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LABOR AGREEMENT

Collective Bargaining Agreement

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This Collective Bargaining Agreement involves

INTERNATIONAL ALUMINUM CORP

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Title: LABOR AGREEMENT
Date: 9/12/2006
Industry: BLDFIX    

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Exhibit 10.5

LABOR AGREEMENT

By and between

UNITED STATES ALUMINUM CORPORATION

and

INTERNATIONAL BROTHERHOOD OF TEAMSTERS
LOCAL UNION  #986

Effective: December 5, 2004 through December 8, 2007

i

 



TABLE OF CONTENTS

 

 

 

 

Page

ARTICLE 1

 

UNION SECURITY

 

1

 

 

 

 

 

ARTICLE 2

 

MANAGEMENT RIGHTS

 

1

 

 

 

 

 

ARTICLE 3

 

PROBATIONARY PERIOD

 

1

 

 

 

 

 

ARTICLE 4

 

REGULAR WORK TIME

 

2

 

 

 

 

 

ARTICLE 5

 

SHIFT PREMIUM & ADDITIONAL SHIIFTS

 

2

 

 

 

 

 

ARTICLE 6

 

OVERTIME

 

3

 

 

 

 

 

ARTICLE 7

 

RIGHTS OF UNION REPRESENTATIVES

 

4

 

 

 

 

 

ARTICLE 8

 

PAY PERIODS

 

4

 

 

 

 

 

ARTICLE 9

 

SHOW-UP TIME

 

5

 

 

 

 

 

ARTICLE 10

 

SHOP STEWARDS

 

5

 

 

 

 

 

ARTICLE 11

 

CHECKOFF

 

6

 

 

 

 

 

ARTICLE 12

 

WAGES

 

6

 

 

 

 

 

ARTICLE 13

 

UNION LABEL

 

8

 

 

 

 

 

ARTICLE 14

 

WORK CLASSIFICATIONS

 

8

 

 

 

 

 

ARTICLE 15

 

GRIEVANCE AND ARBITRATION PROCEDURE

 

8

 

 

 

 

 

ARTICLE 16

 

NO STRIKE - NO LOCKOUT

 

10

 

 

 

 

 

ARTICLE 17

 

SENIORITY

 

11

 

 

 

 

 

ARTICLE 18

 

TERMINATION OF SENIORITY

 

12

 

 

 

 

 

ARTICLE 19

 

JOB BIDDING

 

12

 

 

 

 

 

ARTICLE 20

 

TEMPORARY TRANSFER

 

14

 

 

 

 

 

ARTICLE 21

 

GENERAL PROVISIONS

 

15

 

 

 

 

 

ARITCLE 22

 

WORK BY FOREMEN & SUPERVISORS

 

16

 

 

 

 

 

ARTICLE 23

 

NON-DISCRIMINATION

 

16

 

 

 

 

 

ARTICLE 24

 

HEALTH & SAFETY

 

16

 

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ARTICLE 25

 

LEAVE OF ABSENCE

 

17

 

 

 

 

 

ARTICLE 26

 

SUB-CONTRACTING

 

18

 

 

 

 

 

ARTICLE 27

 

VERBAL CONTRACTS

 

18

 

 

 

 

 

ARTICLE 28

 

HEALTH AND WELFARE PLAN

 

18

 

 

 

 

 

ARTICLE 29

 

PRESCRIPTION AND DENTAL PLAN

 

19

 

 

 

 

 

ARTICLE 30

 

DEATH BENEFIT PLAN

 

19

 

 

 

 

 

ARTICLE 31

 

PAID VACATION

 

19

 

 

 

 

 

ARTICLE 32

 

SICK PAY

 

21

 

 

 

 

 

ARTICLE 33

 

HOLIDAY PAY

 

22

 

 

 

 

 

ARTICLE 34

 

FUNERAL LEAVE

 

23

 

 

 

 

 

ARTICLE 35

 

HOURLY EMPLOYEE RETIREMENT SAVINGS PLAN

 

24

 

 

 

 

 

ARTICLE 36

 

RESPONSIBILITY FOR EMPLOYEE ADDRESS

 

24

 

 

 

 

 

ARTICLE 37

 

INVENTORY

 

25

 

 

 

 

 

ARTICLE 38

 

LABOR MANAGEMENT COMMITTEE

 

25

 

 

 

 

 

ARTICLE 39

 

WAIVER

 

25

 

 

 

 

 

ARTICLE 40

 

SOLE AND ENTIRE AGREEMENT

 

25

 

 

 

 

 

ARTICLE 41

 

DURATION OF AGREEMENT

 

25

 

 

 

 

 

APPENDIX “A” JOB CLASSIFICATIONS

 

27

 

 

 

APPENDIX “B” HEALTH AND WELFARE

 

30

 

 

 

APPENDIX “C” PRESCRIPTION AND DENTAL PLAN

 

31

 

 

 

APPENDIX “D” DEATH BENEFIT PLAN

 

32

 

 

 

APPENDIX “E” JOB DESCRIPTIONS

 

33

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THIS AGREEMENT is made and entered into this 9 th  day of December, 2004, between UNITED STATES ALUMINUM CORPORATION, hereinafter referred to as the Company and MISCELLANEOUS WAREHOUSEMEN, DRIVERS AND HELPERS UNION, LOCAL #986, an affiliate of the International Brotherhood of Teamsters, hereinafter 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 of all persons working for the Company.  Employees working as guards, office workers, salesmen and supervisory personnel are accepted, as defined by the Labor-Management Relations Act of 1947, as amended.

ARTICLE 1
UNION SECURITY

Section 1

The Company agrees that all production and maintenance employees including working foremen and leadperson, shall be, or thirty-one (31) days after their employment, as a condition of employment, become and remain members in good standing of Teamsters Local 986.

Section 2

Any present employee covered by this Agreement is required to remain a member in good standing of this Union as a condition of continued employment.

ARTICLE 2
MANAGEMENT RIGHTS

Except as otherwise provided by this Agreement, the Company reserves and retains all of its rights to manage the business, as such rights existed prior to the execution of this or any other previous agreement with the Union.  Such rights shall include but not be limited to its rights to determine prices of products; volume of production and methods of financing; to drop a product line, to establish or continue policies, practices and procedures for the conduct of the business and to change or abolish such policies, practices and procedures; the right to determine the number and types of its operations, and the methods, process and materials to be employed; to discontinue processes or operations; to select and determine the number and types of employees required; to transfer, promote or demote employees, or to lay off, terminate for just cause, or otherwise relieve employees from duty for lack of work or other legitimate reasons; and to make and enforce reasonable rules for the maintenance of discipline; provided, however, before the Company changes plant rules, the Company and the Union will meet and discuss such changes.

ARTICLE 3
PROBATIONARY PERIOD

All new employees shall be on probation for the first sixty (60) calendar days of employment or reemployment.  During this probationary period an employee shall have no seniority rights. The Company shall have the absolute right, in its sole discretion, to discharge any probationary employee for any reason.  By mutual agreement between the Company and the Union, the probationary period may be extended for a period of up to an additional thirty (30) days.  Upon satisfactory completion of the probationary period, seniority will be computed from the employee’s original date of hire or most recent rehire date.

1

 



ARTICLE 4
REGULAR WORK TIME

Section 1

Eight (8) hours shall constitute a regular workday, except for the lunch and rest periods as provided for herein.  Five (5) regular workdays shall constitute a regular workweek from Monday to Friday inclusive.  The regular workday will start at 7:00 a.m.  The start time for the Paint Line and Shipping may begin from 5:00 a.m. to 7:00 a.m.  The regular workday shall continue uninterruptedly for eight (8) hours except for a meal period of at least one-half hour.  Also, a ten (10) minute rest period is to be provided midway in the morning and ten (10) minutes midway in the afternoon.  This shall be applicable to all shifts.

Section 2

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

ARTICLE 5
SHIFT PREMIUM & ADDITONAL SHIFTS

Section 1

A modified workday shall continue in its practice, and shall consist of eight (8) hours per day, starting at any time between 8:00 a.m. and 10:00 a.m. for shipping and related activities.  All employees working this modified work schedule shall be compensated at ten (10) cents above their regular straight time hourly rate of pay, for all hours worked during the regular workday.

Section 2

For Grade 4 employees only who work other than the regular day shift may request assignment to the regular day shift and the Company will try and move such employees, in accordance with seniority, when in their opinion, appropriate openings and work circumstance allow for such movement.

Section 3

The Company shall notify the Union in writing of the elected starting time for the modified schedule employees.

Section 4

It shall be the practice of the Company to limit the number of employees assigned to the modified workday to a maximum of 25% of the total work force.

Section 5

Additional work shifts may start at the conclusion of the regular workday.  Employees working such shifts will be compensated at twenty-two cents ($.22) above their regular straight time hourly rate of pay.

Section 6

Shift premium will be paid for only hours worked on the modified shift or other work shift which starts after the conclusion of the regular work day.

2

 



ARTICLE 6
OVERTIME

The rate of wages for the overtime work shall be as follows:

a)                                 All work done in excess of forty (40) hours in the regular work week or eight (8) hours in the workday shall be paid for at the regular rate of one and one-half (1 1 ¤ 2 ) times such employees’ current regular straight time hourly rate.

b)                                All hours paid for Vacation and Holiday shall be counted as hours worked toward the accumulation of forty (40) hours to determine overtime.

c)                                 Work performed on Sundays, shall be paid for at the rate of double time.

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

e)                                 Any shift started on the day before a holiday or on Saturday shall be permitted to complete the shift without overtime penalty.

f)                                   Any employee working more than eight (8) hours in any one shift shall be entitled to a ten (10) minute rest period at the end of his regular eight (8) hour shift, providing he is scheduled to work at least one and one-half (1 1 ¤ 2 ) hours overtime.

g)                                Any employee, except the Shipping department and Maintenance department, when required to work beyond the normal quitting time, must be notified by noon of that day.  The G.E. Rule shall apply to the Shipping and Maintenance departments.  The G.E. Rule means that the employees with the most seniority can decline the extended day’s work, provided that employees with less seniority cannot refuse the work if they are qualified to perform the work.  If the employee with the most seniority is the only one qualified, he or she cannot refuse the work.  When an employee is required to work on Saturday, he must be notified no later than the end of his regular shift on Thursday.  The Company may, at any time, request that an employee work beyond the normal quitting time during the regular week or on Saturday, Sunday, or on a holiday.  When so requested the employee, at his option, may accept or decline the offered work. The Company shall not require any employee to work more than two (2) Saturday’s in any calendar month.

NOTE:  Employees will be excused from overtime work on a regular workday if they have a pre-scheduled doctor’s appointment verified in writing.  No points will be assessed per the attendance policy.

h)                          If there is a need for additional work within a classification and department, the Company may ask for volunteers from qualified employees outside of the department.  In most cases it will be assigned in accordance with plant-wide seniority and qualifications and the Company will try and rotate the opportunity for extra work to a variety of eligible employees desiring the work.

i)                              To the extent practicable, the Company will make every effort to achieve equalization of overtime within a classification and department in accordance with seniority on a rotating basis.

j)                              If at any time a federal or state law, applicable to the Company is passed and implemented prohibiting mandatory overtime, the Company will request only voluntary overtime.

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k)                           A non-deliberate incorrect assignment of overtime will be resolved by the aggrieved party being afforded the next opportunity to work available overtime rather than direct payment of any type

ARTICLE 7
RIGHTS OF UNION REPRESENTATIVES

Section 1

An accredited representative of the Union, upon presentation of these credentials to the plant manager, showing that he is such accredited representative, shall have reasonable access to the Company’s place of business on official business during working hours.

Section 2

The Company will provide space on bulletin boards for posting notices of Union business.  Such notices must be submitted to the plant manager before posting.

ARTICLE 8
PAY PERIODS

Employees shall be paid at least four (4) times per month.  Employees shall be paid the full amount of wages due on each payday, except that in order to facilitate the handling of the payroll, the Company shall be permitted to hold back not more than five (5) days pay between such paydays.

4

 



ARTICLE 9
SHOW-UP TIME

Section 1

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