LOCAL 810, I.B.T.
AGREEMENT WITH
HAUPPAUGE RECORD MANUFACTURING CO.
a wholly owned subsidiary of
Allied Digital Technologies Corp. - HTM
January 22, 1997 - January 21, 2000
Xxxxx Xxxxx, President
Local 810, I.B.T.
00 Xxxx 00xx Xxxxxx
Xxx Xxxx, X.X. 00000
Xxxxx Xxxxxxx, Delegate Telephone No. (000) 000-0000
HTM
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TABLE OF CONTENTS
-----------------
Clause Article
------ -------
Recognition And Bargaining Unit I
Union Security II
Checkoff Of Dues III
Hiring Hall IV
Hours And Overtime V
Night Shift and Twelve Hour Shift VI
Call-In Pay VII
No Discrimination - Equal Pay VIII
Holidays IX
Seniority And Promotions X
Discharge XI
Downgrading XII
Tools And Materials XIII
Payment Of Wages XIV
Visitation XV
Payroll Records XVI
Strike And Lockout XVII
Grievance And Arbitration XVIII
Leave Of Absence XIX
Notice of Layoff XX
Bulletin Board XXI
Shop Xxxxxxx And Committeemen XXII
Telephone XXIII
Soap, Towels & Sanitary Conditions XXIV
Rest And Wash-UP Time XXV
Health And Welfare XXVI
Pension XXVII
Annuity XXVIII
Enforcement Of Welfare & Pension Contributions XXIX
Wages XXX
Vacations XXXI
Assignment Of Contract XXXII
Cost Of Living XXXIII
Jury Duty XXXIV
Plant Removal XXXV
Paid Sick Leave XXXVI
Mourning Period XXXVII
General Provisions & Efficiency To Meet Competition XXXVIII
Labor Management Committee XXXIX
Safety Provisions XL
Termination XLI
Saving Clause XLII
Schedule "A" - Schedule Of Starting & Minimum Rates
i
HTM
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INDEX
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ANNUITY.................................................................. 10
ARBITRATION............................................................... 7
ASSIGNMENT OF CONTRACT................................................... 12
BARGAINING UNIT........................................................... 1
BULLETIN BOARD............................................................ 8
CALL-IN PAY............................................................... 4
CHECKOFF OF DUES.......................................................... 1
COST OF LIVING........................................................... 12
DISCHARGE................................................................. 5
DOWNGRADING............................................................... 5
ENFORCEMENT OF WELFARE AND PENSION CONTRIBUTIONS......................... 10
GENERAL PROVISIONS AND EFFICIENCY TO MEET COMPETITION.................... 13
GRIEVANCE................................................................. 7
HEALTH AND WELFARE........................................................ 8
HIRING HALL............................................................... 2
HOLIDAYS.................................................................. 4
HOURS AND OVERTIME........................................................ 2
JURY DUTY................................................................ 12
LABOR MANAGEMENT COMMITTEE............................................... 14
LEAVE OF ABSENCE.......................................................... 7
MOURNING PERIOD.......................................................... 13
NIGHT SHIFT and TWELVE-HOUR SHIFT......................................... 3
NO DISCRIMINATION - EQUAL PAY............................................. 4
NOTICE OF LAYOFF.......................................................... 8
PAID SICK LEAVE.......................................................... 13
PAYMENT OF WAGES.......................................................... 6
PAYROLL RECORDS........................................................... 6
PENSION................................................................... 9
PLANT REMOVAL............................................................ 12
RECOGNITION............................................................... 1
REST AND WASH-UP TIME..................................................... 8
SAFETY PROVISIONS........................................................ 14
SAVING CLAUSE............................................................ 14
SENIORITY AND PROMOTIONS.................................................. 5
SHOP XXXXXXX AND COMMITTEEMEN............................................. 8
SOAP, TOWELS AND SANITARY CONDITIONS...................................... 8
STRIKE AND LOCKOUT........................................................ 6
TELEPHONE................................................................. 8
TERMINATION.............................................................. 14
TOOLS AND MATERIALS....................................................... 6
UNION SECURITY............................................................ 1
VACATIONS................................................................ 11
VISITATION................................................................ 6
WAGES.................................................................... 10
ii
AGREEMENT MADE AND ENTERED into as of the 22nd day of January, 1997, by and
between HAUPPAUGE RECORD MANUFACTURING CO., A WHOLLY OWNED SUBSIDIARY OF
ALLIED DIGITAL TECHNOLOGIES CORP. - HTM, at 00 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx
Xxxxxx, Xxx Xxxx 00000-0000, hereinafter referred to as the "EMPLOYER", and
LOCAL 810, STEEL, METALS, ALLOYS AND HARDWARE FABRICATORS AND WAREHOUSEMEN,
affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, located at 00 Xxxx
00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, its successors or assigns, hereinafter
referred to as the "UNION".
W I T N E S S E T H:
--------------------
WHEREAS, the parties hereto desire to establish the standards and conditions
of labor under which the employees shall work for the Employer during the term
of this Agreement; and
WHEREAS, it is the intent and purpose of the parties that this Agreement shall
promote and improve the industrial and economic relations between them, and to
set forth herein their Agreement covering rates of pay, hours of work and
conditions of employment;
NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein contained, the parties agree as follows:
ARTICLE I
---------
RECOGNITION AND BARGAINING UNIT
-------------------------------
The Employer recognizes the Union as the sole and exclusive collective
bargaining agent for all employees in all shops of the Employer with respect
to rates of pay, wages, hours of employment and other conditions of
employment, excepting office an clerical employees and those excluded by the
Act.
ARTICLE II
----------
UNION SECURITY
--------------
A. It shall be a condition of employment that all employees of the Employer
covered by this Agreement who are members of the Union in good standing on the
execution date of this Agreement shall remain members in good standing and
those who are not members on the execution date of this Agreement shall, on or
after the thirtieth (30th) day following the execution date of this Agreement,
become and remain members in good standing in the Union. It shall also be a
condition of employment that all employees covered by this Agreement and hired
on or after its execution date shall, on or after the thirtieth (30th) day
following the beginning of such employment, become and remain members in good
standing in the Union.
B. The first thirty (30) days of employment for a newly-hired employee shall
be considered the probationary period.
C. All employees employed for a period of thirty (30) calendar days shall
become permanent employees.
ARTICLE III
-----------
CHECKOFF OF DUES
----------------
The Employer agrees that during the full term of this Agreement and any
extension of renewal thereof, he will deduct monthly from the earnings of
employees who have so authorized, in writing, and in accordance with the
provisions of said authorization, membership dues and initiation fees and
remit same to the Union. The remittance shall be accompanied by a list showing
individual names and amounts deducted. The total deductions shall be made not
later
than the fifteenth (15th) day of the same month. The Union shall advise the
Employer of the amount of the initiation fees and dues and the manner the same
shall be deducted.
ARTICLE IV
----------
HIRING HALL
-----------
The Employer will notify the Union by telephone, confirmed in writing, by
letter, to be mailed on the same day, of all requirements for new help. The
Union agrees to furnish applicants, whenever possible, through its hiring
hall, which is maintained for both members of the Union and non-members of the
Union at its offices at 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx. The Employer
retains the right to reject any job applicant referred by the Union. This
provision is not to be deemed or interpreted to be a requirement for a closed
shop, as the hiring hall maintained by the Union, as aforesaid, is available
to both Union and non-Union applicants for jobs, and the selection of
applicants for referral to jobs is on a non-discriminatory basis and is not
based upon, or in any way affected by Union membership, by-laws, regulations,
constitutional provisions or any other aspect or obligation of Union
membership, policies or requirements.
All newly-hired help shall obtain a referral card from the Union, and such
referral cards shall be issued without regard to membership or non-membership
in the Union and are issued only for the purpose of appropriate record-keeping
and bookkeeping by the Union.
ARTICLE V
---------
HOURS AND OVERTIME
------------------
The work week shall be from Monday to Friday, inclusive and shall consist of
eight (8) hours in each day. Time and one-half shall be paid for all hours
worked in excess of eight (8) hours in any one day, or after forty (40) hours
in any one (1) week, or for any hours worked prior to or after the aforesaid
hours of employment. Time and one-half shall be paid for work performed on a
shift commencing on Saturday and double time for work performed on a shift
commencing on Sunday, except as it applies to employees working on the third
shift, who will receive said premium pay respectively if they work on the days
following Saturday or Sunday. Time and one-half, in addition to holiday pay,
shall be paid for work performed on a shift commencing on a Contract holiday,
except as it applies to the employees working on the third shift, who will
receive said premium holiday pay if they work on the day following a Contract
holiday.
Double time shall be paid for all work performed in excess of ten (10) hours
in any one day. Nothing in this Agreement shall be construed as requiring a
duplication or pyramiding of holiday, Saturday, Sunday or overtime
compensation involving the same hours of work.
The Shop Xxxxxxx shall have preference for overtime work, provided he has the
ability to perform such work.
Weekend Overtime: When the Employer is operating on a five day work week and
finds that it is necessary to staff shifts on Saturdays and/or Sundays, but
does not secure a sufficient number of volunteers from the bargaining units to
work on such Saturdays and/or Sundays, the Employer may utilize temporary
employees and/or non-bargaining unit employees to perform such bargaining unit
work.
As set forth herein, when the Employer finds it necessary to staff shifts on
Saturdays and/or Sundays, and before or after shift hours, such overtime work
will be offered by department, by seniority, provided the employees have the
present ability to perform the available work.
2
ARTICLE VI
----------
NIGHT SHIFT AND TWELVE-HOUR SHIFT
---------------------------------
NIGHT SHIFT: Employees working on a second shift shall be paid ten percent
(10%) above their regular rate of pay. Employees working on a third shift
shall be paid fifteen percent (15%) above their regular rate of pay. The
aforesaid differential shall be paid on all hours for vacations and holidays.
TWELVE-HOUR SHIFT: Upon providing a minimum of two (2) weeks' advance notice
to bargaining unit employees, the Employer shall, with volunteers from the
bargaining units, institute three (3), twelve (12) hour shift work days so as
to provide twenty-four hour per day coverage. The starting times of both the
first and second shifts shall be subject to discussion between the Employer
and the Union.
The staffing of twelve-hour shifts shall be on a voluntary basis. In the event
an insufficient number of bargaining unit employees volunteer to staff the
twelve-hour shifts, the Employer shall blend (combine) bargaining unit
employees having the present ability to do the work, who shall work eight hour
blended shifts.
When an employee is assigned to work a twelve-hour shift, his/her hourly wage
rate shall be increased by 11.1%.
When an employee is assigned to work the second shift, such employee shall
receive an additional 12.5% night differential.
On those occasions where an employee works more than twelve (12) hours in a
given day, such employee shall be paid at the rate of time and one-half for
work performed beyond his/her twelve-hour shift.
When an employee works a fourth shift within a work week, such employee shall
receive his/her shift rate of pay for the first four (4) hours worked and then
shall be paid at the rate of time and one-half the employee's rate of pay for
those additional hours worked. When a fourth or fifth shift within a work week
falls on a Sunday, employees shall be paid at the rate of time and one-half
for all hours worked that day. When a twelve-hour shift falls on a Sunday,
those employees who have agreed to work twelve (12) hour shifts shall have the
first option to work such Sunday shifts. If the Employer finds that there is a
need to utilize additional employees on such Sunday twelve-hour shifts, the
remaining bargaining unit employees, with the present ability to perform the
available work, will be offered the opportunity to work such shifts on a
seniority basis. Those with the greatest seniority shall be offered the
opportunity to work in order of their seniority.
When the Employer concludes that it is appropriate to terminate running on
twelve-hour shifts, the Employer shall afford bargaining unit employees
involved at least two weeks prior notice.
The Employer shall have the sole right to determine which work groups are
required to work twelve-hour shifts to meet competition and customer
requirements.
When employees volunteer to work twelve-hour shifts, overtime provisions
concerning pay for time and one-half after eight (8) hours of work or double
time for work performed after ten (10) hours of work and double time for
Sunday shall not be applicable.
When an employee working twelve-hour shifts performs services after forty (40)
hours, such time shall be paid at the rate of time and one-half of such
employees' twelve (12) hour shift wage rate.
Break-Time: Approximately three (3) hours after the commencement of each
twelve-hour shift, there shall be a (15) minute break period. Approximately
three (3) hours subsequent to the conclusion of such break period, there shall
be a thirty (30) minute meal period. Approximately three (3) hours subsequent
to the conclusion of the meal period, there shall be an additional thirty (30)
minute break period.
3
The bargaining unit employees shall use their best efforts to provide staffing
and coverage on premium days . It is the intent of the parties to distribute
the opportunity to work on premium days as equally as possible among employees
having the present ability to perform the available work. In the event an
employee who commits to work on a premium day fails to report to work on a
premium day, said employee shall be subject to disciplinary action in
accordance with existing attendance guidelines in effect at the time of the
occurrence.
The terms of the "Hours and Overtime" article shall remain as is with respect
to those bargaining unit employees assigned to work eight (8) hour shifts.
ARTICLE VII
-----------
CALL-IN PAY
-----------
Every worker who reports for work is guaranteed a minimum of eight (8) hours
available work or pay. This provision does not relieve the Employer of the
notice of layoff provided for in "ARTICLE XX" herein, except for Acts of God
and breakdown of machinery, wherein this clause is waived.
Each worker who is assigned or committed to work a twelve-hour shift and who
reports for work is guaranteed a minimum of twelve (12) hours available work
or pay.
ARTICLE VIII
------------
NO DISCRIMINATION - EQUAL PAY
-----------------------------
In accordance with applicable law, the Employer and the Union agree not to
discriminate against any individual with respect to hiring, compensation,
terms or conditions of employment because of such individual's race, color,
religion, sex, national origin, pregnancy, disability, handicap or age, nor
will they limit, segregate or classify employees in any way to deprive any
individual employee of employment opportunities because of race, color,
religion, sex, national origin, pregnancy, disability, handicap or age.
The Company and the Union agree that there will be no discrimination by the
Company or the Union against any employee because of his or her membership in
the Union or because of any employee's lawful activity and/or support of the
Union.
Equal pay for equal work shall prevail, regardless of sex. The Employer may
grant individual merit increases after due notification to the Union.
ARTICLE IX
----------
HOLIDAYS
--------
The following shall be holidays for which every permanent employee shall
receive eight (8) hours regular straight time rates without performing any
work, provided, however, that eight (8) hours work is performed during the
holiday week by the employee, except if an employee is laid off within fifteen
(15) days prior to the work day before Christmas and Christmas Day and/or
fifteen (15) days prior to the work day before New Year's and New Year's Day,
they shall be paid for said days.
4
President's Day Election Day
Good Friday Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Work Day before Christmas Day
Labor Day Christmas Day
Columbus Day Work Day before New Year's Day
New Year's Day
If any of the named holidays falls on a Saturday, each employee shall receive
his regular eight (8) hours' straight time rate. If any such holiday falls on
a Sunday, the holiday shall be celebrated on the following Monday.
ARTICLE X
---------
SENIORITY AND PROMOTIONS
------------------------
All employees employed for a period of thirty (30) days shall attain seniority
rights, measured from the first day of employment for the purpose of layoffs
and rehirings. Departmental-wide seniority, with the ability to do the
available work, shall prevail. The Employer, upon signing the contract and
thereafter every six (6) months, shall prepare and deliver to the Union a
seniority list containing the name of each employee, date of employment,
position on the list, classification and wage rate.
It shall be the policy of the Employer to make all promotions from the ranks
of the employees, and the Employer agrees that such principle will be
liberally applied wherever possible.
Temporary transfers of machine operators to general help positions shall be
done on a seniority basis and, more specifically, in reverse order of
seniority.
Temporary transfers of bargaining unit personnel between the three (3)
interrelated entities (HTM, HVM, and HCDM) shall be done in accordance with
seniority and, more specifically, in reverse order of seniority.
If an employee who has been laid off fails to report back to work within five
(5) working days after he is recalled by written notification sent by
registered mail, with a copy to the Union, his employment shall be deemed
terminated.
Laid-off employees shall retain seniority unless such layoff is for an
uninterrupted period of more than one (1) year.
ARTICLE XI
----------
DISCHARGE
---------
Employees can be discharged only for just and proper cause. Before any
employee is discharged the Employer must give one (1) working day's notice, in
writing, to the Union, stating the reason for and the date of the proposed
discharge to enable the Union to intercede on behalf of such employee. The
Employer hereby agrees that it will discuss the matter with the Union. In
cases involving theft or malicious mischief, the Employer may discharge
without prior notice, but shall immediately notify the Union of all of the
facts. This clause shall not be construed as a modification or waiver of any
rights which the Union has under the arbitration provisions of this Agreement.
ARTICLE XII
-----------
DOWNGRADING
-----------
There shall be no downgrading or reduction of the individual wage rates of
employees or the wage ranges covered by this Agreement.
5
The Employer agrees that he will not modify or waive any provisions of this
Agreement with any employee or group of employees. The Employer will not enter
into any contract or agreement with any employee or group of employees without
the written consent of the Union.
ARTICLE XIII
------------
TOOLS AND MATERIALS
-------------------
The Employer will furnish all tools necessary or incidental to the work
without charge to the employees. No employees shall be charged for any damage
to material.
ARTICLE XIV
-----------
PAYMENT OF WAGES
----------------
Wages shall be paid weekly by check for work completed seventy-two (72) hours
prior to pay day except if pay day falls on a holiday, wages shall be paid the
following day. All employees who are laid off, quit or are discharged shall
receive all wages and other benefits which they have earned at the time of
their layoff, or termination. This provision may not be changed without
consent of the Union.
Where it is concluded that an employee has received a weekly paycheck which is
short by four (4) hours or more, the corporate payroll department will make
reasonable efforts to issue an additional check during the course of the same
day that the underpayment is brought to the department's attention.
ARTICLE XV
----------
VISITATION
----------
A representative of the Union shall be permitted to enter the factory of the
Employer, upon notification to the Employer at any time during working hours
to carry out the terms of this Agreement and to ascertain if the terms hereof
are being complied with.
ARTICLE XVI
-----------
PAYROLL RECORDS
---------------
The Employer will keep a set of payroll records which will indicate the number
of hours worked by each individual together with the rates paid to such
employees. These records may be examined by the Union through a representative
or accountant, or both, during business hours.
ARTICLE XVII
------------
STRIKE AND LOCKOUT
------------------
During the term of this Agreement, there shall be no strike, lockout or
slowdown. Employees participating in such strike, or slowdown are subject to
immediate discharge. No employee covered by this Agreement shall be compelled
to cross a picket line authorized by the Union at another Employer's premises
and his refusal to do so shall not constitute a breach of this Agreement.
6
ARTICLE XVIII
-------------
GRIEVANCE AND ARBITRATION
-------------------------
A. Any dispute or grievance between the Employer and its employees or the
Union, growing out of the interpretation or application of any clause of this
Agreement, shall be settled in the following manner:
STEP 1
------
Between a committee person designated by the Union for the area or department
where the grievance arose and a supervisor designated by the Employer. If not
adjusted the grievance should be reduced to writing and submitted to the
office of the Plant manager within five (5) calendar days.
STEP 2
------
Within ten (10) work days after issuance and receipt of written grievance a
meeting shall be scheduled by appointment between the Union and the Employer.
This meeting shall be attended by the Shop Xxxxxxx (or in his or her absence
by a committee person), the Plant Manager or his designee. The grievant shall
have the right at his or her option to attend the meetings in Step 1 and 2,
hereinabove mentioned.
STEP 3
------
If the grievance has not be adjusted in Step 2, it thereafter may be submitted
for arbitration within twelve (12) work days to an Arbitrator designated for
that purpose from a panel by the New York State Employment Relations Board at
the request of either party. The award of said Arbitrator shall be final and
binding upon all parties, even though one of the parties shall fail to appear,
and such award shall be enforceable in any court of competent jurisdiction.
The fees of the Arbitrator shall be borne equally by the parties.
B. It is understood and agreed that question involving changes in or additions
to the terms and provisions of this Agreement shall not be subject to the
foregoing grievance procedure or to Arbitration.
C. Nothing herein contained shall be construed as depriving the parties herein
of the right to initiate and process a grievance directly with each other, and
thereafter to utilize the arbitration procedure of this paragraph.
D. All meetings and discussions pertaining to disputes or grievances shall
take place during working hours on Company time and on Company premises. The
Employer shall not be required to pay for time lost from work due to
arbitration hearings.
ARTICLE XIX
-----------
LEAVE OF ABSENCE
----------------
Employees are entitled to leaves of absence not exceeding one (1) year for
good cause. Such leaves of absence shall be granted for, but not confined to,
restoration of health, medical, dental or other treatment, maternity leave or
employment by the Union, and shall not prejudice seniority status. Notice of
request for leave shall be given to the Employer in writing, and if taken, the
Employer shall notify the Union, in writing, to that effect.
7
ARTICLE XX
----------
NOTICE OF LAYOFF
----------------
A layoff shall not be effective against employees employed for over three (3)
calendar months unless two (2) working days' advance notice in writing,
thereof is given to the employee or employees affected and a copy of such
notice delivered to the Union.
ARTICLE XXI
-----------
BULLETIN BOARD
--------------
The Employer shall provide bulletin boards for the exclusive use of the Union
and cause the same to be placed on the Employer's premises at places agreed
upon by the parties.
ARTICLE XXII
------------
SHOP XXXXXXX AND COMMITTEEMEN
-----------------------------
The Union shall designate a Chief Shop Xxxxxxx who shall serve as such with
respect to the three (3) interrelated entities (HTM, HVM and HCDM). In
addition, the Union shall designate two Alternative Shop Stewards who will
assist the Chief Shop Xxxxxxx and the Union in carrying out the interests and
purposes of this Agreement. The Chief Shop Xxxxxxx and each of the two
Alternate Shop Stewards shall be entitled to top seniority for the purposes of
layoff and recall only.
ARTICLE XXIII
-------------
TELEPHONE
---------
A telephone shall be made available to the Shop Xxxxxxx for the purpose of
communicating with the Union.
ARTICLE XXIV
------------
SOAP, TOWELS AND SANITARY CONDITIONS
------------------------------------
The Employer agrees to supply adequate soap and towels for its employees
without cost to the employees. The Employer will exercise all effort in order
to help maintain such sanitary conditions.
ARTICLE XXV
-----------
REST AND WASH-UP TIME
---------------------
Employees shall be allowed two (2) ten minute rest periods, one before lunch,
the other after lunch, without loss of pay. Each employee shall receive five
(5) minutes wash-up time at the end of the day without loss of pay. In
addition, employees who work two (2) hours or more overtime shall receive an
additional ten (10) minute rest period.
ARTICLE XXVI
------------
HEALTH AND WELFARE
------------------
Effective and retroactive to January 22, 1997, the Employer agrees to pay
eight and one-quarter percent (8 1/4%) of the gross wages of each of the
employees, regular as well as probationary, covered by this Agreement, said
gross wages
8
to include overtime, incentive and bonuses of any kind and nature, to the
United Wire, Metal and Machine Health and Welfare Fund. Effective January 22,
1998, the contribution shall be increased to eight and one-half (8 1/2%)
percent per month, per employee, and effective January 22, 1999, the
contribution shall be increased to eight and three-quarters (8 3/4%) percent
per month, per employee.
Payments are to be made monthly and to be accompanied by a written list
showing the name of the employee, his shop number or classification, his
weekly wages and the amount of contribution. Such payment must be made by the
fifteenth (15th) of the month following the month for which payment is to be
made. Contributions to the Fund shall be held, managed and administered in
accordance with the current Trust Indenture, or as amended hereafter, of the
said United Wire, Metal and Machine Health and Welfare Fund, the terms of
which the Employer hereby ratifies. The Employer agrees to furnish to the Fund
all records pertaining to the names of employees whose services are
terminated, and such other information as may be required by any underwriting
insurance company or by the Fund for the proper administration thereof. The
payroll and other pertinent records of the Employer may be examined by the
Union or by the Fund, or their representatives, at reasonable hours, on
demand.
It is expressly understood and agreed that the contributions to the United
Wire, Metal and Machine Health and Welfare Fund as herein provided shall not
obligate the said Fund to provide the coverage required by the New York State
Disability Benefits Law. The said required benefits shall be provided
independently by the Employer without any deductions from, or contributions
by, the employees.
It is expressly agreed that the Union and/or the United Wire, Metal and
Machine Pension Fund shall have the right to cover its or their employees in
the United Wire, Metal and Machine Health and Welfare Fund, but neither the
Union nor the Pension Fund shall participate in the selection of
Employer-Trustees of the United Wire, Metal and Machine Health and Welfare
Fund. The Welfare Fund may provide coverage for its own employees.
The Employer must, within ten (10) days of any layoff, recall, discharge,
death or other change of status, including family status, notify the Welfare
Fund so appropriate notice, if required by COBRA, may be sent.
ARTICLE XXVII
-------------
PENSION
-------
The Employer agrees to contribute on or before the tenth (10th) day of each
month to the United Wire, Metal and Machine Pension Fund the sum of Thirteen
Dollars ($13.00) per week for each employee on the payroll, regular and
probationary, covered by this Agreement.
Effective December 22, 1999 the Employer agrees to contribute Fourteen Dollars
($14.00) per week for each employer on the payroll regular and probationary.
The contributions to the Fund shall be held, managed and administered in
accordance with the current Trust Indenture, or as amended hereafter, of the
said United Wire, Metal and Machine Pension Fund, the terms of which the
Employer hereby ratifies.
The Employer agrees to furnish to the Fund all records pertaining to the
employees which may be required by the Fund for the proper administration
thereof, and the payroll and other pertinent records of the Employer may be
examined by the Union or the Fund, or their representatives, at reasonable
hours, on demand.
It is expressly agreed that the Union and/or the United Wire, Metal and
Machine Health and Welfare Fund shall have the right to cover its or their
employees in the United Wire, Metal and Machine Pension Fund, provided that
the Union and/or the United Wire, Metal and Machine Health and Welfare Fund
shall make contributions to the said Fund, but neither the Union nor the
United Wire, Metal and Machine Health and Welfare Fund shall participate in
the selection
9
of Employer-Trustees of the United Wire, Metal and Machine Pension Fund. The
Pension Fund may provide coverage for its own employees.
ARTICLE XXVIII
--------------
ANNUITY
-------
Upon certification of the Fund's actuary that the monies are not necessary to
provide the welfare benefit, the Union is authorized to direct payment of the
Welfare Fund percentage, or part thereof, to the United Wire, Metal and
Machine Pension Fund, or a separate annuity fund, at the discretion of the
Trustees, to provide an annuity account payment for each member of the
bargaining unit. The Trustees may establish uniform rules for vesting and
other requirements.
It is agreed and understood that the Employer, during the life of this
Agreement, shall not be required to pay any sums to the annuity plan or
Welfare Fund in excess of this percentage.
ARTICLE XXIX
------------
ENFORCEMENT OF WELFARE AND PENSION CONTRIBUTIONS
------------------------------------------------
In the event the Employer is delinquent in payment of contributions provided
herein to be made to the United Wire, Metal and Machine Health and Welfare
Fund and the United Wire, Metal and Machine Pension Fund, or of dues and/or
initiation fees to the Union, the Employer shall pay interest on the sums so
due at the rate and under such rules as established by the Trustees of the
Fund.
In the event the Employer defaults in the payment of the contributions to the
United Wire, Metal and Machine Health and Welfare Fund or to the United Wire,
Metal and Machine Pension Fund, enforcement thereof may be had by either the
Union or by the Trustees of the Fund, in which event the Employer shall pay,
in addition, to the amount due, reimbursement for all costs and expenses
incurred by the Union or by the Trustees of the Fund, in arbitration suit or
accountant's or auditor's fees, disbursements and interest as specified above.
In the event the Employer defaults in the payment of the contributions herein
provided to be made to the United Wire, Metal and Machine Health and Welfare
Fund, or to the United Wire, Metal and Machine Pension Fund, the Union may
authorize a work stoppage.
Notwithstanding any other provision of this Agreement relating to arbitration,
the parties specifically agree that any claim made by the Union for failure by
the Employer to pay contributions to the United Wire, Metal and Machine Health
and Welfare Fund or to the United Wire, Metal and Machine Pension Fund, or for
failure to pay initiation fees and/or dues to the Union, may be submitted upon
three (3) calendar days notice to arbitration as hereinabove provided to the
Impartial Chairman as designated by the Trustees of the Funds.
ARTICLE XXX
-----------
WAGES
-----
A. All Employees of HTM employed as of January 22, 1997 shall receive an
increase of four percent (4%) an hour, which wage increase shall amount to no
less than twenty-five cents (25(cents)) per hour, retroactive to January 22,
1997.
B. Effective January 22, 1998 all employees of HTM shall receive an increase
of four percent (4%) of their individual rates, which wage increase shall
amount to no less than twenty-five cents (25(cents)) per hour.
10
C. Effective January 22, 1999 all employees of HTM shall receive an increase
of three and one-half percent (3 1/2%) of their individual rates, which wage
increase shall amount to no less than twenty-five cents (25(cents)) per hour,
plus C. of L., if any, effective January 22, 1999.
All employees employed on or after January 22, 1997, shall receive rates no
less than the applicable rates specified in Schedule "A" annexed hereto, and
made a part of this Agreement.
If new classifications, unrelated to the classifications provided in said wage
rate Schedule "A" are introduced by the Employer during the life of this
Agreement such new classifications shall be negotiated. In the event the
parties hereto fail to agree, the matter shall be submitted to arbitration in
accordance with the Arbitration provisions provided for in the Agreement.
ARTICLE XXXI
------------
VACATIONS
---------
Paid vacations shall be given to employees in accordance with the following
schedule.
Vacation
Length of Service --------
----------------- 5 days
12 months 6 days
12-15 months 7 days
15-18 months 8 days
18-21 months 9 days
21-24 months 10 days
24 months to 5 years 14 days
5 years to 6 years 16 days
6 years to 10 years 17 days
10 years to 15 years 19 days
15 years or more
Said vacations shall be computed as of the contract date (January 22nd) in
accordance with a vacation schedule to be mutually agreed upon by the Union
and the Employer.
An employee who has worked for a period of seven (7) months from January 22nd,
during the vacation year shall be entitled to his full vacation. It is
distinctly understood and agreed that the purpose of this paragraph is that
seven (7) months' work be considered the equivalent of one (1) year for the
purposes of full vacation pay.
An employee shall receive an extra day's vacation or shall be paid an extra
day's pay for a paid holiday which falls within his vacation period.
It is agreed that the vacation provided for herein shall be deemed for
employees employed for seven (7) months or more wages earned during each month
of the year and accumulated as deferred wages and payable to said employee or
his heirs immediately upon the earliest of any of the following occurrences:
a. The last working day prior to vacation.
b. Death.
c. Cessation of plant operations, sale, transfer or removal of
the business or discontinuance of operation by the Employer
for any reason.
11
d. Thirty (30) days after an employee's employment is
terminated for any reason whatsoever except terminated for
cause.
This provision is intended to preserve the preferential rights of the
employees and not to create, alter, modify or eliminate any rights of the
employees under the applicable Unemployment Insurance Statute.
ARTICLE XXXII
-------------
ASSIGNMENT OF CONTRACT
----------------------
The parties agree that this Contract may be assigned by the Union to a
successor Union, and such assignment shall be binding upon the Employer
immediately upon the giving of notice by registered mail to that effect, in
which event the successor Union shall be the beneficiary of all the terms,
conditions and covenants hereof and assume all obligations hereunder.
The Employer agrees that this Contract and any assignment thereof shall be
binding upon his successor and assigns, regardless of the name or entity under
which such successors and assigns may conduct business.
ARTICLE XXXIII
--------------
COST OF LIVING
--------------
A cost of living adjustment will be determined in accordance with the changes
of the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers,
issued by the Bureau of Labor Statistics of the U.S. Department of Labor,
between said Index as of December 1997 and December 1998.
If as of December 1998, the Index shows a rise of over two (2) points between
December 1997 and December 1998, each employee in the bargaining unit who is
employed on January 22, 1999, shall receive One Cent ($.01) per hour for each
point of such excess, or part thereof, effective January 22, 1999.
ARTICLE XXXIV
-------------
JURY DUTY
---------
In the event a non-probationary employee is called for and reports for Jury
Duty, he shall be paid for time necessarily lost because of Jury Duty, the
difference between his regularly scheduled shift hours (less any regularly
scheduled shift hours actually worked on the day involved) times his payroll
rate and the daily jury fee paid by the Court. In order to receive payment
under this provision, an employee must give the Company seven (7) days prior
notice that he has been summoned for Jury Duty and furnish satisfactory
evidence from the Commissioner of Jurors or the Court of jurisdiction that
jury duty was performed on the day or days for which he claims such payment.
For the purposes of this provision "regularly scheduled shift hours" are
limited to a maximum of eight (8) hours per day. The provisions herein are not
applicable to an employee who, without being summoned, volunteers for Jury
Duty.
ARTICLE XXXV
------------
PLANT REMOVAL
-------------\
In the event the plant of the Employer is moved thirty-five (35) miles or more
from the present location, the Employer shall pay to employees with three (3)
years or more of seniority as well as those employees with three (3) years or
more seniority who are on layoff or leave of absence for six (6) months or
less at the time the plant permanently shuts down its operations at is present
location and who do not choose to work at the new location, severance pay in
accordance with the following formula:
12
Years of Service Severance Pay
---------------- -------------
3 years but less than 5 years 80 hours pay
5 years but less than 7 years 120 hours pay
7 years but less than 10 years 160 hours pay
10 years or more 200 hours pay
Employees who choose to follow their job to a new location shall not suffer
reduction in pay or benefits.
ARTICLE XXXVI
-------------
PAID SICK LEAVE
---------------
A. Employees who are employed one (1) year but less than two (2) years as of
January 21 during the terms hereof shall be entitled to two (2) days paid sick
leave at eight (8) hours straight time during the Contract year.
B. Employees who are employed two (2) years but less than three (3) years as
of January 21 during the term hereof shall be entitled to four (4) days' paid
sick leave at eight (8) hours straight time during the Contract year.
C. Employees who are employed three (3) years but less than five (5) years as
of January 21 during the term hereof shall be entitled to five (5) days' paid
sick leave at eight (8) hours straight time during the Contract year.
D. Employees who are employed five (5) years or more as of January 21 during
the term hereof shall be entitled to six (6) days paid sick leave at eight (8)
hours straight time during the contract year.
E. Employees who complete one (1) year, two (2) years, three (3) years or five
(5) years of service during the Contract year shall have their sick leave
allotments pro-rated to the nearest January 21.
F. Unused sick leave shall be paid at the end of each Contract year.
ARTICLE XXXVII
--------------
MOURNING PERIOD
---------------
Each employee shall be entitled to three (3) days mourning period with full
pay for each occurrence for lost time in the event of a death in his immediate
family. Immediate family shall consist of spouse, children, father, mother,
sister, brother, grandparent, mother-in-law, father-in-law or grandchildren.
ARTICLE XXXVIII
---------------
GENERAL PROVISIONS AND EFFICIENCY TO MEET COMPETITION
-----------------------------------------------------
A. There shall be no discrimination against any employee because of his acting
as an officer of the Union, Xxxxxxx or Committeeman or because of any other
activities in the interest of the Union.
B. All provisions, conditions and terms of this Agreement shall bind, apply to
and inure to the benefit of the respective parties, their successor, assignees
or transferees.
C. A permanent employee who engages in any production or maintenance work must
become a member of the Union pursuant to "ARTICLE II" of this Agreement.
13
D. The parties hereto realize that it is to their mutual interest to maintain
the Company in a competitive position in the Industry and there shall be no
limitation on production by any of the employees nor shall the output of any
present or newly installed machine be restricted.
E. The Company shall have the right to determine the size of the working
force, and all layoffs and reductions in staff shall be in the Company's
discretion, except as limited by the express provisions of this Contract.
F. The Company may continue and may from time to time make such work rules and
changes as it may deem necessary and proper for the conduct of its business,
provided that the same are not inconsistent with any of the express provisions
of this Agreement.
ARTICLE XXXIX
-------------
LABOR MANAGEMENT COMMITTEE
--------------------------
A Labor-Management Committee is to be maintained for the purpose of promoting
good management-labor relations, improving efficiency, curtailing absenteeism,
promoting safety conditions and good sanitary conditions.
ARTICLE XL
----------
SAFETY PROVISIONS
-----------------
The Employer agrees to institute appropriate programs to assure that first aid
kits are properly maintained.
ARTICLE XLI
-----------
TERMINATION
-----------
This Agreement shall be effective from January 22, 1997 until midnight of
January 21, 2000, and thereafter from year to year, unless either party shall
notify the other by certified mail at least sixty (60) days prior to the end
of the current term, or as the case may be, sixty (60) days prior to the end
of any additional Contract year, of an intention to make changes in or
terminate this Agreement.
Negotiations for a new Contract, as herein provided, shall be on the
Employer's time and employees engaged in such negotiations shall suffer no
loss of pay.
Grievance or other claims existing at the time of the termination of this
Contract shall survive such termination and shall be enforceable pursuant to
"ARTICLE XVIII", hereof.
ARTICLE XLII
------------
SAVING CLAUSE
-------------
In the event that any Federal or State Legislation, governmental regulations
or court decisions cause invalidation of any Article or Section of this
Agreement, all other Articles and Sections not so invalidated shall remain in
full force and effect.
Upon a clause being so invalidated, the parties to this Agreement shall meet
in order to negotiate a replacement of no less than equal value of the clause
so invalidated. If the parties fail to reach an agreement as to a replacement
clause, the matter may be submitted to arbitration as provided for in this
Agreement.
14
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed as of the date first above indicated.
HAUPPAGE RECORD MANUFACTURING CO.,
A WHOLLY OWNED SUBSIDIARY OF
ALLIED DIGITAL TECHNOLOGIES CORP. - HTM
Recommended By:
By:
---------------------------------- ----------------------------------
Xxxxx Xxxxxxx, Delegate
LOCAL 810, STEEL, METALS, ALLOYS AND
HARDWARE FABRICATORS AND
Committee: WAREHOUSEMEN, affiliated with
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS.
----------------------------------
By:
----------------------------------
---------------------------------- Xxxxx Xxxxx, President
----------------------------------
----------------------------------
----------------------------------
----------------------------------
----------------------------------
----------------------------------
----------------------------------
15
HTM
---
SCHEDULE "A"
------------
THROUGH THE PERIOD ENDING JUNE 30, 1997:
----------------------------------------
After
Starting Probationary
Classification Rate Period
---- ------
General Help 5.15 5.30
Machine Operator 5.25 5.50
General Helpers promoted to Machine Operator shall receive twenty-five cents
(25(cents)) after thirty (30) days.
EFFECTIVE JULY 1, 1997:
After
Starting Probationary
Classification Rate Period
---- ------
General Help 5.25 5.40
Machine Operator 5.35 5.60
General Helpers promoted to Machine Operator shall receive twenty-five cents
(25(cents)) after thirty (30) days.
16
