Exhibit 10.1


 


WORKING AGREEMENT

between

CONN-SELMER, INC.

and

UNITED AUTOMOBILE, AEROSPACE

AND AGRICULTURAL IMPLEMENT

WORKERS OF AMERICA,




Local No. 612

(U.A.W.)


 


PREAMBLE


 


This
Agreement entered into and concluded at Elkhart, Indiana, this 31st day of March,
2003 and effective the 1st day of April, 2003 by and between Conn-Selmer, Inc.,
1119 North Main Street, or its successors, hereinafter known as the Company,
and the International Union, United Automobile, Aerospace and Agricultural
Implement Workers of America (U.A.W.), and its affiliated Local Union No. 612,
hereinafter known as the Union.


 


Article I


DEFINITIONS


 


For
the purpose of this agreement, certain words and phrases, wherever they appear
in this agreement, shall be deemed to mean the following:


a)              Employees:
All persons in the employ of Conn-Selmer, Inc. for more than sixty (60) days at
1119 North Main Street, and its Plant 2 at 2415 Industrial Parkway, plus other
operations now under the jurisdiction of Local No. 612, which may be moved and
which will still remain under the jurisdiction of Local No. 612, Elkhart,
Indiana, except sales, clerical, engineering, chief inspector, and supervisory
employees.


b)             Seniority:
An employee’s status in relation to other
employees based on length of service.  See
Article VIII.


c)              Steward:
A representative of employees, as
provided for in Article III.


d)             Bargaining
Committee: The Committee of
employees created in accordance with the provisions of Article III.


e)              Company
Executives: Any executive or other
representative of the Company who may be designated to represent the Company in
carrying out the provisions of this agreement.


f)                Grievance:
Any act or condition which an employee feels to be in violation of the terms of
this agreement or unfair or improper in connection with wages, hours, and
working conditions.


g)             Probationary
Worker: A person who has been
employed less than sixty-one days.


 


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h)             Classification:
More than one employee engaged in the same or similar work in a department
where each employee in a group could do the work of any other employee in that
group in accordance with Company standard.


i)                 Average
Employee: An employee skilled and
experienced in the type of work in which he is engaged and who shows
willingness and ability to produce a reasonable volume of output of standard
quality work.


j)                 Insubordination:
An employee’s willful refusal to obey a proper order or instructions of a
supervisor.


k)              To
Quit: To leave the employment
of the Company voluntarily; statement of an employee to his supervisor or other
notice to the Company of his intention to leave his employment, coupled with
failure to report at the beginning of working hours on the work day after
notice of intention to leave employment; any action as listed above shall be
considered conclusive evidence of leaving the employment of the Company for the
purpose of this definition and of interpretation of this agreement.


l)                 Trainee:
An employee who is being trained because of a bump, job elimination, or open
bid.


m)           Reprimand:  Disciplinary procedure.  Refer to Article VII, Shop Rules and
Discipline


n)             Straight
Time Average Hourly Earnings: All
regular earnings averaged over a period of time excluding overtime premium pay.


 


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Article II

RECOGNITION


Section 1, Bargaining Agent


The
Company recognizes the Union as the exclusive bargaining agent for all its
employees (exclusive of salesmen, clerical, engineering, chief inspector, and
supervisory employees) for the purpose of collective bargaining with respect to
rates of pay, wages, hours and other conditions of employment.


 


Section 2, Union
Members


So
long as permitted by applicable laws, decisions and regulations, all employees
covered by this agreement shall as a condition of continued employment be
required to be members of the Union on the effective date of this
agreement.  Probationary employees and
new hires shall become eligible for union membership thirty (30) calendar days
after being hired and shall become members of the Union before being
transferred to the active seniority list at the end of the sixty (60) day
probationary period.


 


Section
3, Dues


The
Company shall deduct all regular dues and initiation fees levied in accordance
with the International Union Constitution from the pay of each member who has
voluntarily signed an authorization permitting and instructing the Company to
make such deductions.  Such deductions
shall be made from the 3rd pay of the employee each month and remitted to the
Financial Secretary of Local 612 not later than the last day of each calendar
month.  The Union shall furnish to the
Company a schedule of the current dues and initiation fees and notify the
Company officially in writing of any change in such dues.


 


Article III

REPRESENTATION


 


Section 1, Stewards & Bargaining
Committee


For the purpose of
collective bargaining, the employees shall be represented by a Bargaining
Committee of not to exceed six (6) members, two of whom shall be the President
and Vice President of the Union, plus any International Representatives who may
accompany them.


 


The Company will
recognize members of the Bargaining Committee, as well as stewards as
representatives of the Union, for the purpose of handling safety and health
complaints, settling disputes and grievances. 
Members of the Bargaining Committee and Stewards will represent the
respective plant and areas of their jurisdiction and will be permitted to leave
their work during the working hours to perform their designated duties as
provided for in this agreement.


 


At the request of either
party, the President (during Company paid hours) may be called in to help
adjust any controversy that may exist between the parties.


 


Should the International
Representative feel it necessary, they reserve the right to call in the
International Time Study.


 


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The Union will be
entitled to a sufficient number of stewards so that each employee has the
opportunity of being represented as provided in the Grievance Procedure of this
agreement.


 


The Union assumes the
responsibility for assigning the duties of the Bargaining Committee and
stewards, but Bargaining Committee members or stewards will not be
discriminated against because they perform duties assigned to them as provided
in this agreement.


 


The steward and
Bargaining Committee person shall notify the supervisor at the time of going on
union business, if the supervisor is available.


 


Section 2,
Notification


The
Union agrees that immediately upon the election of new representatives,
stewards, or any change in the personnel of any of the Committees dealing with
the Management, the Management will be immediately notified of such changes in
writing.


 


Section 3, Payment for Union Time


Shop Stewards, Time Study
Representatives and no more than six (6) members of the Bargaining Committee
will be paid for time lost while handling grievances, complaints, or any
negotiations with representatives of the Company as allowed for by this
agreement.  Incentive Union representatives
will be paid 125% of their applicable maximum incentive base rate and
non-incentive representatives will be paid their applicable hourly rate.


 


Employees shall be paid
their hourly rate or incentive base rate if applicable for time lost when
discussing grievances or complaints with representatives of the Company during
regular working hours.


 


If Bargaining Committee
members are requested by Management to stay beyond their shift or come into the
plant before or after normal working hours, premium time will be paid for the
time spent in such meetings.


 


Section 4, Union Bulletin Boards


The
Company shall provide a bulletin board for the exclusive use of the Union.


 


Section 5, Union Activities


The
Union agrees that its members will not carry on any Union activities in the
plant or on the premises of the Company during working hours, except as
definitely provided for in this agreement, or as may be mutually agreed
upon.  Those who are not working shall
abide by this rule, as do those who are working.  Lunch hours and before and after regular work shall not be
considered working hours.


 


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Article IV

MANAGEMENT


Section 1


The
Management of the plant and the direction of the working force remains an exclusive
Management function.  This right of
Management includes, but is not limited to, such functions as the right to
plan, schedule, direct and control operations; to study or introduce new
production methods or facilities; to discontinue present jobs; to make
reasonable rules and regulations covering the operations of the plant; to hire,
promote, demote, assign, and transfer employees; to lay off employees because
of lack of work; and to suspend, discharge, or otherwise discipline employees
for proper cause.  The Company shall
have the exclusive right to determine the source or sources from which
applicants for work shall be secured and shall be the sole judge of
requirements and qualifications for employment.  All of the above shall be true as long as it does not conflict
with other provisions herein.


 


Supervisors
and other salaried employees not under the jurisdiction of U.A.W. Local #612
will not perform bargaining unit work except for the following:


1.               Experimental,
developmental, or prototype work


2.               Emergencies
– An unforeseen combination of circumstances or the resulting state that calls
for immediate action.  Departmental
Steward will be notified as these occasions arise


3.               Instruction
and training of bargaining unit employees


4.               Diagnosis
of equipment for operational problems


 


Section 2, Subcontracting/Outsourcing


It is the policy of the Company to utilize its employees in the
performance of manufacturing, maintenance, and tool and die work in the shop
that is presently and historically performed by Bargaining Unit employees.  Both parties do hereby recognize that
instances may arise during the term of this agreement when the Company finds it
necessary to utilize outside contractors. 
In such instances, the Company will provide the Union sixty (60) days
advance notice, in writing, and information prior to such utilization and agree
to meet with the Bargaining Committee and discuss the reasons for the proposed
outsourcing and any possible solutions that may otherwise economically allow us
to keep these jobs in-house.  If
subcontracting reduces an employee’s work hours below forty (40), the Company
agrees to meet with the Union in order to attempt to resolve the issue.  If the Union is not notified of the
outsourcing or subcontracting, the Company will pay the amount of labor cost of
the job that was done outside.


 


Section 3, Commitments re Cooperation,
Employee Empowerment and Team Concept


Conn-Selmer, Inc. and the U.A.W.
Local Unions have recognized their respective responsibilities to develop
improvements in the work environment. 
Both parties maintain that an adversary relationship in labor matters is
counterproductive.  It is readily
understandable that future success in our very competitive business depends in
large measure upon the ability to create a work environment which enables each
person to contribute his/her knowledge, skill, ability and experience to the
health of the enterprise as a whole. 
The parties agree to continually review and revise non-productive work
rules and practices that adversely affect the competitiveness of the
operations.  Neither party can condone
wastefulness in any manner – be it of people, plant,


 


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machinery or material.  Both parties agree to work as a team in the
exploration and development of innovative programs conducive to the positive
attitudes of all our employees.  The
Company and the Union agree that teamwork, cooperation and communication are
key factors in the overall success of the operation as a whole. The Union and
the Company agree to make every effort possible to maintain a positive and
productive relationship.


 


Section 4, Safety and Health


The Company shall continue to
make necessary provision for the safety and health of its employees during the
hours of their employment.  Individual
employees shall be responsible for using proper safety devices and following
all health and safety rules and regulations. 
The Union shall cooperate with the Company in the use of safety devices
and observance of safety rules and regulations.


 


Employees of Conn-Selmer, Inc.
under the jurisdiction of the U.A.W. will be represented by their Health and
Safety Representatives from the Bargaining Committee.  They will be automatic members of the Safety Committee.  The Safety Committee will meet on a monthly
basis to discuss and review the safety condition of their plant.  In addition to the Health and Safety
Representatives the Safety Committee will consist of designated members of
Management.


 


Article V

DISCRIMINATION


Section 1, Discrimination/Union


The
Company agrees that there shall be no discrimination against any member of the
Union because of said membership.


 


Section 2, Discrimination/Other


Neither
the Company nor the Union shall discriminate against any employee because of
age, sex, race, nationality, handicap, color, religion, political belief, or
marital status for the purpose of evading the spirit or letter of this
Agreement.


 


Article VI

GRIEVANCE
PROCEDURE


 


Section 1, Purpose and Intent


The
purpose of this contract is to provide a working agreement which will enable
the Company and its employees, who are represented by the Union, to perform
their daily production in an efficient, peaceful, and orderly manner with
fairness to all.


 


It
is the intent of all parties to gain benefits through cooperation and good will
in the fulfillment of their respective obligations as set forth in the contents
of this agreement.


 


Section 2, Grievance Procedure


For
the purpose of peacefully settling all complaints and grievances, both parties
will be governed by the grievance procedure as outlined in this article.


 


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The
Company agrees to meet with the representatives of the Union to settle
grievances or disputes at such time as may be necessary and reasonable.


 


The
Bargaining Committee may write and sign a grievance on behalf of an employee or
group of employees.  If the issue raised
is not appropriate for resolution at the first or second step, the grievance
may be referred by the Bargaining Committee directly to the third step.


 


Section 3, Time Limits


No complaint will be considered a grievance unless
the incident causing the complaint is reported within ten (10) working days of
the time it became known to the person making the complaint.


 


Time
limits will be strictly adhered to in all five steps. If the Company fails to
meet the negotiated time limit in the grievance procedure, the specific
adjustment requested will be awarded to the grievant, provided such adjustment
is allowed by our working agreement and is compliant to the present contract
language.  Should the Union fail to meet
the limits set forth in our working agreement, the Company’s last answer will
service as settlement  to
the grievance, providing such answer is compliant to our contract language.  Extensions to the time limits may be
mutually agreed to in writing.


 


Section 4, Steps to the Grievance Procedure


 


Step One


An
employee having a grievance, or one designated employee of a group having a
grievance will first take up the grievance with the steward and the supervisor
who will attempt to adjust the problem


 


If the grievance is not
adjusted by the supervisor, it will be reduced to writing by the Union and
signed by the supervisor.  The
supervisor will answer the grievance in writing within five (5) working days, excluding weekends and holidays, after receipt of
the grievance.


 


Step Two


If the supervisors answer is
unsatisfactory, the grievance will be forwarded to the Bargaining
Committeeperson of that area  or
the President.  He/she may then appeal
the grievance to the Human Resource Representative (or alternate when the need
arises) within five (5) working days. 
They will meet, within five (5) working days, in an attempt to settle
the grievance and the Human Resource Representative (or alternate when the need
arises) will write an answer within five (5) working days, excluding Saturdays,
Sundays, and holidays after the meeting.


 


Step Three


If the grievance remains
unsettled, it may be forwarded
by a member of the Bargaining Committee to the President who will meet with the
Bargaining committee within  five
(5) working days to the Plant Manager (or alternate when the need arises) who
will attempt to resolve the matter with the President, Vice President and one
other committee person.  The Plant
Manager (or alternate when the need arises) will meet with President, Vice
President and one


 


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other
committee person will meet on the grievance(s) within five (5) working
days.  The Plant Manager (or alternate
when the need arises) has to give an answer within five (5) working days,
excluding Saturdays, Sundays, and holidays from the final meeting and the
discussion of the matter.


 


Step Four


If the grievance remains
unsettled, it may be appealed to step four by filing a written appeal within
five (5) working days of the step three answer.  The International Representative, the Bargaining Committee and
the Director of Human Resources (or alternate when the need arises) will meet
and attempt to resolve the grievance no later than thirty (30) calendar days.


 


The
Director of Human Resources (or
alternate when the need arises) will give their decision in writing with
respect to the grievance within ten (10) working days excluding Saturdays,
Sundays, and holidays, from the final meeting and discussion of the matter.


 


The
Union representatives or the Management will have the right to call as witness
any employee to testify as to the facts concerning any disputes during the
hearing of a grievance or complaint.


 


Step five, Arbitration


Any
grievance which is not satisfactorily settled in Step Four of the Grievance
Procedure may be submitted to arbitration by the Union, by providing the
Company with a written notice of its intent to arbitrate within thirty (30)
working days of the receipt of the Company’s answer in Step Four.


 


The
Union and the Company will agree upon an arbitrator selected from a panel of
seven (7) arbitrators obtained from the Federal Mediation and Conciliation
Service, or any other method mutually agreed to.  The cost of such panel will be split between the parties.  Selection will be made by the Company and
the Union from the Federal Mediation and Conciliation Service panel,
eliminating one name until only one name remains on the list.  The name remaining will be the
arbitrator.  The right to strike the
first name on the panel will be rotated between the Company and the Union.


 


The
arbitrator’s power will be limited to the application and interpretation of the
agreement to settle the grievance before him. 
The arbitrator shall at all times be governed wholly by the terms of
this agreement and will have no power to, or authority to, amend, alter, or
modify this agreement in any respect. 
The arbitrator’s fees for the hearing will be paid by the losing party.
The Company and the Union each will pay the expenses of it’s own
representatives and witness.  Should
either party choose not to use the first panel of arbitrators, that party that
chooses to send for a new panel will bear the total expense of said panel.  Should either party request a stenographer,
said party will bear the total expense of the stenographer.  If the arbitrator renders a split decision
the arbitrator shall make as part of his/her decision a ruling as to how the
cost of his/her services and expenses shall be prorated.  It will be the duty of the arbitrator within
thirty (30) days after the oral hearing is concluded to make his/her decision
in writing and to furnish a copy thereof to each of the parties.  His/her decision will be final and binding
upon both the Union and the Company.


 


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Note:  The Union retains the right to withdraw any
grievance at any time in the grievance procedure.


 


Section 5, Probationary Employees


The
Union may represent any probationary employee in the matters of wages or
working conditions only.


 


Section 6, Lockout and Strikes


The
parties hereto agree that at no time during the life of this agreement shall
there be any strike, walkout, slow-down, lockout or other stoppage of work in
the plants of the Company.  During the
term of the Agreement, the Company agrees that it will not lockout its
employees.


 


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Article VII


SHOP RULES AND
DISCIPLINE


 


In
every business where many people work together, some specific rules and
regulations are necessary to define acceptable conduct and to promote the
smooth functioning of the business as a whole.


 


The
purpose of the following rules is to insure all employees’ safety and fairness
in their cooperative efforts.  The
Company feels that the great majority of employees are conscientious and follow
acceptable work habits. Unfortunately, there are a few individuals who abuse
the rules. For this reason, we have set forth acts of misconduct, which, if
committed, will result in appropriate disciplinary action.


 


When
an employee is being counseled for a disciplinary problem, the steward will be
involved at the department level and the President/Committee person or designee
at the Human Resources level.


 


Infractions of a Minor Nature


1.               Loafing, neglect or failure to perform
assigned duties.


2.               Violation of safety rules


3.               Failure to be in assigned area or at work
station at required time


4.               Leaving the department or job prior to
authorized time


5.               Use of the telephone during working hours
without permission


6.     Creating or contributing to unhealthful or unsanitary conditions, or
displaying signs, obscene pictures or literature, or distributing them.


7.               Negligence resulting in inferior work, scrap,
or waste. A valid Quality Variation Reports will be considered.


8.               Creating a condition hazardous to the
individual or fellow employees such as horseplay, yelling, running, shoving or
throwing articles.


9.               Failure to wear or use safety equipment as
required by PPE standards


10.         Solicitation of employees for donations or membership in outside
organizations, circulation of petitions or magazines in the Plant without
specific approval of the Human Resources Department (Union excluded)


11.         Being in an unauthorized area of the Plant or Company property


12.         Being on Company property while under the influence of alcohol, or any
other illegal or controlled substance


13.         Gambling of any type


14.         Changing a certain phase of a set operating procedure without proper authorization


15.   Posting of notices or signs or writing in any form on official bulletin
boards or removal of approved notices without approval of the Human Resources
Department.  Union bulletin boards
excluded.


16.         Leaving the Plant at break or lunch period and not returning without
permission or notification


17.         Entering or leaving the Plant by other than the designated employee
entrances


 


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18.         Subtle forms of harassment, intimidation, or inappropriate language or
behavior.


19.         Smoking in non-designated areas


20.         Loitering, roaming about or visiting throughout the Plant


 


ANY
EMPLOYEE COMMITTING ANY OF THE ABOVE OFFENSES is subject to the following:


 


1st Offense
- Written warning in the presence
of the employees’ steward. An entry noting the date and detailed reason for the
reprimand will be placed in the employees’ personnel file and a copy provided
to the union.


 


2nd Offense
– Written warning given in the
presence of the President/Committee person or designee. An entry noting the
date and detailed reason for the reprimand will be placed in the employees’
personnel file and a copy provided to the union.


 


3rd Offense
– Final Written Warning with
counseling from the Human Resources Department in the presence of the
President/Committee person or designee. An entry noting the date and detailed
reason will be placed in the employees’ personnel file and a copy provided to
the union.


 


4th Offense
– Discharge


 


ALL
WARNINGS WILL REMAIN IN EFFECT TWELVE [12] MONTHS FROM THE TIME OF INFRACTION.


 


Infractions
of a Major Nature


1.               Insubordination [willful disobedience of an
order by management]


2.               Theft


3.               Bringing, having, or consuming intoxicating
beverages or narcotics in the Plant or on the Plant property.


4.               Smoking in high fire hazard areas.


5.               Willful damage to or unauthorized removal of
property belonging to the Company or another employee.


6.               Walking off the job.


7.               Swiping another employees’ badge in or out
resulting in pay for time not worked.


8.               Falsification of personnel records.


9.               Possession of firearms or any type of weapon
on Company property.


10.   Physical violence, aggressive retaliatory actions, verbal threats,
patterns of continued intentional harassment, sexual harassment, or any
violation of discrimination laws.


11.         Flagrant violation or reckless disregard of any safety rule or policy
which places the employee or others in danger.


12.         Falsifying incentive earnings, production
counts, or time entries.


 


Any employee committing any of the above
offenses is subject to discipline up to and including discharge without any
previous steps issued.


 


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Suspension
or discharge must be for “just cause”. 
All discipline will be graded to fit the offense.


 


Article VIII


SENIORITY


 


Section 1, Plant Seniority


Plant
seniority shall be observed and determined by the most recent hiring date of
each employee.  In cases where two or
more employees are hired the same day, seniority is established at time of hire
by alphabetical order of the last name.


 


Section 2, Probationary Employee


New
employees shall be regarded as probationary
for the first sixty days of their employment.  After sixty days of continuous employment, the names of such
employees shall be placed on the seniority list.


 


Any
probationary worker who is laid off and recalled within ninety (90) days will
retain his/her original hire date.  If
the sixty (60) day probationary period has not been completed, the employee
shall complete his/her probationary period. 
The employee will be eligible for benefits in accordance with his/her
seniority date.


 


Section 3, Bargaining Committee and Steward
Seniority


For
reduction of force only, the President, Vice President, and the Bargaining
Committee shall head the seniority list in the plant and all Stewards shall
head the seniority list in their districts and shifts (unless a higher officer
is involved) but all shall be returned to their original standing on the
seniority list upon termination of service on said Committee and/or as Shop
Steward.


 


Section 4, Shift Preference and Seniority


a)              Senior
employees shall have preference of the first, second, and third shifts.  No one may exercise a shift selection more
often than every three months.  An
employee who is exercising his shift preference and displacing another employee
shall not be moved until the first day of the work week which immediately
follows the end of a thirty (30) day period which began at the time the
employee exercised his shift preference. 
If any deviation becomes necessary, such changes will be made by mutual
agreement between the Company and the Union.


 


b)             When
an opening occurs in a job which is worked more than one shift, that opening
shall be offered first for purposes of shift selection to those working the job.
If there are no employees with recall to the open shift, employees on layoff
with recall to the opposite shift will be offered the job.  In such instances, refusal will not result
in loss of recall rights to the regular shift.


 


Any remaining opening will then be posted.  After the opening is filled, the successful
bidder shall not be able to exercise shift selection for a period of three
months.


 


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c)              This
procedure does not pertain to split shifts (i.e. Plant 2 - Shipping) nor does
it pertain to combination jobs. 
Combination jobs are offered first to the employee on layoff, by
seniority, by shift based on the job that the combination is being created
from.


 


d)             An
employee displaced by a bump may either exercise his bumping rights or exercise
his shift selection preference.


 


Elimination of shift would automatically
constitute a layoff, and affected employee or employees would have bumping
rights as per agreement Article VIII, Section 7(c).  The Company shall be the sole determiner of the number of persons
to work any shift.


 


e)              An
employee bumped for preference of shift will be allowed to exercise bumping
rights to another job on the same shift with recall rights to the job and shift
he was bumped from.


 


Section 5, Establishment and Loss of
Seniority


An
employee’s length of service for the purpose of establishing seniority shall
accumulate from the most recent hiring date without any time deducted on
account of leave of absence.  An
employee shall cease to have seniority and is no longer an employee if:


a)              He
quits.


b)             He
is discharged for cause, and the discharge is not reversed through the
grievance procedure.


c)              He
is absent for two consecutive working days without notifying the Company unless
he has a reasonable and valid excuse for his failure to provide
notification.  Notification shall, if
possible, be given prior to any absence, and in any event, as soon as possible
after the beginning of the absence. 
Such notification shall include definite and proper reason for any
absence.  Illness shall not constitute a
reasonable and valid excuse within the meaning of this paragraph for an absence
of more than two consecutive weeks.  An
absence of more than two consecutive weeks because of illness shall be subject
to the provisions of Article IX, Section 2. 
If an employee has failed to report his absence, a meeting will be held
within one (1) day following the employees return to work, to review the facts
surrounding the failure to report.  The
President and his designee will be 
present.  A decision will be made
by management within 24 hours of the hearing regarding whether or not the
employee shall lose his seniority.  Any
loss of seniority of the employee will be subject to the grievance procedure.


d)             He
fails to return to work from layoff within five (5) consecutive working days
after receipt of notice from the Company to return, subject, however, to the
provisions of Section 6 of this Article. 
Evidence of notice shall be conclusive when given by registered U.S.
mail (return receipt requested) addressed to the employee’s residence of
record.


e)              He
does not return at the expiration of a leave of absence or does not request and
receive an extension of said leave of absence.


f)                He
is absent for more than five consecutive working days (except for illness)
without obtaining a leave of absence.


g)             He
is promoted into management or out of Local 612 jurisdiction.


h)             He
is laid off for a period that is equal to his seniority.  At no time shall any employee have less than
90 days seniority.  But in no event
shall he retain his seniority after sixty (60) months of continuous layoff.


 


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Section 6, Recall of Employees


a)              Employees on layoff shall be notified
officially by certified mail (return receipt requested) from Human Resource
Department, sent to the last home address shown on the personnel records as
furnished by the employee.  Evidence of
notice shall be conclusive when the above procedure is fully complied
with.  The Company may contact by other
means for the purpose of expediting recalls.


b)             In the event a laid off employee employed
elsewhere (outside of the jurisdiction of Local  612 UAW) is recalled for work of a short duration, he/she may
refuse recall and maintain rights to his regular job.


c)              Short duration shall be defined as thirty-
(30) work days or less.


d)             The Company may work overtime in a group
while employees are laid off from the group. 
Employees shall be recalled to the group when, after deducting the hours
of group’s absences in the week from the amount of the group’s weekly overtime
and then adding the hours of any employees transferred into the group during
the week, there remains a number of hours that would provide recalled employees
with thirty-two (32) hours of work for a reasonable length of time.  If there are no employees with recall rights
to the group, then the Company may offer unlimited amounts of weekly overtime.


e)              An employee called for work shall report at
the time specified in the notice. 
Failure to report for work at the time specified shall not result in
loss of seniority if the reason is due to illness, accident or emergency.


f)                If the recall is to a permanent position the
Company must guarantee two- (2) weeks work or the recall does not have to be
accepted and the employee retains that same recall.  On an immediate recall the Company does not have to guarantee two
(2) weeks of work.


g)             If a recall is immediate the employee must
accept or lose all rights to the job. Employees shall have one (1) hour to look
at the list of available jobs to determine whether or not to accept the recall
or exercise his/her bumping rights.  By
refusing they must then make a bump if the recall was to their regular job or
be terminated.


 


Section 7, Reduction of Work Force


Seniority
and qualifications shall govern any reduction in the working force over five
(5)  working days, or a
reduction in working hours below forty- (40) hours in a calendar month.


a.)           The Company shall give at least a two-day notice before layoff excluding
probationary employees.


b.)          When it becomes necessary to reduce the hours of work in a job
classification, layoff will be as follows:


1.               Probationary


2.               Temporary


3.               Employees who have not qualified


Thereafter, the least senior employee(s) will
be reduced from such job classifications.


c.)           Employees
reduced from a job classification may exercise their seniority to displace the
least senior employee in any job classification their seniority will
allow.  An employee must exercise
his/her seniority for bumping within five working days, excluding holidays, the
annual physical inventory, and the annual factory shutdown, after the date of
layoff by signing an irrevocable bump form.


 


14

















 


d.)          An employee bumping into a job classification should have the skill and
ability to perform the work in a competent manner up to the Company’s quality
and production standard.


e.)           Employees who were qualified in the job classification within the last
three years will be presumed to be qualified. 
Employees will have thirty (30) working days to qualify without
training.  Familiarization with the
process will be provided.  Pay will be
100% base rate.


f.)             Employees not qualified will have (See
Bumping Chart) time to qualify with training. Pay will be eighty (80) percent
of base rate with no progression until the employee qualifies.


g.)          Employees displaced through the bumping process will be entitled to the
same rights to exercise their seniority as set forth above.


h.)          Qualifying under the bumping procedure will be evaluated on performing at
100% of standard averaged over forty- (40) consecutive work hours for incentive
positions and normal production level for non-incentive positions.


i.)              Failure to qualify will result in the
employee being placed on layoff with bidding and recall rights to his/her
regular job.


 


Bumping Chart


Labor Grade 1 through 3  will have three (3) week to train and must
qualify in the fourth week.  Employee
will be allowed to qualify earlier at their discretion.


 


Labor Grade 4 through 6 will have six (6) weeks to train and must
qualify in the seventh week.  Employee
will be allowed to qualify earlier at their discretion.


 


Labor Grade 7 and above will have to be pre-qualified. Qualification
and ability of the employee shall be determined by Management, subject to the
Grievance Procedure.  Employees will
have thirty (30) working days to qualify without training.  Employee must be at 80% efficiency within
the third week.  Familiarization with
the process will be provided.  Employee
will be paid at 100% of base wage.


Note:  Week equates to five (5)
working days.


 


j)                 Combinations



The parties recognize that work is not static
and that new and changing technology requires continuous changes in job
content.  Minor changes will be
ongoing.  In addition to such minor
changes, the Company reserves the right to create, discontinue, combine or
modify job classifications at anytime. 
Changes in job classifications will be negotiated with the Union.  The SHP language will govern any changes in
methods that directly effect the standards. 
Should the Union disagree with the rate established by the Company, a
grievance may be filed under Article VI, if the issue is not resolved in the
grievance procedure, the Union may advance such grievance to arbitration.  The arbitrator must be someone who is
experienced in standards disputes involving recognized industrial engineering
practices and procedures.  The
arbitrator will have the right to visit the work place and perform his/her own
study using any recognized industrial engineering technique including the
stopwatch time study method or the same predetermined time system the Company
used to establish the standard.  (The
arbitrator will have full authority to determine which system he/she elects to
check the standard.)  The arbitrator’s
decision will be final and binding upon both the Company and the Local Union.


 


15

















 


Employee(s) whose positions are affected by the combination jobs are
eligible to exercise their bumping rights.


k)              Medical


An employee who has provided the Company with
proper medical documentation, and who in the opinion of the Company has become
unable to do his regular work, shall be given preference to do such work, as he
may be capable of performing.  The
employee shall select three jobs held by junior employees.  This clause shall not be used so that an
employee may upgrade himself, earnings wise.


 


A non-incentive employee will not be able to increase their base
rate.  Their previous quarterly average
will be compared to the previous quarterly average of any job classifications
they may bump.


 


Incentive employees shall use their previous quarters average and
compare to the previous quarters average of any job classification they may
bump.


 


Any employee bumping under the medical bumping language will be
required to qualify under the same qualification time as if from layoff.


 


Any employee bumped by a medical bump or bump created from a medical
bump will have the same requirements listed under the item (f) of this Article.
(See Bumping Chart)


 


An employee on leave can be bumped by a laid off employee with more
seniority regardless of whether or not the job has been filled by a
temporary.  If the job has been filled by
a temporary, the employee on the temporary assignment must return to the status
they had prior to the temporary position when the temporary status ends.  However, if the temporary is filled by an
employee on layoff, that employee will have bumping rights.


 


Employee bumped while on leave will be granted bumping rights when the
leave expires.


l)                 Efficiency
Disqualification – If a
qualified employee’s efficiency falls below 100% for incentive jobs and normal
production pace for non-incentive job for two (2) consecutive weeks, he/she
will be counseled to determine the problem. 
After four (4) consecutive weeks of less than 100% efficiency, the 100%
wage guarantee will be suspended and the employee will be paid the amount
earned.  After eight (8) consecutive weeks
of less than 100% efficiency for incentive jobs and normal production pace for
non-incentive jobs, the employee will be disqualified and removed to layoff
with bidding rights only.


m)           Any
probationary worker on a layoff extending longer than ninety (90) days shall be
terminated and shall be considered a new employee in any future employment by
the Company.


n)             When
a group of jobs includes both temporary and permanent jobs, the following shall
apply in the case of a bump:


1.               The
employee on the permanent job, if bumped, must accept recall to the temporary
job or lose all rights to the job.


2.               The
employee displaced from the temporary job will have bumping rights if he
acquired the job from layoff status; otherwise, he must return to his previous
job.


 


16

















 


3.               An
employee on a leave can be bumped by a laid off employee with more seniority
regardless of whether or not the job has been filled by a temporary.  An employee bumped while on leave will be
granted bumping rights when the leave expires.


4.               An
employee going into a department with their bumping rights can choose which job
they want to bump (temporary or the permanent).


o)             A
laid off employee who bumps or bids a temporary and is recalled to a permanent
job must accept the recall and go on the job or lose his right to the permanent
job.


p)             A
Bargaining Unit employee represented by U.A.W. Local 364 or Local 612 who is
laid off may make written application for work at other Conn-Selmer Elkhart
plants whose hourly employees are represented by the U.A.W.  This laid off employee shall be given
preference for employment and will be hired before other inexperienced
applicants are given employment.


 


The employee’s vacation benefits and pension
benefits will be determined in accordance with the employee’s original date of
hire.


 


If an employee is recalled to the plant from
which he was laid off, he may accept the recall and will lose all seniority at
the plant which hired him when laid off. 
If he chooses not to accept the recall, he may continue working at the
plant that most recently hired him but will lose all seniority at the plant
that recalled him.


 


Section 8, Increase of Work Force


Regular Job. When an increase in the working force
is to be effected, all employees will be called back to their regular job in
line with their seniority.


1.               The
job on which an employee is working when he acquires seniority.


2.               The
job to which an employee bids while on an original job, or


3.               An
employee working any job (not his original job) at the time of being laid off
or bumped retains recall to all previous jobs held.  At the time of recall, he loses recall only to all jobs held
after the point of recall.


4.               Upon
refusing recall to original job, a person may elect a new original job from
jobs previously held and in so doing, relinquishes rights to all other jobs.


5.               If
an employee acquires displacement rights either as a result of a bump or a
layoff and announces his intention to bump a job but is bumped before he
actually goes on the job, he shall have no claim to this job, with the
following exception: If he is asked to fill in on other work temporarily or is
asked to remain temporarily on the job from which he is being bumped and is
bumped during this period, he will have recall rights to the job he intended to
bump.  An employee who is bumped will
not acquire displacement rights until the person bumping him goes on the job.


 


Section 9, Displaced Employee


A seniority employee displaced
on a bid job by a returning Service Man (Article IX, Section 5) or by an
employee returning from a leave of absence may exercise his seniority for
bumping as provided in Article VIII, Section 7 (c).


 


17

















 


Section 10, Temporary Emergency/Layoff


In
the event of a temporary emergency or a breakdown of machinery or equipment,
employees directly affected may be laid off, irrespective of seniority, for the
duration of such emergency or breakdown. 
If the breakdown occurs in a group with a combination, the combination
employee would relinquish his machine regardless of seniority.  If there is no combination, then seniority
rules apply.  Any layoff beyond three
(3) working days will be subject to review between the Company and the
Bargaining Committee.


 


Section 11, Job Bidding


Newly
created jobs and all job vacancies in the Bargaining Unit may be filled for
five (5) working days without reference to seniority.  During this period, such jobs shall be posted for three (3)
working days.  It is the employee’s
obligation to investigate the details of the job during the posting
period.  It will be the employees right
to obtain from the Company any/all pertinent information regarding the posted
job.  When a posting is taken down, the
job belongs to the senior employee on the bid. 
The Company may reject a bid if the bidder is at the 3rd step
of discipline of the Attendance Policy.


a)              Open Bids:  The applicants are expected to
be able to do the job in an average manner and up to the Company standard with
training. The successful bidder will have up to fifteen (15) working days to
decide if the transfer will be permanent or if they choose to return to their
position prior to the bid.  In the event
an employee is so transferred and fails to fill the job at the end of specified
qualification period the employee will be placed on layoff with no bumping
rights. Once the bid has been awarded and/or employee is in the fifteen (15)
working days of being placed in the job the employee will be restricted from
being able to bid on other positions as follows:


 


Labor Grade 1 through 6 – twelve (12) months


Labor Grade 7 and above – twenty-four (24) months


 


This restriction period is in effect even if the employee should elect
to return to their previous position prior to the bid.  Successful bidders on non-incentive jobs
shall receive the applicable hourly rate of the job to which they bid in
accordance with the Wage Progression Schedule. 
Successful bidders on incentive jobs will receive the applicable
incentive base rate in accordance with the Wage Progression (UAW Local 612
Article XII, Section 2 and Article XIX). 
The Company shall have the right to temporarily transfer people (not to
exceed 30 days) into vacancies created by bidding for the duration of the trial
period without the posting procedure.


b)             Trainee Disqualification:  Any
employee who is disqualified from a job shall be entitled to only one (1) more
bid within a twelve (12) month period from the date of the original
disqualification.  If an employee bids
on a temporary job while on layoff or is assigned to an open job during this
twelve (12) month period after disqualification he/she will still be entitled
to one (1) bid.


c)        Any current employee, effective with the date of this contract, who is
given work in his classification which he had not done previously, will be paid
the applicable hourly rate or the incentive base rate for training for a
reasonable length of time.


 


18

















 


d)       Jobs which are posted for three (3) days and are not successfully filled
by bid may be filled by the Company from any source within forty-five (45)
calendar days from the time the posting comes down.  If not filled, it must then be reposted.


e)        Any bid may be canceled.  However,
if the bid is canceled during the posting period, any signers shall have
preference if the same job is again posted within forty-five (45) calendar days
from the date of the original posting.


f)          The Company will not be responsible for notifying laid off employees of
open jobs to be posted for bidding.  The
Company will contact the successful bidder by certified mail, which will be
sent to their address of record.


g)       An employee given two days notice of layoff may sign a bid without losing
recall to the job he is leaving (providing it is the employees’ regular job).


h)       No bid shall be valid for more than forty-five 45-calendar days.


i)           An employee cannot bid on a job while on a leave unless he can go on the
job within five (5) days.


j)           Should any change be made on a bid once it is posted, the bid will be
reposted or the original bid will remain posted for another three- (3) working
day period.


 


Section 12, Contested Jobs


Contested
jobs will not be posted until the Grievance Procedure has been completed.  The Company will have the right to use, fill
in, or transfer during such periods.


 


Section 13, Canceling Signature on Bids


An
employee going on a job through a bid thereby automatically cancels his
signature on any other bids as of the date he goes on the bid job.  If an employee has signed several bids on
the board, the employee gets their choice of which bid they want, provided that
they have not gone on any of the other bids.


 


Section 14, Temporary Assignments


a)              Employees may be assigned to any work,
assignment, job duty, position or work area within their job classification.


b)             Employees, by seniority and who are qualified
to perform the work, shall be temporarily assigned on a voluntary basis to work
other than in their own classification to fill vacancies (not to exceed 30
days) due to absences, vacations, production needs, leaves of short durations
and the training of replacements due to promotions or adjustments.  These employees shall retain their seniority
in, and be returned to their own job classifications when the necessity for
that temporary assignment has ceased to exist. 
If no volunteers, the least senior qualified employee in the
classification must accept the temporary assignment.  No one will be assigned to the job of any employee while he/she
is temporarily assigned unless mutually agreed upon between the department
supervisor and union steward or committee person.


 


The stewards of the departments affected will be notified prior to
temporary transfers or fill-ins.  This
includes transfers within the department. 
All transfers and fill-ins will be documented.  The Company will inform the steward of the reason for the
assignment and expected length of duration.


 


19

















 


c)              Fill-in – Employees who are out of work on their regular jobs may be filled in
on jobs that require no training and at their base.  If the fill in produces thirty-two (32) hours in two consecutive
weeks there will be a recall.


d)             Transfers – Employee may be transferred to jobs for production needs who are
qualified on the job.  After deducting
the absences of the employees for the week and then adding the hours of any
employees transferred in to the group during the week, there remains a number
of hours that would provide an employee with thirty-two (32) hours in two
consecutive weeks a recall will be made or the job will be posted in one (1)
working day.


e)              Only employees who are willing and qualified
on the job will be asked to train.  If
there are no volunteers available to train the least senior qualified employee
will be required to accept the assignment. 
The Company may hire a qualified retiree temporarily, for training
purposes only.  Training will be paid at
127-1⁄2 % of the employees base rate or 127-1⁄2% of the maximum base rate of the
job they are training on, whichever is higher. Non-incentive employees will be
paid a $.30/hour premium while training.


 


Section 15 – Temporary Jobs


When a temporary job vacancy occurs, due to the temporary absence of an
employee and that absences is expected to last for thirty (30) days or more,
the Company shall fill the vacancy by a temporary recall to those employees
with recall rights or by posting a temporary bid if there are no recalls
available.  Employees recalled or
bidding to a temporary position will return to the classification they were in
when the temporary no longer exists or if returning to layoff status will
receive bumping rights.  The temporary
will be for the length of the said leave of absence.


 


When
an employee returns from a medical leave and finds that they are unable to
resume working their job within three (3) calendar days and must go on medical
leave again, the employee working the job on a temporary basis will maintain
rights to that job for the same medical and will not back up if needed during
the three (3) day period.


 


The
Company will notify the Bargaining Committee in advance when an employee is
required to perform temporary experimental, developmental, or prototype work
that is not part of the employee’s job classification.


 


Section 16, Seniority Lists


The
Company shall compile, maintain, post prominently, and furnish the Steward and
Bargaining Committee members every 60 days an official seniority list of
employees arranged in order of seniority and showing their most recent hiring
date determined in accordance with the provisions of Section 5 of this Article.


 


20

















 


Article IX


LEAVE OF ABSENCE


 


Section 1, Leave Procedure


Upon
application, leaves of absence may be granted employees at the convenience and
discretion of the Company for limited periods not to exceed one year.  Any extension beyond one year will be by
agreement between the Company and Union. 
Employees elected or selected to perform Union duties or employees
elected to public office in the City of Elkhart, Elkhart County, in the State
of Indiana, or in the United States Legislature shall be granted leaves of
absence with accumulated seniority until such service shall end.


 


An
employee who is on a personal leave of absence for more than 5 consecutive
workdays shall pay $10.00 for family coverage, or $3.00 for single coverage for
each working day that exceeds 5 days.


 


Section 2, Medical


An
employee who may become temporarily physically unable to work shall be given a
leave of absence upon presentation of a doctor’s certificate confirming
inability to work.  Said certificate
shall be presented within two weeks from the first day of absence occasioned by
such illness.  A leave of absence for
illness shall be for a maximum of thirty days or the expected length of absence
as specified on the physician’s certificate. 
A doctor’s recommendation for a change of climate shall be recognized
one time only and shall be for a maximum of three months.


 


Section 3, Family and Medical Leave


Family and Medical Leave will
be taken as provided by the Act.  At no
time will the time taken on FMLA be counted as vacation time or as time needed
under existing provisions under our Sickness and Accident language.


 


Any violation either of the Federal
Family and Medical Leave Act or of any State Laws relating to Family and
Medical Leave shall be subject to the Grievance and Arbitration provisions of
this agreement in addition to any other remedies provided by the law.  The Federal Family and Medical Leave Act
will be administered on a calendar year, January to January.


 


Section 4, Leave of Absence Form


Every
leave of absence shall be made a matter of record.  The President of the Union and Financial Secretary shall be
notified in writing within three (3) days after the approval of a leave.


 


Section 5, Armed Services


An
employee who serves in the Armed Services or Government Service of the United
States under a Selective Service Act shall accumulate seniority as provided for
in that act.


 


21

















 


Section 6, Excused Time Off


An
employee may be granted up to five consecutive days off from work on an excused
basis without obtaining a leave of absence. 
However, the Company must be notified at least two (2) weeks in advance.  This privilege may be used only once during
each calendar year.  If a holiday falls
during the period in which the clause is used, the holiday will be paid.


 


Section 7, Jury Duty


In
the event an employee is called upon to serve on a jury, incentive employees
will be paid their straight time hourly average earnings for the previous
calendar quarter for all time lost less jury duty pay.  Non-incentive employees will be paid at
their applicable hourly rate less jury duty pay.


 


A
first shift employee, or second shift employee, for the shift on the day on
which the employee served on a jury.  A
third shift employee will be paid for the shift before or after the day on
which the employee served on the jury. 
The third shift employee will select the shift of absence.


 


In order to qualify for jury duty supplemental pay
an employee must present the Company with the Notice to Report within two (2)
working days following receipt of the notice. 
The Company under good faith will pay the employee prior to receiving
court reimbursement.  The employee will
be required to submit the court reimbursement to the Payroll department within
four (4) weeks of completion of serving on a jury.  If court reimbursement is not received within the specified time
frame, the Company will deduct the amount of pay received from the Company from
the next pay period(s) of the employee.


 


Section 8, Bereavement


In
the event of a death in an employee’s immediate family, time off up to three
(3) working days shall be granted. Pay for incentive employees will be the
employee’s straight time average hourly earnings for the previous quarter.  Non-incentive employees will be paid at
their applicable hourly rate.  Time off
with pay will be granted for deaths in the immediate family which occur during
holidays and the vacation periods.  For
purposes of bereavement pay, immediate family is defined as spouse, parent,
child, still-born child, brother, sister, parent of spouse, step-parent,
step-child, step-brother, step-sister, step-father-in-law, step-mother-in-law,
half sister, half brother, grandparent, or step-grandparent (maximum of four),
grandparent of spouse, grandchild, step-grandchild, brother-in-law,
sister-in-law, son-in-law, daughter-in-law. 
“In-laws” will still be considered “in-laws” if an employee’s spouse has
died but the employee has not remarried.


 


22

















 


Article X


VACATIONS AND
HOLIDAYS


 


Section 1, Vacation Schedule


All
employees who have been in the continuous employ of the Company for more than
one (1) year prior to June 1st shall be entitled to vacations with pay
according to the following schedule:


 




	
  1 year or more

  	
   

  	
  5 days

  	
   

  	
  3

  	
  %

  
	
  2 years or more

  	
   

  	
  7 days

  	
   

  	
  3-1/2

  	
  %

  
	
  3 years or more

  	
   

  	
  8 days

  	
   

  	
  4

  	
  %

  
	
  4 years or more

  	
   

  	
  9 days

  	
   

  	
  4-1/2

  	
  %

  
	
  5 years or more

  	
   

  	
  10 days

  	
   

  	
  5-1/4

  	
  %

  
	
  7 years or more

  	
   

  	
  10 days

  	
   

  	
  5-3/4

  	
  %

  
	
  10 years or more

  	
   

  	
  15 days

  	
   

  	
  7-1/2

  	
  %

  
	
  13 years or more

  	
   

  	
  15 days

  	
   

  	
  8

  	
  %

  
	
  15 years or more

  	
   

  	
  20 days

  	
   

  	
  9

  	
  %

  
	
  17 years or more

  	
   

  	
  20 days

  	
   

  	
  9-1/2

  	
  %

  
	
  21 years or more

  	
   

  	
  20 days

  	
   

  	
  10

  	
  %

  
	
  25 years or more

  	
   

  	
  25 days

  	
   

  	
  11

  	
  %

  






 


The percentages shall be
computed on the gross earnings of the employees between June 1st of the
previous year and May 31st of the current year.


 


Section 2, Termination of Employment


Employees
leaving the employ of the Company will have a non-forfeitable right to their
vacation pay earned up to date of termination.


 


Section 3, Vacation Scheduling


All
vacations may be taken during the vacation period beginning June 1 and ending
May 31, except that employees entitled to seven (7) to twenty-five (25) days
vacation may schedule the balance of their vacation during the same period
provided such vacation is scheduled 15 days in advance.  The Company realizes that not all vacations
can be scheduled 15 days in advance, thus, one day of vacation will be granted
to an employee when notifying his supervisor by 12:00 noon the day prior to the
scheduled vacation day.  No additional
vacation days other than the one-day of vacation, will be granted unless the
production schedule allows for the additional time off.  More than one employee in any one group may
be granted a vacation for the same time, provided that approval is consistent
with the efficient performance of the duties of that group.  The Company shall have the right to close the
factory for vacation, in which case all vacations shall be taken during that
period.  Seniority will govern all
vacation requests submitted prior to April 1st for the upcoming
vacation year.  After April 1, all
requests will be on a first request basis without regard to seniority.


 


23

















 


Section 4, Vacation Shutdown


All
employees must take vacations to which they are entitled except that those
employees entitled to fifteen (15) to twenty-five (25) days may limit their
vacation to 10 days if they choose with no change in their vacation pay.  The Company shall have the right to work an
employee during the vacation period in case of emergency or unusual conditions
with his consent.  Employees asked to
work during the plant shutdown for vacation shall have the opportunity to
schedule their vacation at another time.


 


Employees
who are on a medical leave of absence or a worker’s compensation leave of
absence when the plant shutdown begins will be allowed to schedule their
vacations that would have been taken at the plant shutdown time at another time
during the vacation year.  These
vacations must be scheduled in accordance with Article X, Section 3 of the
working agreement.


 


Week(s) of :


 




	
   

  	
   

  	
  2003

  	
   

  	
  2004

  	
   

  	
  2005

  	
   

  
	
  First Week

  	
   

  	
  6/29/03

  	
   

  	
  7/4/04

  	
   

  	
  7/3/05

  	
   

  
	
  Second Week

  	
   

  	
  7/6/03

  	
   

  	
  7/11/04

  	
   

  	
  7/10/05

  	
   

  






 


Section 5, Vacation Payments


Vacation
payments shall be made to employees during the week immediately preceding the
vacation period.


 


Employees
enlisting or being drafted for service in the armed forces shall receive the
earned portion of their vacation according to their seniority.  An employee who has returned from the
service in the armed forces with seniority accumulated under the provisions of
Article IX, Section 5, shall receive vacation in accordance with his seniority
with pay to be based upon forty hours at his applicable base rate (120% of his
applicable base rate for incentive employees) or upon the vacation percentage,
whichever is greater, less any amount previously paid for the same vacation
year.


 


Section 6, Laid Off Employees


All
employees who have been laid off prior to June 1st shall receive the earned
portion of their vacations.  Vacation
checks to laid-off employees shall be mailed during the first two weeks in
June.


 


24

















 


Section 7, Holiday Schedule and Eligibility


The
Company will pay all employees who meet the following eligibility rules for
eight hours not worked on:


 


Holiday Schedule


2003


 




	
  Good Friday

  	
   

  	
  4/18/03

  	
   

  
	
  Memorial Day

  	
   

  	
  5/26/03

  	
   

  
	
  Labor Day

  	
   

  	
  9/1/03

  	
   

  
	
  Thanksgiving Day

  	
   

  	
  11/27/03

  	
   

  
	
  Day after Thanksgiving

  	
   

  	
  11/28/03

  	
   

  
	
  Independence Day observed

  	
   

  	
  12/24/03

  	
   

  
	
  Holiday 1

  	
   

  	
  12/25/03

  	
   

  
	
  Holiday 2

  	
   

  	
  12/26/03

  	
   

  
	
  Holiday 3

  	
   

  	
  12/29/03

  	
   

  
	
  Holiday 4

  	
   

  	
  12/30/03

  	
   

  
	
  Holiday 5

  	
   

  	
  12/31/03

  	
   

  
	
  Holiday 6

  	
   

  	
  1/1/04

  	
   

  






 


2004


 




	
  Good Friday

  	
   

  	
  4/9/04

  	
   

  
	
  Memorial Day

  	
   

  	
  5/31/04

  	
   

  
	
  Labor Day

  	
   

  	
  9/6/04

  	
   

  
	
  Thanksgiving Day

  	
   

  	
  11/25/04

  	
   

  
	
  Day after Thanksgiving

  	
   

  	
  11/26/04

  	
   

  
	
  Independence Day observed

  	
   

  	
  12/23/04

  	
   

  
	
  Holiday 1

  	
   

  	
  12/24/04

  	
   

  
	
  Holiday 2

  	
   

  	
  12/27/04

  	
   

  
	
  Holiday 3

  	
   

  	
  12/28/04

  	
   

  
	
  Holiday 4

  	
   

  	
  12/29/04

  	
   

  
	
  Holiday 5

  	
   

  	
  12/30/04

  	
   

  
	
  Holiday 6

  	
   

  	
  12/31/04

  	
   

  






 


2005


 




	
  Good Friday

  	
   

  	
  3/25/05

  	
   

  
	
  Memorial Day

  	
   

  	
  5/30/05

  	
   

  
	
  Labor Day

  	
   

  	
  9/5/05

  	
   

  
	
  Thanksgiving Day

  	
   

  	
  11/24/05

  	
   

  
	
  Day after Thanksgiving

  	
   

  	
  11/25/05

  	
   

  
	
  Independence Day observed

  	
   

  	
  12/23/05

  	
   

  
	
  Holiday 1

  	
   

  	
  12/26/05

  	
   

  
	
  Holiday 2

  	
   

  	
  12/27/05

  	
   

  
	
  Holiday 3

  	
   

  	
  12/28/05

  	
   

  
	
  Holiday 4

  	
   

  	
  12/29/05

  	
   

  
	
  Holiday 5

  	
   

  	
  12/30/05

  	
   

  
	
  Holiday 6

  	
   

  	
  1/2/06

  	
   

  






 


25

















 


a)              Pay
for non-incentive employees will be at their applicable hourly base rate.  Holiday pay for incentive employees will be
at the employee’s previous quarter’s average. 
New Year’s Day shall be paid at the same rate as the preceding
Christmas.


b)             Employees
must have seniority as of the date of the holiday.  Temporary workers are not eligible.


c)              Employees must have worked on the last
regularly scheduled work day prior to and the next regularly scheduled work day
after such holiday, except when such holiday falls within the 5-day bumping
period of a laid off employee and he exercises bumping rights within this 5-day
period. (See Article 12, Section 2) If you are scheduled to work the day before
or the day after a holiday you will be guaranteed eight (8) hours of work.


d)             An
excused absence which the Personnel Department has confirmed in writing will be
considered as time worked for the purpose of meeting eligibility rule (c).


e)              An
absence because of illness which does not extend longer than one week before
and/or after a holiday shall be considered as time worked for the purpose of
meeting the eligibility rule (c) upon presentation of a doctor’s certificate
confirming inability to work.  Any
employee on a medical leave of absence or a military leave of absence shall
receive holiday pay for the first holiday which falls during the leave.  In cases where a series of holidays are
observed together, all holiday pay will be granted.


f)                When
one of the above holidays occurs during an employee’s vacation, the employee
shall be paid for such holiday in addition to his vacation pay.


g)             If
laid off 15 days prior to a holiday and employee has no job to bump, employee
will be paid for the holiday.  Employees
with a job to bump must exercise such bumping rights to be eligible for holiday
pay.


h)             An
incentive employee returning to work who has been on layoff longer than a year
shall be paid his previous quarter’s average or the plant’s last previous
quarter’s average in the last quarter the employee worked, whichever is
lower.  Basis of pay is calendar
quarter.


i)                 An
incentive employee on medical leave of absence of more than one (1) calendar
year validated by a medical doctor’s statement which prevents them from working
will be paid on the same calculation as (h) above.


j)                 During
any extended shutdowns, the Shipping Department at Plant Two may be scheduled to
work for some periods to provide service for our customers.  If the shutdown period would include a
holiday the employee may take the holiday at a later date not to exceed
six  (6) months from the date holiday.


 


26

















 


Article XI


HOURS AND OVERTIME


 


Section 1 – Work
Day/Work Week


Regular
Starting Times are defined as follows:


 


UAW
Local 612 – Main Street Facility - First Shift - 6:00 a.m.


UAW Local 612 – Plant 2 – First Shift – 6:00
a.m.

Split Shift – 8:00 a.m.


 


Senior
employees shall have preference of first, second, and third shifts.  No one may exercise shift selection more
often than once a year, which shall be on April 1 of each year, except for that
opportunity to exercise their shift preference by seniority, when an opening
occurs in their job classification. 
When an opening occurs in a job classification which is worked more than
one shift, that opening shall be offered first for purposes of shift selection
to those working in the classification. 
The remaining opening will be posted and awarded by the open shift.  Elimination of a shift will automatically
constitute a layoff for the employee(s) working on that shift.  When an employee wants to exercise a shift
selection, once a year he/she must put his request in writing at least five
working days in advance of the week of April 1.  Such shift change will begin at the regular starting time of the
first day of the first week following the five days of advance notice.


 


Split shift employees at Plant #2 will
begin their shifts at 8:00 a.m. and end their shift at 4:30 p.m.  If further exceptions are needed, the
Company will provide notice to the Union to secure their agreement regarding
the changes.  The number of split shift
employees needed at Plant #2 will be discussed with the Bargaining Committee.


 


The Company reserves the right
to schedule second and third shifts in accordance with our needs.  The Company will provide notice to the Union
to secure their agreement regarding the hours of these shifts.


 


It is understood by both
parties that overtime hours will be allocated fairly and equally amongst all
employees in the job classification scheduled to work the overtime.


 


Section 3 –
Overtime Pay


a)              The Company will pay one and one half (11⁄2)
times the regular hourly rate for all hours worked in excess of eight (8) hours
in a day and time and one-half for all hours worked on Saturday.


b)             The Company will pay two (2) times the
regular hourly rate for all hours worked on Sundays and holidays.  This payment is in addition to any holiday
pay for which the employee may have qualified.


c)              The Company will pay twice the regular hourly
rate to non-incentive employees and twice the average hourly earnings of the
incentive employees for all hours worked Sunday.


 


27

















 


d)             The Company will pay twice the regular hourly
rate to non-incentive employees and twice the average hour earnings of the
incentive employees for all hours worked on paid holidays.  This will be in addition to the regular
holiday pay.


e)              Premium time average earnings calculations
for incentive employees under this Section will include all incentive and
non-incentive earnings during the full shift calculation period.


f)                Any unqualified workers or workers in progression
will be excluded from scheduled overtime.


 


Section 4,
Assignment of Overtime


The
Company may work overtime in a group while employees are laid off from the
group.  Employees shall be recalled to
the group when, after deducting the hours of the group’s absences in the week
from the amount of the group’s weekly overtime and then adding the hours of any
employees transferred into the group during the week, there remains a number of
hours that would provide recalled employees with thirty-two (32) hours of work
for at least two (2) consecutive weeks.


 


If
additional employees are needed to work in the group, then employees with
recall rights to the jobs in the group shall have the next right to work
overtime in the group if they are not required to work overtime in their
regular group.  The most senior
employees shall be asked first.


 


Any
unqualified workers or workers in progression will be excluded from scheduled
overtime.  If the Company neglects to
offer the overtime work to those employees with recall that are present in the
plant when the offer is made, the Company will pay the employee who was not
offered the overtime for the overtime missed if another employee who had no
right to the overtime or another employee with less seniority with recall worked.


 


If
additional employees are needed to work overtime after offering overtime to the
employees aforementioned, then qualified employees on the overtime lists shall
be asked in accordance with their seniority, if they are not working on their
regular job at the time that the offered overtime occurs.


 


Employees
temporarily transferred from one job to another shall be paid, as provided for
in Articles XII, XIII and XXI.


 


Section 5, Breaks and Wash-up Periods


Two ten (10) minute breaks will
be provided each employee during the normal workday – one (1) during the first
portion of the shift and one (1) during the latter portion of the shift.


 


These breaks may
be scheduled by the Company as fixed, staggered, as needed, or subject to
relief, depending upon the requirements of the job involved.


 


The five (5) minutes of
wash-up time prior to the lunch period and the end of the shift set forth in
Plant Rules will be continued.


 


28

















 


No separate payment for breaks
and wash-up time will be made for incentive employees as such time has been
provided for by appropriate allowances in the incentive standards under Article
XIII.


 


Section 6, Overtime Notification


In an effort to better
communicate overtime, the Company will post overtime notices for daily overtime
within the department by 11:00 a.m. the prior day.  Overtime notice for Saturday will be posted
by 11:00 a.m. on Thursday.


 


It the Company neglects to
provide overtime notice and the employee missed an overtime opportunity because
of the lack of notice, the Company will pay for all overtime wages lost.  If an employee is absent when the overtime
notice is provided by supervision it shall be his/her obligation to call to
determine whether or not overtime is being offered.


 


Article XII


WAGES, JOB
CLASSIFICATIONS AND INCENTIVES


 


Section 1,  General



The wage structure for
both incentive and non-incentive job classifications are set forth in Article
XX.  The incentive plan is set forth
collectively in the Standard Hour Plan in Article XIII.


 


Section 2,  Wage
Progression Schedule 


All employees who are hired or who permanently through
a bid or who are recalled into a job classification (unless previously
qualified) shall start at 80% of the maximum base rate for the labor grade of that
job classification and progress from 80% to 100% of the maximum base rate in
accordance with the following progression schedule:


 




	
  Labor
  Grade

  	
   

  	
  Length of Wage Progression

  	
   

  
	
  1

  	
   

  	
  1 month

  	
   

  
	
  2

  	
   

  	
  2 months

  	
   

  
	
  3

  	
   

  	
  3 months

  	
   

  
	
  4

  	
   

  	
  4 months

  	
   

  
	
  5

  	
   

  	
  5 months

  	
   

  
	
  6

  	
   

  	
  6 months

  	
   

  
	
  7

  	
   

  	
  7 months

  	
   

  
	
  8

  	
   

  	
  8 months

  	
   

  
	
  9

  	
   

  	
  9 months

  	
   

  
	
  10

  	
   

  	
  10 months

  	
   

  
	
  11

  	
   

  	
  11 months

  	
   

  






 


The employee shall receive a wage increase on each monthly anniversary
of the date of hire or transfer into the job classification until the employee
reaches 100% of the maximum base rate.  (Any excused and/or time off the job approved
by the Company will not be counted towards the employees qualification
time.)  The monthly progression
increase shall be an amount equal to the difference between 80% of the maximum
base rate and 100% of the maximum base rate divided by the number of months in
the progression schedule.  (See Wage
Progression Schedule in Article XIX)


 


29

















 


When an employee permanently transfers by bidding or is recalled to a new job classification for which
he/she previously qualified, such employee will be paid at the maximum base
rate of the new job classification when the employee is moved to the new job
classification.


 


Incentive
employees shall remain at the progression base rates of their jobs until they
have equaled or exceeded 100% performance based on an average for a production
work week (five (5) consecutive days). 
An employee must have full access to incentive opportunity and be
allowed to perform the work in said job for a minimum of 50% of
the time during this period.


 


The employee once qualified
shall be paid what his/hers earnings would generate against the maximum
incentive base rate, retroactive to the first day of the qualifying
period.  However, if the employee is
deemed “qualified” and does not achieve 100% performance for any week during
the pre-determined training period, he/she shall be returned to the training
program for the remaining time.


 


Based on management’s assessment of an individual
employee’s qualifications at time of hire, transfer, or during the period of
the wage progression, an employee may be advanced through the progression at an
accelerated pace.


 


An employee working in an incentive job classification
will not be eligible for incentive pay until the employee is “qualified” and
reaches 100% of the maximum rate.


 


Section 3, Qualification Criteria


The Company agrees to establish
specific qualification criteria for each job classification within a reasonable
length of time for non-incentive jobs and during the conversion for incentive
jobs.  The Bargaining Committee will
review the qualifications criteria and help determine the fairness
thereof.  The Company also agrees to
develop a disqualification procedure for qualified operators who perform at an
unacceptable level and meet with the Bargaining Committee to discuss the
process.


 


Section 5, Report In Pay


When
an employee reports to work he will be guaranteed a total of four (4) hours of
work or four (4) hours of pay or a combination thereof.  Payment for time not worked in calculating
the four (4) hours guarantee will be at the employee’s applicable base rate.


 


Section 6,  Call In Pay


Employees
who receive emergency calls to return to work between the hours of 4:00 P.M.
and midnight shall receive time and one-half of their applicable base rate and
shall not receive less than two hours of pay. 
Employees who receive emergency calls between the hours of 12:00
midnight and 6:00 A.M. shall receive two times their applicable base rate for
all hours worked prior to 6:00 A.M. and shall not receive less than two hours
pay.  Incentive employees will receive
their actual incentive earnings in the calculations set forth in this Section
if higher than their incentive base rate. 
Any guarantee payment for time not worked will be at the incentive base
rate.


 


30

















 


Section 7, Shift Differential


All
employees working on the second and third shifts shall receive $.40 per hour in
addition to their regular pay.


 


Section 8, Union Overtime Computation


In the event a Steward,
Committeeman, Executive Board Member, or an officer of the Union is called away
from his job during the day because of Union duties, the time so taken shall,
for the purpose of computing overtime pay, be considered as time actually
worked.


 


Section 9, Pay For Annual Inventory


The taking of inventory will be
considered a regular work day. 
Employees will continue taking inventory until the inventory is
completed.  Employees taking inventory
will be paid the previous quarter’s plant average or $17.00 whichever is
higher.


 


Section10, Pay For Work Related Injury


For
any time lost from work due to work related injury or illness for which the
Company is required to pay, employees will be paid at their applicable base
rate.


 


Section 11, Lump Sum Payment


Payable
in separate checks to active, non-probationary employees on the first Friday in
December (minus legal deductions).


2003 -  $500


2004 -  $450


2005 -  $450


ELIGIBILITY:


a)              Employees who have been actively employed for
thirty (30) calendar days or more in the twelve (12) month period preceding
each December when the lump sum is paid and who are at work or are on layoff or
on leave.


b)             Employees who retired or the beneficiary of a
retiree who in the twelve (12) month period preceding the lump sum payment
shall also receive the payment if they have been actively employed for thirty
(30) calendar days or more in the twelve (12) month period preceding each
December the lump sum is paid.  If an
employee quits or is discharged before the lump sum payment is made, he will
not be eligible for the lump sum payment.


 


Section 12, New Hire


New
Hires will progress according to Working Agreement.  They will have to qualify and progress on the job they are hired
on the job they are hired in or in the same manner as an employee who gets a
job from a bid.


 


Section
13, Allocation of Work


The
Company shall allocate all work as equitably as practical among group of
employees capable of doing such work. 
Ability to do the job in an efficient manner, up to the Company standard
of quality, and the necessity of meeting production schedules, shall be the
only recognized factors in equitable allocation of work.


 


31

















 


Article XIII


Standard Hour Plan
(SHP)


 


The Company, on its part,
agrees to provide to the Union and its employees opportunities for continued
employment, good working conditions, and fair and equitable wages.  The Union agrees to accept reasonable measures
on the part of the Company (as negotiated through Collective Bargaining) to
improve its competitive position by improving productivity, reducing waste,
conserving material and supplies, and improving quality of workmanship.


 


The basic plan will be the
Standard Hour Plan (SHP) in which incentive standards will be expressed in
terms of standard hours for a specified quantity of quality production.  However, other suitable time standards may
be used by mutual agreement, in writing, between the Company and Bargaining Committee
in those situations where the SHP  is inappropriate.


 


Incentive standards under
this SHP will be established and paid on an individual basis.  Group standards will be utilized by mutual
agreement in special circumstances.


 


Section 1


It is the responsibility
of the Company to establish proper methods for all jobs in the workplace and to
establish incentive rates that:


(a)          Are
fair and equitable.


(b)         Are
based on the capacity of a normal worker (100% represents normal) working at a
safe, normal pace and under normal conditions and will allow workers who exceed
these standards to earn extra compensation.


(c)          All
standards will be established by the use of any accepted industrial engineering
method(s) such as time study (continuous stopwatch method), predetermined time
system, standard data developed from studies made in this workplace or a
combination of these.  Standards set
from standard data (as outlined above) must show the specifications for
methods, tooling, cycles, etc., in order to ensure that the proper time values
are being applied. A worker whose job is to be studied will be notified one
hour in advance of such study.  The
Company will also inform the Local Union of its intent to do such study one
hour in advance of the study.  It is
understood that the Company will not be required to make such one hour advance
notification during the period of conversion from the old incentive pay system
to the new SHP, but will be obligated from that point forward.


(d)         Rating
Factor (method to arrive at 100% performance if the stopwatch method is
utilized): Different workers possess varying degrees of skill and effort;
therefore, it may be necessary to rate (level/normalize) the worker to arrive
at a standard representing 100% performance, either plus or minus, to
compensate for work pace variances above or below 100%.  Such rating will be made at the time of the
study before leaving the observed job location.  The same rating procedure will be applicable to joint time
studies with the understanding that the observers will initial and exchange
their rating before leaving the observed location.


 


32

















 


	
   

  	
  Two Examples
  of Applied Rating Factor (Examples Only):

  
	
   

  	
  Observed
  Watch Time

  	
  =

  	
   

  	
  .90

  	
   Mins

  
	
   

  	
  Rating
  Factor

  	
  =

  	
   

  	
  110

  	
  %

  
	
   

  	
  Normal Time

  	
  =

  	
   

  	
  .99

  	
   Mins

  
	
   

  
	
   

  	
  Observed
  Watch Time

  	
  =

  	
   

  	
  1.10

  	
   Mins

  
	
   

  	
  Rating
  Factor

  	
  =

  	
   

  	
  90

  	
  %

  
	
   

  	
  Normal Time

  	
  =

  	
   

  	
  .99

  	
   Mins

  



 


(e)          All
standards will give due consideration to the quality of workmanship required.


 


(f)            All
standards will be established to yield a “1/1” ratio, i.e., the standard will
be such that for each one (1) percent increase in production in excess of the
established production standard, the worker will receive an equal percentage
increase in pay based upon the guaranteed base rate.  An employee cannot be paid less than the guaranteed base wage.


1.               The
earnings objectives of the incentive program will be twenty-five percent (25%)
earnings above the guaranteed base rate for a qualified worker working at an
incentive pace.  It is understood that
the twenty-five percent (25%) earnings objective is not a minimum guarantee and
it is further understood that there is no limit on earnings under this
incentive program.


2.               A
machine control allowance of twenty-five percent (25%) will be added to machine
cycle times.  The machine control
allowance means there is twenty-five percent (25%) increase on the machine
portion on the operation, which will be computed and stated separately as an
element and applied to the actual machine cycle time.  This allowance will be added even though there exist manual
elements, required by the established method, which are wholly internal to the
machine cycle time, it being understood that manual elements may be added to
more efficiently utilize such machine cycle time without affecting the
standard.


 


Examples (Examples
Only):


	
  (1)

  	
  Element
  Number

  	
   

  	
  Time (minutes)

  
	
   

  	
  1.

  	
  (Manual
  Internal)

  	
  .14

  	
   

  
	
   

  	
  2.

  	
  (Manual
  Internal)

  	
  .31

  	
   

  
	
   

  	
  3.

  	
  (Manual
  Internal)

  	
  .17

  	
   

  
	
   

  	
  4.

  	
  (Machine
  Time)

  	
  .82

  	
   

  
	
   

  	
  5.

  	
  (Machine
  Allowance) .82 x 25%       =

  	
  .21

  	
   

  
	
   

  	
  1.03 

  	
    Mins

  
	
   

  	
  Standard Time

  
	
   

  	
   

  
	
   

  	
  (Elements 1,
  2 and 3 are internal to the machine cycle time in the example above.)

  
						



 


33

















 


	
  (2)

  	
  Element Number

  	
   

  	
  Time (minutes)

  
	
   

  	
  1.

  	
  (Manual
  Internal)

  	
  .12

  	
   

  
	
   

  	
  2.

  	
  (Manual
  Internal)

  	
  .32

  	
   

  
	
   

  	
  3.

  	
  (Manual)

  	
  .09

  	
   

  
	
   

  	
  4.

  	
  (Machine
  Time)

  	
  .44

  	
   

  
	
   

  	
  5.

  	
  (Machine
  Allowance) .44 x 25%       =

  	
  .11

  	
   

  
	
   

  	
  6.

  	
  (Manual)

  	
  1.46

  	
   

  
	
   

  	
  2.10 

  	
    Mins

  
	
   

  	
  Std. Time

  
	
   

  	
   

  
	
   

  	
  (Elements 1
  and 2 are internal to the machine time in Example 2 above.)

  	
   

  
							



 


Appropriate
allowances under Section 4 (a) below will also be added to the manual elements
not internal to machine time.


 


4.               Allowances and their application


(a)          Every
employee will be entitled to and will receive allowances for Personal, Rest and
Delay time (P R & D), which will be a minimum of 15% (other allowances may be
added as necessary).


(b)         All
allowances will be applied to increase the normal time, which, when properly
applied, will yield an allowed time (Standard)


 


Example of allowance application (Example Only):


 


	
  1.00

  	
   

  	
  Minute
  Normal Time/Pc

  
	
  +.15

  	
   

  	
  Minutes
  Allowance Time

  
	
  1.15

  	
   

  	
  Minutes
  Allowed Time/Pc

  



 


Using the
allowed time above, pieces per hour would be calculated as follows:


 


60 (Mins.) ÷
1.15 (Mins. Allowed Time) = 52.2 pcs/Hr


 


Standard Hours
per 100 pieces would be calculated as follows:


 


	
  allowed time
  per piece x 100 pieces

  	
  =

  	
  115.0

  	
  =

  	
  1.92
  Standard Hrs/100 Pcs.

  
	
  60 minutes

  	
   

  	
  60

  	
   

  	
   

  



 


5.               If a
worker within an incentive job is required to work on a job that does not have
a permanent production standard established, he/she will be paid the applicable
hourly rate for all time worked on the job.


6.               Incentive
earnings will be calculated for each individual incentive employee for the
total hours worked on incentive during each shift (including incentive time
worked by the employee on any pre or post shift overtime during that workday).


 


34

















 


7.               Any production standard once established
will not be changed unless the Company makes a change in the material(s),
tool(s), machine(s), quality standard(s), method(s), design(s), layout(s),
speed(s), or feed(s).  Any production
standard, once established, will not be changed merely because of a change in
name(s), symbol(s), number(s), or color(s) etc. of the product(s), material(s),
tool(s), machine(s), or operation(s).


(a)          A
worker’s coordination or proficiency does not constitute a change in method(s).


(b)         A
standard will be changed if there is evidence of mathematical and/or clerical
error(s), misapplication of a predetermined time value and/or standard data developed
in the workplace.


(c)          The
Company may audit work and standards provided that only the element or  elements
of a standard which are affected by any of the above will be possibly changed;
all elements that were not affected by the above  will not be changed.  This limitation will not apply in the case
of a “revamped method,” i.e., a situation where either thirty percent (30%) of
the total elements or thirty-five percent (35%) of the total time are being
changed.


8.               Prior
to the installation of a standard or a revision where a change(s) is involved,
the Company will explain the details and the methods, times, etc.  will
be made available to the Local Union Representatives in writing.  The details will include all data and a
description of the various elements of the job(s).


9.               An
acceptable record of a correct, new, or revised standard will include a
detailing of each element and allowances, together with the time value of each
element and such description and explanation as will be necessary to relate the
time standard to the operation and job(s) as it is performed.  If a continuous stopwatch study is used to
establish a standard, all strikeouts must have a written explanation listed on
the time study sheet(s).


10.         Any
rework, which is the responsibility of the worker performing the rework, will
be performed on standard without any additional pay except that such worker
will not be paid less than the guaranteed base wage for all time spent on the
rework.


11.         Incentive
earnings will be computed and paid by multiplying the percent earned by the
appropriate guaranteed base wage.


 


Example (Example Only):


 


	
  Guaranteed
  Base Wage:

  	
   

  	
  $

  	
  15.00

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Percent
  earned:

  	
   

  	
   

  	
  130

  	
  %

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  $

  	
  19.50

  	
   

  	
   

  	
   

  
	
  6.5 Hrs. on
  Incentive:

  	
  6.5 x $19.50

  	
  =

  	
   

  	
   

  	
  $

  	
  126.75

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1.5 Hrs. at
  GBW:

  	
  1.5 x $15.00

  	
  =

  	
   

  	
   

  	
  $

  	
  22.50

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  $

  	
  149.25 

  	
    Total

  



 


The same result can be arrived
at by multiplying the hours on incentive by the percent earned and adding the
allowable downtime/non-incentive hours, then multiplying by the guaranteed base
wage.


 


35

















 


Example (Example Only):


 


	
  6.5 Hrs. on
  Incentive x 130% 

  	
  =

  	
  8.45 Earned
  Hrs.

  
	
   

  	
   

  	
   

  
	
   

  	
  +1.5
  Allowable downtime or non-incentive Hrs.

  
	
   

  	
   

  
	
   

  	
  9.95 Total
  Hours

  
	
   

  	
   

  
	
  9.95 Hrs. x
  $15.00

  	
  =

  	
  $149.25

  



 


12.                                 When
an employee working on a SHP standard encounters continuing off-standard
conditions of a temporary nature which are substantially affecting his/her
performance, e.g. hard stock, oversized stock, equipment malfunctions, etc., he/she
may request through his/her supervisor that Industrial Engineering establish a
supplemental standard or temporary allowance to compensate for the off-standard
condition for the duration of such condition. The Company will correct the
condition or establish a supplemental standard within 48 hours of the request
(such supplemental standard will be paid retroactive to the affected
employee[s] from the time the condition was reported).  If the Company fails to correct the
condition or establish the supplemental rate within the 48 hours period, the
employee will be paid 120% of their base wage for all time in excess of this 48
hours period while working against the off-standard condition.  Any supplemental standard under this Section
will be applicable only so long as the unusual condition(s) for which they were
established continue to exist.


13.         The
parties agree that it is in their best interest to have bargaining unit
employees trained in the time study process in order to resolve questions,
complaints, and possible grievance issues.


The Company
agrees to recognize Union Time Study Person (LUTSP) and one (1) Alternate Local
Union Time Study Person (ALUTSP) in the facility


14.         Standards Dispute(s)


Once the Company issues a new or revised standard, workers will be
expected to make a reasonable effort to earn incentive and will give the
standard a fair and reasonable trial period of thirty (30) days from the date
of issuance.  In the event the thirty
(30) day trial period is not practical, a set number of runs will be mutually
agreed upon by the Company and the Union to serve as a trial period.


 


After the
thirty (30) day trial period (or after the number of mutually agreed upon runs
as outlined above), the worker will have thirty (30) working days to file SIR.


a)              If
a SIR is not filed within the thirty- (30) working day period, the standard
will be considered established.


b)             Valid
standard disputes will reviewed by the Company’s Industrial Engineer and the
LUTSP, within 15 working days.  If
necessary a joint study, using the same method used to establish the standard
will be performed.  This time period may
be extended by mutual agreement between parties in writing.


c)              If
a standard dispute exists, the grievance will be implemented at the third step
of the grievance procedure and will be processed as any other grievance in
regard to time limits up to and including arbitration as outlined in the
grievance procedure.  It is understood
that the parties may place a standards grievance on hold by mutual agreement in
writing.


 


36

















 


(It is
understood that this period of time will be used to further investigate the
facts regarding the disputed standard and attempt to resolve the issue.)  Once the period of time the grievance was on
hold has expired, the grievance will continue on in the grievance procedure as
stated above, unless the hold is extended by mutual agreement in writing.


d)             Once
a standard has been disputed, the Company’s Industrial Engineer and the LUTSP
will, within 15 working days, perform a joint study, using the same method used
to establish the standard.  This time
period may be extended by mutual agreement between parties in writing.


e)              If
the dispute is not resolved, the Union may appeal the grievance to arbitration
as outlined in the grievance procedure with the understanding that the
arbitrator must be someone who is experienced in standards disputes involving
recognized industrial engineering practices and procedures.  The arbitrator will have the right to visit
the workplace and perform his or her own study using any recognized industrial
engineering technique including the stopwatch time study method or the same
predetermined time system the Company used to establish the standard.  (The arbitrator will have the full authority
to determine which system he/she will use if he/she elects to check the
standard.)  The arbitrator’s decision
will be final and binding upon both the Company and the Local Union.


f)                Back-pay,
if any, will be paid retroactive to the date the standard was issued by the Company.


g)             It
is understood that the International Representative may bring an International
Representative from the Time Study and Engineering Department into the
workplace at any point during the grievance process in an effort to resolve the
dispute.  The Company will provide a
copy of all relevant and necessary information requested by the International
Representative and will allow full access to the job site, which will include
the right to perform a stopwatch time study.


 


If requested
by the International Representative, the Company’s Industrial Engineer or Time
Study Representative will perform a joint time study using the stopwatch time
study method; the parties will then meet in an attempt to resolve the
grievance.


15.         General Provisions


(a)          The LUTSP will perform joint analysis and studies as mutually agreed upon
by the Company and the Union President as covered in Local UAW 612 Article
XIII, Section 13 and Section 14.


(b)         During joint time studies by the stopwatch
method the worker will follow the proper method as set by the Company.  It is further agreed that if a worker is
observed working below a pace of 100% during a stopwatch time study,
such study may be stopped and the time recorded will not be used to set or
check a standard.


(c)          Each employee will be
responsible for working to the quality standard established by the Company on
each job.  The Company and the Union
will work together and will establish a quality action/variation reporting
system to allow each incentive employee to monitor variations in material or
process affecting quality.  It is
understood that the quality action/variation reporting system will be
implemented prior to any conversion.  An
employee directed to run parts or raw material after reporting a quality
variation will not be penalized for poor quality work on such parts or
material.


 


37

















 


(d)         The
worker will be responsible for recording and reporting all downtime by use of
the touch screen or use of the off standard cards.  The supervisor will verify the downtime, before turning it in to
payroll (or other department).


(e)          The
Company will not change any information on any time report/incentive report or
downtime report until it has been discussed with the worker who reported it,
however, if  after the discussion, the report is changed and the parties
are in disagreement, the worker may file a grievance over the issue.


(f)            The
Company will give a full explanation of all methods necessary to perform the
job and will fully train each worker in the correct way to complete their work.


(g)         When jobs
in a job classification or department are placed on the new SHP, the new
standard(s) will apply and replace the former standard(s) on that specific
job.  The correctness of new SHP standards
should not be judged in any way by comparison to former incentive or other
standards or performance, but rather by the provisions of this SHP.


(h)         Temporary Standards:


The parties
recognize that once the SHP for each job has been established and implemented,
new or different equipment and/or process(es), etc. may be introduced into the
workplace.
A temporary or  permanent standard will be issued  for such

job(s) by the Company, within two (2) weeks of its introduction into the
workplace.  Until such time as a
temporary or permanent standard is issued, the employee will be paid at 120% of
his/her applicable base rate for all hours worked on the job.


(i)             Downtime/Delay(s):


On operations
which are properly performed under the incentive system, delay(s) beyond the
control of the employee are paid for at the guaranteed base wage.  These delays include waiting for material
and machine electrical or mechanical breakdown or power failure.


 


Since delays
are included in the allowance portion of the SHP for each job, the employee
will record the delay(s) start and end time(s) and one (1) tenth (6 minutes)
will be deducted from the downtime for each occurrence  (the intent of this
deduction is to  avoid paying “double” for the same delay/downtime).


 


Should the employee encounter
more than two (2) delays which equal or exceed six (6) minutes during the
course of a workday, the entire duration (including the first six (6) minutes)
of such subsequent delay (3rd, 4th, etc.) during such
workday will also be treated as downtime and paid at the applicable base rate.


 


Example (Example Only):


From 7:00 a.m. to
7:05 a.m. waiting on material – 5” downtime will be recorded; no separate
payment will be made.


 


From 8:00 a.m. to
8:10 a.m. waiting on material – 10” downtime will be recorded; 4” will be paid
at the applicable base rate.


 


38

















 


From 9:10 a.m. to
9:25 a.m. waiting on material – 15” downtime will be recorded: 9” will be paid
at the applicable base rate.


 


From 10:00 a.m. to
10:03 a.m. machine jammed – 3” downtime will be recorded; no separate payment
will be made.


 


From 1:17 p.m. to
1:19 p.m. power failure – 2” downtime recorded; no separate payment will be
made.


 


From 1:32 p.m. to
2:07 p.m. power failure – 35” downtime recorded; 35” will be paid at the
applicable incentive base rate.


 


Total downtime for
this day is 70 mins; 22 minutes carved out and covered by allowance structure;
48 minutes separately paid at applicable incentive base rate.


(j)             Requirements


Qualified employees working
against SHP standards will be expected to work at an incentive pace while
working on the new incentive standards.


16.       Payment for Non
Production Activities


The
SHP provides that work for certain activities and conditions will be paid at
the applicable base rate.  These
activities include all time assigned to unrated work within the incentive job
classification provided, however, that the following activities or assignments
for regular incentive employees will be compensated at the following special
rates:


(a)          Assignments to train – 127 1⁄2 of the
applicable incentive base rate.  Or
non-incentive worker will be paid $.30/hour premium while training.


(b)         Assignments to un-rated
experimental/prototype work – 125% of the applicable incentive base rate.


(c)          Participation in Company-called meetings,
required hearing test and approved United Way activities – 125% of the
applicable base rate.


 


39

















 


Article XIV


SUCCESSOR CLAUSE


 


In the event of any sale of all
or substantially all of the assets of the Company at the location or locations
covered by this agreement to a buyer who plans to operate an operation at that
location or locations with all of the employees as are covered by this
agreement, the buyer shall be bound to recognize the Union as the exclusive
bargaining representative of these employees before the sale.


 


Article XV


SEVERANCE


 


Section 1


If
economic or competitive conditions make it necessary to move part or all of a
plant to a new location or if there is a shutdown of a plant or product line,
the employees affected will have the following rights:


a)              Employees
whose jobs are affected due to job elimination shall be required to exercise
their option of bidding, bumping, accept layoff or severance pay as provided in
this agreement.


b)             All
employees actively on the payroll for the duration of this agreement or laid
off or on leave of absence are eligible for severance pay.


c)              Active
employees who are eligible for early retirement may elect their retirement and receive
severance in accordance with this agreement provided they qualify under the
provisions of Article XVIII, Section 2 of the Working Agreement between Local
612 and the Company.


d)             Severance
pay for affected employees shall be at the rate of one (1) week pay for each
full year of seniority at average earnings for the previous calendar year
(pro-rated monthly and paid at previous calendar year’s average or current
average earnings, whichever is higher). 
In addition, anyone with 10 or more year’s seniority will receive an
additional two weeks for every five years of seniority after 10 years.


e)              Employees
accepting severance pay shall forfeit all seniority rights at the time,
retaining only vested rights, if any, in the pension plan.


f)                All
insurance benefits will be provided and paid for by the Company for a period of
three (3) months.


 


Article XVI


TRANSFER OF
OPERATIONS


 


1.               If
the Company transfers any of its operations between Conn-Selmer (U.A.W. Local
612) and Vincent Bach (U.A.W. Local 364) employees will be entitled to the
following options:


a)              Transferring
with the job or operation to the plant or division to which the job is
transferred, or


b)             Remaining
under the jurisdiction of their respective locals, U.A.W., and exercising their
seniority rights to bump under the bumping procedure of this agreement.


2.               Employees
exercising their rights under (a) shall retain all seniority credits except for
the purpose of bidding or bumping.


 


40

















 


3.               If
the Company moves a job to another existing plant or to a new plant then later
moves back to the original plant, the rates must be intact from the original
plant subject to Section 7(a) of the Standard Hour Plan (Article XIII).


4.               The
Company recognizes that each of its Local Unions would prefer to retain their
own separate identity and, therefore, will not merge the two Locals during the
life of this contract.


 


Article XVII


TRANSFER BETWEEN LOCALS


 


Employees
affected by any transfer of operations between Conn-Selmer (U.A.W. Local 612)
and Vincent Bach (U.A.W. Local 364) will be entitled to the following rights:


1.               Employees
transferring will have a letter placed by their name, (S) for Conn-Selmer (V)
for Vincent Bach, and will be placed on the seniority list of the Local they
transfer to, with the date of transfer becoming their seniority date for
purposes of bidding or bumping within the Local to which they have
transferred.  The original hire date
with the Company will be used for vacation entitlement, pensions, and any other
negotiated benefits.


2.               Employees
transferring will not be allowed to exercise their bidding rights in the Local
they are transferred to for a period of one (1) year from the date of the
original transfer except in case of layoff.


3.               Employees
transferring will have the right to bid or bump back into their original Local
for a ten-year period that follows the date of transfer to the other
Local.  If an employee bids or accepts
recall to his original Local, he will forfeit all rights to the other Local
unless he was bidding or accepted recall while on layoff on the street.


4.               For
the purpose of bumping within groups of transferred employees, the seniority
date from their original Local will be used. 
An (S) can bump an (S) or a (V) can bump a (V) with less seniority.


5.               Should
a layoff occur on a transferred job, those employees without a letter will be
laid off first.


6.               An
employee who has recall rights to a job being transferred will retain those
recall rights even after the job is transferred.  An employee would lose recall rights to a transferred job if he
is recalled and refuses recall to the transferred job.


7.               Employees
transferred will accumulate seniority in their original Local for purposes of
bidding or bumping back to their original Local.


8.               An
employee displaced by an employee electing not to transfer with the operations
will have the option of bumping, taking layoff, or transferring with the
operations with the rights defined above.


9.               Employees
electing not to transfer with the transferred operations and/or employees
displaced as a result of the transfer will be able to use the extra time for
training that is provided when a job is eliminated.


10.         Existing
rates will be transferred with jobs subject to Section 7(a) of the Standard
Hour Plan (Article XII).  Un-rated jobs
will be rated in accordance with the agreement of the Local to which the jobs
are being transferred.


11.         As
Skilled Trades is not a regular production job, they will not be considered as
transferable for the purpose of this agreement.


 


41

















 


Article XVIII


BENEFITS


 


Section 1, Insurance


The health insurance
plans in effect as of May 1, 2003 will remain in effect for the duration of the
Working Agreement.  The following
increases for employee health insurance contributions will be added to employee
health insurance contributions that were in effect on May 1, 2003.


 


Indemnity PPO


2003 Rates*


 




	
  Core Plan – 80/20 Plan

  	
   

  	
   

  	
   

  
	
  Single

  	
   

  	
  $

  	
  21.00/week

  	
   

  
	
  Family

  	
   

  	
  $

  	
  36.00/week

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Option 1 – 90/10 Plan

  	
   

  	
   

  	
   

  
	
  Single

  	
   

  	
  $

  	
  37.00/week

  	
   

  
	
  Family

  	
   

  	
  $

  	
  67.00/week

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Option 2 – 70/30 Plan

  	
   

  	
   

  	
   

  
	
  Single

  	
   

  	
  $

  	
  16.00/week

  	
   

  
	
  Family

  	
   

  	
  $

  	
  24.00/week

  	
   

  






 












*A maximum cap of $8.00/week
for following contract year 2004 and 2005


 


At each annual enrollment date an employee
(“family unit” in the case of employees married to other Conn-Selmer employees)
may elect to opt out of the HSMD insurance and receive a $890 payment each
quarter (three (3) month period) [$445 for employees opting out from single
coverage] for which he/she has elected “no coverage”; to exercise this option,
the employee must present evidence of alternative coverage.  The employee (or “family unit”) may elect to
re-enter the contractual coverage at the next annual enrollment period
(normally effective the next 1/1) or upon a change in status as defined in
HIPPA; employee opting out may still elect Dental Plan


 


 


 




	
   

  	
   

  	
  Vision

  	
   

  
	
   

  	
   

  	
  2003

  	
   

  	
  2004

  	
   

  	
  2005

  	
   

  
	
  Single

  	
   

  	
  $

  	
  1.50/Week

  	
   

  	
  $

  	
  1.50/Week

  	
   

  	
  $

  	
  1.5/Week

  	
   

  
	
  Family

  	
   

  	
  $

  	
  4.25/Week

  	
   

  	
  $

  	
  4.25/Week

  	
   

  	
  $

  	
  4.25Week

  	
   

  






 


42

















 


 




	
   

  	
   

  	
  Dental  

  	
   

  
	
   

  	
   

  	
  2003

  	
   

  	
  2004

  	
   

  	
  2005

  	
   

  
	
  Single

  	
   

  	
  $

  	
  3.65/week

  	
   

  	
  $

  	
  3.65/week

  	
   

  	
  $

  	
  3.65/week

  	
   

  
	
  Family

  	
   

  	
  $

  	
  8.19/week

  	
   

  	
  $

  	
  8.19/week

  	
   

  	
  $

  	
  8.19/week

  	
   

  






 


Section 2, Pension Plan


Effective January 1, 2003, the
amount used to compute the benefits of the pension plan will be increased to
$26.50 per month.


 


Effective January 1, 2004, the
amount used to compute the benefits of the pension plan will be increased to
$27.50 per month.


 


Effective January 1, 2005, the
amount used to compute the benefits of the pension plan will be increased to
$28.50 per month.


 


Effective January 1, 2006, the
amount used to compute the benefits of the pension plan will be increased to
$29.50 per month.


 


Employees taking Early
Retirement on or after April 1, 2003 will be eligible for full pension
benefits, if such employee is age 62 or older and has 30 or more years of
Credited Service at the date of such Early Retirement.


 


Effective March 1, 1976, the
reduction factor for employees taking Early Retirement shall be 4/10 of 1% per
calendar month by which such employee is under 65 at the time his first early
retirement benefit payment is paid to him; provided, however, that if such
employee has completed thirty (30) or more years of Credited Service, this benefit
shall be reduced by 4/10 of 1% for each complete calendar month by which he is
under age 62 at the time his first early retirement benefit is paid to him.


 


43

















 


Article XIX


Wage Progression
Schedules


 


Wage Progression
Schedule - 1st Year


 


	
  Labor

  Grade

  	
   

  	
  Start

  Wage

  	
   

  	
  1

  Month

  	
   

  	
  2

  Months

  	
   

  	
  3

  Months

  	
   

  	
  4

  Months

  	
   

  	
  5

  Months

  	
   

  	
  6

  Months

  	
   

  	
  7

  Months

  	
   

  	
  8

  Months

  	
   

  	
  9

  Months

  	
   

  	
  10

  Months

  	
   

  	
  11

  Months

  	
   

  	
  12

  Months

  	
   

  	
  Maximum

  Wage Rate

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1

  	
   

  	
  $

  	
  10.01

  	
   

  	
  $

  	
  12.44

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  12.44

  	
   

  
	
  2

  	
   

  	
  $

  	
  10.80

  	
   

  	
  $

  	
  12.12

  	
   

  	
  $

  	
  13.43

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  13.43

  	
   

  
	
  3

  	
   

  	
  $

  	
  11.60

  	
   

  	
  $

  	
  12.54

  	
   

  	
  $

  	
  13.48

  	
   

  	
  $

  	
  14.42

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  14.42

  	
   

  
	
  4

  	
   

  	
  $

  	
  12.39

  	
   

  	
  $

  	
  13.15

  	
   

  	
  $

  	
  13.90

  	
   

  	
  $

  	
  14.66

  	
   

  	
  $

  	
  15.42

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  15.42

  	
   

  
	
  5

  	
   

  	
  $

  	
  13.19

  	
   

  	
  $

  	
  13.83

  	
   

  	
  $

  	
  14.48

  	
   

  	
  $

  	
  15.12

  	
   

  	
  $

  	
  15.76

  	
   

  	
  $

  	
  16.41

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  16.41

  	
   

  
	
  6

  	
   

  	
  $

  	
  13.98

  	
   

  	
  $

  	
  14.55

  	
   

  	
  $

  	
  15.12

  	
   

  	
  $

  	
  15.69

  	
   

  	
  $

  	
  16.26

  	
   

  	
  $

  	
  16.83

  	
   

  	
  $

  	
  17.40

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  17.40

  	
   

  
	
  7

  	
   

  	
  $

  	
  14.78

  	
   

  	
  $

  	
  15.29

  	
   

  	
  $

  	
  15.81

  	
   

  	
  $

  	
  16.33

  	
   

  	
  $

  	
  16.84

  	
   

  	
  $

  	
  17.36

  	
   

  	
  $

  	
  17.88

  	
   

  	
  $

  	
  18.39

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  18.39

  	
   

  
	
  8

  	
   

  	
  $

  	
  15.57

  	
   

  	
  $

  	
  16.05

  	
   

  	
  $

  	
  16.52

  	
   

  	
  $

  	
  17.00

  	
   

  	
  $

  	
  17.48

  	
   

  	
  $

  	
  17.96

  	
   

  	
  $

  	
  18.43

  	
   

  	
  $

  	
  18.91

  	
   

  	
  $

  	
  19.39

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  19.39

  	
   

  
	
  9

  	
   

  	
  $

  	
  16.36

  	
   

  	
  $

  	
  16.81

  	
   

  	
  $

  	
  17.26

  	
   

  	
  $

  	
  17.70

  	
   

  	
  $

  	
  18.15

  	
   

  	
  $

  	
  18.60

  	
   

  	
  $

  	
  19.04

  	
   

  	
  $

  	
  19.49

  	
   

  	
  $

  	
  19.93

  	
   

  	
  $

  	
  20.38

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  20.38

  	
   

  
	
  10

  	
   

  	
  $

  	
  17.16

  	
   

  	
  $

  	
  17.58

  	
   

  	
  $

  	
  18.00

  	
   

  	
  $

  	
  18.42

  	
   

  	
  $

  	
  18.84

  	
   

  	
  $

  	
  19.27

  	
   

  	
  $

  	
  19.69

  	
   

  	
  $

  	
  20.11

  	
   

  	
  $

  	
  20.53

  	
   

  	
  $

  	
  20.95

  	
   

  	
  $

  	
  21.37

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  21.37

  	
   

  
	
  11

  	
   

  	
  $

  	
  17.95

  	
   

  	
  $

  	
  18.35

  	
   

  	
  $

  	
  18.76

  	
   

  	
  $

  	
  19.16

  	
   

  	
  $

  	
  19.56

  	
   

  	
  $

  	
  19.96

  	
   

  	
  $

  	
  20.36

  	
   

  	
  $

  	
  20.76

  	
   

  	
  $

  	
  21.16

  	
   

  	
  $

  	
  21.56

  	
   

  	
  $

  	
  21.97

  	
   

  	
  $

  	
  22.37

  	
   

  	
   

  	
   

  	
  $

  	
  22.37

  	
   

  
																																											



 


44

















 


Wage Progression
Schedule - 2nd Year


 


	
  Labor

  Grade

  	
   

  	
  Start

  Wage

  	
   

  	
  1

  Month

  	
   

  	
  2

  Months

  	
   

  	
  3

  Months

  	
   

  	
  4

  Months

  	
   

  	
  5

  Months

  	
   

  	
  6

  Months

  	
   

  	
  7

  Months

  	
   

  	
  8

  Months

  	
   

  	
  9

  Months

  	
   

  	
  10

  Months

  	
   

  	
  11

  Months

  	
   

  	
  12

  Months

  	
   

  	
  Maximum

  Wage Rate

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1

  	
   

  	
  $

  	
  10.26

  	
   

  	
  $

  	
  12.69

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  12.69

  	
   

  
	
  2

  	
   

  	
  $

  	
  11.05

  	
   

  	
  $

  	
  12.37

  	
   

  	
  $

  	
  13.68

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  13.68

  	
   

  
	
  3

  	
   

  	
  $

  	
  11.85

  	
   

  	
  $

  	
  12.79

  	
   

  	
  $

  	
  13.73

  	
   

  	
  $

  	
  14.67

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  14.67

  	
   

  
	
  4

  	
   

  	
  $

  	
  12.64

  	
   

  	
  $

  	
  13.40

  	
   

  	
  $

  	
  14.15

  	
   

  	
  $

  	
  14.91

  	
   

  	
  $

  	
  15.67

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  15.67

  	
   

  
	
  5

  	
   

  	
  $

  	
  13.44

  	
   

  	
  $

  	
  14.08

  	
   

  	
  $

  	
  14.73

  	
   

  	
  $

  	
  15.37

  	
   

  	
  $

  	
  16.01

  	
   

  	
  $

  	
  16.66

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  16.66

  	
   

  
	
  6

  	
   

  	
  $

  	
  14.23

  	
   

  	
  $

  	
  14.80

  	
   

  	
  $

  	
  15.37

  	
   

  	
  $

  	
  15.94

  	
   

  	
  $

  	
  16.51

  	
   

  	
  $

  	
  17.08

  	
   

  	
  $

  	
  17.65

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  17.65

  	
   

  
	
  7

  	
   

  	
  $

  	
  15.03

  	
   

  	
  $

  	
  15.54

  	
   

  	
  $

  	
  16.06

  	
   

  	
  $

  	
  16.58

  	
   

  	
  $

  	
  17.09

  	
   

  	
  $

  	
  17.61

  	
   

  	
  $

  	
  18.13

  	
   

  	
  $

  	
  18.64

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  18.64

  	
   

  
	
  8

  	
   

  	
  $

  	
  15.82

  	
   

  	
  $

  	
  16.30

  	
   

  	
  $

  	
  16.77

  	
   

  	
  $

  	
  17.25

  	
   

  	
  $

  	
  17.73

  	
   

  	
  $

  	
  18.21

  	
   

  	
  $

  	
  18.68

  	
   

  	
  $

  	
  19.16

  	
   

  	
  $

  	
  19.64

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  19.64

  	
   

  
	
  9

  	
   

  	
  $

  	
  16.61

  	
   

  	
  $

  	
  17.06

  	
   

  	
  $

  	
  17.51

  	
   

  	
  $

  	
  17.95

  	
   

  	
  $

  	
  18.40

  	
   

  	
  $

  	
  18.85

  	
   

  	
  $

  	
  19.29

  	
   

  	
  $

  	
  19.74

  	
   

  	
  $

  	
  20.18

  	
   

  	
  $

  	
  20.63

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  20.63

  	
   

  
	
  10

  	
   

  	
  $

  	
  17.41

  	
   

  	
  $

  	
  17.83

  	
   

  	
  $

  	
  18.25

  	
   

  	
  $

  	
  18.67

  	
   

  	
  $

  	
  19.09

  	
   

  	
  $

  	
  19.52

  	
   

  	
  $

  	
  19.94

  	
   

  	
  $

  	
  20.36

  	
   

  	
  $

  	
  20.78

  	
   

  	
  $

  	
  21.20

  	
   

  	
  $

  	
  21.62

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  21.62

  	
   

  
	
  11

  	
   

  	
  $

  	
  18.20

  	
   

  	
  $

  	
  18.60

  	
   

  	
  $

  	
  19.01

  	
   

  	
  $

  	
  19.41

  	
   

  	
  $

  	
  19.81

  	
   

  	
  $

  	
  20.21

  	
   

  	
  $

  	
  20.61

  	
   

  	
  $

  	
  21.01

  	
   

  	
  $

  	
  21.41

  	
   

  	
  $

  	
  21.81

  	
   

  	
  $

  	
  22.22

  	
   

  	
  $

  	
  22.62

  	
   

  	
   

  	
   

  	
  $

  	
  22.62

  	
   

  
																																											



 


45

















 


Wage Progression
Schedule - 3rd Year


 


	
  Labor

  Grade

  	
   

  	
  Start

  Wage

  	
   

  	
  1

  Month

  	
   

  	
  2

  Months

  	
   

  	
  3

  Months

  	
   

  	
  4

  Months

  	
   

  	
  5

  Months

  	
   

  	
  6

  Months

  	
   

  	
  7

  Months

  	
   

  	
  8

  Months

  	
   

  	
  9

  Months

  	
   

  	
  10

  Months

  	
   

  	
  11

  Months

  	
   

  	
  12

  Months

  	
   

  	
  Maximum

  Wage Rate

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1

  	
   

  	
  $

  	
  10.51

  	
   

  	
  $

  	
  12.94

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  12.94

  	
   

  
	
  2

  	
   

  	
  $

  	
  11.30

  	
   

  	
  $

  	
  12.62

  	
   

  	
  $

  	
  13.93

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  13.93

  	
   

  
	
  3

  	
   

  	
  $

  	
  12.10

  	
   

  	
  $

  	
  13.04

  	
   

  	
  $

  	
  13.98

  	
   

  	
  $

  	
  14.92

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  14.92

  	
   

  
	
  4

  	
   

  	
  $

  	
  12.89

  	
   

  	
  $

  	
  13.65

  	
   

  	
  $

  	
  14.40

  	
   

  	
  $

  	
  15.16

  	
   

  	
  $

  	
  15.92

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  15.92

  	
   

  
	
  5

  	
   

  	
  $

  	
  13.69

  	
   

  	
  $

  	
  14.33

  	
   

  	
  $

  	
  14.98

  	
   

  	
  $

  	
  15.62

  	
   

  	
  $

  	
  16.26

  	
   

  	
  $

  	
  16.91

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  16.91

  	
   

  
	
  6

  	
   

  	
  $

  	
  14.48

  	
   

  	
  $

  	
  15.05

  	
   

  	
  $

  	
  15.62

  	
   

  	
  $

  	
  16.19

  	
   

  	
  $

  	
  16.76

  	
   

  	
  $

  	
  17.33

  	
   

  	
  $

  	
  17.90

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  17.90

  	
   

  
	
  7

  	
   

  	
  $

  	
  15.28

  	
   

  	
  $

  	
  15.79

  	
   

  	
  $

  	
  16.31

  	
   

  	
  $

  	
  16.83

  	
   

  	
  $

  	
  17.34

  	
   

  	
  $

  	
  17.86

  	
   

  	
  $

  	
  18.38

  	
   

  	
  $

  	
  18.89

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  18.89

  	
   

  
	
  8

  	
   

  	
  $

  	
  16.07

  	
   

  	
  $

  	
  16.55

  	
   

  	
  $

  	
  17.02

  	
   

  	
  $

  	
  17.50

  	
   

  	
  $

  	
  17.98

  	
   

  	
  $

  	
  18.46

  	
   

  	
  $

  	
  18.93

  	
   

  	
  $

  	
  19.41

  	
   

  	
  $

  	
  19.89

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  19.89

  	
   

  
	
  9

  	
   

  	
  $

  	
  16.86

  	
   

  	
  $

  	
  17.31

  	
   

  	
  $

  	
  17.76

  	
   

  	
  $

  	
  18.20

  	
   

  	
  $

  	
  18.65

  	
   

  	
  $

  	
  19.10

  	
   

  	
  $

  	
  19.54

  	
   

  	
  $

  	
  19.99

  	
   

  	
  $

  	
  20.43

  	
   

  	
  $

  	
  20.88

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  20.88

  	
   

  
	
  10

  	
   

  	
  $

  	
  17.66

  	
   

  	
  $

  	
  18.08

  	
   

  	
  $

  	
  18.50

  	
   

  	
  $

  	
  18.92

  	
   

  	
  $

  	
  19.34

  	
   

  	
  $

  	
  19.77

  	
   

  	
  $

  	
  20.19

  	
   

  	
  $

  	
  20.61

  	
   

  	
  $

  	
  21.03

  	
   

  	
  $

  	
  21.45

  	
   

  	
  $

  	
  21.87

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  21.87

  	
   

  
	
  11

  	
   

  	
  $

  	
  18.45

  	
   

  	
  $

  	
  18.85

  	
   

  	
  $

  	
  19.26

  	
   

  	
  $

  	
  19.66

  	
   

  	
  $

  	
  20.06

  	
   

  	
  $

  	
  20.46

  	
   

  	
  $

  	
  20.86

  	
   

  	
  $

  	
  21.26

  	
   

  	
  $

  	
  21.66

  	
   

  	
  $

  	
  22.06

  	
   

  	
  $

  	
  22.47

  	
   

  	
  $

  	
  22.87

  	
   

  	
   

  	
   

  	
  $

  	
  22.87

  	
   

  
																																											



 


46

















 


Article XX


Labor Grade Structure


 


	
  Labor

  Grade

  	
   

  	
   

  	
   

  	
  Job Title

  	
   

  
	
  1

  	
   

  	
  4108

  	
   

  	
  Janitor Split
  Shift  (8:00 – 4:30)

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  2

  	
   

  	
  4004

  	
   

  	
  Brush Bells & Oil Parts

  	
   

  
	
   

  	
   

  	
  4005

  	
   

  	
  Brush Finish/Seam Buff Mail Orders

  	
   

  
	
   

  	
   

  	
  4007

  	
   

  	
  Cork & Pad

  	
   

  
	
   

  	
   

  	
  4008

  	
   

  	
  Inspection

  	
   

  
	
   

  	
   

  	
  4009

  	
   

  	
  Instrument Cleaner Clarinet & Flute

  	
   

  
	
   

  	
   

  	
  4013

  	
   

  	
  Specialist Packer

  	
   

  
	
   

  	
   

  	
  4015

  	
   

  	
  Advertising
  Stockroom Utility / Packer / Receiver / Stock Clerk

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  3

  	
   

  	
  4017

  	
   

  	
  Woodfill

  	
   

  
	
   

  	
   

  	
  4020

  	
   

  	
  Body Drill Group B (resonite bodies)

  	
   

  
	
   

  	
   

  	
  4021

  	
   

  	
  Coining Operator

  	
   

  
	
   

  	
   

  	
  4022

  	
   

  	
  Key Trim & Cork Punch

  	
   

  
	
   

  	
   

  	
  4024

  	
   

  	
  Oboe Knobber

  	
   

  
	
   

  	
   

  	
  4025

  	
   

  	
  Specialist Order
  Processor

  	
   

  
	
   

  	
   

  	
  4027

  	
   

  	
  Tap & Set Clarinet Posts

  	
   

  
	
   

  	
   

  	
  4107

  	
   

  	
  Accessory Shipper

  	
   

  
	
   

  	
   

  	
  4115

  	
   

  	
  Body Drill A (wood)

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  4

  	
   

  	
  4028

  	
   

  	
  Parts Maker A2 & Deburring

  	
   

  
	
   

  	
   

  	
  4029

  	
   

  	
  Benchwork Harmony

  	
   

  
	
   

  	
   

  	
  4117

  	
   

  	
  Drill Tap C’bore etc. Bb Clarinet Body Posts

  	
   

  
	
   

  	
   

  	
  4110

  	
   

  	
  Jig Key Solder (springhook)

  	
   

  
	
   

  	
   

  	
  4040

  	
   

  	
  Parts Maker C (ream bench)

  	
   

  
	
   

  	
   

  	
  4042

  	
   

  	
  Receiving

  	
   

  
	
   

  	
   

  	
  4046

  	
   

  	
  Assembly
  Coordinator

  	
   

  
	
   

  	
   

  	
  4047

  	
   

  	
  Bassoon Driller / Knobber

  	
   

  
	
   

  	
   

  	
  4105

  	
   

  	
  Specialized Order
  Processor (Export) & UPS

  	
   

  
	
   

  	
   

  	
  4062

  	
   

  	
  Stockkeeper

  	
   

  
	
   

  	
   

  	
  4103

  	
   

  	
  Utility Worker
  split shift (8:00 – 4:30)

  	
   

  
	
   

  	
   

  	
  4104

  	
   

  	
  Utility Maintenance
  Worker

  	
   

  
	
   

  	
   

  	
  4106

  	
   

  	
  Foamer/Instrument
  Shipper (Domestic)

  	
   

  
	
   

  	
   

  	
  4114

  	
   

  	
  Clarinet Key Soldering

  	
   

  
	
   

  	
   

  	
  4121

  	
   

  	
  Body Prep for Assembly

  	
   

  
	
   

  	
   

  	
  4122

  	
   

  	
  Cleaning Operator

  	
   

  
	
   

  	
   

  	
  4123

  	
   

  	
  Downstairs
  Inspector

  	
   

  
	
   

  	
   

  	
  4125

  	
   

  	
  Flute Body/Key Finishing

  	
   

  
	
   

  	
   

  	
  4126

  	
   

  	
  Ring & Arm/Cup & Arm/Oboe Key Soldering

  	
   

  



 


47

















 


	
  Labor

  Grade

  	
   

  	
   

  	
   

  	
  Job Title

  	
   

  
	
  5

  	
   

  	
  4063

  	
   

  	
  CNC Operator

  	
   

  
	
   

  	
   

  	
  4064

  	
   

  	
  Clarinet Assembly C (Bb’s)

  	
   

  
	
   

  	
   

  	
  4068

  	
   

  	
  Millwright Helper

  	
   

  
	
   

  	
   

  	
  4071

  	
   

  	
  Jig Key Solder D (harmony)

  	
   

  
	
   

  	
   

  	
  4072

  	
   

  	
  Shipping / Receiving
  Clerk

  	
   

  
	
   

  	
   

  	
  4102

  	
   

  	
  Truck Driver/Dock
  Person/Receiver

  	
   

  
	
   

  	
   

  	
  4120

  	
   

  	
  Body Work

  	
   

  
	
   

  	
   

  	
  4124

  	
   

  	
  Flute Body Work

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  6

  	
   

  	
  4074

  	
   

  	
  Clarinet Assembly B (harmony)

  	
   

  
	
   

  	
   

  	
  4075

  	
   

  	
  Flute Assembly

  	
   

  
	
   

  	
   

  	
  4077

  	
   

  	
  Combination
  Lathe & Tap & Set Clarinet Posts

  	
   

  
	
   

  	
   

  	
  4078

  	
   

  	
  Departmental Utility Worker

  	
   

  
	
   

  	
   

  	
  4082

  	
   

  	
  Mounting Inspection
  / Customer Repair

  	
   

  
	
   

  	
   

  	
  4085

  	
   

  	
  Key Point & Polish

  	
   

  
	
   

  	
   

  	
  4113

  	
   

  	
  Parts Maker

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  7

  	
   

  	
  4086

  	
   

  	
  Buffer B

  	
   

  
	
   

  	
   

  	
  4087

  	
   

  	
  Finisher F&P (oboe finishing)

  	
   

  
	
   

  	
   

  	
  4088

  	
   

  	
  General Machine (Dept. 1)

  	
   

  
	
   

  	
   

  	
  4089

  	
   

  	
  General Machine
  (Dept. 25)

  	
   

  
	
   

  	
   

  	
  4085

  	
   

  	
  Parts Buffer C

  	
   

  
	
   

  	
   

  	
  4091

  	
   

  	
  Testers

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  8

  	
   

  	
  4092

  	
   

  	
  Mounter

  	
   

  
	
   

  	
   

  	
  4093

  	
   

  	
  Coin Die Setter

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  9

  	
   

  	
  4094

  	
   

  	
  Millwright

  	
   

  
	
   

  	
   

  	
  4119

  	
   

  	
  Selmer Paris
  Technician

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  10

  	
   

  	
  4094

  	
   

  	
  Electronic
  Technician

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  11

  	
   

  	
  4096

  	
   

  	
  Tool & Die
  Maker

  	
   

  



 












*   Bold - Non-Incentive


 


48

















 


Article XXI


Rates of Pay


For Incentive Employees


 


	
  Condition

  	
   

  	
  Rate

  	
   

  	
  Time (actual and earned

  hours) included in

  incentive calculation

  
	
  Holidays (Article X, Section 7[a], [h] and [i])

  	
   

  	
  Employee’s
  previous quarter’s average

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Vacations (Article X, Section 1)

  	
   

  	
  Rate
  in current calculation

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Vacations – Alternative calculation (Article X,
  Section 5)

  	
   

  	
  Higher
  of vacation % or 120% of applicable incentive base rate x 40 hours

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Jury Duty (Article IX, Section 7)

  	
   

  	
  Employee’s
  previous quarter’s average

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Bereavement (Article IX, Section 8)

  	
   

  	
  Employee’s
  previous quarter’s average

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Paid Union Time (Article III, Section 3)
  (Article XII, Section 8) and all other including Health and Safety
  representative and LUTSP

  	
   

  	
  125%
  of applicable maximum incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Assigned to train

  	
   

  	
  127
  1⁄2% of applicable incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Trainee (progression schedule)

  	
   

  	
  Non-incentive
  until qualified per wage progression

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Assigned to un-rated experimental/prototype

  	
   

  	
  125%
  of applicable incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Company-called meetings; hearing test; United
  Way

  	
   

  	
  125%
  of applicable incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Employee payment during Disciplinary meetings

  	
   

  	
  Applicable
  incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Employee assigned to administer First Aid

  	
   

  	
  125%
  of applicable base rate

  	
   

  	
  No

  



 


49

















 


	
  Report In Pay

  	
   

  	
  Applicable
  incentive base rate (guarantee pay for time not worked)

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Call In Pay

  	
   

  	
  Applicable
  incentive base rate (guarantee pay for time not worked)

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Inventory

  	
   

  	
  Higher
  of previous quarter’s plant average or $17.00/hour

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Pay for Work Related Injury

  	
   

  	
  Applicable
  incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Rework/repair/returned goods

  	
   

  	
  Reworked/repaired
  on standard

  	
   

  	
  Yes

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  •        Own fault (Article XIII Section 10) (SHP)

  	
   

  	
  • Incentive rate
  (special);

  	
   

  	
  Yes

  
	
  •        Not employee fault

  	
   

  	
  • 125% of employee's incentive
  base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  New machines, products not rated [Article XIII
  Section 15(h)] (SHP)

  	
   

  	
  120%
  of applicable incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Downtime [Article XIII Section 15 (i)] (SHP)

  	
   

  	
   

  	
   

  	
   

  
	
  •        First six (6) minutes of each occurrence  (Max 2 for occurrences that equal or
  exceed six (6) minutes and all occurrences less than six (6) minutes.)

  	
   

  	
  On
  standard

  	
   

  	
  Yes

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  •        Time in excess of first six (6) minutes (And
  all time for downtime occurrences exceeding six (6) minutes after first two
  occurrences)

  	
   

  	
  Applicable
  incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Off standard conditions substantially affecting
  performance (Article XIII Section 12) (SHP)

  	
   

  	
  • Supplemental
  standard

  or

  	
   

  	
  Yes

  
	
   

  	
   

  	
  • Applicable incentive base rate; 120% of
  applicable incentive base 

  	
   

  	
  No

  



 


50

















 


	
   

  	
   

  	
  rate
  if no supplemental standard within 48 hours

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Un-rated work within job classification
  (Article XIII Section 5) (SHP)

  	
   

  	
  Applicable
  incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Temporary assignments to another job
  classification (Article VIII, Section 14)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  •       Incentive to incentive

  	
   

  	
  Incentive
  earnings; higher of two (2) base rates for calculation; guarantee rate of
  120% of the employee’s incentive base rate

  	
   

  	
  Yes

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  •        Incentive to non-incentive**/

  	
   

  	
  Non-incentive;
  higher of two (2) base rates; 125% of the employee’s incentive base rate if
  employee is deprived of incentive earnings opportunity

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  •       Non-incentive to incentive

  	
   

  	
  Incentive
  earnings; higher of two (2) base rates for calculation and guarantee rate

  	
   

  	
  Yes

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  •       Non-incentive to non – Incentive

  	
   

  	
  Higher
  of two base rates

  	
   

  	
  No

  



 












**/                              The
125% rate would only be paid if the assignment was for the “Company’s
convenience” and the employee is deprived of incentive earnings opportunity in
his regular job classification.  For
example, assignment of an employee from his regular job classification to
another job classification during a downtime situation or “out of schedule” (no
scheduled production for that job) would not warrant the 125% payments.


 


51

















 


EQUAL EMPLOYMENT OPPORTUNITY


 


The
Company recognizes the need to create a favorable work environment in which all
employees, regardless of race, color, national origin, sex, age, physical
handicap, or religious affiliation, can enjoy equal opportunities in their
employment relationship with the Company. (Employees are defined as anyone who
is employed by the Company.)


 


It
is the Company’s policy to employ, retain, promote, and terminate all employees
and job applicants without regard to any individual’s sex, race, religion,
origin, age, physical handicap, or any other factor prohibited by law.


 


All
employees have the right to work in an environment free from all forms of
discrimination and conduct which can be considered harassing, coercive, or
disruptive, including sexual harassment. 
Sexual harassment does not refer to occasional compliments of a socially
acceptable nature.  It refers to
behavior that is not welcome, which is personally offensive, which reduces
morale, and which, therefore, interferes with work effectiveness.  No employee, either male or female, should
be subject to unsolicited and unwelcome sexual overtures or conduct, either
verbal or physical.  The Company
strictly prohibits sexual harassment of any kind.


 


It
is prohibited for any employee to refuse to hire, train, or promote any
employee or applicant, or to discipline or dismiss any employee on the basis of
race, national origin, age, sex, religious beliefs, physical handicap, or any
other basis prohibited by law.


 


It
is prohibited for any employee to make statements or jokes, or commit acts
regarding a particular race, ancestry, sex, or religion that are derogatory,
offensive, prejudicial, or harassing.


 


It
shall be the responsibility of all employees to abide by and carry out the
letter, spirit, and intent of the Company’s equal opportunity commitment.


 


Any
employee who feels that he or she has been subjected to discrimination or
harassment because of sex, race, religion, national origin, age, physical
handicap, or any other basis prohibited by law or by this policy, should report
the complaint to his or her supervisor, plant or general manager, or personnel
department who will investigate the complaint in a confidential manner.


 


An
employee found to be in violation of the Company’s policy may be subject to
disciplinary action, up to, and including, immediate discharge


 


52

















 


ABSENTEEISM/TARDINESS


 


1.               The intent of this program is to establish a
fair, consistent, and reasonable approach for absenteeism. The majority of our
employees are conscientious and follow good work habits. Unfortunately, there
are a few individuals who abuse the system, and for this reason we must have a
procedure to administer discipline on a fair basis.


2.               Excused
Absences – Absences for
the following reasons shall be considered excused absences:


A.           Vacation


B.             Jury Duty


C.             Death in immediate family


D.            Job Related Injury


E.              Approved Leave of Absence


F.              Proven Illness -  A proven illness must be supported by a
doctor’s (M.D., D.D.S or  D.O.) office
statement or a written excuse stating that the employee was seen by the doctor
and the dates the employee was unable to work.


G.             Union Activity


H.            Lack of Work


I.                 Physical examination for military duty


J.                Proven emergency, accident and immediate
family emergency


K.            Layoff


L.              Prior excused absence approved by human
resources


M.         Court appearance will be excused unless they are due to illegal activity
by the employee


 


NOTE: If an employee has made a commitment to work
overtime by either written or verbal communication with his supervisor and does
not work the overtime, the absence will be excused or unexcused in accordance
with the Attendance Policy.


 


3.               Reporting
of Absences


a)              If an employee is absent for any reason,
he/she must call the Human Resource no  later two(2) hours after the start of his/her shift or the absence will
be unexcused.


b)             An employee missing two (2) consecutive days
without calling in and not reporting to work on time the 3rd day
will be terminated.


4.               Tardiness/Leaving
Early


a)              Tardiness is the failure of an employee to
report to work on time at the beginning of his/her scheduled shift or after the
lunch period.


b)             Leaving early is leaving the building before
the beginning of the lunch period or before the end of the shift.


5.               Progressive
Disciplinary Procedure


Step 1:  Written Warning


Step 2:  Written Warning


Step 3:  Final Written Warning


Step 4:  Discharge


 


53

















 


6.               Unacceptable
Absenteeism/Tardy Levels


a)              Tardiness and leaving early will not be
excused except for those items listed in  paragraph #2, Excused Absences.


 


When an employee exceeds the levels of absenteeism and/or
tardiness/leaving early as listed below, they shall receive the disciplinary
steps listed below:


1)              Tardy and/or leave early – 10 times in the
attendance year – Written Step


2)              Tardy and/or leave early – 15 times in the
attendance year – Written Step


3)              Tardy and/or leave early – 20 times in the
attendance year – Final Written Warning


4)              Tardy and/or leave early – 25 times –
Discharge


b)             Absenteeism


1)              An employee who misses 16 unexcused hours in
the attendance year shall receive  a
written step.


2)              An employee who misses 32 unexcused hours in
the attendance year shall receive a written step.


3)              An employee who misses 48 unexcused hours in
the attendance year shall receive a final written warning.


4)              An employee who misses 16 unexcused hours
while on probation will be discharged.


7.               Anyone given a final written warning for
absenteeism will be placed on one year’s probation beginning with the first
working day following the final written warning.


8.               The attendance year is April 1st through
March 31st of each year.


 


Disciplinary
steps will be issued within ten (10) working days of the infraction.


 


Each step will become part of the employee’s
personnel record except that no step will remain in the employee’s personnel
record if an additional step has not been added within six (6) months – Item 7
being the only exception.


 


54

















 


ADMINISTRATIVE
RULES


 


These rules have been
incorporated to provide guidance in administering the Working Agreement.


 


MISCELLANEOUS


 


The Company agrees to replace
OSHA approved safety glasses if they are broken while the employee is working
on his job.


 


Skilled Trades


The Company agrees to replace
tools and gauges etc. for skilled trades, that are broken or worn from use on
the job, if in fact they bring them to management for review.  We also agree to tuition reimbursement for job
related training.  Must apply for and
receive prior approval.


 


Letter of
Understanding


 


Re:                             V- CAP


This letter describes our
understanding reached during the 2000 negotiations concerning deduction for
voluntary political contributions from employee paychecks.


 


The International Union will
furnish the Company, for each employee for whom a deduction is to be made, an
Authorization Card signed by the employee containing the following:


(a)  Name and Address


(b)  Plant


(c)  Department Number


(d)  Social Security Number


(e)  Local Union Number


(f)  Dollar/Cent amount to be
deducted each period. (minimum $1.00)


(g)  Clock Number


 


Cards that cannot be processed
will be returned to the International Union for correction.


 


Commencing January 1, 2001, the
Company will make authorized deductions from checks for the third pay period
ending in each month, and continuing for the term of the contract while the
authorization is in effect.


 


A deduction not made will not
be carried forward.


 


In the month following
each deduction, the Company will issue one or more checks (one for each Local
Union payable to U.A.W. V-CAP, in care of International Union, for deductions
made in the preceding month.


 


55

















 


A computer diskette listing
will also be forwarded which will indicate the name, address, payroll location
code, Local Union number, department number, full social security number, and
the amount deducted for employees whose deductions are included in the
check.  Year-to-date deduction totals
will be included in the report.


 


The Company will pay the actual
costs of additional setup and programming, of general administration, computer
and machine time, and of processing new authorization changes or cancellations.


 


Employees who wish to cancel
their authorizations for payroll deductions will sign a card supplied by the
Union for that purpose.  Refunds will be
the responsibility of the Union.


 


The International Union will
collect and forward as one transmittal all signed Authorization Cards and
Cancellation Cards for the initial processing and for each quarter to
Management.


 


An Authorization Card that is
not revoked by the employee shall continue in effect upon reinstatement to
active status in the same bargaining unit provided the employee’s record is
still being maintained by that payroll department.


 


The Union will indemnify and
hold harmless the Company from any and all liability or claims arising from
administrative error resulting from the deductions provided for in this
agreement.


 


Letter of Understanding for the term of this contract


In
regards to employees who are in the plant(s) under a training progression as
specified in  2000
Collective Bargaining Agreement and are laid off prior to completing their
training, will be granted the remaining training if they are recalled.  This only applies to employees in an active
training progression that have achieved a minimum of 50% efficiency in the
progression.


 


For
employees with less than 50% efficiency during the progression period and
employee’s on layoff with recall to a job they are not qualified on will be
extended recall rights to the last job they were qualified.


 


56

















 


JOINT BOARD OF ADMINISTRATION


For
Hourly Pension Plan


 


Joint Board of
Administration.  There shall be established a Joint Board of
Administration (“Joint Board”) consisting of four members (“Members”), two of
whom shall be appointed by the Company and two of whom shall be appointed by
the Union (one representing each Local Union). 
Each Member shall serve until he or she shall resign, become incapable
of acting, die, or be removed.


 


Removal of Members.  The Company
or Union, at any time, may remove a Company Member or Union Member,
respectively, and appoint a replacement to fill any vacancy on the Joint
Board.  The Company or Union shall
notify the other party in writing before the appointment of a replacement
Member shall be effective.


 


Quorum and Voting.  To constitute a quorum for the transaction
of business, the presence of two Members of the Joint Board shall be required,
at least one of whom shall be a Company Member and at least one of whom shall
be a Union Member.  At all meetings of
the Joint Board, the Union Members present shall have, in the aggregate, a
total of one vote to be cast on behalf of the Union, and the Company Members
present shall have, in the aggregate, a total of one vote to be cast on behalf
of the Company.


 


Duties and Functions.  The Joint Board shall have the following
duties and functions:


(a)          To
hold meetings at such times and places as the Members shall determine to be
necessary to perform the duties and functions of the Joint Board.


(b)         To
review, at the request of a Participant, the number of years of service, the
age, and the calculation of the amount of pension due to the applicant.


(c)          To
set up procedures for reviewing applications for pension submitted to the Joint
Board for review.


(d)         To
receive copies of the Annual Report (Form 5500) of the Plan for each year that
the Collective Bargaining Agreement is in effect and to review the contents of
the Annual Report.


(e)          To
consider such other matters relating to the Plan that may come before the Joint
Board.


 


Chairman and
Secretary.  The
Joint Board shall select one of its members who shall serve as Chairman and One
who shall serve as Secretary.  If the
Chairman is a Union Member,


 


57

















 


the Secretary shall be a
Company Member, and vice versa.  The
Chairman shall preside at meetings of the Joint Board.  The Secretary shall keep records and minutes
of all meetings and proceedings of the Joint Board.  The Secretary shall send copies of such minutes and records to
all of the Members of the Joint Board.


 


Adoption of Rules.  The Joint Board may adopt such rules as it
may deem necessary for the proper performance of its duties.


 


Personal Liability.  To the extent permitted by law, Members of
the Joint Board shall not incur any personal liability in connection with any
act done or omitted to be done by them in good faith.


 


58

















 


401-K Loans


 


•                  A
participant can have one loan


 


•                  The
participants can borrow up to 50% of their vested account balance, not to
exceed $50,000.


 


•                  The
minimum loan amount is $1,000.


 


•                  Interest
rate is based on 1% above prime rate and will remain in effect for the life of
the loan.


 


•                  Loan
repayments must be payroll deducted each payday and transmitted to Bank
facility along with the deferrals.


 


•                  The
interest is credited back to the participant’s account on a prorated basis to
their investment funds.


 


•                  A
participant can pay the loan off in whole at any time.


 


•                  No
partial prepayments are allowed.


 


•                  There
is a $125
origination fee, which is deducted for the loan check.


 


59

















 


To:  Bargaining Committees – Local 612


The Company agrees to provide
employees with a check for delayed S&A or worker’s compensation payments
upon request from the employee and/or Union. 
A delayed payment occurs when the employee has not received an S&A
or worker’s compensation check within 18 days of filing the appropriate
paperwork.


 


60

















 


Product Purchase


 


	
  Form# 100.8

  	
  Date Effective:  02/17/98

  	
  Revision Date:  04/01/03

  



 


Purpose:


 


To provide our employees with
an opportunity to purchase products manufactured or distributed by the Company
at a discounted price.


 


Eligibility:


 


Full-time employees or retirees
are eligible to buy “Conn-Selmer products” for their own personal use or for
these of their spouse, children and grandchildren.


 


General


 


1)              The
term “Conn-Selmer products” means any product manufactured or distributed by
the Company and appearing in a current catalog and retail price list.


 


2)              Instrument
purchases are limited to one per year. 
Exceptions can be approved by an office of the Company.


 


3)              The
employee purchase price will be:


 


a)              Maximum
allowable discount* on all new products.


 


b)             25%
discount* on wearables


 












*Discounts are from retail prices.


 


4)              Employee
sales, including the appropriate sales tax and any shipping and/or handling
charges will be for case, check or credit card at the time of delivery.


 


5)              All
sales are final except for warranty problems or wearable that are the wrong
size.


 


6)              See
APPENDIX A for procedure to sell to employees or retirees.


 


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Article XXII


DURATION


 


Section 1


Nothing
in this agreement shall permit the Union or any of its members to assume that
they have any authority to officiate in management or in a supervisory
capacity.  If management or the Union or
any of its members violate the terms of this agreement, it shall be considered
a gesture of bad faith and subject to immediate correction through the established
bargaining procedure.  The policy of manufacturing,
the methods and schedules of production, including means and processes of
manufacturing, are the prerogative of the Company.  It is agreed that the Company will not use this prerogative for
the purpose of discrimination against the Union.


 


The
Company will notify the Union sixty (60) days in advance in writing when it
becomes necessary to withdraw production operations or functions from a plant
under the Union’s jurisdiction.  The
Company will notify the Union ninety (90) days in advance in writing of closing
a plant under the Union’s jurisdiction.


 


Section 2


This
agreement shall remain in force through 12:00 a.m. (midnight) March 31, 2006
and shall automatically renew from year to year unless written notice of desire
to terminate or to modify any portion of the terms is given by either party to
the other at least sixty (60) days prior to the expiration of such annual
period.  Amendments may be made from
time to time by agreement.


 


In
witness whereof, the employer and the union have hereto caused these Articles
of Agreement to be executed this 1st day of April 2003.


 


	
  Conn-Selmer,
  Inc.

  	
   

  	
  Local 612

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Robert
  Britton

  	
   

  	
  /s/ Beverly
  Green

  	
   

  
	
  Robert
  Britton

  	
   

  	
  Beverly
  Green

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Edward
  H. Chesko

  	
   

  	
  /s/ Nancy
  Cook

  	
   

  
	
  Edward H.
  Chesko

  	
   

  	
  Nancy Cook

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Michelle
  Hammer

  	
   

  	
  /s/ Diane
  Babcock

  	
   

  
	
  Michelle
  Hammer

  	
   

  	
  Diane
  Babcock

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Dennis
  Hanson

  	
   

  	
  /s/ Joyce
  Miller

  	
   

  
	
  Dennis
  Hanson

  	
   

  	
  Joyce Miller

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Doug
  White

  	
   

  	
  /s/ Ray
  Sargent

  	
   

  
	
  Doug White

  	
   

  	
  Ray Sargent

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  /s/ Lori
  Randles

  	
   

  
	
   

  	
   

  	
  Lori Randles

  	
   

  



 


62

















 


	
  International
  Representatives:

  
	
   

  
	
  /s/ Terry
  Thurman

  	
   

  	
  /s/ Larry D.
  Banghart

  	
   

  
	
  Terry
  Thurman, Director of Region 3 UAW

  	
   

  	
  Larry D.
  Banghart, International Representative

  



 


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