Collective Bargaining Agreement, Dated 6/1/92

AGREEMENT


between


ELECTRO-VOICE, INC.


and


LOCAL 663


INTERNATIONAL UNION OF


ELECTRONIC, ELECTRICAL,


SALARIED, MACHINE &


FURNITURE WORKERS


AFL-CIO


1992-1995


2
TABLE OF CONTENTS


Page
---- PREFACE AGREEMENT ................................................................................1 ARTICLE 1 UNION RECOGNITION...............................................................1 ARTICLE 2 PURPOSE OF AGREEMENT............................................................1 ARTICLE 3 NO DISCRIMINATION...............................................................2 ARTICLE 4 UNION REPRESENTATION............................................................2 ARTICLE 5 UNION SECURITY & CHECK OFF......................................................4 ARTICLE 6 GRIEVANCE PROCEDURES ARBITRATION
GRIEVANCES......................................................................6 ARTICLE 7 SENIORITY.......................................................................9 ARTICLE 8 DISCIPLINE & DISCHARGE.........................................................14 ARTICLE 9 HOURS & OVERTIME...............................................................16 ARTICLE 10 LEAVE OF ABSENCE...............................................................19 ARTICLE 11 PROBATIONARY PERIOD............................................................23 ARTICLE 12 QUALIFYING FOR PREMIUM JOBS....................................................23 ARTICLE 13 ...............................................................................24 ARTICLE 14 HEALTH & SAFETY................................................................24 ARTICLE 15 TIME STUDY.....................................................................25 ARTICLE 16 REPORT IN/CALL IN/CALL BACK PAY................................................26 ARTICLE 17 MANAGEMENT RIGHTS..............................................................26 ARTICLE 18 COMPENSATORY LEAVE FOR SICKNESS
OR EMERGENCIES.................................................................27 ARTICLE 19 VACATION.......................................................................28 ARTICLE 20 COST OF LIVING ALLOWANCE.......................................................32 ARTICLE 21 INSURANCE......................................................................33 ARTICLE 22 HOLIDAYS.......................................................................36 ARTICLE 23 PENSION........................................................................37 ARTICLE 24 GENERAL........................................................................39 ARTICLE 25 WAGE PROGRESSIONS..............................................................44 APPENDIX A ...............................................................................45 APPENDIX B ...............................................................................47 APPENDIX C ...............................................................................48 APPENDIX D ...............................................................................49 APPENDIX E ...............................................................................50 APPENDIX F ...............................................................................51 APPENDIX G ...............................................................................52 APPENDIX B NEW HIRES RATES 1ST YEAR.......................................................53


i 3 APPENDIX B NEW HIRES RATES 2ND YEAR.......................................................54 APPENDIX C NEW HIRES RATES 1ST YEAR.......................................................55 APPENDIX C NEW HIRES RATES 2ND YEAR.......................................................56 APPENDIX D NEW HIRES RATES 1ST YEAR.......................................................57 APPENDIX D NEW HIRES RATES 2ND YEAR.......................................................58 APPENDIX E NEW HIRES RATES 1ST YEAR.......................................................59 APPENDIX E NEW HIRES RATES 2ND YEAR.......................................................60 APPENDIX F NEW HIRES RATES 1ST YEAR.......................................................61 APPENDIX F NEW HIRES RATES 2ND YEAR.......................................................62 APPENDIX G NEW HIRES RATES 1ST YEAR.......................................................63 APPENDIX G NEW HIRES RATES 2ND YEAR.......................................................64 ARTICLE 26 DURATION OF AGREEMENT..........................................................65 CALENDARS


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AGREEMENT


This Agreement made and entered into on this 1st day of June, 1992, by ELECTRO-VOICE, INC., hereinafter called the EMPLOYER, and the INTERNATIONAL UNION OF ELECTRONIC, ELECTRICAL, TECHNICAL, SALARIED and MA CHINE & FURNITURE WORKERS, AFL-CIO and its LOCAL 663, hereinafter called the UNION.


ARTICLE 1
UNION RECOGNITION


The Employer recognizes the Union as the sole and exclusive collective bargaining agent for all full time and regular part-time production employees, at the Employers Sevierville, Tennessee plant, including truck drivers, shipping and receiving employees, quality control department employees, production control department employees and plant clerical employees, BUT EXCLUDING office clerical employees, engineering department employees, assistant foremen, and professional employees, guards and supervisors as defined in the Act. The foregoing as provided for in Certification Case Number 10-RC-9817, dated February 11, 1974.


ARTICLE 2
PURPOSE OF AGREEMENT


Section 2.01. 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 co operate fully to secure the advancement and achievement of the above purposes. The prin ciple of a fair days work for a fair days pay is jointly recognized.


Section 2.02. The term "Employee" when used in this Agreement means an employee of the Employer in the Bargaining Unit. 5
ARTICLE 3
NO DISCRIMINATION


Section 3.01. The provisions of this Agreement shall be applied to all employees without discrimination or preferential treatment for any reason including age, sex, race, color, creed, national origin, handicap or any other reason prohibited by law.


Section 3.02. 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 be cause of Union membership or because of his acting as an officer or in any other bonafide activity on behalf of the union.


Section 3.03. The Union recognizes its responsibility as a result of NLRB certification 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.


ARTICLE 4
UNION REPRESENTATION


Section 4.01. The officers or any authorized representative or officials of the Union shall have admission, from the Employer, to the plant or premises of the Employer at any time during working hours for the purpose of ascertaining whether or not this Agreement is being observed by the parties thereto, or for assisting in the adjustment of grievances. Such admission shall be through the receptionist who will refer the representatives to the Personnel Department for the issuance of a pass without undue delay.


Section 4.02. Authorized representatives shall be: Officers and representatives of the IUE-AFL-CIO or District 7 of such Union: The President, Chief Steward, Vice- President, Recording Secretary, Financial Secretary, Trustees, Sgt.-At-Arms, and Stewards in their areas of representation.


The above identified officers shall be allowed to take a reasonable amount of time off from work to attend to the affairs of the local without pay from the Employer, provided that a Union Affairs Pass stating the general purpose of the absence is submitted to the Personnel Manager in advance. This time off will not be charged against these officers in any way. The Employer reserves the right to postpone such absences in case of emer-


2 6 gency. The Union agrees to control and regulate abuses in regard to the amount of time and frequency of absences for such union business.


These authorized representatives shall be entitled to enter the plant in hours other than their regular shift in accordance with Section 4.01 of this Article. Should there be no receptionist on duty they may be admitted by contacting the supervisor in charge and securing a "Union Affairs Pass."


Section 4.03. Stewards will be chosen from and assigned to the following areas: Zones 1, 2, 3 and 4.


Zone 1. Lines 1 and 2, Quality Control, Roving inspectors, Tool Crib, Tool and Die, Set-Up, Glue Center, Salvage, Custodian, Fabrication Area, Cable, Engraver, Mini-Jector, and Tube and Damping.


Zone 2. Lines 3, 4 and 5.


Zone 3. Lines 6, 7, 8 and Back Electret.


Zone 4. Receiving Inspectors, Truck Driver, Material Handler, Miscellaneous, Shipping Clerk, Stockroom, Head Line, Production Control, Charge Machine and RE 2000 Specialist.


If the Employer places employees on the second shift or third shift, there will be a steward appointed and elected to represent employees on the shift in question. This elected steward will continue to represent all employees until the number of employees exceeds twenty-five (25). When the number of employees exceeds twenty-five (25), there will be another steward appointed and/or elected.


Section 4.04. Should there be a substantial change in the level of employment, a commensurate change in the number of stewards may be provided for by mutual agreement between the Employer and the Union.


Should the number of stewards, under this section, be reduced or increased the Union will determine the steward affected.


Section 4.05. If five (5) or more employees are scheduled to work at any time other than the regular shift (Monday - Friday), the Employer will notify the proper union steward, chief steward or representative as soon as possible of the need for union representation. The steward or his designated alternate, chosen at the option of the union, must


3 7 be present. The steward or his designated alternate working solely to provide representation shall be assigned any full time work in the zone which they are representing in addition to the number of employees needed. The steward will also be placed in the area with in the zone with the largest number of employees working. If five (5) or more employees are working in various zones the steward or his designated alternate shall be assigned work in the zone with the largest number of employees working. These are exceptions to the above in this section:


(A) When the steward or designated alternate is one of the normal
operators asked to work overtime.


(B) When the steward or designated alternate is eligible by the turn
sheet to work the overtime.


Section 4.06. 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 the number of International Representatives not included. In the event of such negotiations, the Employer will pay for all scheduled work hours lost at the employee's regular earnings to each Negotiating Committee member for all time spent in meetings with the Employer's representatives.


ARTICLE 5
UNION SECURITY & CHECK OFF


Section 5.01. 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 cord which will be furnished to the Employer by the Union. The deductions shall be made from the first and/or third pay check of each month. Such deductions shall be paid promptly to the Financial Officer designated by the Union together with a list of employees from whose pay such deductions were made and the amount of each.


I hereby assign, from my earnings now or hereafter payable to me from the Employer, to Local 663 of the International Union of Electronics, Electrical, Salaried, Ma chine and Furniture Worker's AFL-CIO, a sum equal to Union membership dues and, if owing by me, an initiation fee, as certified to the Employer by the Local.


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This Assignment and Authorization is voluntarily made in consideration of the costs of representation and collective bargaining and is not contingent upon my member ship 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 rep resented bargaining unit of the Employer, such a sum equal to membership dues, and it 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 cur rent 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 period of one (1) year each from its effective date, or for the periods 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, post marked not more than twenty (20) days and not less than ten (10) days prior to the expiration date of each one-year period, or the termination date of each applicable collective bar gaining agreement between the Employer and the union, whichever date is earlier.


This Authorization and Assignment supersedes all previous Authorizations and Assignments.


Employees who have not previously authorized deductions or who have revoked check-off as above provided may authorize deductions effective the first day of any calendar month.


Section 5.02. 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 6
GRIEVANCE PROCEDURES
ARBITRATION GRIEVANCES


Section 6.01. Grievances and all answers to grievances (other than those in 6.03A) shall be in writing and signed by the aggrieved employee or employees and/or the union and submitted within the time limited hereinafter set forth.


Section 6.02. (A) Grievances concerning disciplinary action or discharge must be filed in writing, within five (5) working days of receipt of notification of such action, or such grievances shall not be valid. In 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.


(B) All other grievances must be filed in writing within ten (10) working days after the occurrence of the event on which it is predicated provided, however, that grievances concerning payroll errors or wage adjustments must be filed in writing within sixty (60) working days, unless either party shall request in writing an extension of time for further investigation of the issue.


Section 6.03. 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 the 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. (The twenty-four (24) hour period may be extended by
mutual consent.)


(B) Step 2 - The Chief Steward, steward, department head, and a
representative of the Personnel Department. The Employer or the Union may
request the presence of the employee(s) or the foreman or additional
witnesses for the purpose of giving testimony.


If no satisfactory settlement is reached between them within twenty
four (24) hours the matter shall be referred to Step 3. (The twenty-four
(24) hour period may be extended by mutual consent.) Such settlement shall
be reduced to writing.


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(C) Step 3 - Three (3) Local Union representatives and/or
representative of the International Union on the one hand and up to four
(4) Management representatives on the other.


By mutual agreement, policy or Committee grievances will go directly
to the third step.


If no satisfactory settlement is reached between them within ten (10)
working days, the matter may be appealed to arbitration. The ten (10) day
period may be extended by mutual consent. Such settlement shall be in
writing.


(D) In respect to the steps of the grievance procedure, union
officials will be paid a maximum number of hours (31) per week. These
hours can be used by the President, Vice-President, Chief Steward or the
stewards.


Unused hours by the above officers and stewards may be accrued from
week to week. 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 addition the three (3)
Local Representatives four (4) hours in Step 3.


Section 6.04. The Union agrees that all stewards will investigate grievances in the shortest period of time possible. Any zone 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 grievances. In the absence from work of a steward, 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 must 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.


The chief steward and Personnel Manager may be requested to participate in Step 1 of the grievance procedure for consultation purposes. The purpose of this provision is to assure proper training and development of both supervisors and stewards in the skills necessary for resolution of complaints and grievances in Step 1 of the grievance procedure.


(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.


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(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 Zone Steward may
leave his work station. When finished with his union business, he must
immediately return to his work area.


(E) Zone 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 Personnel
Department and the chief steward and steward shall be called in for
discussion.


Section 6.05. The Union agrees there will not be any strike, sit down, slow down, work stoppage, mass absenteeism for concerted action, boycott, sympathy strike, or any other form of action which results in delays, stoppage of work or production during the term of this Agreement. The Employer shall have the right to discharge or otherwise discipline any employee who engages in conduct in violation of this clause. The Employer agrees that there will be no lockout during the term of this Agreement.


ARBITRATION


Section 6.06. All differences, disputes, and grievances between the parties which shall not have been satisfactorily settled after following the procedure herein above set forth shall, at the request of either party, be appealed to arbitration within ten (10) working days after the time limitation set forth in 6.03(C) 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 Federal Mediation and Conciliation Service within ten (10) working
days by the president of the Local or his designated representative and
the Industrial Relations Manager or his designated representative for


8 12
a panel of seven (7) arbitrators. Such arbitrators shall be members of the
American Arbitration Association.


(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 Service.


Section 6.07. 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 arbitrator's 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 not more than two (2) related grievances shall be heard by the same arbitrator at one (1) arbitration hearing, or continuation thereof.


However, the two (2) such related grievances must be no more than ninety (90) days apart in occurrence. Exceptions shall only be made by mutual agreement.


Section 6.08. 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 7.01. (A) Seniority is the length of the employee's service with the Employer from last date of hire.


(B) On the day following the effective date of this Agreement a complete seniority list shall be posted in a conspicuous place to be mutually agreed upon by the Employer and the Union. It shall remain posted for twenty (20) working days. Any protest as to the proper seniority of an employee must be made in writing within this twenty (20) day period. No protest being filed within this twenty (20) day period, the seniority date as posted shall be considered correct and final.


Section 7.02. (A) The Employer shall provide the Union with up-to-date seniority lists each month, so arranged that the employee with the greatest seniority will


9 13 be first on the list, and the employee with the lowest seniority will be last. The Employer shall also notify the Union in writing of any changes as they occur between issuance of the above lists.


(B) Classification seniority records shall be maintained in the Personnel Office and made available to the employee and/or the appropriate union steward on request.


Section 7.03. (Al) Employees with sixty (60) calendar days and up to six (6) months seniority shall accumulate seniority for six months from date of lay-off or start of leave of absence unless otherwise provided for in Section 7.03 B2, 7.03 B3, 7.03 B4, or 7.03 B5, of this Article. If the duration of the leave or lay-off exceeds six (6) months, the employee shall return to the lowest labor grade.


(A2) Employees with six (6) months of seniority and up to two (2) years seniority shall accumulate seniority for two (2) years from date of lay-off or start of leave of absence unless otherwise provided for in Section 7.03 B2, 7.03 B3, 7.03 B4 ...