Contract Between Bristol Piping Systems and The United Association of Journeyman and Apprentices of the Plumbng and Pipe Fitting Indusstry of the United States and Canada Local No. 538 Dated February 16, 2009
Contract Between
Bristol Piping Systems
and
The United Association of Journeyman and
Apprentices
of the Plumbng and Pipe Fitting Indusstry
of the United States and Canada
Local No. 538
Dated February 16, 2009
PREAMBLE
This
Agreement dated February 16, 2009 is entered into by, between, and limited
solely to Bristol Piping Systems, (Employer) and the United Association of
Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the
United States and Canada Local Union No. 538 (Local Union 538). All
provisions of this agreement shall remain in full force and effect through
February 16, 2014 and at midnight on said date this contract shall
expire.
WITNESSETH
WHEREAS,
the Employer agrees that during the period of this collective bargaining
Agreement that those employees within the bargaining unit of Local Union 538 who
work for the Employer will do so on the basis of the wage scale and working
conditions which appear in this Agreement and are a part hereof.
NOW,
THEREFORE, for and in consideration of the mutual promises and agreements herein
contained the parties hereto agree as follows:
ARTICLE
I
DEFINITION OF
EMPLOYER
The term
“Employer” as used in the Agreement shall be deemed to include only Bristol
Piping Systems, 390 Bristol Metals Road, Bristol, and Tennessee which the
parties specifically recognize and acknowledge as a separate and distinct
“Employer”. “Employer” as used in the Agreement does not include nor
does this Agreement extend to Bristol Metals, LLC, or any parent, subsidiary,
affiliate or any other entity in any manner related to Bristol Piping
Systems.
1
ARTICLE
II
MANAGEMENT
RIGHTS
The
management of the Employer’s business, including, but not limited to, the
direction of the working force, the right to hire, to plan, direct, control and
schedule all operations (including the scheduling of the work force), the right
to establish quality standards or facilities is the sole and exclusive
prerogative and responsibility of the Employer as is the right to make and
enforce rules of operation and conduct. Except as expressly limited
in this Agreement, nothing contained herein shall be deemed to limit the
Employer in any way in this exercise of the regular and customary functions of
management.
ARTICLE
III
AUTHORIZATION OF
AGENTS
Section1: It
is stipulated and agreed that only the below named officers of the union, either
individually or collectively, are the authorized officers and agents of the
Union and shall be the only ones to be recognized by the Employer as being
authorized to act for or on behalf of the Union in any manner whatsoever under
the terms of this Agreement. The actions, declarations or conduct of
any person except those herein named, whether performance is made with respect
to the Union or not, shall not be considered to be the act of any officer or
agent of the Union, and shall not constitute any authorized act for and on
behalf of the Union, nor will the employees of the Union recognize these persons
as the Union’s officers or agents for that purpose, and their actions in that
respect shall not be binding upon the Union, nor shall they form the cause of or
basis of any liability of any nature whatsoever on the part of the
Union. The authorized officer is the Business Agent of Local Union
538, or his successor.
Section2: It
is further stipulated and agreed that the authority of an officer of the Union
to act for the Union, as stated above, may be revoked at any time, if a
registered letter to that effect, signed by the duly authorized Union officer
under the seal of the Union, is received by the Employer.
2
ARTICLE
IV
WORKING
RULES
The
working rules shall be those prescribed by the Union and agreed to by the
Employer as set forth in the Agreement.
ARTICLE
V
EMPLOYMENT
The
Business Agent of the Local Unit shall furnish the Company with all
employees.
1. Selection
of applicants for jobs shall be on a nondiscriminatory and qualification basis,
and shall not be based on, or in any way affected by, Union membership, by-laws,
rules, regulations, constitutional provisions, or other aspects or obligations
of Union membership, policy or requirements.
2. The
Employer retains the right to reject any applicants sent to it by the Union and
to recall any specific employee currently on lay-off if employed by the Company
any time in the preceding twelve (12) months.
3. The
parties to this Agreement agree to post in places where notices to employees or
applicants for employment are customarily posted, all provisions relating to the
functioning of this hiring arrangement, including a statement to the effect that
the furnishing of employees to the Employer by the Local Union in no way entails
the obligation to be a member of the Union.
4. The
designation of and determination of the number of foremen is the sole
responsibility of the Employer. The ▇▇▇▇▇▇▇ shall handle all duties
normally assigned a ▇▇▇▇▇▇▇ such as under the direction of management
supervising the work force covered under this agreement. The ▇▇▇▇▇▇▇
shall be permitted to handle tools and in such instances his duties are slow, he
shall be allowed to work with his tools.
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ARTICLE
VI
UNION
SECURITY
If the
laws of Tennessee are amended to permit union security provisions, the parties
will meet on thirty (30) days’ written notice to negotiate on the
subject.
ARTICLE
VII
HOURS OF WORK AND
OVERTIME
Section
1: The
normal workweek commences 12:01 a.m., Sunday and ends midnight the following
Saturday.
Section
2: The
Employer retains the right to schedule employees as needed, specifically
including the scheduling of shift work and/or the scheduling of four (4)
consecutive ten (10) hour days at straight time.
Section
3: Time
and one-half the regular base rate shall be paid for Saturdays and all hours
worked over eight (8) in one day, or ten (10) in one day if the posted work
schedule is 4 – 10’s in lieu of 5 – 8’s. Double the regular base rate
shall be paid for all hours worked over twelve (12) in one day. The
Employer will be solely responsible for scheduling all shifts.
Section
4: The
Employer retains the right to require overtime work.
Section
5: Sundays,
Christmas, Labor day, Fourth of July, Thanksgiving, Memorial Day, and New Year’s
Day shall be considered Holidays, and all work done on these days shall be done
at the rate of double time.
Section
6: Under
no circumstances will pyramiding or duplication of compensation by reason of any
overtime or premium pay provision of this Agreement be
permitted. Hours paid for but not worked shall not be counted as
hours worked in the computation of daily or weekly overtime.
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ARTICLE
VIII
RATES OF
PAY
Section
1: The
rates of pay for journeymen employed at the
stainless shop shall be as indicated on Attachment G.
Section
2: The
rates of pay for journeymen, apprentices, and
metal trades employed on carbon steel work shall be equal to 95% of pay
rate at stainless shop.
Section
3: The
wage scale for apprentices shall be
as indicated:
First Year . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . . . . 40% of journeyman pay
Second Year. . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . 50% of journeyman pay
Third Year. . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . . . 60% of journeyman pay
Fourth Year . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . . 70% of journeyman pay
Fifth Year . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . . . . 80% of journeyman pay
Section
4: The
wage scale for metal
trades shall be as indicated:
First Year First 160 Hours . . . . . .
.. . . . . . . . . . . . . 40% of journeyman pay
First Year After 160 Hours . . . 40% of
journeyman pay plus $1.00 per hour
After 1 Year But Less Than 6 Years . .
.. . . . . . . . . 55% of journeyman pay
Over 6 Years . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . . 65% of journeyman pay
For any metal trades worker
employed over 6 years, length of service
must be verified by the Union to the
satisfaction of the employer.
Section
5: Total
hourly compensation for journeymen employed on stainless steel shall be as
indicated on Attachment G.
Section
6: The
wage scale for ▇▇▇▇▇▇▇ shall be $1.25 per hour above that of journeyman
scale.
Section
7: The
wage scale for a General ▇▇▇▇▇▇▇ shall be $2.00 per hour above that of
journeyman scale.
Section
8: The
wage scale for a person assigned to perform Maintenance in the shop will be as
follows:
First Year . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . . . . 80% of journeyman pay
Second Year. . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . 80% of journeyman pay
Third Year. . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . . . 80% of journeyman pay
Fourth Year . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . . 85% of journeyman pay
5
Fifth Year . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . . . . 90% of journeyman pay
Sixth
Year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100% of
journeyman pay
For any
maintenance
worker, length of service performing maintenance
work must
be verified by the union to the satisfaction of the employer.
Section
9: The
wage scale for a metal trades journeyman certified to Level II and performing
NDE in the shop will be paid 55% of the building trades journeyman rate plus
$1.50 per hour.
Section
10: Any
change in rate as a result of moving up in classification will take effect the
first day of Bristol Piping Systems fiscal month following the change in
classification.
ARTICLE
IX
HEALTH AND WELFARE
FUND
Section
1: The
Employer agrees to contribute for all employees designated as eligible in this
Agreement to a Health and Welfare Trust Fund. The aforesaid
contribution shall be remitted on a monthly basis to the ▇▇▇▇▇▇▇ City Plumbers
and Pipefitters Local Union 538 Health and Welfare Trust Fund. The
contribution shall be as indicated on Attachment G.
Section
2: Eligible
employees to whom Health and Welfare payments shall be paid are all Journeymen,
Apprentices, and Metal Tradesmen covered by this Agreement; however, only those
Metal Tradesmen that have been employed over 2,080 hours by Bristol Piping
Systems will be eligible.
Section
3: The
contributions of the Employer to the Health and Welfare Fund shall be used
exclusively to provide Group Life Insurance, Accidental Death and Dismemberment
Insurance, Medical Expense Insurance and Temporary Disability Benefits employees
and their families, in such form and the amount as the Trustees of the Health
and Welfare Fund may determine and the organization and administration expenses
of the Health and Welfare Fund.
Section
4: Health
and Welfare contribution can be changed once annually (at the Contract
anniversary date); and total hourly compensation will not exceed the
total
hourly
compensation shown in Attachment G. Any changes in contribution will
▇▇▇▇
▇
effect
the first day of Bristol Piping Systems fiscal month following the receipt of
the 30-day notice.
Section
5: The
said Health and Welfare Fund shall be administered by an Agreement and
Declaration of Trust administered jointly by an equal number of Representatives
of the Employer and the Union which total number shall be four (4) and which
Agreement and Declaration of Trust shall conform to all requirements of
law. A copy of the said Agreement and Declaration of Trust, together
with any amendments thereto, shall be considered part of this Agreement as
though set forth here at length.
Section
6: Said
Health and Welfare payments shall be paid by the Employer by the 20th of
each month for the preceding month.
Section
7: The
Employer shall begin payments upon completion of all details by and upon
notification from the Trustees, retroactive to the effective date of this
Agreement.
ARTICLE
X
PLUMBERS AND PIPEFITTERS
NATIONAL PENSION FUND
The
undersigned Employer and Union agree that the Employer shall make pension
contributions to the National Pension Fund in accordance with the terms of this
agreement on behalf of those employees who are covered by the National Pension
Fund pursuant to the Collective Bargaining Agreement.
1. (a) Commencing
with the 16th day
of February, 2009, and for the duration of the current Collective Bargaining
Agreement between the said parties, and any renewals or extensions thereof, the
Employer agrees to make payments to the Plumbers and Pipefitters National
Pension Fund for each Employee who is covered by the Plan in each classification
listed below in accordance with the said Collective Bargaining Agreement, as
shown on Attachment G. Any classification of Employees who are
excluded from the Plan pursuant to good faith bargaining and for whom
contributions are not required by the collective bargaining agreement shall not
participate in the Plan. Persons in such excluded classifications
shall not be considered
“Employees”
for purposes of the Plan and this Standard Form of Participation
Agreement.
7
(b) The
Employer shall make the contributions set out in subparagraph 1 (a) for each
hour or portion thereof, for which an Employee is paid or entitled to payment
for performance of duties for the Employer. (Each overtime hour shall
be counted as one regular hour for which contributions are
payable.)
(c) Contributions
as set out in subparagraph 1(a) above shall be paid starting with the Employee’s
first day of employment in a job classification covered by the Collective
Bargaining Agreement.
(d) The
payments to the Pension Fund required above shall be made to the “Plumbers and
Pipefitters National Pension Fund” which was established under an Agreement and
Declaration of Trust, dated July 23, 1968 and restated December 13,
1978. The Employer, by signing this Standard Form of Participation
Agreement or by signing a Collective Bargaining Agreement providing for
participation in the Plumbers and Pipefitters National Pension Fund, agrees to
be bound by all of the terms and conditions of the Restated Agreement and
Declaration of Trust thereby ratifies, accepts and designates as its
representatives the Employer Trustees then serving as such and authorizes said
Employer Trustees to designate additional Employer Trustees and successor
Employer Trustees in accordance with the terms and conditions thereof and
authorizes the Trustees to adopt amendments to the Restated Agreement and
Declaration of Trust. The Employer hereby acknowledges receipt of a
copy of the Restated Agreement and Declaration of Trust in effect when this
Agreement is signed.
2. It
is agreed that the Pension Plan adopted by the Trustees of the said Pension Fund
shall at all times conform with the requirements of the Internal Revenue Code so
as to enable the Employer at all times to treat contributions to the Pension
Fund as a deduction for income tax purposes.
3. It
is agreed that all contributions shall be made at such time and in such manner
as the Trustees require, and the Trustees shall have the authority to retain an
accountant or accounting firm to perform payroll audits of the Employer to
determine whether the correct amount of contributions have been made or to
determine whether contributions have been made on behalf of all Employees
covered by the plan.
4. If
an Employer fails to make contributions to the Pension Fund within 20 days of
the end of the month during which the work was performed, the Union shall have
the
8
right to
take whatever steps are necessary to secure compliance, any provision of the
collective Bargaining Agreement to the contrary notwithstanding, and the
Employer shall be liable for all costs and expenses for collecting the payments
due, together with attorneys’ fees, interest on the unpaid contributions of 12%
per annum, and liquidated damages of 10% of the unpaid
contributions. The employer’s liability for payment hereunder shall
not be subject to the grievance of arbitration procedure or the “no-strike”
clause provided under the Collective Bargaining Agreement.
5. The
parties agree that this Participation Agreement shall be considered a part of
the Collective Bargaining Agreement between the undersigned
parties.
6. The
expiration date of the present Collective Bargaining Agreement between the
undersigned parties is the 16th day
of February, 2014. Copies of the collective Bargaining Agreement and
all renewal or extension agreements will be furnished promptly to the Pension
Fund Office and, if not consistent with this Participation Agreement, can be
used by the Trustees as the basis for termination of participation of the
Employer.
7. Pension
contribution can be changed once annually (at the Contract anniversary date);
and total hourly compensation will not exceed the total hourly compensation
shown in Attachment G. Any changes in contribution will take effect
the first day of Bristol Piping Systems fiscal month following the receipt of
the 30-day notice.
ARTICLE
XI
EDUCATIONAL TRUST
FUND
The
Employer and the Union do hereby agree to be bound by all the terms of the
Educational Trust Fund Agreement dated January 1, 1965, entitled “Agreement And
Declaration of Trust for the Development of Skills of Journeymen and Apprentices
in the Plumbing and Pipefitting Industry”. The Employer agrees to pay
and contribute to the Local Apprenticeship Training Fund the amount
indicated:
Effective
February 16, 2009, $ .31/hr. for each Journeyman, Apprentice and Metal
Tradesman. Educational contribution can be changed once annually (at
the Contract anniversary date); and total hourly compensation will not exceed
the total hourly
9
compensation
shown in Attachment G. Any changes in contribution will take effect
the first day of Bristol Piping Systems fiscal month following the receipt of
the 30-day notice.
ARTICLE
XII
SHOP
STEWARDS
Section
1: A
shop ▇▇▇▇▇▇▇ must be appointed by the Business Manager and the Business Manager
has the sole right to appoint the shop ▇▇▇▇▇▇▇.
Section
2: In
the event of a reduction in force, the shop ▇▇▇▇▇▇▇ shall be the last man laid
off, except the ▇▇▇▇▇▇▇ and/or superintendent, providing he is qualified to
perform the work available.
ARTICLE
XIII
BUILDING TRADES
APPRENTICES
There
shall be no limit as to the number of building trades apprentices employed in
the shop; however, the following ratios (journeymen to apprentices) shall not be
exceeded in the following areas of skill:
Fit-Up 5
to 2
Tacking for
Fit-Up 5
to 2
Welding 5
to 2
Fifth
year, second six (6) months’ apprentices will be considered as journeyman for
the purposes of calculating ratios.
ARTICLE
XIV
REPORTING AND CALL IN
PAY
Section
1: Any
employee within the bargaining unit of the Union reporting for work at the
regular starting time and for whom no work is provided, shall receive two hours
call in pay at
the prevailing rate of wages, unless he has been notified at the end of the last
preceding shift not to report to work.
10
Section
2: Any
employee who reports for work and for whom work is provided shall receive not
less than four hours pay. If four or more hours are worked in any one
day he shall receive pay for the number of hours he worked in excess of four
hour minimum unless the employee leaves work of his own accord. This
exception does not apply to the two hour reporting time.
ARTICLE
XV
SAFETY AND HEALTH
MEASURES
Section
1: Adequate
and proper equipment shall be furnished by the Employer for the protection of
the health and safety of all employees within the bargaining unit who are
employed by the Employer. Plant and Safety Rules (Attachments A &
B) shall be strictly adhered to by all employees and will be enforced by the
Employer.
Section
2: All
tools and equipment used by journeymen shall be furnished by the Employer,
including welding gloves and hoods, and other tools required for
welding. Further, each fit-up table will be assigned the hand tools
required to perform the work required (Attachment D). These hand
tools will be signed for by a fitter assigned to the table. This
employee shall be responsible for their safekeeping and care. Failure
of this responsibility by the employee shall result in the cost of the item
being deducted from his next paycheck up to a maximum of $50.00 in any 12 month
period. If tool loss becomes excessive, the Employer reserves the
right to renegotiate the maximum yearly amount.
Section
3: The
Employer and Local Union 538 agree to meet once a quarter, as a minimum, to
discuss safety and health measures and any other matters to the benefit of
both. The attendees representing Local Union 538 will be as such to
represent all departments in the shop.
ARTICLE
XVI
CODE OF BUSINESS CONDUCT AND
RELATED POLICIES
The Code
of Business Conduct of Synalloy Corporation (Attachment H) contains
the
11
specific
corporate polices adopted by the Board of Directors that relates to the legal
and ethical standards of conduct of employees and agents of the
Company. All employees are required to comply with the Code of
Business Conduct and sign the Certificate of Compliance.
ARTICLE
XVII
UA STANDARD FOR
EXCELLENCE
The UA
Standard for Excellence Policy (Attachment J) is a commitment to uphold the
highest industry standards in the workplace and ensure customer satisfaction.
The Employer and the Union agree to uphold these standards.
ARTICLE
XVIII
GRIEVANCE
PROCEDURE
All
disputes and controversies as to the meaning or interpretation of any provision
of this Agreement shall be treated as a grievance and disposed of in accordance
with the following steps:
1. The
aggrieved employee shall first discuss the grievance with the ▇▇▇▇▇▇▇ and Plant
Superintendent.
2. Failing
settlement at the first step within 72 hours of the presentation of the first
step, the ▇▇▇▇▇▇▇ shall attempt settlement with the Plant Manager.
3. Failing
settlement at the second step within 72 hours of the presentation of the second
step, the Business Representative of the Local and the Shop ▇▇▇▇▇▇▇ shall
attempt settlement with the Plant Manager.
4. In
the event a grievance shall not have been adjusted to the satisfaction of either
party through the steps of the above procedure, then arbitration may be invoked
within
fifteen
(15) calendar days from the determination of the third step by either
party
requesting
the Federal Mediation and Conciliation Service provided a panel of
arbitrators. Unless mutually agreed by the parties, the arbitrator
selected may hear only one (1) grievance. The arbitrator shall not be
empowered to rule contrary to, to amend,
12
to
add to, or eliminate any of the provisions of this Agreement. The
decision of the arbitrator shall be final. The expense incident to
the services of an arbitrator shall be paid equally by the Employer and Local
Union 538.
ARTICLE
XIX
NO STRIKE, NO
LOCKOUT
During
the life of this Agreement, there shall be no strikes, work stoppages, sympathy
strikes, slow downs or other impeding of work on the part of the Union and no
lockouts by the Employer.
ARTICLE
XX
SAVINGS CLAUSE AND
TERMINATION OF AGREEMENT
Section
1: The
parties to this Agreement in reaching a mutual understanding believe that they
have done so in full compliance with Federal, State and Local laws, but if any
provision of this Agreement or the application of any provision is invalid or in
violation of Federal, State, or Local laws, as determined by a court, board or
agency of competent jurisdiction, then such provision or the application of the
same shall be ineffectual, void and within application, however, the remainder
of this agreement shall not be affected thereby.
Section
2: This
Agreement shall be effective from February 16, 2009 until February 16, 2014 and
from year-to-year thereafter unless either party gives notice of its intent to
terminate or modify this Agreement no more than ninety (90) days nor less than
fifteen (15) days prior to February 15, 2014.
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| For: Local 538 | For Bristol Piping Systems |
| ________________________ | _______________________ |
| ▇▇▇▇▇ ▇▇▇▇▇▇▇ | ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ |
| ________________________ | _______________________ |
| ▇▇▇ Able | ▇▇▇▇ ▇▇▇▇▇▇▇ |
| _________________________ | _______________________ |
| ▇▇▇ ▇▇▇▇▇▇ | ▇▇▇ ▇▇▇▇▇ |
| Date:____________________ |
14
ATTACHMENT
A
PLANT
RULES
The
purpose of these rules is to define for everyone the level of conduct which is
expected of Bristol Piping Systems employees in their relationships with the
Employer as well as with their fellow employees, and to publicize such rules
widely so as to encourage individual self-discipline and thereby eliminate any
need for the imposition of penalties.
These
rules have been established to encourage efficiency and safety of operation in
our plant which, in turn, leads to the operation of a successful business
enterprise, which can furnish all of us a pleasant, rewarding and secure place
to earn a livelihood for ourselves and our families.
In
general, the prescribed discipline for violations of Plant Rules is corrective
and gives the employee ample opportunity to work within its framework; however,
violation of some rules under certain circumstances is considered so serious
that discharge is necessary.
GROUP
l
Violations
of the following rules will be considered cause for disciplinary action up to
and including discharge for the 1st
offense.
1. Possessing,
or having present within one’s body, or being under the influence of
intoxicating beverages or non-prescribed, controlled substances, including
drugs, while on the job or on Employer’s premises. Further, the
Employer may require employees to undergo appropriate related
tests. Attachment B, outlining the employer’s testing policy, is a
part of these Plant Rules.
2. Stealing
or attempting to steal property from any individual on Employer’s premises, or
stealing or attempting to steal property from the Employer.
3. Willful
ringing of the clock card of another employee, permitting someone else to ring
your clock card, or tampering with clock cards or clocks.
A1
4. Falsifying
information on time records, production counts, or other Employer
records.
5. Bodily
assault to any person on Employer’s property.
6. Repeated
or deliberate violation of Plant Rules.
7. Unauthorized
absence from the job during working hours or unauthorized absence from the
Company premises during working hours. Attendance Policy (Attachment
E) and Vacation and
Personal Days Policy (Attachment F) will apply.
8. Deliberate
abuse or destruction of Employer’s property.
9. Failure
to punch clock card at the beginning and end of the shift or failure to punch
out and in when leaving the Employer’s premises during an employee’s scheduled
shift hours.
10. Immoral
or indecent conduct.
11. Violation
of safety rules or common safety practices.
12. Refusal
to follow a ▇▇▇▇▇▇▇’▇ instructions. (An employee must always follow
the instructions give, Exception: Where immediate compliance would endanger his
life or limbs.)
13. Unauthorized
possession of concealed weapons on Employer’s premises at any time.
14. Threatening,
intimidating, coercing or interfering with employees or
supervision.
GROUP
II
Violation
of the following rules can be as serious as violations of rules in Group l;
however, some violations are considered less serious. Accordingly,
violations of these rules will be cause for disciplinary action as prescribed
below and will be dependent upon the serious of the offense.
1st
Offense – Verbal or written reprimand up to and including 2 weeks
lay-off.
2nd
Offense – Disciplinary lay-off up to and including discharge.
3rd
Offense – Discharge.
15. Misuse,
abuse or destruction of Employer’s property or any property on Employer’s
premises through negligence or carelessness.
16. Abusive
language to any employee or supervision.
A2
17. The
uttering or publishing of false, vicious or malicious statements concerning the
Employer or any employee of the Employer.
18. Smoking
in restricted areas, tobacco chewing and spitting in any area.
19. Chronic
absenteeism or chronic tardiness. (An employee is tardy when he is
not clocked in and at his work station when the shift starting signal is
sounded.) Attendance Policy (Attachment E) will apply.
20. Overstaying
vacation or leave of absence.
21. Garnishments.
22. Soliciting
of funds, signatures, chances, memberships or similar solicitations during
actual working time; the distribution of literature in the working areas of the
plant, or during actual working time.
23. Punching
in more than three (3) minutes before or punching out more than three (3)
minutes after an employee’s shift. Starting to work ahead of or
working after the end of an employee’s scheduled starting or quitting time,
unless ordered to do so by a supervisor. Employees must not enter the
plant at times other than their regularly scheduled shift hours without
permission of the Employer. (Check at the office.) Attendance Policy
(Attachment E) will apply.
25. Running,
scuffling, throwing articles, or horseplay of any kind on Employer’s
property.
26. Failure
to report occupational injury promptly to immediate supervisor.
27. Failure
to open for inspection on request when leaving premises anything capable of
concealing Employer’s property.
28. Entering
any department other than the one to which assigned without permission of your
departmental supervision and the supervision of the department you wish to enter
except when on Employer’s business.
29. Carelessness
or inattention to job duties resulting in faulty work, scrap or damage to
equipment.
30. Lining
up at the time clock in the department before the signal is sounded for lunch
period or prior to the signal at the end of the shift. Employees must
be at their work stations.
31. Wasting
time or loitering on any Employer property during working hours.
32. Abuse
of break periods.
A3
The above
rules cover the more common problems, which are likely to occur. The
published rules are not intended to be all inclusive. We feel it is
reasonable to expect the same standard of behavior in our work relationship in
the plant that is expected outside the plant in any other phase of community
life.
The
Employer shall, as it becomes necessary, publish additional rules or change the
above rules. When it becomes necessary to publish additional rules or
change the published rules, such rules will be discussed with the Business Agent
and/or Shop ▇▇▇▇▇▇▇ before being published.
A4
ATTACHMENT
B
BRISTOL
PIPING SYSTEMS
DRUG TESTING
POLICY
Bristol
Piping Systems is a drug-free workplace. Employees are the Employer’s most
valuable resource and, for that reason, their health and safety are of paramount
concern.
Under the
Employer’s drug testing policy, all current and prospective employees must
submit to the drug testing policy. Prospective employees will only be asked to
submit to a test once a conditional offer of employment has been extended and
accepted. An offer of employment by Synalloy is conditioned on the prospective
employee testing negative for illegal substances.
If there
is reason to suspect that the employee is working while under the influence of
an illegal drug or alcohol, the employee may be suspended without pay until the
results of a drug and alcohol test are made available to the Employer by a
certified testing laboratory. Where drug or alcohol testing is part of a routine
physical or random screening, there will be no adverse employment action taken
until the test results are in.
The
Employer’s drug testing policy is intended to comply with all state laws
governing drug testing and is designed to safeguard employee privacy rights to
the fullest extent of the law.
The
illegal use, sale or possession of narcotics, drugs or controlled substances
while on the job or on Employer property will result in
discharge. The illegal sale of narcotics, drugs or controlled
substances off duty and off Employer premises will also result in
discharge.
Illegal
use of drugs off duty and off Employer premises is not acceptable because it can
affect on-the-job performance and the confidence of our customers in the
Employer’s ability to meet its responsibilities; such use may result in
discharge.
Alcohol
is prohibited from Employer property and operations, and use of alcohol that
adversely affects an employee’s job performance or the public perception of the
Employer is not acceptable.
For the
purpose of this policy, an employee will be irrefutably presumed to have engaged
in the unacceptable use of drugs and alcohol if urinalysis, blood testing or
other accepted testing procedures show proof of drug or alcohol use beyond
established cutoff levels.
B1
The legal
use of controlled substances prescribed by a licensed physician to the employee
is not prohibited, but employees in selected positions designated by the
Employer are required to make such use known to an authorized Employer
representative.
Violation
of the Employer’s policy may result in disciplinary action up to and including
termination.
Law
enforcement officials will be notified whenever illegal drugs are
found.
To ensure
that such drugs and alcohol do not enter or affect the workplace, the Employer
may take any or all of the following steps while employees are on Employer
property or during working time:
(a) Observe
actions of employees.
(b) Counsel
employees.
(c) Search
employees’ personal items.
(d) Search
employees’ automobiles.
(e) Search
employees’ persons.
(f) Chemical
screening (e.g., urinalysis, blood tests, etc.).
Searches
of employees’ personal property will take place only in the employees’ presence.
All searches under this policy will occur with the utmost discretion and
consideration for the employee(s) involved. Employees refusing to allow a search
will be discharged. The Employer reserves the right to conduct random chemical
screening of all employees as it deems appropriate. The Employer will perform
“for cause” chemical screening. “For cause” testing may be required in the event
of irrational or unusual behavior, injury, accident or damage to Employer
personnel or equipment; gross negligence or carelessness; disregard for the
safety, life or well-being of any Employer employee or customer; reporting to
work or remaining at work in apparently unfit condition; or for any other reason
the Employer deems sufficient. Follow-up testing of employees allowed to return
to work following drug or alcohol rehabilitation will also be conducted. While
other forms of screening of current employees are not anticipated at this time,
further chemical screening of employees for drugs or alcohol may be initiated
whenever deemed advisable by management. Employees who refuse to allow a
chemical screening or who attempt to invalidate the test, will also be
discharged.
B2
Whenever
possible, the Employer will assist employees in overcoming drug, alcohol and
other problems which may adversely affect employee job performance. Employees
who voluntarily come forward to request help with an alcohol or drug problem may
be allowed a leave of absence, without pay, to participate in a substance abuse
program.
Any
employee who tests positive for illegal drugs will be subject to the
following:
|
·
|
An
employee who tests positive for drug use will be immediately
discharged.
|
|
·
|
An
employee who is discharged for a positive drug screen will be eligible for
rehire 6 months after the positive test provided the employee passes a
drug test at a clinic of the employer’s choosing at the expense of the
employee.
|
|
·
|
An
employee who is rehired will be subject to random drug testing for an
indefinite amount of time.
|
All
testing results will remain confidential. Test results may be used in
arbitration, administrative hearings and court cases arising as a result of the
employee’s drug testing.
▇▇
▇▇▇▇▇▇▇
PIPING SYSTEMS
RANDOM
DRUG TESTING PROCEDURE
|
1.
|
Tests
will be conducted using Instant Technologies panels which include
oxycodone, marijuana, barbiturates, cocaine, etc. for initial random
testing. Random testing is performed on-site by the Human
Resources department. If initial testing is positive, employees
are taken immediately to Welmont Occupational Health for follow up
confirmation testing.
|
2. Employees
will be selected at random by clock # using a computerized random
number
generator.
3. Random
tests can occur any time at 6 week to 10 week intervals.
|
4.
|
A
list of 10 random employee numbers will be generated. Employee
names are determined from the list of employee numbers and schedules are
checked to insure that employees will be available on the testing
date. If an employee is not available, the first employee
number from a list of alternates is pulled for the
test.
|
|
5.
|
On
the testing day, supervisors will be informed of employees needed for
testing. Supervisors will escort employees to testing site
waiting area (main break rooms) ensuring that employees come directly to
testing site waiting area before going to the restroom, wash their hands,
etc.
|
6. Employees
will go one at a time for completion of test and then return to
work.
|
7.
|
If
an employee tests positive in initial testing, the HR Manager will notify
the employee and his supervisor. The employee will be taken
immediately to Welmont Occupational Health for a verification
test. If the employee has a valid prescription for any drugs
detected in their system, the follow-up drug screen will be marked as
negative and the employee will not be
terminated.
|
8. An
employee whose verification test is positive for drug use will be
immediately
discharged.
|
9.
|
An
employee who is discharged for a positive drug screen will be eligible for
rehire 6 months after the positive test provided the employee passes a
drug test at a clinic of the employer’s choosing at the expense of the
employer.
|
|
10.
|
An
employee who is rehired will be subject to random drug testing for an
indefinite amount of time.
|
|
11.
|
If
an employee tests positive after rehire, he/she is discharged permanently
without possibility of rehire.
|
B4
ATTACHMET
C
SAFETY
REGULATIONS
The
records show that more than half of all accidents are really the fault of the
man hurt. You can do more to keep yourself from accidental injury
than all the efforts of your supervisors combined. It has been well
said that a man’s best safeguard is about nine inches above his shoulders,
that’s – his own mind. You and your family suffer most if you are
hurt. Make yourself familiar with the following rules and put the in
practice.
1. Keep
yourself in physical condition to do a day’s work.
2. Listen
to the ▇▇▇▇▇▇▇’▇ instructions and have them clearly in mind before starting
work.
3. Good
housekeeping must be practiced. All material is to be kept stacked
neatly and on trucks or skids; aisles are to be kept clear at all
times.
4. Keep
your mind on your job. Alertness prevents accidents.
5. Always
use all safeguards provided.
6. Report
unsafe conditions to your safety committee.
7. Do
not “fool” or scuffle while at work.
8. Report
all injuries promptly. Get immediate first aid.
9. Wear
clothes suited to the job – safety shoes – gloves as needed. Use
goggles and other protective equipment. Safety glasses must be worn
by everyone in the manufacturing area.
10. In
the grinding area, full face ▇▇▇▇▇▇▇ must be worn at all times. This
applies to anyone who does any type of grinding anywhere in the
shop. All grinding discs must be inspected by the stock room clerk
before issuing, and the grinding operator must also check before
using.
11. Portable
partitions must be used to the best advantage to block the flow of grinding
sparks.
12. Grinders
and ▇▇▇▇▇▇▇ will be handled with care. They are not to be dropped or
laid on the blade or rock at any time. When the operator leaves the
area for any reason he will place his machine on brackets provided for this
purpose. All grinders must be properly guarded.
13. At
the pickling tank, proper rubber gloves, boots, goggles and aprons must be worn
at all times. In addition, full face ▇▇▇▇▇▇▇ must be worn when
handling concentrated acid.
C1
14. Gloves
must be worn when handling sheets or any other material that would have any
chance of cutting a man seriously. Welders must wear the safety type
helmet in order to avoid eye injuries when the helmet is lifted.
15. Pile
and un-pile material with care. Handling material is the greatest
accident producer on this job. When you see nails sticking up in
boards, bend them over or remove them.
16. When
working with another man, be sure he knows what you are going to do before you
drop a load or do anything, which might injure him. Good team work
promotes safety.
17. Get
help for lifting heavy objects. Learn to lift the correct
way.
18. Never
try to oil, clean or adjust machinery while it is in motion.
19. Do
not wear ragged sleeves, loose coats, flowing ties or loose jumpers while
working around machines.
20. Do
not get under loads, which are being carried by cranes.
21. Do
not hoist a load until it is securely made fast and balanced.
22. Do
not use improper or broken tools; they are dangerous.
23. Never
start machinery, operate valves, or change electric switches until you know by
personal investigation that it is safe.
24. Do
not look at welders or cutters while they work. You might ruin your
eyes. Properly shield welding areas from flash-burn hazards to other
employees.
25. Do
not fix electrical equipment of any kind unless your work requires
it.
26. Never
turn compressed air on anyone, nor on you; it is extremely
dangerous.
27. Do
not use scaffolding without guardrails and toe-boards. Anyone working
under scaffolding must ▇▇▇▇ head protection. Never use portable
electric tools that are improperly grounded.
28. Use
respirator for any abrasive blasting, or in any confined area.
29. Full
face ▇▇▇▇▇▇▇, safety gloves and wrist protectors must be worn when operating
saws.
Any
employee who disregards these safety rules will be given a written reprimand for
the first offense. For the second offense, the employee will be given
a written reprimand and will be penalized by being sent home for up to five days
without pay. For the third offense, the employee will be subject to
discharge.
C2
ATTACHMENT
D
HAND TOOLS ASSIGNED TO EACH
FIT-UP TABLE
1 50’
Tape Measure
1 25’
Tape Measure
1 8”
Vise Grips
2 ▇▇▇▇▇▇▇▇▇
Squares
1 6”
Level
1 2’
▇▇▇▇▇
▇ ▇’
▇▇▇▇▇
▇ ▇▇▇▇▇
▇▇▇▇▇
1 Chisel
1 Hammer
1 Hacksaw
1 Adjustable
Wrench
1 Protractor
and Blade
1 Pry
Bar
D1
ATTACHMENT
E
BRISTOL PIPING SYSTEMS
ABSENTEEISM POLICY – POINT SYSTEM
Objective:
To create a fair and equitable system for dealing with absenteeism
Procedure:
Absence from work other than vacation days will include:
1. Being
Late. Employees are required to be at their work station
prepared to begin work at
the
start time of their shift. For example, if shift start time is 6 a.m., the
employee must be
clocked
in and be at his/her work station ready to work at 6 a.m. Clocking in at 6
a.m. or
later
will be deemed being late and subject to the provisions herein.
2. Leaving
Early. In the same context as “being late” above, employees
are required to work
until
the end of their shift. Clocking out prior to shift end time will be
deemed leaving early
and
subject to the provisions herein.
3. Absence for a Complete
Shift
Point
System: Points
will be given for attendance occurrences as follows:
|
·
|
½
point – late without permission
|
|
·
|
½
point – leave early without
permission
|
|
·
|
1
point – absence without an accepted Doctor’s excuse, funeral notice, or
jury summons
|
|
·
|
1
point – absence without calling in (The call in must be made before the
shift starts and the employee must speak with a
supervisor)
|
|
·
|
2
points – absence without an excuse and for not calling in (Clarified, if
an employee is absent without excuse and does not call in, 2 points will
accumulate; if an employee does not call in and brings an acceptable later
such as the next day, 1 point will accumulate for not calling
in)
|
Disciplinary
Action:
The following discipline for point accumulation applies:
|
§
|
accumulation
of 2 points – verbal warning
|
|
§
|
accumulation
of 3 points – written warning
|
|
§
|
accumulation
of 4 points – 3 days off
|
|
§
|
accumulation
over 4 points – termination
|
An
employee has the ability to remove points from his/her record with good
attendance performance. If 90 calendar days are worked without an
unexcused absenteeism, late, or early leave incident, 1 point will be removed
from the employee’s record.
E1
|
|
Medical
Appointments: Non-emergency doctor and dental
appointments resulting in absence from work should be scheduled with the
employee’s supervisor at least 1 week in advance of the appointment.
These appointments should always be scheduled around the employee’s
assigned shift if possible.
|
|
|
Excused
Absences: Excused absences (with proof) resulting
in no point accumulation include death in immediate family, jury duty,
FMLA, short term disability (STD), approved medical, and other approved
personal absences.
|
|
|
Proof
of Absence:
Proof of doctor or dentist visits, death in employee’s family (bereavement
pay), and jury duty is required for excused absences; however, doctor and
dentist visits will be reviewed on a case by case basis. It is
management’s discretion to accept medical proof based on the employee’s
overall attendance and work performance record; when proof of medical
visit is not accepted, the absence will be deemed unexcused and attendance
points will be accumulated.
|
E2
ATTACHMENT
F
VACATION AND PERSONAL DAYS
POLICY
Bristol
Piping Systems recognizes the need for employee vacations to provide a change
from the routine of work, to spend time with their families, or special
occasions. Bristol Piping Systems reserves the right to deny vacation
request, due to production schedules, or failure to follow this policy to its
full extent.
1. Employees
must obtain a vacation request form his/her ▇▇▇▇▇▇▇.
2. Employees
will complete and submit the vacation request to their ▇▇▇▇▇▇▇ for approval and
signature.
3. Once
approved, it will be submitted to the plant superintendent for approval and
signature.
4. Once
approved, a copy will be returned to the employee, a copy will be sent to human
resources, and it will be posted on the vacation scheduling board.
5. All vacation requests must
be submitted to the plant superintendent at least 14 days prior to the beginning
of the requested vacation, except under extenuating
circumstances.
PERSONAL
DAYS
In
addition to vacation, each employee is allowed 40 hours per year of unpaid
personal time under the following guide lines:
1. 40
hours means 4 days under 10 hour shift operations or 5 days under 8 hour shift
operations.
2. Personal
time must be taken in no less than 1 day increments.
3. Every
attempt must be made by the employee to pre-arrange personal days. A
request for a personal day should be submitted to the plant superintendent 3
days prior to the requested day(s) off. In circumstances where the
employee cannot provide notice, he must call in prior to the start of the
shift. Failure to call in will result absentee points in accordance
with the absenteeism policy.
F1
ATTACHMENT
G
PAY
SCALE
Periods Total Journeyman
Compensation
2/16/2009
thru
2/13/2010 30.50
per hour worked
2/14/2010
thru
2/12/2011 31.40
per your worked
2/13/2011
thru
2/11/2012 32.30
per hour worked
2/12/2012
thru
2/16/2013 33.20
per hour worked
2/17/2013
thru
2/15/2014 34.10
per hour worked
Notes:
1. These
rates apply to Journeymen only. All Apprentices and Metal Tradesmen
wage rates will be as outlined in Article VII.
2. These
rates are all inclusive and include wages, health and welfare, pension, and
training.
3. Health
and welfare contributions for Apprentices and Metal Tradesmen shall be the same
as for Journeymen except there will be no contribution for Metal Tradesmen until
they have worked 2080 hours at Bristol Piping Systems.
4. Pension
contribution for Apprentices will be a maximum of $0.15 per hour.
5. Pension
contribution for Metal Tradesmen will be as follows:
Up to 4160 hours worked at Bristol
Piping
Systems: 0
4161 thru 10400 hours worked at Bristol
Piping
Systems $.25
per hour
Over 10400 hours worked at Bristol
Piping
Systems: $.63
per hour
6. For
the purposes of calculating hour worked to determine pension and health and
welfare contributions, any person not employed at Bristol Piping Systems in the
previous twenty-four months will be considered a new hire with no hours
accumulated.
G1
ATTACHMENT
H
SYNALLOY
CORPORATION
CODE OF BUSINESS CONDUCT AND
RELATED POLICIES
The Code
of Business Conduct of Synalloy Corporation contains the specific Corporate
Policies adopted by the Board of Directors that relate to the legal and ethical
standards of conduct of employees and agents of the Company. The
following Corporate Policies constitute the Code of Business Conduct and govern
the conduct of business by the Company:
I. General
Policy Regarding Laws and Business Conduct . . . . . . . . . . . . .
.. . . . . . . . . . . 2
II. Business
Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . . . . . 4
|
A.
|
Commercial
Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 4
|
|
B.
|
Fraud
and Similar Irregularities . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
.. 4
|
|
C.
|
Antitrust
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .
..5
|
|
D.
|
Sensitive
Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 6
|
|
E.
|
Conflicts
of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .
..6
|
III. Accounting
Controls, Procedures and Records . . . . . . . . . . . . . . . . . . . . . . . .
.. . . . . . . . 7
IV. Use
and Disclosure of Inside Information . . . . . . . . . . . . . . . . . . . . . .
.. . . . . . . . . . . . .. 10
V. Confidential
or Proprietary Information . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. . . . . . . . . . .11
VI. Environmental,
Health and Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. . . . . . . . . . 12
VII. Use
of Company Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . .15
VIII. Patents
/ Trademarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . . .16
IX. Political
Contributions and Activities . . . . . . . . . . . . . . . . . . . . . . . . . .
.. . . . . . . . . . . . . .16
X. General
Employee Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . 16
XI. Follow
Through . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . . . . . .17
This
policy is subject to amendment upon issuance of final SEC
regulations.
H1
I. GENERAL
POLICY REGARDING LAWS AND BUSINESS CONDUCT
The Code
of Conduct is the umbrella policy to the Synalloy Code of Business Conduct and
Related Policies and is intended to supplement this policy. The
Synalloy Code of Business Conduct and Related policies outlines Company policies
and procedures that address day-to-day business operations and
conduct. The Code of Conduct is incorporated herein and made a part
of the Synalloy Corporation Code of Business Conduct and Related
Policies.
The
purpose of this General Policy Regarding Laws and Business Conduct is to provide
a general statement regarding the Company’s expectations as to the legal and
ethical nature of conduct of the Company’s employees, directors, officers,
financial officers, temporary employees, independent contractors, and agents
(referred to thereafter as “Employee” or “Employees”) while acting on the
Company’s behalf and to provide for the administration of the Company’s Code of
Conduct (“Code”).
Moreover,
this policy is intended to enhance the qualifications of the Code as a program
that, under the United States Sentencing Guidelines, is reasonably designed,
implemented and enforced so as to be generally effective in preventing and
detecting criminal conduct.
The Audit
Committee shall be responsible for the administration of the
Code. The Audit Committee shall establish procedures and delegate
authority to senior management, comprised of corporate officers and divisional
presidents, in order to discharge this responsibility. The Audit
Committee will oversee and review the Code periodically and make recommendations
to the Board of Directors.
Waivers
of the Code of Conduct
The Chief
Executive Officer shall have the authority to grant waivers to Employees except
senior officers and any such waivers shall be reported to the Audit
Committee. The Board of Directors shall have the sole responsibility
and authority to grant a waiver of any item of this Code to any senior officers
and any such waiver shall be reported to the shareholders of the
Company.
Introduction
The Code
covers a wide range of business practices and procedures. It does not
cover every
H2
issue
that may arise, but it sets our basic principles to guide all employees of the
Company. Company Employees must demonstrate honesty and sound ethical
behavior in all business transactions and personal integrity in all dealings
with other and seek to avoid even the appearance of improper
behavior. The Code applies to Employees of the Company as defined in
second paragraph of the General Policy Regarding Laws and Business Conduct on
page 2.
Employees
must operate within the bounds of all laws applicable to the Company’s
business. If a law conflicts with a policy in this Code, you must
comply with the law. Further, if a local custom or policy conflicts
with this Code, you must comply with the Code. Managers must ensure
that employees who report to them read this Code and understand the importance
of complying with it and with applicable laws. If employees have
questions about these conflicts, they should ask their supervisor how to handle
the situation.
It is the
policy of the Company not to discriminate against employees, stockholders,
directors, officers, customers or suppliers on account of race, color, age, sex,
religion or national origin. All persons shall be treated with
dignity and respect and they shall not be unreasonably interfered with in the
conduct of their duties and responsibilities.
Contact
Persons to Ask Questions or Report Violations
Employees
may report violations of this code and of applicable laws in confidence and
without fear of retaliation. The Company does not permit retaliation
of any kind against employees of good faith reports of such violations, (except
that appropriate action may be taken against an Employee if such individual is
one of the wrongdoers).
In the
event of questions regarding compliance or to report a violation, Employees
should follow the normal chain of command as outlined in the Compliant Procedure
in the Employee Handbook. However, if the violation is of an alleged
serious breach of business ethics involving bribery, fraud, antitrust, conflict
of interest, accounting irregularities, improper use and disclosure of inside
information, confidential or proprietary information, or other serious matter
involving an Employee or a case where it may not be appropriate to discuss an
issue with a supervisor, the Employee should contact the Corporate Secretary in
Spartanburg at extension 536 or the Chairman of the Audit Committee at the
Spartanburg office at extension 532. This is a confidential voicemail
accessible only by the Audit Committee members.
H3
II. BUSINESS
ETHICS
A. Commercial
Bribery
The
Company prohibits the payment or transfer of Company funds or assets to
suppliers or customers in the form of bribes, kickbacks or other payoffs and
prohibits Company employees and agents from participating in such schemes or
from receiving such bribes, kickbacks or other payoffs. The purpose
of business entertainment and gifts in a commercial setting is to create good
will and sound working relationships, not to gain unfair advantage with
customers. Employees are prohibited from providing or receiving
anything of value directly or indirectly for the purpose of obtaining or
rewarding favorable treatment, including influencing a procurement
action. Employees having influence on procurement decisions must be
careful to avoid actual or potential conflicts of interest and may be required
to certify from time-to-time that they have not violated and do not know of any
other employee who has violated these prohibitions. Employees should
discuss with divisional Presidents any gifts or proposed gifts to ascertain
whether they are appropriate.
Bribes,
kickbacks and payoffs include, but are not limited to: gifts of other than
nominal values; cash payments by Employees or third persons, such as suppliers,
customers or consultants, who are reimbursed by the Company; the uncompensated
use of Company services, facilities or property except as may be authorized by
the Company; loans, loan guarantees or other extensions of credit (except from
lending institutions at prevailing rates).
This
policy does not prohibit expenditures of nominal amounts for meals and
entertainment of suppliers and customers that are an ordinary and customary
business expense, if they are otherwise lawful. These expenditures
should be included on expense reports and approved under standard Company
procedures.
B. Fraud
& Similar Irregularities
This
policy establishes and communicates the Company’s policy regarding the
prohibition, recognition, reporting and investigation of suspected fraud,
defalcation, misappropriation and other similar irregularities.
Employees
are prohibited from engaging in fraud which includes dishonest or fraudulent
act, misrepresentation, conversion to personal use of cash, securities, supplies
or any other
H4
Company
asset, unauthorized handling or reporting of Company transactions; defalcation,
embezzlement, forgery, misappropriation of assets, falsification of Company
records or financial statement for personal or other reasons. Any
Employee who becomes aware of a fraudulent activity should report it immediately
following the procedures addressed above under the section entitled “Contact
Persons to Ask Questions or Report Violations.”
The above
list is not all-inclusive but intended to be representative of situations
involving fraud. Fraud may be perpetrated not only by Company
Employees, but by agents and other outside parties as well. All such
situations require specific action by the Company.
The
Company’s Chief Financial Officer shall be notified of suspected significant
Fraud (more than $5,000 of estimated loss), and, without regard to amount of
loss, any Fraud involving an officer of the Company.
Fraud
investigations (involving more than $5,000 of estimated loss), and any Fraud,
without regard to amount of loss involving an officer of the Company, will be
reported to the Audit Committee of the Board of Directors.
C. Antitrust
The
Company strictly forbids formal or informal agreements or understandings with
competitors where the purpose is to influence prices, terms or conditions of
sale, volumes of production restrictions, allocations to markets or limitations
of quality.
Employees
are strictly forbidden to exchange information with competitors and potential
competitors regarding production scheduling, distribution and pricing, terms or
conditions of sale, quality limitations, production volumes and/or restrictions,
interaction with customers, market share or any other information in violation
of antitrust laws.
Employees
are not permitted to join any trade association on behalf of the Company unless
their supervisor, in conjunction with he division President, has determined that
the association serves an important and proper business purpose and that counsel
adequately supervises all of its activities. Employees should
periodically review trade association memberships with their managers to
determine their ongoing value.
H5
D. Sensitive
Transactions
This
policy advises Employees of the Company’s position regarding sensitive
transactions and requires that transactions are executed, and access to assets
is permitted, only in accordance with management’s authorization.
The U.S.
Foreign Corrupt Practices Act prohibits giving anything of value, directly to
officials of foreign governments or foreign political candidates, in order to
obtain or retain business. It is strictly prohibited to make illegal
payment to government officials of any country.
In
addition, the U.S. government has a number of laws and regulations regarding
business gratuities, which may be accepted by U.S. government
personnel. The promise, offer or delivery to an official or employee
of the U.S. government of a gift, favor or other gratuity in violation of these
rules would not only violate Company policy but could also be a criminal
offense. State and local governments, as well as foreign governments,
may have similar rules.
E. Conflicts
of Interest
The
policy establishes guidelines and procedures regarding timely and proper
disclosure of possible conflicts of interests that an employee may have in
connection with job duties and responsibilities in order that management may
review and approve each situation as necessary to protect the best interests of
the Company and its responsibilities as a public company.
A
“conflict of interest” exists when a person’s private interest interferes or
conflicts in any way with the interest of the Company. A conflict
situation can arise when an Employee takes actions or has interest that may make
it difficult to perform his or her Company work objectively and
effectively. Conflicts of interest may also arise when an Employee,
or members of his or her family, receives improper personal benefits or profits
in a significant personal transaction involving the Company as a result of his
or her position in the Company. Loans to, or guarantees of
obligations of, Employees and their family members may create conflicts of
interest.
“Members
of an Employee’s family” refer to the Employee’s spouse, parents, children,
siblings, mothers and fathers-in-law, sons and daughters-in-law, brothers and
sisters-in-law, any person living in the same home with the employee or any
business associate of the Employee.
H6
It is
almost always a conflict of interest for a Company employee to work
simultaneously for a competitor, customer or supplier. Employees are
not allowed to work for a competitor as a consultant or board
member. The best policy is to avoid any direct or indirect business
connection with our customers, suppliers or competitors, except on behalf of the
Company.
If an
Employee owns stock in a competitor and/or a supplier, it may or may not be a
conflict of interest; however, Employee should report it to his
supervisor.
Sometimes,
a conflict of interest will develop accidentally or unexpectedly, and the
appearance of a conflict of interest can also easily arise. If an
Employee feels that he/she has a conflict, actual, potential or apparent, he/she
should report all pertinent details in writing to his/her
manager. The presence of a conflict does not necessarily mean that
the proposed activity will be prohibited. An Employee’s
responsibility is to fully disclose all aspects of the conflict to the
appropriate manager and remove himself/herself from the decision-making
process.
Employees
will be required to indicate whether they have a conflict of interest and, if
so, disclose such conflicts of interest annually on the Certificate of
Compliance form. The Corporate Secretary will be responsible for
notifying the Audit Committee of the Board of Directors of any significant
exceptions.
III. ACCOUNTING
CONTROLS, PROCEDURES & RECORDS
This
policy establishes guidelines and procedures related to keeping books and
records that in reasonable detail accurately and fairly reflect the Company’s
transactions and dispositions of assets. The Company shall maintain a
system of internal accounting controls to ensure reliability and adequacy of its
books and records and proper recording of all transactions including
dispositions of assets.
Accurate
and reliable financial and business records are of critical importance in
meeting the Company’s financial and business obligations. The Company
has established guidelines and procedures related to keeping books and records
that in reasonable detail accurately and fairly reflect the Company’s
transactions and dispositions of assets. The Company shall maintain a
system of internal accounting controls to ensure reliability and adequacy of its
books and records and proper recording of all transactions including
dispositions of assets. No undisclosed
H7
or
unrecorded fund or asset may be maintained or established for any
purpose. The Company’s financial records must be retained in
accordance with its retention policies and all applicable laws and
regulations.
As a
public company, Synalloy is required to disclose through proper channels
accurate and complete information regarding the Company and its result of
operations on a timely basis. The Company will not tolerate “leaks”
or unauthorized disclosures of corporate information to members of the press or
financial community. The Chief Financial Officer must authorize all
communications to the press or financial community.
Policy
1. Authorization. The
only transactions to be entered into by the Company are
those that are executed in accordance with management’s
specific authorization or established, formalized policies and
procedures. The Board of Directors approves that officers and other
authorized employees of the Company are authorized, on behalf of this Company,
and in its name to sign, draw, endorse, accept and negotiate checks, drafts,
notes, money transfers or other order for the payment of money; to demand,
collect and receive any and all sums of money, securities, documents and
property which may be due or belonging to the company; execute and deliver and
electronic funds transfer agreement, open bank accounts in the name and in
behalf of this Company, to sign and execute all legal documents, contracts, and
to transact such business deemed necessary to conduct the routine affairs of the
Company. Only the Chief Executive Officer and the Chief Financial
Officer can commit to any contracts over 12 months.
2. Approval. No
transaction will be recorded in the accounts of the Company unless it is within
the scope of written policies and procedures or is specifically and formally
approved by an appropriate and designated employee. Such
approval requires the determination that the transaction (i) has been authorized
in accordance with this Corporate Policy and (ii) is supported by documentary
evidence to verify the validity of the transaction.
3. Accounting. All
transactions entered into by the Company will be recorded in the accounts of the
Company in accordance with normal, standard procedures. Each entry
will be coded into an account that accurately and fairly reflects the true
nature of the transaction.
H8
4. Reporting. All
transactions that have been accounted for in accordance with this Corporate
Policy will be accumulated and processed in a manner that will permit
preparation of financial statements, reports and data for purposes of internal,
public and regulatory reporting. Such statements, reports and data
must be in a form sufficient to reflect accurately and fairly the results of
transactions entered into by the Company and to permit proper accountability for
assets.
5. Responsibility. The
implementation and maintenance of internal accounting controls, procedures and
records that are adequate in all respects to satisfy the requirements of this
policy will be the primary responsibility of the Chief Financial
Officer.
6. Auditing. Compliance
with the provisions and requirements of this policy will be tested and evaluated
by the Company’s Chief Financial Officer and external auditors. All
control failures regarding this policy will be reported to the Audit Committee
so that deficiencies can be corrected and assurance of compliance with the terms
of this policy maintained.
Procedure
1. The
Company will continuously evaluate its internal accounting controls, procedures
and records to ensure compliance with the requirements of this
policy. Such evaluation will be documented in a form suitable for
inspection by outside parties, such as regulatory authorities, if the need
arises.
2. The
Company will take action to remedy any deficiency in internal accounting
controls, procedures and records to ensure continuing compliance with the
requirements of this policy.
3. The
external audit staff, in coordination with the Company’s Chief Financial
Officer, will ascertain that its audit scope, procedures and programs are
adequate (i) for the purposes of testing and evaluating internal accounting
controls, procedures and records and (ii) for complete reporting of deficiencies
in internal accounting controls, procedures and records.
4. On
or before March 31 of each year, the external auditor and the Company’s Chief
Financial Officer will prepare a written summary applicable to the preceding
fiscal year which sets forth financial management’s evaluation of the Company’s
internal accounting controls,
H9
procedures
and records. Such a summary will consider financial
management’s overall evaluation and results of audits performed during the year,
internal and external. For deficiencies noted in the evaluation,
remedial action in progress or contemplated will be set forth in the
summary. The summary will be addressed to the Audit Committee of the
Board of Directors.
5. The
Company will maintain the following policies to support requirements in this
section:
III-1 Purchasing
Policy
III-2 Employee
Business Expense Policy
III-3 Capital
Expenditure Policy
III-4 Gifts
and Entertainment Policy
III-5 Document
Retention Policy
III-6 Compensation
Policy
IV. USE
AND DISCLOSURE OF INSIDE INFORMATION
Employees
who have access to confidential information are not permitted to use or share
that information for stock trading purposes or for any other purposes except the
conduct of our business. All non-public information about the
Company, which includes information about other companies that is obtained
during the course of employment, should be considered confidential
information. To use non-public information for personal financial
benefit or to “tip” other who might make an investment decision on the basis on
this information is not only unethical but also illegal. If you have
any questions, please contact the Corporate Secretary.
In
general, it is a violation of United States federal securities Laws for any
person to buy or sell securities if he or she is in possession of material
nonpublic information relating to those securities. Information is
“material” if it could affect a reasonable person’s decision whether to buy,
sell or hold securities. Information is “nonpublic information” if it
has not been publicly disclosed. Furthermore, it is illegal for any
person in possession of material nonpublic information to provide other people
with such information or recommend that they buy or sell
securities. (This is called “tipping.”) In such case, both
the person who provides and the person who receives the information may be held
liable.
H10
A
violation of the United States federal ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Laws can expose a person
to criminal fines of up to three times the profits earned (or losses avoided)
and imprisonment for up to ten years, in addition to civil penalties of up to
three times the profits earned (or losses avoided), and injunctive
actions. The securities Laws also subject controlling persons to
civil penalties for illegal ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ by employees. Controlling
persons include the Company and may also include directors, officers and
supervisory personnel, These persons may be subject to fines up to
the greater of $1,000,000 or three times the profits earned (or losses avoided)
by the inside trader.
No
preferential treatment will be given to any shareholder, potential investor or
security analyst; therefore, the release to any such person of any material
financial or operating data relating to the Company must be available to all
such persons in compliance with SEC Regulation FD.
No
financial data regarding the Company will be released to the public or members
of the press of financial community except as authorized by the Chief Financial
Officer. Due to the sensitive nature of investor relations and
federal regulations relating thereto, all interviews with shareholders,
potential investors and security analysts must be authorized by the Chief
Financial Officer.
If
information of a material nature regarding corporate activities, developments or
discussions becomes or threatens to become known to outsiders, the Company is
required to make prompt and thorough disclosure of such information to the
public. Corporate matters subject to such treatment include
negotiations leading to acquisitions and mergers, stock splits, the making of
arrangements preparatory to an exchange or tender offer, changes in dividend
rates or earnings, call for redemption, new contracts, products or discoveries
and other material developments.
Reference
is made to Policy #IV-1 “Policy and Procedures for SEC Section 16 Reporting
Persons”.
V. CONFIDENTIAL
OR PROPRIETARY INFORMATION
Employees
must maintain the confidentiality of confidential or proprietary information
entrusted to them by the Company or its customers, suppliers, or joint venture
partners except when the
H11
disclosure
is authorized by the corporate management or required by laws or
regulations. Confidential information includes all non-public
information that might be of use to competitors, or harmful to the Company or
its customers, if disclosed. It also includes information that
suppliers and customers have entrusted to the Company. The obligation
to preserve confidential information continues even after employment
ends. No confidential information obtained during an Employee’s work
at a former employer should be brought on Company premises or used in the
Employee’s work at the Company.
All key
managers under incentive plan must sign a non-compete confidentiality agreement
in order to participate in the plan.
Reference
is made to Policy #V-1: “Key Management Confidentiality Agreement.”
VI. ENVIRONMENTAL,
HEALTH AND SAFETY
The
Company pledges to protect the environment and the health and safety of
employees, the users of our products and the communities in which we
operate.
The
Company strives to provide each employee with a safe and healthful work
environment. Each Employee has responsibility for maintaining a safe
and healthy workplace for all Employees by following safety and health rules and
practices and reporting accidents, injuries and unsafe equipment, practices or
conditions.
The
management of Environmental, Health and Safety goals is accomplished through two
specific programs; Environmental Program and the Health and Safety
Program.
1. Environmental
Program
a. Responsibility
Senior
Management will have the ultimate responsibility for adopting, supporting and
committing resources to a plan that ensures that the Company’s facilities will
be operating in an environmentally sound manner.
The
Environmental Manager will be responsible for informing Senior Management of the
requirements for the operation of the Company’s facilities in
H12
compliance
with all local, state and federal regulations. The Environmental
Manager is responsible for the development of procedures for implementation by
the facilities to ensure compliance with requirements and Company
policies. The environmental Manager will obtain the services of
consulting licensed professional (with per-approval from the Audit Committee)
where these services are necessary or required.
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b.
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Regulatory
Compliance
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Procedures
have been developed and implemented to obtain the necessary facility operating
permits required by federal, state or local governments, commissions or
districts. An annual regulatory review is conducted to determine
compliance with existing laws and regulations and evaluate future compliance
issues, if necessary.
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c.
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Pollution
Prevention
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A
pollution prevention plan has been developed to reduce the impacts of our
operations on the environment. Specific procedures have been
developed to eliminate, reduce or minimize potentially harmful emission to the
air, land and water.
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d.
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Risk
Management / Emergency Response
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The
Company accepts the responsibility for identifying and managing the risks
associated with hazardous operations and material by adhering to Company safety,
health and environmental policies that require us to make environmental, health
and safety considerations a priority in our current operations and our planning
and development of new products. Our facilities employ a team of
specifically trained employees including environmental and safety staff,
engineers, chemists, production supervisors and production employees whose use
industry accepted methods for analyzing, reviewing and minimizing risks involved
with our operations. From this analysis, specific detailed operating
procedures are developed, and training on these procedures are conducted for all
employees.
H13
Should an
emergency involving hazardous materials occur, our emergency response plans are
designed to warn and protect both our employees and the
community. This plan has been reviewed with both the local fire
department and emergency response personnel.
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e.
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Education
and Training
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Education
and training on environmental awareness is conducted to ensure that employees
are aware of the Company’s responsibilities and requirements for protecting the
environment. Training is conducted on Company policies and procedures
in place for compliance with Federal, State and local rules, regulations and
policies. Training is conducted for management and non-management
employees.
Reference is made to Policy #VI-1 –
“The Synalloy Environmental Policy Manual.”
2. Health
and Safety Program
The
Company is sincerely interested in the health, safety and welfare of each
employee. Aside from a personal concern, the Company realizes that
accidents also weaken employee morale, which in turn affects the job performance
and customer relations of each employee. Therefore, it is the policy
of this Company to insure each employee of a safe working
environment. To accomplish this goal, the Company requires that each
employee report any unsafe working condition to his/her
supervisor. The Safety Manager has developed training programs for
new employees and periodic mandatory training for all employees on a continuing
basis. The Safety Manager along with the Safety Committee conducts
routine audits of the facilities and checks for unsafe
conditions. The Company also provides employees with proper safety
equipment and monitors the use and condition of the equipment to ensure proper
use.
Industrial Hygiene
Statement
Physicals
The
Company will contract with a reputable medical agency to perform needed physical
testing and monitoring of identified employees on an annual basis or as required
by OSHA standards/programs or as directed by other government
agencies. These tests, specific for identified employees, may include
Hearing tests, Urine Cytology and Pulmonary Function tests.
H14
Environmental and Employee Exposure
Monitoring
The
Company will test and monitor as required by OSHA employee’s exposure to
substances regulated by an OSHA standard. If there is reason to
believe that exposure levels for a substance exceed the action level or the
permissible exposure level, appropriate employee and/or area monitoring will be
performed. If results of monitoring are outside acceptable levels,
then the specific operations involved will be discontinued until compliance can
be achieved. Environmental monitoring may occur if it is considered
necessary to verify acceptable air concentrations after emissions or
spills.
Reference
is made to Policy #VI-2-“Synalloy Health and Safety Policy Manual.”
VII. USE
OF COMPANY RESOURCES
Company
property may not be sold, loaned, given away, or disposed of, without proper
authorization. All company assets must be used for proper purposes
during employment with Synalloy. Improper use includes unauthorized
personal use of the Company’s assets, including computer equipment and software,
data, vehicles, tools and equipment. Upon leaving employment with the
Company, all Company property must be returned.
The
Company provides information systems, including, among other things, telephone,
voicemail, email, computers databases, internal networks, on-line services and
Internet access, for employees’ use at the Company. Synalloy reserves
the right to monitor, search, access and review all information in its systems,
including information that employees may consider personal.
Upon
hire, each new employee will be issued an “Electronic Information and
Communication Systems Policy” and sign a Notice of Receipt that becomes a part
of his/her personnel file. If Employee has any doubts about a
particular use or issue pertaining to electronic communications he/she should
check with Company management before proceeding. The Company reserves
the right to modify and/or interpret this policy at any time.
Employees
who abuse the privilege of access to the company’s information and communication
systems are subject to disciplinary action which could include removal from
access to specific systems(s) or, should the violation warrant, immediate
termination of employment.
H15
Reference
is made to Policy #VII-1 – “Electronic Information and Communication Systems
Policy”.
VIII. PATENTS
AND TRADEMARKS
Besides
its people, the Company’s most important assets are its trademarks and trade
secrets. All employees must disclose to the Company in writing and in
reasonable detail, any and all inventions, improvements, developments, technical
information, skill and know-how, patentable and un-patentable, which are made,
discovered or developed by an employee in the course of, or as a result of
performance of work by the employee for the Company, or any customer of the
Company, without any obligation on the part of the Company, or any customer of
the Company, to make any payment therefore. The employee will, at the
request of the Company and at the expense of the Company, but without other
consideration, execute or cause to be executed all documents and do or cause to
be done all acts which may be necessary or desirable to confirm in the Company
all right, title and interest throughout the world in and to such developments,
and to enable and assist the Company to procure, maintain, enforce and defend
patents, ▇▇▇▇▇ patents, copyright, and other applicable statutory protection
throughout the world on all developments which may be patentable or
copyrightable.
IX. POLITICAL
CONTRIBUTIONS AND ACTIVITIES
The
Company encourages participation of its employees in the political
process. To protect itself from legal or appearance problems, the
Company takes seriously its obligations under lobby laws, gift laws, and laws
pertaining to political contributions. The Board of Directors must
approve in advance any use of Company resources for political campaigns or
fundraising.
X. GENERAL
EMPLOYEE CONDUCT
The
purpose of this General Employee Conduct Policy is to provide guidelines
regarding the Company’s expectations of employees and setting forth a summary of
the personnel policies, benefits, and procedures.
H16
The
Company has two Employee Handbooks – one for Hourly Employees and one for
Salaried Employees. Upon hire, each new employee will be issued a
Handbook and sign a Notice of Receipt of Handbook that becomes a part of his/her
personnel file. The Company will issue periodic updates or amendments
as needed to notify employees of changes in policy.
Reference
is made to Policy #X-1 – “Synalloy Corporation Salaried Employee Handbook” and
X-2 – “Synalloy Corporation Hourly Employee Handbook,”
The
Company has agreements with certain collective bargaining units as set forth in
the following documents that are incorporated by reference:
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·
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Agreement
between Bristol Metals, LLC and United Steelworkers of America Local
4586
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|
·
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Agreement
between Bristol Piping Systems and the United Association of Journeymen
and Apprentices of the Plumbing and Pipe Fitting Industry of the US and
Canada, Local 538
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|
·
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Agreement
between Teamsters Local Union No. 549 and Bristol Metals,
LLC
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XI. FOLLOW
THROUGH
The
Company’s Code is intended to encompass all the Company’s activities and
emphasizes the importance of employees attaining the highest quality business
conduct and solid business ethics.
Employees
are required to report any conduct they believe in good faith to be an actual or
apparent violation of the Code. The Company strongly encourages
Employees to work with their managers in making such reports and, in addition,
provides to employees the right to report such violations directly to the
Corporate Secretary or the Chairman of the Audit Committee. Prompt
reporting of violations is in the best interest of everyone. Reports
by Employees will be handled as confidentially as possible. No
employee will suffer retaliation by the Company because of a report made in good
faith.
All
managers are to maintain an “open door” policy with regard to Employee questions
including those of business conduct and ethics. Employees are
reminded to raise a question of moral standard or ethical behavior before it
happens, rather than afterwards.
H17
Reports
or unethical or illegal activities will be investigated. A final
determination will be reached and appropriate corrective action taken whenever
cases of possible misconduct are reported.
Every
Employee’s cooperation is required in assuring that violations of the Code are
called to the attention of those who should be informed. It must be
clearly understood that adherence to these policies carries the highest
priority.
Compliance
and Discipline
Though
the Company is confident that it can count on every Employee to do his or her
part, the Company would be remiss if it did not state categorically that
deviations from its business conduct standards will not be
tolerated. Disciplinary action will be taken against any individual
violating these standards. Specifically, disciplinary action will be
taken against any Employee who is found to have authorized, condoned,
participated in or concealed actions that are in violations of these standards;
against any manager who disregards or approves a violation, or who, through lack
of diligence in supervision, fails to prevent or report violations; and against
managers who retaliate, directly or indirectly, or encourage others to
retaliate, against any employee who reports a potential violation of these
standards. Because these standards are very important to the
Company’s corporate values, any deviation from these values may result in
termination of employment.
H18
CERTIFICATE
OF COMPLIANCE
I, ____________________
hereby certify that I have received, reviewed and understand the Synalloy
Corporation Code of Conduct.
Signature:
Social
Security
#:
Date:
Complete
the above data, sign and return within 7 days of receipt of
documents(s).
Conflict
of Interest Statement – Before completing this section, please read Section II-E
of the Code titled “Conflicts of Interest.”
I
have no conflicts of interest
Please list any potential
conflicts of interest below.
Sign-off by manager (if an
employee discloses a potential conflict of interest, a copy of this Certificate
will be sent to the manager of his/her approval.)
Manager’s
Name:
H19
ATTACHMENT
J
UA STANDARD OF
EXCELLENCE
Overview:
The UA Standard for
Excellence policy is a Labor-Management commitment to uphold the highest
industry standards in the workplace and ensure customer
satisfaction. The program is designed to promote UA members’
world-class skills and safe, efficient work practices on the jobs performed by
our signatory contractors for their customers.
Member and Local Union
Responsibilities:
To insure
the UA Standard for Excellence platform meets and maintains its goals, the Local
Union Business Manager, in partnership with his implementation team, including
shop stewards and the local membership, shall ensure all members:
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•
Meet their responsibilities to the employer and their fellow workers by
arriving on the job ready to work, everyday on time (Absenteeism and
Tardiness will not be tolerated).
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•
Adhere to the contractual starting and quitting times, including lunch and
break periods (Personal cell phones will not be used during the workday
with the exception of lunch and break
periods).
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•
Meet their responsibility as highly skilled craftsworkers by providing the
required tools as stipulated under the local Collective Bargaining
Agreement while respecting those tools and equipment supplied by the
employer.
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•
Use and promote the local union and international training and
certification systems to the membership so they may continue on the road
of life-long learning thus insuring UA craftsworkers are the most highly
trained and sought after workers.
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•
Meet their responsibility to be fit for duty insuring a zero tolerance
policy for substance abuse is strictly
met.
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•
Be productive and keep inactive time to a
minimum.
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•
Meet their contractual responsibility to eliminate disruptions on the job
and safely work towards the on-time completion of the project in an
auspicious manner.
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•
Respect the customers’ property (Waste and property destruction, such as
graffiti will not be tolerated).
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•
Respect the UA, the customer, client and contractor by dressing in a
manner appropriate for our highly skilled and professional craft
(Offensive words and symbols on clothing and buttons are not
acceptable).
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•
Respect and obey employer and customer rules and
policies.
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•
Follow safe, reasonable and legitimate management
directives.
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Employer and Management
Responsibilities:
MCAA/MSCA/PFI/MCPWB/PCA/UAC
and NFSA signatory contractors have the responsibility to manage their jobs
effectively, and as such have the following responsibilities under the UA Standard for
Excellence.
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•
Replace and return to the referral hall ineffective superintendents,
general foremen, foremen, journey workers and
apprentices.
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•
Provide the Union hall with the necessary documentation to support these
actions.
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•
Provide worker recognition for a job well
done.
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•
Insure that all necessary tools and equipment are readily available to
employees.
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•
Minimize workers downtime by insuring blueprints, specifications, job
layout instructions and material are readily available in a timely
manner.
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•
Provide proper storage for contractor and employee
tools.
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•
Provide the necessary leadership and problem-solving skills to jobsite
Supervision.
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J1
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•
Insure jobsite leadership takes the necessary ownership of mistakes
created by management decisions.
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•
Promote to owners and clients the UA/Contractor Associations partnerships
and avoid finger pointing when problems
arise.
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•
Encourage employees but if necessary be fair and consistent with
discipline.
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•
Create and maintain a safe work environment by providing site specific
training, proper equipment and following occupational health and safety
guidelines.
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•
Promote and support continued education and training for employees while
encouraging career building skills.
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•
Employ an adequate number of properly trained employees to efficiently
perform the work in a safe manner while limiting the number of employees
to the work at hand thereby providing the customer with a key performance
indicator of the value of the UA Standard
for Excellence.
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•
Treat all employees in a respectful and dignified manner acknowledging
their contributions to a successful
project.
|
|
•
Cooperate and communicate with the Job
▇▇▇▇▇▇▇.
|
Problem Resolution through
the UA Standard for Excellence Policy:
Under
UA Standard
for Excellence it is understood, that members through the local union,
and management through the signatory contactors, have duties and are accountable
in achieving successful resolutions.
Member and Local Union
Responsibilities:
|
•
The Local Union and the ▇▇▇▇▇▇▇ will work with members to correct and
solve problems related to job
performance.
|
|
•
Job Stewards shall be provided with ▇▇▇▇▇▇▇ training and receive
specialized training with regard to the UA Standard for
Excellence.
|
|
•
Regular meetings will be held where the job ▇▇▇▇▇▇▇ along with UA
Supervision will communicate with the management team regarding job
progress, work schedules, and other issues affecting work
processes.
|
|
•
The Job ▇▇▇▇▇▇▇ shall communicate with the members’ issues affecting work
progress.
|
|
•
The Business Manager or his designee will conduct regularly scheduled
meetings to discuss and resolve issues affecting compliance of the UA Standard
for Excellence policy.
|
|
•
The ▇▇▇▇▇▇▇ and management will attempt to correct such problems with
individual members in the
workplace.
|
|
•
Individual members not complying with membership responsibility shall be
brought before the Local Union Executive Board who will address such
members’ failure to meet their obligation to the local and the UA, up to
and including filing charges. The Local Union’s role is to use
all available means to correct the compliance problem including but not
limited to mandatory retraining for members after
offences.
|
Employer and Management
Responsibilities:
|
•
Regular meetings will be held where the management team and UA Supervision
will communicate with the Job ▇▇▇▇▇▇▇ regarding job progress, work
schedules, and other issues affecting the work
process.
|
|
•
The above information will be recorded, action plans will be formulated
and the information will be passed on to the local union Business
Manager.
|
|
•
Management will address concerns brought forth by the ▇▇▇▇▇▇▇ or UA
Supervision in a professional and timely
manner.
|
J2
|
• A
course of action shall be established to allow the job ▇▇▇▇▇▇▇ and or UA
Supervision to communicate with higher levels of management in the event
there is a breakdown with the responsible
manager.
|
|
•
In the event that the employee is unwilling or unable to make the
necessary changes, management must make the decision whether the employee
is detrimental to the UA Standard
for Excellence platform and make a decision regarding his further
employment.
|
Additional
Jointly Supported Methods of Problem Resolution:
|
•
In the event an issue is irresolvable at this level the Local or the
Contractor may call for a contractually established Labor Management
meeting to resolve the issues.
|
|
•
Weekly job progress meetings should be conducted with Job Stewards, UA
Supervision and Management.
|
|
•
The Local or the Contractor may involve the customer when their input is
prudent in finding a solution.
|
|
•
Foremen, General Foremen, Superintendents and other management should be
educated and certified as leaders in the UA Standard
for Excellence policy.
|
J3