EXHIBIT 10.11
AGREEMENT
BETWEEN
WELLS GARDNER
e l e c t r o n i c s c o r p o r a t i o n
AND
LOCAL 1031
OF
THE INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS,
AFL-CIO
July 3, 2000 to June 29, 2003
TABLE OF CONTENT'S
PAGE
ARTICLE I UNION AND MANAGEMENT
Section 1. Parties and Effective Date ............ 1
Section 2. Expiration Date and Renewal ........... 1
Section 3. Recognition ........................... 1
Section 4. Management ............................ 1-2
Section 5. Union Shop ............................ 2
Section 6. Check-off ............................. 2-3
Section 7. Non-Discrimination .................... 3
Section 8. Trial Period Employees ................ 3-4
ARTICLE II REPRESENTATIVE, GRIEVANCES AND ARBITRATION
Section 1. Stewards .............................. 4
Section 2. Grievance Procedure ................... 4-6
Section 3. Arbitration ........................... 6
Section 4. No Strike or Lockouts ................. 6-7
ARTICLE III HOURS OF WORK AND OVERTIME
Section 1. Regular Work Week ..................... 7
Section 2. No Staggering ......................... 7
Section 3. Changing Workweek ..................... 7
Section 4. Overtime .............................. 8
Section 5. Shift Premium ......................... 8
Section 6. Preference of Shift and Overtime ...... 8
Section 7. Lunch Periods ......................... 8
Section 8. Rest Periods .......................... 9
Section 9. Reporting Pay ......................... 9
Section 10. Call-Back Pay ......................... 9
Section 11. No Pyramiding ......................... 9
ARTICLE IV SENIORITY
Section 1. Basis of Seniority ....................... 9
Section 2. Effect of Seniority ..................... 9-10
Section 3. Seniority List ........................... 10
Section 4. Temporary Layoffs ........................ 10-11
Section 5. Temporary Transfers ...................... 11
Section 6. Options .................................. 11
Section 7. Demotion ................................. 11-12
Section 8. Rights on Recall ......................... 12-13
Section 9. Skill & Ability .......................... 13
Section 10. Vacancies................................. 13-14
Section 11. On-the-Job-Training ...................... 14
Section 12. Leave of Absence ......................... 15
Section 13. Loss of Seniority ........................ 15-16
Section 14. Promotion to Exempt Positions ........... 16
TABLE OF CONTENT'S CONT'D
PAGE
ARTICLE V VACATION AND HOLIDAYS
Section 1. Eligibility and Amount of Vacation ....... 16-17
Section 2. Minimum Hours ............................ 17
Section 3. Computation of Vacation Pay .............. 18
Section 4. Scheduling of Vacations .................. 18
Section 5. Date Due ................................. 18
Section 6. Consecutive Days, etc ................... 18
Section 7. Retiree Pro-Rata Vacation Pay ............ 19
Section 8. Holidays and Holiday pay ................. 19-20
Section 9. Floating Holiday ......................... 20
ARTICLE VI WAGES
Section 1. Rates .................................... 20
Section 2. Cost Of Living ........................... 20-21
Section 3. New Classifications ...................... 21
Section 4. Upgrading ................................ 21
Section 5. New Experienced Employees ................ 21
Section 6. Payday ................................... 22
Section 7. Piece Work ............................... 22
Section 8. Pension Plan ............................. 22
ARTICLE VII INSURANCE ................................. 22-23
ARTICLE VIIIGENERAL PROVISIONS
Section 1. Saving Clause........................... 23
Section 2. Bulletin Board........................... 23
Section 3. Election Day.............................. 23
Section 4. Supervisors............................... 24
Section 5. Right of Access........................... 24
Section 6. Conflict with State & Federal Laws........ 24
Section 7. Female Employees.......................... 24
Section 8. Paid Leave of Absence .................... 24-25
Section 9. Jury Service ............................. 25
Section 10. Safety and Health Provisions.............. 25
Section 11. Union Employee Educational Assistance Program 26
Section 12. Call-In Sick / Personal Day............... 27
Section 13. Inventory Shutdown Scheduling............. 27
Section 14. Severance Plan............................ 27
Section 15. 401K Savings Plan ........................ 27
APPENDIX "A" Wage Scale - Effective 06-30-97.......... 28-31
APPENDIX "B" Insurance Coverage for Employees & Dependents 32-33
APPENDIX "C" Piece Work / Incentive System........... 34
ARTICLE I
UNION AND MANAGEMENT
Section 1. Parties and Effective Date: The parties to this Agreement
are: Wells-Gardner Electronics Corporation, its successors or assigns,
hereinafter called the "Company" and Local 1031, International Brotherhood
of Electrical Workers, AFL-CIO, hereinafter called the "Union". This
Agreement shall become effective July 3, 2000.
Section 2. Expiration Date and Renewal: This Agreement shall remain in
full force and effect until June 29, 2003 and then shall automatically renew
itself from year to year thereafter, unless the Company or the Union gives
written notice to the other party to amend, modify or terminate within not
less than sixty (60) days prior to any expiration date. The parties may by
mutual agreement modify or amend this Agreement at any time hereafter.
Section 3. Recognition: The Company recognizes the Union as the sole
and exclusive collective bargaining agent for all of the Company's
production and maintenance employees located at 2701 North Kildare Avenue,
Chicago, Illinois 60639 excluding Wells-Gardner Electronics Corporation
executives and non-working supervisors, office, clerical and sales
employees, engineering and laboratory employees, supervisors, guards,
outside truck drivers, journey & craft persons who are represented for
purposes of collective bargaining by unions affiliated with the AFL-CIO.
Section 4. Management: The management of the Company and its
operations, the direction of the work force, including the right to hire,
assign, suspend, transfer, promote, discharge or discipline for just cause
and to maintain discipline and efficiency of its employees and the right to
relieve employees from duty because of lack of work or for other legitimate
reasons not in conflict with the provisions of this Agreement; the right to
determine the extent to which the plant shall be operated; the right to
introduce new or improved production methods, processes or equipment; the
right to decide the number and locations of plants, the nature of equipment
or machinery, the products to be manufactured, the methods and processes of
manufacturing, the scheduling of production, the method of training
employees, the designing and engineering of products and the control of raw
materials; the right to continue in accordance with past practice to assign
work to outside contractors; and the right to enact Company policies, plant
rules and regulations which are not in conflict with this Agreement, are
vested exclusively in the Company.
The Union recognizes that there are functions, powers, authorities and
responsibilities belonging solely to the Company, prominent among which, but
by no means inclusive, are those enumerated in the preceding paragraph. The
management rights enumerated in said paragraph are not inclusive and shall
not be deemed to exclude other functions not herein listed.
The term "just cause" as used in this Agreement includes but is not
limited to any violations of a published plant rule established pursuant to
the provisions of Article I.
Section 5. Union Shop: All employees covered by the terms of this
Agreement shall be required to become and remain members of the Union as a
condition of employment from and after the sixty-first (61st) day following
the date of their employment or the effective date of this Agreement,
whichever is later.
Section 6. Check-Off: The Company agrees that it will make weekly
deductions from each weekly pay check covering any and all amount of dues
and initiation fees that may hereafter become due to the Union for any of
its employees covered hereunder, provided that the Union requests such
deductions and accompanies such requests with properly and legally executed
assignments, in accordance with law, authorizing such deductions. The
employer further agrees that once each week, it will remit promptly to the
Union such collected amounts. At the end of each calendar month, the
Company shall forward to the Union an alphabetical list of the names and the
total amounts deducted during said month from each employee covered. In
lieu of this monthly alphabetical list, the Company may, at its option,
forward to the Union such an alphabetical list each week along with the
weekly remittance of collected amounts.
If through inadvertence or error, the Company fails or neglects to
make a deduction which is properly due and owing from an employee's weekly
pay check, such deduction shall be made from the next weekly pay check of
the employee and promptly remitted to the Union. It is expressly agreed and
understood that the Union assumes full responsibility for the validity and
the legality of such employee's deductions as are made by the Company and
hereby agrees to indemnify and save the Company harmless, by virtue of such
collections and payments to the Union.
No deduction shall be made from any employee for union dues in any
week in which such employee receives a check representing a total of less
than eight (8) hours at the employees regular rate of pay nor shall any
deduction be made from any employee's pay check prior to the date on which,
by the terms of this Agreement, he/she is required to become a member of the
Union as a condition of employment.
Section 7. Non-Discrimination: It is agreed between the parties that in
the policies and practices of the Company and in the membership policies and
practices of the Union there shall continue to be no discrimination against
any employee on account of race, creed, color, national origin or sex.
Section 8. Trial Period Employees:
(a) Trial Period: New employees shall be on trial until they have been
employed for a period of sixty (60) calendar days and during such
period the Company shall have the right to dismiss or retain the
employee at its own discretion. Upon completion of such sixty
(60) calendar days of employment, the employee shall be deemed to
be a regular employee. In all instances where a trial period
employee is laid off for lack of work or granted a leave of
absence for illness or other good cause, such reduction from
active employment shall be deemed to be a layoff, unless at the
date it occurs, the employee is given a written notice stating
that he/she is terminated.
(b) Return from Leave or Recall of Laid Off Trial Period Employee:
Trial period employees who are laid off and by election of the
Company subsequently recalled or who are granted a leave of
absence and subsequently return to work, must complete sixty (60)
calendar days of trial period active employment within six (6)
months of the date of their original hire date in order to become
a regular employee. Periods of trial period active employment, as
referred to above, shall include any week in which the employee
works at least one full day. At such time as the employee
completes sixty (60) calendar day trial period active employment,
his/her "original hiring date", for the purpose of determining
his/her length of service (in accordance with Article IV, Section
3(b)) shall be established as that date sixty (60) calendar days
prior to the date of completion of the trial period employment
requirement.
(c) Trial Period Employee Recalled Before Expiration of Six-Month
Period: Trial period employees who have not completed sixty (60)
calendar days of trial period employment within six (6) months
from their original date of hire, but who are recalled or return
from a leave of absence prior to the expiration of such six-month
period will be permitted to complete the trial period requirement,
although the six-month period elapses before such trial period is
completed, provided the employee is not laid off before he/she
completes his/her trial period employment. If such a layoff
occurs before the employee bas completed his/her trial period and
the six-month period has expired, said employee will be considered
to have been terminated rather than laid off.
(d) Extension of Trial Period: The Company shall have the right to
extend the trial period to ninety (90) calendar days upon written
notice to the Union and the employee prior to completion of the
normal sixty (60) day trial period and shall retain the right to
dismiss such employee during this extension period without being
subject to review. In all instances where the trial period of a
new employee is so extended, such employee's responsibility to
become and remain a member of the Union in good standing as a
condition of employment after sixty (60) days shall not be
affected; and any benefits of the contract such as holiday pay and
insurance coverage shall accrue to such- employee at the end of
the initial sixty day period.
ARTICLE II
REPRESENTATION, GRIEVANCES AND ARBITRATION
Section 1. Stewards: The Company agrees to recognize the Chief Steward
and Shop Stewards selected by the Union in accordance with the Union rules
and regulations. Such Chief Steward and Stewards may act as a grievance
committee at the request of, and with, the Business Manager of the Union, or
his/her representative. The Union will notify the Company as to the
identity of such Chief Steward or Stewards and the Company shall not be
required to recognize any other employees in the adjustment of complaints
than those whose names are furnished to the Company as aforesaid. Such
Chief Steward and Stewards shall be granted a reasonable amount of time
during working hours for the purpose of investigating and adjusting
complaints, provided however, that such Chief Steward and Stewards shall not
leave their work without the permission of the immediate supervisor. Such
permission, however, shall not be arbitrarily withheld. The Chief Steward
and Stewards shall be granted top seniority in their respective departments
for the purpose of layoffs and recalls.
Section 2. Grievance Procedure: Any grievance arising during the life
of this contract pertaining to wages, hours of work and working conditions
of employees in the bargaining unit shall be subject to the procedures
outlined below:
Either the Company or the Union or any employee (or Steward, Chief
Steward or Business Representative in his/her behalf) may file grievances.
Grievances of the Company or Union shall be presented directly to the other
in writing. Grievances of the employees shall be reduced to writing on
grievance forms provided by the Union. All answers by the Company shall
likewise be in writing. Grievances will be handled as follows:
Step 1. The employee, his/her Steward or both, shall present the
matter in dispute for settlement to his/her Supervisor. If
the Supervisor's decision is not satisfactory or is not given
within three (3) working days, Step 2 will be followed.
Step 2. Such grievance shall then be presented by the Chief
Steward within three (3) working days after the Supervisor's
unsatisfactory decision or failure to give a decision,
whichever is applicable, to the Department Head. If the
Department Head's decision is not satisfactory or is not
given within three (3) working days, Step 3 will be followed.
Step 3. Such grievance shall then be presented by the Business
Representative of the Union within five (5) working days from
receipt of the Department Head's unsatisfactory decision or
failure to give a decision, whichever is applicable, to the
Human Resources Director who shall give his/her answer not
later than five (5) working days after the presentation of
the grievance to him/her.
If the decision of the Human Resources Director is not satisfactory,
such grievance will be discussed by the Business Manager of the Union and
the Human Resources Director within five (5) working days after receipt by
the Business Manager of the unsatisfactory answer by the Human Resources
Director. In the event the Company and the Union are unable to settle any
grievance under the procedures outlined above, the grievance shall be
further processed under Section 3 - Arbitration - of this Article.
A grievance must be filed no later than five (5) working days after
the occurrence of the event in which it is predicated, except in instances
where the employee, or his/her Steward or Chief Steward, could not
reasonably have been expected to be aware of the occurrence of the
grievance. A failure to file a grievance within the period specified shall
be deemed a waiver of such matter. In all cases of grievances relating to
time not worked, the Company shall be responsible only for the actual loss
sustained by an employee. Any settlement of any grievance between the
Company and a Steward, Chief Steward, or Business Representative in Steps 1,
2, and 3 above will not be final until reviewed and approved by the Business
Manager of the Union or his/her designated representative. The Company may
consider the matter closed unless it has been otherwise notified by the
Business Manager of the Union or his/her delegated representative within ten
(10) days after notice bas been given him/her of the terms and conditions of
the proposed grievance settlement.
An employee may be discharged or disciplined for cause. However, in
case any employee, or the Union in his/her behalf, claims that he/she has
been unjustifiably discharged or disciplined, a written complaint shall be
filed within five (5) working days from the date of his/her discharge or
discipline. Such complaint or grievance shall start under Step 2 above.
Prior to the discharge or disciplining of an employee (except in cases of an
employee under the influence of alcohol, drugs, etc., or theft or sabotage),
the Chief Steward shall be notified and given the opportunity to discuss the
discharge or discipline. In case of discharge or discipline for being under
the influence of alcohol, drugs, etc., or for theft or sabotage, the Chief
Steward shall be notified Immediately after the discharge.
Section 3. Arbitration: In the event that the grievance or complaint
cannot be adjusted in any of the foregoing steps, the matter may, at the
request of either party, be submitted for final and binding arbitration by
an impartial arbitrator who shall be chosen by mutual agreement of the
Company and the Union. In the event that the Company and the Union are
unable to agree upon an arbitrator, the parties will request the Federal-
Mediation and Conciliation Service to submit a panel of nine (9) qualified
arbitrators. Both the Company and the Union shall have the right to strike
four (4) names from the panel submitted to the parties. The remaining name
on the panel shall then become the impartial arbitrator. In the
consideration of discipline or discharge cases, the arbitrator shall have
authority and jurisdiction to direct the payment of back pay for lost time
resulting from discharge. The arbitrator's decision shall be final and
binding upon all parties. However, an arbitrator shall have no power or
authority to add to, alter, or modify the terms of this Agreement or any
supplementary agreement made between the parties hereto. The expenses of
arbitration (except those of the respective parties) shall be borne equally
between the Company and the Union.
Section 4. No Strikes or Lockouts: There shall be no strikes, refusal
to work or slowdown by the Union during the life of this Agreement, and
there shall be no lockout on the part of the Company, unless either the
Company or the Union should refuse to participate in arbitration proceedings
or abide by the decision of an arbitrator, in accordance with Section 3 of
this Article. Should there be such refusal by either the Company or the
Union, this Section, at the option of the other party, shall be deemed
inapplicable. There shall be no liability on the part of the Union for
unauthorized strikes, stoppages or slowdowns, by any of the employees, but
the Company shall have the right to discipline or discharge any employee who
initiates, instigates, or participates in such unauthorized strikes,
stoppages, or slowdowns. In consideration of this Agreement, the Union
agrees not to sue the Company, its officers or representatives, and the
Company agrees not to sue the Union, its officers, agents, or members in
connection with any labor relations matters in any court of law or equity.
The parties agree that the sole procedure for settlement of any disputes
concerning labor relations matters between the Company and the Union shall
be the grievance and arbitration procedure hereof.
ARTICLE III
HOURS OF WORK AND OVERTIME
Section 1. Regular Workweek: The regular workweek shall consist of
forty (40) hours on a schedule of eight (8) hours per day Monday through
Friday.
Section 2. No Staggering: The working day shall be continuous and
employees shall not be compelled to lay off work for any period of time
during the day and to resume work thereafter during the same day except in
the case of lunch period or rest period.
Section 3. Changing Workweek: Any changes in the regular workweek shall
be by mutual agreement between the Company and the Union. The Company
reserves the right to change regularly scheduled starting and quitting
hours under emergency conditions, in which event the time worked before
normal starting time or after the normal quitting time will not be
considered overtime work payable at one and one-half (1/) time the
employee's straight-time rate unless more than eight (8) hours of work are
performed in a day or unless an employee is prevented from performing eight
(8) hours of work for reasons of the Company's convenience rather than for
circumstances beyond the control of the Company.
Section 4. Overtime: All work performed in excess of eight (8) hours in
any one (1) day, and all work performed on Saturday, and all work performed
prior to the employee's regular hour for starting or after the employee's
regular hour for quitting shall be considered overtime and shall be
compensated for on the basis of one and one-half (11/2) times the employees
straight time rate. All work performed on Sunday shall be compensated for
at two (2) times the employees straight time rate.
Section 5. Shift Premiums: Work performed on the second (or afternoon)
shift shall be paid for at the rate of ten (10%) percent more than the rate
paid for similar work on the first (or day) shift. Work performed on the
third (or night) shift shall be paid for at the rate of fifteen (15%)
percent more than the rate paid for similar work on the first (or day)
shift. In ascertaining the vacation or holiday benefits to which an
employee may be entitled, the shift premium shall be included in the
computations.
Section 6. Preference of Shifts and Overtime: When a preference of
shifts is available on account of the occurrence of a vacancy, preference
will be given on the basis of seniority and preference in the assignment of
overtime should be based on the following formula:
(a) Overtime on a job shall be assigned to those regularly doing that
job in their respective departments pursuant to the principle of
"line intact".
(b) If additional help is required, employees with the greatest
seniority in their classification in the department concerned and
capable of doing the job in that department will be selected.
(c) In the event no qualified employees wish the overtime assignment,
it shall be assigned to and worked by the junior employee.
(d) If necessary to go outside of that particular department, plant
wide seniority will prevail if capable of doing the job.
(e) In the event an employee is requested by the Company to work
overtime, daily or Saturday, and he/she agrees to perform the
overtime work but: (1) fails to notify the Company of his/her
inability to report to work; or (ii) fails to give good cause
explaining his/her inability to report for work; or (iii) fails to
report for work, the employee shall not be permitted to work any
overtime in any department for a period not to exceed thirty (30)
days following the time the employee was requested to perform the
overtime work.
Section 7. Lunch Period: There shall be an allowance of a lunch period
near the middle of a work shift of thirty (30) consecutive minutes.
Section 8. Rest Periods: On each shift of the day there shall be a ten
(10) minute rest period for each four (4) hours worked without deduction in
pay.
Section 9. Reporting Pay: Employees who report for work in person and
have not been previously notified not to report shall receive four (4)
hours' work or the equivalent in pay, based upon their regular straight time
hourly rate of pay, except in case of an emergency beyond the control of the
Company.
Section 10. Call-Back Pay: An employee who has left the plant and is
called back to work shall work and receive no less than four (4) hours of
overtime pay at his/her regular straight time rate of pay, or the applicable
straight time rate of pay for the job performed, whichever is greater.
Section 11. No Pyramiding: In no event shall overtime or premium pay
provided for in this Article be pyramided or duplicated. Only the
applicable provision yielding the largest amount of pay shall be applied and
such payment shall satisfy the requirements of all other applicable
provisions. This limitation, however, does not apply to shift premiums.
ARTICLE IV
SENIORITY
Section 1. Basis of Seniority: Each employee will have seniority
standing in the plant equal to the employee's total length of service with
the Company in the bargaining unit, dated from his/her first day of last
continuous employment therein except as provided in Sections 3, 11, and 12
of this Article.
Section 2. Effect of Seniority: Except as provided in Section 6 of
Article III and Section 7 of this Article, in all cases of increase or
decrease of forces, transfer, promotion, or demotion of employees and
preference in the selection of shifts, plant-wide seniority shall prevail,
provided the employees possess sufficient skill and ability to
satisfactorily perform the work to be done.
Where new equipment or added responsibilities are added to existing job
classifications, the Company, in the event of a reduction in force, shall go
strictly by seniority, regardless of the lack of experience of the senior
employee. The Company shall train as needed to retain the senior employees.
Section 3. Seniority Lists: The Company will furnish to the Union
immediately after the signing of this Agreement, a Seniority List and will
post copies of such list on the bulletin boards in the plant. The list is
to be revised at six (6) month intervals.
The Company will also furnish to the Union monthly a list of additions
to and deletions from the Seniority List.
(a) Except as otherwise provided in this Agreement, the Seniority List
is to be used to determine an employee's seniority as to layoffs,
recalls, promotions and demotions. An employee shall have his/her
seniority date computed from his/her original date of employment
in the bargaining unit, in determining the employee's seniority in
cases of layoffs, recalls, promotions and demotions.
(b) The Seniority List is to be used to determine which bracket in the
vacation schedule is applicable. Since an employee's vacation is
based on his/her length of service with the Company, his/her
original hiring date or date of rehire will determine the length
of his/her vacation. The amount of vacation pay for any one (1)
year may be adjusted to comply with the minimum hours provision in
this Agreement, but such adjustment shall not affect a succeeding
year or years.
(c) Employees having the same seniority (hired on the same date) will,
if necessary, be rated by the Company based on their attendance
and tardiness record. The employee with the least number of day
absences in the contract year would be rated as having the most
seniority. If no seniority can be determined by attendance, then
the employee with the least amount of tardiness in the contract
year will be rated as having the most seniority.
Section 4. Temporary Layoffs: The parties recognize the necessity of
temporary layoffs caused by shortage of materials or other reasons. It is,
therefore, mutually agreed that such temporary layoffs may be made from time
to time without regard to plant-wide seniority programs embodied in the
contract. It is further agreed, however, that the number of hours each such
employee may be laid off on such temporary layoff shall be recorded and no
individual employee may be laid off on such temporary layoff without regard
to seniority in excess of eighty (80) hours in each contract year. When the
individual employee has been laid off eighty (80) hours, then the Company is
obligated to place him/her on another job in accordance with plant-wide
seniority, provided such employee possesses sufficient ability, skill and
experience to satisfactorily perform the work available.
Section 5. Temporary Transfers: For periods of work not exceeding
eighty (80) hours the Company may transfer or assign employees temporarily,
on a voluntary basis, but subject to plant seniority in the class from which
they are being transferred, to work in job classifications in which they do
not hold a regular job assignment, but have sufficient skill and ability to
satisfactorily perform the work. Such employees shall be paid as follows:
(a) If temporarily assigned to a job in a higher labor grade, the
employee shall be paid, for the time involved, the next higher
rate above his/her regular job rate in the progression scale for
the higher grade.
(b) If temporarily assigned to a job in a lower labor grade, the
employee shall be paid his/her regular job rate.
Section 6. Option: Any employee who is subject to demotion or transfer
because of material shortage, curtailment of work or similar reasons, may
have the option of accepting such demotion or taking a layoff until there is
sufficient work in his/her regular classification. An employee who accepts
such demotion or transfer may exercise such option up to four (4) weeks
after the transfer or demotion, but he/she must give four (4) days' notice
to the Company before he/she may exercise the option to take a voluntary
layoff under this provision.
Section 7. Demotion:
(a) In the event of a reduction in force, or reduction in the work
force of a job classification, all probationary employees in the
classification shall first be removed from the classification or
laid off. If further reduction is required;
(b) Employees below the maximum rate in their respective
classification shall be removed beginning with the lowest wage
group in such classification based upon their plant seniority.
(c) Employees effected by a reduction in force of job classifications
five (5) or above first shall be offered a position which they bad
previously held provided that they have sufficient seniority to
displace an existing employee in the particular job classification
and they have not previously "signed off" during the life of this
agreement on that job classification. If an employee does not
have the seniority to be transferred to a previously held job
classification in a higher classification, the employee shall be
offered a previously held job classification in a lower
classification. If the employee does not have sufficient
seniority for any previously held job classification, the employee
shall be given an option to be transferred to a position in
classification four (4) or below, provided that the employee has
sufficient seniority to displace an individual currently working
in the particular job classification. Employees not having
sufficient seniority for a previously held job classification or
any position in job classification four (4) or below shall be laid
off in accordance with contractual requirements.
(d) Employees working in job classification four (4) or below during a
reduction in force in those classifications shall first be offered
a previously held position if they have sufficient seniority to
displace an individual from the particular job classification.
Otherwise, the employee shall be transferred to another job
classification within classifications four (4) or below for which
the employee has sufficient seniority to displace an employee of
lesser plant seniority. If the employee does not have seniority
to displace any individual in job classification four (4) or
below, the employee shall be laid off in accordance with
contractual requirements.
(e) All employees transferred during a reduction in force to another
job classification which they have not previously performed shall
be subject to a three (3) day qualifying period. During this
time, the employee may elect to relinquish the position for any
reason and/or "sign-off" the job classification. An employee who
voluntarily elects to relinquish a position by signing off the job
classification shall be laid off. During this three (3) day
qualifying period the Company reserves the right to determine in
its sole discretion whether an employee can adequately perform a
particular job within the three (3) day qualifying period and the
Company may then decide to lay off the employee. An employee who
signed off voluntarily shall not be permitted to transfer to that
job classification in the event of a future reduction in force for
the life of this Agreement. An employee laid-off by the Company
for being unable to adequately perform the job classification
shall not be permitted to transfer to that job classification in
the event of a future reduction in force until the employee
provides that he/she possesses sufficient skill and ability to
satisfactorily perform the work to be done.
(f) All recalls during an increase in the work force shall be made in
reverse order of seniority and pursuant to the applicable
subsections of Article IV, Section 7 and 8. If there are vacancies
in job classifications which they have previously performed,
unless they have sufficient seniority to return to the
classification from which they were originally removed as the need
for additional employees in such job classifications presents
itself, they will be given an opportunity to fill such vacancies.
An employee with seniority may be recalled to Code 4 or lower even
though he/she has not previously performed the work in such
classification.
Section 8. Rights on Recall: Any employee being recalled after a layoff
shall be assured at least two (2) straight weeks of employment at the
regular workweek schedule. In the event the Company has recalled an
employee with such assurance, and then because of conditions over which the
Company has no control (such as, but not limited to, power failure inability
to acquire machinery and equipment to replace worn out machinery and
equipment, bona fide material shortages over which the Company has no
control), the Company is unable to furnish such two (2) weeks of employment,
the Company shall not be bound by this provision. In the event the Company
does not assure such two (2) weeks of employment at the normal scheduled
number of hours per week, the employee may elect to not return until such
time as the Company does assure two (2) such consecutive weeks of employment
at the normal scheduled number of hours per week without loss of seniority
status. In the event the employee does elect not to return, that employee
shall notify the Company by telegraphic message or registered mail or in
person to that effect so that the Company may keep an accurate record of the
employees who still wish to retain seniority status. In the event the
employee fails to notify the Company of his/her election not to return as
herein provided, and fails to report as specified under Section 13(h) of
this Article IV, the employee shall be regarded as having resigned.
Section 9. Skill and Ability: Every employee who has completed his/her
trial period shall, for the purpose of this Article, be deemed to have
sufficient skill and ability to perform any common labor or common assembly
job - Code 4 and below.
Section 10. Vacancies: In the event that a permanent job vacancy
develops in a classification covered by this Agreement, other than common
labor or assembly, a notice of such vacancy shall be bulletined for a period
of two (2) working days.
The bulletin shall contain the job title, the maximum rate to be paid
for the job, and a brief description of the job to be performed. Should
additional personnel be required for a job within thirty (30) days of the
time the job was last posted, the Company shall not be required to bulletin
again such job until expiration of the thirty (30) day period. It is
understood that within such thirty (30) day period the Company may take such
steps as are necessary to fill such open jobs, provided no qualified
employees have bid or are available. However, if an employee is not
currently working on the days the open job is posted, but returns to work
within the thirty (30) day period referred to above, he/she may apply for
such posted job and will be considered for such posted job vacancies still
remaining open. Employees with seniority who desire promotions to posted
higher rated classifications shall, during the period that such vacancy is
bulletined, file a form provided by their Supervisor for this purpose. If
applicants with qualifications sufficient to perform the work satisfactorily
have made application for the bulletined job, the qualified applicant with
the greatest plant seniority shall be selected. It is intended that
whenever possible promotions shall be made within the ranks and according to
seniority. The Company may fill a posted vacancy until it has been
determined by the Company that there are applicants who possess the
qualifications required. The Company may offer a posted vacancy to a new
employee who did not apply, or may hire a new employee for such vacancy in
the event the applicants for the posted vacancy do not possess sufficient
qualifications to satisfactorily perform the job.
It is understood that employees who have bid upon, have been accepted,
and are working on the posted job will not be eligible to bid on an
additional posted job for a period of three (3) months following the time
the job for which they were accepted was posted.
The successful bidder for a posted job opening shall have the option
to return to his/her former job within a period of two (2) weeks following
the first day worked in the posted job opening. The Company shall have the
option, within the same two (2) week period to return such successful
employee to his/her former job in the event such employee cannot
satisfactorily perform the work required to be done. The successful bidder
for a posted job opening shall receive retroactive pay from the first day
worked in the posted job opening who successfully completes the two (2) week
trial period.
Section 11. On-the-Job Training: Employees who bid on posted jobs, but
do not possess sufficient qualifications to be selected, may be considered
for training under the following procedures:
(a) The number to be considered for training will be in relation to
the number needed to fill the posting at the time of posting.
(b) Selection for training will be on the basis of related education,
prior employment experience, current employment experience as
related to the training to be given. Qualifications being
comparable, seniority will govern.
(c) Evaluation of qualifications for training, as well as the progress
of the trainee, will be determined by the Company.
(d) A trainee who is unable to progress satisfactorily will be
returned to his/her prior classification without loss of
seniority.
Section 12. Leaves of Absence:
(a) The Company may grant leaves of absence without pay to all regular
employees of the Company for good cause, taking into consideration
not only the personal problems of the employee but also the
Company's operational needs for production. Such leaves for good
cause other than for medical reasons shall not exceed ninety (90)
days except for Union activity, which may be indefinite. Leaves
of absence for illness will be granted for such periods as have
been recommended by competent medical authority but not to exceed
one (1) year. In the event an employee is hospitalized in excess
of seven (7) days, an automatic leave of absence shall be granted
up to thirty (30)days, provided that the Human Resources Director
of the Company is notified of the hospitalization within three (3)
working days from the last day worked. Any other request for
leave of absence for illness must be made by an employee on forms
provided by the Company and must be accompanied by a report from
the employee's doctor recommending the time required for leave of
absence.
(b) Because pregnancy by itself is not a disabling condition for any
fixed period of time, the Company agrees to grant maternity leaves
of absence based upon the medical opinion of the employee's
physician. The leave of absence shall begin when it is determined
by the employee's physician that the employee is no longer able to
perform those duties characteristic of her position. The leave
shall continue until, and only until, the employee, on the basis
of her physician's opinion, is able to return to work, not to
exceed one (1) year.
(c) Employees on a bona fide leave of absence, when returning to work,
shall return to their former classification if such work is being
performed. Application forms of all leaves of absence must be
completed and be submitted to the Company within five (5) working
days from their last day worked or their date of recall, and such
application for leaves shall be required for any period of seven
(7) or more consecutive calendar days in which the employee is out
of the service of the Company.
d) Employees granted a leave of absence will not be asked or required
to use their remaining vacation days left before granting said
leave.
Section 13. Loss of Seniority: An employee shall lose his/her
seniority when any of the following occur:
(a) Discharge for cause.
(b) Quitting.
(c) Absence from work for three (3) working days without notifying the
Human Resources Department of the Company.
(d) Failure to apply for a leave of absence as required.
(e) Exceeding leave of absence without notification to the Human
Resources Department presenting good cause.
(f) Working for another employer for wages while on leave of absence
(this does not apply to leaves of absence for Union activity or
layoffs).
(g) Layoff or sick leave for a continuous period in excess of one (1)
year for purposes of seniority only.
(h) Failure to report for work on recall or to notify the Human
Resources Department of intention to report within three (3)
regularly scheduled working days following the date notification
is sent by mailgram or certified letter to the employee's last
known address registered with the Human Resources Department.
Section 14. Promotion to Exempt Positions: Any employee covered by
this Agreement who is transferred to a supervisory position outside of the
bargaining unit, shall retain his/her seniority as of the date of transfer.
Any employee who is, or has been, employed in a supervisory position outside
of the bargaining unit, shall not accumulate seniority in the bargaining
unit while so employed.
ARTICLE V
VACATIONS AND HOLIDAYS
Section 1. Eligibility and Amount of Vacation: The Company will grant
vacation with pay to each employee in accordance with the following
schedule:
(a) All employees who on June 1st have been employed by the Company
(in or out of the bargaining unit) six (6) months or more but less
than twelve (12) months, shall be granted one-half (1/2) week's
vacation with pay;
(b) All employees who on June 1st have been employed by the Company
(in or out of the bargaining unit) for a period of twelve (12) or
more months, but less than two (2) years, shall be granted one (1)
week's vacation with pay;
(c) All employees who on June 1st have been employed by the Company
(in or out of the bargaining unit) for two (2) years or more, but
less than ten (10) years, shall be granted two (2) weeks' vacation
with pay;
(d) All employees who on June 1st have been employed by the Company
(in or out of the bargaining unit) ten (10) years or more, but
less than fifteen (15) years, shall be granted three (3) weeks'
vacation with pay;
(e) All employees who on June 1st have been employed by the Company,
(in or out of the bargaining unit), fifteen (15) years, but less
than twenty-five (25) years, shall be granted four (4) weeks
vacation with pay;
(f) All employees who on June 1st have been employed by the Company
(in or out of the bargaining unit) twenty-five (25) years or more,
shall be granted five (5) week's vacation with pay;
(g) Additional vacation with pay shall be granted to those employees
who as of December 31, have accrued seniority which would entitle
them to additional vacation benefits over those to which they were
entitled on the preceding June 1. The same limitations and
requirements as prescribed for in Article V shall- also apply and
the date, June 1, shall be replaced by the date December 31, where
appropriate.
Section 2. Minimum Hours:
(a) Employees with seniority (in or out of the bargaining unit). One
(1) year or more. To qualify for full vacation benefits, the
employee, as of June 1st with seniority, must have worked, or have
been available for work eighty (80%) percent of the work year
prior to June 1st. Time off due to occupational injury, jury duty
or layoff shall be considered as time available for work. No
vacation benefits shall be paid to an employee who has worked less
than thirty (30%) percent of the work year prior to June 1st. An
employee who has worked more than thirty (30%) percent of the work
year, but has worked or been available for work less than eighty
(80%) percent of the work year prior to June 1st, will be granted
a vacation which will be equal to his/her vacation bracket
multiplied by the percentage of time worked and time available for
work.
If an employee is on layoff, in military service, or bona
fide leave of absence as of June 1st, he/she shall be paid at
vacation time, the same portion of his/her vacation as the time
actually worked bears to the work year, When he/she is recalled
he/she must return within three (3) working days and work at least
two (2) weeks. If he/she does so, he/she shall then receive the
unpaid balance of his/her vacation benefit to which he/she is
entitled.
(b) Employees with seniority (in or out of the bargaining unit) of at
least six (6) months, but less than one (1) year. To qualify for
full vacation benefits the employee, as of June 1st with
seniority, must have worked (availability for work does not apply)
eighty (80%) percent of the time from date of employment to June
1st. An employee who has worked more than thirty (30%) percent
but less than eighty (80%) percent of the time from date of
employment to June 1st, will be granted a vacation equal to twenty
(20) hours multiplied by the percentage of time actually worked.
No vacation benefits will be paid to an employee who has worked
less than thirty (30%) percent of the time from date of employment
to June 1st.
Section 3. Computation of Vacation Pay: In computing vacation benefits,
one (1) week's vacation with pay shall be equivalent to five (5) working
days, and eight (8) hours' pay shall be equivalent to one (1) working day.
If the employee is paid at a flat hourly rate, the vacation pay shall be at
the highest rate earned for at least thirty (30) consecutive days during
the year prior to June 1st, including shift premiums, if any.
Section 4. Scheduling of Vacations: Prior to May 1st of each calendar
year, departmental heads will consult with all employees entitled to
vacations and from such consultations the Company shall establish a working
schedule agreeable to the Union for the vacation period. In determining
vacation schedules, the Company will respect the seniority and wishes of the
employee to the extent that its needs will permit. (a) The vacation season
for those employees eligible for more than two (2) weeks vacation with pay,
shall be during the twelve (12) month period beginning on January 1st. (b)
The vacation season, for those employees hired between June 2 and prior to
December 31, eligible for additional vacation with pay, shall be taken
between their hire date and December 31. The Company may elect to close the
plant for a specified vacation period.
Section 5. Date Due: Vacation pay which bas been earned, in accordance
with this Article, shall be paid to the employee on the payday immediately
preceding the start of each employee's vacation.
Section 6. Consecutive Days, Etc.: All vacations of two (2) weeks or
less shall be taken on consecutive days unless the Company and the employee
agree on a different division of the vacation time. If an employee is
eligible for a vacation in excess of two (2) weeks, or additional vacation,
his/her vacation schedule for such an additional vacation, if any, shall be
determined pursuant to Section 4 of this Article. Vacations shall not be
changed without thirty (30) days notice, or the consent of the employee
involved. If any employee voluntarily responds to a Company request to
return from his/her vacation prior to its expiration date, he/she shall be
reimbursed for all out-of-pocket expense in connection with such recall and
allotted an additional vacation period for the untaken vacation time.
Section 7. Retiree Pro-rata Vacation Pay: Any employee who retires
prior to June 1st of any calendar year at the retirement age prescribed by
the Social Security laws of the United States and who has given to the
Company a two (2) month notice in writing in advance of his/her intention to
do so shall be paid the pro-rata vacation pay earned by such employee, the
amount of which is to be determined by provisions of Section 1, 2, and 3 of
Article V.
Section 8. Holidays and Holiday Pay: Employees who qualify hereunder
shall be paid for eight (8) hours straight-time pay for each of the
following holidays or the dates on which they are observed, though no work
shall be performed on such days:
New Years' Day Fourth of July
Dr. Martin Luther King's Birthday Labor Day
Washington's Birthday Thanksgiving Day
Good Friday Friday after Thanksgiving Day
Memorial Day One Floating Holiday -
Christmas Eve Day See Section 9 below
Christmas Day
Employees who work on said holidays shall be paid, in addition to
eight (8) hours holiday pay, double time for all time worked. An employee
shall be eligible for holiday pay who shall have been employed for a period
of sixty (60) calendar days before such holiday and has met one of the
following additional conditions:
(a) Worked the regularly scheduled workday preceding and the regularly
scheduled workday succeeding the holiday, unless an absence for
one of such days shall be excused for good cause, substantiated by
the employee, or
(b) Been at work in the two (2) weeks preceding said holiday and laid
off during such preceding two (2) weeks, or
(c) Is on a bona fide leave of absence starting within the two (2)
weeks immediately preceding such holiday, or on the workday
immediately following such holiday, or
(d) If no work is scheduled between two (2) holidays, to be eligible
for pay for both holidays, an employee must work his/her preceding
scheduled workday and his/her scheduled workday succeeding such
holidays. To be eligible for pay for one (1) of the holidays, an
employee must work either his/her scheduled workday preceding the
first holiday or his/her scheduled workday succeeding the second
holiday.
(e) An employee who fails to work any portion of the last hour on the
regularly scheduled workday preceding and the regularly scheduled
workday succeeding a holiday or holidays, shall not lose holiday
pay for such holidays if excused by the Company for good cause.
Section 9. Floating Holiday: Subject to the eligibility requirements
for holiday pay, the recognized holidays hereunder shall include one (1)
additional holiday, designated as a "floating holiday". The Company shall
select the day on which such holiday will be observed and shall give not
less than two (2) weeks notice prior to the date on which such floating
holiday will be celebrated.
ARTICLE VI
WAGES
Section 1. Rates: Effective July 3, 2000 each employee shall receive a
three percent (3%) increase in his/her straight time hourly rate of pay.
Effective July 2, 2001 each employee shall receive an additional three
percent (3%) increase in his/her straight time hourly rate of pay. Effective
July 1, 2002 each employee shall receive an additional three percent (3%)
increase in his/her straight time hourly rate of pay. These rates already
include any increases that might have occurred by right of Section 2., Cost
of Living of this Article VI.
The wage rate, to be paid under the terms of this Agreement to
employees in each occupational classification, are those appearing in
Appendix "A" which reflect said wage increase and is attached hereto and
made a part hereof. Such rates are minimum rates of pay only. The Company
may not pay less than those rates, but nothing in this Agreement shall
prevent the payment of rates higher than those listed in said schedule.
Section 2. Cost of Living: If for the month of May 2001, the Revised
Consumer Price Index for Urban Wage Earners and Clerical Workers, all items
for Chicago published by the Bureau of Labor Statistics of the U.S.
Department of Labor (or any successor agency thereto) (1967 = 100) has
increased by more than four (4) points above said Index for the month of May
2000, then one (1c) cent shall be added to the hourly wage rates as set
forth in Appendix "A" hereof and which are in effect from July 1, 2001 until
July 1, 2002 for each full four-tenths (.4) of a point which said Index has
risen above said four (4) points up to a maximum of fifteen (15c) cents.
If for the month of May 2002 said Index has increased by more than
four (4) points above said Index for the month of May 2001, then one (1c)
cent shall be added to the hourly wage rates as set forth in Appendix "A"
hereof and which are in effect from July 1, 2002 until July 1, 2003 for each
full four-tenths (.4) of a point which said Index has risen above said four
(4) points up to a maximum of fifteen (15c) cents.
Section 3. New Classifications: Prior to establishing a new
classification, the Union shall be advised of the Company's intention and
the rate which the Company wishes to apply. After thirty (30) days of
operation but before sixty (60) days, either party may request negotiations
on the rate for the new classification. The rate resulting from these
negotiations shall become the permanent rate. In the event no request is
made to negotiate a change in the rate as to the new classification, it is
understood that the established rate shall be the effective rate.
Section 4. Upgrading:. An employee being upgraded, who has not
previously worked in the classification to which he/she is upgraded, shall
be placed in the next higher rate in the progression plan of the new
classification above the rate being paid to such employee prior to the
upgrading. If the employee has previously worked in the classification to
which he/she is upgraded, he/she shall receive the rate to which the amount
of his/her previous experience entitles him/her. Such changes in the rate
shall be paid retroactive from the first day worked following such transfer
who successfully completes the two (2) week trial period. To be eligible
for a rate change, an employee must have worked at least four hundred (400)
hours and a period of at least thirteen (13) weeks shall have elapsed since
his/her first employment or his/her last classification change.
Section 5. New Experienced Employees: New employees who have worked
during the last eighteen (18) months in the type of work available and whose
previous experience can be verified shall be placed on two (2) weeks trial
period at the starting rate of pay in their respective classifications and
at the expiration of such trial period, if retained in the employ of the
Company, shall be given credit in the automatic progression plan, as
outlined in Appendix "A" hereof for their proved experience in similar work.
Section 6. Payday: Wages shall be paid on Friday of each week and shall
include all work performed up until twelve (12) midnight of the previous
Sunday.
Section 7. Piece Work: If the Company utilizes a piece work incentive
or bonus plan, the operations of such a plan shall be covered by the
provisions of Appendix "C" hereof.
Section 8. Pension Plan: During the term of this Agreement, the
Company shall maintain for each of the employees covered by this Agreement a
Pension Benefits Plan. The Company and the Union have agreed to a pension
benefits plan named the National Industrial Group Pension Plan.
The employee pension plan is funded solely by the Company and the
contribution rate is based on cents per hour paid as follows:
Effective July 3, 2000 _ thirty-four cents (34c) per hour will be
contributed for each employee based upon hours paid of this Agreement.
Effective July 2, 2001 - an additional three cents (3c) per hour will
be contributed for a new total of thirty-seven cents (37c) based upon all
hours paid during the second year of this Agreement.
Effective July 1, 2002 - an additional three cents (3c) per hour will
be contributed for a new total of forty cents (40c) based upon all hours
paid during the third year of this Agreement.
ARTICLE VII
INSURANCE
During the term of this Agreement, the Company will maintain for the
employees covered by this Agreement, an insurance policy with a responsible
insurance company with coverages and provisions set forth in Appendix "B" of
this Agreement. The premium per week per employee, one (1) dependent and
family coverage is guaranteed unchanged for the first year of this contract.
HMO Plan: Employee - $ 2.74 per week
Employee + 1 Dependent - $ 9.19 per week
Family - $ 15.65 per week
PPO Plan: Employee - $ 17.55 per week
Employee + 1 Dependent - $ 43.71 per week
Family - $ 70.87 per week
For the second and third years of the contract, premium increases will
be shared on a 50/50 basis only if the premium is increased over six percent
(6%) for each year of the contract.
This article applies only to employees with sixty (60) days or more of
seniority but does not apply to part-time employees.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Saving Clause: All benefits affecting the employees covered
by this Agreement presently in effect and which are not definitely referred
to or changed herein, shall remain in effect during the life of this
contract.
Section 2. Bulletin Board: A bulletin board will be provided by the
Company for the Union's use. The Union shall have the privilege of posting
notices concerning its official business and social activities upon such
bulletin board. Where the size of the plant requires it, more than one (1)
bulletin board will be furnished by the Company.
Section 3. Election Day: In conformity with the laws of the State of
Illinois, employees who are legitimate registered voters will be given time
off not to exceed two (2) hours for voting at general elections. At the
time of an election in which a President of the United States will be
selected, employees will be given paid time off not to exceed two (2) hours.
Section 4. Supervisors: Departmental production supervisors shall not
engage in production work, except such production work may be undertaken
when instructing new employees, breaking in a new job, correcting faults of
production procedures and dealing with emergencies.
Section 5. Right of Access: Authorized Union officers or
representatives shall have access to the factory during business hours upon
reasonable notification to the Company for investigation and adjustment of
matters covered by or arising under this Agreement.
Section 6. Conflict with State and Federal Law: Should any provision of
this Agreement be declared illegal by any court of competent jurisdiction
such provision shall immediately become null and void leaving the remainder
of the Agreement in full force and effect and the parties shall thereupon
seek to negotiate substitute provisions which are in conformity with the
applicable law.
Section 7. Female Employees: There shall be equal pay for equal work
performed regardless of the sex of the employee. There shall be no
discrimination in wages, hours, or other terms or conditions of employment,
or in training or upgrading, on account of the sex or marital status of the
employee.
Section 8. Paid Leave of Absence: In instances of the death of a member
of the immediate family of a regular employee, the Company will, where
required, grant a paid leave of up to three (3) regular working days to
enable such employee to attend the funeral and otherwise assist in
arrangements pertaining to the burial of such member of the family. An
employee who travels a long distance to attend a funeral or services shall
be authorized one (1) additional day following the funeral or services, but
not to exceed three (3) days pay. Each day's pay shall consist of the
employee's regular rate of eight (8) hours. The term "immediate family", as
used herein, is defined as consisting of the following members only: Mother,
Father, Husband, Wife, Children, Brother, Sister, Mother-in-law, Father-in-
law, Grandparents, Grandparents-in-law and Grandchildren. Where a death
occurs to any such member of the employee's family, he/she shall make
application to the Human Resources Director for such paid leave. Such paid
leave will not be granted in instances when the employee, otherwise
eligible, does not attend the funeral. The employee absent on a paid leave
shall not be eligible for, or notified of, any overtime which is scheduled
during the period of such employee's leave.
This provision is not applicable if you are on a formal leave of
absence, on a company designated holiday or during periods of vacation.
Section 9. Jury Service: An employee who shall have been employed sixty
(60) calendar days immediately prior to reporting for jury duty and who
performs jury service shall be paid an amount for each day of the regular
workweek that such employee performs jury service as shall equal eight (8)
hours of straight-time pay at the employee's regular hourly rate less the
jury fee legally payable to such employee for that day of jury service. An
employee shall have performed jury service on any day that such employee
reports to Court for jury service pursuant to an Order of Court. The
payments as provided herein shall be for the entire period of service on a
jury pursuant to an Order of Court. To be entitled to receive such jury
service pay differential, such employee shall furnish the Human Resources
Director of the Company a voucher from the Court wherein such jury service
is performed setting forth the number of days of jury service and the jury
fees paid to such employee for jury service.
In the event an employee performs jury service on a day for which such
employee receives a vacation and/or holiday pay, such employee shall not be
paid jury service pay differential for that day. An employee who is on
leave of absence, layoff, paid death leave, or who is accruing Workers'
Compensation benefits shall not be paid jury service pay differential while
on such status. An employee performing jury service shall return to work on
his/her first regular workday after being excused from such jury service.
Section 10. Safety and Health Provisions: The Company shall make
reasonable provisions for the safety and health of employees during working
hours and shall provide all reasonable protective devices and other
equipment to protect them from injury.
Section 11. Union Employee Educational Assistance Program:
(A) Education Eligibility Requirements:
1. Educational courses must be related to the classification of
work being or to be performed by the employee.
2. Such courses and institutions must be approved by the Company
prior to enrollment.
3. Courses are to be taken during non-scheduled working hours.
(B) Amount of Reimbursement:
1. For employees who complete specialized courses, the Company
will pay up to 100% of the tuition charges per semester at
the satisfactory (grade "C" or better) completion of the
course material in an approved school.
2. When education expenses are partially paid by assistant-
ships, scholarships, fellowships, or G.I. Bill Benefits,
tuition reimbursements is based on the net amount actually
paid by the employee, excluding amounts paid through
assistantship, scholarships, fellowships, or G.I. Bill
Benefits.
(C) Method of Reimbursement:
1. To be eligible for tuition refund, the employee must, prior
to the time of enrollment, fill out an application form per
semester, for course(s) contemplated.
2. Obtain the approval of the employee's supervisor who in turn
will get the Company approval through Human Resources.
3. Upon completion of course(s), submit to the employees
supervisor a written statement from the school stating that
the course(s) have been satisfactorily completed. This is
usually a copy of the grade statement.
4. A tuition receipt.
The supervisor will forward this information to the Human
Resources Director and within two (2) weeks the employee will
receive a check containing the proper tuition refund as well
as his/her tuition receipt and grade statement.
5. If for any reason employment is terminated before completion
of the program, then the Company's obligation ceases.
Section 12. Call-in Sick / Personal Day: Each regular employee of the
Company shall be eligible for a call-in sick/personal day of one (1) each
contract year. Such day is not cumulative from year to year but the Company
will pay the employee by July 1 of each contract year for the day not taken.
One (1) such day shall equal eight (8) hours pay at the employee's regular
hourly rate of pay.
Section 13. Inventory Shutdown Scheduling: The Company will schedule
inventory by departmental seniority, and shall, in the event that additional
employees are required in the stock room area, first ask former stock room
area employees to work.
Section 14. Severance Plan: The Company will agree to negotiate a
severance plan if the plant operations were to move beyond a radius of more
than twenty (20) miles from the Chicago plant.
Section 15. 401K Savings Plan: The Company agrees to start up and
administer a 401K Savings Plan if thirty percent (30%) or more participation
is achieved.
Signed this______day of_______________, 2000.
Local 1031,
International Brotherhood
Wells Gardner Of Electrical Workers,
Electronics Corporation AFL-CIO
______________________________ ______________________________
Anthony Spier Jose A. Caez
President Business Manager/Financial Sec'y
ATTACHED TO AND MADE PART OF AGREEMENT BETWEEN WELLS-GARDNER ELECTRONICS
CORPORATION AND LOCAL 1031, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFL-CIO, FOR PERIOD JULY 3, 2000 UNTIL JUNE 29, 2003.
APPENDIX "A"
WAGE SCALE EFFECTIVE 07/03/2000 THROUGH 06/29/2003
JOB CLASSIFICATION START 2MO 3MO
------------------ ----- ----- -----
2-8 Sweeper
3-2 Assy., Wirer-Solderer
3-5 Riveter
Effective 07/03/00 7.54 10.84 10.94
Effective 07/02/01 7.77 11.17 11.27
Effective 07/01/02 8.00 11.51 11.61
START 2MO 12MO 24MO 36MO
----- ----- ----- ----- -----
Hired After 7/1/97 7.11 7.75 8.38 9.66 Refer to
3 month
rate above
3MO
G.L. Specialist -----
Effective 07/03/00 11.54
Effective 07/02/01 11.89
Effective 07/01/02 12.25
JOB CLASSIFICATION START 2MO 3MO
------------------ ----- ----- -----
4-1 Wire Cutting Machine Operator
4-3 Bailer-Sweeper
4-5 Packer-Final Assembly
4-6 Coin
Effective 07/03/00 7.56 10.95 11.15
Effective 07/02/01 7.79 11.28 11.48
Effective 07/01/02 8.02 11.62 11.82
START 2MO 12MO 24MO 36MO
----- ----- ----- ----- -----
Hired After 7/1/97 7.13 7.78 8.43 9.72 Refer to
3 month
3MO
G.L. Specialist -----
Effective 07/03/00 11.54
Effective 07/02/01 11.89
Effective 07/01/02 12.25
ATTACHED TO AND MADE PART OF AGREEMENT BETWEEN WELLS-GARDNER ELECTRONICS
CORPORATION AND LOCAL 1031, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFL-CIO, FOR PERIOD JULY 3, 2000 UNTIL JUNE 29, 2003.
APPENDIX "A" CONT'D
WAGE SCALE EFFECTIVE 07/03/2000 THROUGH 06/29/2003
JOB CLASSIFICATION START 2MO 6MO
------------------ ----- ----- -----
5-1 Heavy Packer
5-2 Stockkeeper, Stock Delivery
5-5 Rivet/Pems Set-Up Oper.
5-6 Prepare & Operate Insertion Machine
5-7 Automatic Checking Machine Operator
Effective 07/03/00 7.63 11.02 11.23
Effective 07/02/01 7.86 11.35 11.57
Effective 07/01/02 8.10 11.69 11.92
START 2MO 12MO 24MO 36MO
----- ----- ----- ----- -----
Hired After 7/1/97 7.19 7.87 8.54 9.89 Refer to
6 month
rate
above
6MO
G.L. Specialist -----
Effective 07/03/00 11.60
Effective 07/02/01 11.95
Effective 07/01/02 12.31
JOB CLASSIFICATION START 2MO 6MO
------------------ ----- ----- -----
6-1 Solder Pot Operator
Effective 07/03/00 7.74 10.95 11.28
Effective 07/02/01 7.97 11.28 11.62
Effective 07/01/02 8.21 11.62 11.97
7-2 Wire Cutting Mac, Set-Up & Oper.
7-5 Riding Power Vehicle Operator
7-7 Assy. Inspector
7-8 Relief & Repair Operator
Effective 07/03/00 7.80 11.23 11.53
Effective 07/02/01 8.03 11.57 11.88
Effective 07/01/02 8.27 11.92 12.24
ATTACHED TO AND MADE PART OF AGREEMENT BETWEEN WELLS-GARDNER ELECTRONICS
CORPORATION AND LOCAL 1031, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFL-CIO, FOR PERIOD JULY 3, 2000 UNTIL JUNE 29, 2003.
APPENDIX "A" CONT'D
WAGE SCALE EFFECTIVE 07/03/2000 THROUGH 06/29/2003
JOB CLASSIFICATION START 2MO 6MO
------------------ ----- ----- -----
7-11 Building Fireperson
Effective 07/03/00 7.90 11.36 11.62
Effective 07/02/01 8.14 11.70 11.97
Effective 07/01/02 8.38 12.05 12.33
G.L. Specialist
Effective 07/03/00 11.91
Effective 07/02/01 12.27
Effective 07/01/02 12.64
JOB CLASSIFICATION START 2MO 6MO 9MO
------------------ ----- ----- ----- -----
8-2 Tester-Phaser "B" (Printed Boards)
8-3 Bonding Machine Operator
8-4 Fine Patcher
Effective 07/03/00 8.01 11.41 11.54 11.77
Effective 07/02/01 8.25 11.75 11.89 12.12
Effective 07/01/02 8.50 12.10 12.25 12.48
6MO
G.L. Specialist -----
Effective 07/03/00 12.16
Effective 07/02/01 12.52
Effective 07/01/02 12.90
JOB CLASSIFICATION START 2MO 6MO 9MO 12MO
------------------ ----- ----- ----- ----- -----
10-2 Tool Crib Worker
Effective 07/03/00 8.20 11.60 11.71 11.86 11.99
Effective 07/02/01 8.45 11.95 12.06 12.22 12.35
Effective 07/01/02 8.70 12.31 12.42 12.59 12.72
11-2 Tester
11-6 Cabinet Finisher
Effective 07/03/00 8.27 11.66 11.79 11.91 12.09
Effective 07/02/01 8.52 12.01 12.14 12.27 12.45
Effective 07/01/02 8.78 12.37 12.50 12.64 12.82
12MO
G.L. Specialist -----
Effective 07/03/00 12.52
Effective 07/02/01 12.90
Effective 07/01/02 13.29
ATTACHED TO AND MADE PART OF AGREEMENT BETWEEN WELLS-GARDNER ELECTRONICS
CORPORATION AND LOCAL 1031, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFL-CIO, FOR PERIOD JULY 3, 2000 UNTIL JUNE 29, 2003.
APPENDIX "A" CONT'D
WAGE SCALE EFFECTIVE 07/03/2000 THROUGH 06/29/2003
JOB CLASSIFICATION START 2MO 6MO 9MO 12MO
------------------ ----- ----- ----- ----- -----
12-4 Precision Mechanical Assembler
12-9 Final Line Inspector(Comp.Prod.)
Effective 07/03/00 8.32 11.86 11.94 12.10 12.27
Effective 07/02/01 8.57 12.22 12.30 12.46 12.64
Effective 07/01/02 8.83 12.59 12.67 12.83 13.02
12-10 Master Cabinet Finisher
Effective 07/03/00 8.40 11.91 12.03 12.15 12.32
Effective 07/02/01 8.65 12.27 12.39 12.51 12.69
Effective 07/01/02 8.91 12.64 12.76 12.88 13.07
*12-12 Maintenance "B"
Effective 07/03/00 8.74 12.14 12.31 12.52 12.98
Effective 07/02/01 9.00 12.50 12.68 12.90 13.37
Effective 07/01/02 9.27 12.88 13.06 13.29 13.77
G.L. Specialist
Effective 07/03/00 12.76
Effective 07/02/01 13.14
Effective 07/01/02 13.53
13-1 Analyzer
Effective 07/03/00 9.12 12.59 12.69 12.82 12.98
Effective 07/02/01 9.39 12.97 13.07 13.20 13.37
Effective 07/01/02 9.67 13.36 13.46 13.60 13.77
14-1 Master Analyzer
14-2 Maintenance "A"
Effective 07/03/00 9.67 13.26 13.57
Effective 07/02/01 9.96 13.66 13.98
Effective 07/01/02 10.26 14.07 14.40
G.L. Specialist
Effective 07/03/00 14.15
Effective 07/02/01 14.57
Effective 07/01/02 15.01
15-1 Senior Master Analyzer
Effective 07/03/00 16.60
Effective 07/02/01 17.10
Effective 07/01/02 17.61
G.L. Specialist
Effective 07/03/00 17.36
Effective 07/02/01 17.88
Effective 07/01/02 18.42
* Education Bonus 1 Course 10c per hour
(after maximum rate) 2 or more Courses 10c per hour (additional)
ATTACHED TO AND MADE PART OF AGREEMENT BETWEEN WELLS-GARDNER ELECTRONICS
CORPORATION AND LOCAL 1031, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFL-CIO, FOR PERIOD JULY 3, 2000 UNTIL JUNE 29, 2003.
APPENDIX "B"
THE INSURANCE COVERAGE FOR EMPLOYEES AND DEPENDENTS
COVERED BY THIS AGREEMENT
NON-OCCUPATIONAL - WEEKLY DISABILITY BENEFITS:
(EMPLOYEES ONLY)
Benefits are payable for accident from the first (1st) day and for
sickness from the eighth (8th) day for a period up to thirteen (13) weeks
for any one (1) disability.
The weekly benefits are:
Effective 07/01/2000 - $205.00
Effective 07/01/2001 - $210.00
Effective 07/01/2002 - $215.00
LIFE INSURANCE: (Employees Only)
Effective 07/01/2000 - $16,000 (AD&D - $16,000)
Effective 07/01/2001 - $17,000 (AD&D - $17,000)
Effective 07/01/2002 - $18,000 (AD&D - $18,000)
DENTAL INSURANCE PLAN:
Effective the first year of this Agreement, Olympia Plan 1500. The
premium cost of this plan shall be $10.00 per month for the employee
coverage to be paid entirely by the Company for the three (3) year term of
this Agreement. The premium cost of this plan for single plus one coverage
shall be $17.00 and family coverage shall be $20.00 per month. An employee
may elect to secure this coverage for his/her dependents at a premium cost
of $1.79 per week to be paid for by the employee for the three (3) year term
of this Agreement.
OPTICAL PLAN OFFERED BY UNITED OPTICAL INC.:
Covers employee and dependents. Entire premium cost to be paid for by
the Company for the three (3) year term of this Agreement.
CONTINUATION OF INSURANCE COVERAGE:
Temporary Lay-off:
An insured, temporarily laid-off employee will be covered by insurance
benefits at no cost until the end of the month in which the layoff occurs.
ATTACHED TO AND MADE PART OF AGREEMENT BETWEEN WELLS-GARDNER ELECTRONICS
CORPORATION AND LOCAL 1031, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFL-CIO, FOR PERIOD JULY 3, 2000 UNTIL JUNE 29, 2003.
APPENDIX "B" (CONT'D)
If a temporarily laid-off employee desires to continue the insurance,
all coverages, except weekly disability benefits, may be continued for a
period not to exceed six (6) months, providing the laid-off employee makes
the first premium payment in full for the following month within seven (7)
days from the date of the layoff, or the first of the following month,
whichever occurs first.
Sick Leave:
The insurance for an employee on sick leave will be paid by Wells-
Gardner Electronics Corporation for three (3) months. If the employee
wishes to continue his/her insurance after this period, he/she may do so for
an additional three (3) months, provided the required monthly premium is
paid by the employee to Wells-Gardner Electronics Corporation before the end
of the third month of sick leave and monthly thereafter.
All employees shall be provided together with their dependents all
rights under COBRA.
Total Disability of Employee:
In the event an employee becomes totally disabled, as determined by the
provisions and regulations of the Social Security laws, the Company will pay
the entire premium cost for the continuation of such employee's medical
insurance coverage for a period of up to two (2) years or until such
employee reaches age sixty-five (65), whichever occurs first.
Death of Employee:
In the event an employee dies while in the active employ of the
Company, the Company will pay the entire premium cost for the continuation
of the medical insurance coverage for the spouse and dependent children for
a period up to one
(1) year; provided however that:
(1) Such medical insurance coverage shall cease upon the
remarriage of the spouse and provided also that,
(2) The spouse or dependent children shall not be eligible for
coverage under any other employer paid insurance plan.
ATTACHED TO AND MADE PART OF AGREEMENT BETWEEN WELLS-GARDNER ELECTRONICS
CORPORATION AND LOCAL 1031, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFL-CIO, FOR PERIOD JULY 3, 2000 UNTIL JUNE 29, 2003.
APPENDIX "C"
It is understood and agreed by the parties hereto that the Company may
continue and/or install a piece work or incentive system in its plant. Such
incentive plan must be mutually agreed to between the parties. In the event
it does so, piece work or incentive rates shall be established by the time
studies made by the Company and same may be revised. Employees shall have
the right to question the time study on any job which they believe to be
improperly timed. In such event the Company shall cause an investigation to
be made and if it believes that an error may have been committed, it shall
cause such job to be re-timed. In the event such re-timing is still
questioned or in the event the Company fails to re-time such job, the matter
may be handled according to the grievance procedure provided for in this
Agreement. It is understood and agreed that incentive rates will be so
adjusted as to compensate employees working on the incentive basis for the
rest periods without additional pay thereafter.