Collective Bargaining Agreement, Dated 3/18/93

EXHIBIT 10(j)


AGREEMENT


BETWEEN


ELECTRO-VOICE, INC.


AND


LOCAL 900


INTERNATIONAL UNION OF
ELECTRONIC, ELECTRICAL, SALARIED,
MACHINE AND FURNITURE WORKERS


AFL-CIO


1993-1996


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TABLE OF CONTENTS


Page


ARTICLE 1 Union Recognition...................................................1 ARTICLE 2 Union Shop..........................................................2 ARTICLE 3 Hours and Overtime..................................................2 ARTICLE 4 Holidays............................................................8 ARTICLE 5 Seniority...........................................................9 ARTICLE 6 Discipline and Discharge...........................................14 ARTICLE 7 Leave of Absence...................................................15 ARTICLE 8 Military Service...................................................19 ARTICLE 9 Inter-Plant Transfer...............................................20 ARTICLE 9A Procedure for Using Extra Help
On Premium Jobs....................................................20 ARTICLE 10 Vacations..........................................................22 ARTICLE 11 Bulletin Boards....................................................26 ARTICLE 12 Union Representation...............................................26 ARTICLE 13 Rest Periods.......................................................27 ARTICLE 14 No Discrimination..................................................28 ARTICLE 15 Supervisors........................................................28 ARTICLE 16 Seniority - Out of Bargaining Unit.................................28 ARTICLE 17 Working Conditions.................................................29 ARTICLE 18 Time Study.........................................................29 ARTICLE 19 Payment for Jury Duty and
Voting on Election Day.............................................29 ARTICLE 20 Notice of Proposed Layoffs.........................................30 ARTICLE 21 Information to Union...............................................30 ARTICLE 22 Job Evaluation.....................................................31 ARTICLE 23 Pension and Severance..............................................31 ARTICLE 24 Group Insurance....................................................32 ARTICLE 25 Posting of Agreement...............................................34 ARTICLE 26 Grievances.........................................................34 ARTICLE 27 Arbitration........................................................35 ARTICLE 28 Tool Room Seniority and Qualifications.............................36 ARTICLE 28AMaintenance Department Seniority...................................37 ARTICLE 29 Premium Job-Transfers..............................................38 ARTICLE 30 Premium Job Layoffs and Recall.....................................38


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Page ARTICLE 31 Shift Bumping......................................................39 ARTICLE 32 Cost of Living.....................................................39 ARTICLE 33 Job Posting........................................................39 ARTICLE 34 General............................................................42 ARTICLE 35 Compensatory Leave for Sickness or Emergencies.....................44 ARTICLE 36 Hourly Rates.......................................................45 ARTICLE 37 Job Descriptions...................................................50 ARTICLE 38 Plant Closure......................................................72 ARTICLE 39 Duration of Agreement..............................................72


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AGREEMENT


Agreement entered into this 18th day of March, 1993 between Electro-Voice, Inc., Buchanan, Michigan, hereinafter called the "Employer" and Local 900 International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers, AFL-CIO, herein called the "Union."


The parties of this agreement recognize that without mutual understanding, harmony and cooperation among employees, and between employees and employer, it is impossible to operate a business with the economy and efficiency indispensable to its very existence. We recognize that it is mutually advantageous to work together to maintain high standards of living, safe, healthful working conditions, and promote economic and efficient operations in order that our service to the buyer will enable the business of the Company to prosper and provide steady employment. We agree to the fullest extent in obtaining the aforementioned results and recognize the principle of giving a fair day's work for a fair day's pay.


To achieve these ends both parties agree the Company shall have the right to move employees to other jobs within their wage group to promote efficiency. Such moves shall be made fairly and without discrimination.


No employee or employees shall be requested to perform any premium jobs as long as there are employees cut back and/or bumped with recall rights from their premium jobs. Employees upgraded to premium jobs over the normal amount of operators shall be charged to extra help.


Any employee on a premium job that is temporarily out of work due to machine breakdown or material shortages may be utilized on any equal or lower grade job for the remainder of that shift. This displaced employee will not be utilized on any unstaffed jobs for more than one shift.


ARTICLE 1
UNION RECOGNITION


Section 1. The Employer recognizes the Union as the sole and exclusive collective bargaining agent for all production and maintenance employees and all apprentices, excluding office help, engineers, and supervisory employees who have authority to hire and fire, with respect to rates of pay, wages, hours of employment, and all other conditions of employment. All individual exclusions from the bargaining unit must be mutually agreed upon by the Employer and the Union.


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ARTICLE 2
UNION SHOP


Section 1. As a condition of employment all employees covered by this agreement shall within 30 days after date of execution of this agreement or in case of new employees immediately after completion of their probationary period (60 days of work for tool and die makers, machinists, and maintenance department, 45 days of work for all other new employees) become members of the Union. A partial day worked shall be construed as a day of work.


Section 2. The employer for said employees shall deduct each week the Union dues and assessments and promptly remit the same to the Financial Secretary-Treasurer of the Union, in accordance with data submitted by the Union.


In the event a probationary employee incurs an obvious plant injury after working at least 15 days, any subsequent time lost due to such injury shall be credited to his qualifying time.


Section 3. New employees excepting tool and die makers, machinists, and maintenance department shall be considered on probation for the first 45 days of work. Tool and die makers, machinists, and maintenance department shall be considered on probation for the first 60 days of work. All probationary employees will be placed on the seniority list as of date of hire upon completion of their probationary time.


Section 4. A partial day shall be construed as a day of work for all probationary employees. A partial week shall be regarded as a work week. Saturdays, Sundays and holidays worked shall be credited to probation time.


Section 5. In case a dispute arises as to whether or not an employee has failed to maintain his Union membership in good standing, the Union agrees to assume any liability that may arise from any acts of the Company which result from its reliance on representation of facts by the Union.


ARTICLE 3
HOURS AND OVERTIME


Section 1. The work week shall be 40 hours per week, 8 hours per day, 5 days per week from Monday through Friday, inclusive.


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Both parties acknowledge that problems relative to hours of work and the school hours of the children of employees are problems of mutual concern and interest to both Company and Union.


Therefore, in the interest of attempting to minimize any conflict in work hours vs. school hours, it is agreed that the following hours of work will be observed.


(A) Beginning with the first Monday in June thru Labor Day:


1. FIRST SHIFT.......................................7:00 a.m.-3:30 p.m.


SECOND SHIFT....................................3:30 p.m.-12 MIDNIGHT


THIRD SHIFT......................................10:30 p.m.-7:00 a.m.


(B) Beginning with the first Tuesday after Labor Day to the first Monday in
June:


1. FIRST SHIFT.......................................8:00 a.m.-4:30 p.m.


SECOND SHIFT......................................4:30 p.m.-1:00 a.m.


THIRD SHIFT......................................11:30 p.m.-8:00 a.m.


(C) Paychecks will be issued on Friday mornings or on the morning of the last
scheduled work day. The only exception would be if a pay day is on a
Wednesday and checks cannot be run on computers in time for Wednesday
morning distribution.


Section 2. All work performed in excess of 8 hours in any single day, in excess of 40 hours in any given week, and all work performed on Saturday shall be paid at the rate of time and one-half except overtime shall not be pyramided.


When shift hours have been established, a maximum of 2 hours overlap will be allowed for an off shift. When the overlap exceeds 2 hours the employee shall be paid the premium rate for the full 8 hours worked.


Recognizing that it may sometimes be necessary to provide an overlap shift, it shall be established by mutual agreement between the Company and the Union.


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Section 3. Double time shall be paid for all work done on Sundays. For holidays see Article 4.


Section 4. Overtime work shall be performed by the operator normally on the job on which the overtime occurs. A normal operator shall be defined as one with the most time spent on the job in a given shift or pay period in which the overtime occurs. Overtime shall be divided as equally as possible between normal operators on the job.


Should overtime be offered and the employee refuse it, they shall be charged with such overtime. Once an employee is offered overtime and refuses, the Company shall not offer overtime to that employee for any job for that specified time period.


No more than 10 hour inequity on turn sheet between operators with exception of Tool Room Classification. Overtime will be divided as equally as possible on all jobs that all classifications can perform. The Tool Room turn sheet will be kept by the Tool Room supervisor.


Should an employee wish not to be considered for overtime on a continuous basis, notification is to be given to the supervisor in writing with a copy to the Chief Steward. The Company will not consider a person eligible for overtime until notification is withdrawn.


No employee shall be moved for the purpose of overtime. Notice of overtime must be given by the Company 2 hours prior to daily overtime.


Such division of overtime shall be controlled by use of a turn sheet which shall be maintained by the departmental supervisor to be reviewed by area steward and supervisor.


Seniority shall govern the selection of personnel for overtime on the job at the start of the turn sheet. The turn sheets will start on June 19, 1990, and continue for the length of the contract. Any employee on vacation or leave shall be charged with overtime. When overtime is required as a result of an absence of any employee, the absent employee will also be charged with the overtime. Employee entering into a new job shall assume the maximum hours as credited on the turn sheet. When subsequent operators are needed for overtime on such jobs, preference shall be given for such overtime to operators in accordance to time spent on that job in a given shift or pay period when overtime occurs.


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If possible, notification of opportunity for overtime work shall be given at least 4 hours before end of last shift prior to overtime.


Failure to report for overtime work, on Saturday, Sunday, or holiday, after accepting assignment shall be subject to a (1) day suspension. Notification from the employee with a reasonable excuse will exempt him from the above.


Failure to report for overtime work, on a regularly scheduled work day, after accepting assignment, shall be subject to a written reprimand for the first offense and a (1) day suspension for a second offense. Notification from the employee with a reasonable excuse will exempt him from the above.


Group Leaders and/or Department Heads whose job normally requires working on non-premium or premium work on a regular day of work are entitled to overtime on the same basis as the employee within their group.


Group Leaders and/or Department Heads required to work overtime for purposes of performing clerical responsibilities, set-up of a line, change-over and such other duties as are outlined in their job descriptions shall not perform other classifications of work except as set forth above.


Section 5. Lost Overtime. In the event an employee is available for overtime and is denied the opportunity for overtime, such employee(s) shall be given the opportunity of making up such lost overtime or be reimbursed for such lost overtime equivalent to the amount of time spent on the job.


When hours equivalent to the denied hours are to be worked, the arrangement with the employee shall be made (24) hours in advance unless shorter notice is agreeable to the employee involved.


If a supervisor performs the work normally performed by a bargaining unit employee, in an overtime period, the employee shall receive a minimum of (4) hours of overtime pay.


Lost overtime on Saturdays, Sundays and holidays shall be reimbursed at a minimum of (4) hours of overtime pay.


Should it be decided to work overtime on a regular work day, the Company's responsibility in informing personnel is limited to those in attendance during the last four hours of the day. If the overtime is to be worked on Saturday, Sunday or holiday


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and the employee is not in attendance during the last (4) hours of the last regular work day preceding such overtime, the overtime will not be offered to the employee unless the employee has notified his or her foreman prior to leaving and has indicated an interest in any overtime available.


In that event the responsibility of the Company shall be limited to a telephone call at the location of the telephone as listed in his personnel file. Union official shall be present while calls are placed. If the Company is unable to contact the employee and secure confirmation that the employee will work, the next eligible employee will be called. The Company representative and the Union official will initial the sheet.


Section 6. Procedure for processing overtime complaints.


(A) Overtime complaints shall be reported no later than the end of the
second shift of the third working day following the alleged violation.


(B) Such complaints shall be investigated by the foreman involved and the
Labor Relations Department.


In the event the foreman and the Labor Relations Department fail to satisfactorily settle the complaint by the end of the second shift of the third day after it has been called to their attention, the complaint shall then be referred to the grievance procedure.


(C) Agreed adjustments relative to make up of lost overtime hours or lost
overtime wages shall be acted upon within (7) calendar days after date
of such agreements.


(D) Agreed adjustments relative to make up of lost overtime outside of your
department shall be acted upon within (21) calendar days or employee
will be paid.


Section 7. Extra Help on Overtime. When extra help is required and overtime occurs in wage classification (1), this extra help must be obtained by choosing employees with the most plant seniority in classification (1).


Should the non-premium classification list be exhausted, and more workers are required, premium workers may be used at non-premium rate. These workers must be chosen by seniority.


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When extra help is required and overtime occurs on premium jobs, this extra help must be obtained by choosing employees with the most plant seniority and previous good experience on the job on which the overtime occurs.


When operators with previous good experience are not available, personnel shall be selected for such overtime on a basis of plant seniority unless the job requires specific skills that may have to be taken into consideration. In this event such skill shall have priority over plant seniority. Union shall resolve each instance on its particular merit and circumstances. Failure to arrive at a satisfactory agreement the issue will then be submitted to the grievance procedure.


NOTE: "Extra Help" is defined as operators who are required only after the normal and subsequent supply of operators has been exhausted.


Section 8. An employee who reports for work at his or her regular starting time and has not been notified by the Employer not to so report shall be given not less than (4) hours of work and pay therefor, or not less than (4) hours pay.


This section shall also apply to employees who are requested to work Saturdays, Sundays or holidays with the exception of the maintenance department on inspection tours. An employee called to return to work shall be given not less than (2) hours of work or pay.


Should an employee come to work on an overtime basis, not by direction of the Company, and who is not entitled to overtime because of the "normal operator" clause or the "seniority clause," he shall be sent home immediately when the error is detected, and shall not be entitled to the (4) hours pay, but shall be paid only for the time worked.


Section 9. Maintenance tours shall be conducted on a rotated basis among maintenance employees. Those eligible for rotation shall be the Maintenance Department Head, Group Leader and Maintenance Employees with (1) or more years of experience in the maintenance department. If all eligible employees refuse, Maintenance 2 will be considered on basis of experience.


Section 10. Any employee classified under the wage supplements shall be paid $0.50 per hour above their regular hourly rate for all work performed on the second shift, or $0.65 per hour above their regular hourly rate for all work performed on the third shift. These premiums shall also be paid to any employee for hours worked other than their regular shift hours which are not overtime hours. Day shift


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employees working the second or third shift on Saturday, Sunday or a holiday will receive the shift differential for that shift for the hours worked on the weekend or the holiday.


ARTICLE 4
HOLIDAYS


Section 1. The holidays recognized on coming under the scope of this agreement shall be as follows:


New Year's Day December 24th


Good Friday Christmas Day


Monday after Easter December 31st


Memorial Day Thanksgiving Day


July 4th Friday after Thanksgiving


Labor Day


(A floating holiday September 3, 1993, September 2, 1994 and September 1, 1995)


Any employee working a holiday shall receive double time plus regular holiday pay for all such time worked.


Section 2. Employees who have completed 30 working days, shall be paid (8) hours regular time for holidays not worked, providing the employee works the last (4) hours of the last day the factory works prior to the holiday, and works the first (4) hours of the first day the factory works after the holiday. A maximum of one hour of tardiness is allowed on the work day prior to and following the holidays.


In the event of multiple holidays where qualifying days occur in (2) pay periods and employee is absent without extenuating circumstances on one of the qualifying days, employee will forfeit one day of holiday.


Should an employee be laid off or sustain a lost time factory injury, or on leave of absence for reasons as defined in extenuating circumstances below, or be


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hospitalized such that he or she is unable to meet the above requirements (day before and day after) he shall be eligible to receive holiday pay if he or she is entitled to pay for time worked in the week during which the holiday falls.


In the event that one of the above identified holidays falls on a Saturday, the Company will endeavor to close on the Friday preceding the holiday to permit employees the advantage of an extended weekend.


Such closing shall not be construed in any way to be an additional holiday and should it be necessary to work certain operations on such Friday, employees who work will be paid at straight time rate.


It being understood that working such day be optional with the Employee and such Friday shall not be the qualifying day.


Extenuating circumstances which may occur which disqualify a person and thereby deprive him or her of his or her holiday pay, will be reviewed by the Plant Manager and proof must be presented if requested.


Any extenuating circumstances which cause the absence of more than (2) days before, after or surrounding the holiday shall not be considered for the purpose of removing the disqualification above referenced. Extenuating circumstances are defined as illness, emergency or compelling personal reasons and not for convenience nor extending the holiday.


An employee on vacation, bereavement leave or on local Union business is entitled to holiday pay, should the holiday fall during that period.


An employee on an approved leave of absence, irrespective of the provisions of Article 4, Section 2, Paragraph 7, shall receive holiday pay providing they are entitled to pay for the time worked in the weeks in which the holiday occurs.


ARTICLE 5
SENIORITY


Section 1. Layoffs. In all cases of permanent layoffs and rehiring, seniority and skill shall govern. When it becomes necessary to lay off employees, the junior employees in point of service shall be laid off first, and the senior employee laid off last, except that ability and training to perform work shall be considered by Management and Union. When rehiring takes place, the senior employees shall be


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called back to work first, and the junior employees last, except that ability and training to perform work shall be considered by Management and Union. Employees called back after having been off the payroll for (6) months or more shall have a fair trial to prove their capability on current type of work. No trial period shall exceed (20) days of work. A partial day of work shall be construed as a full day of credit on trial time period.


In the event of curtailed production, plant seniority will be the governing factor in moving employees off premium jobs except those not subject to posting.


Section 2. Permanent Layoffs. A permanent layoff shall be defined as one of more than (3) consecutive working days' duration.


Section 3. Temporary layoffs. In the event of a TEMPORARY LAYOFF (3 days or less) occasioned by curtailed production or material shortages affecting (5) or more employees who cannot be absorbed into other production at that time, those employees may be sent home until the Company has had an opportunity to clarify the seniority picture.


An employee losing more than (12) hours to an employee of less plant seniority by this procedure in a (45) day period, shall be exempt from the temporary layoff provision for the next (90) days by advising his representatives in the Union who will in turn advise the Company.


Section 3. The work week will be (5) eight-hour days. Before any general reduction in hours takes place, employees with (26) weeks service or less will be laid off unless upon mutual agreement of Union and Company they are the only ones capable of performing the work. Any general reduction in hours beyond this will be mutually agreed upon.


Section 5. Recall from Layoff. No new employees, except those qualified in special skills, shall be hired until employees who have been laid off have been given the opportunity by proper notification to return to work. Employees shall be given (5) working days after notice when requested by the Employer to return to work. The employer shall notify employees either by telephone, telegram, registered mail or personal notice. In the event of personal notice, such notice shall be made directly to the employee only. After original attempt (if Employer is unable to make such personal contact within (24) hours) the Employer shall send such notice via registered mail.


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Section 6. Change of Address and Notification. Employees shall notify Employer of any change in address within (5) days after such change. Such notice shall be given in writing. The Employer shall be entitled to rely upon the address shown upon its records. Employees shall notify Employer within (24) hours after receipt of notice as to, if and when, he or she can return to work. If no such notification is given, it will be assumed that the employee is not to return.


Section 7. In the event of curtailed production, plant seniority will be the governing factor in moving employees from their jobs. It being expressly understood that the selection of Group Leaders and Department Heads is the sole prerogative of Management and such duties as outlined in their job descriptions are not subject to posting or bumping.


Employees cut back from their jobs for more than (3) work days shall have the right to bump any less senior employees in an equal or lesser wage group with the following exceptions (a paid holiday will not be included as one of the days of the umbrella ...