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Collective Bargaining Agreement
AAA and LOCAL 8-149 OIL, CHEMICAL, and ATOMIC WORKERS
INTERNATIONAL UNION EFFECTIVE - _________,_________,_________(M/D/Y)
EXPIRES - _________,_________,_________(M/D/Y) AAA, BBB
UNION, LOCAL 8-149 AFL-CIO COLLECTIVE BARGAINING AGREEMENT
TABLE OF CONTENTS
ARTICLE I. UNION RECOGNITION
ARTICLE II. MANAGEMENT RIGHTS
ARTICLE III. UNION ACTIVITIES
ARTICLE IV. HOURS
ARTICLE V. PROBATIONARY PERIOD
ARTICLE VI. SENIORITY
ARTICLE VII. DISCHARGE AND DISCIPLINE
ARTICLE VIII. UNION BULLETIN BOARDS
ARTICLE IX. LEAVES OF ABSENCE
ARTICLE X. BEREAVEMENT
ARTICLE XI. JURY DUTY
ARTICLE XII. GENERAL
ARTICLE XIII. GRIEVANCES
ARTICLE XIV. VACATIONS
ARTICLE XV. HOLIDAYS AND HOLIDAY PAY
ARTICLE XVI. WAGE INCREASES
ARTICLE XVII. HEALTH AND WELFARE
ARTICLE XVIII. CHECKOFF
ARTICLE XIX. RELOCATION
ARTICLE XX. UNION SECURITY
ARTICLE XXI. UNION REPRESENTATION AND STEWARDS
ARTICLE XXII. SICK LEAVE, PERSONAL DAYS, LONGEVITY DAY
ARTICLE XXIII. SHIFT DIFFERENTIAL
ARTICLE XXIV. REPORTING AND CALL-IN PAY
ARTICLE XXV. SAFETY AND HEALTH
ARTICLE XXVI. WASH UP TIME AND REST PERIODS
ARTICLE XXVII. TUITION REFUND PLAN
ARTICLE XXVIII. LOCKOUTS AND STRIKES
ARTICLE XXIX. BIDDING AND POSTING
ARTICLE XXX. CREDIT UNION CHECK-OFF
ARTICLE XXXI. 401(k) PLAN (EMPLOYEE SAVINGS AND RETIREMENT
PLAN)
ARTICLE XXXII. SUCCESSORS AND ASSIGNS
ARTICLE XXXIII. SEVERANCE PAY
ARTICLE XXXIV. DURATION AND TERMINATION
AGREEMENT
AGREEMENT made this _________,_________,_________(M/D/Y), effective as
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of _________,_________,_________(M/D/Y), by and between AAA, INC., for its
facilities at _________(address) and _________(address) and _________(address)
(hereinafter collectively referred to as the 'Employer') and BBB UNION, LOCAL 8-149,
AFL-CIO (hereinafter referred to as the 'Union').
WHEREAS, both parties having accepted the principle of collective bargaining as a
means of establishing wages, hours and working conditions of the covered employees
and being desirous of continuing to do so for the purpose of fostering relations of mutual
interest, and
WHEREAS, it is the purpose and intent of the parties to promote sound and peaceful
labor relations,
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, the parties do hereby agree as follows:
I. UNION RECOGNITION
1. The Company recognizes the Union as the sole collective bargaining agent for
purposes of collective bargaining with respect to rates of pay, wages, hours and other
terms and conditions of employment for all its full-time and regular part- time employees
employed by the Company at its facilities presently located at _________(address),
_________(address) and _________(address); excluding office clerical employees,
professional employees, maintenance trade and engineering employees, laboratory
employees, Food Service employees, Groundskeeping employees, and guards and
supervisors as defined in the National Labor Relations Act.
However, it is agreed that all new hires for helper and any additional craftsman
beyond the current three (3) slots in plant maintenance will be represented by the Union.
II. MANAGEMENT RIGHTS
1. The Company has, retains and shall possess and exercise all rights and functions,
powers, privileges and authority not specifically and expressly contracted away or limited
by the terms of this Agreement.
2. As illustrative of the rights the Company possesses and retains, but in no way to
be construed as a limitation, the Company shall have the exclusive right to: manage all of
the Company's operations and its business affairs; direct the work force; determine
production methods and procedures; assign work, evaluate jobs and the performance of
jobs for pay purposes and to reevaluate them; decide the methods, means and processes
of manufacture, type of machinery and equipment to be used, the number and
classifications of employees to be used in the various aspects of the Company's
operations or for particular assignments, types and quantity of business to be scheduled
for production, quality of material, and the standards of efficiency and quality of
workmanship required; decide selling prices and products, methods of selling and
distributing products; determine the location of the business and to relocate any part or all
of the Company's operations; discontinue operations in whole or in part; allocate and
transfer production; introduce new or improved methods or facilities, or to change
existing manufacturing practices, decide methods and facilities, maintain order and
efficiency; the right to hire, promote, demote, transfer, suspend, discharge, or otherwise
discipline employees; determine the size and composition of the work force and relieve
employees from duty because of lack of work or other reasons; determine the hours of
work and schedule hours and determine overtime; establish, adjust and revise job
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classifications, hourly rates, establish rules pertaining to the operation of the plant and
discipline employees for violation of such rules; determine an employee's qualifications
to perform work in any particular position and to reassess and upgrade qualification
standards for employees, including incumbents, in particular positions whenever and to
whatever extent deemed by the Company to best serve the Company's overall interests in
ensuring regulatory compliance and product quality and integrity and maximizing
productivity, efficiency and safety; perform scientific and engineering studies; to contract
out or subcontract work; establish or discontinue extra shifts, except as expressly
amended or changed as hereinafter set out; to enforce procedures designed to ensure that
employees do not report for work or perform work under the influence of drugs, alcohol
or other substances that may or do impair or reduce mental acuity, motor coordination,
and/or other performance capabilities that could affect regulatory compliance, product
quality and integrity, or safety; to make and implement unilaterally any decisions that in
the opinion of management are required to ensure regulatory compliance, product quality
and integrity, and the safe operation of Company facilities; and to implement measures
deemed necessary by Company management to maximize productivity and efficiency.
The enumeration of specific rights in this Section shall not be construed as supporting a
negative implication that other rights of the Company have been waived or compromised
in any way. Nor shall the enumeration of such rights be construed as expanding or
contracting in any way the Union's right, to the extent otherwise secured by applicable
precedents under the National Labor Relations Act as amended, to demand that the
Company engage in collective bargaining over the effects of the exercise of such rights
on the wages, terms and conditions of employment and employment security of
employees covered by this Agreement.
3. Furthermore, the Company retains the right to take whatever steps it deems
necessary to meet and comply with all Federal, state or local regulations including but not
limited to those promulgated by DEA, FDA and any regulatory agency.
4. Within the limits prescribed in Article XII,Section 4 of this Agreement,
Management has the right to use supervisors and other non-bargaining unit personnel to
perform unit work.
5. With respect to any rights heretofore exercised by or inherent in the Company and
not expressly limited by the terms of this Agreement, and with respect to any rights
retained by or conferred upon the Company in the terms of this Agreement, any failure by
the Company to exercise such rights, or the exercise of such rights by the Company in a
particular manner, shall not be construed to be a waiver of or limitation on any such right,
a waiver of or limitation on the right to exercise any such right, or a waiver of or
limitation on the right to exercise any such right, or a waiver of or limitation on the right
to exercise any such right in a different manner. Nor shall enumeration of rights reserved
to the Company in this Agreement be construed as, or considered as evidence of, an
implied limitation on or preclusion of any Company rights not so enumerated.
III. UNION ACTIVITIES
1. There shall be no grievance investigated, presented,discussed, processed or
handled during working hours without the Vice President Human Resources or the
Manager Human Resources first being notified and her permission to do so obtained, nor
shall the investigation, presentation, discussion, processing or handling of grievances
interfere in any way with the normal and efficient conduct of the Company's operations.
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In the case of Departmental Stewards, however, this Section shall be deemed to have
been complied with in cases where such Stewards find it necessary to be excused from
their regular work responsibilities for brief periods of time for such purposes if notice is
provided and permission obtained in advance from the Steward's Plant Manager.
2. An authorized agent of the Union shall be permitted to visit the plant during
working hours, after first notifying the Vice President Human Resources or her designee,
for the purpose of investigating and settling grievances and insuring the proper
administration of the contract; provided, however, that said representative shall conduct
his business in such manner so as not to interfere with the normal and efficient conduct of
the Company's operations. The Union shall keep the Company currently advised, in
writing, of the officer or representative of the Union who is authorized to deal with the
Company, and no one shall be deemed such a representative unless he is so designated by
the Union to the Company.
IV. HOURS
1. The standard work week shall be five consecutive days, forty hours per week;
eight hours per day, from 12:01 . Monday to 12:00 . the following Sunday,
exclusive of lunch. The standard work day shall consist of eight and one- half (8-1/2)
consecutive hours with a one-half hour unpaid lunch break between the hours of 7:00
. and 5:00 . However, the Company retains sole and unrestricted discretion to
change work schedules for employees in any part or all of its operations to best serve the
Company's overall interests in ensuring regulatory compliance and product quality and
integrity, and maximizing productivity, efficiency and safety. The Union and employees
affected by such a change will be provided notice at least two weeks in advance of
implementation of the change. Shifts may be established or discontinued in the sole and
unrestricted discretion of the Employer on notice to the Union and the affected
employees of thirty calendar days whenever reasonably practicable, but in any event not
less than fourteen calendar days. Whenever a shift change is implemented for less than all
of the employees in a department, the Company shall first seek to obtain enough
employees to staff the new shift by asking for volunteers from among the employees in
the department. In the event there are more volunteers than openings, employees shall be
selected on the basis of their seniority. In the event an insufficient number of volunteers
come forth, the Company may have the work done by nonbargaining unit employees for
up to two months, hire for such positions from outside the bargaining unit, and/or require
additional employees, in reverse order of seniority, to either work the new shift or go
onto layoff status.
The Employer may implement a Tuesday through Saturday workweek or
Wednesday through Sunday workweek provided the following criteria are met:
(a) Employees assigned to work Tuesday through Saturday or Wednesday through
Sunday workweeks must work a five consecutive day week.
(b) The Company shall first seek to obtain employees for such workweeks by asking
for volunteers. If more volunteers come forward than there are openings, employees shall
be selected on the basis of their seniority. If an insufficient number of volunteers come
forth, the Company may have the work done by nonbargaining unit employees for up to
two months, hire for such positions from outside the bargaining unit, and/or require
additional employees, in reverse order of seniority, to either work the new workweek or
go onto layoff status.
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(c) Those employees hired for the Tuesday through Saturday or Wednesday through
Sunday workweek shall have a right to bid into openings occurring less than one hundred
and eighty days after their initial hire date the Monday through Friday workweek, except
as otherwise provided in Article V, Section 7.
(d) The Employer agrees to preserve a three day weekend during holiday weeks.
Employees assigned to work Tuesday through Saturday or Wednesday through Sunday
workweeks pursuant to the terms of this Section and who by virtue of such assignment
work on Saturday or Sunday, shall receive premium pay in the amount of _________
cents ($ _________) per hour for each hour worked on such days. Except as provided in
Article XXIV, nothing in this Agreement shall be construed as obligating the Company to
provide any minimum hours of work per day, per week, per month or per year.
2. The Employer has sole and unrestricted discretion to establish a ten hours per day
shift, exclusive of the thirty minute unpaid lunch period, at the straight-time wage rate.
For employees assigned to work such a shift, except as otherwise provided below, forty
hours per week shall constitute a week's work. If a ten hour work day as hereinbefore
described is implemented, the Employer shall schedule employees assigned to work such
shifts in such a manner as to make all straight-time work days after the first one in each
work week follow each other consecutively. The Employer shall have the right to
schedule such four day work weeks to begin on Monday, Tuesday or Wednesday in the
same manner and subject to the same conditions (except for the five consecutive day
week requirement) as would apply under Section 1 of this Article to the assignment of
employees to work five day work weeks beginning on those days. The Employer shall
also have the option to schedule two crews to work a ten hour work days in such a
manner as to provide employee coverage in the department on each of the seven days of
the workweek, provided however that in such event employees in each crew shall be
scheduled to work eight consecutive days, with the first and last of the eight days being
on Thursday and with both crews overlapping for the full ten hour shift on Thursday. The
Employer will provide notice to the Union and affected employees at least two weeks
before commencement of any of the special shifts provided for in this Section.
Employees working ten-hour days shall be entitled to an additional rest period of fifteen
minutes after working eight hours. Employees who are assigned to work special shifts
pursuant to this Section shall be entitled to take the Holidays specified in Article XV,
Section 2 of this Agreement off without loss of pay or, if required to work on a Holiday,
shall be compensated at a rate equal to two and one-half times the rate they would have
been paid had the work been performed on a normal workday. Employees assigned to
work special shifts under this Section whose workweek does not encompass a Holiday
shall receive an additional eight hours straight-time pay for that workweek. Employees
scheduled to work hours on Saturday or Sunday pursuant to this Section shall be paid a
premium of _________ cents ($ _________) per hour for all such weekend hours
worked.
3. OVERTIME: Employees shall be paid overtime premium pay for all hours
worked over eight hours in any one day (except as otherwise provided above in Section 2
of this Article), or forty paid hours in any one work week and for any time worked on
scheduled holidays enumerated in Article XV. Employees who fail to work any portion
of the straight time work for which they are scheduled in a given work week will not be
entitled to premium pay for overtime in that week, except to the extent that their total
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hours worked in that week exceed forty hours, unless the employee's failure to work such
straight time is due to serious illness or serious injury, or the employee's being on jury
duty, vacation, paid sick leave, or bereavement leave; and Saturday and Sunday overtime
shall be paid on the same basis. Except as otherwise provided in this Article, overtime
hours worked on Sundays shall be compensated at a rate equal to twice the employee's
base wage rate. Only time actually paid shall be included in computing overtime. Any
time worked when once included in computing overtime under any applicable provision
of this Agreement shall not thereafter be included in computing overtime under any other
applicable provisions hereof. In no event, shall there be any duplication or pyramiding of
any overtime or premium pay, whether for Sundays, holidays or overtime purposes or
otherwise.
The Company shall have discretion to determine which job classification(s) will be
needed to perform available overtime work. Overtime shall first be offered to qualified
employees within the job classification within the department in which the overtime is
available. Such opportunities shall be equally divided among the employees in the
department in the same job classification and assigned to work in the same building. For
purposes of equalization, an opportunity offered and refused shall be counted as overtime
worked. If an insufficient number of employees within the department and currently
assigned to the classification that the Company has designated to work overtime are
available for such work, the Company may fill the overtime with qualified volunteers
from outside the department on the basis of seniority (in which case the Company shall
offer the overtime to employees then assigned to work in the classification that the
Company has designated to work the overtime and working in the location (Northvale or
Pomona) where the overtime is to be worked, then to employees assigned to work in such
classification at any other Company facilities covered by this Agreement, and then to any
other qualified employees assigned to work at any such facilities), and/or by drafting
employees from within the building and department in reverse order of seniority. In any
situations in which overtime work is of such a nature as to require the employee
performing it to have any special skills or experience, the Company has sole and
unrestricted discretion to assign overtime work to the employee or employees who, in the
Company's judgment, is or are best suited to carry out the assignment competently,
efficiently and safely. To the extent overtime assignments do not, in the judgement of the
Company, require employees of special skill and/or experience, however, the Company
shall be required to distribute such assignments evenly among employees in the
department; and any time worked by an employee in an overtime assignment made on the
basis of special skills or experience shall be credited to that employee for overtime
equalization purposes, as would any other overtime worked. The Union shall be informed
of all special overtime assignments made on the basis of special skills or experience on at
least a weekly basis. It is understood that the Company shall not be required to create
unnecessary overtime for any purpose.
4. When an employee is requested by the Company to work outside of or beyond his
regular hours, he shall be expected to do so, unless the Company determines that
extraordinary hardship would result by requiring the employee to work such an overtime
assignment. However, under no circumstances will notice for mandatory overtime be
given less than four hours before such overtime would begin. No employee shall be
required to work more than fourteen hours in any workday or more than fifty-six hours in
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any workweek, except as otherwise provided in Section 2 of this Article. In the event an
employee is required to work an overtime assignment and has difficulty with working the
assignment due to a schedule conflict, he shall not be required to work the overtime if he
is able to find a qualified volunteer to take his place who is acceptable to the supervisor
scheduling the overtime. In such cases, the employee shall be charged with having
worked the overtime for the purposes of overtime distribution; and the volunteer who
works the overtime shall not be so charged.
5. HOLIDAY WORK: The Company shall, unless extraordinary hardship would
result, give seven days' notice of overtime work scheduled on a holiday or during a
holiday weekend (., a weekend preceded or followed by a day designated as a holiday
in Article XV, Section 2 of this Agreement). The Company shall have the right to open
the plant for business on holidays and to expect employees to work on such days. Except
as otherwise provided above in Section 3 of this Article, work performed by employees
on holidays shall be considered as premium work, and such work shall be paid for at time
and one-half.
6. Hours and pay representing holiday pay, and vacation pay and all other hours of
pay representing non-working time will be included in figuring overtime for the week
and in figuring straight time average hourly rates.
7. REST PERIODS AND LUNCH PERIODS: The Company shall provide
employees with a one-half hour unpaid lunch period and two rest periods of fifteen
minutes duration. It is understood and agreed that the scheduling of such periods remains
exclusively vested in the Company, and the taking of such periods shall in no way
interfere with the normal and efficient operations of the plant.
8. Notwithstanding any other provision of this Agreement, the Employer has sole
and unrestricted discretion to determine when it is necessary to suspend or shut down
some part or all of its operations because of an Act of God, any circumstances beyond the
Employer's control, or any emergency situation that could compromise product quality or
integrity or endanger the life and safety of an employee or because of regulatory
compliance considerations. In such cases, employees will be compensated in accordance
with the terms of Article XXIV of this Agreement. In the case of such a suspension or
shut-down in which the Employer requests affected employees to wait in a designated
area available for work, the waiting time shall be considered time worked. If the plant is
closed under the circumstances specified in this Section, and employees are scheduled to
work the following Saturday, said Saturday work shall be paid for at time and one-half.
9. The provisions of this Article are intended solely to provide a basis for
determining the number of hours of work for which an employee shall be entitled to be
paid at overtime rates, and shall not be construed as a guarantee to such employee of any
specified number of hours of work either per day or per week, or as limiting the right of
the Company to fix the number of hours of work (including overtime) either per day or
per week for such employee.
10. CHECK CASHING: The Employer will grant each employee an additional
fifteen minutes to their lunch period on check cashing day.
V. PROBATIONARY PERIOD
1. The Company has the right to employ such new employees as it deems necessary
and qualified to do the work available and may hire such persons from any source. The
Company also retains the right to refuse to employ any such person in its discretion.
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2. Generally, there shall be a six month probationary period for new employees,
which may be extended for up to an additional one month by mutual agreement between
the Company and the Union. New employees hired into the Porter or Supplier/Material
Handler classifications, however, shall be required to complete a probationary period of
ninety days, which may be extended by up to an additional thirty days by mutual
agreement between the Company and the Union.
3. The computation of the probationary period shall not include any work time
absent from the job for any reason, and said probationary period will automatically be
extended for all such work time lost.
4. All probationary period employees may be laid off,disciplined, discharged or
otherwise terminated during their probationary period for any reason whatsoever, with or
without cause, and such layoff, discipline, discharge or termination shall not be subject to
the grievance procedure of this Agreement. Nothing in this Agreement shall be construed
as a limitation on this provision in any way.
5. After completion of their probationary period,employees shall be deemed to be
regular employees, and their seniority shall revert to the date of employment.
6. Nothing in this provision shall be considered a restriction or limitation upon the
training periods established by the Company for the various job operations or on
providing training periods of greater duration than the probationary period established
herein. Such employees shall be notified of the length of training period.
VI. SENIORITY
1. Seniority is defined as the total length of continuous service with the Company.
2. Each Employee shall accumulate seniority rights after the probationary period
provided in ARTICLE V has been successfully completed, and such seniority shall date
from the time of the employee's most recent date of hire.
3. LAYOFF AND RECALL: The Company shall have the right to determine when a
layoff is necessary, including the right to determine the number of employees to be laid
off, the department in which the layoff will occur, and the duration of such layoffs. In the
event a layoff becomes necessary, employees will be laid off in accordance with their
seniority. However, employees to be laid off shall be permitted to bump employees with
less seniority in an equivalent or lower rated, unprotected job, where the Company
determines the bumping employee is qualified and able to perform the available work,
and where the Company determines in its sole and unrestricted discretion that
displacement of the incumbent by the bumping employee will not materially affect the
Company's ability to ensure full and undiminished compliance with regulatory
obligations and product quality and integrity. The Company shall have the right to
exempt from bumping up to fifty percent of the positions in each classification in each
department, except for Porter and Packer positions. Employees exercising bumping rights
pursuant to this Section shall serve a probationary period of six work weeks in the
position into which they have bumped, during which period the Company shall have the
right to determine that continuation of the employee in the position is not consistent with
the Company's overall interests of ensuring regulatory compliance and product quality
and integrity, and maximizing productivity, efficiency and safety. In the event of such a
determination, the employee bumped out of the position shall be recalled and the
employee who bumped into the position may, in the discretion of the Company, either be
laid off or transferred to another position. In no event shall an employee be permitted to
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bump upward. An employee shall be permitted to exercise bumping rights under this
Section only one time in connection with any layoff affecting the employee (unless the
employee is bumped by a more senior employee from a position into which he has
bumped as a consequence of the same layoff, in which case the employee may exercise
any additional bumping rights he has one additional time); and the employee's decision as
to whether and how to exercise any bumping rights available to him, once made and
communicated to the Company, shall be irrevocable. The Company shall give forty- eight
hours advance notice of layoff or equivalent pay in lieu of notice. If more than twenty
employees are laid off in any period of twenty-one days or less, employees who are
involuntarily put out of work by the layoff(s) shall be given five working days notice of
their layoff, provided that the Employer has determined at the time of the layoff that the
employee is expected to remain on layoff status for a period of more than thirty calendar
days. If an employee is otherwise entitled to five days notice pursuant to this Section and
one or more paid holidays provided for in Article XV, Section 2 of this Agreement falls
within the notice period, such paid holiday(s) shall be deemed a working day(s) for
purposes of the notice requirement. The Employer has the option to provide to any
portion of or all employees involuntarily put out of work as a result of a layoff pay in lieu
of any notice required by this Section. The Employer shall continue to make
contributions for medical coverage of employees put out of work by a layoff for ninety
days after the layoff. Recall will be in the reverse order of layoff, and employees recalled
from a layoff to the classification that they occupied prior to the layoff shall be
compensated for hours worked at the rate in effect for them in the classification
immediately prior to the layoff. Employees occupying Porter positions on the effective
date of this Agreement shall, during the term of this Agreement and so long as they
continue to occupy such positions, be protected from layoff resulting from a decision of
the Company to subcontract the Porter work that would otherwise be done by them.
4. TRANSFERS: The Company shall have the right to transfer employees on a
temporary basis. The Company shall provide forty-eight hours advance notice of all
transfers between shifts. With respect to transfers involving a relocation of greater than
five miles from an employee's regular station, the Company must provide twenty-four
hours notice. A temporary transfer shall be defined as a transfer of an employee at the
direction of the Company that is intended by the Company at the time it is made to
continue for no more than sixty, in the case of an employee's transfer to a different shift
and/or to a different location (., Pomona or Northvale), or in the case of an employee's
temporary reassignment to a different job on the same shift and in the same location as
his regular assignment, for no more than ninety consecutive calendar days. Provided,
however, the Company shall have the right to extend any temporary transfer for up to an
additional sixty days if the Company and the Union mutually agree. The Union shall,
however, not refuse to agree to any extension of a temporary transfer in any case in
which failure to extend the transfer would result in a substantial disruption of production
or compromise in any way the Company's ability to ensure regulatory compliance. No
employee shall suffer a reduction of pay as the result of temporary transfer, except that
employees who are temporarily transferred between shifts to facilitate the exercise of
bumping rights in the wake of a layoff shall not be entitled to continue receiving any shift
differential applicable to the shift from which they transferred during the period of the
temporary transfer. Employees transferred to a higher rate job shall receive that rate for
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all time spent in that job. All transfers shall be at the Company's sole and unrestricted
discretion and may be without regard to seniority. Notwithstanding any other provision in
this Agreement, the Company shall have the right, on the basis of its sole and unrestricted
discretion, to move the physical location of any part of its operations to another situs.
Packers selected for temporary transfers to the Cephalexin area at the Company's
Pomona, New York facility shall be selected in reverse order of seniority.
5. Seniority rights and employment shall be terminated if an employee:
(a) Is discharged for cause.
(b) Voluntarily quits.
(c) Has less than two years of seniority and is laid off on or after the effective date of
this Agreement for a period of six consecutive calendar months or more.
(d) Has two to five years of seniority and is laid off on or after the effective date of
this Agreement for a period of more than twelve consecutive calendar months.
(e) Has more than five years seniority and is laid off on or after the effective date of
this Agreement for a period of more than eighteen consecutive calendar months.
(f) Fails to return to work within five calendar days after recall from layoff.
(g) Fails to return to work immediately after the expiration of a leave of absence.
(h) Accepts other employment while on a leave of absence, or misrepresents the
purpose for which a leave of absence was granted.
(i) Transfers out of the bargaining unit.
(j) Absent for three days without notifying the Company unless the employee can
demonstrate by clear and convincing evidence that he was unable to do so due to
circumstances beyond his control.
(k) Retires.
(l) Accepts severance pay provided by the Company pursuant to Article XXXIII of
this Agreement.
6. In order to insure the proper administration of this Article, the Company agrees to
submit an up-to-date seniority list to the Union and the Chief Steward four times a year
on a quarterly basis. The Company also agrees to post the list in the plant.
7. For purposes of any layoff pursuant to Section 3 of this Article, the Chief Steward
shall be deemed senior to all other employees in the bargaining unit.
VII. DISCHARGE AND DISCIPLINE
1. The Company shall have the right at any time to discharge or discipline any
employee for good cause. No disciplinary action may be taken, however, unless the
employee is provided notice of the disciplinary action within ten work days after the
Company learns of the conduct on which the disciplinary action is based.
2. In the event of discharge or other disciplinary action taken against a non-
probationary employee, the Company will promptly furnish the affected employee with a
written statement specifying the reason for the discharge or other disciplinary action.
Such action on the part of the Company shall be subject to the Grievance Procedure
specified in Article XIII of this Agreement (beginning with Step 3 of Section 3 thereof),
provided that a grievance is filed in writing with the Company within ten work days of
receipt by the employee of the written statement specifying the reason for discharge or
other disciplinary action. Failure to file such grievance within ten work days shall bar its
consideration under any provisions of this Agreement.
3. A disciplinary memorandum shall not be taken into account for purposes of
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determining eligibility for job bids or the appropriate level of discipline for multiple
violations in the same category under the Company's progressive discipline policy more
than twelve months after the issuance of the memorandum.
4. The Department Steward, if available, shall be invited to attend any meeting in
which an employee in the Steward's department is to be informed of any decision to
discipline or discharge the employee.
VIII. UNION BULLETIN BOARDS
The Union shall have the exclusive use of one bulletin board to be provided by the
Company, upon which the Union may post notices of the following types:
(a) Notices of Union elections involving the Company's employees.
(b) Notices of the results of such elections.
(c) Notices of Union appointments affecting the Company's employees.
(d) Notices of meetings and activities pertaining to the Company's employees; and
(e) Job vacancies and bids.
The Union shall not post Union materials on Company premises other than on the
designated Union bulletin boards.
IX. LEAVES OF ABSENCE
1. For the purpose of this Agreement, a leave of absence is defined as a limited and
specified period of time officially granted to an employee by the Company to absent
himself from his job duties for sick leave, family leave, or personal leave as hereinafter
defined, which time off shall be taken without pay and subject to all conditions herein.
2. MATERNITY LEAVE OF ABSENCE: A leave of absence for reasons of
maternity shall be granted employees upon certification from a doctor that the employee
is unable to perform her regular job functions, and said leave shall continue in effect until
such time that a certification from a doctor is presented stating the employee is physically
able to perform the regular functions of her job. An employee who has been employed by
the Company for at least twelve months and who has worked at least one thousand hours
during the immediately preceding twelve month period shall be entitled to a personal
leave of absence of up to sixmonths to care for his or her newborn baby or newly adopted
infant, after completion of any prebirth medical disability leave (in the case of an
employee who is the child's mother).
3. SICK LEAVE OF ABSENCE: An employee who has been employed by the
Company for at least twelve months and who has worked at least one thousand hours
during the immediately preceding twelve months may be granted, upon timely
application, a leave of absence without pay for a period not to exceed twelve consecutive
months if the employee suffers from a serious health condition. The Company may, in its
sole and unrestricted discretion, require that any period of leave pursuant to this Section
be supported by certification issued by a duly licensed health care provider which shall
state, at a minimum: (a) the date on which the serious health condition commenced; (b)
the probable duration of the condition; and the medical facts within the provider's
knowledge regarding the condition. The Company may, in its sole and unrestricted
discretion and at its own expense, require that the employee obtain an opinion regarding
the serious health condition from a licensed health care provider designated or approved
by the Company. An employee who fails to report to work immediately on the date set
for the expiration of his or her leave shall be considered to have abandoned his or her
employment unless the Company receives a certificate from a licensed health care
12
provider, prior to expiration of such leave, that the employee is still unable to perform
his/her regular job functions.
4. PERSONAL LEAVE OF ABSENCE: Upon written application from an
employee for a personal leave of absence, the Company, in its exclusive discretion, may
grant a written leave of absence without pay where good cause is shown, for a maximum
period of six months. An employee who has been employed by the Company for at least
twelve months, who has worked at least one thousand hours during the immediately
preceding twelve months, and whose parent, spouse or child is suffering from a serious
health condition shall be entitled to unpaid leave, if timely requested, of up to twelve
weeks in any twelve month period to care for such parent, spouse or child. Permission for
leave requested pursuant to this Section shall not be unreasonably withheld. No employee
has the absolute right to return to work prior to the expiration of his leave unless he
notifies the Company, in writing, at least five working days prior to the intended date for
return to work; and the Company, in its sole discretion, determines that the employee's
early return as proposed will best serve the Company's overall interest in ensuring
regulatory compliance and product quality and integrity, and maximizing productivity,
efficiency and safety. The leave of absence for personal reasons may be extended by
mutual agreement of the parties. An employee who fails to report to work immediately on
the date set for the expiration of his leave shall be considered as having voluntarily quit,
unless a reasonable excuse is given as determined by the Company.
5. The employee who returns from an authorized leave of absence and is capable of
properly and adequately performing his job without significant additional training, will be
reinstated in the job he held at the time his leave commenced if that position is vacant and
the Company's production needs are such as to make filling the position at that time
desirable. If a returning employee's prior position is not vacant or filling the position at
that time is deemed by the Company to be not desirable, he will be allowed to exercise
'bumping' rights unless the Company determines that the employee's exercise of such
rights would significantly impair the interests of ensuring regulatory compliance and
product quality and integrity, and maximizing safety. In such case, the employee shall be
placed on layoff status until such time as his prior position becomes vacant and
production needs make filling the position desirable, or the Company determines that the
employee's exercise of 'bumping rights' will not significantly impair the aforementioned
interests.
6. An employee who accepts employment elsewhere during any leave of absence
taken pursuant to the terms of this Article will be considered as having voluntarily quit,
unless previously authorized.
7. Employees will accumulate seniority while on an approved leave of absence
pursuant to this Article. Employees on leave granted pursuant to this Article will not,
however, receive credit as time worked for purposes of accrual of or entitlement to any
benefits except as otherwise provided in Article XV, Section 1(a) and Article XVII,
Section 3.
8. Any leave requested and taken by an employee pursuant to the terms of this
Article shall be charged against the employee's eligibility for leave under the Family and
Medical Leave Act to the extent consistent with the terms of said Act.
X. BEREAVEMENT
1. When death occurs in an employee's immediate family, which shall mean father,
13
mother, husband, wife, son or daughter, the employee shall be entitled, on notification to
the Company, to take the five work days immediately following the employee's learning
of such death with pay for bereavement leave. In the case of the death of the brother,
sister, mother-in-law, father-in-law, grandchildren or grandparents of an employee who
has completed his probationary period, the employee on request will be excused for three
consecutive working days with pay to grieve. The Company will not unreasonably
withhold its consent to reasonable extensions on bereavement leave as circumstances
warrant, but employees to whom such extensions are granted shall not be entitled to pay
during the period of such extended leave.
2. Reasonable evidence of the death and relationship may be required by the
Company supporting the claim for such time off from work.
XI. JURY DUTY
Full-time employees who are called for jury duty shall be granted the necessary time off
for such purpose. The Company will pay the employee the greater of the employee's daily
wages (to be computed on the same basis as holiday pay) or _________ dollars ($
_________) per day for the first three days of jury service. In the case of any employee
required to serve on jury duty for more than three days, the Company will pay such
employee for such additional service the difference, if any, between the employee's daily
earnings (to be computed the same as holiday pay) and the monies paid to such employee
by the authorized governmental agency, provided that such additional jury duty is not the
result of a voluntary act by the employee. At the request of the Company, the employee
shall present evidence of jury duty and receipt of compensation. The employee must
notify the plant manager immediately upon receipt of summons for jury service in order
to qualify for jury duty leave.
XII. GENERAL
1. The Company and the Union agree that they will not discriminate against an
employee by reason of race, color, creed, age, sex, sexual preference, physical or mental
disability, national origin, membership or non-membership in the Union.
2. Nothing in this Agreement shall be construed as constituting an agreement that
any work is or may become the exclusive right of any employee or classification of
employees. The Company retains the sole and unrestricted discretion to direct employees,
on a temporary basis, to perform work not within the job description of the position that
they normally occupy whenever the Company determines that the interests of ensuring
regulatory compliance and product quality and integrity, and maximizing productivity,
efficiency or safety will best be served by doing so. This clause shall not contravene the
seniority and overtime provisions.
3. All provisions of this Agreement are assumed to be in conformity with the
applicable laws of the States of New Jersey and New York and the United States. If any
provisions are later proven to be contrary to any applicable law existing at this time or
subsequently enacted, such provision shall then be considered void, and the invalidity or
unenforceability of such provision shall have no effect on the remaining provisions of the
Agreement.
4. The Company has the right to use supervisors and other non-bargaining unit
personnel to perform bargaining unit work to whatever extent and for whatever duration
management deems best serves the Company's overall interests in ensuring regulatory
compliance and product quality and integrity, and maximizing safety. Supervisors also
14
may, in the interests of efficiency and orderly production, fill in or work on a particular
job as dictated by the necessities of the operation. However, if an employee within the
bargaining unit leaves the employ of the Company, he will not be replaced with a
supervisory employee provided the position is still available. Likewise, if there are
overtime opportunities, supervisory employees shall not replace bargaining unit
employees; but this proscription shall not preclude qualified supervisors from doing up to
two hours of unit work if there are no qualified bargaining unit employees in the plant
and available to do the work at the time. Some examples of supervisors working are:
(a) Emergencies occurring during scheduled working days when an operation is not
fully manned.
(b) Instructing or training of employees, including self- training.
(c) Performing experimental work involving new products, new equipment, new
methods or new materials.
(d) Making minor adjustments and set up.
(e) Providing for the continuance of the work flow.
(f) Product validation or other nonproduction scientific work.
It is agreed that the Company shall not exercise its rights under this Section in such a
way as to reduce systematically the number of bargaining unit positions.
5. The Company shall be responsible for instituting formal training procedures in all
job classifications. Training shall be performed by such personnel as the Company
deems, in its sole and unrestricted discretion, best suited to effective and efficient
performance of the training function. Employees assigned to perform such training
functions shall be compensated at a rate one dollar and fifty cents ($) above their
normal rate during the period of such assignment. A training guide shall be developed
covering the skills and responsibilities which employees in each type of work shall be
taught. Employees may be directed to participate in cross-training exercises to ensure the
availability of adequate personnel with the appropriate skill mix to deal with emergency
or peak load situations, or to best serve the Company's overall interests in ensuring
regulatory compliance and product quality and integrity, and maximizing productivity,
efficiency and safety. The determination of the departments in which cross-training will
be done and the number of employees in such departments to be given cross-training is a
matter committed to the sole and unrestricted discretion of the Company. If less than all
employees in a job classification within a department are to be assigned to participate in
cross-training exercises, employees shall be selected for such exercises on the basis of
seniority. Employees temporarily assigned to positions, other than the ones they normally
occupy, for cross-training purposes shall not be deemed to have transferred into such
positions. The Company will inform the Union at least two weeks prior to
implementation of its plans, and any modifications thereof, for cross-training in any
department with bargaining unit employees who will be involved in the cross-training
program. All employees who participate in training, whether as trainers or trainees, shall
be required to certify on documentation provided by the Company that such training has
been completed. However, it is understood that an employee's signature as required by
the preceding sentence does not necessarily signify that the employee certifies or believes
that the content of the training was sufficient to qualify the employee receiving the
training to perform work of the sort that was the subject of the training.
6. MANAGEMENT TRAINEES: Whereas it is the expressed intent of the Company
15
to train, educate and familiarize supervisors and managers with the Company's total
operation, including each phase of the operation, department by department, the
Company shall have the right to have management trainees work on any or all jobs,
including production jobs included in the bargaining unit, with the following limitations:
(a) Management trainees shall not be included in the bargaining unit and shall not be
required to join the Union.
(b) Management trainees shall not exceed fifteen percent or ten employees,
whichever is the lesser, of the total number of bargaining unit employees at any given
time (., if there are forty bargaining unit employees, there shall not be more than six
management trainees). The Company will notify the Union of its decision to employ
management trainees pursuant to this Section on or before the commencement date of the
employment of any such employees.
(c) A management trainee shall not perform bargaining unit work for a period in
excess of fifteen months on an over-all basis, and not more than four consecutive months
in any one department.
(d) Although the company identifies with and subscribes to the policy of promotion
from within, and may select employees from the bargaining unit to become management
trainees, it is understood that it is within the Company's sole and unrestricted discretion to
determine and select employees to become management trainees and may make such
selection from any outside source.
(e) It is not the intent of the Company to substitute management trainees for
bargaining unit employees in the performance of bargaining unit work.
(f) The Union shall be entitled to meet with the Company every six months to
review the Management Trainee Program.
7. SUMMER HELP: Employees hired during the summer vacation period (90 days
or less) or during the two-week Christmas period shall be excluded from coverage under
the Agreement.
8. Coffee will be provided at Company expense in all break rooms utilized by
bargaining unit employees.
9. Bargaining unit employees shall be supplied by the Company with uniforms to be
worn in performing their work, and the Company shall make arrangements for periodic
cleaning of such uniforms at Company expense.
10. When bargaining unit employees are required for job-related reasons to travel
using their own vehicles between the Company's facilities at the Northvale, New Jersey
location and the Pomona, New York location, they shall be reimbursed by the Company
for such travel at the rate of _________ cents ($ _________) per mile.
11. Paychecks for bargaining unit employees shall be issued weekly, and payday
shall be on Wednesday.
12. Bagels and/or donuts shall be provided for bargaining unit employees required to
work overtime on Saturday, unless one or more employees are scheduled to work straight
time on that day.
13. Bargaining unit employees working the second shift shall not be required to
begin mandatory overtime work on Saturdays any sooner than eight hours after
completion of their final, straight-time shift (which would have begun on the preceding
Friday); notwithstanding the foregoing, second shift employees may begin overtime work
on Saturdays in less than eight hours after completion of their last preceding straight-time
16
shift if such arrangement is mutually agreeable to the employee and the supervisor
responsible for scheduling the overtime work.
14. The Company will generally seek to maintain a one-to-one ratio of QA
Associates to QA Inspectors in the Quality Assurance Department. Notwithstanding the
foregoing, it shall not be considered a violation of the terms of this Agreement for the
Company to have as many as two more QA Associates than QA Inspectors in the
Department for a period of up to four months if the Company deems that such an
imbalance advances the Company's interests in ensuring regulatory compliance and
product quality and integrity and maximizing productivity, efficiency and safety.
15. WORK AND FAMILY COMMITTEE: The Company and the Union recognize
that counseling and other forms of assistance may be of value to an employee and his or
her family in situations in which personal problems have the potential to interfere with
the employee's performance of job responsibilities. The Company and Union also
recognize that Company policies may have an impact on the lives of employees. The
Company and the Union agree that employees should strive to achieve an appropriate
balance between work and family responsibilities. In addition, the Company and Union
further agree to work together to address issues related to the mutual goal of achieving a
balance between work and family responsibilities. Accordingly, the Company and the
Union have agreed upon a Work and Family Policy and agree to maintain a Work and
Family Committee as a forum in which such issues can be constructively considered and
discussed. The Committee will be comprised of four members, two designated by the
Union and two designated by the Company. The Committee's mandate, in addition to
sustaining dialog about work and family issues that are relevant to the Company's
employees, shall include working to assure that employees are aware of the Company's
Employee Assistance Plan, including the resources that employees can access through
that Plan, and any other professional community resources that might be able to assist
with problems relating to the employee's efforts to achieve a healthy balance between
work and family. Communications by individual employees with Committee members
regarding particular problems that such employees are encountering in striving to achieve
that balance shall be treated as strictly confidential and shall not be discussed with
anyone other than current members of the Work and Family Committee. Information that
an employee shares with Work and Family Committee members, as is the case with all
communications with Employee Assistance Program counsellors, in connection with the
employee's efforts to obtain assistance from the Committee on matters within its mandate
shall be treated as confidential and shall not be considered in any way as a basis for
disciplinary action of any kind. The Committee will meet quarterly at agreed upon times
and places to review issues brought to the Committee's attention by employees or
Management. Chairing the Committee meetings and the preparation of minutes will
alternate between Union and Management members. Union members of the Committee
shall be compensated at their regularly assigned wage rates for time spent in the
Committee's meetings. Nothing in this Section shall be construed as overriding or
modifying any other provisions of this Agreement.
16. CHILD CARE: The Company shall, as soon as is practicable after the effective
date of this Agreement, establish a flexible spending account in accordance with Section
125 of the Internal Revenue Code, which will make it possible for employees to set aside
a portion of pretax income each year to be used to defray dependent care expenses. The
17
Company shall also contract with the Rockland Council for Young Children to provide
child care counseling and referral services for any employees requiring such assistance.
XIII. GRIEVANCES
1. For purposes of this Agreement, a grievance is any dispute or difference of
opinion between the Company and the Union, or between the Company and any of its
employees covered by this Agreement, involving the meaning, interpretation or
application of the express provisions of this Agreement. Any dispute over whether a
complaint is subject to these procedures shall be treated as a grievance, in accordance
with the procedures prescribed in this Agreement, subject to the provisions of Article
XXVIII, LOCKOUTS AND STRIKES. Permission to investigate grievances shall not be
unreasonably denied, provided however that the Union shall conduct no grievance
investigation in such a manner as to interfere in any way with Company operations
without the prior, express consent of the Vice President Human Resources or Plant
Manager.
2. Grievance adjustments below the Step 3 level shall be binding only with respect
to that specific grievance and shall not be deemed to establish a binding standard for the
bargaining unit as a whole, unless the Company and the Union specifically agree
otherwise in writing.
3. Except as otherwise provided in Article VII, DISCHARGE AND DISCIPLINE,
and Article XXVIII, LOCKOUTS AND STRIKES, no grievance shall be entertained by
the Company, except in the following order and manner, and within the following time
limits:
STEP 1: In the event an employee covered by this Agreement has a complaint
involving the interpretation, application or alleged violation of this Agreement, he shall
take the matter up with his immediate Supervisor at a mutually convenient time within
ten work days of the occurrence of the event out of which the grievance arises, or within
ten working days from the date when the Union or the employee should reasonably have
been aware of the facts on which the grievance is based. The employee may be
accompanied by a Union Representative if the employee so desires. The Supervisor shall
give his answer to the employee as soon as practical, but in any event within ten work
days.
STEP 2: In the event the grievance is not settled in Step 1, it shall be reduced to
writing, stating the specific relief sought, signed by the employee and presented by the
Department Steward to the Supervisor within ten work days from the time the Supervisor
gives his answer as provided in Step 1 above. The Supervisor will discuss the matter with
the employee and the Department Steward presenting the written grievance as soon as is
practical, and in any event within ten work days after the Supervisor receives the written
grievance. The Supervisor will give a written answer to the employee and the Union as
soon as is practical, but in any event within ten work days of the time the written
grievance is presented. The presentation of the Supervisor's written answer shall
terminate Step 2.
STEP 3: In the event the grievance is not settled in Step 2, the Union may, within
ten work days after the termination of Step 2, request a meeting with the Vice President,
Human Resources, or her representative, to discuss the grievance. The Vice President,
Human Resources, or her representative, the employee, either the Chief Steward or a
Department Steward of the Union, and a representative of the International or Local
18
Union, if available, shall meet as soon as practical at a mutually convenient time, but in
any event within ten work days of such written request, and discuss the matter in an
attempt to arrive at a satisfactory resolution of the grievance. The answer of the Vice
President, Human Resources, shall be given, in writing, to the employee and the Union
within ten work days of the meeting referred to in this Step. The issuance of the answer to
the affected employee and the Union shall terminate Step 3.
STEP 4: In the event the grievance is not settled in Step 3, the Union may, within
ten work days of receipt by the Union of said answer, request in writing that the
grievance be submitted to arbitration as provided in Section 4 below.
4. Within ten days of the Company's receipt of the Union's request for arbitration,
the Union or the Company, on an alternating basis (beginning with the Union for the first
arbitral panel requested during the term of this Agreement), shall request the American
Arbitration Association ('AAA') to submit a panel of seven qualified and available
arbitrators, providing a copy of such request contemporaneously to the other party and
pay any necessary fee to obtain such a panel. Within ten work days after receipt of the
panel, the parties shall alternately strike names from the panel, beginning with the party
requesting the arbitration, until the name of the arbitrator is thus chosen. The request for
an arbitral panel shall be deemed to have been made upon mailing it to AAA. If the party
responsible for requesting the arbitral panel from AAA fails to do so within the ten day
period prescribed for the submission of such request, the other party shall have the right
to request the panel and select the arbitrator from among any of the names on the panel
obtained from AAA. If either party fails or refuses to participate in the arbitrator selection
process in such a manner as to assure that it is completed within the aforementioned ten
day period allotted for the process, the other party shall have the right to designate the
arbitrator from among those on the panel who have not been previously stricken by one
of the parties. The arbitrator shall be notified of his selection by a joint letter from the
Company and the Union requesting that he set a time and place for the hearing, subject to
the availability of the Company and Union representatives, and the letter shall specify the
issue(s) to the arbitrator. Any grievance as to which the arbitration hearing is not
completed within six months after selection of the arbitrator shall be deemed finally
determined on the basis of the Company's final response in Step 3 of the grievance
procedure unless the failure to complete the hearing within such period is solely the
product of either: (a) the Company's refusal to make its representative available to attend
the hearing in that period; or (b) the unavailability of the arbitrator on any dates within
such period. If the failure to complete the hearing within six months is solely the result
of the Company's refusal to make its representative available on any dates within such
period, the Company shall be deemed to have waived all defenses to the issue of liability,
leaving only the issue of appropriate relief to be determined by the arbitrator.
5. The arbitrator so appointed shall conduct a hearing and render his decision, in
writing, with all reasonable promptness. Any decision rendered by an arbitrator appointed
hereunder shall be final and binding upon the Company, the Union, and the employee or
employees involved on matters that are the proper subject of arbitration hereunder.
6. Any arbitrator appointed under the provisions of this Article shall consider and
decide only the particular issue(s) presented to him in writing by the Company and the
Union, and his decision and award shall be based solely upon his interpretation of the
meaning or application of the express terms of this Agreement to the facts of the
19
grievance presented. If the matter sought to be arbitrated does not involve an
interpretation of the express terms of this Agreement, the arbitrator shall so rule in his
award and the matter shall not be further entertained by the arbitrator. The arbitrator shall
have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of
this Agreement. The arbitrator shall have no authority to overturn or modify any action of
the Company unless the Union shows by clear and convincing evidence that such action
was violative of the express terms of this Agreement or was arbitrary and capricious or,
in any case involving disciplinary action taken against an employee, either that the
employee did not commit the act on which the disciplinary action was based or that the
Company's action against the employee was arbitrary and capricious.
7. The compensation and expenses of the arbitrator, and other expenses mutually
agreed to in advance, shall be borne equally by the Company and the Union.
8. Employees losing time as a result of participation in arbitration proceeding sunder
this Article, shall be made whole by the party on whose behalf they appear.
9. A grievance initiated by either the Company or the Union, involving the
interpretation or application of this Agreement, may be commenced at the Step 3 level, as
set forth above, by the filing of such grievance in writing with the other party within ten
work days after the party initiating the grievance has reason to believe that the other party
has assumed a position inconsistent with the terms of this Agreement. In the event of a
grievance initiated by the Company, the written grievance shall be accompanied by a
request for a meeting with the Local President of the Union. All rights, obligations and
time limits for action by the Vice President Human Resources, specified in Steps 3, 4 and
5 and Section 4 above, shall apply to the President of the Local Union in grievances
initiated by the Company, and all rights, obligations and time limits applicable to the
Union or employee in Steps 3, 4 and 5 and Section 4, shall apply to the Company.
10. If any steps or actions provided for in this Article are not taken, appeals herein
provided for are not taken or filed, or notice is not given within the time limit specified
for such steps, actions, appeals or notice, then the grievance shall be deemed final and
settled on the basis of the Company's last reply. If the Company's reply is not timely
given at any stage in the grievance procedure, then the grievance shall be deemed denied
at the expiration of the time limit within which an answer is required and such denial may
be appealed to the next step in the grievance procedure specified. Any of the time limits
specified in this Article may be extended by mutual agreement between the parties.
Saturdays, Sundays, days on which the Company facilities are closed for any part or all
of the day due to inclement weather, and those holidays specified in Article XV of this
Agreement shall not be included in the computation of time periods specified by this
Article.
11. In general, any investigation, discussion and settlement of grievances shall be
done during working hours, provided however that no such activities shall be conducted
in such a manner as to interfere in any way with Company operations without the prior,
express permission of the Vice President Human Resources or Plant Manager.
12. The Company and the Union may, by mutual agreement in writing, submit any
unresolved grievance to mediation under contract under the auspices of the New Jersey
Board of Mediation. If the mediator in such a case is unable to arrive at a mediated
settlement that is acceptable to both parties, the parties shall request that he or she issue a
written 'Mediator's Recommendation,' which shall be final and binding on both parties as
20
to the case in which it is issued but shall have no precedential effect and shall not be
admissible for any purpose in any future cases. In any case in which the parties agree to
mediation, they shall be deemed to have waived any right to arbitration to which they
might otherwise have been entitled pursuant to the terms of this Agreement. The fact that
a party declines to agree to mediation in a particular case shall not be admissible for any
purpose in that or any other case.
XIV. VACATIONS
1. All employees covered by this Agreement shall be eligible for paid vacations
according to the following schedule with the length of an employee's continuous service
being calculated from the anniversary date of hire:
Less than
Two years of continuous service One week
After
Two years of continuous service Two weeks
After
Five years of continuous service Three weeks
After
Ten years of continuous service Four weeks
After
Fifteen years of continuous service Five weeks
Employees shall accrue vacation rights each year at the rate of one twelfth of the
total amount of the employee's vacation eligibility under this Section for each month he
or she works or is on vacation or paid leave provided for in Article XXII of this
Agreement. For purposes of this Section, an employee shall be considered to have
worked a month, and therefore to have earned vacation accrual credit, if he actually
works or is on vacation or Article XXII paid leave for at least one hundred hours in that
month. Accrual will begin on January 1 of each year or, in the case of employees who are
hired or return to work after January 1, on the date the employee begins work. Accrual
rate increases provided for in the schedule set forth above shall become applicable on
January 1 of the year of the anniversary date on which the employee will reach the
amount of continuous service making him eligible for an increased amount of vacation.
Any accrued vacation not taken before December 31 of the year following the year in
which it accrued shall be lost, and in no event will an employee be entitled to receive pay
in lieu of vacation except where the employee is laid off or leaves the Company's employ
with accrued and unused vacation, or where the employee is prevented from taking
properly scheduled vacation by a Company requirement that he cancel such scheduled
vacation and he is unable to reschedule the vacation to be taken before the end of the
year. Employees with less than five years of service shall be entitled to take vacation
only to the extent that it has accrued. Beginning in the calendar year after completing four
years of continuous service with the Company and subject to the provisions of Section 3
of this Article, however, employees shall be entitled to take up to one-half of the vacation
that they will be eligible to accrue during the calendar year at any time prior to July 1 of
that year. Such employees shall be entitled to take up to the full amount of vacation that
they will be eligible to accrue during the calendar year at any time after June 30 of that
year. In the event the employee fails to work the entire year (including, without
limitation, because of being discharged, suspended, or laid off, or because of going on
21
disability or a leave without pay status), any pay received by the employee for vacation
not accrued at the time the employee leaves the active workforce shall be deducted from
the employee's paycheck for the final pay period preceding the employee's ceasing or
interrupting work. If the employee's final paycheck is in an amount insufficient to
reimburse the Employer for the amount of unaccrued vacation previously taken, the
employee shall pay the Employer the difference on or before his final day at work.
2. Eligible employees who take vacation in a week when they are scheduled to work
an eight hour shift shall receive as vacation pay eight times the employee's straight time
hourly rate for each day of vacation. Vacation payment shall be made the last scheduled
pay day before Eligible employees taking vacation in a week in which they are scheduled
to work four or more ten hour days shall receive vacation pay for each day of vacation
equal to the amount of pay they would have received had they worked the scheduled ten
hours on that day.
3. Accrued vacation may be taken at any time during the calendar year, except that
newly hired employees shall not be entitled to take vacation or receive pay in lieu of
vacation until after successful completion of their probationary period. However, the
employee must obtain permission to schedule any vacation from the Company at least
one month before the scheduled departure date. The Company will not unreasonably
withhold its permission, but retains discretion to deny an employee's request if it is
deemed inconsistent with production requirements or the Company's overall interests of
ensuring regulatory compliance and product quality and integrity, and maximizing
productivity, efficiency and safety. Subject to the foregoing, if two or more employees
request the same vacation period and the Company deems it inadvisable for all of such
employees to be out on vacation at the same time, the employee or employees with
greater seniority shall be given preference.
4. Vacation must be taken in no less than eight hour blocks, or in the case of
employees taking vacation on a day when they would have been scheduled to work ten
hour shifts, in ten-hour blocks.
5. The Company will maintain a record of all vacation time used by an employee
and provide updated information regarding the amount of vacation taken and accrued to
employees on request. If the Company acquires the payroll accounting capability to
provide periodic information of the employees' vacation account balances on payroll
stubs or through other means without incurring substantial additional expense during the
term of this Agreement, it shall do so.
XV. HOLIDAYS AND HOLIDAY PAY
1. Full-time and regular part-time employees shall be eligible for holiday pay.
Eligible full-time employees will be credited with eight hours (or ten hours in the case of
employees who would have been scheduled to work a ten hour shift but for the holiday)
worked on holidays enumerated in Section 2 below, provided they have passed their
probationary period. Holiday pay for eligible part-time employees shall be prorated on
the basis of the average daily straight-time hours they are regularly scheduled to work in
the week in which the holiday falls. Otherwise eligible employees shall not receive
holiday pay (or be credited with hours worked) under the following conditions:
(a) An employee who has an unexcused tardiness or who is absent on the work day
or part of the work day preceding or following the holiday, except for employees absent
because of serious illness or serious accident for no more than five working days prior to
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or following the holiday.
(b) Employees who are off on a personal leave of absence.
(c) Employees on suspension or disciplinary layoff.
(d) The employee who would not normally be scheduled to work and who would not
normally work on such day in any event.
2. The following days shall be considered holidays under this Agreement:
New Years Day Thanksgiving Day
Martin Luther King's Birthday Day after Thanksgiving
Presidents' Day Christmas Eve
Memorial Day Christmas Day
July 4th Day before New Year's Day
Labor Day Employee's Birthday
Religious holidays shall be permitted to be celebrated without pay and employees
shall not be penalized for their absence on such days.
3. Subject to the limitations set forth in Article 4, Section 3, work performed on
holidays shall be paid at the rate of time and one-half the employee's regular rate in
addition to the holiday pay.
4. If a holiday falls within an employee's vacation, such employee shall be paid
holiday pay for the holiday in addition to his vacation pay, or shall receive an extra day of
vacation, as agreed by the Company and the employee.
5. Except as otherwise provided in Article IV, Section 2 of this Agreement, holiday
pay for an employee entitled thereto shall be computed on the basis of eight times the
employee's average straight time hourly earnings in the last calendar quarter ending
immediately prior to the particular paid holiday. Overtime premium payments, holiday
payments, vacation payments and all other non-working time payments shall be excluded
from the holiday computation.
6. All holidays falling on a Sunday shall be celebrated on the following Monday.
7. All holidays falling on a Saturday shall be celebrated on the preceding Friday.
XVI. WAGE INCREASES
1.
(a) Effective _________,_________,_________(M/D/Y), all employees in the
Chemical Operator II, Maintenance Mechanic, Machine Mechanic, Chemical Operator I,
Set-Up Mechanic, and QA Inspector classifications will receive a wage increase of $
_________ per hour; all employees in the Licensed Trailer Truck Driver, Line
Technician, and Supplier/Material Handler classifications will receive a wage increase of
$ _________ per hour; and all employees in the Packer and Porter classifications will
receive a wage increase of $ _________ per hour.
(b) Effective _________,_________,_________(M/D/Y), all employees in the
Senior Manufacturing Operator, Chemical Operator II, Maintenance Mechanic, Machine
Mechanic, Chemical Operator I, Set-Up Mechanic, and QA Inspector classifications will
receive a wage increase of $ _________ per hour; all employees in the Licensed Trailer
Truck Driver, Line Technician, and Supplier/Material Handler classifications will receive
a wage increase of $ _________ per hour; and all employees in the Packer and Porter
classifications will receive a wage increase of $ per hour.
(c) Effective _________,_________,_________(M/D/Y), all employees in the
Senior Manufacturing Operator, Chemical Operator II, Maintenance Mechanic, Machine
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Mechanic, Chemical Operator I, Set-Up Mechanic, and QA Inspector classifications will
receive a wage increase of $ _________ per hour; all employees in the Licensed Trailer
Truck Driver, Line Technician, and Supplier/Material Handler classifications will receive
a wage increase of $ _________ per hour; and all employees in the Packer and Porter
classifications will receive a wage increase of $ per hour.
(d) Effective _________,_________,_________(M/D/Y), all employees in the
Senior Manufacturing Operator, Chemical Operator II, Maintenance Mechanic, Machine
Mechanic, Chemical Operator I, Set-Up Mechanic, and QA Inspector classifications will
receive a wage increase of $ _________ per hour; all employees in the Licensed Trailer
Truck Driver, Line Technician, and Supplier/Material Handler classifications will receive
a wage increase of $ _________ per hour; and all employees in the Packer and Porter
classifications will receive a wage increase of $ per hour.
(e) Effective _________,_________,_________(M/D/Y), all employees in the
Senior Manufacturing Operator, Chemical Operator II, Maintenance Mechanic, Machine
Mechanic, Chemical Operator I, Set-Up Mechanic, and QA Inspector classifications will
receive a wage increase of $ _________ per hour; all employees in the Licensed Trailer
Truck Driver, Line Technician, and Supplier/Material Handler classifications will receive
a wage increase of $ _________ per hour; and all employees in the Packer and Porter
classifications will receive a wage increase of $ _________ per hour.
2. The Company shall have sole and unrestricted discretion with respect to
establishing new job classifications, revising old job classifications and/or combining job
classifications, and establishing the hourly rates of pay for employees who perform work
therein. In the event the Company determines that revision or combination of an old job
classification warrants a reduction in the hourly rates of employees in the positions
affected by a revision or combination, and in all cases in which the Company establishes
a new job classification, the Company shall propose the new rate to the Union at least
two weeks before it is scheduled to go into effect and the parties shall negotiate in good
faith in an effort to reach agreement on the new rate. In the event the Union believes that
the hourly rates of jobs affected by a classification revision or combination should be
increased, the Union shall propose a new rate and the parties shall negotiate in good faith
in an effort to reach agreement on the rate. If the parties reach impasse during the term of
this Agreement in negotiations regarding wage rate changes entered into pursuant to this
Section, the Company shall have the right to implement unilaterally its final offer. The
Union has the right to grieve this decision pursuant to the terms of Article XIII of this
Agreement. In the event the Union grieves the Company's implementation of its final
offer, and the Company later agrees or an arbitrator rules that a different rate should
apply, such revised rate shall be applied retroactively to the date of the Company's
unilateral implementation of its final offer put forth in the original negotiations.
3. The Company shall have the right to establish hourly rates of pay for various jobs,
and to revise or otherwise change such hourly rates, but in no event shall any rate be
revised downward, except as provided above in Section 2 of this Article.
4. The Company shall negotiate with the Union, the rate of all newly created jobs,
prior to posting a bid or interviewing potential candidates.
5. The parties agree that there will be one rate of hire in each classification for new
employees.
6. As noted in the schedules set forth below in Section 8 of this Article, employees
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shall receive the general wage increase and incremental wage increases in progression
until they reach the maximum rate.
7. JOB DESCRIPTIONS: The Company has sole and unrestricted discretion to
determine whether and when written job descriptions for bargaining unit jobs need to be
revised or updated. Whenever such job descriptions are revised or updated, the Company
shall promptly provide the Union with copies of the new descriptions. The Union has the
right, within twenty workdays after receipt of the new job descriptions, to submit written
suggestions for changes in such job descriptions (with explanations of the rationales for
any such suggestions) that it believes the Company should consider. The Company shall
consider any such suggestions offered by the Union in good faith. If the Company
declines to accept any such suggestion and there remains a dispute as to whether, without
the suggested change, the job description in question accurately describes the content of
the job that is its subject, the Union may process the dispute through the grievance and
arbitration procedure prescribed in Article XIII of this Agreement.
8. WAGE RATES: The wage rates applicable to positions covered by this
Agreement shall be as follows:
Senior Manufacturing Operator
Effective Effective Effective Effective Effective
_________(M/D/Y) _________(M/D/Y) _________(M/D/Y) _________(M/D/Y)
_________(M/D/Y)
$ _________ $ _________ $ _________ $ _________ $ _________
To be eligible to bid on Senior Manufacturing Operator internship position
openings, employees must, at the time of their submission of a bid on such openings, be
currently employed as a Chemical Operator I, Chemical Operator II, or a Machine
Mechanic, and have worked for at least one year and demonstrated proficiency in one or
more of the five production disciplines in which Senior Manufacturing Operators are
expected to demonstrate and maintain a high level of proficiency (., Compounding,
Tableting, Coating, Encapsulation, and Packaging). Employees who successfully bid on
Senior Manufacturing Operator internships shall receive a $ _________/hr. increase upon
moving into an internship assignment or within fifteen days of receiving the bid,
whichever occurs first. Upon becoming certified as proficient in two of the Senior
Manufacturing Operator disciplines, interns shall receive an additional $ _________/hr.
increase in their wages. Additional increases in the amount of $ _________/hr, would
occur for interns who become certified as proficient in the third and fourth disciplines.
Upon certification of an intern's proficiency in the fifth of the five disciplines in which
Senior Manufacturing Operators must demonstrate proficiency, employees shall begin to
receive the appropriate full Senior Manufacturing Operator rate specified above. The
probationary period prescribed in Article XXIX of this Agreement shall apply upon an
employee's initial assignment to a Senior Manufacturing Operator internship and at each
assignment to a new discipline during the employee's internship.
Maintenance Mechanic
Effective Effective Effective Effective Effective
_________(M/D/Y) _________(M/D/Y) _________(M/D/Y) _________(M/D/Y)
_________(M/D/Y)
$ _________ $ _________ $ _________ $ _________ $ _________
Chemical Operator II
25
Effective Effective Effective Effective Effective
_________(M/D/Y) _________(M/D/Y) _________(M/D/Y) _________(M/D/Y)
_________(M/D/Y)
Maximum Rate $ _________ $ _________ $ _________ $ _________ $ _________
The number of Chemical Operator II positions, if any, on each shift and in each
department shall be determined by the Company in its sole and unrestricted discretion.
Machine Mechanic
Effective Effective Effective Effective Effective
_________(M/D/Y) _________(M/D/Y) _________(M/D/Y) _________(M/D/Y)
_________(M/D/Y)
Rate $ _________ $ _________ $ _________ $ _________ $ _________
Chemical Operator I
Effective Effective Effective Effective Effective
_________(M/D/Y) _________(M/D/Y) _________(M/D/Y) _________(M/D/Y)
_________(M/D/Y)
Start $ _________ $ _________ $ _________ $ _________ $ _________
After 3 months from
Date of Hire $ _________ $ _________ $ _________ $ _________ $ _________
After 6 months from
Date of Hire $ _________ $ _________ $ _________ $ _________ $ _________
After 9 months from
Date of Hire $ _________ $ _________ $ _________ $ _________ $ _________
After 12 months from
Date of Hire $ _________ $ _________ $ _________ $ _________ $ _________
Any employee who was classified as a Labeler as of
_________,_________,_________(M/D/Y) shall continue to have his/her rate RED
circled. All Porters hired prior to _________,_________,_________(M/D/Y) shall
continue to be paid at the Supplier/Material handler rate.
9. HOLIDAY BONUS: The Company shall pay a holiday bonus to all
nonprobationary employees beginning in December of 1996. The amount of the bonus
shall be $ _________, with prorated lesser amounts for employees who have worked less
than the full calendar year preceding the date on which the bonus is to be paid. The bonus
checks prescribed in this Section shall be distributed to eligible employees on or before
December 15 of each year.
XVII. HEALTH AND WELFARE
1. The Company agrees to make available to its regular full-time employees (and
their dependents) covered by this Agreement who are actively employed, Health and
Welfare coverage with the BBB UNION, LOCAL 8-149 Welfare Plan, which shall
include dental insurance coverage with a benefit of up to $ _________ per employee per
year. For the remainder of the term of this Agreement, the Employer contribution shall be
% of gross payroll straight time excluding overtime, unused sick pay and unused
vacation pay. This rate shall, however, be adjusted to cover any changes in premium
charges to the Union by its providers during the first four years of this Agreement up to a
maximum aggregate increase of thirty percent over the premium levels in effect on the
effective date of this Agreement, and for any increase of up to seven percent in the fifth
and final year of this Agreement. The Employer shall calculate such contribution for any
26
employee who actually works and/or is paid time for vacation, Article XXII sick leave
and/or holidays for a total in excess of one hundred hours in any calendar month, as if
said employee had worked all scheduled straight time in that month. The contribution on
behalf of any employee whose total paid time for time worked is equal to or less than one
hundred hours shall be calculated on a pro-rated basis by multiplying the amount of a full
contribution by the ratio derived by dividing the amount of the employee's paid time in
that month by the total amount of scheduled straight time in that month, plus any paid
holiday time for which the employee would have been eligible if he had actually worked
all scheduled straight time.
2. EMPLOYEES' ELIGIBILITY: Full-time employees covered by this agreement
are eligible upon completion of one hundred twenty days of continuous active service.
Full-time employees are defined as those employees completing 2,080 hours of service in
a calendar year. Part-time employees are defined as those employees completing at least
1,560 hours of service in a calendar year.
3. The Employer shall contribute to the BBB Union, Local 8-149 Welfare Plan for
those eligible employees who are on family or medical leave pursuant to the terms of
Article IX, and for employees who are on disability and workers' compensation for a
maximum period of six months.
XVIII. CHECKOFF
In a manner and to the extent permitted by law, the Company agrees to deduct each
month from the wages of each of its employees who are members of the Union and who
have voluntarily authorized same, the prescribed union dues and initiation fees, and to
remit the same monthly to the Union. Each authorization shall be in writing, signed by
the employee, and shall be delivered by the Union to the Company. The Union agrees to
indemnify and save the Company harmless from any and all claims and/or disputes
arising out of the Company's actions in compliance with this provision.
XIX. RELOCATION
In the event the Company shall at any time move its operations from its present
location to any other place within a radius of 100 miles, the employees in service with the
Company at the time of such move shall be offered a opportunity for employment in the
new location, and this Agreement shall continue in full force and effect and shall be
applicable to such employees in the new location, provided, however, a majority of the
employees so offered employment relocate and are employed with the Company at the
new location.
XX. UNION SECURITY
1. It shall be a condition of employment that all employees of the Employer covered
by this Agreement who are members of the Union in good standing on the effective date
of this Agreement shall remain members in good standing, and those current employees
who are not members on the effective date of this Agreement, shall, on the thirty-first day
thereafter, become and remain members in good standing in the Union. It shall also be a
condition of employment that all employees covered by this Agreement and hired after
the effective date of this Agreement, shall, on the thirty-first day after said hiring date,
become and thereafter remain members in good standing in the Union.
2. Upon written notice from the Union, the Employer shall discharge any employee
not a member in good standing as defined under the National Labor Relations Act, as
amended.
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XXI. UNION REPRESENTATION AND STEWARDS
1.
(a) The establishment of a Union Committee composed of not more than three
members, which shall also serve as the Grievance Committee and the establishment of a
Steward system is agreed to by the Company. The Union shall be permitted to have two
alternate stewards.
(b) Representatives of the International Union shall be permitted to assist the
Committee at all times, provided that such representatives shall accord at least forty-eight
hours advance notice to the Company's Vice President Human Resources of any need for
access to Company facilities, respect and observe any applicable sign-in and site security
rules, and refrain from interfering with or impeding Company operations or the work of
any employee. In cases of emergency, the Union may request and the Vice President
Human Resources may permit access to Company premises on less than forty-eight hours
notice. Such permission shall not be unreasonably denied.
(c) In the event the Company establishes a second shift, there shall be one steward
employed on the second shift and the Union shall be permitted to have one (1) alternate
steward on said shift.
(d) The Chief Steward and Stewards shall be allowed two hours off, without pay,
four (4) times a calendar year, for the purpose of attending Union Educational and
Training Sessions related to the performance of their responsibilities as stewards at AAA.
(e) The Department Stewards will be expected to perform on a full-time basis the
responsibilities of the jobs to which they are assigned in the bargaining unit. Management
will allow them a reasonable amount of time away from their duties (up to a maximum of
four hours per week) to handle union business, provided a request for such excused time
is made and approved in advance by the Vice President Human Resources or Plant
Manager and the proposed scheduling of the release time requested will not significantly
interfere with or impair the Company's overall interests of ensuring regulatory
compliance and product quality and integrity, and maximizing productivity, efficiency
and safety. The Chief Steward shall be expected to perform on a full- time basis the
responsibilities of a bargaining unit position, except that he will be granted a total of
twelve hours per week to handle Union business, to be scheduled in advance in at least
four hour blocks at times that are mutually agreeable to the Company and the Union, and
which may be changed no more frequently than quarterly. In the event of extraordinary
need, the Vice President Human Resources may, in her sole and unrestricted discretion,
grant a request of the Chief Steward for release time in addition to the weekly period(s)
regularly set aside for Union business pursuant to the terms of this Section. The Chief
Steward's bargaining unit work will be scheduled to be performed on a Monday through
Friday schedule. The Chief Steward shall be eligible for overtime assignments on the
same basis as other similarly situated employees in his classification and so long as he
confines his handling of Union business to the prearranged twelve hour schedule
prescribed above, such hours shall be treated as time worked for purposes of eligibility
for overtime premium pay as provided for in Article IV, Section 3 of this Agreement. All
employment conditions applicable to the Chief Steward under this Section shall also
apply to the Unit Secretary.
2. The Company will make available for the exclusive use of the Union at least one
office with a telephone and a reasonable amount of file space.
28
3. Department Stewards shall be allowed up to three and one-half hours of unpaid
leave to attend each quarterly meeting of the Union. The amount of such leave will vary
based on the individual shift schedule of each Steward, but shall not exceed three and
one-half hours for any Steward. If shift schedules should change in such a manner during
the term of this Agreement as to make the aforementioned amount of release time clearly
inadequate to permit attendance at the quarterly meetings, the Company and the Union
will meet to work out a reasonable accommodation of their respective interests.
Notwithstanding any other provision of this Agreement, the Company reserves the right
to deny any Department Steward's request for leave to attend any one or more quarterly
meetings because of unusual work related problems that would significantly affect
productivity, efficiency, quality or regulatory compliance, although the Company
acknowledges that it expects such instances to be rare. The Union will provide the
Company with a schedule of its quarterly meetings in January of each calendar year.
Each Department Steward shall be responsible for confirming with his or her Supervisor
the time and dates of any release requirements pursuant to this Section one week prior to
the scheduled quarterly meeting with respect to which leave is requested.
XXII. SICK LEAVE, PERSONAL DAYS, LONGEVITY DAY
1. The Company agrees to continue, for the life of this Agreement, its current policy
of paid sick leave. Each employee employed eight months or more, shall be entitled to
five days of paid sick leave per calendar year.
2. New employees shall be eligible to receive paid sick leave at the rate of one day
for each two months of employment to commence after the employee's eighth month of
employment, but not retroactively.
3. Employees not using all or any of the five paid sick days shall have the option of
receiving unused sick pay on or about December 15th of each calendar year, or banking
up to five days for use in the following year. The number of paid sick days an employee
has available shall not affect charging of occurrences under the Company's attendance
policy.
4. Sick days may be used in four hour blocks, but not less, except that employees
assigned to work ten hour shifts must use their sick days in blocks of not less than five
hours.
5. The Company will maintain a record of all sick leave and personal time used by
the employee and provide updated information regarding the amount of sick leave taken
and accrued and unused personal and longevity days to employees on request. If the
Company acquires the payroll accounting capability to provide such information
periodically on payroll stubs or through other means without incurring substantial
additional expense during the term of this Agreement, it shall do so.
6. PERSONAL DAYS: In order to qualify for one personal day per contract year,
the following conditions must be met by an employee:
(a) The employee must give 3 working days advance notice to department
supervisor as to which day is to be taken as a personal day, and
(b) The personal day cannot be added to the employee's vacation period, and
(c) The personal day cannot be taken during a week of a holiday, nor shall it be
taken on a working day before or after a holiday.
(d) The personal day may be used in four hour blocks, or in five hour blocks in the
case of employees assigned to work ten hour shifts. The above conditions must be met for
29
an employee to take the personal day in four or five hour blocks unless a personal
emergency exists.
If all the above conditions are met, said personal day may be taken at the employee's
option.
Subject to the foregoing conditions, employees who have been employed by Barr for five
or more consecutive years, shall be entitled to take one additional personal day per year.
7. LONGEVITY DAY: Those employees who have attained ten years of service or
more shall receive a personal day off with pay as a longevity day. Said employee must
give one week's notice to his Supervisor before taking such day: If there is any limitation
on the number of people taking the longevity day at a particular time, seniority shall
apply. The longe
