EXHIBIT 11
AGREEMENT
BETWEEN
XXXXXX PRODUCTS LTD.
XXXXXX DISTRIBUTION DIVISION
DECATUR DISTRIBUTION CENTER
DECATUR, ILLINOIS
AND
TEAMSTER LOCAL NO.279 OF DECATUR, ILLINOIS
AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
AFL-CIO
JULY 15, 1998
INDEX
ARTICLE NUMBER PAGE NUMBER
-------------- -----------
ARTICLE I RECOGNITION 1
ARTICLE II UNION SHOP 2
ARTICLE III CHECK OFF 2
ARTICLE IV MAINTENANCE OF STANDARDS 3
ARTICLE V WAGES 3
ARTICLE VI SENIORITY 3
ARTICLE VII HOURS OF WORK 5
ARTICLE VIII HOLIDAYS 6
ARTICLE IX VACATIONS 7
ARTICLE X GRIEVANCE PROCEDURE 8
ARTICLE XI DISCHARGE, SUSPENSION,
UNIFORM RULES AND REGULATIONS 9
ARTICLE XII STRIKES AND LOCKOUTS 10
ARTICLE XIII UNAUTHORIZED ACTIVITY 10
ARTICLE XIV PROTECTION OF RIGHTS 11
ARTICLE XV HEALTH AND WELFARE 11
ARTICLE XVI SAFETY AND HEALTH 11
ARTICLE XVII MANAGEMENT 12
ARTICLE XVIII SEPARABILITY AND SAVINGS CLAUSE 12
ARTICLE XIX EXAMINATIONS 13
ARTICLE XX MISCELLANEOUS PROVISIONS 13
ARTICLE XXI PENSION 15
ARTICLE XXII FUNERAL LEAVE 15
ARTICLE XXIII MILITARY CLAUSE 15
ARTICLE XXIV BREAKDOWNS OR 15
IMPASSABLE HIGHWAYS
ARTICLE XXV SAVINGS CLAUSE REGARDING 16
WAGE FREEZE
ARTICLE XXVI JURY DUTY 16
ARTICLE XXVII TERMINATION OF AGREEMENT 16
APPENDIX "A" ......... 19
EXHIBIT "B" .......... 20
EXHIBIT "C" .......... 22
AGREEMENT
This Agreement, dated July 15, 1998, is between Xxxxxx Distribution, a division
of Xxxxxx Products Ltd. - Decatur Distribution Center, Decatur, Illinois, or its
successors (hereinafter referred to as the "Company"), and the Teamsters Union
Local 279 of Decatur, Illinois, affiliated with the International Brotherhood of
Teamsters, AFL-CIO, or its successors (hereinafter referred to as the "Union").
ARTICLE I - RECOGNITION
SECTION 1
The Company agrees to recognize. and does hereby recognize the Union, its
agents, representatives, or successors, as the exclusive bargaining agency for
all of the employees of the Company as herein defined.
SECTION 2
The term "employee" as used in this Agreement shall include all truck drivers.
SECTION 3
The Company will neither negotiate nor make collective bargaining agreements for
any of its employees in the bargaining unit covered hereby unless it be through
duly authorized representatives of the Union.
SECTION 4
The Company agrees that it will not sponsor or promote, financially or
otherwise, any group or labor organization for the purpose of undermining the
Union; nor will it interfere with, restrain, coerce or discriminate against any
of its employees in connection with their membership in the Union.
SECTION 5 - NON-DISCRIMINATION
The provisions of this agreement shall be applied by the Company and the Union
without discrimination with regard to age, race, color, creed, sex, handicap,
national origin, or religion, with respect to selection, placement, Union
membership, training, promotion, wage rates, and other conditions of employment.
Wherein the text of this agreement, words of masculine gender are used, they
shall be interpreted to denote neither masculine nor female gender.
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ARTICLE II - UNION SHOP
SECTION 1
The Union shall be the sole collective bargaining agent for all truck drivers
employed by Xxxxxx Distribution-Decatur, Illinois. The Company agrees that all
such employees shall become and remain members of the Union at the end of a
forty-five (45) worked days probationary period, which is subject to extension
upon request by the Company and Union concurrence as a condition of continued
employment. During such probationary period the Company is free to discharge an
employee with or without cause. At the end of such forty-five (45) worked days
period, the employee shall be placed on the regular seniority list with the
seniority starting from the first day of employment. If an employee, after the
forty-five (45) worked days trial period and extension, is a non-member of the
Union, he shall make application for membership within forty-eight (48) hours
and have his dues and initiation fee paid within sixty (60) days after initial
date of employment, and shall keep his dues paid up to date as a condition of
employment.
SECTION 2
When the Company needs additional men it shall give the Local Union equal
opportunity with all other sources to provide suitable applicants, but the
Company shall not be required to hire those referred by the Local Union.
SECTION 3
Casual drivers who work forty-five (45) days within the twelve (12) month period
will be required to become a member of the Union upon completion of the
forty-fifth (45th) day of work.
ARTICLE III - CHECK OFF
SECTION 1
The Company agrees to deduct each month from the pay checks of all employees who
are members of the Union, and who are covered by this Agreement, all dues and
initiation fees owed to the Teamsters Local Union No. 279 or its successors;
provided, however, that the employee shall have signed and submitted a notice
authorizing such action.
All dues and initiation fees deducted by the Company shall be forwarded to the
President of the Union.
SECTION 2
It is understood and agreed that any monies collected by the Company for the
Union will be taken out of the first pay period of each month for the following
month and remitted to the Union within five (5) days.
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SECTION 3
The Union shall indemnify and save the Company harmless against any and all
claims, demands, suits or other forms of liability that shall arise out of or by
reason of action taken or not taken by the Company in reliance upon written
assignments furnished to the Company by the Union or for the purpose of
complying with any of the provisions of this Article.
ARTICLE IV - MAINTENANCE OF STANDARDS
The Company agrees that all conditions of employment relating to wages, hours of
work, overtime differentials and general working conditions shall be maintained
at not less than the highest minimum standards of the Company in effect at the
time of the signing of this Agreement.
It is agreed that this written contract reflects the entire Agreement between
the parties. Amendments or clarification of this Agreement mutually agreed upon
shall be reduced to writing, attached to, and shall become part of this
contract.
ARTICLE V - WAGES
Wages shall be paid according to "Appendix A" attached hereto and made a part of
this Agreement.
ARTICLE VI - SENIORITY
SECTION 1
In case of the reduction of the force or promotions, the senior man shall have
preference when the fitness, efficiency and ability of the men to perform the
work available are equal.
In any layoff, management will advise the Shop Xxxxxxx of the individuals to be
affected as far in advance as possible.
In recalls, seniority and ability shall govern. Any employee that is laid off
shall be notified to report for work by certified mail or telephone, followed by
a certified letter. The employee so notified to report for work, and not
reporting within seven (7) days, shall be considered as refusing to return to
work and will be dropped from the recall list. It is the duty of each employee
to keep the Plant Superintendent informed as to his correct mail address and
telephone number.
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SECTION 2
The list of employees rated according to seniority is attached hereto and made a
part of this Agreement. The Company will provide a seniority list when any
change occurs but not greater than once a month to the Union office and Shop
Xxxxxxx. The seniority list shall be posted on the bulletin board.
SECTION 3
Beginners shall obtain seniority after forty-five (45) worked days of
employment, providing an extension has not been requested by the Company and
received Union concurrence. In case of layoffs, the Company shall lay off such
beginners before putting into effect the seniority policy, as stated above.
Beginners, after having fulfilled forty-five (45) worked days of continuous
service, shall date their seniority from the date they were last employed,
providing an extension of the forty-five (45) worked days' continuous service
has not been requested by the Company and received Union concurrence.
SECTION 4
Any employee desiring a leave of absence from his job shall secure written
permission from both the Union and the Company. Failure to comply with this
provision shall result in the complete loss of seniority rights of the employee
involved. Inability to work because of proven sickness or injury shall not
result in the loss of seniority rights. The Company agrees to grant the
necessary time off, not to exceed thirty (30) days in any calendar year, without
discrimination, and without pay, to any employee designated by the Union to
attend a labor convention or serve in any capacity on other Union business.
SECTION 5
Any employee who is physically or mentally disabled and cannot perform their
normal work due to non-occupational illness or accident supported by medical
evidence shall be continued on the seniority list of the Company for a period of
eighteen (18) months.
SECTION 6
The terms "continuous service" and "employed continuously" as used in this
Article shall be so construed that absence from employment due to illness,
accident, family deaths, or other similar occurrences, or layoffs by the Company
due to slack work or for other causes, shall not cause a break in the meaning of
the word "continuous" for the purpose of computing seniority, pay rates,
vacation entitlement and other provisions of this Agreement.
SECTION 7
Regular employees who leave the service of the Company to enter that of the
United States Armed Forces, or are drafted in the service of the U.S. Maritime
Commissions, or who are drafted by the United States Government for civilian
service, will upon their return, within ninety (90) days from release from such
service, be granted all seniority rights as if continuously employed by the
Company during such service, provided such is required by federal law.
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Such persons will be rehired by the Company to take the place of other persons
employed by the Company who have less seniority.
Under no circumstances will this clause be construed as to require the Company
to increase the number of its employees beyond those actually needed.
SECTION 8
No employee may be transferred from another division of the Company not covered
by this Agreement into a division covered by this Agreement without losing his
seniority.
SECTION 9
An employees seniority and his employment with the Company shall terminate upon
the occurrence of any of the following:
1. Voluntarily terminates employment
2. Discharge for cause
3. Absence exceeding the period for which a leave of absence has been
granted or extended unless the employees excuse is satisfactory to
the Company
4. Layoffs in excess of eighteen (18) months
5. Absence for three (3) consecutive scheduled working days without
prior notice to the Company
6. Failure to notify the Company within three (3) working days of an
intention to return to work (within seven (7) calendar days)
following delivery of a certified mail letter or recall from layoff
mailed to the employee's last known address
7. Acceptance of other employment while on leave of absence unless
agreed to in writing by the Company
8. Retirement
ARTICLE VII - HOURS OF WORK
SECTION 1
The Company agrees that the standard hours of work shall be eight (8) hours per
day or forty (40) hours per week, and that the workweek shall start on Monday
and end on Friday. All work in
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excess of forty-three (43) hours per week shall be paid at the rate of time and
one-half the employees straight time hourly wage rate.
SECTION 2
All work performed on Saturday shall be paid at time and one-half. All work
performed on Sunday shall be paid at double time.
SECTION 3
If a driver reports for work and is sent home because no work is available, he
shall be paid for the first four (4) hours of his scheduled work period at his
regular straight-time hourly rate. This minimum four (4) hour guarantee will
also apply if a driver reports and begins to work, but is sent home after
working less than four (4) hours of his scheduled shift.
A driver who is called back to work will be paid not less than four (4) hours
pay at his regular straight time hourly rate.
If a driver has commenced his daily trip and encounters an impassable road
condition of his trip, he will be eligible for four (4) hours of reporting pay.
The Company may utilize the employee at work other than driving trucks, if
necessary.
SECTION 4
For purposes of computing overtime when a holiday(s) occur within a workweek,
employees shall be credited for time worked.
SECTION 5
Overtime shall not be pyramided. All employees shall be paid weekly on Friday of
the week following the close of the week in which work was performed.
SECTION 6
Casual drivers will only be used when an employee who is scheduled off is not
available at the time the need arises or within a time frame required by the
Company to manage an efficient operation.
ARTICLE VIII - HOLIDAYS
SECTION 1
All employees shall receive eight (8) hours of pay at their regular hourly rate
for the following holidays, without working on such days:
New Year's Day Memorial Day
Independence Day Labor Day
Thanksgiving Day Day following Thanksgiving Day
Day before Christmas Christmas Day
Good Friday Employee's Birthday
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SECTION 2
To be eligible for holiday pay, the employee must work the full scheduled
workday before and after such holidays unless excused by the Company.
SECTION 3
Any work performed on these holidays shall be paid at double time in addition to
holiday pay. Should any of the above holidays fall on Sunday, the day observed
by decree or proclamation shall be considered the legal holiday.
SECTION 4
An employee has the following options relative to New Year's Eve, if this day is
scheduled down by the Company:
1. Unpaid.
2. Substitute for Birthday holiday.
3. Use a day of vacation.
ARTICLE IX - VACATIONS
SECTION 1
A vacation of one (1) week with pay shall be granted to any employee covered by
this Agreement who has been in the service of the Company for one (1) year. A
vacation of two (2) weeks with pay shall be granted to any employee covered by
this Agreement who has been in the service of the Company for a period of three
(3) years or more. A vacation of three (3) weeks with pay shall be granted to
any employee covered by this Agreement who has been in the service of the
Company for a period of eight (8) years or more. A vacation of four (4) weeks
with pay shall be granted to any employee covered by this Agreement who has been
in the service of the Company for a period of eighteen (18) years or more. Each
week's vacation pay shall consist of forty (40) hours at the employee's hourly
base rate.
SECTION 2
To be eligible for vacation, the employee must have worked at least one hundred
fifty (150) days within the calendar year prior to his vacation. Absence of an
employee due to an "on-the-job" injury or illness provided the employee has at
least one (1) year of seniority will be credited as time worked for vacation
eligibility.
SECTION 3
The vacation period shall be from January 1 through December 31. The choice of
vacation period shall be determined by seniority. Employees entitled to three or
more weeks vacation may take up to two (2) weeks vacation without restriction.
The third and/or fourth weeks must be scheduled between January 1st and April
1st or November 1st and December 31st of a given calendar year. If entitled, an
employee may schedule three (3) or four (4) consecutive weeks
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vacation between January 1st and April 1st or November 1st and December 31st of
a given calendar year.
SECTION 4
It is agreed that whenever a holiday falls within an employee's vacation period,
such employee shall be granted an additional day of vacation which may be taken
at a later date which has mutually been agreed to by the Company and the
employee.
SECTION 5
Any employee who leaves the service of the Company shall receive all vacation
earned but not taken.
SECTION 6
The Company shall have the right to determine vacation leaves of absence so that
such vacation leaves of absence shall not interfere with efficient operations of
the Company.
ARTICLE X - GREIVANCE PROCEDURE
SECTION 1
For the purpose of this Agreement, a grievance is defined as any dispute or
disagreement between the employee or employees and the Company of the Union and
the Company as to interpretation of this Agreement. A grievance to be timely
must be presented within five (5) scheduled working days from the time the
employee involved first knew, or could have known of the facts giving rise to
the grievance.
STEP 1: The aggrieved employee or employees shall record their grievance
on a grievance blank and present the same to the Shop Xxxxxxx. The Shop
Xxxxxxx will then attempt to settle the grievance with the xxxxxxx or
immediate supervisor of the employee as soon as possible. The Shop Xxxxxxx
shall be advised by the employee's immediate supervisor within three (3)
working days after submission of the written grievance as to the terms, if
any, upon which the Company is willing to adjust the grievance.
STEP 2: If no satisfactory adjustment is agreed upon, the matter shall be
referred by the Shop Xxxxxxx to the Plant Superintendent, or some other
executive officer of the Company, with authority to act, who shall review
the alleged grievance and offer a decision within five (5) working days
after receipt of the grievance.
STEP 3: If the grievance is not resolved in Step 2, the grievance shall be
referred to Step 3 within five (5) working days of the Company's answer in
Step 2. The General Manager and/or his designee shall meet with the
appropriate Local Union Representative to attempt to resolve the dispute.
Such meeting will be held within fifteen (15) working days of the
Company's answer in Step 2. The Company will provide a written response to
the Union within five (5) scheduled working days of the meeting.
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STEP 4: If the grievance is not resolved in Step 3, the Federal Mediation
and Conciliation Service may be requested to supply a panel of seven (7)
arbitrators. The parties will thereafter meet or otherwise confer to
select the arbitrator. The Union and the Company shall each have the right
to strike three (3) names, and the last remaining named person shall be
the arbitrator.
The procedure set forth herein may be invoked only by the authorized Union
representative or the Employer, and the time limits may be extended by
mutual agreement.
SECTION 2
Any grievance involving discharge must be presented within ten (10) calendar
days from the date of discharge.
SECTION 3
The arbitrator shall have no authority to modify, amend, revise, add to or
subtract from any of the terms of this Agreement and shall be strictly limited
to the interpretation or application of the express provisions of this
Agreement.
The decision and award of the arbitrator shall be in writing and shall be final
and binding upon the parties to the Agreement subject to any remedies at law.
The fees and expenses of the arbitrator shall be borne and divided equally
between the Company and the Union. Any expenses connected with the calling of
any witness shall be borne by the party calling such witness.
ARTICLE XI - DISCHARGE, SUSPENSION, UNIFORM RULES & REGULATIONS
SECTION 1
The Company shall not discharge any employee without just cause and shall give
at least one (1) warning notice by registered mail of any complaint regarding
quantity or quality of work to the employee in writing and a copy of same to the
Union affected, except that no warning notice need be given to an employee
before he is discharged if the cause of such discharge is dishonesty,
drunkenness, or being under the influence of liquor or drugs, hauling or being
in the possession of intoxicants or drugs during working hours, gross
insubordination, hauling unauthorized passengers, or recklessness resulting in
serious accident while on duty. A warning notice shall remain in effect for a
period of six (6) months from the date of said warning notice. Discharge shall
be by proper written notice both to the employee affected and the Union.
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Any employee may request an investigation as to his discharge. Should such
investigation prove that an injustice has been done to an employee, he shall be
reinstated and, if so agreed, compensated at his usual rate of pay while he has
been out of work. Appeal from discharge must be taken within ten (10) calendar
days by written notice and a decision reached within ten (10) days from the date
discharged.
SECTION 2
The Union will not tolerate the misuse or willful destruction of the Company's
equipment by any of its members. A warning notice will be given, except in
deliberate case of abuse.
ARTICLE XII - STRIKES AND LOCKOUTS
The Union agrees that during the term of this Agreement neither the Union nor
its agents nor its members will authorize, instigate, aid, condone, or engage in
any work stoppage or strike. The Company agrees that during the same period
there shall be no lockouts.
ARTICLE XIII - UNAUTHORIZED ACTIVITY
It is understood and agreed that the Union shall have no financial liability for
acts of its members or agents which are unauthorized and which he Union cannot
control. It is agreed, however, that in the event of any such unauthorized
action the Union shall, upon receiving notice thereof, urge its members to
return to work if there should be a work stoppage and, just as soon as
practical, address a letter to the Company notifying the Company that the action
of the Union members or agents is unauthorized.
The Company shall be privileged to discipline employees responsible for such
unauthorized activities without violation of the terms of this Agreement;
subject, however, to the grievance and arbitration provisions of this Agreement.
In order that the Company may be apprised of the officer of the Union empowered
to authorize strikes, work stoppages, or actions which will interfere with the
activities required of employees under this Agreement, it is understood and
agreed that only the President of the Union has the power or authority to
authorize any such action or give the orders or directions necessary to carry
out any such action.
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ARTICLE XIV -PROTECTION OF RIGHTS
It shall not be a violation of this Agreement, and it shall not be cause for
discharge, if any employee refuses to go through a picket line legally
authorized by a striking Union. The Union agrees that in the event the Company
becomes involved in a controversy with any other Union, the Union will do all in
its power to effect a fair settlement.
ARTICLE XV - HEALTH AND WELFARE
The Company and the Union have agreed to a program of health and welfare
benefits for employees in the bargaining unit represented by the Union and
covered by this Agreement. Said program is set forth in the document "Xxxxxx
Products Ltd. - Decatur Teamsters." (See attached Exhibits B and C.) Said plan
and all terms and conditions thereof shall be deemed to be a part of this
Agreement as if solely set forth herein.
The Company may change the carrier for any benefit provided that the benefit is
equal to or better than the former benefit. Prior to making any change in
carrier, the Company shall provide the Union with thirty (30) days notice of the
changes.
The Dental Assistance Plan (Exhibit B) and Comprehensive Medical Benefits
(Exhibit C) shall be paid 85% Company and 15% Employee. The employee's
contribution as a percentage of the plan costs shall be adjusted on the first of
each calendar year, except that the current level of employee contribution will
be frozen until January 1, 2000.
ARTICLE XVI -SAFETY AND HEALTH
SECTION 1
The Company shall continue to make reasonable provisions for the safety and
health of its employees at the plant during the hours of employment. Protective
devices on equipment necessary to properly protect employees from injury shall
be provided by the Company. All safety equipment required by the company,
excluding safety shoes, will be supplied by the Company at no cost to the
employee.
SECTION 2
If any employee feels the equipment assigned is unsafe or does not conform to
all applicable federal and state safety laws, such complaint is applicable to
the Grievance Procedure - Article X.
It shall be up to the individual driver to decide if the roads are safe to
travel during the winter season.
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SECTION 3
It is hereby understood and agreed that drivers will be required to wear OSHA
approved safety shoes during regular working hours. The company agrees to pay an
annual safety shoe allowance of sixty dollars ($60.00) for each full-time
driver. All three years of the allowance is to be paid to existing drivers upon
ratification of this Agreement. New drivers, hired after the ratification of
this Agreement, will receive the annual allowance of sixty ($60.00) at the first
of the year following the satisfaction of their probationary period, and
annually thereafter on the first day of each year of this Agreement. Casual
drivers will be required to wear safety shoes.
ARTICLE XVII - MANAGEMENT
The right to hire, maintain order and efficiency is the sole responsibility of
the Management. The right to promote and the right to discipline and discharge
for cause is likewise the sole responsibility of the Management; provided,
however, such promotions, discipline or discharge shall not be contrary to the
letter or spirit of this Agreement.
The Union recognizes other rights and responsibilities belonging solely to
Management, common among which, but by no means wholly inclusive, are the rights
to decide the products to be manufactured, the standard of quality of products
and workmanship and schedules of production.
The Company construes and the Union recognizes the provisions of this Agreement
as constituting limitations and being the only limitation upon Management's
rights to manage its business.
ARTICLE XVIII - SEPARABILITY AND SAVINGS CLAUSE
If any Article or Section of the Agreement or if any riders thereto should be
held invalid by operation of law or by any tribunal of competent jurisdiction,
or if compliance with or enforcement of any Article or Section should be
restrained by such tribunal pending a final determination as to its validity,
the remainder of the Agreement and of any rider thereto, or the application of
such Article or Section to persons or circumstances other than those as to which
it has been held invalid or as to which compliance with or enforcement of has
been restrained, shall not be affected thereby.
In the event that any Article or Section is held invalid or enforcement of or
compliance with which has been restrained, as above set forth, the parties
affected thereby shall enter into immediate collective bargaining negotiations,
upon the request of the Union or Company, for the purpose of arriving at a
mutually satisfactory replacement for such Article or Section during the period
of invalidity or restraint. If the parties do not agree on a mutually
satisfactory replacement, either party shall be permitted to all legal or
economic recourse in support of its demands notwithstanding any provision in
this Agreement to the contrary.
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ARTICLE XIX - EXAMINATIONS
Physical, mental or other examinations required by a government body or the
Company shall be promptly complied with by all employees; provided, however, the
Company shall pay for all such examinations. The Company shall not pay for any
time spent in the case of applicants for jobs, but shall be responsible to other
employees for all time spent at the place of examination or examinations.
Examinations are to be taken at the employees home terminal.
The Company reserves the right to select its own medical examiner or physician,
and the Union may, if it believes an injustice has been done an employee, have
said employee re-examined at the Union's expense.
ARTICLE XX - MISCELLANEOUS PROVISIONS
SECTION 1
The Company agrees to post within the business premises such proper notices of
Union meetings, etc., as may be delivered to it by the Union.
SECTION 2
An authorized representative of the Union shall have access at all times during
working hours to the Company's premises for the purpose of conferring with the
officers of the Union, the Shop Xxxxxxx and the Company's officials, providing
the Union notifies the Branch Manager or a Management representative.
SECTION 3
Drivers shall not be allowed to haul any merchandise, tools, or equipment loose
in the cab of the trucks.
SECTION 4
If any employee is required by the Company to attend school or safety meetings,
he shall be paid for the time spent in such activity at the rate he would have
been earning under this Agreement if he had been working. An employee who
attends school voluntarily or under a voluntary plan set up by the Company shall
not be paid for the time spent in said voluntary attendance. The pay provisions
of the reporting pay and call in pay of this Agreement do not apply in the case
of safety meetings as such.
SECTION 5
In case of authorized overnight trips, meals and pre-approved lodging shall be
paid for by the Company. Meals shall be evening and breakfast. Reimbursable
expenses incurred by drivers will be paid by the Company within twenty-four (24)
hours after the driver submits his expense report with required expense
receipts.
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SECTION 6
No employee shall be held responsible for damage done to trucks operated by him
or merchandise under his charge, except where such employee is clearly
neglectful or at fault.
SECTION 7
The Company agrees to provide uniforms for employees. The Company agrees to
purchase five (5) uniforms for each new driver after completion of their
probationary period, and it will be the driver's responsibility to maintain and
wash these uniforms. The Company also agrees to replace any worn out, or
improperly fitting uniforms that are returned to the Company. (5 trousers, 5
long sleeved shirts, and 5 short sleeved shirts.) The Company may, at its
discretion, replace or alter uniforms that become ill-fitted.
SECTION 8
The one-half (1/2) hour unpaid lunch period may be taken at the driver's
discretion. However, if a driver works through his lunch period, he should note
the periods as "worked" on his time card. If there is computer confirmation, the
one-half hour will be paid.
SECTION 9
An employee suffering injury on the job shall not lose any pay due to same on
day of injury, providing such injury requires confinement or loss of time. Such
injury shall be reported and medical attention shall be sought if nature of
injury and Company requires same.
SECTION 10
In case of any breakdowns out of town, the Company shall pay for the following
expenses: hotel bills, meals, transportation and wages for all time spent with
equipment, unless such breakdown is caused clearly by the fault or neglect of
the employee. All breakdowns shall be reported promptly to the Company.
SECTION 11
The Company shall furnish Sickness and Accident insurance which shall pay to the
employee, eighth (8th) day of sickness and from the first (1st) day of
off-the-premises accident or hospitalization, the sum of one-hundred sixty-five
dollars ($165.O0) per week for a period of twenty-six (26) weeks. Effective July
17, 1997 the weekly payment will be increased to one hundred seventy dollars
($170.00) per week for a period of twenty-six (26) weeks.
SECTION 12
The Company agrees to compensate the Union Xxxxxxx for one-half the hours lost
due to regular contract negotiations up to a maximum of four (4) hours in any
one work day. Compensation will be made based on the xxxxxxx'x straight time
hourly wage rate. The Union agrees to reimburse the xxxxxxx up to four (4) hours
in any one work day spent in contractual negotiations.
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ARTICLE XXI - PENSION
SECTION 1
The Company and the Union have agreed to a program of pension benefits for
employees in the bargaining unit represented by the Union and covered by this
Agreement. Said program is set forth in the document "Xxxxxx Products Ltd.
Hourly Employees' Pension Plan", - a copy of which has been given to the Union.
It is further agreed by the Company and the Union that effective on July 31,
1998, benefit service and benefit levels for employees who were entitled to the
aforementioned benefit at the time of the ratification of this agreement will be
frozen. No new employee will become a participant in this plan.
From August 1, 1998 employees will be eligible to participate in the Company's
Profit Sharing and 401K Plan as described in the Summary Plan Description
provided to the Union.
ARTICLE XXII - FUNERAL LEAVE
In case of death of mother, mother-in-law, father, father-in-law, brother,
sister, husband, wife, child, or grandparents, the Company will grant a leave of
absence with pay from day of death until and including day of funeral, not to
exceed three (3) working days.
ARTICLE XXIII - MILITARY CLAUSE
Employees enlisting or entering the military or naval service of the United
States, pursuant to the provisions of the Military Selective Service Act of
1967, as amended, shall be granted all rights and privileges provided by the
Act.
ARTICLE XXIV - BREAKDOWNS OR IMPASSABLE HIGHWAYS
On breakdowns or impassable highways, drivers on all runs shall be paid the
minimum hourly rate for all time spent on such delays, commencing with the first
hour or fraction thereof, but not to exceed more than eight (8) hours out of
each twenty-four (24) hour period, except that when an employee is required to
remain with his equipment during such breakdown or impassable highway, he shall
be paid for all such delay time at the rate specified in this Agreement.
15
Time required to be spent with the equipment shall not be included within the
first eight (8) hours out of each twenty-four (24) hour period for which a
driver is compensated on breakdowns or impassable highways, but must be paid for
in addition.
Where an employee is held longer than an eight (8) hour period, he shall, in
addition, be furnished clean, comfortable, sanitary lodging, plus meals. The pay
for delay time shall be in addition to monies earned for miles driven and/or
work performed.
ARTICLE XXV - SAVINGS CLAUSE REGARDING WAGE FREEZE
If any proposal submitted by the Union, if granted, may not be put into effect
because of applicable legislation, executive orders or regulations dealing with
Wage and Price Stabilization, then such proposals or any part thereof, including
any retroactive requirement thereof, shall become effective at such time, in
such amounts, and for such periods, retroactively and prospectively, as will be
permitted by law at any time during the life of this Agreement and any extension
thereof.
ARTICLE XXVI - JURY DUTY
Employees actively employed who have one (1) year or more of seniority and who
are required to serve on a jury panel shall (upon presentation to the Company of
satisfactory evidence of their being required to serve, their time spent in jury
service and the amount of compensation received) be paid the difference between
their straight-time hourly rate of pay (based upon eight (8) hours per day) and
the amount of compensation received for jury service for a maximum period of two
(2) weeks during any calendar year. Employees will report to work on the
scheduled workday following release from jury service.
ARTICLE XXVII - TERMINATION OF AGREEMENT
This Agreement shall become effective as of the 15th day of July 1998, and shall
remain in full force and effect until the 15th day of July 2001.
Notification may be given at least sixty (60) days prior to the expiration date
by either of the parties hereto.
Should notice of termination or desired modification be given in the manner
provided for above, the party desiring the same shall:
16
1. Offer to meet and confer with the other party for the purpose of
negotiating a new agreement or an agreement containing the proposed
modifications.
2. Notify the Federal Mediation and Conciliation Service within thirty
(30) days after such notice of the existence of a dispute, and
simultaneously, therewith, notify any state agency established to mediate
disputes within the state, provided no agreement has been reached by that
time.
3. Continue in full force and effect, without resorting to strike or
lockout, all the terms and conditions of this Agreement for a period of
sixty (60) days after such notice is given or until the expiration date of
this Agreement, whichever occurs later.
In the process of bargaining in good faith for a new Agreement or an Agreement
containing the desired modifications, the parties recognize the fact that it may
be necessary to continue their negotiations after the date upon which this
Agreement legally terminates, and in order to provide for their duties and
obligations for the period of time between the termination date of this
Agreement and the date upon which they conclude a new Agreement or one
containing the desired modifications, it is understood and agreed as follows:
1. The parties shall continue to bargain and negotiate in good faith in an
effort to reach a complete agreement and understanding covering the terms
and provisions of a new Agreement to take the place of this one or an
Agreement containing the desired modifications, and such negotiations
shall continue until either a complete agreement and understanding is
reached, or until either or both parties conclude that it is not probable
that further negotiations will result in an Agreement.
2. All of the terms and provisions of this Agreement shall be continued in
full force and effect and extended from the termination date hereof to
such time as the parties either enter into a new Agreement or an Agreement
containing the desired modifications, or terminate further negotiations in
the manner above mentioned.
17
Post Office address of the Union: 0000 Xxxx Xxxxxxx Xxxxxx
Xxxxxxx, XX 00000
Post Office address of the Company: 0000 Xxxxx 00xx Xxxxxx
Xxxxxxx, XX 00000
FOR THE COMPANY: FOR THE UNION:
XXXXXX PRODUCTS LTD. TEAMSTERS UNION LOCAL NO. 279
/s/ Xxxxxxx X. Xxxxx /s/ Xxx X. Xxxxx
------------------------------ -----------------------------
Xxxxxxx X. Xxxxx Xxx X. Xxxxx
Vice President-Human Resources President & Business Agent
Xxxxxx Products Ltd. Teamsters Union Local 279
18
APPENDIX 'A'
It is agreed that Appendix A shall be attached to and become a part of the
Agreement existing by and between Xxxxxx Products Ltd. and Teamsters Union Local
No. 279.
1. Wage Rates:
Effective July 15, 1998
Driver's Rate $12.41 per hour
Effective July 5, 1999
Driver's Rate $12.71 per hour
Effective July 15, 2000
Driver's Rate $12.96 per hour
2. Shift Differential
Twenty Cents ($0.20) per hour shift differential for night shuttle driver.
3. New employees hired after July 15, 1995 will be compensated in accordance
with the following schedule:
(1) 0-6 months service 85% of base rate
(2) 6-12 months service 90% of base rate
(3) 12-18 months service 95% of base rate
(4) 18+ months service 100% of base rate
19
EXHIBIT B
DENTAL ASSISTANCE PLAN
HOW THE PLAN WORKS
The Dental Assistance Plan covers four types of dental care:
CLASS A - Preventive and Diagnostic Services
-routine cleaning
-oral exams (Up to twice in a 12-month period.)
-topical application of fluoride
The Plan is designed to encourage you and your family to see your dentist
regularly for check-ups. Therefore, no deductible need be met for Preventive and
Diagnostic Services. In addition, the amount of your reimbursement will be 100%.
CLASS B - Basic Restorative Services
-fillings -periodontic (gum) treatment
-extractions -repair of crowns, bridges, and dentures
-root canal therapy -anesthesia
-oral surgery
After you meet the deductible (described below), you will be reimbursed at the
rate of 80% of reasonable and customary charges for Basic Restorative Services.
CLASS C - Major Restorative Services
-crowns
-bridges
-dentures
After you meet the deductible, you will be reimbursed at the rate of 50% of
reasonable and customary charges for Major Restorative Services.
20
CLASS D - Orthodontic Services
-treatment to straighten teeth
After you meet the deductible, you will be reimbursed at the rate of 50% of
reasonable and customary charges for Orthodontic Services - up to a lifetime
maximum of $500 for each covered person.
THE DEDUCTIBLE
Payments for all dental services except CLASS A Preventive and Diagnostic
Services will start after you meet the annual deductible.
Annual Deductible
$35.00 per person ($70.00 family maximum)
MAXIMUM BENEFITS
The Plan will pay up to $1000 per year for each covered person for Class A,
Class B, and Class C Services combined. For Class D Services, there is a
lifetime maximum of $500 for each covered person.
21
EXHIBIT "C"
HEALTH and Life BENEFITS
For You and Your Dependents
Health and Life Insurance:
Health and life insurance benefits are described on the following pages. The
schedule of health benefits described herein are to be provided through a
Preferred Provider Organization.
Supplemental Life Insurance:
Employee can purchase an additional amount of insurance with additional
Accidental Death and Dismemberment equal to the amount in force at $0.21 per
thousand per month.
22
SCHEDULE OF BENEFITS
EFFECTIVE
APRIL 1, 1998
-------------
BASIC LIFE/AD&D
1x ANNUAL EARNINGS
(2,080 HRS x BASE HRLY
RATE) 7/1/98 AVG. $24,000
SHORT TERM DISABILITY
BENEFITS BEGIN: ACCIDENT 1ST DAY
INPT. HOSP. OR
OUTPT. SURGERY 1ST DAY
SICKNESS 8TH DAY
BENEFITS PAYABLE FOR 26 WEEKS
BENEFIT AMOUNT $170
DENTAL
DEDUCTIBLE $35/$70
PREVENTIVE 100% (NO DED.)
BASIC 80%
MAJOR 50%
ORTHODONTIC 50%
ORTHO MAX. $1,000
ANNUAL MAX. $1,000
EMPLOYEE CONTRIBUTIONS
EFFECTIVE JULY 1, 1998
PLAN A (ALL BENEFITS)
WEEKLY
------
SINGLE FAMILY
------ -------
WEEKLY CONTRIBUTION $ 7.49 $ 18.57
SEC. 125 TAX SAVINGS (27%) 2.02 5.01
------ -------
WEEKLY NET EFFECT ON CHECK $ 5.47 $ 13.56
EFFECTIVE 1/1/00 AND 1/1/01, THE CONTRIBUTIONS WILL BE ADJUSTED TO BE EQUAL TO
15% OF THE THEN CURRENT XXXXXX PPO MEDICAL AND DENTAL PLAN COSTS
PLAN B
LIFE/AD&D DIS. DENT FAMILY
------------------- ------
WEEKLY CONTRIBUTION $ 2.00
SEC. 125 TAX SAVINGS (24%) (.54)
------
WEEKLY NET EFFECT ON CHECK $ 1.46
PLAN C
LIFE/AD&D AND DISABILITY NO EMPLOYEE CONTRIBUTION
July 7, 1998
XXXXXX PPO MEDICAL PLAN
DECATUR TEAMSTERS LOCAL #279 EMPLOYEES
EFFECTIVE AUGUST 1, 1998
IN-NETWORK AREA NON-NETWORK AREA
--------------- ----------------
IN-NETWORK OUT-OF-NETWORK
---------- --------------
DEDUCTIBLE:
INDIVIDUAL $200
FAMILY MAX. $400
COINSURANCE 90% 70% 80%
BREAKPOINT:
INDIVIDUAL $10,000
FAMILY $10,000
OUT-OF-POCKET LIMIT:
INDIVIDUAL $1,200 $3,200 $2,200
FAMILY $1,400 $3,400 $2,400
OFFICE VISITS $15 COPAY THEN DED. THEN 70% DED. THEN 80%
100%, NO DED.
PREVENTIVE BENEFITS
ROUTINE PAP SMEAR NO DED. - 100% NOT COVERED NO DED. - 100%
ROUTINE PHYSICALS 100%, NO DED. NOT COVERED 100%, NO DED.
MAMMOGRAMS MAMMOGRAMS
PROSTATE EXAM PROSTATE EXAM
BLOOD TESTS BLOOD TESTS
CHEST X-RAY CHEST X-RAY
EKG EKG
URINALYSIS URINALYSIS
OTHER APPROPRIATE OTHER APPROPRIATE
TESTS TESTS
MEDICAL BENEFIT COMPARISON
IN-NETWORK AREA NON-NETWORK AREA
--------------- ----------------
IN-NETWORK OUT-OF-NETWORK
---------- --------------
WELL CHILD CARE 100%, NO DED. NOT COVERED 100%, NO DED.
OFFICE VISITS OFFICE VISITS
MEDICAL EXAMS MEDICAL EXAMS
IMMUNIZATIONS IMMUNIZATIONS
(NO AGE LIMIT) (NO AGE LIMIT)
ALL PREVENTIVE - ALL PREVENTIVE -
$300 ANNUAL MAX. $300 ANNUAL MAX.
SUPPLEMENTAL
ACCIDENT DED./90% (ER 80%) DED./70% DED./80%
PRESCRIPTION DRUGS DISCOUNT CARD
AUTO CLAIM FILING
DED., THEN 80%
(O.C.'S NOT COVERED)
HOME HEALTH CARE DED./80% DED./80%
SKILLED NURSING
FACILITY DED./80% DED./80%
HOSPICE DED./80% DED./80%
BIRTHING CENTER DED./90% DED./70% DED./80%
PRE- AND POST-ADMSN.
TESTING DED./90% DED./70% DED./80%
SECOND SURGICAL
OPINION $15 COPAY THEN DED./70% DED./80%
100% (NO DED.)
OUTPATIENT SURGERY DED./90% DED./70% DED./80%
MEDICAL BENEFIT COMPARISON
IN-NETWORK AREA NON-NETWORK AREA
--------------- ----------------
IN-NETWORK OUT-OF-NETWORK
---------- --------------
MENTAL, NERVOUS & SUBSTANCE ABUSE
INPATIENT DED./90% DED./70% DED./80%
30 DAYS CAL. YR.
60 DAYS LIFETIME
OUTPATIENT DED./50% TO $50 BENEFIT
PAYMENT
XXX. MAX. 50 VISITS
150 VISITS LIFETIME MAX.
CHIROPRACTIC DED./80%
ANNUAL MAXIMUM $500
LIFETIME MAXIMUM $2,000
LIFETIME BENEFIT LIMIT $1,000,000
PRE-EXISTING
CONDITIONS NONE FOR NEW EMPLOYEES
COORDINATION OF
BENEFITS "INTEGRATION" - TOTAL
PAYMENT LIMITED TO PPO
SCHEDULE OF BENEFITS
ELIGIBLE DEPENDENTS SPOUSE - CHILDREN 19,
STUDENTS 25 AND GRAND-
CHILDREN IF CHILD/MOTHER
COVERED
PLAN ADMINISTRATOR GREAT-WEST LIFE
ADVANTAGES
OF USING "IN" NETWORK PROVIDERS
HIGHER BENEFITS 90% VS. 70% COVERAGE
OFFICE VISIT "COPAY" ($15) VS. DEDUCTIBLE & COINSURANCE
PREVENTIVE CARE EXPENSES NOW COVERED
NO CLAIM FORMS
NO "REASONABLE & CUSTOMARY" PROBLEMS
NO PRECERTIFICATION RESPONSIBILITY
(OUT OF NETWORK PENALTY $250 VS. OLD 50% TO $1,000)
DECATUR
UNIQUE SITUATION
DECATUR MEMORIAL IS CONTRACTED WITH "ONE HEALTH" (GWL PPO CO.)
PHYSICIAN SOLICITATION IS UNDERWAY - DIFFICULT
NO ORGANIZATION
INDIVIDUAL DOCTORS
(NEED NAMES OF DOCTORS & HOSPITALS USED BY XXXXXX EMPLOYEES)
CURRENT "ACCESSIBILITY" NOT SUFFICIENT TO MAKE A "NETWORK"
INTERIM PLAN: DECATUR MEMORIAL IS "IN-NETWORK WITH 90% BENEFIT
OTHER HOSPITALS IN THE AREA ARE "OUT OF AREA" WITH 80% BENEFIT
ALL PHYSICIANS WILL BE CONSIDERED OUT OF AREA WITH 80% BENEFIT
UNTIL SUCH TIME THAT AN ADEQUATE "ACCESSIBLE" NETWORK IS
ESTABLISHED
WHEN NETWORK BECOMES ESTABLISHED, THE PLAN WILL BE CHANGED TO
A TRUE PPO:
A. 90% IN AND 70% OUT OF NETWORK FOR ALL PROVIDERS
B. PREVENTIVE COVERAGE ONLY FOR IN-NETWORK PROVIDERS
C. $15 COPAY FOR IN-NETWORK OFFICE VISITS BENEFIT
