Agreement Between





 

 

 

 

 

 



Agreement Between






 






 






 






 






 






 






 







UNITED STEELWORKERS  



 



AFL-CIO-CLC



 



On behalf of USW



 



AMALGAMATED LOCAL #4






 






 







and






 






 






ROCK OF AGES CORPORATION






Quarry Division












 












 












 












 












 












 












 












 












 












April 25, 2009 - April 27, 2012












 












 












 












 


 











Table of Contents

 


AGREEMENT
...............................................................................................................................
4


ARTICLE 1Term
...........................................................................................................................
4


           
1.1 Term
..............................................................................................................................
4


ARTICLE 2 Hours of Work
- Overtime
.......................................................................................
4


           
2.1 Hours
............................................................................................................................
4


           
2.2 Overtime and Premium Pay
.........................................................................................
4


           
2.3 Call-In Pay
....................................................................................................................
5


           
2.4 Subcontract
...................................................................................................................
5


           
2.5 Absence from Work
.....................................................................................................
5


ARTICLE 3
Interdivisional Job Opportunities
............................................................................ 5


           
3.1 Layoff
...........................................................................................................................
5


           
3.2 Maintenance Operations
.............................................................................................
6


ARTICLE 4 Wages
........................................................................................................................
6


           
4.1 Wage Increases and Minimum Wages
....................................................................... 6


           
4.1(a) Job categories
..........................................................................................................
6


           
4.2 Maintenance of Personal Rate
....................................................................................
7


           
4.3 Learner and Bid Rate
..................................................................................................
7


           
4.4 Wage Adjustment
........................................................................................................
7


           
4.5 Period of Experience
....................................................................................................
8


           
4.6 Shift Differential
..........................................................................................................
8


           
4.7 Supplemental Provisions
...............................................................................................8


           
4.8 Partners in Productivity Program
.............................................................................. 10


           
4.9 Jury Duty
....................................................................................................................
11


ARTICLE 5 Military
Service
......................................................................................................
11


           
5.1 Military Service
..........................................................................................................
11


ARTICLE 6 Holidays
..................................................................................................................
11


           
6.1 Paid Holidays
.............................................................................................................
11


ARTICLE 7 Vacation
..................................................................................................................
12


           
7.1 General
.......................................................................................................................
12


           
7.2 Vacation Payments
....................................................................................................
14


           
7.3 Amount of Vacation
...................................................................................................
14


ARTICLE 8
Bereavement/Birth of a Child
...............................................................................
16


           
8.1 Bereavement Pay
......................................................................................................
16


           
8.2 Birth of a Child
..........................................................................................................
16


           
8.3 Five (5) Days
..............................................................................................................
16


           
8.4 One (1) Day
................................................................................................................
16


ARTICLE 9 Group
Insurance
....................................................................................................
16


           
9.1 Group Insurance
........................................................................................................
16


           
9.2 Benefits
......................................................................................................................
16


           
9.3 Contributions
..............................................................................................................
18


           
9.4 Disability
.....................................................................................................................
19


           
9.5 Retired Employees
.....................................................................................................
19


           
9.6 Consultant
...................................................................................................................
19

 

 

1

 







 

 

 


           
9.7 Insurance Objectives
.................................................................................................
19


           
9.8 Delinquency
................................................................................................................
19


           
9.9 Workers Compensation
.............................................................................................
20

ARTICLE 10 Pension
Plan Agreement
.......................................................................................
20


           
10.1 Merger of the Pension Plan
......................................................................................20


           
10.2 Incorporated Documents
..........................................................................................20


           
10.3 Contribution Rate
.................................................................................................... 20


           
10.4 Covered Employees..................................................................................................21


           
10.5 Hours Worked...........................................................................................................21


           
10.6 Payment of Contributions.........................................................................................21


           
10.7 Coverage - Newly Hired Employees Not Previously Covered............................. 21


           
10.8 Coverage - Newly Hired Employees Who Were Previously Covered.................. 21


           
10.9 Contribution Reports and Data................................................................................ 21


           
10.10 Delinquent Employers.............................................................................................21


ARTICLE 11 401(k) Plan
............................................................................................................
22


           
11.1 401 (k) Plan
...............................................................................................................
22


ARTICLE 12 Seniority
................................................................................................................
22


           
12.1 Seniority
....................................................................................................................
22


           
12.2 Seniority Rosters
......................................................................................................
24


           
12.3 General Leave of Absence
.......................................................................................
24


           
12.4 Transferring out of the Bargaining Unit
.................................................................. 24


           
12.5 New Employees
........................................................................................................
24


           
12.6 Seasonal Winter Layoff
...........................................................................................
24


           
12.7 Quarry
Preference.....................................................................................................25


ARTICLE 13 Bonus Plan
............................................................................................................
26


           
13.1 Bonus Plan
................................................................................................................
26


           
13.2 Bonus Plan Payments
...............................................................................................
26


ARTICLE 14 Union
Security
.......................................................................................................
27


           
14.1 Mandatory Membership
..........................................................................................
27


           
14.2 Location of Stewards
................................................................................................
27


ARTICLE 15 Check-Off
..............................................................................................................
27


           
15.1 Check-Off
..................................................................................................................
27


           
15.2 Close-Out
..................................................................................................................
27


           
15.3 Dues Penalty..............................................................................................................27


ARTICLE 16 Dispute
Settlement
...............................................................................................
28


           
16.1 Dispute Steps
............................................................................................................
28


           
16.2 Company Grievances
...............................................................................................
28


           
16.3 Signed Grievances
....................................................................................................
28


           
16.4 Rules
..........................................................................................................................
29


ARTICLE 17 Reserve for
Inclement Weather - Power Failure
................................................. 29


           
17.1 Reserve Hours
..........................................................................................................
29


           
17.2 Power Failure
............................................................................................................
30


ARTICLE 18
Non-discrimination
................................................................................................
30


           
18.1 Non-discrimination
...................................................................................................
30

 

 

2







 

 

 


ARTICLE 19 Union
Representatives
.........................................................................................
31


           
19.1 Union Representatives
.............................................................................................
31


ARTICLE 20 Suspension of
Operations
.....................................................................................
31


           
20.1 Suspension Notice
.....................................................................................................31


ARTICLE 21 LABOR
MANAGEMENT TEAM
...................................................................... 31


           
21.1 LMT Formation
........................................................................................................
31


ARTICLE 22 Safety Rules
..........................................................................................................
32


           
22.1 Safety Issues
.............................................................................................................
32


           
22.2 Safety Glasses
...........................................................................................................
32


           
22.3 Safety Shoes and Gloves
...........................................................................................
32


           
22.4 Rock Drilling
..............................................................................................................
33


ARTICLE 23 Management's
Rights
............................................................................................
33


           
23.1 Management Rights
..................................................................................................
33


ARTICLE 24 Temporary
Transfers
.............................................................................................
33


           
24.1 Temporary Transfers
................................................................................................
34


ARTICLE 25 Smoking
..................................................................................................................
34


           
25.1 Smoking Policy
..........................................................................................................
34


ARTICLE 26
Discipline/Discharge
.............................................................................................
34


           
26.1 Discipline & Discharge
............................................................................................
34


           
26.2 Written Warnings
.....................................................................................................
34


ARTICLE 27 Summer
Employees
..............................................................................................
35


           
27.1 Summer Help
............................................................................................................
35


ARTICLE 28 Bethel
Quarry........................................................................................................35


           
28.1 Bethel Quarry Travel
Expense.................................................................................35


 

SIGNATORY PAGE
.....................................................................................................................36


 

HOLIDAY
CALENDAR...............................................................................................................37


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


3

 

 






 

 


AGREEMENT




 




Agreement
entered into as of  April 25, 2009  by and between ROCK OF AGES Corp. - Quarry
Division  ("The Company"), its successors and assigns, and the UNITED
STEELWORKERS, AFL-CIO‐CLC, on behalf of Amalgamated Local #4  ("The
Union"). In consideration of the mutual covenants herein contained, it is
agreed as follows:




 




 




ARTICLE 1


Term




 




1.1 Term 




 



This Agreement shall be effective April 25, 2009 and shall continue in full
force and effect through April 27, 2012 and from year to year thereafter, unless
either party gives notice to the other, not less than sixty (60) days prior to
April 27, 2012 or prior to April 27 of any year thereafter, that it desires to
alter, amend or terminate any or all of the terms hereof.




 




 




ARTICLE 2


Hours of Work -
Overtime


 


2.1 Hours


 


The normal work
week will be eight (8) hours per day and forty (40) hours per week, Monday
through Friday.   Normal work hours are 7:00 am to 12:00 Noon and 12:30 pm to 3:30 pm.




 




Employees are to
be in the riding box or walking into the hole at 7:00 a.m. and 12:30 p.m.  The riding box shall be on top at 12:00 Noon and 3:30 p.m.




 




Hours of work
are subject to change by mutual agreement between the Company and a majority
vote of Union Members or by mutual agreement by a majority vote of the Union
Members in a particular area and the Company, after a vote is taken supervised
by the Union President or designee. For purposes of this section, Bethel and Barre shall be considered separate areas. Areas within Barre will be considered
when requested by the parties.




 




2.2 Overtime and
Premium Pay




 


(a) Employees
shall receive time and one‐half pay for all hours worked outside the
regular working hours as prescribed in Section 2.1 and for time worked during
the normal lunch period. Employees who work on Saturdays shall receive time and
one‐half pay.  Work shall be regarded as being performed on Saturday only
if an employee's shift begins on Saturday. Employees who work on a Sunday or
New Year's Day shall receive double time pay for hours worked.




 




Employees who
work on a paid holiday shall receive holiday pay plus double time pay for hours
worked.








 








 








 








4

 

 






 

































(b) Overtime
will be distributed as equitably as possible and will be assigned to employees
who regularly work in the area requiring the overtime, unless special circumstances
prevent such assignments. If unassigned work is to be performed,
"area" refers to a specific quarry, such as Rock of Ages, Smith's,
etc. The Company will make every effort to give as much advance notice as
possible when overtime is required, giving tentative notice by Wednesday of the
week for which Saturday work is necessary, except in emergency circumstances.


 


2.3 Call‐In Pay


 


If an employee
is called back for unscheduled work at the specific request of the Company, he
will be guaranteed pay as follows:




 




(a) If called to
work on a Sunday or holiday, the equivalent of a minimum of three (3) hours'
straight time pay at his regular hourly rate, or




 




(b) If called to
work on a Saturday or a scheduled non‐work week day, the equivalent of a
minimum of two (2)  hours' straight time pay at his regular hourly rate.




 




2.4 Subcontract




 


The Company may
subcontract work, provided the intent is not to deprive employees of their
normal employment.




 




2.5 Absence from Work




 


Employees are obligated to give notice to the Company on
the day they are not able to report to work.  The
employee must make every reasonable effort to notify the company before the
start of their regular scheduled work shift and include the reason for absence
or lateness.  The phone number listed below will have voice mail capability and
time recognition feature so that in the event it is not immediately answered,
then a message can be left by the employee.  An absence of three (3)
consecutive scheduled workdays without notifying the Company will subject the
employee to discipline, up to and including discharge. The quarry phone number
is 802‐476‐ 2233.




 




 




ARTICLE 3


Interdivisional
Job Opportunities


 


 


3.1 Layoff


 


In the event of
a layoff of employees covered by this contract and if the Company has need for
additional manpower in any of its other divisions in Barre or Bethel who are
covered by contracts with the Union, the Company will offer these positions to
the laid‐off employees by seniority subject to ability and physical
fitness and a sixty (60) day, probationary period. The employee selected may
accept the position offered or elect to take the layoff. During the
probationary period, the successful employee may revert to layoff status at his
option. If the position available is covered by a different contract, the
employee shall not be required to change groups unless he is not returned to
his former position within twelve (12) months.










 










 










5























































The employee
shall suffer no loss of seniority for such assignment when he is returned to
his former position.  Employees will be returned to their former positions by
seniority if and when work becomes available.













 




It is contemplated
that the employees choosing to work in a new division will be assigned entry
level positions. If the employee is assigned to a classification higher than
laborer, grouter, plant sweeper, tool grinder or quarryman, the employee shall
not hold the position for more than sixty (60) days without the consent of the Union. Those accepting assignment in another division will be the lowest in seniority in
that division. 




 




If an employee
does not honor a recall notice to his former position, or is employed in the
new division for more than twelve (12) months, his seniority in his prior
division shall be lost and his seniority date in his new division shall be his
start date with that division except if otherwise agreed by the Company and Union.




 




The Company and
the Union agree that as a new and untested provision, either the Union or the Company may cancel this provision with thirty (30) days' prior written notice
of cancellation.




 




3.2 Maintenance Operations




 


The Company has
two (2) maintenance groups, one at the plant division (manufacturing plant,
press roll plant and saw plant) and the other at the quarries division. The Union understands that there is a need for flexibility at the Company to assure that all
equipment operates efficiently and timely. The Company understands that the
seniority of both maintenance groups must be separate and that maintenance
employees will normally work in their division.




 




The Company and Union agree that the Company may assign maintenance employees in one (1) division to work
temporarily in the other division. The word temporarily is understood and
agreed to cover sickness, vacations, injuries, operational emergencies, and/or
the scope and duration of a particular project or projects.  It is not the
intent of the Company to displace or replace a maintenance person in one (1)
division with a person in another.




 




In the event the
 Union believes the Company has not complied with this provision, the Union may bring the situation in question to the LMT for resolution. If the matter cannot
be resolved by the LMT, the Union shall have the right to grieve it.




 




 




ARTICLE 4


Wages


 


 


4.1 Wage Increases and Minimum
Wages


Effective, April
26, 2009 the wage rate shall be: $19.45


Effective, May
2, 2010 the wage rate shall be: $19.95


Effective, May
1, 2011 the wage rate shall be: $20.45




 




 




 




4.1(a) Job categories


 




 




 




 




6






















































 


Quarry- Direct                                                          Quarry
-Service & Service Misc.                 


Derrick man*                                                              Bar
Mechanic/Hoist Mechanic/Bit Grinder*


Hoist operator*                                                           Machinist*                                                      


Equip. operator*                                                         Welder*                                  


Powderman*                                                               Mechanic*


Expeditor                                                                    Piper*


Quarryman / Drill Operator /
Wiresaw Operator          Head Rigger 


                                                                                   Electrician*                 


                                                                                   Compressor
Operator/Utility Truck Driver*   


                                                                                  
Rigger/Carpenter*       


 


*Post for
openings      


 




 


Definitions: Expeditor


 


An expeditor will not be allowed
to hire, fire or discipline other employees. An expeditor can take the place of
the foreman on a temporary basis when the foreman is absent. Normally, the
expeditor will perform his regular job and assist the foreman as required to
direct production and work flow. 




 




An expeditor may not take the
place of a worker or perform production work during the specific time that he
is taking the place of an absent manager.  However he may demonstrate the use
of any tool of the trade for instructional purposes.




 




Expeditor wage premium: An
expeditor will receive at least $2.00/hr. over the minimum set wage for the
quarry when performing this job.       




 


 


4.2 Maintenance of Personal
Rate


 


All employees
receiving more than the minimum wage rate  (effective May 3, 1997) for their
job will retain that difference as a personal rate for the length of this
contract unless they move to a different job, quit, terminate or retire from
the Company.


 


4.3 Learner and Bid Rate


 


(a) A newly
hired employee shall be classified as a learner and be paid a rate of 80% of the
applicable journeyman rate for the first (1st) calendar year and 90%
of the applicable journeyman rate for the second (2nd) calendar year.
At the end of two (2) years the employee will receive the minimum set wage for
the quarry. 




 




(b) Any employee
who successfully bids from one (1) job classification to a new job
classification (except Learners) will be paid thirty cents ($.30)  per hour
less than the minimum wage rate for a period of one (1)  year from the date of
assuming the new position and thereafter will be paid the full rate.




 




Any Learner
subject to Section 4.3 (a) above shall be paid the lower of the rates
determined in accordance with Section 4.3 (a) or the rate under this section.




 




 





7


























































4.4 Wage Adjustment













 


If at any time
during the existence of this Agreement a wage increase should be granted, any
employee receiving more than the minimum wage as provided in this Agreement
shall receive the same wage adjustments but for no reason shall his wages be
reduced before making said adjustments.




 




 




4.5 Period of Experience 




 


Experience shall
be based on time worked in a job position. All time worked in the position as a
spare operator will be counted in determining the period of experience.




 




 




4.6 Shift Differential




 


Any employee on
a second (2nd) or third (3rd) shift operation shall be paid a shift
differential of seventy-five cents ($.75) per hour each hour worked.


 


 


4.7 Supplemental Provisions


 


(a) Only
employees qualified under the "Safe Explosives Act of 2002" and all other
explosives regulations, local, state and federal may handle explosives in any
manner. When an employee is awarded the position of Powderman, the employee
will receive the seventy-five cent ($.75) per hour premium during the entire
time the employee holds the position. In the event the employee no longer holds
the Powderman position, the premium of $.75 per hour will be discontinued. 




 




            (b) Any employee
shall be furnished a competent helper when needed.




 




(c) At all times
when piping is being performed from the box, two (2) men shall be employed,
one (1) of whom shall be from the area where the work is being performed.




 




(d) Employees
shall be given time to reach a place of safety before battery is touched off.




 




(e) While
employees are performing work in a quarry hole, other than pipe line thawing
and general maintenance, a hoist operator and derrickman are to be on duty
unless otherwise agreed upon by the Union.




 




(f) It is
mutually agreed by both parties that types of labor performed for which no
classification or minimum wage rates have been fixed can at any time be opened
by either party and submitted to the negotiating committees of the Union and
Company. The decisions of the conferees shall be subject to ratification by the
Company and the Union.




 




(g) A foreman or
assistant foreman may not take the place of any worker or perform any
production work; he may, however, demonstrate the use of any tool of the trade
for instructional purposes.




 




(h) The Company
shall have at least the minimum, and not more than the maximum spare assignees
set forth below:






 








 


8



















































Quarry- Direct           min/max          Quarry-
Service & Service Misc.                 


Derrick man    2/6                               Piper    1/3                               


Hoist operator  3/6                                                      


Equip. operator   3/6                           Rigger
(aloft)/Carpenter  1/4


                                                           Compressor
Operator/UtilityTruck Driver 1/3


                                               Bit
Grinder 1/1


                                              
Carpenter 1/1


 


 




All spare
positions will be filled in accordance with the provisions of Article 12. The
first person bidding for the spare position shall be designated the # 1 spare,
the second person bidding for the spare position in the same classification
shall be designated the #2 spare, and so forth. In the event of a permanent
opening in the classifications listed, the #1 spare shall be entitled to the
permanent position. In the event the #1 spare refuses the permanent position,
that employee drops to the bottom of the spare list. The permanent position
will then be offered to each spare on the list in numerical order and each
spare refusing the permanent position will likewise drop to the bottom of the
spare list for that classification until the position is filled. If none of the
spares take the position, the permanent position will be filled in accordance
with the provisions of Article 12. If a permanent position having spares is
eliminated, the man eliminated from the permanent position shall become the #1
spare. In such event, the maximum number of spares shall be increased by the
number of permanent jobs eliminated. Any employee whose job is eliminated and
becomes a spare shall not be required to drop any other spare position he may
hold. For purposes of filling any temporary position, the Company may use any
spare on the spare list for that classification. 




 




The Company will
not use employees other than spares to fill the temporary openings in the
applicable classification, unless the spares for a particular classification
are being utilized in that classification or are absent from work due to
vacation, sickness, on‐the‐job injury or off‐the‐job
injury or for any other reason.




 




(i) Pay day
shall be weekly.  Payment for all work done in any given week shall be made not
later than Friday of the following week.  All discharged employees will receive
their pay by cash or check the day they are discharged.  All laid‐off employees
are to receive pay by check or in cash on the regular pay day for the week of
the layoff in person or by mail at the option of the employee. An employee
leaving shall notify the Company and having complied with this requirement
shall receive his pay in cash or check on the regular pay day for the week of
separation in person or by mail at the option of the employee.




 




(j) Employees
who through infirmity or other reasons are not able to earn the wage given in
this Agreement may work for such wages as may be satisfactorily agreed upon
between the employee, the Union and the Company.




 




 




 




 




 




 




 




 




 




 




 




 




9

 























 




4.8
Partners in Productivity Program
































Each regular, full-time Employee (excluding summer employees) shall be
entitled to participate in an incentive program providing for monthly and
annual payments for production efficiency.  For the months of March through
December (inclusive) each year, the Company will pay each Employee a monthly
payment of $1.00 for each .01 cubic foot of saleable cubic feet of granite
produced in the Barre and Bethel quarries per man hour worked in that month in
excess of 4.3 saleable cubic feet per man hour worked.  Payment will be made
not later than the second (2nd) weekly pay period after the close of the month.











 




In addition to
the monthly payment the Company will make an annual incentive payment to each
Employee for the ten (10) month period of fiscal March through December equal
to $25.00 for each .01 of saleable cubic feet produced per man hour worked in
the ten (10) month period in excess of 4.3 cubic feet per man hour worked.




 




The total annual
incentive payment, including monthly and year-end payouts, shall not exceed
$4,500.




 




The months of
January and February are excluded from both the monthly and annual incentive
plan due to adverse weather conditions and probable layoffs in those months.




 




Monthly saleable
cubic feet produced per man hour worked shall be determined by dividing the
total saleable cubic feet quarried from the Company's Barre and Bethel, Vermont
quarries each month from the beginning of fiscal March through the last day of
quarry work in fiscal December by the total hours worked by the Employees
covered by this Agreement during that month. 




 




The annual
payment will be based on total saleable cubic feet quarried and total hours
worked for all ten (10) months. Total saleable cubic feet quarried shall be as
determined by the Company and reflected on its books of account. Hours worked
shall not include vacations, holidays, call out time or other paid, but
unworked hours. 




 




The President,
or his approved designee, Treasurer and Staff Representative of the Union shall have the right to inspect the quarry production, quarry payroll and quarry
hours worked records of the Company to verify the calculations under this
section.




 




The annual
payment will be made on the last work day before the annual Christmas holiday
with any inquired adjustment for that last day being paid within seven (7)
days. Payment will be prorated to the nearest one hundredth (.01) of a cubic
foot.




 




Employees who
quit or are terminated during the year shall not be entitled to any payment
under this program. Employees who retire during the year or are absent due to
an on‐the‐job or off- the‐job injury shall receive a pro rata
share based on months worked during the year.




 




Employees who
retire during a month or are absent due to an on‐the‐job or off‐the‐job
injury shall receive the monthly payment on a pro rata share based on days
worked in the month, except a person who is injured on the job will receive the
full monthly payment for the month the injury occurred. In addition, absence
due to vacation, holiday or bereavement will not be considered as time away
from the job for purposes of the monthly payment.






 






 






 






 






 







10






 










































 











4.9
Jury Duty











 


An employee who is required to report for jury duty on a day when he
otherwise would have worked shall receive a day's regular straight‐time
pay for up to a maximum of twenty (20) days per calendar year. The Company can
require verification of jury duty served.




 




It is understood
that if an employee is released from jury duty so that he can reasonably report
for work at least three (3) hours before the end of his scheduled shift, he
must report for work on that day.




 




 




ARTICLE 5


Military Service




5.1 Military Service




 


 Employees' rights
shall not be forfeited because of military service with the government.  The
Company agrees to abide by national laws covering rehiring of veterans.




 




 




ARTICLE 6


Holidays


 


6.1 Paid Holidays


 


The following
holidays shall be classified as paid holidays:  the day preceding Town Meeting
Day, Town Meeting Day, Memorial Day,  Fourth of July,  Labor Day,  Rock of Ages
Employee Appreciation Day (to be observed on the Tuesday following the Monday
Labor Day), Veterans' Day, Thanksgiving Day,  Friday after Thanksgiving Day and
Christmas Day.  In addition, there shall be a paid holiday for New Year's Day,
subject to the following terms and conditions:   To be eligible for this
holiday, an employee must satisfy all eligibility requirements of this
Article.  In addition, the employee must work during the week in which the New
Year's holiday falls. Payment of the Christmas holiday does not affect
eligibility for the New Year's holiday.  




 




No holiday pay
will be granted until an employee has been in the employ of the Company for a
period of at least thirty (30) calendar days.  If an employee quits before he
has thirty (30) working days' service, no holiday pay is due.  If he is laid
off or discharged through no fault of his own before he has accumulated thirty
(30) working days' service, any holiday which fell within the period of his
employment and discharge or layoff becomes due and payable.   After thirty (30)
days' service, any holiday which falls within the first thirty (30) days after
a layoff becomes due and payable to the laid‐off employee.




 




During the week
of a paid holiday, the employee must work a minimum of a full scheduled work
week excluding the holiday or holidays less one (1) scheduled workday.
Exceptions to the above rule can be made only by prior arrangements with
management. Sickness during the week of holiday shall not disqualify an
employee if he has notified his employer.




 




When a holiday
falls within an employee's vacation week, the employee shall receive pay for
that day in addition to vacation pay.






 






 







11






 






 












































If a man is
injured on the job, he shall be eligible for holiday pay for one (1) year or as
long as he is receiving Worker's Compensation provided his doctor states he
will return to work.











 




A man absent
because of an off‐the‐job accident or sickness shall be eligible
for paid holidays for one (1) year during such time as he is eligible to draw
accident and health benefits under the present health and welfare plan and/or
Social Security disability benefits.




 




In the event of
a State or Federal law affecting the date on which holidays are celebrated, the
parties hereto will negotiate with respect to appropriate changes in this
Article with the understanding that the number of holidays will remain the same
as set forth above.




 




Employees who
are laid off during either of the weeks in which Town Meeting days or
Thanksgiving falls shall not be eligible for holiday pay in those weeks. 
Instead, such employees must as individuals report to work on the first work
day following the conclusion of any such layoff and such employees may
collectively and mutually agree with the Company on days when they will take
personal days off with pay if they were otherwise eligible for the holiday pay.
Such personal days must be taken within thirty (30) days after the first work
day following the conclusion of the layoff in question and if mutual agreement
is not reached, the employees will receive pay in lieu of any holidays to which
they were entitled.




 




 


ARTICLE 7


Vacation


 


7.1 General


 


The vacation
period will be May 1 to May 1.  Employees will be required to use a full week
of vacation during the week of July 4th if the company chooses to
shut down that week.  After the first week, or including the first week if the
company chooses to remain open the week of July 4th, each employee
shall have free choice in selecting his vacation time, and such choice will be
allowed insofar as possible. Applications for vacation shall be made to
management by May 15 of each year. The company will notify employees of their
intention to close the quarries for the week of July 4th prior to
the May 15th vacation request deadline.  If the Company has not denied the
employee's vacation request by June 1, the employee will be granted his
requested vacation period, except in emergency situations.  Employees who fail
to submit a vacation request prior to May 15 will lose their right to a
resolution of conflicts by seniority as set forth in the following paragraph.




 




Whenever there
is a conflict in dates among employees putting in for vacation time, the
employee with the longest service with the Company shall have priority, unless
the Company is able to show that the employee's presence during the requested
period is indispensable.




 




Vacations shall
be taken in periods of seven (7) consecutive days within one (1) vacation
period.






 






One (1) weeks'
earned vacation, meaning time away from the job, shall be compulsory. The above
requirements may be modified by agreement between the Company and the employee
and a copy of same shall be given to the Union. The requirement for compulsory
vacation, meaning time away from the job, shall not apply to any employee who
has not worked for eight (8) consecutive weeks as a result of layoff, injury or
sickness.






 






Vacations will
be granted to employees who have fulfilled the following requirements prior to
May 1:




 






 







12

















































(a) Employee
must have worked ninety (90%) percent or more of the regular hours worked by
the quarries during his period of employment for the twelve (12) months
preceding May 1, the start of the vacation period, to be eligible for full
vacation earned.




 




(b) Three‐fifths
(3/5th) of full vacation earned if employee has worked eighty (80%) percent of
the quarry hours schedule.




 




(c)  No vacation
earned if employee has worked less than eighty (80%) percent of the quarry
hours scheduled.




 




Temporary layoff
of sixty (60) days or over, USWA strike time, or shutdowns due to business
conditions do not count as earned time but do not terminate length of
accumulated service.




EXAMPLE: A man
works two (2) years for one (1) employer and then is laid off for a period of
nine (9) months.   At the end of the nine (9) months he returns to work for the
same employer and works two (2) more years.  His earned time is four (4) years.




 




An employee who
has been employed by the Company for at least six (6) months shall be credited
with up to a maximum period of one (1) year, for time lost because of the
employee's sickness as earned time and accordingly the employee will be paid
vacation pay.  An employee who loses time up to one (1) year due to sickness,
and receives vacation pay therefore shall on return to work where last employed
be entitled to vacation pay only for such time that he actually works.




 




EXAMPLE: A man
works two (2) years and three (3) months for the Company and then is absent
from work for nine (9) months because of sickness. At the end of the nine (9)
months' sickness he returns to work. The earned time is three (3) years. If,
after receiving vacation pay, he then only works another two (2) months, he is
entitled to 2/12ths of one (1) week's vacation; six (6) months, 6/12ths of one
(1) week, and so forth. Time lost by quarry shutdown, inclement weather, or
absence sanctioned by management in writing shall not be deducted from an
employee's earned time.




 




7.2
Vacation Payments




 


Payments for vacation pay to employees entitled to one (1) weeks'
vacation or fraction thereof will be made in advance. Vacation pay for the
second (2nd) and third (3rd)  week's vacation or fraction
thereof  will be made in advance of the time off or may be paid in lieu of time
off  as follows:  Second (2nd)  week or fraction ‐ first regular pay day
after return to work from time‐off vacations. Third (3rd)  week or
fraction ‐ regular pay day preceding Christmas Day but at least one (1)
week before Christmas Day.






 






Such vacation
(time off) or vacation pay shall be paid at the straight  time hourly rates of
pay (excluding a shift premium) in effect for said employees at the time of
taking vacation or receiving fractional vacation pay upon separation from
employment.  In figuring all earned vacation, a percentage of the regular
straight‐time hours worked during the year preceding May 1 will be used
to determine the vacation pay.  Overtime is not to be used in computing
vacation time.






 






 






 






 






 






13


























































 











 


 7.3 Amount of Vacation


 


Vacations will
be granted to employees as follows:




 




 




(a) First Week.
One (1) week's vacation or fraction thereof will be granted employees with less
than one (1) year of industry service on May 1 based upon the number of months
he has been employed in accordance with the table below. This will establish
him on a May 1 to May 1 basis for future vacation calculations.




 




 




Length of
Industry Service                                             Vacation




1 mo.               1/12
of a week                                      3.3 hours


2 mos.              2/12
of a week                                      6.6 hours


3 mos.              3/12
of a week                                    10.0 hours


4 mos.              4/12
of a week                                    13.3 hours


5 mos.              5/12
of a week                                    16.5 hours


6 mos.              6/12
of a week                                    20.0 hours


7 mos.              7/12
of a week                                    23.1 hours


8 mos.              8/12
of a week                                    26.4 hours


9 mos.              9/12
of a week                                    30.0 hours


10 mos.            10/12
of a week                                  33.0 hours


11 mos.            11/12
of a week                                  36.3 hours


12 mos.            1
week                                                 40.0 hours




 




 




(b) Second
Week.  Employees with one (1) or more years of industry service on May 1 shall
be entitled to two (2) weeks' vacation or any fraction thereof computed in
accordance with the following table.




 




 




Length of
Industry Service                                             Vacation




1 mo.               1/12
of 2 weeks                                     6.5 hours


2 mos.              2/12
of 2 weeks                                   13.3 hours


3 mos.              3/12
of 2 weeks                                   20.0 hours


4 mos.              4/12
of 2 weeks                                   26.6 hours


5 mos.              5/12
of 2 weeks                                   33.3 hours


6 mos.              6/12
of 2 weeks                                   40.0 hours


7 mos.              7/12
of 2 weeks                                   46.6 hours


8 mos.              8/12
of 2 weeks                                   53.3 hours


9 mos.              9/12
of 2 weeks                                   60.0 hours


10 mos.            10/12
of 2 weeks                                 63.6 hours











11 mos.            11/12
of 2 weeks                                 73.3 hours       


12 mos.            2
weeks                                               80.0 hours




 

 

 


 





14




 




 



































(c) Third Week.
Employees will be granted a third (3rd) week's vacation or fraction thereof
computed on a May 1 to May 1 basis beginning the second (2nd) May of his
continuous employment in the industry as follows:




 




 




2nd May    
-     1 day     -      8 hours


3rd May     
-     2 days   -    16 hours     


4th May     
-     3 days   -    24 hours 


5th May     
-     1 week  -    40 hours




 




 




(d) Fourth
Week.  Employees will be granted a fourth (4th) week's vacation computed on a
May 1 to May 1 basis beginning with the twenty‐fifth (25th) May of his
continuous employment with the Company. 




 




 




Effective May 1,
1996 employees will be granted a fourth (4th) week's vacation or fraction
thereof computed on a May 1 to May 1 basis beginning with the twenty‐first
(21st) May of his continuous employment with the Company as follows:




 




21st May    
-     1 day     -      8 hours


22nd May   
-     2 days   -     16 hours


23rd May   
-      3 days   -     24 hours


24th May   
-      4 days   -     32 hours


25th May   
-      5 days   -     40 hours




 




 




For the purpose
of this Article, an employee's industry service shall be deemed terminated in
the event the employee voluntarily leaves the industry.




 




          For the purposes of
computing vacation pay or fractions thereof, an employee hired on or before the
fifteenth (l5th) day of a month shall be credited with full pro rata vacation
pay otherwise attributable to that month, and an employee hired after the
fifteenth (l5th) day of a month shall not be credited with any pro rata
vacation for that month. An employee whose employment terminates on or after
the fifteenth (15th) day of a month shall be credited with full pro rata
vacation pay otherwise attributable to that month. An employee whose employment
terminates before the fifteenth (15th) day of a month shall not be credited
with pro rata vacation for that month.




 




EXAMPLE: A man
comes to work on February 13, 1980. On May 1, 1980, he has completed three (3) months of employment and he is entitled to fractional vacation pay of 3/12ths of
one (1) week. On May 1, 1981, the second (2nd) May of his employment he is
entitled to two (2) weeks and one (1) day. On May 1, 1982, he would be entitled to two (2) weeks and two (2) days; May 1, 1983 ‐ two (2) weeks and three (3) days; and May 1, 1984 ‐ three (3) weeks. It is assumed in this
example that the man worked at least ninety percent (90%) of the scheduled
hours worked by the quarry during each of the applicable twelve (12) month
periods. If he has worked eighty (80%) percent of the time, he will receive
three‐fifths (3/5ths) of the vacation pay otherwise due.  




 




 




 




 




 




 





15




 




 














































An employee who
is laid off, discharges or quits is to be allowed vacation benefits prorated 


according to his months of
service; for example, one (1) month = 1/12th;  three (3) months' =3/12ths; ten
(10) months' = 10/12ths, etc.




 




 




 


ARTICLE 8


Bereavement/Birth
of a Child


 


8.1 Bereavement Pay


 


In the event an
employee suffers the death of his brother, sister, stepmother, stepfather,
stepson, stepdaughter,  spouse's father, spouse's mother, spouse's stepmother
or stepfather, the employee shall be allowed up to three (3) days off with pay,
at the straight time hourly rate of pay.  If interment is postponed to a later
date and occurs during the employee's scheduled work day, the employee may take
one (1) of the three (3) foregoing days off with pay on the day of interment.




 




 




8.2 Birth of a Child




 


An employee will
be entitled to a day off with pay for the birth of the employee's biological
child or adoption.


 


 


8.3 Five (5) Days


 


In the event an
employee suffers the death of their spouse, child, mother, father or
grandchild, the employee shall be allowed up to five (5) days off with pay, at
his rate of pay. 




 




 




8.4 One (1) Day




 


 In the event an
employee suffers the death of their "significant other", the employee shall be
allowed one (1) day off with pay, at his rate of pay.  If an Employee attends
the funeral of his grandparent or the grandparent of his spouse or the
employee's spouse's sister or brother, and it takes place on a day when he
otherwise would have worked, he shall not suffer a loss of any straight time
pay for that day.   




 




 




ARTICLE
9


Group
Insurance




 




9.1
Group Insurance




 


 The Company
agrees to provide group insurance to employees and dependents as set forth
herein.




 




 




 




 




 





16




 
















 




9.2 Benefits




 


(a) The health
and welfare plan administered by the Company or its administrator as selected
by the Company shall provide for benefits as follows:




 




(i)
Group Life Insurance ‐ $60,000.


































Company shall
continue to provide life insurance coverage for employees who are on laid‐off
status for up to a maximum of three (3) months.  In the case of a seasonal
layoff that exceeds three (3) months, the Company will continue to provide life
insurance coverage for those employees who will return when the quarries
reopen.  If an employee who is on seasonal layoff is notified that they are
permanently laid off, the Company will provide life insurance coverage for
three (3) months starting at the date the employee was initially put on
seasonal layoff.











 





(ii) Sickness and Accident Insurance ‐  $355.00 per week for 52 weeks with
Social Security offset for the last 26 weeks thereof;  eligibility
commences on the first (1st) day of accident or hospitalized sickness and the
fifth (5th) day of non hospitalized sickness.  Effective May 1, 2000, if an
employee qualifies for sickness and accident insurance because of five (5) days
of non hospitalized sickness and remains qualified for at least one (1)
additional week, the Company will pay the employee the current rate for the
unpaid five (5) day qualifying period.




 




(iii)
Accidental Death or Dismemberment Insurance ‐ $60,000.




 




(iv) Paid‐up
Term Life Insurance.




 




(1) Employees
with ten (10) or more years of service retiring on a regular pension will be
given a $8,000 term life insurance policy or other funding mechanism on terms
satisfactory to the Union.




 




(2) Employees
with ten (10) or more years of service retiring on an early retirement pension
will be covered by a regular $8,000 term life insurance policy or other funding
mechanism on terms satisfactory to the Union; or until age sixty‐five (65)
when it will be eliminated and replaced by a $8,000 term life insurance policy
or other funding mechanism on terms satisfactory to the Union.




 




(3) Any employee
with ten (10) or more years of service becoming totally disabled after May 1,
1981 will continue to receive coverage for the full amount of life insurance
then in effect until he becomes substantially employed, as determined by the
Company and Union, at which time the insurance will be eliminated completely;
or until age sixty‐five (65) when it will be eliminated and replaced by a
$8,000 term insurance policy or other funding mechanism on terms satisfactory
to the Union.




 




(4) The full
amount of life insurance shall apply to employees with at least ten (10) years
service, and the amount of insurance shall be prorated down by years of service
for employees with less than ten (10) years of service.




 




(5) Health
Insurance ‐  The Company shall provide four (4) health insurance plans
equivalent to the Blue Cross Vermont Health Partnership (VHP),  the Blue Cross Vermont
Freedom Plan  100 (VFP100), the Blue Cross Vermont Freedom Plan  500 (VFP500)
and the Blue Cross J Plan, subject to the following general conditions:  






 






 






 






 







17






 












































1)      Company
will provide J or equivalent plan (including vision), with employee contributions
of 19% going to 20% as of January 1, 2010..  


2)      Company
will provide VHP or equivalent plan (including vision and dental) with employee
contributions of 18% going to 20% as of January 1, 2010..  


3)      Company
will provide VFP 100 or equivalent plan (including vision) with employee
contributions of 17% going to18% as of January 1, 2010.. 


4)      Company
will provide VFP 500 or equivalent plan (including vision) with employee
contribution of 3% going to 7% as of January 1, 2010..  


5)      The
Company has the right to rate the health plans separately.  


6)      New
employees may not enroll in VHP or J plans.  If they take health insurance,
they must take a VFP plan.  They will be eligible to take other plans, if
offered, after they are with the company for six years.  


7)      Employees
who are enrolled in the J or VHP plans cannot switch between these two plans,
but may switch to a VFP plan when it is available.  Once an employee selects a
VFP plan or opts out of the health insurance plan, the employee is not eligible
for a VHP or J plan.  


8)      Employees
on either VFP Plan may purchase dental by paying 50% of the premium.  


9)      Employees
may choose to opt out of health plans and obtain a monthly stipend of $300 paid
once per month through payroll.  To be eligible, an employee must demonstrate
that he has insurance elsewhere.




 




(6) Retiree
Health Insurance - The Company will pay the full premium for health insurance
for one month for every five years of continuous service (up to a maximum of
three months) for retirees, provided they are not eligible for health insurance
through their spouse or from another employer.




 




            (b) The insurance
benefits which are provided for by the Company shall be described in a brochure
which shall be distributed to employees by the Company.  The terms and
conditions under which such benefits are provided are governed by insurance
agreements between the Company and its insurance carriers.  




 


 


9.3 Contributions


 


            The Company shall
maintain life insurance coverage for the duration of the seasonal layoff or for
a period of three (3) months, whichever is longer (provided that any seasonal
layoff that becomes a permanent layoff shall result in no more than three (3)
months coverage) and shall continue its contributions for the health insurance
coverage of a laid-off employee for the same period (provided the employee
makes his contribution if any is required).  If the employee is laid off on or
before the fifteen (15th) of a month, that month shall be considered
the first of the period; and if the employee is laid off after the fifteenth
(15th) of a month, the following calendar month shall be considered
the first (1st) of the period.  If an active employee dies, the
Company will continue health insurance coverage for qualifying survivors (if
any) for a period of three (3) months at no cost to said survivor(s).  This
provision shall not apply to employees on layoff, Workers Compensation, or
sickness and accident insurance.  To keep policies in force, both Company and
employee must pay his share while the employee is off the job because of
sickness and accident, strike or lockout or any other suspension in the
industry beyond the control of either management or labor.




 




 




18










































9.4 Disability











 


If an employee
is permanently and totally disabled, the Company shall continue its
contribution for up to six (6) months, as described in previous section
"Contributions," and thereafter, the Company will provide such health
insurance contributions (provided the employee makes his contribution, if any is
required) for five (5) years from the date when he ceased to work due to such
disability. The Company shall thereafter continue its contributions, for
individual coverage only, as long as the employee is permanently and totally
disabled, or until he reaches age sixty-five (65), whichever occurs sooner;
provided, that the Company will not make any contributions described in this
section during any period when the employee or his spouse is employed and group
health insurance benefits are available to them, or after he reaches age
sixty-five (65). The Company and Union may amend this subsection by mutual
Agreement. 




 




 




9.5 Retired Employees




 


Effective May 2, 1981, any employee who has retired between April 30, 1975 and April 28, 1990 under the provisions of the Barre Belt Granite Employer‐Union Pension
Plan shall be allowed to continue group insurance coverage in the amount of
$3,000 of term coverage, subject to any applicable insurance carrier rules and
regulations. The full cost of such coverage will be paid by the retired
employee at the group rate applicable to the term life insurance including such
insurance for retired employees being provided through the Company. The premium
is to be paid by such retired employee.




 




 




9.6 Consultant




 


The Company is
authorized to utilize the services of an impartial professional consultant as
deemed necessary to advise them concerning the proper operation of the
insurance program.




 




 




9.7 Insurance Objectives




 


The parties
agree to consider and implement by agreement health insurance cost containment
measures with a view to improving and increasing the quality and efficiency of
health care.


 


 


9.8 Delinquency


 


 If the Company
is delinquent more than thirty (30) days pursuant to this section;  if the
Union gives written notice to the Company of its intent to withhold the
services of employees; and if the Company has not cured the delinquency by the
appropriate payment or by entering into an arrangement satisfactory to the
Trustees by the sixtieth (60th) day after the delinquency began; then the Union
shall have the right to withhold the services of employees of the Company
beginning on the sixtieth (60th) day of delinquency or fifteen (15)  days after
notice from the Union, whichever occurs later, if  and as long as  the Company
is in violation of this section. For purposes of this paragraph, the Trustees
shall be deemed to have delegated the judgment concerning whether the
appropriate payment or a satisfactory arrangement has been reached to the
Administrator. In addition, the employer shall be responsible for the payment
of all wages (including interest at the legal rate in Vermont) that would have
been earned in normal working hours during any strike called on account of
delinquent contributions.




 




 


19 




 










































9.9 Workers Compensation











 


(a) If an
employee has to leave work due to a Workers Compensation injury and is unable
to return, he shall suffer no loss of straight time pay for that day.




 




(b) It is the
intent of the Company to attempt to return all employees suffering an injury on
the job to their regular job as set forth herein.  An employee disabled by a
compensable injury under applicable Workers Compensation law will be reinstated
by the Company when his or her inability to work ceases provided recovery
occurs within two (2) years of the onset of the disability.




 


An employee who
recovers within two (2) years of the onset of the disability will be reinstated
to the employee's former job or one suitable under the law given the position
the employee held at the time of the injury and the employee's ability to
safely perform the duties of the available position.  An employee shall suffer
no loss of seniority when reinstated in accordance with this Section.




 




(c) If an
employee returns to work prior to the tenth day of disability, they shall
receive pay for the second, third, and fourth day of disability.




 





(d) The Company agrees to comply with applicable laws governing unemployment
compensation and worker's compensation for employees. 




   


 


ARTICLE 10


Pension Plan
Agreement


 


10.1
Merger of the Pension Plan


 


 The Barre Belt Granite Employer - Union Pension Plan
(the "Plan") has merged with and into the Steelworkers Pension Trust (the
"Pension Trust") pursuant to the terms of a certain merger agreement (the
"Merger Agreement") between the Plan and the Pension Trust, the terms of which
are incorporate herein by reference. (Hereafter, the merger of the Plan and the
Pension Trust is referred to as the "Merger".)


 


 


10.2
Incorporated Documents


 


This Article 10 incorporates by reference
the terms of a Merger Agreement between the Plan and the Pension Trust, and the
provisions of the documents governing the Pension Trust. 


 


 


10.3 Contribution Rate


 


(a) The month
for which the contribution is due is referred to as the "benefit month" and the
month prior to the benefit month is referred to as the "wage month". Effective April
26, 2009, the Employer shall contribute to the Pension Trust each and every
benefit month a sum of money equal to $1.70 per hour for each hour worked by
all Covered Employees during the wage month.  Effective May 2, 2010, the
contribution shall increase to $1.75 per hour.  Effective May 1, 2011, the
contribution shall increase to $1.80 per hour.


 


 


 


20


 














            (b) For purposes of
determining the pension contribution, employees on seasonal winter layoff (as
described in section 12.6 only) will be credited with one (1) hour for every
two (2)  hours of the scheduled work hours during the seasonal winter layoff
period. 











 











10.4 Covered Employees 











 


Covered Employees are all employees employed within
the Union's Bargaining Unit who were actively employed by the Employer for any
length of time during the wage month.  The Employer is required to make a
contribution to an employee whose employment is terminated during the wage
month.




 




10.5 Hours Worked




 



The term "Hours Worked" means not only hours actually worked by Covered
Employees, but also hours not actually worked but for which Covered Employees
were paid because of vacation, holidays, jury duty or bereavement leave.




 




10.6 Payment of Contributions




 


Contributions
are due from the Employer on the fifteenth (15th) day of the benefit month,
commencing with the benefit month of February 1999 and each and every month
thereafter so long as this agreement is in force.




 




10.7 Coverage - Newly Hired
Employees Not Previously Covered




 


Newly hired employees not previously covered by the
Pension Trust are not considered Covered Employees until the first (1st)
day of the first calendar month immediately after the commencement of
employment.  Such calendar month is the new employee's first (1st)
benefit month.  The immediately preceding calendar month is the employee's
first (1st) wage month.




 




10.8 Coverage - Newly Hired
employees Who Were Previously Covered




 


Newly hired employees previously covered by the
Pension Trust are considered Covered Employees as of the first (1st)
day of the first calendar month immediately after the commencement of
employment.  This calendar month is the employee's first (1st)
benefit month and the immediately preceding calendar month is the employee's
first (1st) wage month.


 


10.9 Contribution Reports and
Data


 


The Employer
shall transmit to the Pension Trust with each contribution a contribution
report on the form furnished by the Pension Trust on which the Employer shall
report the names, status, hire and termination dates as applicable, as well as
the total hours paid to each covered employee during the wage month.  The
Employer shall provide a copy of this report to the Union.  The Employer
further agrees to supply to the Pension Trust such further information as may
from time to time be requested by it in connection with the benefits provided
by said Pension Trust to said employees, and to permit audits of its books and
records by the Pension Trust for the sole purpose of determining compliance
with the terms and conditions of this agreement.




 




 




 

21

 























 

 




10.10 Delinquent Employers




 




In the event
that an Employer fails to maintain affiliation in good standing with the
Pension Trust, the Employer shall be in violation of this Article 10, in
addition to all other applicable standards.  Immediately upon termination of
the Employer's affiliation with the Pension Trust, the Union and the employees
may withhold all services from the delinquent Employer until such time as the
default has been cured to the satisfaction of the Pension Trust and the Union.  In addition, the Company shall be responsible for the payment of all wages
(including interest at the legal rate in VT), that would have been earned in
normal working hours during any strike called on account of delinquent
conditions. 



























 


 


ARTICLE 11


401(k) Plan




 




11.1 401 (k) Plan




 


 The Company
agrees to establish and administer one 401(k) program for all its union
employees which will comply with all the requirements of ERISA, the Internal
Revenue Code and any other applicable laws.




 




The Company
agrees to match up to thirtyfive (35%) percent of an employee's first $l,000
contribution per year and ten (10%) percent thereafter per year up to the
maximum contribution allowable by law per year.




 




 




ARTICLE 12


Seniority


 


12.1 Seniority


 


(a) In
administering seniority, the five (5) quarries of the Company will be
considered as one (1) unit.




 




(b) The job
classifications hereinabove listed in Section 4.1 shall be combined in a single
classification for purposes of seniority for the quarry operations of the
Company.




 




(c) Seniority
shall apply in the promotion, demotion, transfer, filling of job vacancies,
layoffs, and recall of employees subject to ability and physical fitness among
employees in the same seniority classification as defined above.  Ability means
the knowledge and/or experience relating to the job in question at the time of
posting for the position. Temporary employment of thirty (30) days or less
shall not be considered towards ability in connection with bid for permanent
position.




 




(d) Positions at
the Bethel Quarry of Rock of Ages Corporation are not required to be posted and
will be offered on a voluntary basis.




 




(e) Permanent
positions shall be posted within ten (10) working days of vacancy.  Temporary
positions shall be posted if the vacancy is expected for more than thirty (30)
days.




 





(f) Promotion job openings will be posted by the Company for five (5) days. 
Management will select the qualified applicant and give notice of the employee
selected in writing to the Union.  An employee awarded a




 





22




 














 

full-time or spare position may not
bid on another job for six (6) months.  Any employee awarded a posted job
which has not commenced after ten (10) working days, may bid on another posted
job.  An awarded job, except a spare position that has not been filled
after thirty (30) working days, must be reposted.  Newly hired employees
shall be ineligible to bid for any job for a period of three (3) months from
their respective dates of hire.  An employee can sign more than one (1)
posted position, however, the employee can only be awarded one (1) position.

































(g) It shall be
understood that a man who has been asked by management to change from one job
classification to another will retain his total seniority. The employee so
transferred will have a thirty (30) consecutive day trial period, sickness and
absence excluded, with right to return to former job with former status. 
However, in cases where an employee requests and is granted a transfer, his
total seniority will be retained and there will be a thirty (30) day trial period. 
An employee desiring to relinquish a full time or spare position within thirty
(30) days of the award date must notify the company in writing with a copy to
the union.  After 30 days, a spare position can be relinquished by mutual
agreement between the employee and the company or by providing the company six
(6) months written notice.













 




(h) With regard
to the filling of permanent positions where  previous posting awards for spares
have been made based on company seniority, ability and physical fitness in
accordance with Section 4.7(i), the permanent positions will be awarded to the
spare  most senior in that position.  As necessary, further spare openings will
be posted and awarded on the basis of seniority, ability and physical fitness,
in accordance with the contract.  Employees can only hold one (1) spare
position at a time. The Company and the Union agree that the nature of the
spare position is that the job generally will not commence after ten (10)
working days and will not be filled within thirty (30) days. For purposes of
this Section, a spare position will be considered to have commenced and have
been filled upon the award of the spare position subject only to the trial
period set forth in the preceding paragraph.  Each spare shall be entitled to
the said thirty (30) day trial period and shall not assume the permanent
position until the satisfactory completion of said trial period.  Due to the special
working conditions and safety concerns involved, the training/trial period for
spare rigger/carpenter will be three hundred (300) working hours. 




 




(i) Employees on
layoff shall retain their seniority for a period of twelve (12) months. If an
employee on layoff is not recalled within twelve (12) months, the employee
forfeits all seniority and the Company has no obligation to recall that
employee.   If employee is hired after the twelve (12) month period, he will be
considered a new employee.  If an employee on layoff is asked to return to work
within twelve (12) months of layoff and refuses to return, the employee shall
be considered a voluntary quit.




 




(j) The
procedure for notifying a laid‐off employee to return to work will be by
certified mail and a period of one (1) week from the time of mailing will be
granted to the employee for reporting. It will be the employee's responsibility
to notify the Company of any change in address. 




 





(k) An employee who quits or is discharged for cause forfeits his seniority.




 




(l) If an
employee is temporarily laid off and later asked to return to work, with a
guarantee of at least three (3) months' work and refuses to do so, then this
constitutes a break in his length of service.  If he is employed at a later
date, it will be necessary to begin anew to build up years of service and
earned time.




 




 




 




 




 




 


23 




 




 










































12.2 Seniority Rosters











 


A roster giving
the seniority and job classification of all employees in the bargaining unit
will be made available to the Union. These rosters will be revised twice each
year in April and October. The company will provide ample copies to all
officers and stewards for the purposes of posting throughout the Barre and Bethel quarry operations.  One (1) copy of the roster will show individual rates of pay. 
The one (1) copy showing pay rates will only be sent to the President of the
Local USW #4 and will be kept confidential.




 




 




12.3 General Leave of Absence




 


Any employee may
be granted a period of ninety (90) days'  leave of absence in any one (1)
calendar year without pay and without loss of seniority with the consent of the
Company and the Union. Such employee is forbidden to accept employment
elsewhere for wages; except that an employee who is granted a leave of absence
for reasons of health may accept employment during such leave of absence. Upon
the request of the Company, the employee shall secure a doctor's certificate
with respect to his condition of health. Employees granted a leave of absence
for reasons of health shall accumulate seniority during such leave of absence.




 




Management agrees
to grant, on request, a leave of absence to employees for Union activities or
political purposes when request is made in writing and such time will not be
deductible from an Employee's earned time. The seniority for such Employees
shall accumulate for a maximum period of one (1) year during such leave of
absence.




 




An Employee who
is a member of the Union Executive Board shall be granted a leave of absence of
up to three (3) years to serve as full-time President of the Union. During such
leave he shall accumulate industry service and shall retain seniority with the
Company as of the date the leave begins; he shall not be eligible for wages or
fringe benefits.




 




 




12.4
Transferring out of the Bargaining Unit




 


Employees transferred out of the bargaining unit on or after May 1, 1962 shall retain their seniority status for a period of three (3) years.  If
returned to the bargaining unit after three (3) years, they will return as new
employees.




 




 




12.5 New Employees




 


Newly hired
employees will be given a fifty (50) working day probationary period. 
Seniority during those fifty (50) working days is earned upon completion of
probation.




 




An employee who
is qualified for the probationary period one (1)  year and who works less than
the fifty (50) working days before he is laid off  is entitled to accumulate
months of seniority in fulfilling fifty (50) working days if he is hired the
next year.


 


12.6 Seasonal Winter Layoff




 




            (a) On or before
the Monday preceding the Thanksgiving holiday, the Company will post a winter
layoff notice and a blank voluntary work assignment sheet. The winter layoff
notice will recite the date that normal quarry operations will be curtailed for
the winter season, the date on which normal quarry operations will resume in
the spring and a summary of the procedures and rules set forth in this Article.




24





















 




 (b) Employees
desiring winter work assignments on a voluntary basis agree to sign the
voluntary winter work assignment sheet at the Central Quarry Office no later
than ten (10) calendar days of the Company's postings.  Employees must sign the
voluntary winter work assignment sheet at the Central Quarry Office in person
in the presence of a representative of the Company who is not a member of the Union.  Employees may only sign for job assignments for which they are qualified under the
provisions of this Article 12.  




 




 (c) Failure to
sign the voluntary winter work assignment sheet in the quarry office within the
time limit will be conclusively deemed by both the Company and the Union that the individual has elected voluntary layoff and waives all rights of grievance
with respect to the recall of employees from the voluntary winter work assignment
sheet by the Company.  The Company agrees to make its decisions with respect to
which employees will work during the winter layoff and to post work assignments
not later than five (5) working days from the expiration date of the sign‐up.




 




(d) The Company
will assign the work during the winter layoff by seniority subject to ability
and physical fitness.  The Union agrees that any disputes regarding the work
assignments will be brought to the attention of management within five (5) days
from the date of posting in accordance with the grievance procedure set forth
in Article 16.  If a sufficient number of qualified employees do not sign the
voluntary work assignment sheet, the Company will assign the winter work to
qualified employees by inverse order of seniority.  The Company will provide a
list in the Central Quarry Office during the winter period where employees on
voluntary layoff may sign to indicate their willingness to return to work. The
Company will recall qualified employees signing this list by seniority to the
extent openings permit.  




 




(e) Because of
the application of the twelve (12) month recall provision, no quarry personnel
will be terminated during the winter layoff and no employee choosing voluntary
layoff will suffer any loss of seniority or termination.  In the event the
Company determines to make a permanent layoff during the winter layoff period,
such layoff will be in accordance with Section 12.1 of this Article and shall
not apply to senior employees on voluntary layoff.




 




(f) Employees
who are on layoff under this Section shall notify the Company should they leave
town for any period of time that may prevent the employee from responding to
any written notice of recall, either scheduled or unscheduled, within a period
of one (1) week.




 




 


12.7 Quarry Preference


 


The employee
will have the opportunity to indicate a preference to work in the Barre Quarries,
  Bethel quarries, or both if the work is needed.  Assignment to the location
will be according to the provisions of Article 12.6.  In the event the employee
signs up to work in both quarry locations, management will determine which
quarry location an employee is to be assigned, regardless of seniority.  In the
event any quarry operation is changed, shutdown, work force reduced,
re-started, or any other operational decision made during the seasonal winter
layoff period, employees will be reassigned according to article 12.6.  




 




 




 




 




 




 




 




 





25




 




 














































ARTICLE 13


 Bonus Plan




 




13.1 Bonus Plan   




 


 All quarry operation
employees will receive a bonus for all paid hours which shall be based on total
service with the Company as of May 31:


 


Years of
Service                                  Bonus 


 5                                            6
1/4    cents per hour


 6                                            7
1/2        "      "     "


 7                                            8
3/4        "      "      "


 8                                            10           
"      "      "


 9                                            11
1/4      "      "      "


10                                            12
1/2       "      "      "


11                                            13
3/4      "      "      "


12                                            15           
"      "      "


13                                            16
1/4      "      "      "


14                                            17
1/2       "      "      "


15                                            18
3/4      "      "      " 


20                                            20            
"      "      "


25                                            25            
"      "      "


30                                            30           
"        "     "


35                                            35           
"       "      "


40                                            40             
"      "     "


45                                            45             
"      "     "  




 




For the purpose
of this Article, all paid hours shall include overtime (including premium
rate), holidays, vacations and call out pay.




 


 


13.2 Bonus Plan Payments 


 


(a) Bonuses will
be paid semi‐annually, on or before the last Friday prior to July 1 and
the last Friday prior to the start of the winter shutdown period.  The bonus
payment prior to Christmas will be based on hours paid between June 1 and
November 30, and the payment prior to July 1 will be based on hours paid
between December 1 and May 31. To be eligible for payment, the employee must be
on the Company payroll at the time of paying except in cases of retirement or
layoff.  A discharge will cancel accumulated bonus as well as years of service
with the Company.




 




(b) The Company
shall furnish to the member, at the time of seniority bonus distributions, a
separate record of hours paid, rate of pay and period covered. 




 


 











ARTICLE 14


Union Security


 


 


26










































 


14.1 Mandatory Membership


 


It shall be a
condition of employment that all employees of the Company covered by this
Agreement who are members of the Union in good standing on the effective date
of this Agreement shall remain members in good standing and those who are not
members on the effective date of this Agreement shall, on or before the 31st
day following the effective date of this Agreement, become and remain members
in good standing in the Union.  It shall be also a condition of employment that
all employees covered by this Agreement and hired on or after its effective
date shall, on or before the 31st day following the beginning of such
employment, become and remain members in good standing of the Union.




 




 




14.2 Location of Stewards




 


Stewards who are
either elected or appointed by either the members of the Union or the Union
President  will remain in the areas in which they were elected or appointed so
far as possible. The Company shall have the right to assign the Steward to
another area for a temporary period or permanently if the area is being
permanently or temporarily closed or if the Steward successfully bids to a job
outside of the area.


 


 


ARTICLE 15


Check-Off




 




15.1 Check-Off 




 


 The Company
agrees to deduct each month from the wages payable to any employee who
authorizes the Company to do so, through a signed authorization card (Union
Form 530), the Union monthly dues, assessments uniformly imposed on all members
and, if owed, the Union's initiation fee.  Said amount shall be as designated
by the International Treasurer of the Union. The Company shall then remit by
the end of each month all sums so deducted to the International Treasurer,
United Steelworkers, PO Box 951667, Cleveland, OH 44193.


 


 


15.2
Union Copy


 


The Company shall also transmit by the end of each month to an officer
designated by the Local Union a copy of the list of employees from whom
deductions are made and a list of new hires during the month.




 




 




15.3 Dues Penalty




 


 The Company will
be responsible for the collection of dues prior to payment of closeout  due to
termination (quit or discharge) of employment.  Failing to collect, the Company
will be liable for payment(s) to the Union if it fails to collect from the
terminated member.




 











ARTICLE 16


Dispute Settlement




 




 


 



27


 



































16.1 Dispute Steps




 


(a)  Any
difference which may arise as to the meaning or application of this Agreement
or any Memorandum Agreement between the parties as to compliance with the terms
of such agreements shall be resolved as follows:




 





Step 1:  Between the foreman and employee involved and/or Union Steward
and/or other Union representative. Grievances must be submitted within ten (10)
workdays of the time the subject of the grievance becomes or should have become
known to the aggrieved employee or Union





..




Step 2: Between
the Union Steward and/or other Union representatives and the Quarry Manager. 
If the matter is not settled within five (5) workdays of initiating this step, 
it may be referred to Step 3.




 




Step 3:
Between the Union President and/or Union Steward and the Vice President of
Quarry Operations and/or the Quarry Manager.  If the matter is not settled at
this step, then a formal written grievance will be submitted within five (5)
working days.




 




Step 4: Between
the United Steelworkers of America Staff Representative,  Local Union #4
President, the President of the Company, the Vice President of Quarry
Operations and/or the Quarry Manager. If the matter is not settled within five
(5) working days of initiating this step it may be referred to Step 5.




 




Step 5: Submit
the grievance to arbitration and pursuant to existing voluntary labor
arbitration rules of the American Arbitration Association within thirty (30)
days following the Step 4 answer.  The Arbitrator shall have no authority to
alter in any way the terms and conditions of this Agreement and shall confine
his decision to a determination of the facts and an interpretation and
application of this Agreement. The decision of the Arbitrator shall be final
and binding on all parties. The fees and expenses associated with arbitration
of the grievance shall be borne equally by the parties to the grievance or
dispute. 




 




(b) In the event
a difference is not appealed to the next succeeding step of the above procedure
within the time limit specified, the right of appeal shall be lost.




 




(c) The
aggrieved employee may attend any steps of the grievance procedures. Time
limits may be extended by mutual agreement.


 


 


16.2 Company Grievances


 


Grievance may be
initiated by the Company. The grievance shall be discussed between the Company
representative and the Steward, Local Union President or other Union
representative. In the event such difference is not settled through such
discussion, the dispute will be further processed in accordance with the
provisions of Section 16.1, Steps 3, 4 and 5.  






 






 











16.3 Signed Grievances











 


Grievance
processed in accordance with the provisions of this Article must be in writing
and signed by the grieving party for submission to Step 4 and succeeding
Steps.  It is mutually understood that the words "Foreman" or
"Quarry Manager" may be replaced by the word "Company"
where appropriate. Time limits may be extended by mutual agreement.




 







28





































16.4 Rules




 


(a) The Union agrees that during the term of this Agreement neither the Union nor its members shall
encourage or engage in any strikes, stoppages, slowdowns or other interruptions
of work, and the Company agrees that there shall be no lockouts.




 




(b) It is
understood and agreed that in the event of any alleged violation of this
Agreement, which violation is not authorized or ratified by the International
Union, there shall be no liability for damages on the part of said
International Union, Local Union or any of their officers or agents, and the
sole recourse and exclusive remedies of the employer shall, in such event, be
those which are specifically provided for in this Agreement.




 




(c) It is
understood and agreed that in the event of any strike, work stoppage,
interruption or impeding of work on the part of any employee during the life of
the Agreement, there shall be no liability on the part of the International
Union,  Local Union or any of their officers or agents, provided such strike,
work stoppage, interruption or impeding of work was not authorized or ratified
by the International Union,  Local Union or any of their officers or agents,
and provided further that, upon the occurrence of such unauthorized strike, 
work stoppage,  interruption or impeding of work, the International Union or
the Local Union shall, upon request of the Company,  notify the employees
involved that such action by said employees was unauthorized and direct said
employees to return to work promptly,  and shall take further steps as are
reasonable and appropriate under the circumstances to bring about a termination
of such unauthorized strike, work stoppage,  interruption or impeding of work, 
impose such disciplinary measures upon the employees involved as are not
inconsistent with the provisions of this Agreement.




 




 




 


ARTICLE
17


Reserve
for Inclement Weather - Power Failure


 


17.1
Reserve Hours


 


(a) Reserve hours do not apply to blacksmiths, shop men, grinders and
summer employees. 




 




(b) A reserve of 42 1⁄2 hours will be set up to be paid out in the
following way.




 




(c) When the
typical work week (typical work week is understood to mean the average number
of hours worked by over fifty (50%) percent of the outside quarry group during
one (1) week of those entitled to reserve hours falls below thirty-five (35)
hours not including overtime), four (4) hours will be added to the paid hours.
When the typical work week is between thirty-five (35) and forty (40) hours,
two (2) hours will be added to the paid hours. 






 






 






 






 






 






 






 






 






 






 







29






 












































(d) In applying
reserve hours during a week in which Saturday is worked,  it is agreed that
reserve hours for inclement weather will be applied to work done Monday through
Friday and that hours worked on Saturday will not be included in determining
total hours worked during the week.











 




(e) To
illustrate:  If a bar runner works even though less than fifty (50%) percent of
the quarry is working, he will receive reserve hours pay at the end of the week
the same as the rest of the employees.




 




(f) Paid hours
shall be understood to include premium hours for overtime, paid holidays and
vacation time.




 




(g) The balance,
if any, of the 42 1⁄2 hours remaining at the end of the year is to be paid on the
last payday before Christmas.  Employees with less that one (1) year of service
at the end of the calendar year shall be entitled to prorated unused reserve
hour payments, if any, based upon months of service.  




 





(h) Inclement weather pay not paid to an individual employee due to sickness,
vacation or other authorized absence shall be paid with the balance, if any, at
the end of the year.




 




(i) An employee
who starts work during the course of the calendar year shall have the same
status as of the date of his employment as other employees have on that date in
respect to reserve hour payments to be made during the remainder of the year.




 




 




17.2 Power Failure




 


In the event of
a power failure in a section of the operations, employees will continue to work
as long as health and safety of employees are not affected and access to the
working area is available from another hoist.  In the event of power failure,
crews will remain on the job for a period of fifteen (15) minutes, for which
time they will be paid.   If power is not restored at the end of this fifteen
(15) minute interval, operations will be closed down upon appropriate
notification by the Company.  




 




In the event no
notification is given and the employees remain on the job, those employees will
continue to receive wages.  Article 17.1, Reserve for Inclement Weather, shall
not be applied on shutdowns due to power failure.




 




 




ARTICLE
18


Non-discrimination




 




18.1
Non-discrimination       




 


There shall be no discrimination for or against any employee because of
his performing the duties of a Union officer or committeeman. The Company shall
comply with applicable laws prohibiting discrimination against employees on
account of race, color, sex, sexual orientation, religion, national origin or
age.  Any reference in this Agreement to one (1) gender shall be deemed to
apply equally to the other.




 




 




 




 




 




30




 




 










































ARTICLE 19


Union
Representatives




 




19.1 Union Representatives




 


Union
representatives can come to the office.  If management and Union
representatives mutually agree, men involved in grievances shall be called to
the office for interview.  It is agreed that the President of the Local
USW #4 will only have access to the Rock of Ages Corp. quarry operations (Barre
and Bethel) that are covered by this collective bargaining agreement,
specifically for purposes of administering
this agreement.


 


 




ARTICLE 20


Suspension of
Operations




 




20.1 Suspension Notice




 


Adequate notice
of any suspension of operations shall be posted stating when plant/quarry will close
as well as when work is to be resumed.


 


 


ARTICLE 21


LABOR MANAGEMENT
TEAM




 




21.1 LMT Formation 




 


(a) It is
mutually agreed to form a Labor Management Team (LMT) composed equally of Union
representatives and management representatives in such total number as may be
agreed from time to time by the Union and Company.  The LMT shall meet at least
quarterly (i.e. March, June, September, and December) to discuss and resolve
issues of safety,  health, betterment,  interdivisional job opportunities,
productivity and other items as may be appropriate.  The Union representatives
and/or Management must submit a list of specific agenda items for each meeting
at least one (1) week in advance of the meeting or the meeting is cancelled.




 




(b) The LMT is
intended to increase joint cooperation and develop an active employee
involvement process. These efforts shall not interfere with any provisions of
this Agreement nor circumvent the grievance procedure, nor interfere with
management's rights, but it is a goal of the LMT to avoid circumstances or
practices which could give rise to a claim by either party that the provisions
of this Agreement were not adhered to and to create an atmosphere of
cooperation so as to minimize events leading to grievances.




 




(c)The LMT may
have various divisions or advisory groups as mutually agreed and may meet
jointly with other USW.  LMTs formed in other divisions.






 






(d) The
objectives of the LMT will also focus on increasing customer service and
satisfaction, more effective methods of operation, enhancing employee morale
and creating and assuring full and open communication among employees and the
Company. The LMT will analyze and solve identified problems and participate and
support in the implementation of agreed solutions.  The LMT will also
investigate and recommend actions to the Company and Union to increase employee
involvement and responsibility in the areas of production, production teams,
and quality control.






 







31






 





































(e) The Company
shall forward minutes of the LMT meetings to the Union and LMT members within
ten (10) days of the meeting.  The minutes shall include the names of those in
attendance, and the date, time and place of the meeting.




 




1. A schedule of
dates, times, and places for the LMT meetings will be forwarded to the union
prior to the beginning of each calendar quarter. Up to a maximum of three (3)
members will be paid for time while attending the LMT meeting. 




 




2. A schedule of
dates, times, and places for the stewards meetings will be forwarded to the
union prior to the beginning of each calendar quarter. Up to a maximum of eight
(8) members will be paid for time while attending the stewards meeting. Steward
from Bethel will be afforded the opportunity to attend the meetings and
released from the Bethel quarry forty-five (45) minutes prior to the scheduled
starting time of the meeting and will suffer no loss in pay. 




 


 


ARTICLE  22


Safety Rules




 




22.1 Safety Issues




 


(a) The Company
will confer with the Union regarding safety and other rules and regulations
affecting the health, safety and comfort of the employees.  There shall be a
Safety Committee to include union representation designated by the Union.  Minutes of each meeting will be distributed to all Committee members and the
President of U.S.W. Local 4.




 




(b) Any
national, state or municipal law enacted for the betterment of wages or working
conditions in the granite trade will not be violated.  All employees must
utilize safety equipment required by any national, state or municipal law.




 




(c) The Union agrees to cooperate with the Company in enforcing safety rules and practices in an
effort to reduce hazards and insure safe working conditions.




 




(d) Employees
are to comply with the safety rules in this Article and are to cooperate fully
with the management in the enforcement of these rules.




 


 


22.2 Safety Glasses


 


(a)    Safety
glasses must be worn on all jobs by all quarry personnel.  




 




 (b) The Company
shall provide safety glasses for its employees, upon the request of such
employees.  If an employee needs prescription safety glasses, he shall pay for
his own eye examination and shall furnish the prescription to his employer. 
The Company shall then provide such prescription glasses with a frame selected
from the group of standard frames, at no additional cost to the employee. 
Broken safety glasses shall be replaced by the Company on a reasonable basis.






 






 











22.3 Safety Shoes and Gloves




 







32






 
















 

 

             (a) Within two weeks
of the start of each contract year, the Company will pay each employee an
allowance of one hundred seventy dollars ($170.00) to be used towards the cost
of approved safety footwear.  






















(b) The Company
will provide, at no cost to the employee, working gloves that the company feels
are suitable for the employee performing the jobs. When an employee requests a
new pair of gloves, the old pair must be turned in.


 


 


22.4 Rock Drilling


 


 (a) To
eliminate the possible silicosis hazard in rock drilling in the Barre Granite
quarry belt, the Company has installed dust control equipment which meets the
reasonable standards established and published by the Vermont Occupational Safety
and Health Administration and/or the National Institute of Occupational Safety
and Health of the Mine, Safety and Health Administration, as applicable.




 




(i) "Rock
drilling" shall mean drilling, cutting, chipping, channeling, broaching or
crushing rock.




 


(ii)
"Injurious silica dust concentration" shall mean dust produced from
drilling silica bearing rock which is in excess of current Tolerance Level
Value as established and published by VOSHA and/or NIOSH or MSHA.




 




(b) Insofar as
practicable, all rock drilling operations shall be executed so that there will
be no dissemination of injurious silica dust concentrations into the
atmosphere.




 




(c) The whole
problem of dust equipment in every department pertaining to quarry operations
shall be the subject of study and research by a joint commission. This
commission shall consist of the representatives of the Safety Committee. 




 




(d) Dust control
equipment shall at all times be maintained in efficient working order and use. 
Inspections shall be carried out at the request of Company or Union Committee
by the state unit charged with industrial hygiene or the appropriate Federal
agency and reports of inspections given to both the Company and to the Union.




 




 




ARTICLE 23


Management's
Rights


 


23.1 Management Rights


 


 The management
of the quarries and the direction of the working forces, including the right to
hire, transfer, suspend or discharge for just cause, except as expressly
limited by this Agreement, and the right to lay off due to lack of work, and in
general all other functions of management unless expressly limited by the
Agreement are reserved to and are vested exclusively in the Company.




 




 











ARTICLE 24


Temporary
Transfers




 




 





33




 



































24.1 Temporary Transfers




 


If an employee
is required to fill the place of another employee, his rate of pay shall not be
changed.  For example, if an employee is required to fill the place of another
receiving a lower rate, his rate of pay will not be reduced.  On completing his
period of temporary assignment he shall return to his former duties. Temporary
assignment means a period of thirty (30) days or less.  Senior employees will
be given preference where possible.




 




 


ARTICLE 25


Smoking




25.1 Smoking Policy




 


The Company and
Union hereby agree and jointly designate all work areas in which employees
covered by this Agreement perform any work activities as permitted smoking
areas and any employee covered by this Agreement shall be permitted to smoke in
any area with the sole exception of areas in proximity to combustible materials
which are designated by the Company as non‐smoking areas.  As a matter of
common courtesy and health concerns during breaks, employees


will not smoke in the quarry
warming shacks.  It is also mutually agreed between Union and Management that
in the event significant unresolved conflicts arise concerning this provision,
further steps may be taken concerning non smoking provisions.


 


 


ARTICLE 26


Discipline/Discharge


 


26.1 Discipline &
Discharge


 


 An Employee
who has completed his probationary period shall not be discharged or otherwise
disciplined without just cause.  A copy of written disciplinary action taken
against an employee shall be sent to the Local Union office.  Failure to comply
within ten (10) days will constitute the warning being null and void.


 


 


26.2 Written Warnings




 




           
The Company and Union agree that a written warning more than eighteen (18)
months old may not be used as the justification for discipline or discharge of
an employee. Subject to the immediately preceding sentence, in progressive
discipline cases, the Company will continue to consider in accordance with past
practice that a written warning or suspension without a follow‐up discipline or
suspension for the same cause for a period of six (6) months, not including time
lost for workers compensation, layoff or Sickness & Accident, as restarting the
progressive discipline process from the next succeeding written warning or
suspension for the same cause.  All inactive disciplinary records will be
purged from an employee's record after five (5) years from the date the record
was written unless that disciplinary record indicates otherwise.  Nothing
in this Section shall be construed to prevent the Company from discharging or
otherwise disciplining an employee for just cause or to prevent the Company and
the Union from keeping all disciplinary reports in an employee's personnel file
and providing the same to the appropriate parties under the Dispute Settlement
procedures of Article 16.




 




 




 




34




 




 











































 




ARTICLE 27


Summer Employees




 




27.1 Summer Help




 


(a)  The Company
shall not be required to provide fringe benefits, pension contributions,
insurance coverage or reserve hours as set forth in Article 17 for persons
employed during the summer months except for Call‐In pay as set forth in
Section 2.3.




 




(b) Summer
employee minimum wage rate is one ($1.00) dollar above the minimum rate as set
by the U.S. Department of Labor.  If such minimum wage rate is increased by the
Department of Labor during the life of this Agreement, summer employee pay
rates will increase accordingly.  Such employees are not to be employed below
the quarry rim, the intention being that they are not to perform general
production work.




 




(c) The Company
will not have the right to hire such summer quarry employees as long as there
are employees of the Company on layoff who can perform available work and who
are willing to do so.




 




 




ARTICLE 28


Bethel
Quarry


 


28.1 Bethel Quarry Travel Expense


 


Employees that
are assigned to work at the Bethel quarry (per the provisions of Article 12, para.4)
will receive, as a temporary rate, fifty ($.50) cents per hr. over the quarry
minimum set wage. When an employee is not assigned to the Bethel quarry he may
not receive the temporary rate. 






 






 






 






 






 






 






 






 






 






 






 






 






 






 






 






 






 






 






 






 







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QUARRY DIVISION


CALENDAR OF HOLIDAY OBSERVANCES


DURING 2009 - 2012
CONTRACT




2009


Memorial Day                                                    May
25                       Monday


Independence Day                                             July
6                          
Monday


            Alternative for shut down                       July
3                           Friday


Labor Day                                                        September
7                Monday


Employee Appreciation Day                              September
8                Tuesday                       


Veterans Day*                                                  November
16              Monday


Thanksgiving Day                                              November
26              Thursday


Day After Thanksgiving                                     November
27              Friday


Christmas Day                                                  December
25               Friday


 


2010


New Years Day                                               January
1                     Friday


Day Before Town Meeting                               March 1                       Monday


Town Meeting Day                                          March
2                       Tuesday


Memorial Day                                                  May
31                        Monday


Independence Day                                           July
5                           Monday


            Alternative for shut down                     July 12                         Monday


Labor Day                                                       September
6                Monday


Employee Appreciation Day                            September
7                Tuesday


Veterans Day*                                                November
15              Monday


Thanksgiving Day                                            November
25              Thursday


Day After Thanksgiving                                   November
26              Friday


Christmas Day                                                December
24               Friday


 


2011


New Years Day                                             December
31               Friday


Day Before Town Meeting                             February
28                 Monday


Town Meeting Day                                        March
1                       Tuesday


Memorial Day                                                May
30                        Monday


Independence Day                                         July
4                           Monday


            Alternative for shut down                   July
1                           Friday


Labor Day                                                    September
5                Monday


Employee Appreciation Day                          September
6                Tuesday


Veterans Day*                                              November
14              Monday


Thanksgiving Day                                          November
24              Thursday


Day After Thanksgiving                                 November
25              Friday


Christmas Day                                              December
26               Monday


 


2012


New Years Day                                            January
2                     Monday


Day Before Town Meeting                             March 5                       Monday


Town Meeting Day                                       March
6                       Tuesday


 


*Veteran's Day will be observed
on the first day of rifle season. 


 



37