**EXHIBIT 10.7**

**COLLECTIVE BARGAINING**

**AGREEMENT**

 

# **BETWEEN**

 

**INTERNATIONAL WINDOW**

**ARIZONA,INC.**

 

**AND**

 

**INDUSTRIAL CARPENTERS**

**LOCALUNION NO. 2093**

 

# **EFFECTIVE**

**June 5,2005 – June 7, 2009**

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**TABLE OFCONTENTS**
|                       | ** ** | ** **                            | ** ** | **PAGE** | ** ** |
|-----------------------|------------|---------------------------------------|------------|----------|------------|
| ** **            | ** ** | ** **                            | ** ** |
| ARTICLE 1             |       | PURPOSE                               |       | 4        |
| ARTICLE 2             |       | SAVINGS CLAUSE                        |       | 4        |
| ARTICLE 3             |       | EQUAL EMPLOYMENT OPPORTUNITY          |       | 4        |
| ARTICLE 4             |       | HEALTH AND SAFETY                     |       | 5        |
| ARTICLE 5             |       | MANAGEMENT RIGHTS                     |       | 5-6      |
| ARTICLE 6             |       | NO STRIKE – NO LOCKOUT           |       | 6        |
| ARTICLE 7             |       | PAY PERIODS                           |       | 6        |
| ARTICLE 8             |       | EMPLOYMENT & DISPATCH PROCEDURE   |       | 6        |
| ARTICLE 9             |       | CHECK-OFF                             |       | 7        |
| ARTICLE 10            |       | UNION LABEL                           |       | 7-8      |
| ARTICLE 11            |       | RIGHTS OF UNION REPRESENTATION        |       | 8        |
| ARTICLE 12            |       | SHOP STEWARDS                         |       | 8        |
| ARTICLE 13            |       | REGULAR WORK TIME                     |       | 8-9      |
| ARTICLE 14            |       | SHOW UP TIME                          |       | 9        |
| ARTICLE 15            |       | SHIFT PREMIUM                         |       | 9        |
| ARTICLE 16            |       | CLASSIFICATIONS AND RATES OF PAY      |       | 9-10     |
| ARTICLE 17            |       | OVERTIME PAY                          |       | 11-12    |
| ARTICLE 18            |       | SENIORITY                             |       | 12-14    |
| ARTICLE 19            |       | REQUEST FOR TRANSFER                  |       | 14       |
| ARTICLE 20            |       | GRIEVANCE & ARBITRATION PROCEDURE |       | 14-15    |
| ARTICLE 21            |       | SICK PAY                              |       | 15-16    |
| ARTICLE 22            |       | LEAVE OF ABSENCE                      |       | 16-17    |
| ARTICLE 23            |       | HOLIDAY PAY                           |       | 17       |
| ARTICLE 24            |       | PAID VACATIONS                        |       | 17-18    |
| ARTICLE 25            |       | FUNERAL PAY                           |       | 18-19    |
| ARTICLE 26            |       | HEALTH, WELFARE AND DENTAL BENEFITS   |       | 19-20    |
| ARTICLE 27            |       | EMPLOYEE RETIREMENT SAVINGS PROGRAM   |       | 20-21    |
| ARTICLE 28            |       | GENERAL PROVISIONS                    |       | 21       |
| ARTICLE 29            |       | SOLE AND ENTIRE AGREEMENT             |       | 21       |
| ARTICLE 30            |       | DURATION OF AGREEMENT                 |       | 22       |
|                  |       |                                  |       |     |
| EXHIBIT “A” |       | HOURLY WAGE SCHEDULE                  |       | 23-24    |
|                  |       |                                  |       |     |
| SIGNATURES            |       |                                  |       | 25       |
|                       |            |                                       |            |          |            |  |

 

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**A G R E EM E N T**

THISAGREEMENT is made and entered into this 21st day of July, 2005, and effective as of the 5th day of June, 2005 by and between INTERNATIONALWINDOW ARIZONA, INC. located at 2500 East Chambers Street, Phoenix, Arizona85040 hereinafter called the “Company” and the INDUSTRIAL CARPENTERS LOCALUNION NO. 2093, represented by SOUTHWEST REGIONAL COUNCIL OF CARPENTERS,hereinafter known as the “Union”.

Itis agreed between the parties signatory hereto, that the above mentioned Unionis and shall remain, as long as this Agreement is in force, the sole andexclusive bargaining representative of all persons working for the Company atthe location specified above.  Employeesworking as guards, office workers, salesmen and supervisory personnel areexcepted as defined by the Labor-Management Relations Act of 1947, as amended.

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**ARTICLE 1**

**PURPOSE**

The Company recognizes thatit cannot get along without labor any more than labor can get along without theCompany.  The Union and the Companyrecognize that the success of the business is vital to all concerned.  This requires that both the Company and theemployees work together to the end that quality and cost of the product willprove increasingly attractive to the customer so that the business will becontinually successful.

Both parties hold thatthe basic interest of the employer and the employees are the same; however, attimes employees and the Company may have different ideas on various mattersaffecting their relationship.  Both theCompany and the Union are convinced that there is no reason why differencescannot be peaceable and satisfactorily adjusted by sincere and patient efforton both sides.

This Agreement outlinesprovisions, which should aid in the attainment of these goals.

**ARTICLE2**

**SAVINGSCLAUSE**

In the event anyFederal, State or local law conflicts with any provisions of this Agreement,the provision or provisions so affected shall no longer be operative or bindingupon the parties, but the remaining portion of the Agreement shall continue infull force and effect.

**ARTICLE3**

**EQUALEMPLOYMENT OPPORTUNITY**

**Section****a)****                                         **Neitherthe Company or the Union shall discriminate against any employee because ofsuch employee’s race, color, religion, sex, national origin or age (to theextent prohibited by the age discrimination act only) or physical handicap (tothe extent they are able to perform the duties assigned).

**Section****b)****                                         **Allreference to employees in this Agreement designate both sexes and whenever themale gender is used, it shall be construed to include both male and femaleemployees, if applicable.

**Section****c)****                                         **Allgrievances alleging a violation of this Section shall be furnished to the otherparty n writing.  If no satisfactorysettlement is reached by Step 3 of the Grievance procedure, such grievanceshall not be subject to Step 4 (Arbitration) of the Grievance Procedure, butmay be the basis of a complaint before the federal or state agency, which hasjurisdiction over the subject matter.

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**ARTICLE 4**

**HEALTHAND SAFETY**

**Section****a)****                                         **Safety/ProductionReview Committee: The committee shall consist of two managers or supervisors,appointed by the Company and two factory employees, appointed by theeUnion.  This committee’s responsibilitieswill be to review the safety programs and production records of each departmentquarterly to help find ways to improve those areas.  The information will be provided tomanagement with the committee’s recommendations.  Management retains the right to determinesubjects or issues considered by the committee and which of the committee’srecommendations it will implement.

**Section****b)****                                         **TheCompany shall make reasonable provisions for the safety and health of itsemployees in the plant during their hours of employment.  The Company agrees that it will furnish andmaintain first aid equipment.  The Unionand its members will cooperate in maintaining sanitary conditions and in theuse of safety devices, making suggestions so as to improve the safety andhealth of the employees, and taking reasonable care of any safety materialprovided.

**Section****c)****                                         **Employeesinjured on the job will not suffer a loss of wages due to visits to the doctoror hospital for examination or treatment during working hours on the day of theinjury. Visits to a doctor or hospital after the day of injury shall be onnon-working time; provided, however, if an employee must see a specialistduring normal working hours, the Company shall provide time off with pay not toexceed an aggregate of three (3) hours.

**Section d)****                                         **Anemployee who is unable to perform the duties of his job because of injury orphysical handicap, may be placed in a different type of work and at a reducedrate of pay, by mutual agreement between the Company, the Union and theemployee.

**Section e)**                                          TheCompany reserves the right to send, at any time and at the Company’s expense,an employee to a recognized doctor, hospital or medical clinic to have theemployee examined or tested to insure that he is physically, mentally oremotionally capable of performing his job. All employees agree as a conditionof continued employment to abide by this procedure and authorize any medicalfacility so used to release the information obtained to the appropriate Companyrepresentative.

**ARTICLE 5**

**MANAGEMENTRIGHTS**

**Section a)**                                          Exceptto the extent expressly abridged by a specific provision of this Agreement, theCompany reserves and retains all of its rights to manage the business. Therights of management by way of illustration shall include its right todetermine prices of products; volume of production and methods of financing; todrop a product line; to establish or continue policies, practices andprocedures for the conduct of the business and to change or abolish suchpolicies, practices and procedures; the right to determine the number and typesof its operations, and methods, processes, and materials to be employed; todiscontinue processes or operations; to select and determine the number andtypes of employees required; to transfer, promote or demote employees, or tolayoff, terminate for just cause, or otherwise relieve employees from duty forlack of work or other legitimate reasons; and to make and enforce reasonablerules for

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the maintenance ofdiscipline.

**Section b)****                                         **Providedhowever, changes in existing rules and regulations, as well as new rules andregulations made by the Company, shall become effective five (5) regular workdays after copies thereof have been furnished to the Union and posted on thePlant bulletin board.

**Section c)**                                          Thelisting of specific management rights in this Section, shall not be consideredas limiting its rights to those listed but is for the purpose of illustration.

**ARTICLE 6**

**NO STRIKE- NO LOCKOUT**

During the term of thisAgreement, all disputes, grievances, complaints and adjustments pursuant tothis Agreement shall be settled in accordance with the Grievance andArbitration Procedure outlined in Article 20, and the Union agrees for itselfand its members that there shall be no strike of any kind, walk-out, sympathystrike, slowdown, picketing, stay-in or work-stoppage of any type, orinterference with production coercive or otherwise, or violation of thisAgreement. The Company agrees that there shall be no lock-out in violation ofthis Agreement on its part.

**ARTICLE 7**

**PAYPERIODS**

Employees shall be paidweekly. Employees shall be paid the full amount for wages due on each payday,except that in order to facilitate the handling of the payroll, the Companyshall be permitted to hold back not more than one (1) week’s pay between suchpaydays.

**ARTICLE 8**

**EMPLOYMENT& DISPATCH PROCEDURE**

The Company will notify the Union when they are hiringunit employees.

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**ARTICLE 9**

**CHECK-OFF**

For the convenience ofthe Union and its members, the Company, during the life of this Agreement andsubject to all provisions of this Section, shall deduct from the pay of thoseemployees in the bargaining unit who execute and assignment and authorizationin the form hereinafter provided, all union initiation fees and dues levied inaccordance with the Constitution and By-Laws of the Union. The Union shallindemnify the Company against any claims or loss arising out of the Company’sdeduction of dues or initiation fees not levied in accordance with theConstitution and By-Laws of the Union and the Union will make refunds direct toall employees for any such wrongful deductions.

**SAMPLEFORM**

Name

Effective of thisdate, I hereby assign to and authorize                              to pay to the Industrial Carpenters Local Union No. 2093 out of wages now due,or to become due me, all initiation and monthly membership dues owed by me tosaid Industrial Carpenters Local Union No.2093. This assignment andauthorization shall be irrevocable for the period of one (1) year, or until thetermination of the Collective Bargaining Agreement between            andthe Industrial Carpenters Local Union No. 2093, whichever occurs sooner, and Iagree and direct that this assignment and authorization shall be automaticallyrenewed, and shall be irrevocable for successive periods of one (1) year each,for the periods of each succeeding applicable Collective Bargaining Agreementbetween the Company and the Union, whichever shall be shorter, unless writtennotice is given by me either by registered mail or certified mail to theCompany and to the Union not more than twenty (20) days and not less than (10)days prior to the expiration of each period of one (1) year or each applicableCollective Bargaining Agreement between the Company and the Union, whicheveroccurs sooner.

**ARTICLE10**

**UNIONLABEL**

It is hereby understoodand agreed by the Company and the Union that an application shall be made forthe Union Label to the First General Vice- President of the United Brotherhoodof Carpenters and Joiners of America. If the application is approved, and theUnion Label is issued by the United Brotherhood of Carpenters and Joiners ofAmerica to be placed upon the Company’s products, it is understood and agreedthat the Label shall remain the property of the United Brotherhood ofCarpenters and Joiners of America, and shall be at all times in the possessionof a member of the United Brotherhood of Carpenters and Joiners of America andthat said Union Label shall at no time be used in any manner that will bedetrimental to the interest and welfare of the members of the UnitedBrotherhood, and upon evidence that said Union Label is being used in a mannerdetrimental and harmful to the members of the United

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Brotherhood of Carpentersand Joiners of America, then the use of said Label shall immediately bewithdrawn from the mill, shop, factory or manufacturing establishment of theCompany.

**ARTICLE11**

**RIGHTS OFUNION REPRESENTATIVES**

**Sectiona)**       An accredited representative of the Union, uponpresentation of his credentials to the Operations Manager, or his designatedrepresentatives, showing that he is such accredited representative, shall havereasonable access to the Company’s place of business on official businessduring working hours. Such representative will not unnecessarily interfere withthe work of the employees.

**Sectionb)**          The Company will provide space on bulletinboards for posting notices of Union business.

**ARTICLE12**

**SHOPSTEWARDS**

**Sectiona)****         **Shop Stewards shallhave reasonable time during the day to handle Union business.

**Sectionb)****         **Whenever possible,the Shop Steward shall be notified three (3) days prior to any general layoff.

**Sectionc)****         **The Shop Stewardwill be advised and/or present at the time any employee is disciplinedsuspended or discharged.

**Sectiond)****         **Shop Stewards willbe granted super seniority for layoff purposes only, if they are otherwisefully capable and able to perform the available work.

**Sectione)****         **If at any time itbecomes necessary to terminate a Shop Steward, the Company will notify and meetwith the Union Business Representative before taking such action. Such meetingwill occur within seventy-two (72) hours of the decision to terminate.

**ARTICLE13**

**REGULARWORK TIME**

**Sectiona)****         **Eight (8) hours shallconstitute a regular workday. Five (5) days shall constitute a regular workweekfrom Monday to Sunday inclusive.

**Sectionb)**          The Company shall notify the Union in writingof the time elected to start the regular workday. The regular workday shallcontinue uninterruptedly for eight (8) hours, except 

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for a meal period of at least one-half (1/2) hour.

 

**Sectionc)**          A ten (10) minute rest period will beprovided midway in the first half of the shift, and ten (10) minutes midway inthe second half of the shift. This shall be applicable to all shifts. Allemployees shall receive an additional rest period of ten (10) minutes beforeeach two (2) hours of scheduled overtime.

**Sectiond)**       This Article is intended to provide thedefinition of regular hours of work and shall not be construed as a guaranteeof hours of work per day or per week, or days of work per week.

**ARTICLE14**

**SHOW UPTIME**

**Sectiona)****         **Providing they areavailable at the regular starting time, employees ordered to work for whom nowork is provided shall receive a minimum of four (4) hours pay and if workedsix (6) hours or more, receive eight (8) hours pay. If any employee elects toleave his employment before the end of the shift, he shall be paid only for theactual time worked. Employees shall be considered as having been ordered towork if the supervisor or person in charge of operations fails to notify himnot to report at the end of the previous work day or shift.

**Section****b)****         **There will be no obligation for the Companyto pay the four (4) hours minimum referred to in this Article in the event offloods, fires, power failure or other occurrences beyond the Company’s control.

**ARTICLE15**

**SHIFTPREMIUM**

All employees regularlyassigned to the swing shift shall receive twenty-five cents ($0.25) per hour abovethe regular straight time hourly rate of pay for hours worked only.

**ARTICLE16**

**CLASSIFICATIONSAND RATES OF PAY**

**Sectiona)****         **On the effective dayof this Agreement each employee shall be classified in

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accordance with theclassification of the work he performs as set forth in Schedule “A” attachedhereto and made a part hereof.

**Sectionb)**       Should the Company undertake work operations forwhich such classifications as set forth in Schedule “A”, are not applicablethen classifications and minimum wage rates will be promptly established by theCompany and the Union advised of same. Should the Union” object to the classifications or rate assigned the newwork operation, it may, by written notice, seek relief under Grievance andArbitration Procedure, Article 20 of this Agreement.  Any change in classification or wage rate forthe new work operation as a result of review shall become effective as of thedate of receipt of the written notice.

**Sectionc)****         **Any employeereceiving more than the minimum rate for his or her classification shall not bereduced, except as the result of a demotion or a change in classification madein accordance with the seniority provisions of this Agreement herein after setforth or otherwise specified in the Agreement.

**Sectiond)****         **The Company may inaddition to the minimum wage rates set forth in this Agreement, award or reducemerit increases.  The granting orreduction of any future merit increases (granted after 6/1/99) shall not besubject to review under the Grievance and Arbitration Section of thisAgreement.  However, the Company willadvise the Union of any such change.

**Sectione)****         **Any employee hired,at a rate below the Classification Rate will be reviewed monthly and granted atwenty cent ($0.20) per hour increase until they reach the Classification Rate.

**Sectionf)**            An employee who is permanently promoted toa higher rated classification receives a twenty cent ($.20) per hour increaseat the time they assume the duties of the position, and shall receive a minimumof twenty cents ($.20) per hour increase the first Monday following the 1st of each month. The period of progression to the rate of the job will not exceed six (6)months, unless agreed to by the Company and the Union.

While in progression, theemployee will not be eligible to receive any general wage increase granted atthe renewal dates of the Agreement time periods above, see Section e andSection f, will be extended for the periods of absence if greater than three(3) days in a thirty (30) day period.

**Sectiong)**         There are certain duties or jobclassifications within each Grade. Individuals are not permanently assigned tosuch classifications or duties and they may be assigned to any suchclassification or series of duties on a daily, weekly or monthly basis.

**Sectionh)**         Effective 6/5/05 the subsistence pay for anovernight stay will be fifty dollars ($50.00) per night or seventy-five dollars($75.00) per night with the presentation of receipts verifying that up toseventy-five dollars ($75.00) was spent.

Effective 6/3/07 thesubsistence pay for an overnight stay will be sixty-five dollars ($65.00) pernight or eighty-five dollars ($85.00) per night with the presentation ofreceipts verifying that up to eighty-five dollars ($85.00) was spent.

**Sectioni)**            It is recognized that there is a need forcross training in order for the Company to have a flexible and productiveworkforce.  The Company will make aneffort to

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cross-train employeeswhen they feel the opportunity allows for those employees who have not haddisciplinary action for unacceptable attendance and/or tardiness within thelast six (6) months.

**Sectionj)**                                   The general wageincrease for the term of the Agreement will be granted in accordance with thefollowing:

·                  Employees earning one cent ($.01) toforty-nine cents ($.49) above their classification will receive a twenty-twocents ($.22) per hour increase each year of the agreement.

·                  Employees earning at or more than fifty cents($.50) above their classification will receive a twenty cents ($.20) per hourincrease each year of the agreement.

·                  In no case will the implementation of thisprovision of the agreement result in an employee who is not in progressionbeing granted an increase that results in their hourly rate of pay being lessthan their job contract rate.

·                  Employees in progression shall continue toreceive twenty cents ($.20) per hour increase the 1st Monday of each month until they reach theirjob contract rate.

**ARTICLE 17**

**OVERTIME PAY**

**Section a)**          Allwork done in excess of forty (40) hours in the regular work week for any shift,shall be paid for at the rate of one and one-half (1-1/2) times such employees’current regular straight time hourly rate.

**Sectionb)**       All work done in excess of eight (8) hours in aregular work day for any shift shall be paid at the rate of one and one half(1-1/2) times such employees’ current regular straight time hourly rate withthe exception of those employees having previously missed straight time hoursduring the same pay period.

**Sectionc)**       Any employees assigned to the second and thirdshifts, if any, for the preceding Friday shall complete such shift(s) onSaturday morning at such employees’ applicable rate for the preceding Friday.

**Sectiond)**       All work done by an employee on Sunday shall bepaid for at double such employees’ current regular straight time hourly rate;however, employees assigned to the second and third shifts, if any, for thepreceding Saturday shall complete such shift on Sunday morning at the rateapplicable for the preceding Saturday.

**Sectione)**       All work done by an employee on any recognizedholiday specified in the succeeding Section, or a day observed as such, shallbe paid for at double such employees’

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current regular straighttime rate, plus the holiday pay; however, employees assigned to the second andthird shifts, if any for the preceding day shall complete such shift(s) on themorning of such holiday at the rate applicable for the preceding day.

**Sectionf)**         An employee regularly scheduled to work duringthe work week but works less than forty (40) hours because of an action takenby the Company (excepting disciplinary action) will be credited with forty (40)hours worked in the computation of overtime in the period Monday throughSaturday.

**Sectiong)**      Paid holiday and sick hours shall be counted inthe computing of the forty (40) hours worked per week required for overtimepay.

**Sectionh)**      Whenever possible, any employee, when required towork overtime during the regular work week, must be notified by noon of thatday, except when a breakdown in operations occurs, and if an employee isrequired to work on Saturday, he must be notified no later than the end of hisregular shift on Thursday.

**Sectioni)**            When overtime is required at the beginningor the end of a regular work shift or on Saturdays, employees who regularlyperform such work operations during the regular work shift shall be givenpreference of overtime work assignments insofar as practical.

**Sectionj**)          The Company will make every effort to achieveequalization of overtime within a classification and department in accordancewith seniority on a rotating basis.

**Sectionk)**     The Company and the Union realize that overtimework may be required in order to assure an orderly flow of production and tomeet sales commitments. To this end, the Union and its members agree that theemployees covered by this Agreement will perform such overtime work as it isrequired and as requested. Should an employee refuse to work overtime, inabsence of a compelling reason, he or she may be subject to disciplinary action.

**Sectionl)**         Any incorrect assignments of overtime orviolations of the provisions of this Article will be resolved by the aggrievedparty being offered the next opportunity to work available overtime rather thandirect payment of any type.

**ARTICLE 18**

**SENIORITY**

**Sectiona)****      **Employees shall beregarded as probationary employees until they have worked for the Companywithin the bargaining unit an aggregate total of sixty (60) days worked withinthe period of six (6) months from the first date of employment, orre-employment after a break in continuity of service with the Company. Shouldany such probationary employee be discharged or laid off for any reason, theCompany shall be under no obligation to re- employ such person, or to reviewsaid discharge under the Grievance & Arbitration section of this Agreement.When employees have completed the aforementioned probationary period, theyshall have a plant wide seniority status beginning with the date of employmentwithin the

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bargaining unit and theircontinuous service shall commence as of such date. Unless specified to thecontrary elsewhere in this Agreement, the continuous service and senioritystatus of an employee shall not be affected or interrupted as a result oflayoffs, injury, illness, leaves of absence or other causes not due to thevoluntary act of fault of the employee; however, the continuous service of anemployee and his or her seniority status shall be terminated for any of thefollowing reasons, unless the Company and the Union, by agreement in writing,determine otherwise.

1)       Absence of anyemployee from work for three (3) consecutive regular workdays without havingrequested and received permission to be absent (considered a voluntaryresignation).

2)       Failureto report for work and return to work, when laid off, within five (5) work daysafter transmission of written notice, or telegram from the Company to theemployee’s last known address of Company record that work is available.

3)       Dischargeof any employee for just cause.

4)       Whenan employee resigns or quits.

5)       Failureof an employee to report to work and return to work following the conclusion ofan approved leave of absence.

6)       Whenan employee has not performed any work for the Company for twelve (12)consecutive months as a result of a layoff by the Company or as a result ofillness or injury.

**Sectionb)**       In all cases of promotion, demotion, whenfilling vacancies which may occur when work operations are abolished, when workoperations that have been abolished are re-established, and in all cases ofincrease or decrease of forces, consideration shall be given employees with thegreatest length of continuous service, subject to their ability, in the view ofthe Company, to perform the work. It is agreed that if the Company iscapricious or arbitrary in the action of evaluating any employees’ performanceor ability, it shall be subject to the Grievance and Arbitration Procedure,Article 20 of this Agreement. In determining “ability” the company may takeinto consideration the employees’ work attitude and habits, punctualityattendance, education and careful workmanship.

**Sectionc)**       If a reduction of the work force is necessary,employees shall be laid off by classification (lowest first) and in accordancewith their seniority, provided that the employee with the greatest amount ofseniority is capable and able to perform the work.

**Sectiond)**       In all cases of decrease of forces, allprobationary employees, if any, shall be laid off before any other employeesare laid off.

**Sectione)**       When recalling from layoff the reverse of theabove mentioned procedure shall be followed.

**Sectionf)**         In order to facilitate the properadministration of this Agreement, the Union shall be furnished, upon request,information concerning the employment date, classification, and minimum rate ofpay of any employee to whom this Agreement is applicable.

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**Sectiong)**         During periods of temporary slowdown inmanufacturing, not to exceed four (4) consecutive weeks, due to unfavorablebusiness conditions or adverse weather, the Company may elect to reduce thelength of the work week to four (4) days instead of resorting to layoffs.

**ARTICLE19**

**REQUESTFOR TRANSFER**

**Sectiona)**       An employee may make a written request to thePlant Manager, on forms provided, for an opportunity to learn a different typeof work or to be assigned to a particular department.

**Sectionb)**       In doing so, the employee must understand thatthe Company will consider requests as business conditions allow, there is anavailable opening, and the employee is capable of performing the work.

**Sectionc)**       Consideration shall be given employees with thegreatest length of continuous service.

**Sectiond)**       There will be no obligation on the part of theCompany to always follow this procedure, consider more than one (1) requestfrom an employee in a six (6) month period or consider requests fromprobationary employees.

**ARTICLE20**

**GRIEVANCE& ARBITRATION PROCEDURE**

All grievances anddisputes relative to the interpretation, meaning or application of thisAgreement which may arise between the Company and the employee shall beadjusted as follows:

**Sectiona)**          A grievance, to be valid, must be presentedto the supervisor in writing, signed by the employee and shop steward or theshop steward in a group case, and specifying the Article and Section of theAgreement believed violated and what relief is sought, no later than three (3)days following the occurrence or discovery of knowledge of the dispute. Thesupervisor shall answer the grievance in writing within an additional three (3)days.

**Sectionb)**       If the supervisor’s answer is stillunsatisfactory, then within three (3) days, the Union business representativeshall meet with a representative of management designated by the Company andthe Company must reply to the Union within an additional three (3) days.

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**Section c)****                                         **Ifthe dispute is still not resolved, the Union may appeal the grievance toarbitration within an additional five (5) days. The parties shall jointlyengage an impartial arbitrator to adjudicate the dispute, whose decision shallbe final and binding upon both parties.

**Sectiond)**       The arbitrator shall not have the right to addto nor subtract from nor modify any of the terms of this Agreement.

**Sectione)****         **It is agreed andunderstood that only one issue shall be submitted to one arbitrator unless theUnion and the Company shall mutually agree to submit more than one grievance tothe same arbitrator.

**Sectionf)****           **The arbitratorshall submit his decision in writing within ten (10) working days after he hasheard the case. His decision must specify in what manner and the amount (if payis involved) is to be received by the aggrieved party.

**Sectiong)****        **The fees and expensesof the Arbitrator shall be borne equally by the parties.

**Sectionh)****        **All time limitsspecified above exclude Saturdays, Sundays and holidays.

**Sectioni)****           **AmericanArbitration Association shall furnish a panel of arbitrators whose selectionshall be determined by the rules of that organization.

**Sectionj)****           **All of the timelimits provided herein may be extended by mutual agreement.

**ARTICLE21**

**SICK-PAY**

**Sectiona)****         **All employeescovered by this Agreement and who have worked for the Company one (1) yearshall commence to accumulate up to two (2) days sick leave pay at a rate of..0087 per straight time hour worked or paid to a maximum of sixteen (16) hours.

**Sectionb)****         **All employeescovered by this Agreement and who have worked for the Company two (2) yearsshall commence to accumulate up to three (3) days sick leave pay at a rate of..0130 per straight time hour worked or paid to a maximum of twenty-four (24)hours.

**Sectionc)****         **All employeescovered by this Agreement and who have worked for the Company four (4) yearsshall commence to accumulate up to four (4) days sick leave pay at a rate of..0174 per straight time hour worked or paid to a maximum of thirty-two (32)hours.

**Sectiond)****         **All employeescovered by this Agreement and who have worked for the Company

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five (5) years shallcommence to accumulate up to five (5) days sick leave pay at a rate of .0220per straight time hour worked or paid to a maximum of forty (40) hours.

**Sectione)****         **Sick leave pay whenused is paid in eight (8) hour increments and cannot be taken faster thanaccumulated.

**Sectionf)****           **The unused portionof sick leave will be paid off at the employees’ anniversary date ofemployment. Any employee who terminates voluntarily or involuntarily shall bepaid any unused portion of sick leave pay accrued.

**ARTICLE22**

**LEAVE OFABSENCE**

**Sectiona)****         **Personal Leave - Atthe discretion of the Company, leaves of absence may be granted for personalreasons for a period not to exceed thirty (30) days upon written application.No employee shall receive more than thirty (30) days total, personal leave ofabsence in any one year except under special circumstances or circumstancesprescribed by law.

**Sectionb)****         **Sick Leave - Uponwritten application to the Company, a sick leave of absence without pay may begranted to employees for the period of such illness, or incapacity, not toexceed six (6) months provided such application is accompanied by a certificatefrom a qualified physician. Such leave may be extended beyond six (6) months,at the option of the Company.

**Sectionc)****         **In no event does theCompany have to grant a Personal Leave or Sick Leave of Absence in excess ofthe time the employee has been employed by the Company, unless proscribed bylaw.

**Sectiond)****         **Any employee on aPersonal Leave or Sick Leave of Absence must notify the Company and the Unionpersonally every thirty (30) days in order to retain such leave rights or maybe terminated. Also, a Personal Leave or Sick Leave of Absence shall not begranted under this clause to work elsewhere. Any employee working elsewherewhile on a Personal Leave or Sick Leave of Absence may be terminated.

**Sectione)****         **Any employee who isabsence from work because of a Personal Leave or Sick Leave of Absence, maycontinue insurance coverage for a period of ninety (90) days by makingarrangements for the normal weekly payments. The employee will have their grouphealth and accident insurance discontinued on the first day of the thirdcalendar month unless the employee elects to make self-payments in the amountof the premium rate in effect at the time. Coverage will continue as specified under Cobra by the employee makingthe first payment to the Company on the date of eligibility and subsequentpayments on the first day of each succeeding month. The Company will resumepremium payments for the employee when they return to active work status.

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**Section f)**                                            Allrequests for leaves of absence must be in writing and all leaves of absencemust be granted in writing. Seniority status will accumulate and continueduring leaves of absence.

**ARTICLE23**

**HOLIDAYPAY**

**Sectiona)****         **The Company willrecognize holidays as follows:

Anniversary Holiday

Memorial Day

Fourth of July

Labor Day

Thanksgiving Day

Friday after ThanksgivingDay

Day before Christmas Day

Christmas Day

Day before New Year’s Day

New Year’s Day

**Sectionb)****         **An employee who hasbeen on the payroll of the Company for a period of sixty (60) calendar days ormore prior to a recognized holiday and has worked his last scheduled workingday prior to the holiday and his next scheduled working day after the holiday,shall receive holiday pay based on the number of hours that would have beenworked had such day not been a holiday, times his straight time hourly rate,including those holidays falling on Saturday or Sunday. Where a recognizedholiday falls on Saturday or Sunday it may be celebrated on Friday or Monday.

**Sectionc)**          An employee absent for a period not to exceedtwo (2) weeks for industrial accident or authorized leave of absence forillness, or on layoff, shall qualify for holiday pay if the holiday fallswithin that period.

**ARTICLE24**

**PAID VACATIONS**

**Sectiona)**          Each employee shall receive one (1) weekvacation pay after one (1) year of continuous active service with the Companyand two (2) weeks vacation with pay after two (2) years of continuous activeservice with the Company, and thereafter paid vacations as follows:

after eight (8) years,three weeks;

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after fifteen (15) years, four weeks.

**Sectionb)****         **Vacation pay foreach week of vacation shall be computed by multiplying forty (40) hours by thestraight time hourly rate of pay on the anniversary date of the eligibleemployee.

**Sectionc)****         **Each active employeefor vacation accrual and anniversary payoff purposes only shall be consideredas having a year’s continuous service and a year’s eligibility for vacation foreach completed year, starting from the date of his employment, in which he hasworked at least twelve-hundred (1,200) straight time hours for the Company.

**Sectiond)****         **Any employee entitledto a vacation as herein provided shall receive their vacation pay on the payperiod following their anniversary date of employment with the Company.

**Sectione)****         **The Company, inscheduling vacations, will, insofar as possible without interfering with efficientoperations, consider the wishes of the employees. In the event of a conflict invacation schedules, recognition shall be given to seniority.  The employee shall take his vacation withinthe fifty-two (52) weeks after he has become eligible for a vacation unless theCompany requires, by written notice to the employee, that he defer his vacationleave because there are extenuating circumstances requiring his particularskill or service beyond the fifty-two (52) week period.

**Sectionf)****           **If a recognizedholiday occurs during the time an employee is absent on an earned vacation, hemay absent himself for one more day and he shall become entitled to anadditional eight (8) hours of pay at his straight time rate, providing hequalifies in all other respects for such holiday pay.

**Section****g)**)  Anemployee who terminates or is terminated after he has completed twelve (12)months or more of continuous service with the Company since the date he waslast-employed shall be granted one twelfth (1/12) of one, two or three weeks,etc., vacation, whichever applies, for each month of service since his lastanniversary date in which month he has completed one hundred and twenty (120)straight time hours.

**Sectionh)****        **Those employees whoterminate or have been terminated or laid off and who have had less than one(1) year’s continuous service, will not be eligible for any vacation payment.

**Sectioni)****           **Any employee laidoff through reduction of force, or any other reason beyond the employee’scontrol, and re-employed in conformance with seniority provisions as stipulatedin Article 18 shall be considered as having been continuously employed.

**ARTICLE25**

**FUNERALPAY**

In the event of the deathof a member of the immediate family, an employee will at his request,

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be granted up to three(3) consecutive days off with pay of eight (8) times his hourly rate of pay perday to attend the funeral. Should a funeral occur during an employee’s vacationor on a holiday, time off from work will be extended for an appropriate period.

“Immediate family” isdefined as spouse, parents of employee or spouse; step parents, grandparents ofthe employee, brothers or sisters or step brothers or step sisters; andchildren, natural, step or adopted. The Company may require proof of death andof relationship to the deceased, from the employee.

**ARTICLE26**

**HEALTH,WELFARE AND DENTAL BENEFITS**

**Sectiona)****         **The Company shallprovide for all active non-probationary employees covered by this Agreementhealth, welfare and dental coverage as described in the Group InsuranceBooklets, or in the Company’s determination, substantially equivalent benefits.

**Sectionb)****         **To be eligible forthis benefit plan an employee must have completed the prescribed waitingperiod. Coverage under the benefit plan will terminate upon termination ofemployment.

**Sectionc)****         **Selection betweenthe programs may only be changed during the enrollment period of each year,unless employee experiences a qualifying event. The current amount of weeklycontributions is as follows:

**MEDICAL PLAN: GREAT WEST**
|                     | ** ** | **POS** | ** ** | **PPO** | ** ** |
|---------------------|------------|---------|------------|---------|------------|
| Single Coverage     |       | $       | 25.89      |    | $          | 28.52 |   |
| Two Party  Coverage |       | $       | 55.56      |    | $          | 60.76 |   |
| Family Coverage     |       | $       | 73.48      |    | $          | 80.03 |   |

 

**DENTALPLANS**
|                    | ** ** | **FORTIS** | ** ** | **SAFEGUARD** | ** ** |
|--------------------|------------|------------|------------|---------------|------------|
| Single Coverage    |       | $          | 5.70       |          | $          | 6.40 |   |
| Two Party Coverage |       | $          | 11.33      |          | $          | 12.79 |   |
| Family Coverage    |       | $          | 15.42      |          | $          | 18.23 |   |

 

Contribution amounts foreach coverage should be combined for the total of weekly a contribution. Suchamount will be paid by payroll deduction.

**Sectionf)**         Any future increases in Plan costs for medicalinsurance during the term of the Agreement, will be shared equally by theCompany and the employee, to a maximum employee contribution of 37% of thetotal premium amount. Any increase for dental insurance will be paid

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solely by the employee.Any additional employee contribution required will be added to the existingcontribution as a weekly payroll deduction. The Company will give the Union andemployees notification of any cost changes under the Plan.

Any employee who isabsent and does not receive their normal paycheck will be responsible formaking their insurance deduction payments or the Company, its option, may takethe required missed deductions from the employee’s check after their return towork.

**Sectiong)**      In order to try and obtain the best insurancecoverage for the employees, it is agreed between the parties that variousinsurance packages, options and costs may be presented or reviewed at any timeduring the term of the Agreement.

**ARTICLE27**

**EMPLOYEERETIREMENT SAVINGS PROGRAM**

**Sectiona)**       Effective July 1, 1997 and under governmentregulation, a contributory retirement savings plan will be established wherebythe Company and eligible employees may contribute a specified amount for eachhour worked. The funds will be placed into a Retirement Trust Account and willbe managed by an independent trustee. Company contributions remain in the TrustFund and cannot be returned to the Company under any circumstances. Provisionsare made for withdrawal of all or part of each employee’s contributions,temporary suspension of participation and sharing of Company contribution andfund earnings, all in accordance with government regulations.

**Sectionb)**          The schedule of employeeminimum and company contributions is as follows:

**EffectiveJune 5, 2005:**

The company contribution is twenty-five cents ($0.25) per hour worked.

The employee minimumcontribution is ten cents ($0.10) per hour worked.

**EffectiveJune 4, 2006:**

The company contribution is twenty-seven cents ($0.27) per hour worked.

The employee minimumcontribution is twelve cents ($0.12) per hour worked.

** Effective June 3, 2007:**

The company contribution is twenty-nine cents ($0.29) per hour worked.

The employee minimumcontribution is fourteen cents ($0.14) per hour worked.

**EffectiveJune 1, 2008:**

The company contribution is thirty cents ($0.30) per hour worked.

The employee minimumcontribution is fifteen cents ($0.15) per hour worked.

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**Section c)****                                         **Eachparticipant will have the option to contribute the minimum participant’scontribution as specified, by government regulations.

**Sectiond)****         **A participant maycontribute more than the minimum contribution but**theCompany contribution will only be the amount specified above.

**Sectione)**       A summary of the Plan shall be made available toall employees.

**Sectionf)****           **A copy of theentire Plan will be furnished to the Union. The Plan document will be availablefor inspection at the office of the Company and/or the Union during normalbusiness hours.

**ARTICLE28**

**GENERALPROVISIONS**

**Sectiona)****         **It shall be theresponsibility of employees to notify the Company personnel office in writingof their current address and telephone number and any change thereof. TheCompany shall be considered as having complied with any notice requirements ifsuch notice is sent to the employee’s last address on record.

**Sectionb)****         **The waiver of anybreach or condition of this Agreement by either party shall not constitute aprecedent for any further waiver of a breach or condition.

**Sectionc)****         **Words used in thesingular form shall be deemed to include the plural, and vice versa, in allsituations where they would apply.

**Sectiond)****         **Headings toArticles, Sections or Subsections of the Agreement have been supplied forconvenience only and are not to be taken as limiting or extending the meaningsof any of the provisions of the Agreement.

**ARTICLE29**

**SOLE ANDENTIRE AGREEMENT**

This Agreement concludesall collective bargaining between the parties hereto during the term hereof andconstitutes the sole, entire and existing agreement between the parties hereto,and supersedes all prior agreements a undertakings, oral or written, expressedor implied, or practices, between the Company and the Union or its employees,and expresses all obligations and restrictions imposed on each of therespective parties during the term.

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**ARTICLE30**

**DURATIONOF AGREEMENT**

THIS AGREEMENT shallremain in full force and effect until June 7, 2009, and shall continue fromyear to year thereafter unless either party notifies the other of a desire toamend, modify, or terminate, in which event notice shall be given in writing atleast sixty (60) days, but not more than seventy-five (75) days prior to theexpiration date thereof. In the event of a notice of intention to terminate,modify or amend, negotiations shall begin within fifteen (15) days after thedelivery of such notice.

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**EXHIBIT “A”**

**HOURLYWAGE SCHEDULE**
| **Classification**                       | ** ** | **6/05/05** | ** ** | **6/04/06** | ** ** | **6/03/07** | ** ** | **6/01/08** | ** ** |
|------------------------------------------|------------|-------------|------------|-------------|------------|-------------|------------|-------------|------------|
| ** **                               |       |        |       |        |       |        |       |        |       |
| **PRODUCTION**                           |       |        |       |        |       |        |       |        |       |
| **GRADE 1**                              |       | $           | 14.90      |        | $          | 15.20       |       | $           | 15.50      |   | $ | 15.80 |   |
| 85 Truck Driver                          |       |        |       |        |       |        |       |        |       |
| **      ** |       |        |       |        |       |        |       |        |       |
| **GRADE  1A**                            |       | $           | 13.29      |        | $          | 13.59       |       | $           | 13.89      |   | $ | 14.19 |   |
| 90 Maintenance  Mechanic                 |       |        |       |        |       |        |       |        |       |
| **      ** |       |        |       |        |       |        |       |        |       |
| **GRADE  1B**                            |       | $           | 10.49      |        | $          | 10.79       |       | $           | 11.09      |   | $ | 11.39 |   |
| 82 Specialty  Window                     |       |        |       |        |       |        |       |        |       |
| 55 Glass Cutter                          |       |        |       |        |       |        |       |        |       |
| 62 Intercept  Operator                   |       |        |       |        |       |        |       |        |       |
| **      ** |       |        |       |        |       |        |       |        |       |
| **GRADE 2**                              |       | $           | 10.19      |        | $          | 10.44       |       | $           | 10.69      |   | $ | 10.94 |   |
| 49  Sidewinder/Forklift Operator         |       |        |       |        |       |        |       |        |       |
| 80 Back-up Truck  Driver/Service         |       |        |       |        |       |        |       |        |       |
| 43 Order Puller                          |       |        |       |        |       |        |       |        |       |
| 84 Specialty  Grid Assembler             |       |        |       |        |       |        |       |        |       |
| **      ** |       |        |       |        |       |        |       |        |       |
| **GRADE 3**                              |       | $           | 9.46       |        | $          | 9.68        |       | $           | 9.90       |   | $ | 10.12 |   |
| 40 Forklift/Crane  Operator              |       |        |       |        |       |        |       |        |       |
| 46 Hot Melt Gun  Operator                |       |        |       |        |       |        |       |        |       |
| 50 Saw Operator                          |       |        |       |        |       |        |       |        |       |
| 82 Door/Window  Assembler/Aluminum       |       |        |       |        |       |        |       |        |       |
| 34 Truck Loader  / Stacker               |       |        |       |        |       |        |       |        |       |
| 10 Glass Stacker  & Sorter           |       |        |       |        |       |        |       |        |       |
| **      ** |       |        |       |        |       |        |       |        |       |
| **GRADE 4**                              |       | $           | 8.94       |        | $          | 9.14        |       | $           | 9.34       |   | $ | 9.54 |   |
| 24 Vinyl / 2200  Glazier                 |       |        |       |        |       |        |       |        |       |
| 30 Grid  Assembler/Installer             |       |        |       |        |       |        |       |        |       |
| 37 Intercept  Folder                     |       |        |       |        |       |        |       |        |       |
| 19 Washing  Machine Operator             |       |        |       |        |       |        |       |        |       |
| **      ** |       |        |       |        |       |        |       |        |       |
| **GRADE 5**                              |       | $           | 8.44       |        | $          | 8.64        |       | $           | 8.84       |   | $ | 9.04 |   |
| 11 Material  Processor                   |       |        |       |        |       |        |       |        |       |
| 19  Packer/General Helper                |       |        |       |        |       |        |       |        |       |
| 37 Intercept  Patcher                    |       |        |       |        |       |        |       |        |       |
| 26 Janitor                               |       |        |       |        |       |        |       |        |       |

 

9-LEADPERSON:Fifty cents ($0.50) per hour over the highest classification supervised intheir group.

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Employees driving asemi-truck for the purposes of making a delivery will be paid an hourly premiumof forty ($0.40) cents per hour above their current rate of pay as inaccordance with Schedule “A”.

Minimum new hire rate -$6.00 per hour.

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**FOR THE EMPLOYER:**

**INTERNATIONAL WINDOW - ARIZONA, INC.**

2500 East Chambers Street

Phoenix, Arizona 85940
| /s/ [ILLEGIBLE] |   | 8/4/05  |   |
|-----------------|--------|---------|--------|
| Signature       | Date   |
|            |   |
|            |   |
| /s/ [ILLEGIBLE] |   | 8-4-05  |   |
| Signature       | Date   |
|            |   |
|            |   |
| /s/ [ILLEGIBLE] |   | 8.18.05 |   |
| Signature       | Date   |

 

** **

**FOR THE UNION:**

**INDUSTRIAL CARPENTERS LOCAL UNIONNO. 2093**represented by the **SOUTHWESTREGIONAL COUNCIL OF CARPENTERS**
| /s/ [ILLEGIBLE] |   | 8/4/05 |   |
|-----------------|--------|--------|--------|
| Signature       |   | Date   |
|            |   |   |
|            |   |   |
| /s/ [ILLEGIBLE] |   | 8/4/05 |   |
| Signature       |   | Date   |
|            |   |   |
|            |   |   |
| /s/ [ILLEGIBLE] |   | 8/9/05 |   |
| Signature       |   | Date   |

 

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