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Exhibit 10.19
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A G R E E M E N T
-----------------
Between
HEALTH-0-METER, INC.
And
MANUFACTURING, PRODUCTION AND SERVICE
WORKERS UNION, LOCAL NO. 24, AFL-CIO
November 14, 1994
Through
November 13, 1997
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TABLE OF CONTENTS
PAGE
----
ARTICLE I - Recognition and Union Security............................. 1
Section 1.1 Recognition in Bargaining Unit................. 1
Section 1.2 Union Security................................. 1
Section 1.3 Checkoff....................................... 1
Section 1.4 Indemnification................................ 2
ARTICLE II - Management Rights...................................... 2
ARTICLE III - No-Strike, No Lockout................................. 2
Section 3.1 No Strike...................................... 2
Section 3.2 Union Responsibility........................... 3
Section 3.3 No Lockout..................................... 4
ARTICLE IV - Hours of Work............................................. 4
Section 4.1 Workday and Workweek........................... 4
Section 4.2 Normal Hours................................... 4
Section 4.3 Overtime....................................... 4
Section 4.4 Assignment of Overtime......................... 4
Section 4.5 Reporting Pay.................................. 5
Section 4.6 Call-In Pay.................................... 5
Section 4.7 Rest Periods................................... 6
ARTICLE V - Holidays................................................... 6
Section 5.1 Recognized Holidays............................ 6
Section 5.2 Computation of Holiday Pay..................... 7
Section 5.3 Eligibility.................................... 7
Section 5.4 Pay For Holidays Worked........................ 8
Section 5.5 Holidays observed During Vacation.............. 8
Section 5.6 Personal Day................................... 8
ARTICLE VI - Vacations................................................. 9
Section 6.1 Eligibility.................................... 9
Section 6.2 Computation of Vacation Pay.................... 9
Section 6.3 Vacation Bonus................................. 10
Section 6.4 Scheduling of Vacations........................ 10
Section 6.5 Terminated Employees........................... ▇▇
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▇▇▇▇▇▇▇ ▇▇▇ - ▇▇▇▇▇▇▇▇▇ Procedure and Arbitration...................... 10
Section 7.1 Grievances..................................... 10
Section 7.2 First Step..................................... 11
Section 7.3 Second Step.................................... 11
Section 7.4 Third Step..................................... 11
Section 7.5 Arbitration.................................... 11
Section 7.6 Authority of Arbitrator........................ 12
Section 7.7 Time Limits.................................... 13
Section 7.8 Pay For Meetings With Management .............. 13
Section 7.9 Waiver......................................... 13
Section 7.10 Work Stoppage Arbitration...................... 13
ARTICLE VIII - Leave of Absence........................................ 13
Section 8.1 Military Leave................................. 13
Section 8.2 Medical and Personal Leave..................... 14
Section 8.3 Maternity Leave................................ 14
Section 8.4 Union Leave.................................... 14
ARTICLE IX - Seniority................................................. 14
Section 9.1 Definition..................................... 14
Section 9.2 Probationary Period............................ 14
Section 9.3 Continued Accumulation......................... 14
Section 9.4 Reduction-in Force, Layoff &
Recall......................................... 15
Section 9.5 Temporary Layoffs.............................. 15
Section 9.6 Job Posting.................................... 16
Section 9.7 Termination of Seniority....................... 17
Section 9.8 Seniority Lists................................ 18
Section 9.9 Superseniority................................. 18
ARTICLE X - Miscellaneous.............................................. 18
Section 10.1 Jury Pay....................................... 18
Section 10.2 Injury on the Job.............................. 18
Section 10.3 Funeral Pay.................................... 18
Section 10.4 Safety Committee............................... 18
Section 10.5 Movement of Facility........................... 19
Section 10.6 Distribution of Paychecks...................... 19
Section 10.7 Supervisors Working............................ 19
Section 10.8 Pay Telephone.................................. 19
Section 10.9 First Aid Certification........................ 19
Section 10.10 First Aid Kits................................. 19
Section 10.11 Disciplinary Warning Slips..................... 19
Section 10.12 Incentive Committee............................ 19
Section 10.13 Uniforms....................................... 19
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ARTICLE XI - Wages..................................................... 20
Section 11.1 Regular Wage Rates.............................. 20
Section 11.2 Cost of Living Adjustment....................... 20
Section 11.3 Completion of Probationary Period............... 20
Section 11.4 Wage Rates Effective November 14, 1994.......... 20
Section 11.5 Wage Rates Effective November 20, 1995.......... 22
Section 11.6 Wage Rates Effective November 18, 1996.......... 23
Section 11.7 Daywork Job Classification...................... 24
Section 11.8 Piecework Job Classification.................... 25
Section 11.9 Employee Classification Plan
For Daywork Employees........................... 25
Section 11.10 Employee Classification Plan
For Piecework Employees......................... 26
Section 11.11 Daywork Wage Payment Plan....................... 27
Section 11.12 Piecework Wage Payment Plan..................... 29
Section 11.13 Notice of Rates................................. 36
ARTICLE XII - Insurance ............................................... 36
Section 12.1 Agreement to Contribute......................... 36
Section 12.2 Initial Contribution............................ 36
Section 12.3 Succeeding Contributions........................ 37
Section 12.4 Purposes........................................ 37
Section 12.5 Irrevocable Trust............................... 37
Section 12.6 Representation as to Lawfulness
and Qualification............................... 37
Section 12.7 Joint Administration............................ 37
Section 12.8 Authority of Trustees........................... 37
Section 12.9 Employer Payments............................... 38
Section 12.10 Delinquencies................................... 38
Section 12.11 Corrections of Erroneous Contributions.......... 39
Section 12.12 Supplemental Coverage........................... 39
Section 12.13 Claims Information.............................. 39
ARTICLE XIII - Pension Plan............................................ 40
ARTICLE XIV - Waiver and Entire Agreement.............................. 40
ARTICLE XV - Duration of Agreement..................................... 40
EXHIBIT A - Job Posting Form........................................... 42
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A G R E E M E N T
This AGREEMENT is entered into as of the 14th day of November,
1994 between HEALTH-O-METER, INC. (hereinafter referred to as the "Company") and
MANUFACTURING, PRODUCTION AND SERVICE WORKERS UNION, LOCAL NO. 24, AFL-CIO
(hereinafter referred to as the "Union").
WHEREAS, the parties desire to set forth herein their entire
agreement covering rates of pay, wages, hours and other conditions of employment
to be observed by the parties hereto; to secure the efficient and profitable
operation of the company; to secure and sustain maximum productivity of each
employee by this Agreement; and to provide the procedure for the prompt and
peaceful settlement of grievances which may arise between the Company and its
employees or the Union;
NOW THEREFORE, it is agreed as follows:
ARTICLE I
RECOGNITION AND UNION SECURITY
SECTION 1.1. RECOGNITION IN BARGAINING UNIT. The company
recognizes the Union as the sole and exclusive bargaining agency with respect to
rates of pay, hours of work, and other terms and conditions of employment, for
all regular production and maintenance employees, excluding office clericals,,
professionals, technical employees, truck drivers, temporary and casual
employees, supervisors and guards as defined in the National Labor Relations
Act. This recognition is given by the Company pursuant to its obligation under
the National Labor Relations Act and nothing in this clause shall be deemed as a
guarantee of or obligation to continue operations or any portion thereof or as a
guarantee of employment to any employee.
SECTION 1.2. UNION SECURITY. All Employees must as a condition
of employment become and remain members of the Union in good standing Forty-five
(45) days after the effective date of this agreement or upon completion of their
probationary period as provided in Section 9.2 of this agreement, whichever is
later.
SECTION 1.3. CHECKOFF. Upon receipt of a lawfully executed
written authorization from an employee, the Company agrees to deduct the
initiation fees and the regular union monthly membership dues of such employee
from the employee's first pay received each month and to remit such deduction
within ten (10) days to the official designated by the Union in writing to
receive such deductions. Such deduction authorization shall be revocable in the
manner provided by law. The Union will notify the Company in writing of the
exact amount of such regular membership dues to be deducted. The Union will
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notify the Company in writing of the exact amount of such regular membership
dues to be deducted. The Union will refund to the Company or the employee any
dues which may erroneously be deducted or any monies which may erroneously be
remitted to the Union.
SECTION 1.4. INDEMNIFICATION. The Union agrees to indemnify and
hold the Company harmless against any and all claims, suits, orders or
judgments, brought or issued against the Company as a result of any action taken
or not taken by the Company under the provisions of this Article.
ARTICLE II
MANAGEMENT RIGHTS
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Except as specifically limited by the express language of other
provisions of this Agreement, all functions of management of the enterprise
shall be retained by the management of the Company. The functions listed in this
Article are illustrations of the rights retained by the Company and are not
intended as an all-inclusive list. The management of the manufacturing
operations; methods of production; the determination of the means and places of
production or manufacturing; the direction of the work force, including but not
limited to, the right to direct and control all the operations or services to be
performed in or at the plant or by the employees of the Company; to decide what
work, products, components or services shall be performed in or made in the
plant or by employees of the Company; to schedule working hours; to hire; to
promote, demote, and transfer for legitimate cause; to suspend, discipline, and
discharge for cause; to relieve employees because of lack of work or other
legitimate reasons; to make and enforce reasonable shop rules and regulations;
to establish reasonable production standards and reasonable rates for new or
changed jobs; to introduce new and improved methods, materials, equipment or
facilities; to change or eliminate existing methods, materials, equipment or
facilities, are among the rights vested exclusively in management.
ARTICLE III
NO-STRIKE, NO-LOCKOUT
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SECTION 3.1. NO STRIKE. During the term of this Agreement the
grievance machinery of this Agreement and the administrative and judicial
remedies and procedures provided by statute shall be the sole and exclusive
means of settling any dispute between the employees and/or the Union and the
Company whether relating to the application of this Agreement, economic matters,
or otherwise. Accordingly, neither the Union nor the
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employees will instigate, promote, sponsor, engage in or condone any strike,
slow-down, picketing, concerted stoppage of work or any other intentional
interruption of production. The Company shall have the right to discharge or
otherwise discipline any employee (and such discipline need not be uniform) who
violates the provisions of the foregoing sentence and in the event a grievance
is filed, the sole question for arbitration shall be whether the employee
engaged in the prohibited activity.
A threat to commit any of the above acts shall be considered a
violation of this Article.
SECTION 3.2. UNION RESPONSIBILITY. In the event that any
employee or group of employees covered by this Agreement shall, during its term,
participate or engage in any of the activities herein prohibited, the Union
agrees, immediately upon being notified by the Company, to direct such employee
or group of employees to cease such activity and resume work at once. This
requirement will be deemed satisfied if the Union takes the following steps:
(1) Post signed copies of the following notice on the designated
bulletin boards:
"Employees of Health-o-meter":
We have been advised by the Company that acts
interfering with production which are prohibited by our
collective bargaining agreement have occurred. If you are
engaging in or have engaged in such activity, you are hereby
officially instructed to cease participation immediately and
resume normal operations. Your failure to resume normal
operations may subject you to severe discipline including
discharge. All Union officials and employees are being sent a
copy of this notice and no one is authorized to give contrary
instructions.
Manufacturing, Production and
Service Workers Union, Local No. 24
By:______________________
"President"
(2) Mail a copy of the above notice duly signed to each
employee in the bargaining unit or to employees in the bargaining unit
participating in the interference with production.
(3) If the Union in good faith abides by the foregoing
provisions of this Article, it shall be
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absolved of any damages for any claimed violation of this Article.
SECTION 3.3. NO LOCKOUT. During the term of this Agreement the
Company agrees that there shall be no lockout on its part for any reason
whatsoever including controversies and grievances between the Company, the
Union, and the employees.
ARTICLE IV
HOURS OF WORK
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SECTION 4.1. WORKDAY AND WORKWEEK. The employee workday will be
a twenty-four (24) hour period commencing with the scheduled starting time of
the regular first shift except that for first shift employees whose regular job
assignments commence daily prior to the starting time of the regular first
shift, the workday shall commence at the regular starting time of their job
assignments.
The employee workweek shall be a period of seven (7) consecutive
twenty-four (24) hour days commencing with the scheduled starting time of the
regular first shift on Monday; except that for the first shift employees whose
regular job assignments commence daily prior to the starting time of the regular
first shift, such workweek shall commence on Monday at the starting time of
their job assignments.
SECTION 4.2. NORMAL HOURS. For purposes of computing overtime
only, a normal workday shall consist of eight (8) consecutive hours, exclusive
of meal periods, and a normal workweek shall consist of five (5) consecutive
normal workdays.
SECTION 4.3. OVERTIME PAY. Overtime pay shall be paid at the
rate of one and one-half (1-1/2) times the regular straight-time earnings for
all hours worked in excess of eight (8) hours in one workday and in excess of
forty (40) hours in one work-week. For the purpose of computing weekly overtime
only, an employee eligible to receive holiday pay under the provisions of
Article V will be credited with eight (8) hours worked whether such hours were
actually worked or not. There shall be no pyramiding of overtime, nor shall
holiday pay and overtime pay be paid for the same hours.
Employees shall receive time and one-half (1-1/2) for all work
performed on Saturday.
Employees shall receive double time for all work performed on
Sunday.
SECTION 4.4. ASSIGNMENT OF OVERTIME. Overtime work shall be
required on a reasonable basis as a condition of
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continued employment. The Company shall determine the need for overtime work
and shall schedule it in accordance with the following:
(a) overtime will first be assigned to the employee or employees
regularly scheduled to work an the particular assignment.
(b) Upon reasonable request honored by the Company to be excused
from the work assigned under (a) above, the work shall be assigned to
an employee (or employees) in the same job classification and
department as the employee or employees so excused. In making such
assignments under this paragraph (b), the Company shall attempt to make
said assignment of overtime hours as equally as practicable among
employees who are qualified to perform the work. An employee who fails
for any reason to work assigned overtime or who is excused shall, for
equal distribution purposes, be credited with having worked the
overtime that was available.
(c) If upon the complaint of an employee, it is determined that
there has been a misassignment or an error in the distribution of
overtime hours under paragraph (b) above, such employee shall be given
preference for future overtime assignments for which he is qualified in
his classification and department and such future preference shall be
the sole remedy for the misassignment or error in overtime
distribution.
(d) An employee scheduled to work on Saturday will be notified
of such assignment before the end of his shift Thursday except in those
cases where the Company did not know of the condition causing the
overtime work in time to give such notice.
SECTION 4.5. REPORTING PAY. An employee who reports for work at
his scheduled starting time and has not been notified by the Company not to
report shall receive not less than four (4) hours pay at his regular
straight-time rate, unless the failure to work is due to the fault or refusal of
the employee, the disciplining of him, a stoppage of work in connection with a
labor dispute, or causes beyond the Company's control, such as, but not limited
to, accidents, fires, power breakdowns, or extreme weather.
An employee who completes more than four (4) hours of work but
less than six (6) hours of work, will be guaranteed six (6) hours of work or
pay.
SECTION 4.6. CALL-IN PAY. An employee who is called in to work
at a time other than his scheduled starting time shall receive a guaranteed
minimum of four (4) hours pay at the
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rate of pay for the job to which he is assigned.
SECTION 4.7. REST PERIODS. Employees working on daywork jobs
shall be given two fifteen (15) minute rest periods, one in the first half of
his normal 8 hour day and the other in the second half of his normal 8 hour
day.
Employees working on piece work jobs are provided with an
allowance for personal and fatigue time in the calculation of their incentive
earnings and shall be permitted to the take rest periods in accordance with such
allowances.
The time of such rest periods may be specified by the Company,
but such rest periods shall be scheduled as close to mid-morning and
mid-afternoon as possible.
SECTION 4.8. CHANGE IN WORKWEEK.
(a) The Company will have the right to institute a four (4) day
workweek at ten (10) hours per day with overtime after ten (10) hours
during the period Monday through Thursday for the entire plant or any
part thereof.
(b) The Company will have the right to institute a special shift
for Friday, Saturday and Sunday consisting of new hires at the above
new hire rates and at straight time pay and also consisting of current
employees at existing contract rates including applicable premium pay.
Seniority and any other applicable contract provisions will apply in
the selection of such special shift employees.
ARTICLE V
HOLIDAYS
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SECTION 5.1. RECOGNIZED HOLIDAYS. The following days shall be
considered holidays:
New Year's Day Day after Thanksgiving
Good Friday Day before Christmas Day
Memorial Day Christmas Day
Independence Day Day before New Year's Day
Labor Day Employee's Birthday
Thanksgiving Day
The Employee's birthday may be observed on the following Friday
or Monday.
When a holiday falls on Saturday, the preceding Friday will be
observed as the holiday.
When a holiday falls on Sunday, the following Monday
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will be observed as the holiday.
When Christmas and New Year's fall, or are observed, on Monday,
the holidays scheduled for the day before Christmas and New Year's will be
observed on the preceding Friday.
When Christmas and New Year's fall, or are observed, on Tuesday
or Friday, the day preceding each will be observed as the holidays scheduled for
the Day before Christmas Day and the Day before New Year's Day.
When Christmas and New Year's fall an Wednesday, the two days
preceding Christmas will be observed as the holidays scheduled for the Day
before Christmas Day and the Day before New Year's Day.
When Christmas and New Year's fall on Thursday, the Friday
following each will be observed as the holidays scheduled for the Day before
Christmas Day and the Day before New Year's Day.
A holiday as recognized herein shall be a period of twenty-four
(24) consecutive hours commencing at the same hour of the day as the beginning
of the employees' workday.
SECTION 5.2. COMPUTATION OF HOLIDAY PAY. Employees eligible for
holiday pay for a holiday not worked shall receive eight (8) hours pay at their
regular straight-time rate computed as follows:
(a) Holiday pay for an employee who is regularly scheduled on
the night shift at the time a holiday is observed shall be paid his
night shift differential in addition to his regular holiday pay.
(b) Holiday pay for a daywork employee shall be computed on
the basis of his regular day work hourly rate in effect at the time the
holiday is observed, excluding night shift differential and premium pay
for overtime worked.
(c) Holiday pay for a piecework employee shall be computed on
the basis of his average hourly earnings calculated in accordance with
Section 11.12, 8 (a), Payment of Average Earnings.
SECTION 5.3. ELIGIBILITY. In order to be eligible for holiday
pay for holidays not worked, an employee must have completed his probationary
period and must have worked at least one full day in the workweek in which the
holiday is observed, and must also have worked the scheduled day immediately
preceding the holiday and the scheduled day immediately after the holiday.
Management may excuse absence for a partial day or
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for a full day. It is understood that such excuse shall not be unreasonably
denied.
An employee who is not actively at work during the week in which
a holiday occurs because of disabling illness or injury will become eligible for
holiday pay if he returns to work within ninety (90) days following the holiday
and works one full workweek immediately thereafter.
The Company shall notify employees of scheduled work to be
performed on a premium workday which falls immediately prior to or following a
holiday within ten (10) days of the premium workday. Employees desiring to be
excused from working the premium workday without jeopardy to their holiday pay
shall make such request not later than seven (7) days prior to the premium
workday. Depending on business conditions, plant operations and the number of
employees making such requests, management may excuse employees from working the
premium workday; however, it is understood that such excuse shall not be
unreasonably denied. Management shall respond to employee requests not later
than the end of their Monday shift preceding the premium workday. All conditions
being equal, requests will be honored in seniority order with due regard to
equitable rotation.
SECTION 5.4. PAY FOR HOLIDAYS WORKED. In the event an employee
is required to work on any of the recognized holidays he shall be paid triple
time for all hours actually worked plus holiday pay for the difference between
the number of hours worked that day (if less than eight (8)), and eight (8).
An employee who is scheduled to work on a holiday and who
without reasonable cause fails to report and perform such holiday work shall
receive pay for such holiday not worked provided he meets the other eligibility
requirements. However, he may be subject to disciplinary action for failure to
report and perform the scheduled work.
SECTION 5.5. HOLIDAYS OBSERVED DURING VACATION. When a holiday
is observed during an eligible employee's scheduled vacation he shall be paid
for the unworked holiday in addition to his vacation pay without regard to the
provisions of Section 5.3. As an option, an employee may elect to receive an
additional day of vacation in lieu of the holiday pay. The additional day of
vacation shall be the last scheduled day preceding or the first scheduled day
following the vacation.
An employee who has elected to receive an additional day of
vacation as provided in this section but who is required to work on both his
last scheduled work day immediately preceding and his next scheduled workday
immediately following his vacation, shall be paid for such next scheduled
workday immediately following his vacation as though it were a holiday
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worked by him. In no event, however, shall he be paid triple time for more than
eight hours work.
SECTION 5.6. PERSONAL DAY. All full-time non-probationary
employees shall be granted one (1) personal day off with pay each year of this
Agreement. Notice of such day shall be given to the Company as far in advance as
practicable. A request for a particular day off shall not be unreasonably denied
by the Company.
ARTICLE VI
VACATIONS
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SECTION 6.1. ELIGIBILITY. Effective January 1, 1992 an employee
who on or before December 1st of the current calendar year has attained both
years of continuous service and the days of attendance as indicated in the table
below shall be eligible for vacation as follows:
Years Days of
of Attendance Prior
Service 1 2 6 7 8 9 12 13 14 15 16 20 Calendar Year*
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5 10 12 13 14 15 16 17 18 19 20 21 120 or more
4 8 10 10 11 12 13 14 14 15 16 17 100 - 119
Days 3 6 7 8 8 9 10 10 11 11 12 13 80 - 99
of 2 4 5 5 6 6 6 7 7 8 8 9 60 - 79
Vacation 1 2 2 3 3 3 3 3 4 4 4 5 40 - 59
0 0 0 0 0 0 0 0 0 0 0 0 0 - 39
* 12 month period commencing with date of hire for an employee who has only one year of
seniority on or before December 1st of the current calendar ear.
For the purpose of determining the number of days worked, only
whole days worked shall be counted.
In order to be eligible for a vacation in the current calendar
year, an employee must work for the Company on the last scheduled workday in the
prior calendar year. If he should be absent for any reason on such last
scheduled workday, he may qualify for a vacation by working at least one full
day of the current calendar year.
SELECTION 6.2. COMPUTATION OF VACATION PAY. For each day of
vacation an employee shall receive eight (8) hours of vacation pay at his
regular straight time rate computed in accordance with the following:
(a) An employee regularly scheduled to work on the night shift
during the period immediately prior to vacation shall be paid a night
shift differential
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in addition to his regular vacation pay.
(b) Regular vacation pay for a day work employee shall be
computed on the basis of his regular day rate in effect at the time the
employee takes his vacation, excluding night shift differential and
premium pay for overtime worked.
(c) Regular vacation pay for a piecework employee shall be
computed on the basis of his average hourly earnings calculated in
accordance with Section 11.12, paragraph 8 (a), Payment of Average
Earnings.
SECTION 6.3. VACATION BONUS. Vacation bonus will be added to an
employee's vacation pay at the rate of one (1) hour's pay for each full year of
seniority in excess of 18 years. Such bonus will be calculated in the same
manner as vacation pay.
SECTION 6.4. SCHEDULING OF VACATIONS. As promptly as possible
after January 1st of each year each employee entitled or expected to become
entitled to take vacation time off in that year will be requested to specify the
vacation period or periods he desires.
In the event that the orderly operations of the plant would be
jeopardized, the Company reserves the right to limit the number of employees in
a department who may take their vacation allotment in any single week. The
Company's right to limit is conditioned upon the right of the most senior
employees to have preference and to take their time allotments so long as there
are employees remaining who are qualified to perform the work required by the
Company during the week in question. If an employee has not filed a request by
April 1st his seniority shall not be given consideration when scheduling his
vacation.
Vacations must be taken in the current calendar year and shall
not be allowed to accrue from one year to the next.
Upon mutual agreement of the Company and the employee, pay in
lieu of vacation time off may be taken by an employee in any calendar year in
which the employee is eligible for vacation.
The Company reserves the right to schedule a plant shutdown for
vacation commencing with the first Monday in July. Employees will be given sixty
(60) days notice of such shutdown.
Employees entitled to more vacation than the period of the plant
shutdown may take such additional vacation at a time selected by the Company,
according due consideration to the preference of the employee, which preference
may be based on
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seniority, all other factors being relatively equal.
SECTION 6.5. TERMINATION EMPLOYEES. An employee terminated for
any reason during a year in which he is eligible for a vacation shall receive
his vacation pay at the same time he receives his pay for the last period
worked.
ARTICLE VII
GRIEVANCE PROCEDURE AND ARBITRATION
-----------------------------------
SECTION 7.1. GRIEVANCES. A grievance shall be defined as a claim
by the employees or the Union that the Company has violated or is violating the
provisions of a specific section or sections of this Agreement.
The provisions of this Article shall set forth the sole and
exclusive procedures for the adjustment of any grievance of the employees or the
Union.
SECTION 7.2. FIRST STEP. A grievance must first be raised by the
employee with his ▇▇▇▇▇▇▇, either with or without his ▇▇▇▇▇▇▇ at the employee's
option. A grievance must be raised within three working days of its occurrence.
A grievance involving a continuing violation may be raised at any time during
the period of such continuation, but in no case will the resolution of such
grievance have any retroactive effect before the date upon which it was raised.
SECTION 7.3. SECOND STEP. Upon denial of the grievance by the
▇▇▇▇▇▇▇ or upon his failure to respond within three working days, the employee
and his ▇▇▇▇▇▇▇ may appeal the grievance within five additional working days to
the Vice President of Human Resources by a written submission signed by both the
employee and the ▇▇▇▇▇▇▇. The Vice President of Human Resources shall then have
three working days within which to answer the grievance in writing.
SECTION 7.4. THIRD STEP. Upon denial of the grievance by the
Vice President of Human Resources or upon his failure to answer the grievance in
writing within three workdays of his receipt of the grievance, the Union may
appeal the grievance to the Vice President of Manufacturing which grievance
shall designate the specific section or sections of this Agreement which are
claimed to have been violated by the Company. The Vice President of
Manufacturing shall respond to the grievance in writing within five (5) working
days from his receipt of the grievance. Upon mutual agreement of the parties,
they shall meet for the purpose of discussing the grievance.
Upon mutual agreement of the parties to this Agreement, any step
or steps of this grievance procedure may be
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omitted in a particular case. Any grievance brought by the Union on behalf of
itself shall commence at the Third Step.
SECTION 7.5. ARBITRATION. Upon denial of the grievance by the
Vice President of Manufacturing, his failure to respond within five (5) working
days of his receipt of the grievance, or upon the Union's dissatisfaction with
the Vice President of Manufacturing's proposed settlement of the grievance at
the meeting or meetings held for such purpose, if any, the Union alone may
appeal the grievance to arbitration under the following procedure:
(a) Within ten (10) days of receipt of the Company's last
answer, the Union must give written notice to the Vice President of
Manufacturing of its desire to proceed to arbitration.
(b) If the grievance is appealed to arbitration, representatives
of the Company and the Union shall meet to select an arbitrator. If the
parties are unable to agree on an arbitrator within (10) working days
after the Union has served its written notice upon the Company, the
parties shall request the Federal Mediation and Conciliation Service to
submit a list of five arbitrators. The Union shall strike two names
from the list and the Company shall then strike two names and the
person whose name remains shall be the arbitrator, provided that either
party, before striking any names, shall have the right to reject one
panel of arbitrators.
(c) The arbitrator shall be notified of his selection by a joint
letter from the Company and the Union requesting that he set a time and
place for the hearing, subject to availability of the Company and Union
representatives, and the letter shall specify the issue(s) to the
arbitrator in the following form:
"Did the Company violate Section(s) of its labor agreement
with the Union by taking the action or position complained of
in Grievance No.______________?"
(d) The costs of the arbitrator and hearing room, if any, and of
a transcript, if jointly requested, shall be borne equally by the
parties. If a transcript is requested by only one party, that party
shall assume the full cost of same, including that of the arbitrator's
copy. Each party shall bear its own costs of preparation, including
those of witnesses and representatives at the hearing.
SECTION 7.6. AUTHORITY OF ARBITRATOR. If the matter sought to be
arbitrated does not involve a grievance concerning
-12-
18
the interpretation or application of any term or condition of this Agreement,
the arbitrator shall so rule in his award.
An arbitrator shall have no authority to add to, detract from or
amend in any way the express terms of this Agreement. It is understood that the
parties intended nothing more than that which is expressly set forth in this
Agreement or in any written, mutually executed supplement or amendment hereto.
The decision of the arbitrator shall be final and binding upon
the Company, the Union and the employees.
SECTION 7.7. TIME LIMITS. All time limits set forth in an
Article shall be rigidly maintained unless the parties specifically agree to the
waiver of same in a particular case. If no such waiver takes place, a grievance
not timely raised or appealed shall be deemed waived and settled as of the last
answer. Any grievance not timely answered by the Company shall be deemed denied
and immediately appealable to the next step.
SECTION 7.8. PAY FOR MEETINGS WITH MANAGEMENT. Time spent in
meetings with management shall be paid for as follows:
If the grievant or ▇▇▇▇▇▇▇ is a daywork employee he shall be paid his
regular daywork rate.
If the grievant or ▇▇▇▇▇▇▇ is a piecework employee he shall be paid in
accordance with the allowance rules set forth in Section 11.12.
SECTION 7.9. WAIVER. Since the Company has granted the employees
a grievance and arbitration procedure for resolving grievances, the Union and
the employees waive their right to pursue any judicial remedy against the
Company as to any matter subject to the procedures established in this article
until said procedures have been exhausted.
SECTION 7.10. WORK STOPPAGE ARBITRATION. Notwithstanding the
foregoing procedure, if the Union or any of its members violates Article III of
this Agreement the Union agrees to have the matter immediately submitted to an
arbitrator of the Company's choice to adjudicate the existence of the work
stoppage. The sole question presented to the arbitrator shall be whether in fact
employees are engaging in a work stoppage. If the arbitrator finds that a work
stoppage has occurred, he shall order the employees to cease their activity and
to return immediately to work. Utilization of the procedure established in this
Section is purely discretionary with the Company and shall not operate as a
condition precedent upon the Company's resort to other contractual,
administrative, or judicial remedies.
-13-
19
ARTICLE VIII
LEAVE OF ABSENCE
----------------
SECTION 8.1. MILITARY LEAVE. Leaves of absence shall be granted
to employees who enter into the Armed Forces of the United States. Such
employees shall be accorded reinstatement rights in accordance with the
Selective Service Act, as amended, upon release from service.
SECTION 8.2. MEDICAL AND PERSONAL LEAVE. Upon written request on
a form provided by the Company, employees may request a leave of absence for
medical or personal reasons. The Company will give consideration to the
circumstances of each application and shall have the right to determine whether
or not the leaves shall be granted and the duration of any such leave. Such
requests shall not be unreasonably denied. Any leave required to be granted
pursuant to law will be granted in accordance with applicable law.
SECTION 8.3. MATERNITY LEAVE. A leave of absence for pregnancy
will be granted by the Company. The effective date and the duration of leave
shall take into consideration the recommendations of the employee's personal
physician.
SECTION 8.4. UNION LEAVE. Upon request of the Union in writing
submitted to the Company, a maximum of two (2) duly selected employees at a time
will be given a leave of absence not to exceed two (2) weeks in duration in
order to attend annual Union conventions; provided that such request shall be
submitted at a reasonable time but not less than two (2) weeks in advance of the
commencement of the leave.
ARTICLE IX
SENIORITY
---------
SECTION 9.1. DEFINITION. For the purpose of serving as a
qualification of benefits expressly provided for in this Agreement and for no
other purpose, plant seniority shall be defined as the length of an employee's
continuous service with the Company at the plant covered by this Agreement,
dating from his last date of hire.
SECTION 9.2. PROBATIONARY PERIOD. Each employee shall be
considered as a probationary employee for his first forty-five (45) calendar
days; provided that upon written notice to the Union, the Company can extend the
probationary period an additional thirty (30) calendar days.
-14-
20
When an employee has completed his probationary period his plant
seniority shall date from his date of hire. There shall be no seniority among
probationary employees, who may be laid off, discharged, or otherwise terminated
at the sole discretion of the Company.
SECTION 9.3. CONTINUED ACCUMULATION. When an employee is
promoted from a bargaining unit job to a position outside the unit, he shall
continue to accumulate seniority for an additional period, not to exceed one
year. If he is transferred back to the bargaining unit, he shall be entitled to
a job in accordance with such total seniority and ability as if he has been on
layoff.
SECTION 9.4. REDUCTION-IN-FORCE, LAYOFF AND RECALL. In the event
of a reduction-in-force the employee or employees with the least seniority shall
be laid off, provided the remaining employees are qualified to perform the work
required. The following procedures shall apply in effecting such
reduction-in-force:
(a) If an employee whose job is eliminated is not the least
senior employee in his department, he shall displace the least senior
employee in the department whose work he is qualified to perform.
(b) If an employee whose job is eliminated is the least senior
employee in his department or if he is not qualified to displace a less
senior employee in the department, he shall be removed from the
department.
(c) If an employee removed from his department under (b)above is
not the least senior employee in the plant, he shall displace the least
senior employee in the plant whose work he is qualified to perform.
(d) If an employee removed from his department under (b) above
is the least senior employee in the plant or if he is not qualified to
displace a less senior employee in the plant, he shall be laid off.
(e) The provisions of (a), (b), (c) and (d) above shall be
applicable to an employee who is displaced by a senior employee in
which event the displaced employee shall be treated as though he were
an employee whose job has been eliminated by a reduction-in-force.
(f) No employee with seniority shall be displaced under (a) or
(c) above if there is a job opening in the plant for which the senior
employee is qualified, in which event said senior employee will be
assigned to the job opening.
-15-
21
When job openings occur, laid off employees with seniority will
be recalled in order of seniority, provided they are qualified to performed the
work.
SECTION 9.5. TEMPORARY LAYOFFS. In cases of temporary
curtailment of work not exceeding two (2) workdays, decreases in force may be
made by the Company without regard to the provisions of this Article, provided
that the period of temporary layoff may be extended by one (1) additional day
upon mutual agreement of the Company and the Union. The Union will not
unreasonably withhold its agreement to such an extension.
If other work is available in the plant and the Company offers
the option to employees to perform this work, qualified employees affected by
the temporary layoffs will be given the option by seniority to perform this
work.
SECTION 9.6. JOB POSTING. In the event that a permanent job
vacancy develops in a classification covered by this agreement, notice of such
vacancy shall be posted on the form set forth in exhibit A for a period of two
(2) workdays during which employees may apply therefore in writing to the Vice
President of Human Resources. This provision shall not be construed to mean that
employees have the right to select their job assignments within their
classification. Job assignments shall be made with due regard for seniority and
qualifications to perform the work required. A copy of each job posting will be
given to each union ▇▇▇▇▇▇▇. At the conclusion of the posting period a copy of
the completed form will be posted showing the names of the bidders and the
identification of the successful bidder, if any. A copy of the completed form
will be furnished to any ▇▇▇▇▇▇▇ or any of the unsuccessful bidders upon
request. Upon request by an unsuccessful bidder, the reason for his failure to
get the job assignment will be explained to him.
The Company is not obligated to consider a bid by a probationary
employee or an employee who has been assigned to his current job for less than
thirty (30) days.
The job will be filled in accordance with the following:
(a) First consideration shall be given to any employee who
previously held the vacant job but was displaced or removed from such
job pursuant to the provisions of Section 9.4., provided that the
employee is qualified to perform the work.
(b) In the event that the vacant job is not filled under (a)
above, consideration shall be given to employees whose regular
department is the department wherein the vacancy has occurred. As
between employees whose skill and ability is relatively
-16-
22
equal, primary consideration shall be given to seniority.
(c) In the event that no employees covered under (b) above apply
or if the Company decides that none of the applicants under (b) above
have the necessary skill and ability, consideration shall be given to
employees in the plant. As between such employees whose skill and
ability is relatively equal, primary consideration shall be given to
seniority.
Nothing contained in this Section shall prevent the Company from
temporarily filling a posted vacancy until it is determined whether there are
applicants with the ability to perform satisfactorily the work involved or from
offering the posted vacancy to a qualified employee who did not apply, or hiring
a new qualified employee for the vacancy if there are no applicants during the
period of posting, or if none of the applicants has the ability to perform
satisfactorily the work involved.
Permanent job vacancies, except for entry level jobs, will not
go unposted for bidding purposes for more than thirty (30) days after the
Company determines such permanent vacancy.
Any employee who accepts a position in another job
classification pursuant to this Section and fails to demonstrate his ability
during a trial period, if any, to perform the work involved in a satisfactory
manner shall be retransferred to his former classification, displacing the
employee, if any, who replaced him.
SECTION 9.7. TERMINATION OF SENIORITY. Seniority and the
employment relationship shall be terminated when an employee:
(a) Voluntarily leaves the Company's employment by resignation
or quits; or
(i) Is absent from work for three (3) consecutive working
days without reporting the reason for such absence;
(ii) Fails to report for work at the expiration of vacation
or leave of absence unless excused in advance by the Company; or
(iii) If a laid off employee fails to report for work within
a period of three (3) working days, unless such period is
extended by the Company;
(b) Is discharged for cause;
-17
23
(c) Is laid off and not recalled to work for the Company within
a period of two (2) years or the length of his seniority at the time of
layoff, whichever is shorter;
(d) Is absent from work due to disabling illness or injury for a
period of two (2) years or the length of his seniority at the time he
last worked for the Company, whichever is shorter, which time may be
extended by the Company; or
(e) Works for another employer or is self-employed while on a
leave of absence from the Company, unless excused by the Company; or
(f) Retires.
SECTION 9.8. SENIORITY LISTS. Once each six (6) months the
Company will furnish the Chief Union ▇▇▇▇▇▇▇ with an up-to-date seniority list,
a copy of which will be posted on the Union Bulletin Board.
SECTION 9.9. SUPERSENIORITY. Union Stewards shall head the
seniority list for the plant during their respective terms of office. Such
preferred seniority shall be applicable only to prevent their being laid off for
a period in excess of three (3) working days, provided they are qualified to
perform a remaining job or jobs in the plant.
ARTICLE X
MISCELLANEOUS
-------------
SECTION 10.1. JURY PAY. An employee who is called for Jury
Service will be granted time off with pay. In the case of a daywork employee,
such pay will be computed at his regular daywork hourly rate for hours for each
day of Jury Service, less the amount of jury pay received. In the case of a
piecework employee, such pay shall be computed at the hourly rate for his
classification for eight (a) hours for each day of Jury Service, less the amount
of jury pay received.
SECTION 10.2. INJURY ON THE JOB. An employee who is injured on
the job, reports such injury on the day of its occurrence, and is sent to the
Company doctor, shall receive pay for the balance of his scheduled shift upon
certification by the doctor that he is unable to work the balance of the day.
Such pay in the case of a daywork employee will be computed at his regular day
work hourly rate and such pay for a piecework employee will be computed in
accordance with the allowance rules set forth in Section 11.12.
-18-
24
SECTION 10.3. FUNERAL PAY. When a death occurs in a
non-probationary employee's immediate family (spouse, parent, child, sister,
brother, or parent-in-law), he shall be granted time off with pay for not less
than one (1) normal workday nor more than three (3) normal workdays (for the
death of a grandparent, no more than two (2) normal workdays; and for the death
of a grandchild, brother-in-law or sister-in-law, no more than one (1) normal
workday), provided the employee attends the funeral. Such pay in the case of a
daywork employee will be computed at his regular daywork hourly rate, and such
pay in the case of a piecework employee will be computed at the base rate of his
piecework classification.
SECTION 10.4. SAFETY COMMITTEE. Two employees designated by the
Union shall attend and participate in monthly safety meetings. A daywork
employee shall be paid his regular daywork hourly rate. A piecework employee
shall be paid in accordance with the allowance rules set forth in Section 11.12.
SECTION 10.5. MOVEMENT OF FACILITY. In the event the plant
and/or any of its operations are moved to another location, employees affected
by such move will be offered the opportunity to transfer, and this contract
shall continue in effect until its expiration date, provided the Union
represents a majority of the employees at such new location after the move.
SECTION 10.6. DISTRIBUTION OF PAYCHECKS. Paychecks shall be
distributed to employees each Friday following the afternoon rest period.
SECTION 10.7. SUPERVISORS WORKING. Supervisors shall not perform
bargaining unit work which results in the displacement of qualified bargaining
unit employees on straight time or overtime, except when an emergency arises,
when the work is experimental or instructional in nature, or is negligible in
amount.
SECTION 10.8. PAY TELEPHONES. Two pay telephones shall be
installed in convenient locations for the use of employees.
SECTION 10.9. FIRST AID CERTIFICATION. Within forty (40) days
following the effective date of this agreement, designated first-aid personnel
shall update their certification cards.
SECTION 10.10. FIRST AID KITS. There shall be one emergency
first-aid kit located in each department.
SECTION 10.11. DISCIPLINARY WARNING SLIPS. Each six (6) months
the Company will notify the Chief Union ▇▇▇▇▇▇▇ of disciplinary warning slips
not retained by the Company for more than six (6) months.
-19-
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All disciplinary suspensions and discharges will be issued in
the presence of the Vice President of Human Resources or his designated
representative, the ▇▇▇▇▇▇▇, a Union ▇▇▇▇▇▇▇ and the employee involved.
SECTION 10.12. INCENTIVE COMMITTEE. An incentive committee
meeting will be held monthly at the Union's request. Company and Union incentive
committee will consist of not more than two persons each who will be
knowledgeable of the subject matter to be discussed.
SECTION 10.13. UNIFORMS. Adequate protective clothing will be
providing by the Company for employees performing painting job and tank cleaning
job as directed by supervision.
ARTICLE XI
WAGES
-----
SECTION 11.1. REGULAR WAGE RATES. Effective November 14, 1994
wage rates will be as set forth in Section 11.4. Daywork employees will be given
increases to place them in the same relative position in their rate range.
Piecework employees will be paid in accordance with the provisions of Section
11.12.
Commencing with the first pay period next succeeding the first
anniversary of this Agreement, wage rates will be as set forth in Section 11.5.
These wage rates will be applied in the same manner as described above.
SECTION 11.2. COST OF LIVING ADJUSTMENT. The $0.28 COLA payment
in effect at the conclusion of the 1982 Agreement shall continue to be paid as
an "add-on" to hours worked and paid for the duration of the 1994 contract.
SECTION 11.3. COMPLETION OF PROBATIONARY PERIOD. A daywork
employee will receive a ten cent($0.10) per hour increase upon completion of
his probationary period.
EFFECTIVE NOVEMBER 14, 1994
SECTION 11.4. WAGE RATES.
DAYWORK RATE STRUCTURE
----------------------
Labor Minimum Mid-Range Maximum
GRADE RATE RATE RATE
-------------------------------------------------------------------------
1 $7.77 $8.20 $8.63
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Labor Minimum Mid-Range Maximum
GRADE RATE RATE RATE
-------------------------------------------------------------------------
2 $8.13 $8.58 $9.03
3 $8.52 $9.00 $9.47
-------------------------------------------------------------------------
4 $8.92 $9.41 $9.91
5 $9.39 $9.91 $10.43
6 $9.92 $10.47 $11.02
-------------------------------------------------------------------------
7 $10.84 $11.44 $12.04
8 $11.70 $12.35 $13.00
9 $12.66 $13.37 $14.07
-------------------------------------------------------------------------
10 $14.36 $15.16 $15.96
-------------------------------------------------------------------------
PIECEWORK RATE STRUCTURE
------------------------
Labor Base Hourly Earning
Grade Rate Rate objective
---------------------------------------------------------------------------
1 $7.66 $8.14 $9.58
2 $8.01 $8.51 $10.01
3 $8.40 $8.93 $10.50
4 $8.80 $9.35 $11.00
5 $9.21 $9.79 $11.51
-------------------------------------------------------------------------
6 $9.63 $10.23 $12.04
7 $10.13 $10.76 $12.66
8 $10.62 $11.28 $13.28
9 $11.10 $11.79 $13.88
-------------------------------------------------------------------------
DAYWORK LEARNER RATE STRUCTURE
------------------------------
Labor Minimum Maximum Maximum
Grade Rate Rate Weeks
----------------------------------------------------------------------------
3 $7.75 $8.61 3
4 $8.09 $8.99 6
5 $8.53 $9.48 13
----------------------------------------------------------------------------
6 $9.01 $10.01 26
7 $9.83 $10.92 52
8 $10.61 $11.79 78
----------------------------------------------------------------------------
9 $11.48 $12.76 104
----------------------------------------------------------------------------
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EFFECTIVE NOVEMBER 20. 1995
SECTION 11.5. WAGE RATES
DAYWORK RATE STRUCTURE
----------------------
Labor minimum Mid-Range Maximum
Grade Rate Rate Rate
---------------------------------------------------------------------------
1 $7.93 $8.36 $8.80
2 $8.29 $8.75 $9.21
3 $8.69 $9.18 $9.66
4 $9.10 $9.60 $10.11
5 $9.58 $10.11 $10.64
-------------------------------------------------------------------------
6 $10.12 $10.68 $11.24
7 $11.06 $11.67 $12.28
8 $11.93 $12.60 $13.26
9 $12.91 $13.64 $14.35
-------------------------------------------------------------------------
10 $14.65 $15.46 $16.28
-------------------------------------------------------------------------
PIECEWORK RATE STRUCTURE
------------------------
Labor Base Hourly Earning
Grade Rate Rate Objective
-------------------------------------------------------------------------
1 $7.81 $8.30 $9.77
2 $8.17 $8.68 $10.21
3 $8.57 $9.11 $10.71
-------------------------------------------------------------------------
4 $8.98 $9.54 $11.22
5 $9.39 $9.99 $11.74
6 $9.82 $10.43 $12.28
-------------------------------------------------------------------------
7 $10.33 $10.98 $12.91
8 $10.83 $11.51 $13.55
9 $11.32 $12.03 $14.16
-------------------------------------------------------------------------
DAYWORK LEARNER RATE STRUCTURE
Labor Minimum Maximum Maximum
Grade Rate Rate Weeks
-------------------------------------------------------------------------------
3 $7.91 $8.78 3
4 $8.25 $9.17 6
5 $8.70 $9.67 13
-------------------------------------------------------------------------------
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Labor Minimum Maximum Maximum
Grade Rate Rate Weeks
-------------------------------------------------------------------------------
6 $9.19 $10.21 26
7 $10.03 $11.14 52
8 $10.82 $12.03 78
-------------------------------------------------------------------------------
9 $11.71 $13.02 104
-------------------------------------------------------------------------------
EFFECTIVE NOVEMBER 18, 1996
---------------------------
SECTION 11.6. WAGE RATES
DAYWORK RATE STRUCTURE
----------------------
Labor minimum Mid-Range Maximum
Grade Rate Rate Rate
-------------------------------------------------------------------------
1 $8.09 $8.53 $8.98
2 $8.46 $8.93 $9.39
3 $8.86 $9.36 $9.85
-------------------------------------------------------------------------
4 $9.28 $9.79 $10.31
5 $9.77 $10.31 $10.85
6 $10.32 $10.89 $11.46
-------------------------------------------------------------------------
7 $11.28 $11.90 $12.53
8 $12.17 $12.85 $13.53
9 $13.17 $13.91 $14.64
-------------------------------------------------------------------------
10 $14.94 $15.77 $16.61
-------------------------------------------------------------------------
PIECEWORK RATE STRUCTURE
------------------------
Labor Base Hourly Earning
Grade Rate Rate Objective
---------------------------------------------------------------------
1 $7.97 $8.47 $9.97
2 $8.33 $8.85 $10.41
3 $8.74 $9.29 $10.92
---------------------------------------------------------------------
4 $9.16 $9.73 $11.44
5 $9.58 $10.19 $11.97
6 $10.02 $10.64 $12.53
---------------------------------------------------------------------
7 $10.54 $11.20 $13.17
8 $11.05 $11.74 $13.82
9 $11.55 $12.27 $14.44
---------------------------------------------------------------------
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DAYWORK LEARNER RATE STRUCTURE
------------------------------
Labor Minimum Maximum Maximum
Grade Rate Rate Weeks
----------------------------------------------------------------------------
3 $8.07 $8.96 3
4 $8.42 $9.35 6
5 $8.87 $9.86 13
-------------------------------------------------------------------------
6 $9.37 $10.41 26
7 $10.23 $11.36 52
8 $11.04 $12.27 78
-------------------------------------------------------------------------
9 $11.94 $13.28 104
-------------------------------------------------------------------------
SECTION 11.7. DAYWORK JOB CLASSIFICATIONS. All jobs will be
placed within one of the classifications listed below and will be given a labor
grade by the Company based on professionally accepted standards. Prior to the
starting of a new job classification or a changed job classification the Company
shall notify the Union and furnish the Union with a job description and the
proposed rates of pay applicable to such classification. When a new or changed
classification has been in operation for a period of thirty (30) days, either
the Company or the Union may, within the succeeding thirty (30) days, request
negotiations pertaining to the rate for a new or changed job classification. In
the absence of a request during such period, the rates contained in the
Company's notice shall be deemed permanent upon the expiration of the second
thirty (30) day period. Where negotiations are requested, the rates resulting
therefrom shall constitute the permanent rates. Where negotiations do not result
in establishing agreed rates, the issue shall be taken up at Step 3 of the
grievance procedure and processed in accordance with the provisions.
LABOR GRADE CLASSIFICATION NAME
3 Conveyor Paint Line
4 Degreaser
5 Driver-Shop Truck or Stacker
3 Line Inspector
4 Inspector
7 Inspector
7-11 Leader
-24-
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10 Maintenance Mechanic (major)
7 Maintenance Mechanic (minor)
6 Painter
6 Receiving Clerk
3 Repairer
8 Setter Punch Press
5 Setter Assembly
7 Setter Welding
5 Shipping Order Filler
3 Stock Helper & Stacker
5 Stockkeeper
10 Toolmaker
SECTION 11.8. PIECEWORK JOB CLASSIFICATIONS
LABOR GRADE CLASSIFICATION NAME
2 Assembler
3 Assembler
4 Assembler
3 Bench Worker
4 Drill Press
3 Grinder
4 Milling Machine
5 Polisher
4 Punch Press (Secondary)
5 Punch Press (Automatic)
5 Welder
8 Setter Punch Press
5 Setter Assembly
-25-
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7 Setter Welding
SECTION 11.9. EMPLOYEE CLASSIFICATION PLAN FOR DAYWORK EMPLOYEES
1. ASSIGNED WORK IN ONE CLASSIFICATION
--------------------------------------
An employee regularly assigned to perform work in one daywork
classification shall be classified in such daywork classification.
2. ASSIGNED WORK IN TWO OR MORE CLASSIFICATIONS
-----------------------------------------------
(a) In same labor grade. An employee regularly assigned to
perform work in two or more daywork classifications in the same labor grade
shall be classified in the daywork classification which covers the work which
occupies the greatest percentage of the employee's time.
(b In different labor grades. An employee regularly assigned to
perform work in daywork classifications in two or more labor grades shall be
classified in the highest daywork classification which covers work that occupies
ten percent (10%) or more of the employee's time.
3. CALCULATION OF PERCENTAGES
-----------------------------
In order that the calculation of percentages referred to herein
will reflect average conditions, a sufficient period of time, in the past or
projected into the future, shall be used so that all of an employee's regular
assignments are included, and normal variations in time spent on each assignment
are taken into consideration.
SECTION 11.10. EMPLOYEE CLASSIFICATION PLAN FOR PIECEWORK
EMPLOYEES
1. ASSIGNED JOBS IN ONE CLASSIFICATION
--------------------------------------
An employee regularly assigned to perform operations all of
which are classified in the same piecework classification shall be classified in
such piecework classification.
2. ASSIGNED JOBS IN TWO OR MORE CLASSIFICATIONS
-----------------------------------------------
(a) In same labor grade. An employee regularly assigned to
perform operations classified in two or more piecework classifications in the
same labor grade shall be classified in the piecework classification which
covers the work which constitutes the greatest percentage of the employee's
piecework earnings. For example, an employee who makes 60% of his piecework
earnings from Grade 2 Assembly work and 40% from B22 Bench Work will be
classified as a Grade 2 Assembler.
-26-
32
(b) In different labor grades. An employee regularly assigned to
perform operations classified in piecework classifications in two or more labor
grad es shall be classified in the highest piecework classification which covers
operations that constitute ten percent (10%) or more of the employee's piecework
earnings.
3. CALCULATION OF PERCENTAGES
-----------------------------
In order that the calculation of the percentages referred to
herein will reflect average conditions, a sufficient period of time, in the past
or projected into the future, shall be used so that all of an employee's regular
assignments are included, and normal variations in time spent on each assignment
are taken into consideration.
SECTION 11.11. DAYWORK WAGE PAYMENT PLAN
1. PURPOSE
----------
The purpose of the Daywork Wage Payment Plan is to encourage
high employee productivity by enabling employees to earn a rate of pay within
their rate range on the basis of their demonstrated performance, reliability,
and length of time on the assigned job.
2. DEFINITIONS
--------------
"Maximum Rate". The maximum rate is the rate which represents
the value of the job. It is the rate which the average skilled employee will be
paid when he has been assigned to a classification for a sufficient period of
time to demonstrate his ability to perform all of the requirements of the job in
a reliable and workmanlike manner.
"Mid-Range Rate." The mid-range rate is ninety-five percent
(95%) of the maximum rate. An employee who fails to show that he merits a rate
equal to or above the mid-range rate within a reasonable period of time after
his assignment to a classification should be considered unqualified and be
removed from the job.
"Minimum Rate". The minimum rate is ninety (90%) of the maximum
rate. A new employee, or an employee newly assigned to a classification who has
some experience on the type of work required will normally be paid between the
minimum and the mid-range rate.
3. DAYWORK RATE STRUCTURE
-------------------------
The daywork rate structure shall be set forth in the separate
schedule entitled "Daywork Rate Structure."
-27-
33
4. STARTING RATES
-----------------
(a) All employees who are hired after November 14, 1994 will
be paid the following wage rates for the term of this contract, and
with respect to such employees this provision will supercede all other
terms of the contract to the contrary:
Labor Grades 1-3: $6.50/Hour
Labor Grades 4-6: $7.50/Hour
Labor Grades 7-9: $9.50/Hour
Labor Grade10: $10.00/Hour
Such employees assigned to piecework jobs will have the above rates as
their base rates. The contractual piecework formula will then apply to
those rates.
(b) Subject to paragraph (a) above, an employee assigned to a
classification will be paid a rate within the rate range of his
classification on the basis of an evaluation of his experience on the
type of work required, either within the Company or elsewhere, except
as provided in Section 8 below.
5. INCREASES
------------
An employee's rate will be reviewed at frequent intervals, and
increases within the rate range of his classification will be granted when
warranted on the basis of the employee's demonstrated performance and
reliability.
6. TEMPORARY ASSIGNMENTS
------------------------
An employee temporarily assigned to a different daywork
classification for a period of one full week or more shall be paid a rate within
the rate range of such classification to which he is temporarily assigned. When
an employee is temporarily assigned for one full day or more to a job on which
he has previously worked at least five (5) full days, he will be paid a
temporary rate within the rate range of such temporary job. But in no case shall
his rate for the temporary assignment be less than his rate for his regular
classification.
An employee temporarily assigned to work classified in a
piecework classification will continue to be paid his regular daywork rate,
except that if his earnings on priced piecework operations exceed his regular
rate for the day, he will be paid such piecework earnings in excess of his
regular rate.
7. MEDICAL TREATMENT
--------------------
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An employee will be paid his regular daywork rate for time spent
during his regular shift while receiving medical treatment at the Company's
direction in case of injury arising out of and in the course of employment,
provided he performs work for the Company on the day such treatment is received.
8. LEARNERS
-----------
Except for employees hired after November 14, 1994, an employee
newly assigned to a classification, who has no experience or requires training
to perform the minimum requirements of such classification in labor grades 3 to
9 may be identified as learner and paid a rate below the minimum rate for his
classification but not lower than the minimum learner rate specified in the
separate schedule entitled "Daywork Learner Rate Structure." His rate will be
reviewed at regular intervals and increases will be granted consistent with his
progress in learning and performing the work assigned. Not later than the time
limits set forth in the schedule, the employee's learner rate will be
discontinued and the employee will be paid a rate within the rate range of his
classification in accordance with all other provisions of the Plan.
9. OVERTIME AND INVENTORY
-------------------------
An employee assigned to work outside his regular working hours
or during inventory will be paid the rate applicable to such work.
SECTION 11.12.
A. PIECEWORK WAGE PAYMENT PLAN
1. PURPOSE
----------
The purpose of the Piecework Wage Payment Plan is to encourage
high employee productivity by enabling employees to attain piecework earnings in
direct relation to their productivity.
2. DEFINITIONS
--------------
"SELECT TIME" The select time for an operation is the time
required for a skilled pieceworker to perform the operation when working under
standard working conditions and under full incentive stimulation. Select time
does not include allowances for incidental duties, fatigue, personal, delays,
etc.
"STANDARD TIME" The standard time for an operation is the total
time established for the performance of the operation. The standard time is
based on select time,
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but includes allowances added for incidental duties, fatigue, personal, delays,
etc.
"PRODUCTION STANDARD" The production standard for an operation
is the number of pieces which will be produced per hour when the operation is
performed within the standard time. The production standard is computed by
dividing the standard time into 60:
Production Standard = 60
-------------
Standard Time
"BASE Rate" The base rate is the monetary rate used to calculate
piecework pieces and is the rate of pay an employee will earn on a priced
piecework operation when producing the number of pieces per hour equal to the
production standard. The base rate is also used as the minimum earnings
guaranteed a pieceworker when working on a priced piecework operation and for
other purposes described below.
"HOURLY RATE" The hourly rate is a rate of pay which is paid to
pieceworkers under certain circumstances when not working on a priced piecework
operation. The hours rate is six and a quarter percent (6.25%) above the base
rate. The application of the hourly rate is described below.
"EARNING OBJECTIVE" The earning objective is the rate of pay an
employee will earn on a priced piecework operation when exceeding the production
standard by twenty-five percent (25%).
3. STANDARD ALLOWANCE IN STANDARD TIME
--------------------------------------
After the select time and incidental allowance included in the
time study of an operation are totalled, a standard allowance shall be
calculated as follows:
(a) Nineteen and four tenths percent (19.4%) of such total shall
be added to bring the select time and incident allowances up to the industry
concept of normal performance and to cover personal time, fatigue, an
miscellaneous delays. The time required for personal time, fatigue and
miscellaneous delays will vary from day to day. The standard allowance covers
the average time required.
(i) The allowance for personal time compensates for up to
thirty (30) minutes per day to meet washroom and other personal needs.
(ii) The allowance for fatigue covers all piecework
operations, taking into consideration:
a. Employees are reasonably suited for
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the classification to which they are assigned and, therefore,
are capable of performing the work without undue strain.
b. Standard times compensate for all measurable items,
such as weight, distance, etc., in terms of time.
c. Classifications are evaluated to compensate for
working conditions.
(ii) The allowance for miscellaneous delays compensates for
delays of six (6) minutes duration or less which are not included in
the time study, such a job variations, interruptions, normal make
ready, normal clean-up, change-over from one operation to another,
punching job tickets in and out where required, recording pieces
produced, making out time-cards, receiving instructions, etc.
(b) Twenty-five percent (25%) of the total arrived at in the
preceding paragraph (a) shall be added to provide the opportunity to exceed the
production standard through the application of incentive effort by the
pieceworker.
4. PIECEWORK RATE STRUCTURE
------------------------
The piecework rate structure shall be as set forth in the
separate schedule entitled "Piecework Rate Structure"
5. PIECEWORK PRICES
----------------
Piecework prices are computed by multiplying the standard time
by the base rate times 100 and dividing by 60.
Piecework Price per 100 = STD. TIME X BASE RATE X 100
-----------------------------
60
6. APPLICATION OF STANDARDS AND PRICES
-----------------------------------
Established production standards and piecework prices shall
apply to an operation only when the methods and conditions are precisely the
same as those upon which the standards and prices are based.
(a) An established production standard and piecework price for
an operation shall not be changed so long as the methods and conditions
remain precisely the same as those upon which the standard and price
are based, except that arithmetical and clerical errors may be
corrected at any time.
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(b) When a change occurs in the methods or conditions upon
which the standard and price are based, the standard and price shall
not be applicable to such changed operation.
(c) The Company will establish standards and prices on
piecework operations without undue delay.
(d) There shall be no limit on the earnings a pieceworker may
earn provided:
(i) The employee performs the operation under the precise
condition and methods on which the production standard and
piecework price are based.
(ii) The employee maintains the quality standards
required on the operation.
(iii) Time paid by the hour is accurately recorded.
7. SPECIAL PIECEWORK PRICES
------------------------
A special piecework price may be established for a temporary
period during which an operation is performed under one or more of the following
conditions:
(a) Tooling, methods, or material are under investigation, and
have not yet been approved for establishment of the permanent standard
and piecework price.
(b) An operation is changed and is not yet ready for the
establishment of the permanent standard and the piecework price.
(c) An operation is performed under methods or conditions
different from those upon which the standard and price are based, and
such methods or conditions are not adopted as an approved change.
8. ALLOWANCE PAYMENTS
-------------------
Allowance payments in addition to piecework earnings will be
paid under certain circumstances:
(a) Payment of Average Earnings.
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An Employee will be paid an allowance at his average earnings for the following:
(1) Instructing other employees.
(2) Performing no-price set-up or tear down operations for
other employees/
(3) Acting as an assistant supervisor or leader.
(4) Attending meetings called by the Company
(5) ▇▇▇▇▇▇▇ attending grievance meeting with management.
(6) Employee representative attending safety committee meeting
with management.
A pieceworker's average earnings shall be computed an the basis of his
average hourly earnings for the first four (4) of the last six (6) weeks worked
prior to the week in which the allowance is paid, excluding night shift
differential and premium pay for overtime worked. However, no week in which the
employee has worked less than twenty (20) hours, nor any week in which the
employee's average earnings are adversely affected as the result of an
on-the-job injury, shall be used for such computation; in this event, the next
prior week in which he has worked twenty (20) or more hours shall be used. An
employee who has been transferred to a piecework classification within the last
six (6) weeks prior to the week in which the allowance is paid shall have his
average hourly earnings for the entire period of such recent assignment to
piecework up to and including the day before the payment of the allowance,
excluding night shift differential and premium pay for overtime worked.
(b) Payment of Hourly Rate
(1) An employee will be paid an allowance at the hourly rate of his
classification for the
following:
a. Performing no-price piecework operations.
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b. Performing extra work not covered by a piecework price where
the time necessary to perform such extra work can be accurately
estimated.
c. Standing by or performing a substitute assignment other than
a priced piecework operation in lieu of idle time during any period in
excess of six (6) minutes where a delay of more than six (6) minutes
occurs while an employee is working on a period piecework operation.
d. Reworking materials, parts, or assemblies where no standard
and piecework price are established.
e. Grievant attending grievance meetings with management.
f. Employee injured on the job, for time lost on day of injury
as provided in Section 10.2.
(2) An employee will be paid an allowance to bring his earnings up to
the hourly rate of his classification during any period when he is directed to
continue operating a priced piecework job under conditions or methods which
impede his output, where such methods or conditions are other than those upon
which the standard and price are based.
(3) An employee will be paid an allowance at the hourly rate two (2)
labor grades higher than the hourly rate for his classification for setup or
tear-down of a machine when changing over from one operation to another, where
such work is not covered by a standard and price.
(c) Payment of Base Rate.
(1) An employee will be paid an allowance to bring his earnings up to
the base rate of his classification for the time that he works on each priced
piecework operation.
In order to be eligible for such allowance, the employee shall notify
his supervisor in advance and the time the job is started and completed will be
recorded and initialled by both the employee and the supervisor. Deductions will
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be made from the recorded time for any period during which the employee is paid
an allowance based on time, or for time away from the job for personal time in
excess of that allowed in the piecework price or for lunch.
(2) An employee who due to his own fault produces faulty pieces or
performs work on faulty pieces or performs work on faulty material or pieces
while working on a priced piecework operation, where the quantity of such faulty
pieces is in excess of the acceptable percentage of faulty pieces shall be paid
as follows:
a. He shall not receive credit for the excess number of faulty
pieces in calculating his piecework earnings.
b. He shall be paid the base rate for time spent in producing
such excess number of faulty pieces. The allowance shall be computed by
the formula:
Allowance = 80% x no. faulty pcs. x price.
This provision shall be inoperative if the employee has already
received his pay at the time of the discovery of the error, or if the
Company uses the faulty pieces without increased cost for inspecting,
sorting, reworking, or for paying special rates or allowances.
(d) In order to be eligible to receive an allowance as provided herein,
an employee shall notify his supervisor of the condition for which an allowance
is payable.
Allowances shall not be paid for any time prior to such notification.
(e) An employee will not become eligible to receive the allowance
payments set forth herein until he has demonstrated by actual performance that
he can consistently maintain piecework earnings equal to or higher than the
hourly rate for his classification. Until such time an employee reaches the
required level of output, he shall be paid for such allowance conditions at a
rate between the base rate and the hourly rate of his classification on a merit
rating basis.
9. LEARNERS
--------
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An employee newly assigned to a classification in labor grades 3
to 7 may be identified as a learner and paid a rate between the base rate less
10% and the hourly rate of his classification on a merit rating basis, such rate
to be paid for total time worked, whether on priced or no-priced piecework
operations. However, not later than the time limits set forth below, the
employee's learner rate will be discontinued and the employee shall be paid in
accordance with all the other provisions of the Plan.
Labor Grade Time Limit
----------- ----------
3 2 weeks
4 4 weeks
5 8 weeks
6 16 weeks
7 26 weeks
10. OVERTIME ASSIGNMENTS
--------------------
A piecework employee assigned to work other than priced
piecework operations outside his regular working hours or during inventory shall
be paid the rate applicable to such work.
B. GROUP INCENTIVE PLAN
--------------------
In any case where two or more Employees are working on an
incentive part, they will be paid in accordance with a group incentive rate as
established by the Company. Such rate will be the existing incentive rate as
measured by the count of finished parts produced by the group.
C. Notwithstanding anything to the contrary in Section 11.12 above, the
Company will have the right to set standards using MTM or Watchtime methods.
SECTION 11.13. NOTICE OF RATES. When the Company changes a
piecework rate in accordance with the provisions of this Agreement, the Union
▇▇▇▇▇▇▇ and the Union will be given written notice of such change prior to its
being placed into effect. The Union ▇▇▇▇▇▇▇ and the Union will be given the
following:
a. Data explaining the reason for the change and supporting the
accuracy of the new rate;
b. Upon request, a meeting with management, consisting of no more than
3 employees in the affected area, to discuss the new rate;
C. An opportunity to study the rate with an expert selected by the
Union and to present the findings to
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the Company.
The Company will be entitled to put the new rate into effect after
notice to the Union ▇▇▇▇▇▇▇; provided that any subsequent disagreement with the
rate that cannot be resolved after the above requests have been satisfied will
be subject to the grievance procedure.
ARTICLE XII
INSURANCE
---------
SECTION 12.1. AGREEMENT TO CONTRIBUTE. The Employer agrees that
for each employee with thirty (30) days or more of service and in the active
employ of the Company (except as modified in Section 12.9(b) and Section 12.9(c)
of this Article), it shall make the monthly contributions to the Central States
Joint Board Health and Welfare Trust Fund for coverage under its "Plan B" as
follows:
SECTION 12.2. INITIAL CONTRIBUTIONS. Effective January 1, 1995,
the contributing employer agrees to pay on behalf of each eligible employee as
described in Section 1 into the Central States Joint Board, Health & Welfare
Trust Fund, an amount not to exceed $205.00 per month.
SECTION 12.3. SUCCEEDING CONTRIBUTIONS. Effective January 1,
1996, and January 1, 1997, the contributing employer agrees to pay on behalf of
each eligible employee as described in Section 12.1 into the Central States
Joint Board, Health and Welfare Trust Fund, an amount that shall not exceed the
previous year's rate by more than 18%. The actual contribution level shall be
determined after completion of an actuarial study of the Fund.
The contributing Employer shall be notified in writing of the
monthly contribution actuarially determined not later than 60 days preceding
January 1, of each year.
SECTION 12.4. PURPOSES. The Fund shall use these payments for
purposes permitted under the Trust Agreement and to provide health, welfare,
death and such other benefits as permitted by said Trust Agreement, as amended,
from time to time, and by Section 302(c) of the Labor Management and Relations
Act of 1947 and the Employee Retirement Income Security Act of 1974.
SECTION 12.5. IRREVOCABLE TRUST. The Union represents that the
Fund is an irrevocable Trust heretofore created by an Agreement and Declaration
of Trust (Trust Agreement), pursuant to Collective Bargaining Agreements between
certain employers and the Union.
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SECTION 12.6. REPRESENTATION AS TO LAWFULNESS AND OUALIFICATION.
(a) The Union represents to the Company that said Trust is lawful and is
qualified under all applicable provisions of the Internal Revenue Code, so that
all contributions by the Company will be deductible for income tax purposes; and
the obligation of the Company to contribute to the Trust shall cease at any time
the Fund loses its qualification under the Internal Revenue Code.
(b) The Company's sole liability shall be for the payment of the
monthly contributions set forth in Sections 1, 2, & 3, of this Article and in no
way guarantees payment of the benefits established by Trust Fund nor the
solvency of the Fund.
SECTION 12.7. JOINT ADMINISTRATION. The Union represents that
this Fund is administered jointly by Trustees equal in number appointed by the
Union and appointed by the Employers who contribute to the Fund.
SECTION 12.8. AUTHORITY OF TRUSTEES. The Trustees of the Fund
shall have the sole power (a) to construe the provisions of the Trust Agreement
and rules and regulations and all terms used therein, and (b) to determine all
disputes with respect to eligibility, the right to participate in benefits of
the Fund, time, method of payment, payment during periods of Employee illness or
disability, methods of enforcement of payment and related matters, and any
construction adopted and any determination made by the Trustees in good faith
shall be final and binding upon all Employers, Employees, participants, legal
representatives, dependents, relatives and all persons and parties.
SECTION 12.9. EMPLOYER PAYMENTS. The Employer payments to the
Fund shall be as follows:
(a) The amount per Employee per month shall be paid for each
Employee covered by this Agreement by the 10th of the month next
following the end of the Employee's probationary period and by the 10th
of each month thereafter, and who has received at least eight (8) hours
of compensation for that month, including the month in which an
employee terminates active employment.
(b) If a covered Employee is absent because of
non-occupational illness or injury, the Employer shall pay the required
payment for a minimum of Two (2) additional month(s) following the
month in which the illness or injury occurred.
(c) If a covered Employee is absent because of occupational
illness or injury, the Employer shall pay the required payment for a
period of two (2) month(s).
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SECTION 12.10. DELINQUENCIES.
(a) Whenever the Trustees of the Fund determine thatthe Company
is delinquent in making payments to the Fund, as required undernthis Article or
the rules and regulations of the Fund then the Company shall be responsible for
any losses of any Health & Welfare benefits resulting thereby and agrees to make
full reimbursement to the Fund for all costs incurred in the collection of said
delinquencies or the enforcement of this Article.
(b) The Union also may elect to submit the issue of
delinquencies to the grievance-arbitration procedure. In the event a judgment by
a court of competent jurisdiction or an arbitrator against the Company for
payment of such delinquencies is not complied with within three (3) weeks after
such award is sent by registered or certified mail to the Company, the Union may
order a strike or picketing to enforce the judgment or award, notwithstanding
the provisions of Article III of this Agreement. Upon compliance with the
judgment or award, such activity shall cease.
SECTION 12.11. CORRECTIONS OF ERRONEOUS CONTRIBUTIONS. No
payment of credits, due to contributions made by the employer for an
ineligibleemployee, or for family plan premiums submitted in error, shall be
allowed if claim for such credit is not made on or prior to the last day of the
month for which the report containing the error was due and payable.
SECTION 12.12. SUPPLEMENTAL COVERAGE. Effective January 1, 1991,
employees shall pay $8.00 per week to the Company, and the Company shall pay the
cost to provide the following insurance benefits, which supplement the benefits
provided by the Central States Joint Board Health and Welfare Trust Fund Plan B:
LIFE INSURANCE (employee only) -- $10,000.00
SICKNESS AND ACCIDENT (Non-Occupational, employee only) 65% of
salary for employees with 3 years or more seniority, and 60% of salary
for employees with less than 3 years seniority, to a maximum weekly
benefit of $300.00 from the first day of an accident, eighth day of an
illness, for a maximum of 26 weeks.
DENTAL (Employee Only as per Plan B) After a payment of $500 in
any one year by the Central States Joint Board, Health and Welfare
Trust Fund pursuant to its published schedule of procedures existing as
of the date hereof, the Company will supplement such benefits by
extending said published schedule of procedures to a
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maximum overall payment by the Company of $500 per individual.
The provisions of this Section 12.12 are subject to the terms
and provisions of the insurance policy or policies issued by the insurance
carrier. Provided that these benefit levels are maintained, the Company may
unilaterally change insurance carriers of such supplemental benefits during the
term of this Agreement in order to obtain cost or administrative advantages.
Employees shall, as a condition of obtaining such supplemental
benefits, execute such reasonable authorizations permitting payroll deductions
of $8.00 per week as the Company may from time-to-time request. Employees shall
be required to provide reasonable and adequate data to substantiate claims
pursuant to this Article.
SECTION 12.13. The Union will provide the Company with
reasonable claims experience information annually as requested by the Company.
ARTICLE XIII
PENSION PLAN
------------
Employees will be covered by the Health-O-Meter, Inc. 401(k)
Plan which will be administered in accordance with its terms and applicable law.
No Company action respecting the plan nor any disputes relating to the Plan will
be subject to arbitration under this agreement, unless otherwise mutually agreed
by the parties in writing.
ARTICLE XIV
WAIVER AND ENTIRE AGREEMENT
---------------------------
The parties acknowledge that during the negotiations resulting
in this Agreement, each had the unlimited right and opportunity to make demands
and proposals with respect to any and all subjects or matters not removed by law
from the area of collective bargaining and that the understandings and
agreements arrived at by the parties after exercise of that right and
opportunity are set forth in this Agreement and in any future Letters of
Understanding. Therefore, the Company and the Union each voluntarily and
unqualifiedly waive the right, and each agrees that the other shall not be
obligated to bargain collectively with respect to any subject or matter referred
to
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or covered in this Agreement, unless specifically provided in this Agreement
to the contrary, even though such subject or matter may not have been within the
knowledge or contemplation of either or both of the parties at the time that
they negotiated or signed this Agreement.
All rights and duties of both parties are specifically expressed
in this Agreement and in any future Letters of Understanding and such expression
is all-inclusive. This Agreement and any future Letters of Understanding
constitute the entire agreement between the parties and concludes collective
bargaining for its term except for the Grievance and Arbitration procedures set
forth in Article VII, and the matters referred to in Article X, Section 10.5.
ARTICLE XV
DURATION-OF AGREEMENT
---------------------
This Agreement shall remain in full force and effect until
Midnight, November 13, 1997 and shall thereafter be continued for annual periods
unless notice of termination is given in writing by registered or certified mail
by either party at least sixty(60) days prior to November 13, 1997 or any
subsequent annual expiration date.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals as of the day and year first above written.
MANUFACTURING, PRODUCTION IND
SERVICE WORKERS UNION, LOCAL HEALTH-O-METER, INC.
NO. 24, AFL-CIO
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Business Representative Director of Operations
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EXHIBIT A
JOB OPENING
Date:_____________________
Department_____________________________________________________________________
Occupation_____________________________________________________________________
_______________________________________________________________________________
Classification_________________________________________________________________
PIECEWORK RATE DAYWORK RATE
-------------- ------------
Base_____________________ Min.__________________________
Earning objective
(25%) over base_____________ Control_________________________
If you wish to be considered for this job, apply at the
Personnel Office.