[TRAK LOGO]
LABOR AGREEMENT
Entered into by:
TRAK International, Inc.
000 X. Xxxxxxx Xxxxxx
Xxxx Xxxxxxxxxx, XX 00000
and
Xxxxx 0000
Xxxxxxxx Xx. 00
International Association of Machinist and Aerospace Workers
November 1, 1994
to
October 31, 1998
[HANDSHAKE LOGO]
TABLE OF CONTENTS
SECTION PAGE
RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
MANAGEMENT CLAUSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . 2/3
SENIORITY
Temporary Layoffs . . . . . . . . . . . . . . . . . . . . . . . . . 4
Job Posting . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Loss of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Temporary Transfers . . . . . . . . . . . . . . . . . . . . . . . . 7
VACATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
HOURS & OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Double Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Shift Premium . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PAY PROVISIONS
Jury Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Funeral/Bereavement . . . . . . . . . . . . . . . . . . . . . . . . 14
SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
BENEFITS
Group Insurance (Health, Life, S&A, etc.) . . . . . . . . . . . . . 16
401(k) Savings Plan . . . . . . . . . . . . . . . . . . . . . . . . 17
NO STRIKE -- NO LOCKOUT . . . . . . . . . . . . . . . . . . . . . . . . . 18
PLANT CLOSING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
AGREEMENT
This Agreement made and entered into this lst day of November, 1994 by and
between TRAK International, Inc. plant located at 000 Xxxx Xxxxxxx Xxxxxx,
Xxxx Xxxxxxxxxx, Wisconsin, hereinafter referred to as the "Company" and
District 10 of the International Association of Machinists and Aerospace
Workers, Milwaukee, Wisconsin, hereinafter referred to as the "Union" is set
forth to establish prin ciples and harmonious labor relations for the
exclusive use of the contracting parties.
ARTICLE I
RECOGNITION
1.00 The Company hereby recognizes District No. 10 of the
International Association of Machinists and Aerospace Workers as
the exclusive bargaining agent for all production and maintenance
employees of the Company's plants in the Port Washington, Wisconsin
area and in the Milwaukee Wisconsin area, but excluding office and
clerical employees, guards, professional employees, and supervisors
as defined in the National Labor Relations Act as amended.
Supervisors must have full authority to hire, fire and recommend
wage increases subject to the regular Company policies, and shall
not work on the jobs normally performed by production employees,
except to the extent necessary in instructing employees during job
runs, provided, however, that any such overall work performed shall
not exceed 20% of the normal work week. If development of prototype
parts or machines is performed on site, bargaining unit employees
will be used for the majority of the activities. Salaried
personnel will participate as needed up to 20% of the work to
assist training bargaining unit employees, performing sample
trials, and evaluations including test.
1.01 As a condition of employment, all employees covered by
this Agreement shall, no later than the 61st work day after the
date of the execution of this Agreement or in the case of new
employees, no later than the 61st work day after the date of
hiring, become members of the Union and remain members of the Union
in good standing during the term of this Agreement.
1.02 Checkoff. For the duration of this Agreement, the
Company agrees to deduct the regular monthly Union dues and/or
initiation fee from the pay of each employee who executes and
delivers to the Company a written authorization for such
deductions, which authorization shall be in a form acceptable to
the Company and such authorization shall be irrevocable for the
period of one (1) year, or until the termination of the Agreement,
whichever occurs sooner; such authorization shall be automatically
renewed and shall be irrevocable for successive periods of one (1)
year each or for the period of each succeeding applicable
collective agreement between the Company and the Union, whichever
occurs sooner, unless written notice is given by the employee to
the Company and the Union at least thirty (30) days prior to the
expiration of each period of one (1) year, or of each applicable
collective bargaining agreement between the Company and the Union,
whichever occurs sooner. All deductions shall be made from the
second pay check to be delivered to the employee each month,
beginning with the month following receipt by the Company of his
authorization. All amounts deducted each month shall be paid by the
Company to the Union official certified by the Union as authorized
to receive them on the Union's behalf.
1.03 The Union agrees to indemnify and hold the Company
harmless against any and all claims, suits, orders or judgments
brought or issued against the Company as a result of any action
taken or not taken by the Company under the provisions of Section
1.02.
1.04 The parties mutually agree that there will be no
discrimination to any employee or applicant for employment based on
race, creed, color, religion, sex, age, national origin,
disability, disabled veteran and Vietnam era veterans, or other
area of prohibitive discrimination. Throughout this agreement, a
masculine pronoun shall be deemed to include the feminine. All
employment decisions shall be based on the principles of equal
opportunity and affirmative action. All acts of discrimination
and/or harassment (including sexual harassment) shall be subject to
disciplinary action up to and including discharge.
ARTICLE II
MANAGEMENT CLAUSE
2.00 Except as otherwise expressly limited by this Agreement,
the management of the Company's plant and business and the
direction of the working force, including the rights to plan,
direct, and control operations in the use of all equipment and
other property of the Company are vested exclusively in the Company
and include, but are not limited to: hiring, suspending, or
discharging of employees for proper cause; transferring or
relieving employees from duty for lack of work or other legitimate
reasons, right to study or introduce improved production methods,
facilities, and the right to establish reasonable rules. Such
rights shall be exercised in accordance with the terms of this
Agreement, subject to the grievance procedure. The Company shall
have the sole right to make such technical and other changes in
operations as it deems necessary and as a result of
the introduction of new work or the installation of new machinery or
processing or for any other reason. All functions of management not
herein relinquished or limited shall remain vested in the Company.
2
ARTICLE III
GRIEVANCE PROCEDURE
3.00 Should differences arise between the Company and its
employees either individually or collectively as to the meaning and
application of the provisions of this Agreement, or should
differences arise about matters within the framework of this
Agreement, an xxxxxxx effort shall be made to settle such
differences at the earliest possible time by use of the following
procedures.
3.01 Step #1. An aggrieved employee or employees shall present
his or their grievances to his or their department xxxxxxx
accompanied if the employee or employees so desire by a committee
person within two (2) working days of union knowledge of the event
causing the grievance. The supervisor shall respond with an answer
within two (2) working days during the regular work week.
3.02 Step #2. If not settled at Step #1, the grievance shall
be presented in writing and signed by the aggrieved employee(s) to
a member of the Committee, who will in turn present two copies of
the grievance to the Director of Manufacturing, Human Resources
Manager or a duly appointed company representative within three (3)
working days following Step #1 .
Grievances will be dated and should refer to a specific article and
section number and the corrective action desired.
Management will have three (3) working days to write an answer to
the grievance and return it to the Union Committee.
The final disposition will be written in the place provided on the
front of the grievance form.
3.03 Step #3. If the grievance is not settled in the second
step, the grievance shall then be taken up by the Shop Committee
and a representative of the Union and a designated representative
or representatives of the Company, within thirty (30) calendar days
of the second step response.
3.04 Step #4. In the event the parties cannot agree in the
third step, the dispute may then be referred to arbitration. This
must be done within twenty (20) working days from the completion of
Step #3 or the grievance will be deemed resolved.
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The arbitration procedure shall be as follows:
(a) The party raising the issue shall notify the
other party by certified mail, return receipt requested,
informing them that they are carrying the grievance to
arbitration. The notification shall include the identity of
the grievant(s), the identification of the issue(s), the
remedy desired, and the claimed violation(s), if any, of the
Labor Agreement.
(b) The party desiring arbitration shall request the Federal
Mediation and Conciliation Service to submit to the parties a
panel. Within ten (10) working days after receipt of such
panel the parties shall meet for the purpose of selecting an
arbitrator from such panel. Each of the parties shall
alternately strike one name from the panel until the name of
only one person remains and such person shall be the
arbitrator. The determination of the party to strike the
first name shall be made by the flip of a coin. The foregoing
procedure for the selection of an arbitrator may be waived if
the parties mutually agree upon an arbitrator.
(c) The arbitrator's decision shall be rendered in
writing and shall be final and binding upon the Company and
the Union.
(d) The arbitrator shall not have the power to add
to, modify, or change any of the provisions of the Agreement.
(e) Each party will bear its cost of the
arbitration. The expenses and fee of the arbitrator will be
shared equally by the Union and the Company.
All time limits set forth in the foregoing steps may be
extended by mutual agreement of the parties.
3.05 Any employee facing suspension or discharge will be
granted Union Representation with management prior to the
suspension or discharge being effected. Should a grievance result
from a suspension or discharge, it will be introduced at and as
provided in Step #3 of the Grievance Procedure.
3.06 Grievances involving disciplinary action against employees
that result in loss of work or disqualification for job opportunity
resulting in loss of pay or benefits shall not be initiated more
than six (6) working days from the date the action first became the
Union's knowledge.
3.07 General wage negotiations, agreement negotiations and
including amendments to the Agreement are excluded from the
grievance procedure above set forth and, therefore, are not
arbitrable. Arbitration is not intended and shall not be
4
construed in any way so as to qualify or change any of the terms
or provisions of this Agreement.
ARTICLE IV
SENIORITY
4.00 An employee's seniority is based upon the length of
continuous employment both with the Company and the predecessor
company, shall begin from the date of hiring after completion of
sixty (60) working days, which shall constitute the probationary
period. Seniority includes the accumulated time an employee is on
the payroll of the Company whether working or laid off, for a
period of absence due the injury or illness and for period of
approved leaves of absence, all subject to the other provisions of
the seniority clause. Seniority for employees with the identical
dates of hire will be determined through the use of the last six
digits of their social security number. Comparison of those
numbers will produce a lowest sequential number and that employee
will be senior. Seniority will apply on a plant-wide basis for the
unit covered by this Agreement and will govern the process of
layoff and recall only provided the senior employee possesses the
necessary qualifications as experience and ability to do the
available job in an efficient manner. Employees, if transferred
from this bargaining unit to jobs outside the bargaining unit,
shall have his or her accumulated seniority frozen as of the date
of transfer for one year, and may return to the bargaining unit one
time to any available job. For the purpose of promotions,
transfers, and job posting, seniority will apply on a plant-wide
basis for the unit covered by this Agreement provided the senior
employee possesses the necessary qualifications with due regard to:
(a) Experience and ability to do the available job
in an efficient manner. The company will provide a minimal
training period provided the employee has the work history
and/or education that will enable the employee to learn the
new skill in a minimum amount of time.
4.01 Layoffs. In the reduction of the working force, the
following procedure will be followed:
(a) The Company and Union will discuss pending layoff/recalls
before notification.
(b) Temporary Layoffs. Temporary layoffs of five
(5) days (Monday thru Friday inclusive) are allowed within
department and classification without plant wide seniority or
notice restrictions provided:
5
(1) Employees affected are notified and given the option
to volunteer for temporary layoff and/or:
(2) That in the event the volunteer option above
does not satisfy the reduction requirement, seniority shall
be honored but only within the departments and
classifications affected after all possible temporary
transfers are filled.
(3) This provision does not exceed three (3)
occurrences per year per department and classification.
(4) Temporary layoff will not be applied in any way to affect
the employees benefit and holidays otherwise set forth in
this Agreement.
(c) Indefinite Layoff
(1) Before laying off any employee, the Committee and
affected employees will be given two (2) working days
notice of a forthcoming layoff.
(2) Senior employees will be transferred or moved from
one job classification to another consistent with the
employee's ability, skill and qualifications provided:
(a) The employee has successfully performed
the job in the past, and the Company has
determined the employee can do the job after a
maximum of one (1) day of training and evaluation, or
(b) The job is a lower labor grade within the
employee's classification, or
(c) The job is in labor grade 8 or 9.
(d) The applicable job rate will apply
with first Monday of job change, due to force
reduction.
(e) An employee may refuse a transfer to a
job two or more labor grades lower than his home
base labor grade and upon layoff shall retain his
seniority, but must report as provided in 4.05 (c)
below upon recall to a job within one (1) labor
grade of his home base grade.
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4.02 Recall. In the event of an increase in the work force,
the Company shall follow the procedures listed in Section 4.01 in
reverse. Thereafter new employees may be hired.
4.03 Job Posting. All job vacancies, including new jobs, will
be posted for two (2) working days. Bids for these jobs will be on
a plant-wide basis. Job posting bid sheets shall indicate the
maximum number of job openings. Any jobs not awarded or filled by
new hire thirty (30) days from the date of posting shall be
reposted. The following procedure will be observed:
(a) Employees may make an application stating why they
want to change and state their qualifications as to experience and
ability. The Company agrees to give such applicant careful
consideration and to make such changes provided the employee
possesses the necessary qualifications as to skill and ability to
do the job in an efficient manner.
(b) When qualifications, skill and ability are relatively
equal, seniority will prevail subject to provisions of the
seniority article.
(c) In the event the employee does not qualify during the
trial period of ten (10) working days, he shall be returned to the
former job he bid from provided he possesses more seniority than
an employee in that former classification. If not, the employee
may exercise his seniority within the plant on existing vacancies
subject to the provisions of the qualifications. The employee
shall not be allowed to bid on any other job for six (6) months
following disqualification of himself or three (3) months if the
Company disqualifies the employee.
(d) Two (2) weeks after job bidding, the selected
employee and union will be advised as to his/her selection for
the job. Every effort will be made to move the successful
bidder to the new position within sixty (60) days. This does
not guarantee a job or job rate until such job is available.
(e) When employees bid down, said employees cannot
bid for six (6) months, unless movement is within the same job
classification.
(f) Employees shall be limited to one successful job
bid in any six (6) month period, unless movement is within the
same job classification.
4.04 The above sections shall be administered by the following rules:
(a) In downgrading, the affected employee will retain
his relative position in the new rate schedule.
7
(b) In upgrading or lateral movement, the affected
employee's base hourly wage will be reduced by twenty-five
($.25) for a period of thirty (30) days, unless the movement is
within the same job classification. During this period, the
employee will improve his skill and knowledge in his new
classification. After thirty (30) days, the employee will move
to the next level in the wage matrix for that labor grade.
4.05 Seniority shall cease upon:
(a) Justifiable discharge.
(b) Voluntary quitting.
(c) Failure to comply with recall policy.
(1) It is the obligation of every employee,
including those on layoff, to keep the Company informed in
writing of their correct home address and telephone number.
The Company's obligation in connection with recall shall end
with a notice of recall sent by the Company by certified mail
to the employees current address as shown on the records of
the Company.
(2) Employees on layoff must report within three
(3) working days, to their regular job of any job in the next
lower labor grade compared to their home base labor grade,
after receiving written notice by certified mail, receipt
requested. This does not apply to an employee, who by reason
of illness or other good cause, is not able to report and so
advises the Company within the three (3) day period.
(3) Employees on layoff who are offered
employment and not working elsewhere, on jobs other than
regular or within one (1) labor grade of his home base grade
shall be given three (3) work days to accept such job. If
the employee is not working elsewhere and such job offer
is not accepted, the employee will be denied Unemployment
Compensation benefits by TRAK International, Inc.
(4) In contrast to number 3 above, if the
employee is working elsewhere, and such job offer (other than
regular or within one (1) labor grade of his home base) is
refused, the employee will retain his seniority and
Unemployment Compensation benefit rights.
(d) Absence from work for three (3) consecutive days
without notifying the Company.
8
(e) For failure to return to work after a Leave of
Absence has expired unless proper notification to the Company
has been made and an extension granted subject to Section 11.00.
4.06 Employees shall retain seniority for recall from layoff
based upon their seniority at time of layoffs as follows:
(a) 170 hours to one year seniority: One year seniority for recall.
(b) One year to five years seniority: Equal to seniority time for
recall.
(c) Five years or more seniority: One-half (1/2) of seniority
time -- minimum five years for recall.
4.07 Shop Committeemen shall head the seniority list. Their
employment in their respective classification, department, and
plant shall remain in effect so long as their classification,
department, and the plant is in operation. These employees shall
be compensated at their earned hourly rate for all time consumed
(up to a maximum of their scheduled shift hours) in Union activity
with the Company or its representatives during the regular work
schedule at the plant.
Should the Committeeman be required to leave his department, their
supervisor will be notified accordingly, as to where he is going,
who he is going to see, and why. Upon arrival the employee(s)
involved will also receive an appropriate card on which shall be
noted the time started Union activity. When the Committeeman and
employee are finished, their time of return to work shall be noted
on the card. Such time charged for Union activity shall continue
until the card is returned to the supervisor.
4.08 Employees returning from military service shall be
reinstated under Government rules and regulations.
4.09 When necessary to either downgrade or remove an employee
from the job due to some physical impairment, both parties to this
Agreement shall decide this issue as favorable as is possible for
the individual through the terms of the Labor Agreement.
4.10 Temporary transfers shall not exceed three (3) terms of
thirty (30) days each or one (1) term of ninety (90) consecutive
days. If the job then appears to be permanent, it shall be posted
in accordance with Section 4.03 of this Agreement. The term,
temporary transfer, does not apply where employees are absent, on
vacation, or out of work in the employees' classification.
Temporary transfer pay will be handled as follows: When an employee
is assigned work in a higher paying classification, the employee
will immediately be paid the higher rate of
9
pay. However, should an employee be assigned to a lower rated
classification, the employee would retain his present rate of pay.
ARTICLE V
VACATIONS
5.00 Subject to the following requirements, each of the
Company's employees to whom this Agreement is applicable shall be
granted a vacation with pay, including night shift premium.
Earned Vacation Schedule:
Minimum Percent Minimum
Length of Employee's Number of Vacation Pay Vacation
Seniority to Vacation Days of All Hours
Anniversary Date Earned Earnings Earned
---------------------- --------------- ------------ ---------
0 but less than 1 year 5 days 2.10% 0.00
1 but less than 2 years 5 days 2.10% 40.00
2 but less than 3 years 6 days 2.52% 48.00
3 but less than 4 years 7 days 2.94% 56.00
4 but less than 7 years 10 days 4.20% 80.00
7 but less than 8 years 11 days 4.62% 88.00
8 but less than 10 years 12 days 5.04% 96.00
10 but less than 16 years 15 days 6.30% 120.00
16 but less than 17 years 16 days 6.72% 128.00
17 but less than 18 years 17 days 7.14% 136.00
18 but less than 19 years 20 days 8.40% 160.00
19 but less than 20 years 21 days 8.82% 168.00
20 but less than 21 years 22 days 9.24% 176.00
21 but less than 22 years 23 days 9.66% 184.00
22 years or more 25 days 10.50% 200.00
5.01 Employees may arrange for prepaid vacations which are five
(5) days or longer by completing a "Request for Prepaid Vacation"
form and submitting it to their supervisor at least seven (7) days
prior to the Monday of the vacation period.
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5.02 The employee's W-2 form last issued by the Company with
the Federal Government, shall be used in computing the employee's
vacation benefits in accordance with the above schedule. Employees
shall be paid the amount of the percent vacation pay of all
earnings or the minimum vacation hours paid, whichever is greater
as provided in this Article.
5.03 An employee's "Percentage Vacation Pay" as provided for
above shall be derived by computing his total earnings together
with any bonus, vacation pay, and holiday pay granted. Time lost
due to illness of one (1) week or more duration but not more than
ten (10) weeks in any anniversary year and time lost due to a
compensable accident, shall be counted as time worked in computing
vacation pay on the basis of eight (8) hours per day and forty (40)
hours per week.
5.04 An employee who is laid off indefinitely shall be paid
vacation pay at the appropriate percentage of his previous year's
W-2 form. Employees will not be paid the minimum hours. Employees
who were laid off have the option to take pro-rata vacation or not
after recall. Employees not recalled during the year may request
their vacation pay.
5.05 In the event the Company designates a specific week(s) as
a general vacation shutdown, notice will be posted as soon as
possible or a minimum of three (3) months advance notice will be
given.
5.06 All employees must take one (1) week of their vacation
during the designated shutdown week(s) unless they have scheduled
their vacation in accordance with Section 5.08 and the Company has
not already notified the employees in accordance with Section 5.05.
Employees eligible will receive holiday pay for any holiday that
occurs therein.
5.07 Vacation shall be granted at such time during the year as
the Management finds most suitable, considering both the wishes of
the employee and the efficient operation of the department
concerned. Insofar as practical, employees with the highest
seniority shall be given preference of date.
5.08 Vacation Choice Slips will be distributed to employees the
first (lst) Monday in February of the vacation year.
By the third (3rd) Monday in February, all employees shall select,
by seniority, up to two (2) weeks of their vacation, for approval,
after which the selection of the third (3rd) and fourth (4th) weeks
shall be in the same manner.
Employees who do not respond with vacation choices by the third
(3rd) Monday in February loose their right of exercising seniority
preference for vacation time
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off for the rest of the vacation year.
Management will inform employees by the fourth (4th) Monday in
February as to the status of their vacation requests. Should
employees' original requests be denied, they will be allowed other
choices providing their first requests were filed timely.
5.09 Vacations should be taken in multiples of five (5)
consecutive working days. Employees with more than one (1) week
may take odd days at a time other than the full week period.
However, employees shall be allowed to schedule single days of
vacation up to a maximum of ten (10) days. Up to four (4) half-days
may be taken, using the same criteria as single days in 5.09.
Whenever possible, three (3) days advance notice should be given.
Single vacation days will be granted in accordance with Section
5.07 above and Section 7.04, maintaining the efficient operation of
the department concerned.
(a) In cases of absence due to emergency, the employee will
report his absence and request one (1) day vacation from his
xxxxxxx.
(b) When the Xxxxxxx can spare the employee with no
upset to production, the employee and Xxxxxxx may agree to less
than three (3) days advance notice.
5.10 No employee shall be required to work on the Saturday or
Sunday prior to his vacation nor on the Saturday or Sunday
immediately following his vacation
5.11 Armed Services. Any employee who is drafted or enlists
for military duty by the United States Government shall be paid
such vacation pay as he is entitled to at the time of leaving the
employment of the Company to enter such service. Such employees
returning from the Armed Forces within ninety (90) days after
honorable discharge shall be given their vacation in the year that
they return to work and accorded their accumulated seniority while
they were in the service.
5.12 Any employee who has completed one or more years service
with the Company who is terminated for any reason whatsoever, such
employee shall be paid any vacation benefits due such employee.
In the case of death, the vacation pay will be paid to the
employee's lawful heir or beneficiary.
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ARTICLE VI
HOURS AND OVER TIME
6.00 Eight (8) consecutive hours with an assigned lapse period
for lunch shall constitute a normal day's work. Lunch periods
shall be determined by mutual agreement between the parties.
6.01 Five (5) days, Monday through Friday inclusive, shall
constitute a normal weeks work.
6.02 The normal shift hours will be as follows, except when
overtime requires departure therefrom:
One and/or two shift operation
------------------------------
lst Shift -- 7:00 a.m. to 3:30 p.m.
2nd Shift -- 3:30 p.m. to 12:00 Midnight
Included in this schedule is a thirty (30) minute unpaid lunch period
STATED TIMES MAY BE ADJUSTED TO ACCOMMODATE CHANGES IN PRODUCTION SCHEDULES
WHEN MUTUALLY AGREED UPON.
Three shift operation
---------------------
lst Shift -- 7:00 a.m. to 3:30 p.m.
2nd Shift -- 3:30 p.m. to 12:00 Midnight
3rd Shift -- 11:30 p.m. to 7:30 a.m. (starts Sunday evening)
Included in this schedule is a thirty (30) minute unpaid lunch
period for the lst and 2nd shifts and a 15 minute paid lunch period
for the 3rd shift. The paid lunch period is at the employee's
personal hourly rate for the job in which he is working immediately
prior to the designated lunch period.
STATED TIMES MAY BE ADJUSTED TO ACCOMMODATE CHANGES IN PRODUCTION SCHEDULES
WHEN MUTUALLY AGREED UPON.
6.03 In the event a second and/or third shift operation is
created, employees with the most seniority within their
classification will have the preference of shift.
6.04 All hours worked in excess or outside of the standard
scheduled eight (8) hour shift, or the standard schedule forty (40)
hour work week shall be paid for at the rate of time and one-half
(1-1/2) the regular hourly rate of the employee.
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6.05 All employees shall be allowed a three (3) minute washup
time before their assigned mid-day lunch period and at the end of
each shift, except for employees in classifications granted
additional time due to the nature of their work.
Break periods will be as follows: A ten (10) minute break for
regular eight (8) hour shifts and Saturdays. A five (5) minute
break to be taken during the ninth (9th) hour of a ten (10) hour or
more shift.
6.06 Double time (2x) the rate shall be paid for all hours worked:
(a) Over ten (10) hours in any twenty-four (24) hour
period (except as it applies to second shift employees working
Saturday overtime commencing at 11:00 a.m. or third shift
employees starting at 11:30 p.m.).
(b) Over five (5) hours on Saturday.
(c) Sunday.
(d) Designated Holidays (in addition employees working
on such Holiday shall receive Holiday pay).
6.07 An employee reporting for work on a regularly scheduled
work day or as instructed shall be guaranteed a minimum of four (4)
hours work and/or four (4) hours pay at their regular rate with
overtime provisions stated above applying for Saturdays, Sundays
and Holidays, unless notified not to report, at least twelve (12)
hours in advance of the shift start time. The provisions of the
Section shall not apply to acts of God, during inventory, or any
act beyond the Company's control.
6.08 Insofar as is practical without reducing the efficiency of
the plant, all overtime worked in each classification within a
department shall be divided as equally as possible among the
employees within the classification within the department.*
Employees entering a classification in a department by hire, bid or
other means will be credited with the maximum amount of overtime
hours worked by an incumbent employee in that classification and
department.
*Overtime records of work performed or refused shall be kept to
maintain such division and made available to the Union Committee.
6.09 Schedule overtime shall be when the Company notifies the
employees within one hour after lunch break of any day prior to
daily overtime, or within one hour after lunch break on Thursday
preceding weekend overtime. A minimum work force of 66-2/3% of the
employees in the classification, department, and shift shall work
to assure efficient operation during scheduled overtime. On full
14
department work scheduled other than the standard work week, a
minimum of 66-2/3% of the overtime in a normal week (Monday-Friday)
must be worked by each employee in the department. If an employee
agrees to work overtime and then fails to report for such overtime
work, such failure shall be treated as an unexcused absence.
6.10 All non-scheduled daily or weekend overtime shall be
optional with the individual employee.
6.11 A minimum premium rate per hour above the employee's
regular hourly rate will be paid to second and third shift workers
according to the following schedule:
Second Shift (Cents per Hour) .45
Third Shift (Cents per Hour) .50
6.12 Labor Agreement provisions regarding hours and overtime
will apply for all time worked (including minimum hours pay) for
employees agreeing to offsite work.
6.13 When overtime is scheduled, the first (lst) shift starting
time will 6:00 a.m. The second (2nd) shift starting time will be
4:30 p.m. when a ten (10) hour shift is scheduled.
6.14 On operations involving continuous processes or critical
work center, the Company may assign someone to that operation on a
staggered time basis to cover for breaks and lunch time, with at
least 24 hours notice or by mutual agreement.
ARTICLE VII
HOLIDAYS
7.00 Holidays will be celebrated according to the attached
schedule, Exhibit D.
7.01 All eligible employees covered by this Agreement,
except those on non-emergency Leave of Absence or Military
Service and Layoff shall received Holiday Pay including shift
premium, if applicable.
7.02 Employees on a bona-fide Sick Leave and Absence and
drawing disability compensation during the period in which a
Holiday occurs will be paid Holiday pay which will be reported as
income to the payer of the disability benefit.
7.03 The Company will not schedule layoffs prior to Holidays to
avoid payment of Holiday pay. Any employee laid off two (2) weeks
prior to a Holiday will receive Holiday pay.
15
7.04 To receive Holiday pay, an employee must have
completed 340 hours of employment and must have worked the
regularly scheduled hours on the work day immediately preceding
and following the Holiday except when absent because of an
excused absence, excused tardiness, scheduled vacation
(including 1 day call in), jury service, being subpoenaed as a
witness, due to a death in the family or documented
circumstances and/or circumstances reasonably acceptable to
Management. Tardiness equal to 1-1/2 hours or less will not
affect eligibility for Holiday Pay.
7.05 When Holidays occur consecutively and an employee fails
either the day before and/or the day after eligibility
requirements, as provided for in 7.04 above, he shall lose the
holiday pay which corresponds to the day of absence.
ARTICLE VIII
PAY PROVISIONS
8.00 The classification of any job existing as of the date of
execution of this Agreement, or established during the term of this
Agreement as provided in 8.01, shall remain unchanged for the
duration of this Agreement unless the job content is changed. No
one shall be downgraded during the term of this Agreement subject
to Section 4.09 except for just cause.
8.01 When the need for a new job occurs or an existing job is
changed, the job content/description will be the sole
responsibility of the Company not subject to the Grievance
procedure or bargaining.
In the event a new job is created or an existing job is changed,
the Union shall be notified of same and the Company may operate
same with a temporary classification and rate. As soon as
practical, but in no event more than thirty (30) days thereafter,
the Company shall prepare a description for the job and a
permanent classification and rate, which shall be submitted to the
Union. In the event such classification and rate are not acceptable
to the Union, they may be placed in effect, but this shall be a
matter for the grievance and arbitration procedure. When the
classification and rate are finalized, either by agreement between
the parties or through the grievance and arbitration procedure,
they shall be incorporated in the job classification manual and
the rate shall be made retroactive to the date the new or changed
job was first placed in effect.
8.02 Should a machine operator be required to operate more than
one machine simultaneously.
16
No of Machines Operated Increase in Rate While Operating
----------------------- ---------------------------------
2 $ .75
3 $1.00
4 $1.25
8.03 The Company will pay its employees on a weekly basis on
the regular designated pay day, unless mutually agreed to otherwise.
8.04 Job and wage rate classifications shall be attached
hereto and marked "Exhibit A" and shall by this reference become
part of this Agreement.
8.05 The Company and Union will form a joint committee to
develop and implement a Gainsharing Program no later than 6-1-95.
This Gainsharing Program shall be a document separate from, but
subject to the collective bargaining process inherent in this
agreement.
ARTICLE IX
JURY DUTY - MAKE UP PAY AND FUNERAL PAY
9.00 When an employee is selected to serve on a local or
community jury panel, the Company will make up a portion of the
wages according to certain conditions as follows:
(a) To qualify for make-up wages, an employee must either have
served on a trial or consumed more than a half day in court
before dismissal which would make it impractical to return to
work.
(b) Make-up wages will be based upon a maximum of
eight (8) hours of total wages less jury panel daily fee in any
one day, Saturday, Sundays and Holidays to be excluded. The
plant must be operating in whole or part and the employee
regularly at work to be paid make-up wages
(c) A form provided by the Company with signature
affixed by an official of the court will be necessary before
make-up wages can be granted.
9.01 Funeral Pay. In the event of the death of an employee's
relative, such employees shall be permitted to take time off as
necessary according to the following schedule:
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(a) Employee's Mother, Father, Brother, Sister,
Spouse, or Children, or Step-Children - eight (8) hours at
regular straight time rate not to exceed three (3) consecutive
days of work.
(b) Employee's Grandparents, Grandchildren,
Step-Mother, Step-Father, Step-Brother, Step-Sister,
Mother-in-Law, Father-in-Law, Sister-in-Law, Brother-in-Law,
Son-in-Law, and Daughter-in-Law eight (8) hours at regular
straight time rate not to exceed two (2) consecutive days of
work.
(c) Employees' vacation will be extended equal to
appropriate days when a relative (above) dies during his
vacation.
ARTICLE X
SAFETY AND HEALTH
10.00 There shall not be less than two (2) employees working in
a facility at a time.
10.01 The Company will furnish gloves to Plate and Weld shop
personnel for their use in normal day-to-day functions.
Replacement new gloves will be issued upon return of the used, worn
gloves to the Tool Room attendant.
10.02 The wearing of safety shoes shall be mandatory for all
employees covered by this Agreement. The Company will pay fifty
percent (50%) towards the cost of two (2) pair of safety shoes per
year to be worn at and for work, and $40.00 for prescription exam
for first or changed prescription for safety glasses.
ARTICLE XI
LEAVE OF ABSENCE
11.00 Leave of absence may be applied for by filing out a leave
of absence form as provided by management.
Leaves of Absence may be granted upon the mutual agreement between
the Company and the Employee for a period not exceeding sixty (60)
working days except for Union activity. Leave of Absence shall be
granted for full time Union activity for a two (2) year renewal
upon thirty (30) days written notice. Union Leave of Absences, not
to exceed one (1) employee at a time (for Union schools,
conventions, etc.) except for a three (3) day overlap shall be
granted for a maximum of thirty (30) working days per calendar
year. Company agrees to notify the Union of all granted leaves.
18
11.01 All Leaves of Absence shall be without pay. All employees
granted Leaves of Absence shall be returned to work with full
retention of their seniority rights and at the prevailing rate of
pay at the time of their return consistent with the other
provisions of this Agreement.
11.02 Employees returning from Sick Leave of Absence wherein
surgery or serious illness was involved are to advise the Company
with a written release from their physician at least three (3)
working days in advance of their intended return day. This will
allow scheduling within the department and review, if necessary, of
the employee's condition by a physician(s) of the Company's choice,
at the Company's expense.
ARTICLE XII
MISCELLANEOUS PROVISIONS
12.00 The authorized representative or his duly appointed
substitute of the Union, shall have access to the Company's
plant, buildings, and grounds during business hours upon approval
of Management or its duly appointed representative.
12.01 The Company will furnish chronological seniority listings
showing clock number, name, birthdate, seniority date, job
title, and shift every three (3) months to the Committee.
12.02 When hiring new employees, the Company agrees to notify
the Shop Committee Chairman with the name of each employee, wage
rate, and classification before or no later than the first day of
employment.
12.03 Bulletin boards shall be made available by the Company at
convenient places as near as possible to the time clock for the
posting of Union notices approved by Management.
12.04 The Union Bargaining Committee shall be made up of no more
than four (4) employees, five (5) if there is a satellite
operation.
12.05 The Union Grievance committee shall be made up of not more
than four (4) employees on first (lst) shift, two (2) employees on
second (2nd) shift, and one (1) employee on third (3rd) shift.
Four (4) of these employees would be the same as in 12.04 above.
12.06 Representatives of the Company and the Union will meet
within five (5) working days of receipt of a written (verbal by
mutual agreement) request
19
by either party. The request to include the agenda to
be discussed and such meetings not to exceed one (1) per month
unless mutually agreed otherwise.
12.07 Should any State of Federal Court decide that any given
clause of this Agreement is not in accordance with a State or
Federal Statute, this shall not nullify the remaining clauses of
this Agreement.
12.08 Credit Union deductions will be implemented when requested.
12.09 Any assignment to new start times other than those worked
by the majority of employees the following prorated premium
allowance will be paid. This does not supersede Section 6.04.
One hour after shift start time .10/Hr.
Two hours after shift start time .10/Hr.
Three hours after shift start time .12/Hr.
Four hours after shift start time .16/Hr.
Five hours after shift start time .20/Hr.
ARTICLE XIII
GROUP INSURANCE
13.00 Health Insurance. The Company shall provide to all active
employees a Group Comprehensive Health Plan which applies to
covered medical expenses.
The employee shall pay:
PPO
In Network Out of Network
Single Family Single Family
------ ------ ------ ------
Payroll Deduction 0.00 0.00 0.00 0.00
Deductible $100 $300 $200 $600
Co-Insurance 90/10 90/10 75/25 75/25
Maximum Out of Pocket $350 $800 $1,200 $2,600
20
In and Out of Network
---------------------
Co-Pays: Drugs $5 Generic/$10 Branded
Office Visit $10 per occurrence
Emergency Room $25 per occurrence
Participants enrolled in this PPO plan may move in and out of
network throughout the enrollment period. Complete details are
available in the insurance booklet.
13.01 Life Insurance
(a) Life -- $17,000 Year 1; $18,000 Year 2; $19,000
Year 3; $20,000 Year 4
(b) AD&D -- one half to full amount of life insurance
as specified in insurance handbook.
(c) Life insurance and AD&D will be reduced 8% per
year beginning at age 65 for employees who elect to continue
working.
13.02 Accident and Sickness. The Company will provide accident
and sickness insurance of $225.00 Year 1 ($235.00 in Year 2);
($245.00 in Year 3) and ($255.00 in Year 4) to a maximum of 26
weeks for regular active employees with eligibility for benefits,
beginning the first day of disability caused by an accident or
hospitalization (as defined within the policy) and the fourth day
for illness not requiring hospitalization as certified by his
physician. Weekly accident and sickness benefits will continue to
be provided for actively working employees over the age of 65 until
retirement.
An employee unable to work due to sickness or accident will be
granted a Leave of Absence upon presentation of medical
documentation. Such leave is subject to extension based on medical
reports submitted but not to exceed time of employment with the
Company or eighteen (18) months, whichever is greater. Group
insurance coverage will continue to be provided to the employee
while drawing A & S benefits up to twenty-six (26) weeks. At the
expiration of the employee's A & S benefits (26 weeks), the
employee can remain in the Group Health, Dental and Prescription
Drug Plan for another eighteen (18) months (COBRA coverage) by
paying advance monthly premiums to the Company for such coverage
except weekly A & S benefits.
13.03 The Company will provide Dental Insurance (Comprehensive Plan).
21
13.04 The Group Insurance Plan shall be continued for employees
laid off for a period of time equal to the employee's active
employment during the six (6) months prior to layoff provided the
employee pays one-half (1/2) the cost of insurance during the first
three (3) months and full premium during the next fifteen (15)
months, excluding A & S weekly benefits, and life insurance
benefits.
Agreed upon principles concerning group insurance coverage:
(1) General Rules:
(a) Group Insurance coverage becomes effective
on the first day of the month in which the employee
completes their probationary period.
(b) All group insurance coverage ceases on the last day of
the month an individual's employment terminates
with the exception of laid off employees covered as above.
(2) Specific Applications:
(a) Employees laid off during a month, lose
coverage at the end of that month unless they elect to
continue coverage under COBRA.
(b) Employees recalled from layoff during the first fifteen
(15) days of a month will be covered by group insurance
from the first (lst) day of that month.
(1) Those employees who paid their share of the premiums
coverage during layoff and are recalled during the
first fifteen (15) days of a month shall have that
month's COBRA premium refunded.
(c) Employees recalled from layoff after the fifteenth (15th)
day of the month will be covered beginning the first (lst)
day of the succeeding/following month.
(1) Those employees who paid their share of the COBRA
premium during layoff and are recalled after the
fifteenth (15th) day of the month will continue to be
covered by group insurance with no premium refund.
22
1.401K SAVINGS PLAN
14.00 The Company will maintain a 401K Savings Plan for employee
participation on an elective salary deferral basis. Furthermore,
the Company will contribute, to each eligible employee's account,
cents per hour worked up to a maximum of 2,080 hours in a calendar
year per the following schedule:
Contract Year 1 $.26 cents
Contract Year 2 $.28 cents
Contract Year 3 $.30 cents
Contract Year 4 $.32 cents
ARTICLE XV
NO STRIKE -- NO LOCKOUT
15.00 The Union agrees that during the life of this
Agreement there shall be no strike or slowdown on the part of
the employees represented by it, and the Company agrees that
during the life of this Agreements there shall be no lockout.
It is understood, however, that all provisions of this
Agreement which in any way restrict the Union's right to strike
or the Company's right to lockout shall cease to be binding
upon parties sixty (60) days after notice has been served upon
the other party for any of the following:
(a) Notice has been served requesting negotiations for general
wage rates in accordance with the terms of this Agreement and
no agreement has been reached.
(b) Notice has been served requesting negotiations for modification
and/or termination or renewal of this Agreement and no agreement
has been reached.
(c) Notice has been served requesting arbitration or
the stipulation to arbitrate a grievance according to the
procedure in Paragraph 3.00. The party upon whom notice was
served has refused either to arbitrate and/or to stipulate, or
has refused to abide by the decision of the arbitration board.
15.01 Should a strike or concerted slowdown or stoppage of work
by employees of the Company occur which is in violation of 15.00
above, during the term of this
23
Agreement, the Union before the next scheduled work
day after receipt of the written notice from the Company shall
be obligated to the following things only:
(a) Advise the Company in writing that the strike or
stoppage has not been called or sanctioned by the Union.
(b) Post copies of the following notice on bulletin
boards in the plant or use other acceptable methods of
notification:
"We have been advised by TRAK International, Inc. that a
strike, or stoppage or slowdown has occurred in the plant.
Inasmuch as no strike, slowdown or stoppage has been called by
the Union,
IF YOU ARE ENGAGED IN ANY SUCH STRIKE, SLOWDOWN OR STOPPAGE,
YOU ARE HEREBY INSTRUCTED TO RETURN TO WORK IMMEDIATELY.
INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS,
DISTRICT NO. 10.
THIS NOTICE IS POSTED IN ACCORDANCE WITH THE PROVISIONS OF THE
AGREEMENT BETWEEN THE COMPANY AND THE UNION."
15.02 The obligation of the Union shall be limited to the
performance of the acts required by Paragraph 15.01 of this
Article, and upon compliance by the Union with the provisions of
Paragraph 15.01 of this Article, the Union and its officers and
members shall have no further liability during the term of this
Agreement or thereafter, for any damage suffered by the Company
arising from or out of any stoppage or strike.
15.03 Should Management comply with the terms and conditions of
this Agreement, its officers and representatives shall have no
further liability during the term of this Agreement or thereafter,
for any losses suffered by the Union or employees arising from any
unauthorized strike or work stoppage.
15.04 The Company shall have the right to discipline any or all
employees engaged in an unauthorized strike, slowdown, or stoppage
of work during the life of this Agreement by suspension or
discharge provided there is no discrimination.
24
15.05 In the event an employee believes he has been unjustly
discharged from employment, the said employee may request the
difference be resolved under the grievance procedure as long as the
grievance is submitted within ten (10) working days from date of
discharge.
ARTICLE XVI
PAST PRACTICE
16.01 TRAK International, Inc. hereby agrees that all past
practices initiated, or followed by it since its acquisition and
not specifically mentioned in this Agreement shall nevertheless be
binding upon both parties during the term of this Agreement. This
Agreement does not include various past practices initiated by any
predecessor companies, if these practices are not followed by TRAK
International, Inc.
ARTICLE XVII
PLANT CLOSING
In the event of a plant closing that gives rise to a permanent
layoff/termination of all bargaining unit personnel, the Company and the
Union will promptly meet to discuss the impact of the closing upon the
effected employees. The parties shall negotiate over the effects of such
closing in an effort to establish severance pay and benefit allowances based
on seniority.
Nothing in this section shall obligate either party to arbitrate any dispute
over severance pay or severance benefits in accordance with our grievance
provisions.
ARTICLE XVIII
TERMINATION
17.01 During the period of this Agreement, if both of the
parties agree to bargain collectively with regard to any of the
provisions of this Agreement, or any other matter not contained in
this Agreement then any Agreement reached as a result of such
bargaining shall be reduced to writing and be signed by the parties
hereto, and only thereupon shall become a part of this Agreement as
an amendment thereof.
17.02 This Agreement becomes effective on November 1, 1994 and
remains in effect until midnight, October 31, 1998 unless notice in
writing is filed by either the Company or the Union of a desire for
change, modification, or termination, thereof at least sixty (60)
days prior to, but not more than ninety (90) days prior
25
to the expiration of any said period. The parties agree that
negotiations for modification of change in this Agreement will be
undertaken once the above notice has been served.
For the Union: District No. 10 For the Company:
International Association of TRAK International, Inc.
Machinists & Aerospace Workers: Port Washington, WI
By: /s/ Xxxxxx Xxxxxxxx By: /s/ Xxxxxx Xxxx
----------------------------- ----------------------------------
Xxxxxx X. Xxxxxxxx, Bus. Rep. Xxxxxx Xxxx, Dir. Human Resources
By: /s/ Xxxxxx Xxxxx By: /s/ Xxxxxxxx Xxxxxxxxx
-------------------------- ------------------------------------
Xxxxxx Xxxxx, Chairman Xxxxxxxx Xxxxxxxxx, Dir. Operations
By: /s/ Xxxxx Xxxxxxxxxxx By: /s/ Xxxxx X. Xxxx
-------------------------- ------------------------------------
Xxxxx Xxxxxxxxxxx, Committeeman Xxxxx Xxxx, Chief Financial Officer
By: /s/ Xxxx X. Xxxxxxxxx By: /s/ Xxxxxx X. Xxxxxx
-------------------------- ------------------------------------
Xxxx Xxxxxxxxx, Committeeman Xxxxxx Xxxxxx, Mgr. Operations
By: /s/ Xxxxxx Xxxxxxx
----------------------------
Xxxxxx Xxxxxxx, Committeeman
26
