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EXHIBIT 10.16
1995 - 2000
BASIC LABOR AGREEMENT
AND
SENIORITY RULES AND REGULATIONS
between
SIMCALA, INC.
and
UNITED STEELWORKERS OF AMERICA
(AFL-CIO)
August 8, 1995
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1995-2000
LABOR AGREEMENT INDEX
ARTICLE SUBJECT PAGE
PREAMBLE........................................................................................ 1
I RECOGNITION..................................................................................... 1
II PURPOSE AND SCOPE............................................................................... 1
2.1 Purpose................................................................................ 1
2.2 Employees Defined...................................................................... 1
2.3 Unit Change............................................................................ 1
2.4 Excluded Personnel..................................................................... 1
2.5 Contracting Work....................................................................... 2
III
CHECKOFF........................................................................................ 2
3.1 Monthly Reports........................................................................ 2
3.2 Initiation Fees and Dues............................................................... 2
3.3 Remittance............................................................................. 2
3.4 Preference............................................................................. 2
3.5 Indemnity Clause....................................................................... 2
3.6 Report to Union........................................................................ 2
3.7 Dues Exemption......................................................................... 2
IV MANAGEMENT...................................................................................... 3
V STRIKES AND LOCKOUTS............................................................................ 3
VI RATES OF PAY.................................................................................... 3
6.1 The Standard Hourly Wage Scale......................................................... 3
6.2 New or Changed Job..................................................................... 3
6.3 Inequity Grievances Prohibited......................................................... 4
6.4 Shift Premium.......................................................................... 4
6.5 Sunday Premium Pay..................................................................... 5
6.6 Funeral Pay............................................................................ 5
VII HOURS OF WORK................................................................................... 5
7.1 Definitions............................................................................ 5
7.2 Normal Hours........................................................................... 6
7.3 Scheduling............................................................................. 6
7.4 Allowance for Jury Service............................................................. 7
7.5 Overtime Hours and Pay................................................................. 7
7.6 Attendance and Absenteeism............................................................. 8
VIII VACATIONS....................................................................................... 10
8.1 Intent................................................................................. 10
8.2 Qualifying Services.................................................................... 10
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8.3 Eligibility Requirements for Vacation with Pay......................................... 11
8.4 Allowance.............................................................................. 12
8.5 Pay.................................................................................... 12
8.6 Forfeit................................................................................ 13
IX HOLIDAYS........................................................................................ 13
9.1 Production Optional With Company....................................................... 13
9.2 Holidays............................................................................... 13
9.3 Employees Not Working.................................................................. 13
9.4 Employees Scheduled.................................................................... 14
9.5 Holiday Pay............................................................................ 14
9.6 Maximum Pay............................................................................ 14
X INJURY PAY...................................................................................... 14
10.1 Allowed Time for Injury.............................................................. 14
XI ADJUSTMENT OF GRIEVANCES........................................................................ 15
11.1 Step 1............................................................................... 15
Step 2...................................................................................... 15
Step 3...................................................................................... 16
Step 4...................................................................................... 16
11.2 Statement of Facts................................................................... 17
11.3 Rules of Appeal and Answer........................................................... 17
11.4 Witnesses............................................................................ 18
11.5 Grievance Committee.................................................................. 18
11.6 List of Union Representatives........................................................ 18
XII SUSPENSION AND DISCHARGE........................................................................ 18
12.1 Procedure............................................................................ 18
12.2 Reinstatement Pay.................................................................... 19
XIII SAFETY.......................................................................................... 20
13.1 Company Provisions................................................................... 20
13.2 Joint Safety Committee............................................................... 20
13.3 Safety Rules......................................................................... 20
13.4 Unsafe Conditions-Practices.......................................................... 20
13.5 Life Endangered...................................................................... 20
13.6 Annual Physical...................................................................... 21
XIV LEAVE OF ABSENCE................................................................................ 21
14.1 Personal, Medical or Family Leave.................................................... 21
14.2 Union Absence........................................................................ 21
14.3 Military............................................................................. 21
14.4 Personal Leave....................................................................... 22
XV SENIORITY....................................................................................... 22
15.1 Acquisition of Seniority............................................................. 22
15.2 Excluded Personnel................................................................... 22
15.3 Loss of Seniority.................................................................... 23
15.4 Seniority Factors.................................................................... 24
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15.5 Seniority Units...................................................................... 25
15.6 Permanent Vacancies.................................................................. 25
15.7 Filling Temporary Vacancies.......................................................... 27
15.8 Promotions, Reductions in Forces..................................................... 28
15.9 Transfers and Retaining Seniority Rights............................................. 29
15.10 Temporary Transfer at Management's Direction......................................... 29
15.11 Loss of Work Arising from Work Stoppages or Strikes.................................. 30
15.12 Manning New Facilities............................................................... 30
XVI TERMINATION.................................................................................... 30
XVII TRAINING....................................................................................... 30
XVIII ENTIRE AGREEMENT............................................................................... 32
SCHEDULE 'A' -- Standard Hourly Wage Scale.................................................. 34
Simcala Inc. 401-K Plan..................................................................... 35
Simcala Inc. Profit-Sharing Agreement....................................................... 36
Local Agreements............................................................................ 39
Exhibit 'A' -- Line of Progression.......................................................... 40
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AGREEMENT
This Basic Agreement dated as of August 5, 1995 is between SIMCALA, INC. or its
successors and assigns (hereinafter referred to as the "Company") and the UNITED
STEELWORKERS OF AMERICA, AFL/CIO or its successors and assigns (hereinafter
referred to as the "Union") on behalf of its members employed by the Company at
its Montgomery, Alabama Plant.
ARTICLE 1 - RECOGNITION
1.1 In accordance with and subject to the provisions of the Labor
Management Relations Act, 1947, as amended, the Company recognizes the
Union as the sole exclusive bargaining agency of the production and
maintenance employees of the Company at the above-named plant of the
Company for the purpose of collective bargaining in respect to rates of
pay, hours of work, and conditions of employment.
1.2 The Union agrees to keep the Company advised at all times of the names
of its duly elected officers and committeemen with whom the Company
will deal to carry out the provisions of this Agreement.
ARTICLE 2 - PURPOSE AND SCOPE
2.1 Purpose - It is the intent and purpose of the parties hereto that this
Agreement will set forth herein the basic understanding covering rates
of pay, hours of work, and conditions of employment to be observed by
the parties hereto so as to maintain uninterrupted operations in the
plant and to achieve the highest level of employee performance and
efficiency through ongoing training and consistent with safety, good
health, and sustained effort.
2.2 Employees Defined - Whenever the terms "employee" or "employees" are
used in this Basic Agreement, they shall be regarded as including all
employees of the plant named above, and shall not include office
clerical employees, professional employees, guards, foremen, or any
supervisory positions, salaried employees, lab technicians and
analysts, chemists, research employees, and certain other technical
employees.
2.3 Unit Change - Any change in the bargaining unit shall be by mutual
agreement.
2.4 Excluded Personnel
A. Supervisors are not within the definition of "employee," but
may perform bargaining unit work from time-to-time, however,
B. A grievance if granted under this section will provide four
(4) pay to an employee or employees off injured or sick as
designated by the Grievance Committee and Plant Manager.
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2.5 Contracting Work
A. Contracting out of work will not be done to replace or
displace a bargaining unit employee.
B. The Company agrees to notify the Union of its intent to
contract out work.
ARTICLE 3 - CHECKOFF
3.1 Monthly Reports - On or before the fifteenth day of each calendar month
the Company shall submit to the Union a list showing the name, address
and employee number of each new employee hired during the preceding
month.
3.2 Initiation Fees and Dues - The Company agrees to deduct from each
employee's first pay of the succeeding calendar month next following
the receipt of a voluntary union dues checkoff authorization card
executed by that employee, the monthly union dues for the preceding
month and shall also deduct any assessments against the employee which
are general and uniform among all employees who at the time are members
of the union, and also if owed an initiation fee in the amount
designated by the union.
3.3 Remittance - The Company shall promptly remit any and all amounts so
deducted as a result of receipt of aforesaid assignments to the
International Treasurer, United Steelworkers of America, 6200 E.J.
Oliver Blvd., Suite 44, Fairfield, AL 35064, or to wherever designated
by the Treasurer.
3.4 Preference - It is understood and agreed that deductions for Old Age
Benefits, Withholding Tax, Insurance, Company Property, and Court
Assignments shall have preference over the aforesaid deductions.
3.5 Indemnity Clause - In consideration of the Company's deducting dues
under the foregoing arrangement, the Union agrees that it shall
indemnify and hold the Company harmless against any and all claims,
demands, civil suits or other forms of liability that may arise out of
or by reason of any action taken or not taken by the Company for the
purposes of complying with any of the provisions of this Article 3 or
any information furnished to the Company by the Union or any of its
duly authorized representatives.
3.6 Report to Union - A list of employees names from whom dues, initiation
fees and assessments have been deducted shall be furnished to the
Financial Secretary of the Local Union each month. Included in the list
of names of employees from whom dues were deducted shall be the names
of those from whom it was impossible to deduct dues and a statement of
the reason.
3.7 Dues Exemption - The constitution of the Union provides that members
who have not received forty (40) hours pay in any one month, through no
fault of their own, shall be exonerated from the payment of dues. It is
agreed that in cases where employees do not
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have earnings in the pay period from which dues are customarily
deducted, but did have forty (40) hours pay or more in the month, the
Company will deduct the dues for the particular month from the next pay
period in which the employee has earnings. It is understood that the
above exemption does not apply when the time lost is due to earned
vacation. The provisions of this paragraph will be changed only as a
result of official notice from the International Treasurer of the
Union.
ARTICLE 4 - MANAGEMENT
4.1 Subject to the provisions of the Agreement, the Union recognizes that
the Management of the works and the direction of the working forces
including, but not limited to, introduction of new technologies,
equipment and processes, the assigning of work schedules and job
duties, and transfer, the right to hire, suspend, or discharge for
proper cause including lack of qualification or inability to achieve
minimum levels of competence during the initial probationary period of
employment, and thereafter, and proper attendance, and successful
completion of training programs, and the right to relieve employees
from duty because of lack of work or for other legitimate reasons, is
vested exclusively in the Company.
ARTICLE 5 - STRIKES AND LOCKOUTS
5.1 There shall be no lockouts on the part of the Company, no suspension of
work on the part of the employees. It is agreed between the parties
hereto that the procedure provided in the Agreement is adequate, if
followed in good faith by both parties, for a fair and expeditious
settlement of grievances arising between the parties. It is further
agreed that if this procedure is not followed or is disregarded and a
strike occurs, all members who are proven to have advocated,
instigated, or caused such strike, in violation of this Agreement shall
be subject to disciplinary action. The Union officers and committeemen
shall work with Company representatives to first, prevent any violation
of this Agreement and second, to immediately correct any violation.
ARTICLE 6 - RATES OF PAY
6.1 THE STANDARD HOURLY WAGE SCALE
It is understood and agreed that the Standard Hourly Wage Scale as
shown in Schedule A, attached hereto and made a part of this Agreement, shall be
the rates of pay, except as changed under the terms of this Agreement.
6.2 DESCRIPTION AND CLASSIFICATION OF NEW OR CHANGED JOB
6.2.1 To establish a description and classification for a new job at some
subsequent date, the Company shall within sixty (60) operating days of
the installation of the new job, describe said new job in accordance
with the Current Manual and shall submit two copies of such description
to the Union; the sixty (60) days may be extended by written agreement.
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6.2.2 After the Company and the Union have agreed upon and signed the job
description, the Company shall classify such job and shall submit two
copies of such classification to the Union.
6.2.3 If Management and the Union are unable to agree upon the description
and/or classification, Management shall install the proposed
description and/or classification and the employee or employees
affected may, within thirty (30) days after such disagreement, file a
grievance alleging that the job description and/or classification is
improper under the procedure established in the Procedural Agreement.
Such grievance shall be processed under the Grievance Procedure of the
Basic Agreement, beginning at the second step.
6.2.4 An existing job shall not be reclassified unless accumulative changes
occurring shall alter the requirements of such job. Introduction of new
technologies or processes will not be grounds for reclassification.
6.2.5 Jobs will not be combined without mutual agreement of the parties.
6.3 The Company and the Union agree that "inequity" grievances over
relative rates of pay among the various job classifications are
prohibited.
6.3.1 No basis shall exist for an employee to allege that a wage rate
inequity exists and no grievance on behalf of an employee alleging a
wage rate inequity shall be filed or processed during the term of the
Agreement.
6.4 SHIFT PREMIUM
6.4.1 Effective for the term of this Agreement, shift premiums shall be paid
as follows:
A. For hours worked which would fall in the prevailing night
shift, which includes all shifts regularly scheduled to
commence between 10:00 p.m. and 12:00 midnight, there shall be
paid a shift premium of thirty (30) cents per hour.
B. For hours worked which would fall in the prevailing day shift,
which includes all shifts regularly scheduled to commence
between 6:00 a.m. and 8:00 a.m., no shift premium will be
paid.
C. For hours worked which would fall in the prevailing afternoon
shift, which includes all shifts regularly scheduled to
commence between 2:00 p.m. and 4:00 p.m., there shall be paid
a shift premium rate of twenty (20) cents per hour.
D. For shifts commencing at times other than covered in A, B, and
C above, the afternoon shift premium will be paid for all
hours worked between 4:00 p.m. and midnight and the night
shift premium will be paid for all hours worked between
midnight and 8:00 a.m.
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6.4.2 Shift premiums shall be included in the calculation of overtime
compensation.
6.4.3 Shift premiums shall be paid for allowed time or reporting time when
the hours for which payment is made would have called for a premium, if
worked.
6.5 SUNDAY PREMIUM PAY
6.5.1 For all time worked on Sunday, which is not paid for on an overtime
basis, a premium on the regular rate for the job as defined in the
Standard Hourly Wage Scale as shown in Schedule A, attached to and made
a part of this Agreement, shall be paid as follows:
TWENTY-FIVE (25) PERCENT
6.5.2 For the purpose of this provision, Sunday will be deemed to be the
twenty four (24) hours beginning with the turn change time nearest to
12:01 a.m. Sunday.
6.6 FUNERAL PAY
6.6.1 Any employee losing work because of the death of the employee's father,
mother, brother, sister, father-in-law, mother-in-law, husband, wife,
child, grandfather, grandmother, grandchild or step parents and step
children (when they have lived with the employee in an immediate family
relationship) shall be entitled to maximum of three (3) days' pay, or
the day of the funeral in the event of the death of the employee's
immediate brother-in-law or sister-in-law or son-in-law or
daughter-in-law, if the employee was scheduled to work on any of those
days.
6.6.2 In the event of the death of a spouse or child during the employee's
vacation, three (3) days of the vacation will be rescheduled at a later
date, four (4) days if the funeral is over 100 miles away.
6.6.3 The above days shall not extend beyond the date of the funeral and will
require attendance at the funeral, except, that one of the four days
may be applied to the first day after the funeral, if the funeral is
held at a distance of 100 miles or more from the employee's home, and
such day is required for travel.
6.6.4 Proof of relationship, such as an obituary notice, must be attached to
the claim for pay. The rate of such "Funeral Pay" shall be the standard
hourly wage rate shown in Schedule A, attached hereto, for the job said
employee worked on his last day of actual work and shall not include
any premium pay for whatever cause.
ARTICLE 7 -- HOURS OF WORK
7.1 DEFINITIONS
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7.1.1 A day is the twenty-four (24) hour period from the time an employee
commences work.
7.1.2 A week is a calendar week.
7.2 NORMAL HOURS
7.2.1 The normal hours as shown below shall not be construed as a guarantee
of hours of work per day or per week, or for days of work per week.
7.2.2 The normal hours per day shall be eight (8) hours of work and sixteen
(16) consecutive hours of rest.
A. The employee shall not have an established lunch period, shall
eat at the convenience of the operation, but shall not be
required to eat sooner than three (3) hours nor later than
five (5) hours after he commences work, and shall not take
time to exceed a total of thirty (30) minutes during any work
shift.
B. It shall not be considered normal hours and the overtime
provisions of Section 7.6 shall not apply when either a local
ordinance or State or Federal legislation changes the time and
such action forces a short return.
7.2.3 The normal hours per week shall be forty (40) hours of work consisting
of five (5) work days and two (2) scheduled rest days.
7.2.4 All hours worked beyond the normal hours as set forth in this Section
shall be paid at the overtime rate, as provided in Section 7.5 below.
7.2.5 Where possible, employees will be scheduled to work so they will work
five (5) consecutive days in a week and have two (2) consecutive
scheduled rest days per week.
7.3 SCHEDULING
7.3.1 Determination of the daily and weekly work schedules shall be made by
the Company and such schedules may be changed by the Company from time
to time to suit varying conditions of the business or conditions beyond
the Company's control; provided, however, that the plant work week
shall not be reduced below forty (40) hours without mutual agreement.
The Company further agrees that it will return to a forty (40) hour
week before hiring any additional employees.
7.3.2 An employee shall not be laid off a day to make up for working his
scheduled day off in order to avoid payment of sixth or seventh day
overtime.
7.3.3 Schedules of the employees' regular workdays whenever possible shall be
posted or otherwise made known to employees by 3:00 P.M. CST Friday.
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7.4 ALLOWANCE FOR JURY SERVICE
7.4.1 An employee who is called for jury service shall be excused from work
for the days on which he serves and shall receive for each day of
service on which he otherwise would have worked his normal wages and
benefits.
7.4.2 The employee will be required to present proof of service.
7.4.3 This allowance shall not apply in the case of a witness when he is
being paid for such service as a deputy or peace officer.
7.5 OVERTIME HOURS AND PAY
7.5.1 It is understood and agreed that some overtime is expected. Therefore,
it shall be at Management's discretion to assign overtime work,
provided:
No employee shall work more than sixteen (16) consecutive hours from
the time he commences work nor return to work within 8 hours after
working 16 consecutive hours nor more than twenty-four (24) overtime
hours within one calendar week unless extended by mutual agreement
between the affected employee and the Company.
7.5.2 When management determines that overtime is necessary, the following
procedure will be used:
Offer overtime to personnel on the shift present, in the classification
where the vacancy exists first, in seniority order unless the line of
progression is fully utilized.
1. Offer overtime to personnel on the shift present, in
the classification where the vacancy exists first, in
seniority order.
2. If no one accepts, offer the overtime to the
personnel in the same classification from the
on-coming crew in seniority order.
3. Call all other personnel scheduled in the
classification in seniority order.
4. If no one accepts, go directly to the qualified
voluntary overtime list for that classification.
These lists will be changed quarterly.
5. If no one volunteers from that list, employees at
work will be forced to work.
A. Should problems arise in the administration of this procedure,
the parties agree to discuss them at that time.
B. Grievances that arise from the administration of this
procedure will be settled by allowing the aggrieved employee
or employees to work the same amount of time as missed and
paid at the same rate.
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7.5.3 OVERTIME PAY
A. The overtime rate to be paid employees for overtime hours
shall be one and one-half (1-1/2) times the regular rate of
pay for the occupation on which the overtime hours are worked,
except as excluded under 7.5.4 and 7.5.5 below.
7.5.4 OVERTIME RATES SHALL BE PAID FOR:
A. Hours worked in excess of eight (8) hours within the
twenty-four (24) hour period commencing with the time an
employee begins work, except that this shall not apply in
instances excluded by local agreements.
B. Hours worked in excess of forty (40) hours in any calendar
week.
C. Hours worked by an employee on the sixth or seventh work day
in a payroll week (Sunday through Saturday), during which work
was performed on employee's scheduled five (5) workdays,
except that if laid off by Company on scheduled workday, lost
time will be counted.
D. Any employee who must bump to a shift involving a short return
in order to stay in his classification or preserve his
employment.
E. Lost time for Union business will be counted as time worked
for overtime purposes for officers and grievance committeemen.
7.5.5 NONDUPLICATION
A. Payment of overtime rates shall not be duplicated for the same
hours worked, but the higher of the applicable rates shall be
used. Hours compensated for at overtime rates shall not be
counted further for any purpose in determining overtime
liability under the same or any other provisions, provided,
however, that a holiday, whether worked or not, shall be
counted for purposes of computing overtime liability under the
provisions of subsection 7.5.4C above and hours worked on a
holiday shall be counted for purposes of computing overtime
liability under the provisions of subsection 7.5.4A above.
B. Except as above provided, hours paid for but not worked shall
not be counted in determining overtime liability.
7.6 ATTENDANCE AND ABSENTEEISM
7.6.1 DETERMINATION OF ABSENTEEISM
A. An Absentee Rate will be computed for each employee and that
rate will be compared to a fixed percentage rate which the
Company will tolerate. Any
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employee with a rate higher than the fixed rate will receive
the next higher degree of discipline.
B. The Absentee Rate will be computed over a time period of a
minimum of six weeks since previous discipline (if any) or a
minimum of six weeks from the present offense backwards toward
the last discipline (if any). If the employee has had no
previous discipline, the last six week period (or longer) can
be considered. For purposes of the calculation, the six week
period shall represent 30 days. The points referred to below
shall represent the absentee demerits. Thus, if an employee
has three unexcused absences (with proper two hour
notification of the absence) during said six week period, his
absentee percentage would be 10% (3130) and he would be
subject to disciplinary actions as noted below.
C. In computing the Absentee Rate, each unexcused absence,
unexcused tardy or unexcused "out early" will count as one
point towards absence. An unexcused absence with a late call
in (less than two hours notice preceding shift) will count as
one and one half absences. The sum of the above will be
divided by the total number of working days in the period
under consideration in B. above.
D. Management determines what will be an excused or unexcused
absence as follows:
EXCUSED ABSENCES:
1. Death in the family (those covered in article 6.6 of
the Basic Labor Agreement).
2. Industrial Injury
3. Union Business
4. Jury Duty
5. Extended Illness (for physically incapacitated days
accompanied by a doctors certificate).
6. Sickness (when accompanied by a doctor's excuse).
Unexcused absences consist of all absences not covered as excused.
Tardiness and leaving early, unless for one of the above excused
reasons will be considered unexcused. Failure to report off will result
in an advancement to the next step, regardless of percentage rate.
E. The fixed absentee rate for the Mt. Meigs plant will be 4%.
Any employee with a higher rate as prescribed in B, C. and D
above will receive the next higher step in the discipline
procedure.
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F. The Steps of Discipline are as follows:
1. Written Reprimand
2. 1 Day Suspension
3. 3 Day Suspension
4. 5 Day Suspension pending discharge.
G. Any employee who maintains a percentage of less than 4% as
computed in B, C, and D above for six months since his last
reprimand will back up one step in the procedure. Any employee
who maintains a perfect attendance record for six months will
completely clear his absenteeism record.
7.6.2 REPORTING ABSENCE OR LATENESS
A. In reporting off from a scheduled shift, calls must be made 2
hours prior to the start of that shift, except 1 hour on "B"
shift. Failure to meet this time requirement will result in
one-half point against the attendance record and one point for
one hour or less notice.
B. Employees missing their scheduled turn will have one point
assessed against attendance record.
C. Failure to call in by the start of the shift and then missing
scheduled shift will result in advancement to the next step of
disciplinary procedure.
D. A late report for work without calling to advise of expected
lateness will result in an additional one-half point and said
employee may be reassigned or sent home.
ARTICLE 8 - VACATIONS
8.1 VACATIONS INTENT
Vacations are granted as a reward for service, as indicated by the
qualifying requirements of this vacation plan. It is the intent of this section
to grant vacations, with pay, to those employees who are consistently employed
and who have given faithful attendance to their employment.
8.2 QUALIFYING SERVICES
A. In determining length of continuous service for the purpose of
deciding vacation eligibility of an employee, his total number
of years of continuous service shall be calculated from his
last date of hire (calendar year).
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B. Continuous service credit will be given an employee who has
"Lay- Off Standing," "Leave of Absence Standing" or "Military
Standing" on any vacation eligibility date, who returns to the
payroll of the Company during the calendar year, who completes
one (1) year or more of continuous service during that
calendar year, and who otherwise meets the eligibility
requirements of this Article 8.
8.3 ELIGIBILITY REQUIREMENTS FOR VACATION WITH PAY
To be eligible for a regular vacation in any calendar year during the
term of this Agreement, the employee must:
A. Have one (1) year or more of continuous service.
B. Have received earnings in at least fifty percent (50%) of the
pay periods in the preceding calendar year, except that in
case of an employee who completes his first year of continuous
service in such calendar year, he shall have received earnings
in at least fifty percent (50%) of the pay periods during the
twelve (12) months following the date of his original
employment and still be on the payroll on his first
anniversary date.
C. No more than one (1) vacation shall be paid during any one (1)
calendar year.
D. In cases where an employee has been absent from work due to a
disability arising out of his employment at the Company's
plant, hours worked credit will be granted for vacation
purposes for all hours lost due to the disability during the
twelve (12) months following the date the injury occurred, but
not to exceed eight (8) hours a day or forty (40) hours a
week.
E. An employee entering the Military Service for his first
enrollment, who has completed at least one (1) year of
continuous service shall receive, for such year of enrollment,
not less than fifty percent (50%) of his vacation allowance,
notwithstanding the number of pay periods worked in.
F. If an employee does not qualify under the above provisions and
has two (2) years of continuous service and has worked at
least two hundred sixty (260) hours during the last preceding
calendar year, he shall be eligible for a prorated vacation.
based on the ratio of his actual hours worked to one thousand
forty (1,040) hours.
G. All active SiMETCO employees employed on the closing date of
the SIMCALA acquisition who are hired by SIMCALA shall be
recognized for prior continuous service for purposes of this
Section 8 only.
H. It is agreed that the purpose of this Article 8, Vacations, is
to provide actual time off to all employees; therefore, all
vacations shall be taken with the exception that
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the Company may, with the consent of the employee, pay him
vacation allowance, in lieu of time off for vacation.
8.4 VACATION ALLOWANCE
A. In line with the above eligibility requirements, continuous
service shall earn vacation pay allowance as follows provided,
however, that no employee shall be entitled to more than two
weeks of vacation during the first two years of this
Agreement:
Years of Service Weeks of Vacation
---------------- -----------------
1 but less than 3........................1
3 but less than 15.......................2
15 or more...............................3
B. All vacations shall be taken in full week periods; a one
week's vacation shall consist of seven (7) consecutive days, a
two weeks' vacation of fourteen (14) consecutive days, a three
weeks vacation of twenty-one (21) consecutive days. Each
vacation week shall include five (5) regularly scheduled
working days. When vacations are split, they shall be paid
accordingly.
C. Vacations will, as far as possible, be granted at times most
desired by employees, but vacations must necessarily be
governed by business conditions and the final right to
allotment of individual vacation period is exclusively
reserved to the Company in order to insure the orderly
operation of the plant.
8.5 VACATION PAY
A. Each employee requesting vacation time and pay shall fill in
and sign a regular Vacation Request Form furnished by
Management, and submit to his supervisor for approval. This
form will also require approval of the Plant Superintendent or
his designated representative, and will then be forwarded to
the Payroll Department for execution. In each case, the
employee must file such Vacation Request Form at least thirty
(30) days ahead of the desired vacation time in order to
exercise his seniority for preference on vacation time
approval. The Vacation Request Form provides that an employee
may list jobs he would be interested in bidding upon should
they be posted during his vacation period.
B. Each employee granted a vacation under this Section 8 will be
paid at his current hourly rate times forty.
C. Vacations shall commence after January 1st each calendar year
and as near as possible, shall be scheduled on a planned basis
of an approximate equal number of employees each month.
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8.6 FORFEIT OF VACATION
A. An employee who voluntarily quits will forfeit all rights to
eligibility and pay unless he gives two (2) weeks' written
notice to Management and continues to work through the notice
period, and has met the eligibility requirements of Section
8.3 above.
B. An employee who is discharged for cause prior to an
eligibility date will forfeit all rights to eligibility and
pay.
C. Any employee with three years' service who quits after working
50 percent of any pay periods and thereby earning a vacation
for the next year shall receive said vacation pay after
January 1 subject to the provisions of 8.6A above.
ARTICLE 9 - HOLIDAYS
9.1 PRODUCTION OPTIONAL WITH COMPANY
Regular production on days defined as holidays shall be optional with
the Company. When the plant is scheduled to work on any of these days, those
employees scheduled to work shall report on their regular shifts.
9.2 HOLIDAYS
For the purpose of this Agreement, the following days shall be
considered holidays, and when such holiday falls on Sunday, it shall be observed
on Monday, and such Monday shall be construed as the holiday:
New Year's Day, Martin Luther King Jr's. Birthday, Good
Friday, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Day before Christmas and Christmas Day.
9.3 EMPLOYEES NOT WORKING
A. All employees not required to work on a day on which any of
the above holidays occur shall be paid the rate of the job he
last worked or his bid rate, whichever is higher, for eight
(8) hours, if they worked their last scheduled day prior to
the holiday and their first scheduled day after the holiday,
except that Management shall waive the work requirement for
personal illness (when validated by a doctor's certificate
stating the employee's physical inability to work) or death in
the immediate family.
B. Paragraph A above shall not apply to employees laid off, on
leave of absence, or off due to an illness or injury except an
employee absent due to such causes who
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works during the pay period in which the holiday occurs. An
employee who is on vacation during the week in which a holiday
occurs shall be paid as computed in Paragraph A above.
9.4 EMPLOYEES SCHEDULED
A. Any employee who is normally scheduled to work on a day on
which any of the above holidays occur and who does not report
for work for any reason, may not be paid except that this work
requirement shall be waived for personal sickness or death in
the immediate family.
9.5 HOLIDAY PAY
For all hours worked by an employee on any of the holidays specified in
Section 9.2 above, Holiday Pay shall be as follows:
A. The employee shall receive two (2) times his regular rate of
pay.
B. If an employee has been scheduled off but then is called to
work on his normal schedule on a holiday but works less than
eight (8) hours, he shall be entitled to the benefits of
Subsection 9.3A of this Article 9 to the extent that the
number of hours worked by him on the holiday are less than
eight (8).
C. An employee scheduled off on a holiday and then called out
shall receive the holiday premium pay for hours worked plus
the holiday pay as outlined in 9.3A above.
D. An employee working his normal scheduled shift on the holiday
who is required to work in excess of his normal eight (8) hour
shift shall receive no more than the rates outlined in 9.5A
above.
9.6 MAXIMUM PAY
However, no employee shall receive more than the above specified rates
for hours worked on any holiday.
ARTICLE 10 - INJURY PAY
10.1 ALLOWED TIME FOR INJURY
A. Any employee suffering an injury on the job, requiring the
attention of a doctor which in the opinion of the attending
doctor or nurse renders him unable to continue work, shall be
paid for the balance of that work shift at the rate of the job
he was working at the time of said injury. On the date of the
employee's injury, if
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such employee returns to work and finds he is unable to work,
and such employee then goes home, he shall be paid for the
balance of that shift.
B. All hours paid for above will count as hours worked for the
purpose of overtime calculation under the provision of Article
7.
C. When additional visits are required due to injury, and
supported by written proof of appointment, such employee will
be compensated for lost time for a maximum of two (2)
additional visits. Whenever possible doctors visits will be
scheduled on the employee's off time.
ARTICLE 11 - ADJUSTMENT OF GRIEVANCES
11.1 Should differences arise between the Company and the Union as to the
meaning and application of the provisions of this Agreement or should any
trouble of any kind arise in the plant, there shall be no suspension of work or
refusal to perform the duties assigned, on account of such differences, but an
earnest effort shall be made to settle such differences immediately in the
following manner.
Step 1
A. Grievances or complaints must be reported within five (5) days
from the date of occurrence. Grievances or complaints not
adjusted within fifteen (15) days of occurrence or within
fifteen (15) days (excluding Saturdays, Sundays and Holidays)
of the date the employee or employees or Committee become
aware of the occurrence, or last occurrence, on which the
grievance is based, shall be reduced to writing by the
aggrieved employee or employees or the grievance committeeman
on suitable forms furnished for this purpose in triplicate,
and presented to the immediate supervisor before they will be
considered further.
B. These written grievances shall be signed and dated by the
aggrieved employee and the committeeman. In such grievance,
should it be decided by the Personnel Department that it is
necessary to consider the merits and demerits of the
grievance, the department may do so, but in all cases it shall
enter a written disposition of the same within five (5)
working days of the date of the presentation of the written
grievance. The Personnel Department shall date and sign all
three copies of the written grievance and will return two
copies to the Chairman of the Grievance Committee.
Step 2
A. Grievances not settled in Step 1 above, may be appealed by the
Grievance Committee to the Personnel Department, which appeal
must be in writing, addressed to the Personnel Department and
must be presented to it not later than five (5) days after
receipt of the written disposition by the Personnel
Department.
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B. Within five (5) days from the date of the presentation of such
written grievance, a representative of the Personnel
Department shall meet with the General Grievance Committee for
a discussion of said appeal and attempt to settle such
grievance.
C. It is understood, by the above paragraph, that the Grievance
Committee will investigate all alleged grievances before
processing them to Step 2 of this Grievance Procedure and any
alleged grievance found not to be based on fact will not be
affirmed by the Committee and will be withdrawn.
D. If no agreement is reached during the discussion of such
appeal, the Personnel Department will submit its written
disposition of such grievance within five (5) days from the
date of the hearing. Grievances not appealed in writing from
the decision in Step 1 within five (5) days from the date of
such decision shall be considered settled on the basis of the
decision last made and shall not be eligible for further
appeal.
Step 3
A. Grievances not settled in Step 2 may be appealed to the
representatives of the International Union and representatives
of the Company, which appeal shall be in writing and shall be
made within five (5) days from the date of the last decision.
B. Within another fifteen (15) days from such appeal, the
representatives of the International Union of his designees
shall contact representatives of the Company, in writing, to
request a meeting on the grievance, or advise that he has not
affirmed the grievance, and same has been withdrawn. After
such written appeal, a Management representative shall make
verbal or written contact, within ten (10) days, to arrange a
date for a meeting.
C. Management must answer in ten (10) days (excluding Saturdays,
Sundays, and Holidays) from the date of the meeting or from
the date of the last meeting if several meetings are held.
Step 4
A. If the Union wishes to appeal the disposition made in Step 3
of any grievance, a representative of the Union shall mail to
the Company a written notice of appeal of such grievance to
arbitration, within ten (10) days from such disposition.
B. When he deems it advisable, and prior to proceeding into
arbitration, even though appealed, the Union Staff
Representative may appeal a case in this Step 4, in writing,
to an Executive of the Company and the District Director of
the Union for the District involved, for review and an attempt
to solve. The Executive of the Company and the District
Director, or their respective designees, shall arrange to
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meet at their convenience to review the case and develop all
facts in an effort to find a solution.
Either party may call in witnesses who can contribute to a better
understanding or development of facts. The stipulated officials of the parties
will then proceed in their own method toward reaching a solution.
If, after a thorough examination of the facts, no agreement can be
reached in this case, it may be withdrawn or may be referred back to the Union
Staff Representative to process on into arbitration. In either instance, the
Company shall be notified in writing within fifteen (15) days after the final
meeting of the officials referred to above.
C. 1. The Union upon the filing of an appeal to arbitration
will simultaneously request from the Federal
Mediation and Conciliation Service (FMCS) a panel of
not more than five impartial arbitrators. The Union
and the Company within 14 days of receipt of the FMCS
panel will select an arbitrator by alternating
strikes. The Union and the Company may agree to
request a second FMCS panel if the first panel is
deemed for any reason unacceptable to both.
2. No new evidence shall be submitted in Step 4;
however, should any new facts develop after the Third
Step, said case shall be referred back to the Third
Step.
3. Post hearing briefs will only be filed by mutual
agreement.
D. The said umpire shall not have the power to add to, subtract
from or modify the terms of this Labor Agreement or any
Agreement supplemental thereto. The decision of the umpire
shall be final and binding on both parties. The fees and
expenses (including the cost of the original copy of any
stenographic record) shall be paid equally and jointly if
jointly requested by the Company and the Union. It shall be
the duty of the umpire to make his decision within thirty (30)
days after final submission of the case to him, which includes
receipt of the transcript and post hearing briefs.
11.2 The employee or the committeeman in reducing any grievances to writing
shall state clearly and concisely in writing all fads known to him
which are the basis of his grievance and, if he claims that any Article
or Articles of this Agreement are involved, he shall specify such
Article or Articles on such grievance form.
11.3 Unless an extension of time has been mutually agreed upon by and
between the parties:
11.3.1 The parties shall not be under any obligation to discuss any difference
unless such difference is submitted within the time limits specified in
Article 11.
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11.3.2 If a grievance is not appealed from one stage of negotiation to the
next higher stage of negotiation within the specified time limits, or
if a written notice of intention to appeal a grievance has not been
given within such time limits, such grievance shall be considered
settled on the basis of the last answer which has been made; provided,
however, that such settlement shall not constitute a precedent in any
other case.
11.3.3 If a grievance is not answered within the specified time limits, the
grievance shall be considered by the parties to have been granted;
provided, however, that the disposition of such grievance shall not
constitute a precedent in any case.
11.4 In all grievance hearings it shall be permissible for either party to
bring in employees of the Corporation, who are involved in the
grievance or other witnesses who may present direct evidence to the
grievance.
11.5 The General Grievance Committee shall consist of three (3) employees
designated by the Local Union. The lost time involved for a maximum of
one Third Step meeting per month, if held, will be paid by the Company.
Additional time off will be afforded without pay as may be required: To
attend regularly scheduled or special committee meetings with
Management; and to attend meetings pertaining to discharges or other
matters which cannot be reasonably postponed until the time of the next
regular meeting with Management.
11.5.1 Any officer or Grievance Committeeman of the Union required to attend
meetings outside the plant property shall notify in writing the
Personnel Department two (2) days in advance of such meetings so that
necessary arrangements can be made for his replacement.
11.6 The Union, from time to time, shall furnish the Company with a list
showing the names of the Officers of the Local Union, General Grievance
Committee and Shop Stewards, and the Company shall recognize as
Officers, Committeemen and Shop Stewards only such persons as are named
on the most recent list certified.
ARTICLE 12 - SUSPENSION AND DISCHARGE
12.1. PROCEDURE
A. In the exercise of its right as set forth in Article 4,
Management, of this Agreement, the Company agrees that no
employee shall be peremptorily discharged from and after the
date thereof, but that in all instances in which the Company
may conclude that an employee's conduct may justify discharge,
he must be first suspended. Such suspension shall be for not
more then five (5) calendar days excluding Saturdays, Sundays,
and Holidays). In all cases of suspension, a Union
representative and the employee's Foreman will be present at
the time of such action.
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B. The employee will be advised of his rights for a hearing
during this period of suspension, and the employee or the
Grievance Committee may, if he believes that he has been
unjustly dealt with, request a hearing and a statement of the
offense before the Personnel Department with or without the
member or members of the Grievance committee present as he may
choose. Such hearing shall be held within five (5) calendar
days (excluding Saturdays, Sundays, and Holidays) after the
date of such request. If any such employee shall not request a
hearing within the five (5) day provisional discharge period,
his discharge shall become final. Reprimands, docking,
suspensions or anything detrimental (excluding absenteeism) to
the employee's work record will be removed from the employee's
record after twenty-four (24) months and shall not be used
against him or cited in arbitration.
C. At any such hearings all of the known facts concerning the
case shall be made available to both parties. After such
hearing, the Company shall conclude within five (5) calendar
days (excluding Saturdays, Sundays, and Holidays) whether the
discharge shall become final or, dependent upon the facts of
the case, that such discharge shall be revoked. If the
discharge is revoked, the employee shall be returned to
employment and shall receive such compensation, if any, as
provided in Section 12. 2 below.
D. If the discharge of the employee is affirmed, the employee may
within five (5 calendar days (excluding Saturdays, Sundays,
and Holidays); after such disposition, file a grievance under
the procedure for the adjustment of grievances set forth in
Article 11 of this Agreement, and such grievance shall be
filed at Step 3. If any such employee shall not file a
grievance within such five (5) day period, his discharge shall
become final. No new evidence shall be used after the Third
Step. However, should any new facts develop after the Third
Step, said case shall be referred back to the Third Step.
E. The Grievance Committee shall be notified of all such
suspensions and reason for same and shall, following a
requested hearing, receive a copy of the decision of the local
Management of the Company. However, Management shall be
relieved of all requirements if a strike, work stoppage, or
other impeding of production in violation of this Agreement is
in progress.
12.2 REINSTATEMENT PAY
A. If it is agreed by the parties or determined in arbitration,
as provided in Article 11 of this Agreement, that an employee
was unjustly discharged, such employee shall be reinstated to
his job, with no loss of seniority, and shall be paid such
amount, if any, as may be agreed upon by the parties or
determined in arbitration, to be fair and just.
B. Said employee shall be paid the amount of what would have been
his normal earnings including overtime shift premium, holiday
pay and all other earnings and
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benefits for his normally scheduled work during the period
from his discharge to his reinstatement, less any unemployment
compensation received during said period.
C. In the event a grievance concerning suspension or discharge
goes to arbitration, the arbitrator shall have the authority
to modify the penalty. The arbitrator may substitute his
judgment for that of the Company on appropriate discipline.
ARTICLE 13 -SAFETY
13.1 The Company shall continue to make reasonable provisions for the safety
and health of its employees at the plant during the hours of their
employment. Protective devices, special wearing apparel and other
equipment necessary to properly protect employees from injury shall be
provided by the Company, and such equipment shall be used by the
employees. The wearing of appropriate safety apparel is mandatory.
13.2 A joint Management and Union Safety Committee shall be established for
the plant. The committee shall be composed of one Management
Representative and one Union Representative for each 150 employees;
however, the minimum shall be four members, two being appointed by
Management and two being appointed by the Union. Time spent on
committee work by the members shall be compensated by the Company for
time lost. The Committee shall hold regular monthly meetings, at times
determined by the Committee, and shall be compensated for lost time.
The duties of the Committee shall be:
A. To advise plant Management concerning safety and health
matters.
B. To make requested inspections of safety and health conditions
and participate in the investigation of all accidents.
C. To maintain a safety standard and a safety program for the
plant.
13.3 The purpose of the plant safety rules shall be for the protection of
our employees, and flagrant or intentional violation of such rules
shall subject an employee to immediate discharge.
13.4 Any unsafe condition or practice, alleged to be existing in the plant,
shall be brought to the attention of the Supervisor immediately by the
employee noticing said condition or practice. The Company will take
appropriate action necessary to correct the condition within a
reasonable time.
13.5 In case any employee alleges a condition to be dangerous over and
beyond the inherent hazards of the job, to the extent of endangering
the life or limb of an employee, the employee will immediately report
the matter to the employee's Supervisor.
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13.6 The company shall retain the right to require all employees to take
annual physical examinations and bi-annual vision and hearing tests
with the costs of such tests to be borne by the company.
ARTICLE 14 - LEAVE OF ABSENCE
14.1 The Company agrees to conform to the terms and conditions of the Family
and Medical Leave Act.
14.2 UNION ABSENCE
14.2.1 An employee who has two (2) years or more of continuous service with
the Company and who is duly elected or selected by the Union to an
office of the Union which is the bargaining unit shall be granted a
leave of absence for a period not to exceed two (2) years.
14.3 MILITARY AND NAVAL SERVICE
14.3.1 The parties agree to follow the Universal Military Training and Service
Act, as amended, in connection with the reinstatement and employment of
former employees of the Company, who have been honorably discharged
from military and naval service of the United States, who have
seniority rights under this Agreement.
14.3.2 An employee who meets the requirements of 14.4.1 above shall be granted
time and military allowance or military allowance in lieu of time for
the year of his reinstatement and employment, following such service,
notwithstanding any eligibility requirements of Article 8, Vacations,
of the Agreement.
14.3.3 An employee required to lose work in order to report for pre-induction
physical shall be paid a maximum of eight (8) hours, provided he
resumes work on his next scheduled workday.
14.3.4 An employee with one or more years of continuous service who is
required to attend an encampment of the Reserve Armed Forces, shall be
paid, for a period not to exceed two (2) weeks in any calendar year,
the difference between the amount paid by the Government (not including
travel, subsistence and quarters allowance) and the amount calculated
by the Company in accordance with the following formula. Such pay shall
be based on the number of days such employee would have worked had he
not been attending such encampment during such two weeks (plus any
holiday in such two weeks which he would not have worked) and the pay
for each such day shall be eight (8) times his average straight-time
hourly rate of earnings (excluding shift differentials and Sunday and
overtime premiums) during the last payroll period worked prior to the
encampment. If the period of such encampment exceeds two weeks in any
calendar year, the period on which such pay shall be based shall be the
first two weeks he would have worked during such period. Riot and
National Guard duty are excluded from this allowance.
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14.4 PERSONAL LEAVE
A. An employee who desires to pursue a course of study at an accredited
school of learning shall be granted such leave, not to exceed four (4)
years, provided:
1. The employee advises the Company in writing at least thirty
(30) days prior to the start of such course of his desire for
a leave.
2. The employee must notify the Company and the Union in writing
at least once a year of his continued interest to resume
active employment with the Company upon completion or
terminating such course of study.
3. The employee must report for reemployment within thirty (30)
days after completion or termination of such course of study.
B. Such personal leave of absence, outlined in A above, shall not
constitute a break in the record of continuous service of such employee
if he meets the requirements outlined therein. No more than two (2)
such leaves shall be granted at one time except as may be mutually
agreed to.
ARTICLE 15 -- SENIORITY RULES AND REGULATIONS
15.1 PREAMBLE
A. The Seniority Rules hereafter set forth, which implement the
seniority provisions of the Production and Maintenance Labor
Agreement, shall be used to govern the application of
seniority from and after August 8, 1995, as it relates to
hourly-paid production and maintenance employees represented
by the United Steelworkers of America.
B. These rules shall remain in effect unless and until modified
by written agreement signed by Management representatives and
appropriate representatives of the United Steelworkers,
including the Chairman and Secretary of the Grievance
Committee.
C. The intent and spirit of these Seniority Rules and Regulations
is to insure the placement and retention of the most qualified
employees with the longest continuous service.
15.2 PROBATION
A. Any person having one hundred-eighty (180) calendar days or
less of continuous service shall be deemed to be a
probationary employee. During such probationary period, the
Company may separate said probationary employee at its
discretion.
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B. Any employee retained after sold one hundred-eighty (180)
calendar days shall become a regular employee.
C. Should a new hire be laid off prior to the end of his
probationary period and then recalled at a later date (not to
exceed one hundred eighty (180) days), previous probationary
time will be used in determining the completion of the
probationary period only.
D. Should the layoff continue past the one hundred-eighty (180)
day period, the employee shall be considered as a new hire and
a new probationary period shall be served.
E. Those former employees of SiMETCO who were rehired by SIMCALA,
INC. shall not suffer a break in continuous service.
15.3 LOSS OF SENIORITY
A. Voluntary quit.
B. Discharge for proper cause.
C. Failure to report for work or failure to report reason for
absence for four (4) consecutive days.
D. Failure to report for work or report intent following a
layoff:
(a) if notified of recall to work, either in person or by a
person-to--person telephone call, he will report intent to
return and, if he refuses, he will be sent a notice by
registered or certified mail, and failing to report within
twenty-four (24) hours after receiving notice, he will be
terminated.
(b) Should the Company be unable to reach you by telephone,
you will have four (4) calendar days to report to work after
receipt of notice by registered or certified mail.
E. Absence in excess of any leave of absence granted under
Article 14.
F. If an employee shall be absent because of layoff or physical
disability, he shall continue to accumulate continuous service
during such absence for two (2) years, and shall be eligible
for recall for an additional period equal to (a) two (2)
years, or (b) the excess, if any, of his length of continuous
service at commencement of such absence over two (2) years,
whichever is less. Any accumulation in excess of two (2) years
during such absence shall be counted, however, only for the
purposes of this Article 15, including local agreements
thereunder, and shall not be counted for any other purpose
under this or any other agreement between the Company and
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the Union. In order to avoid a break in service after an
absence of two (2) years, the employee must give the Company
annual written notice that he intends to return to employment
when called, if the Company at least thirty (30) days prior
thereto has mailed him a notice at the most recent address
furnished by him to the Company that he must file such written
notices.
G. 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.
15.4 SENIORITY FACTORS
A. The parties recognize that promotional opportunity and job
security in event of promotions, decrease of forces, and
recalls after layoffs should increase in proportion to length
of continuous service, and that in the administration of this
section the intent will be that wherever practicable full
consideration shall be given continuous service in such cases.
In recognition of the responsibility of Management for the
efficient operation of the works, it is understood and agreed
that in all cases of promotion, layoff and recall the
following factors will apply:
(a) Ability to perform the work.
(b) Training, experience and education.
(c) Prior job performance.
(d) Continuous Service (Plant Service).
Where (a), (b) and (c) are relatively equal, (d) will be the
determining factor.
B. Nothing in this Subsection "B" shall prevent Plant Management
and the Grievance Committee from mutually agreeing to fill an
equal or lower job in a promotional sequence with a senior
employee, nor shall anything in this Subsection "B" prevent
Plant Management and the Grievance Committee from executing an
agreement in writing to provide an opportunity to any employee
displaced in the course of a reduction of forces to exercise
his seniority to the extent appropriate to obtain a job paying
higher earnings; provided, such employee is otherwise
qualified with respect to relative ability to perform the work
and relative physical fitness as provided above. Plant
Management and the Grievance Committee may mutually agree to
provide training for employees disabled in the plant and to
assign them to vacancies for which they are qualified on the
basis of such seniority arrangements as they may determine.
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C. Wherever used in these rules (unless expressly defined
otherwise) "continuous service" shall mean an employee's
length of continuous service within the plant, calculated from
the first day worked on any occupation in the plant or his
first day worked upon re-employment following a break in
continuous service in the plant, whichever is later.
D. If the plant continuous service dates for two (2) or more
employees are the same, then the employee with the lowest dock
number will be accorded benefits to be derived from having the
greater plant continuous service date.
15.5 SENIORITY UNITS
A. The units to which the seniority factors, as set forth above,
shall be applied are the lines of promotion, also referred to
as "seniority units" which are attached as an Appendix hereto.
These units may be changed or now units established from time
to time by written agreement, on chart form, signed by Local
Plant Management and by the Chairman of the Grievance
Committee of the Local Union.
B. The seniority unit in which an employee has status on a
permanent basis is referred to hereinafter as the employee's
"home seniority unit."
15.6 PERMANENT VACANCIES
A. Appointments to fill permanent vacancy in a line of promotion
(including a permanent vacancy in a regular relief assignment)
created by an employee promotion, demotion, death, discharge,
quit, retirement or transfer out of the seniority unit shall
be made in the following order of priority:
1. Employee(s) with the greatest seniority occupying the
immediately preceding occupation to the vacant
occupation in the line of promotion, or occupying an
occupation of equal rank in the line of promotion
where lateral movement is provided for by connecting
lines on the chart will be offered the promotion.
2. In the event that the candidate above refuses a
promotion, then employees on successively lower
ranking occupations in the line of promotion will be
similarly considered for promotion.
3. Each successive lower ranking job in the line of
promotion is filled in the same manner with the
employees present, then employees who have recall
rights to the line of promotion shall be recalled in
order of their plant continuous service to fill the
remaining vacancies.
4. After all employees with seniority rights in the line
of promotion have been recalled, then the vacancy
will be filled by the following bid procedure:
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a. When it becomes necessary to fill a job
vacancy through the posting of a bid the
senior employee(s) within the classification
will be permitted the option of moving to
the vacancy before the bid is posted. The
vacancy remaining will then be subject to
the bid award.
b. Notice of the permanent vacancy shall be
posted in the clock room. Such notice shall
show the department, job title, job class,
estimated number of employees required, date
of posting, designed location where bid is
to be filed, and shall remain posted for
seven (7) calendar days.
c. Any employee holding plant continuous
service in the plant may bid for the job in
writing on forms furnished by the Company,
and bids shall be received by Management
during the seven (7) calendar day period
provided above. When the employee presents
his bid at the designated location in the
plant, his bid shall be recorded as received
and the employee shall be given a copy as
evidence of receipt of his bid.
d. Management shall have seven (7) days (longer
periods than seven (7) days may be required
if there is a large volume of bids received)
following the seven (7) day posting period
in which to make an evaluation of all
bidders, the selection will be made on the
basis of:
(a) Ability to perform the
work.
(b) Training, experience and
education.
(c) Prior job performance.
(d) Continuous Service (Plant
Service).
Where (a), (b) and (c) are relatively equal, (d) will
be the deciding factor.
B. Promptly upon selection management, notice of the employee
selected by Management to fill a permanent vacancy shall be
posted for ten (10) days on the same bulletin boards, as the
notice of vacancy was posted. The notice shall show the name,
badge number, plant continuous service date of the employee
appointed, department, occupation title, the effective day of
the appointment, and the day of posting. In the event
Management determines not to fill a vacancy that has been
posted for bidding, a cancellation notice will be posted in
the same manner.
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31
1. Any complaint or grievance contesting Management's
selection must be filed in writing with the
department Superintendent or his designated
representative during the ten (10) day period that
the notice of appointment is posted. If no grievance
is filed within the ten (10) day period as above
provided, no grievance will thereafter be entertained
either by the Union or the Company unless an employee
was temporarily absent during the entire ten (10) day
period that the notice of appointment was posted
because of vacation, illness, injury, and in such
event in order to be considered, such employee must
file a grievance within the ten (10) day period after
the date he returns to work.
2. If a grievance protesting the appointment to fill a
permanent vacancy is settled in favor of the
aggrieved employee, he shall displace the employee
assigned to the occupation in question; and all other
affected employees shall be returned to their former
positions. If additional employees are needed, the
job will again be posted for bids.
C. New jobs may be filled directly by the bid procedure or may be
inserted into an existing line of promotion and then filled by
candidates occupying the immediately preceding occupation to
the new job after it is inserted in the line of promotion. In
the event that the Union and the Company fail to agree on the
appropriate position in the line of promotion, Management may
insert the job in the position they deem appropriate subject
to challenge in the Grievance Procedure, including
Arbitration.
D. Should an employee in the seniority unit eligible for
promotion be unable to accept such assignment because of
temporary absence due to vacation, illness, injury or leave of
absence, another employee may be temporarily assigned to the
vacant occupation, pending return to work of the employee
initially eligible for promotion. The Company may fill an
occupation on a temporary basis during the time required to
determine the successful candidate by the bid procedure.
E. An employee who refuses a permanent promotion shall be
required to sign a waiver form. Such waiver shall be binding
on the employee until revoked by the employee in writing, when
he will again be considered for such promotion.
15.7 FILLING TEMPORARY VACANCIES
A. VACANCIES OF THREE WEEKS (21 DAYS OR LESS).
In filling a temporary vacancy in an occupation within a line
of promotion for a period of three (3) weeks or less, the employee on the same
turn occupying the occupation immediately preceding the vacant occupation with
the greatest length of plant continuous service shall be offered the temporary
promotion. In other words, in filling all temporary vacancies in a line of
promotion, each turn shall stand on its own.
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32
B. VACANCIES OVER THREE WEEKS (21) DAYS
In filling a temporary vacancy within a line of promotion,
other than one caused by an employee vacation that continues beyond the initial
three week period, the vacancy will be filled as though it was permanent (A.1.).
The employee with the greatest length of plant continuous service occupying the
occupation immediately preceding the temporarily vacant occupation regardless of
the shift he is working. Such assignments shall be posted.
C. STATUS OF EMPLOYEES AT THE END OF A TEMPORARY VACANCY
1. When an absent employee gives notice at least two (2)
hours in advance of his intention to return to work
at the end of a temporary vacancy (that was filled on
the turn), he will on reporting displace the employee
promoted in his place and, in turn, the temporary
incumbents will be returned to the occupations from
which they came in the line of promotion if their
plant continuous service still entitles them to be
retained in such jobs; otherwise they will exercise
their plant continuous service on successively lower
ranking jobs.
2. When an absent employee is to return to work
following an extended period wherein the temporary
vacancies were filled by crossing turns, then
displacement of all temporary incumbents and their
returning to the occupations from which they came
will take place for the next payroll week covered by
the posting of the weekly work schedule if their
plant continuous service still entitles them to be
retained in such jobs; otherwise, they will exercise
their plant continuous service on successively lower
ranking jobs. In the interim, employees returning
from extended periods of absence will be offered
whatever jobs are available without displacement in
their home line of promotion.
D. When it is necessary to supplement the regular scheduled crews
by doubling over employees for a period estimated at less than
a full turn, the employees doubled over will be assigned
independently of the regular scheduled crews. This does not
affect the filling of temporary vacancies created by absences
of any member of the regular scheduled crews.
15.8 PROMOTIONS, REDUCTION IN FORCES AND RECALLS AFTER LAYOFFS
A. A qualified employee may exercise his plant continuous service
to displace a junior employee on lower ranking occupations or
occupations of equal rank where lateral movement is provided
for by connecting lines on the he line of promotion charts
only under the conditions listed below, provided he will move
laterally or downward in the line of promotion only until he
reaches the highest occupation where his qualifications and
his plant continuous service is sufficient for him to
- 28 -
33
hold. Employees displaced by more senior employees in a
reduction in force will move likewise.
1. In a reduction in forces.
2. If the occupation to which he is assigned is
eliminated.
3. If he is demoted because of inability to meet
satisfactorily the requirements of the occupation to
which he is assigned.
When an employee's position is filled following a reduction in force,
he will be required to return to that position (unless the employee has since
bid into another line of promotion).
B. If an employee would otherwise be laid off due to a reduction
in force, or the elimination of the occupation to which he is
assigned, he may be retained in the line of promotion if he
has sufficient plant continuous service to displace a junior
employee on the occupation that is next above the occupation
to which he was last permanently assigned; provided, however,
the employee with the greatest seniority similarly located
will get the benefits of the promotion provided he is
qualified.
C. Employees who are the successful bidders for a job in a line
of promotion will enter the line of promotion with their
entire plant continuous service date for promotional purposes.
D. Employees may be promoted on increases in forces to an
occupation of higher rank in the line of promotion or an
occupation of equal rank in the line of promotion where
lateral movement is provided by connecting lines on the chart,
only when a vacancy is to be filled in such occupation.
15.9 TRANSFERS AND RETAINING SENIORITY RIGHTS
A. When an employee temporarily transferred is recalled for
regular assignment to a job in his home line of promotion, he
shall return to his home line of promotion on the next weekly
schedule.
15.10 TEMPORARY TRANSFER AT MANAGEMENT'S DIRECTION
A. An employee, who is temporarily transferred at Management's
direction will be considered in filling permanent vacancies in
higher ranking jobs in his home line of promotion the same as
if he were still actively employed in that line of promotion
on the job from which temporarily transferred.
B. If at any time during the term of a temporary transfer, the
services of an employee are no longer required by Management,
his temporary transfer will be terminated.
- 29 -
34
C. Senior employees, on rotating or frozen shift jobs, will be
given preference once every year for changing shifts on
January 1.
15.11 TEMPORARY LOSS OF WORK ARISING OUT OF STRIKES OR WORK STOPPAGES
A. Because of the difficulties of reopening the plants, no claims
for violation of seniority provisions shall be made or
processed in the grievance procedure with respect to the first
two (2) weeks after the ending of a strike or work stoppage.
15.12 MANNING NEW FACILITIES
A. Prior to the manning of a new or expanded department at the
Mt. Meigs Plant, Management and Plant Grievance Committee
shall meet to seek agreement in accordance with the Labor
Agreement to facilitate efficient manning and preserve job
security for longer service employees.
ARTICLE 16 - TERMINATION
16.1 This Agreement shall terminate at the expiration of sixty (60) days
after either party shall give written notice of termination to the
other party but in any event shall not terminate earlier than August 8,
2000. The company agrees to sit down with the union and discuss wages
after thirty (30) months.
16.2 It is understood and agreed herewith that with the signing of this
Agreement, both parties waive or withdraw all other questions raised
and/or discussed during negotiations but which have not been written
into this Agreement specified parts hereof or agreed to by other
action.
16.3 Any notice given under this Article 16, shall be given by registered or
certified mail, and, if given by the Company, shall be addressed to the
United Steelworkers of America, 6200 E. J. Oliver Blvd., Suite 44,
Fairfield, AL 35054, and, if given by the Union, shall be addressed to
SIMCALA, Inc., P.O. Box 68, Mt. Meigs, Alabama 36057. Either party
shall, by like written notice, advise the other of any change in
address.
16.4 It is the continuing policy of the Company and the Union that the
provisions of this Agreement shall be applied to all employees without
regard to race, color, religious creed, national origin, age, sex,
handicap or veteran status.
ARTICLE 17 - TRAINING
It is the intent of the Company to provide all of its employees with the
training required to evaluate, control and continuously improve all production
and support service processes and to maintain and upgrade the Plant to ensure
efficient production. This will enable the Company to provide its customers with
products and services which meet or exceed the customers' requirements and
expectations.
- 30 -
35
The following types of training will be required for all hourly employees:
Basics of Statistical Process Control
-- Training approach is to include:
-- Use of SIMCALA historical data in training programs.
-- Specific applications data used for special
functional areas:
-- Shipping data used to train Shipping
employees.
-- Production data to train Production
employees.
-- Raw material data to train Maintenance
employees.
-- Training in Statistical Process Control techniques
-- Gathering data, averaging numbers, SPC chart
production.
-- Determination of SPC control limits.
-- Recognition of out--of--control conditions and
appropriate actions.
Problem--Solving Skills
-- Training is to include:
-- Trend, Gap, Pareto and Ishikawa (Fishbone)
Minimum Competency Training (for employees below high--school
competency)
-- Training approach is to include:
-- Needs analysis for each employee.
-- Specific training as needed.
ESTIMATED TRAINING HOURS
Basics of Statistical Process Control: 6 Hours per Employee
Problem Solving Skills: 2 Hours per Employee
Minimum Competency Training: Structured to Individual's Needs
Other training for electricians shall be developed by the Company to
ensure adequate levels of competency when considering the electrical
complexity of the Plant.
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36
TRAINING DELIVERY APPROACH
- All training is to be delivered by qualified trainers at either the
SIMCALA conference room or off-site. Employees will be compensated at
the bid hourly rate for all training hours.
ARTICLE 18 - ENTIRE AGREEMENT
Section 1. This Agreement contains the sole and entire agreement and
understanding of the Company and the Union with respect to the
entire subject matter hereof, all prior discussions,
negotiations, commitments, and undertakings being merged
herein. During the negotiations which resulted in this
Agreement, both the Company and the Union had the unlimited
right and opportunity to make demands and proposals with
respect to any subject matter not removed by law from the area
of collective bargaining, and the understandings and
agreements arrived at by the parties hereto after the exercise
of that right and opportunity are set forth in this Agreement.
The Company and the Union, for the life of this Agreement,
each voluntarily and unqualifiedly waives the right, and each
agrees that the other shall not be obligated, to bargain
collectively with respect to any subject or matter whether or
not such subject or matter is specifically referred to or
covered in this Agreement.
Section 2. No Local Agreements, Bargaining History of Assumption of
Liability.
It is understood and agreed that no "local" agreements, letter
agreements, or understandings, bargaining, history, arbitral
or grievance precedent, plant practices or "traditions," which
were or may have been observed prior to the date of this
Agreement shall have any force or effect on the parties
hereto. The Union understands and agrees that the Company by
this Agreement is not assuming liability for any wages,
benefits, vacations or other rights which may have accrued
prior to the date of acquisition of the Plant by SIMCALA.
Section 3. This Agreement may not be modified of terminated orally, and
no modification, termination, or waiver shall be valid in
writing and signed by the party against whom the same is
sought to be enforced.
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37
IN WITNESS of the foregoing, the Company and the Union have caused this
Agreement to be executed by their duly authorized representatives, all on the
8th day of August, 1995.
SIMCALA, INC. UNITED STEELWORKERS OF AMERICA
AFL--CIO--CLC
BY: BY:
/s/ C.E. Boardwine /s/ George Becker
- -------------------------------- ------------------------------------
C.E. Boardwine, President/C.E.O. George Becker, Intl. President
/s/ Donald J. Williams /s/ Leo W. Gerard
- -------------------------------- ------------------------------------
Donald J. Williams, Corp. Dir. Leo W. Gerard, Intl. Sec.-Treasurer
Human Resources
/s/ Arthur M. Danison /s/ Richard H. Davis
- -------------------------------- ------------------------------------
Arthur M. Danison, Plant Mgr. Richard H. Davis, Intl. V.P. Adm.
/s/ Leon Lynch
------------------------------------
Leon Lynch, Intl. V.P. Human Affairs
/s/ Joe L. Kiker
------------------------------------
Joe L. Kiker, Director, District 9
/s/ David L. Newell
------------------------------------
David L. Newell, Staff Rep.
LOCAL 8538 NEGOTIATING COMMITTEE
/s/ Clarence W. Hellums, Jr.
------------------------------------
Clarence W. Hellums, Jr., Pres.
/s/ Johnny L. Ross
------------------------------------
Johnny L. Ross, Vice Pres.
/s/ T. H. Hatfield
------------------------------------
T. H. Hatfield, Chairman
/s/ Kyle King
------------------------------------
Kyle King, Committeeman
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SCHEDULE 'A'
STANDARD HOURLY WAGE SCALE
Job Class '95 Effective
-----------------------------------------------------------------
1-2 $11.485
3 $11.602
4 $11.719
5 $11.836
6 $11.953
7 $12.070
8 $12.187
9 $12.304
10 $12.421
11 $12.538
12 $12.655
13 $12.772
14 $12.889
15 $13.006
16 $13.123
17 $13.240
18 $13.357
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39
SIMCALA INC.
401-K PLAN
SIMCALA, Inc. and United Steelworkers of America have agreed upon the following
provisions in regard to establishing a 401 (k) plan for the benefit of hourly
employees at the Montgomery, Alabama plant:
a. The 401 (k) plan will be established no later than March 1, 1995.
b. Each hourly employee has the option of participating in the plan by
contributing, from each pay, a percentage of their compensation.
c. The Company has agreed to match 100% of the first 2% of employee
contributions.
d. Employee contributions are not now subject to Federal and/or State
income tax.
e. A choice of investment options will be offered for each participant.
f. Employee contributions are 100% vested.
g. Employer contributions are 100% vested after five years of service,
including plant service prior to enrolling in the plan.
h. SIMCALA, Inc. will pay the administration charges necessary to maintain
the plan.
i. SIMCALA agrees to fund any employee contributions which were deducted
from an employee's payroll check but not paid by SiMETCO, Inc. (under
its old plan date: __/10/90), as of September 17, 1993. Such amounts
shall be funded plus 5% interest from the date signed below over the
first twenty (20) days after the establishment of the plan.
SIMCALA, INC. UNITED STEELWORKERS OF AMERICA
Local 8538
/s/ /s/
- -------------------------------- -----------------------------------
/s/ /s/
- -------------------------------- -----------------------------------
/s/ /s/
- -------------------------------- -----------------------------------
/s/
- -------------------------------- -----------------------------------
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40
SIMCALA, INC.
PROFIT SHARING AGREEMENT
Section 1. Effective August 8, 1995, the operating profit of the Mt.
Meigs plant will be considered in the derivation of a Profit
Sharing Bonus for all employees of the plant. The term
"operating profit" is defined as the Mt. Meigs Plant profit
before interest expenses and taxes ("Profit").
Section 2. A Profit Sharing Pool is established and will include the
total amount of funds that will be distributed to the hourly
employees of the plant at various levels of operating profit.
All active plant hourly employees who satisfy the eligibility
requirements of Section 5 of this Appendix will share equally
in the funds provided at the appropriate level of the
Distribution Pool (the "Pool") for the amount of the operating
profit earned. The Pool will remain a fixed amount for the
life of the 1994-199_ Agreement. As necessary, the monthly
bonus will be calculated through interpolation within the
Pool.
Section 3. The Profit Sharing Bonus, if earned, will be distributed on a
quarterly basis. The first quarter of the Plan will be the
three month period beginning fiscal January. 1995 and
concluding at the end of fiscal September, 1999. The last
quarter of the Plan will be the quarter ending fiscal
December, 1999.
Section 4. The Company will provide to the Union on a timely basis at the
end of each quarter information, including P&L statements and
pertinent data from outside audits regarding the Mt. Meigs
Plant operating profit and the derivation and calculation of
the quarterly Profit Sharing Bonus. Checks for the Bonus will
be issued promptly upon calculation of the Bonus.
Section 5. To be eligible to receive a Profit Sharing Bonus for a
particular quarter, an employee must meet the following
requirements:
(a) The employee must have satisfied his probationary
period by the beginning of the quarter being
considered.
(b) The employee must have worked at least two hundred
forty (240) hours within the quarter, or have been
off work due to an on-the-job-injury. Hours will be
considered as worked for all paid time away from the
job. Union leave and S&A.
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Section 6. A cap of $150,000 is provided on the Profit Sharing Pool.
QUARTERLY PROFIT DISTRIBUTION POOL
---------------- -----------------
$3,000,000 $150,000
$2,500,000 $120,000
$2,000,000 $ 90,000
$1,500,000 $ 65,000
$1,000,000 $ 40,000
$ 500,000 $ 20,000
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42
SIGNATURE SHEET
PROFIT SHARING AGREEMENT
SIMCALA, INC. UNITED STEELWORKERS OF AMERICA
Local 8538
/s/
- -------------------------------- -----------------------------------
/s/
- -------------------------------- -----------------------------------
/s/
- -------------------------------- -----------------------------------
/s/
-----------------------------------
/s/
-----------------------------------
/s/
-----------------------------------
/s/
-----------------------------------
/s/
-----------------------------------
Dated:
------------------------
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43
SIMCALA, INC.
LOCAL AGREEMENTS - MONTGOMERY PLANT
AUGUST 8, 1995
1. Safety shoe allowance will be $50.00 per calendar year. Allowance not
used during the year of entitlement may be carried over into the next
year with the total accumulation not to exceed two allowances during
any calendar year.
2. Overtime meal allowance will be set at $2.00 and $5.00.
SIMCALA, INC. UNITED STEELWORKERS OF AMERICA
Local 8538
/s/
- -------------------------------- -----------------------------------
/s/
- -------------------------------- -----------------------------------
/s/
- -------------------------------- -----------------------------------
/s/
- -------------------------------- -----------------------------------
/s/
-----------------------------------
/s/
-----------------------------------
/s/
-----------------------------------
/s/
-----------------------------------
- 39 -
44
Exhibit 'A'
1. Maintenance Department Progression:
Certified Electrician
|
Shift Maintenance Man
|
Welder / Maintenance
|
Blacksmith
|
Oilier / Helper
2. V.S. Department Progression:
Raw Material Handler
|
Stores Attendant
|
V.S. Attendant
|
V.S. Bagger
3. Shipping Department Progression:
Finished Material Handler
|
Shipping Labor
4. Furnace Department Progression:
Head Furnaceman
|
Furnaceman
|
Head Tapper
|
Tapper
|
Furnace Crane
|
Ladle Repairman
|
Metal Breaker
|
Furnace Labor
|
Electrode Installer
- 40 -