COLLECTIVE BARGAINING
AGREEMENT
STEEL TECHNOLOGIES, INC.
and the
INTERNATIONAL UNION,
UNITED AUTOMOBILE, AEROSPACE,
AND AGRICULTURAL IMPLEMENT WORKERS
OF AMERICA (UAW)
EFFECTIVE APRIL 15, 1996
INDEX
ARTICLES PAGE
I RECOGNITION 1
II PURPOSE & INTENT 3
III RIGHTS OF MANAGEMENT 5
IV UNION MEMBERSHIP 8
V DUES CHECK-OFF 10
VI V-CAP VOLUNTARY CHECK-OFF 13
VII NO STRIKES/NO LOCK-OUTS 14
VIII GRIEVANCE & ARBITRATION PROCEDURE 19
IX REPRESENTATION 27
X EMPLOYEE ASSISTANCE & CORRECTIVE ACTION 34
XI ATTENDANCE CONTROL 39
XII SENIORITY 43
XIII HOURS & OVERTIME 50
XIV JOB VACANCIES 55
XV VACATION 58
XVI HOLIDAYS 62
XVII FUNERAL LEAVE 64
XVIII JURY DUTY 65
XIX LEAVES OF ABSENCE 66
XX HEALTH & SAFETY 74
XXI NON-DISCRIMINATION 75
XXII UNIFORMS 76
XXIII UNION BULLETIN BOARD 77
XXIV WAGES & BENEFITS 78
XXV MISCELLANEOUS 79
XXVI CONTRACT TERM 86
ATTACHMENTS PAGE
APPENDIX "A" (WAGE RATES) 89
APPENDIX "B" (INSURANCE & RETIREMENT BENEFITS) 00
XXXXXXXX "X" (XXXXX OPEN CHOICE PPO PLAN) 95
APPENDIX "D" (DELTA DENTAL PLAN OF MICHIGAN) 98
APPENDIX "E" (GROUP POLICY 35468) 100
LETTER 96-1 103
COLLECTIVE BARGAINING AGREEMENT
This collective bargaining agreement is entered into between Steel
Technologies, Inc., (the "Company") and the International Union, United
Automobile, Aerospace, and Agricultural Implement Workers of America (UAW) (the
"Union").
ARTICLE I
RECOGNITION
Section 1.
The Company recognizes the Union as the exclusive representative of all
production and maintenance employees employed by the Company at its facility
located at 0000 Xxxxxxxxxx Xxxx, Xxxxxx, Xxxxxxxx.
Section 2.
Should the Company relocate the plant to a new facility within a 50-mile
radius of 0000 Xxxxxxxxxx Xxxx, Xxxxxx, Xxxxxxxx, all displaced bargaining unit
employees will be afforded the opportunity to transfer to the new plant. Such
transfer rights will apply to any phased or partial relocation as well as a
full-scale relocation. If a majority of the employees hired to staff the
new plant are UAW members from the Canton plant, the Company shall recognize
the Union at the new facility. The Company shall not hire excess employees
for the purpose of denying the UAW recognition at the new plant.
Section 3.
It is understood that the term "Union" refers to the International Union,
United Automobile, Aerospace, and Agricultural Implement Workers of America.
The term "Company" refers to Steel Technologies, Inc.
Section 4.
For the purposes of applying this Article, it is understood that the Union
is the sole and exclusive collective bargaining representative for wages,
hours, terms, and conditions of employment.
Section 5.
In the event that a new classification or department is created that
duplicates or expands production processes currently performed by bargaining
unit employees, such new classification or department shall become part of the
contract unit. The Company agrees to meet and confer with the Union on the
question of whether any new production jobs or processes should be included in
the bargaining unit.
ARTICLE II
PURPOSE AND INTENT
It shall be the general purpose of this Agreement to promote the mutual
interest of the Company, the Union, and all bargaining unit employees.
Therefore, it is agreed that the following shall constitute our mutual goals:
We recognize that there is only one truly unbeatable
combination in any business--a team of managers and employees
working in harmony to produce quality products.
We recognize that producing quality products provides for the
long-term success of the Company and job satisfaction and
security for all employees.
We are committed to enhance to the fullest extent possible the
efficiency and quality of production operations.
We seek to create and maintain an environment that encourages
regular attendance, a safe and healthy workplace, elimination
of strikes, boycotts, and lockouts, and to secure the
advancement and profitability of all parties.
We recognize the need to work closely with customers, to
constantly improve the product, narrow our tolerances, make
service more responsive, and solve production and quality
problems.
We seek a work environment which allows each worker to
contribute fully and to maximize each individual's personal
growth and enhancement.
We seek to provide opportunities for the enhancement of
personal skills and for employees to contribute to the quality
of the Company's products and services.
We recognize the necessity to practice and express our mutual
respect for the separate interests of each organization.
While recognizing the separate interests of each organization,
the Union agrees not to disparage the Company, its products or
services, and the Company agrees not to discourage the
development of a positive relationship with the UAW among the
Company's suppliers.
The purpose of this Article is to express the parties' goals, not to create
contractual obligations. Nothing in this Article shall be referred to or
relied upon in arbitration.
ARTICLE III
RIGHTS OF MANAGEMENT
Section 1.
Except as expressly restricted by a written provision of this Agreement,
the Company retains all prerogatives previously exercised by Management,
including (without limiting the generality of the foregoing) complete
discretion to:
Manage the operations, control the premises, direct the
working forces, and maintain the efficiency of operations.
Determine the scope of production operations and the size of the
work force, including the expansion or retrenchment thereof.
Inaugurate, discontinue, re-organize, or relocate (in whole or in
part) any work operations, equipment, processes, or facilities.
Allocate or from time-to-time re-distribute customer jobs or orders
among its various plants.
Purchase, sub-contract, or out-source production or maintenance
work.
Establish and enforce product quality, work quantity, and job safety
standards.
Determine all equipment, methods, and processes and introduce new,
improved, or automated technology.
Adopt and from time-to-time revise any policy or program not
expressly proscribed or controlled by this Agreement; provided,
however, that any new or revised policies shall be posted for one
week before they take effect.
Create, modify, consolidate, or abolish job classifications and
determine the duties of each job.
Determine or revise the xxxxxxx of work operations, the number of
employees needed on each work operation or machine, and whether to
flex the work force through the use of temporary and/or seasonal
employees.
Determine whether to fill vacancies.
Determine the number of shifts and the number and classification of
employees needed on each shift.
Determine all physical security and property protection measures.
Determine the physical fitness and skills needed for each job and
the need for physical, medical, or psychological examinations.
The foregoing rights of management shall be exercised only for good faith
business purposes (as opposed to a purpose to undermine the bargaining unit).
So long as the Company acts for good faith business purposes, the only
limitations on management's authority are those expressly set forth in the
other Articles of this Agreement. Nothing in this Article shall authorize the
Company to violate any limitation specified in any other Article of this
Agreement. The Union shall receive at least 30 days advance notice of any
discontinuance, relocation, subcontracting or out-sourcing of any production or
maintenance operations. The Company shall explain the reasons for its intended
action and provide the Union an opportunity to suggest alternatives; provided,
however, that the Company shall not be required to obtain the Union's assent.
Section 2.
The failure of the Company to exercise any right reserved to or retained by
it shall not be deemed a waiver of such right and the exercise of any right in
a particular manner shall not be deemed to preclude the Company from exercising
such right in some other manner.
ARTICLE IV
UNION MEMBERSHIP
Section 1.
All bargaining unit employees shall, as a condition of continued
employment, become and remain members of the Union in good standing. Any
employee who is not a member of the Union on the effective date of this
Agreement shall, within thirty (30) days after such date, or on the thirty-
first (31st) day following the beginning of employment, become a member and
thereafter maintain membership in the Union.
Section 2.
The Union shall accept into membership each employee who pays to the Union
the dues and initiation fees uniformly required of all members pursuant to the
UAW Constitution.
Section 3.
Any employee whose membership is properly terminated by the Union by reason
of his/her failure to pay the required dues and/or initiation fees shall not be
retained as an employee of the Company. No employee will be terminated unless
the Union demonstrates that the employee was notified of any delinquency by
certified or registered letter, addressed to the employee's last known address,
advising such employee of the amount of the delinquency, the procedure to
correct the delinquency, and warning the employee that unless such dues are
paid within seven (7) days following receipt of the letter, they are subject
to being terminated.
ARTICLE V
DUES CHECK-OFF
Section 1.
The Company agrees to deduct monthly dues and/or initiation fees uniformly
required of members in accordance with the Constitution and By-Laws of the
International or Local Union, from the pay of each employee who, following the
effective date of this agreement, voluntarily executes the following
authorization for check-off of dues:
AUTHORIZATION FOR CHECK-OFF OF DUES
TO THE ___________________ COMPANY DATE __________
I hereby assign to Local Union No. _____, International Union,
United Automobile, Aerospace and Agricultural implement Workers of
America (UAW), from any wages earned or to be earned by me or a
regular supplemental unemployment benefit payable under its
supplemental unemployment benefit plan as your employee (in my
present or in any future employment by you), such sums as the
Financial Officer of said Local Union No. _____ may certify as due
and owing from me as membership dues, including an initiation or
reinstatement fee and monthly dues in such sum as may be established
from time to time as union dues in accordance with the Constitution
of the International Union, UAW, I authorize and direct you to
deduct such amounts from my pay and to remit same to the Union at
such times and in such manner as may be agreed upon between you and
the Union at any time while this authorization is in effect.
This assignment, authorization, and direction shall be
irrevocable for the period of one (1) year from the date of delivery
hereof to you, or until the termination of the collective agreement
between the Company and the Union which is in force at the time of
delivery of this authorization, whichever occurs sooner; and I agree
and direct that this assignment, authorization, and direction 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 shall be shorter, unless written notice is given by me to
the Company and the Union, not more than twenty (20) days and not
less than (10) days prior to the expiration of each period of one
(1) year, or of each applicable collective agreement between the
Company 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.
Such deduction shall be made during the second pay period of each calendar
month. The Company will afford the Union an opportunity to explain dues
deductions to and obtain authorization card signatures from new employees.
Section 2.
A copy of signed check-off authorization forms will be supplied to the
Union as they are received by the Company. All such written authorizations
shall continue in effect and deductions will continue to be made at the rate
therein specified until revoked as provided in the authorization. Unless
properly revoked, the authorization cards of employees on layoff or leave of
absence shall remain in effect. The Company will notify the Union, in writing,
of any employee who has revoked an existing check-off authorization.
Section 3.
The Company shall remit to the designated financial officer of Local 985
any dues that have been deducted from the pay of an employee. Such remittance
shall take place within seven (7) days of the deduction. The Company shall
furnish the designated financial officer of Local 985 with a complete list
identifying the name, address, social security number, job classification,
seniority date, rate of pay, and the current amount of such deduction for all
employees for whom deductions have been made in that calendar month.
Section 4.
If for any reason deductions are not made during the second pay period of
any calendar month, the delinquent deduction shall be made from the next
available pay period and will be remitted to the designated financial officer
of Local 985 immediately.
Section 5.
Any deduction improperly made from the pay of an employee will be refunded
by Local Union 985.
ARTICLE VI
V-CAP VOLUNTARY CHECK-OFF
Section 1.
The Company shall deduct the amount checked off from each employee who has
voluntarily completed a form authorizing contributions to UAW V-CAP. The
amount shall be deducted each month such authorization remains in effect.
The Company and the Union agree that the signing of this authorization and the
authorization of payments to UAW V-CAP are voluntary and are not conditions
of membership in the Union or continued employment with the Company.
Section 2.
The Company shall remit the sums collected at the same time the regular
monthly Union dues are remitted. At the time of remittance of such deductions
to the Local Union Financial Secretary, the Company will also submit a list of
members from whom V-CAP deductions have been made together with the amounts.
ARTICLE VII
NO STRIKES/NO LOCK-OUTS
Section 1.
For the duration of this Agreement, neither the Union nor the members of
the bargaining unit will authorize, instigate, aid, encourage, condone, or take
part in any strike, work stoppage, sympathy strike, safety strike, slowdown,
sit-down, walkout, picketing (including "informational" picketing), concerted
abuse of restroom or other privileges, sick-out, overtime ban, in-plant job
action, or any other form of concerted interference with normal operations
or withholding of normal cooperation.
Section 2.
Any employee who instigates, aids, encourages, or participates in any act
prohibited in Section 1 shall be subject to immediate discharge. Any employee
so discharged shall be entitled to invoke the grievance/arbitration
procedure solely on the question of whether they actually engaged in the
proscribed behavior; provided, however, that the arbitrator shall have no
authority to change the penalty for the violation. The Union recognizes that
it may be impractical to discharge all persons who engage in a violation of
this section and that the Company has the right to engage in selective
discharges.
Section 3.
Neither the alleged violation of this Agreement by the Company nor the
alleged commission of any act which would be unlawful under state or federal
law shall constitute grounds to violate Section 1. Specifically, the Union
agrees that the National Labor Relations Board has jurisdiction to remedy
any alleged unfair labor practices and that it will not engage in any action
proscribed in Section 1 to protest the alleged commission of unfair labor
practices.
Section 4.
No employee(s) may withhold his or her services from the Company in
connection with any labor dispute, which affects the Company or its premises,
including cases where the employee(s) may be required to cross and work behind
picket lines established by the UAW or other labor organizations at the
Company's place of business. Nor shall there be any refusal to work on,
handle, or produce any materials because of a labor dispute involving or
affecting a vendor, purchaser, supplier, or carrier of materials or equipment.
Section 5.
If an employee fails to report to work during any strike and claims that
their absence was due to illness, they must notify the Company by telephone
each day they are absent, produce a written physician's certification, and
fully cooperate with any request of the Company to be examined by any physician
or facility designated by the Company. Any employee who claims that they were
physically prevented from entering the plant must promptly call the plant and
request instructions regarding alternate arrangements for being safely
transported into the plant. Any employee who fails to fully comply with this
section shall be conclusively presumed to be participating in the strike.
Section 6.
Any employee who in good faith contends that the performance of their job
or assigned task will subject them to a clear and present danger of illness or
injury must promptly report the situation to their supervisor and perform any
other work assigned by the supervisor. Any failure to perform the work
assigned by the supervisor or any protest activity by employees not directly
affected shall be deemed a violation of Section 1; provided, however, that any
employee who is personally traumatized by observing a serious injury shall not
be required to resume work.
Section 7.
The Company has neither the right nor the obligation to utilize the
grievance/arbitration procedure to remedy any violation of this article by the
Union. In the event of any violation of Section 1 by the Union, the Company's
obligation to check-off dues shall be suspended for the balance of the term of
the agreement (in addition to any other remedies provided under state and
federal law). Provided that the Union has not directly or indirectly
instigated, authorized, aided, condoned, or participate in any violation of
Section 1, the Union shall be held harmless from monetary liability if it in
good faith takes each of the following affirmative actions:
(a) The Union shall promptly notify each bargaining unit
employee that the strike or other misconduct constitutes a violation
of the contract punishable by discharge and is not in any way
sanctioned or approved by the Union.
(b) The Union shall promptly order each bargaining unit
employee to return to work (or cease any violative conduct) at once
and use all means at their disposal to bring an immediate end to the
violation, including the imposition of discipline upon recalcitrant
members.
(c) The Union shall not contest or oppose any effort by the
Company to obtain an injunction restraining all picketing or other
violative acts.
Section 8.
In consideration of the foregoing, the Company shall not lock-out the
employees during the term of this Agreement.
ARTICLE VIII
GRIEVANCE & ARBITRATION PROCEDURE
Section 1. Definition of a Grievance.
A "grievance" is a claim by a named employee or the Union that the Company
has violated an express requirement or prohibition of this Agreement. The
grievance must specify the Article and Section of the Agreement which the
Company is claimed to have violated and recite the facts giving rise to the
grievance with reasonable specificity.
Neither the Company nor the Union shall have any obligation to process any
complaint which: (a) does not fully qualify as a grievance as defined above;
or (b) arises following the expiration of this Agreement, unless the parties
have mutually agreed in writing to extend the provisions of this Agreement.
Section 2. Grievance Procedure.
Grievances shall be processed only in the following manner:
Employees are encouraged to discuss any problem which could result in a
formal grievance with their immediate supervisor; provided, however, that such
discussions shall not serve to extend the five (5) day time limit set forth in
Step One.
The parties commit to making a sincere effort to keep the procedure free of
unmeritorious grievances and to resolve grievances at the earliest step
possible.
A. Step One. Grievances shall be initiated only in the following
manner:
A Union representative shall sign and file a
grievance on UAW Form F-1 ("Employee Grievance")
within five (5) working days following the
occurrence of the facts giving rise to a
grievance. In the case of individual grievances,
the aggrieved employee must sign the grievance.
The Company shall have no obligation to process an
untimely grievance.
After receiving a timely grievance, the Company
will arrange a meeting between the Xxxxxxx and the
Xxxxxxx. At this meeting, the Xxxxxxx and Xxxxxxx
shall make a good faith effort to resolve the
matter.
If the grievance is not resolved as a result of
this meeting, the Xxxxxxx shall provide a written
response stating the Company's position to the
Xxxxxxx within five (5) working days following the
meeting.
B. Step Two. If the grievance has not been resolved at Step One
and the Union wishes to pursue the matter, the grievance may
be appealed to the second step in the following manner:
The Union shall present a written appeal to the
Company's first step answer to the Plant Manager
within five (5) working days following receipt of
the Company's first step response.
If the appeal is timely, the Company will arrange
a meeting between the Unit Chairperson and the
Plant Manager at a mutually convenient time.
The Plant Manager and Unit Chairperson shall have
the full power and authority to grant, deny,
withdraw, or adjust any grievance that is
discussed.
The Plant Manager will provide a written response
to the Unit Chairperson within five (5) work days
of the conclusion of their second step meeting.
C. Step Three. If the grievance is not resolved at Step Two, and
the Union wishes to pursue the matter, it may appeal to Step
Three by presenting a written appeal to the Plant Manager
within five (5) working days after receiving the Company's
second step answer.
If the appeal is timely, the Company will arrange
a meeting at a mutually convenient time between a
Corporate Representative and a Representative of
either Region 1-A or Local 985 of the UAW.
Attending the third step meeting shall be the
Plant Manager, Corporate Representative, Unit
Chairperson, and a designated representative of
UAW Local 985, or an International UAW
Representative.
In preparation for the third step meeting, the UAW
Representative will be granted access to the plant
to meet with the Unit Chairperson and the
grievant. Where appropriate, the UAW
Representative may view any work operation so long
as there is no disruption of production or
productivity.
The Company will provide a written response to the
Chairperson within five (5) working days following
the conclusion of the Step Three meeting.
The representatives attending such third step
meeting shall have the full power and authority to
grant, deny, withdraw, or adjust any grievance
that has been discussed.
Section 3. Arbitration.
If the grievance is not resolved at the third step, it may be appealed to
an arbitrator for final and binding resolution.
The Union shall have twenty (20 calendar days following receipt of the
Company's third step disposition to appeal such grievance to arbitration.
All arbitrations shall be heard by Xxxxxxxx High of
Cincinnati, Ohio.
If Mr. High is not available, the parties will request a list
of seven (7) candidates from the Federal Mediation and
Conciliation Service (FMCS). The Union will strike one name
from the FMCS list. The parties shall then alternate striking
names until only one name remains. The remaining name shall
be the Arbitrator. Each party reserves the right to reject
one complete panel of names provided by FMCS. Each party
reserves the right to have the hearing transcribed and to
submit a post-hearing brief.
All fees and expenses of arbitration, including the
arbitrator's fees and the cost of transcription, shall be
shared equally by the Company and the Union.
The arbitrator shall have no authority to vary the procedures
(including any time limit prescribed herein) or otherwise to
add to, subtract from, or modify the terms of the contract.
The parties do not intend to be bound by any past practices or
implied restrictions not expressly stated herein.
The Company shall have no obligation to arbitrate and no
arbitrator shall have jurisdiction to adjudicate any grievance
which directly challenges any action taken by the Company
pursuant to those rights of management expressly delineated in
Article III.
Under no circumstances shall the arbitrator award back pay to
a grievant retroactive to a date earlier than five (5) working
days prior to the filing of the written grievance. Any back
pay award shall be offset by any interim compensation
(including unemployment compensation) that the employee may
have received.
Any arbitration decision shall be final and binding upon both
parties.
Section 7. Miscellaneous.
A. All timely grievances challenging disciplinary action taken by the
Company will start at the second stage of the grievance procedure.
B. Any settlement or adjustment mutually agreed upon between the
Company and representatives of the Union in any step of this
procedure shall be final and binding on all parties.
C. If back pay or adjustment in an employee's pay has been agreed upon,
the Union will be provided with written verification that the
payment or adjustment was made within ten (10) days following the
settlement.
D. If the Company fails to comply with any of the applicable time
limits, the grievance shall be advanced automatically to the next
step of the procedure immediately.
E. Time limits set forth in this Article may be extended only by
written mutual agreement.
F. It shall be within the exclusive discretion of the Company whether
to retain probationary employees. The Company's decision regarding
the retention of probationary employees shall not be subject to the
grievance-arbitration procedure.
G. First step meetings shall be scheduled for the last 15 minutes of
the day shift. Any grievant or xxxxxxx who is required to attend a
first step meeting shall be paid for the first 15 minutes of such
meeting. Second and third step meetings shall be scheduled at the
mutual convenience of the parties and the unit chairperson shall
suffer no loss of earnings for attending such meetings.
ARTICLE IX
REPRESENTATION
Section 1. Union Representatives.
The Company agrees to provide for union representation as follows:
A. Stewards. The Company agrees to recognize one (1) Xxxxxxx on
each shift as a representative of the employees on such shift.
The Union will notify the Company, in writing, of
all designated stewards and any changes as
appropriate. Upon receiving written notice, the
Company will recognize the designated xxxxxxx.
Stewards may utilize the last fifteen (15) minutes
of their shift to discuss potential grievances
with employees, to investigate health or safety
concerns, or to represent employees in
investigatory interviews or first step grievance
meetings. In addition, each xxxxxxx'x lunch
period will be extended by 30 minutes to enable
the xxxxxxx to confer with employees during their
lunch period.
Employees wishing to discuss a potential grievance
with their xxxxxxx must obtain advance permission
from their immediate supervisor (who will make the
necessary arrangements with the xxxxxxx and the
xxxxxxx'x supervisor).
Employees who abuse or over-utilize the
opportunity to meet with their xxxxxxx will be
required to meet with their xxxxxxx on their own
time.
There shall be no group meetings with stewards on
company time.
Stewards shall be subject to the same rules of
conduct and company policies that apply to all
bargaining unit employees. Stewards have no
authority to stop work, interfere with normal
operations or interrupt the work of any other
bargaining unit employee.
Stewards shall remain on their jobs and work in
the same manner as all other bargaining unit
employees except when permitted to attend meetings
scheduled under the grievance procedure or during
periods expressly permitted in this Section.
Stewards shall be accorded superseniority for
purposes of avoiding layoff provided that there is
work available in any job they have previously
held and they are fully qualified to perform the
available work.
All stewards will be paid the rate of pay for
their assigned classification and shift.
All stewards will be eligible for all wage
increases, job bids and benefits to which they
would otherwise be entitled and will suffer no
loss of pay for performing their representation
duties in accordance with this Section.
It is anticipated that the vast bulk of employee
problems will be handled during lunch period or
the last 15 minutes of the shift. However, it is
recognized that bona fide emergencies can arise
such as a safety problem which presents an
imminent threat of serious injury. When the unit
chairperson and plant manager agree that a
situation qualifies as a bona fide emergency, the
xxxxxxx shall be released to meet with the
affected employee as soon as possible. It is
anticipated that such emergencies will be the
exception, not the rule.
B. Unit Chairperson. The Company agrees to recognize one (1)
Unit Chairperson designated by the Union as the ranking
representative of all employees within the bargaining unit.
The Chairperson shall participate in Second and
Third Step grievance meetings without loss of pay.
It is agreed that such second and third step
meetings will be scheduled as needed during
mutually convenient times.
Every other Wednesday, the plant manager shall
meet with the unit chairperson to confer about
matters of mutual concern. Such "good and
welfare" meetings shall occur during the last 30
minutes of the day shift unless mutually agreed
otherwise.
It is understood that individual employee concerns
are to be handled by stewards and that there will
be no "doubling up" of Union representatives.
There shall be no group meetings with the unit
chairperson on company time.
The Chairperson shall be subject to the same rules
of conduct and company policy that apply to all
bargaining unit employees. The Chairperson has no
authority to stop work, interfere with normal
operations or interrupt the work of any other
bargaining unit employee.
The Chairperson shall remain on the job and work
in the same manner as all other bargaining unit
employees except when permitted to attend meetings
scheduled under the grievance procedure or during
the time periods expressly permitted in this
Section.
The Chairperson shall be accorded superseniority
for purposes of avoiding layoff provided that
there is work available in any job they have
previously held and he/she is fully qualified to
perform.
The Chairperson will be paid the rate of pay for
their assigned classification and shift.
The Chairperson will be eligible for all wage
increases, job bids and benefits to which he/she
would otherwise be entitled and will suffer no
loss of pay for performing union business in
accordance with this Section.
It is understood that it may be mutually desirable
to have the Chairperson participate in discussions
with management that are not specifically
described within this Section. In no case will
the Chairperson be allowed any additional time to
confer with management or handle union business
other than what has been described within this
Section or what has been mutually agreed upon.
Section 2. Alternates.
The Company will recognize an Alternate Unit Chairperson, and Alternate
Stewards as designated in writing by the Unit Chairperson.
Section 3. Union Leaves.
The Company agrees to grant two (2) unpaid leaves of absence of up to one
week's duration for employees to participate in Union activities during each
calendar year. The Union must notify the Company in writing two (2) weeks in
advance of the leave. The Company will consider any additional request by the
Union for excused unpaid leaves of absence to participate in Union activities.
ARTICLE X
EMPLOYEE ASSISTANCE & CORRECTIVE ACTION
Section 1.
The Company may publish, amend, and enforce reasonable rules of conduct for
the purpose of maintaining order, safety and productivity. A current copy
of all rules of conduct shall be provided to the Union and posted on the
bulletin board. The Union shall have five (5) work days following receipt of
any rule (or amended rule) to contest its reasonableness in the grievance
procedure. The Company may discipline, suspend, or discharge an employee
for violating any rule or other just cause.
Section 2.
The Company may privately interview any employee but shall, upon request,
provide Union representation to any employee who is suspected of misconduct
which could result in disciplinary action.
Section 3.
The parties recognize that substance abuse and violence have reached
epidemic proportions in the American workplace. In order to assist employees
and protect their co-workers, the Company shall contract with the
Occupational Health Centers of America ("OHCA"), to train stewards and
supervisors and counsel employees regarding substance abuse and other
personal problems which can negatively impact the workplace. Substance
abuse and violence will be dealt with as follows:
a. Substance Abuse. Employees are encouraged to self-refer
themselves to the employee assistance program (EAP) for counseling
before violations of the Company's rules of conduct occur. The fact
that an employee has self-referred for substance abuse problems
shall never be held against them in any way or referred to in
arbitration. However, any possession or being under the influence
of alcohol or illegal drugs in the workplace will result in a
disciplinary suspension of up to 20 work days. The suspended
employee must participate in EAP counseling and complete any
rehabilitation program recommended by the EAP. Any subsequent
offense shall automatically result in discharge. Whenever the
Company has reasonable cause to believe that an employee has caused
a serious accident or to suspect that an employee may be under the
influence of alcohol or drugs, the Company has the right to have the
employee tested by a licensed testing facility. Any employee who
refuses to be tested shall be conclusively presumed to have been
under the influence. If the test reveals a concentration of .08%
alcohol or the following levels for drugs, the employee shall be
conclusively presumed to have been under the influence:
Tested Drug EMIT Screen GC/MS Test*
Amphetamines 1000 ng/ml 500 ng/ml
Barbiturates 200 ng/ml 200 ng/ml
Cocaine 300 ng/ml 150 ng/ml
Marijuana THC 100 ng/ml 15 ng/ml
Narcotics-Opiates 300 ng/ml 300 ng/ml
PCP 25 ng/ml 25 ng/xx
x. Violence. Threats, menacing, and violence will not be
tolerated. The Union and the Company will establish a Threat
Response Team consisting of three persons, two of whom shall be
members of the bargaining unit. The purpose of the Threat Response
Team shall be to work with the EAP to:
Publicize the parties' mutual commitment to a
workplace free of threats and violence.
Encourage the reporting to the Threat Response
Team of all threats or menacing conduct.
Develop a procedure for dealing with threats or
violence, including criteria for involving law
enforcement officials.
Investigate and assess all threats and initiate
EAP assessment of all offenders.
Warn any employee who becomes a target of threats.
Develop contingency plans in the event of a
serious incident of violence.
It is anticipated that most threats and minor personal friction can be
dealt with by EAP counseling or referrals. However, the Company may impose
discipline for any assaultive behavior or aggravated threatening/menacing,
including off-premises stalking if the victim is an employee of the Company.
In any instance when the Company believes that an employee represents a
potential for serious violence, the Company shall have the right to suspend
the employee pending psychological/psychiatric testing and evaluation by
a provider of the Company's choice. Any testing will be at the Company's
expense. The Company may condition return to work upon the employee's
cooperation with the testing and the execution of any releases required by
law to authorize the Company to obtain a full report from the provider.
Section 4.
The Company shall pay the monthly fee charged by the EAP but the employee
shall be responsible for the fees of any providers to whom the EAP refers the
employee to the extent that such fees are not covered by the Company's
insurance plan.
Section 5.
The Union will be promptly copied on any disciplinary action that has been
included in the employee's personnel record.
ARTICLE XI
ATTENDANCE CONTROL
Section 1. Purpose.
The parties recognize that absenteeism is costly to both employers and
employees and that an effective attendance policy must be reasonable,
predictable, and free from both favoritism and disputes. To that end, the
parties have designed the following procedure to improve attendance.
Section 2. Point System.
Attendance "points" will be assessed on the following basis:
(a) Tardiness or leaving early:
The fourth and any subsequent
occurrence of being 15 minutes or
less late in any calendar year .5 point(s)
16 minutes to 2 hours 1.0 point(s)
More than 2 hours to 4 hours 1.5 point(s)
More than 4 hours 2.0 point(s)
(b) Absence 2.0 point(s)
An illness which causes absence for 2 or more consecutive days will be
counted as one absence (i.e., 2 points) if the employee: (a) provides a
physician's written verification of illness; and (b) cooperates with any
request by the Company to be examined by a physician or provider of the
Company's choosing. (Any falsification or abuse of this system will be
grounds for disciplinary action.) The only absences for which points will
not be assessed are:
(a) Scheduled vacation;
(b) Approved leave of absence, including Union leave
as defined in Article VII, Section 3, "parenting
leave," "family medical leave," and "employee
medical leave" as those terms are defined in
Article XIX, Section 2;
(c) Funeral leave;
(d) Jury duty or being subpoenaed to court as a
witness (not a party);
(e) In-patient hospital treatment or out-patient
surgery for the employee, their spouse, or child;
(f) Mandatory military service;
(g) On-the-job injury or being sent home after
reporting for work due to observable or measurable
illness (e.g., vomiting or fever);
(h) Layoff or being sent home for lack of work or
disciplinary suspensions.
Points will accumulate on a rolling 12-month basis. An employee's point
status will be determined by adding all points accumulated during the most
recent 12 months preceding the day in question. At the start of each month,
all points accumulated during the corresponding month in the previous
calendar year disappear. For every 50 hours of overtime, one credit will
be earned which can be used within 12 months following the last day of the
overtime to eliminate 1.0 points. The credit point will eliminate the
attendance point immediately preceding the credit or, where there are no
preceding attendance points, the point immediately following the credit.
Section 3. Corrective Action.
The following action will be taken to deter and/or discipline excessive
absenteeism:
8 points written warning
10 points written warning
12 points one week suspension
16 points discharge
The corrective action set forth above shall not be subject to challenge and
the only issue in any arbitration challenging a discharge based upon
absenteeism shall be whether the points were properly assessed.
Section 4. Attendance Bonus.
Employees who work all scheduled hours of all scheduled work days in a
calendar quarter will be paid an attendance bonus equal to 26 times their base
hourly rate. Employees who miss no more than one day during the quarter will
be paid a sum equal to 16 times their base hourly pay. Employees who miss
no more than two (2) days during the quarter will be paid a sum equal to
eight (8) times their base hourly rate. The only exceptions shall be
absences due to vacations, holidays, funeral leave, jury duty, mandatory
military service, being sent home due to lack of work, and leave which
qualifies as Union leave under Article VII, Section 3, or "parenting leave,"
"family medical leave," or "employee medical leave" under Article XIX, Section
2. The calendar quarters shall be January through March, April through June,
July through September, and October through December. Employees who earn
an attendance bonus shall have the option to trade all or some of the pay
for the elimination of absenteeism points at the rate of eight (8) hours
pay for 2.0 points. Such option must be exercised before the bonus is paid.
ARTICLE XII
SENIORITY
Section 1. Probationary Period.
New hires shall serve a 120-day probationary period during which the
Company shall have complete discretion regarding their retention. Time served
as a "temporary" employee shall count towards the 120 days. The Company
shall make its decision whether to hire a temporary employee no later than
90 days after the temporary employee's start date. Once an employee transfers
to the Company's payroll, the grievance procedure shall be available to the
probationary employee for any alleged violation of the agreement other than
discharge. Benefits shall commence the first full month after a
probationary employee transfers from the payroll of a temporary service to
the Company's payroll.
Section 2.
Seniority shall be computed from the employee's most recent date of hire.
In the event two or more employees have the same seniority date, the employee
with the highest last four digits of his/her social security number shall be
deemed to have greater seniority.
Section 3. Layoff and Recall.
The following seniority groups shall be recognized for purpose of layoff
and recall:
Minimum
Proficiency
Period*
GROUP I: 30" & 60" slitters 100
GROUP II: 48" & 72" slitters 100
GROUP III: 12", 22" & 24" xxxxx 100
GROUP IV: 44" mill 200
GROUP V: Annealing 200
GROUP VI: Crane operators 40
GROUP VII: Fork lift & truck loaders 40
GROUP VIII: Receiving 100
GROUP IX: Shipping 100
GROUP X: Scale operator 60
GROUP XI: Maintenance (general) 400
GROUP XII: Maintenance (electrical) 400
GROUP XIII: Roll grinders 200
GROUP XIV: RTS 60
GROUP XV: Material Handlers 20
Layoffs within each group will proceed as follows:
The first employees to be laid off shall be those who
have not completed their proficiency period. Layoffs
shall be in inverse order of the number of days actually
worked within the group as of the date of layoff. That
is, the employees with the greater number of days worked
within their classification shall have priority over
employees with fewer days worked regardless of
seniority.
After all employees who have not yet completed their
proficiency period have been laid off, layoffs among
those employees who have completed their proficiency
period shall be in inverse order of seniority.
The company will give good faith consideration to any requests for
voluntary layoff but retains the discretion to deny such requests if the
absence of the employee would leave the company with an insufficient number
of employees who had completed their proficiency period in the affected
classification and shift. Anyone who is granted a voluntary layoff must
remain on layoff for 30 days or until recalled, whichever is sooner. In
order to avoid layoff, any employee who would otherwise be laid off may
displace (i.e., "bump") any employee with less plant seniority in:
(a) Group XV; or (b) any other group if (but only if) the employee seeking
to exercise bumping rights held the job classification into which he/she
seeks to bump within the 36-month period prior to the commencement of the
layoff. Employees who have not completed their proficiency period cannot
bump those who have. To the extent that cross-training is provided, the
employees are responsible to learn all jobs within their seniority group.
In addition, truck loaders must learn the operation of cranes and fork lifts.
Recalls from layoff shall be in inverse order of layoff within each group.
The Company shall consider laid-off probationary employees for recall but
shall not be compelled to recall them. Laid-off employees who leave town
shall be responsible to keep the Company closely advised of their whereabouts.
Notification of recall shall be directed to the employee's last known
telephone number or any telephone number specified by an employee who plans
to be out of
town. If there is no answer at the employee's telephone number, a written
notice of recall shall be sent by registered mail. Notification of recall
shall give the employee 72 hours to report for work.
Section 4. Shift Selection.
The Company shall afford an opportunity for shift selection during the
months of May and November each year to all employees who have completed their
proficiency period. Shift selection shall be by seniority. Employees changing
shifts must stay within the same job classification. If the Company adds a
third shift or implements a continuous work operation, all employees who
have completed their proficiency period shall be afforded shift selection on
the basis of seniority. If the shift selection process fails to produce a
sufficient number of fully proficient employees on any shift, the Company
may complete the staffing of that shift by assigning the least senior
employees who have completed their proficiency period. Any employee who
misses the semi-annual opportunity for shift selection because they have
not completed their proficiency period shall be given the right to bump
when they complete their proficiency period.
Section 5. Work Assignments & Transfers.
No employee has any vested claim to be assigned to any task or equipment
within their job classification and the Company may assign employees to, or
transfer employees between, any tasks or equipment within their classification
regardless of their seniority. Employees may be temporarily transferred to
other job classifications or tasks regardless of seniority so long as they
suffer no reduction of their regular wage. Employees temporarily
transferred to a higher rated job for more than four hours shall be paid the
wage rate of the higher rated job. After having served in a job for a total
of 160 hours in any calendar year, an employee may decline any further
temporary transfers to such job for the balance of the calendar year. Time
spent in temporary transfers shall be counted as time worked in the
employee's regular job for the purpose of completing his proficiency period.
The grievance procedure shall be available regarding claims that transfers
are being abused for punitive purposes.
Section 6. Seniority List.
The Union will be furnished an updated seniority list on a monthly basis
that includes each employee's address, telephone number, social security
number, job classification, seniority group, rate of pay, shift, and seniority
date. A copy of each updated list shall be posted on the bulletin board.
Section 7. Loss of Seniority.
Seniority shall be broken (i.e., employment shall cease) for any of the
following reasons:
Voluntary quit.
Failure to report for work for three consecutive
days without complying with the Company's
notification requirements.
Discharge (unless reversed through the grievance
procedure).
Retirement or disability settlement.
Failure for any reason to perform any production
or maintenance work for 12 consecutive months or a
period equivalent to the employee's seniority,
whichever is longer.
Failure to return on time from an approved leave
of absence or recall from layoff.
Section 8. Machine Operators.
Separate classifications for machine operators and helpers are eliminated.
Employees who enter any machine operator classification will be subject to the
pay progression set forth in Appendix A and, in order to retain the position,
must demonstrate adequate progress toward full proficiency by the end of the
designated proficiency period (i.e., entering the machine operator job
entails an "up-or-out" commitment).
ARTICLE XIII
HOURS & OVERTIME
Section 1.
The current 40-hour work week (consisting of five consecutive eight-hour
days beginning with the third shift on Sunday) shall remain in effect unless
changed in accordance with this section; provided, however, that nothing herein
shall be construed as a guarantee of any particular number of hours of work.
The normal shift starting times shall be:
First Shift: 7:00 a.m.
Second Shift: 3:00 p.m. or 3:30 p.m.
Third Shift: 11:00 p.m. or 11:30 p.m.
Management shall have the right to change the work day, the work week, and/or
shift times; provided, however, that any continuous work schedule must be
mutually agreed between the Company and the Union. Any such change may affect
less than all employees (e.g., staggered work days or shift times). The
Company will meet and confer with the Union at least twenty (20) work days
prior to any permanent change of work days, work weeks, or shift times;
provided, however, that the Company may proceed with the implementation of the
change when the 20-day meet and confer period has expired.
Section 2.
On those operations where the Company is operating two shifts, the
employees will receive a 30-minute unpaid lunch break. On those operations
where the Company is operating three shifts, the employees will receive a
20-minute paid lunch break but may not leave the premises. The Company shall
continue its current practice of unscheduled rest breaks; provided, however,
that any abusers may be limited to two scheduled 10-minute rest breaks after
having received two written warnings during any 12-month period, copies of
which shall be provided to the Union. Rest breaks shall be taken in a
manner which does not interfere with machine operation.
Section 3.
Employees working any shift which begins after 12:00 noon will be paid an
hourly premium of $.45 and employees working any shift which begins after 8:00
p.m. shall be paid a shift premium of $.45.
Section 4.
Employees will be paid time and one half their regular hourly rate
(including any shift premium) for all hours actually worked in excess of forty
(40) hours per week. Time paid for but not worked due to scheduled vacations,
holidays, jury duty, or funeral leave and time spent on Union leave under
Article VII 3 up to eight hours per day shall be treated as time actually
worked for purposes of eligibility for overtime pay. Time missed due to
machine break-down shall also be treated as time worked unless the employee
elects to go home. Scheduled work time (of up to eight hours per day) which
is missed due to illness shall be treated as time worked for purposes of
eligibility for overtime pay if the employee presents a physician's
certification of illness. (Example: Employee "A" works 10 hours Monday
through Wednesday but misses Thursday and Friday due to certified illness.
For purposes of overtime pay calculation, "A" has 46 hours (30 actually
worked and 16 credited) and will be paid six (6) hours at time and one
half.)
Section 5.
The Company will keep track of all overtime hours offered or worked. When
overtime is needed the Company will give as much advance notice as possible and
will (if time permits) solicit volunteers from among those in the affected
classification(s) who are qualified to perform the available work. If overtime
hours are equal, the highest seniority employee will first be offered the
overtime. Otherwise, the overtime will be offered to the employee with the
lowest balance of hours. Employees who decline overtime will be charged with
the time they could have worked for equalization purposes. If time does not
permit the solicitation of volunteers or if there are insufficient volunteers,
the Company may assign overtime in inverse order of plant seniority among those
employees in the affected classification(s) who are qualified to perform the
available work. Once the Union notifies the Company of a disparity of more
than 16 hours of charged or worked overtime between similarly-situated
employees, the low hours employee shall be offered the next available
overtime opportunities until the imbalance is eliminated. The Company shall
not mandate more than two hours of daily overtime (except to cover for an
unforeseen absence, in which case the Company may assign up to four hours of
daily overtime). The Company shall not mandate Saturday work unless the
affected employees have been notified by the end of their shift on the prior
Thursday and no more than three consecutive Saturdays shall be mandated.
Sundays and Holidays shall be voluntary; provided, however, that the Company
may assign one shift of maintenance and/or annealing employees on Sunday.
No employee shall be assigned to consecutive Sundays. All hours worked by
such maintenance or annealing employees on Sunday shall be paid at time and
one half unless it is the employee's seventh consecutive day actually
worked, in which case it shall be paid at double time. (Days paid but not
actually worked shall not count toward the seven consecutive days actually
worked.) All time actually worked on Holidays shall be at double time. The
unit chairperson shall be provided with a compilation of overtime worked
each week.
Section 6.
If an employee reports to work as scheduled or is called in outside of his
normal schedule and there is less than four (4) hours of work available in the
employee's regular job classification, the employee will be given the option
to: (a) leave after all available work within his regular classification is
finished; or (b) work out-of-classification at his normal rate for the
balance of the four-hour period. When an employee works outside of his
classification to fulfill the four-hour guarantee, the Company shall not
release a regular bargaining unit employee but may release persons on the
payroll of a temporary service agency.
ARTICLE XIV
JOB VACANCIES
Section 1.
Vacancies in production jobs (including new jobs) shall be posted for bids
for five (5) work days. The posting shall specify the classification, wage
rate, shift, and proficiency period. Employees will be given an opportunity
to sign the bid sheet. The selection among bidders shall be controlled by:
(a) relevant experience, skills, and job knowledge; (b) the bidder's overall
employment record (including attendance); and (c) seniority. In evaluating a
bidder's "relevant experience, skills, and job knowledge," the Company will
not consider experience gained via temporary transfers. When the job is not
awarded to the senior bidder, the Union will receive an explanation of the
criteria upon which the Company based its selection. The Company may fill
vacancies in maintenance jobs by hiring from the street but shall post for
all production jobs unless the Company's capacity to train replacements is
compromised by a multiple loss of trained personnel in one classification.
Section 2.
The Company may temporarily fill any vacant position which has been posted.
If there is no successful bidder for the posted job classification, the
employer shall be entitled to fill that job opening by assigning a temporary
employee or (if there are no temporary employees) the lowest seniority
employee or by hiring a new employee. If no one is hired during the sixty
(60) day period following the posting and the employer still desires to fill
the job, it shall be posted in accordance with this article before the
employer shall again be entitled to fill the job by hiring a new employee.
Section 3.
Any successful bidder who: (a) elects to return to his prior job within
the first five work days on the new job; or (b) fails to demonstrate adequate
progress during the proficiency period shall be returned to their prior job.
Any employee who voluntarily withdraws within the five-day period shall
forfeit his/her bidding rights for a period of 90 days from the date of
withdrawal. Successful bidders who complete the proficiency period shall be
barred from lateral or down bids for one year.
Section 4.
If a successful bidder cannot be transferred to the new job within 20 work
days following the award of the job, he/she will be paid the rate of the new
job beginning the 21st day if the rate of the new job is higher. If a
successful bidder cannot be transferred within 20 work days, the Company
will meet and confer with the Unit Chairperson and any further delay shall
be credited towards completion of the proficiency period for the new job.
ARTICLE XV
VACATION
Section 1. Vacation Entitlement.
Full-time employees who have completed one full year of continuous service
are eligible for paid vacation according to the following schedule:
Full Years of Service Vacation
One One Week
Two Two Weeks
Ten Three Weeks
Vacation will be taken in the anniversary year following the year in which
it is earned. (Example: Employee Xxxxx completes two full years of service
on July 1, 1997. Xxxxx is entitled to two weeks of vacation during his/her
following anniversary year, July 1, 1997 through June 30, 1998.) Eligible
employees will be paid a sum equal to 40 times their straight time hourly wage
for each week of vacation entitlement. To receive full vacation pay, the
employee must have worked 1500 hours during the previous anniversary year. If
the employee worked less than 1500 hours, their vacation will be pro-rated.
(Example: Employee Xxxxx'x full vacation entitlement would be two weeks but
Xxxxx worked only 1300 hours. Xxxxx will be entitled to 13/15ths of 80 hours
pay or 69.5 hours). Vacation pay will be paid prior to the commencement of
the employee's vacation if the employee makes a request for advance payment
ten (10) work days before their vacation begins.
Section 2.
A. The Company recognizes the importance of providing the employees the
opportunity to take their full vacation entitlement, and the Union
recognizes that having an excessive number of employees on vacation
can disrupt operations.
B. Accordingly, employees will make their vacation preference known, in
writing, on a form to be provided by the Company not later than
December 1st of each calendar year. Such request shall be for the
scheduling of vacation time for the following calendar year.
Vacation requests shall include an employee's first, second, and
third choice for the following calendar year.
C. The Company will allow up to four (4) employees per shift but no
more than two (2) employees per job classification per shift to be
on vacation in the same week. It is recognized that during the
calendar year, there may be periods of time when production needs
are significantly less than normal levels (i.e., auto company
vacation shutdowns, etc.). Management agrees to notify the Union of
such periods and to discuss the feasibility of expanding the minimum
numbers of employees that will be allowed on vacation at the same
time.
D. Available vacation slots will be filled in plant seniority order
(most senior employee having preference) among all employees who
timely submit their vacation preference form.
E. Management will post the completed vacation schedule by December
31st of each calendar year.
F. Any vacation slots not filled by the timely submission of vacation
preference forms shall be filled on a first come, first served basis
regardless of seniority.
Section 3.
Vacations shall normally be taken in full-week increments, although the
Company will attempt to accommodate requests for less than full-week (but not
less than full-day) increments submitted with advance notice. Employees who
cancel their vacations shall give as much advance notice as possible. An
employee who cancels their vacation may select a new vacation period from
whatever unused slots remain available. The Company shall not cancel scheduled
vacations unless unforeseeable events beyond the Company's control create a
shortfall of qualified personnel which cannot be overcome by overtime or
temporary transfers.
Section 4. Unused Vacation.
The parties strongly encourage all employees to use all of their vacation
time. Employees eligible for one or more weeks of vacation must schedule at
least one week of their vacation entitlement. In those situations where an
employee does not utilize their full vacation entitlement, they will be paid
their unused vacation entitlement on December 31 of each year, except for the
one week they are required to use. When the employee's scheduled vacation is
canceled and all remaining vacation slots are filled, the employee will be
excused from the requirement to use one week's vacation.
ARTICLE XVI
HOLIDAYS
Section 1.
Employees who have completed their probationary period and who work all
scheduled hours on the last work day preceding and the first work day following
a holiday shall be paid a sum equal to eight hours times the employee's base
hourly rate for each of the following holidays:
New Year's Day Day After Thanksgiving
Good Friday Christmas Eve
Memorial Day Christmas
Independence Day New Year's Eve
Labor Day Three Floating Holidays*
Thanksgiving Day
The only exceptions to the requirement to work all scheduled hours before
and after the holiday shall be: (a) tardiness of 15 minutes or less; (b) Union
leave under Act VII 3; (c) hospital admission; (d) pre-scheduled vacation;
(e) jury duty; (f) funeral leave; and (g) lack of work. The Company shall have
the discretion to pay the holiday in any situation where penalizing the
absence would not further the goal of deterring absenteeism. One week's
advance notice will be required for floating holidays. The maximum number
of employees who can be absent on floating holidays are four (4) employees
per shift but no more than two (2) per job classification. Floating
holidays will be scheduled as a first come, first served basis.
Section 2.
Holidays which fall on Saturday shall be observed on the preceding Friday
and holidays which fall on Sunday shall be observed on the following Monday.
Section 3.
Employees who are on approved vacation on the day a holiday is observed
will receive an additional day off with pay to be scheduled by the employee and
their supervisor.
Section 4.
Holiday and vacation hours paid for but not worked will be counted as hours
worked for purposes of computing weekly overtime pay.
ARTICLE XVII
FUNERAL LEAVE
Any employee who has completed their probationary period is eligible for:
(a) up to three (3) days of paid leave in the event of the death of the
employee's current spouse, child, parent, brother, sister, grandparent,
grandchild, mother-in-law, or father-in-law; and (b) one day's paid leave in
the event of the death of a brother-in-law, sister-in-law, son-in-law,
daughter-in-law, or stepparent. Funeral leave pay shall be calculated on
the basis of eight times the employee's base hourly rate for each scheduled
day missed. Funeral leave must be taken during the period beginning with
the date of death and ending with the date of the funeral or memorial
service. In order to be eligible, the employee must submit verification
of having attended the funeral or memorial service.
ARTICLE XVIII
JURY DUTY
Any employee who has completed their probationary period and is compelled
to serve on a jury on a day the employee is scheduled to work shall be paid a
sum equal to the difference between their jury duty pay and eight times their
base hourly wage rate. In order to receive jury duty pay, the employee must
provide the Company with a copy of the jury summons within two work days
after receiving it and must submit written confirmation from the court
regarding their dates of service and amounts received. Employees must
report for work on any day when their services as a juror are not required or
when they are excused from jury duty with more than four hours remaining on
their scheduled working day.
ARTICLE XIX
LEAVES OF ABSENCE
Section 1. Personal Leave.
The Company may grant unpaid personal leaves of up to nine (9) months'
duration to employees who demonstrate a compelling personal need. The
grievance procedure shall be available if the Union believes that the
refusal of a leave constitutes an abuse of discretion. The Company may
impose reasonable terms upon the granting of personal leaves (e.g., periodic
status reports). The Company shall continue the employee's group health
coverage for up to twelve (12) weeks, whereupon the employee may exercise
COBRA purchase rights.
Section 2. Family & Medical Leave.
The following provisions shall apply to all family or medically-related
leaves, including leaves occasioned by occupational injuries or illnesses
compensated by workers' compensation:
1. An employee with at least 12 months of service who
actually worked at least 1,250 hours during the 12-month period
preceding a leave request (excluding vacations, holidays, leaves,
etc.) will be granted up to 12 weeks of unpaid leave during any
rolling 12-month period:
(a) Parenting Leave. To care for a newborn son
or daughter or a child placed with the employee for
adoption or xxxxxx care.
(b) Family Medical Leave. To care for a
spouse, child, or parent of the employee who has a
serious health condition.
(c) Employee Medical Leave. Because of a
serious health condition (including pregnancy) that
renders the employee unable to perform the functions of
his job. The period of leave shall not exceed the
period of disability.
All parenting leave shall be taken on consecutive full days
and must be utilized before the newborn is 12 months old or within
12 months following the adoptive or xxxxxx placement. Husbands and
wives shall not be required to aggregate family medical or parenting
leave. During the first year of the contract, the Company shall not
exercise its statutory right to require employees to first utilize
vacation in substitution for leave. If, during the first year of
the contract, the frequency of family and medical leave increases
significantly, the Company may require the utilization of up to one
week of vacation.
2. In the case of employee medical leave, the term "serious
medical condition" means an illness, injury, or condition that: (a)
renders the employer unable to perform the functions of their job;
and (b) requires in-patient care in a hospital or residential care
facility; or (c) requires continuing treatment by a physician or
other health care provider. The following conditions do not
normally constitute serious medical conditions: colds, flu, ear
ache, upset stomach, minor ulcers, headaches, and routine dental
problems. Any period of incapacity due to pregnancy will be
considered a serious medical condition. Absence because of
substance abuse (as opposed to treatment therefor) does not qualify.
3. Where the need for leave is foreseeable (e.g., normal
childbirth, elective surgery), the employee shall give at least 30
days' written advance notice. The leave shall not commence until
proper notice has been given.
4. The employee must provide specific information as to the
need for the leave and its expected duration. In the case of
employee medical leave, the employee must notify the Company as soon
as possible of the nature of the medical problem and whether it will
require in-patient treatment or continuing treatment by a physician.
Unless physically incapacitated to do so, employees granted family
or medical leave shall telephonically report on their status and
expected date of return on a weekly basis.
5. If the leave is for a serious health condition of the
employee or a family member, such condition must be supported by a
written certification from the treating physician or health care
provider. In the case of employee medical leave, the certification
must recite the provider's opinion regarding the impact of the
illness or injury upon the employee's ability to perform the
specific functions of their job. The Company will provide a list of
the essential functions of the employee's job on the request of the
provider. If the certification is incomplete or the Company has
reason to doubt its validity, the employee must obtain the opinion
of a second health care provider designated by the Company. The
cost of the second opinion shall be borne by the Company. Should
the second opinion differ from the original certification regarding
the need for, or anticipated duration of the leave, the Company and
the Union shall select a third medical provider whose opinion shall
be binding and conclusive on all parties. The cost of obtaining the
third opinion shall be borne by the Company. If the serious health
condition requires more than one month's leave, the employee must
submit monthly recertification of disability from his/her provider.
6. Family medical leave or employee medical leave may be
taken intermittently to the extent permitted by the Family & Medical
Leave Act (FMLA). The employee shall utilize intermittent leave
only when medically necessary. In any situation where the need for
leave is foreseeable based upon planned medical treatment (including
recurring visits to a health care provider), the employee shall
schedule the treatment in accordance with minimal disruption of the
employer's operations (i.e., to miss as little scheduled work time
as possible). In order to minimize the disruptive effect of the
employee's absence, the Company may transfer the employee to other
duties (without loss of pay) for the duration of the leave.
7. Before being restored to duty, any employee whose leave
is based upon their own serious health condition must submit written
verification from their treating physician or provider evidencing
the provider's understanding of the essential functions of the
employee's job and the employee's ability to fully perform such
functions. If the Company has reason to believe that the
restoration of the employee would pose a significant risk to the
health or safety of the employee or others which cannot be
eliminated by reasonable accommodation, the employee shall be
examined by a provider selected by the Company as a condition to
restoration. If the opinions of the treating provider and the
Company-selected provider differ, the question of the employee's
entitlement to restoration shall be resolved by arbitration under
Article VIII. Any employee denied restoration may utilize any
remaining balance of the 12-week maximum leave.
8. An employee on family or medical leave shall not be
entitled to any pay or benefits other than group health plan and
sickness & accident insurance coverage. Employees on family or
medical leave shall be subject to the same financial obligations
(e.g., co-payments, deductibles) as active employees regarding group
health coverage. If the employee cannot return to work after
exhausting 12 weeks of family or medical leave, the employee may
exercise COBRA purchase rights.
9. Upon completion of any family or medical leave, the
employee shall be restored to an equivalent position with equivalent
pay and benefits. The Company shall continue its current practice
of providing medical coverage for up to 26 weeks for employees who
are collecting sickness & accident insurance benefits.
10. If an employee remains disabled due to a serious health
condition after exhausting 12 weeks of FMLA leave, the employee will
continue to collect the remainder of sickness & accident insurance
benefits.
11. Attendance points will not be assessed against any
absence which qualifies as a parenting leave, family medical leave,
or employee medical leave under this section. Moreover, all such
qualifying leave time shall be counted as time worked for the
perfect attendance bonus.
Section 3.
Obtaining any leave under false pretenses, seeking or taking any employment
during a personal leave, failure to cooperate with any examination called for
in this article, failure to immediately report for work upon the expiration of
any period of leave, or any violation of the stated purpose or terms of any
leave shall be grounds for termination.
Section 4.
Seniority shall continue to accrue during any approved leave of absence.
If a layoff is in effect when an employee seeks to return from a leave of
absence, the employee will be placed in the same position they would have
occupied had they been on the active payroll at the time the layoff commenced.
ARTICLE XX
HEALTH & SAFETY
It is agreed that the Company, the Union, and the Employees share a common
responsibility to achieve a safe and healthy workplace. The Union will
designate a Safety Chairperson who may also be the Unit Chairperson. The
Safety Chairperson shall be provided with a copy of all MSD sheets and all
reports mandated by OSHA. A safety committee comprised of two managers, the
Safety Chairperson, and one representative from each of the four operational
areas (slitters, xxxxx, material handling, and maintenance) shall meet
monthly and conduct an inspection of the plant. The Company shall provide
and the employees shall utilize all personal protective equipment required
by OSHA. Employees who fail to follow safe practices or fail to utilize any
personal protective equipment designated by the Company shall be subject to
corrective action. All supervisors shall be certified in standard first aid
and cardio-pulmonary resuscitation and the Union shall be provided a copy of
their certification and periodic renewals. The Company shall meet and confer
with the Safety Chairperson regarding the adequacy of any arrangements with
outpatient clinics and/or hospitals. Any injured employee who is sent home
by the clinic or hospital shall be paid for the balance of their scheduled
shift.
ARTICLE XXI
NON-DISCRIMINATION
The Company will not discriminate against any employee for any reason
prohibited by any federal or state statute, including employment discrimination
based upon race, color, religion, sex, nationality, age, disability, or union
membership.
ARTICLE XXII
UNIFORMS
The Company shall continue to provide uniforms (and laundering services
therefor) for all bargaining unit employees. Employees shall be responsible
for the proper cycling of their uniforms and to verify the number of uniforms
returned by the laundering service. In the event that the temperature
reaches 85 degrees Fahrenheit inside the plant, employees will be permitted
to wear the following in lieu of uniform shirts:
Plain white t-shirt.
Steel Tech logo t-shirt.
UAW logo t-shirt.
No additional words, messages, or symbols are permitted on shirts worn in
lieu of uniforms. Uniforms shall be worn Monday through Friday but Saturday
shall be considered a "casual day."
ARTICLE XXIII
UNION BULLETIN BOARD
The Company shall make available to the Union a bulletin board for the
posting of notices and other union business.
ARTICLE XXIV
WAGES & BENEFITS
Bargaining unit employees shall be paid the wages set forth in Appendix A
and the insurance and retirement benefits set forth in Appendix B.
ARTICLE XXV
MISCELLANEOUS
Section 1.
Pay checks shall be distributed on Thursday for hours worked the prior
week. Pay checks shall not be withheld as a form of corrective action.
Section 2.
The Company will continue its current policies regarding smoking and
parking assignments unless and until mutually agreed otherwise.
Section 3.
If the Company's modification of any existing job classification
substantially changes the essential nature of the job's duties, the parties
will meet and confer regarding any wage issues. Temporary transfers, machine
modifications, or the assignment of fill-in responsibilities shall not be
considered as substantial changes. The existing rate shall remain in effect
until the parties reach agreement; provided, however, that any change shall be
retroactive to the date when the changes took effect.
Section 4.
Within 60 days following the effective date of this Agreement, the Company
shall provide the Union with a written description of each job. The fact that
a particular task is omitted from a job description shall not be grounds for
an employee to refuse to perform that task.
Section 5.
Within 30 days following the effective date of this Agreement, the Company
shall vacate the room which currently houses the computer that handles the
set-up for the large slitters and convert the space to a Union office. The
Union shall keep the office locked and shall not knowingly permit loitering
in such office.
Section 6.
Supervisors shall not routinely perform bargaining unit work; provided,
however, that supervisors may perform production or maintenance work on a
"spot" basis:
To assist bargaining unit employees as needed in order to
maintain the flow of production, meet delivery commitments, or
catch up when production falls behind.
To train employees or test equipment.
To respond to unforeseen emergencies.
To cover for absenteeism or a shortage of qualified personnel;
provided, however, that the Company shall, where possible, use
overtime, temporary transfers, and/or the procedures for
filling job vacancies to avoid excessive production work by
supervisors.
Section 7.
Any payroll deductions currently offered shall continue to be offered.
Section 8.
The Company shall provide each employee a copy of this Agreement. If the
document is printed by a commercial printer, the Company shall utilize a union
printer.
Section 9.
If the Company permits any supervisor to return to the bargaining unit,
he/she shall be treated as a new hire.
Section 10.
The Company shall enforce a policy against sexual harassment.
Section 11.
Employees who quit, retire, die, or are discharged shall receive one
twelfth of their earned but unused vacation pay for each full calendar month
completed during the anniversary year during which the death, retirement, quit,
or discharge occurs.
Section 12.
Payroll errors of four (4) or more hours shall be rectified within two full
work days following verification of the error.
Section 13.
The Company shall engage an architect or space planner to study the
feasibility of expanding the women's locker room.
Section 14.
Leaders may give routine assignment and direction but shall not recommend
or impose discipline.
Section 15.
The Company shall continue to reimburse employees who have completed their
probationary period up to $100.00 annually toward the cost of steel-toe safety
shoes.
Section 16.
The Company shall continue to reimburse employees who have completed their
probationary period for prescription safety glasses on the following basis:
50% of the cost of regular eye exam once every two years, to a
maximum of $50.00, provided that the purchase of prescription
safety glasses occurs as a result of the exam;
100% of the cost of lenses once each calendar year
(accessories, such as tinting, scratch guard, etc., are not
covered);
Up to $50.00 toward the cost of frames, once each calendar
year.
Replacement costs for lost or damaged frames and lenses will
be reimbursed once per calendar year according to this same
schedule.
Section 17.
The Company shall reimburse employees who have completed one full year of
service and are pursuing an undergraduate degree for their actual out-of-pocket
cost for tuition and books and shall reimburse non-degree course work on the
same basis if (but only if) the course is strongly job related and approved
in advance by the plant manager. Disputes over the job-relatedness of a
course are subject to the grievance arbitration procedure. Tuition
reimbursement shall be on the basis of 90% for an "A" grade, 85% for a "B"
grade, and 80% for a "C" grade.
Section 18.
Each calendar year, the employee who submits the best written safety
suggestion which is adopted shall receive a $100.00 cash award. The Safety
Committee shall make the selection from those suggestions adopted by the
Company.
Section 19.
The Company will not deduct from an employee's pay amounts of less than
$20.00 which have been previously overpaid. Any deductions for amounts in
excess of $20.00 must be made by the second pay following the error.
Section 20.
The current contractual relationship with the food service vendor will be
terminated effective May 4, 1996. Thereafter, Local 985 will assume total
responsibility for the selection and all arrangements with food service
vendors. The Company shall not enter into (or guarantee) any further contracts
with food service vendors. All funds received by Local 985 from food
service vendors shall be deposited into an account for the use of the Steel
Tech bargaining unit to cover the purchase of office supplies and other
reasonable and necessary expenses.
Section 21.
Up to a maximum of ten (10) attendance points assessed prior to the
effective date of this agreement will be carried over for purposes of the 16-
point limit in Article XI. For those employees who have more than ten (10)
points, the oldest points will be eliminated until the employee's point status
is reduced to ten (10). However, all prior discipline not pertaining to
attendance shall be considered expunged as of the effective date of the
agreement.
ARTICLE XXVI
CONTRACT TERM
Section 1.
If applicable Federal or state law renders invalid or unenforceable any of
the provisions of this Agreement, all unaffected provisions shall remain in
force and the parties will negotiate in good faith regarding a replacement
for the invalid provision. Such replacement provision shall become effective
immediately upon agreement by the parties without the need for further
ratification by the Union membership and shall remain in effect for the
duration of this Agreement.
Section 2.
This Agreement shall become effective on the first Monday after receipt by
the Company of written notice from the Union that a written agreement approved
by the respective bargaining committees has been properly ratified by the
members of the bargaining unit pursuant to the provisions of the UAW
International Constitution.
Section 3.
If either party gives notice of its desire to modify or terminate this
agreement by February 1, 1999, the agreement shall expire March 31, 1999. If
the parties have not concluded a new agreement by the expiration date, all
provisions of the Agreement shall remain in effect unless and until:
The parties execute a new agreement; or
The parties mutually agree to terminate this Agreement; or
The Company exercises any right under federal law to implement
its offer following a bargaining impasse; or
The Union exercises its right under federal law to strike or
the Company exercises its right to lockout.
If timely notice to modify or terminate is not given, the agreement shall
continue in effect for successive yearly periods until notice is given by
February 1 of any year.
Section 4.
Notices of intent to modify or terminate this Agreement shall be in writing
and sent by registered mail or overnight delivery to: UAW Region 1-A, 0000
Xxxxx Xxxxxxxxx Xxxx, Xxxxxx, XX 00000; Steel Technologies, Inc., 0000
Xxxxxxxxxx Xxxx, Xxxxxx, XX 00000.
Section 5.
Both parties have been afforded adequate opportunity to bargain over any
subject and neither party shall have the right during the term of this
Agreement to demand bargaining over any subject which is contained in (or
which could have been contained in) in this Agreement; provided, however,
that if, during the term of this contract, the Company contemplates taking
some action which is not expressly authorized by a provision of this Agreement,
nothing herein shall be deemed as a waiver by the Union of any bargaining
opportunity required by federal law.
INTERNATIONAL UNION, UNITED
AUTOMOBILE, AEROSPACE, AND
AGRICULTURAL IMPLEMENT
STEEL TECHNOLOGIES, INC. WORKERS OF AMERICA (UAW)
By ____________________________ By ____________________________
X. X. Xxxxxx Xxx Xxxx, Regional Director
Vice President - Manufacturing
____________________________
____________________________ Xxx Xxxxxxx
Xxxxx Xxxxxxx International Representative
General Manager
____________________________
Xx Xxxxxxxxx, Vice President
UAW Local 985
____________________________
Xxxxx Xxxxx, Committeeperson
____________________________
Xxxxxxx Xxxxxxxx,
Committeeperson
____________________________
Xxxxxxx Xxxxx, Committeeperson
APPENDIX A
WAGE RATES
GRADE JOB RATE
1 MATERIAL HANDLER 9.00
2 CRANE OPERATOR 10.00
FORKLIFT OPERATOR
TRUCK LOADER
3 RTS COORDINATOR 10.25
BL LEADER
4 SLITTER OPERATOR 11.00
MILL OPERATOR
RECEIVING
SHIPPING
SCALE OPERATOR
5 44-INCH MILL OPERATOR 12.00
ROLL GRINDER
ANNEALING OPERATOR
6 MAINTENANCE 14.50
A. WAGE PROGRESSION.
Section 1. Any employee whose wage rate as of the effective date of the
contract is below the contract rate for their classification shall receive an
increase equal to one third of the difference between their current rate and
the contract rate for their classification on: (a) the effective date of the
agreement; and (b) the first and second anniversary dates of the contract.
Example: Employee Xxxxx' rate is $9.25 on March 31, 1996. The
contract rate for Xxxxx' "Grade II" job is $10.00.
Xxxxx will receive the $.75 difference in the following
three installments: $.25 increases on the effective
date of the agreement and $.25 increases on the first
anniversary date and the second anniversary date.
Section 2. Any employee whose wage rate as of the effective date of the
contract is at or above the contract rate for their classification shall have
their rate red-circled and receive lump sum payments equal to 2.5% of their
prior calendar year's gross earnings on: (a) the effective date of the
contract; and (b) the first and second anniversary dates.
Example: Employee Xxxxx'x wage rate is $11.20 and the contract
rate for his "Grade IV" job is $11.00. Xxxxx'x $11.20
rate shall be red-circled and he will receive lump sum
payments equal to 2.5% of his prior year's gross
earnings on the effective date and each anniversary date
of the agreement.
Section 3. Any employee who would receive less than a $.30 per hour
average annual increase under the formula set forth in Section 1 shall be
increased to the contract rate on the effective date of this Agreement and
shall receive lump sum payments equal to 2.5% of their prior year's gross
earnings on the first and second anniversary dates of the contract.
B. JOB BIDS.
Employees who successfully bid to a higher rated job will begin their new
job at their then-current rate or 90% of the then-current wage rate of the
lowest paid employee in the bid classification, whichever is higher. After
completing their proficiency period or 200 work days, whichever is shorter,
the successful bidder will receive the then-current wage rate of the lowest
paid employee in the classification. If the lowest paid employee's wage
rate is below the contract rate for the classification when the bidder
completes his proficiency period, the bidder will "piggyback" the progress
of the lowest paid employee in achieving the full contract rate.
Example: Employee Xxxxxx'x wage rate is $8.00 when he
successfully bids to a Grade IV job as a slitter operator. The
lowest paid slitter operator at the time of the bid is Employee
O'Reilly who earns $10.00. Xxxxxx'x starting rate will be $9.00
(90% of $10.00) and he will move to a wage identical to X'Xxxxxx'x
when he completes the 100-day proficiency period. When O'Reilly
moves to the full contract rate ($11.00), so does Xxxxxx.
Employees who bid laterally or to a lower rated job during the first two years
of the contract shall receive the average wage of the employees who hold that
classification. Employees who bid laterally or to a lower rated job during the
third year of the contract shall receive the full contract rate for the bid
job. If the bidder has never before held the bid job, he shall start $.50
below the rate set forth in the preceding sentence and shall be increased by
$.50 when he completes the proficiency period for the job.
C. NEW HIRES.
New hires will start $1.00 per hour below the rate for their classification
and will receive $.50 increases on their first and second anniversary dates.
D. RATIFICATION BONUS.
As an inducement to ratify the contract, each employee who is employed as a
full-time, regular employee of Steel Tech on April 13, 1996 shall be eligible
for a cash bonus of $4,500.00 if (but only if): (a) the UAW notifies the
Company no later than midnight April 13, 1996 that acceptance of this offer
has been ratified by the membership and that the agreement will take effect
on April 15, 1996; and (b) there has been no strike, slowdown, inside games,
or other conduct described in the "no strike clause" prior to the effective
date. The ratification bonus will be paid as follows: $2,000.00 on April
19, 1996; $1,500.00 on April 1, 1997; and $1,000.00 on April 1, 1998.
In order to be eligible for any payment, an employee must have been on the
active payroll: (a) on April 13, 1996; and (b) on the date when any
subsequent payment is due. Eligibility for, and the amount of, the payment
are not tied to the number of hours worked or the nature or amount of
services rendered by otherwise eligible employees. The ratification bonus
is separate from, and will not be included in, an employee's wage rate for
purposes of calculating overtime pay, vacation pay, holiday pay, workers'
compensation premiums, or any form of compensation, benefit, payroll tax,
r "roll up" which is calculated based on wage rates.
APPENDIX B
INSURANCE & RETIREMENT BENEFITS
Section 1. Medical Insurance. Effective May 1, 1996, the Company shall
provide bargaining unit employees with the benefits enumerated in Aetna Health
Plans' "Open Choice PPO" plan. A summary of benefits for the "Open Choice PPO"
is attached as Appendix "C."
Section 2. Dental Insurance. Effective May 1, 1996, the Company shall
provide bargaining unit employees with the dental benefits enumerated in the
"Delta Premier" plan attached as Appendix "D."
Section 3. Other Insurance. The accidental death/dismemberment and life
insurance benefits currently in effect shall be maintained for the life of this
agreement at no cost to the employees. The sickness and accident insurance
maximum benefit shall be increased to $325.00 per month effective May 1, 1996
and to $350.00 per month effective April 1, 1998. Attached as Appendix "E" are
summaries of the benefits for life, accidental death, and sickness and accident
insurance. The Company may change medical, dental, or other insurance carriers
or self-insure all or any portion of any coverage so long as there is no
material change of benefits.
Section 4. Pension. Effective May 1, 1996, the Company shall contribute
$.10 for each hour worked or paid to the National Industrial Group Pension Plan
for Labor-Management Groups ("NIGPP"). The Company's hourly rate of
contribution shall be increased to $.15 on April 1, 1997 and to $.20 on
April 1, 1998. The Union acknowledges that the Company's responsibility is
limited to providing the defined contribution and that the Company has no
role or responsibility regarding the extent of the benefits provided by NIGPP.
Section 5. 401K & Profit Sharing Plans. The Company's 401K plan will be
amended to suspend any further matching contributions by the Company on behalf
of bargaining unit employees following the pay period ending April 13, 1996.
The employees' right to contribute shall be maintained. The Company's
profit-sharing plan will be amended to terminate the participation of
bargaining unit employees effective April 13, 1996. This shall not affect
the employees' entitlement to receive their lump sum distribution for the
period ending March 31, 1996.
APPENDIX E
[STEEL TECH LETTERHEAD]
Xxx Xxxxxxx
UAW Region 1A
0000 Xxxxxxxxx Xxxx
Xxxxxx, XX 00000
Letter #96-1
Dear Xx. Xxxxxxx:
During the negotiation of our 1996 agreement, the UAW expressed concern
about the prospect of a sale of the plant. The purpose of this letter is to
address that concern. Steel Technologies hereby warrants and represents that:
Its Belleville Road plant is essential to servicing the
Company's Detroit area customers on a cost-effective basis.
We have no current intention to sell our Belleville Road plant
and have never considered selling the plant.
We have never had any discussions with a potential purchaser
and are not seeking a purchaser.
In the unlikely event that we should ever consider selling the plant, the
following procedures shall apply:
Before signing a contract of sale, the Company will deliver a
copy of the UAW collective bargaining agreement to any
prospective purchaser.
At least 30 days prior to any transfer of assets, the Company
shall deliver a copy of any contract for the sale of the plant
to the UAW and bargain in good faith concerning the effects of
any sale upon bargaining unit employees.**
The UAW shall have the right to strike if, at the time the
assets are transferred, the purchaser has neither adopted the
terms of the Company's collective bargaining agreement nor
negotiated a substitute agreement acceptable to the UAW.
STEEL TECHNOLOGIES, INC.
By ____________________________
X. X. XXXXXX, V.P.
AGREED:
UAW
By ____________________________
*Any employee who has taken one or more paid sick days during the period
January 1 through April 14, 1996 shall be entitled to two (2) floating holidays
in 1996.
**The sales price and any proprietary financial data may be expunged from
the UAW's copy of the contract.
________________
*Gas chromatography/mass spectrometry testing.
____________________
*Actual work days (not calendar days).
Xxx Xxxxxxx
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