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EXHIBIT 10.34
AGREEMENT
PREAMBLE
(1) This Agreement entered into on this 9th day of August, 1995,
(effective July 1, 1995) between POWERMATIC, A DIVISION OF ▇▇▇▇▇▇▇-▇▇▇▇▇▇▇,
INC., McMinnville, Tennessee, hereinafter referred to as the "Company," and
the UNITED STEELWORKERS OF AMERICA, AFL-CIO-CLC, hereinafter referred to as
the "Union," on behalf of Local Union No. 7431.
(2) It is the intent and purpose of the parties hereto that this
Agreement shall promote and improve industrial and economic relations between
the Company, the Union, and employees; and to set forth herein the basic
agreements covering the rates of pay, hours of work, and conditions of
employment to be observed between the parties at the Main Plant and Foundry
located on ▇▇▇▇▇▇▇▇ Road, McMinnville, Tennessee.
ARTICLE I - RECOGNITION
AND REPRESENTATION
RECOGNITION OF BARGAINING UNIT
(3) The Company recognizes the Union as the sole collective
bargaining agent pursuant to the certification by the National Labor Relations
Board, United States of America, Case No. 10-RC7266, dated the 26th day
of December, 1967, for all production and maintenance employees of the
Employer's factory and foundry in McMinnville, Tennessee, including store
keepers, plant clerical employees, material handlers, tool room employees,
tool crib employees, and leadmen, but excluding all office clerical employees,
professional employees, guards, and supervisors as defined in the Act.
GRIEVANCE COMMITTEE
(4) The Union may designate a chief ▇▇▇▇▇▇▇ for each shift of ten
(10) or more employees at the main plant and the foundry.
The employees shall be represented by a grievance committee who shall
be designated in a manner determined by the Union, and who shall be employees
of the Company. The president of the Union shall be an ex officio member of
the grievance committee.
Upon proper notice to their respective ▇▇▇▇▇▇▇, members of the
grievance committee shall be permitted to visit departments other than their
own at reasonable times during their regular shift hours for the purpose of
transacting proper Union business under this agreement. The privilege of
conducting such business during their regular shift hours without loss of pay
is extended providing it is not abused.
The committeeman will be notified by the ▇▇▇▇▇▇▇ of the time and
place of the meeting within thirty (30) minutes of the time of notice.
DEPARTMENTAL STEWARDS
(5) The employees shall be represented by seven (7) Stewards
and one (1) Chief Committeeman at the Main Plant. Employees at the Foundry
shall be represented by two (2) Stewards and one (1) Chief Committeeman.
Stewards shall be assigned and directed to areas exclusively by the
Local Union President.
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In the event the work force increases to 160 hourly employees, the
Main Plant and the Foundry will increase one (1) each.
After properly reporting to their respective ▇▇▇▇▇▇▇, departmental
stewards will be permitted to handle promptly, proper matters under the
grievance procedure within the department or district which employees they
represent. However, permission from the ▇▇▇▇▇▇▇ will not be unreasonably
withheld. The privilege of conducting proper Union business during their
regular shift hours without loss of pay is extended providing it is not
abused.
MEETINGS AND AGENDA
(6) Meetings shall be arranged between the Company
representatives and the Grievance Committee for the purpose of discussing
grievances and such matters as they may arise from this Agreement whenever
conditions and circumstances necessitate such meetings. When such occasions
arise, meetings shall be arranged by mutual agreement as to time and place.
Company and Union representatives shall exchange an agenda of the subjects or
grievances to be discussed at least twenty-four (24) hours prior to the
scheduled meeting unless this requirement is waived by mutual agreement at the
time the meeting is requested.
UNION ROSTER
(7) A written list of the Union officers, negotiating and
grievance committee members and departmental stewards shall be furnished to the
Company immediately after their designation, and the Union shall notify the
Company promptly in writing of any changes.
NON-DISCRIMINATION
(8)(a) There shall be no discrimination against any employee because
of his membership or non-membership in the Union or because of his acting as
an officer or in any other capacity on behalf of the Union. The parties to
this Agreement will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin or age above
the legal minimum. The parties will take affirmative action to insure that
applicants are employed and that employees are treated during employment
without regard of their race, color, religion, sex, national origin or age
above the legal minimum. Such action shall include, but not be limited to,
employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoffs or terminations, rates of pay or other forms of
compensation and selection for training, including bulletin boards available
to employees and applicants for employment, for the posting of notices setting
forth the provisions of this non-discrimination clause. The parties further
affirm that they recognize and will comply with Executive Order 11246 and
with the Civil Rights Act of 1964, the Vietnam Era Veterans Act of 1974, and
the Rehabilitation Act of 1973 (as amended).
(b) Wherever in this Agreement a noun or pronoun is expressed
male or female gender, it is understood and agreed that such noun or pronoun
shall be interpreted interchangeably as male or female gender.
ARTICLE II - UNION SECURITY
AND RESPONSIBILITY
SOLICITING MEMBERSHIP
(9) The Union agrees that there shall be no solicitation for
Union Membership during working hours on Company time or at Company expense.
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DUES DEDUCTION
(10) The Company will deduct from employee's wages and remit to
the proper officer of the Union all dues, initiation fees, and assessments
levied by the Local Union and International Union of such members of the Union
as individually and voluntarily certify in writing on check-off cards supplied
by the Union, that they authorize such deductions.
REMITTANCE TO UNION
(11)(a) An abstract of the above deductions, showing names and
amounts deducted from each individual will accompany the monthly remittance to
the Secretary-Treasurer of the United Steelworkers of America, AFL-CIO,
Pittsburgh, Pennsylvania, on or before the twenty-fifth (25th) of each month.
(b) The Company shall furnish the Financial Secretary and the
President of the Local Union a monthly written list of those Union employees
from whom deductions have been made and the amount of the deductions. The
written list shall include those Union employees from whom no deductions were
made and the general reason therefore.
EFFICIENT OPERATION
(12) The Union agrees that it will do everything within its power
to cause the employees covered by this Agreement individually and
collectively, to perform and render efficient work and service, and that it
and its members will wholeheartedly cooperate with the Company in the
introduction or operation of new equipment or changes in processes or
production methods to improve quality or to improve the Company's competitive
position.
FAIR DAY'S WORK
(13) The Union recognizes the responsibilities imposed upon it as
the exclusive bargaining agent of the employees covered by this Agreement; and
realizes that, in order to provide maximum opportunities for continuing
employment, good working conditions and fair and equitable wages, the Company
must be in a strong competitive position, must produce efficiently, must
maintain quality, and at a competitive cost consistent with fair labor
standards. The Union, through its bargaining agency, assumes responsibility
for cooperating with the Company in the attainment of these goals. The Union,
therefore, agrees that it will cooperate with the Company to assure a fair
day's work on the part of its members.
ARTICLE III - MANAGEMENT'S
RESPONSIBILITY
COMPANY RIGHTS
(14)(a) Any of the rights, powers or authority the Company had prior
to the signing of this Agreement are retained by the Company, except those
specifically abridged, delegated, granted or modified by this Agreement and
any supplemental agreements that may hereafter be made, provided the exercise
of these rights does not conflict with any provisions of this Agreement.
(b) The management of the Company and the direction of the
working forces, including the products to be manufactured, the location of the
plants, the schedules of production, the schedules of hours and shifts, the
methods, processes and means of manufacturing, the right to hire, promote,
demote, transfer, establish reasonable rules of plant conduct, discharge or
discipline for proper cause and to maintain discipline and efficiency of
employees, improve quality, reduce costs and
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establish and attain reasonable work and production standards, are the sole
and exclusive rights and responsibilities of the Company, except as provided
in this Agreement and all supplemental agreements.
It is understood and agreed that this section will not be used for
the purpose of discriminating against Union members.
The foregoing enumeration of the Company's rights shall not be deemed
to exclude other inherent management rights.
ARTICLE IV - SENIORITY
DEFINITION AND APPLICATION
(15) For the purposes of this Agreement, an employee's seniority
shall be his length of continuous service with the Company from his last date
of hire. In effecting changes in employment status of employees, plant
seniority shall be applied as specified hereinafter in this Agreement.
PROBATIONARY EMPLOYEES
(16) All new employees shall be regarded as probationary employees
during the first thirty (30) working days of their employment with the
Company, exclusive of any absences. A probationary employee shall have no
seniority rights, his retention as an employee is entirely within the
discretion of the Company and the Company's decisions on handling of
probationary employees may not be the subject of a grievance either by the
employee or by the Union. After satisfactory completion of the probationary
period the employee will become a permanent employee, will become covered
under this Agreement, and his seniority reverts back to the original date of
hire.
UNION REPRESENTATIVES SENIORITY
(17)(a) For the purpose of lay-off, recall, and shift retention only,
the President and Vice President shall possess top plant-wide seniority during
their term of office providing there is work available which they are capable
of performing.
(b) Departmental Stewards and Chief Stewards, for the purpose of
lay-off, recall and shift retention only, shall head the seniority list of
their designated district and shift during their term of office provided there
is work available which they are capable of performing.
(c) In the application of paragraph (17), sub-paragraph (a) and
(b) above, the following procedure will be followed: the President, Vice
President, Chief Grievance Committeeman and Departmental Stewards shall
possess super seniority on their respective jobs and will not be laid off from
their respective jobs until all jobs in their respective classification are
curtailed.
(d) Departmental Stewards super seniority in their respective
departments will prevail over the President, Vice President, and Chief
Grievance Committeeman, unless and/or until the President, Vice President, and
Chief Committeeman have nowhere else to exercise their seniority, in which
case the President, Vice President, or Chief Committeeman could then bump the
Departmental ▇▇▇▇▇▇▇.
(e) Chief Committeemen and Departmental Stewards super seniority
is limited to their respective shifts and area, such as foundry or main plant.
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SENIORITY LIST
(18) Effective with this agreement, a complete list of seniority
dates of all employees within the bargaining unit shall be agreed upon by the
Company and the Union. The Company shall furnish the Departmental Stewards and
Chief Stewards with a current list of all employees in the bargaining unit
setting forth their seniority status once every six (6) months. A copy of the
current seniority list will be posted every thirty (30) days at a designated
location at the Main plant and Foundry. Should the list be found to be
incorrect or if changes occur in the list, a corrected copy will be furnished
to the Union and a copy posted within five (5) working days.
LOSS OF SENIORITY
(19) An employee shall lose his seniority for the following
reasons:
(a) he quits voluntarily;
(b) he is discharged for proper cause;
(c) he is absent from work for three (3)
consecutive work days without proper
notification to the Company unless he has
valid reason for not reporting;
(d) he fails to report for work within six (6)
working days after notice of recall by
certified mail to the last known address on
the employee's personnel record without valid
reason therefore, provided he notifies the
Company within three (3) days of his
intention to return to work;
(e) lay-off for twelve (12) continuous months or
period equal to his accumulated seniority up
to a maximum of five (5) years.
FORCE REDUCTION
(20)(a) When a reduction in force is required, the employee or
employees with the least plant seniority in the classification and shift
involved shall be laid off first. Such employees shall be entitled to exercise
their seniority in any classification in which they are qualified for, with
the result that the most junior employee in the classification on that shift
will then be laid off. If a non-cell employee elects to bump into a cell,
they can only displace the junior employee in the Cell "B" classification and
must be capable of performing 20% of any of the work required in the cell. In
the event there is no Cell operator "B" in that cell, but there are junior
employees to him classified as Cell Operator "A", then the employee would be
placed in the cell as a Cell Operator "B" provided he can perform 50% of any
of the work required with the result that the junior Cell Operator "A" would
then be laid off.
In the event a force reduction is required in a cell, an "A" Cell
operator or an employee who had previously held the cell Operator "A"
classification in that cell may displace a junior employee in either the "A"
or "B" cell classification provided they can perform the work required in that
cell as outlined in sub-paragraph (b) of this paragraph. A cell Operator "B"
can only displace a cell Operator "B" in another cell provided he is capable
of performing 20% of any of the work required, except that if there is no
junior Cell Operator "B" to displace but there is a junior Cell Operator "A",
then the employee would be placed in the cell as a Cell Operator "B" provided
he can perform 50% of any of the work required with the result that the junior
Cell Operator "A" would then be laid off. In no event shall 50% of the
employees in a given cell be displaced during a six (6)
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month period of time from the date of the latest force reduction that
affected a particular cell.
(b) An employee may exercise his seniority provided that when, in
the opinion of the Company, he has the physical capacity and the
qualifications to perform the work required in such classification. In order
to so exercise seniority, the employee must be capable of performing the work
required without a special training period, except that an employee who has
held the classification previously, and changes have been made to the
classification since he last held the classification, such employee will be
allowed a familiarization period of up to five (5) working days. If the
employee is then not capable of performing the work required without training,
such employee will then be disqualified from the classification. Once an
employee has elected to exercise his seniority on a reduction in force, he
shall not be entitled to again exercise his seniority unless another reduction
in force occurs or he is disqualified.
(c) An employee who elects not to exercise their seniority in (b)
and there are bumping opportunities available will be classed as a voluntary
lay-off and will go out of the plant.
(d) An employee who has exhausted his seniority rights to bump
classifications for which he is qualified in (b) above may apply to the
Personnel Office for placement in a pool job defined as labor grades 8, 9 and
10. He will be placed in a job in the pool in accordance with his seniority and
physical capacity to perform the work available.
(e) When a reduction in force becomes necessary, the Company will
post a notice on the bulletin boards at least five (5) days in advance of the
lay-off identifying the department and/or classifications affected. The five
(5) days notice shall not be required if the layoff is due to conditions that
were beyond the control of the Company (such as an act of God, fire, flood,
storm, or power failure).
FORCE INCREASE
(21)(a) In restoring the workforce after a force reduction, the
employee or employees with the greatest plant seniority, either in the plant
or out of the plant, will be recalled first subject to their physical capacity
and qualifications to perform the work required, except that employees who are
laid off out of classification and are still in the plant will have recall
rights only to those jobs they have held since being laid off from their
regular job classification subject to their seniority.
Any employee who is on voluntary lay-off will not be recalled to any job until
a job in his regular classification on any shift is open. In the event the
employee's regular job classification is eliminated after a voluntary lay-off,
or if they have not been recalled after a twelve (12) month period, they will
no longer be considered a voluntary lay-off and will be subject to normal
recall procedure. Employees being recalled to jobs in labor grades 8, 9 and 10
will be recalled subject to their physical capacity and seniority only.
With respect to restoring the work force in a cell, the senior qualified
employee classified as a cell Operator "A" shall be eligible for recall to
either a cell Operator "B" or cell Operator "A" classification provided they
are qualified to do the work required in that cell. A senior qualified
employee classified as a cell Operator "B" shall only be eligible to be
recalled to a cell Operator "B" classification provided they can do 20% of the
work required, unless they had previously held the classification of cell
Operator "A" in that cell in which case they could be recalled to a cell
Operator "A" classification. A senior qualified non-cell operator can be
recalled to a cell
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Operator "B" classification provided they can perform at least 20% of the work
required in the cell.
(b) All employees must return when recalled to their regular job
classification and shift or recalled to a classification which is equal to or
higher in labor grade then their regular classification on their regular
shift. If an employee refuses recall to his regular job classification on a
shift other than his regular shift, then the employee shall forfeit future
recall rights to his regular job classification on those shifts. If an
employee refuses recall to any other classification and/or pool job, he shall
forfeit future recall rights to such classification and/or pool job on that
shift.
JOB BIDDING PROCEDURE
(22)(a) When vacancies occur or new jobs are created, all such
openings shall be posted by the Company for three (3) working days; however,
before the job is posted, employees currently holding a job in the open
classification will be given the option of changing shifts in accordance with
their seniority for the open job. Employees on lay off status may bid for the
open job, however, it is understood and agreed to that the Company or the
Union will have absolutely no obligation to notify such employees of the job
opening. The Company will provide the Chief ▇▇▇▇▇▇▇ at the Main Plant and
Foundry with a copy of all bids at the end of the bidding procedure along with
the name of the successful bidder.
(b) To be eligible for a job vacancy, an employee must have
completed the probationary period and be considered a permanent employee. The
successful bidder on a job shall not be entitled to bid on another opening for
a maximum period of ninety (90) calendar days unless the bid is for a higher
labor grade.
(c) Employees bidding on a job shall be selected from the bidders
on the basis of qualifications, physical capacity and seniority. When
qualifications and physical capacity are considered relatively equal, the most
senior employee will be given the job. However, jobs in labor grades 8, 9 and
10 will be filled by considering only seniority and physical capacity to
perform the job. If no person who is qualified bids on the job, the Company
may hire a new employee for the job. If the Company is unable to find a
qualified candidate on the outside within six (6) months, then the Company
will either cancel the bid or bid the job as a training classification and
select and train the most qualified senior employee, if one is available.
Once a job is posted and awarded, and the job again becomes vacant
within thirty (30) working days from the date of the award, the job will not
be re-posted but instead will be filled in accordance with this paragraph
based on the original posting.
(d) If a successful bidder is unable to perform the new
assignment after an appropriate trial period of up to thirty (30) working
days he shall be given the opportunity to return to his old classification.
(e) A successful bidder on a job posting shall be assigned to the
job within ten (10) working days of the end of the posting period unless
extenuating circumstances are involved. In any event, the successful bidder
shall receive the appropriate rate on his new classification not more then ten
(10) working days from the date the job is awarded. If the job is awarded to
an employee and accepted in writing by the employee and he subsequently
refuses to accept the job, he shall not be entitled to bid on another job for
ninety (90) days.
(f) Job vacancies which will extend for a period of thirty (30)
working days or more because the incumbent is on leave because of illness or
injury or has been discharged pending final disposition, shall be posted as a
temporary opening immediately upon positive determination that the vacancy
will continue for
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thirty (30) working days or more. In the event the incumbent loses his
seniority status, the successful bidder shall be considered to have been given
a permanent job award.
(g) Employees who are awarded a job of Cell Operator "B" will be
given training opportunities to learn all steps within the cell so that they
may be upgraded to Cell Operator "A" within a one (1) year Period. To be
eligible to be upgraded to Cell Operator "A", they must be qualified to
perform that work in each defined step of the cell. The Progression Committee
will review the progress on a quarterly basis. An employee who is not
qualified to be upgraded will be told what improvements would be required in
order for them to become upgraded. Employees who have not been qualified in
each step within the cell will not be upgraded until they have become
qualified in each step. The Company will not unreasonably withhold training
opportunities to cell employees.
(h) A committee will be established to review the JIT step
progression system which will meet on a quarterly basis. The committee will
consist of the Industrial Relations Manager, the Plant Superintendent and the
respective Supervisor for the Company and the Union President, Chief ▇▇▇▇▇▇▇
and the respective ▇▇▇▇▇▇▇ for the Union.
(i) When a vacancy occurs in a given cell, the job vacancy will
be posted in accordance with sub-paragraph (a) of this paragraph. At the same
time, the Company may hire a new employee as a cell operator trainee without
having to post the trainee job. The cell trainee may be placed in various
cells as needed and for filling vacancies created by successful bidders
without being temporary transferred, until such time that a cell job is
posted with no successful bidders, or within six (6) months, whichever comes
first. At that time the cell operator trainee will be permanently assigned to
that cell as a cell operator trainee for that particular cell and any
movement, thereafter, out of the cell would require a temporary transfer
consistent with the labor agreement. Once assigned to a cell, the trainee
would progress to cell Operator "B" after he becomes, in the opinion of the
Company, qualified to perform twenty percent (20%) of the work required in
that cell or after six (6) months from the date he was employed, whichever
comes first. The experience a trainee gains while classified as a cell trainee
will not be considered in determining the qualifications of the successful
bidder for a job opening award.
TEMPORARY TRANSFER ASSIGNMENTS
(23)(a) When operating conditions necessitate the temporary transfer
of an employee from one classification to another classification to fill a
vacancy or opening for a temporary period, such employees shall be paid as
provided in Paragraph (41) "Temporary Transfer Rate."
(b) The Company will afford the opportunity for the transfer to
senior qualified employees, provided that they can be spared from their job,
that the remaining employees can perform the work satisfactorily and they are
qualified to perform the work required. In the event no one desires the
transfer, the junior qualified employee will be transferred. A senior employee
displaced from his original bid job shall have first opportunity to move back
to his job on temporary transfers provided the temporary opening exceeds eight
(8) hours.
(c) A temporary transfer shall not exceed fifteen (15) days
worked but may be extended by mutual agreement between the Company and the
Union.
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(d) A list of temporary transfers will be given to the
Departmental ▇▇▇▇▇▇▇ weekly from his area for all transfers made during the
preceding week. In addition, a list of all temporary transfers will be given
to the Union President monthly for all transfers made during the preceding
month.
(e) When it becomes necessary for the Company to temporary
transfer Departmental Stewards from their designated districts, the Company
will so advise the Chief Committeeman if available.
(f) The experience an employee gains as a result of temporary
transfer shall not be considered in determining the qualifications of the
successful bidder for a job opening award.
(g) No employee will be temporarily transferred while another
employee temporarily works on his job unless the reasons are discussed with
the originally transferred employee.
PHYSICAL EXAMINATION
(24) Any employee who has been absent from work for any reason for
a period of more than thirty (30) calendar days shall be required to complete
a satisfactory physical examination at Company expense before being permitted
to return to work, unless waived by the Company. The Company will pay for any
time lost from work for the purpose of taking a physical examination.
However, the Company will not pay for any hours lost for the purpose of taking
the physical examination, if the examination is scheduled by the Company prior
to the date on which the employee is scheduled to return to work. This
paragraph excludes physical required under paragraph (29) "Disability Leaves."
SHIFT PREFERENCE
(25) Employees who have been in their classification for at least
six (6) months will be entitled to exercise their plant-wide seniority within
the same job classification to transfer to the shift of their preference, once
every six (6) months, provided they are qualified to perform the actual work
being done on the other shift.
MILITARY SERVICE
(26) An employee inducted into the Armed Forces of the United
States under the provisions of the Universal Military Training and Service Act
of 1951 (as amended) shall accumulate seniority during such period of service,
and upon the termination of such period shall have his employment status
restored upon his return and shall be re-employed, all in accordance with the
provisions of the Act.
VETERANS SCHOOLING LEAVE
(27) After date of this Agreement, any employee entitled to
reinstatement after military duty who applies for reemployment and who desires
to pursue a course of study, in accordance with the federal law granting him
such opportunity, before returning to his employment with the Company, shall
be granted a leave of absence for such purpose. Such leave of absence shall
not constitute a break in the record of continuous service of such employee
but shall be included therein, providing the employee reports promptly for
reemployment after the completion or termination of such course of study. Any
such employee must notify the Company and the Union in writing, at least once
each six (6) months of his continued interest to resume active employment with
the Company upon completing or terminating such course of study.
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PERSONAL LEAVES OF ABSENCE
(28) Employees requesting a leave of absence in writing may be
granted a leave of absence by the Company. No leave of absence shall be
granted for more than sixty (60) calendar days, but the Company may extend the
leave of absence for good cause. All requests for such leave of absence will
be made in writing to the Company stating the reason the leave is being
requested.
DISABILITY LEAVES
(29) The Company will grant employees, without loss of seniority,
leaves of absence for disability resulting from sickness or injury, when
proper proof is given to the Company. At the expiration of such leaves, the
employees will be returned to their former job or work which they can perform
in accordance with their plant-wide seniority as if they had not suffered such
disability, provided they have complied with all applicable provisions of this
Agreement.
UNION BUSINESS LEAVES
(30) An employee elected or appointed to an office in the
International Union shall be granted a leave of absence up to a maximum of a
one (1) year period. In addition, employees will be granted limited leaves of
absence to attend Union training conferences, be delegates to appropriate
Union conventions or to fulfill their responsibilities as local Union
officials and representatives.
NON-BARGAINING UNIT TRANSFERS
(31) Employees promoted or transferred to a non-bargaining unit
position shall relinquish all seniority and reinstatement rights on the date of
such transfer or promotion. Further, no employee who is an officer, grievance
committeeman or departmental ▇▇▇▇▇▇▇ shall be offered a non-bargaining unit
position during his term of office.
ARTICLE V - HOURS OF WORK
AND OVERTIME
INTENT
(32) This article is intended only to provide a basis for
calculating overtime and shall not be construed as a guarantee of hours of
work per day or per week.
NORMAL WORK DAY
(33) Eight (8) consecutive hours in a regular work shift,
exclusive of a lunch period, shall constitute a normal day's work. A day shall
be defined as a consecutive twenty-four (24) hour day, beginning with the
employee's regular work shift. Work performed on all shifts shall be
considered as work performed on the day on which the shift starts.
NORMAL WORK WEEK
(34) Five (5) days, Monday through Friday, shall constitute a
normal work week. The work week is a period of seven (7) consecutive
twenty-four (24) hour days beginning with the first regular work shift on
Monday of the work week.
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SHIFT HOURS
(35) The starting and quitting time for the operation of current
shifts shall continue in effect until further notice. The Company shall
provide prior written notice of shift changes to the local Union President and
the respective Chief Stewards and shall discuss with the Union the basis for
any changes prior to such changes becoming effective.
OVERTIME PREMIUM
(36) It is recognized by the Union that overtime work must be
scheduled from time to time due to emergencies and other conditions beyond the
control of the Company. Such overtime work shall be paid as follows:
(a) hours worked in excess of eight (8) hours per
day or forty (40) hours per week will be paid
at one and one-half times the regular hourly
rate;
(b) all hours worked on Saturday shifts shall be
paid at time and one-half times the regular
hourly rate;
(c) all hours worked on Sunday shifts will be
paid at two times the regular hourly rate.
Scheduled time off for vacations and holidays not worked shall be
considered in the accrual of the forty (40) hour per week for computation of
overtime premium payment.
HOLIDAYS WORKED
(37) For hours worked on paid holidays established by this
Agreement, employees will be paid at triple time their regular hourly rate.
OVERTIME DISTRIBUTION
(38)(a) When there is overtime work to be performed in a
classification within a department, it shall be distributed equally among
employees in their respective classification within the department and shift
as far as practicable. Such distribution shall be consistent with their
ability and experience to perform the work required in accordance with such
rotation procedure as may be agreed upon between the Company and the Union.
When differences in overtime exceed eight (8) hours, inequities will be
adjusted by assigning overtime work as available at the next opportunity. When
extra employees are needed to fill overtime requirements in a cell, the senior
qualified employees in other cells shall be offered the extra overtime work on
a rotation basis. Overtime schedules shall be reviewed and signed by the
appropriate Union representative. Any errors or omissions subsequently
determined shall be equalized by scheduling the employee for the next
available overtime.
(b) Employees shall not be required to work more than three (3)
consecutive Saturdays provided the Company can obtain sufficient qualified
volunteers to perform the work required. The Company will, to the best of
their ability, notify employees in advance if they will be working in a
classification other than their own.
ARTICLE VI - WAGES
WAGE SCHEDULE
(39) Hourly wage rates established by job evaluation for all job
classifications within a labor grade, effective for the term of this
Agreement, including the method and schedule of
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application of wage adjustments shall be shown in "Exhibit A--Wage Schedule,"
attached hereto and made part of this Agreement.
JOB EVALUATION PLAN
(40) The Company and the Union agree that the present schedule of
job classifications have been properly evaluated in accordance with the
NMTA-AAIM Job Evaluation Plan. It is further agreed that when new job
classifications are created or major changes occur in the job content of
present classifications of work justifying a change in labor grade, they
shall be evaluated by the Company in accordance with the provisions and
principles of the NMTA-AAIM Job Evaluation Plan. The Company, in order to
facilitate production, may establish a temporary classification and hourly
rate for such operations consistent with the established wage schedule, and
within thirty (30) days shall furnish the Union with an appropriate job
description and evaluation of the new or revised job classification. Any
question or dispute concerning the correctness of an evaluation may be
processed through the grievance procedure. If a higher rate than the initial
temporary rate is established, it shall be applied retroactively to the date
when the operation began.
TEMPORARY TRANSFER RATE
(41) When an employee is temporarily assigned to work in another
classification, he shall receive the top hourly rate for the new job, or his
regular hourly rate, whichever is higher.
SHIFT DIFFERENTIAL
(42) Employees regularly assigned to the second (afternoon) shift
shall be paid a premium of twenty-five (25) cents per hour for all hours
worked on their shift. Employees assigned to the third (midnight) shift shall
be paid a shift premium of thirty (30) cents per hour for all hours worked on
their shift. In the case of employees whose shift may overlap two (2) shifts,
the premium they shall be entitled to shall be based on the shift for which
the majority of hours are worked.
RESERVE DUTY PAY
(43) The Company will grant to its employees, other than
probationary employees, leaves of absence with pay equal to the difference
between their pay for forty (40) hours per week at straight time, exclusive of
premium pay, and the amount received from the Government for up to two (2)
weeks per year for reservists and members of the National Guard required to
participate in the annual active duty training sessions of the United states
Armed Forces.
REPORT-IN PAY
(44) Any employee permitted to report for work without having been
properly notified, shall be paid four (4) hours pay at his regular rate of
pay, except in the case of labor disputes or other conditions beyond the
control of the Company (such as an act of God, fire, flood, storm or power
failure). However, if offered four (4) hours employment, reasonably within his
capacity to perform, he shall perform such work or forfeit report-in pay.
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CALL-IN PAY
(45) An employee called back to work after leaving the plant at
the end of his work shift or called in to work on a non-scheduled work day
shall receive in such instances pay for the hours worked at the applicable
rate of pay, or as a minimum, four (4) hours pay at his straight time hourly
rate, whichever is the greater payment.
ARTICLE VII - OTHER
ECONOMIC BENEFITS
VACATION PLAN
(46) Vacation with pay shall be granted to all eligible employees
on a fiscal year basis beginning June 1 and ending May 31 in accordance with
the eligibility provisions of this section and the following schedule:
(A) VACATION PAY SCHEDULE
Accumulated
Seniority Vacation Straight Time
As of May 31 Time Off Hours Paid
----------------- ---------- -------------
6 Mo. to 1 Yr. 2 1/2 Days 20 Hrs.
1 Yr. to 3 Yr. 1 Week 40 Hrs.
3 Yr. to 10 Yr. 2 Weeks 80 Hrs.
10 Yr. to 20 Yr. 3 Weeks 120 Hrs.
20 Yr. and Over 4 Weeks 160 Hrs.
(B) COMPUTATION OF ALLOWANCE
Straight time hours paid shall be calculated at the employee's
regular straight time hourly rate in effect on the preceding May 1st or the
last day worked if separated earlier. Eligibility requirements: Requirements
to earn a full vacation will be minimum of 1,560 clock card hours worked for
employees over one year service on May 31 and 780 minimum hours for
individuals over six months but less than one year as of May 31. Pro rate
share will be paid to those individuals not meeting minimum requirements; for
example, if an individual only worked 1400 hours during the fiscal year, he
would receive 1400/1560 x eligibility hours x rate. Employees who are off work
because of a recognized injury covered by workmen's compensation and who are
drawing weekly benefits will be credited with forty (40) hours per week up to
a maximum of thirteen (13) weeks only during the year in which the accident
occurred.
(C) LOSS OF SENIORITY
An employee with six (6) months or more seniority whose services are
terminated (except for discharge for cause) or who voluntarily separates from
the Company and thereby loses his seniority shall be entitled to receive his
accrued vacation allowance as of the date of his loss of seniority.
(D) VACATION SELECTION
The vacation period shall be from June 1 to May 31. Employees may
select their time of vacation within the vacation period by job classification
within the department in order of plant seniority.
In order to maintain efficient operations, employees must submit
their vacation plans for approval to their respective supervisors. Once an
employee has made their choice, they will be given approval within a
reasonable time. After the Company has
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approved an employee's vacation, it cannot be revoked by the Company for
production requirements, unless the employee has changed classifications or
shifts since approval has been given.
(e) Upon at least sixty (60) days notice, the Company may
schedule a vacation plant shutdown for not more than one (1) week at any time
during the vacation period. Employees will be expected to take their vacations
during the shutdown; however, employees who do not elect to take their
vacation during the shutdown will be granted a personal leave of absence.
(f) If additional manpower is required beyond the departments
scheduled to work during the vacation shutdown, the additional employees will
be selected by seniority, qualifications and physical capacity to do the work
required. Additional manpower requirements in labor grades 8, 9, and 10 will
be selected by seniority and physical capacity only.
PAID HOLIDAYS
(47) It is the intention of the Company to avoid production work
on each named holiday. All employees on the active payroll not required to
work the full holiday shall be eligible for eight (8) hours holiday pay at
their regular hourly rate, exclusive of shift premium pay, for each of the
following holidays:
(a) New Year's Day, Good Friday, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve,
Christmas Day, New Year's Eve, and two (2) days during year-end shutdown.
(b) To determine an employee's eligibility for holiday pay, the
following provisions shall be applicable:
(i) The employee shall be on the active seniority list
except that probationary employees who have been on
the active payroll for thirty (30) days shall
qualify for holiday pay if otherwise eligible.
(ii) The employee who has worked the last scheduled full
work day prior to and the next scheduled full work
day after the holiday, unless he has been excused
for justifiable cause.
(iii) The employee has not refused to perform emergency
work on the holiday or has not failed to report when
scheduled to work on such holiday unless he has been
excused for justifiable cause.
(iv) An employee on vacation when the holiday falls shall
be entitled to holiday pay in addition to his
vacation pay and may be scheduled off the day
preceding or the day following his vacation period or
neither at the option of the employee.
(v) An employee who has been laid off in a reduction of
force or granted and approved disability leave or
leave of absence for military service during the
week prior to or during the week in which the
holiday falls shall receive pay for such holiday.
(vi) An employee returning from an authorized disability
leave during the week or the week following the week
in which the holiday falls shall receive pay for
such holiday.
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GROUP INSURANCE PLAN
(48)(a) The Company will provide group medical insurance benefits for
all active employees and their dependents as set forth in the plan booklet,
effective July 1, 1995, and shall continue in effect for the duration of this
agreement. All employees will contribute to the cost of the plan according to
the schedule shown in the plan booklet.
Employees who are drawing weekly sickness and accident disability checks will
be entitled to group hospitalization insurance provided they make the required
weekly contributions for their insurance. The company will retain the group
hospitalization insurance for the employee and their dependents for up to
thirteen (13) weeks. Employees who are on a recognized workmen's compensation
leave and who are drawing weekly benefits will be entitled to group
hospitalization insurance provided they make the required weekly contributions
for their insurance. The Company will retain this insurance for the employees
and their dependents for the duration of the time they are drawing weekly
benefits.
(b) The Company and the Union agree to the establishment of an
Insurance Committee consisting of one bargaining unit employee at each
location to be mutually agreed upon by the Company and the Union to serve in
an advisory capacity only. The committeeman will not conduct insurance
business during regular shift hours. The group insurance plan will be improved
as follows:
Life & AD&D Insurance -
Effective July 1, 1995 - Increase to $19,000
Effective July 1, 1996 - Increase to $20,000
Effective June 30, 1997 - Increase to $21,000
Sickness and Accident Insurance -
Effective July 1, 1996 - Increase to $175.00
Any employee having a dispute arising out of the insurance program
will first try to resolve the matter with the insurance department. If the
dispute is not resolved, the employee may request that his respective
insurance committeeman meet with a member of the insurance department
conferring if necessary with the Industrial Relations Manager and/or a
representative of the insurance carrier using their best efforts to resolve
the dispute.
PENSION PLAN
(49) The Pension Plan for hourly employees will be reinstated with
benefit accruals starting July 1, 1995. The pension factor will be increased
by $2.00 effective July 1, 1995, thus changing the pension formula from $12/5
to $12/7. The $2.00 factor increase will revert back to all service on or
after January 1, 1990, except for the period in which the plan was frozen and
will apply to those employees retiring on or after July 1, 1995. Employees
will receive a copy of the Pension Plan within three (3) months of the
contract effective date.
JURY DUTY
(50) An employee with at least thirty (30) days service who is
summoned and reports for jury duty or subpoenaed to serve as a witness in
court proceedings as prescribed by applicable law, shall be paid by the
Company the amount of wages (maximum of forty (40) hours straight time per
week, exclusive of premium pay) the employee would otherwise have earned by
working straight time hours for the Company on that day, and for each day on
which he reports for or performs jury duty and on which he otherwise would
have been scheduled to work for the Company. An employee released from jury
duty in time to work at least half a shift will do so.
The Company's obligation to pay an employee for jury duty is limited
to a maximum of sixty (60) days in any calendar year.
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In order to receive payment, an employee must give the Company prior
notice that he has been summoned for jury duty or as a witness and must
furnish satisfactory evidence that he reported for or performed jury duty on
the days for which he claims such payment. Payment will be made weekly upon
proper presentation of proof of jury service. The provisions of this paragraph
are not applicable to an employee who, without being summoned, volunteers for
jury duty.
BEREAVEMENT PAY
(51)(a) In case of death in an employee's immediate family; i.e.,
spouse, parent, parent of current spouse (current spouse includes a deceased
spouse where the employee has not remarried), child or stepchild, grandchild,
brother or sister, the employee on request will be excused for any of the
first three (3) normally scheduled work days (excluding Saturdays and
Sundays) immediately following the date of death. Adequate proof shall be
furnished the Company on request. An employee excused for such reason shall
receive the amount of wages he would otherwise have earned not to exceed eight
(8) hours per day at his current regular straight time hourly rate, exclusive
of any overtime or night shift premium.
(b) Day of funeral pay will be granted for grandmothers and
grandfathers.
ARTICLE VIII - GRIEVANCE PROCEDURE
PURPOSE
(52) The procedure under this article is available to the Union
for the presentation and settlement of grievances arising under the
interpretation or application of the terms of this agreement as they relate to
wages, hours of work and working conditions and all other conditions of
employment including discharge cases.
Any grievance not answered within the time limits as hereinafter
provided may be appealed to the next step without having been answered.
Exceptions to the time limits for a grievance may be made in writing by
agreement of both parties.
The Union processing the grievance into each appropriate step will
have the Company initial and date the grievance. The Union will also initial
and date the grievance.
▇▇▇▇▇▇▇ AND SUPERINTENDENT'S STEP
(53)(a) An employee or group of employees, having a question,
complaint, dispute or alleged grievance arising under the terms of this
Agreement, shall present the matter verbally to his supervisor in person or in
company with his Departmental ▇▇▇▇▇▇▇. The supervisor and the ▇▇▇▇▇▇▇ shall
use their best efforts to resolve the matter.
(b) If deemed necessary by the supervisor or the departmental
▇▇▇▇▇▇▇, the departmental head and a grievance committeeman may be requested
to participate in reaching a satisfactory settlement.
(c) If the grievance cannot be settled satisfactorily within the
foregoing step within three (3) working days, it may be reduced to writing on
forms provided by the Company. The grievance shall be signed by the aggrieved
employee or employees, and the departmental ▇▇▇▇▇▇▇. The departmental
supervisor shall have two (2) working days thereafter to submit his decision
in writing thereon. The grievance shall be considered abandoned or
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settled if it is not appealed to the next step within five (5) working days.
INDUSTRIAL RELATIONS MANAGER'S STEP
(54) If the disposition in the foregoing step has not satisfactorily settled
the grievance, it may be appealed to the Industrial Relations Manager's step
not later than five (5) working days from the time of receiving the ▇▇▇▇▇▇▇'▇
disposition. The Industrial Relations Manager shall review and investigate the
grievance within ten (10) working days of receipt of the grievance, conferring
with a member of the Grievance Committee and such other persons essential to
resolving the issue. The Company's disposition shall be considered abandoned or
settled if it is not appealed to the next step within ten (10) working days.
PRESIDENT'S STEP
(55)(a) If the Industrial Relations Manager's disposition has not
satisfactorily settled the employee grievance, it may then be appealed by the
Union Grievance Committee to the President (or his designated representative)
within ten (10) working days in a further effort to adjust the grievance. An
International Union staff representative shall participate in all President's
appeal step meetings; such meetings will be arranged each month on a regular
schedule. Any grievance not appealed within the time limit shall be
automatically closed on the basis of the previous decision and shall not be
subject to further appeal. The President shall issue the Company's final
disposition of the grievance within five (5) working days after the appeal
meeting is held. Any grievance not appealed in writing to arbitration as
hereinafter provided within twenty-one (21) working days after receipt of the
President's decision shall automatically be closed on the basis of such
decision and shall not be subject to further appeal.
(b) The grievant, the respective departmental ▇▇▇▇▇▇▇ and the Chief Stewards
for both the Main Plant and Foundry may also be in attendance. The privilege of
attending the grievance meeting during their regular shift hours will be
extended without loss of pay. In the case of a class grievance, the ▇▇▇▇▇▇▇
will act as spokesman for the grievance.
ARBITRATION STEP
(56) If a grievance shall not be satisfactorily disposed of under the
preceding steps, it may be submitted to arbitration upon proper notification by
the Union. Notice of appeal of a grievance by the Union to arbitration shall be
given in writing to the Company not later than twenty-one (21) working days
following the date of receipt of the written decision of the president.
SELECTION AND POWERS OF ARBITRATOR
(57)(a) Within ten (10) working days after notification from the Union that
a grievance has been appealed to arbitration, the Company and the Union shall
jointly request from the Director of the Federal Mediation an Conciliation
Service, Washington, D.C., a panel of eligible arbitrators. An arbitrator shall
be selected from the panel by mutual consent of the Company and the Union by a
process of elimination within ten (10) working days of receipt of such panel.
(b) It is understood and agreed that the arbitrator shall have no power to
add to or subtract from or modify any of the terms of this Agreement. The
arbitrator shall be limited to the construction or interpretation of actual
contract language in this agreement and to the terms and conditions of the
Group Insurance Plan and the Pension Plan Agreement. The arbitrator shall be
authorized only to interpret the related provisions of this Agreement and apply
them to the specific facts of the
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case submitted for his decision. The decision of the arbitrator shall be final
and binding upon the Company, the Union and the employees. All expenses and
fees of the arbitrator are to be borne equally by the Company and the Union,
and all other expenses shall be borne by the party incurring them.
Disputes regarding the Group Insurance Plan and Pension Plan will not be
entered into the grievance procedure until all internal appeals as specified in
the plans have been exhausted.
STRIKES AND STOPPAGES
(58) The Union agrees that there shall be no strike, work stoppage, or
interruption or impeding of work in the plant, and the Company agrees that
there shall be no lockouts. The Company reserves the right to discipline any
employee taking part in any violation of this section of this Agreement.
DISCHARGE PROCEDURE
(59) The Company will provide the discharged employee a letter setting forth
the charges that have resulted in discharge. An employee who believes he has
been unjustifiably discharged may request a hearing and file a written
grievance which shall be heard in the Industrial Relations Manager's step and
appealed through the Grievance Procedure; providing that the right to grieve
shall be deemed to be waived if no written grievance has been presented within
five (5) working days after the discharge is effective. Discharged employees
may request the opportunity to see their Departmental ▇▇▇▇▇▇▇ or Grievance
Committeeman before leaving the plant.
RETROACTIVE CLAIMS
(60) No claims, including claims for back wages, by any employee covered by
this Agreement, or by the Union, against the Company, shall be retroactive for
a period of more than three (3) working days Prior to the date on which the
grievance was first filed in writing, unless the circumstances of the case made
it impossible for the employee, or for the Union, as the case may be, to know
that he, or the Union had grounds for such claim prior to that date, in which
case the claim shall be limited retroactively for a period of forty (40) work
days prior to the date the claim was first in writing.
In the event an employee is discharged, no claim shall be retroactive for a
period of five (5) working days prior to the date on which the grievance is
first filed in writing.
ARTICLE IX - GENERAL PROVISIONS
SUPERVISOR'S WORKING
(61) Representatives of the Company such as superintendents, foremen,
assistant foremen, time study men, administrative and office employees shall
not perform the regular work of any employee that is covered by this Agreement
including picking up shop related parts and material from downtown, except for
purposes of instruction, testing materials and methods, and in the case of
emergencies.
UNION BULLETIN BOARD
(62) The Company will maintain three (3) bulletin boards in the main plant
and one (1) in the foundry which will be reserved for use by the Union in
posting notices of its meetings, recreational and social affairs, Union
elections, appointments and results of Union elections, and other matters
pertaining to
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official Union activities. Should the Union desire to post other material, the
consent of the Company must be obtained.
EMPLOYMENT TRANSFER OPPORTUNITY
(63) In the event the operations of the Powermatic Division plant are moved
to another location, all employees laid off as of a direct result of such plant
removal, including those on the active seniority list, will be offered the
opportunity to accept employment at the new location in accordance with their
seniority subject to the need for their skills and qualifications before any
other employees are hired in the classification of work required.
LEGAL LIMITATIONS
(64) If any provisions of the Agreement is or shall be in conflict with the
requirements of Federal or State legislation, orders, decrees, rules, or
regulations, the same shall be deemed amended so as to conform thereto.
WAIVER
(65) The parties acknowledge that during the negotiations which resulted in
this Agreement, each had the unlimited right and opportunity to make demands
and proposals with respect to any subject or matter not removed by law from the
area of collective bargaining, and that the understandings and agreements
arrived at by the parties after the exercise of that right and opportunity are
set forth in this Agreement. Therefore, the Company and the Union, for the life
of this Agreement, each voluntarily and unqualifiedly waives the right, and
each agrees that the other shall not be obligated, to bargain collectively with
respect to any subject or matter referred to or covered in this Agreement, or
with respect to any subject or matter not specifically referred to or covered
in this Agreement, even though such subject or matter may not have been within
the knowledge or contemplation of either or both of the parties at the time
that they negotiated or signed this Agreement.
SUB-CONTRACTING
(66) The Company will not sub-contract providing the necessary skills are
available in the bargaining unit and suitable equipment and machinery is
available and the task can be performed when required and at a competitive
cost. The Company will review monthly with the Union President the status of
work sub-contracted during that month.
INJURY PAY
(67) On the date an accident occurs, the employee will be paid through the
end of his shift provided he is unable to work. After the employee returns to
work, any time lost for subsequent medical treatment that cannot be scheduled
in off-hours will be paid by the Company.
PRIOR AGREEMENT
(68) This Agreement supersedes and cancels all other Agreements which are in
conflict with the intent and provisions of this Agreement.
PAF DEDUCTION AUTHORIZATION
(69) The Company agrees that it will check off and transmit to the Treasurer
of the United Steelworkers of America Political Action Fund (USWA PAF)
voluntary contributions to the USWA
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PAF from the earnings of those employees who voluntarily authorize such
contributions on forms provided for the purpose of the USWA PAF. The amount
and timing of such check-off deductions and the transmittal of such voluntary
contributions shall be as specified in such forms and in conformance with any
applicable state or federal statute.
The signing of such USWA PAF check-off form and the making of such voluntary
annual contributions are not conditions of membership in the Union or of
employment with the Company.
The Union shall indemnify and save the Company harmless against any and all
claims, demands, suits or other forms of liability that shall arise out of or
by reason of action taken or not taken by the Company for the purpose of
complying with any of the provisions of this section.
The United Steelworkers of America Political Action Fund supports various
candidates for federal and other elective office, is connected with the United
Steelworkers of America, a labor organization, and solicits and accepts only
voluntary contributions, which are deposited in an account separate and
segregated from dues fund of the Union, in its own fund-raising efforts with
the AFL-CIO and its Committee on Political Education.
TRAINING
(70) The Company and the Union recognize and agree that employee training is
essential and desirable for the best interests of the Company to continue its
high quality of production and for the continued job opportunity and security
of its employees. Accordingly, an employee entering a course of study, which is
directly related to the work performed at the Company including remedial
education, sponsored by an accredited or recognized institution of learning,
shall, upon satisfactorily completing the course, be reimbursed for tuition
paid and the required textbooks purchased. Employees wishing to participate in
the training program shall make application to the Personnel Office prior to
entering the course.
ARTICLE X - SAFETY & HEALTH
(71) The Company and the Union, recognizing the importance of and desiring
to promote safety in the plant, agree to the establishment of a joint Safety
Committee to consider existing practices and rules relating to health and
safety, formulate suggested changes in existing practices and rules, and
further recommend the adoption of new rules and practices.
(a) The Safety Committee shall be composed of one or more employees from
each shift of ten (10) or more employees, one each from the Assembly Department
and Machine Shop in the main plant and one from the foundry, and an equal
number from the Company. The employees who shall be designated by the Union to
be representatives on such committee shall be employees who have knowledge of
the practices of the plant. Such committeemen shall be paid for all time lost
from their regular shift for attending committee meetings and when performing
other authorized duties.
(b) Advices of the Safety Committee together with supporting suggestions,
recommendations, and reasons shall be submitted to the Manager of Manufacturing
or the Foundry Manager (or their designated representative) for such action as
may be consistent with the Company's responsibility to provide for the safety
and health of its employees during the hours of their employment.
(c) The Safety Committee shall hold monthly meetings & plant tours (the
dates to be determined by the Committee). Minutes ▇▇▇▇
▇▇▇▇ 20
21
be kept and distributed to all committee members within three (3) working days
of the most recent meeting.
(d) The Union members of the Safety Committee will have access to all areas
of the plant where employees represented by the Union work upon obtaining
approval of their department supervisor and the supervisor of the department to
be visited for the purpose of investigating a safety matter.
(e) The Company shall notify the joint Safety Committee prior to the time
new machinery or new work processes are put into use to help protect the safety
and health of the employees.
(f) Compliance with this paragraph is to insure maximum cooperation in the
prevention of accidents. The objective is not to obtain approval of the Union
to put the changes into effect.
ARTICLE XI - DURATION
TERM OF AGREEMENT
(72) This Agreement shall continue in effect until June 29, 1998, and shall
continue from year to year after that date unless either party gives notice in
writing of its intention to terminate the Agreement or to enter negotiations
for the purpose of amending the Agreement at least sixty (60) days prior to any
such yearly date of termination.
NOTIFICATIONS
(73) Any notice to be given under the Agreement shall be given by certified
mail by either party to the other. If given by the Company, it shall be
addressed to the United Steelworkers of America, ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇ ▇▇▇,
▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, with a copy to the President of the Local; and if
given by the Union, it shall be addressed to the Company at ▇▇▇▇▇▇▇▇ ▇▇▇▇,
▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. Either party may, by like written notice, change
the address to which the certified mail notice to it shall be sent in the
future.
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SIGNATORIES
(74) IN WITNESS HEREOF, the parties hereto have caused their names to be
subscribed by their duly authorized officers and representatives the day and
year first written above.
POWERMATIC DIVISION OF UNITED STEELWORKERS OF AMERICA
▇▇▇▇▇▇▇-▇▇▇▇▇▇▇, INC. AFL-CIO-CLC
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
-------------------------------- -----------------------------------
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
President International President
/s/ ▇▇▇ ▇▇▇▇▇
-------------------------------- -----------------------------------
▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇
Industrial Relations Mgr. International Secretary-Treasurer
/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
-------------------------------- -----------------------------------
▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇
Factory Superintendent International V.P., Administration
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
-------------------------------- -----------------------------------
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Foundry Manager International V.P., Human Affairs
-----------------------------------
▇▇▇ ▇. ▇▇▇▇▇
District Director
/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇
-----------------------------------
▇▇▇▇▇ ▇▇▇▇▇▇▇
Sub-District Director
/s/ ▇▇▇▇▇ Driver
-----------------------------------
▇▇▇▇▇ DRIVER
President, Local Union 7431
/s/ ▇▇▇▇ ▇▇▇▇▇
-----------------------------------
▇▇▇▇ ▇▇▇▇▇
Negotiating Committee
/s/ ▇▇▇▇▇ ▇▇▇▇▇▇
-----------------------------------
▇▇▇▇▇ ▇▇▇▇▇▇
Negotiating Committee
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇
-----------------------------------
▇▇▇▇▇▇ ▇▇▇▇▇
Negotiating Committee
/s/ ▇. ▇. ▇▇▇▇▇▇▇▇
-----------------------------------
▇. ▇. ▇▇▇▇▇▇▇▇
Negotiating Committee
23
POWERMATIC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Telephone (▇▇▇) ▇▇▇-▇▇▇▇
June 30, 1995
▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Sub-District Director
United Steelworkers of America
▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇▇:
It was agreed during the labor negotiations in June, 1995, that this confirming
letter would remain in effect during the life of the new agreement dated July
1, 1995.
Confirming the agreement reached during labor negotiations in August, 1983, it
was agreed that in the event the National Labor Relations Board's decision
regarding the application of Super Seniority for Officers of the Union is
reversed, Officers Super Seniority will be restored to Paragraph (17) "Union
Representatives Seniority" in accordance with the law.
Sincerely,
POWERMATIC
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
---------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
President
GWD/ln
24
POWERMATIC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Telephone (▇▇▇) ▇▇▇-▇▇▇▇
June 30, 1995
▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Sub-District Director
United Steelworkers of America
▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇▇:
Confirming the agreement reached during labor negotiations in June, 1995, it as
agreed with respect to Article VIII paragraph (46) "Vacation Plan" that
vacation pay would be paid as follows:
Employees will notify the Company by the close of the second full work week in
May which of the following options they wish to elect relative to receipt of
their vacation pay.
1) All vacation pay to be paid, as far as possible,
by the fifth (5th) working day in June.
2) The employee elects to receive _______ week(s) of
his vacation pay by he fifth (5th) working day in
June and ________ week(s) to be paid at a later
date, which would require five (5) working days
advance notice.
3) The employee elects to receive his vacation pay as
he takes his vacation, which would require five (5)
working days advance notice.
Employees receiving less than 40 hours in any one check will receive such pay
by the fifth (5th) working day in June as far as possible.
Any unused vacation pay would be paid to the employee at the end of the
vacation period.
Sincerely,
POWERMATIC
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
---------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
President
GWD:lfg
25
POWERMATIC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Telephone (▇▇▇) ▇▇▇-▇▇▇▇
June 30, 1995
▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Sub-District Director
United Steelworkers of America
▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇▇:
It was agreed during the labor negotiations in June, 1995, that this confirming
letter would remain in effect during the life of the new agreement dated July,
1995.
Confirming the agreement reached during labor negotiations in August 1983, it
was agreed that the following language would be applied to Paragraph (23)
"Temporary Transfer Assignments" of the labor agreement at the Foundry.
FOR PERIODS OF TIME NOT TO EXCEED TEN (10) DAYS, JUNIOR
QUALIFIED EMPLOYEES MAY BE TRANSFERRED FROM THEIR REGULAR
SHIFT TO ANOTHER SHIFT PROVIDED THE COMPANY IS UNABLE TO
OBTAIN SUFFICIENT VOLUNTEERS. THE ABOVE PROCEDURE WILL BE
APPLIED ONLY IN THE EVENT OF FURNACE BREAKDOWN OR REPAIR. NO
EMPLOYEE WILL BE REQUIRED TO TRANSFER MORE THAN THREE (3)
TIMES PER YEAR.
THIS LETTER DOES NOT RESTRICT THE COMPANY FROM ASKING
EMPLOYEES TO VOLUNTEER TO TEMPORARY TRANSFER TO OTHER SHIFTS.
Sincerely,
POWERMATIC
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
---------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
President
GWD:lfg
26
POWERMATIC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Telephone (▇▇▇) ▇▇▇-▇▇▇▇
June 30, 1995
▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Sub-District Director
United Steelworkers of America
▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇▇:
It was agreed during the labor negotiations in June 1995, that this confirming
letter would remain in effect during the life of the new agreement dated July,
1995.
During labor negotiations in August 1992, the Company agreed to submit to the
International Union on November 1, 1992, and each three (3) months thereafter,
for the term of this agreement, a Profit-loss Statement for the Union's
examination. The Company further agrees to provide to the International Union
any other documents concerning its profitability as the union may require to
determine its true financial condition.
Sincerely,
POWERMATIC
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
---------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
President
GWD:ln
27
POWERMATIC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Telephone (▇▇▇) ▇▇▇-▇▇▇▇
July 13, 1995
▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
United Steelworkers of America
▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇▇:
The following letter of understanding is in effect provided the employees
report for work on Monday, July 17, 1995.
COBRA - The Company will charge those employees electing COBRA 100% rather than
102% of the premium.
The Company will provide continuous coverage for the Group Medical Insurance
with no break in coverage during the work stoppage.
The Company will deduct medical insurance premiums from all employees electing
coverage on a pre-tax basis no later than July 1, 1996, provided it is
possible.
All probationary employees on the active seniority roster as of June 30, 1995,
will be considered permanent employees effective July 17, 1995.
For the Company For the Union
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
--------------------- --------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
28
POWERMATIC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Telephone (▇▇▇) ▇▇▇-▇▇▇▇
July 18, 1995
▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
United Steelworkers of America
▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇▇:
Confirming the Agreement reached during labor negotiations in July, 1995, it is
the Company's intent to re-evaluate all jobs at the foundry and, where
feasible, consolidate or combine a number of existing job classifications.
Such jobs will be re-evaluated in accordance with the NMTA-AAIM job evaluation
plan as specified in Paragraph (40) of the current collective bargaining
agreement. This will be accomplished by August 1, 1996, unless the time is
extended by mutual agreement.
Sincerely,
POWERMATIC
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
---------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
President
GWD:js
29
POWERMATIC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Telephone (▇▇▇) ▇▇▇-▇▇▇▇
July 18, 1995
▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
United Steelworkers of America
▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇▇:
Confirming the Agreement reached during labor negotiations in July, 1995, it is
the Company's intent to re-evaluate the following skill job classifications in
accordance with the NMTA-AAIM job evaluation plan as specified in Paragraph
(40) of the current collective bargaining agreement and to make the required
adjustments where justified by August 1, 1996.
Maintenance (main plant and foundry)
Tool Room
Tool and Cutter Grinder
Pattern Makers
Furnace Operators
Sincerely,
POWERMATIC
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
---------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
President
GWD:js
30
EXHIBIT "A"
WAGE SCHEDULE
EFFECTIVE 7/1/95
LG Start 6 Mo. 1 Yr
10 $8.58 $8.64 $8.70
9 $8.72 $8.79 $8.85
8 $8.86 $8.93 $9.00
7 $9.01 $9.08 $9.15
6 $9.16 $9.24 $9.31
5 $9.32 $9.41 $9.47
4 $9.48 $9.59 $9.70
3 $9.71 $9.84 $9.97
2 $9.97 $10.11 $10.23
1 $10.25 $10.37 $10.50
Effective 7/1/96
LG Start 6 Mo. 1 Yr
10 $8.84 $8.90 $8.96
9 $8.98 $9.05 $9.12
8 $9.13 $9.20 $9.27
7 $9.28 $9.35 $9.42
6 $9.43 $9.52 $9.59
5 $9.60 $9.69 $9.75
4 $9.76 $9.88 $9.99
3 $10.00 $10.14 $10.27
2 $10.27 $10.41 $10.54
1 $10.56 $10.68 $10.82
Effective 6/30/97
LG Start 6 Mo. 1 Yr
10 $9.02 $9.08 $9.14
9 $9.16 $9.23 $9.30
8 $9.31 $9.38 $9.46
7 $9.47 $9.54 $9.61
6 $9.62 $9.71 $9.78
5 $9.79 $9.88 $9.95
4 $9.96 $10.08 $10.19
3 $10.20 $10.34 $10.48
2 $10.48 $10.62 $10.75
1 $10.77 $10.89 $11.04
Leadmen shall be paid $.25 per hour above the highest paid employee in the
group that they are leading.
Instructors shall be paid $.25 per hour above the employee that they are
instructing, or above their hourly rate, whichever is higher.
All Cell jobs will be paid at the 1 yr rate.
31
EXHIBIT "A"
PART II
HOURLY JOB CLASSIFICATIONS
LG Class LG Class
Electronic Technician A 1 901 Fabrication Cell Opr B 4 345
Pattern Maker A 1 902 72 Saw/Shaper Cell Opr B 4 305
Tool & Die Maker A 1 904 Planer Cell Opr B 4 335
Sheave/Shaft Cell Opr B 4 320
Millwright A 2 908 TA Saw Cell Opr B 4 300
Small Machine Cell Opr B 4 350
Grinder Cell Opr A 4 316
Electronic Technician B 3 941 Tool & Cutter Grinder B 4 949
Gear/Cutterhead Cell Opr A 3 326
Band Saw/Lathe Cell Opr A 3 341 Furnace Opr Helper & Repair 5 205
Drill Press Cell Opr A 3 331 Grinder Cell Opr B 5 315
Fabrication Cell Opr A 3 346 Maintenance Utility 5 933
72 Saw/Shaper Cell Opr A 3 306 Molder, Auto Machine 5 225
Planer Cell Opr A 3 336 Tool & Die Maker C 5 915
Sheave/Shaft Cell Opr A 3 321
TA Saw Cell Opr A 3 301 Casting Painter & Repair 6 250
Small Machine Cell Opr A 3 351 Material Cell Opr A 6 311
Tool & Die Maker B 3 906 Pattern Repair 6 917
Tool & Cutter Grinder A 3 943 Sand Mix Opr 6 207
No Bake Molder 3 256 Tool Setter Coordinator B 6 950
Pattern Maker B 3 907 Wheelebrator Opr 6 208
Bar & Sheet Stock Attendant 6 929
Lift Truck Opr 6 924
Coremaker 4 255
Electric Furnace Opr 4 202 Foundry Utility Man 7 211
Inspector A 4 953 Machine Molder 7 226
Millwright B 4 932 Material Cell Opr B 7 310
Tool Setter Coordinator A 4 951 Pour-off/Shakeout 7 209
Gear/Cutterhead Cell Opr B 4 325 Snag Grinder 7 210
Band Saw/Lathe Cell Opr B 4 340
Drill Press Cell Opr B 4 330 Maintenance Helper 8 935
32
PAID HOLIDAYS
Paragraph (47)
HOLIDAY SCHEDULE
1995 1996 1997 1998
---- ---- ---- ----
NEW YEARS DAY 1/1 1/1 1/1
GOOD FRIDAY 4/5 3/28 4/10
MEMORIAL DAY 5/27 5/26 5/25
INDEPENDENCE DAY 7/4 7/4
LABOR DAY 9/4 9/2 9/1
THANKSGIVlNG DAY 11/23 11/28 11/27
FRIDAY AFTER THANKSGIVlNG 11/24 11/29 11/28
CHRISTMAS EVE 12/22 12/24 12/24
CHRISTMAS DAY 12/25 12/25 12/25
FLOATING HOLIDAY 12/26 12/26 12/26
FLOATING HOLIDAY 12/28 12/30 12/30
NEW YEARS EVE 12/29 12/31 12/31