EXHIBIT 10.7
COLLECTIVE
BARGAINING
AGREEMENT
BETWEEN
INTERNATIONAL
WINDOW
ARIZONA, INC.
AND
INDUSTRIAL
CARPENTERS
LOCAL UNION NO.
2093
EFFECTIVE
June 5, 2005 – June 7,
2009
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TABLE OF
CONTENTS
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PAGE
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ARTICLE 1
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PURPOSE
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4
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ARTICLE 2
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SAVINGS CLAUSE
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4
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ARTICLE 3
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EQUAL EMPLOYMENT OPPORTUNITY
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4
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ARTICLE 4
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HEALTH AND SAFETY
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5
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ARTICLE 5
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MANAGEMENT RIGHTS
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5-6
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ARTICLE 6
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NO STRIKE – NO LOCKOUT
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6
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ARTICLE 7
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PAY PERIODS
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6
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ARTICLE 8
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EMPLOYMENT & DISPATCH PROCEDURE
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6
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ARTICLE 9
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CHECK-OFF
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7
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ARTICLE 10
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UNION LABEL
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7-8
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ARTICLE 11
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RIGHTS OF UNION REPRESENTATION
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8
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ARTICLE 12
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SHOP STEWARDS
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8
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ARTICLE 13
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REGULAR WORK TIME
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8-9
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ARTICLE 14
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SHOW UP TIME
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9
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ARTICLE 15
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SHIFT PREMIUM
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9
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ARTICLE 16
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CLASSIFICATIONS AND RATES OF PAY
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9-10
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ARTICLE 17
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OVERTIME PAY
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11-12
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ARTICLE 18
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SENIORITY
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12-14
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ARTICLE 19
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REQUEST FOR TRANSFER
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14
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ARTICLE 20
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GRIEVANCE & ARBITRATION PROCEDURE
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14-15
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ARTICLE 21
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SICK PAY
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15-16
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ARTICLE 22
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LEAVE OF ABSENCE
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16-17
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ARTICLE 23
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HOLIDAY PAY
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17
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ARTICLE 24
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PAID VACATIONS
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17-18
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ARTICLE 25
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FUNERAL PAY
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18-19
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ARTICLE 26
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HEALTH, WELFARE AND DENTAL BENEFITS
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19-20
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ARTICLE 27
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EMPLOYEE RETIREMENT SAVINGS PROGRAM
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20-21
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ARTICLE 28
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GENERAL PROVISIONS
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21
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ARTICLE 29
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SOLE AND ENTIRE AGREEMENT
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21
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ARTICLE 30
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DURATION OF AGREEMENT
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22
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EXHIBIT “A”
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HOURLY WAGE SCHEDULE
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23-24
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SIGNATURES
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25
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2
A G R E E M E N T
THIS AGREEMENT is made and entered
into this 21 st
day of July, 2005, and
effective as of the 5 th day of June, 2005 by and between
INTERNATIONAL WINDOW ARIZONA, INC. located at 2500 East Chambers
Street, Phoenix, Arizona 85040 hereinafter called the
“Company” and the INDUSTRIAL CARPENTERS LOCAL UNION NO.
2093, represented by SOUTHWEST REGIONAL COUNCIL OF CARPENTERS,
hereinafter known as the “Union”.
It is agreed between the parties
signatory hereto, that the above mentioned Union is and shall
remain, as long as this Agreement is in force, the sole and
exclusive bargaining representative of all persons working for the
Company at the location specified above. Employees working as
guards, office workers, salesmen and supervisory personnel are
excepted as defined by the Labor-Management Relations Act of 1947,
as amended.
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ARTICLE 1
PURPOSE
The Company recognizes that it
cannot get along without labor any more than labor can get along
without the Company. The Union and the Company recognize that
the success of the business is vital to all concerned. This
requires that both the Company and the employees work together to
the end that quality and cost of the product will prove
increasingly attractive to the customer so that the business will
be continually successful.
Both parties hold that the basic
interest of the employer and the employees are the same; however,
at times employees and the Company may have different ideas on
various matters affecting their relationship. Both the
Company and the Union are convinced that there is no reason why
differences cannot be peaceable and satisfactorily adjusted by
sincere and patient effort on both sides.
This Agreement outlines provisions,
which should aid in the attainment of these goals.
ARTICLE 2
SAVINGS
CLAUSE
In the event any Federal, State or
local law conflicts with any provisions of this Agreement, the
provision or provisions so affected shall no longer be operative or
binding upon the parties, but the remaining portion of the
Agreement shall continue in full force and effect.
ARTICLE 3
EQUAL EMPLOYMENT
OPPORTUNITY
Section
a)
Neither the Company or the Union
shall discriminate against any employee because of such
employee’s race, color, religion, sex, national origin or age
(to the extent prohibited by the age discrimination act only) or
physical handicap (to the extent they are able to perform the
duties assigned).
Section
b)
All reference to employees in this
Agreement designate both sexes and whenever the male gender is
used, it shall be construed to include both male and female
employees, if applicable.
Section
c)
All grievances alleging a violation
of this Section shall be furnished to the other party n
writing. If no satisfactory settlement is reached by Step 3
of the Grievance procedure, such grievance shall not be subject to
Step 4 (Arbitration) of the Grievance Procedure, but may be the
basis of a complaint before the federal or state agency, which has
jurisdiction over the subject matter.
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ARTICLE 4
HEALTH AND
SAFETY
Section
a)
Safety/Production Review Committee:
The committee shall consist of two managers or supervisors,
appointed by the Company and two factory employees, appointed by
thee Union. This committee’s responsibilities will be
to review the safety programs and production records of each
department quarterly to help find ways to improve those
areas. The information will be provided to management with
the committee’s recommendations. Management retains the
right to determine subjects or issues considered by the committee
and which of the committee’s recommendations it will
implement.
Section
b)
The Company shall make reasonable
provisions for the safety and health of its employees in the plant
during their hours of employment. The Company agrees that it
will furnish and maintain first aid equipment. The Union and
its members will cooperate in maintaining sanitary conditions and
in the use of safety devices, making suggestions so as to improve
the safety and health of the employees, and taking reasonable care
of any safety material provided.
Section
c)
Employees injured on the job will
not suffer a loss of wages due to visits to the doctor or hospital
for examination or treatment during working hours on the day of the
injury. Visits to a doctor or hospital after the day of injury
shall be on non-working time; provided, however, if an employee
must see a specialist during normal working hours, the Company
shall provide time off with pay not to exceed an aggregate of three
(3) hours.
Section
d)
An employee who is unable to perform
the duties of his job because of injury or physical handicap, may
be placed in a different type of work and at a reduced rate of pay,
by mutual agreement between the Company, the Union and the
employee.
Section
e)
The Company reserves the right to
send, at any time and at the Company’s expense, an employee
to a recognized doctor, hospital or medical clinic to have the
employee examined or tested to insure that he is physically,
mentally or emotionally capable of performing his job. All
employees agree as a condition of continued employment to abide by
this procedure and authorize any medical facility so used to
release the information obtained to the appropriate Company
representative.
ARTICLE 5
MANAGEMENT
RIGHTS
Section
a)
Except to the extent expressly
abridged by a specific provision of this Agreement, the Company
reserves and retains all of its rights to manage the business. The
rights of management by way of illustration shall include its right
to determine prices of products; volume of production and methods
of financing; to drop a product line; to establish or continue
policies, practices and procedures for the conduct of the business
and to change or abolish such policies, practices and procedures;
the right to determine the number and types of its operations, and
methods, processes, and materials to be employed; to discontinue
processes or operations; to select and determine the number and
types of employees required; to transfer, promote or demote
employees, or to layoff, terminate for just cause, or otherwise
relieve employees from duty for lack of work or other legitimate
reasons; and to make and enforce reasonable rules for
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the maintenance of
discipline.
Section
b)
Provided however, changes in
existing rules and regulations, as well as new rules and
regulations made by the Company, shall become effective five (5)
regular work days after copies thereof have been furnished to the
Union and posted on the Plant bulletin board.
Section
c)
The listing of specific management
rights in this Section, shall not be considered as limiting its
rights to those listed but is for the purpose of
illustration.
ARTICLE 6
NO STRIKE - NO
LOCKOUT
During the term of this Agreement,
all disputes, grievances, complaints and adjustments pursuant to
this Agreement shall be settled in accordance with the Grievance
and Arbitration Procedure outlined in Article 20, and the Union
agrees for itself and its members that there shall be no strike of
any kind, walk-out, sympathy strike, slowdown, picketing, stay-in
or work-stoppage of any type, or interference with production
coercive or otherwise, or violation of this Agreement. The Company
agrees that there shall be no lock-out in violation of this
Agreement on its part.
ARTICLE 7
PAY PERIODS
Employees shall be paid weekly.
Employees shall be paid the full amount for wages due on each
payday, except that in order to facilitate the handling of the
payroll, the Company shall be permitted to hold back not more than
one (1) week’s pay between such paydays.
ARTICLE 8
EMPLOYMENT & DISPATCH
PROCEDURE
The Company will notify the Union
when they are hiring unit employees.
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ARTICLE 9
CHECK-OFF
For the convenience of the Union and
its members, the Company, during the life of this Agreement and
subject to all provisions of this Section, shall deduct from the
pay of those employees in the bargaining unit who execute and
assignment and authorization in the form hereinafter provided, all
union initiation fees and dues levied in accordance with the
Constitution and By-Laws of the Union. The Union shall indemnify
the Company against any claims or loss arising out of the
Company’s deduction of dues or initiation fees not levied in
accordance with the Constitution and By-Laws of the Union and the
Union will make refunds direct to all employees for any such
wrongful deductions.
SAMPLE FORM
Name
Effective of this date, I hereby
assign to and authorize
to pay to the Industrial Carpenters Local Union No. 2093 out of
wages now due, or to become due me, all initiation and monthly
membership dues owed by me to said Industrial Carpenters Local
Union No.2093. This assignment and authorization shall be
irrevocable for the period of one (1) year, or until the
termination of the Collective Bargaining Agreement
between and
the Industrial Carpenters Local Union No. 2093, whichever occurs
sooner, and I agree and direct that this assignment and
authorization shall be automatically renewed, and shall be
irrevocable for successive periods of one (1) year each, for the
periods of each succeeding applicable Collective Bargaining
Agreement between the Company and the Union, whichever shall be
shorter, unless written notice is given by me either by registered
mail or certified mail to the Company and to the Union not more
than twenty (20) days and not less than (10) days prior to the
expiration of each period of one (1) year or each applicable
Collective Bargaining Agreement between the Company and the Union,
whichever occurs sooner.
ARTICLE 10
UNION LABEL
It is hereby understood and agreed
by the Company and the Union that an application shall be made for
the Union Label to the First General Vice- President of the United
Brotherhood of Carpenters and Joiners of America. If the
application is approved, and the Union Label is issued by the
United Brotherhood of Carpenters and Joiners of America to be
placed upon the Company’s products, it is understood and
agreed that the Label shall remain the property of the United
Brotherhood of Carpenters and Joiners of America, and shall be at
all times in the possession of a member of the United Brotherhood
of Carpenters and Joiners of America and that said Union Label
shall at no time be used in any manner that will be detrimental to
the interest and welfare of the members of the United Brotherhood,
and upon evidence that said Union Label is being used in a manner
detrimental and harmful to the members of the United
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Brotherhood of Carpenters and
Joiners of America, then the use of said Label shall immediately be
withdrawn from the mill, shop, factory or manufacturing
establishment of the Company.
ARTICLE 11
RIGHTS OF UNION
REPRESENTATIVES
Section
a)
An accredited representative of the
Union, upon presentation of his credentials to the Operations
Manager, or his designated representatives, showing that he is such
accredited representative, shall have reasonable access to the
Company’s place of business on official business during
working hours. Such representative will not unnecessarily interfere
with the work of the employees.
Section
b)
The Company will provide space on
bulletin boards for posting notices of Union business.
ARTICLE 12
SHOP
STEWARDS
Section
a)
Shop Stewards shall have reasonable
time during the day to handle Union business.
Section
b)
Whenever possible, the Shop Steward
shall be notified three (3) days prior to any general
layoff.
Section
c)
The Shop Steward will be advised
and/or present at the time any employee is disciplined suspended or
discharged.
Section
d)
Shop Stewards will be granted super
seniority for layoff purposes only, if they are otherwise fully
capable and able to perform the available work.
Section
e)
If at any time it becomes necessary
to terminate a Shop Steward, the Company will notify and meet with
the Union Business Representative before taking such action. Such
meeting will occur within seventy-two (72) hours of the decision to
terminate.
ARTICLE 13
REGULAR WORK
TIME
Section
a)
Eight (8) hours shall constitute a
regular workday. Five (5) days shall constitute a regular workweek
from Monday to Sunday inclusive.
Section
b)
The Company shall notify the Union
in writing of the time elected to start the regular workday. The
regular workday shall continue uninterruptedly for eight (8) hours,
except
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for a meal period of at least one-half (1/2)
hour.
Section
c)
A ten (10) minute rest period will
be provided midway in the first half of the shift, and ten (10)
minutes midway in the second half of the shift. This shall be
applicable to all shifts. All employees shall receive an additional
rest period of ten (10) minutes before each two (2) hours of
scheduled overtime.
Section
d)
This Article is intended to provide
the definition of regular hours 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.
ARTICLE 14
SHOW UP
TIME
Section
a)
Providing 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
worked six (6) hours or more, receive eight (8) hours pay. If any
employee elects to leave his employment before the end of the
shift, he shall be paid only for the actual time worked. Employees
shall be considered as having been ordered to work if the
supervisor or person in charge of operations fails to notify him
not to report at the end of the previous work day or
shift.
Section
b)
There will be no obligation for the
Company to pay the four (4) hours minimum referred to in this
Article in the event of floods, fires, power failure or other
occurrences beyond the Company’s control.
ARTICLE 15
SHIFT
PREMIUM
All employees regularly assigned to
the swing shift shall receive twenty-five cents ($0.25) per hour
above the regular straight time hourly rate of pay for hours worked
only.
ARTICLE 16
CLASSIFICATIONS AND RATES OF
PAY
Section
a)
On the effective day of this
Agreement each employee shall be classified in
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accordance with the classification
of the work he performs as set forth in Schedule “A”
attached hereto and made a part hereof.
Section
b)
Should the Company undertake work
operations for which such classifications as set forth in Schedule
“A”, are not applicable then classifications and
minimum wage rates will be promptly established by the Company and
the Union advised of same. Should the Union” object to
the classifications or rate assigned the new work operation, it
may, by written notice, seek relief under Grievance and Arbitration
Procedure, Article 20 of this Agreement. Any change in
classification or wage rate for the new work operation as a result
of review shall become effective as of the date of receipt of the
written notice.
Section
c)
Any employee receiving more than the
minimum rate for his or her classification shall not be reduced,
except as the result of a demotion or a change in classification
made in accordance with the seniority provisions of this Agreement
herein after set forth or otherwise specified in the
Agreement.
Section
d)
The Company may in addition to the
minimum wage rates set forth in this Agreement, award or reduce
merit increases. The granting or reduction of any future
merit increases (granted after 6/1/99) shall not be subject to
review under the Grievance and Arbitration Section of this
Agreement. However, the Company will advise the Union of any
such change.
Section
e)
Any employee hired, at a rate below
the Classification Rate will be reviewed monthly and granted a
twenty cent ($0.20) per hour increase until they reach the
Classification Rate.
Section
f)
An employee who is permanently
promoted to a higher rated classification receives a twenty cent
($.20) per hour increase at the time they assume the duties of the
position, and shall receive a minimum of twenty cents ($.20) per
hour increase the first Monday following the 1 st of
each month. The period of progression to the rate of the job
will not exceed six (6) months, unless agreed to by the Company and
the Union.
While in progression, the employee
will not be eligible to receive any general wage increase granted
at the renewal dates of the Agreement time periods above, see
Section e and Section f, will be extended for the periods of
absence if greater than three (3) days in a thirty (30) day
period.
Section
g)
There are certain duties or job
classifications within each Grade. Individuals are not permanently
assigned to such classifications or duties and they may be assigned
to any such classification or series of duties on a daily, weekly
or monthly basis.
Section
h)
Effective 6/5/05 the subsistence pay
for an overnight stay will be fifty dollars ($50.00) per night or
seventy-five dollars ($75.00) per night with the presentation of
receipts verifying that up to seventy-five dollars ($75.00) was
spent.
Effective 6/3/07 the subsistence pay
for an overnight stay will be sixty-five dollars ($65.00) per night
or eighty-five dollars ($85.00) per night with the presentation of
receipts verifying that up to eighty-five dollars ($85.00) was
spent.
Section
i)
It is rec