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EXHIBIT 99.3
BASIC AGREEMENT
BETWEEN
MEDUSA CEMENT COMPANY
(Division of Medusa Corporation)
AND
THE CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
(INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON
BUILDERS, BLACKSMITHS, FORGERS AND HELPERS, AFL-CIO)
ACTING ON BEHALF OF ITS
LOCAL UNION
Charlevoix, Michigan, Local D480
EFFECTIVE
May 1, 1998 to May 1, 2003
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BASIC AGREEMENT
I Agreement and Purpose 1
II Union Recognition and Security 2
III Seniority 4
IV Job Security 7
V Working Conditions 16
Rates of Pay - Overtime 17
Callouts and Off-Days 18
Limitations Upon Overtime 20
Eight Consecutive Hour Rest Premium 22
Wage Rate - Transfer and Assignments 23
Sunday Work 24
Reporting Pay 24
Funeral Leave 24
Jury Duty 25
Shift Changes 25
Wash Time and Rest Breaks 25
VI Vacations with Pay 26
VII Holidays 28
VIII Wages 30
IX Handling of Complaints 31
X Strikes and Lockouts 37
XI Safety 38
XII Military Service 42
XIII Supplemental Unemployment Benefit Plan 42
XIV Subcontracting 43
XV Miscellaneous 44
XVI Term of Agreement 44
Attachment A 47
Attachment B 49
Attachment C 50
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AGREEMENT BETWEEN
MEDUSA CEMENT COMPANY
(Division of Medusa Corporation)
and
THE UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
(International Brotherhood of Boilermakers, Iron Ship
Builders, Blacksmiths, Forgers and Helpers, AFL-CIO)
and Local D-480
Effective May 1, 1998 thru May 1, 2002
ARTICLE I
AGREEMENT AND PURPOSE
(a) This Agreement is by and between Medusa Cement Company, a Division of
Medusa Corporation, hereinafter called the "Company", and the Cement,
Lime, Gypsum and Allied Workers Division (International Brotherhood
of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and
Helpers, AFL-CIO), hereinafter called the "Union", acting on behalf
of its Local Unions, whose members are employees of Medusa Cement
Company.
(b) The Company and the Local Union at each plant have negotiated a Local
Agreement. Each Local Agreement has the same effective date and the
same expiration date as this Basic Agreement. Local Supplemental
Agreements shall not conflict or serve to modify provisions of this
Basic Agreement.
(c) It is the policy of the Company and the Union that the provisions of
Agreement shall be applied to all employees without regard to race,
color, sex, age, religious creed, national origin, handicap or
Vietnam Era Veteran status.
The Masculine words "he", "his" and "him" as used in this Agreement
also shall mean the feminine words, "she" and "her".
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ARTICLE II
UNION RECOGNITION AND SECURITY
(a) The Company recognizes the Union as the exclusive representative for
all hourly rated production, maintenance, quarry and laboratory
employees, excluding all office employees and all supervisors as
defined by the National Labor Relations Act, as amended, for the
purposes of collective bargaining in respect to wages, hours and
working conditions at its plants located at:
Charlevoix, Michigan, Local D480
(b) It shall be a condition of employment that all employees of the
Company covered by this Agreement who are members of the Union in
good standing on the execution date of this Agreement shall remain
members in good standing and those who are not members in good
standing on the execution date of this Agreement shall on the
thirtieth (30th) day following the execution date of this Agreement
become and remain members in good standing in the Union. It shall
also be a condition of employment that all employees covered by this
Agreement and hired on or after its execution date shall on the
thirtieth (30th) day following the beginning of such employment
become and remain members in good standing in the Union.
(c) The term "employee" as used in this Agreement refers only to an
employee whose job is set forth in the Job Classification list
attached to each Local Agreement or any subsequent job added to the
list during the term of the Agreement.
(d) The Company will deduct from the monthly earnings of any of its
employees his Initiation Fee and Union Membership Dues and will pay
the same to the party to whom such employee directs the Company in
writing. Each such employee desiring such deduction to be made from
his earnings must present to the Company his signed order, which
shall be substantially as follows:
"I hereby authorize and direct the Medusa Cement Company to deduct
and pay from my earnings accumulated to my credit my Initiation Fee
and Union Membership Dues, and pay same to ............ I further
agree to hold the Medusa Cement Company harmless on account of
deductions and payment herein authorized."
Medusa Cement Company ...
_____________________________
Timekeeper
Employee Clock No.____________
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This authorization may be canceled by the Union member on any
anniversary date of this Agreement upon thirty (30) days prior
written notice to the Company and the Union.
(e) The union shall furnish to the Plant Manager a written list of the
names of employees who will serve on the committee. The number
employees on the committee shall be defined by each Local Agreement.
If a vacancy occurs on the committee, the Plant Manager, shall be
informed by letter of the name of the new member before a meeting is
held. No other members of the Union who are employees at the Plants
are eligible to attend these meetings unless previously agreed to by
the parties hereto.
(f) Notwithstanding the provisions of Article II (b) above, any employee,
who is a member of and adheres to established and traditional tenets
or teachings of a bona fide religion, body or sect which has
historically held conscientious objections to joining or financially
supporting labor organizations shall not be required to join or
financially support the Union as a condition of employment; provided,
however, that each such employee shall, as a condition of his or her
employment, in lieu of the payment of periodic dues and initiation
fees to the Union, pay sums equal to such dues and initiation fees to
any one of the follow nonreligious charitable funds, which are exempt
from taxation under' Section 501(C)(3) of the Internal Revenue Code:
1. City of Hope
2. American Cancer Society
3. American Heart Association
4. National Multiple Sclerosis Society
5. American Red Cross
It is expressly understood that any such employee holding
conscientious objections and choosing not to join or financially
support the Union, who requests the Union to use the grievance
arbitration procedure on the employee's behalf, shall be required to
pay to the Union the reasonable cost of processing any grievance on
his or her behalf including reasonable cost of arbitration if any.
(Because of State law this does not apply to Local D23 at
Clinchfield, Georgia.)
(g) Upon receipt from an employee authorizing payroll deduction and
specifying the amount to be deducted, the Company will deduct
voluntary contribution to the City of Hope. All amounts so deducted
shall be remitted by the Company to the City of Hope.
The Company shall be held harmless from any claim, demand or action
arising out of such deductions.Employees contributing to the City of
Hope a cannot discontinue or change such contributions for one year.
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ARTICLE III
SENIORITY
(a) The seniority unit shall be plant-wide.
(b) Seniority is continuous service which shall be calculated from date
of first employment or re-employment following a break in continuous
service, whichever occurs later.
When two or more employees are hired on the same day, the employee
with the lowest last four (4) digits in their social security number
shall be senior to the employee with the highest last four (4)
digits. This paragraph is effective May 10, 1978.
(c) New employees and those hired after a break in continuity of service
will be regarded as probationary employees for the first sixty (60)
days of wor and will receive no continuous service credit during such
period. Probationary employees may file and process grievances under
this Agreement, but may be laid off or discharged as exclusively
determined by the Company. Probationary employees who continue in the
service of the Company subsequent to the first sixty (60) days of
work shall receive full continuous service credit from date of the
most recent hiring. THE PROBATIONARY PERIOD MAY BE EXTENDED AN
ADDITIONAL THIRTY (30) DAYS OF WORK BY MUTUAL AGREEMENT OF THE
COMPANY AND THE UNION.
(d) An employee covered by this Agreement shall lose his entire seniority
if:
(1) He voluntarily quit;
(2) He is discharged for cause and not rehired within six (6)
months or reinstated;
(3) An employee's seniority shall be broken and his
employment terminated effective on date of his acceptance
of Termination benefits under the provisions of the
Supplemental Unemployment Benefit Plan Agreement;
(4) The employee is on layoff or disability for a period of
three years or 50% of his seniority attained at the start
of such absence, whichever is less.
(e) A leave of absence for the purpose of accepting a position with The
Cement, Lime, Gypsum and Allied Workers Division at the Local,
district, or international level, or the AFL-CIO or any of its
subordinate bodies, shall be available to not more than three (3)
employees from each plant at any one time. Applications for such
leave shall be submitted to the Company in writing thirty (30) days
prior to the effective date of such leave to permit proper provisions
to be made to fill the job to be vacated. Leaves of absence for this
purpose shall be for an indefinite period. During such leave,
seniority shall accumulate. Group insurance coverage shall be
suspended after thirty (30) days of such leave.
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All insurance coverages will be reinstated upon returning to work
with the Company. Upon returning to work such employee will be
reinstated on his former job, providing it is still in existence; if
not, he shall be eligible to apply for any job within the bargaining
unit by means of the existing bidding procedure or by bumping.
(f) The Company shall attach to each Local Agreement a list of employee's
seniority dates in order of hiring and a list of the probationary
employees.
(g) Temporary summer employees may be employed by the Company from May
1st through September 30th in order to facilitate filling of
vacancies caused by vacations during these months. Employment of
summer employees will be subject to the following conditions:
(1) No summer employee will be hired when any regular
employee is on layoff or drawing short workweek benefits.
(2) All summer employees will be required to join the Union
under the same terms and conditions as required in
Article II, Sections (b) and (d) of the Basic Agreement.
(3) All summer employees must sign an appropriate form which
will spell out the terms of their employment including
but not limited to an agreement to commence their
employment on a specified date and terminate their
employment on a specified date. Such dates must be in
accordance with the time period specified in this
section.
(4) The term of employment will not be changed, altered or
extended unless mutually agreed to by both the Company
and the Local Union Committee.
(5) Summer employees shall not accumulate seniority nor be
eligible to bid on any new job or vacant job which may
occur during their terms of employment.
(6) A summer employee will not become eligible for a floating
holiday and will not have any vacation rights.
(7) Summer employees will not participate in the Company's
pension, S.U.B. and insurance programs.
The above will be in full force and effect, except that if any
portion is found to be contrary to any federal, state or local law,
it shall be changed to comply with said law.
ARTICLE IV
JOB SECURITY
(a) (1) Whenever the installation of mechanical equipment, change
in production methods, the installation of new or larger
equipment, the combining of jobs or the elimination
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of jobs, will have an effect on the job status of one or
more employees, the Company will give the Union
reasonable advance notice of same and, upon request by
the Union, will promptly meet with the Union to review
and explore the effects of such installation or
installations or change or changes upon the working
force.
(2) Employees will not be terminated by the Company as the
result of mechanization, automation, change in production
methods, the installation of new or larger equipment, the
combining of jobs or the elimination of jobs.
(3) Whenever an employee is no longer needed on his regular
job as a result of circumstances described in (1) above,
such employee may apply for any job or jobs within the
bargaining unit on which an incumbent has less seniority,
and for which he could reasonably be expected to qualify
within a ninety (90) day on-the-job training period
unless the employee applying for such job is disqualified
due to physical reasons.
The rate of pay for such employee shall not be less than
ninety-five percent (95%) of the rate for the regular job
from which he was displaced, irrespective of the rate of
the job which he applies for and obtains.
The ninety-five percent (95%) of rate protection shall
apply for a minimum period of one (1) year, or a period
equal to one-third (1/3) of an employee's seniority up to
a maximum of two (2) years. If the affected employee is
tendered training for a job which he could be reasonably
expected to qualify for with a ninety (90) day on-the-job
training period and refuses, he will not be entitled to
any rate protection unless he has a bona fide reason for
refusing. If an employee on ninety-five (95%) percent
rate protection subsequently bids on and is awarded a
lower rated job, he shall lose his rate protection.
(4) Employees affected by the application of the foregoing
procedures shall have and may exercise the same rights
for retention and on-the-job training in accordance with
their seniority status and the ninety-five percent (95%)
rate guarantee shall also be applicable to them.
(5) Employees who do not apply for and/or obtain a job in
accordance with the provisions of (3), including
employees displaced from their jobs but whose seniority
status does not permit them to utilize job retention
rights under the provisions of (3) or (4) will be placed
on layoff status with recall rights in line with their
seniority status for job vacancies which may thereafter
occur.
(6) The provisions of (3) of this Section do not apply to
displacements or layoffs resulting from production
curtailments, except that employees laid off and not
recalled when production is resumed following curtailment
will be entitled to the same rights as employees affected
by the preceding (3).
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(7) Should the Company permanently shutdown the present
facilities affording employment to the employees
comprising the bargaining unit (the present facilities
shall be deemed to have been permanently shutdown if all
productive facilities are abandoned even though the
shipping facilities continue to operate), the Company
shall mail a notice informing each affected employee that
his employment with the Company has been terminated
because of the permanent shutdown. The notice shall be
mailed at least ninety (90) days prior to the shutdown to
the employee's last address on the Company's records.
Each employee who is mailed said notice shall have the
following options:
A. An employee who is not eligible for a normal (excluding
thirty (30) year retirement pension) or late retirement
pension may elect to transfer to another operation of the
Company covered by a collective bargaining agreement with
the Union in accordance with paragraph 8 or paragraph 9.
Any transfer pursuant to paragraph 8 or 9 will occur not
later than three (3) years after the last day the
employee worked. An employee awaiting transfer shall be
placed on layoff and shall receive S.U.B. Layoff or
reduced layoff benefit provided the eligibility and other
requirements of the S.U.B. Plan are met. An employee may
void
his election to transfer at any time during the three (3)
year period. If the employee is eligible for an
immediate pension at the time he voids his election to
transfer, he shall retire, effective the date he voids
his election, under the pension plan in effect at the
time of the permanent shutdown. An employee may also
void his election in order to apply for S.U.B.
Termination benefits.
B. An employee who is eligible for an immediate pension at
the date of the permanent shutdown shall retire as of the
effective date of the permanent shutdown, except
1. An employee whose combined age and years of
service equal 62 or more but less than 65 may
elect layoff until his combined age and years
of service equal 65 at which time the
employee shall retire and receive a permanent
shutdown pension. The pension plan in effect
at the time of the permanent shutdown shall
determine the retirement benefits payable to
the employee. An employee who elects layoff
under these conditions shall receive S.U.B.
Layoff or reduced layoff benefits provided
the eligibility and other requirements of the
S.U.B. Plan are met.
2. An employee who is eligible for an immediate
pension other than a normal or late
retirement pension and who elects to transfer
to another operation of the Company shall not
retire unless the transfer is not
accomplished.
3. An employee shall not be required to retire
under a disability retirement pension earlier
than he would otherwise be required to retire
if the Company had not permanently shut down
the facilities.
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An employee who retires under the Pension Plan may also
be entitled to receive S.U.B. Terminations benefits in
accordance with the terms of the S.U.B. Plan.
C. The employee may elect S.U.B. Termination Benefits in
accordance with the terms of the S.U.B. Plan at any time
within one (1) year after notice of termination has been
mailed to him.
An employee other than an employee who is eligible for an
immediate pension may elect layoff prior to submitting
his application for S.U.B. Termination Benefits and shall
receive S.U.B. Layoff or reduced layoff benefits provided
the eligibility and other requirements of the S.U.B. Plan
are met.
D. If the facilities which have been permanently shut down
are reopened by the Company within three (3) years of the
date of the permanent shutdown, an employee who has
retired under the Pension Plan shall be eligible for
recall in accordance with his seniority status at the
time of the permanent shutdown. An employee who has
elected S.U.B. Termination benefits shall also be
eligible hr recall in accordance with his seniority
status at the time of the permanent shutdown. Any
pensioner who has received S.U.B. Termination benefits
and accepts recall and any former employee who has
received S.U.B. Termination benefits and accepts recall
shall repay said Termination benefits to the S.U.B. Trust
Fund or to the Company, whichever was the source of the
Termination benefits, in accordance with the S.U.B. Plan
Agreement. Any employee who accepts recall shall have his
previously accumulated seniority rights, pension, S.U.B.,
insurance and vacation credits as of the last day the
employee worked or at the date of permanent shutdown,
whichever occurs later, reinstated on the date he returns
to work.
E. An employee who is not eligible for an immediate pension
may elect layoff and shall receive S.U.B. Layoff or
reduced layoff benefits provided the eligibility and
other requirements of the S.U.B. Plan are met.
The employment rights of any employee on layoff shall
terminate three (3) years after the last day the employee
worked and the employee's seniority shall be broken.
F. An employee's participation in the group insurance
program shall terminate effective the day following the
last day the employee worked and pending claims shall be
processed in accordance with the terms of the existing
group insurance program. No employee shall be eligible
for holiday pay or vacation pay other than vacation pay
due after the last day the employee worked or the date of
the permanent shutdown, whichever occurs later. No
employee shall accumulate credited service under the
pension plan after the last day the employee worked or
the date of the permanent shutdown, whichever occurs
later.
(G) THE COMPANY WILL ESTABLISH A 401(k) PLAN TO BEGIN AUGUST
1, 1998 WITH EMPLOYEE CONTRIBUTIONS UP TO 4% TO BE
MATCHED 50% BY THE COMPANY. BEGINNING MAY 1,
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2000, EMPLOYEE CONTRIBUTIONS UP TO 5% TO BE MATCHED 50%
BY THE COMPANY, AND MAY 1, 2002 EMPLOYEE CONTRIBUTIONS UP
TO 6% TO BE MATCHED 50% BY THE COMPANY.
(8) In the event the Company constructs a new plant that will
affect the employment status of employees in the
Company's plant or plants comprising a bargaining unit,
such employees shall be given an opportunity to make
application for employment in the new plant before it
starts operation, and such employees shall be given
preferential employment right for the highest rated job
the employee is capable of performing. Such an employee
shall transfer with him all of his previously accumulated
pension, S.U.B., insurance and vacation credits. His
seniority rights at the former plant shall terminate upon
his establishment of seniority rights in the new plant.
(9) When an employee has been laid off or displaced because
of permanent changes in the working force or because of a
plant closing, he may make written application within
fifteen (15) days of layoff or displacement for
employment in another plant of the Company, and he shall
be given preferential employment rights for job openings
at such other plant, providing such employee is capable
of performing the job that may be available at such other
plant of the Company. Any employee so transferring from
one plant to another of the Company shall retain his
previously accumulated pension, S.U.B., insurance and
vacation credits. His seniority rights at the former
plant shall terminate upon his establishment of seniority
rights in the plant to which he transferred.
(10) Employees transferring from one plant to another as
provided in (a) (7), (8) and (9) of this Article will
receive a moving expense allowance. The Company will
reimburse each employee for actual moving expenses
incurred to move furniture and other household goods up
to a maximum of $1,000 per employee.
(b) When a production curtailment or a plant shutdown causes a reduction
in personnel in a department or throughout the plant, a senior
employee whose regular job is not required shall have the option of
accepting available work for which he is qualified or accepting
layoff. A Senior employee who elects to accept available work shall
be entitled to:
(1) Bump any junior employee whose job was previously held by
the senior employee on a permanent basis for a sufficient
period of time to demonstrate his ability to
satisfactorily perform the job as it is constituted at
the time of the production curtailment or plant shutdown.
The senior employee must attempt to bump into a job that
he previously held in the reverse order of his
promotions. In other words, he must first attempt to
bump into the job he held immediately prior to his
present job, except each employee may select one job that
he had previously held on a permanent basis or is
qualified to perform immediately, and for purposes of
this section only, consider it to be the job he held
immediately prior to his present job. Each employee
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may make such selection and this selection shall be
updated effective on May 1, of each contract year at the
employee's discretion.
If the above procedure would result in an employee
becoming a part of the labor crew, he may exercise his
bumping rights set forth in (2) prior to entering the
labor crew.
(2) An employee can bump a junior employee on a plant-wide
basis except for any maintenance job, any laboratory job,
or those in the control room operator classification,
provided he is qualified to perform the job immediately.
Employees who hold utility or vacation-relief jobs where
the employee actually works on several different jobs on
a scheduled basis shall be considered as having held
those classifications on a permanent basis for purposes
of this section (b).
Any junior employee who is displaced by a senior employee
shall have the same rights as the senior employee set
forth herein.
After the bumping is completed, the Company has the right
to require a senior employee to perform available work
during the curtailment or shutdown if there is no junior
employee with the necessary qualifications to perform the
work.
A plant shutdown is defined as a period during which none
of the clinker burning units are producing.
The wage rate paid during a production curtailment shall
be the wage rate of the job performed. An employee who
works on two or more jobs in one day shall be paid in
accordance with Article V (j) (2).
During periods of plant shutdowns when employees are
needed for maintenance, repairs or work on plant
alterations, the wage rate paid to employees who are
retained for work during the first forty-five (45) days
of plant shutdown shall not be less than the employee's
regular straight time wage rate nominally paid when the
plant is producing. After forty-five (45) days, the wage
rate paid shall be the wage rate of the job performed.
An employee who works on two or more jobs in one day
shall be paid in accordance with Article V (j) (2).
The ninety-five (95%) percent rate protection is not
applicable to any bumping under this procedure.
(c) When the Company determines that additional jobs are required during
or following a production curtailment or a plant shutdown in order to
maintain or increase the work force, the manner in which the
reduction of forces took place pursuant to Article IV, Section (b)
will be reversed.
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In the event that during a production curtailment or a plant shutdown
an employee bids for and is awarded another job, he shall lose all
rights pertaining to the job the employee previously held.
Sections (b) and (c) of Article IV shall not add to, subtract from,
or otherwise modify any maintenance training agreement by and between
the Company and the International and/or Local Unions negotiated
before or after the effective date of this Basic Agreement.
(d) The Company agrees to post a notice at least one week in advance of
an intended shutdown. whenever a layoff is planned because of a
change or reduction in plant production requirements, the Company
will, not less than seven (7) calendar days prior to the effective
date of the layoff, post a bulletin stating the expected extent of
such layoff, and the expected effect on the work force. In the event
the required notice is not given in accordance with the above, the
Company will pay the laid off employee(s) the scheduled time lost at
the applicable straight-time hourly rate. The seven (7) calendar day
period shall commence on the completion of the third shift following
the day in which the notice was posted. The foregoing does not apply
to disciplinary layoffs and layoffs because of curtailment made
necessary by disaster or emergency conditions affecting the ability
of the Company to physically operate the plant.
(e) Company personnel excluded from the bargaining unit shall not
regularly perform bargaining unit work except temporarily in an
emergency; for training or instruction purposes, for testing,
diagnosis, analysis or when necessary to prevent disruption of the
flow of operations or when necessary to meet the interest of
efficient operations.
Should a Company person excluded from the bargaining unit violate
this commitment the Company will be required to pay to the effected
worker or workers double time (his or their) regular straight time
hourly rate for anytime worked by person not included in the
bargaining unit, with a minimum of four (4) hours pay. If there is no
affected worker, the penalty for such work shall be paid to the
worker lowest in overtime in the classification and/or department.
(f) Any employee who becomes incapacitated and on the basis of competent
medical opinion cannot perform the cubes of his/her regular job may
exercise his/her plant seniority through the bumping procedure to
move to any position within the bargaining unit at the plant for
which he/she could qualify within a reasonable period of time but not
to exceed 90 days. This in no way affects the bidding right of the
employee.
(g) Any employee who is displaced by an incapacitated employee pursuant
to paragraph (f) of this section, may exercise his/her plant
seniority to bump into another position within the bargaining unit at
the plant for which he/she is qualified in the same manner as covered
in the job bidding procedure. The 95% rate protection is not
applicable to bumping under paragraphs (f) and (g).
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(h) All vacancies and new jobs created shall be posted no later than the
eighth day following the date the vacancy occurred or the new job was
created. Said vacancies and new jobs shall be posted for seven (7)
days to allow any employee to make application in writing for such
job. The Company will consider every application in terms of:
(1) Seniority
(2) The applicant's skill and ability and physical fitness
measured against the requirements of the job.
Where two or more applicants' qualifications in (2) are
relatively the same, seniority shall govern.
If an employee proves unsatisfactory, he shall be
reinstated to his previous job.
An employee who bids for and is awarded a job, excluding
any employee who is disqualified subsequent to the award,
may not bid any job in the same or lower bracket for six
(6) months from the date he was awarded his new job
without the consent of the Company; except that an
employee may bid from an operating job to a maintenance
job or a laboratory job, from a maintenance job to an
operating job or a laboratory job, or from a laboratory
job to an operating job or a maintenance job even though
the employee is bidding a job in the same or lower
bracket within six (6) months.
This Section does not require the Company to award a job
to any applicant if no applicants are qualified to
perform the work
The Company has the right to assign any employee to fill
a new job or to fill a vacancy until the job has been
awarded.
The Company will meet with the Local Union Committee to
explain its decision when the Company awards a job to a
junior applicant. Any senior applicant shall have the
right to challenge the Company's award by filing a
grievance in a timely manner. Any employee reinstated to
his previous job shall have the right to challenge his
disqualification by filing a grievance in a timely
manner.
(3) Once a job has been awarded, the Company will make every
effort to place the successful bidder on the job as soon
as possible, but within thirty (30) calendar days from
the date of the job award. Should the Company fail to
place the successful applicant on the job in the 30 day
period, the applicant shall receive the rate of pay for
the new job commencing with the 31st day, until such time
as he is placed on the new job. At that time, he will be
paid in accordance with this Basic Agreement, Local
Supplemental Agreement, or plant practice, whichever is
applicable. This shall not apply if the delay beyond
thirty (30) days is caused by multiple bidding to fill
the original vacancy.
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ARTICLE V
WORKING CONDITIONS
(a) Eight (8) hours shall be the regular workday and forty (40) hours
shall be the regular work week. The workday shall commence with the
beginning of the morning shift and workweek shall commence with
beginning of the morning shift on Sunday (Monday at Clinchfield,
Georgia).
(b) Work schedules for each workweek will be posted on Thursday of the
previous week prior to the end of the first shift. If an employee's
work schedule is changed after the end of the first shift of the
preceding Thursday he shall be compensated by multiplying the regular
straight-time hourly wage rate by one-half (0.5) hr the first eight
(8) hours worked in his new schedule and the premium shall be paid in
addition to whatever compensation the employee is otherwise entitled
to receive under any other Section of this Agreement. An employee's
work schedule is changed and the premium is paid when the employee is
required by a schedule posted after the first shift on the previous
Thursday to work hours in place of the hours the employee was
required to work by the schedule posted prior to the end of the first
shift on the previous Thursday.
If an employee's work schedule is not posted on Thursday of the
previous week prior to the end of the first shift as provided above,
the first eight (8) hours worked the following week shall be
considered out-of-schedule and will be paid accordingly.
(c) All hours worked and all hours paid shall be compensated by
multiplying the regular straight-time hourly rate by one (1.0) unless
expressly provided otherwise.
(d) Hours worked in excess of eight (8) hours in the workday and forty
(40) hours in the workweek shall be paid for at the applicable
overtime rate.
(e) THE ABOVE NAMED PARTIES HAVE AGREED THAT AN ADDITIONAL 1/2 TIME
PREMIUM WILL BE PAID TO EMPLOYEES WORKING IN SITUATIONS DESCRIBED IN
THE BASIC AGREEMENT I.E., ALL HOURS WORKED IN THE KILN AND CLINKER
COOLER BAG HOUSE.
(f) Rates of Pay - Overtime:
(1) The applicable overtime rate shall be time
and one half (1.5) the regular straight time
hourly wage rate except on a Sunday or a
holiday in which case the applicable overtime
rate shall be:
Sunday
A. Straight-Time
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1. Up to eight (8) hours 1-1/2X
2. Over eight (8) hours and up
to twelve (12) hours 2X
3. Over twelve (12) hours 2-1/2X
B. Overtime and Callouts*
1. Eight (8) hours or less 2X
2. Over eight (8) hours and up
to 12 hours 2-12X
3. Over twelve (12) hours 3X
Holiday
A. Straight-time
1. Up to eight (8) hours 2-1/2X
2. Over eight (8) hours and up
to twelve (12) hours 3X
B. Overtime and Callouts*
1. For all hours worked 3X
(2)* In the event an employee works more than twelve (12)
hours in the workday, he shall be paid for all hours
worked in excess of such twelve (12) hours at double the
regular straight time hourly rate.
After an employee has been engaged in work for twelve
(12) consecutive hours, he shall be paid for all
consecutive hours worked immediately succeeding and in
excess of such twelve (12) hours at double the regular
straight time hourly rate.
* If an employee is being paid the rate of double time
under the foregoing paragraphs, his rate of pay shall not
be reduced when his work continues into or overlaps his
regular shift. However, the Company may exercise either
of the following options:
A. The Company may instruct the employee to continue to the
end of the shift at the double time rate, or
B. The Company may send the employee home at any time during
the shift, provided the remainder of the shift is paid
for at straight time, subject to a maximum payment of
four (4) hours at straight time. Such employee cannot be
called back to work until he has been off duty for eight
(8) consecutive hours.
In no event shall the first two provisions of the Section
be applied to the same hours of work. The provision
which creates the highest earnings shall be applied.
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(3) Callouts and Off-days: In case an employee is called for
work during any hour in the day or week in addition to
his regular schedule he shall receive a minimum of four
(4) hours' pay for such work at the applicable overtime
rate. However, if he is notified before the end of his
regular shift to report early, it shall not be considered
a callout. Callout hours and off-day hours are overtime
hours. All Sunday callouts to be paid a minimum of four
(4) hours at the applicable Sunday rate.
(4) Lunch period interrupted by work assignments: One-half
(1/2) hour at the applicable overtime rate shall be paid
for any scheduled lunch period interrupted by a work
assignment and either prior or subsequent to the regular
lunch period, reasonable time for lunch shall be granted
with pay for same at the employee's regular rate.
(5)* If an employee actually works seven consecutive workdays
in the plant workweek, regardless of the number of hours
worked on any workday, the employee shall be compensated
by multiplying the regular straight-time hourly rate by
one (1) for each and every hour worked during the seventh
consecutive workday, and this premium shall be paid in
addition to whatever compensation the employee is
otherwise entitled to receive under any other Section of
this Article.
(f) Overtime paid on a daily basis shall not be duplicated on a weekly
basis.
(g) If an employee does not work a regularly scheduled workday through
action of the Company, excused absence or because of a holiday, that
day shall be considered as actually a day worked for all overtime
purposes.
(h) Limitations Upon Overtime:
(1) Every reasonable effort will be made by the Company to
avoid requesting any employee to work overtime and the
Company will consider under the circumstances involved
any reasonable excuse from an employee for not working
the overtime. Whenever an employee is laid off due to
lack of work or because of curtailment of operations, no
overtime work shall be scheduled on any work which the
laid-off employee is capable of doing and is able to
perform, except in cases of emergency repair or
unscheduled absences of other employees. The foregoing
to the contrary notwithstanding, a laid-off employee will
not be called back to work unless there is at least
thirty-two (32) hours work in the workweek for such
employee.
(2) Overtime in the various job classifications shall be
equally divided as defined by the Local Agreement insofar
as it is practical to do so. Any employee who is
contacted and cannot work the overtime including callouts
will be charged with the number of hours actually worked
or paid, whichever is greater or according to the Local
Agreement. Overtime worked or charged shall be posted
weekly in each department by the ▇▇▇▇▇▇▇.
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(3) Employees who are called upon to work overtime shall not
be laid off during their regular work time for the
purpose of equalizing said overtime.
(4) The Company will continue its practice of allowing a
fifteen minute paid wash-up time on continuous overtime
beyond the end of his shift. In addition, the Company
will continue its practice of paying overtime in fifteen
(15) minute increments.
(5) A. Any employee who has not been notified of his
overtime assignment at least twelve (12)
hours prior to the commencement of the
overtime assignment and who works more than
ten (10) consecutive hours, shall be provided
with a hot lunch which shall be eaten at the
end of said ten (10) consecutive hours, or as
soon as practical thereafter but no later
than 30 minutes after the ten hours. Any
employee who works in excess of fourteen (14)
consecutive hours shall be provided with an
additional lunch, and lunches will be
furnished at the end of every four (4)
consecutive hours worked thereafter.
B. Any employee who is called out and works more
than four (4) consecutive hours shall be
provided with a hot lunch which shall be
eaten at the end of said four (4) consecutive
hours. In addition, said employee shall be
provided with a hot lunch every four (4)
consecutive hours worked thereafter.
There shall be no duplication of hot lunches under
provisions A and B above. The employees shall be given
reasonable time to eat his lunch without loss of pay.
(6) THE COMPANY AGREES THAT THE ALLOWANCE FOR OVERTIME MEALS
WILL BE INCREASED TO $6.00 EFFECTIVE MAY 1, 1998, TO
$6.50 EFFECTIVE MAY 1, 2000 AND TO $7.00 EFFECTIVE MAY 1,
2002.
(6) The purpose and intent of this Agreement is to refrain
from working an employee beyond sixteen (16) consecutive
hours excluding lunch periods. The Company agrees that
they will not work any employee beyond sixteen (16)
consecutive hours excluding lunch periods unless no other
classified employee is available to do the work.
However, in the event that a vacancy occurs that would
require a classified employee to work more than sixteen
(16) consecutive hours, the Company will fill that
vacancy with another classified employee who has primary
overtime rights, an employee with secondary overtime
rights, or other qualified employee in the stated order.
This Agreement does not absolve an employee from the
requirement to stay on the job until properly relieved.
However, the Company is required to make a diligent
effort to provide a relief at the end of the sixteen (16)
hour period. The Company will not use the eight (8) hour
rest clause as an excuse to require an employee to
continue working after sixteen (16) hours.
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(i) Eight Consecutive Hour Rest Premium *
(1) An Employee should receive at least eight (8) consecutive
hours off work within the fourteen (14) consecutive hours
immediately preceding the start of his next scheduled
shift. In the event an employee does not receive eight
(8) consecutive hours off work within the fourteen (14)
consecutive hours immediately preceding the start of his
next scheduled shift, the Company shall exercise one of
the following options:
A. Instruct the employee to report late for his
next scheduled shift by the number of hours
his longest consecutive off-duty period falls
below eight (8) hours and pay the employee
the appropriate straight-time rate for those
hours not worked between the starting time of
his scheduled shift and the time he reports
to work in accordance with the Company's
instructions. The appropriate straight time
rate on the workday Sunday shall be one and
one-half (1.5) and on a recognized holiday,
two (2.0).
B. Instruct the employee to work at the starting
time of his scheduled shift. The employee
shall receive a premium for those hours
worked which, if added to his longest
consecutive off-duty period, equal eight (8)
hours. The premium shall be determined by
multiplying the regular straight-time hourly
rate by one (1). The premium shall be in
addition to whatever compensation the
employee is otherwise entitled to receive
under any other Section of this Article.
(2) If an employee does not receive at least eight (8)
consecutive hours off work within the fourteen (14)
consecutive hours immediately preceding the start of
callout hours worked on an off-day (provided that any of
the callout hours worked occur within the hours the
employee would have otherwise been scheduled to work had
the employee not been scheduled off), the employee shall
receive a premium for those hours worked which, if added
to his longest consecutive off-duty period, equal eight
(8) hours. The premium shall be determined by
multiplying the regular straight time hourly rate by one
(1). The premium shall be in addition to whatever
compensation the employee is otherwise entitled to
receive under any other section of this Article.
(j) Wage Rate - Transfer and Assignments
(1) Employees temporarily transferred shall be paid the
regular straight time hourly rate of the job being
performed or the regular straight time hourly rate of his
regular job, whichever is greater.
(2) An employee regularly scheduled to work on two or more
jobs having different wage rates shall receive the
highest rate for the entire week. If a job is regularly
scheduled to be performed each week at least one workday
in the workweek, the employee filling that job shall
receive the highest wage rate for the entire week. An
employee who is scheduled to work five workdays during
the workweek on a job or jobs having a higher straight
time hourly wage rate or wage rates than the employee's
regular
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straight time hourly rate, shall be paid at the higher
straight time hourly wage rate for the entire week. An
employee who works on two or more jobs in one day shall
receive the highest wage rate for only the time worked on
the higher rated job. However, should the employee work
on a higher rated job(s) for four (4) or more hours in
the workday he will receive the higher rate of pay for
the entire day. The term "entire week" used in this
section shall mean the 168 consecutive hours beginning at
7:00 a.m. on Sunday and ending at 7:00 a.m. on Sunday.
The term "entire day" used in this Section shall mean the
24 consecutive hours beginning at 7:00 a.m. and ending
the following day.
The 168 consecutive hours mentioned above shall begin at
7:00 a.m. Monday and ending at 7:00 a.m. Monday, at
▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇.
(3) The Company shall have the right to utilize employees to
perform any job; provided, however, overtime and callouts
in any classification shall be offered to the available
classified employees in that classification before other
employees are assigned such work. See Attachment "B" for
Letter of Understanding concerning transfers.
(k) Sunday Work
All hours worked by an employee on Sunday which are not paid for on a
premium and/or overtime basis shall be paid at the rate of one and
one-half (1-1/2) times the regular straight time hourly rate
exclusive of shift differentials. There shall be no duplication or
pyramiding of premium pay and/or overtime under this provision.
(l) Reporting Pay
Any employee who is required to report for work shall be given at
least four (4) hours pay at the regular straight time hourly rate,
and shall receive full pay for all time thereafter that he is
required to remain on the premises ready for work. Any employee put
to work on his regular working day shall receive full day's pay at
the regular straight time hourly rate.
(m) Funeral Leave
An employee, upon the notification of the death of his or her father,
mother, spouse, son, daughter, brother, sister, stepfather,
stepmother, stepson, stepdaughter, half sister, half brother,
mother-in-law, father-in-law, brother-in-law, sister-in-law,
grandchild, grandparent, or spouse's grandparent, shall be granted
his or her next three (3) scheduled working days off with pay (four
(4) days off with pay if the employee is required to travel beyond a
radius of 500 miles). Payment by the Company for such time lost
shall be on the basis of eight (8) hours per day at the employee's
regular straight time hourly rate, including shift differential.
As used herein, brother-in-law is defined to mean (1) the brother of
one's husband or wife, (2) the husband of one's sister, (3) the
husband of the sister of one's spouse, and sister-in-
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law is defined to mean (1) the sister of one's husband or wife, (2)
the wife of one's brother, (3) the wife of the brother of one's
spouse.
The above clause shall not apply to an employee who is laid off,
except when an employee is notified to return to work effective on or
before the day of the funeral he shall be granted full funeral leave
with pay.
The Company will notify a local union official of a death of an
employee's relative as defined above as soon as the Company has been
advised by the employee.
The foregoing to the contrary notwithstanding, no bereavement payment
will be made unless the employee attends the funeral nor will payment
be made if there are more than fourteen calendar days between the
date of death and the next scheduled workday.
(n) Jury Duty
Any regular employee (as distinguished from a probationary employee
required to perform jury duty on a day he is scheduled to work, shall
be excused from work on that day. The Company shall pay the employee
the difference between the amount received for such jury duty and
eight (8) hours at his regular rate of pay plus shift differential if
involved.
The day or days paid for such jury service shall be counted as eight
(8) hours worked for the purpose of computing weekly overtime.
(o) Shift Changes
A shift employee may clock in up to 30 minutes prior to the actual
starting time of his shift and relieve the employee that he is to
replace. When properly relieved within this 30 minute period, the
employee being relieved may clock out and leave the plant. Under
such circumstances the pay received by the relieving and relieved
employees shall be computed as though both employees had clocked in
and out at the actual shift change time.
(p) The Company agrees to resolve problems with employee parking at the
Charlevoix Plant (and Clinchfield Plant).
(p) Wash Time and Rest Breaks
(1) An employee who does not receive a paid lunch period
shall dock out prior to the regular quitting time for his
shift. However, he shall be permitted to leave his place
of work 15 minutes prior to the regular quitting for his
shift to wash provided that the employee is not required
to work overtime. An employee does not receive 15
minutes away from the job to wash because he has been
required by the Company to work up to but not after the
regular quitting time for his shift, shall be compensated
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for lost wash time by multiplying his regular straight
time hourly rate by fifteen minutes (.25 hour). If the
employee uses additional time to clean following the
regular quitting time for his shift, he shall be paid as
though he had clocked out at the regular quitting time.
(2) An employee who does not receive a paid lunch period and
who is required to work overtime after the regular
quitting time for his shift shall clock out no more than
15 minutes after he leaves his place of work. This shall
not apply to an employee on call out.
(3) An employee who does not receive a paid lunch period will
be allowed a 15 minute rest break away from his job
during the first four hours of his regular shift. Break
times shall be determined by the employee's ▇▇▇▇▇▇▇ and
the efficient operation of the plant shall be
controlling. The 15 minute break shall be strictly
construed to be the total time away from the job. Should
any employee regularly be denied a break, he may file a
grievance in a timely manner.
(4) The Company is not required to grant any employee who
does receive a paid lunch period any wash-up time and any
rest break. Furthermore, said employee shall eat his
lunch "on-the-job" so that there is no interruption of
operations.
(q) Any other provisions of this labor agreement to the contrary not
withstanding, no employee shall receive pay for any hour worked or
unworked which singly or in any combination, exceeds triple his
regular straight time hourly rate.
ARTICLE Vl
VACATIONS WITH PAY
(a) Any employee who works during at least thirteen (13) weeks in either
each calendar year or each anniversary year, as defined in the Local
Agreements, shall be granted a vacation off work without loss of pay,
according to the following schedule:
(b) All employees who have completed one or more anniversary years of
service but less than five (5) years of service will be entitled to
two (2) weeks of vacation, provided they meet all other requirements
of this Article.
Employees who have completed five (5) or more anniversary years of
service but less than fifteen (15) years of service will be entitled
to three (3) weeks of vacation, provided they meet all other
requirements of this Article.
Employees who have completed fifteen (15) or more anniversary year of
service, but less than twenty-five (25) years of service, will be
entitled to four (4) weeks of vacation, provided they meet all other
requirements of this Article.
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Employees who have completed twenty-five (25) or more anniversary
years of service will be entitled to five (5) weeks of vacation,
provided they meet all other requirements of this Article.
Article Vl (b) above to the contrary notwithstanding, no employee
(who meets all the other requirements of this Article Vl) shall be
entitled any fewer weeks of vacation than he was entitled to take in
1984.
(c) Vacation pay will be based on a forty (40) hour week at the rate of
the permanently assigned classification on which an employee is
working at the time he takes his vacation. If an employee has held a
single higher rated classification for more than six (6) months
during the year preceding his vacation, he will receive vacation pay
computed at the higher rate. Vacation pay shall include appropriate
shift differential for those on fixed shift. Employees working on
rotating shifts shall be paid an average of the rates for the
rotating shifts involved.
(d) Vacations will not be cumulative, but so far as practicable, be
granted at times most desired by the employees, but the final right
to allotment of vacation period is exclusively reserved to the
Company in order to insure the orderly operation of the plant. In
exercising its right to allot vacation periods, the Company will not
require any employee who is on layoff to take his vacation during
periods of plant shutdown or curtailment of operation. Where
requested vacation periods conflict, preference shall be given to the
older employee in point of service.
(e) It is further agreed that if any employees have previously selected
their vacation period so that it occurs during an unforeseen shutdown
such vacation period shall not be changed.
Vacation shall be taken by the employee within the calendar year in
which it is granted as determined by the Local Agreements.
(f) No employee will be required and/or requested to work during his
seven day vacation period. The only exception will be when a
classification has two or fewer employees, no qualified personnel are
available except the employee on vacation, and an emergency situation
exists. In that event an employee on vacation may be requested to
work.
(g) The rules governing the submission of appropriate vacation
application blanks shall be defined by the Local Agreement.
(h) Upon two weeks written notice by an employee to the Personnel Clerk,
the Company will give him his vacation pay on the employee's last
shift prior to the beginning of his vacation.
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ARTICLE VII
HOLIDAYS
(a) The Company will grant eleven (11) paid holidays; these holidays
shall be listed in each Local Agreement.
(b) If any such holiday falls on Sunday, the following Monday shall be
the recognized holiday. The holiday hours shall be those hours
within the 24 hour period commencing with the beginning of the first
shift on the morning of the holiday and ending at the beginning of
the first shift the following day.
(c) Employees who are scheduled to work on a holiday shall be paid two
and one-half (2.5) times the regular straight time hourly rate.
(d) Hours worked on a holiday in excess of eight (8) in a workday, in
excess of forty (40) in a workweek, on off-days, and on callouts
shall be paid for at the applicable overtime rate.
(e) If no work is required of an employee on the above holidays, he will
receive eight (8) hours pay at the regular straight time hourly rate,
provided he meets the following qualifications.
(1) The employee shall have been employed by the Company for
at least thirty (30) calendar days prior to the holiday.
(2) The employee shall have worked his last scheduled working
day prior to and his next scheduled working day after
such holiday unless excused therefrom by the Plant
Manager on account of sickness, accident, death in the
family, or other excused absence. In no event shall a
holiday be paid for unless employee has also worked
during the thirty (30) day period immediately preceding
or immediately following the holiday except that the
thirty (30) day limitation shall not apply if the
employee was temporarily absent from work because of
sickness, accident or layoff. In any event, the employee
must work at least one day in the calendar year in which
the holiday is granted.
(f) If an employee is scheduled to work on a holiday and fails to work,
he shall not receive holiday pay, unless excused therefrom by the
Plant Manager.
(g) If an employee works on a holiday, the holiday shall be counted as a
day worked for computing weekly overtime. Paid holiday is to count
as a day worked for overtime purposes, provided holiday falls on one
of employee's scheduled workdays and he would have worked that day
except for holiday observance.
(h) An employee not scheduled to work the holiday and who subsequently
performs work on a holiday will be considered as being on callout and
will be paid eight (8) hours at the regular
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straight time hourly rate in addition to two (2) times the regular
straight time hourly rate for all time worked with a minimum of four
(4) hours at double time.*
(i) Work schedules for each workweek which include a holiday will be
posted prior to the end of the first shift on Thursday of the
previous week. If an employee is scheduled to work on a holiday, but
then instructed by the Company not to work, he shall receive for that
holiday eight (8) hours pay at two and one-half (2.5) times the
regular straight time hourly rate.
(j) The phrase "regular straight time hourly rate" as used solely in
Article VII, Holidays, shall mean the higher of either the employee's
regular straight time hourly rate or to the highest straight time
hourly rate for a job on which the employee works at least eight (8)
consecutive hours in the workweek in which the holiday falls provided
(1) that the eight hours had been previously scheduled or (2) the
hours are worked the day before or the day after the holiday whether
previously scheduled or not.
ARTICLE VIII
WAGES
(a) Considered a part of the Local Agreements are the current Job
Classifications and Rate Lists.
(b) (1) Scheduled shift workers on the first shift shall receive
the regular straight time hourly rate.
(2) Scheduled shift workers on the second shift shall receive
the regular straight time hourly rate plus 52c. PER HOUR.
(3) Scheduled shift workers on the third shift shall receive
the regular straight time hourly rate plus 75c. PER HOUR.
(4) These premium rates do not apply to day workers even
though they may work over into premium paid shift.
(5) If a day worker is scheduled to take the place of a
regular scheduled shift worker, then the premium rate for
the shift shall apply.
(6) The premium pay does not alter the provisions covered in
this contract under the head of "Working Conditions".
(c) Shift differentials shall be included as part of the regular rate in
the calculation of overtime compensation.
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(d) The Company may at its discretion increase wages in any class or to
an individual in any class without necessitating a change in the rate
of any individual or class.
(e) Any job not mentioned in this Agreement or any job with substantial
changes in duties, equipment or requirements, or any new job created
in the plant, shall be open for negotiations by the Company and the
Union as to wages upon written notice from either party to the other
party. If no agreement can be reached during the above negotiations,
the matter shall be subject to the grievance procedure.
ARTICLE IX
HANDLING OF COMPLAINTS
(a) All employees shall at all times make an effort to perform their
duties in such a manner as to promote safe and efficient operation of
their department and the plant as a whole.
(1) Should a difference arise between an employee and the
Company as to the meaning and application of this
Agreement or should a difference arise as to the meaning
and application of a recognized practice, the employee
with or without his ▇▇▇▇▇▇▇ shall present his complaint
to his ▇▇▇▇▇▇▇ within ten (10) working days after the
date of the alleged wrong or within ten (10) working days
after the date the employee received his payroll check,
whichever is later. Failure by the employee and/or the
Union to observe this time limit shall cause the
grievance to be considered settled in favor of the
Company.
(2) The ▇▇▇▇▇▇▇ shall orally reply to the employee within
five (5) working days after the date the employee
presented his complaint in Section (1). Failure by the
Company to observe this time limit shall cause the
grievance to be considered settled in favor of the
employee.
(3) If the employee is not satisfied with the ▇▇▇▇▇▇▇'▇
reply, the employee may request his ▇▇▇▇▇▇▇ to present
the grievance in writing to the Union Grievance
Committee. If the Union Grievance Committee believes
that the complaint is justified, it may submit the
complaint in writing to the Plant Manager within five (5)
working days of the date of the ▇▇▇▇▇▇▇'▇ reply in
Section (2). The Plant Manager shall schedule a meeting
with the Union Grievance Committee and any member or
members of the staff that the Plant Manager desires to
have present. This meeting shall take place within
fifteen (15) working days of the date the Union Grievance
Committee submits the grievance to the Plant Manager.
Failure to observe any time limit shall cause the
grievance to be considered settled in favor of the
employee if the Company has failed to observe the time
limit or in favor of the Company if the employee and/or
the Union has failed to observe the time limit.
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(4) The parties shall use their best efforts to settle the
complaint. If the parties agree upon the disposition of
the grievance, they shall reduce their understanding to
writing and the grievance shall be settled. If the
parties are unable to agree, the Union Grievance
Committee may at the employee's request and within thirty
(30) days of the date of the meeting between the Plant
Manager and the Union Grievance Committee submit the
grievance in writing to the Director of Industrial
Relations or his representative with copies to the
International Vice President or District Council
Representative and the Plant Manager. The Director of
Industrial Relations shall contact the International Vice
President or District Council Representative within seven
(7) days after receipt of the grievance to schedule a
meeting. The parties shall use their best efforts to
schedule the meeting within thirty (30) days. Failure to
observe any time limit shall cause the grievance to be
considered settled in favor of the employee if the
Company has failed to observe the time limit or in favor
of the Company if the employee and/or the Union has
failed to observe the time limit.
(5) After full consideration, and such conference as may be
mutually agreed upon with an International or District
Council Representative of the Union, the grievance shall
be considered settled when the employee's and the
Company's representative shall have reached an agreement.
(6) If the parties are unable to settle the grievance, either
party can notify the other party in writing that it
intends to submit the grievance to arbitration. This
notice must be given within ten (10) days FROM THE
RECEIPT OF THE WRITTEN RESPONSE FROM THE COMPANY. The
consent of the other party is not required to arbitrate a
grievance.
The foregoing to the contrary notwithstanding, either
party may exercise the following option:
For the purpose of expediting and facilitating the
resolution of a grievance which has been processed
through step (5) of the grievance procedure and which
would otherwise be submitted to arbitration, either the
Company or the Union may elect to submit said grievance
to a panel which will consist of a Vice President of the
International Union or his representative and the Vice
President of Operations of the Company or his
representative, provided that no member of the panel can
be a party to any discussion of the grievance during an
earlier step of the grievance procedure. Each party can
submit a maximum of five (5) grievances to the panel
during any calendar year. Only a grievance about the
interpretation of contract language in the Basic or Local
Agreement can be submitted to the panel. A party
electing to submit said grievance to the panel must
notify the panel and the other party within ten (10) days
after a decision has been made at step (5). The
authority of said panel shall be no greater than the
authority of the arbitrator as set forth in (d) of the
grievance procedure. The panel shall meet at the Plant
where the grievance arose.
A maximum of two members of the Union Grievance Committee
can attend a panel meeting. The decision of the said
panel shall be final and binding upon the Company
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and the Union. In the event the Union representative on
the panel and the Company representative on the panel are
unable to agree, either the Union or the Company may
elect to submit such grievance to arbitration as provided
in step (6) of the grievance procedure. The party
electing to arbitrate the grievance must give notice to
the other party within ten (10) days after the Union
representative on the panel and the Company
representative on the panel have jointly informed the
parties that the panel is unable to make a decision.
Failure to observe any time limit shall cause the
grievance to be considered settled in favor of the
employee if the Company has failed to observe the time
limit or in favor of the Company if the employee and/or
the Union has failed to observe the time limit.
(b) If either party does not notify the other within ninety (90) days of
the notice of its intent in (a) (6) above, that it now wishes to
mutually select an arbitrator and schedule a hearing date, then the
parties shall consider the grievance to have been withdrawn by the
moving party.
When the moving party notifies the other of its wish to mutually
select an arbitrator, the parties shall select an arbitrator within
ten (10) days. Failing to reach an agreement upon the selection of
an arbitrator, the moving party may request the appointment of an
arbitrator by either the Federal Mediation and Conciliation Service
or the American Arbitration Association.
Grievances heard by the arbitrator must be presented in chronological
order based on the date the grievances were written except in
discharge cases which may be presented out of chronological order or
in cases where the parties have mutually agreed in writing to waive
the chronological order requirement.
(c) All time limits set forth in (a) and (b) shall be strictly observed;
time limits can be extended by a written agreement between the
parties.
Whenever the term "working days" occurs in the grievance procedure,
it shall be defined by the parties to mean plant work days, Monday
through Friday.
Whenever the term "days" is used in this section, it shall be defined
by the parties to mean calendar days.
(d) The arbitrator shall consider only the grievance appealed to him and
shall have jurisdiction and authority only to interpret, apply, or
determine compliance with the provisions of this Agreement, and only
the extent necessary to determine the grievance. The arbitrator
shall not have jurisdiction or authority to add to, modify, detract
from, or alter in any way the provisions of this Agreement.
(e) The arbitrator's decision shall, at the request of either party, be
in writing and shall be final and binding on both parties. The fees
and expenses of the arbitration proceeding, except fees for witnesses
brought in by either party and legal counsel's fees, shall be borne
equally
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by the Company and the Union. Bargaining unit employees including
Committeemen who participate in arbitration proceedings shall not be
compensated by the Company.
(f) Grievances involving the provisions of the collective bargaining
agreement and occurring so as to be processed to arbitration at the
same time will be at the request of either party arbitrated before
the same arbitrator. However, it is agreed that not more than four
(4) cases will be heard at one series of hearings.
(g) Local Union officers and stewards off-duty and representatives of the
International Union and District Council shall, upon notice to the
Company, be permitted on Company's premises to investigate
grievances.
(h) Meetings will be conveniently scheduled so as to complete all
business within the normal working day for day employees. Any
employee who is scheduled to work during the hours the meeting is
held and who attends the meeting will be compensated by multiplying
the regular straight time hourly rate by the hours he attends the
meeting. In addition, if the employee attends the meeting beyond his
normal quitting time, he will be compensated for each additional hour
he attends the meeting by multiplying the regular straight time
hourly rate by one (1) and said additional hour or hours shall not
count toward daily or weekly overtime.
Any member of the Committee who is not scheduled to work during the
hours the meeting is held, who is not scheduled to work the third
shift immediately preceding the meeting, or who is not scheduled to
work the second shift immediately following the meeting, and who
attends the meeting, will be compensated by multiplying his regular
straight time hourly rate by all hours he attends the meeting. Any
hours paid under this paragraph shall not count toward the
calculation of any penalty or premium pay section of this Agreement
including but not limited to daily or weekly overtime. Any employee
who is receiving S.U.B. benefits, sickness and accident benefits, or
Workmen's Compensation benefits for the day of the meeting or who is
absent due to disciplinary layoff shall not receive any compensation
under this paragraph.
When a meeting is scheduled at which a representative of the
International Union and a representative of the Company from
Cleveland will attend, any member of the committee who is scheduled
work the third shift immediately preceding the meeting will be
excused from working the third shift and will be compensated by
multiplying eight (8) hours at the regular straight time hourly rate
plus shift differential if the employee has attended the meeting.
Any member of the committee who is scheduled to work the second shift
immediately following the meeting will be excused from working the
second shift if the employee has attended the meeting for six (6)
hours. In the event the employee is excused from working the second
shift, he will be compensated by multiplying eight (8) hours at the
regular straight time hourly rate plus shift differential.
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(i) The Company will reimburse no more than two (2) members of the
Union's bargaining Committee from each Local Union for scheduled time
lost due to attendance at and travel to and from Basic Agreement
Negotiations. One day travel time shall be allowed the day before
such meeting, and one day travel time shall be allowed after such
meeting. The rate of pay will be the regular straight time hourly
rate including Sunday premium, if applicable.
(j) Disciplinary letters issued to employees will remain in the Company's
employee file for twelve (12) months. At the end of the twelve (12)
month period, the disciplinary letters will not be used against the
employee in the future for purposes of progressive discipline.
This provision shall not apply if the discipline letter refers to a
disciplinary suspension of one week or more.
(k) Where there is a discussion between an hourly employee and a
supervisor that is intended as a disciplinary measure, the Company
requests that a grievance committeeman, job ▇▇▇▇▇▇▇ or other
designated employee be present.
A "disciplinary measure" shall be limited to the issuing of a
reprimand or the imposition of a penalty to an employee about which a
notation, letter or unsatisfactory performance report is subsequently
made part of the employee's personnel file.
It shall be the responsibility of the Union to appoint and have
available on each shift a committeeman, job ▇▇▇▇▇▇▇ or other employee
designated for purposes of this section who shall be identified to
the Corporation in writing.
It is not the intent of this Section to expand the total number
committeemen as provided for in each Local Supplemental Agreement.
(l) DISCIPLINE OF ONE WEEK OR MORE WILL NOT BE USED AFTER FIVE YEARS.
(l) When a grievance involving pay is settled in favor of the Union, the
employee entitled to such pay shall be paid by the second pay
following the settlement.
ARTICLE X
STRIKES AND LOCKOUTS
(a) Having provided an orderly procedure for settling all disputes, the
Company agrees not to lock-out its employees and the Union agrees
that there will be no strikes or work stoppages during the term of
this Agreement.
(b) The Company agrees not to hold the Union liable when such activities
are not authorized by the Union, provided that the Union within forty
eight (48) hours orders its members to cease and desist from such
activities.
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(c) It shall not be a violation of this Agreement or cause for
disciplinary action including discharge if an employee refuses to
cross a picket line that has been established in full compliance with
existing laws. Picket lines established as a result of
jurisdictional disputes, picket lines established for the purpose of
organizing in-plant non-bargaining unit personnel, and/or
informational picket lines are excluded from this protection.
Notwithstanding the above, employees will not honor any picket line
unless authorized by the International Union. The International
Union will not be held liable for any subsequent damage to the
Corporation resulting from refusal of employees to cross an
authorized picket line.
ARTICLE XI
SAFETY
(a) The Company will, according to its established practice, continue to
install such safety devices for the protection of the lives and
health of its employees as are required by the Workmen's Compensation
laws of the State in which the plants covered by this Agreement are
located. The Company will maintain the washhouse with heat, light
and plenty of hot water, and keep the toilets, fixtures and floors in
a sanitary condition, and will supply good drinking water wherever
necessary about the plant. Sufficient equipment and tools shall be
maintained in a safe and efficient working order, and the regulations
and safety codes adopted by the Department of Labor of the applicable
state, in the interest of protecting the safety and health of
industrial employees as they affect this industry, be strictly
observed by both parties.
(b) The Company agrees to furnish first aid and medical service to its
workers in any cases originating out of their work in the Company
plant, in compliance with the Workmen's Compensation laws of the
applicable state. Medical services shall be performed by a doctor to
be agreed upon by the Company and the plant safety committee, but at
the request of the injured, and the approval of the Plant Manager and
Director of Industrial Relations, other medical aid may be called in
at the expense of the Company for consultation or treatment of any
cases. It is agreed that a complete medical examination may be
required before an applicant is employed. Also, that complete
medical examination may be made annually or at any time at the
discretion of the Company. Copies of such reports and examinations
will be kept on file by the Company and shall at all times be
available for inspection to such employees. Copies thereof shall be
furnished to such employee's designated physician upon request.
(c) A Joint Safety and Health Committee shall be established consisting
of four members, two appointed by the Company and two appointed by
the Local Union. In the event that a member is absent from a meeting
of the Committee, his alternate may attend and when in attendance
shall exercise the duties of the member. The Safety Director or his
designee will be the fifth member and act as Chairman of the
Committee.
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The Joint Committee shall meet as often as necessary, but not less
than once each month at a regularly scheduled time and place for the
purpose of jointly considering, inspecting, investigating and
reviewing health and safety conditions and practices and
investigating accidents and for the purpose of jointly and
effectively making constructive recommendations with respect thereto,
including but not limited to the implementation of corrective
measures to eliminate unhealthy and unsafe conditions and practices
and to improve existing health and safety conditions and practices.
All matters considered and handled by the Committee shall be reduced
to writing, and joint minutes of all meetings of the Committee shall
be made and maintained. One union representative to the Committee
will accompany a Federal or State investigator on a walk-around
inspection or investigation, and will attend any pre-or
post-inspection conferences. All time spent in connection with the
work of the Committee by a Union Representative including all time
spent in pre-or post-inspection conferences and walk-around time
spent in relation to Federal and State inspections and investigations
as provided for above, shall be compensated at the employee's regular
straight time hourly rate. Any time spent during the hours the
employee is scheduled to work shall count toward the calculation of
any penalty or premium pay section of this Agreement including, but
not limited to daily or weekly overtime. Any time spent outside of
the hours the employee is scheduled to work shall not count toward
the calculation of any penalty or premium pay section of this
Agreement. No time spent outside of the hours the employee is
scheduled to work shall be compensated at a rate greater than one (1)
times the employee's regular straight-time hourly rate.
Any employee who believes his job presents a hazard to his safety or
health may request an immediate review of his job by the Joint Safety
and Health Committee.
No employee shall be disciplined or discharged for refusing to work
on a job if his refusal is based on a bona fide claim that said job
is not safe or might unduly endanger his health or safety.
(d) (1) An employee shall be paid a premium when he is required
to:
A. work within a kiln during the first ten (10) hours that
the kiln has been shutdown after it has been operating at
a normal level;
B. work within a cooler during the first two (2) hours that
the cooler has been shut down after it has been operating
at a normal level;
C. work within a kiln precipitator during the first four (4)
hours following the shut down of the kiln providing the
precipitator was handling the kiln gases at the time of
kiln shutdown;
D. work within a section of a kiln precipitator or a kiln
baghouse while the kiln is in operation and the other
sections of the baghouse or the precipitator are in use.
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The premium shall be calculated by multiplying the
regular straight time hourly rate by one-half (0.5) for
each and every hour worked up to the 10, 2, and 4 hours
mentioned in A, B and C above and for 1/2 the hours
worked in D above. Said premium shall be paid in
addition to whatever compensation the employee is
otherwise entitled to receive under any other section of
this Agreement.
(2) Each Plant Safety Committee will meet to determine those
areas of the Plant where an employee is subject to
excessive radiant heat for extended periods of time. The
Committee will consider all conditions which affect the
level of heat encountered including ambient air
temperature. Upon making said determination, the
Committee will decide what the Company shall provide as
reasonable protective apparel against excessive radiant
heat.
(3) In the event that an employee is required to work on top
of roofs, silos, scale a quarry face or work in a silo
under conditions that are hazardous to an employee's
safety, the hours worked shall be compensated for by
multiplying the regular straight time hourly rate by
one-half (0.5) for each and every hour worked that is
deemed hazardous, and this hazardous work premium shall
be paid in addition to whatever compensation the employee
is otherwise entitled to receive under any other section
of this Agreement.
(e) Should the Company require an employee to wear foot protection, the
Company will furnish such protection without cost to the employee.
The liability of the Company with regard to safety shoes will be
limited to not more than two (2) pair in any one year. A new pair of
shoes will only be provided an employee when the worn out pair is
turned in for replacement.
(f) If a mandatory eye protector program is adopted: (1) the Company will
pay for the cost of the eye examination if safety glasses with
corrective lenses are required; (2) the Company will pay for safety
glasses whether or not the glasses require corrective lenses. Safety
glasses with or without corrective lenses will not be replaced more
than once a year unless broken or otherwise damaged on the job.
(f) THE COMPANY AGREES TO ALLOW AN $80 REIMBURSEMENT FOR SAFETY SHOES
BEGINNING MAY 1, 1998. THIS ALLOWANCE IS TO BE INCREASED BY $2.50 ON
THE ANNIVERSARY DATE EACH YEAR OF THE AGREEMENT.
(g) The Company shall furnish all tools and equipment for its employees
except to repairmen and other skilled trades, in which case these
employees shall furnish their own hand tools. "Hand tools" as used
herein shall not include socket sets, wrenches more than twelve (12)
inches long, and all other specialized tools incident to the work of
the mechanical, maintenance and skilled trades. Any hand tool that
the employee uses in the performance of his job duties will be
replaced by the Company if they are broken, worn out, lost or stolen.
Unusable tools will be presented to the Company prior to replacement.
Lost or stolen tools must be immediately reported to the Company for
replacement approval.
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Employees temporarily transferred to maintenance classifications
shall be supplied with necessary tools.
(h) The Furnishing of Gloves: The Company will continue its existing
local practices regarding the furnishing of gloves.
Employees who are not presently receiving gloves under existing local
practices shall receive one pair of gloves at the beginning of each
contract year, and each such employee shall receive a maximum of one
additional pair per contract year from the Company upon return of his
worn out gloves.
In the event such an employee wears out and returns the two pairs of
gloves provided to him, the Company shall sell him an additional pair
of gloves for each worn out pair of Company provided gloves he
returns. Said gloves shall be sold to the employee at the price paid
by the Company.
(i) If the Company requires an employee to take a physical examination,
the Company agrees to pay for the physical examination and also
agrees to pay the employee at his straight time hourly rate for all
time spent in the doctor's office taking the physical examination;
provided, however, employees receiving S & A and/or Workmen's
Compensation benefits are not entitled to any compensation under this
section. (Doctor releases for returning to work are not considered
physical examinations and will not be paid under this section).
ARTICLE XII
MILITARY SERVICE
(a) The Company and the Union shall comply with the Universal Military
Training and Service Act of 1950, as amended.
(b) Active employees with one year seniority and who are in the Reserve
of any branch of the military service, including the National Guard,
who are required to attend a summer encampment as part of their
Reserve obligation shall receive from the Company the difference
between the amount of pay received for such encampment and his
regular straight time hourly rate of pay for up to a maximum of two
(2) weeks per calendar year.
ARTICLE XIII
SUPPLEMENTAL UNEMPLOYMENT BENEFIT PLAN
The Company agrees to pay out of its funds (and not out of the Trust Fund
established under Article III of the Plan) benefits in amounts equal to those
provided by Section 2 of Article VIII of the Plan upon termination of
employment on or after May 1, 1965, after an employee (as defined
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in Section 6, Article II of the Plan) is sixty-five years old, provided such
employee is not eligible for a pension under the current Pension Plan for
Hourly Employees of the Company.
The foregoing to the contrary notwithstanding, the above payment shall not be
paid directly by the Company until termination benefits paid from the Trust and
Contingent Funds exhaust those funds.
ARTICLE XIV
SUBCONTRACTING
(a) The Company will not contract for production or maintenance work
customarily performed by its own employees unless it is more
economical, expeditious, and/or efficient to do otherwise.
(b) The Company may enter into contract arrangements for obtaining raw
materials, semi-finished or finished products.
(c) Notwithstanding the above, the Company will not contract or
subcontract work covered by Paragraphs (a.) or (b.) above if it will
directly result in the 1) laying off of (or failure to recall
qualified) bargaining unit employees, or 2) the reduction of hours of
bargaining unit employees below 40 hours a week; or 3) reduction of
employees to a lower rated classification. It is understood that
layoffs attributable to such things as inventory or production
adjustments, changes in methods, processes or technologies, and/or
break downs or failure of equipment power failure or any conditions
beyond the control of the Company, are specifically exempted from
this commitment.
(d) Further, (a), (b) and (c) above does not apply to new construction or
to construction involved in major modification work.
(e) The Company agrees to notify the Local Union in writing with a copy
to the International or District Representative who services the
Local Union, sent by registered mail, at least fourteen (14) days in
advance if reasonably possible, and to meet with the Union, upon
request by the Union, for explanation of the reasons causing the
Company to decide to contract any production and maintenance work.
The parties agree that while notification is an important part of the
working relationship between the parties and should be adhered to in
order to reduce the number of disputes concerning sub-contracting the
parties also recognize and agree that this Section of the Contract
does not require any penalty when the Company fails to give proper
written notice of its intention to sub-contract.
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ARTICLE XV
MISCELLANEOUS
(a) The Company will enter into a Union label agreement for the Company's
packaged products.
(b) All basic, supplemental, pension, S.U.B. and insurance agreements
will be printed at the Company's expense and will bear the Union
label. The Company will provide each local with a supply of the
booklets. The Company will print all Agreement booklets in large and
legible type.
(c) If the Union alleges that a Leadman or Temporary ▇▇▇▇▇▇▇ is exceeding
or abusing his authority or that his actions violate the Contract,
the Union may grieve their allegations directly to the Plant Manager.
The Company will notify the employees involved whenever a Leadman or
Temporary ▇▇▇▇▇▇▇ is being assigned.
ARTICLE XVI
TERM OF AGREEMENT
(a) This Agreement shall be binding upon the parties hereto, their
successors, administrators, executors and assigns. In the event of
the sale or lease by the Company of any of the plants covered by this
Agreement, or in the event the Company is taken over by sale, lease,
assignment, receivership or bankruptcy proceeding, such operations
shall continue to be subject to the terms and conditions of this
Agreement for the life thereof.
The Company will notify the Union immediately prior to any Company
press release concerning the intended sale or completed sale of a
Plant.
The Company shall give notice of the existence of this Agreement to
any purchaser, lessee or assignee of said plant. Such notice shall
be in writing with a copy to the Union not later than the effective
date of the sale.
(b) After ratification by the members of the Local Unions this Agreement
shall become effective and remain in full force and effect and be
binding upon the parties hereto from the date ratification is
certified by the International Union to and including April 30, 1998,
and it shall continue in full force and effect thereafter from year
to year until either party on or before March 1st of any year,
beginning March 1, 1998 gives written notice to the other party of
its desire or intention either to alter or modify or to terminate the
same. If such notice is given, the parties hereto shall begin
negotiations not later than March 31st in such year and this
Agreement shall continue in full force and effect until completion
and signing a new Agreement, provided, however, that after such
negotiations have continued without reaching an agreement until May
1st in any year, then either party may terminate this Agreement, at
any time thereafter upon notice.
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(c) The written notice set forth in (b) above by either party shall
contain any changes or amendments desired, and only such changes or
amendments as are contained in the two written notices shall be
discussed by the conferees.
(d) The proposals and counter-proposals made by each party shall not be
used, or referred to, in any way during or in connection with the
arbitration of any grievance arising under the provisions of the
Agreement.
Ratification of this Basic Agreement and the Local Agreements was certified by
▇.▇. ▇▇▇▇. International Union Representative, on May 7. 1994.
FOR THE MEDUSA CEMENT COMPANY FOR THE UNITED CEMENT, LIME
(DIVISION OF MEDUSA CORPORATION) GYPSUM AND ALLIED WORKERS
DIVISION (Boilermakers Union)
----------------------------------- -----------------------------------
----------------------------------- -----------------------------------
----------------------------------- -----------------------------------
/98 /98
FOR THE CLINCHFIELD PLANT FOR LOCAL D-23
----------------------------------- -----------------------------------
----------------------------------- -----------------------------------
/98 /98
FOR THE CHARLEVOIX PLANT FOR LOCAL D-480
----------------------------------- -----------------------------------
----------------------------------- -----------------------------------
/98 /98
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August 5, 1987
Mr. August Clavier
THE CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇▇:
This letter will confirm that the Company has not entered into any secret
agreements with any sub-contractors for the purpose of making reductions in
employment at the plants nor does it have any plan to enter into any agreements
the effect of which would be in violation of the sub-contracting clause of the
labor agreement.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Corporate Director of
Labor Relations
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AGREEMENT BETWEEN
MEDUSA CEMENT COMPANY (Division of Medusa Corporation)
and
THE CEMENT, LIME, GYPSUM AND ALLIED WORKERS
DIVISION (INTERNATIONAL BROTHERHOOD OF
BOILERMAKERS, IRON SHIP
BUILDERS, BLACKSMITHS, FORGERS AND HELPERS, AFL-CIO)
LOCAL NO. D480 - CHARLEVOIX, MICHIGAN
LOCAL SUPPLEMENTAL AGREEMENT
EFFECTIVE MAY 1, 1998 TO MAY 1, 2003
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LOCAL UNION NO. D480 - CHARLEVOIX, MICHIGAN
LOCAL SUPPLEMENTAL AGREEMENT
I Agreement and Purpose 1
II Union Recognition and Security 2
III Management 2
IV Seniority 2
V Employment and Promotion 3
VI Working Conditions 4
VII Vacations with Pay 5
VIII Holidays 7
IX ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇
▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇
▇▇ ▇▇▇▇ of Agreement 10
Job Classifications and Wage Rates 11
Local Agreements 24
Charlevoix Seniority List 27
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AGREEMENT BETWEEN
MEDUSA CEMENT COMPANY (Division of Medusa Corporation)
and
THE CEMENT, LIME, GYPSUM AND ALLIED WORKERS DIVISION
(International Brotherhood of Boilermakers, Iron Ship
Builders, Blacksmiths, Forgers and Helpers, AFL-CIO)
LOCAL UNION NO. D480 - CHARLEVOIX, MICHIGAN
LOCAL SUPPLEMENTAL AGREEMENT
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ARTICLE I
AGREEMENT AND PURPOSE
(B.A. Article 1)
(a) This Agreement is by and between the Medusa Cement Company, Division
of Medusa Corporation, hereinafter called the "Company" and the
Cement, Lime, Gypsum and Allied Workers Division No. 480 affiliated
with the Cement, Lime, Gypsum and Allied Workers Division
(International Brotherhood of Boilermakers, Iron Ship Builders,
Blacksmiths, Forgers and Helpers, AFL-CIO) hereinafter called the
"Union" and is supplemental to and a part of the Basic Agreement
dated May 1, 1998 by and between the Company and the said Division.
(b) All Agreements reached between the Union and the Company shall be
reduced to writing and signed by the parties.
ARTICLE II
UNION RECOGNITION AND SECURITY
(B.A. Article II)
(a) The Company is willing at all times to meet its employees' committee
and representatives of the International Union for the purpose of
discussing wages, hours, and working conditions, with the object to
reach a satisfactory agreement.
(b) The committee shall consist of not more than five (5) and not less
than three (3) members.
(c) Union dues will be deducted as close as the system permits, from the
weekly paycheck after the first full week of the month for that given
month. The Personnel Clerk will cooperate with the Financial
Secretary of the Union if individual collection problems arise.
ARTICLE III
MANAGEMENT
(a) The Union agrees to recognize the Company's right to manage its plant
and direct its working force except as specifically limited by the
terms of this Agreement.
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ARTICLE IV
SENIORITY
(B.A. Article III)
(a) Any employee detained from work on account of sickness or for any
other good reason shall notify the Plant Manager or his ▇▇▇▇▇▇▇,
before the start of his shift. Any employees absenting themselves
from work for five (5) consecutive days without good and satisfactory
reasons may be discharged and dropped from the seniority list and
payroll of the Company. Repeated absence of less than five (5) days
shall be subject to a progressive disciplinary program, and the Local
Union will receive communications pertaining to each step
disciplinary action within one working day excluding Saturdays,
Sundays, and holidays of any action taken.
(b) Subject to the approval of the Company, employees requesting a leave
of absence in writing for personal reasons may be granted leaves of
absence not to exceed thirty (30) calendar days.
ARTICLE V
EMPLOYMENT AND PROMOTIONS
(a) When considering applicants for a vacant job pursuant to Article IV
Section (h) of the Basic Agreement, an employee who has previously
held and worked on_a job permanently for one year or more in the
THREE years prior to the bid in question shall have preference over
an employee who has not previously held that bid job. When the
Company elects to award a job to an applicant who will require
training to satisfactorily perform the work, the employee to whom the
job was awarded will receive the rate of pay for the job he
previously held or the rate of pay for the job he was awarded,
whichever is less. It is understood that when the Company trains an
employee, the employee in training will not work in place of an
employee whose job is the same as the employee in training. When an
employee's training is completed, the employee will be paid the rate
of the job he was awarded. This section does not apply to an
employee who bids for a maintenance job.
ARTICLE Vl
WORKING CONDITIONS
(B.A. Article V)
(a) In accordance with Article (V)(h)(2) of the Basic Agreement overtime
in the various job classifications will be reasonably equally divided
among the employees of the respective job classification insofar as
it is practical to do so.
(b) Temporary Job Vacancies: The Company shall not be required to fill
temporary job vacancies, whether scheduled or unscheduled, unless the
efficient operation of the plant requires that said temporary job
vacancies be filled.
(c) When the Company determines that a temporary vacancy, scheduled or
unscheduled, is to be filled by a laborer, the assignment will be
made in the best interest of the efficient
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operation of the Plant. In many instances, the company will offer
the senior laborer an upgrade to higher rated classifications and
will continue to do so depending on the circumstances, but not as a
contractual requirement. However, if the Union determines that a
repeated pattern and Practice of ignoring seniority on upgrades has
developed concerning a particular individual or group of individuals,
it may grieve such allegation directly to the Plant Manager.
If the Union determines that evidence indicates that the Company is
pre-training certain laborers so that employees are being
discriminatorily selected for a particular job opening, it may
present this allegation in the form of a grievance which will
commence at the third step of the grievance procedure.
Experience gained in a temporary job assigned or awarded in
accordance with this Section shall not be considered in the awarding
of any job. This Section does not alter or change the terms and
provisions of Section (b).
(d) The Normal schedule for day shift laboratory employees shall be 7:00
A.M. to 3:00 P.M. with a paid lunch period. This agreement does not
limit the Company's right to change schedules under the scheduling
clause.
(e) The Company is willing to post changes in an employee's schedule if
it changed after the Thursday posting. The parties recognize that
this is for information purposes only, there are no time requirements
and that no penalties are required if such posting does not take
place.
(f) The Company will ensure that only properly trained individuals are
assigned to operate the Mobile Crane.
(g) Under normal circumstances, if the Company requires an employee in
the Quarry to go to the Plant to obtain parts or supplies, it will
provide transportation to and from the Plant.
ARTICLE VII
VACATIONS WITH PAY
(B.A. Article Vl)
(a) In accordance with Article Vl(a) of the Basic Agreement any employee
who works during at least thirteen (13) weeks in each calendar year
shall be granted vacation off work without loss of pay, according to
the schedule in Section (b) of Article Vl of the Basic Agreement.
(b) The Company shall submit appropriate application blanks to the
employee within the first week of the calendar year, and they are to
be returned to the Company within one month. In the event an
employee fails to return this form to the Company, then after this
one month period, the Company shall designate the employee's vacation
period, and notify the employee who fails to return this application
to the Company and the Union of the vacation
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period designated for the employee. All vacation blanks received
from employees or issued by the Company shall be returned to the
employees not later than the first week in March.
(c) Any change in an employee's selected and designated vacation period
must be approved by the Company and the Union Committee.
(d) (1) Employees entitled to two (2) or more weeks of vacation
may be permitted to take such vacations in two (2)
separate periods of not less than one (1) week each.
Seniority preference, however can be exercised in only
one (1) such vacation period.
(2) At the option of the employee, one week of his vacation
may be taken in single days, provided that he states his
intentions when selecting his vacation at the start of
the calendar year.
When making the final selection of the single vacation
days, the employee shall give as much notice as possible
but not less than 72 hours and request approval by the
Plant Manager to take the vacation days chosen. This
request shall not be unreasonably withheld.
If an employee's schedule is changed after the Thursday
posting as a result of another employee taking a vacation
day one day at a time, there shall be no schedule penalty
paid to such employee.
(e) Vacations shall be taken within the calendar year in which it is
granted.
(f) Employees who have one (1) or more years of service and who are
separated from service for any reason will receive vacation pay due
them on the following basis: One-twelfth (1/12) vacation credit for
each one hundred (100) hours worked in his current calendar year.
(g) In the event the employment of any such employee is terminated for
any reason, the Company shall pay to the employee, or to his
beneficiary in the event of his death, all vacation due.
(h) THE BALANCE OF AN EMPLOYEE'S SINGLE DAY VACATION WHICH IS NOT
SCHEDULED AND APPROVED BY SEPTEMBER 1 OF EACH YEAR WILL BE SCHEDULED
BY MANAGEMENT.
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ARTICLE VIII
HOLIDAYS
(B.A. Article VII)
(a) New Year's Day, Good Friday, Memorial Day, Independence Day, Labor
Day, First Day of Michigan Deer Season, Thanksgiving Day, Christmas
Day, and three floating holidays are recognized as "Holidays".
(b) AN EMPLOYEE REGULARLY SCHEDULED ON A ROTATING SHIFT THAT HAS A
HOLIDAY OBSERVED DURING THEIR NORMAL WORK WEEK WOULD HAVE THE
FOLLOWING OPTIONS:
A. THE EMPLOYEE COULD WORK THE HOLIDAY AND PRESENT CONTRACT LANGUAGE
WOULD APPLY.
B. THE EMPLOYEE WILL NOTIFY THE COMPANY ONE (1) WEEK PRIOR TO THE
HOLIDAY THAT HE ELECTS TO WORK THE HOLIDAY AS A "NON HOLIDAY" AT THE
APPROPRIATE RATE AS THOUGH IT WAS A REGULAR WORKDAY AND RECEIVE AN ADDITIONAL
FLOATING HOLIDAY.
THE ABOVE WOULD APPLY TO HOLIDAYS OCCURRING PRIOR TO SEPTEMBER 1ST
OF THE AFFECTED YEAR.
THE COMPANY WILL REVIEW THIS DURING THE FIRST TWO CALENDAR YEARS
OF THE CONTRACT AND NOTIFY THE UNION IF THIS PRACTICE WILL CONTINUE THE
REMAINDER OF THE CONTRACT TERM BY 31 DECEMBER 1999 OF THE SECOND YEAR.
ARTICLE IX
BULLETIN BOARDS
(a) The Company agrees to allow the proper officers of the Union who are
employees of the Charlevoix Plant of the Company to use one
designated section of the plant bulletin board for posting notices in
the interest of the Company and its employees.
ARTICLE X
MISCELLANEOUS
(B.A. Article XV)
(a) The Company will post a copy of the job description when a new job is
bid.
(b) As has been the practice, classified employees will be assigned to
assist servicemen engaged by the Company to work on Company-owned
equipment during regular or overtime hours whenever their services
are required. THE COMPANY WILL NOT BE REQUIRED TO ASSIGN CLASSIFIED
PERSONNEL TO ASSIST SERVICEMAN PERFORMING ROUTINE LUBRICANTS AND
FLUIDS SERVICE REQUIRED TO MAINTAIN WARRANTY CONDITIONS.
(c) The Company will meet with the Union Committee as soon as practical
after disciplinary action has been taken against an employee which
results in loss of pay to explain the reasons for the discipline
given.
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Under certain circumstances the Company may notify the Union of such
action prior to the time action is actually taken.
(d) If an employee's paycheck is short in excess of $25.00, the Company
ill make up the shortage in cash or check prior to the completion of
his next scheduled shift (excluding weekends and holidays).
(e) In the event that an endloader is used to replace the shovel for the
purpose of digging and loading stone at the quarry face, the
endloader operator shall be paid the regular classified hourly rate
of the shovel operator. A man classified as a shovel operator may
only operate a front end loader when loading shot rock, shale or
sand.
(f) If the Company requires an employee to work overtime without at least
one (1) day's notice, and the employee is unable to obtain
transportation to his house, the Company will provide transportation
for the employee.
(g) Mowing lawns with power-driven equipment: Service equipment
operators rate.
(h) Painters - Bracket 11 (painting walls, floors, etc., with brushes,
mixing, aesthetic qualities, etc. are important) and Bracket 8
(machinery and equipment, railings, steps, guards, etc. - using
brushes or spray guns - industrial painting). Does not limit right
to contract out work. Rate only.
(i) The Company will continue to supply protective leathers and coveralls
for the jobs it has in the past and make sure adequate quantities of
same are available for on the job use.
(j) An overtime list shall be posted weekly and shall include total hours
worked and refused. Call-out sheets will be posted each day, Monday
through Friday.
(k) The Company will initiate a program to provide specific training
courses for specific cement plant equipment. These programs will be
reviewed by the Maintenance Training Committee by August 15, 1978.
The Committee will meet thereafter as required to review progress of
trainees and course content.
The maintenance training program shall be modified to limit the
number of trainees to a maximum of forty percent (40%) in the
electrical and instrument areas.
When job openings occur such that the number of trainees would exceed
this percentage the job opening will be bid for qualified electrician
or instrumentman rather than for a trainee.
The maintenance training committee shall use their efforts to improve
the course content in these two areas to improve the skill and
knowledge levels.
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(l) The Company has purchased a 3-1/2 yard bucket endloader which will be
assigned to the Service Equipment Classification.
(m) Maintenance Training Committee shall meet at least once every month.
(n) For purposes of overtime distribution, when probationary employees
are added to a job classification they will enter the classification
at the highest number of overtime hours existing in the
classification plus one.
(o) It is understood by both the Union and the Company that the Director
of Industrial Relations will contact the payroll department of each
plant to make arrangements that will allow for S.U.B. payments to be
made by the end of the second week an employee is laid off. This
arrangement will be made within a six (6) week period following the
ratification of the 1975 contracts by the Local Unions.
It is further understood that any S.U.B. payments made in advance of
meeting the requirements of the existing S.U.B. agreement between the
parties will remain subject to Section 7, Recovery of Overpayments,
of the S.U.B. Agreement.
ARTICLE Xl
TERM OF AGREEMENT
(B.A. Article XVI)
(a) This Agreement shall have the same effective date and term and is
subject to the same conditions and expiration provisions as the Basic
Agreement.
IN WITNESS WHEREOF, this Agreement between the parties has been
executed by their duly authorized representatives this ____ day of
May, 1998.
FOR THE MEDUSA CEMENT COMPANY FOR THE UNITED CEMENT, LIME
(DIVISION OF MEDUSA CORPORATION) GYPSUM AND ALLIED WORKERS
DIVISION (Boilermakers Union)
----------------------------------- -----------------------------------
----------------------------------- -----------------------------------
----------------------------------- -----------------------------------
98 98
FOR THE CHARLEVOIX PLANT FOR LOCAL D-480
----------------------------------- -----------------------------------
----------------------------------- -----------------------------------
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WAGE RATES - CHARLEVOIX PLANT
EFFECTIVE
---------
BRACKET JOB TITLE 05/01/98 05/01/99 05/01/00 05/01/01 05/01/02
------- ---------
1 Laborer (1) $13.99 $14.59 $15.14 $15.69 16.24
2 Janitor 16.16 16.76 17.31 17.86 18.41
3 - 16.31 16.91 17.46 18.01 18.56
4 - 16.46 17.06 17.61 18.16 18.71
5 - 16.61 17.21 17.76 18.31 18.86
6 - 16.76 17.36 17.91 18.46 19.01
7 - 16.91 17.51 18.06 18.61 19.16
8 - 17.06 17.66 18.21 18.76 19.31
9 - 17.21 17.81 18.36 18.91 19.46
10 - 17.36 17.96 18.51 19.06 19.61
11 ▇▇▇▇▇▇▇▇ 17.51 18.11 18.66 19.21 19.76
12 Lubeman 17.66 18.26 18.81 19.36 19.91
Repairman B
Mechanic B
Service Equipment Operator
Truck Driver - Quarry
Driller - Blaster
-----------------
13 - 17.81 18.41 18.96 19.51 20.06
14 Mobile Crane Operator 17.96 18.56 19.11 19.66 20.21
Instrument B
Electrician B
Diesel Mechanic B
15 Machinist B 18.11 18.71 19.26 19.81 20.36
Cement Loader
16 Laboratory Technician 18.26 18.86 19.41 19.96 20.51
17 Repairman A 18.41 19.01 19.56 20.11 20.66
Combination Quarry Operator
▇▇▇▇▇
Mechanic A
18 - 18.56 19.16 19.71 20.26 20.81
19 Electrician A 18.71 19.31 19.86 20.41 20.96
Machinist A
Instrument A
Mechanic A - Deisel
Analytical Chemist
Physical Chemist
Utility Chemist
Shovel Operator
20 - 18.86 19.46 20.01 20.56 21.11
21 Control Room Operator 19.51 20.36 21.16 21.71 22.26
Shift Breaker
(1) Laborers hired after May 1, 1998 shall be paid in accordance with
the following schedule:
New Hire Rate $10.49 11.09 11.36 11.77 12.18
I 6 months after D.O.H. 11.19 11.67 12.11 12.55 12.99
II 1 year after D.O.H. 12.59 13.13 13.63 14.12 14.62
III 1-1/2 years after D.O.H. 13.99 14.59 15.14 15.69 16.24
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May 20, 1981
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The following understanding has been agreed to by the Company and the Local
Union:
PROCEDURE FOR OVERTIME-CHARGING OF REFUSAL
1. A weekly overtime list will be posted as a guide to equally divide
overtime in the respective job classifications.
2. Under normal circumstances all calls for callouts shall be verified
by a bargaining unit member.
3. Overtime will be charged as long as contact is made at the employees
home.
4. Refused overtime will be charged at 1 X's the time worked or paid,
whichever is greater. If an employee has no phone, he will be
charged as if refused. Grievance pay in regards to OT, ▇▇▇▇▇▇▇
working, etc., will be charged as overtime worked.
5. Refused overtime is not to be charged when an employee is on
vacation, on sick & accident, workmen's compensation, on funeral
leave, or leave of absence.
6. Overtime refused once in a 24-hour period does not mean the employee
has refused all overtime for that period. Contacts or callouts will
not be made in less than four (4) hour intervals.
7. When an employee returns to work after being off on S & A or
Workmen's Comp., he shall have his overtime brought up to one (1)
hour below the lowest man in the classification. Leave of absence,
etc.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
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51
April 23, 1979
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
OVERTIME DISTRIBUTION FOR REFRACTORY REPAIR
POLICY AND GUIDELINES
PLANED SHUTDOWN OF KILN
Overtime to be distributed first among the following classifications:
Control Operator
Process Repair - Mobile Equipment Oper.
Laboratory Technician
Those regularly scheduled to work will work overtime if required. Those
scheduled off, will remain off, unless additional help is needed, in which case
the man with the lowest number of overtime hours in the above classifications
will be called first.
UNPLANNED (EMERGENCY) SHUTDOWN FOR BRICK REPAIR
Overtime divided first among the following classifications:
Control Operator
Process Repair-Mobile Equip. Oper.
Laboratory Technician
1. No overtime will be created for the purpose of equalizing overtime.
2. Unless specific circumstances require that additional hours be
worked, four hours overtime in addition to the regularly scheduled
eight hours shall be considered maximum, as well as eight hours
overtime on an off day.
This shall not constitute a guarantee for those hours.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
51
52
July 13, 1978
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The following understanding has been agreed to by the Company and the Local
Union.
FILLING VACANCIES ON SHIFT (applies to full 8 hour shift)
If low overtime individual in classification is on off day when vacancy occurs,
he will be offered the full 8 hour shift. If he refuses or if off individual
is not low overtime, then the shift will be split in 4 hour increments between
individuals on shift either side of the vacant shift.
No penalty payment is required if this procedure is not followed.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
52
53
August 28, 1980
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The following understanding has been agreed to by the Company and the Local
Union:
AGREEMENT CONCERNING DUTIES OF PROCESS REPAIR-MOBILE
EQUIP. OPERATOR
As part of their duties the Process Repair - Mobile Equipment Operators use
endloaders of 4 or more cubic yards capacity and other small mobile equipment.
The use of small endloaders is limited to the work necessary to provide access
to production machinery, the movement of materials necessary to keep production
machinery operating, and other uses related to their shift operations. Use of
small endloaders for general clean up and house keeping falls within the
Service Equipment Operators classification.
Operation of all other small equipment is limited to the use necessary to
perform their primary function of their job, i.e., such as the use of a fork
lift to handle brick.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
53
54
September 4, 1980
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The following understanding has been agreed to by the Company and the Local
Union.
This letter is written in conjunction with the combination of the PAR, PU, and
Endloader Operator jobs into one job title - Process Repair - Mobile Equipment
Operator.
The operation of the 50 ton quarry trucks by the Process Repair - Mobile
Equipment Operator will be limited to the handling of kiln dust. This includes
pugging, hauling and clean-up of this total area.
The scraper will be limited to Quarry Utility classification wherever it is
used.
The operation of endloaders involved in quarrying, stripping, road building and
land reclamation belongs to the quarry classifications.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
54
55
11/21/78 (Revised as to Job Title 8/29/80)
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The following understanding has been agreed to by the Company and the Local
Union:
MOBILE CRANE OPERATOR
The mobile crane (cherry picker) is operated by the repairmen, mechanics,
quarry utility, and Service Equipment Operator classifications.
Quarry Utility operation of the crane is limited to activities associated with
the quarry other than repair work.
When the crane is being used, and the repairman, mechanics or quarry utility
are working on overtime, and the overtime actually worked on the job exceeds 2
hours, the qualified Service Equipment Operators shall be offered the job of
operating the crane.
Operation of the crane, when not involved in the above procedures, shall be in
the Service Operators classification.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
55
56
May 18, 1976
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The following protection clause is still in effect:
"Employees who are classified as "day maintenance" personnel as of June 1,
1969, will not have their schedules changed to require them to work five (5)
days at straight time other than Monday through Friday, first shift, except
past practice in regard to a plant shutdown remains unchanged. The Company can
establish new jobs that historically have been "day maintenance" jobs, and
schedule these jobs to work days and shifts other than Monday through Friday,
first shift. However, the job held by an employee who is classified as "day
maintenance" as of June 1, 1969, cannot be eliminated until the job is vacated
by the employee.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relation & E.E.O.
56
57
May 18, 1979
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The following understanding has been agreed to by the Company and the Local
Union:
Floating holidays will be administered under the same guidelines as present
vacations. A senior employee may not bump a junior employee from his/her
selection once the selection has been approved.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
57
58
March 28, 1980
Mr. August Clavier
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇▇
This letter is to confirm the Company's position and action taken by the
parties at our meeting with Local 480 at our Charlevoix Plant on March 25,
1980.
GRIEVANCES SCHEDULED FOR ARBITRATION
GRIEVANCE #47-78 - When the Company determines that it is necessary to require
an employee or employees in a classification to work overtime, it will go to
the qualified employee lowest in overtime in the classification who has not
voluntarily accepted that overtime, who is present in the plant. If sufficient
▇▇▇▇▇▇▇ is not obtained at the Plant for the overtime required, the Company
will go to the employee lowest in overtime in the classification who is off, to
work the required overtime.
As circumstances permit, the Company will go outside the classification to
attempt to obtain another qualified employee before requiring an employee in
the classification to work overtime.
In the settlement of the grievance, the Company will reduce the three-day
disciplinary layoff to one day and the two applicable grievants will be paid
sixteen (16) hours at straight time.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
58
59
November 4, 1981
▇▇. ▇▇▇▇ ▇▇▇▇▇, Recording Sec'y.
United Cement, Lime & Gypsum
Workers International
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇▇▇:
Subject: Operating Shift Brkr. Overtime
Per our agreement at the Third Step meeting on 10-21-81 concerning Grievance
#59-81 and #66-81 the following:
The OPERATING SHIFT BREAKER will be included in both the Control Room Operator
classification and ▇▇▇▇▇ classification for overtime purposes. His overtime
total will be incorporated in both these classifications.
Very truly yours,
▇▇ ▇▇▇▇▇▇
Production Supt.
EP:s
cc: ▇. ▇▇▇▇▇
T. ▇▇▇▇▇▇
▇. ▇▇▇▇
K. Pack
▇. ▇▇▇▇▇▇▇
Shift ▇▇▇▇▇▇▇
File
59
60
MEMORANDUM OF UNDERSTANDING - 5/20/87
CHARLEVOIX PLANT
Should the Machinist classification be in a position where there is only one
person in the classification and he has not completed the Maintenance
Progression Program, and the Company determines another person should be added
to the classification, it will take the following steps:
1. It will post for a Machinist "A" and will review those who bid on the
job. If no one is qualified to fill the duties of a Machinist "A"
then,
2. The Company may hire a Machinist "A" to fill the position.
The parties recognize that this is an exception to the current terms of the
Maintenance Progression Agreement and is without precedence for any future
situations in any other classification covered by that Agreement.
For Local D480, Cement, Lime, Gypsum
and Allied Division (International
Brotherhood of Boilermakers, Iron
For the Medusa Cement Ship Builders) BLACKSMITHS,
Company (Division of FORGERS AND HELPERS (AFL-CIO)
Medusa Corporation AFL-CIO)
------------------------------ ------------------------------
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CHARLEVOIX PLANT
SENIORITY
NAME DATE
▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 6/12/66
▇▇▇ ▇▇▇▇▇▇▇ 6/5/67
▇▇▇▇ ▇▇▇▇▇, ▇▇. 6/12/67
▇▇▇▇ ▇▇▇▇▇▇ 7/24/67
▇▇▇▇ ▇▇▇▇▇ 7/24/67
▇▇▇▇ ▇▇▇▇▇▇▇▇ 7/24/67
▇▇▇▇▇▇ ▇▇▇▇▇▇ 7/25/67
▇▇▇▇▇ ▇▇▇▇ 7/31/67
▇▇▇▇▇▇ ▇▇▇▇▇▇ 8/7/67
▇▇▇▇▇▇ ▇▇▇▇ 8/7/67
▇▇▇▇▇▇ ▇▇▇▇▇▇ 8/28/67
▇▇▇▇▇▇ ▇▇▇▇▇▇ 9/5/67
▇▇ ▇▇▇▇▇▇▇ 9/7/67
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 9/10/67
▇▇▇▇ ▇▇▇▇▇ 9/28/67
▇▇▇ ▇▇▇▇▇▇ 12/4/67
▇▇▇▇▇ ▇▇▇▇▇▇ 12/11/67
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 5/27/68
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 7/22/68
▇▇▇▇ ▇▇▇▇▇▇ 8/26/68
▇▇▇▇ ▇▇▇▇ 9/30/68
▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 6/2/69
▇▇▇▇▇ ▇▇▇▇▇ 2/11/70
▇▇▇▇▇▇▇ ▇▇▇▇ 8/31/70
▇▇▇▇ ▇▇▇▇▇▇▇ 9/14/70
▇▇▇▇ ▇▇▇▇▇▇ 9/22/70
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 9/24/70
▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 4/12/71
▇▇▇▇▇ ▇▇▇▇ 6/17/71
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 11/16/71
▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ 5/25/72
▇▇▇ ▇▇▇▇▇ 7/10/73
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 10/8/73
▇▇▇▇▇▇▇ ▇▇▇▇▇ 11/19/73
▇▇▇▇▇▇▇ ▇▇▇▇▇ 11/19/73
▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 1/2/74
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 1/2/74
▇▇▇▇▇▇ ▇▇▇▇ 3/12/75
▇▇▇▇ ▇▇▇▇▇ 8/18/75
▇▇▇▇▇ ▇▇▇▇▇ 1/6/76
▇▇▇ ▇▇▇▇▇ 2/9/76
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 9/14/76
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 8/22/77
▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 11/21/77
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 11/22/77
▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 2/12/79
▇▇▇▇▇ ▇▇▇▇▇▇▇ 2/19/79
▇▇▇▇▇ ▇▇▇▇▇▇▇ 2/19/79
▇▇▇▇▇▇ ▇▇▇▇▇▇ 2/19/79
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 2/19/79
▇▇▇▇▇▇▇ ▇▇▇▇▇ 5/7/79
▇▇▇▇▇ ▇▇▇▇▇ 5/8/79
▇▇▇▇▇ ▇▇▇▇▇▇ 5/8/79
▇▇▇ ▇▇▇▇▇▇▇▇▇ 5/8/79
▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 5/14/79
▇▇▇▇▇▇▇ ▇▇▇▇▇ 7/23/79
▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 7/23/79
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 7/30/79
▇▇▇▇ ▇▇▇▇▇▇ 7/30/79
▇▇▇▇▇▇ ▇▇▇▇ 9/17/79
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 9/17/79
▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 9/17/79
▇▇▇▇▇ ▇▇▇▇▇ 9/24/79
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 11/26/79
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 11/26/79
▇▇▇▇▇▇ ▇▇▇▇ 12/10/79
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 3/31/80
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 4/14/80
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 4/14/80
▇▇▇▇ ▇▇▇▇▇▇▇ 4/14/80
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 5/15/80
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 6/23/80
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 9/8/80
▇▇▇▇▇ ▇▇▇▇▇▇▇ 9/8/80
▇▇▇▇▇▇ ▇▇▇▇ 9/8/80
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 1/28/81
▇▇▇▇▇ ▇▇▇▇▇▇ 1/28/81
▇▇▇▇▇ ▇▇▇▇▇▇▇ 2/11/81
▇▇▇▇▇▇▇ ▇▇▇▇▇ 2/26/81
▇▇▇▇▇ ▇▇▇▇▇▇▇ 4/22/85
▇▇▇▇▇ ▇▇▇▇▇ 5/13/85
▇▇▇▇▇ ▇▇▇▇▇▇ 8/12/85
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62
SENIORITY
NAME DATE
▇▇▇▇ ▇▇▇▇▇▇▇▇ 11/3/86
▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 1/26/87
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 2/23/87
▇▇▇▇▇ ▇▇▇▇ 9/21/87
▇▇▇▇▇ ▇▇▇▇▇▇▇ 7/25/88
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇. 3/13/89
Cash Clark 12/20/89
▇▇▇▇ ▇▇▇▇▇▇ 12/26/89
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 2/25/91
▇▇▇▇▇▇ ▇▇▇▇▇ 2/25/91
▇▇▇▇▇ ▇▇▇▇▇▇ 2/25/91
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 5/28/91
▇▇▇ Left 4/27/92
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 10/4/93
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 10/25/93
▇▇▇▇▇ ▇▇▇▇▇▇▇ 4/24/94
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 4/25/94
▇▇▇ ▇▇▇▇▇ 3/6/95
▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ 3/6/95
▇▇▇▇▇ ▇▇▇▇▇ 3/13/95
▇▇▇▇ ▇▇▇▇▇▇▇ 10/9/95
▇▇▇▇▇▇ ▇▇▇▇▇▇ 10/9/95
▇▇▇▇▇▇ ▇▇▇▇ 2/12/96
▇▇▇ ▇▇▇▇▇▇▇▇ 2/12/96
▇▇▇▇ ▇▇▇▇▇▇▇ 2/12/96
▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 3/11/96
▇▇▇▇ ▇▇▇▇▇ 11/18/96
▇▇▇▇ ▇▇▇▇▇▇▇▇ 11/18/96
▇▇▇▇▇ ▇▇▇▇▇▇▇ 11/3/97
▇▇▇▇▇ ▇▇▇▇ 11/3/97
▇▇▇ ▇▇▇▇▇▇ 1/26/98
▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 2/16/98
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 6/11/98
2