ex_1037.htm


    
      


      


      DRAFT

       

      AGREEMENT

      


      


      


      between

      


      United
Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial
and 
Service Workers 

      International
Union, AFL-CIO, CLC, on behalf of

       Local
Union No. 00417

      


      and

      


      Cherokee
Nitrogen Company

      


      


      November
12, 2007 to November 11, 2010

       

       

       

       

       

       

       

      
        
           


        

        
           


          
            

          

        

        
           


        

      


      CONTENTS

      


      


                                                                                                                                     Page
No.

      
        	
                 

                AGREEMENT (Preamble)

              	
                 

                1

              
	
                 

                ARTICLE 1 – RECOGNITION

              	
                 

                1

              
	
                 

                ARTICLE 2 – PURPOSE

              	
                 

                1

              
	
                 

                ARTICLE 3 – MANAGEMENT RIGHTS
      CLAUSE

              	
                 

                2

              
	
                 

                ARTICLE 4 - WORK GROUPS

              	
                 

                2

              
	
                 

                ARTICLE 5 - SENIORITY

              	
                 

                4

              
	
                 

                ARTICLE 6 – POSTING AND FILLING JOB
      BIDS

              	
                 

                5

              
	
                 

                ARTICLE 7 – REDUCTION IN FORCE AND
      RECALL

              	
                 

                6

              
	
                 

                ARTICLE 8 – SCHEDULE CHANGE

              	
                 

                8

              
	
                 

                ARTICLE 9 – HOURS OF WORK

              	
                 

                8

              
	
                 

                ARTICLE 10 – OVERTIME

              	
                 

                8

              
	
                 

                ARTICLE 11 – 12-HOUR SHIFT
      AGREEMENT

              	
                 

                12

              
	
                 

                ARTICLE 12 – ABSENCES

              	
                 

                12

              
	
                 

                ARTICLE 13 - WAGES

              	
                 

                13

              
	
                 

                ARTICLE 14 – SHIFT
    DIFFERENTIAL

              	
                 

                14

              
	
                 

                ARTICLE 15 - VACATIONS

              	
                 

                14

              
	
                 

                ARTICLE 16 - HOLIDAYS

              	
                 

                16

              
	
                 

                ARTICLE 17- FUNERAL LEAVE
    PAY

              	
                 

                17

              
	
                 

                ARTICLE 18 – JURY DUTY

              	
                 

                17

              
	
                 

                ARTICLE 19 – PAYDAY

              	
                 

                18

              
	
                 

                ARTICLE 20 – MEAL ALLOWANCE
      PROVISIONS

              	
                 

                18

              
	
                 

                ARTICLE 21 – WORKERS
    COMMITTEE

              	
                 

                19

              
	
                 

                ARTICLE 22 – GRIEVANCE
      PROCEDURE

              	
                 

                19

              
	
                 

                ARTICLE 23 – LEAVE OF
    ABSENCE

              	
                 

                21

              
	
                 

                ARTICLE 24 – MILITARY
    SERVICE

              	
                 

                22

              
	
                 

                ARTICLE 25 – SAFETY AND
    HEALTH

              	
                 

                22

              
	
                 

                ARTICLE 26 – DISCRIMINATION

              	
                 

                23

              


      


      
        
           


        

        
          i 


          
            

          

        

        
           


        

      


      
        	
                 

                ARTICLE 27 – BULLETIN
BOARDS

              	
                 

                23

              
	
                 

                ARTICLE 28 – SICKNESS
    BENEFITS

              	
                 

                24

              
	
                 

                ARTICLE 29 – DISCIPLINE AND
      DISCHARGE

              	
                 

                25

              
	
                 

                ARTICLE 30 – GENERAL

              	
                 

                25

              
	
                 

                ARTICLE 31 – AUTHORIZED
      DEDUCTION

              	
                 

                26

              
	
                 

                ARTICLE 32 – SAVINGS CLAUSE

              	
                 

                26

              
	
                 

                ARTICLE 33 – STRIKES AND
      LOCKOUTS

              	
                 

                27

              
	
                 

                ARTICLE 34 –TERM

              	
                 

                27

              
	 
      	 
      
	
                 

                APPENDIX
      "A"   (Wage Rates)

              	
                 

                29

              
	
                 

                APPENDIX
      "B"   (12-Hour Continuous Shift
      Operations)

              	
                 

                31

              
	
                 

                APPENDIX
      "C"   (401(k) Savings Plan)

              	
                 

                36

              
	
                 

                APPENDIX
      "D"   (Alcohol and Drug Control
    Policy)

              	
                 

                37

              
	
                 

                APPENDIX “E” (USW Check-off
      Authorization)

              	
                 

                38

              
	
                 

                LETTER OF
      UNDERSTANDING   (Red Circle Personnel)

                 

              	
                 

                39

                 

              
	
                LETTER OF UNDERSTANDING
      (Board Operator Premium)

              	
                40

              


      

      



      
        
           


        

        
          ii 


          
            

          

        

        
           


        

      


      


      AGREEMENT

      


      This
Agreement was made and entered into this twelfth day of November, 2007, by and
between Cherokee Nitrogen Company, Cherokee, Alabama, hereinafter called the
“Company” and The United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers  International Union
AFL-CIO, CLC (USW) on behalf of its Local Union No. 00417, hereinafter called
the "Union."

      


      ARTICLE
1

      RECOGNITION

      


      Due to
the Company's hiring individuals, all of which were previously employed in the
Cherokee Nitrogen facility, where the Company currently operates, the Company
has recognized the "Union" for purposes of pay, wages, hours of work, and other
terms and conditions of employment for employees in the following unit: all
hourly-paid production and maintenance employees at the Company's Cherokee,
Alabama plant, but excluding journeyman electricians and instrument person,
their apprentices and/or electrician or instrument mechanics helpers, clerical
employees, professional, technical, managerial, and confidential employees,
guards, and supervisors as defined in the Act.

      


      Whenever
reference is made to a particular gender in this Agreement, it is understood
that the reference applies equally to both male and female
employees.

      


      ARTICLE
2

      PURPOSE

      


      A.           The
parties hereto mutually agree that there is concern for the future of the
Company and its ability to compete in a the nitrogen fertilizer industry because
of factors over which neither the Union nor the Company have control, including
but not limited to foreign competition, excess domestic production capability,
natural gas prices, and the cyclical nature of product utilization by
consumers.  Each agrees that our mutual goal is to provide the highest
quality product and service at a competitive price, and to assure the effective
flexibility in the utilization and skills of all employees.

      


      B.           It
is the intent and purpose of the parties hereto that this Agreement shall
promote and improve the industrial and economic relationship between the Company
and the Union, and shall set forth herein rates of pay, hours of work, and
working conditions of employment to be observed between the parties
hereto.

      


      C.It is recognized by both
parties that they have a mutual interest and obligation in maintaining friendly
cooperation between the Company and the Union which will permit safe,
economical, and efficient operation of the plant.

      


      D.All written Letters of
Agreement which are dated prior to the effective date of this contract are null
and void unless specifically added to this contract.

      


      


      
        
          
          

        

        
          1

          
            

          

        

        
          
          

        

      

       

      


      ARTICLE
3

      MANAGEMENT RIGHTS
CLAUSE

      


      The Union
expressly recognizes that the Company has the exclusive responsibility for and
authority over (whether or not the same was exercised heretofore) the
management, operation, and maintenance of its facilities and, in furtherance
thereof, has, subject to
the terms of this agreement, the right to determine policy affecting the
selection, hiring, and training of employees: to direct the work force and to
schedule work: to institute and enforce reasonable rules of conduct, to assure
discipline, and efficient operation: to determine what work is to be done, what
is to be produced and by what means; to determine the quality and quantity of
workmanship; to determine the size and composition of the work force; to
determine the allocation and assignment of work to employees; to determine the
location of business, divisions, and subdivisions thereof; to arrange for work
to be done by other companies or other divisions of the Company; to alter,
combine, or eliminate any classification, operation, service, or department; to
sell, merge, or discontinue the business or any phase thereof; provided,
however, in the exercise of these prerogatives, none of the specific provisions
of the Agreement shall be abridged.

      


      The
Company will not use the vehicle of subcontracting for the sole purpose of
laying off employees or reducing the number of hours available to
them.

      


      ARTICLE
4

      WORK
GROUPS

      


      A.           Grandfathering
and red circle personnel are covered in a Letter of Understanding.

      


      B.           OPERATIONS PRODUCTION
DEPARTMENT SKILL ADVANCEMENT/ON-THE-JOB TRAINING.

      


      1.           In
the interest of maintaining and improving operating efficiencies, the following
is the standard for inception and advancement.

      


      2.           Levels
of advancement are as follows:

      


      
        	
                 
      

              	
                a.

              	
                Trainee - If a new hire
      cannot complete the qualifications according to the following schedule,
      they will be terminated.  If an existing employee bids to the
      job but despite his/her best efforts he/she cannot complete the
      qualifications according to the schedule, the Company will consider
      alternatives to termination including an extension of the training period
      or reassignment to his/her prior position for which he/she is
      qualified.

              


      

      


      
        	
                 
      

              	
                b.

              	
                Chemical Operator 1 -
      Required to pass necessary requirements as determined by management, for
      one (1) assignment which will include written and oral examinations and
      demonstration of job proficiency.  Must qualify within 240 hours
      of training on day shift.

              


      

      


      
        	
                 
      

              	
                c.

              	
                Chemical Operator 2 –
      Required to qualify by passing the second assignment by written and oral
      examinations, and demonstration of job proficiency.  Must
      qualify within one (1) year after passing Operator 1
      qualifications.

              


      

       

      
        


        
          	
                   
      

                	
                  d. 

                	Chemical Operator 3 -
      Required to pass all area assignment written and oral examinations within
      an area, and by demonstrating job proficiency on all
      assignments.  Must qualify within one (1) year after passing
      Operator 2 qualifications.


        

         

        
           

          
            
              
              

            

            
              2

              
                

              

            

            
              
              

            

          

           

           

          
            	
                     
      

                  	
                    e.

                  	Chemical Operator 4 -
      Required to pass all area assignment written and oral examinations
      within an area, and by demonstrating job proficiency on all
      assignments.  Must qualify within eighty (80) calendar days
      after passing Operator 3 qualifications and be certified as having
      completed Cherokee Nitrogen training
programs.


          

                 


        

      

      C.           ROUTE OF ADVANCEMENT –
OPERATIONS PRODUCTION DEPARTMENT.

      


      
        	 
      	 
      	 
      	
                Switch

              	 
      
	 
      	
                Ammonia

              	
                Acid

              	
                Urea

              	
                Nitrate

              	
                Crews

              
	
                Chemical
      Operator 4

              	
                X

              	
                X

              	
                X

              	
                X

              	
                (1)*

              
	
                Chemical
      Operator 3

              	
                X

              	
                X

              	
                X

              	
                X

              	
                (1)*

              
	
                Chemical
      Operator 2

              	
                X

              	
                X

              	
                X

              	
                X

              	
                X

              
	
                Chemical
      Operator 1

              	
                X

              	
                X

              	
                X

              	
                X

              	
                X

              
	
                Trainee

                New
      Hire after 8/31/94

              	
                X

              	
                X

              	
                X

              	
                X

              	
                X

              
	
                (1)*To
      qualify for this level, the switching and rail crew members must qualify
      for the shipping, bagging, and load-out of products in the Nitrate and
      Urea areas.

              


      

      


      D.           MAINTENANCE  DEPARTMENT
WORK GROUPS.

      


      1.           In
the interest of maintaining and improving plant on-stream time, the following is
the standard for maintenance inception and advancement:

      


      2.           The
Company will provide on-the-job training necessary to acquire job skills at each
level.  Levels of advancement are as follows:

      


      a.           Maintenance Trainee - A new
hire or bidder will be required to pass the skill levels established August 31,
1994 (document entitled "Training Program - General Mechanic") in order to
advance to Maintenance Level 1.  A new hire who does not complete the
qualifications will be terminated.  Must successfully complete and
pass written and practical factors tests, as determined by
Management.  If an existing employee bids to the job but despite
his/her best efforts he/she cannot complete the qualifications according to the
schedule, the Company will consider alternatives to termination including
extension of the training period or reassignment to his/her prior position for
which he/she is qualified.

      


      b.           Maintenance Level 1 - Must be
qualified and proficient in one (1) major skill as determined by management, and
must pass written and practical factors tests, as determined by Management,
(i.e. General Mechanic, Certified Welder, Machinist, Auto Mechanic, Millwright,
etc.).

      


      c.           Maintenance Level 2 - Must be
qualified and proficient in two (2) major skills, and written and practical
factors tests, as determined by Management.

      


      d.           Maintenance Level 3 - Must be
qualified and proficient in three (3) major skills, and written and practical
factors tests, as determined by Management.

      


      
        
          
          

        

        
          3

          
            

          

        

        
          
          

        

      

      e.           Maintenance Level 4 - Required
to be a Level 3 and certified by written and practical factors tests, as
determined by Management.

      


      


      E.           ROUTE OF ADVANCEMENT –
MAINTENANCE DEPARTMENT.

      


      
        	
                Ø  

              	
                Maintenance
      Level 4

              


      

      


      
        	
                Ø  

              	
                Maintenance
      Level 3

              


      

      


      
        	
                Ø  

              	
                Maintenance
      Level 2

              


      

      


      
        	
                Ø  

              	
                Maintenance
      Level 1

              


      

      


      
        	
                Ø  

              	
                Mechanic
      3rd Year Trainee

              


      

      


      
        	
                Ø  

              	
                Mechanic
      2nd Year Trainee

              


      

      


      
        	
                Ø  

              	
                Mechanic
      1st Year Trainee

              


      

      


      
        	
                Ø  

              	
                Maintenance
      Trainee

              


      

      


      Training
program guidelines to become a general mechanic shall be those as described in
4D 2(a) identified in the document, Training Program “General Mechanic”
established August 31, 1994, and updated August 15, 1999.

      


      MAINTENANCE
DEPARTMENT AREAS

      


      The
current operating practice is to assign employees to one of the following
areas:

      


      Ammonia/Nitric
Acid/Utilities

      Nitrate/Urea

      Central

      


      ARTICLE
5

      SENIORITY

      


      The
purpose of this Article is to define and describe the seniority provisions which
will govern the seniority status of employees within the bargaining
unit.

      


      A.           Employees
who were hired by Cherokee Nitrogen Company on November 1, 2000 shall have their
plant seniority date based on date of original employment at the
plant.  Such seniority may be used for vacation eligibility and
seniority rights.

      


      B.           The
only type of seniority, which will be considered under this Agreement, is plant
seniority.

      


      C.           A
new employee screened and hired to become a regular full-time employee shall not
acquire seniority rights until he/she has been employed by the Company for a
period of sixty-five (65) continuous active work days within a period of six (6)
months.  Until such time as an employee has acquired seniority rights,
he/she shall be considered a probationary employee and may be laid off or
terminated without recourse, and the Company shall be under no obligation to
rehire him/her.  When 

       

      
        
          
          

        

        
          4

          
            

          

        

        
          
          

        

      

       

      employees
have identical plant seniority, the order of seniority placement shall be
determined alphabetically.

      


      D.           The
seniority of an employee shall be considered broken, all rights forfeited, and
there shall be no obligation to rehire him/her for any one of the following
reasons:

      


      1.           If
the employee voluntarily quits.

      


      2.           If
the employee is discharged for just cause.

      


      
        3.    If the
employee is away from work for a period of 24 months or length of previously
accrued service, whichever is less, for any reason other than illness or
injury.  In those cases the period of time will be a maximum of three
(3) years or length of previously accrued service, whichever is
less.

      

      


      4.           Subject
to paragraph 3 above, if an employee who has been laid off does not return to
work within (10) ten calendar days after the postmark date of a registered or
certified letter form the Company, addressed to his / her last known address as
shown on the Company’s records.  It is the employee’s obligation to
keep the Company informed of his / her correct current address.

      


      Employees
who are unable to report within this ten (10) calendar day period because of
sickness or accident will, subject to paragraph 3 above and in that event be
recalled to any vacancy during any subsequent recall action.

      


      E.           If
a member of the bargaining unit is promoted to a supervisory or salaried
position from an hourly-paid job, he/she shall lose all of his/her seniority in
the bargaining unit.

      


      F.           A
complete seniority list of all active employees shall be posted in each
department on the bulletin board within thirty (30) days after signing of this
Agreement, and revised quarterly.

      


      ARTICLE
6

      POSTING AND FILLING JOB
BIDS

      


      When a
job vacancy occurs, it shall be posted on the Bulletin Board for six (6)
calendar days for bid, plant-wide.  The job posting shall indicate the
primary job assignment and shift.  The senior employees will be
awarded the job by plant seniority.  The senior bidder will be awarded
the job as a trainee or based on Article 4, Section B.2 or D.2
qualifications.  An employee will be allowed only one (1) successful
bid per six (6) month period unless the bid is to a new job which carries a
higher rate of pay at the time of the bid.

      


      An
employee who is being laid off from his/her job at the time
that a posting is in effect can bump to the job which is posted without bidding
in accordance with Article 7, and he/she can keep the job if he/she is senior to
the bidder and he/she qualifies.  An employee called in from layoff to
fill a job while it is posted for bidding must go to the open job when the
bidding is completed unless he/she bid for the job and is the senior
bidder.  If there are no bidders for the job he/she will remain in the
job.  When employees are being recalled from a layoff, which was
caused by a unit production cutback (or shutdown), all employees who have
adequate seniority to be recalled are eligible to bid for job
openings.  If an employee took a voluntary layoff at the time of the
shutdown, but he/she has enough seniority to be on the recall list, he/she will
have bid rights just as others in the seniority group being recalled, provided
that the job for which he/she holds recall right is open. However, filling of a
job in either of the above manners will be regulated by the
following:

      


      
        
          
          

        

        
          5

          
            

          

        

        
          
          

        

      

       

      A.           No
employee will be granted a trial period if he/she does not have a reasonable
expectancy of demonstrating the qualifications required by the
job.  If within the preceding six (6) months an employee has refused
training on the job, or he/she has been disqualified on this job, he/she shall
not be permitted to bid.

      


      B.           The
successful bidder shall be given up to 240 hours of
training.  Fulfillment of assignment requirements by the successful
bidder will be determined by the Company.  If an employee has been
previously qualified in the job, he/she will be provided 84 hours of refresher
training.  In determining whether an employee has become qualified,
the results of written and/or practical tests (which meet Federal guidelines)
will be among the factors given consideration.  If an employee is
already qualified or becomes qualified in less than fifteen (15) work days,
he/she will be so informed by management.

      


      C.           During
the period of posting, the Company will fill the job on a temporary basis, not
to exceed 35 working days, unless prevented from doing so by extenuating
circumstances.  If a successful bidder cannot be moved within 35 days
to the new job which would call for a higher rate, the employee will receive the
higher rate beginning with the 36th day
until he/she can be moved.

      


      D.           When
a temporary job is posted in operations, the employee who gets the job will
share overtime in that area.  When the permanent employee returns, all
temporary employees will return to their regular (last permanent classification)
jobs.

      


      When a
temporary job is posted and the regular employee does not return to the job, the
temporary

      employee
shall become permanent in that classification.

      


      E.           When
a permanent vacancy exists in the maintenance department, it shall be filled by
plant seniority based on mechanical skills required.

      


      


      ARTICLE
7

      REDUCTION IN FORCE AND
RECALL

      


      
        	
                A.

              	
                Should
      it become necessary to lay off employees, the Company shall advise the
      Union of such layoff at least seventy-two (72) hours in
      advance.  It is understood that this provision shall not apply
      if the layoff is caused by emergencies or by conditions beyond the
      Company's control.

              


      

      


      
        	
                B.

              	
                It
      is understood the Company shall have the right to retain sufficient
      numbers of qualified personnel and in such event may assign personnel to
      particular shifts where required, temporarily, for training, not to exceed
      240 hours after assuming the job.

              


      

      


      C.           Reductions-in-force
and recalls shall be on the basis of plant seniority as outlined
below:

      


      1.           If
a layoff is for twenty-one (21) days or less, the employee can take a voluntary
layoff with recall rights or bump to any job for which he/she is qualified;
however, if no junior employee is available to bump, the employee cannot take a
voluntary layoff.

      


      2.           Employees
who took a voluntary layoff for recall or were laid off, and the reduction in
force exceeds twenty-one (21) days, the employee shall be recalled and exercise
his/her bump rights as outlined in paragraph (7) below.

      


      3.           Employees
who choose to take a layoff rather than bump to another job can only be recalled
to the job the employee was working at the time of the layoff.  The
different classifications in production constitute usual jobs as referred to in
Article 7, Section C.5.  Shift 

       

      
        
          
          

        

        
          6

          
            

          

        

        
          
          

        

      

       

      assignments
are not recognized in considering usual job.  In maintenance, the
classifications, as listed in Appendix "A" Maintenance, are
the basis for determining usual job, with no consideration given to area of
assignment.

      


      
         4.   When the
number of shifts in a particular job are being reduced, the junior employee(s)
will be given a bump notice and the remaining senior employee(s) will select
shift preference based on seniority.

      

       

      
        5.          The
employee's "usual job" is the only job for which the employee can be recalled
and only a job different from the employee's present "usual job," by the same
definition as is used for recall, can be used as a basis for refusing to
bump.  For example, a control operator on "A" shift could not refuse
to bump a control operator on "C" shift.  The same operator could not
refuse recall to any control operator job, regardless of
shift.

      

      


      6.           An
employee who has taken a voluntary layoff shall have the option to be recalled,
to an entry level vacancy, if the employee's usual job has not reopened within a
period of six (6) months from the date the layoff began.  The employee
must be qualified for the work and pass a physical examination to be eligible to
return.  If the employee's usual job has not reopened for a period of
twelve (12) months from the date that employee was placed on layoff, the
employee shall have option to bump the lowest seniority employee who is in a job
for which the employee on layoff was previously qualified, and assume that
employee's job.  To be eligible to bump to this job, the employee must
pass a physical examination.  If the employee elects not to return
after twelve (12) months, the seniority of this employee shall be considered
broken, all rights forfeited and there shall be no obligation to rehire the
employee, consistent with Article 5 of this agreement.

      


      
        7.   If a
layoff is for twenty-one (21) days or more, the employee can either take a
voluntary layoff with recall rights in accordance with (1) above, or bump to a
job for which he/she is qualified or he/she may bump a junior employee and
receive a twenty (20) -work-day qualification period or 84 hours if previously
qualified in the job.  To receive the twenty (20)-day qualification
period the employee must demonstrate within the first three (3) work days the
ability to learn this job within the twenty (20)-day qualification
period.  The employee will only be expected to qualify on the job that
he/she bumps to in the twenty (20) work day qualification
period.  Such training will be provided on the day shift when
practical.  If the employee does not demonstrate the ability within
three (3) work days or fails to qualify within twenty (20) days, he/she shall be
disqualified and laid off and the incumbent employee shall remain in the
job.

      

      


      
        8.   During
the qualification period, the bumping employee shall receive the rate for the
last job on which the employee was qualified.

      

      


      9.           It
is understood that in Maintenance, if the bumping employee is a Maintenance
Level 4, the bumping employee must have the mechanical skills of the employee
he/she bumped after the qualification period.

      


      10.           In
accordance with paragraph (7), in a given layoff, if a senior employee is laid
off without an opportunity to bump and a junior employee is left in the plant at
the end of the bump/qualification period, the senior employee will be recalled
with bump rights.

      


      11.           No
bumping between Departments shall be allowed.  Employees are only
allowed to move from Department to Department under the terms of Article
6.


      
        
           


        

        
          7

          
            

          

        

        
           


        

      


      ARTICLE
8

      SCHEDULE
CHANGE

      


      The
Company shall give an employee thirty-six (36) hours notice of change in the
regular work schedule (this notice shall be posted by 2:00 p.m. on the first day
of the thirty-six (36) hours notice), and sixteen (16) hours' notice of return
to the employee's regular work schedule, except where rescheduling is required
due to lack of raw materials, labor difficulty, acts of God, or any other
occurrence beyond the Company's control.  If the Company fails to give
such notice, except where excused in the preceding sentence, the Company shall
pay one and one- half (1-1/2) times the affected employee's regular
straight-time rate for hours worked on the first day after such change in
schedule.  If there are any changes in present work schedules for
non-shift workers, assignments will be made on the basis of seniority, where
practical.  The foregoing in no way precludes the Company from making
changes in the work schedules according to operational and maintenance
needs.

      


      ARTICLE
9

      HOURS OF
WORK

      


      A.           The
established workweek begins at 6:00 a.m. on Monday and ends at 6:00 a.m on the
following Monday.  For the purpose of computing overtime, the normal
workweek shall be forty (40) hours and the normal workday shall be eight (8)
hours.  This is not to be considered a guarantee of eight (8) hours a
day or forty (40) hours a week.

      


      B.          Under
the present operating requirements, the normal schedule for eight (8) hour shift
workers shall be organized into three (3) consecutive eight (8) hour shifts as
follows:

      


      First shift 6:00 a.m. to 2:00
p.m.

      Second shift 2:00 p.m. to 10:00
p.m.

      Third shift 10:00 p.m. to 6:00
a.m.

      


                    Under
the present operating requirements the normal schedule for maintenance workers
shall be:

      


      7:00 a.m. to 11:00 a.m.

      11:30 a.m. to 3:30 p.m.

      


      When an
employee is instructed or scheduled to report for work and so reports and
reports on time, the employee shall be guaranteed four (4) hours of work if
he/she is put to work, and if no work is available for them to perform, the
employee shall receive pay for four (4) hours' work at their regular hourly rate
of pay, except in case of fire, flood, power breakdown, or other conditions
beyond the control of Management.  At the Company's discretion, an
employee instructed or scheduled to report for work may be assigned to any work
available which the employee is capable of performing in lieu of their being
released if there is no work for them to do in their usual
occupation.

      


      ARTICLE
10

      OVERTIME

      


      A.           The
basic work day shall be eight (8) hours.  The basic work week shall be
forty (40) hours.  Overtime shall be paid at the rate of one and
one-half (1-1/2) times the regular rate of pay for all hours worked in excess of
forty (40) hours per week, or in excess of eight (8) hours in a twenty-four
(24)-hour period beginning at the start of the employee's regular scheduled
shift, except that this provision shall not apply in the case of a regularly
scheduled shift change.  Overtime payment shall be made on the basis
of either daily or weekly overtime, whichever results in the greater pay, but
there shall be no pyramiding or duplication of daily and weekly
overtime.

      


      
        
          
          

        

        
          8

          
            

          

        

        
          
          

        

      

      B           Any
employee who is called out to perform work outside their scheduled working hours
shall be paid for all time worked pursuant to such call-out, at one and one-half
(1-1/2) times his regular rate of pay and will be guaranteed a minimum of four
(4) hours' work.  An employee on call-out shall not be required to do
work other than the job or jobs they were called out to perform unless there is
additional emergency work that occurs.  The employee will be paid time
and one- half (1-1/2) for the actual hours worked on this additional
work.  To be eligible for call-out, an employee must have a telephone
in their residence and notify their foreman of any changes in their telephone
number.  The Company has no obligation to call an employee at any
telephone number other than their residence telephone for call-outs, changing of
working schedule, or for any other reason.

      


      C.           When
an employee moves from one overtime group to another, the number of their
overtime hours will be adjusted up or down to equal the average of the new
group.  Previously qualified employees will also retain eligibility
for overtime in previously qualified groups for one (1)
year.  Employee will receive the higher rate of pay of the two jobs
when filling the overtime in another area.

      


      D.           Premium
pay provided for herein shall not be pyramided on premium pay payable under any
other article or section of this
Agreement.

      


      E.           All
overtime hours refused will be charged or added to an individual's overtime
hours on the basis of twice (2) the number of hours actually paid to the
employee who accepted the work.  If charged overtime on a double-time
shift is worked, only the overtime paid will be charged.

      


      F.           It
is considered inappropriate in the scheduling of employees to hold over more
than eight (8) hours after any regular eight- hour shift, or to plan work where
employees must be scheduled more than twelve (12) hours per day, or holdover
more than 4 hours on a 12 hour shift.  Every effort should be made to
anticipate relief requirements of employees in advance of the time
required.

      


      G.           If
an employee believes he or she has been bypassed for overtime, at the employee’s
or union’s request, the employee or union and his or her supervisor will examine
the overtime records and if they agree that a bypass occurred, preference for
overtime will be given to the employee, as soon as it is practical.

      


      H.           All
temporary vacancies will be offered to the qualified operator lowest in overtime
hours in that area.  It is the Work Group’s responsibility to fill the
vacancies.  Employees who are on duty who refuse to accept holdover
overtime assignments to vacancies shall be subject to disciplinary
action.  Such assignments shall be deemed as mandatory.  The
Company shall have the right to implement a pager policy or a disciplinary
policy to assure that it will have the services of its qualified employees to
perform the necessary work.

      


      I.           All
overtime will be reduced to zero at the end of each calendar year
period.

      


      J.           OVERTIME
COVERAGE PROCEDURE. Overtime hours shall be
shared equally by all employees in the Work Group, as far as practical for the
efficient operation of the plant, or on the following basis:

      


      1.           Maintenance

      


      a.           All
Maintenance overtime shall be posted by area and Work Group.  This
time, hours paid for straight-time basis, and two (2) times hours paid but
turned down, will be posted by the Company.  It shall be the
responsibility of the Company to keep this time accurate
daily.  Overtime will be grouped by area Work Group.

      


      
        
          
          

        

        
          9

          
            

          

        

        
          
          

        

      

      b.           Holdovers. The Work Group will
offer (holdover) overtime to employees who are already working on the job
according to the following procedure:

      


      The
personnel already working on the job will be offered the work first, regardless
of their normal overtime group.

      


      In the
event the assignment involves work in process, and continuity of the work is
required, Company may assign the employees already working the
job.  If a group consists of both central and resident personnel, the
resident personnel on the job will be offered the work first. If additional
personnel are needed, the work will be offered to the central personnel on the
job prior to offering it to the resident personnel who are not working the job
at the time the overtime occurs.

      


      If the
job has not been started, the first employee held over shall be the lowest
qualified mechanic from the group involved, and all succeeding personnel
required for the job shall be obtained by beginning with the lowest qualified
employee in the group (ML4, 3rd year mechanic, 2nd year mechanic, 1st year
mechanic, or utility person), until the job is manned.  In the event
that additional help outside the group is needed, the Work Group will contact
the lowest qualified employee (ML4, 3rd year mechanic, 2nd year mechanic, 1st
year mechanic, and utility person) from the central maintenance group until the
job is filled.  If for some reason the job still cannot be manned, the
Work Group shall call the other  resident group in the same order
until all are called.  All holdovers should be notified as early as
possible before quitting time.

      


      In the
event sufficient volunteers are not obtained, employees may then be mandatory
assigned.

      


      The Work
Group will start to fill hold-over requirements as well in advance of 2:00 p.m.
as practicable.  If by 2:30 p.m. the required hold-over personnel have
not been obtained, the Company will notify the junior qualified employee that
they may be required to stay over.  The Work Group will continue to
try to obtain the personnel requirements through the established overtime
procedure until 2:30 p.m.  At this time, personnel requirements not
already fulfilled will be obtained by assigning the junior qualified employee in
the maintenance department to stay over.

      


      c.           Call-outs. On call-outs the Company
will first call the qualified ML4 who has worked to the lowest in number of
overtime hours worked from the group concerned.  All succeeding
personnel required for the job shall be obtained as in the preceding
paragraphs.

      


      d.           Planned
Overtime. The group concerned will
be assigned to planned overtime first, beginning with the lowest qualified ML4
and continuing as above until all personnel in the group have been
assigned.  When additional personnel are required, they will be
assigned from the Central Maintenance group by assigning the lowest qualified
employee first, and so on until the job is properly staffed.

      


      When
out-of-classification work in the Automotive Shop must be offered to mechanics,
and it is known by 2:00 p.m. the day before the work is assigned, the Company
agrees to offer the work to the junior qualified employee(s) at the time the
work is offered.  There may be some instances when special skills are
involved and would preclude following this procedure.  Such cases will
be discussed with appropriate Union Officials.  It is 

       

      
        
          
          

        

        
          10

          
            

          

        

        
          
          

        

      

      understood
and agreed that this arrangement will not be extended to other jobs or work
assignments.

      


      e.           Scheduled
Shutdowns.   Work performed on straight days, or on
around-the-clock shifts shall be handled as in the past, i.e., by the area
people involved, and whatever additional help is needed may be obtained from any
overtime group.

      


      f.           Prior
to major scheduled turn-around, the Company will advise the Union of work
arrangements.

      


      g.           When
Central Maintenance employees are scheduled to work during a shutdown or
start-up of at least four (4) working days duration, they shall share overtime
on an alternating basis with maintenance people in the area, with an employee
from the area scheduled first.

      


      Example:                 1st
Person - Area

      2 People    - Area,
Central

      3 People    - Area,
Central, Area

      4 People    - Area,
Central, Area, Central

      


      h.           When
work needs are great and cannot be met by personnel from the area concerned and
Central Maintenance, the other resident area is to be called starting with the
lowest qualified employee, and so on until the job is staffed.

      


      


      2.           Production
Department.

      


      The
following overtime procedure is to be used by each area work group in the
Production Department:

      


      
        	
                 
      

              	
                a.

              	
                If
      a section in a department is not in operation, then the operators from
      that section may be moved, if qualified, to fill vacancies or to perform
      other duties.

              


      

      


      
        	
                 
      

              	
                b.

              	
                The
      overtime in each production area will be grouped into the usual job
      classification that the employee normally works.  All temporary
      vacancies will be filled by the usual job classification that the overtime
      occurs.  If the vacancies cannot be filled in this manner, they
      will be offered to the qualified operator lowest in overtime hours in that
      area.  It is the work group on duty’s responsibility to fill the
      vacancies.  If the vacancies cannot be filled in this manner,
      and the employees who are on duty refuse to accept holdover overtime
      assignments, they shall be subject to disciplinary action.  Such
      assignments shall be deemed
mandatory.

              


      

       

      
         

        
          	
                   
      

                	
                  c.

                	
                  If
      an operator informs the plant at least three (3) hours before his
      scheduled shift begins, any overtime worked as result of this absence will
      be offered first to the qualified employee lowest in overtime in the
      classification.  In the event of an unscheduled absence before
      shift change, the employee who is presently staffing the job (except when
      employee is in training, regardless of their classification will be
      required to continue working until properly relieved or may accept the
      overtime opportunity.  If an operator does not inform the plant
      of their absence at least three (3) hours before their shift change, then
      the employee who is presently staffing the job (except when the employee
      is in training), regardless of their classification, will be given the
      choice of the overtime.

                


        

        
        

        
           

        

      

       

      
        
          
          

        

        
          11

          
            

          

        

        
          
          

        

      

       

      

        d.         If
the operator contacted desires the full eight (8) hours, he/she may work the
entire shift.  If the operator wishes to work only one-half (1/2) of
the shift, he/she will be required to remain on duty until properly relieved by
another qualified operator who can be obtained.  Operators who are
contacted may be mandatory assigned to perform the overtime work if other
volunteers cannot be reached.  If any operator is contacted and
declines the overtime, then he will be charged twice (2) the number of hours
actually paid to the employee who accepted the work.

        


        e.        If
it appears that vacancy will be for an extended period, the operators in that
classification may be pre-scheduled to work the overtime.

        


        f.        When
a temporary job is posted in operation, the employee who gets the job will share
overtime in that area.

         

        g.    It is the
Work Group on Duty’s responsibility to post daily overtime hours on the overtime
board. This time, hours
paid on a straight-time basis, and two (2) times  hours paid but turned
down will be posted daily in each area, unless there are unusual circumstances
which make a delay in posting necessary.

        


        
          h.   It is
realized that the Work Group is responsible for filling a shift.  In
every case, operators are required to fill the job while the Work Group proceeds
to fill vacancies by means of this procedure.

        

        


        
          i.   It is
understood that employees may swap a shift or part of a shift by mutual consent;
however, it is further understood that shift swapping will not trigger an
obligation to pay any overtime premium pay.

        

        


        In the
event, overtime distribution and/or call-out procedures do not provide the
Company with sufficient qualified personnel to perform the overtime work, the
Company shall have the right to assign qualified personnel.  Failure
to work such mandatory overtime shall constitute just cause for disciplinary
action.

        


        ARTICLE
11

        12-HOUR SHIFT
AGREEMENT

        


        Some
employment conditions which apply to employees who work on 12-hour continuous
shift operations may be different than those described in various Articles of
this Agreement.  A special Letter of Agreement concerning 12-hour
shift employees is attached as APPENDIX "B" to this
Agreement.

        


        ARTICLE
12

        ABSENCES

        


        A.           Employees will give his/her foreman
or designee notice no less than twenty-four (24) hours in advance for all
absences from work for personal reasons except in cases of personal illness,
illness or death in the employee's immediate family, or other emergency making
such advance notice impossible. In case of such emergency, the employee will
provide the Company as much advance notice as possible.

        


        B.           An
employee absent for two (2) days or more shall not be permitted to return to
work unless they notify the Company at least four (4) hours prior to the start
of their shift that he/she is returning to work. This notification shall not
serve to excuse unexcused absences.  The Company shall
have the right to require an employee to submit a medical certificate justifying
his absence.


        
          
             


          

          
            12

            
              

            

          

          
             


          

        

C.           When
an employee is absent for thirty (30) or more consecutive calendar days for any
reason, including layoff, the number of their overtime hours will be increased
by the number of hours the average of their work group has increased during
their absence.

      


      D.           When
an employee is absent from their assigned schedule for a definite period of time
(eight hours, one day, one week, etc.) their name will not be called for
overtime work to be performed during their time off.

      


      E.           When
an employee is absent from their assigned schedule for an indefinite time, their
name will be removed from the overtime list until the employee calls in to
report that they are available for work.

      


      ARTICLE
13

      WAGES

      


      A.           The
hourly wage rates shall be as shown in APPENDIX "A" attached hereto
and made a part of this Agreement.

      


      B.           The
Company shall advise the Union of the proposed basic hourly rate for any new
work established after the date of this Agreement.  Upon request of
the Local Union representatives, the Company will negotiate with them concerning
such rate, provided that the Union so requests within thirty (30) days from the
establishment of such rate.  If agreement is not reached on the new
rate, the matter will be appealed to the fourth (4th) step of the Grievance
Procedure.

      


      C.           When
an employee is temporarily assigned to a job paying a lower rate of pay, he/she
shall be paid his regular hourly rate.

      


      D.           When
an employee is temporarily assigned to a higher rated job for a purpose other
than that of training or instruction, he/she shall receive the rate for the job
to which he/she is so assigned for all hours worked on such higher rated
job.

      


      E.           An
employee who actually works for four (4) hours or more on seven (7) consecutive
days in the regularly established work week shall receive double (2) their
regular straight-time hourly rate for all hours worked on the seventh (7th)
consecutive day.

      


      F.           A
maximum of ten (10) employee members who have been trained and certified to
perform Hazardous Material Emergency Response shall receive twenty-five ($.25)
cents per hour, (maximum 40 hours per week) while so assigned.

      


      G.           An
employee required to work on his/her normal scheduled day or days of rest or on
hours outside of his/her normal work schedule will be paid at one and one-half
(1-1/2) times their regular hourly rate, provided that they shall not be
entitled to premium pay for such day or days in any week in which he/she has
been absent without a satisfactory excuse on one or more scheduled
workdays.

      


      H.           Premium
pay provided for, herein, shall not be pyramided on premium pay payable under
any other articles of this Agreement.


      
        
           


        

        
          13

          
            

          

        

        
           


        

      


      ARTICLE
14

       SHIFT
DIFFERENTIAL

      


      A.           Employees
who are scheduled on multiple shift operations shall be paid a shift
differential of fifty cents ($0.50) per hour for all time worked during the
hours of 2:00 p.m. to 10:00 p.m. shift.  Employees shall be paid a
shift differential of seventy cents ($0.70) per hour for all time worked during
the hours of 10:00 p.m. to 6:00 a.m. shift.

      


      B.           The
shift differential is not paid to employees scheduled on regular, single-day
shift operations who may work overtime into another shift; however, such
employees will be paid shift differential for scheduled hours worked during the
times listed in paragraph A above.  All employees not scheduled on
regular, single-day shift operations are considered to be on scheduled
multiple-shift operations.

      


      


      ARTICLE
15

      VACATIONS

      


      A.           All
regular employees of the Company shall be granted a vacation of one (1) week
after one (1) year of continuous active service, two (2) weeks after three (3)
years of continuous active service, three (3) weeks after five years of
continuous service, and four (4) weeks after fifteen (15) years of continuous
active service.  It is understood an employee shall receive his/her
next level of vacation effective January 1st of the
year his/her hire date for service is due.  However, an employee who
is separated for any reason before his/her service anniversary date must repay
the Company for all vacation time taken/paid but not earned.

      


      B.           Employees
who have one (1) or more years of continuous service as of January 1st (except
for new employees provided for below) will be granted vacations during the
calendar year January 1st to December 31st, provided that they have worked a
minimum of one thousand (1,000) continuous active hours during the preceding
calendar year.  The following hours will be counted in determining
whether or not employees have worked a minimum of one thousand (1,000)
continuous active hours during the preceding calendar year:

      


      1.           Hours
actually worked;

      


      2.           Holidays
paid for but not worked;

      


      3.           Forty
(40) hours for each week of paid vacation;

      


      4.            All hours lost due to
compensable, job-related injuries, maximum 800 consecutive hours lost in the
first calendar year of such injury; and

      


      5.           All
hours lost by Union officials for Local Union business pertaining to Cherokee
Nitrogen as approved by the Plant Manager.

      


      C.           A
new employee shall become eligible for his/her first vacation with pay upon
his/her first anniversary date, provided that he/she has worked a minimum of one
thousand (1,000) continuous active hours during his/her first anniversary year,
counting as hours worked those set forth in paragraph B above.  An
employee will qualify for his/her second vacation to be taken not earlier than
January 1st following his/her first anniversary date, by fulfilling the
contractual requirements set forth in paragraph B above, provided that the
second vacation cannot be taken earlier than six (6) months after the employee's
completion of his/her first vacation.

      


      
        
          
          

        

        
          14

          
            

          

        

        
          
          

        

      

      D.           Pay
for each week of vacation to which an employee is entitled shall be computed on
the basis of forty (40) hours at the particular employee's regular straight-time
rate of pay.

      


      E.           Vacations
will be granted only during the year in which they are due, and they may not be
carried over or taken advantage of during subsequent years.

      


      F.           Allocation
of the individual's time for taking the vacation during the vacation season from
January 1st to December 31st shall be subject to the approval of the Company in
order to ensure orderly efficient operation of the plant.  Vacation
scheduling shall be from January 1st until March 1st.

      


      G.           In
the event of termination of service due to death, provided that at the time of
death of such employee he/she had become eligible to receive a vacation that had
not been granted, payment in the amount equal to that which would have been paid
to the employee for such vacation shall be made to the beneficiary of the group
insurance carried by the employee.  Also, if the employee had worked
one thousand (1,000) hours in the present year, the same beneficiary will
receive payment for the vacation the deceased employee would have been eligible
for if he/she had been on the payroll during the following year.  This
payment of the following year's vacation will be made during January of the
following year.

      


      H.           Vacation
pay for any employee entitled to a vacation, will, upon request to management,
be paid to the employee.  Requests must be on time cards two weeks
prior to vacation.

      


      I.           Employees
entitled to a vacation will not be allowed to take money in lieu thereof except
that the Company may, with the employee's consent, pay him/her vacation pay in
lieu of time off for vacation for any weeks of vacation due him/her in excess of
one (1) week in any eligibility vacation period.  It is understood
that the preceding in no way diminishes the Company's right to schedule a
vacation shutdown.

      


      J.           If
an employee takes his/her vacation during a week in which a holiday occurs, the
amount of his/her vacation pay shall be increased by the amount of eight (8)
hours' pay at his/her basic hourly rate, in order to compensate for the holiday
pay to which he/she would have been entitled had they not been on
vacation.  If a holiday falls during an employee's vacation, it may be
mutually agreed to that he/she may receive an additional day off.

      


      K.           Employees
joining the Armed Forces of the United States shall receive their previously
earned vacation pay provided they have fulfilled all of the contractual
requirements for a vacation.

      


      L.           Vacations
will be granted only for continuous periods starting on Monday and ending on
Sunday, except by an employee's choice, he may take two (2) weeks  one
(1) day at a time, or as he/she so desires, with approval from the Foreman or
designee and at least a twenty-four (24)-hour notice.

      


      M.           Employees
who have become eligible to receive a vacation under the provisions set forth in
this Agreement and who thereafter leave the service of the Company shall, upon
request, be entitled to receive vacation pay in lieu of the vacation they
otherwise would have been eligible to receive.

      


      N.           Deductions
from vacation pay will be consistent with the earning period.  For
example, if an employee received two (2) or more weeks of vacation pay, one or
more checks may be issued but the deductions will be calculated as if a separate
check was issued for each week.

      


      O.           In
the calendar year in which an employee terminates due to retirement, the
employee will receive what would have been the Employee's subsequent year's
vacation on a pro-rata basis.  For every full calendar month the
employee works on an active basis, the employee will receive 1/12 of the
following year's vacation.

      


      
        
          
          

        

        
          15

          
            

          

        

        
          
          

        

      

      


      ARTICLE
16

      HOLIDAYS

      


      A.           The
following shall be considered as holidays:

      


      1.           New
Year's Day (January 1st)

      


      2.           Good
Friday (Last Friday Preceding Easter)

      


      3.           Memorial
Day (Last Monday in May)

      


      4.           Fourth
of July

      


      5.           Labor
Day (First Monday in September)

      


      6.           Thanksgiving
Day (Fourth Thursday in November)

      


      7.           Thanksgiving
Friday (Fourth Friday in November)

      


      8.           December
24th

      


      9.           Christmas
Day (December 25th)

      


      B.           The
term "holiday" is defined to mean the twenty-four (24)-hour period between 6:01
a.m. and 6:00 a.m. of the holiday.  When a holiday falls on Saturday,
the preceding Friday shall be considered as the holiday, except when Friday is a
holiday also, then the preceding Thursday shall be considered as the
holiday.  When a holiday falls on Sunday, the following Monday shall
be considered as the holiday, except when Monday is a holiday also, in which
case the following Tuesday shall be considered as the holiday.  Shift
workers shall be paid for holidays on the day the holiday falls.

      


      C.           One
and one-half (1-1/2) times the regular hourly wage rate will be paid for all
work performed on the holidays listed in paragraph A above, in addition to such
holiday pay as the employee may be entitled to under the provisions of paragraph
D below.

      


      D.           All
regular full-time employees on the payroll shall receive holiday pay for eight
(8) hours at their basic hourly rate for each of the holidays set forth in
paragraph A above, provided that they report to work and work the hours as
scheduled on the last scheduled work day preceding and the first scheduled work
day following the holiday.  In the event that a holiday occurs during
the initial calendar week in which an employee becomes laid off, or during the
calendar week in which an employee is recalled from layoff status, the employee
will be entitled to receive holiday pay if he/she is otherwise
eligible.

      


      E.           If
an employee fails to report or fails to work the hours as scheduled on the
holiday, or fails to work the hours as scheduled on the last scheduled work day
preceding and the first scheduled work day following the holiday, he/she will
not receive holiday pay as provided for herein.

      


      F.           If
a regular employee is excused from work for all or any part of his/her last
scheduled work day preceding, or for all or any part of his/her work day
following a holiday, or both, he/she shall be regarded as having worked on such
day or days (for the purpose of qualifying for holiday pay), and they shall be
eligible to receive holiday pay if they otherwise qualified for holiday pay
under the terms of this 

       

      
        
          
          

        

        
          16

          
            

          

        

        
          
          

        

      

      Agreement,
provided that the Company shall excuse absences on such days on the same basis
and for the same reasons as would apply on any other day during the
year.  Employees not excused under the foregoing circumstances will
not qualify for holiday pay.  Employees reporting off will not
automatically constitute an excused absence.  Employees on short-term
disability, or long-term disability, or workers compensation will qualify for
holiday pay not to exceed six months (6).  Eligibility begins the
first full workday away from work.

      


      G.           There
shall be no pyramiding of daily, weekly and holiday overtime.

      


      ARTICLE
17

      FUNERAL LEAVE
PAY

      


      A.           In
the case of the death of a member of the immediate family of a regular employee,
the employer will, when requested in advance, grant a maximum of three (3) days
(twenty-four hours) paid leave of absence, and in no case will the paid leave of
absence extend beyond the day immediately following the day of the
funeral.

      


      B.           The
term "immediate family" as used herein is defined as consisting of the following
members of the employee's family only: mother, father, spouse, children,
brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in law,
stepfather, stepmother, stepson, stepdaughter, grandparents, grandchildren,
brother-in-law, sister-in-law, and spouse’s grandparents.

      


      C.           When
a death occurs to any such member of an employee's family, the employee shall
notify his/her Foreman or designee for such paid leave.  Such paid
leave will not be granted in instances when the employee otherwise eligible does
not attend the funeral.  The employee absent on a paid funeral leave
shall not be eligible for any overtime which is scheduled during the period of
such employee's leave.  If a holiday falls during the paid leave of
absence, the employee will not receive both holiday pay and paid leave of
absence.

      


      D.           The
employee will not be entitled to funeral leave pay for any day falling within
the three (3) day leave of absence which is not a scheduled work day for the
employee or when the employee is on vacation.

      


      E.           The
rate of pay shall be the regular hourly rate of the employee and for regular
scheduled work.

      


      


      ARTICLE
18

      JURY
DUTY

      


      A.           All
regular full-time employees (not including casual or part-time employees) who
have been in the continuous service of the Company for six (6) months or more,
shall be paid wages amounting to the difference between the amount paid to them
for jury service and the amount they would have earned at their basic hourly
rate had they worked on such days with their regular work group.

      


      B.           No
difference shall be paid if the employee received a greater amount for jury
service than he/she would have earned working in his/her work group at the basic
hourly rate.

      


      C.           Employees
who are absent due to layoff, vacation, sickness or injury, or other leaves of
absence shall not be entitled to receive difference payments under this article
during such periods of absence.

      


      D.           No
difference payments for jury service shall be paid in the case of an employee
who is absent on the last scheduled work day prior to starting jury
service.

      


      
        
          
          

        

        
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      E.           No
difference payments for jury service shall be paid to employees who fail to
report to work and work the hours on any scheduled work day on which their
service was not required in court

      


      F.           In
order to receive difference payments as above provided, each such employee must
furnish to the Company a certificate of service duly signed by the Clerk of the
Court.

      


      G.           Employees
scheduled to work after 10 PM for eight (8) hours on days of required jury duty
will be excused from work for this time period and will receive the difference
between the amount paid to them for jury service and the amount they would have
earned at their basic hourly rate had they worked on such days.

      


      H.           Employees
that have received a subpoena or summons from a court of law shall be excused
without pay and he/she shall present a certificate to his/her Foreman or
designee with as much notice as possible.

      


      ARTICLE
19

      PAYDAY

      


      The
parties agree to the present payday which is every other Thursday at 3:30 p.m.
to 5:45 p.m. and Friday at 6:00 a.m.  Employees whose scheduled shift
ends at 2:00 PM will be permitted to get their checks at 2:00 PM.

      


      ARTICLE
20

      MEAL ALLOWANCE
PROVISIONS

      


      A.    Whenever an
employee is required to work overtime, six dollars ($6.00) meal money or a meal
will be provided at the end of two (2) hours' work and each four (4) hours
thereafter, provided that said employee has completed an eight (8)-hour shift
immediately preceding such overtime assignment.

      


      B.    The Company will not
furnish a lunch for an employee called in to work a regular eight (8)-hour shift
for anyone who is sick or absent provided that more than two (2) hours' notice
is given.  If less than two hours' notice is given, the Company will
provide a meal.

      


      C.    If an employee is
called out on an emergency basis, he/she  will be furnished a meal
after completing four (4) hours' work and each four (4) hours thereafter as long
as he/she  is required to stay on the job.

      


      D.    Whenever
maintenance work is scheduled on a twelve (12)-hour relief basis, that is, one
crew relieving another each twelve hours, the Company will provide the second
meal and allow both meals to be eaten on Company time.  It is mutually
understood that these meal periods will be held as short as possible in order to
keep the work going.

      


      E.           Whenever
maintenance work is scheduled on an extended day or holdover basis and one crew
does not relieve another, the first meal period will be for thirty (30) minutes
and shall be on the employee's own time. The Company will furnish additional
meals as required, and these will be on Company time.

      


      
        F.     A
non-shift worker required to work any part of his/her meal period shall receive
pay for his/her

      

      entire
meal period unless he/she is given a full-length lunch period later in the shift
at the employee's option.

      


      
        
          
          

        

        
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      G.         Production
employees working 8-hour shifts will eat their lunch on Company time at such
hours as their duties permit.

      


      


      ARTICLE
21

      WORKERS
COMMITTEE

      


      A.          There
shall be an employee Workers Committee comprised of the Local Union President,
Vice-President, Recording Secretary and not more than two (2) other Committee
persons.  The Union shall certify to the Company from time to time the
names of the Workers Committee persons who shall be employees of the Company,
and the Company shall not recognize any committee person until his / her name
has been so certified. The Workers Committee as a committee, shall negotiate and
settle grievances in Steps 3 and 4 of the Grievance Procedure.

      


      B.    Time spent by
employees in the investigation and settlement of grievances shall be on the
employee’s own time.

      


      C.           During
contract negotiations the number of committee members may be increased to six
(6) active employees.

      


      ARTICLE
22

      GRIEVANCE
PROCEDURE

      


      Should
any difference arise between the Company and the Union, or between the Company
and employees, or between employees of the Company, or should trouble of any
kind arise in the plant, there shall be no strike, stoppage, slowdown,
suspension of work or boycott on the part of the Union or its members or the
employees, or lockout on the part of the Company on account of such
dispute.

      


      First
Step

      


      The
employee shall first take his grievance up with his foreman, and, only if the
aggrieved employee requests, a committeeman shall be given an opportunity to be
present.

      


      If the
grievance is not settled, it shall, within five (5) working days thereafter, be
reduced to writing on a form provided by the Union, signed by the employee, and
presented to the foreman, who shall, within five (5) working days after receipt
thereof, give his written answer to the grievance.

      


      No
grievance will be considered unless it has been submitted to his foreman within
five (5) working days from the date the employee knew or should have known of
the occurrence giving rise to the dispute.

      


      Second
Step

      


      The
grievance shall be considered settled unless within five (5) working days after
receipt of the foreman's written answer, a Union committeeman notifies the Area
Superintendent that he desires additional processing of the
grievance.  Management will arrange a meeting with the grievant and
one committeeman.  Such meeting will be held no later than ten (10)
working days after receipt of the Union's appeal.

      


      The Area
Superintendent or his designated representative shall provide a written answer
to the grievance within ten (10) working days after the close of the Second Step
meeting.

      


      
        
          
          

        

        
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      Third
Step

      


      In the
event the Union is not satisfied with management's Second Step answer, an
officer of the Union, may, within five (5) working days after receiving the
Second Step answer, notify the Plant Manager and/or his designated
representative, in writing, that he wishes to submit the matter for further
consideration.  At the same time, the Union shall provide a written
statement of the contractual reasons the Company's Second Step answer was not
accepted.  The Plant Manager, and/or his designated representative
will discuss the matter with the Workers Committee and, if the Union requests,
an International Union Representative or the President of Local 417 G, at a time
to be mutually agreed upon.  The Plant Manager and/or his designated
representative shall provide a written answer to the grievance within ten (10)
working days after the close of the discussions.

      


      Fourth
Step

      


      If the
answer of the Plant Manager, or his designated representative, does not settle
the grievance, the International Representative of the Union may request that
the grievance be submitted to an impartial arbitrator, providing the grievance
is one which does not involve matters in which arbitration is specifically
prohibited, under the terms of Article II of this Agreement.  The
Union must then notify the Plant Manager of that fact, in writing, within thirty
(30) days after the date the Third Step answer was rendered.

      


      The
International Union Representative and the Company shall make written
application to the Federal Mediation and Conciliation Service requesting a nine
(9) member panel from which the parties shall select an
arbitrator.  The parties shall alternately strike eight (8) names, one
at a time.  The remaining panelist shall serve as
arbitrator.  It is understood that, starting with the first
arbitration case, following the date of execution of this Agreement, the Union
shall strike the first name.  Thereafter the determination of which
party strikes first will be made by the toss of a coin.  Both the
Company and the Union shall have the right to reject one entire panel submitted
by the Federal Mediation and Conciliation Service.

      


      When the
arbitrator has been selected, he shall meet for the consideration of the
grievance as soon thereafter as is practical.  Any such meeting of an
arbitrator shall be held in a location the parties unanimously decide
upon.

      


      Any such
arbitrator shall decide only the grievance submitted to him, upon testimony
presented to him, by the Union and the Company, and shall render his decision in
writing.

      


      The
jurisdiction of the arbitrator shall be limited to a grievance involving the
interpretation or application of the specific provisions of this
Agreement.

      


      Except as
otherwise specifically provided in this Agreement, the arbitrator shall have no
power to change the wages, hours, or conditions of employment set forth in this
Agreement; he shall have no power to add to, subtract from, or modify any of the
terms of this Agreement; he shall deal only with the grievance which occasioned
his appointment.  He will require that the Union has the burden of
establishing its position on behalf of the employee, except in discipline or
discharge cases, where the burden will be on management.

      


      The
parties hereto shall fully comply with the award or decision made by any such
arbitrator, and the decision of the arbitrator will be final and binding on both
parties.  The fee and expenses of the impartial arbitrator shall be
borne equally by both parties.  The expense of witnesses for either
side shall be paid by the party requesting the witness.  The total
cost of the stenographic record which may be made and all transcripts thereof
shall be paid for by the party ordering the same.  If a stenographic
record is made by 

       

      
        
          
          

        

        
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      either
party, the other party shall receive a copy thereof only if the other party
states at the outset of the hearing that he is requesting a copy of such
stenographic record and agrees to pay one-half (1/2) of the cost
thereof.

      


      No
provision of Article VIII or any other Article of this Agreement shall deprive
any employee covered by the terms of this Agreement of any right to which it may
be entitled under Section 9(A) of the Labor Management Relations Act of 1947, or
any other statute of the United States.

      


      In cases
involving verbal or written reprimands, a grievance may be filed and processed
through Step Three, but may not be submitted to arbitration.  The
Union has authority to process, abandon, or settle grievances on behalf of
employees.  The arbitrator may herein determine only one grievance at
a time without the express agreement of the Company and the Union.

      


      The
grievance and arbitration provisions provided for herein, in addition to any
other right or obligation under the Agreement, are limited to grievances and
claims arising and actually filed in writing during the term of this
Agreement.  The parties recognize the principle that the Company's
action governs until and unless modified by an arbitration award which is in
conformity with the provisions of this Agreement, and that the Union may not,
and will not, apply to any court for interim relief of any kind pending such an
arbitrator's award.

      


      In any
case involving discharge or a disciplinary suspension, a grievance may be filed
in Step Three, but the grievance must be submitted no later than three (3)
working days following notice of the action, or the action becomes
final.

      


      In cases
involving written discipline up to and including discharge, a copy of the action
notice will be given to the employee involved and a copy furnished to the
on-site committeeman.

      


      The
parties agree to follow each of the foregoing steps in the processing of a
grievance and, if in any step the Union fails to proceed within the time limits
therein set forth, the grievance shall be considered settled, based on the
Company's answer in the last step through which it was processed.  The
parties further agree that if in any step the Company's representative fails to
give his written answer within the time limit set forth, the Union may advance
the grievance to the next step at the expiration of the time
limits.  All time limitations set forth herein shall be exclusive of
Saturdays, Sundays, and holidays.  Time limits set forth in Step Four
may be extended in writing only by mutual agreement between the International
Representative and the Plant Manager.

      


      ARTICLE
23

      LEAVE OF
ABSENCE

      


      A.           The
Company will grant leave of absence, without pay, not to exceed one (1) year to
one (1) employee who is elected or appointed to a full-time position with the
Union, upon ten (10) days' written request.  Upon ten (10) days'
notice of his /her desire to return to work for the Company, given not later
than one (1) week after he/she ceases to occupy such full-time position or after
the termination of this Agreement, whichever is earlier, he/she shall be
returned to the Company's employment in line with his/her original seniority
rights unimpaired. The Union shall notify the Company promptly when an employee
of the Company on leave of absence under this paragraph B ceases to occupy such
full-time position.  A leave of absence granted under this paragraph B
shall become void and the employee's seniority rights shall be forfeited if such
employee accepts other employment or engages in other work.

      


      B.           The
Company may within its sole discretion grant a leave of absence, without pay,
not to exceed thirty (30) days in any one year, for personal reasons, without
loss of seniority.

      


      
        
          
          

        

        
          21

          
            

          

        

        
          
          

        

      

      C.           Requests
for leaves of absence must be in writing no less than fourteen (14) working days
in advance of to the start of the absence.  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.

      


      D.           A
medical leave provided due to workers’ compensation illness or injury will not
be considered leave time offset against the annual amount required by the Family
and Medical Leave Act (FMLA) as long as the injury or illness would otherwise be
covered by the FMLA.

      


      ARTICLE
24

      MILITARY
SERVICE

      


      A.           Except
as otherwise provided by law, an employee who is inducted into (or joins
voluntarily during a national emergency) the armed services of the United States
shall be granted a leave of absence during the period of such service, during
which period his/her seniority shall accumulate, provided, however, that if
he/she voluntarily re-enlists for an additional period, he/she shall not
accumulate seniority during such additional period of service and shall not be
entitled to the re- employment rights and privileges hereinafter set out. Upon
termination of his/her military service in the first instance, the employee
shall be offered re-employment in line with his/her seniority as may be
available, which he/she is capable of doing, at the current rate of pay for such
work, provided that he/she meets the following requirements:

      


      1.           He/she
has been honorably discharged.

      


      2.            He/she is physically
able to do the work.

      


      3.           He/she
reports for work within ninety (90) days after the date of his/her discharge, or
ninety (90) days after hospitalization continuing after discharge, for not more
than one (1) year.

      


      


      B.           A
regular employee having more than one (1) year of continuous service who is
granted a leave of absence to perform summer military training under the
National Armed Forces Reserves, including Army, Navy or Marine Corps Reserves or
State National Guard, shall be paid for the period of such leave, not to exceed
two (2) weeks in any calendar year, the difference between his/her pay while
performing such training and the compensation he/she would have received at
his/her regular hourly straight-time rate had he/she  worked the
number of straight-time hours which his/her  regular crew worked
during such two (2)-week Period.

      


      C.           This
provision does not apply to employees who perform such training duties during
periods of layoff, vacation, or during any other periods of recognized leave of
absence, nor does this provision apply unless the employee works on his/her last
scheduled work day prior to the leave granted and his/her first scheduled work
day thereafter.

      


      ARTICLE
25

      SAFETY AND
HEALTH

      


      A.           The
Company recognizes a Health and Safety Committee consisting of two (2) members
selected by the Union, and one representative from Management.  The
Company will make reasonable provisions for the safety and health of the
employees during their hours of employment consistent with all governmental
regulations.  Such protective devices and other safety equipment as
may be necessary to properly protect employees from injury shall be provided by
the Company without cost to the employee.

      


      
        
          
          

        

        
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      B.           Adequate
ventilation, drinking coolers, showers, and safety equipment such as respirators
goggles, gloves, and any other safety devices as may be determined from
time-to-time shall be provided by the Company without cost to the
employees.

      


      C.           The
Union agrees that in order to protect the employees from injury and to protect
the facilities of the plant, it will cooperate to the fullest extent in seeing
that the safety rules and regulations are followed and that it will lend its
whole-hearted support to the safety program of the Company.

      


      D.           All
active employees will be reimbursed (up to $100) for one (1) pair of safety
boots annually.  The Company will reimburse active employees regularly
assigned to the Nitrate/Urea area for the actual cost (up to $100 each) of two
(2) pairs of safety boots annually.  Employees may purchase the boots
from any source and will be reimbursed by the Company upon providing the
receipt.  However, if the employee’s boots are damaged and become
ineffective or unsafe due to conditions of the work environment, the employee
will be eligible to receive reimbursement (up to $100) for a second pair that
year upon demonstration to the Company.

      


      The
Company recognizes a Health and Safety Committee consisting of two (2) members
selected from the by the Union, and one representative from
management.  This committee will be maintained for purposes of making
monthly inspections of the plant facilities and making recommendations to
improve safety and housekeeping.  Such members of the bargaining unit
who serve on the team will be excused from work, with pay, on the day of the
committee inspection.  Recommendations of the Health and Safety
Committee will not be subject to the provisions of Article 22 - Grievance
Procedure.

      


      ARTICLE
26

      DISCRIMINATION

      


      Neither
the Company nor the Union shall discriminate against any employee with regard to
the terms and conditions of employment on the basis of race, color, creed,
national origin, sex, age, handicap, religion, or because of membership or
non-membership in a Union.

      


      ARTICLE
27

      BULLETIN
BOARDS

      


      A.           The
Company will provide one bulletin board in each of the four (4) areas for the
purpose of posting official Union notices restricted to the
following:

      


      1.           Notices
of Union recreational and social affairs;

      


      2.           Notices
of Union elections;

      


      3.           Notices
of Union appointments and results of Union elections; and

      


      4.           Notices
of Union meetings.

      


      B.           The
bulletin boards shall not be used by either party for disseminating propaganda
of any kind, posting or distributing pamphlets or political matter, advertising,
or for notices adversely reflecting upon the Union or the Company.

      


      
        
          
          

        

        
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      ARTICLE
28

      SICKNESS
BENEFITS

      


      GROUP
INSURANCE

      


      For
the plan year beginning January 1, 2008, employees will be offered the
opportunity to enroll in a program provided by High Mark Group insurance with
the terms and benefits agreed upon.

      


      For
2008, the group insurance program will include three alternative coverage tier
options—employee only, employee plus one, and family.  Dental and
vision coverage will be offered those who enroll in the health insurance in 2008
and may not be elected separately by anyone not enrolled.

      


      The
employee share of the cost of the GROUP INSURANCE BENEFITS will be 25% of the
premium costs in each year of the Agreement.  However, the Company is
not responsible for any part of the cost of dental and vision coverage, the
premium for which is fully paid by the employee.

      


      For
plan years 2009 and 2010, the plan participants will elect whether coverage that
year will be under a plan provided by High Mark or a self-funded one with tiers,
benefits and premium costs determined exclusively by the Company.  The
Union will authorize High Mark to provide the Company with complete and detailed
experience and cost information which will enable it to prepare terms for
potential coverage under a Cherokee, self-funded plan for the next
year.  High Mark will also provide terms of alternative coverage its
plan would provide.  All plan participants then will have an
opportunity to decide which program to adopt for the following plan
year.  If the program changes to a Company self-funded one in 2009,
the Company will provide the necessary experience to High Mark in similar
fashion the next year so it can quote its alternative program for consideration
and election by 2009 participants in 2010.  The information exchange
and decision shall be done as soon as practical each year.

      


      It
is agreed that in the event some form of “universal” healthcare is initiated by
the government during the term of this Agreement, the then current group program
may no longer be appropriate and a conversion to an alternative system may be
necessary.  The parties will meet to discuss the implications at such
time.

      


      


      


      LONG TERM
DISABILITY

      


      the
Company agrees to pay the cost of a basic employee long-term disability plan
with a maximum benefit of 50% of the monthly pay up to $1,000.00 per
month.

      


      SHORT TERM
DISABILITY

      


      Effective with the date of
this Agreement, the weekly benefit provided eligible employees under the
existing plan will increase to $250.

      


      LIFE
INSURANCE

      


      the
Company agrees to pay the cost of basic life insurance equal to one (1) times an
employee’s annual income, maximum of $50.000.00.

      


      


      MEDICAL
EVIDENCE AND RETURN TO WORK. The employee's
disability and its continuation must be affirmed by acceptable medical evidence
showing the result of examinations made at appropriate 

       

      
        
          
          

        

        
          24

          
            

          

        

        
          
          

        

      

      intervals
throughout the period of absence, such intervals to depend upon the nature of
the disability.  The Company will provide a form on which such
statements may be submitted by the employee's doctor.

      


      If a
disagreement arises between the Company's doctor and the employee's doctor as to
the employee's ability to return to work, the Company's doctor and the
employee's doctor shall agree upon a third doctor who shall make a determination
as to the employee's physical ability to work and the decision of such third
doctor shall be final and binding.  Any fee or expenses of such third
doctor shall be divided equally between the Company and the employee
involved.

      


      RETURN TO
WORK PROGRAM.  For employees who have suffered work related
illnesses/injuries, the company will continue its practice, when possible, of
providing modified duties in an effort to help employees in the transition from
non-ability to work, to full capacity work.  The company also reserves
the right to limit the number of employees in this program.  In such
case, seniority and qualifications will prevail.  When applicable, the
Company will use occupational function capacity evaluations, developed by
certified physicians and therapist, to determine an employee's ability to return
to full capacity work or modified work duty.  A modified duty work
arrangement is intended to be a temporary accommodation and not to exceed four
(4) to eight (8) weeks; however, in the event that an employee cannot return to
full capacity work after said period, the Company will consider establishing a
second modified duty work arrangement, but not to exceed an additional four (4)
to eight (8) week duration.  An employee returning to work on a
modified work duty program will be entitled to his/her normal wage rate as
recorded in Appendix "A" of this Agreement.  In such event there is no
guarantee for overtime work; but any overtime assignments will be offered to the
employee only if he/she possesses the physical and endurance requirements of the
assignment.

      


      The
Company agrees to administer the Return - To - Work program on a
non-discriminatory basis, and the employees at this work location agree not to
abuse the opportunities provided under this program.  This Return - To
- Work program is not intended to adversely affect any other bargaining unit
employee.

      


      ARTICLE 29

      DISCIPLINE AND
DISCHARGE

      


      In the
event that an employee is discharged and the employee considers such discharge
to be without just cause, such action must be appealed to the fourth step of the
grievance procedure within forty-eight (48) hours of the time of such discharge,
excluding Saturdays, Sundays and holidays.

      


      Any
disciplinary action administered and related documentation will remain as part
of the employee’s formal personnel file.  However, the following will
not be used in determining the level of appropriate discipline to be
administered:

      Verbal warning issued active employee
more than 12 months before;

      Written warning issued active employee
more than 24 months before;

      Suspension issued active employee more
than 36 months before.

      


      ARTICLE
30

      GENERAL

      


      A.           MANAGEMENT
EMPLOYEES WORKING. It is agreed that
supervisors are not to perform production or maintenance work to the extent that
it would deprive any worker of his/her  regular job, or would result
in the layoff of a regular employee, or would prevent the hiring of additional
employees, if the amount of work warranted it.  This, of course, does
not preclude a supervisor from helping out in emergencies or from giving
instructions to employees.

      


      
        
          
          

        

        
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      B.           NOTIFICATION
OF CURRENT HOME ADDRESS. An employee must notify
his/her supervisor whenever he/she changes his/her home address.

      


      C.           CONTRACTORS.  The
Company may contract out work at its discretion as long as bargaining unit
employees are not laid off as a result of contracting out bargaining unit
work.

      


      D.           MAINTENANCE
PERSONNEL ON 12 – HOUR SHIFTS. The Company may staff Maintenance on
12-hour shifts as it deems necessary.  Maintenance employees with the
required skills will be assigned by canvassing the maintenance employees with
those skills, by seniority.

      


      ARTICLE
31

      AUTHORIZED
DEDUCTION

      UNION
SECURITY

      


      Membership
in the Union is not compulsory by state and federal law.  Employees
have the right to join, not join, maintain, or drop their membership in the
Union as they see fit.  Neither the Union, its agents, or any employee
shall exert any pressure on, or discriminate against an employee as regards to
such matters.

      


      Union
Security and Check-off.  (a) Upon receipt of written authorization of
any employee who is a member of the union, all in accordance with the
requirements of the Labor Management Relations Act of 1947, as amended, from
time to time, the Company agrees to deduct from the earnings of such employees
who are members of the Union, assessments and weekly membership
dues.  It is agreed that the Company shall check off weekly dues and
assessments, each as designated by the International Secretary-Treasurer of the
Union.

      


      Said
deductions shall be made from such respective employee’s pay in the calendar
month following the month in which the effective date of the employee’s
membership in said Union occurs.  The authorization will be on forms
furnished by the Union and approved by the Company.  A copy which
appears in the Appendix “E” of the agreement.  All such initiation
fees, weekly dues and assessments, that are deducted in this manner, shall be
remitted by the Company to the International Secretary-Treasurer. Pittsburgh,
Pennsylvania, so long as the authorization is validly in effect and not revoked
by the employees.

      


      A check
for deductions shall be to the International Secretary-Treasurer, Pittsburgh,
Pennsylvania each current month, together with an itemized list of all
collections.

      


       (b)
The Union agrees to indemnify, hold, and save the Company harmless of, from and
against all claims, demands, suits, liabilities and expenses or other forms of
liability that may arise out of or by reason of action taken by the Company for
the purpose of complying with any of the provisions of this Article or in
reliance on any notice, authorization, or assignment furnished pursuant to said
provisions.

      


      
        
          
          

        

        
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      ARTICLE
32

      SAVINGS
CLAUSE

      


      If any
term or provision of this Agreement is, at any time during the life of this
Agreement, in conflict with any applicable valid federal or state law, such term
or provision shall continue in effect only to the extent permitted by such
law.  If, at any time thereafter, such term or provision is no longer
in conflict with any federal or state law, such term or provision, as originally
embodied in this Agreement, shall be restored in full force and
effect.  If any term or provision of this Agreement is or becomes
invalid or unenforceable, such invalidity or unenforceability shall not affect
or impair any other term or provision of this Agreement.

      


      


      ARTICLE
33

      STRIKES AND
LOCKOUTS

      


      During
the term of this Agreement, neither the Union, its officers, agents, members,
nor any employee will authorize, instigate, aid, condone, participate in, or
engage in a strike, work stoppage, slow-down, boycott, sympathy strike, overtime
ban, or any other interruption or interference with work or any impeding of
production or business of the Company regardless of whether there is a claim by
the Union of a breach of this Agreement or of State or Federal law by the
Company.  Any employee or employees who violate the provisions of this
Article may, at the sole discretion of the Company, be discharged or otherwise
disciplined.  If an employee is disciplined or discharged for a
violation of this Article, the arbitrator’s jurisdiction is limited to a
determination of whether the employee engaged in activity prohibited by this
Article.

      


      The
employer specifically has a right to proceed directly to court for an injunction
and any and all other legal relief for any breach of this Article.

      


      The
Company agrees that there shall be no lockout during the term of this
Agreement.

      


      ARTICLE
34

      TERM

      


      This
Agreement shall be effective as of the 12th day of November, 2007 and shall
remain in effect until and including 12:00 midnight on November 11, 2010 and
shall continue in full force and effect from year-to-year thereafter, unless
either party to this Agreement desires to change or modify the term or terms of
the Agreement. The party desiring the change or modification must notify the
other party to this Agreement, in writing, not less than sixty (60) days and not
more than seventy-five (75) days prior to the termination date or to any
subsequent anniversary date thereof.

      



      
        
           


        

        
          27

          
            

          

        

        
           


        

      


      EXECUTED
AT CHEROKEE, ALABAMA THIS TWELFTH DAY OF NOVEMBER, 2007:

      


      
        	
                CHEROKEE
      NITROGEN COMPANY

                Cherokee, Alabama Plant

              	 
      	
                UNION

              
	________________________________________ 
      	 
      	________________________________________ 
      
	
                S/Don
      Phillips

                Plant
      Manager

              	 
      	
                S/Leo
      W. Gerard

                International
      President

              
	
                 

                ________________________________________ 
      

              	 
      	
                 

                _______________________________________ 
      

              
	
                S/John
      Nix

                Plant
      Controller

              	 
      	
                S/Jim
      English

                International
      Secretary-Treasurer

              
	 
      	 
      	
                 

                ________________________________________ 
      

              
	 
      	 
      	
                S/Thomas
      Conway

                International
      Vice-President (Administration)

              
	 
      	 
      	
                 

                ________________________________________
      

              
	 
      	 
      	
                S/Fred
      Redman

                International
      Vice-President (Human Affairs)

              
	 
      	 
      	
                 

                ________________________________________ 
      

              
	 
      	 
      	
                S/Stan
      Johnson

                District
      9 Director

              
	 
      	 
      	
                 

                ________________________________________ 
      

              
	 
      	 
      	
                S/Claude
      Karr

                Staff
      Representative

              
	 
      	 
      	
                 

                ________________________________________ 
      

              
	 
      	 
      	
                S/Terry
      Daniel

                President
      417-G

              
	 
      	 
      	
                 

                ________________________________________ 
      

              
	 
      	 
      	
                S/R.
      Longmire, Vice President

              
	 
      	 
      	
                 

                ________________________________________ 
      

              
	 
      	 
      	
                S/B.
      Black, Negotiating Committee

              
	 
      	 
      	
                 

                ________________________________________ 
      

              
	 
      	 
      	
                S/M.
      Koger, Negotiating Committee

              
	 
      	 
      	
                 

                ________________________________________ 
      

              
	 
      	 
      	
                S/S.
      O. Davis, Negotiating Committee

              
	 
      	 
      	
                 

                ________________________________________ 
      

              
	 
      	 
      	
                S/J.
      D. Thomason, Negotiating Committee

              
	 
      	
                 
      

              	 
      
	 
      	 
      	 
      


      

      


       


      
        
           


        

        
          28

          
            

          

        

        
           


        

      


      APPENDIX
“A”

      


      The
hourly rates at the Cherokee, Alabama plant of Cherokee Nitrogen shall be as
follows:

      


      


      Maintenance
Table

      


      
        	 
      	
                 

                Rates
      Effective November 12, 2007

              	
                 

                Rates
      Effective November 12, 2008

              	
                 

                Rates
      Effective November 12, 2009

              
	
                 

                Knowledge
      / Skill Level

              	
                 

                Grandfathered
Rates

              	
                 

                 

                Pay Rate

              	
                 

                Grandfathered
Rates

              	
                 

                 

                Pay Rate

              	
                 

                Grandfathered

                Rates

              	
                 

                 

                Pay Rate

              
	
                 

                Maintenance

                Level
      4

              	
                 

                $17.94

              	
                 

                $19.84

              	
                 

                $18.48

              	
                 

                $20.44

              	
                 

                $19.03

              	
                 

                $21.05

              
	
                 

                Maintenance

                Level
      3

              	 
      	
                 

                $17.69

              	 
      	
                 

                $18.22

              	 
      	
                 

                $18.77

              
	
                 

                Maintenance

                Level
      2

              	 
      	
                 

                $17.45

              	 
      	
                 

                $17.97

              	 
      	
                 

                $18.51

              
	
                 

                Maintenance

                Level
      1

              	 
      	
                 

                $16.97

              	 
      	
                 

                $17.48

              	 
      	
                 

                $18.01

              
	
                 

                1st
      Yr. Mechanic

              	 
      	
                 

                $15.56

              	 
      	
                 

                $16.03

              	 
      	
                 

                $16.51

              
	
                 

                2nd
      Yr. Mechanic

              	 
      	
                 

                $15.83

              	 
      	
                 

                $16.30

              	 
      	
                 

                $16.79

              
	
                 

                3rd
      Yr. Mechanic

              	 
      	
                 

                $16.12

              	 
      	
                 

                $16.60

              	 
      	
                 

                $17.10

              
	
                 

                Utility
      Person

              	 
      	
                 

                $15.56

              	 
      	
                 

                $16.03

              	 
      	
                 

                $16.51

              
	
                 

                Trainee

              	 
      	
                 

                $11.66

                 

              	 
      	
                 

                $12.01

                 

              	 
      	
                 

                $12.37

                 

              


      

       

       

      
        
          
          

        

        
          29

          
            

          

        

        
          
          

        

      

       

      APPENDIX "A"
(continued)

       

      


       

      Operations
Table

       

      


      
        	 
      	
                 

                Rates
      Effective November 12, 2007

              	
                 

                Rates
      Effective November 12, 2008

              	
                 

                Rates
      Effective November 12, 2009

              
	
                 

                Knowledge
      /

                Skill
      Level

              	
                 

                Grandfathered"
Rates

              	
                 

                 

                Pay Rate

              	
                 

                Grandfathered
Rates

              	
                 

                 

                Pay Rate

              	
                 

                Grandfathered

                Rates

              	
                 

                 

                Pay Rate

              
	
                 

                Chem.
      Oper. 4

              	
                 

                $17.94

              	
                 

                $19.84

              	
                 

                $18.48

              	
                 

                $20.44

              	
                 

                $19.03

              	
                 

                $21.05

              
	
                 

                Chem.
      Oper. 3

              	 
      	
                 

                $17.69

              	 
      	
                 

                $18.22

              	 
      	
                 

                $18.77

              
	
                 

                Chem.
      Oper. 2

              	 
      	
                 

                $17.45

              	 
      	
                 

                $17.97

              	 
      	
                 

                $18.51

              
	
                 

                Chem.
      Oper. 1

              	 
      	
                 

                $16.97

              	 
      	
                 

                $17.48

              	 
      	
                 

                $18.01

              
	 
      	 
      
	
                 

                Trainee

                (Probationary)

              	
                 

                ----

              	
                 

                $11.66

              	
                 

                ----

              	
                 

                $12.01

              	 
      	
                 

                $12.37

              


      

       

      


       

      If an
employee bids to a new area, he/she will receive Trainee rate of pay until
he/she qualifies as Operator 1.

      


      Each
fully qualified regularly assigned Board Operator will receive an additional
fifty cents ($.50) per hour for such hours worked in recognition of additional
duties assigned.


      
        
           


        

        
          30

          
            

          

        

        
           


        

      


      


      APPENDIX
"B"

      


      12-HOUR
CONTINUOUS SHIFT OPERATIONS

      


      


      This
agreement establishes the terms and conditions which are applicable when
production employees are scheduled on 12-Hour Continuous Shift Operations at the
Cherokee, Alabama facility.  Explained herein are the procedures which
apply to bargaining-unit employees who work a modified "4-3-4-3" rotating-shift
schedule over a twenty-eight (28)-day period, consisting of the
following:

      


                ---    Thirteen
(13) twelve-hour shifts; and

      


                ---    One
(1) four-hour shift.

      


      Certain
criteria must be met in the preparation of this 12-Hour Shift
Agreement.  It is desirable to conform as closely as possible to the
contractual pay provisions under the current Labor Agreement, and it is
essential that the Company's cost and the employees' wages be equitable for the
same amount of time worked under both a 21-turn shift schedule and the 12-hour
continuous shift operations schedule (hereinafter referred to as the "12-Hour
Shift Schedule).

      


      Federal
Wage and Hour Law requires that an employee be paid time and one-half (1.5) for
hours worked in excess of forty (40) hours in a work week.  No other
overtime/premium payments shall be applicable to this 12-Hour Shift
Schedule.

      


      In order
to satisfy legal and contractual requirements and to provide employees with
equitable pay for the same amount of time worked under both a modified 21-turn
shift schedule and this 12-Hour Shift schedule, the Standard Hourly Wage Rates
listed in Appendix "A" of the current Labor Agreement will be adjusted for the
12-Hour Shift Schedule.  These adjustments are based on the ratio of
equivalent straight-time hours paid on the modified 21-turn shift schedule to
those on the modified 12-Hour Shift Schedule. The Adjusted Hourly Rates, which
are determined by multiplying the current Standard Hourly Wage Rates by a
factor, are applicable only for the proposed schedule. All hours worked or paid
outside this 12-Hour Shift Schedule, such as holdover overtime or call-outs,
will continue to be paid on the basis of the Standard Hourly Wage Rates listed
in APPENDIX "A" of the current Labor Agreement.

      


      I.           CONDITIONS FOR SHIFT SCHEDULE.
The conditions under which the 12-Hour Shift Schedule will be implemented are as
follows:

      


      A.           Coverage
of shift vacancies will be mandatory in accordance with the existing requirement
that an employee may not leave his/her work area until properly
relieved.

      


      B.           The
Company requires the Union employees to hold over or be available for overtime
(by pager) to man the jobs when vacancies occur.  If problems are
encountered in filling vacancies, the Company reserves the right to cancel the
12-Hour Shift Schedule operations at any time with ten (10) days'
notice.

      


      C.           Vacations
will be adjusted as defined herein for employees scheduled on 12-Hour Shift
Schedules.

      


      
        
          
          

        

        
          31

          
            

          

        

        
          
          

        

      

      II.           PAY
PRACTICES

      


      A.           Regular
Scheduled Work Hours

      


      1.           Base Pay

      


      a.           In
order to equalize the cost to the Company and earnings of the employee, it is
necessary to apply a factor of .9756 to the Standard Hourly Wage Rate for each
job class and to develop an Adjusted Hourly Wage Rate for each job
class.

      


      b.           Overtime
worked as part of the regular 12-Hour Shift Schedule will be paid at the
Adjusted Hourly Wage Rate and referred to as Regularly Scheduled Overtime
(RSOT).

      


      2.           Shift
Differential.  An employee who works on the 12-Hour Shift
Schedule during a four-week period will receive forty
($.40)  cents  per hour for all hours worked.

      


      Example:    An
employee whose Standard Hourly Wage Rate is $19.84 per hour would be paid as
follows:

      


      
        	
                Standard
      Hourly Wage Rate

              	
                 $19.84

              
	
                Shift
      Differential

              	
                +          .40

              
	
                Subtotal.

              	
                 $   20.24

              
	
                Factor

              	
                x      .9756

              
	
                Adjusted
      Hourly Wage Rate

              	
                $19.75

              
	 
      	 
      
	
                Above
      rate applicable to Day and Night
Shifts.

              


      

      


       B.           Overtime

      


      1.           Overtime
worked outside the regular 12-Hour Shift Schedule will be paid at the Standard
Hourly Wage Rates listed in APPENDIX "A" of the current Labor
Agreement.

      


      2.           The
computation of hours of days worked for the appropriate overtime premium will be
made under the terms of the current Labor Agreement except that during the week
of the 28-day cycle in which the employee is scheduled to work 48 hours, all of
these hours, except unexcused hours, shall be considered hours worked for the
purpose of computing overtime.  The work week shall begin at 6:00 a.m.
on Monday and end at 6:00 a.m. on the following Monday.  The work day
shall begin at 6:00 a.m. and end at 6:00 a.m. the following
morning.

      


      3.           Employees
assigned to 12-Hour Shifts will eat their lunches on Company time at such hours
as their duties permit. No overtime lunches will be provided to employees while
working scheduled 12-Hour Shifts.

      


      C.           Holiday
Pay

      


      1.           On
the 12-Hour Shift Schedule, a holiday will be paid as follows:

      


      
        
          
          

        

        
          32

          
            

          

        

        
          
          

        

      

      a.           Each
of the two 12-Hour Shifts that work will be paid 1.5 times the Adjusted Hourly
Wage Rate for all hours worked on the holiday plus eight (8) hours of holiday
pay at the Standard Hourly Wage Rate.

      


      b.           Each
Off-Shift employee will receive eight (8) hours times the employee's
straight-time pay at his/her Standard Hourly Wage Rate.

      


      2.           An
employee who works on a holiday will be paid 1.5 times his/her Adjusted Hourly
Wage Rate only for all scheduled hours worked on the holiday plus eight (8)
hours of holiday pay at the employee's Standard Hourly Wage Rate.

      


      3.           An
employee who is scheduled off on a holiday will be paid eight (8) hours only at
his/her Standard Wage Rate.

      


      4.           For
purposes of the 12-Hour Shift Agreement, holidays will be the same as those
listed in Article 16 of the current Labor Agreement.

      


      5.           An
employee who is on a scheduled vacation on a holiday will be paid eight (8)
hours at the Standard Hourly Wage Rate, in addition to his/her vacation
pay.

      


      III.           VACATIONS

      


      A.           Employees
on the 12-Hour Shift Schedule will qualify for vacations in accordance with
Article 15 of the current Labor Agreement.

      


      B.           Vacation
pay for an employee on the 12-Hour Shift Schedule will be computed in accordance
with the number of hours the employee would have been scheduled to work had
he/she not been on vacation. The number of hours of vacation time is defined in
the contract with the maximum being one-hundred sixty (160) hours per year
depending on eligibility.  Vacation time remaining of less than one
(1) week will be taken as per the contract.

      


      C.           One
(1) vacation week equals the hours determined in paragraph B above.

      


      D.           Vacations
will be adjusted for the full year.

      


      E.           A
week of vacation under the 12-Hour Shift Schedule shall be a work week as
defined in Article 15, Section L of the current Labor Agreement, provided that
suitable standby coverage is maintained.  It is understood that
persons working the 12-Hour Shift Schedule may take five (5) twelve-hour days of
vacation one day-at-a-time with approval from the Company and at least a
twenty-four (24)-hour notice.

      


      
        	
                IV.

              	
                OVERTIME
      PROCEDURES.   In addition to paragraphs A and B of
      Section I of this Agreement, the following shall
  apply:

              


      

      


      A.           12-Hour
Shift overtime coverage will be obtained from the replacement chart shown on the
12-Hour Shift Schedule except as otherwise specified below.

      


      B.           All
employees on the 12-Hour Shift Schedule must make available to the Company a
telephone number where they can be contacted.

      


      
        
          
          

        

        
          33

          
            

          

        

        
          
          

        

      

      C.           The
Company may, when such action is necessary to fill a job, require an employee to
work past the time when his/her vacation is scheduled to begin.  The
Company will, however, review any undue inconveniences which may result from
such action.

      


      D.           Overtime
provisions in the Labor Agreement will govern those areas not specifically
excluded herein under this Section IV.

      


      
        	
                V.

              	
                CALL-OUT AND SCHEDULE
      CHANGES.  Not withstanding any other provisions of this
      Agreement, call-outs of 12-Hour Shift employees to vacancies on 12-Hour
      Shifts will be paid at the Standard Hourly Wage Rate for those call-out
      hours.  If an employee is rescheduled to a 12-Hour Shift, the
      employee will be paid according to the 12-Hour Shift
      Agreement.  An employee scheduled to work other than a 12-Hour
      Shift, but who actually works a 12-Hour Shift, shall be paid at the
      applicable Standard Hourly Wage
Rate.

              


      

      


      VI.           MISCELLANEOUS
BENEFITS.

      


      A.           Jury
Duty will be administered in accordance with the provisions of Article 18 of the
current Labor Agreement.

      


      B.           Funeral
Leave Pay will be paid only for two (2) workdays (24 hours) at twelve (12) hours
each at the Standard Hourly Wage Rate.  If a 12 hour shift employee
needs a third day in conjunction with funeral leave, it will be granted, without
pay, upon request.

      


      VII.           SCOPE
OF AGREEMENT

      


      A.           It
is agreed that this 12-Hour Continuous Shift Operations Agreement supersedes the
current Labor Agreement in all areas where there may be a conflict.

      


      B.           All
areas not specifically covered by this Agreement shall be governed by the terms
and conditions of the current Labor Agreement.

      


      C.           In
the event of questions concerning the application of the 12-Hour Shift Schedule,
and/or unforeseen conflicts with the provisions of the current Labor Agreement,
such issues shall be referred to Human Resources for resolution.

      


      D.           Any
modifications and/or changes made to the existing terms and conditions of the
current Labor Agreement as a result of the Cherokee Nitrogen facility or any
portion thereof changing to this 12-Hour Shift Schedule shall be applicable only
during the term of this 12-Hour Continuous Shift Operations Agreement. In the
event that the 12-hour Shift Schedule is subsequently discontinued, the terms
and conditions of the current Labor Agreement will be given their normal
interpretation and application.

      



      
        
           


        

        
          34

          
            

          

        

        
           


        

      


      Schedules
and Factor Determination

      


      One (1)
Four-Week Schedule

      


      


      
        	 
      	
                Week
      No. 1

              	
                Week
      No. 2

              	
                Week
      No. 3

              	
                Week
      No. 4

              
	 
      	
                M

              	
                T

              	
                W

              	
                T

              	
                F

              	
                S

              	
                S

              	
                M

              	
                T

              	
                W

              	
                T

              	
                F

              	
                S

              	
                S

              	
                M

              	
                T

              	
                W

              	
                T

              	
                F

              	
                S

              	
                S

              	
                M

              	
                T

              	
                W

              	
                T

              	
                F

              	
                S

              	
                S

              
	
                DAY

              	
                X

              	
                X

              	
                X

              	
                X

              	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	
                X

              	
                X

              	
                X

              	 
      	 
      	 
      	 
      	 
      	 
      	 
      
	
                NIGHT

              	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	
                X

              	
                X

              	
                X

              	
                X

              	 
      	 
      	 
      	 
      	 
      	 
      	 
      	
                X

              	
                X

              	
                X

              	 
      	 
      	 
      
	
                OFF

              	 
      	 
      	 
      	 
      	
                X

              	
                X

              	
                X

              	
                X

              	
                X

              	
                X

              	
                X

              	 
      	 
      	 
      	 
      	
                X

              	
                X

              	
                X

              	 
      	 
      	 
      	
                X

              	 
      	 
      	 
      	
                X

              	
                X

              	
                X

              


      

      


      


      


      


      


      
        	
                Factor:

              	
                Hours Worked

              	
                Hours Paid at Straight
  Time

              
	
                1st
      Week

              	
                48

              	
                52

              
	
                2nd
      Week

              	
                36

              	
                36

              
	
                3rd
      Week

              	
                40

              	
                40

              
	
                4th
      Week

              	
                36

              	
                36

              
	
                Hours
      in 28-Day Cycle:

              	
                160

              	
                164

              
	
                Thirteen
      28-Day Cycles/Yr.

              	
                X     13

              	
                X     13

              
	
                Number
      Hours Per Year:

              	
                2080

              	
                2132

              
	 
      	 
      	 
      
	
                Factor
      Determination: 2080 / 2132= .9756

              	 
      	 
      


      

      


       


      
        
           


        

        
          35

          
            

          

        

        
           


        

      


      APPENDIX
"C”

      


      401(K)
PLAN

      


      


      Effective
January, 2003, the company will contribute a sum based on 10% of a maximum of
$4,000.00 contribution by a plan participant.  If a participant
employee contributes $4,000.00 during a plan year, the company’s contribution
would be $400.00, for that plan year.

      


      



      
        
           


        

        
          36

          
            

          

        

        
           


        

      


      APPENDIX
"D”

      


      


      The
Cherokee Nitrogen Substance/Alcohol Abuse Policy and Procedure is made a part of
the Labor Agreement by reference.

      
         

         

         

         

        
          
            
            

          

          
            37

            
              

            

          

          
            
            

          

        

        


          APPENDIX
“E”

           

           

          United Steelworkers (USW) Check-off Authorization Form

           

           

        

      

       

      
        
          
          

        

        
          38

          
            

          

        

        
          
          

        

      

       


      LETTER OF
UNDERSTANDING

      


      February
22, 2002 and amended November 12, 2007

      


      


      
        	
                A.

              	
                During
      their negotiations, the Parties discussed Article 4, Work Groups,
      Operations Skill Advancement/On-The-Job Training, and agreed as
      follows:

              


      

      


      All
employees who were hired on or after December 1, 1994, must complete all levels
of advancement outlined in Article 4, B. 2. for operations personnel and in
Article 4, D. 2. for maintenance work groups.

      


      Employees
hired before December 1, 1994, in either operations or maintenance will only be
required to complete the levels of advancement through Level 2.

      


      B.           The
parties also agreed, as follows:

      


      
        	
                1.

              	
                Red
      Circle Personnel listed below will receive first consideration for
      available Utility Positions within all areas of the
      plant.  Those individuals are:  Charlie Pounders and
      Clyde Wallace.

              


      

      


      The
Parties agree that the positions they hold are not subject to the seniority
provisions of Article 10, Seniority, which relate to bidding and bumping
procedures.

      


      In the
event of a reduction in force which includes Red Circled utility persons, plant
seniority shall control any such reduction in force.

      


      It is
understood no employee will be laid off unless he/she has had the opportunity to
displace red-circled employees.

      


      


      
        	
                2.

              	
                Ron
      Russell shall not be required to complete the Operations and/or
      Maintenance Skills Advancement requirements of Article 4, Work Groups, for
      Operations or Maintenance
personnel.

              


      

      


      


      


      


      COMPANY                                                                           UNION

      


      


      


      ______________________                                             ________________________


      
        
           


        

        
          39

          
            

          

        

        
           


        

      

       

      
 

      LETTER OF
UNDERSTANDING

      


      (Board
Operator Premium)

      


      November
12, 2004 and reaffirmed November 12, 2007

      


      During
their negotiations, the parties discussed the Company’s agreement to provide a
premium of fifty cents ($.50) per hour to Board Operators in consideration for
their handling of administrative duties in addition to their regular duties such
as: filling out time cards for production personnel; calling employees for
overtime call-ins; maintaining area overtime board; posting of overtime hours,
refused and worked; maintain attendance records for shift personnel; handles
requests for vacation time off; functions as contact point and receives calls
from suppliers or vendors as needed.

      


      COMPANY                                                                                                UNION

      


      


       ________________________________                                                                           
______________________________

      


      



      
        
           


        

        
          40

          
            

          

        

        
           


        

      


      SUBJECT
INDEX

      


      
        	
                Subject

              	
                Article

              	
                Page

              
	
                Adjustment
      of Grievances

              	
                22

              	
                19

              
	
                Agreement

              	 
      	
                  1

              
	
                Alcohol
      Policy

              	
                Appendix
      “D”

              	
                37

              
	
                Arbitration

              	
                22

              	
                20

              
	 
      	 
      	 
      
	
                Board
      Operator Premium

              	
                Letter
      of Understanding

              	
                40

              
	
                Bulletin
      Boards

              	
                27

              	
                23

              
	 
      	 
      	 
      
	
                Change
      of Home Address

              	
                30

              	
                25

              
	
                Contracting
      Out Work

              	
                3

              	
                2

              
	 
      	 
      	 
      
	
                Disability
      Benefits – Short Term

              	
                28

              	
                24

              
	
                Discharge

              	
                29

              	
                25

              
	
                Drug
      Policy

              	
                Appendix
      “D”

              	
                37

              
	 
      	 
      	 
      
	
                EAP
      – Employee Assistance Program

              	
                28

              	
                24

              
	
                Effective
      Date of Agreement

              	 
      	
                1

              
	
                Employee/Management
      Partnership

              	
                2

              	
                1

              
	 
      	 
      	 
      
	
                Funeral
      Leave

              	
                17

              	
                17

              
	 
      	 
      	 
      
	
                General

              	
                30

              	
                25

              
	
                Grandfathering

              	
                Letter
      of Understanding

              	
                39

              
	
                Grievance
      Committee

              	
                21

              	
                19

              
	
                Grievance
      Procedures

              	
                22

              	
                19

              
	
                Group
      Life Insurance

              	
                28

              	
                24

              
	
                Group
      Medical Insurance

              	
                28

              	
                24

              
	 
      	 
      	 
      
	
                Health
      Care Reimbursement Accounts (HCR)

              	
                28

              	
                24

              
	
                Holidays

              	
                16

              	
                16

              
	
                -
      Loss of Pay

              	
                16

              	
                16

              
	
                -
      Observed Holidays

              	
                16

              	
                16

              
	
                -
      Pay for Holidays Worked

              	
                16

              	
                16

              
	
                Hours
      of Work

              	
                9

              	
                8

              
	 
      	 
      	 
      
	
                Incentive
      Plan

              	
                Appendix
      “C”

              	
                36

              
	 
      	 
      	 
      
	 
      	 
      	 
      
	
                Jury
      Duty

              	
                18

              	
                17

              
	 
      	 
      	 
      
	
                Layoffs
      – Advance Notice

              	
                7

              	
                6

              
	
                Leave
      of Absence

              	
                23

              	
                21

              
	
                -
      Approval

              	
                23

              	
                21

              
	
                -
      Personal Reasons

              	
                23

              	
                21

              
	
                -
      Union Business

              	
                23

              	
                21

              
	
                -
      Medical Reasons

              	
                23

              	
                22

              
	
                Life
      and Medical Insurance

              	
                28

              	
                24

              
	 
      	 
      	 
      
	 
      	 
      	 
      


      


      
        
           


        

        
          41

          
            

          

        

        
           


        

      


      


      
        	
                Subject (cont’d)

              	
                Article

              	
                Page

              
	 
      	 
      	 
      
	
                Maintenance
      Department Work Groups

              	
                4

              	
                3

              
	
                -
      Titles

              	
                4

              	
                3

              
	
                -
      Qualifying

              	
                4

              	
                3

              
	
                -
      Training Progression

              	
                4

              	
                4

              
	
                Maintenance
      on 12-Hour Shifts

              	
                30

              	
                26

              
	
                Management’s
      Rights

              	
                3

              	
                1

              
	
                Management
      Employees Working

              	
                30

              	
                25

              
	
                Meal
      Allowance

              	
                20

              	
                18

              
	
                -
      Meal Period of Non Shift Workers

              	
                20

              	
                18

              
	
                Military
      Service

              	
                24

              	
                22

              
	
                Military
      Training

              	
                24

              	
                22

              
	 
      	 
      	 
      
	
                Operations
      Work Groups

              	
                4

              	
                2

              
	
                -
      Titles

              	
                4

              	
                2

              
	
                -
      Qualifying

              	
                4

              	
                3

              
	
                -
      Training Progression

              	
                4

              	
                2

              
	
                Overtime
      Procedures

              	
                10

              	
                9

              
	
                -
      Call-outs

              	
                10

              	
                10

              
	
                -
      Overtime Coverage Procedure

              	
                10

              	
                9

              
	
                -
      Charged Overtime

              	
                10

              	
                9

              
	
                -
      Maintenance

              	
                10

              	
                9

              
	
                -
      Production

              	
                10

              	
                11

              
	
                -
      Transfers From One Group to Another

              	
                10

              	
                9

              
	
                -
      Reporting Pay – Guarantee

              	
                10

              	
                9

              
	 
      	 
      	 
      
	
                -
      Production Overtime Procedures

              	
                10

              	
                11

              
	 
      	 
      	 
      
	
                Payday

              	
                19

              	
                18

              
	
                Promotions
      to Outside Bargaining Unit

              	
                5

              	
                5

              
	
                Purpose
      of Agreement

              	
                2

              	
                1

              
	
                Protective
      Equipment Safety Policy Procedure (SAF-17-Corp)

              	
                25

              	
                22

              
	 
      	 
      	 
      
	
                Recognition
      of Union

              	
                1

              	
                1

              
	
                Reduction
      In Force

              	
                7

              	
                6

              
	
                Return
      to Work Program

              	
                28

              	
                25

              
	
                Route
      of Advancement

              	
                4

              	
                3

              
	 
      	 
      	 
      
	
                Safety
      and Health

              	
                25

              	
                22

              
	
                -
      Safety and Health Committee

              	
                25

              	
                23

              
	
                Savings
      Clause

              	
                32

              	
                26

              
	
                Savings
      Plan – Section 401 (k)

              	
                Appendix
      “C”

              	
                36

              
	
                Seniority

              	
                5

              	
                4

              
	
                -
      Broken

              	
                5

              	
                5

              
	
                -
      Filling Vacancies

              	
                6

              	
                5

              
	
                -
      New Employees

              	
                5

              	
                5

              
	
                -
      Plant-Wide Seniority

              	
                5

              	
                5

              
	
                -
      Reductions in Workforce

              	
                7

              	
                6

              
	
                -
      Seniority List

              	
                5

              	
                5

              
	
                Shift
      Differential

              	
                14

              	
                14

              
	 
      	 
      	 
      
	
                Wages

              	
                13

              	
                13

              
	
                -
      Seven Consecutive Days Worked

              	
                13

              	
                13

              
	 
      	 
      	 
      


      


      
        
           


        

        
          42

          
            

          

        

        
           


        

      


      


      
        	
                Subject (cont’d)

              	
                Article

              	
                Page

              
	 
      	 
      	 
      
	
                Sick
      Leave Agreement (Short Term Disability Benefits)

              	
                28

              	
                24

              
	
                -
      Return to Work

              	
                28

              	
                24

              
	
                -
      Return to Work Program

              	
                28

              	
                25

              
	 
      	 
      	 
      
	
                Term
      of Agreement, Expiration Date

              	
                34

              	
                27

              
	
                Twelve
      Hour Shift Agreement

              	
                Appendix
      “B”

              	
                31

              
	
                -
      Maintenance on 12 Hour Shifts

              	
                30

              	
                26

              
	 
      	 
      	 
      
	
                Union
      Dues and Checkoff

              	
                31

              	
                26

              
	 
      	 
      	 
      
	
                Vacations

              	
                15

              	
                14

              
	
                -
      Amount Paid

              	
                15

              	
                14

              
	
                -
      During Holiday Week

              	
                15

              	
                15

              
	
                -
      Money in Lieu Of

              	
                15

              	
                15

              
	
                -
      New Employees – First Vacation

              	
                15

              	
                14

              
	
                -
      Pay Following Death

              	
                15

              	
                15

              
	
                -
      Qualifying Hours

              	
                15

              	
                14

              
	
                -
      Retirement During Year

              	
                15

              	
                15

              
	
                -
      Scheduling

              	
                15

              	
                15

              
	
                -
      Weeks Paid Per Year

              	
                15

              	
                14

              
	
                -
      When Paid

              	
                15

              	
                15

              
	 
      	 
      	 
      
	
                Wage
      Rates

              	
                Appendix
      “A”

              	
                29

              
	
                -
      Maintenance

              	
                Appendix
      “A”

              	
                29

              
	
                -
      Operations

              	
                Appendix
      “A”

              	
                30

              
	
                -
      Change in Work Schedules

              	
                8

              	
                8

              
	
                -
      Paydays

              	
                19

              	
                18

              
	
                -
      Premium Pay for Non-Scheduled Workday

              	
                13

              	
                13

              
	
                -
      Shift Differential

              	
                14

              	
                14

              
	
                -
      Wage Rates for New Jobs

              	
                13

              	
                13

              
	
                Work
      Groups

              	
                4

              	
                2

              
	
                Workers
      Committee

              	
                21

              	
                19

              


      

      



      
        
           


        

        
          43