Agreement Between RBC Heim Bearings And Local No. 376 International Union, United Automobile, Aerospace and Agricultural Implement Workers Of America Effective from February 1, 2008 To midnight January 31, 2013
Exhibit
10.5
Between
RBC
Xxxx
Bearings
And
Local
No.
376
International
Union,
United
Automobile,
Aerospace
and Agricultural
Implement
Workers
Of
America
Effective
from February 1, 2008
To
midnight January 31, 2013
|
ARTICLE
|
INDEX
SUBJECT
|
PAGE
|
|
11
|
Arbitration
Procedure
|
16
|
|
Assignability
|
2
|
|
|
14
|
Bereavement
Pay
|
19
|
|
10
|
Call
Time
|
16
|
|
D
|
Check-Off
|
3
|
|
16
|
Discharge
Notice
|
20
|
|
D
|
Dues,
Fees - Union
|
3
|
|
22
|
Duplication
of compensation
|
23
|
|
22
|
Educational
Assistance
|
23
|
|
A
|
Employees
Covered
|
2
|
|
22
|
Equal
Pay Equal Work
|
22
|
|
11
|
Grievance
Committee
|
16
|
|
12
|
Health
and Safety
|
18
|
|
2
|
Holidays/Holiday
Pay
|
7
|
|
1
|
Hours
of work
|
5
|
|
23
|
Insurance
Program Changes
|
23
|
|
6
|
Job
Posting
|
12
|
|
15
|
Jury
Duty
|
20
|
|
8
|
Layoff-Recalls
|
14
|
|
13
|
Leadperson
|
19
|
|
9
|
Leave
of Absence
|
15
|
|
19
|
Lockouts
|
21
|
|
18
|
Management
|
21
|
|
C
|
Membership
in Union
|
2
|
|
Memos
of Understanding
|
27-30
|
|
|
9
|
Military
Service
|
15
|
|
21
|
Non-covered
Employees
|
22
|
|
22
|
Non-discrimination
|
22
|
|
1
|
Overtime
|
5
|
|
20
|
Paid
Sick or Personal Leave
|
21
|
|
22
|
Part
Time Employees
|
22
|
|
24
|
Plant
Closure Agreement
|
25
|
|
Preamble
|
2
|
|
|
23
|
Premium
Conversion
|
24
|
|
5
|
Probationary
Employees
|
11
|
|
8
|
Recall
|
14
|
|
B
|
Recognition
Clause
|
2
|
|
5
|
Seniority
|
10
|
|
3
|
Shift
Premium
|
8
|
|
22
|
Subcontracting
|
23
|
|
8
|
Super
Seniority
|
15
|
|
22
|
Supervisory
Representatives
|
22
|
|
7
|
Temporary
Transfers
|
13
|
|
25
|
Termination
Date
|
25
|
|
5
|
Trans.
Out of Bargaining Unit
|
11
|
|
22
|
Union
Business
|
23
|
|
17
|
Union
Cooperation
|
20
|
|
C
|
Union
Security
|
2
|
|
4
|
Vacations
|
9
|
|
3
|
Wages
and Rates of Pay
|
8
|
|
Appendix
A
|
Wage
Schedules
|
31-36
|
-2-
TABLE
OF CONTENTS
|
ARTICLE
|
PAGE
|
|
|
Preamble
|
2
|
|
|
Assignability
|
2
|
|
|
A
|
Employees
Covered By This
|
|
|
2
|
||
|
B
|
Recognition
|
2
|
|
C
|
Union
Security
|
2
|
|
D
|
Check-Off
|
3
|
|
1
|
Hours
and Overtime
|
5
|
|
2
|
Holidays
|
7
|
|
3
|
Wages
and Rates of Pay
|
8
|
|
4
|
Vacations
|
9
|
|
5
|
Seniority
|
10
|
|
6
|
Job
Posting
|
12
|
|
7
|
Temporary
Transfers
|
13
|
|
8
|
Layoff-Recalls
|
14
|
|
9
|
Leave
of absence - Emergency
|
|
|
Time
Off
|
15
|
|
|
10
|
Call
time
|
16
|
|
11
|
Committeepersons,
Grievance
|
|
|
and
Arbitration Procedure
|
16
|
|
|
12
|
Health
and Safety
|
18
|
|
13
|
Leadperson’s
Scope
|
00
|
|
00
|
Xxxxxxxxxxx
Xxx
|
00
|
|
00
|
Jury
Duty
|
20
|
|
16
|
Notice
of Discharge
|
20
|
|
17
|
Union
Cooperation
|
20
|
|
18
|
Management
|
21
|
|
19
|
No
Strikes or Lockouts
|
21
|
|
20
|
Paid
Sick and/or Personal
|
|
|
Leave
Xxxxxxxxx
|
00
|
|
|
00
|
Non-Covered
Employees
|
22
|
|
22
|
General
Provisions
|
22
|
|
23
|
Insurance
Programs
|
23
|
|
24
|
Plant
Closure Agreement
|
25
|
|
25
|
Termination
Date
|
25
|
|
Memoranda
of Understanding
|
27-30
|
|
|
Appendix
A
|
Wage
Schedules
|
31-36
|
-3-
STATEMENT
OF EEO POLICY
It
is the
policy of Xxxx Bearings and the UAW to uphold and maintain a continuing
nondiscriminatory “Equal Employment Opportunity” policy. Our goal shall be a
realistic attempt to insure genuine equal opportunity, in every sense of its
meaning, in every operational area.
“Equal
Employment Opportunity” will be maintained for all present employees, as well as
applicants applying for positions with this company, through the following
Corporation policy: “It is the policy through a positive and continuing program,
to provide equal opportunity in employment for all qualified persons, to
prohibit discrimination in employment because of age, race, creed, color, sex,
handicap, national origin, disabled veterans and veterans of the Vietnam era,
and to promote the full realization of equal employment opportunity. The program
also extends to and encompasses the providing of equal opportunity in employment
for all qualified personnel without regard to politics or marital
status.
It
is our
intent to incorporate a strong EEO policy throughout virtually every personnel
activity or function to assure full utilization of all available human resources
and to review these policies on a semi-annual basis.”
PREAMBLE
This
Agreement is entered into this 19th
day of November, 2007
by and
between Xxxx Bearing division, Roller Bearing Company, hereinafter called the
COMPANY, AND THE INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, U.A.W., AND AMALGAMATED LOCAL 376,
UAW, the certified bargaining representative of all employees in the appropriate
unit, a signatory party hereto, hereinafter referred to as the
UNION.
ASSIGNABILITY
This
Agreement shall be binding upon the Successors and Assignees of the parties
hereto, and no provisions, terms, or obligations herein contained shall be
affected, modified, altered or changed in any respect whatsoever by any change
in the regular status, ownership or management of either party herein, provided
the plant and facilities of the Company remain within the State of Connecticut.
In the event the present owners sell or assign the plant, or sell their interest
in the business, the present owners agree to make this Agreement a condition
of
such sale or assignment, provided such sale or assignment contemplates that
the
plant and facilities of the Company will remain within the State of Connecticut,
and the present owners shall be relieved of any personal liability whatsoever
under the Agreement thereafter.
ARTICLE
A
EMPLOYEES
COVERED BY THIS
Section
1.
The
Company recognizes the Union as the sole and exclusive bargaining agency of
the
following employees: all production and maintenance employees, including
stockroom employees and tool clerks, also shipping and receiving clerks,
excluding, however, engineering and clerical employees and supervisory employees
as defined in the Labor-Management Relations Act of 1947, and any amendments
thereto.
ARTICLE
B
RECOGNITION
Section
1. The
Union
represents that it has been authorized by a majority of the Company’s employees
in a unit appropriate for such purposes, as the representative designated or
selected for the purpose of collective bargaining in respect to rates of pay,
wages, hours of employment, or other conditions of employment.
ARTICLE
C
UNION
SECURITY
Section
1. All
present employees within the Bargaining Unit on the effective date of this
Agreement shall, within thirty days thereafter, as a condition of employment,
become and/or remain members of the Union in good standing to the extent of
paying membership dues and initiation fees.
-2-
Section
2. Employees
in the bargaining Unit who have not on the effective date of this Agreement
completed thirty days of employment with the Company shall, as a condition
of
employment, within thirty days after the effective date of this Agreement or
at
the expiration of thirty days of employment, whichever period is longer, become
and remain members of the Union in good standing to the extent of paying
membership dues and initiation fees.
Section
3. All
new
employees hired during the life of this Agreement shall, as a condition of
employment, within thirty days after date of hire or thirty days after the
signing of this Agreement, whichever period is longer, become and remain members
of the Union in good standing to the extent of paying membership dues and
initiation fees.
Section
4. The
Company will give to each present employee a printed copy of this
Agreement.
Section
5. The
Company will give a printed copy of this agreement, together with an
authorization form for check-off of dues to all new hires.
ARTICLE
D
CHECK-OFF
Section
1.
The
Company shall deduct, for employees covered by this Agreement who are members
of
the Union, their Union membership dues and initiation fees levied against all
Union members in accordance with the Constitution and Bylaws of the Union and
promptly remit the same, together with a list of employees for whom deductions
were made, to the Financial Secretary of the Union who is authorized to receive
said payments, provided that the Company has received from such employees
individual and voluntary signed authorizations. Authorization cards shall be
in
the following form:
AUTHORIZATION
FOR CHECK-OFF OF DUES
To
Xxxx
Bearings Division, Roller Bearing Company, Inc.
Date______________________
I
hereby
assign to Local Union No. 376, International Union, United Automobile Aerospace
and Agricultural Implement Workers of America (UAW), from any wages earned
or to
be earned by me as your employee (in my present or in any future employment
by
you), such sums as the Financial Officer of said Local Union No. 376 may certify
as due and owing from me as membership dues, including an initiation or
reinstatement fee and monthly dues in such sum as may be established from time
to time as union dues in accordance with the Constitution of the International
Union, UAW. I authorize and direct you to deduct such amounts from my pay and
to
remit same to the Union at such times and in such manner as may be agreed upon
between you and the Union at any time while this authorization is in
effect.
This
assignment, authorization and direction shall be irrevocable for the period
of
one (1) year from the date of delivery hereof to you, or until the termination
of the collective agreement between the Company and the Union which is in force
at the time of delivery of this authorization, whichever occurs sooner; and
I
agree and direct that this assignment, authorization and direction shall be
automatically renewed and shall be irrevocable for successive periods of one
(1)
year each or for the period of each succeeding applicable collective period
of
each succeeding applicable collective agreement between the Company and the
Union, whichever shall be shorter, unless written notice is given by me to
the
Company and the Union, not more than twenty (20) days and not less than ten
(10)
days prior to the expiration of each period of one (1) year, or of each
applicable collective agreement between the Company and the Union whichever
occurs sooner.
-3-
This
authorization is made pursuant to the provisions of Section 392 (c) of the
Labor
Management Relations Act of 1947 and otherwise.
|
|
||
|
(Signature
of Employee here)
|
||
|
|
||
|
(Type
of print name of employee here)
|
||
|
|
||
|
(Date
of sign.)
|
(Emp.
Clock No.)
|
|
|
|
||
|
(Address
of Employee)
|
||
|
|
||
|
(City)
|
(State)
|
(Zip)
|
|
|
||
|
(Soc.
Sec. No.)
|
(Date
of del. to Employer)
|
|
Section
2. All
deductions covered by this Agreement shall be made in a manner agreed upon
with
the Union, except that dues and initiation fees will be on a monthly basis.
However, local practices, relative to number of hours per month to be worked
before dues deductions shall be made, shall be in accord with the Constitution
of the International Union. If in any month full dues are not deducted, the
Company and Union may agree upon an orderly manner of collection in the
succeeding month or months.
Section
3. All
sums
deducted under the Agreement shall be remitted to the Financial Secretary of
the
local Union, prior to the first of the month following the deduction and the
Company will furnish the financial Secretary of the local Union, monthly, a
record of those for whom deductions have been made, together with the amount
of
such deductions and also a record of all terminations and employees absent
during the week of the check-off.
-4-
ARTICLE
1
HOURS
AND OVERTIME
Section
1. The
normal work week shall be:
|
(a)
|
Forty
(40) hours, based on eight (8) hours per day, five (5) days per week,
Monday through Friday inclusive.
|
|
(b)
|
The
normal work week shall begin on Sunday night at 11:00 p.m. with the
start
of the third (3rd) shift and end 168 hours
later.
|
|
(c)
|
The
first day shall be the 24 hour period beginning with the employees
regular
scheduled shift starting time.
|
| (1) |
First
shift hours 6:00 a.m. to 2:30 p.m.
|
| (2) |
Second
shift hours 3:30 p.m. to midnight
|
| (3) |
Third
shift hours 11:00 p.m. to 7:00 a.m.
|
|
(d)
|
Third
shift employees will be entitled to a paid 20 minute
lunch.
|
|
(e)
|
Friday
will be the third shift’s “Saturday” for overtime pay calculation
purposes.
|
|
(f)
|
Saturday
will be the third shift’s “Sunday” for overtime pay calculation
purposes.
|
|
(g)
|
Third
shift employees will not be required to work overtime prior to the
start
of the shift on Sunday night.
|
|
(h)
|
First
and second shift employees presently working twelve (12) hour shifts
will
revert to the schedules in paragraph (c) respectively in the event
that
the twelve (12) hour shifts are discontinued for any
reason.
|
Section
2. Time
and
one-half shall be paid for all work performed.
| (a) |
In
excess of eight (8) hours in any one
day.
|
| (b) |
In
excess of forty (40) hours in any one
week.
|
| (c) |
On
Saturdays as such.
|
|
(d)
|
Any
employee called in to work outside of the regularly scheduled shift
hours
shall be paid not less than four (4) hours at his/her base rate as
follows:
|
| (1) | Time actually worked at prevailing rate, plus |
|
(2)
|
The
remaining of the four (4) hours not worked at straight time pay unless
it
is a premium day and the premium rate shall
prevail.
|
(e) Double
time will be paid for all work performed on Sundays.
-5-
Section
3. Notification
of Overtime
|
(a)
|
Employees
shall not be required to work overtime when insufficient notice is
given.
Notification at any time prior to the close of the prior day’s shift will
be considered sufficient notice for daily
overtime.
|
|
(b)
|
Employees
will be charged for all overtime hours where proper notification
has been
given, whether the employee works or
not.
|
|
(c)
|
Employees
shall not be required to work Saturday or Sunday overtime when
insufficient notice is given or when there is a reasonable excuse
for not
working. Notice of Saturday of Sunday overtime must be given to the
employee no later than the end of the shift on the preceding
Thursday.
|
Section
4.
|
(a)
|
Overtime
will be equally distributed among those employees within the departments
by classification provided they have the ability to perform the available
overtime work.
|
|
(b)
|
Overtime
records will be maintained in each department next to the work
instructions for employees to inspect at any time. All records will
be
updated weekly.
|
|
(c)
|
Employees
with the lowest overtime hours will be asked to work first within
their
department by job classification.
|
|
(d)
|
Employees
working overtime outside their departments shall be charged for actual
hours worked back to their department for overtime
equalization.
|
|
(e)
|
The
company shall keep a record of overtime worked and overtime refused
by
employees and shall furnish the Union with a copy of such record
at the
end of each month. If the difference in overtime hours worked between
the
employee with the greatest number of overtime hours and the other
employees in the same work classification shall exceed ten (10) hours
at
the end of every three (3) month period, such difference shall be
paid at
time and one-half the other employee’s
regular hourly rate, except when such difference results from the
other
employee’s refusal to work in accordance with this
article.
|
Section
5.
Overtime
hours available will be recorded according to the
following:
|
(a)
|
Overtime
hours offered and refused will be considered hours worked for the
purpose
of equalizing overtime.
|
| (b) |
Employees
absent for any reason will be charged for all overtime hours they
would
have been offered had they been at
work.
|
Section
6. There
shall be no duplication of compensation for overtime for the same hours worked
by an employee by reason of daily, weekly or other overtime provisions of any
kind.
-6-
ARTICLE
2
HOLIDAYS
Section
1.
|
(a)
|
Except
as hereinafter provided, all work done on the holidays set forth
below
shall be paid for at the rate of double time plus holiday pay. The
specified holidays shall also be considered as days worked for the
purpose
of computing overtime pay only.
|
|
Floating
Holiday
|
Labor
Day
|
|
Good
Friday
|
Thanksgiving
Day
|
|
Memorial
Day
|
Friday
after Thanksgiving
|
|
Independence
Day
|
Employee’s
Birthday
|
|
The
Company will provide the following Christmas and New Year’s Holidays with
pay per the following schedule:
|
2008
Dec. 24, 25, 26, 29, 30, 31 and January 1, 2009
2009
Dec. 24, 25, 28, 29, 30, 31 and January 1, 2010
2010
Dec. 24, 27, 28, 29, 30 and 31 (for January 1, 2011)
2011
Dec. 26, 27, 28, 29 and 30 (for January 1, 2012)
2012
December 24, 25, 26, 27, 28, 31 and January 1, 2013
|
(b)
|
It
is understood between the parties that an employee who is off work
receiving sick and accident benefits during a week in which a holiday
falls will be paid such holiday pay in addition to S & A benefits.
Similarly, employees receiving Workers’ Compensation will receive holiday
pay for a period not to exceed the agreed upon time limits for S
& A
coverage.
|
| Section 2. |
When
a holiday falls on a Saturday, it shall be celebrated on the preceding
Friday. When a holiday falls on a Sunday, such holiday shall be celebrated
on the following Monday, excluding Christmas and New Year’s
week.
|
| Section 3. |
The
holidays mentioned above shall be with pay. Consequently, all employees
shall receive an amount equal to eight (8) hours pay at their hourly
rate
for the specified holiday even though no work is performed. In order
to be
eligible for holiday pay, the employees
must:
|
|
(a)
|
Have
been in attendance on the work days preceding and following the holiday
unless the absence is for:
|
|
(1)
|
Death
in the immediate family as defined in Article
9.
|
|
(2)
|
Jury
Duty.
|
|
(3)
|
Important
Union business on the part of stewards, Shop Committee persons, Officers
or Appointees made known to and approved by the Company prior to
such
holidays.
|
|
(4)
|
An
employee who is laid off and again recalled within thirty (30) days,
during which period a paid holiday falls, shall receive holiday pay
for
that holiday.
|
-7-
|
(5)
|
For
other reasonable cause.
|
|
(b)
|
Employees
on twelve (12) hour shifts will revert to their normal eight (8)
hour
shifts and will not be required to work overtime on the day prior
to Good
Friday, Thanksgiving and
|
Independence
Day.
| Section 4. |
When
a holiday falls within a scheduled vacation period, another day off
be
between Monday and Friday will be granted for that vacation day not
taken
or paid for during the vacation
period.
|
| Section 5. |
Employees
on leave of absence shall not be entitled to any holiday pay during
such
leave.
|
ARTICLE
3
WAGES
AND RATES OF PAY
Section
1.
| (a) |
Effective
November 19, 2007, a general wage increase of
3.75%
|
Effective
February 2, 2009, a general wage increase of 3%
Effective
February 1, 2010, a general wage increase of 3%
Effective
February 1, 2011 a general wage increase of 3%
Effective
February 6, 2012 a general wage increase of 4%
|
The
hourly rates of pay shown in Appendix A, and Appendix B attached
hereto
and made a part hereof, shall remain in effect for the life of this
Agreement.
|
|
(b)
|
It
is agreed that during the period of this Agreement, each employee
covered
by this Agreement, shall receive a guaranteed cost of living allowance
which will be added to the employee’s straight time hourly earnings as set
forth in Appendix A of the Agreement. The guaranteed
cost of living increases will be as
follows:
|
|
Hired
before 2/1/96
|
Hired
after 2/1/96
|
||||||||
|
August
4, 2008
|
10
cents
|
15
cents
|
|||||||
|
August
3, 2009
|
10
cents
|
15
cents
|
|||||||
|
August
1, 2010
|
10
cents
|
15
cents
|
|||||||
|
August
1 , 2011
|
10
cents
|
15
cents
|
|||||||
|
August
6, 2012
|
15
cents
|
20
cents
|
|||||||
| (c) |
Should
the effective date of the increases mentioned above fall on a Monday,
Tuesday or Wednesday, the increase specified shall revert to Monday.
Should the increases specified above fall on a Thursday or Friday,
the
increases shall become effective on the following
Monday.
|
-8-
Section
2.
|
Employees
required to work on a shift other than the day shift will be paid
a shift
premium equal to 10% of their hourly rate in addition to their regular
earnings for such hours worked.
|
Section
3.
|
(a)
|
The
Company and the Union have negotiated job descriptions and evaluations
by
Labor Grade. Such descriptions and evaluations are apart of this
Agreement.
|
|
(b)
|
Newly
hired employees will start at the hire rate unless their training,
knowledge or experience justify hiring at a higher rate. They will
progress to the maximum rate by receiving a twenty (20) cent per
hour
increase after each sixty (60) days worked, payable starting in the
nearest Monday. It is recognized that the last raise may be less
than
twenty (20) cents per hour.
|
|
Employees,
still in progression, who are successful bidders on another job in
a
higher labor grade will receive a twenty (20) cent per hour increase
when
they start the new job and then will progress in twenty (20) cent
increments after each sixty (60) days worked until they reach the
maximum.
Rate changes will be made on the nearest Monday. The last raise may
be
less than twenty (20) cents.
|
|
(c)
|
Employees
who are promoted from the maximum rate of one job to a higher paying
job
will receive the maximum rate of the higher job on the date of
promotion.
|
|
(d)
|
Employees
who are at maximum and have been transferred to a higher rated job
and are
later transferred back to a lower rated job will receive the maximum
of
the lower rated
|
job.
|
(e)
|
Employees
who have not progressed to the maximum and who move from a higher
rated
job to a lower rated job will go down to a rate in the lower grade
that is
equivalent to the progression point that they were in the higher
rated
job.
|
|
(f)
|
All
employees currently in Labor Grade
1
|
|
will
be promoted to Labor Grade 2.
|
-9-
ARTICLE
4
VACATIONS
Section
1. Effective
February 1, 1996, the continuous service requirements and earned vacation with
pay at straight time as detailed in the following vacation schedule table shall
apply. The service requirement will be based upon seniority as of August 1st
of
the vacation year.
Service
Requirement Earned Vacation
|
1
year but less than 2 years
|
1
week ( 40 hrs)
|
|
2
years but less than 5 years
|
2
weeks ( 80 hrs)
|
|
5
years but less than 10 years
|
2-1/2
weeks (100 hrs)
|
|
10
years but less than 15 years
|
3
weeks (120 hrs)
|
|
15
years but less than 20 years
|
3-1/2
weeks (140 hrs)
|
|
20
years but less than 25 years
|
4
weeks (160 hrs)
|
|
25
years and over
|
5
weeks (200 hrs)
|
Section
2. A
vacation shutdown period of up to two weeks may be designated by the Company
upon notice to the Union by January 31 of each calendar year. If an employee
has
scheduled a vacation relying on the Company's shutdown notice, the employee
will
not be compelled to work.
Section
3. Employees
entitled to at least two (2) weeks of vacation must take the same during the
plant shutdown. Employees entitled to more than two (2) weeks of vacation may
take same at a time of their choice but seniority and Company production
schedules shall be taken into consideration.
Section
4. Employees
must have worked a minimum of 1000 hours in order to qualify for full vacation
pay as provided in Section 1 above. Employees working less than 1000 hours
shall
be paid on a pro-rated basis. The period for determining hours worked shall
be
from August 1 of the prior year through July 31 of the current year. Employees
terminated for any reason shall receive a pro-rated vacation pay. Absence due
to
sickness or injury shall be counted as hours worked.
Section
5. The
Company agrees to provide a vacation bonus of $100 to all employees with 20
years of service. The Company agrees to provide a vacation bonus of $200 to
all
employees with 25 years service or more. The
vacation bonus shall be paid prior to Christmas.
Section
6. Employees
who are entitled to and wish to schedule a vacation should notify their
supervisor in writing by March 15. Permission will be granted based upon Company
seniority and Company production schedules and specific written responses will
be made by April 1.
Once
an
employee’s vacation has been approved, it will not be changed unless
circumstances mandate a change and more senior employees may not displace an
employee’s approved vacation.
-10-
An
employee who does not request vacation by March 15 or who requests additional
vacation time must submit a request in writing no later than three weeks prior
to the time requested. This three week notice requirement will not apply in
emergencies.
Section
7. The
employee can elect, by June 30, to be paid all of their vacation time in a
lump
sum on or about August 1st,
or as they take vacation time.
ARTICLE
5
SENIORITY
Section
1. A
seniority list including date of birth, hiring date, job classification,
department, labor grade, total points and social security number shall be
maintained and a copy shall be furnished to the Union quarterly.
|
(a)
|
The
Company shall furnish the Union with a monthly report showing the
names
and dates of new hires, layoffs, recalls, quits, discharges, leaves
of
absence (granted and expired) and adjustments in the seniority listings
with respect to dates. Any errors in the seniority lists, layoffs
and
recalls that are discovered due to this submission shall be corrected
immediately.
|
|
(b)
|
The
Shop Chairperson shall be notified promptly of any additions or
deletions.
|
Section
2. Employees
will lose their seniority status if they:
|
(a)
|
Quit.
|
|
(b)
|
Are
discharged for justifiable cause.
|
|
(c)
|
Do
not report for work within five (5) working days following a notification
by certified
|
|
|
letter
of restoration after a layoff, except where a reasonable excuse is
provided.
|
|
(d)
|
Are
absent without a leave of absence or excused absence for three (3)
consecutive working days without notifying the Company, except where
reasonable cause is provided.
|
|
(e)
|
Are
on layoff in excess of thirty-six (36) months. Probationary employees
who
are laid-off will not be listed on the layoff
list.
|
|
(f)
|
Are
absent from work because of a non-occupational disability for a continuous
period in excess of eighteen (18)
months.
|
| Section 3. |
New
employees shall be regarded as temporary or probationary employees
for the
first sixty (60) calendar days of their
employment.
|
| Section 4. |
Employees
advanced from hourly status to salary status shall lose seniority
and
privileges under this contract thirty (30) calendar days after such
appointment unless returned to the Bargaining Unit within said
period.
|
-11-
|
Section
5.
|
Employees
who are absent from work because of illness or injury will be returned
to
their “original” job upon presenting the Company with a copy of their
unconditional medical release to return to
work.
|
If
their
“original” job is no longer available, they will exercise their contract rights
in accordance with Article 8 of this contract.
Jobs
that
become vacant, because the employee in that job classification has been absent
from work because of injury or illness for a period of more than thirty (30)
days and,
In
the
judgment of the Company, that job needs to be filled it shall be handled as
follows:
|
1.
|
The
Company shall offer recall rights to all eligible employees in an
equal or
higher labor grade in accordance with Article 8, Section 1 (b) of
the
contract.
|
|
2.
|
If
no employee(s) have recall rights as describe in item 1 above, the
Company
, at its discretion may post the job as “Temporary”
job.
|
|
Bids
on the “Temporary” job shall be handled in accordance with Article 6 of
the contract.
|
|
3.
|
If
there are no successful bids on the “Temporary” job, the Company shall
offer recall rights to all eligible employees in a lower labor
grade.
|
|
4.
|
If
there is a reduction in force in a department where a “Temporary” job
exists, the employee in the “Temporary” job must be returned to the same
status he/she had prior to accepting the “Temporary” job before the layoff
commences.
|
|
5.
|
If
the “Temporary” job is not filled after the above three actions have been
taken and, in the judgement of the Company, the job needs to be filled,
the Company may hire “from the street” to fill the job with the
understanding that it is a “Temporary” job. The person hired from the
street to fill the “Temporary” job shall exercise his/her rights, if any,
under Article 8 of the contract when such “Temporary” job ceases to
exist.
|
|
6.
|
When
it is determined the disabled employee will not or cannot return
to work
the opening will be posted in accordance to Article
6.
|
-12-
ARTICLE
6
JOB
POSTING
| Section 1. |
Job
openings will be filled based on plantwide seniority and basic
qualifications regardless of shift.
|
|
(a)
|
New
jobs and vacancies in existing jobs to which no employee has recall
rights
will be posted on the plant bulletin board for a period of three
(3)
working days. A general description of each job responsibility will
be
shown on the posting.
|
|
(b)
|
If
the same job opening occurs within a period of thirty (30) days from
the
first date of an original job posting, no new posting will be required.
The new job opening will be filled from the original bidding list.
If
there are no remaining qualified bidders on the original list, the
new job
opening shall be posted immediately. However, a new posting will
be
required at the end of the original thirty (30) day job
posting.
|
|
(c)
|
During
the posting period, eligible employees may bid on the posted jobs
by
completing a Bid Slip and submitting it to their Supervisor. The
Company
will notify the Union in writing and state the reason for withdrawing
the
posting for any job.
|
|
(d)
|
Employees
will be eligible to bid on higher, equal or lower paying job
provided:
|
| (1) |
They
have completed the probationary
period.
|
|
(2)
|
Those
who have bid and been accepted on lower paying jobs under this procedure
must remain in the new department for a period of at least six (6)
months
before being eligible to again bid on another job outside their
department. However, these employees may bid upward or lateral through
all
labor grades within their department at any
time.
|
|
(e)
|
Following
the closing of the posting, bidders will be considered and interviewed
by
the Personnel Department for each job opening in order of seniority;
a
Shop Commiteeperson shall be present. The most senior employee who
has the
basic qualifications to perform the required work will be promoted
to the
job within a period of thirty (30) calendar days. Unsuccessful bidders
will be notified by the company in writing. A copy of the notice
of
disaward which will include the grounds for disaward will be given
to the
Shop Chairperson. Bidders may withdraw their bids at any time before
starting the new job by signing a refusal slip provided by the Company,
a
copy of which will be given to the Shop
Chairperson.
|
|
(f)
|
Job
openings in a “Training Program” will also be filled under this
procedure.
|
|
(g)
|
Should
an employee with basic qualifications grieve the Company’s selection in
filling the vacancy, the employee must be shown the basic requirements
of
the job and have the assistance of the Leadperson and/or Supervisor
for a
five (5) day period in order to prove his/her ability to meet the
basic
qualifications.
|
|
(h)
|
The
shop chairperson or an appointee will be notified prior to all permanent
transfers and promotions within the Bargaining
Unit.
|
-13-
ARTICLE
7
TEMPORARY
TRANSFERS
Section
1. The
Union
will be notified at the time when temporary transfers become necessary.
Temporary
work assignments:
|
(a)
|
Employees
may be temporarily transferred from one department to another for
a period
not to exceed six (6) days per month, and provided that during the
transfer, the job he/she left shall not be filled and he/she shall
be
returned to his/her permanent job upon completion of temporary assignment
or for longer periods of time if agreed by the Union and the
Company.
|
|
(b)
|
Employees
shall be transferred by seniority, lowest senior person first within
the
department to a lower rated job.
|
|
(c)
|
Employees
shall be transferred by seniority, highest senior person first within
the
department to a higher rated job.
|
|
(d)
|
No
employee will be required to perform work in a higher labor grade
on any
basis (temporary or permanent) unless they are paid according to
the
prevailing rate of pay on said higher labor grade. No employee will
be
forced or coerced into taking a
promotion.
|
|
(e)
|
No
employee will be required to perform work in a lower labor grade
on a
temporary basis at the rate of pay in said lower labor grade. That
is,
employees will be guaranteed their former (higher) rate of pay while
working on a temporary transfer in a lower labor
grade.
|
|
(f)
|
The
shop Committeeperson in the area involved in a transfer will receive
a
copy of a transfer notice. This transfer notice will state the department,
job title and labor grade to which the employee is being transferred.
The
Shopcommittee- person will be notified immediately by a written transfer
notice in any of the following
conditions:
|
A. Any
transfer lasting more than one day.
B. Any
change in labor grade at any time.
|
(g)
|
Employees
shall have the privilege of exchanging shifts temporarily by individual
arrangement provided they notify their supervisor in advance and
have the
necessary qualifications to perform the work. The change must be
effected
without additional cost or penalty to the Company. If the period
of such
exchange of shifts is in excess of one (1) week, the Company and
the Union
must mutually agree to such
arrangements.
|
Section
2. An
employee with one (1) year of seniority or more shall be permitted to use this
seniority to exercise shift preference in writing one week in advance to
displace another employee with less seniority in the same job classification
and
department on another shift. The shift change option is limited to only one
(1)
time per year.
-14-
ARTICLE
8
LAYOFF
RECALLS
Section
1.
|
(a)
|
All
layoffs, recalls, transfers and promotions within the Bargaining
Unit
shall be made on the basis of plantwide seniority provided the employee
has the basic qualifications to perform the required
work.
|
|
(b)
|
When
it becomes necessary to reduce the workforce it shall be done as
follows
by laying off all probationary and part-time employees
first.
|
|
(c)
|
The
Company shall, in the event of layoff, provide notification to affected
employees early enough to furnish at least three (3) working days
notice
to the Shop Committee and employees affected by any layoff for any
period
of time, or pay such employees hourly base rates in lieu of said
notice.
This requirement shall not apply to interruption resulting from any
condition beyond the Company’s controls. All layoffs must commence on the
last working day of the week
(Friday).
|
|
(d)
|
Employees
in classifications affected by layoff will have an option to accept
a
lay-off slip stating lack-of-work or bump a junior service employee
provided they have the basic qualifications to perform the work.
The
initial notification mentioned in paragraph (c) will begin the bumping
process and employees must make their bumping decision immediately.
Upon
request by the employee, the bumping decision can be delayed, but
not
beyond two (2) hours and then is bound by that
choice.
|
|
(e)
|
Employees
will have five (5) days in which to demonstrate their ability to
perform a
job in case of layoff and recall. Employee must be shown basic
requirements of job and have assistance of Leadperson and/or Foreperson
for a five (5) day period.
|
|
(f)
|
There
shall be no upward bumping.
|
|
(g)
|
In
the event of a layoff, the Shop Chairperson, the members of the Shop
Committee and Company employees who are Executive Officers of the
Local
Union shall be accorded top seniority, but they must have the basic
qualifications to perform the available
work.
|
|
(h)
|
Recalls
shall be in reverse order of layoff. The most senior employee with
basic
qualifications on the layoff list will be recalled for available
work.
Employees recalled to fill a temporary job vacancy may refuse this
assignment without prejudicing their recall
rights.
|
|
(i)
|
Employees
affected by bumping procedure must return to their original job when
such
opening occurs.
|
-15-
ARTICLE
9
LEAVE
OF ABSENCE-EMERGENCY TIME OFF
Section
1. When
the
requirements of the Company will permit, employees upon written request on
account of illness or death in their immediate family or other reasonable cause
approved by the Company, will be granted a leave of absence without pay for
a
period of not more than ninety (90) days, which shall be renewable if production
requirements permit. Any such employees on leave who engaged in other
employment, or who fail to report for work on the expiration of their leave,
will be considered as having quit. All such leaves of absences shall be granted
in writing by the Company.
Section
2. Employees
granted a leave of absence must prepay all insurance premiums prior to their
departure for said leave. This prepayment must also be made in the event the
leave is extended by mutual agreement.
Section
3. Any
employee who enters the Armed Forces shall be entitled to a leave of absence,
accumulations of seniority and re-employment rights, in accordance with Federal
and State Laws. In addition, an employee who is a member of the Military Reserve
or National Guard shall be granted leave for annual training or special tour
not
to exceed three (3) weeks per calendar year. Such employee during this period
shall receive the difference in pay, if any, between their normal rate of pay
and wages paid by the service branch.
Section
4. Seniority
will be accumulated during leaves of absences as described above.
Section
5. Employees
may be granted emergency time off of not more than fourteen (14) calendar days
by contacting the Company by telephone or telegram within three (3) working
days
giving the reasons for such request. Such time off will be granted for
legitimate emergency reasons. Extensions of emergency time off may be requested
under the provisions of Section 1 of the Article 9.
Section
6. Employees
will be granted pregnancy leave of absence and such leaves will be treated
as
any other type of medical leave of absence.
ARTICLE
10
CALL
TIME
Section
1.
(a) Employees
reporting for work on their regular shift without notice from the Company that
no work will be available for them, shall be offered other work for at least
four (4) hours or shall be paid the base rate of their regular job for four
(4)
hours if there is no other work for them. If they refuse the work offered,
they
shall forfeit the right to receive reporting pay.
|
(b)
|
Notice
to the employees by the company will be given not later that the
end of
their regular shift.
|
-16-
|
(c)
|
This
Article shall not apply where the lack of work is due to conditions
beyond
the control of the Company, or in the case of an employee who has
been
absent and has not given the Company adequate notice of return to
work.
|
ARTICLE
11
COMMITTEE
PERSONS, GRIEVANCE AND
ARBITRATION
PROCEDURE
Section
1. In
addition to the Shop Chairperson, the Union shall have a Committee-Person for
each sixty (60) employees, except that there shall be a minimum of three (3)
Committeepersons on the first shift, two (2) on the second shift and one (1)
on
the third shift. The Union will provide the Company with a current list of
the
Committeepersons and their departmental responsibilities.
Section
2. Time
necessarily spent during the normal working hours (and during scheduled
overtime) by the Shop Chairperson, Committeeperson, grievant and Union employees
of the Company on negotiations, grievances or arbitration hearings will be
paid
for by the Company. If in the opinion of the Company such time becomes
unreasonable, the Company will notify and confer with the Union.
(a) The
Company shall pay the Shop Chairperson for all time spent during the normal
working hours (and during scheduled overtime) on Union business including the
handling and investigations of grievances as set out in this Agreement, for
time
spent on arbitration hearings and for negotiations.
Section
3.
A
grievance is a difference of opinion between the Company and the Union or an
employee involving the interpretation of application of the terms of this
Agreement.
Section
4.
Grievances
shall be processed as follows:
|
(a)
|
The
grievance must be submitted within fifteen (15) working days after
the
employee and the Union are aware of
it.
|
|
(b)
|
The
Shop Chairperson or Committeeperson and employee shall discuss the
grievance with the immediate Supervisor of the department in which
the
grievance has occurred. If the immediate Supervisor’s oral answer is not
satisfactory, the grievance shall be submitted to Step
1.
|
|
(c)
|
Step
1: The grievance shall be reduced to writing and presented to the
employee’s immediate Supervisor by the Union within three (3) working days
from the date of the oral answer. The Supervisor shall write the
answer on
the grievance form and return three (3) copies to the Union
Committeeperson before the end of the third (3rd) working day after
receipt of the grievance. Failing a satisfactory settlement, the
Union
will have three (3) working days in which to appeal to the Supervisor
for
referral to Step 2.
|
|
(d)
|
Step
2. The Union Shop Chairperson shall meet with the Company representative
designated to handle the second step within three (3) days from the
date
of the appeal. The Company will give its written answer within three
(3)
working days after the meeting. Failing a satisfactory settlement,
the
Union will have three (3) working days in which to appeal to the
Personnel
Manager for referral to Step 3.
|
-17-
|
(e)
|
Step
3: The President of the Local Union and/or the Business Agent and/or
the
International Representative, together with the Union Shop Committee
shall
take up the grievance with the Committee of Management which shall
include
an executive of the Company. This meeting will be scheduled within
seven
(7) working days after the date of the
appeal.
|
|
The
Company will have five (5) working days following the date of the
meeting
in which to make a written disposition of the grievance. Failing
a
satisfactory settlement, the Union will have fourteen (14) days in
which
to notify the Company in writing of its intent to arbitrate the
issue.
|
|
(f)
|
Upon
receipt of the Union’s notice of their intention to arbitrate, a
prearbitration hearing shall be scheduled within thirty (30) working
days.
After the pre-arbitration hearing, the Company General Manager will
have
ten (10) working days to answer. If the answer is not satisfactory,
the
Union will have thirty (30) days following that answer in which to
appeal
for arbitration. If the Union does not appeal within said time limit,
the
grievance shall be considered as being satisfactorily
settled.
|
|
(g)
|
All
of the above stated time limits may be extended by mutual
agreement.
|
|
(h)
|
The
Grievant may be present upon request of either party at any of the
steps
outlined above.
|
|
(i)
|
If
grievances are appealed to arbitration, the parties will alternate
between
the American Arbitration Association and the State Board of Mediation
and
Arbitration.
|
|
(j)
|
If
submitted to the Connecticut State Board of Mediation and Arbitration,
the
parties shall operate under the procedures set forth by said Board,
whose
decision shall be final and binding upon the
parties.
|
|
(k)
|
If
submitted to the American Arbitration Association, the parties shall
operate under the procedure set forth by the American Arbitration
Association, whose decision shall be final and binding upon the
parties.
|
|
(l)
|
The
Arbitrator may interpret this agreement and apply it to the particular
case under consideration but shall, however, have no authority to
add to,
subtract from or modify the terms of this agreement in any
way.
|
|
(m)
|
The
cost of Arbitration shall be shared equally by the Company and the
Union.
|
|
(n)
|
Arbitration
cases involving time study, job evaluation and job standards shall
be
submitted only to the American Arbitration
Association.
|
-18-
|
(o)
|
The
Company shall not be required to pay back pay for any period in excess
of
thirty (30) working days prior to the time a written grievance is
properly
filed with the Company.
|
Section
5. The
local
Union President and/or two (2) appointees, and/or a representative of the
International UAW Engineering Department, shall be permitted to enter the plant
for the purpose of investigating, advising or negotiating on grievances.
However, they shall first make known their intent to the Company and shall
receive permission for said visit. This shall be restricted to entrance during
working hours only.
ARTICLE
12
HEALTH
AND SAFETY
Section
1.
|
(a)
|
The
Company agrees it will provide proper safety devices and sanitary
conditions in the plant. Failure to do so may be a matter of grievance.
Furthermore, the Company agrees that it will pay the full cost of
Company
mandated safety equipment.
|
|
(b)
|
Once
each month starting in February, 1989, at a time to be scheduled
by
management, a safety tour between two (2) members of management and
two
(2) employee representatives of the Union will make a plant safety
tour.
At the end of the tour, unsafe practices and conditions found in
the plant
will be listed. Appropriate actions will be taken by management to
correct
unsafe conditions found. This committee will jointly plan to prevent
accidents, investigate accidents, review accident reports, and OSHA
compliance. Regular meetings will be scheduled to facilitate the
promotion
of health and safety in the plant.
|
|
(c)
|
The
Company will issue and fill out accident forms on all injuries and
give
the Shop Committeeperson a copy
immediately.
|
Section
2. The
Company shall provide first aid facilities and a qualified attendant to perform
first aid duties.
Section
3. Employees
who are injured on the job can be sent home and receive pay for the balance
of
their day only if authorized by written instruction from the Medical Department
or the Company doctor. The Company will issue a form to be used in such cases,
a
copy of which will be given to the employee’s Foreperson and to the
Union.
Section
4. Where
possible, employees sustaining injuries at work, or affected by occupational
diseases during the course of their employment, and who are physically
handicapped as a result thereof, shall be given other suitable employment as
may
be then available.
-19-
ARTICLE
13
LEADPERSON’S
SCOPE
Section
1. To
relay
general instructions from Foreperson to operators with reference to product,
operations, tools, equipment and duties.
Section
2. All
matters involving personnel problems are to be handled by the Forepersons who
have full supervisory authority over all employees in their departments,
including Leadpersons.
Section
3. Leadpersons
shall not have the right to hire, fire, or recommend disciplinary action or
recommend promotions or demotions.
ARTICLE
14
BEREAVEMENT
PAY
Section
1. Employees
(including probationary) shall be entitled to three (3) working days off with
pay in the event of a death within the “immediate family.”
Section
2. Immediate
family shall be limited to spouse, child, mother, father, sister, brother,
grandparent, mother or father-in-law, brother or sister-in-law, daughter or
son-in-law, legal guardian or stepchild.
ARTICLE
15
JURY
DUTY
Section
1. Employees
who have completed their probationary period, and who are called and report
for
Jury Duty on days they would have otherwise worked for the Company, shall be
paid regular wages for thirty (30) days. Should Jury Duty continue past 30
days,
the employee shall be paid the difference between the payment they receive
for
such service and the amount calculated by multiplying eight (8) times their
regular hourly rate for each day involved limited, however, to Monday through
Friday.
Section
2. In
order
to receive Jury Duty make-up payment, the employees must give Management prior
notice of said Duty and furnish evidence that they actually performed such
service, showing the amount of payment received accordingly. These provisions
are not applicable to employees who, without being called, volunteer for Jury
Duty.
ARTCILE
16
NOTICE
OF DISCHARGE
Section
1. The
Company agrees to give immediate written notice to the Shop Committeeperson
and
the employee involved of all discharges and suspensions made within the unit,
except in emergencies.
Section
2. The
Chairperson and/or Committeeperson shall be present at time of employee
discharge and suspension except in emergencies.
-20-
Section
3. If
an
employee is discharged or suspended, he/she shall have the right to a hearing
within twenty-four (24) hours after suspension or discharge. He/she shall be
represented by the Shop Chairperson and Committeeperson and/or Business Agent
and/or International Representative.
Section
4. When
employees are discharged or suspended and file a complaint claiming that they
were unjustly discharged or suspended, the Shop Committeeperson may invoke
the
grievance procedure at the third step within (5) days after the discharge or
suspension.
Section
5. If,
upon
appeal, any discharge or suspension shall be found to be unfair or
discriminatory, the employee will be reinstated with seniority rights unimpaired
and will be given retroactive pay for all time lost due to the discharge or
suspension, less the earnings he/she may have received from gainful employment
or unemployment insurance obtained in the interim.
ARTICLE
17
UNION
COOPERATION
The
Union
agrees that in exchange for a fair day’s pay for a fair day’s work, it must
maintain a high level of productivity. The Union and its members will cooperate
in attaining such a level of productivity as is consistent with the health
and
welfare of its members. The Union and its members will seek to assist in
effectuating economies and the utilization of improved methods and
machinery.
ARTICLE
18
MANAGEMENT
It
is
understood and agreed that with the exception of the specific provisions of
this
contract, nothing in this Agreement shall be considered to limit or restrict
the
Company in the exercise of the customary functions of Management.
ARTICLE
19
NO
STRIKES OR LOCKOUTS
Section
1. The
Union
agrees that there shall be no strikes during the term of this Agreement on
any
issues which may be the subject of arbitration or on which the contract is
silent.
-21-
Section
2. The
Company agrees that there shall be no lockouts during the terms of this
Agreement on any issues which may be the subject of arbitration or on which
the
contract is silent.
ARTICLE
20
PAID
SICK
AND/OR
PERSONAL
LEAVE ALLOWANCE
Section
1. Each
employee, upon vacation eligibility date, shall be credited with six (6) days
(48 hours) paid sick and or personal leave allowance in accordance with the
following provisions:
(a) Employee
must have worked at least 1000 hours in the prior twelve (12) month period.
The
period for determining hours worked shall be from August 1st of the prior year
through July 31st of the current year.
(b) In
the
event an employee worked less than 1000 hours in said period, paid sick and/or
personal leave allowance will be credited in the same proportion as the hours
worked are to 1000. New employees must have worked at least 1000 hours in order
to be eligible for paid sick and/or personal leave allowance. Employees
terminated for any reason shall receive a pro-rated sick or personal
pay.
Section
2. Any
employee with credited sick and/or personal leave allowance, as provided in
Section 1 above, may use such allowance during the following twelve (12) month
period for illness (when not receiving accident and health insurance benefits),
or personal reasons, but provided that absence from work has been excused,
is
for not less than four (4) continuous hours and has at least four (4) hours
paid
sick and/or personal leave allowance credit remaining. Employees shall notify
the Company when electing to take personal days off.
Section
3. Paid
sick
and/or personal leave allowance shall be computed on the basis of the employee’s
regular rate of pay as of the day of absence and shall be paid on the pay check
for said period so long as application for same has been submitted on a timely
basis. Application for payment shall be made through the employee’s supervisor
on forms so provided.
Section
4. Unused
sick and/or personal leave allowance, at the time of the employee’s next
eligibility date, will be paid to the employee in a lump sum calculated on
the
basis of the employee’s regular rate of pay at such time.
ARTICLE
21
NON-COVERED
EMPLOYEES
Section
1. Persons
excluded from the Bargaining Unit shall not perform work of the type customarily
performed by employees of the Bargaining Unit, except in the following
situations:
| (a) |
In
emergencies when employees are not
available.
|
-22-
|
(b)
|
In
the bona fide instruction or training of
employees.
|
| (c) |
Duties
of an experimental nature or in the case of vendors or warrantees,
tryouts.
|
Section
2. When
it
is determined that bargaining Unit work has been performed by a non-bargaining
unit employee in violation of Section 1, the employee in the appropriate job
description with the least amount of accumulated overtime hours will receive
pay
at the applicable rate for the hours of work performed.
Section
3. The
Company shall notify the Union Chairperson and/or the Committee person in the
section affected prior to the assignment of any persons excluded from the
Bargaining Unit to any of the situations listed in Section 1.
Section
4. Any
grievance involving interpretation of this Article may be submitted in writing
directly to Step 3.
ARTICLE
22
GENERAL
PROVISIONS
Section
1. The
Company shall notify the Union of its supervisory representatives; the Union
shall notify the Company of its Committee members operating under the
Contract.
Section
2. Employees
will be paid equal pay for equal work.
Section
3. The
Company and the Union agree that they will not discriminate against any employee
or applicant for employment because of age, race, color, religious creed, sex,
national origin, ancestry or physical disability, disabled veterans, and
veterans of the Vietnam era.
Section
4. Part
time
employees shall have seniority only among other part-time employees, and shall
share in monetary benefits under the contract on a prorated basis only, with
the
exception of general wage rates which they shall share fully.
Section
5. Officers,
Stewards and Committee persons of the Union shall be permitted to leave work
in
connection with official Union business whenever authorized by the President
or
the Business Agent of the Amalgamated Local Union, and members elected or
appointed to official Union conventions or conferences, or authorized by the
Local Union to attend any official Union functions shall be permitted to leave
work for such purposes provided permission shall be obtained in advance from
the
Company, which permission will not unreasonably be withheld and provided further
that the Company shall not be liable for any pay during the period of
absence.
Section
6. Except
as
provided herein, it is understood between the parties that there shall be no
duplication of Compensation for the same hours for any reason.
Section
7. The
Company and the Union agree to institute a mutually agreeable training or
apprenticeship program.
-23-
Section
8. The
Company shall print and distribute copies of this contract to all Bargaining
Unit employees within one hundred twenty (120) days of the effective date of
this Agreement.
Section
9. The
Company will offer educational assistance to any employee with three or more
years of service under the following conditions:
|
(a)
|
Courses
must be job related and approved by Management prior to starting
the
program of instruction for which payment will be
made.
|
|
(b)
|
Courses
must be successfully passed prior to
payment.
|
|
(c)
|
There
will be a semester limitation of assistance not to exceed $200 per
individual, effective February 1,
1992.
|
Section
10. Bargaining
unit work within the plant shall not be sub-contracted when the work is normally
and usually performed by bargaining unit employees with appropriate equipment
and qualified employees are available, except where circumstances demand or
economics warrant it. If such decision is based on cost, the Company will notify
and discuss with the Union as soon as possible the reasons why it believes
such
action to be necessary, so the parties may explore alternatives to such transfer
of work.
ARTICLE
23
INSURANCE
PROGRAM
Section
1. Health
Maintenance Organization
Each
employee covered by this Agreement shall have their hospital, medical, surgical,
and related insurance coverage under the
Health Net Charter Outtlook POS $1,500 hospital/outpatient deductible per
covered family member per calendar year (employee pays first $400, and company
pays the next $1,100). Contract formula for determining increases
applies.
Section
2. The
Company
agrees to provide insurance coverage as outlined in the Health Net plan
description as provided to all employees upon enrollment. Details are explained
in the insurance contract.
Section
3. Employee
Contributions
Effective
3/1/08 and
beyond
the
employee contribution will be the existing contribution plus 50% of the premium
increase up to a maximum of $5.00 from the prior contribution.
If
during
the life of the contract the projected cost of premium increases would result
in
an increase of more than $5.00 above the previous year's employee contribution,
the Company and the Union will meet to develop an alternate plan which will
not
result in an increase in Company cost. If the parties agree on a plan which
results in a lesser premium cost the parties will share the
savings.
-24-
If
the
parties do not agree on an alternate plan, the Company and the employee will
share the increased cost of the premium on a 50%/50% basis.
Premium
Conversion
Current
tax laws allow us to provide you with a tax-advantaged way to pay your share
of
Medical premiums. You may elect to contribute toward the cost of your coverage
on a pre-tax basis. That means your premiums will be deducted from your paycheck
before Social Security, federal, and state taxes are taken out. This lowers
your
taxable income and, in effect, lowers your share of the premiums.
Section
4. Accident
and Sickness weekly benefits for employees with accidents or sickness will
be
paid as follows:
2/08
- $325 per week
Section
5. The
Company shall pay $35 per month per employee for dental insurance to Xxxxx
000,
XXX Dental Plan in the first, second, third and fourth year of the agreement
and
in the last year of the agreement this will increase to $40 per month
.
Section
6. Employees
who retire early may continue their life and/or medical insurance at group
rates
until age sixty-five (65). In order to receive retiree life paid for by the
company and $50/month towards retiree medical and/or Medicare Part B
Reimbursement paid for by the Company at age sixty-five (65), the employee
must
elect to carry the retiree life and/or medical insurance until age sixty-five
(65).
Section
7. Employees
who retire on or after 2/1/96 are entitled to $50 per month paid for by the
Company toward both medical and/or Medicare Part B reimbursement when they
reach
age sixty-five (65).
Section
8. The
Company will provide Life Insurance Coverage and Accidental Death and
Dismemberment Coverage in the following amounts:
|
February
2008
|
$
|
25,000
|
||
|
February
2009
|
$
|
26,000
|
||
|
February
2010
|
$
|
27,000
|
||
|
February
2011
|
$
|
28,000
|
||
|
February
2012
|
$
|
29,000
|
Section
9. The
Pension Plan Monthly Benefit shall be increased from $25.50 as follows for
employees retiring after: 2/1/08: $26.25; 2/1//09: $27.00; 2/1/10: $28.00;
2/1/11: $28.75; 2/1/12: $29.50. Employees hired on or after March 1, 2005 will
not be covered by the defined benefit pension plan, but will instead be entitled
to participate in the Company’s 401k plan, which includes a 25% match on the
first 4% of the employee’s contribution.
-25-
Section
10. Survivor
Income Benefit Insurance
- If you
should die the Company shall pay a monthly benefit of $100 to your spouse
commencing on the first day of the calendar month following the date of death
and on the first day of each month thereafter until 24 such monthly payments
have been made. No survivor Income Benefit shall be subject in any manner to
assignment, pledge, attachment of encumbrance of any kind, nor subject to the
debts or liability of any eligible survivor except as required by applicable
law.
Section
11. Prescription
Safety Glasses
The
following prescription safety glass program is in effect for employees
only:
|
Expenses
Covered
|
||||
|
Every
12 months:
|
Up
to:
|
|||
|
Lenses
(per lens)
|
||||
|
Single
Vision
|
$
|
10.00
|
||
|
Bifocal
|
$
|
15.00
|
||
|
Trifocal
|
20.00
|
|||
|
Contact
Lens
|
$
|
15.00
|
||
|
Every
24 months:
|
||||
|
Frames
|
14.00
|
|||
Section
12. Provisions
Applicable to Coverage if you cease active work because of certain specified
reasons -If
you
cease work because of non-occupational disability, all your coverage except
insurance for Death or Dismemberment by Accidental means and Weekly Accident
and
Sickness insurance will be continued during absence due to such disability
up to
a maximum of 18 months from the end of the calendar month in which you last
worked. This provision runs concurrently with your COBRA Rights.
Section
13. Layoff
or Leave of Absence
-Your
insurance for Death or Dismemberment by Accidental Means and your Weekly
Accident and Sickness Insurance will terminate on the date you cease active
work, and all your other coverage
will be continued during such lay-off up to the end of the calendar month in
which you cease work. If your lay-off continues beyond that period, you may
elect on or before the 15th
day of
the next calendar month to continue all of your insurance other than your
insurance for Death or Dismemberment by Accidental means and your Weekly
Accident and Sickness insurance for not more than the next 18 months by paying
the full cost of the coverage thus continued for you. Failure to make such
contribution on or before the 15th
day of
any month will terminate such insurance at the end of the last month for which
payment has been made. If your are on lay-off, this provision will run
concurrently with your COBRA rights under COBRA.
Section
14. What
Happens to Your Insurance at Retirement
- All
employees retiring under the Pension Plan, upon attaining their normal
retirement date, will receive $4,000 of life insurance.
-26-
If
an
employee retires early under the Pension Plan and pays the required
contributions for the amount of life insurance he is entitled to as a retiree,
until attainment of age 65, the Company will then continue this amount of life
insurance at no cost to the employee.
ARTICLE
24
PLANT
CLOSURE AGREEMENT
An
employee whose employment is terminated as a direct result of the plant being
closed shall receive:
(a) Separation
pay in an amount equal to $200 for each year of continuous service;
(b) Any
vacation benefits accrued but not yet paid, and
(c)
The
continuation of the hospital, medical, surgical, dental and life insurance
in
effect at the time of their termination for four (4)
months.
ARTICLE
25
TERMINATION
DATE
This
Agreement shall commence February 1, 2008 and terminate midnight, January
31,
2013.
The
first year wage increase of 3.75% became payable upon the Monday following
the
ratification of this contract which occurred on November 19, 2007.
This
Agreement shall be in full force and effect for a period of five
(5) years
from the
date hereof and for additional periods of one (1) year thereafter except that
should either party hereto intend to terminate this Agreement or modify any
portion of any of the terms hereof, it shall give written notice by certified
mail to the other party not less than sixty (60) no more than seventy-five
(75)
days prior to its expiration date.
Should
notice of termination be given by either party as herein provided, this Contract
shall terminate as of its expiration date.
Should
either party hereto give the other party such written notice requesting
amendment or modification of this Agreement, such notice shall be specific
as to
the amendments or modifications proposed. Negotiations on such proposed
amendments or modifications shall begin not later than twenty (20) days after
the date of mailing of such notice. During such negotiation, this Agreement
shall remain in full force and effect except that should negotiations extend
beyond the termination date then either party, upon ten (10) days notice to
the
other in writing and by certified mail may terminate the Contract in which
event
this Agreement shall terminate on the tenth day after mailing of such
notice.
Notice
shall be in writing and shall be sent by certified mail addressed, if to the
Union, to the International Union, United Automobile, Aerospace and Agricultural
Implement Workers or America, UAW, and Amalgamated Local 376, 00 Xxxxxxx Xxxxx,
Xxxxxxxxx, Xxxxxxxxxxx and if to the Company, to The Xxxx Bearings Division
of
Roller Bearing Company, 00 Xxxxx Xxxx Xxxx, Xxxxxxxxx, Xxxxxxxxxxx,
00000.
-27-
IN
WITNESS WHEREOF, the parties hereto have caused their names to be subscribed
by
their duly authorized officers and representatives this
|
INTERNATIONAL
UNION,
UNITED
AUTOMOBILE, AEROSPACE
AND
AGRICULTURAL IMPLEMENT
WORKERS
OF AMERICA, UAW
AND
AMALGAMATED LOCAL 376
|
XXXX BEARINGS DIVISION OF RBC BEARINGS |
| /s/ Xxxxxx Xxxxx | /s/ Xxxxx Xxxx |
| Xxxxxx Xxxxx, Chairperson | Xxxxx Xxxx |
| Plant Manager | |
| /s/ Xxxx Xxxxxxx | /s/ Xxxxxx X. Xxxxxx |
| Xxxx Xxxxxxx, Committee person | Xxxxxx X. Xxxxxx |
| Human Resources Manager | |
| /s/ Xxx Xxxxxx | /s/ Xxxxxxx X. Post |
| Xxx Xxxxxx, Committee person | Xxxxxxx X. Post |
|
General
Manager
|
|
| /s/ Xxxx Xxxxxxx | |
| Xxxx Xxxxxxx, Committee Person | |
| /s/ Xxxxxx Xxxxxxx | |
| Xxxxxx Xxxxxxx
President,
UAW Local 376
|
|
-28-
