AGREEMENT

 by and between 

THE STANLEY WORKS 

(ACCESS TECHNOLOGIES AND HAND TOOLS)

and

 DISTRICT 26, AND LOCAL LODGE 1433 

May 13, 2006

 

TABLE OF CONTENTS

Article                                                         Page
            Agreement...........................................
27        Alteration of Agreement.............................
22        Arbitration.........................................
31        Bargaining Unit Work by Excluded Persons............
30        Bereavement Pay.....................................
17        Bulletin Boards.....................................
4          Check Off...........................................
15        Discharge and Discipline............................
3          Discrimination......................................
            Exhibit "A", Wage Schedule Effective May 13, 2006.
            Exhibit "A", Wage Schedule Effective May 13, 2007.
            Exhibit "A", Wage Schedule Effective May 13, 2008.
            Exhibit "A", Wage Schedule Effective May 13, 2009.
            Exhibit "B", Regular Departmental Shift Schedules...
            Exhibit "C", Insurance and Pensions.................
35        General.............................................
29        Health & Group Insurance....................................
7          Holidays............................................
5          Hours of Work.......................................
            Insurance and Pensions..............................
9          Job Evaluation...................................... 
33        Jury Duty...........................................
14        Leave of Absence....................................
23        Maintenance of Privileges...........................
26        Management..........................................
            Message to I.A.M. Members Who Become Unemployed.....
34        Military Reserve Pay................................
11        Night Work Bonus....................................
6          Overtime............................................
2          Part-Time Employees.................................
28        Pension Benefits/401(k) Plan........................
            Purpose.............................................
1          Recognition.........................................
12        Reporting and Call In Time..........................
18        Safety and Health...................................
19        Seniority...........................................
21        Settlement of Grievances............................
24        Strikes and Lockouts................................
16        Temporary Transfers.................................
36        Termination of Agreement............................
10        Transfers...........................................
32        Union Membership....................................
20        Union Representation................................
13        Vacations...........................................
8          Wages...............................................
25        Wash-Up Time........................................

 
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. 1433 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. 1433, 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. 1433, 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.

 
PURPOSE

WHEREAS, 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:

 

ARTICLE 1
Recognition 

1.1       The Company recognizes the Union as the sole and exclusive bargaining agent with respect to rates of pay, wages, hours and other conditions pertaining to employment for all of the employees of the Company but excluding executives, supervisors and all other supervisory employees with authority to hire, promote, discharge, discipline or otherwise effect changes in the status of employees or effectively recommend such action, and excluding office and clerical employees, outside truck drivers, shop engineers and technicians, draftsmen and designers, time study employees, watchmen, guards and doormen and all employees covered by agreement with Lodge 1249, International Association of Machinist and Aerospace Workers, AFL-CIO.

 

ARTICLE 2
Part-Time Employees

 2.1       Any employee whose working schedule is twenty-five (25) hours or less per week shall be considered a part-time employee.  This definition will not apply, however, for employees on regular shifts which are reduced to twenty-five (25) hours or less per week due to unfavorable business conditions.
2.2       Part-time employees acquire seniority as part-time employees only.  Such seniority shall date from the most recent date of hire but in no event prior to May 10, 1968.  In any case of a layoff or reduction of hours below forty (40), part-time employees shall be laid off before full-time employees in the department may be laid off to the street.  Part-time employees may exercise their seniority rights only within the part-time seniority group.  Part-time employees may not work outside of their regular job assignment.  A full-time employee will be permitted to displace part-time employees if the part-time hours can be combined to constitute a full-time job, provided the full-time employee can perform satisfactorily the work required at the time. 
2.3       The Company agrees to give advance notice and to meet with the Committeeman or Shop Chairman on any occasion when circumstances necessitate the hiring of part-time employees so all of the circumstances can be reviewed, including the number of part-time employees required, their hours of work, the department involved, etc.  The number of part-time employees working in the Bargaining Unit at any given time will not exceed fifty (50).  However, this number may be increased by mutual agreement of the parties to meet unusual business conditions.  The parties do not intend to replace full-time employees with part-time employees except by mutual agreement.
2.4       All the terms and conditions of Article 32 regarding Union membership shall be applicable to part-time employees.
2.5       Vacation eligibility for part-time employees shall be granted in accordance with Article 13, however, a week of vacation time, and the minimum guaranteed vacation pay calculations shall be based on the hours scheduled per week, for the part-time employee at the time the vacation is taken.
2.6       Holiday pay for part-time employees will be granted in accordance with Article 7 except that holiday pay will be based on the part-time employee’s normal scheduled hours of work for the holiday and his earnings during the two (2) week period prior to the holiday, and he must have been regularly scheduled to work on the day of the week on which the holiday occurs.
2.7       Pension benefits will be provided in accordance with Exhibit “C” of this Agreement.
2.8       A Social Insurance Plan will be available to part-time employees as set forth below:
Life Insurance:  1/2 coverage of regular full-time employee.
Accidental Death & Dismemberment: 1/2 coverage of regular full-time employee.
Accident & Sickness Weekly Benefit: 1/2 coverage of regular full-time employee.
Medical and dental coverages in such amounts to which full-time employees are entitled.
2.9       All the terms and conditions of Article 12 regarding reporting and call-in shall be applicable to part-time employees except that  reporting and call-in pay shall be based on one-half (1/2) of the part-time  employee’s regular scheduled hours of work.

 

ARTICLE 3
Discrimination

 3.1       The Company agrees that there shall be no discrimination against any employee because of his lawful 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.

 

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 fifth (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 (1) 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 No. 1433.
“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..................... 20....   ...........................
                                                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.

 

ARTICLE 5
Hours of Work

5.1       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 workday 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 B 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.  Whenever a plant, or a department within a plant, is working less than three shifts, the normal schedule will include a 30 minute unpaid lunch period and will run from 7:00 a.m. to 3:30 p.m. for the first shift and from 3:30 p.m. to 12:00 a.m. for the second shift.  Whenever a plant or a department within a plant is working 3 shifts, it shall include a paid lunch period for all employees working in areas that are restricted from overlapping shifts due to equipment, bench or space shortages. All other areas will include a thirty (30) minute unpaid lunch period.  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.
(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 the duration of the 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.
5.3(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 designated in a side letter to the Union entitled “Continuous Operations Schedule Example” dated May 12, 2000.  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 19.4.   

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 7.5(a).

 Bereavement, jury duty and military leave will be paid in accordance with Article 30, Article 33 and Article 34 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. 

 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. 
5.6        Employees requesting temporary shift reassignment for urgent personal reasons will make such requests in writing to the supervisor of the department, setting forth the reason for the request and the expected duration of such reassignment.  Employees who seek to exchange shift assignments with other qualified employees will also make their requests in writing.  The Company will consider such requests only if without any additional costs such as shift premium or overtime, with the understanding that the employee will be paid the rate of the job he is performing.  Such temporary reassignments will be subject to the prior specific written approval of the Manufacturing Manager concerned and the Committeeman.

 

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 (1) work day. 
(b)        All time worked in excess of forty (40) hours in any one (1) 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 7, 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.  When weekend work is required and all shifts are working, overtime will be offered to those employees who are lowest on the overtime list by shift. If a sufficient number of associates cannot be obtained by shift then associates on the other shifts would be asked to work.  In cases where all shifts are not required, the Company shall make every reasonable effort to distribute overtime as equally as possible among employees within a classification within their respective departments.
(b)        The Company shall keep a record of overtime work performed and declined by employees in a department.  The Company shall post the overtime list weekly in the department.  All overtime equalization records will be adjusted to “zero” every January 1.
(c)        Overtime records will be up-dated by Wednesday of the week following the week in which overtime was worked. 
(d)        Any employee entering a classification, department and shift through hire, bid, transfer, shift change, or recall 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, department and shift.  Employees who are absent for any reason, other than vacation for a full work week (Monday - Friday) at a time or more, will be charged with overtime as their turn comes up on the overtime list.
(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 Human Resources Manager, and prompt reasonable action is not taken to overcome such imbalance whenever overtime is available after such notice, the Company will pay the employee who is lowest on the overtime list the difference in hours between such employee’s hours and the hours of the top person on the overtime list at his or her average straight time earnings rate.  The employee who receives such payment will be charged with the overtime hours of the highest person.  This concept of assignment of overtime to the lowest employee on the overtime record will continue to be followed until such time as a reasonable balance of overtime is restored.

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 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 for work.
(d)        Employees will not be charged for refusing overtime if asked less than 2 hours before the end of their regular work shift.
(e)        Union representatives shall not be charged for overtime if away on official Union business.
(f)         Employees will be charged up to, but not more than 4 hours overtime declined in excess of their normal 8 hours, including weekends and holidays.

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 who are capable of and are 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 purpose of this Article.

 

ARTICLE 7
Holidays 

7.1       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                 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 

7.2            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 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.
7.3            Scheduled working hours as referred to in 7.2(b) above will be posted in each department two (2) weeks before any paid holiday.

7.4            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 holiday pay will not be subject to the normal weekly deduction for insurance premiums  

7.5  (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 week in which the holiday occurs 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 proceeding 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 week proceeding such holiday week.

 7.6       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.

 7.7       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 7.5 above, without regard to provisos (a), (b), (c) and (d) and 7.2 above.

 7.8       Holiday pay for second and third shift employees shall include their night work bonus.

 

ARTICLE 8
Wages

 8.1       (a)  Effective May 13, 2006, the Company agrees to a general wage increase of forty-five (45¢) per hour to be added to all wage rates on Exhibit “A” Wage Schedule.

 (b)  Effective May 13, 2007, the Company agrees to a general wage increase of thirty cents (30¢) per hour to be added to all wage rates on Exhibit “A” Wage Schedule.

 (c)     Effective May 13, 2008, the Company agrees to a general wage increase of thirty cents (30¢) per hour to be added to all wage rates on Exhibit “A” Wage Schedule.

 (d)    Effective May 13, 2008, the Company agrees to a general wage increase of forty cents (40¢) per hour to be added to all wage rates on Exhibit “A” Wage Schedule.

Any employee whose pay is higher than the above published wage rate scale due to having their pay red-circled will not receive any of the above-referenced wage increases until their wage rate falls below the published wage rate.  Any employee whose rate falls below will receive the applicable rate increase as scheduled above, provided their rate cannot exceed the published wage rate.

Any employee whose pay is higher than the published wage rate scale due to having their pay red circled will receive an increase in accordance with the following:

(e)     Effective May 13, 2007, the Company agrees to a general wage increase of twenty-five cents (25¢).
(f)  Effective May 13, 2007, the Company agrees to a general wage increase of twenty-five cents (25¢).
(g) Effective May 13, 2008, the Company agrees to a general wage increase of twenty-five cents (25¢).
(h)   Effective May 13, 2009, the Company agrees to a general wage increase of thirty cents (30¢).

 8.2       It is recognized and agreed that formulation, administration and operation of the job rate system are the function and responsibility solely of management.  Management will continue to set job rates for all occupations of employees covered by this Agreement, subject to the term of this Agreement. 

 8.3       The minimum rate for all new employees shall not be less than the lowest rate according to the Wage Schedule marked Exhibit “A”.  The minimum rates shall not prevent any qualified employee from receiving a higher rate. 

 8.4       All jobs done by employees covered by this Agreement which are identical in character and requirements shall be subject to rates within the same labor grade. 

 8.5       (a)  The minimum and maximum rates of pay for each  Job Rate Range are set forth in Exhibit “A” Wage Schedule.  Employees shall be paid not less than the minimum rate of the labor grade of the job to which they are assigned.  Employees in labor grades 11 through 20 shall automatically progress from the minimum rate to the maximum step of the labor grade in which their job is classified in accordance with the following schedules:

 1.         Labor Grades 11, 12, 13 and 14

             Minimum to 2nd Step   -- 1 month
             2nd Step to 3rd Step    -- 1 month
             3rd Step to 4th Step     -- 1 month
             4th Step to maximum    -- 1 month

 2.         Labor Grades 15, 16 and 17

             Minimum to 2nd Step    -- 2 months
             2nd Step to 3rd Step     -- 2 months
             3rd Step to 4th Step      -- 2 months
             4th Step to maximum    -- 2 months

 3.         Labor Grades 18, 19 and 20

             Minimum to 2nd Step    -- 3 months
             2nd Step to 3rd Step     -- 3 months
             3rd Step to 4th Step      -- 3 months
             4th Step to maximum     -- 3 months

 4.         In each of the above schedules, the employee progresses to the next higher step in his labor grade after the completion of the number of months of active employment on such step as set forth above.

(b)  Time spent in one labor grade shall not be counted as time spent in a higher labor grade, but time spent in a higher labor grade shall be counted as time spent in a lower labor grade 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.

(c)       Periods of absence due to layoff, extended illness, or leave of absence shall not be included in the computation of time spent in a labor grade.  However, intermittent absences shall not be deducted from time spent in a labor grade.

(d)       Employees will be eligible to automatically progress to the next higher progression step in each Rate Range or Labor Grade on the basis of the time specified in the appropriate Progression Schedule.

8.6       Employees currently receiving a red circle ASTHE rate above the maximum of their rate range will retain such red circle ASTHE rate, provided they continue to work in the classification, department and division which they held at the time the red circle ASTHE rate was granted.  Such employees shall retain their red circle ASTHE rate following a one time bid to a higher labor grade job, or a bump to any job, provided such job is within their division and is a measured job.  If the employee bids or bumps again or is recalled from a job in which he carried his red circle ASTHE rate he shall be paid the appropriate rate of the new job.
8.7       It is the policy of the Company during contract negotiations to make the same offer on economic matters; namely, general adjustment in rates of pay, holidays, vacations, insurance and pensions to Lodge 1433, I.A.M.A.W., that is made to Lodge 1249, I.A.M.A.W.  This is a statement of intent and is not subject to arbitration procedure.

 

ARTICLE 9
Job Evaluation

9.1       Present jobs have been graded into ten (10) labor grades on the basis of their relationship to each other as indicated by the job descriptions agreed to and initialed by the parties and Job Evaluation Plan in effect.  All present jobs (except those in grievance as of the signing of this Agreement) shall remain in their present labor grades unless, subsequent to this Agreement, a change in job content occurs.  Such cases shall be corrected as provided for in this Article.  The Job Evaluation Plan now in operation, as modified, shall be continued during the term of this Agreement.
9.2       When a new job is created or when a job changes sufficiently so that a revision of descriptions becomes necessary, the Company shall submit such new or revised job descriptions and new grading with the original to the Committeeman and a copy to the Shop Chairman when they become operative.  The description shall:
(a)        Have a functional job title; and
(b)        Be short and factual, clearly describing and stating the work to be performed.  If the Union has not questioned the descriptions and/or gradings within thirty (30) days from the day the descriptions were submitted, the descriptions and the gradings of the job shall be considered as accepted.  In any grievance or arbitration arising under the terms of this Article, the Union will not be limited to the use of the Job Evaluation Plan in the presentation of its case.
(c)        The Company agrees to supply the Union with all job descriptions annually.
9.3        If objections submitted by the Union are not acceptable to the Company, such differences shall be immediately referred to the grievance procedure under Articles 21 and 22.
9.4        The rates for a new or changed classification will go into effect at once upon its evaluation by the Company, effective as of the date when the job was established or changed.  If the evaluation is later changed as a result of a joint review with the Union or the settlement of a grievance, any new rate will be effective as of the date when the classification was established or changed.
9.5        There will be no change in labor grades or existing jobs unless such change is based on a change in the job content.  Therefore, there can be no reduction in an employee’s labor grade rate during the term of this Agreement unless based on a change in the job content which is sufficient to require a change in labor grade.  However, any employee who at the time of the change in the job content resulting in the slotting of such job into a lower labor grade, has been working more than 50% of his time on such job, will be paid a wage differential equal to the difference between the original base rate and the new lower base rate for each hour worked on such job.
The Company will make every effort to transfer as soon as possible any such employee who is receiving a wage differential payment to another job in the same labor grade either inside or outside of his department.  Any such transfer proposed by the Company will be agreed to by the employee even though it may require additional training or instruction unless such employee  prefers to remain on the job with the reduced labor grade without receiving further payment of the wage differential.
9.6         Employees working more than 50% of the time in any job classification will be classified in such job classification upon review at least every six (6) months.  Any employee claiming he is incorrectly classified will resolve the problem through the grievance procedure provided under Articles 21 and 22.
9.7         Each employee shall be notified of his individual classification and the rates of pay.  An employee transferred to a different job classification shall be given the same information at the time of transfer.
9.8         The Company will endeavor to give the Union, wherever reasonably possible, two (2) weeks’ prior notice when the cancellation or a change of a job classification will result in the displacement of employees in that classification.

 

ARTICLE 10
Transfers

 10.1     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.
10.2     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 given such other work as is available and the employee is able to perform.  He shall be paid not less than the prevailing rate for such work assigned to him.  In any instance where such an assignment will continue in excess of one (1) week, the supervisor will notify the department steward.

 

ARTICLE 11
Night Work Bonus

11.1     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.
11.2     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.
11.3     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. 

 

ARTICLE 12
Reporting and Call In Time

 12.1     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, or if no work is available, he shall be given four (4) hours’ pay.  The four (4) hours’ pay shall be at his hourly rate. An employee affected as above may be assigned to other work which he is qualified to perform and shall be paid for the actual hours worked at his hourly rate or at his average straight time hourly earnings.  An employee’s refusal to carry out such an assignment relieves the Company of any responsibility of paying him more than for the actual number of hours worked.  If the employee is offered work and voluntarily continues beyond the four (4) hours, his rate of pay will remain unchanged as above.
12.2     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 provision of this Article shall not be used to avoid the requirements of Article 19.
12.3     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.
12.4     (a)  An employee called in from home 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.

 

ARTICLE 13
Vacations

 13.1     (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.
13.2     (a) Effective January 1, 1996, 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 for vacations beginning on or after January 1, 1998, calculation of the ASTHE rate shall include night bonus.
(c)  Any employees without a ASTHE as of December 31st will have vacation paid at their hourly rate at the time of the vacation.
13.3     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.
13.4(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.
(b)         Employees eligible for paid vacation in excess of any vacation required to be taken during any 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 can not 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.
(c)        In the event such 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 one-half (1/2) week of vacation will be considered the qualifying days for holiday pay purposes.
(d)        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.
(e)        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.
13.5            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.
13.6     Any employee taken off the payroll of the Company after June 30 for any cause and who has not already received his vacation pay for that year will be paid his vacation pay. 
13.7            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 pro-rated 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 pro-rated 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 pro-rated 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 13.1, rather than under this Section.
13.8            Employees who are retired by the Company after December 31 of the vacation year will receive with their last pay proportionate vacation pay pro-rated on a monthly basis.  Employees retired on or after the 15th of any month will have such month count as a full month toward pro-rated vacation pay.  Employees retired before the 15th of any month will not have such month count toward pro-rated vacation pay.
13.9            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.
13.10          Employees who die after December 31 of the vacation year will have paid to their group insurance beneficiary or estate proportionate vacation pay pro-rated on a monthly basis as described in Section 13.8 above.
13.11          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 otherwise eligible.
13.12          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 13.7 above.

 

ARTICLE 14
Leave of Absence

 14.1    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 leaves 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.
14.2     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.
14.3     (a)  Any 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 19.2.
14.4     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.
(a)        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.

 

ARTICLE 15
Discharge and Discipline

 15.1     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.
15.2     The Company shall notify the Committeeman in advance of any disciplinary suspension or discharge.  In any instance when the Committeeman may not be working (as on the second or third shifts or on weekends) the Union will not expect advance notice.  The Committeeman shall be present, whenever possible, when an employee is suspended or discharged.  If the Committeeman is not working (as on a night shift or a weekend), the Committeeman will be notified the next working day following such disciplinary action.
15.3            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 grievance 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 Resource Department.
15.4     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.
15.5     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.

 

ARTICLE 16
Temporary Transfers

 16.1     A temporary transfer is defined as a transfer to replace an employee who is absent for any reason, or to avoid a temporary layoff of employees, or to meet production requirements.  Such temporary transfer is one other than the employee’s work assignments within their job number in their department.
16.2      Temporary transfers will not be used to avoid posting permanent job openings.  Temporary transfers shall normally be for not more than ten (10) working days.  Any extension beyond such ten (10) working days that may be required shall be arranged by prior mutual agreement of the Supervisor and Departmental Steward or Committeeman who will meet to review the circumstances and the most suitable manner to accomplish the extension.
16.3      When overtime work is required in any given job classification such overtime work shall not be performed by assigning the work to employees outside such job classification by temporary transfer without first giving employees of that job classification requiring such overtime an opportunity to work the overtime.
16.4      In a “flow manufacturing” environment, the Company may flex employees from their regular job assignment to any other job assignment(s) within the Division, as required, provided such flex assignment(s) does not exceed 5 successive working days. Once an employee returns from a flex assignment(s) to his regular job assignment for any amount of time, any subsequent flex assignment(s) shall be considered a new flex assignment.  When a temporary transfer of more than 5 successive working days is required in a “flow manufacturing” environment, preference among the classification affected shall be given to the senior employees who are able to perform the work.  If such senior employees do not volunteer for such temporary transfer the least senior employee able to perform the work will be transferred.  The return of such temporarily transferred employees to the original job classification shall be in accordance with seniority.
When a temporary transfer in a “non- flow manufacturing” environment is required, preference among the classification affected shall be given to the senior employees who are able to perform the work.  If such senior employees do not volunteer for such temporary transfer the least senior employee able to perform the work will be transferred.  The return of such temporarily transferred employees to the original job classification shall be in accordance with seniority.
The Company shall notify the Steward or Committeeman when a temporary transfer to another department is expected to last more than 2 working days.
16.5     Employees temporarily transferred will be paid as follows:
(a)        A daywork employee temporarily transferred to another daywork job will be paid his rate of pay or the maximum rate of the labor grade of the job to which he is transferred, whichever is higher, for time worked on such temporary assignment.
(b)        If, during a temporary transfer, the supervisor believes the effort of the employee does not qualify him for average straight time hourly earnings payment, the supervisor will so notify the employee and the Department Steward while the operation is being performed.  The Department Steward will be requested to counsel with the employee.  If the job is in a proper operating condition, and after the supervisor and Department Steward agree that their reasonable efforts have failed to correct the employee’s effort and performance, the employee will be paid the base rate of the job being performed. 
16.6     Employees who are temporarily transferred will continue to participate in department overtime worked by their regular classification.

 

ARTICLE 17
Bulletin Boards

17.1     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.

 

ARTICLE 18
Safety and Health

18.1     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.

18.2     The Company shall notify the Chairman of the Union Committee of all industrial lost time accidents which occur in the plant. 

18.3            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 for such participation during their scheduled hours of work.

18.4     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.

18.5     The Company will reimburse employees who have completed their probationary periods are who are required to wear required personal protective equipment up to a maximum total of $320 for such equipment through the life of this Agreement.  Employees may use all or part of this amount any time during the life of the Agreement; however, once an employee reaches the $320 limit any time during the life of this Agreement, he or she is not eligible for any other reimbursements.

 

ARTICLE 19
Seniority

19.1            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 re-employment.  In individual cases, the probationary period may be extended by prior mutual agreement of the Shop Chairman and Human Resource Manager of such defined period of time as they consider appropriate.  Written confirmation of such extension will be given to the employee, his Supervisor, and the Shop Chairman, and a copy will be retained by the Human Resource Manager.

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 1249 after May 10, 1968, shall be credited with their total Bargaining Unit seniority. 

B.         1.  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 19.3, B.
5.     Failure to report for work as required in Section 19.3, B.
6.     Failure to notify the Company of the reason for an absence within three (3) working days, except when such failure is for a reasonable excuse.  Whenever possible, an employee should also indicate the approximate duration of such absence.
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 false reason for obtaining a leave of absence.
9.     Engaging in regular or full time gainful employment during a leave of absence. 

D.        The following Union representatives who are employees shall have top seniority during their terms of office in any cases of layoff in their departments provided that to be eligible for such top seniority the employee must have at least one (1) year of seniority at the time of layoff: 

President

Shop Grievance Committee Members

Department Stewards

E.         If a department is permanently discontinued or completely merged into another department the following procedures shall apply:

(1)        Any employee whose job is transferred to such other department will be transferred with his job. 

(2)        Any employee whose work is discontinued shall exercise his seniority rights in accordance with Section 19.2, commencing with paragraph A.1.

F.         The Company shall prepare and maintain, subject to examination and correction by the Union, a seniority list by departments.  The Company agrees to furnish the Union three (3) times a year a copy of the departmental seniority list indicating each employee’s name, clock number, classification, department, rate of pay and date of seniority.  Such listing will be furnished on February 15th, June 15th and October 15th of each year.  In addition, the Company will continue to provide the Union employee data as before.

G.        The Company will not combine two (2) or more departmental seniority lists until it has advised in writing the Chairman of the Shop Committee its reasons for doing so, attaching to such correspondence current seniority lists of the affected departments.  The parties will then meet to discuss the proposed integration and to resolve any seniority problems which arise.  The seniority lists will be combined only on agreement of the Union.

H.            Exceptions to the provisions of this Article may be made by mutual agreement between the Company and the Union. 

19.2     Layoff

A.        The least senior employee of the classification on the shift to be reduced in the department will be removed from the classification.  Such employee and any employee subsequently displaced by this procedure may:

1)         fill an open job in any division, or;

2)            displace the least senior employee in any classification in his department on his or any shift which he is capable of satisfactorily performing at the time (in this event the employee leaving such classification will be the least senior employee in that classification on that shift), or;

3)            displace the least senior employee in any classification in the division on his or any shift which he is capable of satisfactorily performing at the time (in this event the employee leaving such classification will be the least senior employee in that classification on that shift), or;

4)            displace the least senior employee of any job classification in the bargaining unit on his or any shift which he is capable of satisfactorily performing at the time, or;

5)         take a layoff. 

B.         An employee who has bumped will be given up to five (5) working days or such other reasonable period, shorter or longer, that may be agreed upon between the Shop Chairman and/or Committeeman and the Supervisor to demonstrate that the employee can do the work of the job.  It is understood that adequate and competent instruction to familiarize the employee with the job will be available during the first such day as the employee requests it. 

An employee who has at least twenty-five years of service at the time of a bump will be given up to fifteen (15) working days or such other reasonable period, shorter or longer, which may be agreed upon between the Shop Chairman and/or Committeeman and the Supervisor to demonstrate that the employee can do the work of the job.  It is understood that adequate and competent instruction to familiarize the employee with the job will be available during the first such ten (10) days as the employee requests it.

An employee who fails, following a bump, to demonstrate that he can satisfactorily perform the work of the job will be laid off and will not be permitted to bump into that classification in that department for a period of twelve (12) months following his disqualification.

C.        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 departments involved together with the Department Steward or Committeeman will contact and advise employees affected of their rights under this Agreement.

D.        In the event two (2) employees have the same date of seniority, the employee with the lower Social Security number shall be considered to be the more senior.

E.         An employee who exercises his seniority to displace an employee in another classification 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.

F.         An employee who may be required to change shifts in his department for any reason, or who is in a job when the method of payment for the job is changed, may elect to exercise his seniority in accordance with Article 19.2 rather than transfer to such other shift, or remain in such job.

G.        The President and shop grievance committee members shall have shift preference any time.

19.3     Recall

A.        When a job opening exists on any shift employees already working in the department and classification where the opening exists along with those who may have been laid off or displaced from such department and classification will be given first opportunity to fill the open job, in order of seniority, before any new employee is hired for the job opening.  Employees laid off from the Plant will comprise a pool from which employees will be recalled to any open job in the Bargaining Unit in order of seniority and ability to perform such job in accordance with the provisions of this Article 19.

B.         Recall-Layoff from 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.  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)&