AGREEMENT BETWEEN. LOCAL NO. 530 of RETAIL WHOLESALE AND DEPARTMENT STORE UNION (RWDSU), AFL-CIO. and GERBER PRODUCTS COMPANY.

Transcription

1 AGREEMENT BETWEEN LOCAL NO. 530 of RETAIL WHOLESALE AND DEPARTMENT STORE UNION (RWDSU), AFL-CIO and GERBER PRODUCTS COMPANY Fremont, Michigan

2 CONTENTS UNION CONTRACT- FREMONT Agreement...1 Witnesseth...1 Statement of Policy...1 Article I RECOGNITION AND UNION SECURITY / CHECK-OFF A. RECOGNITION Section 1 Definition of bargaining unit...1 Section 2 No strike clause...2 Section 3 Jurisdiction...2 B. UNION SECURITY AND CHECK-OFF Section 1 Union security...2 Section 2 Check-Off...3 (a) form...3 (b) failure...3 (c) payroll deduction for dues...3 (d) limitation on dues deduction...4 Article II MANAGEMENT Section 1 Management Rights...4 Section 2 Rules & Regulations...4 Section 3 Disability & FMLA Compliance...4 Article III REPRESENTATION Section 1 Number of Union Committee...5 Section 2 Number of officers and stewards...5 Section 3 Witnesses in grievance procedure...5 Section 4 Joint grievance meetings...5 Section 5 Seniority of stewards...6

3 Section 6 Permission before leaving work area...6 Section 7 Presence in plant office other than during shift...6 Section 8 International representative entering plant...7 Section 9 Notice of meetings...7 Article IV COMPLAINT AND GRIEVANCE PROCEDURE Section 1 Steps of grievance procedure...7 Section 2 Participation in steps...9 Section 3 Distribution of grievance...9 Article V SENIORITY A. General Seniority Considerations Section 1 Probationary Period...9 Section 2 Medical Exams...9 Section 3 Plantwide Seniority...9 Section 4 Loss of Seniority...9 Section 5 Message/Contact...10 Section 6 Seniority List...10 B. Transfers and Promotions - Job Posting Section 1 Job Posting...10 Section 2 Bid Restrictions...11 Section 3 Job Re-posting...11 Section 4 Fill-in Employees...11 Section 5 Job Selection - Group III and above...11 Section 6 Classified Job-Probationary Period...11 Section 7 Training Program...12 C. Work Assignments and Schedule Section 1 Labor Call Sheet...12 Section 2 Work Assignments...12 Section 3 Shift Transfers...12 Section 4 Assignments...13 Section 5 Work Shift Shutdown...13 Section 6 New Hire Limitation...13 Section 7 Overtime Assignment...13 Section 8 Temporary Assignments...15

4 D. Layoff and Recall Section 1 Less than 30 day lay-off sequence...15 Section 2 More than 30 day lay-off sequence...15 Section 3 Lay-off exception...15 Section 4 Job elimination...16 Section 5 Recall of employees on temporary lay-off...16 Section 6 Recall sequence...16 Article VI LEAVES OF ABSENCE Section 1 General...16 Section 2 Personal leave...17 (a) less than 30 days...17 (b) excess of 30 days...17 Section 3 Funeral leave...17 Section 4 Jury Duty...18 Section 5 National Guard or Reserve Duty...18 Section 6 Union leave...18 Article VII WORKING CONDITIONS Section 1 General...18 Section 2 Five day workweek definition...19 (a) Sunday pay...19 (b) Over eight hours pay...19 (c) Over forty hours pay...19 (d) Saturday pay...19 (e) Fluctuating workweek...19 Section 3 Four day workweek...19 (a) Sunday pay...19 (b) Over eight hours pay...20 (c) Over forty hours pay...20 (d) Saturday pay...20 (e) Fluctuating workweek...20 Section 4 Computation of overtime...20 Section 5 Reporting pay...20 Section 6 Emergency call-in pay...20 Section 7 Rest periods...21 Section 8 Shift differential...21 Section 9 Pay on day of injury...21

5 Section 10 Notification of change in schedule...22 Article VIII VACATIONS Section 1 Schedule - length and pay...22 Section 2 Scheduling...22 Section 3 Vacation pay upon termination...23 Section 4 Pay in lieu of vacation...23 Section 5 Pro-rata vacation...23 Section 6 Vacation Limitations...23 Section 7 Vacation computation (four day workweek)...24 Article IX WAGES Section 1 General...24 Section 2 Effective dates of change...24 Section 3 Wage rates...24 Article X HOLIDAYS Section 1 Holiday schedule...25 (a) 04/01/94-02/28/ (b) 03/01/95-02/29/ (c) 03/01/96-03/01/ Section 2 Eligibility...26 Section 3 Pay for worked holiday...26 Section 4 Holiday computation (four day workweek)...26 Article XI INSURANCE AND RETIREMENT PROGRAM...26 Article XII GENERAL Section 1 Health and safety rules...27 Section 2 Union bulletin board...27 Section 3 Leaving company premises...27 Section 4 Gloves...27 Section 5 Bump caps...28 Section 6 Clothing...28

6 (a) uniforms...28 (b) safety shoes...28 Section 7 Contract binding on individual...28 Section 8 Union insignia...28 Section 9 Letters of intent and agreement...28 Article XIII AGREEMENT CHANGE Section 1 Effective...29 Section 2 Term of contract...29

7 AGREEMENT This Agreement is hereby made and entered into at Fremont, Newaygo County, Michigan, this 1st day of May, 1994, by and between the Gerber Products Company, a Michigan Corporation (hereafter referred to as the "Company"), and Local 530 of the Retail, Wholesale and Department Store Union, A.F.L. - C.I.O. (hereafter referred to as the "Union"). Witnesseth The Union and the Company agree that our mutual success depends on constantly giving the consumer better values in quality; that our responsibility is a serious one, in protecting the health of the world's babies; that the care and thought with which we meet this responsibility is the factor which determines whether doctors recommend and parents buy our products. STATEMENT OF POLICY It is the policy of the Company and the Union that the provisions of the Agreement be applied to all employees covered by the Agreement without regard to race, color, creed, sex, age, national origin, or disability, and to the extent required by law, comply with the provisions of Executive Order 11246, the affirmative action for handicapped workers 41 CFR , disabled veterans and veterans of the Vietnam Era 41 CFR All references to employees in this Agreement designate both sexes, and whenever the male gender is used it shall be construed to include both male and female employees. ARTICLE I RECOGNITION AND UNION SECURITY/CHECK-OFF A. RECOGNITION Section 1. Definition of Bargaining Unit The Company agrees to recognize the Union as the sole collective bargaining agency for all regular full-time production, quality services, warehouse, and maintenance employees of Gerber Products Company, Fremont, Michigan, but excluding probationary, over-the-road truck drivers, guards, technologists, office clerical, administrative, professional, and supervisory associates. 1

8 Section 2. No strike clause It is the intent of the Company and the Union that the orderly process of collective bargaining, grievance procedure, and arbitration be employed in the resolution of disputes that may arise during the term of this Agreement. Therefore the Company and the Union agree there shall be no strikes, slowdowns, or lockouts during the term of this Agreement. Section 3. Jurisdiction The Company will pay the wages now in effect and herein agree upon and perform the agreements on its part as set forth, and the Union, through its members, will do the work herein, and perform the agreements on its part as set forth, each without limitation or reservations, except as hereinafter expressed. The following work is covered by this Agreement: (a) (b) All work performed in the Company's factories located in Fremont, Michigan, including buildings or lots where commodities or materials are processed or stored, or any other work performed by Fremont production, quality services, warehouse, or maintenance employees. Consistent with Federal requirements, the Union agrees that during the life of this Agreement it will not surrender jurisdiction to any other Union over any of the work covered by this Agreement. Similarly, the Company, consistent with Federal requirements, agrees that during the life of this Agreement it will not grant recognition to any other Union for any of the work covered by this Agreement. B. UNION SECURITY AND CHECK-OFF Section 1. Union Security Any person who is hired after the effective date of this Agreement and becomes a Seniority employee shall, as a condition of continued employment, become a member of this Union and shall remain so. It is agreed that each and every employee of the Company who comes within Section 1 of this article will be required as a condition of employment to sign a card, in such form as has been approved by Management and Union, to establish membership in said Union. 2

9 Section 2. Check-Off (a) Any employee desiring to have their initiation fees and dues deducted from their pay may do so by signing the following check-off form, the same to be effective when they attain seniority: To the Gerber Products Company Date, 19 "I hereby assign to Local No. 530 of the Retail, Wholesale and Department Store Union, A.F.L. - C.I.O., from wages earned or to be earned by me as your employee, one initiation fee of $15.00 and monthly membership dues in said Union of a sum equivalent to two hours straight time pay per month, or such amount as may hereinafter be established by the Union, and become due it, as my membership dues. I authorize and direct you to deduct such amount from my pay each month and to remit the same to the Union, deductions to start with the second pay period of the month after I become a member of the Union." "This assignment, authorization and direction shall be irrevocable for a period of one year or until the termination of the contract between the Company and the Union, whichever occurs sooner, and I agree and direct that this assignment, authorization and direction shall be automatically renewed and shall be irrevocable for successive periods of one year each or for the period of each succeeding applicable collective agreement between the company and the Union, whichever shall be shorter, unless written notice is given by me to the Company and to the Union by registered mail within seven (7) days prior to the expiration of each period of (1) year or of each applicable collective agreement between the Company and the Union, whichever occurs sooner." Address of Employee Signature of Employee (b) Any employee belonging to said Union who fails to submit their monthly dues as required by Union by-laws, will be discharged by the Company within seven (7) days of the written notice from the Union received by the Company. (c) Payroll deduction of such dues shall be made from wages earned during the second pay period of each calendar month. All sums so deducted shall be remitted to the local Union secretary. The Company and the Union shall make 3

10 mutually satisfactory arrangements through which the Company shall be advised of the sums to be deducted and the identity of the employees from whose wages payroll deductions are to be made. The Union shall also keep the Company advised as to whom the deducted amounts are to be sent. (d) No payroll deduction of the Union dues from the wages of any employees shall be made in any week in which employee's earnings after deduction of taxes, insurance premiums, and amounts due the Company are insufficient to cover the full monthly deduction for such dues; however, the proper deduction shall be made from the next weekly pay which covers a sufficient amount to permit the full Union dues deduction, but deferment of the deduction shall not be extended beyond the calendar month in which the deduction would otherwise have been made. ARTICLE II MANAGEMENT RIGHTS Section 1. Management Rights The Union recognizes the Company's sole right to manage the plant and to direct employees working therein; without limiting the generality of the foregoing this is intended to cover the hiring and discharging of employees; suspension and layoff of employees; scheduling of employees; transfer, promotion and demotion of employees; the products to be manufactured, methods of operation, production schedules, and the location of plant machinery and work station; provided however, that any action taken under this provision will not be in violation of any of the other provisions of this Agreement. Nothing contained herein shall in any way restrict an employee's rights under the grievance procedure. Section 2. Rules and Regulations The Union agrees that all employees will obey all rules and regulations of the Company as published or announced and that all employees are equally subject to the penalties listed and will recognize the Company's right at any time to adopt reasonable rules and regulations not in conflict with the Agreement. The Company will discuss new plant rules or rule changes with the Union Committee before putting them into effect. Section 3. Disability and FMLA Compliance The Union recognizes the right of the Company to make such job changes that are reasonably necessary and to take such other actions that may be required to insure 4

11 that the Company continues to be in compliance with the Michigan state law regarding Disability Employment, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act, and the regulations issued thereunder. Prior to making any job changes that the Company feels are reasonably necessary to comply with the law, which may affect the seniority or other contractual rights of employees, it shall first discuss the changes with the Union. The Union retains the rights under the grievance and arbitration provisions to contest the reasonableness of the Company's actions or lack of action. ARTICLE III REPRESENTATION Section 1. Number of Union Committee The employees shall be represented by a Union Committee of not more than nine (9) members, including the President of the Local Union and Chief Steward, who shall be elected in any manner, determined by the Union: The Committee's chief function will be to process grievances. (To qualify as a Union representative or Steward, seniority is required). It is agreed that periodic, unscheduled meetings of the Management Committee and the Union Committee be held to discuss matters of mutual interest. The Recording Secretary of the Union shall be included in all meetings for the purpose of recording only. Section 2. Number of Officers and Stewards During negotiations, the employees will be represented by a negotiating committee not to exceed ten (10) members, including the President of the Local Union and Chief Steward, who will be elected by the Union. At no time shall the number of Stewards exceed thirty (30) members. The Union Secretary will provide the Company with a letter countersigned by the Union President, to indicate the names and titles of all Union representatives; only such people will be recognized by the Company. Section 3. Witnesses in Grievance Procedure The Union Committee or the Company shall have the right to call in any Steward whose assistance may be necessary in settling a grievance during conferences by and between Management and the Union Committee. Said Steward will be paid by the Company if they are called during work hours. Section 4. Joint Grievance Meetings The Company agrees that the time of any member or members of the Union 5

12 Committee, during regular working hours, if required for attendance at joint grievance meetings, shall be paid for by the Company Payments shall be made at the straight hourly rate at which such people are employed and such payments shall be limited to an aggregate total of twelve (12 hours in any one week. Included in the twelve-hour limit is an allowance for preliminary Union Committee meeting as follows: a maximum of one-half (.5) hour for each third-step meeting and one (1) hour for each fourth-step meeting. The Company agrees that should a member of the Union Committee be required to stay beyond their scheduled shift to attend a meeting called by Management for a reason that is not covered within this section, they will be paid in accordance with the Agreement for overtime for that meeting. Section 5. Seniority of Stewards (a) The Union Committee shall be, with respect to lay-off and recall only, at the head of the seniority list during their term of office. Premium time (Saturdays, Sundays, and Holidays) will not be considered a lay-off with respect to the above committee unless the actual seniority of these members entitles them to work on these days. On regularly scheduled work days (excluding premium days), however, the members of this committee shall be at the top of the seniority list on the basis of a full day's work except when job classification must be given preference. (b) Department Stewards shall be at the head of the seniority list with respect to temporary lay-off and recall only on their classified job or for Utility work in their department during their terms of office for their elected shift only (excludes call-ins, hold-overs, weekends, and holidays). This language does not apply to backup Stewards. Section 6. Permission before leaving work area The Union agrees that a Steward will secure permission from their supervisor (or in their absence, team leader) before leaving their immediate work area and will report to the supervisor or team leader upon returning to their immediate work area. The Steward must also obtain the permission of the department supervisor (or in their absence, team leader) for any department they wish to enter. Section 7. Presence in plant office other than during shift The Union agrees that Stewards shall enter and remain in the plant only on their 6

13 respective shifts unless otherwise agreed to by the Union and the Company. Section 8. International representative entering plant The Union agrees that an international union representative may enter the plant only with the permission of the Company, at a time set by the Company, and while accompanied by a Company and Union representative. Section 9. Notice of meetings On all matters requiring the Company or the Union to give official notification, a letter from the Company or the Union shall serve as official notice when signed by the Human Resources Manager or Union President. ARTICLE IV COMPLAINT AND GRIEVANCE PROCEDURE Section 1. Steps of grievance procedure Questions and complaints may be presented to a Supervisor by the employee or group of employees affected and/or by a Steward. Step 1. When a complaint arises, it shall be presented to the Department Supervisor by the Department Steward and the employee or group of employees affected, and every effort shall be made to satisfactorily adjust same. A complaint which is not presented to the Department Supervisor within five (5) working days after the alleged violation of the Agreement shall be waived. Note: Step 2. In Step 1, where the immediate Supervisor is not available, the Area Manager may represent the Company in the grievance procedure. If satisfactory settlement is not reached in the first step, the Department Steward, the Chief Steward (or such Steward designee) shall then present the complaint to the Human Resources Manager, the Department Supervisor, and the Area Manager (or such Supervisory designee) for adjustment. Such presentation shall occur not more than six (6) working days after the conclusion of Step 1, and if not so presented, the grievance shall be considered settled. 7

14 Management and the Union Committee agree that all settlements at second step are non-precedential and will be in writing by the Chief Steward (or such Steward designee), the Human Resources Manager, and the Area Manager (or such Supervisory designee). Step 3. Step 4. Step 5. If satisfactory settlement is not reached in the second step, the complaint shall be reduced to writing in triplicate, stating the Section and the Article violated, if possible, and signed by the employee(s), the Supervisor, and the Area Manager and presented by the Union Committee to the Management Committee for adjustment. Such presentation shall not occur more than six (6) working days after the conclusion of Step 2, and if not presented, the grievance shall be considered settled. However, after such presentation, if a date for a meeting is not scheduled by the company within five (5) working days, the grievance will be considered settled in the Union's favor. Within three (3) working days after cancelling a meeting, the committee cancelling will be responsible for rescheduling another meeting. If the grievance is not satisfactorily adjusted, it shall be presented to the Union Committee and International Representative and the Management Committee and Plant Operations Manager. Such meeting shall take place five (5) working days from the conclusion of Step 3, and if not so presented, the grievance shall be considered settled unless mutually agreed otherwise. In this step, either side may call in such witness as either party may desire. If the grievance is settled under the provisions of this step, the settlement shall be endorsed thereon, and if it still remains unsettled, the position of the Union and the Company representatives shall be endorsed on the grievance. Within three (3) working days after cancelling a meeting, the committee cancelling will be responsible for rescheduling another meeting. Any grievance subject to the grievance procedure set forth in this contract and not satisfactorily disposed of after having been taken through the successive steps of the grievance procedure may be referred by either party to arbitration. It is understood that no such grievance shall relate to the revision of any of the terms of this Agreement, to classification of jobs, to any revision of incentive rates. It may, however, relate to the application of any wage or incentive rate in the same job classification. The matter shall be heard by one arbitrator, who shall be selected from a list of seven, which list shall be obtained from the Federal Mediation & Conciliation Services. From the list of seven, the Union shall first strike one and the Company shall then strike one. This 8

15 procedure shall continue until the one Arbitrator remains. The decision of the arbitrator shall be binding upon both parties and the costs and expenses of the arbitration shall be borne equally on both sides. Section 2. Participation in Steps No individual may act in more than one capacity in the settlement of a grievance. Section 3. Distribution of grievance In all cases when a grievance is settled in third or fourth step, one copy shall be retained by the Company, one copy shall be retained by the Union, and one copy shall be retained by the employee(s) affected. ARTICLE V SENIORITY A. GENERAL SENIORITY CONSIDERATIONS Section 1. Probationary Period New employees shall be considered probationary for the first (120) days they work, during which time their employment shall be at the discretion of the Company. At the end of (120) days worked such employees shall be placed on the seniority list as of the last day of hiring without intervening separation of more than ninety (90) calendar days. Section 2. Medical Exams Seniority shall not later be a bar to termination of employment of any employee failing to pass satisfactory medical examination, if such examination is required and paid for by the Company. Section 3. Plantwide Seniority Seniority shall be on a plant-wide basis, subject to the other provisions of the Agreement. Section 4. Loss of Seniority An employee shall be removed from the seniority list and payroll when such employee: 9

16 (a) (b) (c) (d) (e) (f) (g) (h) (i) Quits. Is discharged for good cause. Fails to contact the Company for work assignment, when recalled, within three (3) working days after certified mail has been sent to the last known address, and the Union has been notified. Time shall commence with postal date mark. This only applies to those cases when an associate cannot be reached by any other method. Fails to return to work upon the agreed date following leave of absence. Is absent from their work shift without permission when called or assigned, providing employee has been previously warned, and given a three (3) day lay-off for the same reason. For any reason other than leave of absence, has not worked for the Company for a period of twelve (12) months, unless employee applies to Human Resources Department within thirty (30) days of the one-year period requesting a six (6) month extension of seniority recall rights. Participates in an unauthorized strike or unauthorized slowdowns. Fails to report to work three (3) of their consecutive work shifts. Refuses to wear the uniform clothing designated by the Company. In (c), (d), (e), and (h), illness or other good cause substantiated to the satisfaction of the Company at its request shall serve as a legitimate excuse. Action under this section is subject to the grievance procedure. When an employee is terminated or suspended, the employee and the Union will be given a written notice promptly. Section 5. Message/Contact Employees shall provide the Company with a message/contact telephone number and advise the Company of any change, such notice to be given in writing. The Company shall be entitled to rely upon the address and phone number as shown in its records. Section 6. Seniority List The Company agrees that it will revise the seniority list upon a quarterly basis and shall give the Union twelve (12) copies of same. Any Union committee person may request and will be permitted to check the seniority record of person(s) in question. B. TRANSFERS AND PROMOTIONS - JOB POSTING Section 1. Job Posting 10

17 Classified jobs will be posted as required by management on the bulletin board plant-wide on Monday before 12:00 noon and dated with the current day's date. All employees who submit their names will be considered if their name is submitted prior to 8:00 a.m. Thursday. Adjustments will be made when a holiday falls within the posting period. If any employee submits their name to Human Resources as an applicant for any vacancy, and at any time chooses to remove their name from the record, they shall be prohibited from bidding on that vacancy or job for a period of one (1) year or any other vacancy for a period of sixty (60) days. Section 2. Bid Restrictions Any employee who bids and receives a rated job will have used one (1) move. If a rated employee drops their rated job (reverting to Utility) they will have used one (1) move. Employees shall be limited to two (2) moves in any twelve month period. A third move to Utility would be allowed only under extraordinary circumstances and only when mutually agreed upon by the Human Resources Manager and the President of the local Union. A lateral transfer will not be filled by another lateral transfer in Group III and above, except for shift change. Management can decline any bid when it is not in the best interest of the Company because of organizational needs in Group III and above. Section 3. Job Re-posting If a rated classification is eliminated and re-posted within 180 days, the employee(s) who previously held the classification will have priority on the posting Section 4. Fill-in Employees When a rated job requires a fill-in employee for greater then 50% of the time over a period of one (1) year, the job shall be posted. This shall not apply when employees substitute for other employee's absences. Section 5. Job Selection Group III and above All Group III and above job classifications will be filled by Management. However, vacancies in these jobs will be posted so that all employees who feel they may be qualified may make application. Applicants will be interviewed in order of seniority. Section 6. Classified Job Probationary Period 11

18 When an employee bids and receives a rated job, the first thirty (30) days worked shall be considered probationary and their continued employment in the position shall be at the discretion of the Company. Probationary time may be extended by mutual agreement between the Union and the Company. Section 7. Training program Skilled trade positions as defined in the Training Program will be posted plant-wide for bidding by all qualified employees. Selection will be based on seniority upon successful completion of aptitude testing, and meeting basic qualifications as required by the training position. Once an employee has completed the training period, that employee will be deemed qualified. C. WORK ASSIGNMENTS AND SCHEDULING Section 1. Labor Call Sheet A labor call sheet shall be posted for the following day's assignments including mandatory training and/or mandatory departmental meetings and posted previous to the end of each shift, in those departments which have by past practice had call sheets posted, and any additional departments that the Union and Company Committee agree are necessary and feasible. Section 2. Work Assignments All work assignments for each shift will be made by first filling all required job classifications for the day according to seniority in each classification. Management reserves the right of scheduling Utility employees as scheduling or Management necessity requires. Section 3. Shift Transfers To avoid being laid off during a week, an employee(s) will be required to transfer between shifts to a job held by a probationary or an open assignment provided they can do the job without training and provided there is a minimum of six (6) hours between the end of their past work shift and the new shift that week. Assignments will be determined by Management. An employee's shift will be established on the first scheduled day of such employee's work week. The employee will remain on that shift until layoff would require employee s seniority to be exercised to move to opposite shift to fill an opening or 12

19 probationary spot before layoff. The employee must at the time state their preference as to whether or not they wish to remain on the shift they are moving to for the remainder of the week per their seniority status. Lower seniority would then move their seniority back to the opposite shift where they would remain as seniority would allow. Employees who do not wish to use their seniority to remain on the shift they were moved to will be the first employees to be laid off when there is no work available. Section 4. Assignments (a) (b) Rated employees whose jobs are not running will be retained in their department to fill vacancies on other rated jobs. Rated employees whose overall seniority requires them to be scheduled will, when reverted to Utility because their job is not running, be assigned to their department according to their departmental seniority ahead of non-departmental employees. Management reserves the right to assign these employees to a different location on a temporary basis when workloads require. Section 5. Work Shift Shutdown Whenever there is a work shutdown during a work shift, those employees working on jobs affected by the shutdown will be sent home or placed in other departments if work is available. It is agreed, however, that any move necessitated by the above procedure will not require the displacement of any employee. Section 6. New Hire Limitation Providing they can do the work, with or without accommodation, all employees on the seniority list, unless on leave of absence, shall, if available, be scheduled before probationaries. Section 7. Overtime Assignment Nothing herein shall be construed as a limitation on the Company's right to require overtime work, provided it pays the employees on the basis provided herein. Scheduled overtime shall be assigned to the highest seniority qualified employee within the classification on that shift. Scheduled overtime in the Utility classification will be assigned in the same manner (see Section 4b). 13

20 Unscheduled overtime for rated jobs shall be assigned to the highest seniority qualified employee within the department holding that particular rated job classification that day. In the event that employee is unavailable, or declines, the overtime shall be assigned by seniority to the next employee with the same rated job classification within the department that day (the lowest seniority rated employee qualified in the department that day shall be forced if necessary). Unscheduled overtime for Utility jobs shall be assigned to the high seniority employee within the department that day. In the event that employee is unavailable, or declines, the overtime shall be assigned by seniority to the next employee within the department that day (the lowest seniority employee qualified in the department that day shall be forced if necessary). Unscheduled early call-in on a rated job will be in order of seniority of the employees scheduled on that rated job classification within the department that day. Rated job classifications when rated employees are unavailable, or decline, shall be filled in the order of seniority by employees scheduled within the department that day as ability to perform with or without accommodations allows (the lowest seniority qualified rated employee within the required rated job classification scheduled within the department that day shall be forced if necessary). Unscheduled early call-in on a Utility job will be in order of seniority of the employees scheduled within the department that day (the lowest seniority qualified employees scheduled within the department that day shall be forced if necessary). Weekend overtime will be assigned to the highest seniority qualified employees holding the particular job classification on that shift, provided they have not been absent for a period of five (5) or more calendar days prior to the day in question. Where Utility employees are required for weekend overtime, those openings will be assigned by seniority to employees who physically worked in the department four of the five preceding days. All other available openings within the department will be filled by plant wide seniority and qualifications. Employees who are on vacation the first five (5) days of a five day work week will not be eligible for overtime the 6th and 7th day. Employees who are on vacation the first four (4) days of a four (4) day workweek will not be eligible for overtime the 5th, 6th, and 7th days. Any unscheduled overtime in all production areas as a result of a line running beyond its normal shift will be assigned to those employees who are working on that particular line at the end of the scheduled shift. 14

21 In the event high seniority declines unscheduled overtime, less seniority replacements in the job classification will be required to work the overtime, provided that the employee requesting relief has completed eight (8) hours and that the replacement employee has completed their scheduled shift at the same time as the requesting employee and is not required for any unscheduled overtime. Section 8. Temporary Assignments Management reserves the right to assign employees to a different shift on a temporary basis when work loads require. D. LAY-OFF AND RECALL Section 1. Less than 30 day lay-off sequence In the event that an employee is laid off for a period less than thirty (30) days, such employee will first displace lower seniority employees in their specific job classifications, then the least senior employee in the Utility pool as their seniority allows before being laid off. Section 2. More than 30 day lay-off sequence In the event of a permanent lay-off or a temporary lay-off scheduled to exceed thirty (30) calendar days which would impact employees: (a) (b) In Group III and above, seniority in those specific job classifications will prevail over plant-wide seniority. When lay-off is required within the Group III and above classifications, Group III and above seniority employees will first displace lower senior employees in their specific job classifications, then the least senior employee in the Utility pool as their seniority allows before being laid off. If seniority allows, such employees will have the option to displace the least senior employees throughout the plant. In Group IV and below seniority employees will first displace lower seniority employees in their specific job classifications, then the least senior employee in the Utility pool as their seniority allows before being laid off. If seniority allows, such employee will have the option to displace the least senior employees throughout the plant with the exception of Group III and above. Section 3. Lay-off exception During periods of production shutdown or the Company is unable to provide work by 15

22 reason of fire, flood, windstorm, power failure, labor dispute or other cause beyond the control of the Company, Article V, D Section 2 will not apply. Section 4. Job elimination An employee whose rated job is eliminated will retain their rate of pay until they bid and receive another rated job for a period of not more than six (6) months, whichever occurs first. Section 5. Recall of employees on temporary lay-off Recall of employees on temporary lay-off will be as defined in Article V, D, Section 1 and 2. Section 6. Recall sequence (a) (b) The Union and Company agree that all time lost due to mistakes made by the Company on the lay-off and recall of employees on the seniority list shall be paid for by the Company provided notice of such mistake is given to the Company by the employee claiming mistake within one (1) week after the mistake was committed, or within one week after the employee returns to work. In the recall of any employees on the seniority list, the Company agrees as follows: (1) If by telephone, the full name of the person answering the phone shall be written down for record purposes. (2) If using a present employee as a messenger, it shall be by written note and the name of the messenger recorded. In both (1) and (2) the written information shall be kept until it is no longer needed under this section of the Agreement. The Union agrees that if the above steps are taken, the Company will not be held liable for claims of lost time by any employee. ARTICLE VI LEAVE OF ABSENCE Section 1. General 16

23 The parties agree that the Company will take all necessary actions consistent with the Family and Medical Leave Act of 1993 hereafter referred to as FMLA. Section 2. Personal Leave. (a) (b) Seniority employees may be granted time off without prejudice to seniority under such conditions as may be prescribed (other than FMLA), not exceeding thirty (30) calendar days for good cause with the consent of the Company. A continuous leave of absence in excess of thirty (30) days (other than FMLA) will require an approved leave of absence and must be requested in writing by the employee or person designated by the employee. Such requests must be made within thirty (30) days of the last day the employee worked. Such leaves must be approved by the Company and the Union. Any requests for a renewal of a leave of absence so given shall require the consent of Management and the Union, providing such request for extension or renewal is presented in writing by the employee at least five (5) days in advance of the expiration date of the original leave. No leave will be extended beyond six (6) months for any reason except for physical disability or as otherwise set forth in this Agreement. In general, leaves will not be granted during heavy pack seasons, except for absolute necessity. In case of accident or illness, an employee may be absent 180 calendar days without prejudice to their job classification providing leave of absence has been granted and such employee is able to perform the job at full capacity. Note: If disability as defined by the Americans with Disabilities Act is a factor, the employee may be required to perform the job classification with or without accommodation. Failure to comply with the provisions as stated above shall make employees subject to termination. Section 3. Funeral Leave Seniority employees who are actively working will be paid eight (8) hours straight time for three (3) consecutive scheduled work days, one day being the day of the funeral or memorial service due to death in the immediate family. Father, mother, brother, sister, wife, husband, child, step-parent, step-child, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandparents, great-grandparents, grandchild, and spouses' grandparents, great-grandparents will be considered immediate family. For the death of a brother-in-law or sister-in-law employees will be paid for one straight time day (must be day of the funeral). 17

24 When the day of the funeral/memorial service falls on an unscheduled Saturday, Sunday, or holiday, the leave may be taken on the immediate scheduled days prior to or after the day of the funeral/memorial service. Section 4. Jury Duty Seniority employees who are actively working and are summoned for jury duty and serve in such capacity shall receive for each day of service the difference between the amount received for such service and eight (8) hours straight time. Employees must be scheduled to work the jury day served in order to be reimbursed. Section 5. National Guard or Reserve Duty Any seniority employee who participates in the National Guard or similar reserve organizations shall be entitled to time off for two (2) weeks per year to attend annual training. During this period, if the amount they receive from the Government each week is less than forty (40) times their straight time hourly rate, they shall be paid an amount equal to this difference for each such week, provided that the employee would have been scheduled to work. Such time off shall be considered as hours worked for vacation computation. Those 2nd and 3rd shift employees who are currently active members of the military reserves or National Guard and are required for week-end training will be paid the difference between eight (8) hours of-their straight time rate including shift premium and their Saturday military pay, provided (1) the employee was scheduled to work the Friday as a part of their normal work week immediately proceeding the Saturday training and (2) provided the employee must miss the Friday work to attend the training. Employees must present satisfactory documentation to the Human Resources Department. Section 6. Union Leave In the event that any Union member is appointed or elected to a full-time job with the Union, such employee will be granted a leave of absence for the period of their tenure of office without loss of seniority provided that such employee applies for reinstatement within thirty (30) calendar days after their term of office. ARTICLE VII WORKING CONDITIONS Section 1. General 18

25 The Union recognizes the Company's right to modify the work schedule for a one-shift operation. It is understood that although there is no guarantee of work or number of hours of work, the normal hours in a one-shift operation shall be ten (10) hours per day and forty (40) hours per week. In such situations, the normal workweek will involve four (4) consecutive days of work and three (3) consecutive days off. For those employees who may be assigned a five (5) day workweek, the normal hours of work shall be eight (8) hours per day five (5) days per week. Section 2. Five day workweek definition Employees who are scheduled to work eight (8) hours per day, five (5) days per week will paid overtime as follows: (a) (b) (c) (d) (e) An employee will receive pay at double time for all work performed on Sunday. An employee will receive pay at time and one half for all work performed over eight (8) hours in any one day. An employee will receive pay at time and one-half for all work performed over forty hours in any week. An employee will receive pay at time and one-half for all work performed on Saturday, however, employees who have an unexcused absence within their scheduled workweek will receive pay at straight time for work performed on Saturday. An employee who is on a job classification requiring that employee to work on Saturdays and Sundays as part of their regular duties (such as boiler room employees) will not be eligible for Saturday or Sunday pay under Section 2 (a) and (d). The employee will, however, be paid at time and one-half if such employee works on the sixth day of their scheduled workweek unless that employee has an unexcused absence in the scheduled workweek. The seventh day of their workweek will be paid at double time. Section 3. Four day workweek Employees who are scheduled to work ten (10) hours per day, four (4) days per week will be paid overtime as follows: (a) An employee will receive pay at double time for all work performed on Sunday. 19

26 (b) (c) (d) (e) An employee will receive pay at time and one half for all work performed over ten (10) hours in any one day. An employee will receive pay at time and one-half for all work performed over forty hours in any week. An employee will receive pay at time and one-half for all work performed on Friday and Saturday, however, employees who have an unexcused absence within their scheduled workweek will receive pay at straight time for work performed on Friday and Saturday. An employee who is on a job classification requiring that employee to work on Fridays, Saturdays, and Sundays as part of their regular duties will not be eligible for Friday, Saturday, or Sunday pay under Section 3 (a) and (d). The employee will, however, be paid at time and one-half if such employee works on the fifth and sixth day of their scheduled workweek unless that employee has an unexcused absence in the scheduled workweek. The seventh day of their workweek will be paid at double time. Section 4. Computation of overtime Hours worked for which time and one-half or double time has been paid under this or any other section of this Agreement will not be considered again as hours worked in computing overtime Section 5. Reporting pay Employees called in to work or scheduled and report for work and are not put to work shall receive four (4) hours pay at the appropriate rate. Employees called in to work or scheduled to work and are put to work may be required to work a minimum of four (4) hours or be paid a minimum of four (4) hours at the appropriate rate. The above provisions shall not apply if an attempt is made to notify an employee through the address or message number filed with the Company and the employee cannot be reached. In such instances, the employee will not be guaranteed work or pay. Section 6. Emergency call-in pay Employees called in for emergency work after working their regular shift and leaving 20

27 the plant shall be guaranteed a minimum of four (4) hours pay at one and one-half (1-1/2) times their base rate. Hours paid for on an emergency call-in basis will not be used in computation of weekly overtime. Section 7. Rest periods (a) (b) The Company agrees to a fifteen (15) minute rest period for all bargaining unit employees in connection with each work period of more than three (3) hours. It is also agreed that when a work period is seven hours long, two fifteen (15) minute rest periods will be granted within said work period. A work period is a period of work not interrupted by a meal break. With the exception of 8-hour continuous work shifts, there shall be a one-half (112) hour lunch period without pay during the work shift. Section 8. Shift Differential (a) (b) (c) Employees will receive an additional twenty-five (.25) cents per hour for all hours worked on the second shift provided a majority of those hours worked fall between 3 p.m. and 11 p.m. Employees will receive an additional thirty (.30) cents per hour for all hours worked on the third shift provided a majority of those hours worked fall between 11 p.m. and 7 a.m. The starting time of second and third shifts shall not be arranged by the Company so as to avoid the above provision but the Company shall have right, if business conditions require or permit, to discontinue, or to extend the operations to three shifts. It is mutually agreed that shift differential will not apply to first or second shift workers whose daily hours have been extended. Section 9. Pay on day of injury When an employee is injured, so as not to allow their continuation on the job, they shall be paid for the remainder of the day in which injury occurred, providing the attending physician states it would be inadvisable for the employee to continue working. If an employee must leave work during any day to report for medical treatment or x-ray because of injury they received in the Plant, they will be paid their base rate of pay for a maximum of three (3) hours for the time spent away from the Plant during their scheduled work hours for this purpose. Exceptions may be made upon mutual agreement of the parties. 21

28 Section 10. Notification of change in schedule In changing regular working hours, all employees shall be notified as far in advance as possible. ARTICLE VIII VACATIONS Section 1. Schedule length and pay Qualified employees will be eligible for vacation and vacation pay on the following basis: (a) On the first and second anniversary of their seniority date: one (1) week and 2% of their actual earnings in the year since their seniority date or last seniority date anniversary. (b) On the third through the seventh anniversaries of their seniority date: two (2) weeks and 4% of their actual earnings in the year since their last seniority date anniversary. (c) (d) On the eighth through the fourteenth anniversaries of their seniority date: three (3) weeks and 6% of their actual earnings in the year since their last seniority date anniversary. On the fifteenth through the nineteenth anniversaries of their seniority date: four (4) weeks and 8% of their actual earnings in the year since their last seniority date anniversary, (e) On the twentieth and succeeding anniversaries of their seniority date: five (5) weeks and 10% of their actual earnings in the year since their last seniority date anniversary. Section 2. Scheduling Vacation time shall be granted by the Company so as to interfere least with continuance of operations. The Company reserves the option to schedule vacations on a group basis at different periods. Employees entitled to three (3) or more weeks of vacation may be required to take one (1) of their weeks during production shutdown. The Company will post notice of shutdown thirty (30) days prior to the date shutdown will begin. 22