EXHIBIT 5
CONTRACT
BETWEEN
XXXX WHOLESALERS OF CINCINNATI, INC.
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS
OF AMERICA, AFL-CIO,
LOCAL UNION 415, INDUSTRIAL,
OHIO CARPENTERS INDUSTRIAL COUNCIL
GREAT LAKES REGIONAL INDUSTRIAL COUNCIL
November 21, 1995
TABLE OF CONTENTS
PAGE
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ARTICLE I. RECOGNITION ............................................... 1
ARTICLE II. PURPOSE .................................................. 1
ARTICLE III. MANAGEMENT RIGHTS ....................................... 1
ARTICLE IV. UNION ACTIVITY ........................................... 2
ARTICLE V. HOURS OF EMPLOYMENT ....................................... 2
ARTICLE VI. UNION RIGHTS TO ACCESS TO PLANT .......................... 2
ARTICLE VII. HOLIDAYS - FUNERAL DAYS - PERSONAL DAYS - JURY DUTY ..... 3
ARTICLE VIII. VACATIONS .............................................. 5
ARTICLE IX. LEAVE OF ABSENCE ......................................... 6
ARTICLE X. SENIORITY ................................................. 6
ARTICLE XI. GRIEVANCE PROCEDURE ...................................... 9
ARTICLE XII. NO STRIKES, NO LOCKOUTS ................................. 10
ARTICLE XIII. UNION XXXXXXX AND SHOP COMMITTEE ....................... 11
ARTICLE XIV. CONFORMITY TO LAW ....................................... 11
ARTICLE XV. BULLETIN BOARDS .......................................... 12
ARTICLE XVI. UNION SHOP .............................................. 12
ARTICLE XVII. SENIORITY OF UNION XXXXXXX ............................. 12
ARTICLE XVIII. CALL IN WORK .......................................... 12
ARTICLE XIX. WAGES ................................................... 13
ARTICLE XX. INSURANCE BENEFITS ....................................... 14
ARTICLE XXI. HEALTH & WELFARE ........................................ 14
ARTICLE XXII. PENSION PLAN ........................................... 15
ARTICLE XXIII. MANAGEMENT AND SHOP COMMITTEES ........................ 16
ARTICLE XXIV. CHECK-OFF .............................................. 16
ARTICLE XXV. UNION LABEL ............................................. 16
ARTICLE XXVI. CLASSIFICATION OF EMPLOYEES ............................ 17
ARTICLE XXVII. EQUAL EMPLOYMENT OPPORTUNITY .......................... 17
ARTICLE XXVIII. DURATION ............................................. 17
AGREEMENT
This Agreement made and entered into this 21st day of November 1995 by and
between Xxxx Wholesalers of Cincinnati, Inc., their successors or assigns,
(hereinafter known as the Company), and the United Brotherhood of Carpenters and
Joiners of America, AFL-CIO, Local Union No. 415, Industrial, Great Lakes
Regional Industrial Council (hereinafter known as the Union).
ARTICLE I. RECOGNITION
Section 1. The Company recognizes the Union as the sole and exclusive bargaining
agent concerning wages, rates of pay, hours of employment and other conditions
of employment of all production and maintenance employees, excluding the
supervisory, guards, and such other employees as those terms are defined in the
Labor Management Relations Act of 1947 as amended.
ARTICLE II. PURPOSE
Section 1. The purpose of this Agreement is to provide terms and conditions of
employment of the employees covered by this Agreement and to promote harmonious
relations between the Company and its employees and means for settlement of any
disputes which may arise between them.
ARTICLE III. MANAGEMENT RIGHTS
Section 1. Except as specifically limited or specifically restricted by the
terms of this Agreement, the Company retains all traditional rights of
management, including, but not limited to, the management of the business and
the direction of its working force, including, but not limited to, the right to
hire, transfer, assign and/or change work assignments to make special work
assignments, promote, suspend, discipline for just cause, discharge for just
cause, establish reasonable rules and regulations governing the attendance,
conduct, performance or ability of employees to perform their work, establish
safety and health standards and mechanisms to ensure compliance with those
standards, (including a reasonable drug and alcohol testing and reasonable
discipline policy), relieve employees due to lack of work or for other
legitimate reasons, maintain discipline and efficiency of all employees, to
determine bonuses, if any, for employees.
Section 2. It is further agreed that the Company shall be the exclusive judge
of, and have final decision in, all matters pertaining to the products or
fabrications to be designed, manufactured, acquired, produced, installed,
repaired, or warehoused; the location of or re1ocation of all plants or
operations or relocation of, additions to and remodeling of same; the methods,
means and processes of designing, producing, acquiring, manufacturing,
repairing, installing or warehousing all products or fabrica-
tions; the location of the place of work for employees; production schedules;
number of employees and specific employees assigned to a particular operation;
the materials to be used of handled, purchased or made; any change of existing
methods or facilities; the control and the regulation of all equipment and
property of the Company.
ARTICLE IV. UNION ACTIVITY
Section 1. The Union agrees that neither it nor any employee represented by it
will conduct any Union activity on the Company premises or time without prior
approval of the Company.
ARTICLE V. HOURS OF EMPLOYMENT
Section 1. Eight (8) hours shall constitute a day's work; such work to be
performed between 7:00 AM and 5:30 PM, Monday through Friday. However, the
Company reserves the right to schedule a regular eight hours' work between 10:00
AM and 9:00 PM with 72 hours notice to the employees. This does not guarantee an
employee eight (8) hours work on any day when business conditions do not warrant
it. The Company will not schedule any shift of less than four (4) hours.
Section 2. All work performed in excess of eight (8) hours in any day and all
work performed outside of hours specified in Section 1 be deemed overtime and
shall be paid for at the rate of time and one-half (1 1/2) the employee's
regular rate of pay. The overtime rate shall apply only to hours worked in
excess of forty (40) when the employee has any absence in the regularly
scheduled work week.
Vacation, holidays, personal days, or any other paid hours as provided for in
this contract shall be considered as time worked in computing the total number
of hours worked in any week.
Section 3. All work performed on Sundays, that is after 12:00 Midnight Saturday
until regular starting time Monday morning, shall be two (2) times the regular
employee's rate of pay.
ARTICLE VI. UNION RIGHTS TO ACCESS TO PLANT
Section 1. Duly authorized representatives of the Union may have access to the
Company's plant at reasonable times during working hours for legitimate Union
purposes and upon prior notification to the Company at its plant office.
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ARTICLE VII. HOLIDAYS - FUNERAL DAYS - PERSONAL DAYS - JURY DUTY
HOLIDAYS
Section 1. The following days shall be deemed paid holidays:
1. New Year's Day 5. Thanksgiving Day
2. Memorial Day 6. Day after Thanksgiving
3. Fourth of July 7. Christmas Eve
4. Labor Day 8. Christmas Day
9. Employee's Birthday
(Note: Employee to
notify management in
work week previous to
birthday.)
Section 2. If an employee is required to work on any of the above named
holidays, he shall be paid his regular established straight time rate of pay for
such work; in addition, he shall receive the eight (8) hours of holiday pay
above provided. In the event such holiday should fall on a premium time day, the
employee shall be paid premium time for hours worked, plus eight (8) hours for
the holiday.
Section 3. Unworked holiday time is to be considered as "time worked" solely for
the purpose of computing work hours in such work week as to which overtime rate
of pay is applicable.
Section 4. No work shall be required of any employee by the Company on Labor
Day, except for protection of life and property.
Section 5. All employees covered by this Agreement shall receive holiday pay for
all holidays which occur within a medical or disability leave of absence for a
period not to exceed three (3) months, or the length of service, whichever is
less.
Service 6. In the event a holiday falls on Saturday, the holiday shall be
celebrated the preceding Friday. In that event, the employee shall be paid at
the end of shift Thursday. In the event the holiday falls on Sunday, the holiday
shall be celebrated on the following Monday. The only exception to the above
shall be set by the Federal Monday Holiday Act.
Section 7. To qualify for holiday pay, the employee shall work the full
scheduled day preceding and the full scheduled day following the holiday or the
day celebrated as such, unless the employee was unable to so work the full
scheduled workday before and/or the full scheduled workday after such holiday on
account of sickness, injury, or circumstances beyond the control of the
employee. The Company shall have the right to require the employee to submit
reasonable proof of inability to work due to sickness, injury, or circumstances
beyond the control of the employee.
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FUNERAL DAYS
Section 1. The Company sympathizes with any employee who suffers a death in his
family. In the event an employee suffers a death in his immediate family as
defined hereafter, the Company shall grant the employee up to three (3)
regularly scheduled work days off (not to exceed a total of six (6) days for any
employee during any one calendar year), with eight hours (8) pay at employee's
regular straight time rate of pay for each of the days, to attend the funeral.
Funeral leave terminates the day of the funeral or the day following if
extensive travel is required.
Section 2. By the term "Immediate Family" shall be defined as:
1. Employee's Current Spouse 7. Parent-In-Law
2. Child 8. Step-Parent
3. Parent 9. Step-Child
4. Brother 10. Step-Brother
5. Sister 11. Step-Sister
6. Grandparent 12. Grandchild
The employee must attend the funeral in order to be eligible for said days off
with pay. Following the death of someone in the employee's immediate family, the
employee shall notify the employer of the occurrence of such death, the date of
the funeral, and the location of the funeral. Upon his return to work,
verification of death may be requested by the Company.
PERSONAL OR SICK DAYS
Section 1. The employer shall be required to pay three (3) personal or sick days
per contract year per employee for each employee covered by this Agreement. The
pay per day shall be eight (8) hours pay at the employee's regular hourly
classification rate of pay. Personal or sick days may be accumulated for the
contract year and paid for. Any unused days shall be paid employee on each
contract year.
Section 2. New employees accrue no personal or sick days for the first year of
employment. After the first anniversary of employment, three (3) days are
available for use at the employee's discretion.
Section 3. EMPLOYEES SHALL TAKE EARNED PERSONAL DAYS AS DESIRED BY THE
EMPLOYEES. ANY EMPLOYEE WANTING TO USE AN EARNED PERSONAL DAY SHALL EITHER
ARRANGE WITH MANAGEMENT IN ADVANCE TO TAKE THE PERSONAL DAY OR NOTIFY MANAGEMENT
NOT LATER THAN 8:15 A.M. OF THE DAY THAT THE EMPLOYEE WANTS TO USE AS A PERSONAL
DAY.
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JURY DUTY
Section 1. Any employee who is required to serve on a jury shall notify
management as much in advance of the date he is to report as possible. Such an
employee will be paid the difference between the amount received for jury
service and eight (8) hours pay at his basic classification rate for each day he
is required to serve that he would otherwise have been scheduled to work for a
period not to exceed eight (8) calendar weeks per year, except in unusual
circumstances. The employee, to be eligible for this payment, shall provide a
statement from the Court showing the dates served and the payment received. An
employee serving jury duty and then released on or before 12:01 PM shall report
to work to complete the regular hours of work.
ARTICLE VIII. VACATIONS
Section 1. Employees shall be granted vacations in accord with the following
schedule. All hours to be paid at the employee's regular hourly rate of pay.
1 Year Seniority (Employment) -- Forty (40) Hours
3 Years Seniority (Employment) -- Eighty (80) Hours
15 Years Seniority (Employment) -- One Hundred Twenty (120) Hours
20 Years Seniority (Employment) -- One Hundred Sixty (160) Hours
(Not applicable to employees hired
since November 22, 1985)
A. Vacations to be scheduled as follows:
April 1 thru September 30 October 1 thru March 31
4 Weeks 2 2
3 Weeks 1 2
2 Weeks 1 1
1 Week - 1
B. Those employees of the Company, who formerly worked at Dor-Win, Inc.
shall have Dor-Win, Inc. seniority added to their present and future
seniority with Xxxx Wholesalers of Cincinnati, Inc. This added
seniority shall apply toward vacation seniority only.
C. NEW EMPLOYEES (Employees hired since November 22, 1985)
1 Year Seniority (Employment) -- Forty (40) Hours
3 Years Seniority (Employment) -- Eighty (80) Hours
15 Years Seniority (Employment) -- One Hundred Twenty (120) Hours
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D. Vacations to be scheduled as follows:
April 1 thru September 30 October 1 thru March 31
3 Weeks 1 2
2 Weeks 1 1
1 Week - 1
Section 2. Employee shall be eligible for earned vacation upon anniversary date
with the Company. Vacation shall be taken at such time and in such rotation so
as not to interfere with the Company's normal operation. Employee's vacation
period, whenever possible, shall be granted to the employee who has the greatest
length of seniority with the Company. Further seniority shall govern as to the
period for employee's vacation.
Section 3. IF THE EMPLOYEE REQUESTS THE PAY AND PROVIDES TIMELY NOTICE TO THE
COMPANY, THE EMPLOYEE'S VACATION PAY SHALL BE PAID TO THE EMPLOYEE ON THE PAYDAY
IMMEDIATELY BEFORE THE WEEK(S) OF VACATION. WHEN AN EMPLOYEE WANTS TO USE ANY
EARNED VACATION DAY(S), THE EMPLOYEE SHALL GIVE AT LEAST TWENTY-FOUR (24) HOURS'
NOTICE TO THE COMPANY, WHICH CAN REASONABLY LIMIT, IN ORDER TO MAINTAIN NORMAL
OPERATIONS, THE NUMBER TAKING VACATION ON ANY GIVEN DAY(S) TO ONE EMPLOYEE IN
EACH CLASSIFICATION. SENIORITY SHALL CONTROL WHEN TWO (2) OR MORE EMPLOYEES IN
THE SAME CLASSIFICATION WANT TO TAKE VACATION AT THE SAME TIME.
Section 4. Should an employee be required to work after vacation has been
approved, he shall receive his vacation pay plus one and one-half (1 1/2) times
his regular rate of pay for work performed except that when employee desires to
work in lieu of vacation, he must make such request in writing to the Company
and if granted, shall receive earned vacation pay plus regular hourly rate for
work performed. In the event an employee does not file a written request or has
not had his vacation approved then canceled by the Company, the employee will be
entitled to any unused vacation pay, to be paid at the end of each calendar
year.
Section 5. When an employee is separated for any reason except just cause, he
shall receive his accrued vacation pay and one twelfth (1/12th) for each month
of earned vacation period in accordance with the schedule in Section 1. Vacation
shall not accrue during lay-off or leave of absence, including disability or
medical leave, for the purpose of this Section.
ARTICLE IX. LEAVE OF ABSENCE
Section 1. Employees may be granted leaves of absence without effect on their
seniority for good and legitimate reasons. Such leaves of absence must be made a
matter of record.
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ARTICLE X. SENIORITY
Section 1. Seniority of employees shall commence with the date of last hiring,
however, no employee shall acquire any seniority rights for the first ninety
(90) calendar days of employment, but if employed for more than ninety (90)
calendar days, seniority shall date back to the date of hiring. Employees for
the first ninety (90) calendar days of employment shall be considered
Probationary Employees and the Company shall, during such ninety (90) calendar
days of employment, be entitled to terminate the employment of such employees
without regard to seniority status at the Company's discretion. A Seniority
List, revised at least every three (3) months, will be posted by the Company on
the bulletin board. The grievance procedure shall not be applied to a
Probationary Employee nor shall it be used to his benefit.
Section 1a. The Company shall have the right to employ student workers at a rate
not less than $1.00 per hour below the stated starting wage. The Company agrees
that at no time will such student employees exceed one student per each five (5)
employees or major fraction thereof. The maximum length of employment of a
student worker shall be 960 hours in any one year. The student worker shall be
required, as a condition of continued employment, to obtain a permit from the
Union after ninety (90) calendar days of employment. Student workers shall have
the same status as a Probationary Employee.
Section 1b. The Company shall have the right to employ temporary workers. The
Company agrees that at no time will the number of such temporary workers exceed
one temporary worker for each five employees or major fraction thereof. The
maximum length of employment of a temporary worker shall be 960 hours during any
one calendar year. The temporary workers shall be required, as a condition of
continued employment, to obtain a permit from the Union after sixty (60)
calendar days of continuous employment. Temporary workers shall have the same
status as a Probationary Employee.
Section 2. When the Company deems that a second shift becomes necessary all
regular employees of the Company, who have the seniority and ability, shall bid
on these said shift jobs before any new employees or probationary period
employees are permitted to be awarded the same jobs.
Section 3. In the event of a decrease in the working force due to lack of work,
employees having no seniority shall be the first to be laid off and thereafter
employees shall be laid off in the inverse order of their seniority, provided
the employees having the greater seniority are qualified, in the opinion of the
Company, to do work available in a reasonable xxxxxxx-like manner. In the
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event of an increase of working force, employees laid off and having seniority
status with the Company shall be called back in order of their respective
seniority and shall be entitled to be recalled to work before new employees
without any seniority status are employed, provided the employees having such
seniority status are qualified, in the opinion of the Company, to perform the
available work in a reasonable xxxxxxx-like manner.
Section 4. Any claimed abuse of the discretion of the Company in making the
above mentioned determination shall be a proper subject for grievance procedures
and any deviation from application of seniority in lay-off or recall to work
shall be first explained by the Company to the Union Shop Committee.
Section 5. Seniority status of an employee shall be terminated in the event of
lay-off after eighteen (18) months, or length of employment, whichever is less,
or in the event that an employee quits or is discharged for just cause and the
discharge is not reversed through grievance procedures, or in the event the
employee on lay-off is recalled to work and fails to report for work within
eight (8) days after mailing of a certified letter notifying the employee to
report for work.
Section 6. It is the obligation of the employee to keep the Company informed at
all times of his correct address for receipt of notice, and a notice to an
employee on lay-off to return to work shall be sufficient if delivered by
telegram or deposited by certified mail in the United States mail addressed to
such employee at his last known address as shown on the books of the Company.
Section 7. THE EMPLOYER AND THE UNION AGREE TO COMPLY WITH THE REQUIREMENTS OF
THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT AND THE FAMILY AND
MEDICAL LEAVE ACT AS THOSE LAWS MAY IMPACT THE SENIORITY STATUS AND REEMPLOYMENT
RIGHTS OF EMPLOYEES TAKING LEAVES UNDER THOSE FEDERAL LAWS.
Section 8. PROMOTIONS, NEW JOB OPENINGS, AND TRANSFERRING SHALL BE AWARDED
ACCORDING TO PLANT SENIORITY AND PROVEN ABILITY IN THE OPINION OF THE COMPANY.
TO ENABLE EMPLOYEES TO BE CROSS-TRAINED AND TO DEMONSTRATE ABILITY TO PERFORM
DUTIES THAT THEY ARE INTERESTED IN PERFORMING ON A REGULAR BASIS, THE COMPANY
WILL MAINTAIN IN THE WAREHOUSE OFFICE A LIST FOR EMPLOYEES TO SIGN THEIR NAMES
AND STATE THE DUTIES THAT THEY EITHER WANT TO LEARN TO PERFORM OR TO DEMONSTRATE
THEIR ABILITY TO PERFORM, AND THE COMPANY WILL MAKE A REASONABLE GOOD-FAITH
EFFORT TO USE SUCH EMPLOYEES IN COVERING EXISTING POSITIONS AND IN DEVELOPING
SKILLS OF SUCH EMPLOYEES TO USE NEW TECHNOLOGY THAT MAY BE INTRODUCED BY THE
COMPANY. WHEN MORE THAN ONE EMPLOYEE WANTS PARTICULAR CROSSTRAINING, THE
EMPLOYER, IN SELECTING THE EMPLOYEE(S), SHALL GIVE DUE CONSIDERATION TO
EMPLOYEES' LENGTH OF SERVICE, WORK HISTORY,
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EDUCATION, PRIOR TRAINING, ATTENDANCE, AND AVAILABILITY, AND TO THE NEEDS OF THE
EMPLOYER. ANY CLAIMED ABUSE OF THE DISCRETION OF THE COMPANY IN MAKING THIS
DETERMINATION SHALL BE A PROPER SUBJECT FOR THE GRIEVANCE PROCEDURE.
Section 9. When a job opening or vacancy occurs, or an employee quits, and the
Company elects to fill the vacancy, a notice shall be posted immediately on the
plant bulletin board and the employees desiring the job shall express their
desire by signing the notice and the job shall be awarded according to plant
seniority and proven ability in the opinion of the Company. Any claimed abuse of
the discretion of the Company in making this determination shall be a proper
subject for the Grievance Procedure. Jobs shall be awarded to the employees
within five (5) working days from date of acceptance of bids for said jobs. This
determination shall be posted within one working day after an employee has been
awarded the posted job.
Section 10. Overtime shall be given to employees in the classification that is
working overtime. In the event no employees are available in classification,
overtime shall be according to plant seniority and ability.
Section 11. No unreasonable amount of overtime shall be performed while any
employees are on lay-off status.
Section 12. When employees with seniority status are on lay-off status, student
workers, temporary workers, and supervisors will not be used to perform any type
of work normally done by bargaining unit employees except if the Company needs
immediate workers and has made a reasonable effort to contact all employees who
are on lay-off status but cannot fill the need, the Company can use student
workers, temporary workers, supervisors, or any combination thereof, to perform
such work.
ARTICLE XI. GRIEVANCE PROCEDURE
Section 1. A grievance is defined as any dispute concerning the interpretation
of application of this Agreement. All grievances between the Union or any
employees and the Employer shall be handled in the following manner:
Step One: Any employee having a grievance shall first present it
to his immediate xxxxxxx, and if not resolved, after first
receiving said xxxxxxx'x permission shall then present it to the
immediate shift xxxxxxx who shall then present it to the
immediate xxxxxxx in the presence of the aggrieved employee and
they shall make every reasonable effort to effect a satisfactory
settlement.
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The above actions must take place within three (3) working days
of the occurrence of the alleged grievance.
Step Two: If the grievance remains unsettled from Step One,
within three (3) working days, it shall be reduced to writing on
a grievance form provided by the Union, signed by the aggrieved
and the immediate shift xxxxxxx and presented to the Plant
Superintendent. The grievance form shall state:
1. Date of alleged grievance.
2. Facts of alleged grievance.
3. Witnesses, if any.
4. Article and Section of Agreement alleged to have been
violated.
5. Requested remedy.
After making every reasonable effort to settle the grievance
with the immediate shift xxxxxxx, aggrieved and/or witness; the
Plant Superintendent shall, within three (3) working days, reply
in writing to the grievance with his decision and reasons.
Step Three: In the event no settlement is reached in Step Two of
the grievance procedure, the grievance shall be taken up by an
Employer official and one or more Business Agents of the
Industrial Council, (plus aggrieved and/or witness if mutually
agreed upon). This meeting shall take place within five (5)
working days of Step Two decision, and/or time mutually agreed
on.
Step Four: IF NO SETTLEMENT OF THE GRIEVANCE IS REACHED AT THE
STEP THREE MEETING, THE EMPLOYER SHALL GIVE ITS WRITTEN ANSWER
TO THE GRIEVANCE WITHIN TEN (10) WORKING DAYS AFTER THE STEP
THREE MEETING. IF THE UNION WANTS TO SUBMIT THE MATTER TO
ARBITRATION, THE UNION MUST GIVE WRITTEN NOTICE TO THE EMPLOYER
WITHIN THIRTY-ONE (31) CALENDAR DAYS AFTER RECEIVING THE
EMPLOYER'S WRITTEN ANSWER TO THE STEP THREE MEETING.
THE EMPLOYER AND THE UNION SHALL ENDEAVOR TO AGREE UPON AN
ARBITRATOR. IF THEY ARE UNABLE TO AGREE UPON AN ARBITRATOR
WITHIN SEVEN (7) CALENDAR DAYS AFTER THE UNION REQUESTS
ARBITRATION, THE REPRESENTATIVES OF THE EMPLOYER AND THE UNION
SHALL ALTERNATELY REMOVE NAMES FROM THE PERMANENT PANEL UNTIL
ONE NAME REMAINS. THE ARBITRATORS AGREED UPON BY THE UNION AND
THE EMPLOYER TO SERVE ON THE PERMANENT PANEL DURING THE TERM OF
THIS AGREEMENT ARE XXXXXXX X. XXXXXXX, XXXXX X. XXXXXXX , XXXXX
X. XXXX, XXXXX X. XXXXXX, AND XXXX X. XXXXXX, WHO ARE QUALIFIED
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IMPARTIAL ARBITRATORS APPROVED AND LISTED BY THE FEDERAL
MEDIATION AND CONCILIATION SERVICE.
It shall be the function of the arbitrator to make a decision in
a case of alleged violation of a specific Article and Section of
this Agreement. He shall have no power to add to, subtract from,
disregard, alter, or modify any of the terms of this Agreement.
The decision of the arbitrator shall be final and binding of the
Company, Union and any employee or employees involved.
The fees and expenses of the Arbitrator shall be shared equally
by the Company and the Union. All other expenses shall be borne
by the party incurring them and neither party shall be
responsible for expenses of witnesses called by the other.
Section 2. Grievances must be taken up promptly, and no grievance will be
considered or discussed which is presented in Step One later than three (3)
working days after it has occurred. Any grievance not processed from Step to
Step within the time limits therein prescribed shall be deemed settled on the
basis of the Employer's and/or Union's last answer.
ARTICLE XII. NO STRIKES, NO LOCKOUTS
Section 1. There shall be no strikes, slowdowns, lockouts or other work
stoppages by the Company or the Union or employees represented by the Union
during the term of this Agreement. The Company agrees that the Union shall not
be responsible for any unauthorized strikes, slowdowns, or work stoppages by the
employees represented by it, provided that the Union uses its best efforts to
terminate any such occurrence, and publicly states that such strike is
unauthorized and uses its best efforts in good faith to obtain the termination
of any such unauthorized action by employees, and it is mutually agreed that any
employee proven participant in such unauthorized action shall be subject to
immediate dismissal by the Company and such dismissal shall not constitute a
grievance under the terms of this Agreement.
ARTICLE XIII. UNION XXXXXXX AND SHOP COMMITTEE
Section 1. It is agreed that the Union may designate one (1) employee to act as
Xxxxxxx for the administration of this Agreement on behalf of the employees
represented by the Union.
Section 2. It is agreed that the Union may designate a Shop Committee consisting
of not more than three (3) in number of the
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employees covered by this Agreement for the administration of this Agreement on
behalf of the employees represented by the Union provided, however, that the
representatives of the Union shall also have the right to administer this
Agreement.
Section 3. The employee designated by the Union as Shop Xxxxxxx for the Union
shall receive fifteen cents (15 (cents)) per hour more than his regular rate,
commencing November 9, 1970, it being the understanding by the parties that
there shall be only one Shop Xxxxxxx designated by the Union for employees
covered by this Agreement.
Section 4. There shall be a Xxxxxxx for committeeman in the plant during all
working hours who shall be responsible for the interest of the employees.
Section 5. If the Company deems a second shift necessary for Company operation,
the Union shall then be allowed one more Committeeman should no Committeeman or
Xxxxxxx referred to in Section 1 and 2 of this Article be working on said shift.
ARTICLE XIV. CONFORMITY TO LAW
Section 1. It is agreed that this Agreement shall be considered amended so as to
comply with all applicable governmental laws, rules, and regulations now or
hereafter in effect during the term of this Agreement.
ARTICLE XV. BULLETIN BOARDS
Section 1. The Company agrees to provide one (1) bulletin board located at or
near the time clock for use by the Union for notice to the employees of Union
activities. Material to be posted by the Union on such bulletin board must be
approved by the Company and the Union Representative.
ARTICLE XVI. UNION SHOP
Section 1. The Company agrees that, as a condition of employment, all employees
in the Bargaining Unit represented by the Union herein, shall be subject to the
limitations and conditions specified in the National Labor Relations Act, as
amended, and the Labor Management Act of 1947, as amended, and in particular
Section 8 (a) 3 thereof, become and remain members of the Union within sixty
(60) calendar days after the execution date of this Agreement or within sixty
(60) days after date of hire, whichever time is later, provided, however, that
no employee shall be discriminated against with respect to employment by the
Company, if the Company has reason to believe that membership in the Union was
denied such employee for any reason other than the failure of such employee to
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pay or tender payment of periodic dues, assessments and initiation fees
uniformly required as a condition of membership in such Union. The Company
agrees to notify the Union of the names and dates of hiring of new employees.
ARTICLE XVII. SENIORITY OF UNION XXXXXXX
Section 1. The employee designated as Xxxxxxx by the Union shall, during his
term of office, be placed at the head of the seniority list and shall hold
seniority over all other employees during such time provided the Xxxxxxx has the
proven ability to perform the work required in the opinion of the Company.
ARTICLE XVIII. CALL IN WORK
Section 1. Each employee reporting for work at his designated work starting time
shall receive four (4) hours work or pay in lieu thereof as minimum pay for such
workday unless such employee is notified by the Company not to report for work
at least eight (8) hours before the employee's scheduled work starting time, or
unless in case of emergency or breakdown or casualty interruption of Company's
business beyond the control of the Company. This does not apply to men who, on
their own, leave after starting time.
ARTICLE XIX. WAGES
Section 1. There shall be a starting rate of not less than Six Dollars and Fifty
Cents ($6.50) per hour for all new employees. After a probationary period of
ninety (90) calendar days, each new employee shall receive an increase in pay of
not less than fifty cents (50 (cents)) per hour. Thereafter, all new employees
shall receive an increase of twenty cents (2O (cents)) per hour on the Monday
next following each of February 22, May 22 and August 22, and shall receive the
same increase as all other employees are entitled to receive under this
Agreement on November 22. All new employees shall be a full scale no later than
three (3) years from their date of hire.
Section 2. Classifications
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
11/22/95 11/22/96 11/22/97 11/22/98
-------- -------- -------- --------
Millmen $11.77 $12.13 $12.49 $12.85
Receiving &
Shipping $11.77 $12.13 $12.49 $12.85
Clerk
Truck Driver $11.77 $12.13 $12.49 $12.85
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Section 3. A thirty (30) minute unpaid lunch break shall be granted each
employee of the Company. The exact time for such lunch period to be designated
by the Company in its discretion as reasonably close to the middle of such shift
hours as the Company determines practicable without adversely affecting
production and operating efficiency. The Company shall post the lunch schedule.
Section 4. The Company agrees to provide a ten (10) minute rest period during
regular morning shift hours and a ten (10) minute rest period during the regular
afternoon shift hours, the exact times for such rest periods to be designated by
the Company in its discretion as reasonably close to the middle of such shift
hours as the Company determines practicable without adversely affecting
production and operating efficiency.
Section 5. The Company shall continue to provide the current lunchroom
facilities for the employees. It shall be a mutual responsibility, both Company
and employee, to maintain the room in a sanitary manner.
Section 6. The Company shall provide coffee at two times each day, before the
regular scheduled starting time and at the scheduled lunch break. There shall be
no eating or drinking in the warehouse or at the work-stations at any time other
than before the work day begins, at the lunch break, or at the scheduled 10
minute breaks.
ARTICLE XX. INSURANCE BENEFITS
Section 1. The employer agrees to pay and bear the cost and expense for each
employee covered by this Agreement at least the insurance benefits listed below.
The Company shall make application immediately upon the execution hereof and the
insurance coverage at the expense of the Company shall become effective when the
policies are issued.
A.
Section 1. Life insurance of at least thirteen thousand five hundred dollars
($13,500.00) per each employee; reduced to one thousand dollars ($1,000.00) at
age seventy (70). Effective January 1, 1993, the amount of life insurance will
be raised to twice the employee's gross earnings at the Company during the prior
calendar year as shown by the W-2 form. For eligible new employees, the amount
of the life insurance will be twice the employee's current hourly rate times
2080 hours.
Section 2. Accidental Death and Dismemberment of at least thirteen thousand five
hundred dollars ($13,500.00), eliminated at age seventy (70) or retirement,
whichever occurs first. Coverage shall be twenty-four (24) hours a day and shall
apply if death or
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dismemberment occurs within ninety (90) days of the accident and is a direct
result of said accident.
SECTION 3. Weekly Indemnity: 1st day accident
8th day of illness up to
27 weeks.
Non-Occupational: at least $175.00 per week
Occupational: at least $125.00 per week
SECTION 4. Long-term disability benefits shall be provided as described in
the Xxxx Flex Benefits program, with the Company-provided program benefits
starting after an employee is unable to work for 180 consecutive days and
with the plan paying benefits of 60% of the employee's regular earnings,
provided that the amount is reduced by any Social Security, workers'
compensation, or other payments which the employee may receive.
ARTICLE XXI. HEALTH & WELFARE
SECTION 1. Effective January 1, 1993, employees shall be offered the
opportunity to select among the health-care options in the Xxxx Flex Benefits
program. The Company agrees to bear the expense of comprehensive medical care
coverage for the individual employee participating in Gold Seal I, Gold Seal
II or Gold Seal III programs. Eligibility, deductibles, co-insurances,
credits, options and benefits shall be as described in the Xxxx Flex Benefits
program.
SECTION 2. Married employees and formerly-married employees with dependent
children may participate in the family plan options under the Xxxx Flex
Benefits program effective January 1, 1993, with family coverage under Gold
Seal I, Gold Seal II and Gold Seal III available at no cost to the employee
during 1993. In 1994 and 1995, a participating employee electing Gold Seal I
shall bear any costs established for all other family plan participants in
Gold Seal I, but family coverages shall be available in 1994 and 1995 under
Gold Seal II and Gold Seal III programs at no cost to the employee.
Eligibility, deductibles, co-insurances, credits, options and benefits shall
be as described in the Xxxx Flex Benefits program.
SECTION 2a. The Company further agrees to waive all waiting periods on
pre-existing conditions, including maternity, for employees enrolled on
November 22, 1988.
Section 3. When an employee ceases to be actively engaged in work by reason
of sickness or injury of any kind, or by reason of lay-off due to lack of
work, the Employer shall continue those policies as specified in Sections 1
and 2 for a period of three (3) months of service, whichever is less, after
the month in which said employee shall cease to be engaged in work for the
Employer for reasons aforementioned.
Section 4. It is agreed by the Union that the employees' health and welfare
herein above listed may be brokered out to others than the carrier herein
mentioned, but all coverage shall be exactly the same as above better the
existing coverage.
ARTICLE XXII. PENSION PLAN
Section 1. All employees shall be covered in the Pension Plan known as
Pension Plan No. 002 between Local Union No. 415 and Xxxx Wholesalers of
Cincinnati, Inc.
Section 2. The Pension Plan administration, copy of Plan, etc., shall be the
sole responsibility of the Employer.
Section 3. The Company agrees to pay the full cost of a Pension Plan for the
benefit of all employees covered by this Agreement. Said Pension Plan to take
effect November 9, 1979 and General Provisions outlined Exhibit A of this
Agreement.
Section 4. In addition to the Pension Plan described in this Article of
Incorporation provide effective January 1, 1993 a 401(k) program which shall
be the same program offered to all management and salaried employees of the
Company.
ARTICLE XXIII. MANAGEMENT AND SHOP COMMITTEES
Section 1. A Safety Committee consisting of two (2) employees designated by
the Union and two (2) salaried managers chosen by the Company shall meet on
Company premises on working time for one (1) hour in the morning of the
first or second Friday of each month to address safety and sanitation issues
and to make recommendations to the Company for developing, implementing and
enforcing safety procedures and practices, Safety and sanitation problems can
be presented anonymously in writing to the Safety Committee by any employee.
ARTICLE XXIV. CHECK-OFF
Section 1. Check-off authorization: It is understood and agreed between the
Employer and the Union that the Employer will deduct current Local No. 415
monthly dues, Initiation Fees, Fines and Assessments and xxx Xxxxxxxxxx
Industrial Council dues from
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the paycheck of all employees who have signed proper legal authorization forms
for such deductions and who are covered by this Agreement. Monthly local union
dues (payable in advance) will be deducted on the first full pay period of the
current month, after check-off authorization cards are received by the Company.
The Ohio Carpenters Industrial Council dues will also then be deducted in the
first full pay period for hours actually worked in the preceding month
(exclusive of overtime). The local's monthly dues shall be remitted to the
Financial Secretary-Treasurer of the Local Union. The Ohio Carpenters Industrial
Council dues shall be remitted to the Secretary-Treasurer of the Ohio Carpenters
Industrial Council.
Section 2. Indemnification of Company: The Union will indemnify the Company
against any liability arising out of such deductions based upon the
authorizations and lists furnished by the Union.
ARTICLE XXV. UNION LABEL
Section 1. It is hereby understood and agreed by the Employer and the Union that
an application shall be made for the Union Label to the First General Vice
President of the United Brotherhood of Carpenters and Joiners of America. If the
application is approved, and the Union Label is issued by the United Brotherhood
of Carpenters and Joiners of America to be placed upon the Employer's products,
it is understood and agreed that the Label shall remain in the property of the
United Brotherhood of Carpenters and Joiners of America, and shall be at all
times in the possession of a member of the United Brotherhood of Carpenters and
Joiners of America; and that said Union Label shall at no time be used in any
manner that will be detrimental to the interest and welfare of the members of
the United Brotherhood. Use of said Label may be withdrawn from the mill, shop,
factory, or manufacturing establishment of the Employer at any time at the
discretion of the International Union.
ARTICLE XXVI. CLASSIFICATION OF EMPLOYEES
Section 1. Article XIX, Section 2 of this Agreement lists three (3)
classifications for employees. A list of all present employees and their
respective classifications shall be made a part of this contract. List shall be
known as Exhibit B. Exhibit B shall be shown on the last page of this contract.
ARTICLE XXVII. EQUAL EMPLOYMENT OPPORTUNITY
Section 1. Neither the Company nor the Union shall discriminate against any
applicant or employee because of race, color, sex, religion, national origin,
disability, or age (if 18 or older).
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Section 2. The use of any words of the masculine gender (he, his, him, etc.) in
this Agreement is intended to apply equally to all employees and other persons,
male and female alike.
ARTICLE XXVIII. DURATION
This Agreement shall become effective on the 22nd day of November 1995 and shall
remain in effect through the 21st day of November 1999 and thereafter shall
automatically renew for periods of one (1) year unless sixty (60) days prior to
the 21st day of November 1999, or any anniversary date thereafter, one of the
parties gives written notice to the other party of a desire to terminate
Agreement and negotiate a new Agreement.
COMPANY: UNION:
XXXX WHOLESALERS OF
CINCINNATI, INC.
/s/ Xxxxxx X. Xxxxxx, Xx. /s/ Xxxx Xxxxx
------------------------------- -------------------------------
Xxxxxx X. Xxxxxx, Xx. Xxxx Xxxxx
Business Agent, Great Lakes
Regional Industrial Council
WITNESS: NEGOTIATING COMMITTEE
/s/ Xxxxx Xxxxx /s/ Xxxxx Xxxxxx
------------------------------- -------------------------------
Xxxxx Xxxxx Xxxxx Xxxxxx, Xxxxxxx
/s/ Xxxxxx Xxxx
-------------------------------
Xxx Xxxx
/s/ Xxxx Xxxxxx
-------------------------------
Xxxx Xxxxxx
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EXHIBIT A
OUTLINE OF PROVISIONS OF
XXXX WHOLESALERS OF CINCINNATI, INC.
LOCAL UNION NO. 415 INDUSTRIAL PENSION PLAN
EFFECTIVE: November 9, 1979
ELIGIBILITY REQUIREMENTS:
All regular full-time Union employees of the Company.
NORMAL RETIREMENT:
Normal retirement shall mean the date on which a participant shall have
attained age 65 and earned a minimum of 10 years of service. Years of service
shall include time with the Company or time with Xxxxxxx Enterprises. However,
consideration of time with Xxxxxxx Enterprises shall apply only to those
employees active at the Company on or before November 10, 1982.
NORMAL RETIREMENT BENEFITS:
EFFECTIVE NOVEMBER 22, 1995, THE BASE SHALL BE TWELVE DOLLARS ($12.00).
NORMAL RETIREMENT DATE:
The first day of the calendar month in which the participant's SIXTY-FIFTH
(65TH) birthday occurs.
DISABILITY RETIREMENT ELIGIBILITY:
At any age and ten (10) years of seniority or service mentioned above.
(Must be eligible for Disability Benefits under Social Security Act).
VESTING:
Participants with five (5) years or more credited service will be one
hundred percent (100%) vested in their accrued benefits.
JOINT ANNUITY FOR BENEFIT OF SURVIVING SPOUSE:
Participants will have the option to elect, prior to retirement, to
receive a reduced benefit which will be paid during the lifetime of the
participant and then continue to be paid during the lifetime of the
participant's surviving spouse. The amount of the reduced benefits and the
conditions of the election of this option will be in accordance with the
provisions of ERISA.
TRUSTEE:
All assets of the Pension Plan will be held in Trust by a national bank or
by an insurance company. The Company will administer the plan on a day-to-day
basis, but the Trustee or insurance company will hold an account for the funds
and will make payment of all benefits, etc.
OTHER PROVISIONS:
All provisions of the Plan will meet the requirements of ERISA. Amendments
to the Plan will be made from time to time as may be required to continue to
meet the requirements of ERISA. No changes will be made to the Plan during the
term of this Agreement, NOVEMBER 22, 1995 THROUGH NOVEMBER 21, 1999, which
adversely affect any participant, except any such change which is mandatory
under applicable law.