AGREEMENT
by and between
WEST PHARMACEUTICAL SERVICES, LAKEWOOD, INC.
and
TEAMSTERS LOCAL UNION NO.35
EFFECT WE: December 1, 2000
EXPIRATION: November 30, 2003
TABLE OF CONTENTS
PREAMBLE
ARTICLE 1- PURPOSE...........................................................1
ARTICLE 2- CONSIDERATION.....................................................1
ARTICLE 3- UNION RECOGNITION.................................................1
ARTICLE 4- UNION SECURITY ...................................................1
ARTICLE 5- SEPARABILITY AND SAVINGS CLAUSE...................................1
ARTICLE 6- HIRING EMPLOYEES..................................................2
ARTICLE 7- CHECKOFF..........................................................2
ARTICLE 8- MANAGEMENT RIGHTS.................................................3
ARTICLE 9- NON-DISCRIMINATION ...............................................3
ARTICLE 10- INSPECTION PRIVILEGES.............................................4
ARTICLE 11- FAIR DAY'S WORK...................................................4
ARTICLE 12- JOB STEWARDS......................................................4
ARTICLE 13- DISCHARGE OR SUSPENSION...........................................5
ARTICLE 14- GRIEVANCE AND ARBITRATION PROCEDURE...............................6
ARTICLE 15- NO STRIKE - NO LOCKOUT............................................8
ARTICLE 16- BREAK PERIODS.....................................................8
ARTICLE 17- LEAVE OF ABSENCE..................................................9
ARTICLE 18- MILITARY DUTY....................................................10
ARTICLE 19- LIE DETECTOR TEST................................................10
ARTICLE 20- SAFETY AND HEALTH................................................10
ARTICLE 21- NEW EQUIPMENT....................................................11
ARTICLE 22- TRANSFER OF TITLE................................................11
ARTICLE 23- BULLETIN BOARDS..................................................12
ARTICLE 24- SPECIAL SHIFTS...................................................12
ARTICLE 25- FLEXIBLE WORK WEEK...............................................12
ARTICLE 26- DIFFERENTIALS FOR LATE SHIFTS....................................14
ARTICLE 27- WORK DAY AND WEEK................................................14
ARTICLE 28- DAILY GUARANTEES.................................................14
ARTICLE 29- FUNERAL LEAVE....................................................14
ARTICLE 3O- JURY DUTY........................................................15
ARTICLE 31- PREMIUM RATES....................................................15
ARTICLE 32- HEALTH AND WELFARE...............................................17
ARTICLE 33- HOLIDAY PAY......................................................18
ARTICLE 34- VACATIONS........................................................19
ARTICLE 35- SENIORITY........................................................20
ARTICLE 36- JOB OPENINGS.....................................................22
ARTICLE 37- TRANSFERS........................................................23
ARTICLE 38- SUPERVISION......................................................23
ARTICLE 39- PENSION..........................................................24
ARTICLE 40- PLANT RULES .....................................................24
ARTICLE 41- WAGES............................................................24
ARTICLE 42- TERM OF AGREEMENT................................................27
PREAMBLE
This Agreement by and between West Pharmaceutical Services, Lakewood, Inc.,
located in Lakewood, New Jersey, hereinafter referred to as the "Company" or
"Employer" and Teamsters Local No. 35, 620 U.S. Route 130, Trenton, New Jersey,
affiliated with the International Brotherhood of Teamsters, hereinafter referred
to as the "Union."
ARTICLE 1
PURPOSE
Whereas, the parties hereto desire to establish uniform standards and hours of
labor, rates of pay and other conditions under which the employees classified
herein shall work for the Employer during the life of this Agreement and thereby
promote a relationship between the parties hereto providing for more harmonious
and efficient cooperation and mutual benefit.
ARTICLE 2
CONSIDERATION
Now, therefore, in consideration of the performance in good faith by both
parties, individually and collectively, of the terms and conditions of this
Agreement, the parties agree to and with each other as follows:
ARTICLE 3
UNION RECOGNITION
The Employer agrees to recognize Teamsters Local 35 as the exclusive bargaining
representative for all of its production and maintenance employees as classified
herein employed by the Employer at its locations in Lakewood, New Jersey,
excluding all office clerical employees, quality'control and quality assurance
employees, mechanics and mechanic trainees, technical employees, professional
employees, guards and supervisors within the meaning of the National Labor
Relations Act, as amended.
Whenever the masculine pronoun or possessive is used in this Agreement, the
feminine pronoun or possessive is also intended.
ARTICLE 4
UNION SECURITY
All present employees in the bargaining unit who are members of the Local Union
on the effective date of this Article or on the date of execution of this
Agreement, whichever is the later, shall remain members of the Local Union in
good standing as a condition of employment. All present employees in the
bargaining unit who are not members of the Local Union and all employees who are
hired hereafter shall become and remain members in good standing of the Local
Union as a condition of employment on and after the thirty-first (31st) calendar
day following the beginning of their employment or on and after the thirty-first
(31st) calendar day following the effective date of this Article or the date of
this Agreement, whichever is the later. This provision shall be made and become
effective as of such time as it may be made and become effective under the
provisions of the National Labor Relations Act, but not retroactively.
At the conclusion of the thirty-one (31) calendar day period, the Employer will
send to the Union the Authorization for Check-Off form within a reasonable
period of time.
1
The failure of any person to become a member of the Union at the required time
shall obligate the Employer, upon written notice from the Union to such effect
and to the further effect that Union membership was available to such person on
the same terms and conditions generally available to other members, to forthwith
discharge such person. Further, the failure of any person to maintain his Union
membership in good standing as required herein shall, upon written notice to the
Employer by the Union to such effect, obligate the Employer to discharge such
person.
In the event of any change in the law during the term of this Agreement, the
Employer agrees that the Union will be entitled to receive the maximum union
security which may be lawfully permissible.
No provision of this Article shall apply in any state to the extent that it may
be prohibited by state law. If under applicable state law additional
requirements must be met before any such provision may become effective, such
additional requirements shall first be met.
If any provision of this Article is invalid under the law of any state wherein
this Agreement is executed, such provision shall be modified to comply with the
requirements of state law or shall be renegotiated for the purpose of adequate
replacement. If such negotiations shall not result in a mutually satisfactory
agreement, the Union shall be permitted all legal or economic recourse.
ARTICLE 5
SEPARABILITY AND SAVINGS CLAUSE
If any Article or Section of this Agreement or of any supplements or riders
thereto should be held invalid by operation of law or by any tribunal of
competent jurisdiction, or if compliance with, or enforcement of any Article or
Section should be restrained by such tribunal pending a final determination as
to its validity, the remainder of this Agreement and of any supplement or riders
thereto or the application of such Article or Section to persons or
circumstances with or enforcement of has been restrained, shall not be affected
thereby.
In the event that any Article or Section is held invalid or enforcement of or
compliance with which has been restrained as above set forth, the parties
affected thereby shall enter into immediate collective bargaining negotiations
upon the request of the Union or Company, for the purpose of arriving at a
mutually satisfactory replacement for such Article or Section during the period
of invalidity or restraint. If the parties do not agree on a mutually
satisfactory replacement within sixty (60) days after beginning of the period of
invalidity or restraint, the matter shall be referred to arbitration
ARTICLE 6
HIRING EMPLOYEES
Section 6.01. Probationary Employees
Every new employee shall be on probation for a period of sixty (60) days worked,
and during such period the Employer may dispense with his or her services for
any reason without any question or objection by the Union or employee.
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Section 6.02. Shft Preference
No new employee shall be hired for day work until third shift employees have
been given the opportunity to bid on jobs that are vacant on the day shifts;
provided, that such transfers will not be made where they interfere with
requirements of reasonable training periods, not to exceed thirty (30) days
worked.
This Section relates to rated jobs only. Employees hired for the first, second
or third shifts can be switched to a different shift at the discretion of the
Company and only if it does not interfere with the operation of the business.
Section 6.03. Part Time Employees
The Employer agrees that it will not make use of part time employees in the
classifications covered by this Agreement.
ARTICLE 7
CHECKOFF
The Employer agrees to deduct from the fourth pay each month of all employees
covered by this Agreement the dues, initiation fees, andlor unifonn assessments
of the Local Union having jurisdiction over such employees as specified by the
Local Union from time to time, and agrees to remit to said Local Union all such
deductions in a manner described by the Local Union prior to the tenth (10th) of
the month for which the deduction is made. Deductions for initiation fees shall
be made in installments of a maximum of five dollars ($5.00) each pay until the
initiation fees are paid in full. Where written authorization is required by
law, the same is to be furnished by the Union in the form required. No deduction
shall be made which is prohibited by applicable law.
ARTICLE 8
MANAGEMENT RIGHTS
Section 8.01
It is recognized that the well-being of both parties is directly dependent upon
the skill and efficiency and methods of operation with which the business of the
Employer is conducted, and that any assumption of the functions of the
management by representatives of the Union is contrary to the intent and purpose
of this Agreement. The Union agrees to do everything within its power by full
cooperation with the Employer to bring about the most efficient operation.
Section 8.02
The authority and responsibility for the management of the business shall repose
exclusively on the Employer and its appointed representatives, and the Union or
its representatives shall not interfere with the exercise of such authority or
responsibility. The Employer maintains its inherent right to transfer employees
from one department or assignment to another or to assign employees as operating
procedures may require, and to introduce mechanization changes or palletized
loading or the use of other equipment as may arise out of the requirements of
its business; however, the Employer agrees to negotiate in advance with the
Union any broad changes in its operation which would result in the elimination
ofj obs for members of the Local Union. No provision of this Section shall be
binding if it conflicts with other provisions of this Agreement.
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ARTICLE 9
NON-DISCRIMINATION
Section 9.01
The Employer and the Union agree to continue to not discriminate against any
employee with respect to hiring, compensation, terms or conditions of employment
because of such employee's race, color, religion, sex, national origin or age,
nor will they limit, segregate or classif~' employees in any way to deprive any
employee of employment opportunity because of race, color, religion, sex,
national origin or age, and will comply with the Rehabilitation Act of 1973
(Sec. 503) and the Vietnam Era Veterans Readjustment Act of 1974 (Sec. 402) and
the Americans With Disabilities Act.
Section 9.02
The Company and the Union agree that there will be no discrimination by the
Company or the Union against any employee because of his or her membership in
the Union or because of any employee s lawful activity in the Umon.
Section 9.03
Employees shall be free from interference, restraint or coercion by the Employer
in their activities on behalf of the Union. Employees shall refrain from
participation in Union matters during working hours, except as provided in this
Agreement.
ARTICLE 10
INSPECTION PRIVILEGES
Authorized agents of the Union shall have access to the Employer's establishment
during working hours for the purpose of adjusting disputes, investigating work
conditions, collection of dues and ascertaining that the Agreement is being
adhered to, provided however, that there is no interruption of the Company's
work schedule, and management is notified of the Union's presence in the Plant.
ARTICLE 11
FAIR DAY'S WORK
It is agreed that each employee is obligated to give a fair day's work. Such
obligation shall not be measured by use of industrially engineered standards,
but may be measured by other applicable criteria. Failure to give a fair day's
work shall be cause for discipline.
ARTICLE 12
JOB STEWARDS
The Employer recognizes the right of the Union to designate Job Stewards and
Alternates. The authority of Job Stewards and Alternates so designated by the
Union shall be limited to and shall not exceed the following duties and
activities.
1. The investigation and presentation of grievances in accordance with the
provisions of the collective bargaining agreement;
2. The collection of dues when authorized by appropriate Local Union
action.
4
3. The transmission of such messages and information which shall
originate with, and are authorized by the Local Union or its Officers,
provided such messages and information:
A. Have been reduced to writing, or
B. If not reduced to writing, are of a routine nature and do not
involve work stoppages, slowdowns, refusal to handle goods, or
any other interference with the Employer's business.
Job Stewards and Alternates have no authority to take strike action, or any
other action interrupting the Employer's business.
The Employer recognizes these limitations upon the authority of Job Stewards and
Alternates and shall not hold the Union liable for any unauthorized acts. The
Employer in so recognizing such limitations shall have the authority to impose
proper discipline, including discharge, in the event the Job Steward has taken
unauthorized strike action, slowdown, or work stoppage in violation of this
Agreement.
Stewards shall be permitted to investigate, present and process grievances on or
off the property of the Employer without loss of time or pay. Such time spent in
handling grievances shall be considered working hours in computing daily and/or
weekly overtime.
The Union shall have the right to designate Stewards and Alternate Stewards and
shall attempt to limit Stewards to one (1) Steward for every one hundred (100)
employees; provided, however, there shall always be not less than one (1)
Steward for each shift of employees within each building regardless of the
number of employees on such shift and regardless of the total number of
Stewards. Job Stewards, while serving in that capacity, shall receive top
seniority in their classification for the purpose of lay-off.
ARTICLE 13
DISCHARGE OR SUSPENSION
Section 13.01
The Employer shall not discharge nor suspend any employee without just cause. In
all cases involving the discharge or suspension of an employee, the Employer
must immediately notify the employee in writing of his discharge or suspension
and the reason therefore. Such written notice shall also be given to the Job
Steward and a copy mailed to the Local Union office within two (2) working days
from the date of the discharge or suspension.
Section 13.02
With respect to discharge, the Employer must give one (1) warning notice of the
specific complaint against such employee in writing and a copy of the same to
the Union and the Job Steward. It is understood that the posted plant rules may
require varying degrees of disciplinary action. If the violation is one which is
cause for immediate dismissal then no warning is required. The warning notice as
herein provided shall not remain in effect for a period of more than twelve (12)
months from the date of the occurrence upon which the complaint and warning
notice are based. No rules may be in conflict with the provisions of this
Agreement.
5
Section 13.03
Any employee who resigns, retires or is discharged must be paid in full for all
wages owed him by the Employer, including earned vacation pay, if any, within
five (5) days from the date of discharge or by the next payroll period.
Section 13.04
A discharged or suspended employee must advise the Local Union in writing within
two (2) working days after receiving notification of such action against him of
his desire to appeal the discharge or suspension. Notice of appeal from
discharge or suspension must be made to the Employer in writing within five (5)
days from the date of discharge or suspension.
Section 13.05
Should it be proven that an injustice has been done to a discharged or suspended
employee, he shall be fully reinstated in his position and compensated at his
usual rate of pay for lost work opportunity. If the Union and the Employer are
unable to agree as to the settlement of the case, then it may be referred to the
Grievance Procedure as set forth in this Agreement, within ten (10) days after
the above notice of appeal is given to the Employer.
ARTICLE 14
GRIEVANCE AND ARBITRATION PROCEDURE
Section 14.01
A grievance is hereby jointly defined to be any controversy, complaint,
misunderstanding or dispute.
Any grievance arising between the Company and the Union or an employee
represented by the Union shall be settled in the following manner:
STEP 1. The aggrieved employee or employees and/or Job Steward must orally
present the grievance immediately or as soon as practical to the immediate
foreman in whose area the grievance arose. The foreman, employee and/or Job
Steward shall orally attempt to resolve the grievance at that time, if no
satisfactory settlement is reached following the oral attempt, the aggrieved
employee must present the grievance in writing to the Job Steward within three
(3) working days after the foreman's oral answer or within five (5) working days
after the reason for the grievance occurred. The Job Steward shall present the
grievance in writing to the foreman within one (1) working day after receiving
same and the foreman shall answer such grievance in writing to the Job Steward
within one (1) working day. No time limit shall apply in case of violation of
wage provisions of this Agreement. If no satisfactory settlement is reached then
the grievance shall proceed to STEP 2.
STEP 2. The Job Steward and the employee shall within two (2) working days
following the written answer from the foreman in STEP 1 submit the grievance in
writing to the Union's Business Representative. Within five (5) working days,
the Business Representative shall meet with a representative of the Company with
authority to act to attempt to resolve said grievance, unless such time limit is
actually extended by the parties. A decision must be made and a written answer
given within five (5) working days after conclusion of the above meeting.
6
ARTICLE 26
DIFFERENTIALS FOR LATE SHIFTS
A late shift is any eight (8) hour shift that begins no earlier than 2:00 p.m.
Employees required to work a late shift shall be paid fifty cents ($.50) higher
hourly rate for all hours worked than the rate paid for work in the same
classification on the day shift.
ARTICLE 27
WORK DAY AND WEEK
Section 27.01
The work week shall consist of not more than forty (40) hours to be performed in
not more than five (5) consecutive days of eight (8) hours each, Monday through
Friday.
Section 27.02
The work day shall consist of eight (8) consecutive hours, exclusive of the
lunch period.
Section 27.03
A day shift is any eight (8) hour shift that shall begin not earlier than 5:00
a.m. and not later than 8:00 a.m. Day employees required to report before 5:00
a.m. or required to work more than eight (8) hours or after 6:00 p.m. shall be
paid a premium rate of time and one-half (1 '/2 ) their regular hourly rate for
all time worked outside the regular day shift schedule.
The Employer agrees that employees who are late may be docked but only to the
extent of lateness. In no event will an employee be required to work during any
dock period.
ARTICLE 28
DAILY GUARANTEES
Employees reporting for work at the regular starting time of their shifts,
Monday through Friday, shall be afforded four (4) hours of work or pay, unless
they are notified before the end of their previous shift not to report.
On snow days or hazardous weather days, if an employee reports to work, and is
working; and the Company closes the plant - the employee will receive a minimum
of four (4) hours pay.
This Article shall not apply when the Employer is unable to afford four (4)
hours of work or less because of an Act of God or other emergency.
ARTICLE 29
FUNERAL LEAVE
An employee who suffers the death of his spouse, mother, father, son, daughter,
brother, sister, will receive funeral leave with pay for three (3) regularly
scheduled work days. An employee who suffers the death of his grandfather or
grandmother, will receive funeral leave with pay for two (2) scheduled work
days. An employee who suffers the death of his father-in-law or mother-in-law
will receive funeral leave with pay for one (1) scheduled work day. (A day's pay
for this purpose means eight (8) hours straight time pay. Normally scheduled
work day for this purpose shall mean any days scheduled for a basic forty (40)
hour work week. Any day over the basic forty (40) hour work week shall not be
part of this three (3) day leave of absence.)
14
Since the above funeral leave is intended as a time to complete necessary
arrangements, and not a monetary gain, it will not apply to any vacation,
partial vacation or portion thereof.
ARTICLE 30
JURY DUTY
Employees shall be entitled to jury duty leave not to exceed two (2) weeks in a
calendar year. The Employer agrees to pay eligible employees for each day of
jury service an amount equal to the difference between the employee's daily
straight time earnings and the payment received for jury duty. This Article
shall not apply to any employee who voluntarily seeks jury service.
ARTICLE 31
PREMIUM RATES
Section 31.01
For all hours worked by regular full time employees on Saturday, employees shall
be paid at the rate of one and one-half (1 'A) times the rate for the job.
Section 31.02
For all hours worked by regular full time employees on holidays, employees shall
be paid at the rate of one and one-half (1 '/2) times the rate for the job in
addition to the pay for the holiday.
Section 31.03
For all hours worked on Sunday, employees shall be paid at the rate of two (2)
times the rate for the job.
Section 31.04
All hours worked on any shift shall be deemed to be worked on the day the shift
started. This shall not require that third shifts beginning on Sunday evenings
be treated as Sunday work for purposes of overtime.
Section 31.05
For all hours worked in excess of eight (8) hours in a day, the employees shall
be paid one and one-half(1 V2 ) times their regular rate for thejob. For all
hours worked in excess of forty (40) hours per week, and for all hours worked in
excess of thirty-two (32) hours per week in a week in which a holiday occurs
during the normal work week, the employees shall be paid one and one-half (1
'/2) times their regular rate.
Section 31.06
A Overtime Work Monday through Friday -- When a need for overtime work
develops, it shall be offered in the following order:
1. To those employees working on that specific line or job in
seniority order;
2. To those employees permanently assigned to the building and
classification in seniority order;
15
Section 31.06 (continued)
3. To those employees within the department (West Packaging or West
Labs) able to peiform the work required in seniority order.
If overtime on that specific line is scheduled for more than one
(1) day, the Employer will do everything it reasonably can to
move higher seniority people within that specific building on
that specific shift within the classification to that line.
B. Overtime Work Saturdays, Sundays and Holidays, When a need for overtime
work develops, such work shall be offered in the following order:
1. To employees presently working and permanently assigned within the
building, department and classification in seniority order;
2. To employees presently working and permanently assigned within the
department and classification in seniority order;
3. To employees presently working within the building and
classification who are transferred from the other department;
4. To employees able to perform the required work who are presently
working and employed by the Employer in seniority order.
The Employer will make every reasonable effort to distribute overtime equally
among the shifts.
Notwithstanding anything to the contrary, employees who sign up for any tempor~
voluntary transfer requested by the Employer shall be offered Saturday, Sunday
and Holiday work immediately following such offer made to employees permanently
assigned to the classification and 1,uilding in which such work is required
(Step 1). Such offer of overtime work shall be made first to
the employees voluntarily transferring within the department in which the work
is required in the order of seniority and thereafter to the employees
voluntarily transferring from the other department in seniority order.
It is expressly understood that the overtime schedule on non-rated jobs shall
first be offered to the appropriate employees permanently assigned in the
building where the work is to be done in seniority order and thereafter in
seniority order based upon total departmental service. The Employer agrees that
it will post all overtime postings in both Departments in all buildings when
lists are not filled at the time of the original applicable posting.
Any regular employee or group working overtime shall not be given time off to
offset the overtime work.
The Employer has the right to schedule overtime work. The Union will do
everything in its power to have a sufficient number of employees available to
perform the job in overtime assignments. Although the parties recognize that
individual overtime is voluntary, a failure to report for overtime accepted
shall be cause for discipline. Furthermore, any concerted refusal to work
overtime is a violation of this Agreement and shall subject each employee
participating in the refusal to disciplinary action.
16
Section 31.07
Premium and/or overtime rates shall not be pyramided.
Section 31.08
The term Department is defined to mean West Packaging and/or West Labs.
Section 31.09
In the event an employee works prior to his regular scheduled starting
time(early starts), he or she shall be paid at the rate of time and one half(l
'/2) for all hours worked prior to his regular scheduled starting time and shall
be guaranteed in addition the right to work his regular shift in accordance with
this contract, but must work his regularly scheduled shift in order to qualify
for the overtime pay, unless the failure to work such regular shift is due to
the action of the Employer in which case the employee will receive time and one
half (1 1A) for the time worked on an early start. All such starts shall be
voluntary. An early start shall be defined as a starting time prior to the time
that the employee was regularly scheduled.
ARTICLE 32
HEALTH AND WELFARE
Section 32.01
The Employer agrees to make payments to the Fund in the current month for such
current month, i.e. payment for December benefit coverage to be received by
Teamsters Local 35 Welfare Fund on or before that December Tenth (10th).
The Employer shall contribute the sum each month in accordance with the schedule
set forth in Section 32.02 for each employee who has worked, or reported for
work on one (1) day of such calendar month, except that no contributions shall
be required for persons until they have completed eighty (80) days of work.
If the employee is on lay-off status on the last day of the month, the payment
for the next month will not be made until said employee returns to work.
Contributions set forth herein shall continue to be made by the Employer for
three (3) calendar month for employees who are on an approved sick leave or
absent due to a compensable injury or illness.
Section 32.02 - Contributions
Effective December 1, 2000, contributions shall be remitted in the following
maximum amounts and as further revised pursuant to Section 32.05:
12/1/00 12/1/01 12/1/02
Teamster 35 Health Plans $349.96 $378.48 $389.83
(employee only)
Teamster 35 Health Plans $40.00 $40.00 $40.00
(dependent contribution max. allowable when applicable)
17
Section 32.03 - Life Insurance
Employer shall provide life insurance coverage through a carrier of its choice
and provide the premiums therefor on each employee's life as follows:
$10,000.00 of Life Insurance
The Company shall continue to provide life insurance coverage, for a three (3)
month period, for employees on medical leave.
Upon separation of employment notwithstanding the reason, employees may elect to
purchase this life insurance benefit by paying those premiums established by the
carrier to maintain such benefits.
Section 32.04
Contributions shall be remitted to the Fund no later than the tenth (10th) of
each month for that calendar month. All remittances to the Fund shall be in a
manner described by the Fund, and failure on the part of the Employer to comply
shall be considered a violation of this Agreement and shall permit the Union to
take any action including strike action after seventy-two (72) hours notice to
the Employer of such intended action unless the Employer shall comply within
said period except that the Union will hold the Employer harmless for any delay
which is not the fault of the Employer.
Section 32.05
In the event that during the life of this Agreement, rate increases are effected
by Horizon Blue Cross, such additional sums shall be paid by the Employer and
remitted to the Fund. Such increases shall be capped at the rates shown above.
In no event shall the employer be required to pay more than the rates shown in
section 32.02.
Section 32.06
The Company agrees to provide Worker's Compensation Insurance as provided as
provided by law and Temporary Disability Insurance from a provider or providers
of its selection to the employees covered hereunder at no cost to such employee.
ARTICLE 33
HOLIDAY PAY
To be eligible to receive holiday pay, regular bargaining unit employees must
have been in the employ of the Employer for at least sixty (60) working days
prior to the Holiday.
These employees must work the full regularly scheduled plant work day
immediately preceding and the full regularly scheduled plant work day
immediately following the Holiday, except that active (i.e., those not on an
approved Leave of Absence) employees who are absent or leave early due to
illness or injury, or other serious circumstance and excused by the Company will
receive eight (8) hours pay at straight time for such Holiday. Such excuse and
pay shall not be unreasonably withheld. It is understood that an employee who is
absent from work on the day before or following the Holiday shall be required to
support the same with a Doctor's certificate in order to be eligible for Holiday
Pay.
18
Section 14.01 (Step two continued)
If the Company fails to comply with any settlement of the grievance or fails to
comply with the procedures of this Article, the Union has the right to take all
legal and economic action to enforce its demands; provided, however, no sanction
by way of strike or otherwise shall be imposed by the Union on the Employer
until after the parties have met to determine the time when the settlement made
shall be implemented. The notice shall be given by the Union to the Employer
that such a meeting is requested by the Union. The meeting shall be held within
three (3) working days after notice shall be given by the Union to the Company
that such a meeting is requested by the Union.
Section 14.02
In accordance with Article 12, any Job Steward shall be permitted to leave work
to investigate with all reasonable speed and adjust the grievance of any
employee within his jurisdiction, after notification to his Supervisor.
Employees shall have the right to have the Job Steward or a representative of
the Union present during the discussion of any grievance with representatives of
the Company.
Section 14.03
If no satisfactory settlement can be agreed upon, the parties shall select a
mutually agreeable and impartial Arbitrator within five (5) working days after
receipt of written answer in STEP 2 above. In the event they are unable to so
agree upon an Arbitrator, the matter shall be referred to the American
Arbitration Association within ten (10) working days after receipt of written
answer above and the Arbitrator shall be selected in accordance with the rules
of that Agency. The expense of the Arbitrator selected or appointed shall be
borne equally by the Company and the Umon.
Section 14.04
The Arbitrator shall not have the authority to amend or modify this Agreement or
establish new terms and conditions under this Agreement. The Arbitrator shall
determine any question of arbitrability. In the event the position of the Union
is sustained, the aggrieved party shall be entitled to all the Health and
Welfare and Pension benefits of this Agreement which would have accrued to him
had there been no grievance.
Section 14.05
Both parties agree to accept the decision of the Arbitrator as final and
binding. If the Company fails within the time fixed by the Arbitrator to comply
with the award of the Arbitrator or with the procedures of this Article, the
Union has the right to take all legal action enforcing compliance.
Section 14.06
Notwithstanding anything contained herein, it is agreed that in the event any
Employer is delinquent at the end of a period in the payment of his contribution
to the Health and Welfare Fund created under this Agreement in accordance with
the rules and regulations of the Trustees of such funds, after the principal
officer or his designated representative of the Local Union has given
seventy-two (72) hours notice to the Employer of such delinquency in Health and
Welfare
7
Section 14.06
payments, the employees or their respective representatives shall have the right
to take such action as may be necessary until such delinquent payments are made
and it is further agreed that in the event such action is taken, the Employer
shall be responsible to the employees for losses resulting therefrom.
The Union agrees to save the Employer harmless if the delinquency is proven to
be through no fault of the Employer.
ARTICLE 15
NO STRIKE - NO LOCKOUT
Section 15.01
The Company agrees that during the term of this Agreement, it will not engage in
any lockout of its employees in whole or in part.
Section 15.02
Except as otherwise provided in this Agreement, during the term of this
Agreement, the employees covered hereby shall not engage in, encourage or
sanction any strike, sitdown, picketing or such actions which will interrupt or
interfere with the operations of the Company. No suit or claim for damages shall
be instituted or initiated by the Company against the Union, its representatives
or members by reason of such strike if the Union has taken the steps described
herein. The Union agrees that during the term of this Agreement, neither it nor
its officers or agents will engage in, encourage or sanction any strike,
sitdown, picketing or such actions which will interrupt or interfere with the
operations of the Company. In the event of any unauthorized violation of this
Agreement, the Union agrees that upon telegraphic notification by the Company,
it will take affirmative steps with the employees concerned to bring about a
resumption of the normal operations of the Company.
Section 15.03
It is further agreed that in the event of any violation of this Article, except
as provided otherwise in Article 32, Section 32.04, the Company may discharge or
otherwise discipline any employee (whether individually or in a group) who has
violated such Article. In such event, an employee discharged or otherwise
disciplined may file a grievance under the grievance provisions of this
Agreement.
ARTICLE 16
BREAK PERIODS
The Employer will pay for breaks and wash-up time as follows: A fifteen
(15)minute break in the morning and a fifteen (15) minute break in the
afternoon. In addition a five (5) minute period will be provided for work area
clean-up time. However, in the event of overlapping shifts, there shall be no
obligation to provide the five (5) minute clean up period for the work area.
Such work area clean-up time, to the extent provided, will commence ten (10)
minutes prior to the end of the shift and terminate five (5) minutes prior to
the end of the shift. At this time the employee will be permitted to leave his
work area for personal clean-up time and/or to ring out. The above time will be
designated by ringing of an alarm. In addition, the Employer will provide a
fifteen (15) minute break to employees scheduled to work more than ten (10)
hours in any day. Such breaks shall begin not later than the start of the tenth
(10th) hour.
8
ARTICLE 17
LEAVE OF ABSENCE
Section 17.01
An employee desiring a leave of absence from employment shall submit a written
request fully explaining the reason for the leave. Requests for medical leave
must be supported by a proper certificate from a physician. The initial period
for all leaves shall not exceed three (3) months. Permission will not be
unreasonably withheld. The Employer will make its response in writing to the
employee. Employees on leave of absence will not earn or receive holiday pay,
vacation pay, funeral pay or jury pay, except employees on approved sick leave
of absence may accrue vacation pay on the basis of a maximum of three (3) month
accrual credit.
Section 17.02
During the leave period, the employee will not engage in gainful employment.
Failure to comply with this provision may result in termination for the employee
involved.
Section 17.03
Extensions of the original leave for periods not to exceed thirty (30) days
shall be granted, provided proper certificate from the employee's attending
physician is presented to support requests for such extension.
Section 17.04
Six (6) consecutive months shall be the maximum period for which a sick leave
and subsequent extensions, as defined above, shall be granted. Further
extensions may be granted only by mutual consent between the Employer and the
Union.
Section 17.05
Any employee who is absent from work for more than two (2) calendar weeks
because of sickness shall be required to obtain sick leaves as provided in
Section 17.01. Failure to obtain such approval shall result in his being
separated from the payroll as having voluntarily quit.
Section 17.06
Maternity leave will be treated as a medical leave. Maternity leave will
commence when the employee's condition substantially interferes with job
performance, or when a physician so recommends, whichever is sooner
Section 17.07
Leaves in accordance with the Family Medical Leave Act ("FMLA") shall comply
with the West Company's Medical and Family Leaves of Absence Policy, Policy No.
POL-PER 435, except that in accordance with the New Jersey Medical Leave Act, an
eligible employee shall be one who has worked one thousand or more base hours
during the preceding twelve (12) month period. Notwithstanding anything
contained within that Policy, no employee shall be required to use otherwise
available leave before becoming eligible for FMLA leave.
9
ARTICLE 18
MILITARY DUTY
Section 18.01
Any employee who shall enter into the Armed Services of the Country shall, at
the end of such Service, if physically and mentally fit, be reinstated to this
former position with full seniority, provided however:
He shall make application for reinstatement within ninety (90) days from his
Honorable Discharge from the Armed Forces, or within such further period as may
hereafter be prescribed by law, and the Employer's circumstances have not so
changed as to make it impossible to provide employment.
Section 18.02
Reserve servicemen will be allowed two (2) weeks time to train under Government
regulation and this time may not be charged against the employee's vacation
unless the employee requests his vacation at that time.
ARTICLE 19
LIE DETECTOR TEST
The Employer shall not require, request or suggest that an employee or applicant
for employment take a polygraph or any other form of lie detector test.
ARTICLE 20
SAFETY AND HEALTH
Section 20.01. Sanitary Conditions
Heating, lighting, toilets, lockers and sanitary facilities and all protective
devices necessary to protect the health of employees shall be provided by the
Employer. The Union will at all times cooperate with and assist the Employer in
maintaining safety and health conditions in the plant.
Grievances which arise under Section 21.01 and which are not settled in the
Joint Safety Committee may be filed under Article 14 as a regular grievance.
Section 20.02. Safety Committee
A Safety Committee shall be established consisting of one (1) member appointed
by the Union and one (1) member appointed by the Employer. The Employer shall
pay for such time spent by the Union member of the Committee up to a maximum of
four (4) hours per month.
Section 20.03. Committee Functions
It shall be the function of the Joint Safety Committee to:
1. Recommend improvements in safety, sanitation and health conditions
affecting the employees.
2. Investigate the cause of industrial accidents and compensable
industrial illness.
10
Section 20.04. On-the-Job Injuries
Should an employee be injured at work and be unable to continue working as a
result of the injury as determined by medical authority, he shall be paid for
the entire day. Should he lose time during any day thereafter for treatment for
injuries suffered while employed, he shall be paid for lost time, not to exceed
one (1) hour, and the same is to be counted as time worked for the purpose of
computing overtime pay. However, for purposes of this Section, an employee shall
not be compensated more than eight (8) hours of lost time for treatment of any
single occurrence. An employee injured at work shall be permitted to return to
his job if he has recovered and is physically and otherwise able to perform his
pre-injury job or any other open position at the time he has been medically
released by his treating physician and/or the Company's physician should the
Company require a confirming opinion. The cost of any confirming opinion shall
be at the Company's expense. Any employee unable to return to his pre-injury job
or another position for a period of twenty-four (24) months from his last day of
work shall no longer be able to return to employment. In the event of injury,
the Company has the right to send the injured employee to the Company's
designated doctor approved by their insurance coverage. If an injured employee
desires the services of a Doctor it shall be granted as soon as possible. The
Company shall provide transportation where necessary for medical attention on
the day of the accident. The Company agrees to notify the Steward within a
reasonable time of the occurrence of any accident or injury on the Employer's
premises during working hours involving a bargaining unit employee or employees.
Section 20.05 Drug Policy
The Company and the Union agree to adopt The West Company's Controlled
Substances Policy, HR- 43, dated August 31, 1998, Revision No. 1998 - 1, except
that it is agreed that the Company will not engage in the search of automobiles
for the purpose of determining compliance with the Policy.
The Company agrees not to randomly test more than five (5) bargaining unit
employees per calendar month. As further clarification, in the event that the
Company requires an employee to test under this Policy, and that employee tests
negative, the Company will be responsible for the payment of wages for all
missed work time relating to the negative drug test. As a further clarification,
upon return to work, an employee will be required only to successfully complete
a controlled substance screening. Employees will not be required to contact
their physicians to alter drug dosages or treatment as provided for by the West
Policy.
ARTICLE 21
NEW EOUIPMENT
Whenever the introduction of new equipment or machinery, or the creation of a
new classification, or the combination of existing classification causes a
substantial change in the kind of duties performed by any employee, then the
Employer and the Union shall discuss the appropriate rate for the new or
substantially altered job classification. Should the parties be unable to reach
agreement on the appropriate rate, then the Employer may set a rate and the job
will be posted and bid and the work will proceed, provided that the Union may
process the issue of permanent appropriate rate through the grievance and
arbitration procedure.
ARTICLE 22
TRANSFER OF TITLE
In the event during the term of this Agreement, the Employer sells, leases,
assigns, merges or in any other way gives up overall or any part of its existing
operations, the present Agreement will continue to be binding upon whatever new
enterprise operates the Employer's business or any part thereof.
11
This provision shall be fully applicable regardless of the form or extent to
which the transfer takes place and all members of the Bargaining Unit shall
continue to have full rights under the Agreement with the new or altered
operations, and the contract shall be fully applicable upon all aspects of the
operation, both those transferred and those which may not be.
ARTICLE 23
BULLETIN BOARDS
The Employer agrees to provide suitable bulletin boards for the exclusive use of
the Union in a place accessible to all employees covered hereunder.
ARTICLE 24
SPECIAL SHIFTS
The Employer may continue as is the practice to establish special shifts of work
which require earlier start times and/or later stop times than established in
this Agreement.
The Employer agrees that it will post the usual notice for this purpose for six
(6) work days.
The required positions will be filled using the principle of classification
seniority for rated positions
and general seniority for unrated positions.
Any such shift and the employees selected to staff the same shall not remain in
effect for more than
90 calendar days without a new bid being implemented.
ARTICLE 25
FLEXIBLE WORK WEEK
Section 25.01
The Employer may designate certain projects to be performed by employees working
a flexible work week, something other than a Monday through Friday work schedule
as established within Section 27.01.
Section 25.02
A flexible work week project will be posted by the Employer. Employees can bid
on the flexible work week by using the principle of classification seniority for
rated positions and general seniority for unrated positions.
If there are not a sufficient number of employees bidding for the flexible work
week assignments, then employees hired after December 1, 1997 shall be assigned
to the position on the flexible work week schedule. No one shall be assigned to
a flexible work week schedule until bidding has been extended to all rated and
unrated employees.
All employees hired after December 1, 1997 shall be advised at the time of hire
that their schedule may become a flexible work week schedule in the event that
there are not a sufficient number of employees bidding to work that schedule.
Section 25.03
A flexible work week is any five (5) consecutive day period. Employees working a
flexible work week will not be provided premium rates as established by Article
31.01 and 31.03 Instead, employees working a flexible work week will receive a
flex premium.
12
Section 25.03 (continued)
1. The flex premium will be twenty dollars ($20.00) for a scheduled work week
which includes only a Saturday, twenty-six dollars ($26.00) for a scheduled
work week including only a Sunday.
2. The flex premium will be forty-six dollars ($46.00) for a scheduled work
week which includes both a Saturday and a Sunday.
3. In order to receive the flex premium, the employee must work each scheduled
day during that workweek. An employee who has not worked, but been paid for
vacation, holiday, sick/personal or bereavement and who works at least
three (3) days in the scheduled week including all scheduled weekend days
shall remain eligible for the flex premium.
Section 25.04
Employees working a flexible work week shall be returned to a regular Monday to
Friday work week at the conclusion of the flexible work week assignment. Upon
return they shall be compensated at premium rates in accordance with Article 31.
Flexible work week workers shall be ineligible for Article 31.01 and 31.03
premiums only during these weeks when assigned to and working a flexible work
week.
Section 25.05
The flexible work week must last four (4) weeks or longer. Regular and routine
overtime assignments shall continue to be scheduled and assigned in accordance
with Section 31.06. The Company shall have the discretion to determine whether,
and for how long, the flexible work week is to be used. These assignments are
project(s) based in response to customer demands.
1. Employees who successfully bid on flexible work week assignments may after
eight (8) weeks provide notice to Human Resources of a desire to return to
a regular work schedule and will be accommodated as soon as a replacement
can be secured but not later than two (2) weeks after notice of intent to
return is provided.
2. Employees with compelling personal reasons will be given the opportunity to
return to a regular schedule prior to eight (8) weeks.
3. An employee working a regular work week who is notified of layoff will be
permitted to use seniority to bump a less senior employee, provided they
have previously held the classification or have the present ability to
perform the work. By bumping into a flexible work week assignment, the
employee shall then be scheduled and compensated as a flexible work week
worker. This shall continue until the employee is recalled to their former
position.
Section 25.06
Holidays which fall on a non-scheduled work day shall be compensated. The
employee will accordingly be compensated for six (6) days for five (5) days
worked during such a week. The Company will not schedule Easter Sunday as
part of a flexible work week schedule.
13
Employees on leave of absence shall not be entitled to holiday pay but employees
absent from work the day before or after a holiday who can demonstrate that
their absence was bonafide to the satisfaction of the Company shall be eligible
to receive holiday pay.
In no event shall an employee be entitled to Holiday pay when such employee is
absent for more than two (2) consecutive calendar weeks.
Holidays December 1, 2000 through November 30, 2003:
1. New Year's Day 5. Independence Day 9. Christmas Eve
2. Good Friday 6. Labor Day 10. Christmas Day
3. Easter Monday 7. Thanksgiving Day 11. Three (3) Sick/Personal Days
4. Memorial Day 8. Day after Thanksgiving 12. Floating Holiday
Employees will be permitted to use the Personal Days if twenty-four (24) hours
notice is given to Management and approval is granted. Such approval shall not
be unreasonably withheld.
Employees will be eligible for the Sick Days with pay provided he or she
notifies personnel on the day of absence and reports the reason for the absence.
On each December 31, the Company will allow as many employees as practicable,
who so desire, to use available leave (vacation and personal days) or to take
that day off without pay if not entitled to such leave (and without consequences
for an absence) based upon their seniority and business requirements.
ARTICLE 34
VACATIONS
A. Vacations shall be earned as of June 30th and may be taken during the
following year beginning July 1sto Vacations may not be taken until eamed
and cannot be anticipated. Should the Company decide to proceed with a
vacation shut down, it must provide advance notice to the Union and
employees. The date for determining the number of years or months on the
payroll for the pur~ose of determining the amount of vacation on
subparagraph "D" of this Article shall be June 30t~ Employees shall not be
permitted to carry over vacation from the previous year and shall be paid
for any unused vacation.
B. All vacation pay shall be calculated on the employees basic straight time
hourly rate.
C. Vacation selection will be granted on a seniority (length of continuous
on-the-job service) basis, so far as possible preference as to dates being
given in the order of length of such service. Vacation schedules must be so
arranged as not to interfere with the regular and efficient conduct of
business of the Employer.
D. All employees who have been on the Employer's payroll for the periods
indicated below, shall receive the indicated vacations and vacation pay at
their current basic straight time hourly rate:
SERVICE VACATION
------- --------
After 13 weeks but less than 1 Year 3 Days
1 Year but less than 2 Years 5 Days
2 Years but less than 3 Years 7 '/2 Days
3 years but less than 8 Years 2 Weeks
19
8 Years but less than 15 Years 3 Weeks
15 Years but less than 20 Years 4 Weeks
20 Years and longer 5 weeks
E. Employees whose vacations occur in a period in which a holiday falls shall
receive an extra day's pay for the holiday.
F. No later than June 15th of each year of the Agreement, the Employer will
notify the employees as to whether the employees will have an additional
day's pay or day off with pay in the event a holiday provided for in
Article 33 falls within the scheduled shutdown.
G. All vacations shall be taken in time off except under extenuating
circumstances. When an employee is laid off or his employment is terminated
for any reason, either he or (in case of death) his beneficiary will be
entitled to the vacation pay that had accrued at the time of separation.
H. The Employer may at his discretion designate a vacation period of up to but
not more than two (2) weeks during the months of July and August after
giving the employees at least three (3) month's notice.
ARTICLE 35
SENIORITY
Section 35.01 Loss of Seniority
Seniority shall be computed from an employee's original date of hire unless
broken for the following reasons:
1. Resignation;
2. Dismissal for cause;
3. Twelve (12) consecutive months of unemployment, (six (6) consecutive
months of unemployment for employees on layoff as of December 1,
2000), unless on approved leave of absence;
4. Failure to report when notified to return to work in accordance with
Article 35(C);
5. Three (3) consecutive days of unexcused absence defined as three (3)
or more consecutive working days without notification to the Employer
during regular business hours, Monday through Friday, except under
proven extreme circumstances.
6. Absence from work for any reason for 24 consecutive months, except if
the absence is the subject of arbitration under the agreement.
Section 35.02 Layoffs
Temporary Layoff - A temporary layoff is a layoff for lack of work and shall be
for a period not longer than one (1) week. Notice of a temporary layoff must be
given to the Job Steward not later than the middle of the employee's shift
preceding the day of layoff, or pay in lieu thereof, unless the layoff is caused
by an act of God, power failure, or other reasons beyond the Employer's control.
20
Section 35.02 (lay offs continued)
Thereafter, those laid off employees shall have the right to bump into lower
classifications within the building where the layoff occurred provided they have
more seniority and previously held the classification or have the present
ability to perform the work of such lower classification taking the rate of the
classification, in which event employees having junior seniority in such lower
classification shall be laid off. However, no employee affected by a temporary
layoff and having bumping rights hereunder shall have the right to bump into
ajob other than ajob in the building in which he is working at the time of
temporary layoff.
Indefinite Layoff- An indefinite layoff is a layoff for lack of work for a
period longer than one (1) week. Notice of an indefinite layoff must be given
the Job Steward forty-eight (48) hours in advance, or pay in lieu thereof,
unless the layoff is caused by an act of God, power failure, or other reasons
beyond the control of the Employer.
Employees in the classification or classifications affected by a lack of work
shall be laid off in the reverse order of their seniority. Thereafter, those
laid off employees shall have the right to bump into lower classifications
provided they have more seniority and they have previously held the
classifications or have the present ability to perform the work of such lower
classification taking the rate for the classification, in which event employees
with less seniority in such lower classification shall be laid off.
A laid off employee having bumping rights hereunder and who otherwise qualifies
to bump into a classification on another shift or in another Department (Labs or
Packaging) shall have forty-eight (48) hours from the receipt of Notice of
Intent to Layoff to decide whether he desires to exercise such bumping rights.
It is the intent of the parties to afford senior employees the privilege of
bumping prior to layoff from work, and that no junior employees work while
senior employees are actually laid off.
If an employee elects to take the indefinite layoff option, he or she shall
remain on layoff until qualified under the recall provisions of this Article to
recall to the shift or Department (Labs or Packaging) from which he or she was
laid off; unless the Employer determines a need on another shift or Department
(Labs or Packaging) whereupon the employee shall be recalled to such other shift
or Department (Labs or Packaging) provided he or she qualifies under the Recall
provisions of this Article.
An indefinite layoff shall become a pennanent layoff and a break in service
shall occur when such layoff extends twelve (12) consecutive months, (six (6)
consecutive months of unemployment for employees on layoff as of December 1,
2000).
Job Stewards, while serving in that capacity, shall receive top seniority in
their classification for the purpose of layoff.
It is expressly understood that in no event shall an employee be permitted to
bump to a higher rated classification or pay.
Recall - The Employer shall notify the employee when recalling and the employee
must respond to said notice within forty-eight (48) hours of his intention to
return within seventy-two (72) hours from the time of the notice of recall.
When returning from layoff, employees shall be returned to their original job
when that position becomes available.
21
Section 35.02 (lay offs continued)
When employees are recalled from layoff, they shall be recalled in the reverse
order of layoff provided they are qualified to perform the required work.
In no event shall the Company hire new employees while there are employees on
layoff.
ARTICLE 36
JOB OPENINGS
Job openings are defined as, but not limited to, the following:
1. Permanent vacancies.
2. Additions to existing jobs.
3. Newjobs declared by the Employer.
All such job openings shall be posted separately according to wage rates on
appropriate bulletin boards in locations where employees eligible to bid are
working.
A copy of such bid posting sheet shall be given to the Union Stewards at the
time of posting and the Employer will make a reasonable effort to notify
employees on vacation.
Bid postings shall indicate the openings, department, building, classification,
shift, wage rate and range and other information the Employer may have to assist
the employees in the bid process.
Certain rated positions, as designated below, shall require an employee to
satisfactorily complete a basic test in order to successfully bid for that rated
position. An employee who has already satisfactorily completed that test will
not required to retest in response to other postings for other designated
positions.
Employees currently in a rated position which requires the successful passing of
that test wtll not be required to retest should they bid on another rated job so
designated. The positions designated requiring a test to successfully bid
including the following: Form, Fill, & Seal Operator; Label Machine Operator;
Bartelt & Pouch Fill Operator; Filler Operator; Line Leader; Carton Machine
Operator; Slitter/Brown/Atlas Vac Operator; Pump Placer.
All bid sheets shall remain posted for a period of six (6) working days.
Employees may use their departmental (West Packaging or West Laboratories)
seniority to bid for any opening whether above, on a level with, or below their
current wage rate by placing their name on the bid sheet.
The Employer agrees to provide copies of the bid sheet containing the names of
the bidders to the Stewards when removing them from posting at the conclusion of
the bid period.
Each such posting shall be valid for a period of sixty (60) calendar days from
the removal date. The same or additional openings offered must be rebid if not
filled within said period.
22
The Employer shall have the right to fill such vacancies on a temporary basis
for a period not exceeding three (3) weeks. The Employer agrees to fill the
openings on a permanent basis based upon departmental (West Packaging or West
Laboratories) seniority and the ability to do the required work. Where ability
is relatively equal between applicants, departmental (West Packaging or West
Laboratories) seniority shall govern.
In the event there are no bidders within the appropriate Department, the
Employer will make the same posting in the other Department (West Packaging or
West Laboratories). Then, if there are no bidders, the Employer shall have the
right to fill such openings with a new employee.
ARTICLE 37
TRANSFERS
Section 37.01
To accomplish the work within the plants, the Employer may temporarily transfer
employees from one classification to another for a period not to exceed three
(3) weeks. When transferring employees, the Company will transfer with less
senior employees first.
Section 37.02
An employee temporarily transferred to a higher, lower or equal classification
shall receive the rate of his regular classification for the time worked not to
exceed three (3) weeks.
Section 37.03
An employee temporarily transferred to a higher classification shall be credited
with days worked in that classification. If the transferred person(s) bid(s) for
a permanent opening in that same job classification at a later date and is
successful, those credited days will be applied to reduce the thirty (30) day
qualifying period.
Section 37.04
An employee so transferred must be returned to his own position worked prior to
the transfer at the conclusion of the transfer period, provided that position
exists.
Section 37.05
Temporary openings no matter which shift or which building are not covered by a
six (6) day job bid requirement. The Employer shall not be required to post
temporary transfers forbid. The employer may, at any time, post an inquiry
notice and transfer signers.
ARTICLE 38
SUPERVISION
It shall be the policy of the Employer to use production employees to perform
all production operations. Therefore, no Supervisor or Foreman (except
Maintenance Foreman) or others not included in the bargaining unit shall perform
the duties normally assigned to employees in the bargaining unit, except for
purposes of instruction, in cases of emergency which do not deprive regular
employees of their regular work, including overtime, or for development and
experimental work to determine production processes and costs.
Supervisors or Foremen or others not included in the bargaining unit who perform
bargaining unit work as prohibited in this Article shall be in violation of the
Agreement.
23
ARTICLE 39
PENSION
The Employer shall contribute the sum each month in accordance with the schedule
set forth in part (a) herein below for each employee who has worked or reported
for work on one (1) day of such calendar month.
Such contributions shall be remitted to said Fund not later than the fifteenth(
15th) of each month for that month thereafter for the life of this Agreement and
continuing. To be eligible for Pension contributions an employee must have one
(1) full year of service with the company.
Effective beginning December 1, 2000 - $60.00 per month per member.
Effective beginning December 1, 2001 - $65.00 per month per member.
Effective beginning December 1, 2002 - $70.00 per month per member
Contributions shall continue to be made by the Employer for one (1) full
calendar month after the actual month of layoff.
Contributions shall continue to be made by the Employer for a period of one full
calendar month following the month in which sickness or accident occurs for
employees who are on sick leave or workman's compensation.
All remittances to the Fund shall be in manner described by the Fund, and
failure on the part of the Employer to comply shall be considered a violation of
this Agreement and shall permit the Union to take any action including strike
action after seventy-two (72) hours notice to the Employer of such intended
action, unless the Employer shall comply within said period.
ARTICLE 40
PLANT RULES
Section 40.01
The Union recognizes that it is necessary for the Employer to issue and post
rules from time to time governing the conduct of employees and that it is the
duty of each employee to familiarize himself with such rules and regulations.
The Company shall have the right to post such rules and regulations provided
they are not in violation of this Agreement.
Section 40.02
No employee shall be required to produce a doctor's note until he or she has
been absent for three (3) or more days.
ARTICLE 41- WAGES
Effective December 1, 2000 through November 30, 2003 newly hired employees shall
be paid in accordance with the following procedure:
24
Section 41.01 Start Rate
Effective December 1, 1997 - $6.05 per hour, or $.15 above the minimum wage in
effect.
After receiving the applicable start rate for thirty (30) calendar days, such
employee will receive twenty cents ($.20) additional per hour. After completing
the probationary period, (Article 6, Section 6.01), such employee will receive
an additional twenty- five cents ($.25) per hour.
Thereafter, such employee will receive ten cents ($. 10) additional per hour for
each forty (40) days worked until such employee reaches the top job rate of
assembly worker.
The Employer reserves the right, in its discretion, to pay new hires at pay
rates higher than those set forth herein, but not to exceed the base rate of any
employee who is then currently employed and has completed the probationary
period. Such action will be taken only if the Employer determines that it is
unable to hire and/or retain qualified employees at the new hire rates set forth
herein.
Section 41.02 - Job class~/ications and top rates
A General Annual Wage Increase for all classifications covered for employees in
such classifications and the top job rates on the dates indicated are:
December 1, 2000 - Twenty Cents ($.20)
December 1, 2001 - Twenty-five Cents ($.25)
December 1, 2002 - Thirty Cents ($.30)
"Non-Rated" Job Classifications
Effective: 12/1/00 12/1/01 12/1/02
Asssembly Worker $9.85 10.10 10.40
"Rated" Job Classifications
Effective: 12/1/00 12/1/01 12/1/02
1. Form, Fill & Seal Operator $10.55 10.80 11.10
2. Carton Machine Operator $10.35 10.60 10.90
3. Carton Machine Loaders $10.15 10.40 10.70
4. Bartelt Pouch Fill Operator $10.55 10.80 11.10
5. Label Machine Operator $10.25 10.50 10.80
6. Filler Operator $10.25 10.50 10.80
7. Pump Placer $10.25 10.50 10.80
8. Overwrap/Shrmnkwrap .10.25 10.50 10.80
Effective: 12/1/00 12/1/01 12/1/02
9. Trimmer (Operator) $10.25 10.50 10.80
10.Secondary Heat Seal Feeder $10.25 10.50 10.80
11.LineLeader $11.00 11.25 11.55
12.Neck Bander Operator* $10.25 10.50 10.80
13.Truck Driver $11.40 11.65 11.95
14.Company Driver $11.05 11.30 11.60
15.Stock person $10.40 10.65 10.95.
16.Forkiift Operator $10.65 10.90 11.20
17.Slitter/Brown/Atlas Vac $10.30 10.55 10.85
18.Janitor/Matron $10.40 10.65 10.95
19.Auxiliary Line Checker * $10.15 10.40 10.70
* Classifications designated by asterisk will continue as rated jobs only
for so long as there are employees classified as of December 1, 2000 in
such positions. These employees will continue to receive all general
increases. However, the Company shall have no obligation to post or fill
vacancies in those classifications after December 1, 2000 with that work to
be assigned by the Company to any qualified employee who shall perform at
their own current rate of pay.
Section 41.03 Progression
Any employee who is currently paid at the top rate of his/her classification and
is assigned a higher rated classification in accordance with the Labor Agreement
shall receive the top rate of the classification to which they are assigned upon
completion of thirty (30) days worked in that new classification.
Any employee who is not currently paid at the top rate of his/her classification
and is assigned a higher rated classification in accordance with the Labor
Agreement shall receive an increase which shall equal the difference between the
top rate of his/her existing classification and upon completion of (30) days
worked in that new classification. Such employee shall then receive a
progression increase often cents ($.10) per hour each forty (40) days worked
until such employee reaches the top rate of his/her classification.
Any employee whose position was consolidated as a result of contract
negotiations, and not already at the highest rate of pay shall receive
progressive increases of ten cents ($.l0) per hour each forty (40) days worked
until such employee reaches the top rate of his/her classification.
Any employee who shall have completed the probationary period shall receive the
annual contract scale increases as they become effective in addition to any
progression increases he or she may be entitled to and receive in accordance
with this Section "C."
26
Section 41.05 Credit Union
The Employer agrees to payroll deductions for a credit union provided that it
shall be at no additional cost to the Employer.
ARTICLE 42
TERM OF AGREEMENT
This Agreement shall be in full force and effect from December 1,2000 to and
including November 30,2003, and shall continue thereafter from year to year
unless written notice of intention to change or modify by either part at least
sixty (60) days prior to November 30,2003, or the expiration of each contract
year thereafter.
IN WITNESS WHEREOF, the parties hereto have set forth their hands and seals this
2nd day of April, 2001.
For the Employer: For the Union:
WEST PHARMACEUTICALS TEAMSTERS LOCAL NO.35
Robert Harghesheimer, General Manager Gregory Lucici, President
Richard Burkeholder Daniel A. Kreisser,
Secretary-Treasurer