1995-1997 Collective Bargaining Agreement

NEENAH FOUNDRY COMPANY


1995-1997
COLLECTIVE BARGAINING AGREEMENT


WITH


THE INDEPENDENT PATTERNMAKERS UNION OF NEENAH WISCONSIN


2
TABLE OF CONTENTS


Page ARTICLE 1 - RECOGNITION.................................................... 1 ARTICLE 2 - HOURS OF WORK.................................................. 2 ARTICLE 3 - VACATIONS...................................................... 3 ARTICLE 4 - SENIORITY...................................................... 5 ARTICLE 5 - GRIEVANCES..................................................... 6 ARTICLE 6 - DISCHARGE AND DISCIPLINE....................................... 8 ARTICLE 7 - WAGES.......................................................... 9 ARTICLE 8 - TRANSFERS AND PROMOTIONS....................................... 10 ARTICLE 9 - LEAVES OF ABSENCE.............................................. 12 ARTICLE 10 - MANAGEMENT.................................................... 12 ARTICLE 11 - NO STRIKE - NO LOCKOUT........................................ 12 ARTICLE 12 - FUNERAL LEAVE................................................. 13 ARTICLE 13 - GENERAL....................................................... 13 ARTICLE 14 - PENSIONS...................................................... 15 ARTICLE 15 - INSURANCE..................................................... 16 ARTICLE 16 - TERMINATION CLAUSE............................................ 16


-iii- 3
1995-1997
AGREEMENT


This AGREEMENT made and entered into between the NEENAH FOUNDRY COMPANY, Neenah, Wisconsin, and its successors, party of the first part, and Independent Pattern Makers Union of Neenah, Wisconsin and its successors, party of the second part.


ARTICLE 1 - RECOGNITION


1.1 The Company recognizes the Independent Pattern Makers Union of Neenah, Wisconsin as the sole bargaining agency for all pattern makers, pattern maker apprentices, and pattern maintenance employees of the Company's pattern shops located at Plants 1, 2 and 3, and the Neenah Foundry Pattern Shop, Neenah, Wisconsin, relative to wages, hours, and working conditions as provided by the National Labor Relations Act. The above employees shall be considered as a single bargaining unit for purposes of this agreement.


1.2 The Company and the Union will comply with all applicable Federal and State Statutes concerning discrimination in employment. Wherever the words he, him, his or other such male gender references appear in this Agreement, such references shall include and will apply equally to the female gender.


1.3 All employees who as of the effective date of this Agreement are members of the Union in accordance with its constitution and by-laws and all employees who become members after that date, shell, as a condition of Employment, maintain their membership in the Union for the duration of this contract.


A. All employees hired on or after the effective date of this Agreement shall join and become members of' the Union no later than their 31st day of employment or no later than 31 days after the execution of this Agreement, whichever is later, and shall, as a condition of employment, maintain their membership in the Union for the duration of this contract.


1.4 The Company agrees to check off the Union dues of such employees who authorize the same, in writing, in the manner and form set forth in Exhibit "B" which is attached hereto and made a part hereof. The Company will remit such dues so collected to the person or persons designated by the Union by the 12th day of each month, for all dues collected the first payday of each month. The written authorization for check-off of dues by any employee will not be effective for any dues or fees owing by such employee prior to the date of the signed authorization executed by him and delivered to the Company and will be effective the first payday of the month following the delivery of such signed authorization to the Company.


The Company also agrees to check off fees or special assessments similarly upon proper presentation of individual signed authorization forms directing the Company to withhold from wages and pay to the Independent Pattern Makers Union of Neenah, Wisconsin.


4 1.5 All new employees shall serve a probationary period of thirty (30) days worked. Probationary employees shall have no seniority rights and may be released at any time prior to the expiration of the probationary period. If they are retained at the expiration of the probationary period, their seniority shall be from the date of hire.


ARTICLE 2 - HOURS OF WORK


2.1 Eight (8) hours shall constitute a day's work and there shall be a recognized starting and quitting time which shall determine the overtime, if any.


2.2 Except as hereinafter provided, all time in excess of eight (8) hours in any one day or forty (40) hours in any one week, shall be paid for at the rate of one and one-half times the regular hourly earnings computed on the basis of the average straight time weekly earnings excluding overtime premium of any kind and pay received for hours not worked. Such overtime shall be paid for time in excess of eight (8) hours in any one day or forty (40) hours in any one week, whichever is greater, but not for both, so that payment of overtime rates shall not be duplicated for the sane hours worked.


2.3 Saturday Work - is to be paid at the rate of one and one-half times the regular rate. However, if the third shift begins on Friday and extends into Saturday, the regular rate shall be paid.


2.4 Sunday Work - is to be paid at the rate of double time. However, if the third shift begins on Sunday and extends into Monday, the regular rate shall be paid.


2.5 Sixth Day of Work - Third shift employees who start their work week on Sunday and are scheduled to work on a sixth consecutive work day, will be paid at the rate of one and one half times the regular rate for all hours worked on the sixth consecutive shift.


2.6 All employees will be allowed a ten (10) minute lunch period at an established time during the first half of each shift. The dinner period shall be a minimum of one-half (1/2) hour.


2.7 Any employee who is required to start work before his scheduled starting time shall be permitted to work until his scheduled quitting time, until he is assigned a new work schedule.


2.8 It is mutually agreed that the working hours and overtime schedule provided for in this Agreement shall be governed by all applicable Federal Laws.


2.9 Reporting Pay - When employees are required to report to work or have not been advised at the end of the previous day that there will be no work, they shall be given a minimum of four (4) hours employment or a minimum of four (4) hours pay at their regular straight time hourly earnings, before being dismissed for the day, provided however, that the Company shall not be liable under this section for unavoidable breakdowns of machinery, power failure, acts of God or conditions beyond the control of the Management.


-2- 5 2.10 Call-In Pay. Employees called in for work before the regular shift begins or after it ends on an emergency basis shall receive two (2) hours straight time pay plus pay at the appropriate rate for time worked.


2.11 Overtime Notification - Notice of scheduled Saturday or Sunday overtime will given to the employee(s) affected by no later than the end of his (their) scheduled shift on Thursday preceding the weekend.


A. When the scheduled of a shop is to be changed, the Company shall notify the shop employee(s) affected prior to the end of his (their) shift on the preceding day.


B. Employees may be notified by bulletin board notice and/or personal communication. Employees so scheduled to work will be expected to work as scheduled unless excused in advance by their supervisor. Should the Company fail to provide such advance notice of weekend or shop schedule changes, the employee or employees affected are free to reject the opportunity to work at the time it is offered.


C. It is understood that the preceding paragraphs are not applicable 'to casual or emergency overtime on a daily basis.


ARTICLE 3 - VACATIONS


3.1 The Company will grant paid vacations to employees covered by this contract during each year as follows:


A. Except as hereinafter provided, each employee on the active payroll on June 1 in any year who has completed one (1) year or more of continuous service shall be granted a paid vacation.


1. Employees with one year but less than three years of
service on June 1 will be entitled to one week of
vacation.


2. Employees with three years but less than eight years
of service on June 1 will be entitled to two weeks of
vacation.


3. Employees with eight years but less than fourteen
years of service on June 1 will be entitled to three
weeks of vacation.


4. Employees with fourteen years but less than twenty
years of service on June 1 will be entitled to four
weeks of vacation.


-3- 6
5. Employees with twenty years but less than
twenty-eight years of service on June 1 will be
entitled to five weeks of vacation.


6. Employees with twenty-eight years or more of service
on June 1 will be entitled to six weeks of vacation.


3.2 June 1 shall be the anniversary date for all employees for the purpose of determining vacation eligibility. Employees hired on or after June 1 and before November 1 shall have June 1 as an anniversary date for purposes of becoming eligible for more than one week of vacation.


3.3 The vacation pay basis period shall be the last fifty-two (52) week period ending before May 25.


3.4 Each week of vacation shall be one calendar week. Each week of vacation pay shall be two percent (2%) of the employee's gross earnings in the basis period. However, employees who have worked 1500 hours or more during the basis period shall have the option of receiving forty (40) hours of straight time pay for each week of vacation. Time lost as a result of compensable injury incurred while on duty at Neenah Foundry Company shall be counted as hours worked, at the rate of eight (8) hours per work day, for purposes of determining vacation pay eligibility.


3.5 The vacation year shall be June 1 through May 31. The Company reserves the right to establish vacation shutdown period(s) of up to two weeks in any vacation year for any or all of its operations. The Company shall notify the Union of its selection(s) prior to April 1 of each year. All employees affected must schedule vacation during the shutdown period(s).


A. It is understood that if the plant closes, a certain amount of maintenance and/or production work may be carried on during the shutdown. The Company will arrange with employees who are to work during the shutdown period.


B. If a vacation shutdown(s) is/are not scheduled, then all employees eligible for vacation must schedule at least one week of vacation in a weekly increment. Any vacation remaining may be scheduled in either weekly increments (one week of vacation eligibility is five work days) or in single or multiple days. All vacation requests must be approved by the Manager, Pattern Operations.


C. Should a paid holiday occur during the period an employee is on vacation, he may take an additional day of vacation either prior to or immediately after the vacation period, or at some other time mutually agreeable to the supervisor and the employee, prior to the end of the vacation year.


3.6 Vacation requests shall be considered on the basis of Company seniority, providing normal operations of the Company are not impaired. There will be a vacation sign-up period each year April 1 through April 15 for the vacation year commencing the next June 1. Vacation requests received during this sign-up period, after approval, are not subject to change through


-4- 7 exercise of seniority by other employees. Vacation requests made after the sign-up period shall be submitted to the Company in writing at least 30 days prior to the requested vacation period. To insure normal operations, the Company shall have the right to limit the number of employees taking vacation simultaneously. It is understood that the Company may extend the vacation sign-up period by up to one additional week, following April 15, if it is deemed necessary to finalize vacation scheduling.


3.7 For purposes of vacations, seniority of employees shall be on the basis of total length of employment with the Company since the date of last hire.


3.8 Employees with less than one year's service:


Any employee who has been continuously employed for three months or more and who is on the active payroll on June 1 shall be granted vacation pay, which shall be two percent (2%) of his gross earnings as vacation pay for such period, as computed above.


3.9 Layoff, Military Leave, Retirement, Death:


In the event an employee who was eligible for vacation pay on June 1 is laid off, enters military service, retires, or dies during the vacation year, he shall receive his unused vacation plus pro-rata vacation pay in the amount of two percent (2%) of his gross earnings up to and including the date of termination, for each week of vacation for which he would otherwise have qualified.


3.10 Employees returning from military leave or layoff:


Any employee who returns from Military Leave or layoff and who is on the active payroll June 1 shall be entitled to a vacation computed the same as any other employee on the active payroll June 1.


3.11 Cash In:


Employees are not allowed to cash in vacation without approval of the Company and three members of the Union Negotiating Committee.


ARTICLE 4 - SENIORITY


4.1 The President will have super-seniority over all employees for layoffs only.


4.2 Pattern makers and apprentices employed as of January 1, 1977, shall have super-seniority for the duration of their employment for purposes of layoff over pattern makers, apprentices and pattern maintenance employees hired after January 1, 1977.


-5- 8 4.3 For all employees hired after January 1, 1977, for purpose of layoff, seniority of employment will be on the basis of length of employment in the pattern shop and such employees shall be recalled in reverse order of layoff.


4.4 In the event a reduction in force requires layoffs among the super-senior employees, then the following shall apply:


A. For purpose of layoffs and all other provisions-of this contract, except as provided in Article 3.7, seniority of employees will be on the basis of length of employment in the pattern shop. In the event of scarcity of work necessitating reduction in the size of the crew, the last man hired shall be the first laid off, provided however, the Company may deviate from straight seniority if by following the rule of straight seniority the efficient operation of the pattern shop would be impaired. If the Company proposes to deviate, it will discuss all such deviations with the Union Committee and if agreement is reached deviations will be as agreed upon. If no agreement is reached, the Company will be at liberty to make such deviations and in any event all employees affected by such deviations shall have the right of grievance pursuant to the grievance procedure outlined in the contract. In the event hours of work are reduced below 40 per week, the Company will discuss this with the President and a member of the Union Committee.


4.5 Student workers hired on a temporary or part-time basis will not accumulate seniority until they are on a permanent full-time basis.


4.6 On recall to work the last man laid off will be the first man called to work and the remainder of the employees will be recalled to work in the same order.


4.7 In the event of layoff or layoffs due to lack of work, the employees affected and the Union shall be given written notice of at least two (2) days prior to such layoffs.


4.8 Loss of Seniority - an employee shall lose his seniority for the following reasons only:


A. If he shall quit.


B. If he shall have been discharged for just cause.


C. If a laid-off employee or employee on leave of absence shall fail to report for work within five (5) working days after notice was sent by the Company to his last known address, unless a satisfactory reason for failure to report is given. A copy of such notice to report is to be given to the Union Committee.


D. If an employee has been laid off for a period equal to his length of service with the Company. However, the minimum shall be one (1) year and the maximum three (3) years.


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ARTICLE 5 - GRIEVANCES


5.1 It is recognized from time to time, incidents may occur or events may take place which question the interpretation of the provisions of this Agreement. It is the intent of the parties to this Agreement to promptly investigate and resolve differences of opinion or job-related problems. Accordingly, each employee is encouraged to discuss with his supervisor any problem that may arise in connection with his work. The Company will not discriminate against any employee for thereafter referring the problem as a grievance through the grievance procedure.


5.2 Should differences arise between the Company and its employees, either individually or collectively, as to the meaning and application of this Agreement, an earnest effort shall be made to settle any such differences at the earliest possible time by use of the following grievance procedure:


Step 1 A. As soon as possible but not more than ten (10) working days of the
occurrence of the incident or condition giving rise ...