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.

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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.

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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.

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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 ordered to work if the foremen or person in charge of operations, or his representative fails to notify him not to report at the end of his pervious workday or shift.

Section 2

There will be no obligation for the Company to pay the minimums referred to in this Article in the event the flood, fire, power failure or other occurrences beyond the Company’s control.

ARTICLE 10
SHOP STEWARDS

Section 1

The Company recognizes the right of the Union to designate shop stewards and alternates. Shop stewards shall have the right to investigate and present grievances in accordance with the provisions of this collective bargaining agreement.  Stewards shall be permitted reasonable time to investigate, present and process grievances on the Company property without loss of time or pay during their regular working hours.  Such time spent in handling grievances during a steward’s regular working hours shall be considered working hours in computing daily and/or weekly overtime if within the regular schedule of the steward.

Section 2

The Union shall notify the Company of the designation of the shop stewards and shall keep the Company notified as to any changes in writing.

Section 3

In the event that it becomes necessary for a shop steward to leave his place of work for the purpose of investigating or handling a grievance, or to attend to Union business, he shall notify his supervisor.  He shall advise his supervisor or leadperson immediately upon his return.

Section 4

The Company is under no obligation to pay shop stewards or employees for time spent in grievance meetings or Company/Union meetings when such shop stewards or employees are not scheduled to work.

Section 5

The Company agrees to notify the shop stewards before any general layoff.

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Section 6

The presence of a shop steward may be requested by an employee who is called into the supervisor’s office to be reprimanded or disciplined.

Section 7

A steward shall be present when an employee is called into the supervisor’s office to receive a disciplinary layoff or be discharged.

Section 8

For the purpose of layoff only, the shop steward shall have super-seniority provided such steward has more than one (1) year of continuous service with the Company.

ARTICLE 11
CHECKOFF

The Company and the Union agree to voluntary check-off for monthly Union dues and initiation fees, with the following stipulations:

a)                                       The Union agrees to furnish the Company with signed voluntary authorization cards.  The Union agrees to furnish the Company monthly, with a duplicate list of all employees who have signed said authorization cards.  The Company agrees to furnish the Union with a list of all new hires and re-hires once a month.

b)                                      During the term of this Agreement and during any extension thereof, as provided in this Agreement, the Company deduct on the second pay period of each month, the Union dues and initiation fees as designated on the voluntary authorization cards signed by the individual employee.  The Company shall remit such deductions together with a duplicate copy of the check-off list to the Union no later than one week after such deductions are made.

ARTICLE 12
WAGES

Section 1

All employees working in classifications covered by this Agreement shall be paid no less than the classification wages set forth in Appendix “A”, attached hereto and made a part hereof except as stipulated below.

Section 2

It is understood that the classification rates listed in Appendix “A” are hourly rates for experienced employees (after normal progression) for each classification.  Any employee receiving more than these rates, while being classified as such, are not to be reduced during the life of this Agreement, unless specified elsewhere.

Section 3

Employees who are re-classified into a lower rated classification as a result of Article 17, Section 3 shall retain their current wage rate for a period of ten (10) working days.  After ten (10) days, the employee shall receive the rate for the classification to which they are reassigned, but in no event shall the reduction in pay rate be more than one grade.  An employee shall receive his prior rate, including red circle rate, if applicable, upon return to his prior classification/grade.

Section 4

Any employee who is at rate or above and bids to a higher classification will, at the end of progression, receive a rate at least twenty-five cents ($0.25) per hour over their then current rate of pay or the new classification rate, whichever is greater.

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Section 5

Any employee in progression at the time of the annual general wage increase will be given an additional progressionary increase.  This increase will not take them over the rate of the job and will be in lieu of the general wage increase.

Section 6

Any employee who is laid off and whose current hourly rate was above the rate for the classification in Appendix “A” will be recalled at the classification rate and continue to have applicable thereafter the rates of pay specified in Appendix “A”.

Section 7

It is mutually understood that the rate specified in Appendix “A” for the lower classification level will be considered the minimum for the next higher classification level.

Section 8

By mutual agreement between the Company, the Union and the employee’s doctor, any employee who is unable to perform the duties of this job because of injury or physical handicap, may be placed in a different job classification at a reduced rate of pay if such position is available and the employee is physically able to perform the job.

Section 9

The Company may, in addition to the minimum wage rates set forth in this Agreement, award merit increases.  The granting or withdrawal of such increases shall not be subject to review under Article 15 of this Agreement.  The Company will take into consideration such areas as the employee’s work attitude and habits, abilities, potential, punctuality, attendance, workmanship and overall employment record.

Section 10

The Company may at its sole discretion establish a performance bonus pay program at any time during the term of this Agreement.  Such program payoffs would be I addition to the wages paid in accordance with the terms of this Agreement.  The establishment of the standards, amount of payoff, criteria and the total implementation, administration or discontinuance of such a pay program tests exclusively with the Company and would not be subject to the grievance and arbitration procedure.

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ARTICLE 13
UNION LABEL

It is understood and agreed that in granting the use of the Label of the International Brotherhood of Teamsters under this Agreement, that the Label shall at all times remain the property of the International Brotherhood of Teamsters and may be recalled at any time it is being used to the disadvantage of the members of this organization.

ARTICLE 14
WORK CLASSIFICATIONS

Section 1

If the Company establishes a new job classification within the bargaining unit during the term of this Agreement, the Company will notify the Union of any new classification. And the Company and the Union will attempt to agree on the proper rate of pay.  If they cannot agree, the Company shall set the rate of pay for such new job classification.  If the Union is not satisfied with the rate of pay established by the Company, it shall have the right within ten (10) days to file a grievance pursuant to Article 15 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 Contract, and if not, what rate of pay would bear such relationship.

Section 2

The job descriptions in Appendix E are to be considered as general guidelines.  Both parties recognize that certain duties, tools or products as outlined within a particular Fabricator Grade may change or vary during the term of the contract.  It is the responsibility of the Company, after consultation with the Union for significant revisions, to determine and outline the level of experience and type of the work being performed while maintaining a degree of comparability within each grade.

ARTICLE 15
GRIEVANCE AND ARBITRATION PROCEDURE

Section 1

A grievance is hereby defined as a claim against or a dispute with, the Company by an employee, employees or between the Company and the Union involving an alleged violation by the Company of the terms of the Agreement.

Section 2

It is understood and agreed that the employee may take up his complaint first with his immediate supervisor or he may at his discretion bring in the appropriate shop steward, in which case the grievance will automatically be considered as being in the First Step.

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STEP 1                    Between the employee, his shop steward and his supervisor.

A Step 1 grievance shall be reported to the employee’s supervisor within three (3) working days from the date of occurrence.  It shall be answered within twenty-four (24) hours (one (1) working day).  The grievance, if carried forward, must be presented in Step 2 within forty-eight (48) hours (two (2) working days) from the time the answer was given in Step 1.

STEP 2                    Between the employee, steward, supervisor and the plant manager’s designated representatives.

A Step 2 grievance shall be answered within seventy-two (72) hours (three (3) working days) and, if carried forward, must move to Step 3 within forty-eight (48) hours (two (2) working days) after the answer is given in Step 2.

STEP 3                    Between a business representative of the Union, a representative of the . . . . . . Company, the aggrieved employee and the appropriate departmental/Chief Union Steward.

A Step 3 grievance shall be answered within one hundred twenty (120) hours [five (5) working days] and, if carried forward, must be moved to Step 4 (arbitration) within two-hundred-forty (240) hours [ten (10) working days] after the answer is given in Step 3.

Section 3

In reducing a grievance to writing as herein before provided, the grievance should state the following information: The nature of the grievance, the act or acts complained of and when they occurred, the identity of the grievant, the Article or Section the grievant or grievants claim the Company has violated, and the remedy sought.  The grievance must be signed by the grievant and the shop steward.

Section 4

With respect to Section 2 of this Article, the following time limits are established: Any grievance not presented to the Company in writing as provided in Step Two of Section 2 above within three (3) work days after the occurrence, discovery or knowledge of the facts on which the grievance is based, shall be waived for all purposes.  In addition, if any other steps or actions provided for in Sections 2 and 5 of this Article are not taken or appeals therein specified, then the grievance shall be deemed finally closed and settled on the basis of the Company’s last decision.

Section 5

If no settlement is reached at Step 3, then the Union may, within ten (10) days after the date of the written answer in Step 3, request by written notice to the Company that the grievance be arbitrated as provided herein, provided that the grievance presents an arbitral matter as herein defined in the Agreement.

Section 6

If the parties are unable to agree upon the selection of an arbitrator within ten (10) days after such written notice requesting arbitration of grievance, the Company and the Union shall jointly in writing request the American Arbitration Association to submit a list containing the names of five (5) arbitrators from which an arbitrator shall be chosen as follows: If the parties are unable to agree upon one of the five (5) arbitrators, each party shall then alternately strike names from the list until there is one (1) name remaining and such remaining person shall be the arbitrator.

Section 7

Jurisdiction of the arbitrator is limited to:

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a)                Adjudication of the issues which under the express terms of this Agreement, and the Submission Agreement which shall be entered into between the parties hereto, are subject to submission to arbitration, and

b)               The rendition of a decision or award which in no way modifies, adds to,  subtracts from, changes or amends any term or condition of this Agreement or which is in conflict with the provisions of this Agreement.

Section 8

The fees and expenses of the arbitrator shall be borne equally by the parties.

Section 9

The decision of the arbitrator within the limits herein prescribed shall be final and binding upon the Company, the Union and the employees affected subject to judicial review.

Section 10

It is agreed and understood that only one issue shall be submitted to one arbitrator unless the Union and the Company shall mutually agree to submit more than one grievance to the same arbitrator.

Section 11

All time limits specified above exclude Saturdays, Sundays and holidays.

Section 12

All of the time limits provided herein may be extended by mutual agreement.

Section 13

Any grievance resulting from the discharge of an employee shall be presented within three (3) working days, and will be presented in writing in the Step 3 level.

ARTICLE 16

NO STRIKE - NO LOCKOUT

During the term of this Agreement, all disputes, grievances, complaints and adjustments pursuant to this Agreement shall be settled in accordance with the Grievance and Arbitration Procedure outlined in Article 15 , and the Union agrees for itself and its members that there shall be no strike of any kind, walkout, slowdown, picketing, stay-in, or work stoppage of any type, or interference with production, coercive or otherwise, or violation of this Agreement.  The Company agrees that there shall be no lockout or violation of this Agreement on its part.

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ARTICLE 17

SENIORITY

Section 1

The purpose of this Article is to provide a declared policy of work security for qualified employees, measured by length of service with the Company.

Section 2

Seniority as used herein means length of service with the Company since the date of hire or rehire.

Seniority shall be considered to encompass the following:

1)              Length of continuous service;

2)              Qualifications and ability;

3)              Physical fitness for the job in question.

When (2) and (3) are relatively equal, length of service shall govern.

Section 3

If a layoff of the working force is necessary, employees shall be laid off in accordance with their seniority and the employee with the least amount of seniority being laid off first, provided that the employee with the greatest amount of seniority is capable and able to perform the work.  No temporary employment agency employee shall be retained if there are qualified regular employees on lay off status and are willing to work.

Section 4

In increasing the working force after a layoff, the reverse of the above mentioned procedure shall be followed.

Section 5

In order to maintain maximum efficiency, if a reduction in the number of employees in a classification or department is necessary, employees may be moved from one department or classification to another department or classification without regard to seniority.  Any employee who is being moved to a new classification or department under this provision will retain their same rate of pay.  A standard of good business reasons will be used to make such moves and it can be subject to the review of the Labor Management Committee and/or a Federal or State Mediator.  If the matter remains unsettled, the case would be subject to the grievance and arbitration procedure.  No new positions may be bid by the Company before all employees within that classification have been given the option of returning to the job they previously held.  An employee who declines recall to his prior position will then be paid his current rate or a rate no more than the maximum rate for his current position, whichever is less.

Section 6

The Company will maintain an up-to-date seniority list and a copy furnished to the shop stewards upon request.

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Section 7

Any employee laid off and re-employed within one (1) year shall not forfeit any seniority rights.

Section 8

When the Company reduces the work week for more than one (1) week’s duration, the Company shall be compelled to layoff those employees with the least seniority in order to insure a five day work week for the remaining employees.

Section 9

Any employee who has been or may be transferred to a position outside of the bargaining unit shall retain his seniority for the period of one (1) year as long as he took an honorable withdrawal card from the Union and remains in the employ of United States Aluminum Corporation.  In the event that he returns to the bargaining unit, he shall be placed in his former classification and shall receive the current rate of pay for that classification.

ARTICLE 18

TERMINATION OF SENIORITY

Included among the reasons that employee’s seniority shall be lost and employees terminated:

1)              Upon discharged for just cause;

2)              Upon voluntary termination of employment (quit):

3)              Upon failure to return to work following layoff within five (5) working days after written notice of recall is sent via certified mail:

4)              Upon an unreported absence from work for three (3) consecutive days (voluntary quit):

5)              Upon failure to return to work after expiration of any leave of absence:

6)              Upon layoff or any leave of absence in excess of one (1) year or a period, which . . . . . exceeds the employee’s seniority, whichever is less:

7)              Accepting other employment (performing services for which someone would normally be paid) while on any type of a leave of absence without prior written approval of the Plant Manager.

ARTICLE 19

JOB BIDDING

Section 1

Vacancies in all job classifications, except as provided below, shall be posted at least seventy- two (72) hours by the Company, on a bulletin board in the plant, prior to the filling of these jobs permanently.

Such posting shall include the classification of the job, the rate of pay, and the department (where applicable) level of experience and shift.  Employees who have completed their probationary period and who feel they possess the necessary qualification may make application for the job openings by signing the posted bid during the seventy-two (72) hours.

Section 2

Award of a job bid will be based on qualifications, ability and physical fitness.  If applicants are relatively equal in qualifications, ability and physical fitness, length of service shall be the determining factor.

Section 3

For the purposes of job bidding in