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Article I - Enabling Clause
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Section (a) Prior Agreements, Practices and Customs
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Article II – Scope and Coverage
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Section (a) Work Jurisdiction
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Section (c) Supervisors Shall Not Perform Classified Work
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Section (e) UNION’S Rights
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Article III - Wages and Hours
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Section (a) Basic Workday
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Article IV – Holidays
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Section (a) Holidays Observed
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Article V – Vacation
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Section (a) Regular Vacation
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Article VI – Allowance
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Section (a) Bereavement Pay
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Article VII – Joint Labor – Management Communication Committee
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Article VIII – Health and Safety
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Section (a) Right to a Safe Working place
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Section (b) Health and Safety Committee
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Section (c) Settlement of Health or Safety Disputes
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Article IX – Seniority
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Section (a) Definition of Seniority
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Section (g) Panel Custodians
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Article X – Settlement of Disputes
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Section (a) Grievance Committee
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Article XI – Discipline and Discharge
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Section (a) Just Cause Required
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Article XII - Benefits and Practices
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Section (a) Eligibility
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Section (e) Administrative and Design Matters and Uniformity
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Article XIV – No Strike or Lockout
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Section (a) Union Not to Strike
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Article XV – Maintain Integrity of the Contract and Resort to Courts
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Article XVII - Ratification and Termination of this Agreement
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SHORT TERM DISABILITY PAY PLAN
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APPENDIX B
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APPPENDIX D
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AGREEMENT
day of October 2007, the Ilion Plant of REMINGTON ARMS COMPANY, INC., situated at Ilion, New York, hereinafter referred to as the PLANT or the EMPLOYER, and the INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, hereinafter referred t
o as the UNION, in consideration of the mutual covenants herein contained have agreed and do agree as follows:
This agreement supersedes the
Collective Bargaining Agreementspreviously executed by the parties. There shall be no prior practices and customs observed at the Ilion Plant, unless identified in Appendix C. All previous agreements not contained in this ag
r eement, will be superseded by this Agreement and to remain in effect must be signed and dated on or after the effective date of this Agreement.
The UNION has been and is recognized as the exclusive bargaining agency for the Empl
oyees of said Ilion Plant. This agreement pertains to only the unit to be recognized; it does not create any rights or obligations not expressly stated herein. All Employees shall be or become members of the UNION, to the extent and in the manner permitte
d by law.
The PLANT and the UNION affirm the policy of nondiscrimination against any Employee or applicant for employment because of age, disability (within the meaning of the ADA), race, creed, religion, color, sex, natio
nal origin, ancestry or political activity (whether intra-UNION or otherwise) with respect to wages, hours and working conditions.
Wherever the following terms are used in this Agreement, they are defined as follows:
(1)
The term “PLANT” shall mean the Ilion Plant of Remington Arms Company, Inc. located at Ilion, New York.
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(2) The terms “Employee” or “Employees” shall mean any or all of those employees at the Plant included within the bargaining unit covered by this Agreement.
(3) The terms “Current Employee” or “Curren
t Employees” shall mean only those employees hired before September 11, 1997.
(4) The terms “New Employee” and “New Employees” shall mean only those employees hired on or after September 11, 1997.
(5) When the
term “Employee(s)” or a personal noun or pronoun appears in this Agreement, it shall be understood to refer to either the masculine or feminine gender or both as applicable in the context in which it appears.
(
1) The PLANT will deduct the membership dues, including initiation fees and assessments, or the legally required equivalent thereof, of the UNION and its various subdivisions, prescribed by the UNION, and other authorized deductions, from the salary paya
b le within the month of an Employee who authorizes the PLANT to make such deductions on a form entitled United Mine Workers of America Checkoff Authorization Form.
(2) All sums deducted in this manner shall be turned over by the PLANT to the designated representatives of the UNION, together with a statement listing the names and social security numbers of all unit Employees and the amount checked off for each autho
r ized deduction.
In consideration of the UNION’S execution of this Agreement, the EMPLOYER promises that the PLANT covered by this Agreement shall not be sold, conveyed, or otherwise transferred or assigned to any success
or without first securing the successor’s agreement to assume the EMPLOYER’S obligations under this Agreement including Appendix A. Immediately upon the conclusion of any such sale, conveyance, assignment or transfer of the PLANT, the EMPLOYER
shall notify the UNION of the transaction. Such notification shall be by certified mail to the Secretary-Treasurer of the International Union and shall be accompanied by documentation that the successor obligation set forth herein has been satisfied.
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All current bargaining unit work including processes related to the production and processing of firearms and routine repair and routine maintenance work normally performed at the PLANT, and work of the type customarily related to all of the above shall b
e performed by bargaining unit Employees of the EMPLOYER covered by and in accordance with the terms of this Agreement, except as otherwise specified herein.
It is the Intention of this Agreement to reserve to the EMPLOYER
and except from this Agreement an adequate force of supervisory employees to effectively conduct the safe and efficient operation of the PLANT and at the same time, to provide against the abuse of such exemptions by excepting more such employees than are
r easonably required for that purpose.
Exempt employees under this provision are salaried employees exempt under the Fair Labor Standards Act including the Plant Manager, his assistants and their staff, Supervisory employees, with authority to hire, discha
rge, promote, transfer, or otherwise effect changes in status of Employees or effectively to recommend such action. All non-exempt employees excluded from the bargaining unit will retain such status. All other Employees working in or around the PLANT shal
l be covered by this Agreement, except as otherwise specified herein.
The UNION will not seek to organize or ask recognition for such exempt employees during the life of this Agreement. The EMPLOYER shall not use this provision to exempt from the provisio
ns of this Agreement more persons than are necessary for the safe and efficient operation of the PLANT.
Supervisory employees shall perform no classified work covered by this Agreement except in
emergencies and except if such work is necessary for the purpose of training or instructing bargaining unit Employees. Plant Management retains the right to audit operations which may include measuring and gauging components and auditing finished product
as well as engineering support for product development and troubleshooting so long as the number of bargaining unit Employees currently performing such work is not eliminated or reduced. When a dispute arises under this section, it shall be adjudicated th
r ough the grievance and arbitration procedures covered by this Agreement and in such proceedings the following rule will apply: the burden is
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on the EMPLOYER to prove that classified work has not been performed by supervisory personnel.
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(1)
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The UNION recognizes and agrees that, except as specifically limited by the express provisions of this Agreement, the PLANT maintains the sole and exclusive right to manage its business in such a manner as the PLANT shall determine to be in its best inter
e st. The exercise or nonexercise of the rights retained by the PLANT shall not be deemed to waive any such rights or the discretion to exercise any such rights in some other way in the future.
(2) Most Favored Nations
During the term of this Agreement s
hould the UNION either (A) enter into an agreement with any other competing firearm manufacturer (with comparable gross sales) other than Remington Arms Co., Inc. or any of its component divisions, the terms or conditions of which agreement are more advan
t
ageous to the other employer than those contained in this Agreement; or (B) Countenance a course of conduct by any other comparable competing firearms manufacturer signed to an agreement with the UNION, which course of conduct enables the other employer t
o
operate under more advantageous terms and conditions than are provided for in this Agreement, the PLANT shall be privileged to adopt such advantageous terms and conditions upon written notice to the UNION of its intent to do so.
(1) Authorized representatives of the District and the International will be allowed access to the PLANT property to insure compliance with this Agreement, after giving notice and their reason for seeking access. The President, International Vic
e Presidents, Field Representatives and International Safety Representatives and Secretary-Treasurer of the International Union will be granted access to the PLANT provided that such officials have given a minimum of 48 hours advance notification and reas
o
n of their desire to visit, provided there is no interference with production. The EMPLOYER shall provide candidates for UNION office reasonable opportunity to campaign among its Employees during their non-working hours and in non-working areas, provided
t
here is no interference with production. The EMPLOYER further agrees to provide space on PLANT property for the holding of UNION elections and the ratification of collective bargaining agreements. However, the UNION agrees that there shall be no solicitat
i on or UNION meetings or promotional UNION activity on PLANT time.
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(2) The Local Union President, Vice President, Financial Secretary, Recording Secretary and Employees who are either elected or appointed to the Joint Labor-Management Communications Committee, the Health and Safety Committee, and the Grievance Committee
s
hall have the right of movement throughout the PLANT in the performance of their official duties, provided the UNION officials noted above do not unreasonably interfere with the production of Employees. Local Union Officers and committee member shall seek
permission from their supervisor to leave their work area in order to meet their responsibilities as outlined within this Agreement. Permission will be granted unless there is a justifiable business reason for denying such permission. Once permission has
b een granted, the Employee will be paid their regular rate as long as the responsibilities are carried out during the Employee’s regular work hours.
(3) UNION officials noted above in subsection (2), with proper advance notification to Human Resourc
es, will be excused to participate in UNION activities. In cases where multiple UNION officials noted above in subsection (2) are requesting to be excused for multiple days, the request shall be submitted as far in advance as possible but no less than two
(2) working days prior to the requested time off. In cases of District or International Conventions or conferences, no more than ten (10) Employees shall be excused to attend. Employees who have an official request for a leave of absence shall be granted
l
eave to serve as District or International officers or representatives and shall retain their seniority and accrue seniority while they are on such leave. Employees who have an official request for a leave of absence shall be granted leave to accept a tem
p
orary UNION assignment, not to exceed four (4) consecutive months, and to return to their former jobs and shifts. No more than two (2) Employees may accept such temporary UNION assignments at the same time. Permanent UNION appointees and those Employees w
h o are elected to District or International office shall be entitled to return to a job, provided that Employees with greater seniority at the PLANT are not on layoff.
Notwithstanding anything to the contrary i
n this Agreement, the PLANT has the unlimited right to contract out or transfer work.
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