Exhibit
10.5


 


REMINGTON


 


COLLECTIVE BARGAINING

AGREEMENT


 


Between


 


REMINGTON ARMS COMPANY,


INC


lLION, NEW YORK


 


and


 


INTERNATIONAL UNION,


UNITED MINE WORKERS OF

AMERICA


 


1

















 


Table of Contents


 


	
  Article I - Enabling Clause

  	
  5

  
	
  Section (a) Prior Agreements, Practices
  and Customs

  	
  5

  
	
  Section (b) Recognition

  	
  5

  
	
  Section (c) Non-Discrimination

  	
  5

  
	
  Section (d) Definitions

  	
  5

  
	
  Section (e) Payroll Deduction

  	
  6

  
	
  Section (f) Successorship

  	
  6

  
	
  Article II – Scope and Coverage

  	
  7

  
	
  Section (a) Work Jurisdiction

  	
  7

  
	
  Section (b) Exemptions Clause

  	
  7

  
	
  Section (c) Supervisors Shall Not
  Perform-Classified Work

  	
  7

  
	
  Section (d) Management of the Plant

  	
  8

  
	
  Section (e) UNION’S Rights

  	
  8

  
	
  Section (f) Contracting and
  Subcontracting

  	
  9

  
	
  Section (g) Job Security

  	
  9

  
	
  Article III - Wages and Hours

  	
  10

  
	
  Section (a) Basic Workday

  	
  10

  
	
  Section (b) Basic Workweek

  	
  10

  
	
  Section (c) Overtime Pay and Premium Pay

  	
  10

  
	
  Section (d) Standard Daily Wage Rate

  	
  13

  
	
  Section (e) Hourly Wage Rates and Shift
  Differential

  	
  13

  
	
  Article IV – Holidays

  	
  15

  
	
  Section (a) Holidays Observed

  	
  15

  
	
  Section (b) Saturday and Sunday Holidays

  	
  15

  
	
  Section (c) Plant Floater and
  December 24

  	
  16

  
	
  Section (d) Pay for holidays Worked

  	
  16

  
	
  Section (e) Pay for Holidays Not Worked

  	
  16

  
	
  Section (f) Birthday Holidays

  	
  16

  
	
  Section (g) Time of Payment

  	
  17

  
	
  Article V
  – Vacation

  	
  17

  
	
  Section (a) Regular Vacation

  	
  17

  
	
  Section (b) Plant Shutdown

  	
  17

  
	
  Section (c) Staggered Vacation

  	
  18

  
	
  Section (d) Work During Shutdown

  	
  18

  
	
  Section (e) Time of Payment

  	
  18

  
	
  Section (f) Obligation for Payment

  	
  19

  
	
  Article VI – Allowance

  	
  19

  
	
  Section (a) Bereavement Pay

  	
  19

  
	
  Section (b) Jury Duty

  	
  20

  
	
  Section (c) Reporting Pay and Call - In
  Pay

  	
  21

  
	
  Section (d) Military Duty

  	
  21

  
	
  Article VII – Joint Labor – Management Communication Committee

  	
  21

  
	
  Article VIII
  – Health and Safety

  	
  22

  
	
  Section (a) Right to a Safe Working
  place

  	
  22

  



 


2

















 


	
  Section (b) Health
  and Safety Committee

  	
  22

  
	
  Section (c) Settlement of Health or
  Safety Disputes

  	
  24

  
	
  Section (d) Drug and Alcohol Testing

  	
  24

  
	
  Article IX
  – Seniority

  	
  24

  
	
  Section (a) Definition of Seniority

  	
  24

  
	
  Section (b) Termination of Seniority

  	
  24

  
	
  Section (c) Probationary Period

  	
  25

  
	
  Section (d) Filling Vacancies

  	
  25

  
	
  Section (e) Reduction Realignment
  Procedure

  	
  25

  
	
  Section (f) Panel

  	
  27

  
	
  Section (g) Panel Custodians

  	
  27

  
	
  Section (h) Panel Members Accrue
  Seniority

  	
  27

  
	
  Section (i) Right to be Recalled

  	
  27

  
	
  Section (j) Recall of Persons on Layoff
  Status

  	
  28

  
	
  Section (k) Job Bidding and Posting
  Procedure

  	
  28

  
	
  Section (1) Temporary Assignments

  	
  31

  
	
  Section (m) Separation Pay

  	
  32

  
	
  Article X
  – Settlement of Disputes

  	
  33

  
	
  Section (a) Grievance Committee

  	
  33

  
	
  Section (b) Grievance Procedure

  	
  34

  
	
  Section (c) Finality of Decision or
  Settlement

  	
  37

  
	
  Section (d) Waiver of Time Limits

  	
  37

  
	
  Article
  XI – Discipline and Discharge

  	
  37

  
	
  Section (a) Just Cause Required

  	
  37

  
	
  Section (b) Procedure

  	
  37

  
	
  Section (c) Suspension

  	
  38

  
	
  Section (d) Compensation for Lost
  Earnings

  	
  38

  
	
  Section (e) Removal of Employee
  Disciplinary Records

  	
  38

  
	
  Article XII
  – Benefits and Practices

  	
  38

  
	
  Section (a) Eligibility

  	
  38

  
	
  Section (b) Benefits of Choice

  	
  38

  
	
  Section (c) Length of Service

  	
  39

  
	
  Section (d) Practices

  	
  39

  
	
  Section (e) Administrative and Design
  Matters and Uniformity

  	
  39

  
	
  Article XIII
  – Miscellaneous

  	
  40

  
	
  Section (a) Pay Day

  	
  40

  
	
  Section (b) Bulletin Boards

  	
  40

  
	
  Section (c) Safety Shoes

  	
  40

  
	
  Section (d) Bye Examinations

  	
  40

  
	
  Section (e) Disability Accommodation

  	
  41

  
	
  Section (f) Medical Appointments

  	
  41

  
	
  Article XIV
  – No Strike or Lockout

  	
  41

  
	
  Section (a) Union Not to Strike

  	
  41

  
	
  Section (b) Union to Halt Breach

  	
  42

  
	
  Section (c) Discipline for Breach

  	
  42

  
	
  Section (d) No Lockout

  	
  42

  



 


3

















 


	
  Article XV – Maintain Integrity of the Contract
  and Resort to Courts

  	
  42

  
	
  Article XVI – Modification and Severability Clause

  	
  42

  
	
  Section (a) Modification

  	
  42

  
	
  Section (b) Severability

  	
  43

  
	
  Article XVII - Ratification and Termination of this Agreement

  	
  43

  
	
  SHORT TERM DISABILITY PAY PLAN

  	
  45

  
	
  APPENDIX A

  	
  46

  
	
  APPENDIX B

  	
  48

  
	
  APPENDIX C

  	
  49

  
	
  APPPENDIX D

  	
  51

  



 


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AGREEMENT


 


Article I - Enabling Clause


 


Effective this 23rd day of October 2007,
the Ilion Plant of REMINGTON ARMS COMPANY, INC., situated at Ilion, New York, hereinafter
referred to as the PLANT or the EMPLOYER, and the INTERNATIONAL UNION, UNITED
MINE WORKERS OF AMERICA, hereinafter referred to as the UNION, in consideration
of the mutual covenants herein contained have agreed and do agree as follows:


 


Section (a) Prior Agreements, Practices and
Customs


 


This agreement supersedes the collective bargaining
agreements previously executed by the parties. There shall be no prior
practices and customs observed at the Ilion Plant, unless identified in
Appendix C. All previous agreements not contained in this agreement, will be
superseded by this Agreement and to remain in effect must be signed and dated
on or after the effective date of this Agreement.


 


Section (b) Recognition


 


The UNION has been and is recognized as the
exclusive bargaining agency for the Employees of said Ilion Plant. This agreement
pertains to only the unit to be recognized; it does not create any rights or
obligations not expressly stated herein. All Employees shall be or become
members of the UNION, to the extent and in the manner permitted by law.


 


Section (c) Non-Discrimination


 


The PLANT and the UNION affirm the policy of
nondiscrimination against any Employee or applicant for employment because of
age, disability (within the meaning of the ADA), race, creed, religion, color, sex,
national origin, ancestry or political activity (whether intra-UNION or
otherwise) with respect to wages, hours and working conditions.


 


Section (d) Definitions


 


Wherever the following terms are used in this
Agreement, they are defined as follows:


 


(1)            The term “PLANT” shall mean the Ilion Plant of
Remington Arms Company, Inc. located at Ilion, New York.


 


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(2)            The terms “Employee” or “Employees”
shall mean any or all of those employees at the Plant included within the
bargaining unit covered by this Agreement


 


(3)            The terms “Current Employee”
or “Current Employees” shall mean only those employees hired before September 11,
1997.


 


(4)            The terms “New Employee” and
“New Employees” shall mean only those employees hired on or after September 11,
1997.


 


(5)            When the term “Employee(s)”
or a personal noun or pronoun appears in this Agreement, it shall be understood
to refer to either the masculine or feminine gender or both as applicable in
the context in which it appears.


 


Section (e)  Payroll Deduction


 


(1)    The PLANT will deduct the membership dues, including
initiation fees and assessments, or the legally required equivalent thereof, of
the UNION and its various subdivisions, prescribed by the UNION, and other
authorized deductions, from the salary payable within the month of an Employee
who authorizes the PLANT to make such deductions on a form entitled United Mine
Workers of America Checkoff Authorization Form.


 


(2)    All sums deducted in this manner shall be turned
over by the PLANT to the designated representatives of the UNION, together with
a statement listing the names and social security numbers of all unit Employees
and the amount checked off for each authorized deduction.


 


Section (f)  Successorship


 


In consideration of the UNION’S execution of this Agreement,
the EMPLOYER promises that the PLANT covered by this Agreement shall not be
sold, conveyed, or otherwise transferred or assigned to any successor without
first securing the successor’s agreement to assume the EMPLOYER’S obligations
under this Agreement including Appendix A. Immediately upon the conclusion of
any such sale, conveyance, assignment or transfer of the PLANT, the EMPLOYER
shall notify the UNION of the transaction. Such notification shall be by
certified mail to the Secretary-Treasurer of the International Union and shall
be accompanied by documentation that the successor obligation set forth herein
has been satisfied.


 


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Article II - Scope and Coverage


 


Section (a) Work Jurisdiction


 


All current bargaining unit work including processes
related to the production and processing of firearms and routine repair and
routine maintenance work normally performed at the PLANT, and work of the type
customarily related to all of the above shall be performed by bargaining unit
Employees of the EMPLOYER covered by and in accordance with the terms of this
Agreement, except as otherwise specified herein.


 


Section (b) Exemptions Clause


 


It is the Intention of this Agreement to reserve to
the EMPLOYER and except from this Agreement an adequate force of supervisory
employees to effectively conduct the safe and efficient operation of the PLANT
and at the same time, to provide against the abuse of such exemptions by
excepting more such employees than are reasonably required for that purpose.


 


Exempt employees under this provision are salaried
employees exempt under the Fair Labor Standards Act including the Plant Manager,
his assistants and their staff, Supervisory employees, with authority to hire, discharge,
promote, transfer, or otherwise effect changes in status of Employees or
effectively to recommend such action. All non-exempt employees excluded from the
bargaining unit will retain such status. All other Employees working in or
around the PLANT shall be covered by this Agreement, except as otherwise
specified herein.


 


The UNION will not seek to organize or ask
recognition for such exempt employees during the life of this Agreement. The
EMPLOYER shall not use this provision to exempt from the provisions of this
Agreement more persons than are necessary for the safe and efficient operation
of the PLANT.


 


Section (c) Supervisors Shall Not Perform
Classified Work


 


Supervisory employees shall perform no classified
work covered by this Agreement except in emergencies and except if such work is
necessary for the purpose of training or instructing bargaining unit Employees.
Plant Management retains the right to audit operations which may include
measuring and gauging components and auditing finished product as well as engineering
support for product development and troubleshooting so long as the number of
bargaining unit Employees currently performing such work is not eliminated or
reduced. When a dispute arises under this section, it shall be adjudicated
through the grievance and arbitration procedures covered by this Agreement and
in such proceedings the following rule will apply: the burden is


 


7

















 


on
the EMPLOYER to prove that classified work has not been performed by supervisory
personnel.


 


Section (d)
Management of the PLANT


 


(1)    Management Rights


 


The UNION recognizes and agrees that, except as
specifically limited by the express provisions of this Agreement, the PLANT
maintains the sole and exclusive right to manage its business in such a manner
as the PLANT shall determine to be in its best interest. The exercise or
nonexercise of the rights retained by the PLANT shall not be deemed to waive
any such rights or the discretion to exercise any such rights in some other way
in the future.


 


(2)    Most Favored Nations


 


During the term of this Agreement should the UNION
either (A) enter into an agreement with any other competing firearm
manufacturer (with comparable gross sales) other than Remington Arms Co., Inc.
or any of its component divisions, the terms or conditions of which agreement
are more advantageous to the other employer than those contained in this
Agreement; or (B) Countenance a course of conduct by any other comparable
competing firearms manufacturer signed to an agreement with the UNION, which
course of conduct enables the other employer to operate under more advantageous
terms and conditions than are provided for in this Agreement, the PLANT shall
be privileged to adopt such advantageous terms and conditions upon written
notice to the UNION of its intent to do so.


 


Section (e)
UNION’S Rights


 


(1) Authorized representatives of the District
and the International will be allowed access to the PLANT property to insure
compliance with this Agreement, after giving notice and their reason for
seeking access. The President, International Vice Presidents, Field
Representatives and International Safety Representatives and
Secretary-Treasurer of the International Union will be granted access to the
PLANT provided that such officials have given a minimum of 48 hours advance
notification and reason of their desire to visit, provided there is no
interference with production. The EMPLOYER shall provide candidates for UNION
office reasonable opportunity to campaign among its Employees during their
non-working hours and in non-working areas, provided there is no interference
with production. The EMPLOYER further agrees to provide space on PLANT property
for the holding of UNION elections and the ratification of collective
bargaining agreements. However, the UNION agrees that there shall be no
solicitation or UNION meetings or promotional UNION activity on PLANT time.


 


8

















 


(2)   The Local Union President, Vice
President, Financial Secretary, Recording Secretary and Employees who are
either elected or appointed to the Joint Labor-Management Communications
Committee, the Health and Safety Committee, and the Grievance Committee shall
have the right of movement throughout the PLANT in the performance of their
official duties, provided the UNION officials noted above do not unreasonably
interfere with the production of Employees. Local Union Officers and committee
member shall seek permission from their supervisor to leave their work area in
order to meet their responsibilities as outlined within this Agreement. Permission
will be granted unless there is a justifiable business reason for denying such
permission. Once permission has been granted, the Employee will be paid their
regular rate as long as the responsibilities are carried out during the
Employee’s regular work hours.


 


(3)     UNION officials noted above
in subsection (2), with proper advance notification to Human Resources, will be
excused to participate in UNION activities. In cases where multiple UNION
officials noted above in subsection (2) are requesting to be excused for
multiple days, the request shall be submitted as far in advance as possible but
no less than two (2) working days prior to the requested time off. In
cases of District or International Conventions or conferences, no more than ten
(10) Employees shall be excused to attend. Employees who have an official
request for a leave of absence shall be granted leave to serve as District or
International officers or representatives and shall retain their seniority and
accrue seniority while they are on such leave. Employees who have an official
request for a leave of absence shall be granted leave to accept a temporary
UNION assignment, not to exceed four (4) consecutive months, and to return
to their former jobs and shifts. No more than two (2) Employees may accept
such temporary UNION assignments at the same time. Permanent UNION appointees
and those Employees who are elected to District or International office shall
be entitled to return to a job, provided that Employees with greater seniority
at the PLANT are not on layoff.


 


Section (f) Contracting and Subcontracting


 


Notwithstanding anything to-the contrary in this
Agreement, the PLANT has the unlimited right to contract out or transfer work.


 


Section (g) Job Security


 


During the life of this Agreement, and based on
market demand, the M/7, M/700, M/7600, M/7400, M/1187, M/1100, M/870, SP10, M/552,
M/572, M750, M7615 and 105CTi will continue to be produced only at the Ilion
Plant; however, in accordance with Article II, Section (f), the PLANT
retains the right to purchase and/or procure component parts and services for
the foregoing models.


 


9

















 


Article III - Wages and Hours


 


Section (a) Basic Workday


 


The regular or basic “workday” shall begin at 7:00
am and end the following day at 7:00 am. The EMPLOYER may designate other “workdays”
for individual Employees or groups of Employees following discussion of the
need to do so with the Local Union.


 


Section (b) Basic Workweek


 


The regular or basic “workweek” shall begin Monday
at 7:00 a.m. and shall end the following Monday at 7:00 am. The EMPLOYER may
designate other “workweeks” for individual Employees or groups of Employees
following discussion of the need to do so and agreement by the Local Union. An
Employee’s basic “workweek” will not be changed without seven days prior notice.
In the event the parties are unable to reach agreement regarding the work week
change, the EMPLOYER may implement the change, subject to the UNION’s right to
file a grievance and submit the matter to arbitration for final resolution. In
cases where the change is of a single week duration, the agreement and notice
provisions of this section shall not apply, but the affected Employee(s) will
be given as much notice as possible.


 


Section (c) Overtime Pay and Premium Pay


 


(1)           Overtime pay at one and
one-half times the Employee’s regular rate will be paid for:


 


(A)        All hours worked at the direction of management in
excess of eight (8) hours in any period of twenty-four (24) consecutive
hours. This provision shall not be applicable if the excess hours worked are at
the request of the Employee.


 


(B)         All hours worked in excess of forty (40) in the
regular workweek.


 


(C)         All hours worked on the Employee’s sixth consecutive
day off.


 


(D)        All hours worked on Saturday unless Saturday is
included in the Employee’s regularly scheduled workweek.


 


(2)           Overtime pay at double the
Employee’s regular rate will be paid for:


 


(A)         All hours worked on the
Employee’s seventh consecutive day.


 


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(B)         All hours worked on Sunday unless Sunday is included
in the Employee’s regularly scheduled workweek.


 


(3)                                For the purpose
of determining whether an Employee has worked a sixth or seventh day within the
regular workweek as set forth in this Article, such Employee shall be
considered to have performed a day’s work when:


 


(A)                          The Employee works the
regularly scheduled hours in a day.


 


(B)                           The Employee is off work due
to a Holiday or other Contractual day.


 


(C)                           The Employee is excused for
part of the day by management.


 


(D)                          The Employee is absent a
full day as a result of being sent home due to lack of work without prior
notification not to report.


 


(4)           Work on the seventh
consecutive day and all holidays is optional. In the event all Employees refuse
such work, management retains the right to assign the least senior Employees in
the needed job title to work.


 


(5)           An Employee who is required
to work on one of his scheduled days of rest shall not be required to take
compensating time off.


 


(6)           Overtime opportunities shall
be distributed on an equitable basis. The EMPLOYER is responsible for
scheduling overtime and determining qualified Employees to perform overtime
work. Weekend (and sixth and seventh day worked) overtime hours shall be
distributed by the EMPLOYER among the Employees qualified to perform the work
involved pursuant to the following guidelines:


 


(A)        All shifts on a particular assignment working overtime:


 


(i)              Ask regular operator(s) of that primary
assignment on the shift that will be running.


 


(ii)             If he refuses, ask other operators in the same
Department, on the same shift, who are qualified to perform the work.


 


(iii)            If they refuse, ask other operators in the same Area
Manager’s area, on the same shift, who are qualified to perform the work.


 


11














 


(iv)          If they refuse, the
EMPLOYER may assign the work to the least senior employee in the Area Manager’s
area qualified to perform the work.


 


(B)         Only
one shift of a multi-shift job working overtime:


 


The overtime opportunity will be offered to all regular operators of
that assignment on all shifts on an equitable basis. Management reserves the
right to schedule the specific hours of such overtime work. If there are an
insufficient number of volunteers, the EMPLOYER may assign the work to the
least senior regular operators of that assignment.


 


Note that in emergency situations, the
EMPLOYER will take whatever steps are necessary to keep a job running and
assure no break in the production flow.


 


(7)            When
more than one rate is applicable to the same hours of work, the rates shall not
be pyramided, but only the highest single rate applicable shall be paid. Any
hours paid for at any overtime rate, except hours worked on Holidays, shall not
be used again for the purpose of determining any other overtime hours. When
time and one-half (1 1/2), two (2), or two and one half
(2 1/12) times rates are paid for hours worked, such hours shall be
considered overtime hours.


 


(8)            If
there are an insufficient number of volunteers for overtime pursuant to
Subsection (6) of this Article III(c), then the EMPLOYER may require
mandatory overtime of up to ten (10) hours per work week consisting of
work shifts not to exceed:


 


i.              Up
to ten (10) hours on the first five (5) days of any scheduled work
week (i.e., not to exceed two (2) hours of mandatory overtime per shift).


 


ii.             Six
(6) hours on the sixth (6th) day worked.


 


(A)        The
EMPLOYER has the right to determine the hours of work and determining qualified
Employees to perform overtime work.


 


(B)         Employee
absences during mandatory overtime and voluntary overtime once accepted by the
Employee shall be logged on the Employee’s work history and counted as an
unexcused absence in the Attendance Policy.


 


(C)         Overtime
shall not be applicable for the Short Term Disability Pay Plan or vacation considerations.


 


(D)        Employees
shall be given twenty-four (24) hour advance notice of mandatory overtime
scheduled on the sixth (6th). By way of


 


12

















 


example, if an Employee is going to be
scheduled for mandatory overtime on a Saturday, the Employee shall be informed
of the assignment by the end of his shift on Thursday.


 


Section (d) Standard Daily Wage Rate


 


The Employee’s Standard daily wage rate as used
herein shall be calculated in accordance with the following formula: 


 


	
  Employee’s
  Established

  	
   

  	
   

  	
   

  	
   

  
	
  Monthly
  Salary x 12

  	
   

  	
  =

  	
   

  	
  Straight Time Rate

  
	
  52
  Weeks x 40 Hours Per Week

  	
   

  	
   

  	
   

  	
  (Per hour)

  



 


The
term regular rate as used herein shall mean the straight time rate plus shift
differential, if any, but excluding all other payments.


 


Section (e) Hourly Wage
Rates and Shift Differential


 


(1) Hourly
Wage Rates


 


(A)        The
four (4) Level Pay Structure is included in this Agreement as Appendix A. This
structure will remain the same during the life of this Agreement however, all
Employees actively employed on the effective date of this Agreement will
receive:


 


	
  Effective Date

  	
   

  	
  Amount

  	
   

  
	
  October 29, 2007

  	
   

  	
  3.5

  	
  %

  
	
  November 3, 2008

  	
   

  	
  3

  	
  %

  
	
  November 2, 2009

  	
   

  	
  3

  	
  %

  
	
  November 1, 2010

  	
   

  	
  3

  	
  %

  
	
  November 7, 2011

  	
   

  	
  3.5

  	
  %

  



 


(B)         Appendix
B lists each of the pay levels and the job titles and job code numbers
incorporated within each pay level. The EMPLOYER shall not introduce additional
pay levels or job titles during the life of this


 


13

















 


Agreement or combine existing job titles or
pay levels without discussions with and agreement by the Local Union. In the
event the parties are unable to reach agreement regarding the appropriate pay
level and job code number, the EMPLOYER may implement the change, subject to
the UNION’s right to file a grievance and submit the matter to arbitration for
final resolution.


 


(2) Shift
Differential


 


An Employee permanently scheduled or temporarily
assigned to work between the hours of 3:30 p.m. and 7:00 a.m. shall receive a
night shift differential amounting to ten percent (10%) of the applicable rate
for Current Employees and $0.75 per hour for New Employees for such hours, according
to the procedures in paragraphs (A) through (E) of this Section. No
shift differential shall be paid when such hours worked at the request of the
Employee.


 


(A)        A
day shift Employee shall receive shift differential when the hours worked in a
workday amount to four or more* between the hours of 3:30 pm and 7:00 am, and
provided the Employee worked his normal shift and the hours qualifying for
shift differential are an extension of that shift.


 


*Employees scheduled to begin work at 4:00 a.m.
will receive shift differential for those hours worked between the hours of 4:00
a.m. and 7:00 a.m.


 


(B)         A
day shift Employee shall receive shift differential for all hours worked
between 3:30 p.m. and 7:00 a.m. provided the Employee worked his normal shift
and a break in work of one hour or more occurs between the normal shift and
those hours qualifying for shift differential.


 


(C)         If
the majority of hours worked by a day shift Employee are worked on a night
shift (3:30 p.m. to 7:00 a.m.), he will be paid according to paragraph (D) of
this Section.


 


(D)        A
second or third shift Employee shall receive shift differential for all hours
worked on his normal shift, as well as for all hours worked which are an
extension of his normal shift, provided he works his normal shift.


 


(E)         If
the majority of hours worked by a second or third shift Employee are worked on
the day shift (7:00 am to 3:30 pm), he will be paid according to paragraphs (A) and
(B) of this Section.


 


(F)         Night
shift Employees may be temporarily assigned by the EMPLOYER to work the day
shift. When these Employees are reassigned to days, they will continue to
receive their night shift differential for a


 


14

















 


period not to exceed two (2) regular
work weeks unless an extension of time is deemed necessary by both parties.


 


This policy will not apply when:


 


(i) The request to work the day shift is originated by the
Employee.


 


(ii) Supervision determines a need for retraining due to a lack of
performance on the part of the Employee.


 


(iii) An Employee who is a successful bidder to a night shift job
which requires training on the day shift and is accordingly assigned to days
for initial training.


 


(iv) An employee is moved pursuant to a medical restriction.


 


Article IV – Holidays 


 


Section (a) Holidays Observed


 


(1)             In each year of this
Agreement there shall be eleven paid Holidays:


 


New Year’s Day


Good Friday


Memorial Day


July 4th


Labor Day


Thanksgiving Day


Day after Thanksgiving


December 24 – day before Christmas


Christmas Day


Employee’s Birthday


Plant Floater


 


(2)           With
the exception of the Employee’s Birthday and the Plant Floater, foregoing
Holidays shall be celebrated on the legally designated days.


 


Section (b) Saturday and Sunday Holidays


 


(1)           When any of the
foregoing Holidays falls on Saturday, the preceding Friday will be observed as
the Holiday.


 


15

















 


(2)            When
any of the foregoing Holidays, except December 24, falls on Sunday, the
following Monday will be observed as the Holiday.


 


Section (c)
Plant Floater and December 24


 


(1)            The date of celebration of the Plant Floater Holiday will
be selected by each individual Employee to be scheduled in accordance with the
provisions for scheduling vacations as set forth in Article V.


 


(2)            When December 24 falls on Friday, the preceding
Thursday will be observed as the Holiday. When December 24 falls on Sunday,
the following Tuesday will be observed as the Holiday.


 


Section (d) Pay for Holidays Worked


 


Employees who work on the foregoing Holidays, including
designated birthday Holidays, shall be paid at one and one-half (1 1/2) times the
Employee’s regular rate for all such hours worked, and in addition, will be
paid a Holiday allowance calculated at the Employee’s regular rate for the
hours normally scheduled on the day of the workweek, or the Employee shall be
paid overtime pay at two and one-half (2 1/2) times the Employee’s regular rate for such Holiday hours worked, whichever
yields the greater pay.


 


Section (e) Pay for Holidays Not Worked


 


Employees who do not work on the foregoing Holidays
will be paid their regular earnings for such day, including regularly scheduled
overtime rates.  In order to qualify for
Holiday pay for Holidays not worked, the Employee must work both on the
Employee’s last scheduled day prior to the Holiday and on the Employee’s next
scheduled day following the Holiday, unless excused from work on such days by
PLANT management.


 


Section (f) Birthday Holidays


 


With supervisory approval, an Employee may elect to
float his/her birthday to any regularly scheduled workday within the calendar
year in which the birthday falls except for Sunday, a day of vacation or a
recognized PLANT wide holiday.


 


(1) Employees will be asked in order of
seniority to schedule their birthday Holiday prior to any vacation scheduling
each year.


 


16

















 


(2)            Employees
who choose not to float their birthday Holiday and elect to take the day of
their birthday off, will have preference over any employee floating the Holiday
or scheduling a split day of vacation.


 


(3)            If
an Employee elects not to schedule the birthday Holiday floater prior to
vacation scheduling, the birthday Holiday will not take preference over
vacation days but will be granted on a first-come first-served basis. The
birthday Holiday will be given consideration along with any late vacation
requests.


 


(4)            If
the Employee’s birthday falls during a scheduled week of vacation, the Employee
may reschedule the extra vacation day at some other time during the calendar
year following established split vacation guidelines.


 


(5)            Employees
will observe their birthday Holiday on the day selected. In emergency
situations, however, an Employee’s birthday Holiday may be granted or changed
with approval of Area Supervision prior to the start of the shift during which
the Holiday was to be celebrated.


 


Section (g) Time of Payment


 


Payment for Holidays not worked shall be included
with pay for the pay period in which the Holiday occurs.


 


Article V – Vacation


 


Section (a) Regular Vacation


 


Employees will qualify for up to five (5) weeks
of regular vacation under the following formula:


 


Two weeks after one (1) year of service 


Three weeks after five (5) years of service 


Four weeks after ten (10) years of service 


Five weeks after twenty (20) years of service


 


Section (b) PLANT Shutdown


 


The EMPLOYER shall have the option of declaring a
vacation shutdown for up to 10 working days during any calendar year of this
Agreement. If the EMPLOYER elects this option it will notify the Local Union
President by January 15th of the year so elected. One of the two weeks
elected for shutdown shall occur during the time period of June 1 - August 31.
If the EMPLOYER elects to exercise the right to shut down the PLANT, up to


 


17

















 


10
working days of an Employee’s regular vacation may be assigned to these
shutdown periods. Vacation shutdown weeks may include observed Holidays covered
by this Agreement. In such cases the EMPLOYER may assign vacation only to those
days not covered by Holidays for a combined total of five (5) days during
the shutdown week.


 


Section (c) Staggered Vacation


 


Any vacation other than vacation described in Section (b) above,
shall be scheduled by the EMPLOYER at times desired by the individual Employees
provided the Employee requests the vacation two (2) working days prior to
the actual vacation. Notwithstanding the foregoing, an Employee may request to
use no more than three (3) vacation days per calendar year with less than
two (2) working days notice prior to the actual vacation. The EMPLOYER may
excuse the two (2) working day prior request requirement in the event of a
verifiable severe weather condition. Vacations shall be scheduled by Employees
in accordance with the past practice of vacation scheduling, recognizing
production needs and the Employee’s right to schedule vacation in weekly
segments or split action of single day or 1/2 day segments.


 


Section (d) Work During Shutdown


 


In the event the EMPLOYER declares a vacation
shutdown between the months  of June 1 – August 31, Employees who are required to work
during the shutdown shall be  assured of scheduling equal days off during the  months of June,
July, or August, if they
so desire.


 


Section (e) Time of Payment


 


(1)            Vacation
payment for three (3) or more consecutive days vacation shall be made by
separate check no later than the last pay day immediately preceding the
beginning of the respective vacation periods, providing advanced vacation forms
are turned into the Payroll Department in a timely fashion. Any vacation of
less than three (3) consecutive days will be paid in the same pay period
in which the regular work for that week will be paid.


 


(2)


 


(A)          Employees who leave
their employment (for reasons other than discharge for just cause) prior to
receiving vacation pay shall receive their pro rata share of vacation payment
earned for each of the qualifying years (i.e., first, fifth, tenth, and
twentieth) by their second regular pay period from the time their employment is
severed according to the following guidelines:


 


18

















 


· If the Employee leaves employment during or
after their anniversary month, they will receive full pay for the additional
week of vacation earned.


 


· Should the Employee
leave employment before their anniversary month, their additional week of
vacation pay will be reduced by 1/12 of a week for each month the Employee
leaves prior to the anniversary month. For example, an Employee with an
anniversary month of July who wants to leave in February of a
qualifying year will be leaving five (5) months prior to his anniversary
month and will therefore have the additional week’s vacation pay reduced by
5/12’s of a week.


 


(B)           Employees who leave
their employment (for reasons other than discharge for just cause) prior to
receiving vacation pay in the years between qualifying years, shall receive
full vacation pay based on their years of service outlined in Section (a) of
this Article.


 


(C)           Any vacation
previously paid during the calendar year will be considered part of total
allotment.


 


 


Section (f) Obligation for Payment


 


Failure of the EMPLOYER to make full and prompt
payment of the amounts required hereby, in the manner and on the dates herein
provided, shall at the option of the UNION, be deemed a violation of this
Agreement.  This obligation shall be a
direct and continuing obligation of the EMPLOYER during the life of this
Agreement; and it shall be deemed a violation of this Agreement if the PLANT, to
which this Agreement is applicable, shall be sold, leased, subleased, assigned
or otherwise disposed of for the purpose of avoiding the obligation hereunder.


 


Article VI – Allowance


 


Section (a) Bereavement Pay


 


(1)            An
Employee who is excused from work because of death in the Employee’s immediate
family, shall be paid the Employee’s regular rate of pay for the Employee’s
scheduled working hours excused for a maximum of three (3) scheduled
working days, starting on the day of death or on the day following death to and
including the day after the funeral, but in no event extending beyond the day
after the funeral. A member of the Employee’s immediate family shall be limited
for the purpose of this Section to Mother, Father, Step-Parent, Mother-in-law,
Father-in-law, Sister, Brother, Husband, Wife, Son, Daughter, Step-child, Grandparent
and Grandchild of the employee. No pay allowance shall be granted in the case
where, because of distance or other cause,


 


19

















 


the
Employee does not attend the funeral of the deceased. In instances of distant
death, where a local memorial service is held, Employees will be excused with
pay, for up to eight hours, on the day of the service.


 


(2)            Spring interment or split time off (funeral and interment
at a later date) may be granted as long as it does not exceed three (3) working
days in total time off. If an Employee is on vacation and a death occurs in the
family, days used under the above provisions may be rescheduled at a later
date.


 


(3)            In case of death of a Brother-in-law*, Sister-in-law*, Son-in-law,
Daughter-in-law, an Employee may be excused from work up to eight (8) hours
on the day of the funeral and shall be paid the Employee’s regular rate of pay
for the working hours excused. No pay allowance shall be granted in the case
where, because of distance or other cause, the Employee does not attend the
funeral of the deceased. Notice of such deaths must be given to the Employee’s
supervision as soon as it is reasonably possible. In instances of distant death,
where a local memorial service is held, Employees will be excused with pay, for
up to eight hours, on the day of the service.


 


(4)            The hours thus paid for but not worked shall not be used
in computing overtime pay for hours worked in excess of forty (40) in the
workweek, nor shall Such days be counted as days worked in determining whether the
Employee has worked a sixth (6th) or seventh (7th) day in the regularly scheduled workweek.


 


(5)            The EMPLOYER may require verification of death and
relation to the Employee.


 


*Brother-in-law
and Sister-in-law are defined as the spouse of the Employee’s Brother or Sister
and the Brother or Sister of-the Employee’s spouse.


 


Section (b) Jury Duty


 


When an Employee is called for jury duty service, he
shall be excused from work for the  hours he is required to appear in
court and for time granted by supervision for the Employee to prepare for jury
duty (travel time, clothes change, etc.). The amount of this time will be
determined at the discretion of the EMPLOYER’s supervisor. Employees attending
jury duty will be paid their regular rate for the excused hours they would have
been scheduled to work, not to exceed eight (8) hours for any one day and
shall be allowed to retain jury fees received for jury duty service. Time
absent for jury duty will be paid as excused jury duty. An Employee called to
jury duty while on vacation (other than previously scheduled vacation shutdown)
will be permitted to reschedule vacation beginning with the first day of jury
duty. Employees who have been selected to jury duty must complete proper PLANT
forms and return them to their supervision each week of jury duty service.


 


20

















 


Section (c)
Reporting Pay and Call - In Pay


 


(1)           An Employee who reports for scheduled
work, without prior notification not to report, shall be retained for the
half-day period and given such useful work as may be at hand at the Employee’s
regular rate. If the Employee is offered and does not accept substitute work,
the Employee will be paid only for the time spent at the PLANT until such work
is offered. This provision does not apply to cases where work is not available
for reasons beyond the EMPLOYER’s control, such as power failure, fire, or
serious mechanical difficulties affecting an entire area, or in cases where
Employees return to work following unexcused absences without notifying their
supervision. Disability pay shall not be paid during periods of PLANT shutdown
beyond the EMPLOYER’s control.


 


(2)           An Employee who is called in and
reports for work between regular shifts with less than eight (8) hours
notice shall receive a call-in allowance of two (2) hours pay at the
Employee’s regular rate, in addition to any other pay to which may be entitled.


 


Section (d)
Military Duty


 


Employees required
to perform military service will receive compensation, rights and benefits per
the Remington Military Leave Policy, as amended from time to time by the
EMPLOYER.


 


Article VII
– Joint Labor – Management Communication Committee


 


The parties
recognize that the prosperity and efficiency of the PLANT are dependent upon
their ability to work cooperatively. In order to further implement this
expression of purpose, Joint Labor-Management Communication Committee shall be
established at the PLANT. The UNION representation on this committee shall be the
Local Union Executive Board. The EMPLOYER shall designate its representatives
to the Committee. Neither party shall have more than six (6) representatives on
the Committee. The Committee shall meet at mutually agreeable times, but no
less than once a month. The function of the Committee shall be to identify
problem areas, exchange information and to seek to develop a good working
relationship within the PLANT. Representatives from the UNION or the EMPLOYER
may suggest areas of special concern or interest as topics of discussion during
these Committee meetings, as long as they are consistent with the purpose of
this Committee and the provisions of this Agreement.


21














 


Article VIII – Health and
Safety


 


Section (a) Right to a
Safe Working place


 


Every Employee covered by this
Agreement is entitled to a safe and healthful place to work, and the parties
jointly pledge their individual and joint efforts to attain and maintain this
objective. Recognizing that the health and safety of the Employees covered by
this Agreement are one of the highest priorities of the parties, the EMPLOYER
and UNION will continue to cooperate to reach the objective of eliminating
accidents and health hazards, and will encourage Employees to use the
procedures stated herein to reach that objective.


 


Section (b) Health and
Safety Committee


 


(1)           At the PLANT there shall be a Health and Safety Committee
made up of nine (9) UNION members employed at the PLANT who are qualified
by experience or training and selected by the Local Union. The Local Union
shall inform the EMPLOYER of the names of the Committee members. Committee
members shall be deemed to be acting within the scope of their employment at
the PLANT within the meaning of the applicable workers’ compensation law, while
in the performance of their duties as outlined within this Agreement. The
Health and Safety Committee shall select, from among its members, a Chairman
who shall coordinate the activities and functions of the Committee and who will
serve as their representative on the Central Safety Committee and the joint
Labor-Management Communications Committee.


 


(2)           A member of the Health and Safety Committee, assigned by
the Committee Chairman, may participate with Management in the existing
inspection program and scheduled Serious Potential Incident meetings.


 


(3)           Employees should first report health and safety complaints
or conditions to their immediate supervision. Members of the Health and Safety
Committee will make every effort to ensure that the Employee has first brought the
complaint to the attention of their immediate supervision before presentation
to the Plant Safety Supervisor. Upon presentation of alleged health and safety
complaints or conditions by the Chairman of the Health and Safety Committee or
his designee to the Safety Supervisor, the UNION and the Safety Supervisor will
schedule a joint investigation of the complaint or condition.


 


Management will notify the
Chairman of the Health and Safety Committee or his designee of a complaint or
accident as soon as practicable, using its best efforts to do so. The Chairman
of the Health and Safety Committee or his designee shall be given a copy of any
incident report generated as a result of an injury to an Employee. A member of
the Health and Safety Committee shall participate with the Safety Supervisor in
the initial


 


22

















 


formal safety investigation if the Safety
Supervisor determines that an investigation is necessary.


 


(4)           PLANT Management and up to three (3) members of the
Health and Safety Committee shall meet regularly at times arranged by the
parties for the purpose of discussing health and safety matters. Meetings shall
be held on a monthly basis or more frequently if needed. No more than three (3) members
of the Health and Safety Committee shall be compensated, at their regular rate
of pay, by the EMPLOYER for any lost time spent in these meetings.


 


(5)           A member of the Health and Safety Committee, and an
authorized representative of the International Union, shall be allowed to accompany
a representative of any State or Federal agency regarding health and safety on
an inspection of the PLANT.


 


(6)           A member of the Health and Safety Committee, assigned by
the Health and Safety Committee Chairman, shall be invited to attend Serious
Potential Incident meetings, Joint Complaint Investigations and other scheduled
safety sub-committee meetings. Time spent performing the above recognized Committee
activities will be compensated at his regular rate of pay, by the EMPLOYER, if
performed during the member’s regularly scheduled work hours. Off shift
employees will be scheduled to attend safety meetings as part of their
regularly scheduled work hours.


 


(7)           The UNION and the EMPLOYER agree that, prior to requesting
intervention from a federal or state agency on any matter relating to employee
health and safety, the UNION will present the issue to the EMPLOYER, which will
then be given a reasonable period of time within which to respond. Only after
receipt of the EMPLOYER’s response, or the EMPLOYER’s failure to respond, will
the UNION seek such outside intervention.


 


(8)           The Safety Supervisor shall each month provide the Health
and Safety Committee with two copies of a list of all (i) first aid
treatment cases and (ii) accidents reported to OSHA, which shall include,
but not limited to the OSHA 200 log. Such report will reflect the nature of the
injury and the location of the accident.


 


(9)           The Health and Safety Committee shall attend annual Health
and Safety Training of up to five (5) working days as agreed to by the
UMWA International Union and the EMPLOYER. The training will be designed to
improve Health and Safety knowledge skills. Committee members attending and
participating in such training shall be paid at their regular rate of pay for
lost working time by the EMPLOYER for attendance at the training.


 


23

















 


Section (c) Settlement
of Health or Safety Disputes


 


When a dispute arises at the
PLANT involving Health and Safety, an immediate, earnest and sincere effort
shall be made to resolve the matter. If the dispute is not resolved by the
Employee and his immediate supervisor, nor with the assistance of the Health
and Safety Committee, the dispute will be adjudicated through the grievance
procedure.


 


Section (d) Drug and
Alcohol Testing


 


(1)           During the Probationary Period, Employees shall be subject
to the Remington Drug Free Workplace Policy, as amended from time to time by
the EMPLOYER.


 


(2)           Employees shall be subject to the drug and alcohol testing
policy set forth in Appendix C.


 


Article IX – Seniority


 


Section (a) Definition
of Seniority


 


Seniority of Employees
employed in the bargaining unit shall be the Employee’s most recent date of
hire at the PLANT adjusted for any previous period of unbroken seniority
provided such seniority was not terminated in accordance with section (b) below.


 


Section (b) Termination of Seniority


 


Seniority shall be terminated
upon the Employee’s termination for just cause; voluntary resignation; transfer
to a job outside the bargaining unit, expiration of recall rights after
termination for lack of work; or failure to return to work as scheduled after
completion of a leave of absence agreed to by the PLANT or the failure to
return to work as return to work as scheduled. Employees who transfer to a job
outside of the bargaining unit will lose their seniority and in the event the
employee returns to the bargaining unit will be treated as a new employee.


 


24

















 


Section (c) Probationary
Period


 


During the first one hundred
twenty (120) calendar days of employment, a new Employee will be subject to
demotion, transfer, or termination by the PLANT and such action shall not be
subject to Articles X and XI of this Agreement After one hundred twenty (120)
days probationary period, the Employee’s seniority will be established in
accordance with the provisions of Section (a) of this Article. Any discipline
in the first 120 days will carry into the next sixty (60) days.


 


Section (d) Filling
Vacancies


 


When vacancies occur, they
will be filled in the following order:


 


(1)           To Employees qualified for the job, per provisions of the
Job Bidding and Posting Procedure.


 


(2)           To reasonably available former bargaining unit Employees
laid off due to reduction of force and on a panel and possessing the necessary
qualifications to step in and perform the work of the job at the time the job
is awarded.


 


(3)           To new applicants qualified to step in and perform the
work of the job.


 


If opportunities arise to bring products of
any type currently manufactured elsewhere to the Ilion facility, Management
reserves the right to permanently fill jobs associated with those products
without regard to the provisions of Article IX section (d), Filling
Vacancies, and such placements will not be subject to the Grievance Procedure
under Article X section (b). Any openings that occur after the first year
of production will be filled in accordance with the provisions of Article IX,
section (d). During the first year of production, employees placed under this
provision will not be subject to displacement under Article IX, section
(e), Reduction Realignment Procedure, unless a PLANT-wide excess creates a
reduction in force. This section does not apply to product designed and
developed to be produced at Ilion.


 


Section (e) Reduction
Realignment Procedure


 


In the event the EMPLOYER
determines that there is an “excess” of jobs within a job code in the
bargaining unit, representatives of the EMPLOYER shall notify the Local Union
and the parties will follow the process covered within this section. In all
cases where the work force is to be reduced, Employees with the greatest
seniority at the PLANT shall be retained provided that they have the required
qualifications (as would normally be posted) and the ability to perform the available
work. If at any time there is an excess within a training progression, those
Employees in level 03 of the training progression will be added to the excess
list and Employees on temporary assignments


 


25

















 


will be returned to their primary assignments
for purposes of regression. When an excess occurs in normal progression
positions, the least senior person in the progression will be excessed. Prior
to any excess process, all open jobs will be posted one cycle. Employees
considered excess will be given twenty four (24) hour written notice prior to
posting, if the business conditions indicate that the excess condition could
reverse within the next six (6) months, which may allow some or all of the
operators to return to their primary assignment, management may place the group
of employees on Temporary Assignments during that period. Realignments or
reductions of the work force shall be in accordance with the following
guidelines:


 


(1)           Once excess assignments are determined, if the Employees
in those assignments are not the lowest senior Employees, they will have the
option to replace the lowest senior Employees within the Department, level, job
code and shift.


 


(2)           Excessed employees will be given options, by seniority,
providing their choice does not result in a higher pay level:


 


(A)          Accept any open position and receive immediate bid rights
and retain preferential treatment or:


 


(B)           Bump the lowest seniority person in the PLANT in the same
pay level and shift. If Employee(s) cannot preserve pay level and
shift, or:


 


(C)           Bump the lowest seniority person in the PLANT in same pay
level or same shift. When neither (A) nor (B) is satisfied,
Employee(s) will be advised of their options to preserve (C), prior to
choosing shift or level.


 


(3)           When Employee(s) have no options in their pay level,
they will drop one (1) pay level at a time until their need is satisfied
maintaining their shift.


 


(4)           When an excess is declared, all open jobs will be posted
one cycle.


 


(5)           Bidding restrictions will be removed for excessed
Employees only. If an excessed employee is successful in bidding they will
receive immediate bid rights and retain preferential treatment.


 


(6)           In a bumping situation if shift and level are preserved,
the Employee will not have bid rights restored for six (6) months
following the date an excess offering was awarded.


 


(7)           For purposes of regression, all Employees within code 742
(Department Specialist) will return to code 741 (Machine Line Operator).


 


(8)           Employees transferring for any reason between production
and support departments will receive the second step of the pay level and will
progress depending on performance. If the Employee left the support department
within twenty-four (24)


 


26

















 


months and at the top of the rate of pay, the
Employee will return to the support department at the top rate of the job.


 


(9)           During
any excess resulting in a layoff, the Volunteer Leave of Absence (VOLA) procedure will
be followed as per current practice.


 


Section (f) Panel


 


Employees with seniority who
are laid off because of a reduction in the work force shall be placed on a
panel from which they shall be returned to employment on the basis of seniority
as outlined in Section (d)(2) of this Article.


 


Section (g) Panel
Custodians


 


A designated representative
of the EMPLOYER and the Recording Secretary of the Local Union shall retain
panel records. It shall be the obligation of laid off Employees, with
seniority, to keep the custodians of the panel informed of any change of
address and/or phone number where they may be regularly reached. Notice to the
last known address of the laid-off Employee by certified mail shall be
sufficient notice of recall. The Employee so notified may either accept or
reject the job which is available; but if the Employee rejects a job which he
has the ability to perform, or fails to respond within five (5) working
days after receipt of such notice, or accepts but fails to report for work in a
reasonable amount of time, his name shall be removed from the panel and he
shall sacrifice his seniority rights at the PLANT.


 


Section (h) Panel
Members Accrue Seniority


 


Employees who are placed on
the panel shall retain the seniority earned prior to their layoff, and, in
order to protect their relative seniority standing, will continue to accrue
seniority while on the panel.


 


Section (i)  Right to be Recalled


 


(1)            Employees, with seniority, laid off for lack of work
shall retain their seniority for five (5) years. Employees laid-off for
lack of work may exercise their seniority in accordance with the provisions of
this Article.


 


(2)            Any person on the panel list who secures other employment
during the period when no work is available for him at the PLANT shall in no
way jeopardize his seniority rights while engaged in such other employment.
However, any person on the panel list who secures other employment and does not
return to work when there is


 


27

















 


available employment at the PLANT, shall
sacrifice his seniority rights at the PLANT and shall have his name removed
from the panel list.


 


Section (j) Recall of
Persons on Layoff Status


 


When a job at the PLANT exists that is not
filled by Employees within the active working force, the panel custodians will
review the list and the EMPLOYER shall recall the appropriate person from the panel
list to the job to be filled.


 


Section (k) Job Bidding
and Posting Procedure


 


(1)          Eligibility: Employees with one year
or more of service will be eligible to bid open jobs unless the employee is not
available to return to work within 30 work days from time of bid. All open jobs
will be posted at the appropriate pay level for the job title as listed in
Appendix B. The senior Employee, among those eligible bidders, with the
required posted qualifications and ability to perform the job will be awarded the
job. If an excess situation exists, and an excess Employee has less than one
year of service, the excessed Employee will be allowed to bid. If an employee
has been shift realigned, they will be able to bid for shift.


 


(2)          Job Progressions: All open jobs will
be posted at the level of the opening. If there is no successful bidder who
meets requirements stipulated, a training bid (when appropriate) will then be
offered at the training bid level (the training bid level is one step below the
normal entry level for the position). In the event of a training bid, some
minimal established requirements will be necessary to fill the opening. The
successful bidder of a training bid will then take the responsibility to get
education, etc. and demonstrate improvement in order to progress.


 


(3)           Posting
Procedure: Open jobs will be posted PLANT wide for three (3) working days.
Open jobs within a progression will be filled by qualified people in the
progression prior to posting. Each posting will include:


 


·              job
title


·              rate
level


·              shift


·              department


·              brief
description of the job


·              qualifications
and experience needed.


 


(4)           Bidding Procedure:


 


(A)          Open
jobs, not filled by normal progressions, will be posted PLANT wide. Any
Employee interested in the position must bid during


 


28

















 


the posting period. Skilled jobs will be awarded by seniority following
successful interviews and demonstrations of skills and abilities. With the
exception of skilled jobs, no job will be reposted waiving restrictions.
Skilled jobs may be reposted to provide for training bids when appropriate.
Training bids will be awarded by seniority upon successful demonstrations of
abilities and interviews. Any Employee restricted from bidding otherwise shall
be allowed to bid on training bid positions. Once the posting has been removed
from the boards the job posted cannot be withdrawn without agreement between
the UNION and the EMPLOYER.


 


(B)           If the Employee is
the senior qualified bidder, meets qualification and medical requirements to
more than one job at a given time, the Employee will be given 24 hours from the
time notified to select which bid to accept. The Employee will also have the
option of rejecting any or all successful bids during that 24 hour period.


 


(C)           Successful bidders
will be moved to the new assignment within 20 production days following the
award of the bid, unless an extension of time is agreed upon by both parties.
If the new job involves transferring to a higher level of pay, and an extension
beyond 20 production days is required, the Employee will receive the higher
level of pay, at one step above crossover, beginning on the twenty-first day.
Employees transferring, for any reason, between Production and Support
Departments will receive the second step of the pay level and will progress
depending on performance.


 


(D)          Preferential
treatment shall be awarded to Employees who were “excessed” from a job back to
the same primary assignment he/she was “excessed” or “bumped” from, for a
period of 24 months from the date of the “excess”, provided the Employee has
not successfully bid to another job opening in this 24 month period.


 


(E)           If there are no
qualified bidders (including Employees entitled to preferential treatment) or
other bargaining unit personnel in need of a permanent assignment, the job may
be filled by posting a training bid (if applicable) or by a qualified person
from the layoff panel. If there are no qualified persons on the panel list, the
job may be filled by hiring a new Employee.


 


(F)           Employees will be
restricted to one (1) bid per 24 month period throughout the term of this
Agreement.


 


(G)           Training of
Employees shall take place on their normal shift, unless such training is not
reasonably available on that shift.


 


29

















 


(5)       Training: Appropriate training periods
for successful bidders, excessed placements, new hires, and all other transfers
should not exceed the following:


 


·                       Three (3) weeks for
level three (3) jobs.


·                       Level four (4), level five (5) and
level six (6) jobs will allow for reasonable amounts of training
appropriate for the specific assignment.


·                       Training time for job moves
will be determined by management based on the complexity of the assignment and
the training required to operate the job safely.


 


Employees who are unable to satisfactorily
perform jobs after the appropriate amount of training will, at the discretion
of management, be declared non-performers and will be placed according to the
Non-Performance section of this Agreement.


 


(6)       Non-Performance: An Employee, not capable
of performing all the requirements and duties of a job, will be placed by the
Employment Office to an open job. This procedure will be available two (2) times
per affected Employee during the duration of this Agreement upon the third time
the employee is not capable of performing all the requirements and duties of a
job, the employee will be discharged.


 


(7)       Medical Placement Procedure: Employees
with permanent medical impairments will be placed on jobs best suited for their
permanent work restrictions and which are equal to or less than their existing
rate of pay in accordance with the following procedure:


 


(A)          Permanent medical
impairment and work restrictions will be determined after consultation with the
Medical Department.


 


(B)           Employees with a
permanent medical impairment will be placed in the first job for which they
have the required skill and which meets their work restriction following the
sequence outlined in Article IX, Section (e)(2).


 


Employees displaced by this process will also be handled in accordance
with the same provisions as outlined in Article IX, Section (e)(2).


 


(C)           This procedure does
not apply to Employees who are temporarily impaired.


 


(D)          Once employed, an
Employee cannot be terminated or refused recall from the panel for medical
reasons over his objection without the concurrence of a majority of a group
composed of an EMPLOYER approved physician, an Employee-approved physician, and
a neutral qualified third party (if necessary), that there is a permanent
medical condition or physical restriction which prevents the Employee from
performing an established job, within the bargaining unit, which their


 


30

















 


seniority would entitle them to hold. Each party shall bear the cost of
examination by the physician it designates and shall share equally the cost of
examination by the qualified third party. Where the EMPLOYER challenges the
physical ability of an Employee or panel member to perform his regular work and
is subsequently proven wrong, the Employee shall be compensated for time lost
due to the EMPLOYER’s challenge.


 


Section (l) Temporary Assignments


 


It is understood that to
meet production needs operators may be moved to other assignments within their
Area Manager’s area.


 


All primary assignments in an area may not
have full time operators assigned. Assignments requiring less than a full time
person every day or is not operated on a full time basis will be covered by the
flexibility of the operators in the area.


 


Additionally flexibility in
the area will be used to cover for absences, short term bottlenecks, short term
fluctuations in the schedule and back filling for cross training. The parties
recognize that there are instances where such assignments are necessary, and
agree that temporary assignments may be made under the following guidelines:


 


Only if the reassignment is
outside the Area Manager’s area will it be considered a temporary assignment.


 


(1)           The
temporary assigning of an individual Employee shall not exceed one hundred eight 180 working days in a
rolling 12 month period.


 


(2)           Employees
filling temporary assignments shall be compensated at the higher of the two
rates involved (the regular rate of his normal job or the regular rate of his
temporary assignment).


 


(3)           Notification of temporary assignments of more than 10
consecutive work days duration will be made to the Chairman of the Grievance
Committee.


 


(4)           All regular full time job openings that are determined to
be greater than six (6) months in duration will be posted according to the
provisions of the Job Bidding and Posting Procedure unless mutually agreed to
by the EMPLOYER and the UNION.


 


(5)           DCSI
or its replacement will be the official record keeping system for tracking of
temporary moves. The Grievance Committee Chairman will have access to this
information when requested.


 


31














 


Section (m) Separation
Pay


 


(1)           The receipt of separation of pay provided under this Article is
conditioned upon the separation of an Employee from the active workforce
employment rolls as laid-off due to lack of work during the term of this
Agreement.


 


(2)           An Employee who has one (1) year or more of service
shall be paid separation pay each time he is terminated because of lack of
work, except that such pay will not be paid when:


 


(A)          He accepts, before
his separation becomes effective, a job at any REMINGTON ARMS COMPANY, INC’s
location;


 


(B)           He is pensioned;


 


(C)           He resigns his
employment;


 


(D)          He is scheduled off
from work temporarily due to curtailment or cessation of operation caused by;


 


i.              Fire, flood, power
failure, transportation difficulties, material shortages, and the like; or


 


ii.             Any emergency
condition beyond the direct control of the EMPLOYER. When an Employee is
“scheduled off” for such reason for a definite or indefinite temporary period,
he shall not be considered as terminated for the purpose of this Article; or


 


(E)           A buyer or recipient
of Remington assets offers an Employee continued employment.


 


(3)           The PLANT may elect
to pay separation pay in a lump sum or weekly installments.


 


(4)           Separation pay, if being paid in weekly installments,
shall be discontinued when a former Employee is re-employed at any REMINGTON
ARMS COMPANY, INC’s plant, or is offered and refuses re-employment at the Ilion
Plant.


 


(5)           The amount of an Employee’s separation pay, subject to the
foregoing provisions in this Article, shall be:


 


(A)          One (1) week’s
pay for each of the first four (4) years of service, plus,


 


32

















 


(B)           One (1) week’s
pay for each year of service over four (4) reduced by the amount of any
separation pay previously paid at any REMINGTON ARMS COMPANY, INC’s location
for service after December 1, 1993 over four (4) years. However, this
reduction shall be reduced in monthly increments to zero over a forty-eight
(48) month period of re-employment from last termination for lack of work.


 


A fractional part of a year, after his first year of service, shall be
computed at the rate of one-twelfth (1/12) of one (1) week’s pay for each
month of service. In such computation, if, in addition to full months of service
an Employee has accrued fifteen (15) or more days on the date he is terminated,
he shall be credited with a full month.


 


For separation pay purposes, a week’s pay shall be the Employee’s
current “straight-time” rate per hour multiplied by the number of hours, not to
exceed forty (40) hours, constituting his normal weekly hours of work at the
time of his termination.


 


(C)           Any other provisions
of the Article to the contrary notwithstanding, separation pay shall never
exceed twenty (20) weeks.


 


(6)           An employee who has received separation pay shall not be
required to return any portion of such pay to the PLANT in the event he is
reemployed.


 


(7)           Separation pay shall be in addition to any vacation
allowance and any employment compensation benefits to which the Employee may be
entitled.


 


(8)           Nothing contained in the Article shall be deemed to
qualify, limit or alter in any way the PLANT’s rights to reduce hours of work
to avoid terminations because of lack of work.


 


(9)           Wherever the term “service” is used in this Article, it
shall mean the total length of time an Employee has been actively employed by
the PLANT.


 


Article X – Settlement of
Disputes


 


Section (a) Grievance
Committee


 


(1)           A Grievance Committee consisting of fifteen (15) members
shall be elected by the members of the UNION employed at the PLANT. Each member
of the Committee shall be an Employee at the PLANT and shall be eligible to
serve as a Committee member only so long as he continues to be an Employee of
the PLANT who is not on layoff. The duties of the Grievance Committee shall be
confined to the adjustment of disputes arising out of this Agreement that the
PLANT and the Employee


 


33

















 


or Employees, with the assistance of the
Grievance Committee, fail to adjust. The Grievance Committee shall have the
authority on behalf of the grievants to settle or withdraw any grievance at
step 2 or proceed to step 3 of the grievance procedure.


 


(2)            The Grievance Committee shall have no other authority or
exercise any other control, except as outlined in this Agreement, nor shall the
Committee in any way interfere with the operation of the PLANT.


 


A Grievance Committee member
who violates this provision shall not be suspended or discharged for official
actions as a Committee member, but may be removed from the Committee by the
PLANT. If the PLANT seeks to remove a Committee member for violation of this
section, it shall so notify the affected Committee member and the other members
of the Committee. If the Committee objects to such removal, the matter shall be
submitted directly to arbitration. If the other members of the Committee so
determine, the affected member shall remain on the Committee until the case is
settled or decided by an arbitrator.


 


(3)           The Grievance Committee shall select a Chairman from among
its members to coordinate its activities and to sit as their representative on
the joint Labor-Management Communication Committee.


 


Section (b) Grievance
Procedure


 


Should differences arise
between the UNION and the PLANT as to the meaning and application of the
provisions of this Agreement, an earnest effort shall be made to settle such
differences at the earliest practicable time. If differences arise about
matters not specifically mentioned in this Agreement, those matters are to be
referred to the Joint Labor-Management Communication Committee set forth in Article VII
and are not subject to grievance/arbitration provisions found in Article X
of this Agreement. At all steps of the complaint and grievance procedure, the
grievant and the UNION representatives shall disclose to the PLANT
representatives a full statement of the facts and provisions of the Agreement
relied upon by them. In the same manner, the PLANT representatives shall
disclose all the facts relied upon by it. The grievant shall have the right to
be present at each step of the grievance procedure until such time as all
evidence is taken. Disputes that remain unresolved despite such effort shall be
resolved as follows:


 


(1)           Step 1 – The Employee will make his complaint to his
immediate Supervisor who shall have the authority to settle the dispute. The
Employee shall make the complaint within ten (10) working days of when he
first knew or should have known of the complaint. Where an Employee makes a
complaint during work time, the Supervisor shall, if possible without
interrupting production, discuss the matter briefly on the spot. The Employee
shall be entitled, at his request, to have a member of the Grievance Committee
present to assist him at any discussion with his supervisor. If the PLANT so
chooses, the supervisor shall be entitled to have another representative of the
PLANT in attendance. The Employee’s immediate supervisor will notify the
Employee


 


34

















 


of his decision by the end of the Employee’s
second regular scheduled shift following the complaint. Settlements or
withdrawals at this step shall not constitute a precedent in the handling of
other grievances.


 


(2)           Step
2 – If no agreement is reached between the Employee and his supervisor, the
complaint will be reduced to writing and shall be submitted on the Standard
Grievance form and shall be taken up within five (5) working days of the
supervisor’s decision by no more than two (2) members of the Grievance
Committee and the President of the Local Union and the PLANT’s Step 2
representative(s). At the step 2 meeting the Grievance Committee and the PLANT
representative(s) will complete the standard grievance form and, if the
complaint is not settled, the grievance shall be referred to a representative
of the UMWA District and the PLANT’s representative(s) for step 3.


 


(3)           Step 3 – Within seven working days of the time the
grievance is referred to them, the District representative and the
representative(s) of the PLANT, who shall be different from the PLANT’s step 2
representative(s) shall meet and review the facts and pertinent contract
provisions in an effort to resolve the grievance. No more than three (3) members
of the Grievance Committee and the President of the Local Union and the PLANT’s
step 2 representative(s) shall have the right to be present. No verbatim
transcript of the testimony shall be taken nor shall either party be
represented by an attorney licensed to practice law in any jurisdiction in
steps 1 through 3 of the grievance procedure except by mutual agreement
applicable to a particular case.


 


(4)           Step
4 – In cases where the District representative and the representative(s) of the
PLANT fail to resolve the grievance at step 3, the matter shall, within 10
working days after referral to them, be referred to the appropriate arbitrator
who shall decide the case without delay. Cases shall be assigned to arbitrators
in the following manner:


 


(A)          The District
representative and the Company representative shall attempt to select an
arbitrator. In the event the parties do not agree on the selection of an
arbitrator, the District representative shall request from the Federal
Mediation and Conciliation Service (FMCS) three panels of seven (7) arbitrators
(including biographical sketches) by fax or mail with a copy of the request
provided to the Plant Human Resources Manager.


 


(B)           Within ten (10) working
days after receipt of the three panels of arbitrators from FMCS, the parties
shall alternately strike names of the seven arbitrators on each panel so as to
end up with a single name from each panel. The parties shall alternate the
right of first strike.


 


(C)           The parties shall
then jointly contact each of the three (3) arbitrators so selected to
determine who among these three who has the earliest available date to hear the
case within two weeks to sixty days, and the case then shall be scheduled by
FMCS


 


35

















 


with the arbitrator who has the earliest available date.


 


(D)          Both the PLANT and
the UNION shall have the right to cross-examine all witnesses.


 


(E)           The arbitrator shall
render his decision as expeditiously as possible. Failure to do so within sixty
(60) days after the record is closed shall be reported to the FMCS.


 


(F)           The arbitrator shall
have no authority to change, add to or subtract from, or to modify any
provisions of this Agreement. The arbitrator shall make his decision based on
the provisions of the contract and the evidence before him.


 


(G)           The decision and or
award of the arbitrator shall be final and binding on both parties and
enforceable in a court of law.


 


(H)          Compensation and
expenses of the arbitrator and general expenses of the arbitration shall be
shared equally by the parties, except that each party shall bear the expenses
of its representatives and witnesses.


 


(I)            Hearings shall
take place at a location mutually agreed upon by the parties.


 


(J)            In cases in which
the parties have agreed that there is no question of fact involved in the grievance,
the arbitrator may decide the case upon the basis of a joint statement of the
parties and such exhibits as they shall submit.


 


(K)          The hearing shall be
recorded by the arbitrator and shall be closed upon the completion of
testimony, except for the purpose of filing post-hearing briefs (copies of
which will be provided to all parties). The arbitrator shall render his
decision as soon after the close of the hearing as may be feasible. If the
arbitrator is unable to make his decision within 60 days of the close of the
hearing, he shall promptly advise the parties of the reasons for the delay and
the date when his decision will be submitted. Either party may make an official
transcript of the hearing. A copy of such transcript shall be provided to the other
party at no charge.


 


(L)           In cases involving
compensation, in no event may the arbitrator award compensation for more than
ten (10) working days prior to the date the grievant(s) knew or
should have known of the complaint.


 


36

















 


Section (c) Finality
of Decision or Settlement


 


Settlements reached at any
step of the grievance procedure shall be final and binding on both parties and
shall not be subject to further proceedings under this Article except by
mutual agreement. Settlements reached at steps 2 and 3 shall be in writing and
signed by appropriate representatives of the UNION and the PLANT.


 


Section (d) Waiver
of Time Limits


 


By agreement the parties may
waive the time limits set forth in each step of the grievance procedure. Absent
a mutual agreement, if the PLANT’s answer is not appealed (i) within
fifteen (15) calendar days of the EMPLOYER’s response in Step 2, or (ii) within
twenty (20) calendar days of the EMPLOYER’s response in Step 3, then the answer
made by the PLANT at that step shall be final.


 


Article XI
– Discipline and Discharge


 


Section (a) Just
Cause Required


 


No Employee covered by this
Agreement may be disciplined or discharged except for just cause. The burden
shall be on the EMPLOYER to establish grounds for discipline or discharge in
all proceedings under this Article. In no event, will the EMPLOYER initiate any
form of discipline, beyond ten (10) working days of the time it knew, or
should have known of the infraction, or against an Employee without a member of
the Grievance Committee present, if the Employee requests UNION representation.


 


Section (b) Procedure


 


Where the EMPLOYER concludes
that the conduct of an Employee justifies discharge, the Employee shall be
suspended with the intent to discharge and shall be given written notice
stating the reason, with a copy to be furnished to the Grievance Committee.
After 24 hours, but within 48 hours, the  Employee shall be afforded the
right to meet with the PLANT’s Step 3 representative(s). At such meeting, no
more than three (3) members of the Grievance Committee and the President
of the Local Union shall be present and, if requested by the Employee or the
Grievance Committee, a representative of the District shall also be present.
Upon request by the Employee, the Grievance Committee, or the District
representative, the forty-eight hour time limit will be extended by an
additional 48 hours. The EMPLOYER shall be entitled to have an equal number of
representatives at the meeting. Full disclosure of all information relied upon
by the parties shall be provided at the 24/48 hour meeting.


 


37

















 


Section (c) Suspension


 


If within 24 hours after the
conclusion of the 24/48 hour meeting, the EMPLOYER informs the Employee and the
Grievance Committee that it still intends to discharge the Employee (or if no
meeting was requested) the Employee shall have five (5) working days to
file the grievance. If the Employee does not file a grievance within five (5) working
days of the notice of suspension with intent to discharge, the discharge shall
become effective immediately. Grievances involving discharge shall bypass steps
1 through 3 and shall proceed directly to step 4 of the grievance procedure.


 


Section (d) Compensation
for Lost Earnings


 


In all arbitration cases
where it is determined that just cause for discharge has not been established,
the Employee shall be reinstated and compensated for lost earnings at his
applicable regular rates and any regularly scheduled mandatory overtime prior
to discharge less monies earned during the back pay period. Nothing in this
section shall be construed to, in any way, limit the arbitrator’s right to
modify or mitigate the penalty of discharge.


 


Section (e) Removal of
Employee Disciplinary Records


 


All records of Employee
discipline issued during the term of this Agreement may be used as the basis
for subsequent progressive disciplinary action no later than fifteen (15)
months following the date of issuance and shall not be used in subsequent
disciplinary action against the Employee. However, all records of Employee
discipline only shall remain in an Employee’s file in Human Resources.


 


Article XII – Benefits and
Practices


 


Section (a) Eligibility


 


Employees, except as set forth
below, shall be entitled to participate in the following benefit plans and
practices of the EMPLOYER.


 


Section (b) Benefits of
Choice


 


·                  Remington Arms Company, Inc. Pension and
Retirement Plan


·                  Remington Savings and Investment Plan


·                  Remington Arms Company Welfare Plan


·                  The Remington Medical Plan


 


38

















 


·                  The Remington Dental Plan


·                  Vision Care


·                  Employee Life Insurance


·                  Optional Life Insurance


·                  Dependent Optional Life Insurance


·                  Long Term Disability Insurance


·                  Accidental Death &  Dismemberment


·                  Flexible Spending Accounts


·                  Employee Assistance Program


 


The specifications for the
structure of the benefit arrangements are set out in Appendix D and are
incorporated herein as though fully stated in this Article XII.


 


Section (c) Length of
Service


 


With the exception of the Remington Arms
Company, Inc. Pension and Retirement Plan as provided below, a Current
Employee on the old Remington payroll on November 30, 1993 and hired on
the new Remington payroll on December 1, 1993 shall have his length of
service at DuPont recognized for consideration of the benefits and practices
set forth in Sections (b) and (d) herein.


 


Section (d) Practices


 


Service Recognition Plan


 


Section (e) Administrative
and Design Matters and Uniformity


 


The EMPLOYER (or appropriate fiduciary of the
applicable plan) in its sole and exclusive discretion, may modify the benefits
(consistent with the terms set forth in Appendix D), change the administrator,
add or delete investment options offered to participants and beneficiaries,
change funding vehicles, investment advisers and managers, and service
providers and/or (without any limitation arising from the foregoing
enumeration) make any other changes as it determines in its sole and exclusive
discretion provided that any such amendment, modification, change or
termination shall apply equally to employees and non-unit employees unless
otherwise agreed to by the UNION and the EMPLOYER.


 


39

















 


Article XIII
– Miscellaneous


 


Section (a) Pay Day


 


All Employees will be paid
on a weekly basis. Payment shall be made by check, or by Direct Deposit if
elected by the employee, with recognition for legitimate deductions. The
Employee shall receive, with his pay, a plain statement itemizing the number of
hours worked during the pay period and setting forth straight time, overtime
and premium time hours worked during the pay period. The statement shall also
itemize all payroll deductions.


 


Section (b) Bulletin Boards


 


The PLANT will provide and maintain bulletin
boards at mutually agreeable locations for exclusive use by the UNION on which
the UNION may post notices. Such notices shall not be offensive in nature to
any individual or group of persons. Such notices shall show a removal date and
shall be delivered to the Human Resources Manager or their designee prior to
posting. An Employee designated by the President of the Local Union to post
notices only will be compensated by the EMPLOYER for time spent posting notices
on bulletin boards for up to two (2) hours per posting no more than twelve
(12) postings per month on the first (1st) shift or as otherwise agreed upon by the Local
Union and the Human Resources Manager.


 


Section (c) Safety
Shoes


 


Each
calendar year of this Agreement’s term, the PLANT will provide each Employee
the option of electing either (i) an allowance per current practice up to
$125.00 for the purchase of safety shoes, or (ii) a cash allowance of
seventy five dollars ($75.00).


 


Employees may purchase shoes
from the “Shoe Truck” Program or from an authorized dealer(s) in this
area.


 


Section (d) Eye
Examinations


 


Each Employee requiring an
eye examination within an eighteen (18) month time period, upon presenting a
paid receipt to the Plant Medical Department, will be reimbursed for the
expense of such examination up to a maximum of $50, but in no case is the
reimbursement to exceed the cost of the examination. This section shall not
apply to any employee participating in the EMPLOYER’s vision care benefit plan.


 


40

















 


Section (e) Disability
Accommodation


 


This Agreement shall not
prevent the PLANT from making a reasonable accommodation of disabled persons as
required by state and/or federal law, including the Americans With Disabilities
Act. In the event a proposed accommodation would conflict with an express
provision of this Agreement, the parties, at either’s request, shall meet to
discuss the proposed accommodation. Nothing in this section shall require the
UNION to agree to modify terms of this Agreement or to waive seniority rights
under this Agreement. In the event the PLANT and the UNION, in settling a
grievance or litigation would agree, or a court or arbitrator would order that
the PLANT make an accommodation that otherwise conflicts with the terms of this
Agreement, that accommodation shall supersede such conflicting terms of this
Agreement. The parties agree that any accommodation made by the PLANT with
respect to job duties or any other term or condition of employment made
pursuant to settlement of a grievance or litigation (whether formal or
informal), or arbitral or court order, shall not, in any way, become applicable
to any other individual, class, or group of Employees but shall apply only to
the person or persons accommodated in the particular situation. The fact that
such person(s) was accommodated, the manner and method of such
accommodation shall be without precedent and therefore may not be used or
relied upon by any person for that purpose at any time in the future.


 


Section (f) Medical
Appointments


 


Employees shall make every
attempt to schedule medical appointments during non-working time. With prior
approval, Employees will be excused from work and paid for up to four (4) hours
up to twelve (12) times per calendar year for the Employee to report for a
medical appointment during work hours. Such medical appointments must be for
diagnosis, follow-up to a recent problem or diagnostic testing. Dental
appointments will be covered only for tooth extractions and root canals.
Routine visits are not covered by this procedure and must be scheduled during
non-working hours. Where that is not possible, the supervisor may excuse the
employee without pay. The EMPLOYER reserves the right to deny the granting of
time off for a medical appointment. Employees are required to provide
verification from a licensed healthcare provider of the medical appointment,
including the time of the appointment and the time the employee arrived and
left the appointment.


 


Article XIV
– No Strike or Lockout


 


Section (a) UNION Not
to Strike


 


Under no circumstances will the UNION or
Employees participate in, instigate, cause, or encourage, any strike during the
term of this Agreement, including economic,


 


41














 


unfair labor practice strikes, sympathy
strikes, jurisdictional strikes, slowdown, walkout, sit-down, mass absenteeism,
retarding of work or boycott or work stoppages.


 


Section (b) UNION to Halt Breach


 


In the event of a breach of Section (a), the UNION shall use
reasonable means to end the breach, including advising the involved Employees
that their conduct may be in violation of the Agreement, and if it is they may
be disciplined up to and including discharge, and that they should immediately
cease the offending conduct.


 


Section (c) Discipline for Breach


 


The PLANT has the right to
discipline, up to and including discharge, any Employee who violates this Article and
such discipline shall be deemed to be for good cause. Any such discipline or
discharge under this Section shall be subject to the grievance procedure.


 


Section (d) No
Lockout


 


The PLANT agrees not to
lockout the Employees during the term of this Agreement.


 


Article XV
— Maintain Integrity of the Contract and Resort to Courts


 


The UMWA and the EMPLOYER agree and affirm that, except as provided
herein, they will maintain the integrity of this contract and that all disputes
which are not settled by agreement shall be settled by the machinery provided
in the “Settlement of Disputes” Article of this Agreement. Nothing in this
provision, however, is intended to diminish any individual rights an Employee
might enjoy by law. In addition, the EMPLOYER expressly authorizes the UNION to
seek judicial relief, without exhausting the grievance machinery, in cases
involving successorship.


 


Article XVI — Modification and Severability
Clause


 


Section (a)
Modification


 


If during the life of this Agreement there shall be in existence any
applicable law, rule, regulation or order issued by Governmental authority, which
shall be inconsistent with any provision of this Agreement, the parties will
meet to modify such provision to the extent necessary to comply with such law,
rule, regulation or order.


 


42

















 


Section (b) Severability


 


In the event that any provision of this Agreement shall at any time be
declared invalid by any court of competent jurisdiction, such decision shall
not invalidate the entire Agreement, it being the express intention of the
parties hereto that all other provisions not so declared invalid shall remain
in full force and effect.


 


Article XVII
- Ratification and Termination of this Agreement


 


This Agreement shall become
effective at 12:01 am on the day following notification to the Remington Arms Co., Inc.,
by the International Union, United Mine Workers of America, that this Agreement
has been ratified and approved by the membership covered hereby.


 


This Agreement shall not be
subject to termination by either party signatory hereto prior to 12:01 a.m.
October 28, 2012, provided, however, that either the party the first part
or the party of the second part may terminate this Agreement on or after 12:01 a.m.
October 28, 2012, by giving at least sixty days written notice to the
other party of such desired termination date.


 


IN WITNESS WHEREOF, each of
the parties signatory hereto has caused this Agreement to be signed, effective
this 27th day of October 2007, the Agreement having been ratified and
approved by the membership covered hereby on October 26, 2007.


 


 


	
  On
  Behalf of:

  	
   

  
	
  UNITED
  MINE WORKERS OF AMERICA

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  By:

  	
  /s/ Edward D.
  Yankovich Jr.

  	
   

  
	
   

  	
  Edward D. Yankovich Jr.

  	
   

  
	
   

  	
  International
  District 2 Vice President

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  On Behalf of:

  	
   

  
	
  LOCAL UNION 717

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  By:

  	
  /s/ Stu Kennedy

  	
   

  
	
   

  	
  Stu Kennedy

  	
   

  
	
   

  	
  President

  	
   

  



 


43

















 


	
  On Behalf of:

  	
   

  
	
  REMINGTON ARMS COMPANY,
  INC.

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  By:

  	
  /s/ Joseph B.
  Gross

  	
   

  
	
   

  	
  Joseph B. Gross

  	
   

  
	
   

  	
  Plant Manager

  	
   

  



 


44

















 


SHORT TERM DISABILITY PAY
PLAN


 


The Short term Disability
Pay Plan for Ilion hourly Employees shall be amended as of the effective date
of this Agreement to read as follows:


 


Disability Pay


 


All Employees will be
entitled to participate in the Company’s Short Term Disability Plan as outlined
in the Health and Welfare Summary Plan Description, starting on the Employee’s
first calendar day of disability. The pay structure will be as follows:


 


	
  Duration Per Occurrence

  	
   

  	
  Percentage of regular rate of pay*

  	
   

  
	
  First calendar day

  	
   

  	
  0

  	
  %

  
	
  Consecutive Days 2 through
  9

  	
   

  	
  50

  	
  %

  
	
  Consecutive Days 10
  through 180

  	
   

  	
  100

  	
  %

  



 


*Or
awarded State Workers Compensation, whichever is higher.


 


All Employees will be
expected to see a doctor on the second calendar day of illness and must report
to the Plant Medical Department on any absence which extends to the third day.


 


To receive disability pay,
an Employee must submit medical documentation explaining and confirming: (1) the
date the Employee became disabled, (2) the medical reasons why the
Employee is unable to work, (3) the cause of the disability, if known, and
(4) the nature, severity and expected duration of the disability. The
EMPLOYER, at its expense, may require an examination by a second health care
provider designated by the EMPLOYER. If the second health care provider’s
opinion conflicts with the medical documentation submitted by the Employee, the
EMPLOYER, at its expense, may require a neutral qualified third party to
conduct an examination and provide a final and binding opinion. If an Employee
fails to provide the medical documentation required under this provision, or
fails to submit to the examinations specified herein, the Employee’s claim for
disability pay may be denied.


 


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