[OMNIQUIP/SKY TRAK LOGOS]
LABOR AGREEMENT
Entered into by:
TRAK International Inc.
▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
And
▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇▇ ▇▇. ▇▇
International Association of Machinist and Aerospace Workers
November 1, 1998
To
October 31, 2003
[HANDSHAKE LOGO]
TABLE OF CONTENTS
Management Clause------------------------------------------------- 2
Grievance Procedure----------------------------------------------- 3
Seniority
Temporary Layoffs---------------------------------------- 5
Job Postings--------------------------------------------- 6
Loss of ------------------------------------------------- 7
Temporary Transfers-------------------------------------- 9
Vacation---------------------------------------------------------- 9
Hours & Overtime------------------------------------------------- 11
Double Time--------------------------------------------- 12
Shift Premium------------------------------------------- 13
Holidays--------------------------------------------------------- 14
Pay Provisions--------------------------------------------------- 14
Jury Duty----------------------------------------------- 15
Funeral/Bereavement------------------------------------- 15
Safety----------------------------------------------------------- 16
Benefits
Group Insurance (Health, Life, S&A, etc.)--------------- 18
401 (k) Savings Plan------------------------------------ 20
No Strike - No Lockout------------------------------------------- 20
Plant Closing---------------------------------------------------- 22
AGREEMENT
This Agreement made and entered into this 1st day of November 1998 by and
between TRAK International Inc. in Port Washington, Wisconsin, hereinafter
referred to as the company and District 10 of the International Association of
Machinists and Aerospace Workers, Milwaukee, Wisconsin, hereinafter referred to
as the Union is set forth to establish principles and harmonious labor relations
for the exclusive use of the contracting parties.
ARTICLE I
RECOGNITION
1.00 The Company hereby recognizes District No.10 of the International
Association of Machinists and Aerospace Workers as the exclusive
bargaining agent for all production and maintenance employees of the
Company's plants in the Port Washington, Wisconsin area in the
Milwaukee, Wisconsin area, but excluding office and clerical employees,
and supervisors as defined in the National Labor Relations Act as
amended. Supervisors must have full authority to hire, fire, and
recommend wage increases subject to the regular Company policies, and
shall not work on the jobs normally performed by production employees,
except to the extent necessary in instructing employees during job
runs, provided, however, that any such overall work performed shall not
exceed 20% of the normal work week. If development of prototype parts
or machines is performed on site, bargaining unit employees will be
used for the majority of the activities. Salaried personnel will
participate as needed up to 20% of the work to assist training
bargaining unit employees, performing sample trials, and evaluations
including test.
1.01 As a condition of employment, all employees covered by this Agreement
shall no later that the 61st work day after the date of the execution
of this Agreement, or in the case of new employees, no later than the
61st work day after the date of hiring, becoming members of the Union
and remain members of the Union in good standing during the term of
this Agreement.
1.02 Check-off. For the duration of this Agreement, the Company
agrees to deduct the regular monthly Union dues and/or initiation fee
from the pay of each employee who executes and delivers to the Company
a written authorization for such deductions, which authorization shall
be in a form acceptable to the Company and such authorization shall be
irrevocable for the period of one (1) year, or until the termination of
the Agreement, whichever occurs sooner; such authorization shall be
automatically renewed and shall be irrevocable for successive periods
of one (1) year each or for the period of each succeeding applicable
collective agreement between the Company and the Union, whichever
occurs sooner, unless written notice is given by the employee to the
Company and the Union at least thirty (30) days prior to the expiration
of each period of one (1) year, or of each applicable collective
bargaining agreement between the Company and the Union, whichever
occurs sooner.
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All deductions shall be made from the second paycheck to be delivered
to the employee each month, beginning with the month following receipt
by the Company of his authorization. All amounts deducted each month
shall be paid by the Company to the Union official certified by the
Union as authorized to receive them on the Union's behalf.
1.03 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 Section 1.02.
1.04 The parties mutually agree that there will be no discrimination to any
employee or applicant for employment based on race, creed, color,
religion, sex, age, national origin, disability, disabled veteran and
Vietnam era veterans, or other area of prohibitive discrimination.
Throughout this Agreement, a masculine pronoun shall be deemed to
include the feminine. All employment decisions shall be based on the
principles of equal opportunity and affirmation action. All acts of
discrimination and/or harassment (including sexual harassment) shall be
subject to disciplinary action up to and including discharge.
ARTICLE II
MANAGEMENT CLAUSE
2.00 Except as otherwise expressly limited by this Agreement, the management
of the Company's plant and business and the direction of the working
force, including the rights to plan, direct, and control operations in
the use of all equipment and other property of the Company are vested
exclusively in the Company and include, but are not limited to: hiring,
suspending, or discharging of employees for proper cause, transferring
or relieving employees from duty for lack of work or other legitimate
reasons, right to study or introduce improved production methods,
facilities, and the right to establish reasonable rules. Such rights
shall be exercised in accordance with the terms of this Agreement,
subject to the grievance procedure. The Company shall have the sole
right to make such technical and other changes in operations, as it
deems necessary and as a result of the introduction of new work or the
installation of new machinery or processing or for any other reasons.
All functions of management not herein relinquished or limited shall
remain vested in the Company.
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ARTICLE III
GRIEVANCE PROCEDURE
3.00 Should differences arise between the Company and its employees either
individually or collectively as to the meaning and application of the
provisions of this Agreement or should differences arise about matters
within the framework of this agreement an ▇▇▇▇▇▇▇ effort shall be made
to settle such differences at the earliest possible time by use of the
following procedures.
3.01 Step #1. An aggrieved employee or employees shall present his or their
grievances to his or their department supervisor accompanied, if the
employee or employees so desire, by a committee person within two (2)
working days of union knowledge of the event causing the grievance. The
supervisor shall respond with an answer within two (2) days during the
regular work week.
3.02 Step #2. If not settled at Step #1, the grievance shall be presented in
writing and signed by the aggrieved employee(s) to a member of the
Union Committee, who will in turn present two copies of the grievance
to the Director of Manufacturing, Human Resources Manager or a duly
appointed Company representative within three (3) working days
following Step #1.
Grievances will be dated and should refer to a specific article and
section number and the corrective action desired.
Management will have three (3) working days to write an answer to the
grievance and return it to the Union Committee.
The final disposition will be written in the place provided on the
front of the grievance form.
3.03 Step #3. If the grievance is not settled in the second step, the
grievance shall then be taken up by the Union Committee and
representative of the Union and a designated representative or
representatives of the Company, within thirty (30) calendar days of the
second step response.
3.04 Step #4. In the event the parties cannot agree in the third step, the
dispute may then be referred to arbitration. This must be done within
twenty (20) working days from the completion of Step #3 or the
grievance will be deemed resolved.
The arbitration procedure shall be as follows:
a) The party raising the issue shall notify the other party by
certified mail, return receipt requested, informing them that they
are carrying the grievance to arbitration. The notification shall
include the identity of the grievant(s), the identification of the
issue(s), the remedy desired, and the claimed violation(s), if
any, of the Labor Agreement.
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b) The party desiring arbitration shall request the Federal Mediation
and Conciliation service to submit to the parties a panel. Within
ten (10) working days after receipt of such panel the parties
shall meet for the purpose of selecting an arbitrator from such
panel. Each of the parties shall alternately strike one name from
the panel until the name of only one person remains and such
person shall be the arbitrator. The determination of the party to
strike the first name shall be made by the flip of a coin. The
foregoing procedure for the selection of an arbitrator may be
waived if the parties mutually agree upon an arbitrator.
(c) The arbitrator's decision shall be rendered in writing and
shall be final and binding upon the Company and the Union.
(d) The Arbitrator shall not have the power to add to, or change
any of the provisions of the Agreement.
(e) Each party will bear its cost of the arbitration. The expenses
and fee of the arbitrator will be shared equally by the Union
and the Company.
All time limits set forth in the foregoing steps may be
extended by mutual agreement of the parties.
3.05 Any employee facing suspension or discharge will be granted Union
Representation with management prior to the suspension or discharge
being effected. Should a grievance result from a suspension or
discharge, it will be introduced at and as provided in Step #3 of the
Grievance Procedure.
3.06 Grievances involving disciplinary action against employees that result
in loss of work or disqualification for job opportunity resulting in
loss of pay or benefits shall not be initiated more than six (6)
working days from the date the action first became the Union's
knowledge.
3.07 General wage negotiations, agreement negotiations and including
amendments to the Agreement are excluded from the grievance procedure
above set forth and, therefore, are not arbitrable. Arbitration is not
intended and shall not be construed in any way so as to qualify or
change any of the terms or provisions of the Agreement.
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Article IV
SENIORITY
4.00 An employee's seniority is based upon the length of continuous
employment both with the Company and the predecessor company, shall
begin from the date of hiring after completion of sixty (60) working
days, which shall constitute the probationary period. Seniority
includes the accumulated time an employee is on the payroll of the
Company whether working or laid off, for a period of absence due to an
injury or illness and for period of approved leaves of absence, all
subject to the other provisions of the seniority clause. Seniority for
employees with the identical dates of hire will be determined through
the use of the last six digits of their social security number.
Comparison of those numbers will produce a lowest sequential number and
that employee will be senior. Seniority will apply on a company wide
basis for the unit covered by this Agreement and will govern the
process of layoff and recall only provided the senior employee
processes the necessary skills to do the available job in an acceptable
manner.
Employees, if transferred from this bargaining unit to jobs outside the
bargaining unit, shall have his or her Accumulated seniority frozen as
of the date of transfer for one year, and may return to the bargaining
unit one time to any available job. For the purpose of promotions,
transfers, and job posting, seniority will apply on a company wide
basis for the unit covered by this Agreement provided the senior
employee possesses the necessary skills to perform the job in an
acceptable manner.
4.01 Layoffs. In the reduction of the working force, the following
procedure will be followed:
(a) The Company and Union will discuss pending layoff/recalls before
notification.
(b) Temporary Layoffs. Temporary layoffs of five (5) days (Monday thru
Friday inclusive) are allowed within department and classification
without Company-wide seniority or notice restrictions provided:
(1) Employees affected are notified and given the option
to volunteer for temporary layoff and/or:
(2) That in the event the volunteer option above does not
satisfy the reduction requirement, seniority shall be
honored but only within the departments and
classifications affected after all possible temporary
transfers are filled.
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(3) This provision does not exceed three (3) occurrences
per year per department and classification.
(4) Temporary layoff will not be applied in any way to
affect the employee's benefits and holidays otherwise
set forth in this Agreement.
(c) Indefinite Layoff
(1) Before layoff of any employee, the Committee and
affected employees will be given five (5) working
days notice of a forthcoming layoff.
(2) Senior employees will be transferred or moved from
one job classification to another consistent with the
employee's skills provided:
(a) The employee has successfully performed the
job in the past, or the Company has
determined the employee can do the job after
a maximum of five (5) days of training and
evaluation, or
(b) The job is a lower labor grade.
(d) The applicable job rate will apply with first Monday of job
change, due to force reduction.
(e) An employee may refuse a transfer to a job two or more labor
grades lower than his home base labor grade and upon layoff
shall retain his seniority, but must report as provided in
4.05 ( c ) below upon recall to a job within one (1) labor
grade of his home base grade of his home base grade.
4.02 Recall. In the event of an increase in the work force, the Company
shall follow the procedures listed in Section 4.01 in reverse.
Thereafter-new employees may be hired.
4.03 Job Posting. All job vacancies, including new jobs, will be posted for
two (2) working days. Bids for these jobs will be on a Company-wide
basis. Job posting bid sheets shall indicate the maximum number of job
openings. Any jobs not awarded or filled by new hire thirty (30) days
from the date of posting shall be reposted. The following procedure
will be observed:
(a) Employees may make an application stating why they want to
change and state their skills. The Company agrees to give such
applicant careful consideration and to make such changes
provided the employee possesses the skills to do the job in an
acceptable manner.
(b) When bids are posted, before award is made, the Supervisor,
Team leader and Union ▇▇▇▇▇▇▇ for that area will meet to
decide either (a) who gets the award (b) the order in which
the bidders receive a trial bid. If this team is unable to
decide, the matter will be referred to the Mutual Interest
Group. When skills to perform the job in an acceptable manner
are relatively equal, seniority will prevail subject to
provisions of the seniority article.
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(c) In the event the employee does not qualify during the trial
period of ten (10) working days, he shall be returned to the
former job he bid from provided he possesses more seniority
than an employee in that former classification. If not, the
employee may exercise his seniority within the company on
existing vacancies provided he/she has the appropriate skills.
The employee shall not be allowed to bid on any other job for
six (6) months following disqualification of himself or three
(3) months if the Company disqualifies the employee.
(d) Two (2) weeks after job bidding, the selected employee and
Union will be advised as to his/her selection for the job.
Every effort will be made to move the successful bidder to the
new position within sixty (60) days. This does not guarantee a
job until such job is available. After thirty (30) days if the
selected employee is not moved he shall receive the pay of the
job awarded.
(e) When employees bid down, said employees cannot bid for six
months.
(f) Employees shall be limited to one successful job bid in any
six (6) month period.
4.04 The above sections shall be administered by the following rules:
(a) In downgrading, the affected employee will retain his relative
position in the new rate schedule.
(b) In upgrading or lateral movement, the affected employee's base
hourly wage will be reduced by twenty-five cents ($.25) for a
period of thirty (30) days. During this period, the employee
will improve his skill and knowledge in his new
classification. After thirty (30) days, the employee will
receive $0.25 and move to the next level in the wage matrix
for that labor grade.
4.05 Seniority shall cease upon:
(a) Justifiable discharge.
(b) Voluntary quitting.
(c) Failure to comply with recall policy.
(1) It is the obligation of every employee, including those
on layoff,to keep the Company informed in writing of
their correct home address and telephone number. The
Company's obligation in connection with recall shall end
with a notice of recall sent by the Company by certified
mail to the employee's current address as shown on the
records of the Company.
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(2) Employees on layoff must report within three (3) working
days, to their regular job or any job in the next lower
labor grade compared to their home base labor grade,
after receiving written notice by certified mail,
receipt requested. This does not apply to an employee,
who by reason of illness or other good cause, is not
able to report and so advises the Company within the
three (3) day period.
(3) Employees on layoff who are offered employment, and are
not working elsewhere, on jobs other than his regular
job prior to lay off, or within one (1) labor grade of
his home base grade shall be given three (3) work days
to accept such job. If the employee is not working
elsewhere and such job offer is not accepted, the
employee will be denied Unemployment Compensation
benefits by TRAK International, Inc.
(4) In contrast to number 3 above, if the employee is
working elsewhere, and such job offer (other than his
regular or within one (1) labor grade of his home base)
is refused, the employee will retain his seniority and
Unemployment Compensation benefit rights.
(d) Absence from work for three (3) consecutive days without
notifying the Company.
(e) For failure to return to work after a Leave of absence has
expired unless proper notification to the Company has been
made and an extension granted subject to Section 11.00.
4.06 Employees shall retain seniority for recall from layoff based upon
their seniority at time of layoffs as follows:
a) 170 Hours to one year seniority: One year seniority for
recall.
b) One year to five years seniority: Equal to seniority time for
recall.
c) Five years or more seniority: One-half (1/2) of seniority time
minimum five years for recall.
4.07 Shop Committeemen shall head the seniority list. Their employment in
their respective classification, department, and plant shall remain in
effect so long as their classification, department, and the plant is in
operation. These employees shall be compensated at their current hourly
rate for all time consumed (up to a maximum of their scheduled shift
hours) in Union activity with the Company or its representatives during
the regular work schedule at the plant.
8
Should the Committeeman be required to leave his department, their
supervisor will be notified accordingly, as to where he is going, who
he is going to see, and why. Upon arrival the employee(s) involved will
also receive an appropriate card on which shall be noted the time
started Union activity. When the Committeeman and employee are
finished, their time of return to work shall be on the card. Such time
charged for Union activity shall continue until the card is returned to
the supervisor.
4.08 Employees returning from military service shall be reinstated under
Government rules and regulations.
4.09 When necessary to either downgrade or remove an employee from the job
due to some physical impairment, both parties to this Agreement shall
decide this issue as favorable as is possible for the individual
through the terms of the Labor Agreement.
4.10 Temporary transfers shall not exceed three(3) terms of thirty (30) days
each or one (1) term of ninety (90) consecutive days. If the job then
appears to be permanent, it shall be posted in accordance with Section
4.03 of this Agreement. The term, temporary transfer, does not apply
where employees are absent, on vacation, or out of work in the
employee's classification. Temporary transfer pay will be handled as
follows: When an employee is assigned work in a higher paying
classification, the employee will immediately be paid the higher rate
of pay. However, should an employee be assigned to a lower rated
classification, the employee would retain his present rate of pay.
ARTICLE V
VACATIONS
5.00 Subject to the following requirements, each of the Company's employees
to whom this Agreement is applicable shall be granted a vacation with
pay, including night shift premium.
Earned Vacation Schedule:
Length of Employee's Minimum Number Percent Vacation Minimum Vacation
Seniority to of Vacation Days Pay of All Hours
Anniversary Date Earned Earnings
0 but less than 1 year 5 days 2.10% 0
1 but less than 2 years 5 days 2.10% 40
2 but less than 3 years 6 days 2.52% 48
3 but less than 4 years 7 days 2.94% 56
4 but less than 7 years 10 days 4.20% 80
7 but less than 8 years 11 days 4.62% 88
8 but less than 10 years 12 days 5.04% 96
10 but less than 16 years 15 days 6.30% 120
16 but less than 17 years 16 days 6.72% 128
17 but less than 18 years 17 days 7.14% 136
18 but less than 19 years 20 days 8.40% 160
19 but less than 20 years 21 days 8.82% 168
20 but less than 21 years 22 days 9.24% 176
21 but less than 22 years 23 days 9.66% 184
22 years or more 25 days 10.50% 200
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5.01 Employees may arrange for prepaid vacations which are five (5) days or
longer by completing a Request for Prepaid Vacation form and submitting
it to their supervisor at least seven (7) days prior to the Monday of
the vacation period.
5.02 The employee's W-2 form last issued by the Company with the Federal
Government shall be used in computing the employee's vacation benefits
in accordance with the above schedule. Employees shall be paid the
amount of the percent vacation pay of all earnings or the minimum
vacation hours earned, whichever is greater as provided in this
Article.
5.03 An Employee's Percentage Vacation Pay as provided for above shall be
derived by computing his total earnings together with any bonus,
vacation pay, and holiday pay granted. Time lost due to illness of one
(1) week or more duration but not more than (10) weeks in any
anniversary year and time lost due to a compensable accident shall be
counted as time worked in computing vacation pay on the basis of eight
(8) hours per day and forty (40) hours per week.
5.04 An employee who is laid off indefinitely shall be paid vacation pay at
the appropriate percentage of his previous year's W-2 form. Employees
will not be paid the minimum hours. Employees who were laid off have
the option to take pro-rated vacation or not after recall. Employees
not recalled during the year may request their vacation pay.
5.05 In the event the company designates a specific week(s) as a general
shutdown, notice will be posted as soon as possible or a minimum of
three(3) months advance notice will be given.
5.06 Vacation shall be granted at such time during the year as the
management finds most suitable, considering both the wishes of the
employee and the efficient operation of the department concerned.
Insofar as practical, employees with the highest seniority shall be
given preference of date.
5.07 Vacation Choice Slips will be distributed to employees the first (1st)
Monday in February on the vacation year.
By the third (3rd) Monday in February, all employees shall select, by
seniority, up to two (2) weeks of their vacation, for approval, after
which the selection of the third (3rd) and fourth (4th) weeks shall be
in the same manner.
Employees who do not respond with vacation choices by the third (3rd)
Monday in February loose their right of exercising seniority preference
for vacation time off for the rest of the vacation year.
Employees will be informed by the fourth (4th) Monday in February as to
the status of their vacation requests. Should employees' original
requests be denied, they will be allowed other choices providing their
first requests were filed timely.
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5.08 Vacations should be taken in multiples of five (5) consecutive working
days. Employees with more than one (1) week may take odd days at a time
other than the full week period. However, employees shall be allowed to
schedule single days of vacation up to a maximum of ten (10) days.
Whenever possible, three (3) days advance notice should be given.
Employees may schedule up to 4 1/2 days of vacation provided they
obtain approval from their supervisors at least 24 hours in advance
which may be taken, using the same criteria as single days in 5.09 with
24 hour approval. Single vacations days will be granted in accordance
with Section 5.07 above and section 7.04, maintaining the efficient
operation of the department concerned.
Half-days vacation pay. When four (4) hours of vacation are used, all
hours in excess of the standard eight (8) will be paid at the
appropriate rate.
a) In cases of absence due to emergency, the employee will report
his absence and request one(1) day vacation from his supervisor.
b) When the Supervisor can spare the employee with no upset to
production, the employee and Supervisor may agree to less than
three (3) days, 24 hours, advance notice, whichever applies.
5.09 No employee shall be required to work on the Saturday or Sunday prior
to his vacation nor on the Saturday or Sunday immediately following his
vacation.
5.10 Armed Services. Any employee who is drafted or enlists for military
duty by the United States Government shall be paid such vacation pay as
he is entitled to at the time of leaving the employment of the Company
to enter such service. Such employees returning from the Armed Forces
within ninety (90) day after honorable discharge shall be given their
vacation in the year that they return to work and accorded their
accumulated seniority while they were in the service.
5.11 An employee who has completed one or more years service with the
Company who is terminated for any reason whatsoever, such employees
shall be paid any vacation benefits due such employee.
5.12 In the case of death, the vacation pay will be paid to the employee's
lawful heir or beneficiary.
ARTICLE VI
HOURS AND OVERTIME
6.00 Eight (8) consecutive hours with an assigned lapse period for lunch
shall constitute a normal day's work. Lunch periods shall be determined
by mutual agreement between the parties.
6.01 Five (5) days, Monday through Friday inclusive, shall constitute a
normal weeks work.
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6.02 The normal shift hours will be as follows, except when overtime
requires departure therefrom:
1st Shift - 7:00 a.m. to 3:30 p.m.
2nd Shift - 3:30 p.m. to 12:00 Midnight
3rd shift - 11:00 p.m. to 7:00 a.m. (starts Sunday evening)
Included in this schedule is a thirty (30) minute unpaid lunch period for the
1st and 2nd shifts and a 15 minute paid lunch period for the
3rd shift. The paid lunch period is at the employee's personal hourly rate for
the job in which he is working immediately prior to the designated lunch period.
Stated times may be adjusted to accommodate changes in production schedules when
agreed upon by the Mutual Interest Group.
The Summer Shift Hours will be from the first Monday in May to the last Friday
in October as follows, except when overtime requires departure therefrom:
1st Shift - 6:00 a.m. to 2:30 p.m.
2nd Shift - 2:30 p.m. to 11:00 p.m.
3rd Shift - 10:00 p.m. to 6:00 a.m.
Included in this schedule is a thirty (30) minute unpaid lunch period.
Stated times may be adjusted to accommodate changes in production schedules when
agreed upon by the Mutual Interest Group.
6.03 In the event a second and/or third shift operation is created,
employees with the most seniority within their classification will have
the preference of shift.
6.04 All hours worked in excess or outside of the normal scheduled eight (8)
hour shift, or the normal scheduled forty (40) hour work week shall be
paid for at the rate of time and one-half (1-1/2) the regular hourly
rate of the employee.
6.05 All employees shall be allowed a three (3) minute wash-up time before
their assigned mid-day lunch period and at the end of each shift,
except for employees in classifications granted additional time due to
the nature of their work.
Break periods will be as follows: A ten (10) minute break for regular
eight (8) hours shifts and Saturdays. A five (5) minute break to be
taken during the ninth (9th) hour of a ten (10) hour or more shift.
6.06 Double time (2x) the rate shall be paid for all hour worked:
a) Over ten (10) hours in any twenty-four (24) hour period (except
as it applies to second shift employees working Saturday overtime
commencing at 11:00 a.m. or third shift employees starting at
11:30 p.m.).
b) Over five (5) hours on Saturday.
c) Sunday.
d) Designated Holidays (in addition employees working on such
Holiday shall receive Holiday pay).
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6.07 An employee reporting for work on a regularly scheduled work day or as
instructed shall be guaranteed a minimum of four (4) hours work and/or
for (4) hours pay at their regular rate with overtime provisions stated
above applying for Saturdays, Sundays and Holidays, unless notified not
to report, at least twelve (12) hours in advance of the shift start
time. The provisions of the Section shall not apply at acts of God,
during inventory, or any act beyond the Company's control.
6.08 Insofar as is practical without reducing the efficiency of the plant,
all overtime worked in each classification within a department shall be
divided as equally as possible among the employees within the
classification with the department.*
Employees entering a classification in a department by hire, bid or
other means will be credited with the maximum amount of overtime hours
worked by an incumbent employee in that classification and department.
*Overtime records of work performed or refused shall be kept to
maintain such division and made available to the Union
Committee.
6.09 Scheduled overtime shall be when the Company notifies the employees
within one hour after lunch break of any day prior to daily overtime,
or within one our after lunch break on Thursday preceding weekend
overtime. A minimum work force of 66-2/3% of the employees in the
classification, department, and shift shall work to assure efficient
operation during scheduled overtime. On full department work scheduled
other than the normal work-week, a minimum of 66-2/3% of the overtime
in a normal week (Monday-Friday) must be worked by each employee in the
department. If an employee agrees to work overtime and then fails to
report for such overtime work, such failure shall be treated as an
unexcused absence.
6.10 All non-scheduled daily or weekend overtime shall be optional with the
individual employee.
6.11 A minimum premium rate per hour above the employee's regular hourly
rate will be paid to second and third shift workers according to the
following schedule:
Second Shift (Cents per hour) .45
Third Shift (Cents per hour) .50
6.12 Labor Agreement provisions regarding hours and overtime will apply for
all time worked (including minimum hours pay) for employees agreeing to
offsite work.
6.13 The Schedule for Overtime hours will be determined by the team
consisting of the Union Representative and the Supervisor of the area
with consent of the Mutual Interest Group.
6.14 On operations involving continuous processes or critical work center,
the Company may assign someone to that operation on a staggered time
basis to cover for breaks and lunch time, with at least 24 hours notice
or by mutual agreement.
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ARTICLE VII
HOLIDAYS
7.00 Holidays will be celebrated according to the attached schedule, Exhibit
C.
7.01 All eligible employees covered by this Agreement, except those on
non-emergency leave of Absence or Military Service and Layoff shall
receive Holiday Pay including shift premium, if applicable.
7.02 Employees on a bona-fide Sick Leave and Absence and drawing disability
compensation during the period in which a Holiday occurs will be paid
Holiday pay which will be reported as income to the payer of the
disability benefit.
7.03 The Company will not schedule layoffs prior to Holidays to avoid
payment of Holiday pay. Any employee laid off two (2) weeks prior to a
Holiday will receive Holiday pay.
7.04 To receive Holiday pay, an employee must have completed 340 hours of
employment and must have worked the regularly scheduled hours on the
work day immediately preceding and following the Holiday except when
absent because of an excused absence, excused tardiness, scheduled
vacation (including 1 day call in), jury service, being subpoenaed as a
witness, due to a death in the family or documented circumstances
and/or circumstances reasonably acceptable to Management. Tardiness
equal to 1-1/2 hours or less will not affect eligibility for Holiday
Pay.
7.05 When Holidays occur consecutively and an employee fails to report
either the day before and/or the day after eligibility requirements, as
provided for in 7.04 above, he shall lose the holiday pay which
corresponds to the day of absence.
ARTICLE VIII
PAY PROVISIONS
8.00 The classification of any job existing as of the date of execution of
this Agreement, or established during the term of the Agreement as
provided in 8.01, shall remain unchanged for the duration of this
Agreement unless the job content is changed. No one shall be downgraded
during the term of this Agreement subject to Section 4.09 except for
just cause.
8.01 When the need for a new job occurs or an existing job is changed, the
job content/description will be the sole responsibility of the Company
not subject to the Grievance procedure or bargaining. In the event a
new job is created or an existing job is changed, the Union shall be
notified of same and the Company may operate same with the temporary
classification and rate. As soon as practical, but in no event more
than thirty (30) days thereafter, the Company shall prepare a
description for the job and a permanent classification and rate, which
shall be submitted to the Union. In the event such classification and
rate are not acceptable to the Union, they may be placed in effect, but
this shall be a matter for the grievance and arbitration procedure.
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When the classification and rate are finalized, either by agreement
between the parties or through the grievance and arbitration procedure,
they shall be incorporated in the job classification manual and the
rate shall be made retroactive to the date the new or changed job was
first placed in effect.
8.02 Should a machine operator be required to operate more than one machine
simultaneously.
No. of Machines Operated Increase in Rate While Operating
------------------------ --------------------------------
2 $ .75
3 $1.00
4 $1.25
8.03 The Company will pay its employees on a weekly basis on the regular
designated pay day, unless mutually agreed to otherwise.
8.04 Job and wage rate classifications shall be attached hereto and marked
Exhibit A and shall by this reference become part of this Agreement.
ARTICLE IX
JURY DUTY - MAKE UP PAY AND FUNERAL PAY
9.00 When an employee is selected to serve on a local or community jury
panel, the Company will make up a portion of the wages according to
certain conditions as follows:
(a) To qualify for make-up wages, an employee must either have
served on a trial or consumed more than a half day in court
before dismissal which would make it impractical to return to
work.
(b) Make-up wages will be based upon a maximum of eight (8) hours
of total wages less jury panel daily fee in any one day,
Saturday, Sundays and Holidays to be excluded. The plant must
be operating in whole or part and the employee regularly at
work to be paid make-up wages.
(c) A form provided by the Company with signature affixed by an
official of the court will be necessary before make-up wages
can be granted.
9.01 Funeral Pay. In the event of the death of an employee's relative, such
employees shall be permitted to take time off as necessary according to
the following schedule:
(a) Employee's Mother, Father, Brother, Sister, Spouse, or
Children, or Step-Children - eight (8) hours at regular
straight time rate not to exceed three (3) consecutive days of
work.
(b) Employee's Grandparents, Grandchildren, Step-Mother,
Step-Father, Step-Brother, Step-Sister, Mother-in-Law,
Father-in-Law, Sister-in-Law, Brother-in-Law, Son-in-Law, and
Daughter-in-Law eight (8) hours at regular straight time rate
not to exceed two (2) consecutive days of work.
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(c) Employees' vacation will be extended equal to appropriate days
during his vacation.
ARTICLE X
SAFETY AND HEALTH
10.00 There shall not be less than two (2) employees working in a facility at
a time.
10.01 The Company will furnish gloves to Plate and Weld shop personnel for
their use in normal day-to-day functions. Replacement new gloves will
be issued upon return of the used, worn gloves to the Tool Room
attendant.
10.02 The wearing of safety shoes shall be mandatory for all employees
covered by this Agreement. The Company will pay fifty percent (50%)
towards the cost of two (2) pair of safety shoes per year to be worn at
and for work and $50.00 for prescription exam for first or changed
prescription for safety glasses.
ARTICLE XI
LEAVE OF ABSENCE
11.00 Leave of absence may be applied for by filling out a leave of absence
form as provided by management.
Leaves of Absence may be granted upon the mutual agreement between the
Company and the Employee for a period not exceeding sixty (60) working
days except for Union activity. Leave of Absence shall be granted for
full time Union activity for a two (2) year renewal upon thirty (30)
days written notice. Union Leaves of Absence, not to exceed two (2)
employees at a time (for Union schools, conventions, etc.) except for a
three day overlap shall be granted for a maximum for thirty (30)
working days per calendar year. Company agrees to notify the Union of
all granted leaves
11.01 All Leaves of Absence shall be without pay. All employees granted
Leaves of Absence shall be returned to work with full retention of
their seniority rights and at the prevailing rate of pay at the time of
their return consistent with the other provisions of this Agreement.
11.02 Employees returning from Sick Leave of Absence wherein surgery or
serious illness was involved are to advise the Company with a written
release from their physician at least (3) working days in advance of
their intended return day. This will allow scheduling within the
department and review, if necessary, of the employee's condition by a
physician(s) of the Company's choice, at the Company's expense.
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ARTICLE XII
MISCELLANEOUS PROVISIONS
12.00 The authorized representative or his duly appointed substitute of the
Union, shall have access to the Company's plants, buildings, and
grounds during business hours upon approval of Management or its duly
appointed representative.
12.01 The Company will furnish chronological seniority listings showing
clock number, name, birthdate, seniority date, job title, shift and
rate of pay every three (3) months to the Committee.
12.02 When hiring new employees, the Company agrees to notify the Union
committee chairman with the name of each employee, wage rate, and
classification before or no later than the first day of employment.
12.03 Bulletin boards shall be made available by the Company upon request
by the Mutual Interest Group at convenient places as near as possible
to the time clock for the posting of Union notices approved by
Management.
12.04 The Union Bargaining Committee shall be made up of no more than six
(6) employees. Stewards will not apply to this section.
12.05 Representatives of the Company and Union will meet within five (5)
working days of receipt of a written (verbal by mutual agreement)
request by either party. The request is to include the agenda to be
discussed and such meetings not to exceed one (1) per month unless
mutually agreed otherwise.
12.06 Should any State or Federal court decide that any given clause of
this Agreement is not in accordance with a State or Federal Statute,
this shall not nullify the remaining clauses of this agreement.
12.07 Credit Union deductions will be implemented when requested.
12.08 Any assignment to new start times other than those worked by the
majority of employees the following prorated premium allowance will
be paid. This does not supersede Section 6.04.
One hour after shift start time .10/Hr Two hours after shift start
time .10/Hr. Three hours after shift start time .12/Hr. Four hours
after shift start time .16/Hr. Five hours after shift start time
.20/Hr.
12.09 Before any work is outsourced, except for emergencies, the Union will
be notified by Management fourteen (14) days in advance of actual
outsource date.
12.10 The Mutual Interest Group will meet to discuss outsourcing
alternatives. Management reserves the right to a final decision.
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ARTICLE XIII
GROUP INSURANCE
Health Insurance: The company shall provide to all active employees a Group
comprehensive Health Plan, which applies to covered medical expenses.
The employee shall pay:
PPO
IN NETWORK OUT OF NETWORK
SINGLE FAMILY SINGLE FAMILY
------ ------ ------ ------
PAYROLL DEDUCTION 0 0 0 0
DEDUCTIBLE $ 100 $ 300 $ 200 $ 600
CO-INSURANCE 90/10 90/10 75/25 75/25
MAXIMUM OUT OF POCKET $ 350 $ 800 $1,200 $2,600
In and Out of Network
---------------------
Co-Pays: Drugs $5 Generic / $10 Branded
Office Visit $10 per occurrence
Emergency Room $25 per occurrence
Participants enrolled in this PPO plan may move in and out of network
throughout the enrollment period. Complete details are available in
the insurance booklet.
13.01 Life Insurance
a) Life - $20,000 Year
b) AD&D - one half to full amount of life insurance as specified in
insurance handbook.
c) Life insurance and AD&D will be reduced 8% per year beginning at
age 65 for employees who elect to continue working.
13.02 Accident and Sickness: The Company will provide accident and sickness
insurance of $265.00 Year 1 ($270.00 in Year 2); ($280.00 in Year 3);
($285.00 in Year 4) and ($295.00 in Year 5) to a maximum of 26 weeks
for regular active employees with eligibility for benefits, beginning
the first day of disability caused by an accident or hospitalization
(as defined within the policy) and the fourth day for illness not
requiring hospitalization as certified by his physician. Weekly
accident and sickness benefits will continue to be provided for
actively working employees over the age of 65 until retirement.
Employees will have the choice as to whether taxes will be withheld or
not, however, employee must choose when applying for A&S Benefits.
An employee unable to work due to sickness or accident will be granted
a Leave of Absence upon presentation of medical documentation. Such
leave is subject to extension based on medical reports submitted but
not to exceed time of employment with the Company or eighteen (18)
months, whichever us greater. Group insurance coverage will continue
to be provided to the employee while drawing A & S benefits up to
twenty-six (26)
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weeks. At the expiration of the employee's A & S benefits (26 weeks),
the employee can remain in the Group Health, Dental and Prescription
Drug Plan for another eighteen (18) months (COBRA coverage) by paying
advance monthly to the Company for such coverage except weekly A & S
benefits.
13.03 The company will provide Dental Insurance (Comprehensive Plan).
13.04 The Group Insurance Plan shall be continued for employees laid off
for a period of time equal the employee's active employment during
the six (6) months prior to layoff provided the employee pays one
half (1/2) the cost of insurance during the first three (3) months
and full premium during the next fifteen (15) months, excluding A&S
weekly benefits, and life insurance benefits.
Agreed upon principles concerning group insurance coverage:
(1) General Rules:
(A) Group Insurance coverage becomes effective on the
first day of the month in which the employee
completes their probationary period.
(B) All group insurance coverage ceases on the last day
of the month an individual's employment terminates
with the exception of laid off employees covered as
above.
(2) Specific Applications:
(A) Employees laid off during a month, lose coverage at
the end of that month unless they elect to continue
coverage under COBRA.
(B) Employees recalled from layoff during the first
fifteen (15) days of a month will be covered by group
insurance from the first (1st) day of the month.
(1) Those employees who paid their share of the
premiums coverage during layoff and are
recalled during the first fifteen-(15) days
of a month shall have that month's COBRA
premium refunded.
(C) Employees recalled from layoff after the fifteenth
(15th) day of the month will be covered beginning the
first (1st) day of the succeeding/following month.
(1) Those employees who paid their share of the
COBRA premium during layoff and are recalled
after the fifteenth (15) day of the month
will continue to be covered by group
insurance with no premium refund.
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ARTICLE XIV
401K SAVINGS PLAN
14.00 The company will maintain a 401K Savings Plan for employee
participation on an elective salary deferral basis. Furthermore, the
Company will contribute, to each eligible employee's account, cents
per hour as listed below up to a maximum of 2,080 hours in a calendar
year. Further, for those who defer part of their pay the Company will
provide a matching contribution of 33 1/3% up to a 3% maximum of the
weekly gross wages.
Contract Year 1 $.32 cents
Contract Year 2 $.32 cents
Contract Year 3 $.32 cents
Contract Year 4 $.34 cents
Contract Year 5 $.36 cents
ARTICLE XIV
NO STRIKE - NO LOCKOUT
15.00 The state of Wisconsin guidelines will apply in the event of a plant
closing, that gives rise to a permanent layoff/termination of all
bargaining unit personnel, the Company and the Union will promptly
meet to discuss the impact of the closing upon the effected employees.
The parties shall negotiate over the effects of such closing in an
effort to establish severance pay and benefit allowances based on
seniority.
a) Notice has been served requesting negotiations for general wage
rates in accordance with the terms of this Agreement and no
agreement has been reached.
b) Notice has been served requesting negotiations for modification
and/or termination or renewal of this Agreement and no agreement
has been reached.
c) Notice has been served requesting arbitration or this stipulation
to arbitrate a grievance according to the procedure in Paragraph
3.00. The party upon whom notice was served has refused either to
arbitrate and/or to stipulate, or has refused to abide by the
decision of the arbitration board.
15.01 Should a strike, concerted slowdown or stoppage of work by employees
of the company occur which is in violation of 15.00 above, during the
term of this Agreement. The Union before the next scheduled workday
after receipt of the written notice from the Company shall be
obligated to the following things only:
a) Advise the Company in writing that the strike or stoppage has not
been called or sanctioned by the Union.
b) Post copies of the following notice on bulletin boards in the
plant or use other acceptable methods of notifications:
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We have been advised by TRAK International, Inc.
that a strike, or stoppage or slowdown has
occurred in the plant. Inasmuch as no strike,
slowdown or stoppage has been called by the union,
IF YOU ARE ENGAGED IN ANY SUCH STRIKE, SLOWDOWN OR
STOPPAGE, YOU ARE HEREBY INSTRUCTED TO RETURN TO
WORK IMMEDIATELY.
INTERNATIONAL ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS, DISTRICT NO. 10.
THIS NOTICE IS POSTED IN ACCORDANCE WITH THE
PROVISIONS OF THE AGREEMENT BETWEEN THE COMPANY
AND THE UNION."
15.02 The obligation of the Union shall be limited to the performance of
the acts required by Paragraph 15.01 of this Article and upon
compliance by the Union with the provisions of Paragraph 15.01 of
this Article, the Union and its officers and members shall have no
further liability during the term of this Agreement or thereafter,
for any damage suffered by the company arising from or out of any
stoppage or strike.
15.03 Should Management comply with the terms and conditions of this
Agreement, its officers and representatives shall have no further
liability during the term of this Agreement or thereafter, for any
losses suffered by the Union or employees arising from any
unauthorized strike or work stoppage.
15.04 The Company shall have the right to discipline any or all employees
engaged in an unauthorized strike, slowdown, or stoppage of work
during the life of this Agreement by suspension or discharge provided
there is no discrimination.
15.05 In the event an employee believes he has been unjustly discharged
from employment, the said employee may request the difference be
resolved under the grievance procedure as long as the grievance is
submitted within ten (10) working days from date of discharge.
ARTICLE XVI
PAST PRACTICE
16.01 TRAK International, Inc. hereby agrees that all past practices
initiated, or followed by it since its acquisition and not
specifically mentioned in this Agreement shall nevertheless by
binding upon both parties during the term of this Agreement. This
Agreement does not include various past practices initiated by any
predecessor companies, if these practices are not followed by TRAK
International, Inc.
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ARTICLE XVII
PLANT CLOSING
17.00 In the event of a plant closing that gives rise to a permanent
layoff/termination of all bargaining unit personnel, the Company and
the Union will promptly meet to discuss the impact of the closing upon
the effected employees. The parties shall negotiate over the effects of
such closing in an effort to establish severance pay and benefit
allowances based on seniority.
Nothing in this section shall obligate either party to arbitrate any
dispute over severance pay or severance benefits in accordance with our
grievance provisions.
ARTICLE XVIII
TERMINATION
18.01 During the period of this Agreement if both of the parties agree to
bargain collectively with regard to any of the provisions of this
Agreement, or any other matter not contained in this Agreement, then
any Agreement reached as a result of such bargaining shall be reduced
to writing and be signed by the parties hereto, and only thereupon
shall be a part of this Agreement as an amendment thereof.
18.02 This Agreement becomes effective on November 1,1998 and remains in
effect until Midnight October 31,2003 unless notice in writing is
filed by either the Company or the Union of a desire for change,
modification, or termination, thereof at least sixty (60) days prior
to, but not more than ninety (90) days prior to the expiration of any
said period. The parties agree that negotiation for modification of
change in this Agreement will be undertaken once the above notice has
been served.
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For the Union: District No. 10 For the Company:
International Association of TRAK International, Inc.
Machinists & Aerospace Workers: Port Washington, WI
By:/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ By:/s/ ▇▇▇▇▇▇ ▇▇▇▇
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▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Bus. Rep. ▇▇▇▇▇▇ ▇▇▇▇, VP Human Resources.
By:/s/ ▇▇▇▇▇ ▇▇▇▇▇ By:/s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇
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▇▇▇▇▇ ▇▇▇▇▇, Chairman ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, VP Skytrak
By:/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ By:/s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
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▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, Committeeman ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, VP.Compact Tech.
By:/s/ ▇▇▇▇ ▇▇▇▇▇ By:/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
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▇▇▇▇ ▇▇▇▇▇, Committeeman ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, Dir.Fin. Rep.
By:/s/ ▇▇▇ ▇▇▇▇▇▇▇ By:/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇
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▇▇▇ ▇▇▇▇▇▇▇, Committeeman ▇▇▇▇▇▇ ▇▇▇▇▇▇, Mgr. Mfg. Eng.
By:/s/ ▇▇▇▇▇▇▇ ▇▇▇▇
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▇▇▇▇▇▇▇ ▇▇▇▇, Committeeman