Exhibit 10.20
TABLE OF CONTENTS
ARTICLE PAGE
I RECOGNITION 1
II UNION SHOP 1
III NON-DISCRIMINATION 2
IV CHECK - OFF 2
V MANAGEMENT 2
VI PLANT VISITATION 3
VII BULLETIN BOARD 3
VIII WAGES 3
IX HOURS OF WORK AND OVERTIME 4
X UNION REPRESENTATION 5
XI GRIEVANCE PROCEDURE AND ARBITRATION 6
XII STRIKES AND LOCKOUTS 7
XIII INSURANCE 7
XIV HOLIDAYS 8
XV VACATIONS 8
XVI SENIORITY 10
XVII MISCELLANEOUS 14
XVIII PENSION PLAN 16
XIX SAFETY & HEALTH 16
XX DURATION 17
SIGNATURES 18
APPENDIX A - HOURLY WAGE RATES 00-00
XXXXXXXX X - HEALTH PLAN COVERAGE 00-00
XXXXXXXX X - DENTAL PLAN 27
AGREEMENT
THIS AGREEMENT, entered into the 18th day of February 1995, by and between
XXXXXX DISTRIBUTION, "its successors or assign, Mechanicsburg, Pennsylvania,
(hereinafter referred to as the "Company") and the UNITED STEEL WORKERS OF
AMERICA, AFL-CIO-CLC, on behalf of LOCAL #7415 (hereinafter called the "Union").
WITNESSETH:
That in consideration of the mutual and reciprocal promises of the parties
hereto, the parties convenant and agree as follows:
Section 1
PURPOSE:
The purpose of this Agreement is to provide orderly collective bargaining
relations to secure prompt and equitable disposition of grievances, to maintain
a harmonious relationship between the Union and the Company. Further, in such
connection, the Union and the employees pledge their full efforts to cooperate
with the company in the achievement of a high level of efficiency and in
establishing and maintaining sound working practices throughout the Plant.
Section 2
It is agreed that this written contract reflects the entire Agreement between
the parties. Amendments of clarification of this Agreement mutually agreed upon
shall be reduced to writing, attached to, and shall become a part of this
contract.
ARTICLE I - RECOGNITION
Section 1
The Company recognizes the Union as the sole and exclusive Collective Bargaining
Agent for purposes of collective bargaining in regard to wages, hours and other
terms and conditions of employment for all production and maintenance employees
and truck drivers, but excluding all supervisory personnel, office clerical and
guards.
ARTICLE II - UNION SHOP
Section 1
It shall be a condition of employment that all employees of the Company covered
by this Agreement who are members of the Union in good standing on the effective
or execution date of this Agreement, whichever is the later, shall remain
members in good standing and those who are not members on the effective or
execution date of the agreement, whichever is the later shall on the thirtieth
(30th) day following the effective or execution date of this Agreement, whichev-
er is the later, 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 effective or execution date, whichever is
the later, shall on the thirtieth (30th) day following the beginning of such
employment become and remain members in good standing in the Union.
ARTICLE III - NON-DISCRIMINATION
Section 1
The provisions of this Agreement shall be applied by the Company and the union
without discrimination with regard to age, race, color, creed, sex, handicap,
national origin, or religion, with respect to selection, placement, Union
Membership, training, promotion, wage rates and other conditions of employment.
Wherein the text of this Agreement, words of masculine gender are used, they
shall be interpreted to denote either masculine or female gender.
ARTICLE IV -CHECK-OFF
Section 1
The membership dues, including initiation fees and assessments of United
Steelworkers of America, AFL-CIO-CLC, as authorized and approved by the National
Administrative Officers of the Union shall be checked off the wages of such
employees as file proper assignments with the Company and shall be remitted by
the Company to United Steelworkers of America, AFL-CIO-CLC, x/x Xxxxxxxxx, Xxxx
Xxxxxxx Xxxxxx - Xxxxxxxxxx, Xxxxxxxxxxxx 00000. In the case of the Union's
prescribed initiation fee, the employer shall deduct upon completion of thirty
(30) days and submittal of properly prepared deduction authorization fifty
percent (50%) during the first week following the thirty (30) day period, fifty
percent (50%) during the second week.
Such remittance shall be accompanied by an itemized statement showing the name
of each employee and the amount checked off for dues, initiation fees or
assessment.
Section 2
The Union shall indemnify and save the Company harmless against any and all
claims, demands, suits, or other forms of liability that shall arise out of, or
by reason of action taken or not taken by the company, in reliance upon
authorized cards furnished by the Union to the Company, or for the purpose of
complying with any of the provisions of this Article.
Section 3
Pursuant to the rules and regulations of the United Steelworkers of America,
AFL-CIO-CLC, no assessments may be levied by a local Union against its members
without the approval of the International office of the Union
ARTICLE V - MANAGEMENT
Section 1
The right to hire, promote, transfer, discharge or discipline for just cause,
and to maintain discipline and efficiency of employees, the determination of
type of products to be manufactured, the location of plants, the planning and
scheduling of production, the methods, processes and means of manufacturing are
the sole responsibility and prerogative of the Company, except as otherwise
provided in this agreement.
ARTICLE VI - PLANT VISITATION
Section 1
Authorized representatives of the International Union shall be permitted to
visit the plant or operations of the Company during working hours. The
representative will notify the Company prior to entering the plant or operation,
but such permission will not be granted if such visitation would result in
interference with production in the judgment of the management.
ARTICLE VII - BULLETIN BOARDS
Section 1
The Company agrees to furnish a Bulletin Board located near the time clock for
the use of the Union in posting official union notices restricted to Union
meetings, Union elections, and results, thereof, and the Union's social affairs.
All other notices shall be signed by an official of the Union and be approved by
the Management before posting.
ARTICLE VIII - WAGES
Section 1. Rates of Pay
A wage schedule setting forth the rates of pay of the various classifications
shall be attached hereto and made a part of this Agreement. The wage schedule
shall be known as "Appendix A."
Section 2. New Classifications
In the event the Company installs machinery or equipment or creates jobs
different from those set forth in the Schedule attached hereto, the Company
agrees to meet with the Union in order to classify and set rates to be paid in
connection with said new machinery and equipment or new jobs.
Section 3. Shift Differential
All employees working on the second shift shall be paid twenty-five ($0.25) per
hour in addition to their regular rate. All employees working on the third
shift shall be paid thirty cents ($0.30) per hour in addition to their regular
rate.
Section 4. Call -In Pay
When an employee is called in to work at any time other than his regularly
designated or scheduled shift, he shall be given no less than four (4) hours
work at straight time or, if such work does not extend four (4) hours, he
nevertheless shall be paid for four (4) hours work at straight time.
Section 5. Reporting Pay
Employees ordered to report to work and who do so report, and who are not
offered work shall be paid four (4) hours straight time pay, except where they
cannot be provided with work by reason of bad weather, breakdown of machinery or
other conditions beyond the Company's control. Failure to notify an employee
not to report to work shall be considered as an order to report to work.
The Company will notify employees by local TV. station, Channel 8 and/or radio
station FM-93.5 when above conditions develop which are beyond their control.
Section 6. Temporary Transfer
Any employee may be temporarily transferred to another job without adjustment of
rate but an employee transferred for more than one (1) week will be paid the
rate of the job to which the employee is assigned with such payment being
retroactive to the first hour of the temporary assignment. For purposes of this
Article, one (1) week is as defined in Article IX - Hours of Work and Overtime -
Paragraph 1.
If an employee is transferred to a lower rated job and his rate is reduced in
accordance with the above, such employee upon being returned to his former job
will receive his old job rate immediately.
ARTICLE IX - HOURS OF WORK AND OVERTIME
Section 1
The work week of all employees shall consist of six (6) consecutive work days
beginning at 12:01 a.m. Monday and ending at 12:00 midnight of the next
following Saturday.
Section 2
Eight (8) hours shall constitute a normal day's work and forty (40) hours a
normal week's work. This is not to be construed as a guarantee of hours to be
worked.
Section 3
The Company will not reduce the normal forty (40) hour work week when there are
temporary or probationary employees still working. Such reduction in hours
shall be discussed with the Union in advance and shall be confined to production
or business difficulties that are expected to be short term.
Section 4
All time worked by an hourly paid employee in excess of eight (8) hours in any
work day, or in excess of forty (40) hours in any work week shall be paid for at
the rate of time and one-half.
Section 5
Time and one-half shall be paid for all hours worked on Saturday. If the
employee was off during the work week for personal reasons the time worked on
Saturday equal to the time taken off will be paid at the straight time rate.
Section 6
Double the regular hourly rate shall be paid for all work performed on Sunday or
holidays, except for the regularly scheduled night loading whose work begins or
extends into Sunday or holiday.
Section 7
All work performed on the seventh consecutive day worked in any work week shall
be paid for at double the regular rates of pay. Days on which the employee is
prevented from working by action of the employer, shall be counted as days
worked in determining the sixth and seventh consecutive day. Vacation days
shall be counted as days worked in determining the sixth and seventh consecutive
day.
Section 8
An employee shall not be paid both daily and weekly overtime premium pay for the
same hours worked. Neither shall there be duplication of premium pay for
Sundays and Holidays.
Section 9
The Company will endeavor to divide overtime work, other than in emergencies,
equally among the employees regularly assigned to such work. Employees who
decline voluntary overtime shall have such offered overtime credited as if they
had worked.
Section 10
Employees having worked overtime shall not be required to lay-off to equalize
their overtime compensation.
Section 11
If an employee is absent for three consecutive working days without proper
notification to the management, he shall be subject to discharge unless
satisfactory reason for his absence is given upon his return.
ARTICLE X - UNION REPRESENTATION
Section 1
For purposes of collective bargaining and the orderly processing of grievances
as required by the terms of this agreement the Union shall be represented by
Unit Chairperson, Unit Secretary, and Unit Griever. The Union shall provide the
Company with written current information identifying the Local Committee
members.
Section 2
Members of the Local Committee investigating or adjusting grievances or engaged
in collective bargaining with the Company during their working hours shall be
paid as in the past.
Section 3
Any of the elected union officers when delegated or elected to transact business
on matters pertaining to the Union, locally or nationally, shall be granted a
leave of absence without pay with the provision that such leave shall not
constitute a break in the employee's record of continuous service. Permission
by the Company shall not be unreasonably denied, but the highest degree of
cooperation shall be extended between the parties in the mutual expediting of
work schedules.
ARTICLE XI - GRIEVANCE PROCEDURE AND ARBITRATION
Section 1
Should differences arise between the Company and the Union as to the meaning and
application of this Agreement, there shall be no suspension of work or slowdown
by the employees on account of such differences nor any lockout by the Company,
but an xxxxxxx effort shall be made to settle such differences promptly by the
following methods of procedure:
Section 2
First: Between the aggrieved employee and the Supervisor of the Department
involved or a member of management within three (3) days of the event. A Local
Committee member may accompany the aggrieved employee.
Section 3
Second: The Grievance shall be reduced to writing and may be taken up by the
members of the Local Committee, designated by the Union and the Supervisor of
the Department or member of Management.
Section 4
Third: Between the representatives of the International Union, Local Committee
and the Representatives of the executives of the Company. Management decisions
under Grievance procedure outlined in Step 1 above will be made within two (2)
working days after the 1st Step Meeting. The decision of Management at the 2nd
Step and 3rd Step will be made in writing within five (5) working days after the
2nd and 3rd Step Meetings, respectively. In the event the Union fails to appeal
the decision of management within five (5) working days from the date of receipt
of such decision in any one of these steps, a Grievance shall be considered as
settled on the basis of the company's answer.
Section 5
Fourth: In the event the dispute shall have not been satisfactorily adjusted
within ten (10) working days after the Step 3 Meeting, the matter may be
submitted upon the written request of either party to an Arbitrator selected
through the Mediation and Conciliation Service of the United States or the
American Arbitration Association.
Section 6
Fifth: Arbitrator: The Union shall have the right to refer to an Arbitrator
any difference, grievance, or dispute involving the interpretation and
application of this Agreement which has not been satisfactorily adjusted by
means of the foregoing procedure.
The authority of any Arbitrator under this Article shall be confined to a
determination of the rights the parties have or do not have by virtue of this
Agreement and no Arbitrator shall have a right to add to or to take from or in
any manner alter or change the terms of this Agreement.
The Arbitrator must be present to act upon any matter submitted for arbitration;
the Arbitrator shall render his award in writing within thirty (30) days from
the date on which the difference, grievance or dispute is referred to it. His
decision shall be final and binding upon each of the parties hereto.
The expenses of the Arbitrator shall be borne and paid equally by the Union and
the Company.
ARTICLE XII - STRIKES AND LOCKOUTS
Section 1
The Union will not authorize, instigate, condone or permit any strike of any
kind, boycott, work stoppage, slowdown, interruption or impediment of production
or any other type of interference with the Company's business or curtailment of
work during the life of the Agreement. In the event of such a work stoppage,
strike, boycott, picketing, or other curtailment, the Union shall immediately
instruct the involved employees in writing that the conduct is in violation of
this Agreement, that they may be disciplined up to and including discharge and
direct all such persons to cease the offending conduct.
All disputes or differences shall be taken up under the Grievance and
Arbitration procedure of this Agreement.The Company agrees that there shall be
no lockouts during the term of this Agreement
ARTICLE XIII - INSURANCE
Section 1. Life Insurance
The Company shall furnish life insurance and accidental death and dismemberment
insurance to all employees in the bargaining unit in the amount of:
Effective February 19, 1996 $16,000
Effective February 19, 1997 $17,000
Accidental Death and Dismemberment is double the above amounts.
Employees have the option of purchasing supplemental life insurance in a like
amount of Basic and AD & D at $0.24/$1,000/month ($3.60/month 2/19/95,
$3.84/month 2/19/96 and $4.08/month 2/19/97.
Section 2. Accidental/Sickness Benefits
The Company shall furnish accident and health insurance which shall pay to the
employee, the eighth (8th) day of sickness and from the first (1st) day of off
the premises accident of hospitalization, the sum of Two Hundred Five ($205.00)
dollars per week for a period of twenty-six (26) weeks. Two Hundred Ten
($210.00) dollars per week for a period of twenty-six weeks effective February
19, 1996 and Two Hundred Fifteen ($215.00) dollars per week for a period of
twenty-six (26) weeks effective February 19, 1997. This benefit includes truck
drivers, warehouse and shop employees.
Section 3
(a) The Company and the Union have agreed to a program of benefits for
employees in the bargaining unit represented by the Union and covered by this
Agreement.
(b) The insurance program for the employees and their dependents as set forth
in Appendix "B" and "C" attached shall be continued for the life of this
Agreement.
(c) The Company shall provide for the employees in the Unit Medical Insurance
at the Company's expense for the employees only, and shall make available to the
employees, Medical Insurance coverage for the employee's dependents with the
employee contributing to the premium. (See Appendix "B")
ARTICLE XIV - HOLIDAYS
Section 1
Employees shall be paid double time plus straight time for all work performed on
the following holidays: (1) New Year's Day, (2) Memorial Day, (3) Independence
Day, (4) Labor Day, (5) Thanksgiving Day, (6) Christmas Day, (7) the Day prior
to Christmas Day, (8) Good Friday, (9) the first day of deer hunting season,
(10) the employee's birthday. Each such holiday shall be deemed to start at
12:01 AM on the holiday itself, and to end at 12:00 midnight on the same day.
If a holiday falls on a Saturday, it shall be observed on the preceding Friday.
If a holiday falls on a Sunday, it shall be observed on the following Monday.
When employees are not scheduled to work by the Company on any of the
above-mentioned holidays, they shall be paid for that day at their regular rates
(eight (8) hours at their base pay), and this day shall be computed as a day's
work for the computation of the sixth and seventh days worked in any work week.
If a holiday falls during a vacation week, the employee is entitled to the
holiday and shall be paid for the holiday at his regular rate (eight (8) hours
times base pay) in addition to the vacation pay to which he is entitled.
Section 2
Any employee who has completed his probationary period and who has worked his
last scheduled work day preceding and his first scheduled work day succeeding
the holiday shall be entitled to holiday pay for such holiday even though no
work is performed. The requirement that employees work the day before and the
day after the holiday shall be without exception unless excused by the Company
for good cause shown.
ARTICLE XV - VACATIONS
1. Vacations:
a.) All employees who have been continuously in the employ of the Company
for one (1) year but less than four (4) years as of December 31st,
shall be granted a paid vacation of one (1) week and shall receive as
vacation pay, 2% of W-2 earnings excluding premium dollars for the
period, January 1st through December 31st of the prior year. (Minimum
of forty (40) hours vacation pay at the employee's regular
straight-time hourly wage rate.)
b) All employees who have been continuously in the employ of the Company
for four (4) years but less than eight (8) years as of December 31st,
shall be granted a paid vacation of (2) weeks and shall receive as
vacation pay, 4% of W-2 earnings excluding premium dollars for the
period, January 1st through December 31st of the prior year (Minimum
of eighty (80) hours vacation pay at the employee's regular
straight-time hourly wage rate.)
c) All employees who have been continuously in the employ of the Company
for eight (8) years but less than (19) years as of December 31st,
shall be granted a paid vacation of three (3) weeks and shall receive
as vacation pay, 6% of W-2 earnings excluding premium dollars for the
period January 1st through December 31st of the prior year. (Minimum
of one-hundred twenty (120) hours vacation pay at the employee's
regular straight-time hourly wage rate.)
d) All employees who have been continuously in the employ of the Company
for nineteen (19) years or more as of December 31st, shall be granted
a paid vacation of four (4) weeks and shall receive as vacation pay,
8% of W-2 earnings excluding premium dollars for the period January
1st through December 31st of the prior year. (Minimum of one-hundred
sixty (160) hours vacation pay at the employee's regular straight-time
hourly wage rate.)
e) An employee with less than one (1) year of service on January 1st of
the current year but who has actually been at work at some time during
the current vacation period shall be eligible for vacation days as
follows:
Number of Paid
Month of Hire Vacation Days
January 5
February 5
March/April 4
May 3
June 3
July 3
August 2
September 2
October 1
November 1
December 0
Vacation entitlement days under this schedule are not earned nor can
they be taken until after January 1 of the calendar year following
an employee's date of hire.
f) Holiday and vacation hours for which the employees have been paid
shall be counted in computing hours worked in any year. No employee
will receive less than forty (40) hours of vacation pay provided the
employee has worked a minimum of forty (40) weeks for the period
between January 1st through December 31st of the prior year.
Section 2
2. All paid vacations shall be granted during the months January to December
inclusive, in the calendar year in which such vacation is earned unless
otherwise agreed by the Company and the individual employee. Employees
entitled to three (3) weeks or more of vacation shall be required to take
one (1) week of such vacation during the months from December to March.
Section 3
3. Any employee deemed necessary in the operations of the plant, may by mutual
agreement between the employee and the Company, forego his vacation and in
such event, he shall be paid his vacation pay in addition to the pay earned
during the week.
Section 4
(a) All vacations shall be approved in advance by the Company. A schedule
for showing vacation preference shall be posted by the Company by
January 1st. Employees who have expressed their preference for
vacation weeks by the preceding December 22nd shall receive first
consideration; in the event of conflict of preferences, the desires of
the senior employee of employees shall prevail. In all cases,
scheduling of vacations is subject to the requirements for efficiency
of operation.
(b) Employees will have the right to schedule up to five (5) day-at-a-time
vacation days provided they have advanced approval. Additional
day-at-a-time vacation can also be taken with advanced approval,
provided production efficiencies allow.
(c) Single days of vacation may be taken on a sick day provided each such
day taken is approved by the Plant Superintendent or his designee.
(d) Employees with two (2) or more weeks vacation eligibility must
schedule a minimum of one (1) week vacation to be taken in five (5)
consecutive days.
(e) The Company shall determine the number of employees working in each
department who will be permitted to be on vacation during a given work
week.
Article XVI - SENIORITY
Section 1
The Company recognized the principle of seniority, namely, employees having the
greatest time of service in the employment of the Company shall have preference
for advancement, retaining and regaining employment in case of curtailment or
expansion of operations subject to the individual qualifications of the
employees.
Section 2. Lay-Off Recall
(a) Layoffs will be made by inverse order of plant-wide seniority provided
those employees retained have the necessary qualifications to perform
the available work.
(b) Employees will be recalled to work in order of seniority except as
follows:
(1) Deviations from recall by seniority can be made by the Company
only where a junior laid-off employee is qualified for the
available work and no employee on lay-off with more seniority is
qualified to perform the available work.
Section 3
It is understood and agreed that in all cases of promotion, increase or decrease
of personnel or recall after lay-off, seniority shall be determined by
consideration of the following factors:
(a) Ability, efficiency, and qualifications of employee for available work
with the Company.
(b) Physical Fitness.
(c) Length of continuous service.
(d) In considering the availability and qualifications of employees
considered for promotions, no weight will be given to work performed
in the job in which the vacancy occurs to any junior employee for
experience gained in that job while temporarily employed in it.
Where factors (a) and (b) are relatively equal, (c) length of service with the
Company shall govern. Management shall be the judge of the employee's ability.
Any disagreement with the judgment of the Company shall be subject to the
Grievance Procedure.
Section 4
Employees who are laid off for lack of work shall be advised as soon as the
Company is aware of intent to do so.
When employees are called to work or laid off the members of the Local Committee
shall be given the names and order of layoff or recall.
Section 5 Bidding Procedure
(a) The Company agrees to establish a Bidding Procedure whereby an
employee may submit a bid request in writing to a position outside his
present job classification or department.
(1) Window Shop
(2) Steel Door Shop
(3) Wood Door Shop
(4) Warehouse
(5) Truck Drivers
It is understood and agreed that an employee may submit bids on more than
one job classification.
(b) When a position opens, the Company will select an employee to fill
said opening from the submitted bid requests according to the factors outlined
in Section 5, Article XVI - "Seniority".
(c) If an employee is selected to fill an opening and refuses, said
employee is not eligible to apply for any other opening for a period
of six (6) months.
(d) Also, successful transferred employees may not apply for another
transfer for a period of twelve (12) months unless agreed to by the
Company.
(e) If a position opens within a job classification in which no one has
submitted a bid, or in the case of the tractor/trailer position, no
one possesses the required qualifications, the Company may hire from
the outside.
(f) The above procedure does not apply to the lead person classification
whereby the Company has the sole right of selection. If the number of
lead positions exceeds five (5), the Company will discuss the matter
with the Union.
(g) Present employees will be given the opportunity to fill job vacancies
created by the job bid before new employees are hired.
(h) In the case of a job bid the employee shall have a qualifying work
period as follows:
Minimum Maximum
Warehouse and Shop
Position - 5 actual work days 15 actual work days
Lead Person and
Warehouse Leaders 20 actual work days 60 actual work days
The above times may be extended by mutual consent
Section 6 Loss of Seniority
An employee shall lose his seniority and will be taken off the seniority list
if:
1. He quits.
2. He is discharged for cause.
3. Absence from work due to lay off or absence due to bonafide injury or
illness non work related which renders the employee incapable to work
shall retain seniority if the employee returns to work within thirty
consecutive months after the absence commenced or within a period
equal to their seniority which they had when the absence commenced
whichever is shorter.
4. He fails to return to work within three (3) working days after being
notified to return to work and does not give satisfactory reason for
such failure to report.
5. Absence exceeding the period for which a leave of absence has been
granted or extended unless the employee's excuse is satisfactory to
the Company.
6. Absence for three (3) consecutive scheduled working days without prior
notice to the Company.
7. Acceptance of other employment while on leave of absence unless agreed
to in writing by the company.
8. Retirement.
Section 7
Employees may be recalled from lay-off by telephone if mutually agreed to
between the Company and the Union. If an employee is recalled by telephone, a
certified or registered letter will be sent to the last known address furnished
to the Company by said employee. Employee must respond to the Company's notice
within three (3) days from date of mailing unless they are unable to for reasons
beyond their control, it being understood that the laid off employees shall keep
themselves available for recall by the Company.
(1.) Employee must report for work within ten (10) calendar days of mailing
unless other-wise mutually agreed to or beyond the control of the
employee.
(2.) In the event the employee fails to comply with the above listed steps,
the employee shall lose all seniority rights under this Agreement.
(3.) The Company has the right to utilize the next senior laid off employee
during the time period between notifying (phone or mailing) the senior
laid-off employee of recall and their actual reporting date.
(4.) The employee shall be required to furnish the Employer with a current
phone number (if employee has a phone and a current address.)
(5.) The right of an employee to recall shall lapse after thirty (30)
months from the date of lay-off.
Section 8. Seniority Lists
" A copy of an up-to-date seniority list shall be given to the local Union every
six (6) months or twice a year."
Section 9. Warehouse Temperature
The Company agrees to maintain the heat in the warehouse during the cold months
at a minimum of fifty (50) degrees F.
ARTICLE XVII - MISCELLANEOUS
Section 1. Funeral Leave
In case of death in the immediate family of an employee, such employee shall be
given a three (3) day leave of absence to start on such day of death or on the
day following such death as the employee may request. If such leave of absence
is a day or days on which such employee was scheduled to work (or but for the
leave of absence would normally have scheduled to work) at straight time pay,
then such employee, up to said maximum of three (3) days shall be paid eight
hours straight time for work so missed. Hours so paid for while on such leave
of absence shall count as hours worked for purpose of compiling overtime pay.
The phrase "immediate family" as used in this section means and includes the
spouse, parents, children, brother, sister, mother-in-law, father-in-law, step
brother and step sister of the employee.
In the event of a death other than the immediate family (grandparents,
brother-in-laws or sister-in-laws ) the employee shall be given eight (8) hours
of pay to attend the funeral if the funeral falls on a scheduled work day.
Section 2. Legality
In the event that any provision of this Agreement shall at any time be declared
invalid by any court of competent jurisdiction, the decision shall not
invalidate the entire agreement, it being the express intention of the parties
that all other provisions shall remain in full force and effect.
Section 3. Uniforms
The Company agrees to supply three (3) winter uniforms and three (3) summer
uniforms to all newly hired drivers but in any subsequent years drivers will
receive two (2) sets each of summer and winter uniforms consisting of two (2)
shirts and three (3) pair of trousers. However, if the Company changes the
uniform color for the initial year of the change only, each driver will receive
(3) sets of each summer and winter uniforms.
Section 4. Military Leave
Military leave of absence will be handled in accordance with applicable
governmental regulations.
Section 5. Credit Union
Credit Union payroll deduction program will be made available to all Local Unit
Members.
Section 6. Disciplinary Action
Any disciplinary warnings or suspensions shall not remain in effect for more
than twelve (12) months against their record.
Section 7. Safety Shoes
Beginning in 1995, employees will be reimbursed up to sixty (60) dollars per
year for safety shoes (receipt required.)
Section 8. Safety Glasses
Upon presentation of lens prescription employees will be reimbursed 100% for
their first pair of approved safety frames and lenses. Reimbursement for
replacement units will be at 50% after the initial purchase. Approved safety
frames and lens are defined as safety glasses that meet the ANSI Standard
287.1-1968 and are approved by the Company. Maximum cost of the glasses will
not exceed $150.00 per set of frames and lens.
Section 9. Temporary and Part time Employees
A. Summer Temporary Employees:
1. Will be paid in accordance with Appendix - "A" Paragraph 1 (d).
2. Will be employed between June 1st and September 30th of any given
year.
3. Will not be eligible for benefits provided by the Agreement including,
holidays, vacation and, insurance except where required by law, nor
will such employees have any rights or protection under Article XVI.
4. Will be required to join the Union in accordance with the provisions
of Article II.
5. Will not be assigned to a truck driver classification.
6. Will be eligible for departmental overtime only after all regular full
time department employees have been given the opportunity to work the
required overtime.
7. Will not be eligible for safety awards nor will their accident record,
if any, nullify the record of regular full-time employees.
8. No summer temporary employees will be hired if there are regular
permanent employees on layoff.
B. Regular Temporary Employees
1. Will be paid in accordance with the hourly wage rate progression
schedules outlined in Appendix "A"
2. Will not be eligible for benefits provided by the Agreement including
holiday's, vacation and insurance except where required by law, nor
will such employee have any rights or protection under Article XVI.
3. Will be required to join the Union in accordance with the provisions
of Article II.
4. Will not be assigned to a truck drivers classification except where
the parties mutually agree to do so.
5. Will be eligible for departmental overtime only after all regular
full-time department employees have been given the opportunity to work
the required overtime. However, qualified employees outside the
department who wish to work weekend overtime that would normally be
worked by the temporary employee, will be eligible to work provided
they notify the department supervisor of their desire at the start of
the work week.
6. Will not be eligible for safety awards nor will their accident record,
if any, nullify the record of regular full-time employees.
7. Will not exceed 15% of the workforce except by the mutual agreement of
the parties.
C. No temporary employees will be hired or retained if there are regular
permanent employees on layoff.
ARTICLE XVIII - PENSION PLANSection 1
The Company shall continue in effect a program of pension benefits at the rate
of:
(a) Nineteen Dollars ($19.00) per year of credited service effective February
19,1995. (Per month for each year of service.)
(b) Twenty Dollars ($20.00) per year of credited service effective February
19,1996. (Per month for each year of service.)
Disability Retirement - 10 years of service with no age requirement.
ARTICLE XIX - SAFETY & HEALTH
The Company and the Union will cooperate in the continuing objective to
eliminate accidents and health hazards.
The Company will establish a Safety Committee consisting of both Union and
Company personnel who will conduct a regularly scheduled plant inspection not
less than once a month.
Copies of the completed Worker's Compensation forms involving fatalities or
disabling injuries shall be granted by the Company upon request to the Unit
Chairperson of the Local Union.
All new employees shall be given orientations to the Company Safety and Health
Program.
ARTICLE XX - DURATION
This Agreement shall become effective on the 19th day of February 1995, and
shall remain in full force and effect to and including the 19th day of February
1998, and shall continue in full force from year to year thereafter unless
either party to this Agreement desires to change or modify any of the terms or
provisions of this Agreement. The party desiring the change or modification
must notify the other party to this Agreement in writing not less than sixty
(60) days prior to any subsequent anniversary hereof. Should either party to
this Agreement serve such notice upon the other party, a joint conference of the
Company and the Union shall commence not later than thirty (30) days prior to
the expiration date in the year in which the notice is given.
IN WITNESS WHEREOF, The parties hereto have caused this Agreement to be signed
by their duly authorized representatives as of the day and year first above
written.
UNITED STEELWORKERS OF AMERICA
AFL-CIO-CLC XXXXXX DISTRIBUTION
[5 signatures ________________________
Xxxxxx Xxxxxx D.C. Hood
Vice President Human Resources
Xxx X. Xxxxxx
________________________
Xxxxxxx X. Xxxxx X. X. Xxxxxxxx
Director of Human Resources
Xxxx Xxxxxxx
Xxxxxx X. Xxxxxx] _________________________
X.X. Xxxxxxx
Vice President-Eastern Region
________________________________
Xxxxxx X. Xxxxx, III
Staff Representative
NEGOTIATING COMMITTEE:
________________________________
Xxxx Xxxxxx
Xxxxxxx X. Xxxx
Xxxxx Xxxxxx
APPENDIX A
HOURLY WAGE RATES
1. This appendix represents the hourly wage rates for employees included in
the classifications listed below.
A. Effective February 19, 1995
Length of
Employment Shop Truck T/Trailer
(Months) Mechanic Warehouse Driver Driver
0 - 6 8.50 8.50 8.78 9.02
6 - 12 9.04 9.04 9.33 9.59
12 - 18 9.57 9.57 9.41 10.15
18 - 24 10.10 10.10 10.43 10.72
24 + 10.93 10.93 11.28 11.58
An employee hired prior to February 18, 1995 who is still in progression will
receive $0.30 per hour in addition to the rate of his progression step until he
reaches the 24 month maximum rate.
B. Effective February 19, 1996 (New Hire Hourly Rate)
Length of
Employment Shop Truck T/Trailer
(Months) Mechanic Warehouse Driver Driver
0 - 6 (80%) 8.50 8.50 8.78 9.02
6 - 12 (85%) 9.04 9.04 9.33 9.59
12 - 18 (90%) 9.57 9.57 9.41 10.15
18 - 24 (95%) 10.10 10.10 10.43 10.72
24 + (100%) 11.18 11.18 11.53 11.83
An employee hired prior to February 18, 1995 who is still in progression will
receive $0.55 per hour in addition to the rate of his progression step until he
reaches the 24 month maximum rate.
C. Effective February 17, 1997 (New Hire Hourly Rate)
Length of
Employment Shop Truck T/Trailer
(Months) Mechanic Warehouse Driver Driver
0 - 6 8.50 8.50 8.78 9.02
6 - 12 9.04 9.04 9.33 9.59
12 - 18 9.57 9.57 9.41 10.15
18 - 24 10.10 10.10 10.43 10.72
24 + 11.43 11.43 11.78 12.08
D. Summer Temporary Employee Hourly Wage Rate = $7.60 per hour
2. The Lead Persons will receive an additional $0.40 per hour over the
applicable Job Rate. This is a Lead Person doing productive work.
3. Warehouse Leaders (who handle tickets) will receive an additional $0.30 per
hour over the warehouse rate.
4. If employees are unable to work as a result of an "on the job" lost time
injury certified by a licensed physician, they will receive their regular
base daily pay for a maximum of five (5) days in any one calendar year,
minus whatever payment may be made from worker's Compensation by applicable
law.
5. Road drivers on overnight trips will be allowed three (3) meals which must
be taken forty (40) miles from the Plant.
6. An employee who is assigned to the nightshift and is responsible for the
positioning of tractor/trailers in the parking lot to facilitate loading
will be entitled to a $0.25 per hour addition to his regular hourly wage
rate.
COMPARISON OF BENEFITS FOR THE EMPLOYEES OF
XXXXXX PRODUCTS - MECHANICSBURG HOURLY
COVERAGE PROVISIONS XXXXXX HEALTH PLAN J HEALTH AMERICA
* How are benefits covered? Free choice of providers. All services must be
100% coverage with no provided by your
deductible for certain affiliated HealthAmerica
benefits noted below per provider (see Referrals).
calendar year. Can self refer to
gynecologist for annual
exam.
* Maximum Lifetime Coverage - $ 550,000 Refer to specific
- $ 650,000 after 1/1/96 benefits for dollar and
With $ 4,000 per year day limitations.
reinstatement.
* Deductibles/Copayments - $ 250 Individual See Prescription Drugs,
- $ 450 Family Family Planning, and
per calendar year Emergency Care.
* Copayments/% Charges Covered - 80% of the first $4,500 - 100% coverage except
Individual, 100% where minimal Copayments
thereafter. are indicated.
- 80% of the first $9,000
Family, 100% thereafter.
* Out-of-Pocket Maximum - $ 1,150 Individual
- $ 2,250 Family
* Coordination of Benefits See Footnote 5, Page 6 See Footnote 5, Page 6
COVERAGE PROVISIONS XXXXXX HEALTH PLAN J HEALTH AMERICA
* Employee Weekly Contributions Eff. Date Single Family Eff. Date Single Family
1/1/95 $ 2.25 $ 5.45 1/1/95 $ 1.73 $ 12.47
NOTE: Employees Contributions 2/18/95 $ 3.25 $ 7.00 2/18/95 $ 6.25 $ 14.50
will be made on 2/18/96 $ 4.00 $ 8.25 2/18/96 $ 7.00 $ 15.75
pretax dollars 2/18/97 $ 4.75 $ 9.50 2/18/97 $ 7.75 $ 17.00
* WHAT IS COVERED? ALL ELIGIBLE CHARGES MUST BE DEEMED MEDICALLY NECESSARY
* Hospital Services
Room Accommodations and After deductible, 80% 100% semi-private,
Miscellaneous copayment to the out-of intensive care and pocket
maximum for semi- coronary care.
private, coronary care and
intensive care. (See
Footnotes 1 and 2, Page 6)
* EMERGENCY CARE
Local First $300 for accidental Covered for life
injury covered in full, threatening emergencies,
then after deductible, emergency room $25
80% copayment to the copayment unless
out-of-pocket maximum. admitted.
Services must be rendered
within 31 days of accident.
Out-of-Service Area Same as Local Emergency Covered when medically
Care. necessary, $25 copayment
for emergency room unless
admitted.
COVERAGE PROVISIONS XXXXXX HEALTH PLAN J HEALTH AMERICA
Ambulance Same as Local Emergency 100% coverage.
Care
* DOCTOR'S SERVICES
Surgery/Anesthesia - Inpatient: After 100% coverage.
deductible, 80% copayment
to the out-of-pocket maximum.
- Outpatient: 100% coverage
(See Footnotes 1 and 2, Page 6)
Doctor's In-Hospital Visit After deductible, 80% 100% coverage
copayment to the out-of-
pocket maximum. (See
Footnotes 1 and 2, Page 6)
Consultation - Inpatient After deductible, 80% 100% coverage
copayment to the out-of-
pocket maximum. (See
Footnotes 1 and 2, Page 6)
Maternity Care After deductible, 80% 100% coverage
copayment to the out-of-
pocket maximum. (See
Footnotes 1 and 2, Page 6)
COVERAGE PROVISIONS XXXXXX HEALTH PLAN J HEALTH AMERICA
Diagnostic X-Ray/Lab After deductible, 80% 100% coverage
copayment to the out-of-
pocket maximum. Pre-
admission testing covered at
100%. (See Footnotes 1 and
2, Page 6)
Office Visits After deductible, 80% 100% coverage after
copayment to the out-of- $10 copayment.
pocket maximum. (See
Footnotes 1 and 2, Page 6)
Immunizations No coverage. 100% coverage.
Well Baby Care No coverage. 100% coverage.
Selected Oral Surgery After deductible, 80% No coverage.
copayment to the out-of-
pocket maximum for specific
procedures. (See Footnotes 1
and 2, Page 6)
Allergy Testing/Treatment After deductible, 80% 100% coverage, No
copayment to the out-of- coverage for serum.
pocket maximum.
Routine Physical Exams NO coverage. 100% coverage.
(No Third Party Exams)
Routine Mammogram No coverage. 100% coverage with
referral.
COVERAGE PROVISIONS XXXXXX HEALTH PLAN J HEALTH AMERICA
Routine Pap Test 100% coverage, not subject 100% coverage.
to deductible, 1 exam
covered annually.
Prescriptions - Generic - 100% Subject to $10 copayment
per prescription, Must
- Legend - After deductible, be filled by
80% copayment to the out- participating pharmacy.
of-pocket maximum. Generic drugs will be
substituted when
available.
Vision Care No routine coverage. 100% coverage for annual
exam and refractions. No
coverage for lenses and
frames.
Hearing Aids & Exams No coverage. 100% coverage for exam.
No coverage for hearing
aid device.
* DURABLE MEDICAL EQUIPMENT
Ancillary Materials and After deductible, 80% Durable medical equipment
Devices copayment to the out-of- covered 100% when
pocket maximum. medically necessary.
Prosthetics/Orthotics
covered for initial only,
replacement limited to
once every 2 years as
required due to normal
wear or change in
condition.
COVERAGE PROVISIONS XXXXXX HEALTH PLAN J HEALTH AMERICA
* NERVOUS AND MENTAL
Inpatient After deductible, 80% Up to 30 days per
copayment to the Out-of- contract year for short
pocket maximum, to $7,000 term treatment and crisis
covered per calendar year. intervention covered
Lifetime maximum of 100%.
$20,000, 2 inpatient
confinements per lifetime.
(See Footnotes 1 and 2, Page 6)
Outpatient After deductible, 80% Up to 20 visits per
copayment to the Out-of- contract year for short
pocket maximum, to $7,000 term therapy and crisis
covered per calendar year. intervention. $25 for
Lifetime maximum of visits 1 to 20.
$20,000, 2 inpatient and
outpatient maximums are
combine.
* DRUG ABUSE AND ALCOHOLISM
Inpatient Same as Nervous and Mental - Alcohol: 30 days per
Care-Inpatient. Benefit contract year (90 day
Maximums are combined. lifetime maximum.)
- Substance Abuse: See
Mental Health.
Outpatient Same as Nervous and Mental - Alcohol: 60 days per
Care-Inpatient. Benefit contract year (120 day
Maximums are combined. lifetime maximum.)
- Substance Abuse: See
Mental Health.
COVERAGE PROVISIONS XXXXXX HEALTH PLAN J HEALTH AMERICA
* CHIROPRACTOR After Deductible, 80% No coverage except for as
copayment to the out-of- a benefit of physical
pocket maximum. Coverage therapy in the case of
only for the treatment of illness or injury
a sickness or injury. (referral necessary).
See Physical Therapy.
* SKILLED NURSING CARE
Skilled Nursing Home (not for 100% coverage. No more 100 days per contract
Custodial or Domiciliary Care) than half of the semi- year covered at 100%.
(State Licensed) private room rate. (See
Footnote 3, Page 6)
* HOME HEALTH SERVICES
Part-Time Nursing 100% coverage. 100% coverage when
medically necessary.
Physical Therapy/Speech Therapy, 100% coverage. 100% coverage for 60
Medical Social Services and consecutive days, or 15
Home Health Aids sessions, whichever is
greater from initiation
of treatment per
condition.
* BIRTH CONTROL DEVICES Birth control pills are Tubal Ligation and
covered the same as vasectomies covered
prescription drugs. Tubal subject to Copayments.
ligations and vasectomies Oral contraceptives
are covered, after covered under
deductible, 80% copayment prescription drug
to the out-of-pocket maximum. benefit.
COVERAGE PROVISIONS XXXXXX HEALTH PLAN J HEALTH AMERICA
Infertility After deductible, 80% Infertility counseling
copayment to the out-of- and testing (excluding
pocket maximum. Treatment vitro fertilization) -
for infertility is covered $300 copay per course of
based on medical necessity. treatment, $2,500
Charges for impregnation lifetime maximum.
are not covered.
* HEALTH PROMOTION PROGRAM
Physical Fitness and No coverage. 100% coverage for
Lifestyle Awareness specified health and
wellness programs.
(Weight Watchers
reimbursement up to $150
per calendar year.)
* DEPENDENT COVERAGE Unmarried children to age Unmarried children to age
19, or until age 25 if 19, or until age 25 if
full-time student and full-time student and
dependent upon employee dependent upon employee
for support. for support.
* REFERRALS None required. Referral must be received
before non-emergency care
is provided by other than
your primary care
provider.
DENTAL PLAN Dental Plan B. Dental Plan A.
APPENDIX C
XXXXXX PRODUCTS LTD.
SUMMARY* OF DENTAL PLANS
BENEFIT PLAN A PLAN B
Class 1 - Preventive Services:
Oral Examinations, X-rays, 100% 100%
Cleaning, Space Maintainers
Fluoride and Sealants 100% None
(Dependent Children to age 19)
Class 2 - Basic Services:
Emergency Treatment, 80% 80%
Endodontics, Periodontics, Oral Surgery,
Local Anesthesia, Extractions, Restorative
Treatment: Amalgam, Silicate, and Acrylic
Fillings, and Stainless Steel Crowns
Class 3 - Major Services:
Gold Foil Fillings, Inlays and 50% 50%
Onlays, Crowns
Class 4 - Prosthodontics Services:
Removable or Fixed Bridgework, 50% 50%
Partial or Complete Dentures
Class 5 - Orthodontic Services:
Teeth Straightening Procedures 50% 50%
(Dependent Children to age 19)
DEDUCTIBLE
(Applies to Class 2, Individual - $35 Individual - $35
3 and 4 only) Family - $70 Family - $70
Annual Non-Orthodontic Maximum $1,000 $1,000
Lifetime Orthodontic Maximum $1,000 $ 500
* This is intended to be a summary. Details regarding your dental benefits
can be found in your benefit binder.
* FOOTNOTES:
1. Pre-certification is required 7 days before any non-emergency surgery or
inpatient admission. Emergency admissions must be certified within 24
hours or the first business day following admission. Failure to
pre-certify will result in eligible charges payable at 50% copayment
subject to your deductible, and a maximum out-of-pocket penalty of
$1,000 per occurrence. The 50% copayment is not applied to your
out-of-pocket.
2. Xxxx Audit Program pays employee 50% of any billing errors to a maximum of
$500.
3. Please refer to PLAN BOOKLET for additional resources.
4. Generic Rx, Pre-admission testing, outpatient surgical expense, second
surgical opinion, birthing center, home health care, hospice and skilled
nursing facility covered at 100%, no deductible.
5. Coordination of Benefits:
Xxxxxx Health Plan J and HealthAmerica:
Benefits will be reduced under certain circumstances when you are
covered both under this Plan, as described, and other plans
which provide similar benefits. Reimbursement will not exceed 100% of
the total allowable expenses incurred under the Plan and
other plans included under the provision.
6. HealthAmerica HMO benefits are subject to change in 1996 and later years,
in accordance with negotiations between the company and the HMO.
This constitutes only a summary of the health plan involved. The actual
contract or plan document of each health plan must be consulted to determine
the governing contractual provisions, limitations, or exclusions. There is
no guarantee, expressed or implied by Xxxxxx Products or Xxx X. Xxxxx Associates
of HMO Benefits, plan provisions, or level of payments. This comparison was
prepared in cooperation with and with the approval of each insurance carrier.
