AGREEMENT

 

 

 

 

 

 

Agreement Between

 

 

 

 

 

 

 

UNITED STEELWORKERS

 

AFL-CIO-CLC

 

On behalf of USW

 

AMALGAMATED LOCAL #4

 

 

and

 

 

ROCK OF AGES CORPORATION

Quarry Division

 

 

 

 

 

 

 

 

 

April 25, 2009 - April 27, 2012

 

 

 

 

 

Table of Contents

 

AGREEMENT .............................................................................................................................. 4

ARTICLE 1Term .......................................................................................................................... 4

            1.1 Term ............................................................................................................................. 4

ARTICLE 2 Hours of Work - Overtime ...................................................................................... 4

            2.1 Hours ........................................................................................................................... 4

            2.2 Overtime and Premium Pay ........................................................................................ 4

            2.3 Call-In Pay ................................................................................................................... 5

            2.4 Subcontract .................................................................................................................. 5

            2.5 Absence from Work .................................................................................................... 5

ARTICLE 3 Interdivisional Job Opportunities ........................................................................... 5

            3.1 Layoff .......................................................................................................................... 5

            3.2 Maintenance Operations ............................................................................................ 6

ARTICLE 4 Wages ....................................................................................................................... 6

            4.1 Wage Increases and Minimum Wages ...................................................................... 6

            4.1(a) Job categories ......................................................................................................... 6

            4.2 Maintenance of Personal Rate ................................................................................... 7

            4.3 Learner and Bid Rate ................................................................................................. 7

            4.4 Wage Adjustment ....................................................................................................... 7

            4.5 Period of Experience ................................................................................................... 8

            4.6 Shift Differential ......................................................................................................... 8

            4.7 Supplemental Provisions ..............................................................................................8

            4.8 Partners in Productivity Program ............................................................................. 10

            4.9 Jury Duty ................................................................................................................... 11

ARTICLE 5 Military Service ..................................................................................................... 11

            5.1 Military Service ......................................................................................................... 11

ARTICLE 6 Holidays ................................................................................................................. 11

            6.1 Paid Holidays ............................................................................................................ 11

ARTICLE 7 Vacation ................................................................................................................. 12

            7.1 General ...................................................................................................................... 12

            7.2 Vacation Payments ................................................................................................... 14

            7.3 Amount of Vacation .................................................................................................. 14

ARTICLE 8 Bereavement/Birth of a Child .............................................................................. 16

            8.1 Bereavement Pay ..................................................................................................... 16

            8.2 Birth of a Child ......................................................................................................... 16

            8.3 Five (5) Days ............................................................................................................. 16

            8.4 One (1) Day ............................................................................................................... 16

ARTICLE 9 Group Insurance ................................................................................................... 16

            9.1 Group Insurance ....................................................................................................... 16

            9.2 Benefits ..................................................................................................................... 16

            9.3 Contributions ............................................................................................................. 18

            9.4 Disability .................................................................................................................... 19

            9.5 Retired Employees .................................................................................................... 19

            9.6 Consultant .................................................................................................................. 19

 

 

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            9.7 Insurance Objectives ................................................................................................ 19

            9.8 Delinquency ............................................................................................................... 19

            9.9 Workers Compensation ............................................................................................ 20

ARTICLE 10 Pension Plan Agreement ...................................................................................... 20

            10.1 Merger of the Pension Plan .....................................................................................20

            10.2 Incorporated Documents .........................................................................................20

            10.3 Contribution Rate ................................................................................................... 20

            10.4 Covered Employees..................................................................................................21

            10.5 Hours Worked...........................................................................................................21

            10.6 Payment of Contributions.........................................................................................21

            10.7 Coverage - Newly Hired Employees Not Previously Covered............................. 21

            10.8 Coverage - Newly Hired Employees Who Were Previously Covered.................. 21

            10.9 Contribution Reports and Data................................................................................ 21

            10.10 Delinquent Employers.............................................................................................21

ARTICLE 11 401(k) Plan ........................................................................................................... 22

            11.1 401 (k) Plan .............................................................................................................. 22

ARTICLE 12 Seniority ............................................................................................................... 22

            12.1 Seniority ................................................................................................................... 22

            12.2 Seniority Rosters ..................................................................................................... 24

            12.3 General Leave of Absence ...................................................................................... 24

            12.4 Transferring out of the Bargaining Unit ................................................................. 24

            12.5 New Employees ....................................................................................................... 24

            12.6 Seasonal Winter Layoff .......................................................................................... 24

            12.7 Quarry Preference.....................................................................................................25

ARTICLE 13 Bonus Plan ........................................................................................................... 26

            13.1 Bonus Plan ............................................................................................................... 26

            13.2 Bonus Plan Payments .............................................................................................. 26

ARTICLE 14 Union Security ...................................................................................................... 27

            14.1 Mandatory Membership ......................................................................................... 27

            14.2 Location of Stewards ............................................................................................... 27

ARTICLE 15 Check-Off ............................................................................................................. 27

            15.1 Check-Off ................................................................................................................. 27

            15.2 Close-Out ................................................................................................................. 27

            15.3 Dues Penalty..............................................................................................................27

ARTICLE 16 Dispute Settlement .............................................................................................. 28

            16.1 Dispute Steps ........................................................................................................... 28

            16.2 Company Grievances .............................................................................................. 28

            16.3 Signed Grievances ................................................................................................... 28

            16.4 Rules ......................................................................................................................... 29

ARTICLE 17 Reserve for Inclement Weather - Power Failure ................................................ 29

            17.1 Reserve Hours ......................................................................................................... 29

            17.2 Power Failure ........................................................................................................... 30

ARTICLE 18 Non-discrimination ............................................................................................... 30

            18.1 Non-discrimination .................................................................................................. 30

 

 

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ARTICLE 19 Union Representatives ........................................................................................ 31

            19.1 Union Representatives ............................................................................................ 31

ARTICLE 20 Suspension of Operations .................................................................................... 31

            20.1 Suspension Notice ....................................................................................................31

ARTICLE 21 LABOR MANAGEMENT TEAM ..................................................................... 31

            21.1 LMT Formation ....................................................................................................... 31

ARTICLE 22 Safety Rules ......................................................................................................... 32

            22.1 Safety Issues ............................................................................................................ 32

            22.2 Safety Glasses .......................................................................................................... 32

            22.3 Safety Shoes and Gloves .......................................................................................... 32

            22.4 Rock Drilling ............................................................................................................. 33

ARTICLE 23 Management's Rights ........................................................................................... 33

            23.1 Management Rights ................................................................................................. 33

ARTICLE 24 Temporary Transfers ............................................................................................ 33

            24.1 Temporary Transfers ............................................................................................... 34

ARTICLE 25 Smoking ................................................................................................................. 34

            25.1 Smoking Policy ......................................................................................................... 34

ARTICLE 26 Discipline/Discharge ............................................................................................ 34

            26.1 Discipline & Discharge ........................................................................................... 34

            26.2 Written Warnings .................................................................................................... 34

ARTICLE 27 Summer Employees ............................................................................................. 35

            27.1 Summer Help ........................................................................................................... 35

ARTICLE 28 Bethel Quarry........................................................................................................35

            28.1 Bethel Quarry Travel Expense.................................................................................35

 

SIGNATORY PAGE ....................................................................................................................36

 

HOLIDAY CALENDAR...............................................................................................................37

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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AGREEMENT

 

Agreement entered into as of  April 25, 2009  by and between ROCK OF AGES Corp. - Quarry Division  ("The Company"), its successors and assigns, and the UNITED STEELWORKERS, AFL-CIO‑CLC, on behalf of Amalgamated Local #4  ("The Union"). In consideration of the mutual covenants herein contained, it is agreed as follows:

 

 

ARTICLE 1

Term

 

1.1 Term

 

This Agreement shall be effective April 25, 2009 and shall continue in full force and effect through April 27, 2012 and from year to year thereafter, unless either party gives notice to the other, not less than sixty (60) days prior to April 27, 2012 or prior to April 27 of any year thereafter, that it desires to alter, amend or terminate any or all of the terms hereof.

 

 

ARTICLE 2

Hours of Work - Overtime

 

2.1 Hours

 

The normal work week will be eight (8) hours per day and forty (40) hours per week, Monday through Friday.   Normal work hours are 7:00 am to 12:00 Noon and 12:30 pm to 3:30 pm.

 

Employees are to be in the riding box or walking into the hole at 7:00 a.m. and 12:30 p.m.  The riding box shall be on top at 12:00 Noon and 3:30 p.m.

 

Hours of work are subject to change by mutual agreement between the Company and a majority vote of Union Members or by mutual agreement by a majority vote of the Union Members in a particular area and the Company, after a vote is taken supervised by the Union President or designee. For purposes of this section, Bethel and Barre shall be considered separate areas. Areas within Barre will be considered when requested by the parties.

 

2.2 Overtime and Premium Pay

 

(a) Employees shall receive time and one‑half pay for all hours worked outside the regular working hours as prescribed in Section 2.1 and for time worked during the normal lunch period. Employees who work on Saturdays shall receive time and one‑half pay.  Work shall be regarded as being performed on Saturday only if an employee's shift begins on Saturday. Employees who work on a Sunday or New Year's Day shall receive double time pay for hours worked.

 

Employees who work on a paid holiday shall receive holiday pay plus double time pay for hours worked.

 

 

 

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(b) Overtime will be distributed as equitably as possible and will be assigned to employees who regularly work in the area requiring the overtime, unless special circumstances prevent such assignments. If unassigned work is to be performed, "area" refers to a specific quarry, such as Rock of Ages, Smith's, etc. The Company will make every effort to give as much advance notice as possible when overtime is required, giving tentative notice by Wednesday of the week for which Saturday work is necessary, except in emergency circumstances.

 

2.3 Call‑In Pay

 

If an employee is called back for unscheduled work at the specific request of the Company, he will be guaranteed pay as follows:

 

(a) If called to work on a Sunday or holiday, the equivalent of a minimum of three (3) hours' straight time pay at his regular hourly rate, or

 

(b) If called to work on a Saturday or a scheduled non‑work week day, the equivalent of a minimum of two (2)  hours' straight time pay at his regular hourly rate.

 

2.4 Subcontract

 

The Company may subcontract work, provided the intent is not to deprive employees of their normal employment.

 

2.5 Absence from Work

 

Employees are obligated to give notice to the Company on the day they are not able to report to work.  The employee must make every reasonable effort to notify the company before the start of their regular scheduled work shift and include the reason for absence or lateness.  The phone number listed below will have voice mail capability and time recognition feature so that in the event it is not immediately answered, then a message can be left by the employee.  An absence of three (3) consecutive scheduled workdays without notifying the Company will subject the employee to discipline, up to and including discharge. The quarry phone number is 802‑476‑ 2233.

 

 

ARTICLE 3

Interdivisional Job Opportunities

 

 

3.1 Layoff

 

In the event of a layoff of employees covered by this contract and if the Company has need for additional manpower in any of its other divisions in Barre or Bethel who are covered by contracts with the Union, the Company will offer these positions to the laid‑off employees by seniority subject to ability and physical fitness and a sixty (60) day, probationary period. The employee selected may accept the position offered or elect to take the layoff. During the probationary period, the successful employee may revert to layoff status at his option. If the position available is covered by a different contract, the employee shall not be required to change groups unless he is not returned to his former position within twelve (12) months.

 

 

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The employee shall suffer no loss of seniority for such assignment when he is returned to his former position.  Employees will be returned to their former positions by seniority if and when work becomes available.

 

It is contemplated that the employees choosing to work in a new division will be assigned entry level positions. If the employee is assigned to a classification higher than laborer, grouter, plant sweeper, tool grinder or quarryman, the employee shall not hold the position for more than sixty (60) days without the consent of the Union. Those accepting assignment in another division will be the lowest in seniority in that division.

 

If an employee does not honor a recall notice to his former position, or is employed in the new division for more than twelve (12) months, his seniority in his prior division shall be lost and his seniority date in his new division shall be his start date with that division except if otherwise agreed by the Company and Union.

 

The Company and the Union agree that as a new and untested provision, either the Union or the Company may cancel this provision with thirty (30) days' prior written notice of cancellation.

 

3.2 Maintenance Operations

 

The Company has two (2) maintenance groups, one at the plant division (manufacturing plant, press roll plant and saw plant) and the other at the quarries division. The Union understands that there is a need for flexibility at the Company to assure that all equipment operates efficiently and timely. The Company understands that the seniority of both maintenance groups must be separate and that maintenance employees will normally work in their division.

 

The Company and Union agree that the Company may assign maintenance employees in one (1) division to work temporarily in the other division. The word temporarily is understood and agreed to cover sickness, vacations, injuries, operational emergencies, and/or the scope and duration of a particular project or projects.  It is not the intent of the Company to displace or replace a maintenance person in one (1) division with a person in another.

 

In the event the Union believes the Company has not complied with this provision, the Union may bring the situation in question to the LMT for resolution. If the matter cannot be resolved by the LMT, the Union shall have the right to grieve it.

 

 

ARTICLE 4

Wages

 

 

4.1 Wage Increases and Minimum Wages

Effective, April 26, 2009 the wage rate shall be: $19.45

Effective, May 2, 2010 the wage rate shall be: $19.95

Effective, May 1, 2011 the wage rate shall be: $20.45

 

 

 

4.1(a) Job categories

 

 

 

 

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Quarry- Direct                                                            Quarry -Service & Service Misc.                 

Derrick man*                                                              Bar Mechanic/Hoist Mechanic/Bit Grinder*

Hoist operator*                                                           Machinist*                                                     

Equip. operator*                                                         Welder*                                 

Powderman*                                                               Mechanic*

Expeditor                                                                    Piper*

Quarryman / Drill Operator / Wiresaw Operator          Head Rigger

                                                                                   Electrician*                

                                                                                   Compressor Operator/Utility Truck Driver*  

                                                                                   Rigger/Carpenter*      

 

*Post for openings     

 

 

Definitions: Expeditor

 

An expeditor will not be allowed to hire, fire or discipline other employees. An expeditor can take the place of the foreman on a temporary basis when the foreman is absent. Normally, the expeditor will perform his regular job and assist the foreman as required to direct production and work flow.

 

An expeditor may not take the place of a worker or perform production work during the specific time that he is taking the place of an absent manager.  However he may demonstrate the use of any tool of the trade for instructional purposes.

 

Expeditor wage premium: An expeditor will receive at least $2.00/hr. over the minimum set wage for the quarry when performing this job.      

 

 

4.2 Maintenance of Personal Rate

 

All employees receiving more than the minimum wage rate  (effective May 3, 1997) for their job will retain that difference as a personal rate for the length of this contract unless they move to a different job, quit, terminate or retire from the Company.

 

4.3 Learner and Bid Rate

 

(a) A newly hired employee shall be classified as a learner and be paid a rate of 80% of the applicable journeyman rate for the first (1 ^st ) calendar year and 90% of the applicable journeyman rate for the second (2 ^nd ) calendar year. At the end of two (2) years the employee will receive the minimum set wage for the quarry.

 

(b) Any employee who successfully bids from one (1) job classification to a new job classification (except Learners) will be paid thirty cents ($.30)  per hour less than the minimum wage rate for a period of one (1)  year from the date of assuming the new position and thereafter will be paid the full rate.

 

Any Learner subject to Section 4.3 (a) above shall be paid the lower of the rates determined in accordance with Section 4.3 (a) or the rate under this section.

 

 

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4.4 Wage Adjustment

 

If at any time during the existence of this Agreement a wage increase should be granted, any employee receiving more than the minimum wage as provided in this Agreement shall receive the same wage adjustments but for no reason shall his wages be reduced before making said adjustments.

 

 

4.5 Period of Experience

 

Experience shall be based on time worked in a job position. All time worked in the position as a spare operator will be counted in determining the period of experience.

 

 

4.6 Shift Differential

 

Any employee on a second (2nd) or third (3rd) shift operation shall be paid a shift differential of seventy-five cents ($.75) per hour each hour worked.

 

 

4.7 Supplemental Provisions

 

(a) Only employees qualified under the "Safe Explosives Act of 2002" and all other explosives regulations, local, state and federal may handle explosives in any manner. When an employee is awarded the position of Powderman, the employee will receive the seventy-five cent ($.75) per hour premium during the entire time the employee holds the position. In the event the employee no longer holds the Powderman position, the premium of $.75 per hour will be discontinued.

 

            (b) Any employee shall be furnished a competent helper when needed.

 

(c) At all times when piping is being performed from the box, two (2) men shall be employed, one (1) of whom shall be from the area where the work is being performed.

 

(d) Employees shall be given time to reach a place of safety before battery is touched off.

 

(e) While employees are performing work in a quarry hole, other than pipe line thawing and general maintenance, a hoist operator and derrickman are to be on duty unless otherwise agreed upon by the Union.

 

(f) It is mutually agreed by both parties that types of labor performed for which no classification or minimum wage rates have been fixed can at any time be opened by either party and submitted to the negotiating committees of the Union and Company. The decisions of the conferees shall be subject to ratification by the Company and the Union.

 

(g) A foreman or assistant foreman may not take the place of any worker or perform any production work; he may, however, demonstrate the use of any tool of the trade for instructional purposes.

 

(h) The Company shall have at least the minimum, and not more than the maximum spare assignees set forth below:

 

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Quarry- Direct            min/max          Quarry- Service & Service Misc.                 

Derrick man    2/6                               Piper    1/3                              

Hoist operator  3/6                                                     

Equip. operator   3/6                           Rigger (aloft)/Carpenter  1/4

                                                           Compressor Operator/UtilityTruck Driver 1/3

                                               Bit Grinder 1/1

                                               Carpenter 1/1

 

 

All spare positions will be filled in accordance with the provisions of Article 12. The first person bidding for the spare position shall be designated the # 1 spare, the second person bidding for the spare position in the same classification shall be designated the #2 spare, and so forth. In the event of a permanent opening in the classifications listed, the #1 spare shall be entitled to the permanent position. In the event the #1 spare refuses the permanent position, that employee drops to the bottom of the spare list. The permanent position will then be offered to each spare on the list in numerical order and each spare refusing the permanent position will likewise drop to the bottom of the spare list for that classification until the position is filled. If none of the spares take the position, the permanent position will be filled in accordance with the provisions of Article 12. If a permanent position having spares is eliminated, the man eliminated from the permanent position shall become the #1 spare. In such event, the maximum number of spares shall be increased by the number of permanent jobs eliminated. Any employee whose job is eliminated and becomes a spare shall not be required to drop any other spare position he may hold. For purposes of filling any temporary position, the Company may use any spare on the spare list for that classification.

 

The Company will not use employees other than spares to fill the temporary openings in the applicable classification, unless the spares for a particular classification are being utilized in that classification or are absent from work due to vacation, sickness, on‑the‑job injury or off‑the‑job injury or for any other reason.

 

(i) Pay day shall be weekly.  Payment for all work done in any given week shall be made not later than Friday of the following week.  All discharged employees will receive their pay by cash or check the day they are discharged.  All laid‑off employees are to receive pay by check or in cash on the regular pay day for the week of the layoff in person or by mail at the option of the employee. An employee leaving shall notify the Company and having complied with this requirement shall receive his pay in cash or check on the regular pay day for the week of separation in person or by mail at the option of the employee.

 

(j) Employees who through infirmity or other reasons are not able to earn the wage given in this Agreement may work for such wages as may be satisfactorily agreed upon between the employee, the Union and the Company.

 

 

 

 

 

 

 

 

 

 

 

 

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4.8 Partners in Productivity Program

 

Each regular, full-time Employee (excluding summer employees) shall be entitled to participate in an incentive program providing for monthly and annual payments for production efficiency.  For the months of March through December (inclusive) each year, the Company will pay each Employee a monthly payment of $1.00 for each .01 cubic foot of saleable cubic feet of granite produced in the Barre and Bethel quarries per man hour worked in that month in excess of 4.3 saleable cubic feet per man hour worked.  Payment will be made not later than the second (2nd) weekly pay period after the close of the month.

 

In addition to the monthly payment the Company will make an annual incentive payment to each Employee for the ten (10) month period of fiscal March through December equal to $25.00 for each .01 of saleable cubic feet produced per man hour worked in the ten (10) month period in excess of 4.3 cubic feet per man hour worked.

 

The total annual incentive payment, including monthly and year-end payouts, shall not exceed $4,500.

 

The months of January and February are excluded from both the monthly and annual incentive plan due to adverse weather conditions and probable layoffs in those months.

 

Monthly saleable cubic feet produced per man hour worked shall be determined by dividing the total saleable cubic feet quarried from the Company's Barre and Bethel, Vermont quarries each month from the beginning of fiscal March through the last day of quarry work in fiscal December by the total hours worked by the Employees covered by this Agreement during that month.

 

The annual payment will be based on total saleable cubic feet quarried and total hours worked for all ten (10) months. Total saleable cubic feet quarried shall be as determined by the Company and reflected on its books of account. Hours worked shall not include vacations, holidays, call out time or other paid, but unworked hours.

 

The President, or his approved designee, Treasurer and Staff Representative of the Union shall have the right to inspect the quarry production, quarry payroll and quarry hours worked records of the Company to verify the calculations under this section.

 

The annual payment will be made on the last work day before the annual Christmas holiday with any inquired adjustment for that last day being paid within seven (7) days. Payment will be prorated to the nearest one hundredth (.01) of a cubic foot.

 

Employees who quit or are terminated during the year shall not be entitled to any payment under this program. Employees who retire during the year or are absent due to an on‑the‑job or off- the‑job injury shall receive a pro rata share based on months worked during the year.

 

Employees who retire during a month or are absent due to an on‑the‑job or off‑the‑job injury shall receive the monthly payment on a pro rata share based on days worked in the month, except a person who is injured on the job will receive the full monthly payment for the month the injury occurred. In addition, absence due to vacation, holiday or bereavement will not be considered as time away from the job for purposes of the monthly payment.

 

 

 

 

 

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4.9 Jury Duty

 

An employee who is required to report for jury duty on a day when he otherwise would have worked shall receive a day's regular straight‑time pay for up to a maximum of twenty (20) days per calendar year. The Company can require verification of jury duty served.

 

It is understood that if an employee is released from jury duty so that he can reasonably report for work at least three (3) hours before the end of his scheduled shift, he must report for work on that day.

 

 

ARTICLE 5

Military Service

5.1 Military Service

 

 Employees' rights shall not be forfeited because of military service with the government.  The Company agrees to abide by national laws covering rehiring of veterans.

 

 

ARTICLE 6

Holidays

 

6.1 Paid Holidays

 

The following holidays shall be classified as paid holidays:  the day preceding Town Meeting Day, Town Meeting Day, Memorial Day,  Fourth of July,  Labor Day,  Rock of Ages Employee Appreciation Day (to be observed on the Tuesday following the Monday Labor Day), Veterans' Day, Thanksgiving Day,  Friday after Thanksgiving Day and Christmas Day.  In addition, there shall be a paid holiday for New Year's Day, subject to the following terms and conditions:   To be eligible for this holiday, an employee must satisfy all eligibility requirements of this Article.  In addition, the employee must work during the week in which the New Year's holiday falls. Payment of the Christmas holiday does not affect eligibility for the New Year's holiday. 

 

No holiday pay will be granted until an employee has been in the employ of the Company for a period of at least thirty (30) calendar days.  If an employee quits before he has thirty (30) working days' service, no holiday pay is due.  If he is laid off or discharged through no fault of his own before he has accumulated thirty (30) working days' service, any holiday which fell within the period of his employment and discharge or layoff becomes due and payable.   After thirty (30) days' service, any holiday which falls within the first thirty (30) days after a layoff becomes due and payable to the laid‑off employee.

 

During the week of a paid holiday, the employee must work a minimum of a full scheduled work week excluding the holiday or holidays less one (1) scheduled workday. Exceptions to the above rule can be made only by prior arrangements with management. Sickness during the week of holiday shall not disqualify an employee if he has notified his employer.

 

When a holiday falls within an employee's vacation week, the employee shall receive pay for that day in addition to vacation pay.

 

 

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If a man is injured on the job, he shall be eligible for holiday pay for one (1) year or as long as he is receiving Worker's Compensation provided his doctor states he will return to work.

 

A man absent because of an off‑the‑job accident or sickness shall be eligible for paid holidays for one (1) year during such time as he is eligible to draw accident and health benefits under the present health and welfare plan and/or Social Security disability benefits.

 

In the event of a State or Federal law affecting the date on which holidays are celebrated, the parties hereto will negotiate with respect to appropriate changes in this Article with the understanding that the number of holidays will remain the same as set forth above.

 

Employees who are laid off during either of the weeks in which Town Meeting days or Thanksgiving falls shall not be eligible for holiday pay in those weeks.  Instead, such employees must as individuals report to work on the first work day following the conclusion of any such layoff and such employees may collectively and mutually agree with the Company on days when they will take personal days off with pay if they were otherwise eligible for the holiday pay. Such personal days must be taken within thirty (30) days after the first work day following the conclusion of the layoff in question and if mutual agreement is not reached, the employees will receive pay in lieu of any holidays to which they were entitled.

 

 

ARTICLE 7

Vacation

 

7.1 General

 

The vacation period will be May 1 to May 1.  Employees will be required to use a full week of vacation during the week of July 4 ^th if the company chooses to shut down that week.  After the first week, or including the first week if the company chooses to remain open the week of July 4 ^th , each employee shall have free choice in selecting his vacation time, and such choice will be allowed insofar as possible. Applications for vacation shall be made to management by May 15 of each year. The company will notify employees of their intention to close the quarries for the week of July 4 ^th prior to the May 15th vacation request deadline.  If the Company has not denied the employee's vacation request by June 1, the employee will be granted his requested vacation period, except in emergency situations.  Employees who fail to submit a vacation request prior to May 15 will lose their right to a resolution of conflicts by seniority as set forth in the following paragraph.

 

Whenever there is a conflict in dates among employees putting in for vacation time, the employee with the longest service with the Company shall have priority, unless the Company is able to show that the employee's presence during the requested period is indispensable.

 

Vacations shall be taken in periods of seven (7) consecutive days within one (1) vacation period.

 

One (1) weeks' earned vacation, meaning time away from the job, shall be compulsory. The above requirements may be modified by agreement between the Company and the employee and a copy of same shall be given to the Union. The requirement for compulsory vacation, meaning time away from the job, shall not apply to any employee who has not worked for eight (8) consecutive weeks as a result of layoff, injury or sickness.

 

Vacations will be granted to employees who have fulfilled the following requirements prior to May 1:

 

 

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(a) Employee must have worked ninety (90%) percent or more of the regular hours worked by the quarries during his period of employment for the twelve (12) months preceding May 1, the start of the vacation period, to be eligible for full vacation earned.

 

(b) Three‑fifths (3/5th) of full vacation earned if employee has worked eighty (80%) percent of the quarry hours schedule.

 

(c)  No vacation earned if employee has worked less than eighty (80%) percent of the quarry hours scheduled.

 

Temporary layoff of sixty (60) days or over, USWA strike time, or shutdowns due to business conditions do not count as earned time but do not terminate length of accumulated service.

EXAMPLE: A man works two (2) years for one (1) employer and then is laid off for a period of nine (9) months.   At the end of the nine (9) months he returns to work for the same employer and works two (2) more years.  His earned time is four (4) years.

 

An employee who has been employed by the Company for at least six (6) months shall be credited with up to a maximum period of one (1) year, for time lost because of the employee's sickness as earned time and accordingly the employee will be paid vacation pay.  An employee who loses time up to one (1) year due to sickness, and receives vacation pay therefore shall on return to work where l