Attachment C(3)
CONFIDENTIAL
AGREEMENT
Between
Nice Specialty Bearings Division
SKF Bearing Industries
and
United Steelworkers
of America (AFL-CIO)
and its
Local 6326
Effective October 26, 1996
[Union Logo]
TABLE OF CONTENTS
Article Page
I Union Recognition....................................... 1
II Union Security.......................................... 2
III Check Off of Dues....................................... 3
IV Seniority............................................... 4
V Transfers and Seniority................................. 5
VI Layoff and Hiring Procedure............................. 15
VII Leave of Absence........................................ 19
VIII Grievance Procedure..................................... 21
IX Vacations............................................... 24
X Hours of Employment and Overtime Payments............... 29
XI Wages................................................... 35
XII Hospitalization and General Welfare..................... 36
XIII Holidays................................................ 41
XIV Pension Benefits........................................ 42
XV Safety and Health....................................... 46
XVI General................................................. 49
XVII Good Faith.............................................. 53
XVIII Craft Trades............................................ 54
XIX Plant Shutdown.......................................... 55
XX Termination and Notice.................................. 56
Appendix "A"........................................................ 64
Appendix "B"........................................................ 58
AGREEMENT
The Agreement dated October 26, 1996, is entered into between NICE BEARING
PRODUCTS, DIVISION OF SKF USA, INC., hereinafter referred to as the "Company",
and the UNITED STEELWORKERS OF AMERICA, AFL-CIO, hereinafter referred to as the
"Union", on behalf of itself and the members of Local Union No. 6326.
WITNESSETH:
WHEREAS, the Company recognizes the Union as the sole collective bargaining
agency for all employees of the said Company and its manufacturing and
processing plant located in Kulpsville, Pennsylvania, exclusive of employees
performing the duties of superintendents, assistant superintendents, foremen and
the other supervisors, plant protection employees, and office employees; and
WHEREAS, it is the intent and purpose hereof to promote, encourage and
improve industrial and economic relations between the Company and employees and
to set forth herein the rate of pay, hours of work, and conditions of employment
to be observed between the parties hereto, to be effective with the date of
final agreement;
NOW, THEREFORE, in consideration of the promises and mutual agreements
hereinafter contained, it is agreed as follows:
ARTICLE I
Union Recognition
Section 1. The Company recognizes the Union as the certified collective
bargaining agent for all of its production
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and maintenance employees engaged on jobs in the Company's Kulpsville,
Pennsylvania plant, excluding clerical employees, plant protection employees,
general office employees, and supervisory employees as defined in the Act
(National Labor Relations Act of 1947).
Section 2. The Company recognizes the right of labor to organize in order to
promote the interests and welfare of labor and to bargain effectively and will
not interfere with the right of employees to become members of the Union, nor
will it discriminate against employees for filing or causing to be filed a just
grievance or because of membership in the Union, or against any officer or
representative elected or appointed to act in behalf of the Union pursuant to
the terms of the Agreement.
The Union recognizes that the management of business and the direction of
its workforce are exclusively the right of Management in all respect not
inconsistent with the specific provisions of the Agreement or any law, and it is
understood that any matters not covered with respect to same shall rest within
the sound discretion of Management. Management will receive and consider any
suggestions from the Union with respect to the exercise of the rights herein
reserved.
Section 3. The term "he" or "his" as used in this Agreement, shall apply to
both male and female employees.
ARTICLE II
Union Security
Section 1. All employees who are members of the Union as of the signing of
this Agreement shall remain members of the Union as a condition of continued
employment with the Company.
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Section 2. All employees who are not now members of the Union shall be
required, as a condition of continued employment, to become members not later
than thirty (30) days after the signing of this Agreement and must remain
members of the Union.
Section 3. All employees hired or transferred into the bargaining unit
subsequent to the date of the signing of this Agreement, shall immediately upon
completion of thirty (30) days employment, acquire and maintain membership in
the Union as a condition of continued employment with the Company.
ARTICLE III
Check-off Dues
Section 1. The Company, for those employees who have heretofore or hereafter
by written authorization so directed, shall deduct from the second pay of each
month, for the preceding month, an initiation fee for the new members, and the
proper Union dues for all members and promptly remit same to the International
Treasurer of the Union.
The written authorization submitted is deemed to be only an authority for
the Company to deduct dues and initiation fees as set forth in the Union's form.
Section 2. The Company agrees to compute union dues on the basis of earnings
in the preceeding month. Further, it is agreed that PAC contributions are done
no more than once per year. In case of earnings insufficient to cover deduction
of dues, the dues shall be deducted from the next deduction period or next pay
in which there are sufficient earnings.
(a.) In case of earnings of less than sixteen (16) hours,
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dues will not be deducted. They will be deducted from the next pay which is
sixteen (16) or more hours.
Section 3. The Union shall indemnify the Company and hold it harmless
against any and all suits, claims, demands and liabilities that shall arise out
of by reason of any action taken by the Company for the purpose of complying
with the provisions of Sections 1 and 2 of this Article.
Section 4. The Company, for those employees who have heretofore by written
authorization so directed, shall deduct $5.00 from one pay per year for P.A.C.
ARTICLE IV
Seniority
Section 1. The Company hereby recognizes its obligations to its employees of
long, and faithful service and hereby agrees to strictly adhere to the rule of
departmental seniority in laying off and rehiring employees, except, as noted
hereafter.
Section 2. (a) The basis for the accumulation of depart-mental seniority
will be time in excess of ninety (90) days. Time lost due to leave of absence
for more than two (2) weeks duration is not applicable to this calculation.
(b) No loss of seniority occurs during layoff except that employees who are
laid off with less than one (1) year of seniority shall not accrue time for
pension and vacation purposes. Should layoff exceed thirty-six (36) months, all
employment rights will cease; except that employees with more than one year of
service shall not accrue time for pension and vacation purposes beyond
thirty-six (36) months.
Section 3. (a) An employee may acquire seniority rights by working (90)
continuous days within a department, in
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which event the employee's departmental seniority will date back (90) days. When
an employee acquires seniority, his name shall be placed on the seniority list
in this department. New employees who have worked less than ninty (90) calendar
days shall be classified as probationary employees. There shall be no
responsibility for re-employment of such employees if they are laid or
discharged during this period.
If a newly hired employee does not acquire ninty (90) days Seniority in any
one department his total seniority will be applied to the department in which he
was hired, after that employee attains ninty(90) days seniority
Benefits for newly hired employees will begin after sixty (60) days.
(b) It is mutually agreed that seniority departments and department
seniority of employees as theretofore agreed upon will remain in effect unless
regrouping of seniority departments is otherwise agreed upon between the Company
and the Union. Whether new departments shall be included in an existing
department or shall constitute a new seniority department will be determined by
agreement between the Company and the Union.
(c) The following are the seniority departments heretofore agreed upon:
1. Automatics
2. Grinding
3. Hardening
4. Quality
5. Labor Pool
6. Lathe
7. Maintenance
8. Packing
9. Precision Assembly
10. Material Handlers
11. Toolroom
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Section 4. In the event of a reduction or layoff in a department, an
employee of one classification may bump a junior employee who is in a different
classification, providing the senior employee can demonstrate proficiency on the
job within two (2) weeks. He will be given an additional two (2) weeks to
qualify.
In such cases, the Company will give said senior employee a trial in the job
unless the senior employee definitely does not have the necessary qualifications
to perform the job satisfactorily. (If the employee is not performing at the job
satisfactorily in this period, the Company will attempt to place him on another
job consistent with his seniority, after discussing the matter with the Union).
(a) If an employee is reduced in a job which has a substitute, that employee
may take the substitute job provided he has more seniority than the employee who
presently holds that substitute job.
(b) When an employee bids into a department other than his own, he will
acquire his full seniority in the new department after he spends sixty (60)
consecutive days within a one year span.
Section 5. The Company agrees to notify the Union within two (2) days, in
writing, of the hiring date of any new employee.
Section 6. The seniority of an employee shall be considered broken, all
rights forfeited and there is no obligation to rehire when he:
(a) Voluntarily leaves the services of the Company or is discharged for
cause.
(b) Fails to return to work within five (5) working days after being
notified by telephone unless prevented to do so because of sickness, injuries,
or causes beyond his control and the Company is notified prior to the end of the
fifth
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working day. In such event, he shall be given a reasonable time in which to
report for duty. The date of return shall not be later than one (1) year
thereafter. Such a condition shall not prevent employees next in service from
being employed during the interim. In instances where notification is by
certified mail only, the five (5) days commence with the receipt of the letter
by the employee. In any event, if there is no response within (2) weeks, the
employee whom the Company is unable to reach will be terminated.
(c) Is absent for three (3) consecutive working days without notice.
Section 7. The members of the Union contract negotiations committee shall
have top seniority insofar as layoffs are concerned for the duration of any
negotiating period. For purposes of layoff and rehire, the officers of the Union
shall have plantwide and departmental seniority in the following order:
President, Grievance Chairman, Vice-President and Grievance Committee providing
they have the ability to perform whatever jobs are available. No layoff notice
is required if one of the aforementioned leaves his office. The Union agrees to
keep its list of officers and stewards up to date and will hold the Company
blameless if list is not kept current. If the law is changed to reflect previous
contractual under-standings, language included in the 1980 contract will apply.
Section 8. If an employee is disabled as a result of a noncompensable
accident, or suffers a health problem that makes it impossible for him to
perform his normal duties, the Company will attempt to place him in another job
within his capabilities seniority permitting. If this is not the employee's
department in which he holds seniority, he will assume seniority in the new
department after sixty (60) consecutive days. Whether the employee's disability
is considered temporary or permanent will be determined by the appropriate Union
and Company representatives.
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ARTICLE V
Transfers and Seniority
Section 1. (a) If an employee transfers from one seniority department to
another through posting of job awards, he shall retain such seniority rights
within the department that had at the date of transfer, and in the case of a
reduction in labor force within the new department, the employee shall have the
right to return to his original seniority department providing he is qualified
to do the job. Seniority in the new department shall begin as of the day of
transfer, provided that the employee has been accepted in the new department.
Full seniority (that is continuous time worked for the Company) will be
recognized for Company transfer prior to October 15, 1949.
(b) If the employee is disqualified within a period of sixty (60) days, he
shall return to his original seniority department and the job he held at the
time of award. Such employee shall then be restricted from bidding out of his
department for a period of six (6) months.
(c) If an employee disqualified himself within a period of sixty (60) days,
he shall return to his original seniority department and the job he held at the
time of award. Such employee shall then be restricted from bidding out of his
department for a period of six (6) months, except to fill a job that would
otherwise be sent outside for hire. This would not restrict the employee from
bidding on jobs within the department.
(d) When an employee goes to another department by bid, that employee shall
acquire full seniority rights in the new department after sixty (60) consecutive
days. An employee who bids and is accepted on a job in another department wil be
restricted from bidding again for six (6) months, except as in Section 1-b
above.
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(e) If an employee bids off an upgrade job within his department he will
return to the base of the department on the same shift providing he has the
seniority. If he does not have the seniority, he will move to the shift of the
least senior employee in the base and will be restricted from bidding on other
jobs within the department for sixty (60) days.
(f) If an employee is forced off his job in his department because of
equalization, he may bump the least senior employee in a job on the shift which
he can perform.
(g)When an employee is laid off and goes to another department, he shall
acquire full seniority immediately upon qualification (within two(2) weeks).
Section 2. (a) An employee may be transferred into another department
temporarily without affecting his seniority status, and the stewards of both
departments involved shall be notified at the time of transfer. The transferred
employee shall receive the rate of his own job or the rate of the job to which
he is transferred, whichever is higher. At the time of transfer, the employee
will not move to the other department without a transfer slip from the xxxxxxx.
(1) The Company may assign employees to work in another department, (a) if
there is a greater need in that department or (b) if there is a lack of work in
the affected classification. If senior employees are involved, they may displace
junior employees in the department providing they can do the work and the junior
employee, will be reassigned. If this condition continues beyond one (l) day,
the Company will discuss it with the Union.
(2)Transfers may be made to cover for daily absenteeism within a department
and may continue for up to five (5) working days. If the absence of any employee
should exceed five (5) working days, the Company will post for a temporary
opening or recall an employee to that position
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with full seniority rights, whichever is deemed necessary, based on seniority.
(3) The following procedure will be used in making said recalls: A telephone
call will be placed to employees by line of seniority who are on the recall
list, explaining that there is an immediate need to fill an opening. If the
employee refuses recall or is unable to answer the phone, the Company will
continue down the recall list until the opening is filled. There will be no
penalty placed upon employees who refuse recalls or fail to answer the phone.
(4) When the recall list has been exhausted, the Company will post for the
temporary opening to cover the period involved but not to exceed 30 days unless
agreed to by the Union.
(b) Transfer within a department is considered assignment. If an employee is
absent from an upgraded job and the substitute is unavailable because of
absence, or no one has bid on the substitute job for 3 months, or the job cannot
be filled by canvassing on seniority basis in the department, then the Company
may assign the least senior qualified employee to the job within the department
on the same shift.
Canvassing is by the base of the department first and where there are two
bases, then seniority prevails.
(c) If there is an upgraded job posted within a department and no one
applies, the Company may take the least senior employee in the base of the
department on the shift the job was posted for and train him in the upgraded job
or make recall.
Section 3. When layoffs are necessary, transfers may be made from one
department to another providing no layoffs exist in the department to which
transfers are being made. In such cases an employee shall retain his seniority
status in his original department. The employee transferred must be
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qualified to perform the job available. The method of pay for employees with
less than four (4) months service will be governed by Appendix A.
(a) If an employee is to be laid off due to lack of work in his seniority
department, Article VI, Section 1 (b),(c), and (d) will apply.
(b) If an employee elects to take a layoff rather than transfer, there will
be no obligation on the part of the Company to recall him for any job opening
offered to him at the time of layoff, unless the job opening is in his own
seniority department or was not offered at time of layoff. Under such
circumstances, the Company will offer the employee the job before hiring new
employees.
(c) It is further understood and agreed that this change in the recall
rights will only affect those who at the time of layoff elected not to take a
transfer to other work that is available at the time. People who were laid off
without the opportunity to move to other departments will continue to have the
recall rights that they had in the past.
Section 4. In the event work is transferred from one department to another
on a permanent basis, the affected employees will be given the opportunity of
moving with full seniority to the new department.
Section 5. The Company shall place in each department, panels for the
maintenance of quarterly department seniority lists and permanent transfers. No
notices of Union matters are to be posted on departmental bulletin boards. The
Company shall install bulletin boards within the plant for posting by Union of
announcements covering Union matters.
(a) Every six (6) months, the Company shall place in each department a
plantwide seniority list.
Section 6. Any employee who accepts a salary job will have ninety (90) days
to return to the bargaining unit. If the
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employee's tenure in the salary job should exceed ninety (90) days, he will lose
all rights and will return to the bargaining unit only as a new employee. This
section does not apply to salary workers who left the bargaining unit prior to
October 18, 1980.
Section 7. (a) The Company agrees when a vacancy exists within the
bargaining unit for a higher position or a new job rating (to include all
promotion, upgrading, transfers and reassignments), present employees will be
considered for these positions before new employees are added to the workforce.
The Company will carefully and impartially consider the ability, experience,
past performance, interest demonstrated and any other qualifications of the
candidates for these vacancies in order of seniority. The Company will give the
applicant accepted an appropriate opportunity to demonstrate his proficiency.
(b) The following procedure shall apply for posting of job vacancies:
DEPARTMENTALLY-Post as shift opening/job opportunity (Post for three (3)
days.)
Procedure following in making award (Departmentally):
(1) Shift preference
(2) Departmental promotion
(3) Recall within or outside of department.
PLANTWIDE-Post as job opportunity (Post for three (3) days plantwide.)
Procedure following in making award (Plantwide):
(1) Seniority
(2) Skill and ability
(3) Plantwide recall
(4) Outside hire.
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Where there are combination postings such as shift openmg and job
opportunities, then the posting will be for three (3) days. Any eligible active
employee in the same classification or same or lower pay grade may make
application by filling out a Job Vacancy Form in triplicate. One copy shall be
given to the applicant, one copy to the the Union and one copy to the Company
Personnel Department. if the Company posts a job vacancy and later decides to
withdraw the job, it is understood that the Union will be notified of such
withdrawal.
(c) Seniority in the new department will begin to accumulate on the day of
transfer. if during the trial period of sixty (60) days, the employee is not
accepted, he will return to his original department with no loss of seniority
for the time spent in the new department. Loss of seniority will not apply in
the case of temporary transfer. This paragraph is not applicable to set-up men,
floor inspectors, training programs and apprenticeship programs.
(d) An employee may bid down only if the job which the employee bids will
provide greater opportunity for advancement. An employee may bid down on any job
if the difference in pay is 20(cents) per hour or less.
Section 8. All job promotions that are labor grade 8 and higher will be
awarded based on the results of mechanical aptitude tests. The highest senior
person who passes the test will be awarded the job.
Individual tests will be reviewed with the Union President or his designated
substitute at the President's request. Employees who are applicants for the
vacancies will be entitled to repeat tests previously taken. Senior employees
who pass the test will not supplant junior employees who have passed previous
tests and are in training.
Section 9. (a) In considering employees for tested job vacancies within a
department, the most senior applicant
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will be given a trial, except under extra-ordinary circumstances.
(b) In considering employees for tested job vacancies within a department,
the most senior applicant who fills the qualifications will be given a trial.
(c) In considering employees for tested job vacancies on a plantwide basis,
the most senior applicant who fills the qualifications will be given a trial.
(d) The Company will supply the Union with the types of test to be
administered to bargaining unit employees. This rule will apply to any job
classification where testing occurs.
Section 10. When an opening exists on any shift, the most senior employee in
the same classification on another shift who requests such shift assignment may
transfer into the vacancy. Application for such transfer must be made within
three (3) working days of posting of the opening.
Section 11. (a) When a job is posted while an eligible employee is on
vacation, that employee will be given three (3) days in which to bid on the
posting subsequent to his return. Notification of the posting is the
responsibility of the employee's Grievance Committeeman and Xxxxxxx.
(b) All awards to job vacancies will be posted within five (5) working days.
After the award has been made, the Company will have up to six (6) weeks to move
the affected employee to the job he has been awarded. However, the employee will
receive the rate of pay of his new job at the time of award, providing the rate
of pay is higher.
(c) If a job is posted when an employee is out for two (2) weeks or less,
that employee will be given three (3) days in which to bid on the departmental
opening upon his return. Notification of the posting is the responsibility of
the employee's xxxxxxx and grievance chairman. An employee who was on a medical
leave of absence may return to anoth-
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er shift in his classification, seniority permitting, if that shift opening
occurred while he was on sick leave of two (2) weeks or more.
(d) Should a job posting occur while an employee is out on a compensated
bereavement period, he will have three (3) days to apply for such posting
immediately upon his return.
(e) Should a job posting occur while an employee is on xxxxxxx'x leave, he
will have three (3) days to apply for such posting immediately upon his return.
(f) Should a job posting occur while an employee is on sick leave or
Workmens' Compensation, he will have three (3) days to apply for such posting
immediately upon his return.
ARTICLE VI
Layoff and Hiring Procedure
Section 1. (a) In the event of a workforce reduction, the Company shall give
those employees, immediately affected, at least two and one-half (2-1/2) working
days' notice in advance, or will pay him at straight time rate for two and
one-half (2-1/2) working days at the time of layoff. Such notice shall not apply
to those employees who have less than sixty (60) continuous working days'
service or those employees on a transfer of less than thirty (30) days'
duration, who are laid off because of another employee's high seniority. If an
employee is not at work for whatever reason on the day of the notice, the above
will not apply. The Company will make every effort to contact affected employees
who are not at work during processing procedures to learn what jobs they choose
to bump. However, if the
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employee cannot be reached, he will immediately upon his return, be processed
with his bumping options.
(b) When an employee is to be laid off from his present department he will
be afforded the following options, seniority permitting: remaining in his
department on another shift; returning to any department where he may exercise
seniority; or accepting a layoff from the Company with recall rights to any
department in which the employee has accrued seniority.
(c) When an employee has exhausted his departmental seniority rights before
layoff, he will be given the option of bumping one of least senior employee in
the bargaining unit, provided he is qualified to do the job within a two (2)
week period. if within two (2) weeks, the employee is not performing the job
satisfactorily, the Company will attempt to place him on another job consistent
with his seniority after discussing the matter with the Union.
(d) If an employee bumps into any of the departments listed below, he will
not be disqualified before moving into the job unless there is an obvious
incapacity:
Labor Pool
Packing
(e) When an employee is displaced and bumps a less senior employee, there
will be no posting for a job opportunity, but if more than one shift is
involved, the shift opening will be posted for the affected classification.
(f) If an employee has been on a layoff status for a period of at least 24
months but prior to his recall rights expiring, thirty-six (36) months, he may
be offered a job if it is available, prior to hiring from the outside. If the
employee accepts the job he will be given a sixty (60) day training period if
necessary.
(g) If an employee is being reduced and accepts one of
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the less senior jobs in the bargaining unit before layoff, he may disqualify
himself from that job and still be eligible to apply for it after the lapse of
one year.
(h) An employee on layoff may be offered a job posting, including one on
which he disqualified himself after bumping into it at time of layoff.
(i) When a shift or part of a shift is removed due to lack of work or
reduction of work, any employee affected will be given the opportunity to
exercise his seniority on the shift and job of his choice, providing he is
immediately qualified to do the job. This will apply in situations where two or
more shifts are in operation.
Section 2.(a) If employees are laid off and subsequent thereto it becomes
necessary to increase the working force in any department, rehiring shall be in
order of seniority. The Company shall notify eligible employees by telephone,
where possible, to report for work and confirm it by certified mail to the last
known address, and shall give a copy of such notice to the Union at the same
time. if such employee does not report within five (5) working days after being
notified by telephone, he shall lose his seniority unless he is prevented from
returning to due to sickness, injuries, or causes beyond his control, and the
Company is notified prior to the end of the fifth working day. In such event, he
shall be given a reasonable time in which to report for duty. Such a condition
shall not prevent employees next in service from being employed during the
interim. In instances where notification is by certified mail only, the five (5)
days commence with the receipt of the letter by the employee. In the event, if
there is no response within two (2) weeks, the employee whom the Company is
unable to reach will be terminated.
(b) Whenever practical, a permanent employee will not be laid off while a
probationary employee is still working.
Section 3. The Company agrees to give the Union,
17
through the Chairman of the Grievance Committee, an opportunity to submit
applications for former employees to fill vacancies, but the Company does not
agree to fill vacancies by such applications if, in the opinion of the Company,
after full inquiry, from past experience, they would not make desirable
employees.
Section 4. The Company shall give the Union, whenever possible, at least two
and one-half (2-1/2) days' notice, in writing, of all proposed layoffs. Such
notices shall indicate the names of employees to be laid off.
Section 5. The Company agrees to notify the Union immediately, in writing,
of all temporary and permanent layoffs, resignations, discharges and transfers.
Section 6. It shall be the duty of the employees to advise the Personnel
Office of the Company, in writing, of their proper home addresses, and any
notice sent by the Company by certified mail or telegraph to the last known
address of record with the Company shall be considered proper notice. The
Company agrees to inform the Union of new or corrected addresses.
Section 7. If an employee is scheduled to report for duty and no work is
available, or he is given less than four (4) hours' work he shall receive pay
for not less than four (4) hours' at his regular rate. Except during overtime
hours, if an employee is transferred to other work, he shall be guaranteed eight
(8) hours of work and be paid in accordance with the provision governing
transfers. This will not apply however:
(a) When an employee is absent on the preceding scheduled work day and fails
to make necessary arrangements for his time off with his immediate supervisor.
(b) When an employee is notified not to come to work at least (4) hours
before the beginning of his shift by telephone
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or radio or other available means as listed with the Personnel Office.
(c) When the plant or part of the plant is closed due to conditions beyond
the control of management.
(d) When the above mentioned occurs, after two weeks, all medical and
insurance benefits will continue for the affected employees unless they are
placed on layoff status.
ARTICLE VII
Leave of Absence
Section 1. A leave of absence shall be understood to mean an absence from
work without pay, requested by an employee and consented to by the Company
covering an agreed period of time and for reasonable cause. The Union shall be
notified of any such leave prior to commencement thereof and of any extension
thereto. Seniority shall not accumulate during such leaves. Leaves of absence
will not be granted for the purpose of allowing an employee to take another
position temporarily, try out new work, or venture into business for himself.
Section 2. (a) Upon written request by the District Director, United
Steelworkers of America or his designated representative, a leave of absence not
to exceed two (2) years will be granted to members of the Union selected to work
full time for the Union in an official capacity. Such leave of absence will be
without loss of seniority, but no other benefits shall apply during the term of
such leave.
(b) Employees elected and appointed as delegates to any Union meeting,
conference or convention necessitating a temporary leave of absence shall be
granted such leave of absence without pay and without loss of seniority.
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It is understood that this Section shall not be used to circumvent the
provision of this contract dealing with strikes and lockouts.
(c) Employees elected to public office or appointed to non-civil service
positions shall be granted a leave of absence not to exceed four (4) years.
Neither seniority nor benefits accumulate during the term of such leave.
(d) Upon proper notification, any two (2) employees assigned by the union to
engage in activity relevant to political elections, will be excused from work on
the day in question.
Section 3. An employee on sick leave will be removed from the active
payroll. However, if an employee is not on the active payroll on 12/31 but
returns to work on or before 3/31 of the succeeding year and works at least
thirty (30) days in that year, that employee will be eligible for fu[l vacation
benefits. This provision is effective 1/1/87.
Section 4. (a) Employees on sick leave for one (1) year or more will be
taken off the payroll. Those employees will not lose any rights to life
insurance or medical insurance, or any other accrued rights, and will be
reinstated at full accumulated seniority if and when they are able to return to
work. However, for employees with less than ten (10) years of service, all
benefits will cease after one (1) year.
(b) During the period in which A&H benefits are paid, hospital coverage and
life insurance will continue.
Section 5. (a) Xxxxxxx may xxxxx up to two (2) weeks off without loss of
seniority and without processing such request through the Personnel office. All
requests for more than two (2) weeks must be processed through the Personnel
office. Any additional time will be deducted from the employee's seniority.
(b) An employee on approval leave will return to his job
20
and shift, if the job has been filled on a temporary basis in his absence.
ARTICLE VIII
Grievance Procedure
Section 1. If any difference arises between the Company and the Union as to
the meaning or application of any provision of this Agreement, or as to its
compliance by either party with any of its obligations under this agreement,
such difference shall be settled in the following manner:
(a) Step 1
1. An oral discussion of the difference must take place between the
employee and his xxxxxxx with the Shop Xxxxxxx. The Xxxxxxx must
give his answer within twenty-four (24) hours.
2. If the difference remains unsettled, the grievance-man or his
substitute may be called to discuss the matter further, and if no
settlement is reached, then within seven (7) days the employee may
present the grievance in writing to his xxxxxxx through his xxxxxxx.
A written answer must be given by the xxxxxxx to the xxxxxxx within
seventy-two (72) hours.
(b) Step 2
Any grievance not settled under Step 1 shall, within ten (10) days from the
date of the xxxxxxx'x answer, be heard by the Step 2 Grievance Committee.
1. The Union Step 2 Committee shall consist of the Grievance Chairman,
the Area Grievanceman, and the Shop Xxxxxxx involved. Designated
substitutes for any of the above are permitted. The
21
Union may call upon the aggrieved and any witnesses the Union deems
advisable.
2. The Company Step 2 Committee shall consist of the Personnel Manager
and one other member of Management, or their designated substitute.
3. Either party may call up to two (2) witnesses.
(c) Step 3
1. On the second and fourth Tuesday of each month, the Company will be
available to discuss any pending Second Step grievance. Third Step
grievances shall be scheduled by mutual consent.
In case of postponement of a second step meeting by either party, such
meeting will be rescheduled the next regular working day. In case of
postponement of a third step meeting by either party, such meeting will be
rescheduled by a mutual agreement of the parties.
(d) Step 4 - Arbitration
Grievances which have not been satisfactorily settled in Step 3 may be filed
by the Union for arbitration within ten (10) days after they are heard in the
Third Step.
1. If the Union submits the matter to arbitration, it shall be referred
to the American Arbitration Association and an arbitrator appointed
according to the procedure of that association. The decision of the
arbitrator shall be final and binding on all parties.
The cost of arbitration shall be divided equally between the Union and the
Company. No arbitrator shall have the right to add to, subtract from, or in any
way modify the provisions of this Agreement.
Section 2. Except for grievances involving seniority, all grievances must be
filed in writing thirty (30) days after the
22
event which led to the grievance. In cases of grievances involving retroactive
pay, retroactivity shall in no case exceed a period of more than thirty (30)
days prior to the date of the filing of the grievance, except for arithmetical
errors in calculating pay.
Section 3. (a) Any Union member who is discharged or suspended for
disciplinary reasons by the Company may enter a complaint in writing within one
calendar week of the date of discharge or suspension and shall take precedence
over other issues pending in the grievance procedure. A hearing for the
discharged or suspended employee will be held within twenty-four (24) hours of
the Union's request for such a hearing, and all parties involved in Step 3
grievances will attend.
(b) If disciplinary action is taken against an employee on the night shift
and no Union representative is present, the Company will notify the proper Union
representative on the following shift.
(c) Should it be decided that an employee has been discharged or suspended
without just cause, such employee will be reinstated without loss of seniority
and shall be paid for all the hours he would have worked, less any deductions
required by law.
(d) If the Company fails to hear a Step 1 or Step 2 grievance within the
contractual time limits, the grievance will move automatically to the next step
of the grievance procedure.
Section 4. The Company agrees to continue the past practice of paying for a
reasonable amount of straight time lost in the grievance procedure.
Section 5. Grievances pertaining to safety and health will automatically be
inserted in Step 3 of the grievance pro-
23
cedure. Any such grievance will be heard within one (1) week of submission.
Section 6. Second Step grievances will be scheduled as follows:
1st Shift-Any time during the shift.
2nd Shift-2:00 P.M. or later.
3rd Shift-Initial grievance prior to 8:00 A.M.
Section 7. Union officials will notify their xxxxxxx when they leave their
jobs to conduct union business. Further, they will provide their xxxxxxx with
the approximate time needed.
ARTICLE IX
Vacations
Section 1. The vacation year shall begin on January 1, and end December 31.
Each employee who is on the payroll on December 31 of any year shall be entitled
to receive his full vacation benefits in the ensuing year, notwithstanding the
fact that his services may have been terminated in the ensuing year prior to the
receipt of vacation pay.
Section 2. (a) Employees not on the active payroll as of December 31, but
who become active after December 31, due to recall or return from a Company
approved Leave of Absence, will be entitled to vacation benefits for each month
of service in the current vacation year.
(b) In cases of employees with less than one year's service, vacation
benefits will be prorated as mentioned in (a) above, except that employees with
less than six (6) months' service will not be entitled to vacation benefits.
(c) If any employee elects not to return to his department in which he
formerly worked when called by the Company
24
after a layoff, the employee loses the right to the vacation privilege, unless
he was on the active payroll the previous December 31, in which case he will be
paid his full vacation benefit.
(d) All employees returning from layoff to a permanent job who have been
paid vacation benefits in the current year, will be entitled to take equivalent
time off without pay, except such employees must work at least one month
immediately upon return from layoff.
(e) When an employee is laid off, he will receive all vacation benefits due
at the time of such layoff. All employees returning from layoff to a temporary
job who have been paid vacation benefits in the current year, will be entitled
to take equivalent time off without pay. Except such employees must work three
months immediately upon return from layoff.
Section 3. (a) The vacation schedule in effect during the 1965-68 Agreement
will remain in effect until December 31, 1983. As of January 1, 1984, vacation
benefits for eligible employees shall be as follows:
Accredited Service
Prior to 12/31 of
Vacation Year Vacation
l yr. - 3 yrs. 1 week 1 day
3 yrs. - 5 yrs. 1 week, 4 days
5 yrs. - 7 yrs. 2 weeks, 1 day
7 yrs. - 9 yrs. 2 weeks, 2 days
9 yrs. - 11 yrs. 2 weeks, 4 days
11 yrs. - l3 yrs. 3 weeks
13 yrs. - 15 yrs. 3 weeks, 1 day
15 yrs. - 20 yrs. 4 weeks
20 yrs. - 25 yrs. 5 weeks, 1 day
25 yrs. - and over 5 weeks, 3 days
25
(b) Vacation pay for each eligible employee will be computed on the basis of
a forty (40) hour week at straight time for the highest rate paid for the
majority of the time worked between January 1 and June 1. The vacation pay for
an employee taking his vacation prior to June 1 will be based on his highest
rate for the majority of time from January 1, until he applies for his vacation.
Vacations taken after June 1 will be paid at the employee's current rate.
(c) The Company agrees to pay the employee his vacation pay at the time the
employee takes his vacation between January 1 and December 31. It is provided,
however, that the employee will receive his vacation pay on a regular pay date
and that one week's notice be given in advance of such pay date.
(d) The Company agrees to pay employees only when the vacation is taken. Any
employee who is scheduled for a vacation and works during that scheduled
vacation will forfeit such time worked. The forfeiture will not apply if prior
agreement has been made.
Any employee who is scheduled for vacation may not change such vacation
except by mutual agreement between the Company and the Union.
(e) An employee will receive vacation pay for each individual day he charges
to vacation.
(f) An employee who desires vacation by seniority must request such vacation
by March 1. If an employee does not follow the above procedure, the Company will
assign his vacation.
(g) Individual holidays cannot be charged as vacation days. The only
exception will be where the holiday, or holidays, fall within the employee's
scheduled vacation week. In these instances, the employee will receive his
holiday pay.
(h) An employee will be permitted to post date vacation
26
days if twenty-four (24) hours notice is given, except in a case of an
emergency, in which case the twenty-four (24) hours notice will be waived. No
post dating will be permitted in the period between June 1st and September 15th.
(i) Any employee who is absent from the Company due to sickness or personal
leave of absence may opt to take vacation money in lieu of time off.
(j) Any exception to Section 3 (i) must be agreed upon by the Company and
Union.
(k) The vacation agreement as outlined by this Article will be enforced by
both the Company and the Union.
(l) Employees who honor their military reserve commitments in conjunction
with their vacation time are not entitled to reserve make up pay.
(m) Between the dates of January 1st and June 1st and September 15th and
December 31st, an employee may split his vacation week into days.
Section 4. Any employee who shall have worked a full month or any fraction
thereof shall be given credit for the full month in computing earned vacation
Lime on a prorated basis. An employee who returns from layoff or is hired on or
before the 15th of the month shall be given full credit for that month.
Section 5. (a) Vacations will be scheduled by the Department Xxxxxxx in
accordance with production requirements.
(b) Employees with the greatest seniority within a job classification will
be given preference in scheduling vacation. This will not be applicable to any
department which has an exception agreement.
(c) The right of the Company to shut down for two (2) consecutive weeks of
mandatory vacation anytime from the
27
15th of July until the 15th of August is recognized by the Union. In addition,
the Company has the right to schedule a vacation shutdown during the final week
of the year (i.e. between Christmas Eve and New Year). The Company will notify
the Union of the three (3) weeks shutdown by February 1St of the vacation year.
Any function pertaining to inventory during that shutdown would be performed by
individuals in the department where the inventory is to take place by seniority.
(d) If there is work to be performed in a department during the vacation
shutdown, employees in the department without eligibility for the scheduled
shutdown weeks of vacation will be canvassed for the work on a seniority basis.
If more employees are necessary, the jobs will be filled by employees on a
seniority basis in the department where the work is needed. Should the employee
requirements remain unfilled, additional employees will be canvassed from the
master seniority list on a plantwide basis.
Section 6. (a) The vacation schedule shall be posted departmentally on or
before January 15th. This schedule will give the amount of hours the employee
has for the vacation year.
(b) The vacation schedule as to the employee's choice of vacation shall be
posted departmentally by April 1.
(c) If the vacation schedule has not been posted by April 1, any employee
who has submitted his vacation selection will be entitled to that selection.
Section 7. Any employee who is on vacation for a full week shall not be
eligible for overtime assignment during any weekday or weekend falling within
such vacation period.
Section 8. (a) An employee who is granted a leave of absence for illness or
injury to himself, his employment duties being the proximate cause of
disability, may opt to
28
receive his vacation pay while on said leave of absence. An employee who has
accumulated five (5) or more years of seniority and is absent from work due to
illness shall be entitled to have such absence up to, but not exceeding one (1)
year, credited as time worked for the purpose of qualifying for a paid vacation.
(b) If, after October 15, 1977, an employee with five (5) or more years of
service is laid off, he shall accrue time for purpose of pension and vacation
eligibility.
(1) After October 12, 1974, an employee with five (5) or more years of
service is laid off, up to three (3) years of such layoff will be
counted as time worked toward pension eligibility.
(2) If, after October 19, 1968, an employee with five (5) or more years of
service is laid off, up to one (1) year of such layoff will be counted
as time worked toward pension eligibility.
(3) Those active employees laid off prior to October 19, 1968, will be
credited for all layoff time for pension eligibility.
Section 9. In the event of death of any employee who was eligible for a
vacation but did not use his vacation, the amount of the vacation pay to which
he would have been entitled shall be paid to his surviving spouse or legal
representative in accordance with the laws of his state of domicile at the time
of death.
ARTICLE X
Hours of Employment and Overtime Payments
Section 1. (a) The contracting parties hereby agree that the normal day
shall be eight (8) hours and that the normal
29
work week shall be five (5) consecutive days, commencing Monday and ending
Friday. It is agreed that the present working schedule shall remain in effect,
and that any change in established schedules may be changed by mutual agreement
between the Company and the Union. This shall not be construed as a guarantee of
hours or work per day or per week.
(b) Starting times and shifts will remain in effect for the length on this
contract. Any change must be mutually agreed upon by the Company and the Union.
(c) Shift Schedules:
7:00 AM to 3:00 PM
7:00 AM to 3:30 PM "A" Shift
7:30 AM to 4:00 PM
3:00 PM to 11:00 PM
3:00 PM to 11:30 PM "B" Shift
3:30 PM to 12:00 PM
11:00 PM to 7:00 AM "C" Shift
(d) When a given classification is assigned across three (3) shifts, those
employees affected will work straight eight (8) hour shifts.
(e)Curtailment on a partial department, departmental or plantwide basis will
be as follows:
(A) The Company will notify the Union three (3) days prior to curtailment
except for circumstances beyond the control of the Company.
(B) On a partial departmental basis, work will be performed by immediately
qualified employees in line of seniority.
(C) If curtailment exceed five (5) consecutive days duration, the Company
will then revert to the layoff provisions of the contract.
30
(D) If curtailment occurs for one (I) or more days in a department, the
Company will attempt to place the affected employees in other
departments without interfering with employees in those departments. An
employee may also opt to take time off without pay or to use vacation
time.
Section 2. All work in excess of eight (8) hours per day on any regular
working shift or all work in the work week in excess of forty (40) hours shall
be paid for by the Company at the rate of one and one-half (1 1/2) times the
regular rate.
Section 3. (a) All work performed on Saturday shall be paid for at one and
one-half (1 1/2) times the employee's regular hourly rate, and all work
performed on Sunday shall be paid for at two (2) times the regular hourly rate.
However, Management will not be obligated to give Saturday and Sunday work to
any employee who has lost a scheduled day or more Monday through Saturday of
that week. This shall apply even though the employee may have worked less than
forty (40) hours during the regular work week. Before an employee is denied an
overtime opportunity because of absence, the xxxxxxx will contact the Personnel
Manager to prevent any unjust application of this rule.
(b) A holiday shall be counted as a day worked for purposes of overtime
computation.
Section 4. (a) When in the judgement of Management, overtime is required for
a given department, the regular employees assigned to the department shall be
given preference over other employees to accept such overtime. All reasonable
means will be employed to equalize overtime among shifts. When, in the judgment
of Management, overtime is necessary for employees in a given classification
within a department, the opportunity to work the available overtime will be
rotated equally among all qualified
31
employees within the classification, provided that they have the ability to do
the work available. Any questions as to the qualifications or capability of any
employee or employees will be explained by the Xxxxxxx to their Shop Xxxxxxx.
This paragraph does not apply to Tool Room employees.
(b) It shall be clearly understood that the responsibility for keeping the
rotating list up to date shall rest with the Shop Xxxxxxx of the department and
further, that the Union will hold the Company blameless for any grievance
arising from the selection of workers from the list, providing the xxxxxxx has
selected those persons whose turn it is to work according to the Shop Xxxxxxx'x
list. In the event of a mistake under this subsection, the employee affected
thereby shall be given an overtime makeup turn the next time overtime is
scheduled in this particular classification.
(c) The Company agrees (overtime work not being compulsory) to schedule
weekend overtime by 11:30 AM on Thursday, except where an emergency makes such
scheduling impossible. Whenever possible, the list of employees to work weekend
overtime shall be given to the Company by the Union no later than 11:00 AM on
the Friday immediately preceding the scheduled overtime.
(d) Where a department or any employee in the department has been on an
overtime basis, an employee will receive eight (8) hours notice, wherever
practical before returning to his regular shift.
(e) Overtime may be worked in a department where layoffs exist. If the
overtime worked exceeds 50% in two (2) consecutive weeks, the Company will
immediately recall at least one (1) employee per week for the duration of the
overtime.
(f) Where there is a layoff due to elimination of a job or equipment,
Section 4 (e) will not apply.
32
(g) Preventive maintenance will not be subject to Section 4 (e).
Section 5. The Company agrees not to hire additional employees, in any
department where the scheduled work day of eight (8) hours is curtailed or where
the scheduled work week of forty (40) hours is curtailed.
Section 6. (a) Employees will not be moved to another department to receive
overtime when said department is not on overtime schedule, except where the
employee of said department will not work the necessary overtime to meet
production or maintenance schedules.
(b) Proper notification of overtime will normally be within four (4) hours
after the start of the shift unless the Company and Union agree otherwise.
(c) Transfers will not be permitted from a department which is on an
overtime basis. A department is on overtime only when the overtime hours are
actually being worked and not when the overtime is scheduled.
(d) When overtime is to be worked within a department, employees will be
canvassed on a seniority basis within the classification.
(e) If an employee is scheduled for overtime on Saturday or Sunday and
reports for duty, he shall receive pay for no less than four (4) hours work. If
the employee is transferred to other work on overtime, he shall be guaranteed
eight (8) hours work and be paid in accordance with the provision governing
transfers.
(f) Employees who are called back to work after the end of their regularly
scheduled shift will be guaranteed a minimum of four (4) hours pay at the
appropriate overtime rate. However, when any callback results in consecutive
hours worked just before employee's regularly assigned shift those hours will be
paid at the appropriate rate and hours after the
33
start of the scheduled shift will be paid on a straight time basis.
(g) An employee who works eight (8) hours in his own classification may work
as a substitute on another job within a twenty-four hour period only on an
emergency basis.
(h) In situations where an employee holds more than one job in a department
and partial overtime is scheduled, that employee must work in his own
classification if such work is available, unless there is more immediate need
for him in his substitute classification.
(i) When an employee is transferred from a department scheduled for eight
(8) hours to a department scheduled for the same, and the second department is
subsequently given overtime, he will where necessary, be afforded the
opportunity to work such overtime.
(j) When an employee is transferred from a department scheduled for eight
(8) hours to a department already on overtime, he will be afforded the
opportunity to work such overtime when it is practical.
Section 7. (a) The parties also recognize the need in many cases for special
exception overtime agreements, which are to be entered into promptly in writing
between the Plant Manager; the Grievance Chairman; the Xxxxxxx and the Shop
Xxxxxxx. The present exception agreements shall remain in effect unless
otherwise changed by agreement between the Plant Manager and Chairman of the
Grievance Committee, plus the Departmental Xxxxxxx and Xxxxxxx.
(b) All special overtime agreements which affect shift changes must be in
writing and signed by the Grievance Chairman, the President of the Union, and
the Company's designated representative.
34
ARTICLE XI
Wages
Section 1. Effective October 26, 1996, a general increase of $.45 per hour
will be added to individual base rates. Effective October 25, 1997, a general
increase of $.35 per hour will be added to individual base rates. Effective
October 24, 1998, a general increase of $.35 per hour will be added to
individual base rates.
Section 2. The rates of pay for each job classification are listed under
Appendix "A" of this contract.
Section 3. The rate of pay for newly created positions shall be determined
by the Job Evaluation Committee, consisting of two members from the Union and
two members of Management.
Section 4. All employees who work on the regular night shift shall receive a
5% premium on top of their scheduled base rate of pay. (Regular night shift
shall be defined as any shift commencing after 3:00 PM).
Section 5. It is further agreed that the Company will furnish wage rates and
hours of employment to the Union in each year of the contract.
35
ARTICLE XII
Hospitalization and General Welfare
Section 1. The Company agrees to maintain the present Group Health and
Welfare insurance plan which provides eligible employees and dependents with
non-occupational hospitalization benefits, as well as life insurance, accidental
death and dismemberment insurance and disability income in the event of
non-occupational accident or sickness. Effective on the dates indicated below,
the following increased benefits will be provided:
(a) Effective January 1, 1978, surgical benefits will be paid on a
prevailing fee basis as provided in the Blue Shield Prevailing Fee program.
(b) The Blue Cross/Blue Shield Major Medical coverage as well as Deductibles
for Employees and their dependents now in effect as of January 1, 1994, shall be
outlined in a Summary Plan Description and will be made available to all
employees.
1. An individual deductible of $200.00 will apply for all in-patient
hospitalization admissions during the course of one calendar year. The
deductible will not be applied more than two times with respect to
inpatient admissions incurred by an employee and all enrolled dependents
in a calendar year. The plan deductibles are not eligible for payment
under the Major Medical health insurance benefit. This in hospital
deductible applies to any employee who retires on or after January 1,
1994.
2. An individual deductible of $250.00 will apply for all in-patient
hospitalization admission during the course of one calendar year. The
deductible will not be applied more than two times with respect to
in-patient admissions incurred by an employee and all enrolled
36
dependents in a calendar year. This plan deductibles are not eligible
for payment under the Major Medical health insurance benefits. This
in-hospital deductible applies to any employee who retires on or affer
December 1, 1996.
(c) For disabilities commencing after January 1, 1997, $200.00 per week
beginning with the first day of accident, or the eighth day in the event of
sickness. Benefits will be payable up to a maximum of 52 weeks for each
disability. Indemnity papers will be renewed monthly if no definite date of
return is given by the doctor.
(d) Effective November 1, 1983, Group Life Insurance and Accidental Death
and Dismemberment Insurance for active employees will be $9,000.00 up to age 70.
(e) Effective January 1, 1975, present retirees, age 65 and over, or any
employee who retires at or after age 65 with 10 years or more of accredited
service, will be covered by the Blue Shield and Blue Cross 65-Special Plans.
(f) Employees who retire on or after January 1, 1972 under the Total and
Permanent Disability Provision of the Pension Plan will be covered until they
attain age 65 by the Name basic Blue Cross Hospitalization, Blue Shield
Medical-Surgical and Major Medical Programs applicable to active employees
(excluding the group dental and drug programs).
(g) Effective January 1, 1975, present pension retired employees under age
65 and any employee who retires before age 65 under the provisions of the
Pension Plan will be covered until they attain age 65 by the same basic Blue
Cross Hospitalization, Blue Shield Medical-Surgical, and Major Medical Programs
(excluding the group dental and drug programs) applicable to active employees
except:
37
1. 365 days of hospitalization - basic Blue Cross Hospital Plan.
2. 365 days of in-hospital medical care - basic Blue Shield Program.
3. No home and office medical visits - basic Blue Shield Program.
4. Maximum benefit $10,000 (not renewable) - Major Medical coverage.
(h) Effective January 1, 1975, benefits for spouses of pension retired
employees will be provided as specified in (f) and (g) above, depending on their
age.
1. Health insurance benefits for employees retiring after November 1, 1993,
will be capped at whatever the cost those benefits are at the expiration
of the Labor Agreement. This provision will not apply to employees who
accept the 1993 incentive retirement package, but who retire after
November 1, 1993.
2. Any employee retiring during the life of this agreement will have
benefits capped at whatever the cost of those benefits on November 1,
1996.
(i) Effective December 1, 1974, the Company will provide a Basic Blue Shield
Dental Care Program for active employees and their dependents. The Plan will pay
100% of the prevailing fee or actual charges (whichever is lower) for the
following covered dental procedures:
1. Oral examination.
2. X-rays of the teeth.
3. Topical fluoride application for subscribers under age 19.
4. Cleaning, scaling and polishing of teeth.
5. Repair of dentures.
6. Palliative emergency treatment of conditions causing dental pain.
38
7. Fillings, consisting of silver amaigam and synthetic tooth color
restorations.
8. Simple extractions.
9. Endodontics (Treatment of the tooth's nerve).
10. Consultations.
11. General Anesthesia.
12. Space Maintainers.
(j) Additional dental benefits will be provided for active employees, their
spouses and their eligible children under age 19, effective January 1, 1978. The
Plan will pay for these additional benefits on the basis of 80% of the
prevailing fee or the amount charged, whichever is less.
1. Prosthetics and Crown, Inlay and Onlay restorations.
(k) Additional dental benefits will be provided for active employees, their
spouses and their eligible children under age 19. These benefits including the
following:
1. Oral Surgery (100% of UCR fee)
1. Surgical removal of teeth.
2. Surgical removal of maxillary or mandibular intrabony cysts.
3. Procedure performed for the preparation of the mouth for dentures.
4. Apicoectomy (dental root resection).
2. Periodontics (50% or UCR fee)
1. Periodontal examinations.
2. Gingival curettage.
3. Gingivectomy and gingivoplasty.
4. Osseous (bone) surgery in connection with periodontal disease,
including flat entry and closure.
5. Mucogingivoplastic surgery.
Payment under the Blue Shield Dental Program is limited to $1,000 per person for
all services rendered in any calendar year.
39
(l) Effective January 1, 1994, a $5.00 co-payment amount will apply for each
separate prescription order and refill.
Section 2. The benefits listed above take effect on the dates indicated for
active employees and become applicable at the increased rates to employees on
any Leave of Absence only upon their return to active employment after the
respective change dates listed above.
Section 3. Should a statute be enacted making mandatory benefits of the same
or similar nature as covered in any manner of this Plan, such statutory benefits
shall not be pyramided, but shall be offset against any benefits payable under
this Plan, and it may be necessary for us to adjust our Plan in accordance with
such statute or statues.
This Plan is subject to the insurance industry's co-ordination of benefits
provision (also referred to as a non-profit, non-duplication provision) as set
forth in the applicable master contracts. The purpose of this provision is to
permit an individual who is insured under more than one group insurance plan to
receive from all plans no more than 100% of his allowable medical expenses.
More complete details, including eligibility requirements will be published
in a separate booklet which will be issued to each employee.
Section 4. Any employee hired after October 24, 1992 will pay $7.00/week for
an individual or $12.00/week for a family toward the cost of medical insurance.
(a) An employee hired after October 26, 1996 will pay $9.00 per week toward
medical insurance for an individual and $15.00 per week for a family. The stand
alone prescription drug plan currently available to active employees will not be
available to employees hired after October 26, 1996. Prescription drugs will be
eligible for reimbursement.
40
ARTICLE XIII
Holidays
Section 1. The following holidays shall be recognized as paid holidays for
all hourly employees (such holiday time to be from 12:01 AM to 12:00 o'clock
midnight of said holiday:)
Good Friday Labor Day
Easter Monday Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Three Holidays to be
designated at Year's End
Section 2. Hourly rate employees covered by this Agreement shall receive
eight (8) hours pay at their regular rate, including night shift bonus, for each
of the above holidays, no work being required.
Section 3. It is mutually agreed between the parties to this contract that:
(a) When any of the above holidays shall fall on Saturday, the preceding
Friday shall be observed in lieu thereof as a paid holiday. When any of the
above holidays shall fall on Sunday, the Monday following shall be observed in
lieu thereof as a paid holiday. When the Christmas holidays fall on Friday and
Saturday, Thursday and Friday will be observed as the holidays. Should the
Christmas holiday fall on Sunday and Monday, Monday and Tuesday will be observed
as holidays.
(b) An employee who works on any one of the above mentioned holidays shall
be paid at double the regular established rate for hours worked plus his holiday
pay.
(c) A holiday which occurs during an employee's vacation shall not affect
the period of vacation and the employee
41
in such cases will return to work at the beginning of the regular work week
rather than a day later. When a paid holiday occurs while the employee is on
vacation, he will receive the holiday pay in addition to vacation pay. If a
holiday occurs during an employee's vacation week, the employee may have the
privilege of taking the day at a later time-the day to be agreed upon by the
Company and the individual involved.
(d) A holiday shall be counted as a day worked for purposes of overtime
computations.
Section 4. To be eligible for holiday pay, an employee must work that first
scheduled workday after the holiday unless he has been excused or is absent for
reasonable cause. Any employee who is absent forty-five days or more prior to
any of the above holidays shall not be entitled to pay for such holiday.
Section 5. Any new employee or former employee of the Company who quits his
job, or was discharged must, if rehired, be on the payroll for sixty (60) days
before becoming eligible to receive holiday benefits.
ARTICLE XIV
Pension Benefits
Section 1. A Pension Plan has been provided in an agreement which is
separate and apart from this Agreement.
Section 2. Employees who retire shall be paid a lump sum retirement benefit
of $1,500 provided that they have had at least ten (10) years of Company service
and reached age sixty-five (65). Employees with at least ten (10) years of
Company Service who retire between the ages of fifty-five (55) and sixty-five
(65) under the 55/30, early, or disability
42
retirement provisions of the Pension Plan will receive a reduced lump sum
benefit in accordance with the following:
Attained Age
At Xxxxx Xxxx Xxxx Xxxxxx
00 00 $ 750
56 57 800
57 58 850
58 59 900
59 60 975
60 61 1,050
61 62 1,125
62 63 1,200
63 64 1,300
64 65 1,400
It is understood that the lump sum retirement benefits shall be payable in
addition to any vacation payments that may be due an employee at the time of his
retirement.
(a) Employees who retire with thirty (30) or more years of service will
receive a lump sum retirement benefit of $2000.00
Section 3. Employees who retire on or after November 15, 1971, shall be
provided at no cost to the retiree with a Life Insurance Policy in the amount of
$1,200.00.
(a) Employees who retire on or after December 1, 1977, shall be provided, at
no cost to the retiree, with a Life Insurance Policy in the amount of $1,500.00.
(b) Employees who retire on or after December 1, 1983, shall be provided
with Group Life Insurance in the amount of $2,000.00.
Section 4. Effective December 1, 1979, an employee with thirty (30) years or
more of accredited service may retire, at any age, and receive a pension without
actuarial reduction.
43
(a) The present minimum pension forrnula shall be improved by increasing the
pension per month per year of service from $24.00 to $27.00 effective for
retirements on or after November 1, 1996
1. Any pensioner who retires prior to November 30, 1987, but on or
after November 30, 1986 under the provisions of the Pension Plan and
who is still receiving a monthly retirement benefit under the Plan,
shall have his monthly retirement benefit increased by $.50 per
month per year of service, effective December 1, 1987.
2. Effective as of December 1, 1980, benefit service shall include
service completed up to the last day of the month during which a
member attains age 70.
3. Any pensioner who retired prior to November 30, 1980 under the
provisions of the Pension Plan for Hourly Paid employees and who of
December 1, 1980 is still receiving a monthly retirement benefit
under the Plan which is less than $100.00 per month, shall have his
monthly retirement benefit increased by $15.00 per month, effective
December 1, 1980. Those pensioners who selected a Joint and Survivor
Annuity will receive the acturial equivalent of this amount.
(b) The 35-year maximum service limitation used to compute the pension
benefit will be removed for those employees retiring on or after December 1,
1977.
(c) Surviving Spouse: (Eligibility)
1. A monthly benefit will be paid to any eligible surviving spouse of
any active employee with at least 15 years of accredited service who
dies on or after December 1, 1977 at any age, and has not retired.
44
2. A person shall be considered a surviving spouse only if married one
year, and immediately after the employee's death, such person is a
widow or widower of such employee within the provisions of the
Social Security Act.
(d) Amount of benefit - the amount payable to an eligible surviving spouse
will be:
1. 50% of the employee's normal retirement pension or $100 whichever is
higher, for any month before the month in which the surviving spouse
reaches age 60.
2. 50% of the employees normal retirement pension less 50% of the
widow's (or widower's Social Security benefit or $50.00 whichever is
higher, for each month after the surviving spouse reaches age 60.
3. As used above, normal retirement pension means the benefit
calculated assuming the employee had retired on the date of his
death at age 65.
(e) Payment and Termination of Benefits:
1. The first payment of any surviving benefit starts at the end of the
month following the month in which the active employee dies,
provided proper and timely application is made by the surviving
spouse. If timely application is not made, retroactive payment of
surviving spouse's benefit is limited to six (6) months.
2. The surviving benefit shall cease the last day of the calendar month
in which the surviving spouse shall die or the last day of the
calendar month in which the surviving spouse remarries.
More complete details will be published in a separate booklet to be furnished
each employee.
45
ARTICLE XV
Safety and Health
Section 1. The Company, recognizes the importance of taking every reasonable
precaution to promote and protect the health and lives of its employees, hereby
agrees:
(a) To abide by and maintain to the best of its ability sanitation, safety,
health and satisfactory working conditions which comply with applicable Federal,
State and County and Municipal laws and regulations; to maintain a clean,
properly lighted, heated and ventilated factory with approved safety devices;
first aid and sanitation facilities as are necessary to promote the health,
safety and general welfare of its employees.
(b) That no employee shall be required to perform any work which will
seriously endanger his personal safety or health, provided, however that to be
justified in refusing to perform work, an employee must be able to show that he
has a reasonable basis for believing the work involved would seriously endanger
his personal safety or health.
(c) If an employee is injured while working on the job, his pay shall
continue during the normal scheduled work hours while he remains on the plant
premises. If an employee is sent from his job to a physician to receive medical
attention because of an injury on the job, he shall be paid for all lost time,
not to exceed eight (8) hours. If it becomes necessary, the Company shall
provide quick, comfortable transportation to the doctor or hospital or home.
Section 2. (a) There shall be a health and safety committee in the plant
composed of one member to be appointed by Management and one member to be
appointed by the Union. It shall be the duty of the Committee to make a thorough
and complete survey of the plant weekly for the purpose of listening to any
investigation of complaints relating to health,
46
safety and working conditions, ascertaining whether conditions exist which are
dangerous to the health and safety of the employees. There is to be no exception
to this rule unless it is agreed upon between the Union's Safety Chairman and
the Plant Manager or their designated alternates. Any such conditions shall be
reported to the xxxxxxx of the department and xxxxxxx shall be advised so he may
check to see that correction is made as soon as possible. If, in the opinion of
the department xxxxxxx, proper remedial steps are not taken, then it shall be
his duty to report such conditions to the Area Grievance Committeman of the
Union.
No discriminatory or punitive action shall be taken by the Company or its
representative against a xxxxxxx who performs his duties herein imposed in good
faith. In case of any serious accident, all members of the Plant Safety
Committee will be immediately notified and thorough examination shall be made by
the full plant committee. From time to time a representative of the Xxxxxxx'x
Compensation Insurance Carrier shall attend the safety meeting.
(b) Safety meetings shall be conducted on a monthly basis. In attendance
will be the Union Safety Chairman and a designated Company representat!ve.
Section 3. The members of the Health and Safety Committee shall receive
their regular hourly wages for time away from their regular scheduled duties
while on inspection tours or meetings.
Section 4. When an employee is taken to a doctor or hospital for personal
illness or injury sustained off plant property the Company is not liable for
medical or hospital expense when not covered by Company insurance. This will not
relieve the Company from any legal liability.
Section 5. (a) An employee who is permanently unable to perform his
regularly assigned job as a result of a Company
47
incurred disability may apply for permanent transfer subject to the following
conditions: The search by the Company for an appropriate job must begin by
reviewing jobs held by employees with less than three (3) years seniority and
continuing the search at yearly intervals. In no event may the applicant
displace an employee with more Company seniority. An employee transferred under
this Section relinquishes recall rights to his former job and he carries his
full Company seniority into the department where he is placed. The search will
be conducted departmentally, and failing successful placement, the search will
be continued on a plantwide basis. The Workers' Compensation Chairperson shall
participate with the employee and the Company in all compensable job searches
and receive a copy of such results.
(b) An employee who has, as a result of a company incurred injury, suffered
the loss of an eye or the equivalent of complete amputation of an essential body
member, may apply for preferred seniority on his regularly assigned job, as long
as he is physically able to perform the duties thereof. If the injury prevents
his efficient performance on his regularly assigned jobs, he may request a
transfer, whereupon the Company will attempt to place him in a job commensurate
with his skill and physical capability. An application approved under this
section shall mean that the employee shall not be subject to displacement as
long as he is physically capable of efficiently performing the duties of that
job.
(c) Light duty work as provided for compensable injury employees is not
limited to any specific area. This provision will not deprive any active
employee of a work opportunity, upgrade or promotion nor cause the layoff of any
active employee or block the recall of any employee on layoff. Where the Union
can show evidence that a light duty
48
employee is used in violation of the above, such employee will be removed. The
Shop Xxxxxxx and Area Grievanceman on the shift involved will be notified when a
light duty person is assigned.
ARTICLE XVI
General
Section 1. Effective on all pay as heretofore, the City Payroll Tax will be
deducted from the weekly pay of each employee, and be paid by the Company to the
Receiver of Taxes, of the City of Philadelphia, in accordance with the City
Payroll Tax Law at present in effect. The amount of this deduction shall be
shown on each employee's pay envelope each week.
Section 2. If an employee resigns after having been absent, his resignation
will be considered to have taken place the last day worked, without waiver or
intervening rights.
Section 3. The Union agrees that during the life of this contract, it will
not interfere with production or permit any of its members to interfere with
production or production rates, providing such rates are reasonable, just and
not detrimental to the safety of the employee.
Section 4. All veterans of World War II, the Korean War, or Viet Nam or
situations arising therefrom, who previous to induction were employed by the
Company and who have returned within ninety (90) days after their discharge from
War Service shall be compensated for any lost time for medical checkup for
injuries received in World War II, the Korean War, Viet Nam, or situations
arising therefrom, so long as the maximum compensation shall not exceed eight
(8) hours in any thirty (30) day period. Regulation govern-
49
mental procedure shall be obtained in certification of a veteran's incapacity;
proper governmental identification in the form of documentary evidence shall be
submitted to the Plant Manager in such cases. In the circumstances of Malaria,
such veteran would be treated in accordance with Governmental regulations by a
physician duly appointed by the Government. The Company will comply with all
existing Federal and State statutes pertaining to veteran's rights and benefits.
Section 5. The Xxxxxxx may perform such work normally under his jurisdiction
and direction as is necessary, (1) to maintain an uninterrupted flow of work and
normal departmental efficiency, (2) to train employees, and (3) to relieve
bottlenecks in production.
This Article shall not limit the Xxxxxxx in performing other similar work
which is a part of his regular duty as Xxxxxxx, so long as doing such work does
not affect the work opportunities of those employees under him.
(a) Members of the bargaining unit will not perform salary jobs nor will
salary people perform bargaining unit jobs, except where bargaining unit
employees are asked and refused.
Section 6. The Union recognizes that it is necessary for the Company to
issue rules from time to time governing the conduct of employees and that it is
the duty of each employee to familiarize himself with such rules and
regulations. This does not constitute acceptance by the Union of any specific
rules not in compliance with the provisions of this Agreement.
Section 7. In case of jury duty, the Company will make up the difference in
pay between jury duty pay and straight time pay by the Company for forty (40)
hours per week. The Company will pay up to eight (8) hours for employees who
lose time from work due to necessity of going to the
50
Courthouse either to qualify for or to be excused from jury duty.
(a) If an employee is on jury duty and "daily" overtime is scheduled in that
period, the employee will not be entitled to work such overtime. However, that
employee will be entitled to work overtime if it is scheduled on a weekend.
(b) If an employee is on jury duty and death occurs in the immediate family,
the employee will be covered under terms outlined in Section 9 (a) of this
Article.
(c) If an employee is on jury duty and is released for any reason, he shall
have the option of reporting to work or having an excused absence. This option
may be exercised only one (1) day in any one (1) week period and only after
notification to the Company.
Section 8. Any permanent wage employee who is required to attend Military
Reserve Training encampment shall be excused from work up to two (2) weeks and
shall be paid up to two (2) weeks the difference between his military pay and
what he would have earned while working for the Company, up to a maximum of
eighty (80) hours. The employee must present proof of his gross military pay
before any payment is made.
Section 9. (a) An employee will be granted three (3) days off with eight (8)
hours straight time pay in the event of a death in the immediate family for the
purpose of arranging and attending the funeral; the immediate family being
mother, father, spouse, children, brothers, sisters, half-brothers,
half-sisters, mother-in law, father-in-law, son-in-law, daughter-in-law,
step-parents, step-children, grandparents and grandchildren. One (1) of these
three (3) days may follow the funeral.
(b) An employee will be given one (1) day off with eight
51
(8) hours straight time pay to attend the funeral of a step-parent of spouse.
(c) If a death occurs in the immediate family of an employee while he is on
vacation, that employee will be entitled to three (3) consecutive days off
immediately upon conclusion of the vacation period.
Section 10. All employees, who at the time of the signing of the contract,
are volunteer firemen, fire policemen and ambulance personnel, shall be paid for
the time lost at their straight time hourly rate while performing duties at a
fire, if such duties are performed during their regular scheduled working hours.
This paragraph applies when those duties are the cause of an employee reporting
late for work or leaving early.
Section 11. It is the policy of the Company not to discriminate against any
employee or applicant for employment because of race, color, religion, national
origin, sex, age, handicap, veteran's disability, or Vietnam era Veteran.
Section 12. The Company will establish a program of retirement preparation
classes to acquaint employees nearing retirement age with their benefits and, in
addition, they shall have made available to them advise and counsel with respect
to adjusting their mode of living when they retire from active employment.
Section 13. Any employee who is asked to use his own vehicle for Company
business shall receive an allowance of $.28 per mile.
Section 14. Special written agreements in existence prior to the date of
this contract which have not been changed by the terms thereof shall remain in
effect unless subsequently modified by the mutual consent of the Union and the
Company.
52
ARTICLE XVH
Good Faith
Section 1. This Agreement has been entered into in good faith by the parties
hereto and each party agrees that it will carry out this Agreement to the best
of its ability so that harmony and cooperation between the Company and the Union
and the employees covered by this Agreement will prevail for the duration of
this Agreement.
Section 2. The Union agrees to maintain quality standards as established by
the Company in the attainment of full production and efficiency, and to that
end, the Union agrees to observe all rules of the Company not inconsistent with
this Agreement.
Section 3. It is the expressed desire of the Company and the Union that the
procedure outlined in this Agreement for the settlement of disputes will serve
the purpose of effecting a peaceful settlement of all disputes that may arise
during the lifetime of this Agreement. To that end the Company agrees that so
long as the Agreement is in effect, it will not lock out any employees in
connection with a labor dispute.
Section 4. The Union agrees that so long as this Agreement is in effect, it
will not call, cause or sanction any strike, slowdown or stoppage of work during
the lifetime of this contract. The Union further agrees that with respect to any
strike, slowdown or stoppage of work during the lifetime of this contract, the
Company may discharge or otherwise discipline any participating employees and
such discharges or other forms of discipline shall not be the subject of a
grievance by the Union, except on the grounds that the employee or employees did
not participate in any activity prohibited by this Section.
Section 5. It is further understood and agreed that in the event of any
prohibited activities on the part of any employ-
53
ee which is not called, caused or sanctioned by the International or Local
Union, there shall be no liability on the part of the International or Local
Union, its officers or agents on account of such activity.
ARTICLE XVIII
Craft Trades
Section 1 - Classifications
The following jobs comprise the Craft Trades:
a) Tool, Die and Gage Maker
b) Maintenance Mechanic
c) Electronic Tech
Section 2. (a) In the event of a reduction in classification, the affected
employee may bump into the immediate higher pay classification provided he has
the seniority, skill and ability. If he cannot move this way, he may bump to the
next lower pay classification on the basis of seniority, skill and ability. Such
a procedure will be continued down through the classifications until the
employee is placed.
(b) If overtime is necessary in a specific job, the employee assigned to
that job will be given the opportunity to work such overtime. If, however, the
employee refuses the overtime the next employee on the overtime list within the
proper classification will be asked.
1. In the event an overtime job is scheduled for an extended period,
the employee who works such overtime will not be canvassed for
further overtime until other employees in the classification have
worked or refused an equal amount of overtime.
54
2. If no employee in a given classification accepts overtime, employees
in the next qualified classification will be canvassed.
Section 3. Where overtime is required, the work will be Distributed equally
within a classification across shifts.
Section 4. When a tool room employee is needed to perform work out of his
classification, the Company will move the least senior employee qualified to do
the job.
(a) If more than one classification is on an overtime basis and additional
employees are necessary in the overtime classifications, the Company may
schedule qualified employees regardless of classification.
Section 5. When there is a reduction in a classification, the most senior
employee reduced will have the first opportunity to return to his classification
when there is an opening.
Section 6. A committee designated by the Union and the Company will make
changes involving the craft trades.
Section 7. Any employee selected for trades upgrading will be required to
take those courses necessary for such upgrading.
Section 8. The Policy Committee Chairperson will be notified when work is to
be sub-contracted.
ARTICLE XIX
Plant Shutdown
Section 1. In the event of a temporary or permanent plant shutdown, the
Company would continue to provide all benefits but not wages for a period not to
exceed four weeks to employees actively employed by the Company immediately
prior to the shutdown.
55
Section 2. The Company will notify the Union, sixty (60) days prior to any
temporary plant shutdown, unless an emergency arises which makes such notice
impossible.
Section 3. Those employees with vacation remaining are permitted to change
such vacation to correspond with the plant shutdown dates.
Section 4. During a temporary plant shutdown, any production work performed
will be offered to the most senior qualified employees within the department. If
additional employees are needed from outside the department, they will be
canvassed from the master seniority list.
ARTICLE XX
Termination and Notice
Section 1. This Agreement shall take effect as of 7:00 AM October 26, 1996
and shall continue in full force and effect until 7:00 AM October 23, 1999.
Section 2. (a) If either party shall desire to terminate this Agreement,
such party shall give written notice to that effect to the other party hereto
not less than sixty (60) days prior to October 23, 1999. Negotiations shall
begin within ten (10) days subsequent to the receipt of the notice.
(b) Such notice having been given, unless the parties hereto agree otherwise
in writing, this Agreement shall terminate at 7:00 AM on October 23,1999.
Section 3. The written notice provided for under this Agreement shall be
sent by registered mail. If sent by the Company, the notice shall be addressed
to the Union at its principal office for this district, and if sent by the
Union, the notice shall be addressed to the Company at Xxxxxxxx Road,
Kulpsville, Pennsylvania, unless either party shall advise
56
(by registered mail) of any change of address to which notice should be sent.
IN WITNESS WHEREOF, The Company and the Union have executed the Agreement by
their duly authorized representatives.
NICE SPECIALTY BEARINGS-DIVISION
Xxxxxx Xxxxx Director-Labor Relations Xxxxxxx
Xxxxxxx Xxx Vice President-Nice Specialty Bearings
Xxxxxxx Xxxxxxx Channel Manager
Xxxx Xxxxxxxx Xx. Human Resources Administrator
UNITED STEELWORKERS OF AMERICA, AFL-CIO
Xxxxxx X. Xxxxxx President
Xxx X. Xxxxxx Secretary/Treasurer
Xxxxxxx Xxxxx Vice President-Administration
X. Xxxxx Vice President-Human Affairs
Xxxxxx X. Palm District Director
Xxxxxx Xxxxxx Staff Representative
Xxxx Xxxxx President-Local Union
No. 6326 - Nice Unit
Xxxxxx Xxxxxx Vice President-Local Union
No. 6326 - Nice Unit
Xxxxxx X. X'Xxxxx Chairman of Grievance
Committee Local Union
No. 6326 - Nice Xxxx
00
XXXXXXXX "X"
Memorandum of Understanding
All memos of Understanding will be printed in the Contract Booklet.
Memorandum of Understanding
New pension benefits will be applicable to a ten (10) year employee on leave of
absence at the time the contract is executed and who retires prior to returning
from leave.
Memorandum of Understanding
All Policy agreements now in effect will remain in effect unless changed through
negotiations or by the Union and Company Committees.
Memorandum of Understanding
Any Agreement reached between the parties of a Policy Meeting must be reduced to
writing at the time of Agreement. Without such written confirmation, there will
be no Agreement.
Memorandum of Understanding
An employee will receive his vacation pay in weekly checks. As an example,
should an employee take three (3) consecutive weeks of vacation he would receive
three (3) separate weekly checks.
Memorandum of Understanding
Prior to the plant going out of business, the Company will notify the Union
ninety (90) days in advance.
58
Memorandum of Understanding
If an employee has need for an emergency day off during the prime time period,
the Company will continue its past practice. of allowing that day to be post
dated as a vacation day.
Memorandum of Understanding
As long as it is cost effective, janitorial responsibilities for the plant will
be performed by an outside janitorial service. Such duties shall include
cleaning and maintaining lavatory facilities and lockers, emptying dumpsters and
cleaning water fountains.
Memorandum of Understanding
Elimination of Incentive System
The Following provisions have been agreed to:
1. Present incentive employees will be red circled at their current average
hourly rate.
2. The average houny rate is derived from each employee's average hourly
earnings from April through June 1986.
3. For purposes of calculating employee's overtime, holidays and vacation
his individual red circle rate will apply.
4. The red circle will apply for any moves made within a department
including bidding within a department including bidding within a
department to a higher job; however, the red circle rate will not apply
to a downward move within a department if there is more than 20(cents)
5. The foregoing is predicated on the red circle employee maintaining his
productivity, i.e. running the same number of machines, etc., which
created the average hourly earnings at which the employee was red
circled.
59
6. If an employee is bumped from his job to another department or is laid
off from the Company due to a reduction in force, the red circle rate
will not apply.
7. If an employee, bids off his, job to another department voluntarily, the
red circle rate will not apply.
8. An employee who is temporarily transferred for any reason will receive
his red circle rate or the rate of the job to which he is transferred
whichever is higher.
9. If an employee who has been bumped or laid off is recalled to the job
from which he was red circled, that employee's red circle rate will be
established;
10. Red circle rates are applicable only to incumbent incentive employees
and may not be transferred to others.
Memorandum of Understanding
1. The parties agree to adopt the N.M.T.A. job evaluation program.
2. The Company agrees to train three (3) bargaining unit members in all
aspects of job evaluation; however, only two (2) employees will
constitute the union's job evaluation committee.
3. All jobs will be jointly evaluated by the Company and the union in
accordance with the plan. No employee's wages shall be reduced as a
result of the application of this program.
Memorandum of Understanding
The Company shall institute a productivity gainsharing plan in the second year
of the labor agreement. The plan will be in the product of ideas formulated by
both the Company and the Union.
60
Memorandum of Understanding
Overtime hours scheduled prior to the beginning of a shift are not considered
"as such". An employee must work more than 8 hours in his 24 hour cycle in order
to receive overtime except on Saturday and Sunday.
Memorandum of Understanding
The Company will provide a payroll deduction for employees who live in Townships
requiring a 1% employment tax.
Memorandum of Understanding
Management agrees to provide to the Union annual profit and loss statements for
the duration of this agreement.
Memorandum of Understanding
Employees hired after October 26, 1996, will start at $3.00 per hour lower than
the prevailing wage scale in effect for this labor agreement.
61
PAST PRACTICE AGREEMENTS
1. Working of Inventory
When overtime is needed for inventory, other than plant shutdown inventory
on a daily or weekend basis, the following will occur:
When all shifts of a department are involved, employees will first be
canvassed in order of seniority using the shift seniority listing. When less
than all shifts are involved in a department, employees will be canvassed in
seniority order using the departmental seniority listing. If additional
employees are required, they will be canvassed in seniority order using the
plantwide seniority listing. A rotating list will be maintained from one
inventory to another for employees whether in or outside the department.
2. Pre-Inventory Work
When a department is performing pre-inventory work, the employees of the
department involved will perform this work in seniority order.
When all shifts of a department are involved, employees will first be
canvassed in order of seniority using the shift seniority listing. When less
than all shifts are involved in a department, employees will be canvassed in
seniority order using the departmental seniority listing. If additional
employees are required, they will be canvassed in seniority order using the
plantwide seniority listing. A rotating list will be maintained from one
inventory to another for employees whether in or outside the department.
3. "C" Shift
When employees start the "C" shift on Sunday night at 11:00 PM the first
hour worked (11:00 PM to 12:00 AM midnight) will be paid at double time.
62
4. Early Start and Night Shift Premium
When the hours of a specific classification on the "B" or "C" shift is to be
changed to an earlier start, those employees affected will receive their
night shift premium.
5. Overtime-Twenty-four Hour Cycle
When overtime is being worked during the week on one specific shift, the
overtime hours involved will be equalized on the remaining shifts.
6. Department-Least Senior Employee
When work is to be performed in a specific department which is not normally
within the job duties of those employees, the least senior employee of the
department will perform the work unless another employee volunteers
(example-cleanup work.)
7. Departmental Posting
When a posting occurs departmentally and no employee bids for the job, the
least senior employee in the base on the shift will be forced to the job and
trained if necessary. This will occur providing the workforce is not
expanding within the department.
8. Transfer-Hours of Work
After the first day that an employee is transferred into another department,
he will work the hours of that department.
63
NICE SPECIALTY BEARINGS JOB NUMBERS
The following will be effective October 26,1996
Labor Appendix
Job# Grade "A"
Tool Maker 1201 12 $16.05
Electronic Technician 1202 12 $16.05
Maintenance Mechanic 1101 11 $15.75
Grind Service Person 801 8 $14.85
Auto Service Person 802 8 $14.85
Grind Set-Up & Oper. 701 7 $14.35
Grind Surface & O.D. 702 7 $l4.35
Heat Treat 703 7 $14.35
Quality Assurance 601 6 $14.05
Tool Crib Attendant 602 6 $14.05
Laboratory Attendant 603 6 $14.05
Assembly Set-Up
& Oper. 604 6 $14.05
Lathes 501 5 $13.65
Material Handler 502 5 $13.65
Laborer 401 4 $13.25
Pack 301 3 $12.85
64
NICE SPECIALTY BEARINGS JOB NUMBERS
The following will be effective October 25,1997
Labor Appendix
Job# Grade "A"
Tool Maker 1201 12 $16.40
Electronic Technician 1202 12 $16.40
Maintenance Mechanic 1101 11 $16.10
Grind Service Person 801 8 $15.20
Auto Service Person 802 8 $15.20
Grind Set-Up & Oper. 701 7 $14.70
Grind Surface & O.D. 702 7 $14.70
Heat Treat 703 7 $14.70
Quality Assurance 601 6 $14.40
Tool Crib Attendant 602 6 $14.40
Laboratory Attendant 603 6 $14.40
Assembly Set-Up
& Oper. 604 6 $14.40
Lathes 501 5 $14.00
Material Handler 502 5 $14.00
Laborer 401 4 $13.60
Pack 301 3 $13.20
65
NICE SPECIALTY BEARINGS JOB NUMBERS
The following will be effective October 24, 1998
Labor Appendix
Job# Grade "A"
Tool Maker 1201 12 $16.75
Electronic Technician 1202 12 $16.75
Maintenance Mechanic 1101 11 $16.45
Grind Service Person 801 8 $15.55
Auto Service Person' 802 8 $15.55
Grind Set, Up & Oper. 701 7 $15.05
Grind Surface & O.D. 702 7 $15.05
Heat Treat 703 7 $15.05
Quality Assurance 601 6 $14.75
Tool Crib Attendant 602 6 $14.75
Laboratory Attendant 603 6 $14.75
Assembly Set-Up
& Oper. 604 6 $14.75
Lathes 501 5 $14.35
Material Handler 502 5 $14.35
Laborer 401 4 $13.95
Pack 301 3 $13.55
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NOTES
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