AGREEMENT made this 10th day of December, 1999, retroactive
to and effective as of the 10th day of November, 1999, by and between EON LABS
MANUFACTURING, INC., whose principal office is located at 000-00 Xxxxx Xxxxxxx
Xxxxxx, Xxxxxxxxx, Xxx Xxxx 00000, hereinafter designated as the ("EMPLOYER");
and DRUG, CHEMICAL, COSMETIC, PLASTICS AND AFFILIATED INDUSTRIES WAREHOUSE
EMPLOYEES LOCAL 815, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA; whose office is located at 000
Xxxxxx Xxxxxx, Xxxxxxxxx Xxxxxx, Xxx Xxxxxx 00000; hereinafter designated as the
"UNION".
IN CONSIDERATION of the premises and of the mutual and reciprocal
promises herein made and obligations herein assumed, as more fully hereinafter
set forth, the parties agree as follows:
FIRST: The Employer recognizes the Union as the sole and
exclusive collective bargaining agent for all employees, excluding executives,
non-producing supervisors, office and clerical employees, salesmen, graduate
chemists, and the employee listed on Schedule "A", which schedule is attached
hereto and made a part hereof. Whenever the word "employees" is used in this
Agreement, it shall refer to all such employees in the bargaining unit as
defined above.
- 2 -
All employees shall, as a condition of continued
employment, become and remain members of the Union in good standing after they
have completed thirty days of employment or thirty days after execution of this
Agreement, whichever is later; provided, however, that no employee shall be
removed from his employ under this Paragraph so long as he continues to tender
uniform dues and initiation fees to the Union after such thirty-day period. Any
employee who fails to maintain his membership to the extent of not paying
uniform dues and initiation fees after such thirty-day period, shall be
discharged by the Employer within forty-eight hours after receipt of notice from
the Union that such employee has not paid uniform dues and initiation fees.
There shall be a trial period of thirty days for all new
employees commencing with the first day of employment, and during such trial
period the Employer may discharge such employee, and such discharge shall be
final and shall not be subject to arbitration as provided herein. For skilled
employees only, upon request by the Employer and with the approval of the Union,
such period may be extended for an additional period not to exceed sixty (60)
days. The Union shall not unreasonably withhold its consent to such a request.
- 3 -
SECOND: The Employer may discharge any employee at any time
for just cause. In the event the employee is proven to have committed an act
amounting to dishonesty or criminal negligence or violates any section of the
Food, Drug and Cosmetic Act, or other similar Federal, State or Local Health
Laws, the Employer may summarily discharge such employee.
THIRD: (A) Seniority shall consist of length of continuous
service with the Employer from the date of employment as an employee within the
bargaining unit on a plant-wide basis, for the purpose of computing benefits of
employment accruing to employees under this Agreement. Plant-wide seniority will
be observed in layoffs, reduction of working forces and recall, providing and
depending upon the skill and ability of an employee to perform the necessary and
required duties of work to be performed.
(B) Seniority shall cease and be ended:
1. If the employee shall voluntarily leave the service of the Employer;
2. If the employee is discharged from employment for just cause;
- 4 -
3. If the employee, after being laid off, shall fail to report to the
Employer's employment office within three working days after receipt of a notice
in writing by the Employer, which notice shall be sent by registered mail to the
employee's last post office address;
4. If the employee has been laid off for a continuous period of one
year or more;
5. If the employee is granted a leave of absence by the Company and
does not report back to work on the designated day.
(C) The Employer may reduce the number of employees
employed in the plant, or the number of employees in any particular operation,
whenever it may deem it necessary in accordance with Paragraph Third as stated
herein.
FOURTH: The Employer shall deduct uniform membership dues and
initiation fees from the employees' salaries, and make such deductions from
the first full week's payroll in each month and transmit all such funds
deducted no later than the fifteenth day of each month. All funds deducted
from the employees' salaries for the payment of such dues and initiation fees
shall be held in trust by the Employer and shall be considered at all times
the property of the Union, provided, however, that prior to making such
deductions the Employer has
-5-
received from each employee on whose account such deductions are made a written
assignment, which shall not be irrevocable for a period of more than one year or
beyond the termination date of this Agreement, whichever occurs sooner, and
which may contain a clause that such assignment shall be automatically renewed
for additional periods of one year, unless the employee shall terminate such
assignment in writing within thirty days prior to any expiration date thereof.
FTFTH: It is hereby agreed by and between the respective
parties that, commencing with the week ending November 12, 1999 (being a
continuation of contributions previously made), the Employer shall pay to the
Allied Welfare Fund the sum of Sixty-Nine ($69.00) Dollars, and commencing with
the week ending November 17, 2000 the sum of Seventy-one ($71.00) Dollars, and
commencing with the week ending November 16, 2001 the sum of Seventy-three
($73.00) dollars each and every week for each employee who is employed within
the bargaining unit, commencing with the first day of employment of such
employee, regardless of whether such employee is a member of the Union and
regardless of the number of hours worked during the week. The Employer shall
submit to the Fund a list of the employees for whom such payments are made.
Vacations, holidays and sick leave with pay shall be deemed time worked. The
Employer's payroll records, social security records
-6-
or other pertinent data shall be open for inspection and audit by the Fund upon
demand. Such payments shall be made directly to the Allied Welfare Fund and
shall be held subject to the provisions of a trust indenture effective January
26, 1954 and any amendments, changes or additions thereto. The Fund shall be
managed and administered by a board of trustees equally representative of the
employers and the Union. In the event the Employer and the Union trustees
deadlock on the administration of the Fund, they shall agree on an impartial
umpire to decide such dispute; or in the event of their failure to agree within
a reasonable length of time, an impartial umpire shall, on petition of either
trustee, be appointed by the District Court of the United States for the
district where the Fund has its principal office. The trustees shall make
provisions for an annual audit of the Fund. A statement of the results shall be
available for inspection by interested persons at the principal office of the
Fund and at such other places as may be designated by the trustees.
Such contributions shall be used for the purpose of
providing insurance, welfare, major medical insurance and similar benefits for
employees employed by the Employer, employees employed by all other employers
similarly situated, their families, and the payment of reasonable administrative
expenses of the Fund; and shall, in
-7-
addition, be used and disbursed by the trustees pursuant to the terms,
conditions and provisions of the trust indenture or any amendments, changes or
additions thereto; and the rules, regulations and resolutions adopted
thereunder. Neither the Union, nor any member of the Union individually or
collectively; nor any International Union, nor any body with which the Union nay
be affiliated; nor any participating employer individually or collectively; nor
any combination thereof; nor any association, corporation, group, entity, person
or trust; nor any successor or assign thereof, either directly or indirectly,
shall have any right, title, interest or claim in or to the Fund or any part
thereof; nor to any accounting, supervision or control thereof, of whatsoever
kind or nature. All monies, contributions, property, assets of the Fund and
those hereafter acquired; and the ownership control and the administration of
the Fund shall irrevocably, inseparably and forever remain vested exclusively in
the trustees of the Fund. No employee of any participating employer; nor any
employee of the Union; nor any person claiming by, through or under such
employee, either directly or indirectly, shall have any right, title, interest
or claim in or to the Fund or to any part thereof; nor to any accounting,
supervision or control thereof of whatsoever kind or nature; nor any claim
against the Union, participating employers, or the trustees, or to the
contributions of his or her employer to the Fund or any assets or monies held by
the
-8-
Fund except such benefits as are provided for by the plan and/or by the rules
and regulations from time to time established and promulgated by the trustees in
accordance with the powers granted by the trust indenture, as the same may be
amended or modified from time to time. The discretion of the trustees as to the
administration, use and disbursement of the Fund shall be final and conclusive.
All payments shall be due and payable on the first day
of each month, for the preceding month. If the Employer fails to make a payment
or payments required hereunder, on or before the tenth day of the succeeding
month, then the Trustees may require, and the Employer agrees to pay, interest
on any unpaid balance at the applicable rate as permitted by law. In addition,
the Employer specifically agrees that it shall be liable for all auditing
expenses, collection costs and legal fees incurred by the Union or by the
Trustees of the Fund for the collection of such payments.
From and out of the contributions made to the Allied
Welfare Fund as specified above, Eight Dollars per employee per week shall be
unconditionally and irrevocably allocated and paid to the Union Mutual Medical
Fund subject to the provisions of a trust indenture effective September 6, 1978
and any amendments,
-9-
changes or additions thereto, for the benefit of retired employees of the
Employer and retired employees of all other employers similarly situated and
their families who are receiving pension benefits from the Union Mutual Fund,
and those employees of the Employer and of all other employers similarly
situated whose pension benefits from the Union Mutual Fund have been vested and
who, in either case, are and remain members in good standing of the Union Mutual
Benefit Association. All sums contributed to the Union Mutual Medical Fund and
the affairs of said Fund shall be managed and administered by a Board of
Trustees equally representative of the employers and the participants. All of
the foregoing conditions and provisions applicable to the Allied Welfare Fund
shall be equally applicable to the Union Mutual Medical Fund.
SIXTH: It is hereby agreed by and between the respective
parties that, commencing with the effective date of this Agreement (being a
continuation of contributions previously made), the Employer shall pay to the
Union Mutual Fund the sun of Twenty-Four Dollars each and every week for each
employee who is employed within the bargaining unit commencing with the first
day of employment of such employee, regardless of whether such employee is a
member of the Union and regardless of the number of hours worked during the
week; and the Employer shall submit to the Fund a list of the
-10-
employees for whom such payments are made. Vacations, holidays and sick leave
with pay shall be deemed time worked. The Employer's payroll records, social
security records and other pertinent data shall be open for inspection and audit
by the Fund upon demand. Such payments shall be made directly to the Union
Mutual Fund and held subject to the provisions of a trust indenture effective
November 1, 1955 and any amendments, changes, or additions thereto. The Fund
shall be managed and administered by a board of trustees equally representative
of the employers and the Union. In the event the Employer and the Union trustees
deadlock on the administration of the Fund, the two shall agree on an impartial
umpire to decide such dispute; or in the event of their failure to agree within
a reasonable length of time, an impartial umpire shall, on petition of either
trustee, be appointed by the District Court of the United States for the
district where the Fund has its principal office. The trustees shall make
provisions for an annual audit of the Fund, a statement of the result of which
shall be available for inspection by interested persons at the principal office
of the Fund and at such other places as may be designated by the trustees.
The Fund shall be used for the purpose of providing
pensions and/or annuities and similar benefits for employees employed by the
Employer, employees
-11-
employed by all other employers similarly situated, the payment of reasonable
administrative expenses of the Fund and shall, in addition, be used and
disbursed by the trustees pursuant to the terms, conditions and provisions of
the trust indenture, or any amendments, changes or additions thereto; and the
rules, regulations and resolutions adopted thereunder. Neither the Union, nor
any member of the Union individually or collectively; nor any International
Union; nor any body with which the Union may be affiliated; nor any
participating employer individually or collectively; nor any combination
thereof; nor any association, corporation, group, entity, person or trust; nor
any successor or assign thereof either directly or indirectly, shall have any
right, title, interest or claim in or to the Fund, or any part thereof; nor to
any accounting, supervision or control thereof of whatsoever kind or nature. It
is understood and agreed that the Employer and all other employers similarly
situated may have a continuing financial obligation pursuant to the provisions
of the Employee Retirement Income Security Act of 1974, in the event of
termination or partial termination of the Fund. All monies, contributions,
property, assets of the Fund and those hereafter acquired; and the ownership,
control and the administration of the Fund shall irrevocably, inseparably and
forever remain vested exclusively in the trustees of the Fund. No employee of
any participating employer; nor any employee of the Union; nor any person
claiming by, through or under such
-12-
employee, either directly or indirectly, shall have any right, title, interest
or claim in or to the Fund or any part thereof; nor to any accounting,
supervision or control thereof of whatsoever kind or nature; nor any claim
against the Union, participating employers or the trustees; nor to the
contributions of his or her employer to the Fund; nor to any assets or monies
held by the Fund except such benefits as are provided by the plan and/or by the
rules and regulations from time to time established and promulgated by the
trustees in accordance with the powers granted by the trust indenture, as the
same may be amended or modified from time to time. The discretion of the
trustees as to the administration, use and disbursement of the Trust Fund shall
be final and conclusive.
All payments shall be due and payable on the first day
of each month, for the preceding month. If the Employer fails to make a payment
or payments required hereunder, on or before the tenth day of the succeeding
month, then the Trustees may require, and the Employer agrees to pay, interest
on any unpaid balance at the applicable rate as permitted by law. In addition,
the Employer specifically agrees that it shall be liable for all auditing
expenses, collection costs and legal fees incurred by the Union or by the
Trustees of the Fund for the collection of such payments.
- 13 -
SEVENTH: (A) For full time employees, forty hours shall
constitute the normal work week, Monday through Friday inclusive, eight hours
per day. The number of hours to be worked shall be designated by the Employer
and may be varied from time to time as the Employer may find it necessary.
(B) Hours worked in excess of forty hours in any
workweek or eight hours in any one day shall be paid for at one and one-half
times the regular straight-time rate of pay; it being specifically understood
that there shall be no duplicate of pay for overtime work. Excused absences
shall be deemed time worked insofar as the provisions of this Paragraph are
concerned.
(C) All hours worked on Sunday shall be paid for at the
rate of double time.
(D) Each employee shall be allowed three minutes at the
start of his or her work shift for clocking-in, and said three minutes will not
be deducted from the employee's pay.
- 14 -
(E) Each employee arriving more than three minutes late
at the start of his or her work shift, shall clock-in at the next quarter hour
immediately after their arrival.
(F) Each employee shall receive a five minute wash-up
period each day, at the conclusion of his or her work shift.
EIGHTH: SHIFT DIFFERENTIAL
(A) Shift designations will be based on an employee's
regularly scheduled start time, as follows:
Regularly Scheduled
Shift Start Time
----- -----------
First 6:00 a.m. - 10:00 a.m.
Swing 10:01 a.m. - 2:00 p.m.
Second 2:01 p.m. - 6:00 p.m.
Third 6:01 p.m. - 5:59 a.m.
(B) Shift differential will be paid for time actually
worked and paid time off (including holidays, vacations and sick days as
follows:
- 15 -
Shift Differential
----- -----------
First -----
Swing 5%
Second 10%
Third 15%
(C) Work performed at the end of an employee's regularly
scheduled work shift will be deemed a continuation of the employee's shift and
overtime shall be paid based on the employee's base rate of pay (including shift
differential, if applicable) and will not be considered a new (later) shift. By
way of example, an employee regularly scheduled to work 8:00 a.m. to 4:30 p.m.
is first shift. If such employee continues and works from 4:30 p.m. until 6:30
p.m., such additional two hours will be paid at the rate of one and one-half
times the first shift, and not the second shift, rate.
(D) Work performed prior to an employee's regularly
scheduled work shift will be paid at the rate applicable to the employee's
regularly scheduled work shift. By way of example, an employee regularly
scheduled to work 3:00 p.m. to 11:30 p.m. is second shift. If such employee
- 16 -
reports early and works from 1:00 p.m. to 11:30 p.m., such additional two
hours (1:00 p.m. to 3:00 p.m.) will be paid at the rate of one and
one-half times the second shift rate.
NINTH: SHIFT ASSIGNMENTS AND STARTING TIMES
(A) The Company has the absolute right to determine the
number of employees and the work to be performed on any shift.
(B) (1) In the event the Company seeks to fill positions
on a particular shift, it will first seek volunteers from among those employees
qualified to perform the work. Selections from an excess of qualified volunteers
will be on the basis of greatest seniority. In the event of insufficient
qualified volunteers, qualified employees will be re-assigned involuntarily on
the basis of least seniority. No employee will be so involuntarily reassigned on
less than five (5) working days' notice.
(B) (2) The provisions of Sub-Section B(1)
notwithstanding, the Company may involuntarily reassign qualified employees
between shifts, out of seniority order, each for periods of up to two (2)
months when, in the Company's good faith business judgment, such action
-17-
is necessary to allow the shifts in question to operate efficiently. No employee
will be so involuntarily reassigned on less than five (5) working days' notice.
(C) Within each shift, the Company may set and assign
staggered or common scheduled starting times, the number of employees to be
scheduled to start at any particular time, and each individual employee's
starting time, regardless of seniority, provided, however, that the Company
seeks first to fill particular start times with volunteers from among
qualified employees before it assigns or re-assigns an employee a start time
involuntarily. No employee will be so involuntarily reassigned on less than
five (5) working days' notice.
TENTH: (A) The Employer shall have the right to hire and
utilize part-time employees to be assigned to the Employer's second or third
shifts, as elsewhere defined. For purposes of this provision, "part-time" shall
mean an employee generally assigned, on average, to one or more work days per
week generally consisting, on average, of six (6) hours or fewer.
-18-
(B) Part-time employees shall accrue seniority on the
same basis as, but be maintained on a separate seniority list from regular
employees. The trial period shall be measured in terms of workdays for part-time
employees. The Employer shall contribute to the Welfare, Pension and Vacation
funds on behalf of part-time employees as for regular employees. Part-time
employees shall earn vacation pay and receive holiday pay and other benefits on
a pro rata basis based on their regularly assigned hours. Part-time employees
shall receive premium, as opposed to straight time pay for overtime in excess of
8 hours per day.
(C) Part time employees shall be laid off in reverse
order of their part-time seniority. However, no full-time employee may be laid
off if any part-time employee is then employed in the same department as then
constituted by the Company. A full-time employee whose position is eliminated in
a layoff may bump into a part-time position, providing and depending upon the
skill and ability of the full-time employee to perform the necessary and
required duties of work to be performed, and shall, for bumping purposes, be
deemed to have greater part-time seniority than any part-time employee. A laid
off full-time employee who bumps into a part-time position does not as a result
forfeit his or her recall rights with respect to full-time employment pursuant
to Article Third.
-19-
ELEVENTH: (A) Each full-time employee covered by this
Agreement shall receive eight hours of straight-time pay at his or her regular
hourly rate of pay (including shift differential, where applicable), for the
following holidays:
2000
-----
New Year's Day Monday January 3
Xxxxxx Xxxxxx Xxxx Monday January 17
Presidents' Day Monday February 21
Good Friday Friday April 21
Memorial Day
(Observed) Monday May 29
Floating Holiday
in lieu of Birthday Monday July 3
July 4th Tuesday July 4
Labor Day Monday September 4
Columbus Day
(Observed) Monday October 9
Thanksgiving Thursday November 23
Friday November 24
Christmas Monday December 25
Tuesday December 26
-20-
2001
----
New Year's Day Monday January 1
Xxxxxx Xxxxxx Xxxx Monday January 15
Presidents' Day Monday February 19
Good Friday Friday April 13
Memorial Day
(Observed) Monday May 28
July 4th Wednesday July 4
Labor Day Monday September 3
Columbus Day
(Observed) Monday October 8
Thanksgiving Thursday November 22
Friday November 23
Christmas Monday December 24
Tuesday December 25
Floating Holiday
in lieu of Birthday Monday December 31
20
- 21 -
2002
-----
New Year's Day Tuesday January 1
Xxxxxx Xxxxxx Xxxx Monday January 21
Presidents' Day Monday February 18
Good Friday Friday March 29
Memorial Day
(observed) Monday May 27
July 4th Thursday July 4
Floating holiday
in lieu of Birthday Friday July 5
Labor Day Monday September 2
Columbus Day
(observed) Monday October 14
Thanksgiving Thursday November 28
Friday November 29
Christmas Tuesday December 24
Wednesday December 25
provided, however, that the employee is not absent from work his or her regular
working day preceding or his or her regular working day following the said
holiday. It is to be understood that Friday is the regular working day preceding
Monday and Monday is the regular working day following Friday.
(B) The Employer may keep its plant closed on any Monday
if any one of the above-listed
- 22 -
holidays falls on a Tuesday, or may keep its plant closed on any Friday if any
one of the above listed holidays falls on a Thursday. Such action shall not
deprive an employee of absolute pay for holidays listed herein.
TWELFTH: (A) It is hereby agreed by and between the respective
parties that effective as of November 10, 1999, (being a continuation of
contributions previously made) the Employer shall contribute to the Vacation
Fringe Benefit Fund the sum of Nine and Four-Tenths Per Cent (9.4%) and
commencing with the week ending December 3, 1999, the sum of Ten and
Four-Tenths Per Cent (10.4%) of the Employer's total, gross, straight-time
payroll expense for each employee covered by the
Agreement regardless of
whether or not any such employee is a member of the Union and regardless of
the number of hours worked during the week. Such payments shall be made
weekly for the last preceding payroll week. A list containing the names and
straight-time, weekly earnings of each employee in the bargaining unit shall
accompany each such payment. The Employer's payroll records, social security
records and other pertinent data shall be open for inspection and audit by
the Fund upon demand. Such payments shall be made directly to the Vacation
Fringe Benefit Fund and shall be held subject to the provisions of a trust
indenture dated February 17, 1971 and any amendments, changes or additions
thereto.
- 23 -
The Fund shall be managed and administered by a board of
trustees equally representative of the employers and the Union. In the event
the Employer and the Union trustees deadlock on the administration of the Fund,
they shall agree on an impartial umpire to decide such dispute; or in the event
of their failure to agree within a reasonable length of time, an impartial
umpire shall, on petition of either trustee, be appointed by the District Court
of the United States for the district where the Fund has its principal office.
The trustees shall make provisions for an annual audit of the Fund. A statement
of the results shall be available for inspection by interested persons at the
principal office of the Fund and at such other places as may be designated by
the trustees.
The Fund shall be used for the purpose of providing
annual and supplementary vacation benefits, jury duty reimbursement and for such
approved similar and related purposes and benefits, and for the payment of the
reasonable administrative expenses of the Fund, as the trustees may determine.
By executing this
Agreement, the Employer hereby authorizes the Trustees of the
Vacation Fringe Benefit Fund, on its behalf, as its express agent, and in its
name and stead, to remit to the appropriate Federal taxing authorities, the
Employer's share of any FICA taxes owed by the Employer as a result of vacation
and/or fringe benefit payments made by the
- 24 -
Fund to employees of the Employer, together with the employee's share of any
such taxes, and, where applicable to remit to the appropriate State taxing
authorities the disability taxes owed as a result of such payments. Similarly,
by executing this
Agreement, the Employer hereby authorizes the Trustees of the
Fund on its behalf, as its express agent and in its name and stead, to issue to
the appropriate governmental agencies and to its employees receiving vacation
and/or fringe benefit payments through the Fund, Federal, State and City
earnings statements showing gross wages, FICA tax withheld, FICA wages, State
income tax withheld and local tax withheld as a result of such vacation and/or
fringe benefit payments by the Fund. The Trustees of the Fund shall have no
obligation to report wages earned by the Employer's employees, except such wages
as are transmitted to the Employer's employees by the Fund.
All monies paid to the Fund shall be used and disbursed
by the trustees pursuant to the terms, conditions and provisions of the trust
indenture or any amendments, changes or additions thereto; and the rules,
regulations and resolutions adopted thereunder. Neither the Union, nor any
member of the Union individually or collectively; nor any International Union;
nor any body with which the Union may be affiliated; nor any participating
Employer individually or collectively, nor any combination thereof; nor any
- 25 -
association, corporation, group, entity, person or trust; nor any successor or
assign thereof either directly or indirectly, shall have any right, title,
interest or claim in or to the Fund or any part thereof, nor to any accounting,
supervision or control thereof, of whatsoever kind or nature.
All monies, contributions, property, assets of the Fund
and those hereafter acquired and the ownership, control and the administration
of the Fund shall irrevocably, inseparably and forever remain vested exclusively
in the trustees of the Fund. No employee of any participating employer; nor any
employee of the Union; nor any person claiming by, through or under such
employee, either directly or indirectly, shall have any right, title, interest
or claim in or to the Fund or to any part thereof; nor to any accounting,
supervision or control thereof, of whatsoever kind or nature; nor any claim
against the Union, participating employers or the trustees, or to the
contributions of his or her Employer to the Fund or any assets or monies held by
the Fund except such benefits as are provided for by the Fund and/or by the
rules and regulations from time to time established and promulgated by the
trustees in accordance with the powers granted by the trust indenture as the
same may be amended or modified from time to time. The discretion of the
trustees as to the administration, use and disbursement of the Fund shall be
final and conclusive.
- 26 -
All payments shall be due and payable on the first day
of each week, for the preceding week. The foregoing notwithstanding, however, if
the Employer fails to make all payments required hereunder, on or before the
tenth day of the month for the preceding month, then the Trustees may require,
and the Employer agrees to pay, interest on any unpaid balance at the
applicable rate as permitted by law. In addition, the Employer specifically
agrees that it shall be liable for all auditing expenses, collection costs and
legal fees incurred by the Union or by the Trustees of the Fund for the
collection of such payments.
Conditioned upon the Employer's timely payment in full
to the Fund of all of its obligations as specified herein, no further liability
whatsoever shall attach hereunder to the Employer; and no claim can, shall or
may be made by any employee against the Employer based upon the terns hereof for
any reason whatsoever.
(B) For employees employed prior to November 10, 1987,
the amount of vacation shall be determined as of July 1st of each year in
accordance with the following schedule:
- 27 -
Less than six months of employment None
Six months but less than one year of employment One week (40 hours)
One year but less than five years of employment Three weeks (120 hours)
Five years but less than twenty years of employment Four weeks (160 hours)
Twenty or more years of employment Five weeks (200 hours)
For employees employed on and after November 10, 1987,
vacations shall be determined as of July 1st of each year in accordance with the
following schedule:
Less than six months of employment None
Six months but less than one year of employment One week (40 hours)
One year but less than five years of employment Two weeks (80 hours)
Five years but less than eight years of employment Three weeks (120 hours)
Eight years but less than twenty years of employment Four weeks (160 hours)
Twenty or more years of employment Five weeks (200 hours)
- 28 -
In determining eligibility for vacation leaves, all
computations shall be based upon each employee's total length of employment with
the Employer. No deductions shall be made from an employee's accumulated service
except for periods of nonemployment by the Employer. Such deductions shall be
made in accordance with the provisions of the trust indenture, and/or
resolutions adopted by the trustees.
Full power and authority will be lodged in the trustees
of the Vacation Fringe Benefit Fund to determine the extent of service credits
to be allocated to each employee as well as the rules and regulations pursuant
to which employees will be paid for any earned vacation pay.
In accordance with the rules and regulations of the Fund
and at such intervals as they determine appropriate, the trustees of the Fund
shall transmit to each employee on whose behalf contributions have been made to
such Fund, an amount equal to the sum of such employee's vacation leave
entitlement multiplied by such employee's regular straight-time, hourly rate of
pay as of the date of such employee's vacation leave. This sum will be
diminished by the amount of any vacation payments made by the Fund to such
- 29 -
employee during the preceding vacation year (i.e. the period from July 1
of the preceding year through June 30 of the current year).
Part-time employees shall receive vacation leave and
vacation pay on a pro rata basis.
Vacations shall be taken during the months of July
through September of each and every year. Vacation schedules shall be designed
by the Employer at least thirty days prior to July 1. Vacations shall be taken
during the designated time only, except where permission is given in writing by
the Company to be taken at some other time. The Employer shall have the right to
designate a two or three week period during which the plant shall close in order
that all employees may take a common vacation.
Vacation time in excess of two weeks need not be
consecutive, unless permission is so granted by the Employer. The Company agrees
to schedule the excess of vacation time before the anniversary date of the
contract, giving due consideration to production schedules and employees'
wishes. The Employer shall have the right to direct the Vacation Fringe Benefit
Fund to, and the Fund shall, upon
- 30 -
such direction, pay for the third, fourth and fifth week's vacation, in lieu of
vacation time off, providing it is agreeable to the employee.
Employees whose employment terminates prior to July 1 of
any year, other than by virtue of a discharge for just cause, shall receive
vacation pay on a pro-rata basis dating from the prior vacation cutoff.
THIRTEENTH: Each full-time employee shall receive two ten minute
paid rest periods during each work shift, approximately at the mid-point of the
first half of each shift and approximately at the mid-point of the second half
of each shift at times to be designated by the Employer.
Part-time employees who work in excess of four hours on
any shift shall receive one ten minute paid rest period during each such shift.
FOURTEENTH: (A) The Union recognizes that management of the
business of the Employer rests solely and exclusively with the Employer; and the
Employer shall have the exclusive control and supervision of its operations; and
the Union agrees not to interfere with any of the Employer's rights and
prerogatives.
- 31 -
(B) The Union recognizes that it is to the interest of
both the Union and the Employer that the Employer shall receive the Union's full
cooperation in maintaining operating efficiency and agrees to cooperate with the
Employer to obtain the greatest amount of production in the Employer's
operations consistent with sound working conditions and other provisions of this
Agreement.
(C) The Employer shall be the sole judge of the ability
of any employee to perform the work covered by the contract or the agreed wage
rate or wage scale, and reclassification in accordance therewith shall be in the
sole discretion of the Employer in the first instance, subject, however, to the
grievance procedure where an employee claims he has the ability to perform the
work.
(D) The Employer shall in all instances be the sole and
exclusive judge of the fitness and competency of any new employee during their
trial period for the work to be performed, and the Employer shall have the sole
discretion in the selection and choice of new employees.
(E) The Employer and the Union agree to cooperate in
continuing to maintain policies and practices which prevent discrimination
against any employee or
- 32 -
applicant for employment because of race, color, religion, sex, age or national
origin, or any other basis prohibited by applicable law, and further to
affirmatively cooperate in the implementation of Presidential Executive Order
#11246, its regulations, and other lawful requirements intended to prevent any
such discrimination.
FIFTEENTH: After reporting his presence at the office, any
authorized representative of the Union shall be permitted to enter the
Employer's place of business at any time for the adjustment of disputes,
grievances or any other matters that may require a representative's presence.
SIXTEENTH: Should any dispute arise concerning the application,
interpretation, effect, purpose or breach of any term or condition of this
Agreement, or in the event that there shall exist any claim, demand, dispute, or
controversy between the parties hereto, including but not limited to a demand or
dispute arising out of a proposed addition, deletion or modification of this
Agreement, the parties hereto shall first attempt to settle and adjust such
dispute, claim, demand or controversy by negotiation. In the event that said
dispute shall not be completely settled and
- 33 -
adjusted, the parties agree to submit the question, including any damages that
have been suffered, to arbitration in the following manner:
The Employer shall designate one arbitrator and the
Union shall designate one arbitrator who shall attempt to settle the issues
involved and if they do not agree then the two arbitrators shall designate a
third arbitrator who shall act as Chairman. Should the arbitrators designated by
the Employer and the Union fail to agree upon a Chairman as herein described,
then the Executive Secretary of the American Arbitration Association shall
designate a Chairman. The Arbitration Board shall conduct such hearings in such
manner as shall be designated by the Chairman of the Board. A two-thirds
decision shall be final and binding upon the parties hereto and may be entered
as a final decree or judgment in the Supreme Court of the State of New York.
In the event that either of the parties hereto shall
fail to designate an arbitrator after notice of the demand for arbitration has
been sent by registered mail within three days as hereinabove provided, then the
Executive Secretary of the American Arbitration Association shall, upon request
of either party hereto, designate an arbitrator who shall conduct such hearing
in such manner as he
- 34 -
shall consider proper. In the event of the failure of either party to be present
at the time and place designated for the arbitration, then the arbitrator shall
have the right to listen to the party appearing at the time and place for
arbitration and shall have the power to render a decision based on the testimony
before him. The decision of the arbitrator shall be final and binding upon both
parties hereto and may be entered as a final decree or judgment in the Supreme
Court of the State of New York. The cost of arbitration shall be borne equally
by the Employer and the Union. Nothing contained herein shall act as a bar to an
arbitration proceeding at any time.
SEVENTEENTH: All good conditions, customs and privileges enjoyed by
the employees prior to the execution of this Agreement, except as limited,
changed or abolished by the terms of this Agreement, shall continue in full
force and effect without interruption or suspension as though they were actually
enumerated herein.
EIGHTEENTH: (A) Since it is the intent of the parties of this
Agreement that the procedures herein provided shall serve as a means for
peaceful settlement of all differences, disputes, complaints and grievances that
may arise between them, it is agreed that the Union shall not
- 35 -
authorize nor encourage nor participate in any strike or workstoppage or
slowdown, and the Employer agrees that there shall be no lockouts.
(B) In the event of any unauthorized strike or stoppage
during the life of this Agreement, there shall be no liability on the part of
the Union or any of its officers, agents or members not participating in the
strike or stoppage. The Union agrees and undertakes to discipline any of its
members who engage in any unauthorized strike or stoppage, and agrees that the
Employer may discharge any employee who participates in such unauthorized strike
or stoppage.
NINETEENTH: At the expiration of the third annual period and every
year thereafter, the Union shall have the right to renegotiate wages and other
benefits for all the employees then employed. Should the parties fail to agree,
then the matter shall be submitted to arbitration as provided herein.
TWENTIETH: Except as specified in Paragraph Twenty-Fourth, the
payment by the Employer of Christmas or other bonuses is entirely voluntary and
solely in
- 36 -
the discretion of the Employer, any such payment is not deemed part of the pay
structure, and any such payment is not deemed a precedent.
TWENTY-FIRST: In the event the Employer decides to conduct its
inventory on a regularly scheduled work day, no employee shall lose any pay as a
result of the taking of such inventory.
TWENTY-SECOND: Where work shoes or other special footwear are required,
such footwear shall be supplied by the employee, who shall be reimbursed an
amount up to the average retail sale price for a standard pair of such footwear.
In the event such footwear wears out or is damaged, such shall be replaced by
the employee who shall be reimbursed by the Employer in accordance with the
formula referred to above, provided that the wear or damage has been shown to
the Company prior to replacement, and provided further that such damage is not
due to the employee's negligence.
TWENTY-THIRD: The Shop Xxxxxxx, the Union and each initially affected
employee will be notified five days in advance of any layoff due to lack of
work, except in the case of emergency which is beyond the control of the
Employer.
- 37 -
TWENTY-FOURTH: (A) Effective as of and retroactive to November 10,
1999, each employee on the Employer's payroll as of such date shall receive a
general wage increase of Twenty-Six (26.00) Dollars per week ($.65 per hour).
(B) on or before December 27, 1999, each employee who is
on the payroll as of November 10, 1999, shall receive a bonus of $300.
(C) Effective November 10, 2000, each employee on the
Employer's payroll as of such date shall receive a general wage increase of
Twenty-Two ($22.00) Dollars per week ($.55 per hour).
(D) Effective November 10, 2001, each employee on the
Employer's payroll as of such date shall receive a general wage increase of
Twenty-Two ($22.00) Dollars per week (.55 per hour).
(E) On or before December 15, 2000 and again on or
before December 15, 2001, each employee on the Employer's payroll as of November
10, 2000 and November 10, 2001, respectively shall receive a bonus in accordance
with the bonus schedule set forth below:
- 38 -
BONUS SCHEDULE
Less than six months of employment $50.00
Six months but less than one year of employment $100.00
One year or more of employment $150.00
FICA payments on these bonuses shall be the Employer's responsibility.
(F) Effective November 10, 1999, the following starting
and progression rates of pay shall prevail:
After After
Start 30 Days 6 Months
----- ------- --------
$250.00 $260.00 $270.00
(G) Employees hired at the thirty day rate or higher
shall receive a wage increase of Four Dollars ($4.00) per week ($.10 per hour)
after thirty days of employment and all general wage increases thereafter.
- 39 -
The minimum starting rate shall be at least one dollar
($1.00) per hour ($40.00 per week) in excess of the Federal or New York State
minimum wage (whichever shall be higher). The thirty day shall always be Ten
Dollars ($10.00) per week in excess of the starting rate. The six month rate
shall always be Twenty Dollars ($20.00) per week in excess of the starting rate.
(H) Employees on the payroll as of the date of any
general wage increases shall receive either the general wage increase or their
appropriate progression rate, whichever shall be greater.
TWENTY-FIFTH: In the event the Employer terminates its operations in
whole or part or moves them in whole or part to another location, more than
thirty miles straight-line distance from its present location in Laurelton, New
York, all employees who lose their jobs as a direct result of the termination
and, in the case of a relocation as above described, employees who cannot
accompany their jobs to the new location, shall be entitled to supplemental
vacation payments in the amount of one week's pay or proportionate part thereof
for each year of employment or proportionate part thereof. The Employer agrees
to be solely responsible for all supplemental
- 40 -
vacation payments to the extent that such cannot be met out of the Employer's
fringe benefit component contributions to the Vacation Fringe Benefit Fund,
which contributions initially commenced effective November 10, 1973.
TWENTY-SIXTH: All employees who have been employed for twelve months
or longer as of the start of any contract year, shall be entitled to five (5)
days of paid sick leave during such contract year.
Newly hired employees, and employees employed for less
than twelve months as of the start of any contract year shall not be entitled to
any paid sick leave during the first six months of their employment. After six
months, but less than eight months of employment, such employees shall be
entitled to one (1) day of paid sick leave. After eight months but less than ten
months of employment, such employees shall be entitled to one additional day of
paid sick leave. After ten months, but less than twelve months of employment,
such employees shall be entitled to one additional day of paid sick leave. After
twelve months of employment, such employees shall be entitled to five (5) days
of sick leave minus any days of sick leave utilized during the current contract
year. Thereafter, all such employees shall receive five days of paid sick leave
during each succeeding contract year.
- 41 -
All employees shall be reimbursed on the anniversary
of this Agreement for all unused sick leave. Such employees shall receive one
day's wages for each day of unused sick leave to be paid at the rate of pay
effective at the time said sick leave was unused.
Employees shall not be required to provide a doctor's
note or other substantiating evidence in order to be eligible to receive sick
leave pay, provided however, that employees shall telephone the Company as
early as practicable, but in no event later than one-half hour prior to the
start of the employee's scheduled shift on the first day of any illness to
advise the Company concerning the absence and its anticipated length. Failure
to so notify the Company may result in a disallowance of sick pay.
The foregoing notwithstanding, the Employer may
require a doctor's note in the event an employee claims more than three (3)
consecutive days of paid sick leave. The Employer may also require employees
absent for three (3) consecutive days or more as a result of illness to
provide a certificate of fitness to return to work.
- 42 -
TWENTY-SEVENTH: On November 10, 2002, and at the expiration of each
annual period thereafter, the Union shall have the right to reopen the
contract in order to renegotiate wages and other benefits for all employees.
Should the parties fail to agree, the Union shall have the right to submit
any unresolved issues to arbitration in accordance with the provisions of
Paragraph Sixteenth hereof. Alternatively, the Union shall have the right to
terminate this Agreement and may thereafter engage in a strike or similar
concerted work stoppage.
The right to reopen shall not be waived by failure to
give notice under this clause and any agreement reached following such
reopening, no matter when had, shall be retroactive to November 10, 2002.
TWENTY-EIGHTH: This Agreement shall become effective as of November
10, 1999 and shall remain operative and binding upon the parties thereto,
their heirs, successors, assignees, administrators, and trustees in
bankruptcy up to and including November 9, 2002, and shall automatically
continue thereafter for annual periods, and may terminate by one party giving
the other at least sixty days' notice by registered mail prior to any
expiration period of its intention to terminate this Agreement.
- 43 -
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
this 10th day of December, 1999.
DRUG, CHEMICAL, COSMETIC, PLASTICS
AND AFFILIATED INDUSTRIES WAREHOUSE
EMPLOYEES LOCAL 815, AFFILIATED WITH
THE INTERNATIONAL BROTHERHOOD OF
TEAMSTERS
By: /s/ Xxx Xxxxxxxx
-------------------------------------
Xxx Xxxxxxxx, Secretary-Treasurer/CEO
By: /s/ Xxxxx Xxxxxxxx
-------------------------------------
Xxxxx Xxxxxxxx, President
EON LABS MANUFACTURING, INC.
By: /s/ Xxxxxxx X. Xxxx VP Finance
----------------------------------
Employer Title
EON LABS MANUFACTURING, INC.
SCHEDULE "A"
Excluded Employee:
Xxxxx X. Xxxxxxx
If the foregoing conforms with your understanding, please sign below where
indicated.
ACCEPTED AND APPROVED:
Drug, Chemical, Cosmetic, Plastics
and Affiliated Industries Warehouse
Employees Local 815, Affiliated with
the International Brotherhood of
Teamsters
By: /s/ Xxx Xxxxxxxx
-------------------------------------
Xxx Xxxxxxxx, Secretary-Treasurer/CEO
By: /s/ Xxxxx Xxxxxxxx
-------------------------------------
Xxxxx Xxxxxxxx, President
ACCEPTED AND APPROVED:
Eon Labs Manufacturing, Inc.
By: /s/ Xxxxxxx X. Xxxx VP Finance
----------------------------------
Employer Title
[TEAMSTERS UNION LOGO]
LOCAL UNION NO. 815
DRUG, CHEMICAL, COSMETIC, PLASTICS AND AFFLIATED INDUSTRIES WAREHOUSE EMPLOYEES
AFFILIATED WITH THE
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
GENERAL OFFICE: 000 XXXXXX XXXXXX XXXXXXXXX XXXXXX, XXX XXXXXX 00000
PHONE: (000) 000-0000
(000) 000-0000
November 10, 1999
Eon Labs Manufacturing, Inc.
227-15 North Conduit Avenue
Laurelton, Now York 11413
Gentlemen:
This is to confirm our understanding that, except as required by applicable
law, the Employer will not be required to make a contribution to the Union
Mutual Fund or to the Allied Welfare Fund on behalf of any employee for any
week for which such employee receives no pay.
ACCEPTED AND APPROVED:
Drug, Chemical, Cosmetic, Plastics
and Affiliated Industries Warehouse
Employees Local 815, Affiliated with
the International Brotherhood of
Teamsters
By: /s/ Xxx Xxxxxxxx
-------------------------------------
Xxx Xxxxxxxx, Secretary-Treasurer/CEO
By: /s/ Xxxxx Xxxxxxxx
-------------------------------------
Xxxxx Xxxxxxxx, President
ACCEPTED AND APPROVED:
Eon Labs Manufacturing, Inc.
By: /s/ Xxxxxxx X. Xxxx VP Finance
----------------------------------
Employer Title
[TEAMSTERS UNION LOGO]
LOCAL UNION NO. 815
DRUG, CHEMICAL, COSMETIC, PLASTICS AND AFFLIATED INDUSTRIES WAREHOUSE EMPLOYEES
AFFILIATED WITH THE
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
GENERAL OFFICE: 000 XXXXXX XXXXXX XXXXXXXXX XXXXXX, XXX XXXXXX 00000
PHONE: (000) 000-0000
(000) 000-0000
November 10, 1999
Eon Labs Manufacturing, Inc.
000-00 Xxxxx Xxxxxxx Xxxxxx
Xxxxxxxxx, Xxx Xxxx 00000
Gentlemen:
You are hereby notified that the Union has no interest in inspecting or
utilizing your books, records or other data for any purpose other than the
computation of welfare and pension payments, and will not seek to inspect any
records other than those immediately necessary for computation.
If the following conforms with your understanding, please sign below where
indicated.
ACCEPTED AND APPROVED:
Drug, Chemical, Cosmetic, Plastics
and Affiliated Industries Warehouse
Employees Local 815, Affiliated with
the International Brotherhood of
Teamsters
By: /s/ Xxx Xxxxxxxx
-------------------------------------
Xxx Xxxxxxxx, Secretary-Treasurer/CEO
By: /s/ Xxxxx Xxxxxxxx
-------------------------------------
Xxxxx Xxxxxxxx, President
ACCEPTED AND APPROVED:
Eon Labs Manufacturing, Inc.
By: /s/ Xxxxxxx X. Xxxx VP Finance
----------------------------------
Employer Title
[TEAMSTERS UNION LOGO]
LOCAL UNION NO. 815
DRUG, CHEMICAL, COSMETIC, PLASTICS AND AFFLIATED INDUSTRIES WAREHOUSE EMPLOYEES
AFFILIATED WITH THE
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
GENERAL OFFICE: 000 XXXXXX XXXXXX XXXXXXXXX XXXXXX, XXX XXXXXX 00000
PHONE: (000) 000-0000
(000) 000-0000
November 10, 1999
Eon Labs Manufacturing, Inc.
000-00 Xxxxx Xxxxxxx Xxxxxx
Xxxxxxxxx, Xxx Xxxx 00000
Gentlemen:
This is to confirm our understanding that the Employer agrees that insofar as
is practicable except as provided in Collective Bargaining Agreement Articles
EIGHTH and NINTH, the least-senior employee will be utilized first in the
event that it is necessary to transfer employees temporarily from one job to
another.
ACCEPTED AND APPROVED:
Drug, Chemical, Cosmetics, Plastics
and Affiliated Warehouse Employees
Local 815, Affiliated with the
International Brotherhood of Teamsters
By: /s/ Xxx Xxxxxxxx
-------------------------------------
Xxx Xxxxxxxx, Secretary-Treasurer/CEO
By: /s/ Xxxxx Xxxxxxxx
-------------------------------------
Xxxxx Xxxxxxxx, President
ACCEPTED AND APPROVED:
Eon Labs Manufacturing, Inc.
By: /s/ Xxxxxxx X. Xxxx VP Finance
----------------------------------
Employer Title
