EXHIBIT 4
AGREEMENT
BETWEEN
XXXX WHOLESALERS, INDIANAPOLIS, INC. OR ITS SUCCESSORS, (hereinafter referred to
as the "Employer" or "Company"), and the CHAUFFEURS, TEAMSTERS, WAREHOUSEMEN AND
HELPERS, LOCAL XXXXX XX. 000, xx XXXXXXXXXXXX, XXXXXXX, affiliated with the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF
AMERICA, or its successors, (hereinafter referred to as the "Union").
For the Period
March 3, 1996 to and including February 26, 2000
TABEL OF CONTENTS
ARTICLE 1 - UNION RECOGNITION ............................................... 1
ARTICLE 2 - UNION SECURITY .................................................. 1
ARTICLE 3 - MAINTENANCE OF STANDARDS ........................................ 2
ARTICLE 4 - WAGES ........................................................... 2
ARTICLE 5 - SEPARABILITY AND SAVINGS CLAUSE ................................. 2
ARTICLE 6 - SENIORITY ....................................................... 3
ARTICLE 7 - HOURS OF WORK ................................................... 6
ARTICLE 8 - VACATIONS ....................................................... 8
ARTICLE 9 - SHOP STEWARDS ................................................... 9
ARTICLE 1O - NO INTERRUPTIONS IN WORK ....................................... 10
ARTICLE 11 - GRIEVANCE PROCEDURE ............................................ 10
ARTICLE 12 - PROTECTION OF RIGHTS ........................................... 11
ARTICLE 13 - UNAUTHORIZED ACTIVITY .......................................... 12
ARTICLE 14 - MANAGEMENT CLAUSE .............................................. 12
ARTICLE 15 - TIME OFF TO VOTE ............................................... 13
ARTICLE 16 - SAFETY AND HEALTH .............................................. 13
ARTICLE 17 - INSURANCE CONTRACT ............................................. 13
ARTICLE 18 - WORK ASSIGNMENTS ............................................... 13
ARTICLE 19 - BONDS .......................................................... 14
ARTICLE 20 - INSPECTION PRIVILEGES .......................................... 14
ARTICLE 21 - EXAMINATIONS AND IDENTIFICATION FEES ........................... 14
i.
ARTICLE 22 - DEFECTIVE EQUIPMENT AND
DANGEROUS CONDITIONS OF WORK ................................... 14
ARTICLE 23 - EMPLOYMENT AGENCY FEES ......................................... 15
ARTICLE 24 - EXAMINATION OF RECORDS ......................................... 15
ARTICLE 25 - COMPENSATION CLAIMS ............................................ 15
ARTICLE 26 - SANITARY CONDITIONS ............................................ 15
ARTICLE 27 - TRANSFER OF COMPANY TITLE OR INTEREST .......................... 15
ARTICLE 28 - JURY DUTY ...................................................... 15
ARTICLE 29 - PENSION ........................................................ 16
ARTICLE 3O - 401(K)PLAN ..................................................... 16
ARTICLE 31 - MISCELLANEOUS PROVISIONS ....................................... 16
ARTICLE 32 - DURATION OF AGREEMENT .......................................... 18
APPENDAGE "A" ............................................................... 20
APPENDAGE "B" ............................................................... 21
APPENDAGE "C" ............................................................... 26
APPENDAGE "D" ............................................................... 27
APPENDAGE "E" ............................................................... 28
ii.
ARTICLE 1- UNION RECOGNITION
Section 1. The Company agrees to recognize and does hereby recognize the
Union, its agents, representatives, or successors, as the exclusive
representative and collective bargaining agency for all of the employees of the
Company as hereinafter defined: All full-time and regular part-time production
and maintenance employees including all truck drivers and warehouse employees of
the Employer's Indianapolis, Indiana establishment at 0000 Xxxxxxx Xxxxx,
Xxxxxxxxxxxx, Xxxxxxx 00000.
ARTICLE 2 - UNION SECURITY
Section 1. It is understood and agreed by and between the parties hereto
that as a condition of continued employment, all persons who are hereafter
employed by the Company in the unit which is the subject of this Agreement,
shall become members of the Union not later than the thirty-first (31st) day
following the beginning of their employment or the execution date of this
Agreement, whichever is the later; that effective from and after the
thirty-first (31st) day following the execution date of this Agreement, the
continued employment by the Company in said unit of persons who are already
members in good standing of the Union shall be conditioned upon those persons
continuing their payment of the periodic dues of the Union; and that the
continued employment of persons who were in the employ of Company prior to the
date of this Agreement and who are not now members of the Union shall be
conditioned upon those persons becoming members of the Union not later than the
thirty-first (31st) day following the execution date of this Agreement. The
failure of any person to become a member of the Union at such required times
shall oblige the Company upon written notice from the Union to such effect and
to the further effect that Union membership was available to such person on the
same terms and conditions generally available to other members, to forthwith
discharge such person. Further, the failure of any person to maintain his Union
membership in good standing as required herein shall, upon written notice to the
Company by the Union to such effect, obligate the Employer to discharge such
person.
Section 2. (a) The Company will neither negotiate nor make any agreements
for any of its employees in the bargaining unit covered hereby unless it
be through the duly authorized representative of the Union.
(b) The Company agrees that it will not sponsor or promote
financially or otherwise, any group, committee, or labor organization, for
the purpose of undermining the Union; nor will the Company interfere with,
restrain, coerce, or discriminate in any way against any of its employees
because of their membership or non-membership in the Union.
(c) When the Company needs additional employees, it shall give the
Union equal opportunity with all other sources to provide suitable
applicants.
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(d) The Company agrees to deduct each month, from the pay checks of
all employees, who are covered by this Agreement, all periodic dues and
initiation fees owing to the Union by the employees, provided, however,
that an employee shall have signed and submitted a written authorization
for such action on the part of the Company; such written authorization
shall conform to and be in accordance with all applicable Federal and
State Laws.
All monies deducted by the Company shall be forwarded to the President of
the Union. It is understood and agreed that any monies collected by the Company
for the Union will be taken out of the first (1st) pay period of each month for
the current month and remitted to the Union within fifteen (15) days.
ARTICLE 3 - MAINTENANCE OF STANDARDS
The Company agrees that all conditions of employment relating to wages,
hours of work, overtime differentials and general working conditions, shall be
maintained at not less than the highest standards of the Company in effect at
the time of the signing of this Agreement, and the conditions of employment
shall be improved wherever specific provisions for improvement are made
elsewhere in this Agreement.
ARTICLE 4 - WAGES
Wages shall be paid according to Appendage "A" attached hereto and made a
part of this Contract.
ARTICLE 5 - SEPARABILITY AND SAVINGS CLAUSE
If any Article or Section of this contract or of any Riders thereto should
be held invalid by operation of law or by any tribunal of competent
jurisdiction, or if compliance with or enforcement of any Article or Section
should be restrained by such tribunal pending a final determination as to its
validity, the remainder of this contract and of any Rider thereto, or the
application of such Article or Section to persons or circumstances other than
those as to which it has been held invalid or as to which compliance with or
enforcement of has been restrained, shall not be effected thereby.
In the event that any Article or Section is held invalid or enforcement of
or compliance with which has been restrained, as above set forth, the parties
affected thereby shall enter into immediate collective bargaining negotiations,
upon the request of the Union, for the purpose of arriving at a mutually
satisfactory replacement for such Article or Section during the period of
invalidity or restraint. If the parties do not agree on a mutually satisfactory
replacement, either party shall be permitted to all legal or economic recourse
including the right to strike in support of its demands notwithstanding any
provision in this contract to the contrary.
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ARTICLE 6 - SENIORITY
Section 1. Seniority rights for employees shall prevail and shall apply to
layoffs, job bidding, overtime assignment and vacation scheduling consistent
with the other terms of this Agreement. It is understood that seniority shall be
plant-wide within the bargaining unit.
Section 2. Seniority shall be defined as the length of continuous service
within the bargaining unit from the last date of hire. The term "continuous
service" shall be construed so that absence due to illness, accident, family
deaths or similar occurrences, or layoffs due to slack work, shall not cause a
break in continuity, subject to the other terms of this Agreement.
Section 3. The list of employees rated according to seniority is attached
hereto and made a part of this Agreement. The Company will supply the Union
Office and Shop Xxxxxxx with a list of all additions or deductions from the
seniority list. The seniority list shall be posted on the bulletin board. Any
controversy over seniority standing of any employee on the seniority list shall
be submitted to the Grievance Procedure.
Section 4. New regular employees shall obtain seniority after ninety (90)
days of employment; however, if the Company changes a supplemental employee to a
regular employee, he shall obtain seniority after sixty (60) days of employment
as a regular employee.
New regular employees who complete the probationary period set forth above
shall have seniority from their most recent date of hire without a break in
service, which will include continuous prior service as a supplemental employee.
In case of layoffs, the Company shall lay off such new employees before
putting into effect the seniority policy, as stated herein. New employees may be
laid off, transferred or dismissed with or without cause during the probationary
period.
Section 5. Any employee transferred from another division, department or
bargaining unit of the Company not covered by this Agreement into the bargaining
unit covered by this Agreement shall start with new seniority. An employee
transferred from the bargaining unit to a non-bargaining unit position within
the Company will retain and continue to accumulate seniority for three (3)
months if transferred back into the bargaining unit by the Company, but will
thereafter lose seniority.
Section 6. Layoffs will be by plant-wide seniority, provided that the
employee exercising seniority has the basic qualifications to perform the
particular work available in a normal and average manner. The Company may lay
off employees on a temporary basis by seniority within the classification and on
the shift involved for the first two (2) full working days of a work reduction,
but no employees will be laid off out of seniority for more than two (2) full
working days during the term of this Agreement if the employee has the basic
qualifications to perform the particular work available in a normal and average
manner. It is agreed that the Company may
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establish a regular four (4) day workweek consisting of thirty-two (32) hours
per week, effective only between January 1 and March 1 and in lieu of any
additional layoffs during this period.
When it becomes necessary to lay off employees, the Company will notify
the Shop Xxxxxxx of the names of the employees to be laid off. The Shop Xxxxxxx
will not communicate this information to anyone, but shall use this information
only for the purpose of checking the seniority list and of consulting with
Management whet there appears to be reason to disagree with the selection of
employees to be laid off.
Section 7. An employee shall be deemed to have lost his seniority rights
under this Agreement for the following:
(a) Discharge under the Uniform Rules (Appendage "B") or Voluntary
Quit.
(b) Employee fails to report for work within ten (10) working days
after notice of recall is sent by certified mail to the employee's last
known address. It is the employee's responsibility to keep the Company
notified of any change of address.
(c) Has been continuously laid off for twelve (12) months, provided,
however, that in cases of proven sickness an employee shall be continued
on the seniority list until able to return to work, not to exceed
twenty-four (24) months.
(d) Retirement.
Section 8. Any employee desiring leave of absence from employment shall
secure written permission from both the Union and the Employer. Failure to
comply with this section shall result in the complete loss of seniority rights
of the employee involved. Inability to work because of proven sickness or injury
shall not result in the loss of seniority rights, except pursuant to Section 7,
above. The Company will comply with applicable State and Federal laws concerning
maternity leave.
Any employee elected or appointed as an official of the Union or an
elected delegate to any labor convention necessitating a leave of absence shall
be granted a leave of absence without pay and be guaranteed re-employment at the
end of such period, with the same seniority rating as when the leave of absence
was granted.
It is understood that leaves of absence will not be granted for taking
employment elsewhere and an employee who engages in gainful employment elsewhere
during a leave of absence shall lose his status as an employee.
Section 9. Regular employees who leave the service of the Company to enter
that of the United States Armed Forces, or are drafted in the service of the
U.S. Maritime Commission, or who are drafted by the United States Government for
civilian service, will upon their return,
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within ninety (90) days from release from such service with an honorable
discharge be granted all seniority rights as if continuously employed by the
Company during such service.
Such persons will be rehired by the Company to take the place of other
persons employed by the Company who have less seniority. Under no circumstances
will this clause be construed so as to require the Company to increase the
number of its employees beyond those actually needed.
Section 10. Job Bidding. When a permanent actual vacancy occurs within a
job classification in the bargaining unit covered by this Agreement, the Company
shall post a notice on the bulletin board for three (3) working days, announcing
the vacancy in that job classification. Any employee with seniority may bid for
the vacancy, if such employee has the basic qualifications and ability to
perform the work involved; provided however, that an employee who has
successfully bid pursuant to this provision shall not be permitted to bid on any
other equal- or lower-rated job for a period of one (1) year. It is agreed that
the vacancy created by an employee who has been awarded a permanent vacancy
pursuant to this posting procedure shall also be posted, but that no additional
vacancies created thereby shall be posted. Such successive bidding will be
completed within sixty (60) days. If more than one employee bids for a permanent
vacancy, then the employee with the highest ranking seniority and the basic
qualifications to perform the work shall be transferred into the classification
involved, not later than seven (7) working days following the conclusion of the
posting period. The Shop Xxxxxxx will receive a copy of all completed job bids.
Any employee awarded a permanent vacancy pursuant to this section shall be
given a trial period not to exceed ten (10) working days. The trial period may
be terminated by the Employer in the event that the employee is obviously unable
to perform the work required in a normal and average manner. An employee
disqualified under this provision will be reassigned to the employee's former
job classification.
This section shall not apply to the assignment or removal of employees
from "lead man" designation.
Section 11. Notwithstanding Article 2, Section 1, supplemental employees
(seasonal and casual employees) shall be required to comply with Article 2,
Section 1, after 90 days of continuous employment. Supplemental employees will
be paid according to the wage rates set forth in Appendage "A." Supplemental
employees will not be eligible for other benefits set forth in the Agreement
including, but not limited to, Article 6, Seniority; Article 7, Hours of Work;
Article 8, Vacations; Article 17, Insurance Contract; Article 31, Miscellaneous
Provisions.
Seasonal employment will generally correspond with the Company's
construction-related business season. Any supplemental employee who is employed
for more than seven (7) continuous months will be changed to a regular employee.
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ARTICLE 7 - HOURS OF WORK
Section 1. The Company agrees that the standard hours of work shall be
eight (8) hours per day or forty (40) hours per week, and that the work week
shall start on Monday and end on Friday, except as provided in Article 6,
Section 6. All work in excess of eight (8) hours per day or forty (40) hours per
week shall be considered as overtime, and employees shall be paid at the rate of
time and one-half for working such overtime periods. Time and one-half shall be
paid for all work performed on Saturdays. Overtime shall not be paid twice for
the same hours. All employees shall be paid weekly on Friday of the week
following close of week in which work was performed.
Section 2. Call-in Pay Period. Employees who are called in for work
outside the regular schedule shall receive at least four (4) hours work or pay
therefor, at the appropriate hourly rate.
Section 3. Reporting Pay. All regular employees who report for work shall
receive eight (8) hours work or pay at the regular hourly rate, unless such
employees have been duly notified not to report, or unless the Company is unable
to conduct normal operations due to causes beyond its control.
Section 4. Overtime. Weekday overtime shall be offered according to
seniority among the employees in the classification on the shift who have
regularly performed the work during straight time hours, and shall be required
by reverse seniority if necessary. Weekend and Holiday overtime shall be offered
according to seniority within the classification and shift, and shall be
required by reverse seniority if necessary. If additional employees are needed,
the work will be offered according to seniority among the remaining employees in
the bargaining unit who are able to do the work in a normal and average manner,
and shall be required by reverse seniority if necessary.
It is understood, however, with regard to weekend or Holiday overtime in
the Material Handler/Receiver classification, such work will be offered
according to seniority among employees who have regularly performed the work
during the preceding work week, then Unit Assemblers, then Drivers, and shall be
required by reverse seniority by classification in the order listed above if
necessary.
The Shop Xxxxxxx shall be given a list of employees working overtime as
soon as possible.
It is understood that an employee who is temporarily transferred to work
in a different classification will continue to be treated as part of his
original classification for the purpose of weekend and holiday overtime. Weekday
overtime will be offered to employees who regularly perform the work during
straight-time hours, which will include employees transferred to perform such
work from a different classification.
6
Section 5. Any employee receiving more than the scale of wages herein
shall not suffer a reduction in wage, and shall also receive the increase
established by this Agreement during the life of this Agreement.
Section 6. All work performed on Sunday or on a holiday shall be paid for
at double time, except during annual inventory when the employee shall be paid
at one and one-half times (1-1/2) the regular straight time rate. In such
circumstances, the employee will also receive holiday pay if otherwise eligible.
All employees who have been employed for more than sixty (60) days shall
receive eight (8) hours pay at their regular hourly wage rate for the following
days without working on such days: New Year's Day, Memorial Day, Fourth of July,
Labor Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve, Christmas
Day, provided the employee has worked his regularly scheduled work day
immediately before and immediately after said holiday, unless the employee is
unable to work on account of proven illness, or unless his absence is mutually
agreed to. Should any of the holidays fall on Sunday, the day observed by decree
or proclamation shall be considered the legal holiday. Holidays which fall on
Saturday will be observed on either Friday or Monday, depending on the
requirements of the business.
In addition to the holidays provided above, an employee will be allowed
one holiday to be taken on the employee's birthday, or if the birthday falls on
a weekend, on the work day nearest the employee's birthday. The employee must
notify the supervisor the week before the birthday holiday.
Section 7. Whenever an employee is required to do work which is in a
classification at a lower rate of pay, said employee shall be paid his regular
rate of pay unless down graded on a permanent basis. Also, when an employee in a
lower rated job classification works for more than one (1) hour in a higher
rated classification during a work day, he shall be paid the rate of pay
corresponding to that classification for hours worked therein.
The Employer will not discriminate against or in favor or any employee in
making temporary transfers or work assignments within a classification.
Temporary transfers will be made by the Employer with due regard to seniority as
well as qualifications of available employees and the nature of the work
required. Any employee at the Employer's request will perform such work
assigned, which may include but is not limited to work in the normal course of
business, painting, remodeling, cleaning, inventorying, repairing, testing, and
beautifying.
Section 8. The Company agrees to provide a ten (10) minute rest period
during regular morning shift hours and a ten (10) minute rest period during the
regular afternoon shift hours, the exact times for such rest periods to be
designated by the Company in its discretion as reasonably close to the middle of
such shift hours as the Company determines practical without adversely affecting
production and operating efficiency.
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ARTICLE 8 - VACATIONS
Section 1. In order to earn vacation, each of the following requirements
must be satisfied:
(a) The employee must be employed on January 1;
(b) The employee must have worked at least fourteen hundred (1400)
hours during the preceding calendar year; and,
(c) The employee must have completed one (1) full year of vacation
service credit on January 1 to earn two (2) weeks of vacation with pay;
and ten (10) full years of vacation service credit on January 1 to receive
three (3) weeks of vacation with pay.
An employee's vacation service credit will begin on the January 1
following his date of hire; however, on said January 1, an employee will earn up
to a maximum of one (1) week vacation with pay, pro-rated for his first partial
year based on weeks actually worked since his date of hire. (The defined
vacation service credit of employees with seniority in the bargaining unit on
the effective date of this Agreement is set forth in Appendage "D.")
Section 2. An employee's vacation will be scheduled during the year
following the January 1 on which it is earned. No more than one (1) vacation
will be earned in any calendar year.
Section 3. Except as specifically provided in Sections 4 and 5, below, all
vacations earned must be taken by employees and no employee shall be entitled to
vacation pay in lieu of vacation except, however, any employee who has been laid
off before he has worked his fourteen hundred (1400) hours in the calendar year,
or who has worked less than fourteen hundred (1400) hours due to bona fide
illness or injury, shall be entitled to the vacation pay earned on a pro rata
basis provided he has worked his first (1st) full year.
Section 4. Vacation Scheduling. Employees may schedule no more than two
(2) weeks of vacation from April 1 to October 31 of each calendar year. Only one
(1) employee in the Driver Classification may be released for vacation for any
week. Up to two (2) employees in the Unit Assembler Classification and Material
Handler/Receiver Classification may be released for any week, but not more than
a total of three (3) employees in both classifications combined.
Between December 1 and January 15 of each year, employees may turn in
sealed bids to select available weeks for their vacation on the basis of
seniority. Employees may indicate a first choice and a second choice for each
vacation week. After January 15, conflicts in the bids will be resolved by
seniority and the vacation schedule will posted by February 1. Vacation weeks
not scheduled by bidding prior to January 15 may be scheduled on a "first come
first served" basis with thirty (30) days advance notice. Employees may request
individual vacations days, with at least ten (10) days prior
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notice except in the case of proven emergency. An employee who has bid for a
full week of vacation will always have precedence over employees who schedule
vacation after January 15.
Employees who wish to take vacation in January are encouraged to do so by
advance notification and mutual agreement. In the event a scheduled vacation
falls on a holiday, the employee may schedule an additional day of vacation, or
may elect pay in lieu of that holiday, at the time the vacation week is
scheduled. If an employee bids into a different classification resulting in a
conflict in the vacation schedule, that employee must reschedule vacation to an
open date. Any employee eligible for three (3) weeks of vacation may elect pay
in lieu of vacation for up to one (1) week of vacation with ten (10) days prior
notice.
Section 5. Vacation pay shall be based on the employee's regular hourly
rate of pay for a forty (40) hour week. An employee shall receive all earned
vacation pay the day before leaving for vacation.
ARTICLE 9 - SHOP STEWARDS
The Employer recognizes the right of the Union to designate a Shop Xxxxxxx
and an Alternate from the Employer's seniority list. The Alternate Xxxxxxx may
act in place of (but not in addition to) the Shop Xxxxxxx from the plant.
The authority of the Shop Xxxxxxx and the Alternate so designated by the
Union shall be limited to, and shall not exceed, the following duties and
activities:
1. The investigation and presentation of grievances with his employer or
the designated company representative in accordance with the provisions of the
collective bargaining agreement:
2. The transmission of such messages and information, which shall
originate with, and are authorized by the Local Union or its officers, provided
such messages and information:
(a) have been reduced to writing, or,
(b) if not reduced to writing, are of a routine nature and do not
involve work stoppages, slow downs, refusal to handle goods, or any other
interference with the Employer's business.
The Shop Xxxxxxx and Alternate have no authority to take strike action, or
any other action interrupting the Employer's business, except as authorized by
official action of the Union.
The Employer recognizes these limitations upon the authority of the Shop
Xxxxxxx and Alternate, and shall not hold the Union liable for any unauthorized
acts. The Employer in so recognizing such limitations shall have the authority
to impose proper discipline, including
9
discharge, in the event the Shop Xxxxxxx has taken unauthorized strike action,
slow down or work stoppage in violation of this Agreement.
ARTICLE 10 - NO INTERRUPTIONS IN WORK
Section 1. The Union and its members, individually and collectively, will
not, during the life of this Agreement, encourage, cause, permit, or take part
in any strike, picketing, sit-down, stay-in, slow-down, or other curtailment of
work or interference with production in or about the Company's plant or
premises.
Correlative with this provision, the Company will not engage in a lock-out
during the term of this Agreement.
ARTICLE 11 - GRIEVANCE PROCEDURE
Section 1. Should differences arise between the Company and the Union or
any employee of the Company covered hereunder, as to the meaning or application
of the provisions of this Agreement, such differences shall be settled in the
following manner:
Step 1. The aggrieved employee or employees shall record their
grievance on a grievance blank and present the same to the Shop Xxxxxxx.
The Shop Xxxxxxx will then attempt to settle the grievance with the
xxxxxxx or immediate supervisor of the employee as soon as possible but in
no event later than five (5) days from the knowledge of the facts giving
rise to the grievance. The Shop Xxxxxxx shall be advised by the employee's
immediate supervisor within two (2) working days after submission of the
written grievance as to the terms upon which the Company is willing to
adjust the grievance.
Step 2. If no satisfactory adjustment is agreed upon in Step 1, the
grievance shall be referred by the Shop Xxxxxxx to the Assistant Manager
of the Company or some other executive officer of the Company, with
authority to act, who shall review the alleged grievance and offer a
decision within three (3) working days after receipt of the grievance.
Step 3. If no satisfactory adjustment is agreed upon in Step 2 the
grievance shall be referred by either the Union or the Employer or both,
to the Joint Committee, hereinafter described, for mediation. Such
references shall be made by either party upon request, in writing. Upon
receipt of any such notice of grievance the Employer shall select one (1)
member of said Committee, and the Union shall select one (1) member of
said Committee, and the two (2) members so selected shall comprise a
grievance committee for such dispute. Said grievance committee shall
within ten (10) days exert every effort to mediate and adjust the
grievance.
Step 4. If no settlement of the grievance is reached in the
foregoing Steps, the matter shall be submitted to arbitration if either
party shall so request in writing within
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thirty (30) days after the Company's decision provided for in Step 3. Such
written request for arbitration shall be directed to the Federal Mediation
and Conciliation Service, and a copy of the request served on the other
party within such thirty (30) day period. The Federal Mediation and
Conciliation Service shall be requested to submit the names of nine (9)
disinterested persons qualified and willing to act as impartial
arbitrators. From such list, the Company and the Union shall alternately
strike until one name remains on the list and he shall be designated as
the impartial arbitrator. The decision of the arbitrator shall be final
and binding upon the Parties. The Executive Board of the Local Union shall
have the right to determine whether or not the employees grievance is
qualified to be submitted for arbitration by the Union.
Section 2. Any grievance involving discharge must be presented within five
(5) days from the date of the discharge.
Section 3. The expenses and the fee of the arbitrator, shall be borne
equally by the Company and the Union. If any witnesses are called the Union and
Company will pay their own witnesses' expenses.
Section 4. The arbitrator may interpret the Agreement and apply it to the
particular case presented to him, but he shall, however, have no authority to
add to, subtract from, or in any way modify the terms of this Agreement or any
agreements made supplementary hereto. The arbitrator shall hand down his
decision within thirty (30) days.
Section 5. The Shop Xxxxxxx shall be permitted to leave his work to
investigate and adjust grievances of any employee within his jurisdiction, after
first notifying the supervision in charge, and provided there is not
interruption in the Employer's business. This shall be without loss of pay to
the Shop Xxxxxxx. It is also understood, however, that this privilege shall be
subject to reasonable limitations by the Employer.
Section 6. It is agreed by the parties that there shall be no pre-striking
of qualified arbitrators at any time either prior to or during the term of this
Agreement.
ARTICLE 12 - PROTECTION OF RIGHTS
Section 1. Picket Line. It shall not be a violation of this Agreement, and
shall not be cause for discharge or disciplinary action, in the event an
employee refuses to enter upon any property involved in a lawful primary labor
dispute or refuses to go through or work behind any lawful primary picket lines
including the lawful primary picket line of Unions party to this Agreement and
including lawful primary picket lines at the Employer's place of business.
Section 2. Struck Goods. It shall not be a violation of this Agreement and
it shall not be cause for discharge or disciplinary action if any employee
refuses to perform any service which his employer performs by arrangement with
an employer or person whose employees are on
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strike, and which service, but for such strike, would be performed by the
employees of the Employer or persons on strike.
Section 3. Grievances. Within five (5) working days of filing of grievance
claiming violation of this Article, the parties to this Agreement shall proceed
to the final Step of the Grievance Procedure, without taking any intermediate
Steps, any other provision of this Agreement to the contrary notwithstanding.
ARTICLE 13 - UNAUTHORIZED ACTIVITY
It is understood and agreed that the Union shall have no financial
liability for acts of its members or agents which are unauthorized and which the
Union cannot control. It is agreed, however, that in the event of any such
unauthorized action, the Union shall, upon receiving notice thereof, urge its
members to return to work, if there should be a work stoppage, and just as soon
as practical, address a letter to the Company notifying the Company that the
action of the Union members or agents is unauthorized.
The Company shall be privileged to discipline employees responsible for
such unauthorized activities without violation of the terms of this Agreement,
subject, however, to the grievance and arbitration provisions of this Agreement.
In order that the Company may be apprised of the officer of the Union
empowered to authorize strikes, work stoppages, or actions which will interfere
with the activities required of employees under this contract, it is understood
and agreed that only the President of the Union has the power or authority to
authorize any such action or give the orders or directions necessary to carry
out any such action.
ARTICLE 14 - MANAGEMENT CLAUSE
The Management of the plant and the direction of the working forces, the
type of products to be manufactured, the location of plants, the schedules of
production, the methods, processes, and means of manufacturing, the
establishment of work and production standards or the revision thereof, and of
reasonable rules and regulations for the conduct of employees, and the
enforcement thereof, and the supervision of the work, together with the right to
hire, discharge, promote, demote, transfer, layoff, or assign work, or in any
other manner effectuate a change in the status of an employee, is the exclusive
function of management, subject only to the limitations as spelled out in this
Agreement.
Uniform Rules and Regulations are attached to and made a part of this
Agreement as Appendage B. Such Rules and Regulations shall prevail in the
application and interpretation of this Article.
12
ARTICLE 15 - TIME OFF TO VOTE
On election days in which national, state or county officials are to be
elected, employees shall be given time off to vote to the extent required by
law. On our Union election day occurring every three (3) years, in which local
Union officials are to be elected the employees shall be given one and one-half
(1 1/2) hours off with pay to vote. It is understood that employees taking time
off shall actually vote, and that the Company may specify the hour of voting.
ARTICLE 16 - SAFETY AND HEALTH
Section 1. The Company shall continue to make reasonable provisions for
the safety and health of its employees at the plant during the hours of
employment. Protective devices or equipment necessary to properly protect
employees from injury shall be provided by the Company.
Section 2. A Safety Committee shall be established consisting of two (2)
employee representatives selected by the Union and two (2) Company
representatives. The Safety Committee shall meet once each three (3) months for
the purpose of a plant tour to inspect the plant, followed by a meeting to
discuss findings of the tour.
ARTICLE 17 - INSURANCE CONTRACT
During the term of this Agreement, the Company will provide employees
covered by this Agreement with insurance benefits under the Xxxx Flex Benefits
Program. Eligibility, deductibles, co-insurance, credits, options and benefits
and all other terms and conditions are set forth in the Xxxx Flex Benefits
Program which is incorporated herein by reference.
Life insurance for individuals who retired prior to 1993 will be
maintained at the level in effect during the 1990-93 Agreement.
The Employer will also provide a sickness and accident program providing
One Hundred Eighty Dollars ($180.00) per week disability income for
non-occupational accident or sickness, which benefits shall begin after eight
(8) days' disability for a period of twenty-six (26) weeks, subject to carrier's
regulations.
ARTICLE 18 - WORK ASSIGNMENTS
The Employer agrees to respect the jurisdictional rules of the Union and
shall not direct or require employees, or persons other than the employees in
the bargaining units here involved, to perform work which is recognized as the
work of the employees in said units.
13
ARTICLE 19 - BONDS
Should the Employer require any employee to give bond, cash bond shall not
be compulsory, and any premium involved shall be paid by the Employer.
ARTICLE 20 - INSPECTION PRIVILEGES
Authorized agents of the Union shall have access to the Employer's
establishment during working hours for the purpose of adjusting disputes.
The agent shall identify himself to Management and he shall not interrupt
the normal procedure of production.
ARTICLE 21 - EXAMINATIONS AND IDENTIFICATION FEES
Section 1. Physical, mental or other examinations required by a government
body or the Employer shall be promptly complied with by all employees, provided,
however, the Employer shall pay for all such examinations. The Employer shall
not pay for any time spent in the case of applicants for jobs but shall be
responsible to other employees for all time spent at the place of examination or
examinations.
The Company reserves the right to select its own medical examiner or
physician, and the Union may, if it believes an injustice has been done an
employee, have said employee reexamined at the Union's expense.
Section 2. Should the Employer find it necessary to require employees to
carry or record full personal identification, such requirement shall be complied
with by the employees. The cost of such personal identification shall be borne
by the Employer.
ARTICLE 22 - DEFECTIVE EQUIPMENT AND
DANGEROUS CONDITIONS OF WORK
No employee shall be compelled to take out equipment that is not
mechanically sound and properly equipped to conform with all applicable city,
state and federal regulations.
All equipment which is refused because it is not mechanically sound or
properly equipped shall be appropriately tagged so that it cannot be used by any
other drivers until the maintenance department has adjusted the complaint.
Under no circumstances will an employee be required or assigned to engage
in any activity involving dangerous conditions of work or danger to person or
property or in violation of any
14
applicable statute of Court Order, or in violation of a Government regulation
relating to safety of person or equipment.
ARTICLE 23 - EMPLOYMENT AGENCY FEES
If employees are hired through an employment agency, the Employer is to
pay the employment agency fee.
ARTICLE 24 - EXAMINATION OF RECORDS
The Local Union and Joint Committee shall have the right to examine time
sheets and any other records pertaining to the computation of compensation of
any individual or individuals whose pay is in dispute.
ARTICLE 25 - COMPENSATION CLAIMS
The Employer agrees to cooperate toward the prompt settlement of employee
on-the-job injury claims when such claims are due and owing. The Employer shall
provide Workmen's Compensation protection for all employees even though not
required by state law.
ARTICLE 26 - SANITARY CONDITIONS
The Employer agrees to maintain a clean, sanitary washroom having hot and
cold running water and clean toilet facilities.
ARTICLE 27 - TRANSFER OF COMPANY TITLE OR INTEREST
This Agreement shall be binding upon the parties hereto, their successors,
administrators, executors and assigns. In the event an entire operation is sold,
leased, transferred or taken over by sale, transfer, lease, assignment,
receivership or bankruptcy proceeding, such operation shall continue to be
subject to the terms and conditions of this Agreement for the life thereof.
ARTICLE 28 - JURY DUTY
An employee in the bargaining unit who is called for jury duty service
shall advise the Company in advance, and if required to serve on a jury, the
employee shall, upon presentation of satisfactory evidence of such jury service
and compensation received therefor, be compensated by the Company for the
difference between jury duty compensation and the employee's normal
straight-time earnings up to a maximum of five (5) working days per contract
year.
Any employee called for jury service shall return to work immediately if
not selected, or when released from service.
15
ARTICLE 29 - PENSION
Effective April 1, 1983, the Company has established a pension plan
providing a retirement benefit based on years of credited service. Effective
March 30, 1987, the retirement benefit was Four Dollars ($4.00) per month per
year of credited service for eligible employees who retired after April 1, 1986,
in accordance with the terms and conditions of the plan agreement. Eligible
employees who retire after an effective date set forth below will receive the
retirement benefit indicated. Employees who have retired prior to an effective
date will not receive the higher benefit effective after such date.
Retirement For Employees Who
Effective Benefit Retire After
--------- ---------- -----------------
2/29/88 $ 5.00 2/29/88
2/27/89 $ 7.00 2/27/89
3/03/90 $ 8.00 3/03/90
3/02/91 $ 8.50 3/02/91
2/29/92 $ 9.00 2/29/92
3/03/96 $10.00 3/03/96
3/02/97 $11.00 3/02/97
3/01/98 $12.00 3/01/98
2/28/99 $14.00 2/28/99
The pension plan agreement and all other related agreements will be
drafted in compliance with existing federal and state law. The pension plan will
credit all continuous past service of employees on the Company's active payroll
on April 1, 1983. Any dispute concerning a present, future or retired employee
over eligibility, credited service, benefits or other matters covered by the
plan shall be resolved solely in accordance with the terms of the pension plan
agreement.
ARTICLE 30 - 401(k) PLAN
Bargaining unit employees will be entitled to participate in a 401(k)
Personal Retirement Savings Plan established by the Employer.
ARTICLE 31 - MISCELLANEOUS PROVISIONS
Section 1. The Company will provide a bulletin board near the time clock
for the Union to post notice of Union meetings, etc.
Section 2. Discrimination. The Company agrees that it will not
discriminate against an employee or applicant for employment for or on account
of his affiliation or activities with the Union, or in any other manner which
constitutes a violation of applicable Federal nondiscrimination law.
16
Section 3. In case of death of mother, mother-in-law, father,
father-in-law, brother, sister, husband, wife or child the Company will grant a
leave of absence with pay from day of death until and including day after the
funeral, not to exceed three (3) working days, provided the employee attends the
funeral services. Leave for death of an employee's Grandparents will be allowed
on the same basis not to exceed one (1) day if the funeral is inside Indiana;
not to exceed three (3) days if the funeral is outside Indiana. The Company may
ask for proof of death.
Section 4. Drivers shall not be allowed to haul any heavy merchandise,
tools, or equipment in the cab of the tractors.
Section 5. No driver shall be allowed to work until they have been off
duty for ten (10) hours.
Section 6. In cases of emergency employees shall be allowed to leave the
premises immediately after notifying his supervisor.
Section 7. If an employee is required by the Company to attend school or
safety meetings, shall be paid for the time spent in such activity at the rate
he would have been earning under this Agreement if he had been working. An
employee who attends school voluntarily or under a voluntary plan set up by the
Company shall not be paid for the time spent in said voluntary attendance.
Section 8. In cases of any breakdowns out of town, the Employer shall pay
the following expenses: Hotel bills, meals, transportation and wages for all
time spent with equipment, unless such breakdown be caused clearly by the fault
or neglect of employee.
Section 9. Whenever there is a charge account and where said account is
sanctioned by the Employer, drivers shall not be held for the validity,
bankability or genuineness of checks, drafts, signatures of endorsements thereon
or counterfeit money received by the driver in payment from the customers,
unless such driver or drivers be instructed not to accept such checks or drafts.
Section 10. No employee shall be held responsible for damage done to
trucks operated by him or merchandise under his charge, except where such
employee is clearly neglectful or at fault.
Section 11. No employee shall be required to work through his lunch
period.
Section 12. At extra men are to be paid at the completion of his work.
Section 13. In case of sickness or injury, the employee shall receive his
former position upon recovery and return to duty, but only if he is physically
fit and able to perform his regular work to the satisfaction of his Employer. To
determine physical fitness, it is agreed that the services of a reputable
physician shall be secured, such physician to be agreed upon by the Union and
the Employer.
17
Section 14. Employees shall be required to use all safety devices and
follow all safety procedures prescribed by the Employer and a failure to do so
shall be cause for appropriate disciplinary action.
Section 15. Each employee shall provide the Company with a current mailing
address and telephone number. Failure to provide this information, or to keep it
current, will result in loss of recall rights, overtime rights, reporting or
call-in pay, or any other rights or benefits provided by this Agreement which
might require notice by the Employer to an employee.
Section 16. The Company agrees to make payroll deductions as authorized by
an employee in writing and in accordance with applicable law, for the purpose of
deposit with the individual employee's account with the Finance Center Federal
Credit Union. Deductions will be made on a weekly basis and will be submitted to
the Finance Center Federal Credit Union monthly within seven (7) days following
the close of each month.
Section 17. The Company agrees to furnish a copy of the Agreement to all
non-probationary employees. Each employee receiving a copy of said Agreement
will be required by the Company to sign a receipt for the Agreement which will
be furnished by the Company. The shift xxxxxxx will be responsible for
distribution of the Agreement and will obtain a properly dated and signed
receipt from each recipient, said receipt to be returned to the plant manager of
the Company.
ARTICLE 32 - DURATION OF AGREEMENT
Section 1. This Agreement shall be in full force and effect from March 3,
1996, to and including February 26, 2000, and shall continue from year to year
thereafter unless written notice of desire to cancel or terminate the Agreement
is served by either party upon the other at least sixty (60) days prior to
date of expiration.
Section 2. Where no such cancellation or termination notice is served and
the parties desire to continue said Agreement but also desire to negotiate
changes or revisions in this Agreement, either party may serve upon the other a
notice at least sixty (60) days prior to February 26, 2000, or February 26 of
any subsequent contract year, advising that such party desires to revise or
change terms or conditions of such Agreement.
Section 3. Revisions agreed upon or ordered shall be effective as of
February 27, 2000, or February 27 of any subsequent contract year. The
respective parties shall be permitted all legal or economic recourse to support
their requests for revisions if the parties fail to agree thereon.
Section 4. In the event of an inadvertent failure by either party to give
the notice set forth in Sections 1 and 2 of this Article, such party may give
such notice at any time prior to the termination or automatic renewal date of
this Agreement. If a notice is given in accordance with
18
the provisions of this Section, the expiration date of this Agreement shall be
the sixty-first (61st) day following such notice.
The mailing address of the Union is 0000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx,
Xxxxxxx, 00000.
The mailing address of the Company is 0000 Xxxxxxx Xxxxx, Xxxxxxxxxxxx,
Xxxxxxx, 00000.
Dated and executed this 2nd day of April, 1996.
FOR THE COMPANY FOR THE UNION
XXXX WHOLESALERS, CHAUFFEURS, TEAMSTERS,
INDIANAPOLIS, INC. WAREHOUSEMEN & HELPERS,
LOCAL UNION NO. 135
/s/ F. Xxxxxx Xxxxxx /s/ Xxxxx Xxxxxx
------------------------ ----------------------
/s/ Xxxxxxx Xxxxxxxxx
---------------------
/s/ Xxxxxx X. Xxxxxx
--------------------
/s/ Xxxx X. Xxxx
----------------
19
APPENDAGE "A"
Wage Rates
The minimum hourly rates for the classifications of work covered by this
Agreement shall be as follows, except as discussed below:
3/03/96 3/02/97 3/01/98 2/28/99
------- ------- ------- -------
Truck Drivers $12.15 $12.45 $12.75 $13.15
Unit Assemblers $12.00 $12.30 $12.60 $13.00
Material Handlers/
Receivers $12.00 $12.30 $12.60 $13.00
A new employee (hired on or after March 3, 1996) shall be paid not less
than Seven Dollars and Fifty Cents ($7.50) per hour starting rate. New employees
shall receive not less than a thirty cent ($.30) per hour increase each three
months until reaching the full regular hourly rate of the classification to
which he is assigned.
A shift differential of twenty cents ($.20) per hour shall be paid for any
shift other than the regular day shift.
Employees designated as "leadmen" by the Company shall be paid twenty
cents ($.20) per hour over the highest rated classification he leads.
Supplemental employees shall be paid not less than Five Dollars and Fifty
Cents ($5.50) per hour during the life of this Agreement.
If it is necessary under federal law to obtain approval before putting
into effect the increased wage rates and/or fringe benefits during the second
and/or third years of this Agreement, the parties will cooperate fully in this
effort. In addition, if the approval is not received until after the anniversary
date of the Agreement, the amount approved will be paid retroactively. If part
of the settlement is disallowed, but is subsequently permitted by law, that part
will be put into effect at such later time, but not retroactively.
20
APPENDAGE "B"
Uniform Rules & Regulations
The following rules and regulations and the penalties to be charged for
their violation are placed in effect with the approval of the Union and Company
so that all employees may know what duties are required of them in the general
conduct of the Company's business.
The Company reserves the right, upon proper notification of the Union, to
revise the Rules and Regulations listed herein. And the Union has the right to
contest, through the grievance procedure, the reasonableness of any such
revision by the Company.
1. ACCIDENTS
(a) Major Chargeable First Offense - Subject to Discharge
(b) Minor Chargeable - First Offense - Reprimand
Less than $5,000 Second Offense - 3 Day Layoff
cumulative damages Third Offense - Subject to Discharge
to all persons and/or
property involved
(c) Failure to report First Offense - Reprimand
all accidents Second Offense - Subject to Discharge
promptly and per-
xxxxx injury or
major accident
immediately
(d) Failure to exercise First Offense - 3 day layoff
proper care in Second Offense - 1 week layoff
handling air hose Third Offense - Subject to Discharge
and other hazardous
equipment
2. EQUIPMENT
(a) Failure to report First Offense - Reprimand
mechanically Second Offense - 3 day layoff
defective conditions Third Offense - Subject to Discharge
of equipment
(b) Willful damage to First Offense - Subject to Discharge
21
Company equipment or
property
3. CONDUCT
(a) Drinking or the First Offense - Subject to Discharge
possession or use of
alcohol or illegal
drugs on duty or on
Company property
(b) Drinking or the use First Offense - loss of day
of illegal drugs Second Offense - 1 week layoff
prior to reporting Third Offense - Subject to Discharge
for duty where
employee's condition
is such that it may
affect the proper
performance of his
duties
(c) Failure to pass a First Offense - Subject to Discharge
drug test/screen
imposed by DOT
regulations
Note: An employee who is subject to discharge under this rule will be
given one opportunity to enroll (at the employee's expense or covered by
insurance if applicable) in a mutually agreeable drug rehabilitation
program. If the employee successfully completes the program within the
time schedule accepted at the outset of the program, the employee will be
reinstated with time off from work treated as a medical leave. Any
subsequent failure to pass a drug test/screen or any other drug-related
violation will be grounds for discharge without recourse to
rehabilitation.
(d) Discourtesy to First Offense - Verbal reprimand
customers with written record to employee
Second Offense - Written reprimand
Third Offense - 3 day layoff
Fourth Offense - Subject to Discharge
(e) Failure to punch First Offense - Reprimand
time card Second Offense - 3 day layoff
22
Third Offense - Subject to Discharge
(f) Punching time card First Offense - Subject to Discharge
of another employee
(g) Employees must be in First Offense - Reprimand
their assigned place Second Offense - 3 day layoff
and ready for work Third Offense - Subject to Discharge
at their scheduled
starting time
including rest
periods, otherwise
valid cause must be
shown
(h) Disobeying of order First Offense - Reprimand
from qualified Second Offense - 3 day layoff
personnel Third Offense - Subject to Discharge
(i) Inaccurate loading First Offense - Reprimand
and unloading or Second Offense - 3 day layoff
checking, or Third Offense - Subject to Discharge
careless handling
resulting in damage
to, or loss of
freight
(j) Filing of false or First Offense - Subject to Discharge
incomplete employ-
ment application
(k) Employees will be First Offense - Reprimand
allowed on the Second Offense - 3 day layoff
premises only during Third Offense - Subject to Discharge
their respective
working hours.
Employees when
finished work shall
leave the premises.
(l) Fighting (Aggressor) First Offense - Subject to Discharge
(m) Dishonesty First Offense - Subject to Discharge
23
(n) Recklessness First Offense - Subject to Discharge
resulting in serious
accident
(o) Carrying of un- First Offense - Subject to Discharge
authorized pas-
sengers or illegal
weapons
(p) Gross insubordina- First Offense - Subject to Discharge
tion
(q) Horseplay, practical First Offense - Verbal reprimand
jokes, scuffling, with written record to employee
running or throwing Second Offense - Written Reprimand
things
Third Offense - 3 day layoff
Fourth Offense - Subject to Discharge
4. REPORTS
(a) Failure to make out First Offense - Reprimand
reports Subsequent - 3 day layoff
Offenses
(b) Failure to advise First Offense - Reprimand
department head of Subsequent - 3 day layoff
any change of Offenses
address
5. ATTENDANCE
(a) Absent for three Voluntary Quit
successive working
days without
notification
(b) Failure to notify First Offense - Reprimand
authorized Company Second Offense - 3 day layoff
personnel before his Third Offense - Subject to Discharge
regular show up time
when unable to report
for duty
24
s
(c) Reporting late for First Offense - Reprimand
work, without a Second Offense - Second Reprimand
valid cause
Third Offense - Loss of day
Fourth Offense - 3 day layoff
Fifth Offense - Subject to Discharge
(d) Absent one or two First Offense - Reprimand
successive work days Second Offense - 1 day layoff
without notice. Third Offense - 3 day layoff
Penalty will not Fourth Offense - Subject to Discharge
apply when satisfac-
tory proof is given
that notification by
employee was not
possible
(e) Chronic unexcused First Offense - Subject to Discharge
absenteeism
6. MISCELLANEOUS
(a) Penalty for three minor offenses Subject to 3
in a 60 day period (See Note #l) Day Layoff
(b) Penalty for three major offenses Subject to
(See Note #2) Discharge
Each minor offense against any employee's record that is over nine (9)
months old shall be forgiven and the employee's record wiped clean.
Each major offense against any employee's record that is over nine (9)
months old shall be forgiven and the employee's record wiped clean.
The forgiveness period shall be one (1) year for violation of Rules 5(b),
5(c), and 5(d).
Note 1: A minor offense is defined as one for which the penalty is a
reprimand.
Note 2: A major offense is defined as one for which the penalty is
disciplinary time off.
These rules do not supersede violations specifically outlined in the body
of the collective bargaining agreement.
25
APPENDAGE "C"
Driver Route Assignments
A tentative route schedule will be posted on the Thursday before the first
full week of each calendar quarter, listing available routes or route
combinations for the following month by general destination or area served, and
showing the starting time. Drivers will be permitted to bid their preference for
available driving assignments in accordance with their seniority. It is
understood that the driving schedule may subsequently be changed, routes may be
added or subtracted or rerouted, and drivers my be reassigned routes or portions
thereof, due to customer demands, weather conditions, absenteeism, or other
factors.
To be qualified to bid on a "country run" generally outside Xxxxxx and
adjacent counties) a driver must be qualified to operate all available
equipment. Drivers qualified for "country runs" may also bid on city or local
runs if there are enough remaining qualified drivers for other runs.
Driver Meal Allowances
Lunch. Each driver assigned to a scheduled bid run may take a one-half
hour paid lunch break.
Dinner. Each driver assigned to a scheduled bid run whose run requires
that the driver work past 8:00 p.m. may take a one-half hour paid supper break.
Overnight. Drivers assigned to overnight runs will receive a meal
allowance ($3.50 breakfast, $4.00 lunch, $5.00 dinner) and forty dollars ($40)
lodging allowance for each overnight stay. Breakdowns will continue to be
covered by Article 31, Section 8.
26
APPENDAGE "D"
Vacation Service Credit
Effective March 3,1996
Vacation Service Credit
Name Seniority (Date/Total)
---- --------- -----------------------
Wm. Freitag 01-06-71 1-1-71 25 years
X. Xxxxxx 01-31-72 1-1-72 24 years
X. Xxxxx 03-20-72 1-1-72 24 years
X. Xxxxxx 04-18-73 1-1-73 23 years
X. Xxxxxxx 11-29-73 1-1-73 23 years
X. Xxxxxx 04-17-74 1-1-74 22 years
X. Xxxxxxx 07-09-75 1-1-75 21 years
X. Xxxxxx 02-19-76 1-1-76 20 years
X. Xxxxxx (LOA) 05-03-77
X. Xxxx 04-30-84 1-1-84 12 years
X. Xxxx 09-16-85 1-1-85 11 years
X. Xxxxxxxx 06-01-87 1-1-88 8 years
X. Xxxxxx 03-09-88 1-1-89 7 years
X. Xxxx 07-05-88 1-1-89 7 years
X. Xxxxxx 03-06-89 1-1-90 6 years
X. Xxxxxxxx 05-29-89 1-1-90 6 years
X. Xxxxxx 05-24-90 1-1-91 5 years
X. Xxxxxx 02-22-93 1-1-94 2 years
X. Xxxxx 02-14-94 1-1-95 1 year
X. Xxxxxxxx 02-21-94 1-1-95 1 year
X. Xxxx 05-16-94 1-1-95 1 year
S. Naughle 07-05-94 1-1-95 1 year
X. Xxxxxx 07-08-94 1-1-95 1 year
X. Xxxxxxxxx 12-05-94 1-1-95 1 year
X. Xxxxx 02-20-95 1-1-96 0 year
T. Cross 02-27-95 1-1-96 0 year
X. Xxxxx 03-06-95 1-1-96 0 year
X. Xxxx 03-22-95 1-1-96 0 year
X. Xxxxxxxx 05-01-95 1-1-96 0 year
X. Xxxxxxxx 09-15-95 1-1-96 0 year
X. Xxxx 10-09-95 1-1-96 0 year
J. Pounds 10-18-95 1-1-96 0 year
X. Xxxxx 10-30-95 1-1-96 0 year
27
APPENDAGE "E"
Notice of Temporary Recall Procedure
This notice will set forth a procedure for immediate recall of seniority
employees if short-term work becomes available on day-to-day basis during a
period of indefinite work reduction. It is possible that short-term work needs,
such as unusual loading schedules, unexpected deliveries or customer orders,
will occur. Normally, such needs have been covered by supplemental employees.
The Company is obligated to offer this work to seniority employees on layoff
before any supplemental employees are hired, and this letter will set forth an
understanding concerning the proper procedure to do so. Supplemental employees
or seniority employees who are called in for short-term work assignments under
this procedure will not be permitted to work more than twenty-four (24) hours in
any week, nor will the Company utilize supplemental or seniority employees for
an overall total of more than 24 hours per week for more than four (4)
consecutive weeks in any contract year.
Step 1. Before the layoff, the Company will obtain from each laid-off
employee a current telephone number at which the employee can
be immediately reached. Laid-off employees must notify the
Company of any change in this telephone number.
Step 2. If short-term work becomes available, laid-off employees will
be called by seniority and will be offered the available work.
Unless they are given formal notice of recall, seniority
employees may decline such short-term work assignments. An
employee who cannot be reached at the telephone number on
record will be deemed to have declined that short-term work
assignment, but will be called for any future short-term work
assignments. The Company will attempt to reach an employee for
at least two hours if the short-term work assignment is known
prior to the day it is available, and only on the day it is
available.
28
Step 3. If all the employees on layoff decline a short-term work
assignment, the Company will notify the Union and will give
the Union equal opportunity with all other sources to provide
suitable supplemental employees.
Step 4. In the event of a general upturn in business which requires a
recall of seniority employees on layoff, the employees will be
given formal notice of recall by certified mail under Article
6, Section 7.
It is understood that the Company will not utilize supplemental employees
for short-term work assignments if a four (4) day workweek has been scheduled
under Article 6, Section 6. However, in this situation, seniority employees who
are on their scheduled day off under a four (4) day workweek, and any seniority
employees laid off as such, may be called for additional short-term work
necessary on that particular day, subject to this procedure.
Laid off employees who accept a short-term work assignment offered under
this procedure will not be entitled to reinstatement of coverage under the
Company's insurance programs or pension plan, but a short-term assignment will
break the employee's period of continuous layoff under Article 6, Section 7(c)
(Loss of Seniority). A short-term assignment will count as hours of work for
vacation eligibility under Article 8, Section 1(c)(1400 hour minimum), and such
employees will be entitled to premium pay for any actual work on a holiday, and
for holiday pay if a holiday occurs during a short-term assignment and if the
employee is otherwise qualified under Article 7, Section 6 (work on the
employee's scheduled day before and after the holiday).
29
