PREAMBLE
This Agreement is between Century Aluminum of Kentucky, LLC, "The Company",
or its successor, and the United Steelworkers of America, AFL-CIO-CLC, "The
International Union", or its successor. Where the term "Local Union" is used
herein it refers to United Steelworkers of America, Local 9423, or its
successors. Where the term "Union" is used herein it refers to the International
Union, the Local Union, or both Unions depending on the context. This Agreement
shall become effective immediately upon the occurrence of the sale of the plant
to the Company at the Closing to be held on the future Date of Closing.
_____________________ _____________________
Company Union
ARTICLE 1
PURPOSE OF AGREEMENT
It is the intent and purpose of the parties hereto to set forth herein in
accordance with and subject to the Labor Management Relations Act, 1947, as
amended, the basic agreement covering rates of pay, hours of work, and
conditions of employment to be observed between the parties hereto with respect
to the employees covered hereby and as hereinafter defined.
_____________________ _____________________
Company Union
2
ARTICLE 2
SCOPE OF AGREEMENT
The term "employee" or "employees" as and wherever used in this Agreement shall
include those employees of the Company at its aluminum plant located at
Hawesville, Kentucky ("Plant") in the following bargaining unit for which the
United Steelworkers of America, AFL-CIO-CLC, "the Union", was recognized as the
exclusive bargaining representative in Case No. 26-RC-7900 as clarified in Case
No. 26-UC-176 and as further agreed during bargaining for an initial collective
bargaining agreement:
All production and maintenance employees excluding
all office and clerical employees, department
clerks, reduction services/green carbon clerk,
customer service and traffic representative,
reduction/rodding clerk, team clerks and casthouse
department clerk, clerk/typists, stores department
clerk, and customer service representative,
medical assistants, safety coordinator,
metallurgical technicians, laboratory assistants,
spectrochemical analysts, environmental control
technicians, senior process control technicians
(electrode area), senior process control
technicians (potline), senior process control
technicians (inventory), labor
pool/telecommunications supervisor, process
control technicians, process computer technician,
professional employees, guards, and supervisors as
defined in the Act.
_____________________ _____________________
Company Union
3
ARTICLE 3
RECOGNITION AND UNION SECURITY
A. The Company recognizes the Union as the exclusive bargaining agency for its
employees for the purpose of collective bargaining in respect to rates of
pay, wages, hours, or other conditions of employment. The provisions of
this Agreement constitute the sole procedure for the processing and
settlement of any claim by an employee or the Union of a violation by the
Company of this Agreement. As the representative of the employees, the
Union may process grievances through the grievance procedure, including
arbitration, in accordance with this Agreement or adjust or settle the
same.
B. All employees shall become members of the Union on the thirty-first (31st)
calendar day after going to work or the effective date of this Agreement,
whichever is the later, and thereafter maintain membership in good standing
in the Union as a condition of employment. For the purposes of this
Section, an employee shall not be deemed to have lost his membership in the
Union in good standing until the International Treasurer of the Union shall
have determined that the membership of such employee in the Union is not in
good standing and shall have given the Company a notice in writing of that
fact.
C. All employees who are hired by the Company after the date of execution of
this Agreement shall be reported promptly to the Union by the Company, but
in no case will reporting be delayed beyond thirty (30) days.
D. The Union heretofore has furnished the Company a notarized list of its
members who are employees of the Company, which list shows the name,
address, department, and badge number of each such employee. On or before
the last day of each calendar month, the Union shall submit to the Company
a notarized supplemental list showing the same information regarding each
employee included in such supplemental list of the notarized list first
referred to, covering all employees who shall have become members of the
Union since the last previous list of members of the Union was furnished to
the Company. For each employee included in the aforesaid lists to be
supplied to the Company by the Union and for whom the Company has received
a written assignment, not irrevocable for a period of more than one (1)
year or beyond the termination date of this Agreement, whichever occurs
sooner, executed by the employee concerned authorizing the Company so to
do, the Company shall deduct from the first pay of each succeeding week (if
Company's payroll system reasonably so permits and in any event from the
second pay of such month) the Union membership dues for the preceding week
including if so indicated on such lists, the initiation fee due the Union,
as designated to the Company by the International Treasurer of the Union.
The amount of such deductions and the conditions applying thereto shall
continue as specified hereinabove, except as changes may be required to
provide for continued conformance with applicable provisions of the
Constitution of the International Union. All amounts deducted by the
Company from the pay of any employee hereunder shall be remitted by the
Company monthly to the "International Treasurer, United Steelworkers of
America, 0 Xxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000".
_____________________ _____________________
Company Union
4
The Company will check off dues from a lump sum vacation payment made to an
employee for the appropriate number of months covered by such payment for
which dues are not otherwise checked off.
E. The Union hereby indemnifies the Company and holds it harmless against any
and all suits, claims, demands and liabilities that shall arise out of, or
by reason of, any action that shall be taken by the Company for the purpose
of complying with the foregoing provisions of this Article, or in reliance
on any list or certificate which shall have been furnished to the Company
under any of such provisions.
F. The Company agrees that it will not sell, convey, assign, or otherwise
transfer, all or substantially all, of the Plant to any other party
("Buyer") unless the following conditions have been satisfied prior to the
closing date of the sale: (1) the Buyer shall have entered into an
agreement with the Union recognizing it as the bargaining representative
for the employees of the sold facilities; and either: (2) the Buyer shall
have entered into an agreement with the Union establishing the terms and
conditions of employment to be effective as of the closing date: or (3) the
Buyer shall, as of the closing date, assume this Agreement as its own and
agree to be bound by all obligations thereunder.
_____________________ _____________________
Company Union
5
ARTICLE 4
RATES OF PAY
A. Standard Hourly Base Wage Scales
1. The Standard Hourly Base Wage Scale shall be those set forth in
Appendix A of this Agreement. The hourly rate of a Temporary Relief
Supervisor under this Article shall be that hourly rate which is four
(4) job grades higher then that of the highest hourly rate of a person
working under his or her direct supervision, but in no case less than
two (2) labor grades above the employee's regular rate.
2. Copies of the applicable Wage Scale shall be made available to Local
Union officers. In addition, at the beginning of each calendar
quarter-year, the Company shall supply Local Union officers with, and
shall post on appropriate bulletin boards a list, showing by job class
and applicable Standard Hourly Base Wage Rate, and by applicable shift
differential amount per hour, the job number and title of all jobs
then in effect. Information as to any revisions occurring between
quarterly posting dates shall be available to Local Union officers
upon request. It is understood that any errors made in compiling the
lists above referred to shall be corrected.
B. Cost of Living Adjustments
1. For purposes of this Agreement:
"Consumer Price Index" refers to the "Consumer Price Index for Urban
Wage Earners and Clerical Workers (CPI-Revised W) - United States -All
Items (1967 = 100)" published by the Bureau of Labor Statistics, U.S.
Department of Labor.
"Consumer Price Index Base" shall be determined as follows:
a. For April 1, 2001, July 1, 2001, October 1, 2001 and January 1,
2002 adjustment dates, the Consumer Price Index Base refers to
the Consumer Price Index for the month of November 2000 (reported
as 509.0), multiplied by 105.0% (534.5).
b. For the April 1, 2002, July 1, 2002, October 1, 2002 and January
1, 2003 adjustment dates, the Consumer Price Index Base refers to
the Consumer Price Index for the month of November 2001,
multiplied by 105.0%
c. For April 1, 2003, July 1, 2003, October 1, 2003 and January 1,
2004 adjustment dates, the Consumer Price Index Base refers to
the Consumer Price Index for the month of November 2002,
multiplied by 105.0%.
_____________________ _____________________
Company Union
6
d. For April 1, 2004, July 1, 2004, October 1, 2004 and January 1,
2005 adjustment, the Consumer Price Index Base refers to the
Consumer Price Index for the month of November 2003, multiplied
by 105.0%.
e. For April 1, 2005, July 1, 2005, October 1, 2005, January 1, 2006
adjustment date, the Consumer Price Index Base refers to the
Consumer Price Index for the month of November 2004, multiplied
by 105.0%.
"Adjustment Dates" are April 1, 2001, July 1, 2001, October 1, 2001,
January 1, 2002, April 1, 2002, July 1, 2002, October 1, 2002, January
1, 2003, April 1, 2003, July 1, 2003, October 1, 2003, January 1,
2004, April 1, 2004, July 1, 2004, October 1, 2004 January 1, 2005
April 1, 2005, July 1, 2005, October 1, 2005 and January 1, 2006.
"Change in the Consumer Price Index" is defined as the difference
between (1) the Consumer Price Index Base, and (2) the Consumer Price
Index for the second calendar month next preceding the month in which
the applicable adjustment date falls.
2. Cost-of-Living Adjustment: Effective on each adjustment date, a
cost-of-living adjustment equal to 1(cent)per hour for each full .3 of
a point change in the Consumer Price Index shall be calculated. In
calculating the adjustment if any for April, July, October 2002 and
January 2003, there shall be added to the calculated amount an amount
equal to the cost-of-living adjustment, if any which was payable on
January 2002. In calculating the adjustments, if any, for April, July,
October 2003, and January 2004 there shall be added to the calculated
amount an amount equal to the cost-of-living adjustment, if any, which
was payable on January 1, 2003. In calculating the adjustments, if
any, for April, July, October 2004, and January 2005, there shall be
added to the calculated amount an amount equal to the cost-of-living
adjustment, if any, which was payable on January 1, 2004. In
calculating the adjustments, if any, for April 1, 2005, July 1, 2005,
October 1, 2005 and January 1, 2006 there shall be added to the
calculated amount an amount equal to the cost-of-living adjustment, if
any which was payable on January 1, 2005.
_____________________ _____________________
Company Union
7
Effective on each adjustment date, the cost-of-living adjustment as
determined above shall become payable for all hours worked by an
employee until the next adjustment date. The cost-of-living
adjustments under this paragraph shall be considered an "add-on" and
shall not be deemed part of the employee's standard hourly rate. Such
adjustments shall be included with the hourly rate only in the
calculation of pay for hours worked (including overtime hours) and
allowed time in accordance with Article 8.
3. Should the monthly Consumer Price Index in its present form and on the
same basis as the Index published for November 2000 become
unavailable, the parties shall attempt to adjust this section or, if
agreement is not reached, request the Bureau of Labor Statistics to
provide an appropriate conversion of adjustment, which shall be
applicable as of the appropriate adjustment date and thereafter.
C. Temporary Assignments
1. Single rates have been established for each job in the Plant. An
employee assigned from his regular job to another job will receive the
established rate of pay for the job performed for the time worked or
the minimum of one (1) hour's pay whichever is greater, providing that
the rate of pay for the job performed is equal to or higher than his
current rate of pay. Shift premium will be paid on the upgraded rate
of pay. An employee assigned to a temporary position where the pay
grade is less will retain his Standard Hourly Base Wage Rate for his
regular job.
2. If an employee is upgraded to any job for training purposes and the
job is double-staffed with another employee instructing the upgraded
employee, the upgraded employee will continue to be paid the rate of
the job from which he was upgraded until training is complete.
D. New Jobs
1. If the Company establishes a new job, combines jobs or changes job
content, it will assign an appropriate wage rate to such new job,
which will be in proper relationship to the wage rates of existing
jobs.
2. The Local Union President shall be notified in writing of the newly
established job, combined job or changed job and its wage rate. If
within thirty (30) days after such notification, the Union disagrees
with the wage rate established, the Plant Manager or his designee and
the Local Union President will enter into negotiations for
establishing the wage rate.
3. If an agreement on a rate cannot be reached by the Local Union
President and the Plant Manager or his designee, the Union may appeal
this dispute to Step 3 of the grievance procedure. At the Third Step,
the parties shall utilize the CWS Manual in an attempt to resolve the
matter. Such negotiated resolution shall be without precedent or
prejudice and shall not affect the rates of any other jobs.
_____________________ _____________________
Company Union
8
4. If the matter cannot be resolved at Step 3, the Union may appeal the
grievance to Step 4. In deciding the grievance, the Arbitrator shall
utilize the CWS Manual.
E. Job Description and Classification
In the absence of a job description, or a need to review an existing job
description because of an issue, the Company and the Union agree to meet
within thirty (30) calendar days for discussion and resolution of the
issue.
_____________________ _____________________
Company Union
9
ARTICLE 5
SHIFT DIFFERENTIALS AND SCHEDULE PREMIUM
Shift Differentials
For employees hired prior to July 31, 1995:
A. For hours worked on the afternoon (third) shift, a premium rate of three
(3) percent of the Standard Base Wage Rate will be paid. For hours worked
on the night (first) shift, a premium rate of five (5) percent of the
Standard Base Wage Rate will be paid. The 12-hour day shift receives no
shift differential. The 12-hour night shift receives the night shift
differential of five (5) percent of the Standard Base Wage Rate.
For Employees hired on or after August 1, 1995:
For hours worked on the afternoon (third) shift a premium of 30 cents per
hour will be paid. For hours worked on the night (first) shift a premium of
35 cents per hour will be paid. The 12-hour day shift receives a shift
differential of 30 cents per hour. The 12-hour night shift receives a shift
differential of 35 cents per hour.
B. Extra hours worked prior to or beyond the hours of the shift for which an
employee is scheduled that day, will be paid the shift differential
applicable to the shift on which the extra hours are worked for these hours
or the shift differential applicable to the shift for which scheduled and
worked, whichever is greater.
C. Shifts shall be identified in accordance with the following:
1. Day shift includes all shifts regularly scheduled to commence between
4:00 a.m. and 8:30 a.m., inclusive.
2. Afternoon shift includes all shifts regularly scheduled to commence
between 1:30 p.m. and 4:30 p.m., inclusive.
3. Night shift includes all shifts regularly scheduled to commence
between 6:45 p.m. and 12:30 a.m., inclusive.
D. Should it be necessary, in the interest of efficient operations, to
establish schedules departing from the normal work week, the Company and
the Chairman of the Grievance Committee shall confer, together with the
Department Grievance man of the department affected, to determine whether,
based upon the facts of the situation, mutually satisfactory modified
schedules can be arranged, but the final right to arrange working schedules
rests with the Company, in order to avoid adversely affecting the operation
of the Plant. This right shall not be exercised in an arbitrary fashion for
the purpose of depriving employees of rights under this agreement.
_____________________ _____________________
Company Union
10
E. Any hours worked by an employee on a regularly scheduled shift, which
commences at a time not specified in paragraph C, above, shall be paid as
follows:
1. For hours worked which would fall in the prevailing day shift of the
department, no shift differential shall be paid.
2. For hours worked which would fall in the prevailing afternoon shift of
the department, the afternoon shift differential shall be paid.
3. For hours worked which would fall in the prevailing night shift of the
department, the night shift differential shall be paid.
4. Where two or more overlapping shifts, exclusive of the regularly
scheduled shift which commences at a time not specified in Paragraph
C, above, prevail in a department, the prevailing day shift shall be
deemed to be from 8:00 a.m. to 4:00 p.m., the prevailing afternoon
shift from 4:00 p.m. to Midnight, and the prevailing night shift from
Midnight to 8:00 a.m.
Schedule Premium
A. A schedule premium of 30 cents per hour will be paid to all employees who
are assigned to work regular schedules on days other than Monday through
Friday. This scheduled premium will not be paid for hours worked on
Saturday and/or Sunday as additional days in the employees' regular work
week.
B. Schedule premium will be added to each hour worked on:
Holidays,
Sixth and seventh consecutive days in a workweek, and
Hours worked on call-in or reporting.
Schedule premium will NOT be used in the calculation of pay for hours
compensated for but not worked, such as:
Jury or Witness service
Funeral leave
Holiday not worked
Call-in or reporting pay
C. For the purpose of this Article the term "scheduled cycle" is defined as an
employee's established work pattern or the number of weeks, Monday through
Sunday, that must lapse before the employee's schedule begins to repeat
itself.
_____________________ _____________________
Company Union
11
D. Employees whose regular schedules provide that half or less of the work
weeks in a scheduled cycle are other than Monday through Friday, shall
receive schedule premium only for hours worked in the work weeks which
involve scheduled days other than Monday through Friday.
E. Employees on regular twelve (12) hour rotating shifts shall receive
schedule premium for all hours worked.
F. Employees whose regular schedule requires them to work more than one half
of the work weeks in a scheduled cycle on days other than Monday through
Friday shall receive schedule premium for all hours worked.
G. Employees, in positions not regularly entitled to schedule premium pay,
shall receive schedule premium pay for all hours worked while substituting
a minimum of one (1) shift for an employee entitled to schedule premium
pay.
_____________________ _____________________
Company Union
12
ARTICLE 6
HOURS OF WORK, OVERTIME AND PREMIUM PAY
I. Hours of Work
A. This Article is intended only to provide a basis for establishing work
schedules and for calculating overtime and shall not be construed as a
guarantee of hours of work per day or per week.
B. For the purposes of this Article, the normal workweek consists of the
seven consecutive days beginning at the following times:
a. For employees on twelve hour shifts: 7:00 a.m. Monday or the
twelve hour shift changing nearest that time.
b. For all other employees, the shift changing nearest to 12:01 a.m.
Monday.
II. Overtime
A. To the extent possible all overtime shall be voluntary.
B. As much notice as possible will be given employees offered or assigned
overtime.
C. Overtime will be offered to the employee with the lowest number of
overtime hours in a section and qualified for the job being filled.
For this purpose, overtime hours shall be measured by accumulative
hours worked and refused in the last calculated period. If the hours
are equal, overtime will be offered to the employee with the most
sectional seniority. If the employee with the lowest number of
overtime hours refuses the overtime it will be offered to the employee
with the next lowest number of overtime hours worked and refused and
so on until the overtime vacancy is filled.
The employees refusing the overtime, as well as the employee accepting
the overtime, will have the amount of overtime hours worked and
refused added to their accumulative amount.
If none of the employees accepts the overtime offered to them the
employee with the least amount of overtime hours will be assigned the
overtime.
D. Overtime shall be managed according to the established procedures
within each section of the Plant. Established sectional procedures
shall conform in all instances with paragraph C above.
_____________________ _____________________
Company Union
13
E. The remedy for unequal distribution of overtime shall be equalization
of overtime.
F. The solicitation and call-in of all overtime shall be the sole
responsibility of Management and no bargaining unit employees shall be
involved in the solicitation and call-in process.
III. Overtime Pay
A. Employees who work in excess of their regularly scheduled workday or
in excess of 40 hours in a payroll week shall receive overtime pay of
one and one half times their Standard Base Wage Rate including shift
differential and schedule premium.
IV. Sixth Consecutive Day
A. Employees who work on a sixth consecutive day shall receive pay of one
and one half times their Standard Base Wage Rate including shift
differential and schedule premium for all hours worked.
V. Seventh Consecutive Day
A. Employees who work on a seventh consecutive day shall receive pay of
two times their Standard Base Wage Rate including shift differential,
plus schedule premium for all hours worked.
VI. Sundays Worked
A. Eight, nine, and ten-hour employees who work on Sunday shall receive
pay of one and one half times their Standard Base Wage Rate for all
hours worked. As of the effective date of this Agreement, twelve-hour
employees shall receive pay of 1.3 times their Standard Base Wage Rate
for hours worked under 40. Effective April 1, 2003, twelve-hour
employees shall receive pay of 1.4 times their Standard Base Wage Rate
for hours worked under 40.
VII. Work Performed on Scheduled Day Off
A. Employees who work on their scheduled day off shall receive pay of one
and one half times their Standard Base Wage Rate for all hours worked
provided the employee actually works all of the scheduled shifts
during the workweek.
_____________________ _____________________
Company Union
14
VIII. Pay At Rate of Assigned Job
A. The calculation of pay pursuant to this Article for employees who work
a higher pay rate job shall be at such higher pay rate.
IX. No Pyramiding
Payment of overtime and/or premium rates will not be duplicated for the
same hours worked, but the higher applicable rates will be used. Hours
compensated at overtime and/or premium rates shall not be counted further
for any purpose in determining overtime and/or premium liability under the
same or any other overtime and/or premium pay provision.
X. Emergency Conditions
In the event of emergency conditions, employees normally asked to work
eight (8) hours will be paid straight time for the first eight (8) hours,
time and one-half will be paid over eight (8) hours up to sixteen (16)
hours, and double-time will be paid for all continuous hours worked past
sixteen (16) hours. Employees normally asked to work twelve (12) hour
shifts will be paid straight time for the first twelve (12) hours, time and
one-half for the next four (4) hours up to sixteen (16) hours, and
double-time will paid for all continuous hours past sixteen (16) hours. For
example, an 8-hour shift employee is needed to stay at work due to the
emergency for a total of forty-eight (48) straight hours. The first eight
(8) hours are at straight time, the next eight (8) hours are at time and
one-half, the last thirty-two (32) hours are at double-time.
Time required by employees to eat and take short naps in order to refresh
so they can get back to work will be paid time. Employees who are not
required to stay at work and were not given substitute work are to go home
if possible. If they prefer to stay for their own convenience, they will
not be paid but may bed down and are free to eat whatever food is
available.
If a team member missed work due to the emergency, he will be allowed
vacation time or Company option. This emergency time missed shall not count
against perfect attendance.
XI. Pay Recipe
A. The parties shall develop a Pay Recipe setting forth in clearly
understandable terms the calculation of wages pursuant to this
Agreement.
_____________________ _____________________
Company Union
15
ARTICLE 7
BREAKS AND MEAL ALLOWANCE
Breaks
A. Employees shall be provided with one break in the first half of their shift
and one break in the second half of their shift.
B. Employees on eight hour shifts shall be provided two ten (10) minute breaks
over the course of their shift.
C. Employees on nine hour shifts shall be provided two ten (10) minute breaks
over the course of their shift.
D. Employees on ten hour shifts shall be provided two fifteen (15) minute
breaks over the course of their shift.
E. Employees on twelve hour shifts shall be provided with two twenty (20)
minute breaks over the course of their shift.
F. Employees shall be provided with one thirty (30) minute meal break per
shift.
Meal Allowance
G. As of the effective date of this Agreement, a cash coupon in the amount of
$4.50 will be provided to employees who are required to perform four (4) or
more hours of work before or after their regular shift. Effective December
1, 2001, the cash coupon shall be in the amount of $5.00.
_____________________ _____________________
Company Union
16
ARTICLE 8
REPORT AND CALL IN TIME
1. An employee who reports for work at his regularly scheduled time without
previous notice not to report shall receive four (4) hours pay at his
Standard Base Wage Rate.
The provisions of section 1 shall not apply in the event of:
(a) A work stoppage, a failure of utilities occur, an Act of God
interferes with providing work;
(b) The employee reports unfit to work;
(c) The employee refuses to accept an assignment;
(d) The Company gives reasonable notice of a change in scheduled reporting
time or that the employee specifically need not report. Actual notice
or a notice broadcast by local radio stations at least one hour before
the scheduled starting time shall be considered reasonable notice.
2. An employee who is called in to work by the Company at any time before or
after but not continuous with his work shift shall be paid the greater of
(i) one and one-half (1 1/2) times his Standard Base Wage Rate for actual
hours worked prior to the start of his regular shift unless the call-in
hours result in premium pay for working sixth and/or seventh consecutive
days, or (ii) a minimum of eight (8) times his Standard Base Wage Rate.
"Continuous with" as used above is not applicable to employees who are
called out, i.e., actually report in at least two (2) hours in advance of
their regular shift.
If no work is available when the employee arrives at work, he will be
guaranteed four (4) hours at his Standard Base Wage Rate. If the employee
works at an upgrade he will receive call-in pay at the upgraded rate.
If the call-in work assignment is at a higher rate of pay, the employee
shall receive the higher rate of pay including shift and schedule premiums
when applicable.
3. An employee will be eligible for the call-in pay provided in section 2
above when he is called in after having left the Plant, provided that less
than twenty-four (24) hours notice is given and less than ninety (90)
minutes elapse from the time the employee is contacted and the time the
employee actually reports unless unusual, extenuating circumstances exist.
_____________________ _____________________
Company Union
17
4. Employees are usually called in for the duration of a specific job or jobs.
The completion of one shift or the start of another shift has no effect on
the call-in. The employee's supervisor shall have the option to decide if
the employee who is called-in will be expected to return for his next
scheduled shift.
5. An employee called out for a specific job may, at the discretion of the
Company, be assigned to perform another job provided the second job is
because of a breakdown.
6. If an employee is called in or otherwise works on one or more of his
scheduled days off resulting in a 6th and 7th day situation the call-in pay
is not applicable. If the number of hours worked on the call-in is less
than eight (8) hours, a minimum of eight (8) times the Standard Base Wage
Rate is guaranteed.
_____________________ _____________________
Company Union
18
ARTICLE 9
VACATIONS
Eligibility
A newly hired employee will not receive any vacation, but will be earning
one (1) day of paid vacation for each full month that he works, up to a maximum
often (10) days to be taken the next calendar year. Computation for vacation is
done on December 31 of each year.
To be eligible for vacation in any calendar year (except for first year
vacation), an employee must (i) be on the payroll through 12/31 of the previous
year, (ii) on 12/31 of the preceding calendar year have one (1) year or more of
continuous service, and (iii) have worked a minimum one thousand (1000) hours
the preceding calendar year. In the alternative, an employee will be entitled to
a vacation with pay during the current calendar year if, at 12/31 of the
preceding year, or at any time while working between 1/l/ and 11/30, inclusive,
of such calendar year, the employee has completed one (1) or more years of
continuous service and has worked 1000 or more hours in the immediately
preceding 365 calendar days.
Employees hired after 12/31/88 will be eligible for the following vacation:
Continuous Year of Service
As of 12/31/88 Vacation Eligibility
-------------------------- --------------------
0 but less than 1 10 days maximum (1 day per each full
month service)
1 but less than 10 10 days (80 hours)
10 but less than 25 15 days (120 hours)
25 and over 20 days (160 hours)
Employees hired between 1/1/83 and 12/31/88 are frozen at the levels listed
below until such time that the vacation eligibility listed above exceeds the
following levels:
Employment Dates Vacation Eligibility
---------------- --------------------
1/1/83 to 12/31/84 18 days (144 hours)
1/1/85 to 12/31/86 15 days (120 hours)
1/1/87 to 12/31/88 12 days (96 hours)
_____________________ _____________________
Company Union
19
Employees hired before 1/1/83 are frozen at the eligibility levels listed
below:
Employment Dates Vacation Eligibility
---------------- --------------------
Prior to 1/1/71 28 days (224 hours)
1/1/71 to 12/31/75 26 days (208 hours)
1/1/76 to 12/31/80 24 days (192 hours)
1/1/81 to 12/31/82 21 days (168 hours)
Employees who have transferred from other Southwire facilities shall retain
any existing vacation entitlements in excess of those set forth above.
Paid absences shall count as time worked for the purpose of determining
vacation eligibility up to a maximum of forty (40) hours weekly. These are:
Work related disability
Vacation
Holidays
Jury and witness duty
Funeral leave
Annual military training, time off for Union business, and Company option
hours will count as time worked for the purpose of determining vacation
eligibility up to a maximum of forty (40) hours weekly.
In addition, a day of vacation will be considered as a day worked for sixth
and seventh day purposes and for calculation of premium pay.
Vacation Pay
Vacation pay will be the greater of:
(i) Employee's current Standard Base Wage Rate times number of vacation
hours; or
(ii) Current year's gross pay (when employee has worked less than 240 hours
this will be the previous year's gross pay) minus the pay received for
time not worked such as vacation, jury and witness duty, and funeral
leave divided by current year's hours worked (previous year's when
less than 240 hours worked) times number of vacation hours.
Pay In Lieu of Vacation
An employee may elect to take pay in lieu of vacation. Pay will be
calculated as above. Vacation pay will be calculated the same whether for time
off or pay in lieu of time off. An employee will be asked to decide during the
vacation-scheduling period whether he will take his vacation days as time off or
pay in lieu of time off.
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Vacation Scheduling
Vacations may be scheduled by the week with a limit of two consecutive
weeks. Scheduling will be by Plant seniority due to availability within a
vacation or work group. Typically, the most senior employee within a work group
will be asked to schedule vacation first at which time the employee will be
allowed to schedule any or all days provided they are scheduled consecutively.
After the most senior employee has been given the opportunity to schedule
vacation the next senior employee shall be given the opportunity to schedule
vacation. After all employees within a work group are given the opportunity to
schedule vacation the most senior employee will be given the opportunity to
schedule any and all of their remaining vacation consecutively or elect to
schedule any remaining vacation at a later date as necessary on a first come
basis provided he gives twenty-four (24) hours notice prior to taking off.
Vacations may be scheduled one day at a time, except that employees with less
than two (2) weeks vacation eligibility may request vacation one day at a time,
subject to the approval of his supervisor and the Human Resources Department.
Yearly vacation cannot be postponed until another year. No more than two
(2) weeks may be scheduled during prime time, i.e. the period between and
including 6/1 and 8/31, the first two (2) weeks in January, and the last two (2)
weeks in December.
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ARTICLE 10
SENIORITY
A. Definition of Seniority
1. Plant Seniority: The Company recognizes Plant seniority as the
employee's length of continuous service from the last date of hire at
the Plant, including service with NSA; for benefit accrual purposes
only, the Company will recognize an employee's existing combined
length of service from the last date of hire with NSA and other
Southwire facilities.
2. Sectional Seniority: The Company recognizes sectional seniority as an
employee's length of continuous service in a particular section since
the last date of entry into that section, including service with NSA.
B. Probationary Period
The first sixty (60) days of actual work shall be deemed a probationary
period and during such probationary period an employee may be laid off or
terminated at the discretion of the Company and will receive no continuous
service credit during such period. Probationary employees continued in the
service of the Company subsequent to the sixtieth (60th) day of actual work
after the first (lst) day worked shall receive full continuous service credit
from the date of first (lst) day worked. If an employee is laid off or
terminated during his probationary period and is rehired within one (1) year
thereafter, the days actually worked prior to such layoff or termination shall
be added to the days actually worked after rehire in determining the completion
of his probationary period.
If, however, such an employee is rehired within two (2) weeks of his last
layoff or termination from employment, his continuous service date will be the
date of hire for his prior employment.
C. Post-Secondary Student Employment
When the Company determines the need for additional employees during the
traditional summer months and Christmas holiday breaks, it shall give hiring
preference to the post-secondary student sons and daughters of Company employees
who are age 18 or over. No student employee shall work past the end of such
breaks. Student employees shall not displace any member of the bargaining unit
or be given preference to bargaining unit work over a bargaining unit member.
The appropriate rate of pay shall be the starting Standard Base Wage Rate set
forth in Appendix A for a bargaining unit member doing the same job. For the
purpose of this Article, time worked as a student employee shall not be
considered as "probationary time" and no seniority accrues for any purpose for
time worked as a student employee. The Company shall assign student employees
with due consideration to the hazards of the jobs to be performed.
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D. Promotions and Transfers
Promotions and transfers shall be awarded to the senior employee with the
ability, qualifications, and the physical fitness to perform the job. Sectional
seniority will be used to fill positions within a section. Plant seniority will
be used to bid from one section to another.
E. Reduction in Forces
A reduction in force is any cutback in the staffing level on a job or in a
section which results in the temporary or permanent displacement of employees
within or between sections which does not cause a layoff. A layoff occurs only
when employees are put out of work because work is not available.
If a reduction in force or a temporary reassignment becomes necessary, it
will be undertaken by sectional seniority in each section as follows:
1. If a reduction in force occurs within a section, the least senior
employee in the job being reduced will displace the least senior
employee in the same job grade or any lower job grades that the
employee's sectional seniority will allow, until the reduction in that
section is complete, provided said employee in the job being reduced
has the ability, qualifications and physical fitness to perform the
lower graded job Exception: When the realignment of a crew size in the
Maintenance Mechanic or Electrician classification results in a
reduction in force, the displaced employee can displace a less senior
employee in any other Maintenance Mechanical or Electrical Maintenance
classification, whichever is applicable.
2. If a reduction in force requires that an employee be displaced out of
his section, the employee with the least amount of sectional seniority
will be displaced regardless of classification. In the event that the
affected classification needs to be staffed, then the resulting
vacancy will be filled through Job Posting procedures.
3. Employees being displaced from a Production section will be placed in
a General Helper classification.
4. If a reduction in force occurs within the Maintenance Department, the
least senior employee in the section being affected will be displaced.
Employees being displaced from a Maintenance section will be placed in
the Services section, provided there is a vacancy in that section. In
the event that there is no vacancy available in the Services section,
the displaced employee has the option of using his Plant seniority to
displace a Production worker, provided he has the ability,
qualifications (following receipt of proper orientation) and physical
fitness to perform the Production job. Employees who are in the
Maintenance Training Program will be displaced in order of least
amount of credited time in the program (by Plant seniority where
credited training time is equal) before classified Maintenance
employees are displaced.
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If an employee is assigned work in a lower-graded job or jobs because
work is not available in his regular job or because of a reduction in
force, such employee will receive the Standard Base Wage Rate of the
job which the employee left for five (5) consecutive scheduled
workdays. After completing five (5) consecutive scheduled workdays on
a lower-graded job or jobs, the employee will receive the rate of that
job.
5. If a reduction in force requires an employee to be placed on layoff
the employee with the least Plant seniority will be placed on layoff,
regardless of classification, provided that the retained employees
have the ability, qualifications, and physical fitness to perform the
remaining jobs.
The Company reserves the right to make an exception to the normal
reduction in force process in jobs identified as critical to the
operation of the Plant.
Employees who were exempted from a sectional reduction in force by
virtue of their job being identified as critical would likewise be
exempt from a corresponding Plant layoff.
6. A senior employee in the job being reduced can volunteer for a layoff.
7. Critical Jobs
In the event of a reduction in force or layoff, it shall be understood
the following jobs shall be considered critical:
a. Boat Operators
b. Rectifier Operators
c. Utility Operators (Water Treatment)
d. Electrical Technician
e. Cell Liner "C" Grade
f Scrubber Operators
g. Heavy Equipment Operators
These employees may be retained in the event of a reduction in force
or layoff
F. Restoration of Forces
An employee who is displaced from his job or section will have "recall
rights" for eighteen (18) months to that job or section, as the case may be,
through the Job Posting procedure. Employees will forfeit such "recall rights"
to the job or section from which they were displaced if:
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- they fail to bid on that job, regardless of shift, when posted;
- they accept a job in another section through the Job Posting
procedure;
- they become otherwise ineligible because of medical restrictions
that cannot be reasonably accommodated as required by the
Americans With Disabilities Act, or terminations;
- their Plant recall has expired.
Production employees on layoff from the Company shall be recalled to the
Plant in order of greatest Plant seniority regardless of classification,
provided the employee has the ability, qualifications, and the physical fitness
to perform the job. Maintenance Department employees reduced from their section
shall be recalled in order of greatest sectional seniority in the classification
being recalled.
G. Temporary Shift Trades
Temporary shift trades may occur as long as:
a. A completed "Request for Shift Trade" form is submitted to the
employee's general supervisor twenty-four (24) hours prior to
either employee working the other's shift;
b. Both employees are in the same job classification;
c. The trade does not cause either employee to work hours in excess
of his regularly scheduled work week;
d. The shift trades occur within the same payroll week, or if in
different payroll weeks the Company does not incur additional
overtime expense;
e. If the trade requires that the employee's work more than the
normal amount of hours in a twenty-four (24) hour period (i.e.
double shift) both employees must agree to sign a waiver for
daily overtime for the extra hours worked during the actual shift
trade and
f. There is no adverse impact on operational requirements.
Employees substituting under the above terms:
a. Are not eligible to receive upgrades unless all other eligible
members of the normal work crew refuse the upgrade.
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b. Will receive the premium available for the shift.
H. Preferential Seniority
In the event of a reduction in force in a department, the Grievance
Committee person may exercise preferential seniority and shall remain in the
affected department in the lowest rated job, provided there are employees in
that department to represent. In the event of a reduction in force in a
department in which the President of the Local Union is assigned, the President
may exercise preferential seniority Plantwide to remain in the lowest rated job
in the Plant.
Preferential Seniority shall not be recognized for any other purpose.
I. Leave of Absence
1. Employees shall request a leave of absence from the Company by
completing the appropriate Company forms.
2. An employee's request of personal leave of absence may be granted at
the discretion of the Company. Such leaves of absence may be granted
for an initial period of up to thirteen (13) weeks and shall be
without pay. An extension of leave shall be requested in the same
manner as outlined in number 1 of the above and must be requested at
least three (3) calendar days prior to the expiration of the original
leave or extension thereof.
3. Employees may request a medical leave of absence. For disabilities of
seven (7) calendar days or more for medical reasons, employees must
request a medical leave of absence. Certification by a physician of
the necessity of the leave and specifying the physical condition which
necessitated it and the estimated length of time needed to be away
from work may be required by the Company.
4. Except as otherwise required by the Federal Family and Medical Leave
Act of 1993 ("FMLA"), a medical leave of absence due to a
non-occupational illness or injury may be granted for a period of
normal recovery time, with options to extend if necessary.
5. When an employee is informed by his physician that he may return to
work with temporary restrictions, the employee must apply to the
Company Medical Department for a restricted work assignment that would
fall within his return to work limitation. This restricted work
assignment procedure has been adopted to expedite the return to work
of employees off from work due to illness or injury. Restricted work
assignments are strictly temporary positions, the length of which is
discretionary with the Company and in no event will exceed two (2)
weeks unless extended by the Company. The availability of such
positions are limited and are not guaranteed.
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For those employees on medical leave, the Company reserves the right
to require said employees to accept such restricted work assignment if
they are unable to perform their regular duties. These employees shall
receive their regular Standard Base Wage Rate plus any applicable
premium pay for any hours worked. Disputes as to the employee's
ability to perform the offered job shall be subject to Third Doctor
Arbitration described in Article 16 D.6.b.
6. Any request for an extension of leave shall be accompanied by a
physician's statement certifying the necessity of the extension and
specifying the physical condition which necessitates the continued
leave and the estimated length of time needed to be away from work.
7. The Company may require a medical examination by the Company's doctor
or a special doctor's report, at the Company's expense, establishing
recovery from the illness or accident to the extent that the employee
is fully able to resume his regular work without risk of further
injury before permitting any person who has been absent because of
such leave to resume his position. Disputes as to the employee's
ability to return to work shall be subject to Third Doctor Arbitration
described in Article 16 D.6.b.
8. In every instance, a "Request for Leave of Absence" form available
from the Human Resources Office must be completed and returned to the
Human Resources Office no later than seven (7) calendar after the
employee's last day of work, or in the case of disability no later
than seven (7) calendar days from the first (1st) day of disability.
9. The Company and the Union affirm their compliance with, and
implementation of, the FMLA. Employees are urged to consult the
required posting as to their FMLA rights.
In addition, the parties agree on the following:
- Each eligible employee may take up to twelve (12) weeks of unpaid
FMLA leave in a 365-day period.
- The Company may require an employee to use up to eighty-four (84)
hours of vacation time as FMLA time beginning with the employee's
first (1st) FMLA request.
- Any medical leave of absence granted under this Article shall run
concurrently with FMLA leave.
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If an employee requests FMLA leave because of his own serious health
condition, or to care for a covered relation with a serious health
condition, he is required to provide medical certification from the
relevant healthcare provider. Failure to provide medical certification
is grounds for denial of leave. The Company may require subsequent
re-certification on a reasonable basis. The Company may, at its
expense, require an examination by a second healthcare provider
designated by the Company. If the second healthcare provider's
opinion, or the opinion of the employee's healthcare provider,
conflicts with the original medical certification, the dispute shall
be resolved by the Third Doctor Arbitration described in Article 16
D.6.b. This healthcare provider shall be a person approved by both the
employee and the Company. The opinion of the third healthcare provider
shall be binding.
While an employee is on approved leave of absence, the Company will
continue the employee's medical, dental, vision, and life insurance
coverage for a period not to exceed twelve (12) months; and the
employee shall pay his appropriate premiums. If employment is
terminated while on leave of absence, eligibility for insurance
benefits ceases. This coverage period begins with the employee's first
(1st) day of approved leave.
For the purpose of this section, "serious health condition" means a
physical or mental condition requiring in-patient care of continuing
treatment by a healthcare provider.
10. Political Leave
An employee appointed to or accepting any elective, full-time paid
Federal, State, County or municipal government office shall, upon
appropriate written notice to the Company, be granted a leave of
absence for the duration of the term of office. Such employee may not
accumulate continuous service in excess of one (1) term of office.
Any employee who shall be granted a leave under this subsection will
be reinstated to such position as his qualifications and accumulated
seniority shall entitle him, provided he shall apply to the Company in
writing within thirty (30) days after the expiration of his term of
office and shall report for work within ten (10) days after his
application is received by the Company.
J. Termination of Seniority
Seniority shall be terminated under this Agreement when:
a. an employee quits for any reason;
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b. an employee is discharged for just cause;
c. an employee is laid off in excess of two (2) years;
d. an employee fails to report to work after recall from layoff
within five (5) calendar days, excluding weekends and
Company-recognized holidays, after receiving notice by certified
mail at the last address furnished to the Company by the
employee;
e. an employee is permanently transferred out of the bargaining
unit;
f. an employee is absent for three (3) consecutive scheduled
workdays without good and satisfactory reason;
g. an employee retires;
h. an employee fails to report to work on the first (lst) day
following expiration of a leave of absence without good and
satisfactory reason and without notice prior to the scheduled
date of return, where such notice is reasonably possible;
i. an employee engages in any other regular employment (other than
the employee's "normal moonlighting" job, of which the Company
was previously aware and provided that its' performance does not
interfere with the employee's return to work) while on leave of
absence without the Company's consent;
j. an employee settles a Workers' Compensation claim for disability
and is no longer able to work;
k. an employee engages in any other regular employment while on
leave of absence for a Workers' Compensation matter or a Sick and
Accident matter, without first obtaining permission from the
Company. A "normal moonlighting" job, of which the Company was
previously aware, shall not be construed as a violation of this
Article, provided that its' performance does not interfere with
the employee's return to work;
l. an employee is on medical leave for a period of two (2) years.
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ARTICLE 11
JOB BIDS AND TRANSFERS
Section 1 After applying, in appropriate cases, Section 2 below, all open
positions shall be posted for bidding. Open positions shall be
posted on Wednesday and taken down the following Monday, unless
Monday is a holiday, in which case they will be taken down the
next recognized workday. Before opening a job for bids
plant-wide, the Company may elect to first post the job only in
the department in which the job is available.
Section 2 When an opening in a particular job occurs, except in the
potlines, employees in the same job in that section shall be
canvassed to determine, by sectional seniority, if they would
like to fill the open position and subsequently created openings
in the same job. Only one such bid (lateral) will be honored per
vacancy.
Section 3 In order to be awarded a bid on a posted job, an employee, in
addition to meeting the criteria of Article 10:
a. must be licensed if any license is required by Federal or
State law or certified if any certification program for that
classification has been established by the Company;
b. must be a regular, full-time employee;
c. must not have accepted then rejected, in the first year of
this Agreement, two (2) job offers within the last 180
calendar days;
d. must not have accepted then rejected, in the remaining years
of this Agreement, one (1) job offer within the last 180
calendar days;
e. must be able to return to work with a full release within
thirty (30) calendar days after selection is made if on
medical leave, unless the new job is within the employees
current department. The thirty (30) day restriction will be
waived for all bids made within a section;
f. has not worked at the posted job before and been
disqualified, unless the circumstances have changed.
Section 4 Employees shall be considered for an open job in the following
order:
a. Other employees presently in the job in the section, except
in the potlines;
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b. Employees previously displaced from the job at Company
request within the past eighteen (18) months who are still
within the section;
c. Other employees in the section with the job opening
including employees presently in the job classification in
the section desiring to change shift configurations when a
lateral bid has already occurred for the original vacancy;
d. Employees previously displaced from the section at Company
request within the past eighteen (18) months;
e. Employees elsewhere in the plant;
f. Probationary employees, with the Company's discretion.
If there is more than one (1) eligible candidate within a
category, employees shall be considered by the pertinent
seniority.
Section 5 In the event the successful bidder declines the job, then the job
will be offered to next most senior qualified bidder without the
necessity of having to rebid the job.
Section 6 Unless mutually agreed, transfer within a section shall occur
within seven (7) calendar days. Circumstances permitting,
transfers between sections shall occur within thirty (30)
calendar days.
Section 7 If an employee successfully bids for a job and cannot perform the
job satisfactorily within thirty (30) assigned working days, he
will be returned to his previous job with no loss of sectional
seniority. If the employee is returned to a former position, the
opening created will be filled from the original bid list.
Section 8 An employee may authorize a designated Union official to submit a
bid on his behalf. In the event the successful bidder is on
vacation at the time of his selection, he shall have authorized a
Union official to notify the Company on his behalf that the job
has been accepted.
Section 9 An employee who bids to another section on a permanent basis
shall lose his previous sectional seniority, and his new
sectional seniority shall begin from the time he is permanently
transferred to his new section.
The Company has the right to add, delete, change or modify
sections.
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If, in so doing, the Company combines sections causing employees
to be permanently transferred, sectional seniority of the
employees transferred to the combined sections shall be
established by merging the seniority lists from each section. If
two employees have the same sectional seniority, the employee
with the most Plant seniority shall be placed in the position of
highest sectional seniority.
If, in so doing, the Company establishes a new section to which
employees will be transferred from only one (1) section, the
employees transferred to that section shall retain their
sectional seniority.
Section 10 An employee who removes himself from the bargaining unit by
accepting a permanent job outside the bargaining unit shall lose
all seniority status in the bargaining unit. An employee who
accepts a temporary job assignment outside the bargaining unit
shall not lose any seniority status in the bargaining unit during
that temporary job assignment. Such temporary job assignment
shall not exceed six (6) months without mutual agreement. This
maximum six (6) month period shall apply to each single temporary
job assignment.
Area Job Bidding (Maintenance Fruit Basket)
Section 1 Maintenance employees shall be allowed to bid for area relocation
and/or a different shift annually. The Company has the right to
change the frequency and duration of the bid for specific areas.
The Company also has the right to change the areas/shifts in the
Maintenance Departments.
Section 2 By utilizing the existing area job bidding process, the
Maintenance employee with the most sectional seniority shall be
awarded his choice of area and/or shift. After the employee with
the most sectional seniority has been awarded his area/shift, the
employee with the next highest sectional seniority shall be
awarded his area/shift and so on until all areas and shifts are
filled. Each Maintenance employee must make a minimum of three
(3) selections with his bid. An employee will be awarded the bid
based on the ranking of his selections and the area/shift
available.
At no time will the area job bidding allow more than 1/2 of the
current crew to leave their area/shift. If more than 1/2 of the
current crew bids to leave their area/shift, bids will be awarded
by sectional seniority within the area/shift. The employees with
the least sectional seniority will remain in the area/shift such
that no more than 1/2 of the area/shift is changed. For Rectifier
Operators and for Electrical Technicians, three (3) years are
required and there shall be a limit of one (1) out per year on
Rectifier Operator and two (2) out per year on Electrical
Technician.
Section 3 Maintenance Mechanics shall be allowed to bid for area relocation
and/or a different shift within the Mechanical Maintenance
Department annually.
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Maintenance area/shifts consist of:
Hydraulic Shop *Fab & Field Shop (days) *Fab Shop (evenings)
*Potlines *Carbon (days) Carbon (nights)
*Unloading Casthouse *Utilities
*Air Control **"A" Shift **"B" Shift
**"C" Shift **"D" Shift
*The low sectional seniority employee in this area is a floater
and can be moved at the discretion of the Company.
**In these areas, the lowest sectional seniority employees are
floaters when their shift is working the day shift.
Section 4 Electricians shall be allowed to bid for area relocation and/or a
different shift within the Electrical Maintenance section
annually.
Electric area/shifts consist of:
Potlines "A" Shift (319) "C" Shift (319)
Rectifier (3 yr. Term) "B" Shift (potlines) "D" Shift (potlines)
"B" Shift (319) "D" Shift (319) Carbon (Midnight)
"C" Shift (potlines) Carbon
319 Shop (days) "A" Shift (potlines)
Electrical Technicians group (3 year term):
253 Shop (Day)
253 Shop (A, B, C, D)
Note: The Electrician in each area with the least sectional
seniority is a floater and can be moved at Company discretion.
Shift electricians are required to maintain Type I and Type II
certification for proper refrigeration practices.
Section 5 Rectifier Operators shall be allowed to bid for different shifts
annually.
Section 6 Machinists shall be allowed to bid for different shifts annually.
(Swing and Day Shift.)
Section 7 Oilers shall be allowed to bid for different areas annually.
Oilers areas consist of:
Casthouse/Air Control Potlines Vacation Relief
Green Carbon Fab Shop (evenings) Potlines
River/Unloading Maintenance (nights)
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Section 8 Maintenance Services (per past practice) shall be allowed to bid
for different shifts annually. (Swing and Day Shift.)
Section 9 Garage Mechanics shall be allowed to bid for different shifts
annually. (Swing and Day Shift.)
Section 10 Air Control Operators shall be allowed to bid for different
shifts annually.
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ARTICLE 12
ADJUSTMENTS OF GRIEVANCES & NO STRIKE NO LOCKOUT
A. Purpose
The purpose of this article is to establish procedures for the processing
and settlement of grievances as defined in subsection (B) of this Article 12.
B. Definition of Grievance
"Grievance" as used in the Agreement limited to a matter which involve
disputes concerning the interpretation or application of, or compliance with,
the provisions of this Agreement. Claims relating to benefits denials, other
than claims relating to benefit denials by the Steelworkers Pension Trust, "the
Trust", and the Steelworkers Health and Welfare Fund, "the Fund", shall be
processed through the grievance procedure. Claims relating to benefit denials by
the Trust and the Fund shall be processed through the applicable ERISA internal
appeal procedure.
C. No Strikes
During the term of this Agreement, neither the Union, its officers, agents,
representatives or members, nor any employee will engage in, authorize,
instigate, aid, condone or ratify any work stoppage, strike, sympathy strike,
slow down or any other impeding of work for any reason. In the event that any
work stoppage, strike, sympathy strike, slowdown, or any other impeding of work
occurs, the Union, within twelve (12) hours of the request of the Company, shall
undertake reasonable steps in an effort to prevent or terminate any such
activity. Any employee or employees who violate the provisions of this section
may be disciplined, up to and including discharge. Any such discipline or
discharge shall be for cause and is subject to the grievance procedure and
arbitration procedure.
D. No Lockout
1. The Company and its officers, agents and representatives will not
during the term of this Agreement engage in any lockout of
employees.
E. Procedures for Grievances
1. Should any grievance arise, there shall be no suspension of work
on account thereof, but xxxxxxx effort shall be made to settle it
promptly in the manner set forth below. Grievances must be
reduced to writing before processing to the Second Step upon
forms furnished by the Union. The procedure shall be as follows:
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FIRST: The oral grievance shall be presented to the
supervisor within three (3) working days after the
occurrence of the matter which is the subject of the
grievance, or after the employee reasonably should have been
aware of the occurrence, whichever is later. Grievances may
be presented to the supervisor during working hours when
such grievances concern matters requiring immediate
resolution. The grievance shall be discussed among the
aggrieved employee, a Union representative, if the employee
so desires, and the supervisor. The supervisor shall either
grant or reject the grievance within three (3) working days
after it has been presented to him.
SECOND: If the dispute is not settled at the first step, a
written grievance may be referred to the employee's
department head within five (5) working days after receipt
of the supervisor's answer. The grievance shall be discussed
among the aggrieved employee, a Union representative, and
the employee's department head or his designee. The
employee's department head shall give a written answer to
the grievance within five (5) working days following such
meeting.
THIRD: If the dispute is not settled at the second step, the
grievance may be appealed within seven (7) working days
after receipt of the written answer of the employee's
department head. Within fourteen days after a grievance is
appealed to the third step, the parties will establish a
date for the third step grievance meeting. The Company shall
designate an employee to be its representative in the third
step. The aggrieved employee, a representative of the Local
Union, the grievance person from the department, and the
International Representative of the Union shall meet with
the Company's representative. The Company's designated
representative shall give a written answer to the grievance
within seven (7) working days following such meeting.
2. If the dispute is not settled at the third step, the grievance
may be appealed to arbitration as provided below, provided notice
of appeal to arbitration is served within thirty (30) calendar
days within receipt of the Company representative's written
answer.
3. Either party may request a reasonable extension of the time
limits referred to in the Article. In the event that either party
fails to undertake an action within the time limits set forth
above, such failure shall not operate as a default, provided such
party, after being notified in writing of such failure,
undertakes the action within seven (7) days of the receipt of
such written notification.
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F. Arbitration
The Company and Union have agreed to a panel of five (5) impartial
arbitrators. Selection of an arbitrator for a particular grievance or grievances
shall be from this five-member panel and in a manner mutually agreed upon by the
parties. Arbitrators selected to serve on such panel may be changed from time to
time by mutual agreement of the Company and the Union.
The Company agrees that it shall not subpoena or call as a witness in
arbitration proceedings any employee from any bargaining unit. The Union agrees
that it shall not subpoena or call as a witness in such proceedings any
non-bargaining unit employee.
The arbitrator shall have jurisdiction and authority only to interpret,
apply or determine compliance with the provisions of this Agreement, memoranda,
supplements, etc., insofar as shall be necessary to the determination of
grievances appealed to the arbitrator. The arbitrator shall not have
jurisdiction or authority to add to, detract from or alter in any way the
provisions of this Agreement, memoranda, supplements, etc. No arbitrator shall
be selected in a discharge case unless he agrees in advance to render a decision
within 45 days of the close of the record.
The expense and salary incident to the services of the arbitrator shall be
shared equally by the Company and the Union.
Briefs shall be submitted in the course of arbitration only if requested by
the Arbitrator or by mutual agreement of the Company and the Union, except in
grievances involving discharge of an employee(s), in which case, either party
may submit a brief without consent of the other.
In the event a transcript is requested by the arbitrator, or the Company
elects to have one, the Company will pay the expense of the court reporter, and
the Union will pay only the cost of their copy of the transcript if they request
one.
Steps 1, 2, and 3, or any of them, may be waived by agreement of the
parties hereto. During each step of the grievance procedure, the Union and the
Company shall disclose the pertinent facts and information relied upon. Copies
of such information or materials shall be made available.
If an employee is given a written discipline, written notice of such
discipline shall be given to the employee. The written notice shall include a
statement of his right to grieve the discipline and to have Union
representation. Records of previous disciplinary action more than one year old
shall be void and not used for any purpose.
In the event an employee dies, the Union may continue to process or
initiate on behalf of his legal heirs any grievance claim filed prior to or
after the death, if such claim would result in a monetary award under any
provision of this Agreement.
_____________________ _____________________
Company Union
37
Any payment required under a grievance settlement or arbitration award
shall be made within 30 days from such settlement or receipt of such award. No
deduction from such payment shall be made for governmental assistance, welfare
or private charity assistance received by the grievant during the period covered
by such payment. Any award of back pay interest at the current prime rate shall
be added to back pay awards decreed by an arbitrator which are not paid within
30 days of the receipt of the arbitration award. Interest will begin to accrue
on the 31st day unless the parties agree to extend that time in order to
assemble the necessary data to compute the back pay award. If it is necessary to
obtain a clarification of the arbitrator's decree in order to determine the
amount of back pay, the thirty-day period will begin to run when the
clarification of the award is received.
G. Expedited Arbitration Procedure
1. The parties agree to the following Rules of Procedure for
expedited arbitration.
2. Panel of Arbitrators
The panel of arbitrators has been established by the headquarter
representatives of each party.
The panel shall be kept current as the need arises, by the
headquarter representatives of the parties.
3. Liaison with Parties
Union Coordinator
Collective Bargaining Services Department
United Steelworkers of America
AFL-CIO-CLC
Five Gateway Center
Xxxxxxxxxx, Xxxxxxxxxxxx 00000
Company Coordinator
Appropriate Company Representative
4. General problems dealing with the Expedited Arbitration Procedure
to be discussed with parties are to be directed to the offices
of:
Xxxxxx X. Xxxxxxx, Staff Representative
United Steelworkers of America
District 8
0000 Xxxxxxx Xxxxx
Xxxxxxxxx, XX 00000
Appropriate Company Representative
_____________________ _____________________
Company Union
38
5. Specific problems relating to specific grievances of hearings
shall be directed to:
Xxxxx Xxxxxxxx, President, Local 9423
United Steelworkers of America
X.X. Xxx 000
Xxxxxxxxx, XX 00000
Appropriate Company Representative
6. Expedited Grievances
Where grievances concerning written warnings and/or disciplinary
suspensions of less than five (5) days and alleged violations of
Article 15 are to be arbitrated, they shall be arbitrated in the
Expedited Arbitration Procedure unless the 3rd Step
representatives of both parties agree to refer such grievance to
regular arbitration through regular procedures.
Any grievance applied to this Expedited Arbitration Procedure
must be confined to issues which do not involve novel problems
and which have limited contractual significance or complexity.
Matters involving discharge or discipline in excess of five (5)
days shall not be handled in expedited arbitration.
7. Hearings
The hearing shall be conducted in accordance with the following:
a. The hearing shall be informal;
b. No briefs shall be filed or transcripts made;
c. There shall be no formal evidence rules;
d. The arbitrator shall have the obligation of assuring that
all necessary facts and considerations are brought before
him by the representatives of the parties. In all respects,
he shall assure that the hearing is a fair one.
e. If the arbitrator or the parties conclude at the hearing
that the issues involved are of such complexity or
significance as to require further consideration by the
parties, the case shall be referred to the third step and it
shall be processed as though appealed on such date.
_____________________ _____________________
Company Union
39
8. Decisions
A. Decisions shall be mailed to the designated parties not later
than 48 hours after the close of the hearing (excluding
Saturdays, Sundays, and holidays). In no case will decisions be
given or sent to only one of the parties. Decisions shall be
mailed to all of the parties at the same time. The decision shall
be based on the record developed by the parties before and at the
hearing and shall include a brief written explanation of the
basis for their conclusion.
Decisions will not be cited as a precedent in any discussion
of grievances or at any step of the grievance procedure or
in subsequent arbitration.
The authority of the arbitrator shall be the same as those
provided in Section F of this Article.
The decisions in expedited arbitration shall be consistent
with the decisions issued by impartial Arbitrators through
the regular arbitration procedure.
9. Fees to Arbitrator for Services and Expenses
A. The arbitrator shall be paid on the basis of per hearing day
which shall also include his written decision on cases heard
in such hearing day.
A normal hearing day shall be from 9:30 a.m. to 12:30 p.m.
and 1:30 p.m. to 4:30 p.m.
B. The expense and salary incident to the services of the
arbitrator shall be shared equally by the Company and the
Union.
H. Grievance Committee and Stewards
Section 1. There shall be a Grievance Committee which shall
consist of:
a. The Union President as Chairman
b. The Union Vice President as Co-Chairman
c. One potline employee
d. One casting employee
e. One carbon plant employee
f. One maintenance employee
_____________________ _____________________
Company Union
40
Section 2. The Union will appoint one shop xxxxxxx
and one alternate per shift from and for
each of the following areas:
shift maintenance
casting
rodding
potlines
carbon plants
river/cell lining
The Union will appoint one shop xxxxxxx
and one alternate from and for each of
the following areas:
electrical
general maintenance
maintenance
Section 3. The Union will provide the Company with
a written list of all Grievance
Committee members, stewards and
alternates and will provide the Company
with timely written notice of any
changes.
Section 4. If there is a significant change in the
number of employees in any area, the
Company and the Union have the right to
renegotiate the number of stewards and
the areas in which they will be
selected.
Section 5. Union stewards and Grievance Committee
members shall not handle any grievances
outside of their respective area unless
the appropriate xxxxxxx or Grievance
Committee member is not available.
_____________________ _____________________
Company Union
41
ARTICLE 13
DISCHARGE CASES AND DISCIPLINE
In the exercise of its rights under Article 14, the Company agrees that no
employee shall be peremptorily discharged from and after the date hereof, and in
all instances in which the Company may conclude that an employee's conduct
justifies discharge, he first shall be suspended. Such suspension, shall be for
not more than five (5) calendar days. During this period of initial suspension,
the employee if he believes that he has been unjustly dealt with, shall request
a hearing and a statement of the offense before the department head or his
designated representative, with his grievance representative and/or Chairman of
the Grievance Committee present. At such hearing the facts concerning the case
shall be made available to both parties. After such hearing the Company may
conclude whether the suspension shall be converted into discharge, or, dependent
upon the facts of the case, that such suspension be affirmed, extended, or
revoked. If the suspension is revoked, the employee shall be returned to
employment and receive full compensation for earnings lost, but in the event a
disposition shall result in the affirmation or extension of the suspension or
discharge of the employee, the employee may within five (5) calendar days file a
grievance in Step 2, which shall be deemed to have been appealed to Step 3 of
the grievance procedure under Section C of Article 12 and the Step 3 meeting
shall be held and a decision made within five (5) calendar days from the date of
filing of such grievance. Should it be determined by the Company, or by an
arbitrator in accordance with Step 4 of the grievance procedure that the
employee has been discharged or suspended without just cause, the Company shall
reinstate the employee and pay full compensation for earnings lost.
Notwithstanding the foregoing, the Company and the Union may agree to a
compromise settlement of a discharge case in the event it is shown that the
employee was partially at fault, or an arbitrator may in such a case modify the
disciplinary action.
Suspension
In recognition of the desirability of Union representation for an employee
being suspended, the Company will provide representation by first contacting the
department Grievance Committeeman or in the department Grievance Committeeman's
absence, a Union official so designated by the Union. Such contact will take
place prior to the suspended employee leaving the Plant, although both parties
accept the fact that the above procedure is not always possible.
The Company will provide the employee being suspended prior to the
employee's leaving the Plant, written notification of the suspension and the
reasons therefor.
Disciplinary suspensions shall not commence during an employee's shift
unless, in the opinion of the Company, the immediate suspension of the employee
is in the best interests of safety or good order. No such suspension shall be
issued until a Union representative has first been notified.
_____________________ _____________________
Company Union
42
With respect to the matter of escorting suspended employees out of the
Plant by members of Plant Protection, the Company will provide such services
only in those instances where it anticipates undesirable reactions.
The sole intent and purpose of this section is to provide an employee with
proper knowledge and representation, and nothing contained herein is designed to
change or delete any of the provisions of the Agreement.
Justice and Dignity on the Job
Disciplinary suspensions of five (5) days or less for absenteeism or
tardiness shall be administrative in nature and shall not result in the affected
employee being removed from active work without pay prior to a final
determination of the merits of the suspension in accordance with the Agreement.
Disciplinary action of this nature will become a part of the employee's
personnel record and may be considered when determining future disciplinary
action for the employee. The parties agree that the administrative nature of
this discipline does not minimize the impact of the disciplinary action or the
need for correction of employee conduct. It shall be no defense or excuse in any
future disciplinary action for the affected employee or the Union to maintain in
any arbitration proceeding that he did not understand the severity of any
discipline issued hereunder.
In recognition of the difficulties imposed upon the Company through failure
of employees to comply with working schedules, an employee reporting late for,
or absenting himself from work without just cause, may be disciplined by the
Company, subject to the provisions of this Agreement. Any such discipline shall
be issued to the employee within fourteen (14) calendar days, excluding vacation
days or other scheduled days on which the employee is absent, unless otherwise
agreed locally. Employees shall, wherever possible, give prior notice to the
Company whenever they either report late or absent themselves from work.
_____________________ _____________________
Company Union
43
ARTICLE 14
MANAGEMENT RIGHTS
The Company reserves and retains, solely and exclusively, all of its
inherent rights to manage the business and the Plant, provided this will not be
used for purposes of discrimination against any employee for Union activity. The
right to manage the business and the Plant, and to direct the working forces
include: the right to hire, assign, suspend or discharge for just cause; to
transfer; to determine the complement of employees needed or assigned to perform
any particular function, in the exercise of which right the Company shall first
meet with the Union and bargain concerning any proposed change and may implement
after reaching impasse; to relieve employees from duty because of lack of work
or for other legitimate reasons; to make and enforce reasonable rules for the
maintenance of discipline; and to take such measures as Management may determine
to be necessary for the orderly, safe and efficient conduct of the business. In
exercising its rights under this Article, the Company shall observe the terms of
this Agreement.
_____________________ _____________________
Company Union
44
ARTICLE 15
SUPERVISORS
Supervisors shall not perform work on a job normally performed by an employee in
the Bargaining Unit; provided, however, this provision shall not be construed to
prohibit supervisors from performing the following types of work:
(a) experimental, development, and other research work;
(b) demonstration work performed for the purpose of instructing and training
employees;
(c) work required by emergency conditions which are unforeseen circumstances
that call for immediate action to prevent injury to personnel, damage to
equipment, or loss of material; and
(d) work which is negligible in amount, and which also, under the circumstances
then existing, it would be unreasonable to assign to a Bargaining Unit
employee.
Work which is incidental to supervisory duties on a job normally performed by a
supervisor, even though similar to duties found in jobs in the Bargaining Unit,
shall not be affected by this provision.
For the purposes of this Article, the term "supervisor" shall include other
non-bargaining unit employees of the Company.
During the first sixty (60) days of this Agreement, no grievances will be filed
concerning any alleged violation of this Article. However, during this period,
the parties will endeavor to evaluate the extent to which non-bargaining
employees of the Company are normally performing tasks which may constitute
bargaining unit work and will endeavor to resolve any such concerns as well as
any concerns which arise regarding any alleged violations of this Article.
Dual Supervision
It is recognized by the parties that circumstances wherein employees receive
conflicting orders should not exist. It is mutually agreed that an employee is
obligated to take orders from one supervisor at a time and will not be held
responsible for contradictory orders because of dual or multiple action in the
direction of the working force by the management. The employee will be held
responsible for only the last order received. Therefore, supervision will make
every effort to cooperate toward the end result of minimizing conflicting
instructions and will contact the supervisor who issued the prior orders if at
all possible in order to minimize this problem.
The Company shall be responsible for notifying employees of any and all changes
in supervision, which includes initial assignment or any assignment during the
shift.
_____________________ _____________________
Company Union
45
ARTICLE 16
SAFETY AND HEALTH
I. SAFETY AND HEALTH PROCEDURES
The Company and the Union will continue to cooperate toward eliminating
safety and health hazards and will continue to encourage employees to use the
procedures stated herein in reaching this objective.
The Company, in accordance with applicable Federal and State laws shall
furnish to each employee, employment free from recognized hazards that are
causing or are likely to cause death or serious physical harm. Further, the
Company shall comply with Occupational Safety and health Standards promulgated
under any such laws. All employees will be required to perform their jobs in the
safest manner prescribed, encouraged to report workplace hazards, make
suggestions for their control and cooperate toward the over all success of the
safety program. Hazards will be corrected as soon as practical. Employees also
recognize their responsibility to perform their duties in a safe manner.
It is intended that the International Union, Local Unions, Union safety
committees and its officers, employees, and agents shall not be liable for any
work-connected injuries, disabilities, or diseases which may be incurred by
employees. In this Article, the Union through its various representatives,
committees, officers, employees, and agents has been accorded participation
relating to employee safety and health; however, it is not the intention of the
parties that these provisions shall in any way diminish the Company's exclusive
responsibility.
Further, it is clearly understood by the parties that this Article shall
not be used for the purposes of concerted activity or to avoid unpleasant
working conditions inherent in any particular operation, and nothing contained
in this Article shall abridge the rights of the Company under Articles 12 and 14
of this Agreement.
A joint safety and health committee to consist of seven (7) Local Union
members chosen by the Local Union President and such Company members as are
designated by the Company will function at the plant, meet monthly, and shall
concern itself with the items outlined below:
1. The Company and the Union representatives of the Committee shall
cooperate and work together in considering the practices and rules
relating to safety and health.
2. Suggest appropriate changes to existing practices and rules and
recommend adopting of such changes.
3. Review and develop data which will be useful in identifying accident
sources and injury trends and which identify health hazards.
_____________________ _____________________
Company Union
46
4. A Company member of the committee shall maintain minutes of its
activities. Minutes will be mailed to the Union Safety Chairman within
fifteen (15) days of the meeting. Amendment to the minutes must be
provided to the Company Co-chairman in writing within five (5) working
days upon receipt of draft, otherwise, minutes will be published as
written.
Each party shall designate a co-chairman. It shall be the joint
responsibility of the committee-cochairmen or their designees to:
1. Investigate accidents and safety and health hazards, whether they
result in injury or not, excluding first-aid cases. The Co-chairmen
shall develop guidelines for investigating such incidents. The results
of such investigations will be reported in writing at the next full
committee meeting.
2. Jointly inspect work areas they deem appropriate for inspection and
report the results of such monthly inspection to the full committee at
its next meeting.
3. Accompany State and/or Federal Safety and health and Environmental
officials who are on the Plant site to investigate employee complaints
relating to employee safety and health.
At every third monthly meeting the committee shall review its activities
conducted during the previous period. The International Union staff
representative servicing the location may attend and participate in this
meeting.
The Company shall provide protective devices, wearing apparel (excluding
safety shoes) and other equipment that is necessarily and customarily provided
in the industry to protect employees from industrial illness and/or injury.
Employees shall utilize such protective equipment and apparel when necessary to
prevent industrial illness and/or injury. The Management and Local Union
Co-chairmen of the Joint Safety and health Committee shall confer and resolve
any safety and health problems associated with personal apparel provided by the
Company. The Company will continue to maintain adequate first-aid coverage and
other medical services.
On July 1 of each year of the Agreement, each employee who on that date has
one year of continuous service shall receive an allowance of $90.00 to purchase
safety shoes for his wear at the Plant. This allowance will not be subject to
tax as long as permitted by the Internal Revenue Service and State laws.
The Joint Health and Safety Committee will be provided Company personnel
contacts for both environmentally and industrial hygiene matters which may be
used as a technical and advisory resource in the area of ventilation,
temperature control, fumes, smoke, toxic substances, flammable materials,
chemicals, solvents, and compounds.
_____________________ _____________________
Company Union
47
Specifically, these environmental and industrial hygiene contacts are
available to the Joint Safety and Health Committee in matters pertaining to
acceptable health levels and techniques of monitoring environmental control. It
is also expected that the Committee will have occasion to communicate with
individual employees and groups of employees concerning implementation of
applicable safety and health laws and standards. Any unresolved issues under
this Article may be entered at the third step of the grievance procedure.
A. An employee who believes that there exists an unsafe condition beyond the
normal hazards inherent in the operation, which involves an immediate
danger of injury to his person, may request an immediate meeting with his
supervisor. The supervisor shall investigate to determine whether or not
such conditions do exist.
1. If the supervisor determines that such imminently hazardous conditions
do not exist and the employee still believes that such conditions do
exist, the matters shall be reduced to writing by the employee on
forms provided by the Company and the employee may then request that
the Company Safety Engineer and the Chairman of the Union Safety
Committee, or their designated representatives, confer immediately on
the subject. The employee will then be assigned other work in his
classification or another classification as appropriate, or substitute
work if available. Upon conferring the parties must first decide if an
immediate danger of physical injury exists. If the parties agree that
no such danger of immediate physical injury exists, the employee shall
perform the work.
2. If upon conferring the Safety Engineer and the Chairman of the Union
Safety Committee cannot agree if an immediate danger of physical
injury exists, the work shall be performed by the employee. If the
employee believes that there still exists an immediate danger of
physical injury to his person, he will be assigned other work in his
classification or offered work in another classification as
appropriate, substitute work, if available, or he will be sent home.
Nothing contained in this Article shall preclude the Company from
assigning another employee to the job in question after he is advised
by supervision that an unsafe condition has been alleged. No employee,
other than communicating the facts relating to the safety of the job,
shall take any steps to prevent the assigned employee from working on
the job.
3. If the Company Safety Engineer and the Chairman of the Union Safety
Committee are in dispute, the matter shall be submitted immediately to
the Company Safety Director and Headquarters Representative of the
International Union's Health, Safety and Environment Department, who
if they cannot resolve the dispute, shall immediately submit the
matter to an arbitrator who has been agreed upon in advance, whose
decision shall be final and binding, and whose expenses, if any, shall
be shared equally by the Company and the Union. While the case is
awaiting decision, the work in question may be performed by
supervisors or outside contractors.
_____________________ _____________________
Company Union
48
4. In all cases under the above procedure the disposition of the
complaint shall be reduced to writing on the forms provided for that
purpose.
If the employee is sent home and it is later decided in accordance
with the above procedure that such conditions did not exist, the
Company may exercise its rights under Articles 12, 13 and 14 of the
Agreement. If, on the other hand, the employee is sent home and it is
later decided in accordance with the above procedure that such
conditions did exist, the employee shall be entitled to recover the
pay for the lost time.
In providing the procedures outlined above, the parties agree to guard
against the misapplication of this procedure by those seeking to use it for
purposes not related to safety or health and/or by the misapplication of
the immediate danger provisions described above. It is, therefore, the
continuing responsibility of all employees, as well as all Company and
Union representatives, to make certain that the provisions of this Article
16A are applied solely for, and in the manner intended herein. If the
Company believes that this Article 16A procedure is being abused under this
Agreement, use of this section may be suspended until the Designated
Company and Union Officials have an opportunity to review such abuse and
take necessary corrective action. Such suspension of this Section shall not
be implemented during the processing of a grievance as provided in this
Article 16A.
B. An employee alleging an unsafe working condition beyond the hazards
inherent in this particular operation, which does not pose an
immediate danger of injury to his person, should file a grievance in
Step 2 of the grievance procedure rather than use the 16A procedure
above. It is understood and agreed that if the grievance is filed on
an unsafe working condition, such grievance shall receive preferred
handling and shall be expedited through the grievance procedure. The
Department Head shall meet with the Chairman of the Local Union Safety
Committee in Step 2 and if they cannot resolve the issue, it will be
appealed to the Company Safety Director, and the Chairman of the Local
Union Safety Committee.
C. A reasonable number of Union members of the Joint Safety and Health
Committee shall have access to all places in or about the Plant or
property of the Company at reasonable times to investigate safety and
health conditions, provided reasonable notice has been given to the
department head to be visited or his designated representative. Each
such Union member of the Joint Safety and Health Committee shall upon
reasonable notice to this immediate supervisor, be afforded such time
off without pay as may be required for the purposes of making such
inspections and performing other duties provided for in this Article.
The Director of the International Union Safety, Health and Environment
Department, or his designee, may arrange to make a Plant visitation by
making arrangements with the Union Chairman of the Negotiating
Committee who may contact the Company Chairman of the Negotiating
Committee.
_____________________ _____________________
Company Union
49
D. When an employee is temporarily reassigned from his job because of a
Company medical determination establishing that exposure to a toxic
substance involved in such job has adversely and temporarily affected
his health, he shall retain his regular rate of pay for a period of
not more than sixty (60) calendar days while working on any other
Company assigned job. The local parties may mutually agree to an
extension of the rate retention period.
Safety Equipment
1. Safety Shoe Purchase:
The Company shall maintain an inventory of a single style of safety shoes
for employee purchase in the event of an emergency.
2. Gloves:
The Company will make available adequate gloves or hand protection under
the same conditions as in the past.
The Company will make the determination as to what type of gloves or hand
protection will be made available in each department and/or in a specific
job with consultation of the appropriate members of the Joint Safety and
Health Committee.
It is understood that the employee shall be required in turn in the worn
out or unusable gloves or hand protection before a replacement in kind will
be issued.
3. Prescription Safety Glasses:
a. The employee will be responsible for the cost of all prescriptions
(including professional fees) for safety glasses. The Company shall
pay the dispensing fee, including the cost of fittings.
b. The cost of the original pair will be paid by the Company as well as
the cost of replacement of prescription lenses when required by
changes in vision. The cost incurred for replacement of lenses due to
vision change will be paid not more frequently than once every year.
c. Replacement of safety glasses will be made without cost when damage
occurs within the course of employment. When damage or loss occurs due
to employee negligence, replacement cannot be covered, and the total
cost of replacement will be charged to the employee.
_____________________ _____________________
Company Union
50
d. Certification of how damage occurred, signed by the employee's
supervisor, must be presented along with the damaged glasses at the
time replacement is requested.
e. The cost of replacement of prescription lenses when required by
changes in vision will be split 50-50 between the employee and the
Company, when the vision change is more frequent than once per year.
f. When employees place an order through the Company for replacement
safety glasses and are required to wear personal glasses while
awaiting delivery of the replacement safety glasses, and such
replacement takes over six (6) weeks from the date of order, the
Company will be responsible for any damage to the employee's personal
glasses occurring after the six (6) weeks' date.
4. Damaged or Destroyed Clothing:
The practice to be followed for the replacement of an employee's clothing,
damaged or destroyed due to unusual circumstances occurring during the
performance of the employee's job, has been, and will continue to be, that
each case will be judged on its own merits.
5. Outside Wearing Apparel:
The Company recognizes that during inclement weather any employee who is
not normally required to work outside will be furnished with proper
rainwear to protect the employee from the elements.
First-aid Visits:
1. When an employee receives an industrial injury or becomes ill which, in the
opinion of the Company Medical Department, needs the immediate attention of
a physician and there is no physician available in the Medical Department
at the time, the Company will continue to assume the responsibility to
transport the employee immediately to a hospital or a physician, whichever
is necessary.
2. The Company Medical Department will schedule employees for re-dressings and
re-examinations in cases of industrial injuries on their regularly
scheduled shifts. It is understood, however, that employees so injured may
elect to receive such treatment on their own time other than their
regularly scheduled shift.
_____________________ _____________________
Company Union
51
3. From time to time, the Company's Medical Department will advise employees
that they should be examined or receive further treatment during their
regular days off. It is understood that as this situation occurs, the
employees may elect to receive such treatment on their own time at the
Company's Medical Department or from their personal physician. It is
further understood that the cost of treatment by the employee's personal
physician will not be paid for directly by the Company.
4. When employees are required to have a medical release for work, they may
present a release from their personal physician for approval by the
Company's Medical Department. It is agreed that the purpose of this
understanding is to expedite the employee's return to work when a
professional physician is not available in the Company's Medical
Department. It is understood that the Company's Medical Department will
evaluate the employee's physical and mental fitness when and as necessary.
5. Unless unusual circumstances regarding an employee's physical condition are
evident, the Company's Medical Department will make every reasonable effort
when a Company physician is not present in the Medical Department, to give
the employee a temporary clearance for work with the understanding that the
employee may be required to report to the Medical Department as scheduled
to obtain final clearance from the Company physician.
6. Medical Clearance:
a. Return to Work:
Normally, when a Company doctor is not available to examine an
employee prior to his return to work, the employee will be
provisionally permitted to return to work, pending subsequent
clearance by the Company's doctor, upon presentation of a statement
from his personal doctor certifying his fitness to do so. However, in
those cases where the nature of the illness or injury is such that the
Company requires clearance by the Company doctor, such will be
necessary prior to return to work.
b. Third Doctor Arbitration:
If any difference shall arise between the Company and the Union as to
the employee's ability to return to work, such difference shall be
resolved by filing a grievance, which shall be deemed waived by the
parties to Step 3. Differences remaining thereafter shall be submitted
to a special arbitrator whose decision shall be final and binding on
all parties. The arbitrator shall be a physician mutually agreed upon
between the Company doctor and a doctor appointed by the Union. It is
understood that it is the prerogative of the Company or the Union to
have their respective physicians present to assist in the presentment
of their opinions and the facts in resolving the dispute. The fees and
expenses of the physicians selected by the Company and the Union shall
be borne by the party appointing such physician, and the fees and
expenses of the third physician, the arbitrator, shall be shared
equally by the Company and the Union.
_____________________ _____________________
Company Union
52
7. Medical Monitoring
The Company and the Union will undertake to initiate a program to ensure
proper and necessary medical monitoring of employee health where there may
occur a health problem that affects a group of employees. The Company
intends to actively pursue such a program on a continuing basis and expects
the cooperation of our employees and the Union in such program.
8. It is further understood that when employees are absent for other than
nominal periods of time, they will keep the Company Medical Department
advised in advance of their intended time of return, the name of their
attending physician, and the reason for absence and any conditions of their
return.
The Company may make reasonable inquiry regarding the status of an
employee's medical condition as it relates to the employee's fitness and
timing to return to work. Such inquiry may be made directly to the
employee's treating health care professionals and/or the Company may
require the employee to be examined by the Company Doctor at the Company's
expense so that such an assessment may be made.
9. When an employee reports to the Company's Medical Department during day
shift with a return to work slip from his personal physician authorizing
return to full employment, and is held in the Medical Department as a
result of the Company requiring the employee to see the Company doctor, and
subsequently returns to work on that same shift, the Company will reimburse
the employee for the time on that shift which the Company caused the
employee to miss as a result of his being in the Medical Department. The
employee should report to the Medical Department sufficiently in advance of
the start of the day shift so as to permit examination by the Company
Doctor prior to the shift starting time under ordinary circumstances.
INTERPRETATIONS, LETTERS, AND MEMORANDA
1. Safety and Health Matters
a. Medical Records:
Employee medical records files shall be maintained under the control
of the Medical Department or a licensed physician, under conditions of
confidentiality appropriate to ethical medical practice. An employee's
medical record file shall not be released to any individual without
the informed written consent of the employee, except where legally
required.
_____________________ _____________________
Company Union
53
The Medical Department may provide medical opinions, prognoses, or
recommendations to the Company or to the Union, without the consent of
the employee, where such information does not contain specific
diagnoses or details, and where such information is necessary to the
Company as the employer or the Union as the employee representative.
Whenever the Company physician detects a medical condition, which in
his judgment requires further medical attention, the Company physician
shall advise the employee of such condition or to consult with his
personal physician.
b. Sampling
The Company will continue its program of periodic in-Plant air
sampling, heat stress and temperature testing, and noise testing under
the direction of qualified personnel. Where the Union Co-Chairman of
the Joint Safety and Health Committee reasonably believes there is a
significant on-the-job health hazard due to in-Plant air pollution or
noise, the Company will make appropriate tests and investigations that
are reasonable and necessary and will notify the Union Co-Chairman of
the Joint Safety and Health Committee when such a test is to take
place.
Upon request, the Union Co-Chairman or designee may be present to
observe the sampling or testing activities. A report based on such
tests and investigations will be given to the Union Co-Chairman. A
copy of the underlying sampling and testing results will also be
provided to the Union Co-Chairman.
The Company will endeavor to enlist volunteers for its sampling
programs. However, if sufficient numbers of volunteers are not
available, the Company may require employees to utilize sampling
devices.
c. Toxic Materials
Where the Company uses materials at levels considered to be toxic
under normal conditions of use, or where employees might be exposed to
unusual concentrations of toxic materials through accident, it shall
inform the affected employees what hazards, if any, are involved, and
what precautions shall be taken to insure the safety and health of the
employees. Upon the written request of the Union Co-Chairman of the
Joint Safety and Health Committee, the Company shall provide, in
writing, requested information from material safety data sheets, or
their equivalent, if they are available to the Company on toxic
substances to which employees are exposed in the work place; provided
that when the information is considered proprietary, the Company shall
so advise the Union Co-Chairman, and provide sufficient information
for the Union to make further inquiry.
_____________________ _____________________
Company Union
54
d. Safety and Health Training
The Company recognizes the special need to provide appropriate safety
and health training to all employees. The Company presently has safety
and health training that provides either the training described below
or the basis for such training as it relates to the needs of the
Company.
Departments with continuous operations may schedule safety and
company-related meetings before or after shifts upon 48 hours notice
with pay for actual time spent in such meetings.
Training programs shall recognize that there are different needs for
safety and health training for newly hired employees, employees who
are transferred or assigned to a new job and employees who require
periodic retraining.
(1) Training of Newly Hired Employees
Newly hired employees shall receive training in the general
recognition of safety and health hazards, the applicable
Agreement provisions, and the purpose and function of the
Company's Safety and Medical Departments, the Local Union Safety
Committee and the International Union Safety, Health and
Environment Department. In addition, upon initial assignment to
their duties, they shall receive necessary training on the nature
of the operation or process, the safety and health hazards of
their duties, safe working procedures, the purpose, use, and
limitations of personal protective equipment required, and other
controls or precautions associated with their duties.
(2) Training Review
The necessary training of employees shall be directed to the
hazards of the duties to which they are assigned. Such training
shall include hazard recognition, safe working procedures,
purpose, use, and limitations of special personal protective
equipment required and any other appropriate specialized
instruction.
The Union Co-Chairman of the Joint Safety and Health Committee
and the International Union Safety, Health and Environment
Department or a designee shall, upon request, be afforded the
opportunity to review the training program for all employees at
the Plant level.
_____________________ _____________________
Company Union
55
(3) Retraining
As required by an employee's duties and assignment area, periodic
retraining as necessary shall be given on safe working
procedures, (hazard recognition, and other necessary procedures)
and precautions.
e. PCB Control Program
The Company, as required by law, shall continue its control program
for handling and disposing of oils containing polychlorinated
biphenyls (PCB's).
f. Confidentiality
Information provided pursuant to this Article shall not otherwise be
divulged, released, or used for any other purpose without the written
consent of the Company Co-Chairman of the Joint Safety and Health
Committee.
II. ALCOHOL AND DRUG ABUSE POLICY
A. INTENT
1. The intent of this policy is to assist in maintaining a work
environment for employees free from alcohol and drug abuse. Therefore,
employees are:
a) required to report for work and conduct duties free from the
influence of alcohol or other drugs; and,
b) not permitted to use, possess, manufacture, sell, purchase,
transfer or otherwise distribute alcohol or drugs on Company
premises or while on Company time.
2. While it is recognized that alcohol and drug dependency may contribute
to impaired work performance and costs to the Company and its
employees in many ways, it is also recognized that such dependency may
be an illness and treatable condition.
Therefore, this policy is further intended to encourage the
identification and referral of affected employees to appropriate
treatment on a strictly confidential basis.
_____________________ _____________________
Company Union
56
Employees in need of help shall be made aware of and encouraged to
participate in the Company Employee Assistance Program (EAP).
This program shall receive full commitment and support from the
Company, the Union and all employees. There shall be no retribution or
special privileges as a result of employee EAP participation.
B. PURPOSE
1. It is recognized that the Company's greatest asset is its workforce.
As in any prudent business, its present and future prosperity depends
on its people. It is also recognized that each employee has the
personal potential and capacity, through acceptable job performance,
to contribute to the overall prosperity of the operation. However, as
in any community, there are certain outside factors which can
adversely affect an individual's ability to make a full contribution.
Therefore, a purpose of this program is to encourage an environment in
which employees can freely seek assistance and support to minimize or
overcome such outside factors that diminish the ability to contribute
to the operation through acceptable job performance.
2. In belief that all employees are valued, a sincere effort shall be
made to assist substance or otherwise troubled employees, when
reasonably possible. Also believed is that this given investment in
employee assistance may significantly improve the job performance and
well being of all employees.
3. The selected EAP provider shall be available to diagnose, counsel
and/or refer troubled employees to appropriate treatment or other
needed assistance.
4. The parties shall jointly advertise the EAP program and encourage its
use by employees.
C. SCOPE
The scope of this Policy shall apply to all employees and provide for any
substance or otherwise troubled employee to freely seek assistance under
the EAP to maintain the desired status of a healthy and productive worker.
However, it is also understood that under certain circumstances it may
become necessary for certain employees to be directed, as a condition of
continued employment, to seek and maintain such assistance.
_____________________ _____________________
Company Union
57
D. TEST PROCEDURES
In commitment and pursuit of the objective to provide all employees with a
workplace free from the influence of alcohol and other drugs, the following test
procedures and related understandings for all employees are established.
1. Definition: As used herein, aside from the term alcohol, a drug is any
of the substances defined in the Federal Government List of Drugs and
Harmful Substances applied by the Bureau of Narcotics and Dangerous
Drugs.
2. Prescribed and Over-The-Counter Drugs: Except as provided below, the
use or being under the influence of any legally obtained controlled
substance by an employee on Company premises or while on Company time
is prohibited to the extent such use or influence may affect the
safety of employees, customers or members of the public; the
employee's job performance; or the safe and efficient operation of the
Company's facilities. An employee may continue to work, even though
under the influence of a legal controlled substance, if the Company
has determined that the employee does not pose a threat to his or her
own safety, the safety of co-workers, or the safety of customers or
the general public, and the employee's job performance is not
significantly affected by the legal drug. Otherwise, the employee may
be required to take a medical leave of absence or comply with other
appropriate action as determined by the Company.
If the use of an over-the-counter or prescribed medication could
affect an employee's ability to perform work safety, the employee
shall notify the Medical Department. As to the use of prescribed or
over-the-counter drugs that may affect job performance, questions
pertaining to same shall be referred to the Company's Medical
Department where any determination regarding an employee's
continuation of duties, temporary reassignment or temporary relief
from duties shall be made by accredited medical personnel.
3. Alcohol Test: Alcohol testing shall be conducted initially with a
saliva test and then by an accredited operator using maintained and
calibrated breathalyzer equipment, or by blood-alcohol test. An
alcohol concentration equaling or exceeding the limit established by
the United States Department of Transportation (for over-the-road
drivers) or the equivalent standard under State law for violation of
driving a motor vehicle while "under the influence" of alcohol,
whichever is less, shall be considered "positive" for purposes of this
Policy.
4. Drug and Alcohol Testing: The Company shall not randomly test for
drugs or alcohol. In addition to any test required by Federal or State
law, the Company retains the right to require an employee to submit to
unannounced urinalysis, breathalyzer test, blood alcohol test, or
physical examination under the following circumstances:
_____________________ _____________________
Company Union
58
a. Pre-employment (to the extent permitted by law).
b. As required by Federal and/or State Department of Transportation
(DOT) regulations.
c. Upon physical examination following sickness, layoff or other
leave exceeding ninety (90) days.
d. Following a prior positive alcohol or drug test.
e. For "reasonable suspicion" based upon observation and good faith
belief that an employee is under the influence of drugs or
alcohol; such belief may be based upon but not limited to the
smell of alcohol, slurred speech, staggering gait, or other
abnormal physical or psychological behavior typically associated
with drug and alcohol intoxication or impairment, as well as
other non-typical individual behavior and a pattern of
absences/latenesses.
f. Upon involvement in an accident on Company premises or while on
Company time.
5. All test results/findings shall be reported back "in confidence" and
directed only to those Company and Union representatives having a
need-to-know.
6. When a urine specimen is required under this Policy, the employee will
be allowed to submit the specimen in the privacy of a controlled
environment.
7. A split-sample of each urine specimen submitted shall be retained to
provide the affected employee, upon request and without cost, with a
follow-up test of any initial test believed in error.
8. "Chain of custody" means a sequence of documents, signatures and dates
of all persons handling a specimen so that the Company may later prove
how the specimen was passed from one person to the next.
9. Refusal to provide a blood sample, or provide a urine sample, or
submit to a breathalyzer test as required under this Policy, or the
submittal of a doctored/tampered-with sample, or the detection of a
masking agent in the sample, or otherwise refusing to cooperate in the
testing process shall result in discharge.
_____________________ _____________________
Company Union
59
E. DRUG/ALCOHOL TEST LEVELS AND LABORATORY ANALYSIS PROCEDURES
1. The initial drug test to be conducted in all testing circumstances
will be by kinetic interaction of microparticles in solution (KJMS)
for the following drugs or classes of drugs: marijuana metabolites,
cocaine metabolites, opiate metabolites, phencyclidine, amphetamines,
and barbituates. Any testing done pursuant to this Policy shall be
conducted in as confidential manner as possible under the
circumstances, without compromising the test, and in accordance with
all applicable State and Federal laws.
The test will be conducted in accordance with the accepted standards
and procedures for the administration of such tests, including sample
splitting and maintenance of "chain of custody" criteria.
If an employee tests negative under the initial KIMS test, the
specimens are disposed of and no further action is taken. If an
employee tests positive under the initial KJMS test, the specimens
identified as positive under the initial testing must be confirmed
using a Gas Chromatography/Mass Spectrometry (GC/MS) test. If an
employee tests negative under the confirmatory GC/MS test, the
specimens are disposed of and no further action is taken. If an
employee tests positive under the confirmatory test, the employee will
be subject to discipline up to and including discharge, as provided
herein.
2. The "laboratories" used for drug testing must have a quality assurance
program encompassing all of the testing processes. Participation in a
recognized accreditation and proficiency testing program for drugs of
abuse is required.
3. The drugs that will be included in the testing are as follows:
Amphetamines
Marijuana (metabolites)
Cocaine (metabolites)
Opiates (metabolites)
Phencyclidine
Barbituates (Initial Screen: 200 ng/ml;
Confirmatory Screen: 300 ng/ml)
The cut-off levels that shall be used when initially screening
specimens and the cut-off levels that shall be used for confirmatory
screenings to determine whether the specimens are negative or positive
shall be those cut-off levels approved by the United States Department
of Health and Human Services (Mandatory Guidelines for Federal
Workplace drug testing programs). The presence of an amount of
substance equaling or exceeding these cut-off levels respectively
shall be considered "positive" for the purposes of this Policy. The
cut-off levels for barbituates are as noted above.
_____________________ _____________________
Company Union
60
F. POSITIVE TEST RESULTS
1. Probationary employees refusing to be tested, or testing positive
pursuant to this Policy, will be terminated immediately.
2. Any permanent employee who tests positive for drugs or alcohol for the
first time will be suspended without pay for not less than seven (7)
working days and further:
a. He shall be required as a condition of continued employment to
utilize the Company's Employee Assistance Program ("EAP"), the
cost of which shall be borne by the Company.
b. Upon failure to schedule within forty-eight (48) hours of the
test results or the next business day thereafter, such EAP
counseling and/or treatment and to adhere to the participation
requirements of the EAP, the employee will be terminated.
c. He shall be required to submit to a retest before returning to
work; if such retest is positive, the employee will be
terminated. Such retest shall not be given before thirty (30)
days following the test results unless an earlier date is
requested by the employee.
d. Any employee whose retest is negative under this paragraph 2 and
who subsequently returns to service will be subject to additional
unannounced drug and/or alcohol tests (no more than six [6] times
per year) at any time for up to twenty-four (24) months after
returning to service.
e. A second drug or alcohol test which is positive within three (3)
years of the return to work within section "c" above will result
in the immediate termination of the employee.
G. MISCELLANEOUS
1. All tests will remain confidential and only those Company and Union
representatives having a need to know will be informed of the results.
Results will be maintained in a separate, confidential file and will
not be maintained in the employee's personnel files.
_____________________ _____________________
Company Union
61
2. An employee who suffers from drug or alcohol abuse is encouraged to
utilize the Company's EAP. For such utilization to be allowed without
any possibility of discipline, such assistance must be sought before
drug and/or alcohol use or abuse creates inappropriate work
performance or inappropriate behavior at work. An employee's decision
to seek assistance from the EAP before work performance or behavior
difficulties occur will be kept confidential. Furthermore, the Company
assures employees that voluntary participation in diagnosis,
treatment, and rehabilitation will not jeopardize their job security
and/or promotional opportunities. Once work performance or behavior
difficulties affecting the job or the Company do occur, however, the
subsequent voluntary use of the EAP will not necessarily prevent
disciplinary action, up to and including discharge.
3. Where the Company has reasonable cause to believe the use of drugs or
alcohol, or in the event of post-accident testing, the subject
employee will be relieved from work pending the results of the
testing.
Employees who are suspended pending receipt of the results who test
negative shall be reinstated and will be paid their regular
straight-time hourly rate (including shift premium or holiday pay, if
applicable) for all scheduled hours missed during the suspension.
4. Any employee confronted with a request to submit to an alcohol or drug
test shall be provided, upon request, Union representation before any
further action is taken. Disputes as to requirements for drug or
alcohol test, test procedures, confidentiality, chain-of-custody,
discipline, discharge or believed misapplication of any portion of
this Policy shall subject the matter to the grievance and arbitration
procedure which may be pursued by the affected employee or the Union
itself.
5. The use, possession, manufacture, sale, purchase, transfer or other
distribution of an illegal drug or alcohol by any employee on Company
premises or while on Company time is prohibited and will result in
immediate termination.
6. The Company, when reasonable cause for such action exists, reserves
the right to conduct unannounced searches for illegal drugs and
alcohol anywhere on Company property, including, but not limited to,
lockers, tool boxes, desks, file cabinets, and personal vehicles
parked on Company property in those areas requiring parking permits.
Company personnel will not inspect personal vehicles without the
employee's permission. All searches shall be conducted in the presence
of a Union representative and the affected employee if he is on the
Company premises at the time of the search. Employees who refuse to
cooperate during such unannounced searches may be subject to
disciplinary action, up to and including discharge. Any suspected
contraband will be put in clean containers and marked for future
identification and testing. The employee will receive a receipt from
the Company for any items taken into possession by the Company.
_____________________ _____________________
Company Union
62
7. In the event a urine sample is determined to be invalid or unreliable
due to circumstances unrelated to the conduct of the individual, the
individual will be immediately notified of the circumstances requiring
a new test and will be required to undergo a new test.
8. No employee will suffer loss of wages while undergoing such tests, and
all costs involving transportation to and from a physician's office,
clinic, hospital, or other collection site, and all costs of
examination and tests will be paid by the Company. Any loss of wages
and benefits incurred by an employee while waiting for the results of
a drug or alcohol test will be reimbursed, making the employee whole,
if the test result proves to be negative.
9. No employee may utilize the Company EAP in-patient program more than
three (3) times during the term of this Agreement and no more than
once a year.
III. TOBACCO PRODUCTS
Tobacco products may be used in any portion of a Plant building or vehicle
which is not heated or air cooled. Tobacco products may also be used in all
outside areas on the Plant site.
Smoking shall not be permitted anywhere in Green Carbon and the spent cell
lining building.
_____________________ _____________________
Company Union
63
ARTICLE 17
GROUP INSURANCE PROGRAM
I. Active Employee Medical, Dental, and Vision Benefits
Except as provided in part VII below, during term of this Agreement, the
Company shall provide to active employees the medical (including
prescription drugs), dental, and vision benefits attached hereto as offered
by the Steelworkers Health and Welfare Fund. During the term of this
Agreement, the monthly premiums to be paid by active employees are as
follows:
Individual Family
---------- ------
Medical $ 10.00 $ 25.00
Dental $ 0.00 $ 0.00
Vision $ 0.00 $ 0.00
II. Retiree Medical Benefits
During the term of this Agreement, the Company shall provide to retirees,
who retire on or after December 1, 2000, the same medical benefits
(including prescription drugs) provided to active employees, except that
outpatient treatment of mental and nervous disorders is covered at 50% of
reasonable and customary charges per visit for 40 visits. Inpatient
treatment of mental and nervous disorders is covered at 50% of reasonable
and customary charges.
To be eligible for retiree insurance, a retiree must have at least ten (10)
years of service and be at least age 50 and age plus service years must
total 75 or have 30 years service and qualify for a NSA annuity.
Retirees, when eligible, must be enrolled in Medicare Parts A and B. The
Medical Plan, for retirees, will pay secondary to Medicare and the
"carveout" method of Medicare coordination will be used.
During the term of this Agreement, the monthly premiums to be paid by
retirees under 65 are as follows:
Retirees who qualify for a NSA annuity:
$50.00 per person per month
Retirees who do not qualify for a NSA annuity:
$125.00 per month for retiree only
$250.00 per month for retiree and spouse
$375.00 per month for family
During the term of this Agreement, the monthly premiums to be paid by
retirees age 65 or older are as follows, except that a retiree who
qualifies for a NSA annuity pays at the $50.00 per person per month rate
unless he qualifies for a lower rate by virtue of having 35 or more years
of service:
_____________________ _____________________
Company Union
64
Years of Service Per Person Per Month
---------------- --------------------
40 and above No cost
35 $ 38.00
30 $ 50.00
25 $ 63.00
20 $ 75.00
15 $ 88.00
10 $ 100.00
III. Retiree Dental and Vision Coverage
Dental and Vision will be available through COBRA at the following rates
effective December 1, 2000.
Dental Member: $ 19.35/month
Family: $ 55.05/month
Vision Member: $ 2.80/month
Family: $ 7.55/month
The COBRA rates referenced in Section III above may be adjusted upward
during the term of the Agreement depending on the Company's future costs
for all employees, active and retired.
IV. Active Employee Life and Accident Insurance
The Company shall provide a Life and Accident Insurance Program for
employees and their dependents identical to that offered by NSA except that
the amount of Company-paid Life Insurance increases from $10,000 to $30,000
and the amount of Company-paid Accident Insurance also increases from
$10,000 to $30,000. The Company will endeavor to procure an insurance
program that provides eligible employees the opportunity to purchase
additional insurance at an insured rate at the employee's expense.
V. Retiree Life Insurance
To be eligible for Retiree Life Insurance a retiree must have at least ten
(10) years of service and be at least age 50 and age plus years of service
must equal 75. The Company shall provide Company-paid Life Insurance of
$15,000 to those employees who retire before age 70. This amount is
automatically reduced to $7,500 at age 70.
_____________________ _____________________
Company Union
65
Retirees are not eligible for Accidental Death and Dismemberment,
Supplemental Life, and Dependent Life.
VI. Accident and Sickness Benefits
The Company shall provide Accident and Sickness Benefits to active
employees pursuant to a Plan identical to the Southwire Short-Term
Disability Plan. The Company will endeavor to procure an insurance program
that provides eligible employees the opportunity to purchase extended and
supplemental coverage at an insured rate at the employee's expense.
VII. Substitution of Carriers and Preservation of Benefit Levels
The parties have taken the necessary steps to enable the Company to
contract with the Steelworkers Health and Welfare Fund to provide the
medical (including prescription drugs), dental and vision benefits
referenced in Sections I-III above in accordance with the Steelworkers
Health and Welfare Fund Participation Agreement dated March 30, 2001,
incorporated herein. In the event that the Company terminates that
Participation Agreement as provided in paragraph XIII thereof, the Company
is obligated to provide for the entirety of this Agreement the same or
better level of benefits as set forth in the attachments to Sections I-III
above and may not charge increased premiums to active employees or retirees
apart from the COBRA rates set forth in Section III above.
CENTURY ALUMINUM
PREFERRED PROVIDER ORGANIZATION - PPO 90/70
-----------------------------------------------------------------------------------------------------------
Benefit Provision In-Network Care Out-of-Network Care
-----------------------------------------------------------------------------------------------------------
Deductible
Individual $100 $300
Family $200 $600
-----------------------------------------------------------------------------------------------------------
Coinsurance 90% 70%
-----------------------------------------------------------------------------------------------------------
Out-of-Pocket Maximums
(Excludes deductible, copayments, $750 Individual $1,500 Individual
prescription drug expenses, mental $1,500 Family $3,000 Family
health and substance abuse expenses,
amounts over "usual and customary")
-----------------------------------------------------------------------------------------------------------
Lifetime Maximum Unlimited $500,000
-----------------------------------------------------------------------------------------------------------
Physician Office Visits 100% after $10 copayment 70% after deductible
-----------------------------------------------------------------------------------------------------------
Preventive Care
Adult
Routine physical exams 100% after $10 copayment Not Covered
Routine GYN exams, including PAP 100% after $10 copayment 70% (no deductible)
Mammograms, as required 100% 70% after deductible
Pediatric
Routine physical exams 100% after $10 copayment Not Covered
Pediatric immunizations 100% 70% (no deductible)
-----------------------------------------------------------------------------------------------------------
_____________________ _____________________
Company Union
66
-----------------------------------------------------------------------------------------------------------
Benefit Provision In-Network Care Out-of-Network Care
-----------------------------------------------------------------------------------------------------------
Emergency Room/Urgent Care Services 100% after $20 copayment 70% after deductible
(waived if admitted)
-----------------------------------------------------------------------------------------------------------
Hospital Services (Inpatient and 90% after deductible 70% after deductible
Outpatient)
-----------------------------------------------------------------------------------------------------------
Medical/Surgical Services 90% after deductible 70% after deductible
-----------------------------------------------------------------------------------------------------------
Diagnostic Services (Lab, X-Ray and 90% after deductible 70% after deductible
other tests)
-----------------------------------------------------------------------------------------------------------
Physical Therapy (Professional) 90% after deductible 70% after deductible
-----------------------------------------------------------------------------------------------------------
Spinal Manipulations 90% after deductible 70% after deductible
Limit: 25 visits/year
-----------------------------------------------------------------------------------------------------------
Durable Medical Equipment, Ambulance, 90% after deductible
Skilled Nursing Facility Care, Home
Health Care, Hospice, Private Duty
Nursing, Speech, Occupational Therapy
(Professional)
------------------------------------------------------------------------------------------------------------
Mental Health(1)
Inpatient 90% after deductible 70% after deductible
Outpatient 90% after deductible 50% after deductible
------------------------------------------------------------------------------------------------------------
Substance Abuse
Inpatient 90% after deductible 70% after deductible
Detoxification 7 days/admission; 4 admissions/lifetime
-------------------------------------------------------------------
Rehabilitation 30 days/year; 90 days/lifetime
------------------------------------------------------------------------------------------------------------
Outpatient(2) 90% after deductible 50% after deductible
------------------------------------------------------------------------------------------------------------
60 visits/year; 120 visits/lifetime
30 visits may be exchanged on a 2 for 1 basis
to secure up to 15 additional days/year
------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------
Benefit Provision In-Network Care Out-of-Network Care
-----------------------------------------------------------------------------------------------------------
Precertification Requirements(3) Patient Responsibility
------------------------------------------------------------------------------------------------------------
Premier Prescription Drug Program Mandatory Generic(4)
Benefits available through the Premier Retail - 34 days supply
Pharmacy Network only. Mail Order - 90 days supply
-------------------------------
Retail: Mail Order: Not Covered
> $5 > $10
generic generic
> $10 > $20
brand brand
------------------------------------------------------------------------------------------------------------
(1) State mandated benefits (30 inpatient days and 60 outpatient visits
annually) may apply for serious diagnosis. Serious diagnosis includes
schizophrenia, schizo-affective disorder, major depressive disorder,
bipolar disorder, obsessive compulsive disorder, panic disorder, anorexia
nervosa, bulimia nervosa, delusional disorder.
(2) First instance or course of treatment reimbursed at 100% after $10
copayment In-Network; or at 70% after deductible Out-of-Network.
(3) If Blue Cross Blue Shield is not contacted prior to an inpatient admission
and it is later determined that all or part of the inpatient stay was not
medically necessary or appropriate, the patient will be responsible for
payment of any costs not covered.
_____________________ _____________________
Company Union
67
(4) The member is responsible for the payment differential when a generic drug
is authorized by the physician and the patient elects to purchase a brand
drug. The member payment is the price difference between the brand and
generic in addition to copay or coinsurance amounts which may apply.
DENTAL PLAN - Custom
----------------------------------------------------------------------------------------------------------
Benefit Provision
----------------------------------------------------------------------------------------------------------
Annual Deductible (does not apply to Diagnostic and Preventive services)
>> Individual $0
>> Family $0
----------------------------------------------------------------------------------------------------------
Diagnostic Services 100% UCR *
>> Routine oral examinations
>> Dental X-rays
- Full mouth X-rays
- Bitewing X-rays
----------------------------------------------------------------------------------------------------------
Preventive Services 100% UCR *
>> Routine cleanings
>> Topical fluoride application for dependent children under age 19
>> Space maintainers (not made of precious metals) that replace prematurely
lost teeth for dependent children under 19 years of age
>> Sealants when provided to children. Coverage is limited to one sealant
per tooth in any three-year period
----------------------------------------------------------------------------------------------------------
Basic Restorative 85% UCR *
>> Fillings
>> Simple extractions
>> Endodontics, including pulpotomy and root canal treatment
----------------------------------------------------------------------------------------------------------
Periodontal Services 85% UCR *
>> Diagnosis and treatment planning including periodontal examination
>> Non-surgical periodontal therapy including periodontal scaling and root
planing
>> Surgical periodontal therapy
>> Maintenance-- post treatment preventive periodontal procedures
(periodontal cleanings)
----------------------------------------------------------------------------------------------------------
Oral Surgery 85% UCR *
>> Surgical removal of teeth
----------------------------------------------------------------------------------------------------------
Prosthetics 50% UCR *
>> Initial insertion of bridges (including pontics and abutment crowns,
inlays and onlays)
>> Initial insertion of partial or full dentures (including any adjustments
during the six-month period following insertion)
>> Replacement of an existing partial or full denture or bridge by a new
denture or bridge
----------------------------------------------------------------------------------------------------------
Crown, Inlay and Onlay Restorations 50% UCR *
>> Single unconnected crowns, inlays and onlays
>> Replacement of crowns, inlays and onlays, but only if satisfactory
evidence is presented that at least 5 years have elapsed since the date of
insertion of the existing crown, inlay or onlay, and only if the existing
crown, inlay or onlay is unserviceable and cannot be made serviceable
----------------------------------------------------------------------------------------------------------
Orthodontics (Not subject to Annual Maximum) 50% UCR *
>> Diagnosis, including radiographs
>> Active treatment, including necessary appliances
>> Retentive treatment following active treatment
>> Lifetime maximum $1,000
----------------------------------------------------------------------------------------------------------
Annual Maximum $1,000
----------------------------------------------------------------------------------------------------------
*Usual, Customary and Reasonable (UCR) allowances for all services are based on
90th percentile.
----------------------------------------------------------------------------------------------------------
_____________________ _____________________
Company Union
68
OPTICHOICE VISION PLAN
---------------------------------------------------------------------------------------------------------------------
Service/Product Allowance Patient Responsibility Frequency
---------------------------------------------------------------------------------------------------------------------
Eye Exam and Refraction $32 In-Network: $0 Under age 19 -- once per 12 months
Out-of-Network: Provider Charge Age 19 and over -- once per 24 months
---------------------------------------------------------------------------------------------------------------------
Single Vision Lenses $24 In-Network: $0 Under age 19 -- once per 12 months
(standard) Out-of-Network: Provider Charge Age 19 and over -- once per 24 months
---------------------------------------------------------------------------------------------------------------------
Bifocal Lenses $36 In-Network: $0 Under age 19 -- once per 12 months
(standard) Out-of-Network: Provider Charge Age 19 and over -- once per 24 months
---------------------------------------------------------------------------------------------------------------------
Trifocal Lenses $46 In-Network: $0 Under age 19 -- once per 12 months
(standard) Out-of-Network: Provider Charge Age 19 and over -- once per 24 months
---------------------------------------------------------------------------------------------------------------------
Aphakic/Lenticular $72 In-Network: $0 Under age 19 -- once per 12 months
Lenses Out-of-Network: Provider Charge Age 19 and over -- once per 24 months
---------------------------------------------------------------------------------------------------------------------
Non-Standard Lenses Same In-Network: Difference between Under age 19 -- once per 12 months
(e.g. photochromatic, allowances as charge and allowance with a 10% Age 19 and over -- once per 24 months
polycarbonate, standard discount
progressive) Out-of-Network: Provider Charge
---------------------------------------------------------------------------------------------------------------------
Frames $24 In-Network: $0-- up to $60 retail; All ages -- once per 24 months
Over $60 retail-- patient pays the
difference between $60 and charge
Out-of-Network: Provider Charge
---------------------------------------------------------------------------------------------------------------------
Contact Lens Fitting $20 - Daily In-Network: $0 Under age 19 -- once per 12 months
and Prescription $30 - Extended Out-of-Network: Provider Charge Age 19 and over -- once per 24 months
---------------------------------------------------------------------------------------------------------------------
Standard Contact $48 In-Network: $0 Under age 19 -- once per 12 months
Lenses(1) Out-of-Network: Provider Charge Age 19 and over -- once per 24 months
---------------------------------------------------------------------------------------------------------------------
Specialty Contact $48 In-Network: $0-- up to $75 retail; Under age 19 -- once per 12 months
Lenses(1) Over $75 retail-- patient pays the Age 19 and over -- once per 24 months
difference between $75 and charge
Out-of-Network: Provider Charge
---------------------------------------------------------------------------------------------------------------------
Additional Services or N/A In-Network: Same amount as all As needed
Products-- exceeding allowances described above
program frequency Out-of-Network: Provider Charge
---------------------------------------------------------------------------------------------------------------------
Other Products 10% discount In-Network: 90% of charge As needed
Out-of-Network: Not covered
---------------------------------------------------------------------------------------------------------------------
(1) Plan allows for one pair eyeglasses (lenses and frames) or one pair of
contact lenses within a benefit period.
_____________________ _____________________
Company Union
69
ARTICLE 18
HOLIDAYS
The Company recognizes nine (9) paid holidays each year:
New Years Day Thanksgiving Day
Good Friday Day after Thanksgiving
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day
General Holiday Information
The Company recognized holidays consist of the twenty-four (24) hour period
beginning at the shift changing hour nearest to 12:01 a.m. of the holiday or
6:45 a.m. for rotating 12-hour shift employees. An exception exists for holidays
that are observed nationally on Saturday and Sunday. At the Plant, if a
nationally observed Company holiday falls on Sunday, the following Monday is
recognized as the holiday. Thus, hours worked on Sunday are paid at time and
one-half or according to the provision in Article 6, ss. VI. Hours worked on
Monday are paid at double time and one-half. If a nationally observed Company
holiday falls on Saturday, premium pay of double time and one-half will only be
paid for hours worked on the Saturday holiday.
Employees working other than rotating shift arrangements may, at the
discretion of their supervisor, be allowed the Saturday holiday off if scheduled
to work, or be allowed to have an additional day off if already scheduled off on
the Saturday holiday.
If an employee is a Monday through Friday employee and is allowed to have
Friday off as a substitute holiday, the day before the Saturday holiday, that
employee's time would be marked "Holiday" for Friday. In the above situation, if
the employee were called in or otherwise works on Friday, holiday pay would not
be paid for those occurrences referenced. Pay for the unscheduled holiday shall
be paid provided all eligibility criteria have been met. If the employee works
on Saturday, holiday pay at double time and one-half will be paid for all hours
worked, regardless of whether the employee worked or was off Friday as a
substitute holiday.
If allowed to substitute a day for the Saturday holiday, the substitution
should be made in the payroll week of the holiday or the payroll week
immediately following the holiday.
Pay for Holidays Not Worked
If an employee does not work on a recognized Company holiday, he will be
paid eight (8) hours, nine (9) hours, ten (10) hours, or twelve (12) hours
depending on his shift assignment, times his Standard Base Wage Rate provided he
meets these eligibility requirements:
_____________________ _____________________
Company Union
70
1. Have been employed thirty (30) calendar days since employee's last
hire;
2. Perform work or have been on vacation seven (7) days prior to or after
the holiday; and,
3. Work as scheduled or assigned on both the employee's last scheduled
working day prior to the holiday and on the employee's first scheduled
day following the holiday, unless he failed to work due to an excused
absence such as Union business, family emergency, or a personal
illness (supported by a physician's statement and submitted to the
Company by the fifth day following the holiday).
When a holiday occurs during the employee's scheduled vacation, he will be
paid for the unworked holiday in addition to his vacation pay. If the employee
is on a leave of absence, other than Union business, when a scheduled vacation
comes due near a holiday, he will still have to work in the seven (7) day period
before or after the holiday in order to be eligible for the holiday pay.
Provided the holiday falls within the employee's normal work schedule, and
the employee's supervisor schedules him off, the holiday hours paid will be
considered as hours worked for the purposes of computing premium and overtime
pay under the provisions of premium pay.
An eligible employee scheduled to work on a recognized Company holiday, who
fails to report for work or perform his scheduled or assigned work, will not be
eligible to receive pay for the unworked holiday. This will be true unless his
failure to report for or perform such work was due to an excused absence such as
Union business, personal illness (supported by a physician's statement), family
emergency, or death in the immediate family. An unworked holiday shall count as
a day worked for the purpose of calculating overtime.
Pay for Holidays Worked
An employee will be eligible to receive pay for holidays if he has been
employed thirty (30) calendar days since his last hire.
For all hours worked on any of the recognized Company holidays, the
employee will be paid premium pay at the rate of two and one-half (2-1/2) times
his Standard Base Wage Rate, including all applicable shift differential and
shift premiums.
If the employee performs work that is less than his normal scheduled shift
hours on a Company holiday, he will be paid two and one-half (2-1/2) times his
Standard Base Wage Rate for all hours worked plus one (1) times his Standard
Base Wage Rate for the remainder of his normal scheduled shift. Pay for holiday
hours not worked must meet the same eligibility requirements as pay for holidays
not worked.
_____________________ _____________________
Company Union
71
Call-In Pay on Holidays
If an employee is called in on a holiday, he will receive 2 1/2 times his
Standard Base Wage Rate for all hours worked, plus straight time for the
remaining hours not worked, in the standard holiday shift period.
_____________________ _____________________
Company Union
72
ARTICLE 19
MILITARY SERVICE
A. The Company agrees to comply with all applicable Federal laws relating to
the re-employment rights of veterans. Further, any veteran eligible for
re-employment by the Company under such laws who applies for re-employment
within ninety (90) days after honorable discharge shall, upon his request,
be granted a leave of absence without pay not to exceed sixty (60) days
before he shall be required to return to work.
B. An employee entitled to reinstatement under this Article who applies for
re-employment and who desires to pursue a course of study in accordance
with the Federal law granting him such opportunity before or after
returning to his employment with the Company shall be granted a leave of
absence for such purpose; provided that an employee who desires such a
leave of absence after returning to his employment with the Company shall
have it granted only if he notifies the Company in writing, within one year
from the date he is re-employed, of his intention to pursue such a course
of study. Such employee's continuous service shall accumulate during such
leave of absence, provided he reports for re-employment within thirty (30)
days after the completion or termination of such course of study. Any such
employee must notify the Company and the Union in writing at least once
each calendar year of his continued desire to resume active employment with
the Company upon completing or terminating such course of study to remain
eligible for re-employment.
C. If an employee who would otherwise have been entitled to a vacation with
pay under the provisions of Article 9 of this Agreement shall enter the
Armed Services of the United States before he shall have taken such
vacation, or before he shall have accepted vacation pay in lieu of such
vacation, such employee shall receive such pay as he would have been
entitled to receive for the period of such vacation.
D. The Company also agrees to comply with all applicable Federal and State
laws relating to the granting of leaves of absence for members of the Armed
Services Reserve or National Guard called to training or active duty.
Should an employee fail to meet the eligibility requirements for holiday
pay solely because he was on active military encampment during the
eligibility period, he will be paid as though he had so qualified.
Further, an employee will not be required to take his vacation time during
this period of active military encampment.
E. Re-employment rights of returning military veterans are provided in
applicable Federal Law. When a veteran is eligible to return to a job, the
veteran will do so by displacing the junior employee on that job and any
further reduction-in-force will be in accordance with the
reduction-in-force provision of this Agreement. Since such law may
supersede this Agreement and provides similar or expanded rights to those
conferred by this Agreement, it is not intended for this paragraph to be
used by returning veterans.
_____________________ _____________________
Company Union
73
ARTICLE 20
PENSION PROGRAM
The parties shall take the necessary steps to enable the Company to become
a participating employer in the Steelworkers Pension Trust, "the Trust", the
terms of which are set forth in the attached 1999 Annual Report of the Trust.
During the term of this Agreement, the Company shall contribute $1.00 per hour
for each hour worked by each covered employee. For purposes of calculating such
contributions, hours paid for vacations and holiday shall be deemed hours
worked. In addition, the Company shall make a minimum monthly contribution of
$50.00 for a period of up to six (6) months for any covered employee who is
absent from work because of illness or disability, or Union leave.
With respect to vested employee benefits, each employee of the Company who
is in the employ of the Company on the date the Company first becomes a
participating employer in the Trust shall have all periods of prior employment
with NSA (and Southwire affiliates) up to four years treated as "Covered
Service" for vesting purposes under the Trust if the employee continues in the
employ of the Company for one year beyond that date. All other vesting
requirements of the Trust continue to apply. These periods do not count as
"Covered Service" in determining eligibility for disability benefits or under
the Rule of 85.
_____________________ _____________________
Company Union
74
ARTICLE 21
JURY AND WITNESS PAY
A. EXCUSED ABSENCE FOR JURY OR WITNESS DUTY
1. An employee summoned for jury or witness duty will be excused from
work for each actual workday of service.
2. An employee scheduled to work on the afternoon or night shift shall be
excused from work during his service period.
3. "Service", as used in this Article, includes reporting for jury or
witness duty without regard as to whether the employee serves on a
jury or testifies as a witness.
B. ELIGIBILITY FOR JURY AND WITNESS PAY
1. An employee excused for jury duty is eligible for jury and witness
pay.
2. An employee excused for witness duty is eligible for jury and witness
pay in the following circumstances: (1) if subpoenaed in a criminal
proceeding in which the employee is not the defendant; (2) if
subpoenaed in a civil proceeding by the Company; or (3) if subpoenaed
by a public agency in a civil proceeding in which the Company is
providing jury and witness pay to employees appearing on behalf of the
Company.
3. To receive jury and witness pay, an employee must present written
proof to his supervisor of service as a jury member or witness.
4. Employees on vacation shall not be eligible for jury or witness pay;
in determining eligibility an employee will be deemed to be on
vacation 24 hours prior to the starting time of his first scheduled
day of vacation; an employee will not be allowed to cancel vacation in
lieu of Jury/Witness service once he is considered to be on vacation.
5. Employees on medical leave who have been declared disabled by a doctor
shall not be eligible for jury or witness pay; a person who has been
declared disabled by a doctor during the seven day waiting period for
eligibility for sickness and accident benefits is not eligible for
jury and witness pay.
C. AMOUNT OF JURY AND WITNESS PAY
1. For each day of jury or witness service that an employee otherwise
would have worked, the employee shall receive 8, 9, 10, or 12 times
his Standard Base Wage Rate depending on the employee's normal shift
schedule.
_____________________ _____________________
Company Union
75
2. Hours paid for jury or witness service shall be counted as hours
worked in the computation of premium and overtime pay.
3. An employee will not receive jury and witness pay when it duplicates
pay received for time not worked for any other reason.
_____________________ _____________________
Company Union
76
ARTICLE 22
BEREAVEMENT PAY
A. Eligibility For Bereavement Pay
1. An employee who has suffered a death of a member of his immediate
family, as defined in Section 2 below, is eligible, subject to
Sections 3-5 below, to receive bereavement pay while absent up to
three (3) consecutive days including the day of the funeral, provided
the employee attends.
2. Immediate family members for purposes of determining eligibility for
bereavement pay include:
Mother Father Spouse
Natural Children Brother Step-Parents
Legally Adopted Children Father-in-Law Step-Brother
Step-Children Step-Sister Employee's Grandparents
Mother-in-Law Half-Sister Grandchildren
Half-Brother Sister
3. Employees who are receiving pay for time not worked for any other
reason are not eligible for bereavement pay.
4. Employees on vacation shall not be eligible for bereavement pay; in
determining eligibility an employee will be deemed to be on vacation
24 hours prior to the starting time of his first scheduled day of
vacation; an employee will not be allowed to cancel vacation in lieu
of bereavement leave once he is considered to be on vacation.
5. Employees on medical leave who have been declared disabled by a doctor
shall not be eligible for bereavement pay; a person who has been
declared disabled by a doctor during the seven day waiting period for
eligibility for sickness and accident benefits is not eligible for
bereavement pay.
6. An employee should notify his supervisor and the Human Resources
Office to make arrangements to receive bereavement pay and to assist
in funeral arrangements and attend the funeral of a family member; the
Company shall exercise the greatest possible degree of understanding
and the employee shall exercise his best judgment.
B. Amount of Bereavement Pay
1. While absent for up to three days for the purpose of assisting in
funeral arrangements and attending the funeral of a family member, the
employee shall receive 8, 9, 10, or 12 times his Standard Base Wage
Rate for each day of work missed depending on the employee's normal
shift schedule.
_____________________ _____________________
Company Union
77
2. Hours paid for bereavement pay shall be counted as hours worked in the
computation of premium and overtime pay.
C. Unpaid Bereavement Leave
1. An employee who has suffered a death in his immediate family of a
person other than those identified in Section A (2) above shall be
entitled to an unpaid bereavement leave of up to three consecutive
days including the day of the funeral, provided the employee attends
and there is no adverse impact on operational requirements. Such leave
shall not be unreasonably withheld by the Company.
2. Employees requesting unpaid bereavement leave shall follow the
notification requirements set forth in Section A (6) above.
_____________________ _____________________
Company Union
78
ARTICLE 23
EQUAL OPPORTUNITY
A. It is the continuing policy and recognized obligation of the Company and
the Union that the provisions of this Agreement shall be applied fairly and
in accordance with those Federal and State employment laws relating to
race, color, religion, creed, national origin, disability, sex, or age,
except where sex or age is a bona fide occupational qualification.
B. All provisions of this Agreement shall apply alike (equally) to all male
and female employees. (Masculine pronouns or references in this Agreement
shall be deemed to include feminine pronouns or references.)
C. Equal Opportunity Committee:
1. There shall be established a joint Company-Union Equal Opportunity
Committee. The Committee shall consist of six (6) members, three (3)
each from the Company and the Union. The Company members shall be the
Plant Manager, or his personal designee, the Industrial Relations
Superintendent, and one other designee of the Plant Manager.
The Union members shall be the President and two (2) persons
designated by the President of the Local Union.
2. The primary purpose of the committee shall be to establish a forum
within the framework of the Company-Union relations whereby both
parties can discharge their affirmative commitments made above in
Section A, as well as consider complaints raised by members of the
bargaining unit concerning these commitments. The members of the
committee shall have access to departments other than their own at all
reasonable times, without undue delay, for the purpose of transacting
the legitimate business of the committee after reasonable notice has
been given to the head of the department to be visited and permission
from their own department has been obtained, and such permission shall
be granted at all reasonable times.
3. The committee shall meet at mutually agreeable times, but no less than
once every three (3) months. Minutes of the proceedings shall be taken
and maintained. Union designees attending these meetings of the Joint
Equal Opportunity Committee shall be paid for each hour of work lost.
4. It is not intended by the parties that this committee shall displace
the normal operations of the grievance procedure. However, the
committee
may take action concerning those matters set forth in Section A which is not
contrary to provisions of the Labor Agreement. It is further understood that the
Chairman of the Grievance Committee may file a grievance in the third step of
the grievance procedure alleging a violation of Section A of this Article.
_____________________ _____________________
Company Union
79
D. There shall be an annual meeting between designated representatives of the
Company and the Union on a date mutually agreed upon by the parties to
review all matters involving Civil Rights.
_____________________ _____________________
Company Union
80
ARTICLE 24
CONTRACTING OUT
1. During the negotiations preceding the effective date of this Agreement, the
parties recognized the seriousness of the problems associated with
contracting out of work and accordingly agree as follows:
During the initial sixty (60) days of this Agreement, the Company may
contract out any work, provided an Initial Base Force Xxxxxxx Level of 600
bargaining unit employees are provided with a full work week and are not
denied reasonable overtime opportunity and a reasonable amount of overtime.
During this sixty (60) day period, no grievances will be filed concerning
any violations of this Article.
2. During a period of ten (10) months following the conclusion of this sixty
(60) day period, the Company and the Union shall meet regularly to review
the appropriate types and amount of work, if any, in each section which
contractors shall be permitted to perform in that section and shall develop
a Sectional Agreement with respect thereto. Such Sectional Agreements shall
assure that no job being performed by an employee included in the Initial
Base Force Xxxxxxx Level will be eliminated through contracting out and
laying off the employee then performing such job. During this ten (10)
month period grievances may be filed under this Article concerning only
alleged violations of Section 1 or one of the Sectional Agreements
referenced in this Section.
3. On April 1, 2002, Part A below shall become effective and grievances may be
filed concerning the entire scope of Article 24. The "existing rights and
obligations with respect to various types of contracting out" referenced
therein are those set in the Sectional Agreements entered into pursuant to
Section 2. Whenever the term "practice" appears in Paragraph 1 below it
refers to the NSA practice prior to January 1, 1998.
In the event of any capital improvements or technological changes at the
Plant which results in a reduction in xxxxxxx, the Initial Base Force
Xxxxxxx level may be reduced by a number equal to the resultant xxxxxxx
reduction.
A. Memorandum
The Union has expressed serious concern over the matter of contracting out
work and the effect it has on the bargaining unit. Sharing the Union's
concern, the Company agrees that preference shall be given to Production
and Maintenance employees where practicable, taking into consideration the
magnitude of the job (including economic factors), availability of employee
skills, and availability of materials and equipment. The Company shall also
extend this same type of consideration and preference to those employees on
layoff status, provided there is sufficient number of such employees and
they have the ability, qualifications and physical fitness to perform the
work in question.
_____________________ _____________________
Company Union
81
The parties have existing rights and obligations with respect to various
types of contracting out. In addition, the following supplements
protections to bargaining unit employees or affirms existing management
rights, whichever the case may be, as to those types of contracting out
specified below. In no event shall the following affect the protections set
forth in Section 2 above.
1a. Production, service, and day-to-day maintenance and repair work as to
which the practice has been to have such work performed by employees
in the bargaining unit shall not be contracted out for performance,
unless otherwise mutually agreed pursuant to Paragraph 4. In the event
the Union agrees with the Company that work covered by this section
can be contracted out, it is expressly understood and agreed that this
shall in no manner be interpreted to mean that the Union has given up
its rights to have such work performed in the future by members of the
bargaining unit.
b. If production, service, and day-to-day maintenance repair work has in
the past been performed under some circumstances by employees in the
bargaining unit and under some circumstances by employees of
contractors, or both, such practice shall remain in effect with
respect to such work performed, unless otherwise mutually agreed
pursuant to Paragraph 4. However, before any work is contracted out,
the Company and the Union will again review and consider those factors
set forth above in the introductory remarks.
It is expressly understood and agreed that this shall in no manner be
interpreted to mean that the Union has given up its rights to have
such work performed in the future by members of the bargaining unit,
or that the Company has given up any of its rights.
The Company agrees that preference shall be given to Production and
Maintenance employees where practical.
c. Production, service, and day-to-day maintenance repair work as to
which the practice has been to have such work performed by employees
of contractors may continue to be contracted out, unless otherwise
mutually agreed pursuant to Paragraph 4.
In the event that the Company agrees with the Union to have bargaining
unit employees perform work covered by this Section, it is expressly
understood and agreed that this shall in no manner be interpreted to
mean that the Company has given up its right to have such work
performed in the future by employees of contractors.
_____________________ _____________________
Company Union
82
2. Production, service, and day-to-day maintenance and repair work other
than that described in Paragraphs 1(a-c) above as well as maintenance
and repair work performed, other than that described in those same
paragraphs, and installation, replacement and reconstruction of
equipment and productive facilities, other than that described in
Paragraph 3(a) below, may not be contracted out for performance unless
contracting out under the circumstances existing as of the time the
decision to contract out was made, can clearly be demonstrated by the
Company to have been the more reasonable course than doing the work
with bargaining unit employees, taking into consideration the
significant factors which are relevant. Whether the decision was made
at the particular time to avoid the obligations of this paragraph may
be a relevant factor for consideration. It is not the intent of this
paragraph to justify the delay of day-to-day maintenance and repair
work as described under Paragraphs 1(a-c).
3a. New construction including major installation, replacement, and major
reconstruction of equipment and productive facilities at the Plant may
be contracted out, subject to any rights and obligations of the
parties which are applicable at the Plant.
b. Where the Union Contracting Out Committee and the Company
representatives have held discussions in accordance with section 5(a)
below, and the work involved in such discussions is contracted out,
should significant new facts or information become known either prior
to the work being performed or during the period in which the work is
being performed, the Committee shall reconvene to discuss such facts.
c. Once a job has been contracted out, any modifications to the original
specifications necessitating significant additions or revisions shall
be subject to discussion with the Contracting Out Committee in
accordance with section 5(a).
4a. A regularly-constituted committee consisting of not more than four (4)
persons (except that the committee may be enlarged to six (6) persons
by local agreements), half of whom shall be members of the bargaining
unit and designated by the Union in writing to Management and the
other half designated in writing to the Union by Management, shall
attempt to resolve problems in connection with the operation,
application, and administration of the foregoing provisions.
b. In addition to the requirements of Paragraph 5 below, such committee
may discuss any other current problems with respect to contracting out
brought to the attention of the committee.
_____________________ _____________________
Company Union
83
5. The Union Committee members will be given notice by the Company
members, when the Company believes it should have items of work
performed by outside contractors. Should the Union committee members
believe discussion to be necessary, they shall so request the Company
members in writing within three (3) days (excluding Saturdays,
Sundays, and Holidays) after receipt of such notice and such a
discussion shall be held within three (3) days (excluding Saturdays,
Sundays, and Holidays) thereafter. The Company will make whole the
earnings of members of the Contracting Out Committee, for lost time
from work while attending meetings of this Committee, when such
meetings are requested by the Company. The Company is responsible for
reviewing with the Union all the facts involved. Engineering or
Technical personnel will be utilized where necessary, to assist in
explaining the technical factors.
Should the committee resolve the matter, such resolution shall be
final and binding. Should a discussion be held and the matter not be
resolved, or in the event a discussion is not held, then within thirty
(30) days from the date of the Company's notice, a grievance relating
to such matter may be filed in Step 2 under the grievance and
arbitration procedure. Should the Company committee members fail to
give notice as provided above, then not later than thirty (30) days
from the date of the commencement of the work or point of discovery, a
grievance relating to such matter may be filed under the grievance and
arbitration procedure.
The Union also expressed concern over the possible lack of
notification of the Company's intent to contract out work and, in some
instances, the possible lack of adequate time to consider the facts
involved in the contracting out of work. In view of this concern, the
Company agrees to the following:
a. The Company will discuss contracting out decisions in advance of
making such and will allow adequate time for the Union to
consider the facts presented by the Company. In the event of an
emergency, such advance notice shall not be required; however,
notice of the items of work performed by outside contractors
shall be given by the Company as soon as possible.
b. Failure of the Company to comply with Paragraph (a) will
constitute a violation of the Company contracting out
notification commitments and the work in question will,
therefore, not proceed until the Union has been properly notified
and due consideration given to their suggestions, which shall be
made promptly.
_____________________ _____________________
Company Union
84
c. If, however, discussion does not take place with appropriate
Union representatives, then the appropriate Production and
Maintenance employees will either be assigned to perform the
work, if it has not been performed, or will be compensated as if
they had performed the work. In the event employees on layoff are
those to be compensated in accordance with this Understanding,
such compensation shall be reduced by monies received that would
otherwise not have been received had the employees actually
performed the work (other employment, etc.)
6a. An employee included in the Initial Base Force Xxxxxxx Level of 600
employees shall receive a full work week at his Standard Hourly Base
wage rate so long as there are employees of contractors working in the
Plant performing work which would otherwise be performed by such
employee. This commitment shall apply only to those covered Plant
employees who receive less than a full work week and would otherwise
perform the work so long as they have the ability, qualifications and
physical fitness and are available for work. The number of employees
protected by this commitment will not exceed the lesser of the number
of contractor employees of similar skill or alternatively exceed the
sum of the number of Plant employees covered hereunder who are working
less than a full work week plus the number of such employees who are
on layoff. The recipients and distribution shall be determined by the
local parties. Such commitment shall not be applicable with respect to
outside contractors' employees working in the plant on new
construction including major installation, major replacement, and
major reconstruction of equipment and productive facilities. This
section 6a shall not be construed as permitting the Company to
contract out the work that a laid-off employee could perform so long
as it pays that employee a full work week at his Standard Base Wage
Rate.
b. The following Outside Contracting Notification shall be used during
the term of this Contract.
OUTSIDE CONTRACTING NOTIFICATION
TO: ___________________________________ DATE: ___________
(Chairman, Outside Contr. Committee)
FROM: _________________________________
(Plant Manager or Designee)
CC: Union
Company
I. COMPANY WHICH WILL PERFORM WORK: ________________________________
LOCATION WHERE WORK PERFORMED: ________________________________
DATE WORK EXPECTED TO COMMENCE: ________________________________
_____________________ _____________________
Company Union
85
ESTIMATED TIME TO COMPLETE WORK: ________________________________
____________________________________________________________________
____________________________________________________________________
REASON FOR CONTRACTING OUT WORK: ________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
II. UNION RESPONSE: UNION REQUEST MEETING [ ]
UNION AGREES: [ ]
UNION POSITION:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
III. DISPOSITION: _____________________________________________________
____________________________________________________________________
UNION ACCEPTS POSITION OF THE COMPANY: [ ]
UNION REJECTS: [ ]
_____________________ _____________________
Company Union
86
ARTICLE 25
PLANT CLOSING PROGRAM
A. The Company shall provide ninety (90) days written notice, if circumstances
permit, to the International Union of its intention to permanently close
the plant or major operating department. In the event of such notice, the
parties shall immediately commence discussions regarding the impact which
the closing will have on affected employees. At the Union's request, the
Company shall explain the basis for its decision to close the plant or
major operating department.
Without being obligated to bargain over its decision to permanently close
the plant or major operating department, the Company shall consider any
proposals of the Union which may either postpone or avoid the necessity for
the closing for affected employees. At the Union's request, the Company
will share equally with the Union any reasonable costs not paid by any
public agency for one feasibility study, not to exceed $25,000 as the
Company's share, to determine whether there are alternative uses of the
plant, or alternative forms of ownership including employee ownership,
which would preserve job opportunities at the plant.
B. If the plant or major operating department is to be permanently shut down,
the Company and the Union will designate appropriate representatives at the
location to coordinate such activities as:
- liaison with Federal, State, and local governmental officials who have
some relationship to the assistance of affected employees in an effort to
focus governmental support for the affected employees;
- personal contact with affected employees to assess needs and personal
preferences in terms of assistance.
C. In the event of the permanent shutdown of the plant, or a substantial
layoff at the plant location, the Company and International Union
representatives shall meet to determine whether appropriate Federal, State,
or local government funds are available to establish an employee training,
counseling, and placement assistance program for that facility.
If such funds are available, the Company and Union shall work jointly to
secure such funds to establish a program to provide alternative job
training for affected employees for job opportunities; counseling for
affected employees on available benefit program; and job opportunities
possibly available.
In implementing such program, the Company will cooperate with the involved
Local Union and State unemployment agency, other appropriate public or
private employment agencies, and area employers in an effort to seek job
opportunities for displaced employees. To further assist affected
employees, both the Company and the Union will designate specific
representatives at the time of any permanent plant closing or substantial
extended layoff to answer questions by employees pertaining to their rights
under the basic Labor Agreement and various benefits programs.
_____________________ _____________________
Company Union
87
ARTICLE 26
MISCELLANEOUS ITEMS
1. Orientation -- New Employees
The parties recognized the mutual desirability of establishing a
coordinated program of orientation for new employees at the time of hire or
in the course of pre-employment processing.
Accordingly, during the term of this Agreement, the Headquarters of
the International Union will develop an appropriate education program of
not more than two hours' duration designed for presentation by
representative designated by the Union in facilities provided by the
Company. The Union will consult with the Company in the development and
implementation of the program. It is further understood that the local
parties will coordinate the Union orientation sessions as to content and
timing with the Company orientation program. All materials, papers, texts,
visual aids and other education or informational aids for the Union
Orientation program will be furnished by the Union at its expense. Any
other costs incidental to the program shall be paid by the Company.
2. Periodic Meetings
So that the parties may maintain close liaison to provide mutual
attention to the administration and application of the Labor Agreement it
is agreed to meet periodically and to have those persons in attendance who
are responsible for the matters set forth above.
Safety and Health matters arising under Article 16 of the Labor
Agreement shall, at the request of either party, be placed on the agenda
for discussion and review at these periodic meetings.
3. USWA-PAC Check-off
A. USWA-PAC
The Company has agreed that it will check off and transmit to the
Treasurer of the USWA PAC all contributions to the USWA Political Action
Fund from the earnings of those employees who voluntarily authorize such
contributions on forms provided for that purpose by the USWA-PAC. The
amount and timing of such check-off deductions and the transmittal of such
voluntary contributions shall be as specified in such forms and in
conformance with any applicable State or Federal statute.
The signing of such USWA-PAC check-off form and the making of such
voluntary annual contributions are not conditions of membership in the
Union or of employment with the Company.
_____________________ _____________________
Company Union
88
The Union shall indemnify and hold the Company harmless against any
and all claims, demands, suits, or other forms of liability that shall
arise out of, or by reason of, action taken or not taken by the Company for
the purpose of complying with any of the provisions of this Agreement.
The United Steelworkers of America Political Action Committee supports
various candidates for Federal and other elective office, is connected with
the United Steelworkers of America, a labor organization, and solicits and
accepts only voluntary contributions, which are deposited in an account
separate and segregated from the dues fund of the Union, in its own
fund-raising efforts and in joint fund-raising efforts with the AFL-CIO and
its Committee on Political Education.
B. Check-off
(1) The Company shall provide for a voluntary check-off, in the amount
specified in the USWA-PAC check-off authorization form provided by the
Union, only at those plants where the Union is the recognized collective
bargaining agent and only for those employees who are so represented by the
Union.
(2) PAC payroll deductions will be allowed in increments of $.25 on a
weekly basis only. Deductions based on authorization cards provided to the
Company three (3) weeks in advance of each calendar quarter will be
commenced at the beginning of each such quarter.
(3) The amounts so deducted shall be remitted at the end of the month
following each calendar quarter to the Treasurer of the United Steelworkers
of America Political Action Fund, Xxxx Xxxxxxx Xxxxxx, Xxxxxxxxxx, XX
00000. Such submittal shall include a printout listing the employee, their
social security number and the amount of deductions for each of such
employees. The authorization form, as well as the nature of the political
action fund; i.e., limited to Federal candidates or a mixed purpose fund
for Federal, State and local candidates, shall conform to any applicable
State or Federal statute.
(4) The Union shall indemnify and hold the Company harmless against
any and all claims, demands, suits or other forms of liability that shall
arise out of, or by reason of, any action taken by the Company under this
provision, or in reliance on any list, notice, or authorization furnished
by the Union under this provision. The Union also agrees that any
solicitations made for participation in this program shall be done in
compliance with the applicable local plant rules.
_____________________ _____________________
Company Union
89
(5) Under the Federal Election Campaign Act, the Company is obligated
to charge for, and the Union agrees to reimburse the Company for, the
expenses the Company incurs in making this check-off deduction. In that
regard the Company shall after each quarterly computer run of the
employee's deductions submit to the Treasurer of the USWA-PAC a xxxx for
expenses incurred by the Company in making the deductions and producing a
computer run of the employees' deductions. The Union's reimbursement check
should be payable to the Company and mailed to the Corporate headquarters.
This provision shall remain in effect for the duration of this
Agreement or until the Act or the regulations promulgated thereunder are
amended to prohibit the undertakings set forth in this provision, whichever
shall first occur.
4. Deduction for SOAR Dues and Retiree PAC Contributions
Notwithstanding any other provisions of this Agreement, the Company
during the life of any collective bargaining agreement applicable to
employees covered by this Agreement shall deduct dues and PAC contributions
from any monthly retirement benefit otherwise payable to any retired
employee who shall have duly authorized such deduction(s) as a member of
the Steelworker Organization of Active Retirees (SOAR) on a form acceptable
to the Company to the extent permitted by applicable federal and state laws
and regulations and to remit such amounts to the Treasurer of the United
Steelworkers of America and, where appropriate, to the Treasurer of the
United Steelworkers of America PAC Fund.
The Union shall indemnify and save the Company harmless against any
and all claims, demands, suits, or other forms of liability that shall
arise out of or by reason of action take or not taken by the Company for
the purpose of complying with any provisions of these understandings or in
reliance of any list, notice or assignment furnished under any of such
provisions.
5. Voter Registration
The month of September in each calendar year will be designated for
the purpose of registering voters. Permission will be given for Local Union
officers and committee members to Solicit these signings in the [areas to
be designated] as well as parking Lots. The intent of this paragraph is not
to impede production.
_____________________ _____________________
Company Union
90
ARTICLE 27
TRAINING PROGRAM
The Company and the Union recognize the mutual advantages in developing and
training interested and qualified employees to fulfill the need for skilled
workers. In keeping with this objective and their mutually recognized
responsibilities, it is agreed that full and fair opportunity for advancement
through organized and supervised training programs will be provided to
interested and qualified employees in order to meet present and future demand
for skilled workers, as determined by the company.
Further, it is recognized that work requirements and training facilities may
vary and that the basic aim of the training program is to develop personnel who
are qualified to perform the full range of repair and maintenance tasks required
at the plant. Nevertheless, the job classifications and the Job Descriptions for
specified occupations shall continue to be uniformly effective and applicable
during the term of these guidelines.
The Apprenticeship Program shall conform to the following minimum guidelines:
I. Qualifications
Applicants for training program must meet the following minimum
requirements:
1. Be a full time employee of the Company;
2. Have satisfactorily completed job-related written and practical
certification tests at the senior level;
3. Be physically able to satisfactorily perform the essential functions
of the job involved when reasonable accommodations are provided;
4. Be eligible to bid under the eligibility requirements of the Job
Bidding & Posting Procedure;
5. Have satisfactorily completed simulated work exercises;
6. Be a high school graduate or have a GED diploma.
II. Advisory Team
The Training Program will be under the direction of an advisory team to
consist of three representatives appointed by the Company and three
representatives appointed by the Union.
III. Selection Process
The need for trainees under this program will be determined by the Company.
Openings will be filled by contacting the most senior employee who has
passed the certification test at the senior level for the specific craft
opening. Applicants meeting the minimum requirements will be selected in
accordance with the applicable seniority provisions without regard to race,
creed, color, national origin, sex, age and occupationally irrelevant
physical requirements until all open positions are filled.
_____________________ _____________________
Company Union
91
Applicants for the training program shall be verbally examined with
respect to previous training and/or experience and perform a series of
simulated work related exercises to determine the employees' potential
to finish the program.
IV. Trial Period
The first thirty (30) days of the training program shall be considered a
trial period during which either the Company or the trainee may terminate
the trainee's participation in the program. Trainees, whose training
program have been terminated during this period, will be returned to their
original job from which they came with no loss of seniority.
V. Release From Training Program
In addition to the trial period described in Section IV, employees may,
within the initial 3-month period, elect to return to their previous
seniority section (while retaining their sectional seniority). Employees
not allowed to return to their previous job would be placed in the lowest
rated job within that section. During the initial 3-month period, trainees
may elect to return to their previous Section for the following reasons
only: (a) have failed to adequately perform the necessary duties as
assigned or (b) dissatisfaction with the program.
During the first 6 months in the program, the Company may request that the
trainee be returned to the trainee's previous department with no loss in
seniority. Employees displaced from the program at the company request
would be allowed to return to their previous job.
Any request for release from the training program not addressed above would
be based on the recommendation of the Advisory Team.
VI. Job Bidding
An employee in a training classification will be eligible for consideration
for any opening created by an employee being released from a different
training field, provided it was during the initial 20 weeks of the training
program. Any vacancy created after the start of the training program would
be filled under the original selection procedure.
An employee accepted into the training program who subsequently leaves the
program will be ineligible for bidding into any future training openings
unless the reason for leaving the program was due to a justifiable
extenuating circumstance.
_____________________ _____________________
Company Union
92
Eligibility for employees in the training program to bid to other openings
will be subject to the requirements of the Job Bidding & Posting Procedure.
VII. Terms Of Training
The total duration of this training program shall be a minimum of 24 months
plus the sum of any required extension periods specified in the agreement.
All hours worked, regular vacation, leaves of absence of 14 days or less,
and paid holidays not worked shall be credited toward completion of the
total training program as required. The total duration of the training
program may be shortened due to extraordinary circumstances as deemed
applicable by the Advisory Team.
IX. Related Instruction
Trainees will be required to attend and/or satisfactorily complete the
required number of hours of related classroom instruction and home study
material that is outlined for them based on the results of the
certification test. Any subsequent deficiency revealed during
on-job-training sessions may require additional classes in order to satisfy
the job requirements. The Advisory Team may find it necessary to alter the
hours of classroom work required in any rotation period and hereby reserves
the right to do so. The Advisory Team shall arrange for and outline all
courses of related instruction which may be given at vocational schools, in
plant classrooms or approved home study courses.
The Company shall obtain instructors for such related training courses
based on their ability to instruct and their knowledge of the machinery and
work function involved. The trainees shall be assigned to a counselor for
the duration of the training period to provide advice and instructions to
insure compliance with all requirements of the training program.
Time spent by the trainee on supervised, related training courses during
working hours shall be paid for at the trainee's applicable training rate.
The cost of any outside related instruction deemed necessary by the
Company, including necessary books, will be paid by the Company.
X. On-The-Job Training
On-the-job training shall be the responsibility of the supervisor as
assigned by the general supervisors. It shall be the responsibility of the
supervisor to assign productive on-the-job work, which the trainee can
perform individually or working with qualified skilled employees.
Supervisors will be furnished a detailed checklist of training requirements
for each specific area. Since the employees are classified in a trainee
status, it is important that their working role be clearly understood.
Trainees are students and the department is their school. The primary
reason for them being there is to learn the job.
_____________________ _____________________
Company Union
93
Instruction of the trainee will follow the sequence deemed best suited to
the volume and type of work common to the job. The schedule of training
courses may be altered as deemed necessary in order to provide changes in
work schedules or in area responsibilities.
XI. Periodic Review of Progress
The progress of each trainee shall be reviewed at the completion of the
initial 30-day trial period and subsequently at the end of each area
assignment. Should a review reveal unsatisfactory progress on the part of
the trainee, the Advisory Team will determine whatever action they consider
appropriate. The Human Resources Manager will be consulted before any
action is taken. The Advisory Team shall arrange such job-related tests as
are necessary to determine the trainee's progress in required work skills
and related technical knowledge.
The Advisory Team will meet with the trainees on an annual basis to discuss
program areas and recommendations for improvements to the program. These
meetings will be conducted at the conclusion of the first and second year
of the training program.
XII. Probation
The Company will maintain records for each trainee's performance in all
phases of training. Employees will be evaluated as trainees (not as crafts
persons) on their job performance in the work area, classroom instruction
and written examinations. Trainees who fail to pass such progress
examinations, have not progressed satisfactorily with their work on the
job, do not have passing grades on the classroom instructions, or are not
current with their related classroom or correspondence course, shall be
placed on probation for a period not to exceed six months and shall not
have their rate of pay increased.
Trainees placed on probation will have their maintenance sectional
seniority date extended by the period of the probation imposed. Under this
guideline the trainee's sectional seniority date would be later than when
he actually entered the program by the amount of time on probation.
Trainees may be re-examined at the mid-point of the probationary period in
those phases of their training in which they are unsatisfactory. If they
are then found satisfactory, they will be reinstated and their probation
period will be ended.
_____________________ _____________________
Company Union
94
XIII. Rates of Pay
Trainees shall enter the program and receive the wage rate of the job class
listed for satisfactory completion of each phase of the program as follows:
Maint. Mechanic
Machinist & Garage
Electrician Mechanic
First 12-month Period Job Grade 18 Job Grade 17
Second 12-month Period Job Grade 20 Job Grade 19
After successful completion
of program and waiting to bid to an
"A" Opening Job Grade 22 Job Grade 21
Note
Mechanics, Machinists & Electricians -- At the successful completion
of the training program, trainees will be classified as a "B"
Mechanic, "B" Machinist or "B" Electrician and will be eligible to bid
for an "A" class job in his field as an opening occurs. If there are
not "A" class openings at the time they complete the program the
employee will remain at Job Grade 22 until they successfully bid into
an "A" opening.
Garage Mechanics -- At the successful completion of the training
program, trainees will be classified as a "B" Garage Mechanic and will
be eligible to bid for an "A" class job in their field as an opening
occurs. If there are no "A" class openings at the time they complete
the program the employee will remain at Job Grade 21 until they
successfully bid into an "A" opening.
All trainees will be required to pass a written exam for their craft to be
eligible for bidding into the "A" classification.
XIV. Seniority
Employees participating in the training program will not be eligible for
sectional seniority until after satisfactory completion of the program,
then their sectional seniority will be retroactive. The retroactive date
will be determined by subtracting 24 months from the completion date. This
will determine their sectional seniority.
_____________________ _____________________
Company Union
95
For example: A trainee is placed on probation for three months for
unsatisfactory performance mid-way through the program. At the end of this
3-month period the trainee has improved and it is decided to keep the
trainee in the program. This 3-month probation period will extend the
program to a total of 27 months. To determine the sectional seniority date,
subtract 24 months from the date the trainee successfully completes the
requirements of the program and this will give the sectional seniority
date. A leave of absence in excess of 14 days would be treated in the same
manner.
XV. Reduction in Force
If a reduction in force other than a temporary reassignment becomes
necessary in a particular Maintenance classification, any employee in the
training program in that classification would be displaced in order of
least amount of credited time in the program by plant seniority before a
classified Maintenance employee would be displaced.
Sectional seniority will be the determining factor in the event of a
departmental reduction in force.
If a layoff becomes necessary, a sectional reduction in force by sectional
seniority would occur prior to the layoff.
XVI. Recall
A recall of trainees would be conducted in order of the trainee with the
most credited time in the program (excludes leaves and probation time). A
trainee will be subject to recall only after all classified Maintenance
personnel have been recalled in each specific classification where laid-off
trainees exist.
XVII. Vacation
Vacations for the training participants will be scheduled as a group and
will not be scheduled in conjunction with the Maintenance Department until
they are classified as "A" class. Except as noted, vacations for the
training group will be scheduled in accordance with the procedures as
outlined in the labor agreement and other departmental rules.
XVIII. Overtime
Participants in the Training Program will not share in any overtime that is
offered within the Maintenance group during their tenure in the program.
However, overtime may be offered to the trainees' group if it is deemed
necessary by the Maintenance Supervisor. An overtime roster will be kept
and overtime hours will be distributed evenly within the group.
_____________________ _____________________
Company Union
96
XIX. Hours of Work
1. The trainees' daily and weekly schedules, work assignments, overtime
and shifts are subject to plant operating and training conditions.
XX. General
1. The company reserves the right to hire qualified employees directly
into any Maintenance classification whether or not there are trainees
in the program.
2. The rates of pay and progression steps for trainees shall be
determined according to Section XIII of this agreement.
3. Except as noted in this outline each participant is subject to the
existing work rules.
4. The company will maintain adequate records to be examined by the
trainee upon request.
5. Performance appraisals will normally be given at the completion of
each rotation assignment with the option of giving these more or less
often.
6. Employee must sign an authorization for release of school records upon
request.
7. Employee will be required to procure, at own expense, all tools
necessary for training requirements as needed.
8. The company will issue to the trainee a certificate of completion upon
satisfactory completion of the Training Program.
_____________________ _____________________
Company Union
97
ARTICLE 28
TUITION REIMBURSEMENT
A. Purpose
1. The purpose of the tuition reimbursement plan is to aid and encourage
eligible employees to supplement their education on their own time in
order to assist them in maintaining and improving their working
skills.
B. Coverage
1. Eligible Employees -- Regular, full-time employees with two or more
years of continuous service are eligible to participate in the plan.
Such employees would be eligible to receive reimbursement in varying
amounts for tuition costs for eligible courses in which they
participate at their own request. In the event an eligible employee
quits or is discharged prior to completion of an approved course of
study, he shall not be entitled to any financial assistance under this
plan.
2. Eligible Course -- Eligible courses shall be defined as courses which
in the Company's opinion, if successfully completed, will provide a
mutual benefit to the parties.
3. Prior Approval -- Employees must make written application on forms
supplied by the Company, and receive written approval by the Company,
prior to course registration, or the course to be taken and the
institution offering the course.
C. Financial Assistance
1. Application for reimbursement of tuition costs shall be made on forms
supplied by the Company and forwarded to the plant's Industrial
Relations department. The refund request form shall include a
statement from the school or sponsoring authority indicating that the
employee satisfactorily completed the required work of the study
course (i.e. grade of "C" or better) and the grade received (if any),
and that the tuition charges were paid in full by the employee.
2. Reimbursement for approved courses shall be 100% of tuition cost up to
but not in excess of $750 in any one year. This shall include
textbooks, breakage fees, equipment, etc. Receipts for reimbursable
expenditures must also be presented prior to reimbursement.
3. Employees participating in the program who are eligible to receive
tuition benefits resulting from service in the Armed Forces, Federal
aid or scholarship aid will be eligible to receive from the Company
only the difference of the portion of tuition not covered by such
benefits not to exceed $750.
_____________________ _____________________
Company Union
98
4. Where employees have been placed on layoff subsequent to their having
enrolled in an eligible course, they shall be reimbursed for already
incurred costs of the course in which they are currently enrolled in
accordance with the provision of this Agreement.
_____________________ _____________________
Company Union
99
ARTICLE 29
NEUTRALITY AGREEMENT
A. NEUTRALITY
The Company places a high value on the continuation and improvement of its
relationship with the Union as well as with all Century employees.
The Company knows from experience that when both parties are involved in an
organizing campaign directed at unrepresented Company employees, there is a risk
that election conduct and campaign activities may have a harmful effect on the
parties' relationship. Therefore, it is incumbent on both parties to take the
appropriate steps to insure that all facets of an organizing campaign will be
conducted in a constructive and positive manner which does not misrepresent to
employees the facts and circumstances surrounding their employment and in a
manner which neither demeans the Company or the Union as an organization nor
their respective representatives as individuals. To underscore the Company's
commitment in this matter, the Company agrees to adopt a position of neutrality,
in the event that the Union seeks to represent at any Affiliate of the Company
non-represented employees of the Company performing Production and/or
Maintenance work.
Neutrality means that the Company shall neither help nor hinder the Union's
efforts during an organizing campaign; nor will it in providing information or
in expressing an opinion demean the Union as an organization or its
representatives as individuals. Also, the Company shall not provide any support
or assistance of any kind to any person or group opposed to Union organization.
Consistent with the above, the Company reserves the right to communicate
fairly and factually to employees in the unit sought concerning the terms and
conditions of their employment with the Company and concerning legitimate issues
in the campaign.
For its part, the Union agrees that all facets of its organizing campaign
will be conducted in a constructive and positive manner that does not
misrepresent to the employees the facts and circumstances surrounding their
employment and in a manner which neither demeans the Company as an organization
nor its representatives as individuals. The Company commitment and obligation to
remain neutral is predicated on this conduct.
B. SCOPE OF THIS NEUTRALITY AND RECOGNITION AGREEMENT
For the purposes of this Agreement, the term "Company" also includes any
Affiliate of the Company, and the obligations and commitments in this letter
applicable to the Company are applicable to any Affiliate of the Company.
For the purposes of this Agreement, "Affiliate" means any business entity
in which the Company directly or indirectly owns more than 50% of the voting
stock and has operating responsibility.
_____________________ _____________________
Company Union
100
C. DISPUTE RESOLUTION
Any alleged violations of this Agreement, as well as any disputes involving
the Company's neutrality, alleged Union misrepresentations or misconduct during
a campaign or definition of the appropriate unit, shall be brought to Company
and Union designees. If the alleged violations or dispute cannot be
satisfactorily resolved by the parties, either party may request that an
arbitrator who shall be selected in advance resolve such dispute. The Arbitrator
shall resolve such dispute by means of a decision to be rendered at a hearing to
be held within Thirty (30) days of the making of the request at a site mutually
agreeable to the parties.
D. BARGAINING IN NEWLY RECOGNIZED UNITS
In the event the Union is certified as the collective bargaining agent
after a secret ballot election conducted by the National Labor Relations Board,
the parties shall meet within Sixty (60) days to begin negotiations for a
Collective Bargaining Agreement covering the new bargaining unit.
E. NOTICE OF INTENT TO ORGANIZE
The Union will give the appropriate Company official written notice of the
Union's intent to organize a facility subject to this Neutrality Agreement.
Upon receipt of such notice, the Company shall meet with the Union to
exchange information that might be pertinent to an organizing effort. During
this meeting, the parties will discuss the scope of the proposed Collective
Bargaining Unit, employees to be excluded from the unit, campaign issues, etc.
Union access to the plant may also be addressed at this notice of intent
meeting. The Company reserves the right to challenge any issues relating to the
scope and makeup of the unit sought by the union by involving the dispute
resolution procedure described above. To minimize disputes about the scope of
Collective Bargaining Units, the Company and the Union agree that the National
Labor Relations Board's case law regarding the composition of Collective
Bargaining Units is incorporated into this Neutrality Agreement by reference.
Upon reaching an agreement on all outstanding issues, the Company will give the
Union a list of the names and addresses of the Production and Maintenance
employees in the agreed-upon proposed Collective Bargaining Unit, as well as a
description of their wages and benefits.
Upon receiving the Union's notice of intent to organize, the Company may
send a letter to members of the proposed Collective Bargaining Unit describing
the neutrality process contained in this Agreement, as well as the implications
of signing a Union Authorization Card.
F. CAMPAIGN PERIOD AND UNION ACCESS TO COMPANY FACILITIES
The campaign period shall not exceed ninety (90) days and shall commence
upon the Union's receipt of the names, addresses and wage and benefit
information described above in Section E. The Company and the Union will agree
upon reasonable times and reasonable places at the plant premises where the
Union can campaign. The Company and the Union will review all Company and Union
campaign literature prior to its distribution.
_____________________ _____________________
Company Union
101
G. UNION AUTHORIZATION CARDS
For the purposes of this Neutrality Agreement, only cards signed after the
Notice of intent has been served may be counted as valid cards. The Union's
Authorization Cards will clearly state that the card may be used for the purpose
of obtaining:
A. An NLRB-sponsored election where a simple majority of votes will
create a duty to bargain;
B. A Secret Ballot Election conducted in cooperation with the Company
where a duty to bargain will arise if the Union receives votes from a
majority of the eligible voters in the proposed Collective Bargaining
Unit.
H. STRUKSNESS SELECTION
If, at any time during the campaign period, the Union represents that it
has obtained cards from a majority of the employees in the agreed-upon
Collective Bargaining Unit, the parties will schedule a Secret Ballot Election
to take place no later than Fourteen (14) days from such notice to the company
by the Union. The Company will provide an opportunity for both the Union and the
Company to make short presentations to groups of employees in the proposed
Collective Bargaining unit. Such presentations will be reviewed by the parties
in advance.
After the presentations to the employees, the employees will be given an
opportunity to participate in a Secret Ballot Election for the purpose of
determining whether the Union will represent employees in the proposed
Collective Bargaining Unit. The election shall be conducted in accordance with
Struksness Construction Company. This means: (1) The Union must formally demand
recognition and advise the Company that it has authorization cards from a
majority of the employees in the agreed-upon proposed Collective Bargaining
Unit; (2) The employees must be told that the purpose of the election is to
determine whether the Union has majority status; (3) The Company will give
employees assurances that there will be no reprisals for engaging in protected
activity; (4) The employees will be polled by Secret Ballot; and (5) There may
be no Unfair Labor Practices or other activity that creates a coercive
atmosphere. The Company will recognize the Union as the representative of the
proposed/agreed Collective Bargaining Unit if a simple majority of the employees
cast votes to be represented by the Union.
_____________________ _____________________
Company Union
102
ARTICLE 30
UNION REPRESENTATION AND ACTIVITIES
(1) For the purpose of conducting legitimate Union business within the Plant,
Local Union officials, approximately 6, shall be allowed unpaid time for
the purpose of conducting such affairs provided that such activity shall
not interfere with the normal operation of the Plant.
The Local Union President shall be entitled to take time off without pay
for the purpose of conducting legitimate Local Union business.
The Union shall notify the Company in writing of the names of the Union
officials, and of any subsequent changes that may occur.
The Company agrees to pay Union Committeemen their scheduled straight time
Standard Base Wage Rate only for time actually attending meetings of any
Joint Committee provided for in this Agreement.
(2) Any Bargaining Unit employee who is required to be off work for official
Union business will notify the Company, as soon as possible, prior to going
on Union business. Any such time off shall be without pay.
(3) A leave of absence may be granted to a employee who is a delegate or
official of the Union to attend a Union convention or other similar Union
meetings. A maximum of twelve (12) employees may be granted such leave for
up to seven (7) business days without pay.
(4) A bargaining unit member shall have the right to request to see his Union
representative or other available official of the Union to discuss any
matter affecting his rights or privileges under the Agreement and any such
request shall not be unreasonably denied. Such member shall not leave his
job without the prior consent of his supervisor.
(5) A Union representative or other Union official shall, upon request to his
supervisor, be granted time off from his job for a reasonable period of
time to investigate or attempt to settle a dispute, or to discuss with a
bargaining unit member any matter affecting said member's rights or
privileges under the Agreement. Such Union representative or official shall
not leave his job without the prior consent of his supervisor and such
consent shall not be unreasonably withheld. Such time off shall be without
pay unless the presence of such representative or official is requested by
the Company.
(6) It is agreed between the parties that as of the effective date of this
Agreement, a reasonable number of International Representatives of the
Union or officially elected or appointed Local Union officials, and
Grievance Committeemen, shall have access to the Plant for the purpose of
conducting official Union business, provided, however, that such access
shall not interfere with the normal operation of the Plant. The names of
the aforementioned individuals will be furnished in writing to the Company
and shall be kept current at all times. It is further agreed that the
designated individuals referred to above will (i) register in and out at
the respective guard gate, and (ii) contact the appropriate Company
Representative being visited for the purpose of such official Union
business prior to conducting their Union business.
_____________________ _____________________
Company Union
103
(7) The Company shall provide a reasonable number of bulletin boards.
(8) LEAVE OF ABSENCE - UNION BUSINESS
Leave of absence for the purpose of accepting positions with the
International Union or Local Union shall be available to a reasonable
number of employees. Adequate notice of intent to apply for leave shall be
afforded Management to enable proper provision to be made to fill the job
to be vacated.
Leaves of absence for the purpose of accepting positions with the
International Union shall be for a period not in excess of three (3) years.
Leave of absence may be extended for an additional period equal to (i)
three years, or (ii) the excess, if any, of an employee's length of
continuous service at commencement of the leave of absence over three
years, whichever is less. Such person shall accumulate continuous service
for purposes of recall to employment and for all other purposes under this
Agreement, except pensions, provided that subsequent to the first day of
the following month he shall not be entitled to receive any contractual
benefits during the period of his leave of absence or receive retiree
health care benefits from the Company if he is eligible for coverage in the
International Union health care plan for retirees.
Leaves of absence for the purpose of accepting an elective position with
the Local Union shall be for a period not in excess of three years and may
be renewed for further periods of three years each.
Continuous service shall not be broken by the leave of absence, except as
set forth above with respect to International Union leave of absence, and
will continue to accrue.
_____________________ _____________________
Company Union
104
ARTICLE 31
LOCAL ISSUES
During the term of this Agreement, the Company shall continue the prior NSA
practice as to the following items:
1. the Fitness Center (excluding incentives)
2. service awards
3. Christmas gifts
4. scholarships
5. retirement gifts
6. the training facility and library
7. safety awards
8. fire brigade insurance
9. grills, stoves and refrigerators (the use of grills and stoves will
not be abused)
10. sports drinks
11. pro-rating of vacation for employees who die or retire
12. sending of flowers to funeral home for relatives covered under the
funeral leave program
13. $25. 00 gift certificates to all graduates including employees and
dependents
14. perfect attendance bonus-- to be paid in cash equivalent of bond value
at purchase
15. direct deposit at employee's option
_____________________ _____________________
Company Union
105
ARTICLE 32
SAVINGS PROVISION
In the event that any portion of this Agreement is found to violate any
applicable Federal or State law, the unlawful section shall be deemed to be
severed and shall not affect the validity of the remainder of this Agreement.
The parties shall promptly meet to re-negotiate that portion of the Agreement
found to be unlawful.
_____________________ _____________________
Company Union
106
ARTICLE 33
TERMINATION
Except as otherwise provided below, this Agreement shall terminate sixty
(60) days after either party shall give written notice of termination to the
other party, but in any event shall not terminate earlier than 12:01 A.M., April
1, 2006. If either party gives such notice, the parties shall meet within 30
days thereafter to negotiate with respect to rates of pay, hours of work and
other terms and conditions of employment. If the parties shall not agree with
respect to such matters by the end of sixty (60) days after the giving of such
notice, either party may thereafter resort to strike or lockout, as the case may
be, in support of its position in respect to such matters as well as any other
matter in dispute, but not earlier than 12:01 A.M., April 1, 2006.
Any notice to be given under this Agreement shall be given by registered
mail and addressed to the respective parties as follows:
Century Aluminum of Kentucky, LLC
X.X. Xxx 000 Xxxxxx Xxxxxxxxxxxx xx Xxxxxxx
1627 State Rt. 000 Xxxxx 0 Xxxxxxx Xxxxxx
Xxxxxxxxxx, XX 00000 Xxxxxxxxxx, XX 00000
_____________________ _____________________
Company Union
107
APPENDIX A
Standard Hourly Base Wage Rates
-----------------------------------------------------------------------------------------------------------------
Apr. 01, Apr. 01, Apr. 01, Apr. 01,
NSA 2001 2003 2004 2005 Job
Job Title Rate (.25) (.25) (.25) (.30) Job Code Grade
-----------------------------------------------------------------------------------------------------------------
Production Apprentice - A $10.07 $10.32 $10.57 $10.82 $11.12 A001
-----------------------------------------------------------------------------------------------------------------
Production Apprentice - B $10.60 $10.85 $11.10 $11.35 $11.65 B002
-----------------------------------------------------------------------------------------------------------------
Production Apprentice - C $11.13 $11.38 $11.63 $11.88 $12.18 C003
-----------------------------------------------------------------------------------------------------------------
Production Apprentice - D $11.66 $11.91 $12.16 $12.41 $12.71 D004
-----------------------------------------------------------------------------------------------------------------
Production Apprentice - E $12.19 $12.44 $12.69 $12.94 $13.24 E005
-----------------------------------------------------------------------------------------------------------------
Production Apprentice - F $12.72 $12.97 $13.22 $13.47 $13.77 F006
-----------------------------------------------------------------------------------------------------------------
Production Apprentice - G $13.25 $13.50 $13.75 $14.00 $14.30 G007
-----------------------------------------------------------------------------------------------------------------
Production Apprentice - H $13.78 $14.03 $14.28 $14.53 $14.83 H008
-----------------------------------------------------------------------------------------------------------------
Service Worker $13.71 $13.96 $14.21 $14.46 $14.76 1401 1
-----------------------------------------------------------------------------------------------------------------
Helper $13.71 $13.96 $14.21 $14.46 $14.76 1402 2
-----------------------------------------------------------------------------------------------------------------
Xxxxx Cleaner $14.13 $14.38 $14.63 $14.88 $15.18 5
-----------------------------------------------------------------------------------------------------------------
Utility $14.13 $14.38 $14.63 $14.88 $15.18 1403 5
-----------------------------------------------------------------------------------------------------------------
Tool Room Keeper $14.28 $14.53 $14.78 $15.03 $15.33 1499 6
-----------------------------------------------------------------------------------------------------------------
Machine Shop Utility $14.28 $14.53 $14.78 $15.03 $15.33 1502 6
-----------------------------------------------------------------------------------------------------------------
Sampler $14.28 $14.53 $14.78 $15.03 $15.33 1405 6
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $14.28 $14.53 $14.78 $15.03 $15.33 1440 6
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $14.42 $14.67 $14.92 $15.17 $15.47 1445 7
-----------------------------------------------------------------------------------------------------------------
Anode Cleaner $14.42 $14.67 $14.92 $15.17 $15.47 1462 7
-----------------------------------------------------------------------------------------------------------------
Maintenance Attendant $14.56 $14.81 $15.06 $15.31 $15.61 1508 8
-----------------------------------------------------------------------------------------------------------------
Mobile Equipment Operator $14.56 $14.81 $15.06 $15.31 $15.61 1408 8
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $14.56 $14.81 $15.06 $15.31 $15.61 1449 8
-----------------------------------------------------------------------------------------------------------------
Cleaning Machine Operator $14.56 $14.81 $15.06 $15.31 $15.61 1407 8
-----------------------------------------------------------------------------------------------------------------
Scrubber Helper $14.56 $14.81 $15.06 $15.31 $15.61 1409 8
-----------------------------------------------------------------------------------------------------------------
Rodding Room Assistant $14.70 $14.95 $15.20 $15.45 $15.75 1413 9
-----------------------------------------------------------------------------------------------------------------
Metal Handler - Casting $14.70 $14.95 $15.20 $15.45 $15.75 1414 9
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $14.70 $14.95 $15.20 $15.45 $15.75 1450 9
-----------------------------------------------------------------------------------------------------------------
Conveyor Operator $14.70 $14.95 $15.20 $15.45 $15.75 1411 9
-----------------------------------------------------------------------------------------------------------------
Tool Assistant $14.70 $14.95 $15.20 $15.45 $15.75 1406 9
-----------------------------------------------------------------------------------------------------------------
Relief Worker $14.84 $15.09 $15.34 $15.59 $15.89 1464 10
-----------------------------------------------------------------------------------------------------------------
Saw Operator - Metal Serv. $14.84 $15.09 $15.34 $15.59 $15.89 1466 10
-----------------------------------------------------------------------------------------------------------------
Scale Operator - Metal Serv. $14.84 $15.09 $15.34 $15.59 $15.89 1463 10
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $14.84 $15.09 $15.34 $15.59 $15.89 1459 10
-----------------------------------------------------------------------------------------------------------------
Pig Stacker Operator $14.84 $15.09 $15.34 $15.59 $15.89 1525 10
-----------------------------------------------------------------------------------------------------------------
Cell Reliner - A $14.84 $15.09 $15.34 $15.59 $15.89 1483 10
-----------------------------------------------------------------------------------------------------------------
Crane Operator - Bake $14.99 $15.24 $15.49 $15.74 $16.04 1416 11
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $14.99 $15.24 $15.49 $15.74 $16.04 1460 11
-----------------------------------------------------------------------------------------------------------------
Special Equipment Operator $14.99 $15.24 $15.49 $15.74 $16.04 1506 11
-----------------------------------------------------------------------------------------------------------------
Mixer Operator $14.99 $15.24 $15.49 $15.74 $16.04 1420 11
-----------------------------------------------------------------------------------------------------------------
Bath Crusher Operator $14.99 $15.24 $15.49 $15.74 $16.04 1412 11
-----------------------------------------------------------------------------------------------------------------
Molten Metal Driver $14.99 $15.24 $15.49 $15.74 $16.04 1457 11
-----------------------------------------------------------------------------------------------------------------
Shipper $14.99 $15.24 $15.49 $15.74 $16.04 1439 11
-----------------------------------------------------------------------------------------------------------------
Press Operator $14.99 $15.24 $15.49 $15.74 $16.04 1419 11
-----------------------------------------------------------------------------------------------------------------
Storeroom Clerk $14.99 $15.24 $15.49 $15.74 $16.04 1421 11
-----------------------------------------------------------------------------------------------------------------
Oiler $15.14 $15.39 $15.64 $15.89 $16.19 1461 12
-----------------------------------------------------------------------------------------------------------------
Repair Welder - Rodding $15.26 $15.51 $15.76 $16.01 $16.31 1422 13
-----------------------------------------------------------------------------------------------------------------
_____________________ _____________________
Company Union
108
-----------------------------------------------------------------------------------------------------------------
Apr. 01, Apr. 01, Apr. 01, Apr. 01,
NSA 2001 2003 2004 2005 Job
Job Title Rate (.25) (.25) (.25) (.30) Job Code Grade
-----------------------------------------------------------------------------------------------------------------
Carrier Repair - Rodding $15.26 $15.51 $15.76 $16.01 $16.31 13
-----------------------------------------------------------------------------------------------------------------
Furnace Operator - Spray $15.26 $15.51 $15.76 $16.01 $16.31 1426 13
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $15.26 $15.51 $15.76 $16.01 $16.31 1470 13
-----------------------------------------------------------------------------------------------------------------
Xxxxxxxx Operator $15.42 $15.67 $15.92 $16.17 $16.47 1423 14
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $15.42 $15.67 $15.92 $16.17 $16.47 1477 14
-----------------------------------------------------------------------------------------------------------------
On-Job Train - Maint. 2 $15.42 $15.67 $15.92 $16.17 $16.47 1512 14
-----------------------------------------------------------------------------------------------------------------
Xxxxxxxx/Oxyfuel Furnace Operator $15.42 $15.67 $15.92 $16.17 $16.47 14
-----------------------------------------------------------------------------------------------------------------
Furnace Operator - Bake $15.42 $15.67 $15.92 $16.17 $16.47 1425 14
-----------------------------------------------------------------------------------------------------------------
Assistant Cell Operator $15.56 $15.81 $16.06 $16.31 $16.61 1503 15
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $15.56 $15.81 $16.06 $16.31 $16.61 1478 15
-----------------------------------------------------------------------------------------------------------------
Scrubber Operator $15.56 $15.81 $16.06 $16.31 $16.61 1428 15
-----------------------------------------------------------------------------------------------------------------
Pig Caster Operator $15.56 $15.81 $16.06 $16.31 $16.61 1523 15
-----------------------------------------------------------------------------------------------------------------
Assistant Utility Operator $15.56 $15.81 $16.06 $16.31 $16.61 1529 15
-----------------------------------------------------------------------------------------------------------------
FCE-Equip Oper.- D.C. Unit $15.56 $15.81 $16.06 $16.31 $16.61 1521 15
-----------------------------------------------------------------------------------------------------------------
FCE-Equip Oper.-Pig Caster $15.56 $15.81 $16.06 $16.31 $16.61 1522 15
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $15.71 $15.96 $16.21 $16.46 $16.76 1479 16
-----------------------------------------------------------------------------------------------------------------
Cell Reliner - B $15.71 $15.96 $16.21 $16.46 $16.76 1481 16
-----------------------------------------------------------------------------------------------------------------
Unloading Operator $15.71 $15.96 $16.21 $16.46 $16.76 1418 16
-----------------------------------------------------------------------------------------------------------------
On-Job Train - Maint. 3 $15.71 $15.96 $16.21 $16.46 $16.76 1513 16
-----------------------------------------------------------------------------------------------------------------
Service Crafts Trainee 1 $15.84 $16.09 $16.34 $16.59 $16.89 1410 17
-----------------------------------------------------------------------------------------------------------------
Green Mill Operator $15.84 $16.09 $16.34 $16.59 $16.89 1429 17
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $15.84 $16.09 $16.34 $16.59 $16.89 1480 17
-----------------------------------------------------------------------------------------------------------------
D.C. Caster $16.00 $16.25 $16.50 $16.75 $17.05 1430 18
-----------------------------------------------------------------------------------------------------------------
Cell Reliner - C $16.00 $16.25 $16.50 $16.75 $17.05 1505 18
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $16.00 $16.25 $16.50 $16.75 $17.05 1487 18
-----------------------------------------------------------------------------------------------------------------
On-Job Train - Maint. 4 $16.00 $16.25 $16.50 $16.75 $17.05 1514 18
-----------------------------------------------------------------------------------------------------------------
Service Crafts Trainee 2 $16.13 $16.38 $16.63 $16.88 $17.18 1415 19
-----------------------------------------------------------------------------------------------------------------
Utilities Operator $16.13 $16.38 $16.63 $16.88 $17.18 1467 19
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $16.13 $16.38 $16.63 $16.88 $17.18 1488 19
-----------------------------------------------------------------------------------------------------------------
Cell Operator $16.13 $16.38 $16.63 $16.88 $17.18 1504 19
-----------------------------------------------------------------------------------------------------------------
On-Job Train - Maint. 5 $16.27 $16.52 $16.77 $17.02 $17.32 1515 20
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $16.27 $16.52 $16.77 $17.02 $17.32 1489 20
-----------------------------------------------------------------------------------------------------------------
Heavy Equipment Operator $16.41 $16.66 $16.91 $17.16 $17.46 1526 21
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $16.41 $16.66 $16.91 $17.16 $17.46 1490 21
-----------------------------------------------------------------------------------------------------------------
Service Craftsperson -A $16.41 $16.66 $16.91 $17.16 $17.46 1434 21
-----------------------------------------------------------------------------------------------------------------
On-Job Train - Maint. 6 $16.57 $16.82 $17.07 $17.32 $17.62 1516 22
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $16.57 $16.82 $17.07 $17.32 $17.62 1491 22
-----------------------------------------------------------------------------------------------------------------
Garage Mechanic -A $16.70 $16.95 $17.20 $17.45 $17.75 1441 23
-----------------------------------------------------------------------------------------------------------------
Rectifier Operator -A $16.70 $16.95 $17.20 $17.45 $17.75 1436 23
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $16.70 $16.95 $17.20 $17.45 $17.75 1492 23
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $16.84 $17.09 $17.34 $17.59 $17.89 1493 24
-----------------------------------------------------------------------------------------------------------------
Mechanical/Electrical Facilitator $16.98 $17.23 $17.48 $17.73 $18.03 1417 25
-----------------------------------------------------------------------------------------------------------------
Electrician -A $16.98 $17.23 $17.48 $17.73 $18.03 1437 25
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $16.98 $17.23 $17.48 $17.73 $18.03 1494 25
-----------------------------------------------------------------------------------------------------------------
Mechanic -A $16.98 $17.23 $17.48 $17.73 $18.03 1435 25
-----------------------------------------------------------------------------------------------------------------
Predictive Maintenance Mech. - A $16.98 $17.23 $17.48 $17.73 $18.03 25
-----------------------------------------------------------------------------------------------------------------
Machinist-A $16.98 $17.23 $17.48 $17.73 $18.03 1443 25
-----------------------------------------------------------------------------------------------------------------
_____________________ _____________________
Company Union
109
-----------------------------------------------------------------------------------------------------------------
Apr. 01, Apr. 01, Apr. 01, Apr. 01,
NSA 2001 2003 2004 2005 Job
Job Title Rate (.25) (.25) (.25) (.30) Job Code Grade
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $17.14 $17.39 $17.64 $17.89 $18.19 1495 26
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $17.27 $17.52 $17.77 $18.02 $18.32 1496 27
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $17.42 $17.67 $17.92 $18.17 $18.47 1498 28
-----------------------------------------------------------------------------------------------------------------
Temporary Relief Supervisor $17.55 $17.80 $18.05 $18.30 $18.60 1500 29
-----------------------------------------------------------------------------------------------------------------
_____________________ _____________________
Company Union
110
Tentative Agreement
September 25, 2000
LETTER OF AGREEMENT
Xx. Xxxxxx X. Xxxxxxx
Staff Representative
United Steelworkers of America
0000 Xxxxxxx Xxxxx
Xxxxxxxxx, XX 00000
RE: Omissions or Errors in the Collective Bargaining Agreement
Dear Xx. Xxxxxxx:
During the 2000 Negotiations the parties recognized that given the exigent
circumstances surrounding contract approval, some of the contract provisions may
require correction so as to reflect the parties' intentions as expressed in
those negotiations. Accordingly, it is agreed that all omissions and errors in
the Agreement terms would be corrected as soon as possible and the Agreement
will be finalized upon such corrections, if any. Likewise, omissions and errors
in the Settlement Agreement will be corrected.
Sincerely,
----------------------
Agreed: /s/ Xxxxxx X. Xxxxxxx
---------------------
Dated:
----------------------
111
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their duly authorized representatives:
CENTURY ALUMINUM OF WEST VIRGINIA, LLC UNITED STEEL WORKERS OF AMERICA,
ALF-CIO-CLC
/s/ X. X. Nessini /s/ Xxx X. Xxxxxx
-------------------------------------- ------------------------------------
CHIEF NEGOTIATOR XXX X. XXXXXX, INT'L. PRESIDENT
/s/ Xxxxx X. English
------------------------------------
XXXXX X. ENGLISH, INT'L. SECY -
TREAS.
/s/ Xxxxxxx X. Xxxxx
------------------------------------
XXXXXXX XXXXX, INT'L. V. PRES., ADM.
/s/ Xxxx Xxxxx
------------------------------------
XXXX XXXXX, INT'L V. PRES., H.
AFFAIRS
/s/ Xxxxxx X. "Xxxxx" Xxxxxxxx
------------------------------------
XXXXXX X. "XXXXX" XXXXXXXX, DIR.,
DIST. 8
/s/ Xxxxxx Xxxxxxx
------------------------------------
XXXXXX XXXXXXX, STAFF
REPRESENTATIVE
NEGOTIATING COMMITTEE, LU 9423
/s/ Xxxx X. Xxxxxxxx
------------------------------------
/s/ Xxxx X. Xxxxx
------------------------------------
/s/ Xxxxxxx X. Eaynor
------------------------------------
/s/ Xxxxxxx X. Moarman
------------------------------------
112
