1
EXHIBIT 10.29
LABOR CONTRACT
Between
Southdown, Inc. - Odessa Plant
Odessa, Texas
and
United Cement, Lime, Gypsum and Allied Workers
Division, Boilermakers International Union,
(A.F.L.-C.I.O.) Local No. D476
July 31, 1998
2
AGREEMENT
THIS AGREEMENT, dated July 31, 1998 is made by and between the
SOUTHDOWN, INC.(ODESSA PLANT) and the UNITED CEMENT, LIME, GYPSUM AND ALLIED
WORKERS DIVISION, BOILERMAKERS INTERNATIONAL UNION, A.F.L.-C.I.O., Local No.
D476, referred to respectively as the "Company" and the "Union".
RECOGNITION
The Company recognizes the Union as the exclusive bargaining agency for
all production and maintenance employees at the Odessa, Texas plant of the
Company, excluding all clerical employees, storeroom clerk, professional and
technical employees, guards, and supervisors as defined in the National Labor
Relations Act, as amended.
ARTICLE I - EMPLOYMENT
Section 1. New employees and those hired after a break in continuity of
service will be regarded as probationary employees for the first eighty-five
(85) days worked and will receive no continuous service credit nor benefits of
any kind, including bidding, during such period. Probationary employees shall
not have recourse to the grievance procedure of this agreement and may be laid
off or discharged as exclusively determined by Management. Probationary
employees who continue in the service of the Company, subsequent to the first
eighty-five (85) days worked, shall receive full continuous service credit from
date of original hiring.
Section 2. The parties hereto agree to continue to apply the provisions
of this Agreement to all employees without regard to race, color, sex, age,
religion, creed, national origin, handicap, disabled or Viet Nam Era Veteran.
The Company and the Union will comply with all federal and state laws concerning
the rights of workers, including the Americans with Disabilities Act and the
Family and Medical Leave Act.
Section 3. As used in this Agreement, the word "he" or "his" shall also
be applicable to female employees.
Section 4. A salaried employee may fill any vacant hourly rated job
until an hourly employee in that classification is called in or a determination
is made to let the job remain unfilled. A salaried employee may work on any
hourly rated job to instruct, experiment, inspect, cover an emergency, or
temporarily relieve an hourly rated employee, or when an hourly employee is not
available.
1
3
ARTICLE II - MANAGEMENT
Section 1. The Union agrees and acknowledges that the Company has the
exclusive right and unbounded discretion to hire, determine standards of fitness
for work, to test employees for the presence of drugs and alcohol and to take
appropriate disciplinary or remedial action in the event of positive test
results, discipline or discharge, layoff, rehire, promote, demote, retire or
temporarily assign employees within the bargaining unit. The Union further
recognizes the Company's unlimited right to determine the amount of overtime to
be worked; to create, modify, combine or discontinue job classifications; to
determine and change the size and nature of the work force to hire temporary
employees as may be determined necessary, determine job duties, quality and
workmanship standards, hours of work and other conditions of employment; to
make, change and enforce (after posting) work rules and safety standards, to
promote safety, efficiency, order, and protection of Company property and
operations; to halt work stoppages; and to take effective action against
slowdowns.
The right to manage the business, to distribute work with outside
contractors or sub-contractors, to determine the type of work to be performed,
the job content, the location of work, the schedules of production, the schedule
of working hours, the methods and the processes and means of production.
Section 2. The above list of specific Company rights shall not be
considered restrictive or a waiver of any other rights the Company has not
listed and has not specifically surrendered in this Agreement; regardless of
whether such rights have been exercised in the past.
Section 3. The Union recognizes the Company's exclusive right to
determine partial or permanent discontinuance or shutdown of operations. The
Company's only obligation when exercising this right is to bargain with the
Union over the effects of that decision.
Section 4. The Company shall give notice of the existence of this
Agreement to any purchaser, lessee, assignee, etc. Such notice shall be in
writing with a copy to the Union not later than the effective date of sale.
ARTICLE III - UNION ACTIVITIES/MEETINGS
Section 1. If and when necessary, in the opinion of both the Company
and the Union, the Company agrees to meet with a union grievance committee
normally comprised of two (2) employees for the purposes of discussing matters
of mutual concern or interest (excepting labor negotiations). Not more than one
(1) employee will be excused from any one
2
4
classification unless the release of two employees from a classification will
not adversely impact costs or operations. An agenda of any subjects to be
discussed at such meeting must be submitted to the Plant Manager not less than
seventy-two (72) hours in advance of a scheduled meeting.
Section 2. Meetings will be arranged at a time convenient for both
parties to accomplish the purposes set out in this agreement. Any employee who
is scheduled to work during the hours the meeting is held and who attends the
meeting will be compensated by multiplying his regular classified hourly wage
rate by the hours he attends the meeting.
Section 3. When a meeting is scheduled at which a representative of the
International Union and a representative of the Company from Corporate
Headquarters will attend, any member of the committee who is scheduled to work
the third shift immediately preceding the meeting will be excused from working
the third shift and will be compensated by multiplying eight (8) hours at his
regular classified hourly wage rate plus shift differential of the employee who
has attended the meeting.
Section 4. Any member of the committee who is scheduled to work the
second shift immediately following the meeting will be excused from working the
second shift if the employee has attended the meeting for six (6) hours. In the
event the employee is excused from working the second shift, he will be
compensated by multiplying eight (8) hours at his regular classified hourly wage
rate plus shift differential.
Section 5. The Company will excuse, without reimbursement of any lost
wages, no more than two (2) designated employee members of the Union negotiating
committee for actual time spent in attendance at negotiating meetings on behalf
of the Local Union (D476) in negotiating with the Company at Odessa, Texas.
Section 6. Union activities shall not be conducted during working
hours, except that a member or members of the Union Grievance Committee, with
the consent of the Company, may try to adjust a mutual problem. Such consent
will not be unreasonably withheld or delayed.
a. There shall be one (1) ▇▇▇▇▇▇▇ on each rotating shift who may, in
the absence of a committee member, try to adjust an existing
problem.
b. Local Union Officers and stewards off duty and representatives of
the International Union shall, upon permission from the Company, be
permitted on the Company's premises to investigate grievances.
Section 7. The Union will attempt to appoint and have available on each
shift a Committeeman, job ▇▇▇▇▇▇▇ or other employee designated for purposes of
this section who shall be identified to the Company in writing.
3
5
ARTICLE IV - SENIORITY
Section 1. Seniority is defined as the length of continuous service
with the Company at the Odessa plant, provided, however, that an employee shall
have no seniority rights until after eighty-five (85) days worked.
Section 2. The following factors shall apply in the awarding of all
jobs:
a. Experience, individual skill and ability, and efficient service
related to the qualifications of the job. (Employees who have
received repeated disciplinary actions in the twelve (12) months
prior to bidding the job will not be given consideration for
advancement.)
b. Physical fitness of the applicant.
c. Seniority.
d. When a. and b. are relatively equal, c. shall apply.
e. If the employee selected shall fail to qualify in the judgment of
the Company after thirty (30) calendar days or less, he shall be
returned to his former position and the next bidder be given
consideration. When an employee has bid a job in good faith, the
Company will give consideration to the employees' request to be
removed from the job during this period. This 30 day period may be
extended with the mutual written agreement of the Company and
Union. When a job cannot be filled in the above manner because of
the bidder's failing to have the necessary qualifications, the
Company may fill the job from any source.
Section 3. For employees on the payroll when this Agreement becomes
effective, seniority is defined as the length of continuous service with the
Company. Seniority rights, once established, shall start from the date of
employment.
Section 4. An employee's seniority shall be lost only by:
a. Discharge for good cause.
b. Voluntarily quit.
c. Failure to answer recall notice within seven (7) days after
notification is sent by registered mail to the last address the
employee has left on file in the personnel office.
4
6
d. If the employee is absent for three (3) consecutive workdays
without notifying or attaining prior approval from his supervisor
for such absence, he shall be considered as having voluntarily
quit.
e. During a continuous period of absence, an employee absent due to
lay off will retain recall rights for a period equal to his
seniority at the time of lay off not to exceed twenty-four (24)
months.
f. An employee on continuous absence due to disability shall accrue
seniority and retain recall rights for a period not to exceed
sixteen (16) months; however, should such an employee be declared
totally and permanently disabled prior to the sixteen (16) months
such employee's name shall be removed from the payroll and a
certified mail notice to this effect will be sent to his last
address as shown on Company record.
Section 5. If a vacancy occurs, for which a laid off employee is
qualified, he will be sent a certified mail notice of recall to his last address
provided to the Company Personnel Office.
a. If the employee does not respond within a seven (7) day period, or
refuses the recall, he will forfeit all seniority and his
employment will be terminated.
b. If the employee is reinstated, he shall be credited with seniority
as prescribed in Section 3 of this Article.
c. If an employee is absent because of a disability, he shall only be
recalled for a vacancy which occurs after he has recovered and is
physically able to return to work.
Section 6. An employee in the bargaining unit, who is promoted to a
supervisory position outside the coverage of this Agreement and who subsequently
returns to the bargaining unit, will have his previous bargaining unit seniority
reinstated.
Section 7. The Company will furnish the Union with a seniority list
every six (6) months.
Section 8. The Company may at its discretion utilize any hourly
employee to fill a salaried or management position, at any time, without the
employee suffering any loss of seniority or benefits under this agreement,
however, if the employee becomes permanent salaried, he will have no bidding or
bumping rights back to the bargaining unit.
5
7
ARTICLE V - WORK FORCE CHANGES
Section 1. Should the Company reduce the work force due to lay off or
any other reason, the Company will give the Union reasonable advance notice of
same and, upon request by the Union, meet to review such reductions.
Section 2. If the Company determines that the number of employees in
any job classification(s) are to be reduced or eliminated, the decision as to
which employee or employees are to be removed from a job classification, shall
be made by seniority. However, in classifications 5A and above, the Company may
have to deviate from seniority to retain needed skills to ensure efficient
operations.
a. Any employee so removed from a job classification in accordance
with Section 2, above, may exercise his seniority to move into any
other job classification for which he is qualified. Consequently,
if this procedure results in the Company declaring that the number
of employees in the job classification to which the employee has
transferred must be reduced, the same procedure shall be utilized.
Any subsequent transfers as a result of the above procedure will
result with employee(s) being laid off in accordance with Section
2, above.
b. Employees will be recalled in reverse order.
Section 3. In the event the Company declares a temporary reduction in
the work force due to a curtailment or shutdown because of business or any other
conditions, employees retained to perform necessary work shall be selected on
the following basis:
a. Senior employees, whose regular jobs are not required, shall have
the option of accepting available work for which they are qualified
or accepting lay off, except that,
b. The Company has the right to require that senior employees work
during the shutdown, if there are no junior employees with the
necessary qualifications to perform the required work.
c. "Qualified" for purposes of this Section 3, shall mean that an
employee must be able to perform all duties connected with the job
classification without any training. It is further understood that
after a three (3) day re-orientation the Company shall require the
employee(s) to demonstrate his abilities to perform as required
within the next two work days.
6
8
Section 4. The Company's decision concerning qualification as used in
this Article is subject to the grievance procedure.
Section 5. Should the Company permanently shutdown the present
facilities affording employment to the employees comprising the bargaining unit
(the present facilities shall be deemed to have been permanently shutdown if all
productive facilities are abandoned even though shipping facilities continue to
operate) the Company shall mail a notice informing each affected employee that
his employment with the Company has been terminated because of permanent
shutdown. The notice shall be mailed at least one hundred twenty (120) days
prior to the shutdown to the employee's last address on the Company's personnel
record.
ARTICLE VI - PROMOTIONS AND TRANSFERS
Section 1. When the Company determines that a vacancy exists or a new
job is created, other than laborer, the Company will post a notice of such fact;
such notice to remain posted for a period of at least seventy-two (72)
consecutive hours, excluding Saturdays, Sundays, or holidays. This notice shall
state rates of pay, hours, job requirements and qualifications. Employees who
wish the job shall be considered in the manner provided herein in Article IV,
Section 2, and the successful applicant's name will be posted within seven (7)
days after the bids are opened, except where testing is required. Said delay
will not exceed ten (10) days, unless additional time is agreed to between the
Union and the Company. If an absent employee bids on a job and can reasonably
show he will be available for that job within 120 days of the bid, the Company
may delay filling the job until the employee returns, if that employee is the
successful bidder.
The successful bidder will be placed on the job within as reasonable time as
possible from the date of posting award. In the event of the successful
applicant's failure to qualify in the opinion of the Company, within thirty (30)
workdays on the job, it is understood that said employee is to be restored to
his former position and standing. This 30 day period may be extended with the
mutual written agreement of the Company and Union. The Company will give
consideration to the employee's request to be removed from the job during this
period.
a. Laborers who are assigned to fill a job vacancy as a result of no
one being awarded the job through the bid procedure, may
subsequently remove himself from his assigned job by:
(1) Being the successful bidder on a higher classified job posting,
or
7
9
(2) After a period of one (1) year, he may bid on a job of equal
or lower classification or if qualified replace a less senior new
employee upon the completion of that employee's probationary
period.
b. This Section does not preclude the Company from hiring new
employees to fill such a job vacancy, nor does it affect the
Company's right to temporarily assign any employee to such a job
vacancy for a period not to exceed 120 days, unless the Company and
Union mutually agree to a longer period.
Section 2. An employee may bid to any lower classified job provided he
has held his current job classification for a period of at least twelve (12)
months. Employees must remain in said lower classification for at least twelve
(12) months before he can bid again. An exception to this Section may be
permitted with mutual agreement between the Company and the Union.(Any employee
who bids on the positions of Process Control Operator or Assistant Process
Control Operator must agree to commit to remaining in the position for at least
four (4) years if selected as successful bidder.)
Section 3. An employee who is temporarily assigned by his supervisor to
work in a higher paid job classification will be paid the rate of such higher
job classification for all time actually worked. An employee temporarily
assigned by his supervisor to perform work in an equal or lower paid
classification will be paid the base hourly wage rate of his permanent
classification.
Section 4. The Company will treat temporary vacancies caused by
vacations, illnesses, injury or other employee caused absences in the following
manner:
a. Choose not to fill the job(s).
b. Fill the job on a transfer basis.
c. Fill the job on a temporary bid basis. If a job is filled on a
temporary bid basis, a successful bidder(s) will return to their
former classification upon completion of the job. Employees may bid
down only once every 12 months.
d. In the event that the Company determines that a job shall become
permanent, the Company shall post the job as provided in Article
VI, Section 1.
Section 5. The Company at its discretion may create new or additional
jobs on a temporary basis not to exceed one hundred and twenty (120) days.
8
10
a. If a job is filled on a temporary bid basis, a successful bidder(s)
will return to their former classification upon completion of the
job. Employees may bid down only once every 12 months.
b. The foregoing Section 5., a., does not apply to employees whose
regular job(s) have been affected by production curtailment or
temporary shutdown.
Section 6. Knowledge, training, skill and ability gained while holding
a job under the bid system will be given consideration in making promotions,
layoffs, or reductions in work force.
ARTICLE VII - HOURS AND WORK SCHEDULES
Section 1. The workweek of each employee shall start at 8:00 a.m. on
Sunday morning. A workday shall be the twenty-four (24) hour period, commencing
at 8:00 a.m., regardless of when the employee commences work.
Section 2. Each employee shall perform work assigned to him by the
Company, and no employee shall absent himself from his work without consent of
the Company.
Section 3. Nothing in this Agreement shall be construed as a guarantee
of hours of work per day or per week, or of days of work per week.
Section 4. Work schedules will be posted annually. Weekly changes to
work schedules will normally be posted on Thursday before the end of the day
shift, only if there has been a change in hours, shift or days, from the work
schedule.
Section 5. Any vacancies shall be covered as determined by Management,
however:
a. Production (rotating shift) employee vacancies will normally be
covered on an upgrade basis from within the same shift/crew.
b. Production (rotating shift) employees must have the ability to
qualify and perform the duties of all shift classifications to
which they may be upgraded.
c. It is the employee's responsibility to check his work schedule each
week.
Section 6. If an employee's work schedule is changed after the end of
the day shift of the preceding Thursday, he shall be compensated with a
twenty-five dollar ($25.00) premium for the first eight (8) hours worked in his
new schedule and the premium shall be paid in addition to
9
11
whatever compensation the employee is otherwise entitled to receive under any
other section of this Article. The Company may change the schedule at the
request of an employee or employees and the above shall not apply, nor shall any
other penalty, premium, overtime, or shift differential that results from the
employee's request.
Section 7. Unless a regular employee shall be specifically instructed
not to report to work at least eight (8) hours before the starting time of his
regular shift, he shall be considered as having been ordered to report, and
shall be given a minimum of four (4) hours' work, excepting when causes beyond
the control of the Company make it impossible to give the required notice, in
which case no minimum hours of work shall be given. Notices referred to in this
Article shall be deemed to have been given when a reasonable effort has been
made by the Company to give such notice orally or in writing to such employee.
Section 8. If after starting his lunch period, an employee is
interrupted by a work assignment, he shall be compensated one-half (1/2) hour at
time and one half (1-1/2) for his scheduled lunch period. Such employee shall be
granted subsequent reasonable time to complete his lunch without loss of pay.
Section 9. The Company has the right to a twenty-four (24) hour per
day, seven (7) day per week continuous operation; as well as the sole right to
determine work schedules and personnel ▇▇▇▇▇▇▇ necessary to cover said
schedules.
Section 10. Any employee unable to report for work on account of
sickness or other good reason shall notify his supervisor as soon as possible
before his regular time for beginning work.
a. When an employee has been absent from his job for good cause, he
must notify his supervisor of his intentions to report back for
work before the end of the last shift he would have worked had he
not been absent.
b. If an employee fails to give the above notice, the Company will not
be obligated to provide work nor minimum pay for him.
Section 11. Whenever a lay off is planned because of a change or
reduction in plant production requirements, the Company will give reasonable
notice in accord with applicable law prior to the effective date of the lay off
by posting a bulletin stating the expected extent of such lay off and the
expected effect on the work force. The foregoing does not apply to disciplinary
lay offs and lay offs because of curtailment made necessary by disaster or
emergency conditions affecting the ability of the Company to physically operate
the plant.
10
12
ARTICLE VIII - OVERTIME
Section 1. Overtime is defined as any hours an employee has worked
which are in excess of eight (8) per day or forty (40) hours in a workweek. All
overtime work, as set forth in this section, will be paid at one and one-half
times (1-1/2) the employee's regular straight time hourly rate unless otherwise
specified in this agreement.
Section 2. Double time. Pay for time worked in excess of twelve (12)
hours is defined as follows:
a. In the event an employee works more than twelve (12) hours in his
workday he shall be paid for all hours worked in excess of such
twelve (12) hours at double the straight time hourly rate.
b. After an employee has been engaged in work for twelve (12)
consecutive hours, he shall be paid for all consecutive hours
worked immediately succeeding and in excess of such twelve (12)
hours at double the straight time rate.
c. In no event shall the two (2) immediately preceding provisions of
this section be applied to the same hours of work; however, the
provision which creates the highest earning shall be applied.
d. If an employee is being paid at the rate of double time under the
provisions of this section, and the work continues into the
employees regular shift the Company may elect to continue to pay
the employee double time or send the employee home and pay straight
time pay to the employee for the balance of his/her regularly
scheduled shift.
Section 3. Callouts. If an employee is called and reports for work
after leaving the plant at the completion of his regular shift or on his days
off, he shall be paid a minimum of four (4) hours pay at the applicable call out
rate, providing the call out is not consecutive with or contiguous to his
regular shift of work. In such event, the four (4) hour minimum will not be
paid, but in no event will the call out rate be for less than two (2) hours pay.
It is understood that if an employee is called back to work, he may be required
to perform any duties in connection with breakdowns or emergency situations in
addition to the duties for which he was called out.
11
13
a. Applicable callout rates are as follows:
1. Double time (2X) for holidays (in addition to, not in lieu of
their eight (8) hours holiday pay, if eligible.)
2. Double time (2X) for Sundays.
3. Double time (2X) for Seventh Day worked.
4. Time and one-half (1.5X) in all other circumstances.
b. Hours worked on a call-out in excess of twelve (12) hours will
receive an additional half time to the rates above on Seventh Days
worked and all other circumstances other than Sundays.
c. Hours worked on call-out work on holidays in excess of eight (8)
hours will receive an additional half time to the rates in
paragraph a.
Section 4. Holidays. All overtime hours worked (except as provided for
in Section 3) on a holiday shall be paid as follows:
a) Up to eight (8) hours - One and one-half time (1.5X)
b) Over eight (8) hours - Double time (2X)
Plus eight (8) hours holiday pay if eligible under this agreement.
Section 5. Sunday. All overtime hours worked on a Sunday shall be paid
as follows:
a) Over eight (8) hours - One and one-half time
b) Over twelve (12) hours - Double time
Section 6. Seventh Day. In the event an employee has actually worked
six (6) complete consecutive days in the work week, the employee shall receive
double the straight time hourly rate for hours worked on Saturday, the seventh
day.
Section 7. Any hours paid as other than straight time (excluding the
first eight (8) hours at one and one-half time (1.5X) on Sunday) shall be
considered as paid overtime hours and shall not be used for computation of two
(2) or more types of premium pay, duplicated or accumulated on a daily or weekly
basis. There shall be no pyramiding or duplication of overtime or premium pay.
Notwithstanding any other provisions of this section, if an employee begins his
work week on a Sunday the first eight (8) hours worked on that day if paid at
one and one-half times (1-1/2X) will be used in the computation for consecutive
days in a work week or as part of the 40 hours for overtime purposes.
Section 8. Employees who work in excess of their regular scheduled
working time shall not be laid off to equalize such overtime.
12
14
Section 9. Employees who continue to work in excess of their scheduled
hours in any one (1) day shall receive a minimum of fifteen (15) minutes time at
the applicable overtime rate.
Section 10. The Company's right to require or schedule a reasonable
amount of overtime work will not be affected by layoffs.
Section 11. The Company may schedule overtime as necessary to insure
the continuity of its twenty-four (24) hour, seven (7) day per week continuous
operation as well as overtime necessary to expedite repair of major production
equipment which is down and interrupting production.
Section 12. The company agrees that, over each calendar year, it will
make a reasonable attempt to allocate overtime equally among employees within
the same classification which the overtime occurs. It is agreed that employees
may not refuse to work overtime unless a reasonable excuse is given as
determined by the Company.
Section 13. In filling overtime needs, the Company will contact the
classified employee(s), who is (are) qualified in accordance with the
understanding in Section 9 of this Article.
a. In the following procedure, the employee will only be contacted one
(1) time and he must immediately accept or decline, except as
otherwise determined by subsection c. of this Section 10.
b. An employee working on a job shall be given first consideration if
any overtime is needed to finish the job.
c. When it is determined that overtime work is required in a
classification(s), Management will make every effort to obtain
necessary workers by asking the lowest person(s) in overtime to
work, until a sufficient number(s) has been obtained. If refusals
result in the Company not being able to obtain sufficient employees
in the affected job classification(s), the required number of such
classified employees with the least amount of overtime worked will
be expected to work the necessary overtime or be subject to
progressive discipline.
d. All worked and/or refused overtime will be charged toward
equalization records.
e. All employees are expected to work a reasonable amount of overtime.
f. In the event the overtime procedure fails to obtain the necessary
employee(s) needed to work, the Company may perform the work in any
way it deems necessary.
13
15
Section 14. If an employee does not work a regularly scheduled workday
that day shall not be considered as actually a day worked for all overtime
purposes unless that day is compensated by the Company under any provisions of
this Agreement or the employee is on approved leave of absence for union
business as permitted under this Agreement.
ARTICLE IX - WAGES
Section 1. It is agreed that for the duration of this agreement, the
wage groups, and rates of pay shall be those set forth in Appendix A of this
Agreement.
Section 2.
a. All regularly scheduled work beginning between 6:00 a.m. and 9:00
a.m., inclusive, shall be considered day shift work.
b. All regularly scheduled work beginning between 2:00 p.m. and 5:00
p.m., inclusive, shall be considered middle shift work.
c. All regularly scheduled work beginning between 10:00 p.m. and 1:00
a.m., inclusive, shall be considered night shift work.
Section 3. Each employee regularly scheduled to work on the middle
shift shall be paid a premium of one dollar ($1.00) for each hour worked by him
on that shift. Each employee regularly scheduled to work on the night shift
shall be paid one dollar ($1.00)for each hour worked by him on that shift.
These premium rates do not apply to day workers even though they may work over
into a period of time for which the regular shift workers are paid this premium.
If, however, a day worker is scheduled to take the place of a regular scheduled
shift worker, then the premium rate applies.
Section 4. All consecutive hours (exclusive of meal periods) worked by
an employee who normally begins work at a time specified in the preceding
Section 2, shall be deemed to be worked by him on the shift on which he begins
work.
Section 5. The Company has the prerogative to set the wage rate of any
job not mentioned in this Agreement, or any job with substantial changes in
duties, equipment or requirements, or any new job(s) created. The Company will
advise and meet with the Union at their request to discuss any wage rates
established in accordance with this section. Any such established rates may be
subject to the grievance procedure.
14
16
Section 6. If an employee is scheduled to work on Sunday (the
twenty-four (24) hour period beginning with day shift Sunday) the employee will
receive one and one-half times (1.5X) the straight time hourly rate unless a
higher rate is called for elsewhere in this Agreement.
ARTICLE X - HOLIDAYS
Section 1. The following days shall be considered holidays under this
agreement: New Year's Day, President's Day, Good Friday, Memorial Day,
Independence Day, Labor Day, Veteran's Day, Thanksgiving Day,Day after
Thanksgiving, Christmas Eve Day, and Christmas Day. When a fixed holiday occurs
on Sunday, the following Monday shall be observed as the holiday.
Section 2. Employees who do not work on the holidays specified herein
shall receive as holiday pay, eight (8) hours pay at their regular straight time
hourly rate, exclusive of shift differentials, provided they meet all of the
following conditions:
a. The employee shall not have less than eighty-five (85) days worked
with the Company prior to the holiday.
b. The employee shall have worked his last scheduled working day prior
to and his next scheduled working day after such holiday. Anything
less than eight (8) hours worked will not be considered as a day
worked, unless excused therefrom by the Plant Manager.
c. In no event shall a holiday be paid for unless an employee has also
worked during the thirty (30) day period immediately preceding or
immediately following the holiday, except the thirty (30) day
limitation shall not apply if the employee was temporarily absent
from work because of sickness or accident.
Section 3. Employee(s) scheduled or notified to work on a holiday, but
failing to report for and perform such work, unless excused by the Plant
Manager, shall not be entitled to any holiday pay.
Section 4. If a holiday occurs during an employee's vacation, he shall
receive eight (8) hours pay, in addition to vacation pay, at the straight time
hourly rate of his permanently assigned classification.
Section 5. If an employee is scheduled to work on a holiday, but then
is instructed by the Company not to work without eight (8) hours notice, he
shall receive for that holiday eight (8) hours pay at two (2) times his regular
straight time hourly rate.
15
17
Section 6. The phrase "straight time hourly wage rate" as used solely
in this Article, shall mean the higher of either the employee's regular straight
time hourly wage rate or the highest straight time hourly wage rate for a job on
which the employee worked at least eight (8) consecutive hours on the day before
and the day after the holiday, whether previously scheduled or not.
ARTICLE XI - VACATION
Section 1. An employee will earn vacation as follows:
a. For an employee who has been in the continuous service of the
Company for more than one (1) year, the length of vacation shall be
two (2) weeks.
b. For an employee who has been in the continuous service of the
Company for more than eight (8) years, the length of vacation shall
be three (3) weeks.
c. For an employee who has been in the continuous service of the
Company for more than fifteen (15) years the length of vacation
shall be four (4) weeks.
d. For an employee who has been in the continuous service of the
Company for more than twenty-five (25) years, the length of
vacation shall be five (5) weeks.
Section 2. Vacation pay shall not include shift differential for those
employees on fixed shifts; however, regular scheduled shift workers on rotating
shifts shall be paid the shift differential premium.
Section 3. Vacation pay shall be computed by multiplying the number of
hours in the regularly scheduled workweek by the straight time hourly rate of
pay, but shall in no event be more than forty-eight (48) or less than forty (40)
hours pay subject to the provisions listed in this section below. Vacation pay
will be computed at the rate for the permanently assigned classification on
which an employee is working at the time he takes his vacation.
a. Employees shall be eligible for their full appropriate vacation
rights if they have reached their vacation anniversary date and
have worked 1200 hours or more during the previous calendar year.
Employees who have worked less than 1200 hours during the previous
calendar year shall have their vacation computed on the basis of
l/12th for each 100 hours worked. An employee shall be
16
18
considered as having worked for the purposes of vacation
eligibility, on the basis of an eight (8) hour day and forty (40)
hour week during absence from work because of illness or injury
for a period not to exceed fifty (50) workdays (400 hours).
b. Pro rata vacation shall be paid for the following and shall be
computed as outlined in Section 3 a. of this Article:
1. Retirement
2. Lay Off
3. Illness
4. Voluntary quit with two (2) weeks notice to the Company.
5. In the event of the employee's death to his surviving spouse
or to the estate.
Section 4. Vacations may be taken at any time at the employee's
convenience, provided ample notice is given the Company and provided previous
arrangements with the Company have been made and approved. Vacation requests
must be made by January 31 each year. Where requested vacation schedules
conflict, a senior employee may exercise his seniority preference on a one-time
basis; however, such seniority cannot be exercised after January 31 of any
calendar vacation year. Vacation periods not scheduled prior to February 1,
shall be granted on a first come first granted basis or may be assigned by the
Company. Vacations shall include (without pay) regular days off prior, and
subsequent to the paid days of the vacation periods.
Section 5. The final right to allotment of vacation periods is
exclusively reserved by the Company to insure the orderly operation of the
plant.
Section 6.
a. Employees entitled to vacations shall be permitted to take such
vacations in separate periods of not less than five (5) consecutive
workdays each.
b. One (1) week of vacation can be used one day at a time provided:
1. The employee makes a request at least seventy-two (72) hours in
advance, and;
2. The request is granted by the Plant Manager or his designee.
17
19
3. Employees may use the above said vacation to cover a day of
sickness upon informing his or her supervisor or designee as
soon as possible, prior to the start of his or her scheduled
shift.
c. An additional one (1) week of vacation can be used one day at a time
provided the employee makes a request at least seventy-two (72) hours in advance
and the request is granted by the Plant Manager or his designee.
Section 7. Vacations will not be cumulative and must be taken during
the calendar year.
Section 8. If requested and with Company approval, an employee eligible
for three (3) weeks vacation may receive one (1) week of vacation pay per year
in lieu of time off and an employee eligible for four (4) or more weeks of
vacation may elect to receive one (1) or two (2) weeks of vacation pay per year
in lieu of time off.
ARTICLE XII - JURY DUTY/WITNESS PAY
Section 1. Employees, having seniority (not probationary), who are
called for jury duty and serve as jurors on regularly scheduled workdays, shall
be paid the difference between the amount received for such service and their
straight time hourly rate up to eight (8) hours per day or forty (40) hours per
week.
a. To be eligible for payment, an employee called for jury service
must furnish the Company with evidence of attendance from a court
official stating the date(s) jury service was performed, amount of
payment received and the time of day excused from the court.
b. When excused by the court at a time that would allow an employee to
work (4) hours or more of his normal shift, the employee shall
return to work. Should the employee fail to return to work, he
shall forfeit any jury make-up pay that may be otherwise due him
under the terms of this Article. In such case if an employee does
not return to work he shall be charged under the Absenteeism and
Tardiness Control program.
c. An employee is limited to fifteen (15) days jury makeup pay in any
one (1) calendar year. This fifteen (15) day limitation will not
apply to employees selected to Grand Jury.
d. When an employee is required to report to the court as a
prospective juror and is excused without being seated, he shall
return to work immediately and will be paid make-up pay only for
scheduled time lost from work. Should the employee fail to return
to work, he shall forfeit any jury make-up pay that may be
18
20
otherwise due him under the terms of this Article. In such case if
an employee does not return to work he shall be charged under the
Absenteeism and Tardiness Control Program.
e. In no event will payment be made for any jury duty pay, as set
forth above, for duty performed by an employee on a holiday,
vacation, layoff, sick leave, ▇▇▇▇▇▇▇'▇ compensation, or who are
not otherwise working.
Section 2. The Company shall make up the wage loss of an employee who
has been subpoenaed and loses scheduled time testifying as a witness in an
action, where the employee is neither the plaintiff nor defendant.
ARTICLE XIII - FUNERAL LEAVE
Section 1. An employee who has completed his probationary period, shall
upon notification of the death of his father, mother, step-father, step-mother,
spouse, son, son-in-law, daughter, daughter-in-law, brother, half-brother,
brother-in-law, sister, half-sister, sister-in-law, mother-in-law,
father-in-law, grandparents, or grandchildren be granted up to a three (3) day
leave of absence, upon request, and will be paid for up to three (3) (up to four
(4) scheduled shifts, if the employee is required to travel beyond a radius of
500 miles) scheduled shifts (or such fewer shifts as the employee may be absent)
which fall within the next three (3) consecutive regularly scheduled work days
beginning within four (4) days of the date of the death; provided, however, that
one (1) such consecutive day of absence must be the day of the funeral and the
employee must attend the funeral or forfeit any funeral leave pay due. Payment
for such time lost shall be on the basis of eight (8) hours pay per day at the
employee's regular straight time hourly rate, including shift differential.
Section 2. In no event will the payment of funeral leave pay be
duplicated with holiday pay, vacation pay, ▇▇▇▇▇▇▇'▇ compensation, or accident
and sickness insurance payments; nor, will employees on layoff or those not
otherwise working be paid funeral leave pay.
Section 3. A "Request for Funeral Leave" form will be furnished by the
Personnel Office and is to be completed by the employee prior to leave.
ARTICLE XIV - MILITARY RESERVE SUMMER CAMP
Active employees with one (1) year seniority and who are in the Reserve
of any branch of the military service, including the National Guard, who are
required to attend a summer encampment as part of their reserve obligation shall
receive from the Company, the difference between
19
21
the amount of pay received for such summer encampment and his regular straight
time hourly rate of pay not to exceed eighty (80) hours pay per calendar year.
ARTICLE XV - SAFETY AND HEALTH
Section 1. A joint Safety and Health Committee shall be established
consisting of four (4) members. At least two (2) members of the committee shall
be hourly employees. A designated alternate shall be appointed for each
committee member. In the event that a member is absent from a meeting of the
Committee, his alternate may attend and when in attendance shall exercise the
duties of the member. The Plant Manager or his designee will be the fifth (5th)
member and act as Chairman of the Committee.
a. The Joint Committee shall meet as often as necessary for the purpose
of jointly considering inspecting, investigating, reviewing health and
safety conditions, making constructive recommendations with respect
thereto; including, but not limited to the implementation of corrective
measures to eliminate unhealthy and unsafe conditions and practices,
and to improve existing health and safety conditions and practices. All
matters considered and handled by the Committee shall be reduced to
writing, and minutes of all meetings of the Committee shall be made and
maintained. One miner's representative from the Committee will
accompany a Federal or State investigator on a walk-around inspection
or investigation and will attend any pre or post inspection conference.
b. All time spent in connection with the work of the Committee
representative, including all time spent in pre or post inspection
conferences and walk-around time spent in relation to Federal and State
inspection and investigations as provided for above, shall be
compensated at the employee's regular straight-time hourly wage rate.
Any time spent during the hours the employee is scheduled to work shall
count toward the calculation of any penalty or premium pay section of
this Agreement including, but not limited to daily or weekly overtime.
Any time spent outside the hours the employee is scheduled to work
shall not count toward the calculation of any penalty or premium pay
section of this Agreement. No time spent outside of the hours the
employee is scheduled to work shall be compensated at a rate greater
than one (1) times the employee's straight-time hourly wage rate.
c. Time spent in connection with MSHA approved monthly employee safety
training meetings shall be compensated at the employee's regular
straight-time hourly wage rate. Such scheduled meetings will not exceed
one hour.
20
22
d. Any employee who believes his job presents a hazard to his safety or
health may request an immediate review of his job by one (1) Company
and one (1) miner's representative of the Joint Safety & Health
Committee.
Section 2. The Company will furnish prescription ground safety glasses
to bargaining unit employees, including the cost of the prescription at an eye
care provider acceptable to the Company. Glasses will not be replaced more
frequently than one (1) per year, unless damaged or broken during the
performance of duties.
Section 3. The wearing of safety shoes manufactured in accordance with
ANSI Standard Z-41.1-1972 is a mandatory condition of employment for all
employees of the Company. Shoes will have a minimum of a six-inch (6") top.
Full-time permanent employees will become eligible for safety shoes'
reimbursement after one (1) year of employment. The Company will issue a check
in the amount of $180.00 each year to each employee for reimbursement of safety
shoes.
Section 4. A medical examination of any employee may be made when, in
the opinion of the Company, an examination is necessary to protect the health or
safety of the employee involved, or the health or safety of other employees.
Section 5. All injuries must be reported to the ▇▇▇▇▇▇▇ on the shift
they occur prior to leaving the plant, unless the nature of the injury is such
that the employee is unaware of the injury. If an employee becomes injured on
the job and in the opinion of a qualified medical doctor (M.D.) he is unable to
return to work, he shall be paid for any wages lost that day only.
ARTICLE XVI - LEAVE OF ABSENCE
Section 1. Any employee elected or appointed to a full time position
with the UNITED CEMENT, LIME, GYPSUM, AND ALLIED WORKERS DIVISION, BOILERMAKERS
INTERNATIONAL UNION, AFL-CIO, LOCAL NO. D476 or any of its subordinate bodies
shall be granted an indefinite leave of absence, providing thirty (30) days
notice is given the Company prior to the beginning of such leave. During such
leave seniority shall accumulate. Insurance benefits shall be suspended after
thirty (30) days of such leave and will again be in effect the first day of
returning to work with the Company. Upon returning to work, such employee will
be reinstated on his former job, providing it is still in existence; if not, he
shall be eligible to apply for any job within the bargaining unit by means of
the existing bidding procedure, or by bumping. The Company agrees to consent to
the absence of no more than one (1) employee at any time under this article.
21
23
Section 2. Any employee absent from work in accordance with the
foregoing provisions shall not lose seniority, wage rate, or position, if
physically fit upon return to work. Except as provided for in section 2 of this
article, should an employee accept a position for wages or salary while on leave
of absence, such employee shall lose seniority, and if re-employed, must be
treated as a new employee.
Section 3. A leave of absence will be granted to employees to attend
union conventions or other like union activities without loss of seniority and
other employment rights and benefits. The Union will give the Company written
notice of at least ten (10) days of any anticipated leave. Not more than two (2)
employees may be absent for such purposes at any one (1) time. If two employees
are from the same department, both will be excused only if a qualified
replacement is available in the sole judgement of the Company.
Section 4. An employee who has exhausted all eligible vacation may
request in writing an unpaid personal leave for up to thirty (30) calendar days
for good and significant personal reasons not covered under the Family and
Medical Leave Act. The Company may approve or disapprove any request for a
personal leave of absence.
ARTICLE XVII - OVERTIME MEALS
Section 1. A meal and reasonable time to eat it, or compensation
($8.50) in lieu of such meal and meal period, will be provided when more than
four (4) consecutive overtime hours have been worked beyond the end of an
employee's regular shift. Meals when provided will be at the sole discretion of
the Company.
Section 2. Should an employee be called out on a scheduled off day and
he continues to work for more than ten(10)consecutive hours, Section 1 of this
Article will become applicable.
ARTICLE XVIII - GRIEVANCE PROCEDURE
Section 1. Should differences arise between the Company and the Union,
or an individual employed by the Company, as to the meaning and application of
the provisions of this Agreement, an ▇▇▇▇▇▇▇ effort shall be made by the parties
to settle such differences promptly and in the following manner:
STEP I. The complaint, within seven (7) calendar days of its
occurrence, or the occurrence of the matter out of which the complaint
arises, may be taken up by the employee involved, with or without Union
representation, with his ▇▇▇▇▇▇▇. The employee shall state the
22
24
specific article(s) and paragraph(s) of the Contract that is
alleged to have been violated in order for the grievance to be
considered and processed.
STEP II. If no satisfactory settlement is reached in Step I, the matter
shall be reduced to writing and presented to the Plant Manager or his
delegate within five (5) days from the date of the meeting with the
▇▇▇▇▇▇▇. At the time of presentation, or within thirty (30) days, the
Plant Manager or his delegate will meet with the Grievance Committee to
hear and discuss the grievance. The Company shall answer the grievance
in writing within five (5) days after said meeting. The employee shall
state the specific article(s) and paragraph(s) of the Contract that is
alleged to have been violated in order for the grievance to be
considered and processed.
STEP III. If no agreement is reached in Step II, The Committee may,
within five (5) days of the receipt of the above answer, refer the
matter to higher officials of the Company and the Union who may attend
such a meeting. Upon request by the Union a meeting will be held within
forty-five (45) days of such request. The Company shall answer the
grievance within five (5) days after said meeting.
STEP IV. A grievance arising out of the terms of this Agreement, which
has been properly processed through the Grievance Procedure within the
time limits specified and not settled, may be submitted to arbitration
in accordance with the provisions of Section 5. Arbitration.
Section 2. Except for Section 1, Step I., the time limits referred to
in this Article exclude Saturdays, Sundays and holidays.
Section 3. Any grievance not presented or appealed within the time
limits provided, unless mutually agreed to extend the time, shall be considered
settled on the basis of the decision which was not appealed and shall be final
and binding on the parties involved.
Section 4. Grievances presented in any of the regular steps set forth
and not answered within the time specified or as the same may be extended by
mutual agreement shall be considered appealed to the next step of the grievance
procedure.
Section 5. Arbitration
a. Any grievance not settled in Step III above may be referred to
arbitration. Notice to refer a grievance to arbitration shall be given
in writing within ten (10) days after being notified on the decision
rendered in Step III or the matter will be considered closed. Only one
(1) grievance may be submitted to or under review by any one (1)
Arbitrator at any one time unless by the prior mutual written consent
of the parties.
23
25
b. In the event the parties are unable to agree upon an Arbitrator
within seven (7) days after arbitration is invoked, then they shall
jointly petition the Federal Mediation ad Conciliation Service, which
shall submit a panel of seven (7) qualified arbitrators, and the
parties shall select a single arbitrator from such panel. The
arbitrator shall be appointed by mutual consent of the parties hereto.
If the arbitrators included in this panel are unacceptable to either
party, a second panel shall be requested from the Federal Mediation and
Conciliation Service and a single arbitrator selected from this panel.
The Union shall strike the first name.
c. Any grievance referred to arbitration shall be heard as soon as
possible and a decision rendered within thirty (30) days of the hearing
or the date of postmark of the post hearing briefs. The Arbitrator
shall have no power to add to or subtract from or change, modify or
amend any of the provision of this Agreement. The decision rendered by
the Arbitrator will be final and binding upon the Union, the Company,
the grievant and all employees covered by this Agreement. The
Arbitrator selected pursuant to this Article shall interpret and apply
the terms of this Agreement; he/she shall not substitute his/her
discretion and judgment for that of the Company.
d. It is expressly agreed that no Arbitrator shall have the authority
to decide any matter involving the exercise of a right reserved to
management under this Agreement.
e. Each party hereto shall pay the expense incurred in the presentation
of its own case, and the expenses incident to the services of the
Arbitrator, including the cost of the transcript for the Arbitrator,
shall be shared equally by the Company and the Union. If either party
request a copy of the transcript that copy will be paid for by the
party requesting it.
Section 6. Any grievance growing out of a discharge or suspension must
be submitted in writing by the aggrieved employee directly to the Union and from
the Union to the Director of Industrial Relations or Plant Manager or designee
within forty-eight (48) hours of the discharge or suspension or it will not be
recognized and the action taken shall be final.
ARTICLE XIX - INCAPACITATED EMPLOYEES
Section 1. Any employee who becomes permanently incapacitated and, on
the basis of competent medical opinion, cannot perform the duties of his regular
job may exercise his plant seniority through the bumping procedure to move to
another position within the plant bargaining unit for which he is qualified to
perform in the same manner as provided for Article V, Section 3.
24
26
Section 2. Any employee who is displaced by an incapacitated employee
pursuant to Section 1 of this Article may exercise his plant seniority to bump
into another position within the plant bargaining unit for which he is qualified
in the same manner as provided for in the job bidding procedures.
Section 3. The Company's decision based on competent medical opinion
regarding the employee's incapacitation will be final and binding.
ARTICLE XX - STRIKES AND LOCKOUTS
The Union agrees that there shall be no picketing or strikes by the
Union, or by its members, of any kind or degree whatsoever, or walkout,
suspension of work, slowdowns, limiting of production, or any other interference
or stoppage, total or partial, of the Company's operations for any reason
whatsoever, such reasons including, but not limited to, unfair labor practices
by the Company or any other Employer. It is further agreed that neither the
Union nor its members shall engage in the above prohibited conduct in support of
picketing, strikes or any labor dispute actions engaged in by any other
organization or person. In addition to any other recourse or remedy available to
the Company for violation of the terms of this Article by the Union and/or any
Union member, the Company may discharge or otherwise discipline any employee who
authorizes, causes, engages in, sanctions, recognizes, or assists in any
violation of this Article. The Company will not engage in any lockouts during
the term of this Agreement.
ARTICLE XXI - LEGISLATION
In the event laws are passed which conflict with any provisions of this
Agreement, or any provision or provisions of this Agreement shall be declared
void in whole or in part, or shall be declared not to affect any employee or
employees by law or final decision by competent authority, then such provisions
or parts thereof shall be eliminated here from and the matter covered by such
eliminated provisions may be reopened for negotiation, but the remaining
provisions of the Agreement shall remain in full force and effect.
ARTICLE XXII - COPIES
A copy of the labor agreement will be provided each full time employee
by the Company. Copies of the Pension and Insurance Plans will be provided to
each full time employee by the Company.
25
27
ARTICLE XXIII - PAST PRACTICE
All previous side letters, and ad hoc agreements and informal
understandings or past practices are hereby revoked, withdrawn and canceled and
none shall survive the execution of this contract and no provision shall have
any force or effect whatsoever either as past practice, special written
agreement, oral agreement, informal understanding or otherwise unless expressly
contained herein.
ARTICLE XXIV - SCOPE OF AGREEMENT
This Labor Agreement, Group Insurance Plan and Pension Plan together
contain all the obligations and restrictions imposed upon each of the parties
during their respective terms. It is the intent of the parties that these
documents have settled all issues between them and all collective bargaining
obligations for the terms of the Labor Agreement (and for the terms of the Group
Insurance Plan relative to insurance and the Pension Plan relative to pensions)
and that no change shall be made in the Labor Agreement and these two plans
prior to the expiration thereof except by mutual written consent or as may be
provided within these documents, or as required by law.
ARTICLE XXV - TERMS OF AGREEMENT
After ratification by the members of the Local Union D476, this
Agreement shall become effective and remain in force and effect and be binding
upon the parties hereto from July 31, 1998, to and including July 31, 2003, and
it shall continue to be in full force and effect thereafter from year to year
until either party on or before May 1, of any year, beginning May 1, 2003, gives
written notice to the other party of its desire or intention either to alter and
modify or terminate the same. If such notice is given, the parties hereto shall
begin negotiations not later than June 1 in such year.
26
28
IN WITNESS WHEREOF, this Agreement between the parties, has been
executed by their duly authorized representatives on this 31st day of July,
1998.
UNITED CEMENT, LIME, GYPSUM
AND ALLIED WORKER, DIVISION
LOCAL LODGE NO. D476 BOILER- SOUTHDOWN, INC.
MAKERS INTERNATIONAL UNION ODESSA PLANT
AFL-CIO
BY: BY:
------------------------------- -------------------------------------
▇▇▇▇▇▇▇▇ "▇▇▇▇"▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
BY: BY:
------------------------------- -------------------------------------
▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇
BY: BY:
------------------------------- -------------------------------------
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
BY:
-------------------------------
▇▇▇▇▇ ▇▇▇▇▇
27
29
APPENDIX A
ODESSA
WAGE SCHEDULE
8/1/98 8/1/00 8/1/01 8/1/02
------ ------ ------ ------
WAGE GROUP ONE
Laborer* $ 11.14 $ 11.39 $ 11.59 $ 11.75
Shift Laborer
Quarry Laborer
WAGE GROUP ONE A
Packhouse Laborer $ 12.34 $ 12.62 $ 12.83 $ 13.02
WAGE GROUP TWO
Mech/Electrical Trainee $ 12.89 $ 13.18 $ 13.43 $ 13.67
Special General Utility
WAGE GROUP THREE
Bulkloader $ 13.69 $ 14.00 $ 14.29 $ 14.58
Crusher Operator
Equipment Operator-Quarry**
WAGE GROUP FOUR
Equipment Operator (Prod) $ 14.83 $ 15.17 $ 15.52 $ 15.86
Quarry Lube/Mechanic
WAGE GROUP FIVE
Production Utility $ 15.71 $ 16.06 $ 16.46 $ 16.86
Maintenance Mechanic "B"
Quarry Utility
Driller
WAGE GROUP FIVE A
Heavy Equipment Operator*** $ 16.03 $ 16.39 $ 16.82 $ 17.27
28
30
WAGE GROUP SIX
Maintenance Journeyman $ 16.46 $ 16.83 $ 17.27 $ 17.72
Asst. Process Control Oper
WAGE GROUP SEVEN
Mobile Equipment/Mechanic $ 17.00 $ 17.38 $ 17.86 $ 18.36
Maintenance Journeyman/Welder
WAGE GROUP SEVEN A
Process Control Operator $ 17.29 $ 17.68 $ 18.19 $ 18.74
WAGE GROUP EIGHT
Instrument/Electrician/ $ 17.84 $ 18.24 $ 18.79 $ 19.38
Programmer
Note: In August of 1999 a one thousand dollar ($1,000.00) bonus will be
paid to each permanent employee.
The above wage schedule and corresponding rates shall apply to all new hires and
any employee who bids and is awarded a different job other than the one in which
he was red circled on the effective date of this Agreement.
*Laborers will be hired at a starting rate of $10.00 for the term of their
probationary period.
**▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, current Equipment Operators -
Quarry, will be grandfathered in Group 4 as long as they hold the position.
***▇▇▇▇▇ ▇▇▇▇▇, current Heavy Equipment Operator - Quarry, will be grandfathered
in Group 6 as long as he holds the position.
GAINSHARING
The employees will participate in a gainsharing program developed by
the Company.
29
31
APPENDIX B
Section 1. Health and Welfare
On a voluntary participation basis, the Company will provide Health and
Welfare Coverage identical to the Southdown, Inc., Plan for Salaried employees
and all amendments thereto during the life of this Agreement. For those
selecting to participate, the cost of employee coverage will be as follows:
Employee Only $ 30.00
Employee & Children $ 50.00
Employee & Spouse $ 60.00
Employee & Family $ 70.00
Southdown employees who retire directly from the Company will be
eligible for retiree medical and life insurance benefits only after reaching age
62 and fifteen (15) years of service. Future increases in retiree health care
costs beyond the 1993 cost levels will be the responsibility of covered
retirees.
The Union and each employee covered by this Agreement will be provided
a copy of the Health and Welfare Plan.
a. Life Insurance - The Company will provide life insurance coverage at
no cost to the employee. An employee's life insurance is an amount equal to
twice (2X) his/her base hourly rate multiplied by 2,080 hours. Adjustments for
life insurance due to wage changes are made once per year at the beginning of
the year.
b. Accidental Death and Dismemberment - The Company will provide
accidental death and dismemberment benefit at no cost to the employee. An
employee's accidental death and dismemberment benefit is an amount equal to
twice (2X) his/her base hourly rate multiplied by 2,080 hours. Adjustments for
accidental death and dismemberment benefit due to wage changes are made once per
year at the beginning of the year.
30
32
Section 2. - Company Provided Benefits
a. Southdown Inc. Retirement Savings Plan {401(k)}
On a voluntary participation basis, the Company will provide the Southdown, Inc.
Retirement Savings Plan and all amendments thereto during the life of this
Agreement on the same basis the Plan is provided to other Southdown Inc.
employees.
b. Long Term Disability
On a voluntary participation basis, the Company will provide the long term
disability insurance, and all amendments thereto during the life of this
Agreement on the same basis the long term disability insurance is provided to
other Southdown Inc. employees.
31
33
APPENDIX C
Section 1. - Pension
Normal Retirement Pension.
The monthly amount of the normal retirement pension on a single life
basis for retirements after March 31, 1991 and before April 1, 1996, shall be
the greater of (a) or (b).
(a) $24.00 multiplied by the participant's period of service (in
years and fractions thereof), but only for service prior to
April 1, 1996.
(b) an amount computed as follows:
(i) 1% of the participant's average monthly compensation
multiplied by his period of service (in years and
fractions thereof); plus
(ii) .65% of the participant's average monthly
compensation to the extent that it exceeds covered
compensation multiplied by his period of service (in
years and fractions thereof) to a maximum of 35
years.
Average monthly compensation shall be the result obtained by dividing
total base pay (up to 2,080 hours of base pay each year) received in each of
five consecutive plan years by 60. (Effective 08/01/94 gainsharing earnings will
be included as part of base pay.) Covered compensation for a plan year means
1/12th of the average of the Social Security taxable wage bases for the 35-year
period ending with the last day of the calendar year in which the participant
attains (or will attain) Social Security retirement age (generally age 65).
The monthly amount of the normal retirement pension on a single life
basis for retirements after March 31, 1996 shall be the greater of (a)
calculated only as of July 31, 1996, or (b).
The pension formula used by the Southdown, Inc. Pension Plan adjusts
automatically for wage inflation and is designed to achieve along with social
security a wage replacement percentage of 50% - 60% for a 30-year employee.
Early Retirement
A participant may elect to retire and commence receiving a pension
benefit prior to attainment of normal retirement age as follows:
32
34
With respect to the minimum benefit calculated in (a) above (the
"Minimum Benefit"), any participant who has 10 years of service and has attained
55 years of age and who elects to retire and commence receiving pension benefits
prior to his 65th birthday shall be entitled to receive a pension amount equal
to his Minimum Benefit reduced by three-tenths of one percent (0.3%) for each
month by which his actual retirement date precedes normal retirement date.
Any participant who has accumulated a minimum of 30 years continuous
years of service may elect to retire and immediately commence receiving pension
benefits equal to the Minimum Benefit without regard to attained age.
With respect to the maximum benefit calculated in (b) above (the
"Maximum Benefit"), any participant who has 5 years of service and has attained
55 years of age and who elects to retire and commence receiving pension benefits
prior to his 65th birthday shall be entitled to receive a pension a Maximum
Benefit reduced by five-ninths of one percent for each month up to 60 months by
which his actual retirement date precedes normal retirement date, and
additionally by five-eighteenths of one percent for each month over 60 months by
which his actual retirement date precedes normal retirement date.
Plan Termination
In the event the plan is terminated, that the accrued benefit of each
participant will become fully vested and nonforfeitable. Assets will be
allocated in accordance with Section 4040(a) of ERISA. Any assets in excess of
amounts allocated in accordance with Section 4044(a) of ERISA would revert to
the Company subject to applicable IRS and PBGC rules.
Subject to ERISA Section 4044(a), and any applicable regulations of the
IRS and PBGC, distribution of benefits to participants on plan termination would
be made, in whole or part, to the extent that no discrimination in value
results, in cash, in securities or other assets in kind, or in nontransferable
annuity contracts.
33
35
APPENDIX D
SICKNESS AND ACCIDENT BENEFITS
If a permanent employee (non-probationary/non-temporary) is absent from work due
to disability, sickness and accident benefits are payable. The disability must
prevent the employee from performing the duties of the job because of a
non-occupational sickness or injury. This benefit is payable if confined to a
hospital or home.
After a waiting period of five (5) consecutive work days (waived if the employee
is hospitalized as an in-patient or absent five (5) consecutive work days), the
disability benefits are payable at a rate of fifty-five dollars ($55) per day
for a maximum of five days per week. A disabled employee may receive weekly
sickness and accident benefits during the period of disability, not to exceed
five (5) months. It is the employee's responsibility to make application for
this benefit and the attending physician must document the nature of the
disability and expected date of return to work.
No benefits shall be payable for the following:
1. disability which you are not under the direct care of a
licensed physician;
2. sickness or injury which is purposefully self-inflicted while
sane or insane;
3. disability due to an injury arising out of the course of
employment;
4. disability due to disease which benefits are payable under
Worker's Compensation, Occupational Disease or similar law.
This benefit terminates upon retirement or upon termination of employment.
34
36
▇. ▇. ▇▇▇▇▇▇▇
Director
Employee Relations
August 26, 1998
▇▇. ▇▇▇▇▇▇▇▇ "Nick" ▇▇▇▇▇
International Representative - IBB
▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Re: Letter of Understanding
Retirement Medical Insurance
Dear ▇▇. ▇▇▇▇▇:
In our previous labor agreement, the Company agreed to increase its monthly
contribution toward future retiree medical benefits by 7.5% over the capped 1993
cost levels. Based on our discussions during the 1998 negotiations, the Company
agrees to increase its contribution up to 2.5% on an annual basis for any
calendar year in which the Company requires an increased contribution for
medical benefits by retirees during the life of the new agreement.
Sincerely,
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Director, Employee Relations
BMR:km
cc: S.M. ▇▇▇▇▇
▇.▇. ▇▇▇▇▇▇▇
35
37
▇. ▇. ▇▇▇▇▇▇▇
Director
Employee Relations
August 26, 1998
▇▇. ▇▇▇▇▇▇▇▇ "▇▇▇▇" ▇▇▇▇▇
International Representative - IBB
▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Re: Letter of Understanding
Holidays Occurring During Vacation
Dear ▇▇. ▇▇▇▇▇:
Pursuant to our discussions during 1998 Odessa Labor Contract Negotiations, the
Company agrees to continue the existing practice regarding holidays that occur
during employees' vacation. That practice is, that if an employee takes a week
of vacation during which a holiday occurs and the employee wants the preceding
Friday or following Monday off in lieu of holiday pay, that employee may request
it of his supervisor. If the supervisor grants it, the employee may take it,
otherwise the employee does not get the additional day off for the holiday.
Sincerely,
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Director, Employee Relations
BMR:km
cc: S. M. ▇▇▇▇▇
▇. ▇. ▇▇▇▇▇▇▇
36
38
▇. ▇. ▇▇▇▇▇▇▇
Director
Employee Relations
August 26, 1998
▇▇. ▇▇▇▇▇▇▇▇ "▇▇▇▇" ▇▇▇▇▇
International Representative - IBB
▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Re: Letter of Understanding
New Employees Medical Coverage
Dear ▇▇. ▇▇▇▇▇:
Pursuant to our discussions during the 1998 Odessa Labor Contract Negotiations,
the Company agrees that new employees hired into the bargaining unit will be
eligible for coverage for medical benefits after they have been employed for 90
consecutive calendar days.
Sincerely,
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Director, Employee Relations
BMR:km
cc: S. M. ▇▇▇▇▇
▇. ▇. ▇▇▇▇▇▇▇
37
39
▇. ▇. ▇▇▇▇▇▇▇
Director
Employee Relations
August 27, 1998
▇▇. ▇▇▇▇▇▇▇▇ "▇▇▇▇" ▇▇▇▇▇
International Representative - IBB
▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Re: Letter of Understanding
Eight Hour Rest
Dear ▇▇. ▇▇▇▇▇:
Pursuant to our discussion during the 1998 Odessa Labor Contract Negotiations,
the Company agrees to continue the practice of allowing an employee at least
eight (8) hours of rest time prior to reporting to his regular shift from the
time he leaves work on an extended call-out or if he is held over and works in
excess of sixteen (16) continuous hours.
Sincerely,
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Director, Employee Relations
BMR:km
cc: S. M. ▇▇▇▇▇
▇. ▇. ▇▇▇▇▇▇▇
38
40
▇. ▇. ▇▇▇▇▇▇▇
Director
Employee Relations
July 24, 1998
▇▇. ▇▇▇▇▇▇▇▇ "▇▇▇▇" ▇▇▇▇▇
International Representative - IBB
▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Re: Letter of Understanding
Alternative Work Schedule
Dear ▇▇. ▇▇▇▇▇:
Pursuant to our discussion during 1998 Odessa Labor Contract Negotiations, the
parties may agree to develop, initiate and trial alternative work schedules for
certain employees at the Odessa Plant. Such alternative work schedules may
include, but would not be limited to, four-day week 10-hour day schedules and 4
x 4 continuous 12-hour shift schedules. It is understood that current practices
and contract language regarding practices such as shift premiums, overtime pay
procedures, vacation scheduling, paid time away from work, etc. may have to be
modified for those employees affected by the new schedule(s) and would require
mutual agreement.
Sincerely,
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Director, Employee Relations
cc: S.M. ▇▇▇▇▇
▇.▇. ▇▇▇▇▇▇▇
39
41
▇. ▇. ▇▇▇▇▇▇▇
Director
Employee Relations
THIS LETTER NOT TO BE INCLUDED IN FINAL PRINTING OF CONTRACT.
August 28, 1998
▇▇. ▇▇▇▇▇▇▇▇ "▇▇▇▇" ▇▇▇▇▇
International Representative - IBB
▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇:
During the 1998 Odessa Labor Contract negotiations the company agreed to make
certain changes contingent upon the ratification of the new Labor Agreement by
August 31, 1998. Those changes are listed below:
- Article 8, Section 4 - Overtime pyramiding
- Pay for time lost by negotiation committee up to 40 hours per
week
- $1,000.00 ratification bonus
- Retroactive calculation of base wage increases to August 1,
1998.
This confirms that these tentative agreements will be withdrawn if the union
advises the company that the Agreement failed ratification by August 31, 1998.
We ask that the union committee advise ▇▇▇▇▇ ▇▇▇▇▇ of the result the week of
August 31, 1998.
Sincerely,
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Director, Employee Relations
cc: S.M. ▇▇▇▇▇
▇.▇. ▇▇▇▇▇▇▇
40