exv10w13



 





Exhibit 10.13

AGREEMENT DATED NOVEMBER 21, 2003 BETWEEN THE COMPANY

AND LOCAL 1031, I.B.E.W., AFL-CIO

EFFECTIVE - JUNE 30, 2003 TO JULY 2, 2006

TABLE OF CONTENT’S




	 	 	 	 	 	 	 
	 	 	 	 	 	 	PAGE
	ARTICLE I
	 	UNION AND MANAGEMENT	 	 
	 
	 	Section 1.	 	Parties and Effective Date 	 	1
	 
	 	Section 2.	 	Expiration Date and Renewal 	 	1
	 
	 	Section 3.	 	Recognition	 	1
	 
	 	Section 4.	 	Management	 	1-2
	 
	 	Section 5.	 	Union Shop	 	2
	 
	 	Section 6.	 	Check-off	 	2-3
	 
	 	Section 7.	 	Non-Discrimination 	 	3
	 
	 	Section 8.	 	Trial Period Employees 	 	3-4
	ARTICLE II
	 	REPRESENTATIVE, GRIEVANCES AND ARBITRATION	 	 
	 
	 	Section 1.	 	Stewards	 	4
	 
	 	Section 2.	 	Grievance Procedure 	 	4-6
	 
	 	Section 3.	 	Arbitration 	 	6
	 
	 	Section 4.	 	No Strike or Lockouts 	 	6-7
	ARTICLE III
	 	HOURS OF WORK AND OVERTIME	 	 
	 
	 	Section 1.	 	Regular Work Week 	 	7
	 
	 	Section 2.	 	No Staggering 	 	7
	 
	 	Section 3.	 	Changing Workweek 	 	7
	 
	 	Section 4.	 	Overtime 	 	8
	 
	 	Section 5.	 	Shift Premium 	 	8
	 
	 	Section 6.	 	Preference of Shift and Overtime 	 	8
	 
	 	Section 7.	 	Lunch Periods 	 	8
	 
	 	Section 8.	 	Rest Periods	 	9
	 
	 	Section 9.	 	Reporting Pay 	 	9
	 
	 	Section 10.	 	Call-Back Pay 	 	9
	 
	 	Section 11.	 	No Pyramiding 	 	9
	ARTICLE IV
	 	SENIORITY	 	 
	 
	 	Section 1.	 	Basis of Seniority 	 	9
	 
	 	Section 2.	 	Effect of  Seniority 	 	9-10
	 
	 	Section 3.	 	Seniority List 	 	10
	 
	 	Section 4.	 	Temporary Layoffs 	 	10-11
	 
	 	Section 5.	 	Temporary Transfers 	 	11
	 
	 	Section 6.	 	Options	 	11
	 
	 	Section 7.	 	Demotion	 	11-12
	 
	 	Section 8.	 	Rights on Recall 	 	12-13
	 
	 	Section 9.	 	Skill & Ability 	 	13
	 
	 	Section 10.	 	Vacancies 	 	13-14
	 
	 	Section 11.	 	On-the-Job-Training 	 	14
	 
	 	Section 12.	 	Leave of Absence 	 	15
	 
	 	Section 13.	 	Loss of Seniority 	 	15-16
	 
	 	Section 14.	 	Promotion to Exempt Positions 	 	16







I




 









 








TABLE OF CONTENT’S CONT’D




	 	 	 	 	 	 	 
	 	 	 	 	 	 	PAGE
	ARTICLE V
	 	VACATION AND HOLIDAYS	 	 
	 
	 	Section 1.	 	Eligibility and Amount of Vacation	 	16-17
	 
	 	Section 2.	 	Minimum Hours	 	17
	 
	 	Section 3.	 	Computation of Vacation Pay	 	18
	 
	 	Section 4.	 	Scheduling of Vacations	 	18
	 
	 	Section 5.	 	Date Due	 	18
	 
	 	Section 6.	 	Consecutive  Days, etc	 	18
	 
	 	Section 7.	 	Retiree Pro-Rata Vacation Pay	 	19
	 
	 	Section 8.	 	Holidays and Holiday pay	 	19-20
	 
	 	Section 9.	 	Floating Holiday	 	20
	ARTICLE VI
	 	WAGES	 	 
	 
	 	Section 1.	 	Rates	 	20
	 
	 	Section 2.	 	Cost Of Living	 	20-21
	 
	 	Section 3.	 	New Classifications	 	21
	 
	 	Section 4.	 	Upgrading	 	21
	 
	 	Section 5.	 	New Experienced Employees	 	21
	 
	 	Section 6.	 	Payday	 	22
	 
	 	Section 7.	 	Piece Work	 	22
	 
	 	Section 8.	 	Pension Plan	 	22
	ARTICLE VII
	 	INSURANCE	 	22-23
	ARTICLE VIII
	 	GENERAL PROVISIONS	 	 
	 
	 	Section 1.	 	Saving   Clause	 	23
	 
	 	Section 2.	 	Bulletin  Board	 	23
	 
	 	Section 3.	 	Election Day	 	23
	 
	 	Section 4.	 	Supervisors	 	24
	 
	 	Section 5.	 	Right of Access	 	24
	 
	 	Section 6.	 	Conflict with State & Federal Laws	 	24
	 
	 	Section 7.	 	Female Employees	 	24
	 
	 	Section 8.	 	Paid Leave of Absence	 	24-25
	 
	 	Section 9.	 	Jury Service	 	25
	 
	 	Section 10.	 	Safety and Health Provisions	 	25
	 
	 	Section 11.	 	Union Employee Educational Assistance Program	 	26
	 
	 	Section 12.	 	Call-In Sick / Personal Day	 	27
	 
	 	Section 13.	 	Inventory Shutdown Scheduling	 	27
	 
	 	Section 14.	 	Severance Plan	 	27
	 
	 	Section 15.	 	401K Savings Plan	 	27







ii




 









 








ARTICLE I




UNION AND MANAGEMENT




     Section 1. Parties and Effective Date: The parties to this Agreement are:
Wells-Gardner Electronics Corporation, its successors or assigns, hereinafter
called the “Company” and Local 1031, International Brotherhood of Electrical
Workers, AFL-CIO, hereinafter called the “Union”. This Agreement shall become
effective June 30, 2003.



     Section 2. Expiration Date and Renewal: This Agreement shall remain in
full force and effect until July 2, 2006 and then shall automatically renew
itself from year to year thereafter, unless the Company or the Union gives
written notice to the other party to amend, modify or terminate within not less
than sixty (60) days prior to any expiration date. The parties may by mutual
agreement modify or amend this Agreement at any time hereafter.



     Section 3. Recognition: The Company recognizes the Union as the sole and
exclusive collective bargaining agent for all of the Company’s production and
maintenance employees located at 9500 West 55th Street – Suite A, McCook,
Illinois 60525-3605 excluding Wells-Gardner Electronics Corporation executives
and non-working supervisors, office, clerical and sales employees, engineering
and laboratory employees, supervisors, guards, outside truck drivers, journey &
craft persons who are represented for purposes of collective bargaining by
unions affiliated with the AFL-CIO.



     Section 4. Management: The management of the Company and its operations,
the direction of the work force, including the right to hire, assign, suspend,
transfer, promote, discharge or discipline for just cause and to maintain
discipline and efficiency of its employees and the right to relieve employees
from duty because of lack of work or for other legitimate reasons not in
conflict with the provisions of this Agreement; the right to determine the
extent to which the plant shall be operated; the right to introduce new or
improved production methods, processes or equipment; the right to decide the
number and locations of plants, the nature of equipment or machinery, the
products to be manufactured, the methods and processes of manufacturing, the
scheduling of production, the method of training employees, the designing and
engineering of products and the control of raw materials; the right to continue
in accordance with past practice to assign work to outside contractors; and the
right to enact Company policies, plant rules and regulations which are not in
conflict with this Agreement, are vested exclusively in the Company.



     The Union recognizes that there are functions, powers, authorities and
responsibilities belonging solely to the Company, prominent among which, but by
no means inclusive, are those enumerated in the preceding paragraph. The
management rights enumerated in said paragraph are not inclusive and shall not
be deemed to exclude other functions not herein listed.



 









 





     The term “just cause” as used in this Agreement includes but is not
limited to any violations of a published plant rule established pursuant to the
provisions of Article I.



     Section 5. Union Shop: All employees covered by the terms of this
Agreement shall be required to become and remain members of the Union as a
condition of employment from and after the sixty-first (61st) day following the
date of their employment or the effective date of this Agreement, whichever is
later.



     Section 6. Check-Off: The Company agrees that it will make weekly
deductions from each weekly pay check covering any and all amount of dues and
initiation fees that may hereafter become due to the Union for any of its
employees covered hereunder, provided that the Union requests such deductions
and accompanies such requests with properly and legally executed assignments,
in accordance with law, authorizing such deductions. The employer further
agrees that once each week, it will remit promptly to the Union such collected
amounts. At the end of each calendar month, the Company shall forward to the
Union an alphabetical list of the names and the total amounts deducted during
said month from each employee covered. In lieu of this monthly alphabetical
list, the Company may, at its option, forward to the Union such an alphabetical
list each week along with the weekly remittance of collected amounts.



     If through inadvertence or error, the Company fails or neglects to make a
deduction which is properly due and owing from an employee’s weekly pay check,
such deduction shall be made from the next weekly pay check of the employee and
promptly remitted to the Union. It is expressly agreed and understood that the
Union assumes full responsibility for the validity and the legality of such
employee’s deductions as are made by the Company and hereby agrees to indemnify
and save the Company harmless, by virtue of such collections and payments to
the Union.



     No deduction shall be made from any employee for union dues in any week in
which such employee receives a check representing a total of less than eight
(8) hours at the employees regular rate of pay nor shall any deduction be made
from any employee’s pay check prior to the date on which, by the terms of this
Agreement, he/she is required to become a member of the Union as a condition of
employment.



     Section 7. Non-Discrimination: It is agreed between the parties that in
the policies and practices of the Company and in the membership policies and
practices of the Union there shall continue to be no discrimination against any
employee on account of race, creed, color, national origin or sex.



     Section 8. Trial Period Employees:




	 	(a)	 	Trial Period: New employees shall be on trial until they have
been employed for a period of sixty (60) calendar days and during
such period the Company shall have the right to dismiss or retain the
employee at its own discretion. Upon completion of such sixty (60)
calendar days of employment, the employee shall be deemed to be a
regular employee. In all instances where a trial period employee is
laid off for




 









 






	 	 	 	lack of work or granted a leave of absence for illness or other good
cause, such reduction from active employment shall be deemed to be a
layoff, unless at the date it occurs, the employee is given a
written notice stating that he/she is terminated.
	 
	 	(b)	 	Return from Leave or Recall of Laid Off Trial Period Employee:
Trial period employees who are laid off and by election of the
Company subsequently recalled or who are granted a leave of absence
and subsequently return to work, must complete sixty (60) calendar
days of trial period active employment within six (6) months of the
date of their original hire date in order to become a regular
employee. Periods of trial period active employment, as referred to
above, shall include any week in which the employee works at least
one full day. At such time as the employee completes sixty (60)
calendar day trial period active employment, his/her “original hiring
date”, for the purpose of determining his/her length of service (in
accordance with Article IV, Section 3(b)) shall be established as
that date sixty (60) calendar days prior to the date of completion of
the trial period employment requirement.
	 
	 	(c)	 	Trial Period Employee Recalled Before Expiration of Six-Month
Period: Trial period employees who have not completed sixty (60)
calendar days of trial period employment within six (6) months from
their original date of hire, but who are recalled or return from a
leave of absence prior to the expiration of such six-month period
will be permitted to complete the trial period requirement, although
the six-month period elapses before such trial period is completed,
provided the employee is not laid off before he/she completes his/her
trial period employment. If such a layoff occurs before the employee
bas completed his/her trial period and the six-month period has
expired, said employee will be considered to have been terminated
rather than laid off.
	 
	 	(d)	 	Extension of Trial Period: The Company shall have the right to
extend the trial period to ninety (90) calendar days upon written
notice to the Union and the employee prior to completion of the
normal sixty (60) day trial period and shall retain the right to
dismiss such employee during this extension period without being
subject to review. In all instances where the trial period of a new
employee is so extended, such employee’s responsibility to become and
remain a member of the Union in good standing as a condition of
employment after sixty (60) days shall not be affected; and any
benefits of the contract such as holiday pay and insurance coverage
shall accrue to such- employee at the end of the initial sixty day
period.





ARTICLE II




REPRESENTATION, GRIEVANCES AND ARBITRATION




     Section 1. Stewards: The Company agrees to recognize the Chief Steward and
Shop Stewards selected by the Union in accordance with the Union rules and
regulations. Such Chief Steward and Stewards may act as a grievance committee
at the request of, and with, the Business Manager of the Union, or his/her
representative. The Union will notify the Company as to the identity of such
Chief Steward or Stewards and the Company shall not be required to recognize
any other employees in the adjustment of complaints than those whose names are
furnished to the Company as aforesaid. Such Chief Steward and Stewards shall
be granted a reasonable amount of time during working hours for the purpose of
investigating and adjusting complaints, provided however, that such Chief
Steward and Stewards shall not leave their work without the permission of the
immediate supervisor. Such permission, however, shall not be arbitrarily
withheld. The Chief Steward and Stewards shall be granted top seniority in
their respective departments for the purpose of layoffs and recalls.



 









 





     Section 2. Grievance Procedure: Any grievance arising during the life of
this contract pertaining to wages, hours of work and working conditions of
employees in the bargaining unit shall be subject to the procedures outlined
below:



     Either the Company or the Union or any employee (or Steward, Chief Steward
or Business Representative in his/her behalf) may file grievances. Grievances
of the Company or Union shall be presented directly to the other in writing.
Grievances of the employees shall be reduced to writing on grievance forms
provided by the Union. All answers by the Company shall likewise be in
writing. Grievances will be handled as follows:



	 	 	 	 	 
	 	Step 1.
	 	 	The employee, his/her Steward or both, shall present the
matter in dispute for settlement to his/her Supervisor. If the
Supervisor’s decision is not satisfactory or is not given within
three (3) working days, Step 2 will be followed.
	 
	 	 	 	 
	

	Step 2.	 	 	Such grievance shall then be presented by the Chief Steward
within three (3) working days after the Supervisor’s unsatisfactory
decision or failure to give a decision, whichever is applicable, to
the Department Head. If the Department Head’s decision is not
satisfactory or is not given within three (3) working days, Step 3
will be followed.
	 
	 	 	 	 
	

	Step 3.	 	 	Such grievance shall then be presented by the Business
Representative of the Union within five (5) working days from receipt
of the Department Head’s unsatisfactory decision or failure to give a
decision, whichever is applicable, to the Human Resources Director
who shall give his/her answer not later than five (5) working days
after the presentation of the grievance to him/her.







     If the decision of the Human Resources Director is not satisfactory, such
grievance will be discussed by the Business Manager of the Union and the Human
Resources Director within five (5) working days after receipt by the Business
Manager of the unsatisfactory answer by the Human Resources Director. In the
event the Company and the Union are unable to settle any grievance under the
procedures outlined above, the grievance shall be further processed under
Section 3 - Arbitration - of this Article.



     A grievance must be filed no later than five (5) working days after the
occurrence of the event in which it is predicated, except in instances where
the employee, or his/her Steward or Chief Steward, could not reasonably have
been expected to be aware of the occurrence of the grievance. A failure to
file a grievance within the period specified shall be deemed a waiver of such
matter. In all cases of grievances relating to time not worked, the Company
shall be responsible only for the actual loss sustained by an employee. Any
settlement of any grievance between the Company and a Steward, Chief Steward,
or Business Representative in Steps 1, 2, and 3 above will not be final until
reviewed and approved by the Business Manager of the Union or his/her
designated representative. The Company may consider the matter closed unless
it has been otherwise notified by the Business Manager of the Union or his/her
delegated representative within ten (10) days after notice bas been given
him/her of the terms and conditions of the proposed grievance settlement.



 









 





     An employee may be discharged or disciplined for cause. However, in case
any employee, or the Union in his/her behalf, claims that he/she has been
unjustifiably discharged or disciplined, a written complaint shall be filed
within five (5) working days from the date of his/her discharge or discipline.
Such complaint or grievance shall start under Step 2 above. Prior to the
discharge or disciplining of an employee (except in cases of an employee under
the influence of alcohol, drugs, etc., or theft or sabotage), the Chief Steward
shall be notified and given the opportunity to discuss the discharge or
discipline. In case of discharge or discipline for being under the influence
of alcohol, drugs, etc., or for theft or sabotage, the Chief Steward shall be
notified Immediately after the discharge.



     Section 3. Arbitration: In the event that the grievance or complaint
cannot be adjusted in any of the foregoing steps, the matter may, at the
request of either party, be submitted for final and binding arbitration by an
impartial arbitrator who shall be chosen by mutual agreement of the Company and
the Union. In the event that the Company and the Union are unable to agree
upon an arbitrator, the parties will request the Federal- Mediation and
Conciliation Service to submit a panel of nine (9) qualified arbitrators. Both
the Company and the Union shall have the right to strike four (4) names from
the panel submitted to the parties. The remaining name on the panel shall then
become the impartial arbitrator. In the consideration of discipline or
discharge cases, the arbitrator shall have authority and jurisdiction to direct
the payment of back pay for lost time resulting from discharge. The
arbitrator’s decision shall be final and binding upon all parties. However, an
arbitrator shall have no power or authority to add to, alter, or modify the
terms of this Agreement or any supplementary agreement made between the parties
hereto. The expenses of arbitration (except those of the respective parties)
shall be borne equally between the Company and the Union.



     Section 4. No Strikes or Lockouts: There shall be no strikes, refusal to
work or slowdown by the Union during the life of this Agreement, and there
shall be no lockout on the part of the Company, unless either the Company or
the Union should refuse to participate in arbitration proceedings or abide by
the decision of an arbitrator, in accordance with Section 3 of this Article.
Should there be such refusal by either the Company or the Union, this Section,
at the option of the other party, shall be deemed inapplicable. There shall be
no liability on the part of the Union for unauthorized strikes, stoppages or
slowdowns, by any of the employees, but the Company shall have the right to
discipline or discharge any employee who initiates, instigates, or participates
in such unauthorized strikes, stoppages, or slowdowns. In consideration of
this Agreement, the Union agrees not to sue the Company, its officers or
representatives, and the Company agrees not to sue the Union, its officers,
agents, or members in connection with any labor relations matters in any court
of law or



 









 





equity. The parties agree that the sole procedure for settlement of any
disputes concerning labor relations matters between the Company and the Union
shall be the grievance and arbitration procedure hereof.



ARTICLE III




HOURS OF WORK AND OVERTIME




     Section 1. Regular Workweek: The regular workweek shall consist of forty
(40) hours on a schedule of eight (8) hours per day Monday through Friday.



     Section 2. No Staggering: The working day shall be continuous and
employees shall not be compelled to lay off work for any period of time during
the day and to resume work thereafter during the same day except in the case of
lunch period or rest period.



     Section 3. Changing Workweek: Any changes in the regular workweek shall be
by mutual agreement between the Company and the Union. The Company reserves
the right to change regularly scheduled starting and quitting hours under
emergency conditions, in which event the time worked before normal starting
time or after the normal quitting time will not be considered overtime work
payable at one and one-half (11⁄2) time the employee’s straight-time rate
unless more than eight (8) hours of work are performed in a day or unless an
employee is prevented from performing eight (8) hours of work for reasons of
the Company’s convenience rather than for circumstances beyond the control of
the Company.



     Section 4. Overtime: All work performed in excess of eight (8) hours in
any one (1) day, and all work performed on Saturday, and all work performed
prior to the employee’s regular hour for starting or after the employee’s
regular hour for quitting shall be considered overtime and shall be compensated
for on the basis of one and one-half (11⁄2) times the employees straight time
rate. All work performed on Sunday shall be compensated for at two (2) times
the employees straight time rate.



     Section 5. Shift Premiums: Work performed on the second (or afternoon)
shift shall be paid for at the rate of ten (10%) percent more than the rate
paid for similar work on the first (or day) shift. Work performed on the third
(or night) shift shall be paid for at the rate of fifteen (15%) percent more
than the rate paid for similar work on the first (or day) shift. In
ascertaining the vacation or holiday benefits to which an employee may be
entitled, the shift premium shall be included in the computations.



     Section 6. Preference of Shifts and Overtime: When a preference of shifts
is available on account of the occurrence of a vacancy, preference will be
given on the basis of seniority and preference in the assignment of overtime
should be based on the following formula:



 









 






	 	(a)	 	Overtime on a job shall be assigned to those regularly doing
that job in their respective departments pursuant to the principle of
“line intact”.
	 
	 	(b)	 	If additional help is required, employees with the greatest
seniority in their classification in the department concerned and
capable of doing the job in that department will be selected.
	 
	 	(c)	 	In the event no qualified employees wish the overtime
assignment, it shall be assigned to and worked by the junior
employee.
	 
	 	(d)	 	If necessary to go outside of that particular department, plant
wide seniority will prevail if capable of doing the job.
	 
	 	(e)	 	In the event an employee is requested by the Company to work
overtime, daily or Saturday, and he/she agrees to perform the
overtime work but: (1) fails to notify the Company of his/her
inability to report to work; or (ii) fails to give good cause
explaining his/her inability to report for work; or (iii) fails to
report for work, the employee shall not be permitted to work any
overtime in any department for a period not to exceed thirty (30)
days following the time the employee was requested to perform the
overtime work.





     Section 7. Lunch Period: There shall be an allowance of a lunch period
near the middle of a work shift of thirty (30) consecutive minutes.



     Section 8. Rest Periods: On each shift of the day there shall be a ten
(10) minute rest period for each four (4) hours worked without deduction in
pay.



     Section 9. Reporting Pay: Employees who report for work in person and have
not been previously notified not to report shall receive four (4) hours’ work
or the equivalent in pay, based upon their regular straight time hourly rate of
pay, except in case of an emergency beyond the control of the Company.



     Section 10. Call-Back Pay: An employee who has left the plant and is
called back to work shall work and receive no less than four (4) hours of
overtime pay at his/her regular straight time rate of pay, or the applicable
straight time rate of pay for the job performed, whichever is greater.



     Section 11. No Pyramiding: In no event shall overtime or premium pay
provided for in this Article be pyramided or duplicated. Only the applicable
provision yielding the largest amount of pay shall be applied and such payment
shall satisfy the requirements of all other applicable provisions. This
limitation, however, does not apply to shift premiums.



ARTICLE IV




SENIORITY




     Section 1. Basis of Seniority: Each employee will have seniority standing
in the plant equal to the employee’s total length of service with the Company
in the bargaining unit, dated from his/her first day of last continuous
employment therein except as provided in Sections 3, 11, and 12 of this
Article.



 









 





     Section 2. Effect of Seniority: Except as provided in Section 6 of Article
III and Section 7 of this Article, in all cases of increase or decrease of
forces, transfer, promotion, or demotion of employees and preference in the
selection of shifts, plant-wide seniority shall prevail, provided the employees
possess sufficient skill and ability to satisfactorily perform the work to be
done.



     Where new equipment or added responsibilities are added to existing job
classifications, the Company, in the event of a reduction in force, shall go
strictly by seniority, regardless of the lack of experience of the senior
employee. The Company shall train as needed to retain the senior employees.



     Section 3. Seniority Lists: The Company will furnish to the Union
immediately after the signing of this Agreement, a Seniority List and will post
copies of such list on the bulletin boards in the plant. The list is to be
revised at six (6) month intervals.



     The Company will also furnish to the Union monthly a list of additions to
and deletions from the Seniority List.




	 	(a)	 	Except as otherwise provided in this Agreement, the Seniority
List is to be used to determine an employee’s seniority as to
layoffs, recalls, promotions and demotions. An employee shall have
his/her seniority date computed from his/her original date of
employment in the bargaining unit, in determining the employee’s
seniority in cases of layoffs, recalls, promotions and demotions.
	 
	 	(b)	 	The Seniority List is to be used to determine which bracket in
the vacation schedule is applicable. Since an employee’s vacation is
based on his/her length of service with the Company, his/her original
hiring date or date of rehire will determine the length of his/her
vacation. The amount of vacation pay for any one (1) year may be
adjusted to comply with the minimum hours provision in this
Agreement, but such adjustment shall not affect a succeeding year or
years.
	 
	 	(c)	 	Employees having the same seniority (hired on the same date)
will, if necessary, be rated by the Company based on their attendance
and tardiness record. The employee with the least number of day
absences in the contract year would be rated as having the most
seniority. If no seniority can be determined by attendance, then the
employee with the least amount of tardiness in the contract year will
be rated as having the most seniority.





     Section 4. Temporary Layoffs: The parties recognize the necessity of
temporary layoffs caused by shortage of materials or other reasons. It is,
therefore, mutually agreed that such temporary layoffs may be made from time to
time without regard to plant-wide seniority programs embodied in the contract.
It is further agreed, however, that the number of hours each such employee may
be laid off on such temporary layoff shall be recorded and no individual
employee may be laid off on such temporary layoff without regard to seniority
in excess of eighty (80) hours in each contract year. When the individual
employee has been laid off eighty (80) hours, then the Company is obligated to
place him/her on another job in accordance with plant-wide seniority, provided
such employee possesses sufficient ability, skill and experience to
satisfactorily perform the work available.



 









 





     Section 5. Temporary Transfers: For periods of work not exceeding eighty
(80) hours the Company may transfer or assign employees temporarily, on a
voluntary basis, but subject to plant seniority in the class from which they
are being transferred, to work in job classifications in which they do not hold
a regular job assignment, but have sufficient skill and ability to
satisfactorily perform the work. Such employees shall be paid as follows:




	 	(a)	 	If temporarily assigned to a job in a higher labor grade, the
employee shall be paid, for the time involved, the next higher rate
above his/her regular job rate in the progression scale for the
higher grade.
	 
	 	(b)	 	If temporarily assigned to a job in a lower labor grade, the
employee shall be paid his/her regular job rate.





     Section 6. Option: Any employee who is subject to demotion or transfer
because of material shortage, curtailment of work or similar reasons, may have
the option of accepting such demotion or taking a layoff until there is
sufficient work in his/her regular classification. An employee who accepts
such demotion or transfer may exercise such option up to four (4) weeks after
the transfer or demotion, but he/she must give four (4) days’ notice to the
Company before he/she may exercise the option to take a voluntary layoff under
this provision.



     Section 7. Demotion:




	 	(a)	 	In the event of a reduction in force, or reduction in the work
force of a job classification, all probationary employees in the
classification shall first be removed from the classification or laid
off. If further reduction is required;
	 
	 	(b)	 	Employees below the maximum rate in their respective
classification shall be removed beginning with the lowest wage group
in such classification based upon their plant seniority.
	 
	 	(c)	 	Employees effected by a reduction in force of job
classifications five (5) or above first shall be offered a position
which they bad previously held provided that they have sufficient
seniority to displace an existing employee in the particular job
classification and they have not previously “signed off” during the
life of this agreement on that job classification. If an employee
does not have the seniority to be transferred to a previously held
job classification in a higher classification, the employee shall be
offered a previously held job classification in a lower
classification. If the employee does not have sufficient seniority
for any previously held job classification, the employee shall be
given an option to be transferred to a position in classification
four (4) or below, provided that the employee has sufficient
seniority to displace an individual currently working in the
particular job classification. Employees not having sufficient
seniority for a previously held job classification or any position in
job classification four (4) or below shall be laid off in accordance
with contractual requirements.
	 
	 	(d)	 	Employees working in job classification four (4) or below
during a reduction in force in those classifications shall first be
offered a previously held position if they have sufficient seniority
to displace an individual from the particular job classification.
Otherwise, the employee shall be transferred to another job
classification within classifications four (4) or below for which the
employee has sufficient seniority to displace an employee of lesser
plant seniority. If the employee does not have seniority to displace
any individual in job classification four (4) or below, the employee
shall be laid off in accordance with contractual requirements.
	 
	 	(e)	 	All employees transferred during a reduction in force to
another job classification which they have not previously performed
shall be subject to a three (3) day qualifying period. During this
time, the




 









 






	 	 	 	employee may elect to relinquish the position for any reason and/or
“sign-off” the job classification. An employee who voluntarily
elects to relinquish a position by signing off the job
classification shall be laid off. During this three (3) day
qualifying period the Company reserves the right to determine in its
sole discretion whether an employee can adequately perform a
particular job within the three (3) day qualifying period and the
Company may then decide to lay off the employee. An employee who
signed off voluntarily shall not be permitted to transfer to that
job classification in the event of a future reduction in force for
the life of this Agreement. An employee laid-off by the Company for
being unable to adequately perform the job classification shall not
be permitted to transfer to that job classification in the event of
a future reduction in force until the employee provides that he/she
possesses sufficient skill and ability to satisfactorily perform the
work to be done.
	 
	 	(f)	 	All recalls during an increase in the work force shall be made
in reverse order of seniority and pursuant to the applicable
subsections of Article IV, Section 7 and 8. If there are vacancies in
job classifications which they have previously performed, unless they
have sufficient seniority to return to the classification from which
they were originally removed as the need for additional employees in
such job classifications presents itself, they will be given an
opportunity to fill such vacancies. An employee with seniority may
be recalled to Code 4 or lower even though he/she has not previously
performed the work in such classification.





     Section 8. Rights on Recall: Any employee being recalled after a layoff
shall be assured at least two (2) straight weeks of employment at the regular
workweek schedule. In the event the Company has recalled an employee with such
assurance, and then because of conditions over which the Company has no control
(such as, but not limited to, power failure inability to acquire machinery and
equipment to replace worn out machinery and equipment, bona fide material
shortages over which the Company has no control), the Company is unable to
furnish such two (2) weeks of employment, the Company shall not be bound by
this provision. In the event the Company does not assure such two (2) weeks of
employment at the normal scheduled number of hours per week, the employee may
elect to not return until such time as the Company does assure two (2) such
consecutive weeks of employment at the normal scheduled number of hours per
week without loss of seniority status. In the event the employee does elect
not to return, that employee shall notify the Company by telegraphic message or
registered mail or in person to that effect so that the Company may keep an
accurate record of the employees who still wish to retain seniority status. In
the event the employee fails to notify the Company of his/her election not to
return as herein provided, and fails to report as specified under Section 13(h)
of this Article IV, the employee shall be regarded as having resigned.



     Section 9. Skill and Ability: Every employee who has completed his/her
trial period shall, for the purpose of this Article, be deemed to have
sufficient skill and ability to perform any common labor or common assembly job
- Code 4 and below.



     Section 10. Vacancies: In the event that a permanent job vacancy develops
in a classification covered by this Agreement, other than common labor or
assembly, a notice of such vacancy shall be bulletined for a period of two (2)
working days.



 









 





     The bulletin shall contain the job title, the maximum rate to be paid for
the job, and a brief description of the job to be performed. Should additional
personnel be required for a job within thirty (30) days of the time the job was
last posted, the Company shall not be required to bulletin again such job until
expiration of the thirty (30) day period. It is understood that within such
thirty (30) day period the Company may take such steps as are necessary to fill
such open jobs, provided no qualified employees have bid or are available.
However, if an employee is not currently working on the days the open job is
posted, but returns to work within the thirty (30) day period referred to
above, he/she may apply for such posted job and will be considered for such
posted job vacancies still remaining open. Employees with seniority who desire
promotions to posted higher rated classifications shall, during the period that
such vacancy is bulletined, file a form provided by their Supervisor for this
purpose. If applicants with qualifications sufficient to perform the work
satisfactorily have made application for the bulletined job, the qualified
applicant with the greatest plant seniority shall be selected. It is intended
that whenever possible promotions shall be made within the ranks and according
to seniority. The Company may fill a posted vacancy until it has been
determined by the Company that there are applicants who possess the
qualifications required. The Company may offer a posted vacancy to a new
employee who did not apply, or may hire a new employee for such vacancy in the
event the applicants for the posted vacancy do not possess sufficient
qualifications to satisfactorily perform the job.



     It is understood that employees who have bid upon, have been accepted, and
are working on the posted job will not be eligible to bid on an additional
posted job for a period of three (3) months following the time the job for
which they were accepted was posted.



     The successful bidder for a posted job opening shall have the option to
return to his/her former job within a period of two (2) weeks following the
first day worked in the posted job opening. The Company shall have the option,
within the same two (2) week period to return such successful employee to
his/her former job in the event such employee cannot satisfactorily perform the
work required to be done. The successful bidder for a posted job opening shall
receive retroactive pay from the first day worked in the posted job opening who
successfully completes the two (2) week trial period.



     Section 11. On-the-Job Training: Employees who bid on posted jobs, but do
not possess sufficient qualifications to be selected, may be considered for
training under the following procedures:




	 	(a)	 	The number to be considered for training will be in relation to
the number needed to fill the posting at the time of posting.




 









 






	 	(b)	 	Selection for training will be on the basis of related
education, prior employment experience, current employment experience
as related to the training to be given. Qualifications being
comparable, seniority will govern.
	 
	 	(c)	 	Evaluation of qualifications for training, as well as the
progress of the trainee, will be determined by the Company.
	 
	 	(d)	 	A trainee who is unable to progress satisfactorily will be
returned to his/her prior classification without loss of seniority.




 









 











     Section 12. Leaves of Absence:




	 	(a)	 	The Company may grant leaves of absence without pay to all
regular employees of the Company for good cause, taking into
consideration not only the personal problems of the employee but also
the Company’s operational needs for production. Such leaves for good
cause other than for medical reasons shall not exceed ninety (90)
days except for Union activity, which may be indefinite. Leaves of
absence for illness will be granted for such periods as have been
recommended by competent medical authority but not to exceed one (1)
year. In the event an employee is hospitalized in excess of seven
(7) days, an automatic leave of absence shall be granted up to thirty
(30)days, provided that the Human Resources Director of the Company
is notified of the hospitalization within three (3) working days from
the last day worked. Any other request for leave of absence for
illness must be made by an employee on forms provided by the Company
and must be accompanied by a report from the employee’s doctor
recommending the time required for leave of absence.
	 
	 	(b)	 	Because pregnancy by itself is not a disabling condition for
any fixed period of time, the Company agrees to grant maternity
leaves of absence based upon the medical opinion of the employee’s
physician. The leave of absence shall begin when it is determined by
the employee’s physician that the employee is no longer able to
perform those duties characteristic of her position. The leave shall
continue until, and only until, the employee, on the basis of her
physician’s opinion, is able to return to work, not to exceed one (1)
year.
	 
	 	(c)	 	Employees on a bona fide leave of absence, when returning to
work, shall return to their former classification if such work is
being performed. Application forms of all leaves of absence must be
completed and be submitted to the Company within five (5) working
days from their last day worked or their date of recall, and such
application for leaves shall be required for any period of seven (7)
or more consecutive calendar days in which the employee is out of the
service of the Company.
	 
	 	d)	 	Employees granted a leave of absence will not be asked or
required to use their remaining vacation days left before granting
said leave.





     Section 13. Loss of Seniority: An employee shall lose his/her seniority
when any of the following occur:




	 	(a)	 	Discharge for cause.
	 
	 	(b)	 	Quitting.
	 
	 	(c)	 	Absence from work for three (3) working days without notifying
the Human Resources Department of the Company.
	 
	 	(d)	 	Failure to apply for a leave of absence as required.
	 
	 	(e)	 	Exceeding leave of absence without notification to the Human
Resources Department presenting good cause.
	 
	 	(f)	 	Working for another employer for wages while on leave of
absence (this does not apply to leaves of absence for Union activity
or layoffs).
	 
	 	(g)	 	Layoff or sick leave for a continuous period in excess of one
(1) year for purposes of seniority only.
	 
	 	(h)	 	Failure to report for work on recall or to notify the Human
Resources Department of intention to report within three (3)
regularly scheduled working days following the date notification is
sent by mailgram or certified letter to the employee’s last known
address registered with the Human Resources Department.





     Section 14. Promotion to Exempt Positions: Any employee covered by this
Agreement who is transferred to a supervisory position outside of the
bargaining unit, shall retain his/her seniority as of the date of transfer.
Any employee



 









 





who is, or has been, employed in a supervisory position outside of the
bargaining unit, shall not accumulate seniority in the bargaining unit while so
employed.



ARTICLE V




VACATIONS AND HOLIDAYS




     Section 1. Eligibility and Amount of Vacation: The Company will grant
vacation with pay to each employee in accordance with the following schedule:




	 	(a)	 	All employees who on June 1st have been employed by the Company
(in or out of the bargaining unit) six (6) months or more but less
than twelve (12) months, shall be granted one-half (1/2) week’s
vacation with pay;
	 
	 	(b)	 	All employees who on June 1st have been employed by the Company
(in or out of the bargaining unit) for a period of twelve (12) or
more months, but less than two (2) years, shall be granted one (1)
week’s vacation with pay;
	 
	 	(c)	 	All employees who on June 1st have been employed by the Company
(in or out of the bargaining unit) for two (2) years or more, but
less than ten (10) years, shall be granted two (2) weeks’ vacation
with pay;
	 
	 	(d)	 	All employees who on June 1st have been employed by the Company
(in or out of the bargaining unit) ten (10) years or more, but less
than fifteen (15) years, shall be granted three (3) weeks’ vacation
with pay;
	 
	 	(e)	 	All employees who on June 1st have been employed by the
Company, (in or out of the bargaining unit), fifteen (15) years, but
less than twenty-five (25) years, shall be granted four (4) weeks
vacation with pay;
	 
	 	(f)	 	All employees who on June 1st have been employed by the Company
(in or out of the bargaining unit) twenty-five (25) years or more,
shall be granted five (5) week’s vacation with pay;
	 
	 	(g)	 	Additional vacation with pay shall be granted to those
employees who as of December 31, have accrued seniority which would
entitle them to additional vacation benefits over those to which they
were entitled on the preceding June 1. The same limitations and
requirements as prescribed for in Article V shall- also apply and the
date, June 1, shall be replaced by the date December 31, where
appropriate.





     Section 2. Minimum Hours:




	 	(a)	 	Employees with seniority (in or out of the bargaining unit).
One (1) year or more. To qualify for full vacation benefits, the
employee, as of June 1st with seniority, must have worked, or have
been available for work eighty (80%) percent of the work year prior
to June 1st. Time off due to occupational injury, jury duty or
layoff shall be considered as time available for work. No vacation
benefits shall be paid to




 









 






	 	 	 	an employee who has worked less than thirty (30%) percent of the
work year prior to June 1st. An employee who has worked more than
thirty (30%) percent of the work year, but has worked or been
available for work less than eighty (80%) percent of the work year
prior to June 1st, will be granted a vacation which will be equal to
his/her vacation bracket multiplied by the percentage of time worked
and time available for work.
	 
	 	 	 	     If an employee is on layoff, in military service, or bona fide
leave of absence as of June 1st, he/she shall be paid at vacation
time, the same portion of his/her vacation as the time actually
worked bears to the work year, When he/she is recalled he/she must
return within three (3) working days and work at least two (2)
weeks. If he/she does so, he/she shall then receive the unpaid
balance of his/her vacation benefit to which he/she is entitled.
	 
	 	(b)	 	Employees with seniority (in or out of the bargaining unit) of
at least six (6) months, but less than one (1) year. To qualify for
full vacation benefits the employee, as of June 1st with seniority,
must have worked (availability for work does not apply) eighty (80%)
percent of the time from date of employment to June 1st. An employee
who has worked more than thirty (30%) percent but less than eighty
(80%) percent of the time from date of employment to June 1st, will
be granted a vacation equal to twenty (20) hours multiplied by the
percentage of time actually worked. No vacation benefits will be
paid to an employee who has worked less than thirty (30%) percent of
the time from date of employment to June 1st.





     Section 3. Computation of Vacation Pay: In computing vacation benefits,
one (1) week’s vacation with pay shall be equivalent to five (5) working days,
and eight (8) hours’ pay shall be equivalent to one (1) working day. If the
employee is paid at a flat hourly rate, the vacation pay shall be at the
highest rate earned for at least thirty (30) consecutive days during the year
prior to June 1st, including shift premiums, if any.



     Section 4. Scheduling of Vacations: Prior to May 1st of each calendar
year, departmental heads will consult with all employees entitled to vacations
and from such consultations the Company shall establish a working schedule
agreeable to the Union for the vacation period. In determining vacation
schedules, the Company will respect the seniority and wishes of the employee to
the extent that its needs will permit. (a) The vacation season for those
employees eligible for more than two (2) weeks vacation with pay, shall be
during the twelve (12) month period beginning on January 1st. (b) The vacation
season, for those employees hired between June 2 and prior to December 31,
eligible for additional vacation with pay, shall be taken between their hire
date and December 31. The Company may elect to close the plant for a specified
vacation period.



     Section 5. Date Due: Vacation pay which bas been earned, in accordance
with this Article, shall be paid to the employee on the payday immediately
preceding the start of each employee’s vacation.



     Section 6. Consecutive Days, Etc.: All vacations of two (2) weeks or less
shall be taken on consecutive days unless the Company and the employee agree on
a different division of the vacation time. If an employee is eligible for a
vacation in excess of two (2) weeks, or additional vacation, his/her vacation
schedule for such an additional vacation, if any, shall be determined pursuant
to Section 4 of this Article. Vacations shall not be changed without thirty
(30) days



 









 





notice, or the consent of the employee involved. If any employee
voluntarily responds to a Company request to return from his/her vacation prior
to its expiration date, he/she shall be reimbursed for all out-of-pocket
expense in connection with such recall and allotted an additional vacation
period for the untaken vacation time.



     Section 7. Retiree Pro-rata Vacation Pay: Any employee who retires prior
to June 1st of any calendar year at the retirement age prescribed by the Social
Security laws of the United States and who has given to the Company a two (2)
month notice in writing in advance of his/her intention to do so shall be paid
the pro-rata vacation pay earned by such employee, the amount of which is to be
determined by provisions of Section 1, 2, and 3 of Article V.



     Section 8. Holidays and Holiday Pay: Employees who qualify hereunder shall
be paid for eight (8) hours straight-time pay for each of the following
holidays or the dates on which they are observed, though no work shall be
performed on such days:



	 	 	 
	 

	 	New Years’ Day
	

	 	Dr. Martin Luther King’s Birthday
	

	 	Washington’s Birthday
	

	 	Good Friday
	

	 	Memorial Day
	

	 	Fourth of July
	

	 	Labor Day
	

	 	Thanksgiving Day
	

	 	Friday after Thanksgiving Day
	

	 	Christmas Eve Day
	

	 	Christmas Day
	

	 	One Floating Holiday – see Section 9 below







     Employees who work on said holidays shall be paid, in addition to eight
(8) hours holiday pay, double time for all time worked. An employee shall be
eligible for holiday pay who shall have been employed for a period of sixty
(60) calendar days before such holiday and has met one of the following
additional conditions:




	 	(a)	 	Worked the regularly scheduled workday preceding and the
regularly scheduled workday succeeding the holiday, unless an absence
for one of such days shall be excused for good cause, substantiated
by the employee, or
	 
	 	(b)	 	Been at work in the two (2) weeks preceding said holiday and
laid off during such preceding two (2) weeks, or
	 
	 	(c)	 	Is on a bona fide leave of absence starting within the two (2)
weeks immediately preceding such holiday, or on the workday
immediately following such holiday, or
	 
	 	(d)	 	If no work is scheduled between two (2) holidays, to be
eligible for pay for both holidays, an employee must work his/her
preceding scheduled workday and his/her scheduled workday succeeding
such holidays. To be eligible for pay for one (1) of the holidays,
an employee must work either his/her scheduled workday preceding the
first holiday or his/her scheduled workday succeeding the second
holiday.
	 
	 	(e)	 	An employee who fails to work any portion of the last hour on
the regularly scheduled workday preceding and the regularly scheduled
workday succeeding a holiday or holidays, shall not lose holiday pay
for such holidays if excused by the Company for good cause.




 









 











     Section 9. Floating Holiday: Subject to the eligibility requirements for
holiday pay, the recognized holidays hereunder shall include one (1) additional
holiday, designated as a “floating holiday”. The Company shall select the day
on which such holiday will be observed and shall give not less than two (2)
weeks notice prior to the date on which such floating holiday will be
celebrated.



ARTICLE VI




WAGES




     Section 1. Rates: Effective June 30, 2003 each employee shall receive a
one and one-half percent (11⁄2%) increase in his/her straight time hourly
rate of pay. Effective June 28, 2004 each employee shall receive an additional
two percent (2%) increase in his/her straight time hourly rate of pay.
Effective July 4, 2005 each employee shall receive an additional three percent
(3%) increase in his/her straight time hourly rate of pay. These rates already
include any increases that might have occurred by right of Section 2., Cost of
Living of this Article VI.



     The wage rate, to be paid under the terms of this Agreement to employees
in each occupational classification, are those appearing in Appendix “A” which
reflect said wage increase and is attached hereto and made a part hereof. Such
rates are minimum rates of pay only. The Company may not pay less than those
rates, but nothing in this Agreement shall prevent the payment of rates higher
than those listed in said schedule.



     Section 2. Cost of Living: If for the month of May 2001, the Revised
Consumer Price Index for Urban Wage Earners and Clerical Workers, all items for
Chicago published by the Bureau of Labor Statistics of the U.S. Department of
Labor (or any successor agency thereto) (1967 = 100) has increased by more than
four (4) points above said Index for the month of May 2000, then one (1¢) cent
shall be added to the hourly wage rates as set forth in Appendix “A” hereof and
which are in effect from July 1, 2001 until July 1, 2002 for each full
four-tenths (.4) of a point which said Index has risen above said four (4)
points up to a maximum of fifteen (15¢) cents.



     If for the month of May 2002 said Index has increased by more than four
(4) points above said Index for the month of May 2001, then one (1¢) cent shall
be added to the hourly wage rates as set forth in Appendix “A” hereof and which
are in effect from July 1, 2002 until July 1, 2003 for each full four-tenths
(.4) of a point which said Index has risen above said four (4) points up to a
maximum of fifteen (15¢) cents.



     Section 3. New Classifications: Prior to establishing a new
classification, the Union shall be advised of the Company’s intention and the
rate which the Company wishes to apply. After thirty (30) days of operation
but before sixty (60) days, either party may request negotiations on the rate
for the new classification. The rate resulting from these



 









 





negotiations shall become the permanent rate. In the event no request is
made to negotiate a change in the rate as to the new classification, it is
understood that the established rate shall be the effective rate.



     Section 4. Upgrading:. An employee being upgraded, who has not previously
worked in the classification to which he/she is upgraded, shall be placed in
the next higher rate in the progression plan of the new classification above
the rate being paid to such employee prior to the upgrading. If the employee
has previously worked in the classification to which he/she is upgraded, he/she
shall receive the rate to which the amount of his/her previous experience
entitles him/her. Such changes in the rate shall be paid retroactive from the
first day worked following such transfer who successfully completes the two (2)
week trial period. To be eligible for a rate change, an employee must have
worked at least four hundred (400) hours and a period of at least thirteen (13)
weeks shall have elapsed since his/her first employment or his/her last
classification change.



     Section 5. New Experienced Employees: New employees who have worked during
the last eighteen (18) months in the type of work available and whose previous
experience can be verified shall be placed on two (2) weeks trial period at the
starting rate of pay in their respective classifications and at the expiration
of such trial period, if retained in the employ of the Company, shall be given
credit in the automatic progression plan, as outlined in Appendix “A” hereof
for their proved experience in similar work.



     Section 6. Payday: Wages shall be paid on Friday of each week and shall
include all work performed up until twelve (12) midnight of the previous
Sunday.



     Section 7. Piece Work: If the Company utilizes a piece work incentive or
bonus plan, the operations of such a plan shall be covered by the provisions of
Appendix “C” hereof.



     Section 8. Pension Plan: During the term of this Agreement, the Company
shall maintain for each of the employees covered by this Agreement a Pension
Benefits Plan. The Company and the Union have agreed to a pension benefits
plan named the National Integrated Group Pension Plan.



     The employee pension plan is funded solely by the Company and the
contribution rate is based on cents per hour paid as follows:



     Effective July 1, 2002 – forty cents (40¢) per hour will be contributed
for each employee based upon hours paid of this Agreement.



     Effective June 28, 2004 - an additional five cents (5¢) per hour will be
contributed for a new total of forty-five cents (45¢) based upon all hours paid
during the second year of this Agreement.



 









 





     Effective July 4, 2005 - an additional five cents (5¢) per hour will be
contributed for a new total of fifty cents (50¢) based upon all hours paid
during the third year of this Agreement.



ARTICLE VII




INSURANCE




     During the term of this Agreement, the Company will maintain for the
employees covered by this Agreement, an insurance policy with a responsible
insurance company with coverage’s and provisions set forth in Appendix “B” of
this Agreement. The premium per week per employee, one (1) dependent and
family coverage is guaranteed for the first year of this contract. Effective
August 4, 2003:



 









 





	 	 	 	 	 	 	 
	HMO Plan:

	 	Employee
	 	-
	 	$10.00 per week
	

	 	Employee + 1 Dependent
	 	-
	 	$20.00 per week
	

	 	Family
	 	-
	 	$30.00 per week
	PPO Plan:

	 	Employee
	 	-
	 	$27.43 per week
	

	 	Employee + 1 Dependent
	 	-
	 	$66.58 per week
	

	 	Family
	 	-
	 	$95.45 per week







     For the second and third years of the contract, any premium increase over
five percent (5%) will be shared on a 50/50 basis.



     This article applies only to employees with sixty (60) days or more of
seniority but does not apply to part-time employees.



ARTICLE VIII




GENERAL PROVISIONS




     Section 1. Saving Clause: All benefits affecting the employees covered by
this Agreement presently in effect and which are not definitely referred to or
changed herein, shall remain in effect during the life of this contract.



     Section 2. Bulletin Board: A bulletin board will be provided by the
Company for the Union’s use. The Union shall have the privilege of posting
notices concerning its official business and social activities upon such
bulletin board. Where the size of the plant requires it, more than one (1)
bulletin board will be furnished by the Company.



     Section 3. Election Day: In conformity with the laws of the State of
Illinois, employees who are legitimate registered voters will be given time off
not to exceed two (2) hours for voting at general elections. At the time of an
election in which a President of the United States will be selected, employees
will be given paid time off not to exceed two (2) hours.



     Section 4. Supervisors: Departmental production supervisors shall not
engage in production work, except such production work may be undertaken when
instructing new employees, breaking in a new job, correcting faults of
production procedures and dealing with emergencies.



     Section 5. Right of Access: Authorized Union officers or representatives
shall have access to the factory during business hours upon reasonable
notification to the Company for investigation and adjustment of matters covered
by or arising under this Agreement.



     Section 6. Conflict with State and Federal Law: Should any provision of
this Agreement be declared illegal by any court of competent jurisdiction such
provision shall immediately become null and void leaving the remainder of the



 









 





Agreement in full force and effect and the parties shall thereupon seek to
negotiate substitute provisions which are in conformity with the applicable
law.



     Section 7. Female Employees: There shall be equal pay for equal work
performed regardless of the sex of the employee. There shall be no
discrimination in wages, hours, or other terms or conditions of employment, or
in training or upgrading, on account of the sex or marital status of the
employee.



     Section 8. Paid Leave of Absence: In instances of the death of a member of
the immediate family of a regular employee, the Company will, where required,
grant a paid leave of up to three (3) regular working days to enable such
employee to attend the funeral and otherwise assist in arrangements pertaining
to the burial of such member of the family. An employee who travels a long
distance to attend a funeral or services shall be authorized one (1) additional
day following the funeral or services, but not to exceed three (3) days pay.
Each day’s pay shall consist of the employee’s regular rate of eight (8) hours.
The term “immediate family”, as used herein, is defined as consisting of the
following members only: Mother, Father, Husband, Wife, Children, Brother,
Sister, Mother-in-law, Father-in-law, Grandparents, Grandparents-in-law and
Grandchildren. Where a death occurs to any such member of the employee’s
family, he/she shall make application to the Human Resources Director for such
paid leave. Such paid leave will not be granted in instances when the
employee, otherwise eligible, does not attend the funeral. The employee absent
on a paid leave shall not be eligible for, or notified of, any overtime which
is scheduled during the period of such employee’s leave.



     This provision is not applicable if you are on a formal leave of absence,
on a company designated holiday or during periods of vacation.



     Section 9. Jury Service: An employee who shall have been employed sixty
(60) calendar days immediately prior to reporting for jury duty and who
performs jury service shall be paid an amount for each day of the regular
workweek that such employee performs jury service as shall equal eight (8)
hours of straight-time pay at the employee’s regular hourly rate less the jury
fee legally payable to such employee for that day of jury service. An employee
shall have performed jury service on any day that such employee reports to
Court for jury service pursuant to an Order of Court. The payments as provided
herein shall be for the entire period of service on a jury pursuant to an Order
of Court. To be entitled to receive such jury service pay differential, such
employee shall furnish the Human Resources Director of the Company a voucher
from the Court wherein such jury service is performed setting forth the number
of days of jury service and the jury fees paid to such employee for jury
service.



 









 





     In the event an employee performs jury service on a day for which such
employee receives a vacation and/or holiday pay, such employee shall not be
paid jury service pay differential for that day. An employee who is on leave
of absence, layoff, paid death leave, or who is accruing Workers’ Compensation
benefits shall not be paid jury service pay differential while on such status.
An employee performing jury service shall return to work on his/her first
regular workday after being excused from such jury service.



     Section 10. Safety and Health Provisions: The Company shall make
reasonable provisions for the safety and health of employees during working
hours and shall provide all reasonable protective devices and other equipment
to protect them from injury.



 









 





     Section 11. Union Employee Educational Assistance Program:




	 	(A)	 	Education Eligibility Requirements:






	 	1.	 	Educational courses must be related to the
classification of work being or to be performed by the
employee.
	 
	 	2.	 	Such courses and institutions must be approved by
the Company prior to enrollment.
	 
	 	3.	 	Courses are to be taken during non-scheduled
working hours.






	 	(B)	 	Amount of Reimbursement:






	 	1.	 	For employees who complete specialized courses, the
Company will pay up to 100% of the tuition charges per semester
at the satisfactory (grade “C” or better) completion of the
course material in an approved school.
	 
	 	2.	 	When education expenses are partially paid by
assistant-ships, scholarships, fellowships, or G.I. Bill
Benefits, tuition reimbursements is based on the net amount
actually paid by the employee, excluding amounts paid through
assistantship, scholarships, fellowships, or G.I. Bill
Benefits.






	 	(C)	 	Method of Reimbursement:






	 	1.	 	To be eligible for tuition refund, the employee
must, prior to the time of enrollment, fill out an application
form per semester, for course(s) contemplated.
	 
	 	2.	 	Obtain the approval of the employee’s supervisor
who in turn will get the Company approval through Human
Resources.
	 
	 	3.	 	Upon completion of course(s), submit to the
employees supervisor a written statement from the school
stating that the course(s) have been satisfactorily completed.
This is usually a copy of the grade statement.
	 
	 	4.	 	A tuition receipt.
	 
	 	 	 	
The supervisor will forward this information to the Human
Resources Director and within two (2) weeks the employee will
receive a check containing the proper tuition refund as well
as his/her tuition receipt and grade statement.
	 
	 	5.	 	If for any reason employment is terminated before
completion of the program, then the Company’s obligation
ceases.





     Section 12. Call-in Sick / Personal Day: Each regular employee of the
Company shall be eligible for a call-in sick/personal day of one (1) each
contract year. Such day is not cumulative from year to year but the Company
will pay the employee by July 1 of each contract year for the day not taken.
One (1) such day shall equal eight (8) hours pay at the employee’s regular
hourly rate of pay.



     Section 13. Inventory Shutdown Scheduling: The Company will schedule
inventory by departmental seniority, and shall, in the event that additional
employees are required in the stock room area, first ask former stock room area
employees to work.



 









 





     Section 14. Severance Plan: The Company will agree to negotiate a
severance plan if the plant operations were to move beyond a radius of more
than twenty (20) miles from the McCook plant.



     Section 15. 401K Savings Plan: The Company agrees to start up and
administer a 401K Savings Plan if thirty percent (30%) or more participation is
achieved.



Signed this 21st day of November, 2003.




	 	 	 	 	 	 	 
	

	 	 	 	Local 1031,
	

	 	 	 	International Brotherhood of
	Wells-Gardner Electronics Corporation
	 	Electrical Workers, AFL-CIO
	

	 	 	 	 	 	 
	BY:

	 	/s/ ANTHONY SPIER
	 	BY:
	 	/s/ JOSE A. CAEZ
	

	 	

	 	 	 	

	President
	 	Business Manager/Financial Secretary