A G R E E M E N T
BT OFFICE PRODUCTS INTERNATIONAL
and
GENERAL TEAMSTERS, CHAUFFEURS, AND HELPERS
LOCAL UNION NO. 249
1998 - 2001
-i-
TABLE OF CONTENTS
Page
UNION RECOGNITION............................................................1
TRANSFER OF COMPANY TITLE OR INTEREST........................................2
UNION SECURITY AND CHECKOFF..................................................3
JOB CLASSIFICATION AND WAGE RATES............................................4
ADDITIONAL HOUR AND WAGE REGULATIONS.........................................5
HOLIDAY COMPENSATION.........................................................9
VACATIONS....................................................................12
SENIORITY....................................................................13
MANAGEMENT RIGHTS............................................................15
SUSPENSION AND DISCHARGE.....................................................16
GRIEVANCE PROCEDURE..........................................................16
SHOP STEWARDS................................................................19
PROTECTION OF RIGHTS.........................................................19
LEAVE OF ABSENCE.............................................................19
ALLOWANCE FOR TIME OFF FOR DEATH IN THE FAMILY...............................20
ALLOWANCE FOR JURY SERVICE...................................................21
RESPONSIBILITIES OF THE PARTIES..............................................21
GENERAL PROVISIONS...........................................................22
INSURANCE....................................................................24
PROFIT SHARING AND PAYROLL SAVINGS PLANS.....................................25
CASUAL/NON-REGULAR EMPLOYEES.................................................25
TERMINATION..................................................................27
AGREEMENT
Made and entered into between BT OFFICE PRODUCTS INTERNATIONAL
of Pittsburgh, Pennsylvania, hereinafter referred to as the Employer, and the
GENERAL TEAMSTERS, CHAUFFEURS AND HELPERS, LOCAL UNION NO. 249, affiliated with
the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS
OF AMERICA, hereinafter referred to as the Union.
This Agreement is in place of all other agreements, oral or
written, between the Union and the Company or its predecessor; the Union agrees
to save the Company harmless from any claim made or purported to be made under
any Agreement between the Union and the Company or its predecessor, prior to the
date of this Agreement.
WITNESSETH:
WHEREAS, the parties hereto are desirous of entering upon an
Agreement as to wage rates, hours and other conditions of employment, and to do
away with the possibility of strikes, boycotts, lockouts and the like.
NOW, THEREFORE, the Employer and the Union acting by and
through their duly authorized agents hereby agree as follows:
ARTICLE I
UNION RECOGNITION
(a) The Employer recognizes and acknowledges that the Local
Union is the sole and exclusive representative of all employees in the
classifications of work covered by this Agreement for the purpose of collective
bargaining as provided by the National Labor Relations Act.
ARTICLE II
TRANSFER OF COMPANY TITLE OR INTEREST
(a) This Agreement shall be binding upon the parties hereto,
their successors, administrators, executors and assigns. In the event an entire
operation or any part thereof is sold, leased, transferred or taken over by
sale, transfer, lease, assignment, receivership or bankruptcy proceedings, such
operation shall continue to be the subject to the terms and conditions of this
Agreement for the life thereof. It is understood by this Section that the
parties hereto shall not use any leasing device to a third party to evade this
Contract.
(b) The Employer shall give notice of the existence of this
Agreement to any purchaser, transferee, lessee, assignee, and etc., of the
operations covered by this Agreement or any part thereof. Such notice shall be
in writing with a copy to the Union at the time the seller, transferor or lessor
executes a contract of transaction as herein described.
(c) In the event the Employer fails to give the notice herein
required, the Employer shall be liable to the Union and to the employees covered
for all damages sustained as a result of such failure to require assumption of
the terms of this Contract.
ARTICLE III
UNION SECURITY AND CHECKOFF
(a) Union Security. All present employees who are members of
the Local Union on the effective date of this subsection or on the date of
execution of this Agreement, whichever is the later, shall remain members of the
Local Union in good standing as a condition of employment. All present employees
who are not members of the Local Union and all regular employees who are hired
hereafter shall become and remain members in good standing to the Local Union as
a condition of employment on and after the ninetieth (90th) work day following
their hire or the effective date of this Agreement, whichever is the later. This
provision shall be made and become effective as of such time as it may be made
and become effective under the provisions of the National Labor Relations Act,
but not retroactively.
(b) The failure of any person to become a member of the Union
at the required time shall obligate the Employer, upon written notice from the
Union to such effect and to the further effect that Union membership was
available to such person on the same terms and conditions generally available to
other members, to forthwith discharge such person. Further, the failure of any
person to maintain his Union membership in good standing as required herein
shall, upon written notice to the Employer by the Union to such effect, obligate
the Employer to discharge such person.
(c) In the event of any change in the law during the term of
this Agreement, the Employer agrees that the Union will be entitled to receive
the maximum Union Security which may be lawfully permissible.
(d) No provision of this Article shall apply in any state to
the extent that it may be prohibited by state law. If under applicable state
law, additional requirements must be met before any such provision may become
effective, such additional requirements shall first be met.
(e) If any provision of this Article is invalid under the law
of any state wherein this Agreement is executed, such provision shall be
modified to comply with the requirements of state law or shall be renegotiated
for the purpose of adequate replacement. If such negotiation shall not result in
a mutually satisfactory Agreement, the Union shall be permitted all legal
recourse.
(f) When the Employer needs additional workers, he shall give
the Local Union equal opportunity with all other sources to provide suitable
applicants, but the Employer shall not be required to hire those referred by the
Local Union.
(g) Checkoff. The Employer agrees to deduct from the pay of
all regular employees covered by this Agreement, the dues, initiation fees
and/or uniform assessments of the Local Union and agrees to remit to said Local
Union all such deductions prior to the end of the month for which the deduction
is made. Written authorization by the employees shall be furnished.
ARTICLE IV
JOB CLASSIFICATION AND WAGE RATES
(a) The following are the job classifications of employees in
the bargaining unit covered by this Agreement and the basic hourly rate of
compensation to be paid to the employees in their respective classifications. It
is understood, however, that no compensation in this Agreement shall be
construed as other than a minimum and no maximum wage shall be set up for any
classification or employee.
Effective March 1, January 15, January 15, January 15,
1998 1999 2000 2001
Upon Hire 8.25 8.35 8.45 8.55
After Probation 8.75 8.85 8.95 9.05
After 12 Months 9.80 10.00 10.10 10.20
Continuous Service
(b) Employees hired on or before March 1, 1992 will continue
to receive their current rate through the life of this Agreement. In addition,
each employee hired on or before May 1, 1992 and covered by this Agreement who
remains in the active employ of the Company as of the execution of this
Agreement will receive a bonus of $250.00 on the first pay period after March 1,
1998. Thereafter, each employee hired on or before May 1, 1992 and covered by
this Agreement who remains in the active employ of the Company as of January 15
of each succeeding year during the term of this contract will receive a bonus of
$250 on the first pay period after January 15, 1999, 2000, and 2001.
ARTICLE V
ADDITIONAL HOUR AND WAGE REGULATIONS
(a) The regular guaranteed work week for all regular employees
hired before March 2, 1992 covered by this Agreement shall consist of five (5),
eight (8) hour days of forty (40) hours work, Monday through Friday. The regular
work week for all regular employees hired on or after March 2, 1992 shall
consist of eight (8) hour days, Monday through Friday.
(b) The Union and the Company understand that competitive
wages and benefits, as well as job security, are dependent upon BT OPI's ability
to satisfy its customers. To help BT OPI, every employee agrees to work
productively and to provide a fair day's work for a fair day's pay.
(c) All time worked by regular employees outside the regular
posted work schedule shall be considered as overtime and shall be paid for at
time and one-half (1 1/2) the regular hourly rate. This shall include, but not
be limited to, work during scheduled lunch period or for hours worked prior to
the regular scheduled daily starting time.
(d) All hours worked on shifts commencing at or after 11:00
p.m. and before 6:00 a.m.shall receive a shift differential of thirty-five cents
($.35) per hour. All hours worked on shifts commencing at or after 1:00 p.m. but
before 11:00 p.m. shall receive a shift differential of twenty-five cents ($.25)
per hour.
(e) The Employer agrees to provide no less than one (1) week
notice of any shift change.
(f) All regular work performed on Sundays shall be paid at the
rate of double time or twice the regular rate of pay, unless the work performed
is part of the employee's regular Monday morning shift and no more than two
hours of that shift is worked on the previous Sunday night.
(g) A split shift shall not be permitted at any time. All
hours worked on any workday must be consecutive.
(h) All regular employees covered by this Agreement shall
receive one-half (1/2) hour for lunch each day without pay.
(i) For all time worked, in excess of eight (8) hours in any
regular workday, time and one-half (1 1/2) shall be paid and/or for all time
worked in excess of forty (40) hours in any week, the rate of pay shall be time
and one-half (1 1/2) the regular rate.
(j) No employee shall be laid off before his regular scheduled
daily quitting time or during any regular weekly work schedule for the purpose
of offsetting any overtime the employee has worked during the same workweek or
any pay period.
(k) 1. Any regular employee who is scheduled or notified to
report and does report for work shall be provided with and assigned to at least
eight (8) hours of work on the job for which he was scheduled or notified to
report, or, the event such work is not available, shall be assigned or
reassigned to another job at the same rate or pay. In the event that when he
reports for work no work is available, he shall be released from duty and
credited with a reporting allowance of eight (8) times his regular basic hourly
rate of pay. An employee who starts to work and is released from duty before he
works at least eight (8) hours shall be paid for hours worked and credited with
a reporting allowance equal to his regular basic hourly rate of pay multiplied
by the unutilized portion of the eight (8) hour minimum.
2. The provisions of this Section shall not apply in the event
that:
(a) Strikes, work stoppages in connection with labor
disputes, failure of utilities beyond the control of
Management, or acts of God interfere with work being
provided; or
(b) An employee is not put to work, or is laid off after
having been put to work, either at his own request or
due to his own fault;
(c) An employee refuses to accept an assignment or
reassignment within the first eight (8) hours as
provided in Paragraph 1 above; or
(d) In the event the Employer desires to alter starting or
closing times, the employees must be notified of such
change at least one (1) week preceding the workweek
such schedule changes are to become effective.
(l) An employee shall not be paid both daily and weekly
overtime compensation for same hours so worked and in no case shall overtime
compensation be duplicated or pyramided.
(m) Employees covered by this Agreement shall be paid
bi-weekly.
(n) During the term of this Agreement, each full-time
nonprobationary employee will be eligible for monthly bonuses based on warehouse
thruput and warehouse quality. The bonuses will be paid according to the
following table:
THRUPUT BONUS QUALITY BONUS
Aug. Mo'ly Thruput Mo'ly Payment Mo'ly Error Rate Mo'ly Payment
23.7 $25.00 .32% $25.00
24.2 $29.16 .27% 29.16
24.7 $33.33 .24% 33.33
25.2 $37.50 .21% 37.50
25.7 $41.66 .16% 41.66
26.2 $45.83 .13% 45.83
26.7 $50.00 .10% 50.00
Warehouse thruput will be measured by total splitcase lines
plus total bulk lines divided by total paid hours including direct and indirect
activity and any other factors used in making thruput calculations for reports
generated for corporate headquarters. The warehouse error rate will be
calculated based on management designated quality checks, with a minimum of
10,000 lines checked per month. Total warehouse thruput and error rate will be
posted weekly. Employees must work at least 120 hours during a month to be
eligible for the bonus. Paid vacation time, paid sick days and paid holidays
will count as hours worked for the purposes of meeting this requirement.
(o) Year-end Catch-up Bonus
During the life of this Agreement, at the end of each calendar
year, total annual thruput average for that year will be calculated. The monthly
payment corresponding to that number from the table in Section (n) will then be
multiplied by twelve. If that total exceeds the amounts already paid out during
the year under the productivity bonus, eligible employees will receive the
difference by the end of January in the following year. Similarly, the average
annual error rate will be calculated. If the corresponding monthly payment
multiplied by twelve exceeds the amount already paid in the monthly bonuses, the
difference will be paid by the end of January in the following year.
(p) The Union shall have the right to audit company
productivity and quality records to ensure the accuracy of the figures used.
Audit requests shall be made in good faith and shall extend only to those
records necessary to verify proper payment.
ARTICLE VI
HOLIDAY COMPENSATION
(a) The following and any other additional days the employer
deems desirable to observe as holidays shall be recognized as regular holidays:
New Year's Day Labor Day
Good Friday Thanksgiving Day
Decoration Day Day after Thanksgiving
Independence Day Christmas Day
Day after Christmas
In addition to the above nine holidays, there shall
be two personal days granted for each full year worked. In the
year an employee is hired, the employee will receive two
personal days if hired on or before April 1 and one personal
day if hired on or before October 1. An employee hired after
October 1 will not receive a personal day in the year hired.
(b) Employees shall receive eight (8) hours of straight time
pay for each of the above-enumerated holidays.
(c) Should any of the above holidays fall on a Saturday or
Sunday, the preceding Friday or the following Monday shall be considered and
observed as a holiday.
(d) If a holiday occurs within a normal scheduled workweek,
such holiday, whether worked or not, shall be considered as hours worked for the
purpose of computing weekly overtime.
(e) When one (1) of the holidays falls during the regular
vacation of an employee entitled to holiday pay, such employee shall receive an
additional day off with pay. Such additional vacation days ("loose days") must
be scheduled one (1) week in advance for all months, except December. To be used
in December, loose days must be scheduled four (4) weeks in advance.
(f) Double time shall be paid for all hours worked on the
holidays named in paragraph (a) hereof. It is understood that no employee shall
receive more than a total of double time for the hours worked on such holidays.
(g) As used in this Article, an eligible employee is one who:
(1) Has worked at least fifteen (15) turns since his last
hire; and
(2) Performs work in the pay period during which the
holiday is observed; and
(3) Works as scheduled or assigned both on his last
scheduled workday prior to and his first scheduled
workday following the day on which such holiday is
observed, unless his failure to work is because of his
sickness or death in his immediate family, and unless
specific written permission is given by the Employer.
A doctor's certificate may be required by the
Employer.
(h) Regular employees hired shall be entitled to one (1) sick
day for each three (3) month period between their first anniversary date and the
next January 15, at which time said employee shall be entitled to four (6) sick
days per year thereafter. Sick days will not be used prior to or after a
compensated holiday. The employer may require proof of sickness. Sick days over
and above twenty (20) that are not used during the preceding year, shall be
redeemed by the employer at the employee's prevailing hourly rate at the end of
each contract year. Upon retirement or other termination without cause, BT OPI
will buy back all unused and accumulated sick days at the employee's current
rate of pay. At the end of each contract year, unused sick days from that year
shall be paid at 100% of the employee's hourly rate. Sick days taken during the
months of October through February shall be paid at 90% of the employee's hourly
rate. Sick days taken from March through September shall be paid at 100% of the
employee's hourly rate. The fifth and sixth sick days in any year shall be worth
four hours' pay instead of eight, whether used as a sick day, reimbursed at the
end of a year, or bought back upon retirement. For employees hired before March
2, 1992, the fifth sick day each year shall be worth eight hours' pay.
ARTICLE VII
VACATIONS
(a) Each eligible employee who on January 15 of any year has
completed as least six (6) months continuous service with the Employer shall be
entitled to a vacation with pay during that year of one (1) week.
(b) Each eligible employee who on January 15 of any year has
completed at least one (1) year's continuous service with the Employer shall be
entitled to a vacation with pay during that year according to the following
schedules:
Length of Continuous Service Vacation
Less than one year 3.6 hours per month
One (1) Year - Three (3) Years One (1) Week
Four (4) Years - Ten (10) Years Two (2) Weeks
Eleven Years or More Three (3) Weeks
(c) As used in this Article, a week of vacation means forty
(40) hours, made up of five (5) normal working days of eight (8) hours each
during a seven (7) day period.
(d) An eligible employee for purposes of this Article is one
who:
(1) has actually worked at least 1,200 hours during the
twelve (12) calendar months preceding the January 15
of the vacation year; (2) has not quit or been
discharged prior to January 15 of the vacation year.
Employees who quit or are discharged prior to January 15 of the vacation year
will receive payment for pro-rated vacation.
The remainder of Article VII is unchanged except that a new subsection (h) will
be added:
(e) Vacation pay shall be based upon the employee's applicable
straight time hourly rate of pay.
(f) Vacations shall as far as possible be granted at times
most desired by employees between June 1 and September 1, but the final right to
allotment of a vacation period is exclusively reserved to the Employer in order
to ensure orderly operations. Exceptions can be made upon mutual agreement.
(g) One week of vacation may be scheduled in single days.
However, those single days must be scheduled before March 1. Additional days and
single days may be used by employees, at the company's discretion, to cover
absences where an unforeseen emergency deprives employee of opportunity to call
off in advance and where all sick days have been used.
(h) Employees hired on or before January 9, 1986 shall continue
to receive vacation entitlement according to the schedule in the previous labor
agreement.
ARTICLE VIII
SENIORITY
(a) Seniority is defined as an employee's length of continuous
service with this Employer.
(b) In all cases of promotion or increase or decrease of
forces, the following factors shall be considered:
(1) Ability to perform the work;
(2) Seniority.
Where both factor (1) and (2) are relatively equal among the
employees involved, seniority shall be the determining factor.
(c) A layoff of less than five (5) consecutive working days
shall not be considered a decrease in force under this Article, nor shall the
working of overtime be considered an increase in forces.
(d) Continuous service shall be broken, and an employee shall
lose all seniority by:
(1) Voluntarily quitting the service of the Employer;
(2) Discharge or termination of service with the Employer;
(3) Failure to report for work or notify the Employer within
ten (10) working days after notice is given to return to
work by Registered mail;
(4) If an employee misrepresents his reason for a leave of
absence; and
(5) Layoff in excess of twelve (12) consecutive months.
(e) Absence due to a compensable disability incurred during
the course of employment shall not break continuous service, provided such
individual is returned to work within thirty (30) days after final payment of
statutory compensation for such disability or after the end of the period used
in calculating a lump sum payment.
(f) If an employee shall be absent due to a physical
disability, he shall continue to accumulate service during such absence for a
continuous period equal to his seniority at the time of such disability but not
to exceed three (3) years.
(g) New employees and those hired after break in continuity of
service will be regarded as probationary employees for the first ninety (90)
work days and will receive no continuous service credit during such period.
Probationary employees may file and process grievances under this Agreement but
may be laid off or discharged as exclusively determined by Management.
Probationary employees continued in the service of the Employer subsequent to
the first ninety (90) work days shall receive full continuous service credit
from date of original hiring.
(h) To protect his seniority, each employee will keep the
Employer informed of his current home address and telephone number. At the time
of layoff, such employees will be given an opportunity to write his correct home
address and telephone number over his signature on an Employer form furnished
for that purpose and he will receive a copy of such form.
(i) The Management reserves the right to continue operations
as in the past, including the use of Parcel Post and the contracting out of work
to such companies as United Parcel Service, etc. Extra deliveries may be
obtained from the Local Union 249 Extra List and/or other outside sources, etc.
ARTICLE IX
MANAGEMENT RIGHTS
(a) Except as explicitly limited by a specific provision of
this Agreement, the Employer shall continue to have the exclusive right to take
any action it deems appropriate in the management of its operations and
direction, control, and discipline of the work force in accordance with its
judgment, including, but not limited to the right to hire, suspend or discharge
for cause, transfer, and to relieve employees from duty because of lack of work
or for other legitimate reasons. All management functions and prerogatives which
the Employer has not expressly modified or restricted by a specific provision of
this Agreement are retained and vested exclusively in the Employer and are not
subject to arbitration under this Agreement.
(b) The Employer shall have the right in its sole judgment to
permanently close or discontinue any department of its operations or the entire
office supply division and to transfer same to any other geographic location so
long as such action is not taken for the sole and exclusive purpose of
discriminating against the Union or employee-members of this Union.
ARTICLE X
SUSPENSION AND DISCHARGE
(a) The Employer retains the right to discharge any regular
employees for just cause. The Employer agrees that it will notify the Union in
writing within twenty-four (24) hours.
(b) In case of a suspension, the Employer agrees to have a
meeting within seventy-two (72) hours with the Business Agent of the Union.
ARTICLE XI
GRIEVANCE PROCEDURE
(a) A grievance is hereby jointly defined to be any
controversy, complaint, misunderstanding or dispute.
(b) Any grievance arising between the Employer and the Union
or any employee represented by the Union shall be settled in the following
manner:
Step One. The aggrieved employee or employees must present the
grievance to the Shop Steward within five (5) working days after the reason for
the grievance has occurred, except, no time limit shall apply in case of
violation of wage provisions of this Agreement. If a satisfactory settlement is
not effected with the foreman within three (3) working days, the Shop Steward
and the employee shall submit such grievance, in writing, to the Union's
Business Representative.
Step Two. The Business Representative shall then take the
matter up with a representative of the Employer with authority to act upon such
grievance. A decision must be made within five (5) working days.
Step Three. In order for the grievance to be considered
further, it must be appealed by written notice given the Warehouse Manager by
the Business Agent of the Union within ten (10) days of the date the Warehouse
Manager's answer is given in Step Two. Within fifteen (15) days following such
written notice, the Employer and the Union, by their representatives designated
for this purpose, shall try to mutually agree upon a single Impartial Arbitrator
to hear and determine the matter. Failing mutual agreement within such period,
the Employee and the Union shall address a joint request to the Federal
Mediation and Conciliation Service to furnish a list of seven (7) competent
arbitrators. The Union Representative shall strike three (3) names from such
list whereupon the Employer Representative shall strike three (3) of the
remaining names. The seventh (7th) individual not so stricken shall be the
Impartial Arbitrator to hear and determine the matter. Expenses and fees
incident to service of the Arbitrator shall be shared equally by the Employer
and the Union.
The award of the Arbitrator on any matter properly before him
under this Agreement shall be final and binding. The Arbitrator shall have no
authority to add to, detract from or to alter any of the provisions of this
Agreement.
Awards of the Arbitrator may or may not be retroactive as the
equities of particular cases may demand, but the following limitations shall be
observed in any case where the Arbitrator's award is retroactive.
The effective date for adjustment of grievances relating to:
(1) Seniority cases shall be the date of the occurrence or
nonoccurrence of the event upon which the grievance is based, but in no event
earlier than thirty (30) days prior to the date on which the grievance is filed.
(2) Rates of pay (other than new or changed jobs or
incentives), overtime, holidays, allowed time and vacations shall be the date of
the occurrence or nonoccurrence of the event upon which the grievance is based.
(c) General Provision Relating To Grievance Procedure. In the
event no appeal is taken at any one of the several steps in the manner or within
the time specified herein, then the grievance shall be considered settled on the
basis of the last decision given, and shall not be subject to further appeal or
processing. Grievances shall be discussed promptly at a time mutually
satisfactory to the parties.
(d) Power and Authority of Arbitrator. The power and authority
of the Arbitrator shall be strictly limited to determining the meaning and
interpretation of the explicit terms of this Agreement as herein expressly set
forth. He shall not have authority to add to, subtract from, alter or modify any
of said terms or to limit or impair any right that Article IX reserves to
Management or to establish or change any wage or rate of pay.
ARTICLE XII
SHOP STEWARDS
(a) The Employer recognizes the right of the Union to
designate Shop Stewards and Alternates.
(b) Stewards shall be permitted to investigate, present and
process grievances on or off the property of the Employer without loss of pay or
time. Such time spent in handling grievances shall be considered working hours
in computing daily and/or weekly overtime. Stewards shall not be entitled to
more than one (1) hour per grievance.
ARTICLE XIII
PROTECTION OF RIGHTS
(a) Picket Lines. It shall not be a violation of this
Agreement, and it shall not be cause for discharge or disciplinary action in the
event an employee refuses to enter upon any property involved in a primary labor
dispute or refuses to go through or work behind any primary picket line,
including the primary picket line of Union's party to this Agreement, and
including primary picket lines at the Employer's place of business.
ARTICLE XIV
LEAVE OF ABSENCE
(a) Any employee desiring a leave of absence from his
employment shall secure written permission from both the Union and the Employer.
The maximum leave of absence shall be for ninety (90) days and may be extended
for like periods. Permission for same must be secured from both the Union and
the Employer. During the period of absence, the employee shall not engage in
gainful employment in the same industry. Failure to comply with this provision
shall result in the complete loss of seniority rights for the employees
involved.
(b) The employee must make suitable arrangements for
continuation of the Insurance Payments before the leave may be approved by
either the Local Union or the Employer.
(c) The Employer shall provide for family and medical leaves
consistent with the Family and Medical Leave Act.
ARTICLE XV
ALLOWANCE FOR TIME OFF FOR DEATH IN THE FAMILY
(a) In the event of death in the immediate family of an
employee (parents, children, brothers, sisters, present spouse present
mother-in-law, present father-in-law and grandparents of the employee), the
employee shall be entitled to time off with pay at his regular basic rate for a
period not to exceed three (3) consecutive calendar days starting with the day
following the death and, if the death should occur while the employee is at
work, the balance of the employee's scheduled workday, to arrange the affairs of
the deceased and attend the funeral. In the event of the death of a grandparent
of present spouse, an employee shall be granted the day of the funeral off with
pay, provided the employee attends the funeral. To be entitled to such
allowance, the employee must notify the Employer as promptly as possible of the
days on which he intends to be absent for this purpose.
ARTICLE XVI
ALLOWANCE FOR JURY SERVICE
(a) An employee who has performed work in the two (2) day
period previous to being called for jury service shall be excused from work for
the days on which he serves and he shall receive for each such day of jury
service on which he otherwise would have worked the difference between eight (8)
times his average straight time hourly earnings as computed for holiday
allowance and the payment he receives for jury service, however, Employer
compensated service shall be limited to a maximum of ten (10) days per calendar
year. The employee will present proof of service and the amount of pay received
therefor.
ARTICLE XVII
RESPONSIBILITIES OF THE PARTIES
(a) Each of the parties hereto acknowledges the rights and
responsibilities of the other party and agrees to discharge its responsibilities
under this Agreement.
(b) The Union (its officers and representatives at all levels)
and all employees are bound to observe the provisions of this Agreement. The
Employer (its officers and representatives at all levels) is bound to observe
the provisions of this Agreement. In addition to the responsibilities that may
be provided elsewhere in this Agreement, the following shall be observed:
(1) There shall be no intimidation or coercion of employees
into joining the Union or continuing membership therein.
(2) There shall be no Union activity on Employer time.
(3) There shall be no strikes, work stoppages or interruption
or impeding of work nor shall the Employer be obligated to bargain with the
Union concerning employees engaged in such activities so long as they continue.
No officer or representative of the Union shall authorize, instigate, aid or
condone any such activities. Any employee participating in any such activity may
be disciplined or discharged by the Employer.
(4) The applicable procedures of this Agreement will be
followed for the settlement of all grievances.
(5) There shall be no interference with the right of the
employees to become or continue to be members of the Union.
(6) There shall be no discrimination, restraint or coercion
against any employee because of membership in the Union.
(7) It is the continuing policy of the Employer and the Union
that the provisions of this Agreement shall be applied to all employees without
regard to sex, race, color, religious creed, national origin or age.
ARTICLE XVIII
GENERAL PROVISIONS
(a) The Employer agrees that it will not enter into any
written or oral agreement with any employees covered by this Agreement which is
inconsistent with or which in any way may modify or waive any of the provisions
of this Agreement.
(b) The Employer agrees that it will not hold any of its
employees who are covered by this Agreement financially responsible for any
damages resulting from any accident that may occur in the line of duty or
require said employees to contribute to any fund to pay for damages done to
equipment while working.
(c) If uniforms are required by the Employer, the Employer
will furnish them without cost to the employees. Such uniform shall bear the
Union Label and shall be kept in good condition and replaced from time to time
by the Employer.
(d) The Employer shall make reasonable provisions for the
safety of its employees and will provide all protective and safety devices
necessary without cost to the employees.
(e) The Union will use its efforts to see that all employees
covered by this Agreement obey all reasonable rules and regulations of
employment which are consistent with this Agreement.
(f) In the event that the Employer introduces new job
classifications, the wage rates and working conditions of such new job
classifications shall be subject to negotiations between the parties.
(g) Authorized agents of the Union shall have access to the
Employer's establishment during working hours for the purpose of adjusting
disputes, investigating working conditions, collection of dues and ascertaining
that the Agreement is being adhered to, provided, however, that there is no
interruption of the Employer's working schedule.
(h) The Employer agrees that it will not assign any unitwork
to nonbargaining unit employees or supervisors, except as provided in Article
III(f) and if the Union is unable to supply necessary personnel.
(i) Also, for the purpose of preserving work and job
opportunities for the employees within the bargaining unit, the Employer agrees
not to subcontract, lease, assign, transfer, in whole or in part, to any other
nonbargaining unit employees without consent of the Local Union.
(j) Employees required to serve in summer duty shall lose no
loss of pay; i.e., he shall be reimbursed the difference between what he
received from Government and his regular pay. Also, the Employer is prohibited
from applying this as vacation period.
(k) If either party desires, representatives of BT Office
Products International and the Union will meet to discuss productivity and
quality issues and their effect on the bonus program. Other labor management
issues such as discipline and grievances will not be discussed. Meetings will be
held at reasonable times on BT Office Products International premises so as not
to interfere with operations. The Union and Company will each endeavor to make
the meetings productive.
ARTICLE XIX
INSURANCE
(a) Effective March 2, 1992, and for the duration of this
Agreement, the Employer will provide and pay the cost for the Keystone HMO Plan
for all regular full-time employees who have successfully completed six (6)
months of full-time service. Employees who wish to remain on the Blue Cross/Blue
Shield Indemnity Plan will be required to pay the difference in premiums between
that plan and the HMO plan. During the term of this Agreement, there will be no
reduction of benefits. The Company shall have the right to change insurance
carriers and benefit plans to maintain consistency with BT Office Products
International benefit plans so long as employees receive the same benefits at
the same cost as they enjoy under the BT OPI Blue Cross/Blue Shield Keystone
Plan.
(b) The program shall be in substitution for any and all
Insurance Benefits or Payments to or in behalf of Employee's death, accidental
death and dismemberment, weekly sickness and accident, hospitalization, medical
and surgical services provided by the Employer in whole or in part.
(c) In the event of a layoff of any regular full-time
employees, the Employer will continue his insurance benefits only for the month
of the layoff.
(d) It is intended by the Employer and the Union that the
provisions for insurance benefits which are included in this program of
insurance benefits shall comply with and be in substitution for provisions for
similar benefits which are or shall be provided for by any law or laws.
(e) In the event of disabling illness or injury, the Employer
agrees to continue the employee's insurance benefits for twelve (12) months
beyond the month of which the employee is disabled.
ARTICLE XX
PROFIT SHARING AND PAYROLL SAVINGS PLANS
(a) The existing 401(k) Savings Plans shall be continued
during the term of this Agreement.
ARTICLE XXI
CASUAL/NON-REGULAR EMPLOYEES
(a) It is agreed that the Employer may use Casual/Non-Regular
employees. When a Casual/Non-Regular employee works more than sixty (60) work
days within a one hundred and twenty (120) work day period, the
Casual/Non-Regular employee, on his/her sixty-first (61st) day, shall begin
his/her probationary period subject to the probationary employee language of the
Contract.
(b) Days worked during the months of January, July, August and
December or in place of employees who are injured or otherwise unavailable,
except for vacations and Holidays, will not count as days worked within any one
hundred twenty (120) day period. None of the benefits or other provisions listed
in this Agreement apply to Casual/Non-Regular employees unless they are
specifically included.
(c) When the Employer has a need to fill a regular full-time
position, the Employer will make that need known and fill the position as a
full-time position. Casual status employees will not be used to delay the hiring
of a full-time employee where the Company determines that there is a need for a
full-time employee.
ARTICLE XXII
TERMINATION
(a) This Agreement shall continue in full force and effect
from 12:01 a.m. March 1, 1998 until 11:59 p.m. January 15, 2002. The Agreement
shall be automatically renewed from year to year thereafter without change until
such time as at least sixty (60) days' notice in writing is given prior to the
expiration date.
(b) IN WITNESS WHEREOF, each party has caused this Agreement
to be executed by the hands of its proper officers and its corporate seal to be
affixed hereto this 10th day of August, 1998.
FOR THE COMPANY: FOR THE UNION:
-------------------------------
/s/ Joseph A. Aiello
______________________________ President
Joseph A. Aiello
Vice President
-------------------------------
Vice President
- ------------------------------
-------------------------------
Secretary-Treasurer
/s/ Michael A. Ogden
-------------------------------
Michael A. Ogden
Business Agent
Productivity Cents/hr. Error Rate Cents/hr.
24.0 $0.05 0.0024 $0.15
24.5 0.10 0.0022 0.20
25.0 0.15 0.0020 0.25
25.5 0.20 0.0018 0.27
26.0 0.25 0.0016 0.30
26.5 0.30 0.0014 0.32
27.0 0.35 0.0012 0.34
27.5 0.40 0.0010 0.35
28.0 0.45 0.0008 0.36
28.5 0.50 0.0006 0.37
29.0 0.55 0.0004 0.38
30+ 0.60 0.0002 0.39
0.0000 0.40
Premium Paid out per month for hours worked
Any ONE of the following will eliminate all monthly bonus:
1. Productivity less than 22
2. Error Rate above .0030