Exhibit 10.25
1995 - 1998
AGREEMENT
between
XXXXXX DISTRIBUTION
and
TEAMSTERS LOCAL UNION NO. 486
affiliated with the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
November 4, 1995 through November 6, 1998
XXXXXX PRODUCTS LTD.
XXXXXX DISTRIBUTION
Birch Run, Michigan
TABLE OF CONTENTS
PAGE
INTRODUCTION
ARTICLE
1 Recognition 1
2 Transfer of Company Title or Interest 2
3 Subcontracting 3
4 Extra Contract Agreements 3
5 Seniority 3
6 Discharge-Discipline-Discrimination 6
7 Arbitration and Grievance Procedure 7
8 Stewards 9
9 Absence 10
10 Limitations of Authority and Liability 10
11 Protection of Rights 11
12 Maintenance of Standards 11
13 Inspection Privileges 12
14 Posting - Bulletin Boards 12
15 Health and Welfare and Pension 12
16 Paid for Time 15
17 Pay Period 15
18 Strikes and Lockouts 15
19 Loss or Damage 16
20 Uniforms 16
21 Equipment, Accidents & Reports, Dangerous
Work 17
22 Worker's Compensation 18
23 Military Service 19
24 Separability and Savings Clause 19
25 Separation of Employment 19
26 Sanitary Conditions 19
27 Examinations and Identification Fees 20
28 Meal Period 20
29 Wage Rates 21
30 Hours 22
31 Call-In Pay 22
32 Daily and Weekly Overtime 22
33 Saturday and Sunday Overtime 24
34 Vacations 24
35 Holidays 26
36 General Provisions 26
37 Funeral Leave 29
38 Breaks 30
39 Management Rights 30
40 Non-Discrimination 30
41 Whole Agreement Clause 30
42 Jury Duty Pay 31
43 Termination of Agreement 31
ARTICLE
Signature Page 32
Schedule "A 33
Schedule "B" 37
Schedule "C" 38
Exhibit "D" 39
Appendix "E" Rules & Regulations 40
Exhibit "F" 43
I N T R 0 D U C T I 0 N
THIS AGREEMENT, made and entered into, by and between XXXXXX DISTRIBUTION
(XXXXXX PRODUCTS LTD.) located at Birch Run, Michigan, party of the first part,
and hereinafter termed the Employer, and TEAMSTERS LOCAL UNION NO. 486,
affiliated with the International Brotherhood of Teamsters, Saginaw, Michigan,
party of the second part hereinafter called the Union.
WHEREAS: Both parties are desirous of preventing strikes and lockouts and other
cessations of work and employment; and of maintaining a uniform wage scale,
working conditions and hours of employees of the Employer; and of facilitating
peaceful adjustment of all grievances which may arise from time to time between
the Employer and his employees; and of promoting and improving peaceful
industrial and economic relations between the parties;
WITNESSETH:
ARTICLE I
RECOGNITION: UNION SHOP AND DUES
Section 1. RECOGNITION: (a) The Employer recognizes and acknowledges that the
Union is the exclusive representative in collective bargaining with the Employer
of those classifications of employees covered by the Agreement.
(b) The Employer agrees to respect the jurisdictional rules of the Union and
shall not direct or require their employees or persons other than the employees
in the bargaining units here involved to perform work which is recognized as the
work of the employees in said units.
Section 2. UNION SHOP: All present employees who are members of the Local Union
on the effective date of this section shall remain members of the Local Union in
good standing as a condition of continued employment. All present employees who
are not members of the Local Union, and all employees who are hired hereafter
shall on and after the thirty-first (31st) day following the beginning of their
employment or on and after the thirty-first (31st) day following the effective
or execution date of this section, whichever is the later, shall become and
remain members in good standing of the Local Union as a condition of employment.
Section 3. CHECK-OFF: The Employer agrees to deduct from the pay of all
employees covered by-this Agreement the dues, initiation fees and/or uniform
assessments of the Local Union and agrees to remit to said Local Union all such
deductions prior to the end of the month for which the deduction is made. Where
laws require written authorization by the employee, the same is to be furnished
in the form required.
The Local Union shall certify to the Employer in writing each month a list of
its members working for the Employer who have furnished to the Employer the
required authorization, together with an itemized statement of dues, initiation
fees, (full or installment), or uniform assessments owed and to be deducted for
such month from the pay of such member, and the Employer shall deduct such
amount from the first (1st) pay check following receipt of statement of
certification of the member and remit to the Local Union in one (1) lump sum.
The Employer shall add to the list submitted by the Local Union the names of all
regular new employees hired since the last list was submitted and delete the
names of employees who are no longer employed.
Where an employee who is on check-off is not on the payroll during the week in
which the deduction is to be made or has no earnings or insufficient earnings
during that week or is on leave of absence, the employee must make arrangements
with the Local Union to pay such dues in advance.
The Employer will recognize authorization for deductions from wages, if in
compliance with state law, to be transmitted to the Local Union or to such other
organizations as the Union may request if mutually agreed to. No such
authorization shall be recognized if in violation of state or federal law. No
deduction shall be made which is prohibited by applicable law. Except where the
Employer has made a clerical error in the deduction of dues, which shall be
promptly adjusted by the Employer, any question as to the correctness of the
amount deducted shall be settled between the employee and the Union, and the
Union shall indemnify and save harmless the Employer in demands that shall arise
from the proper administration of the above provisions.
ARTICLE 2
TRANSFER OF COMPANY TITLE OR INTEREST
This Agreement shall be binding upon the parties hereto, their successors,
administrators, executors and assigns. in the event an entire operation or any
part thereof is sold, leased, transferred or taken over by sale, transfer,
lease, assignment, receivership or bankruptcy proceeding, such operation shall
continue to be subject to the terms and conditions of this Agreement for the
life thereof. It is understood by this section that the parties hereto shall
not use any leasing device to a third (3rd) party to evade this contract. The
Employer shall give notice of the existence of this Agreement to any purchaser,
transferee, lessee, assignee, etc. of the operation covered by the Agreement or
any part thereof. Such notice shall be in writing with a copy to the Union not
later than the time the seller, transferee, or lessor executes a contract or
transaction as herein described. The Local Union shall also be advised of the
nature of the transaction, not including financial details.
ARTICLE 3
SUBCONTRACTING
For the purpose of preserving work and job opportunities for the employees
covered by this Agreement, the Employer agrees that no work or services
presently performed or hereafter assigned to the collective bargaining unit will
be subcontracted, leased or conveyed in whole or in part to any other plant,
person, or non-union employees. (Intra-plant work to be excluded from this
Article.) The Employer may subcontract work when all of his regular employees
are working or when there is no equipment and/or qualified regular employees to
handle the work provided that this right shall not be used as a subterfuge to
violate the provisions of this Agreement. Alleged violations of this provision
shall be submitted to the grievance procedure.
ARTICLE 4
EXTRA CONTRACT AGREEMENTS
The Employer agrees not to enter into any Agreement with another labor
organization during the life of this Agreement with respect to the employees
covered by this Agreement; or any agreement or contract with said employees,
individually or collectively, which in any way conflicts with the terms or
provisions of this Agreement, or which in any way affects wages, hours or
working conditions of said employees, or any individual employee, or which in
any way may be considered a proper subject for collective bargaining. Any such
agreement shall be null and void.
ARTICLE 5
SENIORITY
Section 1. ADDITIONAL HELP: When the Employer needs additional help, it shall
give the Union equal opportunity with all other sources to provide suitable
applicants, but the Employer shall not be required to hire those referred by the
Union.
Section 2. NEW EMPLOYEES: An employee hereafter employed shall be considered a
probationary employee for sixty (60) calendar days from his last date of hire.
During the probationary period an employee may be discharged without further
recourse; provided however, that the employer may not discharge or discipline
for the purpose of evading this Agreement or discrimination against Union
members. After sixty (60) calendar days, the employee shall be placed on the
regular seniority list.
Section 3. SENIORITY LIST: The Employer shall post a list of the employees
arranged in order of their seniority. This list shall be posted in a
conspicuous place at the place of employment.
Section 4. LAY-OFF - RECALL: Layoffs up to and including five (5) consecutive
working days are considered temporary and will be made by inverse order of
seniority within each department and shift provided the remaining employees have
the ability to perform the available work. For purposes of this section,
departments are as follows: (1) Window Shop (2) Steel Door Shop, (3) Wood Door
Shop, (4) Truck Drivers, and (5) Warehouse.
Section 4 (a). Layoffs in excess of five (5) consecutive working days will be
made by inverse order of plant-wide seniority.
(b) Employees will be recalled to work in order of seniority except as follows:
Deviations from recall by seniority can be made by the Company only where a laid
off employee's qualifications are needed on available work and no employee on
lay-off with more seniority has the necessary qualifications.
(c) Employees may be recalled from lay-off by telephone if
mutually agreed to between the Company and the Union. If an employee is not
recalled by telephone, a certified letter will be sent to the last known address
furnished the Company by said employee. Employee must respond to the company's
notice within three (3) working days from date of mailing unless they are unable
to for reasons beyond their control, it being understood that the laid off
employees shall keep themselves available for recall by the Company.
(1) Employee must report for work within ten (10) calendar days of mailing
unless otherwise mutually agreed to or beyond the control of the employee.
(2) In the event the employee fails to comply with the above listed steps, the
employee shall lose all seniority rights under this Agreement.
(3) The Company has the right to utilize the next senior laid off employee
during the time period between notifying (phone or mailing) the senior laid-off
employee of recall and their actual reporting date.
(4) The employee shall be required to furnish the Employer with a current
phone number (if employee has a phone and a current address).
Section 5. It is recognized that for all the purposes of this Agreement the
Company shall exercise its judgement of the qualifications of an employee. In
determining the qualifications of employees, the Company shall exercise
judgement as to differences in qualifications based on the employee's abilities,
their demonstrated skills in their work as well as their training and
experience, including evidence of training and experience gained outside the
Company, and their personal fitness and reliability. In exercising this
judgement, the Company will act fairly and not in an arbitrary and unreasonable
manner.
(a) Any controversy regarding the foregoing shall be submitted to the grievance
procedure, Article 7.
Section 6. LOSS OF SENIORITY: An employee's seniority and his employment
with the Employer shall terminate on the occurrence of any of the following:
(a) Voluntary quit.
(b) Discharge for cause upheld through the grievance procedure.
(c) Failure to return to work at the termination of an approved leave of
absence or an approved extension thereof.
(d) Lay-off or illness - length of seniority or thirty-six (36)months,
whichever is less.
(e) Absence from work for three (3) consecutive scheduled working days without
notification to the Employer shall be considered to be a voluntary quit
unless for just cause.
(f) Failure to return to work from lay-off as referred to in Article 5.
(g) Normal retirement.
Section 7. NON-UNIT WORK: An employee who has been transferred to another
position within the Company that is outside the bargaining unit may be returned
by the Company to the bargaining unit in accordance with his seniority level at
the time he left the unit provided he is returned within nine (9) months from
the date he left. If he is not returned within nine (9) months, such employee
shall lose all seniority rights within the bargaining unit.
Section 8. SENIORITY: For purposes of this Agreement, employees who have the
same plant or departmental seniority date will have relative seniority
determined by the application of alphabetical sequence with last names beginning
with the letter "A" deemed to be the most senior. In the event of identical
last names, the employee's first (1st) name will be determinant using the
alphabetical sequence in descending letters.
ARTICLE 6
DISCHARGE - DISCIPLINE - DISCRIMINATION
Section 1. DISCHARGE: The Employer shall not discharge nor suspend any
employee without just cause.
The Employer shall take steps to correct an employee by giving warning notices
in writing of complaints against employees with a copy to the union, except No
warning notices need be given in cases of drunkenness, dishonesty, recklessness
resulting in serious accident, the use of narcotics without a prescription,
unprovoked assault and other incidences of gross misconduct.
Warning notices shall be null and void and shall be removed from the employees
file after a period of twelve (12) months.
Discharge must be by proper written notice to the employee and the Union. Such
notice is to be provided to the employee within ten (10) working days of the
date the Company had sufficient knowledge to make a decision with respect to
such discharge. In the event any employee believes he had been unjustly
discharged or suspended, he shall contest such action through the provisions of
Article 7, Arbitration and Grievance Procedure starting at step 3, provided that
such grievance is presented within ten (10) working days of the date of the
discharge.
Section 2. PLANT RULES: If plant rules and regulations with respect to
disciplinary action are drafted and approved by both the Union and Employer,
such approved plant rules and regulations shall prevail in the application and
interpretation of this Article.
(a) In the event an employee received a disciplinary suspension, the time off
will be given as close to the date of the infraction as practical.
Section 3. UNION ACTIVITIES: Any employee member of the Union acting in any
official capacity whatsoever shall not be discriminated against for his acts as
such officer of the Union so long as such acts do not interfere with the conduct
of the Employer's business, nor shall there be any discrimination against any
employee because of Union membership or activities.
Section 4. OBLIGATION IN BUSINESS: The Employer shall not require, as a
condition of continued employment, that an employee purchase truck tractor
and/or tractor and trailer or other vehicular equipment or that any employee
purchase or assume any proprietary interest or other obligation in the business.
ARTICLE 7
ARBITRATION AND GRIEVANCE PROCEDURE
Section 1. It is mutually agreed that all grievances, disputes or complaints
arising under and during the terms of this Agreement shall be settled in
accordance with the procedure herein provided and that there shall at no time be
any strikes, tie-ups of equipment, slow-downs, walk-outs or any other cessation
of work through the use of any method of lockout or legal proceedings, except as
specifically agreed to in other superseding sections of this Contract.
Every effort shall be made to adjust controversies and disagreements in an
amicable manner between the Employer and the Union. In the event that any
grievance cannot be settled in this manner the question may be submitted by
either party for arbitration as hereinafter provided.
Section 2. (a) Should any grievance, dispute or complaint arise over the
interpretation or application of the contents of this Agreement, there shall be
an xxxxxxx effort on the part of the parties to settle such promptly through the
following steps:
Step 1. The employee will discuss his grievance with his immediate supervisor
within ten (10) working days from the time the employee involved first (1st)
knew or should have known of the facts giving rise to the grievance. Where a
Shop Xxxxxxx has been appointed, he may be present in this discussion. The
employee's supervisor shall give his answer in writing within five (5) working
days from the date of the meeting.
Step 1A. Before proceeding to Step 2 below, it shall be the responsibility of
the aggrieved to reduce any grievance to writing on the regular grievance form
provided by the Local Union.
Step 2. By conference between the shop xxxxxxx and business agent of the Union
and superintendent or their personnel manager within ten (10) work days.
Step 3. By conference between an official or officials of the union and the
manager, or representative of the company delegated by the manager, or both,
within ten (10) work days.
Step 4. In the event the last step fails to settle the complaint, it shall be
referred to arbitration upon the request of either party. The Executive Board
of the Local Union shall have the right to determine whether or not the
grievance is qualified to be submitted for arbitration by the union. Request
must be made within ten (10) working days following the decision of Local 486
Executive Board as to whether or not the grievance will be arbitrated.
(b) The procedures set forth herein may be invoked only by the authorized Union
representative or the Employer, and the time limits may be extended by mutual
agreement.
Section 3. The notice of submission to arbitration must be in writing and state
the issue to be submitted to the arbitrator.
(a) Either party may request the Federal Mediation and Conciliation Service to
supply a panel of seven (7) arbitrators. The parties will thereafter meet or
otherwise confer to select the arbitrator. The Union and the Company shall each
have the right to strike three (3) names, and the last remaining named person
shall be the arbitrator.
(b) The arbitrator shall have no authority to modify, amend, revise, add to or
subtract from any of the terms of this Agreement and shall be strictly limited
to the interpretation or application of the express provisions of this
Agreement.
(c) Where discharge issues are involved, the arbitrator shall render his award
within thirty (30) days from the date of the hearing. Any deviation from this
requirement must be by mutual agreement of the parties.
(d) The decision and award of the arbitrator shall be in writing and shall be
final and binding upon the parties to the Agreement subject to any remedies at
law.
(e) The fees and expenses of the arbitrator shall be borne and divided equally
between the Company and the Union. Any expenses connected with the calling of
any witness shall be borne by the party calling such witness.
Section 4. Grievances must be taken up promptly and no grievance will be
considered or discussed which is presented later than ten (10) days working day
period as set forth in Section 2, Step 1 above.
ARTICLE 8
STEWARDS
The Employer recognizes the right of the union to designate job xxxxxxx and
alternates from the Employer's seniority list. The authority of job xxxxxxx and
alternates so designated by the Union shall be limited to, and shall not exceed,
the following duties and activities.
(1) The investigation and presentation of grievances with his Employer or the
designated Company representative in accordance with the provisions of the
collective bargaining Agreement;
(2) The collection of dues when authorized by appropriate Union action;
(3) The transmission of such messages and information, which shall originate
with and are authorized by the Union or its officers, provided such messages and
information;
(a) have been reduced to writing; or,
(b) if not reduced to writing, are of a routine nature and do not involve work
stoppages, slow-downs, refusal to handle goods, or any other interference
with the Employer's business.
Job xxxxxxx and alternates have no authority to take strike action or any other
action interrupting the Employer's business, except as authorized by official
action of the Union. The Employer recognizes these limitations upon the
authority of a job xxxxxxx and his alternates, and shall not hold the Union
liable for any unauthorized acts. The Employer in so recognizing such
limitations shall have the authority to impose proper discipline including
discharge, in the event the shop xxxxxxx has taken unauthorized strike action,
slow down or work stoppage in violation of this Agreement.
Stewards shall be permitted reasonable time to investigate, present and process
grievances on the Company property without loss of time or pay during his
regular working hours; and where mutually agreed to by the Union or Employer,
off the property or other than during his regular schedule without loss of time
or pay. Such time spent in handling grievances during the Xxxxxxx'x regular
working hours shall be considered working hours in computing daily and/or weekly
overtime if within the regular schedule of the Xxxxxxx.
When requested by the Union, super-seniority, for lay-offs only, will be granted
to those Union Representatives who are regularly involved in the processing of
grievances and on-the-job contract administration. However, only one (1)
xxxxxxx shall have super-seniority.
ARTICLE 9
ABSENCE
Section 1. Any employee desiring a leave of absence from his employment shall
secure written permission from both the Union and the Employer. The maximum
leave of absence shall be for ninety (90) days and may be extended for like
periods. During the period of absence the employee shall not engage in gainful
employment in the same industry in classification covered by this Contract.
Failure to comply with this provision shall result in the complete loss of
seniority rights for the employee involved. Inability to work because of proven
sickness or injury shall not result in the loss of seniority rights. The
employee must make suitable arrangements for continuation of Health and Welfare
and Pension payments before the leave may be approved by either the Union or the
Employer.
Section 2. The Employer agrees to grant necessary and reasonable time off
without discrimination or loss of seniority rights and without pay to any
employee designated by the Union to attend a labor convention or serve in any
capacity on other official Union business, provided forty-eight (48) hours
written notice is given to the Employer by the Union, specifying length of time
off. The Union agrees that in making its request for time off for Union
activities, due consideration shall be given to the number of men affected in
order that there shall be no disruption of the Employer's operations due to lack
of available employees.
ARTICLE 10
LIMITATIONS OF AUTHORITY AND LIABILITY
Section 1. No employee, Union member or other agent of the Union shall be
empowered to call or cause any strike, work stoppage or cessation of employment
of any kind whatsoever without the expressed approval of the Executive Board of
the union through its Secretary-Treasurer. The Union shall not be liable for
any such activities unless expressly so authorized.
Section 2. Any individual employee or group of employees, who willfully violate
or disregard the arbitration and grievance procedure set forth in Article 7 of
this Agreement, may be summarily discharged by the Employer without liability on
the part of the Employer or the union.
ARTICLE 11
PROTECTION OF RIGHTS
Section 1. PICKET LINE: It shall not be a violation of this Agreement, and it
shall not be cause for discharge or disciplinary action in the event an employee
refuses to enter upon any property involved in a primary labor dispute or
refuses to go through or work behind any primary picket line, including the
primary picket line of unions party to the Agreement.
Section 2. STRUCK GOODS: It shall not be a violation of this Agreement, and
it shall not be a cause for discharge or disciplinary action if any employee
refuses to perform any new business which his Employer undertakes to perform as
an ally of an Employer or person whose employees are on strike, and which
service, but for such strikes, would be performed by the employees of the
Employer or person on strike.
Section 3. Subject to Article 3 hereof (Subcontracting), the Employer agrees
that it will not cease or refrain from handling, using, transporting, or
otherwise dealing in any of the products of any other employer or cease doing
business with any other person, or fail in any obligation imposed by the Motor
Carriers Act or other applicable law as a result of individual employees
exercising their rights under this Agreement or under law, but the Employer
shall, notwithstanding any other provision in this Agreement, when necessary,
continue doing such business by other employees.
Section 4. GRIEVANCE: Within five (5) working days of filing of a grievance
claiming violation of this Article, the parties to this Agreement shall proceed
to the final step of the grievance procedure without taking any intermediate
steps, any other provision of this agreement to the contrary notwithstanding.
ARTICLE 12
MAINTENANCE OF STANDARDS
The Employer agrees that all conditions of employment in his individual
operation relating to wages, hours of work, overtime differentials and general
working conditions shall be maintained at not less than the highest minimum
standards in effect at the time of the signing of this Agreement, and the
conditions of employment shall be improved wherever specific provision for
improvement are made elsewhere in this Agreement. It is agreed that the
provisions of this section shall not apply to inadvertent or bona fide errors
made by the Employer or the union in applying the terms and conditions of this
Agreement if such error is corrected within ninety (90) days from the date or
error.
This provision does not give the employer the right to impose or continue wages,
hours and working conditions less than those contained in this Agreement.
ARTICLE 13
INSPECTION PRIVILEGES
Authorized agents of the Union shall have access to the Employer's establishment
during working hours for the purpose of adjusting disputes, investigating
working conditions, collection of dues, and ascertaining that the Agreement is
being adhered to, provided however, that there is no interruption of the firm's
working schedule. The representative of the Union shall make his presence known
at the main office.
ARTICLE 14
POSTING - BULLETIN BOARDS
Section 1. POSTING OF AGREEMENT: A Copy of this Agreement shall be posted in a
conspicuous place at the Employer's place of business.
Section 2. UNION BULLETIN BOARDS: The Employer agrees to provide suitable
space for the Union bulletin board. Postings by the Union on such boards is to
be confined to official business of the Union.
ARTICLE 15
HEALTH AND WELFARE AND PENSION
Section 1. The Company and the Union have agreed to a program of benefits for
employees in the bargaining unit represented by the Union and covered by this
Agreement.
Section 2. The Employer agrees to maintain employee Life Insurance and Sickness
and Accident benefits and health and dental coverage in accordance with the
following:
(a) Life Insurance and AD & D:
Effective November 4, 1995 - $20,500
Effective November 3, 1997 - $21,500
An employee can purchase an additional amount of life insurance with additional
AD&D equal to the amount of copaid insurance. The cost will be $0.19 per month
per thousand dollars insurance.
(b) Sickness and Accident (26 week maximum)
Effective November 4, 1995 - $170.00 weekly
Effective November 3, 1997 - $180.00 weekly
(First day of hospitalization for accident, eighth day for sickness.)
(c) Comprehensive Health Program - The Employee shall have four (4) plan
options to choose from. See Schedule A and B for an outline of applicable
coverage. The costs shown in Appendix A shall remain fixed for the term of
this Agreement.
Medical life-time maximum Coverage is $1,000,000, with a $2,000 annual
restoration benefit.
Each employee shall be provided a listing of the schedule of benefits under the
four (4) available health plan options.
Section 3. Employees with twenty-five (25) years of service and age sixty (60)
can purchase Company medical coverage at the cost in effect at time of
retirement.
Section 4. The Employer agrees to pay into the Central States Southeast and
Southwest Areas Pension fund for each employee covered by the collective
bargaining Agreement, who is on the regular seniority list, a contribution of:
$36.00 per week - Effective November 4, 1995
$40.00 per week - Effective November 3, 1996
$44.00 per week - Effective November 2, 1997
All payments into the Central States Southeast and Southwest Areas Pension Fund
must be made within fifteen (15) days from the end of each calendar month and
made payable to Central States Account #7000, and mailed to Xxxxxx Bank, X.X.
Xxx 00000, Xxxxxxx, Xxxxxxxx 00000-0000.
Contributions to the Pension Fund must be made for each week on each regular
employee, even though such employee may work only part time under the provision
of this Contract, including paid vacations and weeks where work is performed for
the Employer, but not under provisions of this Contract and although
contributions may be made for those weeks into some other Pension Fund.
Employees who work either temporarily or in cases of emergency under the terms
of this Contract shall not be covered by the provisions of this Article.
If an employee is absent because of illness or off-the-job injury or lay-off and
notifies the Employer of such absence, the Employer shall continue to make the
required contributions to the Health and Welfare Fund and Pension Fund for a
period of four (4) weeks. If an employee is injured on the job, the Employer
shall continue to pay the required contributions until such employee returns to
work; however, such contributions shall not be paid for a period of more than
twelve (12) months.
If an employee is granted a leave of absence, the Employer shall collect from
said employee, prior to the leave of absence being effective, sufficient monies
to pay the required contributions into the Health and Welfare and Pension Fund
during the period of absence.
In those instances where the Employer is involved in an "owner-operators"
arrangement, there shall be no deduction from equipment rental of owner
operators by virtue of the contributions made to the Health and Welfare and the
Pension Fund, regardless of whether the equipment rental is at the minimum rate
or more and regardless of the manner of computation of owner-driver
compensation.
Notwithstanding anything herein contained, it is agreed that in the event an
Employer is delinquent at the end of a monthly period in the payment of his
contribution to the Health and Welfare and/or Pension Funds, in accordance with
the rules and regulations of the Trustees of such funds and after the proper
official of the Local Union shall have given seventy-two (72) hours notice to
the Employer of such delinquency in the Health and Welfare and Pension Fund
payments, the union shall have the right to take such action as it deems
necessary until such delinquent payments are made, and it is further agreed that
in the event such action is taken, the Employer shall be responsible to the
employees for losses resulting therefrom. Action for delinquent contributions
may be instituted by either the Local Union, the Area Conference or the
Trustees. Employers who are delinquent must also pay all attorneys' fees and
cost of collections.
ARTICLE 16
PAID FOR TIME
All employees covered by this Agreement shall be paid for all time spent in the
service of the Employer. Rates of pay provided for by this Agreement shall be
minimums. Time shall be computed from the time that the employee is ordered to
report for work and registers in until the time he is effectively released from
duty. All time lost due to delays as a result of overloads or certificate
violations involving federal, state or city regulations, which occur through no
fault of the driver, shall be paid. Such payment for driver's time when not
driving shall be at the hourly rate.
If not put to work, employees shall be guaranteed four (4) hours pay at the rate
specified in this Agreement.
ARTICLE 17
PAY PERIOD
Section 1. PAY DAY: All regular employees covered by this Agreement shall be
paid in full each week. All other employees shall be paid at the end of their
working period. Not more than seven (7) days shall be held from a regular
employee. The Union and Employer may by mutual agreement provide for semi-
monthly pay periods. Each employee shall be provided with an itemized statement
of gross earnings and an itemized statement of all deductions made for any
purpose. The Company agrees that if the paychecks are available they will be
given out at lunch time on Thursday except for drivers who are not on the
premises.
Section 2. VACATION PAY: If an employee's paid vacation period accrues or is
payable during a period in which he is otherwise entitled to unemployment
compensation, the employee's right to and payment for such vacation shall be
deferred until after termination of the unemployment benefit period. The
Employer waives the privilege of allocating vacation pay to past, present, or
future weeks of unemployment.
ARTICLE 18
STRIKES AND LOCKOUTS
Section 1. The Company agrees that during the term of this Agreement it will
not engage in any lockout of its employees in whole or in part.
Section 2. During the term of this Agreement the employees covered hereby shall
not engage in any strikes, sit-downs, restriction of production, picketing, or
any other action which will interrupt or interfere with the operations of the
Company. The Union agrees that during the term of the Agreement neither it or
its officers or agents will engage in, encourage or sanction any strike,
sitdown, restriction of production, picketing or any other action which will
interrupt or interfere with the operations of the Company. In the event of any
violation of this Article, the Union agrees that, upon notification by the
Company of it, it will take immediate affirmative steps with the employees
concerned to bring about an immediate resumption of the normal operations of the
Company. The union shall not be liable for damage resulting from the foregoing
provided it makes an effort to instruct its members to cease such activities.
Section 3. Neither the violation of any provision of this Agreement nor the
commission of any act constituting an unfair labor practice shall excuse the
Company, the Union or the employees from their obligations under the provisions
of this Article.
Section 4. It is further agreed that in the event of any violations of this
Article, the Company may discharge or otherwise discipline any employee (whether
individually or in a group) who has violated this Article. In such event an
employee, who has been discharged or otherwise disciplined, may file a grievance
under the grievance provision of this Agreement.
ARTICLE 19
LOSS OR DAMAGE
Employees shall not be charged for loss or damage unless clear proof of
negligence is shown. This Article is not to be construed as applying to
charging employees for damage to equipment under any circumstances.
ARTICLE 20
UNIFORMS
It is understood and agreed that all employees assigned to the driver job
classification will be required to wear a designated uniform during working
hours. Uniforms furnished by the employer shall be worn as a condition of
continued employment. Standards for the uniform will be set by the Employer.
The initial issue of uniforms for the individual drivers will consist of:
* 6 pairs of trousers
* 3 short sleeve shirts* 3 long sleeve shirts
* 1 winter jacket either waist or three-quarter (3/4) length dependent upon the
employee's choice.
Following the initial issue, the Company will determine when individual items no
longer meet standards, and the item will be replaced.
Employee is responsible for washing or dry cleaning said uniforms.
ARTICLE 21
EQUIPMENT, ACCIDENTS AND REPORTS, DANGEROUS WORK
Section 1. UNSAFE EQUIPMENT: The Employer shall not require employees to take
out on the streets or highways any vehicle that is not in safe operating
condition or equipped with the safety appliances prescribed by law. It shall
not be a violation of this Agreement where employees refuse to operate such
equipment unless such refusal is unjustified.
Section 2. DANGEROUS WORK: Under no circumstances will an emloyee be required
or assigned to engage in any activity involving dangerous conditions of work or
danger to person or property or in violation of any applicable statute or court
order, or governmental regulation relating to safety of person or equipment.
Section 3. ACCIDENT REPORT: Any employee involved in any accident shall
immediately report said accident and any physical injury sustained. When
required by his Employer, the employee, before starting his next shift shall
make out an accident report in writing on forms furnished by the Employer and
shall turn in all available names and addresses of witnesses to any accidents.
Failure to comply with this provision shall subject such employee to
disciplinary action by the Employer.
Section 4. DEFECTIVE EQUIPMENT: Employees shall immediately, or at the end of
their shift, report all defects of equipment. Such reports shall be made on a
suitable form furnished by the Employer and shall be made in multiple copies,
one (1) copy to be retained by the employee. The Employer shall not ask or
require any employee to take out equipment that has been reported by any other
employee as being in an unsafe operating condition until same has been approved
as being safe by the mechanical department.
When the occasion arises where an employee gives a written report on forms
issued by the Employer of a vehicle being in unsafe working-operating condition,
and receives no consideration from the Employer, he shall take the matter up
with the officers of the Union who will take the matter up with the Employer.
Section 5. NEW EQUIPMENT: Where new types of equipment and/or operations for
which rates of pay are not established by this Agreement are put into use within
operations covered by this Contract, rates governing such operations and/or
equipment shall be subject to negotiations between the parties. Rates agreed
upon or awarded shall be effective as of the date equipment is put into use.
However, in the event the Company and the Union are unable to agree on a new
rate the matter will be referred directly to arbitration in accordance with the
arbitration provisions of Article 7.
Section 6. HEATERS: The Employer shall install heaters, defrosters and
windshield washers on all trucks and tractors and keep same in an operating
condition.
Section 7. The Employer shall maintain at all times up-dated first-aid kits.
ARTICLE 22
WORKER'S COMPENSATION
The Employer shall provide Worker's Compensation protection for all employees
even though not required by state law.
The Employer also agrees to the following:
*Furnish transportation for emergency first aid treatment.
*Employee shall be paid the balance of his/her shift up to eight (8) hours for
the day of the accident if the doctor certifies that the employee is unable to
return to work and the injury is reported to management.
*Examination and treatment shall be paid by the Employer.
*Employee shall not lose pay for the time away from the Distribution Center for
the day of injury (excluding overtime) provided he is certified to return to
work and returns promptly upon leaving the doctor's office. If the employee is
unable to return to work because of the time of day of his release, he shall
still be eligible for such pay.
*Employer to pay for time lost in follow-up appointments for treatment of work
related injuries provided an employee tries to schedule the appointment outside
normal working hours but cannot do so.
The foregoing notwithstanding, the Employer agrees to abide by the provisions of
Worker's Compensation legislation as set forth in the statutes in the State of
Michigan.
ARTICLE 23
MILITARY SERVICE
Employees enlisting or entering the military or naval service of the United
States, pursuant to the provisions of the Selective
Service Act of 1948, shall be granted all rights and privileges
provided by the Act.
ARTICLE 24
SEPARABILITY AND SAVINGS CLAUSE
If any article or section of this Contract or any riders thereto should be held
invalid by operation of law or by any tribunal of competent jurisdiction, or if
compliance with or enforcement of any article or section should be restrained by
such tribunal pending a final determination as to its validity, the remainder of
this Contract and any Rider thereto, or the application of such article or
section to persons or circumstances other than those as to which it has been
held invalid or as to which compliance with or enforcement of has been
restrained, shall not be affected thereby.
In the event that any article or section is held invalid or enforcement of or
compliance with which has been restrained, as above set forth, the parties
affected thereby shall enter into immediate collective bargaining negotiations
upon the request of the Union for the purpose of arriving at a mutually
satisfactory legal replacement for such article or section during the period of
invalidity or restraint. If the parties do not agree on a mutually satisfactory
legal replacement within sixty (60) days after beginning of the period of
invalidity or restraint, either party shall be permitted all legal or economic
recourse in support of its demands notwithstanding any provision in this
Contract to the contrary.
ARTICLE 25
SEPARATION OF EMPLOYMENT
The Company agrees to abide by State of Michigan statutes as it relates to pay
for separating or terminating employees.
ARTICLE 25
SANITARY CONDITIONS
The Employer agrees to maintain a clean sanitary washroom and lunch room and the
employees agree to cooperate in keeping these areas neat.
ARTICLE 27
EXAMINATIONS AND IDENTIFICATION FEES
Section 1. Physical, mental or other examinations required by a government
body or the Employer shall be promptly complied with by all employees, provided
however, the Employer shall pay for all such examinations. The Employer shall
not pay for any time spent in the case of applicants for jobs and shall be
responsible to other employees only for time spent at the place of examination
or examinations where the time spent by the employee exceeds two (2) hours, and
in that case, only for those hours in excess of said two (2). Examinations are
not to exceed one (1) in any one (1) year unless the employee has suffered
serious injury or illness during the year. Employees will not be required to
take examinations during their working hours.
The Employer reserves the right to select its own medical examiner or physician
and the Union may, if it believes an injustice has been done an employee, have
said employee reexamined at the Union's expense.
All reasonable time spent for the purpose of Company directed drug testing shall
be paid for by the Company.
Section 2. Should the Employer find it necessary to require employees to
carry or record full personal identification, such requirements shall be
complied with by the employees. The cost of such personal identification shall
be borne by the Employer.
Section 3. The Company shall pay the full cost of commercial driver's
license for all fulltime drivers including any required endorsements.
ARTICLE 28
MEAL PERIOD
Employees shall, except by mutual agreement, take at least one (1) continuous
period for meals but not less than thirty (30) minutes nor more than one (1)
hour in any one (1) day. No employee shall be compelled to take more than one
(1) continuous hour during such period nor compelled to take any part of such
continuous hour before he has been on duty four (4) hours or after he has been
on duty six (6) hours. Meal period shall not be compulsory at stops where
driver is responsible for equipment or cargo, nor shall meal period be
compulsory when or where there is not an accessible eating place.
ARTICLE 29
WAGE RATE
A. CLASSIFICATION Effective 11/6/95 11/4/96 11/3/97
Leadman $12.00 $12.20 $12.40
Drivers $11.50 $11.70 $11.90
Warehouse $12.50 $11.70 $11.90
Shops $11.50 $11.70 $11.90
Temporary/Seasonal $ 7.05 $ 7.05 $ 7.05
Utility $11.90 $12.10 $12.30
B. REGULAR EMPLOYEE HIRING SCALE:
(1) First twelve (12) month period worked - $ 8.89
(2) Second twelve (12) month period worked - $ 9.37
(3) Third twelve (12) month period worked - $10.34
(4) After three (3) years of work, employees are paid in
accordance with Paragraph A above.
C. Shift differential, where applicable will be thirty cents ($0.30) for all
hours worked on regular shifts with starting time after 12:00 noon.
X. XXXXXXX: It is recognized that the Company may at its discretion from time
to time, assign leadmen in the various departments in the plant. A leadman's
function will be to perform his assigned production work, to assist supervision
in job assignments or in training of employees. No employee shall be forced to
act in the capacity of leadman against his will.
E. It is understood that the Company may assign a utility person because of
the unique requirements of meeting and dealing with the Company's customers and
presenting the Company's image to the public.
F. GAINSHARING: During the first (1st) year of the Contract, a gainsharing
program has been agreed upon which focuses on reduction in damage expense and
improvements in safety performance. Programs will also be in place during the
second and third years of the Contract. The second and third year programs will
be tied in part to safety performance and in part to specific operating goals
that will be determined by the Company in advance of each period.
Payouts earned under these programs will be in a lump sum on an annual basis
following the completion of the program year. Payouts for second and third year
programs are guaranteed at no less than $125.00 in each year.
ARTICLE 30
HOURS
Section 1. The regular work week for day shift employees shall commence
Monday A.M. and end on Friday P.M. and for second shift employees shall commence
Monday P.M. and end Saturday A.M. The regular work week for the night shift
shall commence on Sunday P.M. and end Friday A.M.
Section 2. All employees covered by the Agreement shall guaranteed forty
(40) hours work or pay, Monday through Friday, except when weather conditions,
material shortages or other conditions beyond the control of the Company made it
impossible for the Company to provide forty (40) hours of work during any week.
Section 3. There shall be no split shifts.
Section 4. The Company will post by Friday noon of the prior week the
regular weekly scheduled starting times.
ARTICLE 31
CALL IN PAY
Section 1. Any employee called in to work and put to work any day Monday
through Friday shall be guaranteed six (6) hours pay at the rate specified in
this Agreement.
Section 2. Any employee called in to work and not put to work
any day Monday through Friday shall be guaranteed four (4) hours pay at the rate
specified in this Agreement.
Section 3. Any employee called in to work on Saturday and Sunday shall be
guaranteed four (4) hours at the rate specified in this Agreement.
ARTICLE 32
DAILY AND WEEKLY OVERTIME
SECTION 1. Eight (8) hours shall constitute a day's work and forty (40)
hours shall constitute a week's work. Time and one-half (1 1/2) shall be paid
for all overtime in excess of eight (8) hours per day or forty (40) hours per
week, whichever is the greater, but not both. There shall be no pyramiding.
SECTION 2. When overtime is required, it shall be offered initially to
employees within the department on the basis of their seniority. If required
overtime is not accepted on a voluntary basis within the department, the junior
employees within that department will be required to accept reasonable overtime.
An employee who is temporarily transferred to a department shall be eligible for
daily overtime within that department provided he has worked in the department
for the entire work day and will be eligible for weekend overtime provided he
has worked in that department for the full workweek. An employee eligible for
overtime in a department to which he is temporarily transferred will not have
department eligibility for overtime within his regular department.
If additional overtime is required within the department, it will be offered to
employees in other departments on the basis of seniority and their ability to
perform the job.
Reasonable overtime is defined as two (2) hours per day on a regularly scheduled
basis or not more than twelve (12) hours in any one (1) day. This provision does
not apply to truck drivers.
Management will make every effort to advise bargaining unit employees of daily
overtime requirements as soon as practical after they become aware of the need
for the overtime.
Section 3. When overtime is required and seasonal employees are working
within the department in which the overtime is required, it will be offered in
accordance with the following:
(a) Overtime scheduled Monday through Friday
1st - permanent department employees
2nd - permanent qualified employees outside the
department
3rd - temporary department employees
4th - permanent employees outside the department (not qualified)
5th - other temporary employees outside the department
(b) Overtime scheduled Saturday and Sunday
1st - permanent department employees
2nd - permanent qualified employees outside the department
3rd - permanent department temporary employees
4th - permanent employees outside the department (not qualified)
5th - other temporary employees outside the department
(c) Qualified employees with seniority from another department who want to work
overtime in departments where temporary employees are assigned, must sign an
overtime availability list which will be posted on Monday in overtime is
expected. The signing of such posting by a qualified employee shall commit such
employee to the working of such overtime is offered.
Section 4. If there are not enough volunteers to complete the assigned over-
time work, the least senior employees must perform such overtime work.
Section 5. Company agrees to post Saturday overtime by noon Thursday. Also,
whenever possible, the Company will advise the employees of daily overtime by
lunch.
ARTICLE 33
SATURDAY SUNDAY OVERTIME
Section 1. One and one-half (1 1/2) times the regular hourly rate shall be
paid for all work performed on Saturday.
Section 2. Double the regular hourly rate shall be paid for all work
performed on Sunday, except for the regularly scheduled night shift whose shift
begins on Sunday.
Section 3. Work performed on Saturday, Sunday, or holidays shall not apply
against the guarantee, but must be paid in addition to the guarantee.
Section 4. Holiday pay for not working shall apply against the guarantee.
ARTICLE 34
VACATIONS
Section 1. All employees who have worked for the Company for one (1) year as
of January 1 of any calendar year shall receive vacation according to the
following schedule:
Years of service as of Jan 1. Vacation Entitlement
1 to 3 years service 1 week vacation
3 to 8 years service 2 weeks vacation
8 to 15 years service 3 weeks vacation
15 plus years service 4 weeks vacation
When an employee's anniversary date makes him eligible for a higher vacation
entitlement he may schedule such incremental entitlement following such
anniversary date and prior to the next vacation period.
Section 2. Employees working less than ten (10) months after once completing
a year of employment shall have their vacation computed on the basis of one-
twelfth (1/12th) for each month during a calendar year in which the employee
works at least one-half (1/2) the working days in such month. If an employee
works ten (10) months out of a calendar year, employee is to be paid full
vacation.
Employees may select a specific vacation period(s) based on their seniority
within their department. A vacation selection calendar will be posted on the
first (1st) working day of January of the calendar year. Vacation selection
will take place between the date of posting and April 1st of that year. The
Company will approve and post the final schedule no later than April 15th.
Subsequent modifications to the final schedule may be made only with the
approval of the Company.
Section 3. One (1) week of vacation may be taken in increments of less than
one (1) week (single days) dependent upon approval of immediate supervisor.
Section 4. The Company will pay vacation pay in lieu of time off if
requested prior to April 1st and the employee will not be entitled to the time
off at a future date.
Section 5. Earned vacation must be taken in the January 1 through December
31 period and may not be carried over into the next vacation period unless
agreed to by the Company.
Section 6. AMOUNT OF VACATION PAY: (a) Each week of vacation pay shall be
equal to the forty (40) hour weekly guarantee.
For Christmas, New Years, Thanksgiving and Independence Day weeks the employee
may either elect to receive an additional days pay at straight time or take off
the Friday preceding the vacation or Monday immediately following.
For Good Friday, Memorial Day, and Labor Day, the employee shall be paid an
additional day's pay of eight (8) hours at the straight time hourly rate.
Vacation pay shall be paid to the employee before leaving on his vacation.
Section 7. TIME FOR VACATION, LEAVES OF ABSENCE: (a) The employer shall have
the right to determine vacation leaves of absence so that such vacation leaves
of absence shall not interfere with efficient operation of the Company. At
least two (2) employees shall be allowed off for vacation each week in the year,
if possible.
(b) Subject to Section (a) above, vacation requests shall be granted according
to seniority.
(c) Any employee who has earned his vacation and is separated from his
employment before taking it shall be paid the amount earned at the time of
separation.
Section 8. MISCELLANEOUS
(a) Employees will receive a copy of their vacation
requests when approved by their supervisor.
(b) A single calendar will be used for scheduling vacation and it will be
posted under glass in a locked bulletin board.
(c) If an employee transfers to another department, he must re-submit his
vacation request to his new supervisor.
ARTICLE 35
HOLIDAYS
Section 1. Employees shall not be required to work and shall be paid eight
(8) hours at the straight time hourly rate for the following ten (10) holidays:
New Year's Day, Good Friday, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, Day following Thanksgiving, Christmas Day and the day before
Christmas and New Year's Eve.
Section 2. Employees called to work on any of the above listed holidays
shall be paid a minimum of eight (8) hours pay at two (2) times the regular rate
in addition to the eight (8) hours pay referred to above. This section does not
apply to night shift employees whose regularly scheduled shift begins on the
holiday.
Section 3. In order to qualify for eight (8) hours of straight time pay for
a holiday not worked, it is provided that employees must work the regular
scheduled work day which immediately precedes and follows the holiday, except in
cases of proven illness or unless the absence is mutually agreed to.
Section 4. Employees who are serving their sixty (60) days probationary
period are not entitled to holiday pay for holidays falling within the
probationary period.
Section 5. When a holiday falls on Sunday, it shall be celebrated on the
following Monday.
ARTICLE 36
GENERAL PROVISIONS
Section 1. JOB OPENINGS: When a permanent vacancy occurs in a department,
any employee having made previous application for transfer, will be given
consideration for such vacancy on the basis of his plant seniority and ability.
When an employee desires to transfer from one (1) job classification to another
he must complete a request for transfer form. When an employee accepts a
transfer to another job classification all other transfer requests become
invalid for not less than one (1) year duration.
(a) Employees who are permanently transferred into any department shall after
such transfer have their seniority apply only in that department. If it later
develops that an employee is unable to utilize his abilities to the best
advantage in the department to which he has been transferred, he shall within
fifteen (15) work days be allowed to return or be returned to the department
from which he was transferred. Such employee may not request another transfer
for a period of one (1) year.
Section 2. LODGING: All employees out-of-town on Company business shall be
reimbursed for two (2) meals and lodging when receipts are submitted. Such
reimbursement shall be up to a maximum of forty-eight dollars ($48.00) for each
overnight trip, increased to fifty dollars ($50.00) November 4, 1997. A Chicago
trip shall be fifty-six dollars ($56.00) plus tolls increased to fifty-eight
dollars ($58.00) plus tolls effective November 4, 1997.
In case of a breakdown of equipment or other emergencies necessitating a longer
period of hours of service other than the ordinary layover, the driver shall be
paid his hourly wage rate as provided for in this Agreement. A fifty dollar
($50.00) cash advance is available if requested.
Section 3. JOB CLASSIFICATIONS: (a) Any employee transferred from a
lower classification to a higher classification, shall receive the rate of pay
established for the higher classification for all hours worked.
(b) Any employee transferred temporarily from a higher classification to a
lower classification shall retain his higher rate of pay during the temporary
period.
Section 4. SEASONAL EMPLOYEES
(a) The Employer may use seasonal help from May 15th through
October 31st. Seasonal help shall not be covered by the Health and Welfare or
the Pension.
(b) Seasonal help shall be laid off before any regular employees are laid off.
(c) Seasonal help shall be required to join the Union.
(d) Seasonal help shall be given preference for recall the next season before
new employees are hired, provided they notify the Company of their desire to
return in advance of the season, and they must provide the Company with a
current address and telephone number.
(e) If a seasonal employee requests full time employment and the Company
agrees, said employee's seniority date will be the employee's last date of hire
and his rate of pay will fall in the respective wage scale time frame.
(f) When a seasonal employee is retained or called back by December 1st, he
will have the time worked for the summer of that calendar year count towards
probation time, wage progression time, and seniority. His seniority date will
be his most recent date of hire as a seasonal employee.
Section 5. TEMPORARY PART-TIME EMPLOYEES:
During the period from November 1st to May 14th of any Contract year, the
Company may have up to four (4) temporary/part-time employees on the payroll,
two (2) of whom shall be without restrictions and two (2) of whom must be
replacements for seniority employees not available for work. Such temporary
employees:
- will not be eligible for benefits provided under the Agreement including
holidays and vacation, nor will they have any rights or protection under Article
6.
- will be laid off before regular employees are laid off.
- will be required to join the Union after thirty-one (31) days.
- will be provided the opportunity to fill available fulltime positions provided
they are qualified and have been a temporary or seasonal employee for one (1)
year or more.
- will be given a seniority date coincident with their new date of regular
employment if offered.
- will have their original hire date serve as date of hire for purposes of
vacation entitlement and placement in the wage progression.
If the number of full-time regular employees falls below sixty-eight (68), the
Company will fill such positions from the available temporary employees on the
payroll. This in no way is a guarantee that the Company will maintain any fixed
level of permanent full-time employment.
Notwithstanding the other provisions of this Section, the parties acknowledge
that there may be a need to add temporary employees to meet short term
production or shipping requirements. If such a situation develops, the Company
and the Union will meet promptly for the purpose of agreeing on an arrangement
to add such temporary employees.
Section 6. On local deliveries the Company agrees to furnish a helper on the
truck when the driver asks for one, providing the demand is reasonable.
Section 7. If an employee, who because of old age or physical disability, is
unable to accomplish a day's work, the Employer and the Union will have the
right to adjust hours and wages of that employee.
Section 8. Any driver accepting an opening will be required to stay on that
run until the regular driver returns.
Section 9. Daily runs shall be offered to available drivers by seniority. If
not accept, the relief or lowest seniority driver will be assigned the run and
must accept.
Section 10. The company reserves the right to assign runs to drivers with
less than a full week to complete a five (5) day run schedule by seniority.
Section 11. Drivers called to work shall be allowed sufficient time without
pay to get to the garage or terminal, and shall draw pay from the time ordered
to report and register in.
Section 12. ROAD DRIVER ASSIGNMENTS: If any full time driver who has a five
(5) day run schedule (full week) goes on vacation or is off for a full week for
any reason, his run shall be open to any driver who has less than a five (5) day
run by seniority.
Section 13. Drivers with full five (5) day runs shall not be eligible to bid
on these temporary openings.
Section 14. SAFETY SHOES: Upon presentation of a printed receipt from a
recognized dealer, the Company will reimburse an employee up to a total of one
hundred fifty dollars ($150.00) during the life of the Agreement for steel-toed
safety shoes. Employees are required to wear steel-toed safety shoes during
working hours.
ARTICLE 37
FUNERAL LEAVE
Employees who have completed their probationary period will be paid for a
maximum of up to three (3) consecutive scheduled working days, commencing with
the day of death and ending with the day of the funeral, to compensate for
scheduled time lost to attend a funeral due to death in the employee's immediate
family.
The immediate family shall be limited to the employee's spouse, sons and
daughters, mother and father, sister and brother, sister-in-law and brother-in-
law, and mother-in-law and father-in-law. The pay shall be for eight (8) hours
at straight time. One (1) day will be paid for grandparents if the employee
attends the funeral. Employee must attend funeral and will receive a minimum of
two (2) days of pay for the employee's immediate family.
ARTICLE 38
BREAKS
All employees shall be given a fifteen (15) minute break in the A.M. and a ten
(10) minute break in the P.M. without loss of pay. If employees work beyond ten
(10) hours, they shall be given a ten (10) minute break.
ARTICLE 39
MANAGEMENT RIGHTS
The Company retains the right to direct its operations, to determine the number
and location of its plant or plants, the products to be manufactured, the
methods, processes and means of manufacturing, the sources of materials and
supplies, and the disposition of products, and also, subject to the provisions
of this Contract, the right to discipline or discharge any employee for just
cause and to transfer and lay-off employees for lack of work or for other
legitimate reasons. The foregoing includes the right to subcontract, in
accordance with Article 3. For the purpose of preserving work and job
opportunities for the employees covered by this Agreement, the employer agrees
that no work assigned to the collective bargaining unit will be assigned to any
non-unit employee. Neither the Union nor any of its members shall assume
authority to act in any managerial capacity.
ARTICLE 40
NON-DISCRIMINATION
The Company and the Union separately and jointly agree that all terms and
conditions of this Agreement will be applied equally to all employees regardless
of age, race, creed, color, sex, national origin, handicaps, or veteran's
status. Wherein the text of this Agreement, words of masculine gender are used,
they shall be interpreted to denote either masculine or female gender.
ARTICLE 41
WHOLE AGREEMENT CLAUSE
Section 1. The parties acknowledge that during the negotiations, each had the
unlimited right to make demands with respect to any subject, and that the
understandings and agreements are set forth in this Agreement. Therefore, the
Company and the Union for the life of the Agreement, each waives the right and
each agrees that the other shall not be obligated to bargain collectively with
respect to any subject or matter referred to, or covered in this Agreement, even
though such subject or matter may not have been within the knowledge or
contemplation of either or both of the parties at the time they negotiated or
signed this Agreement. This does not preclude the parties from mutually
agreeing to supplement or modify any portion of the Agreement during its term.
However, any such supplement or modification which waives or modifies any of the
terms of this Agreement must be made and executed in writing between the
parties.
Section 2. As stated above, it is agreed that this written Contract reflects
the entire Agreement between the parties. Amendments or clarifications of the
Agreement mutually agreed upon shall be reduced to writing, attached to, and
shall become a part of this Contract.
ARTICLE 42
JURY DUTY PAY
Employees actively employed who have one (1) year or more of seniority and who
are required to serve on a jury panel shall (upon presentation to the Company of
satisfactory evidence of their being required to serve, their time spent in jury
service and the amount of compensation received) be paid the difference between
their straight-time hourly rate of pay (based upon eight [8] hours per day) and
the amount of compensation received for jury service for a maximum of two (2)
weeks during any calendar year.
Employees who are released from jury service before noontime shall be permitted
two (2) hours in which to return to work; employees who are released from jury
service after noontime, shall be excused from work all that day.
ARTICLE 43
TERMINATION OF AGREEMENT
Section 1. This Agreement shall be in full force and effect from November 4,
1995, to and including November 6, 1998 and shall continue in full force and
effect from year to year thereafter unless written notice of desire to cancel or
terminate the Agreement is served by either party upon the other at least sixty
(60) days prior to date of expiration.
Section 2. It is further provided that where no such can-cellation or
termination notice is served and the parties desire to continue said Agreement
but also desire to negotiate changes or revisions in this Agreement, either
party may serve upon the other a notice, at least sixty (60) days prior to
November 6, of any subsequent Contract year, advising that such party desires
to continue this Agreement but also desires to revise or change terms or
conditions of such Agreement. The respective parties shall be permitted all
lawful economic recourse to support their request for revisions if the parties
fail to agree thereon.
Section 3. In the event of an inadvertent failure by either party to give
notice as set forth in this Article, such party may give such notice at any time
prior to the termination or automatic renewal date of this Agreement. If a
notice is given in accordance with the provisions of this section, the
expiration date of this Agreement shall be the sixty-first (61st) day following
such notice.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
the day and year first above written.
FOR THE COMPANY FOR THE UNION
Xxxxxx Distribution Teamsters Local Union No. 486
a Division of Xxxxxx affiliated with the International
Products, LTD. Brotherhood of Teamsters
BY Xxxxxx X. Xxxx BY Xxxxx Xxxxxxxx
Secretary-Treasurer
DATE 2/23/96 DATE 12/22/95
BY X. X. Xxxxxxxx Xx. BY Xxx Xxxxx
Business Agent
DATE 1/4/96 DATE 12/21/95
SCHEDULE "A"
The plan provides benefits for you and each eligible dependent during the life
of the Agreement and in accordance with the individual Health Plan option
selected. The following constitutes a summary of the available options.
HOURLY DISTRIBUTION EMPLOYEES - SAGINAW IBT
SUMMARY OF HEALTH PLAN OPTIONS
BENEFIT OPTION 1 OPTION 2 OPTION 3 OPTION 4
Inpatient 80% after 80% after *80% after 80% after
Hospital deductible deductible deductible deductible
X-ray & Lab 80% after 80% after *80% after 80% after
deductible deductible deductible deductible
Outpatient Surgery 80% after 80% after *100% after 100% after
Home Health Care, deductible deductible deductible deductible
Hospice, Pre-Admis-
sion Testing, Pap
Smear, Birthing
Center
Physician Charges 80% after 80% after 80% after 80% after
deductible deductible deductible deductible
Chiropractor 80% after 80% after 80% after 80% after
deductible deductible deductible deductible
max. $500/ max. $500/
calendar yr calendar yr.
Mental/Nervous Combined Combined Inpatient Inpatient
Alcoholism & Drug Inpatient & Inpatient &
Abuse Treatment Outpatient: Outpatient:
80% after 80% after 80% after 80% after
deductible deductible deductible deductible
max. $7,000 max. $7,000
calendar yr calendar yr
$20,000 $20,000
lifetime lifetime
2 inpatient 2 inpatient 50% to 50% to
treatments/ treatments/ $1,000/ $1,000/
lifetime lifetime calendar yr calendar
yr
Prescription Drugs 80% after 80% after *Generic- Generic-
deductible deductible 100%, no 100%, no
deductible deductible
Brand-80% Brand-80%
deductible deductible
Wellness Benefit:
Routine Physicals 80% after 80% after Not covered Not
deductible, deductible, covered
$200/calen- $200/calen-
dar year, dar year,
max. max.
BENEFIT OPTION 1 OPTION 2 OPTION 3 OPTION 4
Routine Mammograms 80% after 80% after Not covered Not covered
deductible, deductible,
1/calendar 1/calendar
yr after yr after
age 40 after age 40
Well Baby Care 80% after 80% after Not covered Not covered
(to age 24 months) deductible deductible
$200/calen- 200/calen-
dar yr max dar yr max
Lifetime Maximum $1,000,000 $1,000,000 $1,000,000 $1,000,000
Out-Of-Pocket Individual- Individual- Individual- Individual
$1,900 $1,100 $1,000 $1,000
Family- Family- Family- Family-
$3,800 $2,200 $2,000 $2,000
Annual Deductible Individual Individual individual Individual
$1,000 $200 $100 $100
Family- Family- Family- Family-
$2,000 $400 $200 $200
Dental Plan Plan A Plan A Plan B Plan B
Health Care $1,200 $1,200 $1,200 $1,200
Spending Account employee employee employee employee
account account account account
available available available available
1/1/96 & 1/1/96 & 1/1/96 & 1/1/96 &
beginning beginning beginning beginning
of subse- of subse- of subse- of subse-
quent cal- quent cal- quent cal- quent
endar yr. endar yr. endar yr. calendar
yr.
Dependent Care Available Available Not avail- Not Avail-
Spending Account Available Available
*Under Option 3, the first $2,500 of Generic RX, inpatient physician visits, and
(*) expenses are paid at 100% with no deductible.
Cost/week 11/6/95 single $0 single $0 Single- Single-
Family $0 Family $0 $6.40 $4.10
Family- Family-
$16.12 $10.20
11/4/96 Single $0 Single Single Single-
$2.00 $8.50 $6.40
Family $0 Family Family- Family-
$5.00 $21.12 $15.20
11/3/97 Single $0 Single Single Single-
$3.00 $9.50 $7.10
Family $0 Family Family Family
$7.50 $23.62 $17.70
Annual Employee
Rebate-$300
SCHEDULE "B"
XXXXXX PRODUCTS LTD.
SUMMARY OF DENTAL PLANS
BENEFIT PLAN A PLAN B
Class I - Preventive services:
Oral Examinations, X-rays, cleaning, 100% 100%
Fluoride, Space Maintainers
Sealants (Dependent Children 100% None
to age 19)
Class 2 - Basic Services:
Emergency Treatment, Endodontics, 80% 80%
Periodontics, Oral Surgery, Local
Anesthesia, Extractions, Restorative
Treatment: Amalgam, Silicate & Acrylic
Fillings & Stainless Steel Crowns
Class 3 - Major Services:
Gold Foil Fillings, Inlays & Onlays, 50% 50%
Crowns
Class 4 - Prosthodontics Services:
Removable or Fixed Bridgework; Partial or 50% 50%
Complete Dentures
Class 5 - Orthodontic Services:
Teeth Straightening Procedures (Dependent 50% 50%
Children to age 19)
Deductible (applies to Classes Individual Individual
2, 3 & 4 service only) $35 $35
Family Family
$70 $70
Annual Non-Orthodontic Maximum $1,000 $1,000
Lifetime Orthodontic Maximum $1,000 $ 500
SCHEDULE "C"
MEMORANDUM OF UNDERSTANDING
It is hereby understood and agreed, all truck runs will be placed up for bid
whenever a complete set of scheduled weekly runs become available due to a
permanent vacancy. Weekly sets of runs will be determined by management, and
may be modified for operational efficiency.
The foregoing not withstanding, if a driver elects to voluntarily give up his
weekly set of runs, the set of runs will be subject to bid by any driver who has
less than a five (5) day set of runs. If there are no bids, the least senior
driver will be assigned the run. The driver electing to give up his runs will
be assigned the run of the aforementioned least senior driver.
EXHIBIT D
MEMORANDUM OF UNDERSTANDING
It is hereby understood and agreed that the Plant Rules and Regulations (Exhibit
E) are a part of the basic Agreement and shall remain in effect during its term.
Further, it is agreed that absences and related offenses shall be handled in a
progressive disciplinary manner in accordance with the following:
1st Offense - Oral Warning
2nd Offense - Written Warning
3rd Offense - Three (3) Day Suspension
4th Offense - Discharge
The foregoing notwithstanding, the provision of Article 5 - Seniority, Section 6
(e) apply.
Employees who believe they have been unjustly disciplined may seek relief
through the grievance procedure.
EXHIBIT "E"
XXXXXX PRODUCTS, LTD.
XXXXXX DISTRIBUTION DIVISION
PLANT RULES AND REGULATIONS
If your plant is to operate smoothly and efficiently, and if it is to be a safe
and desirable place to work, it is necessary that the Company adopt certain
plant rules and regulations. The purpose of these rules is not to restrict the
rights of anyone, but to define them and protect the rights of all, and insure
cooperation. The violation of any of the following posted rules will be
sufficient grounds for disciplinary action up to and including discharge,
depending upon the seriousness of the offense in the judgement of the Employer.
The Company intents to fulfill its obligation to administer these rules fairly
and consistently, and it solicits the cooperation of all its employees in making
the Birch Run Division a safe, efficient, and pleasant place in which to work.
1. Failure to be at work at starting time or leaving work station prior to the
designated quitting time, or without proper relief when required.
2. Irregular attendance, unexcused absence, or frequent tardiness.
3. Not reporting for duty without notifying his Employer prior to work that he
will not report, except in cases where such notification is impossible.
Failure to give such notice for a period in excess of three (3) consecutive
days shall result in termination.
4. Smoking and use of matches in clearly marked restricted areas or zones.
5. Wasting time or loitering in rest rooms, lunch room or on any company
property during working hours.
6. The use of profane, abusive or threatening language toward fellow employees
or supervisory personnel.
7. Creating or contributing to unsanitary conditions.
8. Failure to properly identify oneself to security guard or supervisor, when
requested.
9. The making or publishing of false, vicious or malicious statements
concerning any employee, supervisor, the Company or its products.
10. Soliciting or collecting contributions for any purpose whatsoever on
Company's premises without permission of the Industrial Relations
Department.
11. Fighting, playing practical jokes, gambling or disorderly conduct on the
job or on the Employer's property.
12. Sleeping on the job or on the Employer's property.
13. Leaving the job or department except in an emergency without securing the
proper permission.
14. Insubordination.
15. Threatening, intimidating or interfering with employees or supervision at
any time.
16. Refusal to obey instructions of xxxxxxx or other supervisors. This
includes, among other things, refusal of any employee to satisfactorily
perform any task or duty or job within reason assigned to the employee by
his or other supervisor or to disobey his xxxxxxx or other supervisor's
instructions. (Employees are to follow instructions; any complaint may be
taken up later through regular channels.)
17. Failure to carry on the job in a satisfactory manner.
18. Misconduct.
19. Spoilage of work willfully or through carelessness, deficiency, damaging or
destroying the Employer's property such as buildings, equipment, tools,
materials or supplies, or injuring others through carelessness or
negligence.
20. Theft, vandalism or pilferage of the Employer's property or that of fellow
employees or property of contractors doing business on the Employer's
premises.
21. Tampering with any other employees time card, or tampering with the
employees own time card, or falsification of personnel or other Company
records.
22. Possession of, drinking of, or otherwise using liquor or any alcoholic
beverage or other form of intoxicants on Company property at any time.
Reporting for work while under the influence of intoxicants, or when in an
unsafe condition due to the aftereffects of intoxicants.
23. Knowingly restricting production or participating in a work slowdown or
stoppage.
24. Possession of weapons, ammunition or explosives on Company premises at any
time.
25. The violation of safety, production, or other operation rules and
regulations.
26. Using another's pass, or permitting another to use your pass to enter the
property.
27. Intimidation or interference with the rights of any employee, or any
interference with an employees tools, machine, materials, his work or any
other personal property, or that of the Employer being used by an employee.
28. Dishonesty.
29. Failure to report promptly injury or sickness acquired during the course of
employment.
30. Unauthorized distribution of literature, written or printed matter of any
description on Company time.
31. Performing personal work on Company property.
32. Refusing to work overtime unless excused by the Company.
EXHIBIT F
NIGHT SHIFT
Should the Company decide to establish a night shift production operation, they
will staff such a shift by first asking for volunteers who have the necessary
qualifications and who are working on the day shift in the same department. If
there are insufficient volunteers, the Company will transfer the required number
of experienced employees to that shift in inverse order of seniority among the
qualified employees within that department.
This will not restrict the Company from hiring seasonal employees to meet its
remaining production needs.
