AGREEMENT
between
ALTEC LANSING CORPORATION
and
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS
LOCAL LODGE #850
1994-1997
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TABLE OF CONTENST
AGREEMENT ....................................................................1
ARTICLE 1 PREAMBLE............................................................1
ARTICLE 2 RECOGNITION.........................................................1
ARTICLE 3 MANAGEMENT RESPONSIBILITIES AND FUNCTIONS...........................1
ARTICLE 4 WORKING HOURS AND OVERTIME..........................................2
ARTICLE 5 HOLIDAY PAY.........................................................6
ARTICLE 6 VACATION............................................................7
ARTICLE 7 ALL-PURPOSE PAID ABSENCE...........................................10
ARTICLE 8 WAGES..............................................................11
ARTICLE 9 SHIFT DIFFERENTIALS................................................14
ARTICLE 10 REPORTING AND CALL-BACK PAY........................................14
ARTICLE 11 JURY SERVICE.......................................................14
ARTICLE 12 GROUP INSURANCE....................................................15
ARTICLE 13 RETIREMENT PLAN....................................................16
ARTICLE 14 LEAVE OF ABSENCE...................................................17
ARTICLE 15 SENIORITY..........................................................19
ARTICLE 16 TRANSFERS..........................................................19
ARTICLE 17 REPRESENTATION.....................................................25
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ARTICLE 18 GRIEVANCE PROCEDURE................................................30
ARTICLE 19 ARBITRATION........................................................32
ARTICLE 20 DISCRIMINATION.....................................................34
ARTICLE 21 SAFETY.............................................................35
ARTICLE 22 SPECIFIC PERFORMANCE...............................................36
ARTICLE 23 WAIVER.............................................................36
ARTICLE 24 ASSIGNABILITY......................................................36
ARTICLE 25 QUALIFICATIONS.....................................................36
ARTICLE 26 BULLETIN BOARD.....................................................37
ARTICLE 27 SUPERVISORY FORCE..................................................37
ARTICLE 28 NOTICES............................................................38
ARTICLE 29 STRIKES, STOPPAGES AND LOCKOUTS....................................39
ARTICLE 30 UNION MEMBERSHIP...................................................40
ARTICLE 31 FUNERAL LEAVE......................................................41
ARTICLE 32 DURATION...........................................................42
SCHEDULE "A"..................................................................44
SCHEDULE "B"..................................................................45
SCHEDULE "C"..................................................................46
SCHEDULE "D"..................................................................47
SCHEDULE "E" JOB LISTING......................................................48
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AGREEMENT
The Agreement is made and entered into this 20th day of June, 1994, by and between Altec Lansing Corporation, hereinafter called the "Company" and the International Association of Machinists and Aerospace Workers. AFL-CIO and its Local Lodge No. 850, hereinafter called the "Union".
ARTICLE 1
PREAMBLE
1.1 It is the intent and purpose of the parties hereto that this Agreement promote and improve the industrial and economic status of the parties, provide orderly collective bargaining relations between the Company and the Union, and secure a prompt and fair disposition of grievances so as to eliminate interruptions of work and interference with the efficient operation of the Company's business.
ARTICLE 2
RECOGNITION
2.1 The Company recognizes the International Association of Machinists and Aerospace Workers, AFL-CIO, and its Local Lodge 850 as the sole collective bargaining agency for the employees included in the Recognition Agreement between the Union and the Company dated August 9, 1963.
2.2 It is agreed that the term "employee" used herein shall apply to and include all production, maintenance, inspectors, and truck drivers but exclude all office clerical, professional. watchmen, guards, supervisors, quality control technicians and all employees in Industrial Relations, Industrial Security and Engineering Departments.
ARTICLE 3
MANAGEMENT RESPONSIBILITIES AND FUNCTIONS
3.1 It is recognized and agreed that, in addition to other functions and responsibilities which are not otherwise specifically mentioned in this paragraph, the Company has and will retain the sole right and responsibility to direct the operations of the Company; and, in this connection, to determine the number and locations
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of its plants, the products to be manufactured, the type of work to be performed, the out-contracting of work, the schedules of production, shift schedules and hours of work, the methods, processes and means of manufacturing; to select, hire and demote employees; and to make and apply reasonable rules and regulations for production, discipline, efficiency and safety. It shall also have the right and responsibility to discharge or otherwise discipline any employee for just cause, to lay off because of lack of work and to transfer and promote employees. The above shall apply except as hereinafter provided.
3.2 The Company will notify the Union Committee of out-contracting of work that will result in a reduction on a plant wide basis within the bargaining unit. The parties will meet on a quarterly basis to review ongoing major subassembly and final assembly out-contracting issues.
ARTICLE 4
WORKING HOURS AND OVERTIME
4.1 The standard work day for the purpose of computing overtime shall be eight (8) hours. A day shall be a period of twenty-four (24) consecutive hours beginning with the starting time of the employee's regular shift.
4.2 The shift starting hours will be determined by the Company. The starting time of an employee on the first shift will be uniform between the hours of 6:00 a.m. and 8:00 a.m. inclusive. The second shift starting time will be uniform between the hours of 3:30 p.m. and 5:30 p.m. inclusive. However, each department may have its own starting time. Employees within departments may start work at different times because of the nature of their jobs. Any exceptions to the foregoing will be by mutual agreement between the Company and the Chairperson of the Plant Grievance Committee.
4.3 The standard work week for the purpose of computing overtime shall be forty (40) hours.
4.4 Time and one-half will be paid for time worked in excess of eight (8) hours in a day.
4.5 Time and one-half will be paid for time worked in excess of forty (40) hours in an employee's work week.
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4.6 Time and one-half will be paid for time worked during an employee's Saturday shift.
4.7 Double time will be paid for time worked during an employee's Sunday shift.
4.8 Second and third shifts for the purpose of computing overtime shall be considered as falling on the same calendar day as the first shift.
4.9 (a) Overtime Scheduling. Since overtime work is an in convenience to employees and a premium rate expense to the Company, the parties recognize two (2) guiding principles:
(1) The Company will, whenever possible, provide twenty-four
hours advance notice of overtime work.
(2) Work in periods of overtime operations shall normally be
performed by the employee who normally performs the operation during
regular working hours.
(b) Equalization of Hours.
(1) The Company will make every reasonable effort to
distribute overtime hours equally among employees on a rotating
seniority basis in their respective classifications by department,
provided such employees are qualified to do the work required.
(2) Distribution of overtime shall be offered to those
employees who have the least number of overtime hours accumulated at
the time the overtime is scheduled to be worked within their job
classification and the employee is qualified to perform the work.
(3) The Company will post weekly an overtime distribution
roster by department classification. The equalization of overtime by
department classification will be made on an annual contract year
basis. The maximum overtime distribution spread will be limited to
forty (40) hours by department classification only.
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(4) Qualified employees, as determined by the Company, outside
of the department classification may voluntarily sign up in Human
Resources to have their names included on the department classification
overtime roster.
(a) The Company will not be obligated for maintaining
equalization of overtime for employees outside the department
classification with those within the department
classification.
(b) Employees can voluntarily sign up on the overtime
roster at any time, but they will be obligated to remain on
the list for three months before they can remove themselves
from the list.
(c) Any employee added to the overtime roster will be
credited with the highest number of overtime hours accumulated
in the department classification roster.
(c) Daily Overtime.
(1) For daily overtime assignments, it shall normally be
offered first to those who are performing the work. When persons
performing the work decline such overtime, it shall normally then be
assigned by classification seniority within the department involved.
When persons assigned by classification seniority decline such
overtime, it shall normally then be assigned among those remaining
qualified employees as determined by the Company from the department
overtime classification roster.
(d) Weekend Overtime.
(1) For weekend overtime assignments, it shall normally first
be offered to those who are performing the work on the preceding
Thursday (or Friday where earlier notice was not practical).
(2) If persons performing the work on the preceding Thursday
p.m. (or Friday) decline such overtime, it shall normally then be
assigned by classification seniority with the department involved (as
defined in 16.6(b)). When persons assigned by classification seniority
decline such overtime, it shall normally then be assigned among those
remaining qualified employees as determined by the Company from the
department overtime classification roster. In such case after
proceeding down the seniority list seeking qualified volunteers, when
the seniority list has been exhausted, qualified personnel within the
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department will be assigned to work in reverse order of seniority.
Outlying considered a separate department for purposes of overtime
distribution.
(e) Additional employees required from other departments.
(1) Nothing in (c) or (d) above shall preclude additional
employees being assigned to an overtime operation. When additional
employees are assigned, it shall be by seniority within the same job
classification among those remaining qualified employees as determined
by the Company. No employee will be required to work over-time when
another qualified employee, as deter mined by the Company, will
voluntarily accept the overtime assignment. (When an employee has per
formed this work regularly, the employee shall be considered
qualified.) After proceeding down the seniority list seeking qualified
volunteers, when the seniority list has been exhausted, qualified
personnel will be assigned to work in reverse order of seniority.
(f) Decline of Overtime.
(1) An employee given proper notice of overtime and who fails
to work such overtime, or refuses to work such overtime, shall be
considered as having worked and will be charged this overtime on the
overtime roster.
4.10 Where several operations, within the same job classification, are to be performed by a single employee on an overtime basis, the employee assigned shall be from the work group where the majority of the work would be normally performed.
4.11 There shall be no pyramiding of overtime under any terms of this contract.
4.12 Where department-wide changes in shift hours or lunch breaks or rest breaks are necessary, the Company shall give at least one (1) week of notice to the affected employees; the exception being temporary or unforeseen situations.
4.13 Employees will not be required to work through their regularly assigned lunch periods except in cases where emergency work must be performed.
4.14 The Company will observe one (1) ten minute rest period before and one (1) ten minute rest period after lunch in each scheduled eight (8) hour work shift. When an employee has completed his regular eight (8) hour work shift and is
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required to work two (2) or more hours overtime, he will be afforded a ten minute break at the close of his regular eight (8) hour work shift and a ten minute break at the completion of each two (2) hours of overtime work thereafter.
ARTICLE 5
HOLIDAY PAY
5.1 Hourly rated employees shall be paid their current hourly rate of pay in effect on the day before the holiday including shift differential, but exclusive of all premium or overtime allowance for the following observed holidays when not worked: New Year's Day, President's Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday following Thanksgiving, Day before Christmas, and Christmas Day, provided the following conditions are met.
(a) The employee has worked the entire scheduled eight (8) hour work day before and the entire scheduled eight (8) hour work day after such holiday or used preapproved All Purpose Pay or vacation or other absence authorized in the Company attendance policy. However, sixty (60) minutes tardy on one of the days will be accepted.
(b) The employee works on the holiday after receiving reasonable notice to do so. Whenever possible, employees will be given twenty-four (24) hours notice.
5.2 If one of the holidays occurs while an employee is on an authorized vacation, he shall receive payment for such holiday.
5.3 An employee who is required to work on any of the observed holidays will receive double time (2 times) his regular hourly rate for hours worked plus regular holiday pay for the day.
5.4 Should a holiday fall on Saturday or Sunday. the Company will observe either Friday or Monday as the holiday.
5.5 Leaves of absence shall affect eligibility for holiday pay for holidays occurring during the leave as follows:
(a) Personal Leave of Absence - Not eligible for holiday pay.
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(b) Industrial/Personal Medical Leave of Absence - Eligible for holiday pay provided that employee has received pay for work done within fourteen (14) calendar days preceding the holiday. Also eligible for pay for any holiday occurring during the calendar week of the employee's return to work.
ARTICLE 6
VACATION
6.1 (a) A vacation of two (2) weeks consisting of ten (10) working days, will be allowed an employee who, upon his anniversary date (date of hire), has completed one (1) full year of continuous and active employment.
(b) A vacation of three (3) weeks. consisting of fifteen (15) working days, will be allowed an employee who, upon his anniversary date, has completed ten (10) full years of continuous and active employment.
(c) A vacation of four (4) weeks, consisting of twenty (20) working days, will be allowed an employee who, upon his anniversary date. has completed fifteen (15) full years of continuous and active employment.
(d) Holidays - Where a Company recognized holiday(s) occurs during an employee's scheduled vacation, that employee shall receive holiday pay and at additional day(s) of concurrent vacation time off if desired by the employee.
6.2 (a) The vacation pay allowances mentioned in this Article shall be computed at the employee's current hourly rate of pay in effect on the day his commences, including shift differential, but exclusive of all premiums or overtime allowances. Where the employee gives at least one (1) week's notice of his vacation schedule to the Company for a full calendar week his vacation, the employee shall receive tits vacation check on the last work day prior to his vacation.
(b) An employee off work for any reason other than an industrial accident will have his vacation pay reduced based on the number of hours worked or paid for. neither of which is severable (overtime excluded) during the vacation year, in accordance with the pro-rata schedule as follows:
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PERIOD OF CONTINUOUS SERVICE COMPLETED
AS OF ANNIVERSARY DATE EACH YEAR
NUMBER OF VACATION DAYS WITH PAY
(YRS. OF CONTINUOUS SERVICE)
HOURS WORKED OR 1 YEAR 10 YEARS 15 YEARS
PAID FOR
1700 or more 10 15 20
1300 to 1699 8 13 18
1000 to 1299 6 11 16
700 to 999 4 7 12
400 to 699 2 5 10
0 to 399 0 0 0
(c) An employee who terminates for any reason shall be entitled to receive pro-rata vacation in accordance with sub-section 6.2(d).
(d) Pro-rata vacation referred to in sub-sections (b) and (c) of this section shall be computed on the basis of hours worked or paid for as outlined in subsection 6.2(b). Computation will be made on the hours worked or paid for since the last anniversary date and on the basis of the vacation allowance due on the following anniversary date.
(e) An employee who returns from layoff shall be eligible on his subsequent anniversary date for any pro rata vacation pay allowance as outlined in the schedule in sub-section 6.2(b).
(f) Should an employee terminate for any reason following an anniversary date and prior to the time he has taken his vacation, he shall be entitled to his vacation pay earned and not taken.
(g) The Company will develop a vacation schedule by August 1st of each calendar year for the following twelve months, blocking out those periods of time the employees will not be allowed to take vacation. The scheduling of vacation will be by seniority within classification, however, the Company reserves the right to establish
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the number of employees who can be on vacation at one time by classification, and to schedule vacations compatible with production requirements.
(h) Employee vacation will be scheduled during his anniversary year. An employee may be allowed to carry one week of vacation over into the next vacation year by mutual agreement with the Company. Any vacation carry over must be scheduled and taken with (90) days of the anniversary date. No employee will be permitted to schedule back-to-back vacations during any two (2) concurrent anniversary years without the approval of the Company. Vacations will normally be scheduled in increments of one (1) full week. However, employees may take up to one week of their vacation in any one anniversary year in increments of days if their vacation is preapproved. No employee will be permitted to take vacation prior to their anniversary date.
6.3 Plant Shutdown
(a) In the event that production requirements are such that a vacation shutdown is necessary, the Company agrees to notify the Union not later than March 1 of each year. In the event the Company declares a plant vacation shutdown, it will provide the Union with the scheduled vacation shutdown dates at the time of notification. It is understood and agreed that the vacation shutdown, if declared, shall begin no earlier than the first full week in June nor later than the third full week in August.
(b) In the event the Company has work requirements during a declared plant shutdown, employees who have already taken their vacation and employees with less than two (2) weeks earned vacation will be the first employees scheduled to fulfill these work requirements. Selection will be made on the basis of seniority provided they possess the necessary skills needed to perform the required work. Employees with less than two (2) weeks earned vacation may be required to take their earned vacation in increments of full days during the vacation shutdown and may only be scheduled to work the remaining number of work days in the vacation shutdown period. If the Company is unable to locate a sufficient number of qualified employees from these groups, other employees will be solicited by seniority within the required classifications. If there are insufficient volunteers, the least senior employees in these classifications will be required to work.
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ARTICLE 7
ALL-PURPOSE PAID ABSENCE
7.1 All-purpose pay was originally designated as sick pay and its use was restricted to absence due to illness or injury. It has since been recognized by the parties that employees may have pressing personal problems of other than illness nature which cannot be solved or addressed during normal off-duty hours. In such cases, it may be reasonable and necessary for the employee to be absent. In recognition of this fact, the name of this article has been changed to ALL-PURPOSE PAID ABSENCE.
All-purpose paid absence may not be taken during the advance notice of layoff time period. The Company reserves the right to require documentation justifying the absence when abuse is evident.
7.2 Each full time employee shall be credited with two and one-half (2-1/12) days (twenty (20) straight hours) all-purpose paid absence at the end of each six (6) months of active continuous employment, dating from his last hiring date.
7.3 Utilization of All-Purpose Pay
(a) Illness cases - Illness provides little or no advance warning. However, as in all absence cases, if the employee is unable to report for work, he or she is obligated to call in before or at the start of their shift to report their absence, thereby permitting supervision to make whatever work assignment changes are necessary to provide a smooth operation.
(b) Employees must indicate their desire of whether or not to utilize all-purpose pay prior to the their first shift after returning to work.
(c) Other than illness cases - All-purpose pay can be used for other than personal illness reasons only by giving the Company one day's prior notice and securing the Company's approval prior to the absence. In those rare occasions where the need for absence is unpredictable, the need for calling in and/or supervisory approval, if on the premises when the emergency arises, still applies.
(d) All-purpose paid absence will not be paid for less than one half hour (1/2).
7.4 Active employees on the Company payroll as of November 15 will be paid unused all-purpose paid absence days accumulated in excess of five (5)
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days (forty (40) hours) accumulated through the preceding November 14, unless they present a written request to the Personnel Department indicating their desire to accumulate and maintain a level of eighty (80) hours rather than forty (40). Payment will be made the pay day immediately following December 1.
7.5 All-purpose paid absence days will be paid on the basis of straight time hourly rate received by the employee at the time the absence occurs, and all accumulated all-purpose days in excess of five (5) days (forty (40) hours) will be paid on the basis of straight time hourly rate received by the employee as of November 14.
7.6 In the event of the employee's death, all earned unused all- purpose pay will be paid to the employee's beneficiary as indicated on the insurance enrollment card.
7.7 An employee who terminates for any reason will be paid for all earned unused all-purpose pay.
ARTICLE 8
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