AGREEMENTCollective Bargaining Agreement |
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Wells-Gardner Electronics Corporation. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
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Search Collective Bargaining Agreement by:
Exhibit 10.13
AGREEMENT DATED NOVEMBER 21, 2003 BETWEEN THE COMPANY
AND LOCAL 1031, I.B.E.W., AFL-CIO
EFFECTIVE - JUNE 30, 2003 TO JULY 2, 2006
TABLE OF CONTENT’S
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PAGE |
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ARTICLE
I |
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UNION AND MANAGEMENT |
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Section 1. |
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Parties and Effective Date |
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1 |
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Section 2. |
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Expiration Date and Renewal
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1 |
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Section 3. |
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Recognition |
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1 |
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Section 4. |
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Management |
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1-2 |
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Section 5. |
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Union Shop |
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2 |
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Section 6. |
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Check-off |
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2-3 |
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Section 7. |
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Non-Discrimination |
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3 |
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Section 8. |
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Trial Period Employees |
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3-4 |
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ARTICLE
II |
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REPRESENTATIVE,
GRIEVANCES AND ARBITRATION |
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Section 1. |
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Stewards |
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4 |
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Section 2. |
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Grievance Procedure |
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4-6 |
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Section 3. |
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Arbitration |
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6 |
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Section 4. |
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No Strike or Lockouts |
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6-7 |
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ARTICLE
III |
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HOURS OF WORK AND
OVERTIME |
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Section 1. |
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Regular Work Week |
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7 |
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Section 2. |
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No Staggering |
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7 |
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Section 3. |
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Changing Workweek |
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7 |
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Section 4. |
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Overtime |
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8 |
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Section 5. |
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Shift Premium |
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8 |
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Section 6. |
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Preference of Shift and
Overtime |
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8 |
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Section 7. |
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Lunch Periods |
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8 |
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Section 8. |
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Rest Periods |
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9 |
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Section 9. |
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Reporting Pay |
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9 |
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Section 10. |
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Call-Back Pay |
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9 |
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Section 11. |
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No Pyramiding |
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9 |
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ARTICLE
IV |
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SENIORITY |
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Section 1. |
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Basis of Seniority |
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9 |
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Section 2. |
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Effect of Seniority |
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9-10 |
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Section 3. |
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Seniority List |
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10 |
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Section 4. |
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Temporary Layoffs |
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10-11 |
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Section 5. |
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Temporary Transfers |
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11 |
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Section 6. |
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Options |
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11 |
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Section 7. |
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Demotion |
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11-12 |
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Section 8. |
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Rights on Recall |
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12-13 |
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Section 9. |
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Skill & Ability |
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13 |
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Section 10. |
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Vacancies |
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13-14 |
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Section 11. |
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On-the-Job-Training |
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14 |
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Section 12. |
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Leave of Absence |
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15 |
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Section 13. |
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Loss of Seniority |
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15-16 |
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Section 14. |
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Promotion to Exempt
Positions |
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16 |
I
TABLE
OF CONTENT’S CONT’D
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ARTICLE
V |
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VACATION AND HOLIDAYS |
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Section 1. |
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Eligibility and Amount of
Vacation |
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16-17 |
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Section 2. |
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Minimum Hours |
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17 |
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Section 3. |
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Computation of Vacation Pay |
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18 |
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Section 4. |
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Scheduling of Vacations |
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18 |
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Section 5. |
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Date Due |
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18 |
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Section 6. |
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Consecutive Days, etc |
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18 |
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Section 7. |
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Retiree Pro-Rata Vacation Pay |
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19 |
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Section 8. |
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Holidays and Holiday pay |
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19-20 |
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Section 9. |
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Floating Holiday |
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20 |
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ARTICLE
VI |
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WAGES |
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Section 1. |
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Rates |
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20 |
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Section 2. |
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Cost Of Living |
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20-21 |
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Section 3. |
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New Classifications |
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21 |
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Section 4. |
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Upgrading |
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21 |
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Section 5. |
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New Experienced Employees |
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21 |
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Section 6. |
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Payday |
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22 |
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Section 7. |
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Piece Work |
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22 |
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Section 8. |
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Pension Plan |
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22 |
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ARTICLE
VII |
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INSURANCE |
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22-23 |
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ARTICLE
VIII |
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GENERAL PROVISIONS |
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Section 1. |
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Saving Clause |
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23 |
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Section 2. |
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Bulletin Board |
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23 |
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Section 3. |
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Election Day |
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23 |
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Section 4. |
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Supervisors |
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24 |
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Section 5. |
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Right of Access |
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24 |
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Section 6. |
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Conflict with State &
Federal Laws |
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24 |
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Section 7. |
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Female Employees |
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24 |
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Section 8. |
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Paid Leave of Absence |
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24-25 |
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Section 9. |
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Jury Service |
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25 |
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Section 10. |
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Safety and Health
Provisions |
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25 |
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Section 11. |
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Union Employee Educational
Assistance Program |
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26 |
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Section 12. |
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Call-In Sick / Personal Day |
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27 |
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Section 13. |
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Inventory Shutdown
Scheduling |
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27 |
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Section 14. |
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Severance Plan |
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27 |
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Section 15. |
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401K Savings Plan |
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27 |
ii
ARTICLE
I
UNION
AND MANAGEMENT
Section 1.
Parties and Effective Date: The parties to this Agreement are: Wells-Gardner
Electronics Corporation, its successors or assigns, hereinafter called
the “Company” and Local 1031, International
Brotherhood of Electrical Workers, AFL-CIO, hereinafter called the
“Union”. This Agreement shall become effective June 30,
2003.
Section 2.
Expiration Date and Renewal: This Agreement shall remain in full force and
effect until July 2, 2006 and then shall automatically renew itself from
year to year thereafter, unless the Company or the Union gives written notice to
the other party to amend, modify or terminate within not less than sixty
(60) days prior to any expiration date. The parties may by mutual
agreement modify or amend this Agreement at any time hereafter.
Section 3.
Recognition: The Company recognizes the Union as the sole and exclusive
collective bargaining agent for all of the Company’s production and
maintenance employees located at 9500 West 55th Street –
Suite A, McCook, Illinois 60525-3605 excluding Wells-Gardner Electronics
Corporation executives and non-working supervisors, office, clerical and sales
employees, engineering and laboratory employees, supervisors, guards, outside
truck drivers, journey & craft persons who are represented for purposes of
collective bargaining by unions affiliated with the AFL-CIO.
Section 4.
Management: The management of the Company and its operations, the direction
of the work force, including the right to hire, assign, suspend, transfer,
promote, discharge or discipline for just cause and to maintain discipline and
efficiency of its employees and the right to relieve employees from duty
because of lack of work or for other legitimate reasons not in conflict with
the provisions of this Agreement; the right to determine the extent to which
the plant shall be operated; the right to introduce new or improved production
methods, processes or equipment; the right to decide the number and locations
of plants, the nature of equipment or machinery, the products to be
manufactured, the methods and processes of manufacturing, the scheduling of
production, the method of training employees, the designing and engineering of
products and the control of raw materials; the right to continue in accordance
with past practice to assign work to outside contractors; and the right to
enact Company policies, plant rules and regulations which are not in conflict
with this Agreement, are vested exclusively in the Company.
The Union
recognizes that there are functions, powers, authorities and responsibilities
belonging solely to the Company, prominent among which, but by no means
inclusive, are those enumerated in the preceding paragraph. The management
rights enumerated in said paragraph are not inclusive and shall not be deemed
to exclude other functions not herein listed.
The term
“just cause” as used in this Agreement includes but is not limited
to any violations of a published plant rule established pursuant to the
provisions of Article I.
Section 5.
Union Shop: All employees covered by the terms of this Agreement shall be
required to become and remain members of the Union as a condition of employment
from and after the sixty-first (61st) day following the date of their
employment or the effective date of this Agreement, whichever is later.
Section 6.
Check-Off: The Company agrees that it will make weekly deductions from each
weekly pay check covering any and all amount of dues and initiation fees that
may hereafter become due to the Union for any of its employees covered
hereunder, provided that the Union requests such deductions and accompanies
such requests with properly and legally executed assignments, in accordance
with law, authorizing such deductions. The employer further agrees that once
each week, it will remit promptly to the Union such collected amounts. At the
end of each calendar month, the Company shall forward to the Union an
alphabetical list of the names and the total amounts deducted during said month
from each employee covered. In lieu of this monthly alphabetical list, the
Company may, at its option, forward to the Union such an alphabetical list each
week along with the weekly remittance of collected amounts.
If through
inadvertence or error, the Company fails or neglects to make a deduction which
is properly due and owing from an employee’s weekly pay check, such
deduction shall be made from the next weekly pay check of the employee and
promptly remitted to the Union. It is expressly agreed and understood that the
Union assumes full responsibility for the validity and the legality of such
employee’s deductions as are made by the Company and hereby agrees to
indemnify and save the Company harmless, by virtue of such collections and
payments to the Union.
No deduction
shall be made from any employee for union dues in any week in which such
employee receives a check representing a total of less than eight
(8) hours at the employees regular rate of pay nor shall any deduction be
made from any employee’s pay check prior to the date on which, by the
terms of this Agreement, he/she is required to become a member of the Union as
a condition of employment.
Section 7.
Non-Discrimination: It is agreed between the parties that in the policies
and practices of the Company and in the membership policies and practices of
the Union there shall continue to be no discrimination against any employee on
account of race, creed, color, national origin or sex.
Section 8.
Trial Period Employees:
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(a) |
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Trial
Period: New
employees shall be on trial until they have been employed for a period of
sixty (60) calendar days and during such period the Company shall have
the right to dismiss or retain the employee at its own discretion. Upon
completion of such sixty (60) calendar days of employment, the employee shall
be deemed to be a regular employee. In all instances where a trial period
employee is laid off for |
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lack of work or
granted a leave of absence for illness or other good cause, such reduction
from active employment shall be deemed to be a layoff, unless at the date it
occurs, the employee is given a written notice stating that he/she is
terminated. |
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(b) |
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Return
from Leave or Recall of Laid Off Trial Period Employee: Trial period employees who are laid off
and by election of the Company subsequently recalled or who are granted a
leave of absence and subsequently return to work, must complete sixty
(60) calendar days of trial period active employment within six
(6) months of the date of their original hire date in order to become a
regular employee. Periods of trial period active employment, as referred to
above, shall include any week in which the employee works at least one full
day. At such time as the employee completes sixty (60) calendar day trial
period active employment, his/her “original hiring date”, for the
purpose of determining his/her length of service (in accordance with
Article IV, Section 3(b)) shall be established as that date sixty
(60) calendar days prior to the date of completion of the trial period
employment requirement. |
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