Exhibit
10.2


 


WORKING
AGREEMENT


between


VINCENT
BACH


Division
of Conn-Selmer, Inc.


and


UNITED
AUTOMOBILE, AEROSPACE


AND
AGRICULTURAL IMPLEMENT


WORKERS
OF AMERICA


Local
No. 364


(U.A.W.)


 


PREAMBLE


 


This agreement entered into and concluded at Elkhart,
Indiana, this 1st day of April, 2003 by and between the Vincent Bach
Division of Conn-Selmer, Inc. located at 500 Industrial Parkway, Elkhart,
Indiana, 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. 364 (U.A.W.)
hereinafter known as the Union.


 


For purposes 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 the Vincent
Bach Division of Conn-Selmer, Inc. located at 500 Industrial Parkway, Elkhart,
Indiana, under the jurisdiction of Local No. 364 (U.A.W.), Elkhart, Indiana,
more than 60 days, except salesmen, clerical, engineering, chief inspector, and
supervisory employees.


 


Wherever reference is
made herein by words of masculine or feminine gender, such reference shall
include the opposite gender.


b)             supervisor:
Supervisor who is in charge of production or maintenance department, and who:


1.               Hires or discharges
employees, or


2.               Recommends the
hiring or discharging of employees, or


3.               Distributes work or


4.               Receives
instructions direct from the management for the operation of work in a
department.


c)              seniority:  An employee’s status in relation to other
employees based on length of service. 
See Article IX.


d)             steward:
A representative of employees, as provided for in Article V.


e)              bargaining
committee: The committee of
employees created in accordance with the provisions of Article V.


f)                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.


 


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g)             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.


h)             probationary
worker: A person who has been
employed less than sixty-one days.


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: Willful disobedience of order by management.


k)              to quit:
An employee shall have been deemed
to quit if he notifies his supervisor in writing in the presence of the
President and/or designee of his intent to terminate his employment with the
Company.  The employee will be
terminated if he is not on the job at the beginning of working hours the second
day after giving notice of the intention to terminate employment.


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


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


n)             disqualifications:  An employee to fall below an established
quality and/or quantity Company
standard.


 


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Article
I


RECOGNITION


 


Section 1


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


 


Section 2


“There will be no individual bargaining”


 


Section 3


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.  For
probationary employees, and for new hires, they shall become members of the Union
before being transferred to the active seniority list.


 


Section 4


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
364 (U.A.W.) not later than the  fourth
pay period.  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
II


PURPOSE AND INTENT


 


The purpose of this contract is to provide a working
agreement which will enable the Company, its employees, and the Union to
perform their daily routine 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.


 


Article
III


RESPONSIBILITIES OF THE PARTIES


 


Each of the parties hereto acknowledges the rights and
responsibilities of the other party and agrees to discharge its
responsibilities under this Agreement. 
In addition to the responsibilities that may be provided in this
Agreement, the following shall be observed:


1.               There shall be no
Union activity on Company time except as may be permissible under the grievance
procedure set out herein.


 


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2.               All grievances
shall be considered carefully and processed promptly in accordance with the
applicable procedures of this Agreement.


3.               There shall be no
discrimination, restraint, or coercion by the Union against any employee
because of membership or non-membership in the Union.


4.               There shall be no
discrimination against any person by the Company and the Union because of race,
creed, color, sex, age, handicap, or marital status.  However, any and all persons who are in any way affiliated with
any organization, at present or in the future, whose activities may be deemed
to be un-American by any authorized government agency with the power to make
such determination shall be denied employment with this Company.


5.               Upon mutual
agreement of the parties hereto, any employee who belongs to a religious
organization whose tenets forbid membership in a Labor Union may be relieved of
the necessity of active membership in the Union.


6.               All employees will be treated fair and
equitable by the Company and the Union.


 


Article
IV


MANAGEMENT


 


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, the right to designate
a specific number of employees on specific equipment, to study or introduce new
production methods or facilities, to establish process and product quality
standards, to discontinue present jobs; to maintain or establish new or
improved rules and regulations covering the operations of the plant, to hire,
promote, demote, assign and transfer employees; to layoff 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 qualification for employment.  All the above shall be true so long as it
does not conflict with other provisions herein.


 


Supervisors and other
salaried employees not under jurisdiction of the U.A.W. Local #364 shall 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.


3.               Instruction and
training of bargaining unit employees


4.               Diagnosis of equipment
for operational problems


 


Bargaining unit employees
will not assist supervisors in performing supervisory duties.


 


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Article
V


REPRESENTATION


 


Section 1 - Stewards


To assist employees in presenting grievances, the
Union shall elect a steward for areas and all shifts mutually agreed upon by
both parties.  The Union shall elect
three (3) committee people (one of which will serve as the chief steward) who
will assist and direct their stewards according to the grievance procedure


 


Section 2 - Bargaining Committee


Employees
shall be represented further by a Bargaining Committee of not more than five
(5) employees selected by the Union who shall confer and negotiate with the
Company.


 


Section 3 - Listing


The Union
shall maintain with the Personnel Department an up-to-date list of all its
officers including the Bargaining Committee, Executive Board and Stewards.


 


Article
VI


GRIEVANCE PROCEDURE


 


1.                  Representation


For the purposes of collective bargaining the employees
shall be represented by a Bargaining Committee of not to exceed five (5)
members, two (2) 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 or their alternates in their absence, as representatives of the
Union, as well as stewards and their alternates, for the following purposes:


 


a)              Handling
safety and health complaints and settling grievances with supervision or their
representatives in those portions of their areas where it is agreed they shall
act as stewards, and


b)             Settling
the grievances of employee(s) with management above the supervisor level.


 


The Company will recognize stewards selected as
representatives of the employees for the purpose of handling complaints and
settling grievances with supervisors or their representatives.


 


Union representatives will not be recognized beyond
the area designated or the extent of authority delegated to them except in emergencies
and then when properly authorized by the Union.


 


Members of the Bargaining Committee and stewards shall
represent the respective plant and areas within their jurisdiction and will be
permitted to leave their work during the working hours to perform the following
duties:


 


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1.               To
present complaints, safety and health problems or grievances as provided in the
Grievance Procedure.


2.               To
investigate in order to determine the facts with respect to a specific
complaint or grievance arising in the area for which they are recognized.


3.               To
meet with representatives of management for the purpose of adjusting
grievances.


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


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


 


No representative shall
leave his/her department without notifying their supervisor in person or by
voicemail.


 


2.                  Stewards


The Union shall 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.


 


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.


 


4.                  Compensation
of Union Representatives


In providing herein for the compensation of the
President of the Union, Vice President, designated bargaining committeepersons,
and stewards for time spent in Company negotiations, the investigation of
complaints or grievances, the intent is to compensate such representatives, (or
their alternates when the need arises) as employees for time necessarily lost
from work in handling grievances of employees of the Company as their
representatives.  Incentive union
representatives will be paid 125% of their applicable maximum incentive base
rate.  Non-incentive union
representatives will be paid their applicable hourly rate.  Night premium will be paid where applicable.


 


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If Bargaining Committee members are requested by
management to stay beyond their normal shift or come into the plant after
normal working hours, premium time will be paid for time spent in such
meetings.  When the Company agrees that
an employee may attend a grievance meeting, incentive employees will be paid
125% of their applicable incentive base rate and non-incentive employees will
be paid their applicable hourly rate.


 


As used in this agreement, the term “Grievance” shall
mean any misunderstanding, difference, or dispute between the Company and the
Union, or one or more of the employees represented by the Union arising out of
this agreement thereto, or concerning or relating to the interpretation and application
thereof and filed subsequent to the effective date of this agreement.


 


The Bargaining Committee may write and sign a
grievance in behalf of any employee or group of employees on a grievance form,
which shall be supplied by the Union. 
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.


 


5.                   Steps to
the Grievance Procedure


 


1st
Step


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 on forms provided by the Union and signed by the
employee or employees involved.  The
Supervisor will write an answer within five working (5) days, excluding
Saturdays, Sundays and holidays after receipt of the grievance.


 


2nd
Step


If the supervisor’s answer is unsatisfactory, the grievance
may be forwarded to the Bargaining Committeeperson of that area or the Chief
Steward.  He/she may then appeal the
grievance to the Zone Manager (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 Zone Manager (or alternate when the
need arises) will write an answer within five (5) working days,
excluding Saturdays, Sundays, and holidays, after the meeting.


 


3rd
Step


If the grievance remains unsettled, it may be
forwarded by a member of 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 Bargaining Committee.  The
Plant Manager (or alternate when the
need arises) and the Bargaining Committee 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) days,  excluding Saturdays, Sundays, and holidays from the final
meeting and the discussion of the matter.


 


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4th
Step


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 it’s 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.  This applies to all steps of the grievance
procedure.


 


5th
Step:   Arbitration


Any grievance which is not satisfactorily settled in
step four of the grievance procedure may be submitted to arbitration by the
International 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 International Union and the Company will agree
upon an arbitrator selected from a panel of seven arbitrators obtained from the
Federal Mediation and Conciliation Service, or by any other method mutually
agree to.  The cost of such panel will
be split between the parties.  Selection
shall 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 shall be
the arbitrator.  The right to strike the
first name on the panel shall be rotated between the Company and the Union.


 


The arbitrator’s power shall 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 shall have no power to,
or authority to, amend, alter, or modify this agreement in any respect. The
arbitrator’s fees for the hearing shall be paid by the losing party.  The Company and the Union each shall pay the
expenses of it’s own representatives and witnesses.  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 bare the total expense of the
stenographer.  If the arbitrator renders
a split decision, the arbitrator shall make as part of her decision a ruling as
to how the cost of her services and expenses shall be prorated.


 


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


 


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Lockout
and Strikes


The parties hereto agree
that at no time during the life of this agreement shall there be any strike,
sympathy 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.


 


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


 


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Article
VIII


HOURS OF WORK


 


Section 1 – Work Day/Work Week


For
the purpose of defining the weekly payroll period, an employee’s work week will
begin on Monday at the regular starting time of the shift to which the employee
is assigned, except for those employees whose regular work week begins on
calendar Sunday night, in which case their regular work week will begin at
their regular starting time on calendar Sunday night.


 


Section 2 - Hours of Work


Regular
Starting Times are defined as follows:


 




	
  UAW Local 364 – Bach Facility  -

  	
  First Shift  - 5:45 a.m.

  
	
   

  	
  Second Shift – 2:30 p.m.

  
	
   

  	
  Third Shift – 9:00 p.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.


 


Section 3


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.


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 may be excluded from scheduled overtime.


 


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Section 4


There shall be no
pyramiding of overtime or premium pay.


 


Section 5


The Company will notify
all employees before they leave the premises if they are not to report to work
the following day.  When an employee
reports to work at the regular starting time and regular work is not available,
he shall be transferred to work he is capable of doing, and be guaranteed a
total of four hours pay.  Incentive
employees will be paid as provided for in Articles XXX.  The rate of pay for an incentive employee
assigned to a non-incentive classification will be the higher of the two rates
(regular job classification or the temporary assignment).  Incentive employees temporarily assigned to
another incentive job classification will work at the higher of the two
incentive base rates with a guarantee of 120% of the employee’s incentive base
rate.


 


Section 6


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 at two times their applicable base rate.  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.


 


Section 7


An employee shall inform
the personnel department immediately of a change in address and also submit a
phone number where he may be reached or forfeit his right to claim call-in pay
upon failure to do so.  A copy of such
changes of address shall be given to the Financial Secretary of the Union.


 


Section 8


Two ten (10) minute
breaks will be provided to 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.  If the workday exceeds ten
hours, a ten-minute break will be provided at the end of the eighth hour of
work.


 


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.


 


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.


 


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Article
IX


SENIORITY


 


Section 1


Seniority shall be
observed and determined by the last hiring date of each full-time employee, except as provided in the Letter Agreement for Merger
of Bundy and Buescher Operation.  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


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


 


Any
probationary worker 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.


b)             There shall be no
seniority for probationary employees, and they may be terminated or transferred
at the discretion of the Company.


c)              New hires on jobs
Labor Grade 4 or higher cannot bid for one (1) year from the date of hire.  New hires in Labor Grade 3 or lower cannot
bid for six (6) months from date of hire.


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


 


Section 3 


Seniority may be lost for
the following reasons:


 


a)              Voluntary
quitting:  An employee shall have been
deemed to quit if he notifies his supervisor in writing in the presence of the President and/or designee of his intent to
terminate his employment with the Company. 
The employee will be terminated if he is not on the job at the
beginning of working hours the second day after giving notice of the intention
to terminate employment.


b)             Discharge for cause.


c)              For participating in
any strike, slowdown, or other work stoppage, which is not authorized under the
provisions of this agreement.


d)             A laid-off employee
who bids and is subsequently awarded a job who fails to qualify will be subject
to the disqualification procedure.  If
disqualified, the employee returns to layoff retaining his original layoff
date.  A laid-off employee shall retain
seniority and continue to accumulate it for a period of time equal to his
accumulated seniority as of the effective date of his layoff but not to exceed
three (3) years.


 


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e)              A laid off employee
who signs a bid before he loses his seniority in accordance with Article IX,
Section 3(d) will not lose his seniority if he is the successful bidder.


f)                A probationary
employee on layoff status shall have recall rights for sixty (60) days from
date of layoff.  Any probationary worker
on a layoff extending longer than sixty (60) days shall be terminated and shall
be considered a new employee in any future employment by the Company.


g)             Failure to report for
work at the regular starting time within five (5) working days of date of
notice to return to work.  (Any employee
who leaves his regular place of residence for an extended period of time should
notify the Personnel Office as to where he may be contacted.)


h)             For
being absent without leave for a period of more than two (2) days or being
absent for more than two (2) days without notifying the Company as to reasons
for such absence.  Any employee who is
absent because of illness must notify the Company as early as possible on the
morning of the first day of such absence. 
If an employee has been absent without leave for a period of more than
two (2) days or being absent for more than two (2) days without notifying the
Company for as to the reasons for such absence, a meeting will be held within
three (3) days following the employee’s return to work to review the facts
surrounding the absence without leave and/or the no report.  The Chief Steward and Departmental Steward
will be present.  A decision will be
made within 24 hours of the meeting regarding whether or not the employee shall
lose his seniority.  Any loss of
seniority of the employee shall be subject to the grievance procedure.


i)                 No employee shall
lose his or her seniority when failure to report under (g) or (h) is due to
proven illness or accident or other justifiable reasons.


j)                 Seniority will be
lost through promotion into management or out of Local 364 (U.A.W.)
jurisdiction.


 


Section 4- Union Officer Seniority


(a)          The President and Vice
President of the Union shall head the Seniority list while occupying such
offices, for the purpose of determining shift transfers and layoffs.


(b)         Committee people and/or
Departmental Stewards shall have the same rights in their respective
departments and/or areas for the purpose of determining layoffs only.  The sequence of seniority shall be in the
order listed above.  This section shall
hold true so long as there is work available which the Union personnel in
question are qualified to do.


 


Section 5


The Company shall keep a
correct seniority list, in keeping with Section 1 of this Article, posted in a
prominent place at all times and will furnish a new list each quarter of the
year either on diskette or in written form.


 


15

















 


Article X


LAYOFF AND BUMPING


 


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


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 2 through 3 will have three (3) weeks 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.  
Qualifications 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


 


16

















 


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:  One
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.


 


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


 


17

















 


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.


 


Article
XII


RECALL


 


Section 1 - Recalls


a)              Employees shall be
notified officially by certified mail (return receipt requested) from Personnel
Office, sent to the last home address shown on the employment department’s
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 364
(U.A.W.)) is recalled for work of a short duration, he may refuse recall and
maintain rights to his original job.


 


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


c)              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 two consecutive weeks.  If there are no employees with recall rights
to the group, then the Company may offer unlimited amounts of weekly overtime.


d)             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.


e)              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.


f)                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.


 


18

















 


Article XIII


JOB RIGHTS


 


Section 1 - Regular Job Rights


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.


 


Section 2 - Bidding


Newly
created jobs and all job vacancies in the Bargaining Unit may be filled for
five (5) work 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. 
In the event he/she decides to refuse the job, he/she will suffer no
penalty.  The Company may reject a bid if the bidder is at the 3rd step
of discipline in the Attendance Policy


 


a)              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) work 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) work 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 Schedule (see UAW Local 364 Article XIV,
Section 2 and Article XXVII).  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.


 


19

















 


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.


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 cancelled.  However, if the
bid is cancelled during the posting period, any signers shall have preference
if the same job is again posted within thirty 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 an employees’ regular job).


h)             No
bid shall be valid for more than 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 3 - Fill-In Work/Transfers


a.)               Employees may be assigned to any work,
assignment, job duty, position or work area within their job
classification.  Any current employee,
effective with the date of this contract, who is given work in their classification
which he had not done previously, will be paid the base rate for training for a
reasonable length of time.


b)             Employees, by
seniority and who are qualified to perform the work, may be temporarily
assigned on a voluntary basis to work other than in their own classification to
fill temporary vacancies (not to exceed 30 days) due to absences, vacations,
production needs, leaves of short duration 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 there are 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 and
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.


 


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


 


20

















 


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.


 


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 rate.  If
the fill in will produce thirty-two (32) hours in two consecutive weeks there
will be a recall.


c.)         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 workers will be
paid a $.30/hour premium while training.


 


Section 4 - 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 or the status they were on when the
temporary no longer exists.  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.


 


Article
XIV


WAGES, JOB CLASSIFICATIONS AND
INCENTIVES


 


Section 1.  General 


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


 


Section 2.  Wage Progression Schedule 


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


 


21

















 


	
  Labor Grade

  	
   

  	
  Length of
  Wage

  Progression

  	
   

  
	
  1

  	
   

  	
  1 month

  	
   

  
	
  2

  	
   

  	
  2 months

  	
   

  
	
  3

  	
   

  	
  3 months

  	
   

  
	
  4

  	
   

  	
  4 months

  	
   

  
	
  5

  	
   

  	
  5months

  	
   

  
	
  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 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 rate and 100% of the maximum rate divided
by the number of months in the progression schedule.


 


When an employee permanently transfers (by
bidding) to a new job classification for which he/she previously
qualified, such employee will be paid at the maximum 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 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.


 


22

















 


Section 3 – 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 4 – Inventory


Time
spent taking a plant wide and/or annual inventory will be paid based higher of
previous quarters plant AE or $17.00/hour. 
Time spent on vacation clean up will be paid at the top day rate of
Labor Grade 4.  The option to work
inventory will be based on seniority in each department.  The options of employees on temporary jobs will
be in their permanent departments.


 


Section 5 – Work Related Testing


For
any time lost from work while receiving treatment for or being examined by a
medical professional due to work related injury or illness for which the
Company is required to pay, non-incentive employees will receive their
applicable hourly rate and incentive employees will receive their applicable
incentive base rate.  Time for
Company-required tests for pulmonary function, blood lead and auditory will be
paid at 125% of the applicable incentive base rate.


 


Section 6 – Shift Differential


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


 


23

















 


Article
XV


VACATIONS AND HOLIDAYS


 


Section 1


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


Employees leaving the
employ of the Company will have a non-forfeitable right to their vacation pay
earned up to date of termination.  In
case of death, the earned portion of vacation pay will be paid to the employee’s
designated insurance beneficiary.  In
case of retirement, the earned portion of the vacation will be paid to the
retiree.


 


Section 3


a)              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 by seniority 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.  Should more than one employee in any one
group request a vacation for the same time, the employee with the greatest
seniority shall be given preference provided that such preference 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.


 


24

















 


b)             All
employees may take vacation to which they are entitled, except that those
employees entitled to seven (7) to twenty-five days may limit their vacation to
five (5) 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.


 


c)              If an employee is on
a medical leave, or placed on a medical leave during their scheduled vacation,
they may schedule the vacation time at a later date within the vacation period.


 


d)             Time taken in accordance with the Family Medical
Leave Act will not be counted as vacation time or as time needed under existing
provisions of the 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
FMLA will be administered on a calendar year, January to January.


 


Section 4- Vacation Pay for Worker’s Compensation
Payments


The
Union and the Company have agreed to include worker’s compensation payments in
the vacation pay calculation using the following method:


a)              Employees who received $350.00 or more in worker’s
compensation pay in any given year shall have their vacation entitlement
percentage multiplied by the entire amount of worker’s compensation payments
that were made to them during that time.


b)             The calculation shall be made within a reasonable
amount of time after the Company receives its statement of losses for the
policy year ending October 31.


c)              Subsequent vacation payments based upon worker’s
compensation payments received by employees shall be calculated in the manner
described above except the period for calculation shall be November 1st of
each year until October 31st of the following year.  Thus, the calculation period for payments
made at the end of any calendar year shall be based upon worker’s compensation
payments made to employees from November 1 through October 31 of the
following year.


d)             All workers’ compensation vacation checks will be
issued by the 2nd Friday of each December.


 


Section 5


Employees called to
Military Service shall receive the earned portion of the actual time spent in
the plant working for the year of their leaving and for year of their return.


 


Section 6


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.


 


25

















 


Section 7


 




	
   

  	
   

  	
  2003

  	
   

  	
  2004

  	
   

  	
  2005

  	
   

  
	
  Week(s)
  of:

  	
   

  	
  6/29/03

  	
   

  	
  7/4/04

  	
   

  	
  7/3/05

  	
   

  
	
   

  	
   

  	
  7/6/03

  	
   

  	
  7/11/04

  	
   

  	
  7/10/05

  	
   

  






 


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

  	
   

  






 


26

















 


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

  	
   

  






 


a)              Pay for incentive
employees will be at their straight time average hourly for the previous
calendar year.  Non-incentive employees
will be paid their applicable hour rate. 
New Years day shall be paid at the same rate as the proceeding
Christmas.


b)             Employees must have
seniority as of the date of the holiday. 
Probationary 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.  If you are scheduled to work the day before
or the day after a holiday you will be guaranteed eight (8) hours of pay.


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).  An absence because of illness or injury
shall 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
eligibility rule (c) upon presentation of a doctor’s certificate confirming
inability to work.


f)                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 (i.e., Christmas, etc.) a maximum of six (6) days holiday pay
will be granted.


g)             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.


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


i)                 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.


j)                 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 basis as provided for in (i) above.


 


27

















 


Article
XVI


LEAVES OF ABSENCE


 


Section 1


An employee who serves in
the Armed Forces shall be governed as to leave of absence and seniority rights
by the Universal and Military Training Act.


 


Section 2


Every leave of absence
shall be made a matter of record; and a copy of the regular leave of absence
form shall be provided to the employee who has been placed on leave and the
Union.


 


Section 3


Upon written application,
a leave of absence of more than ten (10) working days may be granted to
employees at the discretion of the Company. 
Such leaves are not to exceed ninety (90) calendar days unless renewed
or extended.  Failure to report back on
the job at the termination of an authorized leave shall be cause for automatic
separation from the payroll.  However,
no employee shall lose his seniority if the failure to report is due to his or
her own sickness or accident or other justifiable reasons.


 


Exceptions to the above
are the following.


a)              Employees selected
to perform full-time Union duties or elected to public office shall be granted
a leave of absence with seniority accumulative until the required service shall
end.


b)             Sick or injury leave
shall be granted on presentation of a physician’s certificate to the Personnel
Director.  The Company shall be
privileged to require such employee to take a physical examination by a Company
physician to determine his fitness to return to work.  Such examination shall not be for the purpose of discrimination
and the cost shall be borne by the Company.  In any event, the employee shall be responsible for a doctor’s
release before returning to work.


 


Section 4, 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, 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.  The Company
will also pay for time off up to three days for the death of any grandparent or
step-grandparent (maximum of four), grandparent of spouse, grandchild,
step-grandchild, brother-in-law, sister-in-law, son-in-law, and daughter-in-law.  (The Company agrees to pay employees
bereavement pay for “in-laws’’ if an employee’s spouse has died but the
employee has not remarried. Also, a stillborn child shall be considered as a
“child”.)


 


28

















 


Section 5, Jury Duty


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


 


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


 


Section 6


Taking employment
elsewhere during a leave of absence shall automatically cancel the leave and
terminate employment of the employee in this plant.  (Exceptions may be made under justifiable reasons.)


 


Section 7


An employee who is on a
personal leave of absence for more than five (5) consecutive work days shall
pay $10.00 for family health care coverage or $3.00 for single health care
coverage for each working day that exceeds five (5) working days.


 


Article
XVII


GENERAL


 


Section 1


The Company shall
allocate all work as equitably as practical among groups 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.


 


Section 2


All employees are
required to be familiar with and abide by the shop rules, which are a part of
this agreement.


 


Section 3


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
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.


 


29

















 


Section 4


Five bulletin boards
shall be used for the following purposes by the Union:


a)              Notices of meetings,
recreational, and social events


b)             Notices of elections
and results


The bulletin boards shall
not be used by the Union for any other purpose without the express permission
of the Personnel Director.  All notices
shall be signed by a Union Officer, a copy of which shall be submitted to the
Personnel Director prior to the posting. 
(“b” of this section is excluded.)


 


Section 5


Determination of standard
of quality is the sole responsibility of the Company.


 


Section 6


None of the provisions in
this contract shall take precedence over any Federal or State Statute.


 


Section 7


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.


 


Section 8


The Company shall provide
the Bargaining Committee a list of all the updated, or changed addresses and a
list of all new employees, including addresses and all other pertinent
information.


 


Section 9


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, 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


 


30

















 


Section 10 –
Skilled Trades


a)              Job Descriptions:  UAW approved job descriptions for the Tool
& Die maker classification  have
been adopted by the Company and Skilled Trades Department.


b)             Lines of Demarcation:  Skilled Trades will only be utilized in the
work areas as defined by their classification.


c)              Tool Replacement:  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 the tool is brought to management for review.


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


 


Article
XVIII


SEVERANCE


 


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 since February 28, 1973 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 XXII, Section 2 of the Working Agreement between Local
364 (U.A.W.) and the Company.


d)             Severance pay for
affected employees shall be at the rate of one (1) week’s 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 ten (10) or more
years’ seniority will receive an additional two weeks for every five (5) years
of seniority thereafter.


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


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


 


Article
XIX


TRANSFER BETWEEN LOCALS


 


Employees affected by any
transfer of operations between Main Street (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, (M) for Main Street, (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.


 


31

















 


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 (M) can
bump an (M) 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 the 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 (c) of the Standard Hour Plan.  Unrated jobs will be rated in accordance
with the agreement of the Local to which the jobs are being transferred.


 


Article
XX


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 with job elimination as provided 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.


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 (c) of the Standard Hour
Plan.


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.


 


32

















 


Article
XXI


OUTSOURCING/PREFERENTIAL
HIRING


 


Section 1


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 2


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.


 


Article
XXII


BENEFITS


 


Section 1


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.


 


33

















 




	
  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

  	
   

  	
  $

  	
  1.50/week

  	
   

  
	
  Family

  	
   

  	
  $

  	
  4.25/week

  	
   

  	
  $

  	
  4.25/week

  	
   

  	
  $

  	
  4.25/week

  	
   

  



 


	
   

  	
   

  	
  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


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.


 


34

















 


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.


 


Article
XXIII


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 discriminating 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 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.


 


35

















 


Article XXV


ABSENTEEISM AND TARDINESS


CORRECTIVE ACTION


PROGRAM


 


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
office statement  M.D., D.D.S or D.O.)
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, or illness in the immediate family


K.            Lay
off


L.              Prior excused absence


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 oral 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 than 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.


 


36

















 


5.              Progressive
Disciplinary Procedure


Step
1:    Written Warning


Step 2:    Written Warning


Step 3:    Final Written Warning


Step 4:    Discharge


6.              Unacceptable
Absenteeism/Tardy Levels


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


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


1.)           Tardy and/or leave
early 10 times - Written Step 1


2.)           Tardy and/or leave
early 15 times - Written Step 2


3.)           Tardy and/or leave
early 20 times - Final Written Warning


4.)           Tardy and/or leave
early 25 times - Discharge


7.              Absenteeism


A)          An
employee who misses 16 or more hours shall receive a written step.


B)            An
employee who misses 32 or more hours shall receive a written step.


C)            An
employee who misses 48 or more hours shall receive a final written warning.


D)           An employee who misses 16 unexcused hours while
on probation will be discharge


8.               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.


9.               The attendance year is April 1 through
March 31 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 7d being the
only exception.


 


37

















 


Article XXVII


Wage Progressions


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

  	
   

  	
  $

  	
  11.05

  	
   

  	
  $

  	
  12.12

  	
   

  	
  $

  	
  13.43

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  13.43

  	
   

  
	
  3

  	
   

  	
  $

  	
  11.85

  	
   

  	
  $

  	
  12.54

  	
   

  	
  $

  	
  13.48

  	
   

  	
  $

  	
  14.42

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  14.42

  	
   

  
	
  4

  	
   

  	
  $

  	
  12.39

  	
   

  	
  $

  	
  13.15

  	
   

  	
  $

  	
  13.90

  	
   

  	
  $

  	
  14.66

  	
   

  	
  $

  	
  15.42

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  15.42

  	
   

  
	
  5

  	
   

  	
  $

  	
  13.44

  	
   

  	
  $

  	
  13.83

  	
   

  	
  $

  	
  14.48

  	
   

  	
  $

  	
  15.12

  	
   

  	
  $

  	
  15.76

  	
   

  	
  $

  	
  16.41

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  16.41

  	
   

  
	
  6

  	
   

  	
  $

  	
  14.23

  	
   

  	
  $

  	
  14.55

  	
   

  	
  $

  	
  15.12

  	
   

  	
  $

  	
  15.69

  	
   

  	
  $

  	
  16.26

  	
   

  	
  $

  	
  16.83

  	
   

  	
  $

  	
  17.40

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  17.40

  	
   

  
	
  7

  	
   

  	
  $

  	
  15.03

  	
   

  	
  $

  	
  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

  	
   

  
																																											



 


38

















 


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

  	
   

  
																																											



 


39

















 


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

  	
   

  
																																											



 


40

















 


Article XXVIII


Schedule of Job Classifications and
Rates


 


	
  Labor

  Grade

  	
   

  	
  Job

  Number

  	
   

  	
  Job Title

  	
   

  
	
  2

  	
   

  	
  171

  	
   

  	
  Combination Box, Bag & Inspect

  
	
   

  	
   

  	
  120

  	
   

  	
  Inspection – Primary – Dept. 87

  
	
   

  	
   

  	
  33

  	
   

  	
  Inspection of Incoming Instruments
  & Utility where needed

  
	
   

  	
   

  	
  127

  	
   

  	
  Stock
  Clerk

  
	
   

  	
   

  	
  44

  	
   

  	
  Tie
  Down & Wedge Saxophone

  
	
   

  	
   

  	
  114

  	
   

  	
  Utility - Emery Slides

  
	
   

  	
   

  	
  157

  	
   

  	
  Utility Operator – Dept 87

  
	
   

  	
   

  	
  103

  	
   

  	
  Water Test Slides & Repair

  
	
   

  	
   

  	
  3

  	
   

  	
  A2
  Specialized Spraying & Repair

  
	
   

  	
   

  	
  150

  	
   

  	
  Cork
  & Pad

  
	
   

  	
   

  	
  155

  	
   

  	
  Guard
  Thumbrest & Tape

  
	
   

  	
   

  	
  181

  	
   

  	
  Inspect Mounted Sub Assemblies

  
	
   

  	
   

  	
  119

  	
   

  	
  Inspection-Major Parts

  
	
   

  	
   

  	
  35

  	
   

  	
  Maintenance Helper

  
	
   

  	
   

  	
  22

  	
   

  	
  Oven Attend & Lacquer Inspection

  
	
   

  	
   

  	
  47

  	
   

  	
  Sort / Inspect / Utility Operator

  
	
   

  	
   

  	
  190

  	
   

  	
  Utility Dept 75

  
	
   

  	
   

  	
  158

  	
   

  	
  Utility
  Tanks – Dept 87

  
	
   

  	
   

  	
  42

  	
   

  	
  Utility -  Dept. 77

  
	
   

  	
   

  	
  1206

  	
   

  	
  Utility Worker

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  3

  	
   

  	
  17

  	
   

  	
  Automatic
  Buffing Machine (Mush Buff-Dept 73, 84)

  
	
   

  	
   

  	
  151

  	
   

  	
  Clean
  Instruments - Brass

  
	
   

  	
   

  	
  34

  	
   

  	
  Combination
  – Cleaner/Packer

  
	
   

  	
   

  	
  79

  	
   

  	
  Honing
  - Student Line

  
	
   

  	
   

  	
  137

  	
   

  	
  Light
  Mill & Drill

  
	
   

  	
   

  	
  24

  	
   

  	
  Load
  & Unload Automatic Degreaser

  
	
   

  	
   

  	
  128

  	
   

  	
  Punch
  Press

  
	
   

  	
   

  	
  140

  	
   

  	
  Reamer
  - Sax Bodies & Keys

  
	
   

  	
   

  	
  38

  	
   

  	
  Specialist
  Packer (B)

  
	
   

  	
   

  	
  197

  	
   

  	
  Spring,
  Cork, Pad & Utility

  
	
   

  	
   

  	
  41

  	
   

  	
  Utility Maintenance Helper

  
	
   

  	
   

  	
  162

  	
   

  	
  Utility – Professional Saxophone

  
	
   

  	
   

  	
  46

  	
   

  	
  Utility, Shipping & Stock Clerk

  
	
   

  	
   

  	
  1207

  	
   

  	
  Oven Attendant/Part Cleaner

  
	
   

  	
   

  	
  152

  	
   

  	
  Clean
  Instruments - Saxophone

  



 


41

















 


	
  Labor

  Grade

  	
   

  	
  Job

  Number

  	
   

  	
  Job Title

  	
   

  
	
  4

  	
   

  	
  110

  	
   

  	
  Combination
  – Mount Subassemblies & Mount Knobs on Saxophones

  
	
   

  	
   

  	
  194

  	
   

  	
  Combination
  Hone & Final Assembly

  
	
   

  	
   

  	
  180

  	
   

  	
  Combination,
  Mount Knobs on Saxophone, Mount Body, Bow, Bell

  
	
   

  	
   

  	
  192

  	
   

  	
  Combination,
  Pad Solder & Key Solder

  
	
   

  	
   

  	
  195

  	
   

  	
  Drill,
  Tap & Mill Sax

  
	
   

  	
   

  	
  66

  	
   

  	
  Final
  Assembly Student

  
	
   

  	
   

  	
  78

  	
   

  	
  Honing,Professional

  
	
   

  	
   

  	
  S4

  	
   

  	
  Millwright Helper

  
	
   

  	
   

  	
  138

  	
   

  	
  Mount
  Body, Bow, Bell – Saxophone

  
	
   

  	
   

  	
  139

  	
   

  	
  Mount
  Sub Assembly

  
	
   

  	
   

  	
  85

  	
   

  	
  Mounting
  – Saxophone Knobs

  
	
   

  	
   

  	
  84

  	
   

  	
  Mounting
  Brass Instrument – Student

  
	
   

  	
   

  	
  87

  	
   

  	
  Mounting
  Trombone Slides & Sub Assemblies

  
	
   

  	
   

  	
  94

  	
   

  	
  Pro
  Sax Silver Solder

  
	
   

  	
   

  	
  30

  	
   

  	
  Raw Material Store Room

  
	
   

  	
   

  	
  141

  	
   

  	
  Silver
  Solder – Pads

  
	
   

  	
   

  	
  142

  	
   

  	
  Silver
  Solder – Small Parts

  
	
   

  	
   

  	
  96

  	
   

  	
  Silver
  Solder Keys  A - B - C – D

  
	
   

  	
   

  	
  52

  	
   

  	
  Slide
  Assembly – Trombone Professional

  
	
   

  	
   

  	
  98

  	
   

  	
  Slide
  Making – Cornet & Trumpet – Student

  
	
   

  	
   

  	
  121

  	
   

  	
  Student
  Trombone Bell Mounting

  
	
   

  	
   

  	
  123

  	
   

  	
  Student
  Trombone Parts Mounter

  
	
   

  	
   

  	
  124

  	
   

  	
  Student
  Trombone Slide Final Assembly

  
	
   

  	
   

  	
  122

  	
   

  	
  Student
  Trombone Slide Mounting

  
	
   

  	
   

  	
  182

  	
   

  	
  Tone
  Hole Pull & Face Operator

  
	
   

  	
   

  	
  145

  	
   

  	
  Utility
  Keys - Cut/in, Pushup, Jigging & Other Work as Required

  
	
   

  	
   

  	
  37

  	
   

  	
  Utility,
  Trombone Slide Assembly

  
	
   

  	
   

  	
  177

  	
   

  	
  Wastewater Operator

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  5

  	
   

  	
  1205

  	
   

  	
  Tone Hole Facing Operator

  
	
   

  	
   

  	
  51

  	
   

  	
  Bell
  Assembly – Trombone Professional

  
	
   

  	
   

  	
  193

  	
   

  	
  Combination,
  Freeze Bending & Crook Making

  
	
   

  	
   

  	
  131

  	
   

  	
  Crook
  Maker - Bell Bending

  
	
   

  	
   

  	
  99

  	
   

  	
  Socket
  Worker – Pierce & Pull

  
	
   

  	
   

  	
  45

  	
   

  	
  Utility
  Lead Pour & Oven Attendant

  
	
   

  	
   

  	
  165

  	
   

  	
  Automatic Buff

  
	
   

  	
   

  	
  166

  	
   

  	
  Combination
  Emery & Hand Buff

  
	
   

  	
   

  	
  125

  	
   

  	
  Combination
  Honing & Final Assembly Pro

  
	
   

  	
   

  	
  132

  	
   

  	
  Draw
  Bench

  
	
   

  	
   

  	
  65

  	
   

  	
  Final
  Assembly Professional

  
	
   

  	
   

  	
  26

  	
   

  	
  CNC
  Operator

  
	
   

  	
   

  	
  71

  	
   

  	
  General
  Machine B

  



 


42

















 


	
  Labor

  Grade

  	
   

  	
  Job

  Number

  	
   

  	
  Job Title

  	
   

  
	
  5

  	
   

  	
  74

  	
   

  	
  Genaral
  Machine E

  
	
   

  	
   

  	
  49

  	
   

  	
  Inspect & Repair Soft Solder

  
	
   

  	
   

  	
  5

  	
   

  	
  Inspection Primary / Bach &
  Student

  
	
   

  	
   

  	
  86

  	
   

  	
  Mounting
  – Trombone

  
	
   

  	
   

  	
  83

  	
   

  	
  Mounting
  Brass Instrument - Professional

  
	
   

  	
   

  	
  88

  	
   

  	
  Piston
  Making

  
	
   

  	
   

  	
  7

  	
   

  	
  Pre-Test

  
	
   

  	
   

  	
  1201

  	
   

  	
  Utility Dept. 54

  
	
   

  	
   

  	
  25

  	
   

  	
  Set Up Light Mill & Drill

  
	
   

  	
   

  	
  97

  	
   

  	
  Slide
  Making – Cornet & Trumpet – Professional

  
	
   

  	
   

  	
  31

  	
   

  	
  Specialized Inspection

  
	
   

  	
   

  	
  115

  	
   

  	
  Utility
  – General Machine

  
	
   

  	
   

  	
  170

  	
   

  	
  Utility
  – Mouthpiece Buffing

  
	
   

  	
   

  	
  40

  	
   

  	
  Utility
  – Mush Buff & Desolder

  
	
   

  	
   

  	
  100

  	
   

  	
  Valve
  Making

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  6

  	
   

  	
  55

  	
   

  	
  Bell
  Spinner Cornet, Trumpet & Trombone

  
	
   

  	
   

  	
  58

  	
   

  	
  Bow
  & Mouthpipe Maker

  
	
   

  	
   

  	
  105

  	
   

  	
  Combination
  - Pitch Bending & Crook Maker

  
	
   

  	
   

  	
  27

  	
   

  	
  Engraving

  
	
   

  	
   

  	
  70

  	
   

  	
  General
  Machine A

  
	
   

  	
   

  	
  72

  	
   

  	
  General
  Machine C

  
	
   

  	
   

  	
  73

  	
   

  	
  General
  Machine D

  
	
   

  	
   

  	
  75

  	
   

  	
  General
  Machine F

  
	
   

  	
   

  	
  76

  	
   

  	
  General
  Machine G

  
	
   

  	
   

  	
  95

  	
   

  	
  Screw
  Machine Operator

  
	
   

  	
   

  	
  172

  	
   

  	
  Specialized
  Mouthpiece Maker

  
	
   

  	
   

  	
  113

  	
   

  	
  Utility
  – Bell Spinner

  
	
   

  	
   

  	
  1202

  	
   

  	
  Utility Key Finish

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  7

  	
   

  	
  8

  	
   

  	
  Bach Trumpet and Cornet Tester

  
	
   

  	
   

  	
  53

  	
   

  	
  Bell
  Maker - Brass Instruments

  
	
   

  	
   

  	
  57

  	
   

  	
  Body
  Maker – Saxophone

  
	
   

  	
   

  	
  93

  	
   

  	
  Buff
  Keys

  
	
   

  	
   

  	
  169

  	
   

  	
  Miscellaneous
  Machine Operator

  
	
   

  	
   

  	
  2

  	
   

  	
  A1
  Experimental & Technical Repair

  
	
   

  	
   

  	
  54

  	
   

  	
  Bell
  Maker – Saxophone

  
	
   

  	
   

  	
  175

  	
   

  	
  Brown
  & Sharpe

  
	
   

  	
   

  	
  67

  	
   

  	
  Final
  Assembly Adjust Saxophone

  
	
   

  	
   

  	
  90

  	
   

  	
  Polish
  & Buff Parts – Cornet, Trumpet, Trombone - Group A

  
	
   

  	
   

  	
  91

  	
   

  	
  Polish
  & Buff Parts – Cornet, Trumpet, Trombone - Group B

  
	
   

  	
   

  	
  89

  	
   

  	
  Polish
  & Buff Sax Parts

  
	
   

  	
   

  	
  82

  	
   

  	
  Lacquering

  



 


43

















 


	
  Labor

  Grade

  	
   

  	
  Job

  Number

  	
   

  	
  Job Title

  	
   

  
	
  7

  	
   

  	
  19

  	
   

  	
  Student & Professional Saxophone
  Tester

  
	
   

  	
   

  	
  20

  	
   

  	
  Tester Trombones

  
	
   

  	
   

  	
  1204

  	
   

  	
  Tumble Buff Operator

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  8

  	
   

  	
  13

  	
   

  	
  Bach Shop Honer & Final Assembler

  
	
   

  	
   

  	
  69

  	
   

  	
  Final
  Assembly Adjust Baritone Saxophone

  
	
   

  	
   

  	
  159

  	
   

  	
  Professional
  Saxophone Final Assembly

  
	
   

  	
   

  	
  1308

  	
   

  	
  Buff & Color –Sax, Trombone, Cornet &
  Trumpet

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  9

  	
   

  	
  14

  	
   

  	
  Bach Shop Combination Final Assembler

  
	
   

  	
   

  	
  11

  	
   

  	
  Bach Shop Mounter/Trombone

  
	
   

  	
   

  	
  9

  	
   

  	
  Bach Shop Mounter/Trumpet, Cornet

  
	
   

  	
   

  	
  S3

  	
   

  	
  Millwright

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  10

  	
   

  	
  12

  	
   

  	
  Bach Shop Color Buffer

  
	
   

  	
   

  	
  1309

  	
   

  	
  Buff & Color Pro A – Cornet, Trumpet, Trombone
  – Bach

  
	
   

  	
   

  	
  1310

  	
   

  	
  Buff & Color ProB – Cornet, Trumpet, Trombone
  - Bach

  
	
   

  	
   

  	
  S2

  	
   

  	
  Electrician

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  11

  	
   

  	
  S1

  	
   

  	
  Tool & Die Maker

  



 












*   Bold    -   
Non-Incentive


 


44

















 


Article XXIX


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.


 


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.


 


45

















 


	
  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.


2.               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.


3.               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.)


 


	
  (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

  	
   

  



 


46

















 


(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 workweek (including incentive time worked by the employee on any pre or
post shift overtime during that workweek).


7.               Procedures for
Changing Standards


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.


 


47

















 


(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.


 


	
  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 


 


48

















 


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.         Local Union Time Study
Person


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.


(a)          The Company agrees to
recognize the Local Union Time Study Persons (LUTSP) 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 a SIR, stating the reason for such SIR.


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


(b)         Valid standard disputes will be 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 still exists, SIR will be implemented as a
grievance at the third step of the grievance procedure and will be
processed as any other grievance in regard to time limits and 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.  (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


 


49

















 


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 incident occurred resulting in an SIR. (i.e. method change,
material change, etc.)


(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 Article XXIX, Section
13and 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.


(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


 


50

















 


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; 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.

  	
   

  
	
  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.


 


51

















 


16.         The
various contractual provisions which relate to the prior incentive system or
earnings calculations or payments under the prior system (contained in the
prior Collective Bargaining Agreement) will continue to apply to employees
until the time of conversion.  When the
new incentive standards are installed, the prior wage incentive system,
including all contract agreements, memoranda or letters of understanding,
minutes and past practices relating to the establishment of standards or the
payment of employees under the prior incentive system and any and all matters
related thereto, whether written or oral, will become null and void.  Any new agreements must be in writing and
signed by both parties.  The Working
Agreement will apply except where specified in the post-conversion required
language changes Articles.


17.         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
workers $.30 cent/hour premium while training.


(b)         Assignments
to unrated 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.


 


52

















 


Article
XXX


Rates of Pay


For
Incentive Employees


 


	
  Condition

  	
   

  	
  Rate

  	
   

  	
  Time (actual and

  earned hours)

  included in incentive

  calculation

  
	
  Holidays (Article XV,
  Section 8 [a])

  	
   

  	
  Employee’s
  previous quarter’s average

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Vacations
  (Article XV, Section 2)

  	
   

  	
  Rate
  in current calculation

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Jury
  Duty (Article XVII, Section 9)

  	
   

  	
  Employee’s
  previous quarter’s average

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Bereavement
  (Article XVII, Section 8)

  	
   

  	
  Employee’s
  previous quarter’s average

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Paid
  Union Time (Article VI, Section 3)  and
  all other, including Safety Committee representatives (Article XVII, Section
  3 and LUTSP

  	
   

  	
  125%
  of applicable maximum incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Assigned
  to train (Article XXIX, Section 17 (a))

  	
   

  	
  127
  1⁄2% of applicable incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Trainee
  (progression schedule) (Article XIV, Section 2)

  	
   

  	
  Non-incentive
  until qualified per wage progression

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Assigned
  to unrated experimental/prototype  (Article
  XIX, Section 17 (b)

  	
   

  	
  125%
  of applicable incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Company-called
  meetings (Article XIII,  Old
  Section 10) (Article XXIV, Section 17 (c))

  	
   

  	
  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

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Report
  In Pay (Article VIII, Section 4a)

  	
   

  	
  Applicable
  incentive 

  	
   

  	
  No

  



 


53

















 


	
   

  	
   

  	
  base
  rate (guarantee pay for time not worked)

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Call
  In Pay (Article VIII, Section 5)

  	
   

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

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Inventory
  (Article XIV, Section 9)

  	
   

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

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Work
  Related Testing (Article XXIX, Section 17 (c))

  	
   

  	
  125%
  of applicable incentive base rate for Company required medical tests, e.g.,
  pulmonary function, blood lead levels, auditory testing; applicable incentive
  base rate for treatment at clinic or going for first aid or any other medical
  treatment where payment is currently made.

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Rework/repair/returned
  goods

  	
   

  	
   

  	
   

  	
   

  
	
  Own fault 
  (Article XXIV, Section 10)

  	
   

  	
  Reworked/repaired
  on standard

  	
   

  	
  Yes

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  -  Not employee fault

  	
   

  	
  •
  Incentive rate (special); or

  	
   

  	
  Yes

  
	
   

  	
   

  	
  • 125% of employee’s incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

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

  	
   

  	
  120%
  of applicable incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Downtime
  [Article XXIX, Section 15 (i)]

  	
   

  	
   

  	
   

  	
   

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

  	
   

  	
  On standard

  	
   

  	
  Yes

  



 


54

















 


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

  	
   

  	
  Applicable
  incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Off
  standard conditions substantially affecting performance (Article XXIX,
  Section 12)

  	
   

  	
  •
  Supplemental standard  or

  	
   

  	
  Yes

  
	
   

  	
   

  	
  • Applicable incentive base rate; 120% of
  applicable base rate if no supplemental standard within 48 hours

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Unrated
  work within job classification  (SHP
  Section 5)

  	
   

  	
  Applicable
  incentive base rate

  	
   

  	
  No

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Temporary
  assignments to another job classification (Article XIII, Section 3 (b))

  -        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

  



 












**/                              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.


 


55

















 


Article XXXI


BUFFING TRAINING PROGRAM


 


Employees who are hired,
bump, or bid into the job classification of Student Buffer will be trained to
buff one type of student musical instrument (trumpet, trombone or saxophone)
during the first seven months after their entry into the job
classification.  Management will
determine which type of the three (3) student horns the employee will be
trained to buff during the seven months of training.


 


Employees who
enter the Student Buffer Training Program will have a two (2) year commitment
to Student Buffing.  The two (2) year
commitment includes the training period. 
During this two (2) year period, an employee will not be eligible to bid
on other jobs.  The two (2) year commitment
can only be shortened in duration if an employee is disqualified from the
training program or bids to the job classification of Professional Buffer.


 


During the first seven
months of training, an employee shall be paid an hourly wage in accordance with
the following wage progression:


 




	
  First Month

  	
   

  	
  80

  	
  %

  	
  Of the maximum of Labor Grade 7

  	
   

  
	
  Second Month

  	
   

  	
  83

  	
  %

  	
  Of
  the maximum of Labor Grade 7

  	
   

  
	
  Third Month

  	
   

  	
  86

  	
  %

  	
  Of
  the maximum of Labor Grade 7

  	
   

  
	
  Fourth Month

  	
   

  	
  89

  	
  %

  	
  Of
  the maximum of Labor Grade 7

  	
   

  
	
  Fifth Month

  	
   

  	
  92

  	
  %

  	
  Of
  the maximum of Labor Grade 7

  	
   

  
	
  Sixth Month

  	
   

  	
  95

  	
  %

  	
  Of
  the maximum of Labor Grade 7

  	
   

  
	
  Seventh Month

  	
   

  	
  98

  	
  %

  	
  Of
  the maximum of Labor Grade 7

  	
   

  
	
  At the end of the Seventh Month

  	
   

  	
  100

  	
  %

  	
  Of
  the maximum of Labor Grade 7

  	
   

  






 


Based upon management’s
and the employee’s trainer’s assessment of an individual employee’s
qualification at the time of hire, bump, or bid during the period of the wage
progression an employee maybe advanced through the progression at an
accelerated rate.  This provision shall
not impair management’s right to remove/disqualify an employee from the job
classification during the progression if the employee fails to meet
management’s reasonable expectation.


 


An employee will not be
eligible for incentive pay until the employee is “qualified” and reaches 100%
of the maximum of Labor Grade 7.


 


After an employee has
qualified to buff one type of student horn he/she will begin the second part of
the training program – an additional training period of sixteen (16) weeks
duration.  The employee will be trained
to buff another type of student horn during this sixteen-week period.  Management will determine the type of
student horn the employee will be trained to buff during this sixteen (16) week
training period (trumpet, trombone or saxophone).


 


During this sixteen (16)
week training period, the employee will be paid at the maximum of Labor Grade
7.  In addition to the training on the
second type of student horn the employee will


 


56

















 


be assigned to buff the
type of student horn for which he/she was trained during the first seven months
of training.  The employee will be paid
in accordance with the Conn-Selmer Standard Hour Plan when buffing the student
horns for which he/she is qualified.


 


If the Company does not
provide the employee with an incentive opportunity 50% of the hours worked
during the sixteen (16) week training period, the employee shall be paid at
125% of the maximum of Labor Grade 7 for all necessary hours to equal 50% of
the total hours worked during the 16 week training time when added to the hours
on incentive.


 


Example:


	
  16 weeks of training

  	
   

  	
  =

  	
   

  	
  640 hours

  	
   

  
	
  Non
  incentive training

  	
   

  	
  =

  	
   

  	
  320 hours

  	
   

  
	
  Hours
  on incentive

  	
   

  	
  =

  	
   

  	
  230 hours

  	
   

  
	
  Guarantee
  of 125% X Labor Grade 7

  	
   

  	
  =

  	
   

  	
  90 hours

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  640 hours

  	
  *

  



 


* With
320 hours being paid at the maximum of Labor Grade 7 and the other 320
hours either being compensated for in
accordance with the Conn-Selmer Standard Hour Plan or 125% of the maximum of
Labor Grade 7.


 


When an employee has successfully
completed the sixteen (16) weeks of training and is qualified to buff two types
of student horns, he/she will hold the job classification of Student Buffer – B
and will be paid the maximum of Labor Grade 8.


 


Based upon management’s
and the employee’s trainer assessment of an individual employee’s qualification
during the second period of training, or an employee’s performance at a 100% of
the standard producing quality horns an employee maybe advanced through the
second part of the training program at an accelerated rate, and be paid 100% of
the guaranteed base rate of Labor Grade 8.


 


A Student Buffer – B will
be assigned by management to either of the three (3) types of student horns in
accordance with the Company’s daily production needs and the employee’s
qualifications.  An employee may use his
seniority to select his work assignment within the job classification.


 


Professional Buffer
Training Program


 


Only the employees who
have qualified for the job classification of Student Buffer – B will be eligible
for entry into the Professional Buffer Training Program.


 


During the first
eight (8) weeks after entry into the Professional Buffer Training Program, an
employee will be trained to buff one type of professional musical instrument,
either a trumpet or trombone. 
Management will determine the type of horn for which the employee will
receive his/her training.


 


57

















 


The employee will be paid
100% of the guaranteed base rate of Labor Grade 10 while receiving this eight
(8) weeks of training.


 


After an employee
has received the eight (8) weeks of training and is qualified to buff one type
of professional horn, he/she will begin the second part of the training program
of 16 weeks duration.  The employee will
be trained to buff the other professional instrument during this 16-week
period.


 


During this 16-week
training period, the employee will be paid 100% of the guaranteed base rate of
Labor Grade 10.  In addition to the
training on the second type of professional horns the employee will be assigned
to buff the type of professional horn for which he/she was trained during the
first eight (8) weeks of training.  The
employee will be paid in accordance with the Conn-Selmer Standard Hour Plan
when buffing the professional horn for which he/she is qualified.


 


If the Company
does not provide the employee with an incentive opportunity 50% of the hours
worked during the sixteen (16) week training period, the employee shall be paid
at 125% of the maximum of Labor Grade 10 for all necessary hours to equal 50%
of the total hours worked during the 16 week training time when added to the
hours on incentive.


 


When an employee has
successfully completed the sixteen (16) weeks of training and is qualified to
buff two types of professional horns, he/she will hold the job classification
of Professional Buffer – B and will be paid the Labor Grade 10 incentive base
rate.


 


A Professional
Buffer – B will be assigned by management to either of the two types of
professional horns in accordance with the Company’s daily production needs and
the employee’s qualifications.  An
employee may use his seniority to select his work assignment within the job
classification.


 


Buffer Transition Plan


 


1.               Current
Buffers:


All buffers who
buff student horns will be a Student Buffer B, Labor Grade 8.


 


The employees who buff
professional horns will be Professional Buffer A’s, Labor Grade 10, until they
demonstrate their ability to buff two (2) professional horns by buffing at 100%
of the standard while producing quality horns. 
When employees are qualified to buff two (2) professional horns, they
will be Professional Buffers B’s, Labor Grade 10.


 


2.               Employees
who bid or bump into the buffing classification:


Employees who bid
or bump on the Student Buffer and Professional Buffer jobs and have held the
classification of Buffer will be evaluated by buffing and having their
qualifications determined by the buffing incentive standards.  If they buff at 100% producing quality
horns, they are considered qualified.  They will be slotted into the respective training programs in
accordance with their qualifications and demonstrated ability to buff.  Only employees who have held the classification
of Buffer may bid or bump a Professional Buffer job.


 


58

















 


Article XXXII


 


Union Leave


The local Union President
or his/her designee shall have the right to excuse employees for union business
for temporary periods of time.  It is
understood that the president or designee shall give as much advance notice as
possible on all such leaves.  This
paragraph shall not be used to disrupt production.


 


To:  Bargaining
Committees – Locals 364


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.


 


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 April 1,
2004, 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.


 


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


 


59

















 


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 Agreement for the Merger of the Bundy and Buescher Operations
and Seniority


a)              Upon the merger of
the Bundy and Buescher Operations, there shall be no segregation of work,
except as provided in this agreement.


b)             A seniority list
shall be established, with seniority determined by the date of hire with the
Bundy Corporation.


1.               All employees who
were employed with the Bundy Corporation prior to February 1, 1963, shall
have their present seniority dates and shall be designated by the letter “B”.


2.               All employees who
were employed by the Buescher Division on February 1, 1963, shall have
this date as their seniority date, and shall be arranged on the seniority list
in order of their former seniority with the former Buescher Band Instrument
Company, and shall be designated by the letter “H”.


3.               All other employees
at either the Bundy Corporation or the Buescher Division who were hired after
February 1, 1963, shall be arranged on the seniority list by the date of
hire and shall not be designated by any letter.


c)              This seniority list
shall be used for the purpose of bidding.


d)             This seniority list
shall be used for the purpose of layoff under the following procedure:


1.               Probationary and
part-time employees shall be laid off first, in any order.


2.               Unlettered
employees shall be laid off by seniority date.


3.               If layoff should
reach lettered employees, they may then either retain that part of the existing
work they had prior to the merger, or they may exercise their bumping
rights.  If lettered employee’s exercise
bumping rights, any part of their job remaining shall be done by employees
remaining in the group.  Employees who
bump shall be called back to their group.


 


60

















 


4.               Any lettered
employee who bids from the job he holds at the time of merger into another
group shall for the purposes of layoff have the least seniority among the
lettered employees, regardless of letters, of the group into which he bid.


e)              In the event of a
layoff, the following bumping procedure shall be followed:


1.               A
“B” employee may bump only a “B” employee with less seniority, or an unlettered
employee.


2.               An
“H” employee may bump only an “H” employee with less seniority, or an
unlettered employee.


3.               Any
unlettered employee may bump any employee of lesser seniority.


 


Section
2 - Benefits


a)              The
Company will recognize five (5) years seniority as of February 4, 1963, for
every Buescher employee who shows a hiring date with the former Buescher
Corporation prior to February 4, 1958. 
Every Buescher employee who shows a hiring date with the former Buescher
Corporation after February 4, 1958, will have as their seniority date for
pension purposes their most recent hiring date.


b)             The
Company will recognize the original Lesher Brass hire date for purposes of
vacation and pension for Bach II employees merged with Vincent Bach as of
April 1, 1981.


c)              For
the purposes of vacation only, the Company will recognize five (5) years
seniority as of February 4, 1963, for every Buescher employee who shows a
hiring date with the former Buescher Corporation prior to February 4,
1958.  Every Buescher employee who shows
a hiring date with the former Buescher Corporation after February 4, 1958,
will have as their seniority date for purposes of vacation, their most recent
hiring date.


 


This agreement
will end when the employees affected by this merger are no longer employed by
the Company.


 


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.


 


61

















 


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 Fidelity
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 one-time origination fee, which is deducted for the loan check.


 


62

















 


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 the use 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 officer of the Company


 


3)              The employee
purchase price will be:


 


a)                                      Maximum
allowable discount* on wearables.


 


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 cash, check, or credit card at the time of delivery.


 


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


 


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


 


63

















 


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


 


	
  Vincent Bach

  	
   

  	
  Union Local 364

  	
   

  
	
  Division of
  Conn-Selmer, Inc.

  	
   

  	
  U.A.W.

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Robert Britton

  	
   

  	
  /s/ Jerry Stayton

  	
   

  
	
  Robert Britton

  	
   

  	
  Jerry Stayton

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Edward H. Chesko

  	
   

  	
  /s/ Robert Allen

  	
   

  
	
  Edward H. Chesko

  	
   

  	
  Robert Allen

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Michelle Hammer

  	
   

  	
  /s/ Bo Coody

  	
   

  
	
  Michelle Hammer

  	
   

  	
  Bo Coody

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Dennis Hanson

  	
   

  	
  /s/ Connie Replogle

  	
   

  
	
  Dennis Hanson

  	
   

  	
  Connie Replogle

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Doug White

  	
   

  	
  /s/ Kevin Adams

  	
   

  
	
  Doug White

  	
   

  	
  Kevin Adams

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  International
  Representative

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Terry Thurman

  	
   

  	
   

  	
   

  
	
  Terry Thurman, Director
  of Region 3 UAW

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Larry D. Banghart

  	
   

  	
   

  	
   

  
	
  Larry D. Banghart,
  International Representative

  	
   

  	
   

  	
   

  



 


64