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EXHIBIT 10.9
PREAMBLE
This Agreement is made and entered into on the eighth day of July 1997 by and
between Xxxxx Tools, with its principal office and place of business in
Houston, Xxxxxx County, Texas ("Xxxxx") and the General Drivers, Warehousemen,
Helpers, Production Maintenance and Service Employees, Local Union No. 968
("Union"). All personal pronouns used in this Agreement shall include the other
genders whether in the masculine or in the feminine or the neuter gender, and
visa versa whenever and as often as may be appropriate.
ARTICLE I - RECOGNITION
Xxxxx recognizes the Union as the sole collective bargaining agent in respect
to wages, hours and working conditions for the production and maintenance
employees certified as the collective bargaining unit by the National Labor
Relations Board in Case NO. 23-RC 5279.
Excluded are all office clerical, professional and technical employees,
guards, watchmen and supervisors as defined in the National Labor Relations
Act and any and all other employees who do not fall specifically within the
foregoing description.
ARTICLE II - MANAGEMENT RIGHTS
2.1 Xxxxx retains and shall have the exclusive right to manage each and every
aspect of its business and plants and to decide in each and every question
pertaining to the operation of its business and plants, including, by way of
illustration and not by way of limitation,
the location of plants,
the operation of business and plants,
number of employees,
production schedules,
processes and materials used in production,
introduction of improved methods, facilities and equipment,
subcontracting any part of Xxxxx'x business by reason of economic
feasibility, for meeting delivery dates, and for lack of
in-house equipment capabilities,
changing of existing facilities,
directing the working force including the right to plan, direct and
control operations,
to hire, promote, suspend, or discharge for cause, or during the
probationary period, without cause,
or to relieve employees from duty because lack of work or for other
legitimate reasons.
Xxxxx also reserves the right to do and perform work with employees,
supervisors, and management personnel from this and other company locations
when bargaining unit personnel are unavailable for such work.
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Although not subject to grievance and arbitration, subcontracting is subject to
regulations of the National Labor Relations Act with which Xxxxx agrees to
comply. In addition, Xxxxx agrees to subcontract no work to an outside
manufacturer who is also an active employee of Xxxxx.
2.2 The Union recognizes the right of Xxxxx to make and enforce reasonable
rules and regulations, and that violation thereof may be just cause for
discipline or discharge of employees. The only question which may be the
subject of a grievance is whether or not the disciplined employee did or did
not engage in the specific conduct which resulted in the disciplinary action.
2.3 Except as expressly provided by specific articles of this Agreement, the
exercise by Xxxxx of one of its exclusive rights recognized in this Article
shall not be subject to arbitration. This article does not foreclose on the
union's right to grieve and/or arbitrate the alleged violations of other
articles of this Agreement which are not specifically precluded from
arbitration.
ARTICLE III - DISCRIMINATION
3.1 Xxxxx will not interfere with, restrain or coerce the employees covered by
this Agreement because of membership in, or activity on behalf of, the Union.
Xxxxx will not discriminate in respect to hire, tenure of employment or any
term or condition of employment against any employee covered by this Agreement
because of membership in, or activity on behalf of, the Union, nor will it
discourage or attempt to discourage membership in the union or attempt to
encourage membership in another union.
3.2 The Union recognizes Section 14B of the Xxxx Xxxxxxx Act which, in brief,
states that union membership is not mandatory in order to secure or hold
employment. Union further agrees it will not coerce, discriminate against,
intimidate or threaten employees because of non-membership in the Union.
3.3 The provisions of the Agreement shall apply to all employees covered by
this Agreement, without discrimination on account of race, color, national
origin, age, sex, creed, veteran's or disability status.
ARTICLE IV - GRIEVANCE PROCEDURE
4.1 It is the mutual intent and desire of the Union and the Company that
employees make an effort to settle their problems or grievances with their
supervisor prior to resorting to the Grievance Procedure, and not pursue
frivolous grievances.
4.2 The term "grievance" shall mean any dispute over the violation of any
express provision of this Agreement. Grievance and arbitration shall not extend
to implied terms of the contract or to any other dispute that is not controlled
by a clear provision of this Agreement.
4.3 The presentation of a grievance by an employee whether individually or
through his xxxxxxx or chief xxxxxxx must be made to the appropriate
supervisory employee involved not later than five
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(5) working days after the occurrence of the event which causes the individual
or individuals to feel aggrieved.
4.4 Procedure for handling grievances shall be as follows:
(Step 1) The grievance shall be submitted preferably by the employee
to his Plant Superintendent/Department Manager, but may, at the
employee's option, be submitted by the employee and his xxxxxxx to
said Plant Superintendent/Department Manager who shall render a
decision within five (5) working days. If the employee still feels
aggrieved, he may pursue his grievance to Step 2 provided he does so
within five (5) days of the date of the answer of his Plant
Superintendent/Department Manager.
(Step 2) If the grievance is not satisfactorily settled by the
employee's plant superintendent/department manager, the employee and
his xxxxxxx may appeal in writing to the vice president of
manufacturing for manufacturing employees, to the director of
manufacturing for production receiving and tool room employees, to the
warehouse/shipping manager for warehouse/shipping employees, and to
the product assurance director for quality control and receiving
employees.
The aforementioned shall have a conference with the employee, and the
xxxxxxx and shall render a decision in writing within five days after
receipt of the grievance. If the employee still feels aggrieved, he
may pursue his grievance to Step 3 provided he does so within five (5)
days of the date of the answer of the aforementioned.
(Step 3) If the grievance is not satisfactorily settled by the vice
president of manufacturing for manufacturing employees, the director
for production receiving and tool room employees, the
warehouse/shipping manager for warehouse/shipping employees, or the
product assurance director for quality control and receiving
employees, the chief xxxxxxx may appeal to the appropriate senior vice
president in writing. The senior vice president shall have a
conference with the employee, the chief xxxxxxx and the xxxxxxx who
filed the grievance (if not the chief xxxxxxx) and shall render a
decision within ten (10) days after receipt of the grievance. If the
employee still feels aggrieved, he may pursue his grievance to Step
4 provided he does so within seven (7) days of the date of the answer
of his senior vice president's written reply.
(Step 4) If the grievance is not satisfactorily adjusted, the employee
may, through his union representative, appeal to the director of human
resources of Xxxxx in writing, who shall render a decision in writing
within ten (10) days after hearing the grievance.
4.5 Time limits shall disregard Saturdays, Sundays and the recognized
holidays; provided, however, that such time limits may be extended at any step
by negotiation between Xxxxx and the Union.
4.6 General grievances or disputes affecting the employees in the unit as a
whole, and discharge grievances may be initiated by the chief xxxxxxx directly
at Step 2.
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4.7 While a grievance is being processed and until a final decision has been
arrived at, the conditions and relationships existing prior to the grievance
shall remain unchanged.
4.8 When a grievant fails to appear at any scheduled hearing, the Union may
drop the grievance or it may be heard in his/her absence.
4.9 The Company agrees to post on bulletin boards in conspicuous places the
misconduct which will result in suspension and/or termination of employment.
Changes in the definition of such misconduct will also be so posted in a timely
manner to apprise employees prior to the effective date of such change. A copy
of all such postings will be furnished to the chief xxxxxxx.
Grievances regarding changes in work rules implemented after the effective date
of this Agreement shall be adjusted in accordance with the grievance provision
of this agreement beginning at Step 2 within five (5) days of such posting.
Violation of state of federal law or heinous offenses will not be subject to
the company's posting agreement and the only grievance regarding same shall be
whether or not the disciplined employee did or did not engage in the specific
conduct which resulted in the disciplinary action. The Company will apply
these rules in an even handed manner.
The only question which may be the subject of a grievance involving suspension
or discharge of employees whose misconduct is the violation of a company rule
where the penalty of discharge has been previously specified and announced as
"grounds for discharge" or whose misconduct involves the violation of state or
federal law or heinous offenses is whether or not the disciplined employee did
or did not engage in the specific conduct which resulted in the disciplinary
action.
ARTICLE V - ARBITRATION PROCEDURE
5.1 It the grievance is not satisfactorily settled by the Director of Human
Resources' answer, the Union may within twenty days refer the grievance to be
heard by a representative of the company and a representative of the union, who
will listen to the positions of both the company and the union to attempt
resolution.
The representative for the company will be named by the Director of Human
Resources and may be any employee who is not a party in the grievance and/or
who has not participated in one of the first three steps of the grievance
procedure. The representative for the union will be named by the business
representative of the union and may be any representative of Local 968 who is
not a party in the grievance.
If no agreement is reached by the two representatives, then and only then, may
the union refer the grievance to arbitration. Referral of a grievance by the
union to arbitration must be made within twenty (20) days of the failure of
the representatives of the company and the union to resolve the grievance.
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5.2 Selection of the Arbitrator
The Union will request the Federal Mediation and Conciliation Service (FMCS) to
submit a list of seven (7) arbitrators to the parties. Should the parties be
unable to agree on an arbitrator from this panel, they shall request a second
panel and failing mutual agreement shall alternately strike a name. The
remaining name will be the arbitrator. The same arbitrator shall not hear more
than one (1) grievance unless there is mutual agreement between the parties.
5.3 The Union shall have the authority to withdraw, dismiss or settle any
grievance prior to the decision or award of the arbitration.
(A.) The Arbitrator's decision shall be presented in writing and
shall be conclusive, final and binding on both parties, if, but only if,
the decision and award (1) are based upon the violation of an express
term of this Agreement set forth in the decision and (2) make no award
of money cost or expense against Xxxxx in the form of backpay or
otherwise, in excess of $6,000, but any such money damage or backpay
obligation in excess of $6,000 of Xxxxx may be determined by a Texas
court of competent jurisdiction.
(B.) The Arbitrator shall not be empowered to add to, modify, amend,
or otherwise change any provisions of this Agreement.
(C.) In grievances involving discipline or discharge, the Arbitrator
shall not modify the disciplinary action taken by Xxxxx if the
Arbitrator finds that the disciplined employee engaged in the specific
conduct which resulted in the disciplinary action or discharge.
(D.) Each party shall bear its own expenses with respect to the
preparation and presentation of the matter to the arbitrator, but the
cost or expense of the arbitrator and conference room shall be borne
equally by the Employer and the Union.
ARTICLE VI - SENIORITY
6.1 Each new employee's name shall be placed at the bottom of a seniority
list after the first 90 days of satisfactory full-time employment within the
bargaining unit. In cases where an additional thirty (30) days evaluation may
be needed to determine whether performance is satisfactory, it is agreed that
the probationary period may be extended from ninety (90) to one-hundred-twenty
(120) days. The company agrees to provide written notice of the extension to
the employee and the chief xxxxxxx of his designee prior to the completion of
the 90th day of employment.
Employees will have no seniority until they have completed ninety (90) [or
one-hundred-twenty (120) as specified above] calendar days of unbroken service
in the bargaining unit; however, after the completion of this time, their
seniority shall be their original starting date in the bargaining unit.
It is understood and agreed that said employees shall be entitled to the job
bidding rights outlined in 6.4 below after six (6) months full-time
employment. Xxxxx shall have the right to terminate any
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employee for any reason whatsoever, with or without cause, within the ninety
(90) or one-hundred-twenty (120) day probationary period above. It is
understood and agreed that it is not Xxxxx'x intent to use the terms and
conditions of this paragraph to discriminate against Union membershitp.
6.2 Seniority shall consist of all unbroken service in the bargaining unit
covered by this Agreement except as specifically stated above. Breaks in
service shall be as follows:
(A.) If the employee quits or is discharged;
(B.) If the employee fails to return from layoff within three (3)
working days after being notified by certified mail to his last known
address. The "recall" return may be extended with the mutual agreement
of management and the union, but shall not exceed ten working days;
(C.) If the employee has less than one (1) year of seniority and is
laid off, loss of seniority will occur after six (6) months;
If the employee has one or more years seniority and is laid off, loss
of seniority will occur after eighteen (18) months;
(D.) If the employee retires;
(E.) If the employee is promoted outside of the bargaining unit for a
period exceeding six (6) months;
(F.) If the employee fails to report for work upon the completion of
any authorized leave of absence unless prior approval to extend the
leave has been granted by the mangement;
(G.) If an employee on a "Leave of Absence" accepts a job with another
employer;
(H.) If an employee with less than one (1) year of seniority is
disabled more than six consecutive months due to occupational
illness/injury or due to personal illness/injury;
If an employee with one (1) or more uears of seniority is disabled more
than eighteen consecutive months due to occupational illness/injury or
due to personal illness/injury.
6.3 Senority and the ability to perform the work of a job classification shall
be the determining factors in cases of decreases in force, layoff and recall.
Management and the Shop Committee shall confer on disputed decisions, but in
the event of a continued disagreement, management shall have the right to make
the job assignment with the approval of the Senior Vice President. The Union
shall have the right of redress through the grievance procedure.
6.4 In all cases of promotions, shift preference when a vacancy exists,
increases in force and transfers, seniority shall prevail unless there is a
marked difference in ability. From a review of
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available production records, available quality records, jobs will be awarded
under the direction of the Director of Human Resources. A copy of all job
postings shall be furnished to the chief xxxxxxx. Management and the chief
stewards shall confer on disputed decisions, but in the event of a continued
disagreement, mangement shall have the right to make the job assignment. The
Union shall have the right of redress through the grievance procedure.
(A.) All job vacancies shall be posted for three (3) working
days provided however, management shall have the right to
immediately fill such opening on a temporary basis for not more
than sixty (60) days. Such temporary assignment shalll not be
used as qualifying time on job bids. A copy of job vacancy
postings shall be furnished to the chief xxxxxxx. Management
reserves the right to reassign any employee to another machine
due to work load(s) or due to disabled machines, and this
temporary assignment is not subject to the sixty (60) day
limitation.
(1) Job vacancies shall be filled through the
provisions of this Article whenever feasible in
accordance with the provisions of Section 6.4;
(2) In the filling of job vacancies on a shift in any
classification, first consideration will be given the
employees assigned to comparable machine in the off
shifts on a seniority basis;
(3) Second consideration will be given to employees in
higher job classifications within the bargaining unit;
(4) Next consideration will be given the employees in
the same pay grade;
(5) Employees in the next lower classification shall
be given fourth consideration;
(6) If the opening is not filled by hire within sixty
(60) days of the original bid, it shall be reposted for
bid;
(7) Within a maximum period of ninety (90) days or
one-hundred-twenty (120) days, any employee not able to
produce work of an acceptable quality and quantity in a
new job assignment will be returned to his previous
classification and rate of pay plus any progression
increase he would have received under Article 23.3 In
the event his previous job assignment has been filled,
the employee will be assigned to any job assignment
open within his classification. If there is no job
assignment open within his classification, he will be
offered any available job for which he is qualified
which is open at the rate of pay applicable for the
available job, or he will be placed on layoff status;
(8) Any vacancy created by an employee returning to his
previous classification provided in (7) above will not
be reposted if there were other
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eligible bidders on the original bid to fill the job.
Consideration will be given to other bidders from the
original bid in accordance with (2) through (6) above;
(9) Except in instances where an employee bids from a
higher to a lower classification, any employee who
satisfactorily fills any job vacancy through the
provisions of this Article must remain in the new job
for a period of not less than six (6) months from the
date the job was awarded except as provided in (7)
above or in any job assignment made by Xxxxx in the
exercise of any of its management rights or as outlined
below:
Manual machinists, welders and inspectors will be
restricted from bidding for twelve (12) months. CNC/NC
machinists will be restricted from bidding for twelve
(12) months. Cellular machinists will be restricted
from bidding for eighteen (18) months.
The 6/12/18-month bidding restrictions will not apply
to new machines, development of additional cells, or
when the employee's same assigned machine or work
center becomes available on the off shift(s).
It is also agreed that any employee demoted to a lower
classification as a result of workforce reductions
and/or recall will be eligible to bid on the machine
from which he was laid off whenever that specific
machine becomes available regardless of time spent
within the lower classification;
(10) Employees whose pay rates are greater than $.50
less than the minimum of the classification bid will be
given consideration only if those bidders within $.50
of the top of the next lower classification are not
acceptable candidates. Any candidate promoted to fill
a vacancy lower than his classification prior to a
workforce reduction will be paid the maximum rather
than the minimum of the intermediate classification;
(11) Pay for jobs awarded under the provisions of this
Article will commence after the completion of an
orientation period not to exceed one week maximum.
Physical reassignment to the job awarded will occur no
later than 30 days of the date of the job award except
with the approval of the employee and the Union, and
pay for the new job will commence not more than thirty
five (35) days of the date of the job award;
(12) In all cases of workforce reductions, when a
marked difference in ability exists, demotions from
higher job classifications to lower job classifications
within the same department or in any other
department(s) where the employee has established
seniority will be implemented by the senior vice
president(s) based on the seniority and ability of
affected employees.
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(B.) Eligibility of Bidders and Order of Consideration
(1) Employees demoted from a job classification as a
result of a reduction in force and on which they
established job classification seniority shall have
prior rights to return to a job classification on which
they have established seniority before other eligible
bidders are considered.
(2) Employees on layoff status who have worked and
established seniority in a job classification in which
a vacancy is bulletined shall be deemed to have bid for
such a vacancy and shall be considered for recall to
such vacancy.
6.5 Xxxxx shall notify such layoff employee by certified mail to his last
known post office address on file with Xxxxx to report to work. The employee
shall within (3) work days respond to such call except as provided in Article
6.2, Paragraph B, above. The chief stewards and the business manager of the
Union will receive copies of said letter of notification.
6.6 A complete seniority list of all regular full-time employees listing dates
of seniority shall be posted by Xxxxx three (3) times a year and any protest by
any employee must be made within thirty (30) days after the date of each such
posting. Seniority of employees with the same starting date will be determined
by alphabetical order. Xxxxx agrees to furnish the chairman of the shop
committee and the business manager with copies of each such seniority list.
ARTICLE VII - ASSIGNMENT OF OVERTIME
7.1 With due regard for the qualifications of employees and the nature of work
to be done, the supervisors designated by Xxxxx will make every reasonable
effort to assign overtime work equally among all regular, full-time employees
in each department by shift and job classification. The company agrees to
uniformly administer and maintain records of the accumulation of overtime hours
for bargaining unit employees, and further agrees to make said records
available for review by the union by appointment. Copies of the overtime report
will be furnished to appropriate chief stewards monthly. Records maintenance
will not be subject to grievance and arbitration.
Should any dispute arise over assignment of overtime work, such dispute shall
be subject to the grievance procedure at Step 3.
In no event shall the Company be obligated to pay a monetary penalty under the
terms of this provision.
7.2 Employees who work in excess of their scheduled hours on any day and/or
week shall not be laid off during their respective regular scheduled working
hours as a result of having worked overtime.
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7.3 Employees shall have the right to refuse overtime, but this refusal will be
charged as hours worked in the distribution of future overtime, except as
provided in Paragraph 7.5 below.
7.4 The company will post the overtime records of each department in the
department for review by employees at a time which does not interfere with
their work schedules.
7.5 Except in emergency situations, Xxxxx will notify an employee of any
overtime the shift before overtime is to be worked or the refusal will not be
charged as overtime hours worked.
ARTICLE VIII - REPORT PAY
8.1 In the event an employee reports to work on his regular shift of scheduled
overtime without having been previously notified not to report, he shall be
given four (4) hours work within his classification or, if necessary, in a
lower classification at his regular rate of pay. If no work is available, the
employee shall receive four (4) hours pay including all premiums.
8.2 An employee shall be deemed as requested to report on his regular shift
unless notified by an authorized employer representative to the contrary at
least three (3) hours before the schedule work time.
8.3 The report pay provisions provided above in Paragraphs 8.1 and 8.2 shall
not apply in the event Xxxxx is unable to notify the employee by reason of any
cause beyond the reasonable control of Xxxxx or in the event of plant closings
because of inclement weather. Plant closings because of inclement weather will
be announced through the KPRC radio/televisions network and will provide
whatever advance notice is possible through broadcasting.
ARTICLE IX - CALL IN PLAY
9.1 Any employee who has left Xxxxx'x premises and who is called back to work
after the termination of his regular shift or prior to his regular shift shall
receive either four (4) hours work or four (4) hours pay at the overtime rate;
provided, however, that call in provisions in this section shall not apply when
an employee is called in early and works into his regular shift.
9.2 An employee shall not be required to stand by without pay for a call back
to work after the termination of his regular shift; provided however, that the
terms and conditions of this Article shall not apply to field service personnel
off the premises during an emergency and it is understood and agreed that such
personnel shall be compensated in accordance with past practices.
ARTICLE X - HOURS OF WORK
10.1 A standard work week begins at the start of the day shift on Monday. A
standard week's work is defined as not more than forty (40) hours in any one
week. Premium pay shall be paid for at the following rates:
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10.2 Time and One-Half will be paid for:
(A.) All hours worked over eight (8) in one day, except in cases
where a compressed work week in implemented to comply with Employer Trip
Reduction regulations. Hours worked in excess of those required by any
Employer Trip Reduction regulations will be compensated at time-and-one
half.
(B.) All hours worked in excess of forty (40) hours (for which
overtime has not been previously paid) in and one week.
(C.) All hours worked on Saturday provided 32 straight-time hours
have been accumulated in the first five days of the week and any time
off is excused. The 32 straight-time-hour accumulation may consist of
hours worked, vacation days, holidays, jury-duty days, funeral-pay days
or any 32 straight-time-hour combination thereof.
10.3 Double Time will be paid for:
(A.) All hours worked on Sunday in a department which normally does
not work on Sunday. In departments which must normally operate on
Sunday, double time will be paid only on the seventy (7) consecutive
shift of work in one week.
(B.) All hours worked on the seventh consecutive shift of work in
one week.
10.4 Holiday Pay will be paid for:
In addition to the holiday pay specified in Article XVI below, an employee who
works on a recognized holiday shall be paid time and one half his straight-time
pay rate for all hours worked on the holiday.
10.5 All premium pay shall be calculate for actual time worked.
ATTENDANCE RECORD AND LUNCH PERIOD
All employees will punch a time clock in their respective work area or as
designated by their supervisor upon reporting to work at Xxxxx'x premises and
shall punch out upon completing work. In addition, employees will be required
to punch a time clock documenting the completion of work step processes. A
lunch period of thirty (30) minutes shall be allowed each employee during his
period of duty. This lunch period when assigned shall not be paid for by Xxxxx.
Employees leaving the Company premises for lunch shall be required to punch the
clock before leaving and again upon their return. Failure to comply with
required time clock procedures will result in disciplinary action and/or
termination of employment.
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ARTICLE XII-ABSENTEEISM AND TARDINESS
In all cases where an employee is unable to report to work at his
scheduled starting time, for any reason, he shall notify his supervisor no
later than three (3) hours after such scheduled starting time.
Absenteeism and tardiness are grounds for disciplinary action including
discharge. Any employee who is absent for three (3) consecutive work days
without notifying his supervisor will be terminated on the basis that he
resigned. Such employee shall be notified by certified letter to his last
known address; also advising him of his appeal his termination if he has a
reasonable explanation for lack of such notice.
ABSENCE OCCURRENCE
(A.) Absence -- If an employee is absent for more than three hours on
a working day, he will be charged with one (1) absence occurrence. If
this one occurrence is for five (5) consecutive day, a statement from
the doctor will be required. If no doctor's statement is furnished, the
fifth day and each succeeding day will be counted as additional absence
occurrences. If this one occurrence is for eight (8) consecutive days,
a disability leave of absence must be arranged. The maximum credit loss
for one (1) day is one (1) credit. For absences due to disability, when
a physician has certified inability to work, a release to return to work
from a physician must be presented before the employee returns to work.
(B.) Tardy or Leave Early -- If an employee is tardy or leaves early
from his regularly schedule shift, he will be charged with one-half
(1/2) absence occurrence, with the following exception: two clock-in
times per calendar month which coincide with shift beginning time will
not be charged tardy.
(C.) Exceptions (Definitions as described in Policy and Procedure
Manual) Unpaid leaves of absence shall be granted in cases of personal
and family illness upon request. Fraud in applying for leaves of
absence or acceptance of other employment shall result in immediate
discharge.
(1) Vacation with supervisor's prior approval
(2) Holiday
(3) Jury Duty/Witness Duty
(4) Military Leave
(5) Leave of Absence Other than Family and Medical
Leave(s) of Absence -- Provided the employee has
requested and been granted a leave of absence at least
eight (8) hours prior to the commencement of his
scheduled work shift. Family and Medical Leave(s) of
Absence will be subject to the provisions and
regulations of the Family and Medical Leave Act of
1993 and will be administered as provided in the text
of same.
(6) Official Union business of Union official or plant
xxxxxxx -- approval in advance -- not to exceed ten
(10) working days in one calendar year.
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(7) Death in the employee's immediate family (not to exceed three
[3] days).
(8) Occupational injury of occupational illness.
(9) Hospital confinement of an employee
(10) Disciplinary Action
(11) Overtime Refusal (non-scheduled or Saturday which was declined
when offered)
(12) Personal Illness - Provided a written certificate from a
competent medical doctor verifying personal illness is
presented. Only those dates specifically listed by the doctor
will be excused.
(13) Absence when the vicinity of the employee's residence is
declared by the state to be a disaster area or when satisfactory
evidence is presented by the employee in a timely manner which
substantiates inability to report to work due to inclement
weather.
(14) Absence due to incarceration resulting from wrongful arrest,
provided a written statement from a law enforcement
representative is presented.
(15) Absence to attend the funeral of an employee within the same
department provided verification of funeral attended is
presented (not to exceed three[3] hours absence.)
An employee must have properly reported his absence through the existing
call-in procedure and must submit satisfactory evidence to his supervisor on
the first day he returns to work or by the close of his scheduled shift on the
following day that one of these fifteen exceptions applies. If he does not,
the absence will be considered an absence occurrence or occurrences.
EXISTING CALL-IN PROCEDURES
An employee must continue to call prior to or within three (3) hours after the
beginning of his shift. The employee, or an adult member of his family if the
employee is physically unable to do so must contact Xxxxx'x attendance
reporting division at (000) 000-0000 who will notify his supervisor or xxxxxxx
as in the past.
EARNED CREDITS
(A) An employee may earn credits toward absence occurrences through
perfect attendance. For each two (2) weeks of perfect
attendance (i.e., no absences, tardiness or leave early), an
employee will be given one (1) credit which can be accumulated
in advance or applied against prior absences occurrences. The
two week period during which an employee may gain a credit need
not be consecutive provided they are in the same calendar month.
The accumulation of credits shall be limited to a maximum of six
(6) at any one time.
(B) For each complete scheduled shift worked on Saturday, or
Saturday shifts of six hours or more (whichever is less), an
employee will receive an additional one-half (1/2) credit if he
has worked at least six (6) hours on the scheduled work day both
preceding and following the Saturday shift. In departments which
must operate seven (7) days a week, this one-half (1/2)
accumulation will be accrued on the sixth consecutive work shift
in any week rather than on Saturday.
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(C) For each complete scheduled shift worked on Sunday, or Sunday
shifts of six hours or more (whichever is less), an employee
will receive an additional one-half (1/2) credit if he has
worked at least six (6) hours on the scheduled work days both
preceding and following the Sunday shift. In departments which
must operate seven (7) days a week, this one-half (1/2)
accumulation will be accrued on the seventh consecutive work shift
in any week rather than on Sunday.
PROCEDURE
As an employee's sum of points in excess of earned credits for absence
occurrences, tardiness or leave early reaches the following levels, action will
be taken as described.
(A) Zero - a written performance rating advising 0 status;
(B) Two - a written performance rating;
(C) Three - a written performance rating with a five day probated
working discipline;
(D) Four - a written performance rating advising the employee that one
additional point will necessitate the termination of his employment;
(E) Five - his employment shall be terminated.
Any employee not present at work to receive notification described above will
receive the applicable performance rating or performance ratings or termination
of employment upon his return to work.
Except for leaves of absence for personal disability, hospital confinement and
light duty assignments, the employment of any employee whose attendance
standing remains at any negative level more than ninety (90) consecutive
calendar days will be terminated.
The duration of leaves of absence during a ninety (90) day period in which
one's attendance standing remains at any negative level will be added to the
ninety (90) day period for the time frame during which employment will be
terminated for negative attendance standings.
EXCESSIVE ABSENTEEISM
Employees whose records indicate excessive absence not covered by the program
will be subject to disciplinary action including termination.
In addition, in any consecutive three (3) calendar month period, any employee
not on a leave of absence whose absentee rate is greater than 24 hours absence
in each of the three (3) months covered, will be placed on thirty (30) days
written notice (with a copy to the Union xxxxxxx) within five (5) days of the
end of the third month .. or within five (5) days of the end of the period when
24 hours absence is accumulated .. that the continued unimproved attendance
will compel termination.
Within thirty (30) days, if the absentee rate is not less than 12 hours,
employment will terminated. The computation of absentee rate shall not include
vacation, holiday, jury duty,
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official union business, death in employee's immediate family (not to exceed
three [3] days), occupational injury or occupational illness, disciplinary
action or overtime refusal (non-scheduled or Saturday which was declined when
offered).
12.2 Except as otherwise specified herein, only time actually worked shall
be compensated.
ATTENDANCE INCENTIVE PROGRAM
For each three months perfect attendance which includes a scheduled shift not
to exceed nine hours and six hours on alternate Saturdays as scheduled or two
Saturdays per month, an employee will accrue one day of sick leave which may be
carried over from one year to the next, but an employee may not take more than
four in any one calendar year. One day of sick leave equals (8) hours
straight-time pay.
Perfect attendance includes the following: two clock-in times per calendar
month which coincide with shift beginning, vacation, holiday, jury duty,
official union business of union xxxxxxx, death in employee's immediate family
not to exceed three days, and attendance incentive day.
The three months perfect attendance need not be consecutive months.
Pay for unused attendance incentive days will be paid on any payday between
December 15 and December 31 at the employee's written request.
ARTICLE XIII-SAFETY AND SANITATION
13.1 Xxxxx and the Union agree to establish a Safety Committee consisting of
members of bargaining unit and Xxxxx representatives.
13.2 Xxxxx shall maintain an emergency first aid station to care for its
employees in case of injury.
13.3 Xxxxx shall notify the Safety Committee of all accidents which occur in
the plant within a reasonable time.
13.4 Xxxxx shall furnish and maintain safe and healthful sanitary
conditions, including washing facilities and toilets. The company will continue
to provide existing locker facilities which are located in shop restrooms. As
locker vacancies become available through attrition, they will be reassigned on
the basis of seniority.
13.5 No employee shall be required to perform repair work on or about moving
or operating machines while in motion or in operation, nor shall any employee
be required to work in areas of a plant or shop where conditions exist that are
detrimental to health, until such conditions have been removed or remedied.
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13.6 There shall be at least one person on each shift trained in first aid
and certified.
13.7 Xxxxx shall from time to time post rules for sanitary maintenance and
for safety practices and from time to time revise such rules. All employees
shall adhere strictly to such rules and failure or refusal to obey such rules
shall be cause for discharge or other appropriate disciplinary action.
13.8 Xxxxx shall provide all OSHA and/or company required safety equipment
except safety shoes and prescription safety glasses. The cost of company issued
safety glasses will be paid toward the cost of prescription safety glasses when
proof of purchase of prescription safety glasses is presented, but not more
often than twice during the life of the contract.
13.9 A log shall be maintained recording all injuries reported whether
casual or serious. Such log shall be available for inspection at any
reasonable time by a member of the shop committee who has the permission of the
injured employee. Forms available in each department will be used by
employees to report accidents. Except for emergency treatment serious enough
to warrant immediate treatment, no medical treatment will be rendered prior to
an employees completion of the "short form" for accident reporting.
13.10 Any employee whose light duty assignment resulting from occupational
illness/injury extends beyond thirteen (13) weeks will receive the pay of the
classification in which he is working.
ARTICLE XIV-STRIKE AND LOCKOUT
14.1 The Union agrees that during the term of this Agreement neither the
Union, its officers or representatives nor the Company's bargaining employees
will call, sanction or engage in any strike, slowdown, stoppage of work or
suspension of work whatsoever. The Union further agrees that all disputes will
be settled under the grievance procedure of this contract or by a court of
competent jurisdiction as provided above in Article V, Section A. Any bargaining
unit employee who violates the foregoing shall be subject to disciplinary
action, including discharge, as may be deemed appropriate by the Company. The
only question which may be the subject of a grievance is whether or not the
disciplined or discharged employee or employees did or did not actually
participate in a strike, slowdown, stoppage of work or suspension of work.
14.2 The Company shall have the additional right in the event of violation
of this Section to take such disciplinary or discharge action against any
and/or all the participants.
14.3 Xxxxx agrees that during the terms of this Agreement there shall be no
lockout of employees.
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ARTICLE XV-VACATION
15.1 Vacation eligibility shall be based on the employee's anniversary date
which for purposes of this Agreement shall be defined as the date of the
employee's employment by Xxxxx.
15.2 All vacation earned must be taken in the year in which they are earned.
If scheduled work requirements permit, and employee may split his vacation into
segments agreed upon by both employee and his supervisor. Final decision in
determining if work requirements permit will be supervisor's judgement. Choice
of available vacation dates will be granted on the basis of seniority except
that Xxxxx reserves the right to grant or reschedule vacation of any employees
to least affect Xxxxx'x operation.
15.3 Vacations with pay will be granted upon the following terms and
conditions:
(1) All employees who have completed twelve (12) months continuous
service for Xxxxx and who have worked eighteen hundred (1800)
straight-time hours in the preceding year shall be granted five (5) days
vacation with pay;
(2) All employees who have completed twenty four (24) months
continuous service for Xxxxx and who have worked eighteen hundred
(1800) straight-time hours in the preceding year shall be granted (10)
days vacation with pay;
(3) All employees who have completed seven (7) years continuous
service for Xxxxx and who have worked eighteen hundred (1800)
straight-time hours in the preceding year shall be granted fifteen (15)
days vacation with pay;
(4) All employees who have completed twenty (20) years continuous
service for Xxxxx and who have worked eighteen hundred (1800)
straight-time hours in the preceding year shall be granted twenty (20)
days vacation with pay;
(5) The eighteen hundred (1800) straight-time hour requirement for
full vacation may consist of hours worked, vacation days, holidays, jury
duty days, funeral-pay days of any combination thereof;
(6) In the specific instance where an employee qualifies for four
hundred eighty (480) hours of leave under the Family and Medical Leave
Act, the minimum straight time hour requirement will be reduced to a
sixteen hundred (1600) straight time hour requirement for earning a full
vacation. This reduction applies solely and specifically to absence(s)
provided in the Family and Medical Leave Act.
(7) Vacation pay shall be forty (40) straight-time hours for five (5)
days, eighty (80) straight-time hours for 10 (10) days,
one-hundred-twenty (120) straight-time hours for fifteen (15) days
vacation, and one-hundred-sixty (160) straight-time hours for twenty
(20) days vacation.
(8) If for any reason other than paid vacation, holidays, jury-duty
days or funeral-pay days, less than the minimum eighteen hundred (1800)
straight-time hours (or sixteen
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hundred [1600] straight-time hours with FLMA) required for full vacation
eligibility are worked, the amount of vacation pay due will be pro-rated based
on the number of straight-time hours worked, the minimum straight-time hour
requirement and the seniority eligibility, i.e., forty (40), eighty (80), on
hundred twenty (120), or one hundred sixty (160) hours.
15.4 In the event an employee covered by this Agreement voluntarily xxxxxx
his connection with Xxxxx, retires or enters military service, any vacation
credit accrued shall be paid to him. In the event of death of an employee
covered by this Agreement, any vacation credit accrued shall be paid to the
legally recognized representative of the estate of the deceased.
ARTICLE XVI - HOLIDAYS
16.1 The following days shall be recognized as holidays:
NEW YEAR'S DAY January 1
MLK DAY (When Observed)
GOOD FRIDAY Friday before Easter
MEMORIAL DAY Last Monday in May
INDEPENDENCE DAY July 4
LABOR DAY First Monday in September
THANKSGIVING 4th Thursday in November
DAY AFTER THANKSGIVING Friday after Thanksgiving
CHRISTMAS EVE December 24
CHRISTMAS DAY December 25
16.2 If a holiday should fall on a Saturday, Friday will be considered as
the holiday. If a holiday should fall on a Sunday, Monday will be considered as
the holiday.
16.3 As provided above in Article X, Paragraph 10.4, an employee who works
on a recognized holiday shall receive one day's pay at this regular
straight-time rate plus time-and-one-half for the number of hours worked on the
holiday. The holiday runs from midnight to midnight. No employee will receive
more than one day's holiday for each holiday worked. Employees assigned to work
on a holiday will be required to work holidays at the rate provided above. Each
supervisor shall notify employees required to work on holidays no later than 12
hours preceding the start of the first holiday shift. An employee shall not be
entitled to holiday pay unless he works at least six (6) hours on the day
before the holiday and at least six (6) hours on the day following the holiday;
provided, however, that the foregoing shall not apply if the employee's
absence(s) on the day preceding and/or following the holiday is applicable as
one of the fifteen (15) exceptions to the absence occurrences listed in Article
XII and the employee has worked at least one complete shift in the two week
period preceding the holiday.
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ARTICLE XVII - NOTICES
Xxxxx will provide space upon which the Union may post official notices
concerning meetings on mutually agreed bulletin boards. In addition, Xxxxx will
provide limited enclosed bulletin boards upon which the Union may post official
notices concerning meetings. Any other notices or matters to be posted thereon
by the Union must first be submitted to and approved by Xxxxx.
ARTICLE XVIII - UNION REPRESENTATION
18.1 Representatives designated by the Union may interview employees or
stewards at the shop in legitimate Union business after having obtained
permission of the management. Said representatives shall have such interviews
at times that shall not interfere with the operations of the plant or the work
being performed by the employees and shall comply with all of Xxxxx'x rules and
policies relating to visitors.
18.2 The parties agree to participate in a Labor Management Committee
comprised of bargaining unit employees designated by Teamsters Local 968 and
non-bargaining unit employees designated by the Xxxxx Tools Director of Human
Resources. The committee shall be composed of an equal number of
representatives from Management and the Union, not to exceed four
representatives each. Each party shall designate one of its members as co-chair
of the committee. The co-chairs shall alternate in running the meeting or they
may agree among themselves on a system to conduct the meetings.
The committee shall meet at least once each ninety (90) days on the first
Tuesday of the first month in each quarter. Each party shall identify at least
seven (7) days in advance, the subjects that they desire to discuss. Any
approved issue brought before the committee may be answered during the meeting,
or it may be answered by correspondence after the meeting. Any approved issue
should be addressed. Once an issue is addressed, the other party may respond,
giving additional information or comments. In each case the issue can be
re-addressed or it may be declared "tabled," not to be discussed again. It is
not the intent of the parties to have the committee operate as a grievance
panel, but to discuss any business between Xxxxx and the union not set out in
the Xxxxx Tools/Teamsters Local 968 Labor Agreement.
18.3 There shall be four (4) chief stewards representing the bargaining
unit. Union stewards will be allowed time off with pay to a maximum of nine (9)
hours per month per xxxxxxx of fifty four (54) hours collectively to process
grievances as prescribed in Article IV after obtaining permission from their
supervisor. Management agrees that such permission shall not be unreasonably
withheld; union representatives recognize and agree that work priorities
supersede requests for representation in instances where no critical issue
exists.
Stewards will also be allowed time off with pay to attend the regularly
scheduled quarterly meetings set forth in Article 18.2, beginning at 2 p.m.
The resolution of problems prior to the grievance procedure as described in
Article 4.1 will not be charged in the accumulation of the fifty-four (54)
hours provided a formal grievance is not filed.
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18.4 During the life of this Agreement, in addition to the chief stewards,
the Union may certify up to five (5) stewards in departments and work areas
listed above. In the event of the expansion of the unit due to company growth,
the union may certify one additional xxxxxxx for each ten percentage of growth.
(A.) Stewards shall be limited to handling of grievances in their
own work area at Step 1 and Step 2, as set forth herein above in
Article IV, and at Steps 3 and 4 if they initiated the grievance.
Any xxxxxxx who is also the grievant will be represented by
another xxxxxxx or the chief xxxxxxx if available.
An employee may select the xxxxxxx of his choice if the xxxxxxx is
available and no critical work situation exists.
(B.) Xxxxxxx shall, upon approval of their respective supervisor or
xxxxxxx be granted reasonable time off with pay for the purpose of
handling grievances at Step 1 and Step 2 and such approval shall not be
unreasonably withheld. Time spent by stewards handling grievances shall
be accumulated toward the fifty-four (54) hour maximum allowed per month
for union representation which will be paid by the Company.
18.5 The Union shall furnish Xxxxx a certified list of stewards and chief
stewards, showing the shift and department or area each xxxxxxx is appointed to
serve, and shall certify in writing any changes therein promptly after changes
occur. Xxxxx shall not be required to recognize any xxxxxxx or chief xxxxxxx
who has not been so certified, but the Union may certify an alternate for each
chief xxxxxxx and xxxxxxx who shall act only in the absence of such xxxxxxx or
chief xxxxxxx.
18.6 Accredited representatives of the Union will have access to the plant
during working hours by prior appointment and with permission of the Director
of Human Resources or a designated representative. Such permission will not
be unreasonably withheld.
18.7 Any employee who wishes to discuss a grievance with either a chief
xxxxxxx or xxxxxxx as provided above in this Article must first obtain
permission from his supervisor who will grant permission within two hours
depending upon the availability of the person sought.
ARTICLE XIX -- DISCHARGE AND DISCIPLINE
19.1 No employee shall be discharged, demoted or otherwise disciplined
without good and sufficient cause except during the probationary period as
provided above in Article VI. Any employee who has been discharged shall, if he
so requests, be granted an interview with his Union representative before he is
required to leave the plant, provided there is a Union representative working
on the premises.
19.2 In all cases of discharge, demotion or other discipline, the area
xxxxxxx and/or chief xxxxxxx shall be notified of the action provided such
xxxxxxx or chief xxxxxxx is working on the premises.
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19.3 The company will advise any employee of his/her right to union
representation prior to any discussion concerning performance ratings,
disciplinary action and/or discharge.
19.4 Should there be any dispute between Xxxxx and the Union concerning the
existence of good and sufficient cause for discharge, demotion or discipline,
such dispute shall be adjusted in accordance with grievance and arbitration
provisions in the Agreement starting with Step 3 within five (5) working days
after such action. The only question which may be the subject of a grievance is
whether or not the disciplined or discharged employee did or did not engage in
the specific conduct which resulted in the disciplinary action or discharge.
Performance ratings which do not necessitate disciplinary suspension and/or
discharge will not be subject to the grievance and/or arbitration procedure
unless and/or until such negative rating escalates to suspension and/or
discharge, and the only question which may be the subject of the grievance is
whether or not the disciplined employee did or did not engage in the specific
conduct which resulted in the disciplinary action.
It is also agreed where feasible, that each supervisor will make an effort to
correct unsatisfactory performance prior to the issuance of a performance
rating, and will not issue performance ratings in an arbitrary or capricious
manner.
ARTICLE XX - SHIFT PREMIUM
A shift bonus of 6% shall be paid to all employees on the second shift and 12%
to all employees on the third shift.
ARTICLE XXI - JURY WITNESS DUTY
Employees kept away from work because of mandatory jury service or subpoenaed
as a witness in any court of record or reporting for mandatory jury service,
shall be paid by the Company for the time lost up to a maximum of eight (8)
hours per day, provided the employee has given three (3) working days advance
notice or the amount of notice allowed the employee by summons if it is less
than three (3) working days, and furnishes evidence of the number of days
served. Pay for service when subpoenaed as a witness shall apply only when the
employee is subpoenaed in a case in which he is not a party. The Company will
request release from jury services only in the event of an emergency.
An employee reporting to work after being released from jury duty or witness
service will be paid for all hours worked at his straight time pay in addition
to the jury/witness pay provided above.
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ARTICLE XXII - FUNERAL LEAVE
In the event of a death in the immediate family, an employee shall be entitled
to time off to attend the funeral, not to exceed three (3) scheduled working
days. He shall be paid for his regular scheduled hours of work at his regular
wage rate.
Immediate family shall include the spouse, children, step-children, parents,
brother, sister, grandparents, parents-in-law, step-parents of the employee.
In the event of a death of an employee's grandchild, current brother-in-law or
current sister-in-law, an employee shall be entitled to time off to attend the
funeral, not to exceed (3) scheduled working days, and he shall be paid his
scheduled hours (not to exceed eight [8] hours) at his regular wage rate on the
date of the funeral.
To receive pay and excused absence(s), the employee must furnish verification
of funeral attended and relationship to the deceased.
ARTICLE XXIII - JOB CLASSIFICATIONS AND RATES OF PAY
23.1 The rates of pay shown in Schedule "A" of this Agreement will become
effective as shown in that schedule.
The rates of pay shown in Schedule "B" of this Agreement will become effective
as shown in that schedule.
The rates of pay shown in Schedule "C" of this Agreement will become effective
as shown in that schedule.
23.2 Present job classifications shall remain unchanged except by mutual
consent during the life of this Agreement.
(A.) Bids for replacements for employees leaving through normal
attrition will be for the same classification as that of the employee
who is leaving.
(B.) Classification vacancies created by the addition of production
capacity and classifications of additional cells will be established
through negotiation with a committee of the union's chief stewards and
management. Said agreement will be signed by the local representative of
the Teamsters' union.
23.3 Employees covered by this Agreement whose attendance is +2 or better,
and who do not have more than 480 hours lost time due to FMLA or 280 hours lost
time for non FMLA absence will be reviewed annually on their anniversary date
of employment and will receive $.25 per hour increase in pay until they reach
the top of their classifications. Bargaining unit employees are eligible for
merit increases in pay, but merit increases will be granted solely at the
discretion of the management and will not be subject to grievance and/or to
arbitration.
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23.4 One employee may be assigned to two machines in the same classification
if sufficient work loads on those two machines do not warrant two employees, or
to two machines simultaneously as historically performed in the past.
23.5 Employees receiving a job bid shall be placed at the minimum rate of
the classification to which they bid or at their rate of pay, whichever is
greater, unless otherwise specified in this Agreement in Article 6.4(a)10.
23.6 Xxxxx will review promotions and merit increases with appropriate union
representatives at least every six (6) months and will consider complaints
raised on behalf of employees who feel aggrieved as a result of supervisory
action under this Article, but promotions and merit increases outlined above
will not be subject to grievance and/or to arbitration.
ARTICLE XXIV ALTERATION OF AGREEMENT
24.1 No agreement alteration, understanding variation, waiver or
modification of any of the terms, conditions, or covenants contained herein
shall be made by any employee or group of employees with Xxxxx and in no case
shall it be binding upon the parties hereto unless such agreement is made and
executed in writing between the parties hereto and same has been ratified by
the Union.
24.2 The waiver of any breach of condition of this Agreement by either party
shall not constitute a precedent in the future enforcement of all terms and
conditions herein.
ARTICLE XXV - SAVING CLAUSE
In the event that any federal or state legislation, governmental regulations or
court decisions cause invalidation of any Article or Paragraph of this
Agreement, all other Articles and Paragraphs not so invalidated shall remain in
full force and effect.
ARTICLE XXVI - CAPTIONS
The headings and captions of this Agreement are for convenience and reference
only and shall in no way modify or restrict any of the terms hereof.
ARTICLE XXVII - MAINTENANCE OF BENEFITS
27.1 The company will continue to make available to bargaining unit
employees the "Employee Computer Purchase Plan" throughout the life of this
Agreement. Denials and restrictions governing the Plan by Xxxxx will not be
subjected to grievance and/or arbitration,
27.2 With the effective date of this Agreement, the company will make
available its "Education Assistance Plan" to bargaining unit employees.
Restrictions and limitations governing the Plan will not be subject to
grievance and/or arbitration.
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27.3 Xxxxx will continue to contribute 1/2 of the first six percent of an
employee's savings in the "Xxxxx Tools Savings Plan."
In addition and in replacement of the former "Xxxxx Tools Defined
Benefit Plan," (Pension Plan), with the effective date of the current
Agreement, the company will make mandatory contributions to a Defined
Contribution Plan (401-k) based on an employee's service with the company, as
shown below:
For those employees with more than one year but less than ten years'
service, the company will contribute 2% of compensation to the
employee's account.
For those employees with ten through nineteen years' service, the
company will contribute 4-1/2% of compensation to the employee's
account.
For those employees with twenty years' service and more, the company
will contribute 6% of compensation to the employee's account.
Employees with a minimum of one year of service on July 8, 1997, will
be fully vested in the Plan as of that date. Employees hired after July
8, 1997, will participate after one year, and will be fully vested
after three (3) years' service.
27.4 Effective January 1998, the company agrees to make available a network
of health and dental maintenance organization services which provide similar, if
not greater, benefits as those now offered employees.
The company agrees to make available a network of point of service/preferred
provider organization services for employees who prefer this option.
Selection of the coverage option will be decided by the employee during any
eligible enrollment period. Prior to January 1998, group meetings will be held
with employees to explain the healthcare options available and to answer
questions regarding participation options.
An employee's contribution for the coverage will be based on the coverage option
selected, but will not exceed $45 per month for a single employee or $125 per
month for an employee with dependent coverage.
Contributions for short term disability coverage will not exceed the current
contribution of $7.15 per month.
Contributions for long term disability coverage will not exceed the current
contribution of $.38 per $100.00 monthly income.
The premium for life insurance for an insured employee valued at one times
annual earnings will be borne by the company.
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Retirees will no longer be considered "active employees" under the plan.
28.4 The company will continue to make available a Flexible Benefit Plan
which allows an employee to pay insurance premiums pre-tax. Pre-tax spending
accounts will also be available for unreimbursed medical expense(s) and
dependent care expense(s). Medical expense and dependent care expense accounts
are subject to the maximums established in the Plan by the IRS and Xxxxx.
Restrictions and limitations governing the Flexible Benefit Plan will not be
subject to grievance and/or arbitration.
ARTICLE XXVIII - DUES COLLECTION
28.1 Xxxxx agrees to check off uniform Union dues the first pay period of
each month and remit the same directly to Union provided the Union shall furnish
Xxxxx an individually signed authorization from each employee upon whose behalf
said deduction is made; provided, however, the said individual authorization
shall be on the form set out below, provided further, however, the said
individual authorization shall be irrevocable and shall not exceed the duration
of this Agreement.
28.2 It is agreed that the form of authorization to be used for dues
collection shall be as follows:
Checkoff Authorization and Assignment
I, the undersigned member, hereby authorize my employer to deduct from my wages
each and every month an amount equal to the monthly dues, initiation fees and
uniform assessments of Local Union 968, and direct such amounts so deducted to
be turned over each month to the Secretary-Treasurer of such Local Union for
and on my behalf.
This authorization is voluntary and is not conditioned on my present or future
membership in the Union.
This authorization and assignment shall be irrevocable for the term of the
applicable contract between the union and the employer or for one year,
whichever is lesser, and shall automatically renew itself for successive yearly
or applicable contract periods thereafter, whichever is lesser, unless I give
written notice to the company and the union at least sixty (60) days, but not
more than seventy-five (75) days before any periodic renewal date of this
assignment of my desire to revoke same.
Signature
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Social Security Number Date
----------------------------------------- -----------
Address
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City State Zip Code
--------------------------- --------------------- ------------
Employer
-----------------------------------------------------------------------
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28.3 In addition, the company agrees to deduct from the pay of employees a
monthly deduction for D.R.I.V.E. provided the Union presents signed
authorization for such deduction to the Employer. No deduction shall be made
which is prohibited by applicable law.
28.4 If an employee is absent on account of sickness or leave of absence or
for any other reason there are no earnings due him on the pay date when dues
are deducted, the deduction will be made the next pay date when he has
sufficient earnings due him.
28.5 When an employee does not have sufficient money due him after
deductions have been made for social security, group insurance or other
deductions required by law, dues will be deducted the next pay day.
28.6 The Union agrees to indemnify and hold Xxxxx harmless against all
suits, claims or expenses by reason of the Company's reliance on the Union's
dues deductions and/or D.R.I.V.E. deduction authorizations. All complaints of
employees arising out of Union's dues, D.R.I.V.E. deduction, or fees deducted
from their pay check shall be taken up with the Union, not with the
Company.
ARTICLE XXIX - EFFECTIVE DATE AND DURATION
29.1 This Agreement shall be effective as of the 8th day of July, 1997, and
shall continue in full force and effect until midnight of the 7th day of July,
2000. Thereafter this Agreement shall continue in full force and effect from
year to year unless either party hereto shall notify the other in writing not
less than sixty (60) days prior to the expiration of the term of the Agreement
of an intention to modify or terminate this agreement. After receipt of said
notice, negotiations shall commence not later than thirty (30) days before the
expiration date of this Agreement or any renewal thereof.
29.2 The terms of this Agreement shall not be modified or changed in any way
other than by mutual consent of both parties.
29.3 The parties hereto do mutually agree that they and each of them will
respect and observe the conditions enumerated herein during the life of this
contract and the Union further agrees that is will require strict observance of
all conditions herein enumerated from its membership. Xxxxx agrees that it will
require strict observance of the conditions herein enumerated from all
management personnel.
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