Collective Bargaining Agreement, Effective April 1, 1996

AGREEMENT BETWEEN


BARR LABORATORIES


and


LOCAL 8-149


OIL, CHEMICAL, and ATOMIC WORKERS
INTERNATIONAL UNION


EFFECTIVE - APRIL 1, 1996


EXPIRES - MARCH 31, 2001
BARR LABORATORIES, INC.
and
OIL, CHEMICAL AND ATOMIC WORKERS
INTERNATIONAL UNION, LOCAL 8-149
AFL-CIO
COLLECTIVE BARGAINING AGREEMENT
TABLE OF CONTENTS


ARTICLE I. UNION RECOGNITION 1


ARTICLE II. MANAGEMENT RIGHTS 2


ARTICLE III. UNION ACTIVITIES 4


ARTICLE IV. HOURS 5


ARTICLE V. PROBATIONARY PERIOD 12


ARTICLE VI. SENIORITY 13


ARTICLE VII. DISCHARGE AND DISCIPLINE 18


ARTICLE VIII. UNION BULLETIN BOARDS 19


ARTICLE IX. LEAVES OF ABSENCE 20


ARTICLE X. BEREAVEMENT 23


ARTICLE XI. JURY DUTY 23


ARTICLE XII. GENERAL 24


ARTICLE XIII. GRIEVANCES 31


ARTICLE XIV. VACATIONS 37


ARTICLE XV. HOLIDAYS AND HOLIDAY PAY 40


ARTICLE XVI. WAGE INCREASES 42


ARTICLE XVII. HEALTH AND WELFARE 51


ARTICLE XVIII. CHECKOFF 52


ARTICLE XIX. RELOCATION 53


ARTICLE XX. UNION SECURITY 53


ARTICLE XXI. UNION REPRESENTATION AND STEWARDS 53


ARTICLE XXII. SICK LEAVE, PERSONAL DAYS, LONGEVITY DAY 56


ARTICLE XXIII. SHIFT DIFFERENTIAL 58


ARTICLE XXIV. REPORTING AND CALL-IN PAY 58


ARTICLE XXV. SAFETY AND HEALTH 59


ARTICLE XXVI. WASH UP TIME AND REST PERIODS 63


ARTICLE XXVII. TUITION REFUND PLAN 63


ARTICLE XXVIII. LOCKOUTS AND STRIKES 64


ARTICLE XXIX. BIDDING AND POSTING 65


ARTICLE XXX. CREDIT UNION CHECK-OFF 69


ARTICLE XXXI. 401(k) PLAN (EMPLOYEE SAVINGS AND RETIREMENT
PLAN) 69


ARTICLE XXXII. SUCCESSORS AND ASSIGNS 71


ARTICLE XXXIII. SEVERANCE PAY 71


ARTICLE XXXIV. DURATION AND TERMINATION 72


AGREEMENT


AGREEMENT made this ____ day of April, 1996, effective as of


April 1, 1996, by and between BARR LABORATORIES, INC., for its


facilities at 265 Livingston Street, Northvale, New Jersey, 2


Quaker Road, Pomona, New York and 246 Pegasus Avenue, Northvale,


New Jersey; 232 Pegasus Avenue, Northvale, New Jersey and 267


Livingston Street, Northvale, New Jersey (hereinafter


collectively referred to as the "Employer") and OIL, CHEMICAL AND


ATOMIC WORKERS INTERNATIONAL 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 265 Livingston Street, Northvale, New


Jersey, 2 Quaker


1 Road, Pomona, New York, 246 Pegasus Avenue,


Northvale, New Jersey, 232 Pegasus Avenue, Northvale, New Jersey


and 267 Livingston Street, Northvale, New Jersey; 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


2 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 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


3 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


4 and efficient conduct of the Company's operations. 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 (5) consecutive


days, forty (40) hours per week; eight (8) hours per day, from


12:01 a.m. Monday to 12:00 p.m. 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 (1/2) hour unpaid


lunch break between the hours of 7:00 a.m. and 5:00 p.m.


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 (2) weeks in advance of implementation of the


change. Shifts may be established or discontinued in the


5 sole and unrestricted discretion of the Employer on notice to the


Union and the affected employees of thirty (30) calendar days


whenever reasonably practicable, but in any event not less than


fourteen (14) 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 (2) 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 (5)


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 (2) 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.


6


(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 (180)


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 eighty-five cents


($0.85) 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 (10) hours per day shift, exclusive of the thirty


(30) minute unpaid lunch period, at the straight-time wage rate.


For employees assigned to work such a shift, except as otherwise


provided below, forty (40) 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 (5) consecutive day week requirement) as would apply


under Section 1 of this Article to the


7 assignment of employees to work five (5) day work weeks beginning


on those days. The Employer shall also have the option to schedule


two crews to work a ten (10) hour work days in such a manner as to


provide employee coverage in the department on each of the seven (7)


days of the workweek, provided however that in such event employees in


each crew shall be scheduled to work eight (8) consecutive days, with


the first and last of the eight (8) days being on Thursday and


with both crews overlapping for the full ten (10) hour shift on


Thursday. The Employer will provide notice to the Union and


affected employees at least two (2) 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 (15) minutes after working


eight (8) 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 (8) 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 eighty-


five cents ($0.85) per hour for all such weekend hours worked.


3. OVERTIME: Employees shall be paid overtime premium


pay for all hours worked over eight (8) hours in any one day


(except as otherwise provided above in Section 2 of this


Article), or forty (40) 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 hours worked in that week exceed forty


8 (40) 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.


9 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 (4) hours before such


overtime would begin. No employee shall be required to work more


than fourteen (14) hours in any workday or more than fifty-six


(56) hours in 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.


10


5. HOLIDAY WORK: The Company shall, unless


extraordinary hardship would result, give seven (7) days' notice


of overtime work scheduled on a holiday or during a holiday


weekend (i.e., 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 holid ...