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Exhibit 10.10
▇▇▇▇ 1995 10-K
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AGREEMENT
between
AUTO-AIR COMPOSITES, INC.
OF LANSING, MICHIGAN
and
LODGE NO. 2184
INTERNATIONAL ASSOCIATION
OF MACHINISTS
March 15, 1995
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INDEX
ARTICLE TITLE PAGE
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Preamble . . . . . . . . . . . . . . . . . . . 1
Equal Employment Opportunity . . . . . . . . . 1
Management Rights . . . . . . . . . . . . . . 1
I Appropriate Bargaining Unit . . . . . . . . . 2
II Recognition and Union Shop . . . . . . . . . . 2
III Coverage . . . . . . . . . . . . . . . . . . . 4
IV Check-Off . . . . . . . . . . . . . . . . . . 4
V Representative . . . . . . . . . . . . . . . . 5
VI Grievance Procedure . . . . . . . . . . . . . 7
Policy Grievances . . . . . . . . . . . . . . 8
VII Seniority . . . . . . . . . . . . . . . . . . 9
Job Bid Procedure . . . . . . . . . . . . . . 12
Training Procedure . . . . . . . . . . . . . . 14
Shift Preference . . . . . . . . . . . . . . . 16
Part Time, Temporary and Student Employees . . 16
VIII Leaves of Absence . . . . . . . . . . . . . . 17
IX Work Day, Work Week, Overtime Pay and
Shift Premium . . . . . . . . . . . . . . . 19
X Reporting Time and Call Back Time . . . . . . 22
XI Paid Holidays . . . . . . . . . . . . . . . . 23
XII Group Insurance, Hospital and Welfare Plan . . 24
XIII Classification and Minimum Rates of Pay . . . 27
XIV Vacations . . . . . . . . . . . . . . . . . . 28
XV Safety and Sanitation . . . . . . . . . . . . 30
XVI Funeral Leave . . . . . . . . . . . . . . . . 31
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INDEX
ARTICLE TITLE PAGE
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XVII General Provisions . . . . . . . . . . . . . . 32
XVIII Leadman and Leadwoman . . . . . . . . . . . . 35
XIX Alteration of Agreement . . . . . . . . . . . 35
XX Obligation for Continuation of Service . . . . 36
XXI Employment Pension Plan . . . . . . . . . . . 36
XXII Profit Sharing Plan . . . . . . . . . . . . . 38
XXIII Cost of Living Allowance . . . . . . . . . . . 40
Classification and Rates of Pay . . . . . . . 42
Exhibit "B" . . . . . . . . . . . . . . . . . 46
Progression Rates of Pay . . . . . . . . . . . 47
Merit Progression . . . . . . . . . . . . . . 47
XXIV Duration and Term of Agreement . . . . . . . . 50
Letters of Understanding . . . . . . . . . . . 51
Attachment #1 . . . . . . . . . . . . . . . . 54
Exhibit "C" . . . . . . . . . . . . . . . . . 56
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AGREEMENT
PREAMBLE
This Agreement made and entered into this 15th day of March, 1995. By
and between the AUTO-AIR COMPOSITES, INC., OF LANSING, MICHIGAN, hereinafter
referred to as the "Company" and Lodge No. 2184 of the INTERNATIONAL
ASSOCIATION OF MACHINISTS, AFL-CIO, hereinafter referred to as the "Union".
The purpose and intent of the Agreement is to promote harmonious
industrial labor relations between the Company and the Union, in all matters
pertaining to wages, hours, rates of pay, working conditions and other
conditions of employment and the handling and adjustment of grievances.
EQUAL EMPLOYMENT OPPORTUNITY
The Company shall provide equal employment opportunity without regard to race,
color, religion, sex, national origin, height, weight, handicap unrelated to
employment, or marital status. Equal employment opportunities shall relate to
all phases of employment, including, but not limited to, recruitment, hiring,
placement, promotion, demotion or transfer, layoff, recall, discipline and
discharge, rates of pay benefits, selection for training, and use of
facilities. Affirmative action shall be taken to ensure the fulfillment of
equal employment opportunity, consistent with the requirements and objectives
set forth by Presidential Executive Order 11246, Title VII of the Civil Rights
Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay
Act of 1963, the Vocational Rehabilitation Act of 1973, the ▇▇▇▇▇▇-▇▇▇▇▇▇ Civil
Rights Act, and the Michigan Handicappers, Civil Rights Act.
MANAGEMENT RIGHTS
Subject to the terms and provisions of this Agreement the Company reserves and
retains all rights to manage and operate the Company's operations and business
affairs.
The Company hereby retains and reserves onto itself, all powers, rights,
duties, and responsibilities conferred upon and vested in it the laws and the
constitutions of the State of Michigan and of the United States.
The Company hereby agrees that in exercising any of the above rights it will
not violate this Agreement and/or any addendum that may attach thereto.
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ARTICLE I
APPROPRIATE BARGAINING UNIT
1.1
The appropriate unit for the purpose of collective bargaining under the
Agreement shall be "all full time, and part-time, production and maintenance
employees of the Company, but excluding office clerical employees, plant
executives, engineering department employees, students employed a maximum of
fifteen (15) hours per week or less, supervisors, foremen and guards as defined
in the Act". The Company shall not employ more than three (3) such students and
shall not allow them to work overtime and they shall be laid off before any
bargaining unit employees are laid off.
Moreover, the students' rate of pay shall not exceed the minimum rate as
provided in Exhibit A of this Agreement and their work will be confined to
non-production areas.
1.2
The Company will bargain collectively with the Union in respect to wages,
hours, rates of pay and all other conditions pertaining to employment for all
the employees in the appropriate unit hereinafter set forth.
1.3
The bargaining unit described above, shall include among others, all employees
engaged in the making, assembling, erecting, dismantling and repairing of all
machinery, tools, fixtures and equipment and/or parts thereof, of all
descriptions by the Company, on or off its premises.
ARTICLE II
RECOGNITION AND UNION SHOP
2.1
The Company recognized the Union as the sole and exclusive bargaining
representative of all the employees in the "appropriate unit" described above
for the purpose of collective bargaining under the terms and conditions of this
Agreement.
2.2
All present employees covered by this Agreement who are members of the Union on
the effective date of this Agreement shall remain members in good standing as a
condition of continued employment; and, all present employees covered by this
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Agreement who are not members of the Union on the effective date of this
Agreement and all employees who are hired hereafter shall become and remain
members of the Union in good standing as a condition of continued employment on
the sixtieth (60) day worked following the beginning of their employment, or on
the sixtieth (60) day worked following the effective date of this Agreement,
whichever the case may be. Membership in the Union for the purpose of the above
provision is defined to mean the payment of the Union initiation fee,
reinstatement fee if applicable, and periodic membership dues uniformly
required of all members.
2.3
The Company will, within five (5) working days, after receipt of notice from
the Union, discharge any employee who is not in good standing in the Union, as
required by the preceding paragraph.
2.4
When new employees are hired, the Company shall furnish the Union, within five
(5) days the name of the new employees, the starting rate of pay,
classification and shift on which the new employee will work and the job to be
performed by the new employee.
2.5
The Union shall indemnify and save the Employer harmless against any and all
claims, demands, suits, costs or other forms of liability of any kind or nature
that may arise out of or by reason of action by the Employer taken for purposes
of complying with this or any other Article related to Union security,
expressly excluding, however, any damages, suits, or other forms of liability
which are the proximate result of the Employer's own negligence and/or fault.
In consideration for this "save harmless" and/or indemnification clause, the
Company agrees that the Union shall maintain the exclusive right to defend,
settle, mitigate damages, litigate and/or take whatever action is necessary or
it deems proper with respect to a person who sues the Company under the
National Labor Relations Act through attorneys of its own choosing and at its
own discretion, but, in any event, if the Company unilaterally determines that
it desires attorneys to represent it in defense of such actions, it shall do so
at its own cost and not at the cost of the Union. It is further agreed that the
Company shall promptly notify the Union of any such action when and if filed
and the Union shall, at its own option, defend such actions and/or settle under
the circumstances above described.
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ARTICLE III
COVERAGE
3.1
The provision of this Agreement shall be binding upon the Company and its
successors and assigns and all of the terms and obligations herein contained
shall not be affected or changed in any respect by the consolidation, merger,
sale, transfer or assignment of the Company of any, or all, of its property, or
affected or changed in any respect by any change in the legal status, ownership
or management of the Company.
3.2
This Agreement shall cover all future plants which the Company may operate
during the terms of this Agreement or any extension thereof, including all
plants operated as the result of expansion or change.
ARTICLE IV
CHECK-OFF
4.1
At the time of hire the Company will have the employees sign check-off forms
and applications for membership in the Union, and be given a copy of the
current labor Agreement. Upon receipt of the signed authorization card of the
employee involved, the Company shall deduct from the employee's paycheck, on
the first day after receipt of such authorization, the established Union
initiation fee and/or a reinstatement fee, and thereafter on the first regular
payday in each month, the regular established current monthly dues and
assessments payable by the employee to the Union, during the period provided
for in said authorization. The sums thus deducted shall be remitted to the
Financial Secretary-Treasurer of the Union not later than the fifteenth (15) of
the month in which such dues were deducted. The Company will furnish the
Financial Secretary-Treasurer of the Union monthly with an alphabetical record
of those employees for whom deductions have been made and the amounts of the
deductions.
4.2
If any such employee shall have insufficient earnings or no earnings during the
stipulated pay period when the regular deduction would otherwise be made, then
a make-up deduction shall be made on the next succeeding pay period in which
the employee shall have earned fifty (50) percent or more of his/her normal
weekly wage.
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ARTICLE V
REPRESENTATIVE
5.1
The Union shall be represented in the following manner:
(a) A Bargaining Committee person or persons, as provided in Article VI,
shall represent employees on all shifts, except that if no Committee
person is working on a second or third shift, a ▇▇▇▇▇▇▇ shall represent
those employees.
(b) Bargaining Committee composed of five (5) employees, one (1) of whom
shall be designated as chairman.
(c) International Representatives.
5.2
It is understood that Stewards and Committeemen have a job of work to do,
therefore, except of time spent on legitimate Union business concerning this
Agreement, it is expected they will perform their regular work. This shall not
be construed to deny employees Union representation at any time.
(a) When leaving their department for the purpose of discussing or handling
grievances or other Union matters, Union Representatives and other
employees will first notify their respective immediate supervisor or
another supervisor or the Plant Manager, if the foregoing are
immediately available. Upon entering another area, they will also
notify (when immediately available) the immediate supervisor of the
area they are entering.
It shall be the responsibility of the person leaving his or her
department pursuant to this Article to advise the supervisor of the
general nature of the Union business involved, if known. This, however,
shall not require the disclosure of the complete or specific details. A
person who is engaged in a "Hot Job" that requires their continued
attention shall attempt to conclude the job. However, this shall not
apply in the event of urgent Union business, such as meetings and phone
calls to and from the International Representative, nor shall it be the
rule, but rather the exception. The term "Hot Job" as used hereinabove
shall be defined as a critical job of work necessitating continued
performance in order to meet an emergency time schedule.
(b) Union Representatives and any employees who leave their departments for
Union Business shall punch out on a Union Business Time Card while
attending to Union Business and shall punch in upon returning to their
job.
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(c) It is agreed that nothing contained in this Article will operate to
interfere with the rights of Union Representatives to legitimately
represent its members.
(d) All representatives and aggrieved employees will be paid their
applicable rate of pay for all time spent resolving grievances or
attending any meetings relating to the administration or enforcement of
this Contract.
5.3
A Committeeperson shall handle grievances at step one (1), except that in the
absence of a Committeeperson on a second or third shift, a ▇▇▇▇▇▇▇ shall handle
grievances at step one (1). The Bargaining Committee shall handle grievances at
steps two (2), three (3) and four (4) of the grievance procedure provided for
in Article VI, and any other special meetings which may be called by the
Company or the Union for the purpose of discussing those compelling urgent
matters effecting either party. In such cases, the parties agree to meet, if
possible, within one (1) hour after the time either party calls such a meeting.
If, however, such meeting cannot be held in the above prescribed time, then the
meeting will be held as soon as possible but in no event exceed two (2) regular
scheduled work days.
5.4
All information pertaining to Union employees for the purpose of collective
bargaining or handling of grievances shall be made available to the Union
Representative requesting such information immediately or as soon as possible
after request is made.
5.5
The Union will give the Company a list of Stewards and Committeemen kept
currently up to date.
5.6
The Company agrees that any accredited Representatives of the Union have the
right to communication and/or enter the premises of the plant during working
hours for the purpose of representation and consultation concerning this
Agreement upon presenting themselves at the office, or with prior notice. Phone
calls to the appropriate on duty employee(s) will be expedited.
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ARTICLE VI
GRIEVANCE PROCEDURE
6.1
Should disputes or grievances arise between the Company and the Union or
between the Company and any employee covered by this Agreement, concerning the
affect, interpretation, application, claim or breach or violation of any of the
provisions of this Agreement, or should any other dispute arise hereunder,
negotiations for the settlement of the dispute or grievances shall be held in
accordance with the following grievance procedure:
Step 1: The dispute or grievance shall be taken up verbally between the
employee involved and his/her Union Representative and the immediate
supervisor within ten (10) working days after the occurrence of the
event upon which it is based or the employee has knowledge thereof. If
a satisfactory settlement is not reached within one (1) working day at
this step, then the dispute or grievance shall be reduced to writing,
on a grievance form, over the signature of the aggrieved employee and
shall then be submitted to the supervisor. The supervisor shall answer
in writing within four (4) working days from receipt of the written
grievance and shall return the grievance to the Union Committee.
Step 2: If a satisfactory agreement is not reached in Step #1, the Union
Committee may within five (5) working days from receipt of the
supervisor's answer submit the grievance to the Personnel Director for
settlement. A meeting shall be held within three (3) working days
following the submission of the grievance to this step of the
procedure. If a satisfactory settlement is not reached at this Step #2
meeting, then the grievance may be referred to Step #3 below.
Step 3: The Committee shall call in its outside representatives of the Union,
who shall meet with the authorized representatives of the Company and
the committee to effect a satisfactory settlement of the dispute or
grievance within twenty (20) working days.
Step 4: In the event the grievance is not satisfactorily settled in the third
step, the Union may within the next thirty (30) regular scheduled
working days submit the matter to arbitration by the American
Arbitration Association in accordance with its voluntary Labor
Arbitration rules, then obtaining, or the matter shall be deemed to be
resolved. The Arbitrator shall have no authority to add to, subtract
from, change or modify any provisions of the Agreement or any
supplement thereto between the parties. The decision of the Arbitrator
shall be final and binding upon both parties. Nothing contained herein
shall be construed to limit the authority of the
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Arbitrator in his/her own judgment, to sustain, revise or modify any
alleged unjust discharge or discipline that may reach this stage of
grievance procedure. At the request of either party the Arbitrator,
under appropriate circumstances to be determined by the Arbitrator,
shall retain jurisdiction over his/her Arbitration Award. The expenses
and fees of the American Arbitration Association shall be shared
equally by the parties hereto. The expenses and fees of the Arbitrator
shall be paid by the party failing to obtain the remedy sought. In the
event neither party shall obtain the remedy sought, then the expenses
and fees of the Arbitrator shall be shared equally.
6.2
Grievance Time Limits. The time limits at any step of the grievance procedure
may be extended by mutual agreement in writing and signed by both parties. In
the event the Union does not appeal a grievance from one step to another within
the time limits specified in the various steps, the grievance shall be
considered as having been withdrawn without precedent. In the event a grievance
is not heard and/or answered by the Company within the stipulated time limits
established for same, the Union shall give the Personnel Director and the
applicable Plant Manager written notice that such time limit has not been met.
The Company shall have one (1) work day from receipt of this written notice to
hear and/or answer the grievance. If such hearing and/or answer is not provided
within this period, the grievance shall be considered granted, except if such
failure is due to reasons proven beyond the control of the Company.
POLICY GRIEVANCES
A policy grievance filed on behalf of or affecting three (3) or more employees
or the entire plant by the Union Shop Committee shall be referred directly to
the second step of the grievance procedure.
The Company agrees not to discharge or discipline any employee without
sufficient and just cause. If an employee is discharged, the Company shall
state the cause for discharge in writing to the employee, and shall also notify
the Chairman of the Committee and furnish him with a copy of the reason for
discharge. The discharged employee shall, if he so requests, be granted an
interview with the Chairman of the Committee before leaving the Plant, and the
employee shall have five (5) days excluding Saturdays, Sundays and listed
holidays within which to request a hearing or file an appeal on this case. The
Company shall grant such hearing within seventy-two (72) hours. If a
satisfactory settlement is not reached at such hearing, then the matter shall
proceed to step three (3) of the grievance procedure as outlined-in paragraph
6.1.
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ARTICLE VII
SENIORITY
7.1
(a) Seniority. Seniority is defined as total continuous length of
employment with the Company and shall be determined from the last date of hire,
and shall be applied as set forth in this Agreement. Seniority used herein is
further defined as the relationship between the employees in the bargaining
unit, and to protect and secure an employee's rights in relation to the rights
of other employees. Plant wide seniority in the unit shall prevail and the
principal of seniority shall govern and control all cases of promotion within
the unit, transfers, shift preference, preferred vacation periods, filling of
vacancies or newly created jobs and the decrease in the work force, providing
the senior employee can perform the available work in the average or normal
manner after a fair and reasonable trial period with assistance and
instruction.
(b) When there is a reduction in the work force, senior employees may
volunteer to accept a layoff pursuant to the following rules: 1) A notice shall
be posted on the shop bulletin board indicating the estimated number of
voluntary layoff positions available and the expected duration thereof. 2) From
among those employees responding to the notice the most senior of such
employees, subject to retention of necessary skills, shall be laid off. 3) At
the end of the layoff period, such employee(s) may elect (subject to necessary
skill requirements) to remain on layoff status if need be or exercise their
seniority by returning to their respective classification, seniority
permitting, if not, then to a different classification. 4) After the process
referred to in 3) immediately above is completed, additional voluntary layoffs
may be offered following the same procedure, and so on.
(c) Entering Skilled Classifications. To enter any skilled classification
as defined in subparagraph 7.8(h) by bumping on layoff or recall from layoff,
an employee must pass the applicable test referred to in subparagraph 7.8(h).
After passing the test such employee shall be subject to the trial period as
provided under subparagraph 7.8(9).
(d) Retention/Training. A junior employee involved in a work force
reduction who has started a job or program or has been working on that job for
a minimum of three (3) weeks, may be retained for an additional two (2) weeks
to either complete the job or train for an adequate replacement.
(e) Notice. Except for reasons beyond the Company's control, the Company
shall give five (5) working days notice to the Committee of all layoffs. The
Company shall give as much advance notice as possible to the Committee of all
recalls, transfers and rate changes.
(f) In recalling voluntarily laid-off employees back to work from layoff,
or those employees back to their classifications from transfer as the result of
layoff or lack of
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work as provided under paragraph 13.3, the more senior of such employee(s) may
elect (subject to necessary skill requirements) to waive recall back to work or
back to their classification, and thus remain on layoff or remain in the
classification to which transferred whichever the case may be. Employees on
voluntary layoffs must return to work or to their respective classifications,
whichever the case may be, when all less senior employees have returned and a
further recall need arises.
(g) Except for employees on voluntary layoffs, recalled employees or
employees temporarily transferred due to layoffs must return to work from
layoff or to their respective classification when recalled. The recalled
employee shall have five (5) work days in which to report for work following
layoff after having received notification from the Company. If such laid-off
employee fails to report within this period, the employee shall lose all rights
of seniority, unless the employee is temporarily incapacitated, preventing the
employee from responding, in which case the employee shall be recalled to work
as soon as the employee's health will permit.
(h) Rate. An employee transferred to a job classification under this
article shall be paid in accordance with paragraph 13.3 temporary transfer rate
of pay, or the rate level achieved in the classification by prior on the job
experience (provided such experience occurred within the last twenty-four (24)
months), whichever is greater.
7.2
No new employees shall be hired while qualified laid-off employees are
available and willing to return to work. Jobs of an emergency nature may be
filled temporarily at once by those employees next in line of seniority,
pending the return of qualified laid-off employees who have been notified to
return to work. In all cases of layoff other than temporary, the Company will
give the employee's affected by this reduction, twenty-four (24) hours notice
excluding Saturdays, Sundays and designated holidays. Any employee so notified
must, prior to actual layoff, notify the personnel department of his/her
request to exercise his/her seniority consistent with his/her ability and
qualifications.
7.3
A list of the regular full time employees in the unit and also a list of the
temporary or part-time employees shall be prepared by the Company, stating the
date of hire, and classification of each employee. These lists shall be posted
in the plant for thirty (30) days, during which time corrections may be made by
the Company and/or Committee based on facts. After the thirty (30) days posting
period, during which time corrections shall be made, the lists shall then
become the official Seniority Lists for the purpose of this Agreement. New
employees, hired after the effective date of this Agreement as regular full
time employees, shall be considered as probationary employees for the first
sixty (60) days worked, after which their names shall be placed on the regular
full time Seniority List and their seniority shall date from the last date of
hire. The above probationary period shall not be extended beyond the sixty
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(60) days of work, nor will the Company make a request therefor. The Seniority
List shall be revised from time to time by adding the names of new employees
and deleting the names of employees who have been terminated or quit. The
Company will notify the Union in writing of any change in the status of
temporary or parttime employees and part-time employees shall only acquire
seniority within their own group as such. For purposes of completing the
probationary period, an employee shall be considered to have a "day worked"
during any day the employee actually works at least seventy-five percent (75%)
of the employee's scheduled hours not to exceed eight (8) hours. In the event
that two or more employees have the same last date of hire, their seniority
order shall be determined by a coin toss.
7.4
Notwithstanding their position on the Seniority List, the shop Committee and
department Stewards shall rank at the top of the seniority list during his
and/or her terms of office for the purpose of layoff and shift preference. The
senior employee on outside contract or road jobs shall be the acting ▇▇▇▇▇▇▇ on
such job.
7.5
Employees who have served their probationary period, and then lose their
seniority for any reason, shall, upon being rehired, be required to serve
another probationary period, and they shall receive the current rate of pay for
the job classification in which they are rehired.
7.6
The Company will comply with its legal obligations, as provided in the
Selective Service & Training Act of 1948 as amended, with respect to the
Seniority and re-employment of employees who volunteer or are inducted into the
Land, Naval or Air Force of the United States of America, pursuant with such
act.
7.7
Seniority shall be terminated for the following reasons only:
1. Voluntary quit, resignation or retirement.
2. Discharge for sufficient and just cause.
3. The employee has been laid off for a period of twenty-four (24)
consecutive months or equal to the employee's accumulated seniority to
a maximum of forty-eight (48) consecutive months.
4. The employee accepts work elsewhere with another employer during a
leave of absence, without permission from the Company and the
Committee.
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5. The employee fails to report, or is absent from work for three (3)
consecutive work days without notifying the Personnel Department, or
without calling the designated telephone number for such purpose,
except where he/she failed to give the above notification for good
cause. It is understood that for reasons beyond the control of the
employee, such notifications may be given by another person.
6. The laid off employee has failed to report for work pursuant to
paragraph 7.2.
7. The employee has failed to report for work or give proper notice
following the expiration of an approved leave of absence pursuant to
paragraph 8.5.
8. The employee has failed to report for work or give notice as required
by paragraph 8.5, following a nonoccupational or occupational leave
taken pursuant to paragraph 8.3.
JOB BID PROCEDURE
7.8
(a) All job openings not filled by the recall procedure shall be posted
showing the classification, rate, department, location and shift, for a
forty-eight (48) hour period. A job opening is defined in the following
manner: When work in a classification is performed or needed more than
fifty (50) percent of the time, the job will be filled on a permanent
basis. When a new job classification is instituted, such classification
shall be posted for bid regardless of (g) below.
(b) An opening in a classification which has not been active for a period of
at least six (6) months shall be posted as in (a) above unless the job
can be filled by recalling an employee whose original classification is
that of the opening.
(c) Job openings will be posted as they become available. Employees bidding
on an opening will turn in their bid to the Personnel Department and at
that time, will be given a receipt acknowledging such bid.
(d) An employee bidding on more than one job at the same time shall
indicate his/her order or preference of job on bids.
(e) Seniority shall rule in the selection of employees who have the physical
fitness and ability in learning to perform the work with supervision and
instruction.
(f) When an employee successfully bids on a job, he/she may not bid on
another job for six (6) months except by mutual agreement. If an
employee bids on a job and is unsuccessful in filling that job after
the trial period, he/she shall not have the right to bid on another job
for six (6) months except by mutual
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agreement. This does not preclude an employee from filing a grievance
if the employee feels his/her rights have been denied under this
clause.
(g) Pursuant to (e) above, up to fifty (50) working days, depending on the
complexity of the job, shall be allowed for the employee to demonstrate
his/her skills and ability on all job bids, permanent transfers or
layoffs.
(h) "Skilled classifications" for purposes of this paragraph shall be Model
Making, Welding, Machinists, Inspection, Jig & Fixture, Mold Builder,
and Electrical Maintenance. In determining ability, under (e) above for
skilled classifications, such bidding employees may be given a written
test prior to being placed on the job in order to help to determine
ability. To qualify, the bidder must pass a test mutually agreed to by
the parties verifying basic skills including shop math, blueprint
reading, and reading and understanding measuring devices relevant to
the job classification. It is understood that such test shall not be
the exclusive factor in determining ability, nor shall it supersede
seniority rights. Rather, it is for the purpose of determining whether
the bidding employee(s) have the minimum ability to meet the
expectations contained in this section.
(i) In the event there are no bidders for a skilled classification who have
the above referred to qualifications and who have demonstrated same,
then the Company agrees to give preference to training present
employees for jobs in a skilled classification in accordance with the
training procedure provided in paragraph (j) below.
(j) Training Procedure
The job opening referred to in subparagraph (i) shall be posted as a
trainee position on the bulletin board for forty-eight (48)
consecutive hours (weekends and holidays excluded) indicating that a
reasonable amount of training will be given to the successful bidder.
If there are less such bids than are required, written notice of the
opening shall be provided by mail to all laid-off employees on the
recall list. Any interested laid-off employees shall have six (6)
calendar days from the date of mailing of the notice to bid on the
posting. From among those employees signing the second posting, the job
opening shall be awarded to the employee bidding therefor who has the
most seniority who can learn to perform the requirements as indicated
by a mutually agreed upon written test. The employee thus awarded the
job in the classification shall be transferred thereto as soon as
reasonably possible after the award is made and will be allowed up to
ninety (90) working days to demonstrate that he/she has the aptitude
for and will be able to learn to satisfactorily perform the duties of
the job in the classification into which he/she bid with reasonable
training. The employee shall not be subject to shift bumping during
this period. It is understood that where a chain of bidding results
from an initial bid, it may not be practicable to effectuate transfers
to the bid jobs until after all successful bidders in such chain of
bids are ascertained. In no event, however, will a
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bidding employee be denied transfer to the bid job for more than
fifteen (15) working days without mutual agreement between the Union
Committee and Management. The Union agrees it will not unreasonably
deny management's request for an extension. With reference to training
employees for skilled classification trainee positions, in addition to
subparagraph (i) below, where there is an urgent necessity to fill the
job and not adequate time to train present employees, then the Company
may hire a qualified employee from the outside to fill such job. If the
Company is unable to hire a qualified employee within thirty (30)
working days, after the posting, the job opening shall again be posted
for forty-eight (48) working hours providing for a reasonable amount of
training to be given to the senior bidder as provided above.
(i) Pursuant to paragraph (j), above, it is agreed that once two
(2) bidders have been placed as trainees on such jobs, the
Company may hire without posting a qualified employee from the
outside, i.e., a two-to-one ratio. Such nonposting shall be
allowed only in the event of an outside hiring pursuant to the
two-to-one ratio, and prior written notice shall be provided
to the Committee. The first two slots shall be filled by then
current employees in accordance with the provisions contained
herein. In the event there are no trainee bids or less such
bids than are required, the Company shall be permitted to fill
the respective-position(s) with a newly-hired employee(s),
provided such hiring is done within thirty (30) working days,
and such employee passes the applicable test.
(ii) Reference to an employee being allowed "up to fifty (50)"
or"up to ninety (90)" working days does not mean that an
employee who is lacking in the minimum qualifications will be
allowed any period, nor that an employee who demonstrates
during such period that he/she will not meet the expected
requirements will be allowed to remain on such job for the
full period designated.
(iii) An employee who is awarded a job through the above-described
bidding procedure who demonstrates during either the "fifty
(50)" or "ninety (90)" working day period that he/she does not
meet the expected requirements, may be returned to the job
classification from which he/she bid and shall not be awarded
another job through the bidding procedure during the next
succeeding six (6) months after being removed from the bid
job.
(iv) When an employee is disqualified in accordance with the
provisions of subsection (ii) above, the job opening in the
job classification from which he/she is removed shall be
re-posted as a secondary posting (as described in the first
paragraph of this section) if it is still necessary to fill
such job opening.
(v) Employees who bid for a job subject to training shall not be
allowed to bid on another job until they have completed twelve
(12) months in that
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job classification. In the event the Company deems it
necessary to remove an employee as provided for in sub-
section (ii) above, it will notify the Shop Committee if
possible, of the reason for such removal before the employee
is removed from the job. If the employee so removed disagrees
with the Company's action, he/she may file a grievance with
respect thereto, starting at the First Step of the grievance
procedure.
(vi) Employees who bid for and are awarded the job opening may not
disqualify themselves for any reason, except for proven health
problems. However, employees who bid for a job may withdraw
their bid anytime prior to being awarded the job opening.
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7.9
SHIFT PREFERENCE
(a) A shift preference slip must be completed, signed by the employee
making the request, and presented to the Personnel Department.
(b) Such shift preference can be exercised only for changing to another
shift in the employee's own job classification.
(c) A successful bidder for a job posting opening shall not be displaced by
a shift preference request until completion of his/her first forty (40)
days worked in the classification. The successful bidder will not be
permitted to exercise his/her shift preference for six (6) months.
(d) An employee shall be permitted to exercise his/her seniority for shift
preference over the least senior employee in that same job
classification on another shift who is subject to bumping. The employee
will transfer to the new shift at the start of a work week following
seven (7) calendar days notice.
A senior employee may exercise a shift preference request over a
regular "full time" (probationary included), part-time or temporary
employee, in accordance with this Paragraph 7.9, where a less senior
employee is assigned to the preferred shift. Probationary employees are
not subject to being bumped from their shifts for the first forty (40)
days worked of their employment.
(e) An employee who exercised his/her shift preference pursuant to 7.9
shall not be eligible to do so again during the next succeeding six (6)
months.
In the event the Company decides to discontinue a shift in whole or in
part, the employee(s) affected shall be given at least seven (7)
calendar days notice.
7.10
PART-TIME, TEMPORARY, AND STUDENT EMPLOYEES
For purposes of this Agreement, "part-time" shall be defined as a minimum of
eighteen (18) and a maximum of twenty-five (25) hours per week. Temporary
employees shall be defined as being hired for a maximum of sixty (60) days
worked. No more than ten (10) percent of the bargaining unit will be
"part-time" employees, and no more than five (5) percent of the bargaining unit
will be temporary employees. Except as provided below, part-time employees will
receive one-half (1/2) the benefits of regular "full time" employees. Part-time
employees will receive a full hourly pension contribution. Part-time employees
are not eligible for profit sharing. Part-time employees will receive single
person coverage for health and dental benefits. Temporary and student employees
are not entitled to any of the benefits to which
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regular "full time" and "part-time" employees are entitled. Students and
temporary employees are not entitled to work any overtime unless all regular
"full time" employees in the Plant have been offered overtime. "Part-time"
employees are entitled to work overtime provided that all regular "full time"
employees in the same job classification have been offered overtime.
Temporary and student employees shall not accumulate seniority, and in the event
of layoff or job classification reduction shall be the first laid off followed
by probationary employees and then part-time employees in line with their
seniority, which shall accrue to them on the basis of one (1) day for each two
(2) days accrued by regular "full time" employees.
ARTICLE VIII
LEAVES OF ABSENCE
8.1
(a) Leaves of absence without pay for a reasonable period of time, usually
not to exceed thirty (30) days, will be granted to employees covered by
this Agreement for urgent, compelling and/or emergency reasons, and as
otherwise granted by the Company. Extensions of such leaves not to
exceed an additional thirty (30) days may be made provided such
extended leaves do not seriously interfere with the orderly and
necessary operation of the plant. Requests for leaves of absence shall
be made in writing on duplicate forms. One (1) copy to be retained by
the Company, and one (1) copy to be retained by the Union.
(b) Leaves of absence shall be granted to employees obligated to render
jury service for such period of time as shall be required for the
performance of such service. Any such employee(s) called for such jury
service will receive the difference between the pay he/she received for
such jury service and his/her applicable rate of pay computed on the
basis of a forty (40) hour week and/or an eight (8) hour day. Employees
shall present upon receipt of summons for any such jury service, the
same to their supervisor.
(c) Leaves of absence shall be granted to employees called for military
service in the National Guard or the Active Reserves for such period of
time as shall be required for the performance of such service. Any such
employee(s) called for such military service will receive the
difference between the pay he/she received for such military service or
his/her applicable rate of pay computed on the basis of a forty (40)
hour week and/or eight (8) hour day up to a maximum of three (3) weeks
each calendar year. Employees shall present upon receipt of call for
any such military service the same to their supervisor.
(d) Seniority shall accumulate during any leaves of absence.
8.2
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Any employee in the unit who is appointed or elected to full time office in the
Union may be granted an unpaid leave of absence for the terms of such office in
the sole discretion of the Company. A leave of absence may be extended for a
succeeding term of office. Employees granted such leaves(s) shall retain
seniority in the bargaining unit during term of office or any other extension
thereof, but shall not be entitled to any other benefits or privileges of
employment, including but not limited to the continued accumulation of
seniority.
8.3
No employee shall be terminated from the Company's payroll because of or on
account of compensable industrial illness or injury, nor any illness and/or
injury attributable to legitimate reasons, except that for nonoccupational
leave related to injuries or illnesses, seniority shall cease after forty-eight
(48) continuous months disability, and for occupational leaves related to on
the job injuries or illnesses, seniority shall cease after sixty (60)
continuous months of disability. Benefits for occupational leave related to
injuries or illnesses shall cease after twenty-four (24) months disability.
Benefits for nonoccupational leave other than job seniority shall cease after
twelve (12) months disability.
Such employee shall be returned to the job classification he/she occupied
immediately prior to his/her leave provided he/she has the then present
physical ability to perform the work. If such employee is unable to return to
his/her former job classification he/she shall be placed in a job
classification, which he/she has the present physical ability and skill to
perform provided he/she has the requisite seniority to occupy such job and
shall be paid the rate applicable to the job on which he/she is placed. When
such employee is physically able to return to the job classification he/she
occupied prior to the leave, he/she shall be returned thereto, seniority
permitting.
8.4
In the case of an employee granted a leave of absence for reasons of illness or
disability, the employee shall provide the Company with a physician's release
prior to his/her return to active employment.
The Company may require the examination of an employee on medical leave by a
Company designated physician, but no more than once every thirty (30) days. The
Company shall pay for the cost of all such examinations and any lost wages as a
result thereof, if any.
8.5
Any employee who does not report from a leave of absence within three (3)
working days of the scheduled date of return shall give notification to the
Personnel Department within those three (3) working days. Except for urgent,
compelling, and/or emergency reasons for his/her failure to report or give
notice, the employee shall be
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deemed a voluntary quit and have no further rights to reemployment pursuant to
this Agreement.
8.6
Leaves of absence shall not be taken for vacation purposes.
8.7
Employees shall be given copies of all pertinent information regarding the
coverage of workmans' compensation of which they may be involved in or entitled
to, moreover, the Company agrees to cooperate in assisting and assuring so far
as it is able, all rights which the employees are entitled.
ARTICLE IX
WORK DAY, WORK WEEK, OVERTIME PAY AND SHIFT PREMIUM
9.1
The established work day shall consist of eight (8) hours and the established
work week shall consist of five (5) eight (8) hour days, Monday through Friday,
inclusive. The starting time of the first (1) shift shall be 6:30 a.m., and the
quitting time shall be 3:00 p.m., with one half (1/2) hour unpaid lunch period
from 11:35 a.m. to 12:05 p.m. with a five (5) minute paid wash up period
starting at 11:30 a.m. The starting time for the second shift shall be 3:00
p.m., except for Saturday when the starting time shall be 12:00 noon, where
practicable, and the quitting time shall be 11:30 p.m., with one half (1/2)
hour unpaid lunch period from 7:05 p.m. to 7:35 p.m. with a five (5) minute
paid wash up period starting at 7:00 p.m. Each employee is expected to be in
his/her work area and start work when the shift begins. The second paid wash up
period for each respective shift shall begin five (5) minutes before the end of
each employee's shift. Employees are expected to limit their wash up periods to
five (5) minutes. If the Company has more than twelve percent (12%) of the
workforce operating on a third shift all three shifts shall have a thirty (30)
minute paid lunch period. Employees must remain on the premises during this
paid lunch period. The shift starting and quitting times for certain individual
employees may be altered (up to a maximum of 15% of the bargaining unit unless
mutually agreed upon otherwise) for production purposes, at the management's
discretion. The Committee hereby agrees not to act unreasonable in regard to
such requirements. No employee shall be required to work outside of their
established daily or weekly hours, without employee's consent.
9.2
In the event that overtime work is necessary, employees shall receive time and
one-half (1-1/2) for all work performed over eight (8) hours on any one (1) of
the first five
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(5) regularly established work days. Time and one half (1-1/2) shall be paid
for the first eight (8) hours on Saturday; Double (2) time shall be paid for
all work performed after the first eight (8) hours on Saturdays and in excess
of ten (10) hours in any one (1) of the first five (5) regularly established
work days. Double (2) time shall be paid for all work performed on Sundays and
the following designated holidays: New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Eve,
Christmas Day and New Year's Eve.
9.3
In the event that it is necessary to work overtime on any job, the employee(s)
on the job assignment in the job classification and shift shall be given the
overtime work first, providing the employee(s) are regular employee(s) or
regularly assigned to the job, where such overtime is required and has worked
at least the last two (2) hours before the regular scheduled quitting time on
such job, or who has performed the job the Friday before in the case of
Saturday or Sunday overtime. The Company agrees to give as much advance notice
as possible to employees of overtime opportunities in their classification with
a minimum of two (2) hours prior to the scheduled start of their overtime.
Employees who are not notified pursuant to the foregoing shall not be charged
for such overtime not worked. Then:
All overtime work shall be distributed as equitably as possible among all
employees as their skills will permit within their respective job
classifications, and shifts. In order to fulfill the above, the Company will
maintain an up-to-date overtime chart of all employees posting thereon all
overtime hours worked and/or offered to employees. It is understood that the
employees in the same job classification, and shift, with the least amount of
overtime hours on the above chart will be offered to work the overtime,
providing such assignment would not be detrimental to the progress or quality
of any particular job. The Company will review overtime offered among the
shifts on a regular basis for purposes of maintaining a reasonable balance of
overtime opportunities. The Company agrees not to cancel scheduled overtime
work without giving at least one (1) hour notice prior to the beginning of the
scheduled overtime shift nor cancel in process overtime work except and to the
extent beyond its control.
9.4
In the event that two (2) or three (3) shifts are in operation, employees
working the second shift shall receive a shift premium or bonus of five (5)
percent of their regular hourly rate to a maximum of $ 75 per hour. Employees
working on the third shift shall receive a shift premium or bonus of seven (7)
percent of their regular hourly rate to a maximum of $1.20 per hour. Effective
March 15, 1992, new employees hired on or after that date will receive a shift
premium of $.25 per hour for working on the second shift and a shift premium of
$.35 per hour for working on the third shift.
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9.5
On each workday, employees will receive two (2) paid fifteen (15) minute rest
periods, except for clean room employees who shall receive one twenty (20)
minute paid rest period before lunch and one fifteen (15) minute paid rest
period after lunch. The first shift will have one (1) rest period before lunch
and one (1) rest period after the lunch break. The other shifts will break once
before the dinner period and once after the dinner period. The Company will be
responsible for scheduling employee break periods at or near the midpoint of
each one-half (1/2) shift. Employees scheduled to work ten (10) or more hours
will have an additional ten (10) minutes paid rest period, to be taken at the
end of the ninth (9) working hour. In addition, employees will be required to
remain on the premises during the rest period, and remain on the job until the
beginning of the rest period. A five (5) minute paid wash up period will be
permitted only during the last five (5) minutes of the employee's overtime
shift.
The lunch room shall be off limits at all times except before and after work,
Union meetings and break and lunch periods. The consumption of beverages at the
employee's work place will be permitted during periods other than the above,
but will not be abused, nor will coffee pots be permitted in the plant without
Company permission.
It is understood this provision will not be implemented until access to the
vending machines (i.e., cigarette, changer, beverages and drinking fountain)
outside the lunch room is available.
9.6
If an employee agrees to work overtime regardless of notification under
paragraph 9.3, that overtime shall become mandatory. Should the employee fail
to report for or leave early from the agreed overtime work for reasons other
than those excused in the attendance policy they will be subject to the
following disciplinary system, exclusively.
1st - Verbal (written)
2nd - Written
3rd - Written Warning
(3 days off without pay)
4th - Termination of employment
It's understood that any discipline issued hereunder, shall not be used in any
other disciplinary circumstance in combination or otherwise. Tardiness will be
counted as a tardy under the attendance policy and subject to that policy's
discipline system.
9.7
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In the event an employee is absent during any one of the normal work days
(Monday through Friday) they must report such absence to the Company to be
eligible for overtime assignments as provided in the current Labor Agreement.
Failing to report by telephone to the designated number or the Personnel
Department on the day of such absence, shall cause the employee to forfeit
his/her next overtime assignment only.
ARTICLE X
REPORTING TIME AND CALL BACK TIME
10.1
In the event an employee reports for work on his/her regular shift, without
having been previously notified not to report, he/she shall be given at least
four (4) hours work within his/her classification, and if no work is available
in his/her classification or other work that he/she can perform, he/she shall
be given four (4) hours pay for reporting. This paragraph shall not apply if
there is a lack of work caused by fire, tornado, storm, power failure, or act
of God.
10.2
Any employee who has terminated their shift and has been called back to work on
the same day after the termination of their regular shift shall receive not
less than four (4) hours of work or four hours pay at double (2) time, unless
the employee by previous agreement has been requested and has agreed to come
back to work, they shall receive not less than three (3) hours work or three
(3) hours pay at the applicable overtime rate of pay.
10.3
An employee shall be deemed to have been requested to report for work on
his/her regular shift unless notified to the contrary by an authorized
representative of the Company, at or before the close of the previous day's
shift.
10.4
Employees who are requested by the Company to remain in the plant after the
lunch hour, waiting for work or jobs and the work or job does not materialize,
they shall be paid to the end of the regular day as standby time, at their
regular hourly rate.
10.5
If the Company approaches an employee before that employee has terminated their
regular shift, the Company may request the employee, and the employee may agree
to work a specific number of overtime hours on Saturday, Sunday or Holidays for
a
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given overtime assignment within a forty-eight (48) hour period. A
Committeeperson may be present at the time of the request or if one is not
present or is not available, the employee should sign an acknowledgement of
what hours they have agreed to work. If the employee who was requested to work
turns down the overtime assignment, a different employee can be approached in
the same manner. The above description will operate in conjunction with the
equalization of overtime and pertains to the above overtime assignments only.
ARTICLE XI
PAID HOLIDAYS
11.1
All regular full time employees covered by this Agreement shall receive holiday
pay for each of the following designated holidays not worked irrespective of
the day of the week on which the holiday may fall at the rate of eight (8)
hours pay at the employees' current hourly rate of pay, provided the employee
has worked at least six (6) hours on the last regular scheduled shift preceding
the holiday. Employees on leave of absence due to noncompensable illness or
injury shall be entitled to and receive their holiday pay for all holidays
falling within the first ninety (90) day period of such leave and in addition
they shall receive holiday pay for all holidays falling within a twelve (12)
month period of leave of absence due to compensable injury or illness.
11.2
In addition to the payment of double (2) time for hours worked on any of the
following designated holidays, as provided in Article IX, Section 9.2, all
employees working on such holidays shall receive holiday pay as set forth in
Section 11.1.
11.3
The following designated holidays shall be paid holidays under this Agreement:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, the Friday after Thanksgiving, Christmas Eve, Christmas Day and
New Year's Eve.
11.4
If a holiday falls within an employee's vacation period, such holiday shall not
be considered as part of the vacation period, and the employee shall receive
his/her full vacation and vacation pay, in addition to holiday pay as
hereinbefore provided in Section 11.1.
11.5
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In the event that any one of the above designated holidays shall fall on a
Saturday or Sunday, the day observed by the State, Nation or by Proclamation,
shall be the holiday observed under this Agreement.
ARTICLE XII
GROUP INSURANCE, HOSPITAL AND WELFARE PLAN
12.1
The Company will maintain a hospital surgical, accident and sickness benefits
and life insurance plan for those employees who wish to participate.
12.2
The Company agrees to provide and pay the full insurance premium for Blue Cross
Blue Shield Comprehensive Major Medical Plan CMM-100 or the Preferred
Physicians Health Plan (PHP) plan number 10148 for all employees and their
eligible dependents. It's understood that employees, at their option, can
choose either one of the above plans, but not both. The employee may change
from his or her existing plan to one (1) of the others, but not more often than
once a year and only during the open enrollment periods designated by the
insurance company. The Company will pay the premium for the first three (3)
months for laid-off employees with one (1) or more years of seniority.
12.3
The Company agrees to pay the total premium cost for the life insurance and
fifty-two (52) week disability insurance for all bargaining unit employees
after completion of the probationary period. The plan will consist of
$24,000.00 minimum or one (1) time the yearly wage term insurance, whichever is
greater. Current employees will receive a minimum of $250/week or sixty percent
(60%) of their weekly wage rate, whichever is greater with a maximum benefit
level of $320/week. New employees hired after the effective date of this
contract will receive sixty percent (60%) of their weekly wage rate with a
maximum benefit level of $320/week for fifty-two (52) weeks indemnity.
Effective March 15, 1996 - Maximum raised to $330/week for all employees.
Effective March 15, 1997 - Maximum raised to $350/week for all employees.
12.4
The Company reserves the right to change insurance carriers during the life of
the Agreement; however, any change will provide insurance coverage and benefits
equal to or better to the employees and their dependents.
12.5
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The Company will offer a Dental Program for all employees and their dependents.
The Company will pay eighty percent (80%) and the employee will pay twenty
percent (20%). The maximum benefit level is $1,000.00 and, in addition, Type A
expenses are now covered 100%.
12.6
Retirement Benefit. The Company will pay 100% of the premium for Health & Life
Insurance for employees electing to retire between the ages of 62-65, up to the
age of 65. The cost to the Company for Health Insurance premiums paid pursuant
to this provision shall be capped at the rate of such premiums as of January 1,
1996. Employees retiring before March 14, 1998 shall not be subject to this
cap. This benefit applies to the employee and their spouse.
12.7
If an employee has alternate medical coverage available to him/her and that
employee elects not to be covered by the Company's health insurance, the
Company shall pay on a monthly basis to that employee, who would otherwise be
eligible for such coverage, the following sums, with normal tax withholdings:
$50.00 for a single employee; $140.00 for two (2) person coverage; and $200.00
for full family coverage. Where an employee is married to another employee
(hourly or salaried), only one employee (at the election of the affected
employees) shall receive health insurance coverage, and the spouse shall
receive the applicable monthly payment. During the period of this contract, any
employee electing not to be covered by the Company's health insurer shall have
the right to change their election and obtain health insurance coverage paid by
the Company. In such event, the employee shall be (subject to the insurance
Company's regulations) immediately insured by the Company's health insurance
carrier to the extent that the employee qualifies for coverage. The employee
shall provide proof that their spouses' insurance loss was due to no fault of
the insured. If the insurance regulations do not permit immediate coverage, the
Company shall pay to the affected employee, on a monthly basis, a sum equal to
the monthly premium that would otherwise be paid to the insurance carrier for
that employee and his or her dependents. Said sums shall be paid to the
employee without deductions for federal income tax, state income tax and FICA.
However, said sums shall be added to the employee's total annual earnings (W-2)
at the end of each year.
12.8
The Company offers a 401K Employee Savings and Investment Plan. The Plan will
be voluntary and governed by the Plan and subject to approval by the I.R.S.
There will be no Company contribution. A summary description is attached in the
back of this Agreement. The Company will pay all administrative costs of the
Plan for the life of the current Agreement.
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12.9
The Company will provide the flexible benefit plan, presented and discussed
during negotiations, to be effective on or before April 1, 1992, or as soon
thereafter as the Plan may be implemented. The Employer shall pay all
administrative expenses of the Plan. All unused benefits remaining in
participants' accounts at the end of the plan year shall be forfeited as
required by applicable law. Such forfeited benefits shall be distributed on a
per capita basis to all Plan participants.
ARTICLE XIII
CLASSIFICATION AND MINIMUM RATES OF PAY
13.1
Classifications and minimum rates of pay shall be established as of the
effective date of this Agreement as Exhibit "A" shall be attached to and be
made a part of this Agreement.
13.2
The matter of establishing new classifications and rates of pay applicable
thereto shall be subject to negotiation between the Company and the Union, and
when approved shall become a part of this Agreement.
13.3
Temporary Transfers. Subject to the six (6) month and sixty (60) day
restrictions provided below, the Company may temporarily reassign employees
from one building to another within their respective job classification (this
restriction shall not apply to reassignments within a building). The Company
may temporarily transfer employee(s) from their classification to another
classification in accordance with their relative seniority status and ability
to cover for employees who are absent due to illness, accident, vacations,
leaves of absence, layoffs, lack of work, or for short term production
requirements for the duration of such absence, layoff or production
requirements, but in any event not to exceed six (6) months (sixty (60) working
days in cases of lack of work or short term production requirements) except by
mutual agreement between the Company and the Shop Committee. The Company agrees
not to abuse and/or reassign or transfer employees pursuant to the above for
reasons of partiality or discrimination.
(a) There shall be no permanent transfer of an employee (other than through
the bidding procedure) from his/her classification to another
classification without mutual agreement between the Company, the Union
and the employee involved.
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(b) Temporary transfers shall not be used to avoid the posting of full time
job openings, nor for the purpose of avoiding the recall of a laid-off
employee. The Company may temporarily transfer employees to fill posted
jobs from the time of the posting until the successful bidder is
assigned the job opening.
(c) Copies of all temporary transfer slips (except such transfers that are
made due to leaves of absence as provided in Article VIII and vacation
fill-ins) will be furnished to the Shop Committee Chairman weekly, if
there are any.
(d) Except as specifically provided in (e) below or in paragraph 8.3, an
employee on a temporary transfer from one classification to another of
one (1) working day or longer shall be paid for all time for such
transfer at the employee's applicable hourly rate or the minimum "B"
rate of the applicable temporary job classification, or the rate level
achieved in the classification by prior on-the-job experience (provided
such experience occurred within the prior twenty-four [24] months)
whichever is greater.
(e) An employee recalled from layoff, or an employee who is required to
bump on account of a layoff to a lower-rated job classification, shall
receive the rate of the lower-rated classification, and shall be placed
in the pay range level of the lower classification at the rate
proportionate to the employee's rate in the pay range of the higher
classification. Such an employee who returns to the previous
higher-rated classification shall not receive credit for progression
increases received during that period of recall or bump. This provision
shall be strictly limited to recalls from layoff and required bumps as
the result of layoffs, exclusively.
(f) An employee on a temporary transfer of less than a day's duration shall
be paid the employee's applicable hourly rate.
13.4
When new jobs and/or classifications are created through the introduction of
new types of equipment or processes, the Company shall establish an initial
rate, it shall become the rate for the job unless the Union requests to
negotiate a new rate prior to the end of a thirty (30) day trial period.
Upon such request, the Company agrees to meet and negotiate the job rate and
the working conditions. Any negotiated rate shall become effective retroactive
to the date the job was established. Should any disagreement arise over such
negotiations, it may be resolved through the grievance and arbitration
procedure.
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ARTICLE XIV
VACATIONS
14.1
All full time employees covered by this Agreement shall be entitled to and
receive vacations and vacation pay bonus, based on the following schedule.
14.2
Vacations shall be determined on the basis of the employee's years of service.
The term "years of service" shall mean the employee's total years of seniority
with the Company. Seniority shall be computed as provided for under the
Agreement. Employees having one (1) year but less than two (2) years of
service shall receive five (5) days of vacation and pay equal to forty hours
pay at the employee's applicable hourly rate. Employees having two (2) but less
three (3) years of service shall receive five (5) days of vacation and sixty
(60) hours pay at the employee's applicable rate. Other employees shall receive
vacation pay based on the percentage of Gross Wages shown below.
1 year 5 days -- 40 hours pay
2 years 5 days -- 60 hours pay
3- 4 years 10 days 4% of Gross Wages
5- 8 years 10 days 5% of Gross Wages
9-11 years 15 days 6% of Gross Wages
12-14 years 15 days 7% of Gross Wages
15-19 years 20 days 8% of Gross Wages
20-24 years 20 days 9% of Gross Wages
25-29 years 20 days 10% of Gross Wages
30+ years 25 days 10.5% of Gross Wages
(a) Preference for a vacation period will be granted on plant-wide seniority
basis within the classification.
(b) Recall of employees on vacation will be made on voluntary basis.
(c) To be eligible for vacation pay an employee must have worked a minimum
of five hundred (500) hours during the twelve (12) month period prior
to the employee's anniversary date.
(d) For purposes of this Article, Gross Wages shall not include payments to
employees made pursuant to paragraph 12.7.
(e) An employee who is entitled to ten (10) or more days of vacation shall
be given the privilege of taking his/her vacation in one (1) week
periods.
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(f) An employee shall file a written request with his/her ▇▇▇▇▇▇▇ on a form
provided by the Company requesting specified vacation dates to be taken
any time during his/her respective anniversary year.
(g) When the vacation schedule has been received and approved, the time
selected shall become his/ her assigned vacation and will not be changed
unless approved by the department ▇▇▇▇▇▇▇ and the Personnel Department.
If an employee bypasses his/her vacation choice at this time, he/she
then waives his/her right to this choice. His/her vacation will then be
scheduled in such a manner so as to not affect other employees who have
previously made their selections.
(h) In the event of death, existing vacation payment will be made to the
estate of the deceased or his/her legal heirs or spouse.
(i) Employees with one (1) or more years of service who terminate
employment with the Company for any reason during the term of the
Agreement shall receive pro-rata vacation at the time of their job
severance. Such pro-rata vacation pay shall be based upon total gross
earnings computed on the percentages set forth above.
(j) The employee shall receive his/her vacation pay in the week following
his/her anniversary date.
(k) For the purpose of vacation choice, ten percent (10%) of the bargaining
unit may take their vacation at any time; anything in excess of this
will be by agreement with the Company.
(l) All employees entitled to vacation of two (2) weeks or more shall be
eligible to carry over a maximum of three (3) weeks vacation up to one
(1) year.
(m) For purposes of calculating Income Tax on vacation, in order to
minimize the amount of taxes, such checks will be figured as though
separate weekly checks are issued.
ARTICLE XV
SAFETY AND SANITATION
15.1
The Company shall furnish and maintain safe and healthful sanitary working
conditions in the plant at all times, including proper ventilation, washing
facilities and toilets. The Company will also provide suitable protective
clothing, gloves, safety goggles and other safety devices and guards for all
employees covered by this Contract. The Company shall also provide prescription
safety glasses for any employee of the
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Bargaining Unit required to wear such glasses. The Company agrees to maintain
the eye glass policy as defined by the memorandum dated 3/15/92. The policy
provides for compensation levels for prescription and non-prescription glasses.
The Company shall not be obligated to furnish these prescription glasses more
often than one (1) pair per employee every two (2) years. Employees shall not
be required or compelled to operate any unsafe machine or equipment and these
matters shall be subject to the grievance procedure in his/her Agreement.
15.2
All employees shall act to promote safety in the plant at all times and report
all hazards and industrial accidents to Company Representatives.
15.3
An employee who may be injured in the plant or suffers an industrial accident
in the course of his/her work and requires the services of a Doctor or needs to
be hospitalized, shall be provided transportation to the hospital or Doctor's
office and returned to the Plant, or the employee's home in the event the
employee is unable to resume his/her regular duties. If the employee is unable
to return to work, he/she shall be compensated for a full day on which the
injury occurs, or on the day on which he/she makes his/her first visit to the
Doctor or the hospital. If subsequent medical attention is required after the
employee returns to work, he/she shall receive his/her regular rate of pay for
the time spent in visits to the Doctor.
15.4
The Company shall maintain adequate first aid facilities and a qualified first
aid employee.
ARTICLE XVI
FUNERAL LEAVE
16.1
Employees who have a death in their immediate family shall be granted time off
with pay at their applicable rate in accordance with the following schedule:
(a) Five (5) consecutive days off in the event of the death of a husband,
wife, son or daughter.
(b) Three (3) consecutive days off in the event of the death of a stepson,
stepdaughter, legal ▇▇▇▇, father, mother, brother, sister, grandchild,
current stepfather, current stepmother, current father-in-law, current
mother-in-law, current son-in-law and current daughter-in-law.
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(c) One (1) day off in the event of the death of a current sister-in-law,
current brother-in-law, current stepbrother, current stepsister,
grandmother or grandfather.
(d) Any and all other relationships are excluded, but an employee will be
excused for attendance of funerals outside those referred to above with
verification given.
16.2
No time off or pay will be granted if the employee fails to attend the funeral
of the deceased, excepting his/her inability for legitimate reasons to do so.
16.3
The Company reserves the right to request written proof of death in determining
right to these benefits.
ARTICLE XVII
GENERAL PROVISIONS
17.1
All employees shall keep the Company and the Union informed at all times of
their proper post office address and current phone number, and the Company
shall be entitled to rely upon the addresses and phone numbers shown on the
Company's records in giving notices to the employees.
17.2
The Company shall provide a suitable bulletin board at an appropriate location
in the plant for the exclusive use of the Union.
17.3
The Company agrees to furnish a copy of the Agreement to each employee within a
reasonable time after its effective date and to each newly hired employee
thereafter at the time of hiring.
17.4
It is agreed that any and all privileges enjoyed by the employees prior to the
date of this Agreement will not be denied to them because of the signing of the
Agreement. Such privileges shall be continued to be enjoyed by the employees
during the term of
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this Agreement. However, any privilege or privileges may be denied by mutual
consent of both parties.
17.5
The Company will not, so long as equipment and personnel are available,
subcontract any work which is customarily performed by employees in the unit to
any other Company.
17.6
It is agreed that a Safety Committee, composed of hourly employees, a Union
representative and a Management representative shall hold meetings. Such
Committee member shall be paid for time spent during work hours in relationship
to the above.
17.7
All employees covered by this Agreement shall be paid on Friday of each week.
Employees assigned to work outside of the home station at Lansing, Michigan,
and who are entitled to, and receive per diem expense and travel expenses on
every Friday when they receive their regular weekly pay.
17.8
Supervisors and other employees excluded from the Bargaining Unit shall not
perform any work normally performed by members of the Bargaining Unit except in
emergency or for instruction purposes, or except engineers and technicians who
are working on research and development projects conducted at Company expense.
17.9
The Company has the right to establish reasonable shop rules and regulations
which are not in conflict with this Agreement. Complaints relative to the
reasonableness and/or application of such rules shall be subject to the
grievance procedure as outlined in Article VI.
17.10
All forms of discipline and/or reprimands will become ineffective and shall be
removed from the employee's folder ten (10) months from the date of such
action. The Union representative will be given the opportunity to be present at
the time any discipline is issued to an employee and will be given a copy of
any such disciplines.
17.11
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Employees will be given sufficient time off without pay to conduct Local Lodge
Union activity off the plant premises during working hours and such absence
shall not be charged against these employees, nor shall that be a basis for
disciplinary action. The Union agrees to give a twenty-four (24) hour advance
notice whenever possible.
17.12
Any employee promoted to the position of ▇▇▇▇▇▇▇, and/or salaried personnel for
a period in excess of forty-five (45) calendar days, shall retain his/her
seniority previously accrued and shall not accumulate seniority during his/her
employment as a ▇▇▇▇▇▇▇ and/or salaried employee. Any employee so promoted who
returns to the bargaining unit during the first forty-five (45) calendar days
of his/her promotion, either voluntarily or at Company request, shall
accumulate seniority during this period of employment as ▇▇▇▇▇▇▇ and/or
salaried employee. Notwithstanding anything herein, any such employee who
remains in such position in excess of six (6) months shall lose all seniority
within the bargaining unit.
17.13
The Union shall have the right to call membership meetings so as to not
interfere with the normal course of business and will so advise the Company as
to times and dates therefore. The Company agrees not to allow any employees to
work during the times these meetings are being conducted, except by agreement
with the Shop Committee.
17.14
In the event it shall be determined in the State of Michigan either by
legislation, law or proclamation to change over the "daylight savings time",
the parties hereto agree to meet for the purpose of negotiating with respect to
any change and adjusting this Agreement, if and where necessary.
17.15
In the event that the Company voluntarily elects to close the Plant, the
management will give the Union ninety (90) days notice.
17.16
Except and to the extent required by applicable law, there shall be no random
drug or alcohol testing nor any drug or alcohol testing of employees without
probable cause.
ARTICLE XVIII
LEADMAN AND LEADWOMAN
18.1
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The Leadman and Leadwoman function as herein provided shall be defined to
include and be limited to the following:
Thus, in order to qualify for and/or continue as a leadperson, such employees
must be a member of the bargaining unit, must be from the area they are to lead
in, and there must be at least four (4) employees (inclusive of the lead
employee) involved in the Agreement. Furthermore, lead employees will be
expected to relay and carry out working instructions and directions from the
Supervisors, and may be required to perform a minimum amount of paper work and
routine record keeping. Working instructions and directions shall not include
assignment of overtime, scheduling of hours, determining rate of pay or other
similar tasks that require the use of sole independent judgement. Nor shall
anything herein provide for such employees the right to hire, fire, take or
cause disciplinary action, nor will such employees take part in the adjustment
of complaints or grievances. Except for time spent performing such lead
functions, such employees are expected to perform their regular work in their
respective jobs. Leadperson and future group instructors shall receive forty
cents ($.40) per hour above their wage rate. Employees no longer required for
leadperson positions due to production changes, lack of work or job status
change will return to their regular rate.
ARTICLE XIX
ALTERATION OF AGREEMENT
19.1
No agreement, alteration, understanding, variation, waiver or modification of
any of the terms or conditions or covenants herein shall be made by any
employee or group of employees with the Company without the sanction and
approval by the Union, and in no case shall modification or amendment be
binding upon the parties hereto unless such Agreement is executed in writing
between the parties and signed by the proper representatives of each party.
In the event that any Article or Section of this Agreement shall be determined
to be or shall become unenforceable at law, all other Articles or Sections not
so invalidated shall remain in full force and effect.
ARTICLE XX
OBLIGATION FOR CONTINUATION OF SERVICE
20.1
The Union agrees that during the life of this Agreement, neither the Union, its
agents, nor its members will authorize, instigate, aid, condone or engage in
any work stoppage, slowdown or strike unless the Company at any time refuses
and/or fails to
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abide by the grievance and/or arbitration provisions, in which event the above
prohibitions shall be inoperable for the duration of any such failure or
refusal. The Company agrees that during the same period, there will be no
lockouts.
Any employee who participates in any such act shall be subject to
discharge or discipline.
ARTICLE XXI
I.A.M. NATIONAL PENSION FUND, NATIONAL PENSION PLAN STANDARD
CONTRACT LANGUAGE
A. The Employer shall contribute to the I.A.M. National Pension Fund,-
National Pension Plan $.85 for each hour.
1/ for which employees in all job classifications covered by this Agreement are
entitled to receive pay under this Agreement 2/ as follows:
$.90 per hour effective March 1, 1997.
B. The Employer shall continue contributions based on a forty (40) hour
week while an employee is off work due to paid vacations or paid
holidays. 3/
C. Contributions for a new, temporary, probationary, part time and full
time employee are payable from the first day of employment. 4/*
D. The I.A.M. Lodge and the Employer adopt and agree to be bound by, and
hereby assent to, the Trust Agreement dated May 1, 1960, as amended,
creating the I.A.M. National Pension Fund and the Plan rules adopted by
the Trustees of the I.A.M. National Pension Fund in establishing and
administering the foregoing Plan pursuant to the said Trust Agreement,
as currently in effect and as the Trust and Plan may be amended from
time to time.
E. The parties acknowledge that the Trustees of the I.A.M. National
Pension Fund may terminate the participation of the employees and the
Employer in the Plan if the successor Collective Bargaining Agreement
fails to renew the provisions of this pension Article or reduces the
contribution rate. The parties may increase the contribution rate
and/or add job classifications or categories of hours for which
contributions are payable.
F. This Article contains the entire Agreement between the parties
regarding pensions and retirement under this Plan and any contrary
provision in this Agreement shall be void. No oral or written
modification of this Agreement shall be binding upon the Trustees of
the I.A.M. National Pension Fund. No grievance procedure, settlement or
arbitration decision with respect to the obligation to contribute shall
be binding upon the Trustees of the said "Pension Fund".
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- END OF STANDARD CONTRACT LANGUAGE -
*4/ The parties have agreed that contributions will begin at the end of the
employee's probationary period, but no later than sixty (60) worked
days after date of hire.
(Please complete Options Section and sign below if the Standard Contract
Language is to be signed as a separate Agreement. If the Language is
included in the Collective Bargaining Agreement, please insert options
where applicable.)
Options:
1/ Trustees' policy requires that all groups entering and continuing
participation shall negotiate either an HOURLY, DAILY or WEEKLY
contribution rate. An HOURLY contribution rate may be negotiated if the
Collective Bargaining Agreement calls for a 40-hour work week. If the
work week is less than 40 hours, a DAILY or WEEKLY contribution rate
should be negotiated. If contributions are on a WEEKLY basis, a
contribution is required for each week in which the employee is
entitled to receive pay on 2 or more days. If contributions are on a
DAILY basis, contributions are required for any day or portion thereof
for which an employee is entitled to receive pay under this Agreement.
2/ The parties may negotiate to limit contributions to a maximum of forty
hours per week for each employee.
Yes X No
----- ------
3/ The parties may negotiate to exclude contributions for sickness and
injury time, Reserve Training Time, jury duty, bereavement pay or lost
time for processing grievances under the Agreement. If contributions
are to be excluded for any time, please specify: Sickness and injury
time
4/ The parties may negotiate that contributions will begin at the
completion of the employees probationary period, but no later than
sixty (60) days worked after date of hire. Yes X No______
Temporary employees may be excluded for a maximum period of ninety
(90) calendar days. Yes X No If yes, for how long? 60 Days
Worked
Local #2184 District #117, I.A.M.
(Insert Name and Number of Lodge)
By Date
------------------------------ ----------------------------
(Authorized Officer and Title)
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Auto-Air Composites, Inc.
(Insert Name of Employer)
▇▇-▇▇▇▇▇▇▇
EMPLOYER'S IRS IDENTIFICATION ▇▇.
▇▇▇▇▇▇▇ ▇.▇. ▇▇▇ ▇▇▇▇▇ - ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
By Date
------------------------------ ----------------------------
(Authorized Officer and Title)
For plants or terminals located at:
▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ - ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
(Street) (City) (State) (Zip)
ARTICLE XXII
PROFIT SHARING PLAN
22.1
Amount to be distributed: Based on profits before corporate income taxes. The
amount distributed shall be ten percent (10%) of profits before corporate
income taxes in excess of an amount equal to three percent (3%) of annual gross
sales.
22.2
Basis for distribution: The total of straight time hours worked, which includes
vacation time taken, of all employees eligible divided into amounts to be
distributed will equal hourly rate. This rate times individuals yearly total
straight time hours, which includes vacation time taken shall equal employees
gross bonus.
22.3
Eligibility: Employees eligible will be those members of the Union in good
standing at the time of contract signing who will qualify as follows:
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(1) Must be a member of the Union in good standing at the beginning of the
fiscal year commencing January 1.
(2) Must work at least 1,500 hours per year.
Under the current yearly program, a Union employee must work 1,500 hours
per year to qualify for the program. Since the program will now have two
(2) payments, the qualification time is simply prorated. E.g., 1,500/12
= 125 hours/months. Therefore, an employee to qualify for the September
payout must have worked 6 x 125 = 750 hours during the January through
June time frame. Similarly, to qualify for the March payout, the
employee must have worked 6 x 125 = 750 hours during the July through
December time frame.
The hours worked must be during the time frame stipulated. No hours
will be carried over from the time frame of payment number one (1) into
the time frame of payment number two (2).
(3) Must be carried on payroll records at close of accounting period.
(4) See paragraph 7 D. Period for computation. Company fiscal year January
1 through December 31.
(5) Verification of amount for distribution: At close of fiscal year ending
December 31, each year a certified public accounting firm audits
Company records. This firm will publish an official letter stating the
total amount to be available for distribution. This letter will be
submitted to the Union on approximately March 15 of each year.
(6) When distributed: The Company will continue to base the profit sharing
bonus on the total year's profit. However, the Company will distribute
the year's bonus in two (2) payments. Payment number one (1) will be
paid by the Company between September 1 and September 15. This payment
will be based on the profits earned from January to approximately June.
This payment will be determined by the Company utilizing the normal
calculation procedure. Payment number two (2) will be paid by the
Company between March 1 and March 15. This payment will be based on the
profits earned from approximately July through December. This payment
will be derived by the Company utilizing the normal calculation
procedure.
(7) General Provisions:
(a) Only straight time hours worked and actual vacation time taken
will be used, not overtime, nor wages. This places all
employees on the same scale.
(b) Holiday hours not included in basic computation.
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(c) Withholding taxes and social security taxes will be deducted
if applicable.
(d) Employees on authorized sick leave, leave of absence or laid
off will be given equivalent straight time hour credit to
qualify under the 750 hours per each six (6) month period;
however, these lost time credits will not be included in the
actual computation for monetary disbursements. Credits will
not be allowed for make-up time because of tardiness and
absenteeism.
(e) The elimination from Article XXII, of Section 22.7(e) will not
alter, change, modify or adversely affect the profit sharing
plan, nor the calculation and/or distribution.
ARTICLE XXIII
COST OF LIVING ALLOWANCE
23.1
In addition to the hourly wage rates of all employees of the Bargaining Unit
and subject to the conditions and provisions set forth in this Article, the
Cost of Living Allowance in effect, if any, shall be paid to such employees
based on changes in the Cost of Living as follows:
The Cost of Living will be determined and redetermined quarterly in
accordance with changes in the revised Index all items large cities
combines (1982-84 = 100) for Urban Wage Earners and Clerical Workers,
published by the Bureau of Labor Statistics, U.S. Department of Labor,
hereinafter referred to as the Index.
A new base will be established by using the CPI published for the month
of January 1996, with the first adjustment due and payable effective
the first payroll period in June 1996, with subsequent adjustments at
quarterly intervals thereafter. The adjustments shall be .01 cent per
month per hour for each .167 change in the Index.
The full Cost of Living Allowance in effect shall be applicable to all
hourly compensation of employees in the Bargaining Unit, except as
agreed to below regarding the cap. In no event will a decline in the
Index allow for a reduction of hourly rates as provided for elsewhere
in this Agreement.
In the event the Bureau of Labor Statistics does not publish the Index
on or before the beginning of the pay periods referred to above, then:
any adjustments required will be made at the beginning of the first
weekly pay period after publication thereof.
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No adjustments, retroactive or otherwise, shall be made due to any
revision which may later be made in any published figures by the Bureau
in the Index for any base month.
In the event the Bureau of Labor Statistics Price Index in its present
form and calculated on the same basis shall be revised therefrom, or
discontinued, the respective parties hereto shall attempt to adjust this
clause, or if agreement is not reached, the parties shall jointly
request the Bureau of Labor Statistics to provide an appropriate
conversion system or table to be used thereafter.
For the first year of this Contract, the Cost of Living Allowance will
be frozen. For each of the final two (2) contract years the Cost of
Living will be capped at twenty-five (25) cents each year for a three
(3) year total of fifty (50) cents. In no case shall the Company pay
out less than (50) cents for the term of this Agreement. Nevertheless,
employees will receive a guaranteed twenty-five (25) cent COLA for each
of the second and third years. If by the start of the fourth (4)
quarter of each of the second and third contract years the twenty-five
(25) cents guaranteed for each year has not been paid out, the
remainder will then be distributed effective the fourth (4) quarter. In
addition, there will be a carry over adjustment that will draw upon the
preceding year's excess cap, if any, due and payable the first quarter
of each year.
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CLASSIFICATIONS AND RATES OF PAY EXHIBIT "A"
EFFECTIVE MARCH 15,1995
WELDING
Welder A $14.86 - $17.36
Welder B 13.25 - 14.66 3 years
Welder C 11.65 - 13.05 3 years
Welder Trainee 10.75 - 11.45 2 years
MACHINIST
Machinist A $14.86 - $17.46
Machinist B 13.25 - 14.66 3 years
Machinist C 11.65 - 13.05 3 years
Machinist Trainee 10.75 - 11.45 2 years
MODEL MAKING
Model Maker A $14.86 - $18.36
Model Maker B 13.25 - 14.66 3 years
Model Maker C 11.65 - 13.05 3 years
Model Maker Trainee 10.75 - 11.45 2 years
MOLD BUILDER & ASSY
Mold Builder A $14.86 - $17.41
Mold Builder B 13.25 - 14.66 3 years
Mold Builder C 11.65 - 13.05 3 years
Mold Builder Trainee 10.75 - 11.45 2 years
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INSPECTOR
Inspector A $14.86 - $17.86
Inspector B 13.25 - 14.66 3 years
Inspector C 11.65 - 13.05 3 years
Inspector Trainee 10.75 - 11.45 2 years
JIG & FIXTURE BUILDER
Jig & Fixture A $14.86 - $17.46
Jig & Fixture B 13.25 - 14.66 3 years
Jig & Fixture C 11.65 - 13.05 3 years
Jig & Fixture Trainee 10.75 - 11.45 2 years
PRODUCTION MOLDER
Production Molder A $13.92 - $15.96
Production Molder B 12.00 - 13.72 3 years
Production Molder C 10.50 - 11.80 3 years
AUTOCLAVE OPERATOR
Autoclave Operator A $13.92 - $15.96
Autoclave Operator B 12.00 - 13.72 3 years
Autoclave Operator C 10.50 - 11.80 3 years
ETCHING
Etching A $13.92 - $15.96
Etching B 12.00 - 13.72 3 years
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Etching C 10.50 - 11.80 3 years
LAB ASSISTANT
Lab Assistant A $13.92 - $15.96
Lab Assistant B 12.00 - 13.72 3 years
Lab Assistant C 10.50 - 11.80 3 years
LAMINATOR
Laminator A $13.92 - $17.41
Laminator B 12.00 - 13.72 3 years
Laminator C 10.50 - 11.80 3 years
MAINTENANCE
Maintenance A $14.86 - $17.46
Maintenance B 13.25 - 14.66 3 years
Maintenance C 11.65 - 13.05 3 years
Maintenance Trainee 10.75 - 11.45 2 years
SHIPPING & RECEIVING
000
Shipping & Receiving A $13.92 - $16.06
Shipping & Receiving B 12.00 - 13.72 3 years
Shipping & Receiving C 10.50 - 11.80 3 years
CRIB ATTENDANT
Crib Attendant A $13.92 - $15.96
Crib Attendant B 12.00 - 13.72 3 years
Crib Attendant C 10.50 - 11.80 3 years
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TRUCK DRIVER $ 7.50 - $11.41 (Subject to paragraph 7 of Exhibit B)
SWEEPER/SHOP JANITOR $ 7.50 - $ 8.84 (Subject to paragraph 7 of Exhibit B)
Assistant Starting $7.50
Union Eligibility Union Membership 6 months
@60th day worked $8.25 $9.00
12 Months 18 Months
Assistant $9.50 Assistant $10.00
Special Trainee $9.75 Special Trainee $10.25
* Bottom of classification will be fixed and will not be modified by
general increase or other rate changes that may occur.
* General wage or other rate increases or adjustments shall be rolled in
to only the top "A" rate for each classification in Exhibit A, and
shall not increase any other rates. All other Exhibit A rates shall be
fixed for the duration of this Agreement.
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EXHIBIT "B"
1. Except as provided otherwise, for the term of this contract, all newly
hired employees will be considered as Assistants in the classification
they are hired into for the first sixty (60) days worked and will be
paid a starting rate of $7.50 per hour during said period.
2. After successful completion of the 60th work day probationary period,
the employee's title will be changed from Assistant to reflect the
classification in which they are employed. Current General Laborer
and/or Assistant employees will, effective the first Monday following
ratification of the New Agreement, be classified as to the job
classification they have been working in or as otherwise agreed to by
the parties.
3. All such employees will have job bidding rights after one (1 ) year as
members of the bargaining unit, and if awarded a job under the bidding
or training procedure, will no longer be subject to the progression
system contained herein, and will progress to the respective bid
classification rate(s) in accordance with the provisions of Exhibit "A"
with credit given for time spent in their grade level, if any.
4. After completion of the progression period provided for below, such
employee(s) who have not bid out of their Assistant classification will
be moved upward through the classification to the appropriate grade
levels as defined under Exhibit "A".
5. Any employee hired hereunder, or currently holding a classification
containing a training level, will be advanced to the minimum of said
level at the conclusion of one (1) year as a member of the bargaining
unit in accordance with the Special Trainee rates established in
Exhibit "A" and progress upwards accordingly. In addition, all current
trainees will be credited with all time so spent towards progression in
their respective classification.
It's further agreed that any employee in a classification containing a
training level who has between twelve (12) and/or twenty-four (24)
months of seniority will, as provided for herein, be paid a "Special
Trainee" rate of twenty-five (25) cents per hour added to the assistant
wage rates, until the conclusion of the employee's first twenty-four
(24) months of seniority. The Special Trainee rate shall supersede any
other contract rate during this period. Following the first
twenty-four (24) months the employee shall assume the minimum
applicable trainee rate for the classification. Such employees shall
be given credit for all time in excess of twelve (12) months toward
training.
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6. All such employees referred to herein shall receive all general wage
increases that occur on or after their date of hire. All such
employees shall receive all cost-of-living adjustments that occur on or
after their date of hire.
All such employees will be subject to the merit progression program
after they have completed their probationary period and joined the
Union.
7. In no event will an employee's rate of pay be reduced as a result of
this progression program and current trainees and assistants will
continue to progress accordingly.
PROGRESSION RATES OF PAY
First sixty (60) days of work $7.50
Completion of probation & joining the Union $8.25
Six (6) months after joining the Union $9.00
Twelve (12) months after joining the Union $9.50
Eighteen (18) months after joining the Union $10.00
Twenty-two (22) months after joining the Union class/min.
8. It's agreed that new employees hired hereunder that are "qualified" for
the job into which they are hired, may be advanced more rapidly and/or
be paid a higher starting rate where in cases their on-the-job skills
demonstrate such an increase is warranted.
The following general wage increases shall become effective as stated
during the term of this Agreement.
Effective March 15, 1996 .15 per hour
Effective March 15, 1997 .15 per hour
MERIT PROGRESSION
The merit review system will be established to reward those employees who
clearly demonstrate the dedication and ability to perform the skills required
for their respective classifications. Each employee will be provided with the
skill requirements for each classification and grade level. The Company will
encourage and promote employee improvement through education and on-the-job
training. It is the intent and purpose of this merit program to upgrade
employees who are below maximum rate. The Company will not act in an arbitrary
or discriminatory manner in the application of this merit program.
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(a) All employees will be reviewed every six (6) months. The purpose of
this program shall be to formally review in writing each employee's
progress in their achievement of:
1. Quantity of work.
2. Quality of work.
3. Attendance record.
4. Accuracy and promptness in keeping work related job forms and
time tickets.
5. Cooperation and reliability.
(b) The employee and his/her supervisor will set future objectives to be
completed or have progress on within the next six (6) month period.
(c) Employee will provide feedback or suggestions to improve their ability
to work together and to improve overall plant efficiency.
(d) The employee who disagrees with his/her evaluation may ask to be
reviewed jointly by the supervisor and his/her area committeeperson.
(e) The attached Exhibit "C" will be the evaluation form utilized for all
reviews. (use current form)
(f) All employees whose rate of pay is less than maximum for his or her job
classification progression level shall be eligible for a merit increase
of .10 to .20 cents per review in accordance with subparagraphs (h) and
(i) in this section. An employee whose merit increase advances him/her
to the top of his/her progression level (i.e., A, B, C or Trainee under
Exhibit "A") is not eligible for further merit increases until the time
period requirement in his/her progression level has been satisfied and
the employee is advanced to the next progression level.
(1) The score on the review will be 5 points to be entitled for
.10 cents.
(2) 8 points to 11 points will be the range for .15 cents.
(3) 12 points and above will be the range for .20 cents.
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(4) The employee must score at least one (1) point on each of the
first four (4) objectives to be eligible for a merit increase.
If the employee does not score a point on the fifth (5th)
objective, he/she shall receive fifty percent (50%) of the
calculated increase.
(g) Employees receiving four (4) or less will be reviewed every three (3)
months until performance improves. The supervisor and one (1) committee
member will review this employee's progress with the employee affected.
(h) For the term of this Agreement, the merit increases will be capped at
twenty-five (25) cents per year, for a total of seventy-five (75) cents
except as provided in subparagraph (i). This cap will be the most any
employee subject to merit reviews will be allowed for any one (1)
contract year period.
(i) For the term of this Agreement, employees within the "A" progression
level of a job classification shall, while within that classification,
be eligible for a thirty-five (35) cent maximum merit increase per year
for a total of $1.05 (maintaining the present maximum of twenty (20)
cents per review).
(j) To be eligible for a merit increase an employee must work a minimum of
sixty (60) days in the six (6) month merit review period, and must
maintain 39.2 hours per week average minimum attendance (as computed
according to the Attendance Policy) during the merit review period.
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ARTICLE XXIV
DURATION AND TERM OF AGREEMENT
24.1
This Agreement signed this 15th day of March, 1995, shall be effective from the
date of execution and shall remain in force and effect until midnight March 15,
1998. At the end of said period and at the end of each yearly period
thereafter, this Agreement shall be renewed automatically for periods of one
(1) year, unless either party gives written notice to the other party of its
desire to modify, amend, or terminate the Agreement, at least sixty (60) days
prior to the expiration date or yearly anniversary date that the Agreement will
terminate.
SIGNED FOR THE COMPANY
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇
--------------------------------------------------------------------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇, General Manager, Auto-Air Composites, Inc.
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
--------------------------------------------------------------------------------
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Senior Director FAA Overhaul & Repair Auto-Air Composites,
Inc.
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
--------------------------------------------------------------------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇,
Director of Personnel, Auto-Air Composites, Inc.
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ 7/27/95
--------------------------------------------------------------------------------
▇▇▇▇▇ ▇▇▇▇▇▇▇, Attorney, Auto-Air Composites, Inc.
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SIGNED FOR THE UNION, LOCAL LODGE 2184
/s/ ▇▇▇▇▇ ▇▇▇▇▇▇
--------------------------------------------------------------------------------
▇▇▇▇▇ ▇. ▇▇▇▇▇▇, DBR
/s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
--------------------------------------------------------------------------------
▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Local President
/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
--------------------------------------------------------------------------------
▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Committee Chairperson
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
--------------------------------------------------------------------------------
▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Committeeperson
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇
--------------------------------------------------------------------------------
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Committeeperson
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
--------------------------------------------------------------------------------
▇▇▇▇▇ ▇. ▇▇▇▇▇, Committeeperson
I. LETTER OF UNDERSTANDING
It is agreed that if the Company should, in the future, seek to institute an
apprenticeship program, the parties hereto will negotiate an apprenticeship
agreement which recognizes and includes the Federal Apprenticeship Standards.
When the Apprenticeship Agreement has been negotiated and agreed to by the
parties, it shall be attached hereto and made a part of this Agreement.
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II. LETTER OF UNDERSTANDING
The attendance policy will remain in full force and effect for the duration of
this contact unless changed by mutual agreement of the parties.
III. LETTER OF UNDERSTANDING
It's understood and agreed that no employee shall suffer a reduction and/or a
set-back in his/her hourly rate or progression thereof, as a result of the
creation of any new or changed job classification as provided under Exhibit
"A".
It's further understood and agreed that where an employee has met or exceeded
the specified time period for moving from one pay level to another within
his/her classification, they shall be advanced accordingly.
Red Line Rated employees, i.e., those employees currently six (6) in number,
shall continue to receive such hourly rates, plus all applicable increases such
as cost-of-living, general wage increases, and if applicable, merit increases
etc., until such time they shall voluntarily leave their current respective
classification on a permanent basis. In such event, they shall assume the
applicable rate of their new classification accordingly.
IV. LETTER OF UNDERSTANDING
It is agreed that except and to the extent modified and/or amended, all other
terms, provisions, conditions and agreements expressed or in effect shall remain
in full force and effect, as is, for the duration of the 1995 Agreement between
the parties.
V. MEMORANDUM OF AGREEMENT
SUBJECT: Criteria re: Temporary Transfer for Overtime Eligibility Purposes:
The Union and Management hereby agree to administer the allocation of overtime
for temporarily transferred employees as follows:
The following two (2) conditions regarding the application of overtime for
temporary transferred employees shall be applied, thus:
1. For those employees transferred to a classification for a period
greater than thirty (30) calendar days.
1.A. All employees transferred to a classification for a period
greater than thirty (30) calendar days shall become eligible
for overtime assignments within the respective
classifications.
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2. For those employees transferred to a specific job within a
classification for a period greater than seven (7) days worked, but
less than thirty (30) calendar days.
2.A. Employees transferred to a specific job outside their
respective classification shall not be eligible for overtime
assignments on such specific job for seven (7) days worked
unless all other employees within the classification have been
asked or are working overtime. In such case the employee shall
be eligible for the overtime assignment. Thereafter the
employee shall be eligible for overtime assignments in
accordance with paragraph 1 and 2 above. It is understood that
the seven (7) days worked prerequisite applies to each specific
job assignment.
Both 1A and 2A shall be subject to the following:
A. This application of overtime will only pertain to temporary transfers
as above provided.
B. This Agreement shall be subject to all other provisions of the
Contract, Article IX, inclusive.
C. All employees who are currently transferred shall receive credit for
time served in respective classification.
D. An employee shall not receive credit towards the thirty (30) days for
vacation, leave of absence, absenteeism, sick leave or lay-off.
E. A separation from the job or classification, to which transferred,
whichever the case may be, of more than thirty (30) calendar days in
the case of the seven (7) day period, and ninety (90) calendar days in
the case of the thirty (30) day period, will require a new 7 or 30 day
qualifying event.
VI. MEMORANDUM OF AGREEMENT
DRUG AND ALCOHOL TESTING
Section 1. No drug or alcohol test will be required absent "probable
cause," which is defined as when a qualified management person
has observed and can substantiate specific behavioral,
performance, or contemporaneous physical indicators of drug
and/or alcohol use.
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Section 2. In the event a properly tested employee tests positive to job
impairment for alcohol (0.04% blood alcohol level) or tests
positive to job impairment for the existence of illegal drugs
or controlled substances (e.g., marijuana, cocaine,
phencyclidine, opiates, amphetamines, etc.), the employee is
subject to the following measures:
First Positive Test. Referral to and must successfully complete the
treatment prescribed by a trained substance abuse professional.
An employee who successfully completes treatment prescribed by a
trained substance abuse professional may return to work upon
presentation of proof of the completion of all requirements of that
program. An employee who has a recommendation from such professional
to return to work while continuing to undergo prescribed treatment may
return to work by agreeing in writing to follow and complete the
prescribed treatment, as incorporated in a Memorandum of Agreement
between all parties.
An employee who refuses to enter or complete prescribed treatment
except for good cause shall be subject to immediate dismissal.
Second Positive Test. A second positive test pursuant hereto within
five (5) years shall result in immediate discipline up to and including
dismissal.
Section 3. Employees required to take a drug or alcohol test will be paid
for all time lost from work directly attributable to
collection of the test sample.
Section 4. Test results will be disclosed only to necessary management
personnel and the Union Shop Chairman and International
Representative, and to any necessary other persons on a need
to know basis. Test results will be maintained in a
confidential file separate from an employee's personnel file.
Section 5. This Memorandum of Understanding shall not reduce the rights
of the Company, the Union, or the employee, regarding any
testing or related procedures required by or pursuant to law
or regulation.
VII. MEMORANDUM OF AGREEMENT
Employees who have to travel away from home overnight or for extended periods
of time to perform work for Auto-Air shall be compensated for time and expense
as follows:
For traveling, the expenses of airfare and other transportation shall be paid
for by the Company. Where an employee elects to use their own vehicle, the
employee shall be compensated at the rate of twenty eight (28) cents per mile.
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For lodging, arrangements for lodging shall be made by the Company. Auto-Air
will pay the usual and customary expenses for hotels and motels.
For expenses, employees shall be reimbursed against receipts. These expenses
for meals and/or other sundry expenses should not normally exceed twenty-five
($25) dollars per day. For accounting purposes, employees shall retain
receipts from the trips and submit the receipts to accounting upon returning to
Auto-Air.
For time keeping, employees shall give a detailed description on their time
tickets of the hours spent in flight, awaiting connections, in transit to the
airport or home, or directly engaged in work.
Rate of compensation for all travel time connected to travel away from home
overnight shall be paid at the employee's normal straight time rate.
The Company agrees to allocate such travel time as equitably as affected
employees skills permit, consistent with the needs of the job requirement.
ATTACHMENT I
AUTO-AIR COMPOSITES, INC.
401 K EMPLOYEE SAVINGS AND INVESTMENT PLAN
SUMMARY DESCRIPTION
401K Employee Savings and Investment Plan provides a way for you to save for
your future financial security while at the same time enjoying significant tax
advantages:
Subject to applicable law, as a participant in this plan, if you elect to join:
* You will save for your future through convenient salary reductions.
* You will obtain an immediate tax benefit on the money you contribute to
the plan.
* You will be able to start saving with as little as two (2%) percent of
your pay or as much as fifteen (15%) percent of your pay, but no more
than $8,728.00 in any one year.
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* Your account balance will be invested for future growth, according to
your choice from the plan's three investment funds. Allocations to a
particular fund shall be zero (0%) percent, twenty-five (25%) percent,
fifty (50%) percent, seventy-five (75%) percent or one hundred (100%)
percent of such contributions.
* Earnings on your investment will grow tax free.
* You will be able to borrow from your plan account balance.
* You may be eligible for favorable tax treatment when you receive a
distribution from the Plan.
* Your account balance is payable to you when you leave the Company for
any reason, or to your beneficiary in case of your death.
* Participants Elective Deferral Account shall be one hundred (100%)
percent vested and nonforfeitable at all times.
* With written consent of spouse, a participant may elect to withdraw up
to an amount equal to the balance credited to their account.
Withdrawals for this purpose are to meet immediate and significant
financial hardship.
* An employee may elect to drop from the Plan at any time.
* The Plan shall not be amended, terminated or modified except as
required by law during the term of this Agreement.
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EMPLOYEE PERFORMANCE APPRAISAL
EMPLOYEE NAME:
------------------------------------------------------------------
CLASSIFICATION:
-----------------------------------------------------------------
PERIOD COVERED:
-----------------------------------------------------------------
DATE:
---------------------------------------------------------------------------
1. QUANTITY OF WORK:
O 1 2 3
Unsatisfactory Satisfactory Good Excellent
---------
2. QUALITY OF WORK:
O 1 2 3
Unsatisfactory Satisfactory Good Excellent
---------
3. ATTENDANCE RECORD:
O 1 2 3
Unsatisfactory Satisfactory Good Excellent
O - 39.19 39.20 - 39.60 39.61 - 39.80 39.81 - 40.0
---------
4. ACCURACY AND PROMPTNESS IN KEEPING WORK RELATED JOB FORMS AND TIME
TICKETS:
O 1 2 3
Unsatisfactory Satisfactory Good Excellent
---------
5. COOPERATION AND RELIABILITY:
O 1 2 3
Unsatisfactory Satisfactory Good Excellent
---------
Total Points
---------
MERIT INCREASE APPROVED: Yes No
------ -------
SUPERVISOR:
---------------------
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NEW ATTENDANCE POLICY EFFECTIVE APRIL 1, 1992
ATTENDANCE POLICY - HOURLY EMPLOYEES
PURPOSE: To establish and maintain an equitable policy to ensure an efficient
operation.
1. General Policy
2. Perfect Attendance
3. Excused & Unexcused Absences
4. Call-In Policy
5. Make-Up Policy
1. STATEMENT & POLICY
It is the policy of the Company to encourage habits of good attendance
and punctuality on the part of its employees. Management recognizes
that circumstances beyond an employees' control may cause him/her to be
absent from work for all or part of a day. However, unauthorized
absence or excessive tardiness cost us all money and will not be
tolerated. The established work day shall consist of eight (8) hours
and the established work week shall consist of five (5) eight (8) hour
days, Monday through Friday inclusive (page 18, Section 9.1 of
Contract). Therefore, effective February 1, 1988, the Company affirms
its 40 HOUR WORK WEEK POLICY.
2. PERFECT ATTENDANCE TIME (▇.▇.▇.)
Any employee who works a perfect 40 hour work week will earn (2.0)
hours per each perfect work week to be used throughout the calendar
year. Employees will be permitted to accumulate up to a maximum of 104
hours to use or be paid for at the end of a quarter or calendar year
subject to paragraph F below. This earned time must be used at a
minimum of one hour increments prior to the end of the first quarter of
the following calendar year, effective with the beginning of the 1995
calendar year.
3. EXCUSED ABSENCES
A. EXCUSED ABSENCES FOR THE WEEKLY AVERAGE AND FOR EARNING ▇.▇.▇.
Paid holidays in accordance with Paragraph 11.1 of the Agreement.
Paid funeral in accordance with Paragraph 16 of the Agreement.
Paid vacation time.
Paid jury duty.
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Union business for conferences and education.
Attending classes at the request of and approved by the Company.
*The employee must provide proof and will be excused only for
the time compensated by the court. The employee will be
expected to return to work within a reasonable time (1 to 1 1/2
hrs.) if excused for the day, from jury duty.
B. EXCUSED ABSENCE FOR WEEKLY AVERAGE
These absences will not earn ▇.▇.▇. and will not be charged with earned
▇.▇.▇.:
- Lack of work and being sent home by the Company.
- Personal leave of absence.
- Approved excused absences for attending classes other than
those referenced in subparagraph A, above.
- Military service, supported by verification.
- Court appearances supported by written verification from the
court.
- Leaving two (2) hours early before a holiday.
- Industrial injuries/illness.
- A family related emergency or an urgent or compelling
circumstance shall be excused if proof of such is turned in
within two (2) days after the employee has returned to work.
- Disciplinary suspension.
- Illness/injury disability of the employee only must be
supported by a doctor's certificate stating the disability
dates, that the employee was disabled for a partial or whole
day due to illness or injury, and must be turned in the day
returning, to be excused. Employees with a bona fide pattern
of chronic absenteeism will also be required to furnish the
Company with a diagnosis on the medical excuse.
- Paternity leave for birth or adoption limited to two (2) days.
- Unpaid funeral leave limited to one (1) day.
- Necessary travel time for paid or unpaid funeral leave.
C. EXCUSED ABSENCE(S) FOR WEEKLY AVERAGE
These absence(s) will not earn ▇.▇.▇. and shall automatically be
charged with ▇.▇.▇. accrued to the date of the absence:
Appointments for self or family where the employee misses a
partial or full day of work. Unexcused Hours (including
unexcused leaving early).
If no ▇.▇.▇. is available, the unexcused absence shall be subject to
the attendance policy.
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D. Earned ▇.▇.▇. shall not be charged to designated absences in Paragraph
A & B of this section or tardies as defined in 5.A. Earned ▇.▇.▇. in
hourly increments shall automatically be deducted from the designated
absences in Paragraph 3.C.
Employees with sufficient ▇.▇.▇. to cover designated absences in
Paragraph 3.C will not be expected to furnish verification. These
▇.▇.▇. hours shall be used for all necessary appointments.
E. Although no proof is necessary to take this time off, an employee MUST
let his/her supervisor know at least four (4) hours in advance except
for reasons beyond the employee's control (or as otherwise excused by
the supervisor) that he/she will be leaving for whatever time is
necessary for a certain day. If the supervisor is not notified IN
ADVANCE, except as provided above, this time off will be considered
UNEXCUSED and the employee will be charged with double the hours of
▇.▇.▇. with a minimum of four (4) to a maximum of eight (8).
An employee who leaves early with notification who has insufficient
▇.▇.▇. to cover all the unexcused absence shall be charged to the
extent of the unexcused absence time, but not a tardy.
An employee who leaves early without notification who has insufficient
▇.▇.▇. to cover all the unexcused absence shall be charged to the
extent of the unexcused absence time or a tardy, but not both.
F. Those employees who have achieved perfect attendance for an entire
quarter and have not used ANY of their ▇.▇.▇. during that quarter may
elect to be paid 10 hours at their present rate of pay and lose
twenty-six (26) hours of ▇.▇.▇. Employees who do not have perfect
attendance for the quarter and employees with perfect attendance who
elect not to be paid shall carry over their ▇.▇.▇. time into the next
quarter. Only perfect attendance quarters shall be eligible for
payment.
G. Employees experiencing bona fide chronic absenteeism may receive
disciplinary action pursuant to the attendance policy. Any such action
shall be subject to Article VI, Policy Grievances section "sufficient
and just cause" in the Agreement.
H. Time off related to long term disability will be excused due to the
fact that it is part of the paid disability. This time is excused for
the weekly attendance average but will not count toward perfect
attendance. Education (except as provided by 3.A above) and medical
leaves of absence will also not be allowed time toward perfect
attendance although it will be considered excused for the weekly
attendance average in accordance with Paragraph 3.B.
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I. No absence is automatically considered to be "excused" except those as
stated above and in the contract.
J. P.A.T. accumulates from the hire-in date. However, an employee is not
eligible to use any ▇.▇.▇. until he/she has joined the Union.
K. Once an employee agrees to work overtime pursuant to paragraph 9.6 of
the Contract, that employee may not use ▇.▇.▇. for the unexcused
scheduled overtime hours not worked.
4. CALLED IN ABSENCE OR TARDINESS
Employees shall call the automatic answering machine during the first
hour of the work day when they are going to be absent. THE TELEPHONE
NUMBER TO CALL IS: ▇▇▇-▇▇▇▇. When you call in, state your name, the
reason for your tardiness or absence and state if you plan on using
earned time for this particular situation. Failure to call in with
this information will count as unexcused time. You will not be able to
use earned time unless advance notice is given. A call-in will count
as advance notice if the correct procedure is followed.
Employees who for any reason will be delayed in reporting for work more
than a few minutes are required to call their supervisor to explain the
circumstances. Employees who DO NOT report for work and have not
called in within 60 minutes of their shift time to notify the Company
of their tardiness and/or absence will be considered tardy pursuant to
5.A.
Employees whose duties do not require them to leave the building in
which they work must NOTIFY their supervisor in order to leave the
Company during work hours except for scheduled lunch breaks.
5. REGULAR WORK HOURS
A. Employees shall not be permitted to work any period of time beyond the
normal quitting or starting time for the purpose of making up time lost
due to tardiness or unauthorized absence.
If an employee is tardy, he/she cannot work past the normal eight (8)
hour shift time just for the purpose of making up time lost due to
being tardy. If such an employee is on authorized overtime, he/she may
work up until the end of the shift for the scheduled overtime.
However, this employee is docked on overtime and is considered late on
his/her attendance record. A tardy is defined as being late for work
within the first sixty (60) minutes after the scheduled starting time,
or failure to clock in on arrival or clock out when leaving the
premises. Continued unexcused absence beginning with the second hour
will be handled pursuant to Paragraph 3.C.
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B. The minimum acceptable attendance is 98% per week (39.2 hours/week).
If an employee has unexcused cumulative absences in excess of 6.4 hours
in any eight (8) week period, which are not chargeable to ▇.▇.▇.,
disciplinary action will be taken. The maximum acceptable number of
times tardy in any eight (8) week period is four (4) times tardy. Any
eight (8) week period is considered the last eight (8) weeks on a
constant running basis. Anything below this acceptable percentage or
above the number of tardies will result in disciplinary action. All
employees are expected to keep track of their own time. Thereafter,
earned time will be posted on a monthly basis the first week following
the end of the month. However, when earned time is used, the
individual employee must fill out a Perfect Attendance Hours Request
form and will receive a copy of remaining hours available to him/her.
C. PROBATIONARY PERIOD
If an employee is written up due to tardiness and/or absenteeism the
policy of a ten (10) month/four (4) week probation remains effective.
This period will be a running four week period. During each running
four (4) week period during the ten month probation period, the
employee must maintain a 39.2 hour/week average and not be absent in
excess of 3.2 hours or more unexcused and not chargeable to ▇.▇.▇.
during any four (4) week running period. The maximum acceptable number
of times tardy in any four (4) week running period shall be two times.
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GRACE PERIOD - EFFECTIVE SEPTEMBER 26, 1988
A grace period for punching the time clock has been established. The grace
period will be available:
1. When punching in at the beginning of your shift,
OR
2. When punching in after lunch.
The grace period can be used either at the start of a shift or after lunch, but
cannot be used on the same day for both. THE GRACE PERIOD CANNOT BE SPLIT OR
SAVED.
An example for shifts beginning at 6:30 a.m.: Start time registers on the time
card as 6:50. Under the grace period, you will not be penalized for your
tardiness until the elapsed time on your time card registers 6:56 or more. At
6:56, the time is at least thirty three minutes and thirty-six seconds past the
hour.
Also, for the 6:30 a.m. to 3:00 p.m. shift's lunch period, you will not be
penalized for tardiness until the registered time on your time card reads
12:14, the time is at least eight minutes and thirty-six seconds past the hour.
There is no grace period for punching out early prior to your lunch period or
at the end of your shift. If any of these incidents occur, you will be docked.
The Company and the Union have endorsed this policy. The Company and the Union
also request that the policy not be abused.
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ADDITION TO GRACE PERIOD - EFFECTIVE MARCH 15, 1992
The grace period shall not be used more than one (1) time per
week. Additional late punches will be treated as tardies.
The Company and the Union have endorsed this policy.
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