COLLECTIVE BARGAINING AGREEMENTCollective Bargaining Agreement |
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Search Collective Bargaining Agreement by:
Exhibit 10.8
COLLECTIVE BARGAINING
AGREEMENT
between
INTERNATIONAL EXTRUSION CORPORATION/TEXAS
and
TEAMSTERS, LOCAL 19, AIRLINE, AEROSPACE AND
ALLIED EMPLOYEES AFFILIATED WITH THE
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
Effective
March 27, 2006 through March 22, 2009
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TABLE OF CONTENTS
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ARTICLE |
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DESCRIPTION |
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PAGE |
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Preamble |
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1 |
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ARTICLE |
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1 |
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Recognition and Scope |
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1 |
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ARTICLE |
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2 |
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Management Rights |
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2 |
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ARTICLE |
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3 |
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Union Security |
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3 |
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ARTICLE |
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4 |
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Union Representation |
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5 |
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ARTICLE |
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5 |
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Classifications and Departments |
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6 |
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ARTICLE |
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6 |
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Hours of Service |
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8 |
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ARTICLE |
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7 |
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Overtime |
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10 |
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ARTICLE |
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8 |
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Shift Assignments |
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13 |
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ARTICLE |
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9 |
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Seniority |
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14 |
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ARTICLE |
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10 |
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Seniority Lists |
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16 |
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ARTICLE |
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11 |
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Vacancies |
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16 |
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ARTICLE |
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12 |
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Layoffs, Reductions and Recalls |
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18 |
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ARTICLE |
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13 |
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Grievance Procedure |
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20 |
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ARTICLE |
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14 |
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Arbitration Procedure |
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23 |
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ARTICLE |
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15 |
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Holidays |
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24 |
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ARTICLE |
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16 |
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Vacations |
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26 |
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ARTICLE |
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17 |
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Sick Pay |
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28 |
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ARTICLE |
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18 |
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Leave of Absence |
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29 |
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ARTICLE |
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19 |
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Bereavement Pay |
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31 |
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ARTICLE |
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20 |
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Jury Duty Pay |
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31 |
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ARTICLE |
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21 |
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Military Leave |
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32 |
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ARTICLE |
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22 |
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Medical and Other Insurance |
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32 |
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ARTICLE |
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23 |
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Wage Rules |
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33 |
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ARTICLE |
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24 |
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Safety and Health |
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35 |
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ARTICLE |
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25 |
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No Strike - No Lockout |
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38 |
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ARTICLE |
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26 |
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Maintenance of Standards |
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38 |
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ARTICLE |
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27 |
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Savings Clause |
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39 |
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ARTICLE |
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28 |
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General and Miscellaneous |
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39 |
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ARTICLE |
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29 |
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Sole and Entire Agreement |
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43 |
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ARTICLE |
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30 |
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Duration and Termination |
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43 |
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APPENDIX |
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A |
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IEC/T Line of Progression |
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45 |
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APPENDIX |
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B |
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Monthly Employee Insurance Deductions |
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46 |
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APPENDIX |
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C |
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General Absentee Policy |
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47 |
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APPENDIX |
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Hourly Wage Schedule |
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49 |
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APPENDIX |
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2 |
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Tie & Die and Maintenance Departments |
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51 |
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APPENDIX |
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3 |
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Implementation of General Wage Increase |
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52 |
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General Work Rules and Regulations |
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53 |
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PREAMBLE
Agreement is made and entered into this 27th 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
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RECOGNITION AND SCOPE
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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. |
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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. |
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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. |
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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. |
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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). |
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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
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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
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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. |
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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. |
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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. |
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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.
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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. |
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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. |
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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. |
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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. |
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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. |
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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: |
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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
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SECTION
A. |
The Company agrees to admit to its facilities the officially designate |






