PREAMBLE

Agreement is made and entered into this 27 th  day of March, 2006, by and between International Extrusion Corporation-Texas (hereafter referred to as the “Company”) and Teamster Local 19, Airline, Aerospace and Allied Employees, Affiliated with the International Brotherhood of Teamsters, (hereafter referred to 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 for all persons working for the Company.  Employees working as guards, office workers, salesmen and supervisory personnel are excepted, as defined by the Labor-Management Relations Act of 1947, as amended.

ARTICLE 1

RECOGNITION AND SCOPE

SECTION A.	Pursuant to the National Labor Relations Board Certification in case no. 16-RC-9293, the Company hereby recognizes the Union as the sole and exclusive Collective Bargaining Agent for all employees described in Article 5 of this Agreement employed by the Company.
SECTION B.	This Agreement shall supersede all previous agreements by and between the Company and the Union or any other organization, or individual with respect to the classifications of employees listed in Article 5 of this Agreement and shall constitute the sole agreement between the Company and the Union.
SECTION C.	Any alteration or modification of this Agreement must be made by and between duly authorized representatives of the parties hereto and must be in writing.
SECTION D.	The Company’s operating regulations, basic rules of conduct affecting the employees and employee responsibilities, as revised from time to time shall be published and provided to the employees covered by this Agreement and the Union will be given a copy of all such rules, responsibilities and regulations.  Employees will be governed by such reasonable rules, responsibilities and regulations and other orders issued by properly designated authorities of the Company which are not in conflict with this Agreement.  The Union shall be provided with a copy of all new rules, regulations, responsibilities, and revisions thereto at least fifteen (15) days prior to their implementation.  The Union shall be entitled to challenge the reasonableness of such rules, regulations and responsibilities in accordance with the provisions of the grievance and arbitration procedure.
SECTION E.	Neither the company nor the Union shall discriminate against any employees because of such employees’ race, color, creed, religion, sex, national origin, age (to the extent prohibited by the Age Discrimination in Employment Act only), or disability (as prohibited by the Americans with Disabilities Act and the Texas Commission on Human Rights).
SECTION F.	Whenever the words “employee” or “employees” are used in this Agreement, they designate only such employees as are covers by

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this Agreement.  Whenever in this Agreement employees or jobs are referred to in the male gender, it shall be recognized as referring to both male and female.

ARTICLE 2

MANAGEMENT RIGHTS

SECTION A.

The Company expressly retains complete and exclusive rights, powers and authority to manage its operations and direct its employees except as the terms of this Agreement 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, operation, fabrication, repair, distribution; to determine product lines and types and distribution 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 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 to reassign employees to duties, shifts and hours of work; to discharge, suspend or otherwise discipline employees; to set, enforce and change production standards and methods of production to ensure quality control and the proper and efficient use of the working force and equipment.

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ARTICLE 3

UNION SECURITY

SECTION A.		Subject to the provisions of the labor management Relations Act 1947, as amended, it shall be a condition of employment hereunder that all employees covered by this Agreement who are members of the Union in good standing on the date of execution of this Agreement who are members of the Union in good standing on the date of execution of this Agreement and all employees covered b this Agreement who became members of the Union in good standing subsequent to the execution date of this Agreement shall remain members in good standing through the term of this Agreement.
SECTION B.	Not withstanding anything to the contrary therein, Section A shall no be applicable if all or any part thereof shall be in conflict with applicable law; provided however, that if all or any part of Section A becomes permissible by virtue of a change in applicable law, whether by legislative or judicial action, the provisions of Section A held valid shall immediately apply.
SECTION C.	During the life of this Agreement the Employer shall deduct initiation fees and regular dues from the paychecks of employees who individually and voluntarily authorize such deductions in writing on the Check Off Authorization form provided by the Union for such deductions.

CHECK OFF AUTHORIZATION

To:  Any employer under contract with Local 19 of the International Brotherhood of Teamsters:

You are hereby authorized and directed to deduct from my wages, commencing with the next payroll period, an amount equivalent to dues and initiation fees as shall be certified by the Secretary/Treasurer of Local 19 and remit same to said Secretary/Treasurer.

This authorization and assignment is voluntarily and in consideration for the cost of representation and collective bargaining and is not contingent upon my present or future membership in the Union.  This authorization and assignment shall be irrevocable for a period of one (1) year from the date of execution or until the termination date of the agreement between the Employer and Local 19, whichever occurs sooner, and from year to year thereafter, unless not less than thirty (30) days and not more than forty- five (45) days prior to the end of any subsequent yearly period I give the Employer and Union written notice of revocation bearing my signature thereto.

The Secretary/Treasurer of Local 19 is authorized to deposit this authorization with any Employer under contract with Local 19 and is further authorized to transfer this authorization to any other Employer under contract with Local 19 in event I should change employment.

Date                        Signature

The initiation fees and dues amounts authorized in conformance with this Section shall be in consideration for the cost of representation and

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collective bargaining and is not contingent upon present or future membership in the Union.  Such authorizations shall be binding on the employees for the duration of this Agreement unless the authorization is revoked in accordance with the provision of the Taft Hartley Act of 1947, as amended.  No deductions shall be discontinued until the Employer has verified through the Union that the employee’s request for revocation is timely and proper.  The Union shall certify in writing a list of its new members, together with signed authorization cards and an itemized list of such initiation fees and dues to be deducted from such member’s paychecks.

Dues deductions shall be made from the second paycheck of each month and all initiation fees and dues withheld will be paid over to the proper officers of the Union within ten (10) days thereafter.  The following information will be reported and transmitted with the monthly check off: employee’s social security number, full name, dues rate, rate of pay and status of employment.

SECTION D.		The Union agrees that it shall indemnify the Company and hold the Company harmless from any and all claims which may be made by the employee against the Company by virtue of the wrongful application or misapplication of any of the terms of this Article.
SECTION E.	The Union agrees that written notice shall be given to the company at least thirty (30) days before the Company is required to remove such employee from his employment by reason of his failure to maintain his membership in good standing in the Union in accordance with Section A. of this Article.
SECTION F.	The Company will make available to the Union lists of new hires, terminations, layoffs, or recalls of employees covered by this Agreement.  Such lists will be prepared weekly and will show the name, hire date, termination date, layoff date and recall date of such employees who were hired, terminated, laid off and recalled during the week for which the list is prepared.  At the end of each month, the Company will proved the Union with a complete written list of names of all Bargaining Unit Employees including their Social Security number, classification, shift, department, and rate of pay.  Upon request, the Company will provide the Union with a current mailing list of all plant employees.  The list provided for in this Section will be mailed to the Local 19 Union office.
SECTION G.	It shall be the responsibility of any employee who is a member of the Union and is not on a dues deduction program to keep his membership current by direct payment of monthly dues to the Union.
SECTION H.	Should a deduction be missed, or in the event an insufficient amount is deducted, it is the employee’s responsibility to make the proper adjustment with the Union.
SECTION I.	Each employee must contact the Union to obtain a withdrawal card from the Union when leaving the job for any of the following reasons:

Leaves of Absence

Layoff

Military duty

Retiring

Resigning

Unpaid Sick Leave

Suspension

Should the employee fail to contact the Union to obtain and turn in a withdrawal card into the Union he or she will be held responsible for making payments of missed dues deductions to the Union.

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ARTICLE 4

UNION REPRESENTATION

SECTION A.	The Company agrees to admit to its facilities the officially designated representatives of the Union to transact business as is necessary for the administration of this Agreement.  Such Union Representatives agree to make their presence known to the Plant Manager, or his designee, upon arrival at the Company facility.
SECTION B.	The Union shall select business representatives and shall notify the Company of their appointment or removal.  The Company shall notify the Union of the appropriate Company representative hereunder.
SECTION C.	The Union shall elect or appoint Shop Steward (s), Chief Steward (s) and alternate Steward (s) as required by the Union, to conduct the Union business and shall notify the Company in writing within seven (7) calendar days of the election, appointment or removal of such Stewards.
SECTION D.	When it becomes necessary for a Shop Steward and/or any involved employee to engage in Union business, including the investigation and/or processing of a potential grievance, such Steward and/or involved employee will be permitted reasonable time to conduct such Union business provided the Steward and/or employee involved, notifies his respective supervisor prior to engaging in such Union Business.  Any Shop Steward who, as a result of conducting Union business, enters another Department, will notify the Supervisors in charge of his presence.  All time spent during regular working hours excluding break and lunch periods by a Shop Steward and/or other involved employee conducting Union Business in accordance with this Section shall be on Company time without loss of pay and shall be considered time worked for all purposes.
SECTION E.	Upon forty-eight (48) hours notification by the Union Business Representative, the Company will grant to any employee unpaid time off to perform Union Business off the Company property.  Such time off the property shall not be for the purpose of engaging in a concerted activity against the company and the Union agrees to cooperate with the Company to avoid any negative impact on Company production as a result of the use of this Section.
SECTION F.	Any employee who is questioned by any Company Representative where disciplinary action could result, will be permitted to obtain a Shop Steward to represent him during such discussion.  The Company will advise the employee of the nature of any such discussion prior to the commencement of such discussion.
SECTION G.	The Chief Shop Steward and Alternate Chief Steward will at all times be assigned to the shift and days off requested by the Union.
SECTION H.	No employee covered by this Agreement will be interfered with, restrained, coerced, harassed or discriminated against by the Union, by the company, or by their officers or agents, because of membership or non-membership in or lawful activity of the Union.

ARTICLE 5

CLASSIFICATIONS AND DEPARTMENTS

SECTION A.	All employees currently covered by this Agreement shall be recognized as being in a classification and department listed in this Agreement.
SECTION B.	If the Company establishes a new job classification within the bargaining unit during the term of this Agreement, the Company shall initially set the rate of pay for such new job classification.  The Company will notify the Union of any new classifications.  If the Union is not satisfied with the rate of pay established by the Company, it shall have the right within ten (10) days after the establishment of such new classification to file a grievance pursuant to Article 13 of this Agreement.  If the grievance proceeds to arbitration, the Arbitrator shall have jurisdiction to determine only whether or not the rate of pay established for such new job classification bears a fair relationship to the other rates of pay set forth in this Agreement, and if not, what rate of pay would bear such relationship.

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SECTION C.

The filling of temporary and permanent job vacancies in any classification and department will be accomplished in accordance with Article 11.  The filling of shift vacancies within a classification and department will be accomplished in accordance with Article 8.

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SECTION D.

The current job classifications covered by this Agreement are as follows:

Crew Leader

Journeyman Maintenance Mechanic

Journeyman Maintenance (Certified)

Master Maintenance Technician

Journeyman Die Repair

Journeyman Die Repair “A”

Master Die Repair Technician

Quality Assurance Technician

Anodizing Welder

Press Operator

Painter

Lab Technician

Crane Operator

Water Treatment Operator

Die Header

Die Repair Trainee

Saw Operator

Shipping/Receiving Clerk

Maintenance B/Helper

Lift Truck Operator

Fabricator

Head Stretcher

Assistant Painter

Die Runner

Ticket Writer

Janitor

Material Handler

SECTION E.

The current departments to which employees in the classifications listed in Section D may be assigned are as follows:

1.                          Anodizing and Water Treatment Department

2.                          Extrusion Department

3.                          Painting Department

4.                          Packing Department

5.                          Tooling Department

6.                          Maintenance Department

7.                          Shipping and Receiving Department

8.                          Fabrication Department

9.                          Fill and Debridge

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ARTICLE 6

HOURS OF SERVICE

SECTION A. A regular shift shall consist of either:

1.        Eight (8) consecutive hours either inclusive or exclusive of meal period as described in Section H of this Article and inclusive of two (2) ten (10) minute paid rest breaks or:

2.        Ten (10) consecutive hours either inclusive or exclusive of a meal period as described in Section H of this Article and inclusive of two (2) ten (10) minute paid rest breaks.

3.        Authorized hours worked shall be paid to the nearest quarter hour.

SECTION B. A regular work week shall consist of either:

1.        Five (5) consecutive work days, Monday thought Friday for those employees whose regular shift consists of eight (8) consecutive hours or:

2.        Four (4) consecutive work days, Monday through Friday for those employees whose regular shift consists of ten (10) consecutive hours.

3.        The employees work week commences at the conclusion of his regularly scheduled days off.

SECTION C.

1. The first shift shall start no earlier than 5:00 a.m. and no later than 8:00 a.m.

2. The second shift shall start no earlier than 1:00 p.m. and no later than 4:00 p.m.

3. The third shift shall start no earlier than 9:00 p.m. and no later than 11:00 p.m.

SECTION D.

		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.  However, if the employee, with approval, elects to leave prior to the completion of the assigned work, he shall only be paid for the actual time worked.
		2. In carrying out the above, employees shall be considered as having been scheduled to work if the Supervisor, Plant Manager, or the person in charge of the operation fails to notify such employees not to report by the end of the shift on the previous work day.
		3. There will be no obligation for the Company to pay the minimum referred to in this Article in the event of storms, floods, fire, equipment or utility failures, shortage of materials, bomb threats or any other similar occurrences.
SECTION E.	The Company may at any time institute, discontinue or reinstate in any Department a four (4) day work week with ten (10) consecutive hours of work per day in accordance with Section A and B of this Article.  The union or employee will be given a two (2) week notice prior to implementation.
SECTION F.	There will be no more than one (1) starting time per classification and department on each shift without joint agreement between the Union and the Company.  The Company may, however, change a shift starting time for all employees in a particular classification and department, writing the limitations and parameters set forth in this Article when operational requirements necessitate such change, provided the effected employees are given written notice of the change as soon as the Company is aware of the operational requirements necessitating such change and at least fifteen (15) hours prior to the beginning of the new starting time.

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SECTION G.	No employee will be scheduled by the Company to work more than one (1) shift during the same work week.  This provision shall not be interpreted to prohibit an employee from voluntarily working overtime on a shift other than his own.
SECTION H.	All employees will receive either a fifteen (15) minute paid meal period or a thirty (30) minute unpaid meal period approximately at the midpoint of their shift.  In addition, all employees will receive a ten (10) minute paid rest period between their regular starting time and the beginning of their lunch period as well as a ten (10) minute paid rest period at the mid-point between the regularly scheduled completion time of their lunch period and their regular quitting time.  The Company will advise each employee, shift and/or department as to which schedule is applicable to that employee, shift and /or department.  The Company may, however, change the schedule provided the Union and the effected employees are given three (3) calendar days written notice of the change.
SECTION I.	It is understood and agreed that as an economic necessity in unusual or emergency circumstances, the Company may establish shift starting times outside the parameters of Section C of this Article.  It is agreed that the effected employees will be given written notice of the change as soon as the Company is aware of the circumstances necessitating such change and at least fifteen (15) hours prior to the beginning of the new starting time.
SECTION J.	The Company will not hire or utilize any part time employees unless mutually agreed to between the Company and the Union.
SECTION K.	If the Company reduces the normally scheduled work week or the normally scheduled work day for more than two (2) weeks duration (excluding provisions in Section D) in a sixty (60) day period, the Company shall be compelled to lay off those employees with the least seniority in order to insure a five (5) day work week for the remaining employees.  The Company will give the Union and employees at least three (3) calendar days notice of such reduction.

 

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ARTICLE 7

OVERTIME

SECTION A.   One and one half (1 ½) times the hourly rate of pay shall be paid as follows:

1.                     For employees working a work week consisting of five (5) consecutive eight (8) hour days.

a.                     All time worked in excess of eight (8) hours a day.

b.                    All time worked on a Saturday if employee has worked in each of the five (5) days of the work week (four (4) hour daily minimum).

c.                     All hours worked in excess of forty (40) regular hours in the work week if the employee has not worked in each of the five (5) days of the work week.

2.                     For employees working a work week consisting of four (4) consecutive ten (10) hour days.

a.                     All time worked in excess of the (10) hours in a day.

b.                    The first ten (10) hours worked on the employees first regularly scheduled day off if employee has worked in each of the four (4) days of the week (five (5) hours daily minimum).

c.                     All hours worked in excess of forty (40) regular hours in the work week if employee has not worked in each of the four (4) days of the work week.

SECTION B.   Double the hourly rate of pay shall be paid as follows:

1.  For employees working a work week consisting of five (5) consecutive eight (8) hour days.

a.                     All time worked on Sunday.

2.  For employees working a work week consisting of four (4) consecutive ten (10) hour days.

b.                    All time worked on Sunday.

SECTION C.   The following are general provisions for both Sections A and B of this Article:

1.  Employees assigned to the second and third shifts, if any, for the proceeding Friday and/or Saturday shall complete such shift(s) on Saturday and/or Sunday morning at a rate applicable for the proceeding Friday and/or Saturday.  Saturday and Sunday overtime premium pay will be waived in the event the Company adopts a seven-day work schedule for the plant or a portion thereof.

2.  If an employee has not worked a minimum of four (4) hours in each of the days of his scheduled work week, hours worked on Saturday will be counted toward the accumulation of forty (40) straight time hours worked during the work week.

3.  In no event shall hours used in computing overtime eligibility or paying overtime be pyramided or duplicated.

4.  Hours paid but not worked will be counted in determining overtime eligibility.

SECTION D.   For overtime purposes, a day is defined as the twenty-four (24) hour period beginning with the starting time of the employees regular work shift.

SECTION E.   The Company will give employees as much notice as possible of overtime opportunities.  Any employee required to work mandatory overtime during the regular week must be notified by his lunch period on that day (except as provided in Section J).  When an employee is required to work mandatory overtime on a Saturday, he must be notified no later than the end of his regular shift on Thursday.  For other than mandatory overtime, the company may at any time request that an employee worked overtime during the regular week or on Saturday or Sunday.  When so requested, the employee, at his option, may accept

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or decline the offered work.

SECTION F.   Where applicable, shift differentials and all other premiums shall be included in the hourly rate of pay for overtime purposes.  For purposes of computing overtime pay, paid sick leave, holidays, bereavement leave, vacation, jury service and any other time paid for by the Company or the Union shall be credited as hour worked.

SECTION G.   Employees working overtime either on a regular work day or on a regular day off will be granted lunch and break periods on the same basis as during their regular work shift.

SECTION H.   When an employee is offered overtime work either before or after his regular shift on his regular work day, he will be guaranteed at least two (2) hours of work unless otherwise agreed to between the supervisor and the employee.

SECTION I.   When an employee is offered overtime work on a regularly scheduled day off, he will be guaranteed a half shift of work unless otherwise agreed to between the supervisor and the employee.

SECTION J.   When overtime becomes known after the time periods specified in Section E and is necessitated by unknown circumstances of production, lateness or absentee and there are an insufficient number of qualified volunteers, the overtime will become mandatory hours and the overtime will be assigned in reverse order among the qualified employees currently on shift in the classification and department involved.

No employee will be required to work mandatory overtime in excess of four (4) hours for scheduled overtime or two (2) hours for unknown overtime on any regular work day or twenty (20) hours during any regular work week.

An employee will be excused from working mandatory overtime when such requirement would create a verifiable personal or family hardship.

SECTION K.   Should Saturday and Sunday mandatory overtime be required for more than two (2) weekends in a row, the Sunday of the third (3 rd ) week will be treated as voluntary overtime.  In the event of a production emergency or equipment breakdown requiring mandatory overtime on that third (3 rd ) Sunday, the Company will notify the Union as to the necessity of having to waive the voluntary overtime stipulation.  The next Saturday and Sunday will be treated as voluntary overtime.

SECTION L.

1.  There shall be established an overtime list of all employees, by classification, and department assigned on their respective shift.  The employee in each department with the most seniority in his classification being number one on the list, followed thereafter by all the employees assigned on the shift in the order of seniority.  After the original list is established, new hire employees, and employees transferring from another classification or department shall be charged with one more overtime opportunity than that of the highest employee on the respective list.

2.  Starting with the number one employee on the list, each employee will be given the opportunity to work overtime in rotation on their respective shifts, in their respective classifications and departments, provided it shall not be necessary to offer overtime opportunities to employees on vacation, sick leave, jury duty, bereavement leave, leave of absence, or suspension.

3.  Overtime lists shall be maintained and charges made to the employees in overtime opportunities as a need for overtime arises; the employees with the fewest amounts of opportunities shall be afforded the overtime opportunity in their respective “charged” position on the respective overtime list.  In the event an employee declines overtime offers, he shall be charged with having had his opportunity to work overtime.  This will include employees on a leave of absence, on sick leave, vacation, bereavement leave, suspension or on jury duty.

4.  If an employee who is at work and is eligible to work overtime does not receive his overtime work opportunity as entitled by rotation and is thus “bypassed”, the employee shall be given the next available overtime equal to the hours he would have worked had he not been bypassed.  The Company’s liability is

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limited to the employee bypassed.  The company shall not be required to call employees in order to offer overtime opportunities.  However, all overtime opportunities, which the Company elects to offer the employees by telephone, will be witnessed and initialed by the appropriate Shop Steward or the Chief Steward so they may be recorded as worker or declined.

5.  All overtime lists will remain posted on the Departmental Bulletin Board and will be updated daily (if applicable) in ink.

6.  A specific employee working on an assigned job during his regularly scheduled work may continue working on such job on overtime at the end of his shift for the purposes of completing the job.  In such case, the Company shall not be obligated to offer the overtime work in rotation order provided such job is completed within two (2) hours after the employee’s regular quitting time.  Such employee will be charged with an overtime opportunity.

7.  Maintenance employees will be assigned overtime on the basis of the area in which they are generally assigned.  For example, maintenance employees normally assigned to the Anodizing area shall be considered for the overtime work for maintenance in that area.

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ARTICLE 8

SHIFT ASSIGNMENTS

SECTION A.                             Twice each year, in December and June, between the first and fifth, the Company will post a list of all available shift assignments within each classification and department.  The list will remain posted on the bulletin board for a period of not less than twenty (20) calendar days.  Each employee will without delay select the shift desired in his classification and department.  Such selection is to be made by the employee with the greater seniority first, then the next most senior, etc.  The Company will post the new shift assignments by the 1 st  of the following month, (January and July), to be effective the 2 nd  Monday thereafter.

SECTION B.                             An employee who fails to make his shift selection in turn, as provided in Section A of this Article, will be bypassed and will be subsequently assigned to the shift he chooses form the selections that remain available at the time that he notifies the Company that he is ready to make his selection.  If an employee is absent during this time he will be assigned to the shift of his previous selection subject to his seniority.

SECTION C.                             In the event an employee anticipates that he will be absent during the shift bidding period, he may supply his Supervisor and his Shop Steward with a written listing of his shift preference.  As such employee’s opportunity for this selection arises, he will be awarded the most preferred shift among those he has listed which remain available at the time.  The shift assignments will be effective no later than the 1 st  day of the calendar month following the shift selection unless mutual agreement is reached between the Company and the Union to extend the period.

SECTION D.                            No employee who changes shift in accordance with this Article will suffer any loss of regular straight time pay as a result of such shift change.  The Company will also provide such employee with his regular consecutive days off and any overtime due in accordance with Article 7 during transition from one shift to another.

SECTION E.                              The preceding Sections of this Article will not apply to Crew Leaders and employees of the Maintenance and Tool and Die Departments.  The Company will however consider requests for shift changes among these groups and will try and accommodate the employees.

SECTION F.                              Irrespective of the provisions contained in this Article, it is understood and agreed that newly hired employees may be assigned to any shift as determined by the Company during the first sixty (60) days of their employment for purposes of training and orientation.

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ARTICLE 9

SENIORITY

SECTION A.                             Employees shall be placed on the seniority list only upon completion of the probationary period, at which time the seniority shall date from their most recent date of employment as a full time employee into a position that falls within the scope of the Bargaining Unit.

SECTION B.                             All newly hired employees will be in a probationary status for a period of sixty (60) calendar days provided they are hired into or promoted into jobs in Grades 6, 5 and 4 (as listed in Appendix 1).  Employees hired into or promoted into jobs in Grades 3, 2, 1 and Grades A and X shall be in probationary status for a period of ninety (90) days.  All probationary periods of time shall be cumulative in the event of layoff or termination and subsequent recall or rehire.  Only those days wherein the employee has been on the active working payroll of the Company shall be deemed as part of the probationary period, employees do not acquire but do accrue seniority and do not have access to the Grievance procedure in the event of discharge or discipline.

SECTION C.                             An employee shall lose his seniority and his name shall be removed from all seniority lists upon his retirement, resignation or discharge for just cause.  An employee will be considered to have resigned if he so notified the Company or if any of the following conditions exist:

1.                       He fails to return from an approved leave of absence.

2.                       He is on layoff and/or leave of absence for a continuous period of one (1) year.

3.                       He is absent from work for three (3) consecutive work days without notifying the Company of the reason for his absence.

4.                       He fails while on layoff, upon notice from the Company that he is being indefinitely recalled to report to the company for work within five (5) calendar days of receipt of the recall notice or he fails to notify the Company within forty-eight (48) hours of receipt of the recall notice that he intends to report to work within the aforementioned five (5) day period unless granted an extension of time as provided in Article 12, Section G.

SECTION D.                             When more than one (1) employee has the same seniority date, the senior employee shall be the employee with the lowest payroll number.

SECTION E.                              Any employee of the company who holds seniority in the Bargaining Unit and who subsequently accepts a transfer to a position not covered by this Agreement shall have his name removed from all Bargaining Unit seniority lists on the sixtieth (60 th ) calendar day following his transfer to such position not covered by this Agreement.  During such sixty (60) day grace period such transferring employee will accrue all seniority held in the Bargaining Unit and may return to the Bargaining Unit for any reason.  However, any employee who returns to the Bargaining Unit during the aforementioned sixty

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(60) day period and subsequently accepts another transfer to the same or any other position not covered by this Agreement will have his name removed from all Bargaining Unit seniority lists on the first (1 st ) day of such subsequent transfer and he may not thereafter return to the Bargaining Unit except as a new hire employee.  There will be no temporary assignments to non Bargaining Unit positions except by mutual agreement between the Company and the Union.

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ARTICLE 10

SENIORITY LISTS

SECTION A.                             The Company shall prepare and post two (2) seniority lists.  One such list will be referred to as the Bargaining Unit Seniority List and it will list all Bargaining Unit employees in the order of their most recent date of hire with the Company in a position covered by this Agreement regardless of what classification or department are assigned to.  The second seniority lost will be referred to as the Classification Seniority List and it will list all Bargaining Unit employees by classification and department as described in Article 5, in the order of their most recent date of hire with the Company in a position covered by the Agreement.

SECTION B.                             The Company will post current seniority lists during the months of January and July of each year. Prior to the posting of any seniority lists, copies of such lists will first be supplied to the Local Union Business Representative.

SECTION C.                             All seniority lists shall be final and binding if not justifiable protest is made in writing to the Company within thirty (30) days following the posting and submission to the Union.

ARTICLE 11

VACANCIES

SECTION A.                             The Company will post all job openings and vacancies when they arise on appropriate bulletin boards next to each employee time clock.  The vacancy will be posted by job classification and shift and will set for the job duties and requirements.  Such postings will remain on the bulletin boards for not less tan seven (7) calendar days.  In the event an employee anticipates that he will be absent during the bid procedure, he may supply his supervisor and his Shop Steward with a written bid.  Vacancies and openings will be filled based on the criteria set forth in Section B herein.  When such positions are filled, the Company will post the bid award on the bulletin board identified above.  (Employees in their probationary period are not eligible to participate in the bid process.)  If no qualified candidates for the position are identified during the bid process, the company may seek applications from outside the workforce to fill the position.

SECTION B.

1.               The purpose of the following is to delineate a policy with regard to seniority application at the plant.  In all cases of promotion, layoff or recall within and to a classification, department or the plant, the following factors shall apply:

a.                     Fitness to perform the job

b.                    Qualifications and ability

c.                     Department seniority

d.                    Plant seniority

When a) and b) are relatively equal, c) and d) will apply.

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2.               For the purposes of administration of this Agreement, the following terms and definitions will be applicable:

a.                     “Fitness to perform the job” means the physical ability and dexterity to successfully complete the full scope of the work.

b.                    “Qualification and ability” means demonstrated ability to perform the work.

c.                     “Departmental seniority” shall mean seniority within a particular department.

d.                    “Plant seniority” means the amount of continuous service at International Extrusion Corporation/Texas.

e.                     “Line of progression” is the sequence of jobs through which an employee gains knowledge of departmental procedures and may progress as displayed in Appendix A.

SECTION C.                             When there are no successful bidders in a department, then the available opening will be filled from bidders in the entire plant.  The Company will select the successful bidder based upon the criterion listed in Section B with preference being given to an individual who is currently classified in the positions listed in the Line of Progression, Appendix A.  The successful bidder for any job vacancy will report to the new job on the agreed to report date.

SECTION D.                             All employees transferring to a different classification as a result of bidding into a job vacancy shall be given a reasonable trial period not to exceed sixty (60) days.  During the trial period, the company will provide the training and guidance necessary to help the employee learn and perform the job.  In the event that the employee fails to demonstrate satisfactory progress towards learning and performing the job at any time during the sixty (60) day period, a disqualifying letter will be given to such employee.  Such letter will give the reason or reasons for the employee’s removal from the job in question.  At any time after thirty (30) days in the new position but prior to sixty (60) days in the new position an employee may voluntarily disqualify himself from the new position.  In such event the employee will be permitted to return to this previous classification and department.  An employee who is disqualified form a job may not bid on the same job again for a one (1) year period after the date of his disqualification.  Once an employee has completed the qualification period, his name will be permanently added to the seniority list for that classification.

SECTION E.                              The Company shall have the right to make temporary transfers with regard to seniority for a period of up to thirty (30) days.  Further extensions may be agreed to by the Company and the Union.

SECTION F.                              The classifications of crew leader, lab technician and quality control technician shall be non-bid positions.  The promotion and/or the demotion from any of these classifications will be the exclusive right of the company and not subject to the grievance and arbitration procedure.  The cause will be explained to the employee and the Union

In the bidding and selection process for Maintenance and Die

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Repair positions, the successful bidder will have to meet certain minimum requirements and qualifications as will be outlined on the bid sheet.  Any new requirements and qualifications will be furnished to the Union prior to implementation.

SECTION G.                             The Company does not have to consider the bid of an employee who is on an extended absence or is in a trial or probationary period or who has had two (2) successful bids during the prior twelve (12) months.

SECTION H.                             All bids will be done on a prescribed triplicate form.  The employee shall retain one copy and forward the other copy to the Personnel Office and the Union.  An employee bidding for more than one (1) vacancy shall indicate the order of preference on each form.  When the Company has selected the employee to fill the vacancy, it shall notify such employee of such award and post on all bulletin boards a bulletin showing the name and seniority date of the employee selected.  Such bulletin shall remain posted for a minimum of seven (7) calendar days.  The Company will provide a list of the awarded bids to the Union prior to implementation.

ARTICLE 12

LAYOFFS, REDUCTIONS AND RECALLS

SECTION A.                             In the event of a formal general layoff or reduction in force for an extended period, the Company will give seven (7) calendar days written or posted notice of such reduction to employee(s) with the least seniority in classification(s), department(s) or plant where the reductions are to be made.  This formal notice of reduction will serve as notification to all plant employees of an impending layoff or reduction.

SECTION B.                             An employee upon receiving notification of being affected by a reduction may exercise any seniority rights he has in his own or any other classification, department or the plant to displace any employee junior to him.  In exercising seniority rights, the classifications that an employee has right to must be taken in sequential order.

Any employee displaced as a result of the procedure outlined in Section B by a more senior employee will then become entitled to follow the same procedure as outlined in Section B in exercising his seniority rights.  This procedure will keep repeating itself until such a time as the most junior employees are in position to be laid off.

SECTION C.                             An employee who is on layoff or who is displaced to another classification as a result of receiving a layoff or reduction notice shall continue to accrue seniority.

SECTION D.                             Employees on layoff or displacement will be recalled to the highest paid classification in which they hold seniority and in which jobs are available in accordance with their seniority.  On the recall of employees the most senior employee holding seniority in the classification involved shall first be recalled, then the next most senior and so forth.

SECTION E.

1.                     The Company will advise employees if recalls are to be

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considered permanent or temporary.

2.                     The refusal of a temporary recall back to work by an employee shall not jeopardize his right to future permanent recalls.

3.                     An employee who refuses permanent recall will forfeit all seniority rights in the future and his service with the Company will be terminated.

4.                     An employee will be paid the rate of pay as outlined in Appendix 1 of the classification to which he is called back, or the rate of pay he was making prior to the time of layoff, whichever is the higher of the two.

SECTION F.                              The Company will strive to meet the notice requirement stipulated in Section A since it is designed to provide some degree of advanced warning to those employees who are scheduled to be laid off and become unemployed through no fault of their own.  However, there shall be no financial penalties attached for the failure to meet the notice requirement.  The notice requirements do not apply where there are only internal increases or decreases in the number of employees in a given classification or department because of fluctuations in business or scheduling and no layoffs are to occur.

SECTION G.                             In the restoration of forces, the company is to mail a certified or registered notice of such opening to the laid off employees entitled thereto, giving such employees not more than forty-eight (48) hours from receipt or refusal of notice to notify the Company as to whether or not he intends to return to the services of the Company.  Such employees shall actually report for work no later than five (5) calendar days from receipt of notice from the Company to report for work, but he will be granted a reasonable extension of time upon written notice requesting such if it is necessary due to employment elsewhere.

SECTION H.                             All notices required to be sent under this Article shall be sent in writing at the last address filed by the employee in writing with the Company.  Each laid off employee shall thereafter promptly advise the company and the Union, in writing, of any change in address and will receive a receipt of said notification.  There shall be no obligation on the part of the Company to recall an employee who fails to keep his current mailing address on file with the Company as herein provided.

SECTION I.                                The Company and the Union will meet and review lay off, reduction and recall lists before the effective dates to insure the placement of employees is correct.  Should an inadvertent incorrect assignment be made, the employee has no claim against the Company and/or the Union.  The employee will, however, be moved to the correct assignment as soon as possible.

SECTION J.                              Should a formal general lay off be as a result of any reason listed in Article 6, Section d, the seven (7) calendar day notice period will be waived.

SECTION K.                             An employee shall have the right to have the Company hold all unused vacation and unused sick pay while on layoff.

SECTION L.                              Employee in the classifications and/or departments affected by a reduction in force but who are not involved in the layoff or reduction in force shall be allowed two business days after the notice of the reduction to submit bids to the Company requesting a volunteer layoff.  The requested voluntary layoffs will be granted in seniority order and the employees who are laid off will be placed on layoff status on the posted date of

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the reduction in force for the duration of the reduction in force.

In no event will voluntary layoff request be honored, if in the opinion of the Company, it would reduce the number of qualified employees so as to cause operational difficulties.

ARTICLE 13

GRIEVANCE PROCEDURE

SECTION A.                             A