Page Collective Bargaining Agreement .........................3 Article 1 Recognition..........................................................4 Article 2 Union Shop..........................................................5 Article 3 Statement of Purpose ..........................................6 Article 4 Representation .................................................6 Article 5 Dues Deduction ...................................................9 Article 6 Management Rights...........................................13 Article 7 Grievance Procedure .........................................15 Article 8 Working Hours ...................................................20 Article 9 Seniority.............................................................22 Article 10 Probationary Employees ....................................25 Article 11 Reduction and Layoffs .......................................26 Article 12 Recall.................................................................30 Article 13 Bidding and Transfers ........................................31 Article 14 Leave of Absence ..............................................45 Article 15 Supervision........................................................47 Article 16 Overtime ............................................................48 Article 17 Health and Safety ..............................................54 Article 18 General..............................................................58 Article 19 Conflicts with Laws or Regulations.....................59 Article 20 Work Standards .................................................60 Article 21 Wages ...............................................................61 Article 22 Bereavement Provisions ....................................64 Article 23 Vacations...........................................................66 Article 24 Holidays.............................................................71 Article 25 Retirement Plan .................................................74 Article 26 Insurance Benefits .............................................74 Article 27 Equality and Non-Discrimination ........................78 Article 28 Waiver ...............................................................79 Article 29 Strike and Lockout .............................................80 Article 30 Duration of Agreement .......................................80
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COLLECTIVE BARGAINING AGREEMENT
THIS AGREEMENT made and concluded in the City of Tiffin, and County of Seneca, and State of Ohio, this 2nd day of June 2021, by and between GRAMMER (hereinafter called the Company) a duly organized corporation, doing business in the City of Tiffin, Ohio, party of the first part, and the INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW, and its Local No. 2021 (hereinafter called the Union.) This Agreement shall be binding upon the Company’s successors, assigns, purchaser, lessees or transferees whether such successions, assignments, or transfers be effected voluntarily or by operation of law; and in the event of the Company’s merger or consolidation with another company or companies, the Agreement shall be binding upon the merged or consolidated company. WITNESSETH: That said Company in consideration of the promises and agreements of said employees herein set forth through their representatives, considering their mutual interests and their desire to stabilize employment, to facilitate the manufacture of the products of said Company in an efficient manner; to establish an orderly procedure for the settlement of
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disputes between the Company and Employees, and to secure a closer and more harmonious relationship between the parties, said promise and agree that;
ARTICLE 1 RECOGNITION
Section 1. The Company shall recognize the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local 2021, as the sole representative of its employees, as certified by N.L.R.B. Case No. 8-RC-10764, for the purpose of collective bargaining. All represented factory employees as referred to in Section 1 of the Company shall, as condition of employment, become members of the said Union after completion of thirty (30) calendar days. Section 2. The Company further agrees to negotiate with the representatives designated by said Union, who may be chosen in any manner determined by its Union, for the purpose of settling any disputes which may arise concerning wages, wage rates, working conditions, hours, dismissals, seniority rights or discriminations and for the settlement of any dispute or grievance which may arise during the operation of this Agreement.
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ARTICLE 2 UNION SHOP
Section 1. All present employees covered by this Agreement shall become members of the Union upon the date of the signing of this Agreement, and all employees hired hereafter shall become members of the Union within thirty (30) calendar days from the date of their employment. The Company shall not retain in its employ in the bargaining unit any non-member employee who fails to apply for membership within thirty (30) calendar day period specified above, or any employee who has been a member at any time during the term of this Agreement and who loses their membership during the term
thereof, through resignation or expulsion for non- payment of periodic dues and initiation fees uniformly
required by the Union as a condition of acquiring or retaining membership. Section 2. The Union agrees to indemnify and hold harmless the Company for any loss of claims for damages, which arise as a result of the Company’s performance of its obligations hereunder, and in the event any action or claim is commenced against the Company to recover any damages, the Union shall intervene and defend such action.
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ARTICLE 3 STATEMENT OF PURPOSE
Section 1. The general purpose of this Agreement is to promote and improve harmonious relations between the Company, its employees and the Union, to the end that maximum benefits will accrue to all parties hereto; and to set forth the wages, hours of work, and other conditions of employment to be observed by the parties hereto. Section 2. Both parties agree to diligently work together to make the Company’s business a success with mutual consideration and fairness to all parties concerned. Management will be guided in its efforts with a sense of justice and fair play. The Union agrees that the Company is entitled to a fair day’s work in return for a fair day’s pay.
ARTICLE 4 REPRESENTATION
Section 1. The employees shall have the right to be represented by a Bargaining Committee of not more
than four (4) members including the Chairperson, Vice- Chairperson, and two (2) Committee Members -at -
Large.
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The Company shall negotiate with the Bargaining Committee as a representative of the Union. Section 2. The Company shall recognize two (2) Shop Stewards for each shift. The Union may designate a Bargaining Committee member to serve as a shop steward. Stewards shall be given adequate time on their shift to conduct business. Section 3. Any employee elected or appointed to office in the International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, Local No. 2021 thereof, or any other office in the UAW shall hold their original seniority rights at the termination of this term of office. Section 4. (a) Bargaining Committee members shall head the seniority list in the plant. In the event of a layoff, they will displace the least senior employee on jobs they are qualified to perform. If less than four (4) employees are
needed in the plant, the Chairperson and Vice- Chairperson shall be considered the most senior.
Members of the Bargaining Committee will be returned to their shift and classification when their seniority permits.
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(b) Stewards shall head the seniority list on their shift and in the event of a layoff, they shall displace the least senior employees on a job, which they are qualified to perform. They will return to their classification when their seniority permits. (c) When the plant is in operation and at least six (6) employees are working on a shift, the Bargaining committee Chairperson shall designate a fill-in steward. Section 5. The Bargaining Committee and/or representatives of the International Union, with notification, will be permitted to enter the plant at any time. Section 6. The Company will provide the Bargaining Committee with space in the plant and equipment to include a desk, a chair and filing cabinet and internet access without access to Company network. The Union will ensure that the space and equipment be used for legitimate Union business. The company will furnish the Union with a bulletin board in the plant on which the Union may post notices. Section 7. It shall be the duty of the Bargaining Committee and the Company to cooperate with the employees in the strict observance of the sections of this agreement, to the end that the initial interests of the
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parties hereto may be promoted and harmony and cooperation may be maintained at all times. Section 8. Members of the Bargaining Committee and Stewards shall receive their regular straight time/overtime earnings when requested by the Company or Union to settle grievances with the Company or employees, or attend contract negotiations and contract administrative issues with the Company, provided that the amount of time spent on such activities is reasonable. Section 9. For a single day meeting between the Company and the Bargaining Committee that lasts longer than four (4) hours, the Bargaining Committee members may flex equal hours or take off next regularly scheduled shift in conjunction with the 24 hour period immediately prior to or after the meeting. Section 10. New member orientation will be conducted by a minimum of one (1) Bargaining Committee Member and one (1) elected Union Officer.
ARTICLE 5 DUES DEDUCTION
Section 1. The Company agrees to deduct the monthly dues of employees subject to this Agreement, to the
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extent that such employees have executed the following assignment, authorization and direction. AUTHORIZATION FOR CHECK OFF ON DUES To: ________________________ Date: ___________ I hereby assign to Local Union No. 2021, International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, UAW, from any wages earned or to be earned by me as your employee (in my present or in any future employment by you), such sums as the Financial Officer of said Local Union No. 2021 may certify as dues and owing from me as membership dues, including an initiation or reinstatement fee and monthly dues in such sums as may be established from time to time by said Local Union in accordance with the Constitution of the International Union, UAW, but not less than five dollars ($5.00) monthly. I authorize and direct you to deduct such sums from my pay and remit same to the Union at such times and in such manner as may be agreed upon between you and the Union at any time while this authorization is in effect. This Agreement, authorization and direction shall be irrevocable for the period of one (1) year from the date of delivery hereof to you, or until the termination of the collective agreement between the Company and the Union which is in force at the time of delivery of this
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authorization, whichever occurs sooner; and I agree and direct that this assignment, authorization and direction shall be automatically renewed, and shall be irrevocable for successive periods of one (1) year each or for the period of each succeeding applicable collective agreement between the Company and the Union, whichever shall be shorter, unless written notice is given by me to the Company and the Union not more than twenty (20) days and not less than ten (10) days prior to the expiration of each period of one (1) year, or of each applicable collective agreement between the Company and the Union, whichever occurs sooner. This Authorization is made pursuant to the provisions of Section 302 (c) of the Labor Management Relations Act of 1947 and otherwise. Section 2. All deductions made in accordance with Section 1 thereof, will be made from the payroll the third (3rd) full week of each month in which the employee has been compensated for forty (40) hours or more in that month. Whenever an employee does not have a sufficient amount earned to cover the full deduction, the Company will make a deduction from the payroll the third (3rd) full week of the next month.
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Section 3. The amount of all deductions to be made by the Company pursuant to Section 1 of this article, will be set forth on the written authorization card signed by the employee, as provided in Section 1 of this article. Section 4. Any money deducted normally will be transmitted by check payable to “Local 2021, UAW” the same week in which the deduction is made. Accompanying the check will be a list of all the employees in alphabetical order by last name covered by this Agreement. This list must contain the following information after each name, if applicable: A. The amount of deduction (1 month or more). B. Application fee (separate from dues). C. Employees not subject to check-off (less than 30 days). D. Designation of new hires that month. E. Designation of those terminated or resigned that month. F. Reason for no deduction and date. Section 5. The Union shall indemnify the Company and hold it harmless against any loss of claims for damages resulting from a payment to the Union of any sums deducted under this Article and in the event any action or claim is commenced against the Company to recover
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from it any sums deducted under this Article, the Union shall intervene and defend such action or claim. Section 6. The Company will cooperate with the Union in implementing a voluntary payroll deduction program for employees who desire to participate in the Union’s V-CAP program, the reasonable cost for the implementation of which will be reimbursed to the Company by the International Union. Employees who choose to participate may not enter or withdraw from, or revise their contributions to the program more than once per year.
ARTICLE 6 MANAGEMENT RIGHTS
Except as otherwise specifically provided in this Agreement; the employer has the sole and exclusive right to exercise all the rights and functions of Management. Without limiting the generality of the foregoing as used here, the terms “Rights and Functions of Management” includes: The right to manage this division, to determine the location of the business, including the establishment of new plants or departments, divisions, or subdivisions thereof, and the relocation or closing of plants, departments, divisions or subdivisions thereof; the right to merge or sell the business or any part thereof; the determination of products to be manufactured or sold or services to be rendered or supplied; the determination of
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the size and character of inventories; and determination of fiscal policy, including accounting procedures, prices or goods or services rendered, or supplied and customer relations; the determination of the organization of each production, service, maintenance or distribution department, division, or subdivision or any other production, maintenance, service or distribution unit deemed appropriate by the employer; the right to contract or subcontract production, service, maintenance or distribution work outside the division or Company due to an emergency or when the work force or equipment cannot meet the schedules of our customers; also, to schedule working hours; to establish, modify or change work schedules; to direct the working force, including the right to hire, promote or transfer any employee in this plant, to determine the layout and machinery, equipment and materials to be used in the business; to define and change processes, techniques, methods and means of manufacture, maintenance or distribution, including any changes or adjustments of any machinery or equipment; to establish standards of quality; to define the method and work content of any job; to set levels of workmanship required; to improve production, maintenance, service or distribution methods or facilities; and to change existing methods and facilities, also to select, promote, or transfer employees to supervisory or other managerial positions or to promote outside of the bargaining unit, not to the prejudice of any employee who may wish to decline the promotion or
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transfer, to determine the size of the working force; to allocate and assign work to employees; to set policy affecting the selection and training of employees; to schedule operations and determine the number of duration of shifts; to establish, modify, publish and enforce plant rules and regulations which are fair and reasonable and not in direct conflict with any of the provisions of this agreement subject to the grievance procedure; to determine the amount of supervision necessary; to control the use of plant property, material, machinery, and equipment; to determine property protection measures for the plant.
ARTICLE 7 GRIEVANCE PROCEDURE
Section 1. A grievance shall be defined as any dispute, which may arise between the Company and the Union, or between the Company and an employee, concerning the meaning and application or interpretation of the provisions of the Agreement. The Company shall have ten (10) working days to initiate written disciplinary action against an employee once they have been made aware of the issue. The employee will have ten (10) working days from the time of the written discipline to file a grievance. Upon request and mutual agreement between the Company and Union, an extension of the ten (10) day allowance may be granted.
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Step 1. An employee having a grievance shall request their Steward through the Supervisor. The Supervisor shall get the Steward for the employee as soon as possible and without undue delay. The employee, with their Steward, shall take the grievance up verbally with their Supervisor, who will attempt to adjust the grievance and will give their disposition by the end of their next working day, following the shift on which the grievance is presented. Step 2. (a) When a grievance is not satisfactorily settled in Step 1, it may be appealed to step 2 within three (3) working days. A grievance must be in writing and state the facts on which it is based and the section(s) of the agreement claimed to have been violated. A meeting between two (2) members of the Bargaining Committee and two (2) representatives of the Company may be held to discuss the grievance. Every effort shall be made to resolve the grievance during such meeting. Should the grievance not be resolved, it shall move directly to Step 2. (b) A Step 2 meeting between the Bargaining Committee and the Company may be held. If the Step 2 meeting occurs, the Company shall issue a written Step 2 answer within three (3) working days. If no meeting occurs, the second step answer will be issued
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within three (3) working days. Should the grievance not be resolved at Step 2, it shall move directly to Step 3. Step 3. In the event a satisfactory resolution has not been reached in Step 2, the Chairperson of the Bargaining Committee may, within three (3) working days of Step 2 answer, refer the grievance to a meeting of the Bargaining Committee, International Representatives, and representatives of Management (including the Plant Manager). This meeting is to be held within thirty (30) working days of the disposition given in Step 2. Every effort shall be made to resolve the grievance during such meeting but a written disposition shall be given to the Union (International Representative and Bargaining Committee) within five (5) working days of the 3rd Step meeting. Step 4. If a satisfactory settlement cannot be reached between the parties at Step 3 of the grievance procedure, the Union may, within thirty (30) days from receipt of the Company’s Step 3 answer, make a written request that the grievance be arbitrated according to the rules and regulations of the Federal Mediation and Conciliation Service (FMCS). In either event, the decision of the arbitrator shall be final and binding upon both parties and conclusively settle the dispute.
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The parties shall apply to the FMCS for a panel of seven (7) arbitrators. The arbitrator selected shall be done so according to the rules of the FMCS. If no arbitrator can be agreed on, a second panel will be applied for. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this agreement, nor exercise any responsibility or function for the Company or the Union. Regardless of the outcome of any matter submitted to arbitration, the costs of the arbitrator shall be borne equally by the Company and the Union. Section 2. Any grievance not presented by the employee and Union within the time limits detailed in this Article will be considered as having been waived without precedent. Failure of the Company to respond within the time limits provided in the Article shall advance the grievance to the next step. Section 3. It is mutually agreed that when there is disciplinary action involving suspension or discharge, the Management will notify the shift Steward of such action before the employee is required to leave the plant. The Steward will be permitted to notify one member of the Bargaining Committee. If no grievance is filed in writing within three (3) regular working days of
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such notification, the action taken by the Company shall be considered absolute. Section 4. Working days are defined as Monday through Friday, exclusive of holidays. Absent the word working, days are defined as calendar days. Section 5. Policy grievances, grievances involving suspension or denial of leaves of absence, go directly to the Second Step for hearing. Grievances involving discharges shall go directly to the Third Step for hearing. Section 6. The time limits of the grievance procedure may be extended by a written mutual agreement between the Company and the Union. Section 7. It is agreed that if the Union’s internal appeal procedures or any agency or court decides that an employee’s grievance was improperly withdrawn from the grievance procedure by the Union, the grievance shall be reinstated in the grievance procedure at the step from which it was withdrawn. If such a grievance is arbitrated and decided in the employee’s favor, the Company shall not be required to pay back pay for the period between the withdrawal and the reinstatement of the grievance. This Section can be terminated by either party on thirty (30) days written notice.
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ARTICLE 8 WORKING HOURS
Section 1. The workweek shall be deemed to start on Sunday, 11:00 p.m. When an employee works later than their regular quitting time, such time shall be construed as overtime, subject to the provision in Section 1 of the overtime Article 16. 11:00 p.m. to 7:00 a.m. - 1 st shift 7:00 a.m. to 3:00 p.m. - 2 nd shift 3:00 p.m. to 11:00 p.m. - 3 rd shift
Provided further, that the first hour of the workweek, i.e. 11:00 p.m. Sunday to 12:00 a.m. Monday, shall not be counted as Sunday or weekend work for purposes of the payment of overtime under Article 16. Working days are defined as Monday thru Friday, exclusive of holidays. Absent the word working, days are defined as calendar days. Section 1(b). The working hours of an individual may be flexed by mutual agreement of the Company, the Union and the employee. They will earn their regular hourly wage, plus the shift premium of the shift on which they are working, or their regular shift premium, whichever is greater. They will be eligible for overtime
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after eight (8) hours subject to Article 16, Section 1 of the agreement. Section 2. The hours of the working day shall be divided into ten (10) periods of six (6) minutes for the purpose of computing the pay of the employees on all time clock transactions. Section 3. Due to the nature of the business, relief for all employees will be provided as follows: 1 - 10 minute break in the first part of the shift. 1 - 10 minute break in the second half of the shift. 1 - 20 minute lunch period break. Section 4. (a) Employees called to work or reporting at the regular starting time when they have not been notified the work is not available, shall be assigned to jobs within scheduled or assigned classification and paid at rate for such jobs or sent home and given four (4) hours pay at their regular rate, except due to an act of God or other causes not controlled by the Company (unless the employee volunteers to go home that day and is released by the Company). (b) While employees are utilized as a back up they will not be released from their original classification due to a reduction in workforce. Classifications utilizing back-ups
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will be allowed to be reduced while back-ups are utilized in that classification. Section 5. When a short workweek is scheduled if employees are needed for an unscheduled day, one shift only, they will be recalled by plant-wide classification seniority. If more than one shift is needed, they shall be recalled by shift classification seniority. Regular Stewards on scheduled shift shall head the seniority list. Section 6. When production schedules warrant and the parties have agreed to the implementation of six (6) hour Saturday shifts. Such six (6) hour Saturday shifts will only apply if the following Sunday is not scheduled. The six (6) hour shift would be according to the following schedule:
11 p.m. to 5 a.m. - 1 st shift 5 a.m. to 11 a.m. - 2 nd shift 11 a.m. to 5 p.m. - 3 rd shift
Breaks would be one (1) regular break and one (1) lunch.
ARTICLE 9 SENIORITY
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Section 1. Employees from other GRAMMER facilities shall not, under any condition, have or attain the right to transfer their seniority to the Tiffin GRAMMER facility. It is understood that a GRAMMER employee from a GRAMMER plant may hire into the Tiffin Plant and bring accumulated GRAMMER seniority for the purpose of vacation and any economic benefit that is seniority driven provided the employee has terminated employment with the other GRAMMER plant. Section 2. Company seniority is defined as an employee’s length of continuous service with the Company since the employee’s most recent date of hire. If more than one employee was hired on the same date, clock numbers will be assigned alphabetically by last name and the employee with the lowest clock number shall be most senior. Plant seniority is defined as an employee’s most recent date of hire or transfer date. Section 3. Every employee shall notify the Company in writing of any change of address and telephone number within three (3) workdays. The employee shall receive one copy, one copy will be sent to the Bargaining Committee, and the Company shall retain the original copy. The Company shall be entitled to rely upon the last address and telephone number shown on its record for all purposes.
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Section 4. The seniority list shall be updated quarterly and shall be posted on the bulletin board and a copy given to the Unit Chairperson. Section 5. Employees shall not be removed from the employ of the Company nor lose seniority standing when they are absent on account of disability or sickness, provided the Company and the Bargaining Committee are notified within three (3) work days of such disability or sickness. Section 6. Employees shall be terminated and lose seniority for the following causes: (a) Failure to join and remain in the Union as provided above, (b) Discharge for just cause, (c) Utilizing a leave of absence for purposes other than those stated in the written request or by working another job while on leave without the written approval of the Company and the Bargaining Committee; or obtains a leave of absence by giving false reasons,
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(d) Failure to report for work within three (3) work days after being notified to report in accordance with this Agreement, (e) Voluntarily quitting, (f) When on lay off for three (3) years, (g) Failure to perform work for the Company for three (3) years because of illness/injury. Trial periods for accommodation purposes are considered dead time (up to 30 days).
ARTICLE 10
PROBATIONARY EMPLOYEE
Section 1. New employees shall have no seniority until they have completed their probationary period with the Company for a period of sixty (60) calendar days. The probationary period may be extended by mutual agreement of both parties. Upon successful completion of the probationary period, the seniority will date back to the date of hire, except in the case of layoff and rehire when Section 2 applies. There shall be no seniority among probationary employees and they may be laid off, discharged, or otherwise terminated at the sole
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discretion of the Company. Upon request to the Union, a 30-day extension may be granted. Section 2. Any recalled probationary employee shall accumulate previous days worked toward the completion of their sixty (60) calendar days, and they will have sixty (60) calendar days seniority at the completion of their probationary period. Section 3. New employees shall not be eligible to request leaves during their probationary period. An exception may be granted by the Company to the leave request if circumstances dictate.
ARTICLE 11 REDUCTIONS AND LAYOFFS
Temporary Layoff Section 1. The intent of this agreement is to reduce the mass movement of employees as well as the reassignment of employees from their preferred schedules for brief periods of time. In the event of a temporary interruption of production due to machinery breakdown, a decrease in customer scheduling or other causes beyond the Company’s
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control, the following provision shall apply for a temporary layoff: (a) During the week (Monday – Friday) the company may post a notice when a reduction in force is necessary. Employees reduced from their classification may volunteer to work the Press Operator Classification. Employees must sign the posted list on their shift to work and will be scheduled by seniority on their shift. Off shifts may volunteer to fill any openings not filled by on shift employees, once scheduled the employee must work. If there are not enough volunteers, the company will assign employees by shift and classification to fill production needs. The needs of the classification must be filled first. (b) If work is not available on a particular day requiring that employees be released from work, senior employees within the classification will have the option to leave the plant before junior employees in that classification are released or employees in the affected classification shall have the option of displacing junior employees on the same shift in the press operator classification provided they can perform the work. (c) The Company will designate layoffs by shift and inform the Union of the specific reasons for such a necessity. The Company will post the jobs and
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classifications that shall be reduced for the temporary layoff period at the time the need is determined. The temporary layoff signup shall be posted the week before the temporary layoff goes into effect. For the purpose of this agreement, a temporary layoff shall be defined as at least the balance of one (1) week or on a weekly basis as needed. In cases of emergency, the Company may offer layoff of less than one (1) week with a one (1) day notice. (d) Through a voluntary signup list posted on the break room bulletin board, the most senior employees by shift shall be offered a temporary voluntary layoff by classification for the designated period. Layoff needs not met by volunteers on the shift may be met by shift trade volunteers. The number of employees to be laid off will be determined by management based upon the conditions surrounding the need. When the company is unable to meet the temporary layoff needs by volunteer, the company will lay off in inverse order of plant wide seniority. (e) When business conditions warrant an indefinite layoff that the company anticipates will exceed 30 calendar days, the company may designate the number of jobs to be reduced in inverse order of plant wide seniority.
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(f) Any work hours lost due to forced layoff shall be counted towards hours worked for vacation entitlement. Indefinite Layoffs Section 1. When an indefinite decrease in force is necessary, employees shall be laid off in the inverse order of plant-wide seniority. In all layoffs, the ability to perform the service required shall be a factor in such layoff. This Article does not apply to situations where the hours in a workweek are reduced. Section 2. When an employee is reduced from their classification, they shall have the option of either displacing the employee with less seniority in that classification on a different shift or of displacing an employee with the least seniority in the press operator classification on the same shift provided they have the ability to perform the work. Section 3. As a result of an indefinite layoff in any given classification the employee displaced within their classification shall have the right to stay on the shift that they moved to, provided they have worked at least forty (40) hours on that shift. (a) Employees displaced into the press operator classification shall retain return rights to their regular job
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and shift when their seniority permits for a period of one (1) year. (b) Employees displaced from their regular shift as a result of a reduction or layoff shall have the right to return to regular shift when seniority warrants. (c) Displaced employees will be utilized before the backups on the same shift for the classification to which they have recall rights. For employees who have been displaced for one year, their current position will be considered their bid job. Section 4. When a classification is eliminated permanently, the employee so displaced, shall displace any employee with less seniority whose job they have the ability to perform. This shall become the employee’s permanent classification. Section 5. When the need exists, the Company shall notify the employees and the Bargaining Committee at least five (5) working days prior to a reduction or layoff unless otherwise notified by the customer.
ARTICLE 12 RECALL
Section 1. Employees shall be recalled in the reverse order of layoff provided they have the skill and ability to perform the required work.
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Section 2. When an increase in force is necessary, the Company may recall the employee by phone with a bargaining member as witness and a record kept of all calls, or notify such employees with a certified or registered letter to be sent to the last known address. If the employee has not reported for work for any reason including incorrect contact information within seven (7) working days after the receipt of the notification; all Seniority ceases and a memorandum will be sent to the Chairperson of the Bargaining Committee. In the event such notification is returned to the Company unclaimed no sooner than seven (7) days from mailing, all seniority ceases. A memorandum will be sent to the Chairperson of the Bargaining Committee. Section 3. When an employee returns from a leave of absence or layoff from the plant of more than ninety (90) days, they shall be retrained and shall re-qualify within forty-five (45) days of recall.
ARTICLE 13 BIDDING AND TRANSFERS
Section 1. General Bidding Procedure
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A. All job openings shall be filled through a bid procedure. All bids shall be valid for ninety (90) calendar days. During this ninety (90) day period, jobs will be awarded from this bid. B. All posted bids will state a list of requirements for the jobs, shift and pay and shall be awarded by: (1) On shift backups (2) Within classification (3) Plant wide seniority with the exception of maintenance and die set positions. C. At the time that any opening occurs, the opening will be posted on the shift for three (3) working days prior to awarding the bid. D. All newly created classifications shall be posted by the Company for a period of three (3) working days and filled by qualified bidders based upon plant-wide seniority. All postings will state a list of requirements for the job and the shift. E. All bids will remain in effect until the employee removes their name.
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F. To bid on a posted position; the employee must sign the job bid sheet which will be located on the bid board in the lunchroom. G. Nothing contained in this section shall prevent the Company from temporarily filling a vacancy or from hiring new employees to fill the vacancy if there are no significantly qualified applicants. The Company recognizes that it will normally be able to fill bargaining unit vacancies from within the plant. H. Once awarded the bid; employee will be moved to awarded classification within twenty-one (21) days of award date, unless otherwise mutually agreed upon in writing by employee and Company. Section 2. Maintenance and Die Set Bids Bids will be awarded based upon both seniority and qualifications for Maintenance and Die Setters. If no currently classified employees desire to bid an opening, the job will be awarded on the basis of plant wide seniority and qualifications as indicated under the maintenance enhancement program and passing test scores, which will be established by Management. Seniority will be the determining factor in awarding the bid. Bids for maintenance and die set shall be valid for a ninety (90) calendar day period.
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A. Maintenance Bidding Step 1. Qualified maintenance employees receive first priority when bidding an opening in the classification. If more than one maintenance person bids an opening, the employee with the most seniority will be awarded the bid. Step 2. In order for non-maintenance employees to bid an opening, they must have the required qualifications as outlined in the maintenance enhancement program and received a passing test score. If they do not have the required qualifications as outlined in the maintenance enhancement program, they must bid with the intent of enrolling in the required courses in the next available semester once awarded the bid. The employee with the most seniority and passing test score is awarded the bid. B. Die Set Bidding Step 1. Qualified (fully trained) die set employees receive first priority when bidding an opening in the classification. If more than one die set bids an opening, the employee with the most seniority will be awarded the bid.
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Section 3. Same Position Bid Movement If an employee is awarded a job through bidding and the employee has held the position (through bid or backup bid) within six (6) months of the new award the following will apply: (a.) They will not need to serve a probationary period. (b.) They shall be ineligible to enter another bid until they have served six (6) months on this job. Section 4. Shift to Shift Bid Movement If an employee is awarded a job through bidding, and the employee currently holds the position (through bid or back-up), and the only effect of the bid is to change shift the following will apply: (a.) They will not need to serve a probationary period. Section 5. General Job Bidding To bid on any job an employee must be in good point standing: January- March = 2 attendance points maximum April- September = 4 attendance points maximum October- December = 5 attendance points maximum
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Per the current attendance policy at the time of the contract. A. An employee awarded a job that is not through Section 3 or 4 of this Article, shall serve up to a sixty (60) calendar day probationary period during which the Company shall assess the employee’s ability to perform the job. During this probationary period the following may occur: (1) During this probationary period the employee may “voluntarily” disqualify themselves and return to their prior classification and shift without loss of seniority. An employee who elects to disqualify themselves will not be allowed to bid again in this classification (whether to another shift or a backup position) for a period of 6 months from the date of disqualification. (2) The Company may disqualify and return such employee to their prior classification and/or shift at any time. Such disqualification will preclude the employee from bidding in the classification (whether to another shift or a backup position) for a period of 6 months from the date of disqualification if action was the result of ability, productivity, or inefficiency. Section 6. Bidding While on Leave of Absence
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Employees on leaves of absences will not be able to bid posted job openings unless they will be available to fill jobs within 14 calendar days of the first posting. Employees on medical leave have to provide proper medical documentation of ability to return to work. Section 7. Disqualification after Initial Job Bid Probationary Period A. If an employee is disqualified from a bid job past the 60 calendar day probationary period by themselves or by the Company, they shall be utilized in the press operator classification wherever an opening exists and their seniority allows them to move. Such disqualification will preclude an employee from further bidding or performing the same job (whether on a different shift or back-up) for a period of six (6) months. B. Disqualification Stipulation. When an employee disqualifies themselves from a position (regardless of back-up position or full time, etc.) that person will be replaced as soon as possible, not to exceed 21 calendar days. This applies to any disqualification as discussed in this Article.
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Should an employee decline a bid once it is awarded and never work a day on the bid they are suspended from bidding any position for a period of six (6) months. Section 8. Back-Up Bids To bid on any job an employee must be in good point standing: January- March = 2 attendance points maximum April- September = 4 attendance points maximum October- December = 5 attendance points maximum Per the current attendance policy at the time of the contract. The Company agrees to post and maintain back-up bids for the following classifications: Auditor, Production Handler, Material Handler, S.O., Die Setter, and
Maintenance. Employees shall be awarded these back- up bids based on seniority and the willingness and
ability to perform the work. Back-up bids are shift specific, meaning employees from other shifts are not permitted to bid on back-up bids. Back-up bids may be used to fill temporary openings in the above classifications on the employee’s regular shift (Refer to Article 16, Section 2, Daily Overtime). In the
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event there is more than one employee, on a shift, holding a back-up bid in a classification, the Company shall rotate the back-up assignments on a weekly basis among the employees holding a back-up bid on the shift for that classification. In the event more than one backup is needed on a given shift, rotation order will be followed. Employees shall not be permitted to hold more than one (1) back-up bid at a time. A back-up bid can only be signed by an employee who holds a full-time classification when it results in an increase in pay. Section 9. Transfers (a) Temporary transfers shall be limited to ten (10) working days in a thirty (30) calendar day’s duration for any one employee. Because of unusual circumstances, the ten (10) working day limit may be extended by mutual agreement between the Bargaining Committee and the Company, at this time the Bargaining Committee will be notified. Any employee transferred under this provision shall receive the rate of their previous job or the job they are transferred to, whichever is the greater. (b) All maintenance will be required to work a designated shift during shutdown periods.
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(c) In the event the Company chooses to fill a job by temporary assignment, employees shall be selected in the following order: Back-up bids on the shift. Offer to off shift bid holders. Offer to off shift back-up bid holders. In the event no back-up bids on the shift are available, offer to employees in the press classification, on the affected shift, by seniority and ability. Section 10. Shift Rotation Agreements In an effort to accommodate those employees who have occasional one day needs to change shifts, and at the same time recognizing the production needs of the Company, the parties have agreed to the following provision: (a) Should the situation exist and where the effected employees agree, the Company may consider requests for temporary one (1) day shift rotations within classification and a two (2) day notice is required with supervisor approval.
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(b) An exception to the above would be when two employees have changed shifts for an entire week (Monday through Friday); such shift change may continue through Saturday and Sunday of the same week. (c) An agreement to change shifts cannot result in an employee working two (2) consecutive eight (8) hour shifts. Employees that trade shifts will receive the shift premium for the shift worked. (d) A Fair Trade Agreement may be requested between employees in the same classification on different shifts. The trade may be made up to a maximum of 6 months and will be permitted during periods of layoff. Under this agreement, the employees that trade shifts will get the shift premium for the shift worked. The initiator may request a shift change for up to 6 months per calendar year. Once a time period is mutually agreed upon by both parties, neither party may terminate the agreement for the duration of said agreement, unless mutually agreed upon by both parties. Employees must fill out the Fair Trade Agreement form and post on the bulletin board for 5 working days; or a
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minimum of 24 hours following notification of layoff of the party wishing to post. The Fair Trade Agreement form must be signed by: 1. The Initiator 2. The Trader 3. Shift Stewards 4. Shift Supervisors The initiator is responsible for getting the form signed and turned in to the supervisor. The Supervisor shall be responsible for turning the form into Human Resources. Section 11: Bid Job Positions and Definitions The following are intended to summarize the responsibilities and expectations of the job assignments used by GRAMMER – Tiffin. These duties are not to be construed as a limitation of Management’s right to assign further duties to employees or to make modifications when business needs dictate or operation and efficiency can be improved. Changes to these job duties will be reasonable and will be communicated to affected employees in a timely manner. (a)Maintenance
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Usual and general duties for maintenance are: Troubleshooting and repair of blow molding & injection machines, repair auxiliary equipment, perform preventative maintenance, assist in production, prototype and new part sample runs, perform minor or emergency mold repair, maintain a clean and safe work area, record daily work activity, communicate to supervisor part or equipment concerns, use safety equipment, observe policies & environmental procedures, Lock/Tag/Try, crane operation, tow motor license, startup/ shut down blow molding and injection molding equipment and associated equipment and all other duties as assigned by the Supervisor.
(b)Die Setter Usual and general duties for die setter are: Perform minor emergency mold repair/adjustments including auxiliary equipment, perform mold changes and install associated auxiliary equipment according to check sheets and scheduling, document damaged equipment and tooling through Work order system & communicate to supervisor current requirements and progress, perform preventative maintenance, make minor equipment modifications, assist in production, prototype and new part sample runs, maintain a clean and safe work area during set up and complete cleaning of the work area per 5S standards, record daily work activity, communicate to supervisor part or equipment concerns, use safety equipment, observe policies & environmental procedures, Lock/Tag/Try, crane operation,
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tow motor license, startup/ shut down molding equipment and associated equipment, monitor processes for first hour after machine start up and all other duties as assigned by the Supervisor. (c) Auditor Usual and general duties for auditor are: Spectrophotometer / Color, Gloss & Harmony checks, navigating Color / Gloss databases & data input, use of Instron tensile tester, part measurement using calipers, moisture testing of material, use of Wall thickness gage / Weight scale, proper use of Check Fixtures / Check Fixture gages/Location, use of torque tester, part inspection, filling out pertinent paperwork, certification, red tag and rework procedures, dock audits, observe policies and environmental procedures, incoming inspection and all other duties as assigned by the Supervisor. (d) Material handler Usual and general duties for material handler are: Forklift Training, Lock/Tag/Try Policy and requirements, job change verification sheet and how it is to be completed, control plan - Where to find material and component information, resin/Scrap labeling system - requirements, number/color coding, hopper/Pump controller - Set up, use, and troubleshooting, blow molding loader system - basic set up and operation, care of blenders, grinders and material system, Gaylord dumper operation, colorant and drying resins, recycling and housekeeping, press tear down and set
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up requirements, observe policies and environmental procedures, and all other duties as assigned by the Supervisor. (e) Production handler Usual and general duties for production handler are: Forklift training and license, warehousing, shipping and receiving instructions, labeling knowledge, movement of product (FIFO) within and outside of the facility, observe policies and environmental procedures, moving production in and out of work cells and certification, and all other duties as assigned by the Supervisor. (f) Support Operator Usual and general duties for support operator are: Provide operator break relief, follow operator instructions and process deviations, dispose and/or grind unusable material, maintain clean and safe work areas (assigned presses), follow press card instructions, communicate to supervisor part or equipment concerns, utilize safety equipment, observe policies & environmental procedures, assist in training operators or other S.O.'s., Correctly label prod. & prepare production to be shipped or stored, understand Material/ Production Labeling procedure, maintain dunnage set-up at the assigned workstations and all other duties as assigned by the Supervisor.
ARTICLE 14 LEAVE OF ABSENCE
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Section 1. (a) Employees may apply for and may be granted personal leaves of absences for good cause on any scheduled workday consistent with the Company's operational needs without prejudice to seniority or other rights. Application for leave shall be in writing and shall state the reason for such leave. The Company shall not unnecessarily delay its decision regarding leave requests. (b) Medical leaves of absence will be granted for illness or injury upon presentation of satisfactory medical evidence. Such leaves shall remain in effect for a maximum of 30 days or the length of time indicated by the employee’s physician, whichever is less. Such leaves may be extended for periods of 30 days or less upon presentation of additional satisfactory medical evidence until the employee is recovered and certified able to return to work by the employees' physician. The Company may have an employee examined by the Company physician at Company cost. If the Company physician disagrees with the employee's physician, a mutually selected impartial third physician shall examine the employee and the third physician’s opinion shall be final and binding as of the day it is rendered. The Company shall pay for the examination of the third physician.
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Employees requested by the Company, or their agent, to attend an examination for a work related injury/illness will be paid for their lost wages for a reasonable period of time, providing they are absent from work. Exams requested by the Industrial Commission shall not be reimbursed. Section 2. Local Union Representatives or members who are designated to attend bona fide Union activities will be granted reasonable time off the job to attend such activities consistent with the Company’s operational needs. Two (2) weeks notification must be given to the Company, whenever possible, so that a substitute can be scheduled. Section 3. Military and pregnancy leaves will be granted in accordance with Federal and State law.
ARTICLE 15 SUPERVISION
Section 1. An Employee accepting a job as Supervisor or any other job that is part of Management not covered by this contract between the Union and the Company, for a period up to six (6) months, shall have their
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seniority restored exclusive of the time spent in Management. Section 2. Supervisors or other salaried personnel shall not perform work ordinarily assigned to a member of the bargaining unit except: (1) performance of experimental and development work on production equipment; (2) in the instruction of work methods or procedures; (3) in the performance of necessary work when production difficulties are encountered and schedule can’t be met otherwise to meet customer obligations. It is understood that the above-described work by such Supervisor or other salaried personnel shall be only for the purpose set forth and not for the purpose of displacing direct workers.
ARTICLE 16 OVERTIME
Section 1. (a) Employees will be paid time and one half for over eight (8) hours of work performed in a twenty-four (24) hour period, beginning four hours before the employees regular shift starting time. However, employees required to report prior to their regular Monday shift starting time will be paid at the double time rate, provided they work at least thirty-two (32) hours in that week. The number of hours worked in a twenty-four (24) hour period by any
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individual shall not exceed twelve (12) hours without an eight (8) hour break in between. (b) Time and one-half shall be paid for all hours worked on Saturday. Double time will be paid for all hours
worked on Sunday and holidays. In both cases, thirty- two (32) hours must have previously been worked to
qualify unless on an approved Union leave.
(c) All hours worked over 48 hours will be paid at double- time rate.
(d) When an employee is not offered work as a result of a short workweek, or volunteers to go home as a result of lack of work, the hours not available will be counted towards the thirty-two (32) hour rule. Employees electing not to report to work (other than an act of God), are not credited towards the thirty-two (32) hour rule. (e) The company will assign a union designated bargaining unit member, when available to make overtime calls. Section 2. Daily Overtime. When the need exists to work overtime the Company will offer such overtime to the employees regularly assigned to the affected classification on the preceding and succeeding shifts. The most senior shall be given the first opportunity to volunteer for the overtime and then the next most senior and so forth until the need is filled. Volunteers for daily overtime may be taken from the signup sheet. Once scheduled/posted the employees must work.
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Operator Classification Overtime 1. Voluntary Operators - other shifts 2. Other classification volunteers - other shifts
Die Setter, Maintenance, Auditor, Production Handler/ Material Handler, and Support Operator Overtime 1. Within classification volunteers - other shifts 2. Back-ups - from other shifts (after all on shift backups have been utilized) 3. Qualified (as determined by Management) volunteers - from the shift. 4. Qualified (as determined by Management) volunteers - other shifts Section 3. Saturday Overtime (a) When the need exists to work Saturday overtime the Company will post a list for voluntary sign up by Wednesday, unless customer requirements necessitate a later posting. The most senior employee in the classification on the shift shall be given the first opportunity to volunteer for the overtime, the next most senior and so forth until the need is filled. Once scheduled/posted the employees must work. Classification needs will be met in the following order:
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Operator Classification Overtime Sequence 1. Voluntary Operators - on shift 2. Other Classification Volunteers – on shift 3. Invoke Mandatory Overtime 4. Refer to Section 2 Daily “Overtime” (b) Employees holding back-up positions may volunteer to work Saturday in their bid back-up classifications as long as no employees with higher on shift seniority have been scheduled (mandated) in their original bid classification. In this case, employees in the full time classification will be marked blank. Example: An Operator may volunteer and be scheduled as a Production Handler as long as no Operators with higher seniority have been scheduled on their shift. Regarding weekend and Holiday overtime, the most senior backup will have the first opportunity and so forth. (c) If employee is scheduled to work on Saturday and not needed after reporting, the day will be counted as a Saturday worked. Die Setter, Maintenance, Auditor, Production Handler/ Material Handler, and Support Operator Overtime Sequence 1. Within classification volunteers - on shift 2. Voluntary back-ups - from the shift 3. Invoke Mandatory Overtime
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4. Refer to section 2 “Daily Overtime” 5. Out of classification qualified (as determined by Management) volunteers - from the shift 6. Out of classification qualified (as determined by Management) volunteers – from other shifts (d) The Company will have the opportunity to fill Saturday overtime needs, not filled by within shift volunteers, by scheduling mandatory overtime, provided such scheduling is done during the first four (4) hours of the shift on Thursday unless production requirements do not permit. Mandatory overtime will be scheduled in reverse order of seniority, however, no employee may be required to work more than three (3) out of four (4) consecutive production Saturdays. (e) To ensure a consistent practice, when the production schedule is reduced, senior employees within the classification who are mandated to work overtime will have the option to leave the plant before volunteer employees are released. (f) Employees must work the scheduled overtime in order to receive credit towards the three (3) out of four (4) Saturday requirement. When voluntary overtime is sufficient to meet production needs, employees not scheduled will be counted as blank for Saturday in question. When voluntary overtime is not sufficient to
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meet production needs and any employee is mandated to work, all employees not working will be counted off. (g) Each employee (on a first come first serve basis) will have the opportunity to schedule one Free Pass Saturday off five (5) times per calendar year (limited to five (5) employees per shift) that will count as a Saturday worked. Requests must be made no sooner than two (2) calendar months and no later than seven (7) days prior to Saturday pass and cannot be canceled after seven (7) days or less prior to Saturday pass. Once scheduled, the employee cannot be bumped out by a more senior employee. Sunday/Holiday Overtime (a) No employee shall be required to work mandatory overtime on a Sunday. All Sunday and holiday overtime will be scheduled on a voluntary basis. (b) All classifications will be scheduled in seniority order by shift until the needs of each shift have been met. (c) Those who have volunteered to work but were not scheduled may volunteer to work on another shift providing that their seniority permits and they have met the 8-hour rest
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period break between their shift last worked and the shift requested.
ARTICLE 17 HEALTH AND SAFETY
Section 1. The Company shall maintain all machinery in a condition that will not jeopardize the life or health of employees. Where an employee or group of employees are of the opinion that a condition violates this Section, he or they shall file a grievance as hereinbefore provided, unless such condition is grave enough to require immediate action, and it shall be referred to a Management Health & Safety Representative and a Union Health & Safety Committee Representative for determination. Section 2. Management Union Health & Safety Committee. A joint Management/Union Health & Safety Committee is hereby established, consisting of members designated by Management and six (6) members designated by Union Chairperson (two [2] per shift). The Union shall also name one alternate member of each shift to serve in the event one of the regular members is absent. The Committee shall meet monthly and the times of the meeting shall alternate among shifts. A safety inspection by two (2) Management Health & Safety Committee members and two (2) Union
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Health & Safety Committee members shall occur in conjunction with said Safety Committee meeting. The time and frequency of the meeting and of the inspections may be changed by mutual agreement. In the event of an accident/incident, a member of the safety committee shall be notified and assist the shift supervisor in the investigation of said accident/incident. The Company agrees to pay the Union Health and Safety Representatives their regular earnings to attend these meetings. Committee members will have the ability to flex hours to accommodate meetings or be paid overtime if working outside of regular shift. Section 3. In the event safety equipment is mandatory for certain jobs, the Company agrees to bear the expense of items concerned, as follows: (a) Safety glasses are issued to the employees at time of hire. (b) Ear muffs or earplugs are to be used, supplied by the Company in areas designated by the Company. (c) Gloves and arm guards for operators, where needed, are furnished by the Company.
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(d) It is the responsibility of the employee to use safety equipment where required by the Company. (e) Protective finger tape. (f) Cloth and/or disposable masks, safety vests, and winter coveralls as classification dictates necessity. Section 4. (a) Management will continue the present practice for the acquiring of prescription glasses for new employees. For employees who have completed the probationary period, Management will replace safety prescription glasses in the event that the employee’s eye prescription changes or, if in the course of performance of their job duties, the employee’s glasses are broken or otherwise rendered unusable. The cost of a safety glass purchase per occurrence shall not exceed $200.00. (b) The Company will reimburse Maintenance and Die Setters $200.00 for boots and $150.00 for tools required to complete job related duties upon presentation of receipt per calendar year. The Company will reimburse Material Handlers $200.00 for boots upon presentation of receipt per calendar year. (c) The Company agrees to provide uniforms, and cleaning of same, for all Maintenance/Die Setter employees.
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Section 5. The Company will supply a clean and sanitary First Aid Room, which will be supplied and located in a suitable place. Section 6. The Bargaining Committee will be given one (1) copy of each accident report, signed by employee and the Supervisor. Section 7. The Company shall provide adequate restroom facilities and maintain such in a clean and sanitary condition. Section 8. In the event of imminent danger, defined as “any conditions or practices which are such that danger exists which could reasonably be expected to cause death or serious physical harm” or as subsequently defined by federal statutes pursuant to the Occupational Safety and Health Act, it is understood that Management will take immediate action to resolve such imminent danger. Any employee or group of employees who believes that they are being required to work under conditions which are unsafe or unhealthy beyond the normal hazard inherent in the operation in question, shall have the right to file a grievance in accordance with the grievance procedure as set forth in this Agreement. Such grievance shall be processed immediately to Step Two (2) of the procedure.
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ARTICLE 18 GENERAL
Section 1. Summer Help. In an effort to provide more employees an opportunity to take vacation during summer months, it is agreed that if production levels warrant, Management will hire a summer work force to supplement the current workforce. The summer employees would serve a maximum of 92 calendar days during the months of May through September 30, and would be paid at a rate equal to the new hire rate for the press operator classification, minus $.50 for the first thirty (30) calendar days and the entry level hiring rate for the press operator position thereafter. They would not be covered by the Collective Bargaining Agreement, and time worked under the summer Agreement would only count up to a maximum of thirty (30) days toward their probationary period if hired full time from last day worked within ninety (90) days. Summer employees may be discharged, laid off or transferred at the discretion of the Company and have no recall rights under the provision of this contract. Section 2. The Company agrees to provide (pocket size) copies of the Collective Bargaining Agreement to
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bargaining unit members and the Union’s International Representative. Section 3. The Company and Union will administer the Canteen Fund for the equal benefit of all employees. The Union shall receive a copy of the Canteen Fund Report upon request. A committee consisting of six (6) Union and three (3) company employees shall meet upon request. Section 4. Effective June 7, 2012, all new employees must have their paychecks Direct Deposited. Section 5. The Company agrees to present $250.00 via direct deposit to any employee with perfect attendance for each half of the year from January through June and July through December.
ARTICLE 19
CONFLICTS WITH LAWS OR REGULATIONS
If any provisions of this Agreement shall be held invalid or in conflict with any federal or state law, the remainder of the contract shall not be affected hereby and the
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Company and the Union will negotiate necessary revisions in the contract to bring it into compliance with applicable provisions of the law. It is the express intent of the parties to this Agreement that it shall not be interpreted in such a manner as to cause to constitute a violation of P1-88-31 known as the Equal Pay Act of 1963 or Title VII of PL-88-352 known as the Equal Employment Act of 1964. The Company and the Union recognize their obligation to comply with ADA and FMLA.
ARTICLE 20 WORK STANDARDS
When the Company establishes work standards, it shall do so on the basis of fairness and equity, in that such standards shall be based on the reasonable working capacities of normal experienced employees working at a normal pace to produce quality work in the manner that the Company prescribes. When a work standard is established, a representative number of employees on the job shall be consulted as to the operation of the job; such standard shall remain unchanged unless and until the operation is changed as a result of change in method, work content, layout, equipment or materials.
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When a standard is not established, an employee who is following the prescribed method and performing at a normal pace will not be disciplined for failure to work at an above normal pace.
ARTICLE 21 WAGES
Section 1. Effective June 2, 2021, 2022, and 2023 all Operators, Support Operators, Production Handlers, Material Handlers, and Auditors will be paid an increase of .50¢ per hour. In the event that an employee returns to the operator class, their former wage rate will apply. Section 2. After the signing of this Agreement, no increase will be granted to any employees in the bargaining unit, unless the same rate of increase is granted to all employees in the same class and type of service in the plant, except by permission of the Bargaining Committee. Section 3. Whenever employees are needed for inventory purposes, such employees shall receive their regular rate of pay.
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Section 4. Employees working 11-7 (1st shift) and 3-11 (3rd shift) shall be paid .25¢ per hour over the rate of the day worker, 7- 3 (2nd shift). Section 5. An employee who suffers a plant injury and requires outside medical attention, will receive pay for lost time during regular scheduled shift (on the day of the injury only). Section 6. Firemen who are called to duty or EMT’s on a run prior to shift will be paid the difference between their regular shift pay and what they are paid by their department or organization. Section 7. Employees called for jury duty will be paid the difference between their regular shift pay and jury duty pay, providing they show proof. Employees released from duty at a time that would permit the employee to work at least four (4) hours will be required to do so. A reasonable period of time will be considered for travel and for personal needs. The schedule of wages to be paid to employees covered by this Agreement is as follows:
Maintenance C 19.25 20.25 21.25 Maintenance C1 19.65 20.65 21.65 Maintenance B 20.50 21.50 22.50 Maintenance B1 21.50 22.50 23.50
Maintenance A 22.25 23.25 24.25 Maintenance A1 23.25 24.25 25.25 Die Setter 19.25 20.25 21.25
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Operators
JUNE 2, JUNE 2, JUNE 2
2021 2022 2023
New Hire Starting Rate 14.70 15.20 15.70
6 months – From Date Of Hire 14.70 15.20 15.70 1 year 14.70 15.20 15.70 2 years 15.45 15.95 16.45 3 years 16.40 16.90 17.40 4 years 17.45 17.95 18.45
ARTICLE 22 BEREAVEMENT PROVISIONS
Section 1. An active seniority employee who suffers a death in the employee’s immediate family may receive up to: Five (5) workdays off with pay for the following covered members: life partner, parent, and child. Three (3) workdays off with pay for the following covered members: stepparent, parent of current spouse,
spouse’s stepparents and spouse’s grandparents. One (1) day, the day of the funeral, will be paid for an aunt, uncle, niece or nephew of the employee.
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In cases where the funeral is delayed, an employee may take two (2) days immediately following the date of death and postpone one (1) day for the purposes of attending a funeral when such funeral is held. Section 2. Eligibility of Benefit (a) Employees who have not completed their probationary period may receive time off in the event of a death in the immediate family as covered in Section 1, but will not receive pay for time off. (b) Employees who are on leave of absence or layoff status are not eligible for this benefit as they have not lost wages and were not scheduled to work. Section 3. Receipt of Benefit Pay Regular straight time pay will be granted only for those regular scheduled work days which occur between and including the day of death and up to two (2) calendar days after the funeral, and accordingly, may involve reimbursement for less than three (3) days. Appropriate documentation (bereavement form) must be submitted to the Company before the benefit can be approved to be paid. Section 4. When an employee’s bereavement day falls on a Friday, they shall be exempt from previously scheduled overtime work. Bereavement days shall be counted as qualifying for holiday pay.
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Section 5. Employees may request additional days off without pay; such request is subject to management approval and will not be subject to the provisions of the attendance policy when approved. Employees may also request time off, without pay, to attend a funeral of other relatives not mentioned in this article, provided the Company has been given advanced notice. (The Company has the right of final determination and the right to see appropriate documentation).
ARTICLE 23 VACATIONS
Section 1. An employee’s amount of vacation eligibility shall be based on the employee’s Company hiring date and year and 1400 hours worked (which will include Vacation and Holiday Hours) as of December 31 of each year for the preceding twelve (12) months. 160 hours of S&A (provided the S&A occurred while actively employed) will count towards the 1400-hour requirement. 480 hours of documented work related injury will count towards the 1400 hour requirement. In order to provide some vacation for new employees, employees laid off the previous year or absent for any approved reason, the Company will grant vacation on a pro-rated basis of one-fifth (1/5) of their normal vacation
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for each 280 hours worked the previous year (not to exceed the amount of their normal vacation). New employees will be eligible for one (1) vacation day per 280 hours worked, not to exceed 5 days in the first year of employment. First year employees who satisfy the number of work hours will become eligible for the remainder of their vacation on their anniversary date. Length of Seniority Vacation Vacation Pay
1 year 5 days 40 hours 2 years 8 days 64 hours 3 years 10 days 80 hours 5 years 12 days 96 hours 7 years 15 days 120 hours 10 years 17 days 136 hours 14 years 20 days 160 hours 17 years 23 days 184 hours 20 years 25 days 200 hours 22 years 26 days 208 hours
(Effective January 1, 2022) Section 2. The vacation period shall be January 1 to December 31 of each year. All vacation time will be paid at the rate of forty (40) hours of straight time pay for their regular classification. Vacation time may be taken Monday through Saturday, provided such request is submitted prior to the scheduling of that Saturday.
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Section 3. Scheduling of Vacations (a) Management will authorize vacation requests in a way as to not jeopardize business requirements. The Company will attempt to permit additional vacation allotments during the summer months. If vacation schedules are fully utilized, the request will be disapproved. Employees are responsible for tracking vacation day usage and should a day be taken in error of the policy, the appropriate attendance charge will be made and correction of payroll processed. (b) In scheduling vacations, the Company maintains precedence in that an ample number of employees are available at all times. When business conditions warrant, the Company shall provide at least eleven (11) employees per shift the opportunity to take vacation (of these eleven (11), no more than one (1) Maintenance, one (1) Auditor, one (1) Die Setter, one (1) Production Handler, one(1) Material Handler, five (5) Operators, and one (1) Support Operator classified employee can be included). Management will notify the Union when any reductions to the vacation approval procedure are warranted which includes either increasing or decreasing the number of vacation slots allotted. (c) Vacations are scheduled with the following notice: Less than one week/single day or a half (1⁄2) day vacation requests cannot be scheduled more than two (2) calendar months in advance of day(s) requested off.
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Three (3) vacation days per year can be taken in six (6) four (4) hour segments. (d) Employees who apply for vacation time and receive approval cannot later be bumped out of the vacation by a more senior employee. (e) If an employee is absent due to bereavement as provided for in this Agreement, or approved leave for illness or injury at the time their vacation is scheduled, they may postpone their vacation to a later date within the vacation year by notifying the Company in advance of such. (f) After a vacation has been approved, if an employee is involuntarily moved to a different shift, they may cancel the vacation with a forty-eight (48) hour notice in writing to the Company. (g) An employee approved prior to the Saturday schedule for a Friday vacation or a 1⁄2 day vacation in the second half of the shift on Friday, will not be required to work the Saturday following the Friday vacation. (h) An employee approved for a Thursday vacation prior to a Friday holiday will not be required to work the Saturday following the vacation. (i) An employee may cancel a full week of scheduled vacation upon forty-eight (48) hours’ notice to the Company. Vacation days scheduled on non-production or non-scheduled working days, may not be canceled or rescheduled, if the employee has received pay for those days.
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Section 4. Receipt of Vacation Pay (a) Employees may not receive their vacation pay in advance if the payroll has been completed for that week. If the vacation pay has already been processed, the employee will not be allowed to cancel that vacation pay, but shall be allowed to schedule the time off at a later date, provided vacation openings are available. Only a full week of vacation may be paid in advance. All other vacation time will be paid as taken in that pay period week. (b) Employees are not permitted to carry over unused vacation from one year to the next. Any unused vacation will be paid automatically on the last pay period in December. (c) If an employee dies, their beneficiary or estate shall receive the remainder of vacation pay entitled to the employee for that vacation calendar year. (d) Total vacation credits accrued but not taken during the year of any employee’s retirement, resignation or termination of employment will be paid to the employee at the regular base rate provided the employee has completed one (1) year of service with the Company. (e) Regarding Union leave/vacation pay: An employee who otherwise would be eligible for vacation, but for time spent on Union leave, nonetheless will receive their vacation.
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Section 5. Other
(a) Vacation requests cannot be submitted any earlier than November 1st for the upcoming new vacation year. Section 6. Vacation Buyout (a) With written notification to payroll, employees may buyout full vacation weeks in-lieu-of time off. A full week buyout will count towards section 3(c) of this article. Section 7: (a) All employees that have completed the probationary period will receive three (3) paid personal days per calendar year. These days may not be unreasonably denied. A personal day taken on a Friday shall apply to Saturday scheduling (Reference Article 23 Section 3(g)). Any unused personal days at the end of the calendar year shall follow Article 23 Section 4(b). (Effective June 2, 2021).
ARTICLE 24 HOLIDAYS
Section 1. The Company provides employees who meet the eligibility requirements with twelve (12) paid holidays. The holidays are as follows: New Year’s Day Thanksgiving Day Good Friday Day after Thanksgiving
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Memorial Day Christmas Eve Day Independence Day Christmas Day Labor Day New Year’s Eve Day Two Floating Holidays (determined by the Company) Section 2. Qualifying Requirements (a) Eligibility for holiday pay requires that an employee has completed at least forty-five (45) working days of their probationary period prior to the holiday. The employee must have worked the last scheduled workday prior to and the next scheduled workday after such holiday within the employees regularly scheduled workweek. However, employees will be allowed up to one half hour for tardiness without affecting their holiday pay. Employees on vacation the day before or after the holiday will also receive holiday pay. (b) An absence of two, but not more than five (5) workdays before the holiday, with a medical statement for an employee’s medical condition, shall qualify the employee for holiday pay. An absence of two (2) or more days immediately following the holiday with a medical statement for an employee’s medical condition shall qualify the employee for holiday pay. (c) An employee on other types of leaves, with the exception of bereavement, jury duty, and union leave, will not qualify to receive holiday pay.
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(d) Employees shall receive holiday pay for any holiday that falls within the first ten (10) working days of a layoff. In the event an employee is placed on layoff status effective the first day after a holiday, they shall also be eligible for holiday pay. Section 3. Receipt of Holiday Pay (a) Employees eligible for holiday pay under this Article shall receive eight (8) hours pay at their regular straight time hourly rate. If an employee works on any holiday, they will receive holiday pay plus double time. (b) Employees who have accepted holiday work assignments and then fail to report and perform such work without reasonable cause, shall not receive pay for the holiday. Section 4. Observance of Holiday When a holiday falls on the weekend, Saturday holidays will be observed on Friday and Sunday holidays will be observed on Monday. Eligible employees will be paid for such holiday(s) when mutually agreed upon by the Bargaining Committee and the Company. The Company will notify the Union prior to holiday observances being posted. Should the company or the union express an interest in observing a holiday other than as stated above, the parties will meet to discuss in advance in order to properly/timely notify the membership.
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ARTICLE 25 RETIREMENT PLAN
Section 1. The parties have agreed upon the terms of a 401(k) Plan which became effective December 1, 1990; the terms and conditions of which are contained in the plan documents to which reference is hereby made. A summary booklet will be provided to each employee describing the plan. This Plan will provide for a $.50 Company match for each $1.00 of an employee’s contribution, but such Company matching contributions will not be made on employee contributions that exceed six (6) percent of an employee’s gross weekly compensation.
ARTICLE 26 INSURANCE BENEFITS
Section 1. The Company will provide medical benefits with the health plan provider of its choice. The Company will offer benefits to employees through a managed care product. The specific terms of which are covered in the benefits summary and booklet (subject to plan design changes annually) to which reference is hereby made. This benefit is to all employees who have completed their probationary period.
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The medical benefits remain paid by the Company (75%), offset by employee cost share of (25%). The deductibles and out of pocket, maximums are for the PPO Plus plan:
Single Family Annual In Network Deductible $500 $1000 Annual Out of Network Deductible $1000 $2000 Annual In Network Out-of-Pocket $3500 $7000 Annual Out-of Network Out-of-Pocket $7,000 $14,000 Employees will be eligible to enroll in a High Deductible Health Plan (HDHP). The premiums will be set at 5% for single, 5% for employee plus one, and 10% for family
coverage. This is a managed care plan (PPO) with in- network discounts that has a higher deductible. All
covered benefits, including prescription drugs, apply to the deductible. After the deductible is met, the plan has an 80/20 cost share (co-insurance) where the employee pays 20% up to an additional $2000 in-network for single and $4000 in-network for family. Preventative care is covered at 100% with no deductible. The HDHP is subject to the following deductibles and out-of-pocket limits:
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Single Family Annual In Network Deductible $2000 $4000 Annual Out of Network Deductible $4000 $8,000 Annual In Network Out-of-Pocket $4,000 $8,000 Annual Out-of Network Out-of-Pocket $8,000 $16,000 Employees who elect to change from the PPO to the HDHP will be able to transfer year to date deductibles but will not be able to transfer co-insurance (90/10) paid year to date (IRS regulations). Employees with FSA balances will also have to wait until Open Enrollment for 2022 coverage year. The Company will also offer employees who choose the HDHP the opportunity to contribute to a health savings account (HSA) to set aside pre-tax dollars to fund medical expenses. A. On January 1, 2010 the Company will be adopting new enrollment eligibility requirements for employee spouses. If an employee’s spouse is employed and eligible for medical benefits from their employer, they will be required to enroll in that employer’s plan prior to being enrolled in GRAMMER’S medical benefits as a secondary insurance plan. Should the spouse be required to pay more than 30% of their employer’s cost
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for a single premium, the spouse will be allowed to enroll in the GRAMMER medical benefits. Section 2. Prescription Drug Program The Company shall provide a prescription drug program as part of the medical plans. Generic drugs will be mandated when available. Refer to the summary plan description for additional information. The Company will also provide a mail order drug program which provides a 90-day drug supply with the same deductibles as above. Section 3. Life Insurance/ STD Benefits The Company shall also provide, at no expense to the employees who have completed their probationary period, life insurance and STD benefits. The Company shall be required to provide STD checks in a reasonable and timely manner. Life insurance and STD are as follows: $40,000 effective January 1, 2022. STD Sickness & Accident Benefits: 50% of base rate for the length of the contract. STD benefits are payable for a maximum of twenty-six (26) weeks.
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Section 4. Flexible Spending Account. Once each year employees will be given the opportunity to sign up to have weekly, pre-tax deductions from their paychecks for a flexible spending account. Section 5. Employee Insurance Contributions (a) Employees, including those on leave of absence, are responsible for keeping their insurance contributions current. Employees failing to make monthly insurance contributions will be sent one registered letter reminding them of the amount that is due. Should no payment be made within seven (7) days, the coverage will be dropped and COBRA notification letter will be mailed. (b) Insurance premiums will be paid by the Company, less the employee contribution for the period of eight weeks after separation due to lack of work, provided employee keeps their contribution current and is not more than seven (7) days delinquent as outlined in Section 5(a) above. Employees on layoff are not eligible for S & A insurance coverage. (c) Employees medical leave longer than twenty-six (26) weeks, will not be eligible for insurance, if their leave extends longer than that period.
ARTICLE 27
EQUALITY AND NON-DISCRIMINATION
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The provisions of this Agreement shall apply to all employees covered by this agreement, without discrimination on account of race, color, national origin, marital status, sex, creed, age, or disability, or veteran status, or sexual orientation. References to persons or positions in this Agreement shall be deemed to include masculine, feminine and non-binary gender.
ARTICLE 28 WAIVER
By this agreement, the Company and the Union have set forth herein all the Agreements between them with respect to rate of pay, salaries, hours of employment, or other conditions of employment of employees covered hereby. It is also acknowledged that during the negotiations which resulted in this Agreement, each party had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by Law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in the Agreement. Therefore, the Company and the Union for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with
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respect to any subject or matter referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.
ARTICLE 29 STRIKE AND LOCKOUT
The Company agrees that during the term of this Agreement it will not lock out any of its employees, and the Union agrees that during the term of this Agreement it will not authorize, nor will it or any of its members cause, promote, instigate, or take part in any strikes (including sympathy strikes), work stoppage, slowdown, picketing, or willful interference of the Company's work schedule, and it is agreed that any employee who engages in, organizes, leads, encourages, or promotes any action contrary to the foregoing provisions will be subject to disciplinary action up to and including discharge by the Company.
ARTICLE 30 DURATION OF AGREEMENT
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This Agreement shall continue in full force and effect until June 1, 2024, and thereafter as provided for in this Article. Should either party decide to terminate this Agreement on or after the above date, said party shall give sixty (60) days written notice of such desire to the other party. Upon the expiration of the said sixty (60) day written notice or the above date, whichever occurs later, this Agreement shall be terminated unless this Agreement is extended by mutual agreement of the parties hereto. Should either party desire to modify, alter, or amend this Agreement on or after the above date, said party shall give sixty (60) days written notice of such desire to the other party. In the event such notice has been served and negotiations for a new Agreement are not completed by the expiration date of said sixty (60) day notice or the above termination date, whichever occurs later, this Agreement shall nevertheless continue in full force and effect until a new Agreement is signed, unless the original notifying party gives the other party written notice to terminate said Agreement, which shall not be earlier than twenty-four (24) hours from the receipt of said notice. Any such notice of termination shall state the date upon which the termination of this Agreement shall be effective and upon such date this Agreement shall terminate. In WITNESS WHEREOF: The parties have hereunto set their hands to duplicate hereof the day and year first above written. (A signed signature page is on file.)
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Rich Crayon International Representative Mark Dickinson V.P. Human Resources Josh Schleter
