|
| (a)
|
To qualify for holiday pay, employees must have completed their probationary
period and worked their last scheduled shift before and their first scheduled
shift after the holiday unless they were absent due to paid funeral leave, jury
duty, military leave, or approved FMLA leave, unless otherwise excused in the
sole discretion of the Company. No holiday pay will be received by an employee
on layoff or leaves of absence for any reason, except for approved FMLA leave.
|
| (b)
|
In the event holiday(s) fall(s) during an employee’s vacation period,
the employee shall receive (8) hours pay for each holiday.
Section 3.
Holiday Pay Computation: If employees work one of the above holidays, they will
be paid their regular straight-time rate of pay for each hour of work performed
and in addition, will receive the holiday pay. Holiday pay will not be used in
computing overtime. An employee must work if scheduled or else forfeit holiday pay,
unless absent for the reasons described in (a) above.
ARTICLE 11
VACATIONS
Section 1.
Employees will receive vacation during a calendar year on the following basis:
Years of Service: 1 to 2 Years 40 hours
3 + Years 80 hours
Eligibility:
|
| 1.)
| Employees must be actively at work.
|
| 2.)
| Employees must have worked 800 hours in
the previous calendar year.
|
| 3.)
| Employees must have worked at least one
day during the calendar year in which the vacation is taken.
|
| 4.)
| In the calendar year in which an
employee celebrates their first employment anniversary, an employee may take
vacation prior to completing one year of continuous service as follows:
|
|
| a.)
| Employees must have worked 800 hours
|
|
| b.)
| The employee may receive up to 40 hours
of vacation after
nine months of continuous, active service. Should the employee terminate prior
to completion of 12 months of service this vacation advance will be deducted
from their last paycheck. After this first 12 months of continuous, active
employment, vacation eligibility will be based on calendar year, rather than
anniversary of hire date.
Section 2.
Vacations may be taken one complete shift at a time. An 8 hour shift or day
shift employee will receive 8 hours vacation pay for taking one shift off and a
12 hour shift employee will receive 12 hours vacation pay for each shift taken
off.
Example: if an
employee takes an entire shift for vacation and only has 4 hours vacation pay
remaining, they will be paid the remaining four hours only.
Section 3.
Scheduling of Vacations: During the last two (2) full weeks in November,
employees will notify the Company of the specific time they desire for their
vacations. Vacations will, so far as practical, be granted at times requested by
the employee with more senior employees being given preference as to choice.
However, the Company reserves the right to schedule vacations so that its
continuous operation can be run efficiently. Should an employee fail to make a
timely request or desire to change his vacation, his request will be honored
where there is not a conflict with vacation time scheduled by other employees.
Vacation days taken one shift at a time must be requested and approved in
advance.
Section 4. In
the event the Company determines to shut down part or all of the plant, it may
schedule vacation to be taken during the shutdown.
Section 5.
Vacation Pay: The amount of vacation pay is to be computed on the employee’s
regular job classification rate times forty (40) hours. There is no
accumulation, carryover from calendar year to year, accrual or pro ration of
vacation pay.
Section 6.
Vacation pay shall be paid at the beginning of a vacation, if the employee
requests such at least two weeks in advance.
Section 7.
Employees may not accumulate or carry over unused vacation into future years.
ARTICLE 12
FUNERAL LEAVE
Section 1. A
seniority employee will be eligible to receive a funeral leave of up to three
(3) consecutive days (24 hours) with pay as a result of the death of a member of
the immediate family and certain defined relatives. Family members and relatives
are defined as spouse, father, mother, children, grandparent, grandchildren,
brother, sister, sister-in-law, brother-in-law, father- in-law and
mother-in-law. The employee will be eligible for paid funeral leave only for the
time actually lost from his regularly scheduled shifts. One of the three (3)
consecutive days must be the day of the funeral. Upon request, time off without
pay will be granted to attend the funeral of a spouse’s grandparent(s).
Section 2.
Additional time off without pay may be requested from the human resources
department. Requests for funeral leave must be made to the human resources
department. Time paid for funeral leave will not count as hours worked for
purposes of computing overtime.
Section 3. No
payment shall be made for any days which fall on non-scheduled work days, paid
holidays, part of the employee’s vacation or while an employee is on a
leave of absence.
ARTICLE 13
REPORTING AND CALL-IN PAY
Section 1.
Employees who are scheduled and report for work at their regular starting time
shall be guaranteed four (4) hours of work or four (4) hours of pay at their
basic straight time rate, if no work is available. However, this guarantee does
not apply where the Company notifies the employee not to report to work prior to
the employee leaving home at his normal home to work departure time.
This section
shall not apply if the Company is unable to operate due to an act of God,
utility failure, major mechanical breakdown, government restriction, fire,
flood, the failure or refusal of the group of employees to report for or perform
their work, or any cause beyond the control of the Company.
Section 2. It is
understood and agreed that the Company will have the right to require any
employee entitled to reporting pay to perform work other than that regularly
performed by him.
Section 3.
An employee called in for work during off-duty hours outside of his regular
scheduled work week or at a time his regular shift is not operating, shall
receive four (4) hours pay if four (4) hours of work is not provided. If he
works more than four (4) hours, he shall be paid for all time worked. However,
where employees are directed to report prior to their regular scheduled shifts
the four (4) hours call time shall not apply.
Furthermore, it
is the responsibility of every employee to keep the personnel office informed of
his latest address and telephone number. Attempts to reach the employee at an
incorrect address or telephone number shall constitute proper notice. Reporting
and call-in pay shall not be paid to employees who have no telephone or number
through which they can be reached. The Company will notify employees by bulletin
board notice, personally, by phone, or by local radio announcement.
ARTICLE 14
LEAVES OF ABSENCE
Section 1. The
Company in its discretion may grant a leave of absence to any employee. Any such
leave, except those occasioned by the Family and Medical Leave Act (FMLA) or
service in the Armed Forces of the United States, shall be limited to thirty
(30) days, but may be extended in the Company’s discretion for one or
more additional periods not in excess of thirty (30) days each.
Section
2. Maternity leaves will be granted in accordance with state and federal law,
e.g. (FMLA).
Section 3. In
the case of any leave of absence, an application form must be completed
reasonably in advance of the requested leave and must state the specific reason
for the requested leave, and the Company’s approval must be in
writing. Only regular employees who have completed the probationary period are
eligible to request a leave of absence.
Section 4. The
rights of employees leaving the service of the Company to enter the Armed Forces
of the United States shall be controlled by the Military Selective Service Act
and other applicable laws.
Section 5. A
maximum of two (2) employees can be off on union leave not to exceed thirty (30)
days per contract year.
If the
International Union President requests a leave of absence for one of the
employees, it will be granted with renewal each year of the Contract, and such
employee will accumulate seniority up to 1 year.
Section 6. The
Union recognizes the Company’s obligation to comply with the Family and
Medical Leave Act (FMLA) and nothing in this Agreement or this Article shall be
construed to limit or waive the Company’s obligations or rights under
the FMLA or its guidelines or regulations.
ARTICLE 15
JURY DUTY PAY
Section 1. If a
regular, full-time employee is summoned for jury duty, he must notify the Human
Resources Department as soon as possible so that arrangements can be made for
his absence. The Company will pay an employee, on his regular payday, who loses
time from his regularly scheduled work while serving on jury duty, the
difference between jury duty pay and the amount he would have received had he
worked.
Section 2. If
the employee reports for jury duty and, if for any reason, his services are not
required by the Court on that particular day, the employee must report for work.
An employee must procure a statement from the clerk of the court indicating the
days served and monies paid while serving on jury duty.
ARTICLE 16
PROBATIONARY EMPLOYEES
New employees
must actively work a ninety-day (90) probationary period before seniority is
recognized. Seniority will then date back to their most recent hire date. During
this probationary period, the employee will have no seniority rights. At any
time during the probationary period, the Company will be the sole judge as to
whether or not the employee is to be retained or dismissed. The probationary
employee will have no rights under the collective bargaining agreement nor
recourse to the grievance or arbitration procedure.
Due to testing
requirements, the Company will have 14 days to make applicants formal offers of
employment. If the applicant successfully completes testing and is hired, his
official hire date will be the first day of the 14-day work period.
ARTICLE 17
SENIORITY
| Section 1.
| Definitions:
|
|
|
| (a)
| A
“promotion” is where an employee moves to another job within their
line of progression paying a higher rate than the employee’s present
job.
|
|
|
| (b)
| A
“lateral move” is where an employee moves to another job paying the
same rate within a line of progression.
|
|
|
| (c)
| A “transfer” is a move into
another line of progression.
|
|
|
| (d)
| Job “canvassing” is the
process of screening for qualified employees within a line of progression to
fill open jobs in place of bidding.
|
|
|
| (e)
| A “waiver” is an employee’s
written notification of their intent not to advance to a permanent job within
their line of progression.
|
|
|
| (f)
| “Plant seniority.” An
employees’ plant seniority shall date from their first day of work
following their employment with the Company or their last re-employment if
continuous service has been broken.
|
|
|
| (g)
| “Qualifications” as defined
herein may be by interviews, testing, and/or attainment of core competency
levels.
| Section 2.
| Any employee serving in the armed
forces of the United States as defined under the Universal Military Training
and Service Act of 1953, as it presently exists or as it may be amended in the
future, will accumulate seniority during such period of service in accordance
with the provisions of said Act, with the explicit understanding, that he will
be entitled to no other contract benefits during such leave. Furthermore, the
employee must meet all legal requirements in reapplying for his job.
| Section 3.
| An employee’s seniority
will terminate and the employee will be removed from the payroll for the
following reasons:
|
|
|
| (a)
| An employee voluntary quits or resigns
his job.
|
|
|
| (b)
| An employee is discharged for just
cause.
|
|
|
| (c)
| An employee is retired or becomes
totally and/or permanently disabled.
|
|
|
| (d)
| An employee does not return to work
within the time limits after recall from layoff except as provided for in
Section 5 of this Article.
|
|
|
| (e)
| An employee is absent from the payroll
due to layoff or other reason for twelve (12) months. However, an employee
rehired within 12 months of being laid off and losing seniority will have their
seniority restored.
|
|
|
| (f)
| Overstaying a leave of absence without
an extension being approved.
|
|
|
| (g)
| An employee is absent without proper
notification for a period of three (3) consecutive work days, unless impossible
to do so.
|
|
|
| (h)
| Authorized non-work related sick leave
in excess of that which has been granted or authorized extension thereof. Such
leaves may not exceed twelve (12) months.
| Section 4.
| Seniority Accumulation: An employee’s
seniority shall continue to accumulate during the first one hundred sixty (160)
days of layoff, the first sixty (60) days of a personal leave and non-worked
related sick leave.
|
|
For
a prolonged and continuous absence due to a work-related or illness, seniority
shall accumulate for six (6) months unless the employee is classified as
totally and/or permanently disabled under the provisions of the State Workers’
Compensation Act.
|
|
For
benefit accumulation purposes, vacations, etc., seniority will accumulate the
first thirty (30) days of layoff.
|
|
After
these time periods seniority shall only be retained until the employee returns
to work or until seniority is lost as defined in Section 3 of this article.
| Section 5.
| When an employee on layoff is
offered re-employment and it is refused, the employee loses all seniority
rights.
|
|
Notice
will be made to the laid off employee either in person, by telephone, or by
registered or certified letter (return receipt requested), sent to their last
known address. Where the layoff has lasted more than seven (7) working days,
the notified employee will be given five (5) working days after sending of such
notice to notify the human resources office that they desire to return to work.
After receipt by human resources of their intent to return to work, they shall
have three (3) working days to actually report to work and shall schedule with
the human resources department the actual date to return to work. Where the
layoff has lasted seven (7) working days or less, the employee will have one
(1) working day after such notice to actually report to work unless the time is
extended by mutual agreement. The failure of such an employee to comply with
the above conditions shall be considered a voluntary termination of employment.
| Section 6.
| If a permanent vacancy occurs in any
department, except temporary vacancies, and if the job is to be continued by
the Company it shall be filled by canvassing or bidding. If the vacancy is not
filled under this procedure, the Company shall fill the vacancy from any
available source including hiring from outside. The Company
|
|
reserves
the right to fill all lead and supervisory positions on other than a
bid/canvass basis. Twice yearly, the Company shall post a notice soliciting
interested candidates for consideration for these positions.
| Section 7.
| Bid On Open Job Classifications.
|
|
| (1)
| Posting. A job identified as a bid job
on the lines of progression, shall be posted on the plantwide bulletin boards
for a period of five (5) consecutive days. The posting will state the rate of
pay and the qualifications needed to be awarded the job. Employees taking
vacation may submit in advance a notice of their intent to bid on posted
vacancies during their absence.
|
|
| (2)
| The employer may fill an open job
classification on a temporary basis not to exceed thirty (30) calendar days
during the bidding process.
|
|
The
Company reserves the right to transfer an employee to a temporary vacancy for a
period of thirty (30) days or less. Temporary transfers will be made to cover
vacancies due to sickness, vacations, etc. and other staffing needs of the
Company. The Union recognizes the Company’s need to have employees
work at any job for the successful operation of the Company so long as the
employee maintains his rate of pay. When the Company temporarily transfers an
employee, consideration will be given to seniority, qualifications and the
operating requirements of the Plant.
|
|
Where
a vacancy is expected to last more than thirty (30) days, the temporary job may
be posted and the normal bidding procedure will apply. Should the Company
decide not to post the temporary vacancy, the reasons for not posting will be
explained to the Union. When the need to continue filling the temporary job no
longer exists, the employee will return to his regular job assignment.
|
|
| (3)
| Frequency. An employee may not receive
a job award as a result of bidding more than once every six (6) months unless
the employee is the only eligible bidder.
|
|
| (4)
| Selection.
|
|
|
| (a)
| In selection of an employee for a
position, seniority will be controlling provided, in the Company’s
judgement qualifications, ability, work record (including attendance and
discipline) are relatively equal. The open job shall be awarded within
twenty-one (21) calendar days, except those jobs which require testing an
additional time. Departmental preference will be given to job awards; bids from
outside of the department will only be considered if no qualified employee from
within the department bids. The employee will receive the rate of pay of the
awarded job when they are awarded the job.
|
|
|
| (b)
| Employees within a job may bid to
change their shift along with other bidding employees. Employees seeking to
change their shift will
have preference over employees seeking promotion, transfer or a lateral move. It
is recognized that management must retain a sufficient number of trained
employees on any given shift, regardless of seniority, to assure the efficient
and orderly operation of the plant. If any employee is refused a bid to change
shift due to insufficient numbers of trained employees on any given shift and
within six (6) months trained employees are available they will be allowed to
change shift.
|
|
|
| (c)
| After an employee is awarded an open
job, the employee may not be retained on their former job for more than thirty
(30) days during which time they shall receive the pay of the awarded job if
that rate is higher.
|
|
|
| (d)
| An employee who takes a job as a result
of a successful bid may choose to return to their previous job within fourteen
(14) calendar days of beginning work on the awarded job. The employee will be
restricted from being awarded another bid job for six months unless the
employee is the only eligible bidder.
|
|
|
| (e)
| A employee who has accepted a position
as a result of a job bid may refuse the job and remain in their current job.
The employee will be restricted from being awarded another bid job for six
months unless the employee is the only eligible bidder.
|
|
|
| (f)
| Awarding of a job to an employee
nullifies all outstanding job bids of that employee.
|
|
|
| (g)
| If at any time during a ninety (90)
calendar day evaluation period an employee has not displayed the aptitude for
the job, the employee will be returned to their previous job and shift.
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