DIVISION

EXHIBIT 10.32

AGREEMENT BETWEEN

MEDUSA CEMENT COMPANY

(Division of Medusa Corporation)

WAMPUM, PENNSYLVANIA PLANT

and

THE UNITED CEMENT, LIME GYPSUM

AND ALLIED WORKERS

DIVISION

(INTERNATIONAL BROTHERHOOD OF BOILERMAKERS,

IRON SHIP BUILDERS, BLACKSMITHS, FORGERS,

AND HELPERS, AFL-CIO)

LOCAL UNION NO. D-173

Effective May 1, 1996 to May 1, 1999

ARTICLE I

AGREEMENT AND PURPOSE

(a) This agreement is entered into this 1st day of May, l996 for the purpose
of maintaining the existing harmonious relationship and close cooperation
between the Medusa Cement Company (Division of Medusa Corporation),
hereinafter called the "Company", and members of the United Cement, Lime,
Gypsum and Allied Workers Division (International Brotherhood of
Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers,
AFL-CIO), hereinafter called the "Union", who are employees of the Wampum
Plant of the Medusa Cement Company.

(b) It is the continuing policy of the Company and the Union that the
provisions of this Agreement shall be applied to all employees without
regard to race, color, sex, religious creed, national origin, handicap or
Vietnam era veteran status.

(c) It is agreed that all applicable mutually agreed upon agreements,
policies and practices have been incorporated in this Agreement, and any
additional agreements, policies or practices must be mutually agreed upon
by both parties from this date forward to become applicable. The Appendix
and Letters of Intent, included within this booklet, are considered to be
incorporated as a part of this Agreement.

ARTICLE II

UNION RECOGNITION AND SECURITY

(a) The Company agrees to, recognize the Union as the sole bargaining agent
for the employees of the Company's Wampum Plant insofar as working
conditions, hours of work, and wages are concerned.

(b) As a condition of employment, it is agreed that all eligible employees at
the Wampum Plant shall become members of and remain in good standing with
the Union within thirty (30) days after the signing of this Agreement.

Newly hired employees shall become members of and remain in good standing
with the Union within thirty (30) days from the date of hiring.

(c) The term "employee" as used in this Agreement shall include only those
employed in the job classifications attached in Appendix A.

(d) The Company will deduct from the monthly earnings of any of its employees
his Initiation Fee and Union Membership Dues, and will pay the same to
the party to whom such employee directs the Company in writing. Each such
employee desiring such

deduction to be made from his earnings must present to the Company his
signed order, which shall be substantially as follows:

"I hereby authorize and direct the Medusa Cement Company to deduct and
pay from my earnings accumulated to my credit my Initiation Fee and Union
Membership Dues, and pay same to . . . . . I further agree to hold the
Medusa Cement Company harmless on account of the deductions and payments
herein authorized.

Medusa Cement Company (Division of Medusa Corporation)
Signed ___________________________________

Timekeeper _______________________________

Employee Check No._______________________"

This authorization may be canceled by the Union member on any anniversary
date of this Agreement upon thirty (30) days prior notice, in writing, to
the Company and the Union.

(e) The Company is willing at all times to meet its employees' committee and
representatives of the International Union for the purpose of discussing
wages, hours, and working conditions, with the object to reach a
satisfactory agreement.

(f) The Union shall furnish in writing to the Plant Manager the names of
employees who will serve on the committee. The committee shall consist of
not more than seven (7) and not less than three (3) members. If a vacancy
occurs on the committee, the Plant Manager shall be informed, in writing,
of the name of the new member before a meeting is held. No other members
of the Union who are employees at the Wampum Plant are eligible to attend
these meetings unless previously agreed to between the parties hereto.

(g) Notwithstanding the provision of Article II (b) above, any employee who
is a member of and adheres to established and traditional tenets or
teachings of a bona fide religion, body or sect which has historically
held conscientious objections to joining or financially supporting labor
organization shall not be required to join or financially support the
Union as a condition of employment; provided, however, that each such
employee shall, as a condition of his or her employment, in lieu of the
payment of periodic dues and initiation fees to the Union, pay sums equal
to such dues and initiation fees to any one of the following
non-religious charitable funds, which are exempt from taxation under
Section 501 (c) (3) of the Internal Revenue Code:

1. City of Hope
2. American Cancer Society

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3. American Heart Association
4. National Multiple Sclerosis Society
5. American Red Cross

It is expressly understood that any such employee holding conscientious
objections and choosing not to join or financially support the Union, who
requests the Union to use the grievance - arbitration procedure on the
employee's behalf, shall be required to pay the Union the reasonable
costs of processing any grievance on his or her behalf, including
reasonable costs of arbitration, if any.

(h) Upon receipt from an employee authorizing payroll deduction and
specifying the amount to be deducted, the Company will deduct voluntary
contributions to the City of Hope. All amounts so deducted shall be
remitted by the Company to the City of Hope.

The Company shall be held harmless from any claim demand or action
arising out of such deductions.

Employees contributing to the City of Hope cannot discontinue or change
such contributions for one year.

ARTICLE III

MANAGEMENT

(a) The Union agrees to recognize the Company's right to manage its plant and
direct its working force except as specifically limited by the terms of
this Agreement.

ARTICLE IV

SENIORITY

(a) The seniority unit shall be plant-wide.

(b) Seniority is continuous service which shall be calculated from date of
first employment or re-employment following a break in continuous
service, whichever occurs later.

(c) New employees and those hired after a break in continuity of service will
be regarded as probationary employees for the first ninety (90) days of
work and will receive no continuous service credit during such period.
Probationary employees may file and process grievances under this
Agreement but may be laid off or discharged as exclusively determined by
Management. Probationary employees continued in the service of the
Company subsequent to the first ninety (90) days of work shall receive
full continuous service credit from date of original hiring.

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(d) Employees covered by this Agreement shall lose their entire seniority if:

(1) They voluntarily quit.

(2) They are discharged for cause and not re-hired within six (6) months
or re-instated.

(3) "During a continuous period of absence, an employee absent because
of layoff or disability shall maintain and accumulate seniority for
three years or for a period equal to 50% of seniority attained at
the start of such absence, whichever is greater, thereafter he will
accrue no further seniority during such period of absence.
Thereafter, when a vacancy occurs, for which a laid off employee is
qualified, he will be given registered mail notice of recall at his
last address as shown on company records, to which he must respond
within seven days of receipt of notice. If the employee is
reinstated, he shall be credited with seniority as prescribed above;
if the employee does not respond or refuses the recall, he will
forfeit all seniority and the company may fill the vacancy with a
new employee. The above procedure shall also apply to an employee
absent because of disability, except that he shall only be recalled
for a vacancy which occurs after he is physically able to return to
work. However, the above shall not modify Article IV (d) (5) or
Article V (a) (7) (e) second paragraph."

Any employee detained from work on account of sickness or for any
other good reason shall notify the Plant Manager or his Xxxxxxx,
before the start of his shift. Any employees absenting themselves
from work for five (5) consecutive days without good and
satisfactory reason may be discharged and dropped from the seniority
list and payroll of the Company. Repeated absence of less than five
(5) days shall be subject to a progressive disciplinary program, and
the Local Union will receive communications pertaining to each step
of disciplinary action within one working day excluding Saturdays,
Sundays and holidays of any action taken.

(4) An employee's seniority shall be broken and his employment
terminated effective on the date of his acceptance of Termination
Benefits under the provisions of the Supplemental Unemployment
Benefit Plan Agreement.

(5) In the event the installation of new equipment, or the shutting down
of the plant or a subdivision thereof, results in layoffs which can
be termed of a permanent nature, the employees permanently laid off
shall retain and accumulate seniority for two (2) years: after said
two (2) years such employees shall retain, but not accumulate
seniority until they are terminated in accordance with the Labor
Agreement.

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(e) A leave of absence for the purpose of accepting a position with the
United Cement, Lime, Gypsum and Allied Workers Division, at the local,
district or international level, or the AFL-CIO or any of its subordinate
bodies, shall be available to not more than three (3) employees from each
plant at any one time. Applications for such leave shall be submitted to
the Company in writing thirty (30) days prior to the effective date of
such leave to permit proper provisions to be made to fill the job to be
vacated. Leaves of absence for this purpose shall be for an indefinite
period. During such leave, seniority shall accumulate. Group insurance
coverage shall be suspended after thirty (30) days of such leave. All
insurance coverages will be reinstated upon returning to work with the
Company. Upon returning to work, such employee will be reinstated on his
former job, providing it is still in existence; if not, he shall be
eligible to apply for any job within the bargaining unit by means of the
existing bidding procedure or bumping.

(f) Subject to the approval of the Company, employees requesting a leave of
absence in writing for personal reasons may be granted leaves of absence
not to exceed thirty (30) Calendar days.

(g) The Company shall attach to the Agreement a list of employees' seniority
rights, in order of the date of hiring, as well as a list of the
probationary employees. (see Appendix A (1))

(h) Temporary summer employees may be employed by the Company from May 1st
through September 30th in order to facilitate filling of vacancies caused
by vacations during these months. Employment of summer employees will be
subject to the following conditions:

(1) No summer employee will be hired when any regular employee is on
layoff or drawing short work week benefits.

(2) All summer employees will be required to join the Union under the
same terms and conditions as required in Article II, Sections (b)
and (c) of the Agreement.

(3) All summer employees must sign an appropriate form which will spell
out the terms of their employment including but not limited to an
agreement to commence their employment on a specified date and
terminate their employment on a specified date.

(4) The term of employment will not be changed, altered or extended
unless mutually agreed to by both the Company and the Local Union
Committee.

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(5) Summer employees shall not accumulate seniority nor be eligible to
bid on any new job or vacant job which may occur during their term
of employment.

(6) A summer employee will not have any vacation rights.

(7) Summer employees will not participate in the Company's pension, SUB
and insurance programs.

(8) If college students or graduated high school seniors enrolled in a
college are available, temporary summer hires will be limited only
to these students.

The above will be in full force and effect, except that if any portion is
found to be contrary to any Federal, State or local law, it shall be
changed to comply with said law.

ARTICLE V

JOB SECURITY

(a) (1) Whenever the installation of mechanical equipment, change in
production methods, the installation of new or larger equipment, the
combining of jobs or the elimination of jobs, will have an effect on
the job status of one or more employees. the Company will give the
Union reasonable advance notice of same, and upon request by the
Union will promptly meet with the Union to review and explore the
effects of such installation or installations or change or changes
upon the working force.

(2) Employees will not be terminated by the Company as a result of
mechanization, automation, change in production methods, the
installation of new or larger equipment, the combining of jobs or
the elimination of jobs.

(3) Whenever an employee is no longer needed on his regular job as a
result of Circumstances described in (1) above, such employee will
have up to seven (7) days from date of notification to exercise his
right to apply for any jobs within the bargaining unit on which an
incumbent has less seniority, and for which he could reasonably be
expected to qualify within a ninety (9O) day on-the-job training
period, unless the employee applying for such job is disqualified
due to physical reasons. The rate of pay for such employee shall not
be less than ninety-five percent (95%) of the rate for the regular
job from which he was displaced, irrespective of the rate of the job
which he applies for and obtains. The ninety-five percent (95%) of
rate protection shall apply for a minimum period of one (1) year, or
a period equal to one-third (1/3) of an employee's seniority up to a
maximum of five (5) years. If the affected employee is tendered
training for a job

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which he could be reasonably expected to qualify for within a ninety
(90) day on-the-job training period and refuses, he will not be
entitled to any rate protection unless he has a bona fide reason for
refusing. If an employee on ninety-five percent (95%) rate
protection subsequently bids on and is awarded a lower rated job, he
shall lose his rate protection.

(4) Employees affected by the application of the foregoing procedure
shall have and may exercise and same rights for retention and
on-the-job training in accordance with their seniority status and
the ninety-five percent (95%) rate guarantee shall also be
applicable to them.

(5) Employees who do not apply for and/or obtain a job in accordance
with the provisions of (3), including employees displaced from their
jobs but whose seniority status does not permit then to utilize job
retention rights under the provisions of (3) or (4), will be placed
on layoff status with recall rights in line with their seniority
status for job vacancies which may thereafter occur.

(6) The provisions of (3) of this Section do not apply to displacements
or layoffs resulting from production curtailments, except that
employees laid off and not recalled when production is resumed
following Curtailment will be entitled to the same rights as
employees affected by the preceding (3).

(7) Should the Company permanently shutdown the present facilities
affording employment to the employees comprising the bargaining unit
(the present facilities shall be deemed to have been permanently
shutdown if all productive facilities are abandoned even though the
shipping facilities continue to operate), the Company shall mail a
notice informing each affected employee that his employment with the
Company has been terminated because of the permanent shutdown. The
notice shall be mailed at least ninety (9O) days prior to the
shutdown to the employee's last address on the Company's records.
Each employee who is mailed said notice shall have the following
options:

A. An employee who is not eligible for a normal (excluding 30-year
retirement pension) or late retirement pension may elect to transfer to
another operation of the Company covered by a collective bargaining
agreement with the Union in accordance with paragraph 8 or paragraph 9.
Any transfer pursuant to paragraph 8 or paragraph 9 will occur not later
than three years after the last day the employee worked. An employee
awaiting transfer shall be placed on layoff and shall receive S.U.B.
layoff or reduced layoff benefits provided the eligibility and other

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requirements of the S.U.B. Plan are met. An employee may void his
election to transfer at any time during the three-year period. If the
employee is eligible for an immediate pension at the time he voids his
election to transfer, he shall retire, effective the date he voids his
election, under the pension plan in effect at the time of the permanent
shutdown. An employee may also void his election in order to apply for
S.U.B. termination benefits.

B. An employee who is eligible for an immediate pension at the date of the
permanent shutdown shall retire as of the effective date of the permanent
shutdown except:

1. An employee whose combined age and years of service equal 62 or more
but less than 65 may elect layoff until his combined age and years
of service equal 65 at which time the employee shall retire and
receive a permanent shutdown pension. The pension plan in effect at
the time of the permanent shutdown shall determine the retirement
benefits payable to the employee. An employee who elects layoff
under these conditions shall receive S.U.B. layoff or reduced layoff
benefits provided the eligibility and other requirements of the
S.U.B. plan are met.

2. An employee who is eligible for an immediate pension other than a
normal or late retirement pension and who elects to transfer to
another operation of the Company shall not retire unless the
transfer is not accomplished.

3. An employee shall not be required to retire under a disability
retirement pension earlier than he would otherwise be required to
retire if the Company had not permanently shutdown the facilities.

An employee who retires under the Pension Plan may also be entitled
to receive S.U.B. Termination Benefits in accordance with the terms
of the S.U.B. Plan.

C. The employee may elect S.U.B. Termination Benefits in accordance with the
terms of the S.U.B. plan at any time within one (1) year after notice of
termination has been mailed to him.

An employee other than an employee who is eligible for an immediate
pension may elect layoff prior to submitting his application for S.U.B.
Termination Benefits and shall receive S.U.B. layoff or reduced layoff
benefits provided the eligibility and other requirements of the S.U.B.
Plan are met.

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D. If the facilities which have been permanently shutdown are re-opened by
the Company within three (3) years of the date of the permanent shutdown,
an employee who has retired under the Pension Plan shall be eligible for
recall in accordance with his seniority status at the time of the
permanent shutdown. An employee who has elected S.U.B. Termination
Benefits shall also be eligible for recall in accordance with his
seniority status at the time of the permanent shutdown. Any pensioner who
has received S.U.B. Termination Benefits and accepts recall and any
former employee who has received S.U.B. Termination Benefits and accepts
recall shall repay said Termination Benefits to the S.U.B. Trust Fund or
to the Company, whichever was the source of the Termination Benefits, in
accordance with the S.U.B. Plan Agreement. Any employee who accepts
recall shall have his previously accumulated seniority rights, pension,
S.U.B., insurance, and vacation credits as of the last day the employee
worked or at the date of permanent shutdown, whichever occurs later,
reinstated on the date he returns to work.

E. An employee who is not eligible for an immediate pension may elect layoff
and shall receive S.U.B. layoff or reduced layoff benefits provided the
eligibility and other requirements of the S.U.B. Plan are met.

The employment rights of any employee on layoff shall terminate three (3)
years after the last day the employee worked and the employee's seniority
shall be broken.

F. An employee's participation in the group insurance program shall
terminate effective the day following the last day the employee worked
and pending claims shall be processed in accordance with the terms of the
existing group insurance program. No employee shall be eligible for
holiday pay or vacation pay other than vacation pay due after the last
day the employee worked or the date of the permanent shutdown whichever
occurs later. No employee shall accumulate credited service under the
Pension Plan after the last day the employee worked or the date of the
permanent shutdown, whichever occurs later.

(8) In the event the Company constructs a new plant that will affect the
employment status of employees in the Company's plant or plants
comprising this bargaining unit, such employees shall be given an
opportunity to make application for employment in the new plant
before it starts operation, and such employees shall be given
preferential employment rights for the highest rated job the
employee is capable of performing. Such an employee shall transfer
with him all his previously accumulated pension, S.U.B., insurance
and vacation credits. His seniority rights at the former plant shall
terminate upon his establishment of seniority rights in the new
plant.

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(9) When an employee has been laid off or displaced because of permanent
changes in the working force or because of a plant closing, he may
make written application within fifteen (15) days of layoff or
displacement for employment in another plant of the Company and he
shall be given preferential employment rights for job openings at
such other plant, providing such employee is capable of performing
the job that may be available at such other plant of the Company.
Any employee so transferring from one plant to another of the
Company shall retain his previously accumulated pension, S.U.B.,
insurance and vacation credits. His seniority rights at the former
plant shall terminate upon his establishment of seniority rights in
the plant to which he transferred.

(10) Employees transferring from one plant to another as provided in (a)
(7), (8) and (9) of this Article will receive a moving expense
allowance. The Company will reimburse each employee for actual
moving expenses incurred to move furniture and other household goods
up to a maximum of $1,000 per employee.

(b) When a production curtailment or a plant shutdown causes a reduction in
personnel in a department or throughout the plant, a senior employee
whose regular job is not required shall have the option of accepting
available work for which he is qualified or accepting layoff. A senior
employee who is eligible to accept layoff shall be recalled (1) when his
job resumes operation, or (2) when the plant starts up, whichever occurs
sooner providing his seniority permits such recall. A senior employee who
elects to accept available work shall be entitled to:

(1) First, bump any junior employee whose job is in the same department
as the senior employee provided that the senior employee previously
held the job permanently or temporarily pursuant to Article VII,
Section (i) (3), for a sufficient period of time to demonstrate his
ability to satisfactorily perform the job as it is constituted at
the time of the production curtailment or plant shutdown, or if no
jobs are available.

(2) Second, bump any junior employee whose job was previously held by
the senior employee permanently or temporarily pursuant to Article
VII, Section (i) (3), for a sufficient period of time to demonstrate
his ability to satisfactorily perform the job as it is constituted
at the time of the production curtailment or plant shutdown; the
senior employee must attempt to bump into a job that he previously
held in the reverse order of his promotions. In other words, he must
first attempt to bump into the job he held immediately prior to his
present job.

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(3) If step (1) or (2) above would result in an employee becoming a part
of the labor crew, he may exercise the bumping rights set forth in
(4) below prior to entering the labor crew.

(4) Third, a senior employee can bump a junior employee on a plant-wide
basis except for any maintenance job, any laboratory job, or the
control room operator's job, provided he is qualified to perform the
job immediately.

The above bumping procedure must occur in the order designated.
However, an employee may bump the most junior employee in a
particular classification on a particular shift rather than being
forced to bump the most junior employee holding that particular
classification without regard to the shift the employee would have
to work on. Any junior employee who is displaced by a senior
employee shall have the same rights as the senior employee set forth
herein. After the bumping is completed, the Company has the right to
require a senior employee to perform available work during the
curtailment or shutdown if there is no junior employee with the
necessary qualifications to perform the work.

A plant shutdown is defined as a period during which none of the
clinker burning units are producing.

The wage rate paid during a production curtailment shall be the wage
rate of the job performed. An employee who works on two (2) or more-
jobs in one day shall receive the highest wage rate for only the
time worked on the higher rated job. However, should the employee
work on a higher rated job(s) four (4) hours or more in the work day
he shall receive the higher rate of pay for the entire day.

During periods of plant shutdowns when employees are needed for
maintenance, repairs, or work on plant alterations, the wage rate
paid to employees who are retained for work during the first
forty-five (45) days of a plant shutdown shall not be less than the
employee's regular straight-time wage rate normally paid when the
plant is producing. After forty-five (45) days, the wage rate paid
shall be the wage rate of the job performed. An employee who works
on two (2) or more jobs in one day shall receive the highest wage
rate for only the time worked on the higher rated job. However,
should the employee work on a higher rated job(s) four (4) hours or
more in the work day he shall receive the higher rate of pay for the
entire day. The ninety-five percent (95%) rate protection is not
applicable to any bumping under this procedure.

When the Company determines that additional jobs are required during
or following a production curtailment or a plant

shutdown and the work force must be increased, the manner in which
the reduction of forces took place will be reversed in order of
seniority to those employees who previously held the job for a
sufficient period of time to demonstrate his ability to
satisfactorily perform the job as it is constituted at the time of
the production curtailment or plant shutdown.

In the event that during a production curtailment or a plant
shutdown an employee bids for and is awarded another job, he shall
lose all rights pertaining to the job the employee previously held.

Subsection (b) above shall not add to, subtract from or otherwise
modify the maintenance training agreement by and between the Company
and the International and/or Local Union negotiated after the
effective date of this Agreement.

See Appendix C for definitions of departments as applied to this
Article.

(c) (1) The Company agrees to post a notice at least one week in advance of
an intended shutdown. This shall not apply to emergency shutdowns
due to reasons beyond the Company's control: such as power failure,
labor disputes, fire, flood, or acts of God.

(2) The Company will post a notice seven (7) days in advance indicating
when a production curtailment or plant shutdown will end.

(3) Whenever a layoff is planned because of a change or reduction in
plant production requirements, the Company will, not less than seven
(7) calendar days prior to the effective date of the layoff, post a
bulletin stating the expected extent of such layoff, and the
expected effect on the work focus. In the event the required notice
is not given in accordance with the above, the Company will pay the
laid-off employee(s) the scheduled time lost at the applicable
straight time shift rate. The seven (7) calendar day period shall
commence on the completion of the third shift following the day in
which the notice was posted. The foregoing does not apply to
disciplinary layoffs and layoffs because of curtailment made
necessary by disaster or emergency conditions affecting the ability
of the Company to physically operate the plant.

(d) Company personnel excluded from the bargaining unit shall not perform
bargaining unit work except in an emergency, endangering life or
property: for training or instruction purposes for testing, diagnosis,
analysis or when necessary to prevent disruption of the flow of
operations or when necessary to meet the interest of efficient
operations.

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Should a Company person excluded from the bargaining unit violate this
commitment, the Company will be required to pay to the effected worker or
workers double time (his or their) regular straight time hourly rate for
anytime worked by persons not included in the bargaining unit, with a
minimum of four (4) hours pay. If there is no affected worker, the
penalty for such work shall be paid to the worker lowest in overtime in
the classification and/or department.

(e) Any employee who becomes incapacitated and, on the basis of competent
medical opinion, cannot perform the duties of his regular job may
exercise his plant seniority through the bumping procedure to move to
another position within the bargaining unit at the plant for which he
could qualify within a reasonable period of time, but not to exceed
ninety (9O) days. This in no way affects the bidding rights of the
employee. The ninety-five percent (95%) rate protection is not applicable
to bumping under this procedure.

Any employee who is displaced by an incapacitated employee pursuant to
paragraph (e) of this Section may exercise his plant seniority to bump
into another position within the bargaining unit at the plant for which
he is qualified in the same manner as provided for in the job bidding
procedures.

(f) As soon as the Company knows that there will be a job elimination Tit
will notify the Union as to when the elimination will take place.

ARTICLE VI

EMPLOYMENT AND PROMOTION

(a) All vacancies and new jobs created shall be posted no later than the
eighth (8th) day following the date the vacancy occurred or the new job
was created. Said vacancies and new jobs shall be posted for seven (7)
days to allow any employee in a classification whose straight time hourly
rate is less than the bid job to make application in writing for such
job. See Attachment "A". The Company will consider every application in
terms of:

(1) Seniority

(2) The applicant's skill and ability and physical fitness measured
against the requirements of the job.

Where two or more applicant's qualifications in (2) are relatively
the same, seniority shall govern.

If an employee proves unsatisfactory, he shall be reinstated to his
previous job, and the Company will consider the remaining applicants
in accordance with the above.

This article does not require the Company to award a job to any
applicant if no applicants are qualified to perform the work.

The Company has the right to assign any employee to fill a new job
or to fill a vacancy until the job has been awarded.

The Company will meet with the Local Union Committee to explain its
decision when the Company awards a job to a junior applicant. Any
senior applicant shall have the right to challenge the Company's
award by filing a grievance in a timely manner. Any employee
reinstated to his previous job shall have the right to challenge his
disqualification by filing a grievance in a timely manner.

(b) Prior to the time that bids are removed from the bid box, an employee may
withdraw his bid by placing a withdrawal slip in the bid box.

Bid boxes will contain two (2) locks; one for the Company and one for the
Union.

(c) Any employee can give the Company a letter which lists in order of
preference all jobs that the employee wishes to bid if such jobs become
vacant and are posted while the employee is absent from work because of a
scheduled vacation or due to an illness or an injury. Furthermore, if the
Company creates and posts a new job during such period that an employee
is absent from work due to an illness or an injury, the Company will use
its best efforts to notify the employee about such job no later than the
last day such job is posted to learn whether the employee wishes to bid
on the job.

(d) An employee who bids for and is awarded a permanent job can bid for the
same permanent job even though it is in the same bracket if the
employee's sole reason is to work different days and/or shifts.

(e) If the employee previously held the classification on a bid basis or
temporary basis (including step up or labor fill in) he will have no
option, unless the job has been substantially changed in which case he
will have a five day option. An employee who has not held the
classification on any basis will be given a five day option.

(f) An employee who bids and is awarded a job shall receive the rate of the
new job when he moves on to the job or on the Sunday following two full
weeks subsequent to the date of the award, whichever comes first.

(g) See Appendix F for examples.

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ARTICLE VII

WORKING CONDITIONS

(a) Hours of work

Eight (8) hours shall be the regular work day and forty (40) hours shall
be the regular work week. This shall not constitute a guarantee of work.
The work day shall commence with the beginning of the morning shift and
work week shall commence with the beginning of the morning shift on
Sunday. The starting and quitting times for the shifts shall not be
permanently changed during the term of this Agreement except by written
agreement of the Company and the Union.

(b) Work Schedules

(1) *Work schedules for each work week will be posted on Thursday of the
previous week prior to the end of the first shift. If an employee's
work schedule is changed after the end of the first shift of the
preceding Thursday, he shall be compensated by multiplying the
regular straight time hourly wage rate by one-half (0.5) for the
first eight (8) hours worked in his new schedule and the premium
shall be paid in addition to whatever compensation the employee is
otherwise entitled to receive under any other Section of the
Agreement.

(2) If an employee's work schedule is not posted on Thursday of the
previous week prior to the end of the first shift as provided above
the first eight (8) hours worked the following week shall be
considered out-of-schedule and will be paid accordingly. An
employees work schedule is changed when the employee is required by
a schedule posted after the first shift on the previous Thursday to
work hours in place of the hours the employee was required to work
by the schedule posted prior to the end of the first shift on the
previous Thursday.

* See Attachment "B"

(3) If any employee's schedule is changed after the Thursday posting as
a result of an employee who is absent from the plant not notifying
the Company by 9:00 A.M. on the date of the posting that he will be
available for work the following week, no schedule penalty shall be
paid to the employees so affected including the employee returning
to work.

The above exemption from the scheduling clause penalty shall not
apply to schedules changed as a result of an employee returning from
vacation, a floating holiday, bereavement leave or jury duty.

(4) If any employee's schedule is changed after the Thursday posting as
a result of an employee exercising his "work option" under Article
VI (e), no schedule penalty shall be paid to that employee
(including the employee who exercises his "work option".

(5) The current practice of scheduling an employee so that the employee
has two consecutive days off work under normal working conditions
shall not be changed during the term of this Agreement except by
written agreement of the Company and the Union.

(6) The Company will not permanently change the work schedule for a job
during the term of this Agreement. If the Company decides that the
work schedule for a job should be permanently changed, the Company
will eliminate the old job and bid the new job. The status of any
employee who is affected by this sub-paragraph (6) will be
determined by the procedures outlined in Article V (b) except that
the bumping procedure outlined in steps (1) through (4) of Article V
(b) need not occur in order set forth, and further provided should
the employee elect to bump under Article V (b) (4), he will be given
a one week break-in if required.

(7) When the Company changes an employee's schedule, the Company will
explain to the employee the reason for the change and the estimated
duration of the change. The estimated duration of the change is
provided the employee solely to assist the employee in personal
planning and does not limit the Company's right to increase or
decrease the duration of the change.

(8) See Appendix E for examples. See Appendix B for normal schedules.
See Appendix D for those jobs normally filled.

All hours worked and all hours paid shall be compensated by multiplying
the regular straight-time hourly wage rate by one (1.O) unless expressly
provided otherwise.

(d) Rates of Pay - Overtime

(1) The applicable overtime rate shall be time and one-half (1.5) the
employee's straight time hourly rate except on a Sunday or a
holiday, in which case the applicable overtime rate shall be:

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Sunday

A. Straight Time

1. Up to 8 hours - Article VII, Section (h) 1-1/2X
2. Over 8 hours and up to 12 hours 2X
3. Over 12 hours 2-1/2X

B. Overtime and Callouts*

1. Eight (8) hours or less 2X
2. Over 8 hours and up to 12 hours 2-1/2X
3. Over 12 hours 3X

Holiday

A. Straight Time

1. Up to 8 hours - Article IX, Section (d) 2-1/2X
2. Over 8 hours and up to 12 hours 3X

B. Overtime and Callouts*

1. Up to 8 hours 3X

(2) Over eight (8) hours or over forty (40) hours: The Company agrees to
pay for all times in excess of eight (8) hours per day, forty (40)
hours per week, at the applicable overtime rate.

If an employee does not work a regularly scheduled workday through
action of the Company, excused absence or because of a holiday, that
day shall be considered as actually a day worked for all overtime
purposes.

(3) Callouts and off-days: In case an employee is called for emergency
work during any hour in the day or week, in addition to his regular
schedule, he shall receive a minimum of four (4) hours pay for such
work, at the applicable overtime rate. However, if he is notified
before the end of his regular shift to report early, it shall not be
considered a callout. Callout hours and off-day hours are overtime
hours. All Sunday callouts to be paid a minimum of four (4) hours at
the applicable Sunday rate.

(4)* In the event an employee works more than twelve (12) hours in the
workday, he shall be paid for all hours worked in excess of such
(12) twelve hours at double (2x) his regular straight time hourly
rate.

(* See Attachment "B")

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After an employee has been engaged in work for twelve (12)
consecutive hours, he shall be paid for all consecutive hours worked
immediately succeeding and in excess of such twelve (12) hours at
double (2X) his regular straight time hourly rate. *If an employee
is being paid the rate of double time under the foregoing
paragraphs, his rate of pay shall not be reduced when his work
continues into or overlaps his regular shift. However, the Company
may exercise either of the following options:

A. The Company may instruct the employee to continue to the end of the shift
at the double time rate, or

B. The Company may send the employee home at any time during the shift,
provided the remainder of the shift is paid for at straight time. Such
employee cannot be called back to work until he has been off duty for
eight (8) consecutive hours.

In no event shall the first two provisions of this section be applied to
the same hours of work. The provision which creates the highest earnings
shall be applied.

(5) Lunch period interrupted by work assignment: One-half (0.5) hour at
applicable overtime rate shall be paid for any scheduled lunch
period interrupted by a work assignment and either prior or
subsequent to the regular lunch period, reasonable time for lunch
shall be granted with pay for same at the employee's regular rate.

(6)* Seventh consecutive day: If an employed actually works seven (7)
consecutive workdays in the plant workweek regardless of the number
of hours worked on any workday, the employee shall be compensated by
multiplying the classified hourly wage rate by one (1.O) for each
and every hour worked during the seventh consecutive workday, and
this premium shall be paid in addition to whatever compensation the
employee is otherwise entitled to receive under any other section of
the Agreement.

(7) Overtime paid for on a daily basis shall not be duplicated on a
weekly basis.

(e) Limitations upon Overtime:

(1) Every reasonable effort will be made by the Company to avoid
requesting any employee to work overtime and the Company will
consider under the circumstances involved any reasonable excuse from
an employee for not working the overtime. During the extended period
of scheduled overtime, the Company will give special consideration
to

* See Attachment "B"

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an employee's request to be excused from overtime work because of
fatigue as long as it is consistent with the Labor Agreement and
plant operational requirements. Whenever an employee is on layoff
due to lack of work or because of curtailment of operations no
overtime work will be scheduled on any work which the laid-off
employee is capable of doing and is able to perform, except in cases
of emergency repair or unscheduled absences of other employees. The
foregoing to the contrary notwithstanding a laid-off employee will
not be called back to work unless; there is at least thirty-two (32)
hours work in the work week for such employee.

(2) Overtime in the various job classifications shall be equally divided
among the employees of the respective job classifications insofar as
it is practical to do so. When an employee is not available for
overtime in his classification, the Company will make every effort
to use another qualified employee in the same department before
going to another department. This will not prevent the Company from
going outside the department where the overtime is required to avoid
the payment of a rate whether penalty or premium of greater than
time and one-half (1.5). The practice of posting overtime will be
continued.

(3) After an employee is transferred or assigned to a classification
other than his own, he shall be eligible for the same overtime
within that classification as would the employee he replaced.

(4) Employees who are called upon to work overtime shall not be laid off
during their regular work time for the purpose of equalizing said
overtime.

(5) The Company will pay overtime in fifteen (15) minute increments
during the first hour of overtime.

(f) (1) Any employee who has not been notified of his overtime assignment at
least twelve (12) hours prior to the commencement of the overtime
assignment and who works more than ten (10) consecutive hours, shall
be provided with a hot lunch. This lunch shall be eaten at the end
of the normally scheduled shift and before the commencement of the
overtime assignment. The Company will allow the employee thirty (30)
minutes away from his/her job to eat his/her lunch. If each employee
works in excess of fourteen (14) consecutive hours he/she shall be
provided with an additional lunch and thirty (30) minute break, and
lunches and breaks will be furnished at the end of every four (4)
consecutive hours worked thereafter. See Attachment "C".

(2) Any employee who is called out and works more than four (4)
consecutive hours shall be provided with a hot lunch which shall be
eaten at the end of said four (4) consecutive hours. In addition,
said employee shall be provided with a hot lunch every four (4)
consecutive hours worked thereafter.

There shall be no duplication of hot lunches under provisions (1)
and (2) above. The employee shall be given reasonable time to eat
his lunch without loss of pay.

(g) Eight Consecutive Hours Off-Duty: *

(1) An employee should receive at least eight (8) consecutive hours off
work within the fourteen (14) consecutive hours immediately
preceding the start of his next scheduled shift. In the event an
employee does not receive eight (8) consecutive hours off work
within the fourteen (14) consecutive hours immediately preceding the
start of his next scheduled shift, the Company shall exercise one of
the following options:

A. Instruct the employee to report late for his next scheduled shift by the
number of hours his longest consecutive off-duty period falls below eight
(8) hours and pay the employee the appropriate straight time rate for
those hours not worked between the starting time of his scheduled shift
and the time he reports to work in accordance with the Company's
instructions. The appropriate straight time rate on the workday Sunday
shall be one and one-half (1.5) and on a recognized holiday, two and
one-half (2.5).

B. Instruct the employee to report to work at the starting time of his
scheduled shift. The employee shall receive a premium for those hours
worked which, if added to his longest consecutive off-duty period, equal
eight (8) hours. The premium shall be determined by multiplying the
classified hourly wage rate by one (1.O). The premium shall be in
addition to whatever compensation the employee is otherwise entitled to
receive under any other section of this Article.

(2) If an employee does not receive at least eight (8) consecutive hours
off work within the fourteen (14) consecutive hours immediately
preceding the start of call-out hours worked on an off-day (provided
that any of the call-out hours worked occur within the hours the
employee would have otherwise been scheduled to work had the
employee not been scheduled off), the employee shall receive a
premium for those hours worked which, if added to his longest
consecutive off-duty period, equals eight (8) hours. The premium
shall be determined by multiplying the classified hourly wage rate
by one (1.0). The premium shall be in addition to whatever
compensation the employee is otherwise entitled to receive under any
other Section of this Article.

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(h) Sunday Work:

All hours worked by an employee on Sunday which are not paid for on a
premium and/or overtime basis shall be paid at the rate of one and
one-half (1.5) times the classified hourly rate, exclusive of shift
differentials. There shall be no duplication or pyramiding of premium day
and/or overtime under this provision.

* See Attachment "B"

(i) Temporary Job Vacancies:

(1) The Company shall not be required to fill temporary job vacancies,
whether scheduled or unscheduled, unless the efficient operation of
the plant requires that said temporary job vacancies be filled.

(2) Consistent with the scheduling clause, the Company will post a list
of all jobs that are to be filled the following week.

In addition, for the sole purpose of facilitating the assignment of
fill-ins for the following week, the Company will post on Monday, a
list of the jobs that, to its knowledge, will be needed to be filled
the following week. If an employee wishes to be considered for any
fill-in for the following week he must notify the Company which job
he desires on a form provided by the Company by 4:00 P.M. the
Wednesday after the Monday posting or he will not be considered for
the fill-in. This Monday posting does not replace the Thursday
posting requirements nor is the Company liable for any penalties for
failure to make such Monday posting.

Laborers who wish to be considered for these assignments must follow
the above procedures. If there are not enough employees signed up to
meet the Company's requirements on this posting, the Company will
assign the junior laborer who is broken in on that job (if it is a
job that requires break-in time).

(3) The Company can assign laborers to fill temporary vacancies,
scheduled or unscheduled, according to the seniority of the
individual provided that he has the skill and ability to perform the
required work. If only one (1) laborer is qualified, he must accept
the assignment. Once

laborer assignments have been completed, no laborer may be bumped
out of his assigned job, for the week for which the assignment has
been made, by another laborer. Vacancies which are normally filled
are outlined in Appendix D.

(j) Wage Rate - Transfer and Assignments

(1) An employee regularly scheduled to work on two (2) or more jobs
having different wage rates shall receive the highest rate of the
entire week. If a job is regularly scheduled to be performed each
week at least one work day in the work week, the employee filling
that job shall receive the highest wage rate for the entire week. An
employee who is scheduled to work five (5) work days during the work
week on a job or jobs having a higher straight time hourly wage rate
or wage rates than the employee's regular straight time hourly rate,
shall be paid at the higher straight time hourly wage rate for the
entire week. An employee who works on two or more jobs in one day
shall receive the highest wage rate for only the time worked on the
higher rated job. However, should the employee work on a higher
rated job(s) for four (4) hours or more in the workday, he will
receive the higher rate of pay for the entire day. The term "entire
week" used in this section shall mean the 168 consecutive hours
beginning at 7:00 A.M. on Sunday and ending at 7:00 A.M. on Sunday.
The term "entire day" used in this section shall mean the 24
consecutive hours beginning at 7:00 A.M. and ending the following
day.

(2) Employees temporarily transferred shall be paid the classified
hourly rate of the job being performed or the classified hourly rate
of his regular job, whichever is greater.

(k) (1) The Company shall have the right to utilize employees to perform any
job: provided, however, overtime and callouts in any classification
shall be offered to the available employees in that classification
before other employees are assigned such work. See Attachment "C"
for Letter of Understanding concerning transfers.

(2) The Company will consider a request from a fixed shift employee to
replace an employee on the day shift in his classification when the
day shift employee is on vacation or extended illness in excess of
one week provided however, that the laborer used to replace the
offshift employee has been previously trained in that
classification. The Company retains the right to decline these
requests, but will not unreasonably withhold such permission.

(1) Reporting Pay:

Any employee who is required to report for work shall be given at least
four (4) hours pay at the classified hourly rate, and shall receive full
time pay for all time thereafter that he is required to remain on the
premises ready for work. Any employee put to work on his regular working
day shall receive a full day's pay at the classified hourly rate.

The above does not apply to an employee who is returning to work from a
medical absence who has not given the company 24 hours advance notice of
his return.

(m) Funeral Leave

An employee upon the notification of the death of his or her father,
mother, spouse, son, son-in-law, daughter, daughter-in-law, brother,
sister, stepfather, stepmother, stepson, stepdaughter, grandson,
granddaughter, half-sister, half-brother, mother-in-law, father-in-law,
brother-in-law, sister-in-law, grandparents, and spouses grandparents
shall be granted his or her next three (3) scheduled working days off
with pay (four (4) days off with pay if the employee is required to
travel beyond a radius of 500 miles).

The foregoing to the contrary notwithstanding no bereavement payment will
be made unless the employee attends the funeral nor will payment be made
if there are more than fourteen calendar days between the date of death
and the next scheduled workday .

Payment by the Company for such time lost shall be on the basis of eight
(8) hours per day at the employee's regular straight time hourly rate,
including shift differential.

As used herein, brother-in-law is defined to mean (1) the brother of
one's husband or wife, (2) the husband of ones sister, (3) the husband of
the sister of one's spouse: and sister-in-law is defined to mean (1) the
sister of one's husband or wife, (2) the wife of one's brother, (3) the
wife of the brother of one's spouse.

The above clause shall not apply to an employee who is laid off, except
that when an employee is notified to return to work on or before the date
of the funeral, he shall be granted full funeral leave with pay. -

(n) Jury Duty

Any regular employee (as distinguished from a probationary employee)
required to perform jury duty on a day he is scheduled to work, shall be
excused from work on that day. The

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Company shall pay the employee the difference between the amount received
from such jury duty and eight (8) hours at his regular rate of pay plus
shift differential if involved.

The day or days paid for such jury service shall be counted as eight (8)
hours worked for the purpose of computing weekly overtime.

(o) Shift Change

(1) The end of the shift whistles will be combined to one whistle,
twenty (20) minutes before the end of the shift. This will allow
ample time to put tools away and shower. As soon as employees' tools
are put away, they may immediately proceed to the showers. Employees
should stay on their job until this whistle blows.

(2) An employee who does receive a paid lunch period and whose job is
set forth in the list below shall not clock out prior to the end of
his shift. Providing he will not work past the end of his shift on
an overtime assignment, he shall be permitted to leave his place of
work 15 minutes prior to the end of the shift to enable him to clean
up and change clothes. Should the employee elect to spend additional
time in cleaning up following the actual end of the shift, he shall
be paid as though he had clocked out at the actual shift change
time.

Any employee who works past the end of his shift on an overtime
assignment, except in those cases where an employee is filling a
vacancy, shall clock out no more than 15 minutes after he leaves his
place of work. This 15 minute allowance shall not apply to an
employee filling a vacancy on overtime, an employee staying over
less than one hour nor to an employee on call out.

Should the employee miss any part or all of his 15 minute wash up
time, there is no penalty. However, if said employee is regularly
denied his wash-up time, he may file a grievance in a timely manner.

(3) An employee not receiving a paid lunch period who works past the end
of his shift on an overtime assignment shall clock out no more than
fifteen (15) minutes after he leaves his place of work. This fifteen
(15) minute allowance shall not apply to an employee staying over
less than one (1) hour nor to an employee on call-out.

(p) Rest Breaks

(1) An employee who does not receive a paid lunch period will be allowed
a fifteen (15) minute rest break away from his job during the first
four (4) hours of his shift. Break times shall be determined by the
employees foremen, and

the efficient operation of the plant shall be controlling. The
fifteen (15) minute break shall be strictly construed to be the
total time away from the job. Should any employee regularly be
denied a break, he may file a grievance in a timely manner.

(2) Any employee who does receive a paid lunch period and whose job is
set forth in the list below shall be entitled to 15 minutes away
from his job to eat lunch. Lunch breaks for all employees in this
group shall be scheduled so that there is no interruption of
operations. (The Company shall have the right to stagger lunch
breaks.) Should the employee miss any part of or all of this 15
minute lunch break, there is no penalty. However, if said employee
is regularly denied his lunch break, he may file a grievance in a
timely manner.

(q) If after the Thursday posting and prior to Sunday, it is determined that
an employee is to be scheduled to work in another classification, he
shall share overtime rights in that classification starting on Sunday.
This sub paragraph (q) shall not void the requirement of Article VII (b).
(The schedule change clause.)

(r) The Company will not require an employee to clock out and then require
him to clock back in for the sole purpose of avoiding penalties provided
for in Article VII.

(s) Any other provisions of this labor agreement to the contrary
notwithstanding, no employee shall receive pay for any hour worked or
unworked which singly or in any combination, exceeds triple his regular
straight time hourly rate.

ARTICLE VIII

VACATIONS WITH PAY

(a) Any employee who works and receives earnings during at least thirteen
(13) weeks in each calendar year shall be granted a vacation off work
without loss of pay, according to the following schedule.

(b) All employees hired prior to May 1, 1996 shall be subject to the
following vacation eligibility schedule:

(1) All employees who have completed one (1) or more anniversary years
of service, but less than three (3) years of service, will be
entitled to two (2) weeks of vacation, provided they meet all other
requirements of this Article. Employees who have completed three (3)
or more anniversary years of service, but less than ten (10) years
of service will be entitled to

three (3) weeks of vacation, provided they meet all other
requirements of this Article. Employees who have completed ten (10)
or more anniversary years of service, but less than twenty (20)
years of service, will be entitled to four (4) weeks of vacation,
provided they meet all other requirements of this Article. Employees
who have completed twenty (20) or more anniversary years of service,
but less than thirty (30) years of service will be entitled to five
(5) weeks of vacation, provided they meet all other requirements of
this Article. Employees who have completed 30 or more anniversary
years of service, but less than thirty-five (35) years of service,
will be entitled to six (6) weeks of vacation, provided they meet
all other requirements of this Article. Employees who have completed
thirty-five (35) or more anniversary years of service will be
entitled to seven (7) weeks of vacation, provided they meet all
other requirements of this Article.

(2) Employees hired after May 1, 1996 shall be subject to the following
vacation schedule:

(1) All employees who have completed one (1) or more anniversary years
of service, but less than five (5) years of service, will be
entitled to two (2) weeks of vacation, provided they meet all other
requirements of this Article. Employees who have completed five (5)
or more anniversary years of service, but less than fifteen (15)
years of service will be entitled to three (3) weeks of vacation,
provided they meet all other requirements of this Article. Employees
who have completed fifteen (15) or more anniversary years of
service, but less than twenty-five (25) years of service, will be
entitled to four (4) weeks of vacation, provided they meet all other
requirements of this Article. Employees who have completed
twenty-five (25) or more anniversary years of service, will be
entitled to five (5) weeks of vacation.

(c) Vacation pay will be based on a forty (40) hour week at the rate of the
permanently assigned classification on which an employee is working at
the time he takes his vacation. If an employee has held a single higher
rated classification for more than six (6) months during the year
preceding his vacation, he will receive vacation pay computed at the
higher rate. Vacation pay shall include appropriate shift differential
for those on fixed shifts. Employees working on rotating shifts shall be
paid an average of the rates for the rotating shifts involved. Upon
sufficient notice given to the Personnel Clerk, the Company will give an
employee his vacation pay on his last shift prior to the beginning of his
vacation.

(d) (1) Vacations will not be cumulative, but so far as practical, be
granted at times most desired by employees, but the final right to
allotment of vacation periods is exclusively reserved to the Company
in order to insure the orderly operation of the plant. In exercising

its right to allot vacation periods, the Company will not require
any employee who is on layoff to take his vacation during periods of
plant shutdown or curtailment of operation. Where requested vacation
periods conflict, preference shall be given to the older employee in
point of service.

(2) It is further agreed that if any employees have previously selected
their vacation period so that it occurs during an unforeseen
shut-down, such vacation period shall not be changed. Vacations
shall be taken by the employee within the calendar year in which it
is granted.

(3) The Company shall submit appropriate application blanks to the
employees within the first week of November, and they are to be
returned to the Company within one (1) month. In the event an
employee fails to return this form to the Company, then, after this
one (1) month period, the Company shall designate the employee's
vacation period, and notify the employee who fails to return this
application to the Company and the Union of the vacation period
designated for the employee. All vacation blanks received from
employees or issued by the Company shall be returned to the
employees not later than January 1st.

(4) (a) An employee with four (4) or more weeks of vacation can take pay in
lieu of vacation for a maximum of two (2) weeks of his total
vacation eligibility. The above employee may request his payment at
any time from January 1st till the date he turns in his application
blank for his vacation selection. He will receive payment the next
pay period following the date he makes the request.

(b) However, if the above employee does not request two weeks pay in
lieu of time off, he may request up to two weeks pay in lieu of time
off during the calendar year during periods of plant shutdown or
curtailment of operations. Such payment will be made the next pay
period following the date he makes such request.

(c) An employee with four or more weeks vacation, may change two of his
scheduled weeks of vacation and reschedule them during a plant
shutdown or production curtailment provided that the departmental
vacation rules will allow him to be absent from the department.

(5) Any change in an employee's selected and designated vacation period
must be approved by the Company and the Union committee, except as
provided in (4) (b) and (c) above.

(6) Employees entitled to two (2) or more weeks of vacation may be
permitted to take such vacations in two (2) separate periods of not
less than one (1) week each. seniority preference, however, can be
exercised in only (1) of such vacation periods.

In addition to the vacation general rules that are now in effect,
the following procedure, which indicates how subparagraph (d) will
be applied, shall be followed:

(e) Step I

The most senior employee in a department will be asked to choose his
preference period which must be a period of one or more consecutive
weeks. After the aforementioned weeks have been selected, each man in
terms of descending seniority will be asked to select his preference
period until all employees in the department have made their preference
choice.

Step II

Next, the most senior employee in the department will again be asked to
make a selection for those weeks remaining that have not been earmarked
as a preference period. He will now have made a selection for all weeks
for which he is eligible. After the aforementioned weeks have been
selected, each man in terms of descending seniority will be asked to
select his "other than preference" weeks until the least senior man had
made his selection. The procedure for this department is now complete.

(f) Employees who have one (1) or more years of service and who are separated
from service for any reason will receive vacation pay due them on the
following basis: One-twelfth (1/12) vacation credit for each one hundred
(100) hours worked in his current calendar year.

(g) In the event the employment of any such employee is terminated for any
reason, the Company shall pay to the employee, or to his beneficiary in
the event of his death, all vacation pay due.

(h) If an employee enters military service and is not expected to return
before the end of the calendar year, the Company shall pay to the
employee, all vacation pay due.

(i) Employees who wish to have a separate vacation check issued must give the
Company two weeks notice and they will be only issued on payroll weeks.

(j) An employee will be allowed to take one (1) week of vacation on a day to
day basis for prearranged time off with at least seven (7) days prior
notice. The Company will maintain the corresponding percentage of
employees for vacation purposes at 14.5% plus two extra employees off
during May, June, July, August and September.

Vacation taken on a day to day basis, as noted in (j) above, shall not be
included in the calculation in section (j) above, of the percentage of
employees permitted off for vacation purposes.

The final right of allotment of vacation periods is exclusively reserved
to the Company in order to ensure the orderly operation of the plant.

ARTICLE IX

HOLIDAYS

(a) New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day,
Veteran's Day, Thanksgiving Day, the first day of Pennsylvania Deer
Season, the day before Christmas, Christmas Day and one floating holiday
are recognized as "holidays".

(b) If any such holiday falls on Sunday, the following Monday shall be the
recognized holiday. The holiday hours shall be those hours within the 24
hour period, commencing with the beginning of the first shift on the
morning of the holiday and ending at the beginning of the first shift the
following day.

(d) Employees who are scheduled to work on a holiday shall be paid two and
one half (2.5) times the classified hourly rate.

(e) Hours worked on a holiday in excess of eight (8) in a work day, in excess
of forty (40) in a work week, on off days, and on callouts shall be paid
for at the applicable overtime rate.

(f) If no work is required of an employee on the above holidays, he will
receive eight (8) hours pay at his regular straight time rate, provided
he meets the following qualifications:

(1) The employee shall have been employed by the Company for at least
thirty (30) Calendar days prior to the holiday.

(2) The employee shall have worked his last scheduled working day prior
to and his next scheduled working day after such holiday unless
excused therefrom by the Plant Manager on account of sickness,
accident, death in the family, or other excused absence. In no event
shall a holiday be paid for unless an employee has also worked
during the thirty (30) day period immediately preceding or
immediately following the holiday except that the thirty (30) day
limitation shall not apply if the employee was temporarily absent
from work because of sickness, accident, or layoff. In any event,
the employee must work at least one (1) day in the calendar year in
which the holiday is granted.

(g) If an employee is scheduled to work on a holiday and fails to work, he
shall not receive holiday pay.

(h) If an employee works on a holiday, the holiday shall be counted as a day
worked for computing his weekly overtime. Paid holiday is to count as day
worked for overtime purposes, provided holiday falls on one of employee's
scheduled work days and he would have worked that day except for holiday
observance.

(i) An employee not scheduled to work the holiday and who subsequently
performs work on a holiday will be considered as being on callout and
will be paid eight (8) hours at his regular straight time hourly rate in
addition to three (3) times his regular straight time hourly rate for all
time worked with a minimum of four (4) hours at triple time.

(j) Work schedules for each work week which include a holiday will be posted
prior to the end of the first shift on Thursday of the previous week. If
an employee is scheduled to work on a holiday, but then is instructed by
the Company not to work he shall receive for that holiday eight (8) hours
pay at two and one-half (2.5) times his regular straight time hourly
rate.

(k) The phrase "straight time hourly wage rate" as used solely in Article IX,
Holidays, shall mean the higher of either the employee's regular straight
time hourly wage rate or the highest straight time hourly wage rate for a
job on which the employee works at least eight (8) consecutive hours in
the work week in which the holiday falls provided (1) that the eight (8)
hours had been previously scheduled or (2) the hours are worked the day
before or the day after the holiday whether previously scheduled or not.

(l) In any week in which a schedule or floating holiday falls while an
employee is on layoff and he does not receive a S.U.B. benefit solely
because funds are not available, such employee shall be paid for the
holiday provided he worked his last scheduled work day before the holiday
unless excused from working such day under Article IX (f) (2). Such
payment will be paid with the next paid period immediately following the
holiday.

Should the employee receiving the above payment subsequently terminate or
be terminated for any reason prior to his recall from that layoff, the
amount of holiday pay received under this section shall be deducted from
any monies due him from the Company .

(m) The Company will consider the request by an employee to take his
"floating holiday" the day before or the day after a scheduled holiday.
This request must be designated when the employee turns in his annual
vacation request. The efficient

operation of the plant and its departments will be the first
consideration and the Company reserves the right to decline any
individual request. If there is a scheduling conflict between two or more
employees, when the Company grants a request which those employee have
made for the same floating holiday, seniority will govern.

ARTICLE X

WAGES

(a) Considered a part of this Agreement but contained as a separate manual
are the Job Description and Job Classification sheets for all permanent
jobs in the plant, and the administrative procedures governing the
Cooperative Wage Study Program. Any new job to be evaluated or an
existing job to be re-evaluated should be done within ninety (90) days
whenever possible. Any changes in rates shall be retroactive to the date
the Committee requests the Plant Manager to evaluate or re-evaluate the
job. The current Job Classification and Rate List is attached as Appendix
A.

When a job requested to be reevaluated by the evaluation process the
Local will submit the Job Evaluation Request form IR-74-2. The form is
provided to allow for a reasonable amount of information explaining the
justification for the job evaluation request. The Company will meet with
the Committee to discuss the merits of a new job or additional duties of
present jobs. Weigh the factors and try to come to a mutual agreement on
the rate. If we can't agree, the grievance procedure can be used. The
Company is willing to meet to evaluate a job within 90 days of changes.
Agreed upon changes will be retroactive to the date on the Form IR-74-2.

(b) (1) Scheduled shift workers on the first shift shall receive the
classified hourly rate.

(2) Scheduled shift workers on the second shift shall receive the
regular straight time hourly rate plus 47 cents per hour.

(3) Scheduled shift workers on the third shift shall receive the regular
straight time hourly rate plus 70 cents per hour.

(4) These premium rates do not apply to day workers even though they may
work over into premium paid shifts.

(5) If a day worker is scheduled to take the place of a regular
scheduled shift worker then the premium rate for the shift shall
apply.

(6) The premium pay does not alter the provisions covered in Article
VII, Working Conditions.

(7) Shift differentials shall be included as part of the regular rate in
the calculation of overtime compensation.

(c) When changing from standard to daylight time, those employees on the 11-7
shift scheduled for seven (7) hours and actually working seven (7) hours
shall receive eight (8) hours pay.

(d) The Company may at its discretion increase wages in any class or to an
individual in any class without necessitating a change in the rate of any
individual or class.

ARTICLE XI

BULLETIN BOARDS

The Company agrees to allow the proper officers of the Union who are
employees of the Wampum Plant of the Company to use one designated
section of the plant bulletin board for posting notices in the interest
of the Company and its employees.

ARTICLE XII

HANDLING OF COMPLAINTS

(a) All employees shall at all times make an effort to perform their duties
in such a manner as to promote safe and efficient operation of their
department and the plant as a whole.

(l) Should a difference arise between an employee and the Company as to
the meaning and application of this Agreement, or should a
difference arise as to the meaning and application of a recognized
practice, the employee with or without his xxxxxxx shall present his
complaint to his xxxxxxx within ten (10) working days after the date
of the alleged wrong or within ten (10) days (the grievant's
scheduled work days) after the date the employee received his
payroll check, whichever is later.

(2) The xxxxxxx shall orally reply to the employee within five (5)
working days after the date the employee presented his complaint in
Section (1).

(3) If the employee is not satisfied with the xxxxxxx'x reply, the
employee may request his xxxxxxx to present the grievance in writing
to the Union Grievance Committee. If the Union Grievance Committee
believes that the complaint is justified, it may submit the
complaint in writing to the Plant Manager within five (5) working
days of the date of the xxxxxxx'x reply in section (2). Within five
(5) working days of the date the Union Grievance Committee submitted
the complaint to the Plant Manager, he shall schedule a meeting with
the Union Grievance Committee and

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any member or members of his staff that he desires to have present.
This meeting will take place within fourteen (14) working days of
the date the meeting was scheduled.

(4) The parties shall use their best efforts to settle the complaint. If
the parties agree upon the disposition of the grievance, they shall
reduce their understanding to writing and the grievance shall be
settled. If the parties are unable to agree, the Union Grievance
Committee may at the employee's request and within thirty (30) days
of the date of the meeting between the Plant Manager and the Union
Grievance Committee submit the grievance in writing to the Director
of Industrial Relations or his representative with copies to the
International Vice President or District Council Representative and
the Plant Manager. Once ten (10) grievances have been submitted to
the third step, the Director of Industrial Relations shall contact
the International Vice-President or District Council Representative
to schedule a meeting. The parties shall use their best efforts to
schedule the meeting within thirty (30) days.

(5) After full consideration, and such conferences as may be mutually
agreed upon with an International or District Council Representative
of the Union, the grievance shall be considered settled when the
employees representative and the Company's representative shall have
reached an agreement.

(6) If the parties are unable to settle the grievance, either party can
notify the other party in writing that it intends to submit the
grievance to arbitration. This notice must be given within ten (10)
working days of the receipt of written confirmation of verbal
answers given at the last meeting in Section (5). The consent of the
other party is not required to arbitrate a grievance.

(b) When an issue is referred to arbitration, the parties shall select an
arbitrator by mutual agreement within ten (10) days. Failing to reach an
agreement upon the selection of an arbitrator, the parties shall request
the appointment of an arbitrator by the Federal Mediation and
Conciliation Service.

After receipt of the list of a panel of arbitrators, acceptable to the
parties, from the Federal Mediation and Conciliation Service, the
grievances to be presented to the arbitrator selected must be heard by
that arbitrator within six (6) months of the receipt of the panel.

Grievances heard by the arbitrator must be presented in chronological
order based on the date the grievances were written except in discharge
cases which may be presented out-of-chronological order or in cases where
the parties have mutually agreed in writing to waive the chronological
order requirement.

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If the arbitrator should cancel or postpone a hearing date after it has
been agreed to by the parties, the time necessary to obtain a new date
shall not be included in the six month time limit mentioned above.

The six month time limit may be waived with the mutual consent of the
parties.

(c) All time limits set forth in (a) and (b) shall be strictly observed: time
limits can be extended by a written agreement between the parties.
Failure to observe any time limit shall cause the grievance to be
considered settled in favor of the employee if the Company has failed to
observe the time limit or in favor of the Company if the employee and/or
the Union has failed to observe the time limit. Any grievance considered
settled under conditions of this paragraph (c) shall be without
precedent.

(d) The arbitrator shall consider only the grievance appealed to him and
shall have jurisdiction and authority only to interpret, apply, or
determine compliance with the provisions of this Agreement and only to
the extent necessary to determine the grievance. The arbitrator shall not
have jurisdiction or authority to add to, modify, detract from or alter
in any way the provisions of this Agreement,

(e) The arbitrator's decision shall, at the request of either party, be in
writing and shall be final and binding on both parties. The fees and
expenses of the arbitration proceedings, except fees for witnesses
brought in by either party and legal counsel's fees, shall be borne
equally by the Company and the Union. Bargaining unit employees including
Committeemen who participate in arbitration proceedings shall not be
compensated by the Company,

(f) Grievances involving the provision of the collective bargaining agreement
and occurring so as to be processed to arbitration at the same time will
be at the request of either party arbitrated before the same arbitrator.
However, it is agreed that not more than four (4) cases will be heard at
one (1) series of hearings.

(g) Local Union officers and stewards off duty and representatives of the
International Union and District Council shall, upon notice to the
Company, be permitted on the Company's premises to investigate
grievances.

(h) Meetings will be conveniently scheduled so as to complete all business
within the normal working day for day employees. Any employee who is
scheduled to work during the hours the meeting is held and who attends
the meeting will be compensated by

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multiplying his regular classified hourly wage rate by the hours he
attends the meeting. In addition, if this employee attends the meeting
beyond his normal quitting time, he will be compensated for each
additional hour he attends the meeting by multiplying his regular
classified hourly wage rate by one (1.0) and said additional hour or
hours shall not count toward daily or weekly overtime.

Any member of the Committee who is not scheduled to work during the hours
the meeting is held, who is not scheduled to work the third shift
immediately preceding the meeting, or who is not scheduled to work the
second shift immediately following the meetings, and who attends the
meeting, will be compensated by multiplying his regular straight time
(1X) hourly wage rate by all hours he attends the meeting. Any hours paid
under this paragraph shall not count toward the calculation of any
penalty or premium pay section of this Agreement including but not
limited to daily or weekly overtime. Any employee who is receiving S.U.B.
benefit, sickness and accident benefits, or Workmen's Compensation
Benefits for the day of the meeting or who is absent due to disciplinary
layoff shall not receive any compensation under this paragraph.

When a meeting is scheduled at which a representative of the
International Union and a representative of the Company from Cleveland
will attend, any member of the Committee who is scheduled to work the
third shift immediately preceding the meeting will be excused from
working the third shift and will be compensated by multiplying eight (8)
hours at his regular classified hourly wage rate plus shift differential
if the employee has attended the meeting .

Any member of the committee who is scheduled to work the second shift
immediately following the meeting will be excused from working the second
shift if the employee has attended the meeting for six (6) hours. In the
event the employee is excused from working the second shift, he will be
compensated by multiplying eight (8) hours at his regular classified
hourly wage rate plus shift differential.

(i) Where there is a discussion between an hourly employee and a supervisor
that is intended as a disciplinary measure, the Company requests that a
grievance Committeeman, job xxxxxxx or other designated employee be
present.

A "disciplinary measure" shall be limited to the issuing of a reprimand
or the imposition of a penalty to an employee about which a notation,
letter or unsatisfactory performance report is subsequently made part of
the employee's personnel file.

It shall be the responsibility of the Union to appoint and have available
on each shift a committeeman, job xxxxxxx or other employee designated
for purposes of this Section who shall be identified to the Corporation
in writing.

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All written notations or reprimands that an employee receives can only be
used for the twelve month period following the issuance of the notice in
any future disciplinary actions.

It is not the intent of this Section to expand the total number of
committeemen as provided for in Article II (f).

ARTICLE XIII

STRIKES AND LOCKOUTS

(a) Having provided an orderly procedure for settling all disputes, the
Company agrees not to lock-out its employees and the Union agrees that
there will be no strikes or work stoppages during the term of this
Agreement.

(b) The Company agrees not to hold the Union liable when such activities are
not authorized by the Union, provided that the Union, within forty-eight
(48) hours, orders its members to cease and desist from such activities.

(c) It shall not be a violation of this Agreement or cause for disciplinary
action, including discharges if an employee refuses to cross a picket
line that has been established in full compliance with existing laws.
Picket lines established as a result of jurisdictional disputes, picket
lines established for the purpose of organizing in-plant non-bargaining
unit personnel, and/or informational picket lines are excluded from this
protection.

Notwithstanding the above, employees will not honor any picket line
unless authorized by the International Union. The International Union
will not be held liable for any subsequent damage to the Corporation
resulting from refusal of employees' to cross an unauthorized picket
line.

ARTICLE XIV

SAFETY

(a) The Company will, according to its established practice, continue to
install such safety devices for the protection of the lives and health of
its employees as are required by the Workmen's Compensation laws of the
Commonwealth of Pennsylvania. The Company will maintain the washhouse
with heat, light, and plenty of hot water, and keep the toilets,
fixtures, and floors in a sanitary condition, and will supply good
drinking water wherever necessary about the plant. Sufficient equipment
and tools shall be maintained in a safe and efficient working order, and
the regulations and safety codes adopted by the Department of Labor,
Commonwealth of Pennsylvania,

in the interest of protecting the safety and health of industrial
employees as they affect this industry, shall be strictly observed by
both parties.

(b) The Company agrees to furnish first aid and medical service to its
workers in any cases originating out of their work in the Company plant,
in compliance with the Workmen's Compensation laws of the Commonwealth of
Pennsylvania. Medical Services shall be performed by a doctor to be
agreed upon by the Company and the plant Safety Committee, but at the
request of the injured, and the approval of the Plant Manager, and
Director of Industrial Relations, other medical aid may be called in at
the expense of the Company for consultation or treatment of any cases. It
is agreed that a complete medical examination may be required before an
applicant is employed. Also, that complete medical examination of any
employee may be made annually or any time at the discretion of the
Company. Copies of such reports and examinations will be kept on file by
the Company and shall at all times be available for inspection to such
employees. Copies thereof shall be furnished to such employees'
designated physician upon request.

(c) A supervisor plus two hourly representatives on the Safety Committee will
be granted a period not to exceed four (4) hours in which to conduct a
safety tour through the plant.

Another safety tour not exceeding two (2) hours will be granted to
inspect the Quarry. The safety tour will have the sole purpose of
inspecting the plant and identifying existing and potential safety and
health hazards. The tours are to be conducted once per month, both of
them prior to a plant safety meeting .

(d) A Joint Safety and Health Committee shall be established Consisting of
four (4) members, two (2) appointed by the Company and two (2) appointed
by the Local Union. In the event that a member is absent from a meeting
of the Committee, his alternate may attend and when in attendance shall
exercise the duties of the member. The Plant Manager or his designee will
be the fifth member and act as Chairman of the Committee.

The Joint Committee shall meet as often as necessary, but no less than
once each month, at a regularly scheduled time and place, for the purpose
of jointly considering, inspecting, investigating and reviewing health
and safety conditions and practices and investigating accidents, and for
the purpose of jointly and effectively making constructive
recommendations with respect thereto, including but not limited to the
implementation of corrective measures to eliminate unhealthy and unsafe
conditions and practices and to improve existing health and safety
conditions and practices. All matters considered and handled by the
Committee shall be reduced to writing, and joint minutes of all meetings
of the Committee

shall be made and maintained. One union representative of the Committee
will accompany a Federal or State investigator on a walk-around
inspection or investigation and will attend any pre or post-inspection
conferences. All time spent in connection with the work of the Committee
by a union representative including all time spent in pre or
post-inspection conferences and walk-around time spent in relation to
Federal and State inspections and investigations as provided for above,
shall be compensated at the employee's regular straight-time hourly wage
rate. Any time spent during the hours the employee is scheduled to work
shall count toward the calculation of any penalty or premium pay section
of this Agreement including, but not limited to daily or weekly overtime.
Any time spent outside of the hours the employee is scheduled to work
shall not count toward the calculation of any penalty premium pay section
of this Agreement. No time spent outside of the hours the employee is
scheduled to work shall be compensated at a rate greater than one (1)
times the employees straight-time hourly wage rate.

Any employee who believes his job presents a hazard to his safety or
health may request an immediate review of his job by the Joint Safety and
Health Committee.

No employee shall be disciplined or discharged for refusing to work on a
job if his refusal is based on bona fide claim that said job is not safe
or might unduly endanger his health or safety.

(e) Safety and health problems may be resolved in accordance with the
provision of the grievance procedures, including arbitration.

(f) (1) In the event that an employee is required to clean roofs, clean
silos, coal tanks or scale a quarry face under conditions that
require specialized safety equipment or precautions, the hours
worked shall be compensated for by multiplying the classified hourly
wage rate by one-half (0.5) for each and every hour worked that
requires specialized safety equipment or precautions, and this
premium shall be paid in addition to whatever compensation the
employee is otherwise entitled to receive under any other section of
this Agreement. If the parties disagree as to whether or not the
work in question warrants the premium payment it shall be taken up
by the Safety Committee. Employees will not be required to work in
coolers and/or other equipment until such equipment has been
reasonably cooled so as not to endanger the employee's safety.

(2) When an employee cleans a precipitator, he will be paid one and
one-half (1.5) times his classified hourly rate.

(3) If an employee is required to work in a kiln that has been shutdown
for less than ten hours, he shall be paid one and one-half (1.5)
times his classified hourly rate for all hours worked prior to the
ten hour period.

The ten hour period shall commence with starting of the I.D. fan.

(4) An employee who is required to work within a cooler during the first
four (4) hours that the cooler has been shutdown after it has been
operating at a normal level shall be paid at one and one-half (1.5)
times his classified rate for all hours worked prior to the four
hour period. This shall apply only to the "hot-zone", i.e. the first
thirteen rows of grates starting from the feed end.

Working within the cooler is defined as working above the grate
area.

(g) Should the Company require an employee to wear foot protection, the
Company will furnish such protection without cost to the employee. The
liability of the Company with regard to safety shoes will be limited to
not more than (2) two pairs in any one year. A new pair of shoes will
only be provided to an employee when the worn out pair is turned in for
replacement.

(h) The Company will pay the cost of the eye examination if safety glasses
with corrective lenses are required. The Company will pay for safety
glasses whether or not glasses require corrective lenses. Safety glasses
with or without corrective lenses will not be replaced more than once a
year unless broken or otherwise destroyed on the job.

(i) The Company will continue its existing local practices regarding the
furnishing of gloves.

Employees who are not presently receiving gloves under existing local
practices shall receive one pair of gloves at the beginning of each
contract year, and each such employee shall receive a maximum of one
additional pair per contract year from the Company upon return of his
worn out gloves.

In the event such an employee wears out and returns the two pairs of
gloves provided to him the Company shall sell him an additional pair of
gloves for each worn out pair of Company gloves he returns. Said gloves
shall be sold to the employee at the price paid by the Company.

(j) If the Company requires an employee to take a physical examination, the
Company agrees to pay for the physical examination and also agrees to pay
the employee at his straight time hourly rate for all time spent in the
doctor's office taking the physical examination; provided however,
employees receiving A, & S. and/or Workmen's Compensation Benefits are

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not entitled to any compensation under this section. (Doctors' releases
for returning to work are not considered physical examinations and will
not be paid under this section.)

(k) The Company will comply with State and Federal regulations concerning
interlock operations. In addition, when conditions warrant, the Company
will have two burners present when safety interlocks are not in
operation.

The Company will pay the cost of independent lab tests when requested by
the Union, however, the maximum payment by the Company for these tests
shall be limited to $1,000 in any calendar year.

ARTICLE XV

MILITARY SERVICE

(a) The Company and the Union shall comply with the Universal Military
Training and Service Act of l950, as amended.

(b) Active employees with one (1) year seniority and who are in the Reserve
of any branch of the military service, including the National Guard, who
are required to attend a summer encampment as part of their Reserve
obligation, shall receive from the Company the difference between the
amount of pay received for such summer encampment and his regular
straight time hourly rate of pay for up to a maximum of two (2) weeks per
calendar year.

ARTICLE XVI

SUPPLEMENTAL UNEMPLOYMENT BENEFIT PLAN

(a) The Company agrees to pay out of its funds (and not out of the Trust Fund
established under Article III of the Plan) benefits in amounts equal to
those provided by Section 2 of Article VIII of the Plan upon termination
of employment on or after May 1, 1965, after an employee (as defined in
Section 6, Article II of the Plan) is sixty-five (65) years old, provided
such employee is not eligible for a pension under the current Pension
Plan for Hourly Employees of the Company.

ARTICLE XVII

SUBCONTRACTING

(a) The Company will not contract for production or maintenance work
customarily performed by its own employees unless it is more economical,
expeditious, and/or efficient to do otherwise.

(b) The Company may enter into contract arrangements for obtaining raw
materials, semi-finished or finished products.

(c) Notwithstanding the above, the Company will not contract or subcontract
work covered by Paragraphs (a or (b) above if it will directly result in
the, 1. laving off of (or failure to recall) bargaining unit employees,
or 2. the reduction of hours of bargaining unit employees below 40 hours
a week; or 3. reduction of employees to a lower rated classification.

(d) Further (a), (b) and (c) above does not apply to new construction or to
construction involved in major modification work.

(e) The Company agrees to notify the Local Union in writing with a copy to
the International or District Representative who services the Local
Union, sent by registered mail, at least fourteen (14) days in advance if
reasonably possible, and to meet with the Union, upon request by the
Union, for explanation of the reasons causing the Company to decide to
contract any production and maintenance work. The parties agree that
while notification is an important part of the working relationship
between the parties and should be adhered to in order to reduce the
number of disputes concerning sub-contracting the parties also recognize
and agree that this Section of the Contract does not require any penalty
when the Company fails to give proper written notice of its intention to
sub-contract.

ARTICLE XVIII

WORK PRACTICES

The Company will provide training for one laborer when xxxxxxx requirements of
the plant provide ample resources to man required operational jobs.

(a) The following rules shall govern the training of laborers for the purpose
of filling vacancies.

(1) Management will, one week in advance, announce and post the job for
which training will be provided.

(2) Laborers must notify the Company, starting with the senior laborer,
of their intent to accept the training in 1 above. If no one
applies, the junior laborer may be required to train.

(3) Management will determine the number of laborers who will be trained
for each classification.

(4) Management will determine the classifications for which laborers
will be trained for the purposes of filling vacancies.

a. Management will attempt to balance the number of jobs the
laborers are to be trained in.

(5) The Company shall, before offering training in any job higher than
bracket nine (9), to a laborer hired after 10/1/77, give the
laborers hired prior to 10/1/77 the opportunity to train for a job
higher than bracket nine (9) subject to the following conditions:

a. The opportunity must be offered in order of seniority.

b. The laborer shall have the choice of accepting or rejecting the
training.

(6) During the time when temporary summer laborers are working at the
plant, the following rules shall apply when training is offered to
the Labor Department for the purpose of filling vacancies:

a. Permanent laborers must accept training for purposes of filling
vacancies. They shall be selected by canvassing the labor crew in
order of seniority.

If no permanent laborers voluntarily accept the training, the
least senior one is compelled to do so.

b. Temporary summer laborers can be used to fill vacancies as long
as all permanent laborers are already working in that capacity.

(7) During the transition period before an additional packing crew is
put on or taken off, it is recognized that a reasonable amount of
overtime will be required. The Company will secure as much
information from sales as possible so that this overtime can be held
to a minimum and the addition of or removal of a shift is consistent
with a continuing increase or decrease in package business.

(8) It is understood and agreed to by the Local Union No. 173 and the
Local Management at the Medusa Wampum Plant that the amount of
overtime that an employee has been charged is not a factor that
Management must consider when it is making a choice as to who will
be scheduled to work on a holiday or premium hours other than
overtime hours.

This means that the equalization of overtime is not a controlling
factor over, and has no connection with, which employee is asked to
work hours that are to be paid for at a premium rate. Contractual
distribution of overtime requirements will be followed in all
overtime cases.

(9) Production Utility shall be considered a classified employee for
overtime purposes on the day he fills each classification. Once one
of these classifications is exhausted on any other day, than those
where he fills in, he would be eligible for overtime before going
into the department.

(10) If an employee's job requires a drivers license and he loses said
license, said employee shall return to the laborer crew at labor
rate with all rights and privileges of a Laborer.

(11) The Company will maintain all Plant restrooms in a clean and orderly
condition. This work will be assigned to a Mill Janitor and/or
Laborer as required.

ARTICLE XIX

MISCELLANEOUS

(a) The Company will enter into a Union label agreement for the Company's
package products.

(b) Any hand tool that the employee uses in the performance of his job duties
will be replaced in the event that the tool is rendered not usable during
the course of the employee's work. The tool must be presented to the
Company prior to replacement.

(c) The normal time for distribution of pay checks to all employees shall
begin with the start of the day shift every other Friday, except that
Quarry employees and any employee starting the second shift will receive
his pay check on the Thursday preceding the normal pay day.

(d) Gloves will be made available for purchases to employees at cost on a
cash basis.

(e) When the Company decides that an interview between the Company and an
employee regarding job qualification is to be conducted, a Committeeman
chosen by the Company will attend the interview for the purpose of
affirming that said interviews are conducted with a reasonable degree of
uniformity.

(f) Printing of Agreement - The Basic, Supplemental, Pension, S.U.B. and
Insurance Agreements will be printed at Company expense and each copy
will bear the Union label. The Company will provide each local with a
supply of the booklets.

ARTICLE XX

TERM OF AGREEMENT

(a) This Agreement shall be binding upon the parties hereto, their
successors, administrators, executors and assigns. In the event of the
sale or lease by the Company of the Wampum Plant, or in the event the
Company is taken over by sale, lease, assignment, receivership, or
bankruptcy proceedings, such operation shall continue to be subject to
the terms and conditions of this Agreement for the life thereof. The
Company shall give notice of the existence of this Agreement to any
purchaser, lessee, or assignee of said plant. Such notice shall be in
writing with a copy to the Union not later than the effective date of the
sale.

(b) After ratification by the members of the Local Union, this Agreement
shall become effective and remain in full force and effect and be binding
upon the parties hereto from May 1, 1996 to and including April 30, 1999,
and it shall continue in full force and effect thereafter from year to
year until either party on or before March 1st, of any year, beginning
March 1, 1999, gives written notice to the other party of its desire or
intention

44
45

either to alter or modify or to terminate the same. If such notice is
given, the parties hereto shall begin negotiations not later than March
31st in such year and this Agreement shall continue in full force and
effect until completion and signing of a new Agreement, provided,
however, that after such negotiations have continued without reaching an
agreement until May 1st, in any year, then either party may terminate
this Agreement, at any time thereafter upon notice.

(c) The written notices set forth above by either party shall contain any
changes or amendments desired, and only such changes or amendments as are
contained in the two (2) written notices shall be discussed by the
conferees,

(d) The proposals and counter proposals made by each party shall not be used,
or referred to, in any way during or in connection with the arbitration
of any grievance arising under the provisions of this Agreement.

MEDUSA CEMENT COMPANY
Division of Medusa Corporation

--------------------------------------------

UNITED CEMENT, LIKE , GYPSUM AND
ALLIED WORKERS DIVISION, LOCAL
173

---------------------------------------------

INTERNATIONAL UNION

---------------------------------------------

APPENDIX "A"

JOB CLASSIFICATIONS AND WAGE RATES - WAMPUM PLANT

BRACKET JOB TITLE 5/1/96 5/1/97 5/1/98
------- --------- ------- ------- -------

1 Utility Janitor $ 13.86 $ 14.41 $ 14.96
2 * Laborer 14.02 14.77 15.32
3 - 14.18 14.73 15.28
4 - 14.34 14.89 15.44
5 Unloading Attendant 14.50 15.05 15.60
6 - 14.66 15.21 15.76
7 - 14.82 15.37 15.92
8 Storekeeper 14.98 15.53 16.08
*10 Painting 15.30 15.85 16.40
11 Lubeman A 15.46 16.01 16.56
Maintenance
12 Physical Chemist 15.62 16.17 16.72
Pack & Load

13 Equipment Operator 15.78 16.33 16.88

14 Mix Chemist 15.94 16.49 17.04
Truck Mechanic A
Utility Chemist
Repairman A
Production Utility
Quarry Mechanic A
Quarry Specialist
Process Control/Maintenance
15 Rotating Repairman A 16.10 16.65 17.20

16 Machinist A 16.26 16.81 17.36
Instrumentman A
Electrician A
Mechanic Leader
17 - 16.42 16.97 17.52
18 Electrical Leader 16.58 17.13 17.68
Instrument Leader -
19 Control Room Operator 16.90 17.45 18.00

*(1) Painting - Rate purposes only
(Bracket 1O)

(2) The loader used to load stone into trucks at the quarry face will be placed
in Bracket 15 for pay purposes only and without precedence for any other
classification in the job evaluation program.

* Laborer*

Laborers hired after the date of ratification shall be paid in accordance
with the following schedule:

Year 1 Year 2 Year 3
------ ------ ------

New Hire Rate $ 8.55 $ 9.10 $ 9.65
I 61st day worked $ 9.05 $ 9.60 $10.15
II 6 months after D.O.H $ 9.55 $10.10 $10.65
III 1 year after D.O.H $10.31 $11.07 $11.83
IV 2 years after D.O.H. Current Labor Rate

APPENDIX A (1)

SENIORITY LIST
Wampum AS OF 08/01/96

NAME DATE HIRED
---- ----------

Xxxxxx, Xxxxxx X. 02/29/56
Xxxxxx, Xxxxxx X. 05/27/63
Xxxxxxxx, Xxxxxx X. 06/11/65
Xxxxx, Xxxxxxx 04/16/66
Xxxxxx, Xxxxxxx X. 05/10/66
Xxxxxxx, Xxxxxxx X. 05/01/67
Xxxxxxx, Xxxx X. 08/30/67
Xxxxxx, Xxxxxxxx X. 04/17/68
Xxxxxxxx, Xxxxx X. 04/29/68
Xxxxxxxx, Xxxxxx X. 05/21/68
Xxxxxx, Xxxxxx 05/27/68
XxXxxxxx, Xxxxx X. 06/17/68
Xxxxxx, Xxxxx X. 03/10/69
Xxxxxxxxx, Xxxx W 03/17/69
Xxxxxx, Xxxxxx A 05/01/69
Xxxxxx, Xxxxxxxx X. 05/12/69
Xxxxxx, Xxxxxxx X. 05/19/69
Xxxxxx, Xxxxx X. 07/21/69
Xxxxxxxxxxx, Xxxxxx 03/30/70
Xxxxxx, Xxxxxx Xx. 04/01/70
Xxxx, Xxxx X. Xx. 04/13/71
Xxxx, Xxxxxx X. 04/13/71
Xxxxxxxxx, Xxxxxx X. 04/15/71
Xxxxxxxx, Xxxxx X. 04/15/71
Xxxxxxx, Xxxxxx X. 04/16/71
Xxxxxx, Xxxxxxx X. 04/16/71
Valentino, Xxxxxxx Xx. 04/16/71
Xxxxxxxx. Xxxxx 04/19/71
Xxxxx, Xxxxxx 04/19/71
Xxxxxxxxx, Xxxxxxx X. 04/19/71
Xxxxxxx, Xxxxxx X. 04/19/71
Xxxxx, Xxxxxx X. 04/19/71
Xxxxx, Xxxxxx 0. 05/05/71
Xxxxxxxx, Xxxxxx X. 05/17/71

NAME DATE HIRED
----- ----------

Xxxxxx, Xxxxxx 06/07/71
Kravos, Xxxx XXX 06/07/71
Xxxxxxxx, Xxxxxx X. 08/23/71
Xxxxxx, Xxxxxxx X. 08/30/71
Xxxxx, Xxxxxxx X. 10/12/71
Guy, Xxxxx X. 10/13/71
Xxxxx, Oval E. 09/18/72
Xxxxxxx, Xxxx 09/25/72
Xxxxxxxxx, Xxxx X. 11/13/72
Xxxxxx, Xxxxxxx Xx. 07/30/73
Xxxxxx, Xxxx X. 07/30/73
Xxxxx, Xxxxxxxxx 08/06/73
Xxxx, Xxxxx X. 09/17/73
Xxxx, Xxxxxxx X. 09/17/73
Xxxxxxxx, Xxxxxx X. 09/24/73
Smialowski, Xxxx Xx. 09/24/73
Xxxxx, Xxxxxx X. 10/01/73
Babel, Xxxxxx X. 04/29/74
Xxxxxx, Xxxxxx X. 04/29/74
Xxxxxx, Xxxxxxxx X. 04/29/74
Xxxxxxxx, Xxxx 04/29/74
Xxxxx, Xxxxxxxx 09/16/74
Xxxxxxxx, Xxxxxx 10/11/77
Xxxx, Xxxx 03/20/78
Xxxxxx, Xxxx 03/20/78
Xxxxx, Xxxxxxx 03/27/78
Xxxxx, Xxx 03/27/78
Xxxxx Xxx 04/03/78
Xxxxx, Xxxx 04/17/78
Xxxxx, Xxxxxx 05/22/78
Xxxxx, Xxxxxxx 08/21/78
Xxxxxxxxx, Xxxxx 08/23/78
Xxxxxxxxx, Xxxxxx 08/28/78
Xxxxxxx, Xxxxxx 08/28/78
Xxxxxxxxx, Xxxxxx 08/28/78
Xxxxx, Xxxxxxx 08/28/78
Xxxxxxx, Xxxxxx Xx. 09/18/78
XxXxxxxxxx, Xxxxxx 09/l9/78
Xxxx, Xxxxxxx Xx. 09/20/78
Xxxxxxx, Xxxxxx 03/12/79
Xxxxxxx, Xxxxx 09/24/79
Xxxx, Xxxxxx 09/24/79
Xxxxxxxxx, Xxxxx 09/24/79
Xxxxxxxxx, Xxxxx 09/24/79
Xxxxxxx, Xxxxx 10/01/79
Xxxxxxx, Xxxxx 10/01/79
Xxxxxxx, Xxxxx 10/01/79
Xxxxx, Xxxxx 10/01/79
Xxxx, Xxxxxxx 10/01/79
Xxxxxxx, Xxxx 10/09/79

48
49

NAME DATE HIRED
---- ----------

Xxxxxxxxxx, Xxxxx 12/17/79
Xxxxxxxxx, Xxxxxx 12/17/79
Xxxxxx, Xxxx X. 12/17/79
Xxxxx, Xxxxx 12/17/79
Xxxxxxxxxx, Xxxx 12/17/79
Xxxxxxxx, Xxxxx 01/02/80
Xxxxxx, Xxxxxxx 01/02/80
Poland, Xxxxxx X. 09/03/85
Xxxxxxx, Xxxxxx 06/02/86
Xxxxxx, Xxxxx 06/02/86
Xxxx, Xxxxx 06/02/86
Xxxxxxxx, Xxxx 06/02/86
Xxxxxxx, Xxxxxxx X. 06/02/86
Xxxxxx, Xxxxx 06/02/86
Xxxxx, Xxx 06/02/86
Xxxxxxx, Xxxxx 06/02/86
Xxxxxxxx, Xxxxx Xx. 06/18/87
Xxxxx, Xxxx X. 06/08/87
Xxxxxx, Xxxxxx 06/08/87
Xxxxx, Xxxxxxx Xx. 06/08/87
Xxxxxxx, Xxxxxxxxx 06/08/87
Colundrello, Xxxxxxxxx Xx. 08/12/87
Xxxxxx, Xxxxxx X. 08/12/87
Xxxx, Xxxxx X. 08/12/87
Xxxx, Xxxx X. 03/13/88
Xxxxxxx, Xxxxxx Xx. 06/13/88
Xxxxxxxx, Xxxxx X. 06/13/88
Sklenchar, Xxxxxx X. 06/13/88
Xxxxx, Xxxxxxx X. 10/02/89
Xxxxxx, Xxxxxxxx X. 10/02/89
Xxxxxxxxx, Xxxxxxx X. 10/02/89
Xxxxxxx, Xxxxx X. 04/22/91
Xxxxx, Xxxxxxx X. 04/22/9l
XxXxxxxx, Xxxxxxx X. 04/22/9l
Xxxxxx, Xxxxxxx X. 04/22/91
Xxxxxx, Xxxxx X. 04/30/9l
Xxxxxxxx, Xxxxxx X. 09/21/92
Xxxxx, Xxx X. 09/21/92
Xxxxxxx, Xxxxxx X. 09/21/92
Xxxxxxxxx, Xxxxxxx X. 09/21/92
Xxxxxxxxx, Xxxxxx X. 09/21/92
Xxxxxx, Xxxxx CL. 09/28/92
Sysmosko, Xxxx 01/04/93
Xxxxx, Xxxx X. 05/10/93
Xxxxxxxx, Xxxxx 05/10/93
Xxxxxx, Xxxxxx 05/10/93
Xxxxxx, Xxxxxx X. 09/27/93
Herb, Xxxxxx X. 09/27/93
Xxxxx, Xxxxxxx 09/27/93
Xxxxxxx, Xxxxxxx X. 10/04/93
Xxxxx, Xxxx X. 10/04/93

APPENDIX B
BURNING - GRINDING SCHEDULE

SCHEDULES ARE SUBJECT TO CHANGE PURSUANT TO ARTICLE VII(b)

SHIFT S M T W T F S S M T W T F S S M T W T F S S M T W T F S
7:00- 3:00 2 25 1 1 1 1 1 1 25 2 2 2 2 2 2 25 3 3 3 3 3 3 25 4 4 4 4 4
3:00-11:00 3 3 3 4 4 4 4 4 4 4 1 1 1 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3
11:00- 7:00 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 4 4 4 1 1 1 1 1 1 1 2 2

SHIFT S M T W T F S S M T W T F S S M T W T F S S M T W T F S
7:00- 3:00 11 5 5 6 6 25 6 6 7 7 7 7 26 7 7 9 9 9 9 25 9 9 11 11 11 11 25 11
3:00-11:00 9 9 9 11 11 11 11 11 11 11 5 5 6 5 6 6 5 7 7 7 7 7 7 7 9 9 9 9
11:00- 7:00 7 7 7 7 7 9 9 9 9 9 9 9 11 11 11 11 11 11 11 5 5 5 5 5 5 5 7 7

SHIFT S M T W T F S S M T W T F S S M T W T F S S M T W T F S
7:00- 3:00 12 6 6 6 25 6 6 6 8 8 8 36 9 8 8 10 10 10 25 10 10 10 12 12 12 25 12 12
3:00-11:00 10 10 10 12 12 12 12 12 12 12 6 6 6 6 6 6 6 8 8 8 8 8 8 8 10 10 10 10
11:00- 7:00 6 8 8 8 8 10 10 10 10 11 10 10 12 12 12 12 12 12 12 6 6 6 6 6 6 6 6 8

SHIFT S M T W T F S S M T W T F S S M T W T F S S M T W T F S
7:00- 3:00 16 12 13 13 13 13 13 13 - 14 14 14 14 14 14 - 15 15 15 15 15 15 - 16 16 16 16 16
3:00-11:00 15 15 15 16 16 16 16 16 16 16 13 13 13 13 13 13 13 14 14 14 14 14 14 14 15 15 15 15
11:00- 7:00 14 14 14 14 14 15 15 15 15 15 15 15 15 15 16 16 16 16 16 13 13 13 13 13 13 13 14 14

SHIFT S M T W T F S S M T W T F S S M T W T F S S M T W T F S
7:00- 3:00 23 17 25 17 17 17 17 17 19 25 19 19 19 18 19 21 25 21 21 21 21 21 23 25 23 23 23 23
3:00-11:00 21 21 21 23 23 23 23 23 23 23 17 17 17 17 17 17 17 19 19 19 19 19 19 19 21 21 21 21
11:00- 7:00 19 19 19 19 19 21 21 21 21 21 21 21 23 23 23 23 23 23 23 17 17 17 17 17 17 17 19 19

SHIFT S M T W T F S S M T W T F S S M T W T F S S M T W T F S
7:00- 3:00 24 18 18 25 18 18 18 16 20 20 25 20 20 20 20 22 22 25 22 22 22 22 24 24 25 24 24 24
3:00-11:00 22 22 22 24 24 24 24 24 24 24 18 18 18 18 18 18 18 20 20 20 20 20 20 20 22 22 22 22
11:00- 7:00 20 20 20 20 20 22 22 22 22 22 22 22 24 24 24 24 24 24 24 18 18 18 18 18 18 18 20 20

KEY JOB KEY JOB KEY JOB
NUMBER JOB NUMBER JOB NUMBER JOB
------- ---- ------ --- ------- ----

1 Control Room Operator 10 Rotating Repairman A 18 Process Control Maint.
2 Control Room Operator 11 Rotating Repairman A 19 Process Control Maint.
3 Control Room Operator 12 Rotating Repairman A 20 Process Control Maint.
4 Control Room Operator 13 Equipment Operator 21 Process Control Maint.
5 Rotating Repairman A 14 Equipment Operator 22 Process Control Maint.
6 Rotating Repairman A 15 Equipment Operator 23 Process Control Maint.
7 Rotating Repairman A 16 Equipment Operator 24 Process Control Maint.
8 Rotating Repairman A 17 Process Control Maint. 25 Production Utility
9 Rotating Repairman A

LABORATORY SCHEDULE

SHIFT S M T W T F S S M T W T F S S M T W T F S S M T W T F S

8:00-4:00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
8:00-4:00 2 2 2 2 2 2 2 2 2 2 2 2
8:00-4:00 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3

SHIFT S M T W T F S S M T W T F S S M T W T F S S M T W T F S
7:00- 3:00 6 6 6 6 2 6 4 4 4 4 4 2 4 5 5 5 5 5 2 5 7 7 7 7 7 2 7 6
3:00-11:00 6 6 7 7 7 7 7 7 7 6 6 6 6 6 6 6 4 4 4 4 4 4 4 5 5 5 5 5
11:00-7:00 4 4 4 4 5 5 5 5 5 5 5 7 7 7 7 7 7 7 6 6 6 6 6 6 6 4 4 4

KEY JOB KEY JOB KEY JOB
NUMBER JOB NUMBER JOB NUMBER JOB
------- ---- ------ --- ------- ----

1 Utility Chemist 3 Physical Chemist 5 Mix Chemist
2 Utility Chemist 4 Mix Chemist 6 Mix Chemist
7 Mix Chemist

APPENDIX B
SCHEDULES ARE SUBJECT TO CHANGE PURSUANT TO ARTICLE VII(b)

PACKHOUSE MAINTENANCE
--------- -----------
MONDAY through FRIDAY MONDAY through FRIDAY
8:00 a.m. to 4:00 p.m. 7:00 a.m. to 3:00 p.m.
8 - Pack & Loader 11 - Repairman A

PACKHOUSE MAINTENANCE
--------- -----------
MONDAY through FRIDAY MONDAY through FRIDAY
4:00 p.m. to 12 midnight 7:00 a.m. to 3:00 p. m.
7 - Pack & Loader 2 - Lube Man
1 - Machinist
1 - Storekeeper

PACKHOUSE MAINTENANCE
--------- -----------
TUESDAY through SATURDAY MONDAY through FRIDAY
7:00 a.m. to 3:00 p.m. 8:00 a.m. to 4:00 p.m.
5 - Repairman A 1 - Mechanic Leader
1 - Lube Man 2 - Truck Mechanic A
1 - Electrician A

PACKHOUSE MAINTENANCE
--------- -----------
MONDAY through FRIDAY MONDAY through FRIDAY
3:00 p.m. to 11:00 p.m. 4:00 p. m. to 12 midnight
7 - Repairman A 1 - Truck Mechanic A
2 - Electrician A

MAINTENANCE
------------
MONDAY through FRIDAY
7:00 a.m. to 3:00 P.M.
1 - Electrical Leader
2 - Electrician A
1 - Instrument Leader
2 - Instrument Man

APPENDIX B
SCHEDULES ARE SUBJECT TO CHANGE PURSUANT TO ARTICLE VII(b)

TRANSPORTATION TRANSPORTATION
-------------- --------------
MONDAY through FRIDAY MONDAY through FRIDAY
8:00 a.m. to 4:00 p.m. 4 p.m. to 12 midnight
2 - Unloading Attendant 2 - Unloading Attendant
1 - Equipment Operator 1 - Equipment Operator

LABOR DEPARTMENT QUARRY
---------------- ------
MONDAY through FRIDAY MONDAY through FRIDAY
7:00 a.m. to 3:00 p.m. 7:00 a.m. to 3:00 p.m.
Laborers 2 - Quarry Spec. - Crusher
3 - Equipment Operator 2 - Quarry Spec. - Truck Driver "B"
3 - Quarry Spec. - Blaster/Driller/Utility
1 - Quarry Spec. - Loader Operator

QUARRY QUARRY
------ ------
MONDAY through FRIDAY MONDAY through FRIDAY
6:00 a.m. to 2:00 p.m. 4:00 p.m. to 12 midnight
1 - Quarry Mechanic 1 - Quarry Mechanic

QUARRY
------
MONDAY through FRIDAY
3:00 p.m. to 11:00 p.m.
1 - Quarry Spec. - Loader Operator
1 - Quarry Spec. - Blaster/Driller/Utility
2 - Quarry Spec. - Crusher
2 - Quarry Spec. - Truck Driver "B"

APPENDIX C

JOB SECURITY

DEPARTMENT DEFINITIONS FOR BUMPING

LABORERS STONE PACKHOUSE
-------- ----- ---------
Janitor Unloading Attendant Pack & Loader
Laborer
Storekeeper
Equipment Operator

MECH. MAINT. MILL OPERATING LABORATORY
------------ -------------- ----------
Lubrication Man A Process Control Main. Physical Chemist
Repairman A Production Utility Mix Chemist
Machinist Rotating Repairman A Utility Chemist
Control Room Operator

ELEC. - INST. QUARRY
------------- -------
Electrician A Truck Driver "B" - Quarry Spec.
Instrument Man Crusher Attendant - Quarry Spec.
Electrical Leader Blaster/Driller/Utility - Quarry Spec.
Instrument Leader Loader Operator - Quarry Spec.

MOBILE EOUIP. MAINT.
--------------------
Truck Mechanic A
Quarry Mechanic
Mechanic Leader

APPENDIX D

JOBS NORMALLY FILLED

(a) Providing the Company determines that sufficient work is available, it
will normally fill the following jobs on a daily and weekly basis:

Janitor Utility Chemist
Unloading Attendant Production Utility
Storekeeper Quarry Specialist
Lubrication Maintenance Process Control Maintenance
Physical Chemist Rotating Repairman A
Pack & Loader Control Room Operator
Equipment Operator
Mix Chemist

(b) The balance of the classifications are filled as circumstances require
and as necessary to maintain the efficient operation of the Plant.

APPENDIX E

EXAMPLES OF WORK SCHEDULE CLAUSE

The new work schedule clause is a significant change from the past practices at
the Wampum Plant. The new work schedule clause gives the Company the right to
change an employee's work schedule any time. If the change is made no later
than the end of the first shift on Thursday for the following week there is no
premium. If the work schedule change is made after the first shift on Thursday
for the following week, there is a premium.

EXAMPLE An employee normally works Monday through Friday from 7:00 a.m. to 3:00
p.m. Prior to the end of the first shift on Thursday, the employee is notified
that he will work Tuesday through Saturday from 3:00 p.m. to 11:00 p.m. the
following week. All hours the following week are paid at straight time. There
is no schedule change premium.

EXAMPLE Instead of being notified before the end of the first shift on
Thursday, the employee is told on Sunday that he will work Tuesday through
Saturday from 3:00 p.m. to 11:00 p.m. The eight hours worked on Tuesday are
paid at time and one half (1.5), the additional one-half time representing the
schedule change premium. All other hours worked during the week (Wednesday
through Saturday) are paid at straight time.

EXAMPLE An employee is scheduled to work Monday through Friday from 3:00 p.m.
to 11:00 p.m. On Tuesday, the employee is told that he will work from 3:00 p.m.
to 3:00 a.m. on Wednesday. This is not a schedule change. He is paid on
Wednesday as follows: First eight hours ace paid at straight time and the last
four hours are paid at time and one-half, the additional one-half tine
representing hours worked in excess of eight hours in the workday. A schedule
change takes place only when an employee is directed to work new hours in place
of, but not in addition to, his old hours.

This letter sets forth examples which illustrate various applications of the
work schedule clause as it will be applied at Wampum.

Those examples involving the filling of a vacancy assume the Company has
determined that sufficient work is available and that the vacancy must be
filled.

Examples

1. Situation

Packhouse Pumpman quits Monday 6:00 p.m. How do we fill this example?

Options

Do not fill on Monday night, overtime in the classification is used on
Tuesday, Laborer with schedule change premium on Wednesday, and same
Laborer with straight time Thursday and Friday.

2. Situation

During the hot summer months, Repairmen are going to be required on the
No. 1 Kiln Discharge Pier for two (2) weeks, and working conditions will
be poor.

Options

Change 4 - Repairman "A" on 8:00 a.m. - 4:30 p.m. to 6:00 a.m. to 2:30
p.m. No work schedule change premium when change posted on Thursday.

3. Situation

Front-End Loader is loading stone on first two shifts and bucket needs
extensive welding for five (5) days.

Options

Change the schedule of two (2) 8:00 a.m. to 4:30 p.m. Repairmen to work
Monday through Friday 11:30 p.m. to 8:00 a.m. No work schedule change
premium when change is posted on Thursday.

4. Situation

Must resurface road from tipple to plant and work will be done on day
shift only but road will be passable on second and third shift.

Options

Schedule all people involved from Stone Shovel to Unloader "B" from an
8:00 a.m. - 4:00 p.m. schedule to midnight to 8:00 a.m. No work schedule
change premium is involved when the change is posted on Thursday.

5. Situation

On Wednesday during the middle of a bumping chain, we realize that the
bumping will not be completed so that all moves can be made at the start
of the week.

Options

The chain is stopped - creating a vacancy in the Operating Utility's
classification. The Thursday posting will show a Laborer filling in the
Operating Utility's job during the following week. No work schedule
change premium is involved.

6. Situation

Have (4) Regrind Millers working a rotating 20 shift Sunday through
Saturday schedule. During the months of December through April, Type III
Shipments require 15 shifts of regrind operation.

Options

Curtail a Regrind Millers job for four (4) months and require three (3)
Regrind Millers to work a rotating fifteen (15) shift schedule. At the
end of four (4) months, revert to the rotating twenty (20) shift
schedule. No work change premium.

7. Situation

Rod mill needs relining and job is to start Tuesday morning and worked on
around the clock. How to schedule men?

Options

Schedule three (3) 4:00 p.m. - 12:30 a.m. Repairmen to 11:30 p.m. - 8:00
a.m. on Tuesday, Wednesday and Thursday and back on their regular
schedule on Friday. Pay would be Tuesday - schedule change premium;
Wednesday, Thursday, Friday would be at straight tine.

8. Situation

Duplication of above, but the job runs over one (1) extra day and the
Repairmen must work 11:30 p.m. to 8:00 a.m. on Friday, also.

Options

Pay for Friday would be at schedule change premium because this would be
second change in same week.

9. Situation

Emergency brick job on Thursday and Friday and job is worked around the
clock.

Options

Schedule four (4) Repairmen to work 11:30p.m. - 8:00 a.m. Thursday and
Friday. Pay on Thursday would be at schedule change premium and Friday at
straight tine.

10. Situation

Repairmen who works 8:00 a.m. - 4:30 p.m. Monday through Friday requests
Monday off for doctors appointment and all Repairmen are needed that
week.

Options

Thursday posting would change said Repairman's schedule to Tuesday
through Saturday and a Tuesday through Saturday Repairman to Monday
through Friday. No schedule change premium applies.

11. Situation

Newly awarded Dozer Operator need to be trained on job. His schedule is:

S M T W T F S
11-7 11-7 11-7 11-7 11-7 OFF OFF

Company wants other Dozer Operator to train new man and trainees schedule
is:

S M T W T F S
7-3 OFF OFF 3-11 3-11 3-11 3-11

Options

On Thursday posting, move new man to trainers schedule and qualified
laborer to new man's schedule. No schedule change premium applies.

12. Situation

Will the Company schedule the same 8:00 a.m. to 4:30 p.m. Repairmen to
work 11:30 p.p. to 8:00 a.m. every other week solely to provide permanent
routine repair coverage at night, and call the change temporary rather
than permanent?

Options

No.

13. Situation

Will the Company post a schedule on Thursday which schedules a Pumpman to
work Monday through Friday from 8:00 a.m. to 4:30 p.m. and subsequent to
posting, tell the Pumpman that his schedule is Monday, Wednesdays,
Thursday and Friday? No day it substituted for Tuesday. The Pumpman is
scheduled and works thirty-two (32) hours at straight tine.

Options

The Company does not intend to use the work schedule clause in the manner
describe above.

14. Situation

The Company plans to reschedule an employee to work hours other than his
normal hours the following week. The employee has made personal plans
that will conflict with the hours the Company plans to reschedule the
employee and which, if canceled, would work a hardship on the employee.
There is another employee qualified to perform the same work. The
employee asks the Company to reschedule the other employee rather than
him explaining to the Company the conflict with his personal plans. The
change front one employee to another employee will not cause the Company
to incur any penalty or premium. Will the Company make every effort to
comply with the employees request?

Options

Yes.

58
59

15. Situation

The Company determines that around-the-clock repair work on the kiln is
necessary. The Company estimates that tile work will take four (4) weeks
and some first (1st) shift Repairmen and some second (2nd) shift
Repairmen will be scheduled to work the third (3rd) shift to provide
around-the-clock coverage during the kiln repair. Will the Company rotate
repairmen to perform the required work so that the same repairmen are not
rescheduled for all four weeks?

Options

The Company is willing to rotate Repairmen into the schedule required for
the above work provided sufficient qualified men are available.

16. Situation

An employee is scheduled to work Monday through Friday from 3:00 p.m. to
11:00 p.m. On Tuesday, the employee is told that he will work from 3:00
p.m. to 3:00 a.m. on Wednesday.

Options

This is not a schedule change. He is paid on Wednesday as follows: First
eight (8) hours are paid at straight time and the last four (4) hours are
paid at time and one-half, the additional one-half time representing
hours worked in excess of eight (8) hours in the work day. A schedule
change takes place only when an employee is directed to work new hours in
place of, but not in addition to his old hours.

The above examples are not all inclusive of every occasion when schedules may
be changed.

In addition, the method of filling vacancies in the examples are not intended
to imply that these are the only methods of filling vacancies or that the
option used in a particular example is the method the Company is required to
use.

APPENDIX F

EXAMPLES OF PROMOTION CLAUSE

Interpretation of Article VI(a): If there are no applicants or if there are no
applicants qualified to perform the work, the Company at its option (1) can
hire a new employee who is qualified to perform the work for the vacant or new
job, or (2) can award the job to the laborer with the least seniority and train
the labors except that in the case of any vacant or new job that requires
nominal on-the-job training (jobs other than skilled jobs), the company intends
to award the job to an applicant rather than hire a new employee. This
statement of intent shall not limit the Company's right to disqualify the
employee if the employee fails to perform all of the duties of the job within a
reasonable period of time.

Interpretation of Article VI (d): Xxxx Xxxxx bids for and is awarded on January
2, 1975 a Packer's job that normally is scheduled to work 12:00 noon to 8:30
p.m. Monday through Friday.

The Packer's job that normally is scheduled to work 7:00 a.m. to 3:30 p.m.
Monday through Friday becomes vacant and is posted for bids on April 15, 1975.

Xxxx Xxxxx can bid on this job if his sole reason for bidding is to work hours
that normally ace different.

Another example of Article VI (d): The Company will consent to bidding from a
job that normally is a rotating shift job to the same job that normally is a
fixed shift job if the sole reason is to work hours that are normally
different.

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APPENDIX G

PANEL DECISIONS - MAY 14 AND 15, 1974 PANEL MEETING

TO: X.X. Xxxxxxxx
P.H. Xxxx
X. Xxxxxxxx, President Local No. 173
X. Xxxxxx, Xx., Recording Sec'y Local No. 173

FROM: X. Xxxxxxx, Xx.
X.X. Xxxxxxxx

GRIEVANCE #7

Facts - The Company posted second shift laborer jobs to perform winter
maintenance. On the bids it stated that the jobs were required for only the
extent of the winter maintenance and upon completion of the program, the jobs
would be eliminated, there would be no 95% rate protection and the incumbents
would have bumping rights. Upon completion of the work, the employees were
directed to return to day shift laborer jobs or other jobs which they bumped
to.

Issue - Did the Company violate the contract by not posting a notice in
advance of the elimination and are the employees entitled to out-of-schedule
pay for the time worked after the jobs were eliminated?

Decision - The panel determined that each employee understood when he was
awarded the second shift laborer job that his job would be terminated when the
winter maintenance program was completed. Under these circumstances, written
notice is not required by the labor agreement. The grievance, therefore, is
denied.

GRIEVANCE #8

Facts - A Mechanic Leader quit to find other employment. His job was posted
and eventually filled by a currently employed Mechanic "A". Because of changes
in the work load requirement, the Company did not rebid the repair "A" job and
left the job vacant.

Issue - Did the Company violate the contract by leaving the Repair "A"
vacant and not bidding the job?

Decision - The panel has decided that testimony regarding the elimination of
this job is conflicting and, therefore, directed the Company to officially
notify the Local Union within thirty days from this date whether the job has
been eliminated.

GRIEVANCE #9

Facts - A number or Repair "A" jobs were bid on the second shift. The Plant
Manages interviewed each candidate individually and over a period of time in
excess of thirty days.

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Issue - (1) Did the Company violate the contract by not immediately awarding
the job?

(2) Did the Company violate the contract by not having the full
Local Union present while these interviews took place?

Decision - (1) The panel decided that the contract does not establish any
time period within which the Company must act. While the panel believes that
the Company should act within a reasonable period of time, The panel does not
have the authority to establish a time period. This is a subject for contract
negotiations.

(2) The panel determined that the Plant Manager can interview
employees about their skill and ability without any Union representative
present during the interviews. However, the panel interprets the contract to
determine that the Plant Manager must meet with the Local Union before he
awards jobs to a junior employee on the basis of skill and ability 80 the Union
has an opportunity to discuss the qualifications of each and every bidder.
However, the panel points out that the Company makes the final decisions as to
whom the job is to be awarded and an unsuccessful bidder has the right to
challenge the Company's decision through the grievance procedure.

GRIEVANCE #10

Facts - on an overtime day the Company was using both a front end loader and
a bulldozer to push stone and coal around the unloading station. After ten
hours the dozer operator declined to work any further overtime and went home.
The front end loader operator was also unable to stay any further on that day.
The Company then had a quarry utility operator operate the front end loader for
the balance of the time necessary to push the stoat and coal.

Issue - Did the Company violate the contract by using the front end loader
to push coal rather than the bulldozes?

Decision - The panel determined that the Company has the right to use either
the dozer or the front end loader to push coal. The quarry utility operator was
present and it is within his job description to operate the front end loader.
There was no violation of the contract. Therefore, the grievance is denied.

GRIEVANCE #11

Facts - At 9:30 a.m. the xxxxxxx asked the grievant to work overtime from
4:00 p.m. to 8:00 p.m. The employee refused. The xxxxxxx made other arrangements
to fill the job. At 12:45 p.m. the grievant told the xxxxxxx that he had changed
his mind and that he could work. The grievant was made aware that the 4:00 p.m.
to 8:00 p.m. slot had already been filled, but he was offered the 8:00 p.m. to
12:00 a.m. slot. The employee declined to work the offered overtime.

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Issue - Did the Company violate the contract by not allowing the employee to
work the 4:00 p.m. to 8:00 p.m. overtime assignment?

Decision - The panel has decided that an employee who refuses overtime
cannot subsequently change his mind if the Company has made arrangements to
have another employee perform the work. The grievance is denied.

GRIEVANCE #12

Facts - The 4600 dragline crew was scheduled to work overtime on a Saturday
night. The grievant was to work overtime from 11:00 p.m. to 7:00 a.m. with the
dragline crew. In addition, he had been awarded a new job which would commence
at 7:00 a.m. on Sunday. Solely because he was beginning a new job on Sunday at
7:00 a.m., the Company changed the overtime assignment and only had the
employee work from 3:00 a.m. on Sunday and then his new shift 7:00 a.m. to 3:00
p.m. on Sunday.

Issue - Did the Company violate the contract by not working the employee the
hours he had been previously assigned to work?

Decision - Under these, particular circumstances, the panel has decided that
the employee is entitled to four hours overtime pay at the rate of his old job.

GRIEVANCE #13

Facts - On a Sunday there was need to push clinker in the covered clinker
storage area. The day shift dozer operator was a very experienced operator and
the second shift operator had only been on the job about two weeks. The
superintendent determined that on the particular day, the work assignment posed
special safety precautions and scheduled the experienced dozer operator to work
on that day.

Issue - Did the Company violate the contract by not working the grievant
overtime since he was the low man in overtime in that classification?

Decision - The panel has decided the Company is not required to equalize
overtime among employees holding the same job classification on a daily basis.
The Company is required only to equalize overtime "insofar as it is practical
to do so.

Evidence supported the Company's position that it was not practical to
equalize overtime in these circumstances because the employee with the fewest
number of overtime hours in the classification had been on the job for only two
weeks and the overtime assignment required work of a specialized nature which
had to be assigned to a more experienced operator. The grievance is denied.

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GRIEVANCE #14

Facts - There are two employees in the Truck Driver "C" classification. One
of the employees was called out on overtime on the day in question. The
grievant who was lowest man in overtime in the classification had already
worked twelve hours on that day and to have him perform the work would have
required the Company to work him over twelve hours.

Issue - Did the Company violate the contract by not working the employee who
was lowest in overtime on the day in question?

Decision - Again, the panel points out that the Company is not required to
equalize overtime on a daily basis, The employee with the fewest hours of
overtime had already worked overtime in the workday. The Company correctly
selected another employee for the callout. The grievance is denied.

GRIEVANCE #15

Facts - The Company performed repair work on the 4600 dragline on an
overtime day. Repairmen were used to perform this work.

Issue - Did the Company violate the contract by not having the 4600 Dragline
Operator and Xxxxxx perform the work in question?

Decision - The Company and the Union acknowledged that four different
classifications can perform repair work on the 4600 dragline: the Repairmen,
the Quarry Utility, the 4600 Operator and the 4600 Xxxxxx. The panel agreed
that under these circumstances the Company did not violate the Labor Agreement.

GRIEVANCE #16

Facts - On Friday night the transfer chain on the Xxxxxx No. 3 shovel came
off. The Operator and Xxxxxx put it back on. Three hours later the chain came
off again and it was the Company's determination that repair of a once
permanent nature must be made. The shovel was shutdown. On Saturday, two "A"
Repairmen made the necessary repairs.

Issue - Did the Company violate the Contract by not having the Shovel
Operator and Xxxxxx work on that Saturday to perform the repair work rather
than the Repairmen?

Decision - The panel has determined that the ruling in Grievance No. 15 is
also applicable in this instance. Repairman is one of the four classifications
which can and do perform repair work on the shovel. Therefore, the grievance is
denied.

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GRIEVANCE #17

Facts - Immediately prior to 3:00 p.m. the 7:00 to 3:00 shift began having
trouble with the coal feeding through the feeder in one of the kilns. The
xxxxxxx held over a day shift repairman for four hours and said he would call
out the other shift repairman, but then changed his mind and then held the
employee over for eight hours.

Issue - Did the Company violate the contract by holding the employee over
eight hours and not calling the off-man as had been the practice?

Decision - The panel determined that there was no violation of the contract,
however since the xxxxxxx said he would call out the off-shift repairman and
then proceeded not to, a four hour call-out is granted due to these particular
circumstances without precedent.

The panel further determined that the Local Union must assume the burden of
proof to show that the Company did not intend to divide overtime equally,
"insofar as it is practical to do so" among employees within the same job
classification by establishing a continuing pattern of assignment of overtime
to an employee other than the employee with the lowest overtime in the
classification without good cause.

The panel directs the Company and Local Union to meet to establish written
guidelines for the purpose of interpreting the language in the overtime section
which states "insofar as it is practical to do so." Such guidelines must
recognize that overtime is not required to be equalized on a daily basis, since
the contract does not require this. Therefore, the guidelines must recognize
that there are reasons for using an employee other than the lowest in overtime
on a particular day such as experience, skills, qualification, overtime already
worked on that particular day, etc.

GRIEVANCE #18

Facts - The grievant was asked earlier during the week of October 16th
whether he would work on Sunday, October 21st. The grievant declined. Later in
the week, the grievant was asked whether he would work Friday, October 19 and
Saturday, October 20th. The grievant declined to work either of these days but
he was not asked on this second occasion whether he would work on Sunday.

Issue - Did the Company violate the contract by not asking the employee to
work Sunday the second time when he was approached later in the work week and
asked to work Friday and Saturday?

Decision - The panel has decided that the grievant was offered overtime work
on each day in question and, therefore, the grievance is denied.

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GRIEVANCE #19

Facts - A Mix Chemist who was scheduled to work did nor report for work. The
Plant Chemist filled the vacancy by holding over the Mix Chemist who was
working the prior shift and calling out Mix Chemist working the next shift four
hours earlier rather than calling out the off-man which had been the normal
procedure.

Issue - Did the Company violate the contact by not calling out the off-man?

Decision - While there was no violation of the contact, the Plant Chemist
admitted that he did not follow the established procedure. Therefore, four
hours callout is granted without precedent for any future grievances. however,
the panel points out as it did in Grievance #13 and #17 that the Company is not
required to equalize overtime on a daily basis. The Union must prove that the
Company does not intend to divide overtime equally insofar as it is practical
to do so among employees within the same Job classification by establishing a
continuing pattern of assignment of overtime to an employee other than the
employee with the lowest overtime in the classification without good cause.
This principle shall control the disposition of all future cases until such
time as the Company and Local Union agree to reasonable guidelines mentioned in
grievance settlement No. 13.

GRIEVANCE #20

Facts - Two laborers assisted the 7400 Dragline Operator and the Xxxxxx in
cleaning out the tub of the dragline because of the substantial amount of
cleaning out work required.

Issue - Did the Company violate the contract by not paying the Laborers
Xxxxxx rate and not calling off-work Xxxxxx?

Decision - Because of the amount of work and the nature of the work
involved, the panel determined that under these circumstances there was no
violation of the contract. Grievance is denied.

APPENDIX H

PANEL DECISION - APRIL 22, 1974 PANEL MEETING

TO: X.X. Xxxxxxxx
P.H. Xxxx
X. Xxxxxxxx, Pres. Local No. 173
X. Xxxxxx, Xx., Recording Sec'y. Local No. 173

FROM: X. Xxxxxxx, Xx.
X.X. Xxxxxxxx

GRIEVANCE #1

Facts - Three Quarry Mechanics were told by the xxxxxxx that they were to
report for work one hour early each morning until further notice to start and
warm up the mobile equipment in the quarry including the shovel.

Issue - Did the Company violate the contract by not paying the Quarry
Mechanic a call-out?

Decision - The panel determined that the Quarry mechanics were not entitled
to a callout and that there was no violation of the contract. The panel decided
that the Company had the right under the contract to require that employees
report early on an "until further notice" basis and were not required to notify
them each day. The panel agreement on the "standing order" then makes the
Company in accord with Article VII (d. (3)) which specifically states that "if
an employee is notified before the end of his regular scheduled shift, it shall
not be considered a call-out." The panel determined also that the employees who
were reporting one hour early did not have their schedules changed. A schedule
change is defined as a notification by the Company to an employee that he will
be required to work one or more hours, shifts, and/or days, in place of but not
in addition to the regular schedule. The one hour the Quarry Mechanics worked
was in addition to their regular schedule, and therefore, was not a schedule
change.

GRIEVANCE #2

Facts - Because of a truckers strike of about two weeks, the Company did not
operate the second shift packhouse crew on a full production basis. The packing
crew was used elsewhere in the plant as needed.

Issue - Did the Company violate the contact by not giving them the right to
bump?

Decision - The panel determined that the Company did not violate the
contract by denying the employees the right to bump. It

was determined that an employees job is not eliminated until the Company
notifies him that his job has been eliminated and gives him a bump slip.

GRIEVANCE #3

Facts - The Plant Manager was measuring bolts on the new kiln mult-o-ring by
unscrewing the bolts and then replacing them and labeling them. There were no
bargaining unit employees with the Plant Manager at the time he was measuring
the bolts.

Issue - Was the Plant Manager performing bargaining unit work and,
therefore, violating the contract?

Decision - The Company violated the contract in the circumstances described
in this particular case. The Plant Manager should have had an hourly employee
with him who later would use this system which he was preparing and the hourly
employee should have physically measured the bolts. However, the panel decided
that this decision was without precedent for any other grievance since each
grievance under this contract clause must be taken on a case-by-case basis .

Award - Four hours pay at double time (2x) to the repairman lowest in
overtime.

GRIEVANCE #4

Facts - The Company posted six laborer jobs on the second shift to brick a
kiln during a planned shutdown. On this posting, it was stated that the jobs
were to run only as long as necessary to brick the kiln and when they were
eliminated that there would be no 95% rate protection.

Issue - (1) Did the Company violate the contract by not paying the employees
95% rate protection when the jobs were eliminated?

(2) Did the Company violate the contract by not giving the employees
written advance notice that their jobs wore being eliminated and should the
Company pay the employee out-of-schedule penalty since the time of the
elimination?

Decision - The panel has decided that there was no violation of the contract
on either issue No. 1 or No. 2 but prior to giving this decision, the Local
Union dropped the grievance.

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ATTACHMENT "A"

May 1, 1996

Xx. Xxxxx Xxxxxxxx, President
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
LOCAL 000
Xxxxxx, Xxxxxxxxxxxx

The Company's final position on Article VI (a) restricts bidding to any
employee in a classification whose straight time hourly rate is less than the
bid job, effective May 1, 1996.

This letter will confirm the Company's agreement to allow each employee in the
bargaining unit to bid on an equal or lower rated classification once during
the life of the new labor agreement which will take effect May 1, 1996.

This letter will also confirm the Company's agreement to allow each employee in
the bargaining unit to bid on any newly created job, or on a job created
through the combination of other jobs, during the term of the labor agreement
which takes effect May 1, 1996.

Xxxxxxx X. Xxxxxxxx
Director, Employee Relations and EEO

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5/19/93

ATTACHMENT "B"

The most efficient and productive method of operating a cement plant is on a
continuing process basis. Any time major equipment is shutdown due to operating
difficulties, the plant is at its weakest position. At this point it is in the
interest of both the Company and its employees that the equipment be returned
to normal operation in the shortest period of time, using the most efficient
and least costly methods available.

However, when major equipment must be shutdown due to operating problems, the
present contract severely limits the ability of the Company to make efficient
and productive use of its employees and equipment and even economically
penalizes the Company when it attempts to do so.

Continued application of these restrictions and penalties when operating
difficulties occur threaten the viability of each plant. This also encourages
the entrant into the market place of non union or other competitors who do not
have these contract language barriers and ace able to use their labor cost
advantages in their relationships with our customers.

In light of the above fact, the parties agree to the following language:

* * * * * * * * * * *

The eight hour rest penalties, scheduling penalties, double time after twelve
hours in a day, or double time into next shift penalties (however, double time
after 12 consecutive hours shall apply,) and seventh consecutive day penalties,
provisions of the current Collective Bargaining Agreement, shall not apply
whenever one or more of the unscheduled shutdowns listed below are present, and
the Company is in the process of returning the equipment to operation. The
kilns must be down sixteen (16) hours and the finish mill down eight (8) hours
because of operating difficulties before the above exemptions become effective.

1. If any kiln is shutdown because of operating difficulties.

2. a. One or more finish grinding xxxxx are shutdown because of operating
difficulties.

b. One or more raw grinding xxxxx are shutdown because of operating
difficulties and would result in the shutdown of the kiln in the
immediate future*.

3. One or more crushers arc shutdown because of operating difficulties, and
would result in the shutdown of the kiln in the immediate future*.

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"Immediate future" means that the Company cannot bring the equipment that
is shutdown back into operation at straight time in sufficient time to
prevent the kiln from running out of the inventory provided by the disabled
equipment such as raw-grind kiln feed, stone, etc.

The penalty exemptions shall commence when the equipment in, 1, 2, or 3, above
is shutdown and will not continue in effect for more than twenty-four (24)
hours after the equipment which has been shutdown has been returned to
operation; however, the seventh consecutive day penalty exemption will continue
until the seventh day of the plant workweek in the week the work was completed.
This seventh day exemption shall only apply to those employees used to return
the equipment to operation.

In addition, if a holiday or Sunday falls when one or more of the above
conditions are present, all employees who work on these days shall be
considered as scheduled to work for premium purposes under Article VII (d) (1)
regardless of whether or not they have been previously scheduled to work.

In addition, the penalty exemptions listed in this attachment shall not apply
to employees of the Packhouse or Quarry unless they are used to perform
maintenance on the equipment while it is being returned to operation or are
used to replace employees who are used to perform such maintenance.

If their work under these conditions would result in the application of any of
the penalties listed in this attachment, the penalties shall not apply.

The foregoing to the contrary notwithstanding, the above penalty exemptions
shall not apply during a scheduled plant shutdown.

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ATTACHMENT "C"

June 2, l993

Xx. Xxxxx Xxxxxxxx, President
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
LOCAL 173
Wampum, Pennsylvania

During our recent contract negotiations the Company agreed that the last
paragraph of Article VII (f) (lunches) concerning reasonable time to eat a
lunch, will also apply to the situation where an employee has received twelve
hours notice prior to the commencement of the overtime assignment and is not
provided a lunch by the Company.

The Company will allow the employee thirty (30) minutes away from his job to
eat his lunch. However, it is understood that shift workers will continue to
eat their lunches on the job as they have done in the past.

In addition, the Company will not call an employee's home after ten o'clock at
night for the sole purpose of meeting the twelve hour notice requirement to
avoid providing an overtime lunch.

Xxxxx X. Xxxx
Director Labor Relations and EEO

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ATTACHMENT "D"

May 1, 1996

Xx. Xxxxx Xxxxxxxx, President
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
LOCAL 173
Wampum, Pennsylvania

When a new Pension Plan is signed by Company, the International Union and Local
173, the plan will include changes in the pension unit benefit as agreed in the
negotiations and ratified by the membership. These changes are as follows:

Pension benefit for each year of credited service

Normal Disability
Retirement Retirement
---------- ----------

May 1, 1996 $27.50 $28.50
May 1, 1997 $28.50 $29.50
May 1, 1998 $29.00 $30.00

Xxxxxxx X. Xxxxxxxx
Director, Employee Relations and EEO

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ATTACHMENT "F"

VOLUNTARY LAYOFF

This letter will confirm that the Union recognizes that the first paragraph of
Article V (b) of the Contract requires the most senior employees to perform
work in their classification when a production curtailment or plant shutdown
causes a reduction in the personnel in that classification.

The foregoing to the contrary notwithstanding, the Company, without precedence,
will consider the request from a senior employee to take voluntary layoff when
there is a reduction in personnel in his classification during a plant shut
down. The Company retains the right to decline these requests, but will not
unreasonably withhold such permission.

Whenever the request is granted by the Company, the Union acknowledges by its
signature below that the granting of each request is without precedence for any
future requests.

The requests will only be considered during a plant shutdown in which employees
are laid-off. The employee who requests and is granted voluntary layoff
consistent with this letter, will be recalled (1) when the Company needs the
employee for work in his classification or (2) when the plant starts up,
whichever occurs sooner, providing his seniority permits such recall.

-------------------------------------
Wampum Plant Manager
Medusa Cement Company

-------------------------------------

-------------------------------------
Local D-173 of the United Cement,
Lime, Gypsum and Allied Workers
Division

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ATTACHMENT "G"

June 2, 1993

Xx. Xxxxx Xxxxxxxx, President
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
LOCAL 173
Wampum Pennsylvania

LETTER OF UNDERSTANDING

In exercising its right to temporarily transfer employees in accordance with
the provisions of the labor agreement, it is not the Company's intent that
these transferees to be used as a method of discipline or to punish any
employee.

If the Union determines that this is the purpose of a particular transfer of
transferees, the Union may file a grievance concerning such transfer commencing
with the third step of the grievance procedure .

Any grievance filed in accordance with this letter of understanding will not be
counted against the limit of five grievance that may be presented to the panel
each year.

Xxxxx X. Xxxx
Director, Labor Relations and EEO

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May 15, 1981

Xx. Xxxxx Xxxxxxxx
Local 173
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
Wampum, Pennsylvania

When an increment increase is applied at the Wampum Plant, the employees on 95%
rate protection receive the full increment increase granted to the wage bracket
from which they were eliminated.

Xxxxx X. Xxxx
Director, Labor Relations and EEO

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April 13, 1971

Letter of Intent

Xx. Xxxxxx Xxxxxxxx, President
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
LOCAL 173
Wampum, Pennsylvania

The Company will not lay off any employee (who has seniority as of April 1,
1971) during the life of the current Labor Agreement as a result of the
installation of mechanical equipment strange in production methods, the
installation of new or larger equipment, the combining of jobs or the
elimination of jobs.

This protection will not apply to employees hired after April 1, 1971.

This protection does not apply to layoffs resulting from production
curtailments, inventory or plant maintenance shutdown, disciplinary action nor
any layoffs which are not a result of the changes mentioned above.

X. Xxxxxx
Plant Manager

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May 15, 1981

Xx. Xxxxx Xxxxxxxx
Local 173
UNITED CEMENT, LINE , GYPSUM AND
ALLIED WORKERS DIVISION
Wampum, Pennsylvania

It is understood and agreed to by the Union and the Company that the following
will satisfy the requirements of Article VII, section (f) regarding hot
lunches:

1. The Company will furnish a frozen food freezer or coin operated vending
machines and a microwave oven to supply a lunch to an employee who
satisfies the overtime requirements. The employee will be furnished
$6.00 effective May 1, 1997 and $6.50 on May 1, 1998 to be used for the
purchase of his hot lunch. The employee shall receive the money as
stated, even if he chooses not to purchase a lunch.

2. The Plant Manager and Local Union Committee will agree in writing on
the various types or kinds of food to be available.

3. The Company will allow the employee thirty (30) minutes away from his
job to eat his lunch. However, it is understood that shift workers will
continue to eat their lunches on the job as they have done in the past.

4. In the event an employee is unable to obtain a sandwich, soup and a
beverage from a machine because one of them is empty, the Company will
furnish a lunch provided a local restaurant is open.

5. Sandwiches will be dated as to the date they should be removed from the
machine.

Xxxxx X. Xxxx
Director, Labor Relations and EEO

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June 29, 1975

LETTER OF INTENT

Xx. Xxxxxx Xxxxxxxx, President
UNITED CEMENT, LINE , GYPSUM AND
ALLIED WORKERS DIVISION
LOCAL 173
Wampum, Pennsylvania

It is understood by both the Union and the Company that the Director of
Industrial Relations will contact the payroll department of the plant to make
arrangements that will allow for S.U.B. payments to be made by the end of the
second week an employee is laid off. This arrangement will be made within a six
(6) week period following the ratification of the 1975 contracts by the local
Unions.

It is further understood that any S.U.B. payments made in advance of meeting
the requirements of the existing S.U.B. agreement between the parties will
remain subject to Section 7, Recovery of Overpayments, of the S.U.B. Agreement.

Xxxxxx X. Xxxxxxxx
Plant Manager

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May 15, 1981

Xx. Xxxxxx Xxxxxxxx, President
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
LOCAL 173
Wampum, Pennsylvania

It is understood by both Local 173 and the Company that the Job Evaluation
Request Form IR-74-2 in no way changes the Company policy pertaining to the
Wampum plant job evaluation program. The form is provided to allow for a
reasonable amount of information explaining the justification for a job
evaluation request when it is submitted to the plant management by an employee
so the request can be properly considered and validated.

Items one (1) through four (4), and ten (10), and eleven (11) will be filled in
by an hourly employee prior to submitting the form to the plant management. If
the request is deemed valid by management, the Union and management evaluation
committees will schedule a meeting and fill in items five (5) through nine (9)
on the evaluation form and perform an evaluation according to the current
evaluating policy.

Xxxxx X. Xxxx
Director, Labor Relations & EEO

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May 15, 1981

Xx. Xxxxxx Xxxxxxxx, President
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
LOCAL 173
Wampum, Pennsylvania

This letter is intended to spell out the understanding reached between the
Company and the Union on how shift differential is to be paid.

1. Shift workers will be paid shift differential at the rate as required in
the Labor Agreement for hours worked within the designated shift hours
for their department.

2. Day workers scheduled by Thursday posting to work hours other than day
shift will be paid shift premium. The premium shall be included as part
of the regular rate in the calculation of overtime compensation for all
hours worked.

3. For purposes of determining shift premium to be paid to day workers as
set forth in (2), the shifts will be as follows:

a. First shift - 7:00 a.m. to 3:00 p.m. or
8:00 a.m. to 4:00 p.m.

b. Second shift - 3:00 p.m. to 11:00 p.m. or
4:00 p.m. to 12:00 midnight

c. Third shift - 11:00 p.m. to 7:00 a.m. or
12:00 midnight to 8:00 a.m.

Xxxxx X. Xxxx
Director of Labor relations and EEO

81
82

May 15, 1981

Xx. Xxxxxx Xxxxxxxx, President
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
LOCAL 173
Wampum, Pennsylvania

Union committee members will be allowed a maximum of forty (40) hours to proof
read the new contract during normal working hours. A maximum of three (3)
employees may be involved.

Xxxxx X. Xxxx
Director of Labor Relations and EEO

82
83

May 15, 1981

Xx. Xxxxxx Xxxxxxxx, President
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
LOCAL 173
Wampum, Pennsylvania

The overtime list will be posted in descending order of overtime.

Xxxxx X. Xxxx
Director of Labor Relations and EEO

83
84

May 15, 1981

Xx. Xxxxxx Xxxxxxxx, President
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
LOCAL 173
Wampum, Pennsylvania

When conditions warrant, the Company will consider calling-out an additional
Control Room Operator to assist in starting up a kiln after it has been
shutdown.

Xxxxx X. Xxxx
Director, Labor Relations and EEO

84
85

June 2, 1993

Xx. Xxxxx Xxxxxxxx
Local 173
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
Wampum, Pennsylvania

The Company will pay for required truck inspection licenses, Blasters licenses
and CDL licenses, however, the Company will determine the maximum number of
licenses it feels must be available to properly fill the classification which
requires a license. The Company will pay for the renewal of those currently
holding licenses.

Xxxxx X. Xxxx
Director, Labor Relations & E.E.O.

85
86

April 25, 1996

Xx. Xxxxx Xxxxxxxx
Local 173
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
Wampum, Pennsylvania

In exercising its right to temporarily transfer an employee, the company will
not backfill the created vacancy for the purpose of maintaining a lower pay
classification. The company will maintain overtime within the classification of
the original planned job vacancy. Does not apply to unplanned vacancies.

Xxxxxxx X. Xxxxxxxx
Director, Employee Relations and EEO

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