Exhibit 10.16


 


Agreement


 


STEINWAY & SONS


 


WITH


 


LOCAL 102, F.W.


 


I.U.E., A.F.L., C.I.O.


 


 


OCTOBER 1, 2003


 

















 


  AGREEMENT
made as of October 1, 2003 between Steinway, Inc. d.b.a. Steinway &
Sons,  (the “Company”) and Local 102,
F.W., AFL-CIO, (the “Union” .)


 


WITNESSETH:


 


  WHEREAS, it is
the intent and desire of both the Company and the Union to cooperate with each
other in the administration of the provisions of this Agreement in order to
achieve more stable and desirable conditions of employment for the employees
covered hereby and more harmonious and profitable operations for the Company;


 


  NOW, THEREFORE,
in consideration of these premises, the parties hereto do hereby covenant,
promise and agree as follows:


 


ARTICLE
1.


EMPLOYEES
COVERED BY THIS


AGREEMENT


 


  The term
“Employees” whenever used herein shall apply to all present and future
employees of the Company employed in New York City, except the following who
are expressly excluded: executives, supervisory employees (including all
foremen, and assistant foremen), clerical, administrative and Retail Sales
Department personnel, Moving Department and building service personnel. This
Agreement covers all Employees.


 


ARTICLE
2.


UNION
SECURITY


 


A. Present Employees who are
members of the Union shall remain members in good standing for the duration
of  this Agreement as a condition of
employment.


 


B. Present Employees who are
not members of the Union and new Employees shall become members of the  Union thirty (30) days after the date of
hiring, and remain members in good standing for the duration of this Agreement
as a condition of employment.


 


C. Subject to any applicable
State or Federal law, the Company agrees that upon the written request of the
Union, it will not continue in its employ any Employee who is not a member of
the Union in good standing.


 


D. An Employee shall be
deemed in good standing hereunder as long as such Employee pays his or her
initiation fee and monthly Union dues as they come due.


 


E. The Company shall have the
right to obtain new Employees from any possible source whatever, except,
however, the Company shall notify the union of any vacancy or vacancies and
give to the Union an opportunity to send its members to become applicants for
such vacancies.   The Company agrees
that it Will not discriminate against any applicant sent by the Union.


 


F. The Union agrees to accept
all new Employees as members without limitations, provided such Employees
remain in good standing.


 


ARTICLE
3.


CHECK-OFF


 


  The Company agrees to deduct the current monthly dues of each
Employee who is a member of the Union on the first day of each month and to
remit monies so deducted to the Financial Secretary of the Union not later than
the 1st day of the current month, provided, however, that the Company has
received from each such Employee a written assignment of such funds to the
Union, which shall not be irrevocable beyond the termination date of this
Agreement or one (1) year, whichever is earlier. No dues or other monies shall
be collected by the Union on the premises of the Company.


 


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ARTICLE
4.


STRIKES
AND LOCKOUTS


 


A. The Union, its officers,
agents, members and any organization to which the Union may be affiliated,
shall not be liable for damages to the Company for Unauthorized Stoppages (as
hereafter defined) by any Employees , but any Employee committing any unlawful
act, other than a breach of contract by Unauthorized Stoppage, shall be liable
to the Company for any damages it thereby suffers. In the event of any
Unauthorized Stoppage, the Executive Board of the Union shall forthwith
disaffirm such actions in a writing mailed to the Company. The word
“Unauthorized” whenever used herein shall mean any Stoppage not pursuant to or
in accordance with the written decision or ratification of said Executive
Board. The word “Stoppage’’ whenever used herein shall include any stoppage,
strike, quit, walkout, picketing, slowdown or any concerted activity in
violation of this Agreement.


 


B. The Union shall not
authorize or engage in, nor shall Employees engage in, any Stoppage, and the
Company shall not lock out said Employees.


 


C. In the event of any
Stoppage, the Company shall, subject to the limitations of paragraph A above,
have and reserve the right to prosecute and take any suit, action or proceeding
and assert any and all claims or remedies, legal, equitable or otherwise,
including but not limited to damage suits, injunctions, discharges, loss of
seniority and other rights, and other disciplinary action, that may be afforded
to it. In the event that the Union complies with this Agreement, no such suit,
action or proceeding shall be maintained against the Union.


 


D. During any period in which
any Employees are engaged in any Stoppage, the Company will not be required to
bargain with the Union with respect to such Employees.


 


E. In the event of any
Stoppage or in the event of any threat thereof, the Union will in its
discretion, or upon written request by the Company mail to the Employees
involved in such action a notification that such action is Unauthorized and a
direction that such Employees either promptly return to or remain at their
respective jobs and that they cease any action which may adversely affect
production. A copy of such notification shall be mailed to the Company when
notification is mailed to the Employees. Upon written notice to the Union by
the Company, if the Union’s notification has not brought about a termination of
such action, the Union will take such further steps as the Union, in its discretion,
deems reasonable and appropriate to bring about compliance with such notice.


 


ARTICLE
5.


SAFETY
AND HEALTH


 


  The Company
agrees to abide by all Federal, State and Municipal rules and regulations for
the safety and health of its Employees.


 


ARTICLE
6.


SHOP
RULE CHANGE


 


  The Company may
change its present factory Rules and Regulations (a copy of which is annexed
hereto as Appendix I) from time to time. Except in cases of emergency, the
Company  shall
provide forty-eight (48) hours notice to the Union, and shall consult with the
Union before implementing any such changes.


 


ARTICLE
7.


TRIAL
PERIOD


 


  “Trial Periods”
shall be (i) one month for porters, (ii) six months in the Coating, Fraizing
and Veneer Departments, (iii) twelve months in the Top-Making, Case-Making,
Action Regulating, Upright Finishing, Damper-Making, Action-Tone Regulating,
Belly-men, Fly Finishing, Tuning, Action-Making and Key Making Departments and
(iv) three months in and for all other departments.


 


ARTICLE
8.


DISCHARGE
OF EMPLOYEES


 


A. During a Trial Period, the
Company shall have the absolute right to discharge any new Employee, or
re-transfer any old Employee, with or without cause, after notifying the shop
chairman or, in his absence, the Union.


 


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B. After the Trial Period,
the Company shall, upon adequate prior notice to the Union, have the right to
discharge any Employee only for cause, which shall include being under the
influence of or in possession of an open container of alcoholic beverage or the
influence of or illegally in possession of drugs while within Company
facilities, dishonesty, insubordination, repeated refusal to obey orders,
smoking in the plants or failure otherwise to comply with Company Rules and
Regulations, as amended from time to time. The Company shall have the right to
discharge any Employee for incompetence and any Employee for uneconomic
productivity.


 


C. All Employees discharged
shall be given final pay on their last day of work.


 


ARTICLE
9.


INJURED
AND AGED EMPLOYEES


 


  The Company,
after consultation with the Union, will endeavor wherever possible, to provide
other employment for Employees injured during the course of their employment
and for Employees who become too old any longer to perform the work theretofore
performed by them.


 


  Any Employee, not
otherwise compensated therefor by insurance, shall, if injured on the Company
premises in the course of his work and in the sole, conclusive opinion of the
Company’s doctor, be unable to continue for the balance of the day, be entitled
to pay for the balance of one (1) full working day.


 


ARTICLE
10.


HOURS
OF WORK


 


A. The regular hours, workday
and workweek shall be set from time to time the same as heretofore. Except as
provided in sections B through C below, time and one-half shall be paid for all
hours worked (i) on Saturdays, (ii) in excess of eight (8) in any one (1) day,
(iii) forty (40) in any one (1) workweek, or (iv) on the holidays listed in
Article 21. Double, but in no event triple, time shall be paid for all hours
worked on Sundays.


 


B. In the case of watchmen,
engineers, firemen, and power plant employees, the workweek may be staggered to
include Saturday, Sunday and holidays, without additional premiums as such,
except that they shall be paid time one-half for all hours worked on a sixth (6th)
workday and double time for all hours worked on a seventh (7th) workday, in any
one (1) forty (40) hour workweek.


 


C.(i)   Service Employees will work an eight hour
day and not be limited to a specific number of jobs per day. Overtime will
begin after eight hours in any one day or forty hours in any one week.


 


(ii)   Start times for the work day will be
established to meet customer requirements and may vary from employee to
employee. The Company will endeavor to not change  an individual Service Employee’s starting time more than once a
month and will give the Service Employee sufficient notice of any such change.
The Company believes it will be possible to schedule start times on a voluntary
basis. However if Company needs are not being met on a voluntary basis, the
Company reserves the right to hold further discussions on this matter with the
Union in an effort to reach agreement on a mutually acceptable schedule.


 


(iii)   Service Employees working outside will not
be assigned work on a job-by-job basis. 
They will be required to call in at the beginning of each day and at the
end of each job, at which time they will be assigned their next job.


 


(iv)   When a Service Employee is beginning the
workday off the Company’s premises, the workday will begin at the time of
arrival at the first call. The workday will end at the completion of the last
call.


 


(v)   The Company will pay travel expenses at designated rates for
Service Employees traveling to and from Steinway Hall on Company business. It
will also pay travel expenses for the outbound trip to any off-premises jobs,
and travel between off-premises jobs and for the trip from the last job back to
the Service Employee’s residence.  The
Company will pay all tolls incurred while traveling on Company business,
including any tolls incurred while returning home from the last call.


 


(vi)   Service Employees who must travel more than
fifty (50) miles from their home to their first job or from their last job to
their home will be compensated at their regular  hourly rate, plus overtime if applicable, for travel beyond fifty
(50) miles. Hours worked will be calculated on the basis of fifty (50) miles
traveled equals one hour


 


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worked. If an Employee hired after the date of this Agreement moves his
or her residence after being hired and such relocation results in additional
travel, then the application of this subsection (vi) shall be in the discretion
of the Company.


 


D.  No overtime premiums shall be duplicated for any hour; however,
the higher premium applicable to any hour shall be payable.


 


E. The Company may at any
time reasonably require any Employee to work overtime. Any Employee with a
reasonable, bona fide excuse preventing working overtime shall not be required
to work such overtime. The Union and Company shall make reasonable efforts to
assist each other in effecting the intent that the Company’s production not be
unreasonably  impeded and due
consideration be given to individual Employee’s needs.


 


ARTICLE
11.


WAGE
RATES


 


A. General Increase.
The wage of each Employee covered by the Agreement shall be increased for each
hour worked as follows:


 


Effective October 1, 2003 -
Bonus payment in lieu of increase - $250.00 to be paid in December 2003 and
$750 to be paid in January 2004.


 


Effective January 1, 2005 -
2% of base rate per hour.


 


Effective January 1, 2006 -
2% of base rate per hour.


 


The average shall be
conformed in all aspects to reflect the changes in wages.


 


B. Hourly Work. The
official list of skill classification and rates for each hourly rated operation
is maintained in the office Payroll Department, a copy of which has been
furnished to the Union. Each foreman has in his possession an up-to-date list
of skill classifications in his department, which may be inspected any time
during regular business hours by any 
employee in the department. The per hour rate schedule for each skill
classification is outlined in Appendix II.


 


The skill of each operation
continues as heretofore classified without upgrading or downgrading.  Hiring rates for all Employees may be
higher, depending on experience and as the Company may deem proper.


 


New hourly Employees shall,
after a thirty (30) day initiation period, be granted either an increase of
$.25 per hour or such cents as is necessary to bring him up to the maximum of
his classification rate, whichever is the lesser in amount. Each new day work
Employee will be granted an additional $.25 per hour increase after eight (8)
weeks of employment and every eight weeks thereafter until such Employee
reaches the maximum of his classification rate. With respect to the last two
sentences of this paragraph, an Employee must have worked each day of the
initiation period or subsequent eight weeks period(s). If the Employee is
absent from work for any reason other than a scheduled holiday as provided in
Article 21, initiation period of subsequent eight week period(s) will be
extended accordingly.  The Company may
establish, after consultation with the Union, a new and larger list of skill
classifications. Each hourly rated job will be evaluated and placed in one of
the new classifications. No present Employee’s hourly rate will, as a result,
be less than his rate, for the same operation, payable at the time his
operation is assigned a new skill classification.


 


C. Apprentices An
“Apprentice” is an Employee without prior training in mechanical skills in the
particular operation to which he is assigned. During this “Apprenticeship” he
shall receive hourly rates, subject to the foregoing, to be fixed by the
Company, after consultation with the Union. After he has, in the Company’s
opinion, and after consultation with the Union, learned his operation, he shall
receive the rate then prevailing for his operation.   Seniority shall, however, date from the date of his original
employment.


 


D. Commissions The
Company will pay to any Employee a five percent (5%) commission on the invoiced
amount of any sale of service work brought to it initially by that Employee. In
order to qualify for the commission, the Employee must either personally write
the sale or provide the name of the customer and the item/service to be
purchased, prior to the Company’s knowledge of the sale. (i.e. after the first
claims against


 


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sales already written are not commissionable) Routine work (see below)
which is performed on a call booked by the Company will not be commissionable,
but major repair jobs and service contracts will be. (See attached price list
for examples of commissionable items and amount of commission).  This provision does not apply to new or used
piano sales.


 


(i)   Commissions will be paid out only on invoiced service/sales. The
commission will actually be paid to the Employee within four pay periods after
the end of the month in which the service/sale was invoiced. The commissions
will be paid by separate check, i.e., not included in regular payroll checks.


 


(ii)   “Routine work” means work booked by the
Company and assigned to the technician, as well as minor adjustments and
repairs performed in the first two hours of a routine service call, e.g. easing
of keys; adjusting pedals, pitch raise, replacing strings, evening out voicing;
etc.


 


(iii)   “Major repair” means any job which requires
more than two hours (including tuning) in the customers’ home; any job which
has to be brought into the shop; any service, part, or service contract on the
price list valued at more than $150 which was not part of a service order written
by the Company.


 


(iv)  The current service price list will be
issued to all service Employees. This service list will state prices for
various services and the applicable employee commission for the sale of those
services. Where n.a. appears, no commission will be paid for sale of such
services. New or additional services added to this price list for sale by
service Employees, Will be commissionable at five (5%) percent.


 


ARTICLE
12.


NEW
OPERATIONS AND METHOD CHANGES


 


  The Company may
institute new operations and methods, and determine the skill classification
thereof within existing factory skill classifications, and work thereon shall
commence when and continue as long as the Company directs. Rates shall be
determined by the Company by comparison of time and skill with existing
operations and methods and the related hourly rate.


  If within thirty
(30) days of regular work commencing on such operation or method both parties
fail to present a written grievance regarding such rate, it shall be conclusively
deemed properly established. If a grievance is filed within such period, the
Employees shall continue to work at such rate until such grievance has been
finally determined, at which time, if the rate is increased, each Employee
shall be paid the amount of such increase for each hour worked by him at the
lesser rate. If the rate is decreased, the Employee shall, after the date of
final determination be paid at such new rate but no Employee shall be obliged
to refund any overpayment made. When a job previously performed by hand is
mechanized, the same shall be deemed a new method and subject to the foregoing
provisions.


 


ARTICLE
13.


TRANSFER


 


A. Notice. All
transfers shall be upon notice to the Union, at which time it shall be
determined whether the transfer is permanent or temporary. Except where the
parties otherwise agree, a transfer shall be deemed temporary for six (6)
months, after which it shall be deemed permanent.


 


B. Temporary (i)
Seniority rights shall not be affected by temporary transfers. If any Employee
so transferred would by reason of Article 16 be required to be laid off, he
shall instead be transferred back to his old department and resume his
seniority status there.


(ii)  Where an Employee is, for the Company’s
convenience, temporarily transferred from his regular operations to lower rate
operations, he shall be paid for such temporary operation at an hourly rate
equivalent to his average hourly earnings. If he is so transferred to a higher
rate operation, he shall receive the higher rate for such operation. (iii)
Temporary transfers accepted in lieu of layoff are for the convenience of the
Employee who shall in such case be paid the existing wage rate for such
operation.


 


C.  Permanent. (i) New Seniority shall be acquired by
permanent transfers, Effective from the date of transfer. (ii) No one shall,
without the Union’s consent, be permanently transferred to lower rate
operations unless there is, at the time, insufficient work for full employment
of all Employees in the higher rate operation. (iii) Any Employee permanently
transferred to a higher rate operation shall, after his Trial Period, receive
such higher rate,


 


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provided he is in all respects qualified to perform the work. (iv) Any
Employee permanently transferred and laid off within a two (2) year period of
such transfer for at least thirty (30) consecutive days shall retain seniority
rights in the position held immediately prior to such transfer.


 


D. Foreman. Any
Employee who is made a foreman shall retain his seniority status in all
respects for one (1) year as long as he continues Union membership with payment
of dues and assessments, and if re-transferred to his former position shall
resume his seniority status as if his status had been uninterrupted. After one
(1) year, or upon termination of Union membership, whichever is earlier, such
foreman shall, in the event of re-transfer, thereafter be entitled only to the
seniority of a Regular Employee, (as defined hereafter) with lowest  Regular Employee seniority status as of the
date of such re-transfer. Except as above indicated, in either of the above
events, a foreman shall continue to be deemed a Regular Employee and retain all
Regular Employee privileges in case of retransfer.


 


E. Minimum Period. An
Employee who has transferred from one position to another must remain in that
position for a minimum period equal to the Trial Period plus six (6) months,
but in no event greater than fifteen (15) months.


 


ARTICLE
14.


LEADPERSON
AND INSTRUCTORS


 


  The Union and
Company will agree as to each operation upon the instruction time to be
allocated for each break-in, such time to be graded in a reducing scale so as
not to cover the entire Trial Period. Until agreement or arbitration award to the
contrary, the Company’s time allocation shall control and shall be accepted by
Instructors. All agreements or awards shall, however be retroactive to the date
of filing grievance. While instructing, the Instructor shall receive as
compensation per hour his posted average hourly earnings plus 15¢ per hour
extra while instructing. No Employee may refuse to instruct another Employee in
his work without a good reason.


 


  The Company may
determine a need for and designate a “leadperson” in those areas where assistance
to the Foreman may be required distributing materials or work assignments,
recording of completed work, set-up or work preparation, in process review or
inspection, or other administrative duties which aid production.


 


  The leadperson
may function as the temporary departmental supervisor in the Foreman’s absence.


 


  The designated
lead person will receive as compensation $1.00 per hour above his posted hourly
rate.


 


  Leadperson
designation does not alter that employee’s status as an employee covered by
this agreement or seniority in any way, and may be transferred or ended based
on the Company’s determination of need.


 


  Leadperson
responsibilities do not include authority to discipline employees.


 


ARTICLE
15.


WORK
RECORDS


 


  Each Employee
shall record work performed, indicating quantity and description of, and hours
spent on, each unit of production. No records shall be accepted unless approved
by the foreman.


 


ARTICLE
16.


DIVISION
OF WORK AND SENIORITY


 


  “Regular
Employees” are those continuously in the Company’s employ for two (2) years or
more. “Temporary Employees” are all other Employees. Seniority layoffs and
recalls shall be by categories, departments and operations, not plant-wide,
both as to existing and new departments and operations.


 


  During slack
seasons, Temporary Employees shall be laid off first. Thereafter, equal
division of work shall take place among Regular Employees. Regular Employees
shall be laid off and recalled on the basis of seniority. Temporary Employees
shall likewise be recalled based on seniority after all Regular Employees have
been recalled. New Employees shall not be hired in any category, department or
operation until all Regular and Temporary Employees therein have been recalled.
Except as provided in Article 22, seniority rights shall not be


 


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affected by layoffs but shall in any event cease upon termination of
employment. The Company may, in its discretion, in lieu of the foregoing and at
the Union’s request, permit Temporary and Regular Employees to share work on
the basis of “Alternating Layoffs”, i.e. working five (5) full days one (1)
week and being laid off the following week. In the event of Alternating Layoffs
as provided herein, such layoffs shall not be deemed a General Layoff.


 


  The Company may
recall out of turn any Employee where he, and no one preceding him on the list,
can satisfactorily perform the work to be done. In the event of dispute, the
Company’s recall choice shall control, until final determination of the
dispute. If the Union’s choice is sustained, he shall receive the difference in
the pay he would have earned and the pay actually earned from the time he
became entitled to recall to the date he is recalled. Employees recalled out of
turn shall be passed over on their next regular turn in order that wherever
practicable there be equal division of work.


 


  In any event, the
President, Secretary Treasurer and Shop Chairman shall, during their respective
terms of office have plant-wide seniority on layoffs and recalls, provided such
officials can satisfactorily perform the operation affected. The Union shall
immediately upon election of the above officials advise the Company thereof.


 


  Union delegates
shall, under similar limitations, have department-wide seniority and shall not
be subject to prior seniority of the other Union officials. This article shall
not apply to any Employee while on leave of absence.


 


ARTICLE
17.


ADJUSTMENT
OF GRIEVANCES AND DISPUTES


 


All disputes shall be settled
in the following order between:


 


(a) The aggrieved Employee,
department delegate and either foreman or department head.


 


(b) The shop steward and
either the plant superintendent or service manager


 


(c) The President or
Representative and either the plant manager or management representative


 


(d) The respective executives
of the parties. In case of any dispute, work shall continue to be performed in
accordance with the Company position until such dispute has been fully
determined.


 


It is agreed that grievances will
be expeditiously Processed by both parties, and that the parties will use their
best efforts to consider disputes within the following time periods:


 


	
  At Step (a)

  	
   

  	
  1 working day

  
	
  At Step (b)

  	
   

  	
  5  working days

  
	
  At Step (c)&(d)

  	
   

  	
  10 working days

  



 


If a dispute cannot be
settled after either (c) or (d) above, the dispute shall, at the written
request of either party, be submitted to arbitration within ninety-six (96)
hours, excluding Sundays, and determined pursuant to the New York Arbitration
Law in accordance with the American Arbitration Association rules in effect, by
an arbitrator chosen from a panel of persons to be provided by said
Association.


 


If either party, after due
demand and notice, refuses to arbitrate or fails to appear , the other party
may nevertheless proceed to arbitration as above provided.


 


Any findings, decisions and
awards, including reinstatement, shall be binding and conclusive upon the
parties and judgment thereon may be entered in any court of the forum having
jurisdiction. The expense of the arbitrators’ fees, if any, shall be jointly
borne by the parties.  The expense of
stenographic minutes shall be borne by the party ordering same for its
exclusive use.


 


No award shall be retroactive
prior to the date of the formal Presentation in writing of any grievance by the
Union.


 


All Union grievances to the
date of the execution of this Agreement are deemed to have been settled and
determined.


 


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All Union grievances or
disputes shall be deemed conclusively settled, determined and rejected unless
submitted to arbitration within thirty (30) days from the date they first
reached state (c) or (d) above.


 


In case of disputes, a
walkout constitutes a breach of contract by the Employees. Work shall continue
to be performed in accordance with the Company’s decision until such dispute
has been fully determined pursuant to this grievance procedure.


 


The grievant may be present
at any step of the grievance procedure, at the Union’s option, provided that
such attendance will not unreasonably interfere with plant operations


 


ARTICLE
18.


VETERANS


 


Any Employee who leaves the
Company for United States military service shall , upon his request within
three (3) months from the date of his discharge, be reinstated, without loss of
seniority in his former position, provided that he is (i) available for work
within six (6) months after discharge and (ii) in the Company’s opinion after
consultation with the Union, still competent to perform his prior job satisfactorily.
In so rehiring him, the Company may discharge any of his successors. If he is
mentally or physically unable to perform his prior work, or if the operation
has been discontinued, the Company will endeavor, wherever possible, after
consultation with the Union, to provide him with some other suitable work for
which purpose the Company may discharge any Employee hired during his absence.


 


Nothing herein limits the
rights of veterans as provided under any law, regulation, order, award,
judgment or decree of the United States Government, or of the state of New
York, or of any of their respective subdivisions, agencies, departments,
boards, courts, or tribunals, and compliance therewith by the Company shall not
be deemed a breach of this Agreement. To the extent that any provision hereof
shall be inconsistent with same, such provision shall be deemed modified so as
to conform with same. The Company shall notify the Union of any action,
proceeding or hearing commenced by any veteran affecting the provisions Of this
Article. The Union agrees that it shall not require the Company to deny to any
such Employee any right properly asserted by him.


 


Veterans shall, on request,
be granted a leave of absence not exceeding one (1) year to attend industrial
training schools sponsored by the Government.


 


ARTICLE
19.


HOLIDAYS


 


New Year’s Day, Lincoln’s
Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veterans Day, Thanksgiving and the day after Thanksgiving and
Christmas are the only legal holidays hereunder and will be celebrated in
accordance with the New York Uniform Holiday Act. Except in the event of
emergency, no Employees, other than outside tuners, watchmen, firemen,
engineers, coal passers, power plant employees and maintenance department
employees at 109 West 57 Street shall be required to work on Sundays or said
legal holidays.


 


Employees shall be paid for
such holidays without working, at the Employee’s then regular hourly rate for
eight (8) hours, provided that the Employee works his regular shift of work
days immediately preceding and following the holiday unless prevented from
working because, within one (1) month immediately preceding the holiday date,
he was either bona fide ill or laid off. An Employee shall not lose his holiday
pay if on such work days preceding and following the holiday he loses work not
exceeding a total of three (3) hours spread over both days, provided that his
loss of work is not arbitrary, or without justifiable cause or is in accordance
with his regular working practices. Unworked holidays shall be included, in
determining hours worked for overtime purposes. If a holiday occurs within any
Employee’s vacation period, his vacation shall be extended one (1) day.


 


In the event that Federal or
State legislation replaces one (1) or more of these holidays with another
calendar day, then such other day or days shall become the holiday under this
Article, in place of and not in addition to the superseded holiday date.


 


The Company shall allow
Employees to depart from work at 11:30 a.m. on Christmas Eve and New Year’s
Eve. Each Employee who has worked the full four (4) hours (i.e. 7:30 - 11 :30)
prior to such early departure shall


 


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receive four (4) hours additional pay at said Employee’s average hourly
pay for each of these days. Saturday holidays will be celebrated on the Friday
prior to the holiday. Sunday holidays will be celebrated on the Monday after.
Christmas Eve and New Year’s Eve will be the last work day before the holiday.


 


 


ARTICLE
20.


VACATION
AND CHRISTMAS BONUSES


 


A. Vacation.


1. For purposes of vacation
pay calculations, June 1 is used as the cutoff date. All Employees will receive
vacation pay in accordance with the schedule below. All hours paid as vacation
pay shall be computed, in the case of non-day rate workers, at the Employee’s
posted average hourly rate then in effect and, in the case of day rate workers,
at the Employee’ s hourly rate then in effect.


 


	
   

  	
   

  	
  DAYS WORKED

  	
   

  
	
  Service as of June 1

  	
   

  	
  Less than

  80 days

  	
   

  	
  80 thru

  159 days

  	
   

  	
  160 days

  and over

  	
   

  
	
  0-6
  months

  	
   

  	
  0

  	
   

  	
  0

  	
   

  	
  0

  	
   

  
	
  6
  mos. To 1 year

  	
   

  	
  0

  	
   

  	
  40
  hrs.

  	
   

  	
  40
  hrs.

  	
   

  
	
  1
  year thru 5 years

  	
   

  	
  0

  	
   

  	
  40
  hrs.

  	
   

  	
  80
  hrs.

  	
   

  
	
  5
  years thru 14 years

  	
   

  	
  0

  	
   

  	
  60
  hrs.

  	
   

  	
  120
  hrs.

  	
   

  
	
  15
  years thru 19 years

  	
   

  	
  0

  	
   

  	
  80
  hrs.

  	
   

  	
  160
  hrs.

  	
   

  
	
  20
  years and over

  	
   

  	
  0

  	
   

  	
  100
  hrs.

  	
   

  	
  200
  hrs.

  	
   

  



 


In determining whether an
Employee qualifies for ten (10) or twenty (20) years employment, as the case
may be, he shall be entitled to credit only for calendar years in which he
actually worked for the Company at least one hundred and sixty (160) days.


 


2.   For the purpose of determining worked days as provided in this
section, bona fide days of illness and layoff (in the aggregate not exceeding
twenty-five (25) days towards the eighty (80) day minimum and forty-five (45)
days towards the 160 day minimum) as well as days off for vacation and holiday
shall be deemed Working Days.


 


3.   The Company has the option of shutting its plant for a two week
or three week vacation period during the months of July and August. The Company
will continue its practice of allowing for additional vacation due those
Employees, pursuant to the eligibility requirements above, outside such
vacation period, but within the vacation year. The Company, when given reasonable
advance notice, will not unreasonably deny requests of Employees for the taking
of the additional vacation at a desired time. To this end the Union and Company
shall make reasonable efforts to assist each other in effecting this clause.
The Company’s production needs will not be impeded and due consideration will
be given to the Employees’ individual needs. 
If there is more than one request in the same Department for the same
time period seniority will prevail. If the Company has work, an Employee with
four(4) or five (5) weeks of vacation eligibility , may choose to work and be
paid for such vacation time, in lieu of actual time off, and also receive
regular compensation for work performed during this period, payment for such
vacation time to be effected on June 1. If the Company shuts down its plant for
a two-week or three-week vacation period the Company will notify the Union of
the date at least thirty (30) days in advance.


 


4.   Vacations shall be prorated for Employees who have at least one
(1) full year of service as of June 1 of any year, and whose employment is
terminated. Such pay to be prorated on the basis of 1/240th of the Employee’s
vacation entitlement for each day worked as that term is described in
Subsection C. below.


 


B. Christmas Bonus


All Employees continuously
employed by the Company (i) for at least six (6) months but less than one (1)
year immediately preceding December 1st of each year of the
term hereof, shall receive twelve (12) hours, or (ii) those so employed by the
Company for one (1) year or more shall receive twenty-four (24) hour Christmas
bonus pay in each year of the term hereof. 
The bonus shall be computed at the Employee’s hourly rate then in
effect, provided that such Employee continues in such employment to at least
the week in which such bonus is to be paid and actually worked for the Company
for eighty (80) actual working days in case (i) and for one hundred


 


10

















 


and sixty (160) actual working days in case (ii) in the twelve (12)
months immediately preceding. Such bonus shall be paid by a separate check
accompanying the second pay check in December.


 


C. Absences


Absence by reason of layoff,
illness, leaves or any other cause whatsoever, shall not be deemed “actual work”,
hereunder, except as provided in Article 20 Section A-2. If any Employee works
any part of a day, he shall be entitled to a full day’s credit for work in
computing vacation and Christmas bonus days worked provided that there is
justifiable and reasonable cause for not working the balance of the day.
Further, all time lost due to injury on the job (which qualifies as a workers
compensation injury) shall be counted toward vacations and Christmas bonus.


 


D. Layoffs


If the aggregate general
layoff of an entire department or plant shall exceed forty (40) days, then as
to each Employee affected by such layoff, there shall be included all paid
holidays to each such Employee so entitled during the term as actual working
days in computing vacation and Christmas bonus days worked thereunder.


 


ARTICLE
21.


ELIMINATION
OR CHANGE OF OPERATIONS


 


A. As to operations presently
performed at the Company’s Plants: No such work shall be performed elsewhere by
the Company unless the provisions in Section D have been or will be satisfied.


 


B. As to new operations
performed at the Company’s Plants: (i) The Company may institute any new
department or operation. (ii) The Union shall have the opportunity to furnish
for such operation the best labor then available in the open market. (iii)
Trial Periods shall be jointly determined for new Employees; for old, thirty
(30) days. Permanent transfers to these operations shall be with the Employee’s
consent; if not, revert to his prior status. In temporary transfers, seniority
shall neither be acquired nor affected. (iv) New operations may be suspended or
discontinued at the Company’s discretion provided that the provisions in
Section D have been or will be satisfied. Moreover, on discontinuance,
Employees shall revert to their prior seniority, if any, in other departments.


 


C. The parties recognize the
general principle between them that they will mutually cooperate to avoid the
elimination of a department or change of operation as the result of the
purchase of foreign parts. It is, however, recognized that this principle shall
not apply to any plant of the Company which may be situated abroad, to the
purchase of raw materials, incidental small parts or hardware not customarily
manufactured by the Company, or purchased by it within the United States,
regardless of place of origin, nor shall this principal apply to any other
purchases within the United States, regardless of the place of origin of the
article purchased nor to any other purchases outside the United States which
neither effects the elimination of a department or material change in
operation, or which is being purchased by the Company at any time that an
agreement between the parties hereto is made.


 


D. (i) The Company will give
the Union reasonable notice of its intent to change operations or to purchase
foreign parts where the effects of its action would be to permanently displace
an Employee from his current job. If requested , the Company will meet with the
Union to discuss its intended action. (ii) In any such discussion the Company
shall explain the reason why it needs to take any proposed action and the Union
may respond on the merits including the suggestion of any alternative action
consistent with the Company’s needs. The Company will consider such suggestion
before making the final decision. (iii) In the event that an Employee will be
permanently displaced from his current job because of a change in operations or
the Company’s purchase of foreign parts, the Company will make reasonable
efforts to find him another available job for which he is qualified within the
plant, including returning him to a prior position which may have held. His
rate for such job will be the rate commonly associated with the job. If no
available job exists, the Company shall lay the Employee off provided that
Company shall demonstrate legitimate business reasons for the change in
operations or the purchase of foreign parts. In the event that the Union and
the Company cannot agree that the Company had legitimate business reasons for a
change in operations or the purchase of foreign parts, this question shall be
submitted for binding arbitration.


 


11

















 


ARTICLE
22.


TERMINATION
OF EMPLOYMENT


 


An Employee shall be deemed
terminated in any of the following events: (i) discharges for cause; (ii)
voluntary quitting, (iii) in the case of temporary Employees with less than
three (3) months service, when laid off; (iv) when an Employee has been laid
off for more than twelve (12) months unless the Employee has at least seven (7)
years service in which case employment will be terminated when the Employee has
been laid off more than twenty four (24) months, (v) in the case of any
Employee, temporary or permanent, if he fails to report back within three (3)
days after being recalled for work, unless such failure is due to a bona fide
excuse preventing his return. Other employment shall be no excuse under any
circumstances.  Layoff of permanent
Employees shall not, except as provided above, affect their right of reemployment.  Every employee absent from work for three
(3) or more consecutive work days shall cause the Company to be notified of the
cause thereof, or be subject to termination.


 


ARTICLE
23.


LEAVES
OF ABSENCE


 


Employees while on leave are
not deemed laid off and retain all seniority rights but acquire no benefits.
The business agent shall be deemed on leave during the term of his office or
this Agreement, whichever is shorter. No leave shall be longer than six (6)
months.  Employees must be employed for
more than sixty (60) days to be eligible for a medical leave of absence.
Employment will be terminated when an Employee is on a medical leave (including
Worker’s Compensation) for more than twelve (12) months unless the Employee has
at least seven (7) years service in which case employment will be terminated
when the Employee has been on a medical leave more than twenty four (24)
months.


 


During any periods, no more
than ten percent (10%) of the Company’s key Employees or of any department or
of the entire plant personnel shall be on leave. All applications for leave
must be in writing, submitted to the Company at least sixty (60) days before
the proposed date of departure and the Employee shall receive written notice of
approval or disapproval at least (30) days before such date of departure. No
leaves shall be retroactive.


 


All applications for leave
will be reviewed by a committee of four (4), two (2) appointed by the Company
and two (2) by the Union. Consideration will be given first to the need for
production in the applicant’s department, and the effect of his leave on other
departments.  Consideration will be next
given to the applicant’s length of service, the reason for leave, and his
record of prior leaves or absences.


 


The recommendation of a
majority of the committee shall be required for, and govern the right to, any
leave, and shall be binding upon all of the parties.


 


ARTICLE
24.


CALL-IN
PAY


 


Employees who are requested
to report for work and do so on time are guaranteed a minimum of four (4)
hour’s work or pay in any day.


 


ARTICLE
25.


INSURANCE


 


During the term hereof, the
Company shall pay a contribution of the United Furniture Workers Insurance Fund
on or before the fifteenth day of each month for each Employee covered herein
as may be covered under such Fund who was an Active Employee during the
previous month. The rate of contributions per Employee shall be as follows:


 


Effective for the month of
October 2003 (payable November 15, 2003) $540.00 per month.


Effective for the month of
January 2005 (payable February 15, 2005) $605.00 per month.


Effective for the month of
January 2006 (payable February 15, 2006) $652.00 per month.


 


An “Active Employee” is any
Employee who has received pay for actual work performed at any time during the
month (including; Employees on vacation or sick days paid by the Company but
excluding Employees on lay-off or leave of absence)


 


12

















 


Such Insurance Fund shall be
a trust fund for the sole benefit of the Employees of the Company and of other
companies which similarly contribute to said Fund, for the purchase, or
provision by self insurance, of group Life Insurance, Group Accident, Death and
Dismemberment Insurance, Group Accident and Health Insurance, Hospitalization
Insurance and Group Surgical Insurance as the Fund’s Trustees determine to
provide.


 


To the extent that in the
manner above mentioned, the Company joins with other companies in the
Furniture, Bedding and Piano Industries, who have made or may make contracts
containing provisions similar to those set forth in this section, in
maintaining the said Fund, it being understood, however, that the Fund will be
held and managed by Trustees thereof under the terms and provisions of a
Declaration of Trust or Trust Agreement to which the Trustees of the Fund are
parties. It is further understood and agreed that the Company shall be under no
obligation to see to the application of monies paid to the Trustees pursuant to
this paragraph for the purposes and use above-mentioned.


 


The Company agrees to furnish
to the Union and to the Fund above named, records of Employees hired,
classifications of Employees, names, social security numbers and wages paid.


 


The Union represents that
said trust fund is exempt from the restrictions contained in Section 302(c) of
the Labor Management Relations Act of 1947 and that said fund shall at all
times continue to be a Fund conforming with and entitling the Company to
exemption under the New York Disability Benefits Law.


 


ARTICLE
26.


PENSIONS


 


Subject to the provisions
below, the Company shall contribute to the United Furniture Workers’ Pension
Fund A a sum equal to but not exceeding five and one quarter percent (5.25%) of
its previous month’s payroll for such Employees covered herein as may be
covered under such fund. Said Fund shall continue to be subject to the
following conditions:


 


A. Said Fund shall be a plan
entitling the employer to a tax deduction as an ordinary expense under the tax
laws for any contributions made by it to said Fund certified by the
Commissioner  of Internal Revenue as tax
deductible under Section 162 of the Internal Revenue Code.


 


B. During any period that
piano work is frozen by Government order or authority, the Company’s
contribution to said Fund shall be made only as to Employees who had previously
been engaged in piano work and who continue to work for the Company during the
period of such freeze, and shall not be required to be made as to any other
Employees.


 


C. During the period a new
foreman retains his full seniority status as described in Article 13(D),
pension contributions for him will be held in reserve. If after such period,
the foreman continues in such capacity, he may apply for the ‘Withdrawal
Benefit” provided under Section IV D(1) of the United Furniture Worker’s
Pension Plan A. However, if the foreman returns to his prior position, the
reserve will be transferred to the United Furniture Worker’s Pension Plan A. No
other adjustments will be made in favor of the United Furniture Worker’s Plan
A., either at the time of promotion to foreman or in the event of demotion
after the one (1) year temporary


period.


 


D. All provisions of this
Article 26 shall be subject to the agreement, as amended, made June 25, 1974
between the Trustees of the United Furniture Worker’s Pension Plan A and the
Trustees of the Steinway & Sons Pension Fund, the United Piano Workers,
Local 102 of United Furniture Workers of America, AFL-CIO and Steinway &
Sons.


 


ARTICLE
27


LAYOFF


 


A general layoff of an entire
department or plant shall be upon at least one (1) week’s notice to the Union,
except in cases of an Act of God or public enemy, emergency, contract
cancellation, government priorities, strike, fire, epidemic, floods or any
causes, similar or dissimilar to the foregoing, not within the Company’s
control. In the event of a general lay-off exceeding six (6) consecutive
calendar weeks, such Employees so laid


 


13

















 


off shall at the end of the sixth (6th) consecutive week of their
layoff, unless theretofore terminated as provided in Article 24, be paid forty
(40) hours regular straight time computed at their average hourly earnings at
the date of layoff.


 


If the Company shall find it
necessary to lay off any Employees for any reason other than lack of work, the
Company will give the Union at least five (5) business day’s notice before the
lay-off, including the names, positions and seniority dates of the Employees to
be laid-off. If requested, the Company will meet with the Union to discuss its
intended action. In any such discussion the Company shall explain the reason
why it needs to take any proposed action and the union may respond on the
merits including the suggestion of any alternative action consistent with the
Company’s needs. The Company will consider and respond to such suggestions
prior to implementing any lay-off.


 


In the event the Union and
the Company cannot agree that the Company had a legitimate business reason for
a lay-off or that the Company identified the proper Employees to be laid-off,
the Union retains the right to submit the question to binding arbitration.  If an Employee has been laid off, the work
performed by that Employee may not be performed by persons from another
category, department or operation for more than one (1) day per week without
the Union’s consent.


 


The Company shall notify the
Union before assigning overtime to any Employee in the category or operation
previously occupied by a laid-off Employee. The Company shall not use overtime
to avoid the recall of a laid-off Employee.


 


ARTICLE
28.


SHOP
CHAIRMAN


 


  Inasmuch as the Company deems that such services facilitate
the operation of its factory, the Company agrees that time spent in processing
grievances by either Shop Chairman while such Chairman is a Company Employee on
Company premises and during regular working hours, shall be paid by the Company
at such Employee’s regular hourly rate.


 


ARTICLE
29.


WAR
WORK


 


  If, the Company shall become engaged in war work, Employees
engaged in such work (i.e. other than regular piano work) shall not be entitled
to or acquire any of the seniority benefits of this Agreement, it being the
intention of the parties that Employees acquire seniority only to the extent
employed on piano work.


 


ARTICLE
30.


JURY
DUTY PAY


 


A.   Regular Employees who have completed one (1) year of continuous
service with the Company whose absence from work is necessitated by service as
a juror, shall receive jury duty pay based upon the difference between the
compensation said Employee received for his services as a juror and his average
hourly pay effective at the time of such service. Jury duty pay shall be paid
only for days on which the Employee would otherwise have worked his regularly
scheduled workday. In no case shall jury pay be paid for more than ten (10)
days in each contract year.


 


B.   In order to be eligible for jury duty pay, an Employee who is
summoned for jury duty must immediately present such summons to his supervisors
and the Employee must provide the Company with a statement signed by an official
of the court certifying as to the Employee’s service as a juror of reporting
for jury duty, the date or dates of such service, and the compensation paid him
therefor.


 


ARTICLE
31.


BEREAVEMENT
PAY


 


  In the event that
the spouse, child, parent, brother or sister, stepmother, stepfather
stepsister, or stepbrother of an Employee shall die, such Employee shall be
entitled to three (3) days bereavement pay at the ‘regular hourly rate for
eight (8) hours per day, provided that the time is actually taken off. The
Company reserves the right to require proof of death.


 


14

















 


ARTICLE
32.


SICK
LEAVE


 


A. On the first anniversary
of their employment with the Company, each Employee shall be entitled to two
(2) paid sick days (eight (8) hours at the regular hourly rate) in the event of
sickness on the second anniversary of their employment with the Company, each
Employee shall be entitled to three (3) additional paid sick days in the event
of sickness. On October 1, 2004 (and subsequently November 1, 2005 and December
1, 2006 and January 1 thereafter), Employees shall be entitled to five (5) paid
sick days in the event of sickness. Sick days shall be noncumulative and if not
taken in any one (1) contract year shall be paid on the first pay period
following the close of that contract year. Notwithstanding the prior sentence,
Employees in the employ of the Company for a period of one (1) year who do not
use their two (2) sick days may accumulate those days and use them in the
following year. Employees will be paid their sick day entitlement for the first
2, 3, or 5 absences in the contract year. Sick days taken pursuant to this
Article will not be used against Employees for disciplinary reasons.   Notwithstanding the foregoing, the Company
and the Employee may agree on the Employee’s use of sick time for reasons other
than sickness.


 


B. Effective at the beginning
of the first full calendar quarter following their first anniversary of
employment, Employees will be eligible to earn bonuses for perfect attendance
in accordance with the following rules;


 


1)         Employees shall receive a bonus of the one hundred dollars ($100) for
each quarter of the contract year (October 1, 2003 - October 31, 2004, November
1, 2004 - November 30, 2005 and December 1, 2005 — December 31, 2006) in which
they have perfect attendance. Bonuses will be paid quarterly.  Note: For
the contract conversion period of October 1, 2003 through December 31, 2004,
employees may be eligible for an additional $50.00 attendance bonus for those
employees with perfect attendance for 5 quarters (i.e. 1 paid sick day per
quarter for 5 quarters — October 1, 2003 — December 31, 2004).


 


2)         Employees shall receive an additional bonus of the one hundred dollars
($l00) for perfect attendance for an entire contract year (October 1 -
September 30). This bonus will be paid annually. Employees with less than a
full contract year of eligibility in the attendance bonus plan may receive a
pro rata share of the yearly bonus if they maintain perfect attendance for that
portion of the contract year during which they were eligible.


 


3)         Employees who are qualified and receive a bonus in accordance with the
rules listed in Section B. 1) of this Article, will receive an additional bonus
for each quarter in which plant wide absenteeism is improved from 6%, by one
full percentage point, or more.


 


Each 1% reduction in the
absence rate from 6% (to 5%, 4%, 3%, etc.) will entitle those employees who
have qualified for attendance bonuses to an additional $100, for that quarter.


 


	
  Example:

  
	
   

  
	
  Current 6% plant wide
  absence rate = current $100/quarterly bonus

  
	
   

  	
   

  	
   

  	
   

  
	
  Improvement to 5% plant
  wide absence rate 

  	
  = current

  	
   

  	
  $100/quarterly bonus

  
	
   

  	
  + additional

  	
   

  	
  $100 bonus

  
	
   

  	
   

  	
   

  	
  $200/quarterly bonus

  
	
   

  	
   

  	
   

  	
   

  
	
  Improvement to 4% plant
  wide absence rate 

  	
  = current

  	
   

  	
  $100/quarterly bonus

  
	
   

  	
  + additional

  	
   

  	
  $200 bonus

  
	
   

  	
   

  	
   

  	
  $300/quarterly bonus

  



 


The annual attendance
bonus for employees who qualify for and receive a bonus under Section B. 2) of
this article will likewise be increased $100 for each annual reduction of one
full percentage point below 6% for the contract year.


 


Perfect attendance means no
absenteeism for any reason except: paid Vacation, paid Funeral leave; paid
Military leave; Jury Duty, and one paid Sick Day per quarter.


 


Employees may take the one
paid sick day per quarter in two four hour segments without penalty.


 


15

















 


The Company and Union also
agree that Employees may be absent due to layoff up to fifteen (15) days in a
calendar quarter without such absences counting against them for the purpose of
determining eligibility for the attendance bonus.


 


ARTICLE
33.


MISCELLANEOUS


 


A. The Company shall not move
its plant outside the five boroughs of New York City.


 


B.  Any authorized Union representative may, at any reasonable time
during business hours, enter the Company’s premises by way of the office,
provided there is no Union organization or activity on Company time or
property.


 


C.  Except as specifically modified hereunder or in the Company’s
reasonable discretion from time to time here under the present general
practices and conditions of employment shall continue.


 


D.  The masculine gender herein shall apply to females wherever the
context permits.


 


E.  This Agreement shall be binding upon and inure to the benefit of
the respective parties, their successors and assigns.


 


F.  It is not a breach of this Agreement if the Employees refuse, or
are ordered not to work upon goods being manufactured in a shop where there
then exists a strike or lockout. Nothing herein shall be deemed a condonation
by the Company of any violation of law, State or Federal, nor does the Union
concede that compliance with this Section is unlawful.


 


G.  Foremen and assistant foremen may continue to perform production
work as heretofore.  Additional
production work may not be performed by them unless the Employees who regularly
perform such work are not available.


 


H.  This Agreement shall be at all times subject to the laws, rules,
regulations, orders and edicts, State and Federal, including national emergency
and Priority orders and rulings, now or hereafter enacted or promulgated, and
it shall not be a breach if either party is thereby prevented from performance
hereof, in whole or part.


 


I.  This Agreement contains the entire understanding between the
parties and shall not be waived or in any respect changed, except in a writing
signed by both parties. All oral waivers, representing and changes are hereby
expressly renounced and excluded.


 


J.  Employees required to use their automobiles for Company business
will be reimbursed at the appropriate rate per mile authorized by the Internal
Revenue Service.


 


K.  Employees will be allowed fifteen (15) minutes for the purpose of
cashing checks on pay day through December 31, 2003. This practice is
discontinued after that date.


 


L.  Those Employees who are required to wear safety shoes will be
reimbursed up to $75 per year by the Company for the purchase of a pair of
safety shoes. The Company will reimburse up to $35 per year for the purchase of
a pair of safety shoes by those Employees who are not required to wear safety
shoes.


 


M.  The Company will provide each Employee, at a provider of the
Company’s choice, an annual eye exam and a single pair of safety glasses at no
cost to the Employee.


 


N. The Company shall post all
job openings other than for entry level positions for three (3) business days.


 


ARTICLE
34.


TERMINATION
AND RENEWAL


 


This Agreement shall remain
in full force and effect for the period from the date hereof until December 31,
2006. Not less than sixty (60) days prior to the expiration of this Agreement,
either party desiring terminations or modifications thereof shall make known
its demands in writing to the other party, and if neither .party shall give
such notice, this Agreement shall continue in full force and effect for the
period of one (1) additional year, and


 


16

















 


similarly, from year to year thereafter. If either party shall give such
notice, then negotiations shall commence forthwith. Only matters set forth in
such demands shall be considered in negotiations. This Agreement, including the
wage provisions thereof, is not subject to reopening, change or modification
during the term, for any cause whatsoever unless the parties hereto agree
otherwise.


 


IN WITNESS THEREOF, the
parties hereto have caused these presents to be signed by


their respective duly
authorized officers as of the day and year first above written.


 


	
   

  	
  STEINWAY, INC.

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Bruce A. Stevens

  	
   

  
	
   

  	
   

  	
  Bruce
  A. Stevens

  	
   

  
	
   

  	
   

  	
  President

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Local 102 F.W.

  
	
   

  	
  I.U.E., AFL-CIO

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Harry Boot

  	
   

  
	
   

  	
   

  	
  Harry
  Boot

  	
   

  
	
   

  	
   

  	
  President

  	
   

  
						



 


17

















 


APPENDIX
I.


FACTORY
RULES AND REGULATIONS


 


1. This is a Union Shop, and
your attention is drawn to our Union agreement which is available in printed
form, and is binding on the Company, the Employees and the Union.


 


2. The regular working time
is eight (8) hours daily, from 7:30 a.m. to 4:15 pm with three-quarters of an
hour for lunch between 12:00 Noon and 12:45 p.m. Everyone is expected to start
work promptly and to remain at their work until quitting time; five (5) minutes
is allowed for washing and dressing, both before lunch and at the end of the day,
indicating by blowing the whistle. Factory gates will be opened thirty (30)
minutes before starting time and closed twenty (20) minutes after quitting
time.


 


3. Every Employee must punch
in at assigned time clock or department when arriving and when leaving the
Factory. It is forbidden to punch someone else’s card for him.


 


4. It is the duty of every
person employed in this establishment to carry out and complete the work
assigned to him with care and diligence and without interruption during regular
work hours.


 


5. Employees are prohibited
from visiting other departments than those in which they are employed for the
purpose of talking with others during working hours, except in discharge of
their proper duties.


 


6. It is forbidden to
threaten or molest other workmen, or to detain them in any manner from their
work, to quarrel with them, or to indulge in loud or boisterous language.
Radios should be kept tuned down so as not to interfere with other workers. The
use of headphone radios, tape players, cellular phones or similar devices is
strictly prohibited on the shop floor during work hours.


 


7. Workmen fighting (or
involved in an altercation) in the Factory, or in the immediate vicinity of the
Factory during work hours, will be discharged at once.


 


8. Safety is important to all
of us, and we expect everyone to avoid injury, and to report promptly to the
foreman any unsafe condition that could cause an accident.


 


9. Any accident, no matter
how minor it may seem, must be immediately reported to the foreman.


 


10. It is a basic condition
of employment that each Employee work the full scheduled time for his operation
each day. If an unforeseen illness or emergency should prevent anyone from
working, the Company must be promptly notified of the reason.


 


11. Every workman must clean
up his working place daily, and sweep all dirt and shavings from under and at
least two (2) feet around his bench, and shut the window, turn out lights, and
shut off all utilities, power, or equipment under his control before leaving the
shop.


 


12. Workmen must allow the
doorkeeper, on request, to inspect the contents of bundles, packages, etc. that
they may carry in or out of the factory.


 


13. Smoking, drinking
intoxicating liquor, or use of controlled or illegal substances and gambling
are absolutely prohibited in the factory.


 


14. No one is permitted to do
work for himself or others in the factory, unless authorized by the foreman.


 


15. The Company phones are
not to be used for personal business. In the event of emergency, you can be reached
through our switchboard. Pay telephones are available for employees use during
other than working hours.


 


16. It is prohibited to call
or hold meetings in any part of the establishment, or to distribute or put up
any placards, posters, or circulate lists, or make collection for any purpose
whatsoever, without authorization.


 


17. No visitors of any kind
are permitted in the factory without authorization from the office.


 


18

















 


18. Employees who engage in
violent criminal activities outside the plant whose continued employment will
pose a serious and imminent threat to the health, safety and welfare of other
Employees may be terminated.


 


19. These rules and
regulations must be observed by every Employee, and any breach will be cause
for disciplinary action, subject to the grievance procedure in our Union
contract.


 


20. It is absolutely
prohibited to bring firearms or other weapons into the workplace.  Employees who do so will be discharged at
once.


 


21. The Company reserves the
right to remove (or request removal) of posters, banners or other materials
which depict images or convey sentiments which are inappropriate or
offensive.  (This right does not extend
to notices posted by the Union.)


 


APPENDIX II.


SKILL CLASSIFICATION


 


	
   

  	
   

  	
  10/1/03

  	
   

  	
  1/1/05

  	
   

  	
  1/1/06

  	
   

  
	
  Skilled
  A

  	
   

  	
  15.36

  	
   

  	
  15.67

  	
   

  	
  15.98

  	
   

  
	
  Skilled
  B

  	
   

  	
  15.23

  	
   

  	
  15.53

  	
   

  	
  15.84

  	
   

  
	
  Skilled
  C

  	
   

  	
  15.04

  	
   

  	
  15.34

  	
   

  	
  15.65

  	
   

  
	
  Semi-Skilled
  A

  	
   

  	
  14.65

  	
   

  	
  14.94

  	
   

  	
  15.24

  	
   

  
	
  Semi-Skilled
  B

  	
   

  	
  14.37

  	
   

  	
  14.66

  	
   

  	
  14.95

  	
   

  
	
  Unskilled

  	
   

  	
  14.15

  	
   

  	
  14.43

  	
   

  	
  14.72

  	
   

  
	
  Hiring
  Rate

  	
   

  	
  8.60

  	
   

  	
  8.77

  	
   

  	
  8.95

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  0%
  increase

  	
   

  	
  2%
  increase

  	
   

  	
  2% increase

  	
   

  



 


19

















 


INDEX


 


	
   

  	
  Sections

  
	
  Apprentices

  	
  11C

  
	
  Bereavement Pay

  	
  31

  
	
  Call-In Pay

  	
  4

  
	
  Change of Operations

  	
  12,
  21

  
	
  Check-off

  	
  3

  
	
  Christmas Bonus

  	
  20B

  
	
  Covered Employees

  	
  1

  
	
  Discharge

  	
  8,
  22

  
	
  Division of Work.

  	
  16

  
	
  Employee

  	
  1

  
	
  Foreman

  	
  13D,
  26C, 33G

  
	
  General Lay-off

  	
  27

  
	
  Grievance Procedure

  	
  4D,
  17

  
	
  Health

  	
  5,
  9, 25

  
	
  Hiring

  	
  2
  E, F

  
	
  Hiring Rates

  	
  11B

  
	
  Holidays

  	
  19

  
	
  Hourly Rates.

  	
  11B,
  12

  
	
  Hours of Work.

  	
  10,
  16

  
	
  Injured and Aged Employees

  	
  9

  
	
  Instructors.

  	
  14

  
	
  Insurance

  	
  25

  
	
  Jury Duty Pay

  	
  30

  
	
  Layoff

  	
  27

  
	
  Leave of Absence

  	
  18,
  23

  
	
  Lockout.

  	
  4

  
	
  New Operations &
  Methods Changes

  	
  12,
  21

  
	
  Overtime

  	
  10
  D-E

  
	
  Pension

  	
  26

  
	
  Safety

  	
  5

  
	
  Seniority

  	
  13,16

  
	
  Shop Chairman

  	
  28

  
	
  Shop Rules

  	
  6,
  9

  
	
  Sick Leave

  	
  32

  
	
  Strikes

  	
  4

  
	
  Terminations

  	
  8,
  22

  
	
  Termination and Renewal.

  	
  34

  
	
  Transfers

  	
  13

  
	
  Trial Period

  	
  7

  
	
  Tuning Department

  	
  10C

  
	
  Union Activities

  	
  3,
  33B

  
	
  Union President

  	
  16,
  17, 33B

  
	
  Union Security

  	
  2

  
	
  Vacations

  	
  20

  
	
  Veterans

  	
  18

  
	
  Wages

  	
  11

  
	
  Work Records

  	
  15

  
	
  Work & Seniority

  	
  16

  
	
  Workweek

  	
  16

  



 


20

















 


Notes


 


21