Common use of Contract Re-opener Clause in Contracts

Contract Re-opener. The Company will introduce a new incentive pay plan during the term of this agreement. The Plan is called "Pay Plus". Certain features of the Plan remain undetermined as of October 15, 1997. Therefore, the parties agree that during the term of this agreement there will be a limited re-opener regarding aspects of the Plan. The Company will notify the Union not less than forty-five (45) days prior to the implementation date of the Pay Plus Plan at the Piscataway facility. During this forty-five (45) days period, the Company and Union will meet to discuss such Pay Plus matters as (but not limited to) base rates, rates paid to successful bidders and employees affected by layoffs, average rate computations, borrowed man rates, movement within pay ranges, starting rates, wage ranges, pay rates for non work time such as vacations, holidays, jury duty and bereavement, grieving new standards and revisions to Article IX Standard Allowed Hour. The forty-five (45) day period may be extended by mutual agreement. Notwithstanding Article V, if agreement is not reached regarding the matters to be discussed during the forty-five (45) days or extension thereof, the parties are free to exercise their rights to engage in activity in support of their respective positions. In the case of the Union this shall include, but not be limited to, a strike or other legal means in support of its position. In the case of the Company this shall include, but not be limited to, implementation of the Plan, a lockout, and/or in the case of a strike, the hiring of replacements. The right to strike shall not give rise to a sympathy strike in support of employees at other Simmons plants where the Pay Plus Plan is implemented or in the procxxx xx being implemented. Further, the Union agrees to provide a ten (10) day written notice prior to the commencement of a strike; and the Company agrees to provide a ten (10) day written notice prior to the commencement of a lockout. The parties agree that a Pay Plus Plan was implemented under Article XXVI of the Labor Agreement with the term on October 16, 1997 until October 15, 2001. The parties further recognize that a new but yet unnamed Pay Plan is being designed and will not be completed prior to conclusion of negotiations or the expiration of the current agreement. Therefore, the parties will continue to abide by the provisions of Article XXVI Contract Re-Opener and Appendix IV, Piscataway Pay Plus Bonus Plan, language during the term of the new or successor agreement and when a new Pay Plan is introduced the parties will abide by the terms and conditions of Article XXVI in the same manner as they did when the Pay Plus Plan was introduced. Finally, nothing in this re-opener provision should be construed as limiting the Company's rights under Article IX.

Contract Re-opener. The Company will introduce a new incentive pay plan during the term of this agreementAgreement. The Plan is called "Pay Plus". Certain features of the Plan remain undetermined as of October 15, 1997. Therefore, the parties agree that during the term of this agreement Agreement there will be a limited re-opener regarding aspects of the Plan. The Company will notify the Union not less than forty-five (45) days prior to the implementation date of the Pay Plus Plan at the Piscataway Columbus facility. During this forty-five (45) days period, the Company and Union will meet to discuss such Pay Plus matters as (but not limited to) base rates, rates paid to successful bidders and employees affected by layoffs, average rate computations, borrowed man rates, movement within pay ranges, starting rates, wage ranges, pay rates for non work time such as vacations, holidays, jury duty and bereavement, grieving new standards and revisions to Article IX Standard Allowed Hour. The forty-five (45) day period may be extended by mutual agreement. Notwithstanding Article V, if agreement is not reached regarding the matters to be discussed during the forty-five (45) days or extension thereof, the parties are free to exercise their rights to engage in activity in support of their respective positions. In the case of the Union this shall include, but not be limited to, a strike or other legal means in support of its position. In the case of the Company this shall include, but not be limited to, implementation of the Plan, a lockout, and/or in the case of a strike, the hiring of replacements. The right to strike shall not give rise to a sympathy strike in support of employees at other Simmons plants where the Pay Plus Plan is implemented or in the procxxx xx being implemented. Further, the Union agrees to provide a ten (10) day written notice prior to the commencement of a strike; and the Company agrees to provide a ten (10) day written notice prior to the commencement of a lockout. The parties agree that a Pay Plus Plan was implemented under Article THE PARTIES AGREE THAT A PAY PLUS PLAN WAS IMPLEMENTED UNDER ARTICLE XXVI of the Labor Agreement with the term on October OF THE LABOR AGREEMENT WITH A TERM OF OCTOBER 16, 1997 until October UNTIL OCTOBER 15, 2001. The parties further recognize that a new but yet unnamed Pay Plan is being designed and will not be completed prior to conclusion of negotiations or the expiration of the current agreementTHE PARTIES FURTHER RECOGNIZE THAT A NEW BUT YET UNNAMED PAY PLAN IS BEING DESIGNED AND WILL NOT BE COMPLETED PRIOR TO CONCLUSION OF NEGOTIATIONS OR THE EXPIRATION OF THE CURRENT AGREEMENT. ThereforeTHEREFORE THE PARTIES WILL CONTINUE TO ABIDE BY THE PROVISIONS OF ARTICLE XXVI CONTRACT RE-OPENER AND THE MARCH 30, the parties will continue to abide by the provisions of Article 1999 COLUMBUS PLANT "PAY PLUS BONUS" LANGUAGE DURING THE TERM OF THE NEW SUCCESSOR AGREEMENT AND WHEN A NEW PAY PLAN IS INTRODUCED THE PARTIES WILL ABIDE BY THE TERMS AND CONDITIONS OF ARTICLE XXVI Contract Re-Opener and Appendix IV, Piscataway Pay Plus Bonus Plan, language during the term of the new or successor agreement and when a new Pay Plan is introduced the parties will abide by the terms and conditions of Article XXVI in the same manner as they did when the Pay Plus Plan was introducedIN THE SAME MANNER AS THEY DID WHEN THE PAY PLUS PLAN WAS INTRODUCED. Finally, nothing in this re-opener provision should be construed as limiting the Company's rights under Article IX.

Contract Re-opener. The Company will introduce a new incentive pay plan during the term of this agreementAgreement. The Plan is called "Pay Plus". Certain features of the Plan remain undetermined as of October 15, 1997. Therefore, the parties agree that during the term of this agreement Agreement there will be a limited re-opener regarding aspects of the Plan. The Company will notify the Union not less than forty-five (45) days prior to the implementation date of the Pay Plus Plan at the Piscataway Atlanta facility. During this forty-five (45) days period, the Company and Union will meet to discuss such Pay Plus matters as (but not limited to) base rates, rates paid to successful bidders and employees affected by layoffs, average rate computations, borrowed man rates, movement within pay ranges, starting rates, wage ranges, pay rates for non work time such as vacations, holidays, jury duty and bereavement, grieving new standards and revisions to Article IX Standard Allowed Hour. The forty-five (45) day period may be extended by mutual agreement. Notwithstanding Article V, if agreement is not reached regarding the matters to be discussed during the forty-five (45) days or extension thereof, the parties are free to exercise their rights to engage in activity in support of their respective positions. In the case of the Union this shall include, but not be limited to, a strike or other legal means in support of its position. In the case of the Company this shall include, but not be limited to, implementation of the Plan, a lockout, and/or in the case of a strike, the hiring of replacements. The right to strike shall not give rise to a sympathy strike in support of employees at other Simmons plants where the Pay Plus Plan is implemented or in the procxxx xx being implemented. Further, the Union agrees to provide a ten (10) day written notice prior to the commencement of a strike; and the Company agrees to provide a ten (10) day written notice prior to the commencement of a lockout. The parties agree that a Pay Plus Plan was implemented under Article XXVI XXXI of the Labor Agreement with the term on October 16, 1997 until October 15, 2001. The parties further recognize that a new but yet unnamed Pay Plan is being designed and will not be completed prior to conclusion of negotiations or the expiration of the current agreement. Therefore, the parties will continue to abide by the provisions of Article XXVI XXXI Contract Re-Opener and Appendix IV, Piscataway Atlanta Pay Plus Bonus PlanAddendum August 31, 1998, language during the term of the new or successor agreement and when a new Pay Plan is introduced the parties will abide by the terms and conditions of Article XXVI XXXI in the same manner as they did when the Pay Plus Plan was introduced. Finally, nothing in this re-opener provision should be construed as limiting the Company's rights under Article IX.

Contract Re-opener. The Company COMPANY will introduce a new incentive pay plan during the term of this agreement. The Plan is called "Pay Plus". ." Certain features of the Plan remain undetermined as of October 15, 1997. Therefore, the parties agree that during the term of this agreement there will be a limited re-opener regarding aspects of the Plan. The Company COMPANY will notify the Union UNION not less than forty-five (45) days prior to the implementation date of the Pay Plus Plan at the Piscataway Los Angeles facility. During this forty-five (45) days period, the Company COMPANY and Union UNION will meet to discuss such Pay Plus matters as (but not limited to) base rates, rates paid to successful bidders and employees affected by layoffs, average rate computations, borrowed man rates, movement within pay ranges, starting rates, wage ranges, pay rates for non work time such as vacations, holidays, jury duty and bereavement, grieving new standards and revisions to Article IX Standard Allowed Hour. The forty-five (45) day period may be extended by mutual agreement. Notwithstanding Article V, if agreement is not reached regarding the matters to be discussed during the forty-five (45) days or extension thereof, the parties are free to exercise their rights to engage in activity in support of their respective positions. In the case of the Union UNION this shall include, but not be limited to, a strike or other legal means in support of its position. In the case of the Company COMPANY this shall include, but not be limited to, implementation of the Plan, a lockout, and/or in the case of a strike, the hiring of replacements. The right to strike shall not give rise to a sympathy strike in support of employees at other Simmons COMPANY plants where the Pay Plus Plan is implemented or in the procxxx xx process of being implemented. Further, the Union UNION agrees to provide a ten (10) day written notice prior to the commencement of a strike; and the Company COMPANY agrees to provide a ten (10) day written notice prior to the commencement of a lockout. The parties agree that a Pay Plus Plan plan was implemented under Article XXVI of the Labor Agreement with the a term on of October 16, 1997 until October 15, 2001. The parties further recognize that a new but yet unnamed Pay Plan is being designed and will not be completed prior to conclusion of negotiations or the expiration of the current agreementprior. Therefore, the parties will continue to abide by the provisions of Article XXVI Contract Re-Opener and Appendix IVthe "October 14, Piscataway 1998 Los Angeles Plant Pay Plus Bonus Plan, Addendum" language during the term of the new or successor agreement 40 and when a new Pay Plan is introduced the parties will abide by the terms and conditions of Article XXVI in the same manner as they did when the Pay Plus Plan was introduced. Finally, nothing in this re-opener provision should be construed as limiting the Company's COMPANY'S rights under Article IX.

Contract Re-opener. The Company will introduce a new incentive pay plan during the term of this agreement. The Plan is called "Pay Plus". Certain features of the Plan remain undetermined as of October 15, 1997. Therefore, the parties agree that during the term of this agreement there will be a limited re-opener regarding aspects of the Plan. The Company will notify the Union not less than forty-five (45) days prior to the implementation date of the Pay Plus Plan at the Piscataway Dallas facility. During this forty-five (45) days period, the Company and Union will meet to discuss such Pay Plus matters as (but not limited to) base rates, rates paid to successful bidders and employees affected by layoffs, average rate computations, borrowed man rates, movement within pay ranges, starting rates, wage ranges, pay rates for non work time such as vacations, holidays, jury duty and bereavement, grieving new standards and revisions to Article IX Standard Allowed Hour. The forty-five (45) day period may be extended by mutual agreement. Notwithstanding Article V, if agreement is not reached regarding the matters to be discussed during the forty-five (45) days or extension thereof, the parties are free to exercise their rights to engage in activity in support of their respective positions. In the case of the Union this shall include, but not be limited to, a strike or other legal means in support of its position. In the case of the Company this shall include, but not be limited to, implementation of the Plan, a lockout, and/or in the case of a strike, the hiring of replacements. The right to strike shall not give rise to a sympathy strike in support of employees at other Simmons Xxxxxxx plants where the Pay Plus Plan is implemented or in the procxxx xx process of being implemented. Further, the Union agrees to provide a ten (10) day written notice prior to the commencement of a strike; and the Company agrees to provide a ten (10) day written notice prior to the commencement of a lockout. The parties agree that a Pay Plus Plan was implemented under Article XXVI XXXI of the Labor Agreement with the term on October 16, 1997 until October 15, 2001. The parties further recognize that a new but yet unnamed Pay Plan is being designed and will not be completed prior to conclusion of negotiations or the expiration of the current agreement. Therefore, the parties will continue to abide by the provisions of Article XXVI XXXI Contract Re-Opener and Appendix IVthe September 15, Piscataway 1998 Dallas Pay Plus Bonus Plan, Addendum language during the term of the new or successor agreement and when a new Pay Plan is introduced the parties will abide by the terms and conditions of Article XXVI XXXI in the same manner as they did when the Pay Plus Plan was introduced. Finally, nothing in this re-opener provision should be construed as limiting the Company's rights under Article IX.