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
1
TABLE OF
CONTENTS
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ARTICLE
NUMBER
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DESCRIPTION
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PAGE
NUMBER
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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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l
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Hourly Wage Schedule
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49
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2
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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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3
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
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SECTION A.
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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.
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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.
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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.
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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.
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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.
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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.
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ARTICLE 2
MANAGEMENT RIGHTS
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SECTION A.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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SECTION B.
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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.
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SECTION C.
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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.
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SECTION D.
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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.
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SECTION E.
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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.
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SECTION F.
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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.
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SECTION G.
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The Chief Shop Steward and Alternate
Chief Steward will at all times be assigned to the shift and days
off requested by the Union.
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SECTION H.
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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.
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ARTICLE 5
CLASSIFICATIONS AND
DEPARTMENTS
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SECTION A.
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All employees currently covered by
this Agreement shall be recognized as being in a classification and
department listed in this Agreement.
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SECTION B.
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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.
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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.
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The current job classifications
covered by this Agreement are as follows:
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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
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SECTION E.
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The current departments to which
employees in the classifications listed in Section D may be
assigned are as follows:
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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.
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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.
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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.
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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.
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SECTION E.
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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.
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SECTION F.
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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.
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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.
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SECTION H.
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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.
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SECTION I.
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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.
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SECTION J.
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The Company will not hire or utilize
any part time employees unless mutually agreed to between the
Company and the Union.
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SECTION K.
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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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9
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
10
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
11
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.
12
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.
13
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
14
(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.
15
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.
16
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
17
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
18
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
19
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