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THE STANLEY WORKS ACCESS TECHNOLOGIES AND HAND TOOLS) and Lodge No. 1249 INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT 26 * *
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TABLE OF CONTENTS Article Page
Agreement.............................................
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AGREEMENT
THIS AGREEMENT, dated May 13, 2006, is by and between THE STANLEY WORKS, (STANLEY TOOLS AND STANLEY ACCESS TECHNOLOGIES) New Britain, Connecticut, or their successors and assigns, hereinafter called the “Company”, and LOCAL LODGE NO. 1249 of DISTRICT 26, of the International Association of Machinists and Aerospace Workers, AFL-CIO, hereinafter called the “Union”, on behalf of the employees of the Company at 600 Myrtle Street, New Britain, Connecticut and 65 Scott Swamp Road, Farmington, Connecticut, as set forth in Article 1 hereof. In the event that the Company moves any existing Division or part thereof from any of the above defined locations, to a new facility within reasonable commuting distance within the State of Connecticut and within the jurisdiction of LOCAL LODGE NO. 1249, and the majority of the bargaining unit employees at such new facility were transferred from this bargaining unit, or a majority of such employees demonstrate their desire to be represented by such Union, the Company agrees to continue to recognize the Local Lodge as the Bargaining Agency for all bargaining unit employees at the new facility and the provisions of the Collective Bargaining Agreement between the parties in effect shall continue to apply to employees at such new facility. In the event that the Company moves any existing Division or part thereof from any of the above defined locations to a new facility within the State of Connecticut but outside the jurisdiction of LOCAL LODGE NO. 1249, the Company agrees to recognize the International Association of Machinists and Aerospace Workers, AFL-CIO, as the bargaining agency for production and maintenance employees at the new facility upon the demonstration by the Union that the majority of such employees desire to be represented by such Union.
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PURPOSEWHEREAS, the parties hereto desire to provide methods for a fair and peaceful adjustment of all disputes that may arise between the Company and the Union. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter entered into and for other good and valuable considerations, the parties hereto agree as follows:
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ARTICLE 1 Bargaining Unit 1.1 The Company herein recognizes the Union as
the sole and exclusive Agency for the purpose of collective bargaining for
all employees in the classifications listed in Exhibit "A" and Exhibit "B",
Wage Schedules, employed in the
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ARTICLE 2Recognition2.1 The Company will negotiate and bargain collectively with the Union through its duly chosen representatives in all matters pertaining to rates of pay, wages, hours and other employment conditions for all of the employees in the unit hereinbefore set forth.
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ARTICLE 3 Discrimination 3.1 The Company agrees that there shall be no discrimination against any employee because of his activity on behalf of the Union as a member, officer or duly authorized representative. The Union agrees that there shall be no Union activity during working hours except that which is herein provided. 3.2 Both parties mutually agree that there shall be no discrimination or coercion practiced toward any employee nor shall preference of employment be suggested or given to any employee because of the making of this Agreement. 3.3 It is agreed that there will be no discrimination against any employee because of age, race, color, creed, sex, national origin, veteran status, disability, or for any other reason, and the provisions of this Agreement shall be applied to all employees equally, without discrimination. 3.4 Each reference to employees contained in this Agreement shall be deemed to apply to both male and female employees regardless of the gender implied in that reference.
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ARTICLE 4 Check Off 4.1 Upon receipt of a signed authorization of the employee involved, the Company shall deduct from the employee's wages the initiation fee or reinstatement fee and dues payable by him to the Union during the period provided for in said authorization. Authorization for deductions received by the Human Resources Department on or before the (5th) day of the month shall become effective during said month. 4.2 Deductions provided for in Paragraph 4.1 shall be made from wages earned in the third full payroll week in the month and remitted to the Financial Secretary of the Union, or any other designated party at the request of the President of the Lodge, no later than the fifteenth (15th) day of the current month. The Company shall furnish the Financial Secretary of the Union monthly an alphabetical listing of those for whom deductions have been made as well as a record of those for whom no deductions have been made and changes in the check off list. The Company agrees to make a double dues deduction when any one month's deduction has been missed. 4.3 The parties agree that check off authorizations shall be in the following form. AUTHORIZATION FOR DEDUCTION OF UNION DUES AND INITIATION FEES "I hereby authorize The Stanley Works to deduct from my wages the sum of ____________ dollars as initiation fees in three weekly payments, one payment to be deducted on each of the three regular weekly pay periods following the date of this authorization and on the first deduction period following the 30th day of employment the sum of _____________ dollars as membership dues. "The sums thus to be deducted are to be remitted by the Company to the proper officials of the Union. The amount of initiation fee, reinstatement fee or dues can be changed upon written notification signed by the Financial Secretary of Local Lodge 1249. "This authorization is voluntarily granted and it is understood that this authorization will continue for the life of the current Agreement, and any extension thereof, or for one year, whichever is shorter, or sooner if my employment is terminated or I am promoted or transferred to a classification outside of the bargaining unit. "This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above and each subsequent yearly period shall be similarly irrevocable unless revoked by me during the fifteen (15) day period immediately following the expiration date of this Agreement or following the expiration of any yearly irrevocable period. "Such revocation shall be effective by written notice sent by registered or certified mail to the Employer and the Union within such fifteen (15) day period. Dated ______________________ _______________________ Employee ___________________ ________________ _______________________ Dept. Clock No. Witness Effective Date of Employment ___________________________________" 4.4 The parties agree that the following form will be utilized to make political action wage deductions: "MACHINISTS NON-PARTISAN POLITICAL LEAGUE Political Action Wage Deduction Authorization Card I ______________________, _____________________________, hereby (Name of Employee) _____ (Clock/Soc. Security No.) authorize and direct The Stanley Works to deduct monthly from my wages the sum of $_____________ and forward this amount monthly to the Treasurer of the Machinists Non-Partisan Political League at 9000 Machinist Place, Upper Marlboro, MD, 20772-2687. I have executed this wage deduction authorization voluntarily without any coercion, duress, or intimidation and none of the monies deducted are a part of my dues or membership fees to the local union. This authorization and the making of payments to MNPL are not conditions of membership in the Union or of employment with the Company and I understand that the money will be used by MNPL to make contributions and expenditures in connection with Federal Elections. __________________________________ ______________________ (Employee's Signature) (Date)" 4.5 The Union shall indemnify and save the Company harmless against any and all claims, demands, suits, or forms of liability that shall arise out of this Article or result from making of the wage deductions herein provided.
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ARTICLE 5 Hours of Work5.1 The normal work week shall be forty (40) hours, eight (8) hours per day, five (5) days per week, Monday through Friday inclusive. 5.2 The work day shall be a twenty-four (24) hour period beginning at the start of the employee's regular scheduled shift. The pay week shall begin at 12:00 a.m. Sunday and end at 11:59 p.m. Saturday. 5.3(a) Attached hereto as Exhibit C is the current regular normal schedule of shifts. It is the intent of the parties promptly to implement the number of hours per shift that the Company requires to meet the necessary workload. The normal schedule will be 7:00 a.m. to 3:30 p.m. for the first shift (with an unpaid 30 minute meal break), 3:00 p.m. to 11:30 p.m. for the second shift (with an unpaid 30 minute meal break), and 11:00 p.m. to 7:30 a.m. for the third shift (with an unpaid 30 minute meal break). The Company shall determine which daily and weekly work schedules it will operate and the Company may change such schedules to meet production demands or other business needs. Nothing contained herein shall be construed to be an assurance of hours of work per day or per week. 5.3(a)(i). The needs of the business may require that the Company adopt a continuous operation schedule in some or all areas of a plant. The Company shall provide the Union with at least 15 calendar days notice before implementing such a schedule of continuous operations and 15 calendar days notice before eliminating such a schedule of continuous operation. When, in its discretion, the Company finds it necessary to schedule all or part of the plant on such a continuously operating schedule, the Company and Union shall meet to discuss which type of schedule best meets the needs of the business and employees affected. If, after five business days, the Company and Union are not able to agree on a continuous operations work schedule, the Company will select and implement the schedule that best meets the overall needs of the business. Employees assigned to work on Saturdays and/or Sundays will be paid ten percent (10%) weekend work bonus on total earnings for all hours worked during such days. Effective May 13, 2000, the Company foresees the possible need, and may choose to implement, continuous operations in the following areas: Fat Max Assembly, the Maximum Steel ACT II, TK, and Major Equipment areas of the Hand Tools plant, and the Diamond Series and Slide areas of the Access Technologies plant. If, during the life of this Agreement, the Company found it necessary to implement a continuously operating schedule in areas other than those listed above, it would meet with the Union for the purpose of discussing the issue, and to choose a mutually agreeable schedule to address that business need. The Company’s decision to implement a continuous operating schedule would be a material change that would enable the incumbents in the department to exercise their seniority rights. The Company shall then fill such shifts by first offering the most senior people in the affected classifications the opportunity to bid on the positions, as outlined in Article 17.4. Time and one-half shall be paid in each or any of the following instances, and each instance shall not be dependent on any other instance. · all unscheduled hours worked · all hours worked on an employee’s 4th, 5th, or 6th consecutive work day (provided such day is not a regularly scheduled work day) · all hours worked over 40 hours Double time shall be paid in any, or each, of the following instances, and each instance shall not depend on any other instance · all hours worked on the employee’s 7th consecutive work day · all hours worked on a scheduled holiday · all hours worked on call-in pursuant to Article 6.2(c) Holidays are paid in accordance with Article 9.4(a). Bereavement, jury duty and military leave will be paid in accordance with Article 28, Article 30 and Article 32 respectively. There shall be no pyramiding of overtime and the provisions contained in Articles 6.1(d), 6.2(a), and 6.2(e) shall not apply to employees scheduled to work such continuously operating shifts. The parties agree that benefits and other contractual privileges currently enjoyed, and not addressed in Article 5.3(a)(i) shall not be adversely impacted, by the implementation of this Article. (b) In the event that it becomes necessary because of lack of work to reduce any departmental work schedule below forty (40) hours per week, five (5) days per week, or eight (8) hours per day, the parties shall meet to consider and mutually agree upon the most appropriate and effective method to address the situation. Remedies may include either a reduction in hours, or a furlough of employees by senior volunteer in rotation, weekly for duration of Agreement, to meet the prevailing work load. The Company shall keep a record of employees volunteering or declining to be furloughed in a department. All such records will be adjusted to “zero” and begun anew every January 1. The parties agree that a decision will be reached in the shortest time possible. The Company shall notify the Union 48 hours in advance of any furlough, whenever possible. If mutual agreement is not reached, the Company may elect to lay off affected employees in accordance with the terms of this Agreement. (c) Furloughs lasting for periods of complete weeks will be split among more than one employee in a manner most equitable to the affected employees and Company. 5.4 Any employee who is called in before his regular starting time or is required to work during his lunch period shall be granted the opportunity of working out his regular scheduled hours. 5.5 The Company will not make changes in shift hours prior to negotiating with the Union for the purpose of avoiding overtime payments or for individual employees where the result would be to adversely affect overtime earnings.
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ARTICLE 6 Overtime 6.1 Time and one-half shall be paid in each or any of the following instances, and each instance shall not be dependent on any other instance. (a) All time worked in excess of eight (8) hours in any one work day. (b) All time worked in excess of forty (40) hours in any one work week. (c) All time worked before or after the regular starting and quitting time of the employee's regular scheduled shift. (d) All time worked on Saturday. (e) All time worked during the established unpaid shift lunch period. 6.2 Double time shall be paid in any, or each, of the following instances, and each instance shall not depend on any other instance. (a) All time worked on Sunday. (b) All time worked on any of the recognized Holidays listed in Article 9, in addition to holiday pay. (c) All time worked on call in. (d) All hours in excess of eight (8) worked on Saturday. (e) All time worked on Saturday following a holiday on the preceding day. 6.3 (a) The Company shall make every reasonable effort to distribute overtime as equally as possible among employees within a classification within their respective departments. The parties agree to the concept of assignment of overtime to the employee lowest on the overtime list who is capable of performing the work. (b) The Company shall keep a record of overtime work performed and declined by employees in a department. Such record will be available upon request and may be posted by the Union in the department. (c) Overtime records will be up-dated by Wednesday of the week following the week in which overtime was worked. (d) New employees entering, employees transferring to another classification or department, employees rehired from layoff, or apprentices on attaining journeyman status in a department shall be charged on the overtime records with the same number of overtime hours as the employee with the greatest number of overtime hours in the classification within the department. Employees returning from leave of absence will retain their same relative position on the overtime list as when they commenced leave. (e) If the record of overtime in a classification in
any department becomes unreasonably unbalanced and the Union brings such a
condition to the notice of the Supervisor and 6.4 For purposes of equal distribution of overtime, employees who decline to work in excess of the regular schedule of eight (8) hours per day and forty (40) hours per week shall be charged as though they had worked. However, employees will not be charged for declining to work overtime in the following situations: (a) If notice for weekend overtime is given after end of the employee's shift on Thursday. If coverage for such necessary weekend work is not obtained from volunteers, the employee lowest on the overtime list in the classification(s) required shall be scheduled and charged. (b) If notice for work on a holiday is not given forty-eight (48) hours prior to the holiday. (c) If a death occurs in the employee's immediate family after he accepts the overtime assignment but prior to reporting to work. 6.5 While overtime work is considered to be voluntary, employees are expected to fully cooperate in working overtime made necessary so that customers may be supplied on schedule. When individual employees are needed to perform overtime work, such individuals will be given twenty-four (24) hours' advance notice whenever possible. Employees may decline to work overtime for reasonable excuse. In such case, the Company will attempt to obtain other employees of the department within the classification required who are capable of and willing to perform the work. In the event that the Company is unable to obtain the necessary personnel on a voluntary basis to perform the work needed to maintain production or maintenance schedules, the Company will notify the Union of such difficulty. The Union will attempt to obtain employees who are able to perform the necessary work; if the Union is unable to do so prior to the end of the shift it will notify the Company and the employees who are lowest on the overtime distribution list in the required classification in the department involved who are able to perform the work shall perform the work. In such case this requirement will continue until such time as the Company and the Union have resolved the difficulty. Immediately upon solution of such difficulty, overtime work for the employees involved will revert to a voluntary basis. 6.6 (a) Any employee who has worked more than the regular schedule of hours on any day will be offered the opportunity to complete the scheduled hours of the department for that week in addition to the overtime hours he has worked. (b) Overtime hours scheduled on each shift for Saturday in a department will not normally exceed the daily shift schedule worked during that week on that shift in that department. However, all hours in excess of eight (8) worked on Saturday will be paid at double time (2x). 6.7 There shall be no pyramiding of overtime premium payments. Therefore, no employee shall receive more than one overtime premium payment for any time worked although such time may be overtime premium time under more than one provision of this Article. 6.8 Holidays not worked falling in the regular work week shall be considered as hours worked for purposes of this Article.
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ARTICLE 7 Reporting and Call In Time 7.1 In the event an employee reports for work on his regular shift without having been previously notified not to report, he shall be given at least four (4) hours' work within his classification, or if no work is available in his classification, he shall be given four (4) hours' pay. 7.2 An employee shall be deemed to have been requested to report on his regular shift unless notified by an authorized Company representative to the contrary at or before the close of the previous day's shift. The parties agree that the provisions of this Article shall not be used to avoid the requirements of Article 17. 7.3 There will be no obligation for the Company to pay "report in pay" as set forth in this Article in the event of floods, fires, major power or mechanical breakdowns or other occurrences beyond the Company's control in the event such causes beyond the Company's control occur after the close of the previous shift. 7.4 (a) An employee called in from home or called back after leaving Company premises (Company Gates) for work outside of his regularly scheduled hours or assigned duties or called in from home on his day off shall be given at least four (4) hours' work or four (4) hours' pay. Pay for hours worked shall be at double time. In the event that less than four (4) hours are worked, then the difference between the time worked and four (4) hours shall be paid at straight time. (b) In the event an employee is called in to work prior to the start of his regular shift and such regular shift commences prior to the completion of four (4) hours of call in time, the employee will be paid no less than two (2) hours at double time for such hours worked prior to the start of the regular shift.
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ARTICLE 8 Wages 8.1 The Wage Schedule, shown in Exhibit A (1), and the Apprentice Rate Schedule, shown in Exhibit B (1), become effective May 13, 2006. 8.2 The Wage Schedule, shown in Exhibit A (2), and the Apprentice Rate Schedule, shown in Exhibit B (2), become effective May 13, 2007. On such date the wage rate of each employee covered by the terms of this Agreement shall be increased by an amount equal to the amount of increase of the employee's progression step within the Rate Range of such employee's job classification. 8.3 The Wage Schedule, shown in Exhibit A (3), and the Apprentice Rate Schedule, shown in Exhibit B (3), become effective May 13, 2008. On such date the wage rate of each employee covered by the terms of this Agreement shall be increased by an amount equal to the amount of increase of the employee's progression step within the Rate Range of such employee's job classification. 8.4 The Wage Schedule, shown in Exhibit A (4), and the Apprentice Rate Schedule, shown in Exhibit B (4), become effective May 13, 2009. On such date the wage rate of each employee covered by the terms of this Agreement shall be increased by an amount equal to the amount of increase of the employee's progression step within the Rate Range of such employee's job classification. 8.5 The rates of pay for all employees covered by the terms of this Agreement shall be in accordance with the wage schedules annexed hereto and made a part of this Agreement, marked Exhibit A and Exhibit B. 8.6 Nothing contained herein shall prevent the Company from granting wage increases to individual employees in advance of the time specified by the automatic progression schedule. 8.7 The minimum and maximum rates of pay for each job classification rate range are set forth in Exhibit A, Wage Schedule. Employees shall be paid not less than minimum of the rate range of the job to which they are assigned. (a) Employees in the following classifications shall automatically progress from the minimum rate of their classification to the maximum rate of their classification in accordance with the following schedule: Trades Helper (1) Minimum rate to second step - after two (2) months of active employment at minimum rate. (2) Second step to third step - after two (2) months of active employment at second step. (3) Third step to fourth step - after two (2) months of active employment at third step. (b) Employees in the following classifications shall automatically progress from the minimum rate of their classification to the maximum step of their classification in accordance with the following schedule: Jig Borer Stores Keeper Painter Welder (1) Minimum rate to second step - after three (3) months of active employment at minimum rate. (2) Second step to third step - after three (3) months of active employment at second step. (3) Third step to fourth step - after three (3) months of active employment at third step. (c) Employees in the following classifications shall automatically progress from the minimum rate of their classification to the maximum step of their classification in accordance with the following schedule: Truck Driver-Mail Work Supervisor - A & D Dock (1) Minimum rate to second step - after three (3) months of active employment at minimum rate. (2) Second step to third step - after three (3) months of active employment at second step. (d) Employees in the following classifications shall automatically progress from the minimum rate of their classification to the maximum step of their classification in accordance with the following schedule: Carpenter-Steelworker Plumber & Steam Fitter Electrician Sheet Metal (Tinner) Machinist Tool, Die & Gauge Maker Welder-Tooling and Machine Parts (1) Minimum rate to second step - after three (3) months of active employment at minimum rate. (2) Second step to third step - after three (3) months of active employment at second step. (3) Third step to fourth step - after six (6) months of active employment at third step. (4) Fourth step to fifth step - after six (6) months of active employment at fourth step. (e) Employees will be eligible to automatically progress to the next higher progression step in each Rate Range on the basis of the time specified in the appropriate Progression Schedule. (f) Time spent in one job classification shall not be counted as time spent in a higher job classification but time spent in a higher job classification shall be counted as time spent in a lower job classification for purposes of this Section. However, nothing in this Section shall prevent an employee on the basis of demonstrated performance from advancing to the next higher step in the rate range sooner than the above specified periods of time. (g) Periods of absence due to layoff, extended illness or leave of absence shall not be included in the computation of time spent in a job classification. However, intermittent absences shall not be deducted from time spent in a job classification. 8.8 (a) Employees assigned to a second or third shift as set forth in Exhibit C and who are scheduled to work the majority of their hours during the week on such second or third shift will be paid ten percent (10%) night work bonus on total earnings for all hours worked during such week. (b) If less than a majority of hours scheduled during a week are on a second or third shift, the employee will be paid night work bonus on all earnings received for only the hours worked on such second or third shift. (c) The night work bonus will be paid for all hours worked when an employee works two full consecutive shifts or any 16 hours consecutively worked. The night bonus will apply to all earnings received during such two (2) full consecutive shift periods. 8.9 Employees so assigned will receive twenty-five cents (.25¢) per hour in addition to their regular rate for all hours spent working on suspended swing staging or bosun chairs when such work is at the second floor or above, when operating a jack hammer, when spray painting or when required by the Company to wear full chemical protection clothing including gloves and boots.
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ARTICLE 9 Holidays 9.1 The recognized holidays shall be: A. For the year 2006: (7 holidays) Memorial Day Monday May 29 Independence Day Monday July 3 Independence Day Tuesday July 4 Labor Day Monday September 4 Thanksgiving Thursday November 23 Day after Thanksgiving Friday November 24 Christmas Holiday Monday December 25 B. For the year 2007 (11 holidays) New Year Monday January 1 Martin Luther King Day Monday January 15 Good Friday Friday April 6 Memorial Day Monday May 28 Independence Day Wednesday July 4 Labor Day Monday September 3 Thanksgiving Thursday November 22 Day after Thanksgiving Friday November 23 Christmas Holiday Monday December 24 Christmas Holiday Tuesday December 25 New Year Monday December 31 C. For the year 2008: (12 holidays) New Year Tuesday January 1 Martin Luther King Day Monday January 21 Good Friday Friday March 21 Memorial Day Monday May 26 Independence Day Thursday July 3 Independence Day Friday July 4 Labor Day Monday September 1 Thanksgiving Thursday November 27 Day after Thanksgiving Friday November 28 Christmas Holiday Wednesday December 24 Christmas Holiday Thursday December 25 Christmas Holiday Friday December 26 *No New Year’s Eve D. For the year 2009: (11 holidays) New Year Thursday January 1 New Year Friday January 2 Martin Luther King Day Monday January 19 Good Friday Friday April 10 Memorial Day Monday May 25 Independence Day Friday July 3 Labor Day Monday September 7 Thanksgiving Thursday November 26 Day after Thanksgiving Friday November 27 Christmas Holiday Thursday December 24 Christmas Holiday Friday December 25 * No New Year’s Eve E. For the year 2010 (3 holidays): New Year Friday January 1 Martin Luther King Day Monday January 18 Good Friday Friday April 2 9.2 Recognized holidays not worked shall be paid for on the following basis, and employees shall be eligible for holiday pay provided: (a) Employee has thirty (30) days of seniority as of the date of the holiday. (b) Employee works for at least half of scheduled working hours on the last scheduled work day prior to and for at least half of the scheduled working hours on the next scheduled work day after the holiday; except that an employee will be permitted to work less than half of the scheduled working hours or be permitted to be absent entirely on the qualifying days for any four (4) recognized holidays during the contract year without being disqualified from receiving holiday pay, provided that employees give forty-eight (48) hours' notice to their supervisor concerning such absences whenever possible. For purposes of this Section, Saturday and Sunday will not be considered qualifying days for holiday pay. (c) Employee is scheduled to work in the week that the holiday occurs. Where a recognized holiday occurs during an employee's scheduled vacation period and he is absent from work because of such vacation, he shall be entitled to an additional day off with pay equal to his holiday pay which day shall be taken either on the last work day immediately preceding the vacation or the first work day immediately following the vacation to be determined in advance by notification from the employee to his supervisor. If employee is working intermittently on the basis of one week off and one week on, then for the purpose of this Section he shall be considered to be scheduled to work in the week that the holiday occurs even if this is the week that he is off under such an intermittent arrangement. (d) Holiday falls on scheduled work day of the department where the employee is listed. If the work week is reduced below five (5) days and a holiday falls on any one of the five (5) days, Monday through Friday inclusive, such holiday is, nevertheless, for the purpose of this Section, considered to be a scheduled work day of the employee. 9.3 Employees on sick leave who have worked any time in the ninety (90) days immediately prior to the holiday or the thirty (30) days immediately following the holiday and who otherwise qualify, will be eligible for holiday pay. This limitation does not apply to employees absent due to a compensable injury who shall receive holiday pay regardless of duration of absence. This holiday pay will not be subject to the normal weekly deduction for insurance premiums. 9.4(a) Holiday pay for each employee shall be the employee's regular hourly rate of pay as of the week in which the holiday occurs times the average number of hours actually worked in the regular work days during the holiday week or the prior week, whichever is greater. Holiday pay shall not be less than eight (8) hours except where the parties have agreed to a lesser daily schedule. (b) An employee on vacation or furlough the week preceding a full Christmas Holiday week (Monday through Friday) will have his hours based on the average number of hours actually worked in the regular work days of the second work week preceding such holiday week. 9.5 An employee, eligible for holiday pay, who accepts work on such holiday and fails to report and perform the holiday assignment will be charged with his holiday schedule on the departmental overtime distribution list. 9.6 An employee who works on a recognized holiday shall be paid double time for all hours worked and shall in addition receive idle holiday pay provided for in 9.4 above, without regard to provisions (a), (b), (c) and (d) in 9.2 above. 9.7 Holiday pay for second and third shift employees shall include their night work bonus.
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ARTICLE 10 Vacations 10.1(a) The vacation period each year shall be between Memorial Day and Labor Day, except when in the discretion of the Company this plan cannot be prudently carried out. Vacation pay will be paid during the week prior to the vacation. (b) Employees who are on the payroll on June 30 and have plant seniority on October 1 for six (6) months or more, but less than two (2) years, will receive a vacation period of one (1) week with pay. (c) Employees who are on the payroll on June 30 and have plant seniority on October 1 for two (2) years or more, but less than five (5) years, will receive a vacation period of two (2) weeks with pay. (d) Employees who are on the payroll on June 30 and have plant seniority on October 1 for five (5) years or more, but less than ten (10) years, will receive a vacation period of two and one-half (2-1/2) weeks with pay. (e) Employees who are on the payroll on June 30 and have plant seniority on October 1 for ten (10) years or more, but less than fifteen (15) years, will receive a vacation period of three (3) weeks with pay. (f) Employees who are on the payroll on June 30 and have plant seniority on October 1 for fifteen (15) years or more, but less than twenty (20) years, will receive a vacation period of three and one-half (3-1/2) weeks with pay. (g) Employees who are on the payroll on June 30 and have plant seniority on October 1 for twenty (20) years or more, but less than twenty-five (25) years, will receive a vacation period of four (4) weeks with pay. (h) Employees who are on the payroll on June 30 and have plant seniority on December 31 for twenty-five (25) years or more will receive a vacation period of five (5) weeks with pay. 10.2(a) Employees eligible for paid vacation shall, for each full week of vacation, be paid 1.9% of their gross annual earnings for the previous calendar year, but not less than 40 times or more than 50 times their ASTHE as of 12/31 of the previous calendar year. For each one-half (1/2) week of vacation an employee shall be paid one-half (1/2) of their full week amount. (b) Effective January 1, 1998, calculation of the ASTHE rate shall include night bonus. (c) Any employees without an ASTHE as of December 31st will have vacation paid at their hourly rate at the time of the vacation. 10.3 The Company may schedule a partial or full plant shutdown(s) for any full week(s) which falls within the months of July or August, and require employees to schedule any vacation time during such shutdown week(s), provided notice of such shutdown period(s) is posted not later than March 1 each year. 10.4 (a) If in the opinion of the management this vacation program will interfere with the proper operation of the plant, any eligible employee may be required to work during the regular shutdown for vacation. Such employee shall be allowed to take his vacation at another time. Employees eligible for paid vacation in excess of any vacation required to be taken during a shutdown period(s) will take such vacation at a time during the calendar year mutually satisfactory to the employee and his department head. Employees should make known to their supervisor by April 1, their preferred dates for such additional vacation so that preference may be given to the more senior employee(s) if more employees than can be permitted such week or weeks of vacation time off, request such time off. If mutual agreement cannot be reached, the vacation will be scheduled so as to maintain the efficient operation of the plant. Vacation requested between April 1 and June 30 shall be granted on a first come-first served basis, so as to maintain the efficient operation of the plant. Vacation not requested by July 1, will be scheduled by the Company to be taken by the end of the year, so as to maintain the efficient operation of the plant. Any one-half (1/2) week of vacation shall be scheduled as two and one-half (2 1/2) consecutive days within the same work week. (b) In the event the extra one-half (1/2) week of vacation includes a holiday or immediately precedes or follows a holiday, the full day nearest the beginning and end of the extra one-half (1/2) week of vacation will be considered the qualifying days for holiday pay purposes. (c) While it is the intent of the parties that employees must take their total vacation time off, they recognize that certain extenuating circumstances may arise and it is the intent of the parties to make accommodations in such unusual situations. Vacation schedules will be made available to the Union upon request. (d) In the event the Company requires an employee to cancel his or her vacation scheduled during a scheduled shutdown, and further provided the Company is unable to schedule the affected employee(s) for a vacation prior to September 1 of the current year, the affected employee(s) may carry one week over into the subsequent year. 10.5 Employees entering military service shall receive proportionate accumulated vacation pay. Any employee who returns to the employ of the Company with veterans' reemployment rights will receive his vacation pay if he is on the Company's payroll on or before June 30 of the year in which he returns and is otherwise eligible. 10.6 Any employee taken off the payroll of the Company after June 30 for any cause who has not already received his vacation pay for that year will be paid his vacation pay. 10.7 Employees who are laid off due to lack of work after December 31 of the vacation year who have at least six (6) months of plant seniority as of the date of such layoff will receive proportionate vacation pay. Such vacation pay will be paid during the week prior to the regular vacation shutdown period and will be prorated on a monthly basis. Employees laid off on or after the 15th of any month, or any employees without seniority hired on or before the 15th of any month, will have such months count as full months toward prorated vacation pay. Employees laid off before the 15th of any month, or any employees without seniority hired after the 15th of any month, will not have such months count toward prorated vacation pay. Any such laid off employee who is recalled to work prior to June 30 and is still listed on the active payroll on June 30, will have his vacation pay figured under Section 10.1, rather than under this Section. 10.8 Employees who are retired by the Company after December 31 of the vacation year will receive with their last pay proportionate vacation pay prorated on a monthly basis. Employees retired on or after the 15th of any month will have such month count as a full month toward prorated vacation pay. Employees retired before the 15th of any month will not have such month count toward prorated vacation pay. 10.9 Employees who retire and have, or will have at least 25 years of service by the end of the calendar year in which they retire will receive their five (5) weeks of vacation, without proration, provided the employee works during the year of retirement. 10.10 Employees who die after December 31 of the vacation year will have paid to their group insurance beneficiary or estate proportionate vacation pay prorated on a monthly basis as described in Section 10.8 above. 10.11 Employees on sick leave or absent due to a
compensable injury will be eligible for vacation pay if they have worked at
least one hundred (100) hours during the six (6) months period prior to June
30, or if they return to work prior to Labor Day, if
10.12 Employees on personal leave on June 30 will be provided proportionate vacation pay under the same terms and conditions as those for laid off employees as provided for in Section 10.7 above.
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ARTICLE 11 Leave of Absence 11.1 Provision is made for Leaves of Absence, without pay and without loss of seniority, after application in writing by the employee and under the following conditions: (a) A Leave of Absence for a specified personal purpose and for a specific period, not exceeding one (1) year, may be granted by the Company at its discretion. The Company agrees that such leave of absence will be granted in a uniform and consistent manner. (b) A leave of absence for illness or disability for a period of up to one (1) year will be granted by the Company upon receipt of medical evidence that the employee is unable to work. Such evidence will be considered the employee's written application for a leave. If the employee's absence will continue beyond such one (1) year period, up to an additional one (1) year will be granted upon submission to the Company of a statement from the employee's doctor indicating that the employee will be able to return to work within such additional one (1) year period. In unusual situations, consideration will be given for an extension beyond such additional one (1) year period upon presentation of medical evidence that the employee will be able to return to work. (c) A Leave of Absence will be granted by the Company to an employee who is elected or appointed as a full-time I.A.M.A.W. Union Representative for a period not exceeding four (4) years. Such leave may be extended for one (1) additional period not to exceed four (4) years. Only two (2) employees may be on such leave at any one (1) time. (d) A Leave of Absence will be granted to any employee(s) elected or appointed to full-time public office for a period of one (1) term of office. 11.2 In no event will an employee be granted a Leave of Absence, including any extension thereof, for a period in excess of the employee's service at the time he starts the Leave of Absence. Employees on sick leave due to work connected injury or illness may be continued on sick leave beyond their length of active service at start of leave, but they will not receive holiday pay in that portion of leave that exceeds their length of active service. 11.3(a) An employee returning from Leave of Absence shall return to the job he held prior to such leave or, if such job is not available, be re-employed at work generally similar to that which he last performed, if such work is available and he is medically able to perform such work, at the rate of pay prevailing for such job at the time of his return. (b) If the employee's prior job is no longer available and similar work is not available, or the employee by re-entering the classification creates an excess number of employees, the employee without a job or the least senior in the classification after he re-enters will find a job by recourse to the layoff procedure in Section 17.2. 11.4(a) The Company will comply with the Family and Medical Leave Act of 1993 (FMLA) and any applicable state leave laws. Any leave granted under this Agreement which is also authorized by FMLA or a similar state law will be considered as concurrent leave under such laws. (b) Employees on FMLA family leave will have medical insurance under the same terms and conditions as if they were actively employed. Employees must make their regular insurance premium contributions in a timely manner directly to the Company.
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ARTICLE 12 Discharge and Discipline 12.1 The Company agrees that no employee shall be discharged or disciplined without good and sufficient cause. In case of a dispute between the Company and the Union concerning the existence of good and sufficient cause, such dispute shall be adjusted in accordance with the grievance and arbitration provisions of this Agreement. 12.2 The Company shall notify the shop committeeman in advance of any disciplinary suspension or discharge. In any instance when the shop committeeman may not be working (as on the second or third shifts or on weekends) the Union will not expect advance notice. The shop committeeman shall be present, whenever possible, when an employee is suspended or discharged. If the shop committeeman is not working (as on a night shift or weekend), the shop committeeman will be notified the next working day following such disciplinary action. 12.3 Grievances concerning discharge must be submitted at the first step within ten (10) working days of the date the Union receives written notice of discharge from the Company. Such grievances will be processed promptly by the Company and the Union but an extension will be granted upon request from the Shop Chairman to the Division Human Resources Department. 12.4 In the event it should be decided under the rules of this Agreement that an injustice has been dealt the employee in regard to the discharge, any back pay shall be paid on the basis of the employee’s average hourly earnings, including any overtime, holiday, or vacation pay that the employee would have received during the time such back pay applies to. Any back pay will not be reduced by any earnings from gainful employment the employee may have received between the date of his discharge and the date of reinstatement. 12.5 An employee may request the presence of a departmental Union representative during any disciplinary meeting. Furthermore, the Company will confirm in writing to the departmental union representative that an employee has been given an official reprimand. If an employee is to be given an official final warning, the departmental Union representative will be present. A copy of all final warning notices shall be given to the employee involved and to the Union. Such final warnings will be in effect for a period of six (6) months following issuance.
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ARTICLE 13 Service and Transfers 13.1 An employee who because of disability is unable to perform the essential functions of his assigned job to advantage, with or without accommodation, shall be given such other work as is available and the employee is able to perform, at a rate per hour commensurate with the services performed. 13.2 When because of temporary illness or physical disability an employee is unable to perform his regular work and the matter has been reported to the supervisor of his department, and in the opinion of the Company medical director or his own doctor (if so requested by the employee) he is unable to perform his regular work, such employee shall be afforded a temporary transfer to less strenuous work. He shall be paid not less than the prevailing rate for such work assigned to him.
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ARTICLE 14Bulletin Boards 14.1 It is agreed that each department covered by this Agreement shall be provided with at least one special bulletin board, which the Union and its members shall have the exclusive privilege of using, provided bulletin boards are used only for notices of Union recreational and social events, and notices of Union meetings, appointments, elections, results thereof and other official Union business.
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ARTICLE 15 Safety and Health 15.1 The Company shall continue to make reasonable provisions for the safety and health of its employees during the hours of their employment in accordance with the practices now prevailing and in accordance with the rulings of the Department of Labor and Factory Inspection of the State of Connecticut and applicable Federal Safety Law. 15.2 The Company shall notify the Chairman of the Union of all industrial lost time accidents which occur in the plant. 15.3 Employees participating in departmental or divisional safety programs or in plant inspection by a Federal Safety Inspector under the provisions of the Federal Occupational Safety and Health Act will be paid their average straight time earnings rate for such participation during their scheduled hours of work. 15.4 Proper safety devices shall be provided by the Company for all employees working on hazardous or unsanitary work. The Union and the Company shall ensure that each employee uses and maintains such devices in a safe and healthful condition. The Company will furnish and instruct in proper usage of protective apparel, equipment and devices to all employees required to work with acids, chemicals, or other harmful physical agents considered to be injurious to the employees' safety and health. Determination of what is safe and proper shall rest solely with the Company and shall be in compliance with State and Federal Safety Regulations. 15.5
The
Company will reimburse employees who have completed their probationary
periods are who are required to wear
required personal protective equipment
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ARTICLE 16 Alteration of Agreement 16.1 No agreement, alteration, understanding, variation, waiver or modification of any of the terms or conditions or covenants contained herein shall be made with the Company by any employee or group of employees and in no case shall it be binding upon the parties hereto unless such agreement is made and executed in writing between the Company and the Union Negotiating Committee. 16.2 The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all the terms and conditions herein. 16.3 It is understood and agreed that if any part of this Agreement is in conflict with mandatory Federal or State laws, such part shall be amended to conform with such law by negotiations between the parties hereto. All other provisions and terms shall remain in effect and unaffected.
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ARTICLE 17 Seniority17.1 Definition and Application A. 1. New employees and those hired
after a break in service with the Company shall be regarded as probationary
employees for a period of two (2) months. During such period the employee's
retention shall be at the discretion of the Company and upon completion of
the probationary period the employee's seniority shall be credited from the
date of his employment or reemployment. In individual cases, the
probationary period may be extended by prior mutual agreement of the Shop
Chairman and 2. Seniority is defined as an employee's total length of continuous service with the Company in the Bargaining Unit since the most recent date of hire. In the event of transfer from one department to another, the employee's seniority will become immediately applicable in the new department. Employees who transfer into the Bargaining Unit from Lodge 1433 after May 10, 1968, shall be credited with their total Bargaining Unit seniority. B. Employees transferring out of the Unit during the term of this Agreement will retain seniority for thirty (30) days from the date of leaving the Unit at which time such retained seniority shall terminate. C. Seniority shall be lost for the following reasons: 1. When an employee voluntarily quits. 2. Upon retirement. 3. Discharge for just cause. 4. Layoff for a period in excess of the allowed period as defined in Section 17.3 B. 5. Failure to report for work as required in Section 17.3 B. 6. Failure to notify the Company of the reason for and approximate duration of the absence within three (3) working days, except when such failure is for a reasonable excuse. 7. Failure to report to work upon expiration date of leave of absence or any extension thereof, except when such failure is for a reasonable excuse. 8. Giving a false reason for obtaining a leave of absence. 9. Engaging in regular or full time gainful employment during a leave of absence. D. Top Seniority - Shop Committee members and Room Committee members shall have top Company seniority during their term of office, for layoff, recalls, and shift preference at any time. In the event a person with Top Seniority displaces another employee by exercising their shift preference, the displaced employee shall use his seniority to select a scheduled shift within his division, department and classification. If by doing so he displaces another employee, such displaced employee shall go the vacancy created by the person displacing him. E. The Company shall prepare and maintain, subject to examination and correction by Union representatives, a seniority list of employees in the Bargaining Unit. The Company agrees to furnish the Union a copy of the seniority list twice a year in April and October. Such listing shall indicate each employee by name, clock number, department, classification, rate of pay and date of seniority. F. Each department's night shifts will be selected from volunteers among the employees in the required classifications in that department on the basis of seniority preference. If there are insufficient volunteers to fill the requirements, assignments will be made from the employees in the required classification in that department who have the least seniority. G. Exceptions to the seniority rules may be made by mutual agreement between the Company and the Union Shop Committee. 17.2 Layoff A. "Layoffs" of employees shall be in accordance with the rule of seniority as above defined, provided that the senior employee can perform the work at the time. For purposes of this Section, it is recognized that a journeyman can perform the work of his trade in his present department. If displacing an employee in another department and a dispute arises as to the employee's ability to perform the job, the employee will be given an opportunity to demonstrate that he can satisfactorily perform the work of the classification in the new department in accordance with Section 17.2C. B. In the event the work load is reduced to a point where a layoff becomes necessary the Company shall make such reductions by classification and department by offering the most senior employee(s) in the initially affected classification and department the opportunity to take a voluntary lay off from the plant. Employees offered the opportunity for voluntary layoff must notify the company of their decision within one working day of being offered the opportunity. If an inadequate number of employees volunteer to be laid off, the Company shall then make such reductions by removing the least senior employee(s) of the classification in the department. Such employee may: 1. fill an open job, or; 2. displace the least senior employee in his classification in any other department, or; 3. take a layoff. Any employee displaced in the above procedure will have the same rights as the employee displacing him. The least senior employee leaving a classification must displace the least senior employee in the bargaining unit in any other classification which he is capable of performing satisfactorily at the time. Such an employee who wishes to displace a less senior employee in an apprenticable trade must have either completed a state-approved apprenticeship in that trade or must demonstrate through work experience which can be confirmed in a manner acceptable to both the Union and the Company that he has sufficient, appropriate experience which can substitute for the apprenticeship before he may exercise such seniority right. Employees hired on or after May 14, 1994 shall not be permitted to displace any employee in another Division when exercising their seniority rights in Sections 17.2 B and 17.2 C, until they have at least two (2) years of seniority. C. Any employee affected by such layoff shall be accorded the right to displace the least senior employee of any Bargaining Unit classification in which he can perform the work, or he may take a layoff in lieu of exercising that right. In the event of any dispute as to an employee's ability to do the work of the job, he shall be given an orientation period of fifteen (15) days or such other reasonable period, shorter or longer, that may be agreed upon between the Shop Chairman and the Supervisor for purposes of becoming acquainted with the specific duties of the job while under adequate and competent supervision and instruction. D. If there are apprentices training in a classification affected by a reduction in the number of journeymen in that classification, it is the intent of the parties that apprentices will be laid off in place of journeymen who must be displaced in the classification by the procedure set forth in Section 17.2 B. Any apprentice removed from the classification will exercise his seniority in accordance with the provisions of Section 17.2 B. E. The Company shall give one (1) week’s notice in advance of any layoff to employees affected or up to one (1) week’s pay in lieu of such notice. The Company shall afford any employee impacted up to 48 hours’ notice in which the employees may consider the options available to them. If, after one week, the bumping process is still continuing, the Company may furlough the employee who is then considering his or her alternatives until such time as all bumping is complete. When all bumping is complete and the new job assignments are established, the Company will, where applicable, return any employees from furlough and place them in their new jobs, along with any other employees who have bumped to other positions. In such case, the Company shall then immediately layoff any employees still at work who are finally affected. Under these circumstances the Company shall provide the Union with a copy of a departmental seniority roster. The supervisor of the department involved, together with the Chairman of the Room Committee, will contact and advise employees affected of their rights under this Agreement. F. In the event that two (2) or more employees have the same date of seniority, the employee with the lower Social Security number shall be considered to be the more senior. G. An employee who exercises his seniority to displace an employee in another classification as in Section C, or who accepts a job on recall as in Section 17.3, shall continue to be paid his rate of pay except that if his rate is higher than the maximum rate of such other classification, the employee shall receive the maximum rate of such classification. In the event that the employee's rate is lower than the maximum rate of such classification, he shall progress in accordance with the progression provisions of the Wage Article. H. Copies of all notices of layoff and recall from layoff shall be given to the Shop Chairman at the time it is decided to start a layoff and a copy of such notice shall be mailed to the Union Office at the same time. I. Seniority rights of a laid off employee will continue to accumulate while he is on layoff in accordance with Section 17.3. 17.3 Recall A. It is agreed that before any new employees are hired for a job opening, employees who may have been laid off or displaced from that classification shall be given first opportunity for recall to such open job in accordance with seniority. B. Employees laid off from the Plant. 1. The right of seniority in recall shall be accorded to laid off employees before new employees are hired provided such laid off employee shall respond to a call to report to work not more than five (5) working days after receipt of notice which has been sent to him by certified mail, return receipt requested, to his last known post office address. It shall be the responsibility of each employee to keep the Company notified of any change in address. If such employee fails to report within seven (7) calendar days after receipt of notice, he shall lose all rights of seniority unless: (a) He is temporarily incapacitated and is thereby prevented from responding, and submits proof thereof to the Company as soon as capable of responding in which case he shall be deemed to have continued on layoff; or (b) He is employed elsewhere and reports within fifteen (15) calendar days from receipt of such notice in which case he must, within five (5) working days from receipt of such notice, also have notified the Company in writing of his intention to report. (c) In either of such cases, the Company shall have the right to investigate. 2. An employee who is laid off from the Plant for lack of work shall not lose seniority but shall continue to accrue seniority and shall have recall for a period of time equal to his service at the time of layoff up to a maximum of three (3) years. 3. An employee may elect to remain on lay off from the Plant rather than accept recall to another job classification. However, if an employee refuses recall to any job other than the one from which he was laid off, his seniority will not be affected but he will be offered further recall only to those jobs which the employee indicates he is willing to accept on recall. If the employee refuses recall to the original job from which he was laid off, he will lose his seniority rights. C. Displaced Employees In the event of recall to the department from which an employee has been displaced, such a displaced employee may elect to remain on the job to which he bumped or to return to his former job. If he refuses to return to his former job, he shall lose further recall rights to such job. D. If, within one calendar year from the date that an employee is laid off or displaced from his department because of lack of work there is a change in the seniority status of an employee in the same classification in such department due to loss of super-seniority as a Union Officer or Committeeman, such laid off or displaced employee will have the option of returning to his original department or remaining in the new department if he is more senior than the employee whose seniority status changed. If the laid off or displaced employee elects to return to his original department, the least senior employee in the same classification in such department at that time who can perform the work of the new department at that time will be transferred to replace him in such new department. 17.4 Posting and Bidding A. The Company and the Union recognize that employees have the right to advance, move laterally, or down to more desirable jobs in accordance with their seniority and qualifications. B. Employees shall be made aware of job openings and new jobs by job posting throughout the Bargaining Unit which will specify the classification, rate range, shift, department and other pertinent information about the job. C. Employees may bid on open or new jobs or a different classification for which they are qualified or for an opening in the same classification in another department. It is the intent of the parties that the successful bidder be moved as soon as possible but in no event later than thirty (30) days following his selection. The Company and the Union by mutual agreement may extend the thirty (30) days when the Company has difficulty or delays in recruiting or training a replacement for the bidder. Any bidder waiting more than thirty (30) days to move to the bid job will be paid the rate of pay of the bid job in accordance with the terms of this Section commencing with the thirty-first (31st) day of waiting. D. All bids must be made within the three (3) working days' posting and shall be signed by the employee. Once posted the job must be filled except that such opening may be withdrawn for justifiable reasons upon prior notification to the Union. E. In filling the job, the Company will select from the bidders the senior bidder within the posted classification, or if none, the senior bidder who is fully qualified to satisfactorily perform the job at the time. F. In the event that the senior qualified bidder's qualifications are in dispute, he will be given a trial period of up to two (2) working weeks to demonstrate that he is fully qualified to satisfactorily perform the job at the time. An employee who fails to demonstrate that he can perform the job satisfactorily within the trial period shall be returned to his former job and rate. In such event the Company's selection shall be awarded the job. Such Company selection shall also be entitled to a trial period. In the event the employee fails to demonstrate that he can satisfactorily perform the job he shall be returned to his former job and rate. In such event the job shall be reposted for bid. G. The Company will announce its selection, or the fact that no one has been selected, on the bulletin board in the departments from which bids were received together with the successful bidder's seniority date within five (5) working days after the posting. H. The Company shall furnish the Union with a copy of the posting and written notification of successful bidder or the fact that no bidder was selected. I. No employee who has successfully bid on a lateral or down move will be entitled to bid on another lateral or down move for a period of one (1) year from the date of assignment to the job. J. Employees selected to fill a job in a higher rated classification shall receive the minimum rate of such classification or the next higher rate step above the employee's rate, whichever is higher. In any event he will receive a one (1) step rate increase. From that rate the employee shall progress in rate of pay on the basis of the wage progression schedule in effect. K. Employees selected to fill a job in a lower rated classification shall receive their rate or the maximum rate of the new classification, whichever is lower. If their rate of pay is lower than the maximum, the employee shall progress in rate of pay on the basis of the wage progression schedule in effect. L. If at any time within a two (2) week period after assuming a bid job, the employee decides that he cannot satisfactorily perform the job, he shall be returned to his former job and rate of pay. M. In the event that there are no qualified bidders for non-apprenticable classification, the Company will give preference for training to employees who have the necessary skills and abilities to learn the job prior to hiring a new employee to be trained for such job.
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ARTICLE 18 Settlement of Disputes 18.1 Any difference between the Company and the Union involving the meaning or application of the provisions of this Agreement shall constitute a grievance, as well as questions of discharge of employees as set forth in Article 15 above. No action or matter shall be considered the subject of a grievance unless presented for settlement within forty-five (45) days after its occurrence has become known to Union representatives (at the General Committee level) with the same period applicable to the Company in the event it desires to process a grievance. There will be no suspension of work on account of such grievance but an earnest effort shall be made to settle it immediately in the following manner. (a) Step I The grievance shall be discussed by the aggrieved employee and the supervisor or, at the employee's discretion, by the Room Committee and the supervisor. If a satisfactory settlement is not reached within one (1) working day, the grievance may be submitted in writing to the supervisor, stating specifically the nature of the grievance and the section or sections of the Agreement alleged to have been violated. The supervisor will answer the grievance in writing within two (2) working days of presentation of the grievance. (b) Step II If the grievance is not satisfactorily settled by the supervisor, the written grievance shall be submitted to the Divisional Manufacturing Manager or Maintenance Superintendent within two (2) working days from the receipt of the supervisor's written answer. The Manufacturing Manager or Maintenance Superintendent shall meet with the Room Committee within five (5) working days of the receipt of the grievance. The Manufacturing Manager or Maintenance Superintendent will answer the grievance in writing within five (5) working days of such meeting. (c) Step III If the grievance
is not satisfactorily settled at Step II, the Room Committee shall refer the
grievance to the General Shop Committee who shall refer the grievance to the
18.2 Either party to this Agreement shall be permitted to call in as witnesses employees covered by this Agreement and submit evidence at any of the above conferences or at any step in the settlement of the grievance for the purpose of substantiating the grievance. The Company will continue its practice of paying an employee called as a witness by the Union for the time he spent in a grievance meeting during his scheduled hours of work as long as the Union continues to be reasonable in its request for such witness. 18.3 Either party may process grievances through the grievance procedure. Grievances will normally commence at Step I, but may be submitted at Step III by agreement between the parties. 18.4 Time limits for processing and answering grievances may be extended by agreement between the parties if special conditions warrant. The same time requirements will work in reverse in the case of a grievance brought by the Company. 18.5 An accredited Grand Lodge Representative of
the Union upon prior notice, whenever possible, to the Division
Such visits will, as far as is reasonably possible, be at such times and carried out in such manner that will not unduly interfere with operations in the plant. 18.6 Pertinent records necessary to the settlement of a dispute will be made available.
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ARTICLE 19 Arbitration 19.1 Differences which might arise between the Company and the Union or employees covered by this Agreement involving the meaning or application of the provisions of this Agreement which fail of adjustment under Article 18, Settlement of Disputes, shall if requested by either party within thirty (30) days from the meeting at which the grievance has failed to be satisfactorily adjusted, be referred to Arbitration. In the event the parties shall be unable to agree upon an arbitrator within ten (10) working days, the parties will jointly request the Federal Mediation Service to submit a list of nine (9) nominees experienced in the field of the subject to be arbitrated. Upon receipt of such list, the parties shall alternately cross off the name of a nominee and the last name on the list shall be the arbitrator. 19.2 A decision of the arbitrator shall be final and binding upon the parties hereto. 19.3 The arbitrator's fee shall be made known to the parties in advance of the hearing and together with the arbitrator's expenses, if any, will be paid jointly and equally by the Company and the Union. 19.4 The arbitrator shall not have the authority to either modify or add to the terms of this Agreement.
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ARTICLE 20 Management 20.1 It is understood and agreed to that all the rights, powers and authority exercised and held by the Company prior to the signing of this Agreement are retained by the Company, except those specifically abridged or modified by this Agreement.
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ARTICLE 21 Maintenance of Privileges 21.1 It is agreed that any and all privileges enjoyed by the employees prior to the date of this Agreement will not be denied to them because of the signing of this Agreement.
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ARTICLE 22 Strikes and Lockouts 22.1 The Union agrees that it will not call, authorize or sanction any strike, walkout, or any other suspension of work by the employees during the life of this Agreement, and the Company agrees that there will be no lockout. 22.2 If an unauthorized stoppage of work takes place, not called, authorized or sanctioned by the Union, and if in such case the Union publicly disavows such strike and for a period of forty-eight (48) hours from the time the Company notifies the Union of the strike uses its best efforts to induce the employees to return to work, the Company agrees that it will not sue for or otherwise claim damages from the Union or its officers and agents, by reason of any such strike or suspension of work. The Company shall, however, have the right under such circumstances to treat striking employees who do not return to work within said forty-eight (48) hour period as though they had quit without such employees or the Union having any right of appeal to the grievance and arbitration procedure; provided, however, that if any employee who is absent during any such strike was absent because of illness, such employee shall not be subject to the foregoing disciplinary provisions. In the event of a dispute between the Company and an employee or the Union as to whether the employee was sick, such dispute shall be settled by the procedure set forth in Article 18 herein. 22.3 If there is a dispute between the Company and the Union as to whether the Union has made the public disavowal above referred to, such dispute shall be settled by the procedure set forth in Article 18 herein.
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ARTICLE 23 Wash-up Time 23.1 Employees shall be permitted to stop work on Company time five (5) minutes before quitting time at noon and five (5) minutes before quitting time at the end of the shift to wash-up. If in the opinion of the supervisor the work is exceptionally dirty, more time may be allowed up to ten (10) minutes.
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ARTICLE 24Bargaining Unit Work by Excluded Persons 24.1 Employees outside the Bargaining Unit shall not perform work normally performed by Bargaining Unit personnel. Exception to the above shall be: (a) In instruction and training of employees. (b) In experimental or development work on new equipment, machines or product. This is not intended to permit fabrication of machines, parts or new and working models or to replace experimental or developmental work normally performed by Bargaining Unit personnel. (c) In extreme emergencies arising out of unforeseen circumstances which call for immediate action to prevent interruption of operations, or damage to equipment, product and machines. 24.2 If after a violation of this clause has been brought to the attention of the Supervisor and the Human Resources Manager and such violation is not corrected or approved by the Union, the Company will pay a lump sum payment equivalent to the hourly rate of the job performed multiplied by the time spent on such job by any employee out of the bargaining unit including overtime, if applicable, to the employee(s) as mutually agreed by the parties.
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ARTICLE 25 Apprenticeship 25.1 There shall be established a joint apprenticeship committee to act upon all questions of apprentices in which the departments concerned in this Agreement are involved. Such committee shall be composed of six (6) members, three (3) of whom shall be selected by the Company and three (3) selected by the Union in such manner as the Company or the Union determine. 25.2 The Joint Committee members shall serve for one (1) year unless by vacancy or other sufficient reason either party hereto selects a successor qualified to serve as a member. 25.3 Rates for apprentices will be according to the attached Apprentice Wage Schedule marked Exhibit B and made part hereof by reference. 25.4 The apprenticeship training shall be according to the apprenticeship program dated October 1, 1982, and made part hereof by reference.
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ARTICLE 26 Pension Benefits/401(k) 26.1 Pension benefits for employees shall be provided according to the Pension Plan for Hourly Paid Employees and Exhibit "E" of this Agreement. 26.2 Effective for employees retiring on or after June 1, 2006, the pension benefit rate shall be $32.00 per month, per year of credited service. (Please refer to your Pension Booklet for details of the Pension Plan.). The formula used to calculate an employee’s lump-sum pension is as follows:
Refer to your Pension Booklet for further information on benefit calculation. Effective June 1, 2006, the Company shall increase its contribution to the IAM Pension Plan from $0.20 to $0.30 per hour for all hours worked to a total of 2080 hours per calendar year. Effective June 1, 2007, the Company shall increase its contribution to the IAM Pension Plan from $0.30 to $0.40 per hour for all hours worked to a total of 2080 hours per calendar year. Effective June 1, 2008, the Company shall increase its contribution to the IAM Pension Plan from $0.40 to $0.45 per hour for all hours worked to a total of 2080 hours per calendar year. Effective June 1, 2009, the Company shall increase its contribution to the IAM Pension Plan from $0.45 to $0.50 per hour for all hours worked to a total of 2080 hours per calendar year Employees retiring on or after June 1, 1997, who are age 60 or older and have at least 25 years of continuous service at the time of retirement, shall receive an unreduced pension benefit. The Company shall provide an automatic deduction from the pensioners’ checks to pay for the IAM retirement club. 26.3 Employees retiring on or after September 1, 1991, will be entitled to receive their pension benefit amount in a lump sum, calculated using the standard lump sum conversion formula in effect at the time of retirement, with any reductions made for early retirement. 26.4 By March 1 of each year the Company will furnish each employee with an annual pension statement showing their accrued pension benefit as of December 31 of the previous year, provided they were active participants in the plan on December 31 of the previous year. 26.5 Effective January 1, 1992, employees meeting the eligibility requirements will be entitled to enroll in the Company's 401(k) Savings Plan. Employees may contribute up to 15% of their annual earnings on a pre-tax basis. The Company will contribute 50 cents, on a pre-tax basis, for each one dollar contributed by the employee, to a maximum Company contribution of 3 1/2% of an employee's total annual earnings. Plan provisions are subject to IRS regulations and modifications by the Company.
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ARTICLE 27 Health & Group Insurance 27.1 Health & Group Insurance benefits for active employees shall be provided according to Exhibit of this Agreement. 27.2 Employees will be eligible for medical, dental, life/AD&D, and A&S benefits following the completion of their probationary period. The Company shall offer the ConnectiCare and the Cigna Point of Service (POS) plan to employees residing within the network service areas. The current plan copays and provisions will continue for the remainder of 2006. a) As of January 1, 2007, the ConnectiCare Plan shall require a $15 office visit co-pay; $20 copay for specialists (including all specialists, chiropractors, physical therapy/speech therapy/occupational therapists); $30 copay for outpatient surgery; $50 copay per admission for inpatient hospital admissions (up to $150 maximum per calendar year); $25 copay for high-tech radiological scans; $75 copay for emergency room visits (waived if admitted) and prescription drug co-pays of $8 for tier 1 drugs; $20 for tier 2 drugs; $30 co for tier 3 drugs for up to a 30-day supply. As of January 1, 2009, the following changes apply: copay for specialists will increase from $20 to $25; outpatient surgery copay will increase from $30 to $50; inpatient hospital copay will increase from $50 to $75 per admission ($225 maximum per year). As of January 1, 2010, the following prescription drug co-pays apply: $10 co-payment for tier 1 drugs; $20 co-payment for tier 2 drugs; $35 co-payment for tier 3 drugs for up to a 30-day supply. Members pay two times the above co-payment through the designated mail order service or two times the above co-payment at a participating retail pharmacy, for up to a 90-day supply. Any annual, standard changes that ConnectiCare makes to the plan shall be adopted on the open enrollment date following notification of such changes. However, formulary drug tier changes can take place periodically per the rules of the prescription drug carrier for both CIGNA and ConnectiCare plans. Employees residing in Massachusetts who elect ConnectiCare will get the same plan design as those members residing in Connecticut. b) Under the Cigna POS plan, in-network services will be covered at 90 with no deductible to a calendar year out-of-pocket maximum of $1000 individual and $2000 family. In-network services will also have the following copays in addition to the 10% coinsurance: $30 copay for outpatient surgery; $50 copay per admission for inpatient hospital admissions (up to $150 maximum per calendar year); $25 copay for high tech radiological scans; $75 copay for emergency room visits (waived if admitted). In-network office visits will be covered at 100% after a $15 co-pay for primary care physicians and $20 copay for specialists (including all specialists, chiropractors, physical therapy/speech therapy/occupational therapists). The 2007-2009 prescription drug plan co-pays, administered by Stanley’s prescription drug carrier, will be: of $8 for tier 1 drugs; $20 for tier 2 drugs; $30 co for tier 3 drugs for up to a 30-day supply. As of January 1, 2009, the following changes apply: copay for specialists will increase from $20 to $25; outpatient surgery copay will increase from $30 to $50; inpatient hospital copay will increase from $50 to $75 per admission ($225 maximum per year). In January 2010, the following prescription drug co-pays apply: $10 co-payment for tier 1 drugs; $20 co-payment for tier 2 drugs; $35 co-payment for tier 3 drugs for up to a 30-day supply. Members pay two times the above co-payment through the designated mail order service for up to a 90-day supply. Under the Cigna POS plan, Out-of-network services will be covered at 70% after a $400 individual and $800 family calendar year deductible to a calendar year out of pocket maximum of $3000 individual and $6000 family, including the deductible, subject to the $1,000,000 out-of-network lifetime maximum. c) Employees who reside, or who have covered dependents who permanently reside, outside of the service areas of the two plans outlined above will be permitted to enroll in the Out-of-Area Plan (same as current salaried plan design) with a $200/$400 deductible, 80%-20% reimbursement of covered expenses and a calendar year out-of-pocket maximum of $ $1750 individual/$3500 family, including the deductible. For the Out-of-Area plan participants, the 2007-2009 prescription drug plan co-pays, administered by Stanley’s prescription drug carrier, will be: of $8 for tier 1 drugs; $20 for tier 2 drugs; $30 co for tier 3 drugs for up to a 30-day supply. In January 2010, the following prescription drug co-pays apply: $10 co-payment for tier 1 drugs; $20 co-payment for tier 2 drugs; $35 co-payment for tier 3 drugs for up to a 30-day supply. Members pay two times the above co-payment through the designated mail order service for up to a 90-day supply. Under the Cigna POS (in-network and out-of-network) and the Out-of-Area plans, once the out-of-pocket maximums are reached, the plan pays 100% of eligible charges for the remainder of the plan year. Co-pays and other non-covered expenses do not apply to the out-of-pocket maximums. Mental health and substance abuse and prescription coverage under the Cigna POS and Out-of-Area plans will be provided by the same carrier as salaried employees. d) The Company shall continue to provide dental and vision care coverage for all eligible employees and their eligible dependents. Effective 1/1/07, the Anthem Blue Cross of CT Dental plan calendar year deductible will be $25 per individual and $75 per family. Effective January 1, 2004, the Company will pay eighty percent (80%) and the employee will pay twenty percent (20%) of the premium cost for the ConnectiCare and the Cigna health care plans, or the rates described below, whichever is less. Employees shall contribute on a weekly pre-tax basis for the medical, dental and vision care coverage selected. An employee’s dental and vision care contributions are included in the contribution amounts and any dependent coverage will be on the same basis as the medical coverage selected. 1/1/2007 1/1/2008 1/1/2009 1/1/2010 ConnectiCare-Single $24 $29 $34 $39 ConnectiCare-2 Person $43 $48 $53 $58 ConnectiCare-Family $52 $57 $62 $67 CIGNA - Single $23 $28 $33 $38 CIGNA - 2 Person $41 $46 $51 $56 CIGNA – Family $64 $69 $74 $79 The annual open enrollment period will be January 1. A contribution for selected coverage shall be deducted from all regular and supplemental paychecks received by an employee, even if such employee was on sick leave during the policy year, provided the total number of deductions made during a policy year does not exceed 52. Employees on sick leave shall not be required to make any contributions while on such leave, unless they receive a check directly from the Company during such leave period, in which event their normal contribution shall be deducted. Employees shall pay the full premium amount during a personal leave of absence lasting more than two (2) weeks, retroactive to the first day of such leave. 27.3 Employees who retire shall be offered the ConnectiCare or CIGNA Point of Service (POS) plan, and the Blue Cross/Blue Shield dental and vision plans offered to active employees up until the employee and/or eligible dependents reach age 65 (first of the month in which they turn 65 when eligible for Medicare). In addition, any retiree who resides, or who has covered dependents who permanently reside outside of the service areas of the two medical plans listed above, may elect coverage under the Stanley Health Care plan. The Company will no longer provide any Medicare Supplemental coverage for employees retiring on or after May 14, 1994. Any design change made for active employees to any plan shall automatically apply to employees retiring on or after October 1, 1994. The Company shall pay 50% of the cost of the coverage selected by employees who retire, provided the employee is age 62 or older at the time of retirement. The employee shall pay the balance of the cost of any coverage selected. Coverage for the employee shall cease when he reaches age 65, however, he can continue to cover any eligible dependent under age 65 by paying the full cost of such coverage. Employees retiring prior to age 62 shall pay the full cost of any coverage selected for as long as they have such coverage. The Company shall pay 25% of the cost of employee and dependent medical, dental and vision coverage for employees who retire on or after June 1, 1997, provided the employee is age 62 or older at the time of retirement. The employee shall pay the balance of the cost of any coverage selected for him/her and any eligible dependents. Coverage for the employee shall cease on the first of the month during which he reaches age 65; however, he/she can continue to cover any eligible dependent under age 65 by paying the full cost of such coverage. Employees retiring prior to age 62 shall pay the full cost of any coverage selected for themselves or any eligible dependents for as long as they have such coverage. No new dependents may be added following the date of retirement. Employees must have 10 years of service at the time of retirement to be eligible for retiree medical, dental, vision and life insurance coverage regardless of their age.
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ARTICLE 28 Bereavement Pay 28.1 In the event of death in the employee's immediate family (stepmother, stepfather, stepchildren, stepbrother, stepsister, grandparents, grandchild, sister, brother, mother-in-law, or father-in-law), such employee, who has completed thirty (30) days of service with the Company, shall be granted, when requested, three (3) successive regular work days of absence without loss of pay, not to extend beyond one week from the date of the funeral. Payment will be based on the employee's regularly scheduled hours of work for the week in which the bereavement occurs, up to eight (8) hours per day, at the employee's regular rate of pay. Such payments shall include night bonus. 28.2 In the event of death of an employee's spouse, children, or mother or father, payment will be made as in Paragraph 28.1 except that the period of reimbursement is five (5) successive regular work days commencing with the date of death to extend beyond the date of funeral. 28.3 In the event the burial of a member of the employee's family as defined above takes place after the date of the funeral, the employee shall be granted a day of absence to attend such burial or memorial service without loss of pay. In the event a memorial service for a member of the employee's family, as defined above, takes place after the date of a cremation the employee shall be granted a day of absence to attend such memorial service, without loss of pay. 28.4 In the event of death of the employee's son-in-law, daughter-in-law, brother-in-law or sister-in-law, absence on day of the funeral, if it falls on a regular work day, shall be granted without loss of pay. 28.5 If the death of a relative defined above occurs while an employee is on vacation, the bereavement periods defined above will be treated as such and equivalent vacation time off will be taken at another time to be determined by agreement between the Supervisor and the employee. If the death of a relative, as defined above occurs while an employee is on a paid holiday the applicable bereavement period will be treated as such and equivalent paid holiday time off will be taken immediately following the bereavement period. 28.6 Employees eligible for bereavement leave shall be paid their bereavement pay prior to providing the Company with proof of a covered death. Employees who fail to provide proof acceptable to the Company within 5 working days of their return to work, shall return any bereavement pay received.
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ARTICLE 29 Union Membership 29.1 Each employee who, as of the effective date of this Agreement, is a member of the Union in good standing and each employee who becomes a member after that date shall, as a condition of employment, maintain his membership in the Union. 29.2 Each present employee who, as of the effective date of this Agreement, is not a member of the Union shall, as a condition of employment, become a member of the Union in good standing not later than the 31st day after the effective date of this Agreement, and shall maintain his membership in the Union in good standing for the duration of this Agreement. 29.3 Each employee hired or transferred into the Bargaining Unit on or after the effective date of this Agreement shall, as a condition of employment, not later than the 31st day following the date of such employment or transfer into the Bargaining Unit, apply for membership in the Union and on and after the 31st day of employment or transfer maintain membership in the Union. 29.4 On and after the effective date of this Agreement, an employee who is a member of the Union as of the date that his employment with the Company is terminated under this Agreement for any reason, or transferred to a non-bargaining unit job within the Company, and who later is reemployed or reinstated or retransferred to a job under this Agreement shall, not later than the 31st day following such date of reemployment or reinstatement or retransfer, re-establish and/or continue his membership in good standing in the Union as a condition of continued employment.
Upon receipt of written notification from the Union to the Company's
Division 29.5 The foregoing provisions shall be effective in accordance with and consistent with applicable provisions of Federal and State laws. No employee will be discharged under this clause except for the failure to pay regular dues or initiation fees. In the event of any dispute concerning the application of this Article, such dispute will be resolved through the grievance and arbitration procedure.
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ARTICLE 30 Jury Duty 30.1 The Company will pay an amount equal to the difference between the pay an employee receives for serving on a Jury and his regular rate, for scheduled hours of work lost, up to eight (8) hours per day, for the required period of Jury Duty service. Such payments shall include night bonus. 30.2 To be eligible for Jury Duty payment an employee must: (a) Have completed his probationary period prior to serving. (b) Must give notice of his summons to the Company as soon as possible in advance of the date he is scheduled to serve. (c) Provide appropriate proof of dates and time served, compensation received and state that he did not volunteer for Jury Duty. (d) Request payment on forms provided by the Company.
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ARTICLE 31Union Representation 31.1 There shall be one (1) Room Committeeman from each plant listed below who shall be selected by the Union members for the purpose of discussing their respective departmental grievances with the Company's supervisors Plant: Hand Tools Access Technologies 31.2 There shall also be a General Shop Committee consisting of one Chairperson and two (2) employees to be selected by the Union in a manner that shall provide equitable representation to all employees in all classifications in all departments. 31.3 Employees duly authorized to handle grievances and conduct negotiations shall be afforded the necessary time without loss of pay. 31.4 The Company will continue to allow time off without pay to Union officers and delegates to attend seminars, conferences, training programs, and other such duties and responsibilities upon written advance notification from the Union President or Shop Chairman.
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ARTICLE 32 Military Reserve Pay 32.1 An eligible employee who is a member of the National Guard or the Military Reserves of the United States may receive payment for up to two (2) weeks of active military training each year. 32.2 Such payment will be the employee's regular hourly rate of pay times forty (40) hours, less military pay received for each week of active military training, to a maximum of two (2) weeks. Such payments shall include night bonus. 32.3 To be eligible to receive such payment, an employee must have completed at least one (1) year of service at the time the period of active military training begins, must notify his supervisor as early as possible but at least two (2) weeks prior to the day that the period of active military training begins, and must submit a copy of the military pay voucher to his supervisor when he returns to work.
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ARTICLE 33 General 33.1 All employees in classifications will be trained and certified to perform all tasks for any job assignment in relation to the training and certification the Company requires for the selected trades. The Company shall, with consultation by the Union, determine the levels and limits of training and certification required for the selected trades. Initial training will be conducted by seniority within the classification and plant location. Training for any one module will not exceed 36 hours. The Company may add to the number of classifications that each particular tradesperson will be cross-trained and certified in. Participation in this program will be voluntary, however, if less than eighty-five percent of the bargaining unit at each facility volunteers to participate, the Company shall require participation in reverse seniority order. The time period for volunteering for this program will begin May 13, 2000 and expire May 29, 2000. The Company will require, as a condition of employment, any employee transferred or hired into the bargaining unit after May 13, 2000, to be trained and certified in the requisite trades work. 33.2 Classifications of trades will remain but any tradesperson with training and certification will be expected to perform any assigned task at any given time. The parties agree that each employee will routinely perform any necessary work within his training with or without direct instruction from a supervisor. 33.3 Tasks that do not require certification will be completed by any bargaining unit employee that has the ability to perform the work. 33.4 The trades work that each particular tradesperson will be cross-trained and certified in shall include, but not be limited to the following: Machinist - trained and certified in plumbing, electrical work, & tool & die work Electrician – trained and certified in machinist work and plumbing Plumber - trained and certified in machinist work and electrical work Tool & Die - trained and certified in machinist work and plumbing work Carpenter - trained and certified in machinist work and electrical work Crib Attendant - trained and certified in carpentry work and electrical work 33.5 During the life of this Agreement, there will be an oversight committee consisting of management and bargaining unit employees to review any questions or issues arising form the implementation of this Article. 33.6 Employees will be paid $0.60 for the first module they commit to, and $0.40 for every subsequent module upon completion of the training for that module. Training will be conducted at the Company’s discretion. 33.7 From time to time an employee, while performing his assigned duties, suffers total loss of personal clothing due to an accident on the job, such as an acid spill, etc. In such event, if the employee has performed the job in the prescribed manner, utilizing available safety equipment and devices, the Company will reimburse such employee for the fair value immediately prior to such accident of such clothing on his written request and prompt report of such incident.
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ARTICLE 34 Subcontracting 34.1 When an outside contractor is brought in to perform the work of employees in the carpenter-steelworker, electrician, machinist, painter, plumber-steamfitter, sheet metal worker or welder classification, employees in the affected classification in the division where the contractor is working will be offered an opportunity to work voluntary, uncharged overtime. When a contractor is brought in, and the employees in the affected classification in the division are scheduled to work eight (8) hours they shall be offered either one (1) hour of overtime, or be allowed to work the same number of hours that the contractor works, whichever is greater. If the employees in the affected classification are already scheduled to work more than eight (8) hours they will work their normal schedule, or if the number of hours worked by the contractor is greater than their scheduled hours they will be offered the opportunity to work the same number of hours as the contractor. When a contractor is brought in to perform any work requiring an expenditure of $25,000 or more; or to perform warranty work during the first year of such warranty; or to perform work that requires special expertise or equipment not available within the division; no overtime obligation under this Section will exist. In addition, no overtime obligation under this Section, for any of the trades listed above, will exist when a contractor is brought in to perform any work at The Stanley Center, Lab, Hospital, Store, or when such work involves air compressors or HVAC equipment. Also, no overtime obligation under this Section for any of the trades listed above, except for the carpenter-steelworker and painter, will exist when a contractor is brought in to perform any work at the Tools’ Division offices. Employees in the applicable trades will work with outside contractors during the start-up of new equipment, and when warranty work is performed, unless otherwise agreed to by the Union 34.2 Each Division will designate one (1) Company representative from its organization who will be responsible for notifying the Shop Chairman by telephone and for keeping a log of any contract work in any trade listed in 34.1 to be done in a Division, the trade affected, the location and the work schedule of the contractor. 34.3 No work covered under Section 34.1 (a), which
is expected to take a contractor more than 5 working days to complete,
34.4 It is agreed that the Company will provide training and education opportunities for the purpose of maintaining and upgrading the skills of the trades regarding existing and new technology. It is further agreed that seniority will be considered when assigning such training and education opportunities. 34.5 The Shop Chairman and a Divisional representative will meet at the end of each quarter to address the work currently performed by the Tool and Die and Machinist trades going out of the plant and the reasons therefore, provided such meeting is requested by the Shop Chairman. A log of current work going out of the plant will be kept by the Company.
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ARTICLE 35 Termination of Agreement 35.1 This Agreement shall be considered to have become effective as of 12:01 a.m. May 13, 2006, and shall remain in effect until midnight on Friday, May 14, 2010. Signed this 13th day of May, 2006. INTERNATIONAL ASSOCIATION OF THE STANLEY WORKS MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, LOCAL NO. 1249 FOR THE COMPANY: FOR THE UNION: _______________________________ ______________________________ Terry L. Christensen Everett Corey _______________________________ ______________________________ Stan St. John Henry Myslenski _______________________________ ______________________________ Costas Drakatos Phillip Vitali _______________________________ ______________________________ Kristin R. Sabatino Joseph Fitzsimons _______________________________ _______________________________ Roger L. Laroche Giovanni Caligiore _______________________________ _______________________________ Robert J. Vieira Gerald Long _______________________________ _______________________________ Gregory A. Totire Thomas West _______________________________ _______________________________ Robert Keene Gilles Cyr _______________________________ James J. Tallaksen
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* Employees will automatically progress from the minimum to the maximum of their rate range according to the time intervals indicated on each step of the range as specified in Section 8.6 of the Agreement.
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* Employees will automatically progress from the minimum to the maximum of their rate range according to the time intervals indicated on each step of the range as specified in Section 8.6 of the Agreement.
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* Employees will automatically progress from the minimum to the maximum of their rate range according to the time intervals indicated on each step of the range as specified in Section 8.6 of the Agreement.
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* Employees will automatically progress from the minimum to the maximum of their rate range according to the time intervals indicated on each step of the range as specified in Section 8.6 of the Agreement.
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EXHIBIT "B” APPRENTICE RATE SCHEDULE Lodge 1249 Effective: May 13, 2006 Plumber- 1st 1000 Hours $16.02 $16.06 2nd 1000 Hours 16.08 16.14 3rd 1000 Hours 16.15 16.27 4th 1000 Hours 16.23 16.40 5th 1000 Hours 16.31 16.53 6th 1000 Hours 16.41 16.67 7th 1000 Hours 16.49 16.85 8th 1000 Hours 16.69 16.97 2nd Step of 2nd Step of 2nd Step of
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EXHIBIT "B” APPRENTICE RATE SCHEDULE Lodge 1249 Effective: May 13, 2007 Plumber- 1st 1000 Hours $16.32 $16.36 2nd 1000 Hours 16.38 16.44 3rd 1000 Hours 16.45 16.57 4th 1000 Hours 16.53 16.70 5th 1000 Hours 16.61 16.83 6th 1000 Hours 16.71 16.97 7th 1000 Hours 16.79 17.15 8th 1000 Hours 16.99 17.27 2nd Step of 2nd Step of 2nd Step of
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EXHIBIT "B” APPRENTICE RATE SCHEDULE Lodge 1249 Effective: May 13, 2008
Plumber- 1st 1000 Hours $16.62 $16.66 2nd 1000 Hours 16.68 16.74 3rd 1000 Hours 16.75 16.87 4th 1000 Hours 16.83 17.00 5th 1000 Hours 16.91 17.13 6th 1000 Hours 17.01 17.27 7th 1000 Hours 17.09 17.45 8th 1000 Hours 17.29 17.57 2nd Step of 2nd Step of 2nd Step of
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EXHIBIT "B” APPRENTICE RATE SCHEDULE Lodge 1249 Effective: May 13, 2009 Plumber- 1st 1000 Hours $17.02 $17.06 2nd 1000 Hours 17.08 17.14 3rd 1000 Hours 17.15 17.27 4th 1000 Hours 17.23 17.40 5th 1000 Hours 17.31 17.53 6th 1000 Hours 17.41 17.67 7th 1000 Hours 17.49 17.85 8th 1000 Hours 17.69 17.97 2nd Step of 2nd Step of 2nd Step of
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EXHIBIT “C” REGULAR DEPARTMENTAL SHIFT SCHEDULES Lodge 1249 EXHIBIT “C”
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EXHIBIT "D" WELDING (Lodge 1249) The Stanley Works and Lodge 1249 have the following understandings concerning the performance of welding by employees in the classifications listed below in accomplishing the work of such classification: 1. Carpenter-Steelworker 2. Plumber-Steamfitter 3. Sheetmetal Worker A. New Employees (Those hired after March 1, 1969) 1. An employee hired for any of the above named classifications on and after March 1, 1969, will be required to do any of the necessary welding in accomplishing the work of his classification as a condition of employment. 2. If an employee is hired for one of the above listed classifications and at the time of hire does not have the welding skill, such employee will undergo training to learn such welding skill. Such employee must demonstrate that he can accomplish the welding skill and his progress through his probationary period must be satisfactory or the employee will be terminated prior to the completion of his probationary period. B. Employees on Payroll Prior to March 1, 1969 1. Employees in the above classifications hired prior to March 1, 1969, have the option to weld or to decline to weld on their work. 2. An employee in these classifications prior to March 1, 1969, who declined to weld or to continue to weld after June 1, 1969, may at some time in the future decide to perform the welding requirements of his classification. At such time as the employee qualifies to weld he will be paid the welding premium pay in addition to his regular pay. In the event that such an employee commences to perform the welding requirements of his classification he may, after at least four (4) weeks' advance notification to his supervisor, decline to continue to weld. In such event, the welding premium will be discontinued at the time the employee discontinues welding. C. Welding Premium Pay A new employee, or an employee in these classifications prior to March 1, 1969, who performs the welding of his work will be paid a welding premium of 15¢ per hour in addition to his regular rate of pay. D. Welding Training 1. It is the intent of the Company whenever possible and practical that the welding training of employees in these classifications be accomplished by a Company employee classified as a welder in the Lodge 1249 bargaining unit. In such event, the welder instructor will be paid 25¢ per hour in addition to his regular rate of pay during the entire period during which welding training is being provided by such welding instructor. If not possible to have an employee-welder perform such training, vocational schools, supervisors or outside welders may be required to provide such training. 2. An employee undergoing welding training will receive his regular rate of pay until such time as he qualifies to perform the welding requirements of his classification. Upon such qualification, the employee will receive the welding premium payment. 3. An employee may request at any time that he be tested to determine if he can qualify for the welding requirements of his classification. The test will be arranged and held within five (5) working days following such request whenever reasonable to do so. If the employee fails to qualify after such request, any further qualifying test will be given only if the employee's supervisor, after consultation with the welding instructor, believes the employee has had sufficient additional training to successfully complete the test. It is expected that an employee can learn the welding requirements of any of the above mentioned classifications within a three (3) month period. Training will be scheduled by the Company in a manner that should allow employees to qualify within such three (3) month period. 4. Tests to be used to qualify employees for the performance of welding requirements of each of the above mentioned job classifications have been discussed and agreed upon and are made a part of this Agreement by reference.
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EXHIBIT "E" INSURANCE AND PENSIONS INSURANCE AND PENSIONS Life Insurance and AD&D-- $30,500 effective January 1, 2007 $31,500 effective January 1, 2008 $32,500 effective January 1, 2009 $33,500 effective January 1, 2010 Accident and Sickness – $380 effective January 1, 2007 $390 effective January 1, 2008 $400 effective January 1, 2009 $410 effective January 1, 2010 Benefits shall be payable beginning on the third (3rd) day of sickness. Employees not at work on the effective dates listed above will be eligible for the improved A&S benefit on their first day back to work. Travel Accident Life Insurance -- Employees traveling on company business shall be covered by a travel accident life insurance policy. Travel Accident Life Insurance amounts-- $30,500 effective January 1, 2007 $31,500 effective January 1, 2008 $32,500 effective January 1, 2009 $33,500 effective January 1, 2010 Retiree Life Insurance -- Retirees must have 10 years of service at the time of retirement in order to be eligible for the $5,000 retiree life insurance policy. (Please refer to your Insurance Booklet for details of the Insurance Plan.) Stanley Pension Benefit -- Effective for employees retiring on or after June 1, 2006, the pension benefit rate shall be $32.00 per month, per year of credited service. IAM Pension Plan -- Effective June 1, 2006, the Company shall contribute $0.30 to the IAM pension plan for all hours worked to a total of 2080 hours per calendar year. Effective June 1, 2007, the Company shall contribute $0.40 to the IAM pension plan for all hours worked to a total of 2080 hours per calendar year. Effective June 1, 2008, the Company shall contribute $0.45 to the IAM pension plan for all hours worked to a total of 2080 hours per calendar year. Effective June 1, 2009, the Company shall contribute $0.50 to the IAM pension plan for all hours worked to a total of 2080 hours per calendar year. (Please refer to your Pension Booklet for details of the Pension Plan.).
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MESSAGE TO I.A.M. MEMBERS WHO BECOME UNEMPLOYED Please refer to article "G" of The Grand Lodge Constitution. In capsule form it provides: Members who, without fault on their part, are unemployed for the major portion of any month are entitled to unemployment stamps for that month, and are thereby excused from the payment of regular dues for the month. Cost of the unemployment stamp is two dollars ($2.00). Preserve Your Benefits Never let your dues go one month in arrears if you wish to remain a member of our Lodge. Delinquency for more than two (2) months in payment of dues or assessment shall automatically cancel membership and all rights, privileges and benefits incident thereto. Dues For Retired Members Members who have retired from active employment, either with or without pension, may be issued a retirement card at a cost of $10.00 at the time of retirement. Such retirement card shall cover all succeeding years the holder of such card remains on retirement and complies with all applicable provisions of the I.A.M. Constitution. Death benefits of members maintaining membership by the use of retirement cards shall be preserved as of the date the first retirement stamp or card was issued, but in no case shall the benefits increase, subject to the provisions as set forth in Article 17. Let us know your current mailing address at all times, so that your membership and benefits will be maintained at all times. Initiation Fee $50.00 Please notify your Financial Secretary of any change in your address.
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