Collective Bargaining Agreement, Dated 5/15/95

AGREEMENT


between


ELECTRO-VOICE, INC.


and


LOCAL 662


INTERNATIONAL UNION OF


ELECTRONIC, ELECTRICAL,


SALARIED, MACHINE &


FURNITURE WORKERS


AFL-CIO


1995-1998


2
CONTENTS


AGREEMENT


ARTICLE 1 UNION RECOGNITION.......................................1


ARTICLE 2 PURPOSE OF AGREEMENT....................................1


ARTICLE 3 NON-DISCRIMINATION......................................2


ARTICLE 4 UNION SECURITY AND CHECK-OFF............................2


ARTICLE 5 UNION REPRESENTATION....................................4


ARTICLE 6 GRIEVANCE PROCEDURE - ARBITRATION.......................5


ARTICLE 7 SENIORITY...............................................9


ARTICLE 8 DISCIPLINE AND DISCHARGE...............................17


ARTICLE 9 HOURS AND OVERTIME.....................................18


ARTICLE 10 LEAVES OF ABSENCE......................................22


ARTICLE 11 CLASSIFICATIONS NOT SUBJECT TO BID
PROCEDURES.............................................24


ARTICLE 12 QUALIFYING FOR PREMIUM JOBS............................25


ARTICLE 13 HEALTH & SAFETY........................................26


ARTICLE 14 TIME STUDY.............................................26


ARTICLE 15 REPORT IN/CALL IN/CALL BACK PAY........................27


ARTICLE 16 REST PERIOD - RELIEF OPERATORS.........................28


ARTICLE 17 COMPENSATORY LEAVE FOR SICKNESS OR
COMPELLING PERSONAL REASONS............................28


3 ARTICLE 18 VACATIONS..............................................30


ARTICLE 19 COST OF LIVING ALLOWANCE...............................33


ARTICLE 20 INSURANCE..............................................34


ARTICLE 21 HOLIDAYS...............................................36


ARTICLE 22 PENSIONS...............................................38


ARTICLE 23 MANAGEMENT RIGHTS......................................40


ARTICLE 24 GENERAL................................................41


ARTICLE 25 RATES OF PAY...........................................45


ARTICLE 26 DURATION OF AGREEMENT..................................45


APPENDIX A............................................................48


APPENDIX B............................................................50


APPENDIX C............................................................52


APPENDIX D............................................................54


APPENDIX E............................................................56


APPENDIX F............................................................58


APPENDIX G............................................................60


ii 4
AGREEMENT


THIS AGREEMENT MADE AND ENTERED INTO ON THIS DAY OF MAY 15,1995 BY ELECTRO-VOICE, INC., HEREINAFTER CALLED THE EMPLOYER, AND THE INTERNATIONAL UNION OF ELECTRONIC, ELECTRICAL, SALARIED, MACHINE AND FURNITURE WORKERS, AFL-CIO, AND ITS LOCAL 662, HEREINAFTER CALLED THE UNION.


ARTICLE 1
UNION RECOGNITION


All full-time and regular part-time production and maintenance employees employed by Electro-Voice, Inc., Division of Mark IV Industries, at its Newport, Tennessee plant, including all leadmen, truckdrivers, shipping and receiving employees, stockhandlers and plant clerical employees, incoming inspectors, quality control inspectors, and quality control technicians, BUT EXCLUDING ALL office clerical employees, engineering department employees, production engineering department employees, quality control department clerical employees, production control department employees, assistant foremen, line supervisors, professional employees, guards and supervisors as defined in the Act.


ARTICLE 2
PURPOSE OF AGREEMENT


Section 1. It is the purpose of this Agreement to promote the mutual interest of the Employees and the Employer, to secure a prompt and equitable disposition of grievances, to establish fair wages, hours and working conditions, to secure a peaceful and harmonious relationship and to provide a safe and healthful working environment and to set forth the sole and entire agreement between the Employer and the Union with respect to wages, hours and all other terms and conditions of employment. The parties agree to cooperate fully to secure the advancement and achievement of the above purposes. The principle of a fair day's work for a fair day's pay is jointly recognized.


Section 2. The term "Employee" when used in this Agreement means an employee of the Employer in the Bargaining Unit.


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ARTICLE 3
NON-DISCRIMINATION


Section 1. The provisions of this Agreement shall be applied to all employees without discrimination or preferential treatment for any reason including age, sex, race, color, handicapped, creed or national origin or any other reason prohibited by law.


Section 2. During the first sixty (60) calendar days of continuous employment, all new employees and employees hired after a break of service which terminates their seniority under the provisions of Article 7, Section 8, shall be on probation, have no seniority and may, at the Employees sole discretion be terminated without recourse to the grievance or arbitration provisions and without recall rights during such probationary period, upon completion of the probationary period, their seniority shall be computed as of the latest hiring date.


Section 3. The Employer agrees not to interfere with the rights of its employees to become members of the Union, and there shall be no discrimination, interference, restraint, or coercion by the Employer or any of its agents against any employee because of Union membership or because of his acting as an officer or in any other bonafide activity on behalf of the Union.


Section 4. The Union recognizes its responsibility to represent all employees in the bargaining unit and agrees there will be no discrimination, interference, restraint, or coercion by the Union or any of its agents against any employee because of his refusal to join or participate in the Union or Union activities.


Section 5. All employees male or female shall receive equal pay for equal work as well as all other benefits and conditions and privileges.


ARTICLE 4
UNION SECURITY AND CHECK-OFF


Section 1. During the life of this Agreement the Employer will make deductions of Union membership dues and initiation fees, if payable, for each employee who signs an authorization card which will be furnished to the Employer by the Union. The deduction shall be made from the third paycheck in each month. Such deductions shall be paid promptly to the Financial Officer designated by the Union


2 6 together with two (2) lists of employees from whose pay such deductions were made and the amount of each.


I hereby assign, from my earnings now and hereafter payable to me from the Employer, to Local 662 of the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers, AFL-CIO, a sum equal to Union membership dues and owing by me, an initiation fee, as certified to the Employer by the Local.


This Assignment and Authorization is voluntarily made in consideration of the costs of representation and collective bargaining and is not contingent upon my membership in the Union.


Pursuant to this assignment and irrespective of my present or future membership status in the Union, I authorize and direct you to deduct, while I am employed in the represented bargaining unit of the Employer, such a sum equal to membership dues and, if owing by me, an initiation fee, as certified to the Employer by the Local.


Regardless of my membership status, this Assignment and Authorization shall be irrevocable until a date one year from its effective date, or until the date on which the current collective bargaining agreement between the Employer and the Union is terminated, whichever is earlier. I agree and direct that this Assignment and Authorization shall be automatically renewed, and shall be irrevocable for successive periods of one (1) year each from its effective date, or for the period of each succeeding applicable collective bargaining agreement between the Employer and the Union, whichever period is shorter. This Assignment and Authorization may only be revoked by written notice by individual registered or certified mail, given by me to the Employer and the Union, postmarked not more than twenty (20) days and not less then ten (10) days prior to the expiration date of each one-year period, or the termination date of each applicable collective bargaining agreement between the Employer and the Union, whichever date is earlier.


This Authorization and Assignment supersedes all previous Authorizations and Assignments.


Section 2. The Union agrees to save the Company harmless from any action or actions growing out of these deductions and assumes full responsibility for the disposition of the funds so deducted once they have been turned over to the Financial Secretary of the Union as above provided.


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ARTICLE 5
UNION REPRESENTATION


Section 1. Authorized International Representatives will be admitted to the plant premises during working hours with the permission of the plant manager or his designated representative.


Section 2. Local Union officers will be admitted to the plant premises during hours other than their regular shift with the permission of the plant manager or his designated representative to conduct legitimate Union business.


Section 3. Local Union officers will be granted permission at reasonable times to conduct legitimate Union business during their regular shift.


Section 4. Local Union officers shall be designated as: President, Vice President, Financial Secretary, Treasurer, Recording Secretary, Chief Steward, Time Study Representative, Negotiating Committee and Stewards in their area of jurisdiction.


Section 5. Stewards will be chosen from and assigned to the following areas: Zones 1, 2, 3, 4.


Zone 1: Department 19, 26, 36, 37, 38, and 39 Zone 2: Department 27 Zone 3: Stockroom, Receiving Department, Quality Control
Inspector, Quality Control Technicians, Truck Drivers,
Material Handlers, Maintenance, Tool Room, Custodian,
Janitor, Matron, Tool Crib. Zone 4: Shipping Department


Note: The Set-Up person shall be represented by the appropriate
Steward in the zone to which the person is assigned.


Section 6. Should there be a substantial change in the level of employment, other than temporary lay-offs as provided in Article 7, Section 5 a, b, a commensurate change in the number of stewards may be made by mutual agreement between the Employer and the Union. If by agreement the number of stewards is reduced, which steward is to cease to function as a steward shall be determined by the Union.


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Section 7. The second and/or third shifts in excess of three (3) or more employees shall warrant a steward. Such Steward shall be assigned regular full time work.


Section 8. If more than three (3) employees are working, a steward shall also be offered work if he is qualified to perform the work available. If not qualified, the Union may designate an alternate from among those employees working.


Section 9. Should the Union seek a renewal of this Agreement it shall select a negotiating committee of not to exceed five (5) members to negotiate with the employer. In the event of such negotiations, the employer will pay all hours in any day (8) that a meeting is scheduled with the employer. This applies to each negotiating committee member.


Any meetings between the Company and Union deemed necessary by mutual agreement to discuss contract provisions shall include the Negotiating Committee and shall be held during working hours without loss of earnings. The only exceptions to this agreement will be grievance meetings as outlined in Article 6 of this contract.


ARTICLE 6
GRIEVANCE PROCEDURE - ARBITRATION


Section 1. Employees are encouraged to discuss day to day problems with their immediate supervisors without resorting to the formal grievance procedure. However, if an employee believes a provision of this contract has been violated, he shall process his grievance as outlined below.


Section 1A. Grievances and all answers to grievances (other than those settled in Section 3A, Step 1) shall be in writing and signed by the aggrieved employee or employees and, or the Union and submitted within the time limits hereinafter set forth.


Section 2A. Grievances concerning disciplinary action or discharge must be filed in writing, within five (5) working days or receipt of notification of such action, or such grievances shall not be valid. In the event of disciplinary action or discharge the specific reason for such action will be given in writing at the time to the employee with a copy to the union.


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Section 2B. All other grievances must be filed in writing within ten (10) working days after the occurrences of the event on which it is predicated provided, however, that grievances concerning payroll errors or wage adjustments maybe filed in writing within twenty (20) working days, unless either party shall request in writing an extension of time for further investigation of the issue.


Section 3. All differences, disputes and grievances that may arise between the Union and the Employer shall be taken up as follows:


(a) Step 1. Between the aggrieved employee on one hand and the employee's foreman on the other. Either party may request the presence of the area steward.


If no satisfactory settlement is reached between them within twenty-four (24) hours the matter shall be reduced to writing and referred to Step 2.


(b) Step 2. A meeting will be held within twenty-four (24) hours between the Chief Steward, Steward, and the Company. Either party may request the presence of the grieving employee and/or additional witnesses or the supervisor for the purpose of giving testimony. Any settlement reached in this step shall be in writing and signed by the Human Resource Manager and the Chief Steward. If no settlement is reached in Step 2, the grievance may be appealed within twenty-four (24) hours.


(c) Step 3. A meeting will be held within ten (10) consecutive working days after notice of appeal from Step 2 is received with President or Vice President, Chief Steward and the Recording Secretary of the Local and/or representative of the International Union, and the Plant Manager or his designated representative. Any settlement reached in this meeting shall be in writing and signed by the Union and the Company. If settlement is not reached the grievance will be submitted to arbitration within twenty (20) working days.


Time periods specified throughout this article may be extended by mutual agreement.


(d) In respect to the steps of the grievance procedure, Union officials will be paid a maximum number of hours in accordance with the following:


Steward: (in area of jurisdiction) Six (6) hours per week. Chief Steward: Eight (8) hours per week (accrue two hours). The Chief Steward will also be allowed to use up to fifteen (15) hours of time unused by Zone Stewards during the


6 10 following week. Time Study Representative: Six (6) hours per week, subject to additional paid time allowance by mutual agreement between the Company and the Union. President or Vice-President: (as defined in Article 5, Section 4) Four (4) hours per week. (total for the two officers for time spent in Step 3). Recording Secretary: Four (4) hours per week for time spent in Step 3 grievance meeting. However, the above identified officials shall be allowed to take off such additional time as the legitimate processing of grievances might require without pay from the employer. In Step 3 the Chief Steward will be entitled to a maximum of an additional four (4) hours.


Section 4. The Union agrees that all stewards will investigate grievances in the shortest time possible. Any shop steward (as differentiated from a chief steward) when requested, shall have the right to investigate a grievance within his area of jurisdiction during working hours on Step 1 and Step 2 grievances. In the absence from work of a steward, his designated alternate or his chief steward may act in his place. When a steward is called upon to investigate or work on a grievance during working hours, he will do so according to the following procedure. The employee's immediate supervisor will be responsible for contacting the appropriate steward and will do so without undue delay.


(a) The steward shall not leave his job without prior notice to his immediate supervisor. In the event that the steward is working on a job where a replacement is required, such replacement will be made within the shortest possible time.


(b) Prior to leaving his job the steward will request a "Union Affairs Pass" of the immediate supervisor and he must return the pass to such supervisor when returning to the job. Such supervisor will indicate the time on the "Union Affairs Pass" that the steward leaves his work and the time he returns to work from his grievance investigation.


(c) If the steward is entering an area under the supervision of someone other than the individual issuing the "Union Affairs Pass", he shall inform the supervisor of the reasons for his entering the department.


(d) Upon receipt of the "Union Affairs Pass", the shop steward may leave his work station. When finished with his Union business he must immediately return to his work area, fill out an indirect labor ticket for the time spent on Union business, turn it in to his supervisor and return to work.


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(e) Shop stewards will not investigate grievances in other areas of jurisdiction.


(f) In the event any employee is to be discharged or disciplined and is required to leave the plant, he shall remain in the Human Resource Department and the Chief Steward shall be called in for discussion, without undue delay.


Section 5. The Union agrees there will not be any strike, sit down, slow down, work stoppage, mass absenteeism for concerted action, boycott or any other form of action which results in delays, stoppage of work or production during the term of this Agreement, however, is not a violation of this provision for the International or the Union to call a strike over work measurement standards or new job classifications in accordance with the procedures provided below.


In the event of such a work measurement standards or new job classification dispute or difference, a grievance shall first be filed and processed through the steps of the grievance procedure shod of arbitration. Exercise of the aforementioned right to strike shall require previous reference to this unsettled grievance together with the Company's final written grievance answer to the International Union for its consideration, and an opportunity thereafter for representatives of the Local and the International Union and the Company to meet and discuss the question. If the grievance is not settled following such a meeting and discussion, within thirty (30) days thereafter, the International Union, by written notice signed by an officer thereof, may notify the Company that the Local Union concerned and the International Union have authorized a strike of the bargaining unit as provided by the Constitution of the International Union.


A strike as provided herein shall not begin earlier than fifteen (15) days, nor later than thirty (30) days, following Company receipt of a strike notice.


The foregoing provides only a strike right, and does not permit any other curtailment of or interference with operations, such as slowdown. The Employer agrees that there will be no lockout during the term of this Agreement.


ARBITRATION


Section 1. All differences, disputes, and grievances between the parties which shall not have been satisfactorily settled after following the procedure, (except as provided for in Article 6, Section 5) hereinabove set forth shall, at the request of either


8 12 party, be appealed to arbitration within twenty (20) working days after the time limitation set forth in C Step 3 of the grievance procedure.


(a) Upon the issuance of such an appeal, the parties will attempt to select an arbitrator by agreement. If they fail to agree upon an arbitrator within five (5) working days, a joint request will be submitted to the American Arbitration Association within ten (10) working days by the President of the Local or his designated representative and the Human Resource Manager or his designated representative for a panel of seven (7) arbitrators.


(b) An arbitrator will be selected from this panel by the Union and the Employer alternately striking names from the panel until one name remains.


(c) Should the entire panel be unacceptable to either party they shall request another panel from the Association.


Section 2. It is the intent of the parties to settle differences, disputes and grievances by responsible bargaining and not resorting to arbitration as a substitute for such responsibility. It is agreed that the parties shall equally bear the cost of the arbitrators fee and expense. An arbitrator shall be authorized only to interpret and apply the provisions of this agreement to the extent necessary to decide the submitted grievance and shall not have authority to add to, detract from or alter in any way the provisions of the agreement. The parties agree that more than one grievance may be submitted to one arbitrator at any one time. Exceptions shall be made only by mutual agreement.


Section 3. The Employer will furnish the hearing room. Legal fees and expenses of case preparation shall be borne by the respective parties.


ARTICLE 7
SENIORITY


Section 1A. Seniority is the length of the employee's service with the Employer from last date of hire.


Section 1B. Seniority will be accumulated during periods of lay-off or for approved leave of absence for the length of time equal to continuous service or nine (9) months whichever is greater at the time of lay-off or for approved leave of absence


9 13 providing the employee has at least sixty (60) days of service, with exception of 3A of this Article and Article 10, Section 1C.


Section 1C. On the day following the effective date of this Agreement a complete seniority list shall be posted in a conspicuous place at all times. Any protest as to the proper seniority date of an employee after his or her hire-in date must be made in writing within thirty (30) days. No protest being filed within this thirty (30) day period, the seniority date as posted shall be considered correct and final.


Section 2A. The Employer shall provide the Union with up-to-date seniority lists each month, so arranged that the employee with the greatest seniority will be first on the list; and the employee with the lowest seniority will be last. The Employer shall notify the Union in writing of any changes as they occur between issuance of the above lists.


Section 2B. Job classification seniority records shall be maintained in the Human Resource Office and made available to the employee and/or the Union on request. Separate job classifications seniority records shall be maintained for each shift.


Section 3A. Employees will be granted leaves of absence for the following reasons. Seniority will continue to accumulate during entire period of leave of absence. Period of time of such leaves of absence shall apply as credited service for pension benefits but shall be limited to four (4) years with regard to public office.


1. Hold full time public office.


2. Upon written request to the Employer from the President of the International Union or the President of District 7 of the International Union to hold full time office in the IUE-AFL-CIO.


3. To hold full time office of the Local Union.


4. To serve short term mission for the Union such as delegates, etc.


5. To hold full time office in State and Central Labor Councils of AFL-CIO State of Tennessee.


Section 3B. Leaves of absence shall not be granted for the purpose of securing other employment. Employees on leave found to be in other employment,


10 14 without notifying the Employer, shall be considered as a voluntary quit, except as provided for in 3A above.


Section 3C. On and after the effective date of this agreement employees formerly advanced from bargaining unit jobs, or employees accepting positions outside the bargaining unit shall have their seniority frozen as of that date, with the privilege of accumulating thirty (30) calendar days in each one (1) year period in which to make a determination to return to the bargaining unit.


Said employees who do not return in the thirty (30) day period as outlined above, shall be considered to have no bargaining unit seniority. (Any time in any day counts as a full day.)


Those employees who choose to return to the bargaining unit shall return to the job classification held at the time they left the bargaining unit, seniority permitting.


A list of employees, along with seniority date, and job classification held will be given to the Union prior to such movement as described above.


Section 3D. Employees who are on leave for less than two (2) years or vacation shall return to the job classification, shift, department, line or normal permanently assigned job, Section 4A2, they held at the beginning of leave or vacation. If such job classification, shift, department, line or normal permanently assigned job they held are not available they shall exercise their seniority to bump. (As determined by Union records.) ...