EXHIBIT 10.23
WORKING AGREEMENT
BETWEEN
LODGE 2164
INTERNATIONAL ASSOCIATION OF
MACHINISTS & AEROSPACE WORKERS
(AFL - CIO)
AND
THE IMPERIAL ELECTRIC COMPANY
AKRON, OHIO
AND
EFFECTIVE
JUNE 28, 1995
TO
JUNE 27, 2000
AKRON FACTORY WORKING AGREEMENT
TABLE OF CONTENTS
ARTICLE TITLE PAGE NO.
Preamble - - - - - - - - - - - - - - - - - - - - - - - 1
I Recognition - - - - - - - - - - - - - - - - - - - - - 1
II Union Shop - - - - - - - - - - - - - - - - - - - - - - 1
III Check-Off - - - - - - - - - - - - - - - - - - - - - - 1
IV Hours of Employment- - - - - - - - - - - - - - - - - - 2
V Wages- - - - - - - - - - - - - - - - - - - - - - - - - 4
VI Seniority- - - - - - - - - - - - - - - - - - - - - - - 7
VII Holidays - - - - - - - - - - - - - - - - - - - - - - - 12
VIII Leaves of Absence- - - - - - - - - - - - - - - - - - - 14
IX Rules and Disciplinary Action- - - - - - - - - - - - - 16
X Discharge of Employees - - - - - - - - - - - - - - - - 16
XI Management Prerogatives- - - - - - - - - - - - - - - - 17
XII Productivity - - - - - - - - - - - - - - - - - - - - - 17
XIII Wash-Up Time - - - - - - - - - - - - - - - - - - - - - 18
XIV Information- - - - - - - - - - - - - - - - - - - - - - 18
XV ▇▇▇▇▇▇▇ Time - - - - - - - - - - - - - - - - - - - - - 19
XVI Grievance Procedure- - - - - - - - - - - - - - - - - - 19
XVII Arbitration- - - - - - - - - - - - - - - - - - - - - - 21
XVIII Omitted- - - - - - - - - - - - - - - - - - - - - - - - 21
XIX Progression- - - - - - - - - - - - - - - - - - - - - - 22
XX Injured ▇▇▇▇▇▇▇- - - - - - - - - - - - - - - - - - - - 23
XXI Vacations- - - - - - - - - - - - - - - - - - - - - - - 23
XXII Safety and Health- - - - - - - - - - - - - - - - - - - 26
XXIII Casual Help and Student Salesmen - - - - - - - - - - - 27
XXIV Bulletin Boards- - - - - - - - - - - - - - - - - - - - 27a
XXV Strikes- - - - - - - - - - - - - - - - - - - - - - - - 27a
XXVI Insurance- - - - - - - - - - - - - - - - - - - - - - - 28
XXVII Supervision- - - - - - - - - - - - - - - - - - - - - - 29
XXVIII Employee Benefit Plan- - - - - - - - - - - - - - - - - 30
XXIX Jury Duty - - - - - - - - - - - - - - - - - - - - - - 32
XXX Funeral Pay- - - - - - - - - - - - - - - - - - - - - - 32
XXXI Retirement - - - - - - - - - - - - - - - - - - - - - - 32
XXXII General- - - - - - - - - - - - - - - - - - - - - - - - 33
XXXIII Termination- - - - - - - - - - - - - - - - - - - - - - 33
Equal Opportunity Clause - - - - - - - - - - - - - - - 33
Wage Structure - - - - - - - - - - - - - - - - - - - - 34
Basic Groups Classification & Rates- - - - - - - - - - 36
Letterof Understanding - - - - - - - - - - - - - - - - 37
PREAMBLE
This Agreement made and entered into at Akron, Ohio on this 28th day of June,
1995 by and between the Imperial Electric Company of Akron, Ohio and the
International Association of Machinists & Aerospace Workers (AFL-CIO) and its
affiliated Lodge 2164, hereinafter referred to as the Union. The words used in
this Agreement in the masculine gender shall include the feminine.
That in consideration of the mutual performance and good faith by both parties
to this Agreement, individually and collectively, the said parties hereby and
with each other agree as follows:
ARTICLE I - RECOGNITION
SECTION 1
The Company recognizes the Union as the exclusive collective bargaining agent
for all hourly rated factory employees at its plant at Akron, Ohio, exclusive of
supervisors; foremen; working foremen, not exceed five (5) executives;
superintendents; salesmen or student salesmen, for the purpose of collective
bargaining with respect to wages, rate of pay, hours of employment and working
conditions. "Temporaries" mentioned in Article XXVII Section 2 are excluded
from Union per Paragraph 2, Section 2.
ARTICLE II - UNION SHOP
SECTION 1
It is mutually agreed between the Company and the Union, as a condition of
employment, that all present employees shall become members of the Union thirty
(30) calendar days after the execution of this Agreement and shall remain
members in good standing in the Union. All new employees shall become members of
the Union thirty (30) calendar days, as verified by time cards showing the
employee's attendance, after the date of their employment and shall remain
members in good standing as a condition of employment.
To remain members in good standing in the Union, all members must keep all
obligations paid to the Union, such as monthly dues, initiation fees,
reinstatement fees and assessments.
In the event two (2) or more employees are hired and got to work on the same
day, seniority will be determined alphabetically according to the last name.
Subsequent last name changes will not effect seniority standing.
SECTION 2
Upon notice to the Company from the Union that an employee is not in good
standing in the Union, as defined in Section 1 of this Article, the Company will
terminate his/her employment. The Company shall not be obligated to terminate
the employment of any employee at the request of the Union for any other reason.
ARTICLE III - CHECK OFF
SECTION 1
The Company shall deduct from the second pay check of each month, including
vacation pay, the Union dues of all Union members.
SECTION 2
The Company shall also deduct from the pay check of any new or reinstated
employee the initiation fee of such new employee or the reinstatement fee of
such reinstated employee. All such fees shall be uniform for all employees at
any given time.
The Company shall also deduct any legal assessments which are authorized in
writing by Lodge 2164 or by the Grand Lodge of the International Association of
Machinists & Aerospace Workers.
Page 1
SECTION 3
Any and all deductions made by the Company must be authorized in writing by each
individual employee, and such authorization shall continue until revoked, and
may be revoked only at the time and in the manner provided below.
Such authorization shall be irrevocable for a period of one year from the date
appearing on each individual authorization card or until the expiration of the
Agreement between the Company and the Union (whichever is sooner).
Such authorization shall be irrevocable for the term of the contract from the
date appearing on each individual authorization card.
Revocation shall be effective only if the employee gives the Union written
notice by individual registered mail, return receipt requested and it is
received and postmarked during the period specified above.
SECTION 4
All Monies deducted by the Company under the provisions of this Article will be
remitted by check to the Treasurer of the Union within fifteen (15) calendar
days after the deductions are made.
SECTION 5
It is understood and agreed that the Union shall have the right to change the
amount of the dues by giving the Company notice of the change in writing.
All dues, initiation fees, reinstatement fees and assessments shall be the same
for all employees at any given time.
ARTICLE IV - HOURS OF EMPLOYMENT
SECTION 1
The regular work week shall be from 12:01 A.M. Monday to 12:00 midnight Friday,
forty (40) hours per week eight (8) hours per day.
SECTION 2
All work performed in excess of forty (40) hours in any week shall be paid for
at one and one half (1 1/2) times the regular straight time rate.
SECTION 3
Employees shall not claim, or be entitled to, overtime on both daily and weekly
basis.
SECTION 4
Employees who work on Saturday shall be paid at the rate of one and one-half
(1 1/2) times their regular straight-time rate after 40 hours. However, it is
understood and agreed that the Company shall not be obligated to work an
employee on Saturday if the employee has been absent from his work during that
week.
If an employee has been absent and the absence has been occasioned by any of the
following reasons, the absence shall not then be used to deprive the employee of
Saturday work. It is understood and agreed that absence occasioned by any of the
following shall be considered excusable absence; however, in each and every case
the burden of proof rests entirely with the employee.
A. One of the holidays recognized as falling under the scope of this Agreement.
B. If an employee reports to the plant at his/her regular time and without prior
notice to report, is sent home by reason of lack of work. Reasons beyond the
control of the Company, such as fire, flood and other Acts of God being
excluded.
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C. Personal illness with proof. Doctor's certificate required if absent three
(3) days or more.
D. Death in the immediate family.
E. Time actually spent on summons to jury duty.
F. Absence of veterans occasioned by their appearance before examining boards
of, or designated by the Veteran Administration.
G. Union business.
H. Court appearance.
SECTION 5
All work performed on the holiday recognized as falling under the scope of this
Agreement shall be paid for at two (2) times the regular straight time rate, and
all work performed on Sundays shall be paid for at twice (2) the regular
straight time rate. This section does not apply to Watchmen.
SECTION 6 - Omitted
SECTION 7
Any employee notified to report for work and who reports for work but is refused
employment at the time designated, unless the employee is physically unfit for
work, shall be given four (4) hours work or four (4) hour pay at the rate
applicable had they worked. This Section shall not apply where work is not
available by reason or causes beyond the Company's control, such as: power
failure, fire, flood, strike or Act of God; nor where the employee is prevented
from working by reason or causes beyond the Company's control, such as: power
failure, fire, flood, strike or Act of God. This provision does not apply to
Watchmen.
Employees called in to work outside of their regular hours shall receive two (2)
hours pay at the rate applicable had they worked, providing the employee is
physically fit to work. This Section shall not apply where work is not available
by reason or causes beyond the Company's control, such as: power failure, fire,
flood, strike or Act of God.
SECTION 8
The Company shall make every effort to reasonably equally divide all overtime
among employees who are classified in the same job classification.
Nothing in this Section is intended to obligate the Company to work overtime
hours, nor shall the Company be required to offer overtime work to any employee
who is not qualified to perform the work on the job that is being worked
overtime.
Where employees have been transferred to a new job, the Company will not be
obligated to offer them overtime work until they have been on the new job sixty
(60) calendar days.
SECTION 9
When the Company wished to have an employee work beyond his regular quitting
time, the Company will make every attempt to give advance notice where possible.
Since overtime was deemed to not be mandatory, then no posting is required.
SECTION 10
Any employee reporting for work from one (1) to fifteen (15) minutes late will
be "docked" ten (10) minutes. Beyond this, the employee shall be paid for the
actual time worked. Habitual tardiness on the part of any employee will be cause
for discipline and such cases will be handled under provisions of Article IX.
SECTION 11 - Omitted
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ARTICLE V - WAGES
SECTION 1
The basic wage structure, as outlined on Pages 34,35, & 36 shall remain in
effect for the duration on this Agreement.
SECTION 2
The minimum hiring rate shall be at the disposal of the Plant Manager with the
range being as follows: (See Letter of Understanding)
June 1995 to June 1999 - $5.40 & Up
At no time shall the new hires be paid above the pay scale of new hires already
employed at this location except when new hire is hired for specific job
requiring higher skills or more experience than normally required.
SECTION 3 For Progression Rate refer to Article XIX.
SECTION 4 - Omitted
SECTION 5
A night shift premium of twenty-five (25) cents per hour will be included in the
starting wage and carried throughout the employee's time on 2nd or 3rd shift.
The top of the rate will not include a night shift premium. Note: Since the
night premium of twenty-five (25) cents will be added to the employee's wages
from hiring through the time he/she reaches the top of rate. (Top of rate will
not include night premium). It is to be noted that the time required from
starting to top of rate is about twenty-five (25) months on average.
SECTION 6
It is agreed that before the installation of incentive plan, the Company and the
Union shall mutually agree on the terms and conditions thereof.
SECTION 7
The Company shall pay its employees on Friday of each week by check. Barring
circumstances beyond its control, the Company will continue to pay day shift
employees before noon on Friday and afternoon shift employees on Thursday night.
SECTION 8
When an employee is laid off, the laid off employee shall receive all money due
him by the Company within twenty-four (24) hours of the time of his lay-off,
with the exception of his vacation money, which will be held until the following
June 1st, providing the employee is still laid off according to the contract and
providing all tools and other property of the Company, which the employee may
have in his possession, have been surrendered to the Company.
When an employee is dismissed or discharged, apply the above paragraph for all
monies due him, except for vacation pay use Article XI, Section 9.
Employees shall, if possible, give the Company five (5) days notice before
quitting. If an employee gives less than five (5) days notice, then the Company
shall not be obligated to give him his pay before five (5) days from the date of
notice.
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SECTION 9
When an employee is permanently upgraded from a lower paying job to a higher
paying job, the employee's present rate will be transferred to the new job and
continue to increase in that new job at the rate specified for that new job as
long as all the conditions in this contract are met.
When an employee works on a job other than his regular classified job thirty
(30) full continuous days worked, or 240 hours worked, whichever comes first,
and while working thereon he/she is permanently classified on it, he/she will
then be transferred to the job and continue to increase in that new job at the
rate specified for the new job as long as all the conditions in this contract
are met.
Page 5
In the event an employee is permanently down-graded from a higher paying job to
a lower paying job, and in the event the employee has had no experience on the
lower paying job, then the employee's rate of pay shall be reduced on the day of
his transfer to the minimum rate of the lower paying job to he has been down-
graded, except that if the employee is down-graded from a job with a rate equal
to the maximum of the radial drill press rate or greater to one of the jobs
listed below, he shall receive the maximum of the rate of such job at the time
of transfer: *See Letter of Understanding on existing elevator employees.
Trucking (all departments)
Bench Hand (all departments)
Clean and Dip Stators and Coils
Paint Sprayer
Paint Castings
Clean and Paint
Crate Builder
Truck Driver
Sweeper
If the employee has had previous experience on the job to which he is assigned,
the Company shall determine his/her rate in light of his/her previous
experience, and the employee shall have the right to process a grievance if
he/she feels his/her rate has not been correctly established.
SECTION 11
In the event an employee is permanently down-graded or up-graded to a job
classification on which he/she formerly worked, then the employee shall take the
same relative position, percentage wise, in the rate range of the job to which
he/she is being down-graded or up-graded as he/she held at the time he/she was
last formerly classified on that same job.
SECTION 12
(REPLACED BY PROGRESS INFORMATION ON CHART PG. 36 & ARTICLE V, SEC. 9)
If an employee is permanently up-graded to a job which has a higher maximum rate
than the job which he/she presently holds, and if in the opinion of the Company,
the employee has had insufficient experience on the new job, then his/her rate
shall be decreased on the day of his/her transfer to the minimum of the rate
range on the job to which he/she is being up-graded. He/she shall then be
eligible for increases in accordance with the established practice of granting
merit increase as an employee learns his/her new work.
SECTION 13
The Company and the Union understand and agree that from time to time
production requirements and other conditions over which neither has any control
may make it necessary to effectuate temporary adjustments in the working force.
When an employee is temporarily transferred to a higher paying job, he/she shall
retain his/her lower rate until such time as he/she has worked on the higher
paying job a total of two hundred twenty (220) hours within a period of nine (9)
consecutive months following the date of his/her first temporary transfer to
such job. Nothing in this Section is intended to limit or restrict the Company
in making temporary transfers regardless of their length or frequency.
SECTION 14
In cases where an employee is transferred or down-graded, and if at the time of
his/her transfer the Company states that the transfer is permanent, the
employee's rate shall then be immediately adjusted to the rate of the job to
which he/she is being transferred in accordance with the provisions of this
Article. If, after accepting the reduction in his/her pay the Company up-grades
this employee back to his/her former job in a shorter period of time than would
have been considered temporary (30 calendar days), then the employee will
receive an adjustment equal to the rate he/she would have received had his/her
rate not been reduced by virtue of the permanent transfer.
Page 6
SECTION 15
Employees who have been permanently transferred from a higher paying job to a
lower paying job and have taken the corresponding rate reduction and are later
transferred back to the higher rated job on a temporary basis will then receive
the higher rate of pay for the time actually spent doing the higher paying job.
SECTION 16
In the event the Company finds it necessary to reclassify an employee to a lower
paying job then the affected employee shall have the right to accept the
downgrade or in cases where his/her hourly rate is reduce in excess of twenty-
cents ($0.20) per hour, he/she may request an involuntary layoff.
Any employee who takes such a layoff shall not be subject to recall to any job
except that a job which he/she was holding prior to the proposed down-grade.
However, if, after an employee elects to take an involuntary layoff, a job
becomes available which was not available at the time the employee elected to be
laid off, then such laid-off employee shall have the right to bid on any such
opening provided the job opening pays the same rate or higher than the rate of
the job on which the employee was working at the time he/she was laid off. Such
employee shall accumulate seniority during such layoff for a period of the time
equal to his/her seniority on the date of his/her layoff, but in no case longer
than twenty-four (24) months.
SECTION 17
The Basic wage structure as outlined on Pages 34, 35, 36, 37 and 38 includes the
wage increases which become effective on June 28, 1995.
ARTICLE VI - SENIORITY
SECTION 1
All new hourly employees covered by this Agreement shall be considered temporary
until they have worked thirty (30) calendar days for the Company on a job
included in the bargaining unit. The thirty (30) calendar days worked may be
extended an additional fifteen (15) calendar days by the Company notifying the
Union Committee of their intention. If at the end of this probationary period
the employee's services are found satisfactory his/her seniority shall then date
from the first day of his/her employment.
It is understood and agreed that the Company may, at its sole discretion,
terminate the services of any employee before the expiration of his/her
probationary period and neither the Union nor the employee shall have the right
to process a grievance over any such termination or discharge. Such separation
notices shall read "did not satisfactorily pass probationary period."
SECTION 2
All hourly rated employees who have acquired a seniority status shall work on a
straight plant-wide seniority basis with the Company, providing the employee has
the ability to perform the work available.
SECTION 3
In the laying off of employees or in the recalling of laid off employees the
elected and installed Union Committee of the Local Union, not to exceed a total
of three (3), shall hold seniority rights over all other employees, including
stewards for the period of their elected term of office. This Section applies
only to the Union Committee who are employees of the Company and further applies
only in the case of layoff. Should employment increase to the extent that a
Lodge is reestablished of Imperial Electric Company employees, the language
shall revert back to that of the 1978-1981 Agreement.
Page 7
SECTION 4
In decreasing the working force within a department group, the elected and
installed ▇▇▇▇▇▇▇ within the department group shall hold seniority rights over
all other employees, except the Union Committee described above, and working
foremen, providing the ▇▇▇▇▇▇▇ can perform the work which is available. The
Section applies only in cases of permanent layoff and a departmental ▇▇▇▇▇▇▇
shall not have the right to hold any particular job in his/her department over
an employee with more seniority. Neither shall he/she have the right to exercise
seniority preference in any department group other than the one in which he/she
serves as ▇▇▇▇▇▇▇
-The elevator products group shall have one ▇▇▇▇▇▇▇.
-The P.M. products group shall have one ▇▇▇▇▇▇▇
-The second shift shall have one ▇▇▇▇▇▇▇, third shift shall have one
▇▇▇▇▇▇▇.
When any of the above groups reaches 20 employees, a reassignment of an existing
▇▇▇▇▇▇▇ should be made to reduce the number of employees per ▇▇▇▇▇▇▇, but no new
stewards other than mentioned above will be acme
SECTION 5
Nothing in Sections 3 and 4, shall obligate the Company to retain in their
employ any Union official or ▇▇▇▇▇▇▇ who is not qualified to perform the work
available. The provisions of Sections 3 and 4 apply only to those officers and
stewards whose names appear on the latest roster submitted by the Union to the
Company.
SECTION 6
In the event of a permanent layoff, all employees shall be laid off in reverse
order to that in which they were hired except as provided in Sections 3 and 4
above. However, it is understood and agreed that nothing in this Section of this
Article shall obligate the Company to continue the employment of any employee
who cannot perform the work available in a reasonably efficient manner.
In such a case where an employee bumps an older employee with less seniority,
the Company has the right to make the decision to let the employee do so
according to experience and ability to do the job with no responsibility to
train the employee for the job that he/she is bumping into.
SECTION 7
When re-hiring takes place, all former employees who have acquired seniority
status and who have been laid off will be recalled in the reverse order to that
in which they were laid off, providing the recalled employee can do the work
available.
SECTION 8
Departmental layoffs, not to exceed five (5) working days, can be made at the
discretion of the Company. Such layoffs shall be restricted so that any one
employee shall not be given more than three (3) temporary layoffs totaling
fifteen (15) working days during any contract year.
Seniority shall not be applicable in cases of temporary layoff, however, it is
agreed that a Union ▇▇▇▇▇▇▇ or committee man shall be retained on any floor
during a period of temporary layoff, providing other employees represented by
the Union are working on that floor.
SECTION 9
In the event a job is created or a vacancy occurs, the new job or vacancy will
be filled either under the provisions of Section 18 or Section 19 of this
Article. However, in cases where layoffs or cut-backs are in progress, employees
affected will move back to their former job or a job that they can perform in a
reasonably efficient manner and in accordance with their seniority. In such
cases the job posting procedure outlined under Section 19 shall not apply.
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SECTION 10
If an employee is transferred under the provisions of SECTION 9 above, the
Company shall not be obligated to give the employee more than a thirty (30)
calendar day trial period. If at the end of this thirty (30) calendar day period
the Company feels that the employee is not qualified to do the work, then the
employee shall be transferred back to his/her former job classification.
SECTION 11
Seniority shall be broken for the following reason:
A. Voluntarily quitting.
B. Dismissal for cause.
C. Overstaying leave of absence. Item F of this Article VI, SECTION 11, shall
be applicable prior to seniority being broken.
D. Failure to return to work after proper notification as provided herein.
E. All employees hired after December 1, 1963, who work one year or less shall
have their employment terminated after a layoff equal to the time actually
work. Employees who work more than one year shall retain their seniority in
layoff for 24 months.
F. Absence of four (4) calendar days without reporting to the Company except
for good and sufficient cause which the Company deems fit to accept.
SECTION 12 - Omitted
SECTION 13
The Union and the employees involved will be given at least five (5) calendar
days notice of any pending permanent layoff. However, this provision does not
apply to temporary layoff of employees. During the five (5) calendar day period,
any employee who has received a notice of layoff, and who feels he/she is being
improperly laid off, shall have the right to file a request with the Company to
be considered for another job which he/she feels he/she may be entitled to hold
by virtue of his/her seniority, experience and ability. If the employee is
dissatisfied with the action taken by the Company, on his/her request, then
he/she shall have the right to resort to the grievance procedure.
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SECTION 14
All employees may be required to take a physical examination by the Company
physician at the time of any layoff. Upon the request of the employee, the
Company will provide them with a copy of the physician's report.
SECTION 15
Any employee, including those returning from leaves of absence, who has not been
actively on the payroll of the Company for sixty (60) days and is recalled to
work, shall take a physical examination by the Company's physician, and in the
event such employee questions the findings of the Company physician, the
employee shall then have the right to be examined by another reputable physician
who may be agreed upon between the parties. whose decision shall be accepted.
Such a returning employee who refuses to submit to a physical examination upon
being called back to work automatically forfeits his/her seniority.
SECTION 16
Laid off employees, when recalled to work, must be notified by certified mail
and a copy of the notification will be furnished to the Union at the same time.
Any laid off employee who is notified to return to work must communicate his/her
intentions to the Company within three (3) work days from the date he/she
receive the notification and must report for work not later than seven (7) work
days from the date he/she receives the notification.
Provided further, that if an employee is prevented from reporting because of
physical disability, the reporting time may be extended by mutual agreement
between the Company and the Union. However, this shall not prevent the Company
from filling the job which is open until such time as the recalled employee is
able to return to work.
SECTION 17
All recall notices will be mailed by the Company to the last address in the
Company's personnel records, and the responsibility of advising the Company of
any change of address shall rest entirely with the laid off employee.
SECTION 18
The Company will fill certain skilled jobs through the job posting procedure
outlined in this Agreement. Certain skilled jobs as outline in this section may
be filled by the Company choosing qualified employees without job posting rather
than hiring skilled employees from the outside. However, this shall not preclude
or restrict the Company form hiring skilled employees for the following jobs
when qualified and experienced employees are not immediately available from the
existing working force:
Die Setter Engine Lathe Operator
Electrician Shaft Grinder
Turret Lathe Operator Machine Repair
Boring Mill Operator Tool Maker
Bearing Lathe Operator Motor Tester
Tracer Lathe Operator Inspector
Balance Machinist Set Up & Run
Master Mechanic A & B Fuse & Test
SECTION 19
The purpose of this section 19 is to provide the opportunity to the Company and
the Union to encourage promotions of longer service employees
Page 10
to higher paying or more preferable jobs. It is understood and agreed that this
does not in any way preclude or limit the Company's right to hire skilled
employees as outlined under Section 18 of this Article VI, nor does it preclude
or limit employee's rights under Section 9 of this Article.
A. Such job opening or vacancy shall be posted by the Company for two (2)
working days (48) hours for the purpose of informing all employees of the job
opening or vacancy. All such postings will be made in duplicate and at the
end of posting period, a copy of the posting will be furnished to the Union
showing the job posted, date of posting, date posting was removed and the
names of employees who bid on the job.
B. Subject to the restrictions outlined in this Article VI, any employee shall
have the right to bid on a posted job. The Company shall, within three (3)
working days after the removal from posting. award the job giving
consideration to the bidders on the basis of the following factors:
Seniority
Previous experience on the job
Schooling
C. The Company shall have the right to delay, not longer than thirty (30)
calendar days, the transfer of the successful bidder to the new job until
his/her old job can be filled by either an experienced employee or an
employee trained to fill the job.
D. The Company shall have the right to select an employee of its own choice to
fill any such opening or vacancy until the job is permanently filled. The
Company shall also have the right for periods not to exceed ninety (90)
calendar days, to fill openings and vacancies created by leaves of absence,
temporary illness, vacations, etc., without following the job posting
procedure.
E. Should any existing opening or vacancy still remain unfilled after completing
the job posting procedure, then the Company shall have the right to fill the
job as it sees fit.
F. Where a job opening or vacancy is filled on the basis of the procedure, then
the employee selected shall be given a fair trial on the job to demonstrate
his/her ability to perform the work. While on such trial period, the employee
shall be considered on such job temporarily. If, after a fair trial period,
it is decided the employee does not qualify, he/she shall be returned to
his/her former job and classification. However, if the successful bidder does
not qualify after the trial period the next senior bidder shall then be given
a trial providing he/she is qualified under Article VI, ▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇
▇.
▇. Any employee who bids on and is awarded a job in Basic Group 1, as set forth
in Schedule B attached, shall be automatically prohibited from bidding on any
other jobs posted within twelve (12) months of the date he/she was awarded
the job under the posting procedure, unless the successful bidder has not
worked on the job for a period of four (4) weeks, or the job no longer
exists.
Any employee who bids on and is awarded a job in Basic Group 2, as set forth in
Schedule B attached, shall be automatically prohibited from bidding on any other
jobs posted within six (6) months, unless approved by the Company, except the
following jobs on which he/she shall be prohibited for the period of time
specified on that job, unless the successful bidder has not worked on the job
for a period of four (4) weeks, or the job no longer exists.
Page 11
▇▇ ▇▇▇▇▇▇ & Connector 12 Mos. Elevator & PM
AC Connector 12 Mos. Elevator
Solder & Band, Fuse & Test 12 Mos. Elevator & PM
Test & Finish Stators & Armatures 12 Mos. Elevator & PM
▇▇ ▇▇▇▇▇▇ 12 Mos. Elevator
Chief Clerk 12 Mos. Elevator & PM
Brush Holder Assembly (all) 12 Mos. Elevator & PM
AC & DC Motor Assembler (all) 12 Mos. Elevator & PM
Fluidize PM Armatures 12 Mos. PM
Radial Drill 8 Mos. Elevator
Saw & Center & Rolling Machine 8 Mos. Elevator & PM
Any employee who bids on and is awarded a job in Basic Group 3, as set forth in
Schedule B attached, shall be automatically prohibited from bidding on any other
jobs posted within four (4) months unless approved by the Company except the
following jobs on which they shall be prohibited for the period of time
specified on that job, unless the successful bidder has not worked on the job
for a period of four (4) weeks, or the job no longer exists.
Tape Field Coils 6 Mos. Elevator
Tape AC Coils 6 Mos. Elevator
Spread & Form Coils, Wind Coils 6 Mos. Elevator & PM
Hosing & Testing Armature Coils 6 Mos. Elevator
Insulate Stators & Armatures 6 Mos. Elevator
Cut Insulation 6 Mos. Elevator & PM
Tool Crib Attendant 6 Mos. Elevator & PM
Loop Winding - AC & DC 6 Mos. Elevator & PM
There shall be no exceptions on the following jobs:
Trucking Paint Casting Paint
Sprayer Bench Work
Crate Builder Clean & Tape Stators
Clean & Paint Armatures & Rotors
H. If the Union or one of its members feels that the Company has not made a fair
determination under this procedure, then they shall have the right to process a
grievance through the grievance procedure.
I. Employees who work on a job on temporary basis and who later bid on that job
will not be given preferred consideration over a more senior employee who
bids on that job.
J. In the event an employee becomes partially incapacitated so that he/she is
unable to perform his/her regular job in a reasonably efficient manner, then
the Company and the Union Committee will attempt to place the employee on an
existing job which he/she is able to perform in a reasonable efficient
manner. No new jobs will be created. In such cases, the job posting procedure
need not necessarily be followed.
ARTICLE VII - HOLIDAYS
SECTION 1
It is agreed that as a matter of general policy work will not be performed on
any of the following holidays; New Year's Day, Presidents Day (third Monday in
February), Memorial Day, Forth of July, Labor Day, Thanksgiving Day and the day
after, Christmas. All employees qualifying for holiday pay in accordance with
the eligibility requirements of Section 3 shall be paid a full straight time pay
of eight (8) hours for each of the above mentioned holidays, as well as two (2)
additional holidays referred to in this section.
Page 12
Two (2) floating holidays are allowed during the contract year. The first of
these floating holidays is to be mutually agreed upon by the Company and the
Union. The second floating holiday shall be schedule at the sole discretion of
the Company.
SECTION 2
If an employee works on any of these holidays, the employee shall be paid two
(2) times his/her regular pay. This section does not apply to watchmen. In the
event any of the above listed holidays fall on Sunday, the Company will accept
Friday or Monday, whichever has the greatest local acceptance.
SECTION 3
Eligibility for holiday pay shall be determined on the basis of the following
provision:
A. The holiday pay outlined in the Agreement will be paid only to those hourly
rate factory employees who have been in the service of the Company forty-five
(45) calendar days or longer prior to the holiday in question.
B. So as to qualify for this holiday pay, an employee must be actively on the
Company's payroll and must actually work the full shift on the day preceding
the holiday and the day following the holiday. In the event the holiday falls
on Friday, the "following day" will be interpreted to mean Monday, if the
plant is working a regularly scheduled five day, forty hour week, and on
Saturday if the plant is working a regularly scheduled six day, forty-eight
week.
C. Any employee who is absent for any of the following reasons, the day before
and/or the day following a holiday shall be considered to have worked and
shall not be deprived of holiday pay under the provisions of Paragraph B,
above. Excusable absences are as follows:
(1) Personal illness with burden of proof upon the employee that the Company
deems fit to accept.
(2) Death in the immediate family.
(3) Jury duty if such duty actually prevents the employee from working.
(4) Veterans appearing before examining boards of or designated by the
Veterans Administration.
(5) Union business that meets all requirements of this contract.
(6) If any employee reports to the plant at his/her regularly scheduled
time, and without prior notice not to report is sent home by reason of
lack of work.
(7) Layoff during the five (5) day period preceding the day on which the
holiday falls and on the next scheduled work day following the holiday.
(8) Reasonable tardiness and reasonable excuse that the Company deems fit to
accept.
(9) Court appearances.
SECTION 4
Any employee who is absent from work because of personal illness and
who because of such illness has been granted written leave of absence, shall be
entitled to pay for any holiday, covered by the terms of this Agreement,
providing the holiday falls within thirty (30) calendar days of the date the
employee was first absent from work. Any holiday falling after the first thirty
(30) calendar days of absence shall not be paid for by the Company and after an
employee has been on a leave of absence for more than thirty (30) calendar days,
because of illness, the employee shall not be entitled to pay for holidays which
fall after the thirty (30) day leave of absence or any extension thereof.
It is understood and agreed that the provisions of the first paragraph of
Section 4 above, apply only to those employees who qualify for holiday pay under
the provisions of Article VII of this Agreement and is confined
Page 13
solely to those employees who have been granted a written leave of absence
because of personal illness. It is further agreed that the responsibility of
making application for a leave of absence rests entirely with the employee.
SECTION 5
If the Company should decide to operate the plant on any of the holidays covered
by this Agreement, the employees who do not work shall be entitled to pay for
the holiday not worked, providing they qualify for holiday pay under the
provisions of this Article.
SECTION 6
In a situation such as outlined in Section 5 above, should an employee choose to
work on a holiday, he/she would be paid at a rate of two (2) times his/her
regular straight time rate for the holiday worked. Such pay would represent all
compensation which he/she would be eligible to receive for the particular
holiday in question, and nothing in this Agreement shall be interpreted to mean
that any employee can work and receive premium pay and then receive and
additional day's pay under the terms of the Agreement covering pay for holidays
not worked.
SECTION 7
It is understood and agreed that employees shall receive pay for holiday as
outlined in this Agreement even though the holiday in question shall fall on
Saturday. It is further agreed that all holiday pay shall be on the basis of
eight (8) hours at regular straight time rates. Employees working regularly on
the night shift shall receive pay per the night shift schedule.
ARTICLE VIII - LEAVES OF ABSENCE
SECTION 1
A leave of absence for personal reason for a period not to exceed forty-five
(45) calendar days may be granted by the Company upon the application of the
employee to, and approval by, the Vice President of Mfg., or equivalent. Such
leaves of absence shall not be renewed and seniority will be accumulated during
the leave.
SECTION 2
Employees requesting formal leaves of absence in excess of forly-five (45)
calendar days shall first make application to their foremen or supervisor on the
form provided. Such leaves of absence may be approved if the services of the
employee are not immediately required. Such leaves of absence will be submitted
to both the Company and the Union for approval, and if approved, copies of the
leave will be furnished by the Company to the Union and to the employee
receiving the leave of absence. Such leaves of absence may be extended, but only
if approved in writing by both the Company and the Union. Seniority will
continue to accumulate during the period of such leaves.
SECTION 3
An employee will be considered on a sick leave of absence up to thirty (30)
calendar days, only if the employee furnishes the Company's Personnel Department
with satisfactory medical evidence. This leave will commence as of the first day
of such continuous absence due to illness or injury. This leave will be extended
for up to ninety (90) additional calendar days, making a maximum of one hundred
twenty (120) calendar days, provided the continued absence is supported by
satisfactory medical evidence. If the sickness and/or convalescence continues
beyond the one hundred twenty (120) calendar days, the leave may be extended up
to an additional ninety (90) calendar days with the consent of both the Company
and the Union.
Page 14
Seniority shall accumulate during the period of such leave. Any further sick
leave shall be discussed between the Company and the Union in light of
circumstances.
SECTION 4
In cases where employees are injured while at work or are suffering from legal
occupational disease, then such employees shall automatically be granted an
indefinite sick leave and seniority will accumulate for the full period of legal
temporary disability.
SECTION 5
Any employee elected to a permanent Union office, or as a delegate to any labor
activity necessitating a leave of absence, shall be granted such leave not to
exceed elected or appointed term of office, and shall at the end of the term in
the first instance, or at the end of the mission in the second instance, be
guaranteed re-employment if there is sufficient work for which he/she is in line
at the then current rate of pay. Seniority will continue to accumulate during
the period of the leave.
SECTION 6
It is agreed and understood that no more than two employees at any one time will
be granted leaves of absence, as outlined in Section 5 above, and no more than
one employee from any one department will be granted a leave of absence during
the term of the Agreement. The Company may require a thirty (30) calendar day
notice before granting a leave as provided under Section 5.
SECTION 7
Maternity leave of absence shall be granted in accordance with procedure
outlined in Section 3 above.
SECTION 8
All leaves of absence, including sick leaves, granted in accordance with the
above provisions, are subject to the following conditions:
A. All leaves of absence are granted without pay.
B. Any employee on leave may return to work in line with his/her seniority
before the expiration of his/her leave, providing he/she gives the Company
twenty-four (24) hours notice prior to the beginning of his/her regular
shift.
C. Any employee who fails to return to work at the expiration of his/her leave
shall be considered as having voluntarily quit.
D. If, upon the expiration of a leave of absence, work is not available for the
employee in line with his/her seniority, or if the employee would have
otherwise been subject to layoff according to seniority during the period of
the leave, the twenty-four (24) month period which breaks seniority shall
start from the date he/she would have been laid off, providing he/she had
been notified at the last address shown in the Company's records of his/her
layoff.
E. Any employee who obtains a leave of absence and then accepts employment
elsewhere will be considered as having voluntarily quit unless at the time
the leave is granted, the circumstances are such that the leave specifically
gives him permission to work
Page 15
ARTICLE IX - RULES AND DISCIPLINARY ACTION
SECTION 1
The Union recogmzes the Company's right to establish and enforce reasonable shop
rules, subject to the grievance procedure and the terms of the Agreement. It is
further agreed that these rules will not be used to discriminate against any
employee.
SECTION 2
The Union recognizes the Company's right to reprimand, discipline, and/or
discharge employees for just cause. The fact that Article X of the contract
which expired on November 30, 1961, has been deleted from contract shall not be
interpreted to mean or imply that the Company has in any way forfeited or
modified its right to reprimand, discipline and/or discharge employees for just
cause. No inference shall be made to the detriment of the Company or the Union
from the fact that the provisions of Article X of the contract which expired
November 30, 1961, have been deleted from this contract.
SECTION 3
The Union and/or the employee involved reserves the right to appeal any action
taken by the Company, under this Article, through the grievance and arbitration
procedures of the contract.
SECTION 4
If the Company takes disciplinary action against any of the employees, it shall
immediately notify the President, or Union Shop Committee in his/her absence,
and give him a complete statement of the circumstances that brought about such
disciplinary action.
SECTION 5
The fact that any employee who, prior to the date of the signing of this
Agreement, has a reprimand against his/her record, did not file a grievance to
have the reprimand removed shall not constitute an acknowledgement on his/her
part that the reprimand was justified.
ARTICLE X - DISCHARGE OF EMPLOYEE
SECTION 1
The Chairman of the Union, or his/her appointed representative, shall be
notified when any member of their organization covered by the Agreement is
dismissed.
SECTION 2
All grievance resulting from discharges must be presented directly to
the Company within three (3) working days of the date of notification of the
discharge. Any such grievance shall be heard in Step C of the grievance
procedure within ten (10) calendar days of the date of dismissal, and if it is
subsequently determined that the employee was wrongfully dismissed, he/she will
then be reinstated and paid for time lost, not to exceed ten (10) calendar days,
at his/her regular rate of pay; provided further, that if the case goes to
arbitration, that the decisions of the arbitrator shall be final and binding,
including the questions of lost time pay which shall not necessarily be limited
to the ten (10) calendar days.
SECTION 3
It is understood and agreed that written grievances involving the discharge of
employees will be heard only in Step C of the grievance procedure.
Page 16
ARTICLE XI - MANAGEMENT PREROGATIVES
SECTION 1
The Company retains exclusive control over the functions of Management and
direction of its working forces, such as it exercised before ever entering into
any contract with the Union, except such functions as are relinquished or
substantially limited by the express terms of this contract.
SECTION 2
The Union recognizes the Company's right to move machinery, supplies
and equipment in or out of its factory at any time it sees fit, and the Union
agrees not to interfere with the Company if and when the Company deems it
necessary to move machinery, equipment or supplies in or out of its factory. The
Union further recognizes the Company's right to locate its factories where the
Company wishes and to determine the type and volume of the products to be
manufactured in each of its factories. The Company agrees that it will not use
this Section to circumvent or weaken the Union. However, it is understood and
agreed that certain changes, adjustments and alterations will be made in
effectuating the multi-plant operations of the Company.
SECTION 3
The Union recognizes the Company's right to place timekeepers throughout the
factory and the Union further recognizes the Company's right to time study all
jobs and expressly agrees that there shall not be any interference from the
Union or its members when jobs are time-studied.
SECTION 4
The Union recognizes the Company's right to work employees overtime in
accordance with the terms of this Agreement.
ARTICLE XII - PRODUCTIVITY
SECTION 1
In ratifying this Agreement, the International Association of Machinists &
Aerospace Workers (AFL-CIO) and Lodge 2164 recognize that a high level of wages
can be maintained only by attaining a high level of productivity. The Union and
its members will cooperate in attaining such a level of productivity as is
consistent with the safety, health and welfare of the employees. The right of
the Company to establish, determine, maintain and enforce standards of
production is fully recognized. A grievance shall be processed for an employee
by the Union on any standard unfair. Continued failure of an employee to produce
on the basis of established standards will be considered due cause for
discipline, including discharge, unless the failure is due to causes beyond
his/her control.
SECTION 2
The Company shall not be required to retain in its employment any employee who
refuses to meet established standards or engages in any attempt or participates
in any plan to control or limit the amount or speed of production. The above
provision shall in no way deprive an employee of his/her right to file a
grievance under the grievance procedure of this contract.
SECTION 3
The Company shall continue its program of establishing job standards. When
standards have been established on all operations and jobs, the program will
then be submitted to the Union at which time the Union reserves the right to
bargain on the basic elements of the procedures and further reserves the right
to negotiate for an incentive system.
Page 17
SECTION 4
It is recognized that the Company's job standard program has not been negotiated
with the Union and nothing in this Article is intended to imply that the Union
has accepted the job standard program of the Company.
SECTION 5
Seven (7) working days before the Company suspends or discharges an employee for
failure to meet established production standards, the Union will be notified of
such impending action, during which seven (7) working day period the Company
will make available to the Union, upon request, pertinent time study data
relating to the production standard involved. The Union, during this seven (7)
working day period, shall have the right to call in an industrial engineer from
the Grand Lodge to review the standard in question.
SECTION 6
The Union reserves the right to have a qualified representative of the Grand
Lodge examine any time standard that may be in dispute. The Company agrees to
provide this Grand Lodge representative with any data which may relate to such
dispute, and will also grant this representative the right to time study the
disputed job if he/she so desires. The Union shall exercise such right between
the Step B and Step C meeting of the Grievance Procedure.
SECTION 7
Prior to putting a job standard into effect, the Company will make available to
the Committee the number of pieces required per hour or the number of hours per
job of such job standards.
SECTION 8
All timing shall be on a fair and equitable basis. As nearly as possible, timing
shall be based on the skill of average experienced operators, so that their
standards will be established in the respective departments.
SECTION 9
Nothing in Article XII is intended nor shall it be construed to take away from
the Company or the Union any of the rights granted under Section 1 of this
Article.
ARTICLE XIII - WASH UP TIME
SECTION 1
The Company shall grant to all of its employees five (5) minutes wash up time at
the close of each shift and five (5) minutes wash up time immediately preceding
the lunch period. The Company and the Union will cooperate in the strict
enforcement of this privilege and employees who abuse this privilege will be
subject to discipline under the provisions of Article IX.
ARTICLE XIV - INFORMATION
SECTION 1
The Company will provide the Union each thirty (30) calendar days a complete
tabulation, showing all payroll changes made during the preceding thirty (3)
calendar day period, which involves employees represented by the Union.
The Company will also provide the Union with an up-to-date seniority list three
(3) time a year.
Page 18
ARTICLE XV - ▇▇▇▇▇▇▇ TIME
SECTION 1
The Union Committee which meets with the Company on Grievances and Contract
Negotiations shall not exceed three (3) in number. However, if the bargaining
unit shall increase by 15 or more employees, then the Union shall have the
privilege of negotiating an increase in the size of the Grievance Committee.
It is agreed that departmental stewards shall have the right to handle
grievances in their respective departments during working hours. Any department
▇▇▇▇▇▇▇ shall notify his/her ▇▇▇▇▇▇ before leaving his/her job and will ring a
non-productive time card identifying the grievance, and the time will be paid by
the Company and charged to Union grievance time. It is further agreed that the
chief ▇▇▇▇▇▇▇ and the Chairman of the Union Committee shall be privileged to
consult a departmental ▇▇▇▇▇▇▇ on grievances after notifying his/her foremen and
ringing out a non-productive time card and identifying the grievance, and such
time will be paid by the Company. If it appears to the Company that these
privileges are being abused by the departmental stewards or the chief ▇▇▇▇▇▇▇,
then the Company may cancel this privilege upon notifying the Union. If such a
cancellation should occur, then this matter shall be subject to negotiations
upon the request of either.
SECTION 2
The Company will pay for not more than fifteen (15) hours per month for the time
consumed by the Union Shop Committee as a whole in negotiating with Management
on any matter arising out of this contract, including the processing of
grievances. If part of this fifteen (15) hours is not used in any month, then
the unused hours will accumulate for the duration of the contract year. Any of
the unused time of the contract year will be applicable to time spent by the
committee in contract negotiations.
SECTION 3
It is recognized that from time to time Officers of Shop Committeemen of the
Union may ask permission to be absent from work, without pay, to handle Union
business relating to the contract. The Company will not unreasonably withhold
permission provided that no more than two (2) Officers or Committeemen require
to be off at the same time and limit such time to no more than eight (8) hours
per month. The Union and the Company will cooperate in the implementation of
this provision. During their absence from their jobs, by an Officer(s) or
Committeemen the Company may fill their respective position in any manner.
ARTICLE XVI - GRIEVANCE PROCEDURE
SECTION 1
It is mutually agreed that a prompt adjustment of grievances is desirable in the
interest of good relations between the employees and the Company.
SECTION 2
Should any difference arise between the Company and the Union or its members
employed by the Company, concerning the meaning or application of the terms of
this Agreement, there shall be no slowdown, suspension of work, stoppage of
work, or lock-out on account of such differences, pending final settlement
thereof under the procedure provided below. At least three (3) work days prior
to the meetings which are provided under Step C of this grievance procedure,
each party will submit to the other party a written agenda covering all of the
grievances which are to be considered at the meeting in question. Once a
grievance has been conclusively
Page 19
answered in Step C of the grievance procedure, then that grievance will not be
included on the agenda for another Step C meeting.
Step A - Within five (5) work days from the time the incident occurred or became
known to the aggrieved individual, he/she, by himself/herself or with his/her
departmental ▇▇▇▇▇▇▇, shall make an effort to adjust the difference in an oral
manner with the Foremen under whom the aggrieved employee works. The Foremen
shall give his/her answer within three (3) work days. ("Work days" shall mean
all days except Saturday, Sundays, holidays and other days the plant may be shut
down).
Step B - If the grievance is not settled in Step A, the grievance shall then be
reduced to writing and presented by a member of the Grievance Committee to the
General ▇▇▇▇▇▇▇ or other factory supervisor designated by the Company within
three (3) work days from the ▇▇▇▇▇▇▇'▇ Step A answer. The written grievance will
set forth (1) a statement of the grievance clearly indicating the question
raised by the grievance, (2) the remedy or correction which is desired, (3)
whenever possible, the section or sections of this Agreement relied upon or
claimed to have been violated. The General ▇▇▇▇▇▇▇ or other factory supervisor
designated by the Company shall give his/her answer to the Committee in writing
within three (3) work days from the time he/she receives the written grievance.
If the Company representative's answer is not satisfactory, the grievance may be
appealed to Step C by a written appeal within five (5) work days from the time
the answer is given by the Company representative in Step B.
Step C - Grievances appealed from Step B within the required time, shall be
placed on the agenda for the next Step C meeting and referred to the Vice
President of Manufacturing for the Company and the Grand Lodge or Business
Representative for the Union. Step C meetings will be held at thirty (30) day
intervals to consider Step C grievances. The Vice President of Manufacturing
shall give a written answer within five (5) work days from the date of meeting
unless extension of time for the answer is requested and mutually agreed to by
the Union and the Company.
SECTION 3
Any grievance which is deadlocked in Step C must be appealed to arbitration
within ten (10) work days from the date of deadlock (except in case of discharge
which must be appealed to arbitration within five (5) work days after receipt of
the Company's answer in Step C of the grievance procedure) and failure by either
party to inform the other party in writing of their intention to arbitrate
within the ten (10) working days specified, (or five (5) work days in case of
discharge) shall automatically cause the grievance to be forfeited.
SECTION 4
Special Step C grievance meeting may be held at a time and place agreeable to
the parties, between the Union Committee and the Vice President of
Manufacturing. A Grand Lodge or Business Representative may sit in this meeting.
SECTION 5
Any grievance not appealed from a decision from one step of the procedure to the
next step within the prescribed time limits shall be considered settled on the
basis of the last decision and not subject to further appeals. The time
limitations for the appeal from one step of the grievance procedure to the next,
may be extended by mutual agreement between the parties in writing.
Page 20
ARTICLE XVII - ARBITRATION
SECTION 1
If the Company and the Union fail to arrive at a settlement of any dispute
arising out of the interpretation or application of the contract terms, or if
the Company and the Union are unable to settle a grievance after following the
grievance procedure as outlined above, then either party shall have the right to
request that the difference of dispute be referred to a Board of Arbitration,
composed of one representative selected by the Union, one representative
selected by the Company, and a third impartial person mutually agreed upon
between the first two.
SECTION 2
In the event the Company and the Union are unable to agree on said third
impartial person within five (5) working days, then the Conciliation Division of
the United States Department of Labor shall be requested to name such third
person.
SECTION 3
The Arbitration Board shall render a decision within ten (10) days of the
submission of the dispute to it, and such decision shall be final and binding
upon both parties, subject, however, to the restrictions outlined herein. The
Arbitrator or Board of Arbitrators shall not have power to add to, subtract from
or modify any of the terms of this Agreement. However, they shall have the power
to modify disciplinary suspensions. Rulings of the arbitrator or arbitrators,
subject only to the requirements of the law and the terms of the contract, shall
be binding upon both parties.
The expense of the third impartial arbitrator, if any, including a reasonable
compensation to the arbitrator, shall be borne equally by the parties, and each
party shall bear the expense and fees of the arbitrator selected by them. In the
event it is necessary to rent a room for an Arbitration hearing, the cost of the
meeting room will be shared equally by the Company and the Union.
SECTION 4
It is specifically agreed that the question of general wages and merit increases
shall not be subject to arbitration. If the Union and the Company fail to agree
on grievance involving a merit increase in STEP C of the grievance procedure,
then the Union upon the approval of the Grand Lodge, shall have the right to
strike over such grievance.
All grievances must be submitted to arbitration within the time limit specified
in Section 5 of the Grievance Procedure.
ARTICLE XVIII -
SECTION 1
Per Letter of Understanding, production rates and economic conditions will be
discussed to coordinate rate changes.
Page 21
ARTICLE XIX - PROGRESSION
SECTION 1
It is agreed that the following progression schedule shall be in effect with
regard to increases in rates of pay.
SECTION 2
There are two progressions discussed in this contract:
A) The progression through the range at hiring.
See table on "Operations Classification and Rates". Pg 36
B) The progression through job minimum to job maximum.
See table on "Operations Classification and Rates". Pg 36
A new hire that is hired below the minimum rate of a classification must first
go through the " hire progress". Each classification has a hire rate minimum and
hire rate maximum. The progress through this range also has a time limit listed
on the chart. The per hour listed is to show a guide line for the Plant Manager
along with the time table guide line.
Once the new hire has gone through the "hire process" they then must go through
"the-minimum-of job to-maximum-of job" progression. Each job classification is
shown with its minimum and maximum rate and time table for each increase, see
table on "Operations Classification and Rates".
In any case, the Plant Manager does have the right to increase the rate of
progress as a result of extraordinary circumstances in the Plant Manager's
opinion.
SECTION 3
It is understood and agreed that the progression schedule outlines in Section 2
above, in no way obligates the Company to give an employee an increase unless
the employee has actually continuously worked on the job during the time period
specified and shows satisfactory progress.
Disciplinary action will be used for employee showing unsatisfactory progress.
SECTION 4
All pay raises will be granted on Monday only. In a given week, all raises due
on Monday, Tuesday and Wednesday will be effective on Monday of given week. All
raises due on Thursday and Friday of given week will be effective on Monday of
the following week.
ARTICLE XX - INJURED ▇▇▇▇▇▇▇
SECTION 1
Any employee injured in the course of his/her employment to such an extent that
he/she is unable to finish the day's work shall be pad for that portion of the
day that he/she was unable to work, providing a reputable physician indicates
that he/she is unable to finish his/her regular shift.
SECTION 2
Any employee injured in the course of his/her employment to such an extent that
he/she is unable to work and thus qualifies for State Worker's Compensation,
shall be paid by the Company for the period of waiting time not covered by
Worker's Compensation, but in no event to exceed a total of five (5) days, eight
(8) hours per day, at the employee's regular straight time earnings.
SECTION 3
It is agreed and understood that the Company, in granting the above pay, in no
way is obligated to pay an employee for time lost except in those cases where
the employee actually qualifies and receives State Worker's Compensation.
Page 22
SECTION 4
In the event an employee who is injured is covered by Section 2 of this Article,
it is understood and agreed that any benefit which he/she may receive under the
provision of Section I shall be counted as part of the five (5) days' pay which
will be paid by the Company.
SECTION 5
It is specifically understood and agreed that the term "in the course of his/her
employment," as used in Section 2, shall relate only to the time that the
employee spends in the actual performance of his/her duties for the Company, and
shall not in any way be interpreted to mean time going to and from work.
SECTION 6
The Company will assign a management employee to provide emergency
transportation for employees who sustain injury while a work in the plant which
require emergency doctor or hospital treatment.
ARTICLE XXI - VACATIONS
SECTION 1
Employees will be eligible for a vacation with pay upon the consideration that
the employee has worked a minimum of 1,600 hours preceding June 1st of any year
unless otherwise specifically provided in this Article.
SECTION 2
It is understood and agreed that the 1,600 hours minimum requirements applies
only when the factory has worked a normal forty (40) hour week during the twelve
month period preceding June 1st. If the hours in the factory are reduced below
forty (40) hours, or increased above forty (40) hours, the minimum hour
requirements shall be increased or decreased by the same percentage.
Page 23
SECTION 3
Vacations are not accumulative from year to year; they must be taken within the
current vacation season. The company shall have the right to close the plant and
grant all vacations at one time. The Company shall have the further right to
work a skeleton crew during the shut-down and such skeleton crew shall not
exceed eight (8) employees. In selecting those employees to make up the skeleton
crew, the Company shall, whenever practical, give consideration to employees
with greater seniority.
This shutdown shall occur between July 15 and August 15 inclusive. All
employees, except those covered by paragraph one of this Section 3, shall be
required to take their vacation during the shutdown.
SECTION 4
In calculating the 1,600 hours of work required in Section I of this Article,
holidays recognized as falling under the scope of this Agreement which are not
worked shall be counted as time worked, providing the factory is not operating
on these holidays. If the factory does work on any of these holidays and then
the employee is absent from work, the time shall not be counted in computing the
1,600 hours.
It is further agreed that the time an employee actually spends on his/her
vacation shall be counted as time worked in computing the 1,600 hours
requirement for the following year's vacation.
SECTION 5
Subject to the provisions of Section I of this Article, paid vacations shall be
granted as follows:
A. Any employee who, on June 1st of any year, has been in the continuous service
of the Company for a period of six months, but less than one (1) year, and who
has worked a minimum of 800 hours during the period of their employment, prior
to June 1, shall be granted a one-half (1/2) week vacation. The minimum hour
requirement outlined in Section 1 have been divided in half by virtue of the
fact the employees covered by this paragraph A receive a one-half (1/2) week
vacation.
B. Any employee who, on June 1, of any year, has been in the continuous employ
of the Company for one (1) year, but less than two (2) years, and who has
qualified under the requirements of Section 1, shall be granted a one (1) week
vacation.
C. Any employee who, on June 1, of any year, has been in the continuous employ
of the Company for two (2) years, but less than twelve (12) years, shall be
granted a two (2) week vacation, provided they have qualified under the
requirements of Section 1.
D. Any employee who on June 1, of any year. has been in the continuous employ of
the Company for twelve (12) years, but less than sixteen (16) years, and who has
qualified under the minimum hour requirements of Section 1, shall be granted a
three (3) week vacation.
E. Any employee who on June 1, of any year, has been in the continuous employ of
the Company for sixteen (16) years, but less than eighteen (18) years, and who
has qualified under the minimum hour requirements of Section 1, shall be granted
a three (3) week vacation and two (2) days vacation.
F. Any employee who on June 1, of any year, has been in the continuous employ of
the Company for eighteen (18) years, but less than twenty (20) years, and who
has qualified under the minimum hour requirements of Section 1, shall be granted
a three (3) week vacation and three (3) days vacation.
G. Any employee who on June 1, of any year, has been in the continuous employ of
the Company for twenty (20) years, but less than twenty five (25) years, and who
has qualified under the minimum hour requirements of Section 1, shall be granted
a four (4) week vacation. Three (3) weeks of such vacation shall be taken as
provided in Section 3, and it shall be the sole discretion of the Company as to
whether the employee will be permitted to take the additional week off work and
if so, the company ▇▇▇▇
▇▇▇▇ 24
determine the time, or the Company may require the employee to work and pay him
one (1) week vacation pay in addition to his/her regular rate of pay for the
time worked, in lieu of the time off.
Page 24(a)
SECTION 6
"One week" shall be defined to mean each individual employee's average work week
worked during the twelve (12) month period preceding June Ist, not to exceed
forty four (44) hours, but not less than forty (40) hours. Vacation time not
worked and paid holidays specified in Article VII, Section 1, are included as
time worked.
SECTION 7
Employees who are entitled to vacation pay shall be paid their regular straight
time hourly rate they were receiving at the time they started their vacation,
but not less than their rate on June 1st of the vacation year. Night shift
employees shall receive as part of their vacation pay, the night shift premium
as outlined in the contract.
SECTION 8
In the event the Company elects to stagger vacations, then consideration shall
be given in determining vacation time to the Company's production requirements
and the wishes of the individual employee. However, it is understood that the
final decision in this matter rests with the Company. In cases where two or
more employees request a vacation at the same time, first consideration will be
given to the employee with the greatest seniority.
SECTION 9
If an employee is discharged for cause prior to June 1st of any year, he/she
shall have automatically forfeited all vacation rights, regardless of whether or
not he/she has qualified under the 1,600 hour minimum requirements. If an
employee is discharged after June 1st and has actually qualified for vacation
under the minimum hour requirements, but has not yet taken his/her vacation,
then he/she shall be paid at the time of discharge the vacation due to him.
SECTION 10
If an employee has more than one (1) year's service with the Company and has
actually earned and received the paid vacation and before earning and receiving
the second vacation quits his/her employment with proper notice, then the
employee shall be entitled to receive his/her accumulated vacation, based upon
an accumulation of one-twelfth (1/12) year per month.
SECTION 11
It is further agreed that if an employee has actually earned a vacation and
should die before the vacation is actually taken, then the Company shall pay the
deceased employee's estate the vacation pay which the employee has earned.
SECTION 12
In cases of illness where the employee has been given a sick leave under the
terms of this Agreement and is absent from work to such an extent that he/she
does not qualify under the minimum hour requirements for his/her vacation, then
the employee shall receive a pro-rated vacation based upon the time which he/she
actually worked. In calculating the amount of vacation due an employee under
these circumstances, the amount of time
Page 25
worked as compared to the 1,600 hour minimum requirement shall be used in
determining the percentage of the vacation to which he/she is entitled.
SECTION 13
Employees who are granted leaves of absence under the terms of this Agreement
shall not be entitled to receive their vacation if they do not meet the minimum
hour requirements specified under this plan. However, any employee who is on a
leave of absence because of personal injury suffered while actually performing
his/her work for the Company shall be entitled to receive credit for the period
of time that he/she loses, in determining his/her vacation eligibility. Provided
further, that such an employee shall not receive more than a total of one paid
vacation under this Section; however, should an employee's absence extend into
another year, then he/she would be eligible for a pro-rated vacation based on
the hours that he/she work during that year.
SECTION 14
If one of the holidays as outlined under Article VII falls during an employee's
vacation period, then the employee shall be entitled to an extra day vacation
with pay in lieu of the paid holiday.
SECTION 15
In the event an employee who has more than one (1) year's service with the
Company and has actually earned and received one paid vacation, and who fails to
qualify during any vacation year because of a layoff shall be entitled to an
accrued vacation on the following basis:
A. Such a laid off employee, if not on the Company payroll at vacation time,
shall be paid his/her accrued vacation by allowing one-twelfth (1/12) of the
vacation to which he/she would have been entitled for each month worked toward a
vacation.
B. Such an employee who has been laid off during this vacation year but who has
been recalled to work and is working at vacation time will be paid his/her
accrued vacation on the same basis of one-twelfth (1/12) for each month worked
and will be required to take time off in direct proportion to the vacation pay
received, unless the plant is closed in which case, the employee would be
required to take time off to the extent of the vacation shut down.
SECTION 16
In the event the Company elects to shut the plant down for vacation, in all
cases where the employees are not eligible for vacation pay and there is no work
available for them, the Company agrees to give such employees an involuntary
layoff.
SECTION 17
Employees with two (2) or more years of seniority who are discharged shall be
paid their accrued vacation, based upon the formula of one-twelfth (1/12) of the
applicable full vacation for each full month he/she has worked on a new vacation
year. This does not apply to employees who are discharged for theft.
ARTICLE XXII - SAFETY AND HEALTH
SECTION 1
All reasonable provisions for the safety and health of its employees that are
now observed by the Company will be continued.
SECTION 2
The Company and the Union will strive to better the conditions as to safety,
sanitary facilities, heating and ventilating within the plant.
SECTION 3
The Company will, within a reasonable time, after the signing of this
Page 26
Agreement, arrange to provide soap and towel or other appropriate drying
facilities for its employees.
SECTION 4
The Company, the Union and the employees recognize that present sanitary
condition in the plant are not the best due in part to the age of the facility;
however, efforts will be made by the parties involved to better the conditions.
ARTICLE XXIII - CASUAL HELP AND STUDENT SALESMEN
SECTION 1
Temporary jobs, such unloading cars and trucks, etc., may be performed by casual
labor when unskilled and common labor in the plant are not available for the
job. Such casual labor, however, shall not be employed longer than seven (7)
consecutive working days, except upon agreement between the Union and the
Company. Such casual labor shall be paid a rate of not less than the Federal
minimum wage.
SECTION 2
The Union shall not bargain for or represent casual help, and all question
covering wages, hours and working conditions of casual help shall be determined
between the casual worker and the Company.
SECTION 3
The Company reserves the right to train its salesmen on regularly scheduled
production work in the factory for a period of not to exceed six (6) months per
man. Such student salesmen will not be required to join the Union.
At no time shall there be more than three (3) such student salesmen in training
simultaneously. Work done by these student salesmen or casual laborers shall not
cause any regular employee to be laid off or displaced or deprive a regular
employee of regular work or overtime work.
SECTION 4
Article XXXII, Section 2 (Old Contract) did not preclude Company from
hiring part time employees as part of the Bargaining Unit. When a part time
position is available, an employee who elects part time status, or is hired as
part time, shall carry with him all accumulated full time seniority and shall
thereafter accrue seniority at one-half (1/2) the full time rate. Part time
employees may use their accumulated seniority against other part time employees
in all respects, but in no circumstances may part time employees apply their
seniority to obtain a preference against full time employees. Part time
employees are not eligible for holiday pay.
Part time employees are eligible for vacation pay based on the following: Part
time employees who have worked eight hundred (800) hours immediately preceding
June 1, of any calendar year, are eligible for up to twenty four (24) hours
vacation with pay determined by dividing their total hours of work (January to
June) by forty eight (48).
Hospitalization is available only if part time employee meets Federal standard
hours-worked-per-week requirements on a regular basis and also meets
hospitalization write up on required hours-worked-per-week. Pension contribution
does not apply to part time workers. Union dues apply as required by Union
rules. Limit part time employees to total of 6.
This new language reveals our current accepted practices.
Page 27
ARTICLE XXIV - BULLETIN BOARD
SECTION 1
The Company will permit the Union to erect and maintain one bulletin board in
the factory for the exclusive use of the Union.
SECTION 2
The Union agrees to confine the use of this board to the posting of bonafide
Union notices. No material of a political, religious or derogatory nature, or
which is in conflict with the provisions of the Agreement shall be placed on
this bulletin board.
ARTICLE XXV - STRIKES
SECTION 1
It is agreed that during the period of this contract, the Union will not cause,
sanction or approve any strike, slowdown, sit-down, boycott, any curtailment of
work, restriction of or interference with production or picket the Company's
plant or premises over any matter which is made the subject of arbitration. As
to such matters as are not made the subject of arbitration, the Union will not
cause, sanction or approve any strike, slowdown, sit-down, boycott, work
stoppage of any of the Company's operation, curtailment of work, restriction of
or interference with production, or picket any part of the Company's plant or
premises until all the bargaining procedure as outlined in the Agreement has
been exhausted and not even then unless sanctioned by the Grand Lodge.
Page 27(a)
ARTICLE XXVI - INSURANCE
SECTION 1
Insurance coverage presently in effect, or the equivalent thereof, shall be
provided by the Company for the term of this Agreement. Employee cost shall be
as described below.
Table of Employee Premium Participation
--------------------------------------------------------------------------------
Duration - - - - June 28, 1995 through end of Contract
Single - - - - $7.50 /Mo.
Dependent - - - $20.00 /Mo.
--------------------------------------------------------------------------------
The above coverage to provide:
Group Life
Accidental Death & Dismemberment
Accident & Sickness Weekly Benefits in amount of:
June 28,1995 through end of Contract - - -$132.50 /Wk.
as outlined in Benefit Services Agency, Inc. for Imperial Electric Company
Machinists Only Plan, except as modified in Section 1
SECTION 2
For new employees the Company will pay:
1. Life, accidental death and dismemberment, also accident and sickness
weekly benefits insurance, effective the first (Ist) of the month
following ninety (90) days of employment.
2. Medical expense benefit insurance as noted in Section 1, effective the
first (1st) of the month following thirty (30) day employment.
All new employees will, as a condition of employment, pay for insurance note in
one (1) above, from the first (1st) of the month following thirty (30) days
employment until the Company assumes the cost as noted in one (1) above at cost
stipulated in Section 1.
SECTION 3
It is agreed that when an employee is absent from work because of personal
illness, and when such personal illness is covered by a written leave of
absence, that the Company shall continue to carry the employee's Benefit
Services, Inc. Plan for Imperial Electric Company -Machinists Only polices for a
period of not to exceed six (6) months. After this period, the employee shall be
solely responsible for paying the premiums of the Benefit Services, Inc. Plan,
and it shall be the responsibility of the employee to make arrangements with the
Company to pay these premiums in advance.
SECTION 4
The Company agrees to continue the medical expense benefits of the Benefit
Services, Inc. Plan for Imperial Electric Company - Machinist Only, as noted in
Section 1 for employee who retire for a period not to exceed three (3) month
after date of retirement.
Page 28
ARTICLE XXVII - SUPERVISION
SECTION 1
For the purposes of this Agreement, the factory supervision shall be divided
into two groups, namely; salaried supervisors and working foremen.
SECTION 2
The Company agrees that supervisors, or other salaried employees, will not
perform work of the same nature as that of the employees they supervise except
(1) for instructions; (2) for experimental purpose (work in Engineering lab is
always exempt); (3) in any effort in the elimination of a work hazard or in the
creation of a safe working condition; (4) in an emergency; and (5) when
inadequate numbers of Bargaining Unit members respond to offers to perform
overtime work; or (6) inadequate numbers of Bargaining Unit workers are
available due to absenteeism; or (7) the Company's inability to recruit unit
workers fast enough to keep up with customer demands.
The Company may in lieu of using salaried employees also use outside sources
such "Temporaries" as a form of recruitment. "Temporaries" should not exceed 30%
of the work force. The Company will, upon request from the Union, review the
situation and status of the "Temporaries" who have worked for the Company for
more than three (3) months. At that time the Company will make every effort to
hire as permanent or part time any temporary employee who meets companies
qualifications for hiring and who is free of any outside contractual agreement
with other employers.
Page 29
SECTION 3
In the event the Company promotes a factory employee to the position
of salaried supervisor or working ▇▇▇▇▇▇▇, the employee shall no longer be
eligible for membership in the Union. If the Company desires to demote said
employee and discontinue his/her service as a ▇▇▇▇▇▇▇ or Supervisor or work
▇▇▇▇▇▇▇, or if the ▇▇▇▇▇▇▇ or Supervisor or work ▇▇▇▇▇▇▇ desires to resign
his/her position as ▇▇▇▇▇▇▇ or Supervisor or working ▇▇▇▇▇▇▇, he/she may be
returned to his/her previous status as a factory employee and shall make
application to the Union for reinstatement. If the local Union denies such an
employee reinstatement, then he/she shall have the right to appeal to the Grand
Lodge.
SECTION 4
The Company may, at its discretion, appoint working Foremen who will
do both supervisory and production work. These working Foremen shall not exceed
a total of five (5) at any one time, and all such working Foremen will not be
eligible for membership in the Union. In the event the company elevates a
factory employee to the position of working ▇▇▇▇▇▇▇, then he/she shall
automatically leave the Bargaining Unit.
SECTION 5
Any such factory employee who may be elevated to the position of working ▇▇▇▇▇▇▇
or salaried Supervisor shall retain all the seniority he/she accumulated in the
Bargaining Unit, but shall not continue to accumulate seniority during the
period he/she serves as a working ▇▇▇▇▇▇▇ or salaried Supervisor.
Any such employee shall have thirty (30) calendar days from the date he/she is
promoted to the position of working ▇▇▇▇▇▇▇ or salaried Supervisor to decide
whether he/she wishes to continue on the worldng ▇▇▇▇▇▇▇ or salaried
Supervisor's job or return to his/her former job in the Bargaining Unit. If
he/she return to the Unit prior to the expiration of his/her thirty (30)
calendar day period his/her seniority shall continue unbroken and uninterrupted.
SECTION 6
The Company shall have the right to use the working ▇▇▇▇▇▇▇ as described above
in any department so long as the number of employees in that department does not
exceed a total of eight (8) on any shift, excluding the working ▇▇▇▇▇▇▇.
SECTION 7
It is agreed that working Foremen shall not be given special consideration in
the distribution of overtime, and it is specifically agreed that they will not
be used to deprive a regular employee of overtime.
A working ▇▇▇▇▇▇▇ shall not be used in a department other than his/her own, in
the capacity of a working ▇▇▇▇▇▇▇, to replace a regular employee or to deprive
such an employee of overtime.
Working Foremen and salaried Supervisors shall not be used in the same
department, except when a working ▇▇▇▇▇▇▇ is being trained to replace the
salaried Supervisor.
Page 29(a)
SECTION 8
Nothing in this Article is intended to give the Union the right to bargain for
either salaried Supervisors or working Foremen, and it is specifically
understood and agreed that all such employees are exempt from the Bargaining
Unit and are not subject to any of the provisions of this contract except those
outlined in this Article.
SECTION 9
In the event a salaried Supervisor is reclassified to the position of working
▇▇▇▇▇▇▇, then his/her seniority shall be determined in accordance with the
provisions of Section 5 of this Article.
SECTION 10
When permanent reductions in the working force are being made, the working
▇▇▇▇▇▇▇ in the department affected shall not be used to replace an employee
under his/her supervision with more seniority than the working ▇▇▇▇▇▇▇. He/she
shall have the right to replace any production employee with less seniority and
shall also have the right to remain in the department in the lowest paying
classification available even though he/she displaces an employee who has more
seniority.
SECTION 11
Hourly rated members of the Bargaining Unit may, at the request of the Company,
substitute for a ▇▇▇▇▇▇▇ or Supervisor who may be temporarily absent. Such
Bargaining Unit employees shall not discipline or discharge employees while
serving as a Supervisor.
SECTION 12
Working foremen will not be used by the Company as pace setters in establishing
job standards.
ARTICLE XXVIII - PENSION PLAN
SECTION 1
The Company shall contribute to the I.A.M. National Pension Fund, Plan B, during
this contract for each hour which employees in all job classifications covered
by this Agreement, are entitled to receive pay under this Agreement as follows:
$0.35 per hour during year January 19, 1992 through June 30, 1997
$0.45 per hour during years June 28, 1997 through June 27, 2000
The above is valid only with a 5 Year contract agreement that is effective
through June 27, 2000
SECTION 2
The Company shall continue contributions base on a forty (40) hour work week
while an employee is off work due to a paid vacation and paid holidays.
SECTION 3
The Company shall commence contributions at the completion of the employee's
probationary period, but no later than sixty (60) calendar days after date of
hire. Temporary employees will be excluded for a period of ninety (90) days
after date of hire.
Page 30
SECTION 4
The I.A.M. Lodge and the Company adopt and agree to be bound by, and hereby
assent to, the Trust Agreement, dated May 1, 1960, as amended, creating the
I.A.M. National Pension Fund and Plan rules adopted by the Trustees of the
I.A.M. National Pension Fund in establishing and administering the foregoing
Plan pursuant to the said Trust Agreement, as currently in effect and as the
Trust and Plan may be amended from time to time.
SECTION 5
The parties acknowledge that the Trustees of the I.A.M. National Pension Fund
may terminate the participation of the employees and the Company in the Plan if
the successor bargaining agreement fails to renew the provisions of this pension
Article, other than to increase the Contribution Rate or to add job
classifications or categories of hours for which contributions are payable.
SECTION 6
This Article contains the entire agreement between the parties regarding
pensions and retirement under this Plan and any contrary provision in this
Agreement shall be void. No oral or written modification of this Agreement shall
be binding upon the Trustees of the I.A.M. National Pension Fund. No grievance
procedure, settlement or arbitration decision with respect to the obligation to
contribute shall be binding upon the Trustees of said Pension Fund.
SECTION 7
The administration and operation of the I.A.M. National Pension Fund shall be
the sole responsibility of the Administrator of said Plan and the Company shall
have no responsibility for such administration and operation other than those
obligations specifically imposed upon it hereunder in this Article XXVIII.
Page 31
ARTICLE XXIX - JURY DUTY
SECTION 1
Any employee covered by this Agreement who is required to serve as a juror,
during the term of this Agreement, will be paid by the Company for such jury
time upon the following terms and conditions.
A. Any employee notified to report for jury duty must immediately notify the
Company and cooperate with the Company should they seek to have the employee
excused from jury duty.
B. Any employee, required to serve as a juror, on a day that he/she is scheduled
to work will be paid by the Company the difference between the pay he/she
receives for serving as a juror and his/her straight time hourly rate for
his/her regular work day not to exceed eight (8) hours.
C. Employees must secure from the Jury Commissioner a receipt for all time spent
as a juror and all payments made by the Company under this Article will be based
upon these receipts.
D. Employees who are excused from jury duty prior to 2:00 PM must immediately
return to work and cannot claim jury pay for any time after they have been
excused.
E. Afternoon Shift employees who serve as jurors will receive jury pay on the
same basis as though they were working on the day shift. They shall not receive
night shift bonus as part of their jury duty pay.
ARTICLE XXX - FUNERAL PAY
SECTION 1
Employees who are absent from work due to a death in their immediate family will
be paid for such absence on the following terms and conditions:
A. The immediate family shall mean: mother, father, spouse, mother-in-law,
father-in-law, step-mother, step-father, brothers, sisters or children of the
employee.
B. Funeral pay shall commence on the day following the death and shall end at
the conclusion of the third calendar day thereafter.
C. Employees shall be paid only for the actual working days lost up to a maximum
of three (3) and shall not be paid for any of the three (3) days that may
fall on days which the plant or the employee is not scheduled to work.
D. All funeral pay shall be based on the employee's straight time hourly rate at
the time of the absence, not to exceed eight (8) hours.
E. The Company may, if it so desires, require proof of death before paying
funeral pay.
ARTICLE XXXI - LONGEVITY
SECTION 1
Employees age sixty two (62) or older who retire after January 19, 1978, and who
have fifteen (15) years of continuous employment with the Company at that age
shall receive a one thousand ($1000.00) Life
Insurance Policy, paid for by the Company.
Page 32
ARTICLE XXXIII - GENERAL
SECTION 1
No pay for lunch period 2nd or 3rd shift witless granted as exception by Plant
Manager.
SECTION 2 Replaced by Article XXIII, Section 4 (new).
SECTION 3
With the new product being manufactured in the Akron Plant, the Shipping Dept.
hours will be as required, but in all cases there will be a first shift of eight
(8) hours if required. Each shift will match the regular 1st and 2nd shift as
close as possible (some flexibility is required by the nature of the new product
where factory stock of finished motors is not normal, thus motors have to be
built to meet a shipping schedule, not put on a shelf). Shipping could occur
later in evening than now is nonnal.
SECTION 4
In cases of discharge, the Chairman of the Union will be notified and consulted
before the discharge. This does not take away or in any way restrict the
Company's right to discharge for just cause.
SECTION 5
The Company agrees not to bring into its plant any subcontractors to do work in
the plant unless the Company does not have the qualified personnel andJor
equipment to do the job in a reasonable efficient manner.
This does not in any way affect any work in the plant of office which is now
being subcontracted nor does it prohibit the Company from subcontracting work
outside the plant. When work which is normally done in the plant is
subcontracted outside, the Company will notify the Union and will explain the
reasons therefor.
ARTICLE XXXIII - TERMINATION
SECTION 1
The foregoing Agreement supersedes all previous signed Agreements between the
Company and the Union on any and all matters.
SECTION 2
Any and all issues between the Company and the Union are herewith closed until
midnight;
SECTION 3
This Agreement shall remain in full force and effective lentil midnight, the
18th day of __________________and shall be continued in full effect for and
additional twelve (12) months unless either party gives the other party, by
certified mail, a signed and written notice of its desire to cancel this
Agreement or to negotiate changes and modifications in this Agreement.
SECTION 4
Upon receipt of this notice from either party, as outlined under Section 3 of
this Article, a conference will be arranged within ten (10) days.
EQUAL OPPORTUNITY CLAUSE
The Company and the Union agree that there shall be no discrimination against
any employee in respect to hiring, termination, upgrading, transfer, or other
employment practices, or in Union membership on account of age, race, sex,
color, national origin, or religion.
Page 33
SCHEDULE B
BASIC GROUP 1
8 - Wind Field Coils
8 - AC Connectors, Grade A
8 - Die Setter
8 - Electrician
8 - ▇▇ ▇▇▇▇▇▇▇, Grade A
8 - Sheet Metal Worker and Layout
8 - Commutator Assembly
8 - ▇▇ ▇▇▇▇▇▇▇ and Connectors, Grade A
8 - DC Motor Assembly
8 - Coil Assembly
9 - Welders
9 - Inspector - Electrical
9 - Inspector - Department 6
9 - Inspector - Machine Shop
9 - Turn Armatures and Rotors
9 - Turret Lathe Operator
9 - Boring Mill Operator
9 - Bearing Lathe Operator
9 - Engine Lathe Operator
9 - Milling Machine
9 - Shaft Grinder
9 - Stator Core Assembly
9 - Welder - Carbon Arc
9 - Balance
9 - Testing Motors
9 - Machine Repair
9 - Tool Maker
BASIC GROUP 2
7 - ▇▇ ▇▇▇▇▇▇▇ & Connectors, Grade B
7 - AC Connectors, Grade B
7 - Cut Insulation
7 - Die Grinder
7 - Wind Interpole Coils
7 - AC Motor Assembly
7 - Solder and Band Armatures
7 - Test and Finish - Stators ~ ▇▇▇▇▇▇▇▇▇
▇ - ▇▇▇▇▇ ▇▇▇▇▇▇
▇ - ▇▇▇▇▇▇▇▇
▇ - ▇▇▇▇▇ and Armature Assembly
7 - Drill Presses
7 - Maintenance Workers
7 - ▇▇ ▇▇▇▇▇▇▇ all Frame thru 50's, Grade B
8 - Radial Drill
8 - Rotor and Armature Assembly and Electric Arc Welding
8 - Saw and Centering and Rolling Machine
8 - Chief Clerk - Stockroom
8 - Brushholder Assembly
Page 34
SCEIEDULE B (cont'd.)
BASIC GROUP 3
5 - Insulate Stators and Armatures
4 - Sweeper
5 - Taping Field Coils
5 - Taping AC Coils
5 - Trucker
5 - Spread and Form Coils
5 - Hosing and Testing Armature Coils
5 - Notching Press - Buffing Comm Bars
5 - Clerk - Stockroom
6 - Clean and Dip - Stators and Coils (Department 3)
6 - Clean and Paint - Armatures and Rotors (Department 7)
5 - Bench Hands - Including Disc Grinder
5 - Insulate Stators and Armatures and Cut Insulation
6 - Undercut, Polish and Clean
6 - Bench Work - File Slots
6 - Tool Crib Attendant
6 - Key Seater
6 - Loop Winding - AC & DC
6 - Paint Casting
6 - Punch Press
6 - Paint Sprayer
6 - Crate Builder
Page 35
THE PM & ELEVATOR OPERATION CLASSIFICATIOIN AND RATES
FOR ELEVATOR DESCRIPTION OF EACH GRADE,
REFER TO PAGES 34 & 35
Grade 10 Grade 9 Grade 8
-------------------------------------------------------
Description MASTER SETUP MACHINE & SETUP
----- --------------
MECHANIC A MAINTENANCE B MOTOR ASSY.
----------
All Around Operate at FINAL TEST and
Operate Least 5 INSPECTION
All Around D Different
Maintenance Type Operations
--------------------------------------------------------------------------------
June 28,1995 TOP 12.00 9.75 9 30
7.50 7.00 6.50
PROGRESS $0.25 Every $0.20 Every $0.20 Every
2nd Month 2nd Month 2nd Month
--------------------------------------------------------------------------------
-
HIRE 5.50 to 7.50 5.50 to 7.00 5.50 to 6.50
or Required or Required
HIRE 6 Months 6 Months 4 Months
PROGRESS To Hire To Hire To Hire
Top Top Top
$0.35/Mo. $0.25/Mo. $0.25/Mo.
--------------------------------------------------------------------------------
-
SEPT. 28,1996 12.50 10.25 9.80
7.50 7.00 6.50
($0.50 TOP) ($0.40 TOP) ($0.50 TOP)
--------------------------------------------------------------------------------
-
DEC. 28, 1997 13.00 10.65 10.15
7.50 7.00 6.50
($0.50 Top) ($0.40 TOP) ($0.35 TOP)
--------------------------------------------------------------------------------
-
BELOW THIS LINE VALID ONLY IF CONTRACT IS 5 YEARS
3/28/l999 13.40 11.05 10.50
7.50 7.00 6.50
RATE ($0.40 Top) ($0.40 TOP) ($0.35 TOP)
INCREASE
--------------------------------------------------------------------------------
-
12/28/97
PENSION $0.10/HR. $0.10/HR. $0.10/HR.
Page 36
THE PM & ELEVATOR OPERATION CLASSIFICATIOIN AND RATES
FOR ELEVATOR DESCRIPTION OF EACH GRADE,
REFER TO PAGES 34 & 35
Grade 7 Grade 6 Grade 5 Grade 4
----------------------------------------------------
Description BALANCE VARNISH PAINT COIL
WIND FRAME ASSY. ARM. PROCESS BR.BRD.ASSY.
FLUIDIZE MACHINE OPER COMM. BRKT B
CONNECT ONLY SHIPPING
FUSE-TEST ARM CORE ASSY PACKAGING
COM. BRKT. WELDER
ASST, A
--------------------------------------------------------------------------------
June 28,1995 TOP 8.90 8.50 8.10 7.75
6.25 6.00 5.80 5.80
PROGRESS $0.20/2 Mo. $0.20/2 Mo. $0.20/2 Mo. $0.15/2 Mo.
--------------------------------------------------------------------------------
-
HIRE 5.50 to 6.25 5.50 to 6.00 5.50 to 5.80 5.50 TO 5.80
HIRE 4 Months 3 Months 2 Months 2 Months
PROGRESS To Hire To Hire To Hire To Hire
Top Top Top Top
$0.20/Mo. $0.15/Mo. $0.15/Mo. $0.15/Mo.
--------------------------------------------------------------------------------
-
SEPT. 28,1996 9.25 8.80 8.35 8.00
6.25 6.00 5.80 5.80
($0.35 TOP) ($0.30 TOP) ($0.25 TOP) ($0.25 TOP)
--------------------------------------------------------------------------------
-
DEC. 28, 1997 9.60 9.05 8.60 8.25
6.25 6.00 5.80 5.80
($0.35 Top) ($0.30 TOP) ($0.25 TOP) ($0.25 TOP)
--------------------------------------------------------------------------------
-
BELOW THIS LINE VALID ONLY IF CONTRACT IS 5 YEARS
-------------------------------------------------
3/28/1999 9.95 9.30 8.85 8.50
6.25 6.00 5.80 5.80
RATE ($0.35 TOP) ($0.30 TOP) ($0.25 TOP) ($0.25 TOP)
INCREASE
--------------------------------------------------------------------------------
-
12/28/97
PENSION $0.10/HR. $0.10/HR. $0.10/HR. $0.10/HR.
Page 36 (Cont'd)
LETTER OF UNDERSTANDING
As a result of the negotiations of June 1995, the following agreement was
reached to accommodate seven (7) existing elevator product employees. The
following table places them inside a rating that will allow them to operate as
elevator or P.M. employees. Their present pay rates are recorded and frozen and
the rate changes for the future are recorded.
NAME ▇.▇▇▇▇▇▇ ▇.▇▇▇▇▇▇▇ C.▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
------------------------------------------------------------------------
NOW AT 12.00 10.06 9.60 8.53
SIGNING
JUNE '95
------------------------------------------------------------------------
PROGRESSION NONE NONE NONE TO 8.80
------------------------------------------------------------------------
ON
09/26/96 12.50 10.25 9.80 8.80
------------------------------------------------------------------------
ON
12/26/97 13.00 10.65 10.15 9.05
------------------------------------------------------------------------
QUALIFY
FOR LABOR 10 9 8 6
PM
GRADE AS
OF SIGNING
------------------------------------------------------------------------
ELEVATOR ELEVATOR ELEVATOR ELEVATOR
JOB or or or or
DESCRIPTION PM PM PM PM
------------------------------------------------------------------------
NAME M.▇▇▇▇▇▇▇▇ ▇.▇▇▇▇▇▇ ▇.▇▇▇▇▇
----------------------------------------------------------
NOW AT 8.48 9.75 10.06
SIGNING
JUNE '95
----------------------------------------------------------
PROGRESSION TO 8.80 NONE NONE
----------------------------------------------------------
ON
09/26/96 8.80 9.80 10.06
----------------------------------------------------------
ON
12/26/97 9.05 10.15 10.30
----------------------------------------------------------
QUALIFY
FOR LABOR 6 8 8 SPEC'L
PM
GRADE AS
OF SIGNING
----------------------------------------------------------
ELEVATOR ELEVATOR ELEVATOR
JOB or or or
DESCRIPTION PM PM PM
The above are free to bid on any job opening in the PM operation. The PM
operation description & rates are on page
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇ will take a cut in pay if transferred to PM
per chart on Page 37. As elevator employees, follow elevator pay. All other
elevator employees covered Page 37.
New or revised Articles in this contract take precedence over any conflicting
paragraph left over from old Contract that was not removed due to oversight. New
and revised Articles and Sections reveal the intent of this Contract. Old
conflicting paragraphs do not carry the current negotiated intent. For example,
Progress Chart, Page 36 and revised Article V, Section 9. take precedence over a
typical old paragraph of Article V, Section 12.
In section of the new Contract where stronger language has been added affecting
absenteeism or any time off, the Company intends to enforce those new adders in
an attempt to keep absenteeism to a minimum.
In trying to blend language into this Contract to cover a new product (PM) which
is slightly different than the elevator product, a description of jobs sometimes
is not clear. For the PM, we will use the established definition used in the
Cuyahoga Falls plant. For instance, armature processing (a grade 6 job) is
intended to mean all of the final operation on the armature just prior to final
assembly of the motor. Armature processing includes, turn epoxy off the arm core
OD, undercut, turn and polish commutator. This processing could also extend to
cover "press on bearings" and "press on fans" and any other associated final
processing of armature as required. Many other operation descriptions follow the
same kind of separate meeting.
The general rate increases shown on the chart on pages 36, 37, 38 for 9/26/96,
for 12/26/97 and for 3/26/99 apply to the top of the rate only. There will be no
adjustment for those employees in progress until they reach top
The new PM product is of the nature that it is considered a repeatable product.
This type of product produces excellent comparative data. In the Union
negotiating meetings, I spoke about our method of establishing a benchmark of
acceptance for each job by a shared observation and common sense. Once those
type of "standards" are established, we will not accept a variation greater than
10% on a continuous basis.
Our first attempt to solve the excess negative variation problem will be to
discuss it in a Union meeting where the production data is being reviewed. If
that meeting, along with peer pressure, doesn't solve the problem along with
Management discussing the negative variation with the particular employees, then
dismissal is necessary.
The details of the above paragraph were covered completely by Company in
negotiation meetings. The Company will repeat the details in each production
review meeting with the Union and the Company will also repeat the details to
the affected parties before taking such serious action as termination. The total
time required to solve a negative variance problem should not take longer than
the three procedures outlined above.
a) Identify
b) Talk to Union
c) Talk to employee
Not necessarily in the above order.
Page 37 (a)
LETTER OF UNDERSTANDING (CONT'D)
THE FOLLOWING IN VALID ONLY IF 5 YEAR CONTRACT
----------------------------------------------
NAME ▇.▇▇▇▇▇▇ ▇.▇▇▇▇▇▇▇ C.▇▇▇▇▇▇▇▇ ▇.▇▇▇▇▇▇
------------------------------------------------------------------------
3/99 13.40 11.05 10.50 9.30
INCREASE $0.40 TOP $0.40 TOP $0.35 TOP $0.25
------------------------------------------------------------------------
12/97
PENSION $0.10/HR. $0.10/HR $0.10/HR. $0.10/HR
NAME M.▇▇▇▇▇▇▇▇ ▇.▇▇▇▇▇▇ ▇.▇▇▇▇▇
--------------------------------------------------------------
3/99 9.30 10.50 10.50
INCREASE $0.25 TOP $0.35 TOP STD. NO SPEC.
$0.20
------------------------------------------------------------------------
12/97
PENSION $0.10/HR. $0.10/HR. $0.10/HR.
The seven existing elevator employees are shown in the above chart for the
convenience of understanding their transition into the PM group, should it
occur. As long as the elevator group can support them with jobs, they will
remain there; however, they can bid on a PM job should they desire to do so.
When the elevator jobs can no longer support them; then, they will be
transferred into the PM job rating listed on the chart. As with any job being
able to perform in a reasonable and efficient manner. Because they will hold
higher rates as shown in the chart on line one (1), they must be aware that
requirement to meet our economic requirements will still be there.
In this summary statement let us both (Union and Management) look at the
objective here. We are experimenting with the PM product line in the Akron
plant. The rules are simple. We must be able to meet our economic requirements.
The Company will help attain these acceptable costs by continuing every effort
to share the burden of cost reduction among all departments; however, in the end
the test as to whether this project in Akron is a success or failure rests
heavily on the product being made in a efficient manner.
In the first fifteen (15) months of this project, there will be extraordinary
pressure on the project if the seven (7) elevator employees are transferred to
the PM project because of the lack of elevator work. Their "red circle" higher
wages during those early stages (up to two (2) years) of the PM experiment will
require an extraordinary effort on their part should their transfer to the PM
group occur during this critical period. After the first two (2) years, the PM
and elevator wages will start to blend together. The pressure to succeed may
subside slightly at that point, but we can never let our guard down, lest a
competitor will move into the niche market we now enjoy.
The Company will review, with the Union, the cost per piece required to remain
competitive with competition outside the Akron plant. This joint effort of
reviewing the requirements to succeed will go a long way to keeping the PM
project active in Akron.
We have shown our confidence in the Akron group by moving the project forward
through the renovation of the Akron machine shop and the continued purchase of
machinery and equipment that is required for the project even though we do not
have a working agreement as of this June 25th date.
Page 38