COLLECTIVE BARGAINING AGREEMENT

 

TABLE OF CONTENTS

				Pg. #
ADDITIONAL SHIFTS		ARTICLE 11		9
DISCIPLINE AND DISCHARGE		ARTICLE 20		16
EMPLOYEE RETIREMENT SAVINGS PROGRAM		ARTICLE 27		22
EQUAL EMPLOYMENT OPPORTUNITY		ARTICLE   4		4
GENERAL PROVISIONS		ARTICLE 31		24
HEALTH, DENTAL, LIFE AND VISION INSURANCE		ARTICLE 26		21
HOLIDAY PAY		ARTICLE 24		19
INDUSTRIAL INJURIES		ARTICLE 21		17
JOB BIDDING PROCEDURE		ARTICLE 16		13
JOB CLASSIFICATIONS		ARTICLE 29		24
JOINT COMMITTEE ON INDUSTRIAL RELATIONS		ARTICLE 30		24
LEAVES OF ABSENCE		ARTICLE 28		23
MANAGEMENT RIGHTS		ARTICLE   2		2
NO STRIKE NO LOCKOUT		ARTICLE   3		3
OVERTIME		ARTICLE 13		10
PAID VACATIONS		ARTICLE 23		18
PAY CONDITIONS		ARTICLE   9		7
PAYROLL CHECK-OFF OF UNION DUES		ARTICLE   6		5
PROBATIONARY PERIOD		ARTICLE   7		6
RECOGNITION		ARTICLE   1		2
REGULAR WORK TIME		ARTICLE   8		6
REPRESENTATION		ARTICLE 17		14
SENIORITY AND CONTINUOUS SERVICE		ARTICLE 15		12
SETTLEMENT OF DISPUTE/GRIEVANCE PROCEDURE		ARTICLE 19		15
SHOP STEWARDS		ARTICLE 18		14
SHOW UP TIME		ARTICLE 12		9
SICK PAY		ARTICLE 25		20
SOLE AND ENTIRE AGREEMENT		ARTICLE 32		25
TERM OF AGREEMENT		ARTICLE 33		26
TOOLS		ARTICLE 22		18
TRUCK BREAKDOWNS OR IMPASSABLE HIGHWAYS		ARTICLE 14		11
UNION SECURITY		ARTICLE   5		4
WAGES		ARTICLE 10		7
WAGES SHEDULE		EXHIBIT A		27

 

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This Agreement is made and entered into this 1st day of March 2005 by and between International Window - Northern California (hereinafter referred to as the “Company”) and Glaziers Architectural Metal And Glass Workers Union, Local 1621 (hereinafter referred to as the “Union”).

Whereas, the Company’s obligation to operate its business profitably and to fulfill its obligation to its employees to pay a fair day’s pay for a fair day’s work should not be obstructed by disputes between it and its employees; and

Whereas, it is the intent of the parties to set forth herein their agreement with respect to rates of pay, hours of work, and conditions of employment to be observed by the Company, the Union, and employees covered by this Agreement; to promote harmonious relations between the Company, its employees, and the Union; and

Whereas, it is the desire of all parties hereto to further all of the aforementioned ends in entering into this Agreement:

Now, therefore, it is mutually understood and agreed by and between the parties hereto as follows:

ARTICLE 1

RECOGNITION

The Company recognizes the right of employees covered by this Agreement to self-organization and to bargain collectively with representatives of their own choosing and, accordingly, hereby recognize the Union as the exclusive representative for the purposes of collective bargaining with respect to rates of pay, hours of employment and other terms and conditions of employment for its unit employees in a unit consisting of all production and maintenance employees employed by the Company at its Hayward, California facility, including warehousemen, truck drivers, insulated workers, window makers, door and window assemblers and maintenance workers, excluding all other employees, material counter employees, office clerical employees, guards and supervisors as defined in the National Labor Relations Act.

ARTICLE 2

MANAGEMENT RIGHTS

Section 1.

The Company expressly retains the complete and exclusive rights, powers and authority to manage its operation and direct its employees except as the terms of this Agreement expressly and/or specifically limit said rights, powers and authority.  These retained rights, powers and authority include, but are not limited to, the right to determine the methods of producing, selling, marketing, financing and advertising products and services; to determine the prices of products and services; to determine methods, processes, standards, means, schedules and volume of production, manufacture, re-manufacture, operation, fabrication, repair, distribution, licensing, administration and sales; to determine product lines and types of service; to establish, revise or continue policies, practices or procedures for the conduct of the business; to determine or redetermine the number, location, relocation and types of its operations, tile types and distributions of work within the locations, and the methods, processes, services, equipment and materials to be utilized; to establish, continue or discontinue processes, functions, operations and services and/or their performance by employees of the Company; to determine employees’ starting and quitting times and the number of hours per day and per week operations shall be carried on and any employee shall work; to select, assign and reassign work to employees or others in accordance with requirements determined by management; to determine the existence, amount or lack of work; to make and enforce reasonable rules for the maintenance of discipline, efficiency, security or safety; to hire, promote, demote, transfer, layoff, recall and terminate employees; to assign and reassign employees to duties, shifts and hours of work; to maintain order, efficiency and security in its operation; to discharge, suspend or otherwise discipline employees; to determine the size, composition and distribution of the

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working force; to supervise and direct employees in the performance of their duties; to set, enforce and change production standards to ensure quality control and the proper and efficient use of the working force and equipment.

Section 2.

It is specifically understood that the enumeration of certain management prerogatives listed above shall not be deemed to exclude other management prerogatives not specifically enumerated above.  It is further specifically agreed that all the rights, powers or authority vested in the Employer, except those specifically abridged, delegated, deleted and/or modified by the express terms of this Agreement, are retained by the Employer.

Section 3.

The above statement of management rights are subject to the provisions of this Agreement and any complaint or dispute concerning exercise of any such management prerogative shall constitute a grievance within the meaning of this Agreement.

ARTICLE 3

NO STRIKE NO LOCKOUT

Section 1.

The Union and the company have provided in this Agreement an orderly and rational way of resolving disputes covering the terms of this Contract and involving employees in this bargaining unit.  Both the Company and the Union pledge to utilize the grievance procedure wherever applicable and declare their opposition to lockouts and strikes in attempting to resolve such disputes.

Section 2.  No Lockout

The Company agrees that during the term of this Agreement, it will not engage in any lockout of its employees covered by this Agreement.

Section 3.  No Strike

During the term of this Agreement there shall be no strike (sympathy or otherwise), slowdown, sick-in, work stoppages, picketing, hand-billing, boycotting, or other restriction of or interference with the operations of the Company or directed against the Company at its Hayward location or at any location or work site.  Any employee covered by this Agreement engaging in any such activity will neither earn, accrue, nor receive any benefits that may otherwise have occurred or accrued during the time the employee is engaged in any such activity.  The Company may also discharge or otherwise discipline any such employee and said discharge or other discipline will not be subject to the grievance provisions of this Agreement.  The only matter under this Section (No Strike No Lockout) which may be subject to arbitration is whether or not the conduct which is alleged to have occurred, did in fact occur.

Section 4.

The Union and the Company agree that neither it nor its officers or agents will engage in, cause, encourage, permit, condone or sanction any conduct specifically precluded by this Article and will make every reasonable effort to discourage and terminate such activity.

Section 5.

No employee shall be required to cross a lawful, primary picket line sanctioned by Glaziers, Architectural Metal and Glass Workers, Local No. 1621 established at locations other than the Company plant (as defined in this Agreement).

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ARTICLE 4

EQUAL EMPLOYMENT OPPORTUNITY

Neither the Company nor the Union shall discriminate against any employee or job applicant because of such person’s race, color, creed, sex, national origin, age (in conformity with the Age Discrimination in Employment Act) or physical handicap (to the extent they are able to perform the essential functions of their job).  Whenever the masculine pronoun is used in the Agreement it shall refer to both genders.  The masculine, feminine and neuter genders shall be deemed to include the others, unless a different meaning is plainly required by the contract.

ARTICLE 5

UNION SECURITY

Section 1.

Each employee whose employment commenced before July 13, 1987, shall waive the right to join or refuse to join the Union at any time.  Such employees who join the Union shall maintain their membership in good standing, and as a condition of continued employment with the Company, remain a member in good standing of the Union.

Each employee who commences his/her employment after July 13, 1987, shall on the thirty-first (31st) day following the beginning of his/her employment become and thereafter remain a Union member in good standing as a condition of continued employment.

Section 2.

The Union agrees that neither it nor any of its officers or members will coerce employees into membership or dues or other Union activity during working time unless specifically authorized by the Company in writing.

The Company agrees that it will not interfere with, restrain, or coerce employees because of membership or any lawful activity in the Union.

Section 3.

A member in good standing is defined to mean:  An employee who tenders directly to the Union or authorizes payroll check-off to the Union of the Union’s uniform initiation fees and the current month’s regular Union dues.  Any employee failing to maintain “good standing” shall, upon written notice from the Union to the Company, be removed from work within five (5) days.

Section 4.

The Union hereby indemnifies the Company and promises to save harmless from any and all claims which may be made against it by any employee who is discharged pursuant to this Article.

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ARTICLE 6

PAYROLL CHECK-OFF OF UNION DUES

The Company and the Union agree to a voluntary payroll check-off system for employees who elect to authorize the Company to deduct from their pay the monthly Union dues and initiation fees required as a condition of employment for those employees as per Article 5, with the following stipulations:

Section 1.

The Company will notify the Union of all new hires.  The Union agrees to furnish the Company with signed voluntary authorization cards.  The Union also agrees to furnish the Company monthly with a duplicate list of all employees who have signed said authorization cards.

Section 2.

During the term of this agreement and during any extension thereof, as provided in this agreement, the Company shall deduct on the second pay period of the month the Union dues and initiation fees as designated on the voluntary authorization cards signed by the individual employees.  The Company shall remit such deductions together with a duplicate copy of the check-off list to the Union.

Section 3.

Upon notification from the Union that any employee is in arrears in Union dues or initiation fees or any part thereof, the Company will deduct the amount of arrearage or unpaid initiation fee at the same time that deductions are made for Union dues to the extent that such deduction is authorized by said voluntary authorization card.

Section 4.

The Union hereby indemnifies the Company and promises to save it harmless from any and all claims which may be made against it by an employee for amounts deducted from wages as herein provided.

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ARTICLE 7

PROBATIONARY PERIOD

Section 1.

All new employees hired on or after the signing of this Agreement, shall be on probation for the first ninety (90) calendar days of employment.  During the probationary period, the Company shall have the absolute right, in its sole discretion, to discharge or lay off any probationary employee for any reason.  Such probationary employees shall have no recourse to the grievance procedure in this Agreement in connection with such Company actions.

Section 2.

Upon completion of the probationary period, seniority will be computed from the employee’s original date of hire.  During this period of time new employees may not be entitled to any of the benefits specified for non-probationary employees.

Section 3.

Prior to the completion of the first ninety (90) calendar days, the employee shall have no seniority rights.

ARTICLE 8

REGULAR WORK TIME

Section 1.

This Article is intended to provide a definition of regular hours or days of work and shall not be construed as a guarantee of hours of work per day or per week, or days of work per week.

Section 2.

Eight (8) hours shall constitute a regular work day.  Five (5) days shall constitute a regular work week, from Monday through Friday, inclusive.  The regular day shift may start at any time between six (6:00) a.m. and eight (8:00) a.m.  The regular swing shift may start at any time between two-thirty (2:30) p.m. and four-thirty (4:30) p.m. The Company shall notify the Union, in writing, of the time elected as the normal shift starting time.

Section 3.

In unusual or emergency circumstances the Company reserves the right to select individuals or department shifts to start at times other than the usual starting time.  Employees with different starting times will be personally notified as such.

Section 4.

The regular work day shall continue uninterrupted for eight (8) hours, except for a meal period of at least one-half (1/2) hour, at approximately mid-shift.  Also, a ten (10) minute rest period, to be provided midway in the morning, and ten (10) minutes midway in the afternoon.  This shall be applicable to all Shifts.

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ARTICLE 9

PAY CONDITIONS

Section 1.

All employees shall be employed and paid on an hourly basis.  They shall be paid at least once a week in accordance with the terms of this Agreement.

Section 2.

No more than one (1) week’s pay will be held back from an employee.

Section 3.

An employee, when discharged, shall at the time be paid in full for his services.  In case of failure to comply with this Section, the employee shall be paid for normal additional working hours while waiting, until he is paid in full.  Employees working the second and third shifts shall be paid in full by 10:00 a.m. the following work day.

Section 4.

No piece work, unless agreed upon between the parties, shall be permitted on any type of work covered by this Agreement, however, this shall not in any way restrict the Company’s right to set production standards as they relate to the performance of work.  Neither the Company, nor the agent of the Union, or an employee covered by this Agreement, shall give or accept, directly or indirectly any rebate of wages.

Section 5.

Records, verified by each employee, shall be kept by the Company for a period of ninety days, showing the individual straight and overtime hours worked under this Agreement.  Said record shall be subject to examination by an authorized representative by the Union at any reasonable time or times during regular working hours by the Union.

ARTICLE 10

WAGES

Section 1.

All employees working in classifications covered by this agreement, unless otherwise specified shall be paid no less than the classification rate set forth in the attached Exhibit “A”.

Section 2. General Wage Increase

The general wage increase for the term of the contract will be granted in accordance with the classification rates set forth in the attached Exhibit “A” and the following schedule and rules:

Effective February 27, 2005

Amount the employee’s current straight time hourly rate of pay is over their job grade		Amount of increase to be added to the employee’s straight time hourly rate of pay
$0.05 to $0.50 over		90% of appendix A increase
$0.51 to $1.00 over		85% of appendix A increase
$1.01 or more over		75% of appendix A increase

 

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Effective February 26, 2006

Amount the employee’s current straight time hourly rate of pay is over their job grade		Amount of increase to be added to the employee’s straight time hourly rate of pay
$0.04 to $0.50 over		90% of appendix A increase
$0.51 to $1.00 over		85% of appendix A increase
$1.01 to $1.50 over		75% of appendix A increase

 

Effective February 25, 2007

Amount the employee’s current straight time hourly rate of pay is over their job grade		Amount of increase to be added to the employee’s straight time hourly rate of pay
$0.04 to $0.50 over		90% of appendix A increase
$0.51 to $1.00 over		85% of appendix A increase
$1.01 to $1.50 over		75% of appendix A increase

 

Leadperson:   The Leadperson will receive $.60 per hour over the highest grade supervised except the department specialist.

Section 3

It is understood that the classification rates listed in Exhibit “A” are hourly rates for experienced employees (after normal progression) for each classification.  Any employee, at the signing of this Agreement, receiving more than these rates while remaining continuously employed shall not suffer a reduction of wages during the life of this Agreement, unless specified elsewhere.

Section 4 Progression

People may be hired at the State of California or Federal minimum hourly wage, whichever is higher.  Effective the first Monday of each month they shall receive a minimum fifteen cents ($ 0.15) per hour increase and thereafter every first Monday of the following month shall be raised a minimum fifteen cents ($0.15) per hour until they reach the proper rate of pay for their classification.  Progressionary movement in classification grades shall be at the rate of fifteen cents ($0.15) per hour and paid in the same manner as above.

Those employees classified as Truck drivers or Maintenance Technicians who are in progression shall be paid forty cents ($ 0.40) per hour progression until they reach the proper rate of pay for their classification.  Those employees classified as Maintenance Helpers who are in progression shall be paid twenty-five cents ($ 0.25) per hour progression until they reach the proper rate of pay for their classification.

All employees who are in progression towards scale and have not yet achieved scale prior to the general wage increase dates in Exhibit A shall continue in progression until reaching the new scale.

Section 5.

Employees who are reclassified into a lower paying classification on a permanent basis for whatever reason shall receive a rate as agreed to by the Company and the Union or the rate for that classification as listed in Exhibit “A”.

Section 6.

The Company may, in addition to the minimum wage rates set forth in this Agreement, award merit increases.  The granting or withdrawal of such amounts shall be the exclusive right of the Company.

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Section 7.

The Company may, after discussion of all aspects of said program with the Union, establish a performance bonus pay program at any time during the term of this Agreement.  Such program payoffs would be in addition to the wages paid in accordance with the terms of this Agreement.  The establishment of the standards, amount of payoff, criteria and the total implementation, administration or discontinuance of such a pay program rests exclusively with the Company and would not be subject to the grievance and arbitration procedure.

ARTICLE 11

ADDITIONAL SHIFTS

 

All employees assigned to the swing shift shall receive twenty-five cents (.25¢) per hour above their regular straight time hourly rate of pay.  All employees assigned to the graveyard shift shall receive thirty cents (.30¢) per hour above the regular time hourly rate of pay.  Shift differential shall be paid for only those hours actually worked during swing shift or graveyard shift.

ARTICLE 12

SHOW-UP TIME

Section 1.

Provided they are available at the regular starting time, employees ordered to work for whom no work is provided, shall receive a minimum of four (4) hours pay, and if said employees work five (5) or more hours, they shall receive eight (8) hours pay.  However, if an employee elects to leave his employment before the end of the shift, he shall only be paid for the actual time worked.

In carrying out the above, employees shall be considered as having been scheduled to work if the foreman or plant manager, or person in charge of the operation, or his representative, fails to notify such employees not to report by the end of the shift on the previous work day.

Section 2.

There will be no obligation for the Company to pay the minimum referred to in this article in the event of floods, fires, power failure or other occurrences beyond the Company’s control.

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ARTICLE 13

OVERTIME

The rate of wages for overtime worked shall be as follows:

Section 1.

For the first four (4) hours after the first eight (8) hours worked in any one day, and work on Saturdays for the first eight (8) hours beyond forty (40) straight-time hours in a workweek, time and one-half (1 1/2) the regular straight time hourly rate shall be paid.

Section 2.

All overtime worked thereafter, and work Performed on Sundays, shall be paid for at the rate of double (2) time.

Section 3.

Herein listed holidays when worked shall be paid for at the rate of double (2) time plus the holiday pay.

Section 4.

If a regularly assigned swing or graveyard shift which begins on a Friday or the day before a holiday continues into holiday or Saturday hours, or if a regularly scheduled graveyard shift starts prior to 12:01 a.m. Monday, those shift hours which fall on a Saturday, Sunday or holiday shall be worked at the applicable regular straight time hourly rate of pay plus shift differential and not at an overtime rate.

Section 5.

Any employee working more than eight (8) hours in any one shift shall be entitled to a ten (10) minute rest period at the end of his regular shift, provided he has been scheduled to work at least two (2) hours overtime.

Section 6.

The Company will make a reasonable effort to fulfill overtime requirements on a voluntary basis, however, if a sufficient number of qualified employees have not volunteered, the Company reserves the right to schedule qualified employees to perform the overtime work.

The Company will make a reasonable effort to assign mandatory overtime to the less senior qualified employees unless special skills are required or other unusual circumstances arise.  The Company will make every effort to insure that overtime is distributed in a fair fashion.

If any employee has previously notified the Company of a prior appointment with a doctor, hospital or clinic, that employee will be exempt from the mandatory overtime provisions in Section 7.  Personal commitments will be taken into consideration as the manpower requirements allow.

Section 7.

Any employee, when required to work overtime during the regular week, must be notified by lunch of that day.  When an employee is required to work on Saturday he must be notified no later than lunch on Thursday.  The Company may, after the above stated times, request that an employee work overtime during the regular week or on Saturday, Sunday, or on a holiday.  When so requested the employee, at his option, may accept or decline the offered work.

Section 8.

In that overtime is an integral part of the positions in the maintenance and shipping departments, they will be excluded from the overtime notification requirements.

Section 9.

In no event shall overtime be pyramided or duplicated.

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Section 10.

Any incorrect assignments of overtime or violations of the provisions of this Article will be resolved by the aggrieved party being offered the next opportunity to work available overtime rather than direct payment of any type.

ARTICLE 14

TRUCK BREAKDOWNS OR IMPASSABLE HIGHWAYS

On truck breakdowns or impassable highways, drivers on all runs shall be paid normal straight time hourly rates for all time spent on such delays, commencing with the first (1st) hour or fraction thereof, but not to exceed eight (8) hours, out of each twenty-four hour period, except that when an employee is required to remain with the equipment during such breakdown or impassable highway, the driver shall be paid for all such time at the driver’s normal straight time rate or overtime rate whichever is applicable.

All time lost due to delays as a result of overloads or certificate violations involving federal, state or city regulations, which occur through no fault of the driver, shall be paid for at the regular applicable hourly rate.

When a driver is held overnight away from home because of a truck breakdown, impassable highway, or a regularly scheduled overnight run, the driver shall be allowed a total of eighty five dollars ($85.00) per night for expenses covering both meals and lodging.  All other business related expenses will be paid by the Company upon presentation of cost receipts.

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ARTICLE 15

SENIORITY AND CONTINUOUS SERVICE

 

Section 1.

Seniority encompasses the following:

a)                 Length of continuous service

b)                Knowledge, skill and efficiency

c)                 Physical fitness to do the job

When items (b) and (c) are equal, length of continuous service shall govern.

When a reduction of the working force occurs, employees shall be laid off in accordance with their seniority, and the employee with the least amount of seniority will be laid off first.  When the work force is increased after a layoff, the last qualified employee laid off will be the first to be recalled.

Section 2.

When employees have completed the probationary period, they shall have a plant-wide seniority status beginning with the date of employment within the bargaining unit and their continuous service shall commence as of such date.  Unless specified to the contrary elsewhere in this Agreement, the continuous service of an employee shall not be affected or interrupted as a result of layoffs, injury, illness, leaves of absence, or other cause not due to the voluntary act or fault of the employee.

Section 3.

Seniority as defined above would be used only in the case of a reduction or recall of the workforce.  Length of continuous service however would be used as is referenced in all other instances, i.e.transfer, promotion, benefits accrual, vacation selection, etc.

Section 4.  Loss of Seniority and Continuous Service

Continuous service and seniority for all purposes shall be broken, recall and seniority rights forfeited by, and employment and seniority shall cease for any of the following reasons:

(a)  Failure to notify the Company and the Union of intent to return to work within Seventy two (72) hours after the date of recall notice is sent by telegram or other verifiable methods and/or failure to report punctually for work within five (5) days after the date a recall notice is sent to the employee’s last address on record with the Company;

(b)      Absence from work for any reason for three or more days, without notice;

(c)       Voluntary quit;

(d)      Discharge;

(e)       Retirement;

(f)  Failure to return to work promptly at the expiration of any leave of absence granted in writing by the Employer or working while on such leave of absence;

(g)      Layoff for a period of six (6) months.

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ARTICLE 16

JOB BIDDING PROCEDURE

Section 1.

When permanent full time vacancies or permanent new positions occur in other than entry level positions (Grade IV and Grade V), the Company shall post a notice on the bulletin board prior to filling the positions permanently.  The notice shall be posted for at least forty-eight (48) hours.  Such posting shall include the classification of the job, the rate of pay, the department (where applicable) and the shift.

Section 2.