Exhibit 10 (w)
AGREEMENT
by and between
PACO PHARMACEUTICAL SERVICES, INC.
and
TEAMSTERS LOCAL NO. 35
EFFECTIVE:
DECEMBER 1, 1997
EXPIRATION:
NOVEMBER 30, 2000
TABLE OF CONTENTS
-----------------
PAGE
PREAMBLE 1
ARTICLE 1 - PURPOSE 1
ARTICLE 3 - UNION RECOGNITION 1
ARTICLE 4 - UNION SECURITY 2
ARTICLE 5 - SEPARABILITY AND SAVINGS CLAUSE 3
ARTICLE 6 - HIRING EMPLOYEES 4
ARTICLE 7 - CHECKOFF 5
ARTICLE 8 - MANAGEMENT RIGHTS 5
ARTICLE 9 - NON-DISCRIMINATION 6
ARTICLE 10 - INSPECTION PRIVILEGES 7
ARTICLE 11 - FAIR DAY'S WORK 7
ARTICLE 12 - JOB STEWARDS 7
ARTICLE 13 - DISCHARGE OR SUSPENSION 9
ARTICLE 14 - GRIEVANCE AND ARBITRATION PROCEDURE 10
ARTICLE 15 - NO STRIKE - NO LOCKOUT 14
ARTICLE 16 - BREAK PERIODS 15
ARTICLE 17 - LEAVE OF ABSENCE 15
ARTICLE 18 - MILITARY DUTY 17
ARTICLE 19 - LIE DETECTOR TEST 18
ARTICLE 20 - SAFETY AND HEALTH 18
ARTICLE 21 - NEW EQUIPMENT 20
ARTICLE 22 - TRANSFER OF TITLE 20
ARTICLE 23 - BULLETIN BOARDS 21
ARTICLE 24 - SPECIAL SHIFTS 21
ARTICLE 25 - FLEXIBLE WORK WEEK 21
ARTICLE 26 - DIFFERENTIALS FOR LATE SHIFTS 25
ARTICLE 27 - WORK DAY AND WEEK 25
ARTICLE 28 - DAILY GUARANTEES 26
ARTICLE 29 - FUNERAL LEAVE 26
ARTICLE 30 - JURY DUTY 27
ARTICLE 31 - PREMIUM RATES 27
ARTICLE 32 - HEALTH AND WELFARE 31
ARTICLE 33 - HOLIDAY PAY 34
ARTICLE 34 - VACATIONS 35
ARTICLE 35 - SENIORITY 37
ARTICLE 36 - JOB OPENINGS 40
ARTICLE 37 - TRANSFERS 42
ARTICLE 38 - SUPERVISION 43
ARTICLE 39 - PENSION 44
ARTICLE 40 - PLANT RULES 45
ARTICLE 41 - WAGES 45
ARTICLE 42 - TERMS OF AGREEMENT 50
PREAMBLE
---------
This Agreement by and between Paco Pharmaceutical Services, Inc.,
located in Lakewood, New Jersey, hereinafter referred to as the "Company," or
the "Employer," and Teamsters Local ▇▇. ▇▇, ▇▇▇ ▇.▇. ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇
▇▇▇▇▇▇, affiliated with the International Brotherhood of Teamsters, hereinafter
referred to as the "Union."
1 - PURPOSE
- ---------
Whereas, the parties hereto desire to establish uniform standards
and hours of labor, rates of pay and other conditions under which the employees
classified herein shall work for the Employer during the life of this Agreement
and thereby promote a relationship between the parties hereto providing for more
harmonious and efficient cooperation and mutual benefit.
2 - CONSIDERATION
-------------------
Now, therefore, in consideration of the performances in good faith
by both parties, individually and collectively, of the terms and conditions of
this Agreement, the parties agree to and with each other as follows.
3 - UNION RECOGNITION
---------------------
The Employer agrees to recognize Teamsters Local 35 as the
exclusive bargaining representative for all of its production and maintenance
employees as classified herein employed by the Employer at its locations in
Lakewood, New Jersey, excluding all office clerical employees, quality control
and quality assurance employees, mechanics and mechanic trainees, technical
employees, professional employees, guards and supervisors within the meaning of
the National Labor Relations Act, as amended.
Whenever the masculine pronoun or possessive is used in this
Agreement, the feminine pronoun or possessive is also intended.
4 - UNION SECURITY
-------------------
All present employees in the bargaining unit who are members of
the Local Union on the effective date of this subsection or on the date of
execution of this Agreement, whichever is the later, shall remain members of the
Union in good standing as a condition of employment. All present employees in
the bargaining unit who are not members of the Union and all employees who are
hired hereafter shall become and remain members in good standing of the Union as
a condition of employment on and after the thirty-first (31st) calendar day
following the beginning of their employment or on and after the thirty-first
(31st) calendar day following the effective date of this subsection or the date
of this Agreement, whichever is the later. This provision shall be made and
become effective as of such time as it may be made and become effective under
the provisions of the National Labor Relations Act, but not retroactively.
At the conclusion of the thirty-one (31) calendar day period, the
Employer will send to the Union an authorization for check-off form within a
reasonable period of time.
The failure of any person to become a member of the Union at the
required time shall obligate the Employer, upon written notice from the Union to
such effect and to the further effect that Union membership was available to
such person on the same terms and conditions generally available to other
members, to forthwith discharge such person. Furthermore, the failure of any
person to maintain his Union membership in good standing as required herein
shall, upon written notice to the Employer by the Union to such effect, obligate
the Employer to discharge such person.
In the event of any change in the law during the term of this
Agreement, the Employer agrees that the Union will be entitled to receive the
maximum union security which may be lawfully permissible.
No provision of this Article shall apply in any state to the
extent that it may be prohibited by state law. If under applicable state law
additional requirements must be met before any such provision may become
effective, such additional requirements shall first be met.
If any provision of this Article is invalid under the law of any
state wherein this Agreement is executed, such provision shall be modified to
comply with the requirements of state law or shall be renegotiated for the
purpose of adequate replacement. If such negotiations shall not result in a
mutually satisfactory agreement, the Union shall be permitted all legal or
economic recourse.
5 - SEPARABILITY AND SAVINGS CLAUSE
- ----------------------------------
If any Article or Section of this Agreement or of any supplements
or riders thereto should be held invalid by operation of law or by any tribunal
of competent jurisdiction, or if compliance with, or enforcement of any Article
or Section should be restrained by such tribunal pending a final determination
as to its validity, the remainder of this Agreement and of any supplement or
riders thereto or the application of such Article or Section to persons or
circumstances with or enforcement of has been restrained, shall not be affected
thereby.
In the event that any Article or Section is held invalid or
enforcement of or compliance with which has been restrained as above set forth,
the parties affected thereby shall enter into immediate collective bargaining
negotiations upon the request of the Union or Company, for the purpose of
arriving at a mutually satisfactory replacement for such Article or Section
during the period of invalidity or restraint. If the parties do not agree on a
mutually satisfactory replacement within sixty (60) days after beginning of the
period of invalidity or restraint, the matter shall be referred to arbitration.
6 - HIRING EMPLOYEES
--------------------
1. Probationary Employees
-----------------------------
Every new employee shall be on probation for a period of sixty
(60) days worked, and during such period the Employer may dispense with his or
her services for any reason without any question or objection by the Union or
employee.
2. Shift Preference
-----------------------
No new employee shall be hired for day work until night shift
employees have been given the opportunity to bid on jobs that are vacant on the
day shifts; provided, that such transfers will not be made where they interfere
with requirements of reasonable training periods, not to exceed thirty (30) days
worked.
This section relates to rated jobs only. Employees hired for the
first shift, second or third shift can only be switched to a different shift at
the discretion of the Company and only if it does not interfere with the
operation of the business.
3. Part Time Employees
---------------------------
The Employer agrees that it will not make use of part time
employees in the classifications covered by this Agreement.
7 - CHECKOFF
-------------
The Employer agrees to deduct from the last pay each month of all
employees covered by this Agreement the dues, the initiation fees, and/or
uniform assessments of the Union having jurisdiction over such employees as
specified by the Union from time to time, and agrees to remit to said Union all
such deductions in a manner described by the Union prior to the tenth (10th) of
the month for which the deduction is made. Where written authorization is
required by law, the same is to be furnished by the Union in the form required.
No deduction shall be made which is prohibited by applicable law.
8 - MANAGEMENT RIGHTS
---------------------
1.
--
It is recognized that the well-being of both parties is directly
dependent upon the skill and efficiency and methods of operation with which the
business of the Employer is conducted, and that any assumption of the functions
of the management by representative of the Union is contrary to the intent and
purpose of this Agreement. Union agrees to do everything within its power by
full cooperation with the Employer to bring about the most efficient operation.
2.
--
The authority and responsibility for the management of the business shall
repose exclusively on the Employer and its appointed representatives, and the
Union or its representatives shall not interfere with the exercise of such
authority or responsibility. The Employer maintains its inherent right to
transfer employees from one department or assignment to another or to assign
employees as operating procedures may require, and to introduce mechanization
changes or palletized loading or the use of other equipment as may arise out of
the requirements of its business; however, the Employer agrees to negotiate in
advance with the Union any broad changes in its operation which would result in
the elimination of jobs for members of the Union. No provision of this section
shall be binding if it conflicts with other provisions of this Agreement.
9 - NON-DISCRIMINATION
---------------------
1.
--
The Employer and the Union agree to not discriminate against any individual
with respect to hiring, compensation, terms or conditions of employment because
of such individual's race, color, religion, sex, national origin or age, nor
will they limit, segregate or classify employees in any way to deprive any
individual employee of employment opportunity because of race, color, religion,
sex, national origin or age, and will comply with the Rehabilitation Act of 1973
(Sec. 503) and the Vietnam Era Veterans Readjustment Act of 1974 (Sec. 402) and
the Americans With Disabilities Act.
2.
--
The Company and the Union agree that there will be no
discrimination by the Company or the Union against any employee because of his
or her membership in the Union or because of any employee's lawful activity in
the Union.
3.
--
Employees shall be free from interference, restraint or coercion
by the Employer in their activities on behalf of the Union. Employees shall
refrain from participation in Union matters during working hours, except as
provided in this Agreement.
10 - INSPECTION PRIVILEGES
--------------------------
Authorized agents of the Union shall have access to the Employer's
establishment during working hours for the purpose of adjusting disputes,
investigating working conditions, collection of dues and ascertaining whether
the Agreement is being adhered to, provided however, that there is no
interruption of the firm's working schedule, and management is notified of the
Union's presence in the Plant.
11 - FAIR DAY'S WORK
-- --------------------
It is agreed that each employee is obligated to give a fair day's
work. Such obligation shall not be measured by use of industrially engineered
standards, but may be measured by other applicable criteria. Failure to give a
fair day's work shall be cause for discipline.
12 - JOB STEWARDS
-----------------
The Employer recognizes the right of the Union to designate Job
Stewards and Alternates.
The authority of Job Stewards and Alternates so designated by the
Union shall be limited to and shall not exceed the following duties and
activities:
1. The investigation and presentation of grievances in
accordance with the provisions of collective bargaining
agreement;
2. The collection of dues when authorized by appropriate
Union action;
3. The transmission of such messages and information which
shall originate with, and are authorized by the Union or
its officers, provided such messages and information:
b. Have been reduced to writing, or
c. If not reduced to writing, are of a routine
nature and do not involve work stoppages,
slowdowns, refusal to handle goods, or any other
interference with the Employer's business.
Job Stewards and Alternates have no authority to take strike
action, or any other action interrupting the Employer's business.
The Employer recognizes these limitations upon the authority of
Job Stewards and Alternates and shall not hold the union liable for any
unauthorized acts. The Employer in so recognizing such limitations shall have
the authority to impose proper discipline, including discharge, in the event the
Job ▇▇▇▇▇▇▇ has taken unauthorized strike action, slowdown, or work stoppage in
violation of this Agreement.
Stewards shall be permitted to investigate, present and process
grievances on or off the property of the Employer without loss of time or pay.
Such time spent in handling grievances shall be considered working hours in
computing daily and/or weekly overtime.
The Union shall have the right to designate Stewards and Alternate
Stewards and shall attempt to limit Stewards to one (1) ▇▇▇▇▇▇▇ for every one
hundred (100) employees; provided, however, there shall always be not less than
one (1) ▇▇▇▇▇▇▇ for each shift of employees within each building regardless of
the number of employees on such shift and regardless of the total number of
Stewards. Job Stewards, while serving in that capacity, shall receive top
seniority in their classification for the purpose of lay-off.
13 - DISCHARGE OR SUSPENSION
-----------------------------
1.
--
The Employer shall not discharge nor suspend any employee without just
cause. In all cases involving the discharge or suspension of an employee, the
Employer must immediately notify the employee in writing of his discharge or
suspension and the reason therefore. Such written notice shall also be given to
the Job ▇▇▇▇▇▇▇ and a copy mailed to the Union office within two (2) working
days from the time of the discharge or suspension.
2.
--
In respect to a discharge, the Employer must give one (1) warning notice of
the specific complaint against such employee in writing and a copy of the same
to the Union and the Job ▇▇▇▇▇▇▇. It is understood that the posted plant rules
may require varying degrees of disciplinary action. If the violation is one
which is cause for immediate dismissal then no warning is required. The warning
notice as herein provided shall not remain in effect for a period of more than
twelve (12) months from the date of the occurrence upon which the complaint and
warning notice are based. No rules may be in conflict with the provisions of
this Agreement.
3.
--
Any employee who resigns, retires or is discharged must be paid in full for
all wages owed him by the Employer, including earned vacation pay, if any,
within the later of five (5) days from the date of discharge or by the next
payroll period.
4.
--
A discharged or suspended employee must advise the Union in writing within
two (2) working days after receiving notification of such action against him of
his desire to appeal the discharge or suspension. Notice of appeal from
discharge or suspension must be made to the Employer in writing within five (5)
days from the date of discharge or suspension.
5.
--
Should it be proven that an injustice has been done to a discharged or
suspended employee, he shall be fully reinstated in his position and compensated
at his usual rate of pay for lost work opportunity. If the Union and the
Employer are unable to agree as to the settlement of the case, then it may be
referred to the Grievance Procedure as set forth in this Agreement, within ten
(10) days after the above notice of appeal is given to the Employer.
14 - GRIEVANCE AND ARBITRATION PROCEDURE
------------------------------------
1.
--
A grievance is hereby jointly defined to be any controversy, complaint,
misunderstanding or dispute.
Any grievance arising between the Company and the Union or an
employee represented by the Union shall be settled in the following manner:
The aggrieved employee or employees and/or Job ▇▇▇▇▇▇▇ must orally
present the grievance immediately or as soon as practical to the immediate
▇▇▇▇▇▇▇ in whose area the grievance arose. The ▇▇▇▇▇▇▇, employee and/or Job
▇▇▇▇▇▇▇ shall orally attempt to resolve the grievance at that time, if no
satisfactory settlement is reached following the oral attempt, the aggrieved
employee must present the grievance in writing to the Job ▇▇▇▇▇▇▇ within three
(3) working days after the ▇▇▇▇▇▇▇'▇ oral answer or within five (5) working days
after the reason for the grievance occurred. The Job ▇▇▇▇▇▇▇ shall present the
grievance in writing to the ▇▇▇▇▇▇▇ within one (1) working day after receiving
same and the ▇▇▇▇▇▇▇ shall answer such grievance in writing to the Job ▇▇▇▇▇▇▇
within one (1) working day. No time limits shall apply in case of violation of
wage provisions of this Agreement. If no satisfactory settlement is reached then
the grievance shall proceed to STEP 2.
2. The Job ▇▇▇▇▇▇▇ and the employee shall within two (2) working days following
the written answer from the ▇▇▇▇▇▇▇ in STEP 1 submit the grievance in writing to
the Union's Business Representative. Within five (5) working days, the Business
Representative shall meet with a representative of the Company with authority to
act to attempt to resolve said grievance, unless such time limit is actually
extended by the parties. A decision must be made and a written answer given
within five (5) working days after conclusion of the above meeting.
If the Company fails to comply with any settlement of the
grievance or fails to comply with the procedures of this Article, the Union has
the right to take all legal and economic action to enforce its demands;
provided, however, no sanction by way of strike or otherwise shall be imposed by
the Union on the Employer until after the parties have met to determine the time
when the settlement made shall be implemented. The notice shall be given by the
Union to the Employer that such a meeting is requested by the Union. The meeting
shall be held within three (3) working days after notice shall be given by the
Union to the Company that such a meeting is requested by the Union.
2.
--
In accordance with Article 12, any Job ▇▇▇▇▇▇▇ shall be permitted
to leave work with all reasonable speed to investigate and adjust the grievance
of any employee within his jurisdiction, after notification to his supervisor.
Employees shall have the right to have the Job ▇▇▇▇▇▇▇, or a representative of
the Union, present during the discussion of any grievance with representatives
of the Company.
3.
--
If no satisfactory settlement can be agreed upon, the parties
shall select a mutually agreeable and impartial Arbitrator within five (5)
working days after receipt of a written answer in STEP 2 above. In the event
they are unable to agree upon an Arbitrator, the matter shall be referred to the
American Arbitration Association within ten (10) working days after receipt of
written answer above and the Arbitrator shall be selected in accordance with the
rules of that agency. The expense of the Arbitrator selected or appointed shall
be borne equally by the Company and the Union.
4.
--
The Arbitrator shall have no authority to amend or modify this Agreement or
establish new terms and conditions under this Agreement. The Arbitrator shall
determine any question of arbitrability. In the event the position of the Union
is sustained, the aggrieved party shall be entitled to all the Health and
Welfare and Pension benefits of this Agreement which would have accrued to him
had there been no grievance.
5.
--
Both parties agree to accept the decision of the Arbitrator as
final and binding. If the Company fails within the time fixed by the Arbitrator
to comply with the award of the Arbitrator or with the procedures of this
Article, the Union has the right to take all legal action enforcing compliance.
6.
--
Notwithstanding anything contained herein, it is agreed that in
the event the Employer is delinquent at the end of a period in the payment of
contributions to the Health and Welfare Fund created under this Agreement in
accordance with the rules and regulations of the Trustees of such funds, after
the principal officer or his designated representative of the Union has given
seventy-two (72) hours notice to the Employer of such delinquency in Health and
Welfare payments, the employees or their respective representatives shall have
the right to take such action as may be necessary until such delinquent payments
are made and it is further agreed that in the event such action is taken, the
Employer shall be responsible to the employees for losses resulting therefrom.
The Union agrees to save the Employer harmless if the delinquency
is proven to be through no fault of the Employer.
15 - NO STRIKE - NO LOCKOUT
--------------------------
1.
--
The Company agrees that during the term of this Agreement, it will
not engage in any lockout in whole or in part of its employees.
2.
--
Except as otherwise provided in this Agreement, during the term of
this Agreement, the employees covered hereby shall not engage in, encourage or
sanction any strike, sitdown, picketing or any such actions which will interrupt
or interfere with the operations of the Company. No suit or claim of damages
shall be instituted or initiated by the Company against the Union, its
representatives or members by reason of such strike if the Union has taken the
steps described herein. The Union agrees that during the term of this Agreement,
neither it nor its officers or agents will engage in, encourage or sanction any
strike, sitdown, picketing or such actions which will interrupt or interfere
with the operations of the Company. In the event of any unauthorized violation
of this Agreement, the Union agrees that upon telegraphic notification by the
Company, it will take affirmative steps with the employees concerned to bring
about a resumption of the normal operation of the Company.
3.
--
It is further agreed that in the event of any violation of this
Article, except as provided otherwise in Article 32, Section 32.03, the Company
may discharge or otherwise discipline any employee (whether individually or in a
group) who has violated such Article. In such event, an employee discharged or
otherwise disciplined may file a grievance under the grievance provisions of
this Agreement.
16 - BREAK PERIODS
-------------------
The Employer will pay breaks and wash-up time as follows: a
fifteen (15) minute break in the morning and a fifteen (15) minute break in the
afternoon. In addition, a five (5) minute period will be provided for work area
clean-up time. Such time will commence ten (10) minutes prior to the end of the
shift and terminate five (5) minutes prior to the end of the shift. At this time
the employee will be permitted to leave his work area for personal clean-up time
and/or to ring out. The above time will be designated by ringing of an alarm. In
addition, the Employer will provide a fifteen (15) minute break to employees
scheduled to work more than ten (10) hours in any day. Such breaks shall begin
not later than the start of the tenth (10th) hour.
17 - LEAVE OF ABSENCE
---------------------
1.
--
An employee desiring a leave of absence from employment shall
submit a written request fully explaining the reason for the leave. Requests for
medical leave must be supported by a proper certificate from a physician. The
initial period for all leaves shall not exceed three (3) months. Permission will
not be unreasonably withheld. The Employer will make its response in writing to
the employee. Employees on leave of absence will not earn or receive holiday
pay, vacation pay, funeral pay or jury pay, except employees on approved sick
leave of absence may accrue vacation pay on the basis of a maximum of three (3)
month accrual credit.
2.
--
During the leave period, the employee will not engage in gainful
employment. Failure to comply with this provision may result in termination for
the employee involved.
3.
--
Extensions of the original leave for periods not to exceed thirty
(30) days shall be granted, provided proper certificate from the employee's
attending physician is presented to support requests for such extension.
4.
--
Six (6) consecutive months shall be the maximum period for which a
sick leave and subsequent extensions, as defined above, shall be granted.
Further extensions may be granted by mutual consent between the Employer and the
Union.
5.
--
Any employee who is absent from work for more than two (2)
calendar weeks because of sickness shall be required to obtain sick leaves as
provided in Section 18.01. Failure to obtain such approval shall result in his
being separated from the payroll as having voluntarily quit.
6.
--
Maternity leave will be treated as a medical leave. Maternity
leave will commence when the employee's condition substantially interferes with
job performance, or when a physician so recommends, whichever is sooner.
7.
--
Leaves in accordance with the Family and Medical Leave Act
("FMLA") shall comply with the West Company's Medical and Family Leaves of
Absence Policy, Policy No. POL-PER 435, except that in accordance with the New
Jersey Medical Leave Act, an eligible employee shall be one who has worked one
thousand or more base hours during the preceding twelve (12) month period.
Notwithstanding anything contained within that policy, no employee shall be
required to use otherwise available leave before becoming eligible for FMLA
leave.
18 - MILITARY DUTY
--- --------------------
1.
--
Any employee who shall enter into the Armed Services of the
Country shall, at the end of such Service, if physically and mentally fit, be
reinstated to his former position with full seniority, provided however:
He shall make application for reinstatement within ninety (90)
days from his Honorable Discharge from the Armed Forces, or within such further
period as may hereafter be prescribed by law, and the Employer's circumstances
have not so changed as to make it impossible to provide employment.
2.
--
Reserve servicemen will be allowed two (2) weeks time to train
under Government regulation and this time may not be charged against the
employee's vacation unless the employee requests his vacation at that time.
19 - LIE DETECTOR TEST
--------------------
The Employer shall not require, request or suggest that an
employee or applicant for employment take a polygraph or any other form of lie
detector test.
20 - SAFETY AND HEALTH
----------------------
1. Sanitary Conditions
--------------------------
Heating, lighting, toilet, locker and sanitary facilities and all
protective devices necessary to protect the health of employees shall be
provided by the Employer. The Union will at all times cooperate with and assist
the Employer in maintaining safety and health conditions in the plant.
Grievances which arise under Section 20.01 and which are not
settled in the Joint Safety Committee may be filed under Article 14 as a regular
grievance.
2. Safety Committee
-----------------------
A safety committee shall be established consisting of one (1) member
appointed by the Union and one (1) member appointed by the Employer. The
Employer shall pay for time spent by the Union member of the committee to a
maximum of four (4) hours per month.
3. Committee Functions
---------------------------
It shall be the function of the Joint Safety Committee to:
1. Recommend improvements in safety, sanitation and health
conditions affecting employees.
2. Investigate the cause of industrial accidents and compensable
industrial illness.
4. On-the-Job Injuries
---------------------------
Should an employee be injured at work and unable to continue
working as a result of the injury as determined by medical authority, he or she
shall be paid for the entire day. Should he/she lose time during any day
thereafter for treatment for injuries suffered while employed, he/she shall be
paid for lost time, not to exceed one (1) hour, and the same is to be counted as
time worked for the purpose of computing overtime pay. However, for purposes of
this Section, an employee shall not be compensated more than eight (8) hours of
lost time for treatment of any single occurrence. No employee shall lose his/her
job as a result of such injury. If he/she is physically able to perform after
he/she has recovered from his/her injury, he/she shall be entitled to resume
his/her job. In the event of injury, the Company has the right to send the
injured employee to the Company's designated compensation doctor approved by
their insurance coverage. If an injured employee desires the services of a
Doctor it shall be granted as soon as possible. The Company shall provide
transportation where necessary for medical attention on the day of the accident.
The Company agrees to notify the ▇▇▇▇▇▇▇ within a reasonable time of the
occurrence of any accident or injury on the Employer's premises during working
hours involving a bargaining unit employee or employees.
5.
--
The Company and Union agree to adopt The West Company's Controlled
Substances Policy, Policy No. POL-PER 446, dated July 30, 1997, except that it
is agreed that the Company will not engage in random drug testing as described
within that Policy, nor engage in the search of automobiles for the purchase of
determining compliance with the Policy.
As further clarification, in the event that the Company requires
an employee to test under this Policy, and that employee tests negative, the
Company will be responsible for the payment of wages for all missed work time
relating to the negative drug test. As a further clarification, upon return to
work, an employee will be required only to successfully complete a controlled
substance screening. Employees will not be required to contact their physicians
to alter drug dosages or treatment as provided for by the West policy.
21 - NEW EQUIPMENT
-----------------
Whenever the introduction of new equipment or machinery or the
creation of a new classification or the combination of existing classification
causes a substantial change in the kind of duties performed by any employee,
then the Employer and the Union shall discuss the appropriate rate for the new
or substantially altered job classification. Should the parties be unable to
reach agreement on the appropriate rate, then the Employer may set a rate and
the job will be posted and bid and the work will proceed, provided that the
Union may process the issue of permanent appropriate rate through the grievance
and arbitration procedure.
22 - TRANSFER OF TITLE
----------------------
In the event during the term of this contract, the Employer sells,
leases, assigns, merges or in any other way give overall or any part of its
existing operation, the present contract will continue to be binding upon
whatever new enterprise operates the Employer's business or any part thereof.
This provision shall be fully applicable regardless of the form or extent to
which the transfer takes place and all members of the bargaining unit shall
continue to have full rights under the contract with the new or altered
operations, and the contract shall be fully applicable upon all aspects of the
operation, both those transferred and those which may not be.
23 - BULLETIN BOARDS
------------------
The Employer agrees to provide suitable bulletin boards for the
exclusive use of the Union in a place accessible to all employees covered
hereunder.
24 - SPECIAL SHIFTS
-------------------------
The Employer may continue as is the practice to establish Special
Shifts of work which require earlier start times and/or later stop times than
established in this Agreement.
The Employer agrees that it will post the usual notice for this
purpose for six (6) work days.
The required positions will be filled using the principle of
classification seniority for rated positions and general seniority for unrated
positions.
Any such shift and the employees selected to staff same shall not
remain in effect for more than 90 calendar days without a new bid being
implemented.
25 - FLEXIBLE WORK WEEK
1.
---
The Employer may designate certain projects to be performed by
employees working a flexible work week, something other than a Monday through
Friday work schedule as established within Section 27.01.
2.
---
A flexible work week project will be posted by the Employer. Employees can
bid on the flexible work week by using the principle of classification seniority
for rated positions and general seniority for unrated positions.
1. If there are not a sufficient number of employees bidding
for the flexible work week assignments, then employees
hired after December 1, 1997 shall be assigned to the
position on the flexible work week schedule. No one shall
be assigned to a flexible work week schedule until bidding
has been extended to all rated and unrated employees.
2. All employees hired after December 1, 1997 shall be
advised at the time of hire that their schedule may become
a flexible work week schedule in the event that there are
not a sufficient number of employees bidding to work that
schedule.
3.
--
A flexible work week is any five (5) consecutive day period.
Employees working a flexible work week will not be provided premium rates as
established by Article 31.01 and 31.03. Instead, employees working a flexible
work week will receive a flex premium.
1. The flex premium will be eighteen dollars ($18.00) for a
scheduled work week which includes only a Saturday,
twenty-four dollars ($24.00) for a scheduled work week
including only a Sunday.
2. The flex premium will be forty-two dollars ($42.00) for a
scheduled work week which includes both a Saturday and a
Sunday.
3. Effective December 1, 1999, the above rates shall be
increased to twenty dollars ($20.00) for Saturday only, to
twenty-six dollars ($26.00) for Sunday only, and to
forty-six dollars ($46.00) for both days.
4. In order to receive the flex premium, the employee must
work each scheduled day during that work week. An employee
who has not worked, but been paid for vacation, holiday,
sick/personal or bereavement and who works at least three
(3) days in the scheduled week including all scheduled
weekend days, shall remain eligible for the flex premium.
4.
--
Employees working a flexible work week shall be returned to a
regular Monday to Friday work week at the conclusion of the flexible work week
assignment. Upon return they shall be compensated at premium rates in accordance
with Article 31. Flexible work week workers shall be ineligible for Article
31.01 and 31.03 premiums only during these weeks when assigned to and working a
flexible work week.
5.
--
The flexible work week must last four (4) weeks or longer. Regular
and routine overtime assignments shall continue to be scheduled and assigned in
accordance with Section 31.06. The Company shall have the discretion to
determine whether, and for how long, the flexible work week is to be used. These
assignments are project(s) based in response to customer demands.
1. Employees who successfully bid on flexible work week
assignments may after eight (8) weeks provide notice to
Human Resources of a desire to return to a regular work
schedule and will be accommodated as soon as a replacement
can be secured but not later than two (2) weeks after
notice of intent to return is provided.
2. Employees with compelling personal reasons will be given
the opportunity to return to a regular schedule prior to
eight (8) weeks.
3. An employee working a regular work week who is notified of
layoff will be permitted to use seniority to bump a less
senior employee, provided they have previously held the
classification or have the present ability to perform the
work. By bumping into a flexible work week assignment, the
employee shall then be scheduled and compensated as a
flexible week worker. This shall continue until the
employee is recalled to their former position.
6.
--
Holidays which fall on a non-scheduled work day shall be
compensated. The employee will accordingly be compensated for six (6) days for
five (5) days worked during such a week. The Company will not schedule Easter
Sunday as part of a flexible work week schedule.
26 - DIFFERENTIALS FOR LATE SHIFTS
---------------------------------
1.
--
A second shift is any eight (8) hour shift that begins no earlier
than 2:00 p.m. and no later than 6:30 p.m. Employees required to work this shift
shall be paid forty-five cents ($.45) higher hourly rate for all hours worked
than the rate paid for work in the same classification on the day shift.
2.
--
A third shift is any eight (8) hour shift that begins no earlier
than 10:00 p.m. and no later than 1:00 a.m. Employees required to work this
shift shall be paid fifty-cents ($.50) higher hourly rate for all hours worked
than the rate paid for work in the same classification on the day shift.
27 - WORK DAY AND WEEK
-------------------------
1.
--
The work week shall consist of not more than forty (40) hours to
be performed in not more than five (5) consecutive days of eight (8) hours each,
Monday through Friday.
2.
--
The work day shall consist of eight (8) consecutive hours,
exclusive of the lunch period.
3.
--
A day shift is any eight (8) hour shift that shall begin not
earlier than 5:00 a.m. and not later than 8:00 a.m. Day employees required to
report before 5:00 a.m. or required to work more than eight (8) hours or after
6:00 p.m. shall be paid at a premium rate of time and one-half (1-1/2) their
regular hourly rate for all time worked outside the regular day shift schedule.
The Employer agrees that employees who are late may be docked but
only to the extent of lateness. In no event will an employee be required to work
during any dock period.
28 - DAILY GUARANTEES
----------------------
Employees reporting for work at the regular starting time of their
shifts, Monday through Friday, shall be afforded four (4) hours of work or pay,
unless notified before the end of their previous shift not to report.
On snow days or hazardous weather days, if an employee reports to
work, and is working; and the company closes the plant, the employee will
receive a minimum of four (4) hours pay.
This Article shall not apply when the Employer is unable to afford
four (4) hours of work or less because of an Act of God or other emergency.
29 - FUNERAL LEAVE
----------------------
An employee who suffers the death of a spouse, mother, father,
son, daughter, brother, or sister, will receive a leave of absence with pay for
three (3) regularly scheduled work days. An employee who suffers the death of a
grandfather or grandmother, will receive a leave of absence with pay for two (2)
scheduled work days. An employee who suffers the death of a father-in-law or
mother-in-law will receive a leave of absence with pay for one (1) scheduled
work day. (A day's pay under this Article means eight (8) hours straight time
pay. Normally scheduled work day for this Article shall mean any days scheduled
for a basic forty (40) hour work week. Any day over the basic forty (40) hour
work week shall not be part of this three (3) day leave of absence.)
Since the above leave of absence is intended as a time to complete
necessary arrangements, and not a monetary gain, it will not apply to any
vacation, partial vacation or any portion thereof.
30 - JURY DUTY
------------------------
Employees on the active payroll for more than one (1) year shall
be entitled to jury duty leave not to exceed two (2) weeks in a calendar year,
but such jury duty leave shall not be allowed more than once in any two (2)
consecutive calendar years. The Employer agrees to pay eligible employees for
each day of jury service an amount equal to the difference between the
employee's daily straight time earnings and the payment received for jury duty.
This section shall not apply to any employee who voluntarily seeks jury service.
- PREMIUM RATES
------------------
1.
--
For all hours worked by regular full time employees on Saturday,
employees shall be paid at the rate of one and one-half (1-1/2) times the rate
for the job.
2.
--
For all hours worked by regular full time employees on holidays,
employees shall be paid at the rate of one and one-half (1-1/2) times the rate
for the job in addition to the pay for the holiday.
3.
--
For all hours worked on Sunday, employees shall be paid at the
rate of two (2) times the rate for the job.
4.
---
All hours worked on any shift shall be deemed to be worked on the
day the shift started.
5.
--
For all hours worked in excess of eight (8) hours in a day, the
employees shall be paid one and one-half (1-1/2) times their regular rate for
the job. For all hours worked in excess of forty (40) hours per week, and for
all hours worked in excess of thirty-two (32) hours per week in a week in which
a holiday occurs during the normal work week, the employees shall be paid one
and one-half (1-1/2) times their regular rate.
6.
--
a. Overtime Work Monday through Friday -- When a need for
overtime work develops, it shall be offered in the
following order:
1. To those employees working on that specific line
or job in seniority order;
2. To those employees permanently assigned to the
building and classification in seniority order;
3. To those employees within the department (Paco
Packaging or Paco Labs) able to perform the work
required in seniority order.
If overtime on that specific line is scheduled for more
than one (1) day, the Employer will do everything it reasonably
can to move higher seniority people within that specific building
on that specific shift within the classification to that line.
b. Overtime Work Saturdays, Sundays and Holidays -- When a
need for overtime develops, such work shall be offered in
the following order:
The Employer will make every reasonable effort to
distribute overtime equally among shifts.
1. To employees presently working and permanently
assigned within the building, department and
classification in seniority order;
2. To employees presently working and permanently
assigned within the department and classification
in seniority order;
3. To employees presently working within the
building and classification who are transferred
from the other department;
4. To employees able to perform the required work
who are presently working and employed by the
Employer in seniority order.
Notwithstanding anything to the contrary, employees who
sign up for any temporary voluntary transfer requested by the Employer
shall be offered Saturday, Sunday and Holiday work immediately following
such offering made to employees permanently assigned to the classification
and building in which such work is required (Step 1). Such offer of
overtime work shall be made first to the employees voluntarily transferring
within the department in which the work is required in the order of
seniority and thereafter to the employees voluntarily transferring from the
other department in seniority order.
It is expressly understood that the overtime schedule on non-rated
jobs shall first be offered to the appropriate employees permanently assigned in
the building where the work is to be done in seniority order and thereafter in
seniority order based upon total departmental service. The Employer agrees that
it will post all overtime postings in both Departments in all buildings when
lists are not filled at the time of the original applicable posting.
Any regular employee or group working overtime shall not be given
time off to offset overtime work.
The Employer has the right to schedule overtime work. The Union
will do everything in its power to have a sufficient number of employees
available to perform the job in overtime assignments. Although the parties
recognize that individual overtime is voluntary, a failure to report for
overtime accepted shall be cause for discipline. Furthermore, any concerted
refusal to work overtime is a violation of this Agreement and shall subject each
employee participating in the refusal to disciplinary action.
7.
--
Premium and/or overtime rates shall not be pyramided.
8.
--
The term Department is defined to mean Paco Packaging and/or Paco Labs.
9.
--
In the event an employee works prior to his regular scheduled
starting time, (early starts) he or she shall be paid at the rate of time and
one-half (1-1/2) for all hours worked prior to his regular scheduled starting
time and shall be guaranteed in addition the right to work his regular shift in
accordance with this contract, but must work his regularly scheduled shift in
order to qualify for the overtime pay, unless the failure to work such regular
shift is due to the action of the employer in which case the employee will
receive time and one-half (1-1/2) for the time worked on an early start. All
such starts shall be voluntary. An early start shall be defined as a starting
time prior to the time that the employee was regularly scheduled.
32 - HEALTH AND WELFARE
-------------------------------
1.
--
1. The Employer agrees to make payments to the Fund in the current
month for such current month, i.e. payment for December benefit
coverage to be received by Teamsters Local 35 Welfare Fund on or
before that December Tenth (10th).
2. The Employer shall contribute the sum each month in accordance
with the schedule set forth in Section 32.02 for each employee who
has worked, or reported for work on one (1) day of such calendar
month, except that no contributions shall be required for persons
until they have completed eighty (80) days worked.
3. If the employee is on lay-off status on the last day of the month,
the payment for the next month will not be made until said
employee returns to work.
4 Contributions set forth herein shall continue to be made by the
Employer for three (3) calendar month for employees who are on
sick leave or absent due to a compensable injury or illness.
2.
--
1. Effective December 1, 1997, and continuing for the life of this
Agreement, contributions shall be remitted in the following
amounts and as revised pursuant to Section 32.04:
12/1/97
--------
A. Blue Cross/Blue Shield $255.95
(employee only)
B. Blue Cross/Blue Shield (40.00)
dependant contribution
(max. allowable when
applicable)
C. Dental Contribution (per 7.00
employee)
TOTAL $262.95
----- -------
2. Employer shall provide life insurance coverage through a
carrier of its choice and provide the premiums therefor on each employee's life
as follows:
$10,000.00 of Life Insurance
Upon separation of employment notwithstanding the reason,
employees may elect to purchase this life insurance benefit by paying those
premiums established by the carrier to maintain such benefits.
3.
--
Contributions shall be remitted to the Fund no later than the
tenth (10th) of each month for that calendar month. All remittances to the Fund
shall be in a manner described by the Fund, and failure on the part of the
Employer to comply shall be considered a violation of this Agreement and shall
permit the Union to take any action including strike action after seventy-two
(72) hours notice to the Employer of such intended action unless the Employer
shall comply within said period except that the Union will hold the Employer
harmless for any delay which is not the fault of the Employer.
4.
--
The Union agrees to make an adjustment and reimbursement in the
event rate decreases are effected by New Jersey Blue Cross and Blue Shield
during the life of this Agreement. There shall be no modification in contract
rates for coverages other than Blue Cross and Blue Shield during the life of
this Agreement.
5.
--
The Company agrees to provide ▇▇▇▇▇▇▇'▇ Compensation Insurance as
provided as provided by law and Temporary Disability Insurance from a provider
or providers of its selection to the employees covered hereunder at no cost to
such employee.
33 - HOLIDAY PAY
----------------
1.
--
Eligibility qualifications for Holiday Pay:
1. Regular bargaining unit employees must have been in the employ of
the Employer for at least sixty (60) working days prior to
the Holiday.
2. These employees must work the full regularly scheduled plant work
day immediately preceding and the full regularly plant work day
immediately following the Holiday, except that active (i.e., not
those on Leave of Absence, see Article 18) employees who are
absent or leave early due to illness or injury, or other serious
circumstance and are excused by the Company will receive eight
(8) hours pay at straight time for such Holiday. Such excuse and
pay shall not be unreasonably withheld. It is understood that an
employee who is absent from work on the day before or following
the Holiday shall be required to support same with a Doctor's
certificate in order to be eligible for Holiday Pay.
In no event shall an employee be entitled to Holiday pay when
such employee is absent for more than two (2) consecutive
calendar weeks.
Holidays December 1, 1997 through November 30, 2000:
1. New Year's Day 2. Good Friday
3. Easter Monday 4. Memorial Day
5. Independence Day 6. Labor Day
7. Thanksgiving Day 8. Day after Thanksgiving
9. Christmas Eve (as applicable)
10. Christmas Day
11. Three (3) Sick/Personal Days
Employees will be permitted to use the Personal Days if
twenty-four (24) hours notice is given to Management and approval granted. Such
approval shall not be unreasonably withheld.
Employees will be eligible for the Sick Days with pay provided he
or she notifies personnel on the day of absence and reports the reason for the
absence.
On each December 31, the Company will allow as many employees as
is practicable, who so desire, to use available leave (vacation or personal
days) or to take that day off without pay if not entitled to such leave (and
without consequences for an absence) based upon their seniority and business
requirements.
34 - VACATIONS
---------------------
A. Vacations earned as of June 30th equal to or less than the Employer's
scheduled shutdown period (falling within the period May 15th to September 15th)
must be taken during the shutdown period. Any additional earned vacation must be
taken during the period May 15th through May 14th of the following year. The
date for determining number of years or months on the payroll for the purpose of
subparagraph D of this Article shall be June 30th.
B. All vacation pay shall be calculated on the employees basic straight
time hourly rate.
C. Vacation selection will be granted on a seniority (length of continuous
on-the-job service) basis, so far as possible preference as to dates being given
in the order of length of such service. Vacation schedules must be so arranged
as not to interfere with the regular and efficient conduct of business of the
Employer.
D. All employees who have been on the Employer's payroll for the periods
indicated below, shall receive the indicated vacations and vacation pay at their
current basic straight time hourly rate:
SERVICE
VACATION
After 13 weeks but less than 1 year - 3 Days
1 Year but less than 2 Years - 5 Days
2 Years but less than 3 Years - 7 1/2 Days
3 Years but less than 8 Years - 2 Weeks
8 Years but less than 15 Years - 3 Weeks
15 Years but less than 20 Years - 4 Weeks
20 Years and longer - 5 Weeks
E. Employees whose vacations occur in a period in which a holiday falls
shall receive an extra day's pay for the holiday.
F. No later than June 15th of each year of the Agreement, the Employer will
notify employees as to whether the employees will have an additional day's pay
or day off with pay in the event a holiday provided for in Article 33 falls
within the scheduled shutdown.
G. All vacations shall be taken in time off except under extenuating
circumstances. When an employee is laid off or his employment is terminated for
any reason, either he or (in case of death) his beneficiary will be entitled to
the vacation pay that had accrued at the time of separation.
H. The Employer may at his discretion designate a vacation period of up to
but not more than two (2) weeks during the months of July and August after
giving the employees at least three (3) month's notice.
35 - SENIORITY
-------------
A. Seniority shall be computed from an employee's original date of hire unless
broken for the following reasons:
1. Resignation;
2. Dismissal for cause;
3. Six (6) consecutive months of unemployment, unless upon approved
leave of absence;
4. Failure to report when notified to return to work in accordance
with Article 35(C);
5. Three (3) consecutive days of unexcused absence defined as three
(3) or more consecutive working days without notification to the
Employer during regular business hours, Monday through Friday,
except under proven extreme circumstances.
6. Absence from work for any reason for 24 consecutive months,
except if the absence is the subject of arbitration under the
agreement.
B. Layoffs
-------
1. Temporary Layoff - A temporary layoff is a layoff for lack of
work and shall be for a period no longer than one (1) week. Notice of a
temporary layoff must be given to the Job ▇▇▇▇▇▇▇ no later than the middle of
the employee's shift preceding the day of layoff, or pay in lieu thereof, unless
the layoff is caused by acts of God, power failure, or other reasons beyond the
Employer's control.
Employees in the classification or classifications affected by a
lack of work shall be laid off in reverse order of their seniority in accordance
with Department seniority lists (Paco Packaging and Paco Laboratories).
Thereafter, laid off employees shall have the right to bump into lower
classifications within the building where the layoff occurred provided they have
more seniority and previously held the classification or have the present
ability to perform the work of such lower classification taking the rate of the
classification, in which event employees having junior seniority in such lower
classification shall be laid off. However, no employee affected by a temporary
layoff and having bumping rights hereunder shall have the right to bump into a
job other than a job in the building in which he is working at the time of
temporary layoff.
2. Indefinite Layoff - An indefinite layoff is a layoff for lack
of work for a period longer than one (1) week. Notice of an indefinite layoff
must be given to the Job ▇▇▇▇▇▇▇ forty-eight (48) hours in advance, or pay in
lieu thereof, unless the layoff is caused by acts of God, power failure, or
other reasons beyond the control of the Employer.
Employees in classification(s) affected by a lack of work shall
be laid off in the reverse order of their seniority. Thereafter, those laid off
employees shall have the right to bump into lower classifications provided they
have more seniority and they have previously held the classifications or have
the present ability to perform the work of such lower classification taking the
rate for the classification, in which event employees with less seniority in
such lower classification shall be laid off.
A laid off employee having bumping rights hereunder and who
otherwise qualifies hereunder to bump into a classification on another shift or
in another Department (Labs or Packaging) shall have forty-eight (48) hours from
the receipt of Notice of Intent to Layoff to decide whether he/she desires to
exercise such bumping right.
It is the intent of the parties to afford senior employees the
privilege of bumping prior to layoff from work, and that no junior employees
work while senior employees are actually laid off.
If an employee elects to take the indefinite layoff option, he or
she shall remain on layoff until qualified under the recall provisions of this
Article to recall to the shift or Department (Labs or Packaging) from which he
or she was laid off; unless the Employer determines a need on another shift or
Department (Labs or Packaging) whereupon the employee shall be recalled to such
other shift or Department (Labs or Packaging) provided he or she qualifies under
the recall provisions of this Article.
3. An indefinite layoff shall become a permanent layoff and a break in
service shall occur when such layoff extends six (6) consecutive months.
4. Job Stewards, while serving in that capacity, shall receive top
seniority in their classification for the purpose of layoff.
5. It is expressly understood that in no event shall an employee be
permitted to bump to a higher rated classification or pay.
C. Recall - The Employer shall notify the employee when recalling and the
employee must respond to said notice within forty-eight (48) hours of his
intention to return within seventy-two (72) hours from the time of notice of
recall.
When returning from layoff, employees shall be returned to their
original job when that position becomes available.
When employees are recalled from layoff, they shall be recalled
in the reverse order of layoff provided they are qualified to perform the
required work.
In no event shall the Company hire new employees while there are
employees on layoff.
36 - JOB OPENINGS
----------------
Job openings are defined as but not limited to the following:
1. Permanent vacancies.
2. Additions to existing jobs.
3. New jobs declared by the Employer.
All such job openings shall be posted separately according to
wage rates on appropriate bulletin boards in locations where employees eligible
to bid are working.
A copy of such bid posting sheet shall be given to Union Stewards
at the time of posting and the Employer will make a reasonable effort to notify
employees on vacation.
Bid postings shall indicate the openings, department, building,
classification, shift, wage rate and range and other information the Employer
may have to assist the employees in the bid process.
Certain rated positions, as designated below, shall require an
employee to satisfactorily complete a basic test in order to successfully bid
for that rated position. An employee who has already satisfactorily completed
that test will not be required to retest in response to other postings for other
designated positions.
Employees currently in a rated position which requires the
successful passing of that test will not be required to retest should they bid
on another rated job so designated. The positions designated requiring a test to
successfully bid include the following: Class 100 Sterile Room; Form, Fill, &
Seal Operator; Label Machine Operator; Class 10000 Sterile Room; ▇▇▇▇▇▇▇ & Pouch
Fill Operator; Filler Operator; Line Leader; Vivus Class 100,000 Room; Carton
Machine Operator; Slitter/▇▇▇▇▇/Atlas Vac Operator; Pump Placer.
All bid sheets shall remain posted for a period of six (6)
working days.
Employees may use departmental (Paco Packaging or Paco
Laboratories) seniority to bid for any opening whether above, on a level with,
or below their current wage rate by placing their name on the bid sheet.
The Employer agrees to provide copies of the bid sheet containing
the names of bidders to Stewards when removing them from posting at the
conclusion of the bid period.
Each posting shall be valid for a period of sixty (60) calendar
days from the removal date. The same or additional openings offered must be
rebid if not filled within said period.
The Employer shall have the right to fill such vacancies on a
temporary basis for a period not exceeding three (3) weeks. The Employer agrees
to fill the openings on a permanent basis of departmental (Paco Packaging or
Paco Laboratories) seniority and ability to do the required work. Where ability
is relatively equal between applicants, departmental (Paco Packaging or Paco
Laboratories) seniority shall govern.
In the event there are no bidders within the appropriate
Department, the Employer will make the same posting in the other Department
(Paco Packaging or Paco Laboratories). Then, if there are no bidders, the
Employer shall have the right to fill such openings with a new employee.
37 - TRANSFERS
--------------
1.
--
To accomplish the work within the plants, the Employer may
temporarily transfer employees from one classification to another for a period
not to exceed three (3) weeks. When transferring employees, the Company will
transfer less senior employees first.
2.
--
An employee temporarily transferred to a higher, lower or equal
classification shall receive the rate of his regular classification for time
worked not to exceed three (3) weeks.
3.
--
An employee temporarily transferred to a higher classification
shall be credited with days worked in that classification. If the transferred
person(s) bid(s) for a permanent opening in that same job classification at a
later date and is successful, those credited days will be applied to reduce the
thirty (30) day qualifying period.
4.
--
An employee transferred must be returned to the position worked
prior to the transfer at the conclusion of the transfer period, provided that
position still exists.
5.
--
Temporary openings no matter which shift or building are not covered by a
six (6) day job bid requirement. The Employer shall not be required to post
temporary transfers for bid. The Employer may, at any time, post an inquiry
notice and transfer signers.
38 - SUPERVISION
-----------------
It shall be the policy of the Employer to use production
employees to perform all production operations. Therefore, no Supervisor or
Foremen (except Maintenance Foremen) or others not included in the bargaining
unit shall perform the duties normally assigned to employees in the bargaining
unit, except for purposes of instruction, in cases of emergency which do not
deprive regular employees of their regular work, including overtime, or for
development and experimental work to determine production processes and costs.
Supervisors or Foremen or others not included in the bargaining
unit who perform bargaining unit work as prohibited in this Section shall be in
violation of the Agreement.
39 - PENSION
------------
The Employer shall contribute the sum each month in accordance
with the schedule set forth in part (a) hereinbelow for each employee who has
worked or reported for work on one (1) day of such calendar month.
Such contributions shall be remitted to said Fund not later than
the fifteenth (15th) of each month for that month thereafter for the life of
this Agreement and continuing. To be eligible for Pension contributions an
employee must have one (1) full year of service with the Company.
a. Effective beginning December 1, 1997 - $35.00 per month per
member. Effective beginning December 1, 1998 - $45.00 per month per member.
Effective beginning December 1, 1999 - $55.00 per month per member.
b. Contributions shall continue to be made by the Employer for
one (1) full calendar month after the actual month of layoff.
c. Contributions shall continue to be made by the Employer for a
period of one full calendar month following the month in which sickness or
accident occurs for employees on sick leave or ▇▇▇▇▇▇▇'▇ compensation.
All remittances to the Fund shall be in manner described by the
Fund, and failure on the part of the Employer to comply shall be considered a
violation of this Agreement and permit the Union to take any action including
strike action after seventy-two (72) hours notice to the Employer of such
intended action, unless the Employer shall comply within said period.
40 - PLANT RULES
-- ----------------
1.
--
The Union recognizes that it is necessary for the Employer to
issue and post rules from time to time governing the conduct of employees and
that it is the duty of each employee to familiarize himself with such rules and
regulations. The Company shall have the right to post such rules and regulations
provided they are not in violation of the contract.
2.
--
No employee shall be required to produce a doctor's note until he
or she has been absent for three (3) or more days.
41 - WAGES
------------
Effective December 1, 1997 through November 30, 2000
A. NEW HIRES
Newly hired employees shall be paid in accordance with the
following procedure:
1. Start Rate
Effective December 1, 1997 - $6.05 per hour, or $.15 above the
minimum wage in effect.
2. After receiving the applicable start rate for thirty
(30) calendar days, such employee will receive twenty
cents ($.20) additional per hour. After completing the
probationary period, (Article 6, Section 6.01), such
employee will receive an additional twenty-five cents
($.25) per hour.
3. Thereafter, such employee will receive ten cents ($.10)
additional per hour for each forty (40) days worked
until such employee reaches the top job rate of assembly
worker.
4. The Employer reserves the right, in its discretion, to
pay new hires at pay rates higher than those set forth
herein, but not to exceed the base rate of any employee
who is then currently employed and has completed the
probationary period. Such action will be taken only if
the Employer determines that it is unable to hire and/or
retain qualified employees at the new hire rates set
forth herein.
B. JOB CLASSIFICATIONS AND TOP RATES
A General Annual Wage Increase for all classifications covered for
employees in such classifications and the top job rates on the dates
indicated are:
December 1, 1997 - Thirty Cents ($.30) December 1, 1998 - Thirty Cents
($.30) December 1, 1999 - Thirty Cents ($.30)
12/1/97 12/1/98 12/1/99
"Non-Rated" Job Classifications
-------------------------------
Assembly Worker 9.05 9.35 9.65
"Rated" Job classifications
----------------------------
1. Form, Fill & Seal Operator 9.65 10.00 10.35
2. Carton Machine Operator 9.45 9.80 10.15
3. Carton Machine Loaders 9.25 9.60 9.95
4. ▇▇▇▇▇▇▇ Pouch Fill Operator 9.65 10.00 10.35
5. Label Machine Operator 9.35 9.70 10.05
6. Filler Operator 9.35 9.70 10.05
7. Pump Placer 9.35 9.70 10.05
8. Overwrap/Shrinkwrap 9.35 9.70 10.05
9. Trimmer (Operator) 9.35 9.70 10.05
10. Clorox Fill Team 10.05 10.40 10.75
11. Secondary Heat Seal Feeder 9.35 9.70 10.05
12. Class 100 Sterile Room 9.55 9.90 10.25
13. Line Leader 10.40 10.45 10.80
14. Class 10000 Sterile Room 9.35 9.70 10.05
*15. Neck Bander Operator 9.35 9.70 10.05
16. Truck Driver 10.50 10.85 11.20
17. Company 10.15 10.50 10.85
18. Stockperson 9.50 9.85 10.20
19. Forklift Operator 9.75 10.10 10.45
20. Slitter/▇▇▇▇▇/Atlas Vac 9.40 9.75 10.10
21. Janitor/Matron 9.50 9.85 10.20
22. Auxiliary Line Checker 9.25 9.60 9.95
23. Class 100,000 Sterile Room 9.55 9.90 10.25
*Classifications designated by asterisk will continue as rated jobs only for so
long as there are employees classified as of December 1, 1997 in such positions.
These employees will continue to receive all general increases. However, the
Company shall have no obligation to post or fill vacancies in those
classifications after December 1, 1997 with that work to be assigned by the
Company to any qualified employee who shall perform at their own current rate of
pay.
C. PROGRESSION
1. Any employee who is currently paid at the top rate of his/her
classification and is assigned a higher rated classification in
accordance with the Labor Agreement shall receive the top rate of
the classification to which they are assigned upon completion of
thirty (30) days worked in that new classification.
2. Any employee who is not currently paid at the top rate of his/her
classification and is assigned a higher rated classification in
accordance with the Labor Agreement shall receive an increase
which shall equal the difference between the top rate of his/her
existing classification and upon completion of (30) days worked
in that new classification. Such employee shall then receive a
progression increase of ten cents ($.10) per hour each forty (40)
days worked until such employee reaches the top rate of his/her
classification.
3. Any employee whose position was consolidated as a result of
contract negotiations, and not already at the highest rate of pay
shall receive progressive increases of ten cents ($.10) per hour
each forty (40) days worked until such employee reaches the top
rate of his/her classification.
4. Any employee who shall have completed the probationary period
shall receive the annual contract scale increases as they become
effective in addition to any progression increases he or she may
be entitled to and receive in accordance with this Section "C."
D. BONUS
1. In lieu of an attendance bonus, all active employees as of
December 1, 1997 shall receive a lump sum bonus of $450.00, less
appropriate withholding taxes. Employees not actively at work as
of December 1, 1997, who subsequently return to work from layoff,
leave of absence, or other approved leave on or before March 1,
1998 shall be entitled to that bonus upon completion of thirty
days of work.
2. A second bonus shall likewise be provided on or about December 1,
1998 also in the amount of $450.00 less appropriate withholding
taxes. Employees shall be entitled to that second bonus only if
they were eligible for and received the bonus set forth in
paragraph 1, above. Employees who received that first bonus, but
not actively at work on December 1, 1998, who shall return to
work from layoff, leave of absence or other approved leave by or
before March 1, 1999 shall be entitled to that bonus upon
completion of thirty days of work.
E. CREDIT UNION
The Employer agrees to payroll deductions for a credit union provided that it
shall be at no additional cost to the Employer.
42 - TERMS OF AGREEMENT
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This Agreement shall be in full force and effect from December 1,
1997 to and including November 30, 2000, and shall continue thereafter from year
to year unless written notice of intention to change or modify by either part at
least sixty (60) days prior to November 30, 2000, or the expiration of each
contract year thereafter.
For the Union: For the Employer:
TEAMSTERS LOCAL NO. 35 PACO PHARMACEUTICAL SERVICES
By___________________________ By___________________________
▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
President General Manager
By___________________________ By___________________________
▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇'▇▇▇▇▇
Director, Human Resources