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COLLECTIVE BARGAINING AGREEMENT
BETWEEN
XXXX PERFUMES CORP.
AND
OIL, CHEMICAL & ATOMIC WORKERS INTERNATIONAL UNION
AFL-CIO
AND
ITS LOCAL UNION NO. 8-782
FEBRUARY 24, 1996
TO
FEBRUARY 26, 1999
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TABLE OF CONTENTS
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ARTICLE I INTENT AND PURPOSE....................................1
ARTICLE II RECOGNITION...........................................1
ARTICLE III UNION SECURITY........................................2
ARTICLE IV CHECKOFF..............................................3
ARTICLE V REPRESENTATION........................................4
ARTICLE VI ADJUSTMENT OF GRIEVANCES..............................5
ARTICLE VII OBLIGATION OF THE PARTIES.............................7
ARTICLE VIII SENIORITY.............................................7
ARTICLE IX HOURS AND OVERTIME...................................15
ARTICLE X SHIFT DIFFERENTIAL...................................17
ARTICLE XI HOLIDAYS.............................................18
ARTICLE XII VACATIONS............................................19
ARTICLE XIII DISCHARGE OR DISCIPLINE..............................23
ARTICLE XIV NO STRIKE - NO LOCKOUT...............................23
ARTICLE XV RIGHTS OF MANAGEMENT.................................23
ARTICLE XVI SAFETY AND SANITATION................................23
ARTICLE XVII LEAVES OF ABSENCE....................................24
ARTICLE XVIII WAGES................................................25
ARTICLE XIX REPORTING PAY AND CALL IN PAY........................26
ARTICLE XX INSURANCE............................................26
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ARTICLE XXI NOTICE...............................................29
ARTICLE XXII BULLETIN BOARD AND UNIFORMS..........................29
ARTICLE XXIII PENSION PLAN.........................................30
ARTICLE XXIV MODIFICATION OR CHANGE IN AGREEMENT..................30
ARTICLE XXV SICK LEAVE...........................................31
ARTICLE XXVI JURY DUTY............................................31
ARTICLE XXVII 401K PLAN............................................32
ARTICLE XXVIII SEVERANCE PAY........................................32
ARTICLE XXIX TERM OF AGREEMENT....................................32
SCHEDULE "A"....................................................35
SCHEDULE "B"....................................................36
SCHEDULE "C"....................................................38
EXHIBIT A .....................................................39
COMPANY WORK RULES..............................................47
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Exhibit 10.155
COLLECTIVE BARGAINING AGREEMENT
THIS COLLECTIVE BARGAINING AGREEMENT entered into this 1st day
of March, 1996, by and between XXXX PERFUMES CORP., its successors and assigns,
a Delaware corporation having its plant at Xxxxxxxxx Xxxxxxxxxx Xxxx,
Xxxxxxxxxxx, Xxxxxxxxxxxx, hereinafter referred to as "Employer," and OIL,
CHEMICAL & ATOMIC WORKERS INTERNATIONAL UNION, AFL-CIO and its LOCAL UNION
8-782, hereinafter collectively referred to as "Union."
W I T N E S S E T H :
WHEREAS, THE UNION IS THE EXCLUSIVE BARGAINING AGENT FOR ALL
PRODUCTION AND MAINTENANCE EMPLOYEES EMPLOYED AT THE EMPLOYER'S PLANT AT
CRESTWOOD INDUSTRIAL PARK, MOUNTAINTOP, PENNSYLVANIA, EXCLUDING GUARDS, CLERICAL
EMPLOYEES, EXECUTIVES AND SUPERVISORS, AS DEFINED IN THE ACT;
NOW, THEREFORE, THE EMPLOYER AND THE UNION DO HEREBY AGREE TO
THE FOLLOWING:
ARTICLE I
INTENT AND PURPOSE
It is the objective of the parties to this Agreement that the
obligation of the Employer for the successful operation of its business and the
fulfillment of its responsibilities to its employees be carried on without
interference arising from differences between the parties.
Therefore, it is their intent to set forth herein their
agreement with respect to rates of pay, hours of work, and conditions of
employment to be observed by the Employer, the Union, and the employees covered
by this Agreement; to provide procedures for a fair and equitable adjustment of
grievances; to stabilize employment by preventing lockouts, interruptions of
work, work stoppages, strikes, boycotts, or other interferences with the
operations of the Employer during the lifetime of this Agreement; to develop
plant efficiency and growth; and to promote harmonious relations between the
Employer, its employees, and the Union.
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ARTICLE II
RECOGNITION
SECTION 1. The Employer recognizes the Union as the sole and
exclusive bargaining agent in all matters relating to rates of pay, wages,
hours, and conditions of employment for all of its production, shipping
warehousing, and maintenance employees, excluding executives, professional and
clerical employees, chemists, experimental, developmental, and laboratory
employees, guards and all supervisors as defined by the National Labor Relations
Act, as amended, at its plant at Xxxxxxxxx Xxxxxxxxxx Xxxx, Xxxxxxxxxxx,
Xxxxxxxxxxxx, or any expansion thereof within a radius of fifteen miles. It is
understood that said unit is separate and distinct from any other operation of
this or any affiliated company elsewhere.
SECTION 2. Supervisory employees shall not be permitted to
perform work covered by the terms of this Agreement except in the following
types of situations: (1) when qualified employees are not available, (2) in the
instruction of employees, (3) when relieving employees for urgent or special
work, (4) when relieving employees during relief periods in order to continue
normal production flow, (5) when testing new equipment, processes, products or
methods of manufacture, and (6) in emergencies.
SECTION 3. It is the continuing and recognized policy of the
Company and the Union that the provisions of this Agreement shall be applied
fairly in accordance with those federal and state employment laws relating to
race, color, religious creed, sex, age and national origin, and there shall be
no discrimination by the Company or the Union on account of such factors.
Whenever the term "his" is used throughout this Agreement, it shall refer
interchangeably in compliance with the aforesaid policy to male or female.
ARTICLE III
UNION SECURITY
SECTION 1. All employees in the bargaining unit as described
above shall, as a condition of employment, become and remain members of the
Union in good standing 30 calendar days after their employment commences.
SECTION 2. Members in "good standing" is defined as a Union
Member who has paid his dues and initiation fees.
SECTION 3. Temporary employees' hiring period not to exceed
120 working days, except for students currently enrolled in High School or
College, who are exempt from any limitations. The term "employee" shall be
defined as persons in the
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bargaining unit as described in Article II herein but excluding casual or
temporary employees, or employees hired for a specific period, which period
shall not exceed 120 working days. The Employer shall notify the Union as well
as the employees when employment is on a temporary basis. In the event the
Company intends to retain any of such employees on a permanent basis, it will
notify the Union of such intention on or before the 90th working day of said
employee's employment and such temporary employment shall be deemed the
probationary period of such employee. If the employee becomes permanent, he
shall be given seniority from his first day of last hire. This right to hire
temporary employees shall not be used to displace regular employees and the
120-day period shall be the aggregate of all days worked during the six months
following his last hire.
SECTION 4. Temporary employees shall not be rehired as such
within six (6) months of the day of their last separation. Should they, however,
be hired as permanent employees withing the six (6) month period following their
last separation, time spent as a temporary employee during the preceding six (6)
month period shall be deemed probationary service. Seniority of such employee,
however, shall commence with the day of his hire as a permanent employee.
SECTION 5. Temporary and probationary employees shall, after
30 calendar days of employment, be obligated to pay the Union an agency fee
equal to the monthly dues of Union members.
ARTICLE IV
CHECKOFF
SECTION 1. Upon receipt of a signed written authorization from
its employees, the Employer will deduct from the employee's wages the Union
initiation fee, agency fee, or monthly dues provided for in said authorization,
as follows:
(a) For those employees hired on a permanent basis, the
Employer will deduct the amount of the initiation fee from the first pay due
said employee after said employee has completed his sixty (60) calendar day
probationary period as provided in Article III herein.
(b) For those employees hired on a temporary basis, the
Employer will deduct the amount of the initiation fee from the first pay due
said employee after said employee has attained permanent status as provided in
Article III herein.
(c) The Employer will deduct the monthly Union dues for
employees so authorizing their deduction in the second pay period of each month.
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(d) The Employer will deduct the monthly Union agency fee for
all employees so authorizing their deduction in the second pay period of each
month.
(e) Amounts deducted, as provided for above, shall promptly be
remitted to the Secretary of the Union.
SECTION 2. The checkoff authorization shall be irrevocable for a period
of one (1) year of the termination date of the contract then in effect, which
ever occurs sooner. In the event it automatically renews itself, it shall be for
further periods of one (1) year or the termination date, of the contract then in
effect, which ever occurs sooner; provided, the employee shall have the right to
revoke the checkoff authorization not more than twenty days and not less than
ten days prior to the expiration of any irrevocable period by giving written
notice to the Company and the Union within such period. The form of the
authorization shall be in accordance with the existing Federal and State Labor
Laws and substantially as set forth in Exhibit "A" hereto attached.
SECTION 3. The Union will indemnify and save the Employer harmless
against any and all suits or other forms of liability which shall arise upon or
by reason of action taken by the Employer for the purpose of complying with this
Article.
ARTICLE V
REPRESENTATION
SECTION 1. There shall be a negotiating committee consisting of not
more than six (6) persons, one of whom shall be the President of the Union, two
of whom shall be members of the production department, one of whom shall be from
the maintenance department or receiving-warehousing department, one of whom
shall be from the shipping department and one of whom shall be from the second
shift.
SECTION 2. There shall be a grievance committee for the Union selected
by it, consisting of not more than four (4) members in the bargaining unit.
SECTION 3. The Union agrees for itself and its members that time spent
in the processing of grievances will be bona fide for the processing of
legitimate and not frivolous grievances and not for the purpose of harassing or
impeding operations of the Employer. Moreover, it agrees that time spent in the
processing of grievances will be at a time which is mutually convenient to the
Employer and the grievance committee.
SECTION 4. The Employer and the Union agree that neither will
discriminate against any employee because of his Union membership or because of
his Union activities, provided such activities are not in violation of any part
of this
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Agreement; nor shall any officer or member of the Union attempt to coerce or
intimidate a member or employee of the Company.
SECTION 5. Each department shall have a xxxxxxx selected by
the employees in that department. Any grievance advanced by an employee may be
taken to his department xxxxxxx as hereinafter provided who will, to the best of
his ability, attempt to settle such complaint with the immediate supervisor of
the employee advancing the grievance. The department xxxxxxx shall have no
authority to act on grievances outside of his own department.
ARTICLE VI
ADJUSTMENT OF GRIEVANCES
SECTION 1. Should any grievance or dispute arise between the
Employer and the Union or any of its members, as to the interpretation of or
compliance with the provisions of this Agreement, there shall be no work
stoppage, shutdown, strike, suspension or interruption of work on the part of
the Union or lockout on the part of the Employer on account of such grievance or
dispute, but an xxxxxxx effort shall be made to settle such matter promptly in
accordance with the procedure set forth in the Article as follows:
STEP ONE: Within two working days after the occurrence of the
facts alleged to constitute a grievance, the aggrieved employee may present and
discuss his grievance with his supervisor. Said employee may be accompanied by
his department stewards if he so desires and said employee may discuss the
grievance during working hours.
STEP TWO: If no settlement is reached in Step One above, the
aggrieved employee may refer the grievance in writing to his department
superintendent within three days from the date on which his complaint was
rejected by his supervisor. Such appeal must be in writing, submitted on forms
as agreed upon by the parties hereto, and shall be dated and signed by the
employee and his department xxxxxxx. The written grievance shall set forth the
complete statement of the material facts and specific section or sections of
this Agreement allegedly violated and the relief sought. Such appealed grievance
shall be discussed at a mutually convenient time between the department
superintendent or his designated representatives. Such meeting shall be held
within five days from the date of filing the appeal. Either party may call
witnesses. The answer of the Employer shall be in writing and shall be three
workdays from the date of the meeting.
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STEP THREE: If no settlement is reached in Step Two above, the
President of the Union may serve written notice of appeal upon the PLANT MANAGER
of the Employer within five workdays after the Employer's answer in the above
Step has been supplied. Within ten workdays of said appeal the plant manager and
his designated representatives shall confer with members of the grievance
committee at a mutually convenient time and place which may be attended by the
International Union Representative, the aggrieved employee, and his department
xxxxxxx. The total number of Union representatives and the aggrieved employee
shall not exceed five. the answer of the Employer shall be made within five
workdays after said meeting and shall be in writing.
STEP FOUR: In the event such grievance by the employee is not
settled in a manner satisfactory to the Union or the Company in the above Step,
then either party shall have the right to submit such grievance to arbitration
for final and binding decision. The party deciding to do so shall notify the
other party in writing of its intentions to arbitrate within ten workdays after
the decision in the above Step. The parties may mutually agree in writing to
extend said period.
SECTION 2. SELECTION OF ARBITRATOR. In the event a grievance
is referred to arbitration, the parties shall endeavor to mutually agree upon an
arbitrator. Should they fail to do so within five days of the notice of intent
to arbitrate as above, then either party may request the appointment of an
arbitrator pursuant to the rules of the F.M.C. Service then appertaining.
SECTION 3. ARBITRATOR'S DUTIES. Except to the extent as
provided in Article XVIII, Section 3, the arbitrator shall have no authority to
add to, subtract from, or in any way change or modify the terms of this
Agreement, including the rates of pay herein established, or to decide issues
that are not the subject matter of this Agreement. His fee and expenses shall be
shared equally between the parties to this Agreement. He shall render his
decision within twenty-one calendar days after the close of the hearing.
SECTION 4. The arbitrator shall not have the authority to
decide whether there was in fact a wildcat strike, slowdown, interruption or
picketing in violation of Article XIV of this contract and any remedies or
actions by the Employer for a violation of Article XIV may be determined by an
action in the appropriate court of law or by proceedings before the National
Labor Relations Board; provided, however, that should any strike or work
stoppage occur without the Union's consent, it will endeavor in good faith upon
receipt of written notice from the Employer to bring about the immediate return
to work of its members who have stopped working, and compliance by the Union in
good faith with this provision shall relieve it from damages for any
unauthorized strike. In addition, the arbitrator shall not have the authority to
decide disputes that are not submitted during the life of this contract or
matters that are not presented by the Union as a party or by the Employer as
hereinafter provided.
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SECTION 5. The parties recognize that many operations in
manufacture and distribution of the Company's products are performed by
contractors and by other companies and that its right to have such production or
distribution performed elsewhere shall not be curtailed and shall not be subject
to arbitration.
SECTION 6. The Employer shall have the right to present
grievances to the Union. The procedure for the presentation of said grievances
shall begin with Step Three above, and shall be adopted for said purpose.
SECTION 7. Grievances not appealed after the last answer shall
be deemed settled on the basis of such answer. If there is not compliance by the
Employer within the allotted time at any of the Steps of the grievance
procedure, the employee may in that event proceed to the next Step in the
grievance procedure.
ARTICLE VII
OBLIGATION OF THE PARTIES
SECTION 1. The Union, its officers, representatives, members,
and all employees represented by it, bind themselves to observe the provisions
of this Agreement.
SECTION 2. The Company, its officers, and representatives,
also bind themselves to observe the provisions of this Agreement.
ARTICLE VIII
SENIORITY
SECTION 1. Seniority shall be defined as an employee's length
of continuous service from the last date of hiring with the Employer and shall
be calculated upon a plant-wide basis. In determining an employee's length of
continuous service for seniority purposes, said employee shall receive one
credit for each workweek of continuous service consisting of five (5) hour daily
shifts and 1.6 credits for each workweek of continuous service consisting of
eight (8) hour daily shifts. The accumulation of such credits shall constitute
the employee's seniority. Credits for employees while on layoff, leave of
absence, or other time off not constituting a break in continuous service as
hereinafter defined, shall be based upon the daily shift to which the employee
was regularly assigned prior to layoff, leave of absence, etc. In the event two
or more employees shall have the same accumulation of seniority credits, the
employee with the earliest date of continuous service shall be considered more
senior. In the event
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two or more employees shall have the same accumulation of seniority credits and
the same date of continuous service hire, the employees shall be ranked in
accordance with the alphabetical order of their last names.
SECTION 2. CONTINUOUS SERVICE. Continuous service shall be
calculated from the date of first employment with the Employer, or re-employment
following a break in continuous service. Continuous service shall be broken by:
(a) Quit.
(b) Discharge for just cause.
(c) Absence from work for a period of 72 hours
without permission unless such absence is due to a bona fide illness or injury
and the employee has notified the plant switchboard or the employee's department
superintendent of such sickness or injury promptly.
(d) Failure to report to work within twenty-four
hours after the expiration of a leave of absence granted by the Employer.
(e) Failure to return to work within five (5) days
after delivery by mail of a written notice by the Employer to the employee's
last address appearing on its records, unless the employee gives a reasonable
excuse for failure to report to work, provided that no claim for retroactivity
shall arise if the Employer calls in another employee temporarily. It shall be
the duty of the employees to furnish to the Employer their last known address
and telephone number.
(f) Absence due either to layoff or disability for a
continuous period of more than eighteen months, except that absence due entirely
to a compensable injury received in the course of an employee's employment by
the Employer and recognized by its insurance carrier or the Xxxxxxx'x
Compensation Bureau as compensable, shall not, to the extent of the period for
which such statutory compensation is payable, be included in the computation of
the said 18-month period. The Employer shall be relieved of all and any
liability under this section in the event of a decision of the Xxxxxxx'x
Compensation Bureau holding an employee ineligible is subsequently reversed,
overruled, or changes so as to allow compensation.
SECTION 3. The following shall be recognized departments:
a. Production
b. Shipping
c. Maintenance
d. Receiving and Warehousing
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SECTION 4. POSTING OF SENIORITY LIST. The Employer shall post
a seniority list within 30 days after the signing of this Agreement and will
keep such list reasonably up-to-date. When the seniority of an employee is
terminated by the Employer, written notice thereof shall be given to the
employee involved and the Union. If any employee disputes his position on the
seniority list, he shall register his protest in writing within five (5) working
days after said list has been posted. The matter will then be settled by both
the Employer and the Union or submitted to arbitration in accordance with the
provisions of this Agreement. In the event an employee does not protest his
position on the seniority list within five (5) working days after it has been
posted, he shall be deemed to have accepted his position as stated by the
Company, unless there is a clerical error in which event it shall be promptly
corrected upon discovery. An employee on vacation at the time that the seniority
list is posted shall have five (5) working days upon his return from vacation to
make a protest concerning the seniority list. Simultaneously with the posting of
the seniority list, a copy shall be tendered to the Secretary of the Union.
SECTION 5. PROBATIONARY EMPLOYEES. All new employees hereafter
employed and those hired after a break in continuous service shall be regarded
as probationary employees for the first 60 calendar days after their employment
commences and they shall receive no continuous service credit during this
probationary period. Whether they shall be laid off or discharged during this
probationary period is to be exclusively determined by the Employer. At the
expiration of the probationary period, such employee shall then be placed on the
seniority list retroactive to the date of his last hire.
SECTION 6. TEMPORARY EMPLOYEES. Casual or temporary employees
shall not be placed on the seniority list and they may be laid off or discharged
in the exclusive discretion of the Employer. Said employees may be hired to fill
positions in wage grade (1) or wage grade (5) as more particularly set forth in
Schedule "B" attached hereto and made a part hereof and shall be ineligible to
fill positions in wage grades greater than the wage grade in which they are
hired unless there are no permanent employees who desire said positions.
SECTION 7. (a) Seniority shall be recognized for the purposes
of layoffs, recalls and job vacancies. It shall be applied on a plant-wide basis
according to the physical fitness, ability and efficiency of the employee to
perform the job, it being understood that length of service shall be the
governing factor when physical fitness, ability, and efficiency to perform the
job are relatively equal. Because of the Company's responsibility for the
operation of the plant, it shall judge a person's physical fitness, ability and
efficiency for the job, it being understood that the Company, in exercising its
judgment, shall not act in an arbitrary and capricious fashion. Any employee
feeling aggrieved by the Company's decision in this regard may submit the
question of whether or not the Company acted in an arbitrary and capricious
fashion in exercising its
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judgment under the terms of this Section 7(a) to arbitration pursuant to the
grievance procedure contained in Article VI herein.
(b) In the event of any layoff in a department,
probationary and temporary employees will be laid off first. In temporary
layoffs, that is, layoffs of five work days or less, because of material or
mechanical failures, Act of God, or other circumstances beyond the control of
the Employer, regular employees need not be laid off according to seniority
provisions in this Section. In case of a layoff in excess of five workdays, the
seniority provisions of this Article shall be observed. The Company shall
provide a minimum of three workdays' notice for a layoff in excess of five
workdays. After a layoff has been posted, at the beginning of the third day the
Personnel Office will canvas the employees being laid off and have them verify
whether they choose to bump or accept a layoff. Said notice shall be posted on
the bulletin board and a copy given to the Secretary of the Local Union. Said
notice shall also be given to those employees whose jobs are being shut down.
(c) In case of a layoff in excess of five workdays,
except as provided in Section 7(d) herein, the Company will displace, bump, or
lay off an employee in the order of plant-wide seniority, taking into
consideration the physical fitness, ability and efficiency of the employee to
perform the job as indicated above. The employee who is displaced, bumped, or
laid off shall be entitled to bump a less senior employee once as follows:
STEP ONE: A less senior employee in any job classification on
any shift in the same rate grade, or
STEP TWO: A less senior employee in any job classification on
any shift in a lower rate grade, or
STEP THREE: A less senior employee in any job classification
on any shift in a higher rate classification, provided that the laid-off
employee has previously held the higher classification for a period or 90 days
within the past three (3) years, and if he can perform -- in the judgment of
management -- all of the duties of the job at the time of the bumping procedure,
the time limits shall not apply to jobs rated grade 5 and below.
An employee who has bumped shall immediately receive the basic
hourly rate for the job to which he was bumped.
If there shall be a layoff of
"Special-picker-packer-checkers," or "Export-Special-picker-packer-checkers,"
Special-picker-packer-checkers shall be laid off first by seniority.
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(d) The provisions of Section 7(c) of this Article
shall not permit an employee who is not within the following classifications to
bump into said classifications:
1. Maintenance Mechanic
2. Technical Mechanic
3. Batch Mixer, all classes
4. Export-Special-picker-packer-checker
Bumping within the above-listed classifications shall be
governed by Section 7(e) of this Article.
(e) Providing they have greater seniority, only a
Batch Mixer Class A may bump a Batch Mixer Class B.
A Special-picker-packer-checker may not bump an
Export-Special- picker-packer-checker.
Except its otherwise provided in this Section 7(e), employees
in the classifications listed in Section 7(d) of this Article shall be entitled
to bump in accordance with Section 7(c) of this Article.
(f) In all cases of layoffs, promotions, transfers,
recalls, job vacancies, or demotions, an employee's physical fitness, ability
and efficiency to perform the job and for which he can be readily trained may be
determined by the Company by the administration of tests. Such tests shall be
reasonable, fairly related to the job, and in those cases where two or more
employees have attained a passing grade, the employee with the greater seniority
shall be given the job. The Company will permit the Chief Xxxxxxx and/or the
President of the Union to review test results, but it is agreed that such
results shall be kept confidential and revealed only to the employees who took
the test.
(g) Except as provided by law, there shall be no
discrimination in pay between male and female employees for equal work on jobs
providing there is equality in quantity and quality of work and the performance
of which requires equal skill, effort, responsibility, and which is performed
under similar working conditions.
SECTION 8. TRANSFERS. (a) To assure a more permanent
employment and efficiency of plant operations, and meet the fluctuations and
requirements of business, it is agreed that in the discretion of the Employer,
the duties of the employees in the various classifications shall be
interchangeable with each other and the Employer shall be free to transfer and
assign employees from one department and job to another as required by operating
needs. If two persons are available to go to a special assignment, seniority
shall prevail.
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(b) Except as provided in Section 8(c) below, an
employee transferred from one job to another with a higher rate should be paid a
minimum of four (4) hours at the higher rate. Any hours in excess of four (4)
hours shall also be paid at the higher rate until that person is transferred
back to his regular job. An employee transferred to a job with a lower rate
shall continue to receive the higher rate.
(c) An employee transferred to work on returns and
reconditioning merchandise or an employee transferred to work in conjunction
with the Production Line Coordinator who does not perform the complete job
duties and responsibilities of the Returns and Reconditioning Clerk or
Production Line Coordinator, as the case may be, shall receive the following
applicable rate:
(i) If the rate for the employee's regularly
assigned job is higher than the rate for the Returns and Reconditioning
Clerk, if assigned to work on returns and reconditioning merchandise,
or the Production Line Coordinator, if assigned to work in conjunction
with said employee, said assigned employee shall receive the rate of
his regularly assigned job.
(ii) If the rate for the employee's regularly
assigned job is lower than the rate for the Returns and Reconditioning
Clerk, if assigned to work on returns and reconditioning merchandise,
or the Production Line Coordinator, if assigned in conjunction with
said employee, said assigned employee shall receive a rate for said
work equal to the rate of his regularly assigned job plus fifty (50%)
percent of difference between the rate of his regular assigned job and
the rate of the Returns and Reconditioning Clerk, or Production Line
Coordinator, whichever is applicable.
(d) Transfers of Group Leaders within a department --
when a Group Leader is transferred within his/her own department to a different
job classification for the purpose of filling in for someone who is absent or on
vacation, that person will carry the rate of the higher of the new
classification or his/her permanent classification, plus his/her Group Leader
pay.
For the purposes of these transfers only, the following shall
be considered separate departments: Production, Receiving, Maintenance, Return
Goods, Shipping, Maceration, and Production Maintenance.
SECTION 9. SUPER-SENIORITY. With respect to layoffs and
recalls only, the President, Financial Secretary, shall have the highest
seniority during their tenure of office, provided he or she has at least one
year's seniority with this Company.
SECTION 10. VACANCIES AND NEW JOBS. A vacancy is defined as a
job opening in an existing job classification where an employee's employment
relationship in
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the job with the Employer is terminated for any reason whatsoever. The Union
shall have the right to submit to arbitration the question of the reasonableness
of the qualifications established by the Company. A new job is defined as a job
opening resulting from the creation of a new workstation. The decision whether
or not to fill a vacancy shall be at the sole discretion of the Employer.
The vacancy or new job shall be posted by the Employer for
three working days and shall contain the department, job title, job duties,
qualifications, and rate of pay. All employees desiring to bid for such jobs
shall place their names on the forms provided and deposit same in the locked box
in the place of posting within said three days and the Employer shall award the
job in accordance with the factors hereinbefore set forth in this Article. An
employee awarded a job must perform said job for the minimum trial period as set
forth in Schedule "A" attached hereto and made a part hereof.
If no employees bid for the job vacancy or the new job, or
there are no acceptable applications, the Employer shall have the right to fill
the job by assignment, if agreeable to the employee, or the hiring of an
employee from outside the plant.
An employee who successfully bids for a new job or vacancy
shall not be allowed to bid for another job or vacancy carrying a lower rate for
two (2) years. Said employees shall not be allowed to bid for a job or vacancy
of equal rate of pay in another department for one (1) year, and within said
employee's department, another job or vacancy of equal rate pay for one (1)
year.
An employee who successfully bids a vacancy or a new job shall
have a trial period as set forth in Schedule "A" attached hereto and made a part
thereof, to obtain average, consistent, normal production. If he or she does not
maintain such consistent, average, normal production, then such employee shall
be returned to his or her former job and Employer shall have the right to fill
the job by assignment, if agreeable to the assigned employee, or hire an
employee from outside the plant. An employee who successfully fills a vacancy or
a new job in another department shall, after the maximum trial period as
provided in Schedule "A," transfer all of his plant seniority.
A "temporary vacancy" shall be defined as a vacancy which is
scheduled by the Company to exist for one hundred twenty (120) calendar days or
less, and involves a job classification in a wage grade which carries a higher
rate of pay than wage grade (5). In the event that a temporary vacancy arises,
it shall be offered, in the normal bidding process contained herein, to
permanent employees plant-wide, all of which must be in a grade or
classification lower than the grade or classification of the vacancy. If no
permanent employees bid for the job, then the Company shall be free to fill the
vacancy by transferring a permanent employee, transferring a temporary employee,
or hiring a new employee.
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SECTION 11. TERMINATION OF SENIORITY. An employee shall lose
all seniority and he or she shall be considered a new employee if ever
re-employed, for any one of the following reasons:
1. Failure to become a member of the Union in
accordance with the provisions of Article III, Section 1.
2. Justifiable discharge.
3. Absence from work for a period of 72 hours without
permission unless such an absence is due to a bona fide illness or injury and
employee has promptly notified the Employer of such disability.
4. Voluntary quitting.
5. Accepting employment while on leave of absence, or
violating the terms of his leave of absence.
6. In the event a layoff continues for a period in
excess of eighteen months.
7. If after being laid off the employee does not
return to work, as notified, within five days after delivery by mail of written
notice to his address appearing on the Employer's records, unless he is unable
to return within said period because of a bona fide illness or injury supported
by a doctor's certificate, if required by the Employer, in which case his recall
period shall be extended for the period of his illness or injury, not to exceed
a period of six months.
8. If he or she gives a false reason for obtaining a
leave of absence.
It shall be the responsibility of each employee at all times
to keep the Employer informed of his or her latest address and telephone number.
SECTION 12. SENIORITY-SUPERVISORY. When an employee is
selected by the Employer to be a supervisory or clerical employee outside the
bargaining unit, a supervisory employee shall have nine months and a clerical
employee three months during which the employee may voluntarily return or be
returned by the Employer to the bargaining unit. During this period, seniority
shall accumulate and the employee so selected will be subject to a checkoff of
dues. After the period has expired, such employee shall lose all his seniority
rights under the contract and he or she shall be discharged from Union
membership and the obligation to such person on the part of the Union shall
cease.
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SECTION 13. If an employee is required to perform military
service under the laws of the United States of America, or voluntarily enters
into such military service to perform his duty in lieu of draft, his seniority
shall continue to accumulate for the duration of his required tour of duty. Any
employee reenlisting after performing his original duty call as aforesaid shall
lose all seniority rights under this Agreement.
SECTION 14. It is understood and agreed that the deletion of
the mandatory requirement of a doctor's certificate in Article VIII, Section
2(c), in Article VIII, Section 11(3), is not intended to diminish the
obligations of the employee otherwise specified in those sections. It is further
understood that a doctor's certificate will be required when, in the opinion of
the medical personnel of the Company, there is a threat to the safety and health
of the employee returning to work or to other employees. It is further
understood and agreed that the Company will exercise its right to establish and
enforce reasonable rules of attendance.
SECTION 15. RECALL. In the event of a recall after a layoff as
described in Paragraph 7(c) herein, the Company shall offer the opportunity for
recall in the order of greatest plant-wide seniority first among those employees
who are on layoff and those who are not in their regular classification as a
result of exercising the right to bump on layoff taking into consideration the
physical fitness, ability and efficiency of the employee to perform the job.
ARTICLE IX
HOURS AND OVERTIME
SECTION 1. Eight hours, exclusive of lunch periods, shall
constitute a normal day's work. Forty hours shall constitute a normal workweek
made up of five consecutive days, Monday through Friday inclusive, except for
maintenance, utility and xxxxxx classifications whose normal workweek shall be
any five consecutive days. The lunch period shall consist of 30 minutes, which
shall be without pay.
SECTION 2. Time and one-half the regular rate shall apply on
all work performed by the employee in excess of forty hours in any one week and
eight hours in any one day. No employee, however, will be paid overtime twice
for the same hours of work. Except for such employees whose regular workweek
includes Saturday and/or Sunday, the Employer will pay time and one-half the
regular rate of pay for work on Saturday and two times the regular rate of pay
for work on Sunday, provided that the employee working on Saturday has not
absented himself from work scheduled during the workweek for reasons other than
an industrial accident occurring in the plant, or a bona fide sickness, or leave
of absence as set forth in this Agreement.
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SECTION 3. A "workday" is deemed as a twenty-four hour period
beginning with each employee's starting time. A "workweek" begins with the first
shift on Monday morning and ends on the last shift beginning Sunday evening. An
employee shall be considered a first-shift employee if a majority of his
regularly scheduled working hours fall during the regularly scheduled first
shift. A second-shift employee shall be one for whom a majority of his regularly
scheduled working hours shall fall during the regularly scheduled second shift.
A third-shift employee shall be one for whom a majority of his regularly
scheduled working hours shall fall during a regularly scheduled third shift.
SECTION 4. All work performed on the recognized holidays
hereinafter provided shall be compensated for on the basis of time and one-half
the regular rate in addition to the holiday pay.
SECTION 5. In the event an employee is required to work beyond
his or her normal workday, all hours worked in excess of nine hours in one day
shall be at the option of the employee. In the event an employee is required to
work overtime hours on Saturday, he or she shall have not less than one day's
notice except for maintenance, utility and xxxxxx employees. Overtime worked on
Sundays and holidays shall be at the option of the employee except for
maintenance, utility and xxxxxx employees. As far as is possible, overtime on
Saturdays shall be on a voluntary basis; provided, however, that if the
complement of employees cannot be filled on a voluntary basis, the Company shall
have the right to require the performance of said overtime by the least senior
qualified employees who are capable of doing the particular work involved.
SECTION 6. When there is overtime work, insofar as it is
practicable, it shall be divided as equally as possible among the permanent
employees in the same classification. Temporary or casual employees shall not
perform overtime work in a department if there is an available permanent
employee in that department capable of performing the work.
SECTION 7. OVERTIME IN A SPECIFIC JOB CLASSIFICATION. (a) A
department which has overtime work in a specific job classification will offer
the overtime in accordance with the following:
1. Firstly, to employees currently working
in that job classification in that department;
2. If the Employer needs additional
employees, it will solicit all other employees within that department,
in order of plant seniority;
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3. If the Employer needs additional
employees, it shall then offer the overtime to the employees with the
most plant-wide seniority who is currently working in the specific job
classification in any other department;
4. If the Employer requires additional
employees, it shall then offer the overtime to all employees,
regardless of classification, taking into consideration plant-wide
seniority and distribution of overtime as equally as possible.
(b) It is understood that, in performing the job, the
employee shall receive the overtime pay rate of his regular classification or
the overtime rate of the job being performed, whichever is greater.
(c) If the Employer shall violate the provisions of
this Section 7, the remedy of the employee shall be for that employee to be
given the opportunity to perform the next available overtime assignment. We will
try to equalize the total hours of overtime by combining several assignments if
necessary.
ARTICLE X
SHIFT DIFFERENTIAL
SECTION 1. Eight-hour shift employees working on the second
shift as hereinafter provided shall receive a differential or premium of
Twenty-five ($.25) cents per hour for each hour worked on such shift. An
eight-hour shift employee working on the third or night shift as hereinbefore
provided shall receive a differential or premium of Thirty ($.30) cents per hour
for each hour worked on such shift.
SECTION 2. An employee scheduled for the first shift who
completes his regular eight-hour turn and continues to work into the second
shift period shall not receive the second shift differential premium but only
such premium rate for overtime as hereinbefore provided in Article IX of this
contract.
SECTION 3. An eight-hour shift employee regularly scheduled
for work on the second shift who completes his regular eight-hour turn and
continues to work into the third shift shall be paid the second shift
differential, namely, Twenty-five ($.25) cents for all hours worked on the third
shift. An eight-hour shift employee regularly scheduled for work on the third
shift who completes his regular eight-hour turn and continues to work into the
day shift shall be paid the third-shift differential, namely, Thirty ($.30)
cents per hour for all hours worked on the day shift under such circumstances.
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SECTION 4. The permanent eight-hour second- and third-shift
employees are to receive shift differential in their vacation pay, holiday pay
and sick pay.
If an employee is called in before the start of his normal
shift during the employee's normal workweek, all hours worked during that
workday both before and after the employee's normal shift time will be
compensated in accordance with the shift differential normally associated with
the employee's regular shift. If an employee is scheduled to work on other than
his regularly scheduled workday, the shift differential which shall apply will
be determined in accordance with this Section, namely, where the majority of the
employee's hours fall with respect to the normally scheduled shifts.
ARTICLE XI
HOLIDAYS
SECTION 1. The following holidays shall be observed and all
permanent employees shall receive one day's pay therefor at their straight time
rate, provided they meet the eligibility requirements provided herein:
1. New Year's Day
2. Floating Holiday
3. Good Friday
4. Memorial Day
5. July 4th
6. Labor Day
7. Thanksgiving Day
8. Friday after Thanksgiving
9. The regularly scheduled workday immediately prior to
Christmas Day
10. Christmas Day
11. The regularly scheduled workday immediately prior to
New Year's Day
NOTE: Employees must give at least 48 hours' notice when requesting the floating
holiday.
SECTION 2. To be entitled to holiday pay, the employee shall
be on the payroll in excess of 30 calendar days since his date of last hire and
shall have worked at least one day during a period of time measured by the
workweek immediately before the workweek in which the holiday falls and the
workweek immediately after the holiday falls, and he shall have worked his last
scheduled workday prior to and his next scheduled workday after such holiday,
unless absent for a bona fide sickness. If an employee is laid
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off during the holiday week, the requirement that he or she shall work the next
scheduled workday after the holiday shall be waived.
SECTION 3. If any of the foregoing holidays falls on a Sunday
it shall be observed on the following Monday. If any of the foregoing holidays
falls on a Saturday it may be observed on the preceding Friday or following
Monday at the option of the Employer, provided that the Union is given 21 days'
notice of said selection.
ARTICLE XII
VACATIONS
SECTION 1. An employee who meets the eligibility requirements
as set forth in this Article shall be entitled to a vacation for which a
vacation allowance shall be paid in accordance with the following schedule:
(a) An employee who has been employed less than one
(1) year and who is working during the pay period of June 30 shall be entitled
to one (1) day's vacation for each ten (10) weeks of continuous service prior to
June 30, provided he has earnings in each of said weeks, for which a vacation
allowance shall be paid of .4 percent of his annual earnings as defined in
Section 11 of this Article or the employee's straight time rate achieved at the
time of the vacation, whichever is greater, for each of said days of vacation.
(b) Upon completion of one (1) year of continuous
service but less than two (2) years of continuous service with the Company on
June 30th, an employee will become entitled to a vacation for which a vacation
allowance will be paid as follows:
(1) One (1) week's vacation for which a
vacation allowance shall be paid of two (2%) percent of his annual
earnings as defined in Section 11 of this Article or the employee's
regular workweek hours multiplied by the employee's straight time rate
achieved at the time of the vacation, whichever is greater, and
(2) One day's vacation for each ten (10)
weeks of continuous service in excess of one year prior to June 30th
for which a vacation allowance shall be paid of .4 percent of his
annual earnings as defined in Section 11 of this Article or employee's
regular shift hours multiplied by the employee's straight time rate as
achieved at the time of the vacation, whichever is greater, for each of
such additional days; provided, however, that the vacation time for
which an allowance shall be paid shall not exceed the vacation time and
allowance provided for in Section 1(c) of this Article.
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(c) Upon completion of two (2) years of continuous
service with the Company on June 30th, an employee will be entitled to two (2)
weeks' vacation for which a vacation allowance shall be paid or four (4%)
percent of his annual earnings as defined in Section 11 of this Article or two
times the employee's regular workweek hours multiplied by the employee's
straight time rate achieved at the time of the vacation, whichever is greater,
and he shall be entitled to such vacation for which a vacation allowance shall
be paid during each calendar year thereafter until the calendar year in which he
becomes eligible for three (3) weeks' vacation.
(d) Upon completion of five (5) years of continuous
service with the Company on June 30th, an employee will become entitled to three
(3) weeks' vacation for which a vacation allowance shall be paid of six (6%)
percent of his annual earnings as defined in Section 11 of this Article or three
times the employee's regular workweek hours multiplied by the employee's
straight time rate achieved at the time of the vacation, whichever is greater.
(e) Upon completion of 15 years of continuous service
with the Company on June 30th, an employee shall be entitled to four (4) weeks'
vacation for which a vacation allowance shall be paid of eight (8%) percent of
his annual earnings as defined in Section 11 of this Article or at four times
the employee's regular workweek hours multiplied by the employee's straight time
rate achieved at the time of the vacation, whichever is greater.
For those employees who have reached their 14th year by June
30th, but will not reach their 15th anniversary date with the Company until
sometime during the next 12 months, a vacation allowance shall be paid at the
rate of six (6%) percent or three weeks as stated in Section 1(d), plus one (1)
day's vacation for each ten (10) weeks of continuous service in excess of 14
years prior to June 30th (calculate from June 30th back to anniversary date),
for which a vacation allowance shall be paid of .4 percent of his annual
earnings as defined in Section 11 of this Article, or employee's regular shift
hours multiplied by the employee's straight time rate as achieved at the time of
the vacation, whichever is greater, for each of such additional days; provided,
however, that the vacation time for which an allowance shall be paid shall not
exceed the vacation time and allowance provided for in Section 1(e) of this
Article.
(f) The Employer shall not be obligated to provide
the vacation period to which an employee is entitled in consecutive weeks,
except as provided in Section 4 of this Article.
SECTION 2. Each week's vacation shall consist of five (5)
consecutive days, unless the employee receives the written consent of the
Company to split the vacation.
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SECTION 3. The Union and the Employer agree that their mutual
objective is to afford maximum opportunity for all eligible employees to obtain
their vacations and secure the necessary rest. All employees eligible for a
vacation shall be required to take their vacations from work, except in the case
of extenuating circumstances.
SECTION 4. Except in the event of an emergency, the Company
may close the plant for a consecutive two-week period for the purpose of giving
employees their vacations. This period shall be known as the "Vacation Period"
and will be scheduled by the Company from the last two weeks in June through the
first two weeks in July. The Company shall give the Union notice of the time
when the vacation period shall occur by the preceding April 1. The Company may
schedule an additional week in December as a shutdown period, provided that the
Company notifies the Union on or before November 1. Vacations shall be scheduled
from July 1 to June 30 of the following year with preference being given to the
June 15th through August 15th period. The Company and the Union further agree
that, from time to time, the Company may schedule additional plant shutdowns.
When these shutdowns do occur, it is mutually agreed to that the employees will
not be required to use any of these additional weeks as vacation.
SECTION 5. With respect to those employees entitled to a
vacation in excess of two weeks, vacations will be so far as possible, be
granted at times both desirable to the employees and to the Employer,
longer-service employees being given preference as to choice between June 15th
and August 15th. However, the final right to allot vacation periods and the
right to change such allotments are exclusively reserved to the Employer in
order to insure the orderly operation of the plant. Notice of the vacation
schedule shall be given to the Union on or before May 1st of the then current
year.
SECTION 6. Except for employees with less than one (1) year of
continuous service and who are provided for in Section 1(a) above, all other
employees shall be eligible for a vacation in any calendar year during the term
of this Agreement if the employee shall:
(1) Have performed work during the 52-week period
prior to June 30th of each year, and
(2) Have the required number of years of continuous
service prior to June 30th of each year as set forth in Section 1
above, and
(3) Having met the above requirements, the employee
shall receive a prorated portion of his vacation entitlement based upon
ten (10%) percent of the vacation entitlement for each five (5) weeks
of continuous service, provided he has had earnings in each of said
five (5) weeks, and an employee who has completed 30 weeks of
continuous service and has had earnings in each of said weeks shall
receive 100% of his vacation entitlement.
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SECTION 7. If a paid holiday falls during the period an
employee is on vacation, he shall be paid for the holiday in addition to his
vacation pay and provided an additional day off.
SECTION 8. DETERMINING CONTINUOUS SERVICE. Continuous service
shall date from:
(a) The date of first employment with the Employer
at the plant, or
(b) Subsequent date of employment following a break
in continuous service, whichever of the above two dates is the later.
Such continuous service shall be defined as the length of the
employee's service with the Company as set forth in Article VIII of
this Agreement.
SECTION 9. Time lost as a result of compensable industrial
accidents with the Employer shall be deemed time worked for which earnings have
been received for the purposes of Section 6(3) of this Article. The Employer
shall be relieved under all and any liability under this Section in the event of
the Xxxxxxx'x Compensation Bureau holding an employee ineligible is subsequently
reversed, overruled, or changed so as to allow compensation.
SECTION 10. An employee who resigns his employment with the
Company or is discharged prior to June 30th of the current year shall be
entitled to a pro rata amount of the vacation time for which a vacation
allowance shall be paid to which he was entitled on the preceding June 30th.
Said pro rata amount shall be equivalent to one-tenth of said vacation for which
a vacation allowance shall be paid for each five (5) weeks of continuous service
since the last June 30th prior to the time of discharge or termination.
SECTION 11. "Annual Earnings" shall be defined as the earnings
of the employee as set forth in the Federal Income Tax Form W-2 for the
immediately preceding year.
SECTION 12. Vacation allowance shall be paid to an employee on
the last scheduled workday immediately preceding his vacation period.
SECTION 13. The vacation list will be drawn up and vacation
payrolls will be completed as close as possible to the start of vacation
periods; however, in order to complete both the regular weekly payroll and the
vacation payroll, this will be at least one week before the start of actual
vacations. Once these checks have been drawn, they must be paid.
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ARTICLE XIII
DISCHARGE OR DISCIPLINE
SECTION 1. No employee shall be disciplined, suspended, or
discharged except for just cause.
SECTION 2. The right of the Employer to discipline an employee
for violation of this Agreement shall be limited to the failure of such employee
to discharge his responsibilities as an employee and may not in any way be based
upon the failure of such employee to discharge his responsibilities as a
representative of the Union, except as herein to the contrary provided.
ARTICLE XIV
NO STRIKE - NO LOCKOUT
There shall be no strike, slowdown, work stoppage,
interruption of work, or lockout for the duration of this Agreement.
ARTICLE XV
RIGHTS OF MANAGEMENT
Except as limited by the specific terms of this Agreement, the
manage ment and operation of the Company and the direction of the working
forces, including but not limited to the right to hire, lay off, maintain
discipline, and discharge or suspend employees for just cause, and the right to
establish and enforce rules not inconsistent with this contract; to determine
the products to be manufactured, the means and processes of manufacturing,
including the purchase of products or processing of materials or elements
manufactured, processed, or worked on by other firms, persons or companies, are
vested solely in the Employer, it being understood that the Employer retains all
management rights including those inherent in this position not specifically
limited by this Agreement.
ARTICLE XVI
SAFETY AND SANITATION
SECTION 1. The Employer recognizes the importance of safety
provisions in the plant for the protection of health, life and limb of its
employees and the Employer
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agrees to comply with Federal and State laws and regulations pertaining to
safety and health. There shall be a safety committee of both the Employer and
the Union composed of not more than four persons for each which shall meet once
a month in order to improve safety measures in accordance with said laws.
The Union representative shall be appointed as follows: one
represen tative from the shipping department, one representative from the
production depart ment, one representative from the receiving-maintenance
department and one from second shift.
SECTION 2. The parties agree that all toilets, washrooms and
eating areas shall continue to be kept clean and properly heated and ventilated.
The Union officials shall at all times aid the Employer in enforcing measures
pertaining to safety, cleanliness and discipline and they agree to cooperate
with the Employer in the maintenance of a clean and orderly plant.
SECTION 3. The Employer will supply uniforms to all its
employees at its expense and it will launder them at no cost to the employee.
Each eight-hour employee shall receive at least five (5) sets of uniforms. Each
five-hour employee will receive at least three (3) sets of protective smocks. It
is expressly understood that such uniforms will not be removed from the
Employer's premises.
ARTICLE XVII
LEAVES OF ABSENCE
SECTION 1. Upon written request from an employee, the Employer
will grant a leave of absence without pay for reasons of illness for a period
not to exceed twelve (12) months if at the time of the request the employee has
less than five (5) years of seniority or eighteen (18) months if at the time of
the request, the employee has more than five (5) years but less than ten (10)
years' seniority, and not to exceed twenty-four (24) months if at the time of
the request, the employee has more than ten (10) years' seniority. Upon written
request from an employee, the Employer will grant a leave of absence without pay
for other good and substantial reasons for a period not to exceed three months.
During a leave of absence as aforementioned, the employee will accumulate
seniority provided the employee returns to work at the end of such leave of
absence. Any leave of absence granted by the Employer shall be under conditions
and terms specified by it and shall be issued in writing. Leaves of absence,
however, will not be granted for taking of employment elsewhere.
SECTION 2. An employee who becomes pregnant shall be entitled
to a leave of absence without pay for reasons of illness pursuant to the terms
of Section 1 of this Article.
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SECTION 3. FUNERAL LEAVE. All permanent employees who have
completed their probationary period and who are presently on the payroll and all
permanent employees hereafter employed and who are on the payroll for the
Company for one year or more shall be allowed a leave of absence with pay of
three days in the event of a death in the immediate family. "Immediate family"
is defined and shall be limited to mother, father, spouse, children, brother,
sister, mother-in-law, father-in-law, grandmother, grandfather, and legal
guardian of the employee wherever they have had their legal residence, and
brother and sister of the employee's spouse whose legal residence was in the
home of the employee.
SECTION 4. There shall be a 12-minute paid rest period in the
first half of each shift and a 12-minute rest period without pay in the second
half of each shift. There shall also be a six-minute paid wash-up period at the
end of each shift.
SECTION 5. A leave of absence without pay not to exceed two
weeks shall be granted to duly elected delegates of the Union in order that they
might attend Union conventions. This leave of absence shall be further limited
to no more than two employees at one time.
SECTION 6. Leaves of absence will comply with all appropriate
Federal, State and Local legislation.
ARTICLE XVIII
WAGES
SECTION 1. The standard hourly wage grades for the respective
jobs are set forth by number, title and grade in Schedule "B" attached hereto,
and the effective date and amounts thereof shall be those set forth in Schedule
"C" of this Agreement. As a matter of policy, all rates and rate changes which
occur as of Sunday, Monday, Tuesday or Wednesday of any payroll week shall be
effective as of Sunday of said payroll week while any change which occurs
Thursday, Friday or Saturday of such payroll week shall become effective on
Sunday of subsequent payroll week.
SECTION 2. It is agreed that the Employer shall have the right
to install a wage incentive plan in all departments where practical. Such
incentives, when created, shall be in accordance with recognized engineering
procedure and shall be established so as to enable the employee to earn not less
than his hourly rate of pay set forth hereunder and subject to the grievance
procedure set forth in this contract. It may be made applicable to individuals
or groups of individuals depending upon the nature of the work and the number of
employees involved in each department or group. In the event the
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Employer decides to exercise its right herein and install a wage incentive plan,
the Union agrees to assist the Employer.
SECTION 3. If the Employer shall, during the term of this
Agreement, set up new classifications or a now department within which there
shall be new classifications not referred to in this contract, then in such
event the Employer and the Union agree to meet promptly and attempt to negotiate
rates of pay therefor. In the event of a failure to reach an agreement the
matter shall be submitted to final and binding arbitration pursuant to the terms
of Step 4 of Article VI herein and the provisions of Article XIV shall be
applicable.
ARTICLE XIX
REPORTING PAY AND CALL IN PAY
SECTION 1. An employee who reports for work at the regular
hour at which his shift begins without having been notified not to do so shall
be assured four hours' work or in the alternative shall receive four hours' pay
at his regular hourly rate, unless the Employer is unable to provide work
because of an Act of God or other circumstances beyond the Employer's control.
The employee may be offered four hours of employment of other work in or about
the plant within his or her capacity to perform in lieu of receiving the
aforementioned reporting in pay.
SECTION 2. When an employee is called in after he has left the
Company's premises at a time other than his regular shift, he shall be assured a
minimum of four hours' pay at time and one-half his regular rate.
ARTICLE XX
INSURANCE
SECTION 1. The Employer agrees to arrange for an insurance
program for the life of this contract, containing the following provisions for
employees who are eligible and qualify therefor:
(a) A health insurance program consisting of or
comparable to Blue Cross All Service Comprehensive - Blue Shield Prevailing Fee
100 with major medical limits of $250,000.00, co-insurance 80/20% first
$2,000.00, 100% after to $250,000.00 for each full-time eight (8) hour shift
permanent employee and each short-shift employee, and said employee's spouse and
eligible dependents. The said health
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insurance program shall provide coverage for eligible dependent students of
employees until they reach age 23.
(b) A Dental Insurance Program consisting of or
comparable to basic coverage and supplemental basic coverage Rider A of the
Pennsylvania Blue Shield Prepaid Dental Care Program which shall be effective
for each full-time eight- hour shift permanent employee, his spouse and eligible
dependents. Short-shift permanent employees shall receive individual coverage
under the aforementioned Dental Insurance Program.
Effective April 1, 1996, employees will contribute 5% of the
cost of the Blue Cross/Blue Shield Medical and Dental program in the first year
of the agreement, 5% in the second year and 7.5% in the third year. Effective
April 1, 1996, the Company will offer an alternative HMO Health & Dental
Insurance Program paid for in full by the Company for the term of the contract.
The Company will pay medical benefits for a period of one
month after the month in which the employee is laid off. The covered benefits
shall be Blue Cross, Blue Shield, Major Medical and the Dental Programs only.
We will allow an employee that retires at age 62 to continue
his medical coverage with the Company to age 65, at group rates. This shall not
apply to anyone that retires before age 62. Premiums to be paid by the employee
to the Company before the 1st day of each month. All others are covered by
Cobra.
(c) A term life insurance program as follows:
CLASSIFICATION OF AMOUNT
EMPLOYEE EFFECTIVE 3/1/96
Less than 5 Yrs. $12,000.00
More than 5 Yrs. $15,000.00
The increase in life insurance benefit for employees who
subsequently attain five (5) years or more of continuous service shall be
effective as of the first of the month following their fifth anniversary date of
employment. The Company will pay for $4,000.00 of life insurance for present
employees on the payroll as of March 2, 1987, who retire after March 1, 1988 and
have obtained the age of 62 or more. We will issue a letter to retirees stating
the life insurance company and value of the insurance at the time they retire.
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(d) Commencing the first day of the month following
at least thirty (30) days after the signing of this Agreement for eight (8) hour
shift permanent employee an accident or sickness disability insurance program
based on a reimbursement of 70% of the basic weekly salary of each employee for
forty (40) hours calculated at straight time hourly rates to a maximum
reimbursement from February 24, 1996 to February 23, 1997 of $215.00 per week
and effective February 24, 1997 of $225.00 per week till February 23, 1998 and
effective February 24, 1998 of $235.00 till February 23, 1999 for a period of
twenty-six (26) weeks. Claims for each reimbursement under this program shall be
effective on the eighth day after commencement of disability. The sickness and
accident disability insurance program provided in this clause shall not apply to
sickness and accident disability which is compensable under Xxxxxxx'x
Compensation Law.
(e) Each employee will be entitled to a maximum of
$130 towards the payment for eyeglasses or eye examinations during the period of
the Contract. (This amount will be cumulative, regardless of which Medical Plan
they have enrolled in.)
The employee applying for such reimbursement must present a
copy of the invoice showing that the eyeglasses are for the employee
himself/herself. This benefit cannot be used to buy sunglasses. Invoices must be
dated 3/l/96 or later.
SECTION 2. Said insurance program will be effective as to
newly hired permanent employees and those presently on probation on the first
day of the month following the completion of their 90th day of employment. All
life insurance covering employees who are laid off or who are on leave of
absence for other than illness will be terminated at the end of the month
following the month during which the layoff occurred or the leave of absence
began and will be reinstated on the first day of the month following the date of
the employee's return to work. The Employer will continue to make contributions
for life, health, and dental insurance coverage for employees who are on leave
of absence for reasons of illness until the termination of the leave of absence.
If permitted under and pursuant to the terms of the applicable insurance
contracts and the rules and regulations of the insurance carrier issuing said
contract, an employee may elect to continue coverage during absence from work in
accordance with the foregoing at his or her own expense.
SECTION 3. The parties clearly understand and agree that in
arranging for the insurance program as hereinbefore provided the Employer does
not assume any responsibility for the contractual obligations of the insurance
company or companies or any liability for any payments or benefits that may be
due under such insurance program; that all liability for payments that are due
or which may become due are solely the responsibility of the insurance carrier
or carriers and that the Employer assumes no liability in connection therewith
except the payment of the premium which may become due under this Article.
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Insurance shall continue in full force and effect except as
modified by Section 3 of this Agreement and by a letter executed by the parties
as follows:
Xxxx Perfumes Corporation,
After long contract negotiations, you have agreed to pay all
increases in health costs provided for in Article XX, Sections (a) and
(b) of our contract dated February 28, 1987, for the period of the
renewed labor contract.
We are aware that these increases may impose a heavy economic
burden on you and we are anxious to help and assist you in any way
possible to reduce such costs.
Accordingly, by means of a joint committee or otherwise, we
advise you that you will have our full cooperation in any way possible
to aid you in achieving lower health costs.
February 23, 1990
O.C.A.W. 8-782
by Xxxxxxxx X. Xxxxxx
Xxxxxxxxxx XxXxxxxxx
Xxxxxx Xxxxxx
Xxxxxxx Xxxxxxx
Xxxx Xxxxx
Xxxxxx Xxxxxx
ARTICLE XXI
NOTICE
Any notice required to be given to the Union from the Employer
shall be directed in writing by certified mail to the Secretary of the Local
Union at his last known address appearing on the records of the Employer, with a
copy to Xxxxx X. Xxxxxxx, O.C.A.W. International Union, 0000 Xxxxxxxx Xxxxx,
Xxxxx 000, Xxxxxxx, Xxxxxxxx 00000, and any notice required of the Union to be
sent to the Employer will be directed in writing by certified mail to the
General Manager, Xxxx Perfumes Corp., Xxxxxxxxx Xxxxxxxxxx Xxxx, Xxxxxxxxxxx,
Xxxxxxxxxxxx 00000, and a copy sent to the President of Xxxx Perfumes Corp., 000
Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000.
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ARTICLE XXII
BULLETIN BOARD AND UNIFORMS
SECTION 1. The Employer will provide a bulletin board for the
use of the Union for Union business. The Union shall assume full responsibility
for the items it posts and all notices posted shall first be approved by the
President or the Secretary of the Union.
SECTION 2. The Employer shall provide female shipping
department employees with uniforms consisting of longsleeved smocks.
ARTICLE XXIV
PENSION PLAN
After termination of the old pension plan, we will cease
paying the fifteen cents per hour per employee into the plan, and begin paying
the present 401K plan fifteen cents per hour per covered employee for all
straight time hours worked as provided in the plan, provided it can be done
legally and properly. And if that cannot be done, then we will pay each employee
the amount due him annually in January of each year.
In the event a dispute arises as to the interpretation of or
compliance with this letter contract it shall be submitted to an arbitrator as
provided in the labor agreement between the parties in Section 2 of Article VI.
In no event shall the arbitrator have authority to increase the fifteen cents
cost of the Company.
AGREED TO AND APPROVED
O.C.A.W. 8-782 Xxxxxx Xxxxxx
by Xxxxxxxx X. Xxxxxx Xxxxxxx Xxxxxxx
Negotiating Committee Xxxx Xxxxx
by Xxxxxxxxxx XxXxxxxxx Xxxxxx Xxxxxx
Xxxx Perfumes Corp.
by Xxxxxx Xxxxx
The Company agrees to convert the 15 cents per hour to the
credit of the Union employees (from the old pension plan), provided the Union
can have the 401K Plan adjusted to be able to legally receive the funds. If that
is not possible or if the Union
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finds another pension for the purpose and it is legal and feasible, then that
procedure will be followed. (Dated 2/26/93)
ARTICLE XXV
MODIFICATION OR CHANGE IN AGREEMENT
No agreement, alteration, understanding, variation, waiver or
modification of any of the terms or conditions or covenants contained in this
Agreement shall be made by any employee or group of employees with the Employer
and in no case shall it be binding upon the parties hereto unless such an
agreement is made and executed in writing between the parties hereto. The waiver
of any branch or condition of this Agreement by either party shall not
constitute a precedent in the future enforcement of all the terms and conditions
herein.
ARTICLE XXVI
SICK LEAVE
SECTION 1. Each regular permanent employee shall be entitled
to receive three (3) sick days first year of contract, four (4) sick days second
and third year of contract. For the new hires during the first calendar year of
their employ ment, sick leave will be earned at the rate of one day for every
three months, to a maximum of three days.
SECTION 2. Paid sick leave shall be used for an absence from
work due to non-occupational illness or injury.
SECTION 3. Employees absent on sick leave in accordance with
the above shall be paid for each such workday of absence their regular straight
time hourly rate of pay multiplied by the number of hours in their regular
workday.
SECTION 4. The above schedule of sick leaves may be
accumulated for the term of this Agreement. However, any unused sick leave will
be bought back at the termination of the Agreement at 110% of the then current
rate.
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ARTICLE XXVII
JURY DUTY
An employee who is called for jury duty and serves on a jury
on a regularly scheduled working day or days shall be paid by the Employer for
time lost from work by reason of such service the difference between the amount
received by said employee for such service and said employee's average straight
time hourly earnings, not to exceed eight (8) hours per day and excluding all
premiums, overtime and penalty pay. Jury duty shall not exceed eighty (80) hours
in any calendar year for any one employee. Above jury duty provisions shall
apply only to involuntary service.
ARTICLE XXVIII
401K PLAN
SECTION 1. Plan to go into effect week beginning September 3,
1984 or sooner, if plan is ready.
SECTION 2. Employee shall be allowed to contribute 2% to 6% of
his/her pay beginning September 3, 1984 or sooner, if plan is ready. The
employees will be able to contribute 2% to 8%.
SECTION 3. The Company contribution will be 16.66% of the
first 6% of the employee's contribution.
SECTION 4. The plan itself will take care of all
administrative costs.
SECTION 5. The Company agrees to take care of all deductions,
and to forward to the PNC Bank, the employee's contributions and its own
contributions.
ARTICLE XXIX
SEVERANCE PAY
In the event any of the following departments is eliminated
(Shipping, Production, Receiving, Building Maintenance), the following severance
pay schedule will be given to all employees in that terminated department for
those employees on the then-current seniority list who are employed, including
those who are subject to recall provision of this Agreement: 1/2 week's pay for
each one (1) year of continuous service with the Company, with a maximum of five
weeks.
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ARTICLE XXX
TERM OF AGREEMENT
This Agreement shall be effective as of the 24th day of
February, 1996 unless otherwise specifically so indicated and shall continue in
full force and effect without reopening or further negotiations until the 26th
day of February, 1999, and shall continue from year to year thereafter unless
either party hereto shall give written notice by certified mail to the other
party at least sixty days prior to the expiration date of this Agreement or the
intention of the party to amend, modify or terminate, whereupon the Agreement
shall terminate on the expiration date herein set forth.
IN WITNESS THEREOF, and intending to be legally bound hereby,
the parties have hereunto caused their properly authorized officers to sign this
Agreement the day and year first above written.
XXXX PERFUMES CORP.
By: Xxxxx X. Xxxxxx
Xxxxx X. X'Xxxxx
Xxxxxx X. Xxxxxxxxx
Xxxxxx X. Xxxxxxx
Xxxxxx X. XxxXxxxxx
___________________________
___________________________
___________________________
___________________________
___________________________
OIL, CHEMICAL & ATOMIC WORKERS
INTERNATIONAL UNION AFL-CIO
By: Xxxxxxxx X. Xxxxxx
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______________________________
LOCAL 8-782, OIL, CHEMICAL & ATOMIC
WORKERS UNION
By: Xxxxxxxxxx XxXxxxxxx
Xxxxxx Xxxxxx
Xxxxxxx Xxxxxxx
Xxxxxx Xxxxxx
Xxxxxxxx Xxxxxx
Xxxx Xxxxx Xxxxxx
______________________________
______________________________
______________________________
______________________________
______________________________
______________________________
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SCHEDULE "A"
MINIMUM AND MAXIMUM TRIAL PERIOD
FOR DETERMINATION BY EMPLOYER OF
EMPLOYEES' ABILITY TO FILL A VACANCY
WORKING DAYS TRIAL
JOB NUMBER MINIMUM MAXIMUM
F 100 - -
F 401 2 5
F 318 2 5
F 101 C 2 5
F 101 A 2 7
F 103 B 2 5
F 317 2 5
F 103 A 5 15
F 410 5 15
F 408 5 15
F 106 B 5 15
F 316 5 15
F 412 5 15
F 412 B 5 15
F 409 C 5 30
F 411 5 30
F 502 5 30
F 315 10 60
F 105 10 60
F 107 10 60
F 106 15 90
F 313 15 90
F 106 A 15 90
F 101 D 10 60
F 104 10 60
F 412 A 10 60
F 315 B 15 90
F 000 X 00 90
F 106 C 15 90
F 107 A 00 00
X 000 A 00 00
X 000 B 15 90
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SCHEDULE "B"
JOB
GRADE NUMBER JOB TITLE
----- ------ ---------
1 F 100 Packaging Assembler - Entry Level
2 F 101 C Packaging Assembler Class C
4 F 101 A Packaging Assembler - Water Bath
F 101 D Packaging Assembler - Machine Oper.
F 401 General Picker/Packer/Checker
5 F 103 B Production Aide
F 317 Utility Helper
F 106 B Batch Helper - 6 mos.
F 410 Special Picker/Packer/Checker
6 F 316 General Utility Class B
F 411 Export Picker/Packer/Checker
F 412 Material Handler - Ship/Rec
7 F 104 Production Line Coordinator
F 103 A Filling Machine Attendant
F 106 A Batch Mixer, Class B - 1 1/2 yrs. in Grade
F 107 Rets & Recon Clerk
F 315 General Utility Class A
F 409 C Scaler
F 412 B Material Handler Coordinator
F 412 C Material Handler/Truck Driver
F 502 Packaging Inspector
8 F 106 Batch Mixer Class A
F 315 A General Utility Class A - 8 yrs.
F 105 Production Maintenance & Setup
9 F 105 A Production Maintenance & Setup - 8 yrs.
10 F 313 Maintenance Mechanic Technician
F 106 Batch Mixer
NOTE: Six years of continuous current service as an F 105. Persons holding
the F 105 grade on 3/1/93 will only require a total of six years'
experience as an F 105 to qualify as an F 105 A.
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SCHEDULE "B"
GROUP LEADERS
Group Leaders shall receive twenty cents per hour above the rate for
the group they lead.
JOB
NUMBER JOB TITLE
F 101 E Packaging Assemblers
F 401 A General Picker/Packer/Checker
F 412 A Material Handlers - Ship/Rec
F 107 A Returns & Recond.
F 502 A Receiving Warehouse
F 315 B General Utility Class A
F 105 B Production Maintenance & Setup - 8 yrs.
F 106 C Batch Mixers
F 313 A Maintenance Mechanic Technicians
NOTE: Only service as a mechanic with Xxxx will count toward 8 years of
experience needed for grade 8 of F 315 A and F 105 A.
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SCHEDULE "C"
HOURLY RATE SCHEDULE
EFFECTIVE EFFECTIVE EFFECTIVE
12:01 A.M. 12:01 A.M. 12:01 A.M.
2/24/96 2/28/97 2/28/98
TO TO TO
GRADE 2/27/97 2/27/98 2/26/99
1 7.10 7.10 7.10
2 10.40 10.70 11.00
4 10.51 10.81 11.11
5 10.68 10.98 11.28
6 10.79 11.09 11.39
7 10.95 11.25 11.55
8 11.34 11.64 11.94
9 11.80 12.10 12.40
10 12.30 12.60 12.90
NOTE: Any permanent employee hired after March 1, 1993 will be hired at rates
$1.50 below Schedule "C" with increase of 50 cents every six months
until they reach the full rates listed above.
An employee hired into grade 1, F 100 position will have his rate
increased fifty cents after one year, fifty cents after a second year,
and finally fifty cents after a third year in the position.
An employee below full rate who successfully bids to a higher rated
job shall move to his new rate in the same pay increment in which he is
currently paid.
For example, a newly hired employee in grade 1, classification F
100 who has progressed to $7.60 per hour, which is $1.00 per hour less
than the full rate, is awarded a bid for a grade 5, F 103 B Production
Aide. This position currently carries a full rate of $10.68 per hour;
thus, this person would be paid $9.68 per hour.
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EXHIBIT A
1. DUES CHECKOFF AUTHORIZATION
AND ASSIGNMENT
TO XXXX PERFUMES CORP.
I hereby assign to Local Union No. 8-782, Oil, Chemical and Atomic
Workers International Union, AFL-CIO, from any wages earned or to be earned by
me as your employee, the sum of ________ per month, or such amount as may
hereafter be established by the Union and become due to it, as my membership
dues in said Union, and the regular Union initiation fee of ________ or such
amount as may hereafter be established by the Union and in accordance with the
International Constitution, I authorize and direct you to deduct such amounts
from my pay for each month and to remit the same to the Union.
This authorization and assignment shall be irrevocable for the
period of one (1) year, or until the termination of the Agreement between the
Employer and the Union, whichever occurs sooner, and I agree and direct that
this authorization and assignment shall be automatically renewed, and shall be
irrevocable for successive periods of one (1) year or for the period of such
succeeding applicable collective agreement between the Employer and the Union,
whichever shall be shorter, unless written notice is given by me to the Employer
and the Union not more than twenty (20) days and not less than ten (10) days
prior to the expiration of each period of one (1) year, or of such applicable
collective agreement between the Employer and the Union, whichever occurs
sooner.
This authorization is made pursuant to the provisions of Section
302(c) of the Labor-Management Relations Act of 1947 and otherwise.
WITNESS:
SIGNATURE:
DATE:
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EXHIBIT A
2. CHECKOFF AUTHORIZATION FOR
AGENCY FEES, UNION FEES AND
INITIATION FEES
I hereby authorize XXXX PERFUMES CORP. to withhold from my earnings
an agency fee of ________ per month after thirty-one (31) calendar days of
employment in accordance with the provisions of the contract between XXXX
PERFUMES CORP. and Oil, Chemical & Atomic Workers Union Local 8-782.
1 further authorize that this agency fee be remitted to said Union
after payroll checkoff.
In addition, if my employment by XXXX PERFUMES CORP. continues
beyond ________________________ I will be considered a permanent employee and do
hereby assign to Local Union No. 8-782, Oil, Chemical & Atomic Workers
International Union, AFL-CIO, from any wages earned or to be earned by me as
your employee the sum of ________ per month, or such amount as may hereafter be
established by the Union and become due to it, as my membership dues in said
Union, and the regular Union initiation fee of ________, or such amount as may
hereafter be established by the Union and in accordance with the International
Constitution. I authorize and direct you to deduct such amounts from my pay for
each month and to remit the same to the Union.
This authorization and assignment will be irrevocable for one (1)
year, or until the termination of the Agreement between the Employer and the
Union, whichever occurs sooner, and I agree and direct that this authorization
and assignment shall be automatically renewed, and shall be irrevocable for
successive periods of one (1) year each or for the period of such succeeding
applicable collective agreement between the Employer and the Union, whichever
shall be shorter, unless written notice is given by me to the Employer and the
Union not more than twenty (20) days and not less than ten (10) days prior to
the expiration of each period of one (1) year, or of such applicable collective
agreement between the Employer and the Union, whichever occurs sooner.
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The authorization is made pursuant to the provisions of Section
302(c) of the Labor-Management Relations Act of 1947 and otherwise.
WITNESS:
SIGNATURE:
DATE:
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MEMORANDUM OF UNDERSTANDING
1. SAFETY COMMITTEE - The safety committee has been reactivated and will
conduct monthly inspections on the first Wednesday of each month,
effective with February 1981. However, do not let these inspections deter
anyone from bringing an unsafe condition to the attention of management.
2. PLANT DOCTOR - Since no large group will ever wholly agree on the
performance of an individual, we as a group have agreed to report to
management, immediately, any incident a person may feel was unfair in the
treatment by the Doctor.
3. HAT AND HAIRNET REQUIREMENTS - Management will speak to the individual
departments in regard to use of hats and hairnets. It is most important
that hairnets be worn in a manner to prevent contamination of the product
either during a filling operation or a cartoning operation. The Company
will make an effort to supply a more suitable hat or hairnet in order to
accommodate the hairdos.
4. CLERICAL WORK - The clerical work referred to in this item has for many
years been performed by the Group Leader and it is the Company's position
that she will continue to perform this work. Due to the number of
employees in the Production Department and the number of registrations, it
is necessary for a person to be assigned to this particular duty --
especially during the busy seasons. This job function also rounds out the
duties and provides a full day's work for the Group Leader.
5. LAYOFF PROCEDURE - It is the position of the Company, in conjunction with
the past desire of the Union, to maintain full employment as much as
possible for the regular Union employees. In line with this, in an area
such as Production, we at various times of the year have a sufficient
backlog of work to provide work for those persons that are laid off due to
the result of bumping from other departments. If a situation arises where
we do not have a backlog of work, then the bumped person will be laid off.
This, as previously stated, is in the best interest of all permanent Union
employees.
6. LINE JOBS -
(a) If a person is transferred to a production line operation,
Management has the right to assign that person a specific operation
on that line and he need not rotate. However, if a person has bumped
into a grade 1 and grade 2 classifications and the rest of the grade
1's and grade 2's on that particular line rotate -- then it is the
Company's duty to cause that person to also rotate.
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(b) In reference to the buffing operation, Management feels that this
should be a grade 5 operation and, therefore, we will pay grade 5
for that particular operation.
In order to clarify the differences between jobs F 502 and F 101 B, when
checking any kind of material or finished goods for quality, the following
shall be the standards:
F 502 - This is grade 7, and the main function of the employee performing
this job is to inspect all aspects of an item for anything that may be
wrong with it. In so doing this, there is a written procedure on the
amount of each case or shipment that is to be sampled. A written report
will be filed on his findings and submitted to Quality Control. While this
is his main function, he has other duties unrelated to inspecting.
F 101 B - This is grade 3, and the main function of these employees is to
separate a particular lot of material that has been determined by Quality
Control to have some unacceptable units. The particular defect will be
noted for these employees. This type of work will be performed only when
the number of rejects is too high to be separated at normal packaging line
speeds.
7. NIGHT SHIFT AGREEMENT - It is the position of Management that Management
has no right to prevent a person from exercising his seniority when jobs
open up either on the day shift or the night shift. It was in conjunction
with the Union's representative and other officers of the Union, at a
meeting on 7/3/80, that in order to make a more stable work force we would
have the Union members elect, once a year, to determine their shift
preference. This agreement was made -- not only with the Company in mind,
but also the Union employees -- so that they were not constantly being
bumped back and forth between day shift and night shift. However, so long
as we have temporary employees on the payroll, Management cannot preclude
a Union employee from exercising his right to bump that person on either
shift. Consequently, Management's position remains the same as stated in
the July 3rd, 1980 agreement.
8. SENIORITY - Management's position in regard to seniority in its relation
to vacation is that the most senior person in a job classification shall
have the right to exercise his seniority as to choice of days off so long
as he has vacation time available. However, once the senior person or
persons have expended all their vacation time, and the Company has need
for someone to work in a specific classification, that person will be
required to work provided less senior employees have vacation time
remaining. Should no vacation time remain for anyone in that job
classification, the seniority factor shall again come into play and the
most senior person can elect not to work.
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9. JOB BIDDING - In regard to Job Bidding under item 9, when a vacancy of 5
days or less occurs within a job classification, Management will transfer
the most senior experienced person within the department to that job. If
the job will extend beyond 5 workdays, that job will be posted in the
normal bidding procedure in accordance with the provisions for temporary
vacancies as contained in the contract (120 days or less). In such case,
the successful bidder shall be allowed to carry only his permanent
classification and the presently bid temporary job classification. Upon
return to his permanent classification, he will automatically relinquish
the temporary classification.
10. VACATIONS - In order to solve the problem of vacation time with the least
amount of turmoil, Management proposes that a clause be put into the
contract that would state the following:
The Company and the Union further agree that from time to time the
Company may schedule additional plant shutdowns. When these
shutdowns do occur, it is mutually agreed to use any of these
additional weeks as vacation.
11. LOAN LABOR - While Management maintains the right to direct the work force
and use like job classifications plant-wide, should the occasion arise
where a person in a particular job classification is transferred out of
his permanent department, and a vacancy in that job classification arises
in his permanent department, the employee shall be transferred back to his
permanent department and a job bid will be posted for the department to
which he had been transferred. The recall to his permanent department
shall not take place until we have had a successful bidder to the
department where he was transferred. Of course, the original transferred
employee shall have the right to bid on the vacancy.
12. NOTICE OF LAYOFF - If in Management's decision, more than 3 days' notice
can be given, it will be given to the President and Recording Secretary.
But this shall not be subject to the provisions of Article VI of the
current Agreement.
13. TEMPORARY - In reference to transfers to specific duties for a period of 5
days or less, the Company shall refer to that as a temporary transfer.
In reference to a temporary vacancy, the Company shall refer to that as a
vacancy that will exist more than 5 days but less than 120 days.
14. VOLUNTARY LAYOFFS - Voluntary layoffs may be exercised only in the
following conditions:
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(A) TEMPORARY LAYOFFS OF 5 DAYS OR LESS:
1) The employee desiring the voluntary layoff must be in the
department at the time of the layoff in which the layoff is
taking place.
2) The employee taking the voluntary layoff must be in the same
pay grade as the employee being laid off. He must also be in
the same permanent job classification, and must be fully
qualified to do the complete operation of the job.
(B) LAYOFFS IN EXCESS OF 5 DAYS:
The person desiring the voluntary layoff does not have to be in the
department in which the layoff is taking place. However, the person
for whom he is taking the voluntary layoff must have the following
qualifications:
1) Permanent job classification must be the same.
2) Permanent pay grade must be the same.
3) Permanent department must be the same.
4) Must be fully qualified to do the complete operation of the
job.
NOTE: The right to allow employees to take a voluntary layoff remains at
the sole discretion of Management. Management has always considered
requests for voluntary layoffs and will continue to put forth every effort
to satisfy such requests.
15. LINE ROTATION - PRODUCTION DEPARTMENT - All employees are entitled to
change specific workstations (within the same line) every hour, where it
can be done without disruption of the production process. If a problem
develops, it will be discussed by the Department Management and the Union
Stewards, and good sense will prevail.
SHIPPING DEPARTMENT - Jobs on the belt line will be rotated under the same
conditions as above.
16. HEALTH FORMS - The Company has obtained a verbal agreement from its
insurance representative that the insurance company will not require a
doctor's report on a monthly basis, but will require reports based on the
average expected length of the disability. Each individual will be given
two forms. If a second form is required, then the individual will take
that form to his/her doctor to be filled out.
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17. COBRA (Federal Law) will be in effect as of March 1, 1987.
18. SPRAY ROOM - The spray room will be staffed by the present permanent
volunteers. Fill-ins will be taken from the top of the seniority list and
will be rotated on a daily basis. This will be all grade 1's and grade
2's. Only a doctor's excuse will exempt an employee from his/her turn in
this job. If a person starts work in the spray room, it will be counted as
their turn, regardless of length of time.
19. GRADE 4 - Shipping transfers will work at every duty (pick, pack, check)
for 2 weeks and then rotate duties normally.
20. Grade 2 includes placing masters on pallets when doing reconditioning.
21. The Material Coordinator is required to place materials in position inside
the aerosol room. On the production floor, grade 5's will assist in moving
pallets when necessary.
22. If a mechanic is required to train a new mechanic (having not been a
mechanic before for Xxxx), then that mechanic will receive the Group
Leader rate for the intensive trial period of the new mechanic (60 days).
However, this does not apply to a mechanic training another mechanic on a
single piece of equipment.
23. Inasmuch as is possible, persons coming out of the aerosol room will not
be placed on the same line as when they went into the aerosol room.
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XXXX PERFUMES CORP.
COMPANY WORK RULES
It is Dana's policy to place as few restraints and restrictions on
the personal conduct of its employees as is possible. For the protection of its
property, business interests, and other employees, Xxxx hereby establishes the
following reasonable rules of conduct for all of its employees. Since violation
of these rules by an employee could result in serious loss to the Company and to
other employees, Xxxx reserves the right to discipline, including discharge,
employees who do not abide by them.
Employees shall refrain from:
1. Violation of Federal, State, or Municipal Laws.
2. Willful damage to Company property, including that entrusted to it
by others, and to property of employees or visitors.
3. Theft of any merchandise or property from the Company or other
employees.
4. Any act of dishonesty, including but not limited to falsification of
time records, or furnishing false or incomplete information for
personnel and/or security records.
5. Creation of hazards of fire, safety or health, and failure to use
safety devices or procedures provided for employee protection.
6. Reporting for work while under the influence of intoxicants or their
use on Company premises.
7. Gambling, fighting, disorderly conduct, and conduct which violates
common decency or morality (including abusive language, possession
or use of narcotics, etc.).
8. Insubordination or failure to carry out any reasonable order by a
management representative, including refusal to work on jobs
assigned by the supervisor.
9. Incompetency or failure to meet reasonable standards of efficiency,
including gross neglect of duty.
10a. Tardiness without valid excuse, absence from work without notifying
the Company or failure to return to work promptly upon expiration of
leave of
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absence. The switchboard opens at 6:20 a.m. every morning so that
timely notice before or reasonably after the beginning of each shift
can be made.
10b. If an employee is absent more than one day because of illness, such
an employee will be under an obligation to call the Company the day
before he or she intends to return to work. The Company will inform
said employee upon receipt of telephone call, or shortly thereafter,
whether or not a certificate from a doctor will be required in order
for that employee to return to work.
10c. All injuries must be reported to your supervisor and/or the nurse at
the time of the incident.
11. Leaving one's workplace for other than assigned duties without the
supervisor's authorization except for health purposes.
12. Unauthorized solicitation on Company premises and distributing or
posting literature or other matters on Company premises without
proper authority.
13. Violation of or noncompliance with security regulations, including:
(a) Giving Company pass or other Company identification material
to any person not entitled to it.
(b) Entering or assisting any person to enter the Company's
premises or restricted areas without proper authority.
(c) Removing or attempting to remove Company material, including
but not limited to documents, equipment, etc., from Company
premises without proper authority.
14. Revealing to any unauthorized persons any of the Company records,
reports, papers, devices and apparatus, or disclosing to others
information concerning the Company's formulas, practices, processes
and methods which are considered by the Company to be of a secret or
confidential nature without proper authorization therefor.
15. In general, all employees are expected to conduct themselves in a
reasonable fashion and to refrain from any conduct which may be
detrimental or harmful to themselves, their fellow employees, or the
Company.
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16. Maternity Policy - It is our intent to allow any employee who is
pregnant to continue working as long as her physical condition
permits. Once pregnancy is confirmed, the employee will notify our
Company nurse and provide a doctor's statement which specifies her
anticipated delivery date and state any necessary restrictions or
limitations on her work activity. Unless restrictions imposed by the
doctor preclude her continuing to work, she may work through her
pregnancy without further qualification. This is consistent with
Dana's policy of allowing employees with temporary disabilities to
continue to work so long as the task represents no threat to their
health and safety or the health and safety of fellow workers. The
maternity leave of absence terminates on the date the employee is
released by her doctor to return to work. The employee must request
a personal leave for additional time off.
These rules are effective March 1, 1966 (Numbers 1 through 15) and
the additions of: Number 16, effective September 1, 1976 and Number
10C, effective February 11, 1980. Xxxx reserves the right to change,
subtract, or add to these rules from time to time as circumstances
warrant.
17. Under Federal legislation (effective March 18, 1989) Xxxx Perfumes
is required to do the following:
(a) Give each employee written notice that the unlawful
manufacture, distribution, possession or use of a controlled
substance is prohibited in or on any of the premises of Xxxx
Perfumes Corp. Under conviction of any of these violations,
the following will apply:
1st conviction, the employee will be put on leave
without pay for a period of 42 days or if convicted of
the use of a controlled substance, the length of time
required to participate in a rehabilitation program (the
cost, if any, to be borne by the employee). No seniority
will accumulate to employee during this period of time.
2nd conviction, the employee will be discharged
permanently.
(b) Inform employees about the dangers of workplace drug abuse and
of available counseling and rehabilitation services:
(1) Each employee will be given a brochure on drug abuse.
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(2) Drug abuse services are listed in the "Guide to Human
Services" section of the telephone book, under alcohol
and drug abuse.
(c) Each employee as a condition of employment with a company
(Xxxx Perfumes Corp.) doing business with the Federal
Government must abide by the terms of the drug program and
must notify their supervisor within five days of any criminal
drug statute conviction for any violation occurring in the
workplace.
(d) Xxxx Perfumes Corp. must notify the government agency they
are doing business with, in ten days, after learning of an
employee's criminal drug conviction.
(e) Xxxx Perfumes Corp. is required to impose sanctions and
require satisfactory participation in a drug rehabilitation
program from any convicted employee (see 17a).
18. Rules for Attendance:
(a) If a person is out sick, that person must use his/her sick
days (if any).
NOTE: A total of six days during the calendar year may be
taken without pay, in lieu of third or fourth weeks' vacation
time.
(b) During shutdowns, an employee may elect to use some of his/her
vacation (3rd or 4th weeks) or sick time, if the employee so
desires.
(c) The 3rd and 4th weeks' vacation are earned after June 30th, as
per the contract.
(d) Absence beyond sick days, vacation, leaves of absence and six
no-pay days will require the following disciplinary action:
(A) First offense will be counseling and written notice by
the department manager, with one day's suspension
without pay.
(B) Second offense will be counseling by the plant manager;
a written notice will follow. Those attending will be
the
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Union president, the shop xxxxxxx and the personnel
manager. Suspension will be three days without pay.
(C) Third offense will be ten workdays off without pay.
(D) Fourth offense will be permanent discharge.
(e) After one year of average attendance, a counseled employee's
record would be cleared and any action would go back to Step
e.(A).
(f) We (the Company) will use good judgment when reviewing a
person's record.
(g) Advance notice of funerals is required.
(h) Above rules apply on and after May 11, 1989, with record
starting January 1, 1989.
(i) The six no-pay sick days are to be administered in increments
of 4 hours only. This is in line with the past practice of
administering the normal three days' sick leave and vacation
days.
(j) An employee who is near to a violation of the "Rules of
Attendance" will be counseled by his/her department manager
and given written notice.
