Exhibit 10:
AGREEMENT BETWEEN
THE L.E. SMITH GLASS COMPANY
MOUNT PLEASANT, PENNSYLVANIA
AND
THE AMERICAN FLINT GLASSWORKERS' UNION
LOCAL UNION # 102 AND # 537
EFFECTIVE
SEPTEMBER 7, 1998 TO AUGUST 31, 2001
PREAMBLE
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This agreement, made and entered into by and between the L.E. Smith Glass
Company and the American Flint Glassworkers' Union, A.F.L. & C.I.O., on behalf
of Local Unions # 102 and # 537 (hereinafter referred to as the Union) shall
be known as the General Agreement between said parties. This Agreement and
such supplemental provisions that may be later agreed to between said parties
shall constitute the complete Agreement between the Company and the Union and
shall apply to those employees, members of the Union and employed by the
Company, as per Article I of the Agreement.
ARTICLE 1 RECOGNITION
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The Company recognizes the Union as the sole and exclusive bargaining agency
for all hourly paid production and maintenance employees in the above
specified plant, except plant executives; office employees; technical staff
(including laboratory, engineering, and mechanical development); janitors who
clean the offices, rest rooms, cafeteria, showroom, and water fountains; plant
guards; salaried special and final inspectors; factory clerks (including
shipping and receiving clerks); foremen; and assistant foremen who have the
authority to recommend the hiring and discharging of production and
maintenance workers.
ARTICLE 2 INTENT AND PURPOSE
--------------------
Section 1 It is the intent and purpose of this Agreement to promote and
improve the relationship between the Company and the Union and to set forth
the basic rules regarding working conditions affecting employees covered by
this Agreement.
Section 2 In furtherance of this intention, the Company, through its
representatives, agrees to meet the Shop Committees representing The American
Flint Glassworkers' Union whenever necessity requires to discuss grievances
which may arise and the interpretation of terms of the contract. Such meetings
are to suit the reasonable convenience of both parties, but either party may
demand that such a meeting be held within five (5) days from the date of the
request in accordance with the Grievance Procedure. The Company or the Union
may require a written statement listing the subjects to be discussed.
Section 3 The right of the employer to choose any new employees is hereby
acknowledged. In the event of the employer being unable to secure competent
glassworkers, the management shall request the factory committee to supply
competent glassworkers as soon as possible.
ARTICLE 3 UNION SHOP
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Section 1 The Labor-Management Relationship Act of 1947, having been
compiled with and the Company having received notice from the Union
Negotiating Committee which makes this Agreement, that a substantial majority
of the employees covered by this Agreement desire that union membership be
made a condition of employment, the following Union Shop clause is adopted:
It is a continuing condition of employment that all employees engaged in the
performance of work covered by this contract shall, on and after the sixtieth
(60th) day of employment or sixty (60) days after the effective date of this
contract or sixty (60) days after it is signed, whichever is later, become and
remain members of the Union in good standing during the life of the contract
subject to the provisions of Section 8 (a) (3) of the Labor Management
Relations Act of 1947 as amended.
The Union, when notifying the Company that an employee is not in good standing
in the Union, shall do so in writing and state the reason therefore. If the
reason is the failure to tender the regular initiation fees and/or membership
dues required by the Union, the employer, if requested by the Union, shall
discharge such employee within two (2) weeks unless he is reinstated in the
Union within that time or otherwise entitled to employment under the
provisions of existing State or Federal Laws.
The first sixty (60) days of employment will be probationary; however,
provisions of this contract will apply to new employees with regard to all
matters except that the discharge of a new employee unsatisfactory to the
Company during this sixty (60) day probationary period shall not be a matter
for grievance.
The sixty (60) day clause, referred to above, is not applicable to a call
back from a temporary layoff, if such person has previously worked for the
Company for a period of sixty (60) days or more. In case of a rehire, it will
be necessary for the employee to sign a new Union Dues Authorization Deduction
Card to authorize payroll deduction.
ARTICLE 4 CHECK-OFF OF UNION DUES
--------------------------
Section 1 The Company agrees to deduct regular Union membership dues from
the wages of those employees who are members of the Union and who so authorize
it by written assignment of their wages on a form provided by the Union and
acceptable to the Company.
Section 2 The assignments, once executed, shall be irrevocable for a
period of one year from the date of the execution or until the termination
date of this Agreement, whichever occurs first, but may continue in effect
thereafter unless revoked in accordance with the Labor-Management Relations
Act.
Section 3 The Union is responsible for forwarding the Union assessments
deduction authorization card to the Company office. No deductions for Union
assessments will be made by the Company until receipt of the assessments
deduction authorization card duly executed.
Section 4 It is mutually agreed between the Company, Local # 102, and
Local # 537 that the following rules will be followed when deducting Union
dues:
Dues will be credited to the appropriate Union, based on the job worked
Skilled or Industrial.
When one employee performs both Industrial jobs and Skilled jobs during the
same week, the entire dues will be credited to only one Union, based on the
most hours worked whether it be Skilled or Industrial.
ARTICLE 5 GRIEVANCE PROCEDURE
--------------------
The Union and the Company agree that if a dispute arises in the plant, it
shall be settled in the manner provided for in this article. Pending the
settlement of such matter, there shall be no change in working conditions;
that is, work shall be continued just as if no cause for a controversy had
arisen, and pending final settlement of the matter, there shall be no
lockouts, slow-downs, sit-downs, strike or cessation of work by either
employer, Union or employee.
If an employee has a grievance, he shall first confer with his Foreman for
adjustment of the matter.
If a satisfactory settlement is not made with the Foreman, the matter shall be
referred by the employee to the Shop Committee for investigation. If the Shop
Committee considers the grievance to be justified, it will confer with the
Foreman and Department Head.
Should no agreement be reached, the matter shall then be jointly presented to
the Department Head affected by the Shop Committee, the Personnel Director,
and the Foreman.
Should no agreement be reached, the matter shall be jointly presented to the
Plant Manager and/or his representative by the Union Committee, the Personnel
Director, and the Department Head affected.
Should no agreement be reached, the matter shall be referred by the Local
Union Officers to the International President, if circumstances warrant,
requesting that an International Officer be assigned to further process the
grievance with the Plant Manager and such Company representatives as he
desires to have participate.
Should no agreement be reached, the matter shall be referred to the National
President of the American Flint Glassworkers' Union and the proper executives
of the company for consideration.
If no agreement is reached through the above steps, the matter may be referred
to arbitration in the following manner:
If the Union and the Company do not agree on an arbitrator to settle the
grievance, he shall be chosen from a list of nine arbitrators proposed by the
American Arbitration Association. The Director of Labor Relations of the
company, or his designated representative, shall alternately strike one name
from the list of nine until only one name remains. The right to strike the
first name shall be determined by lot.
ARTICLE 6 UNION RESPONSIBILITIES
-----------------------
Section 1 Recognizing that the welfare of its members and the
opportunities to earn a living depend upon the success and prosperity of the
Company, the Union hereby pledges for itself and all its members (the
employees of the Company) that they will perform their work efficiently and to
the best of their ability to the end that the Company may adequately meet
competitive conditions and maintain maximum employment.
Section 2 The Union further pledges for itself and its members that they
will fully cooperate in the following: The reduction of shrinkages of all
kinds; the saving of materials, tools, machinery, equipment, and all the
Company property by means of careful handling and use, minimizing breakage and
losses of any kind caused by careless handling; maintaining a high standard of
quality in all products through efficient and careful workmanship; aiding in
the enforcement of all safety, good housekeeping and health measures; and
cooperating to the best interests of the Union and the Company.
Section 3 The Company will provide bulletin board space for exclusive
Union business, with the understanding that the Union shall post no notices
elsewhere on Company property.
Section 4 In case of sickness or inability to work, the employee shall
make every reasonable effort to notify his Foreman as far as possible prior to
the time to go to work.
ARTICLE 7 MANAGEMENT RESPONSIBILITIES
----------------------------
Section 1 The Company is responsible, as the Union recognizes, for the
management and operation of the plant, direction, order, and discipline of the
working forces; and it agrees that the Company may hire, promote, transfer,
layoff for lack of work, and suspend or discharge employees for proper causes
provided that no action so taken shall be in violation of any other provision
of this Agreement and that the Company shall not use this right for the
purpose of discrimination against any employee because of his or her
membership or legitimate activity in the Union.
Section 2 Nothing in the above paragraph shall be construed so as to
prevent the Management from discharging employees on sight and without notice
for intoxication, disorderly conduct, refusal to carry out proper orders,
carelessness, endangering life or property, or for the violation of Plant
Rules made a part hereof. However, should the Union disagree with any decision
rendered by the Company with regard to the above rules, it shall become a
matter of grievance and processed accordingly.
Section 3 The Management shall endeavor to establish work schedules and
starting and quitting times that are mutually satisfactory to both the Company
and the employees. The Shop Committee affected shall be notified in advance of
any changes in schedules involving other days of the week not previously
worked or changes in starting and quitting times.
Note: Nothing in this section shall be construed to supersede rules outlined
in Department Supplements.
ARTICLE 8 NO DISCRIMINATION
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There shall be no discrimination on the part of either Company or Union on
account of age, race, color, sex, national origin, or religious belief of any
employees.
This contract will also be administered in accordance with applicable laws
preventing discrimination as to qualified handicapped individuals and as to
qualified disabled veterans of the Vietnam era.
ARTICLE 9 HOLIDAYS
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The following days shall be recognized as holidays:
New Year's 36 Hour Period
(7 p.m. December 31 to 7 a.m. January 2)
Memorial Day 24 Hour Period
(7 a.m. Memorial Day to 7 a.m. the following day)
July 4th 24 Hour Period
(7 a.m. July 4 to 7 a.m. July 5)
Labor Day 24 Hour Period
(7 a.m. Monday to 7 a.m. Tuesday)
Good Friday 24 Hour Period
(7 a.m. Friday to 7 a.m. Saturday)
Easter Monday 24 Hour Period
(7 a.m. Monday to 7 a.m. the following day)
Thanksgiving & Day After 48 Hour Period
(7 a.m. Thursday to 7 a.m. Saturday)
Day before Christmas 24 Hour Period
(7 a.m. December 24 to 7 a.m. December 25)
Christmas 24 Hour Period
(7 a.m. December 25 to 7 a.m. December 26)
When any of the previous named holidays occur on Sunday, the following Monday
shall be observed as the holiday, and the actual holiday (Sunday) will be
considered as a regular Sunday and will not be considered a holiday.
A paid holiday shall be paid at the rate the employee worked at the last
scheduled day before the holiday. If the employee worked at a different rate
after lunch than before, an average of the two rates shall be used.
PAID HOLIDAY QUALIFYING RULES
-----------------------------
All full-time employees who have been on the manufacturer's payroll
continuously for sixty (60) days shall be paid for one regular shift, not to
exceed eight hours, at their hourly rate of pay for each of the presently
recognized nine paid holidays when no work is performed. Effective September
7, 1998, the rate of Holiday Pay shall be increased in accordance with the
ratio of Excess Earnings to Gross Pay (All Monies Earned) with a minimum of a
10% increase.
Qualifying rules are as follows:
Must have worked during the 15 calendar days next preceding the holiday or
during the 15 calendar days next following the holiday, and
Must work or be available to work on his last regularly scheduled working day
before the holiday and on his first regularly scheduled working day after the
holiday.
The Company will consider sickness with a doctor's excuse as a non-scheduled
work day in regards to the qualification of the day before or the day after
--
the holiday.
It is recognized that both the Union and the Company realize that there must
be some guidelines controlling holiday pay and that an employee must work his
full scheduled day before and after the holiday. However, certain
circumstances may warrant an employee not working the full scheduled day
before and after the holiday and still be considered for holiday pay.
If an employee must leave work because of illness or an emergency during
either of these work days, he or she must report the exact reason to his
Foreman or other responsible management personnel. In case of illness, the
Company reserves the right to send the employee to the doctor at that time, or
in the case of night shift, at the earliest possible time to determine the
extent and nature of illness. If the doctor confirms illness, the employee
will be paid. If the employee does not make himself available or does not go
to the doctor upon request, he or she will not be paid.
Employees normally scheduled to work on a holiday, such as Furnacemen and
Tankmen, must work as scheduled in order to qualify for holiday pay.
If a Tankman is not scheduled to work on a holiday, the employee will qualify
for an eight hour add-on for the holiday provided that all other qualifying
rules are met.
When a holiday falls on Saturday, it shall be paid for whether the employee
would be scheduled to work or not, subject to the qualifying rules.
No payment will be made for holidays not worked to employees on sick leave,
leave of absence for any reason, furlough, or on layoff except as otherwise
provided herein.
The recognized nine (9) paid holidays are:
New Year's
Good Friday
Easter Monday
Memorial Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Day before Christmas
Christmas
In cases where it is necessary and when work is performed on any of the above
holidays, time and one-half plus holiday pay shall be paid.
ARTICLE 10 SHIFT DIFFERENTIAL
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The Second Shift shall be paid a differential of 15 cents per hour. The Third
Shift shall be paid a differential of 20 cents per hour which is applicable to
producing labor (shops). The above amounts are not reflected in computation of
other premium time, vacation (unless worked), or other similar payments except
as required by law.
ARTICLE 11 PAY DAY
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Section 1 Workers shall receive a check covering their earnings in full
(less authorized deductions) every week and shall be paid within one week
after the close of the payroll period.
Section 2 When the Pay Day falls on a Holiday, the Company shall
distribute the checks on the preceding day, if possible.
ARTICLE 12 MERIT WAGE ADJUSTMENTS
------------------------
Nothing in this contract shall be construed to prevent the Company from giving
increased compensation to employees of particular merit or to those deserving
an increase or promotion or who are promoted during the period that this
contract covers.
ARTICLE 13 INVALIDITY
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In the event any of the terms or provisions of this Agreement shall be or
become invalid or unenforceable by reason of any Federal or State Law,
directive order, rule or regulation now existing or hereinafter enacted or
issued, or any decision of court of last resort, such invalidity or
unenforceability shall not affect or impair any other terms or provisions
hereof.
ARTICLE 14 FULL POWER
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The American Flint Glassworkers' Union A.F.L.-C.I.O., represents to the
Company that the officers and/or representatives who sign this Agreement in
its name have full power and authority to make this Agreement on behalf of the
Union and the employees of the Company (members of Local Union # 102 and #
537).
ARTICLE 15 WAGES
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All existing hourly rates in effect will be increased as shown below:
Sept. 7, 1998 Sept. 6, 1999 Sept. 4, 2000
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All Hourly Rates 50 cents /hr. 40 cents /hr. 40 cents /hr.
Skill Adjustment 50 cents /hr. 50 cents /hr. 50 cents/hr.
(Pressers, Gatherers, Finishers)
Skill Adjustment 25 cents /hr.
(Maintenance Dept.)
Such rates are to be reflected in piece work and incentive.
New Hires Non-Skilled
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All non-skilled employees hired on or after September 7, 1998, shall be paid
as follows:
First 6 months -- $1.00/hr. less than normal rate
After 6 months -- $ .50/hr. less than normal rate
After 1 year Full rate.
All other employees currently on payroll receive full rate.
Any former employees who are rehired and have a minimum of TWO (2) years
previous service shall be paid the full job rate immediately upon rehire. Any
former employees who are rehired and have less than TWO (2) years previous
service shall be given credit for such previous service toward the full job
rate and will be paid the full job rate when the length of such previous
service plus subsequent service equals TWO (2) years.
Severance Pay
--------------
The Company proposes severance pay in the event the plant closes down on a
total and permanent basis as defined under the federal plant closing
regulation. Severance pay would be payable on the following schedule:
0-4 years 0
5-15 years 4 weeks
16-25 years 8 weeks
over 25 years 12 weeks
To qualify for severance pay, employees must work 400 hours within the
previous TWELVE (12) months.
ARTICLE 16 VACATION WITH PAY
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Section 1 Eligibility. All hourly paid employees who, during the life of
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the contract, worked 400 hours or more per year between January 1 and December
31 are eligible for a vacation with pay in line with the following provisions
and schedule:
Vacation Pay Members of Local # 102 and # 537.
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Years Service Days Vacation
1 year or more 5 days (40 hours)
5 years or more 10 days (80 hours)
10 years or more 15 days (120 hours)
20 years or more 20 days (160 hours)
Effective with vacations earned in 1998 and paid in 1999, the rate of Vacation
Pay shall be increased in accordance with the ratio of Excess Earnings to
Gross Pay (All Monies Earned) with a minimum of a 10% increase.
Local # 102 Only
---------------------
The base rate for vacation pay will be determined by the base rate worked more
than 50% of the time during the month of October the previous year. The base
rates referred to above are the rates in force at the time the vacation is
taken, the October reference intended only to set the type of rates. Under no
circumstances will the rate be less than Medium Shop. The normal Power Press
Operator and Gatherer will receive Shades over 12 inches Dia. base rate for
vacation pay.
General Provisions Partial Vacations
-------------------------------------------
Any employee who has been continuously employed by the company for a period of
time as specified by the qualifying rules and who has worked more than four
hundred (400) hours but less than one thousand (1000) hours during the
qualifying year shall receive Vacation With Pay on the basis of the true
percentage of the hours worked as compared to 1000 hours. Any employee who has
worked 1000 hours or more shall receive one full week's pay for each week
entitled.
Section 2 Quit or Discharged. Where a person's service with the Company is
-------------------
severed by a quit or discharge and on furlough or leave of absence, he
automatically begins a new service record insofar as the vacation plan is
concerned, provided he is later rehired or returns to his job.
Section 3 Illness. Time lost by employees due to accidents in the plant
--------
with such accident being recognized by the State Workman's Insurance Fund will
count as time worked not to exceed a twelve-month period.
Section 4 Vacation Schedules. The plant will be closed down the first
-------------------
week in July or Fourth of July Week and all employees will take their first
week's vacation, and the second (2nd) week may be taken between the last
Saturday in June until the last Saturday in September with the understanding
that not more than one-fourth (1/4) of the employees shall be off at one time
or arrangements can be made by your Supervisor after considering the wishes of
each employee and the best operation of the plant. However, if or when it
occurs during the time the plant is shutdown for repairs or inventory, all
employees who are eligible for two weeks vacation with pay must take their
second week's vacation at that time.
Section 5 Vacation Pay. The first and second weeks of vacation pay, when
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earned and due, will be paid to the employees on the Friday preceding
vacation.
Vacation pay is subject to withholding tax and social security tax or any
other tax in effect at the time of payment.
Section 6 Any employee who has been called in the Armed Forces and who has
worked the required number of hours during the period covered by this contract
will be eligible for vacation pay in accordance with the foregoing eligibility
rules.
Section 7 American Flint Glassworkers' Union National Executive and
Elected Delegates to the Annual or Biannual American Flint Glassworkers' Union
National Convention shall be given credit as time worked for vacation
purposes, the time lost from work due to attendance at said Convention and
Annual General Wage Conferences.
Section 8 Paid Vacation Hours. Non-worked hours paid for under Company
--------------------
policy at base rate for holiday, vacation, funeral leave, and jury duty will
be credited as hours worked for calculating vacation earned.
Section 9 For the third and fourth week of vacation, Management has the
right to limit the number of employees off in any one week to what, in
Management's opinion, maintains proper continuity of operations. The fourth
week vacation may be taken one day at a time with two weeks notice, except
during periods between July 15 and November 15. In cases where more employees
want off than is proper to maintain continuity of operations, Management will
consult with the individuals involved and attempt to provide vacations at
another time acceptable to the individual. If this is not possible, the
vacation will be assigned according to seniority.
If an employee is sick, the third and fourth week of vacation can be
taken a day at a time in lieu of lost time. Payroll must be notified of any
such request by the Monday following the week of absence for timely payment.
It is further understood and agreed that any employee who wishes to work
any portion of his vacation may do so if the Company requests it and agrees to
pay him his regular vacation pay in addition to pay for the time worked.
Section 10 Employees with one or more years of service who work the hours
necessary to qualify for a vacation period will receive vacation pay. In case
of death, payment will be made to the insurance beneficiary last designated
under the Company's group insurance plan or, in the absence of such
designation, to the proper heir as determined by the Company's legal counsel.
Any employee who quits after qualifying under the provision of the vacation
plan shall be paid vacation pay earned.
ARTICLE 17 REST PERIODS
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Rest periods shall be as follows in the Hot Metal Department, applied to
operating personnel only:
The Company will provide relief for a thirty (30) minute unpaid lunch period
between the hours of 10:30 a.m. and 1:30 p.m. on the first shift and 7:00 p.m.
and 10:00 p.m. on the second shift. Also during the scheduled lunch periods,
the Company will provide required relief so that employees will not work more
than one hour without a ten-minute relief. During all other scheduled hours,
the Company will provide twelve minutes of relief during each hour.
During the period beginning May 15 and ending September 15, the Company will
provide 15 minutes of relief during each hour. If this additional relief time
is cause for losing any shops, the Hot End Committee shall be consulted for
any possible solution. If none is available, breaks shall revert back to 12
minutes.
ARTICLE 18 HOSPITALIZATION AND LIFE INSURANCE
-------------------------------------
The Company shall establish and maintain a comprehensive Group
Hospitalization, Life Insurance, and Weekly Accident Sickness Health Program
for all covered employees.
The Company shall be responsible for the administration of the Program.
Hospitalization
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Coverage will remain the same as present.
Employee is responsible for 15% of the payment.
Company is responsible for 85% of the payment.
Company agrees to absorb price increase for the first year of contract. The
first year's increased rate would be effective during the second year of
contract. The rates for the third year of the contract are projected and
agreed to although they may not necessarily meet the 85% - 15% criteria as
specified above.
Employee payments are in accordance with the following schedule:
Effective Effective Effective
9-1-98 9-1-99 9-1-00
Family $52.10 54.39 60.00
Husband & Wife $49.77 52.01 57.00
Parent Child $45.50* 47.70 52.20
Single $21.37 22.34 24.60
* Employees presently in the special rate category shall continue to pay that
rate for the first year of contract only.
Dental Coverage
- ----------------
Individual Employee Two Person Employee Family Employee
Coverage Pays 15% Coverage Pays Coverage Pays
Upgraded Plan:
$18.05 2.71 36.10 20.76 53.32 37.98
Eyecare Coverage
- -----------------
Individual Employee Two Person Employee Family Employee
Coverage Pays 15% Coverage Pays Coverage Pays
$2.82 .42 5.64 3.24 7.90 5.50
Life Insurance
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Life Insurance Accident & Sickness Employee Cost
$30,000 13 weeks @ $180.00/wk. $4.16/mo.
New Hires Effective September 7, 1998
----------
Newly hired employees shall be offered full benefits after attaining sixty
(60) days of company service.
ARTICLE 19 FUNERAL LEAVE
--------------
In case of the death of a spouse, child, or step-child, an eligible employee
shall be paid for regular scheduled time lost through the third day after
interment, not in excess of five (5) eight-hour shifts at his or her regular
base wage rate.
In order for an eligible employee to attend the funeral of a parent,
step-parent, brother, or sister, the employee shall be paid for regular
scheduled time lost through the day after interment, not in excess of three
(3) eight-hour shifts at his or her regular base wage rate.
If an employee's grandparent, grandchild, mother-in-law, or father-in-law
should die, the employee may be absent on the day of the funeral to attend the
funeral and shall be paid for regular scheduled time lost not in excess of
eight (8) hours at his regular base wage rate.
In order for an employee to be eligible, he or she must be a full-time
employee who has been on the manufacturer's payroll continuously for sixty
(60) days.
ARTICLE 20 RETIREMENT
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Employees shall be subject to mandatory retirement according to current
federal law.
Employees will become eligible to participate in a 401-K Retirement Savings
Plan on the first day of the month following completion of sixty (60) days'
service and attainment of age 18.
There will be no cap on hours worked toward 401-K.
Company will contribute to each participant in the 401-K Retirement Savings
Plan on the following basis:
Effective September 7, 1998:
Less than 10 years service - twenty (20) cents per actual hours worked.
Service of 10 years and over - thirty (30) cents per actual hours worked.
ARTICLE 21 JURY DUTY
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Employees shall be paid the difference between eight (8) times their regular
hourly base wage rate and the payment they receive for Jury Duty for a maximum
of ten (10) working days each calendar year, subject to the following
requirements:
Payment will be made only for Service on a Petit Jury in Federal, State, or
County Court and the employee must notify the Company within forty-eight (48)
hours after receipt of summons.
The employee must present to the Company proof of Jury Duty and the amount of
pay received thereof.
This provision shall not apply where an employee voluntarily seeks Jury
service, and the Company reserves the right to request that an employee be
excused from Jury Duty.
Employees who are excused from Jury Duty before 12:00 noon shall be required
to report for work for the full shift should they be employed on the Second or
Third Shifts.
Hours on Jury Duty will not be counted in computing overtime.
ARTICLE 22 LOST TIME
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It is mutually agreed between the Company and the Union that any lost time of
fifteen (15) minutes or more at the start of a turn or duration of the turn,
for any of the reasons shown below, will be compensated for at the hourly rate
of each job, providing that the four (4) hour skilled move is packed:
Applicable reasons for lost time of 15 minutes or more are as follows:
Delay in setting in press. A press is considered ready when set in, leveled,
and the air hooked up.
Glass not ready to work in day tanks due to excessive melting time. Delay time
will end when molds are taken out of mold oven.
Defective mold equipment that requires repair prior to starting the turn or
during the duration of the turn. Delay will end when mold equipment is
delivered back to the press.
Glory holes, glaziers, and sputniks not set in at start of turn or the
duration of the turn. Delay ends when such equipment is set in place and shop
can begin making ware.
If cold molds are used due to a schedule change at the start of a turn or the
duration of the turn, delay time will be allowed to heat up molds. This
applies only to molds that come directly from storage instead of the mold
oven.
Job changes at any time during the turn.
The Foreman on each shift will be responsible for determining the amount of
lost time in accordance with this agreement.
ARTICLE 23 LOST TIME DUE TO ON-THE-JOB ACCIDENTS
------------------------------------------
When an employee is involved in an accident on the job and requires medical
aid from a doctor, the Company will pay at the hourly rate worked from any
lost time on the day of the accident. Such lost time must be authorized by the
examining doctor.
ARTICLE 24 HOSPITALIZATION RATES FOR EMPLOYEES AWAY FROM WORK
--------------------------------------------------------
It is mutually agreed between the Company and the Locals # 102 and # 537 that
employees can be charged the full rate for hospitalization after six (6)
months of continuous layoff. If an employee is unable to pay the required
premium, the coverage will be terminated. If coverage is terminated, it can be
reinstated only when the employee is called back to work.
If an employee is called back to work from layoff status and does not return,
all benefits will be terminated.
After 30 months away from work, employees on worker's compensation or off due
to sickness can be charged the full rate for hospitalization insurance. If the
employee is unable to pay the required premium, the coverage will be
terminated.
ARTICLE 25 SECONDS AND STONES
--------------------
All seconds selected over the move and kept to be sold in the Company Store or
other outlets shall be paid for at 50% of that paid for first quality ware.
In cases where the move is not met with first quality ware, any seconds will
be counted the same as first quality ware up to the move for pay purposes.
ARTICLE 26 GATHERERS
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It is mutually agreed between the Company and the Locals # 102 and # 537 that
non-card Gatherers will be assigned to shops based on overall past performance
of ability and dependability as determined by the Foreman.
SECTION 27 GENERAL
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Any employee in this department caught throwing any article or in any way
molesting another employee or willfully destroying Company property will be
subject to discharge.
Employees are expected to be familiar with the Rules and Regulations as
provided in this contract and any supplemental agreement mutually agreed upon.
This contract provides the procedure by which complaints or grievances of
employers or employees are to be handled. We will recognize and follow it, and
we expect all members of the American Flint Glassworkers' Union to do the
same.
Any employee caught stealing or destroying Company property is subject to
immediate dismissal.
The Company reserves the right to handle, in the following manner, employees
who break department rules: fail to follow instructions or in any way fail to
live up to any written agreement. For the first offense, employee shall be
given a warning slip. For the second offense, employee shall be given a second
slip and may be laid off a maximum of five (5) operating days. The third
offense may mean dismissal of employee. These slips shall be made out in
triplicate, one copy to be given the employee, one to the Union, and one
retained by the Company. These slips shall contain the infraction of rules,
instructions, or contract involved and shall be signed by the employee's
immediate Foreman and at least one of the Company officials. If there is any
discussion concerning a slip, it must be made within 24 hours of the time the
employee and Union are handed the slips. When a slip is issued and the
employee has a clean record for a period of one (1) year, Management will
withdraw the slip.
No Agreement shall be changed or new Agreement made without mutual consent of
the Union and the Company.
ARTICLE 28 NO MALE/FEMALE WAGE DIFFERENTIAL
-----------------------------------
Whenever there is a reference to the masculine or feminine gender in this
Agreement, such reference is used solely for the convenience of the draftsman
and, in all cases, use of the masculine or feminine gender is intended to
refer to employees of either sex. There will be no difference in rates of pay
for males and females who do equal work on jobs, the performance of which
requires equal skill, effort, and responsibility and which are performed under
similar working conditions.
ARTICLE 29 LEAVES OF ABSENCE
-------------------
Upon written application, Leaves of Absence for good cause may be granted
employees. Such leave shall be in writing and approved by the Plant Manager. A
copy will be given to the Union. Employees who do not return at the expiration
date or who engage in other employment while on leave shall be deemed to have
quit.
Maternity Disability
---------------------
Maternity disability leave shall be treated the same as all other
non-occupational medical disability leaves. Hospital and medical benefits will
be paid the same as for any other disability.
Weekly sickness and accident benefits will only be paid to employees who
commence their maternity disability leaves when disabled , as established by
medical documentation approved by the Company or insurer, and it will only be
paid for the actual disability period which, absent medical documentation
approved by the Company or insurer, will be presumed to cease no more than six
weeks following delivery or other termination of the pregnancy.
Employees who commence their maternity disability leaves when disabled and who
return to work within six (6) weeks after delivery or other termination of the
pregnancy (or whose disability period after delivery or other pregnancy
termination is extended on the basis of Company approved medical
documentation) will be guaranteed reinstatement to their former job
classification or those of like pay and status, provided they would otherwise
be entitled to work.
Any employee who:
commences her maternity leave before she is disabled, or
fails to return to work within six (6) weeks after delivery (or whose
disability period after delivery is not extended on the basis of Company
approved medical documentation), or
fails to return to work within a reasonable recovery period after a
miscarriage or other termination of pregnancy
will be considered a voluntary quit with no entitlement to reinstatement to
her former job classification or one of like pay and status.
Any dispute that may develop over this policy is subject to the Grievance
Procedure.
ARTICLE 30 PREMIUM TIME
-------------
Section 1 The Company agrees to pay time and one-half for the following:
All hours of work in excess of eight (8) hours during any one workday.
All hours of work during the designated 24-hour Sunday period.
All hours of work in excess of 40 hours in any week.
Tank Tenders' holiday add-on pay for holiday hours not worked shall not be
counted as time worked in figuring premium time under paragraph C above.
Section 2 There shall be no duplication of pyramiding of premium time or
overtime. Exception: Holiday hours Monday through Friday paid for but not
worked shall be counted as time worked in figuring premium time under
paragraph C above.
Saturday holiday hours will not be counted as time worked in figuring weekly
overtime.
Section 3 The working of overtime shall be mutually acceptable to the
individual employee and the Company. That is: The Company cannot require an
employee to work overtime nor can an employee demand the Company to give him
overtime.
Section 4 A 10 cents per hour Premium will be paid for all hours worked on
Sunday. This is to be a straight 10 cents per hour add-on and will not be
computed in calculation of overtime payments or bonus earnings.
Section 5 An employee who is called to work after leaving the factory will
be given an opportunity to earn at least four (4) hours' pay at his regular
base rate. If the employee chooses to return home after completing the task
for which he was called, he shall be paid for the time worked, with a minimum
of two (2) hours' pay at his regular base rate. It is understood that if a
greater amount of earnings would result from application of any of the
overtime provisions of the contract to the time worked, the employee will be
paid the greater amount. Such minimum guarantees do not apply in case of work
immediately prior to the employee's scheduled shift.
Section 6 When weather conditions indicate the need for heat within the
plant, the Company will make every possible effort to adjust the temperature,
making it possible for all employees to work in comfort.
ARTICLE 31 GENERAL RULES LOCAL #537 AND LOCAL #102
-------------------------------------------------
Section 1 Working hours in the Cold Metal Department are from 7:00 a.m. to
3:30 p.m. on the First Shift and from 3:30 p.m. to 12:00 midnight on the
Second Shift. Hours in the Hot Metal Department are from 7:00 a.m. to 3:30
p.m. on the First Shift and 3:30 p.m. to 12:00 midnight on the Second Shift.
Section 2 All employees on the time clock must punch their own card, it
being a violation of the Federal Wage and Hour Law for one employee to punch
another employee's time card.
Section 3 Employees from one department are not allowed in another
department unless in the performance of their duties or with permission from
their Foreman.
Section 4 Tank Tenders. Tank Tenders will work a three (3) shift, twenty
-------------
(20) week rotating schedule. Tank Tenders' work schedule will begin on Sunday
(11:00 p.m. Saturday night) instead of Monday.
This change will result in Saturday work at time and one-half if it is the
sixth day of the week and all other qualifying rules for overtime are met. The
schedule repeats itself every twenty (20) weeks, and each employee will have
had a sixth work day fall on Saturday five times during this period.
Tank Tenders are to understand that they have responsibility for all phases of
the operation of all melting units as assigned by the Foreman and the
practices which are consistent with proper melting and tank operations.
Section 5 Turning Out. All turning out jobs will be advertised, and each
-----------
shop assigned a permanent Turning Out employee who cannot be bumped unless
there is a temporary or permanent reduction in forces in Local # 537. A
temporary reduction in forces is any layoff lasting more than one (1) week.
Job rights for turning out will be governed as follows:
If either a permanent or temporary cutback occurs, a permanent Turning Out
employee can be bumped by another employee holding more seniority only if
there is no other work available. If bumping does occur, the youngest Turning
Out employee will be the first one bumped.
If a Presser retires and is replaced by a new Presser, the Turning Out
employee of the old shop will be considered as the permanent Turning Out
worker of the new shop.
If a Presser retires and is replaced by a Presser from another shift or shop,
seniority will rule in determining whether the retired Pressers Turning out
employee or the replacement Pressers previous Turning Out employee will be
considered as the permanent Turning Out employee of the new shop.
Turn Out employee on low shop shall receive the same base rate as the Glazer
and warming-in base rate on the low shop.
Section 6 Mould Cleaners
---------------
The mould cleaning room shall be manned as shown below unless the employee has
to be pulled to keep a shop working.
When running five (5) or more shops, two (2) persons will be assigned to the
mould cleaning operation.
When running four (4) or more shops (with a power press in operation), two (2)
persons will be assigned to the mold operation.
When running four (4) shops or less (no power press), the Company will
evaluate the work load and determine the crew size accordingly.
When working two (2) shifts, there shall be a Head Mould Cleaner and an
Assistant on each shift.
Section 7 Warming In Workers
--------------------
Warming In Workers will assist the Finisher on punch sets by drilling the
snaps when making plates. Whenever Management considers it necessary, the
Warming In Workers will also roll the snaps when making punch bowls.
Section 8 Labor Gang
-----------
Laborers will be set up on a permanent basis and cannot be bumped. In overtime
work, the laborers will have priority and if additional help is needed,
seniority in the Hot End will prevail.
Section 9 Base Rates of Pay
--------------------
Base rates for jobs not covered by the current base rate wage list shall be
set up by the Company after making a comparison with other jobs in the plant
and by giving proper weight to skill, effort, responsibility, and job
conditions. In any instance where the Union feels the rate to be in error, the
matter shall be subject to the Grievance Procedure, and if subsequently it is
found that a correction should be made in a new base rate, such adjustment
shall be retroactive to the date of the written protest but in no event before
the effective date of the contract.
Where inequalities or inequities in base rates exist or arise, adjustments may
be made by the Union and the Company.
Section 10 Seniority Local #537
--------------------------
For the purpose of determining layoffs and other factors surrounding
seniority, there shall be two recognized departments: namely, Hot Metal and
Cold Metal. The Hot Metal Department embraces those operations in the
production of ware in what is commonly known as the Hot End. The Cold Metal
Department embraces all operations other than those done in the Hot End.
When work becomes slack, the available work shall be delegated to the employee
having most seniority with the Company within their respective departments
providing they are physically fit and competent through knowledge, training,
skill, and efficiency to perform the available work.
New workers shall not be hired in any department while regular (Union) workers
of that department are laid off.
The seniority of an employee shall start when he or she starts to work in the
department to which he or she is assigned.
An employee's service and seniority shall be cancelled after a layoff of two
(2) years.
Restoration of Service A former employee who has two (2) or more years of
- ------------------------
continuous service with the Company and who has been or is re-employed by the
Company shall be given credit toward vacation for prior service with the
Company after he has been re-employed for a period of three (3) years.
Cold End Seniority Protection Agreement
- -------------------------------------------
Any person who has been on layoff continuously for a period of six (6) months
shall have bumping right on any job posted under the Seniority Protection
Agreement.
The jobs of Sawing (First and Second Shifts) and Grinding (First and Second
Shifts) are covered by this Agreement. All jobs posted in the future will be
looked at by the Company and the Union and if applicable will be subject to
this Agreement.
Anyone laid off shall have the right to bump onto lehr work with his full
seniority but must stay on lehr work until work becomes available on his
signed job. Such bumping will be limited to full days and will not apply to
partial days.
If any questions arise concerning the qualifications of those bumping, the
Cold End Committee will be consulted to help solve the problem.
Members of the Union shall be given the preference of work over non-union
employees in conformity with conference agreements and understandings.
If an employee is asked by the Management to transfer from one department to
another and the transfer is made, he or she shall retain his seniority rights
in his former department for ninety (90) days.
In the event a shop is off, the senior employee in that department employed on
said shop shall be entitled to work before employees who are new or have less
seniority.
All open jobs are to be listed for seven (7) days on the bulletin board for
publication so that all members will know of the opening and that the Foreman
and Committee shall give full consideration as to who shall be placed on the
job, said jobs having been left open for one week after publication for
discussion and consideration. After a trial period of one week, it shall be
agreed between Management and Committee as to whether the employee shall
remain on the job or return to his old job. Any person who passes up the
opportunity to take this job thereby forfeits any later claim to this
position.
In the restoration of forces if any employee fails to report to work within
seven (7) days after proper notification, he or she shall lose all seniority
rights.
The Company will post a list every six (6) months, showing the seniority of
all employees in both the Hot Metal and Cold Metal departments. The Union
Secretary shall provide a list of Union Officials and Committee Members.
In case an employee is drafted or enlists because he is eligible to be drafted
into Military Service in time of war or peace, he will retain his seniority,
providing he returns to work within ninety (90) days after he receives his
discharge.
The Company's records shall be final.
Section 11 Improved Methods. This department pledges for itself and all
-----------------
its members that it will cooperate in the introduction of advanced methods of
machine production so that the Company may adequately meet competitive
conditions and maintain employment.
Questions relating to Cold End Department operations, incentives, and
productivity will be referred to the Cold End Labor-Management Productivity
Committee comprised of no more than three Local # 537 employees, and if not
resolved, shall be a matter of the Grievance Procedure.
Section 12 Temporary Transfer
-------------------
Employees temporarily transferred to any other job paying a lower rate shall
be paid their regular rate if work is available for them on their regular job.
Employees transferred to a job paying a higher rate shall be paid the job rate
of the work performed.
Such temporary transfer or assignment of an employee to a lower rated job, at
the base rate of the high job, shall not constitute a change in rate for the
lower rated job.
Section 13 Reporting For Work Pay
-------------------------
Any worker holding a regular position, reporting for work at his usual time,
will be guaranteed at least four (4) hours' pay for four (4) hours' work at
this regular rate, unless he has been instructed not to report. This policy
will not apply during floods, fires, tornadoes, power or fuel failures,
machine breakdowns, or other emergencies beyond Company control. Any service
call shall be for not less than four (4) hours' pay.
The Company assumes no responsibility for individuals appearing in the hope or
expectation that work may be available.
Section 14 Gloves
------
All employees handling hot, sharp, or any tool or article that may be
injurious to the hands shall be furnished with gloves.
New gloves are to be issued upon return of the old and worn-out gloves.
Section 15 First Aid. Although every possible effort has been made to aid
----------
in accident cases, we feel that adequate space should be made where
cleanliness could be maintained and in case of serious accidents, employees
injured could be placed or moved where first aid could be rendered with
readiness and cleanliness.
Section 16 Sample Room. The job of the employee who packs samples,
-------------
less-than-carton lots and odds-and-ends orders will be advertised according to
our present written Agreement for advertising jobs which become open. When an
employee has been assigned the job according to the above Agreement, no
employee can bump that worker so long as the assigned employee wants the job.
It is understood that if there is not enough work available for a complete
day, this employee can complete the day by assignment to any work available.
If the worker is caught up with available sample room work, this employee will
not be called out until at least part of a day is available or is eligible for
work according to general seniority.
Section 17 Etching Room. The Company will provide x-rays to all
--------------
permanently assigned and regularly scheduled etching room employees according
to applicable law.
Section 18 Miscellaneous Workers Skilled Cards. Miscellaneous workers who
------------------------------------
get skilled cards will be given protection on their miscellaneous seniority
for a period of four (4) years from the date of their skilled card. If a
cutback in operations should be necessary during the four (4) year period, the
worker will be permitted to do miscellaneous work according to his seniority.
It is not the intent of this Agreement to permit employees with skilled cards
to get overtime on miscellaneous work.
Section 19 Tank Tender Trainee. When a Tank Tender is needed to be trained
--------------------
as a future Tank Tender replacement and for emergency use, the job will be
advertised and awarded based on workmanship and seniority.
The individual selected can sign for other job openings, but when a Tank
Tender is needed in an emergency or on a full-time basis, this employee is
obligated to perform the tank tending job. If the selected employee is needed
on a full-time basis, this individual will become a permanent Tank Tender and
relinquish all rights to other jobs held for a period of four (4) years.
A Tank Tender cannot be bumped.
Section 20 Industrial Workers - Shop Knockoffs. If a shop works three (3)
------------------------------------
hours or more on First or Second Shift and is knocked off by the Foreman due
to no fault of the shop, the industrial workers will receive four (4) hours'
pay.
The usual shift differential on all shifts will continue to be paid on a
proportionate basis as in the past based on the number of hours worked.
Section 21 Cold End Incentive. All incentive jobs in the Cold End will be
-------------------
paid for by the job and not averaged by the day or half day if proper and
accurate times can be recorded for each job. When accurate times cannot or are
not recorded, incentives will continue to be based on the average for the full
day or half day as is presently done.
This is subject to mutually resolving the proper and accurate recording of
times on each job by the lehr tenders and associated relief people.
Section 22 Spray Decorating in Hot End. It is mutually agreed between the
----------------------------
Company and Local # 537 that the job of Spray Decorating in the Hot End be
handled as follows:
The job will be posted for Hot End employees only.
Rate is as per rate sheet.
Sprayer must work with the shops. If less than four (4) hours' spraying is
scheduled, the Sprayer must work where assigned by the Foreman for the balance
of the turn but will be paid the Sprayer's hourly rate. It is not the intent
of this Agreement to guarantee work if a shop knocks off.
Sprayer must spray when required by Supervision. When spraying is not
required, the Sprayer can bump any non-posted job based on seniority and
ability to do the job at the start of a turn.
The individual selected for the Sprayer position will relinquish rights to any
previously owned job after a 30-calendar-day trial period.
Section 23 Incentive Program. Incentive programs will be as per the
-------------------
various separate incentive agreements and Article 32, Section 11 of this
Contract.
Section 24 Hot End Relief. Hot End Relief shall receive 100% Participation
---------------
for incentive if breaks are given accordingly.
Section 25 Semi-Automatic Jobs
--------------------
Carried over to Big Glazier
Carry In and Carry Over - 100% Participation
Carry In Party Plates - 100 % Participation
Section 26 Straightener, Catch Out, Ring Lifter
----------------------------------------
The above jobs shall pay the same rate as Turn Out.
Section 27 UPS
---
The UPS job shall pay the same wages as Shipping.
ARTICLE 32 SUPPLEMENTARY AGREEMENT LOCAL # 102
---------------------------------------------
EXCLUDING MOULD MAKERS
------------------------
The following Agreement apples to those Union employees in the Pressed and
Blown Department of Local Union # 102 working at the L.E. Smith Glass Company
located at Mount Pleasant, Pennsylvania, and is a part of and supplementary to
the General Agreement entered into by and between the Company and the Union.
POWER PRESS GATHERERS
- -----------------------
All articles weighing six (6) pounds or over, up to seven and one-half (7 1/2)
pounds shall pay Pressers' rate and all articles measuring fifteen (15) inches
or over in diameter up to seven and one-half (7 1/2) pounds shall pay Pressers'
rate of pay.
If an item weighs 11 3/4 pounds or more, the Company agrees to pay Pressers'
wages to the first Gatherer and to use this weight limit as a guideline in
determining Gatherers' wages on future items where weight is the determining
factor. In no case where weight is the determining factor will the first
Gatherer receive Pressers' wages if the item weighs less than 11 3/4 pounds.
Two (2) Gatherers are required for jobs weighing seven (7) pounds or more.
It is mutually agreed between the Company and Local # 102 that the regular
Second Gatherer on the power press (crystal) must be capable of moving up to
First Gatherer when the regular First Gatherer is not available for work.
If single gathering jobs are scheduled on the power press and the regular
Gatherer is not available for work, the regular Second Gatherer will
automatically move in to fill that vacancy. Any refusal by the Second Gatherer
to temporarily move to First Gatherer will mean that the person involved has
given up his rights to be Second Gatherer.
GLOVES
- ------
The Company shall furnish the Pressers with one (1) pair of gloves every week,
and the Gatherers, Finishers, and Handlers one (1) pair every two (2) weeks.
The old gloves must be returned.
ROTARY PRESS
- -------------
All articles eight (8) inches and larger made on the rotary press will be made
at regular side lever press moves.
Repair Press. The Company agrees to repair all presses and put them into
- --------------
A-1 condition or in good working order so as to make a better production unit.
Also, the Company agrees to repair or replace wind pipes and air lines as
required.
Fans Cleaned. The Company agrees to keep the fans clean.
- --------------
Rest Rooms. The Company agrees to keep the rest rooms clean.
- ------------
Unity Head Maker. The Company agrees to have someone in at all times to make
- ------------------
punty heads, keep clay in order, and do whatever is necessary to make better
production.
Layoff Over One Month Local #102.If a layoff occurs, the Company shall
- ------------------------------------
meet with the Local and discuss the seniority plus qualification of those
individuals involved.
The Company agrees to stamp all cartons "Buy Union, American, Handmade
Glassware."
The Company agrees to sign all Local Agreements and list established sheets as
soon as possible and return them to the Secretary of the Local Union.
Moves and Incentives
- ----------------------
All semi-automatic moves will be 40% higher than side lever moves. The rate of
participation will be the same as side lever moves.
The rate of participation for incentive purposes shall be at the same rate as
in the previous contract.
Management will establish moves for all new items. Setting moves for new items
will be made so that a qualified operator shall have the expectance of
exceeding a standard by an average of 25%. The Company agrees that once a move
is set, it will not be raised for that same type operation. If additional
molds are used, normal increases in moves will apply.
All current moves will be reviewed and adjusted so that a qualified operator
shall have the expectancy of exceeding a standard by an average of 25%
Questions relating to moves may be taken to the Labor-Management Productivity
Committee comprised of not more than four (4) Local # 102 members, and if not
resolved, they shall be a matter for the Grievance Procedure.
Management agrees to furnish graphite and wax at Company expense where needed
as an aid to production as determined by the Foreman.
The Company will furnish gathering tools.
Wages
- -----
Machine Gatherers will be paid on the average of the Pressers' and Gatherers'
rate at 100% Participation.
There will be only two classifications for Hot End Production:
Medium Shop (minimum rate).
Shades Over 12 Diameter (maximum rate)
(Includes any items rated above Medium Shop.)
All Gatherers' rates will be the same as Finishers (except when Finisher is
upgraded for Rolled Edge Plates or any other upgrades.
Finisher gets Pressers' wages for Rolled Edge Plates.
Handlers on Baskets and Ladles shall receive "Shades Over 12" Diameter"
Pressers' wages.
Spinning - Gatherers shall receive Pressers' wages on all spinning items.
Reporting For Work.
- ---------------------
A Presser, Gatherer, Finisher, Blower, or Blocker holding a regular position,
reporting for work at his usual time, will be guaranteed at least four (4)
hours' pay for four (4) hours' work at his regular rate unless he has been
instructed not to report. This policy will not apply during floods, fires,
tornadoes, power or fuel failures, machine breakdowns, or other emergencies
beyond Company control.
Skilled Workers - Shop Knockoffs
- -------------------------------------
If a shop works 3 1/2 hours or more on First and Second Shift and is knocked off
by the Foreman, due to no fault of the shop, the Skilled Workers will receive
four (4) hours' pay.
The usual shift differential will continue to be paid on a proportionate basis
as in the past based on the number of hours worked.
Third Shift - Filling In For Absent Presser.
- ----------------------------------------------------
It is mutually agreed between the Company and Local # 102 that if the Third
Shift Presser is absent from work on a temporary basis, the Company has the
right to assign a Dauber to fill in pressing, subject to the following rules:
All skilled card-holding employees or assigned apprentices must be given first
preference.
Such assignment shall in no way interfere with the established sequence of
putting on new Pressers when needed.
The intent of this Agreement is to provide a method of keeping shops working
on the Third Shift, not essentially to break in new Pressers.
Equipment
- ---------
The Company will provide all Union Card-Holding Pressers employed at Smith
Glass with a new pair of shears if needed, contingent upon return of old
shears for replacement.
The Company will also replace any tools normally used by the Presser that are
worn out or broken, provided they are turned in.
Stolen tools will not be replaced by the Company.
Shades With Center Holes
- ---------------------------
The hole in all shades will be started in the Hot End. If the shop is having
trouble with checks, the Foreman has the responsibility either to solve the
problem or to send the ware in without starting the hole. Such ware will be
designated for drilling in the Cold End. Every attempt must be made to
properly start the hole in the Hot End. If it cannot be done, the shades can
be drilled in the Cold End until the Proper method is worked out in the Hot
End.
While Management desires to resolve particular production problems such as
this, Management still retains its prerogative to make the determination as to
the most effective manufacturing procedures.
Skilled Relief
- ---------------
If an employee relieves two (2) or three (3) people, 100% participation for
incentive will apply if breaks are given accordingly.
Skilled Maintenance
- --------------------
All Skilled Maintenance jobs shall be posted for qualified people before
hiring outside the factory.
Tool Allowance For Pressers
- ------------------------------
The Company agrees to replace worn out or broken tools normally used in the
operation when turned in to supervisors. Tools stolen will not be replaced by
the Company.
ARTICLE 33 SUPPLEMENTARY AGREEMENT #2 (MOULD MAKING DEPARTMENT)
---------------------------------------------------------
The following Agreement applies to those Union employees in the Mould Making
Department Local #102 working at the L.E. Smith Glass Company, located at
Mount Pleasant, Pennsylvania, and is part of and supplementary to the General
Agreement entered into by and between the Company and the Union.
The Company agrees to recognize the Rules of Government or Mould Making Work,
press Branch, as agreed to for the period covered by this contract.
Vacation period for the Mould Making Department shall be agreed to between the
Foreman and employees of the Mould Shop. Eligibility rules shall be the same
as the Press Ware Department.
The Company agrees that the Mould Shop shall be swept and cleaned at least
once each week.
Mould Making Department Hourly Minimum Rate
- ------------------------------------------------
The Company agrees to pay the hourly wage rates for Journeymen and Apprentice
Mould Makers that is negotiated in the wage conference between the S.C.I.R.C.
Group and on the same dates as specified in the National Mould Makers
Agreement.
In the case of Mould Makers physically unable to perform an average day's
work, the rate shall be set by the Local Union, the Manufacturer, and the
individual worker involved.
Vacation Pay
- -------------
All Mould Makers and Apprentices shall be paid their base hourly wage rate for
Vacation Pay, as described in Article 16.
Mould Makers will receive their first week's vacation pay on the last payday
preceding the vacation period. If not eligible for a second week's vacation
pay, said Mould Maker will be paid the week before vacation pay the second
week of vacation.
Vacation pay is subject to all taxes in effect at the time of payment.
Holiday Pay
- ------------
All Mould Makers and Apprentices shall be paid their base rate of pay, as
described in Article 9, for each of the following holidays: New Year's, Good
Friday, Easter Monday, Memorial Day, Labor Day, Thanksgiving Day, Day After
Thanksgiving, and Christmas.
Whenever it would occur that a Mould Maker or Apprentice would be called in to
work on a paid holiday, he would be paid double time plus holiday pay. Work on
a holiday shall be voluntary with the Mould Makers and Apprentices.
Paid Holidays. When a holiday falls on Saturday, it shall be paid for whether
- --------------
the employee would be scheduled to work or not.
Call-In Pay. A Mould Maker who is called to work after leaving the factory
- -------------
will be given an opportunity to earn at least four (4) hours' pay at his
regular base rate. If the employee chooses to return home after completing the
task for which he was called, he shall be paid for the time worked, with a
minimum of two (2) hours' pay at his regular base rate. It is understood that
if a greater amount of earnings would result from application of any of the
overtime provisions of the contract to the time worked, the employees will be
paid the greater amount. Such minimum guarantees do not apply in case of work
immediately prior to the employee's scheduled shift.
Multiple Work Assignments
- ---------------------------
Mould Makers and Apprentices shall not be assigned to operate two machines
simultaneously or to operate a machine and do bench work, etc. while the
machine is in cycle, except work of a nature that Machine Operators have
performed in the industry in the past during machine cycle, if the cycle time
is sufficient. No manufacturer shall be required to change its present
practice of assigning work.
Nothing herein shall be construed as placing any limitations upon a
manufacturer's right to make work assignments not involving dual or multiple
operations or from introducing new processes, equipment, materials, or methods
of operation, from time to time as it deems desirable.
Both the Union and the L.E. Smith Glass Company recognize that new techniques
in manufacturing moulds which are substantially different from existing
machines, and methods may be developed in the future which involve dual or
multiple operations. Therefore, during the term of the Contract, a joint
meeting shall be held with the Negotiating Committee of the Company and the
Union within thirty (30) days following a written request by either the
International President of the Union or the Company to the other for the
purpose of exploring and making recommendations, if possible, concerning
procedures to be followed so that the introduction of such new machines or
methods can be carried out in a harmonious manner, giving due consideration to
the interest of both the employee and the Company.
The Company will operate new substantially different equipment involving dual
or multiple operations under the provisions of Section 1 until the Joint
Committee has had an opportunity to meet. Failing agreement by the Joint
Committee, the Company shall have the right to operate the equipment or
install the new methods in such a manner as they deem desirable, and any
dispute concerning the same shall be referred as the Committee shall direct or
to the next conference.
Tool Allowances
- ----------------
Tools normally used by Mould Makers and Apprentices that are worn out beyond
use or broken will be replaced by the Company, provided they are turned in.
Stolen tools will not be replaced by the Company.
ARTICLE 34 DURATION
--------
The above shall constitute the Complete Agreement, which shall continue in
effect until August 31, 2001, and thereafter so long as negotiations for a new
or modified Agreement shall continue.
Signed this 28th day of August, 1998, by the duly authorized representatives
of the parties hereto:
THE L.E. SMITH GLASS COMPANY:
Martin J. Noonan, Managing Director
/s/ Martin J. Noonan
________________________________________________
Forrest L. Kastner, Plant Manager
/s/ Forrest L. Kastner
____________________________________________________
THE AMERICAN FLINT GLASSWORKERS UNION:
Richard G. Morgan, National President
/s/ Richard G. Morgan
________________________________________________
Ivan T. Uncapher, National Secy./Treas.
/s/ Ivan T. Uncapher
_______________________________________________
Dale Lamb, National Asst. Secy.
/s/ L. Dale Lamb
_____________________________________________________
LOCAL # 102
Bill Rodgers, President
/s/ Bill Rodgers
_____________________________________________________________
George Eicher, Corresponding Secy.
/s/ George Eicher
__________________________________________________
Mark Kraisinger, Financial Secy.
/s/ Mark Kraisinger
_____________________________________________________
Floyd Fulmer, Hot End Committee
/s/ Floyd Fulmer
___________________________________________________
LOCAL # 537
Donna Fulmer, President
/s/ Donna Fulmer
___________________________________________________________
Barbara Hurst, Vice President
/s/ Barbara Hurst
_______________________________________________________
Lois Monroe, Corresponding Secy.
/s/ Lois Monroe
___________________________________________________
Steve Postlethwait, Financial Secy.
/s/ Steve Postlethwait
___________________________________________________
Lawrence DePalma, Hot End Chairperson
/s/ Lawrence DePalma
______________________________________________
P. Jane Tlumac, Cold End Chairperson
/s/ P. Jane Tlumac
________________________________________________
HOT METAL HOURLY WAGES
SHADES OVER 12 DIAMETER MEDIUM SHOP
---------------------------- -----------
9-7-98 9-6-99 9-4-00 9-7-98 9-6-99 9-4-00
------ ------ ------ ------ ------ ------
01 Presser 11.80 12.70 13.60 11.20 12.10 13.00
02 Gatherer 11.69 12.59 13.49 11.06 11.96 12.86
03 Finisher 11.69 12.59 13.49 11.06 11.96 12.86
15 Gatherer
2nd 11.69 12.59 13.49 -- -- --
16 Gatherer
(SA) 11.75 12.65 13.55 11.17 12.07 12.97
17 Presser
(SA) 11.75 12.65 13.55 11.17 12.07 12.97
13 Handler 11.80 12.70 13.60 11.80 12.70 13.60
04 Turn Out 9.22 9.62 10.02 9.14 9.54 9.94
05 Warm In 9.22 9.62 10.02 9.14 9.54 9.94
06 Glazier 9.22 9.62 10.02 9.14 9.54 9.94
07 Carry Over 9.04 9.44 9.84 8.98 9.38 9.78
08 Spare 9.04 9.44 9.84 8.98 9.38 9.78
09 Handle
Gatherer 9.27 9.67 10.07 9.27 9.67 10.07
10 Straighten 9.22 9.62 10.02 9.14 9.54 9.94
11 Catch Out 9.22 9.62 10.02 9.14 9.54 9.94
12 Carry In 9.04 9.44 9.84 8.98 9.38 9.78
14 Ring Lifter 9.22 9.62 10.02 9.14 9.54 9.94
18 Sprayer 9.22 9.62 10.02 9.14 9.54 9.94
HOT METAL HOURLY WAGES
9-8-98 9-6-99 9-4-00
------ ------ ------
18 Spraying 9.14 9.54 9.94
19 Head Sprayer 9.42 9.82 10.22
22 Labor 9.47 9.87 10.27
24 Batch Mix (Head) 9.98 10.38 10.78
25 Batch Mix (Assistant) 9.80 10.20 10.60
26 Tank Filler 9.40 9.80 10.20
27 Tank Tender 9.60 10.00 10.40
28 Head Mold Cleaner 9.54 9.94 10.34
29 Mold Cleaning (Chuck) 9.22 9.62 10.02
30 General Labor (Forming) 8.98 9.38 9.78
32 Floor (Forming) 9.22 9.62 10.02
80 General Labor (Polish) 8.98 9.38 9.78
81 Permanent Labor 9.34 9.74 10.14
82 General Labor 8.98 9.38 9.78
84 General Labor (Whse.) 8.98 9.38 9.78
MAINTENANCE
BUILDING MAINTENANCE HELPER
70 Starting Rate 9.57 9.97 10.37
71 After 60 Days Probation 9.69 10.09 10.49
72 After 6 Months 10.56 10.96 11.36
HEAD BUILDING MAINTENANCE
73 Starting Rate 10.56 10.96 11.36
74 After 60 Days Probation 10.69 11.09 11.49
75 After 6 Months 11.39 11.79 12.19
79 Special 11.89 12.29 12.69
HEAD MECHANIC
76 Starting 11.39 11.79 12.19
77 After 60 Days Probation 11.80 12.20 12.60
78 After 6 Months 12.30 12.70 13.10
96 Mechanic 11.39 11.79 12.19
COLD METAL HOURLY WAGES
9-7-98 9-6-99 9-4-00
------ ------ ------
39 Pack Station 8.90 9.30 9.70
40 Floor Work 8.90 9.30 9.70
41 Order Picker 8.90 9.30 9.70
42 Pack Jars 8.94 9.34 9.74
43 Grinding 8.95 9.35 9.75
44 Lehr Tender 9.14 9.54 9.94
45 Shipper 9.28 9.68 10.08
46 Truck Driver 9.25 9.65 10.05
47 Head Carton 10.11 10.51 10.91
48 Grinder Jars 9.33 9.73 10.13
49 Grinder Jars 9.33 9.73 10.13
50 Grinder Jars 9.33 9.73 10.13
51 Decorating & Glueing 8.94 9.34 9.74
52 Samples & UPS 9.28 9.68 10.08
53 Driller 9.25 9.65 10.05
54 Hand Truck 9.10 9.50 9.90
55 Tow Motor 9.18 9.58 9.98
METAL BANDING
- --------------
61 Metal Banding Starting 8.94 9.34 9.74
62 After 2 Months 8.99 9.39 9.79
HAND DECORATING
- ----------------
62 Starting Rate 8.99 9.39 9.79
63 After 2 Month 9.05 9.45 9.85
64 After 4 Months 9.17 9.57 9.97
65 After 6 Months 9.28 9.68 10.08
66 After 12 Months 9.40 9.80 10.20
67 Sprayer 9.25 9.65 10.05
68 Sandblaster 9.25 9.65 10.05
83 Carton Helper 9.25 9.65 10.05
85 Abrasive Cutting 9.28 9.68 10.08
86 Romance Lights Glue 8.90 9.30 9.70
87 Etcher 9.25 9.65 10.05
91 Assembly Line 8.90 9.30 9.70
92 Utility 8.90 9.30 9.70
93 Sawing 9.10 9.50 9.90
94 Washing 8.90 9.30 9.70
95 Polishing 8.95 9.35 9.75