Exhibit 10.42
Agreement
Between
CVC Products
And
Local 342, IUE
EFFECTIVE 10/31/98 - 10/31/2001
Table Of Contents
TOPIC PAGE
I. Agreement 1
Intent 1
Validity 1
II. Union Security 1
Recognition 1
Union Shop 1
Check-Off of Union Membership Dues 2
Authorization for Check-Off Dues 2
Assignment & Authorization 2
III. Mutual Rights and Responsibilities. 4
Management Responsibilities 4
Management Working 5
Union Responsibility 5
Strikes, Stoppage, Slowdowns, & Lockouts 5
IV. Wages 6
General Wage Increase 6
Wage Rate Schedule. 6
Facilities, Level I Personnel 7
Labor Grades 8
Tool Purchases 9
Cost of Living Allowance 9
V. Hours of Work, Overtime, Reporting & Call Back Pay 10
Hours Of Work And Overtime 10
Straight Time 10
Time and One Half 10
Double Time 11
Assignment of Overtime Work 11
Reporting Pay 14
Call Back Pay 14
VI. Grievance Procedure & Arbitration 14
Grievance Procedure 14
Steps One 14
Step Two 15
Step Three 15
Arbitration 16
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TOPIC PAGE
VII. Discipline and Discharge 18
VIII. Holidays, Vacations and Paid Absence 19
Holiday Pay 19
Vacations 20
Paid Absence Allowance Credit 21
IX. Probation And Seniority 23
Probationary Period 23
Seniority 23
Loss Of Seniority 23
Application of Seniority 24
Layoff 24
Inventory Assignment 25
Bump 25
Recall 26
Transfers Out of Bargaining Unit 27
Flexibility of Work Assignments 27
X. Shift Preference & Premium 28
Shift Preference 28
Shift Premium 28
XI. Absence and Leaves of Absence 28
Absence 28
Report of Absence 29
Leave Of Absence 29
XII. New Jobs, Promotions 31
New Job 31
Promotion 32
General Provision 32
Definitions 32
Filling Openings 32
Job Posting and Bidding 32
Job Promotion Applications 33
XIII. Bulletin Boards, Safety & Health, Anti-Discrimination 33
Bulletin Boards 33
Safety and Health 33
Anti -Discrimination 34
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TOPIC PAGE
XIV. Bereavement Pay, Jury Duty, Rest Periods, Wash- Up Time 34
Bereavement Pay 34
Jury Duty Service 35
Rest Periods 35
Wash- Up And Clean-up Time 35
XV. Representation 35
XVI. Short -Term Military Pay 38
XVII. Duration of Agreement 38
XVIII. Company Benefits 39
Short Term Disability 39
Long Term Disability 40
Worker's Compensation 41
Health Insurance 41
Prescription Drugs 42
Dental Plan 42
Life Insurance 42
Pension Plan 42
401(k) Plan 42
Retirement Benefits 43
Severance Pay 43
Signatures of Agreement 45
Appendix A
Lay-off Procedure ▇▇
▇▇▇▇▇▇▇▇ ▇
Disciplinary Actions 47
Appendix C
Bargaining Unit Employee Leave of Absence 49
Appendix D
Family Medical Leave Absence Form ▇▇
▇▇▇▇▇▇▇▇ ▇
Employee PAA/Vacation Request Form 52
Appendix F
Union Time Request Form 53
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TOPIC PAGE
Appendix G
Disciplinary Action Form 54
Appendix H
Promotion Application 55
Appendix I
Bump and Recall Form 56
Appendix J
CAR Policy 57
Appendix K
Safety Guidelines 58
Appendix L
Flex Time Schedule 64
Appendix M
Membership Dues Deduction Memo 65
Appendix N
Memo of Understanding - Learning Block 66
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I. AGREEMENT:
1. This Agreement is entered into on October 31st, 1998 between CVC
Products,., located at ▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, its successor
and/or assignees, hereinafter referred to as the Company and Local 342 of
the International Union of Electronic, Electrical, Salaried, Machine &
Furniture Workers, AFL- CIO, hereinafter referred to as the Union.
2. Intent: It is the intent of both the Union and the Company to conduct all
matters in accordance with the terms of this Agreement and to maintain a
harmonious relationship among all persons who have duties and
responsibilities in the administration of the Collective Bargaining
Agreement. It is the further intent that the provisions of the Agreement
be carried out with fairness on the part of both the Union and the
Company.
3. Validity: If any provisions of the Agreement is declared invalid by a
court of competent jurisdiction, the validity of the remainder of this
Agreement shall not be affected thereby.
4. This Agreement is subject to all applicable Federal and State laws and any
rules and regulations issued pursuant thereto.
II. UNION SECURITY
5. Recognition: The Company recognizes the International Union of Electronic,
Electrical, Salaried, Machine & Furniture Workers AFL-CIO and its
affiliate, Local 342, as the exclusive representative for all production,
maintenance, and facilities employees at its Rochester, New York operation
for the purposes of collective bargaining with respect to wages, hours and
other conditions of employment in accordance with the terms of this
Agreement.
6. Should the Company relocate all, or any part of bargaining unit work, to
within a (50) mile radius of its present location, it will recognize the
Union as exclusive bargaining agent for the production and maintenance
employees listed above. This provision shall not be applicable to the
acquisition of another company or division of the Company.
7. It is mutually agreed that, for the purposes of this Agreement, the term
"employee" shall not include office and factory clerical employees,
technicians, draftsmen, timekeepers, professional employees, guards and
supervisory or other employees with the authority to hire, promote,
discharge, discipline or otherwise effect changes in the status of
employees or effectively recommend such action.
8. Union Shop: Any employee of the Company who is a member of the Union on
the effective date of the Agreement shall continue to remain a member as a
continuing condition of employment, provided that nothing herein shall be
interpreted to cause a violation of the Labor Management Relations Act of
1947 or any other applicable law.
9. Any employee hired on or after the effective date of the Agreement and
covered by the terms of this Agreement shall either become a Member of the
Union within thirty- one
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(31) days after the effective date of the Agreement or his/her hire date,
whichever is later or, if the employee chooses not to become a member,
must agree to pay dues to the Union as a continuing condition of
employment provided that nothing herein shall be interpreted to cause a
violation of the Labor Management Relations Act of 1947 or any other
applicable law.
10. Check-off of Union Dues: Dues are not a deductible charitable contribution
for Federal income tax purposes but may qualify as a deductible business
expense subject to IRS restrictions.
a) The Company agrees to deduct Union membership dues levied by the
International Union or Local Union in accordance with the
Constitution and By-Laws of the Union from the pay of each employee
who is or who becomes a member of the Union within the scope of the
bargaining unit and covered by this Agreement and who in writing, in
accordance with the Authorization for Check-Off of Dues form set
forth below, has voluntarily authorized the Company to do so for the
period covered thereby.
b) The company will remit to the Local union weekly, to the
International and District Union monthly, their respective portions
of the dues that have been collected by the Company in accordance
with the Agreement. It shall be the responsibility of the Union to
advise the Company of the apportioning to be used and the names and
addresses of financial officers to whom the remittance is to be
made.
c) The Company shall remit each week to the designated Financial
Officer of the Local Union the amount of deductions made for the
particular week together with a list of employees for whom such
deductions have been made, as well as the amount of each employee's
deductions.
11. Thereafter, on the first day of each succeeding pay period, the Local
Union shall furnish management with any additional executed Authorization
of Check -Off of Dues forms under which Union membership dues are to be
deducted.
12. A properly executed Authorization For CHECK-OFF OF DUES form for each
employee for whom Union membership dues are to be deducted hereunder,
shall be delivered to the Company before any payroll thereafter, only when
such forms have been properly executed and are in effect. Any such forms
which are incomplete or in error will be returned to the Union by the
Company. (Appendix M)
13. This Assignment and Authorization is voluntarily made in consideration of
the costs of representation and collective bargaining and is not
contingent upon my membership in the Union. Pursuant to this assignment
and irrespective of my present or future membership status in the Union, I
authorize and direct you to deduct, while I am employed in the represented
bargaining unit of the Employer, such a sum equal to membership dues and,
if owing by me, an initiation fee, as certified to the Employer by
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the Local. Regardless of my membership status, this Assignment and
Authorization shall be irrevocable until a date one year from its
effective date, or until the date on which the current collective
bargaining agreement between the Employer and the Union is terminated,
whichever is earlier. I agree and direct that this Assignment and
Authorization shall be automatically renewed, and shall be irrevocable for
successive periods of one (1) year each from its effective date, or for
the period of each succeeding applicable collective bargaining agreement
between the Employer and the Union, whichever, period is shorter. This
Assignment and Authorization may only be revoked by written notice by
individual registered or certified mail, given by me to the Employer and
the Union, postmarked not more than twenty (20) days and not less than ten
(10) days prior to the expiration date of each one- year period, or the
termination date of each applicable collective bargaining agreement
between the Employer and the Union, whichever date is earlier. This
authorization and assignment supersedes all previous authorizations and
assignments.
14. The (employer) agrees to deduct and transmit to IUE COPE each pay period
such sums from the wages of employees as they voluntarily authorize on
forms provided for that purpose by IUE Local 342. These transmittals shall
be accompanied by a list of names of those employees for whom such
deductions have been made and the amount deducted for each such employee.
Employees who wish to cancel their authorization for payroll deductions
will sign a card supplied by the Union for that purpose.
15. In cases where a deduction is made which duplicates a payment already made
to the Union by an employee, or where a deduction is not in conformity
with the provisions of the Union Constitution and By- Laws, refunds to the
employee will be made by the local Union.
16. In the event any employee shall register a complaint with the Company
involving the matter of a properly revoked Authorization for Check- Off of
Dues form, the Company will make no further deductions of the employee's
dues. Such dispute shall then be reviewed with the employee by a
representative of the Union and a representative of the Company. Should
this review fail to result in a satisfactory settlement between the
Company and the Union of the matter, the dispute may be referred to the
arbitrator, in accordance with the arbitration provisions of the Agreement
and his decision shall be final and binding on the employee, the Union,
and the Company.
17. The Company shall not be liable to the International Union or the Local
union by reason of the requirements of this section of the Agreement, for
the remittance of payment of any sum other than that constituting actual
deductions made from employee wages earned.
18. The Union shall indemnify and hold harmless the Company against any and
all liability which may arise by reason of the Check- Off by the Company
of Union initiation fee and membership dues from employee wages in
accordance with this Agreement.
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19. The Union agrees that there shall be no collection of dues at any time on
Company property outside payroll deductions.
20. Consistent with applicable State or Federal laws, deductions shall be made
only in accordance with the provisions of said Authorization of Check -Off
Dues, together with the provisions of this section of the Agreement.
21. Any employee whose seniority is broken by death, resignation, discharge,
or layoffs, or who is transferred to a position outside of the scope of
the bargaining unit, shall cease to be subject to check- off deductions
beginning with the week immediately following that in which such death,
resignation, discharge, layoff, or transfer occurred.
22. If any employee is on short-term or long-term disability, no dues are
required.
III. MUTUAL RIGHTS AND RESPONSIBILITIES
23. MANAGEMENT RESPONSIBILITIES: The management of the Company and the
direction of the working forces including but not limited to the right to
hire, promote, transfer, establish rules of conduct, and to maintain
discipline and efficiency, and the right to relieve employees from duty
because of lack of work, or for other legitimate reasons are the sole and
exclusive rights and responsibilities of the Company, provided that this
will not be used for the purposes of discrimination against any member of
the Union, and is in accordance with the terms and provisions of this
Agreement.
a) The Company shall have the right to outsourceor subcontract work
after giving due consideration to the interests of regular
employees.. Due consideration to regular employees includes, but is
not limited to, recall of employees on layoff and overtime
availability. The Company will also inform the Union, during their
bi-weekly meetings (refer to paragraph 27), of its intention to
outsource or subcontract work. The Company will consider any input
made by the Union in furtherance of those discussions. This is not
intended to impose a duty to bargain by the company over outsourcing
or sub-contracting.
b) The Company will make every effort to encourage and allow cross
training of bargaining unit employees when requested by the
employee. Such cross-training will be documented (as to the type and
length of training) and placed in the appropriate employee file: a
copy will be given to the Area ▇▇▇▇▇▇▇. It is understood and agreed
that cross- training will be accomplished as production schedules
allow and will not circumvent the hiring of full-time employees.
24. In addition, the products to be manufactured, the locations of plants, the
schedules of production and hours and shifts, the opening and closing of
the plant, the methods, processes, and means of manufacture are solely and
exclusively the responsibility of the Company except as otherwise provided
in this Agreement.
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25. Management Working: Engineering personnel will not be assigned to the
assembly or disassembly of production units. Engineering may work closely
with the bargaining unit employees, especially in regard to prototypes and
engineering changes. Employees outside the bargaining unit shall not
perform the regular work of bargaining unit employees, except for the
purposes of instruction, participating in training programs, assisting
when requested by bargaining unit employees, test & integration, verifying
processes, performing experiments, material handling, checking inventory
status, and in emergencies when bargaining unit employees are not
available. Test & Integration activities are defined as beginning upon
completion of module docking and the initial hook-up of external pumps,
gases and utilities. Material handling activities are limited to those
actions not requiring the use of a fork lift truck. It is agreed that
material handling activities will not result in loss of employment for
bargaining unit employees and that flagrant abuse of this clause will be
addressed by management.
26. Annual goals and objectives will be mutually developed between department
managers and employee, with mutually agreed upon Union Representation.
Managers are responsible for implementing and properly controlling the
Performance Appraisal Plan. In addition to management's' responsibilities
to properly develop these goals and objectives, management also has the
responsibility to hire and retain qualified employees. An individual's
qualifications for a job opening will be the most important factor in
determining who is most qualified for that job.
27. Bi-weekly meetings shall be held between union and management. These
meetings shall be attended by the Union President, Chief ▇▇▇▇▇▇▇,
Manufacturing Manager and Human Resource Representative. These meetings
can only be canceled or postponed with the mutual agreement of union and
management.
28. Union Responsibility: The Union recognizes the responsibilities imposed
upon it as the exclusive bargaining agent of the employees covered by this
Agreement. The Union recognizes that in order to provide maximum
opportunities for continuing employment, good working conditions, and
fair, equitable wages, the Company must be in a strong competitive
position, must produce efficiently and at a competitive cost consistent
with fair labor standards. To that end, the Union agrees that it and its
members will wholeheartedly cooperate with the Company in the introduction
of new improvements and that it will do everything within its power to
cause the employees covered by this Agreement, individually and
collectively, to perform and render efficient work and service.
29. Strikes, Stoppages, Slowdowns: The Union agrees that there shall be no
strikes, stoppages, or slowdowns of operations during the life of this
Agreement.
30. Lockouts: The Company agrees that there shall be no lockouts during the
life of this Agreement.
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IV. WAGES
31. Employees will be paid on Thursday of each week. All hourly rated
employees coming under the scope of this Agreement will be granted general
wage increases beginning with the first full week following the schedule
below:
------------------------------
Effective Date Percentage of
increase
------------------------------
10/31/98 3%
------------------------------
10/31/99 3%
------------------------------
10/31/00 3%
------------------------------
32. ▇▇▇▇ Rate Schedule: Effective per the schedule in paragraph 31. Please
note that the amounts below do not include the COLA distribution of a
maximum of $.12/year
--------------------------------------
Labor FY 1999 FY 2000 FY 2001
Grade 3% 3% 3%
--------------------------------------
4 $8.95 $9.34 $9.75
--------------------------------------
5 $9.56 $9.97 $10.39
--------------------------------------
6 $10.17 $10.59 $11.04
--------------------------------------
7 $10.79 $11.24 $11.70
--------------------------------------
8 $11.40 $11.87 $12.35
--------------------------------------
8.5 $12.43 $12.93 $13.44
--------------------------------------
9 $13.47 $14.00 $14.54
--------------------------------------
10 $14.51 $15.07 $15.65
--------------------------------------
11 $14.90 $15.47 $16.06
--------------------------------------
12 $16.02 $16.62 $17.24
--------------------------------------
13 $16.36 $16.97 $17.60
--------------------------------------
14 $16.63 $17.26 $17.90
--------------------------------------
15 $16.93 $17.56 $18.22
--------------------------------------
16 $17.17 $17.81 $18.47
--------------------------------------
17 $17.49 $18.14 $18.81
--------------------------------------
18 $17.74 $18.39 $19.07
--------------------------------------
19 $17.99 $18.66 $19.34
--------------------------------------
20 $18.23 $18.90 $19.59
--------------------------------------
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33. Personnel assigned to Facilities, Level I in Wage Grade 4 will be
considered a temporary employee and will not accumulate any seniority or
share in any benefits other than holidays as spelled out in the contract.
Every attempt will be made to hire full time students who are children of
Company employees.
a. Anyone assigned to the above position beyond 6 months will be
considered to have completed his/her temporary assignment and will
be deemed to have completed his/or probationary period. At this
point the individual will be converted to regular status, credited
with seniority as of their start date, afforded all rights under the
contract and upgraded to Wage Grade 5.
34. An employee whose base rate is in excess of the established maximum of his
job classification shall retain the rate for as long as he works in that
particular job classification. If the employee is transferred to another
classification his rate of pay shall be governed by the established rate
range for the new classification. If the employee returns to the former
job classification in which he received the rate in excess of the
established maximum, that former rate shall be reinstated.
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35. Labor Grades and Classifications within the scope of this agreement:
-----------------------------------------------
Labor Grade Classification
-----------------------------------------------
-----------------------------------------------
4.00 Facilities I
-----------------------------------------------
5.00 Facilities II
-----------------------------------------------
6.00 Inventory I
-----------------------------------------------
7.00 Facilities III
-----------------------------------------------
8.00 Metal Prep & Weld I
-----------------------------------------------
8.50 Inventory IA
-----------------------------------------------
9.00 New - no classifications
-----------------------------------------------
10.00 Facilities IV
-----------------------------------------------
Inventory II
-----------------------------------------------
Assembly I
-----------------------------------------------
11.00 Inventory III
-----------------------------------------------
Metal Prep & Weld II
-----------------------------------------------
Assembly II
-----------------------------------------------
-----------------------------------------------
Machining I
-----------------------------------------------
12.00 Metal Prep & Weld III
-----------------------------------------------
Assembly III
-----------------------------------------------
13.00 Assembly IV
-----------------------------------------------
-----------------------------------------------
Inventory IV
-----------------------------------------------
Metal Prep & Weld IV
-----------------------------------------------
14.00 Facilities V
-----------------------------------------------
Machining II
-----------------------------------------------
15.00 Facilities VI
-----------------------------------------------
Inventor V
-----------------------------------------------
Assembly V
-----------------------------------------------
Machining III
-----------------------------------------------
16.00 Facilities VII
-----------------------------------------------
Metal Prep & Weld V
-----------------------------------------------
17.00 Assembly VI
-----------------------------------------------
Facilities VIII
-----------------------------------------------
18.00 Machining IV
-----------------------------------------------
Assembly VII
-----------------------------------------------
19.00 Machining V
-----------------------------------------------
Metal Prep & Weld VI
-----------------------------------------------
Assembly VIII
-----------------------------------------------
20.00 Machining VI
-----------------------------------------------
Assembly IX
-----------------------------------------------
Metal Prep & Weld VII
-----------------------------------------------
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36. Employees may buy job related tools and equipment through the Company with
the following repayment schedule: Please note that repayments will be made
in $25- $35 increments.
------------------------------------------
Dollar amount of Maximum repayment
purchase period
------------------------------------------
to $50 2 weeks
------------------------------------------
$51 to $100 4 weeks
------------------------------------------
$101 to $200 6 weeks
------------------------------------------
$201 and over 8 weeks
------------------------------------------
37. Cost of Living Allowance (1967 C.P.I.-W BASE = 100)
a) Effective with the first full pay period beginning after February 1,
1999, and thereafter, during the, period of this agreement a Cost-
of Living adjustment, if applicable, shall be made quarterly with
the first full pay period beginning on or after February 1, May 1,
and August 1. Such adjustment shall be based on changes, if any, in
the C.P.I.-W above as of the prior September 15, January 15, March
15, and July 15 respectively.
b The Cost-of-Living allowance shall be adjusted so that all employees
shall receive an allowance of one cent per hour for each .3 by which
the C.P.I.-W exceeds the September 1976 index of 172.6.
c) If, after the Cost-of-Living adjustment has been in effect pursuant
to the foregoing provision, it shall be found that as of March,
June, and September of any year during the life off this agreement
the C.P.I.-W has decreased during the preceding 3 months, then one
cent shall be deducted from the Cost -of- Living allowance for each
full .3 decrease in the C.P.I.- W below the level which the C.P.I.
-W was required to reach in order to earn previous amount of
allowance.
d) The Maximum Amount of Cost-of-Living Allowance the Company will pay
shall not exceed twelve (12) cents per hour in any one year.
e) The Cost of-Living allowance when earned will be paid on the
following schedule: The September 1998 index when compared to the
December 1998 index released in January 1999 will determine the
amount to be paid on the first full work week in February 1999. The
next payoff date will be determined by the March 1999 index that
will be released in April 1999 for pay-off, if any, on the first
full work week in May of 1999. The index values of June 1999 and
September 1999 will determine the amount of pay out, if any on the
first full weeks of August 1999 and November 1999 respectively.
Subsequent payments for the balance of the contract will follow the
same pattern.
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f) In the event the members of the Union did receive in any one of the
contract years any increase in Cost- of- Living allowance up to and
including the twelve (12) cents, such allowance will incorporated
into the basic wage rate and cannot be deducted in any succeeding
contract year from the basic wage structure.
V. HOURS OF WORK, OVERTIME, REPORTING & CALL BACK PAY
38. Hours of Work and Overtime For the purposes of this Agreement, the
employee's work week will begin 12:01 a.m. Saturday, and will end the
following Friday at 12:00 a.m. For purposes of this Agreement, the first
(A) shift is that shift which starts nearest 7:00 a.m., the second (B)
shift follows the first shift, and the third (C) shift follows the second
shift. On all three (3) shifts, the regular days work shall consist of
either eight (8) hours or ten (10) hours of work and an unpaid lunch
period on one- half (1/2) hour. Refer to Article X paragraph 96.
39. The hours of work are normally from 7:00 AM to 3:30 PM for the 1st shift,
3:00 PM to 11:30 PM for the 2nd shift, and 11:00 PM to 7:30 AM for the 3rd
shift. Employees may request in writing (Appendix K), to flex their start
times one (1) hour before or after the original starting time. Employees
on the second shift may, with written permission from their immediate
supervisor, use flex time up to two (2) hours before or after the
scheduled shift time to attend the regular monthly union membership
meetings. . On all three (3) shifts, the regular day's work shall consist
of eight (8) hours of work and an unpaid lunch period of one- half (1/2)
hour. If approved by management, employees will be allowed to fulfill
their 40 hour week by working four 10-hour days instead of five 8-hour
days. In such cases a a written agreement between the employee and the
company (to be copied to the ▇▇▇▇▇▇▇) will be created and approved in
weekly increments. Requests should be in by the first of each month for
seniority to govern, otherwise the first request will be granted. Holidays
which fall during an employee's four day week schedule will only be paid
at straight time pay for 8 hours.
40. Employees covered by this Agreement will be compensated for hours worked
as follows:
a) Straight Time: For the first eight (8) hours or for the first ten
(10) hours, in those situations where the employee and the company
have mutually agreed in writing to a four 10 hour day work week,
worked in any continuous twenty- four hour period beginning with the
starting time of the employee's shift. Straight time is also paid
for the regular working hours worked on any shift that starts on the
day before and continues into Saturday or a specified holiday
b) Time And One-Half: For all hours worked in excess of eight (8) hours
per day in any continuous twenty- four (24) hour period beginning
with the starting time of the employee's shift. In those situations
when an employee by mutual written agreement with the company is
working ten (10) hour shifts, time and one -half shall be paid for
all hours worked in excess of ten (10) hours per day in any
continuous twenty-four (24) hour period beginning with the starting
time of the
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employee's shift. Time and one- half shall also be paid for all
hours worked on any shift on the first day worked during a weekend
(Saturday or Sunday)
c) Double Time: For all hours worked on any shift on the second
consecutive day worked during a weekend (Sunday) and the recognized
holidays as listed in Article VIII. To receive double time pay on
Sunday, the employee must work the Saturday before, or in the event
of a production scheduling need, be specifically asked by management
to work. Notification of such a situation shall be documented and
provided to the Human Resource department to ensure accurate
payroll.
41. Employees working in necessary continuous seven (7) day operations are not
subject to the overtime provisions covering work on Saturdays and Sundays
as such. Employees in these occupations shall be paid time and one- half
for all work performed on the sixth day worked in the employee's work week
and double time for all work performed on the seventh day worked in the
employee's work week. Such employees will be paid double time for hours
worked during the regular working hours of any shift that start on any of
the holidays defined in the Holiday Pay Section.
42. The Company will pay an employee the greater of one hour overtime or half
the scheduled overtime if the scheduled overtime is not canceled 24 hours
in advance except for acts of God, machine breakdown, power failure or
labor disputes. By agreement, the term 24 hours in advance means that the
overtime is canceled before the employee leaves the plant the day before
the overtime is to take place.
43. Assignment Of Overtime Work
a) When overtime is required in a given classification, it will be the
policy and intent of the Company to offer overtime Opportunities to
employees in the classification. However, in the event no employee
desires to work overtime, it shall be the prerogative of the Company
to require employees in the classification to perform a reasonable
amount of overtime work, or the company may, at its discretion, have
work performed by employees in another classification. A reasonable
amount of overtime is defined to be not more than 8 hours in any one
week. In the event an emergency situation occurs, as declared by the
Vice President of Operations or the Manager of Manufacturing, and
having exhausted all options as stated in 43) , the company will
follow 43) of this paragraph.
b) When overtime work is required, the company will earnestly endeavor
to provide an equitable distribution of overtime work among
employees in the same classification within the department and on
the shift involved. If any employee is loaned to another department
to work overtime, the first 8 hours per week worked in the other
department will not be charged. WGLs are excluded from equalization
of overtime distribution. When an employee is asked to travel, the
actual time taken to travel will not be included for the purpose of
equalization of
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overtime. The Company will, whenever feasible, try to equalize the
future distribution of overtime within the same classification
between shifts.
c) A weekly record of overtime hours worked shall be maintained and
posted by the department supervisor and the union will be advised
weekly as to the identities of the employees scheduled for daily,
Saturday, Sunday or Holiday overtime. Overtime notification will be
provided as far in advance as possible and except in instances of
emergencies, such as those caused by customer requirements, every
effort will be made to provide such notification at least four hours
in advance; when feasible the union will be notified of emergencies.
d) Overtime distribution shall be made on an annual basis from January
1st to December 3 1st. Any grievances regarding distribution may be
filed only during the last ten (10) working days of March, June,
September and December, when in the opinion of the employee he/she
has not shared in the overtime during that quarter as provided
herein.
e) When an employee has not shared in the overtime as provided herein,
he shall be afforded the next overtime available for which he/she is
qualified, or such other remedy as may be available, within the same
year period as defined above.
f) When overtime is required within the department, job classification
and shift, no probationary employee shall be scheduled for overtime
until all other employees involved are afforded the opportunity to
work the overtime.
g) When an employee has completed the probationary period or has been
transferred to a different job classification, department or shift,
the employee shall then commence to share equitably in the
distribution of future overtime without regard to the previous
overtime status of the employee or the other employees involved. The
individual employee will be immediately assigned the amount of
overtime equal the highest level of overtime within the
classification, shift of his/her new department. From that point
overtime will be equalized as per 43).
h) Any employee who is offered overtime and refused shall be considered
to have worked such overtime for the purpose of overtime
distribution. In the case where overtime is canceled by Management,
those employees who refused overtime for the same period will not be
charged for those hours.
i) In the event of a breakdown or failure of a system occurs after
regular scheduled working hours (i.e.: Saturday, Sunday, Holidays or
evenings) or an emergency situation is declared as outlined in 43),
the Company will follow the procedure listed below:
1) The Vice President of Operations and/or department supervisor
must be notified immediately.
12
2) The VP of Operations and/or supervisor will make an assessment
as to the nature of the problem and whether the problem
involves other departments.
3) The supervisor will utilize appropriate bargaining unit
personnel as determined in step 2, who may be currently within
the facility.
4) If no bargaining unit personnel are present then phone contact
should be made with the personnel working on that specific
equipment to discuss the necessity of bringing an individual
into the plant on a "call-in" basis.
5) If no bargaining unit personnel can be contacted the Union
President or Chief ▇▇▇▇▇▇▇ will be informed and the VP of
Operations and/or supervisor will utilize any other employee
as appropriate.
j) Overtime will be equalized by hours paid, not hours worked. An
employee working 4 hours of overtime at time and one-half, will be
charged with 6 hours for purposes of equalization. Similarly, 4
hours of overtime at double time will be charged at 8 hours for
purposes of equalization.
k) If a person is not at work (vacation, illness, PAA) when overtime is
being offered, that person will not be offered or charged any
overtime hours unless the entire department is offered overtime. In
the case where the entire department is offered overtime, those
people who are not at work when the overtime is offered will be
charged. If a person is out of work (vacation, disability, leave of
absence, illness, injury) for a period of more than two weeks, upon
return to work, he/she will be charged with the average number of
overtime hours asked during their absence for his/her
classification, department, and shift. If the extended absence
occurs anytime in the month of December, the Company will not be
required to equalize the employee.
l) If a person is on light duty for any reason, he/she will not be
offered any overtime until all light duty restrictions have been
removed and the employee is returned to his/her normal job. Upon
return to normal duties, the employee will be placed into the
overtime equalization group for his/her classification, department,
and shift at the average number of hours for that group on the day
that he/she returns to work.
m) An employee who agrees to work weekend overtime is expected to
fulfill that obligation. If an employee cannot work the agreed-to
overtime, it is his/her responsibility to notify his/her supervisor,
either in person or via phone (see paragraph 100 regarding call-in
practices) prior to the overtime period. Failure to follow proper
call-in procedure, or abuse of this procedure on weekends, will
result in disciplinary action.
13
44. Reporting Pay: An employee who reports for work on his regular shift
without having been notified prior to reporting that no work is available
shall receive four (4) hours work beginning with the regular starting of
the employee's shift. If no work is available, he shall receive four (4)
hours pay at his straight time hourly rate in lieu thereof beginning with
the regular starting time of the employee's shift, except in case of labor
dispute. When notifying employees not to report for work, the Company
shall be entitled to rely upon the latest address shown on the employee's
personnel record. Radio and television announcements which commence at
least two hours prior to the start of the employees shift concerning the
plant being closed will constitute notice which will nullify the four hour
reporting pay.
45. Call-back Pay: An employee who is called back to the plant to perform
emergency work after having completed his regular shift, or who is called
to perform emergency work on a day when he has not scheduled to work shall
receive a minimum of four (4) hours work, or four (4) hours pay at his
straight time hourly rate in lieu thereof if work is not available.
VI. GRIEVANCE PROCEDURE AND ARBITRATION
46. Grievance Procedure: If a grievance or dispute should arise between the
Company and the Union or between the Company and an employee or a group of
employees with respect to rates of pay, wages, hours of employment or
other conditions of employment as specified under the terms of this
Agreement and its written supplements, such grievance or dispute shall be
taken up in accordance with the procedure outlined herein.
47. No complaint or grievance will be considered which is not submitted to the
immediate Supervisor under Step 1 within twenty (20) working days after
the employee was aware of the occurrence. Retroactive monetary claims
shall be limited to thirty (30) day period prior to the date the grievance
was first submitted in writing to the Company.
48. Grievances regarding discharge or disciplinary layoffs must be filed
within three (3) working days from the date of discharge or the
commencement date of the layoff.
49. It is agreed that no grievance shall be valid unless appealed within the
time limits established within each step of the Grievance Procedure and
that these time limits may, by mutual agreement of the parties, be
extended in any step.
50. Step One:
a) An employee having a complaint shall, either alone, in company with,
or through either his or her ▇▇▇▇▇▇▇, take up the complaint with the
Supervisor. The ▇▇▇▇▇▇▇ will encourage the employee who has the
complaint to meet with the supervisor and try to resolve the
complaint. All discussions should follow paragraph 123 regarding
leaving their workstations.
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b) If the complaint is not resolved through oral discussions within two
(2) working days, the ▇▇▇▇▇▇▇ shall reduce the complaint to writing
on a form provided by the company and submit a grievance signed by
the ▇▇▇▇▇▇▇ to the immediate Supervisor. The Supervisor shall render
his decision on the grievance form in writing within two (2) working
days, ▇▇▇▇ the grievance not accepted, sign the grievance form and
submit it to Step 2.
51. Step Two:
a) In the event a satisfactory settlement is not reached in Step One,
the ▇▇▇▇▇▇▇ shall present the written grievance to the Chief ▇▇▇▇▇▇▇
who shall request and schedule a meeting with the next higher level
of COMPANY management to discuss the grievance. Such meeting shall
be requested within five (5) working days of the appeal from Step
One and shall take place within five (5) working days of the request
for the meeting. The Manager will render his decision in writing on
the grievance from within five (5) working days of the date of which
the meeting occurs. If the answer is accepted, the Chief ▇▇▇▇▇▇▇
shall sign the acceptance. If it is not accepted, the Chief ▇▇▇▇▇▇▇
shall, within an additional five (5) working days ▇▇▇▇ the grievance
not accepted, sign the grievance and submit it to Step Three.
52. Step Three:
a) In the event a satisfactory settlement is not reached in Step Two
(2) the Chief ▇▇▇▇▇▇▇ who shall request and receive an appointment
with the VP of Operations and the Director of Human Resources to
discuss the grievance. Such meeting shall be requested within five
(5) working days of the appeal from Step Two (2) and shall take
place within five (5) working days of the request for the meeting.
At this meeting, the Union shall be represented by the President of
the local Union, the Chief ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ involved on the
grievance. The International Representative may also attend such
meeting if his attendance is requested and Company notified in
advance by the Union. The Director of Human Resources shall render
the company decision in writing on the grievance form within five
(5) working days of the date on which such meeting occurs. If the
answer is accepted, the Chief ▇▇▇▇▇▇▇ and the Director of Human
Resources shall sign the acceptance.
53. The decision of the Company in any step of the grievance procedure shall
be final and binding and the grievance shall be considered settled on the
basis of the Company's last answer, unless notice of appeal to succeeding
steps, including arbitration, is filed with the Company within five (5)
working days after the Company has rendered its decision.
54. It is understood that the Union or the Company may call the aggrieved
employee as a witness in the Third Step meeting provided for herein. The
requesting party will give advanced notice to the other party that the
aggrieved employee may be called as a witness.
15
55. The Union may on its own, initiate and process a grievance of a policy
nature. Such grievance may be submitted at step three of the Grievance
Procedure.
56. Arbitration: Any grievance or dispute falling within the scope of this
Agreement which is not settled in the final step of the Grievance
Procedure provided for herein may be submitted to an impartial arbitrator.
57. Arbitration proceedings may be instituted by either the Company or the
Union. Within thirty (30) days after the effective date of this Agreement,
the parties shall request from the Federal Mediation and Conciliation
Service a list of fifteen (15) names, from which list a permanent
arbitrator and first and second alternate arbitrator shall be selected for
the life of this Agreement. The list of proposed arbitrators shall be made
up of people within a reasonable distance from Rochester, New York. These
people should also know that they are expected to give a quick response on
discharge cases.
58. Selection of the permanent arbitrators shall be as follows:
a) The Union and the Company shall alternately strike out a total of
fourteen (14) names from the list furnished by the Federal Mediation
and Conciliation Service.
b) The remaining name shall become the permanent arbitrator.
c) The fourteenth name struck out will be the first alternate
arbitrator
d) The thirteenth name struck out will be the second alternate
arbitrator.
59. Unless otherwise agreed to by the parties, arbitration proceedings shall
be held within thirty (30) days after the grievance or dispute has been
submitted to arbitration. In all cases, the permanent arbitrator will be
given first notice. However, if he is not available within the thirty (30)
days, the first alternate arbitrator will then be called. The second
alternate arbitrator will be called if the first alternate arbitrator is
not available within thirty (30) days.
60. The permanent arbitrator shall be notified by the parties of the time and
place for the hearing, which time and place shall be mutually agreed to.
Each party may submit pre and post hearing briefs to the arbitrator which
state the position of the parties and furnish to the arbitrator any
arguments, in support thereof. If either party submits briefs or other
written arguments to the arbitrator following the hearing, the other party
will be furnished copies of such material simultaneously with its being
furnished to the arbitrator. Any post- hearing submittal by either party
shall be submitted within seven (7) days of the conclusion of the hearing.
61. The arbitrator shall have no power to add to, subtract from or modify any
of the terms of this Agreement, or any other terms of this Agreement or
any other terms made supplemental hereto, or to arbitrate any matter not
specifically provided for by this Agreement. The arbitrator's authority is
to interpret and apply provisions of the
16
Agreement. It is further understood and agreed that the arbitrator shall
not rule on proposed amendments or proposed modifications of this
Agreement or its extension or renewal.
62. The arbitrator shall render a decision, in writing, to both parties. The
hearing shall be considered closed when arguments are concluded or when
the transcript of the proceedings, if any, is received by the arbitrator
or upon submission of the post-hearing briefs of the parties. After a case
on which the arbitrator is empowered to rule has been submitted to
arbitration, it may not be withdrawn by either party except by mutual
agreement.
63. There shall be no appeal from the arbitrator's decision, which shall be
final and binding on the Company, the Union and the employees involved.
64. Regardless of the outcome of any matter submitted to arbitration, the
costs thereof shall be shared equally by the Union and the Company. Such
costs shall be limited to the arbitrator's fees and expenses. The cost of
any additional services required by either party shall be borne by the
party requesting these additional services.
65. In disciplinary layoff and discharge cases, the arbitrator shall have the
power to adjudge the guilt or innocence of the employee involved and
review any penalties imposed on employees and modify or amend penalties,
if in his judgment the penalty is too severe. If the arbitrator shall
adjudge the employee innocent of the offense for which he was disciplined
or discharged and so orders the Company shall reinstate the employee in
full with accumulated seniority, and in case the employee was penalized by
loss of working time, will pay him back wages less any time during the
period the employee was off wherein the plant was not operating on a
standard work week resulting from shorter hours, shutdowns for any reason,
including emergency and inventory, and less any money the employee
received from other employment during the period he was off, including
self-employment, Unemployment Compensation or ▇▇▇▇▇▇▇'▇ Compensation.
66. Either party may, however, upon thirty (30) days written notice to the
other party dismiss the permanent arbitrator and the parties will then, by
the above procedure, select another permanent arbitrator.
17
VII. DISCIPLINE AND DISCHARGE
67. The Company may discipline, suspend or discharge any employee for good and
sufficient cause. Good and sufficient cause is defined as violation of CVC
policies and procedures or failure to perform assigned duties.
a) Disciplinary action will take the following steps:
STEPS RETENTION TIME IN FILE
----- ----------------------
1. Oral warning 6 months
2. Written warning #1 12 months
3. Written warning #2 18 months
4. Suspension pending discharge 24 months
5. Discharge n/a
b) Infractions listed in Appendix C under "suspension pending
discharge" may lead to immediate discharge.. Reference Appendix C
for examples of conduct requiring the disciplinary action.
c) Cases other than those involving disciplinary layoff or discharge
may be contested through the normal grievance procedure.
68. In the event of any disciplinary action, whether it is a formal warning or
a complaint of the employee's work attitude and performance, the Area
▇▇▇▇▇▇▇ will be informed before the disciplinary action takes place:
a) The employee will be informed of his union representation rights in
the presence of the Area ▇▇▇▇▇▇▇ before disciplinary action takes
place. If the employee does not wish union representation at the
meeting, he or she must sign a waiver (copy to Union) to that effect
in the presence of the member mentioned above. The disciplinary
action will not take place before a waiver is signed, if such a
waiver is the wish of the employee.
b) In the event that disciplinary action involves suspension or
discharge, the Union President, Chief ▇▇▇▇▇▇▇ and Area ▇▇▇▇▇▇▇ must
be present before such action takes place.
c) In case of disciplinary layoff or discharge, a member of the
grievance committee shall introduce the employee's complaint into
Step Three of the Grievance Procedure. This will be done within
three (3) working days of such action. A meeting will be held within
two (2) working days unless an extension is mutually agreed to by
the parties. The Union may request a postponement, not to exceed
fifteen (15) days, with the understanding that the Company shall not
be obligated to pay any award beyond the date set for the original
meeting unless the case is referred to arbitration. In no case is a
delay caused by the Union to cause a loss to
18
the Company by reason of the delay. Upon request, the Company will
furnish the Union the employee's most recent address as shown on the
employment record.
d) The decision of the Company in any step will be final unless notice
of appeal to succeeding steps, including arbitration, is filed with
the Company within five (5) working days after the Company has
rendered its decision.
69. A copy of any disciplinary action or record of oral warning shall be given
to the employee, the Area ▇▇▇▇▇▇▇, and the Chief ▇▇▇▇▇▇▇ at the time of
discipline, or as soon as possible thereafter.
VII. HOLIDAYS, VACATIONS AND PAID ABSENCE
70. Holiday Pay: CVC observes 11 paid holidays each year. These include New
Year's Day, Good Friday, Memorial Day, Independence Day. Labor Day,
Thanksgiving Day, the day after Thanksgiving, December 24th, Christmas
Day, and December 31st; the eleventh day is a floating holiday and is
available as an additional vacation day; use of this day is subject to
proper notification to the Company per Paragraph 79. These holidays are
available to all employees as of date of hire. Holidays which fall during
an employee's four day week schedule will only be paid at straight time
pay for 8 hours. The Company and the Bargaining Unit representatives will
review the holiday schedule for the next calendar year by September 1st
of the current year. Any revisions to how the company holidays are
scheduled will be mutually agreed to before communicating to the
employees.
71. If a holiday occurs on a Saturday or Sunday, the Company observes that
holiday on Friday or Monday respectively. The particular holidays to be
observed are communicated annually. Any exceptions to the above will be
mutually agreed to by the employee and the company.
72. Company holidays falling within an employee's scheduled vacation are
counted as holidays, not vacation days.
73. Employees cannot reschedule a holiday because of sickness or injury.
74. Employees receive holiday pay equivalent to 8 hours pay. Shift premium is
included in the holiday pay only if this premium is regularly received.
75. To receive holiday pay an employee must be in a paid status (working day,
vacation day, PAA day or mutually agreed to excused absence) the work day
before and the work day after the holiday. If an employee calls in sick
the day before or the day after the holiday, and he/she was previously
denied this time off by the supervisor, the employee will not receive
holiday pay, unless the employee brings in a doctor's excuse, receipt for
services or other valid proof to justify the absence.
19
76. If an employee is required to work on a Company holiday, he will receive
holiday pay at straight time equivalent to 8 hours pay plus overtime at
the regular overtime rate (refer to Paragraph 40 for all hours worked on
the holiday.
77. Vacations: The vacation year is defined as the twelve (12) month period
from hire date or anniversary of hire date.
a) Vacation allowances are as follows:
---------------------------------------------------
Length of Service Vac. Pay Physical
Allowance Vacation
---------------------------------------------------
0 - < 6months 0 0 days
---------------------------------------------------
6 months to < 12 40 hours 5 days
months
---------------------------------------------------
12 months to < 3 years 80 hours 10 days
---------------------------------------------------
3 years to < 5 years 100 hours 12.5 days
---------------------------------------------------
5 years to < 10 years l20 hours 15 days
---------------------------------------------------
10 years to < 20 years 160 hours 20 days
---------------------------------------------------
20 years to < 30 years 200 hours 25 days
---------------------------------------------------
30 + years + 220 hours 27.5 days
---------------------------------------------------
78. Employees who lose seniority, as provided in Paragraph 87 of this
Agreement, prior to the end of the anniversary year of the particular
vacation year are eligible for a vacation with pay except that payment for
a vacation allowance to which an employee would otherwise have been
entitled shall not be denied because of separation of the employee from
the payroll by death or retirement under the Pension Plan prior to the end
of the anniversary year. Employees with less than six month service are
not eligible for vacation allowance.
79. All employees, if eligible, will be required to take a minimum of two (2)
weeks physical vacation time off and are urged to take the full vacation
period.
80. Employees may, with proper notice given, take vacation at a time requested
by the employee, production requirements and seniority permitting. All
employees are required to provide a minimum of one (1) week's notice for
vacation periods of less than five (5) days and are further required to
provide a minimum of one (1) month's notice for vacation periods of five
(5) days or longer. For seniority to govern, this request for physical
time off must be made by March 31st each year.
81. Employees may carry over their vacation time which exceeds 80 hours into
the following vacation year, not to exceed 80 hours carry- over.
82. Vacation pay allowance will be based on the employee's current straight
time hourly rate. The vacation pay allowance will be paid to the employee
as physical time -off is scheduled and taken.
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83. An employee who is placed on lay- off shall receive his/her vacation time
and pay as originally scheduled.
a. If you leave CVC due to indefinite lay-off, retirement or death,
vacation time will be paid according to the schedule in Appendix B.
The time which you are accruing for service in your current
anniversary year will be paid on a prorated basis which is based on
the number of months of completed service since your last
anniversary (1/12 of your annual vacation Lime per month of
completed service).
84. In the event an employee does not take physical time off equivalent to
his/her total vacation allowance, that differential will be paid at the
end of the anniversary year at the request of the employee. In the case of
a laid off employee this will be paid either at the anniversary date or
earlier upon the employee's request.
85. Paid Absence Allowance Credit: The Company recognizes that any one of us
may occasionally be away from work because of minor illness or the need to
attend to pressing personal business which cannot be addressed during
non-work time. While receiving a pay check from the Company, bargaining
unit employees will receive an allotment of hours which may be used for
incidental personal and sicktime. The use of this time is described below.
The hours are paid at the employee's regular hourly rate and are credited
to the employee on the anniversary of the
a) PAA benefits are provided according to your length of service as
outlined in the following table:
------------------------------------------------
Length of Service Sick Days Personal Days
(hours) (hours)
------------------------------------------------
0 to 6 months 0.00 0.00
------------------------------------------------
6 months < 1 year 2 (16 hours) 2 (16 hours)
------------------------------------------------
1 year + 5 (40 hours) 3 (24 hours)
------------------------------------------------
b) Employees not earning a Company paycheck (e.g. on disability or
leave), will not earn PAA time for each month of work missed (1/12
of your annual PAA time per month of completed service).
c) When an employee is sick and unable to report for work at the
regularly scheduled time he/she must notify the Company as
instructed in Paragraph 99. Proper notification is necessary to
ensure that Company's management can effectively maintain a smooth
work flow during the absence.
d) Employees are responsible for calling in at the beginning of each
work day when sick and uncertain from day to day as to when they
will be able to return. If the duration of an absence is known, you
must advise the Human Resource Department accordingly.
21
e) Personal and sick time is measured from one anniversary of the date
of hire to the next. You may use the personal time for any purpose
when proper notification has been supplied to the Company by
submitting a Personal Time Request: refer to Appendix E. You may use
personal time before or after a company holiday or with vacation if
you receive your immediate supervisor's written approval in advance.
Personal days may also be used for personal reasons all at one time
with prior written permission from your immediate supervisor.
f) Although illness is not predictable, the use of personal time
usually is. Personal days must be scheduled a minimum of 24 hours in
advance with your immediate supervisor. The supervisor can grant the
use of personal time the same day if the situation warrants it.
g) Employee with less than ten years of service may carry over a
maximum of 32 hours of sicktime over to the following year;
employees with ten years or more may carry over a maximum of 40
hours sicktime.
h) On your anniversary date, you have the option of cashing in any or
all of your accumulated personal time and sicktime for pay. You
must cash in all personal time and any sicktime over the maximum
number of hours which you are allowed to carry over (refer to
Paragraph 84 g above).
i) PAA time must be used in increments of at least one hour. Personal
absences which are not pre-approved will not be paid. If you have
used all of your PAA time and must miss work, the absence will be
considered unexcused. The exception to this is if a previously
approved unpaid day is taken immediately before or after a holiday,
you will still be eligible for the holiday with pay.
j) If you leave the Company due to indefinite lay-off, retirement or
death PAA time will be paid according to the schedule in Appendix B.
The time which you are accruing for service in your current
anniversary year will be paid on a prorated basis which is based on
the number of months of completed service since your last
anniversary (1/12 of your annual PAA time per month of completed
service). If you leave the Company due to a voluntary quit or
discharge PAA time will not be paid.
k) As an individual you are important in the performance of your work
and our plans are based on the expectation that you will be at work
on a daily basis. Therefore unexcused absence is grounds for
disciplinary action.
22
IX. PROBATION AND SENIORITY
86. Probationary Period:
a) Any employee who has been in the employment of the Company for
ninety (90) consecutive days without a break in service, shall be
granted seniority from their hire date. Until receiving seniority,
employees shall be subject to layoff, discipline or discharge at the
sole discretion of the Company. Probationary employees who are
terminated and are rehired within fifteen (15) working days after
being terminated, shall be considered to have been continuously
employed.
b) All probationary employees will be reviewed by management on a
minimum of once a month as to their job performance. The Union
▇▇▇▇▇▇▇, Chief ▇▇▇▇▇▇▇ or President will be present during such
reviews.
c) If, in the opinion of the Company, an employee has not
satisfactorily completed their probationary period, the Company may
extend the probationary period for not more than an additional
forty-five (45) days.
87. Seniority
a) Seniority shall be defined as the length of service of the employee
with the Company or its predecessors in the bargaining unit
beginning with the starting date of initial employment or the
starting date of re-employment, whichever is later.
b) When employees have the same starting date, seniority order shall be
established by the lower of their individual social security
numbers.
c) On all employees covered by the Agreement, the Company shall
maintain seniority records, a copy of which will be furnished to the
Union each month.
d) After completion of the Probationary period, an employee will
accumulate seniority continuously except as provided in Paragraph
88.
88. Loss of Seniority:
a) Seniority shall be lost for the following reasons:
1) Voluntary quitting.
2) Discharge for good and sufficient cause.
3) Failure on the part of the laid- off employee to return to
work within three (3) working days after receipt of
notification by the Company, by registered letter to the
employee's last known address, that the employee is to return
to work. When an employee, for valid reasons, is unable to
return to work or to notify the Company within three (3)
working days,
23
they shall, upon presenting proof to the Company of their
inability to return to work or to so notify the Company, be
reinstated on the job. When the Company has recalled an
employee from layoff, a delay by the employee in reporting to
work shall not preclude the Company from working an other
employee, including a junior recalled employee, in the
recalled employee's job pending the reporting to work of the
recalled employee.
4) Exceeding leave of absence without giving a satisfactory
reason.
5) Employees on layoff out of the plant shall have recall rights
for a period equal to their seniority from date of hire but
not to exceed eighteen (18) months. Employees on layoff in
classifications within the plant shall have unlimited recall
rights subject to the other provisions of this Agreement.
6) An employee who fails to notify the Company on the third day
of absence shall be deemed to have quit. Notice herein
referred to shall be made to the Human Resource Department. An
employee who reports ill and remains away from work for more
than three (3) working days, will be responsible for
requesting a leave of absence, which leave shall be subject to
revocation and the employee subject to discharge upon failure
to present satisfactory proof of illness.
89. Application of Seniority: Seniority will be used only for purposes set
forth in this Agreement.
90. Layoffs:
a) In all cases of temporary layoffs for periods not exceeding three
(3) working days or any extension mutually agreed to by the parties,
seniority shall govern, except that under no circumstances shall the
Company be obligated in such cases to change the job assignment of
any employee involved which would entail a familiarization period or
to change the employee's present department or shift.
b) The Company will not temporarily layoff an employee more than three
(3) working days in any thirty (30) day period nor eighteen (18)
cumulative days in any contract year unless agreed to by the
employee. The Company will not maintain records of temporary layoff
for individual employees and it will be incumbent upon the employee
to point out to their supervisor whenever they have reached the
maximum days specified in Paragraph 89 a) and above. If the employee
does not contest the matter at the time of temporary layoff, it will
be assumed they are agreeable to accept the temporary layoff.
24
c) An indefinite layoff is a layoff expected to continue beyond three
(3) consecutive working days. An employee who is to be placed on
indefinite layoff will be entitled to exercise their seniority
rights in accordance with the terms of this Agreement.
d) Employees who are placed on indefinite layoff will be given 3 days
pay, and will not work those 3 days. In addition, the company will
pay the monthly premium for health benefits for the month following
the month of layoff. Those employees affected will be informed as a
group if more than one employee is involved. The Union President,
Chief ▇▇▇▇▇▇▇ and the respective Area Stewards will be present. The
procedure outlined in Appendix B will be followed.
e) On an indefinite layoff, the Company will layoff the least senior
employee in the classification, department, and shift affected.
Seniority will be determined by the employee's original date of
hire.
f) When an indefinite layoff is to occur, the Company will, if at all
possible, notify the Union at least three (3) working days prior to
such layoff as to the classification, department and shifts to be
affected. Such three (3) working days notice will also be given
those employees to be laid off where the reduction is to take place.
Employees bumped will be afforded as much advance notice as possible
but in no event less than one (1) working day.
91. Inventory: During period of physical inventory, seniority within the
department shall govern in the scheduling of employees to work within that
department. If additional employees are required beyond those available
from the department, all employees will be considered and seniority
honored in the further selection provided the employee is qualified to
perform the work required. The Union will be given a minimum of two (2)
days notice by the Company of the employees that are scheduled for
inventory work outside their department. In the event overtime is required
during or on inventory, this overtime shall not be charged in considering
overtime distribution.
92. Bumps:
a) An employee placed on indefinite layoff will report to the Human
Resources Department of the Company for an exit interview, at which
time they will complete a "Recall and Bump Form", two copies of
which will be given to the employee, one of which will be furnished
to the Union by the employee. The positions listed on the "Bump and
Recall Form" will not be taken lightly and the employee involved
should have a real conviction that he or she can perform the jobs
listed. Cross-training records will also be used to determine the
eligibility of employees to bump into another classification. There
will be no obligation on the part of the Company to return an
employee to work other than to their regular classification until
they have completed the Bump and Recall form.
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b) When bumping, a qualified employee may bump into a classification of
their choice and on a shift of their choice. They may only bump in
the same labor grade of their regular classification or to a
classification in a lower paid labor grade. They may only bump an
employee of lesser seniority and will be required to bump the least
senior employee of that classification on the shift of his choice
whose job they are qualified to perform. Seniority will be
determined by the employee's original date of hire.
c) The determination of an employee's qualification to perform a job
entered on their "Recall and Bump Form" will be made following the
exit interview. If they are disqualified, the reasons for such
disqualification will be reduced to writing and given to the
employees and the Area ▇▇▇▇▇▇▇.
d) In exercising bumping rights, an employee must first exhaust all
possibilities in the classification from which laid off or bumped,
except that they will not be required to change shifts.
e) When exercising bumping rights, an employee will not be trained to
do the job; however when an employee bumps into a classification of
their choice as provided in Paragraph 91 c. above, the Area ▇▇▇▇▇▇▇
and a member of Management will mutually agree on a specified period
of time, during which the employee will be given, with suitable
orientation, an opportunity to demonstrate that they can
satisfactorily perform the job. If it is then found that they cannot
satisfactorily perform the job, they will be laid off and allowed to
exercise their seniority rights.
f) An employee who declines to bump at the time of layoff will so state
on his Recall and Bump form. They will then remain on layoff until
recalled; refer to Recalls, Paragraph 93.
93. Recall:
a) Employees working out of their regular classifications and employees
on indefinite layoff will be recalled to their regular
classification when their services are needed, in seniority order.
The same procedure will be used when employees are recalled to
positions listed on their Bump and Recall forms. Seniority will
govern in cases where an employee is competing in trying to return
to their regular classification with another employee who has such
classification listed on their Recall and Bump form; refer to
Appendix I. Seniority will be determined in accordance with
Paragraph 87 of this Agreement.
b) An employee may be recalled only to a classification in the same or
to a lower paid labor grade.
26
c) On recall, an employee will not be trained to do the job, however,
they will be oriented and directed in such a manner as to provide an
opportunity to satisfactorily perform the job. If it is found that
they cannot satisfactorily perform the job, they will be
disqualified and placed on layoff.
d) An employee who declines recall to their regular classification or
any other classification listed on their Recall and Bump form will
be treated as a voluntary quit, unless they have an adequate reason
for such failure to return.
e) An employee on layoff who has completed a Recall and Bump form may
change such form by notifying the Human Resource Department in
writing any time prior to recall.
94. Transfers Out of Bargaining Unit: Any employee who is transferred out of
the bargaining unit for any reason shall have no contractual right to
return to the bargaining unit in a classification in which employees are
on layoff. Employees transferred out of the bargaining unit shall continue
to accumulate seniority for a period of one (1) year. If returned to the
bargaining unit within such time period. and there is an opening the
employee shall be returned to the job held prior to their transfer out of
the bargaining unit or to the classification now covering the type of work
they performed at the time of transfer out of the bargaining unit. If
there is no opening in the classification from which the employee was
from, the employee may "bump" his/her way back into their previous
position, if seniority warrants, as per paragraph 92.
95. Flexibility of Work Assignments:
a) It is understood and agreed between the parties that irrespective of
job classification, employees may be assigned to perform work
outside their current job classification based on the understanding;
of an acceptance by the parties that work requirements vary from day
to day based upon customer orders and needs and production
schedules. When such work assignments occur, the employees involved
shall not suffer a loss in base wages as a result of such
assignment. The provisions of this section shall not be applied in a
discriminatory or arbitrary manner. Nothing in this section shall be
intended to permit circumvention of the job promotion procedure
outlined in the Agreement, Article XII or to deny full time
employment to an employee on layoff status.
b) It is recognized and agreed that certain employees spend a portion
of their time in the classifications over which they serve. This
principle is applicable whether or not employees are on lay- off
from the classifications over which they serve.
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X. SHIFT PREFERENCE & PREMIUM
96. Shift Preference:
a) Management reserves the right to make any temporary shift transfers
to not exceed thirty (30) working days duration, in a calendar year,
using seniority, job skills, and business needs as the selection
criteria. Personal hardship cases will exempt individuals from shift
change requirements. If you work the majority (more than 50%) of
your straight time hours between the times listed below, you will be
paid the appropriate shift differential for all hours worked on that
shift.
b) Employees may request of their immediate supervisor, in writing, a
transfer to another shift. The shift change shall be limited to
their present job classification and department, and they must be
able to perform the available work. Employees shall be permitted
upon the expiration of twenty (20) working days, to displace the
employee having the least amount of seniority on the shift of their
preference, provided the above qualifications are met. All employee
requested shift changes will become effective on a mutually agreed
upon day. An employee may request a shift change only twice in a
calendar year. Exceptions must be mutually agreed to by the Union
and Management.
97. Shift Premium
----------------------------------------------------------
Shift hours Shift Title ShiftPremium
----------------------------------------------------------
7:00 am to 3:30 PM
or A none
7:00 am to 5:30 PM
----------------------------------------------------------
3:00 PM to 11:30 PM
or B 10% over base rate
3:00 PM to 1:30 am
----------------------------------------------------------
11:00 PM to 7:30 am C l5% over base rate
----------------------------------------------------------
98. If you regularly receive shift premium, your vacation and holiday pay will
also include shift premium.
XI. ABSENCE AND LEAVES OF ABSENCE
99. Absences: It is understood and agreed that a high standard of attendance
is essential to an efficient plant operation. The Union pledges that it
will cooperate fully and will encourage its members to cooperate fully
with Management, both in maintaining good attendance records and in prompt
notification when absence is necessary.
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100. Report of Absence: On the day of an absence, employees on the first shift
must notify the immediate supervisor or Human Resource Department between
the hours of 7:00 AM and 8:30 AM, second shift between 2:00 and 3:30 PM.
and third shift between 10:00 and 11:30 PM, unless this absence has been
previously approved. Voice mail messages are not an acceptable form of
notification; the employee must contact the supervisor or Human Resource
department directly, Employee are urged to use the supervisor's Pager.
Such notification will be waived in unique cases where it is physically
impossible for the employee to contact the above. In such cases, it is the
employee's responsibility to contact the Human Resource Department as soon
after 9:30 as is physically possible and to provide a written doctor's
note upon return to work. The employee, upon providing notice of an
absence for personal business, shall specify the period of and reason for
the absence. Failure to notify the Company on the first day of absence
will result in appropriate disciplinary action.
101. Leave of Absence: Limited leave of absence for sufficient cause will be
granted by the Company, upon application, to employees who have completed
their probationary period. Requests for leave of absence must be made in
writing on the form provided for that purpose, and must be approved by the
employee's immediate supervisor, VP of Operations and the Director of
Human Resources. Refer to Appendix D for Leave of Absence Forms.
102. Seniority shall continue to accumulate during the approved leave of
absence; however, all such leaves are without pay and an employee on leave
shall not be entitled to any other benefit provided by the terms of this
Agreement unless eligibility for such benefits is otherwise expressly
provided for in the Agreement. When an employee has been granted a leave
of absence for a specific period of time, it will be the employee's
responsibility to request an extension of such leave if additional time is
required.
103. Subject to the conditions stipulated on this section, leaves of absence
may be granted under the following guidelines:
a) Leave of absence for personal business or vacation may be granted to
employees when justification satisfactory to management is presented
and when work schedules permit. An approved leave of absence for
personal business shall not exceed thirty (30) calendar days and an
employee requesting such a leave shall make his request a minimum of
(5) work days in advance of the effective date of the leave. An
approved leave of absence for vacation purposes will be marked
"Vacation". When granted a personal leave of absence, you will be
expected to utilize all unused vacation time at the commencement of
your leave. Depending on the remaining time in your anniversary
year, and with your manager's approval, this requirement may be
modified.
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b) Leave of absence for personal health reasons, in no event to exceed
twelve (12) calendar months or any extension thereof mutually agreed
to by the parties, will he granted to employees when supported by
satisfactory medical proof supplied by the employee. A request for
an extension shall not be unreasonably denied. An employee
requesting a leave of absence for medical reasons shall be subject
to examinations by the Company physician if the Company determines
such an examination to be necessary. A leave of absence which is
granted for personal health reasons, shall be considered to be
continuous if the employee is sequentially placed on another leave
for the same general condition after working less than thirty (30)
working days following completion of the previous leave of absence.
A leave of absence for maternity reasons is considered a leave of
absence for personal health reasons.
c) An employee on leave of absence for personal health reasons may
return to work prior to or at the expiration of such leave upon the
release of their personal physician and subject to the approval of
the Company's physician, if required. Such examinations to occur no
later than the day before the return from leave,
d) Leave of absence for extended time duty with the Local, District or
International Union or to any appointed or elected public office may
be granted to employees, either appointed or elected to fill such
positions, for a period not to exceed twelve (12) calendar months.
No more than two (2) employees shall be granted a leave of absence
for this purpose during the same period of time.
e) When leaves of absence are granted, the employee, upon return to
active employment, will be returned to a job of like classification,
if such a job still exists and provided his/her seniority standing
entitles him/her to the position. However, if circumstances have
eliminated such comparable jobs, the employee will be reclassified
to the most nearly comparable job for which he/she is qualified and
to which his seniority standing will entitle him/her.
f) When an employee fails to return to work at the expiration of the
approved leave of absence or accepts gainful employment during the
leave of absence, the employee will be terminated.
g) Leave of absence for compensable injury and legal occupational
disease cases will be granted automatically for the full period of
legal temporary disability and seniority will accumulate for the
full period of such leave.
h) Any employee who enters into active service in the Armed Forces of
the United States, as defined below, will be given a leave of
absence for and will accumulate seniority during such a period of
service, and upon termination of such service, shall be offered
re-employment in their previous position, in line with their
seniority, at the current rate of pay for such work, unless the
circumstances have so changed as to make it impossible or
unreasonable to do so, in which event he/she will be offered such
employment as may be available in line with their seniority, on work
which is similar to that which he/she was doing before he/she
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left, at the current rate of pay for such work, provided he/she has
been honorably discharged, is physically able to do the work, and
reports for work within ninety (90) days after their discharge. As
used in this section, entrance into active service is defined as
limited to:
1) Having entered into such service under the terms of the
Selective Service Act of 1940 as amended
2) or Entering into service under the Selective Service Act of
1948
3) or Entering into service under the Universal Military Training
Act of 1951, as a member of the United States Army, United
States Navy, or United States Air Forces
4) or Whose service is subject to the jurisdiction of the United
States Air Force, and whose entrance into such service cannot
be terminated by voluntary resignation.
XII. NEW JOBS, PROMOTIONS, Posting, Bidding, Promotions
104. New Jobs: When new jobs arise which cannot be properly placed in
classifications which have been established previously, the Company will
establish new job classification and place within or above the wage
structure. A copy of the new classification and rate range shall be
furnished to the Union.
a) Thereafter, within thirty (30) days from the effective date of such
new job classification, the Union may request a review of the rate
range being established on the new job classification. When the
Company and the Union have mutually agreed on a rate range for the
new job, such rate range, if different from the one originally
established by the Company, shall be effective, and all hours worked
within such a new job classification shall be paid accordingly.
b) When the parties, after a period of thirty (30) days, cannot agree
where a new job is to be inserted, the issue of the proper slotting
of the job may be submitted by either party to arbitration.
c) Any dispute arising as to the proper classification of an employee
or employees as the result of a grievance claiming that new work
should be performed by a new job classification, will be subject to
the grievance procedure, including arbitration. Conversely, where
the Company has decided that a new job exists and the Union claims
that the work should be slotted into an existing classification the
dispute may be made the subject of a grievance which may be
processed through the grievance procedure, including arbitration.
This section shall in no way authorize the arbitrator to establish
or act on wage rates.
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105. Promotion:
a) General Provisions: Employees may only bid or apply for an opening
in the same or higher labor grade than the classification in which
they are currently assigned. An employee may however, apply for a
lower labor grade in certain extenuating circumstances such as for
medical reasons. If an employee has been granted a change of regular
classification under the provisions of the Article and is later
found to be not qualified to perform the work, the employee will be
disqualified and returned to their last previous regular
classification, seniority permitting. If the employee lacks
sufficient seniority to return to such regular classification, then
the employee may be laid off or exercise seniority rights in
accordance with this Agreement. The employee will not be permitted
to again bid or apply for a promotion for a period of six months.
b) Definitions:
1) Regular Classification- An employee's regular classification
is that job classification to which he/she was last assigned
by a) hire, b) a successful bid or application, or c) a change
by the Company with employee's consent.
c) The Company need not act on applications if an opening ceases to
exist.
106. Filling Openings:
a) An Opening will be filled by a qualified employee who has bid or
applied for such opening. If there are two (2) or more qualified
employees, the more senior employee shall be awarded the opening.
b) If an opening, cannot be filled through the provisions of this
section, it may be filled by the individual consent of an employee
or at the discretion of the Company. In any event if the opening is
not filled within a six month period after posting, a new posting
must be made.
c) The Company will determine the size and composition of its workforce
and will determine when an opening exists. The Company need not act
on bids or applications if an opening ceases to exist after posting.
107. Posting: An opening will be posted on the shop bulletin boards for a
period of 10 (10) consecutive working days, excluding Saturdays, Sundays
and Holidays. Such posting shall indicate the department, labor grade, job
classification, shift and rate of pay.
108. Bidding: Employees who have completed their probationary period who meet
the minimum qualifications to bid on openings may do so, in writing, on
forms designed and supplied by the Company. Only those bids submitted
within the ten (10) posting period will be considered.
32
109. Promotion Application:
a) Employees who have completed their probationary period may make
application for an opening by properly filling out an application
form designed and supplied by the Company and submitting it to the
Human Resource Department; refer to Appendix H.
b) An employee may file a promotion application at any time.
Applications will remain on file until December 31 of each year, at
which time they will become inactive. Employees desiring to
remaining in consideration for promotions must file new applications
after January 1. Applications may be withdrawn at any time.
Applications of file by any employee will not be considered if the
employee is present in the plant the ten days that the job is
posted.
XIII. BULLETIN BOARDS, SAFETY AND HEALTH, ANTI -DISCRIMINATION, BULLETIN BOARDS
110. Bulletin Boards:
a) The Company will provide bulletin boards which may be used
exclusively by the Union for posting notices approved by the
designated Management Representative and restricted to:
1. Notices of Union recreational and social affairs.
2.) Notices of Union elections.
3.) Notices of Union appointments and results of Union elections.
4.) Notices of Union meetings.
5.) Notices of official Union business.
b) There shall be no other posting or distribution by employees of
pamphlets, advertising, political matter, notices, or any kind of
literature upon the Company's property other than as herein
provided.
111. Safety and Health:
a) The Union may at any time draw safety hazards to the attention of
the Management. The Company will not require employees to work under
conditions which are unsafe or injurious.
b) Refusal of an employee to follow safety rules and regulations or to
use available safety devices and equipment when instructed to, will
subject him/her to disciplinary action up to and including
discharge.
33
c) The Company shall continue to make reasonable provisions for the
safety and health of the employees during the hours of their
employment. Both the Union and the Company agrees that they will
cooperate with each other in all matters concerning the health and
safety of the employees. The Company shall provide such protective
equipment as it deems necessary to protect the employees from injury
and sickness.
d) Effective January 1, 1989 the wearing of safety shoes by all
bargaining unit employees is mandatory during working hours. The
Company will pay the total cost ($150.00 maximum) for the
replacement of safety shoes as required (manager approval) but not
more often than every 18 months. Only AISI approved shoes will be
allowed and the company will provide a list of local stores where
these shoes are available.
e) A Safety Committee, with two representatives from the bargaining
unit, will meet quarterly to conduct safety audits of the
manufacturing areas.
112. Anti-Discrimination: The Company and Local 342 agree they will not
discriminate in hiring or treatment of employees in their training,
upgrading, promotion, transfer, layoff, discipline, discharge, or
otherwise because of race, color, creed, national origin, sex, age,
marital, handicapped, or Veteran status, or membership in the Union.
XVI BEREAVEMENT PAY, JURY DUTY, REST PERIODS, WASH -UP TIME
113. Bereavement Pay:
a) When death occurs in an employee's immediate family, defined as:
current spouse, parent, parents of current spouse, child, brother,
sister, step-children, step parents, grandparents, or any dependent
person living in the employee's home, the employee, on request, will
be excused for any of the first three (3) regularly scheduled
working days (excluding Saturdays and Sundays); or in the case of
seven day operations, excluding the sixth and seventh work days of
the employee's scheduled work week immediately following the date of
death.
b) In the case of the death of an employee's sister-in-lawor
brother-in-law ,he/she will, on request, be excused for one (1)
regularly scheduled working day coincident with the day of the
funeral.
c) After making written application, therefore, the employee shall
receive pay for any scheduled hours of work up to eight (8) per day
for which the employee is excused (excluding Saturdays and Sundays;
or in the case of seven day operations, employee's scheduled work
week) provided he/she attends the funeral and provides satisfactory
evidence of their attendance to the Company.
34
d) Payment shall be made at the employee's regular straight time hourly
rate (excluding overtime and night shift premium) as of their last
day worked. Time thus paid will not be counted as hours worked for
purposes of overtime.
114. Jury Duty Service:
a) Any employee with one or more years of seniority who is called to
and reports for jury duty, shall be paid by the Company for each day
partially or wholly spent in performing jury duty; the employee
otherwise would have been scheduled to work for the Company and does
not work, an amount equal to the difference between the employee's
regular straight time hourly rate exclusive of shift premium,
overtime premium and any other premiums for the number of hours up
to eight (8) that he/she otherwise would have been schedule to work
and the daily jury duty fee paid by the court (not including travel
allowance or reimbursement of expenses).
b) In order to receive payment under this section, an employee must
give the Company prior notice that he/she has been summoned for jury
duty and must furnish satisfactory evidence that jury duty was
performed on the days for which they claim such payment. The
provisions of this section are not applicable to an employee who,
without being summoned volunteers for jury duty.
c) Employees working the second or third shift who are summoned and
perform jury duty and elect not to report to work those days, will
receive jury duty pay.
115. Rest Periods: There shall be two (2) fifteen (15) minute rest periods with
pay during each regular shift at a stated time as defined by the Company
and consistent with production requirements.
116. Wash Up and Clean Up Time: There shall be two (2) five (5) minute wash- up
periods, one (1) before lunch period and one (1) before quitting time of
each shift for the purpose of personal wash up.
XV. REPRESENTATION
117. The Union shall select a bargaining committee to be composed of not more
than four (4) employees, which will include the President and Chief
▇▇▇▇▇▇▇. The duties of the bargaining committee shall be to negotiate the
Collective Bargaining Agreement with the Company.
118. The union shall also select stewards to represent the employees in the
bargaining unit. The number of stewards and the department ▇▇▇▇▇▇▇
assignments shall be determined annually by mutual agreement of the
parties. In the annual determination of the number of stewards, the ratio
of stewards to employees shall not exceed one for each thirty (30)
employees in the bargaining unit who are actively at work. Such
redetermination shall be
35
completed sufficiently prior to May 31 of each year to permit the Union to
hold the necessary ▇▇▇▇▇▇▇ elections and advise the Company of the new
stewards by June 1 of each year. One employee shall be designated by the
Union as the Chief ▇▇▇▇▇▇▇, which position is an elective office.
119. In the event a second (2nd) or third (3rd) shift is started, a ▇▇▇▇▇▇▇
will be permitted for the shift even though less than thirty (30)
employees may be assigned to the shift. However, a second ▇▇▇▇▇▇▇ will not
be provided until and unless the ratio of one (1) ▇▇▇▇▇▇▇ to thirty (30)
employees is present on the shift.
120. All stewards and other union officials shall be selected from among the
employees in the bargaining unit. In conjunction with the grievance
procedure, each ▇▇▇▇▇▇▇ shall act only for the employees within their
jurisdiction. It is agreed that no probationary employee shall be eligible
to serve as a Union Representative in any capacity.
121. The names of the members of the bargaining committee and the names of the
Chief ▇▇▇▇▇▇▇ and stewards shall be supplied to the Company President, VP
of Operations and Director of Human Resources at the time of their taking
office, and the Company shall recognize such personnel on the day after
receipt of such certification. The Company shall also be advised in
writing of changes in such officials.
122. Authorized non-employee representative of the Union shall be allowed
access to the Company's premises at reasonable times during business hours
and subject to reasonable restrictions against interference with
production activities, for the purpose of carrying on such Union business
as from time to time may be necessary. Such representatives shall request
such access from the designated Management Representative.
123. Employees shall not leave their work stations to communicate with Union
representatives with reference to the purposes authorized by this
Agreement until they have obtained permission from their supervisor and
identified the purpose of their leaving their work stations.
124. Employees may be absent from work on Union business during their regular
shifts without pay when prior arrangements are made with the designated
Management Representative, in writing, by an officer of the union, with
the understanding that the total absence from work under this paragraph
will not exceed six (6) in number at any one time, or a number mutually
agreed to by the parties in each instance. Where the employee works a
portion of their shift before leaving the plant, a pass must be obtained
and shall be granted.
125. The Chief ▇▇▇▇▇▇▇ and the President shall each be allowed twenty (20)
hours per month, non-cumulative, during working hours and without loss of
pay, for Union related business such as recording overtime schedules,
consultation on Union -Company related problems, and grievances. The
stewards authorized shall each be allowed twelve (12) hours per month,
non-accumulative, during working hours and without loss of pay, for Union
related business such as recording overtime schedules, consultation on the
Union
36
Company related problems, and grievances. The Union Recording Secretary
shall be allowed six (6) hours per month, non-cumulative, during working
hours and without loss of pay for Union related business such as posting
notices, etc. The Union Financial Secretary shall be allowed nine (9)
hours per month for Union related business.
126. Any time, by the Bargaining Committee, spent in meetings with Management
which are outside the normal negotiations and have been requested by the
Company, will be paid for by the Company.
127. Time spent in Step 3 of the Grievance Procedure by the President, Chief
▇▇▇▇▇▇▇ and the applicable ▇▇▇▇▇▇▇ shall be paid by the Company. Such time
will be held to the minimum necessary time required to settle or process
the grievance.
128. Any time spent on Union business by the representatives listed above,
which exceeds the pay limitations of the Company for such matters, shall
be paid for by the Union local.
129. Before leaving their work stations for purpose of the activities
authorized by this Agreement, the Stewards, Chief ▇▇▇▇▇▇▇ and President
shall request and will receive a written pass for Union business from
their supervisor authorizing them to leave their work station. At the time
of the request, they shall identify to the supervisor the purpose for
their leaving. They shall not, however, be permitted to go on Union
business until a substitute worker is provided in their place, if one is
required. No undue delay shall occur in providing a substitute.
130. Upon entering a department other than their oven which they enter for
purposes of the activities authorized by this Agreement, they shall state
the reason for their business to the supervisor of the department and show
him/her their pass for Union business and obtain his signature on the pass
before talking with any employee in said department. The Union agrees to
hold to a minimum all time spent on Union business.
131. The President and the Chief ▇▇▇▇▇▇▇ shall have top seniority in the event
of a layoff for so long as they continue to hold such office. Area
stewards shall have top seniority in the areas under their jurisdiction in
the event of layoff and for so long as they continue to hold such office.
132. Members of the Union Bargaining Committee not already covered by top
seniority provisions will have top seniority in the event of a layoff four
(4) months prior to the expiration of the contract and such top seniority
will continue until the contract is ratified.
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XVI. SHORT-TERM MILITARY PAY:
133. An employee with one or more years of seniority who is called to and
performs short term active duty of thirty (30) days or less, including
annual active duty for training, as a member of the United States Armed
Forces Reserve or National Guard shall be paid by the Company for each day
partially or wholly spent in performing such duty, if the employee
otherwise would have Been scheduled to work for the Company and does not
work, an amount equal to the difference, if any, between (i) the
employee's regular straight time hourly rate on the last day worked,
exclusive of shift, overtime and any other premiums for the number of
hours up to eight (8) that he/she otherwise would have been scheduled to
work and (ii) their daily military earnings (including all allowances
except for rations, subsistence and travel). The Company's obligation to
pay an employee for performance of military duty under this Article is
limited to a maximum of ten (10) scheduled working days in any calendar
year.
134. In order to receive payment under this Article, an employee must give the
Company prior notice of such military duty, and upon their return to work,
must furnish the Company with a statement of their military pay while on
such duty.
XVII DURATION OF AGREEMENT
135. From time to time issues may arise as a result of the changing nature of
work at CVC, Inc. which may best be addressed by negotiations between CVC
and the Union. The parties may mutually agree to open negotiations which
they deem appropriate under this Collective Bargaining Agreement.
136. The Company and the Union, for the life of this Agreement, agree that the
other shall not be obligated to bargain collectively with respect to any
subject of matter referred to or covered in this Agreement, even though
such subject or matter may not have been within the knowledge or
contemplation of either or both of the parties at the time that they
negotiated or signed this Agreement.
137. This Agreement shall remain in full force and effect until midnight,
October 31, 1998, and shall thereafter be continued in full force and
effect from year to year after October 31, 2001 unless notice of
termination or a desire to modify or change this Agreement is given in
writing by either party at least sixty (60) days before the expiration
date. Upon receipt of such notice, a conference shall be arranged for
within thirty (30) days. This provision shall not be interpreted to
require a meeting prior to sixty (60) days before the expiration date of
this Agreement.
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XVIII. COMPANY BENEFITS
MEMORANDUM OF Agreement: Below) are brief outlines of the Health Insurance
coverage, Life Insurance coverage and Pension Program applicable to the
bargaining unit employees at CVC Products. It is not intended that the entire
contract language for all these programs be included, however, the highlights of
the various programs are provided:
138. Short Term Disability:
o After 30 days of employment, employees are eligible for Short Term
Disability benefit.
o If an employee is out of work due to non-work related injury,
illness, or surgery, for a period greater than 5 days, he/she may be
eligible for Short Term disability benefit. Short term disability
can begin on the 6th day of absence and coverage can continue up to
26 weeks. If admission to the hospital is required on the first day
of absence, the five day waiting period will be waived and short
term disability payments will begin on the first day of absence.
This benefit pays 2/3 of base pay and overtime wages are not
included in the calculation of Short Term Disability.
o A bargaining unit employee that has greater than 5 PAA or vacation
days at the time of disability/absence, may elect to exhaust all
paid time off before STD begins.
o If the situation arises that requires an absence of greater than 5
days, supervision is to be notified. If possible, the employee
should let the supervisor know when he/she is expected to return to
work.
o Return to Work: A return to work certification from a health care
provider (doctor's release) is required for absences greater than 5
days. This release should be submitted to Human Resources prior to
the start of the shift.
o Returning to Work With Modified/Light Duty: In some circumstances an
employee can return to work under the conditions of a modified/light
duty arrangement. Modified/light duty restriction (if any) and
duration should be specifically noted in a doctor's release to
return to work.
o Every effort will be made to accommodate a modified/light duty
restriction. The type of accommodation for modified/light duty will
be determined by the Department Manager/Supervisor, Human Resources
Representative, the employee and union representative. This
accommodation will be within the scope of the Americans with
Disabilities Act.
o Reasonable accommodation can include reassignment to another
position if there is an opening. If the reassignment is in a lower
classification, current job classification will be retained for a
period of 90 days. If the accommodation in the lower classified
39
position is greater than 90 days, the employee classification will
be adjusted to the lower classification. Upon return to regular duty
and to the previous position, the former job classification will be
reinstated.
o If modified/light duty restriction is temporary (9 months or less in
duration) assignment will be based on the duties that can be
performed. Employee will not bump another for temporary
modified/light duty. This bumping will only be allowed if the
employee meets minimum requirements for the position and follows
requirements for bumping in Paragraph 92.
o If modified/light duty cannot be reasonably accommodated, the
employee will be sent home and paid short term disability until an
accommodation can be found or he/she can return to regular duty. If
under this circumstance STD reaches 26 weeks, the employee will be
given the option to apply for long term disability. CVC does reserve
the right to terminate employment if a reasonable accommodation
and/or reclassification to another position is refused by employee.
139. Long Term Disability:
o After 30 days of employment, employees are eligible for Long Term
disability.
o This benefit is paid beginning the 27th week of an extended absence
due to the inability for an employee to return to work after Short
Term Disability. Coverage is provided up to 60 percent of an
employee's base salary. Continues for the length of the disability.
o Employees on long term disability will be removed from CVC payroll.
o Return to Work From LTD: A doctor's release is necessary for an
employee to return to work from LTD. An employee should notify CVC,
in writing, of his/her intent to return to work, two weeks prior to
the anticipated return to work date. If the absence is less than 18
months, the employee will then be allowed to bump, based on
seniority, (as stated in Paragraph 92) into the position they held
prior to the absence. If the absence is greater than 18 months and
the Company has an open position available, an employee can return
to work from LTD. Bumping will not be allowed and the employee could
be assigned a position of a lower classification than was held prior
to the absence. CVC reserves the right to assign the position based
on qualifications to perform the assigned duties. If the absence is
greater than 18 months and no position is available, then the
terminated status is deemed final.
40
140. Worker's Compensation:
Worker's compensation Insurance provides cash benefits and medical care payment
for employees who become disabled because of job related injury or illness.
o It is entirely paid for by CVC.
o An employee who is eligible for Worker's compensation is entitled to
all necessary care that the injury/illness or the process of
recovery may require. The individual is free to choose any
physician, podiatrist or chiropractor authorized to give medical
care by the New York State Worker's Compensation Board.
o Beginning with the 8th calendar day of the work-related/illness,
employees who lose time from work are eligible to receive 2/3 of
their weekly wages to a maximum of $400. These weekly benefits are
based on Worker's Compensations Law and are subject to modification.
If the disability lasts more than 14 days, payments are made
retroactive to the first day.
o Injured employees have the right to select their own physicians.
However, CVC may require an injured employee to submit to an
independent physical examination by a doctor chosen by CVC. CVC does
reserve the right to challenge excessive or unnecessary treatment
for an injured employee.
o The injured or ill employee's department supervisor should notify
the Payroll Administrator as soon as they have knowledge of a
work-related injury or illness by filling out the form located on
V?\CVC forms\HR\accident-illness report form.
o The New York State Workers' Compensation law requires that a C-2
Form (Employer's Report of Work Related Accident/Occupational
Disease) be received at the Workers' Compensation Board within ten
days of specified incidents; failure to do so could result in a
fine. Therefore, the department must submit a completed C-2 Form to
the Payroll Administrator when the work-related injury or illness
results in one or more of the following: The employee is absent for
three or more work days. The employee requires three or more medical
visits. The employee sustains a facial injury or one that may cause
a permanent or partial loss of bodily function regardless of lost
work time. The Payroll administrator will review and forward the
completed C-2 form for filing with the New York State Workers'
Compensation Board.
141. Blue Cross/Blue Shield, Blue Choice, Preferred Care: Employees may enroll
in one of the above medical insurance programs. Refer to the Human
Resource department for full details. Coverage begins 30 days after your
hire date. Coverage terminates on the last day worked, unless you are
eligible for COBRA. See the Human Resource department for further details.
41
142. Prescription Drugs: Prescription drug purchases arc covered under the
chosen health/medical plan.
143. Dental Plan: The Company will provide each employee with dental coverage
for a single plan. If the employee wants dependent coverage, they must
elect to pay an additional amount currently at $2.88 per week. The dental
plan will provide 100 percent for preventive services, 75 percent for
basic services, and 50 percent for major services. There will be a $50
deductible, which will be waived for preventive services. There will be a
$1,000 calendar year maximum per participant and three time the $50
deductible per family. This plan does not have orthodontic coverage.
Coverage begins 30 days after your hire date. Coverage terminates on the
last day worked, unless you are eligible for COBRA. See the Human Resource
department for further details.
144. Life Insurance: Each employee is provided with a $10,000 non-contributory
group life insurance coverage. This coverage may be increased by $8,000
for total coverage of $18,000. The cost of the additional coverage is
shared by the employee and the Company. In addition, the plan provides for
an accidental death and dismemberment benefit which is equal to the amount
of the coverage.
145. Pension Plan for Hourly Employees of CVC Products: The pension plan for
hourly employees was "frozen" effective September 30, 1991. No future
benefits will accrue to employees after that date. All benefits accrued
prior to October 1, 1991 remain intact and unchanged. The Company, Inc.
hourly and salaried employees pension plans have been merged effective
September 30, 1991. The merged plan will continue in existence until it is
fully funded. The Company is responsible for the full funding of the plan.
When the plan is fully funded, it is expected that all benefits will be
distributed or transferred to another plan. The Company is responsible for
the termination of the pension plan, subject to the approval of the IRS
and/or the Department of Labor, and will hold the Union harmless for any
action that the Company may take which results in any type of protest
which may be brought by any pension plan participant.
146. 401(k) Plan:
o This language provides only a highlight of the 401(k) plan. The plan
document shall control in the event of any disputes. A copy of the
plan can be obtained in the Human Resource department for additional
details about this plan.
o Effective October 1, 1991, the Company adopted a 401(K) Profit
Sharing Plan for all employees. The plan will be administered by the
Chief Financial Officer. A 401(K) committee consisting of a minimum
of 3 employees each from the bargaining unit and the non-bargaining
unit will meet quarterly to review any changes or modifications to
the plan which are not required by law.
o Eligible employees can elect, through payroll deduction, to
contribute up to 4% of his/her pay into the basic savings portion of
the plan. The Company will make a
42
matching contribution at a rate of $.50 on $1.00 on the first 4%
that an employee contributes. The matching contributions are made
each pay period.
o Any eligible employee may further elect to contribute an additional
11% of his/her pay beyond the original 4% contribution (for a
maximum of 15%). However, he/she does not receive an employer match
on the additional contributions
o At the end of each fiscal year (September), the Company will
determine the amount, if any, of additional, discretionary
contribution to be made to the plan (refer to the official plan
document). The CVC contributions to your 401(K) account are subject
to change The discretionary contribution, if any, will be made by
December 15 of the year.
o No administrative charges for life of contract
147. Retirement Benefits:
o In addition to the pension, employees who retire on or before
November 1, 2001, will cost-share 35% of the medical insurance
premium cost; the Company will pay 65%. Employees who retire after
November 1, 2001 will cost-share the medical insurance premium with
the Company; paying 50% and the employees paying 50%.
o Additionally, the Company will provide thirty-five hundred dollars
($3500.00) of life insurance at no cost to the retiree.
o The Company pays 100% of the medical insurance premiums for
bargaining unit employees hired prior to 11/8/91. Effective 1/1/98,
the Company pays 60% and employees pay 40% of the cost of premiums.
148. Severance Pay:
a) In the event the Company plant is closed or in the event a product
line is discontinued at that plant or is transferred to another
plant of the Company which results in employees being laid off, the
effected employees shall be entitled to severance pay provided they
meet the following eligibility requirements.
1) The employee has a minimum of 3 years seniority at the time of
layoff.
2) The employee has exercised all his seniority rights under
paragraphs 91 through 92 of this Agreement.
3) The employee must notify the Company in writing within three
(3) working days after notification of layoff of their
election to take severance pay.
b) Employees accepting severance pay shall forfeit all their seniority
rights and shall not be subject to recall by the company.
43
c) Any employee who is 65 years or older at the time of layoff and is
eligible for retirement, shall not be eligible for severance pay.
The severance pay provided herein shall not be applicable to
voluntary quits, discharge or economic layoffs.
d) The severance payment referred to above shall be equal to the
employee's total years of seniority multiplied by $350.00.
44
Signatures
In witness hereof the parties hereto have caused their names to be subscribed by
their duly authorized officers and representatives this day of November 9, 1998.
For: For:
Local 342 International Union CVC Products
of Electronic, Electrical, Rochester New York
Salaried, Machine & Furniture
Workers, AFL-CIO
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
----------------------------------- ----------------------------------------
▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ /s/ ▇▇▇▇ ▇▇▇▇▇▇▇
----------------------------------- ----------------------------------------
▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇
/s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
----------------------------------- ----------------------------------------
▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
/s/ ▇▇▇▇ ▇▇▇▇▇▇ /s/ ▇▇▇▇▇▇ ▇▇▇▇
----------------------------------- ----------------------------------------
▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇
-----------------------------------
▇▇▇▇▇ ▇▇▇▇▇▇
For:
International Union of Electronic, Electrical, Salaried,
Machine & Furniture Workers, AFL-CIO
/s/ ▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇▇
45
Appendix A LAYOFF PROCEDURE
The personnel affected will be informed as a group with the Union President,
Chief ▇▇▇▇▇▇▇ and appropriate Area ▇▇▇▇▇▇▇ present.
Exit interviews will be held on an individual basis with proper Union
representation present This exit interview will include:
1) Completion of the Bump and Recall form.
2) Scheduling of interviews for positions listed on the Bump and Recall
form.
3) Interviews with the HR department for full explanations of COBRA,
PAA, vacation, etc.
When the Bump and Recall interviews are completed a copy of the result of the
interviews will be provided to the individual and the Area ▇▇▇▇▇▇▇.
Refer to the chart below for separation coverage:
-------------------------------------------------------------------------------------
Type of Separation Accrued Accrued Unused Unused Dental Medical
Vacation PAA Vacation PAA Ins. Ins.
-------------------------------------------------------------------------------------
Indefinite Lay-off yes* yes* yes yes COBRA COBRA
** **
-------------------------------------------------------------------------------------
Retirement yes yes yes yes no 40%***
-------------------------------------------------------------------------------------
Death yes yes yes yes no no
-------------------------------------------------------------------------------------
Quit yes no yes no yes yes
-------------------------------------------------------------------------------------
Discharge no no yes no yes yes
-------------------------------------------------------------------------------------
* Unless otherwise requested accrued vacation and PAA will be paid on the
anniversary date. Employees laid off within 6 months of hire date are not
eligible for vacation and/or PAA allowances.
** COBRA is an elected benefit
*** CVC will provide 65% of the medical insurance premium to employees who
retire prior to 11/1/2001
▇▇
▇▇▇▇▇▇▇▇ ▇ DISCIPLINARY ACTIONS
Disciplinary Actions: NOTE: Compliance with all present and future Corporate
policies is a condition of employment for all CVC employees. Adherence to
policies and procedures is mandatory; violation will result in the appropriate
disciplinary action.
Suspension pending discharge: The following actions, but not limited to these
offenses, will lead to immediate suspension pending discharge:
1) Falsification of personnel or other records.
2) Theft or misappropriation of property of other employees or of CVC.
3) The use, possession, distribution, sale or offering for sale of illegal
drugs on CVC property.
4) Sabotage, abuse, misuse, or deliberate destruction of the property, tools,
or equipment belonging to CVC or to other employees.
5) Reporting to work while under the influence or in an unsafe condition.
Please note that substance abuse testing will be required after just
reason/cause is shown. Test expense will be paid by CVC.
6) Physical abuse, assault or fighting.
7) Insubordination -refusal to obey direct orders of Supervisory and/or
Management staff.
8) Possession of weapons on CVC property without permission.
9) Possession or consumption of any alcohol or controlled substance on CVC
property.
10) Harassment; the use of abusive language, threats, intimidation or coercion
towards anyone on CVC property. This includes interfering with others by
distracting attention through unnecessary noise, throwing objects or other
means of disruption.
11) Flagrant disregard for CVC Safety Rules, Clean Room Practices or other
industry standard safety practices. Refer also to Appendix J & K.
Oral Warning, 1st Written, 2nd Written, Suspension, Discharge: The following
offenses, but not limited to these offenses, will lead to disciplinary action
including Oral Warning, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, Suspension, and Discharge:
12) Failure to comply with current smoking and/or fire regulations.
13) Restriction of output, making unnecessary scrap or unauthorized use of
machines, tools or equipment.
47
14) Leaving CVC property without permission during work hours, wasting time or
loitering.
15) Immoral or indecent conduct.
16) The making of false or malicious statements concerning any individual at
CVC, the Company or its products.
17) Unauthorized use of Company phones or pay phones during work hours.
18) Unauthorized distribution of literature or other printed matter of any
description on Company property.
19) Unauthorized posting of, or removal of notices, signs, or writing in any
form on bulletin boards or other Company property.
20) Unauthorized absences
21) Disregard for CVC Safety Rules, Clean Room Practices or other industry
standard safety practices. Refer also to Appendix J & K.
48
Appendix C BARGAINING UNIT EMPLOYEE LEAVE of ABSENCE FORM
-------------------------------------------------------------------------------------------------
Name: Reason for Request (check 1) Return Date:
-------------------------------------------------------------------------------------------------
Street Address: Personal Business Leave Date:
-------------------------------------------------------------------------------------------------
City, State, Zip: Personal Illness Hire Date:
-------------------------------------------------------------------------------------------------
Telephone: Personal Illness - extension Dept:
-------------------------------------------------------------------------------------------------
Employee No: Vacation - extension Classification:
-------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Vacation time available:
--------------------------------------------------------------------------------
Personal time available:
--------------------------------------------------------------------------------
Employee Signature: _________________________________________ Date: ____________
Management Approval/Denial:
--------------------------------------------------------------------------------
Title Signature Approve Deny Date
--------------------------------------------------------------------------------
Supervisor:
--------------------------------------------------------------------------------
VP of Operations:
--------------------------------------------------------------------------------
Director of HR:
--------------------------------------------------------------------------------
General:
All Leaves of Absence are subject to the provisions of the collective bargaining
agreement and the conditions of this application.
Only employees who have completed the probationary period will be granted a
leave of absence.
Applications for a Leave of Absence must be submitted for approval a minimum of
five (5) working days in advance of the requested leave date.
Employees who fail to report to work at the expiration of the leave, or fails to
request an extension or accepts gainful employment during a leave will be
considered a voluntary quit.
Leaves of Absence and Extensions to Leaves of Absence must be requested by the
employee in writing, in advance per the above.
Personal Business Leaves shall not exceed thirty (30) days.
Vacation Leaves will not be granted until all available vacation allowance has
been utilized.
49
Personal Illness Leaves:
Medical statements covering the period of each Personal Illness Leave and each
Personal Illness Leave Extension must be provided to the Human Resource
department prior to final approval of such leaves.
The employee must submit a request for leave with these medical records; a
statement from the doctor is not sufficient to grant or extend such leaves.
Employees on Personal illness Leave and/or Personal Illness Leave Extension may
return to work prior to the expiration of the leave only upon release by their
doctor and the approval of the Company doctor, if required.
Employees returning from Personal Illness Leave and/or Personal Illness Leave
Extension must report to the HR department prior to reporting to their
supervisor for assignment of duties. A release from the Company doctor is
required for all absences in excess of three days.
50
Appendix D FAMILY MEDICAL LEAVE ABSENCE FORM
[LOGO]
C V C
Request for Family and Medical Leave (FMLA)
Name:_______________ Date: __________
Reason for Family/Medical Leave:
|_| Birth/placement of child
|_| Serious health condition of self
|_| Serious health condition of:
|_| spouse
|_| child
|_| parent
Start date: ____________________ End date: ____________________
_______________________________________________________________
Employee Signature
Approvals:
_______________________________________________________________
Supervisor/Manager Date
_______________________________________________________________
Functional Vice President Date
_______________________________________________________________
Human Resources Date
Copies: Employee
Supervisor
Personnel File
▇▇
▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇ ▇▇▇ / VACATION REQUEST FORM
--------------------------------------------------------------------------------
Name: Reason for Request (check 1) Return Date:
--------------------------------------------------------------------------------
Street Address: Vacation 1st Absence Date:
--------------------------------------------------------------------------------
City, State, Zip: Personal Time Hire Date:
--------------------------------------------------------------------------------
Telephone: Dept:
--------------------------------------------------------------------------------
Employee No: Classification:
--------------------------------------------------------------------------------
Employee Signature: _________________________________________ Date: ____________
--------------------------------------------------------------------------------
Vacation time available:
--------------------------------------------------------------------------------
Personal time available:
--------------------------------------------------------------------------------
Management Approval/Denial:
--------------------------------------------------------------------------------
Title Signature Approve Deny Date
--------------------------------------------------------------------------------
Supervisor:
--------------------------------------------------------------------------------
VP of Operations:
--------------------------------------------------------------------------------
Director of HR:
--------------------------------------------------------------------------------
52
Appendix F UNION TIME REQUEST FORM
Date:
Time departing department:
--------------------------------------------------------------------------------
Name:
--------------------------------------------------------------------------------
Union Office held:
--------------------------------------------------------------------------------
Request: provide department, individual to be consulted:
Supervisor's authorization # 1:
(supervisor of department union official works in)
Supervisor's authorization #2:
(supervisor of department entered for consultation)
Time returning to department:
--------------------------------------------------------------------------------
Union time available:
--------------------------------------------------------------------------------
Union time used:
--------------------------------------------------------------------------------
Union time remaining:
--------------------------------------------------------------------------------
Original: HR Department
53
Appendix G DISCIPLINARY ACTION FORM
Date:
Employee name:
Description of infraction:
Level of discipline (retention period): Oral warning (6 months)
1st Written (12 months)
2nd Written (18 months)
3 day suspension (24 months)
Date: to Date:
Discharge:
Supervisor:
Retention: This disciplinary action will be held in the employee file for the
designated period from the above date.
Original:employee File
xc: Operations Manager
Supervisor
Employee
Area ▇▇▇▇▇▇▇
Chief ▇▇▇▇▇▇▇
54
Appendix H PROMOTION APPLICATION
Employees wishing to apply for future promotional opportunities must submit
completed form with current resume to HR Department. Applications may be
submitted at any time and will expire on the last day of the calendar year;
employees are responsible for updates to all applications.
Name:
Department:
Position applied for:
Qualifications:
Education:
Documented Cross-training:
Experience:
55
Appendix I BUMP & RECALL FORM
--------------------------------------------------------------------------------
Date: Seniority Date:
--------------------------------------------------------------------------------
Name: Employee No.
--------------------------------------------------------------------------------
Address: Classification:
--------------------------------------------------------------------------------
Wage Grade:
--------------------------------------------------------------------------------
Telephone: Shift:
--------------------------------------------------------------------------------
Other: Layoff date:
--------------------------------------------------------------------------------
Seniority rights are available to the following job classifications:
--------------------------------------------------------------------------------
Classification Wage Grade Shift
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
I wish to exercise bumping rights or be recalled to the following positions,
(listed in order of preference):
--------------------------------------------------------------------------------
Classification Wage Grade Shift
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
It is understood that if recalled to the regular classification or any other
classification listed on this form and refuse such recall or fail to respond
this action will be considered as a voluntary quit.
It is further understood that management has the responsibility of determining
the qualifications of individuals for all classifications and that records of
performance, interviews and/or tests may be used to determine the qualifications
for the above listed positions. If unable to meet the required qualifications a
layoff will occur.
It is further understood that the listed classifications may be amended by
submitting a new form to the HR department.
--------------------------------------------------------------------------------
Employee signature:
--------------------------------------------------------------------------------
Supervisor
signature:
--------------------------------------------------------------------------------
HR signature:
--------------------------------------------------------------------------------
original: HR
xc: Employee, Supervisor, Chief ▇▇▇▇▇▇▇
56
Appendix J CAR POLICY
Compliance with this and other CVC policies is a condition of employment for all
employees. Failure to comply will lead to disciplinary action including
discharge.
Access:
Access is restricted to necessary personnel; those essential to the build and
test functions
Entry must be made through the gowning area.
Gowning Requirements:
The following must be worn by all personnel entering the CAR:
Disposable shoe covers or clean room sneakers*
Disposable latex or nitrile, powder-free gloves**
Disposable head cover
Lab coat
* Clean room sneakers must be removed when leaving the clean area to enter
any other part of the facility, or when leaving the building.
** Touching any vacuum surface with ungloved hands is considered a flagrant
violation of Clean Room Practices and is subject to suspension pending
discharge. This may also apply to any finished surfaces on the exterior of
vacuum ▇▇▇▇▇▇▇▇.
57
Appendix K SAFETY & HEALTH RULES
The personal safety and health of each employee of CVC, Inc., is of the utmost
importance. We maintain a health and safety program conforming to the best
practices of similar manufacturing environments and comply with all pertinent
regulations.
To be successful, such a program must embody proactive attitudes toward injury
and illness prevention on the part of both management and employees. It also
requires cooperation in all health and safety matters between managers,
employees, and co-workers. Through mutual cooperation CVC can establish and
maintain a safe workplace.
Our objective is to provide a health and safety program that will minimizes
on-the-job-accidents and injuries. This health and safety program includes:
A program of health and safety inspections to identify and eliminate unsafe
working conditions or practices. To correct any health hazards or safety hazard,
and to comply fully with all Federal, State and Local health and safety
standards for each function.
To insure compliance with all applicable regulations, CVC will provide
mechanical and physical safeguards on all equipment when required.
Provide health and safety training to all employees.
Provide necessary personal protective equipment and instructions for its use and
care.
Provide an investigation of every accident to determine what caused it and to
take corrective action to prevent recurrence.
Provide enforcement of the the Company, health and safety rules
Health and Safety Rules
The Health and Safety Rules contained herein are supplementary to applicable
Federal, State and local statutes, regulations, laws and ordinances. In the
event of variance, the more strict requirement shall apply
General
All employees must know and understand all safety rules and procedures that are
applicable to their work and location
All employees are required to cooperate with these rules as a condition of
employment.
All employees are expected to use proper care in the performance of work.
58
All employees are expected to be watchful for the safety of others.
All visitors to CVC, Inc. must sign in at the reception desk to obtain a
visitor's badge and must be accompanied at all times. Employees are expected to
direct all visitors to the reception area.
Injuries/Illness
Immediately report all injuries to your WGL and/or manager. All first aid
treatments performed must be followed up by a competent medical authority. This
responsibility lies with the injured person. If you feel ill or if you believe
someone working with you is ill, notify your manager immediately.
All accidents, injuries and illness' which require medical treatment by an
external facility must be reported to Payroll & Benefits within 1 working day.
Refer to CVC Employee Accident/Injury/Illness Report.
Wearing Apparel
Clothing appropriate to the work being performed will be worn at all times.
Shorts are not permitted in the manufacturing areas.
Gloves shall not be worn when operating machines with revolving spindles and/or
tools such as lathes, milling cutters and boring ▇▇▇▇▇, drill presses, etc.
Loose or ragged clothing and handing chains will not be permitted around moving
machinery.
Safety shoes are to be worn by all manufacturing personnel and employees whose
regular job function requires them to be on the manufacturing floor.
Refer to the Company. CAR Policy for gowning requirements within the Clean
Assembly Rooms
Eye Protection
It is mandatory for all employees of CVC Inc. to wear safety glasses whenever
they are in the manufacturing areas. The first pair of safety glasses (plain)
will be provided by the company.
CVC Inc. is not responsible for the cost of the eye examination. You must obtain
an Empire Vision voucher from the HR department to take with you when ordering
safety glasses.
59
Housekeeping
Good housekeeping requires all items be kept in their proper place. Do not allow
unnecessary articles to be kept around the work area. All employees are expected
to cooperate in this Remember, a clean work area is a safe area.
Place refuse in the trash containers that are provided.
Recyclable materials must be placed in the appropriate containers.
Scrap metals must be placed in the provided containers.
Oil, grease, water or any other material that is spilled or collects on the
floor, stairs, walk ways, etc. must be cleaned up immediately; contact the
Facilities department for assistance. No oil or grease should be dumped into any
drain.
All walkways, aisles, steps and emergency exits must be kept clean and
unobstructed.
Access to emergency devices, such as Fire Extinguishers, control valves,
electrical switchboxes, etc., must be kept open at all times and must not be
obstructed by any material.
Hearing Protection
All areas of our plant have been audibly analyzed. Those areas which have been
identified as potentially harmful to hearing have been designated with warning
signs which state CAUTION -- EAR PROTECTION MUST BE WORN WHILE WORKING IN THIS
AREA -- Employees working in any of these designated areas must wear hearing
protection devices.
Hearing protection devices are supplied by the company.
Radio headphones are not permitted on the company premises.
Radios are permitted in areas when they are not distracting to others; the
volume must not be audible from several feet away.
Emergency Situations
Emergency situations fall into three categories, personnel injury requiring
immediate medical attention, hazardous material spill or fire. In each case,
pick up the nearest telephone, dial 60 (to page), state what the problem is and
the location. Refer to the Company Contingency Plan for full details.
Smoking
CVC, Inc. is a no-smoking facility; smoking is restricted to the area outside
the employee entrance.
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The no-smoking zone begins ten feet from the building doorways.
Smoking by bargaining unit employees is restricted to the two 15-minute break
periods and the 30-minute lunch period.
Inspection Of Machinery, Tools, Equipment, And Safety Apparel
Before using, employees are expected to inspect all tools, machines, pieces of
equipment, and safety apparel. If it is defective or in any way unsafe, do not
use it; report the condition to your manager immediately.
Machine guards and other safety devices are provided for protection and may not
be removed except for making repairs, lubricating, or cleaning.
Removal of protective guards must be done by authorized persons. Guards that
have been removed for routine maintenance anchor service must be replaced before
staffing machinery. Proper lockout/tag out procedures must be observed.
Operation Of Lift Trucks
Only authorized employees are permitted to operate any piece of power-driven
equipment.
Authorization to operate lift trucks will be issued to an employee only after
the successful completion of the required training program.
No one shall ride operate a lift truck unless they are properly positioned.
Passengers are strictly prohibited, and no person may ride on the fork of any
fork lift truck.
Hazardous Materials
CVC, Inc. complies with the requirements of OSHA "Hazard Communication
Standard", 29CFR1910.1200. Refer to the Company. Hazardous Materials
Communication for detail.
None of the following materials can be disposed of down the drains or to the
sewer system.
Combustible Liquids; cutting, hydraulic, lubricating oils, etc.
Flammable Liquids; lacquer thinner, gasoline, kerosene, etc.
Toxic Materials; pesticides, concentrated lab chemicals, etc.
Should an accidental spill of any of the above materials take place, every
effort must be made to keep the spill from entering the sewer. Our maintenance
personnel are trained to respond to such incidents and must be summoned.
The Hazardous Material Coordinator will determine the proper method and disposal
method for all spilled materials.
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Compressed Air
When compressed air is used, an OSHA approved (1910.242(b) safety nozzle must be
in place and the pressure must be kept at a minimum.
Under no circumstances may compressed air be used to clean clothing or any part
of the body.
Compressed air hoses or nozzles may never be pointed at yourself or any part of
another's body.
Compressed Gas Cylinders
Compressed gas cylinders should always be handled as if full.
When being transported cylinders must be chained on a cart, or when in use or in
storage chained to an immovable object or in a cylinder rack.
The protective cap over the valve must be screwed in place when the cylinder is
not in use.
Cylinders should be stored where they will not be subject to excessive
variations in temperature.
Keep cylinder fittings clean from oil or grease.
Hand Tools
Check the condition of all hand tools before you use them; if they are
defective, have them repaired or replaced.
All powered hand tools will comply with OSHA 1910.242.
Keep your tools in their storage place. Do not leave them where they present a
hazard to yourself or a co-worker.
Electrical Hazards
Unless you are an authorized electrician do not attempt any electrical repairs
or installations.
Treat all electric wires as ▇▇▇▇ ▇▇▇▇▇.
Do not touch any dangling wires that you may come across. Report them to your
manager.
If you find sparking or smoking motors or other electrical equipment,
immediately turn off the power and report the condition.
Extension cords are often the cause of electrical shock. Examine them carefully
for worn insulation and exposed strands of wire before you use them.
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When removing a plug from an electrical socket pull out the plug instead of
yanking the cord,
Remember that voltages of less than 110 volts can cause death. All portable
electric power tools (other than all insulated tools) must be grounded. This is
done automatically by three pronged plugs when the plug is inserted into a
grounded receptacle. These three wire cords and caps must never be tampered with
or removed.
Do not use portable electric equipment your hands are wet or you are standing on
wet ground.
Overhead Cranes
Periodic inspection procedures must be followed and apply to lifting straps,
hooks, ▇▇▇▇▇ and other associated equipment. The Facilities department is
responsible for annual inspection.
Refueling Vehicles
New York State Laws mandates that, during the refueling of gas or liquid propane
operated vehicle, the engine must be shut off and no smoking is permitted.
Compliance
The management of CVC, Inc. values personnel's lives and property very highly at
CVC and see the need to ensure that these safety precautions and procedures are
complied with at all times. To this extent the previously designated rules and
regulations are required to be obeyed by all CVC employees. Failure to follow
these rules and regulations will result in appropriate disciplinary action
including discharge.
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Appendix L: FLEX TIME SCHEDULE
Flex Time Schedule/Temporary Change of Hours
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Date if
Day temporary start time finish time
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Monday
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Tuesday
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Wednesday
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Thursday
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Friday
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Employee
Name _____________________________________________________________________
Supervisor
Signature _____________________________________________________________________
Date
_____________________________________________________________________
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Appendix M Membership Dues Deduction Memo
Date
To: Employee No.
I hereby assign, from my earnings now or hereafter payable to me from the
Employer, to Local No. 342 of the International Union of Electronic, Electrical,
Salaried, Machine and Furniture Workers, AFL-CIO, a sum equal to Union
Membership dues and, if owing by me, an initiation fee, as certified to the
Employer by the Local.
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Appendix N MEMO OF UNDERSTANDING - LEARNING BLOCK
In an effort to structure job classifications and job descriptions that better
reflect the current and projected business model for CVC, and that reward
employees for learning and experience, the Company and the Union agree to create
a joint committee, consisting of 3 members from each side, that will work to
refine job Classifications. The committee shall utilize the knowledge of members
within their current job classifications. This committee will meet starting by
November 30, 1998 and will have until November 30, 1999 to document a detailed
plan that can be implemented by January 1, 2000. Both parties must come to
agreement on the new policy. Until such time, the agreed current job
classifications, job descriptions and general wage increases will apply.
The committee is accountable to a steering team which will consist of the
Operations Director, HR Director, Chief ▇▇▇▇▇▇▇ and Union President. The
steering team has final decision-making authority.
The following team charter will serve as a guideline for this program.
o Number of levels in each classification are targeted to be a maximum of 3.
o Each classification will have a pay range instead of a single rate.
o Advancement through the pay ranges will be based on individual performance
as measured by achievement of learning blocks.
o Learning blocks for each classification will be documented and reviewed on
an annual basis. This group will initially establish learning blocks.
o Performance based pay increases which will be effective annually and will
occur at the same time as general wage increases as defined in paragraph
30. While there is no funding for this provision during the current
contract, describe how would this be effectively implemented in the next
contract.
o Current employees as of the effective date of the agreement would not have
their rate reduced as a result of this program.
o Seniority shall be a primary consideration.
o Inter-departmental cross training will be considered.
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