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EXHIBIT 10.33
BASIC AGREEMENT
BETWEEN
MEDUSA CEMENT COMPANY
(Division of Medusa Corporation)
AND
THE CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
(INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON
BUILDERS, BLACKSMITHS, FORGERS AND HELPERS, AFL-CIO)
ACTING ON BEHALF OF ITS
LOCAL UNION
Charlevoix, Michigan, Local D480
EFFECTIVE
May 1, 1998 to May 1, 2003
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BASIC AGREEMENT
I Agreement and Purpose 1
II Union Recognition and Security 2
III Seniority 4
IV Job Security 7
V Working Conditions 16
Rates of Pay - Overtime 17
Callouts and Off-Days 18
Limitations Upon Overtime 20
Eight Consecutive Hour Rest Premium 22
Wage Rate - Transfer and Assignments 23
Sunday Work 24
Reporting Pay 24
Funeral Leave 24
Jury Duty 25
Shift Changes 25
Wash Time and Rest Breaks 25
VI Vacations with Pay 26
VII Holidays 28
VIII Wages 30
IX Handling of Complaints 31
X Strikes and Lockouts 37
XI Safety 38
XII Military Service 42
XIII Supplemental Unemployment Benefit Plan 42
XIV Subcontracting 43
XV Miscellaneous 44
XVI Term of Agreement 44
Attachment A 47
Attachment B 49
Attachment C 50
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AGREEMENT BETWEEN
MEDUSA CEMENT COMPANY
(Division of Medusa Corporation)
and
THE UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
(International Brotherhood of Boilermakers, Iron Ship
Builders, Blacksmiths, Forgers and Helpers, AFL-CIO)
and Local D-480
Effective May 1, 1998 thru May 1, 2002
ARTICLE I
AGREEMENT AND PURPOSE
(a) This Agreement is by and between Medusa Cement Company, a Division of
Medusa Corporation, hereinafter called the "Company", and the Cement,
Lime, Gypsum and Allied Workers Division (International Brotherhood of
Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers,
AFL-CIO), hereinafter called the "Union", acting on behalf of its Local
Unions, whose members are employees of Medusa Cement Company.
(b) The Company and the Local Union at each plant have negotiated a Local
Agreement. Each Local Agreement has the same effective date and the same
expiration date as this Basic Agreement. Local Supplemental Agreements
shall not conflict or serve to modify provisions of this Basic
Agreement.
(c) It is the policy of the Company and the Union that the provisions of
Agreement shall be applied to all employees without regard to race,
color, sex, age, religious creed, national origin, handicap or Vietnam
Era Veteran status.
The Masculine words "he", "his" and "him" as used in this Agreement also
shall mean the feminine words, "she" and "her".
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ARTICLE II
UNION RECOGNITION AND SECURITY
(a) The Company recognizes the Union as the exclusive representative for all
hourly rated production, maintenance, quarry and laboratory employees,
excluding all office employees and all supervisors as defined by the
National Labor Relations Act, as amended, for the purposes of collective
bargaining in respect to wages, hours and working conditions at its
plants located at:
Charlevoix, Michigan, Local D480
(b) It shall be a condition of employment that all employees of the Company
covered by this Agreement who are members of the Union in good standing
on the execution date of this Agreement shall remain members in good
standing and those who are not members in good standing on the execution
date of this Agreement shall on the thirtieth (30th) day following the
execution date of this Agreement become and remain members in good
standing in the Union. It shall also be a condition of employment that
all employees covered by this Agreement and hired on or after its
execution date shall on the thirtieth (30th) day following the beginning
of such employment become and remain members in good standing in the
Union.
(c) The term "employee" as used in this Agreement refers only to an employee
whose job is set forth in the Job Classification list attached to each
Local Agreement or any subsequent job added to the list during the term
of the Agreement.
(d) The Company will deduct from the monthly earnings of any of its
employees his Initiation Fee and Union Membership Dues and will pay the
same to the party to whom such employee directs the Company in writing.
Each such employee desiring such deduction to be made from his earnings
must present to the Company his signed order, which shall be
substantially as follows:
"I hereby authorize and direct the Medusa Cement Company to deduct and
pay from my earnings accumulated to my credit my Initiation Fee and
Union Membership Dues, and pay same to ............ I further agree to
hold the Medusa Cement Company harmless on account of deductions and
payment herein authorized."
Medusa Cement Company ...
-----------------------------
Timekeeper
Employee Clock No.
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This authorization may be canceled by the Union member on any
anniversary date of this Agreement upon thirty (30) days prior written
notice to the Company and the Union.
(e) The union shall furnish to the Plant Manager a written list of the names
of employees who will serve on the committee. The number employees on
the committee shall be defined by each Local Agreement. If a vacancy
occurs on the committee, the Plant Manager, shall be informed by letter
of the name of the new member before a meeting is held. No other members
of the Union who are employees at the Plants are eligible to attend
these meetings unless previously agreed to by the parties hereto.
(f) Notwithstanding the provisions of Article II (b) above, any employee,
who is a member of and adheres to established and traditional tenets or
teachings of a bona fide religion, body or sect which has historically
held conscientious objections to joining or financially supporting labor
organizations shall not be required to join or financially support the
Union as a condition of employment; provided, however, that each such
employee shall, as a condition of his or her employment, in lieu of the
payment of periodic dues and initiation fees to the Union, pay sums
equal to such dues and initiation fees to any one of the follow
nonreligious charitable funds, which are exempt from taxation under'
Section 501(C)(3) of the Internal Revenue Code:
1. City of Hope
2. American Cancer Society
3. American Heart Association
4. National Multiple Sclerosis Society
5. American Red Cross
It is expressly understood that any such employee holding conscientious
objections and choosing not to join or financially support the Union,
who requests the Union to use the grievance arbitration procedure on the
employee's behalf, shall be required to pay to the Union the reasonable
cost of processing any grievance on his or her behalf including
reasonable cost of arbitration if any. (Because of State law this does
not apply to Local D23 at Clinchfield, Georgia.)
(g) Upon receipt from an employee authorizing payroll deduction and
specifying the amount to be deducted, the Company will deduct voluntary
contribution to the City of Hope. All amounts so deducted shall be
remitted by the Company to the City of Hope.
The Company shall be held harmless from any claim, demand or action
arising out of such deductions.Employees contributing to the City of
Hope a cannot discontinue or change such contributions for one year.
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ARTICLE III
SENIORITY
(a) The seniority unit shall be plant-wide.
(b) Seniority is continuous service which shall be calculated from date of
first employment or re-employment following a break in continuous
service, whichever occurs later.
When two or more employees are hired on the same day, the employee with
the lowest last four (4) digits in their social security number shall be
senior to the employee with the highest last four (4) digits. This
paragraph is effective May 10, 1978.
(c) New employees and those hired after a break in continuity of service
will be regarded as probationary employees for the first sixty (60) days
of wor and will receive no continuous service credit during such period.
Probationary employees may file and process grievances under this
Agreement, but may be laid off or discharged as exclusively determined
by the Company. Probationary employees who continue in the service of
the Company subsequent to the first sixty (60) days of work shall
receive full continuous service credit from date of the most recent
hiring.
THE PROBATIONARY PERIOD MAY BE EXTENDED AN ADDITIONAL THIRTY (30) DAYS
OF WORK BY MUTUAL AGREEMENT OF THE COMPANY AND THE UNION.
(d) An employee covered by this Agreement shall lose his entire seniority if:
(1) He voluntarily quit;
(2) He is discharged for cause and not rehired within six (6) months
or reinstated;
(3) An employee's seniority shall be broken and his employment
terminated effective on date of his acceptance of Termination
benefits under the provisions of the Supplemental Unemployment
Benefit Plan Agreement;
(4) The employee is on layoff or disability for a period of three
years or 50% of his seniority attained at the start of such
absence, whichever is less.
(e) A leave of absence for the purpose of accepting a position with The
Cement, Lime, Gypsum and Allied Workers Division at the Local, district,
or international level, or the AFL-CIO or any of its subordinate bodies,
shall be available to not more than three (3) employees from each plant
at any one time. Applications for such leave shall be submitted to the
Company in writing thirty (30) days prior to the effective date of such
leave to permit proper provisions to be made to fill the job to be
vacated. Leaves of absence for this purpose shall be for an indefinite
period. During such leave, seniority shall accumulate. Group insurance
coverage shall be suspended after thirty (30) days of such leave.
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All insurance coverages will be reinstated upon returning to work with
the Company. Upon returning to work such employee will be reinstated on
his former job, providing it is still in existence; if not, he shall be
eligible to apply for any job within the bargaining unit by means of the
existing bidding procedure or by bumping.
(f) The Company shall attach to each Local Agreement a list of employee's
seniority dates in order of hiring and a list of the probationary
employees.
(g) Temporary summer employees may be employed by the Company from May 1st
through September 30th in order to facilitate filling of vacancies
caused by vacations during these months. Employment of summer employees
will be subject to the following conditions:
(1) No summer employee will be hired when any regular employee is on
layoff or drawing short workweek benefits.
(2) All summer employees will be required to join the Union under the
same terms and conditions as required in Article II, Sections (b)
and (d) of the Basic Agreement.
(3) All summer employees must sign an appropriate form which will
spell out the terms of their employment including but not limited
to an agreement to commence their employment on a specified date
and terminate their employment on a specified date. Such dates
must be in accordance with the time period specified in this
section.
(4) The term of employment will not be changed, altered or extended
unless mutually agreed to by both the Company and the Local Union
Committee.
(5) Summer employees shall not accumulate seniority nor be eligible
to bid on any new job or vacant job which may occur during their
terms of employment.
(6) A summer employee will not become eligible for a floating
holiday and will not have any vacation rights.
(7) Summer employees will not participate in the Company's pension,
S.U.B. and insurance programs.
The above will be in full force and effect, except that if any portion
is found to be contrary to any federal, state or local law, it shall be
changed to comply with said law.
ARTICLE IV
JOB SECURITY
(a) (1) Whenever the installation of mechanical equipment, change in
production methods, the installation of new or larger
equipment, the combining of jobs or the elimination
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of jobs, will have an effect on the job status of one or more
employees, the Company will give the Union reasonable advance
notice of same and, upon request by the Union, will promptly
meet with the Union to review and explore the effects of such
installation or installations or change or changes upon the
working force.
(2) Employees will not be terminated by the Company as the result of
mechanization, automation, change in production methods, the
installation of new or larger equipment, the combining of jobs or
the elimination of jobs.
(3) Whenever an employee is no longer needed on his regular job as a
result of circumstances described in (1) above, such employee may
apply for any job or jobs within the bargaining unit on which an
incumbent has less seniority, and for which he could reasonably
be expected to qualify within a ninety (90) day on-the-job
training period unless the employee applying for such job is
disqualified due to physical reasons.
The rate of pay for such employee shall not be less than
ninety-five percent (95%) of the rate for the regular job from
which he was displaced, irrespective of the rate of the job which
he applies for and obtains.
The ninety-five percent (95%) of rate protection shall apply for
a minimum period of one (1) year, or a period equal to one-third
(1/3) of an employee's seniority up to a maximum of two (2)
years. If the affected employee is tendered training for a job
which he could be reasonably expected to qualify for with a
ninety (90) day on-the-job training period and refuses, he will
not be entitled to any rate protection unless he has a bona fide
reason for refusing. If an employee on ninety-five (95%) percent
rate protection subsequently bids on and is awarded a lower rated
job, he shall lose his rate protection.
(4) Employees affected by the application of the foregoing procedures
shall have and may exercise the same rights for retention and
on-the-job training in accordance with their seniority status and
the ninety-five percent (95%) rate guarantee shall also be
applicable to them.
(5) Employees who do not apply for and/or obtain a job in accordance
with the provisions of (3), including employees displaced from
their jobs but whose seniority status does not permit them to
utilize job retention rights under the provisions of (3) or (4)
will be placed on layoff status with recall rights in line with
their seniority status for job vacancies which may thereafter
occur.
(6) The provisions of (3) of this Section do not apply to
displacements or layoffs resulting from production curtailments,
except that employees laid off and not recalled when production
is resumed following curtailment will be entitled to the same
rights as employees affected by the preceding (3).
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(7) Should the Company permanently shutdown the present facilities
affording employment to the employees comprising the bargaining
unit (the present facilities shall be deemed to have been
permanently shutdown if all productive facilities are abandoned
even though the shipping facilities continue to operate), the
Company shall mail a notice informing each affected employee that
his employment with the Company has been terminated because of
the permanent shutdown. The notice shall be mailed at least
ninety (90) days prior to the shutdown to the employee's last
address on the Company's records. Each employee who is mailed
said notice shall have the following options:
A. An employee who is not eligible for a normal (excluding thirty
(30) year retirement pension) or late retirement pension may
elect to transfer to another operation of the Company covered by
a collective bargaining agreement with the Union in accordance
with paragraph 8 or paragraph 9.
Any transfer pursuant to paragraph 8 or 9 will occur not later
than three (3) years after the last day the employee worked. An
employee awaiting transfer shall be placed on layoff and shall
receive S.U.B. Layoff or reduced layoff benefit provided the
eligibility and other requirements of the S.U.B. Plan are met. An
employee may void his election to transfer at any time during the
three (3) year period. If the employee is eligible for an
immediate pension at the time he voids his election to transfer,
he shall retire, effective the date he voids his election, under
the pension plan in effect at the time of the permanent shutdown.
An employee may also void his election in order to apply for
S.U.B. Termination benefits.
B. An employee who is eligible for an immediate pension at the date
of the permanent shutdown shall retire as of the effective date
of the permanent shutdown, except
1. An employee whose combined age and years of service equal
62 or more but less than 65 may elect layoff until his
combined age and years of service equal 65 at which time
the employee shall retire and receive a permanent shutdown
pension. The pension plan in effect at the time of the
permanent shutdown shall determine the retirement benefits
payable to the employee. An employee who elects layoff
under these conditions shall receive S.U.B. Layoff or
reduced layoff benefits provided the eligibility and other
requirements of the S.U.B. Plan are met.
2. An employee who is eligible for an immediate pension other
than a normal or late retirement pension and who elects to
transfer to another operation of the Company shall not
retire unless the transfer is not accomplished.
3. An employee shall not be required to retire under a
disability retirement pension earlier than he would
otherwise be required to retire if the Company had not
permanently shut down the facilities.
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An employee who retires under the Pension Plan may also be
entitled to receive S.U.B. Terminations benefits in accordance
with the terms of the S.U.B. Plan.
C. The employee may elect S.U.B. Termination Benefits in accordance
with the terms of the S.U.B. Plan at any time within one (1) year
after notice of termination has been mailed to him.
An employee other than an employee who is eligible for an
immediate pension may elect layoff prior to submitting his
application for S.U.B. Termination Benefits and shall receive
S.U.B. Layoff or reduced layoff benefits provided the eligibility
and other requirements of the S.U.B. Plan are met.
D. If the facilities which have been permanently shut down are
reopened by the Company within three (3) years of the date of the
permanent shutdown, an employee who has retired under the Pension
Plan shall be eligible for recall in accordance with his
seniority status at the time of the permanent shutdown. An
employee who has elected S.U.B. Termination benefits shall also
be eligible for recall in accordance with his seniority status at
the time of the permanent shutdown. Any pensioner who has
received S.U.B. Termination benefits and accepts recall and any
former employee who has received S.U.B. Termination benefits and
accepts recall shall repay said Termination benefits to the
S.U.B. Trust Fund or to the Company, whichever was the source of
the Termination benefits, in accordance with the S.U.B. Plan
Agreement. Any employee who accepts recall shall have his
previously accumulated seniority rights, pension, S.U.B.,
insurance and vacation credits as of the last day the employee
worked or at the date of permanent shutdown, whichever occurs
later, reinstated on the date he returns to work.
E. An employee who is not eligible for an immediate pension may
elect layoff and shall receive S.U.B. Layoff or reduced layoff
benefits provided the eligibility and other requirements of the
S.U.B. Plan are met.
The employment rights of any employee on layoff shall terminate
three (3) years after the last day the employee worked and the
employee's seniority shall be broken.
F. An employee's participation in the group insurance program shall
terminate effective the day following the last day the employee
worked and pending claims shall be processed in accordance with
the terms of the existing group insurance program. No employee
shall be eligible for holiday pay or vacation pay other than
vacation pay due after the last day the employee worked or the
date of the permanent shutdown, whichever occurs later. No
employee shall accumulate credited service under the pension plan
after the last day the employee worked or the date of the
permanent shutdown, whichever occurs later.
(G) THE COMPANY WILL ESTABLISH A 401(K) PLAN TO BEGIN AUGUST 1, 1998
WITH EMPLOYEE CONTRIBUTIONS UP TO 4% TO BE MATCHED 50% BY THE
COMPANY. BEGINNING MAY 1,
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2000, EMPLOYEE CONTRIBUTIONS UP TO 5% TO BE MATCHED 50% BY THE
COMPANY, AND MAY 1, 2002 EMPLOYEE CONTRIBUTIONS UP TO 6% TO BE
MATCHED 50% BY THE COMPANY.
(8) In the event the Company constructs a new plant that will affect
the employment status of employees in the Company's plant or
plants comprising a bargaining unit, such employees shall be
given an opportunity to make application for employment in the
new plant before it starts operation, and such employees shall be
given preferential employment right for the highest rated job the
employee is capable of performing. Such an employee shall
transfer with him all of his previously accumulated pension,
S.U.B., insurance and vacation credits. His seniority rights at
the former plant shall terminate upon his establishment of
seniority rights in the new plant.
(9) When an employee has been laid off or displaced because of
permanent changes in the working force or because of a plant
closing, he may make written application within fifteen (15) days
of layoff or displacement for employment in another plant of the
Company, and he shall be given preferential employment rights for
job openings at such other plant, providing such employee is
capable of performing the job that may be available at such other
plant of the Company. Any employee so transferring from one plant
to another of the Company shall retain his previously accumulated
pension, S.U.B., insurance and vacation credits. His seniority
rights at the former plant shall terminate upon his establishment
of seniority rights in the plant to which he transferred.
(10) Employees transferring from one plant to another as provided in
(a) (7), (8) and (9) of this Article will receive a moving
expense allowance. The Company will reimburse each employee for
actual moving expenses incurred to move furniture and other
household goods up to a maximum of $1,000 per employee.
(b) When a production curtailment or a plant shutdown causes a reduction in
personnel in a department or throughout the plant, a senior employee
whose regular job is not required shall have the option of accepting
available work for which he is qualified or accepting layoff. A Senior
employee who elects to accept available work shall be entitled to:
(1) Bump any junior employee whose job was previously held by the
senior employee on a permanent basis for a sufficient period of
time to demonstrate his ability to satisfactorily perform the job
as it is constituted at the time of the production curtailment or
plant shutdown. The senior employee must attempt to bump into a
job that he previously held in the reverse order of his
promotions. In other words, he must first attempt to bump into
the job he held immediately prior to his present job, except each
employee may select one job that he had previously held on a
permanent basis or is qualified to perform immediately, and for
purposes of this section only, consider it to be the job he held
immediately prior to his present job. Each employee
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may make such selection and this selection shall be updated
effective on May 1, of each contract year at the employee's
discretion.
If the above procedure would result in an employee becoming a
part of the labor crew, he may exercise his bumping rights set
forth in (2) prior to entering the labor crew.
(2) An employee can bump a junior employee on a plant-wide basis
except for any maintenance job, any laboratory job, or those in
the control room operator classification, provided he is
qualified to perform the job immediately.
Employees who hold utility or vacation-relief jobs where the
employee actually works on several different jobs on a scheduled
basis shall be considered as having held those classifications on
a permanent basis for purposes of this section (b).
Any junior employee who is displaced by a senior employee shall
have the same rights as the senior employee set forth herein.
After the bumping is completed, the Company has the right to
require a senior employee to perform available work during the
curtailment or shutdown if there is no junior employee with the
necessary qualifications to perform the work.
A plant shutdown is defined as a period during which none of the
clinker burning units are producing.
The wage rate paid during a production curtailment shall be the
wage rate of the job performed. An employee who works on two or
more jobs in one day shall be paid in accordance with Article V
(j) (2).
During periods of plant shutdowns when employees are needed for
maintenance, repairs or work on plant alterations, the wage rate
paid to employees who are retained for work during the first
forty-five (45) days of plant shutdown shall not be less than the
employee's regular straight time wage rate nominally paid when
the plant is producing. After forty-five (45) days, the wage rate
paid shall be the wage rate of the job performed. An employee who
works on two or more jobs in one day shall be paid in accordance
with Article V (j) (2).
The ninety-five (95%) percent rate protection is not applicable
to any bumping under this procedure.
(c) When the Company determines that additional jobs are required during or
following a production curtailment or a plant shutdown in order to
maintain or increase the work force, the manner in which the reduction
of forces took place pursuant to Article IV, Section (b) will be
reversed.
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In the event that during a production curtailment or a plant shutdown an
employee bids for and is awarded another job, he shall lose all rights
pertaining to the job the employee previously held.
Sections (b) and (c) of Article IV shall not add to, subtract from, or
otherwise modify any maintenance training agreement by and between the
Company and the International and/or Local Unions negotiated before or
after the effective date of this Basic Agreement.
(d) The Company agrees to post a notice at least one week in advance of an
intended shutdown. Whenever a layoff is planned because of a change or
reduction in plant production requirements, the Company will, not less
than seven (7) calendar days prior to the effective date of the layoff,
post a bulletin stating the expected extent of such layoff, and the
expected effect on the work force. In the event the required notice is
not given in accordance with the above, the Company will pay the laid
off employee(s) the scheduled time lost at the applicable straight-time
hourly rate. The seven (7) calendar day period shall commence on the
completion of the third shift following the day in which the notice was
posted. The foregoing does not apply to disciplinary layoffs and layoffs
because of curtailment made necessary by disaster or emergency
conditions affecting the ability of the Company to physically operate
the plant.
(e) Company personnel excluded from the bargaining unit shall not regularly
perform bargaining unit work except temporarily in an emergency; for
training or instruction purposes, for testing, diagnosis, analysis or
when necessary to prevent disruption of the flow of operations or when
necessary to meet the interest of efficient operations.
Should a Company person excluded from the bargaining unit violate this
commitment the Company will be required to pay to the effected worker or
workers double time (his or their) regular straight time hourly rate for
anytime worked by person not included in the bargaining unit, with a
minimum of four (4) hours pay. If there is no affected worker, the
penalty for such work shall be paid to the worker lowest in overtime in
the classification and/or department.
(f) Any employee who becomes incapacitated and on the basis of competent
medical opinion cannot perform the cubes of his/her regular job may
exercise his/her plant seniority through the bumping procedure to move
to any position within the bargaining unit at the plant for which he/she
could qualify within a reasonable period of time but not to exceed 90
days. This in no way affects the bidding right of the employee.
(g) Any employee who is displaced by an incapacitated employee pursuant to
paragraph (f) of this section, may exercise his/her plant seniority to
bump into another position within the bargaining unit at the plant for
which he/she is qualified in the same manner as covered in the job
bidding procedure. The 95% rate protection is not applicable to bumping
under paragraphs (f) and (g).
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(h) All vacancies and new jobs created shall be posted no later than the
eighth day following the date the vacancy occurred or the new job was
created. Said vacancies and new jobs shall be posted for seven (7) days
to allow any employee to make application in writing for such job. The
Company will consider every application in terms of:
(1) Seniority
(2) The applicant's skill and ability and physical fitness measured
against the requirements of the job.
Where two or more applicants' qualifications in (2) are
relatively the same, seniority shall govern.
If an employee proves unsatisfactory, he shall be reinstated to
his previous job.
An employee who bids for and is awarded a job, excluding any
employee who is disqualified subsequent to the award, may not bid
any job in the same or lower bracket for six (6) months from the
date he was awarded his new job without the consent of the
Company; except that an employee may bid from an operating job to
a maintenance job or a laboratory job, from a maintenance job to
an operating job or a laboratory job, or from a laboratory job to
an operating job or a maintenance job even though the employee is
bidding a job in the same or lower bracket within six (6) months.
This Section does not require the Company to award a job to any
applicant if no applicants are qualified to perform the work.
The Company has the right to assign any employee to fill a new
job or to fill a vacancy until the job has been awarded.
The Company will meet with the Local Union Committee to explain
its decision when the Company awards a job to a junior applicant.
Any senior applicant shall have the right to challenge the
Company's award by filing a grievance in a timely manner. Any
employee reinstated to his previous job shall have the right to
challenge his disqualification by filing a grievance in a timely
manner.
(3) Once a job has been awarded, the Company will make every effort
to place the successful bidder on the job as soon as possible,
but within thirty (30) calendar days from the date of the job
award. Should the Company fail to place the successful applicant
on the job in the 30 day period, the applicant shall receive the
rate of pay for the new job commencing with the 31st day, until
such time as he is placed on the new job. At that time, he will
be paid in accordance with this Basic Agreement, Local
Supplemental Agreement, or plant practice, whichever is
applicable.
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This shall not apply if the delay beyond thirty (30) days is
caused by multiple bidding to fill the original vacancy.
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ARTICLE V
WORKING CONDITIONS
(a) Eight (8) hours shall be the regular workday and forty (40) hours shall
be the regular work week. The workday shall commence with the beginning
of the morning shift and workweek shall commence with beginning of the
morning shift on Sunday (Monday at Clinchfield, Georgia).
(b) Work schedules for each workweek will be posted on Thursday of the
previous week prior to the end of the first shift. If an employee's
work schedule is changed after the end of the first shift of the
preceding Thursday he shall be compensated by multiplying the regular
straight-time hourly wage rate by one-half (0.5) hr the first eight (8)
hours worked in his new schedule and the premium shall be paid in
addition to whatever compensation the employee is otherwise entitled to
receive under any other Section of this Agreement. An employee's work
schedule is changed and the premium is paid when the employee is
required by a schedule posted after the first shift on the previous
Thursday to work hours in place of the hours the employee was required
to work by the schedule posted prior to the end of the first shift on
the previous Thursday.
If an employee's work schedule is not posted on Thursday of the previous
week prior to the end of the first shift as provided above, the first
eight (8) hours worked the following week shall be considered
out-of-schedule and will be paid accordingly.
(c) All hours worked and all hours paid shall be compensated by multiplying
the regular straight-time hourly rate by one (1.0) unless expressly
provided otherwise.
(d) Hours worked in excess of eight (8) hours in the workday and forty (40)
hours in the workweek shall be paid for at the applicable overtime rate.
(e) THE ABOVE NAMED PARTIES HAVE AGREED THAT AN ADDITIONAL 1/2 TIME PREMIUM
WILL BE PAID TO EMPLOYEES WORKING IN SITUATIONS DESCRIBED IN THE BASIC
AGREEMENT I.E., ALL HOURS WORKED IN THE KILN AND CLINKER COOLER BAG
HOUSE.
(f) Rates of Pay - Overtime:
(1) The applicable overtime rate shall be time and one half (1.5) the
regular straight time hourly wage rate except on a Sunday or a
holiday in which case the applicable overtime rate shall be:
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Sunday
A. Straight-Time
1. Up to eight (8) hours 1-1/2X
2. Over eight (8) hours and up
to twelve (12) hours 2X
3. Over twelve (12) hours 2-1/2X
B. Overtime and Callouts*
1. Eight (8) hours or less 2X
2. Over eight (8) hours and up
to 12 hours 2-12X
3. Over twelve (12) hours 3X
Holiday
A. Straight-time
1. Up to eight (8) hours 2-1/2X
2. Over eight (8) hours and up
to twelve (12) hours 3X
B. Overtime and Callouts*
1. For all hours worked 3X
(2)* In the event an employee works more than twelve (12) hours in the
workday, he shall be paid for all hours worked in excess of such
twelve (12) hours at double the regular straight time hourly
rate.
After an employee has been engaged in work for twelve (12)
consecutive hours, he shall be paid for all consecutive hours
worked immediately succeeding and in excess of such twelve (12)
hours at double the regular straight time hourly rate.
* If an employee is being paid the rate of double time under the
foregoing paragraphs, his rate of pay shall not be reduced when
his work continues into or overlaps his regular shift. However,
the Company may exercise either of the following options:
A. The Company may instruct the employee to continue to the end of
the shift at the double time rate, or
B. The Company may send the employee home at any time during the
shift, provided the remainder of the shift is paid for at
straight time, subject to a maximum payment of four (4) hours at
straight time. Such employee cannot be called back to work until
he has been off duty for eight (8) consecutive hours.
In no event shall the first two provisions of the Section be
applied to the same hours of work. The provision which creates
the highest earnings shall be applied.
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(3) Callouts and Off-days: In case an employee is called for work
during any hour in the day or week in addition to his regular
schedule he shall receive a minimum of four (4) hours' pay for
such work at the applicable overtime rate. However, if he is
notified before the end of his regular shift to report early, it
shall not be considered a callout. Callout hours and off-day
hours are overtime hours. All Sunday callouts to be paid a
minimum of four (4) hours at the applicable Sunday rate.
(4) Lunch period interrupted by work assignments: One-half (1/2) hour
at the applicable overtime rate shall be paid for any scheduled
lunch period interrupted by a work assignment and either prior or
subsequent to the regular lunch period, reasonable time for lunch
shall be granted with pay for same at the employee's regular
rate.
(5)* If an employee actually works seven consecutive workdays in the
plant workweek, regardless of the number of hours worked on any
workday, the employee shall be compensated by multiplying the
regular straight-time hourly rate by one (1) for each and every
hour worked during the seventh consecutive workday, and this
premium shall be paid in addition to whatever compensation the
employee is otherwise entitled to receive under any other Section
of this Article.
(f) Overtime paid on a daily basis shall not be duplicated on a weekly basis.
(g) If an employee does not work a regularly scheduled workday through
action of the Company, excused absence or because of a holiday, that day
shall be considered as actually a day worked for all overtime purposes.
(h) Limitations Upon Overtime:
(1) Every reasonable effort will be made by the Company to avoid
requesting any employee to work overtime and the Company will
consider under the circumstances involved any reasonable excuse
from an employee for not working the overtime. Whenever an
employee is laid off due to lack of work or because of
curtailment of operations, no overtime work shall be scheduled on
any work which the laid-off employee is capable of doing and is
able to perform, except in cases of emergency repair or
unscheduled absences of other employees. The foregoing to the
contrary notwithstanding, a laid-off employee will not be called
back to work unless there is at least thirty-two (32) hours work
in the workweek for such employee.
(2) Overtime in the various job classifications shall be equally
divided as defined by the Local Agreement insofar as it is
practical to do so. Any employee who is contacted and cannot work
the overtime including callouts will be charged with the number
of hours actually worked or paid, whichever is greater or
according to the Local Agreement. Overtime worked or charged
shall be posted weekly in each department by the ▇▇▇▇▇▇▇.
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(3) Employees who are called upon to work overtime shall not be laid
off during their regular work time for the purpose of equalizing
said overtime.
(4) The Company will continue its practice of allowing a fifteen
minute paid wash-up time on continuous overtime beyond the end of
his shift. In addition, the Company will continue its practice of
paying overtime in fifteen (15) minute increments.
(5) A. Any employee who has not been notified of his overtime
assignment at least twelve (12) hours prior to the
commencement of the overtime assignment and who works more
than ten (10) consecutive hours, shall be provided with a
hot lunch which shall be eaten at the end of said ten (10)
consecutive hours, or as soon as practical thereafter but no
later than 30 minutes after the ten hours. Any employee who
works in excess of fourteen (14) consecutive hours shall be
provided with an additional lunch, and lunches will be
furnished at the end of every four (4) consecutive hours
worked thereafter.
B. Any employee who is called out and works more than four (4)
consecutive hours shall be provided with a hot lunch which
shall be eaten at the end of said four (4) consecutive hours.
In addition, said employee shall be provided with a hot lunch
every four (4) consecutive hours worked thereafter.
There shall be no duplication of hot lunches under provisions A
and B above. The employees shall be given reasonable time to eat
his lunch without loss of pay.
(6) THE COMPANY AGREES THAT THE ALLOWANCE FOR OVERTIME MEALS WILL BE
INCREASED TO $6.00 EFFECTIVE MAY 1, 1998, TO $6.50 EFFECTIVE MAY
1, 2000 AND TO $7.00 EFFECTIVE MAY 1, 2002.
(6) The purpose and intent of this Agreement is to refrain from
working an employee beyond sixteen (16) consecutive hours
excluding lunch periods. The Company agrees that they will not
work any employee beyond sixteen (16) consecutive hours excluding
lunch periods unless no other classified employee is available to
do the work.
However, in the event that a vacancy occurs that would require a
classified employee to work more than sixteen (16) consecutive
hours, the Company will fill that vacancy with another classified
employee who has primary overtime rights, an employee with
secondary overtime rights, or other qualified employee in the
stated order.
This Agreement does not absolve an employee from the requirement
to stay on the job until properly relieved. However, the Company
is required to make a diligent effort to provide a relief at the
end of the sixteen (16) hour period. The Company will not use the
eight (8) hour rest clause as an excuse to require an employee to
continue working after sixteen (16) hours.
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(i) Eight Consecutive Hour Rest Premium *
(1) An Employee should receive at least eight (8) consecutive hours
off work within the fourteen (14) consecutive hours immediately
preceding the start of his next scheduled shift. In the event an
employee does not receive eight (8) consecutive hours off work
within the fourteen (14) consecutive hours immediately preceding
the start of his next scheduled shift, the Company shall exercise
one of the following options:
A. Instruct the employee to report late for his next scheduled
shift by the number of hours his longest consecutive off-duty
period falls below eight (8) hours and pay the employee the
appropriate straight-time rate for those hours not worked
between the starting time of his scheduled shift and the time
he reports to work in accordance with the Company's
instructions. The appropriate straight time rate on the
workday Sunday shall be one and one-half (1.5) and on a
recognized holiday, two (2.0).
B. Instruct the employee to work at the starting time of his
scheduled shift. The employee shall receive a premium for
those hours worked which, if added to his longest consecutive
off-duty period, equal eight (8) hours. The premium shall be
determined by multiplying the regular straight-time hourly
rate by one (1). The premium shall be in addition to whatever
compensation the employee is otherwise entitled to receive
under any other Section of this Article.
(2) If an employee does not receive at least eight (8) consecutive
hours off work within the fourteen (14) consecutive hours
immediately preceding the start of callout hours worked on an
off-day (provided that any of the callout hours worked occur
within the hours the employee would have otherwise been scheduled
to work had the employee not been scheduled off), the employee
shall receive a premium for those hours worked which, if added to
his longest consecutive off-duty period, equal eight (8) hours.
The premium shall be determined by multiplying the regular
straight time hourly rate by one (1). The premium shall be in
addition to whatever compensation the employee is otherwise
entitled to receive under any other section of this Article.
(j) Wage Rate - Transfer and Assignments
(1) Employees temporarily transferred shall be paid the regular
straight time hourly rate of the job being performed or the
regular straight time hourly rate of his regular job, whichever
is greater.
(2) An employee regularly scheduled to work on two or more jobs
having different wage rates shall receive the highest rate for
the entire week. If a job is regularly scheduled to be performed
each week at least one workday in the workweek, the employee
filling that job shall receive the highest wage rate for the
entire week. An employee who is scheduled to work five workdays
during the workweek on a job or jobs having a higher straight
time hourly wage rate or wage rates than the employee's regular
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straight time hourly rate, shall be paid at the higher straight
time hourly wage rate for the entire week. An employee who works
on two or more jobs in one day shall receive the highest wage
rate for only the time worked on the higher rated job. However,
should the employee work on a higher rated job(s) for four (4) or
more hours in the workday he will receive the higher rate of pay
for the entire day. The term "entire week" used in this section
shall mean the 168 consecutive hours beginning at 7:00 a.m. on
Sunday and ending at 7:00 a.m. on Sunday. The term "entire day"
used in this Section shall mean the 24 consecutive hours
beginning at 7:00 a.m. and ending the following day.
The 168 consecutive hours mentioned above shall begin at 7:00
a.m. Monday and ending at 7:00 a.m. Monday, at ▇▇▇▇▇ ▇▇▇,
▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇.
(3) The Company shall have the right to utilize employees to perform
any job; provided, however, overtime and callouts in any
classification shall be offered to the available classified
employees in that classification before other employees are
assigned such work. See Attachment "B" for Letter of
Understanding concerning transfers.
(k) Sunday Work
All hours worked by an employee on Sunday which are not paid for on a
premium and/or overtime basis shall be paid at the rate of one and
one-half (1-1/2) times the regular straight time hourly rate exclusive
of shift differentials. There shall be no duplication or pyramiding of
premium pay and/or overtime under this provision.
(l) Reporting Pay
Any employee who is required to report for work shall be given at least
four (4) hours pay at the regular straight time hourly rate, and shall
receive full pay for all time thereafter that he is required to remain
on the premises ready for work. Any employee put to work on his regular
working day shall receive full day's pay at the regular straight time
hourly rate.
(m) Funeral Leave
An employee, upon the notification of the death of his or her father,
mother, spouse, son, daughter, brother, sister, stepfather, stepmother,
stepson, stepdaughter, half sister, half brother, mother-in-law,
father-in-law, brother-in-law, sister-in-law, grandchild, grandparent,
or spouse's grandparent, shall be granted his or her next three (3)
scheduled working days off with pay (four (4) days off with pay if the
employee is required to travel beyond a radius of 500 miles). Payment by
the Company for such time lost shall be on the basis of eight (8) hours
per day at the employee's regular straight time hourly rate, including
shift differential.
As used herein, brother-in-law is defined to mean (1) the brother of
one's husband or wife, (2) the husband of one's sister, (3) the husband
of the sister of one's spouse, and sister-in-
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law is defined to mean (1) the sister of one's husband or wife, (2) the
wife of one's brother, (3) the wife of the brother of one's spouse.
The above clause shall not apply to an employee who is laid off, except
when an employee is notified to return to work effective on or before
the day of the funeral he shall be granted full funeral leave with pay.
The Company will notify a local union official of a death of an
employee's relative as defined above as soon as the Company has been
advised by the employee.
The foregoing to the contrary notwithstanding, no bereavement payment
will be made unless the employee attends the funeral nor will payment be
made if there are more than fourteen calendar days between the date of
death and the next scheduled workday.
(n) Jury Duty
Any regular employee (as distinguished from a probationary employee
required to perform jury duty on a day he is scheduled to work, shall be
excused from work on that day. The Company shall pay the employee the
difference between the amount received for such jury duty and eight (8)
hours at his regular rate of pay plus shift differential if involved.
The day or days paid for such jury service shall be counted as eight (8)
hours worked for the purpose of computing weekly overtime.
(o) Shift Changes
A shift employee may clock in up to 30 minutes prior to the actual
starting time of his shift and relieve the employee that he is to
replace. When properly relieved within this 30 minute period, the
employee being relieved may clock out and leave the plant.
Under such circumstances the pay received by the relieving and relieved
employees shall be computed as though both employees had clocked in and
out at the actual shift change time.
(p) The Company agrees to resolve problems with employee parking at the
Charlevoix Plant (and Clinchfield Plant).
(p) Wash Time and Rest Breaks
(1) An employee who does not receive a paid lunch period shall dock
out prior to the regular quitting time for his shift. However, he
shall be permitted to leave his place of work 15 minutes prior to
the regular quitting for his shift to wash provided that the
employee is not required to work overtime. An employee does not
receive 15 minutes away from the job to wash because he has been
required by the Company to work up to but not after the regular
quitting time for his shift, shall be compensated
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for lost wash time by multiplying his regular straight time
hourly rate by fifteen minutes (.25 hour). If the employee uses
additional time to clean following the regular quitting time for
his shift, he shall be paid as though he had clocked out at the
regular quitting time.
(2) An employee who does not receive a paid lunch period and who is
required to work overtime after the regular quitting time for his
shift shall clock out no more than 15 minutes after he leaves his
place of work. This shall not apply to an employee on call out.
(3) An employee who does not receive a paid lunch period will be
allowed a 15 minute rest break away from his job during the first
four hours of his regular shift. Break times shall be determined
by the employee's ▇▇▇▇▇▇▇ and the efficient operation of the
plant shall be controlling. The 15 minute break shall be strictly
construed to be the total time away from the job. Should any
employee regularly be denied a break, he may file a grievance in
a timely manner.
(4) The Company is not required to grant any employee who does
receive a paid lunch period any wash-up time and any rest break.
Furthermore, said employee shall eat his lunch "on-the-job" so
that there is no interruption of operations.
(q) Any other provisions of this labor agreement to the contrary not
withstanding, no employee shall receive pay for any hour worked or
unworked which singly or in any combination, exceeds triple his regular
straight time hourly rate.
ARTICLE VI
VACATIONS WITH PAY
(a) Any employee who works during at least thirteen (13) weeks in either
each calendar year or each anniversary year, as defined in the Local
Agreements, shall be granted a vacation off work without loss of pay,
according to the following schedule:
(b) All employees who have completed one or more anniversary years of
service but less than five (5) years of service will be entitled to two
(2) weeks of vacation, provided they meet all other requirements of this
Article.
Employees who have completed five (5) or more anniversary years of
service but less than fifteen (15) years of service will be entitled to
three (3) weeks of vacation, provided they meet all other requirements
of this Article.
Employees who have completed fifteen (15) or more anniversary year of
service, but less than twenty-five (25) years of service, will be
entitled to four (4) weeks of vacation, provided they meet all other
requirements of this Article.
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Employees who have completed twenty-five (25) or more anniversary years
of service will be entitled to five (5) weeks of vacation, provided they
meet all other requirements of this Article.
Article VI (b) above to the contrary notwithstanding, no employee (who
meets all the other requirements of this Article Vl) shall be entitled
any fewer weeks of vacation than he was entitled to take in 1984.
(c) Vacation pay will be based on a forty (40) hour week at the rate of the
permanently assigned classification on which an employee is working at
the time he takes his vacation. If an employee has held a single higher
rated classification for more than six (6) months during the year
preceding his vacation, he will receive vacation pay computed at the
higher rate. Vacation pay shall include appropriate shift differential
for those on fixed shift. Employees working on rotating shifts shall be
paid an average of the rates for the rotating shifts involved.
(d) Vacations will not be cumulative, but so far as practicable, be granted
at times most desired by the employees, but the final right to allotment
of vacation period is exclusively reserved to the Company in order to
insure the orderly operation of the plant. In exercising its right to
allot vacation periods, the Company will not require any employee who is
on layoff to take his vacation during periods of plant shutdown or
curtailment of operation. Where requested vacation periods conflict,
preference shall be given to the older employee in point of service.
(e) It is further agreed that if any employees have previously selected
their vacation period so that it occurs during an unforeseen shutdown
such vacation period shall not be changed.
Vacation shall be taken by the employee within the calendar year in
which it is granted as determined by the Local Agreements.
(f) No employee will be required and/or requested to work during his seven
day vacation period. The only exception will be when a classification
has two or fewer employees, no qualified personnel are available except
the employee on vacation, and an emergency situation exists. In that
event an employee on vacation may be requested to work.
(g) The rules governing the submission of appropriate vacation application
blanks shall be defined by the Local Agreement.
(h) Upon two weeks written notice by an employee to the Personnel Clerk, the
Company will give him his vacation pay on the employee's last shift
prior to the beginning of his vacation.
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ARTICLE VII
HOLIDAYS
(a) The Company will grant eleven (11) paid holidays; these holidays shall
be listed in each Local Agreement.
(b) If any such holiday falls on Sunday, the following Monday shall be the
recognized holiday. The holiday hours shall be those hours within the 24
hour period commencing with the beginning of the first shift on the
morning of the holiday and ending at the beginning of the first shift
the following day.
(c) Employees who are scheduled to work on a holiday shall be paid two
and one-half (2.5) times the regular straight time hourly rate.
(d) Hours worked on a holiday in excess of eight (8) in a workday, in excess
of forty (40) in a workweek, on off-days, and on callouts shall be paid
for at the applicable overtime rate.
(e) If no work is required of an employee on the above holidays, he will
receive eight (8) hours pay at the regular straight time hourly rate,
provided he meets the following qualifications.
(1) The employee shall have been employed by the Company for at least
thirty (30) calendar days prior to the holiday.
(2) The employee shall have worked his last scheduled working day
prior to and his next scheduled working day after such holiday
unless excused therefrom by the Plant Manager on account of
sickness, accident, death in the family, or other excused
absence. In no event shall a holiday be paid for unless employee
has also worked during the thirty (30) day period immediately
preceding or immediately following the holiday except that the
thirty (30) day limitation shall not apply if the employee was
temporarily absent from work because of sickness, accident or
layoff. In any event, the employee must work at least one day in
the calendar year in which the holiday is granted.
(f) If an employee is scheduled to work on a holiday and fails to work, he
shall not receive holiday pay, unless excused therefrom by the Plant
Manager.
(g) If an employee works on a holiday, the holiday shall be counted as a day
worked for computing weekly overtime. Paid holiday is to count as a day
worked for overtime purposes, provided holiday falls on one of
employee's scheduled workdays and he would have worked that day except
for holiday observance.
(h) An employee not scheduled to work the holiday and who subsequently
performs work on a holiday will be considered as being on callout and
will be paid eight (8) hours at the regular
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straight time hourly rate in addition to two (2) times the regular
straight time hourly rate for all time worked with a minimum of four (4)
hours at double time.*
(i) Work schedules for each workweek which include a holiday will be posted
prior to the end of the first shift on Thursday of the previous week. If
an employee is scheduled to work on a holiday, but then instructed by
the Company not to work, he shall receive for that holiday eight (8)
hours pay at two and one-half (2.5) times the regular straight time
hourly rate.
(j) The phrase "regular straight time hourly rate" as used solely in Article
Vll, Holidays, shall mean the higher of either the employee's regular
straight time hourly rate or to the highest straight time hourly rate
for a job on which the employee works at least eight (8) consecutive
hours in the workweek in which the holiday falls provided (1) that the
eight hours had been previously scheduled or (2) the hours are worked
the day before or the day after the holiday whether previously scheduled
or not.
ARTICLE VIII
WAGES
(a) Considered a part of the Local Agreements are the current Job
Classifications and Rate Lists.
(b) (1) Scheduled shift workers on the first shift shall receive the
regular straight time hourly rate.
(2) Scheduled shift workers on the second shift shall receive the
regular straight time hourly rate plus 52(CENT) PER hour.
(3) Scheduled shift workers on the third shift shall receive the
regular straight time hourly rate plus 75(CENT)PER Hour.
(4) These premium rates do not apply to day workers even though they
may work over into premium paid shift.
(5) If a day worker is scheduled to take the place of a regular
scheduled shift worker, then the premium rate for the shift shall
apply.
(6) The premium pay does not alter the provisions covered in this
contract under the head of "Working Conditions".
(c) Shift differentials shall be included as part of the regular rate in the
calculation of overtime compensation.
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(d) The Company may at its discretion increase wages in any class or to an
individual in any class without necessitating a change in the rate of
any individual or class.
(e) Any job not mentioned in this Agreement or any job with substantial
changes in duties, equipment or requirements, or any new job created in
the plant, shall be open for negotiations by the Company and the Union
as to wages upon written notice from either party to the other party. If
no agreement can be reached during the above negotiations, the matter
shall be subject to the grievance procedure.
ARTICLE IX
HANDLING OF COMPLAINTS
(a) All employees shall at all times make an effort to perform their duties
in such a manner as to promote safe and efficient operation of their
department and the plant as a whole.
(1) Should a difference arise between an employee and the Company as
to the meaning and application of this Agreement or should a
difference arise as to the meaning and application of a
recognized practice, the employee with or without his ▇▇▇▇▇▇▇
shall present his complaint to his ▇▇▇▇▇▇▇ within ten (10)
working days after the date of the alleged wrong or within ten
(10) working days after the date the employee received his
payroll check, whichever is later. Failure by the employee and/or
the Union to observe this time limit shall cause the grievance to
be considered settled in favor of the Company.
(2) The ▇▇▇▇▇▇▇ shall orally reply to the employee within five (5)
working days after the date the employee presented his complaint
in Section (1). Failure by the Company to observe this time limit
shall cause the grievance to be considered settled in favor of
the employee.
(3) If the employee is not satisfied with the ▇▇▇▇▇▇▇'▇ reply, the
employee may request his ▇▇▇▇▇▇▇ to present the grievance in
writing to the Union Grievance Committee. If the Union Grievance
Committee believes that the complaint is justified, it may submit
the complaint in writing to the Plant Manager within five (5)
working days of the date of the ▇▇▇▇▇▇▇'▇ reply in Section (2).
The Plant Manager shall schedule a meeting with the Union
Grievance Committee and any member or members of the staff that
the Plant Manager desires to have present. This meeting shall
take place within fifteen (15) working days of the date the Union
Grievance Committee submits the grievance to the Plant Manager.
Failure to observe any time limit shall cause the grievance to be
considered settled in favor of the employee if the Company has
failed to observe the time limit or in favor of the Company if
the employee and/or the Union has failed to observe the time
limit.
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(4) The parties shall use their best efforts to settle the complaint.
If the parties agree upon the disposition of the grievance, they
shall reduce their understanding to writing and the grievance
shall be settled. If the parties are unable to agree, the Union
Grievance Committee may at the employee's request and within
thirty (30) days of the date of the meeting between the Plant
Manager and the Union Grievance Committee submit the grievance in
writing to the Director of Industrial Relations or his
representative with copies to the International Vice President or
District Council Representative and the Plant Manager. The
Director of Industrial Relations shall contact the International
Vice President or District Council Representative within seven
(7) days after receipt of the grievance to schedule a meeting.
The parties shall use their best efforts to schedule the meeting
within thirty (30) days. Failure to observe any time limit shall
cause the grievance to be considered settled in favor of the
employee if the Company has failed to observe the time limit or
in favor of the Company if the employee and/or the Union has
failed to observe the time limit.
(5) After full consideration, and such conference as may be mutually
agreed upon with an International or District Council
Representative of the Union, the grievance shall be considered
settled when the employee's and the Company's representative
shall have reached an agreement.
(6) If the parties are unable to settle the grievance, either party
can notify the other party in writing that it intends to submit
the grievance to arbitration. This notice must be given within
ten (10) days FROM THE RECEIPT OF THE WRITTEN RESPONSE FROM THE
COMPANY. The consent of the other party is not required to
arbitrate a grievance.
The foregoing to the contrary notwithstanding, either party may
exercise the following option:
For the purpose of expediting and facilitating the resolution of
a grievance which has been processed through step (5) of the
grievance procedure and which would otherwise be submitted to
arbitration, either the Company or the Union may elect to submit
said grievance to a panel which will consist of a Vice President
of the International Union or his representative and the Vice
President of Operations of the Company or his representative,
provided that no member of the panel can be a party to any
discussion of the grievance during an earlier step of the
grievance procedure. Each party can submit a maximum of five (5)
grievances to the panel during any calendar year. Only a
grievance about the interpretation of contract language in the
Basic or Local Agreement can be submitted to the panel. A party
electing to submit said grievance to the panel must notify the
panel and the other party within ten (10) days after a decision
has been made at step (5). The authority of said panel shall be
no greater than the authority of the arbitrator as set forth in
(d) of the grievance procedure. The panel shall meet at the Plant
where the grievance arose.
A maximum of two members of the Union Grievance Committee can
attend a panel meeting. The decision of the said panel shall be
final and binding upon the Company
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and the Union. In the event the Union representative on the panel
and the Company representative on the panel are unable to agree,
either the Union or the Company may elect to submit such
grievance to arbitration as provided in step (6) of the grievance
procedure. The party electing to arbitrate the grievance must
give notice to the other party within ten (10) days after the
Union representative on the panel and the Company representative
on the panel have jointly informed the parties that the panel is
unable to make a decision. Failure to observe any time limit
shall cause the grievance to be considered settled in favor of
the employee if the Company has failed to observe the time limit
or in favor of the Company if the employee and/or the Union has
failed to observe the time limit.
(b) If either party does not notify the other within ninety (90) days of the
notice of its intent in (a) (6) above, that it now wishes to mutually
select an arbitrator and schedule a hearing date, then the parties shall
consider the grievance to have been withdrawn by the moving party.
When the moving party notifies the other of its wish to mutually select
an arbitrator, the parties shall select an arbitrator within ten (10)
days. Failing to reach an agreement upon the selection of an arbitrator,
the moving party may request the appointment of an arbitrator by either
the Federal Mediation and Conciliation Service or the American
Arbitration Association.
Grievances heard by the arbitrator must be presented in chronological
order based on the date the grievances were written except in discharge
cases which may be presented out of chronological order or in cases
where the parties have mutually agreed in writing to waive the
chronological order requirement.
(c) All time limits set forth in (a) and (b) shall be strictly observed;
time limits can be extended by a written agreement between the parties.
Whenever the term "working days" occurs in the grievance procedure, it
shall be defined by the parties to mean plant work days, Monday through
Friday.
Whenever the term "days" is used in this section, it shall be defined by
the parties to mean calendar days.
(d) The arbitrator shall consider only the grievance appealed to him and
shall have jurisdiction and authority only to interpret, apply, or
determine compliance with the provisions of this Agreement, and only the
extent necessary to determine the grievance. The arbitrator shall not
have jurisdiction or authority to add to, modify, detract from, or alter
in any way the provisions of this Agreement.
(e) The arbitrator's decision shall, at the request of either party, be in
writing and shall be final and binding on both parties. The fees and
expenses of the arbitration proceeding, except fees for witnesses
brought in by either party and legal counsel's fees, shall be borne
equally
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by the Company and the Union. Bargaining unit employees including
Committeemen who participate in arbitration proceedings shall not be
compensated by the Company.
(f) Grievances involving the provisions of the collective bargaining
agreement and occurring so as to be processed to arbitration at the same
time will be at the request of either party arbitrated before the same
arbitrator. However, it is agreed that not more than four (4) cases will
be heard at one series of hearings.
(g) Local Union officers and stewards off-duty and representatives of the
International Union and District Council shall, upon notice to the
Company, be permitted on Company's premises to investigate grievances.
(h) Meetings will be conveniently scheduled so as to complete all business
within the normal working day for day employees. Any employee who is
scheduled to work during the hours the meeting is held and who attends
the meeting will be compensated by multiplying the regular straight time
hourly rate by the hours he attends the meeting. In addition, if the
employee attends the meeting beyond his normal quitting time, he will be
compensated for each additional hour he attends the meeting by
multiplying the regular straight time hourly rate by one (1) and said
additional hour or hours shall not count toward daily or weekly
overtime.
Any member of the Committee who is not scheduled to work during the
hours the meeting is held, who is not scheduled to work the third shift
immediately preceding the meeting, or who is not scheduled to work the
second shift immediately following the meeting, and who attends the
meeting, will be compensated by multiplying his regular straight time
hourly rate by all hours he attends the meeting. Any hours paid under
this paragraph shall not count toward the calculation of any penalty or
premium pay section of this Agreement including but not limited to daily
or weekly overtime. Any employee who is receiving S.U.B. benefits,
sickness and accident benefits, or Workmen's Compensation benefits for
the day of the meeting or who is absent due to disciplinary layoff shall
not receive any compensation under this paragraph.
When a meeting is scheduled at which a representative of the
International Union and a representative of the Company from Cleveland
will attend, any member of the committee who is scheduled work the third
shift immediately preceding the meeting will be excused from working the
third shift and will be compensated by multiplying eight (8) hours at
the regular straight time hourly rate plus shift differential if the
employee has attended the meeting.
Any member of the committee who is scheduled to work the second shift
immediately following the meeting will be excused from working the
second shift if the employee has attended the meeting for six (6) hours.
In the event the employee is excused from working the second shift, he
will be compensated by multiplying eight (8) hours at the regular
straight time hourly rate plus shift differential.
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(i) The Company will reimburse no more than two (2) members of the Union's
bargaining Committee from each Local Union for scheduled time lost due
to attendance at and travel to and from Basic Agreement Negotiations.
One day travel time shall be allowed the day before such meeting, and
one day travel time shall be allowed after such meeting. The rate of pay
will be the regular straight time hourly rate including Sunday premium,
if applicable.
(j) Disciplinary letters issued to employees will remain in the Company's
employee file for twelve (12) months. At the end of the twelve (12)
month period, the disciplinary letters will not be used against the
employee in the future for purposes of progressive discipline.
This provision shall not apply if the discipline letter refers to a
disciplinary suspension of one week or more.
(k) Where there is a discussion between an hourly employee and a supervisor
that is intended as a disciplinary measure, the Company requests that a
grievance committeeman, job ▇▇▇▇▇▇▇ or other designated employee be
present.
A "disciplinary measure" shall be limited to the issuing of a reprimand
or the imposition of a penalty to an employee about which a notation,
letter or unsatisfactory performance report is subsequently made part of
the employee's personnel file.
It shall be the responsibility of the Union to appoint and have
available on each shift a committeeman, job ▇▇▇▇▇▇▇ or other employee
designated for purposes of this section who shall be identified to the
Corporation in writing.
It is not the intent of this Section to expand the total number
committeemen as provided for in each Local Supplemental Agreement.
(l) DISCIPLINE OF ONE WEEK OR MORE WILL NOT BE USED AFTER FIVE YEARS.
(l) When a grievance involving pay is settled in favor of the Union, the
employee entitled to such pay shall be paid by the second pay following
the settlement.
ARTICLE X
STRIKES AND LOCKOUTS
(a) Having provided an orderly procedure for settling all disputes, the
Company agrees not to lock-out its employees and the Union agrees that
there will be no strikes or work stoppages during the term of this
Agreement.
(b) The Company agrees not to hold the Union liable when such activities are
not authorized by the Union, provided that the Union within forty eight
(48) hours orders its members to cease and desist from such activities.
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(c) It shall not be a violation of this Agreement or cause for disciplinary
action including discharge if an employee refuses to cross a picket line
that has been established in full compliance with existing laws. Picket
lines established as a result of jurisdictional disputes, picket lines
established for the purpose of organizing in-plant non-bargaining unit
personnel, and/or informational picket lines are excluded from this
protection.
Notwithstanding the above, employees will not honor any picket line
unless authorized by the International Union. The International Union
will not be held liable for any subsequent damage to the Corporation
resulting from refusal of employees to cross an authorized picket line.
ARTICLE XI
SAFETY
(a) The Company will, according to its established practice, continue to
install such safety devices for the protection of the lives and health
of its employees as are required by the Workmen's Compensation laws of
the State in which the plants covered by this Agreement are located. The
Company will maintain the washhouse with heat, light and plenty of hot
water, and keep the toilets, fixtures and floors in a sanitary
condition, and will supply good drinking water wherever necessary about
the plant. Sufficient equipment and tools shall be maintained in a safe
and efficient working order, and the regulations and safety codes
adopted by the Department of Labor of the applicable state, in the
interest of protecting the safety and health of industrial employees as
they affect this industry, be strictly observed by both parties.
(b) The Company agrees to furnish first aid and medical service to its
workers in any cases originating out of their work in the Company plant,
in compliance with the Workmen's Compensation laws of the applicable
state. Medical services shall be performed by a doctor to be agreed
upon by the Company and the plant safety committee, but at the request
of the injured, and the approval of the Plant Manager and Director of
Industrial Relations, other medical aid may be called in at the expense
of the Company for consultation or treatment of any cases. It is agreed
that a complete medical examination may be required before an applicant
is employed. Also, that complete medical examination may be made
annually or at any time at the discretion of the Company. Copies of such
reports and examinations will be kept on file by the Company and shall
at all times be available for inspection to such employees. Copies
thereof shall be furnished to such employee's designated physician upon
request.
(c) A Joint Safety and Health Committee shall be established consisting of
four members, two appointed by the Company and two appointed by the
Local Union. In the event that a member is absent from a meeting of the
Committee, his alternate may attend and when in attendance shall
exercise the duties of the member. The Safety Director or his designee
will be the fifth member and act as Chairman of the Committee.
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The Joint Committee shall meet as often as necessary, but not less than
once each month at a regularly scheduled time and place for the purpose
of jointly considering, inspecting, investigating and reviewing health
and safety conditions and practices and investigating accidents and for
the purpose of jointly and effectively making constructive
recommendations with respect thereto, including but not limited to the
implementation of corrective measures to eliminate unhealthy and unsafe
conditions and practices and to improve existing health and safety
conditions and practices. All matters considered and handled by the
Committee shall be reduced to writing, and joint minutes of all meetings
of the Committee shall be made and maintained. One union representative
to the Committee will accompany a Federal or State investigator on a
walk-around inspection or investigation, and will attend any pre-or
post-inspection conferences. All time spent in connection with the work
of the Committee by a Union Representative including all time spent in
pre-or post-inspection conferences and walk-around time spent in
relation to Federal and State inspections and investigations as provided
for above, shall be compensated at the employee's regular straight time
hourly rate. Any time spent during the hours the employee is scheduled
to work shall count toward the calculation of any penalty or premium pay
section of this Agreement including, but not limited to daily or weekly
overtime. Any time spent outside of the hours the employee is scheduled
to work shall not count toward the calculation of any penalty or premium
pay section of this Agreement. No time spent outside of the hours the
employee is scheduled to work shall be compensated at a rate greater
than one (1) times the employee's regular straight-time hourly rate.
Any employee who believes his job presents a hazard to his safety or
health may request an immediate review of his job by the Joint Safety
and Health Committee.
No employee shall be disciplined or discharged for refusing to work on a
job if his refusal is based on a bona fide claim that said job is not
safe or might unduly endanger his health or safety.
(d) (1) An employee shall be paid a premium when he is required to:
A. work within a kiln during the first ten (10) hours that the kiln
has been shutdown after it has been operating at a normal level;
B. work within a cooler during the first two (2) hours that the
cooler has been shut down after it has been operating at a normal
level;
C. work within a kiln precipitator during the first four (4) hours
following the shut down of the kiln providing the precipitator
was handling the kiln gases at the time of kiln shutdown;
D. work within a section of a kiln precipitator or a kiln baghouse
while the kiln is in operation and the other sections of the
baghouse or the precipitator are in use.
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The premium shall be calculated by multiplying the regular
straight time hourly rate by one-half (0.5) for each and every
hour worked up to the 10, 2, and 4 hours mentioned in A, B and C
above and for 1/2 the hours worked in D above. Said premium shall
be paid in addition to whatever compensation the employee is
otherwise entitled to receive under any other section of this
Agreement.
(2) Each Plant Safety Committee will meet to determine those areas of
the Plant where an employee is subject to excessive radiant heat
for extended periods of time. The Committee will consider all
conditions which affect the level of heat encountered including
ambient air temperature. Upon making said determination, the
Committee will decide what the Company shall provide as
reasonable protective apparel against excessive radiant heat.
(3) In the event that an employee is required to work on top of
roofs, silos, scale a quarry face or work in a silo under
conditions that are hazardous to an employee's safety, the hours
worked shall be compensated for by multiplying the regular
straight time hourly rate by one-half (0.5) for each and every
hour worked that is deemed hazardous, and this hazardous work
premium shall be paid in addition to whatever compensation the
employee is otherwise entitled to receive under any other section
of this Agreement.
(e) Should the Company require an employee to wear foot protection, the
Company will furnish such protection without cost to the employee. The
liability of the Company with regard to safety shoes will be limited to
not more than two (2) pair in any one year. A new pair of shoes will
only be provided an employee when the worn out pair is turned in for
replacement.
(f) If a mandatory eye protector program is adopted: (1) the Company will
pay for the cost of the eye examination if safety glasses with
corrective lenses are required; (2) the Company will pay for safety
glasses whether or not the glasses require corrective lenses. Safety
glasses with or without corrective lenses will not be replaced more than
once a year unless broken or otherwise damaged on the job.
(f) THE COMPANY AGREES TO ALLOW AN $80 REIMBURSEMENT FOR SAFETY SHOES
BEGINNING MAY 1, 1998. THIS ALLOWANCE IS TO BE INCREASED BY $2.50 ON THE
ANNIVERSARY DATE EACH YEAR OF THE AGREEMENT.
(g) The Company shall furnish all tools and equipment for its employees
except to repairmen and other skilled trades, in which case these
employees shall furnish their own hand tools. "Hand tools" as used
herein shall not include socket sets, wrenches more than twelve (12)
inches long, and all other specialized tools incident to the work of
the mechanical, maintenance and skilled trades. Any hand tool that the
employee uses in the performance of his job duties will be replaced by
the Company if they are broken, worn out, lost or stolen. Unusable tools
will be presented to the Company prior to replacement. Lost or stolen
tools must be immediately reported to the Company for replacement
approval.
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Employees temporarily transferred to maintenance classifications shall
be supplied with necessary tools.
(h) The Furnishing of Gloves: The Company will continue its existing local
practices regarding the furnishing of gloves.
Employees who are not presently receiving gloves under existing local
practices shall receive one pair of gloves at the beginning of each
contract year, and each such employee shall receive a maximum of one
additional pair per contract year from the Company upon return of his
worn out gloves.
In the event such an employee wears out and returns the two pairs of
gloves provided to him, the Company shall sell him an additional pair of
gloves for each worn out pair of Company provided gloves he returns.
Said gloves shall be sold to the employee at the price paid by the
Company.
(i) If the Company requires an employee to take a physical examination, the
Company agrees to pay for the physical examination and also agrees to
pay the employee at his straight time hourly rate for all time spent in
the doctor's office taking the physical examination; provided, however,
employees receiving S & A and/or Workmen's Compensation benefits are not
entitled to any compensation under this section. (Doctor releases for
returning to work are not considered physical examinations and will not
be paid under this section).
ARTICLE XII
MILITARY SERVICE
(a) The Company and the Union shall comply with the Universal Military
Training and Service Act of 1950, as amended.
(b) Active employees with one year seniority and who are in the Reserve of
any branch of the military service, including the National Guard, who
are required to attend a summer encampment as part of their Reserve
obligation shall receive from the Company the difference between the
amount of pay received for such encampment and his regular straight time
hourly rate of pay for up to a maximum of two (2) weeks per calendar
year.
ARTICLE XIII
SUPPLEMENTAL UNEMPLOYMENT BENEFIT PLAN
The Company agrees to pay out of its funds (and not out of the Trust Fund
established under Article III of the Plan) benefits in amounts equal to those
provided by Section 2 of Article VIII of the Plan upon termination of
employment on or after May 1, 1965, after an employee (as defined
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in Section 6, Article II of the Plan) is sixty-five years old, provided such
employee is not eligible for a pension under the current Pension Plan for
Hourly Employees of the Company.
The foregoing to the contrary notwithstanding, the above payment shall not be
paid directly by the Company until termination benefits paid from the Trust and
Contingent Funds exhaust those funds.
ARTICLE XIV
SUBCONTRACTING
(a) The Company will not contract for production or maintenance work
customarily performed by its own employees unless it is more economical,
expeditious, and/or efficient to do otherwise.
(b) The Company may enter into contract arrangements for obtaining raw
materials, semi-finished or finished products.
(c) Notwithstanding the above, the Company will not contract or subcontract
work covered by Paragraphs (a.) or (b.) above if it will directly result
in the 1) laying off of (or failure to recall qualified) bargaining unit
employees, or 2) the reduction of hours of bargaining unit employees
below 40 hours a week; or 3)
reduction of employees to a lower rated classification.
It is understood that layoffs attributable to such things as inventory
or production adjustments, changes in methods, processes or
technologies, and/or break downs or failure of equipment power failure
or any conditions beyond the control of the Company, are specifically
exempted from this commitment.
(d) Further, (a), (b) and (c) above does not apply to new construction or to
construction involved in major modification work.
(e) The Company agrees to notify the Local Union in writing with a copy to
the International or District Representative who services the Local
Union, sent by registered mail, at least fourteen (14) days in advance
if reasonably possible, and to meet with the Union, upon request by the
Union, for explanation of the reasons causing the Company to decide to
contract any production and maintenance work. The parties agree that
while notification is an important part of the working relationship
between the parties and should be adhered to in order to reduce the
number of disputes concerning sub-contracting the parties also recognize
and agree that this Section of the Contract does not require any penalty
when the Company fails to give proper written notice of its intention to
sub-contract.
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ARTICLE XV
MISCELLANEOUS
(a) The Company will enter into a Union label agreement for the Company's
packaged products.
(b) All basic, supplemental, pension, S.U.B. and insurance agreements will
be printed at the Company's expense and will bear the Union label. The
Company will provide each local with a supply of the booklets. The
Company will print all Agreement booklets in large and legible type.
(c) If the Union alleges that a Leadman or Temporary ▇▇▇▇▇▇▇ is exceeding or
abusing his authority or that his actions violate the Contract, the
Union may grieve their allegations directly to the Plant Manager. The
Company will notify the employees involved whenever a Leadman or
Temporary ▇▇▇▇▇▇▇ is being assigned.
ARTICLE XVI
TERM OF AGREEMENT
(a) This Agreement shall be binding upon the parties hereto, their
successors, administrators, executors and assigns. In the event of the
sale or lease by the Company of any of the plants covered by this
Agreement, or in the event the Company is taken over by sale, lease,
assignment, receivership or bankruptcy proceeding, such operations shall
continue to be subject to the terms and conditions of this Agreement for
the life thereof.
The Company will notify the Union immediately prior to any Company press
release concerning the intended sale or completed sale of a Plant.
The Company shall give notice of the existence of this Agreement to any
purchaser, lessee or assignee of said plant. Such notice shall be in
writing with a copy to the Union not later than the effective date of
the sale.
(b) After ratification by the members of the Local Unions this Agreement
shall become effective and remain in full force and effect and be
binding upon the parties hereto from the date ratification is certified
by the International Union to and including April 30, 1998, and it shall
continue in full force and effect thereafter from year to year until
either party on or before March 1st of any year, beginning March 1, 1998
gives written notice to the other party of its desire or intention
either to alter or modify or to terminate the same. If such notice is
given, the parties hereto shall begin negotiations not later than March
31st in such year and this Agreement shall continue in full force and
effect until completion and signing a new Agreement, provided, however,
that after such negotiations have continued without reaching an
agreement until May 1st in any year, then either party may terminate
this Agreement, at any time thereafter upon notice.
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(c) The written notice set forth in (b) above by either party shall contain
any changes or amendments desired, and only such changes or amendments
as are contained in the two written notices shall be discussed by the
conferees.
(d) The proposals and counter-proposals made by each party shall not be
used, or referred to, in any way during or in connection with the
arbitration of any grievance arising under the provisions of the
Agreement.
Ratification of this Basic Agreement and the Local Agreements was certified by
▇.▇. ▇▇▇▇. International Union Representative, on May 7. 1994.
FOR THE MEDUSA CEMENT COMPANY FOR THE UNITED CEMENT, LIME
(DIVISION OF MEDUSA CORPORATION) GYPSUM AND ALLIED WORKERS
DIVISION (Boilermakers Union)
----------------------------------- -----------------------------------
----------------------------------- -----------------------------------
----------------------------------- -----------------------------------
/98 /98
FOR THE CLINCHFIELD PLANT FOR LOCAL D-23
----------------------------------- -----------------------------------
----------------------------------- -----------------------------------
/98 /98
FOR THE CHARLEVOIX PLANT FOR LOCAL D-480
----------------------------------- -----------------------------------
----------------------------------- -----------------------------------
/98 /98
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August 5, 1987
Dear ▇▇. ▇▇▇▇▇▇▇:
Mr. August Clavier
THE CEMENT, LIME, GYPSUM AND
ALLIED WORKERS DIVISION
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇▇:
This letter will confirm that the Company has not entered into any secret
agreements with any sub-contractors for the purpose of making reductions in
employment at the plants nor does it have any plan to enter into any agreements
the effect of which would be in violation of the sub-contracting clause of the
labor agreement.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Corporate Director of
Labor Relations
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AGREEMENT BETWEEN
MEDUSA CEMENT COMPANY (Division of Medusa Corporation)
and
THE CEMENT, LIME, GYPSUM AND ALLIED WORKERS DIVISION
(INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP
BUILDERS, BLACKSMITHS, FORGERS AND HELPERS, AFL-CIO)
LOCAL NO. D480 - CHARLEVOIX, MICHIGAN
LOCAL SUPPLEMENTAL AGREEMENT
EFFECTIVE MAY 1, 1998 TO MAY 1, 2003
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LOCAL UNION NO. D480 - CHARLEVOIX, MICHIGAN
LOCAL SUPPLEMENTAL AGREEMENT
I Agreement and Purpose 1
II Union Recognition and Security 2
III Management 2
IV Seniority 2
V Employment and Promotion 3
VI Working Conditions 4
VII Vacations with Pay 5
VIII Holidays 7
IX ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇
▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇
▇▇ ▇▇▇▇ of Agreement 10
Job Classifications and Wage Rates 11
Local Agreements 24
Charlevoix Seniority List 27
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AGREEMENT BETWEEN
MEDUSA CEMENT COMPANY (Division of Medusa Corporation)
and
THE CEMENT, LIME, GYPSUM AND ALLIED WORKERS DIVISION
(International Brotherhood of Boilermakers, Iron Ship
Builders, Blacksmiths, Forgers and Helpers, AFL-CIO)
LOCAL UNION NO. D480 - CHARLEVOIX, MICHIGAN
LOCAL SUPPLEMENTAL AGREEMENT
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ARTICLE I
AGREEMENT AND PURPOSE
(B.A. Article 1)
(a) This Agreement is by and between the Medusa Cement Company, Division of
Medusa Corporation, hereinafter called the "Company" and the Cement,
Lime, Gypsum and Allied Workers Division No. 480 affiliated with the
Cement, Lime, Gypsum and Allied Workers Division (International
Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers
and Helpers, AFL-CIO) hereinafter called the "Union" and is supplemental
to and a part of the Basic Agreement dated May 1, 1998 by and between
the Company and the said Division.
(b) All Agreements reached between the Union and the Company shall be
reduced to writing and signed by the parties.
ARTICLE II
UNION RECOGNITION AND SECURITY
(B.A. Article II)
(a) The Company is willing at all times to meet its employees' committee and
representatives of the International Union for the purpose of discussing
wages, hours, and working conditions, with the object to reach a
satisfactory agreement.
(b) The committee shall consist of not more than five (5) and not less than
three (3) members.
(c) Union dues will be deducted as close as the system permits, from the
weekly paycheck after the first full week of the month for that given
month. The Personnel Clerk will cooperate with the Financial Secretary
of the Union if individual collection problems arise.
ARTICLE III
MANAGEMENT
(a) The Union agrees to recognize the Company's right to manage its plant
and direct its working force except as specifically limited by the terms
of this Agreement.
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ARTICLE IV
SENIORITY
(B.A. Article III)
(a) Any employee detained from work on account of sickness or for any other
good reason shall notify the Plant Manager or his ▇▇▇▇▇▇▇, before the
start of his shift. Any employees absenting themselves from work for
five (5) consecutive days without good and satisfactory reasons may be
discharged and dropped from the seniority list and payroll of the
Company. Repeated absence of less than five (5) days shall be subject to
a progressive disciplinary program, and the Local Union will receive
communications pertaining to each step disciplinary action within one
working day excluding Saturdays, Sundays, and holidays of any action
taken.
(b) Subject to the approval of the Company, employees requesting a leave of
absence in writing for personal reasons may be granted leaves of absence
not to exceed thirty (30) calendar days.
ARTICLE V
EMPLOYMENT AND PROMOTIONS
(a) When considering applicants for a vacant job pursuant to Article IV
Section (h) of the Basic Agreement, an employee who has previously held
and worked on a job permanently for one year or more in the THREE years
prior to the bid in question shall have preference over an employee who
has not previously held that bid job. When the Company elects to award a
job to an applicant who will require training to satisfactorily perform
the work, the employee to whom the job was awarded will receive the rate
of pay for the job he previously held or the rate of pay for the job he
was awarded, whichever is less. It is understood that when the Company
trains an employee, the employee in training will not work in place of
an employee whose job is the same as the employee in training. When an
employee's training is completed, the employee will be paid the rate of
the job he was awarded. This section does not apply to an employee who
bids for a maintenance job.
ARTICLE Vl
WORKING CONDITIONS
(B.A. Article V)
(a) In accordance with Article (V)(h)(2) of the Basic Agreement overtime in
the various job classifications will be reasonably equally divided among
the employees of the respective job classification insofar as it is
practical to do so.
(b) Temporary Job Vacancies: The Company shall not be required to fill
temporary job vacancies, whether scheduled or unscheduled, unless the
efficient operation of the plant requires that said temporary job
vacancies be filled.
(c) When the Company determines that a temporary vacancy, scheduled or
unscheduled, is to be filled by a laborer, the assignment will be made
in the best interest of the efficient
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operation of the Plant. In many instances, the company will offer the
senior laborer an upgrade to higher rated classifications and will
continue to do so depending on the circumstances, but not as a
contractual requirement. However, if the Union determines that a
repeated pattern and Practice of ignoring seniority on upgrades has
developed concerning a particular individual or group of individuals, it
may grieve such allegation directly to the Plant Manager.
If the Union determines that evidence indicates that the Company is
pre-training certain laborers so that employees are being
discriminatorily selected for a particular job opening, it may present
this allegation in the form of a grievance which will commence at the
third step of the grievance procedure.
Experience gained in a temporary job assigned or awarded in accordance
with this Section shall not be considered in the awarding of any job.
This Section does not alter or change the terms and provisions of
Section (b).
(d) The Normal schedule for day shift laboratory employees shall be 7:00
A.M. to 3:00 P.M. with a paid lunch period. This agreement does not
limit the Company's right to change schedules under the scheduling
clause.
(e) The Company is willing to post changes in an employee's schedule if it
changed after the Thursday posting. The parties recognize that this is
for information purposes only, there are no time requirements and that
no penalties are required if such posting does not take place.
(f) The Company will ensure that only properly trained individuals are
assigned to operate the Mobile Crane.
(g) Under normal circumstances, if the Company requires an employee in the
Quarry to go to the Plant to obtain parts or supplies, it will provide
transportation to and from the Plant.
ARTICLE VII
VACATIONS WITH PAY
(B.A. Article Vl)
(a) In accordance with Article Vl(a) of the Basic Agreement any employee who
works during at least thirteen (13) weeks in each calendar year shall be
granted vacation off work without loss of pay, according to the schedule
in Section (b) of Article Vl of the Basic Agreement.
(b) The Company shall submit appropriate application blanks to the employee
within the first week of the calendar year, and they are to be returned
to the Company within one month. In the event an employee fails to
return this form to the Company, then after this one month period, the
Company shall designate the employee's vacation period, and notify the
employee who fails to return this application to the Company and the
Union of the vacation period designated for the employee. All vacation
blanks received from employees or issued by the Company shall be
returned to the employees not later than the first week in March.
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(c) Any change in an employee's selected and designated vacation period
must be approved by the Company and the Union Committee.
(d) (1) Employees entitled to two (2) or more weeks of vacation may
be permitted to take such vacations in two (2) separate periods
of not less than one (1) week each. Seniority preference, however
can be exercised in only one (1) such vacation period.
(2) At the option of the employee, one week of his vacation may be
taken in single days, provided that he states his intentions when
selecting his vacation at the start of the calendar year.
When making the final selection of the single vacation days, the
employee shall give as much notice as possible but not less than
72 hours and request approval by the Plant Manager to take the
vacation days chosen. This request shall not be unreasonably
withheld.
If an employee's schedule is changed after the Thursday posting
as a result of another employee taking a vacation day one day at
a time, there shall be no schedule penalty paid to such employee.
(e) Vacations shall be taken within the calendar year in which it is granted.
(f) Employees who have one (1) or more years of service and who are
separated from service for any reason will receive vacation pay due them
on the following basis: One-twelfth (1/12) vacation credit for each one
hundred (100) hours worked in his current calendar year.
(g) In the event the employment of any such employee is terminated for any
reason, the Company shall pay to the employee, or to his beneficiary in
the event of his death, all vacation due.
(h) THE BALANCE OF AN EMPLOYEE'S SINGLE DAY VACATION WHICH IS NOT SCHEDULED
AND APPROVED BY SEPTEMBER 1 OF EACH YEAR WILL BE SCHEDULED BY MANAGEMENT.
46
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ARTICLE VIII
HOLIDAYS
(B.A. Article VII)
(a) New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day,
First Day of Michigan Deer Season, Thanksgiving Day, Christmas Day, and
three floating holidays are recognized as "Holidays".
(b) AN EMPLOYEE REGULARLY SCHEDULED ON A ROTATING SHIFT THAT HAS A HOLIDAY
OBSERVED DURING THEIR NORMAL WORK WEEK WOULD HAVE THE FOLLOWING OPTIONS:
A. THE EMPLOYEE COULD WORK THE HOLIDAY AND PRESENT CONTRACT LANGUAGE
WOULD APPLY.
B. THE EMPLOYEE WILL NOTIFY THE COMPANY ONE (1) WEEK PRIOR TO THE
HOLIDAY THAT HE ELECTS TO WORK THE HOLIDAY AS A " NON HOLIDAY " AT
THE APPROPRIATE RATE AS THOUGH IT WAS A REGULAR WORKDAY AND
RECEIVE AN ADDITIONAL FLOATING HOLIDAY.
THE ABOVE WOULD APPLY TO HOLIDAYS OCCURRING PRIOR TO SEPTEMBER 1ST
OF THE AFFECTED YEAR.
THE COMPANY WILL REVIEW THIS DURING THE FIRST TWO CALENDAR YEARS
OF THE CONTRACT AND NOTIFY THE UNION IF THIS PRACTICE WILL CONTINUE THE
REMAINDER OF THE CONTRACT TERM BY 31 DECEMBER 1999 OF THE SECOND YEAR.
ARTICLE IX
BULLETIN BOARDS
(a) The Company agrees to allow the proper officers of the Union who are
employees of the Charlevoix Plant of the Company to use one designated
section of the plant bulletin board for posting notices in the interest
of the Company and its employees.
ARTICLE X
MISCELLANEOUS
(B.A. Article XV)
(a) The Company will post a copy of the job description when a new job is
bid.
(b) As has been the practice, classified employees will be assigned to
assist servicemen engaged by the Company to work on Company-owned
equipment during regular or overtime hours whenever their services are
required. THE COMPANY WILL NOT BE REQUIRED TO ASSIGN CLASSIFIED
PERSONNEL TO ASSIST SERVICEMAN PERFORMING ROUTINE LUBRICANTS AND FLUIDS
SERVICE REQUIRED TO MAINTAIN WARRANTY CONDITIONS.
(c) The Company will meet with the Union Committee as soon as practical
after disciplinary action has been taken against an employee which
results in loss of pay to explain the reasons for the discipline given.
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Under certain circumstances the Company may notify the Union of such
action prior to the time action is actually taken.
(d) If an employee's paycheck is short in excess of $25.00, the Company ill
make up the shortage in cash or check prior to the completion of his
next scheduled shift (excluding weekends and holidays).
(e) In the event that an endloader is used to replace the shovel for the
purpose of digging and loading stone at the quarry face, the endloader
operator shall be paid the regular classified hourly rate of the shovel
operator. A man classified as a shovel operator may only operate a front
end loader when loading shot rock, shale or sand.
(f) If the Company requires an employee to work overtime without at least
one (1) day's notice, and the employee is unable to obtain
transportation to his house, the Company will provide transportation for
the employee.
(g) Mowing lawns with power-driven equipment: Service equipment operators
rate.
(h) Painters - Bracket 11 (painting walls, floors, etc., with brushes,
mixing, aesthetic qualities, etc. are important) and Bracket 8
(machinery and equipment, railings, steps, guards, etc. - using brushes
or spray guns - industrial painting). Does not limit right to contract
out work. Rate only.
(i) The Company will continue to supply protective leathers and coveralls
for the jobs it has in the past and make sure adequate quantities of
same are available for on the job use.
(j) An overtime list shall be posted weekly and shall include total hours
worked and refused. Call-out sheets will be posted each day, Monday
through Friday.
(k) The Company will initiate a program to provide specific training courses
for specific cement plant equipment. These programs will be reviewed by
the Maintenance Training Committee by August 15, 1978.
The Committee will meet thereafter as required to review progress of
trainees and course content.
The maintenance training program shall be modified to limit the number
of trainees to a maximum of forty percent (40%) in the electrical and
instrument areas.
When job openings occur such that the number of trainees would exceed
this percentage the job opening will be bid for qualified electrician or
instrumentman rather than for a trainee.
The maintenance training committee shall use their efforts to improve
the course content in these two areas to improve the skill and knowledge
levels.
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49
(l) The Company has purchased a 3-1/2 yard bucket endloader which will be
assigned to the Service Equipment Classification.
(m) Maintenance Training Committee shall meet at least once every month.
(n) For purposes of overtime distribution, when probationary employees are
added to a job classification they will enter the classification at the
highest number of overtime hours existing in the classification plus
one.
(o) It is understood by both the Union and the Company that the Director of
Industrial Relations will contact the payroll department of each plant
to make arrangements that will allow for S.U.B. payments to be made by
the end of the second week an employee is laid off. This arrangement
will be made within a six (6) week period following the ratification of
the 1975 contracts by the Local Unions.
It is further understood that any S.U.B. payments made in advance of
meeting the requirements of the existing S.U.B. agreement between
the parties will remain subject to Section 7, Recovery of Overpayments,
of the S.U.B. Agreement.
ARTICLE XI
TERM OF AGREEMENT
(B.A. Article XVI)
(a) This Agreement shall have the same effective date and term and is
subject to the same conditions and expiration provisions as the Basic
Agreement.
IN WITNESS WHEREOF, this Agreement between the parties has been executed
by their duly authorized representatives this __ day of May, 1998.
FOR THE MEDUSA CEMENT COMPANY FOR THE UNITED CEMENT, LIME
(DIVISION OF MEDUSA CORPORATION) GYPSUM AND ALLIED WORKERS
DIVISION (Boilermakers Union)
-------------------------------- ------------------------------------
-------------------------------- ------------------------------------
-------------------------------- ------------------------------------
98 98
FOR THE CHARLEVOIX PLANT FOR LOCAL D-480
------------------------------------- ------------------------------------
49
50
WAGE RATES - CHARLEVOIX PLANT
EFFECTIVE
---------
BRACKET JOB TITLE 05/01/98 05/01/99 05/01/00 05/01/01 05/01/02
------- --------- -------- -------- -------- -------- --------
1 Laborer (1) $13.99 $14.59 $15.14 $15.69 16.24
2 Janitor 16.16 16.76 17.31 17.86 18.41
3 - 16.31 16.91 17.46 18.01 18.56
4 - 16.46 17.06 17.61 18.16 18.71
5 - 16.61 17.21 17.76 18.31 18.86
6 - 16.76 17.36 17.91 18.46 19.01
7 - 16.91 17.51 18.06 18.61 19.16
8 - 17.06 17.66 18.21 18.76 19.31
9 - 17.21 17.81 18.36 18.91 19.46
10 - 17.36 17.96 18.51 19.06 19.61
11 ▇▇▇▇▇▇▇▇ 17.51 18.11 18.66 19.21 19.76
12 Lubeman 17.66 18.26 18.81 19.36 19.91
Repairman B
Mechanic B
Service Equipment Operator
Truck Driver - Quarry
Driller - Blaster
13 - 17.81 18.41 18.96 19.51 20.06
14 Mobile Crane Operator 17.96 18.56 19.11 19.66 20.21
Instrument B
Electrician B
Diesel Mechanic B
15 Machinist B 18.11 18.71 19.26 19.81 20.36
Cement Loader
16 Laboratory Technician 18.26 18.86 19.41 19.96 20.51
17 Repairman A 18.41 19.01 19.56 20.11 20.66
Combination Quarry Operator
▇▇▇▇▇
Mechanic A
18 - 18.56 19.16 19.71 20.26 20.81
19 Electrician A 18.71 19.31 19.86 20.41 20.96
Machinist A
Instrument A
Mechanic A - Deisel
Analytical Chemist
Physical Chemist
Utility Chemist
Shovel Operator
20 - 18.86 19.46 20.01 20.56 21.11
21 Control Room Operator 19.51 20.36 21.16 21.71 22.26
Shift Breaker
(1) Laborers hired after May 1, 1998 shall be paid in accordance with the
following schedule:
New Hire Rate $10.49 11.09 11.36 11.77 12.18
I 6 months after D.O.H. 11.19 11.67 12.11 12.55 12.99
II 1 year after D.O.H. 12.59 13.13 13.63 14.12 14.62
III 1-1/2 years after D.O.H. 13.99 14.59 15.14 15.69 16.24
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May 20, 1981
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The following understanding has been agreed to by the Company and the Local
Union:
PROCEDURE FOR OVERTIME-CHARGING OF REFUSAL
1. A weekly overtime list will be posted as a guide to equally divide
overtime in the respective job classifications.
2. Under normal circumstances all calls for callouts shall be verified by a
bargaining unit member.
3. Overtime will be charged as long as contact is made at the employees
home.
4. Refused overtime will be charged at 1 X's the time worked or paid,
whichever is greater. If an employee has no phone, he will be charged as
if refused. Grievance pay in regards to OT, ▇▇▇▇▇▇▇ working, etc., will
be charged as overtime worked.
5. Refused overtime is not to be charged when an employee is on vacation,
on sick & accident, workmen's compensation, on funeral leave, or leave
of absence.
6. Overtime refused once in a 24-hour period does not mean the employee has
refused all overtime for that period. Contacts or callouts will not be
made in less than four (4) hour intervals.
7. When an employee returns to work after being off on S & A or Workmen's
Comp., he shall have his overtime brought up to one (1) hour below the
lowest man in the classification. Leave of absence, etc.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
51
52
April 23, 1979
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
OVERTIME DISTRIBUTION FOR REFRACTORY REPAIR
POLICY AND GUIDELINES
PLANED SHUTDOWN OF KILN
Overtime to be distributed first among the following classifications:
Control Operator
Process Repair - Mobile Equipment Oper.
Laboratory Technician
Those regularly scheduled to work will work overtime if required. Those
scheduled off, will remain off, unless additional help is needed, in which case
the man with the lowest number of overtime hours in the above classifications
will be called first.
UNPLANNED (EMERGENCY) SHUTDOWN FOR BRICK REPAIR
Overtime divided first among the following classifications:
Control Operator
Process Repair- Mobile Equip. Oper.
Laboratory Technician
1. No overtime will be created for the purpose of equalizing overtime.
2. Unless specific circumstances require that additional hours be worked,
four hours overtime in addition to the regularly scheduled eight hours
shall be considered maximum, as well as eight hours overtime on an off
day.
This shall not constitute a guarantee for those hours.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
52
53
July 13, 1978
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The following understanding has been agreed to by the Company and the Local
Union.
FILLING VACANCIES ON SHIFT (applies to full 8 hour shift)
If low overtime individual in classification is on off day when vacancy occurs,
he will be offered the full 8 hour shift. If he refuses or if off individual is
not low overtime, then the shift will be split in 4 hour increments between
individuals on shift either side of the vacant shift.
No penalty payment is required if this procedure is not followed.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
53
54
August 28, 1980
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The following understanding has been agreed to by the Company and the Local
Union:
AGREEMENT CONCERNING DUTIES OF PROCESS REPAIR-MOBILE
EQUIP. OPERATOR
As part of their duties the Process Repair - Mobile Equipment Operators use
endloaders of 4 or more cubic yards capacity and other small mobile equipment.
The use of small endloaders is limited to the work necessary to provide access
to production machinery, the movement of materials necessary to keep production
machinery operating, and other uses related to their shift operations. Use of
small endloaders for general clean up and house keeping falls within the
Service Equipment Operators classification.
Operation of all other small equipment is limited to the use necessary to
perform their primary function of their job, i.e., such as the use of a fork
lift to handle brick.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
54
55
September 4, 1980
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The following understanding has been agreed to by the Company and the Local
Union.
This letter is written in conjunction with the combination of the PAR, PU, and
Endloader Operator jobs into one job title - Process Repair - Mobile Equipment
Operator.
The operation of the 50 ton quarry trucks by the Process Repair- Mobile
Equipment Operator will be limited to the handling of kiln dust. This includes
pugging, hauling and clean-up of this total area.
The scraper will be limited to Quarry Utility classification wherever it is
used.
The operation of endloaders involved in quarrying, stripping, road building and
land reclamation belongs to the quarry classifications.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
55
56
11/21/78 (Revised as to Job Title 8/29/80)
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The following understanding has been agreed to by the Company and the Local
Union:
MOBILE CRANE OPERATOR
The mobile crane (cherry picker) is operated by the repairmen, mechanics,
quarry utility, and Service Equipment Operator classifications.
Quarry Utility operation of the crane is limited to activities associated with
the quarry other than repair work.
When the crane is being used, and the repairman, mechanics or quarry utility
are working on overtime, and the overtime actually worked on the job exceeds 2
hours, the qualified Service Equipment Operators shall be offered the job of
operating the crane.
Operation of the crane, when not involved in the above procedures, shall be in
the Service Operators classification.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
56
57
May 18, 1976
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The following protection clause is still in effect:
"Employees who are classified as "day maintenance" personnel as of June
1, 1969, will not have their schedules changed to require them to work five (5)
days at straight time other than Monday through Friday, first shift, except
past practice in regard to a plant shutdown remains unchanged. The Company can
establish new jobs that historically have been "day maintenance" jobs, and
schedule these jobs to work days and shifts other than Monday through Friday,
first shift. However, the job held by an employee who is classified as "day
maintenance" as of June 1, 1969, cannot be eliminated until the job is vacated
by the employee.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relation & E.E.O.
57
58
May 18, 1979
▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
President, Local D480
UNITED CEMENT, LIME GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The following understanding has been agreed to by the Company and the Local
Union:
Floating holidays will be administered under the same guidelines as present
vacations. A senior employee may not bump a junior employee from his/her
selection once the selection has been approved.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
58
59
March 28, 1980
Mr. August Clavier
UNITED CEMENT, LIME, GYPSUM AND
ALLIED WORKERS INTERNATIONAL UNION
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇▇
This letter is to confirm the Company's position and action taken by the
parties at our meeting with Local 480 at our Charlevoix Plant on March 25,
1980.
GRIEVANCES SCHEDULED FOR ARBITRATION
GRIEVANCE #47-78 - When the Company determines that it is necessary to require
an employee or employees in a classification to work overtime, it will go to
the qualified employee lowest in overtime in the classification who has not
voluntarily accepted that overtime, who is present in the plant. If sufficient
▇▇▇▇▇▇▇ is not obtained at the Plant for the overtime required, the Company
will go to the employee lowest in overtime in the classification who is off, to
work the required overtime.
As circumstances permit, the Company will go outside the classification to
attempt to obtain another qualified employee before requiring an employee in
the classification to work overtime.
In the settlement of the grievance, the Company will reduce the three-day
disciplinary layoff to one day and the two applicable grievants will be paid
sixteen (16) hours at straight time.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇
Director of Labor Relations & E.E.O.
59
60
November 4, 1981
▇▇. ▇▇▇▇ ▇▇▇▇▇, Recording Sec'y.
United Cement, Lime & Gypsum
Workers International
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇▇▇:
Subject: Operating Shift Brkr. Overtime
Per our agreement at the Third Step meeting on 10-21-81 concerning Grievance
#59-81 and #66-81 the following:
The OPERATING SHIFT BREAKER will be included in both the Control Room Operator
classification and ▇▇▇▇▇ classification for overtime purposes. His overtime
total will be incorporated in both these classifications.
Very truly yours,
▇▇ ▇▇▇▇▇▇
Production Supt.
EP:s
cc: ▇. ▇▇▇▇▇
T. ▇▇▇▇▇▇
▇. ▇▇▇▇
K. Pack
▇. ▇▇▇▇▇▇▇
Shift ▇▇▇▇▇▇▇
File
60
61
MEMORANDUM OF UNDERSTANDING - 5/20/87
CHARLEVOIX PLANT
Should the Machinist classification be in a position where there is only one
person in the classification and he has not completed the Maintenance
Progression Program, and the Company determines another person should be added
to the classification, it will take the following steps:
1. It will post for a Machinist "A" and will review those who bid on the
job. If no one is qualified to fill the duties of a Machinist "A" then,
2. The Company may hire a Machinist "A" to fill the position.
The parties recognize that this is an exception to the current terms of the
Maintenance Progression Agreement and is without precedence for any future
situations in any other classification covered by that Agreement.
For Local D480, Cement, Lime, Gypsum
and Allied Division (International
Brotherhood of Boilermakers, Iron
For the Medusa Cement Ship Builders) BLACKSMITHS,
Company (Division of FORGERS AND HELPERS (AFL-CIO)
Medusa Corporation AFL-CIO)
-------------------------------- ------------------------------------
61
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CHARLEVOIX PLANT
NAME SENIORITY DATE
---- --------------
▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 6/12/66
▇▇▇ ▇▇▇▇▇▇▇ 6/5/67
▇▇▇▇ ▇▇▇▇▇, ▇▇. 6/12/67
▇▇▇▇ ▇▇▇▇▇▇ 7/24/67
▇▇▇▇ ▇▇▇▇▇ 7/24/67
▇▇▇▇ ▇▇▇▇▇▇▇▇ 7/24/67
▇▇▇▇▇▇ ▇▇▇▇▇▇ 7/25/67
▇▇▇▇▇ ▇▇▇▇ 7/31/67
▇▇▇▇▇▇ ▇▇▇▇▇▇ 8/7/67
▇▇▇▇▇▇ ▇▇▇▇ 8/7/67
▇▇▇▇▇▇ ▇▇▇▇▇▇ 8/28/67
▇▇▇▇▇▇ ▇▇▇▇▇▇ 9/5/67
▇▇ ▇▇▇▇▇▇▇ 9/7/67
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 9/10/67
▇▇▇▇ ▇▇▇▇▇ 9/28/67
▇▇▇ ▇▇▇▇▇▇ 12/4/67
▇▇▇▇▇ ▇▇▇▇▇▇ 12/11/67
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 5/27/68
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 7/22/68
▇▇▇▇ ▇▇▇▇▇▇ 8/26/68
▇▇▇▇ ▇▇▇▇ 9/30/68
▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 6/2/69
▇▇▇▇▇ ▇▇▇▇▇ 2/11/70
▇▇▇▇▇▇▇ ▇▇▇▇ 8/31/70
▇▇▇▇ ▇▇▇▇▇▇▇ 9/14/70
▇▇▇▇ ▇▇▇▇▇▇ 9/22/70
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 9/24/70
▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 4/12/71
▇▇▇▇▇ ▇▇▇▇ 6/17/71
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 11/16/71
▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ 5/25/72
▇▇▇ ▇▇▇▇▇ 7/10/73
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 10/8/73
▇▇▇▇▇▇▇ ▇▇▇▇▇ 11/19/73
▇▇▇▇▇▇▇ ▇▇▇▇▇ 11/19/73
▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 1/2/74
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 1/2/74
▇▇▇▇▇▇ ▇▇▇▇ 3/12/75
▇▇▇▇ ▇▇▇▇▇ 8/18/75
▇▇▇▇▇ ▇▇▇▇▇ 1/6/76
▇▇▇ ▇▇▇▇▇ 2/9/76
NAME SENIORITY DATE
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▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 9/14/76
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 8/22/77
▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 11/21/77
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 11/22/77
▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 2/12/79
▇▇▇▇▇ ▇▇▇▇▇▇▇ 2/19/79
▇▇▇▇▇ ▇▇▇▇▇▇▇ 2/19/79
▇▇▇▇▇▇ ▇▇▇▇▇▇ 2/19/79
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 2/19/79
▇▇▇▇▇▇▇ ▇▇▇▇▇ 5/7/79
▇▇▇▇▇ ▇▇▇▇▇ 5/8/79
▇▇▇▇▇ ▇▇▇▇▇▇ 5/8/79
▇▇▇ ▇▇▇▇▇▇▇▇▇ 5/8/79
▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 5/14/79
▇▇▇▇▇▇▇ ▇▇▇▇▇ 7/23/79
▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 7/23/79
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 7/30/79
▇▇▇▇ ▇▇▇▇▇▇ 7/30/79
▇▇▇▇▇▇ ▇▇▇▇ 9/17/79
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 9/17/79
▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 9/17/79
▇▇▇▇▇ ▇▇▇▇▇ 9/24/79
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 11/26/79
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 11/26/79
▇▇▇▇▇▇ ▇▇▇▇ 12/10/79
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 3/31/80
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 4/14/80
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 4/14/80
▇▇▇▇ ▇▇▇▇▇▇▇ 4/14/80
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 5/15/80
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 6/23/80
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 9/8/80
▇▇▇▇▇ ▇▇▇▇▇▇▇ 9/8/80
▇▇▇▇▇▇ ▇▇▇▇ 9/8/80
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 1/28/81
▇▇▇▇▇ ▇▇▇▇▇▇ 1/28/81
▇▇▇▇▇ ▇▇▇▇▇▇▇ 2/11/81
▇▇▇▇▇▇▇ ▇▇▇▇▇ 2/26/81
▇▇▇▇▇ ▇▇▇▇▇▇▇ 4/22/85
▇▇▇▇▇ ▇▇▇▇▇ 5/13/85
▇▇▇▇▇ ▇▇▇▇▇▇ 8/12/85
62
63
CHARLEVOIX PLANT
NAME SENIORITY DATE
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▇▇▇▇ ▇▇▇▇▇▇▇▇ 11/3/86
▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 1/26/87
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 2/23/87
▇▇▇▇▇ ▇▇▇▇ 9/21/87
▇▇▇▇▇ ▇▇▇▇▇▇▇ 7/25/88
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇. 3/13/89
Cash Clark 12/20/89
▇▇▇▇ ▇▇▇▇▇▇ 12/26/89
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 2/25/91
▇▇▇▇▇▇ ▇▇▇▇▇ 2/25/91
▇▇▇▇▇ ▇▇▇▇▇▇ 2/25/91
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 5/28/91
▇▇▇ Left 4/27/92
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 10/4/93
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 10/25/93
▇▇▇▇▇ ▇▇▇▇▇▇▇ 4/24/94
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 4/25/94
▇▇▇ ▇▇▇▇▇ 3/6/95
▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ 3/6/95
▇▇▇▇▇ ▇▇▇▇▇ 3/13/95
▇▇▇▇ ▇▇▇▇▇▇▇ 10/9/95
▇▇▇▇▇▇ ▇▇▇▇▇▇ 10/9/95
▇▇▇▇▇▇ ▇▇▇▇ 2/12/96
▇▇▇ ▇▇▇▇▇▇▇▇ 2/12/96
▇▇▇▇ ▇▇▇▇▇▇▇ 2/12/96
▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 3/11/96
▇▇▇▇ ▇▇▇▇▇ 11/18/96
▇▇▇▇ ▇▇▇▇▇▇▇▇ 11/18/96
▇▇▇▇▇ ▇▇▇▇▇▇▇ 11/3/97
▇▇▇▇▇ ▇▇▇▇ 11/3/97
▇▇▇ ▇▇▇▇▇▇ 1/26/98
▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 2/16/98
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 6/11/98
2