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This Agreement is made and entered into as of October 22, 2018 by and between Ventra Ionia Main, LLC and Ventra Ionia Paint, LLC and Ventra Ionia Service Plant, LLC of 14 Beardsley Street, Ionia, Michigan and 719 W. Main, Ionia, Michigan and 1790 E. Bluewater Hwy, Ionia, Michigan, hereinafter referred to as the “Company,” and the I.U.E./C.W.A., AFL/CIO and its Local Union No. 84436, hereinafter referred to as the “Union.”
The Company and the Union have a mutual objective in maintaining successful and profitable operations of the business and constructive labor relations, bearing in mind that the Company is a customer service plant. The parties agree that the following conditions of employment will govern the employment of those individuals covered by this Agreement and designated as employees of Ventra Ionia Main, LLC and Ventra Ionia Paint, and Ventra Ionia Service, LLC at its plant located at 14 Beardsley, and 719 W. Main, Ionia, Michigan and 1790 E. Bluewater Hwy Ionia, Michigan.
Article One Recognition
1.1 Bargaining Unit Pursuant to and in accordance with all applicable provisions of the Labor Management Relations Act, as amended, the Company recognizes the Union as the exclusive bargaining representative relative to wages, hour and other conditions of employment for employees in the following unit:
All production and maintenance employees, including die repair employees, shipping and receiving employees, plating employees, truck drivers and stores clerks employed by the Company at its facilities located at 14 Beardsley Road, and 719 W. Main, Ionia, Michigan and 1790 E. Bluewater Hwy, Ionia Michigan, but excluding those hourly employees who choose not to belong to the union, office clerical employees, technical employees, professional employees, foreman, guards, and supervisors as defined in the Labor Management Relations Act. The terms of the agreement are applicable to all employees in the bargaining unit, members and non-members. All employees who are not members shall not be required to involuntarily pay any dues, fees, assessment or any other charges to the union as a condition of employment.
If Michigan’s Right to Work Law is nullified or repealed the following (1.2) will be applied;
1.2 Union Security All present employees covered by this Agreement, as a condition of employment, shall be required to become and remain members of the Union to the extent of paying the uniform monthly dues and uniform initiation fee required as a condition of maintaining membership in the Union by the end of 30 calendar days after the date of this Agreement. All new employees hired after the date of this Agreement shall, upon completion of their probationary period, be required to become and remain a member of the Union to the extent of paying the initiation fee and monthly dues uniformly required as a condition of acquiring and maintaining membership in the Union. The Union shall accept into membership each employee covered by this Agreement who tenders to the Union the uniform monthly dues and uniform initiation fee required as a condition of acquiring and maintaining membership in the Union.
1.3 Dues Check-off The Company will deduct from the wages of each employee, who individually and voluntarily certifies in writing or dues check off card with electronic signatures to the Company that they authorize such deduction, the uniform initiation fee and uniform weekly dues hereafter levied by the Union in accordance with its constitution and by-laws and in accordance with any state or federal law in existence.
Such authorization shall be effective the month in which received by the Company and shall not be irrevocable for more than one year, or the termination date of the contract, whichever is first.
Deductions will be made every payday of the dues for that week and all sums deducted shall be remitted to the Financial Secretary of the Local Union no later than the 15th of the following month.
Deductions will be made on the first payday of each calendar month of the dues for that calendar month and all sums deducted shall be remitted to the Financial Secretary of the Local Union no later than the 10th day of the calendar month in which the deductions are made.
The Company will submit to the Union a monthly record of those employees from whom dues deductions have been made together with the amount of such deductions.
The Union shall certify not later than the 25th of each calendar month the amount of membership dues to be deducted from the pay of each employee for the following month. Such notice will be a continuing notice until a change in the amount of such dues is made by the Union.
Upon written authorization from an employee, the Company agrees, after receiving a minimum of 15 participants from the Union membership, to deduct from the wages from such employee on a weekly basis, and forward to the Financial Secretary of the Local Union on a monthly basis, C.O.P.E. deductions. Any employee may cancel their authorization for C.O.P.E. deductions upon written notice to the Company.
The Union agrees to indemnify the Company for any loss or damages arising from the operation of this Article. It is also agreed that neither any employee nor the Union shall have any claim against the Company for any deductions made or not made unless a claim of error is made in writing to the Company within 30 calendar days after the date such deductions were or should have been made.
Article Two Representation
2.1 Shop Committee The employees covered by this Agreement will be represented by a Shop Committee of members selected by the members of the bargaining unit, each of whom must have seniority with the Company. The Shop Committee is up to a five-member committee, consisting of the President of the Local Union, and/or Vice President, and three shift Stewards.
The following number of Stewards will be allowed from these plant areas on each shift:
Assembly 3 Buffing 2 Molding 1 Plating & Back Side 1
Welding 1 Skilled Trades 2 Housekeeping 1 Paint Plant 2 Service 1
There will also be 1 Alternate Steward allowed per plant area per shift. Stewards must be from the departments they are listed to serve i.e. permanently assigned for work purposes. In the event no area Steward is available the Supervisor will get the steward from the next closest department.
2.2 Notice to Company The Company shall be informed in writing of the names of the Union representatives and Stewards, including any change in status of such persons within five working days of a change. The Company shall likewise inform the Union of any change in its supervisory force.
2.3 International Representative of the Union An International Representative of the Union may enter the plant during working hours for the purposes of policing this Agreement and may be present at any meetings of the Shop Committee and the Company. The President, Vice President, Chief Steward and Members of the Shop Committee of the Local Union will have the same privilege during their off-shifts. Such representatives will notify the Company upon the entrance to and departure from the facilities and will use the visitor’s entrance for such purposes. The visit will be conducted so that there is no disruption of work.
2.4 Pay For shop Committee Time A member of the Shop Committee will be paid for the time spent in Union-Management meetings, such as grievance meetings, at times which are convenient for both parties. There will be no pay by the Company for a Committee person’s time spent in an arbitration hearing.
For Union-Management meetings for the purpose of negotiating a new contract, the Company is willing to pay a reasonable number of hours at straight time to each Committee member for time lost from the Committee member’s regular work shift for the new contract negotiations. The amount of time to be covered by the Company will be decided as part of the new contract negotiations.
Approved hours spent for Union Business, both paid and non – paid, will be counted as hours worked for the purposes of overtime for Stewards and members of the Shop Committee.
2.5 Chief Steward Pay The Company will continue its practice of paying the Chief Steward his/her classification wage during the hours of 6:00 am to 4:30 pm Monday thru Friday. The Company will also continue to allow weekend overtime to be volunteered by the Chief Steward in his/her classification.
The Chief Steward shall work out of the Union Hall or a suitable office inside the Beardsley Rd. facility, in an area mutually agreed to by the Union and the Company.
Article Three Management Rights
3.1 Management Rights The Company retains exclusively all the customary and normal functions of management including, but not limited to, the right to hire, recall, transfer and promote employees, to reprimand, demote, suspend, discipline and discharge employees for just cause, to lay off employees for lack of work or other legitimate reasons, to establish rules, and to maintain discipline and efficiency of employees. The Union reserves the right to grieve when action taken by the Company under this Section is contrary to a specific limitation of such Company rights contained in this Agreement.
The Company reserves to itself exclusively and solely all the rights pertaining to plans and decisions on all matters involving the products to be manufactured, the place where they are manufactured, the location of operations, the schedules, the methods, means and processes of manufacturer, materials to be used, to contract out all or any portion of the work and the right to introduce new and improved methods and facilities and to change existing methods and facilities. However, production work for which the Company has the necessary facilities and equipment will be sent outside only when no seniority bargaining unit employee with the necessary abilities are on layoff.
3.2 Inventory The taking of inventory, including the means, methods and personnel to be used, is a management accounting function reserved solely and exclusively to the Company. The Company will give preference to senior qualified employees who are familiar with the work whenever the Company chooses to use bargaining unit employees for inventory; such personnel when used will be paid their regular rate of pay in accordance with Article 10.3.
3.3 Rules The Company has the right to make such reasonable rules and regulations not in conflict with the specific provisions of this Agreement as the Company may from time-to-time deem best for the purpose of maintaining order, safety and/or effective operations. In the event a Company rule is altered in any way or a new rule is established, before being implemented, the Company will discuss the reason for the change with the Shop Committee and ask for input prior to the new rule or the change to a current Company rule.
Parties agree to leave attendance policy out of contract but do commit not to change the attendance policy during the life of this agreement.
Write ups start after 6 points
Tardy and Leave early Changes to ½ Shift rather than 1 hour
Article Four Industrial Peace
4.1 Industrial Peace Continuous and uninterrupted manufacture and production of goods by the Company and orderly collective bargaining relations between the Company and the Union to secure prompt and fair disposition of grievances being essential considerations of this Agreement, therefore, the Union agrees for itself and on behalf of its members, that during the term of this Agreement, there will not be, nor will the Union call, cause, sanction, take part in, or assist in, any strike, picketing, sit down, stay-in, slowdown, or other curtailment or restriction of the Company’s operations. The term “any strike” shall include sympathy strikes.
In consideration of the Union’s commitments, the Company agrees that there shall not be any lockouts during the term of this Agreement over any matter.
Article Five Grievance and Arbitration Procedures
5.1 Grievance Definition A grievance is defined as a complaint or dispute over the interpretation or application of a specific provision of this Agreement.
5.2 Verbal Procedure Any employee or employees having a complaint as defined in paragraph 5.1 must contact their immediate supervisor together with their Steward, or have the Steward present the complaint for them in an attempt to settle it.
5.3 Written Grievance Procedure
(a) Step One. If the grievance is not settled under Section 5.2 above, the grievance will be put in writing, on a form supplied by the Union, and delivered to the Supervisor no later than seven working days after the employee has knowledge or reasonably should have known of his grievance. Grievances regarding attendance discipline will be presented to the Human Resource Department. Such written grievance shall state the facts upon which it is based, shall specify the specific provision(s) of the Agreement allegedly violated, and shall be signed by the employee.
The Supervisor will give a written answer to the grievance within three working days after the day on which the grievance was received by the Supervisor. The Supervisors answer will be specific to the dispute or complaint: answers such as “Refer to HR” or “Denied” will not be acceptable.
(b) Step Two. If the Supervisor’s written answer is not satisfactory to the Union, the Chief Steward may give notice of appeal of the grievance to Human Resources Manager within five working days after receipt of the Supervisor’s written answer.
The step two meeting will be scheduled between the Human Resources Manager and the Chief Steward and President or Vice President of the Local Union, to be held each Thursday unless changed by mutual agreement. The employee(s) involved in the grievance may be requested to attend this meeting by either party. At the conclusion of the meeting or within five working days thereafter, the Company shall give a written answer to the grievance.
(c) Step Three. If the Company’s answer in step two is not satisfactory to the Union, the Union may give notice of appeal to the Human Resources Manager within five working days following the day on which the Company’s answer at step two was received.
The step three meeting shall be held monthly unless the parties agree otherwise. The Shop Committee and the International Representative of the Union may represent the Union at this meeting. The employee(s) involved in the grievance may be requested to attend this meeting by either party.
The Company shall respond in writing, to any grievances or topics discussed, within 10 working days, unless mutually agreed to extend longer, following the day on which the step three meeting was held.
(a) Appeal to Arbitration. If the Union is not satisfied with the Company’s answer at step three, the Union may give the Company’s Human Resources Director notice of appeal to arbitration in writing no later than 30 calendar days following the day on which the Company’s answer at step three was given, or if not given, was due. Failure of the Union to so appeal to arbitration shall mean that the grievance has been withdrawn by the Union.
(b) Selection of Arbitrator. If notice of appeal to arbitration is given under subsection 5.5(a) above, the parties will endeavor to select a mutually satisfactory Arbitrator during a ten workday period following the date of such notice. If they are unable to do so within such period, the parties shall request that a panel of arbitrators be furnished by the Federal Mediation and Conciliation Service. The parties shall then select the Arbitrator by alternatively striking from the FMCS panel, with a coin toss deciding who strikes first.
(c) Arbitration Procedures. The parties agree that the Arbitrator and the arbitration shall be subject to the following:
The Arbitrator shall be empowered to rule only on those grievances, which involve an interpretation or application of this Agreement. If the Arbitrator shall find that a matter is beyond his jurisdiction, he shall render a decision to that effect.
(1) The Arbitrator shall not add to, detract from, or change the terms of this Agreement.
(2) If a question of back pay is involved in a grievance arbitrated, an award of back pay shall be the amount designated by the Arbitrator. Back pay shall also be limited to the amount of base wages the employee would have earned, less any amount received by him from other employment, and less any amounts received in unemployment, workers’ compensation and weekly disability benefits paid for or provided by the Company.
(3) It shall be the responsibility of the Arbitrator to render a decision within 30 days of the closing of the case, if possible.
(4) The charge of the Arbitrator for his fees and expenses shall be borne equally by the parties.
(5) The Arbitrator’s decision on an arbitrable matter within his jurisdiction shall be final and binding upon the Company, the Union, and the employee or employees involved.
(6) The Federal Mediation and Conciliation Service’s Rules for voluntary Arbitration shall apply to such arbitration.
(7) Only one grievance shall be presented to an Arbitrator in any one hearing, unless the parties agree in writing to combine grievances for the same Arbitrator.
(8) Settlement of grievances shall be in writing and signed by the parties.
5.5 Grievance Procedure – General
(a) Time of Grievance Meetings. In carrying out the steps of the verbal and written grievance procedure, it may be necessary for an employee and/or Union Representative to be released from their work for the presentation or discussion of a grievance. However, no Union Representative shall leave his work for a grievance processing purpose without first obtaining permission to do so from his Supervisor. If, in the Supervisor’s judgement, the nature of his work requires that it be covered by another employee, the Supervisor shall arrange for such a replacement employee as promptly as is reasonably possible under the circumstances prevailing, but in no event longer than one-half hour.
Any meeting called pursuant to the verbal or written grievance procedure shall be scheduled at a time likely to cause the least disruption of work of the employee’s involved in the meeting, not to include scheduled breaks and/or lunches. Any employee who is released from his work for a grievance meeting shall be paid for any time for scheduled work time missed.
It is the mutual goal of the parties to achieve the prompt processing of grievances and the fair disposition of them with a minimum loss of work time.
(b) Grievance Time Limits. Any grievance not appealed to the next step in accordance with this Article Five shall be deemed resolved on the basis of the Company’s last response.
Any grievance not responded to by the Company within the applicable time limit shall be deemed to have been denied and be automatically advanced to the next step of the grievance procedure, excluding arbitration.
Time limitations provided for in this Article Five may be extended and grievance steps may be waived or combined only by written agreement of the Company and the Union.
The time and date of receipt of all grievance documents shall be placed on the documents and shall be initialed or signed by the Grievant, the Union Representative, and the Company Representative.
As used in the Article Five, “working days” shall be Monday through Friday, inclusive, excluding any paid holidays as provided in Article Thirteen.
Article Six Termination or Discipline
6.1 Termination or Discipline The Company shall not terminate or discipline an employee without just cause. This limitation shall not apply to probationary employees.
In the event that an employee is terminated or otherwise disciplined, the Union Chief Steward will be given notice, with explanation, of such action during the shift, if possible, or as soon thereafter as possible. If the employee is in the plant working at the time such action is taken the Chief Steward or Steward will be notified and will be present.
In the event of suspension or termination for attendance, the Chief Steward will be given prior notice of three (3) working days of the suspension or termination and be present. If the Chief Steward cannot be present then a Steward of mutual agreement between the Company’s HR Manager and Chief Steward, from the employee home shift and department will be utilized.
Disputes relating to discipline shall be submitted to the grievance procedure at step one not more than seven working days following the discipline. Thereafter, the provisions of Article Five shall apply.
Disputes relating to termination shall be submitted to the grievance procedure at step two not more than seven working days following the discipline. Thereafter, the provisions of Article Five shall apply.
6.2 Investigatory Suspension If the Company has reason to believe that an employee is subject to disciplinary action, the Company may suspend the employee for up to five working days or longer if by mutual agreement between the Company and the Union, pending an investigation. The Union will be given notice of an investigatory suspension. If the Company’s investigation does not result in discipline being imposed, the employee shall be made whole for time lost during the period of suspension.
6.3 Inclement Weather No discipline will be imposed for absences related to any days in which roads are impassable due to weather. The company shall discuss with the Chief Steward and a member of the Shop Committee situations involving inclement weather impacting the majority of the employees on a given shift.
It shall be the employee’s responsibility to provide acceptable proof of road conditions. The roads in question must be associated with the employee’s route to and from work.
Acceptable proof must include any documentation from the road commission, local or state police, weather station reports or photos. (Photos of an employee’s yard or driveway will not be acceptable.)
It is agreed and understood by the parties that all bargaining unit employees are expected to be at work during times of inclement weather unless it is publicly communicated that the plant is closed.
Employees that are at work during the time of inclement weather that choose to go home may do so with the understanding that the employee will be subject to the Company’s Attendance Policy.
Article Seven Seniority
7.1 Probationary Employees All new employees shall be considered on probation for the first 75 calendar days, except employees who work the Continuous Operations Schedule who will be on probation for the first 90 calendar days.
The probationary period may be extended for an additional 30 calendar days by mutual agreement between the Company and the Union. A Performance Review will be completed for each probationary employee whose probation is to be extended, a copy of which will be given to the Union.
During the probationary period, an employee may be terminated by the Company in its sole discretion.
After completion of the probationary period, an employee’s name shall be added to the seniority list with a seniority date as of the first date of hire.
During the probationary period, new employees shall not be covered by the terms of this Agreement.
All probationary employees, direct or agency placements will have the same Probation period which is equal to 75 calendar days.
7.2 Seniority Definition Seniority shall be defined to mean the length of the employee’s continuous service with the Company since his most recent hire date.
If more than one employee has the same seniority date, they shall be assigned to the seniority list by alphabetical order of surnames. Later changes in surnames will not affect the order of seniority.
An employee shall acquire seniority after he successfully completes the probationary period in section 7.1. The application of seniority shall be limited to the preferences recited in this Agreement. It is recognized that seniority arises only from this Agreement.
7.3 Seniority List Within 30 days after the signing of this Agreement, and every month thereafter, the Company will post a current dated seniority list at all plants by the time clocks. The Union will be given a copy of the list at the time it is posted.
It shall be the responsibility of the employees to check any such posted seniority list and to notify the Company of any error contained therein within 14 days from the date the list is posted. The Company may presume that the list as posted is accurate, except for any alleged errors of which the Company is notified within such 14 days.
Should an error be discovered after such 14-day period, the Company and Union agree that such error will be corrected at the time of discovery but without any liability on the part of the Company or the Union for such error.
7.4 Temporary Layoff When the work force is to be reduced due to emergencies, machine or equipment breakdowns, shortage of materials, temporary lack of work, or other production difficulties which are of a temporary nature, employees affected by the condition may be laid off by seniority for a period of (1) one day up to thirty working days.
When such conditions are anticipated to be more than (1) one day the Company must use a voluntary procedure starting at the top of the seniority list. However, if there is a probationary employee working elsewhere in the affected classification, an affected employee with seniority will not be required to take a temporary layoff if qualified to replace the probationary employee.
If less than all such affected employees are temporarily laid off, the less senior employees will be laid off first, if there are insufficient volunteers, so long as the remaining employees have the ability to do the required work.
In no event, as a result of a temporary layoff, will an employee be allowed to change their current shift.
The Union will be given prior notice before any volunteers are taken for a temporary layoff in excess of one day.
When conditions such as listed above are anticipated to be less than one day’s duration employees whose jobs are affected may be laid off for that period of time.
7.5 Indefinite Layoff When the work force is to be reduced for a period in excess of thirty working days, the following procedure shall apply.
(a) The Company will lay off employees from the classification which the Company has decided to reduce.
(b) Probationary employees in each classification shall be laid off before any employee with seniority is laid off from that classification provided that the senior employees retained have the ability to do the required work.
(c) The next employee to be laid off shall be the employee with the least seniority in the classification affected and so on, provided, however, that the employees remaining have the ability to do the required work.
(d) An employee displaced from his regular classification under the provisions of subsection (c) of this Section shall be assigned by the Company to replace the least senior employee in another classification where he has the ability to perform the required work, provided he has greater seniority than the employee he is to replace.
If there is more than one classification or shift available to the laid off employee, he will be allowed to choose. The affected employee may also choose to be laid off.
An employee may exercise seniority in a layoff to upgrade to a classification with a higher rate of pay if they have held that classification within the last 12 months and never been disqualified from it.
(e) The Company will give the Chief Steward or President of the Union notice of an indefinite layoff 48 hours before the indefinite layoff is to begin. (For this purpose, the layoff begins at the start of the initial shift on which regularly scheduled work is cut back.)
7.6 Recall Recall to work shall be accomplished in the following manner:
(a) The normal order will be for the employee with the greatest seniority for whom the recall is not an upgrade to be recalled, provided, however, that the recalled employee has the ability to perform the required work. An employee recalled to a classification other than his own classification retains recall rights to his regular classification as provided above. An employee’s regular classification is the one from which he was first laid off.
(b) An employee displaced from his regular classification under the layoff provisions of Section 7.5 above shall have recall rights to such regular classification and must accept such recall when offered. If the employee declines this recall, then the current classification held as a result of the layoff provisions becomes his regular classification.
(c) In the event employees are on layoff from any classification after all laid off employees from other classification(s) have been recalled, the Company shall recall laid off employees to such openings in order of seniority before hiring new employees, provided that the employee recalled has the ability to perform the required work and provided the recall would not be an upgrade.
If an employee recalled to a classification other than his own under this subsection (c) declines such recall, he shall have no further recall rights until recalled to his classification, unless he informs the Company in writing that he wishes to accept any available work. Also, the junior most employee that is on layoff must accept a recall.
An employee recalled to a classification other than his own classification under this procedure shall not have recall rights to such classification if he is subsequently laid off from that other classification except as provided in this subsection 7.6 (c).
(d) Upon being recalled to a classification other than his/her regular classification, the employee will have the right to sign any job postings that may arise, and if awarded such bid will maintain recall rights to the regular classification and location from which displaced.
(e) For purposes of this Article, the following are classifications:
Assembler Material Handler Auto Sweeper
Cleaner Hand Sprayer Service Packer
Hand Welder Press Operator/Destack Operator Q.A.
Forklift Operator Robotic Welder Buffer Paint Repair
Loader/Unloader Relief/Utility Person Stores Clerk
Unloader/Plating Mold Setter Operators Recycler
Injection Mold Operator Transfer/Progressive Press Operator
Waste Treatment Specialist Semi-Skilled Maintenance
Die Repair Journeyman Die Repair “A”
Die Repair Apprentice Die Repair Helper
Assembly, Molding Maintenance Journeyman Assembly, Molding Maintenance “A”
Assembly, Molding Maintenance Apprentice Assembly, Molding Maintenance Helper
Press Lines/Welding Maintenance Journeyman Press Lines/Welding Maintenance “A”
Press Lines/Welding Maintenance Apprentice Press Lines/Welding Maintenance Helper
Buffing, Conveyors, Maintenance Journeyman Buffing, Conveyors, Maintenance “A”
Buffing, Conveyors, Maintenance Apprentice Buffing, Conveyors, Maintenance Helper
Mold Repair Journeyman Mold Repair “A” Mold Repair Apprentice
Plating, Facilities, Solution Maintenance Journeyman
Plating, Facilities, Solution Maintenance “A”
Plating, Facilities, Solution Maintenance Apprentice
Facilities, Solution Maintenance Helper
Paint Plant Maintenance Journeyman Paint Plant Maintenance “A”
Paint Plant Maintenance Apprentice Paint Plant Maintenance Helper
7.7 Recall Procedure When employees who have seniority with the Company are recalled to work from a layoff, the following procedure shall be followed:
(a) The Company shall attempt to telephone the employee, with the phone number on file in HR first, and then notify the employee by certified mail, return receipt requested, sent to his last known address and a copy of the letter will be given to the Chief Steward on the day in which it was mailed.
If the Company cannot contact the employee, a less senior employee may be called.
If the employee reports to work within three working days from the receipt or attempted delivery of the notice, he shall not be paid for reporting, but shall be placed on his job just as soon as possible within two working days.
(b) If an employee does not report for work within three working days following receipt or attempted delivery of certified notice of recall, he shall be considered having voluntarily quit.
In the event that accident, sickness or similar emergency prevents an employee from reporting within three working days, he shall not lose his seniority, provided that the employee can satisfactorily establish these reasons for his failure to report.
(c) It shall be the employee’s sole responsibility to keep his current telephone number and address on file within the Company Personnel Office on the approved form. The employee and the Union shall be given a copy of the completed form.
7.8 Loss of Seniority An employee’s seniority and employment relationship with the Company shall terminate for the following reasons:
(a) If he quits or retires.
(b) If he is discharged for cause.
(c) If he is absent from work for three consecutive working days without properly notifying the Company, unless the employee has an excuse acceptable to the Company.
(d) If he fails to report for work within three working days following receipt or attempted delivery at his last known address of recall by certified mail sent to his last known address, except as otherwise provided in Section 7.7.
(e) If he fails to return on the required date following a leave of absence, unless the employee has an excuse acceptable to the Company.
In Accordance with Work Rule #35 an employee who fails to return would only receive 1 attendance occurrence per day.
(f) If he is on sick leave for a period equal to the length of his acquired seniority at the time the leave began, but in no event less than 12 months or more than 24 months.
(g) If he is on layoff for a period equal to the length of his acquired seniority at the time the layoff began, but in no event less than 12 months or more than 36 months.
(h) If an employee is on a Long-Term Medical Leave and the Company has been notified by a source acceptable to the Company of his intent is not to return to work or that he has made application for Social Security Disability, his position - classification and shift, shall be considered open for purposes of 7.14 Promotions and 7.15 Shift Preference.
7.9 Non-Bargaining Unit Employees Any employee in the bargaining unit who has heretofore, or who is hereafter, promoted to a position outside of the bargaining unit, shall retain seniority for a period up to 30 calendar days after which his seniority shall terminate but during the 30-day period such employee may elect to return to the bargaining unit or may be returned by the Company.
If the employee is returned to the bargaining Unit within the 30-Day Period, the length of the employee’s seniority will be adjusted downward one day for each day worked outside the Bargaining Unit.
A promoted employee who is terminated by the Company in its discretion during this 30-working day period is not eligible for return to the bargaining unit if the termination is for cause.
In no event will a Bargaining unit employee be temporarily transferred to a Management/Technician position.
7.10 Permanent Job Transfers An employee who is permanently transferred from one classification to another shall carry his seniority with him to the new classification.
7.11 Temporary Job Transfers The Company may temporarily transfer an employee to another classification when such transfer is considered necessary for the Company’s work. Temporary transfers shall not exceed 45 calendar days in any one transfer except when the transfer is into a vacancy caused by leaves of absence or vacations.
Employees who are temporary transferred under this Section of the Agreement for any period more than one-half hour shall receive their straight-time hourly rate of pay, or the rate of the job to which transferred, whichever is greater.
When employees are transferred under this Section, the transfers will be done by first utilizing senior qualified volunteers. If sufficient volunteers are not available, then the least senior qualified employees will be assigned.
This process will not apply in situations such as “line shutdowns”
It is not the intent of the company to assign relief utility for an opening of an extended duration.
7.12 Rate of Pay After Transfer
An employee who is transferred to another classification as a result of exercising his rights under Sections 7.5, 7.6 and/or 7.7 (i.e., layoff and recall rights) shall receive the seniority rate of the classification to which he transfers, unless he previously had seniority in such classification and was already at the job rate in such classification. Therefore, he shall be entitled to any applicable wage progression to the job of such classification.
An employee who is transferred under Section 7.11 to a higher rated classification shall receive the seniority rate of the new classification or his present rate, whichever is higher. Thereafter, he shall be entitled to any applicable wage progression to the job rate of such classification.
An employee who is transferred under Section 7.10 to a lower-rated classification shall receive the job rate for such classification.
7.13 Representative Seniority The members of the Shop Committee shall have preferential seniority in their classification and shift for purpose of layoff and recall, but not for any other purpose. No other employee holding an office in the Union shall have any preferential seniority except as listed above.
The President, Vice President, Chief Steward, Recording Secretary, Financial Secretary, and members of the Shop Committee (Shop Committee defined as the President, Vice President and three Union Stewards) of the Local Union will be assigned to the day shift.
A shift Steward will not be subject to being placed on another shift by application of Section 7.15, or by the direction of the Company for reasons such as, equaling out the shifts.
(a) Posting. The Company and the Union subscribe to the principle of upgrading employees within the bargaining unit. When there is a need for a specific Classification, the Company will post a notice of Job Posting for the vacancy.
The notice will be posted for three (3) working days.
If employee is absent due to vacation or bereavement, he will be allowed to sign the Job Posting within two days of returning to work.
The posting will specify the Classification, shift start time and department of the opening. It shall also specify the necessary qualifications.
The Chief Steward will be given a copy of any such posting prior to it being posted. Any employee with the necessary qualifications may sign the posting.
Prior experience within the Department will be preferred for the Relief/Utility classification.
(b) Awards. An employee who signs the Job Posting and is awarded the position must take the position. If the successful bidder is not placed on the job within (10) ten working days after the job posting is taken down, he will receive the higher rate of pay.
These jobs will be awarded to the most senior employee
Assembler Loader/Unloader Cleaner
Service Packer Robotic Welder Auto Sweeper
Injection Mold Operator Unloader/Plating Hand Sprayer
Paint Repair Buffer Recycler
Q.A. *must be able to pass color test
Material Handler *must have valid driver’s license
Forklift Operator *must have valid driver’s license
These jobs will be awarded based on skill and ability to employee with less than 2 Attendance write Ups and 1 or less Work Rule Violations:
Waste Treatment Specialist Maintenance Helper Mold Setter
Relief/Utility Person Skilled Trades Stores Clerk
Press Operator/De-stack Hand Welder
Transfer Progressive Press Operator
Positions will be awarded as defined above.
In the event that two or more employees who are qualified bid on the same vacancy, the position will be awarded to the most senior qualified bidder.
If no eligible current employee bids on the vacancy the Company shall have the right to hire a new employee to fill the vacancy.
Chief Steward will be notified prior to any Bid being awarded to make sure this contract has been followed.
(c)Trial Period. An employee awarded a vacancy will be given up to a 30 workday trial period beginning on their first day working on the new job.
During the trial period, the employee may elect not to stay with the bid classification, or the Company may disqualify the employee, which will be based on written Performance Reviews.
A temporary vacancy will exist in his former classification until completion of the trial period in his new classification.
Any employee who disqualifies himself or is disqualified by the Company will be returned to his original shift and classification and wage rate within (5) five working days and shall be ineligible to re-bid the classification from which disqualified for a period of twelve months and from all job bidding for a period of four months.
(d) Skilled Trades. The above procedure will be allowed for Journeymen, apprentices or Maintenance “A” Solution Attendants in the Skilled Trades Department, only within their Classification and Work Area; the exception would be if an employee wants to bid out of skilled trades and into the general labor classification, they shall have the right to sign and bid on any new posting.
Openings for apprentices will be filled according to the Apprenticeship Program.
(f) Job Rotation/Cross Training. The Company recognizes that job rotation and/or cross training is in the best interests of both the employees and the Company to the extent that it can be accomplished efficiently without interference with production.
Employees shall express their interest in writing in a job within their classification to the immediate Supervisor.
Upon receipt of such request the Supervisor will endeavor to place the employee in the requested work area within 15 working days where the employee shall remain, by mutual agreement with the Union, employee and Company, for up to 10 working days.
The Company will not be obligated to rotate and/or cross train more than 5 employees, within the same classification, during the same time period.
During the training period the employee displaced will be required to backfill the employee who is being cross trained. Employees seeking to be cross trained may only displace an employee of lesser seniority for cross training purposes.
The Supervisor may elect to keep the employee on the new job task or return him to his original job task.
7.15 Shift Preference Shift preference will be handled as follows:
(a) Once a year in November the 35 most senior employees who want to move, may elect to move to another shift within their classification. To accommodate their move, the Company will move the least senior employees to another shift within that same classification.
The Company will provide the Chief Steward with a list of all employees who requested a shift change, within 3 work days of the completion of the shift preference signup and the results of all shift changes made.
Employees desiring shift preference will notify the Company by the second Friday in October, for the shift preference to be effective on the first Monday in November, respectively.
The employees who sign for a shift transfer and are among the 35 most senior granted, the employee will be required to take the transfer.
(b) Two employees in the same classification may be allowed to switch shifts for up to four weeks, but only in the discretion of the Company. No grievance will be filed if the Company disapproves such a request.
(c) In the discretion of the Company, the shift of an employee may be changed at other times as follows:
(1) At the request, or with the consent, of the employees. A copy of the request form will be supplied to Chief Steward or
(2) At the direction of the Company.
If done under (2) above, the Company will seek volunteers and then the least senior employee in the classification will be moved to another shift, so long as this will result in the Company having sufficient employees with the ability to do the required work on each shift.
(d) Skilled Trades – The above procedure will be allowed for Journeymen, or Maintenance “A” Solutions Attendants, in the Skilled Trades Department, only within their Classification and work area.
(e) Employees that is temporarily transferred to a position that is made available by an employee going on medical leave, will utilize the seniority date of the employee that is absent, for shift bump reasons only.
In no event will an employee be allowed to sign the shift preference roster and bump from a shift that he is not currently on.
7.16 Transfer between Plants When the Company transfers production employees between plants covered by this Agreement, senior employees requested to transfer will have the option to accept the transfer or refuse it.
If sufficient employees do not accept the transfer, the Company will transfer the least senior employee until it has obtained sufficient qualified employees to perform the work.
Article Eight Job Classifications
8.1 Existing Classifications Job classifications as set forth in Article Eleven pertaining to wage rates are general in nature and not conclusive as to the work to be performed. In order to insure and promote successful and continued operations, the Company needs to have maximum latitude in the assignment of duties. In carrying out this responsibility, work cycles may be filled by the transfer of duties from one or more classifications to another; temporary transfers may be made; fragmentary work from one classification may be performed by an employee from another classification without change in classification; and the replacement of absentees may be made by the transfer of available employees.
The Company shall have the right to establish new job classifications, and to change, combine, eliminate or add to existing job classifications.
The Union will be provided a copy of new or changed job descriptions at the time they are developed.
8.2 New Classifications In the event a new job classification is established, or the content of an existing job classification is substantially changed either through addition of or deletion of tasks or duties, the Company may determine an interim wage rate and implement the new classification or combination or other change prior to agreement on a wage rate.
In the event the Union objects to the wage rate, the matter may be referred to the grievance and arbitration procedures.
The wage rate as determined by the Company, either for a new classification or for a substantially changed classification, shall be deemed accepted by the Union unless the Union objects by filing a grievance as provided in step one of the grievance procedure (Section 5.3 (a)) within thirty calendar days of the implementation of the new classification or within thirty calendar days of the substantial change in an existing classification, whichever is applicable.
It is understood that the rate for any new job classification shall not be less than the contract rate for the lowest paid classification.
Grievances related to this Article will be automatically advanced to Step 2 in the Grievance Procedure.
8.3 New Work Any new production work excluding run at rates and or test runs, which will be in accordance with Article 10.1(f) for purposes of over time will be staffed in the following manner:
1. A Posting will be taken to the area and classification in which the new work is to be performed for employees to volunteer starting with the highest senior employee for a period of 90 calendar days.
Any employee not present, unless he/she is on bereavement leave, will not be eligible to sign the roster.
2. The number of employees needed to fill the new work positions will be taken from the Job Posting starting with the highest senior employee.
Once the positions are filled and the Job Posting has not been exhausted a notation will be made on the roster involved.
3. Any vacancies that may occur, within 90 days from the posting, will be offered to the remaining employees on the Job Posting starting with the highest senior employee.
4. Should there not be sufficient employees volunteer for the new work assignment, employees in the classification and shift will be assigned beginning with the most junior.
5. After the new work has been in production for 30 working days the remaining people on the Job Posting will be rotated, one or two at a time so production is not impeded, to the new work area for training.
6. Employees selected under this procedure will be required to work the scheduled hours for the new work including overtime.
Overtime on the “new work” will take priority over any other overtime opportunities, either voluntary or involuntary.
Article Nine Non-Working Supervisors
9.1 Non-Working Supervisors The Company shall not assign supervisors or other non-bargaining unit employees to production and maintenance work.
This shall not limit the Company from using non-bargaining unit employees for, unplanned absenteeism, instructing and training, attempting to solve production difficulties, trying out new methods, materials, processes or equipment or the periodic unscheduled absence of qualified employees.
In the performance of such necessary work, supervisors and other non-bargaining unit employees will abide by all safety rules.
It is agreed that the Company will notify the Union Representative in the area in advance, if possible, of the above activities.
Article Ten Hours of Work and premium Pay
10.1 Hours of Work
(a) This Article defines the normal hours of work for overtime premium purposes. Nothing in this Agreement shall be construed to be a guarantee of hours of work per day, hours of work per week, or days of work per week.
The normal workday shall be eight hours of work in a regular work shift, including two ten-minute breaks as provided in Section 10.1 (d) below.
The normal workweek shall be 40 hours of work consisting of five consecutive normal workdays of Monday through Friday.
(b) The Company reserves the right to deviate from the normal workday and/or the normal workweek, and to establish and to revise shift starting and quitting times.
The work schedule shall be determined from time to time by the Company.
The Union will be given notice of any change from the normal workday, normal workweek, in work schedules, or shift starting and quitting times.
If the Company changes any shift starting time, the Company will notify the Union on Wednesday of such a change to be effective the following Monday.
If any shift starting time is changed mid-week, it will be done by mutual agreement, between Company and Chief Steward, if available or member of Shop Committee.
(c) During a normal workday, each employee shall be entitled to two-paid ten-minute breaks.
The breaks shall be taken as directed by the employee’s supervisor, one approximately the middle of the first one-half shift and one approximately in the middle of the second one-half of the shift.
If employees are scheduled to work in excess of 9 hours per shift, they will be entitled to an additional 10-minute break.
Another 10-minute break will be provided if a shift is scheduled to work 12 hours or more. This does not apply to continuous operations.
(d) Each employee shall be entitled to either one-half hour unpaid lunch period or a 20-minute paid lunch; to be taken as scheduled by his supervisor.
The supervisor will schedule lunch period within two-hour period in the middle of the shift, unless arrangements are made by the supervisor with the employees involved.
(e) Overtime Scheduling. All employees shall be required to work scheduled overtime, as follows:
(1) For full / partial weekend overtime, the overtime is to be posted by 11:00AM on Wednesday.
If weekend overtime is canceled/reduced notice will be given no later than 2:30pm on Thursday.
If canceled after that time, those employees who were scheduled to work the overtime will be paid (4) four hours or one half the scheduled hours at the applicable overtime rate of pay.
Notification for weekend OT will include names of those scheduled to work.
(2) Partial Shift Weekend Overtime The Company will not post full overtime for partial weekend overtime. The Company agrees to take the most senior volunteers from within the classification from the weekend overtime signup sheet.
When there are not enough senior volunteers, qualified probationary employees will be required to work, followed by the most junior qualified employee in the classification and shift.
(3) For daily overtime, notice will be given no later than the end of the affected employee(s) shift on the previous day.
Overtime not scheduled is voluntary.
(4) For unanticipated overtime, notice will be given in advance as far as practical.
Unanticipated overtime is overtime caused by such things as machine breakdown, emergency and unanticipated customer demands.
Whenever possible, only volunteers will be used for unanticipated overtime.
(f) Posting of Full Shift Overtime If the Company schedules daily or weekend overtime for a full shift, the Company will post a notice to this effect, signed by a Company representative.
Such overtime posting will indicate the days covered by the daily overtime schedule, but in no event will a single posting be effective for more than one week at a time.
If the notice is posted by the appropriate time as stated in (e) above, employees are obligated to work the overtime.
Employees are expected to check the bulletin board for overtime notices.
Posting a notice is not required for overtime scheduled under subsection (g) below.
(g) Overtime for Partial Crew Shift Overtime. A daily voluntary overtime signup sheet for voluntary overtime will be posted for each department.
For each group there will be separate rosters for daily overtime, and weekend overtime.
The weekend overtime signup sheet will be posted every Thursday at the beginning of the shifts for the employees on the first and second shift.
The weekend overtime signup sheet will be posted at the beginning of the shift on Wednesday for the third shift employees.
Employees wishing to work voluntary overtime must sign up before the fourth working hour of each workday in each work week.
Employees must legibly sign their own name. Supervisors and co-workers signing other names will not be accepted.
Any employee absent will be allowed to sign the daily and weekend overtime sheet upon their return to work.
After an employee has signed the overtime roster, he has obligated himself to work the voluntary overtime.
The area Supervisor will notify the employees on the overtime roster as to when the overtime will be scheduled between the fifth and sixth working hour of each work week.
If an employee notifies his supervisor he cannot work the voluntary overtime, at the time at which he is notified to work the voluntary overtime; he will immediately be removed from the overtime roster and will be ineligible for any volunteered overtime for the remainder of the week including Saturday and Sunday but shall be eligible to be forced to work overtime hours when not enough volunteers are taken.
Once the end of the roster is reached the Company shall force the most junior qualified employee including probationary employees.
In the event employees are forced to go home, the area Supervisor shall elect to notify the employees in the affected area that their workday is done, however employees will not be forced to go home after 7.5 hours of the workday.
In the event during overtime hours conditions change, the Company reserves the right to send the line/cell/machine home by line/cell/machine.
Qualified employees who have been cross trained and have signed the overtime roster, at the Supervisor’s direction, will replace the most senior employees not on the overtime roster that remain in the area.
In the event employees are to be sent home before 7.5 hours of the work day the Company reserves the right to send home by line/cell/machine.
For the line/cell/machine that are to be scheduled for a straight 8-hour shift
for existing work, volunteers will be taken starting with the highest qualified senior hourly employee.
For any new work scheduled for an 8-hour shift, Article 8.3 will be followed for initial staffing.
Employees on these jobs will be limited to daily overtime in their direct line/cell/machine, for weekend overtime work they may volunteer in another line/cell/machine if their line/cell/machine is not working provided they are qualified. In any event if there are not enough volunteers, the Company may force starting with the most junior qualified employee including probationary employees.
Qualified employees from the Buffing & Quality Classifications shall be allowed to sign the weekend overtime roster for one other area other than their assigned area. Those employees will be given consideration for weekend overtime only after all area employees who have signed the weekend overtime rosters have been given the opportunity to work the overtime. The hours to be worked in the area in which the employee is assigned shall prevail over any weekend overtime opportunities in other areas.
10.2 Overtime Premium Pay
(a) Time and one-half the employee’s regular rate of pay shall be paid for all hours worked in excess of eight in any regularly scheduled workday, provided the employee works all scheduled for him to work during the workweek.
This shall not apply if the Company implements a four-day workweek of ten hours per day, in which case time and one-half shall be paid for all hours worked in excess of ten hours in any regularly scheduled workday, provided the employee works all hours scheduled for him to work during that workweek.
(b) Time and one-half of the employee’s regular rate of pay shall be paid for all hours worked in excess of 40 in any workweek, less all time for which daily overtime has been earned.
For the purpose of overtime pay computation, the workweek shall be defined to begin on Sunday, of each week and end the following Saturday.
Paid holidays falling on a regular workday, Monday through Friday, and not worked, shall be counted as time worked in that week for overtime purposes.
Paid holidays falling on Saturday and celebrated on Saturday shall not be counted as time worked in that week for overtime purposes.
(c) Time and one-half the employee’s regular rate of pay shall be paid for Saturday work as long as the employee has worked all his/her scheduled regular hours.
Hours missed due to paid funeral leave, holidays, and vacation days shall be considered as scheduled hours worked for the purposes of calculating overtime
(d) Double time the employee’s regular rate of pay shall be paid for:
(1) All hours worked on Sunday, unless such hours are regularly scheduled hours or when the major part of the shift is worked on the Saturday before the Monday after such Sunday:
(2) All hours worked on any of the holidays for which holiday pay is provided, except when the major part of the shift is worked on the day before or the day after such holiday.
Pay for such hours shall be in addition to holiday pay provided in Article Thirteen.
(3) All hours worked in excess of 12 hours in any scheduled work day.
(e) There shall be no pyramiding or duplication of overtime premiums called for in this Agreement. The payment of overtime premium for any hour excludes that hour for consideration for overtime premium on any other basis; where more than one premium applies to any one hour, the higher premium shall be paid.
10.3 ABC Schedules By mutual agreement between the Company and the Union, ABC Crews may be implemented in departments to provide overtime relief, improve quality of home life and meet customer’s needs.
1. In the event that there is a need for ABC shifts, the shifts will be three 10 hour per day shifts, in accordance with Article 10.1(c) with the following work schedules:
A shift will work Monday through Thursday A.M.
B shift will work Wednesday through Saturday P.M.
C shift will work Friday and Saturday on the A.M. shift and Monday and Tuesday on the P.M. shift.
2. Overtime will be paid, at time and one half, as provided in Article 10.3, including 10.3 (d)3, for all hours worked outside of the employee’s normal schedule.
All work on Sunday and Holidays will be paid at double time.
Time worked on the sixth consecutive day and each consecutive day while on such schedule shall be paid at double time.
3. Vacation pay, if taken as provided by Article 14.5 will be paid as a 10-hour day. This daily amount shall also apply to Article 13.1 and Article 16.9.
4. A $.50 shift premium will be paid for all hours worked by B shift employees. A $.60 shift premium will be paid for all hours worked by C shift employees.
5. Current effected employees will be allowed to exercise their seniority to select their preference by current classification prior to a general plant posting.
A plant wide posting will provide for any additional openings for this opportunity. Addendum to Paint Plant Letter of Understanding Regarding Shift Schedules:
For employees who work the 10 hour per day, 4 day per week schedule, each holiday is celebrated on the holiday.
10.4 Working Time There are not any personal wash-up periods prior to the noon lunch break, or at the end of the shift. Employees are to work until noon lunch break signal and until the end of shift signal. If the Company wishes all or some of the employees to clean up their work machines and work areas prior to the end of the shift, employees affected will be notified; however, it is understood this is optional with the Company.
10.5 Call –in Pay Any employee called to work or permitted to come to work for his regular shift without having been properly notified in advance that there will be no work shall receive a minimum of one half of his permanent regularly scheduled shift hours pay (ex. 8 hour, 10 hour or 12 hour shift), or if he works part of the day but not all of the day he shall receive at least one half of his permanent regularly scheduled shift hours pay at his regular rate, provided that he performs the work to which he is assigned.
Notwithstanding the above, in case of a situation caused by a strike or work stoppage, power failure or similar situation beyond the control of the Company, the Company will not be liable for call-in pay, excluding fires and chemical spills; and if such a situation as set forth above causing the shutdown occurs after employees have begun work on their shift but before they have completed four hours of work, this section shall not apply.
Whenever an employee is called in for emergency work, he shall receive the rate applicable for the time worked or the equivalent of one half of his permanent regularly scheduled shift hours at his regular straight time hourly rate, whichever is higher.
Article Eleven Wages
11.1 Wage Rates For each job classification, there are two wage rates – “start rate” and “job rate”. The start rate is the rate for a new employee. An employee at or above the start rate will progress to the job rate in four steps as follows not to exceed job rate:
$0.50 @ Completion of Probation/Trial Period
$0.50 @ Completion of next 60 calendar days
$0.50 @ Completion of next 60 calendar days
Job Rate @ Completion of next 60 calendar days
Any week in which the employee is on leave of absence or layoff will not be counted. These step increases will be effective on the first day of the pay period following completion of each period.
All wage rates shall be minimums. The Company reserves the right to start employees above the start rate, to increase employees more quickly than the schedule provided above.
Starting rate for new hires will stay the same for the duration of this contract.
Classification(s) Effective Start Job
Date Rate Rate
Assembler 10/28/2018 $14.00 $16.70
Loader/Unloader 10/6/2019 $14.00 $17.20
Material Handler 10/4/2020 $14.00 $17.70
Stores Clerk 10/3/2021 $14.00 $18.20
4/3/2022 $14.00 $18.70
Cleaner 10/28/2018 $14.10 $16.80
10/6/2019 $14.10 $17.30
10/4/2020 $14.10 $17.80
10/3/2021 $14.10 $18.30
4/3/2022 $14.10 $18.80
Service Packer 10/28/2018 $14.15 $16.85
10/6/2019 $14.15 $17.35
10/4/2020 $14.15 $17.85
10/3/2021 $14.15 $18.35
4/3/2022 $14.15 $18.85
Robotic Welder 10/28/2018 $14.20 $16.90
10/6/2019 $14.20 $17.40
10/4/2020 $14.20 $17.90
10/3/2021 $14.20 $18.40
4/3/2022 $14.20 $18.90
Auto Sweeper 10/28/2018 $14.30 $17.00
Destacker 10/6/2019 $14.30 $17.50
Forklift Operator 10/4/2020 $14.30 $18.00
Injection Mold Operator 10/3/2021 $14.30 $18.50
Press Operator 4/3/2022 $14.30 $19.00
Unloader plating 10/28/2018 $14.40 $17.10
10/6/2019 $14.40 $17.60
10/4/2020 $14.40 $18.10
10/3/2021 $14.40 $18.60
4/3/2022 $14.40 $19.10
Hand Painter 10/28/2018 $14.45 $17.15
10/6/2019 $14.45 $17.65
10/4/2020 $14.45 $18.15
10/3/2021 $14.45 $18.65
4/3/2022 $14.45 $19.15
Buffer 10/28/2018 $14.65 $17.35
Quality Auditor 10/6/2019 $14.65 $17.85
10/4/2020 $14.65 $18.35
10/3/2021 $14.65 $18.85
4/3/2022 $14.65 $19.35
Hand Welder 10/28/2018 $15.70 $18.40
Industrial Painters 10/6/2019 $15.70 $18.90
Mold Setter 10/4/2020 $15.70 $19.40
Recycler 10/3/2021 $15.70 $19.90
Transfer/Prog Press Operator 4/3/2022 $15.70 $20.40
Semi-skilled Maintenance 10/28/2018 $17.10 $19.80
10/6/2019 $17.10 $20.30
10/4/2020 $17.10 $20.80
10/3/2021 $17.10 $21.30
4/3/2022 $17.40 $21.80
Wastewater Treatment 10/28/2018 $19.46 $22.16
10/6/2019 $19.46 $22.66
10/4/2020 $19.46 $23.16
10/3/2021 $19.46 $23.66
4/3/2022 $19.46 $24.16
Die Repair Helper 10/28/2018 $15.40 $18.10
10/6/2019 $15.40 $18.60
10/4/2020 $15.40 $19.10
10/3/2021 $15.40 $19.60
4/3/2022 $15.40 $20.10
Maintenance Helper 10/28/2018 $19.46 $22.16
10/6/2019 $19.46 $22.66
10/4/2020 $19.46 $23.16
10/3/2021 $19.46 $23.66
4/3/2022 $19.46 $24.16
Maintenance Journeyman 10/28/2018 $25.90 $25.90
10/6/2019 $26.40 $26.40
10/4/2020 $26.90 $26.90
10/3/2021 $27.40 $27.40
4/3/2022 $27.90 $27.90
Die Repair Journeyman 10/28/2018 $26.45 $26.45
Mold Repair Journeyman 10/6/2019 $26.95 $26.95
10/4/2020 $27.45 $27.45
10/3/2021 $27.95 $27.95
4/3/2022 $28.45 $28.45
11.3 Relief Utility The Relief/Utility position, provides relief breaks and as needed at scheduled breaks, scheduled breaks are defined as in Article 10.1 (c) and (d), for individuals within their work group.
It is the intention of all parties that employees should utilize their lunch and break periods, along with time immediately before and after work for relief/personal break.
The Relief/Utility position may perform various additional production related tasks with the understanding that Relief/Utility are capable of performing all of the various production work within their assigned group.
The Relief/Utility position will be paid $0.50 above the pay rate of its respective work group.
The Relief/Utility Classification is intended to provide relief breaks, as required, for employees who must be replaced for a break or production would be impeded.
The Relief/Utility employee will be assigned to tasks that will allow the relief of employees in their classification which is their primary function.
The Relief/Utility employee shall convey messages from Supervisors but will not perform any Supervisory tasks.
The Relief/Utility employee will be allowed to sign the overtime roster for the classifications they are Relief/Utility for, with regards to seniority, and may be subject to being forced to work overtime in the event sufficient volunteers are not attained.
In no event will a Relief/Utility be forced to work overtime before a lower qualified senior employee within the classification he relieves.
11.3 Die Setting The Company agrees it will pay employees 50 cents per hour in addition to their current rate for time spent setting dies.
11.3 Shift Premium Employees regularly assigned to the second shift will receive a shift premium of 20 cent per hour for each hour worked on the second shift. Employees regularly assigned to the third shift will receive a shift premium of 25 cent per hour worked on the third shift.
This shall not be construed to apply to employees who work before or after their regular shift.
Shift premium will be included in holiday pay, bereavement pay and vacation pay.
Article Twelve Group Insurance
12.1 Life Insurance and AD & D During the term of this Agreement, the Company agrees to provide a group term life policy and AD & D coverage as follows for each eligible employee.
Effective November 1, 2018 increase to $34,000.
Effective October 1, 2019 increase to $35,000.
Effective October 1, 2020 increase to $36,000.
Effective October 1, 2021 increase to $37,000.
The Company’s liability under such policies is limited to the prompt payment of the premium for such policy or policies. Termination of coverage is spelled out in 12.4 below.
12.2 Dependent Life During the term of this agreement, the Company agrees to provide dependent life insurance based on the limits of the purchase group policy for dependents of each eligible employee as listed below:
$15,000 for spouse $10,000 for each eligible dependent.
The Company’s liability under such policies is limited to the prompt payment of the premium for such policy or policies. Termination of coverage is spelled out in 12.4 below.
12.3 Hospital, Surgical and Medical Coverage – Weekly Disability Coverage – Dental Coverage.
a) For hospital, surgical, and medical coverage and weekly disability coverage (The weekly disability benefit will be $300 beginning January 1, 2019), the Company agrees to pay to HRC Basics, or its successor, the following monthly premiums for each eligible seniority employee in the bargaining unit in the appropriate class:
The company and union will develop a mutually agreed upon plan that enables employees to attend an informational meeting on insurance benefits.
For the period of October 1, 2018, through September 30, 2019:
Single Employee Two Person Family
$537 $762 $882
For the period of October 1, 2019, through September 30, 2020:
Single Employee Two Person Family
$552 $777 $897
For the period of October 1, 2020, through September 30, 2021:
Single Employee Two Person Family
$567 $792 $912
For the period of October 1, 2021, through September 30, 2022:
Single Employee Two Person Family
$587 $812 $932
(b) The contributions shall be paid for the purpose of providing to eligible employees and their dependents such accident and sickness benefits, dental benefits, and various health benefits as are outlined in the booklet to be distributed to all eligible employees by the insurance companies.
The contributions as calculated above shall be paid to HRC Basics, or its successor, no later than the first of each month for which the premium is due and for each succeeding month for the duration of this Agreement.
Insurance premiums that exceed the amounts in 12.3(a) will be made up through employee payroll deductions on a weekly basis.
(c) New employees will be eligible for insurance benefits the first of the month following the completion of 90 calendar days of employment. Employee contributions will start one month prior to the effective date.
In the event a new hire is terminated/quits before his 90th calendar day the employee will be reimbursed all monies that had been deducted for his weekly insurance premiums.
The Company will provide the Union a list of employees that were automatically enrolled on the first of the month following an employee’s eligibility. For those employees who are automatically enrolled, they will be enrolled in the mid-plan employee only coverage as directed by the Union.
In the event a person with seniority is terminated/quits benefits will end as of the date of termination.
Any monies, that have been prepaid, based on a maximum of the last 4 weeks of employment for weekly insurance premiums will be prorated and returned to the employee within 30 days of the date of termination.
(d) The contribution rates as indicated in 12.2 (a) above shall not be increased during the duration of this Agreement.
In the event the insurance company announces a reduction in benefits which reduction in benefits is applied uniformly to all employees for whom contributions are being made, then the Parties reserve the right to change to a different carrier who can provide comparable benefits by mutual agreement.
(e) The Company’s liability under such Plan is limited to the prompt payment of the contribution called for in this Section 12.3.
(f) Employees who are on lay off or leave of absence will be obligated to pay their portion of insurance premiums during the period of the lay off or leave in order to keep the benefits in effect. Such payments must be paid by the end of the month of the lay off or leave and by the end of each succeeding month.
(g) Termination of coverage is spelled out in Section 12.4 below.
(h) “Opt out” The election of the “Opt Out” feature will pay the employee $1200 per year for family coverage or $900 per year for single coverage, divided equally by each weekly paycheck.
Only employees who provide proof of non-Ventra health care coverage are eligible to “Opt Out”.
Effective as of January 1st, 2014, based on the “Patient Protection and Affordable Care Act” (PPACA) all employees will be required to either provide proof of other minimal single medical coverage insurance from an approved source or they will be required to carry a minimal single medical coverage insurance.
12.4 Termination of Insurance The coverage and termination of insurance benefits provided in Section 12.1, 12.2 and 12.3 above shall be in accordance with the following understandings:
(a) In order to continue to be eligible for insurance coverage, the employee must remain an employee with seniority who is actively working for the Company.
(b) In the case of layoff, the Company will continue to contribute its portion of the premiums for the month in which the layoff occurs, and for two months following the layoff, with the exception of Weekly Disability Coverage which will cease effective the date following the layoff.
(c) In case of sick leave for illness or injury covered under the Company’s workers’ compensation insurance, the Company will continue to contribute its portion of the premiums for the month in which the injury occurs and for up to six months thereafter, with the exception of Weekly Disability Coverage which will cease effective the date of the leave.
(d) In case of sick leave for a non-workers’ compensation injury or illness (including pregnancy leave), the Company will continue to contribute its portion of the insurance premiums for the month in which the injury occurs, and for the month following the month in which the sick leave occurs.
In the case of lay-off due to maternity related restrictions placed on an employee, the Company will continue to pay premiums for the duration of the pregnancy.
(e) Any continuation of coverage after the periods stated in this Subsection 12.4 are controlled exclusively by COBRA and not covered by this Agreement.
(f) For purposes of this Section 12.4, a layoff or leave of absence commences at the end of the last day worked.
(g) Employees who have had insurance coverage terminated under this Article 12.4 will have such coverage reinstated on the first of the month following his/her return to active employment, regardless of the number of days they work in the month of return as long as that individual works the last scheduled work day of the prior month. This clause will not apply to employees returning from layoff.
Employees who are returning from active military duty will have such coverage reinstated upon the date of their return to active employment.
This paragraph (g) is not applicable to individuals who have been rehired after a loss of seniority under the seniority provisions of this Agreement.
Article Thirteen Holiday Pay
13.1 Paid Holidays Subject to the provisions of this Article, regular, full-time employees shall receive eight hours of straight-time pay at the employee’s present rate for the following holidays:
New Year’s Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Veterans Day (observed) Christmas Eve Christmas Day Day after Christmas New Year’s Eve
13.2 Conditions To be eligible for holiday pay, an employee:
(a) Must have attained seniority prior to the day of the holiday.
(b) Must report for and work the full scheduled hours on the Company’s last scheduled workday before the holiday and the Company’s first scheduled workday after the holiday, unless the employee has a reason acceptable to the Company for not reporting and working (Vacation Sick Days are not recognized as approved workdays under this article); however Vacation Sick Days are recognized as hours worked for the purposes of over time.
(c) If scheduled to work on the holiday, must report for, and work, such scheduled shift, unless the employee has a reason acceptable to the Company for not reporting and working.
(d) Employees otherwise eligible who have been laid off for lack of work or gone on approved sick leave, whose layoff or sick leave begins in the week in which the holiday falls or within two weeks prior thereto, will still be eligible for holiday pay for that holiday.
For purposes of this subsection, a layoff for lack of work commences at the end of the last day worked.
13.3 Days Recognized as Holidays
HOLIDAY 2018 2019 2020 2021
NEW YEARS DAY 1/1 1/1 1/1
GOOD FRIDAY 4/19 4/10 4/2
MEMORIAL DAY 5/27 5/25 5/31
INDEPENDENCE DAY 7/4 7/4 7/4* 7/4*
LABOR DAY 9/3 9/2 9/7 9/6
VETERANS DAY (OBSERVED) 11/12 11/11 11/11 11/11
THANKSGIVING DAY 11/22 11/28 11/26 11/25
THANKSGIVING DAY AFTER 11/23 11/29 11/27 11/26
CHRISTMAS EVE 12/24 12/24 12/24* 12/24
CHRISTMAS DAY 12/25 12/25 12/25* 12/25*
DAY AFTER CHRISTMAS 12/26 12/26 12/26* 12/26*
NEW YEARS EVE 12/31 12/31 12/31 12/31*
Holidays falling on Saturday shall be celebrated on Saturday; holidays falling on Sunday shall be celebrated on the following Monday.
When a paid holiday called for in this Agreement falls on Saturday, the Company may, subject to customer demands, elect to close on the preceding Friday (*).
For December 24 and December 31, when those holidays fall on a Saturday, the Company may, subject to customer demands, elect to close down on the Friday preceding or the Monday and Tuesday following the holidays. This will be done after consultation with the Union Committee.
For employees who work the Continuous Shift schedule, each holiday is celebrated on that holiday.
If the company observes Veterans Day on a day other than the Calendar Veterans Day, upon request, the Veteran will be permitted the day off without pay.
When a paid holiday called for in this Agreement falls on Friday, paychecks will be issued on the Thursday preceding.
13.4 Holidays During Vacation If a holiday occurs during the period of an employee’s vacation, the employee may receive pay for such holiday without additional time off, or at the employee’s option, may extend such vacation period by one additional day and receive such holiday pay for such extra day.
13.5 Birthday Holiday Qualified employees, as defined in 13.2 (a), whose birthday falls on a Saturday may elect to take the preceding regularly scheduled working day as a day off or Saturday, if scheduled.
Qualified employees whose birthdays fall on a Sunday may elect to take the following regularly scheduled working day as a day off or Sunday, if scheduled.
Qualified employees whose birthday falls on a regularly scheduled workday (Monday through Friday) shall have a choice of working that day or taking that day off.
Employees may take their Birthday Holiday within the week it occurs with a minimum of two working days’ notice prior to the day to be taken. Such notice is to be given to their immediate supervisor.
Failure to timely notify will result in the employee being credited as choosing to work on the Birthday holiday. In accordance with Article 13.2(b).
Those employees whose birthday occurs on one of the other paid holidays celebrated during the scheduled workweek shall be allowed to choose the scheduled working day before or the scheduled working day after the celebrated holiday as their birthday holiday.
Employees electing to work on their birthday holiday are not considered to be working at an overtime (double time) rate but will receive their regular rate plus eight hours holiday pay at their regular hourly rate.
No overtime will be earned by an employee working his birthday holiday unless more than eight hours on that day is worked or unless the day is Saturday or Sunday and he elects to work, in which case the employee who works, though such day be his birthday holiday, will receive pay at the rate regularly provided for on that day and birthday holiday pay as described above will be added on.
Birthday holiday pay shall be paid in the pay period immediately following the pay period in which the qualified employee’s actual birthday occurs.
An employee born or having been hired on February 29, shall use March 1 as his birthday for the exercising of his option as set forth in this Agreement.
Article Fourteen Vacations
14.1 Vacation Eligibility Year The vacation eligibility year is any one year period commencing on the employee’s seniority date, or on an anniversary of the employee’s seniority date.
14.2 Vacation Eligibility An employee who has seniority who has accumulated at least 1, 600 hours of work with the Company during a vacation eligibility year shall be entitled to a vacation with pay, according to the following schedule:
Current Schedule Years of Service
(as of the last day of
the Vacation Eligibility Year) Vacation Time
One but less than three One Week
Three but less than seven Two Weeks
Seven or more Three Weeks
Fifteen or more Four Weeks
Twenty-five but less than Thirty Four Weeks with (180) hours of pay
Beginning January 1, 2020,
Thirty or more Four Weeks with (200) hours of pay
The hours of work requirement will include hours paid for vacation, holidays, and bereavement. In addition, F.M.L.A. leave and Union business leave will also be credited as hours worked for vacation eligibility.
14.3 FIRST YEAR TIME POLICY All regular full time active employees, who have completed their probationary period, with less than one year of seniority that do not have vacation time will be entitled to use 24 hours in their first anniversary year that has to be used in 4 or 8 hour increments. Employees are not paid for this time.
14.4 Vacation Pay For each week of vacation with pay for which an employee is eligible, the employee shall receive vacation pay at the rate of 40 hours times his regular straight-time hourly rate.
Vacation pay for a scheduled vacation will be paid to the employee on the payday preceding such scheduled vacation, if the employee so requests at least two weeks in advance of such payday. Employees who elect to take their vacation in daily increments as outlined in Article 14.5, will be paid for such vacation along with their weekly pay for the week in which this daily vacation occurred.
14.5 Pro-Rated Vacation Pay An employee with two or more years of seniority who does not meet the 1,600 hours of work, but who has at least 800 hours of work, will be eligible for vacation with pro-rated vacation pay. The pro-rated pay will be determined by dividing the employee’s credited hours of work during vacation year by 1,600 and multiplying this by the vacation pay as computed in Section 14.4.
14.6 Vacation Scheduling Requests for vacation must be made sufficiently in advance to allow for orderly scheduling work force in the plant.
For a vacation during the summer months, requests should be made no later than April 1.
Vacation requests are subject to reasonable scheduling requirements of the Company.
In case of conflict between employees in a situation where all vacation requests cannot be honored, the more senior employee will be given preference for the vacation schedule of his choice, except that once an employee has had his vacation request approved by the Company, he cannot be replaced by another, more senior employee.
Whether the Company approves or denies a vacation request, the employee will be notified in writing within one week of the written request.
Vacations may be split into increments of less than a full week but not less than one-half day increments.
Employees will be allowed to use no more than five (5) of their vacation days each year in half day increments.
Vacations in half day increments must be taken in either the first or last part of their shift. If the employee misses scheduled work on the day of a half day vacation, they will be charged with a half day of absence.
Two working days prior to an employee taking a one day vacation, the employee must notify their immediate supervisor of their intent using the vacation request form. Exceptions may be allowed on a case by case basis.
For vacations taken in one week increments, it is understood that the weekend before and after is to be included with the vacation.
Vacations in different vacation years may not be scheduled back to back, unless the Company allows otherwise in a case of specific need.
When an employee has properly approved vacation days for Thursday and Friday of the same week or Friday and the following Monday that employee will not be scheduled for the adjoining Saturday and Sunday overtime nor may that employee volunteer for the adjoining Saturday and Sunday overtime.
All accrued vacations must be taken within one year after it is earned.
An employee who does not elect to take a vacation will receive the equivalent pay for such vacation, provided that a request for this pay is made prior to the employee’s anniversary date.
14.7 Vacation Pay Upon Termination An employee whose employment is terminated for any reason prior to the first anniversary of his seniority date has no right to any vacation time or pay.
An employee with more than one year’s seniority who is discharged for cause waives his right to any vacation time or pay during his vacation eligibility year in which the discharge occurs.
Any other employee with one or more year’s seniority whose employment is terminated will be entitled to vacation time and pay accumulated to the terminated date in that vacation eligibility year, provided that such employee, other than an employee who is discharged, gives at least two weeks’ notice of his intent to leave employment with the Company.
Any terminated employee who has accumulated unused vacation time and pay for the prior vacation eligibility year shall receive pay for such unused vacation upon termination, regardless of the reason for such termination.
14.8 Sick Vacation The Company will agree that three (3) days of vacation may be used for “sick time” each calendar year on the following basis-
(a) The employee must properly report off before the start of his shift.
(b) On the day they return to work after being absent, complete a request form requesting use of the vacation day in lieu of an absence and submit the completed form to security on that day.
Failure to complete and submit the form on this day will result in the day of absence being counted as an occurrence under the Attendance Program.
(c) The “sick time may only be used in full day increments.
14.9 Earned My Time For every calendar quarter an employee has perfect attendance, my time day may be used the following quarter. Perfect attendance is defined as meaning no occurrences during the calendar quarter.
This article does not apply to continuous operations E and F shifts.
Article Fifteen 401 (K) Plan
14.1 401(K) Plan The American Bumper & Mfg. Co. Savings and Retirement Plan for IUE-Represented Employees was established for eligible employees, effective March 1, 1989. The Plan has been subsequently amended by a First Amendment effective January 1, 1990, a Second Amendment effective December 1, 1990, and a third Amendment effective March 1, 1989. The Company will amend the Plan as follows:
(a) The Company’s matching contribution will be an amount equal to 20% of the employee’s pay deferral or pay deferrals that do not exceed 6% of the employee’s compensation, effective September 1, 1994.
(b) Beginning as of January 1, 2002, after you become a participant, the Company will make a Company contribution on your behalf.
The amount of the Company contribution is based on the hours you work.
As of January 1, 2002, the Company intends to contribute $0.15 for each hour you work. This will increase to $0.20 as of January 1, 2003 and to $0.25 as of January 1, 2004. This will increase to $0.30 for each hour you work as of January 1, 2014.
For this purpose, hours you work include non-compensated hours a union committee member spends on union business.
Article Sixteen Leave of Absence
16.1 Personal Business Leave
(a) Application and Approval. An employee with seniority may make a written application for a personal business leave on a form provided by the Company for this purpose.
The employee must state the reason for his request and the number of days desired. If the request is reasonable, the Company shall, if possible, grant an employee a leave of absence for personal business for a period not to exceed 30 calendar days.
Granting of such leave shall be administered uniformly.
A written response from the Company will be given to the employee by the 5th workday following receipt of the application.
Any employee who is subpoenaed or receives a subpoena, for a non-criminal action, will be granted Personal Leave for the duration of the legal request upon rendering of proper advance notice and notice of attendance.
(b) Extension A personal business leave of absence may be extended by the Company for an additional period or periods to a total period of such leave not exceeding 60 calendar days. However, if the purpose of the leave is for advanced technical or college education which is related to the employee’s career with the Company, the Company may grant such leave for up to one year.
(c) Purpose of Leave. No leave of absence shall be granted under this Section for the purpose of enabling an employee to look for or to undertake employment elsewhere or self-employment.
16.2 Sick Leave of Absence for Extended Sickness or Injury
(a) Application and Approval An employee who is injured or who becomes ill for an extended period and whose claim of injury or illness is supported by evidence satisfactory to the Company, shall be granted a sick leave of absence by the Company during the extended disability, up to the maximum period provided for in Section 7.8 (f).
An employee who is granted sick leave of absence upon a verbal request or one made in his behalf shall, at the first reasonable opportunity under the circumstances, support such a request with an application in writing and with such evidence of his need for leave as the Company may reasonably require.
(b) Employees on medical leave including workers compensation leave of less than 60 calendar days, as defined by, but not limited to a medical statement signed by a Physician, FMLA or workers compensation documentation, the Company may temporarily place a temporary/probationary employee in their place until their return to work as defined in 16.2.
The temporary/probationary employees will be considered temporary/probationary for 75 workdays, but the temporary/probationary status can be extended by mutual agreement up to 30 calendar days.
If the temporary/probationary employees is hired by the company during the temporary/probationary time the time served in this capacity will count toward probationary time as described under 7.1.
(c) Return to Work
(1) An employee who is off work for one week (7 calendar days) or longer for a non-work related illness or injury, or a work related illness or injury, must turn in a doctor’s excuse to the Occupational Health Department (1st Aid) at least two (2) regular work days in advance of their intent to return.
Each employee will be evaluated and cleared by the Company medical provider prior to returning to work.
(2) If an employee has complied with 16.2 (b)(1) and his return is delayed due to Company medical provider availability, the employee will be paid for such lost time.
(3) If there is a difference of opinion between the employee’s physician and the Company doctor concerning the advisability of the employee’s return to work for a non-work related accident or illness, the following will apply:
A specialist in the area which is disputed will be selected from a list prepared by the Company and the Union to provide a third opinion.
The cost of this third opinion will be paid by the Company.
This specialist must be familiar with the essential functions of the employee’s regular classification.
This doctor’s opinion shall be binding.
(4) Minor cases involving minimal loss of work will require the employee to turn in their doctor’s slip to the Security Office or in a drop box located in each building upon their return to work. These drop boxes will be checked by the company on a daily basis. The employee must be physically capable of returning to work at that time.
(5) An employee who is off work for a work related accident or illness will be allowed to return to work only as approved by the Occupational Health Department.
16.4 Union Business Leave
(a) Upon written request of the Union, the Company will grant officers or elected representative of the Union a short-term unpaid leave of absence for the purpose of attending to Union business, provided there are other qualified employees to perform the work and also provided that no such leaves of absence shall be granted to more than one employee for a period not longer than four weeks.
Such leaves may be extended by mutual agreement of the Company and the Shop Committee.
Upon reasonable advance notice, the Company will grant leaves of absence to four employees designated by the Union to attend annual conventions.
(b) A Union business leave for the purpose of steward’s training may take place twice per year for not more than eight hours duration.
The Company agrees that upon adequate advance notice of the time of such training program the Company will make arrangements for a leave of absence for such purpose, limited to not more than eight employees at such time, unless mutually agreed to by Company and Union to increase the number excused.
(c) A request for leave of absence for Union business:
(1) Shall be in writing:
(2) Shall be submitted by the Local Union’s President, Vice President and / or Chief Steward if business for the Local Union is the reason for leave:
(3) Shall be submitted to the Company’s Human Resources Manager; and
(4) Shall state the purpose for such Union business leave.
16.5 Military Service Leave of Absence The Company and the Union agree that the matter of leave of absence for, and of reinstatement of, an employee during his period of military service with the Armed Forces of the United States, shall be solely governed by applicable State or Federal statutes, as judicially interpreted.
16.6 Accumulation of Seniority while on Leave of Absence During all approved leaves of absence, seniority shall be retained and accumulated.
16.7 Family and Medical Leave Act The Company agrees to provide leave to employees as outlined in the Family and Medical Leave Act (FMLA).
FMLA is unpaid.
The Company in accordance to the Act will exercise the option to require all employees to use available vacation in congruence with and consecutively with FMLA allocated time.
If an employee provides verifiable documentation for an approved FMLA absence 3 days prior to the date(s) he will be absent he will not be forced to utilize a vacation day(s) but may do so.
In no event will an employee be denied a vacation request based on the fact that he has been approved for FMLA.
16.8 Return from Leave An employee wishing to return from a leave of absence will be returned to work no later than Monday following notice to the Company, provided the Company receives such notice at least two (2) regular work days in advance and provided that the employee is physically capable of returning to work.
In no event will an employee who has been absent for any reason, excluding time off per Article 6 including leaves covered by Article 16.2, for more than twenty six (26) weeks be reinstated until satisfactory successful completion of a physical examination including drug screen (as given and required of new hires).
16.9 Funeral Leave When death occurs in an employee’s immediate family, that is current spouse, parent, step-parent of employee, child, step-child of employee the employee on request will be excused for any (5) five days (40 hrs.) regularly scheduled working days (excluding Saturday and Sunday) during the week of the funeral, one of the (5) five must be the day of the funeral or at a Memorial Service of a later date.
When death occurs in an employee’s extended family, that is parent of current spouse, step-parent of spouse, grandchild, grandparent of employee, grandparent of the current spouse, brother or sister of an employee, step-sibling of employee, son or daughter-in-law, the employee on request will be excused for any(3) three regularly scheduled working days (excluding Saturday and Sunday) during the week of the funeral, one of the three days must be the day of the funeral or at a Memorial Service of a later date.
If the regular or step-sibling of the current spouse dies, the employee on request will be excused the day of the funeral.
If the funeral service takes place more than 200 miles from 14 N. Beardsley Rd. Ionia, Michigan, an additional day of bereavement leave, but without pay will be allowed.
After making written application therefore, the employee shall receive pay for any scheduled hours of work up to eight hours per day for which he is excused, provided he attends the funeral and provides satisfactory evidence of his attendance to the Company.
Bereavement leave, and pay is meant to provide for an employee who desires to be off work because of the death of a member of his immediate family. Time off and pay will be granted only when it is consistent with this purpose.
If the employee is on vacation during this time, the vacation will be replaced with bereavement and the vacation time will be credited back to the employee.
BEREAVEMENT SCHEDULES FOR A B C
Funeral leave taken on this schedule will be as follows:
10 hr. days In the event of a death in the immediate family as defined in Section 16.9 upon the request of the employee, the four working days for bereavement leave will be administered so that the employee is excused from work for four consecutive scheduled working days and receive 40 hours of bereavement pay.
In the event of a death in the extended family as defined in Section 16.9 upon the request of the employee, the three working days for bereavement leave will be administered so that the employee is excused from work for three consecutive scheduled working days and receive 30 hours of bereavement pay.
Article Seventeen Health and Safety
17.1 General The Company shall continue to make reasonable provisions for the safety and health of its employees during the hours of their employment and will comply with all applicable laws and regulations regarding reasonable protective devices and other equipment to protect the employees from injury and sickness.
The employees are required to cooperate with the Company in all safety and health measures and make proper use of any equipment or devices provided by the Company for such purposes.
17.2 Injury at Work In the event an employee is injured while working in the plant, and it is necessary for the employee to be sent to the doctor or hospital, the employee will be paid for time lost on the day of injury as follows:
(a) If the employee returns to work on the same shift, he will be paid for time away from work because of such injury at his straight-time rate, including shift premium, if applicable.
(b) If the Treating physician does not allow the employee to return to work, he will be paid at his straight time hourly rate, including shift premium, if applicable, for the balance of the shift on which his injury occurred.
17.3 First Aid The Company agrees to maintain on all shifts adequate first aid equipment to meet the needs of employees in case of minor accident and agrees to train or employ persons (who may be office or supervisory persons) possessing at least appropriate certification of competence in first aid, who shall be on hand at all times when employees are working.
In the event of an accident which requires additional information other than found on the Accident Report, the Company will not interview the affected employee until such time as Union Representation is made available to him.
The President of the Union and/or Chief Steward will be informed of plant situations of a serious nature that involve fires, severe injuries, or plant evacuations.
17.4 Safety Committee There will be Safety Committees composed of the Safety Manager or designee, Area Manager and /or Supervisor and two Hourly Employees from each area of the Ventra Ionia Main and Paint plants and 1 Employee from Service Plant.
The Safety Committee will meet at least once a month and minutes of the meeting will be posted on the bulletin boards and copy given to the Chief Steward. A member of the Shop Committee and /or Chief Steward may attend a Safety Committee meeting as an observer.
17.5 Rest Rooms It is the mutual responsibility of all employees to maintain the rest rooms in a clean and sanitary condition. The Union and all employees will cooperate with the Company to attain this objective. Suitable shower curtains and suitable mirrors will be maintained in the rest rooms.
17.6 Personal Relief The Company will give consideration in providing reasonable personal relief for personal needs if a relief person is available.
17.7Hi-Lo Licensing Any employee operating a hi-lo is required to be properly licensed. The Company will notify the Union of employees who are licensed by the Company to drive hi-los.
17.8 Safety Equipment Allowance The Company will provide an allowance in each year of the contract for the purchase of steel toed safety shoes to be used at work and prescription safety glasses with fixed side shields. The allowance will not exceed $150 per year per employee.
Employees will only be reimbursed upon submission of an acceptable receipt and verification that the safety shoes and safety glasses meet the appropriate safety standards.
Beginning on January 1, 2019 the safety allowance shall increase to $200 per employee per year.
Article Eighteen No Discrimination
18.1 No Discrimination The Company and the Union agree that there shall be no discrimination in the hiring, upgrading, compensation, training, promotion, transfer, layoff, discipline, or discharge of employees covered by this Agreement because of race, creed, color, sex, national origin, union affiliation or age, or for any other reason prohibited by law.
Article Nineteen Past Practices
19.1 Past Practices There are no understandings or agreements or past practices which are binding on either the Company or the Union other than the written agreements enumerated or referred to in this Agreement.
No further agreement shall be binding on either the Company or the Union until it has been put in writing and signed by the Plant Manager on behalf of the Company, and by the Shop Committee and the International Representative on behalf of the Union.
Article Twenty Waiver
20.1 Waiver It is hereby agreed that this Agreement is the complete understanding between the parties. Any subject, whether discussed during negotiations or not, shall not be negotiated during the life of this Agreement except by mutual agreement by the Company and the Union.
Article Twenty-One General
21.1 Bulletin Boards The Company will provide space for the Union to install bulletin boards for the Union’s use in agreed upon areas. The Company may only disapprove any material which the Company believes to be defamatory. The Union will provide the Company with a copy of whatever is posted on these bulletin boards.
21.2 Employee Signatures If the Company desires an employee to sign a report or statement, the employee shall have the right to refuse to sign until he has had an opportunity to refer the matter and secure advice from someone of his own choosing.
21.3 Pay Plans No incentive plan will be implemented except by mutual agreement between the Company and the Union.
21.4 Pay Day The Company agrees to pay employees once per week. The Company will indicate the hours worked and rate of pay on paychecks or vouchers.
All 2nd shift employees will be paid on Thursday immediately after their lunch break, employees on 1st will be received by 10:00 a.m.
The 3rd shift will be paid immediately after their lunch break every Thursday.
All new hires will be required to sign up for Direct Deposit and will be required to remain on Direct Deposit for the duration of their employment. The deposits will be made in accordance to the schedule noted above.
21.5 Credit Union The Company agrees to continue its practice concerning payroll deductions to credit unions.
21.6 Union Meetings Union meetings will be held outside of shift hours. Upon Prior arrangements with the Company, Officers and Representatives needed to conduct the meeting will be released in accordance with Article 16, Section 16.4.
21.7 Payroll Errors If a payroll error occurs over $30 the Company will pay the additional amount due as follows:
The Company is notified by noon on Friday, the check will be available by 5:00pm Friday, if notification is received later than noon on Friday the make-up check will be available by 5:00pm Monday.
The only exception will be if the Company has not received the required documentation from the employee, by the date and time referred to above.
The above referenced days and times will not include any holidays.
All makeup checks will be available for pickup from Security within 1 working day after being brought to the Company's attention, excluding Saturday, Sunday, holidays or on Fridays.
Any exception to the above will be discussed with the Union.
Except as provided above, any payroll errors will be adjusted in the next available succeeding regular payroll.
21.8 Jury Duty
(a) An employee with seniority who is summoned and reports for jury duty as prescribed by applicable law shall be paid by the Company an amount equal to the difference between the amount of wage (excluding night shift differential and premiums) the employee otherwise would have earned by working during straight time hours for the Company on that day and the daily jury duty fee paid by the Court (not including travel allowances or reimbursement of expenses) for each day in which the employee reports for or performs jury duty and in which the employee would have been otherwise scheduled to work for the Company.
(b) The Company’s obligation to pay an employee is limited to a maximum of 60 days in a calendar year.
(c) In order to receive payment, an employee must give the Company proper prior notice that the employee has been summoned for jury duty and must furnish satisfactory evidence that he/she reported for or performed jury duty on the days for which he/she claims such payment.
(d) The provisions of this section shall not apply to an employee who, without being summoned, volunteers for jury duty.
21.9 Copy of Contract The Company will provide one copy of this Agreement to each member of the bargaining unit and provide 25 copies to the Union.
21.10 Safety Glasses The Company will supply a pair of standard safety glasses with clear lenses at no cost to the employee. If they become broken through normal use, the Company will supply a replacement pair upon return of the broken pair, but no more than a total of two per calendar year.
If the glasses are lost, broken through neglect, or replacement is requested in excess of two pair per year, the employee is responsible for paying for the replacement, through payroll deduction.
Employees requiring prescription lenses are responsible for the cost of the lenses and any eye examination.
21.11 Work Gloves Suitable work gloves will be provided where needed and worn out gloves will be replaced upon return of the worn out pair.
If gloves are lost or destroyed through neglect, the employee may be held responsible for paying for replacement through payroll deduction, if the loss or destruction becomes abusive.
21.12 Lockers If the Company has sufficient space, the Company will consider providing lockers to employees, by seniority.
Lockers provided remain the property of the Company and are subject to inspection periodically by the Company.
If an employee’s locker is to be inspected, a steward will be asked to observe.
21.13 Messages Outside calls to employees at work are discouraged. If an outside call for an employee comes in, a message will normally be taken, and delivered to the employee within a reasonable time. If there is a real emergency call for an employee, the employee will be allowed either to take the call or to return the call promptly.
Article Twenty-Two Employee Assistance Program and Controlled Substances
The Company and the Union both believe that substance abuse is to be avoided in an industrial environment. The Union agrees to cooperate with the Company in stopping substance abuse by employees, and in maintaining a work place free from controlled substances such as alcohol and drugs.
22.1 Employee Assistance Program The Company and the Union recognize that an employee’s job performance may be adversely affected due to a variety of reasons, including drug or alcohol abuse. The parties also recognize that such problems can be treatable.
Whenever possible, the Company will assist and support employees who actively seek help for these problems.
Employee support is available through the Employee Assistance Program.
The Company and the Union encourage each employee who has a problem of drug or alcohol abuse to seek assistance before these personal problems lead to disciplinary actions including discharge.
Employees who voluntarily request assistance in dealing with a drug or alcohol abuse problem, prior to the problem affecting their work, may participate in the Employee Assistance Program without their participation jeopardizing their continued employment with the Company.
However, volunteering to participate in the Employee Assistance Program will not bar disciplinary action for a violation of this policy or any other Company policy or work rule.
22.2 Drug and Alcohol Testing The parties recognize that drug and alcohol testing can be a useful tool to identify persons with an abuse problem, and to monitor their success in recovering. The Parties also recognize that random testing of all employees would be an unwarranted invasion of the employee’s privacy. Consistent with these principles, the parties agree as follows:
(1) There will be no random drug or alcohol testing of the employees with seniority, except as provided for by an individual last chance agreement.
(2) An employee with seniority shall be required to submit to drug or alcohol testing where:
There is reasonable suspicion that an employee has been using, possesses, or is under the influence of a prohibited substance. “Reasonable suspicion” is defined to include, observation of behavior, such as abnormal speech, unsteady walking, breath odor, observation of physical manifestations frequently associated with some form of substance abuse, such as needle marks.
There is an on-the-job accident or injury and where reasonable suspicion is involved and, where deliberate acts of carelessness were performed.
The Company will not drug test when an employee has minor cuts, scratches, bumps and bruises and minor accidents such as slips in oil/water, stepping on clips, etc.
Prior to a test, either the Plant Manager, Manufacturing Manager, Human Resource Manager, or the shift manager must approve.
If the test result is positive, the test results may be used as a basis for discipline or discharge.
A first time positive test shall result in the employee being required to attend the EAP and with full participation with a “Last Chance Agreement” (LCA) for up to 12 months. Subsequent positive tests after the expiration of the “LCA” can result in immediate termination.
The Company is not prohibited from disciplining, up to and including discharging, an employee with seniority for just cause based on facts or circumstances other than a positive test.
(3) The Company shall require applicants for employment to submit to drug and alcohol testing as part of the pre-employment screening. The Company shall also require probationary employees to submit to drug and alcohol testing.
22.3 Other Rules Regarding Controlled Substances The subject of this Letter of Understanding concerns the use of an Employee Assistance Program and substance abuse testing. It does not affect Section 3.3 of the Agreement, except as otherwise stated in this Letter of Understanding.
The parties recognize that, under the just cause standard, the Company has the right to discharge an employee for proven involvement in the sale or other distribution of controlled substances (e.g., possession with intent to deliver), even if this occurs off Company premises and not on Company time.
If the Company has probable cause to believe that an employee is involved in such distribution (e.g., by being bound over for criminal trial after a preliminary examination), the employee may be suspended pending further investigation. If the employee is then proven to be involved (e.g., by criminal conviction), the suspension will be converted to discharge.
If the employee is exonerated, the suspension will be lifted, and he will be made whole including appropriate back pay.
It is understood by the Company and the Union that the procedure outlined in section (2)(a) and (2)(b) of this Article will be reviewed after one year. At that time, either party may propose change(s) which must have mutual agreement before any of the procedures in this Article are changed.
Article Twenty-Three Miscellaneous
23.1 Gender The masculine gender shall include the feminine, and the singular shall include the plural, unless the context clearly indicates otherwise.
23.2 Headings The headings of articles and sections are included solely for convenience or reference. If there is any conflict between any such heading and the language of this Agreement, the language shall control.
Article Twenty-Four Skilled Trades
24.1 “Inter-Class Bid If Skilled Trades bid “Inter-Class” – Mechanic Journeyman (Assembly, Molding) to another Mechanic Journeyman (Press Lines/Welding) position the following shall occur:
(1) a 30 day trial period to allow Management to assess the individuals Skills & Abilities at the new position.
(2) During this 30 day period their former position is held open if they choose to return to it or Management disqualifies them.
(3) If at the end of the 30 day trial period it is determined that they are not at the Journeyman level in their Skills & Abilities for the new position, the JAC will assess their Abilities, Skills & Education, to determine where in the Apprentice Classification they will be placed and the accompanying wage.
At that time, they will be considered an Apprentice.
(4) If at the end of the 30 day trial period it is determined that they are at the Journeyman level in their Skills & Abilities for the new position, they will be recognized as a Journeyman in that Classification and paid accordingly.
24.2 “Out-of-Class” Mechanic Journeyman to Machinist Journeyman position the following shall occur:
(1) a 30 day trial period to allow Management to assess the individuals Skills & Abilities at the new position.
(2) During this 30 day period their former position is held open if they choose to return to it or Management disqualifies them.
(3) The JAC will assess their Abilities, Skills & Education, to determine where in the Apprentice Classification they will be placed and the accompanying wage.
At that time, they will be considered an Apprentice.
24.3 Continuous Operations Scheduling Arrangement
(a) The nature of the Company's business sometimes requires significant amounts of overtime. If this occurs over an extended period of time, it may be beneficial for the Company and the employees involved for the Company to make changes in work schedules. Although the Company has the right to change schedules under subsection 10.1(b), the type of changes involved would require changes which would otherwise not be consistent with the terms of this Agreement (e.g., premium pay).
(b) The employees involved will be assigned to A, B, C or D shift.
The A's and the B's will be on the "day" shift and the C's and the D's will be on the "night" shift, with a normal schedule being a 12 hour schedule.
There will be a 30 cents shift premium for those assigned to A and B and a 45 cents shift premium for those assigned to C and D.
The Company will add 2 dedicated weekend shifts; an E day shift and a F night shift.
The E shift will receive a 30 cent shift premium and the F shift employees will be entitled to a 45 cent shift premium to coincide with the shifts as noted above.
The standard hours for E shift will be 6 am – 6 pm and for F shift the hours will be 6 pm – 6 am Saturday and Sunday; the employees on E and F shifts will be paid for 40 hours. If additional weekend help is required, it will be on a voluntary basis.
For purposes of vacation scheduling for E and F shifts one day will be considered 20 hours.
Section 10.1 (a) does not apply to these employees.
(c) The lunch break under Section 10.1 (d) will be a 20 minute paid break.
(d) Section 10.2 will not be in effect for the affected employees, any work in excess of 12 hours per shift or on a day off will be treated as overtime work.
Saturday work will be paid at 12 hours overtime pay understanding that the employee must work their next regularly scheduled workday after to qualify for the Saturday overtime pay, unless prearranged between the employee and supervisor.
All hours worked on a non-scheduled Sunday will be paid at double time. Any hours worked over forty hours per week will be paid at time and one half the employee’s regular rate of pay.
(e) A primary purpose of this scheduling arrangement is to provide a schedule with days off. Therefore, if the Company requires an employee to work seven or more consecutive days and the employee works as scheduled, then hours worked on the seventh consecutive required day and for each consecutive required day thereafter will be paid at two times the employee’s regular rate, until the employee has been given the opportunity for a day off.
(f) In applying Section 10.1(e)(1) for these employees the deadline for scheduling overtime for an employee’s scheduled day off will be the start of the lunch break of the shift on the day before the work is to be performed.
If an employee wants to work on a scheduled day off, the employee may volunteer to work and may be allowed to work, as the Company has the need.
(g) Eligibility days for holiday pay under Section 13.2(b) will be that employee’s regularly scheduled workdays.
If the Company decides not to schedule an employee to work due to a holiday, and that workday would normally be a 12 hour shift for that employee, the employee will receive 12 hours pay.
If an employee is scheduled or works during a holiday, they will receive 12 hours of holiday pay. Also, actual time worked on a paid holiday will be paid at two times the employee’s regular rate.
If the employee is not scheduled to work on a recognized holiday, he will be paid 12 hours pay, and must qualify under the provisions of 13.1 and 13.2 of the current bargaining agreement.
(h) An employee’s vacation week will be scheduled starting on Sunday if that employee is scheduled to work that day, and end on the following Monday. If an employee is not scheduled to work that Sunday; that employee would start on Saturday and end on the following Sunday.
A vacation day will be charged and paid at 10 hours per day.
(i) Apprentices who have related school instruction under the Apprenticeship Program may have a conflict between their class time and their work schedule. Work time missed due to this conflict will be considered “hours scheduled” under paragraph (d) above.
(j) The Company and the Union, through mutual agreement, can implement or discontinue this alternative schedule at least 30 days in advance. The Company and the Union will discuss scheduling options with the employees in the classifications involved before implementing this alternative schedule.
Bereavement Schedules for Continuous Operations Schedule
(1) In the event of a death in the immediate family as defined in Section 16.9 upon the request of the employee, the four working days for bereavement leave will be administered so that the employee is excused from work for four consecutive scheduled working days and receive 48 hours of bereavement pay.
In the event of a death in the extended family as defined in Section 16.9 upon the request of the employee, the three working days for bereavement leave will be administered so that the employee is excused from work for three consecutive scheduled working days and receive 36 hours of bereavement pay.
(2) In the event of a death in the immediate family and extended family as defined in Section 16.9 upon the request of the employee working on the E or F shift, the working days for bereavement leave will be administered so that the employee is excused from work for two consecutive scheduled working days and receive 40 hours of bereavement pay.
(a) An apprentice in the Apprenticeship Program will start at the established rate and will progress toward the Journeyman rate in eight equal steps.
Each step will be for six months, during which the apprentice must have 1,000 hours of work in the trade, as provided in the Apprenticeship Program.
The Apprenticeship program will not deviate from the CBA, Company Work rules or Attendance Policy, but will adhere to the Apprenticeship Program Standards.
An apprentice who is removed from the Apprenticeship program will return to the classification he was in before he became an Apprentice.
After ratification of this agreement, any new apprentice who is removed from the Apprenticeship program will return to an open position in the plant in which he has the seniority to hold.
24.5 Semi-Skilled Future openings in the Semi-Skilled Maintenance Classification will be filled first by internal candidates and then by external candidates meeting the Classification selection criteria.
The Company will be removing the Maintenance “A” Classification; those presently in the Classification will be grandfathered in to the classification but will be replaced by a Journeyman or Apprentice when they leave.
The selection criteria for the Semi-Skilled Maintenance Classification will be as follows:
Sign Job Posting, submit a resume, take and pass and Objective Test to determine their Mechanical Aptitude/Blueprint Reading ability, satisfactory review of their Attendance – Discipline and Safety Records, Pass a formatted interview with the hiring Supervisor/Manager, and finally the selections done by hiring Supervisor/Manager (If candidates are equal, then the one with the most seniority will be offered the position).
Following their selection, the employee will have to complete limited advance educational training in an acceptable time line set by the Company.
24.6 Skilled Trades General
(a) For purposes of Article #7, all employees entering the skilled trades classification, including those currently enrolled in the Apprenticeship Program will utilize their seniority date in that specific skilled trades classification with overall plant seniority recognized for benefits such as vacation.
(b) If an employee is involuntarily removed from a Skilled Trades Classification for reasons other than performance or attendance when returned to the Skilled Trades that time spent out of the classification shall be included in departmental seniority.
(c) Personal tools used by a skilled trades employee are the responsibility of the employee. The Company, in its discretion, may pay for a replacement tool, e.g., if worn out or broken through normal use, but is not obligated to do so.