Exhibit
10.10


 


AGREEMENT


 


Between


 


NICE BALL BEARINGS, INC.


AN RBC COMPANY


 


and


 


UNITED STEELWORKERS OF AMERICA
(AFL-CIO)


LOCAL 6816-12


 


OCTOBER 23, 1999


 


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TABLE OF CONTENTS


 


	
  ARTICLE

  
	
   

  	
   

  
	
  1

  	
  Parties
  to the Agreement

  
	
  2

  	
  Philosophy
  Statement

  
	
  3

  	
  Union Recognition

  
	
  4

  	
  Management
  Rights

  
	
  5

  	
  Union Security and
  Check-off

  
	
  6

  	
  Non-Discrimination

  
	
  7

  	
  Structure and
  Decision-Making Process

  
	
  8

  	
  Work Performed
  Outside the Bargaining Unit

  
	
  9

  	
  Training

  
	
  10

  	
  Probationary
  Period

  
	
  11

  	
  Seniority

  
	
  12

  	
  Layoffs and Recall to Work

  
	
  13

  	
  Open Jobs

  
	
  14

  	
  Leave of
  Absence

  
	
  15

  	
  Overtime

  
	
  16

  	
  Wages and Other
  Compensation

  
	
  17

  	
  New Products

  
	
  18

  	
  Shift Premium

  
	
  19

  	
  Temporary
  Transfers

  
	
  20

  	
  Vacations

  
	
  21

  	
  Holidays

  
	
  22

  	
  Safety and
  Health

  
	
  23

  	
  Union Facilities

  
	
  24

  	
  Dispute Resolution

  
	
  25

  	
  Living Agreement

  
	
  26

  	
  Insurance

  
	
  27

  	
  Pension
  Benefits

  
	
  28

  	
  Waiver of
  Any Clause

  
	
  29

  	
  Good Faith

  
	
  30

  	
  General

  
	
  31

  	
  Plant Shutdown

  
	
  32

  	
  Duration
  of Agreement

  
	
   

  
	
   

  
	
  APPENDIX A

  
	
  APPENDIX B

  



 


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ARTICLE 1


PARTIES
TO THE AGREEMENT


 


This Agreement is entered
into between NICE BALL BEARINGS, INC. – AN RBC COMPANY (“RBC” or the “Company”
or the “Employer”) and the UNITED STEELWORKERS OF AMERICA, AFL-CIO, on behalf
of itself and the members of Local Union No. 6816-12 (the “Union”).


 


ARTICLE 2


PHILOSOPHY
STATEMENT


 


We understand that our
primary responsibility is to manufacture quality bearing products, and provide
a service that satisfies our customers’ needs. 
Everything we do in manufacturing, customer service, and administration
must be of the highest quality possible. 
These efforts should be accomplished in an environment that is cost
conscious, effective, continually promotes openness and trust and strives to
achieve continuous growth of the business.


 


We believe that people
want to be involved in decisions that affect them, care about their jobs and
each other, take pride in themselves and in their contributions and want to
share in the success of their efforts.


 


Making progress toward
these mutually agreed upon goals will require a relationship of mutual respect,
open communication, shared success, mutual aid, innovative problem solving, and
shared decision-making.  The parties
agree that in order for the Union to effectively represent its members, the
Union must have a role in the decision-making process that affects its
members.  It is the intent of the Union
and RBC to create a workplace that recognizes the need for people to be treated
with respect and dignity and recognizes that collective bargaining can be an
essential and constructive force in our plant. 
All parties in this Agreement will strive to make the Kulpsville plant
of RBC the best of its kind in the marketplace; making the highest quality
product; a cost effective, profitable operation; a coveted place to work, and a
responsible member of the community.


 


It is in this renewed
spirit of mutual respect and recognition of each other’s stakes and equities
that this Agreement is entered into and agreed upon.


 


ARTICLE 3


UNION
RECOGNITION


 


The Company recognizes
the Union as the certified collective bargaining agent for all of its
production and maintenance employees engaged on jobs at its plant in
Kulpsville, Pennsylvania, excluding clerical employees, general office
employees, and supervisory employees pursuant and subject to the provisions of
the Labor-Management Relations Act of 1947 and amendments thereto.


The Company recognizes
the right of labor to organize in order to promote the interests and welfare of
labor and to bargain effectively and will not interfere with the right of
employees to become members of the Union, nor will it discriminate against
employees for filing or causing to be filed a just grievance or because of
membership in the Union, or against any officer or representative elected or
appointed to act in behalf of the Union pursuant to the terms of the Agreement.


 


ARTICLE 4


MANAGEMENT
RIGHTS


 


The Union recognizes that
the management of business and the direction of its workforce are exclusively
the right of Management in all respect not inconsistent with the specific
provisions of the Agreement or any law, and it is understood that any matters
not covered with respect to same shall rest within the sound discretion of
Management.  Management will receive and
consider any suggestions from the Union with respect to the exercise of the
rights herein reserved.


 


ARTICLE 5


UNION
SECURITY AND CHECK-OFF


 


To the extent permitted
by law, all bargaining unit members shall be required, as a condition of employment,
to acquire and maintain membership in the Union immediately upon completion of
thirty (30) days of employment or the effective date of this Agreement,
whichever is the later.


 


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The Company will provide
for check-off of union dues and initiation fees on behalf of employees who
request such a service in accordance with prevailing law.  The Company agrees to compute union dues on
the basis of earnings in the preceding month. 
In case of earnings of less than sixteen (16) hours, dues will not be
deducted.  They will be deducted from
the next pay which is sixteen (16) or more hours.  Further, the Company will deduct $5.00 from one pay per year for
P.A.C. for those employees who have so directed.  The Union shall indemnify and save RBC harmless with respect to
any claims or expenses arising out of any action taken as or not taken by RBC
for the purpose of complying with this Article.


 


ARTICLE 6


NON-DISCRIMINATION


 


The philosophy and
mission of RBC are designed to be in full and complete compliance with the
legal and moral principles of equal opportunity in employment.  Accordingly, the Company and the Union
pledge, on behalf of themselves, as well as their officers, members and
representatives to treat all persons equally without regard to their race,
color, religion, age, sex, national origin, disability, or veteran’s
status.  Although the term “he” is used
throughout this Agreement, it is used to represent both male and female
employees and is not intended to be discriminatory or exclusive in any way, but
rather to simplify the language for understanding.


 


ARTICLE 7


STRUCTURE
AND DECISION-MAKING PROCESS


 


The intent of the parties
is to create an evolutionary process towards a goal in which employees will be
involved in the decision-making process with respect to producing to schedule,
producing a quality product, performing to budget, housekeeping, health,
safety, environmental conformance, maintenance of equipment, material and
inventory control, training, job assignment, repairs, scrap control, and
scheduling time off.  It is anticipated
that the transition towards this goal will extend over much, if not all, of the
term of this Agreement.  A Memorandum of
Understanding will be developed outlining this expected transition process.


.


WORK GROUP MEMBER:


The individual RBC
employee.


 


WORK GROUP:


An integrated group with
a common manufacturing and support purpose related to a product or products,
across all shifts.


 


The Work Group will have
the responsibility and authority to produce quality products to schedule at
competitive costs.  It will have
responsibility for both direct and indirect work and, as such, will hold
meetings, requisition supplies, keep records, seek resources as needed, and be
responsible for job preparation and attainment of its own materials and
supplies.  It will constantly seek
improvement in quality, cost and work environment.  The Work Group will also be responsible for communicating any
problems with the responsible function.


 


WORK GROUP REPRESENTATIVE:


An employee elected by
the Work Group to communicate with all shifts and participate with management
in coordinating the administrative functions of the Work Group and report at
least monthly on Work Group progress to the Plant Council.  The Plant Council may remove a Work Group
Representative upon petition of at least two-thirds of the members of the Work
Group, or upon consensus of the Plant Council.


 


WORK GROUP FACILITATOR:


A member of management
who will coordinate the activities of the Work Groups and provide resources as
needed.


 


UNION PLANT COMMITTEE:


The Union Plant Committee
is elected by the Union members according to the Union bylaws and will be
comprised of the President, Vice President and Area Grievance Chairman.   However, the current committee members will
continue in office for the balance of their term or until they resign or are
removed by the Union, whichever occurs first. 
Union Plant Committee members will have top seniority for layoffs and
recall purposes.  They will be assigned
to serve on the Plant Council and the other committees created by this
Agreement as the Union sees fit.


 


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PLANT COUNCIL:


A consultative employee
group, consisting of the Union Plant Committee and an equal number of
representatives from the Company, which includes the Plant Manager or his
designee, who participate in decision-making processes addressing issues
affecting the entire plant or which have not been resolved in the Work Group.  Additional members may be added by mutual
agreement of the parties on an ad hoc basis while resolving specific
issues.  The Plant Council will meet as
often as necessary, but at least weekly.


 


In connection with the
foregoing and with other issues affecting the plant, the parties recognize that
all functions of management are reserved exclusively to the Company, except
insofar as they are delegated or shared pursuant to the terms of this
Agreement.  These functions include the
management of the business, the determination of the products, methods,
processes and means of manufacturing, the establishment of the size and
direction of the work force, the setting of working schedules, the rights to
hire, promote, demote, lay off, transfer, discipline, discharge for proper cause
and establishing fair efficiencies and work rules.  The Company will perform these functions in the spirit of the
Philosophy Statement of this Agreement.


 


Within the Work Groups,
decisions on matters within the Groups’ authority which are not otherwise
provided for in this Agreement will be made through the consensus
decision-making process outlined below:


 


A)                                  Such
decisions shall be made in the context of the Philosophy Statement and the
Structure and Decision-Making framework.


 


B)                                    Decisions
should be achieved through the joint efforts of all to discover the best
solution.


 


C)                                    Decisions
must be arrived at promptly.


 


D)                                   A
decision must provide a high level of acceptance for all parties.


 


E)                                     Once
a decision is reached, all parties must be totally committed to the decision.


 


F)                                     Any
party may object to a proposed decision, in which event the objecting party
must propose concrete alternatives.


 


G)                                    In
the event an alternative solution is not forthcoming, the objecting party must
re-evaluate its position in the context of the Philosophy Statement.


 


H)                                   In
the event a decision acceptable to all parties is not promptly attainable, the
matter will be referred to the Plant Council.


 


The Plant Council will
also seek to reach decisions on matters within its authority under this
Agreement by means of the consensus decision-making process outlined above,
provided that, if such a decision is not promptly attainable, the Company shall
have the right to take action, subject to the Union’s right to grieve under the
Agreement.


 


ARTICLE 8


WORK
PERFORMED OUTSIDE THE BARGAINING UNIT


 


1.               It is not the
intent of the Company to subcontract work provided there is sufficient
manpower, skills, abilities, and equipment in the plant to timely and
economically perform the work involved.  The Company will notify the Union of scheduled subcontracting at
the weekly Plant Council meeting, including a brief description of the work to
be performed, and reasons for having it performed by an outside contractor.  If such notice is not feasible, the Company
will verbally contact a representative so designated by the Union.  The Union shall have the right to file a
grievance regarding the Company’s action at Step 3 of Article 24.


 


2.               The parties shall
conform to the principle that non-bargaining unit employees shall not perform
any operation that would deprive bargaining unit employees of their regular
work.  Non-bargaining unit employees may
be used to perform experimental work, with or without the assistance of
employees in the bargaining unit, as management determines.  Experimental work is defined to mean all
work involved in the development of new, different or modified products, parts,
tools or equipment.  Non-bargaining unit
employees may also be used in cases of emergency or training.


 


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ARTICLE 9


TRAINING


 


Both the Union and the
Company recognize that training will be required to prepare Work Group and
Plant Council Members to perform these functions and that this transformation
will require a gradual cultural change, but agree to work together over the
life of this Agreement to obtain the skills necessary to meet the levels of
authority and responsibility described here.


 


A Training and Education
Committee will be established to develop, schedule and manage the training and
education process.  Two (2) employees
selected by the Union Plant Committee and two (2) employees selected by the
Plant Manager will constitute the Training and Education Committee.  The minimum training and education requirement
for each employee will include either on-the-job training to learn to perform
specific skills and/or classroom training on subjects necessary to comply with
the Philosophy Statement of this Agreement. 
The Training and Education Committee will work with the members of the
Work Groups to develop, schedule, and implement training and education
programs.  An employee whose application
for training is approved and scheduled by the Training and Education Committee
shall be trained in accordance with that training schedule.  If an employee is at work and available to
accept training opportunities, but does not receive training in accordance with
such schedule through no fault of his own, the employee will be paid at the
level he would have attained if the training had been provided in accordance
with the schedule unless such training is prevented or delayed by unforeseen
circumstances or by circumstances beyond the Company’s control.


 


The Training and
Education Committee will develop a training and education plan that will
include necessary skills and education for the implementation of this
Agreement.  This plan will include a
schedule of training for all employees in coordination with the principles of
the pay for knowledge and skills process. 
A skills assessment of all employees and the requirements for all levels
of each classification will be included in the plan.  The Training and Education Committee will submit its initial plan
for six months training and education to the Plant Council for approval within
ninety (90) days of the ratification of this Agreement.  The training and education plan will include
the utilization of a qualified trainer or trainers selected by the Plant
Council, whose duties may also include helping the parties to facilitate the
transition process.  Expenses for
training and education will be borne by the Company or through grants where
available.  After the initial training
and education plan, the Committee will submit a plan every six (6) months for
approval.  Training will begin within
thirty (30) days of the approval of the initial plan, which must be finalized
within two (2) weeks of its submission.  
In the event the members of the Committee shall fail to reach consensus
on any aspect of the plan, the opposing views shall be submitted to the Plant
Council for determination.


 


Each Training and
Education Plan will include (but will not be limited to):


 


•
technical skills


•
problem-solving


•
consensus decision-making


•
business basics and philosophy


•
team building


 


Any Skilled Trades
components of the training and education plan will be developed with the
assistance of the Skilled Trades Department.


 


ARTICLE 10


PROBATIONARY
PERIOD


 


1.               An employee may
acquire seniority rights by working ninety (90) continuous days, in which event
the employee’s seniority will date back ninety (90) days.  When an employee acquires seniority, his
name shall be placed on the plant seniority list.  New employees who have worked less than ninety (90) calendar days
shall be classified as probationary employees. 
There shall be no responsibility for re-employment of such employees if
they are laid off or discharged during this period.


 


2.               Benefits for newly
hired employees will begin following sixty (60) days.


 


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ARTICLE 11


SENIORITY


 


1.               Computing Seniority


 


A)          The seniority of an
employee shall be computed on the basis of the length of his service, from the
date of his last employment with the Company, subject to the provisions of this
Agreement.  When more than one employee
is hired on the same date, to establish their seniority position, their names
will be placed on the seniority lists in alphabetical order by last name (at
the time of hire), first name, and middle name.


 


B)            An employee who
accepts a position not within the Bargaining Unit will have ninety (90) days to
return to the Bargaining Unit.  If the
employee exceeds this 90-day period, he will lose all rights and will return to
the Bargaining Unit only as a new employee.


 


C)            Service will
accumulate during an approved personal leave of absence, Union leave, family
and medical leave, maternity leave, sick leave, military leave, funeral leave,
jury duty or layoff.


 


2.               Termination of
Employment


 


An employee’s length of
service and seniority shall be considered ended, and the employee will have no
further recall or other rights as an employee of any kind or nature, except the
right to vacation pay, and insurance continuation, if such an employee:


 


A)          Voluntarily quits his
employment, or


 


B)            Is discharged for
proper cause, or


 


C)            Is absent for three
(3) consecutive working days without properly notifying the Company, or


 


D)           Fails to return to work
from layoff within five (5) working days after being notified by telephone
unless prevented to do so because of sickness, injuries, or causes beyond his
control and the Company is notified prior to the end of the fifth working
day.  In such event, he shall be given a
reasonable time in which to report for duty. 
The date of return shall not be later than one (1) year thereafter.  Such a condition shall not prevent employees
next in service from being employed during the interim.  In instances where notification is by
“overnight” mail or certified mail only, the five (5) days commence with the
receipt of the letter by the employee. 
In any event, if there is no response within two (2) weeks, the employee
whom the Company in unable to reach will be terminated.


 


E)             Fails to return to
work at the end of an approved leave of absence or gives a false reason for
obtaining a leave of absence, or


 


F)             Passes the time limit
for recall from layoffs.


 


3.               For purposes of
layoff and rehire, the officers of the Union shall have seniority in the
following order:  President, Grievance
Chairman, Vice President and Grievance Committee providing they have the
ability to perform whatever jobs are available.  No layoff notice is required if one of the aforementioned leaves
his office.  The Union agrees to keep
its list of officers and stewards up to date and will hold the Company
blameless if the list is not kept current.


 


ARTICLE 12


LAYOFFS
AND RECALL TO WORK


 


1.       Layoff Provisions


 


A)          The Company will give at
least two and one-half (2-1/2) working days’ notice prior to layoff to the
employees affected, even if only one employee is affected, or will pay him at
straight time rate for two and one-half (2-1/2) working days in lieu of such
notice.


 


B)            When a job is
eliminated within a Work Group, the least senior employee in that Work Group
will be 


 


7

















 


displaced.  In the event that the work group facilitator
believes that displacing the least senior employee in the group will deprive
the group of skills needed to meet production requirements, he will discuss the
matter with the work group representative in an effort to reach agreement.  If such agreement is not immediately
attainable, the issue shall be submitted to the Plant Council for action.


 


C)            An employee displaced
from a Work Group may bump on the basis of plant seniority one of the least
senior employees in the same or another Work Group.  In the event that the work group facilitator believes that such
bumping will deprive the group of skills needed to meet production
requirements, he will discuss the matter with the work group representative in an
effort to reach agreement.  If such
agreement is not immediately attainable, the issue shall be submitted to the
Plant Council for action.  The employee
will designate a job choice within 24 hours from the end of the shift on which
he was displaced.  Employees can only
bump into a Skilled Trades job if they previously held the job.


 


D)           When a shift or part of
a shift is removed due to lack of work or reduction of work, any employee
affected will be given the opportunity to exercise his seniority on the shift
of his choice, providing he currently possesses the skills and skill level of
the junior employee he wishes to displace.


 


E)             When an employee is
displaced and bumps a less senior employee, there will be no posting for a job
opportunity, but if more than one shift is involved, then subsection (D) above
applies.


 


2.       Recall Provisions


 


A)          If employees are laid
off and subsequent thereto it becomes necessary to increase the working force
in any Work Group, rehiring shall begin with the most senior qualified
employee, regardless of which work group he was laid off from.  He will be paid according to the skill level
in the Work Group to which he has been recalled.


 


B)            If an employee on the
recall list is offered regular, full-time re-employment in the same Work Group
and shift as previously held, and he refuses to accept it, he will be dropped
from the recall list and no longer have any rights under this Agreement.


 


C)            If an employee on the
recall list is offered regular, full-time re-employment in a different Work
Group or shift, and he refuses to accept it, he will remain on the recall list
until such time as he is offered another opportunity to return to work.  A third refusal to return to work will cause
such employee to be removed from the recall list and no longer have any rights
under this Agreement.  In order to count
as a “refusal” for purposes of the preceding sentence, the offer which the
laid-off employee refuses must have been received at least one month subsequent
to the prior offered he refused.


 


D)           The Company shall
notify eligible employees by telephone, where possible, to report for work and
confirm it by “overnight” or certified mail to the last known address, and
shall give a copy of such notice to the Union at the same time.  If such employee does not report within five
(5) working days after being notified by telephone, he shall lose his seniority
unless he is prevented from returning due to sickness, injuries, or causes
beyond his control, and the Company is notified prior to the end of the fifth
working day.  In such event, he shall be
given a reasonable time in which to report for duty.  Such a condition shall not prevent employees next in service from
being employed during the interim.  In
instances where notification is by “overnight” or certified mail only, the five
(5) days commence with the receipt of the letter by the employee.  In any event, if there is no response within
two (2) weeks, the employee whom the Company is unable to reach will be terminated.


 


E)             A
laid off employee will remain on the recall list according to the following
time limits:


 


SENIORITY TIME LIMIT


 


	
  Probationers

  	
   

  	
  No Recall

  
	
  Non-probationers

  	
   

  	
  3 years (36 months)

  



 


 


3.                    The
Company agrees to notify the Union immediately, in writing, of all temporary
and permanent layoffs, resignations, discharges and transfers.


 


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4.                    It
shall be the duty of the employees to advise Human Resources, in writing, of
their proper home addresses, and any notice sent by the Company by “overnight”
mail or certified mail to the last known address of record with the Company
shall be considered proper notice.  The
Company agrees to inform the Union of new or corrected addresses.


 


ARTICLE 13


OPEN
JOBS


 


1.                    Filling Open
Jobs


 


A)   Whenever the Company determines that an open
job exists in the Bargaining Unit (other than a Skilled Trades job):


 


1)              The
Company will post notice of such opening for seventy-two (72) hours.  Employees who wish to apply for the opening
must do so by submitting a completed Job Vacancy Application to their work
group facilitator during the posting period.


 


2)              If
a job is posted when an employee is on vacation, workers’ compensation or an
approved leave of absence for reasons named in Article 14, Section 1, that
employee will be given three (3) days in which to bid on the opening upon his
return, provided he will be returning from leave in a reasonable period of
time.  In the event that awarding of the
posted job is delayed as a result thereof, the employer shall have the right to
fill the position during the interim with the next most senior applicant who is
qualified under 3, below.


 


3)              Applicants
will be awarded the open job on the basis of seniority and possession of the
skill level required to perform the job. 
In the event that there are no applicants who currently possess the
required skill level, the job will be awarded on the basis of seniority and an
aptitude to perform the job.


 


4)              All
awards to open jobs will be posted within five (5) working days.  A successful bidder will be transferred to
the open job within thirty (30) calendar days after he is designated, unless
the Plant Council determines that his transfer within that time period would be
detrimental to his current Work Group.


 


B)            When
an open job exists in one of the Skilled Trades classifications, the Company
may determine whether to train or hire on the outside.  If the Company decides that the posting and
bidding procedure outlined in Subsection A above shall be utilized, the job
will be awarded on the basis of seniority and aptitude.  However, employees who have previously held
the job in the Skilled Trades classification in which the open job exists, will
be given priority.  Those employees
bidding for the job who have not previously held the open Skilled Trades job
will be required to take a standard skills assessment test to verify
qualification and aptitude for successful performance, and must hold any
applicable certifications.


 


2.       Successful
applicants will receive a rate of pay commensurate with their classification
and level of training.


 


3.       Successful
applicants will be trained on the shift where suitable training conditions
exist, and will be moved to the posted shift as soon as practical after
sufficient skill levels are reached.


 


4.       If the
employee is disqualified within a period of sixty (60) days, he shall return to
the original job classification he held at the time of the job award.  Such employee shall then be restricted from
bidding out of his classification for a period of six (6) months, except to
fill a position that would otherwise be sent out for hire.


 


5.       If an
employee disqualifies himself within a period of sixty (60) days, he shall
return to his original job classification he held at the time of the job
award.  Such employee shall then be restricted
from bidding out of his classification for a period of six (6) months, except
to fill a position that would otherwise be sent out for hire.


 


6.       In the
event work is transferred from one Work Group to another on a permanent basis,
the affected employees will be given the opportunity of moving with full
seniority to the new Work Group.


 


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7.       Every
six (6) months, the Company shall place in each Work Group a plantwide
seniority list.


 


8.       The
Company agrees when a vacancy exists within the bargaining unit for a higher
position or skill level (to include all promotion, upgrading, transfers and
reassignments), present employees will be considered for these positions before
new employees are added to the workforce. 
The Company will carefully and impartially consider the ability,
experience, past performance, interest demonstrated and any other
qualifications of the candidates for these vacancies in order of seniority.  The Company will give the applicant accepted
an appropriate opportunity to demonstrate his proficiency.


 


A)  The following procedure shall apply for
posting of open positions:


 


Post as job opportunity
(post for three (3) days plantwide).


 


Procedure to be followed
in making awards (plantwide):


 


a)              seniority


b)             skill
and ability


c)              plantwide
recall


d)             outside
hire


 


B)  Any interested employee may make application
by filling out a Job Vacancy Form in triplicate.  One copy shall be given to the Union and one copy to the Human
Resources Manager.  If the Company posts
an open position and later decides to withdraw the open position, it is
understood that the Union will be notified of such withdrawal.


 


9.                    Any
proposed mechanical aptitude or other test deemed necessary by the Training and
Education Committee, and individual results, will be reviewed with the Union
President or his designated substitute. 
Employees who are applicants for the open positions will be entitled to
repeat tests previously taken.  Senior
employees who pass the test will not supplant junior employees who have passed
previous tests and are in training.


 


10.              When
an opening exists on any shift, the most senior employee who currently
possesses the required skills on another shift, and who requests such shift
assignment, may transfer into the vacancy. 
Application for such transfer must be made within three (3) working days
of posting of the opening.


 


ARTICLE 14


LEAVE OF
ABSENCE


 


1.       Types
and Conditions of Leave


 


A. Personal Leave


 


A personal leave of
absence shall be understood to mean an absence from work without pay, requested
by an employee and consented to by the Company, covering an agreed period of
time and for reasonable cause.  The
Union shall be notified of any such leave prior to commencement thereof and of
any extension thereto.  Personal leaves
of absence will not be granted for the purpose of allowing an employee to take
another position temporarily, try out new work, or venture into business for
himself.


 


B. 
Union Leave


 


Upon written request by
the District Director, United Steelworkers of America or his designated
representative, a leave of absence not to exceed two (2) years will be granted
to members of the Union selected to work full time for the Union in an official
capacity.  Such leave of absence will be
without loss of seniority, but no other benefits shall apply during the term of
such leave.


 


Employees selected and
appointed as delegates to any Union meeting, conference or convention
necessitating a temporary leave of absence shall be granted such leave of
absence without pay and without loss of seniority.


 


Employees elected to
public office or appointed to non-civil service positions shall be granted a
leave of absence not 


 


10

















 


to exceed four (4)
years.  Neither seniority nor benefits
accumulate during the term of such leave.


 


Upon proper notification,
any two (2) employees assigned by the Union to engage in activity relevant to
political elections, will be excused from work on the day in question.


 


C. 
Sick Leave


 


An employee, who may
become ill or injured and qualify for non-occupational disability, and has
supported his absence with satisfactory evidence similar to that required under
the Company’s Family and Medical Leave policy, shall, upon application, be granted
an unpaid leave of absence.  The
employee must provide medical evidence of continued disability as required.


 


In all instances, upon
returning to work, a statement must be presented from a qualified physician
stating the employee is physically capable of performing his regular job
assignment.  The Company reserves the
right to obtain a second opinion from a qualified physician designated by the
Company and at the Company’s expense. 
The employee will return to his previous job provided work is available and
he has the seniority to do so.  If the
leave was an approved FMLA Leave for personal disability, he will return to his
previous job or a comparable job. 
Otherwise, he will be eligible to bump another job, subject to the
seniority provisions of this Agreement, and provided he has the skill and
ability to perform the work.


 


Employees on sick leave
will be removed from the active payroll. 
However, if an employee is not on the active payroll on 12/31 but
returns to work on or before 3/31 of the succeeding year and works at least
thirty (30) days in that year, that employee will be eligible for full vacation
benefits.


 


Employees on sick leave
for one (1) year or more will be taken off the payroll.  Those employees will not lose any rights to
life insurance or medical insurance, or any other accrued rights, and will be
reinstated at full accumulated seniority if and when they are able to return to
work.  However, for employees with less
than ten (10) years of service, all benefits will cease after one (1) year.


 


During the period in
which A&H benefits are paid, hospital coverage and life insurance will
continue.


 


D. 
Family and Medical Leave


 


It is understood that all
of the leave provisions herein shall be administered in a manner consistent
with an employee’s rights, if any, under applicable family and medical leave
statutes.  Likewise, it is the parties’
intent that the Company shall have the right to exercise any rights of an
employer under such applicable statutes.


 


E.             Maternity
Leave


 


Employees absent from
work due to pregnancy shall be granted sick leave as described above, provided
the required application, approvals, procedures and proof of medical disability
are followed as outlined in the Company’s FMLA Policy and conform to current
applicable laws concerning maternity absences. 
A leave of absence for pregnancy may be extended up to three (3) months
following delivery, without loss of seniority or service.  In all instances, upon returning to work
following a delivery, a statement must be presented from the family physician
stating the employee is physically capable of performing her regular job
assignment.


 


F.  Funeral Leave


 


An employee will be
granted three (3) days off with eight (8) hours straight time pay in the event
of a death in the immediate family for the purpose of arranging and attending
the funeral; the immediate family being mother, father, spouse, children,
brothers, sisters, half-brothers, half-sisters, sister-in-law, brother-in-law,
mother-in-law, father-in-law, son-in-law, daughter-in-law, step-parents,
step-children, grandparents and grandchildren. 
One (1) of these three (3) days may follow the funeral.


 


An employee will be given
one (1) day off with eight (8) hours straight time pay to attend the funeral of
a step-parent of a spouse.


 


If a death occurs in the
immediate family of an employee while he is on vacation, that employee will be
entitled to


 


11

















 


three (3) consecutive
days off immediately upon conclusion of the vacation period.


 


G.  Jury Duty


 


In case of jury duty, the
Company will make up the difference in pay between jury duty pay and straight
time pay by the Company for forty (40) hours per week.  Such compensation shall be payable only if
the employee gives the Company prior notice of such jury duty call and presents
proper evidence as to the jury duty performed.


 


The Company will pay up
to eight (8) hours for employees who lose time from work due to necessity of
going to the Courthouse either to qualify for or to be excused from jury duty.


 


If an employee is on jury
duty and death occurs in the immediate family, the employee will be covered
under terms outlined in Section 1(F) above.


 


If an employee is on jury
duty and is released for any reason, he shall have the option of reporting to
work or having an excused absence.  This
option may be exercised only one (1) day in any one (1) week period and only
after notification to the Company.


 


If an employee is on jury
duty and “daily” overtime is scheduled in that period, the employee will not be
entitled to work such overtime. 
However, that employee will be entitled to work overtime if it is
scheduled on a weekend.


 


H.  Military Leave


 


Any employee who is
required to attend Military Reserve Training encampment shall be excused from
work for up to two (2) weeks and shall be paid up to two (2) weeks the
difference between his military pay and what he would have earned while working
for the Company, up to a maximum of eighty (80) hours.  The employee must present proof of his gross
military pay before any payment is made.


 


All veterans of World War
II, the Korean War, or Vietnam or situations arising therefrom, who previous to
induction were employed by the Company and who have returned within ninety (90)
days after their discharge from War Service shall be compensated for any lost
time for medical checkup for injuries received in World War II, the Korean War,
Vietnam, or situations arising therefrom, so long as the maximum compensation
shall not exceed eight (8) hours in any thirty (30) day period.  Regulation governmental procedure shall be
obtained in certification of a veteran’s incapacity; proper governmental
identification in the form of documentary evidence shall be submitted to the
Plant Manager in such cases.  In the
circumstances of Malaria, such veteran would be treated in accordance with
governmental regulations by a physician duly appointed by the government.  The Company will comply with all existing
Federal and State statutes pertaining to veteran’s rights and benefits.


 


2.  Leave Provisions


 


A)   All requests
for permission to take personal leave of one week (5 days) or more shall be
submitted to the Human Resources Manager. 
Requests for less than one week (up to a maximum of ten (10) days per
year in the aggregate) may be submitted to the Work Group Facilitator.  Approval of such requests is at the
discretion of the Human Resources Manager or the Work Group Facilitator, as the
case may be.


 


B)    Employees
who are approved for Personal Leave, Union Leave, Sick Leave, Military Leave
(except for yearly two-week encampments), Family and Medical Leave and
Maternity Leave will be granted such leave without pay.


 


ARTICLE
15


OVERTIME


 


1.               The
contracting parties hereby agree that the normal work day shall be eight (8)
hours and that the normal work week shall be five (5) consecutive days,
commencing Monday and ending Friday.  It
is agreed that the present working schedule shall remain in effect, and that
any change in established schedules shall be decided in the Plant Council.  This shall not be construed as a guarantee
of hours of work per day or per week.


 


2.               Starting
times and shifts will remain in effect for the length of this contract.  Any change must be decided in the


 


12

















 


Plant Council.


 


3.               Curtailment
on a partial work group or plantwide basis will be as follows:


 


A)          The
Company representatives on the Plant Council will notify the Union
representatives on the Plant Council three (3) days prior to curtailment except
for circumstances beyond the control of the Company.


 


B)            On
a partial work group basis, work will be performed by immediately qualified
employees in line of seniority.


 


C)            If
curtailment exceeds five (5) consecutive days duration, the Company will then
revert to the layoff provisions of this contract.


 


D)           If
curtailment occurs for one (1) or more days in a work group, the Company will
attempt to place the affected employees in other work groups without
interfering with employees in those work groups.  An employee may also opt to take time off without pay or to use
vacation time.


 


4.               All
work in excess of eight (8) hours per day on any regular working shift or all
work in the work week in excess of forty (40) hours shall be paid for by the
Company at a rate of one and one-half (1 1⁄2) times the regular rate.


 


5.               All
work performed on Saturday shall be paid for at one and one-half (1 1⁄2) times
the employee’s regular hourly rate, and all work performed on Sunday shall be
paid for at two (2) times the regular hourly rate.  However, management will not be obligated to give Saturday and
Sunday work to any employee who has lost a scheduled day or more Monday through
Saturday of that week.  This shall apply
even though the employee may have worked less than forty (40) hours during the
regular work week.  Before an employee
is denied an overtime opportunity because of absence, the Work Group
Facilitator will contact the Human Resources Manager to prevent any unjust
application of this rule.


 


6.               A
holiday shall be counted as a day worked for purposes of overtime computation.


 


7.               When
in the judgement of management, overtime is required for a given work group,
the regular employees assigned to the work group shall be given preference over
other employees to accept such overtime, provided that they have the ability to
do the work available.  All reasonable
means will be employed to equalize overtime among shifts in a work group.  Any questions as to the qualifications or
capability of any employee or employees will be explained by the work group
facilitator to the work group representative. 
This paragraph does not apply to the skilled trades.


 


8.               It
shall be clearly understood that the responsibility for keeping the rotating
list up to date shall rest with the Union and further, that the Union will hold
the Company blameless for any grievance arising from the selection of workers
from the list, providing the selection of those persons whose turn it is to
work is according to the Union’s list. 
In the event of a mistake under this section, the employee affected
thereby shall be given an overtime makeup turn the next time overtime is
scheduled in this particular work group.


 


9.               The
Company agrees (overtime work not being compulsory) to schedule weekend
overtime by 11:00 AM on Thursday, except where an emergency makes such
scheduling impossible.  Whenever
possible, the list of employees to work weekend overtime shall be given to the
Company by the Union no later than 8:30 AM on the Friday immediately preceding
the scheduled overtime.


 


10.         Where
a work group or any employee in the work group has been on an overtime basis,
an employee will receive eight (8) hours notice, wherever practical, before
returning to his regular shift.


 


11.         Proper
notification of overtime will normally be four (4) hours after the start of the
shift unless the Plant Council agrees otherwise.


 


12.         When
overtime is to be worked within a work group, employees who possess the
required skills will be canvassed on a seniority basis.


 


13.         If
an employee is scheduled for overtime on Saturday or Sunday and reports for
duty, he shall receive pay for no


 


13

















 


less than four (4)
hours work.  If the employee is
transferred to other work on overtime, he shall be guaranteed eight (8) hours
work at the appropriate rate of pay.


 


14.         Employees
who are called back to work after the end of their regularly scheduled shift
will be guaranteed a minimum of four (4) hours pay at the appropriate overtime
rate.  However, when any callback
results in consecutive hours worked just before the employee’s regularly
assigned shift those hours will be paid at the appropriate rate and hours after
the start of the scheduled shift will be paid on a straight time basis.


 


15.         When
an employee is transferred from one work group to another work group, he shall
be afforded the opportunity to work any scheduled overtime in the work group to
which he was transferred.  In the event
that no overtime is scheduled in that work group, he is eligible to accept
overtime in the work group from which he was transferred.


 


16.         The
parties also recognize the need in many cases for special exception overtime
agreements, which are to be entered into promptly in writing between the
members of the Plant Council.  The
present exception agreements shall remain in effect unless otherwise changed
within the Plant Council.


 


17.         Overtime
may be worked in a Work Group where layoffs exist.  If the overtime exceeds 50% of total hours worked in two (2)
consecutive weeks in such Work Group the Company will immediately recall at
least one (1) employee per week for the duration of the overtime.


 


ARTICLE 16


WAGES
AND OTHER COMPENSATION


 


1.               Effective October
25, 1999, a general increase of  $.60
will be applied to all individual rate of pay of each member of the bargaining
unit.  Employees who are not on the
active roll at the time of the general increase will receive the increase
adjustment at the time they return to the active roll.


 


2.               Effective October
23, 2000, a general increase of $.30 will be applied to the individual rate of
pay of each member of the bargaining unit. 
Employees who are not on the active roll at the time of the general
increase will receive the increase at the time they return to the active roll.


 


3.               Effective October
22, 2001, a general increase of $.15 will be applied to the individual rate of
pay of each member of the bargaining unit. 
Employees who are not on the active roll at the time of the general
increase will receive the increase adjustment at the time they return to the
active roll.


 


4.               Classifications and
Pay for Knowledge and Skills


 


A)          The current
classification system will remain in effect until such time that the Plant
Council institutes a pay for knowledge and skills system, at which time
Appendix A will go into effect.


 


B)            The Training and
Education Committee will consult with all interested parties and will prepare a
written report, surveying the skills and knowledge currently possessed by the
employees in the bargaining unit.


 


C)            The new system will
consist of four classifications:


 


Production


Skilled Trades
(Maintenance)


Skilled Trades (Tool
Room)


Skilled Trades
(Electronic Technician)


 


Furthermore, within each
classification, there will be four levels of training:


 


Basic


Core


Intermediate


Advanced


 


14

















 


Training will be provided
in each level, as necessary and as determined by the Training and Education
Committee in consultation with the Work Groups and with final approval by the
Plant Council.


 


D)           Each employee assigned
to a Work Group will be required to complete the Basic and Core levels of
training for that group.  Intermediate
and Advanced level training shall be voluntary.  However, if management of the Work Group determines that
insufficient intermediate and advanced levels of training are available within
the Group, it may resort to necessary measures, which may include transfers.


 


E)             The
four-classification and pay for knowledge and skills system is designed to
create greater flexibility and efficiency, and is not designed to reduce the
work force.   Management of the Work
Groups will be free to assign employees in accordance with the knowledge and
skill levels they have attained.


 


ARTICLE 17


NEW
PRODUCTS


 


1.       The
Company has the discretion to manufacture different products, new to the plant,
and may create a new Work Group or otherwise staff the production of such
product by means of recalling or rehiring experienced employees or by means of
new hires.  If the Company believes that
the skills and/or knowledge needed to produce such product on an efficient and
profitable basis are substantially different than the skills and knowledge in
the existing Work Groups:


 


A)          The Company will install
a wage range for the positions;


 


B)            The wage range will be
explained in the Plant Council with the object of obtaining a consensus
agreement.  The wage program may be
installed by the Company without a consensus agreement in the Plant Council
subject to adjustment as provided below;


 


C)            When a wage range is
installed, the Union may process the issue in accordance with Article 24 below,
including submission to arbitration of a grievance alleging that such does not
bear a fair relationship to the wage structure in the plant.  The decision of the arbitrator, if any,
shall be effective as of the date when the employee(s) commenced manufacturing
such different product.


 


ARTICLE 18


SHIFT PREMIUM


 


1.       A shift
premium of 5% of the regular hourly rate will be paid to all employees whenever
they are assigned to and working on the afternoon and night shifts for the life
of the contract.  Employees are expected
to start on time and work until the end of their scheduled shift.


 


2.       Where
scheduled variations from the regularly scheduled shifts occur, the jobs
involved will be considered as falling on the shift on which a major part of
the job is worked.


 


3.       Shifts
shall be identified as follows:


 


A)   Day Shift -
(“A” Shift)


When the majority of
hours on an employee’s regularly assigned shift shall fall between 7:00 a.m.
and 3:00 p.m., inclusive, he shall be considered as working on the Day Shift.


 


B)    Afternoon
Shift - (“B” Shift)


When the majority of
hours on an employee’s regularly assigned shift shall fall between 3:00 p.m.
and 11:00 p.m., inclusive, he shall be considered as working on the Afternoon
Shift.


 


C)    Night Shift
- (“C” Shift)


When the majority of
hours on an employee’s regularly assigned shift shall fall between 11:00 p.m.
and 7:00 a.m., inclusive, he shall be considered as working on the Night Shift.


 


15

















 


ARTICLE 19


TEMPORARY TRANSFERS


 


1.               An
employee may be transferred into another Work Group temporarily if there is a
greater need in that Work Group or if there is a lack of work in the other Work
Group.  If a disagreement arises between
the two Work Groups regarding the appropriateness of the transfer, the matter
will be referred to the Plant Council for immediate action.  The transferred employee shall receive the
rate of pay of the skill level which he has attained and will be given a
transfer slip.


 


2.               If
senior employees are involved, they may displace junior employees in the Work
Group, providing they possess the skill level required to perform the job, and
the junior employee will be transferred.


 


3.               Transfers
may be made for daily absenteeism within a Work Group and may continue for up
to five (5) working days.  If the
absence of any employee should exceed five (5) working days, the matter will be
referred to the Plant Council for action.


 


4.               When
layoffs are necessary, transfers may be made from one Work Group to another
providing no layoffs exist in the Work Group to which transfers are being
made.  However, such transfers are
permitted to cover temporary vacancies (a) due to vacation or disability, (b)
to respond to emergencies, or (c) where employees on layoff do not possess the
skills necessary to perform the work in question.  In the case of (a) or (b), the transfer shall not exceed one (1)
week unless the Plant Council gives its consent.


 


ARTICLE 20


VACATIONS


 


1.               The vacation year
shall begin on January 1 and end December 31. 
Each employee who is on the payroll on December 31 of any year shall be
entitled to receive his full vacation benefits in the ensuing year,
notwithstanding the fact that his services may have been terminated in the ensuing
year prior to the receipt of vacation pay.


 


2.               Employees not on
the active payroll as of December 31, but who become active after December 31,
due to recall or return from a Company approved leave of absence, will be
entitled to vacation benefits for each month of service in the current vacation
year.


 


A)          In cases of employees
with less than one year’s service, vacation benefits will be prorated as
mentioned above, except that employees with less than six (6) months’ service
will not be entitled to vacation benefits.


 


B)            If any employee elects
not to return to his work group in which he formerly worked when called by the
Company after a layoff, the employee loses the right to the vacation privilege,
unless he was on the active payroll the previous December 31, in which case he
will be paid his full vacation benefit.


 


C)            All employees
returning from layoff to a permanent job who have been paid vacation benefits
in the current year, will be entitled to take equivalent time off without pay,
except such employees must work at least one month immediately upon return from
layoff.


 


D)           When an employee is
laid off, he will receive all vacation benefits due at the time of such layoff.


 


3.                    Vacation
benefits for employees hired on or before October 22, 1999 shall be as follows:


 


	
  Accredited Service Prior to

  12/31 of Vacation Year

  	
   

  	
  Vacation

  
	
  1 year less than 3
  years

  	
   

  	
  1 week 1 day

  
	
  3 years less than 5
  years

  	
   

  	
  1 week 4 days

  
	
  5 years less than 7
  years

  	
   

  	
  2 weeks 1 day

  
	
  7 years less than 9
  years

  	
   

  	
  2 weeks 2 days

  
	
  9 years less than 11
  years

  	
   

  	
  2 weeks 4 days

  
	
  11 years less than 13
  years

  	
   

  	
  3 weeks

  



 


16

















 


	
  13 years less than 15
  years

  	
   

  	
  3 weeks 1 day

  
	
  15 years less than 20
  years

  	
   

  	
  4 weeks

  
	
  20 years less than 25
  years

  	
   

  	
  5 weeks 1 day

  
	
  25 years and over

  	
   

  	
  5 weeks 3 days

  



 


A)          Employees
hired on or after October 23, 1999 will receive a maximum of four (4) weeks
vacation based on the accredited service schedule above.


 


4.                    Vacation
pay for each eligible employee will be computed on the basis of a forty (40)
hour week at straight time for the highest rate paid for the majority of the
time worked between January 1 and June 1. 
The vacation pay for an employee taking his vacation prior to June 1
will be based on his highest rate for the majority of time worked from January
1, until he applies for his vacation. 
Vacations taken after June 1 will be paid at the employee’s current
rate.


 


A)          The Company agrees to
pay the employee his vacation pay at the time the employee takes his vacation
between January 1 and December 31. 
It is provided, however, that the employee will receive his vacation pay
on a regular pay date and that one week’s notice be given in advance of such
pay date.


 


B)            The Company agrees to
pay employees only when the vacation is taken. 
Any employee who is scheduled for a vacation and works during that
scheduled vacation will receive their vacation pay in addition to pay for
actual time worked in lieu of additional time off.  This forfeiture will not apply if prior agreement has been made.  Any employee who is scheduled for vacation
may not change such vacation except by mutual agreement between the Company and
the Union.


 


C)            An employee will
receive vacation pay for each individual day he charges to vacation.


 


D)           An employee who desires
vacation by seniority must request such vacation by March 1.  If an employee does not follow the above
procedure, the Company will assign his vacation.


 


E)             Individual holidays
cannot be charged as vacation days.  The
only exception will be where the holiday, or holidays, fall within the
employee’s scheduled vacation week.  In
these instances, the employee will receive his holiday pay.


 


F)             Employees who honor
their military reserve commitments in conjunction with their vacation time are
not entitled to reserve make up pay.


 


G)            Between the dates of
January 1 and June 1, and September 15 and December 31, an employee may split
his vacation week into days.


 


5.                    Any
employee who shall have worked a full month or any fraction thereof shall be
given credit for the full month in computing earned vacation time on a prorated
basis.  An employee who returns from
layoff or is hired on or before the 15th of the month shall be given
full credit for that month.


 


6.                    Vacations
will be scheduled by the Work Group and approved by the Work Group Facilitator
in accordance with production requirements.


 


A)          Employees
with the greatest seniority within a Work Group will be given preference in
scheduling vacation.


 


B)            The
right of the Company to shut down for two (2) consecutive weeks of mandatory
vacation anytime from July 15 to August 15 is recognized by the Union.  In addition, the Company has the right to
schedule a vacation shutdown during the final week of the year (i.e. between
Christmas Eve and New Year).  The
Company will notify the Union of the three (3) weeks shutdown by February 1 of
the vacation year.  Any function
pertaining to inventory during that shutdown would be performed by individuals
in the Work Group where the inventory is to take place by seniority.


 


C)            If
there is work to be performed in a Work Group during the vacation shutdown,
employees in the Work Group without eligibility for the scheduled shutdown
weeks of vacation will be canvassed for the work 


 


17

















 


on a seniority
basis.  If more employees are necessary,
the jobs will be filled by employees on a seniority basis in the Work Group
where the work is needed.  Should the
employee requirements remain unfilled, additional employees will be canvassed
from the master seniority list on a plantwide basis.  Employees who work during the vacation shutdown period may
request alternative vacation time off, by seniority and scheduled by the Work
Group, with Work Group Facilitator approval, in accordance with production
requirements, provided each such request is submitted during the vacation
shutdown period.  Thereafter, requests
for alternative vacation time off shall be acted upon in the order received.


 


7.                    The
vacation schedule shall be posted on or before January 15.  This schedule will give the amount of hours
the employee has for the vacation year.


 


A)          The
vacation schedule as to the employee’s choice of vacation shall be posted in
each Work Group by April 1.


 


B)            Each
Work Group shall be responsible for posting its own vacation schedule by April
1.


 


8.                    Any
employee who is on vacation for a full week shall not be eligible for overtime
assignment during any weekday or weekend falling within such vacation period.


 


9.                    In
the event of death of any employee who was eligible for a vacation but did not
use his vacation, the amount of vacation pay to which he would have been
entitled shall be paid to his surviving spouse or legal representative in
accordance with the laws of his state of domicile at the time of death.


 


10.              An
employee shall be permitted one instance per year of post dating a vacation day
if 24 hours notice is given, except in the case of an emergency, in which case
the 24 hour notice will be waived. 
Thereafter, for the remainder of the year, an employee shall only be permitted
to post date vacation days when approved by the Work Group and the Work Group
Facilitator.  No post dating will be
permitted in the period between June 1 and September 15.


 


11.              Any
employee who is absent from the Company due to sickness or personal leave of
absence may opt to take vacation money in lieu of time off.


 


12.              Any
exception to section 11 above must be agreed upon by the Company and the Union.


 


ARTICLE 21


HOLIDAYS


 


1.                    The
following holidays shall be recognized as paid holidays for all hourly
employees (such holiday time to be from 12:01 AM to 12:00 midnight of said
holiday):


 


	
  Good Friday

  	
   

  	
  Labor Day

  
	
  Easter Monday

  	
   

  	
  Thanksgiving Day

  
	
  Memorial Day

  	
   

  	
  Day after Thanksgiving

  
	
  Independence Day

  	
   

  	
  Three Holidays to be
  designated at Year’s End

  



 


2.                    Hourly
rate employees covered by this Agreement shall receive eight (8) hours pay at
their regular rate, including night shift bonus, for each of the above
holidays, no work being required.


 


3.                    When
any of the above holidays shall fall on Saturday, the preceding Friday shall be
observed in lieu thereof as a paid holiday. 
When any of the above holidays shall fall on Sunday, the Monday
following shall be observed in lieu thereof as a paid holiday.  When the Christmas holidays fall on Friday
and Saturday, Thursday and Friday will be observed as the holidays.  Should the Christmas holidays fall on Sunday
and Monday, Monday and Tuesday will be observed as holidays.


 


A)          An
employee who works on any one of the above mentioned holidays shall be paid at
double time the regular established rate for hours worked plus his holiday pay.


 


18

















 


B)            A
holiday which occurs during an employee’s vacation shall not affect the period
of vacation and the employee in such cases will return to work at the beginning
of the regular work week rather than a day later.  When a paid holiday occurs while the employee is on vacation, he
will receive the holiday pay in addition to vacation pay.  If a holiday occurs during an employee’s
vacation week, the employee may have the privilege of taking the day at a later
time – the day to be agreed upon by the Company and the individual involved.


 


C)            A
holiday shall be counted as a day worked for purposes of overtime computations.


 


4.                    To
be eligible for holiday pay, an employee must work that first scheduled workday
after the holiday unless he has been excused by the Work Group Facilitator or
is absent for reasonable cause.  Any
employee who is absent forty-five (45) days or more prior to any of the above
holidays shall not be entitled to pay for such holiday.


 


5.                    Any
new employee or former employee of the Company who quits his job, or was
discharged must, if rehired, be on the payroll for sixty (60) days before
becoming eligible to receive holiday benefits.


 


ARTICLE 22


SAFETY
AND HEALTH


 


1.                    The
Company recognizes the importance of taking every reasonable precaution to
promote and protect the health and lives of its employees and hereby agrees:


 


A)          To
abide by and maintain to the best of its ability sanitation, safety, health and
satisfactory working conditions which comply with applicable Federal, State and
County and Municipal laws and regulations; to maintain a clean, properly
lighted, heated and ventilated factory with approved safety devices; first aid
and sanitation facilities as are necessary to promote the health, safety and
general welfare of its employees.


 


B)            That
no employee shall be required to perform any work which will seriously endanger
his personal safety or health, provided, however, that to be justified in
refusing to perform work, an employee must be able to show that he has a
reasonable basis for believing the work involved would seriously endanger his
personal safety or health.


 


2.                    If
an employee is injured while working on the job, his pay shall continue during
the normal scheduled work hours while he remains on the plant premises.  If an employee is sent from his job to a
physician to receive medical attention because of an injury on the job, he shall
be paid for all lost time, not to exceed eight (8) hours. If it becomes
necessary, the Company shall provide quick, comfortable transportation to the
doctor or hospital or home.


 


A)          When injured on the job,
employees must use the medical facilities made available by the Company for all
services in connection with the injury for a minimum of the first ninety (90)
days of treatment.  The initial
appointment must be scheduled by Human Resources, except in the event of an
emergency.  Any employee who bypasses
the Company facilities will act on his own responsibility insofar as the
expense involved.


 


B)            The Company may elect
to provide work for ill or injured employees that meets the physical
restrictions outlined by the Attending Physician.  If the decision of the Attending Physician is disputed, the
employee shall submit to an examination by a physician selected by agreement of
the parties.  That physician’s decision
will settle the issue.


 


C)            Light duty work as
provided for compensable injury employees is not limited to any specific
area.  This provision will not deprive
any active employee of a work opportunity, upgrade or promotion nor cause the
layoff of any active employee or block the recall of any employee on
layoff.  Where the Union can show
evidence that a light duty employee is used in violation of the above, such
employee will be removed.  The Plant
Council will be notified when a light duty person is assigned.


 


3.                    There
shall be a health and safety committee in the plant composed of one (1) member
to be appointed by 


 


19

















 


Management and one
(1) member to be appointed by the Union. 
It shall be the duty of the committee to make a thorough and complete
survey of the plant weekly for the purpose of listening to any investigation of
complaints relating to health, safety and working conditions, ascertaining
whether conditions exist which are dangerous to the health and safety of the
employees.  There is to be no exception
to this rule unless it is agreed upon by the Plant Council.  Any such conditions shall be reported to the
Facilitator of the Work Group and Work Group Representative shall be advised so
he may check to see that correction is made as soon as possible.  If, in the opinion of the Work Group Representative,
proper remedial steps are not taken, then it shall be his duty to report such
condition to the Area Grievance Committeeman of the Union.


 


No discriminatory or
punitive action shall be taken by the Company or its representatives against a
Work Group Representative who performs his duties herein imposed in good
faith.  In case of any serious accident,
all members of the Plant Safety Committee will be immediately notified and
thorough examination shall be made by the full plant committee.  From time to time a representative of the
Workers’ Compensation Insurance Carrier shall attend the safety meeting.


 


A)                                  Safety
meetings shall be conducted on a monthly basis.


 


4.                    The
members of the Health and Safety Committee shall receive their regular hourly
wages for time away from their regular scheduled duties while on inspection
tours or meetings.


 


5.                    An
employee who is permanently unable to perform his regularly assigned job as a
result of a Company incurred disability may apply for permanent transfer
subject to the following conditions: 
The search by the Company for an appropriate job must begin by reviewing
jobs held by employees with less than three (3) years seniority and continuing
the search at yearly intervals.  In no
event may the applicant displace an employee with more Company seniority.  An employee transferred under this section
relinquishes recall rights to his former Work Group and he carries his full
Company seniority into the Work Group where he is placed.  The search will be conducted by the Work
Group, and failing successful placement, the search will be continued on a
plantwide basis.  The Workers’
Compensation Chairperson shall participate with the employee and the Company in
all compensable job searches and receive a copy of such results.


 


6.                    If
an employee is disabled as the result of a non-compensable accident, or suffers
a health problem that makes it impossible for him to perform his normal duties,
the Company will attempt to place him in another job within his capabilities
seniority permitting.  Whether the
employee’s disability is considered temporary or permanent will be determined
by the appropriate Union and Company representatives.


 


7.                    An
employee who has, as a result of a Company incurred injury, suffered the loss
of an eye or the equivalent of complete amputation of an essential body member,
may apply for preferred seniority on his regularly assigned job, as long as he
is physically able to perform the duties thereof.  If the injury prevents his efficient performance on his regularly
assigned jobs, he may request a transfer, whereupon the Company will attempt to
place him in a job commensurate with his skill and physical capability.  An application approved under this section
shall mean that the employee shall not be subject to displacement as long as he
is physically capable of efficiently performing the duties of that job.


 


ARTICLE 23


UNION
FACILITIES


 


No notices of Union
matters are to be posted on Work Group bulletin boards.  The Company shall install bulletin boards
within the plant for posting by the Union of announcements covering Union
matters.


 


ARTICLE 24


DISPUTE
RESOLUTION


 


1.                    If
any differences arise between the Company and the Union as to the meaning or
application of any provision of this Agreement, or as to its compliance by
either party with any of its obligations under this Agreement, such difference
shall be settled in the following manner:


 


STEP 1:


1.          An oral discussion of
the difference must take place between the employee and his Work Group
Facilitator 


 


20

















 


with the Union
Representative.  The Work Group
Facilitator must give his answer within twenty-four (24) hours.


2.          If
the difference remains unsettled, the grievanceman or his substitute may be
called to discuss the matter further, and if no settlement is reached, then
within seven (7) days the employee may present the grievance in writing to his
Work Group Facilitator through his Union Representative.  A written answer must be given by the Work
Group Facilitator within seventy-two (72) hours.


 


STEP 2:


1.               Any
grievance not settled under Step 1 shall, within ten (10) days from the date of
the Work Group Facilitator’s answer, be heard by the Step 2 Grievance
Committee.


2.               The
Union Step 2 Committee shall consist of the Grievance Chairman, the Area
Grievanceman, and the Shop Steward involved. 
Designated substitutes for any of the above are permitted.  The Union may call upon the aggrieved and
any witnesses the Union deems advisable.


3.               The
Company Step 2 Committee shall consist of the Human Resources Manager and one
other member of management, or their designated substitute.


 


STEP 3:


1.               Any
grievance not settled under Step 2 shall, within ten (10) days from the date of
the Work Group Facilitator’s answer, be heard by the Plant Council.


2.               Either
party may call a reasonable number of witnesses.


3.               The
Union’s Area Staff Representative may attend.


4.               In
case of postponement of a third step meeting by either party, such meeting will
be rescheduled by mutual agreement of the parties.


 


STEP 4:


1.               Grievances
which have not been satisfactorily settled in Step 3 may be filed by the Union
for arbitration within ten (10) days following receipt of the Company’s Step 3
answer.


2.               If
the Union submits the matter to arbitration, it shall be referred to the
American Arbitration Association, and an arbitrator appointed according to the
procedure of that association.  The
decision of the arbitrator shall be final and binding on all parties.


3.               The
cost of arbitration shall be divided equally between the Union and the
Company.  No arbitrator shall have the
right to add to, subtract from, or in any way modify the provisions of this
Agreement.


 


2.       Except
for grievances involving seniority, all grievances must be filed in writing
within thirty (30) days of the event which led to the grievance.  In cases of grievances involving retroactive
pay, retroactivity shall in no case exceed a period of more than thirty (30)
days prior to the date of the filing of the grievance, except for arithmetical
errors in calculating pay.


 


3.       Any
Union member who is discharged or suspended for disciplinary reasons by the
Company may enter a complaint in writing within one (1) calendar week of the
date of discharge or suspension and shall take precedence over other issues
pending in the grievance procedure.  A
hearing for the discharged or suspended employee will be held within
twenty-four (24) hours of the Union’s request for such a hearing, and all
parties involved in Step 3 grievances will attend.


 


A)          If
disciplinary action is taken against an employee on the night shift and no
Union representative is present, the Company will notify the proper Union
representative on the following shift.


 


B)            Should
it be decided that an employee has been discharged or suspended without just
cause, such employee will be reinstated without loss of seniority and shall be
paid for all the hours he would have worked, less any deductions required by
law.


 


C)            If
the Company fails to hear a step 1 or step 2 grievance within the contractual
time limits, the grievance will move automatically to the next step of the
grievance procedure.


 


4.       The  Company agrees to continue
the past practice of paying for a reasonable amount of straight time lost in
the grievance procedure.


 


21

















 


5.       Grievances pertaining to
safety and health will automatically be inserted in step 3 of the grievance
procedure.  Any such grievance will be
heard within one (1) week of submission.


 


6.       Second step grievances
will be scheduled as follows:


 


1st Shift –
any time during the shift.


2nd Shift –
2:00 PM or later.


3rd Shift –
initial grievance prior to 8:00 AM


 


7.       Union officials will
notify their Work Group Representatives when they leave their jobs to conduct
Union business. Further, they will provide their Work Group Representatives
with the approximate time needed.


 


ARTICLE 25


LIVING
AGREEMENT


 


In keeping with our
Philosophy Statement, this is a “Living Agreement.”  As a “Living Agreement,” both the Union and Management understand
that there may be issues that arise during the implementation of this Agreement
that have not been addressed or discussed during bargaining.   However, it may only be modified through
consensus of the Parties.


 


ARTICLE 26


INSURANCE


 


The Company agrees to
maintain the following Group Health and Welfare insurance plans which provide
eligible employees and dependents with non-occupational medical benefits,
dental benefits, life insurance, accidental death and dismemberment insurance
and disability income in the event of non-occupational accident or sickness, as
well as certain benefits for retirees.


 


1.                    Insurance
Benefits – Active Employees


 


A)          Group
Life Insurance and Accidental Death and Dismemberment Insurance in the amount
of $9,000 up to age 70.  Effective
December 1, 1999, each employee’s coverage shall be increased to $12,000 for
eligible active employees.


 


B)            Medical
coverage will be provided to active employees and their eligible dependents
through the current group medical insurance plans.  Effective January 1, 2000, all active employees and their
eligible dependents will be covered by the Aetna US Healthcare Patriot X Plan
or its equivalent.


 


C)            Dental
coverage shall be provided to employees and their eligible dependents through
the current Cigna Dental Plan or its equivalent.


 


D)           An
employee hired after October 26, 1996 will pay $9 per week toward medical
insurance for an individual and $15 per week for a family.


 


E)             The
medical insurance coverage described in section B above will be provided to
active employees and their eligible dependents and to retired employees under
age 65 and their eligible dependents under age 65 at no cost.  However, the Company’s premium cost
obligation is limited to the rates effective from January 1, 2000, through
December 31, 2000.  Thereafter, if the
Company receives a premium rate increase for the Aetna US Healthcare Patriot X
Plan, the parties will meet to discuss a modification of plan or alternative
plans which might avoid the increased cost. 
If no agreement is reached, any monthly premium increases over and above
the rates effective from January 1, 2000, through December 31, 2000, must be
paid by such active employee or retiree under age 65, by means of weekly
premium copayments not to exceed $5.00 per week for single coverage and $10.00
per week for family coverage, as the case may be, in order to be eligible for
continued coverage in the Patriot X Plan. 
In the case of active employees, payment shall be by payroll
deduction.  The obligation to make
weekly payments in this section shall not apply to employees hired after
October 26, 1996, whose copay obligations are spelled out in D above.


 


F)             For
disabilities commencing after December 1, 1999, $225 per week beginning with
the first day of 


 


22

















 


accident, or the eighth day in the event of
sickness.  Benefits will be payable up
to a maximum of 52 weeks for each disability. 
Indemnity papers will be renewed monthly if no definite date of return
is given by the doctor.


 


2.                    Insurance
Benefits – Retirees


 


A)          Present
pension retired employees under age 65 and any employee who retires before age
65 under the provisions of the Pension Plan are eligible to continue coverage
under the HMO plan described in section 1B above for themselves and eligible
dependents under age 65.


 


B)            Any
employee who retires on or after the effective date of this Agreement, at age
65 and over with ten (10) years or more accredited service, shall be eligible
for coverage under an Aetna US Healthcare Medicare Risk HMO Plan.  Any such employee will have benefits capped
at whatever the cost of those benefits was on November 1, 1999, or $350 per
month, whichever is higher.


 


C)            Spouses
of retired employees are also eligible for coverage under the terms of section
2A above until they reach age 65 and under the terms of section 2B above after
they reach age 65.


 


D)           Employees
who retire on or after March 1, 1997 shall be provided with Group Life
Insurance in the amount of $2,000.


 


3.                    Insurance
Plans – General


 


A)          The
benefits listed above take effect on the dates indicated for active employees
and become applicable at the increased rates to employees on any leave of
absence only upon their return to active employment after the respective change
dates listed above.


 


B)            Should
a statute be enacted making mandatory benefits of the same or similar nature as
covered in any manner of this Plan, such statutory benefits shall not be
pyramided, but shall be offset against any benefits payable under this Plan,
and it may be necessary for us to adjust our Plan in accordance with such
statute or statutes.


 


C)            This
Plan is subject to the insurance industry’s coordination of benefits provision
(also referred to as a non-profit, non-duplication provision) as set forth in
the applicable master contracts.  The
purpose of this provision is to permit an individual who is insured under more
than one group insurance plan to receive from all plans no more than 100% of
his allowable medical expenses.


 


D)           More
complete details, including eligibility requirements, will be published in a
separate booklet which will be issued to each employee.


 


ARTICLE 27


PENSION
BENEFITS


 


1.                    A
pension plan has been provided in an agreement which is separate and apart from
this Agreement.


 


2.                    Employees
who retire shall be paid a lump sum retirement benefit of $1,500 provided that
they have had at least ten (10) years of Company service and reached age
sixty-five (65).  Employees with at
least ten (10) years of Company service who retire between the ages of fifty-five
(55) and sixty-five (65) under the 55/30, early, or disability retirement
provisions of the Pension Plan will receive a reduced lump sum benefit in
accordance with the following:


 


	
  At Least

  	
   

  	
  Attained Age Less Than

  	
   

  	
  Amount

  
	
  55

  	
   

  	
  56

  	
   

  	
  $

  	
  750

  
	
  56

  	
   

  	
  57

  	
   

  	
  $

  	
  800

  
	
  57

  	
   

  	
  58

  	
   

  	
  $

  	
  850

  
	
  58

  	
   

  	
  59

  	
   

  	
  $

  	
  900

  
	
  59

  	
   

  	
  60

  	
   

  	
  $

  	
  975

  
	
  60

  	
   

  	
  61

  	
   

  	
  $

  	
  1050

  
	
  61

  	
   

  	
  62

  	
   

  	
  $

  	
  1125

  
	
  62

  	
   

  	
  63

  	
   

  	
  $

  	
  1200

  
	
  63

  	
   

  	
  64

  	
   

  	
  $

  	
  1300

  
	
  64

  	
   

  	
  65

  	
   

  	
  $

  	
  1400

  



 


23

















 


It is understood that the
lump sum retirement benefits shall be payable in addition to any vacation
payments that may be due an employee at the time of his retirement.


 


3.                    Employees
who retire with thirty (30) or more years of Company service will receive a
lump sum retirement benefit of $2000.


 


4.                    Employees
who retire on or after March 1, 1997 shall be provided with Group Life
Insurance in the amount of $2000.


 


5.                    Effective
December 1, 1979, an employee with thirty (30) years or more of accredited
service may retire, at any age, and receive a pension without actuarial
reduction.


 


6.                    The
present minimum pension formula shall be improved by increasing the pension per
month per year of service from $27 to $30 effective for retirements on or after
November 1, 1999.


 


7.                    The
35-year maximum service limitation used to compute the pension benefit will be
removed for those employees retiring on or after December 1, 1977.


 


8.                    A
monthly benefit will be paid to any eligible surviving spouse of any active
employee with at least 15 years of accredited service who dies on or after
December 1, 1977 at any age, and has not retired.


 


A)          A
person shall be considered a surviving spouse only if married one year, and
immediately after the employee’s death, such person is a widow or widower of
such employee within the provisions of the Social Security Act.


B)            Amount
of benefit – the amount payable to an eligible surviving spouse will be:


a.               50%
of the employee’s normal retirement pension or $100, whichever is higher, for
any month before the month in which the surviving spouse reaches age 60.


b.              50%
of the employee’s normal retirement pension less 50% of the widow’s (or
widower’s) Social Security benefit or $50, whichever is higher, for each month
after the surviving spouse reaches age 60.


c.               As
used above, normal retirement pension means the benefit calculated assuming the
employee had retired on the date of his death at age 65.


C)            The
first payment of any surviving benefit starts at the end of the month following
the month in which the active employee dies, provided proper and timely
application is made by the surviving spouse. 
If timely application is not made, retroactive payment of surviving
spouse’s benefit is limited to six (6) months.


D)           The
surviving benefit shall cease the last day of the calendar month in which the
surviving spouse shall die or the last day of the calendar month in which the
surviving spouse remarries.


 


9.                    More
complete details will be published in a separate booklet to be furnished to
each employee.


 


ARTICLE
28


WAIVER
OF ANY CLAUSE


 


A waiver of any clause in
this contract does not mean a permanent waiver.


 


ARTICLE 29


GOOD FAITH


 


1.                    This
Agreement has been entered into in good faith by the parties hereto and each
party agrees that it will carry out this Agreement to the best of its ability
so that harmony and cooperation between the Company and the Union and the
employees covered by this Agreement will prevail for the duration of the
Agreement.


 


24

















 


2.                    The
Union agrees to maintain quality standards as established by the Company in the
attainment of full production and efficiency, and to that end, the Union agrees
to observe all rules of the Company not inconsistent with this Agreement.


 


3.                    It
is the expressed desire of the Company and the Union that the procedure
outlined in this Agreement for the settlement of disputes will serve the
purpose of effecting a peaceful settlement of all disputes that may arise
during the lifetime of this Agreement. 
To that end the Company agrees that so long as the Agreement is in
effect, it will not lock out any employees in connection with a labor dispute.


 


4.                    The
Union agrees that so long as this Agreement is in effect, it will not call,
cause or sanction any strike, slowdown or stoppage of work during the lifetime
of this contract.  The Union further
agrees that with respect to any strike, slowdown or stoppage of work during the
lifetime of this contract, the Company may discharge or otherwise discipline
any participating employees and such discharges or other forms of discipline
shall not be the subject of a grievance by the Union, except on the grounds
that the employee or employees did not participate in any activity prohibited
by this section.


 


5.                    It
is further understood that in the event of any prohibited activities on the
part of any employee which is not called, caused or sanctioned by the International
or Local Union, there shall be no liability on the part of the International or
Local Union, its officers or agents on account of such activity.


 


ARTICLE 30


GENERAL


 


A.           Effective
on all pay as heretofore, the City Payroll Tax will be deducted from the weekly
pay of each employee, and be paid by the Company to the Receiver of Taxes, of
the City of Philadelphia, in accordance with the City Payroll Tax Law at
present in effect.  The amount of this
deduction shall be shown on each employee’s pay envelope each week.


 


B.             If
an employee resigns after having been absent, his resignation will be
considered to have taken place the last day worked, without waiver of
intervening rights.


 


C.             The
Union agrees that during the life of this Agreement, it will not interfere with
production or permit any of its members to interfere with production or
production rates, providing such rates are reasonable, just and not detrimental
to the safety of the employee.


 


D.            The
Work Group Facilitator may perform such work normally under his jurisdiction
and direction as is necessary, (1) to maintain an uninterrupted flow of work
and normal Work Group efficiency, (2) to train employees, and (3) to relieve
bottlenecks in production.  This Article
shall not limit the Work Group Facilitator in performing other similar work
which is a part of his regular duty as Work Group Facilitator, so long as doing
such work does not affect the work opportunities of those employees under
him.  Members of the bargaining unit
will not perform salary jobs nor will salary people perform bargaining unit
jobs, except where bargaining unit employees are asked and refused.


 


E.              The
Union recognizes that it is necessary for the Company to issue rules from time
to time governing the conduct of employees and that it is the duty of each
employee to familiarize himself with such rules and regulations.  This does not constitute acceptance by the
Union of any specific rules not in compliance with the provisions of this Agreement.


 


F.              All
employees, who at the time of the signing of this Agreement, are volunteer
firemen, fire policemen and ambulance personnel, shall be paid for the time
lost at their straight time hourly rate while performing duties at a fire, if
such duties are performed during their regular scheduled working hours.  This paragraph applies when those duties are
the cause of an employee reporting late for work or leaving early.


 


G.             It
is the policy of the Company not to discriminate against any employee or
applicant for employment because of race, color, religion, national origin,
sex, age, handicap, veteran’s disability, or Vietnam era Veteran.


 


25

















 


H.            The
Company will establish a program of retirement preparation classes to acquaint
employees nearing retirement age with their benefits and, in addition, they
shall have made available to them advice and counsel with respect to adjusting
their mode of living when they retire from active employment.


 


I.                 Any
employee who is asked to use his own vehicle for Company business shall receive
an allowance at the prevailing IRS rate for mileage.


 


J.                Special
written agreements in existence prior to the date of this Agreement which have
not been changed by the terms thereof shall remain in effect unless subsequently
modified by the mutual consent of the Union and the Company.


 


K.            Safety
glasses must be worn while on the shop floor.


 


L.              Employees
are expected to work their entire shift. 
Changing of clothing and/or showering is to be done after clocking out
at the end of the shift.


 


M.         The
Union’s Negotiating Committee shall consist of one representative per every 25
employees, rounded up to the next highest number, with a minimum of five (5)
representatives.


 


N.            If
an employee accepts overtime and fails to report without being excused by the
Work Group Facilitator, his absence shall be recorded as an unexcused absence
for purposes of tracking attendance.


 


O.            Those
employees laid off prior to October 23, 1984 will be credited for all layoff
time for vacation and pension eligibility.


 


P.              If
an employee is scheduled to report for duty and no work is available, or he is
given less than four (4) hours’ work he shall receive pay for not less than
four (4) hours’ at his regular rate. 
Except during overtime hours, if an employee is transferred to other
work, he shall be guaranteed eight (8) hours of work and be paid in accordance
with the provision governing transfers. 
This will not apply however:


 


1.               When
an employee is absent on the preceding scheduled work day and fails to make
necessary arrangements for his time off with his Work Group Facilitator.


2.               When
an employee is notified not to come to work at least four (4) hours before the
beginning of his shift by telephone or radio or other available means as listed
with the Human Resources Office.


3.               When
the plant or part of the plant is closed due to conditions beyond the control
of management.


4.               When
the above mentioned occurs, after two weeks, all medical and insurance benefits
will continue for the affected employees unless they are placed on layoff
status.


 


ARTICLE 31


PLANT
SHUTDOWN


 


1.                    In
the event of a temporary or permanent plant shutdown, the Company would
continue to provide all benefits but not wages for a period not to exceed four
(4) weeks to employees actively employed by the Company immediately prior to
the shutdown.


 


2.                    The
Company will notify the Union sixty (60) days prior to any temporary plant
shutdown, unless an emergency arises which makes such notice impossible.


 


3.                    Those
employees with vacation remaining are permitted to change such vacation to
correspond with the plant shutdown dates.


 


4.                    During
a temporary plant shutdown, any production work performed will be offered to
the most senior qualified employees within the Work Group.  If additional employees are needed from
outside the Work Group, they will be canvassed from the master seniority list.


 


26

















 


ARTICLE 32


DURATION
OF AGREEMENT


 


This Agreement shall
remain in full force and effect until midnight, October 25, 2002, and
thereafter shall continue from year to year until either party gives the other
ninety (90) days prior written notice of a desire to change, modify or
terminate same.  If neither party gives
notice to terminate this Agreement, but one or both of the parties gives notice
as aforesaid of an intention to change or modify any of the terms or provisions
of this Agreement, representatives of the Company and the Union shall meet to
discuss, negotiate, and, if possible, agree upon such changes.  In the event such Agreement continues beyond
the expiration date of this Agreement, then the terms and conditions of this
Agreement shall remain in full force and effect until such time as said
negotiations have terminated, either by reason of the inability of the parties
to finally conclude a new Agreement, or because a new Agreement between the
parties has been concluded.


 


This Agreement shall be
binding on the parties hereto, their executors, administrators, and successors.


 


IN WITNESS WHEREOF, the
duly chosen representatives of the parties hereto affix their hands and seals
this 22nd day of October, 1999.


 


NICE BALL BEARINGS, INC.


 


	
  Michael Pfeiffenberger

  	
   

  	
  Plant Manager

  
	
   

  	
   

  	
   

  
	
  Michael Collins

  	
   

  	
  Engineering Manager

  
	
   

  	
   

  	
   

  
	
  Bonni Mauro

  	
   

  	
  Human Resources Manager

  



 


UNITED STEELWORKERS OF
AMERICA, AFL-CIO


 


	
  George F. Becker

  	
   

  	
  President

  
	
   

  	
   

  	
   

  
	
  Leo W. Gerald

  	
   

  	
  Secretary/Treasurer

  
	
   

  	
   

  	
   

  
	
  Richard Davis

  	
   

  	
  Vice President -
  Administration

  
	
   

  	
   

  	
   

  
	
  L. Lynch

  	
   

  	
  Vice President - Human
  Affairs

  
	
   

  	
   

  	
   

  
	
  Andrew V. Palm

  	
   

  	
  District Director

  
	
   

  	
   

  	
   

  
	
  Norman Hayman

  	
   

  	
  Staff Representative

  
	
   

  	
   

  	
   

  
	
  John Haney

  	
   

  	
  President - Local Union
  6816-12

  
	
   

  	
   

  	
   

  
	
  Sharon Miller

  	
   

  	
  Vice President - Local
  Union 6816-12

  
	
   

  	
   

  	
   

  
	
  James Asher

  	
   

  	
  Chairman of Grievance
  Committee - Local Union 6816-12

  



 


27

















 


Appendix
A


Pay for Knowledge and Skills


 


PRODUCTION


 


	
   

  	
   

  	
  Year 1

  	
   

  	
  Year 2

  	
   

  	
  Year 3

  	
   

  
	
  Hiring

  	
   

  	
  $

  	
  9.50

  	
   

  	
  $

  	
  9.50

  	
   

  	
  $

  	
  9.50

  	
   

  
	
  Starting

  	
   

  	
  $

  	
  10.00

  	
   

  	
  $

  	
  10.00

  	
   

  	
  $

  	
  10.00

  	
   

  
	
  Basic

  	
   

  	
  $

  	
  10.65

  	
   

  	
  $

  	
  10.97

  	
   

  	
  $

  	
  11.30

  	
   

  
	
  Core

  	
   

  	
  $

  	
  13.65

  	
   

  	
  $

  	
  14.06

  	
   

  	
  $

  	
  14.48

  	
   

  
	
  Intermediate

  	
   

  	
  $

  	
  16.15

  	
   

  	
  $

  	
  16.63

  	
   

  	
  $

  	
  17.13

  	
   

  
	
  Advanced

  	
   

  	
  $

  	
  17.25

  	
   

  	
  $

  	
  17.77

  	
   

  	
  $

  	
  18.30

  	
   

  



 


 


SKILLED


 


Mechanics


 


	
   

  	
   

  	
  Year 1

  	
   

  	
  Year 2

  	
   

  	
  Year 3

  	
   

  
	
  Hiring

  	
   

  	
  $

  	
  10.50

  	
   

  	
  $

  	
  10.50

  	
   

  	
  $

  	
  10.50

  	
   

  
	
  Starting

  	
   

  	
  $

  	
  11.00

  	
   

  	
  $

  	
  11.00

  	
   

  	
  $

  	
  11.00

  	
   

  
	
  Basic

  	
   

  	
  $

  	
  11.45

  	
   

  	
  $

  	
  11.81

  	
   

  	
  $

  	
  12.18

  	
   

  
	
  Core

  	
   

  	
  $

  	
  14.45

  	
   

  	
  $

  	
  14.90

  	
   

  	
  $

  	
  15.36

  	
   

  
	
  Intermediate

  	
   

  	
  $

  	
  16.85

  	
   

  	
  $

  	
  17.47

  	
   

  	
  $

  	
  18.01

  	
   

  
	
  Advanced

  	
   

  	
  $

  	
  18.05

  	
   

  	
  $

  	
  18.60

  	
   

  	
  $

  	
  19.17

  	
   

  



 


 


Electronic
Technicians & Tool Makers


 


	
   

  	
   

  	
  Year 1

  	
   

  	
  Year 2

  	
   

  	
  Year 3

  	
   

  
	
  Hiring

  	
   

  	
  $

  	
  10.75

  	
   

  	
  $

  	
  10.75

  	
   

  	
  $

  	
  10.75

  	
   

  
	
  Starting

  	
   

  	
  $

  	
  11.25

  	
   

  	
  $

  	
  11.25

  	
   

  	
  $

  	
  11.25

  	
   

  
	
  Basic

  	
   

  	
  $

  	
  11.85

  	
   

  	
  $

  	
  12.21

  	
   

  	
  $

  	
  12.58

  	
   

  
	
  Core

  	
   

  	
  $

  	
  14.85

  	
   

  	
  $

  	
  15.30

  	
   

  	
  $

  	
  15.76

  	
   

  
	
  Intermediate

  	
   

  	
  $

  	
  17.35

  	
   

  	
  $

  	
  17.87

  	
   

  	
  $

  	
  18.41

  	
   

  
	
  Advanced

  	
   

  	
  $

  	
  18.45

  	
   

  	
  $

  	
  19.00

  	
   

  	
  $

  	
  19.57

  	
   

  



 


28

















 


Appendix
B


Memorandum of Understanding


 


1.               All
memos of understanding will be printed in the contract booklet.


 


2.               New
pension benefits will be applicable to a ten (10) year employee on leave of
absence at the time the contract is executed and who retires prior to returning
from leave.


 


3.               All
Policy agreements now in effect will remain in effect unless changed through
negotiations or by the Union and Company Committees.


 


4.               Any
Agreement reached between the parties of a Policy Meeting must be reduced to
writing at the time of agreement. 
Without such written confirmation, there will be no agreement.


 


5.               An
employee will receive his vacation pay in weekly checks.  As an example, should an employee take three
(3) consecutive weeks of vacation he would receive three (3) separate weekly
checks.


 


6.               Prior
to the plant going out of business, the Company will notify the Union ninety
(90) days in advance.


 


7.               As
long as it is cost effective, janitorial responsibilities for the plant will be
performed by an outside janitorial service. 
Such duties shall include cleaning and maintaining lavatory facilities
and lockers, emptying dumpsters and cleaning water fountains.


 


8.               The
provisions agreed to in previous negotiations regarding the elimination of an
incentive system will remain in effect for the life of this Agreement,
including:


 


a)              Employees
affected by the elimination of the incentive system whose hourly rates were red
circled as a result of such shall continue to maintain their red circle rates.


b)             The
red circle will apply for any moves made within a Work Group including bidding
within a Work Group to a higher job; however, the red circle rate will not
apply to a downward move within a Work Group if there is more than $.20.


c)              The
foregoing is predicated on the red circle employee maintaining his
productivity, i.e. running the same number of machines, etc., which created the
average hourly earnings at which the employee was red circled.


d)             If
an employee is bumped from his job to another Work Group or is laid off from
the Company due to a reduction in force, the red circle rate will not apply.


e)              If
an employee bids off his job to another Work Group voluntarily, the red circle
rate will not apply.


f)                An
employee who is temporarily transferred for any reason will receive his red
circle rate of the job to which he is transferred, whichever is higher.


g)             If
an employee who has been bumped or laid off is recalled to the job from which
he was red circled, that employee’s red circle rate will be established.


h)             Red
circle rates are applicable only to incumbent incentive employees and may not
be transferred to others.


 


9.               The
Company shall continue the productivity gainsharing plan currently in effect.


 


10.         Overtime
hours scheduled prior to the beginning of a shift are not considered “as
such.”  An employee must work more than
8 hours in his 24-hour cycle in order to receive overtime, except on Saturday
and Sunday.


 


11.         The
Company will provide a payroll deduction for employees who live in Townships
requiring a 1% employment tax.


 


12.         Management
agrees to provide to the Union annual profit and loss statements for the
duration of this Agreement.


 


When
employees start the “C” shift on Sunday night at 11:00 PM, the first hour
worked (11:00 PM to 12:00 AM midnight) will be paid at double time.


 


29