Exhibit 10.30
INITIAL COLLECTIVE BARGAINING AGREEMENTS
("ICBA") BETWEEN MAVERICK TUBE CORPORATION
AND THE USWA TO BE APPLICABLE AS NOTED AT THE USWA
BARGAINING UNITS AT THE COUNCE, TN, YOUNGSTOWN, OH,
AND ELYRIA, OH PLANTS
ENTERED INTO: ____________, 2002
EFFECTIVE DATE: ___________, 2002
TABLE OF CONTENTS
Article Section Page
AGREEMENT........................... 10
ONE PURPOSE AND
INTENT OF AGREEMENT
Purpose.............................1 11
Observance..........................2 13
TWO RECOGNITION
Employee Defined....................1 13
Disputed Exclusions.................2 13
Supervisors Working.................3 14
THREE SENIORITY
Promotions and Layoffs..............1 15
Units...............................2 16
Continuous Service Record...........3 17
Probationary Employees..............4 20
Temporary Vacancies.................5 21
Distribution of Work................6 21
Filling of Vacancies................7 22
Union Officers......................8 22
Leaves for Union Business...........9 23
Continuous Service Lists............10 24
Veteran Limitation..................11 24
FOUR RIGHTS OF EMPLOYER.................. 24
FIVE ADJUSTMENT OF COMPLAINTS
AND GRIEVANCES
Purpose and Definition..............1 25
Processing of Grievances and
Complaints..........................2 25
General Provisions 3 27
TABLE OF CONTENTS
Article Section Page
SIX SUSPENSION AND DISCHARGE
OF EMPLOYEES........................ 31
SEVEN NO STRIKE - NO LOCKOUT.............. 32
EIGHT SAFETY AND HEALTH
General Provisions.................1 32
Unusual Conditions.................2 35
Joint Safety and Health Committee..3 36
Use of Disciplinary Records........4 40
Alcoholism and Drug Abuse..........5 40
Safety and Health Training.........6 41
Medical Records....................7 42
NINE COMPANY AND UNION ACTIVITY
Interference or Discrimination.....1 43
Union Activity.....................2 43
Intimidation or Coercion...........3 43
Nondiscrimination..................4 44
Civil Rights Committee.............5 44
TEN EMPLOYEES IN MILITARY SERVICE
Reemployment.......................1 45
Training Programs..................2 46
Leave of Absence...................3 46
Educational Leave of Absence.......4 46
Disabled Veterans..................5 47
Vacations..........................6 47
Military Encampment Allowance......7 48
ELEVEN HOURS OF WORK AND OVERTIME
Definitions........................1 48
Reporting Pay......................2 49
Overtime...........................3 51
TABLE OF CONTENTS
Article Section Page
ELEVEN HOURS OF WORK AND
OVERTIME (Continued)
Allowance for Jury or Witness
Service...........................4 54
Allowance for Funeral Leave........5 54
TWELVE VACATIONS
Eligibility........................1 55
Benefits Forfeited.................2 56
Service Date.......................3 57
Length of Vacations................4 57
Scheduling.........................5 60
Vacation Pay or Allowance..........6 61
THIRTEEN HOLIDAYS
Holidays Enumerated................1 64
Pay for Holidays Not Worked........2 65
Vacation...........................3 66
Part-Time Employee.................4 67
Rate of Pay........................5 67
Part-Shift Work on Holiday.........6 68
FOURTEEN WAGES
Standard Hourly Wage Scales........1 68
Application of the Standard
Hourly Wage Scales................2 71
Production and Maintenance Jobs....3 71
Trade, Craft or Multiple-Rated
Jobs..............................4 71
Learner Jobs.......................5 72
Inadequate Complaints or
Grievances Prohibited 7 77
TABLE OF CONTENTS
Article Section Page
FOURTEEN WAGES (Continued)
Correction of Errors...............8 77
Shift Differentials................9 77
Sunday Premium....................10 78
FIFTEEN CHECKOFF............................ 84
SIXTEEN SEVERANCE ALLOWANCE
Permanent Closing..................1 85
Eligibility........................2 86
Benefits...........................3 86
Duplication........................4 87
Election Concerning Layoff
Status............................6 88
Payment of Allowance...............7 89
SEVENTEEN SUB
GRIEVANCES.......................... 89
EIGHTEEN
NINETEEN TERM OF AGREEMENT................... 94
APPENDIX STANDARD HOURLY
A WAGE SCALES OF
RATES.......................... 97
LETTER AGREEMENT
CONCERNING SAFETY
SHOE ALLOWANCE................ 100
LETTER AGREEMENT
CONCERNING A
GAINSHARING PLAN............... 105
LETTER AGREEMENT
CONCERNING MAINTENANCE
EFFICIENCIES................... 114
LETTER AGREEMENT
CONCERNING CERTAIN
MATTERS PERTAINING TO
SAFETY AND HEALTH.............. 118
LETTER AGREEMENT
CONCERNING VACATION............ 124
LETTER AGREEMENT
CONCERNING ADJUSTMENT
OF COMPLAINTS AND
GRIEVANCES..................... 126
LETTER AGREEMENT
CONCERNING CHECK OFF........... 139
LETTER AGREEMENT
CONCERNING LEAVES OF
ABSENCE FOR INTERNATION-
AL UNION EMPLOYEES............. 146
LETTER AGREEMENT
CONCERNING
UNINTERRUPTED
OPERATIONS..................... 149
LETTER AGREEMENT
CONCERNING SUMMER
STUDENT EMPLOYMENT............. 153
ADDITIONAL MATTERS - YOUNGSTOWN, OHIO PLANT ADDITIONAL MATTERS - ELYRIA, OHIO
PLANT ADDITIONAL MATTERS - SUCCESSORSHIP - ALL THREE PLANTS ADDITIONAL MATTERS -
401(K) PLANS - ALL THREE PLANTS ADDITIONAL MATTERS - HEALTHCARE, LIFE INSURANCE
AND LTD PLANS - ALL THREE PLANTS ADDITIONAL MATTERS - HEALTHCARE AND LIFE
INSURANCE DURING LAYOFF - ALL THREE PLANTS ADDITIONAL MATTERS - EMPLOYEES OF LTV
WHO DO NOT BECOME EMPLOYEES OF MAVERICK - ALL THREE PLANTS ADDITIONAL MATTERS -
CONTRACTING OUT - ALL THREE PLANTS ADDITIONAL MATTERS - INSTITUTE FOR CAREER
DEVELOPMENT - ALL THREE PLANTS ADDITIONAL MATTERS - RATIFICATION BONUS - ALL
THREE PLANTS ADDITIONAL MATTERS - NEW EMPLOYEE ORIENTATION - ALL THREE PLANTS
ADDITIONAL MATTERS - COUNCE GAINSHARING PLAN - COUNCE PLANT ONLY ADDITIONAL
MATTERS - SUB PLANS - ALL THREE PLANTS ADDITIONAL MATTERS - SETTLEMENT AGREEMENT
TO THIS INITIAL COLLECTIVE BARGAINING AGREEMENT ("ICBA") - ALL THREE PLANTS
AGREEMENT
This Agreement, dated ____________, 2002 is between The Maverick Tube
Corporation, Counce, Tennessee Plant (hereinafter referred to as the "Company"),
acting herein only in respect to employees of the Company in the bargaining unit
set forth in Article Two - Recognition - of this Agreement, and United
Steelworkers of America, on behalf of Local Union No. 7573, or its successor
(hereinafter referred to as the "Union").
Except as otherwise expressly provided herein, the provisions of this
Agreement shall be effective -____________, 2002.
The Union having been designated the exclusive collective bargaining
representative of the Employees of the Company as defined in Article Two -
Recognition, the Company recognizes the Union as such exclusive representative.
Accordingly, the Union makes this Agreement in its capacity as the exclusive
collective bargaining representative of such Employees. The provisions of this
Agreement constitute the sole procedure for the processing and settlement of any
claim by an Employee or the Union of a violation by the Company of this
Agreement. As the representative of the Employees the Union may process
complaints and grievances through the complaint and grievance procedure,
including arbitration, in accordance with this Agreement or adjust or settle the
same.
ARTICLE ONE - PURPOSE AND INTENT OF AGREEMENT
SECTION 1 - PURPOSE
A. It is the purpose of this Agreement to set forth the rates of pay, hours of
work, and terms and conditions of employment of the Employees covered
hereunder, to secure orderly collective bargaining relations between the
Company and the Union, to insure a prompt and fair disposition of
grievances, and to eliminate interruptions and interference with the
efficient operation of the Company's business. Accordingly, the parties
acknowledge that during the negotiations which resulted in this Agreement,
each had the unlimited right and opportunity to make demands and proposals
with respect to any subject or matter not removed by law from the area of
collective bargaining, and that all of the understandings and agreements
arrived at by the parties after the exercise of that right and opportunity
are set forth in this Agreement. The Company and the Union, during the term
hereof, each voluntarily and unqualifiedly waives the right, and each
agrees that the other shall not be obligated, to bargain collectively with
respect to any subject or matter specifically referred to, or covered in
this Agreement, even though such subject matter may not have been within
the knowledge or contemplation of either or both of the parties at the time
that they negotiated or signed this Agreement. It is also expressly
understood that no term or provision hereof shall be enlarged, altered,
changed or varied, whether by oral arrangement, interpretation of language
or otherwise except by an instrument in writing, duly executed by the
parties hereto, and that no inferences of intent on the part of the Company
or the Union not expressly stated may be made.
B. Officials respectively representing the Company and the Union may, from
time to time during the life of this Agreement, at the request of either
and at the mutual convenience of both, meet to appraise their
administration of this Agreement, to analyze influences which may be
impairing the attainment of their joint goal and to improve understanding
between their respective representatives and among Employees. Such meetings
shall not be for the purpose of conducting continuing collective bargaining
negotiations, nor in any way to modify, add to, or detract from the
provisions of this Agreement, and any differences of opinion arising out of
such meetings shall not be subject to the grievance and arbitration
provisions hereof.
C. The parties recognize that for their joint benefit, increases in wages and
benefits should be consistent with the long-term prosperity and efficiency
of the pipe industry.
SECTION 2 - OBSERVANCE
The Union (its officers and representatives at all levels) and all
Employees are bound to observe the provisions of this Agreement.
The Company (its officers and representatives at all levels) is bound to
observe the provisions of this Agreement.
ARTICLE TWO - RECOGNITION
SECTION 1 - EMPLOYEE DEFINED
The term Employee as used in this Agreement shall mean all regular
production and maintenance Employees of the Company employed at its Counce,
Tennessee Plant, excluding office clerical employees and professional employees,
guards and supervisors as defined in the National Labor Relations Act as
amended. Notwithstanding any provisions of any prior LTV/USWA labor agreement
applicable to the Counce, Tennessee, Youngstown, Ohio and Elyria, Ohio plants
Employees are: (1) persons actually performing work on a job in the bargaining
unit the pay period immediately preceding the Closing; and (2) persons who would
be actually performing work in a job in the bargaining unit in the pay period
immediately preceding the Closing but who are absent from work in such pay
period because of scheduled vacation, funeral leave, military service or
encampment or other authorized absence for which absence the person continued to
receive his/her regular wage in such pay period; and (3) such persons as
described in provisions (1) or (2) who has not quit, retired or otherwise ceased
active employment with LTV as of the day before the Closing and who accept
employment with Maverick and who actually perform work in a job in the
bargaining unit after Closing. Closing as used in this provision means the date
on which Maverick Tube Corporation became the owner and operator of the assets
of the Ferndale plant and the Employer of Employees covered by this labor
agreement.
SECTION 2 - DISPUTED EXCLUSIONS
Any differences which shall arise between the Company and the Union as to
whether or not any individual employee is or is not included within the term
"Employee" as defined in this Article Two shall be handled as a complaint or
grievance in accordance with the procedure set forth in Article Five --
Adjustment of Complaints and Grievances -- of this Agreement.
SECTION 3 -- SUPERVISORS WORKING
Any supervisor at the plant shall not perform work on a job normally
performed by an Employee in the bargaining unit at the plant: provided, however,
this provision shall not be construed to prohibit supervisors from performing
the following types of work:
(a) experimental work:
(b) demonstration work performed for the purpose of instructing and training
Employees:
(c) work required of the supervisors by emergency conditions which, if not
performed, might result in interference with operations, bodily injury, or
loss or damage to material or equipment: and
(d) work which, under the circumstances then existing, it would be unreasonable
to assign to a bargaining unit Employee and which is negligible in amount.
Work which is incidental to supervisory duties on a job normally performed
by a supervisor, even though similar to duties found in jobs in the bargaining
unit, shall not be affected by this provision.
If a supervisor performs work in violation of this Section 3 and the
Employee who otherwise would have performed this work can reasonably be
identified, the Company shall pay such Employee the applicable standard hourly
wage scale rate for the time involved or for four hours, whichever is greater.
ARTICLE THREE - SENIORITY
[The text for Article Three which follows is for the Counce bargaining
unit. For the Youngstown (P&M and O&C) and Elyria plant bargaining units, the
Article concerning Seniority of each respective LTV/USWA labor agreement for the
bargaining unit as last negotiated is agreed to be used. Employees hired by
Maverick are to retain and have the seniority each had under the applicable
LTV/USWA labor agreement as of the day before Closing.]
SECTION 1 - PROMOTIONS AND LAYOFFS
The parties recognize that promotional opportunity and job security in
event of promotions, decrease of forces, and recalls after layoffs should
increase in proportion to length of continuous service, and that in the
administration of this Section the intent will be that wherever practicable full
consideration shall be given continuous service in such cases.
In recognition, however, of the responsibility of Management for the
efficient operation of this plant, it is understood and agreed that in all cases
of:
(1) Promotion (except promotions to positions excluded from the bargaining unit
set forth in this Agreement), the following factors as listed below shall
be considered: however, only where factors (a) and (b) are relatively
equal, shall length of continuous service be the determining factor:
(a) ability to perform the work:
(b) physical fitness
(c) continuous service
(2) Decrease in forces or recalls after layoffs, the following factors as
listed below shall be considered: however, only where both factors (a) and
(b) are relatively equal, shall continuous service be the determining
factor:
(a) ability to perform the work:
(b) physical fitness:
(c) continuous service.
Nothing in this Section shall prevent Plant Management and the Grievance
Committee from mutually agreeing to fill an equal or lower job in a promotional
sequence with a senior Employee: nor from executing an agreement in writing to
provide an opportunity to any Employee displaced in the course of a reduction of
forces from exercising his seniority to the extent appropriate to obtain a job
paying higher earnings; provided such Employee is otherwise qualified with
respect to relative ability to perform the work and relative to physical fitness
as provided above. Plant Management and the Grievance Committee may mutually
agree to provide training for Employees disabled in the plant and to assign them
to vacancies for which they are qualified on the basis of such seniority
arrangements as they may determine.
Employees hired by Maverick are to retain and have the seniority each had
under the USWA/LTV labor agreement for the plant as of the day before the
Closing.
SECTION 2 - UNITS
The existing seniority units, job progression and regression charts and
rules and regulations governing their application, to which the factors referred
to in Section 1 of this Article Three shall be applied, have been mutually
agreed upon by Plant Management and the Grievance Committee at the plant. This
agreement shall remain in effect unless and until modified by local written
agreement signed by Management and the Chairman and Secretary of the Grievance
Committee of the Local Union. Hereafter, local seniority agreements, including
agreements covering departments or units thereof, shall be signed on behalf of
the Union by the Chairman and Secretary of the Grievance Committee of the Local
Union, and shall be posted in the Plant.
In any case in which local agreement cannot be consummated as to the
seniority unit in which a new job or new jobs, including those in new, merged or
transferred operations, are to be placed. Management shall include such job or
jobs in the most appropriate seniority unit, or, if more appropriate, establish
a new seniority unit, subject to the complaint and grievance procedure of this
Agreement.
Provided, however, the parties agree after Closing to negotiate with the
purpose of reaching mutual agreement with respect to reducing the number of
departments and units and streamlining job progression and regression charts.
SECTION 3 - CONTINUOUS SERVICE RECORD
The continuous service record of any Employer shall be determined as
follows:
(a) Each present Employee shall have such continuous service record as is shown
on the employment records of the Company for such Employee, and he shall
accumulate additional continuous service in accordance with Sub-paragraph
(c) below, until his continuous service record shall be broken in which
event his continuous service record shall end and be canceled. All
continuous service dates shown on the original roster posted January 29,
1970 shall be considered as correct.
(b) Each new Employee and each person rehired after the cancellation of his
continuous service record shall accumulate continuous service from date of
such hiring or rehiring, as the case may be, in accordance with
Sub-paragraph (c) below, until his continuous service record is broken, in
which event his continuous service record shall end and be canceled.
(c) The rules for determining a break in a continuous service record, which
were adopted in the Agreement of May 13, 1969 and the Memorandum of
Agreement of July 16, 1969, shall continue to be used to determine the
occurrence of a break in a continuous service record prior to August 25,
1972. From August 25, 1972, forward, the following rules shall be used to
determine a break in a continuous service record:
(1) Voluntarily quitting the service:
(2) Discharge from the service, provided that if the Employee is rehired
within 6 months the break in continuous service shall be removed:
(3) Failure to report to work, following a layoff or leave of absence,
within 3 days after receipt of notification to do so, such notice to
be given at the last known address of the Employee:
(4) Absence in excess of 2 years, except as provided in Sub-paragraph (5)
below:
(5) Absence due either to layoff or physical disability, or both, which
continues beyond the period specified in this Sub-paragraph (c) (5).
If an Employee is absent because of layoff or nonoccupational physical
disability, or both, in excess of two years, he shall continue to
accumulate continuous service during such absence for an additional
period equal to (i) 3 years, or (ii) the excess, if any, of his length
of continuous service at commencement of such absence over 2 years,
whichever is less. Any accumulation in excess of 2 years during such
absence shall be counted, however, only for purposes of this Article
Three, including local agreements thereunder, and shall not be counted
for any other purpose under this or any other agreement between the
Company and the International Union. In order to avoid a break in
service within the above period after an absence in excess of 2 years,
an Employee absent because of layoff or nonoccupational physical
disability, or both, must report for work promptly upon termination of
either cause, provided, in the case of layoff, an Employee must report
for work within the time limit provided in Subsection (c) of this
Section (3) provided further that the Company has mailed a recall
notice to the last address furnished to the Company by the Employee.
An Employee absent because of a compensable disability incurred during
the course of employment shall accumulate continuous service, provided
such person is returned to work within 30 calendar days after the end
of the period for which he is unemployed and for which workmen's
compensation is payable to him:
(6) Termination in accordance with Article Sixteen - Severance Allowance.
Seniority under LTV/USWA agreements to be retained and recognized at each
plant for employees hired by Maverick.
SECTION 4 - PROBATIONARY EMPLOYEES
New Employees and those hired after a break in continuity of service will
be regarded as probationary Employees for the first 520 hours of actual work and
will receive no continuous service credit during such period. For all such
employees hired after August 1, 1999, the probationary period will be one
thousand (1000) hours. Probationary Employees may initiate complaints under this
Agreement but may be laid off or discharged as exclusively determined by
Management provided that this will not be used for purposes of discrimination
because of race, color, religious creed, national origin or sex or because of
membership in the Union. Probationary Employees continued in the service of the
Company subsequent to the first 520 (or one thousand (1000)) hours of actual
work shall receive full continuous service credit from date of original hiring.
Where a probationary Employee is relieved from work because of lack of work and
his employment status terminated in connection therewith, and he is subsequently
rehired at the same plant within one year from the date of such termination, the
hours of actual work accumulated by such probationary Employee during his first
employment shall be added to the hours of actual work accumulated during his
second employment in determining when the Employee has completed 520 (or one
thousand (1000)) hours of actual work; provided, however, that should such an
Employee complete 520 (or one thousand (1000)) hours of actual work in
accordance with his sentence, his continuous service date will be the date of
hire of his second hiring. If, however, such an Employee is rehired within two
weeks of his last termination from employment at the plant, his continuous
service date will be the date of hire for his prior employment.
SECTION 5 - TEMPORARY VACANCIES
In the case of a temporary vacancy exceeding 5 days involving temporary
reassignment of Employees within a seniority unit, the Company shall, to the
greatest degree consistent with efficiency of the operation and safety of
Employees, fill such vacancy by assigning thereto the Employee whose continuous
service or progression chart standing entitles him to the next consideration for
promotion to such job. Any time spent in filling such temporary vacancy of 5
days or less shall not be used to the detriment of himself or of other Employees
when making a selection to fill a permanent vacancy.
SECTION 6 - DISTRIBUTION OF WORK
In the event a decrease of work, other than decreases which may occur from
day to day, results in the reduction to an average of 32 hours per week for the
Employees in the seniority unit and a further decrease of work appears imminent,
which in the Company's judgment may continue for an extended period and will
necessitate a decrease of force or a reduction in hours worked for such
Employees below an average of 32 hours per week, the Management of the plant and
the Grievance Committee will confer in an attempt to agree as to whether a
decrease of force shall be effected in accordance with this Article Three or the
available hours of work shall be distributed as equally among such Employees as
is practicable with due regard for the particular skills and abilities required
to perform the available work. In the event of disagreement, Management shall
not divide the work on a basis of less than 32 hours per week.
SECTION 7 - FILLING OF VACANCIES
When a vacancy (other than a temporary vacancy) develops, or is expected to
develop, in the promotional line in any seniority unit, Management shall, to the
greatest degrees practicable, post notice of such vacancy, or job assignments
where such is the present practice, for such period of time, in such manner, and
at such places as may be appropriate at the plant.
Employees in the seniority unit who wish to apply for such vacancy or
expected vacancy may do so in writing in accordance with rules developed by
Management at the plant.
Management shall, if in its judgment there are applicants qualified for
such vacancy or expected vacancy, fill same from among such applicants in
accordance with the provisions of Sections 1 and 2 of this Article Three.
SECTION 8 - UNION OFFICERS
When Management decides that the work force in any seniority unit in the
plant is to be reduced, the member of the plant Grievance Committee, if any, in
that unit shall, if the reduction in force continues to the point at which he
would otherwise be laid off, be retained at work and for such hours per week as
may be scheduled in the work area in which he is employed, provided he can
perform the work of the job to which he must be demoted. The intent of this
provision is to retain in active employment the plant grievance committeemen for
the purpose of continuity in the administration of the labor agreement in the
interest of Employees so long as a work force is at work: provided that no
grievance committeeman shall be retained in employment unless work which he can
perform is available to him in the designated work area which he represents. The
Local Union shall designate and advise the Company of such area of
representation.
This provision shall apply also to Employees who hold any of the following
offices in the Local Union in which the Employees of the plant are members: Unit
Chair, President, Vice President, and Chairman of the Grievance Committee.
SECTION 9 - LEAVES FOR UNION BUSINESS
Leaves of absence for the purpose of accepting a position with the
International or Local Union shall be available to one Employee. Adequate notice
of intent to apply for leave shall be afforded local Plant Management to enable
proper provision to be made to fill the job to be vacated.
Leaves of absence shall be for a period not in excess of one year and may
be renewed for a further period of one year.
Continuous service shall not be broken by the leave of absence but will
continue to accrue.
SECTION 10 - CONTINUOUS SERVICE LISTS
The Company shall make available to the Local Union lists showing the
relative continuous service of each Employee in each seniority unit. Such lists
shall be revised by the Company from time to time, as necessary but at least
every six months, to keep them reasonably up to date. Except as provided in
Section 3 of this Article Three, the seniority rights of individual Employees
shall in no way be prejudiced by errors, inaccuracies, or omissions in such
lists.
SECTION 11 - VETERAN LIMITATION
All of the provisions of this Article Three are subject to, and limited by,
the rights of Employees returning from Military service of the United States
with statutory reemployment rights and Articles Ten - Military Service - of this
Agreement.
ARTICLE FOUR - RIGHTS OF EMPLOYER
The Company retains the exclusive right to manage the business and plant
and to direct the working forces. The Company, in the exercise of its rights,
shall comply with the provisions of this Agreement.
The rights to manage the business and plant and to direct the working
forces include the right to hire, suspend or discharge for proper cause, or
transfer, and the right to relieve Employees from duty because of lack of work
or for other legitimate reasons.
ARTICLE FIVE - ADJUSTMENT OF
COMPLAINTS AND GRIEVANCES
SECTION 1- PURPOSE AND DEFINITIONS
A. The purpose of this Article is (1) to provide opportunity for discussion of
any complaint and (2) to establish procedures for the processing and
settlement of complaints or grievances as defined in Subsection B of this
Section.
B. All complaints and grievances shall be handled and disposed of solely in
accordance with the procedures prescribed in this Agreement.
(1) "Grievance," as used in this Agreement, is limited to a complaint of
an Employee which involves the interpretation or application of, or
compliance with, the provisions of this Agreement.
(2) "Day", as used in Section 2 of this Article Five, shall mean calendar
day, but shall not include any Saturday, Sunday, or holiday unless
otherwise indicated herein.
(3) "Complaint", as used in this Agreement, shall be interpreted to mean a
request or complaint.
SECTION 2 - PROCESSING OF GRIEVANCES AND COMPLAINTS
Step 1. (ORAL). Any Employee who believes that he has a justifiable
complaint shall discuss the complaint with his Xxxxxxx as promptly as possible
after the date of the facts or events upon which such alleged complaint is based
shall have existed or occurred. The Xxxxxxx shall have initial responsibility
for resolving the complaint, with or without the Union representative for his
plant area being present, as the Employee may elect, in an attempt to resolve
same. However, any such Employee may instead, if he so desires, report the
matter directly to his Union representative and in such event the Union
representative, if he believes the complaint merits discussion, shall take it up
with the Employee's Xxxxxxx in a sincere effort to resolve the problem. The
Employee involved shall be present in such discussion unless otherwise agreed by
the Xxxxxxx and the Union Representative.
Step 2. If no settlement is reached in Step 1, the complaint shall be
reduced to writing and presented by the Union representative to the Plant
Superintendent, or his representative, as a grievance within seven days
following the date of the occurrence or action upon which the complaint or
grievance is based, whereupon the Plant Superintendent and an Officer of the
Union and or the Union Grievance Committeeman shall make a prompt and reasonable
attempt to settle the matter within 14 days of the occurrence or action upon
which such complaint or grievance is based.
Step 3. In the event that the complaint or grievance is not settled in Step
2, it shall be appealed in writing by the Staff Representative of the
International Union to the Manager-Labor Relations, or his representative,
within 14 days of the date of the Plant Superintendent's disposition. A Step 3
meeting shall be held within 15 days of the appeal, unless otherwise mutually
agreed between the parties. Minutes of the Step 3 Meeting shall be submitted by
the Manager-Labor Relations to the Staff Representative of the International
Union within 15 days of the Meeting.
Step 4. Except as otherwise expressly provided in this Agreement,
grievances not satisfactorily settled in Step 3 may be appealed by the Staff
Representative of the International Union to arbitration by giving notice in
writing to the Company within 20 days after the Step 3 written answer is given
to such Staff Representative. The arbitrator shall be the arbitrator under the
then current Basic Labor Agreement between the Company and the United
Steelworkers of America, applicable to the plants covered, or formerly covered,
under the Republic Steel Agreement, or an arbitrator designated by him.
The decision of the arbitrator will be restricted to whether there is a
violation of this Agreement as set forth in the Step 3 written answer. If such a
violation is found, the arbitrator shall specify the remedy in accordance with
the terms of the Agreement.
The decision of the arbitrator on any issue properly before him shall be
final and binding upon the Company, the Union, and all Employees concerned
therein. The arbitrator shall have jurisdiction and authority only to interpret
and apply the provisions of this Agreement. He shall not have jurisdiction or
authority to add to, detract from, or alter in any way the provision of this
Agreement.
SECTION 3 - GENERAL PROVISIONS
The arbitrator shall also have jurisdiction and authority only to
interpret, apply or determine compliance with respect to the Insurance Plan, as
set forth in the Agreement concerning Insurance, Pensions and Supplemental
Unemployment Benefits, in order to dispose of grievances properly arising under
Article Seventeen - SUB and Insurance Grievances - of this Agreement. The
arbitrator shall not have jurisdiction or authority to add to, detract from, or
alter in any way the provisions of the above mentioned Insurance Plan.
The compensation of the arbitrator for his services hereunder and the
expenses in connection therewith shall be shared equally by the Company and the
Union.
The arbitrator shall in no event award a right or remedy prior to the date
on which the facts or events upon which a grievance is based shall have existed
or occurred, provided, however, that such arbitrator shall only have
jurisdiction and authority to interpret this Agreement as to a grievance that
has been filed in writing with Plant Management within 30 calendar days after
the date on which the facts or events upon which such grievance is based shall
have existed or occurred. In the case of a continuing grievance only, the
arbitrator shall not be precluded from awarding a right or remedy for a
30-calendar day period prior to the filing in writing with Plant Management of
such continuing grievance.
In cases of suspension, discharge, improper lay- off or failure to recall,
any back pay that may be awarded to an Employee shall be offset by such earnings
or other amounts as such Employee would not have received except for such
suspension discharge, improper layoff or failure to recall.
If the Company's discussion or answer to a complaint or a grievance is not
given within the prescribed time requirements in any step, unless otherwise
mutually agreed, the Union after notifying the Company may refer or appeal to
the next step.
If the decision of the Company representative in any step of the complaint
and grievance procedure with respect to a complaint or grievance shall not be
appealed to the next step within the time specified for such appeal, such
complaint or grievance shall be considered settled on the basis of the decision
made by the Company representative, and the Employee or Employees covered by
such complaint or grievance shall not have any further right or remedy with
respect to any claim or matter covered by such complaint or grievance.
If this Agreement is violated by the occurrence of a strike, picketing,
work stoppage, or interruption or impeding of work at the plant or subdivision
thereof, no grievances shall be discussed or processed in the Step 2 level or
above for such plant while such violation continues. Furthermore, under no
circumstances shall any complaint or grievance or other dispute concerning
Employees engaged in the violation be discussed or processed by Management in
any step of the complaint and grievance procedure or otherwise while such
violation continues, but this provision shall not waive compliance with the time
limits for initiating or filing complaints or grievances or appeals from
decisions thereon.
The settlement of any complaint or grievance in any step of the complaint
and grievance procedure, except arbitration and the step next preceding
arbitration, shall not constitute a precedent as to the meaning or proper
application of any provision of this Agreement and shall not be relied on or
referred to by the Company or the Union in the arbitration of any other
grievance under this Agreement.
The Company agrees that it shall not subpoena or call as a witness in
arbitration proceedings any Employee from the bargaining unit in the plant. The
Union agrees that it shall not subpoena or call as a witness in such proceedings
any non-bargaining unit employee.
There shall be one Grievance Committee for the plant, which shall consist
of not more than 3 Employees, designated in writing by the Union. The Grievance
Committeeman shall be selected by the Union from the plant areas they are to
represent, however, there shall be no more than one grievance committeeman
selected from any one plant area. Plant areas, or grievance representation
units, shall be determined by mutual agreement between Management and the Union.
A grievance committeeman will be permitted to visit departments, as
provided herein, at reasonable times for the purpose of transacting legitimate
business as a grievance committeeman, including the presentation, investigation,
hearing or settling of alleged complaints or grievances. If then at work, the
grievance committeeman will be granted time off, without pay, for such purpose
after obtaining permission (which shall not be unreasonably withheld) from his
own department head or his designated representative and reasonable notice to
the head of the department to be visited or his designated representative. If
not at work, the grievance committeeman will be permitted to visit departments
for the purpose as described above after reasonable notice to the head of the
department to be visited or his designated representative.
ARTICLE SIX - SUSPENSION AND
DISCHARGE OF EMPLOYEES
The Company shall have the right to discipline, suspend, or discharge
Employees for proper cause. Employees shall have the right to file a grievance
in writing in Step 2 of the complaint and grievance procedure relating to such
actions within five (5) days after occurrence.
In all cases of suspension of one day or more, a notice of such suspension
shall be given promptly in writing to the Employee affected and his grievance
committeeman.
Any Employee who is summoned to meet in the office of a supervisor for the
purpose of discussing possible disciplinary action against such Employee shall
be entitled to be accompanied by his grievance committeeman if he requests such
representation, provided such representative is then available.
An Employee assigned as a temporary xxxxxxx will not issue discipline to
Employees, provided that this provision will not prevent a temporary xxxxxxx
from relieving an Employee from work for the balance of the turn for alleged
misconduct. An Employee will not be called by either party in the grievance
procedure or arbitration to testify as a witness regarding any events involving
discipline which occurred while the Employee was assigned as a temporary
xxxxxxx.
ARTICLE SEVEN - NO STRIKE
NO LOCKOUT
During the term of this Agreement, neither the Union, its officers, agents
or members, nor any Employee will authorize, instigate, aid, condone, or engage
in a work stoppage, sympathy strike or strike, or other interruption or any
impeding of production at the plant of the Company covered by this Agreement.
Any Employee or Employees who violate the provisions of this Article Seven may
be discharged from the employ of the Company.
The Company agrees that prior to such discharge it will provide to a Union
representative of the plant a list of names, check numbers, and addresses of
Employees whom the Company has determined to discharge.
The Company agrees that during the term of this Agreement there shall be no
lockouts.
ARTICLE EIGHT - SAFETY AND HEALTH
SECTION 1 - GENERAL PROVISIONS
The Company shall continue to make reasonable provisions for the safety and
health of its Employees at the plant during the hours of their employment. The
Company, the Union and the Employees recognize their obligations and or rights
under existing federal and state laws with respect to safety and health matters.
Where devices which emit ionizing radiation are used, the Company will
continue to maintain safety standards with respect to such devices not less
rigid than those adopted from time to time by the Nuclear Regulatory Commission
and will maintain procedures designed to safeguard Employees and will instruct
them as to safe working procedures involving such devices.
Where the Company uses toxic materials, it shall inform the affected
Employees what hazards, if any, are involved and what precautions shall be taken
to insure the safety and health of the Employees. Upon the request of the Union
Co-Chairman of the Joint Safety and Health Committee, the Company shall provide
in writing requested information from material safety data sheets or their
equivalent on toxic substances to which Employees are exposed in the work place;
provided that when the information is considered proprietary, the Company shall
so advise the Union Co-Chairman, and provide sufficient information for the
Union to make further inquiry.
The Company will continue its program of periodic inplant air sampling and
noise testing under the direction of qualified personnel. Where the Union
Co-Chairman of the Joint Safety and Health Committee alleges a significant
on-the-job health hazard due to inplant air pollution, the Company will also
make such additional tests and investigations as are necessary. A report based
on such additional tests and investigations shall be reviewed and discussed with
the Joint Safety and Health Committee. For such surveys conducted at the request
of the Union Co-Chairman of the Joint Safety and Health Committee, a written
summary of the sampling and testing results and the conclusions of the
investigation shall be provided to the Joint Safety and Health Committee.
When in the opinion of the International Safety and Health Department
additional information in the possession of the Company may be useful to an
understanding of a potential significant health hazard which is alleged to
exist, the Company, upon written request by the International Safety and Health
Department, will furnish such information. This information may include
engineering studies, process descriptions, equipment specifications, ventilation
studies and toxicological and epidemiological surveys but does not create an
obligation to release personal medical information without the written consent
of the affected employee.
Where the information constitutes a legitimate trade secret, the Company
may require that the International Union sign an agreement to use the
information only for the purpose of hazard evaluation and control and to take
precautions to assure its confidentiality.
The Company shall provide adequate first aid for all Employees during their
working hours.
An Employee who, as a result of an industrial accident, is unable to return
to his assigned job for the balance of the shift on which he was injured will be
paid for any wages lost on that shift.
Protective devices, wearing apparel, and other equipment necessary to
properly protect Employees from injury shall be provided by the Company in
accordance with practices now prevailing in the plant or as such practices may
be improved from time to time by the Company without cost, except that the
Company may assess a fair charge to cover loss or willful destruction thereof by
the Employees.
SECTION 2 - UNUSUAL CONDITIONS
If an Employee shall believe that there exists an unsafe condition, changed
from the normal hazard inherent in the operation, so that the Employee is in
danger of injury, he shall notify his Xxxxxxx of such danger and of the facts
thereof. Thereafter, unless there shall be a dispute between the Company and the
Employee as to the existence of such unsafe condition, the Employee shall have
the right, subject to reasonable steps for protecting other Employees and the
equipment from injury, to be relieved from duty on the job in respect of which
he has complained and to return to such job when such unsafe condition shall be
remedied. The Management may, in its discretion, assign such Employee to other
available work in the plant. If the existence of such alleged unsafe condition
shall be disputed, the Chairman of the Grievance Committee of the Union in the
plant and the Superintendent of the plant, or his representative, shall
immediately investigate such alleged unsafe condition and determine whether it
exists. If they shall not agree and if the Chairman of the Grievance Committee
is of the opinion that such alleged unsafe condition exists, the Employee shall
have the right to present a grievance in writing in Step 3 of the complaint and
grievance procedure set forth in Article Five - Adjustment of Complaints and
Grievances - of this Agreement and thereafter to be relieved from duty on the
job as stated above. Such grievance shall be presented without delay directly to
an arbitrator under the provisions of Article Five - Adjustment of Complaints
and Grievances - of this Agreement, who shall determine whether such Employee
was justified in leaving the job because of the existence of such alleged unsafe
condition.
Should either Management or an arbitrator conclude that an unsafe condition
within the meaning of this Section 2 existed and should the Employee not have
been assigned to other available equal or higher rated work, he shall be paid
for the earnings he otherwise would have received.
It is recognized that emergency circumstances may exist and local parties
are authorized to make mutually satisfactory arrangements for immediate
arbitration to handle such situations in an expeditious manner.
SECTION 3 - JOINT SAFETY AND HEALTH COMMITTEE
A Joint Safety and Health Committee consisting of 3 Employees designated by
the Union and an equal number of Management members shall be established in the
plant. The Union and the Company shall designate their respective Co-Chairmen
and shall certify to each other in writing such Co-Chairmen and committee
members. The committee shall hold meetings at times determined by the
Co-Chairmen. Prior to such meetings the Co-Chairmen or their designees may
engage in an inspection of mutually selected areas of the plant. Time consumed
on committee work by committee members designated by the Union shall not be
considered hours worked to be compensated by the Company.
The function of the committee shall be to advise with Plant Management
concerning safety and health and to discuss legitimate safety and health
matters, but not to handle complaints or grievances. In the discharge of its
function, the committee shall: consider existing practices and rules relating to
safety and health, formulate suggested changes in existing practices and rules,
recommend adoption of new practices and rules, review proposed new safety and
health programs developed by Management and review accident statistics including
OSHA Form 200 and trends and disabling injuries which have occurred in the plant
and make appropriate recommendations to prevent future recurrences.
The Union Co-Chairman or his designee will be afforded time off without pay
as may be required to visit departments at all reasonable times for the purpose
of transacting the legitimate business of the committee, after notice to the
head of the department to be visited or his designated representative and, if
the committee member is then at work, permission (which shall not be
unreasonably withheld) from his own department head or his designated
representative. If the Union Co-Chairman or his designee is not at work, he
shall be granted access to the plant at all reasonable times for the purpose of
conducting the legitimate business of the committee after notice to the head of
the department to be visited or his designated representative.
When the Company introduces new personal protective apparel or extends the
use of protective apparel to new areas or issues new rules relating to the use
of protective apparel, the matter will be discussed with the members of the
Joint Safety and Health Committee in advance with the objective of increasing
cooperation. Should differences result from such discussions, a grievance may be
filled in Step 2 by the Chairman of the Grievance Committee within 30 days
thereafter. In the event that the grievance progresses through the complaint and
grievance procedure to arbitration, the arbitrator shall determine whether such
rule or requirement is appropriate to achieve the objective set forth in Section
1 of this Article Eight.
Advices of the Joint Safety and Health Committee, together with supporting
suggestions, recommendations and reasons, shall be submitted to the Plant
Superintendent for his consideration and for such action as he may consider
consistent with the Company's responsibility to provide for the safety and
health of its Employees during the hours of their employment and the mutual
objective set forth in Section 1 of this Article Eight.
In the event the Company requires an Employee to testify at the formal
investigation into the causes of a disabling injury, the Employee may arrange to
have the Union Co-Chairman of the Joint Safety and Health Committee or the Union
member of such committee designated by the Union Co-Chairman to act in his
absence, present as an observer at the proceedings for the period of time
required to take the Employee's testimony. The Union Co-Chairman will be
furnished with a copy of such record as is made of the Employee's testimony. In
addition, in the case of accidents which resulted in disabling injury or death
or accidents which could have resulted in disabling injury or death and require
a fact-finding investigation, the Company will, as soon as practicable after
such accident, notify the Union Co-Chairman of the Joint Safety and Health
Committee, or the Union member of such committee designated by the Union
Co-Chairman to act in his absence, who shall have the right to visit the scene
of the accident promptly upon such notification, if he so desires, accompanied
by the Company Co-Chairman or his designated representative and the Company will
add the Union Co-Chairman of the Joint Safety and Health Committee, or the Union
member of such committee designated by the Union Co-Chairman to act in his
absence, to the notification list for such accidents. After making its
investigation, the Company will supply to the Union Co-Chairman of the Joint
Safety and Health Committee a statement of the nature of the injury, the
circumstances of the accident and any recommendations available at that time and
will consider any recommendations he may wish to make regarding the report. In
such cases, when requested by the Union Co-Chairman, the Company Co-Chairman of
the Joint Safety and Health Committee or his designated representative will
review the statement with the Union Co-Chairman. Also, in such cases, the
Company Co-Chairman of the Joint Safety and Health Committee or his designated
representative, when requested by the Union Co-Chairman, will visit the scene of
the accident with the Union Co-Chairman or, in his absence, his designated
substitute.
The Company will, from a single source at the Company headquarters level,
provide the International Union Safety and Health Department with prompt
notification of any accident resulting in a fatality to a union member. This
notification shall be either oral or written and include the date of the
fatality, the plant or unit location of the fatality and, if known, the cause of
the fatality. The Company will provide the International Union Safety and Health
Department with a copy of the fatal accident report that is given to the Local
Union Joint Safety and Health Committee when such report becomes available. Any
necessary discussion or other communication on this data between the Company and
the International Union will be with the individual designated to provide such
information.
Once each year the Company will, from the same source described in the
preceding paragraph, provide to the International Union Safety and Health
Department the OSHA Form 200 Summary of Occupational Injuries and Illnesses or
its equivalent and the lost workday case and fatality incident rates for the
plant. Upon request and for specific locations where detailed information is
necessary, the Company will, from the same source, provide a copy of the OSHA
Form 200 Log of Occupational Injuries and Illnesses or its equivalent.
SECTION 4 - USE OF DISCIPLINARY RECORDS
Written records of disciplinary action against the Employee involved for
the violation of a safety rule but not involving a penalty of time off will not
be used by the Company in any arbitration proceeding where such action occurred
one or more years prior to the date of the event which is the subject of such
arbitration.
When an Employee has completed 36 consecutive months of work without
discipline involving a penalty of time off for violation of a safety rule, prior
disciplinary penalties for such offenses not exceeding 4 days' suspension shall
not be used for further disciplinary action.
When an unsafe practice report is made involving a violation of a safety
procedure or rule by an Employee which does not involve discipline, a copy of
that report will be given to the Employee.
SECTION 5 - ALCOHOLISM AND DRUG ABUSE
Alcoholism and drug abuse are recognized by the parties to be treatable
conditions. Without detracting from the existing rights and obligations of the
parties recognized in the other provisions of this Agreement, the Company and
the Union agree to cooperate at the plant level in encouraging Employees
afflicted with alcoholism or drug abuse to undergo a coordinated program
directed to the objective of their rehabilitation.
SECTION 6 - SAFETY AND HEALTH TRAINING
The Company recognizes the special need to provide appropriate safety and
health training to all Employees. The Company presently has safety and health
training that provides either the training described below or the basis for such
training as it relates to the needs of the Company and its plant.
Training programs shall recognize that there are different needs for safety
and health training for newly hired Employees. Employees who are transferred or
assigned to a new job and Employees who require periodic retraining. The Joint
Safety and Health Committee may make recommendations on these and other safety
education matters.
Newly hired Employees shall receive training in the general recognition of
safety and health hazards, their statutory and labor contract rights and
obligations and the purpose and function of the Company's Safety, Health and
Medical Departments, the Joint Safety and Health Committee and the International
Union Safety and Health Department. In addition, upon initial assignment to a
job, such Employees shall receive training on the nature of the operation or
process, the safety and health hazards of the job, the safe working procedures,
the purpose, use and limitations of personal protective equipment required, and
other controls or precautions associated with the job.
The Union Co-Chairman of the Joint Safety and Health Committee and the
International Union Safety and Health Department or a designee shall, upon
request, be afforded the opportunity to review the training program for newly
hired Employees at the plant level.
The training of Employees other than those newly hired by the Company shall
be directed to the hazards of the job or jobs on which they are required to
work. Such training shall include hazard recognition, safe working procedures,
purpose, use and limitations of special personal protective equipment required
and any other appropriate specialized instruction.
As required by an Employee's job and assignment area, periodic retraining
shall be given on safe working procedures, hazard recognition, and other
necessary procedures and precautions.
SECTION 7 - MEDICAL RECORDS
The Company shall maintain the confidentiality of reports of medical
examinations of its Employees and shall only furnish such reports to a physician
designated by the Employee upon the written authorization of the Employee;
provided, that the Company may use or supply medical examination reports of its
Employees in response to subpoenas, requests to the Company by any Governmental
agency authorized by law to obtain such reports, and in arbitration or
litigation of any claim or action involving the Company. Whenever the Company
physician detects a medical condition which, in his judgment, requires further
medical attention, the Company physician shall advise the Employee of such
condition or to consult with his personal physician.
ARTICLE NINE - COMPANY AND
UNION ACTIVITY
SECTION 1 - INTERFERENCE OR DISCRIMINATION
The Company recognizes and will not interfere with the rights of its
Employees to become members of the Union. There shall be no discrimination,
interference, restraint, or coercion by the Company or any of its agents against
any Employee because of membership in the Union.
SECTION 2 - UNION ACTIVITY
No Employee shall engage in any union activity on the property of the
Company in any manner which shall interfere with production or engage in Union
activity on company time.
SECTION 3 - INTIMIDATION OR COERCION
The Union, its offices, agents and members, shall not intimidate or coerce
Employees into joining the Union or continuing their membership therein.
SECTION 4 - NONDISCRIMINATION
It is the continuing policy of the Company and the Union that the
provisions of this Agreement shall be applied to all employees without regard to
race, color, religious creed, national origin, handicap, status as a disabled
veteran or veteran of the Viet Nam era, sex or age, consistent with their
obligations and/or rights under applicable Federal, State and local laws
regarding such matters. Sexual harassment shall be considered discrimination
under this provision. The representatives of the Union and the Company in all
steps of the grievance procedure and in all dealings between the parties shall
comply with this provision. The Company and the Union agree to cooperate in
dealing with problems of discrimination where they occur. Neither the Company
nor the Union shall retaliate against an employee who complains of
discrimination, or who is a witness to discrimination.
SECTION 5 - CIVIL RIGHTS COMMITTEE
A joint Committee on Civil Rights shall be established at the plant. The
Union representation on the Committee shall be no more than three members of the
Union and there shall be a like number of Management members. The Union members
shall be certified to the Manager-Labor Relations by the Union and the Company
members shall be certified to the District Director of the Union. The Company
and Union members of the joint committee shall meet at mutually agreeable times,
and shall review and investigate matters involving civil rights and advise with
the Company and the Union concerning them, and attempt to resolve same. In the
event that an employee Civil Rights complaint involving a claim of
discrimination reviewed by the Joint Committee is not resolved by the Joint
Committee, it may be processed as a grievance. Such grievance may be filed by
the Chairman of the Grievance Committee in the Third Step of the grievance
procedure as provided in Article Five. It is not intended by the parties that
this Committee shall displace the normal operation of the grievance procedure.
The Joint Committee shall have no jurisdiction over the initiating, filing, or
processing of grievances. If a Civil Rights complaint is referred to the Joint
Committee, the time limit for filing a grievance in the Third Step will commence
the day following the date of the initial Joint Committee meeting in which the
Civil Rights complaint was discussed unless the Company and Union members of the
Joint Committee mutually agree to an extension; provided, however, the Civil
Rights complaint was recorded with the Joint Committee within 30 calendar days
after the date on which the facts or events upon which the Civil Rights
complaint is based shall have existed or reasonably should have become known to
the employee or employees affected thereby.
ARTICLE TEN - EMPLOYEES IN MILITARY
SERVICE
SECTION 1 - REEMPLOYMENT
The Company shall accord to each Employee who applies for reemployment
after conclusion of his military service with the United States such
reemployment rights as he shall be entitled to under then existing statutes.
SECTION 2 - TRAINING PROGRAMS
Reasonable programs of training shall be employed in the event Employees do
not qualify to perform the work on the job which they might have attained except
for absence in the military service.
SECTION 3 - LEAVE OF ABSENCE
Any Employee entitled to reinstatement under this Article Ten shall be
granted upon request a leave of absence without pay not to exceed 60 days before
he shall be required to return to work.
SECTION 4 - EDUCATIONAL LEAVE OF ABSENCE
Any Employee entitled to reinstatement under this Article Ten who applies
for reemployment and who desires to pursue a course of study in accordance with
the federal law granting him such opportunity before or after returning to his
employment with the Company shall be granted a leave of absence for such
purpose; provided that an Employee who desires such a leave of absence after
returning to his employment with the Company shall have it granted only if he
notifies the company in writing, within one year from the date he is reemployed,
of his intention to pursue such a course of study. Such leave of absence shall
not constitute a break in the record of continuous service of such Employee but
shall be included therein provided the Employee within 30 days reports for
reemployment after the completion or termination of such course of study. Any
such Employee must notify the Company and the Union in writing at least once
each year of his continued interest to resume active employment with the Company
upon completing or terminating such course of study.
SECTION 5 - DISABLED VETERANS
Any Employee entitled to reinstatement under this Article Ten who returns
with service-connected disability incurred during the course of his service
shall be assigned to any vacancy which shall be suitable to such impaired
condition during the continuance of such disability irrespective of seniority;
provided, however, that such impairment is of such a nature as to render the
veteran's returning to his own job or department onerous or impossible; and
provided, further, that the veteran meets the minimum physical requirements for
the job available or for the job as Management may be able to adjust it to meet
the veteran's impairment.
SECTION 6 - VACATIONS
A. An Employee who at the time of leaving active employment to enter military
service of the United States has qualified for a vacation in the year of
such entrance and who has not received a vacation or vacation allowance
shall be granted such allowance.
B. Any Employee reemployed under the terms of this Article Ten and who, under
the terms of Article Twelve - Vacations - of this Agreement, except for his
absence due to such military service, would have been entitled to receive a
vacation allowance, shall receive such vacation or vacation allowance for
the calendar year in which he is reemployed, without regard to any
requirement other than an adequate record of continuous service.
SECTION 7 - MILITARY ENCAMPMENT ALLOWANCE
An Employee with one or more years of continuous service who is required to
attend an encampment of the Reserve of the Armed Forces or the National Guard
shall be paid, for a period not to exceed two weeks in any calendar year, the
difference between the amount paid by the Government (not including travel,
subsistence and quarters allowance) and the amount calculated by the Company in
accordance with the following formula. Such pay shall be based on the number of
days such Employee would have worked had he not been attending such encampment
during such two weeks (plus any holiday in such two weeks which he would not
have worked) and the pay for each such day shall be 8 times his average
straight-time hourly rate of earnings (excluding shift differentials and Sunday
and overtime premiums) during the last pay period worked prior to the
encampment. If the period of such encampment exceeds two weeks in any calendar
year, the period on which such pay shall be based shall be the first two weeks
he would have worked during such period.
ARTICLE ELEVEN - HOURS OF
WORK AND OVERTIME
SECTION 1 - DEFINITIONS
A. The normal work week for all Employees covered by this Agreement shall
consist of 40 hours to be worked in five consecutive 8-hour days. The
normal workday shall be 8 consecutive hours of work (exclusive of such
lunch or rest periods as are now in accordance with the practice prevailing
in the plant.) This paragraph defines the normal hours of work and shall
not be deemed to constitute a guarantee of hours of work per day, or per
week. Parties at the plant level will negotiate with respect to
non-traditional work schedules which will be implemented only upon mutual
agreement.
B. The Employer may establish regular shifts, starting times and lunch
periods. The Union shall be notified in the event the regular starting
times are changed by the employer. Such notification shall be given as far
in advance of such change as is possible. Parties at the plant level will
negotiate with respect to non-traditional work schedules which will be
implemented only upon mutual agreement.
SECTION 2 - REPORTING PAY
An Employee who is scheduled or notified to report and who does report for
work shall be provided with and assigned to a minimum of 4 hours of work on the
job for which he was scheduled or notified to report or, in the event such work
is not available shall be assigned or reassigned to another job and paid no less
than his original job class for the first four hours. In the event, when he
reports for work, no work is available he shall be released from duty and
credited with a reporting allowance 4 times the standard hourly wage scale rate
of the job for which he was scheduled or notified to report.
When an Employee who starts to work is released from duty before he works a
minimum of 4 hours, he shall be paid the hours worked in accordance with Article
14 - Wages of this Agreement, and credited with a reporting allowance equal to
the standard hourly wage scale rate of the job for which he was scheduled or
notified to report multiplied by the unutilized portion of the 4-hour minimum.
The foregoing payment shall be either at the regular or overtime rates of
earnings depending upon which pertain in accordance with the provisions of this
Agreement; provided, however, that hours not worked, for which payment is made,
shall not be considered as time worked in determining daily, or weekly overtime.
The provisions of this Section shall not apply in the event that:
(a) Picketing, strikes, stoppages in connection with labor disputes at the
plant, failure of utilities beyond the control of Management, or acts
of God interfere with work being provided; or
(b) An Employee is not put to work or is laid off after having been put to
work, either at his own request or due to his own fault; or
(c) An Employee refuses to accept an assignment or reassignment within the
first 4 hours as provided above in this Section 2; or
(d) Management gives reasonable notice of a change in scheduled reporting
time or that an Employee need not report. Local Management and the
Grievance Committee shall promptly determine what constitutes
reasonable notice.
SECTION 3 - OVERTIME
Overtime is defined as time actually worked unless otherwise specified in
Subsection B (3) of this Section 3 in excess of 40 hours in a single work week
or 8 hours in a single work day. All Employees, upon reasonable notice by the
Employer, shall be required to work overtime or hours outside their normal work
day.
A. For the purpose of determining:
(1) The number of hours worked in a day by each Employee, a workday shall
be a period of 24 consecutive hours beginning at the time the Employee
starts to work; provided, however, that the same hours shall not be
included in more than one such period; provided further that a tardy
Employee's workday shall begin at the time it would have begun had he
not been tardy:
(2) The number of hours or days worked in a workweek, a workweek shall be
a 7-consecutive-day period commencing at 12:01 a.m. Sunday (or turn
starting closest thereto);
(3) The regular rate of pay as used in this Agreement, the term shall mean
the hourly rate which the Employee would have received for the work
had it been performed during non-overtime hours.
B. Each Employee shall be paid overtime at the rate of 1 1/2 times his rate of
pay for all time worked by him.
(1) In excess of 8 hours in any one workday, or
(2) In excess of 40 hours in any workweek, or
(3) On any day in any workweek after he shall have worked on 5 previous
days in such workweek. Solely for the purpose of determining whether
or not work has been performed on 5 previous days in the workweek.
(a) Should changes be made in schedules after Friday noon of the week
preceding the calendar week in which the changes are to be
effective, except for breakdowns or other matters beyond the
control of Management, so that an Employee is laid off within any
scheduled 5 days and is required to work on what would otherwise
have been the sixth or seventh workday in his workweek, the day
on which such Employee was laid off shall be counted as a day
worked; and
(b) If work is performed by an Employee on a day in the workweek
subsequent to any of the holidays enumerated in Article Thirteen
- Holidays - of this Agreement, such holiday shall be considered
as a day worked in that workweek, whether or not work is
performed on such holiday and regardless of whether such holiday
was scheduled as a day of work or of rest. For purposes of this
Article Eleven, if any of such holidays fall on a Sunday, the
following Monday (and not such Sunday) shall be observed as such
holiday.
C. No Employee shall be paid more than 1 1/2 times his regular rate of pay for
any time worked by him (except as provided in Section 5, Article Thirteen
-Holidays - of this Agreement), and in the event overtime for any time
worked is paid any Employee in compliance with any of the foregoing clauses
(1), or (2), (3), of Subsection B of this Section 3 or for the holidays
enumerated in Article Thirteen - Holidays - of this Agreement, the time for
which overtime is once paid shall not be counted as hours or days worked
for the purpose of determining whether or not overtime is to be paid such
Employee under any one or all of the other foregoing clauses or holidays
enumerated in Article Thirteen - Holidays - of this Agreement; provided,
however, that an enumerated holiday, whether worked or not shall be counted
as a day worked in determining overtime under clause 3 of Subsection B of
this Section 3, and as time worked in determining overtime under clause (1)
of such Subsection B, subject to the limitation contained in Section 5 of
Article Thirteen - Holidays - of this Agreement
D. Overtime Rules and Regulations for distribution of overtime work have been
mutually agreed upon by the Plant Superintendent and the grievance
committeeman at the Plant. Such agreements shall remain in effect unless
and until modified or replaced by local written agreement signed by the
Plant Superintendent and the grievance committeeman.
SECTION 4 - ALLOWANCE FOR JURY OR WITNESS SERVICE
An Employee who is called for jury service or subpoenaed as a witness shall
be excused from work for the days on which he serves (service, as used herein,
includes required reporting for jury or witness duty when summoned, whether or
not he is used). Such Employee shall receive, for each day of service on which
he otherwise would have worked, the difference between the payment he receives
for such service in excess of $5.00 and the amount calculated by the Company in
accordance with the following formula. Such pay shall be based on the number of
days the Employee would have worked had he not been performing such service
(plus any holiday in such period which he would not have worked) and the pay for
each day of service shall be 8 times his straight-time hourly rate of earnings
(excluding shift differentials and Sunday and overtime premiums) during the last
pay period worked prior to such service. The Employee will present proof that he
did serve or report as a juror or was subpoenaed and reported as a witness, and
the amount of pay, if any, received therefor.
SECTION 5 - ALLOWANCE FOR FUNERAL LEAVE
When death occurs to an Employee's legal spouse, mother, father,
mother-in-law, father-in-law, son, daughter, brother, sister, grandparents,
grandchildren (including stepfather, stepmother, stepchildren, stepbrother, or
stepsister when they have lived with the Employee in an immediate family
relationship), an Employee, upon request, will be excused and paid for up to a
maximum of three scheduled shifts (5 scheduled shifts in the case of an
employee's legal spouse, son, or daughter including stepchildren when they have
lived with the employee in an immediate family relationship) (or for such fewer
shifts as the Employee may be absent) which fall within a three
consecutive-calendar-day period; (or 5-consecutive-calendar-day period in the
case of the death of an employee's legal spouse, son, or daughter including
stepchildren when they have lived with the employee in an immediate family
relationship) provided, however, that one such calendar day shall be the day of
the funeral and it is established that the Employee attended the funeral.
Payment shall be 8 times his straight-time hourly earnings (as computed for jury
pay). An Employee will not receive funeral pay when it duplicates pay received
for time not worked for any other reason. Time thus paid will not be counted as
hours worked for purposes of determining overtime or premium pay liability.
ARTICLE TWELVE - VACATIONS
SECTION 1 - ELIGIBILITY
To be eligible for a vacation in any calendar year during the term of this
Agreement, the Employee must:
(a) Have one year or more of continuous service; and
(b) Not have been absent from work for 6 consecutive months or more in the
preceding calendar year; except that in case of an Employee who
completes one year of continuous service in the vacation calendar
year, he shall not have been absent from work for 6 consecutive months
or more during the 12 months following the date of his original
employment; provided, that an Employee with more than one year of
continuous service who in any year shall be ineligible for a vacation
by reason of the provisions of this Subparagraph as a result of an
absence on account of layoff or illness shall receive one week's
vacation with pay in such year if he shall not have been absent from
work for 6 consecutive months or more in the 12 consecutive calendar
months next preceding such vacation. Any period of absence of an
Employee while on vacation pursuant to this Article Twelve or while
absent due to a compensable disability in the year in which he
incurred such disability, or while in military service in the year of
his reinstatement to employment, shall be deducted in determining the
length of a period of absence from work for the purpose of this
Subparagraph.
SECTION 2 - BENEFITS FORFEITED
An Employee, even though otherwise eligible Section 1 above, forfeits the
right to receive vacation benefits under this Article Twelve if he quits,
retires, dies, or is discharged prior to January 1 of the vacation year.
SECTION 3 - SERVICE DATE
Continuous service for vacation purposes only shall date from the date of
first employment at the Xxxxxx Plant of the company or subsequent date of
employment following a break in continuous service, whichever of the above two
dates is the later. Such continuous service shall be calculated in the same
manner as the calculation of continuous service set forth in Article Three -
Seniority - of this Agreement, except that there shall be no accumulation of
service in excess of the first 2 years of any continuous period of absence on
account of layoff or physical disability (except in the case of compensable
disability, as provided in Article Three - Seniority) in the calculation of
service for vacation eligibility.
SECTION 4 - LENGTH OF VACATIONS
A. An eligible Employee who has completed the years of continuous service
indicated in the following table in any calendar year during the term of
this Agreement shall receive a vacation corresponding to such years of
continuous service as shown in the following table:
Years of Service Weeks of Vacation
--------------------------------------------
1 but less than 3 1
3 but less than 10 2
10 but less than 17 3
17 but less than 25 4
25 or more 5
Effective January 1, 2000, the vacation table is replaced by the following
table:
Years of Service Weeks of Vacation
--------------------------------------------
1 but less than 3 1
3 but less than 8 2
8 but less than 15 3
15 but less than 24 4
24 or more 5
B. A one week's vacation shall consist of 7 consecutive days.
C. Vacations shall be scheduled in a single period of consecutive weeks,
provided, however, that in the event the orderly operations of the plant
require, vacations of two or more weeks may be scheduled in two periods,
neither of which may be less than one week. With the consent of the
Employee vacation may be scheduled in any number of periods, none of which
may be less than one week.
D. The entire vacation shall be taken in one continuous period unless
otherwise authorized by the Company.
E. In case the Company desires to schedule vacations for Employees eligible
therefor during a shutdown period instead of in accordance with previously
established vacation schedules, Management shall give affected Employees 60
days' notice of such intent; in absence of such notice an affected Employee
shall have the option to take this vacation during the shutdown period or
to be laid off during the shutdown and to take his vacation at the
previously scheduled time.
F. The calendar week containing New year's Day may be taken as a week of
vacation for either the year preceding New Year's Day or the year in which
New Year's Day falls, except when New Year's Day falls on Sunday, provided
such vacation week has been scheduled as vacation in accordance with this
Article Twelve. If the Company in its sole discretion schedules a shutdown
of any operation during the calendar week containing Christmas Day, any
Employee who is not scheduled to work due to the shutdown in such week and
who has completed his vacation entitlement for that year may elect to
reschedule a week of vacation for which the Employee has qualified and will
be entitled in the following calendar year into the shutdown week;
provided, however, that vacation pay for such vacation week, calculated as
though the week were scheduled and taken in the next following year will be
paid on the regular payday for the pay period in which the shutdown
vacation falls; and provided further that no vacation pay for a vacation
rescheduled hereunder will be paid to an Employee who quits, retires, dies,
or is discharged prior to January 1 of the year from which the shutdown
vacation was rescheduled. In the application of this Subsection F, when the
basis for calculation of an Employee's vacation pay for the following
calendar year is not available, his vacation payment hereunder shall be
made on the basis for calculation of his vacation pay in the current
calendar year with appropriate adjustment to be made when the basis for the
following calendar year becomes available.
SECTION 5 - SCHEDULING
A. On or promptly after October 1 of each year, each Employee entitled or
expected to become entitled to take vacation time off in the following year
will be requested to specify in writing (not later than 30 days after the
receipt of such request), on a form provided by the Company, the vacation
period he desires.
B. Notice will be given an Employee at least 60 days in advance of the date
his vacation period is scheduled to start, but in any event not later than
January 1 of the year in which the vacation is to be taken.
C. Vacations will, so far as practicable, be granted at time most desired by
Employees (longer service Employees being given preference as to choice);
but the final right to allot vacation periods and to change such allotments
is exclusively reserved to the Company in order to insure the orderly
operation of the plant.
D. Any Employee absent from work because of layoff, disability or leave of
absence at the time Employees are requested to specify the vacation periods
they desire and who has not previously requested and been allotted a
vacation period for the calendar year, may be notified by Management that a
period is being allotted as his vacation period but that he has the right
within 14 days to request some other vacation period. If any such Employee
notifies Management in writing, within 14 days after such notice is sent,
that he desires some other vacation period, he shall be entitled to have
his vacation scheduled in accordance with Subparagraph C. above.
E. If an Employee is on layoff from the plant at any time before the beginning
of his scheduled vacation hereunder, he may request to have his vacation
start at any time during such layoff and if Management agrees to grant his
request, it shall have the right to set the appropriate conditions under
which it grants his request.
F. Vacations may be scheduled throughout the calendar year.
G. The Company may, with the consent of the Employee, pay him vacation
allowance, in lieu of time off for vacation, for any weeks of vacation in
excess of two weeks in any one calendar year. Any payment of vacation
allowance shall not require the Company to reschedule the vacation of any
other Employee.
SECTION 6 - VACATION PAY OR ALLOWANCE
A. Each Employee granted a vacation under this Article Twelve will be paid at
his average rate of earnings per hour for the prior calendar year. Average
rate of earnings per hour (for the purposes of this Article Twelve) shall
be computed by:
1. Totaling (a) pay received for all hours worked (total earnings
including premium for holiday, but excluding Sunday, shift
differential and overtime premiums, (b) vacation pay, including pay in
lieu of vacation, and (c) pay for unworked holidays, and
2. Dividing such earnings by the total of (a) hours worked, (b) vacation
hours paid for, including hours for which pay in lieu of vacation was
paid, and (c) unworked holiday hours which were paid for.
Such average rate of earnings will be adjusted to reflect intervening
general wage changes and retroactive pay adjustments, if any, for the
job or jobs performed or paid for.
B. Hours of vacation pay for each vacation week shall be the average hours per
week worked by the Employee in the prior calendar year. Any weeks not
having 32 hours of actual work shall be excluded from the calculation.
Average hours per week worked shall be computed by:
1. Totaling the following hours in payroll weeks with 32 or more hours of
actual work:
(a) Hours worked
(b) Hours paid for unworked holiday or vacation hours falling in such
week
(c) Hours paid for funeral leave
(d) Hours paid for jury service
(e) Hours paid for witness service
(f) Hours excused from scheduled work and not paid for because of
union business, and
2. Dividing such hours by the number of such weeks in which 32 or more
hours were worked.
The minimum number of hours paid for each week of vacation shall be 40
and the maximum number of hours paid for each week of vacation shall
be 48.
C. Effective August 1, 2001, the vacation bonus of two-hundred fifty dollars
($250) per week will be paid to employees for each week of vacation taken
in the ten (10) consecutive calendar week period beginning with the first
full week following the calendar week containing New Year's Day.
D. Any Employee who did not work in the prior year shall have his vacation pay
computed on the basis of his last calculated vacation rate and hours,
adjusted in accordance with the last sentence of Subsection A of this
Section 6.
E. The definitions contained herein are designed for and shall be used
exclusively for the purpose of calculating vacation pay.
F. Vacation pay or vacation allowance shall be paid to each Employee in
advance of such Employee's vacation period.
G. In the case of a part-time Employee, as defined in Section 4 of Article
Thirteen - Holidays - of this Agreement, the average rate of earnings and
hours of vacation pay for each vacation week shall be computed in the same
manner as in Subsections A and B of this Section 6, except that the period
of time used shall be the last two completed and closed pay periods next
preceding his vacation; there shall be no exclusion of weeks having less
than 32 hours of actual work; and the minimum of 40 hours of pay for each
week of vacation shall not apply.
ARTICLE THIRTEEN - HOLIDAYS
SECTION 1 - HOLIDAYS ENUMERATED
Whenever used in the Agreement, the term "Holiday" means one of the
following days:
January 1
Xxxxxx Xxxxxx Xxxx, Jr's Birthday (which shall be the third Monday of
January)
Workers Memorial Day
Good Friday
Memorial Day, which shall be the last Monday in May
Independence Day
Labor Day
Thanksgiving Day
The day after Thanksgiving Day
The day before Christmas Day
Christmas Day
If any of such holidays shall fall on a Sunday, the following Monday (and
not such Sunday) shall be observed as such holiday.
A holiday shall be deemed to begin at 12:01 a.m. of the holiday or turn
starting closest thereto, and shall end 24 hours later.
SECTION 2 - PAY FOR HOLIDAYS NOT WORKED
An eligible Employee who does not work on a holiday shall be paid 8 times
his straight-time hourly wage rate for the pay period preceding the pay period
in which the holiday is observed (if he has no earnings in such pay period the
straight-time hourly wage rate of his occupation in such pay period shall be
used), exclusive of overtime, shift differentials, and Sunday premiums;
provided, however, that if an eligible Employee is scheduled to work on any such
holiday, but fails to report and perform his scheduled or assigned work he shall
become ineligible to be paid for the unworked holiday, unless he failed to
perform such work because of sickness or because of death in the immediate
family (mother, father (including in-laws), children, brother, sister, husband,
wife and grandparents) or because of similar good cause. Holiday allowance shall
be adjusted by an amount per hour to reflect any general wage changes in effect
at the time of said holiday, but not in effect in the period used for
calculating holiday allowance.
As used in this Article Thirteen, an eligible Employee is one who:
(a) has worked 30 turns since his last hire:
(b) performs work or is on vacation in the pay period in which the holiday
is observed or, if he is laid off for such pay period, performs work
or is on vacation in both the pay period preceding and the pay period
following the pay period in which the holiday is observed and
(c) works as scheduled or assigned both on his last scheduled workday
prior to and his first scheduled workday following the day on which
the holiday is observed, unless he has failed so to work because of
sickness or because of death in the immediate family or because of
similar good cause.
SECTION 3 - VACATION
When a holiday occurs during an eligible Employee's scheduled vacation, he
shall be paid for the unworked holiday in addition to his vacation pay without
regard to the provisions of Subparagraph (c) of Section 2 above. The provisions
of this Section 3 shall apply to (1) an Employee whose vacation has been
scheduled prior to his layoff and who thereafter is laid off and takes his
vacation as scheduled, or (2) an Employee who is not at work at the time his
vacation is scheduled, but who thereafter returns to work and then is absent
from work during a holiday week because of his scheduled vacation. An Employee
who is not at work at the time of scheduling his vacation and is not working at
the time his vacation commences is not eligible for holiday pay for a holiday
occurring during his vacation within the meaning of Subparagraph (b) of Section
2 above or this Section 3.
SECTION 4 - PART-TIME EMPLOYEE
An eligible part-time Employee shall receive pay for holidays in accordance
with the foregoing provisions of this Article Thirteen, but the pay that he
shall receive for any such holiday shall be an amount equal to his applicable
straight-time hourly wage rate (as defined in Section 2 above) times the lesser
of 8 or the average number of hours worked by him per day in the preceding eight
pay periods. A part-time Employee shall mean an Employee who regularly, for his
own convenience, is not available for full-time employment.
SECTION 5 - RATE OF PAY
For all hours worked by an Employee on any of the holidays specified in
Section 1 above, overtime shall be paid at the overtime rate of 2 1/2 times his
regular rate of pay. However, no Employee shall receive more than the above
specified rate for hours worked on any holiday.
SECTION 6 - PART-SHIFT WORK ON HOLIDAY
If an eligible Employee performs work on a holiday, but works less than 8
hours, he shall be entitled to the benefits of Section 2 of this Article
Thirteen to the extent that the number of hours worked by him on the holiday is
less than 8 (or in the case of a part-time Employee the number of hours
determined in accordance with Section 4 of this Article Thirteen). This Section
applies in addition to the provisions of Section 2 of Article Eleven - Hours of
Work - where applicable.
ARTICLE FOURTEEN - WAGES
SECTION 1 - STANDARD HOURLY WAGE SCALES
A. The standard hourly wage scales of rates for the respective job classes and
the effective dates thereof shall be those set forth in Appendix A of this
Agreement.
B. As of the effective date of any increases made in the job class increments
in the standard hourly wage scale rates, the cumulative amount in each job
class resulting from any increased increment shall be used, in whole or in
part, as the case may be, to reduce or eliminate any out-of-line
differentials identified with the specific Employees on specific jobs in
each job class.
C. The rates of pay established after the application of the foregoing
Subsection A shall become effective for all present and future incumbents
of the respective jobs.
D. (1) Except as otherwise agreed between the parties, the out-of-line
differential in effect for an Employee on a given job and identified
with such Employee and such job shall continue to apply only to such
Employee while on such job and remain in effect, subject to adjustment
in accordance with Subsection B above, until the expiration of this
Agreement or until terminated by the parties to this Agreement.
(2) The out-of-line differential multiplied by hours paid for on the job
shall be added to earnings of the Employee.
E. In the event that an Employee who receives such an out-of-line differential
is promoted within a defined seniority unit for regular assignments to a
job of higher job class, or is transferred within an established line of
progression to a job of equal job class, and the standard hourly wage scale
rate in Appendix A of the job to which promoted or transferred is less than
the standard hourly wage scale rate in Appendix A plus the Employee's
out-of-line differential on the job from which promoted or transferred, a
new differential shall be determined and applied as follows:
(1) The new out-of-line differential shall equal
(a) The standard hourly wage scale rate in Appendix A of the job from
which promoted or transferred plus the Employee's out-of-line
differentials on such job; minus
(b) the standard hourly wage scale rate in Appendix A of the job to
which promoted or transferred.
(2) Such new out-of-line differential shall be identified with the
Employee and apply only to such Employee while on such job, and
continue in effect subject to adjustment in accordance with Subsection
B above, until the expiration of this Agreement or until terminated by
the parties to this Agreement.
(3) The new out-of-line differential multiplied by hours paid for on the
job shall be added to earnings of the Employee.
F. In the event an Employee is transferred temporarily at the direction of
Management from his regular job to another job, he shall be paid at the
established rate of pay for the job to which transferred; provided that, if
such rate of pay is less than the rate of pay for the job from which
transferred (plus the Employee's regular out-of-line differential, if any),
the Employee shall receive the difference as a temporary out-of-line
differential; such out-of-line differential shall apply only to the
individual transferred and for the period of transfer; provided further
that nothing in this Subsection shall affect the rights of any Employee or
the Company under any other Article of this Agreement. The new out-of-line
differential multiplied by hours paid for on the job shall be added to the
earnings of the Employee.
[For the Youngstown and Elyria bargaining units, the Standard Hourly Wage Rates
For Non-Incentive Jobs and the Incentive Calculation Rates and Hourly Additive
For Incentive Jobs as last agreed to by the USWA and LTV for each bargaining
unit, including scheduled increases, shall apply. The traditional incentive
plans at the Youngstown plant as last agreed to by the USWA and LTV for the
plant shall apply The traditional incentive plans at the Elyria plant as last
agreed to by the USWA and LTV as frozen for the plant shall apply.]
SECTION 2 - APPLICATION OF THE STANDARD HOURLY WAGE SCALES
The standard hourly wage scale rate for each job shall be as set forth in
Appendix A. In addition: A schedule of trade or craft rates and rates applicable
to multiple-rated jobs, containing: (1) a standard rate equal to the standard
hourly wage rate for the respective job class of the job; (2) an intermediate
rate at a level two job classes below the standard rate; and (3) a starting rate
at a level four job classes below the standard rate shall be established for
each multiple-rated job and for each of the following repair and maintenance
trade or craft jobs:
Electrician - (Xxxxxxx) Millwright [The Youngstown plant and Elyria plant
bargaining units labor agreements shall retain presently listed multiple-rated
jobs and repair and maintenance trade or craft jobs as appear in the last
negotiated USWA/LTV agreement. ]
SECTION 3 - PRODUCTION AND MAINTENANCE JOBS
The established rate of pay for each production or maintenance job, other
than a trade or craft or multiple-rated job as defined in Section 2 of this
Article Fourteen shall apply to any Employee during such time as the Employee is
required to perform such job except as otherwise provided in Subsection D, E,
and F of Section 1 of this Article Fourteen.
SECTION 4 - TRADE, CRAFT OR MULTIPLE-RATED JOBS
A. The established starting rate, intermediate rate, or standard rate of pay
for a trade or craft job or multiple-rated job, as defined in Section 2 of
this Article Fourteen shall apply to each Employee during such time as the
Employee is assigned to the respective rate classification, in accordance
with the applicable provisions identified in Section 6 of this Article
Fourteen.
B. The October 6, 1971 `Understanding with regard to Trade & Craft Additive' -
provided for an increase of two full job classes for each of the trade and
craft jobs listed in Section 2 of Article Fourteen, and this addition is
identified as a trade or craft convention and is recorded as a separate
item in Factor 7 of the agreed upon classifications.
SECTION 5 - LEARNER JOBS
The Company may continue learner jobs where such jobs are now in existence
and may establish additional learner jobs by mutual agreement with the Union.
Learner jobs are not to be described nor classified, but shall be assigned to a
job class four job classes below the job class of the job being learned, except
that an Employee transferred from another job to a learner job shall remain in
the job class for his former job unless, by mutual agreement between the Union
and Management, he shall be assigned to a lower job class.
An Employee shall be assigned to a learner job only until he can perform
satisfactorily the job for which he is being trained and in no event for more
than 520 hours of actual work.
SECTION 7 - INEQUITY COMPLAINTS OR GRIEVANCES PROHIBITED
No basis shall exist for an Employee to allege that a wage rate inequity
exists and no complaint or grievance on behalf of an Employee alleging a wage
rate inequity shall be initiated or processed during the term of this Agreement.
SECTION 8 - CORRECTION OF ERRORS
Notwithstanding any provisions of this Article Fourteen, errors in
application of rates of pay shall be corrected.
SECTION 9 - SHIFT DIFFERENTIALS
For hours worked on the afternoon shift there shall be paid a premium rate
of 30 cents per hour. For hours worked on the night shift there shall be paid a
premium rate of 45 cents per hour.
Shifts shall be identified as follows:
(1) Day shift includes all shifts scheduled to commence between 6:00 a.m.
and 8:00 a.m. inclusive:
(2) Afternoon shift includes all shifts scheduled to commence between 2:00
p.m. and 4:00 p.m. inclusive:
(3) Night shift includes all shifts scheduled to commence between 10:00
p.m. and 12:00 midnight, inclusive.
Any hours worked by an Employee on a shift which commences at a time not
provided for above shall be paid as follows:
(1) For hours worked which would fall in the prevailing day shift of the
plant, no shift differential shall be paid:
(2) For hours worked which would fall in the prevailing afternoon shift of
the plant, the afternoon shift differential shall be paid:
(3) For hours worked which would fall in the prevailing night shift of the
plant, the night shift differential shall be paid.
Shift differential shall be included in the calculation of overtime
compensation and shall be computed by multiplying the hours worked by the
applicable differential and the amount so determined added to earnings. Shift
differential shall be paid for allowed time or reporting time provided for in
Section 2 of Article Eleven - Hours of Work - of this Agreement when the hours
for which payment is made would have called for a shift differential if worked.
[For the Youngstown and Elyria bargaining units, the Shift Differentials as last
agreed to by the USWA and LTV for the bargaining unit shall apply. ]
SECTION 10 - SUNDAY PREMIUM
All hours worked by an Employee on Sunday, which are not paid for on an
overtime basis, shall be paid for at 1-1/2 times the Employee's regular rate.
For the purpose of this provision, Sunday shall be deemed to be the 24 hours
beginning with the turn-changing hour nearest to 12:01 a.m. Sunday. Sunday
premium based on the standard hourly wage scale rate in Appendix A shall be paid
for reporting allowance hours.
ARTICLE FIFTEEN - CHECK OFF
For each Employee who signs a voluntary checkoff authorization card, the
Company will deduct dues for the preceding calendar month following receipt of
such checkoff authorization card and it shall also deduct any assessments
against him which shall be general and uniform among the Employees at the time
who are members of the Union, and if owing by the Employee, his initiation fee,
and promptly remit the same to the International Treasurer of the Union.
Such written authorizations shall be irrevocable for a period of one (1)
year or until the termination or renewal of this Agreement, whichever occurs
sooner, and such written authorizations shall be automatically renewed and shall
be irrevocable for successive periods of one (1) year each, or for the period of
such succeeding collective bargaining Agreements between the Company and the
Union, whichever shall be shorter, unless written notice of revocation is given
to the Company and a copy sent to the Union no more than fifteen (15) days after
the expiration of each period of one (1) year or each succeeding collective
bargaining Agreement between Company and Union, whichever occurs sooner.
The sole authorized representative of the Union, for the purpose of
certifying Monthly dues or initiation fees, or any change therein to be deducted
by the Company for the Union shall be the International Treasurer.
The Union shall indemnify and save the Company harmless against any and all
claims, demands, suits or other forms of liability that shall arise out of or by
reason of action taken or not taken by the Company in reliance upon forms
furnished to the Company by the Union or for the purpose of complying with any
other provisions of this Section.
ARTICLE SIXTEEN - SEVERANCE
ALLOWANCE
SECTION 1 - PERMANENT CLOSING
When, in the sole judgment of the Company, it decides to close permanently
the plant and terminate the employment of individuals, an Employee whose
employment is terminated as a result thereof shall be entitled to a severance
allowance in accordance with and subject to the provisions hereinafter set forth
in this Article. Before the Company shall finally decide to close the plant
permanently it shall give the Union, when practicable, advance written
notification of its intention. Such notification shall be given at least 90 days
prior to the proposed closure date. Along with it, the Company shall provide the
Union with a detailed statement of the reasons for the proposed action and the
information on which it is based. Without limiting the information to be
provided under this paragraph, the Company shall furnish the Union, where
available, and on a confidential basis, profit and loss statements for the
operations that are the subject of the proposed action for the last 24 months of
operations preceding it, any studies or evaluations assessing the feasibility of
continuing the operations, and a detailed breakdown of the costs of maintaining
the operations. The Company will thereafter meet the appropriate Union
representatives in order to provide them with an opportunity to discuss the
Company's proposed course of action. Upon conclusion of such meetings, which in
no event shall be less than 30 days prior to the proposed closure date, the
Company shall advise the Union of its final decision. The final closure decision
shall be the exclusive function of the Company. This notification provision
shall not be interpreted to offset the Company's right to lay off or in any way
reduce or increase the working force in accordance with its presently existing
rights as set forth in this Agreement.
SECTION 2 - ELIGIBILITY
Such an Employee to be eligible for a severance allowance shall have
accumulated 3 or more years of continuous Company service as computed in
accordance with Article Three - Seniority - of this Agreement, provided,
however, that no Employee for purposes of this Article Sixteen shall have any
continuous Company service prior to the date any Employee started at the Counce,
Tennessee Plant of the Company.
SECTION 3 - BENEFITS
An eligible individual shall receive severance allowance based upon the
following weeks for the corresponding continuous Company service:
Weeks of Severance
Continuous Company Service Allowance
3 years but less than 5 years 4
5 years but less than 7 years 6
7 years but less than 10 years 7
10 years or more 8
A week's severance allowance shall be determined in accordance with the
provisions for calculation of vacation allowance as set forth in Section 6 of
Article Twelve - Vacations - of this Agreement.
SECTION 4 - DUPLICATION
Severance allowance shall not be duplicated for the same severance, whether
the other obligation arises by reason of contract, law, or otherwise. If an
individual is or shall become entitled to any discharge, liquidation, severance
or dismissal allowance or payment of similar kind by reason of any law of the
United States of America or any of the states, districts, or territories thereof
subject to its jurisdiction, the total amount of such payments shall be deducted
from the severance allowance to which the individual may be entitled under this
Article Sixteen, or any payment made by the Company under this Article Sixteen
may be offset against such payments. Statutory unemployment compensation
payments shall be excluded from the nonduplication provisions of this Section 4.
SECTION 6 - ELECTION CONCERNING LAYOFF STATUS
Notwithstanding any other provision of this Agreement an Employee who would
otherwise have been terminated in accordance with the applicable provisions of
this Agreement and under the circumstances specified in Section 1 of this
Article Sixteen may, at such time, elect to be placed on layoff status for 30
days if he had already been on layoff status. At the end of such 30-day period
he may elect to continue on layoff status or be terminated and receive severance
allowance if he is eligible for any such allowance under the provisions of this
Article Sixteen, provided, however, if he elects to continue on layoff status
after the 30-day period specified above and is unable to secure employment with
the Company within an additional 60-day period, at the conclusion of such
additional 60-day period he may elect to be terminated and receive severance
allowance if he is eligible for such allowance. Any Supplemental Unemployment
Benefit payment received by him for any period after the beginning of such
30-day period shall be deducted from any such severance allowance to which he
would have been otherwise eligible at the beginning of such 30-day period.
SECTION 7 - PAYMENT OF ALLOWANCE
Payment shall be made in a lump sum at the time of termination. Acceptance
of severance allowance shall terminate employment and continuous service for all
purposes under this Agreement.
ARTICLE SEVENTEEN - SUB GRIEVANCES
The following procedure shall apply only to disputes concerning the
Supplemental Unemployment Benefit Plan (SUB).
If any difference shall arise between the Company and any Employee as to
the benefits payable to him
(b) (a) pursuant to the SUB.
or between the Company and the Union as to the interpretation or application of
or compliance with the provisions of the SUB, and such difference is not
resolved by discussion with a representative of the Company at the location
where it arises, it shall, if presented in writing under the following
provisions become a SUB grievance and it shall be disposed of in the manner
described below:
(a) A grievance must, in order to be considered, be presented in writing
within 30 days after the action giving rise to such difference on a
form to be furnished by the Company which shall be dated and signed by
the Employee involved and the representative designated by the Local
Union to handle such grievances and presented to a local
representative of the Company designated to receive and handle such
grievances. The grievance shall be discussed by such representatives
within 10 days after it has been presented to the representative of
the Company. The representative of the Company shall note in the
appropriate place on the form his disposition of the grievance, his
reasons therefor and the date thereof and shall return two copies of
the form to the local representative of the Union within 10 days after
the date on which it was last discussed by them unless he and the
local representative of the Union agree otherwise. Minutes of any
discussion between the Union and the Company shall be prepared and
signed by the local representative of the Company within 10 days after
the discussion is held and shall be signed by the representative of
the Local Union. If the representative of the Local Union shall
disagree with the accuracy of the minutes as prepared by the Company,
he shall set forth and sign his reasons for such disagreement and the
minutes, except for such disagreement, shall be regarded as agreed to.
Unless the grievance is appealed as set forth below within 10 days
after the date of delivery of the minutes to the representative of the
Local Union, it shall be deemed to have been settled and no appeal
therefrom shall thereafter be taken. Notwithstanding the first
sentence of this Subparagraph, a grievance relating to Short Week
Benefits under the SUB must be presented within 30 days after the date
of the Short Week Benefit draft if the dispute relates to the amount
of the benefit or within 60 days from the end of the week in question
if the dispute relates to eligibility for the benefit.
(b) In order for a grievance to be considered further, written notice of
appeal shall be served, within 10 days after receipt of the minutes
described above, by the representative of the District Director of the
Union, certified to the Company in writing, upon the representative of
the Company similarly certified to the Union by the Company. Such
notice shall state the subject matter of the grievance, the
identifying number and objections taken to the previous disposition. A
grievance which has been so appealed shall be discussed within 30 days
of such notice by such representatives in an effort to dispose of the
grievance. Minutes of the discussion, which shall include a statement
of the disposition of the grievance by the representative of the
Company, his reasons therefor and the date thereof, shall be prepared
and signed by him and delivered to the representative of the Union
within 10 days after the discussion is held. The representative of the
Union shall sign such minutes and shall deliver a copy to the
representative of the Company, and in the event he shall disagree with
the accuracy of the minutes as prepared by the Company he shall set
forth and sign his reasons for such disagreement and the minutes,
except for such disagreement, shall be regarded as agreed to. If an
appeal from the action taken with regard to the grievance in
accordance with the foregoing procedure is not made in the manner set
forth below, the grievance shall be deemed to have been settled in
accordance with such action and no appeal therefrom shall thereafter
be taken.
(c) If the procedure described in Subparagraphs (a) and (b) above has been
followed with respect to a grievance and it has not been settled, it
may be appealed by the District Director, or his representative, to
arbitration by written notice served simultaneously on the Arbitrator
and the certified representative of the Company described in
Subparagraph (b) above within 20 days after the date of delivery of
the minutes to the representative of the Union.
(d) The decision of the Arbitrator on any grievance which has properly
been referred to him shall be final and binding upon the Company, the
Union and all Employees involved in the grievance.
ARTICLE EIGHTEEN - PRIOR AGREEMENTS
ARTICLE NINETEEN - TERM OF
AGREEMENT
The terms and conditions established by this Agreement shall continue until
the expiration of 60 days after either party shall give written notice of
termination to the other party but in any event shall not terminate earlier than
November 15, 2005. If either party gives such notice it may include therein
notice of its desire to negotiate with respect to Life Insurance, (Active and
Retired), Sickness and Accident Benefits, Dental Benefits, Vision Care Benefits,
401(k), and supplemental unemployment benefits (existing provisions or
agreements as to Insurance, 401(k), and Supplemental Unemployment Benefits to
the contrary notwithstanding), and the parties shall meet promptly to negotiate
with respect to such matters. If the parties shall not agree with respect to
such matters by the end of 60 days after the giving of such notice, either party
may thereafter resort to strike or lockout, as the case may be, in support of
its position in respect to such matters as well as any other matter in dispute
(the existing agreement or provisions with respect to Insurance, 401(k), and
Supplemental Unemployment Benefits to the contrary notwithstanding).
Notwithstanding any other provisions of this Agreement or the termination of any
or all other provisions hereof the Supplemental Unemployment Benefit Plan shall
remain in effect until 120 days after written notice of termination served by
either party on the other party or after 30 days after the expiration date of
this Agreement.
Any notice to be given under this Agreement shall be given by registered
mail, be completed by and at the time of mailing; and, if by the Company be
addressed to the United Steelworkers of America at 00 Xxxxxxxx Xxxx, Xxxx,
Xxxxxxxxx 00000 and if by the Union, to the Company at 00000 Xxxxxxxx Xxxxx
Xxxx, Xxxxx 000, Xxxxxxxxxxxx, XX 00000.
UNITED STEELWORKERS OF AMERICA
By:
President
Secretary and Treasurer
Vice President Administration
Vice President Human Affairs
Director District 9
Staff Representative
President, Local No. 7573
Vice President, Local No. 7573
MAVERICK TUBE CORPORATION
By:
APPENDIX A
STANDARD HOURLY WAGE SCALES
OF RATES
JOB EFFECTIVE EFFECTIVE EFFECTIVE
CLASS 2/1/00 8/1/01 2/1/03
----- ------- ------- ------
1-2 $13.742 $14.242 $15.242
3 13.937 14.437 15.437
4 14.132 14.632 15.632
5 14.327 14.827 15.827
6 14.522 15.022 16.022
7 14.717 15.217 16.217
8 14.912 15.412 16.412
9 15.107 15.607 16.607
10 15.302 15.802 16.802
11 15.497 15.997 16.997
12 15.692 16.192 17.192
13 15.887 16.387 17.387
14 16.082 16.582 17.582
15 16.277 16.777 17.777
16 16.472 16.972 17.972
17 16.667 17.167 18.167
18 16.862 17.362 18.362
[Appendix A of the Youngstown P&M unit labor agreement shall set forth the four
(4) additional Job Classes and wage rates as existing in the current USWA/LTV
Appendix.]
Staff Representative
United Steelworkers of America
00 Xxxxxxxx Xxxx
Xxxx, Xxxxxxxxx 00000
Dear Xx. Xxxxxxx:
This will confirm our understanding reached during the negotiation of the
Counce Labor Agreement (Agreement) dated ______________, 2002 concerning safety
shoe allowance.
On August 1, 2003, each Employee will be provided an allowance of $80.00 to
purchase safety shoes for wear at the plant.
Any Employee who is eligible to receive a safety shoe allowance pursuant to
this letter but is or was not paid such allowance because he was then in
inactive status, will receive payment of an allowance when he returns to active
employment. However, an Employee shall in no event be entitled to more than one
such allowance in any calendar year during the term of this Agreement.
Very truly yours, APPLIES TO THE COUNCE PLANT ONLY
Maverick Tube Corporation
RCW:fa
CONFIRMED:
August 1, 1999
Xx. Xxxxx X. XxXxxx Co-Chairman - Negotiating Committee United Steelworkers of
America 000 Xxxxxxxx Xxxx Xxxx, Xxxxx X
Xxxxxxxx, Xxxx 00000
Dear Xx. XxXxxx:
This will confirm our understanding reached during the negotiation of the
1999 Labor Agreements between the parties concerning a Gainsharing Plan for the
LTV Steel Tubular Products Company Plant at Counce, Tennessee (Counce Plant).
In recognition of the significant contributions which productive employees
make to the continuous improvement and thus success of the operation, the
Company has adopted a Gainsharing Plan.
1. The purpose of the plan is to motivate the employees to continuously
improve productivity and quality performance and to share the gains of such
performance with the employees.
2. A Gainsharing Plan bonus of 16% (as described in the Memorandum of
Understanding concerning Gainsharing), effective August 1, 1999, of an
employee's standard hourly wage rate earnings for actual hours worked and
applicable overtime premium hours will be targeted commensurate with
performance and line loading for employees working on jobs classified at
participation Level 1 which shall be 100%. In addition, jobs in
participation Xxxxx 0 and participation Level 3 will have a Gainsharing
Plan bonus opportunity of 85% and 50%, respectively, of the Gainsharing
Plan bonus opportunity for participation Xxxxx 0 jobs. The appropriate
gainsharing bonus earnings will be included in the calculation of vacation
pay.
3. Determinants against which performance will be measured will be, but not
limited to, manhours per ton, yield and claims performance.
4. The capability of the employees to consistently achieve the expected
performance levels of the determinants will be subject to the grievance
procedure.
5. In the event of a major new or changed condition which affects the validity
of the performance or line loading components of the plan, the affected
component shall be changed to preserve the relative contribution of that
component to earnings opportunity.
6. All bargained for employees of the Counce Plant will be participants in the
plan upon completion of their probationary period unless their employment
is terminated for any reason other than retirement or death during the plan
period.
7. The plan period will be each calendar quarter with payments that are due
under the plan payable as soon as practicable after the end of the quarter.
Very truly yours, APPLIES TO THE COUNCE PLANT ONLY
/s/ X. X. Xxxxxx, Xx.
X. X. Xxxxxx, Xx. General Manager
Labor Relations & Industrial Engineering
CONFIRMED:
/s/ Xxxxx X. XxXxxx
Xxxxx X. XxXxxx
Co-Chairman - Negotiating Committee
United Steelworkers of America
June 1, 1994
Xx. Xxxxxxx Xxxxxx
Staff Representative
United Steelworkers of America
0000 Xxxxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxxxx 00000
Dear Xx. Xxxxxx:
This will confirm our understanding reached during the negotiation of the
Counce Labor Agreement (Agreement) dated June 1, 1994 concerning maintenance
efficiencies.
The Parties recognize that in order for the plant to be successful in the
current and future competitive environment, it must be able to maximize the
effective utilization of its people and equipment. Efficient and effective
maintenance of plant equipment is vital if this goal is to be achieved.
Therefore, the Parties have agreed to the following understandings which have as
their objective the enhancement of maintenance efficiency:
1. Employees in non-craft (operating/service) jobs may be assigned to perform,
on their equipment, minor maintenance or adjustments of the skill level
found in single purpose maintenance jobs such as Oiler and Greaser or
Maintenance Helper jobs. Such duties shall contain:
o Inspection and routine lubrication of equipment
o Minor maintenance work of the skill level found in single purpose
maintenance jobs such as Oiler and Greaser or Maintenance Helper jobs.
o Assisting maintenance employees
o Collection and reporting of maintenance data
Incumbents of Assigned Maintenance single purpose non-trade or Craft jobs
such as Oiler and Greaser and Helper jobs such as Millwright Helper shall
not be reduced from their job as a result of non-craft occupations assuming
new duties under the provisions of this paragraph 1.
2. Notwithstanding any prior agreements, the Expanded Trade of Craft jobs of
Maintenance Technician-Mechanical (MTM) and Maintenance
Technician-Electrical (MTE) may be unilaterally installed by the Company
under the provisions of Appendix EE (J&L Agreement) as amended.
3. Uninterrupted operation is established in all maintenance units at the
plant. Elements of uninterrupted operations include, but are not limited
to: continuous unit operating, uninterrupted maintenance activity, flexible
and reasonable time for personal needs and lunch at a suitable site
(whether on or off the job), and "on the job buddy relief" or work
commencing at the job site at the start of the turn and concluding at the
end of the turn. However, under normal circumstances, maintenance employees
who, prior to the implementation of this paragraph had wash up time at the
end of the turn established by practice or agreement and are not on a buddy
relief assignment will be released in sufficient time so as to be at their
locker room ten minutes prior to the end of the turn.
A Local Plant Joint Maintenance Efficiency Implementation Committee shall be
established. The Committee shall be comprised of two members selected by the
Local Union and two members selected by the Company. The Committee shall be
responsible for implementation issues as provided for in this Agreement. Any
implementation dispute that cannot be resolved by the Committee may be submitted
to the Co-Chairman of the Negotiating Committee or their designated
representative for final resolution. If the Co-Chairmen are unable to resolve
the issue, either Co-Chairman may submit the issue, to the arbitrator pursuant
to a procedure agreed upon by the Co-Chairmen. In resolving disputes under this
provision, the arbitrator shall equitably accommodate the company's need for
efficiency in uninterrupted operations with employee needs for reasonable
personal time and reasonable time for lunch at a suitable site. In addition, the
arbitrator shall consider personal needs and lunch arrangements for maintenance
employees at plants of the company where uninterrupted operations in maintenance
units were in effect before the effective date of this Agreement.
Very truly yours, APPLIES TO ALL THREE PLANTS
/s/X. X. Xxxxxxxx
X. X. Xxxxxxxx
General Manager
Human Resources
CONFIRMED:
/s/Xxxxxxx Xxxxxx
Xxxxxxx Xxxxxx
Staff Representative
June 1, 1994
Xx. Xxxxxxx Xxxxxx
Staff Representative
United Steelworkers of America
0000 Xxxxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxxxx 00000
Dear Xx. Xxxxxx:
This will confirm our understanding reached during the negotiation of the
Counce Labor Agreement (Agreement) dated _____________, 2002 concerning certain
matters pertaining to safety and health.
The Company will, as a minimum, provide time off with pay for three (3)
days annually to one Union member of the Joint Safety and Health Committee
beginning in - 2003 and annually thereafter for the life of the Agreement to
attend approved safety and health training.
The Company will change all references to the International Safety and
Health Department in the Agreement to the International Health, Safety and
Environment Department.
Very truly yours, APPLIES TO ALL THREE PLANTS
/s/X. X. Xxxxxxxx
X. X. Xxxxxxxx
General Manager
Human Resources
CONFIRMED:
Staff Representative
______________, 2002
Mr. Xxxx Xxxxxxx
Staff Representative
United Steelworkers of America
00 Xxxxxxxx Xxxx
Xxxx, Xxxxxxxxx 00000
Dear Xx. Xxxxxxx:
This letter will confirm our understanding reached during the negotiation
of the Counce Labor Agreement (Agreement) dated _____________, 2002 concerning
vacation.
For Employees with more than two (2) weeks of vacation entitlement, Plant
Management and the Local Union may mutually agree upon a system that would
permit such Employees to designate one (1) week of vacation entitlement to be
taken in single days.
Effective January 1, 2002, for those employees who are eligible to
designate one (1) week of vacation entitlement to be taken in single days,
single days of vacation will be paid in the pay for the pay period in which the
vacation day(s) were taken. For each single day of vacation, the employee will
receive one-fifth (1/5th) of this calculated weekly vacation rate.
Very truly yours, APPLIES TO ALL THREE PLANTS
RCW:fa
CONFIRMED:
Staff Representative
June 28, 1993
Xx. Xxxxxxx Xxxxxx
Staff Representative
United Steelworkers of America
0000 Xxxxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxxxx 00000
Dear Xx. Xxxxxx:
This will confirm our understanding reached during the negotiation of the
Counce Labor Agreement (Agreement) dated _________________, 2002 concerning the
adjustment of complaints and grievances.
Existing procedural requirements notwithstanding, in an effort to
streamline the grievance and arbitration procedure and to ensure the speedy
resolution of grievances, the following understandings have been reached for the
term of the ________________, 2002Counce Labor Agreement:
1. The Expedited Arbitration Procedure in Article Eleven, Section 6, of the
April 15, 1990 Labor Agreement applicable to production and maintenance
employees at the former Republic Steel Corporation facilities shall be
applicable to the Counce Plant.
2. The Local Union shall have the option of expanding the types of cases
subject to the Expedited Arbitration Procedure by adopting one or both of
the following programs.
a) All grievances involving discipline, except those involving discharge
or discipline for concerted activity, will be processed under the
Expedited Arbitration Procedure.
b) Unless otherwise mutually agreed by the parties, all grievances will be
processed under the Expedited Arbitration Procedure, including those
specified in paragraph a) above, and not including cases involving wage
matters, job eliminations and job combinations, testing, severance
allowance, contracting out matters, significant safety and health
matters, and the benefits agreements.
3. Notwithstanding the above, the Expedited Arbitration Procedure will be
implemented at the Counce Plant only if an Area Arbitration Panel exists
that would service the Counce Plant or, if no such Panel exists, the
parties are able to form such a Panel.
4. The grievant and/or the grievance committeeman will not be docked for time
spent in presenting and discussing First or Second Step Complaints or
Grievances with the appropriate Management representative, if such meeting
is held so as to require time off the job. The current procedures with
respect to scheduling such discussions shall not be affected by this
Agreement.
5. In instances where an employee is entitled to be made whole as a result of
an Arbitration Award or a grievance settlement, earnings of such an
employee from employment outside the Company during any part of the period
in question will not be deducted from the amount owed the employee.
6. The Company will pay a maximum total of sixteen hours lost time to the
Union representatives for participating in each full day of scheduled Third
Step hearings. A full day of scheduled Third Step hearings, for purposes of
this paragraph shall be considered as one in which the Third Step hearings
last six hours or more. In instances where the scheduled Third Step
hearings are completed in less than six hours, the total of sixteen hours
pay for the lost time of participating Union representatives will be
prorated based on the ratio of the length of the hearings to six hours. The
identity of the payees for each such day of Third Step hearings will be
supplied by the Local Union President. The current procedures with respect
to scheduling such Third Step hearings shall not be affected by this
provision.
7. Unless otherwise mutually agreed, in the event Arbitration Awards or
grievance settlements requiring monetary payment are not paid within 30
days after the identity of the payees and the specific amount owed each
payee has been determined, the affected payees will be paid interest at the
current passbook savings account rate of the bank on which the check is
drawn until the payments have been made. This provision will be applicable
to Arbitration Awards issued or grievance settlements concluded after the
effective date of the _____________, 2002 Counce Labor Agreement.
Very truly yours, APPLIES TO ALL THREE PLANTS
/s/X. X. Xxxxxxxx
X. X. Xxxxxxxx
General Manager
Human Resources
DDE/mmb
CONFIRMED:
/s/Xxxxxxx Xxxxxx
Xxxxxxx Xxxxxx
Staff Representative
April 15, 1990
Xx. Xxxxxx X. Xxxxxxxxxx Sub-District Director United Steelworkers of America
0000 Xx. Xxxxxx Xxxx Xxxxx 000, Xxxxxxxx X Xxxxxxx, Xxxxxxxxx 00000
Dear Mr.. Xxxxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Counce Labor Agreement (Agreement) dated April 15, 1990 concerning checkoff.
The Company will implement the dues checkoff provisions of this Agreement
in accordance with the applicable provisions of the Memorandum of Understanding
on Checkoff in the April 15, 1990 Labor Agreement covering production and
maintenance Employees of the former Republic Steel facilities.
Very truly yours, APPLIES TO ALL THREE PLANTS
/s/X. X. Xxxxxxxx
X. X. Xxxxxxxx
General Manager
Human Resources
DDE/mmb
CONFIRMED:
s/Xxxxxx X. Xxxxxxxxxx
Xxxxxx X. Xxxxxxxxxx
Sub-District Director
April 15, 1990
Xx. Xxxxxx X. Xxxxxxxxxx Sub-District Director United Steelworkers of America
0000 Xx. Xxxxxx Xxxx Xxxxx 000, Xxxxxxxx X Xxxxxxx, Xxxxxxxxx 00000
Dear Xx. Xxxxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Counce Labor Agreement (Agreement) dated April 15, 1990 concerning leaves of
absence for Employees who leave their employment with the Company to become
employees or elected officials of the International Union.
1. The parties have reached the following agreement with respect to any
person who
(a) First becomes an Officer or Director of the International
Union after April 15, 1990,
or
(b) Becomes an employee of the International Union and whose
probationary period expires on or after April 15, 1990.
(c) Was an Officer or Director or employee of the International
Union prior to April 15, 1990 but was not as of that date
accruing service for Company pension purposes (for time spent
as an Officer, Director or employee of the International
Union) pursuant to a valid agreement providing for such
accrual.
2. An individual described in paragraph 1 shall be granted a leave of
absence from the Company concurrent with the period of his permanent
employment with the International Union.
3. Once an individual described in paragraph 1 is made a permanent
employee of the International Union (by completing his probationary
period) that person shall, from that point forward and while he retains
his leave of absence status with the Company, not receive any service
credit for Company pension purposes.
4. Such person shall accumulate continuous service for purposes of recall
to employment and for all other purposes under this Agreement, except
pensions, provided that he shall not be entitled to receive any
contractual benefits during the period of his leave of absence or
receive retiree health care benefits from the Company if he is eligible
for coverage in the International Union health care plan for retirees.
Very truly yours, APPLIES TO ALL THREE PLANTS
/s/X. X. Xxxxxxxx
X. X. Xxxxxxxx
General Manager
Human Resources
DDE/mmb
CONFIRMED:
/s/Xxxxxx X. Xxxxxxxxxx
Xxxxxx X. Xxxxxxxxxx
Sub-District Director
June 28, 1993
___________, 2002
Staff Representative
United Steelworkers of America
0000 Xxxxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxxxx 00000
Dear Mr.______________:
This will confirm our understanding reached during the negotiation of the
Counce Labor Agreement (Agreement) dated __________, 2002 concerning
uninterrupted operations.
The parties recognize that an effective way to determine commitment to the
success of the plant is to constantly improve the utilization of people and
equipment.
In order to achieve these improvements, the parties agree that
uninterrupted operation of all production and service units is established.
Elements of uninterrupted operations include, but are not limited to
continuous unit operation, flexible and reasonable time for personal needs and
lunch at a suitable site (whether on or off the job), and "on the job buddy
relief" or work commencing at the job site at the start of the turn and
concluding at the end of the turn.
Although the parties have reached agreement on the establishment of
uninterrupted operations, the par ties also recognize that in order to achieve
the desired results of these improvements, the individual needs of employees
must be recognized and addressed.
Therefore, the parties have agreed that a Joint Local Plant Implementation
Committee consisting of two representatives from the Union and two
representatives from the Company shall be established to resolve any
implementation issues not resolved by the involved employees, including methods
by which employees may continue to have required lunch and personal needs time.
Such Committee shall be required to conclude on all implementation matters
within 120 days of the effective date of this Agreement, unless extended by
mutual agreement.
Any implementation dispute that cannot be resolved by the Plant
Implementation Committee may be submitted to the Co-Chairman of the Negotiating
Committee or their designated representative for final resolution.
If the Co-Chairmen are unable to resolve the issue, it will be submitted to
the arbitrator pursuant to a procedure agreed upon by the Co-Chairmen. In
resolving disputes, the arbitrator shall equitably accommodate the company's
need for efficiency in uninterrupted operations with employee needs for
reasonable personal needs time and reasonable time for lunch at a suitable site.
In addition, the arbitrator shall consider personal needs and lunch arrangements
in comparable production and service units at plants of the company where
uninterrupted operations in such units was in effect before the effective date
of this Agreement.
Very truly yours, APPLIES TO ALL THREE PLANTS
/s/X. X. Xxxxxxxx
X. X. Xxxxxxxx
General Manager
Human Resources
DDE/mmb
CONFIRMED:
/s/Xxxxxxx Xxxxxx
Xxxxxxx Xxxxxx
Staff Representative
June 28, 1993
Xx. Xxxxxxx Xxxxxx
Staff Representative
United Steelworkers of America
0000 Xxxxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxxxx 00000
Dear Xx. Xxxxxx:
This will confirm our understanding reached during the negotiation of the
Counce Labor Agreement (Agreement) dated _________, 2002 concerning an
experimental understanding on summer student employment.
During the term of this Agreement, the probationary provisions of the
Agreement shall be modified as follows for students hired for summer employment
on or after May 1 provided those students terminate their employment on or
before September 15 of the same year:
1. The probationary period of 520 hours of actual work shall be changed to
1200 hours of actual work.
2. The provision for probationary employees rehired at the plant within
one year of the employee's termination to apply their hours of actual
work during their first employment in determining when these employees
have completed their probationary period during their next period of
employment is waived if the next period of employment is for summer
employment covered by this experimental understanding.
3. For purposes of this understanding, a student is defined as an
individual enrolled or registered to attend an educational institution
including a high school, a trade/vocational/technical school, a college
or a university, a junior college, or a community college.
Students hired prior to May 1 or continued in employment after September 15
will not be covered by this probationary experimental understanding but will be
covered by the provisions of the Agreement.
Very truly yours, APPLIES TO ALL THREE PLANTS
DDE/mmb
CONFIRMED:
Staff Representative
DELETE AS TO ALL THREE PLANTS
ADDITIONAL MATTERS - YOUNGSTOWN, OHIO PLANT
o Incentive plans for the P&M unit will be maintained in the
status they had under LTV immediately prior to the Closing
until mutual agreement otherwise
o O&C unit. All changes, deletions and exclusions applicable to
the P&M unit at Youngstown shall apply as applicable to the
O&C unit at Youngstown. The standard biweekly scale of rates
for respective job classes as last agreed to by the USWA and
LTV, including scheduled increases, shall apply. The O&C unit
agreement shall terminate November 15, 2005.
ADDITIONAL MATTERS - ELYRIA, OHIO PLANT
o Incentive plans for the P&M unit will be maintained in the
status they had under LTV immediately prior to the Closing
until mutual agreement otherwise
ADDITIONAL MATTERS - SUCCESSORSHIP - ALL THREE PLANTS
o The Company agrees that it will not sell, convey, assign or
otherwise transfer the plant or significant part thereof if it
has not been permanently shutdown for at least 8 months to any
other party (Buyer) who intends to continue to operate the
business as the Company had, unless the following conditions
have been satisfied prior to the closing date of the sale:
a. The Buyer shall have entered into an Agreement with
the Union recognizing it as the bargaining
representative for the employees within the existing
bargaining unit.
b. If requested by the Company the Union will enter into
negotiations with the Company on the subject of
releasing and discharging the Company from any
obligations, responsibilities and liabilities to the
Union and the employees, except as the parties
otherwise mutually agree.
o The Buyer shall have the option to accept the current labor
agreement with the Union or to enter into a new agreement
establishing the terms and conditions of employment.
o This provision is not intended to apply to any transactions
solely between the Company and any of its subsidiaries or
affiliates or its parent company including any of its
subsidiaries or affiliates; nor is it intended to apply to
transactions involving the sale of stock, except if the plant
or significant part thereof is sold to a third party pursuant
to a transaction involving the sale of stock of a subsidiary.
ADDITIONAL MATTERS - 401(k) PLANS - ALL THREE PLANTS
o Maverick shall adopt a separate 401(k) plan for Maverick
employees employed in each of the USWA bargaining units at the
Counce, Elyria, Ferndale and Youngstown plants. The Youngstown
plant 401(k) plan shall include in a single plan employees
employed in the P&M and O&C bargaining units.
o The 401(k) plan shall have the same terms and provisions as
the Maverick 401(k) currently in effect for Maverick non-union
employees and shall be effective as of the same date the ICBA
for the plant is effective. Service for purposes of the 401(k)
plan shall not include employment with LTV.
o An exception to having the same terms and provisions as the
Maverick 401(k) currently in effect for Maverick non-union
employees, the 401(k) for the USWA bargaining units shall have
the following terms: Maverick shall be required to contribute
per plan year 4% of the employee's W-2 wages paid by Maverick
without any required matching contribution by the employee;
any LTV employee who becomes a Maverick employee and works at
least one (1) hour in a bargaining unit job shall be
immediately vested under the 401(k) plan.
o The claims procedure of the 401(k) plan and not the grievance
and arbitration procedure of the ICBA shall be used to resolve
claims that may arise regarding the administration of the
401(k) plan.
ADDITIONAL MATTERS - HEALTH CARE, LIFE INSURANCE AND LTD PLANS - ALL THREE
PLANTS
o Maverick shall provide group insurance plans for health care,
life insurance, and Long Term Disability for Maverick
employees employed in the USWA bargaining units at the Counce,
Elyria, and Youngstown plants. No retiree coverage is
provided.
o The plans shall have the same terms and provisions, including
co-pays, deductibles and employee premiums, as the Maverick
plans currently in effect for Maverick's non-union employees
and shall be effective as of the same date as the ICBA for the
plant is effective.
o The claims procedure of the plans and not the grievance and
arbitration procedure of the ICBA shall be used to resolve
claims that may arise regarding administration of the plans.
ADDITIONAL MATTERS - HEALTH CARE AND LIFE INSURANCE DURING LAYOFF - ALL THREE
PLANTS
o Maverick shall provide through its group insurance plans for
health care and life insurance for Maverick employees employed
in the USWA bargaining units at the Counce, Elyria, and
Youngstown plants that coverage under the Maverick group plans
for the health care and life insurance shall continue during
layoff for the same duration and subject to the same
conditions as is currently provided in the agreement between
LTV and the USWA for the bargaining unit at the respective
plant.
o For purposes of this provision, where service is used in the
LTV/USWA agreement to determine the duration of coverage
during layoff, service with LTV shall be recognized in
addition to service with Maverick.
o This provision such be shall be effective as of the same date
the ICBA is effective for the plant. It is expressly agreed
that this provision does not apply to LTV employees who are on
layoff as of the date the ICBA is effective at the plant. For
this provision to apply, the employee must be actively at work
as an employee of Maverick on or after the date the ICBA is
effective at the plant and be laid off by Maverick thereafter.
o This provision and the coverage it provides shall terminate in
accordance with the termination provision in the Labor
Agreement.
ADDITIONAL MATTERS - SUB PLANS - ALL THREE PLANTS
o SUB plans currently exist between LTV and the USWA at the Youngstown, Elyria
and Counce plants.
o Except as provided in this provision or in the attached SUB
Plan, the parties agree to same terms and conditions as are
currently set forth in the respective SUB plans between LTV
and the USWA for the Counce, Elyria and Youngstown plants to
be applicable at those three plants. For purpose of service
under the SUB plans, service with LTV would be recognized as
service for Maverick. Provided, however, an employee of
Maverick as defined in the ICBA would not be eligible for SUB
benefits under the Maverick/USWA SUB plan unless, in addition
to other eligibility criteria of the SUB plan, the Employee
was actively at work for Maverick on or after the date the
ICBA becomes effective at the plant and is thereafter laid off
by Maverick.
o The Financial Position of the USWA/Maverick SUB Plan on the
date it initially becomes effective (the day after the Closing
date) shall be the same as the Financial Position of the
USWA/LTV Sub Plan as of the Closing date).
o The SUB Plan agreed to by the parties is attached. ________.
ADDITIONAL MATTERS - EMPLOYEES OF LTV WHO DO NOT BECOME EMPLOYEES OF MAVERICK -
ALL THREE PLANTS
o The parties recognize that the definition of employee as set
forth in this ICBA may exclude employees of LTV who do not
become employees of Maverick because they are not actively at
work at the time this ICBA becomes effective due to such
reasons as sickness, injury, impairment, discharge or layoff
and therefore will not be covered by the provisions of this
ICBA unless and until such person may be employed by Maverick.
The parties agree that what, if any, are responsibilities or
obligations to such persons are matters to be determined
between LTV and the USWA.
ADDITIONAL MATTERS - CONTRACTING OUT - ALL THREE PLANTS
Contracting out section is deleted and replaced with the following two
sections:
Section 1
The Company recognizes that the Union's concern about contracting out work and
with regards thereto the Company will not regularly contract out work to be
performed in the plant that the bargaining unit employees normally perform
while there are bargaining unit employees available who are capable of
performing the subject work. It is further agreed that no work to be
performed in the plant will be regularly contracted out which results in
diminishing the size and scope of the bargaining unit with exception of
temporary surge work due to major construction or major repairs,
emergencies, or when specialized skills or trades or equipment are not
available. In applying the above provisions, one of the considerations
shall be the costs involved.
Section 2
The Company will provide notice to the Local Union President (Unit
Chairperson) or his/her designee of all such contracting out. The parties
will meet to discuss particular work or general issues as a meeting to be
scheduled for that purpose. Awaiting the meeting will not require the
Company to refrain from contracting out the work in question.
ADDITIONAL MATTERS - INSTITUTE FOR CAREER DEVELOPMENT - ALL THREE PLANTS
During this term of this Agreement, the Company shall contribute
fifteen ($.15) cents per hour work in the bargaining unit to an Institute for
Career Development fund for each of the Youngstown (P&M and O&C), Elyria and
Counce plants. The Institute for Career Development ("ICD") and ICD fund shall
be jointly designed and administered by the USWA and the Company for each plant
and will be patterned after the ICD and ICD fund which exists between LTV and
the USWA at the plants. No contribution for overtime hours shall be required.
ADDITIONAL MATTERS - RATIFICATION BONUS - ALL THREE PLANTS
Maverick Tube Corporation shall pay a ratification bonus in the gross
amount of seven hundred fifty ($750) dollars subject to the following
conditions:
(1) Persons eligible. Each USWA member who is, as of the
ratification date, a member in good standing (as determined by
the USWA) in a USWA bargaining unit at the Counce, TN,
Youngstown, OH, Elyria, OH, or Ferndale, MI plants. The number
of good standing members in the aggregate is 248 as of
November 1, 2002.
(2) Time Period. All USWA bargaining units at all plants must
ratify their respective labor agreement for the bargaining
unit no later than November 15, 2002.
(3) List of Persons Eligible. Promptly following the ratification
of all bargaining units, the USWA will supply Maverick Tube
Corporation with a list by plant of the names, mailing
addresses and social security numbers of the persons eligible
for the ratification bonus.
(4) Not Part of Regular Wages. The ratification bonus shall not be
a part of the regular wage rate for persons who become
employees of Maverick Tube Corporation on or after the Closing
date.
(5) Withholding and Deductions: The $750 gross amount of the
bonus payment will be reduced by income tax withholding
and FICA.
(6) When Ratification Bonus Payment Due. A check in the $750 gross
amount of the ratification bonus, reduced by income tax
withholding and/or FICA tax as may be applicable, shall be
mailed to each eligible person at the address provided by the
USWA within ten (10) business days of the Closing, provided
the Closing occurs.
ADDITIONAL MATTERS -NEW EMPLOYEE ORIENTATION - ALL THREE PLANTS
The parties at each plant will develop a joint orientation program for
new hires which will include introduction of management and local union
representatives, joint emphasis on quality and customer satisfaction and
participation and problem solving.
ADDITIONAL MATTERS - COUNCE GAINSHARING PLAN - COUNCE PLANT ONLY
The Company and the USWA agree to discuss the Counce plant Gainsharing
plan within 6 months of the Closing without a requirement of agreement by either
party as to changes/modifications.
ADDITIONAL MATTERS - SETTLEMENT AGREEMENT TO THIS INITIAL COLLECTIVE BARGAINING
AGREEMENT ("ICBA") - ALL THREE PLANTS
1.0 Parties.
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1.1 The parties to each of these Initial Collective Bargaining
Agreements ("ICBA") for the Counce, Tennessee, Youngstown, Ohio and Elyria, Ohio
plants are the United Steelworkers of America, AFL-CIO-CLC ("USWA") with
headquarters at Xxxx Xxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000, and
Maverick Tube Corporation ("Maverick"), whose principal place of business is
located at 00000 Xxxxxxxx Xxxxx Xxxx, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxxx 00000.
2.0 Purposes.
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2.1 Maverick intends to purchase substantially all of the
assets of the Counce, Tennessee, Youngstown, Ohio and Elyria, Ohio tubular
products plants of bankrupt LTV Corporation and to offer employment to persons
who are currently actively at work in jobs in the production and maintenance
units at each plant and the office and clerical unit at the Youngstown plant for
which the USWA is the exclusive bargaining representative. The USWA and Maverick
desire to have in place an ICBA for each of the plants which will become
effective as described in Section 8.0 below.
2.2 The parties have used the printed booklet labor agreement
for the Counce, Tennessee plant between LTV Steel Tubular Products Company and
the USWA dated August 1, 1999 as modified to date as a reference in identifying
topics agreed to be included and excluded in the ICBA for each of the three
plants. It is the intention of the parties to maintain each plant as a separate
bargaining unit with separate plant labor agreements for each plant. The parties
recognize the difficulty in arriving at specific contract language for all
topics agreed to be included in the ICBA for each plant in the time the parties
wish to conclude this ICBA. Therefore, this document is presented in summary
form as to topics to be included and excluded in the ICBA for each plant with
differences as to terms and provision among each plant noted. As to topics which
are included but require modification or substitution of existing language as
noted herein and in the Appendix, the parties recognize their respective
obligations after Closing to negotiate in good faith to arrive at specific
contract language should either party desire to do so.
3.0 Definition of Employee or Purposes of this ICBA.
-----------------------------------------------
3.1 Notwithstanding any other provisions of LTV/USWA labor
agreements or the definition of Employee as it appears in this ICBA and Appendix
for each plant, Employees are (1) persons actually performing work on a job in
the bargaining unit in the pay period immediately preceding the closing; and (2)
persons who would be actually performing work on a job in the bargaining unit in
the pay period immediately preceding the closing but are absent from work in
such pay period because of scheduled vacation, funeral leave, military service
or encampment or other authorized absence for which absence the person continued
to receive his/her regular wage in such pay period; and (3) such persons as
described in provisions (1) or (2) who has not quit, retired or otherwise ceased
active employment with LTV as of the day before the Closing and who accept
employment with Maverick and who actually perform work in a job in the
bargaining unit after Closing.
4.0 Topics Included, Included as Modified and Excluded in the
Separate ICBA For Each of the Plants Using the Counce,
Tennessee LTV/USWA 1999 Booklet Agreement for Reference Are As
Noted in the Xxxx Up of the ICBA.
5.0 Subjects Specifically Excluded in the Separate ICBA for the
Plants at Counce, Tennessee, Youngstown, Ohio, and
--------------------------------------------------------------
Elyria, Ohio.
5.1 In addition to the topics deleted as noted in the
Appendix, the following subjects are specifically excluded from the ICBA for the
Counce, Tennessee, Youngstown, Ohio and Elyria, Ohio plants:
1. Defined benefit pension plan
2. Retiree and surviving spouse health, hospital-medical
and life insurance
3. Overtime Control Training Fund
4. Institute for Career Development (except as provided
under Additional Matters)
5. Employee Investment Program
6. VEBA trust
7. Stand Up for Steel Funding
8. Educational Assistance Plan
9. Neutrality Agreement
10. LTV Supplemental Unemployment Benefit Plan (see
provision concerning a SUB Plan under Additional
Matters)
11. Understanding on National Health Care Program 12.
Family and Medical Leave 13. National Policy for
Steel Agreement 14. Employee and Union Involvement
15. Successorship (see provision concerning successorship
under Additional Matters)
16. Seat on Board of Directors
17. LTV Contracting Out (see provision concerning
contracting out under Additional Matters).
18. Any and all published or unpublished agreements, side
letters or memoranda of understanding not referenced as
included in the xxxx up of the ICBA or 17. immediately
above. Provided, however, that as an exception to the
immediately preceding sentence, there are certain
specific Local Working Condition Agreements ("LWCA")
which the parties agree are made part of this ICBA. A
LWCA which is made part of this ICBA is defined as a
written agreement meeting all of the following
criteria: (a) a separate written agreement not
appearing in the most recent printed labor agreement
booklet between LTV and the USWA for the plant; (b)
which is signed by the USWA and LTV and is now in
effect at the plant; (c) which sets forth a specific
local working condition for the plant; (d) which was
entered into between the USWA and LTV at the plant
level (i) as a result of local plant negotiations
concluded in August of 1999 or hereafter or (ii) if
entered into prior to August of 1999, was recognized or
continued without protest after August of 1999; and (e)
which is not a published or unpublished agreement, side
letter agreement or memorandum of understanding which
is (i) described as excluded in items 1 through 17
above or (ii) deleted as shown in the xxxx up of the
ICBA; or (iii) inconsistent with the provisions of this
ICBA as set forth in the xxxx up of the ICBA.
Within 90 days following this ICBA becoming
effective at the plant, the parties at the plant
shall jointly assemble all LWCA as defined herein for
the plant bargaining unit. Should a dispute arise as
to whether an agreement is a LWCA as defined herein,
the parties at the plant level shall meet to attempt
to resolve the dispute. If the dispute is not
resolved at the plant level, either party may submit
the dispute to arbitration under the arbitration
provisions for the plant/bargaining unit. By mutual
agreement, more than one disputed LWCA may be
presented in the same arbitration. The party
contending that the agreement is a LWCA as defined
herein shall have the burden of proof by clear and
convincing evidence that the agreement meets all of
the criteria of a LWCA as defined herein.
6.0 Maverick Not Responsible For Pre-Effective Date Liabilities or
Obligations
6.1 Maverick shall not be responsible for monetary or other
relief for any period prior to the effective date of this ICBA resulting from
claims, grievances, liabilities or obligations arising from collective
bargaining agreements between LTV or its affiliates and the USWA.
6.2 The sale of assets by LTV to Maverick shall not constitute
an event for which Maverick is liable for severance or any other payment or
benefit to any employee or former employee of LTV whether or not that person
becomes an employee of Maverick after the sale.
7.0 Complete Understandings.
7.1 The parties have negotiated in good faith with respect to
all manner of mandatory and permissive subjects of bargaining either party has
sought to raise. This ICBA contains the complete understanding of the parties
with respect to topics and items to be included in, modified and excluded from
the ICBA for each of the three plants.
8.0 Effective Date of ICBA.
8.1 The parties agree that each separate ICBA for the Counce
plant, the Youngstown plant and the Elyria plant shall not become effective
unless each USWA bargaining unit at all three such plants and the USWA
bargaining unit at the Ferndale, Michigan plant shall have entered into a
separate ICBA for each respective USWA bargaining unit.
8.2 Provided the conditions described in 8.1 above have been
satisfied, the ICBA for each of the USWA bargaining units at the Counce plant,
the Youngstown plant and the Elyria plant shall be effective 12:01 a.m. the day
next following the day on which the Closing occurs. This condition shall only
apply to this ICBA.
Entered Into this 1st day of January, 2003
United Steelworkers of America, AFL-CIO, CLC Maverick Tube Corporation
/s/ X.X. XxXxxx /s/ Xxxxx Xxxxxxxxx
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/s/ Xxxx X. Xxxx /s/ Xxxxxxxx Xxxxxxxxxxx
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/s/ Xxxxxxx X. Xxxxxxxxx /s/ Xxx Xxxxxxx
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/s/ Xxxx Xxxxxxx
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/s/ Xxxx Xxxxxxx
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