BLS Contract Collection – Metadata Header This contract is provided by the Martin P. Catherwood Library, ILR School, Cornell University. The information provided is for noncommercial educational use only. Some variations from the original paper document may have occurred during the digitization process, and some appendices or tables may be absent. Subsequent changes, revisions, and corrections may apply to this document. For more information about the BLS Contract Collection, see http://digitalcommons.ilr.cornell.edu/blscontracts/ Or contact us: Catherwood Library, Ives Hall, Cornell University, Ithaca, NY 14853 607-254-5370 ilrref@cornell.edu Contract Database Metadata Elements (for a glossary of the elements see - http://digitalcommons.ilr.cornell.edu/blscontracts/2/) Title: Goodyear Dunlop Tires North America, Ltd. and United Steelworkers of America (USWA) Local No. 135 (2003) K#: 1902 Employer Name: Goodyear Dunlop Tires North America, Ltd. Location: NY Buffalo Union: United Steelworkers of America (USWA) Local: 135 SIC: 3011 NAICS: 326211 Sector: P Number of Workers: 1000 Effective Date: 08/20/03 Expiration Date: 07/22/06 Number of Pages: 238 Other Years Available: N For additional research information and assistance, please visit the Research page of the Catherwood website - http://www.ilr.cornell.edu/library/research/ For additional information on the ILR School, http://www.ilr.cornell.edu/ 2003 - i 9 d d 2006 110%e cl GENERAL AGREEMENT I Between 1o odyear Dunlop Tires North America, Ltd. Buffalo, New York 9 l and I United Steelworkers of America Local #35I Expires 2006 b TABLE O F CONTENTS ) Page ) ARTICLE I - RECOGSITION SECTION 1.01 -BARGAINING UNIT SECTION 1.02 -UNION SECURITY ) ARTICLE I1 -UNION SECTION 2.01 -UNION FUNCTIONS ) SECTION 2.01 -UNION RESPONSIBILITY ) ARTICLE I l l - LIANACEMES1 ,- A RTIC1.E IV - BARGAINING PROCEDURE SECTION 4.01 -CllANGE OF PERSONNEL 7 ) SECTION 4.02 -UNION DIVISIONS 8 SECTION 4.03 -GRIEVANCE PROCEDURE 8 SECTION 4.04 -ARBITRATION PROCEDURE 10 9F-P- T .l. O- .N 4 05 - RARGAININO- C-~O MMITTEE MEETINGS 14 b 4.06 - NO STRIKE - NO LOCKOUT- 15 NON-LIABILITY CLAUSE 4.07 -PAYMENT TO LOCAL UNION 16 REPRESENTATIVES ) ARTICLE Y - HOURS O F WORK 17 SECTION 5.01 -STANDARD DAY & STANDARD WEEK 17 SECTION 5.02 -MINIMUM SCIIEDULED DAY FOR SAT. 18 OR SUNDAY SECTION 5 03 -REDUCTION OF HOURS 19 b SECTION 5 04 -STANDARD SHIFT STARTING TIME 1'4 SECTION 5 05 -CHANGE IN OPERATING SCHEDULES 20 SECTION 5 06 -WORK PRIOR TO HOLIDAY 20 SECTION 5 07 -DISTRIBUTION OF REQUIRED 21 OVERTIME 22 - 5 08 -OVERTIME - GENERALRULE24 S SECTION 5.09 -OVERTIME (Scheduled Sir (6) Dry SECTION 6.01 -MINIMUM. GUARANTEED AND BASE RATES SECTION 6.02 - ADMINISTRATIVII POLICIIIS - STANDARD IlOUR PLAN SECTION 6.03 - REPORTING I N PAY SECTION 6.04 -TIME AND ONE-IIALF SECTION 6.05 - TlMlI ANDONE-IIALF SlXTll DAY SECTION 6.06 - DOUBLETIME SECTION 6.07 -TRIPLE TIMI! SECTION 6.08 - PREMIUM COMPENSATION SECTION 6.09 - PAY FOR HOLIDAYS SECTION 610- SHIW BONUS SECTION 6.1 1 -ABSENCE DUE TO D M T H I N FAMILY SECTION 6.12 -PAY FOR JURY DUTY SECTION 6.13 -PAY FOR TIME LOST DUE TO INJURY SECTION 6.14- PAY FOR TIME SPENTIN FIRST AID ICCUPATIONAL ILLNESS AND lN JURY SECTION 0.15 - FAII) TWIINTY (20) MlNUTli LUNCH PERIOD AND HR EAKS SECTION 6.16- PAY FORCOMIP ENSATION BOARD ~IlRA~RlNO~.~ . . ~ ~ ~ ~ . SECTION 6.17- PAY FOR WITNESS-COMP. IlEAKlNG SlICTlON 6.18 -MILITARY - ANNUAL TRAINING SECTION 6.19 -MILITARY SllRVlCE - PHYSICAL EXAMINATION ARTICLE\'I I -SENIORITY SECTION 7.01 -BASIS AND PURPOSE SECTION 7.07 - PROMOTIONS AND PERMANEKT 53 TRANSFERS 7.08 -LAYOFF - GENERAL 57 7.09 -LAYOFF ON THE JOB 58 7.10 -LAYOFF OUT OF DEPARTMENT' 59 - - - 7 1 1 - (LAYO~ FF EXCEPTIONS 59 SECTION 7.12 C R E W LAYOFF 61 SECTION 7.13 -IMPROPER LAYOFF 61 SECTION 7 1 4 -MEDICALLY RESTRICTED EMPLOYEES 61 SECTION SECTION SECTION SECTION SECTION SECTION SECTION ARTICLE \'Ill - VACATIONS WITH PAY 74 SECTION 8.01 -ELIGIBILITY ANDVACATION PAY 74 rOMPllTATlON - - - . .- . . .qF-TT.IO. N R.05 - VACATION PERIOD 77 SECTION 8 06 -PLANT SHUTDOWN PERIODS 78 ARTICLE IX - GRADED hIECHAKICAL DEPARTMENT SECTION 9.01 - WAGES SECTION 9.02 - IlOLlDAYS SECTION 9.03 -SENIORITY SECTION 9.04 -TRANSFERS SECTION 9.05 - LAYOFI' SECTION 9.06 -RECALL GRADED MECHANICAL DEPARTMENT SECTION 9.07 - J O B POSTING SECTION 9.08 -OVERTIME SECTION 9.09 -GENERAL PROVISIONS SECTION 9.10 -OUTSIDE CONTRACTORS SECTION 9.1 I - JOURNliYPERSON CARDS SECTION 9.12 - SECTION 9.13 -GRADED MECIIANICAL EMPLOYEE TRAINING SECTION 9.14 -TOOL REPLACEMEN1 SECTION 9.15 -JURISDICTION ARTICLES - GENEKAI. RULES SECTION 10.01 -NECESSARY RELIEF SECTION 10.02 -BULLETIN BOARDS SECTION 10.03 -WORK CONFINE TO BARGAINING UNIT SECTION 10.04 - DEPARTMENTAL AGREEMENTS SECTION 10.05 -T IME CARDS SECTION 11.01 - SANATATION SECTION 11.02 -PROTECTIVE EQUIPMENT SECTION 11.03 -ACCIDENT PREVliNTlON SECTION 11.04 -EYEGLASSES SECTION 11.05 -SAFETY COMMITTEE ARTICLE XI1 - I.ECISI.AT10S SECTION 12.01 -SUBJECT TO STATE OR FEDERAL LEGISLATION ARTICLE XI11 - TEKhllSATION SECTION 13.01 CESERAI. \\'ACE I\CREE>IEST COST OF LIVING ALLOWANCE NEW EMPLOYEE WAGE SCllEOULE PREPERENTIAL l l lRE AGREEMENT THlS AGREEMENT, MADE AND ENTERED INTO THlS 2O'rtl DAY OF AUGUST. 2003, BY A N 0 BETWEEN GOODYEAR DUNLOP TIRES N.A., HEREINAFTER REFERRED TO AS THE "COMPANY' AND LOCAL UNION #I35 OF THE UNlTl iD STEELWORKERS OF AMERICA. AFFILIATED WITH THE AFL-CIO-CLC. HEREINAFTER REFERRED TO AS THE "UNION." The mutual desire of the above panics being to continue to promote moperation and harmony. m d to formulrlc tules e govern relatiunrhips betweet) chc Union and the Company. The lcmr and provisions of this agreement shall apply without discrimination. with respect to discharge. compensation. terms. conditions or privileges uf employment. becrurc ofrace. color. religion. age. sex or national origin. Employee means all pmans covered by !his Agreement whether male or Ibmale. m d the use af masculine pronoun* or alher masculine terms shall include the feminine. The Company and the Union recognize that a high level a f productivity is necessary at [he Buffalo Plant to produce tires at n competitive price in today's marketplace. I n addition. thc Union refapnizcr that n high lcvel ofbenefils and wages can be maintained only by u high level of productivity. To this end. the Company and the Union and its members agree to impruvc productivity in order to atwin as high a level o f producriviry as is consistent with the health and rclfure of employees. The Company and thc Union both realize that by improving productivity to attain a competitive position in (he industry. jobs may be eliminated. The Company and the Union agree to make every effoon to obwin other work far cmployces at the time of job elimination, provided the cmployeer are qualified. - ~ - - - ~- - - ~~ ~ ~ ~ - - ~ ~- - ~ ARTICLE 1 RECOGNITION SECTION 1.01 - BI\RGAININC USIT (A) The Company recognizes the Union as thc exclusive collective bargaining agency for all praluction. minlcnnnce and wnrehoure cmplayees at the Bumlo Plant and br m y future tire manufacturing facility within Ningarn or Erie County. l i \ c l ~ J r Ji r .m thr lllrgrln8ng Un.1 nrc 211 \upcnt,or).. gcncnl oftier. plnnl prlllr;lldn, te;hn.rrl, cng~nccnng,p crwnncl. ~ n u ~ s mno~l ~ 8ncrnng. pn*lu;l~un pl lnn~ngan d < ~ i e t r cnm~p luyccr (8) The automation ofjubs in thc Urrgaining Unit wi l l nu, be used as o basis for changing such jobs from bargaining unit srlrur m non-bargaining u n i ~ SUIUS. (Cl The Company ngreer to mccc with and bargain with the representatives of the Union on all matters pertaining lo rntes of pay, wages. h a m o f employment. working condilionr and other conditions o f cmployment. SECTION 1.02 -UNION SECURITY (A) It shall be a condition o f employment that all employcer o f the employer covcrcd by this Agreement who are mcmbcn of the Union in gmd standing on thc effective dale ofthis Agrecmcnt shall rem in mcmben in good standing and those who are no! member, on the effective date o f lhir Abmemcnt rhnll, on the thirtieth (30th) day following the effective dnrc of this Agreement. become m d remain members in p o d standing in the Union. I t rhnll also be a condition of cmploysnent that all employees covered by this Agreement and hired an or aner its effective date or trvnsfcncd into thc Barguining Unit on or nlrcr its effcctivc date shall. on the rhinicth (3Olh) dry following the heginning of such cmployment or rrnnrfcr hreomc and remain members in goud rtmding in the Union. (B) The provisions afthe v h v r parnblaph of this Section rhnll not apply to m y cmploywr covered by this Agreement to whom membership in the Unioll ir denied or whose mrmbcrbhip therein has been terminated for reasons other Lan chc failure ofsuch empluyre to render his iniciariun fcc or periodic dues. (C) Any rmployee who fails to mcel the requirements o f this Section shall not be retained in the employ ofthe Company provided that !he Union rhnll have notified the Company and the cmpluyee in wi l ing of such default and said employce shall haw failed to remedy same within ten (10) days ancr receipt o f such notice. (D l The Company agrees to deduct from the wages o f thore emplayres. who so authorize i t by written nsrignmcnt, regular monthly Union Membenhip Dues. (E) This dues assignment m d dues deduction authorization shall be inevocable for u period of one ( I ) year from the date of execution or until the ex~irationd ate o f chis Ae-r ecmcnt. whichever occurs rwnet. Said a s r i p e n ! and dues dcduction authoriwtion may be revoked upon written notice being delivered to the Company and the Union during the penad ten (10) days prior to the expintion o f thc one ( I ) year pcriod or thc expiration of this Agreement. whichever occun sooner. (F) ( I ) The form of this assignment, dues deduction authorizrtion and directive shall be ns follows: (2) DUES AUTHORIZATION AND DEDUCTION FORM (Under 1973 Agreement): Social Security # ........................... Date .......................................... Effcctivc this dare I hereby authorize the Dunlop Tire Corpontion to deduct from my wager, and the Trurtce and its A w n s of the SUB Fund to deduct fmm mv. S.un.olc mcntal Unem.n la.vm cnt Benefits (.SU.B). oa.vvb le to me from the SUB Fund. rcgularmonthly mcmbership dues in such amount as may be fixcd by Local #I35 in accordance with the procedure prescribed by the cunalilution ofthe lniemntionrl Union. and assigns such deductions to Locnl Union U135, United Steelworkers of America, as provided in the cumnt Company Agrccmcnt and in any extension thcrrof as provided in said Agreement. I also hemby authorize the deduction of and assign unpaid monthly membership ducs past due at Be time o f the l i n t deduction made hereunder, or at !he time of any subsequent deduction made hereunder. provided, howcvcr, thrr such unpaid dues so dcductcd at no time exceed the unpaid dues for the three (3) month period immediately preceding the ~ ~~ deduc t ion . ; ~~ ~ - ~- --~ ~ - ~ ~ -~ This assignment and authorization shall hc irrevocable for the period of a one ( I ) year from the date hereof or until the termination o f the current Collective Bargaining Agreement between the Union and the Company, a whichever is the shorter period. At the end of the original period of irrevocability. and each renewal period o f irrevocvbilicy this assignment and authorization shall be automatically renewed and be irrevocable for a like pcriod of one (1) year or until the teminarion o f the then current Agreement between the Union and the Company, whichever ir the shorter. unless 1 give notice revoking this assignment and ruiharizvtion during the a n (10) day period immediately following the end of ruch a petiod of irrcvoesbility. Such u notice revoking this assignment and authotizati0n shall be given by written notice delivered by registered mail to the Local Union and the Company. a a a (3) "The Union will save the Company andlor the Trustee or Agent under the Supplemental Unemployment Benefits Plan hvmlers with respect to any claim, suit, judgment or other liability resulting from any drduccion made from thc employee's pay pursuant to the above authorizations and assignments, or pursuant to any list a furnkhed by the Union o f current monthly membership dues deductions including any anraragcs, whether such deduction is a consistent or ineonristcnt with such rutharirationn m d assignments. Thc Union shall also indemnify and save harmless a the Company andlor the Trustee or Agent under the Supplemenwl Unemployment Benefits Plan in any case where an individual has signed and delivered to (he Union such authorization and ossignmcnt hut the Union has hi lcd to so advine the Company rndiur Trustee or Agents in vccordvnce with agreed procedures :m.l i;;.lrJ~ngly JcJ.t.18dn h.., "41 hccn maJc !ram tnc cmp .)re'\ w pr! I n c ~ a m p ~ nu4).l co.~pr.r,lc uc:n the I.08~1tl.I ) inc dei~n.c.,l \.ch c m n n,\ ~ ~ . l,t . i \ ."~tnhrc 1.11;at 1:n~un ~ t w n ri.v~c ,r . ,I ~ n, v ruch claim and furnishing the Local with any applicable data." (G) Authorized dues deductions -,ill be made from the wnges ofemployees in a the first (ull week of each month. The Company will promptly remit dues ro deducted ta the bonded ofticer Financial Secretary o f the Union. Any employees who owes dues to the Local Union and leaves the active payroll for any reason, such dues shall be deducted from his last pay check. a fH) The Union Finsncinl Serretnrv shall furnish lo the Personnel Department - not later than the twentieth (20th) day o f the month a list of those members who we= absent in the previous chcck off ccek m d w ho require makeup deduclions to bring their duer up-to-date. (I) If. during the lifc of this Agreement. the Constitution of the USWA should change so as lo require the payment ofducs from mcmben who are receiving Sickness and Accidcnr Insurance Benefia or Supplemental Worken' C o m ~ n l r t i o nB cnelitr and i t is cstsblishcd that LCd eduction of dues from such pvymenlr i s legally pennirnible. he Company will, upon request fmm the Union. explore thc pncticality ofestablishing a program under which dues might bc deduaed from such payments. UNlON SECTIOS 2.01 - US lOS FUNCTIONS I t is recognized that L c function of the Union is la reprerent those employees o f the Company who are covered by this Agreement on m l t e n pcnaining to nles of thereto. SECTIOS 2.02 -UNION RESPONSIBII.ITV The Union recognmcs the respunsibilitics imposed upon i t as the exclusive bargaining agent o f the cmployeer designvtcd in this Agreement and (he rupplcmcnts thereto and rcco&mires that the Company must k in a strong competitive position in order to provide maximum opponunities for steady employment. g o d w orking conditions and good wages. ARTICLE Ill SECTIOS 3.01 - AlASACEhlEST FUNCTIONS The management o f the business. opention of !hc plant. direction of the working forcc. and the authority to exerutc all the various duties. functions and responsibilities in connection therewith is vested exclusively in the Compmy. Thc cxcreisc of such authority shall not connict with thc provisions of this ~ g r c e m motr any Supplements thereto. --. ~~- ~ ~ -~ ~ ~ ~ = - - - - - . ~ ~- ~ ~ ~ ~ ~ ~ ~ ~ SECTION 3.02 - EhlP1,OYEE \\',\RSISG SOTICE SUSPESSIOS O K DISCHARGE (A) 1st Step A meeting will be held with the employce. shin committeeman and employee's immediate cupervisor to review the infnction. The superviror m y i rruc (he employee a writlen wvming within 7 calendar days aner the mceting (copy tn U n i o ~re prewntulirc) stating the nature and (he frclr o f the c a w and nutiiying him that an immediate improvement or correction orthe infnc~ion(i)is cxpecled. A meeting will be held with the employee. shill eammittccman m d cmpl.)eur ~mmcurdlc, upm.wr IJ r c $ ~ r u~ h c~n i :~i l#..nT hc ,upm~.dr mr) .\rdc Ihr cmpl.<)rr a xmrln warning ullhm 1 ;alcnJ41 ~ 4ai-r! thr ~m ~~c etm-c .,f il.m, I., Unt.3" Kcnrr,rntlt~\c. rt;~#"nc ~ h c81 ~t.re 1n.1 ~ h c4 i t r of the ease and nocilying him that nn immedlnte improvrmcnt or cometiun oflhe infraclion(r) is cxpccled. 3rd Step A meeting will b held with the cmployuc. shin commifccmm and employec'r immcdiutc supervisor lo review the inlmclion. The supervisor may issue the employee il writlcn warning within 7 calendar days vner the mccfing (copy lo Union Representative) staling the naurc nnd the facts o f the cow and notirying him lhal nn immediate improvement or comctian ofthe infmction(s) is expected. The Business Center Manager. thc employee's immcdirtc rupervisor. Division Chairman and employee involved shrll meet and discuss Ihr inrnction, A, chis rtcp !he employce m y b e given n writlcn nulice within 7 calendar drys vftcr b e mecling seting that any rcoccuncncc. i f L e condition wumns, wi l l result in immediate suspcnriun or dircharge. 5th Stop The Company rcpresenlalivc ahall notify the Division Chairman and Ihc cmploycc in writing o f !he suspension or discharge pnnlty. I f thc employee bcliever he has k e n unjustly dealt with, he m y r equcrl m d shall b grnnted n hearing the same or next working dry. Tho Huriness Center Manager, ruprvirar involved. Le Division Chairman vndlor Chief Steward and the employee involved, shall bc pr~srnal 1 L c h nring. ' (8) There may be individual cases of a serious nature (Ulefl. afsault, deliberate ) bad workmanship, smoking in critical rrcas, etc.) that do not rcquire the above procedure and it will be impossible in these eases to have a meeting prior to suspension or discharge. Any suspension under this paragraph ) will also serve as step under 3.0Z(A). If a meeting is held the appropriate Management personnel involved and the appropriate Union ) representatives should be in attcndmce. ) (C) The above does not preclude the right of Management to takc an cmployee ' offrhe job for cause. (D) A copy of m y repon given to an cmployee concerning his record with the ) Company shall also be given to the Union Division Chairman, or delivered to [he Union office at the time of recording notice recording a surpcnsion for absenteeism will be revicwcd by the ) Mannger of Employee Relations and the Union Prcsidcnt upon the request of the employee one (I) year from the date of issuance of the last warning ) note. If thc employee's attendance record has been carrcctcd, such warning notice will be destroyed. (F) Any employee bund to have becn ~njustlys uspended or discharged r i l l bc reinstated to their formcr position without loss of senioriiy and will be ) campen~ated for all benefits in all agreements with the Compmy. b provided the employee or the Union liles a grievance with the Company within sewn (7) days (excluding Saturdays. Sundays and holidays) aRer B ARTICLE IV -b RARGAINING PROCEDURE SECTION 4.01 -CHANGE OF PERSONNEL ;A) Thc Company will keep thc Bargaining Committee informcd of changes in ) supervisory penonnel and the Bargaining Committee vgrecs ba t it r i l l keep on file with the Company an up-to-date written list of its accredited b representatives. v (B)iThe~Companywi!l keep the Union informed in writing w e e k I y Y o ~ h i ~.~ . )= transfirs. rcculls. layoffs, suspen:ion. discharger and laid off employees b who hare refused recall or have failed to respond to recall and have been removed from the recall list. SECTION 4.02 -UNION DIVISIONS (A) For the purpose o f adjusting grievances, the factory shall be set up in divisions by the Btrgvining Committee and the Company. (B) Each division shall hvve a chairman. Each department or group of dcpunmmls shall hvve a ehicf committeeman (Mechanical two (2) chief committeemen), and dcpanmentnl committeemen sr necessary to carry out the funcliuns of the Union efficiently. SECTION 4.03 -GRIEVANCE PROCEDURE (A) A grievance is a complaint, dispute or controversy in which it is claimed that the Comprny h s f ailed to comply with an obliwtion assumed by it under the l c m s ofthis Agreement. and which involved either (I) a dispute as tu the facts involved, (2) n question concerning the meaning. iermretution, scupc or application of this Agreement, or (3) both. In reducing a gricvvnce to writing, the following infurmation shall be stated with rcasanable clarity: the exact nature of L~Lg. rievance. (he act or acts complained o l m d whcn they uccurred. thc identity, if known, o f the employee or employees who claimed to be aggrieved, the provisions, if any. of the General Agreement that the employee or employees claim thc Comprny violatcd and the remedy they seek. A gricvvnce shall be presented within wmty-one (21) days of the alleged violatian. The preceding sentence is ie~vpplicable for thosc sirualions and filing requirements under Section 3.02 F. T l lE COMPANY'S ANSWER ON T l lE GRIEVANCE WILL STATE WITH REASONABLE CLARITY AS TO Wl lY THE GRIEVANCE WAS HONORED OR DENIED. The partier agree that the Company liability for retroactive pdyment or grievances shall be limited to ninety (90) dvys fiom dare of written grievance. The panirs agree that the Company liability for retroactive payment u f job evnluatian grievances shall be limited to ninety (90) dvys frum date o f written job request study. (6) The parties ,o this Agreement recogniru that the gtiev~nces hould be scrtled promptly and as close to the source as possible. Funher, both pvnies wi l l endeavor to present all thc facls relating to ~ h gcr ievance at the fin, ncp in the grievance procedure. (C) A l l dirputcr. dilferences and grievrnccs prnaining to rates a f pay. wager. hours of employment. working conditions and other conditions of empl~yrnent under this Agreement shrll be presented: Step I To the depvnmrntal vndior shin supcrvisar. The employee or empluyecr mny present the grievance directly or in the company of the Cummitlceman. i f desired. Failing rettlrment. capics o f the grievance shall be rrduccd to wtiting in quadruplicate. dared and signed by the employee or employecr and Committeeman. Written copies wi l l be distribuccd to the Managcr Labar Relations. the Union Grievance Chairman. the Division Chairman and the remaining copy la the immcdiute supervisor under Step 2. The written gricvrncc shall be adjusted in the following mmner: Step 2 Rclwecn the employee. Committeeman and Chief Committeeman. immediate supervisor nndiar depanmcnr supervisorishifl foreman or rppointecs. I n the ercnt an agreement cannol be reachcd within forty- eight (48) hourr. excluding mn-working drys. thc malter shall bc rcfcmed to: Stcp 3 Division Chairmm. Chief Committeemvn and Rusincss Cenlcr Munuger or his appointees. If at J2c ~J C ; # ~ #u~#I!~h# ut hin) d l l r dz), i r ~ mthc sblr ~ f l h etled lln,: un inc ;ro:\au;r. unl.,i. ~JJ.l~.,rntI nlc I \ rc.l..;%tcJ h) h l n md I ~ L I L LI! ~ d t e t1~0 ol ) the C.IIIIP~II). m J t ile tldrg.#ntng C'~8nnuts: (F) ;=The decision o f ~ h _ eA rbiLr!tor shall be final @binding upon bolh pmiec. (G) I t is undem!ad and agreed that the Arbirmtar shall have no right or power to add to or subwet frum or to change the terms of this Agrcemen! or the Supplements lhcrelo and thal the Arbitrator shall haw no right or power to disregard any ofthe express provisions o f this Agreement or supplements thereto. (H) Al l costs of arbitration. including all fees and agreed upon expenses orths Arbitmlor. rhall be paid in qua1 propanion by the Company and thc Union. (I) It is undcntood and agreed thal the parties wi l l make every effort to clearly dcline and agree upon the "issue' before presenting the grievnnce to thc Arbitmlar. . , the cmplayee involved must sign written approval ofthe mini urbitmtion procedure. The decision reached in the mini d i m t i o n procedure shall be fully binding upon the Compmy. Union and employees invalved. The provisions o f (G) (11) and (I) above shall also apply to the "mini arbi,ncion" procedure. I. GUIDELINES - Mini- Arbilmtion ;ill apply p r iA r i l y to &r. disciplinary actions, and name monetary grievmcer. 4 In carps of monetary grievance mutual ogrecment must he rcnchcd before they con be submitted lhrougll the mini- 4 arbitration process. Awards by the nrbitmtor for monelvry grievances arc limiled to nu more than $1000.00 for each grievance presenCed. 4 A maximum of six (6) pievirnrcr p r hearing wi l l be presented by the pvnies unless thc panics muh~ullyn grec to ( prcscnl mare. In submitting grievance the Union shall select 50% o f those rubmirted,the Campmy 50%. 4 The panics agree thrt presentationo fthese canes shull be made, where possible, by ,hose clarcrl lothc dispute, 4 n u m l l y by a stcwnd for thc Union, and n supcwiror far the Compmy, or other Union and Management designees. 4 12 4 INTRODUCTION OF CASES Panics will present jointly to the Arbivrlar at the stan of clch cxrc a rrnlan SwlcmcnL as lo thc .,,LC UJ I ~ iCa ~ L ~n\ohc . I I%#$il l!enlen#t wtl . n : l ~ ~ ac br~cidcs:r#puon. ,f l c d ~ipulrdp uwons ,f !he p m t n So railr c mk procn~rdl h ~alr c no, a rclr.retrrd p m .>f!hlru r.sen mremmr and r%r p.ntl) O I P J I I Z C ~ 1s ~ L , ~ C ~ C C So arguments m ~ a) ~ n i l ~ d cIna l hlr urtnen swtcmcn! ARGUMENTS Each advocate will be ollowcd nppraximately ten (10) minutes to present the nrgumea(s) suppaning their position. The decision on who goes l int wilt be determined by coin flip at the time of choosing the cases to be orescnted. The- can be anl,vo ne r.o okcrm for each pany in each case. REBUTTAL AND CLOSING Each advocat~w ill be allowed appmximnrely (5) minutes lo present any rebuttal and their respective closing rwtcmcntr. This rebuttal will be in the sameorder us the main arguments ARBITRATOR'S QUESTIONS The Arbirrator shall have the right to ask up to rwo quertions concerning the facts of the care not in evidence as pan of the witten statement. The questions (if asked) will be addressed to each advccare so Lst each edvoertc may have r chance to mswer. If there is r dispute between the ndvmntes as to the f a d s exisfence then the "fact" musl bc discarded by the Arbivrtor and cannot be eonsidercd in making decision. The Arbisator cannot ask such questions until both advocates have rested their case. Thc Arbitrator canno? ask eiUler advocate for a clarification of his arguments. VI. GENERAL ~P-~: ;The Arbitrator will answer each case with an answer or either "Grievance Sustained. Remedy is (Specify)" or "Grievance Denied. The cases will be answered wilhin thiny (30)d rys ofthe hearing. Each party will have h e r ight lo request a written opinion of the ~rb i t ra toero nccrning one o f the canes answered. No rccescr may be calledduring the presentation ofthe ETSCI. Each odvocak wi l l be allowed an arsistuoc for note raking during the prewnlnlian ofthe cases. Decisions rendered in mini-arbitration shall not hnvc precedent value. (K) I n the event o f an alleged violation of Section 4.06 hcrcunder, the issue arising therefrom m y b e submitted immediately to n pcrmanrnt arbitrator m d h eard by raid arbitrator within twenty-four (24) hours (or us promplly hsreaner nr possible) sncr the occurrence a f the alleged violation. If the nrhitrntor finds that tho Agreement has been violrtcd. hc rhvll order that h e party or p n o n r in violation cease and desist fmm such conduct and said order shall be in writing and shall be issued at the conclurion of the arbitration hearing. Ulilization ofthir pmcsdure by Ihe Company ir purely discretionary and its employment rhvll not opemtc as n condition upon the Company's reson to othrr conmelual, admininnlivc orjudicial remedies. (A) A meeting between the Plunl Bargaining Committee of the Union and thc Monogcr ofEmployee Rclationr or his appointee wi l l be held nor less lhvn twice edch month, on a Thursday, unless mutuslly o p e d othenvise. Whenever renronablc or pmcticoblc. mectingr wi l l be held w, as to avoid production delays. ( 8 ) I t is undemtod and agrecd that no subject pcnaining to ntcs ofpry, houn of wo*, working conditions and other conditions of employment applicable t o r specific depanmcnt shall be presented by the Bargaining Committc~o r Company at this meeting except as h i s subjccl has been discussed prior to !he meeting by the Union Division Chairmnn with the Burinerr Center Manager o f the dcpanmcnt concerned. SECTION 4.06 - S O STRIKE - N O LOCKOUT- SON-LIABII.ITY CLAUSE (A) The Union agrees that during the term of this Agreement there shall be no strikc, sympathy rtrike, stoppage of work, boycott, picketing. diminution, or suspension of work or any other me of interference. coercive or othewinc, with the Company's business. The Union also agrees this prohibits "self-help" ta all mvncrs including disputes concerning work asrignmcnts. I n rrwr of work disputes the Union recognizes cmployccs are required to perform Ule work assigned. Disputes concerning all marten including work assignments are to bc pursued through the Gricvancc procedure as specified in Article IV Seclion 4.03. The Company omees not to lock out employees over m y matter subject to the grievance procedure. including arbitration. Any cmploycc or gmup o f employees violating this provision shall bc subject to disciplinary accion including suspension or discharge. The Company and the Union shall not negotiate. and. except as provided in Article IV. Section 4.M(K). nor shall any arbitration hcuring pruceed on the underlying issue causing such intcmption until such l in~ean chc inlemplian has bcen remimaled. (B) ( I ) I n the event there is any such strikc. sympathy strike. stoppage of work. boycoll, picketing, diminution. or ruspenrion of work or any other typc of inrerfcrcnce. coercive or otherwise, with the Company's business, the Union wi l l either at its discretion or upon proper signed notification by the Company to the Union. immcdinrely post the following notice on all bulletin boards referred to in this Agreement. (2) "TO A L L MEMBERS OF LOCAL # 135 DATED: ........................ You arc advised that employees took ccnain unauthorized action in Dept. No. ....T his action is unauthorized by both the Local and lntcmationnl Union. Those employees engaging in such action are directed to promplly return to their respective jobs a d l o ceasc any action which may alfeet produclion. Ihc grievance in dispute wi l l be processed through the procedure provided in your conlract." (C) It is agrccd that an authorized oficer of the Local Union or an authorized representative of the International Union shall sign the above notice. Should the authorized officer o f thc Local Union fail to comply with the foregoing, m authorized reprerentalive of the lnt~mutionaUl nion wi l l do so. The Company agrees that in consideration ofthe performance by the Union of the undcnvkine- hcrcin irr,unlcd by il lo msl the rbow noticc with respect to termination of the unauthorircd snike, sympathy strike. I ~ O.~.D B- Z Co f work. bo.~ c011..p ick~ting,d iminution, or suspen~iono f work dr m) other r)pc o! ~ntrriercn.e. ..,cr:\s ,lr .~tnen#,c ,u l l h lhc Cornpa>)'. huv#ncr,, the Company ut1I wLc n.3 airtun b) u t (d r J ~ m l g \ l r ~ l n r !h e Unl,~tl. off icm. rgrnl. or m r r n k h fur bn.r;h oican!ra.l (D) The failure of the Company lo exercise thir right la discipline in any instance shall not be deemed a waiver o f h i s right in any other innancc, nor shall the Company's right to discipline employees for any other cause be in any way affcctcd by thir Aniclc. SECTlOS 4.07 - PAYMENTTO 1.OCAl. UNION REPRESENTATIVES (A) The President and the Vice President of Ihc Union or the appointees thereof, shall be paid their hourly nte or in the care of an incentive ~ m ~ l o y cthcci r AE. AElR or ASTIIB. whichever ir higher for eight (8) hourn r dry. Monday through Friday. whenever the plant is scheduled lo work. (H) n c h ourly n t e or in the case of an incentive worker his AE. AElR or ASTIIE, whichever is higher shall be paid: (I) Far the time last fmm !he job, whenever meetings between the Plant Bargaining Comminee ofthc Union and Monogcment are held. (2) For the time lost from the job by Union Represcnlntives meeting wilh reprerenmtivrn of Mnnagement for the purpose o f handling grievances. (3) For the time lost from the job by cmployecr for meetings wilh rcprensnLlrivcr o f Management for the purposc ol. (a) Explaining changing working rchcduler or other job relorcd problcmn. (b) Reviewingjab dcncriptianr or time standards inrtnrclion shece. (C) Wcnevsr the Union President or Vicc Prcridcnt leaves Ihc plant for a punion of n working dry without designating m nppainlcc and is being paid by the Company, lhsy will nolify the Mrnagcr of Employee Rclationr or his appointee or lo the nature of the Union Hudnenr and Ihc dumtion of thcir absence from the plmr. It ir agreed thnl the President and the Vice Prerident wi l l not be absent from the plant ot the same time unless they have designated m npplintee or unless mutually agreed otherwine. ARTICLE V b HOURS OF WORK 1 The panics have agreed to continue a 6-213 continuous apenlianr schedule as the primaty schedule for the Buffalo plmt. However, the I Company has resewed the right lo utilize a "0-1 eight (8) hour, five (5) day schedule in any area for some or all employees. The language set I forth in this Aniclc V (and in olhcr areas o f the General Agreement) regarding u,ork wcck sehedulcs. breaks, overtime and premium pay. holiday undentandingr and other agreements normnlly rcfers to the 6.213 continuou shin schedule. Some language in !he Genenl Agreement applies to both nehedulcs and languagc opplisvhlc to a normal eight (8) hour, five (5) day schedule is set fonh in Mcmonndum Number 2. ) SECTlON 5.01 -STANDARD DAY AND STANDARD WEEK ) (A) The standard shin shall be eight (8) or twelve (12) houn per dry m d the standard week shall be forly (40) houn plus work an the open shilt as 1 scheduhd. Any paid holidays that fall within the employee's scheduled work week shall beconsidered nr a whcdulcd day o f work. 1 (B) Eight (8) ar twelve (12) hours. ar applicable. in any wcnry-four (24) hour period shall constimtc a standard work day. Five (5) consecutive eight (8) hour work days beginning with rhc slrning time of the employee's shin on the fin1 day o f the employee's regularly scheduled work week for "A" and "8..c rews. Fourcon~ecutivce ight (8) m d t welve (12) hour days (per schedule) beginning with the fin1 day of the smployee'r regularly ~chedulcdw ork week shall constitute the standard work week for "C'a nd " D cren.~. (C) The above shall not be construed as a guarantee of houn o f work per dry or week unless othervise specified in this Agreement. (D) The standard pay period week shall stm Monday at seven a.m. and end the following Monday at seven a.m. 1E) Em.o lov.e cs in all deorments scheduled to work eieht 1,8.1 hour shins are requircd to remain working on their jobs except for a paid ten (10) minute break the fin1 ha l fo f the shin, a paid twenty (20) minute lunch. and a paid ten (10) minute break the last halfof the shin. Employees scheduled to work rwelve (12) hour shins are required to remain on their jobs except for a paid ten (10) minute break and a paid -~ - w_enty (20) minuF lunch during the first half of the shin, a paid ten (10) minule hreal;, and a paid fisnly (20) minute lunch, and. paid ten (10) minute break during the last half o f the shin. Exception: Due to the nature o f the operation. Depnnmenr 201 employees c m n t l y receiving two fiRcen (IS) minute b r d s and a twenty (20) minute lunch wi l l continue to do so. In addition, Dcpmment 201 m d 241 employcer wi l l continue lo receive paid warh-up rime, as urll na Ulc assigned maintenance pelsonnel in Deparunent 201. Also. due to the nahrrs of the operation, Departments 213 and 236 Curing Operators wi l l continue to bc relieved ar today. (F) (I)W ednesday of creh week will be the regular pay day strning with 'A' Shin. The Compnny wi l l continue m urc ill best efforts to make checks nvnilable for the'C'rhiR on the continuour apemtions schcdule prior to the end ofthcir shin each Wednesday morning. Exclusion: (a) A week in which a holidtty occurs may change this procedure. Poychcckr wi l l bc diruibuted in the depnnmenu an respective $hilts. I?) Emplc,!rr> nb,cn! frum u w k $on Bc rcg~lapr r) J,) will haretheor ehr:L, Jo,lnbulcJ to lhrm on the), rrrpcctnc rhln prvr~Jlng the) rc1I.m Id utlrk a t l l l t l tnc rJmr x m k (3) Vacation checks wi l l be distributed lo cmploycc~o n Thursday preceding thc vacation week. This procedure #3 will be complied with by the Company on a trial basin. Any nbua o f this paragraph. wi l l result in its discontinuance. The Company will work with thc Union to establish more reliable procedures lo help assure !hat employees receive vacation pay on lasl dry worked prior lo leaving on their vacations. Posribls prs-cut checks with plus or minus nngen will be considered. (41 Disability ehcekn wi l l be mailed directly lo employees from the in~urnnecc r r r i ~ r SECTION 5.01 - SIX AND TWO-TIIIRDS 161/31 CONTINUOUS OPERATIONS SCC1EDUI.E The ogrecd 6-U3c ontinuous openlions schedule ir as follows: M T W T F S S Crcw#A A A A A A Crov#B B B B B B c rcwuc C C C C Crew #D D D D D Munday - Friday - 8 huur rhiltr Saturday - Sunday - 12 hour r h i k SECTION 5.03 -REDUCTION O F HOURS (A) Norwithsrrnding any other provision of this Agreement, the Company may. without the requirement o f d i n g a layoff o f employees in accordance with the layoff procedure, reduce the schedule due to production requirements for a station, jab. dcprnmcnt or deprnmentr. to not less than twcnry-four (24) hours per week or may reduce the schedulc hours below twenty-four (24) for not more than two (2) conrccutive wcckr, or for more than two (2) weeks in any three (3) month period. An increase in the numhcr of consecutive w c e h or in the number ofwceks in a three (3) month periad may be made by mutual agrpemcnt hclwccn the Campany and the Bargaining Committee. The foregoing shall not be construed to reducing the number o f scheduled hours bclow the numhcr of hours in the normal work week before laying off employees in accordance with the lnyoffprovirianr o f the General Agrccmenl. (8 ) If an cmployce in ineligible for on Automatic Shon Work Week Bcnclil for such week and Be week ir a state waiting week, the week will be deemed to be a temporary layoff out of line o f seniority in conformance with Anicle I. Section I(B) o f the Supplemental Unemployment Benefits . Agreement (SUB), so long as !he employee docs not receive r Stale Unemployment Compenwtion Benetit. (C) The Company will cstablirh a procedure for notifying cmployce of any requirement to register at the Unemployment Oficc in order to establish a waiting week. SECTION 5.04 -STANDARD SHIFT STARTING T I M E ' (A) Thc standard shill starting times for shills arc us follows: CR.W #A 8 houmiday (7 A.M. to 3 P.M.) 5 days Mandry through Friday Crew #B 8 h o u d d a y (3 P.M. to I I P.M.) 5 days Manday through Friday Crew #C 8 hourslday ( I1 P.M. la 7 A.M.) Monday and Tuesday 12 h o u d d a y (7 A.M. to 7 P.M.) Svrurday and Sunday Crew #D 8 hourslday (I 1 P.M. lo 7 A.M.) Thursday and Friday 12 h o u d d r y (7 P.M. to 7 A.M.) Saturday and Sunday -- A - - -~ ~ - - -~ = ~-~ ~~- ~ - - ~~z~~ ~ -~ (B) The Company may change shin swning and ending timer by up to onc (I) h a w (forward or h a c h a r d ) from the "normal' shin swning timer rct fanh above by providing at least one ( I ) week's notice to the Union and affected employees to allow br daylight savings time. Cares in which operating conditions require r h i h to rm ill hours outside the above eomdors c i t h o for a temporary or indefinite period shall be reviewed with the Union Division Chairman and such change shall be mutually a p x d upon between the Burinern Center Mnnngsr and the Division Chairman before it becomes cffectivc. SECTION 5.05 - C H A R G E I S OPERATISG SCIIEDUI.ES (A) Advance notice shnll be givcn to Ihe Union Division Chairman and the Committeeman of the department offcetrd of any change to be made in c u m n t operating rchedulen. ( 0 ) Change in Scheduled Work Shin The Company's policy is not to indircriminrtely movc ~mployeesl a d i e r e n t s h i f k however, they reserve the right to reschedule the warking force to ntwin the most cfieicnt overall operation in order that the Company can bc in n favanbls competitive position. (C) Scheduling o f T w o (2) Different S h i b i n thc Samc Wsek I! ir not the Company policy to schedule employecn an two (2) different shins in the work week, except in cases of emergency or candilionn beyond the control a f t h c Company provided, however. that the Company m y e lect to utilize the normal eight (8) hour. five (5) day scheduling in any a m for w m c or all cmployccs. Employscn will be given nl least thirty (30) calendar days notice before rescheduling rrom continuoun aperncianr to the normal five (5) day rchcdulcr or vice vcm. S E C T I O S 5.06- SCHEDUI.ISG T H E O P E S SHIFT (A) The Company has the right to schedule (and require) ovenims from the four crews lo work ths open $hi@( undcr the sequences set fonh in (0 ) below). Noticc must be givcn no later than the prior Fridny except that partial schcdulingofthe open shin will be handled undcr (C) below, ( 8 ) The following sequence will bc used lo schedule the open shin during !he term of the Agreement: B & A - 4 over and 4 carly C - 8 hours B & A - 4 o v e r a n d 4 e a r l y 0 - 8 hours (C) When n job classilication ( m i n a n a n c e station) hom the appmpriatc shift ir not scheduled "full." all employees in the affected job classificaion (maintenance station) must be canvassed wiUlin the scheduled shift. If requirements arc not filled voluntarily. it is agreed that the qualified law ovenime standing people necessary on the scheduled shill. will be required to work. If a pvnial opcn shift is scheduled on the B & A scquenec. the Company will schedule an equal number of employees from the affected clnssificationr on the B & A Crews. (D) Employes shall have the right to "give away" their scheduled open shift to an employee on a different shift in the same job clvrrification (maintenance rwtion) in accordance with the following: (21 The emo. lov.c c who works the open shift for another cmployee shall be paid for the open shift in the same manner as any scheduled open shift in paid (including rhc fact that the open shift is not considered in the " o v c r - f o ~ f y " ~ a l c v l a lfioorn w e t l y ovenimc purporcr. or the "over-eight" calculation for drily overtime purposes). $1, ~ n c arn ~ r n p l . ~ ) vaeg rccit.. s , r l thr. .>penr h.11 I;r nnothcr emfl~l!cc. thc own shtlt tr amr~JcrcJr. hcdulcd uork lnmc and any ~ b r e n i o.h all bc :hvgr.sl (4) The purpose ofal lowingcmployes to give away thcir open shill is to allow lhcm lo address conflicts that may rise in thcir schedules. Thus. an c m ~ l o v e cm y o nly give awry his opcn shin four (4) times in o"c calends; year. i\n employee may take another cmployce'r open shill under this provirion only four (4) timer in one calendar year la avoid inequities in thc oppormnity to work these premium days SECTION 5.07 -DISTRIBUTION O F REOUIRED OVERTIME See alro relevant Depmmental Agrecmcnt(s) and Memoranda of Agreement Nos. 9 and 10). (A) (I) Required overtime shall be offered in the following manner when filling vacancies created by absent employees on any ~chcduledd ay ~~ - ~- ~- (iZluditig scheduled sixth (6th) day operations): - -~ = I ) Cmvars byjob ovenimc (*) standing within shin boundoticr. 2) Canvass by job overtime (.) standing outride shill boundwicr. 3) Canvass by ge~~croavl cnimc standing within shin boundaries. 4) Canvass by gcnenl ovenimc slnnding outride shin boundaries. 5) Canvass for employees working Ihc required ovenime to work n double shin. ('1 Jobs governed by stalion overtime shall precede jobovertime. (2) Required ovenime rhall be ofired in the snmc manner when extra (non-scheduled) work in required Monday through Friday. (3) When cx tn (non-rchrdulcd) woB is required on the wcckcnd the following shall npply: I ) Canvass by jobov~rtime(.) standing. 2) Canvass by gcnenl ovenime standing. 3) This Subsection (A)(3) shall nor npply to the agreed upon method for scheduling the opcn shin an continuour operations. (.) Jobs governed by sblion avcnime shall precede job uvenime. (4) Should any of !he slcpr outlined above nu1 be completed without fulfilling ovenimc requirements. lhs charges for thone hours wil l be cmwd. I ( I , Rcqu.rcd urcn8mc on ojuh rhnll h cqu.wbly aorldnl among lhc c!npl~)re, mr s ~ n w ) d hp rdslucu the) a c qu-t.ficd lul I(onrtnn.l ct,\t e ~r m#\\ ruurrJ b) lire. Oud. h ~ l ~orfc p oucr i ~ p p l )I J ~ h c plant. c t i or the rm,un iur no! prusldlng thc us>& (C) For purposes of ovenime record keeping, employees wlll be credited for cach hour of avcnime worked or charged. Employees will be charged for ovcnime in the following circumstances: (I) For each hour of ovenime worked by the employee in his overtime (2) For each hour afavenime scheduled in the ovenime gmup which the employee has the right to refuse and does refuse; (3) For cach hour of ovenimc schedules in the ovenime group which the employee was unavailable for work. Employees on layoff who rerum to their overtime group, and new employees in the ovenme gmup shall be charged with the hours of the cm.o lov,e e in the overlime erouo who has the ereatest number of credited ~~~ - . - ovenimc houm. Employees will not be charged for overtime houn in the following circumstanccr: (I) For m y ovenime worked on a temporary transfer in another jab classilicr~ion,( provided Ihat a charge may be made lo the general ovenime record). (2) For any ovcnime houn scheduled by the Company and later canceled by the Company. The Company will maintain ovenimc records which shall show the number ofovenime hours credited to each employee inthc ovenime gmup The records shall be updated weekly and made available for review. On January I of each yew ovenime records hr all employees shall be zeroed out. (D) An employee has no ovcnime rights on a job he has been awarded until he has physically moved to the job. The employee retains ovenime rights in present dep-en1 andan presentjob until he is physically moved. (E) When ovenime is required on a job the total hours that an employee will work shall not exceed twelve (12) continuous hour?. (I) An employee will not be asked to work more than twelve (12) hours at one time unless it is an emergency condition Ihat may affect production operations. (2) An employee will not be asked to work over twelve (12) eonttnuovs - -.-- ho urs ~ft hcmanpower can be met by borrowing or uttl~z$nogth er- qualified employees to do the required work ( I , Duc lo L c nltvm a l l hc w ~ r kon thc Mcchlnlcrl Dcpmm:"! 11 m y be ncccsu) fdr lhcrc cmplo)tev III nlnllnue uork un a lob Llr mJrc l l ~ ,nuc hc (121 ~ ~ n l ~ t l huod!\~ r (4) The provisions of this Subsection (E) shrll be applied n "sixteen (16)' hours whcn vpplied to normal twelve (12) hour shills on continuous apcrntions schedules. (F) Thosc employees who have signified in writing hat Ley do not wan! ovmimc uork wil l nm be considered for ovenime work until Ley advise their Dcpsnmcnt Supervisor in writing to the conuary. Thew cmployces will be charged far the amount of ovenimc that they would have been entitled to work. (G) Union msmben who are absent from work duc to being out on oilieial Union Business shall not be charged for avcnirne hours that can be made up $1 8 (.(.LC, d*B. (H) Whcncvcr an employee works or mfunes job ovcnime, L o a h our$ wi l l be charged to L c job ovenimc list only. Whcnsvsr an employee works ar refuser COT ovcnime. l h o v hours wi l l be chnrg~dlo L e G OT ovcnime list only. (I) Each depanmcnt shrll maintain and port on the bulletin board n record of the distribuliun ofovenime hours. SECTION 1.09 -OVERTIME (Scheduled Sir 16) Dmv Oocration 44.46.48 Hour Week1 "~~ - ~, , ~~ ~ ~~~~ supply to ~ h psl mt, etc.. delay such posting, ( I) A panial job or u full job may be schrdulcd for n sixth (6th) day. (2) Ovenime requirements on a sixth (6th) dry wi l l be offered on r volunlury bmir on Tuesday of L c week in which Lc work ir lo bc performed when applicable. (3) The Monday morning "A" rhi f l will be the firs sehcduled shin ofths week unless mutually agreed upon othcnvir~b y the Company and the Bargaining Commiacs. (8) I f a full deprnmcnr is scheduled br the sixlh (6th) dry, all employees shall do their regular jobs including Utility employes~.~ mployecso n Job title - Other Work, and lob Title - Odd Jobs. After the complelion of the scheduled hours, overtime shall be distributed an the same job as defined in Section 7.04, Definition o fa Job. (C) It is understood that a full job may be scheduled for a sixth (6th) day as well as any partial jobs. In the event the requirements are not filled voluntarily, it is agreed that the qualified, low ovenime standing people necessary will be required to work. (D) Employees will perform such ovenime work unless: (I) Excused therefrom by prior arrangement with his Supervisor. (2) There has been a change in the scheduled hours ofwork (E) This Section 5.09 shall not apply except as specifically agreed to in the agreed upon method for filling the open shift on the continuous operations schedules. SECTION 5.10 -WORK BEYOND REGULAR SHIFT (A) When an employee who ir working accepts overtime work that is a continuation of his regular shift and the number of hours required is indefinite (late call in, shutdown operations, etc.), he shall be provided with not less than one (I) hour of work. When this ovenime work exceeds one (I) hour, the additional time shall be provided in not less than one-half (112) hour increments. The Company and the Bargaining Committee may mutually agree to give special consideration to operation8 where operating conditions require trealment other than the above. (B) When m employcc who is working accepts overtime work for n specific number of hours that is a continuvtion of his regular shift and the offered ovenime hours are canceled prior to the start of such work, lhe employee will be provided with one (I) hour ofovertime work. (C) When an employee starts overtime work far a specific number of hours that is a continuation of his regular shift, the employee will be provided with the agreed upon hours of work. (D)-The parties agrco that employees on"eontinuous operations" are enpceted-- to cooperate by not leaving their station until relieved. SECTION 5.1 l -TRADING SHIFTS Employees shall be allowed to trade shifts with other employees in the same job classification in accordance with the following: ( I ) Employees who desire to trade shins must fill out a company shin trade form signed by both employees, and it must be presented to the Shill Supervisor at least 24 hour. in advance. Employees who are unavailable to tum in this form in a timely farhian may have the Union Division Chairman sign the form for them. (2) No overtime may be created as the result of employees trading shins. If there is no adverse overtime impact. the Company is obligated to agree to the trade. (3) Shins may be traded in one (I) hour increments. All trades must be on a one-to-one baris with regard to number of hours traded. (4) Any traded shins of less than a full week in duration must be campleted within the same pay period and any traded shins of full weeks in duration may run only for full pay periods. ( 5 ) Once an cmployee has agreed to work a traded shin, that shin is canridered a scheduled work day($) and m y absences shall be charged. (6 ) Employees who trade shins for full weeks or full shins will assume each other'$ overlime standing far the duration of the trade. Employees who trade for less than a full shin shall have ovenime sanding on their regular shin and not on the shin for which they waded. (7) Employees who trade shifts shall be paid the shin differential, if any, of the shin on which they are working, not the shin lo which they are psrmunently assigned. ARTICLE VI WACES SECTION 6.01- MINIMUM. GUARANTEED AND BASE: RATES (A) The new wage schedule and pry gmdes for the job classifications will be issued to the Union Bargaining Committee and ported on a quarterly basis. The chart wbll be updated, reissued and reported an required. Such wage schedule represents the joint agreement of the Company m d the Unian on the number of pay grades, the monetaty value of each pay grade and the monetary spread between pay grades. ( I ) The incentive key shectn shall show incentive bme mte for incentive employees at each progression step in the pay grade. (2) A l l jobs shall be paid in accordance with the above key sheets unlcss othcwise mutually agreed upon benvcm lhc Company and Ihc Bargaining Committee. The Company wi l l assign njab to the proper pay grade. Once assigned to a pay grade, the manctnry vvlucs of this pay grade shall apply to thcjab wherever called for in this Agreement. (8 ) Hiring, Transfer and Rate Progression The method ofrate progrcrsion for cmploycer will be as follows: ( I ) Al l employees hired by the Company on or nRer November 10. 1997. shall be subject l o r thiny-six (36) month wage ratc progrcssiun. Under this progression scale. n work scrvice factor wi l l be applied to final pay amount3 during the first three ( 3 ) years ofemployment according to the following ssalc: (70%) of final pay fur thc first 6 months of employment; (75%) of final pay for months 7 through 12 inclusive: (80%) of final pay for months I 3 through 18 inclusive: (85%) of final pay for months 19 through 24 inclurive; (90%) o f final pay lor months 25 lhrough 30 inclusive: (95%) of final pay for months 31 through 36 inclusive. At the beginning of the 37th month of employment, the work scrvice factor will be set at 100% and wi l l remain at this lcvel for the remainder of the employccr' tenure. Changer in the work service factor wi l l be made with the stan of the first pry period week following completion of each subsequent sir (6) month period olcmployment. 2 For a l l pdrp, ,CI tun.lr.r t h n~ew hue u q c prob.rcs<#dn Brill p ~ ) "lhc m a u m ~ mn. >urlyt ale na.:a .pdn aih.er~ngn .%nq d>nl.!nl\< 1111 +llltanc pcrfdrmm~c2\ , r c f r r c t rd tn cllr \ \ r g Kc). dhcrl (8) Transferred incentive workers shall remain ul the minimum incentive base rate of their job until they have equaled or exceeded 100% performance for five (5) cansecutivc working days. Thercaner. they shall be paid what their earnings generate against the nppropriuce incentive barc nte. Progression Cram the minimum incentive base rnte shall be achieved as follows: (a) When the employee has achieved 110% or grcalcr l.b ,l When the em.o lo.ve c has achieved 120% or -e revrer perlormance for l ive (5) conrecutivc drys. they shall progress to the maximum incentive base rate. The cmployce must achievc these lcvelr o f prfomancc while on incentive for ot least 40% o f the hours worked for that work pcriad (9) 11 is expected that cmployccs wi l l reach and maintain standard (10) The c u e of a qualified worker who does not consistently meet proven standards ofourpuc shall also be subject to review with the employee concerned and !he proper Union rcprcsentrrivc. is beyond the conrml of lhe operator. this procedure does not 'PP~Y. (C) Pay Grade Slruclurc ( I ) (a) The pay grade pasition of eachjob is guarrnrecd and will not be changed unless the change in job content justifies assignin8 the job to another pay grnde. L L ~ - ~-~- ~ ~ ~ - - - u~~- ~ 3 1 (b) Jabs (new or revised) hall be assigned roa pay grade by comparison to agreed upan Bcneh Mark Jobr. (2) W c n a change inj ob content i s made or a newjob established. the Division C h a i m n shall be given a wi l ten noticc (request for iob study) m d this request shall hove the effective dale ofjob establishment or content change. $11T l ~ eC dmpm) uoll pr.n 8.lc ~ h cIln ton ProlJen! 80.1 thc I!n#dn D.\lr~onC harman ~ t l nh c up) dilhc ,leu 41 ch3ngd)ub Je\cnplton \ h ~ r ~,hteg s ;~gncJp .,) gr.dr. r \ t l > lo t un) 110, J1)L< l t h c KE~JL. . I for Job Sludy. (4) l fno written notice is received from the Union within thirty (30) working dnyr ofier issuance af job description and assigned pry gnde. i t wi l l be nrrumed (ha! the Union is in npreemrnf with the description and Ihe assigned pay gmde (5) l f ruch r grievance is suhmiscd to nrbitrnrion, the Arbitnlor shall be limited in making his determination by curnpr"sun ofthe jnh in question to agreed upon Bcnch Mark Jobr. (6) The Compnny shall $maintaini n each dcpnnment or group of depanmcntr up-todate copies of job dcrcriplionr reflecting the ilssiuned duties m d r esoonsibilities o f iubs that arc in the depannlent or goup ofdepunmcntr. Thcrc records will be placed in a convenient location so thut they may be cxzminrd and questioned by the cmployecr concerned or their representativer nt any lime. Sl lCTlOS 6.01 - ADhllNlSTRATl\'E POLICIES - STANDARD I lOUR PLAN I. Principles Thc Union, the Company and the etnpluyces rccugnize and nrrcc that in order to provide oppanunicisr for continuing employment, good warkin8 conditionr, and fr i r m d equitable wages. the Compnny must improve ia competitive poririon through optimum pruluctivity nnd minimum cosa; and funher agree that the Company will bc supponed in its elTons lo impravc prulue!ivity. eliminate wartc. conrcwc materials m d s upplies. and improve quality o f workmanship, m d t h r ~em ployees wi l l provide r g w d ellon toward all work including measured daywork and inccnlivc standards. 2. Basic Plan The basic plan shall be a smdard hour plan (SHP) in which both measured daywork and incentive standards will be expressed in tcrms of standard houn for a specified quantity of qualily production. However. other suitable time standardr may be used in those riluations where the standard hour plan is inappropriate. When jobs in a clarsilication or depm~ncnat re placed on the new SHP slmdards all rormcr standards will become void. The correctness of new SHP standards shall not be judged in any way by eompariron to former incentive or other standards or performance but. rather by the provisions ofrhir SIIP. (a) SllP standards ~stablisheda fler the effective date of this Agreement may be established by m y ~cceptedi ndustrial ~ngineering technique such as timestudy. standard data. ~ ~ ~ d ~ t e r m itinmeed systems, or r combinrcion of these. Reasonable allowan~erf ar penonal. rcrt and unavoidable delay will bc applied to each standard. The rllowanccr set fonh above do not include a twenty (20) minute paid lunches paid outride the incentive smdardr at one hundred and fiflcen percent (1 15%) of the applicable incentive base rate. This payment will k made lo incenlive employees who work at least five (5) houn in the incentive classification during an ~ i g h(t8 ) hour shin (seven (7) hours during u twelve (12) hour ~h in ) . Ail athcr brca*s and conrracrually provided rest periodr for incentive employees are provided for in the allowances and shall not be separately paid. (b) SHP incentive standards when set us defined in (a ) above will becstabiirhd to provide an earnings oppartunity of approximately twcnty-five (25%) above the incentive base rate on the manual ponion of a job for a normal qualified operator working a1 a normal incentive pace. An incentive opponunity allowance of twenty-five (25%) rhrll be addcd to all enforced idlenerr within the machine or - _ proccss cyclc. This allawrncc will be added even though ~~ ~ - - there exist manu;al, e!emcnts. required by the established method, which are wholly intimil to !he enforced cycle time_: = it k i n g u n d e m t d lhat manual elements may be addcd la 7. Temporary Standards When not practical to set a permanent SHP production standard. a tcmponry standard may be csublirh~d until a pemncnr standard can be established. 8 . Payment for Lass afTirneiSHP Incentive Swndnrds Delays may occur which arc beyond the control of the operator because of cquipmcnt failure, power fnilurc. lack of material or other causes. Uhcn the employee rcpons such delays to his supervisor and is not then Innsferred or rcursigncd to other work. he will receive payment at of the incentive boso rate for the timc so lost to the ententthat such timc exceeds six (6) minutes. 9. Croup Smdards Standards under Ule SHP may be bared upon group or individual perf-nccs. For openrions where the Company decider that group or departmenu1 standards arc preferable, the total 10. One for One Payment System SHP standards shall be boscd upon the principle that an incentive employee will earn an additional one percent (1%) of the incentive bare rate for each onc percent (1%) of additional performance above the standard. I I. Payment for Work No);r uwktng Aj ~ , ~ ~ b l l $fonrro.h~) arc $L~JCCI IU 111e~ vt~h11ihep.cJ\ a n c e prxcJdrc .n:luJ#ng x b ~ l r a l # s m Ihc C.nnna.n.,,r ~un,n~ ~ U U L I L~ 8~~~1 ~&1 r ~~n~~~~<~h t~h~ ~e~ U-~n ion D~vrr~oCnh ~lrmanco a8cr of the complete dam, showing the basis upon which the current rate or standard was determined. ; - I f th i b t lementZfu iimc &nd%d @cv&c I h n c l#g~hcl rm pluyr< lsld 011 or rc!crrJ J ~ r m pth e ueck pr0.o I,, lhr n . > l ~ ou~ryr k ur Junng inr ucck !he h ~ . l J r yir:.r >. th.n) 1 1v1 ca.cnas JL)\ pndr to a hol8J~y.~ r arc rc~nsu:cJ l ium ihc ,\nnvJ I.orlr, u#lh lnih .n) 00)c zilcn.lxr by, o f 4 Lolld,). sh3ll bc p s ~ Jid r ,u:h , (11) An employee who is eligible to receive holiday pay and who i r required to serve on a municipal, county or federal jury, or grand jury, on such holiday wi l l not have jury duty pay deducted from his holiday pay. SECTION 6.10 -SHIFT BONUS ! A ) Al l vmp.~)ccr io&rrnlb ) m.i h&rr.caml m3.l bc patd r .hhfi h d n ~or f ( , w e n t ) - n o cruh (I ??) per h a t lo! nours an) *chrJuleJ 5ecdn.i 12tldr \ n m and tltwty .enla (l3 u, pcr rlvvr iur 1 I ht~urse lan) ,;hcd~lrJ th.rJ ( (3rd) shift. Exception Shift Bonus L ~ c c p l ~ u nR r&ulul) rchc~u.cj 'C' .rcu r.mpld)cr, u l l l bc pa~JA 4 ;I,III h o n ~ ,u !',#\1) ,S ltu, c c n l per h u ~ iru r 111 hdLrr UYI~CJ RCLYIJ~IY .;hrJu ca I'). itcu c~np1~qrw.cl~l bc p ~ l 2J i h l l i bdnd\ o f ~ nJrol llr dl 4 Nisnty cents ($1.201 pcr hour for all hours worked. The aforcmcntionsd shiR bonus paymenu will r ep l r c~sh iR paymcns identified in Section 6.10 (A), above, for hours covered under this Exception. "A" and "8" crew employees working overtime on thew shifts wi l l not receive the Exception premium levels but instead shall receive the normal shin premiums npplicablc to the hours they work rn defined in Seclion 6.10 (A) above. (B) When an employee works one ( I ) or mom hours on a shiR. prior to the start afhis regular shin. or overlaps one (I)o r more haurn on a shifl bonus prevailing on whichever shift the n.or or overlaming hours may fall for the overlapping hours only (C) Ovcnimc payments will apply to the shin bonus SECTION 6.11 -ABSENCE DUE T O DEATH I N F A M I L Y An employee who suffers a death i n his family shall be entitled to funeral pay i n accordrnce with the following: (A) Ift he employee in absent from work to attend the funeral of his parent (includinx stenoarentl. child lincludine those lceallv rdootcdl. stenchild. stepmother-in-law). father-in-law (including stepfather-in-law), brother (including stepbrother and half-brother), sister (including stepsister and half-sister). or dependent who lives in his household. he wi l l be paid far the lime lost from his mgularly scheduled work shiR up to a maximum af thme (3) conreculivc working days. (6) An employee shall bs paid for one (I)d ay to attend services of mourning for n member of family as defined in (A) above who died in another p m of the counlryar world. (C) The rate of pay for any ofthc above shall be the employee's hourly rate or 124% ofthc employee's incentive b e ra te. as applicable. ,(D)__,E~ployeer must have thiny (30) calendar drys service to be eligible for such payment. ~ ~ = = = ~~ - - = := = - - - ~- (E) An employee otherwise eligible under this Scclion will be p&ilted~& wkc his next three ( 3 ) schedulcddays of f following the date afdenth. Far example, if an employce on the "A' shiR has a death in the family N E U ~ " ~0" Friday ('Which he wor(r~),h e would be entithd to lakc the following Monday. Tuesday. and Wednesday (his next three (3) scheduled workdays) u his berenvemcnt days off with nvcnfy-four (24) h o w of pay. As an exception to the above, C & D Shifl cmployccs, will k eligible for up to lhiny-nva (32) haum of pay in rirualions where they arc sehcduled to work more than rwsnly-four (24) hourn in LF G x e ( 3) calendar days imedialcly following the date of death. This paymcnt will exclude any time worked during the Ulilty-two (32) hour period. Ifan emrrlovec is scheduled for n sir* day (eg.. scheduled Sserday when death &cui on Wsdnnday) the cmplo;ee would be exeuned from the Saturday schedule as onc of hin b y $ off and he would be paid at stmight time for thnl day (this cxamplsnnrums an eight (8) hour M-F rchcduls). (F) In the event nn employee is on vncotion m d it becomer ncccsrary for him lo attend the funcrnl of" relative as provided in Article Vlll Section 8.01. the vacation schedule shall be extended by Ihc number of days he is eligible for payment undcr raid Section provided hc nolifiss his Supervinar promptly of the funernl and in sullieicnt lime far the Supervisor to secure n replacement. SECI'ION 6.12 -PAY FOR JURY DUTY (A) An employee. who on pre~nlationo f the proper evidence lhat he in ssrving on jury day, shall receive an amount equal to the difference belwccn eight (8) times their hourly rntc or 120% of the incentive b u e nte. as oppliccbls, and Ihcirjury duly fee, whcncvcr such service requires lass of lime on a regularly schcdulsd wark day. (8) An employes required to repun at a specific time far exnminalion as s prospective juror shall k compensated nr providcd above to Ihs extent hs is required to lore time from work far such emmination. The cxaminiltion notice in to bs shorn to the employee's Supervisor or Foreman u ~ w ans is practicnl. (C) Upan rcccivinp notice of having to repan for jury duly, nn employee shall present copier of such notice to his supcrviror, the Union and the Employee Relations D+nmcnt. Employes on "C" & "D" Shin will not be required to work the night before they m r e q u i d to repon for jury duty. Any "C" or "D" Shifl cmployes who is ~clcctcdto nerve on a jury may move to "A" Shin for the firpt full week he in required to serve on the jury and for any week of jury duty continuing thereafter. "D" Shin employccr who slce! to move lo "A" Shin in ac~ardoncsw ith the preceding scntcncc will be required to wark only up lo 11:OO PM Ihc Sundny before they move to " A Shifl. ) SECTION 6.13 -PAY FOR TIME LOST DUE TO INJURY ) (A) Day of injury shall be defined as the first day an employee, injurcd in thc ' plant. suffers an actual loss in camingr due to the injury (B) An employee injured in the factory who is treated in a hospital or sent ) home for the balance of the shin shall be paid their hourly rvte or 115% of their incentive bvrc rate, u s applicable, inclusive of shift bonus, for the balance ofthe shifthours except that total hours paid for the day inclusive ) of worked timc shall not exceed eight ( 8 ) hours (or twelve (12) hours. I where applicublc). Notwithscanding the above. an employee who is injured vftcr he has I completed his scheduled shiR 2nd is working overtime shall be paid their hourly rate or 115% of their incentivc base mte, as applicable, for the B balance of the scheduled ovenime houn. Ifun employee works on a lower ratc for the balance ofthe shitt hours because ofsuch injury, they will be paid their hourly rate or 115% of their incentive base rate, as applicable. for the balance ofthe eight (8) hour (or twelve (12) hour. where applicable) shin an the day of injury only. If overtime hours are worked, the rate pvid shall be the rate of the job. An employee injured in the factory a,ho is Pealed in the First Aid Department and returns to work the same shift, shall be paid their hourly rvte or 115% of thcir incentive base rrte. as applicable, for the time spcnt in the First Aid Department. Time spcnt in the First Aid room shall also be interpreted to mean treatment in a doctor's ofifice or hospital during the normal eight (8) hour (or twelve (12) hour, where applicable) working shift either directed and authorized by the Campany Medical Dcpanment or directed and authorized by the State Compensation Board and insunnce carrier. It is undemtoad that in the latter case as far as possible such trcatment will be arranged for other than working houn. The time allowed under this paragraph will only be the time rcquired to travel lo the doctor's office, receive treatment and return to work. \CT.TIOX 6.14 - PA> I O U 'TI\IF \PE \ I I X I I U S T ,\II)1 )l h 1 0 \ 0 Y - o r r t PAI.IO\,\I 11 I w s s , \\I) IS.IIIU~ (A) An employee reponing to the Medical Deparlmcnt because o f non- occupational illness or injuly shall be paid their applicable bane rate, ar applicable, for lime spent in said depanmcnt. (8 ) An employee vuthorized to go home bccvuse of non-occuprtional illness or injurysh all be paid to (he rime ofruch authorization. (C) It is understood and agrccd that from time to lime (he serious nature orthe non-occuprtiunal illncrs or injury may rcquirc an abnormal amuunt o f time to be spot in the Medical Depdnment. Such cases will not be covcred in the above provision except as mutually agreed by the Union Bargaining Commitlce and representatives of Management. SECTION 6.15 -PAID TWENTY 120) hl lNUTE LUNCH PERIOD AND BREAKS (A) When an employee works four (4) houn o f ovenime prior to his scheduled shin, he shall receive a paid ten (10) minutc break the last ten (10) minutrr oflhe avenime period. (B) When an c m p l u y ~w~o rks four (4) hours o f uvcnime vner his scheduled shin. he shall receive a paid t m (10) minute break the l i n t ten (10) minuten ofthe ovenimr period. An employee working live (5) or more hours of ovenime anrr his scheduled shift shall receive ;m rddirionvl pvid twenty (20) minute lunch the fin1 twenty (20) minutes following the completion of five (5) full hours o f ovcnimc. (Such employee working u twelve (12) hour shin wi l l be entitled to a pvid twenty (20) minuter lunch following the eomplc~iuno fhis l i n t four (4) full houri o f ovcnime.) (C) An employee who works four (4) houn o f ovenimc not in conjunction with hi* scheduled shift shall only receive a pvid ten (10) minute brcrk. (D) Alno, when an employee works two ( 2 ) hours o f ovcnime prior to his scheduled shin, he shrll rcceive.r paid t m (10) minute break the last ten (10) minutcr o f the avenime period. (E) When an employee works two (2) hours o f ovenime after his scheduled shill, he shall receive a pvid ten (10) minute break the first m n (10) minufen o f the ovefiime period. SECTION 6.16 - P A Y FOR COhlPENSATlOS BOARD HEARING (A) Whenever an employee loses time during his scheduled work day due to required attendance rt a hearing o f the Compensation Board regarding an ' injury suffcrcd at this plant. they shall be campcnsvted for the hours lost at ) base rate, as rpplicrblc, not to exceed a maximumofsix (6) haun. (B) This clausc shall become invaliduled if coveragc br time lost ut 1 Compensation Bonrd Hearings shall bc pmv idd by law. ) SECTION 6.17 - P A Y FOR WITNESS - COMPENSATION HEARING ) Any rmployee who is ruhpoenrcd by the Company to npprar as a wilncrs a1 u Workers Compensation hearing will be paid at thcir applicvblc base rate Tor all hours spent at the hearing. SECTION 6.18 - h l l L l T A R Y - ANNUAI. TRAINING An employee wilh seniority. s,ho is a member o f a reserve component o f thc Armed Foiccs, who is rcquircd lo enter upan rccivc rnnurl mining duty or temporary special servicc shall be paid the difirence between the amount o f pay they reccivcd from the Federal or Slaw Government for such duty and normal weckly camings. ~r lcu l r tcdo n !hc basis u f eight (8) (or lwelvc (12). where u.w .l icable) times Le i r hourly n t e or 120% o f their incentive bnsc rate. as r p p l c ~ h l r .I IIYIIIPIhIC) t~he numlser of #heir r c ~ . u l ~srclh~~ dulcdd a). for time lhlrt uh i l r sn wch d u h nnt 11, c\rrcd luent! 120) d s ~ a$n nuall!. SL.~ . ~ c n h1. ,L~~~\LCIIC~LC..I IU.. IJI:I _IIIJUL~Cd1C1 .1 n.m-%ihcllu r.J u~srkJ ;n. .llal. not be included in determining pay received fmm the government. It is understood that the employee will give the employer as much possible nolice o f mining datcs as porsiblc m d copier of supporting documents. etc.. ordering thc employ"" la rrrining. SECTION 6.19 - M I L I T A R Y SEH\'ICE - PHYSICAL EXAMINATION Whenever m employee loses time during their scheduled work day due to required attendance for n physical examination prior lo entering Ihc Military Srrvicc. they shall be comprnsatrd Tor the h o r n lor! at 120% o f their incentive hrsc rare in the earc o f an incentive worker, or thc rpplicrhlc hourly n t e in the case of dry work emplayees; not to encecd a maximum o f eight ( 8 ) hours (or twelve (12) houn. where applicable). These employees will be considered on the 'A' Shin and wi l l be paid fur occurrence ar fur each exrminrtion. ART1CI.F. \'I1 SENIORITY SECTION.01 -BASIS AND PURPOSE - = ~ - - - -~~ ~ (A) Seniority is preference or priority by length o f scrvice with definite rights qualifying employees for work when work is available: rhc purpose o f which is lo provide a declared policy o f work security mc.rured by length o f servicc with the company. I t is not the intent o f this Section to allow senior employees lo bump from shin lo shin, stalion to slation, or job ru job within n depnnment or from one depanment to another when shon work &y or shon work week occun. Whon shon work day or shun work wcck occur\. senior etnployeer wi l l be given (he option to work or not on their work rwrion or job. lf no penon accepts the work on the job rotion. junior qualified pcmon on station or job will be required to wurk. (B) Seniority wi l l be counted as conlinuuus service with the Company eompilcd by the time ncturlly spent on the pryroll or for periods of absence us hereinaflcr rpecificd. (C) The rwning date for all newly hired ar recalled employees wi l l be the calendar day they commence work. (I)) People hired un the same dale wi l l have their seniority position det~rmined by dmwing 10,s. Lalr wil l be dmwing thc Employment Ofice on a one lime basis. The resulting position will be used for all provisions of all agreements, for their entire empbymem at Dunlop. SECTION 7.02 - ESTARI.ISHL1ENT (A) New employers shall be considered nr probationary cmployecr for thc fin1 Nine Hundrcd Sixty (960) hours worked, and shall have no seniority status until they have completed raid period. aner which time they shall be crcdiled with seniority from their hiring &tc. Each hour actually worked. will be counted fownrdr the prohalionmy p r i d , flovm rhnll be counted or rtmighl rime houn whether working rtmighl lime ar premium lime throughout the Nine Hundred Sixty (960) hour probationary period. It is undcrslwd !ha! !he Company has !he right to tmnrfcr any such employer to any jab where funher porting is nut required or where no prmon eligible for recall is qualified. I t ir alm understood the Company hm thc right to terminate any employee during this probntionvry period. The Union Di\,ision Chairman involved and the Union President wi l l be notified nr soon ar possible i fnny such action is wken. (8) Seniority shall bc considered an the job. in the department and in the plant. (C) The Business Center Mvnagcr m d b e 1)ivision Chdirmvn shall mutually agree where work or njob should be placed for seniority pvrpolcr. ) (D) The slams of an employcc shall be reviewed within sixty (60) days ) worked lo determine if Uic employee is qualified to continue on the job. 1 (E) Up-to-date seniority lists will be posted in all dcpunmentr. SECTION 7.03 - L O S S O F S ENIORITY b (A) An employeds seniority is terminated by: (I) Termination or discharge. 1 (2) Resignation or quit. (3) Retirement or Severance Award. (4) Unexcused absence for more than three (3) consecutive work days. (5) Transferring to nan-barg?ining unit L EXCEPTION: An employee may be requested to transfer to Non-Bargaining Unit work as a lemporaly supervisor for up to 90 drys per calendar year or for 90 days in a twelve month period as a vacation rcplaccment ar when thc nahrre of the work dictates so without any loss in seniority. SECTION 7.04- DEFINITION O F A J O B (A) (I) A job is a j o b for seniority, overtime and posting purposes when there are four (4) or sin (6) hours work per day depending upon scheduled hours of work (cight (8) or twelve (12) hour shies) and no1 less than twenty (20) hours per fony (40) hour week under the job title. ( 2 ) When the above conditions are mct or are not met for wo (2) successive weeks, the job will be reviewed to determine if a job docs or doer not exist for seniority or posting purposes. Wheb mutually agreed upon betwccn the Business Center Manager and the Division Chairman, work which lotals four (4) br more hours per day may not necessarily have to be nosted as a >iob.. i f said dccision is made to provide work for employees who d o not hsve a full day's work. =(B)=(l)=Wheere scveral differGtj6b%klarch. June rnd .\rptrmhrr. lor a ptri$sdo f h u r t r m (1.1, calcndsr da\s, nl mhich time cmolal,ar\ mar r n i $ r thr ir >c.lrrtinn\. I'hr heel5" ill hccomee rfec,i,c IS^,,^,, I. ,\O.,I I. .J~I OI, A revised CODY of the rclcetinn Sheet *ill he ruprl icd lo the Di>ision Chairman and ported in the drpartmmt. - -Sheet. (3)F.xi~tincrelectianrw i l l remain i n elfrrt unless chance. srr sahmittrd during the change elidhility period. ,.l,\rhm an a,smine~rrar+u i thin thedeoxrtmcnt, u i lh in ~ hrrm sln$rc\ jnh nr reation u h x h the Compam ctrr~dcs11 , nll, thr Jnh Srlrclion Shcn u~lhlc cun~u l t r c th.~e hich 'mior srr+nn am thr .lob >rlcwiun \heel. will he warded aha8 $hi l l or machinr. (I) The inbownine will be ported for four 14) workins days 196 hours) i n the Dotlartment and in the olnnt, eirine n drrcr ir t inn of the ioh involved. the shift. and indirntine the number of openines. d u r i u nhieh time emolovrrs may r ien for such ooenine. Emplovec5 from the home Desanment. who sien the ooslinewill be e i r rn orefrrrnee the em~loyeew ith hieh olant wide senlorih. who siens the partine and meets the lnneuaee found in Section 7.06 Paracrash (A). wil l be awarded the ~ o ~ i t i o n . Sicnaturrr will be a c e r ~ t r dfo r i n the eunrdhaure only. 'msloseer must show their olant idrntlficstlon enrd to sien or remove their name from a ~a r t i eu lapr ostinzdurine the al l~l ienhlen ostine oeriod. . Where this job vpplication procedures Lund in Subsectionm rcsulcr in r "chain" of vocancier, the procedure wi l l be utilized for three (3) times (including the original porting) and the founh resultant vacancy may be filled in any other manner as may be determined by the Company. (Exception "A" shin jobs) ' (2) In the care of an opening created by a retirement only, the effective date for canvassing such shin sclectian wi l l be no more than 60 days nriar to An employee transferred th rough7 .07 wi l l not be conridered for another permanent vacancy under the procedure until rwenry-four (24) months have elapsed from the date,oThir last job move under this Anicle (eighteen (18) months i f the award wss to r j o b clvssificstian within the same department). An employee who ir hired on ajob will not:be considered Tor a permanent vacancy under the Job Application Procedure until IwcntyTaur(24) months has elapsed Trom his employment date, pruvidrd that vner other applicants with more than wenty-four (24) months of sewice have been canridered, such npplicstions may be honored by mutual rgreemcnt. & 'The (I~IDoIhO$#i b > mCardCed the 101, undrr #hi' Srctlon 1.01 mu,, ~CCIhPe ioDh uIn lell. ~ ) r i1~0 trr an\lrr and hrclnnlnc ua,rhon the luh, the) \Icn hor and uualiR lor snuthcr u s m t n c . I h r ~w ill hc r l lourd only a one time s ~ ~ l i e a t l ofn t his excelltion. W The successTu1 applicants. i f any, will be notified of their acceptance for the jab as soon as practicable ailer the position i r declared open, and shall normally be transferred to the new job not later than ten (10) working days aner the position is declared open by the posting. I f the successful applicant is not moved within such time period, aRer thirty (30) calendar days he wi l l be paid the higher ofhis current rate or the maximum rate of the new job until the transfer in mde. If the employee is not moved applicants selected far the job vacancies will be posted and the Division Chairman will bc notified ofwha has been selected for each vacancy. @) If the transferred employee fails to qualify. he will be retumcd to his former job provided it has not been filled. If tilled, he shall be placed into any Plant vacancy and, if no vacancy exists, hc may exercise his senioriry to displace employee with the least plant-wide seniority where hc is qualitied to perfom the job under Subsectjon (I) below In that event, however. he will not be considered for permanent vacancies under the Job Application Procedure for a period of twcnry-four (24) months. The Company may till the rransfcrred employee's job at any timc. M e n r eductions are occurring in a depanment simulrancously with open jobs being filled in the samc depanment. employees being reduced may be transferred to open positions Thc followiy shall apply with ~ f e r c n c cto the Medium Truck Radial Depanments: ( I ) Employees who accept any and all job promotions or transfers into and within the Medium Truck Radial Departments shall not be Canridered for any othcrjob applications undcr this Scction for r two "par nrp-.n.n d 2--. ,- 1 1 1 \o! crnpl.,!ic J ~ . ~ ~ ~ l .Ir.l,!nr . lr ,do 8 1 rhc \ l c J ( ~ oTm~: L H,J.JI IJcpmmri>:. \L.3 I 8 ) . 5 he cl glblr. 1 ~ ?rin! .*h:r 1-b 8 " hr L 1 . d ~ d 8 ~ w Im.6 Rrd#al lcndnrnrnm. I:,, 1 ru.*,t? , ,! r . ~ r.n r .r#.,J (,31. Anv. em.ol ov.e e occuo..v ine a Medium Truck Radial Deoartments ioh is not subject to any layoffunless a mare senior employec on the rccall list has erhaurted all S.U.B. due to exhaustion of credit units. It is not the intent to,have a time lapse behveen exhaustion of S.U.B. and date of recall. (4) The above vpplicsto maintenance jobs in the Medium Truck Radial Depmments as well. (5 ) The Company will establish formal Training programs on all jobs I" the Mcdium Truck Radial Departments. (I) An employee with three (3) or more years of service applying for or accepting a jab assignment who has put forth the proper effort but is found not ada~tedto thc iob and thus dirsualified, shall take a vacancy for which he is quvlifiedbr ---A == . ~ ~. ~ .~ - .---= (2) If there are no vacancies, the dirquzlitied employee shall displscc t h y employee of lcast Company service, if qualified. In no case shall this movement exceed the disqualified employee's total Company service. (1) If not qualified fur the jab of lhc employee with least Company service. he shall move up the reniorify list until finding a job for which he is qualified. Such movement carnal excced the disqurlificd cmployce's tors1 Company service and in no care shall such dirplacemcnl go beyond employer with thrcc (3) years Compmy service. (4) The employee displaced duc to the vpplicllion ofpnrrgrrph (3) above rhrll. ifqualilicd, be plrccd in the following mmncr: (a) Be assigned In o normal opening within the depnnment, or (b) Dis~laceth e em.~ lo.v eeo fleast de~nnmcntasle rvice in the depmment, or (c) lfthedirplacrd cmployccernnot be placed under (a) or (b) above. hc shall bc trsnrferr~dto il vacancy for which he con qualify. . , . , laid "Nand placed an the recall list. ( 5 ) I f t he displaced employcc is placed undcr (4)(b) the empluyce with !he lcrrt dcprnmenwl rcn'icr rhr l l be mnrferrcd to s vacancy for which he con qualify. Iflhere nre no vscmcies. the employee may displace the employee with the lean seniariry in the plant. i f q ualified. I f not qunlificd to displace the employee with the least Company Service. he shall be laid "Nand placed on the recall lin. (6) An employee with lcss then three (3) years rervice applying for or accepting n job assignment who has put fonh the pmper eNon but ir found nu! udrptcd m thejub and thus dirqualilicd shall lake u vacancy for which he is qualified or i f lhcrc arc no vrcmcier. displace the employee ofleast Cumpuny rervice. i f q uulilied. I f n ot qualified to displace the employee with the least Compzny service, he shnll be laid oNnnd pluccd on the recall lin. When lob* are mn,slidstcd into one 11) ioh under Section 7.06 (El, C~PIOnYhuC nCrrrS cln unr of the ronrcllidurrd lob. us a r e d l o o t n ln~ re rth rnuch the .]oh , \~ol lrsr ion Prorrdurr wi l l hmc thr nhme rePreneed r e ~ t ~ I c l i oItnfle~d . Thrre rrrtrletiuns will rrrnnln for en~plo j rewl ho nrrr hlred on o lob that n a s ronrc~lldatrd U When an employee has been absent from u job for n period exceeding & &) calendar months due a any inactive status, the posilion shall be declared u vilcvncy subject lo pennunen1 filling undcr chis Scction 7.07. If the medical evidence indicsss n permanent inability to pcrform the job 56 • seniority dator will be adjusted so that junior laid off employees will not gain seniority. (C) In the event a laid off employee ir not recalled in accordance with the t e r n af this Agreement. he rhall k recalled immediately without loss of seniority and will be compensated for all benefits in all ngrccmcnts with rhc Company, provided the laid off employe or Union filed a grievance with the Company within seven (7) working days of the laid off employee's propcr recall date. The least senior employee shall bc returned to IvyoffstnNs without any notice of layaft (D) Laid offemployees that are recalled and return to the same job or department must rc-erwblisl~ their six (6) month job m d dcponment service, as if they were new or transferred employees. (E) It in the responsibility of lrid offemployccs to keep the Personnel DepnrUnent notified af their cumnt address at or by which they e may be reached and the laid off employee shall notify' the Personnel Dcprnment of m y change in their address either by cenified mail or by giving notice in person to the Personnel Dcpanmcnt far which they shall receive a signed receipt. If the Company is unable to canwet laid offemployccs by cenified mail at their last morded address an file, they shall bc removed from the rccall list andeonridcmed ar quit. (F) When vacancies exist which neccssiwtes a number of recalls, the vreancies which exist at rhc point of recall rhall be offered to the persons recalled in seniority order. A laid off employee being recalled shall be contacled by phone and given a scheduled time for selection afjob. A lrid off employee who cannot be contacted by phone. rhall be notified by cenificd mail. A laid off employee notified by cenificd mail will not be schedule for selection of job sooner than fortyeight (48) horn from the time of rending of cenificd mail. A lrid off cmplayee who is not prenent at the scheduled time for selection ofjob, shall be bypassed and the next laid offemployce on the recall list will be offcrcd the vacancies. (G) A laid offrmployec subject to recall must inform the Company of his inrcnlionn to reNrn to work within n sevenry-Iwo (72) hour period aner cenified mail hus been sent by the Company. If the laid off employec subject to recall desircs to return to work. he must do so within fourteen (14) days aner receipt of notice. A laid off employec shall be removed fmm the recall list and considered as a quit ifhc fails to comply with the above paragraph (G). expiration date of "One Week Notice of LayofT." If an employee completes s i r (6) months job or depanmental setvice within the "One Week Notice of LayofP then his plant service date becomes his job and departmental service datc. (GI Job Lsyoff- Same Date - Less than Six (6) Months Departmental seniority will govern on a jab layoff when it affects employees who have the same job seniority date and have less than s i r (6) months d e p m r n e m l service. ( H ) Depanmental Layoff - Same Date - Less than Six (6) Months Plant seniority will govern on a depanmental layoff when it affects employees who have !he same depanmental scniorily datc and have less than six (6) months depanmcntal service. (I) Employees with the lerst plant seniority will be lrid off out of the plant. The Company and the Union recognize that this cannot be strictly adhered to due to training. M e r e such deviations are required, they will be negotiated belwecn the Company and the Bargaining Cornmiltre. Those persons negotiated under the above conditions to remain for training purposes shall not grin rcniorily for that period. ( J ) An employee laid off his shift, but remaining on the job, shall have the right to exercise shill preference on the job according to senoriry. SECTION 7.09 - L A Y O F F O N T H E J O B plant vacancies, or there are no plint vacancies, they shall be lrid offand placed on the recall list. to the employees laid offtheir jobs in seniority order. If not qualified for h ~ lrlrc clrc crrdll iur \mnJrlIy ncld a Ihr Illnr o i nI.:cmcn! dn rs;all. n 4% \c$l..,nc$ ."CJ.I hmr llmc dn rcinll n . l 1.8 (K) A lr id offcmployee subject la recall with two (2) y e m or more o f seniority when laid o f l shall be carried on the recall lir! indefinitely. I f rehired, he shall reccivc credit for seniority hcld at time of Iryoff, plus rcnio~i lyc redit far time lnid o f f no1 to cxcced two (2) yean. (L) Twelve (12) or more months oner an cmployce is laid off, the * Company wi l l send r regirtmion farm by ccnified mil to his last recorded address. A similar form wil l be mailed to his last recorded address no1 more often than each twelve (12) months 1hererRcr. I n order to retain his recall rights, the lnid o f f employes subject to recall is required to complete the form indicating whether or not he wishes lo retain his righcl and to rend the form b t ccnified mail lo the Company Employment Office within lhiny (30) days from the drte the regi~trntionf orm wm mailed to him. Laid o f f employees !hat do not rcmm the registmdan farm wilhin lhiny (30) days lime limit. shall be removed from the recall l irt and considered 8s n quil. (M) Laid offemployees shnll be given a copy afthis provision (Scclion 7.16) at the lime ofexif. SECTION 7.16 -SENIORITY SHIFT PREFERENCE (A) I t il agreed that the dcpanment ar dspamcntr having fired shifts - or rotating shins shall remain as such for L c life of lhin Agrrcmcnl. Whcnsver fired shifts prevail, senior cmployeer shall I hrvs shifl preference an Le i r regvlarjohs. Any employee who declines to change to a shin when entitled to do so wi l l remain on the original shin, bur must wait until there is another vacancy before again becoming eligible for mnrfer. When an employee declines to move up in Nm, the next senior employeeentitled to do so wi l l have his choicc. I n order that there may be no misunderstanding or confusion in scniuriry shifl change-over, it is understood Bar employees wi l l be placed on proper shifls in r manner which wi l l not interfere wilh the normal flow o f producti~n. (B) Employees on a job or station whose shin is affected by four (4) or t more hours from ~c normal rtaning time, may at that lime. esercirc shin preference an lhejob according to seniority. Al l jobs ofemployees with less seniority shall be declared vrcmt. SECTION 1.11 -UNION REPRESENTATIVES (A) Al l ~ e r e e u t i v c os f lhe Union: President, Vice President. Sesrerary Finanrial Srcrr lary and Treasurer; during their s r m a f ofice, shall hold top seniority rights in the plant in respect e layoff only (0) Mcmbem o f the Bargaining Committee: President. Vice Prcsidenl. Division Chairmen. and Union Timc Study Reprerentative shall work regularly on thc first shin during their term o f oWcc. Whenever r member o f the Bargaining Cammincc or Union Timc Smdy Rcpmnrarivs is on olhcr t h a trhc first shin. he shall move to the first shin on his regular job and L c first shill employee with thc least seniority on the job shall move n whatever shin position on L e j ob his seniority entitles him to. I n lhc case of a job with rotating $hi&, the other two (2) occupants rhr l l rotate on '8'm d 'C'S hin. The Company m d the Bargaining Commitkc shall mutually agree to any comspimlefioxn that may arise due to lhc npplicarion or Seetion 7.17(B). (C) Members o f the Bargaining Committee and Union Time Study Representative who have displaced ~mployccso n the first shin as a resull of Section 7.17(B) o f the General Agreement. rhrll. i f relieved o f h i s Union position, return to the shift and jab L a l they Isfl, vnlcss layon moves occur an their job. I f this mcurs. they will r&e Bci r senioritypusition. The employee displaced from (he fimt$flas n result of move above shall rcvcn back to his former ~~ ~ shin, even though&Zre mafEGf,iar k k o " i & blhciihifts with -= ~~ more seniority. unless othcr layoff moves occur an their job during a this period. I f t his acurr, L c y shall remain whcrc Ley are. (D) In order for G member of the Plant Bargaining Commirlss or Union Timc S ~ d Rye presentative to hold ofice, he shall be rcruictcd to signings for 'A' Shin poningr. I n L c cilse of layoff fmm job, m e m h o i the Pl-t Bargaining Committee m Union Timc Study Rcprcsenrrtivs wi l l hold top seniority rights on the job. I n the ease o f elimination of an operotion, the member o f Ihc Plant Bargaining Commincc or Union Time SNdy Rcprewntative =fleeted will displace Ihc employee with the least service on the first shin in his depanment. I n the event chat the dcpanment in eliminated, the member of thc Plant Bargaining Committee or Union Timc Study Reorerentalive affected wi l l dirolncc the o c ~ wnit h L c lcnrt senioriry in his division an the hrst shin. 'on a plant layoff the provision ofthis Anccmenl shall apply. (E) ChiefCommillccman In the case of layoffanly, the ChiefCommineemrn during his term a f office sholl hold top seniority righcr in the dcporuncs. The provisions o f the Agmmcnt shall apply up to the point o f layoff out o f L c dcpmcn t , a1 which time the Committeeman wil l hold over cmployccs who may have morc seniority. On a plant layoff the provisions of this Agreement shall apply. (F) I f vneancics occur in L e d epartment within a six (6) month psriod from the point where n Chief Comminccman held over othcr employees with more scniarity, the ChiefCommittermun may part from such vrcrneien after depanment postings, along with L e laid o f f employees who arc exercising their rights under Section 7.06(D) o f L c Agccmcnl. (G) The Company and the Wdrgoining Comminee shall mutually o p e an nny solution and complex situation involving super seniority nn consistent as possible to the above ruler. (H) The President and Vice President wi l l be paid thcir hourly rots or .n thc clrc uf nn ~nccntnts( ha! urrc paad h) D u n l ~ pan J ~ncludmgt he r t n o ~ e .,f qhon uork ucck hcncfil payment or (h) Forly (40) hours n the production employees Applicable Hourly Rate or 120% of the incentive hnsc rate, as applicable. Fony-six (46) hours x the employee's hourly ntc(ns shown on the Graded Mechmical Division key sheet). (3) Total money paid to Union members by the Union for working h~~o~~u~r~s~ los~ t due ta official Union nctivirv shall be mooned lo the Human Rnourres Deoartrnent bv the Union Financial . Credit for this money shall be added to grass earnings o f Union members for the purpose of computing vacation pay. Any employes entitled to vacation who is laid o K resigns, discharged. retired or accepts sevemnce award. shall be eligible for accrued vacation pay at time ofexit. ( I ) Any employee recalled under the provisions of this Agreement wi l l not be eligible for vacation in the calendar year should reinrwtement occur on or nRer Dcccmber 1st. This provision shall apply regardless of seniority. (?, Any cmploycc rrc>llcJ unclcr thc prnlrun , r f l h., Adrnrncnl u8ll not bc cllglb.c br \a;nllun p ly 8n thc c a l c n h year ~f hc acrtgnj before. hc lur anrkra 21 Ica,! l ue l \ r (12) u c c k ~~ n mr calendar ycar. Any employee who has woeed during the calendar year and is unable lo complctc his vacation lime by the end of the calendar yer . due to sickness or iniury, shall receive vacation pay at the end of the calendar ycar. Any employe who is granted a leave o f absence by mutual agreement shall receive any accrued vacation and pay at timc of exit. Vacation time that is required to be laken at time of p l a t shutdown wil l be charged against vacation pay rcccived. ~~~l~~w~ho~ ar~e r etired on or aRer January 1st b f a calendar ycar shall receive any accrued vacation pay at time of exit. I n thc event an employee is on vacation and i t becomes necessary for him to anend the funcnl o f a relative as provided in Aniclc VI, Section 6.12. the vacation schedule shall be extended by the number of days he is eligible for payment under raid Seetion provided he notifies his Supervisor promptly o f h e funeral and in suflicient timc for the Supervisor to secure a replacement. In addition to any vacation to which he is entitled purruvnt to the above eligibility provinianr, an employee who is retired on early or normal pension, or who in retired on a disabilily pension. will be entitled ta vacation pay based on thc applicable pcrccntage of his-actual gross -~=~ earnings in, the current calendar year a$ follbw?~ ~>- ~~ ~ Completion of 10 yearn ssrvice - 3 week - 6.0% Completion o f IS yearn servics - 4 wsslrs - 8.0% Completionof 20 ycar. service - 5 wests - 10.0% Completion o f 25 ycar. service - 6 weeks - 12.0% SECTION 8.02 -VACATION ELECTION - SPECIAL (A) An employee may elect to count the first wcck ofnbrcncc due to illncrr. ~ O ~ - O F E U D ~ ~ ~iOn.iIu I w~.~ o r O C E Y B ~ ~ O ~in.Oiu ~r.v BS B ~acstion week pmviding such week of absence is medically ecnified and the week elected in one 1o.which the employee is entitled over and above (he vacation weeks that have to be mkcn duringthc plnnt shutdown. (8) Employccr off due to illness or injury during a plnnt shutdown for vacations or other reasons shall be cntillcd to any sick benefit for which he ir eligible. SECTION 8.03 -VACATION PAY I N L IEU O F T I M E OFF (A) An employee who is cntitlcd lo three (3) weeks vacation m y c lset to receiveone (I) wcek vncrlion pay in lieu of taking timc off from work. (8) An employee who is entitled to four (4) weclot vacation m y e lect lo receive two (2) weeks vacation pay in lieu o f taking timc a f i fmm work. ' (C) An employee who in entitled lo five (5) wccks vacation may clcct to receive three (3) weclot vacation pay in lieu of taking time of f from work. (D) Any employee who ir cntitlcd to six (6) wccks vacation may elect to receive four (4) weeks vocation pay in lieu of taking timc o f f from work. (E, Ncu hlrc? who ksumc cnt~llcdt o tud (2 , r c r k r \lclllon fnllo\r~npmcr ummcr i n ~ l d ~ u nur..l l bc pl8dunctI) seek p3)- ~n.ltruo f mkmg tlmr offfrom work d ~ n n g(h at ycJr S E a I O N 8.04 -SPLIT VACATION (A) Two (2) vacation w c c b to which the employee in entitlcd ovcr and above the week.! thrt have to k lakcn during the plant hut down period may be split if arrangcmcnrr nre made in advance in Lc dcpamnent a d p roviding that the timc off is scheduled in the rams m a ~ cars if the full week were being taken at one timc. (6 ) Split week vacations will be paid at the hours ~chedulcdf or the daybeing taken, eight (8). rwclvc (12) or if nccded four (4) h o w , as set in 8.04(C) to reach forty (40) hours for C & D shifts: provided, however, thal C & D Shin cmployccr shall have the option to be paid only cight (8) houn far a twelve (12) how day, and thereby bc charged only cight (8) hours far that day. (C) Employees will be charged against their forry (40) hour entitlcmenl with the number of hours far which they ore paid for a split week vacation day. A one ( I ) timc fow (4) hour block will be allowed if needed to achieve the forty (40) hawtotal for that split week of vacation SECTION 8.05 -VACATION PERIOD (A) The vacation period ir Lc calendar year. Employees Lrt have additional vacation time, over and above the weeks they are required to W e during the plant shutdown period (Section 8.06). may defer the additional lime until the following vacation pcriod by making mngemenrr in advance and with he nppmval of the Business Center Manager. He must lakc such vacation time off before the end of the followinx- vacation ocriod with the undenlandina- t ha c m n t vacations will he given preference in the scheduling ofvscatian timc. The ~mployce who defcn vacation timc to the following year will receive vacation pay at the timc deferment is agreed upan by the Businsss Center Manager. (8) The Company will m g c it s vacation schedules giving due conrideration to production needs and the desire ofemployecs. (C) In scheduling vacations, senior emplayees will bc given prcfcmncc in the selection of vacation weck.!. Seniority used for vacation preference is Company seniority - that is. total working time with Dunlop. (D)- ( I ) Each year Management will rsview the plonl vacation program with the Bargaining Co-flee 9 lagrylhan November 15. The vacation sign- up sheets will bc prepared G d posted thereafter-The sign-up sheets will - ~- specify Le numkr of people permitted off per day for that department. Vacation time will be granted to cmployess by plant seniority, with full weeks Wing precedence ovcr split lcxccot In the ease of Thnnkrllvine U P L ~ .* here ~ m s l o \ r r \r an rhome l o t a l c eilhrr full ucrh, or wilt u w k l "I r xa t i on In accordance n l l h the \.ration osramelrr> set out for that $ear hceinnlnc.lanuan 1.20051. (2) A l l employees wi l l be canvarrcd for vrcrtion sclcction an or about December I of cach year based on seniority. Prior to the cnnvarr (approximtely 2 weeks) Mnnagcment wi l l identify the number of employees eligible for vacation for cach week. A master vncntion ehan will be posted in each depmment. U p o n vucntion selection. Management will update thc master schedule identifying the remining openings. (3) Each employee wi l l be nllowcd, bavd on wniority, to sclcct the desired eligible weeks according to the vacation schedule. Selection of wcckn are not la exeerd tharc which up available to cach individual cmployce. (4) Employees who do not select when ernvarred wi l l be bypassed and entitled to sclcc! vocalion weeks bared upon available weeks remaining when thc crnvrsr is complete. I f the bypassed empluyccs desire to rslect their vacation before the canvass is complete they m y d o no but wi l l not be allowed lo bump those who hsve previously relectd. Employees hi l ing to selecL vrcaion wi l l 'then bc scheduled for vacation in nceurdnncc with Section 8.05. (D) (5) ifelections arc not made by May ISlh ofench year. (5) I f by May 1st. the Suprvirar seer that [here wi l l bc too many vncntion weeks leR s the cnd of the year, he will make a survey and try ta cxpediccthe vicrtionn. On May 15th. he wi l l meet with !he Division Chairman and Chief Steward and thcreaner employeen wi l l bc rchcdulcd of l to expedite the vnmliun progmm. (6 ) Employees who have had vucolion time approved by thcir Burine~n Center Manager in un area not involved with the Plant shutdown priods and transfern lo an area requiring Plm!rhutdawn pr iod? must reschedule their vucrliun perids in accordance with Section 8.06 o f the Gcnenl Agreement. In order for an cmployec no! lo lose previourly nrnnged vacation plans. the Company will make every effon to grant previously approved vacation scheduler. Thcrc smployccs wi l l not be eligible for Uncmplayment Campcnwtion or Supplement Unemployment Benefits (S.U.B.). SECTIOS 8.06 -PLANT SHUTDOWN PERIODS (A) Thc Comonnv mav sehedulr shutdown ~er lodsfo r the cntlre ~ l a notr any art of the slant for the wmorc or mnintennnre. rsoair, lnrtallallons. Inventory ndlustmcnt or racstlan. Such shutdown :\POPJU am18 Ju!nolluJ aqn au!lnp prlnprq,r aq 1 1 4 r ,241 ,900~ u! 1 1 8 ;UUZ 'I-uoz UI palnpaq~.$ 1 uropauq> l a j u l n 20 puu ~ . ~ r m8n nBJ i lYI lnp UU!I.J@$ Jll YJJU l l n j s puo J u l r a l U IWW r r r c u l o r ? ' luula a q j~u lmo OW eq (8) A l l employees eligible for vacation must save a full week o f vacation for each scheduled shutdown week lmaxlmum 2 weeks) to use during con~rcruallys cheduled shutdown periods. (C) The above shall apply c r c q t as the rcrviccr of eligible employeer are required in the Receiving. Shipping, and Mechanical Dcpamenm. (D) When employees are required l o work during the plant shutdown periods, the Company wi l l make every c f in to provide vacations at a rime which meets the derircs of eligible employees. (E) Employccr required to work rhutdown week wi l l be whsduled on shifts consistent wish shutdown work activities. Where shifts other than the "A" shin are scheduled, the schedule wi l l be posted by the Thundry p~accdingth e shutdown and rhi f l wlcctian wi l l be done on a wniorily basis. I f a holiday falls during this wcck, i t wi l l be abssrved on the day it falln." (F) As an option to the summer shutdown weeks set fonh in (A) above. the Company and the Union wi l l meet to rxplorc the rchcduling of rolling vacation shutdown periods where limited production ir whcduled ovn a two (2) to four (4) week period with cmployccs staggering their vacations during such period. The panics wi l l nttcmpt to work oul options that wi l l cnhanec the plant's production. No such option wi l l be implemented until and unless the panics have mutually agreed to such option and i t is reduced to writing and signed by the Bargaining Board. Abscnl strict adherence to the above p r a c d m . the Company cannot unilalernlly implement such vacation options. (G) Scheduling of floating holidays wi l l be done in thc m c m anner ar split wcck vacation under Scclion 8.04 (A). Otherwise eligible "C" and " D crew cmplaycss who schedule their floating holiday on one oftheir lwclvs (12) hour whcdulcd shib. wi l l m c i v c eight (8) hovn of holiday pay. With prior approval of supervision, they may elect to work the additional four (4) haun (at ~ W i g htlim c) or Iake such time off without pry or SUB payment. ARTICLE IX GRADED MECHANICAL DEPARTMENT This Afiiflcle will be applicable only to Graded Mechanical jobs. The General Agreement shall govern in cares not specifically provided for in this Anicle. SECTION 9.01 - WAGES (A) The rate far employees hiring into the Graded Mechanical Depanmnt will be determined in accordance with Section 6.01 (8). (B) The rate for employees recalld to or transfening to Graded Mechanical job classificatians will be the uansfer hourly rate ofthe pay grade ofthe job. Employees shall then rn.r.onn~re~q. . ~f~r~o~m~~ t~h~~e~ tr~ an~s~f~e~ r n te~ to the merimum hourlv rate based upon achieving both quantitative and qualitative performance. Exception: If a transferring or recalled employee has been qualified in the job classification (been permanently classified in the job classification at maximum ntc) within h e prior twenry-four (24) months, he will be tranzfened or recalled to the job classification at the maximum hourly rate. (C) Department Mechanics who have achieved the maximum rate of the job classification, who transfer to another suition, shall dmp to the $ration transferrate of fhe progession and have their status reviewed at two (2) week intervals. ~~ ~~ I will be transferred to the station at the maximum hourly rate SECTION 9.01 -HOLIDAYS (A) When essential maintenance work is scheduled on a holiday, the partics agree that qualified persons must malre themselves available for such work la the extent of a number of people required. I I U ~ n cymp loyr:. uhu accept uurk ar,lgnmeer un a haltday. mJ u h ~ ~b rcn lr hemvcl\r.\ on Ilsc dd) . ulll not bc cl!phlc far any p3)nlml illr the d3) ~nlesse \tdcn.c ~r presented that abrcncc wlr ]u,!~fisJ and SECTION 9.03 -SENIORITY (A) Establishment ( I ) Seniority shall be established on the station, on the job, in the department. (2)Whsnever an employee banrfen into the Grndcd Mechrnical DepMmcnt. hislhcr Campny wrviee shall become department service six (6) months from the datc hdshe begins work on the job but no later than nine (9) monthr from the dats the job is awardcd ift he employee has not yet moved to the new job. (I) Whenever nn employee vanrfcn to a Graded Mechanical Depanmcnt, hin/hcr Company service shall be considered job service (6) monthr rfier hdshc begins work an the job but no lntcr than nine (9) months from the date the job is awarded if the employee has nor ye! moved to the newjob. (4) An employee must first establish jab seniority b e f o ~hs can cxcrci~e rmtion seniority. SECTION 9.04 -TRANSFERS (A) An employee moving from station to station on the same job within the Graded Mechanical DcpMmcnt, wi l l have la writ six (6) monthn fmm the date the employee begins work on the job (bul no later than nine (9) months from the date the job is nwardcd if the rmplaycc has not yet moved to the new job) before hislhcr job seniority becomes station seniority. (8) An employee movingfrom job to job for any reason in the Graded Mechanical DspMmcnt will have to wait six (6) monthr fmm the datc hchhe bcginn workon the jab (but no lvlcr than nine (9) monthn from the dats job is awarded if Ihs cmploycc has not yet movcd to thc new job) before hin/hcr dcpartmcnt seniority becomss job seniority. (C) Department Mechanics who have nchicvcd a rnlc above the midpoint o f the job clnssilieo~ionw ho transfer to another station shall drop to the midpoint of the pmgrcrriodnnd have their Status reviewed at two (2) week intervals. SECTION 9.05 -LAYOFF (A) In case of Iayolf in h e Grndcd Mechanical Depnrunea and there arc cmployccs remnining in the department on Optional Jobs, the job or jobs o f these employees will be dsclved vacant and the employes or em.o lo.ve es affected will move to one of these vacancies if he has the required qualifications. If he does not have the qualifications to displace any of the employees on an Optional lob, he may exercise his seniority in accordance with the general plant layoff procedure. (8) In case of layoff in the Graded Mechanical Depamenl and there are no employees on Oprional lobs, reduction of f m e w ill be as follaws: step l Ift he manpowkr on a slation is to be reduced, then the employees with the least seniority on that station will be laid off. step 2 If the manpower on the graded job is to be reduced, then the employee with the least seniorily an that job will be laid off. step 3 (A) Employees with less than sir ( 6 ) months on the job shall bold seniority on the job on the basin of "first on, last of? policy regardless ofjob classification. (B) Plant seniority will govern on a jab layoff when it affects employees who have more than six (6)m onthr on a job. Step 4 He will then exercise his seniority rights and displace the graded man with least seniority in the depamenr providing he is qualified at the hiring rate. Step 5 Ifhe does not have the ~eniorilyo r qualifications to displace the employee with the least reniorily in the Graded Mechanical Department, he may exercise his seniority in accordance with the general plant layoff procedure. Step 6 It is agreed hat an e m p l o p laid off fmm the Graded Mechanical Depament may elect a release from the plant, rather than displace an employee in a different department. If a release is elected, the employee wdl bEplaGd oTlheXcall list inseniority order.= ----- - --- -= If a vacancy occurs in the Graded Mechanical Department afler all required plan1 job movement under the Section 7.07 and Section 9.07 procedure h u been completed, and if he qualifies by vinue of recall list stmdingn, he shall be so notified by the Personnel Department and must accept the vacancy provided he is qualified. If he does not accept the vacancy, he will be considersd a quil and will forfeit all recall righls. If a k r s ir (6) monlhn elapses from the time the employes elects to take the release, and a vacancy occurs an any job in the plant and the employee qualified by vi* af his m a l l list standing, he shall be so notified by the Pcnonnel Department and must accept the vacancy if qualified. I fhs does not accept the vacancy, he will be considered a quit and forfeit all recall rights. It 8 , ~nJmsloada nd agrcea thh ~ I c h r u ~ gt he n la)nlfpro\nrhunr, an) one job .. ,:rrrrl) h2ncI8cnppcd ~hrought he I.\> df nlechlnli~lr pci~al l* lr ivrh oronlrm vh3.l bc o..iurrcd nv ~ h cR rr"~a 8nonrC ornrn8tlcc or Unmn 0 and the Management Rsprcsentativcs, with the view of avoiding o serious handicap to the plant. SECTION 9.06 -RECALL GRADED MECHANICAL DEPARTMENT (A) Recall lo Station An employee with slation seniority leaving his ~lationb ecause of layoff, but remaining on hisjob shall have the oppomnity to rsmm lo his original sration if the station as.e nin-e occurs within s =nod of six 1,6 ,) months after layoff from the slation. The employee will be reinstated with full station seniority including time off the station. (8)R ecall to Job An employee with job seniority leaving his job because of layoff, but remaining on a job in the Graded Mechanical DcpaMlcnl or wansferring to another jab shall have the oppamnity to return lo the job aflcr station It ir understood that employees who because of curtailmsnl of pmduction have been Uansferrcd to another depanmcnl, will be given the oppomnity lo re- to lhsir original depanmsnt in seniority order within six (6) months of layoff date with full depmment seniority providing they properly apply under the Section 1.07 Promotions and Pcrmancnl Transfer Procedure and can qualify for the job, and providing they have sir (6) months service in their original depanment. Employees who make such applications under Section 7.07 as called for in the above paragraph will not be considered as having signed a job posting. SECTION 9.07 -JOB POSTING (A) The Section 7.07 procedures for Promotions and Permancnl Transfers shall apply lo the Graded Mechanical Classifications with the further understandings set forth in this Section. (C) Any msulting vacancy shall then be filled under the Section 7.07 procedure through considention of Section 7.07 applications filed by employees working in other Graded Mechanical classifications. (D) Any remaining vacancy shall be filled under the Section 7.07 procedure by considering other qualified employees from outside the Graded Mechanical Department (E) Any resulting vacancy may be filled by hire. SECTION 9.08 -OVERTIME Overtime will be distributed equally: (1) On thestation; (2) On the job: (3) m the department (use the supplementary exm overtime agreement for the Graded Mechanical Depanment except in the Boiler House, which will be treated as a separate unit. Exception: Brealtdowm andor P.M. work which has been slated by emplayee(s) an regular time, but which has to be completed on required overtime, will be offered to such employec(s) regardless of ovcnime standing up to a maximum of sixteen (16) hours. 19 . ' ~ 1 9'L rz ' ~ E 'ZOL I J!ueqaaW =!L (3) stz 'ECZ '6oz '902 '3~ ! u e s ~ a uau! pl!na a?r (q) 'IPZ '8S2'819 '209 'WZ 'ZOZ ,102 J!U=qJaW uo!lwedald yJolS (8 ) :sua!!et$ qof 1Jueualu!8ly- leJ!ueq3ayy (I) :smolloj $0 sqolu!qa!m suo!!eln pus sqol snoue* ow! Pap!n!p aq lleqs ruamu~daat eJ!ueq%uu papalg aqL SNOLSlAOUd lVX3N33-60'6N 0 1 1 3 3 S SECTION 9.10 -OUTSIDE CONTRACTORS (A) Work of a rype which is normally performed by maintenance employees will not be subconmcted if such employees arc qualified, the Company has adequate and proper equipment to perform such work, and the work could be completed within the necessary time. While in general, il is the policy and intent of the Company lo have that work performed by its maintenance cmployces, it is recognized by both parties that al various times, the Company may be required to allot to outside conmctars work normally performed by Company mvinlenance employees. Such allotment of contracts shall be governed by the following: (1) m a t thr work project is of such size or nvhlre as to make il impractical to be handled by the above mentioned employees in conjunction with their regular work assignments. or (2) That the wark is of such urgency or short duration as lo make it impractical lo add additional persons to the regular mrintenance force, or (3) That the overdl cost of the project or wark to be performed maker it non competitive to ~e r fo rmt he work with Graded Mechanical Employees, or (4) That an insuflicicnt number of qualified cmployeen have previously committed lo perform all of the work an scheduled consistent with the procedure set forth in Memorandum #24. (B) Outside contractors will no1 be utilized in the plant as long as there are employees in the bade involved on layoff. The above does not apply ifthe Company does not have the capability to do the wark or project, being contracted out including the need for special hills, special equipment, licenses or approvals lhal may be required or the siruution justifies ~~bcontractinugn der the condi~ionss et forth in (2) above or the work is being performed under wananly or service contract commitments or the subcontract involve the major modernization of equipment and facilities, new construction andior the instdlatian of equipment or machinery. (C) It is not the intent of the Campany to utilize oueide conhactors to erode the core bnction of the Maintenance Department performed by the 268 and 270 Maintenance Group. It is not the intent of this memo lo reduce any Scrvice Mainlenance Group through amrition and as a result bring in an o-u tside conmctor in place of th.&-tLpzrson_ - - - . .. . . . ~ - . .-L (D) The limilations or restnctiom contained i n this Section shall not be applicable lo the following work and the Company shall have the exclusive rights to utilize outside services lo perform the following: . . . . equipment. (7) Banbury body changeovers. (8) Outside fence work. ( 9 )P ainting. (10) Road, street, and parking-lot work. (I I) Environmental work rrrociated with majar spills. (12) Fabrication m d i nstallation ofducr work. (13) Replucement, installation, and repair of sliding and overhead doon. ("on-perronncl tfle) ( I4 ) Fabrication work (i.e.. creel trucks. 'N frames, other trucks, etc.). (IS) Fabricated and machined items for store (new or replacement). (16) Catalog items. (17) Carpently work. (18) Floor work. (19) Furniture and file movement. (20) Winterization and spring preparation. (21) Scale repair and erlibmtion. (221 Camplete mold work when a pan of such must be done by an outside service (i.e., tread b m , engraving, chrome plating, eloxing, and unique machine requirements). (23) A l l motor repair except forchangingofbmshep. (24) Street lighting and trame light. (E) In funheronce o f c a q i n g out thc intent o f the absve, i t is agreed that if i t is necessary to have work done by outside contmeron, the Union Division Chairman wil l be notified. Such notice shall hc given not less thrn nve 15) days In advance of lettlne the rontmrt. In the ca9e ot an rmerernry which oreventr such advance notire, the Union wil l he notined immediately upon the C o m ~ a nbe~c oming aware o f the e m Such notice to the Union Division Chairman shall contain the information set fonh below: I . Location of work 2. Type ofwork a) Service b) Capital c) Expense d) Repair C) New cansrmction 3. Detailed description ofthe work 4. Crafts involved 5. Estimated duration ofwork 6. Anticipated utilization ofbargaining unit forces during the period 7. Effect on operations if work not completed in ncccssaty time SECTION 9.11 - JOURNEYPERSON CARDS (A) The Company will recognize accredited USWA Journeyperson cards as evidence of experience in a craft when considering qualifications of applicants for skilled trades job. (B) The Company agrees when' requested by an employee or his accredited Union Representatives that it will issue a letter signed by an appropriate Company Representative cenifying the work record of an employee for the purpose of making application for a USWA Journeyperson card. SECTION 9.12 The Company retains the right to measure any and all work in the Buffalo facility provided, however, that the Company will not put any of the Graded Mechanical iobs on incentive or oieee work standards until or unless agreed to by the Union. SECTION 9. I3 - GRADED MECHANICAL E.WPLOYEE TRIlPIlNG (A) Employees working in the Graded Mechanical Depanment shall be expected and required lo maintain their Oade proficiency at levels set forth in their job description as modified from time to time by the Company to - -.- _.meet the changing PIMIn eeds and changing technologies. - . . _ -_ _ -~ When a Graded Mechanical Depamnent employee, working full time, provides evidence that he has satisfactorily completed the requirement of a wining course which directly conWibutes to improving hie crait, skills, he will be reimbursed for the Nition cost ofthe course, providing such course had prior approval by the Plant Engineer and the Manager of Employee Relations. An employee will be granted a leave of absence for a period not to exceed ninely (90) days, if such wining course or program requires 1 his full lime anendance. I When the Company installs new equipment or machinery, or modcmizss existing equipment or machinery lo the extent that it will require , additional skill or knowledge on the pan of the employees of a craR or eraltr to service such maehiniry or equipment, the Company shall provide , adequate training for the employees of the cral? or craRs involved. (8) Employees in Graded Mechanical classifications may be assigned or I retained across m d between shies and or PMiBM crews for periods of up to thiny (30)w arking days each year as may be required for !raining. I SECTION 9.14 - T O O L REPLACEMENT I Graded Mechanical employees are expected to passes, and utilize the proper tools to perform the duties of their craR. Maintenance employees' personally owned tools \ which are broken in the performance of their jobs shall be replaced will1 tools of comparable value without cost to the employees provided the broken tools arc Nmcd in to the Company. Any special tools required by maintenance employees in the performance of their jobs shall be furnished by the Company. Employees I will be held responsible for tools checked out in performance of theirjobs. ( SECTION 9.15 -JURISDICTION t The Company and Union recognize ha t substantial changes are required and necessav to improve the flexibility and eflificiency ofthc maintenance functions at ( the Buffalo Plant. lmpmvements in productivity and flexibility in the utilizntion of tradcsmcn are essential based upon the principles that no trade or cmn "owns" work, that linen af demarcation between the cnRn are archaic and unjustified and ( that work must be performed in the most efficient and competitive manner. Consistent with these principles it is spccificrlly agreed that: ( (A) Work traditionally performed by any Graded Mechanical classilication ( (either on a straight-lime or premium-time basis) and employees so assigned shall perform such assignments to the best of their capabilities. ( Where the work clearly constitutes the essential functionn of another classification and exceeds one (I) hour in duration, the higher of the two ( applicable hourly rates will be paid for the duration of the aneignments; and ( i 90 The Preventative Maintenance Agreements shall in no way constitute a restriction ar limitation on the Company's right to assign any work to any employee in a Graded Mechanical classification. Any employee in a elassiR-cation may, at any time, at the disnption of the Company, be assigned to appropriate work in such classification, as needed, whether they have been assigned to a preventative maintenance group or a break down maintenance group within such classification; and The Company shall develop a list of routine, unskilled and semi-skilled work whish is now or may have been traditionally performed by the Graded Mechanical clrsrifications. Upon notification to the Union this work may be rea~onablya ssigned to production classification* or other "on-Graded Mechanical classifications. This l ia may be periodically updated. It is undentood that smcrvisars. eneineem. technicians and other non- Agreement. Such employees may be involved in testing diagnostic and nouble shooting functions together with the accessing, review and downloading of computer software programming. Working together to solve problems and "get the job done" should be emphasized over hard lules of 'jurisdiction.'' This subsection (D) is not intended to replace Graded Mechanical emo.l ov,e es who oerform these dljties and abuses sMI be subject to grievance under Sectlon 10 03 and this subscctlon B ARTICLE X GENERAL RULES b SECTION 10.01 -NECESSARY RELIEF ) In any department where the work requires continuous operation, the Company will, when muhlally approved, provide adequate reliefwhen and ) where necessary ) SECTION 10.02 -BULLETIN BOARDS ) The Company and the Bargaining Commitlee shall agree on locations and numbering of all Union bulletin boards. The Union shall be permitted to post notices of meetings and other Union business or affairs on these ) bulletin boards throughout the plani. It is agreed that no notices -- whatsoever 8hhall~be~pIaceodn these bulletin boards_until;approveddanddd stamped by the Company Personnel Depamnem. SECTION 10.03 -WORK CONFINED T O BARGAINING UNIT No employee in a Supervisory capacity, or any other employee excluded from the coverage of this Agreement, shall take p m in any labor being done by members of the Bargaining Unit, except expstimcntal work, demonsnation in the normal course of mining or in the event of extreme emergency. No winen Dspanmcntal Agreement shall be effective until approved by the Company and the Union Bargaining Committee. No Dcpar~nental Agreement can be changed during the term of this Agreement unless mulually agreed to by the Company and Union Bargaining Cornmiltee. Dcpanmentrl Agreements as approved by this joint comminee shall be stamped, signed and assembled in a loose leaf book, one (I) copy to be fumirhed to the Union and one (I) to the Company. No Depanmental Agreement shall be in conflict with this Agrsement. SECTION 10.05 -TIME CARDS All employees are required to comply with time recording procedures established by the Company to ascuralely record their working houn and activity status. Employees' time cards or production shssu will not be changed withoa consulting the cmpluycc ARTICLE XI SAFETY AND HEALTH SECTION 11.01 - SANITATION (A) The Company will maintain reasonable standards of sanitation and safety and will fumirh protective devises and equipment wherever necessary to protect employees an hazardous jobs. (6) The Company will comply with all applicable federal health and safety rcgulation~o r codes. and such regulations or coder shall represent the minimum acceptable ntandards. Employees shall be required lo utilize all such protective devices and equipment in the manner prescribed and will cooperate to the bent of their abili? in the prevention of accidents. SECTION 11.03 -ACCIDENT PRE\'ENTION The Union wi l l lend active cooperation la any reasonable request made by the Company for assistance in accident prevention programs. Any dispute respecting safety or sanitation ar the use o f pmtecfivc deviccs or equipment wi l l bc subject to the grievance procedure. SECTION 11.04 - E Y E CI.ASSES If i t is cstvblish~dth at uny employec. while doing assigned work and exercising due caution. surtrinr damage to his glrsrer. hearing aid, or miticia1 limb. the Company wi l l reimburse the employec for the Fort o f necessary r e p i n . The Company reserves the right to replace lenses broken under the above conditions with safely lenso5 in suitable frames. SECTION 11.05 -SAFETY C O I l M l T T E E Safety and Health -A. The Employer r b l l mnke ~ m o n a b l epr ovisions for the safely and health o f its employees during the hours oftheir employment and will provide compctenl first aid personnel and hrnish protccrivc devices and protective equipment wherever necessary. and pr~tecrivec lothing an work which is recognized to b abnurml l l~h u u J ~ u ~U .h r n nrrdcd. the rmolu,er \hall pmmldr tran1nrl$ antun conditions thmughaul Le plant. Unisuc acrronal protortivc equipmrnl reauirement~f or doeumenl~dn erds hcyond standard and customary shall he addressed on a care-hv*are basis. -R. Safely eomminees shall be appointed consisting of not more than four cmployecs representing the Employer and not more than four representing thc Union to facilitate the pmmotion of safe working pructiccs.includinc ereonomi~c onrlderationr, and the elimination o f unranitary or unhealthful working conditions within the local plant. The Safcty Committee shall bc furnished annual pusses for the purposs ofenteting the plant and investigating conditions which arise within the plant. Members of the safely committee \hall orr lurm s mmorehm4* r *sfel, and health nudl1 o f the entire plant not Irv thrn annuall,. The audit i\ inlrl ldcd to aucmenl #he CII'IIOL health a18d w C t \ in5~ccti(0nsa tnd rclur' alnad, in vlurc. I h r audit orncels >hall he de\e lo~cda t the Inca1 ~ l a nIln rl. and shall include a DCOCC\$ hv which briu"tir. are \rl 8nd action plan5 dr,rlorrd. -- ~-~ c o m ~ e n v ~ bt ~y dth e c m ~ l o ~ e rT. hew rrore~mtat lvesr ho11 he chosen .8.511 ncai$eb ~ r ~ ~ iu niti cnm~"I8 t$~s 10-hour.rucrh -51-2UU mclnr h a r w l n i n "~n il c r n ~ l o $ ~ r % ZO.ho80r~ lu~~L .2 111-7511 ~ I C I ~ \ Ph nrcrininc "nil rnnslu,rr~ JO-ha,urvurrh - 15t.tWO ucthr h ~ c ~ u ~ n i n ~ms %,.Ln\rri\ l M-h<,ur\ xm!. . 1501-21lllOs r l h r hnrcnininc unit cmaln$rr. UO-h~,arr ureh .2 001* nct i t r hd rna in in~un it rnu~lavr r% 120-hnanlureh 'Ih e f i n r ~ ~ l d l~nr~o, nrinn is incla.isr of thr r r i$ l inc hs,ur% buld rur rcn l l \ .I fa t l l i t j . I f bcllit, i$r urrrnt l , r r r r rd inc lhv ahosc s l l o ra t i~~Itn "ill "88, hc rcduccd hrianw thd r c ~ ~ r ~icen~l ~ l . -C. So emplovrr rhall h r d i~e io l in rdo r di5eriminnled neainst in nnv wnv f@r surrrrine an in iurv or illnerr. or for rraurt lnc on orcidcnt in s t lmeh manner. The rmalnvrr shall not rrtahlish nns inrcntlve erocrnm Iha l ~~COUIBCP$ C~~DIOfroImP PrcToo nine neeidcntr. l n i u r l r r or illnrssrr in the olanl. Any r r i$ t lnc Incentive ~roerarnss hall he evnlualed hv the elan1 r a f c l ~c ammlltrc with thr n-.i%fance o f the eoronrute health and snfet? desnrtmml and the intcrnutionul union hcullh. rnfrly nnd cnvimnmcnt deenrlmrnl. -D. The Safety Committee rhall meet as oncn as deemed ncceswry. h a no! less than once per month, for the purpose ofdircursing wrety prubicmn, and will tour ihe piunl periodically to verify that "dopled sofety recommendnliono have been cumplied with. The Svkty Committee mny make investigations fallowing accidents to determine cnuscs and to explore prevcntivc mcrrurer accidents in the future. OiITcrenres within the Commitlee regarding safety and sznilation may be referred to the regular grievnncc procedure for adjustment. Members o f the Safety Commitlee wi l i be permitled to ollend grievance meeting regarding safely and welfare problems. Union members of the Safety Commi!tm shall be paid in accordance with thc pmvirionr of pangraph (a). S ~ l i o nII afAnielc VIIi. -e. ~ u ocon cerning accidents i n the plan! wi l i be furnirhcd members o f (he Safely Commitlee on lheir request. An ~ r n ~ l o w~heoe is required l o sign an accident rcpon will be xivcn s copy ofthe repon. The Company Chairman of !he Safety Committee shall notify the Cornmittce o f rccornmcndutions resulting from plant inspections by Swte or Fcdcni Safety lnspeclorr. A copy o f such recommendations wi i l be provided upon request. Local Union Prcsidcn, to ;ccornpmy the inspector an an inspection lour, will be paid at his avenge hourly earnings for the time lo l l from his rcgular shin rr a result ofsuch plant inspection. -F. The Company wi i l rend rcprrscntrtiver from thc Lucrl Union Srf~.ly Commi~tec to an annual statc safety cunferencc. Up to one thousand unc rcpresenta,ive. One thousand la two lhourand employees, two representatives. Over two thouwnd employes, three reprcsenwtivcs. Arrmgcmen~I~br attending thc conhrcncc in the swLe where thc piant is located, including payment o f lost lime and lnveling crpcnscr. shall be determined nt each local plant. I f a atuLe doesn't have a suitable safely confercncc. special arrangements may be provirions more libenl than the provisions ofthir paragraph will be continued in effect. -C. No employee shall be required to work on any job in thc plant with which he is unfamiliar until he has received adequate safely mining insumcriuns in the perfomncc of the operation. -H. Riehl lo Refurr Unsafe Work: I ) \O r m ~ l w r%r hallh r required or permilled lo uorh undrr cvndilion* nh i rh m m he or tend 188 hc ~onunfr i n i u r i ~ u \18 , hi, heullh ur \ r f r l \ nnd the +nfrt, ~ofethrr*. 1) No emolovee who i n eood faith exerr1.e~ his o r her richtr undrr lhlr Article shall be disciplined. or suffer sns loss of m y o r hmefils. even i f i l i(I s l r r delermlncd that the allreed un5afe condition did nnl exist. 3) I r o n rmoloser is ronrcrncd about the safely of a suceifie ioh or task. the emslovee rill notify a memher of mnnncrmrnt immrdiotrlv. The memher of msnacrmrnt will then requcrl a risk sssessment to he rondueled ulil irine the local ola111'r r r i r t inc risk assessment proredurn. 4) C~DIOur \CCT~I.IIO O ~ T ~ O ~ U \ L I4I1 .11 he r c ~ u i r c dIII norh on R ibh or machine uhdr i t 1 ' cunrldrrcd ""r .ih.ll In lrJrr III ~nJcrg .~ tcu\ ;:hcJ~lcJ by thc C ~ m p m )8 n rcidrd u.th lhlr p r r ~ g r ~ pr hu l he p2.J the rate 01 825 .': ad hl. l n c m t l ~ rh ow rate l ion ptcccudrl ur htr ;unml h . . ~ ~ lm) t c ~fonds)u.,rk Cur thr l ~ m cIC II uu ~ c ~ p n ~ ~~l.lnc,.>l r n8.h ., rcpdncd promptly olkr (he tlmc thc cmplu)cc ocil!tnc, m ~ r dc l thr ili~ilrnre. lru:h ~llnr.. 2nd ~ u b s.c a ~,c erlc\o .urr, >ur"cr.w. o r husoobl u~nfinrlncnl. dr utu requires treatment over nn extended p r i d f or occupstional injury or illnenn. m y b c treated by the Employer's physician or a physician of his choice nrovided hc notifies the Em.n lo.vc r in adumce. In the event nn.v d i r.~ u l ca riwr :dn;cn>.nb. ~ r ~ ~ t n . )lI~ Jl\l.lbl # l!ly "1 I ~ Ce mpl~ycc.th e cmplo)cr ma) be c \ r m ~ n db ) r ~ I I ~ ~ A ~J.r-.I.#~.d;I,n I .wJ b! tnc 1:tnplu)cr I f nhc Jorp~lc1 5 no1 rcwhcd b) tnlr r \ ~ m # n ~ ! . ~ n .d .rp..v \nl l l he rc<.~l\ctdh rd~ghth e SUIC Workers' compensation Commission. -\ I \\'hmoer :rnplo!cc< lulc utnr J~rnngt hctr w h r d ~ l c du urk 41)d vr IS! ~ c q ~ . r c~Ju r n h n . cr ! l lcdth unJ S ~ i r t yC ~mmtacctn rnnng,. Ihc rhnl, be clllnpen,rtc~ iur n. l d r t lhllr h.,,yl 120%o f the ~ n ; c n t t ~ bare mlc. as upplieable. 96 ARTICLE XI1 LEGISLATION SECTION 11.01 -SUBJECT T O STATE OR FEDERAL LEGISLATION This conmct or any Supplement hereto are subject lo any valid and applicable Fcdcnl Legislation or Executive Orders or Slate Leginlation. ARTICLE X l l l TERMINATION SECTION 13.01 1 , Thi, hp r r rmrn l .hall hcromc rl(ronr *hen romolctcd. hb r.tiflr~lion nf the I u r a l Cnlon and .uorossl of the Inlcmstlnnal Lnion. E ~ r r Q t ~ r o \ i d e din the Su >trike. Po I.orhnul Pro%i5ion.i l thc c ~ ~ l r a tdia~ten. t his uereemmt shall terminate unlrr- extended hy ~UIUI.eI recmcnt. This serremrnt and the local ruoulem~nt\lh r r r ln p~~ are also suhiect to t~rminst ioni n accordance with the ~ r o v i r i o nol f thC Pension and Insurance Aereemcnt between the oartier thereto: (u) I n t he r,rnt notlrr 01s dr.ire l o nmmd ur terminsle thimp~trJau cragc shall be r u ~ n d nllo the ncarc~t0 I lndrli Polnl ullng Ihc Fnglncmng M c h d o f R o ~ n J ~ n g 4. I n the event o f the Bureau o f Labor Smtistics docs not issue the appropriate CPI-W on or before the Erective Dots of Adiurunsnt, the Cost-of-Living. Allowance r y v ~ r c db y such rpproprialc lndcx shall be clkctnc at thc hegonntng the On1 pa) penod ancr rccclp! o f Ihr lndrr and pad rclr~nctlrolyto ~ h Ec N ccl~vcD ate ofAJ,u~lmcnl I Vo adjurlmcni. rcln,r(lnc or uthcrw~rc., hall bc mnoc I" pr) or bencfitr as a r rw l l ofany revlr,,n uhtch later m y b e rmdr I" the pvbllrhrJ figure, for thc Indcx D r anv month on the bar19 of *hch the an$f nr all ininl mrrlnnx.. and mrmhrrr o f the Imal olant mnnaermml In iolnlls re\iew each osnle?' ~ r r r l f i ro lsn for rral1,Inc l h r ra t inm ohirrln+r wine the , \mm$rd l'a~nKl i t I l rm* nr "rll s? a,n) olhrr m v l a ~ l sl ~cr mlahlr i lrm?. Smincs rxn hr * c h i n 4 lhrnueh ' " i " : : ; ! C".i" ". .~hl".l.d Ih.0ll.h 11.rnfl~ rcducliam$ "111 lshe DIWnnC ln trr lhan ghctirnr frnmrr indirstrd in thr plan. stsrnne reduction. C I ~ C CI,, ~or~rll r thnluah .ttrilion: hnrcSrr the I#o l l~~ rmlntcn l hc ~ r h l < b n l : 2004 rxdu~nscu r an+ l n < m t i ~ rs, strnn sssin~.. indudrci in ~ h cI.c ral - Imrro,emtnl Plan that hat. on1 hcrn ~ n s l a l l da% n f Asn l 1.2004 ncv. 01 the s r n a w d .!urnnl: rmllollln. mu\t 1-r a~con~r l l \ h r1d -1 .Innunw 1.1005 100% of the nrooovrd rtnmne rrduction* ma* be srmmoli,hrd bv J u B Ih e Jnlnl C ~ o m m l t l ~shra~ll ontn?oll, m t r r in##,d i\cu<\inn%a t each plnnl in sn effort In d a s r l o ~i nintlt n loca l Imnro~rmenlP lnn Such d i , ~ ~ < , i ~.~ha, l l hr W ~ D I C ~nCo ~la ter ahsn (On1 dacr ro ! lnu in~~hdr ate of r~ t i f i rn t iono f thc ma-trr Acrrrmcnt. and uson murunl acrrrment lhcrr local dirc"3~ionr* ill he in 1iru of lorsl nwot1ationr Sh#wlclt he 1larl8~%hr unvhlc 18, reach aerrrmrnl on a ioml "Ian. ahr mnllrr rhsll sn,msll! he r c k r r r d 11, ~msart iual rhnlrsli#,n. 'I hr nunor. rill e\chanec Fmvl O(rrr< mhlrh mu,! %nllrh the rrctturemcnlr $ 4 lhl\ Failure ofsuch employes to provide notice shall result in 103s of recall righu at all other plants and the employee wi l l k tcminnted. Sdrwtthrwnd~ngt he pro\lstdn of Anlclc X. Sccllon I. Paragraph la,. 2 . an cmplc,)n who h a tuo )can or -.c.rs of vcnlcc a! mc rlmc of IhydNand uho 8s hlrc~d~ u~n~-d~ c-r ~t~h r~ orcfemnl~ahl tnne nruv~rtunro f tho$ Annclc X. and aho muancd 7~~~~ ~ ~ ~ recall rinhts will receive scrvics credit. if recalled. at his former o.l ant.. o. r ovided his tou l service at such former plant at h e lime of layoff and any scrvicc a ~ ~ w n u l aatt ~thde new plnnt(s) exceeds two years. An smployec who is released fmm employment as the result o f the complctc and permanent clorvre o f a la'nl plant c a v e d by thin ngmment. who d e s w rincn application for employment at othcr planu covered by thia agreement within sixty (60) days o f such release fmm employ men^ wi l l be given prcfmncs i n hiring over new employees in such olher plane far work on which he is qualified. provided such employee has not assumed the status of a retiree, accepted a Special Diseibutian. A complctc plant elo~urr, for the purpose of this Agreement, the Pension, Insurance and Service Award Apemen1 and Ihs Supplemental Unemployment Benefits Plan means the complete discontinuance of pmduet manufacturing. Nohvithrtmding, following the dale of complcte plant closm, there m y k employscr continued in "on-manufacbng duties at the plant sits. Any such former cmployec who is hired will be hired as n new employee wiUlout service credit for seniority purposes. For all other pwposcs. he wi l l k credited with the amount o f continuous service he had at the time of his release from smplaymcnt or layoff and. i n addition. wi l l m c i v s credit for Ihs amount of service credit for which he would have been eligible undcr Aniclc X, Section l(a)2. As of he were k i n g recalled h m Ir yoN. Ifs uch employee refuses a job for which he is qualified. his preferential hiring tighu specified nbovc shall !x tcminatcd. Such refusal wi l l not prejudice the employee's right to benefits under the SupplsmenWl Unemployment Bcncfie Plan and Pension, Insurance & Service Award AgrrcmcnL providcd the employee is eligible for such benefits. ,\l the lome of hlrc, on rmp l~yccx crclrlnd prrPrcnl8rl hlnng nghs undcr l h ~ r pro\lrtdn wtll forfell hlr prcfcrrnual hlnng rtghls ar ohcr plane an0 hlr nghs a, bcnrlilr unJcr thr S U 1) Plan nn.1 thc Pen,#on. Inur#ngp crlonnurcc oiler1 Ihr Drrman m d onc ( 1 1 Unlun Hcprexntal~vcu d I be prrhent (D) I)I f the applicant achieves a score o f 75% or better, he will be accepted far Ulejob. 2) I f the applicant's score is below 75% he wi l l not be eannidcred qualified for the job. 3) Follurc IJ pa,\ ~hr1.2 .1 ulll nnt IITI.;~ the per<<," tlylnd. tcvn ~n the i~ lvrciu r dlher juor ur Lhr sunepb. pr~ \ . J#nIgnc cmp1a)cc ;an nanc lo ~ h cm .nl or,,c rv uttrfactlon l h he~ ha s rucco'fullv completed additional schooling or related expcricnee. Evccpuc,n Any rmplo).cc b ~ J J ~ n g da nC mJed \lcchant;al pl,#!tun who *.thtn !he pa,, twr.nt).lo~r1 24, monlllr h l r lukrn mJ pxrrcd thc (imdcd hlr;hrn,<,,l I < % , C r !hc~lppl,idhlcl rrJe nc p.,cJu,,. qhd ,,o,hr required to be re-tested. P2 Reissued June. 1965 MEMORANDUM OF AGREEMENT Re: Time offjob for Union Burinssn Union members shall be granted time offlhsirjob during working hours to e q ou t Union Business away from h e plant providing: ( I ) Sullicicnt advance notice is given Batwill enable Company to whcduls rsplaermma. (2) The employees involved will not affect Ihs efficient operation of Ihc plmt. (3) The amount of time and number ofemployccr involved doss not result in the Company assuming an unreanonable cost. #3 Reissued Junc, 1965 Reissued Aucast 2003 MEMORANDUM OF AGREEMENT The Company and the Union agree that the submission or withdrawal of m y proposal by either p a w madc during the negotinlions shall not be used to prejudice the Company or Union position, either in subsequent negotiations. under the grievance procedure, or befare an Arbitralor. #5 March 2. 1965 Reissued Aueurt 1003 MEMORANDUM OF ACRE&,WENT Re: Bench Mark Jobs - Section 6.01(C)(l)(b) Labor Grade &z -Job I No Jobs Established 2 No Jobs Established 3 206 Bcrd Tmckcr 206 Bead Service Pmn 4 206 Bead Apex Flipper 505 5 237 SuncrlPalletiz~r 747 6 237 Tire Trimmer 498 7 202 Utility Man 165 202 Millpenon (Calendar) 735 209 Bias Cutter Opentor (Automatic) 538 9 213 Brvo-matic Operator 8: Rack Stacker 565 MECHANICAL Labor Grade Welder Bench lland Mechanic Machinist None Toolmaker Engineer Elcet. Electrician #6 July. 1976 Reissue3 Aueurt 2003 MEMORANDUM OF AGREEMENT Re: Seniority Lislr provided to Union The Company will pmvide the Union with a plant seniority list once each y c u and from lime to lime BF required to administer conlract provisions pcmining to seniority. Thc Company will provide the Union with a seniority list by dcpmment cvely three (3) months. 8 B D D B P b 1 I 1 #7 January, 1978 Revised Aueust 1003 MEMORANDUM OF ACREEMENI Re: Overtime on a day where a shifl or shifls have heen canceled due to a storm In lhc event it is necessary to cancel a previausly scheduled shin or shins due to storm conditions it is agreed that the Company will not call personnel from the canceled shift that follows the last shin worked in an effort to sustain the last four (4) hours afapcratian of that rhifi. It is agreed that if we have personnel available on ths last shifl worked who have already worked fwelve (12) hours (sixteen (16) hours in the cane of twelve (12) hour continuous operation shiflr). these people may be asked to work the necesraly additional hours to sustain the plan! operation. The above in not applicable to Graded Mechanical Division penonnrl that are required to maintain thc plant during the storm period. Seprcmber. 1982 Reissued Aueusl 1003 MEMORANDUM OF AGREEMENT Re: New Equipment or New Product The Company and the Union recognize that in order for the Buffalo Facility to become and remain n viable. competitive plant in the tire industry. the expenditure oflarge amounll ofcapital wi l l be necessary for new cquipmmt. The partics recognize thnt such expenditure is for the benefit o f all employees ri it enhancer job security and continued ~mploymcnat t the Buffalo Facility. The panics also recognize thnt the maximum utililntion o f such equipment is ncccssary to offset the high cost o f purchasing and installing such equipment while remaining competitive with other planu in the tire indurry. To this end, the Company and (he Union agree to the following in reference lo New Equipmcnt or New Product: I ) Present work rules and practices may not be applicable to new equipment or new product and might not be used as comparisonr to such in establishing new work rules and practices far the corresponding equipment or product 2) New work mler and practices m y b e established for maximum utilization o fn ew equipment or new product while maintaining competitive costs of product. The Bargaining Committee and the Company wi l l meet to determine what changes. if any, may be needed to rc~ompl i r thh e above. #9 November. 1997 MEMORANDUM OF AGREEMENT Re: - Distribution of Ovcnime Both panics recognize and agree that if Dcpslrmcnl Agreements are entered into regarding the distribution of ovmlimc, the last sentence of Scclion 10.04 which stater "No Dcprnmental Agreemenl shall be in conflict with this Agrecmcnt" shall not be binding or applicable to such Dcpnmental Agreements. b any d s p a m c a for which no Departmental Agreemenl is in place, the overtime distribution provisions of the Ccnersl Agreement shdl apply. Also, if a Departmental Agreement fails to addrea a specific issue that is addressed in the Ocncral Agreement, the General Agrecmcnt will conlml. #I0 November. 1997 b Reissued Aueust ZOO3 B MEMORANDUM OF AGREEMENT b Re: - Ovenime Sign-Up B b During the 1997 contract negotiations. the panies agreed thvr the profrrs of obtal,nl.ng ovenimc coverage needed to be streamlined. In order to help achieve that goal. the p;mies agreed that the Company would establish m overtime sign- ) up procedure designed to fill overtime for known vacancies only (including, without limitation, vacations. floating holidays, long-term absences. etc.). B' The ovenimc sign-up shccts for known overtime will bc posted in the Department no later than Monday of the prior week, and will remain posted until Friday morning of the same week. The ovenime sign-up sheets will specify job ) classification, shiflandduy(s) to which they apply. In order to be considered for know overtimc, employees must sign up on the sign- ) up sheet. Employees who do not sign up for h o w n overtime will be charged for lhc amount of overtime that they would have been entitled to work under Sections ) 5.07 and 5.08 of the General Agreement (or any Depvnmental Overtime Employees absent dunng thc period in nhich the ovenjme sign-up shect is posted ) may get approval fmm their supervisor t4 have a Union represenbtive sign the sheet for them. Knom avcrtime will be distributed to employees on the overtime b slgn-up sheet under the overtime distribution rules contained in the General A p e m e n t andior any Depanmcnbl Overtime Agreement. b n i s M emorandum ofAgwement shall not apply to distribution ofdaily ovenime. D D D D ~ . . . -. --. D 125 D #I I Issued May. 1988 Reissued Aueusl1003 hIEIIORAh'DUI1 OFAGREEhlENT Re: MTR work rules and contmctunl stipulations It in mutually agreed beween lhc Company and lhc Union that work ruler and conlmctual stipulations will be established lo allow the Medium Truck Radial Produclion Dep~nmmnt! the Buffalo Facility to be, at least. as productive m the Medium Truck Radial Production Depanmcnc s lhs Shir&nwr, Japan Facility. This would include lhs ertablirhmcnt o f production standards lo produce equitable units on equitable equipment and Ihc cstablirhmcnt of jobs wilh compamblc duties ns to Shimkawn. September 25, 1988 Reissued August 2003 MEMORANDUM OF AGREEMENT The Company has the right to sever any employee whose absenlee record becomes so excessive as to be deemed "Industrial Unemployable". Thc above is intended to address employees who negatively effect productiviry. campetitive costs, and the overall profitability of the Buffalo Facility and its employees. Any action taken by the Company may be protested in the grievance procedure at the next step preceding Arbitration. # I 3 Issued May, 1987 Reissued Aueust 2003 MEMORANDUM OF AGREEMENT Re: Buffalo Plant Competitiveness m d Profitab~lity I) It is recognized b y the Company and the Union that the Buffalo Plant hur been u nonprofitable and nuncompetitivc plant within the tire industry. 2) It is funhcrrecognizcd by thecompany m d the Union that the Buffalo Plvrlt ,nus1 become a profirable and competitive facility within thc tire industry for the overall benefit a fa l l its employees. 3) To this end, an November 4 , 1994, the Company and the Union agrccd to various contractual c h a n ~ e sin agreements between the parties in an effon to make the Buffvlo Facility a more efficient operation. 4) The Company m d Union commit to d o everything within their puwer to encourage the atwinmen1 afplont objectives to minimize costs and maximize bcnefit ofthe agreed upon changes to enhance productivity and the competitive position of the Buffvlo Plmt, including: A) The standardization ofal l rwning and quitting times. R) Drily schedule acwinmenr. C) High Quality Components and Products D) Competitive Costs E) Immediate reaction if the above objectives are not met 5 ) Funher, it is r l ro recognized that due to the financial drain an the Company, immediate improvement in plant pcrfomancc md attainment ofplant objectives with resulting cost reductions are essential. 6) In view uf the foregoing, the Company will continue to meet regularly with the Union to revicw actual plant performance and to keep the Union informed ar to the pmgrerr towards h e f ollowing stated objectives and their impacl an product costs: Objectives J u n w I998 A) Productivily- 95 Ibdman hr. 8 ) Abrcnleeirm- 3.00 perrent C) MTR Waste Ratio 8 percent D) MIC Wartc Ratio 1.5 pcrcent E) Radial Waste Ratio 1.2 percent F) Schedule Altainmcnt 100 percenl 7) It is expected that the pmeding objectives will be met by January I. 1998. 8) If progress towards Ihc slated largels declines or in unratisfaftory. the Company and the Union will meet immediately lo discuss other changes, to include wages and fringes. in order to oblain merningful cost reductions. Thc Company and !he Union will meet on a quanerly basis to review the abovc objectives. #I4 Issued November 4, 1991 Reissued Aueurt 2003 MEiMORANDUM OF AGREEMENT Re: Mutual Respect Dunn.e th e 1994 Neaotiationr the oanies attrmoted to develoo and enhance a more cooperative and constructive relationship in their respective roles in jointly addressing the problems and future of the Buffalo Plant. The panies recognize m d agree that conflict m d non conrtrvcriveadversatial positions must yield to a more cooperalive relationship based upon open cxpresshn of ideas andconcems. trust and mutual respect. Mr. Coss, lntemational Union President, and Mr. Moley, Mmrger. Employee Relations, addressed and agreed upon these principles. To facilitate the above. the Company pledges lo build upon a better understanding that has resulted from these ncgotiations which includes suppon for change in n changing world tire market, suppon for the ETT process md a total commitment to quality. The Company agrees to explore additional means to enhance their relationship which will help ensure the survival and success ofthe Buffalo aperations and the economic future of all Buffalo employees. Issued November 4. 1991 Reissued Aueurt1003 MEMORANDUM OF AGREEMENT Re: Rerrricred Duty Work Program I . It is the Company's intent to make every reasonable cffon to afford employees the opportunity for produclivc work for those who are temporarily disabled. I n this regard. the Company will attempt lo provide temporary employment while an employee is recovcnng from either an occupational on nonoccupational i l lncs~o r injury. This lcmponry employment is not designed as long-term employment. 2. The Como. an.v wil l nttcm.o t lo .or ovide em.o lav.c es who have became temporarilydirnhled and are approved by the Company's physician as capnblc of performing somc meaningful work, although on a restricted basis. a work ar~ignmenwt ithin the Buffalo O ~ ~ m t i o nSru. ch work assignments may be traditional or n o n l n d i t i o ~aln d may involve assignments to work customarily performed outride the bargaining unit. 3. Daywork employees working such assignments shall bc paid at 90% of the noolicabls hourly mte far their Day l n d e for all tasks idcntilicd on the List bi Re~uicted uty Jobs (atmcl;ed)- Far work in regular job classificationn a daywork employee wi l l be paid at ASTHE or 100% of the rate of the job. which ever is greater (whether an accident. illness. or a compenrarion;ituation). An in&ntivc employee (those at the m i m u m incentive base rate), workin8 in a regularjob classification wi l l be paid at 90% of II S% of his applicable incentive barc rate or the n t e o f Ule job uh~;hc$rr ~r g c ~ t c r A n .n;mll\r crnp,d)a< .lh.,,r. rl the nu \ l tnJm ~ n i e n t n cb r\c rate) v<,rh~n&I" an) other a! 1.1h ila,rlfi;n#~n tn !he blrg,#ntllg u n ~ l ,.u; h Irvgnmrnls ul.1 n ~;rcl ll c .I"). ~dJ~114nrdl hh $0.o r pcnalllcr or c,hltg~.,n~ ou.ng 12 mny cmp1o)cc ul,rk#n. " ~n 3 I J i~l n r $ ~ l i c r !I~J ~unh 8 ~ hw. 'h arr8cnmes li m~. lc 2~~ provided, that employees wi l l be assigned to a shin and a"normn1 workweek" under one oftheconlractual scheduler and wi l l not be assigned to work in regular Dunlop job classifications outside o f their normal workweek. Thc Com.p any wi l l makc every effort to keep ~ employees on their n o m l s hill unless good burincsl practices and nvnilrhle work dicwte otherwise. Resuieted employecr wi l l not share in the overtime of classificvtions lo which thcy arc assigned on s straighl time basis. II . The Compny refains Ihc sole righc to invoke or refuse to invoke this provision for any and all ~mployeesa bsent from work due to .,;;~pa#~ln~I ,r n. tu.~~;;~px.~n11~ n ci* .u ~ n j ~ r' I)n ( \ pr.jr 4r.m rhn.1 nut ublyale the Company ~nm ) mlnncr to rrluvn an rmpluvcr 11o n thr op~nn~unrt hr. C.,,npany I I I, Jcemed nut bmefi iu. lo JA r d LIST OF PROPOSED JOBS FOR RESTRICTED DUTY PROGRAM WAREIIOUSE: I. Elevator Operator 2. Breaking down pallets (170) and put together (237) 3. Cut scrap tircr (237) . MECHANICAL: I. Mobilc cquipmnt (point. clean. err.) 2. PM - clean pans, fire watch. runighfening parts . TIRESHOPS: I. I D c ord and conrolidale 2. Strip rubber 3. Weigh Scrap 4. Strip beads STOCKPREP: I . Clean tread leafs 2. Clean tread can wheels 3 Conrolidate Stock (D) dcpt 4. Weigh scrap AnylAll Existing Dunlop Job Descriptions . MISCELLANEOUS: I . Clean parking lot 2. Clean roadway 3. Assists in offices 4. Filing in Of ices 5 . Sweep floors 6 . Wash windows 7. WashiCleaniPaint guardrails 8. W~shiClcaflainto w moton 9. WvrhiClern /Paint machinely 10. Any other work within employee's rertriction and business center. # I 6 Issued November 4, I991 Reissued Aueurl1003 MEMORANDUM OF ACREEMEN1 Re: Balance Crew Penon During the 1991 negotiations the parties agree to discuss thc establishment of a ncw classification of Balanced Crew Person which would be a multi-skilled classification to more efficiently balance the manning in each Division than the cunznt use a f Utility employees in thc various Business Center. A multi-skilled ~ a l a n c e dC rew person may be able to more effectively suppon the required work in various areas than thc current clvrrification manning # I7 Issued November 4. 1991 Reissued ,\UIUSI ZOO3 Re: Planned Mnintcnnnce Group I t is mutu~l lyng reed between the Company and the Union to establish two(2) w o t scheduler within the snmc rlnlion for Depmments 268 (Eleeltical) m d 2 70 (Mechanics). I . Pl~nncdM aintenrncc Gmup ~ a n & y- ~ d n "yA S hin 7:00 A M - 3:00 IM' (Subject lo c h r n ~ cby one ( I ) hour fonvard or kkw.uard) 2. A l l rcmining Mechanics and Electricians wi l l be scheduled rr per this Cantinuour Openlion Schedule. I t is mutually understwd that Ihc intent ofcrwhlirhing a Planned Mainlenance Croup is lo primarily utilire this ~rourf,o r PM work. Therr i v nn in!~z!i?c 12 :CC tnls p u p a s a utility work forre within their rcrpectivc swlionr locover absenlecs, vrcnions. etc. unles~a ll ovenime lo cover such vucrncy has been exhausted. 1 , is mutunlly agreed by Ulc Company nnd Union that lhis agreement wi l l supcncdc and wkc prcecdcnl over any and all conllicling provisions or any and all ugrcernents bctwecn the Campony and the Union. # I8 Issued November 4. 1991 Revised Aueurl1003 Re: Plant-Wide Cora Pcr Pound Bonus Plvn During the 00) Nqotialionr the Company and Union agreed t o r plan that provides an opponunity for employees to shvrc in improved productiviry us mcarured by the cost per pound ofcach yeah production. Section I. Eligibility: Full time employees wilh one ( I ) or more years of sclvicc on December 31 of each Plan Year who are also on the on April I of the following year and employees who worked m d r etired during the Plan Year arc eligible to receive a bonus for the Plvn Ycar. Section 2. Plan Years: Crlcndm years 2004,2005, m d 2006 wi l l be Plan Y c m for purposes of this Plan. Section 3. Formula: (=) Eligiblc employeeswill bc entitled toa payment bared upon the annual cosVpound achieved during the Plan Year. (b) Othcnvisc cligibleemployees wi l l be eligible for a payment equal to the hours actually workcd by the employeduring each ofthc Plan Years times he centd~oundin the following table: Consllb. Cents ,706 or more 1.00 .686 - 705 16.20 666 - 6x5 6.40 (oC IIIL, Ib n.11 k I ~ BC \ C N ~ CC OW Ib fur !he a p p I 1 ~ 3 bP. ~ll n Year i..l;d.acJ o* llnc tsj!sl r b c r anJ < c ~ r h c coo~i l J ~ r ~ r lbcyJ !he 10131l bl nlrchc,ulcd. S L ; ~C ~rmuloo nd u1II nu, he chnngcd dunng the term of thc Plan Section 4. Poymcntr: Paymmls will k made in o lump sum (reduced by applicable withholdingr) no lstcr than the second week in April of Ihc year following the Plan Year. This payment will not be included in any benefit or vacation calculation nor included in any ASTHB or m y other overage earnings crlculvtiun fur any purpose. -n20 Issued November, 1994 Reissued Aueust 2003 MEMORANDUM OF AGREEMENT Re: Temporary Summer Vacation Period Employees The Company may employ up to sixly (60) pan-timeiremporary employees to fill- in for absences created by vacationr and long-term absences during the prime vacatio~n m. onths (mth rough September). Sueh employees will be assigned to fi l l vacant nositions where em.o lov.e es are on scheduled vacation or lone-term ~ absence following m y shin rccommodations per current pnctiee. They will not be used to fill behind emplaycer who have been moved o f f o f their regular job to cover for another employee's vacation absence cxccpl where overtime ir exhausted for regular employees. I t is expected that by utilizing such employees greater neribi l iv in vacation scheduling can be achieved without interfering with production, When hiring such employces preference will be given to relatives of Dunlop employees. Such employees will be employed at no less than new hire rate for the Pry Grade in which they are arrigncd, bur they shall not be eligible for any of the other benefits provided for under this Agreement. Sueh employees shall not amain seniority rightn but the provision o f Section 1.02 wi l l be applied. Such employees will be entitled to participate in overtime opponunilien only where overtime for regular employees has been exhausted but may be scheduled to wor i ins open nhiir i irequirrd by incir crrw us,igl.llnr~. I.)O f rhs Summcr help positions filled by relatives of Dunlop employees, no less than 80% o f the position to be filled wi l l be made available for relaives of bargaining unit employees (assuming a ~uffisientn umber of qualified applicants). These employees wi l l be (he fin1 employed and the Company wi l l maintain the minimum 80% ratio during the Summer subject to Nmover. Temporary Summer employees will not be employed when there ore employees on layoff or lack ofwark who have the ability to perform work being performed by such employees. The C o m ~ s n yw i l l updnte the Union on a weeklv bnrlr ar to ths number of summer helo em~loveesn orklne In the plant and the lobs they are performine. Following lhc use of this Memorandum each Summer, the Company and the Unlon Bargaining Committee wi l l meet and assens the Summer's experience and address any problems Ulal have occurred to make the program more workable for the following year. This Memorandum of Agreement wi l l terminate upon the expiration of the General Agreement. -n2 I lrrued November. 1997 The panier agree lhat during the term of thin Agrccmcnt. the Company will not contract oul the work being performed by Bargaining Unit employees in its existing warehouse operations. provided that the Company shall continue to hnvc the right lo contncl out loading (either by outside truck drivers or lumpern) and n i l m r d yard duties pcr ilr current practice. However. loading or lumping shall not be done by "on-employcer when Bnrgvining Unit employees willing to perform the work, can be reasrigncd from other work. and shull no1 be done an work nrrocioted with any medium uuck tires. lrvnsfcr orders and original equipment ( c g . Rnrley Davidron. Hondn, etc.). lrrued November 4. 1994 Re: Five (5) Day. Eight (8) Hour Work Schedule While the primmy schedule for thc BuNalo Plant is ~ h 6c2 13 continuous operntions schedule set forth in Section 5.03. the Company has reserved !he right to utilize a normal eight (8) hour. five (5) day nchcdule in nny area for some or all rmployes~e. .g.. certnin dcpnnmcnts andlor pans of the wnrshaurc. Employees will be givcnnt lcarl thirty (30) calendar days'natice before b c i n ~ rescheduled from continuous oprntionl to rhc normal five (5) day schedules or vice vena. Ihc Iangugc dfCcncnl Awccmcnl rcg%rJ.npu ork ucr l ~ : h c . l ~ l ~brr,..k r. orcnlmc nnu prcmlum ply, hollJl) ~nJcn.bk~npasn J ,,her Jprecmcnh refcrr 1.3 thc 6 . 2 ~ 3c dntmrou oncr~l8c!n\r ;hcJ~lr >(<,.I . ~"t w u- ~ i18 rth e ( icncr~ l Agreemen! applicr lo barh schedules and language applicable only to In ormal ciphc (8) hour, five (5) day schedule is re! forth in this Memorandum. Standard Davnnd Standard Weeks Ihc rtanmnl $htn ~ h ~bcl clg h! I ~ bJur * per JL) und (he r l~nlLrJu ccu i h l l l be f,,nylJOt h.9.n AnypalJ 11.11.I J), l hx fd l u ~ u l l n1 h~rmp1u)crr ukJulcJ udr!. urcl rhxll he c.-n\ \~krcJ1 s a r:hcJ~lrd Jar ai vurk li~gn!~ h,ron,r;ut~reh ~ ~n -rnry tucu0.111~r,2J, h J 4 r ~ r l urnl o ll <.ln>ll!ic hrd.lcd in~fiu.,rkJ 3) .AS;, ,.\:,.,s of fun) 1401 h.3,~- per urvL !cxz l~Jmg ovenime hours), Pav for Holidays When a recoenized holiday falls on Friday. Saturday will not b -1123 Issued November. 1997 Reisrued i\ueurt 2003 r\lEAlOHASDUhlO FAGKEEAIESI Re: Conlmcting Oat - Cumpany lntcnt During the 1997 Contract Negotiations (he subject o f Oulridc Conlrnclon wrr discussed. The following is the intea of the Company in this regard: 1. It in not the intent tocantract work out to keep from hiring pcopls or to backlog work r o i l c an becontmcted out. 2. I t is the intent to make an cfTon to utilize Maintenance empluyec~to pcrhrm thc work where i t ern bedone by offering a rearanable amaunt o f ovcnime to complcre the work by the nccerwrydnte. I t ir expected thvl Mnintenance employes who accept ovenimc as outlined above wi l l Inllnw through on their eommi,mcnt and work the hours commitled lo complclc the pmjec~. 3. Except us is provided in Anicle IX. Section 9.10. lhs Company wi l l continue utilizing maintenance employees to perform work historically performed by svch employees (c.g projects arising out o f machine breakdown, preventive mainfenmcc) whcn the Bllowing pnrcdure hnn k e n s atisfied: a) Employccs who sign up Tor. and are selected to work on such projects are committing thac !hey will be avrilrhls to work on those projects on an rn needed basis. This means that: Ovcnimc work an that project wi l l mkc prcccdsncs ovcr m y other ovcnime work to which the employee mny be entitled. . , the man on the job. Employees who do not sign up far r project wi l l hare no right lo work on the project on n rul ight time or ovcnime basis. b) I f m employee does not show up for n scheduled assignment, straight time, or overtime. Ihc Company m y r eplace or 811 in for the unavailabls employee from among the following options: . Temporary assignment . Call-in o f m off-duty employee Use of m outnids conwctor C) Ifthe Company does not obtain a suficicnt number ofemployees to sien up for and commit to n projsct to perform tbc scheduled work in all of the classifications involved, the Company rcnerves tbe " 1 to contract out far that project. 4. The outside contractor will be required to furnish his own toolr with the exception ofspecial toolr. #20 Issued November, 1997 Relsrurd Aueurl1003 MEMORANDUM OF AGREEMENT Re: Weight Allowance A weight allowance will be paid to all incentive workers to compensate far liiting and working with hea\y loads. The amount of allowance will be determined by L e w ble below: Ph!,cs C..n<~Jcr~ h cu: #&h! h ~ n d l pre~r m m a nJ .,no" l n ~r~lcmr c nh .,I llmc unbr lhrJ Jctcrnl8nc pcr;cmye 11~131tu ne lor ~ n J r Irh a l F.CIIICOII J I , IJ~ .0~) oa,r ~ u m rat~14 use ~ h c.lu ,c$t pll1 1311. ~.n!er:J ~ n .n t a~grc cmcnl ulth the Ln8.m rrtabl~.h~ng thc knn, 2nd ;dnJ~t~ . lnro ! cmp.o)meril I I I he effr.;!l\,. ~r d l ihc clo%tn,:. hlr ) Thlr pro\8slonI . r.ted. - FiveGatewas Center Pinrbureh. PA 15121 Denr Mr. Palm: The Comonnv aerres to continue i n effect for all bsreaininc unit emdo\ros i n the Dunlos ~ l a nitn Buffalo. New York and the Local Union i n the slant aerees to accevt both the Penrion. l n ru rsnc~an d Service Award Acroemmt. with certain serred to cxeeotions and modifications. and the chnneeq in the 1~ 11 1s furlher a ~ r m(hl i lt the 1 . ~ I~ ni1nn in Ihr uho,r mrnlaunrd slant all1 pattern. tvr .-\lr. loo". chnncr. IS,a n\ rn~namaeco mnnnmh uf thc \Irrln ?trr rlnnt. awurdinc to thr lhneurer. Ih 8r slant mill BI\bUe in cluded in nnrwine. suth ;nr Interim and anther inf~,rmrrwnrl -Director Global Labor Relations Agreed: Andrew V. Palm LETTERl MASTER LETTER 1 Five Catewsv Center PinshurKh. PA I 5 2 Q Desr Mr. Palm: In the event that the Company should pcrmnnently close down any p l a t covered by rhc Company-Wide Agreemen, wilh the USWA and move: lhose manufacturing opemtions elsewhere, an r m ~ l o v e ro ut nut o f work hv the dosure. may mnke written a ~ t ~ l i r n t i ofonr ~ m ~ l o y m eant lt he new ,it. under the Prefermtial Hir ing ~lrovisionsc ontnined i n Article X of the Msrter Agreed: Andrew V. Palm (Original letter dated April IS. 1959 from F J Caner to Goodyear Secdon l n t n t i u n a l Policy Cammittrr) MASTER LETTER 5 Dear Mr. Palm: In l c e vent that ths Company opens a new avlufacturing facility or acquires a manufacturing facility within the confines of (he Unitcd S~ l t c s for the manufacture of products of r lypc produced in existing plants covcrcd by the Company-Wide Agreement, thc Company will provide nnv laid-off rmslnvcer the Noutralirv Letter. -Director Global Labor Relntionr (Original lcn~r& led July 24, 1967 from Nelson G Ball lo Kenneth Oldham) MASTER LETTER 22 October 25,2000 Five Gateway Center Pittsburgh, PA 15222 Dear Mr Davis: During the ZOO0 Muster negotiations, the panier discussed reimbursement of employees' costs of adoption of a child under age 18 not related to the employee by blood or marriage. 11 was agreed that an employee who, while accumulating continuous service during the term of this Agreement, wisher to odopl such a child, will, 1t he time of c o w finalization of the adoption, be reimbursed for the following covered expenses: I. Expenses for coun Forts and investigative. counseling and supervision fees chwged by r recognized adoption agency which in licensed by appropriate Sate or County government authorities, not to srcced three thousand dollars ($3,00000). 2. Legal fees associated with the adoption procedure, not lo exceedone thousand dollars 151.00000~. Sincerely, J L Allen Director Global Labor Rclrtionn (Original letter dated April 23, 1988 from F RTully to Swnley Somo.) LETTER #6 MASTER L E l T E R 24 Aupvrt 10,2003 Mr. A n d r m V Palm Intcmntional \'ice President o f Admini l tnt ion United Stcrlworkerl of America DCSTM r. Palm, Durine the 2003 Master nceotinlion~. the suhiect of deductions for LS\\A PAC contribution. unr di.rur.rd. i n sccnrdancc ~ i t hFe deral Eirrrlon Commiwiun tuidrlinr3. thr Cumpan, rill serre to H I ~ L IP~A C dcdurrionv frnm exmine, lo r esrh nctvr "noon mrmher. oro$~dedth e! <#en a IISH'A~PACa ulhorirxlion form. The C o m ~ s n $.I >" aprrrs lo s manthl! PAC deduction from rrtirpr'r oenslon* uhn urrc Union mcmhcrs. orusidrd the) 4%" I 11S\\AI P.\C authori8artnn form. I n addition. the Comoxm uill drdtorl S l r r l r o r h m Orcsnl,al~#,n of Arl i>c H e t i r m ISOARI dar, from retirre'r ocn3ion. "hat r r r o "noon memhsrr. nmsldrd the, dm a dui, crcrured aulhorirslion form for l h ~oru mwe. I n considemtion. the Union aerees to: 1) Prnvidc to the Com~anva duiycxccuted authorization form siencd by the individual emdovrcn who wish to have contributions deducted frnm lheir earnincn. Provide to the Comt~anya duiv ererutrd authorization form rienad by thc individual retireon who wirh to have contributions deducted from their nendon ~~xvmmts. 3 Indrmnik. defend and saw harmle%vt ho Camranv from anv elalms. suits. iudermentr, liner. oensilicr. snachmentr and from snv other form of i iabi l iw as a rerult o f im~lcmmlat iono f this Aerremmt. The nay from which the deduction and the dale on which the remiltanre cheek is to he delivered to the Union shnii be delrrmined bv the oarties once the deduction system is araiiahlr. DIT.Cf(ll Ciabsi Labor Relations Agreed: Andrew V. Palm LETTER #7 MASTER LETTER 25 Mr. Andrew V Palm Internstlonal Vies Prcsidenl of Administrstion United Steelworkers of America Five Gateway center Pitlsbureh. PA 15222 Dear Mr. Palm: a I n nn effon to Blr l~elv e rm~loveesre auestine .referential hire a consistent review of their work rec~rdst.h e existine review ~ r o c e h~ass been clsrinod as rollers: a A) Each aoolicnnt for oreferrntlal hire should hsve lheir work record reviewed at the time of Iavoff. B) The "sendine" olant is rsnoonrlble for the determination of whether an a s ~ ~ l i e ains "tn cce~tahle" or "not acee~tahle"f or preferential hire. C) . A ~ ~ l ~ c amnitl rl b r dcterrnlned "nltt acremahie" Pnr sreferentisl hire for oncnf the f#dl$,win~rramnr: I. Wurk r ~ ~ ~ r d ~ o n .lcsulrrnern t or ncllsr i.srl Chance Leltcrof Commllmrnl I.",. "1 \'.l"r 1,rttrr. Iw 1. Work record contain9 any s v ~ ~ e n ~Llro nsh nenteclrm. includine s waived susllendon. within the last melve months rlrior to layoff. I). I f the r ~ ~ l i r a nhcxr nn) current disahlint reelo~edh v the par tie^. At such hesrine a Union member and s Com~anv member of the ContrnrtineOut Commiltrc shall renrawnl the c. '1 he arhnlr~lurt hat1 rendrr u deci$iun ui lhln lort,.rirht I#) hour. tcxrludlne Sslard"$5. Sands+. and h##toda,sl 01 the mnrlu,lon uf thr htarlnc. 1. Snluith.tnndine nn\' other ~ m + i r i n nof lhlr Acreement. anr rare hrsrd In the Esurdoled Proan$f nr all ininl mrrlnnx.. and mrmhrrr o f the Imal olanl mnnaermml In iolnlls re\lew each osnle?' ~ r r r l f i ro lsn for rrali,lnc thr ra t inm ohirrln+r wine the , \mm$rd l'a~nKl i t I l rm* nr "rll s? a,n) olhrr m v l a ~ l sl ~cr mlahlr i lrm?. Smincs rxn hr * c h i n 4 lhrnueh ' " i " : : ; ! C".i" ". .~hl".l.d Ih.0ll.h 11.rnfl~ rcducliam$ m i l l lshe DIWnnC ln trr lhan ghctirnr frnmrr indirstrd in thr plan. stsrnne reduction. C I ~ C CI,, ~or~rll r thnluah .ttrilion: hnrcSrr the I#lll l,rincm tn, hc "rhi,%nl: 2004 rxdu~nscu r an+ i n < m t i ~ rs, strnn sssin~.. indtndrcl in ~ h cI.c ral - Imrro,emtnl Plan that hat. on1 hcrn ~ n s l a l l da% n f Asn l 1.2004 ncv. 01 the s r n a w d .!urnnl: rmlloilln. mu\t 1-r acconnrli\hrd 1-1 .Innunw 1.1005 100% of the nrooovrd rtnmne rrduclion* ma* be srmmoli,hrd bv J u B The Jninl committee^ rhsll oromoils rntar Into direuvrinn? at each plnnt in an alfnrl tn dcrrloo inint lr n I.ocal Imnro\rment Plan. Such d i r ru~r innrlh nll hc m m ~ l c t c dno Inter than sixty 6 0 ) darr followine Ihe dstr of r~ t i f i rn t iono f thc ma-trr Acrrrmcnt. and uson murunl acrrrment lhcrr local d i r cu~~ io*nirl l he in 1iru of lorsl nreollationr Sh#wlclt he 1larl8~%hr unvhlc 18, reach aerrrmrnl on a ioml "Ian. ahr mnllrr rhsll sn,msll! he r c k r r r d 11, ~msart iual rhnlrsli#,n. 'I hr nunor. rill e\chanec Fmvl Offrr* mhlrh mu,! %nlirh the rrctturemcnlr $ 4 lhl\ I m ~ r ~ $ c m e,n\gtr eemtnt and it\ .\#tachmmn. ltorh rrrhance 'hall he effected ~ r i n rto whmt\'ion nf l h r Fins1 t l f f t rs In the .rhitraror. Onrr exrhanced. Final Offerr ma, nnl he chanced. rrrrol our%usnl to the sclo proc~dt l reselu~r lh 1mm~dI~111h)r lon. The Union shall hxve the r iehl to veto Aporoved Tool K i t Item I (incentive and Io r esinrharine oisnr) and not more than one of the other exceed 25% of the value anrihvted to such Item In the Comsanv'r offer. Union must ruh r t i t u t~a nother A ~ ~ r a r eTodo l K i t Item ofthe same value a3 the r t r l t km ilrm. I h r nrhitrnlnr shsll haso authorit, ounl, to .c.lrit i n itr rntirct, either #he Uninn'r or the Cnmosn+'r Final Offer a%m odinrd sur$u.nt to #he $r tn procedure to ..Stohmi'\ien"g. Fullnuinc a hcarinc i n uh i rh nhr oartic, $hall prr,en, oidenrr and arpumm,, in 5uoonn of ,heir rr~rrr#i,wr hmi\\ ,#ln\ andor i n aono\llinn that of the ~t lherp art\. Ihr arhilralnr +hull n~ahr hivhcr \elrrtnnn hart4 on hnrrhrr drttrminalinn lhs l w r h hall he used rr a ma,drl an the doela~smcnol f a new eainrharineplan. he maximum indi\idual bonus i n any eiven Quarter will be 3.0% of the individual's elieible earnines. LETTER 35 - AITACHMENT B STAFFING TARGETED PLANT REDUCTIOS SAVINGS , Fss~tteri l lc 210 S20.680,OOO Gndsden 123 $1 1.562.000 Union City 254 $23,876,000 RulTalo 133 S12.502.000 Dnnrillr 236 S22.184.000 FTPCDOI~ 17 S2.538.000 T o ~ e k s 150 $14.100.000 T ~ l c r 194 S18.236.000 Akron 37 $3.478.000 I.incoln 65 56.1 10.000 Msnrv i l l r 10 $940.000 St M a n s 35 S3.2Y0.000 Sun Pmiric 16 S1.504.000 GRASI) TOTAL 1.500 S141.000.000 LETTER 15 MASTER LETTER 37 Dear Mr. Palm: I>ur#neth e cs,ur\c nf the 2Od.l \I;lrtrr nrcotoatinnr. thr r r ua' conr idr r rh l~ di <,f,hC r l o < i nd~a le. This ~ r a v i d o ins not intended to assly to any trsnractions solely hemcon the A ~ermsnensl hutdown for sir months shall mean that for sir 161 months followine the final rlo3ure date: LL, hurcalnine "ni l uork ha- hren dl\ronllnutd nlhrr than lash- nr.#,c#atcd "0th nhr rhuldomn sf ooerallnn> lncludlne hut not l lmltnl lo rnaintm.nrc nf l h r b ~ i l l t ,a nd srcos~rt,.a nd do\pco\~llonn f ruuzomenl. inn% or work in Droeresr: and Qj the C o m ~ n n 1, ~~ roresslncs ndlor ~ s s l n ea ns a~sl icab l rs hutdown hcnenls under lhe Ishe1 and benefits aereemcnt. Director Global Labor Rclntionr Aerecd: Andrew V. Pnlm LETTER 17 MASTER LETTER 43 Mr. Andrew \'. Pslm Intemstionai Y i r r President of Adminirtrntion United Strclrarkcrs of America Fire Catcwav Center Piltrhureh. PA 15122 Dear Mr. Palm: 1)urine Ihr 2001 I s l r r net##lislubn.. thc L#ll#,n#ncu ndrntandine war rrschcd conrrrnlnz #heU S\\'A C#~od?raInr %titutrF aor Carrer 1 ) o d o ~ m m I . E(lrrli,r .lsnu.n I. 2006. the L'nien and thc Cnnnsan, hcrrC\ rslshti?h Ihr UIH'As(;oodtrar In%titu#fro r Corrrr i ) r ~ r i a ~ ~ ml tmhrt I n~ l i l ~n twr )h ich. in coniunrtlnn u t l h ice, 10, ahc edu~ae~a8n. .",I debcin~mcn"rt I ~ C FmoIo j te~n f thcCnmpun,. inrl~~dincuc~arsdinclhhrinr ~ b ~ kninldl ~ rdar.llnn.l Inti.. The Inscitutc and ICD shall he adminklered in a manner eon i \ i s ~ 0 8 m d a unt, toth~m,, .nior ullicar of #hvC 'aomt>m\. f h r Uniun rrc#rrwnlalitc%. hall inzludr thr lnlrrnal ionrl Pr,,%ident a u l the IS!\ \ $8, h;, dt~iznvv,# he I 'wcw i te !ice- Prc5idcnc thr I n i 8 0 ~ 'H~to hhrr rnd Pla*#i< Indartr) (onfrrenrr. thc Chaw tnf ~ h Lrn ien'. \ru#cia!inc ( aummiltrr ilnd ##nar lhrr ~ n d n i d u r~l l c.~cnatrdh j the Ilnion. -d. The Public Policy Fund rill be financed n follows: m 2.7 cents for each tire sold by the North American Tire Businor, Unit. GI .05% of the revenue eenerrtrd by the Enzincwed Products Division's North American Burinem. -e. Al l activities of the Public Policy Fund shall he suhiecr to ~PP~OI'SIb y the Govrrnine Committee, rror ided that : sdministrrlion. d r l i r e r ~o r im~lementntion.s ubiect to the reasonrble nssroral of the C o m ~ m ,yM embers. GI I n Ihe event the Union does tukr such ssornvcd r~~oons ib i l i t hc Comnrnr shrll fully con~era tew ith the Union or its dcsienee with the rerourtcr rrauired for on,' sdminislration, im~lemenfntiono r delivery for which the Union receives s s ~ r o \ e dre spnnsihilite I. I t i 9 ex~ottedth at B ~ u r l l o nof the Contribution shall. at thc Union's request. be illlorated to the industrv-wide euulition described h~low. P: The ssrties will deuclnr, a reoort form to truck xccrucd ~blieationsa nd ex~ond i tu reon~ a reeulsr basis. -2 Indu9lrr-Wide Activities -h. p induttrv-wide in in l scliviticr ar anreed l o bv the ~ a n i e s .T he Dilrlies wi l l ~on t i nucI n ~ u r s u eo ther aelivilier re~arn te lva r an roo r i a t r . - _ r ntnrnhrr 1tf Lniwn and Cnnn~an jr r o r c ~ ~ c n l ~ #Ih i e~ rH~n.a rd wall he io-rhaorral I s ) the I 'rc\ldmt of the 1 Li\C.\ and a CEO law hi- dcs i~ocrs, clcc~cdIn the pnrlimmi l l r r \hall h s l r one Ill full time 1rsininc r'oor,1,na,ur *h" ulll hr rr\i,aln~il,lc lor cosrcllnnllaln and ~ o ~ r r ~ o~fc Ihet I rsinine Pnnernm lwr hareatnong ,unit r m n l o ~ r e ~ . ' Ihe Trsinine C~rwdinntnrw il l he an rrnnlnvrr rclertrd hv and $er\inc n l Ihr Icmurr of l h r Chaw 01 thr Itninn Sr nfir l in Cornmillrr on f<*nwle,ntionw , , h ,he 1,wt ,1 ,iniun I*rc%cnt,,,',nit chair(<; $8, I ~ C~ l a n l %. shlrcll o thc rmvonahlr anormnl qlf lhc Cornsun,. 'I he I'nnininc C ~ ~ ~ a r ~slh~~nlIl~N $c,a# ~ r~nr~ ~ nin~ ~n~~ccc~al~ r ~ l . ~ n ~ c u i l h ~ t a n d w dIs >calo lanl undrr~tundincs. an occ and r r r> i r r ~ r n f i l ra nd the anlirinated nltril inn ,air., ,,: i : i i i;i.;*:;ii-̂D?. .: !LP I??".'m !" "A I,,"" term futarr. it h r l n ~nr ndcrstood t h a ~t hr study i- p e r P ~ r m ~Sd UIPfIoVr the parmvc of drrrrmining nltril ion rnIer. psIIrrns and trrndr in leehnolo~rn nd futn&e rK1l an etrn~inr t ionu f the nlrnl ' r hsrinew olan, inrludong 18ruiect~dc ~11it.11\ ~ ~ , n t l i noela nnrd or evrcnlial ucu t r r h n n l ~ ~ orurcdurr shall he a r a~r r ra lo b$ thc Plnnt l r l i n ine Commnftrr ~ n l r %t h\ n are vnrhlr I#r,r arh w r h scretrnmt. on uhi rh curt the. shall he dtlerntoncd h\ Ihc srhltrslvr. Aereed: Andrew V. Palm 1.ETTF.R 10 MASTER LETTER 46 Mr. Andrew V. Pnlm lntcrnational Vice President of Administration United steelworker^ of America Five C~~DHPI Ccnttr Pittshureh. PA 15221 1)ear Mr. Palm: D u r i n ~th e 1003 Master nrentiationr. the follnwine underrtnndine was reached enncerninc Emolnvmrnr Sceuri t t -I. l.svoffMinimiznti~nP lan The Cnmnans aerer. t ha ta r io r In imnlemcntlne anv Invoffs. i t shall ~ v i c wsa d diqcu-s with the Union: documentation of thc huninoss nerd for the laroffs (Need): - L numhrr of cmnlnrcrr to he laid off and the duration of the lsvoffs (.Impset): and, c. s nlan drvcnrd r rdurr thc nccd for and Inrl nf In,ce(fr in ~ h rrff e P~CUIL~ cln wrtr snnr i r t td with ror~or.tr mcrhead and r r l ~ r i r ~dc r\onnrl . I h r (aumoan, hxs oru,idrd thr llnllln ui th r~~nfidcntoianlL #rmalinn d r l v i l i nc#hc~ la lT iIn~r l ar ~ofDcrrmhrri1 . 24102 sr.uriatud " ~ l hi t r Yonh American r i r r and \wrth \mericsn F n c i n - ~ r r dP rwiurt\ hu.inr-' Ilnit.. excludine retail onerstions xnd research and ds\elo~men(ts tamnz ~eve l ) . 3. Comssnv Commitment -A. The Com~snva erees to reduce its Staffins Level hv 115% of the tlcrerntaee reduction of bnreninine unit emplovses from their respretivc Ievrlr of Deremher 31. 2002. erelurivc of any net inelcase in the use of contrartorr. ,n*o r,h i n at (othrr I n r x t ~ n n ~n. h o erhorrn ~ n r hht .!nricall fllr mLed ,I, I h r (.#,mDo";.. ""n.C,.rCainine ""8, rmble,ee! -Z.iG thrln%. for: I a, a zrn~uo.a c c r c ~ ~ i ~ eorl r!# crcs$inct a%ward~ oneI l l lo b e I I Aerecd: Andrew V. Palm Drsr Mr. Palm: -I. lntroduetion The oanirn acrre to establish a omfit $harime ~ l n inth e Plsnl. The Company aeretv that i t will rrentr s ornfit rhnrine oool i thr Pool) consistinc of ten mreent (10%) of the combined North Amrrirnn Tire and Sonh Amrrienn Eneinecrrd Products Rusinevs Units' Profits in excess of the Threshold. both an delincd helor. and to dirr uhuw rmo l~n rnmIlr rnninatr\ durinc a Ylrn ,ear dur lo rr l i rrmcnt or r "Ian1 rlo,,t#rr rhsll Dr rnt i l l rd t o n uru rvlo e!iti#n of lhc Pts,8l. Such or0 rat* sajmcnt i\ rakalatrd h.,ed nn theperecnt~ceo f wrrks worked durlne the vrar. L An, Ernolo$~c"h ow c m ~ l u $ m msll rlu. rhrnyr, dunnu s Ylsn \ear due tnla$,Kfor I c~~cn fah .mc%e h ~hlele ntilled l a , a or" rat. v1t10r1 of ,he Pool. Such or0 rat. ~ m m r n1%l rslrulalrd h a 4 u n Bs p e r c m t u e tuf rcrlr5 rorhed dunnr. thr ,car. -d. & F-mnbsee whose emDloPment terminsten durine a Plan vesr - eud 196 -e. An Em~lo jeer h o war not an 'molovee of the Corn~nnvo n Januan. i of n Plan rear. shall be entitled t o n Dro rsla ~ o r t i n nof t h ~Po ol. S U C D~ ~ Ora t. ~ s s r n m ti s cnlrulaled bnsed on the p ~ r c e n t s ~ eroefe ks worked during the rear. -f. prolit shsrinz oool lthe Pool) nr defined In Darnernoh 2. sbara shall hc distributed on the baris of weeks worked hv each pa r t i r i ~andt urine the so~licahleo lnn rear. The calculation shall he as follows: Al l other full time portirioant. a. of Deremher 31 of n articular "Ian w a r 5hnll rerei\e sa5rnent hasrd usnn 52 wrrkr of work. & Adminirtrstlon ofthe Plan n Thc Plan unll hr adminiarrcd It, IheC##rnoano$n accordxnrc n i l h i t \ trrm, nnd the lnrch I J.I.. AI lm Director Global I.ahor Rclntionr Agreed: Andrew \'. Palm LETTER 14 hlASTER LETTER 50 Durine the 2003 Master neeotiationr. the fo l l o~ ineu nderstandine was reached coneermine Neutralih. ?, lntroduetion Ih e l'nmsrn, and the l'nton h;nr d t ~ r l u y r da zl,ninp an, pcrron to wturr ,icnrd au,h"ri,rli,ln card.. -6. If the Union secures a simple maioriw o f individunl authorizstion cards or the emolovc~r in linse.rt. d esrr i~ t ianof bvrcainine unit provided h$ the llnleni the (.uml)dn\ 5hrll rcrl#mi,r the llnlllnt he rhciu5rrigsr~~5m tati.e or such rmsle$re$ wilhsul s 5ecr.t halla,t rlcrlion rvnduttrd b+ the \alinnai Lahor H r l u l ~ n n ~ Hoard. -7. Each authorization cnrd must unambieuourly state that thr sieninz emslovec desires a dcqienatc the Union sr hidhrr ~ r r l u d r t IYDI(IP.IBIIY.. & Emolo,er sien.rurr3 on thr avlh##rlrationc ard, rlil be conliden!iali\ )erilied b) a nkulrai lhird pan, rh"\cn b, the cornran, and the Ilnlnn." F o l l o n i n ~re ceipt or Written Notiliention. the Com~nny may onls communleote to its cm~loyreso n rubirets which directlv or indlrrctlv concern unionizstlon on the issues covered i n the Sofirr set fonh ahore or railed bv other terms of thiv Seutrality Section and condstent with this Section and its r ~ i r iatn d intenl. Emrlnrre Li.1, \Vithin (ire 151 day$ rollowinc \Vrinm Notification. the Cnmpanr shall ~ m \ i d trh e Uninn with a comdete l i ~otf all of its cmnlosccs in the ~ r o ~ o s headre oinine unit who are rlieihlc L r Uninn rrrrr.mlation. Such 119 shall ineltnde each em~ ln r r r ' rf ull name, home sddrevr, inh title and work lo r~ l inn. Upon the comslrtion of the Unit Ilrlrrmination Procedure drrrrihed in Psrncraoh 3ldl13l hrlnw. nn amrndrd lirt will he srovidcd i f thc pmnowd (,nit i r rhnncrd nv n rrvult of such Unit Ilctrrminstinn Procrdurc. l'hcrcnftrr durinr the O r ~ n n i r i nC~sm ~aien. thc Cnmsanv will nrnvidr Ihr Uninn with tmpdstcd l i r tr monthly. nrtrrrninstion n f A ~ r r n s r i r t cu nit -- - In rrrol%inra n! diqllutc n\rr the rropr of the 18nit. the arhitlstor shall s ~ p l yt he ~~r inc is lew$e d hv the National Lllhnr Rr lo t i~~nBso ard. 1)urinz the Orcsnitinc Cnmsoien the Cnmosnr, uoon writtcn rcg%zr~sth. all cmnt rravonahlr arcrw to a well- ~ r a w l c dn ~ n - ~ lo~erotkion to the Union for the ournow @f di~tr ihut ine litrraturr and mcrlinc with and m ~ e f i n ~wsit h ~ m ~ l l o j evh~asll be limited to non- ~ o r akre a. durinc non-nork time. Card CherWUnion Rrcoenition If, at an,' time durinc an Oreanizine Comoaien which follnwr Ihc eri$tcnrc nf 8 suhrtanrini and The neutral shall confldrntiallv cornsare the a ~ t h ~ r i z s t i ocnn rds ruhmittrd by the Union nenin~to rieinsl hsndnritine e r r rn~ la r ro r the entire harrainine unit furnishrd by the bareaininc ourDnver. and lhnt rsrdr wcrc rienrd and dated d u r i n ~th e Oreani8ine Campuizn, then the Corn~nnss hall reeoenirc the Union us ~ n r i d r r a t i o nin Ihc 111nnl'r hirins%crtion srorrrr and will he reouired to ,a!isrv thc normal rclertion srorcn rcouirrrnrnts at the re~sert i \e.Ia n, in order l a attain status. h I n determ~n~nurh rthrr to harr un, rooliranl l r h r l h r r or not p Comllln) \hu 1 refroin l r ~ ~umsln ~.u rn sulcrllnn ~ r o r r d u r c *hich, dorrclh or. lndirrrtl>. naluatr ' as~llnrsntr hmcd ,on their attiluder or behn\lor toward vnions or collective blre.ininc. -5. den nit ion^ end Srnilc ofthi* Aerrrmrnt & Rules with R c l ~ c c t t oA fliliatc$ (jJ An Amllalr %hnll "ran an, hu.Incw mterorlre #hat Ontrnl- . 13 undrr the Cnntml of. or 1. undrr common Cnntrnl wilh (:ond,rxr. ;PC ;:::r=? KnV.) of the eauitv of the mt.mrisc: or (bJ the Dower to dlrert the manaecment and ~ol icles ofsaid cntergri.r. -b. Rulcr With Rewrct to F.rlrtlneAfi3liater The Comoany nerees to cause ni l o f its cristine Aml l~ te rth at nrr covered bv thc orwklonr of PsracrnDh Sn above. to heromr n onrtv to this Srrtion and m .chicle cnm~lianeew ith its erovitions. -e. Ruler with Resoset to Xew Af l i l ia tn The Com~nnsa zrcrr that i t will not consummate a tr.nssetion which would rr5ult i n the Cornoany havlne or ercatlne an A l l i s t e without rnsurine that the New Al l la te . i f rovered bv the ~rovision. of Paraera~h5. above. serecr to and becomes hound hvthir Section. -d. I n the crrnl that an Aftillate Is not itself rneseed in the orrrationr drseribrd i n Paraeraoh 5a ahova but has an A l l l a t e that b eneaecd In such aorrstionr. then such Amliate shall be corered bv all ~ l o v i ~ i o0nf tlh b S P E ~ ~ O ~ . 204 \$ hvrr the Union ir recnenmd oarsuant IS,t he ahwe srocrdurr.. the l i n t ~ ~ l l e c t ibssrr eainine rerrrrncnl soolirahle IS,t he ncn br res in in~ unit will hedrtcrrnincd a- l o l l ~ ~ n r . n. The employer and the Union shall meet within fourteen (14) days following reeogoition to begin negotintionn for a nrst collective bargaining agreement covering the new unit. --- - - - use their best efforts to assist the oariies h rearhine a -e. ~ ~ a c k s z ein terest arbitration ~rocr td inc. Tho interest CYIIPIIIh\a~rp ainine sprrernrn! u ~ l lb r r f in1 ronlrarl bermern thr saniec I he deri9inn r h d l he in ur i l lne and t he r i ~ h Il I I 1ceh iudicial rcl icu of w id award: honor r . each p a r t y rrlain, ahc riahl to srrk itodirial enfnrccmrnl of rand srard. -c. For nnv dlsnute under this Scrtinn and Ihr i n l r r r r l nrbilrntinn procedure dcwribed In Pararraph 6 ahow. Ihc osnirs shrill r h m w the arhilrstor from thc li$t nl .rhltrslnr? d rx r i h rd in Ihr cr inancr orocrdarc of the Caollcrli\r Rsrpninlnz .\~rccmenl. rnnlarlinc them i n the ordrr lorled. and rrlsining the f in1 to indicate an ahilin to honor the timr tahlr .rt forth nhmr fnr thr hrarinrsnd lhcdrrinU SU'A Ltra l r 135s Safe%)m d I lcatth L'omt!rrt Bal l vu.n.n . .n the ub~># e.lnrcv rrtablt\lad t h r r0 ~ l~nlnr i ormll bcxl,v 'Id l h ~JlC" P TCeCa ch ~ member shall oarticioale within thcir r~roectivcd coanment srfetv committees to facilitate the abjccti;er crtablirhcd #4 Memo of understanding The oarties awreo that the oorition of Utilih. will he divided into 2 croups i n p The smolovees will be osrmiusd to Ielret the e r o u t~h at they would like to be Ihr lrsinine rcouirrmentr fnr hnlh ~o i li\n thew drornmcnlr. Emoln~rei\n hnlh ul i i~t,p ruuo, m i l l remdin under the qrmr iob dr'rr~otlnna nd inh rudr. 1)rosnment GO r r a l e ~ w-ill ~DfDor IoIv ertime canvassing. 1h e ~srt ies.1 1 03" of tho. under$tand~nea. ~ r rlro 0ur3ue "far, t r r z v lraininc in caeh of thew srcr. to l v r lhr r enhance iheemrirn 5 anduua l i t~ The oartier aeree thxl the division of these utililv erouos doer not limit the ComDany'J richt to annien ~ e o ~tol eDo sitions in either lob erouo. M.Land C.P. Cooksan President. USWA Locr l 135 Manager. Human Rerovrc~s PLANT RULES Revised September, 1982 Relrrued Augun, 2003 PLANT RULES The purpose ofthese rules and regulations is to define and protect the righe ofall employees and not to restrict the tights of any employees. Violalions of any of any of the fallowing rules or regulations will be suflicient grounds for disciplinary action ranging reprimand lo discharge, depending upon the seriousness of the offense. I) It is each employee's responsibility to contact his Supervisor before returning to work aner an absence due la sickness, injury, vacation, ete.. in order to dctemine his scheduld date and time. 2) Any emplay~cab sent two (2) or more days due to illness or injury must repon lo !he Pint Aid Dcpanment before returning to work. 3) Any cmployce absent one (I) week or more but less than four (4) weeks due to illness or injury must present a return to work certificate from his own doctor to the Fint Aid Depanment before relurning to work. - 4) Any. em.~lo. yc ea bsent four weeks or more (4) weeks or more due to illness or ~njur)m ust present r rcrrrn I., w.nk ccnlfialc frum the,, oun dd;!dr lo lhc Flhl Aid 1)cp~nmcnlb cLrr rclumlng lo uurr In aiJ6l~ont.h e C~mpany J,;lor mur, ;ppr.,ve thr cmp1o)ec rr ph~,lc211yq ur1tfic.d 1.1 rrlum 1.1 w d r l 5 , Kvps>n~na&n abscn;c ~r urJ.ncw - An cmpl~yrrM. IJI~c all I! I~a%Ul~ C - h.lfh~..r 130 tn$nutrme( ~ ! r l ~ o . nugs rnlmrl T~ h~~c~ nr.,;:i~re ~.t. ,eaI.S lr-qZ59 Ir.,nl n 0 0 A M lo 5 (111 Phl and tacall b79. 8279 on nights, weekends, and holidays. Employees must starc m e , department, badge number, reason for absence, and planned date or time of rerum to work. Absence or tardiness not rcponed in accordance with the above will be considered A.W.O.L. 6 ) Irregular attendance by employees is prohibited 7) Excessive and consirtent tardiness is prohibited. 8) Creating or contributing to unsanilary conditions is prohibited. 9) Job assignment - Do the work assigned lo you and follow instructions. Any complaint may be &en up later through the Grievance Procedure. 10) Willful destruction lo properly, materials, or equipment is prohibited I I) Smoking, except in rpeciflcally designated plncen ir prohibited. 12) Unauthorized posting of material on bulletin boards is prohibited. 13) Fighting an the Company.premisen at any time is prohibited. 14) ThcR of property ofemployees or the company is prohibited 15) Porssssion ofor drinking ofliquor or any alcoholic beverage on Company proprry is pmhibitsd. 16) Harassment ofany kind is prohibited. 17) Willful, deliberats or continued violation of, or disregard ofsnfery ruler or common safety practices is prohibited. 18) Failure to adhere to slaning and quilting time regulations is prohibited 19) Failure lo comply with h e provisions oferirting conrract in prohibiled. 20) The unauthorized posrcsrian or rrlc of a dangerous drug is against the law. Possessing. dispensing or using n narcotic, barbirurate, mood ameliorating. mqui l i r ingar hallueinogcnic drug by an employee either on or oflthc Company premise. cnccpt in accordance with medical authorization, is prohibilcd and shall m&c the employee subject to immediate dirchargc. 21) Gambling is prohibited. 22) Punching the time c a d ofanother employee, falrification of lime, production or othcr records constiruler dishonesty and subjects ths cmployec to immediate supcnrion or discharge. 23) Loiteringo" Company propcrtyoulsidc of assigned work houri is prohibited 24) Carrying or pannerring f i r e m , ammunition, or any othcr kinds ofweapons on Company propcrry without spmific Company authoriation is prohibiwd. Employees are required to slay in hei r home dcpanmrnls during rchcduled worlting hours. 25) Employees on: required to swy in !heir home depGmncnu during scheduled working hours. 26) An employee who sulfcn any injury or illness resulting homemployment wi!h Ulc Company, mu1 repon !his condition an soon as possible lo his Supervisor. and in no case lrtcr than theend ofthe shill on which !he injury or illness fin1 weurn. 27) All hourly employees will be required to wcuDunlop picture I.D.'r st all times while on Company pmpcny. 28) No employee shall prcrent h i w l f f ar work during scheduled working houn under !he influence of, or impaired dus to drugs or aleohol. Any employes impaired as defined under thc Company's drug program, as amended hom time to timc. shall be subject to the pmgmm's rcquimcnu, or denying such requimsnrs. rubjocl lo immediate amination. 1 NOTES NOTES NOTES NOTES 2004 11 I2 13 14 15 16 17 I1 I2 13 14 15 16 17 18 19 20 21 22 23 24 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2 - M - T L T - F A I5 16 17 18 19 20 21 22 23 24 25 26 27 28 22 23 24 25 26 27 28 29 30 31 September 7 8 9 10 11 I2 13 5 6 7 14 15 16 17 18 19 20 12 13 14 15 16 17 18 21 22 23 24 25 26 27 19 20 21. 22 23 24 25 28 29 30 31 26 27 28 29 30 10 11 I2 13 14 15 16 I1 I2 13 14 15 16 17 17 18 19 20 21 22 23 24 25 26 27 28 29 3C 2 3 4 7 8 9 10 11 I2 I! 14 I5 16 17 18 19 2C 16 17 18 19 20 21 22 23 24 25 26 27 28 29 21 22 23 24 25 26 2i S-T-W-T-FS S M T W T F - S 6 7 8 9 10 11 12 5 6 7 9 10 11 13 14 15 16 17 18 19 I2 13 14 15 16 17 11 20 21 22 23 24 25 26 19 20 21 22 23 24 25 27 28 29 30 26 27 28 29 30 31 2006 8 9 10 11 12 13 14 2 3 4 9 10 11 I 2 13 14 I5 I5 16 17 18 19 20 21 16 17 18 19 20 21 22 22 23 24 25 26 27 28 23 24 25 26 27 28 29 29 30 31 S-M-TLT-F-S S-M-TWTTU 9 10 11 6 7 8 9 10 1 1 1 2 I 2 13 14 I5 16 17 18 13 14 I5 I 6 17 18 19 19 20 21 22 23 24 25 20 21 22 23 24 25 26 27 28 29 30 31 September SLM_TWTTPPS S-M-TWT-FS 5 6 7 8 9 l o l l 3 4 5 6 7 8 9 12 13 14 I5 16 17 18 10 11 I2 13 14 I5 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 31 24 25 26 27 28 29 30 April October SM-TWT-F-S S-M-TAT-F-S 8 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 26 27 28 November 5 6 7 8 9 1 0 1 1 I 2 13 14 I5 16 17 18 19 20 21 22 23 24 25 I .Tune I December 2 007 January July S M T W T F A I 2 3 4 5 6 7 8 9 10 11 I 2 13 14 I 5 16 17 I 8 19 20 21 21 22 23 24 25 26 27 28 29 30 31 February August -S M - T- W T-F-S 1 SLM-T+- !: 1 1 2- 1. 4 5 6 7 0 9 1 0 5 6 7 8 9 l o l l I 1 I 2 13 14 I5 16 17 I8 19 20 21 22 23 24 25 26 27 28 March S M T W T F S I 2 3 4 5 6 7 8 9 1 0 11 12 13 14 I5 16 17 18 19 20 21 22 2'3 24 25 26 27 28 29 30 31 April 1 October I S M - T A T - F - S 1 2 3 4 5 6 7 8 9 10 11 I 2 13 14 15 16 17 I 8 19 20 21 22 23 24 25 26 27 28 29 30 May November S - M T W T F S S - M - T L T - L S I 2 3 4 5 123 6 7 8 9 10 1 1 1 2 4 5 6 7 8 9 1 0 11 I 2 13 14 IS 16 17 I 8 19 20 21 22 23 24 June December S-M-TLT-F-S 8 " BUFFALO TEAM SAFETY Our safety;,,h ,,.e .g -in.s, with the >.,: 2.:~ comdi,~.fei$xt,~ o~each ' aenvde ry 'j ::':>'..':.:. $ associate t1o; -y:ozrk,\,s afe., ly,,.;;$