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AGREEMENT

Collective Bargaining Agreement

AGREEMENT You are currently viewing:
This Collective Bargaining Agreement involves

Wells-Gardner Electronics Corporation

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Title: AGREEMENT
Date: 3/15/2004
Industry: CMPEQP    

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exv10w13
 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

PAGE

ARTICLE I

 

UNION AND MANAGEMENT

 

 

 

 

Section 1.

 

Parties and Effective Date

 

1

 

 

Section 2.

 

Expiration Date and Renewal

 

1

 

 

Section 3.

 

Recognition

 

1

 

 

Section 4.

 

Management

 

1-2

 

 

Section 5.

 

Union Shop

 

2

 

 

Section 6.

 

Check-off

 

2-3

 

 

Section 7.

 

Non-Discrimination

 

3

 

 

Section 8.

 

Trial Period Employees

 

3-4

ARTICLE II

 

REPRESENTATIVE, GRIEVANCES AND ARBITRATION

 

 

 

 

Section 1.

 

Stewards

 

4

 

 

Section 2.

 

Grievance Procedure

 

4-6

 

 

Section 3.

 

Arbitration

 

6

 

 

Section 4.

 

No Strike or Lockouts

 

6-7

ARTICLE III

 

HOURS OF WORK AND OVERTIME

 

 

 

 

Section 1.

 

Regular Work Week

 

7

 

 

Section 2.

 

No Staggering

 

7

 

 

Section 3.

 

Changing Workweek

 

7

 

 

Section 4.

 

Overtime

 

8

 

 

Section 5.

 

Shift Premium

 

8

 

 

Section 6.

 

Preference of Shift and Overtime

 

8

 

 

Section 7.

 

Lunch Periods

 

8

 

 

Section 8.

 

Rest Periods

 

9

 

 

Section 9.

 

Reporting Pay

 

9

 

 

Section 10.

 

Call-Back Pay

 

9

 

 

Section 11.

 

No Pyramiding

 

9

ARTICLE IV

 

SENIORITY

 

 

 

 

Section 1.

 

Basis of Seniority

 

9

 

 

Section 2.

 

Effect of Seniority

 

9-10

 

 

Section 3.

 

Seniority List

 

10

 

 

Section 4.

 

Temporary Layoffs

 

10-11

 

 

Section 5.

 

Temporary Transfers

 

11

 

 

Section 6.

 

Options

 

11

 

 

Section 7.

 

Demotion

 

11-12

 

 

Section 8.

 

Rights on Recall

 

12-13

 

 

Section 9.

 

Skill & Ability

 

13

 

 

Section 10.

 

Vacancies

 

13-14

 

 

Section 11.

 

On-the-Job-Training

 

14

 

 

Section 12.

 

Leave of Absence

 

15

 

 

Section 13.

 

Loss of Seniority

 

15-16

 

 

Section 14.

 

Promotion to Exempt Positions

 

16

I

 


 

TABLE OF CONTENT’S CONT’D

 

 

 

 

 

 

 

 

 

 

 

 

 

PAGE

ARTICLE V

 

VACATION AND HOLIDAYS

 

 

 

 

Section 1.

 

Eligibility and Amount of Vacation

 

16-17

 

 

Section 2.

 

Minimum Hours

 

17

 

 

Section 3.

 

Computation of Vacation Pay

 

18

 

 

Section 4.

 

Scheduling of Vacations

 

18

 

 

Section 5.

 

Date Due

 

18

 

 

Section 6.

 

Consecutive Days, etc

 

18

 

 

Section 7.

 

Retiree Pro-Rata Vacation Pay

 

19

 

 

Section 8.

 

Holidays and Holiday pay

 

19-20

 

 

Section 9.

 

Floating Holiday

 

20

ARTICLE VI

 

WAGES

 

 

 

 

Section 1.

 

Rates

 

20

 

 

Section 2.

 

Cost Of Living

 

20-21

 

 

Section 3.

 

New Classifications

 

21

 

 

Section 4.

 

Upgrading

 

21

 

 

Section 5.

 

New Experienced Employees

 

21

 

 

Section 6.

 

Payday

 

22

 

 

Section 7.

 

Piece Work

 

22

 

 

Section 8.

 

Pension Plan

 

22

ARTICLE VII

 

INSURANCE

 

22-23

ARTICLE VIII

 

GENERAL PROVISIONS

 

 

 

 

Section 1.

 

Saving Clause

 

23

 

 

Section 2.

 

Bulletin Board

 

23

 

 

Section 3.

 

Election Day

 

23

 

 

Section 4.

 

Supervisors

 

24

 

 

Section 5.

 

Right of Access

 

24

 

 

Section 6.

 

Conflict with State & Federal Laws

 

24

 

 

Section 7.

 

Female Employees

 

24

 

 

Section 8.

 

Paid Leave of Absence

 

24-25

 

 

Section 9.

 

Jury Service

 

25

 

 

Section 10.

 

Safety and Health Provisions

 

25

 

 

Section 11.

 

Union Employee Educational Assistance Program

 

26

 

 

Section 12.

 

Call-In Sick / Personal Day

 

27

 

 

Section 13.

 

Inventory Shutdown Scheduling

 

27

 

 

Section 14.

 

Severance Plan

 

27

 

 

Section 15.

 

401K Savings Plan

 

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:

 

(a)

 

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

 


 

 

 

 

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.

 

 

(b)

 

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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