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1996-1998 Collective Bargaining Agreement

This is an actual contract by Neenah Transport.

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NEENAH FOUNDRY COMPANY


1996-1998


COLLECTIVE BARGAINING AGREEMENT


2
1986-1988


AGREEMENT


THIS AGREEMENT is made and entered into between the NEENAH FOUNDRY COMPANY, NEENAH, WISCONSIN, party of the first part, and LOCAL 121 B of the GLASS, MOLDERS, POTTERY, PLASTICS, and ALLIED WORKERS INTERNATIONAL UNION, affiliated with the AFL-CIO-CLC, party of the second part.


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.


ARTICLE 1 - RECOGNITION


1.1 The Company recognizes Local 121B of the Glass, Molders, Pottery, Plastics, and Allied Workers International Union, AFL-CIO-CLC, as the sole bargaining agency for all employees of the Company's Plants 2 and 3 and any truck terminals established now or during the period of this Agreement, relative to wages, hours, and working conditions as provided by the National Labor Relations Act, as amended, but excluded office-clerical, office janitors, watchmen, patternmakers and supervisors as defined by the National Labor Relations Act. The Company's Plants 2 and 3 shall be considered as a single bargaining unit for purposes of this Labor Agreement.


A. It is understood that this Agreement will apply to any Bargaining Unit employee assigned to perform work at Plant 1.


1.2 In the event the Company erects a new foundry facility in the State of Wisconsin, the Company will voluntarily recognize the Union as the bargaining representative of the appropriate bargaining unit of employees consisting of production, maintenance, shipping and receiving and truck driver employees.


A. In the event that the foregoing paragraph may not be lawfully applied, then in that event, the Company will voluntarily recognize the Union for the appropriate bargaining unit, as described above, upon a proper showing of majority representation as demonstrated by a lawful card check conducted under the authority of the NLRB.


1.3 All present employees and all new employees 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 in good standing for the duration of this contract, subject to the provisions of the Labor Management Act, as amended.


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1.4 The Company agrees to check off the Initiation Fees and Union Dues of such employees who authorize the same, in writing, in proper legal form. The Company will remit the International Union's portion of all dues so collected the first payday of each month and the Local Union's portion of all dues so collected the first payday of each month, to the parties designated by the Union by the 12th day 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.


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 same hours worked.


A. Where eight (8) hours appears in Article 2.2, it shall be changed to ten (10) hours for employees working on automated production system operations when they are scheduled for four, ten-hour days in a week.


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


2.4 SUNDAY WORK - All work performed from 12:00 A.M. Sunday to midnight Sunday shall be paid at the rate of double the regular rate.


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


A. For automated and/or continuous production systems, including BMD and Disamatic Operations as well as continuous shifts such as melting operations, employees will be provided twenty (20) minutes of total paid break time during each shift if an unpaid dinner period is not provided.


B. For automated production systems with a schedule of four, ten-hour shifts, an additional ten (10) minute break period will be provided.


2 4
C. All employees scheduled for ten (10) hours or more and who are provided with 20 minutes of total paid break time instead of an unpaid dinner period will be provided an additional ten (10) minute break period.


2.6 Any employee who is required to start his work shift before his regular starting time shall be permitted to work until his regular quitting time.


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


2.8 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.


2.9 CALL-IN PAY - If an employee is notified after he has punched out for the work day, that he is to report for work at any time earlier than the scheduled start time of his next shift, he shall be paid two (2) hours straight time call-in pay at his regular base rate, in addition to pay at the appropriate rate for his actual time worked.


A. An employee on Company premises prior to his scheduled shift start time who volunteers and is permitted to perform work before the shift start time will not qualify for call-in pay.


2.10 OVERTIME NOTIFICATION - Notice of scheduled Saturday or Sunday overtime will be given to the employees) affected by no later than the end of his (their) scheduled shift on Thursday preceding the weekend.


A. When the schedule of a department is to be changed, the Company shall notify the department employees) 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 department 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 5
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 I 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 I will be entitled
to one week of vacation.


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


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


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


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


6. Employees with twenty-eight years or more of
service on June I 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 18.


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, an employee who has worked 1500 hours or more during the basis period shall have the option of receiving forty (40) hours of pay at his regular straight time base rate for each week of vacation. Time lost as a result of compensable injury incurred while on duty at Neenah Foundry Company shall be included in 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 I through May 31. The Company reserves the right to establish a vacation shutdown period 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 prior to April I of each year. All


4 6 employees affected must schedule at least one week of their vacation during the first vacation shutdown.


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. Those employees who are entitled to more than one week vacation shall arrange for the additional vacation time by agreement with the Plant Manager. No employee entitled to two weeks or more vacation shall have his remaining vacation scheduled immediately before or after the scheduled vacation shutdown period except by mutual agreement with the Company.


C. Employees eligible for three or more weeks of vacation shall have the option of accepting vacation pay only for weeks over two, instead of taking time off, by mutual agreement with the Company and the Union President.


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 January 1 through January 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 exercise of seniority by other employees. Vacation requests made after the sign-up period shall be submitted to the Company in writing at least thirty (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.


A. During the sign-up period, each employee in each vacation group will be asked, in Company seniority order, to submit his vacation request. Any employee failing to submit his vacation request at the time he is asked will not be eligible to use the vacation sign-up period for that vacation year.


EMPLOYEES WITH LESS THAN ONE YEAR'S SERVICE


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


LAYOFF, MILITARY LEAVE, RETIREMENT, DEATH


3.8 In the event any employee who was eligible for vacation pay on June 1 is laid off, enters military service, retires, or dies during the vacation ear, 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.


5 7
EMPLOYEES RETURNING FROM MILITARY LEAVE OR LAYOFF


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


ARTICLE 4 - SENIORITY


4.1 Seniority of employees shall be on the basis of length of employment. In the event of scarcity of work necessitating reduction in the size of the total work force, the last man hired shall be the first laid off, and such layoffs shall be in accordance with straight seniority until the work force has been reduced to two thirds of the average employment for the twelve (12) months preceding the last layoff. After such layoffs according to seniority, the Company may deviate from straight seniority if by following the rule of straight seniority the efficient operation of the plant(s) would be impaired. If the Company proposes to deviate, it will discuss all such deviations with the Union Business Committee and if agreement is reached, deviations shall 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.


A. The above is applicable to Maintenance Department employees, Electrical Maintenance Department employees, and Over-the-Road Drivers only if the layoff of the employees would exceed sixty (60) days.


4.2 All new employees shall serve a probationary period of sixty (60) days worked. Probationary employees shall have no seniority rights and may be released at any time prior to the expiration of their probationary period. However, the Company may not discharge or discipline for the purpose of evading this Agreement or for the purpose of discriminating against Union members. If they are retained at the expiration of their probationary period, their Company seniority shall be from the date of hire. Departmental seniority will begin at the completion of the probationary period. The Union may represent such probationary employees on wages, hours and conditions of employment, but it is agreed that the termination of employment of such employees during the probationary period shall not be subject to the grievance procedure or arbitration.


4.3 Student workers hired for the purpose of working during school vacation period shall not be required to join the Union and shall not be eligible for any fringe benefits and will accumulate no seniority. When a student becomes a regular full-time employee, his seniority begins as of the date of change in his work status.


4.4 Part-time workers who are employed on a regular basis throughout the year but are normally scheduled for short hour weeks shall be required to Join the Union pursuant to Article 1 and shall acquire seniority only as it relates to other part-time workers and shall be entitled to eligibility for vacations on a percentage of pay basis only and paid holidays on a pro-rata basis and


6 8 excluded from all other fringe benefits. In the event a part-time worker becomes a regular full-time employee he shall be entitled to one week of retroactive seniority for each 40 hours of work employed on a part-time basis.


4.5 Prior to laying off any regular employees, students and probationary employees shall be laid off first and part-time employees shall be laid off next if additional layoffs are necessary.


4.6 Under no conditions shall new employees be added to the payroll before those on layoff are notified to return to work. New employees shall not be added to the payroll during short work weeks.


4.7 When a vacancy occurs, prior to posting such vacancy, available employees qualified to fill the vacancy who are within that department and plant will be given the opportunity to change their shift, by virtue of department seniority. it is understood, so as not to impair normal operations, that from time to time it may be necessary to reassign senior employees temporarily to other shifts or temporarily delay the above shift change assignment pending the training of employees.


4.8 On recall to work the most senior employee on active layoff will be the first called to work and the remainder of the employees on the active recall list will be recalled in the same manner.


A. The Company may deviate from recalling employees on a straight seniority basis by recalling people qualified to perform necessary work for Maintenance Mechanics, Maintenance Electricians, and Over-the-Road Drivers (in their seniority order) if by following the rule of straight seniority the efficient operation of the plant(s) would be impaired. If the Company proposes to deviate, it will discuss all such deviations with the Union Business Committee and if agreement is reached, deviations shall 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.


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


A. When an employee can no longer perform the essential functions of their assigned job, due to permanent medical restrictions, and they are placed on medical leave, the Company will notify the Union President, in writing, within two (2) working days of such leave.


4.10 Members of the Union, who hold positions that require part of their functions to perform in the capacity of "Steward-like Duties", shall be granted Super Seniority in the case of lay-off. Super Seniority shall be limited to thirty (30) members or 5% of the average bargaining unit employment for the previous six (6) months, whichever is greater. It shall be the responsibility of


7 9 the Union Recording Secretary to notify the Company, in writing, as to who shall be granted Super Seniority.


LOSS OF SENIORITY


4.11 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 employees 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 to work is to be given to the Union President.


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.


SPECIAL PROCEDURE TO FOLLOW DURING
SHORT WORK WEEKS


4.12 The purpose of this procedure is to afford senior qualified employees an opportunity to replace students, probationary, and part-time employees on those days when the work week schedule is reduced to less than five (5) days due to economic conditions. The number of senior qualified employees given this opportunity must be consistent with production requirements.


A. When the Company determines it is necessary to reduce the work schedule to less than five (5) days (excluding holiday weeks) in a department or a plant for two consecutive weeks or more, the following procedure will be followed:


1. The Company shall meet with the Union
Business Committee on the day following the
decision to implement the short weeks, and
notice of the short work weeks shall be
posted no later than Wednesday preceding,
the first short work week.


2. Beginning with the first week of the reduced
work schedule, a list of jobs occupied by
student, probationary, and part-time
employees will be prepared. A senior
employee who is on the reduced work schedule
in his own department or plant will be asked
to work a listed job on the day or days when
he is not scheduled in his own department or
plant. Selection will be by seniority,
experience and ability. The number of senior
qualified employees selected shall be
limited to the


8 10
number of student, probationary, and
part-time jobs. The student, probationary,
or part-time employee so replaced will then
work the reduced schedule in his own
department or plant.


3. Beginning with the second consecutive week
of the reduced work week schedule, part-time
employees will be offered regular full-time
work, if available. If the part-time
employee declines the offer or full-time
work is not available, he shall be
terminated.


4. A senior qualified employee who agrees to
work shall be paid the higher of his regular
base rate or the base rate of the . ob to
which he is assigned, plus incentive, if
any. If such employee fails to report for
work without just cause, the absence shall
be treated as an unauthorized absence.


5. During the fourth consecutive week of the
reduced work schedule, Management and the
Union Business Committee shall meet for the
purpose of reviewing the reduced work week
schedule, and to discuss the future outlook.


6. The foregoing is not a guarantee expressed,
implied or otherwise, that the Company will
operate on a five-day work schedule or 40
hour work schedule.


SPECIAL PROCEDURE TO FOLLOW DURING SHORT-TERM
SHUTDOWNS OF ONE OR MORE PLANTS
OR PARTS OF ONE OR MORE PLANTS


4.13 The purpose of this section is to set forth the procedure to be followed when all or part of one or more of the Company's plant operations are scheduled to be shut down due to economic conditions for one week or two consecutive weeks, excluding vacation shutdown periods.


A. The Company shall inform the Union Business Committee of the decision to schedule as indicated above on the day following the day the decision is made.


B. The Company shall schedule the employees needed in the plant(s) that is shut down according to the following procedure:


1. Schedule the necessary work.


2. Schedule the job(s) necessary to accomplish
the scheduled work.


3. Schedule the people who normally perform the
job(s) that is scheduled.


9 11
4. Replace all summer, part-time and
probationary employees with regular
full-time employees.


5. If all the people who normally perform the
jobs scheduled are not needed, then schedule
employees who have the most Company
seniority who normally perform those jobs.


6. If more people are needed than normally
perform the scheduled job, then schedule the
employees) assigned to that plant most
qualified to perform that job. If two or
more employees are equally qualified, then
schedule the employees) who has the most
Company seniority within that plant.


C. When the Company determines it is necessary to extend the shutdown or partial operations in a plant for more than two consecutive weeks (excluding vacation shut
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