LABOR
AGREEMENT
THIS AGREEMENT BY AND BETWEEN
SIMPSON TACOMA KRAFT COMPANY, LLC
and the
PAPER, ALLIED-INDUSTRIAL CHEMICAL
& ENERGY WORKERS INTERNATIONAL
and its affiliated Locals No. 8-237 and 8-586
Page No.
3
Payroll
Deduction of Union Dues
10
Scheduling
Working Time & Days Off
14
Starting
& Stopping Work/Tour Workers
15
Starting
& Stopping Work/Day Workers
16
Hiring,
Warnings, Suspensions & Discharges
Signature
Page
Exhibit
A – Wage Schedule
THIS AGREEMENT by and Between Simpson Tacoma Kraft Company, LLC
Tacoma, Washington hereinafter referred to as the Signatory Company, party of
the first part, and the PAPER, ALLIED-INDUSTRIAL CHEMICAL
&
ENERGY WORKERS INTERNATIONAL UNION (PACE)(an unincorporated association) and its affiliated Locals No. 8-237
and 8-586, hereinafter referred to as the Signatory Union, party of the second
part, executed as of September 1, 2003.
WITNESSETH:
SECTION 1 - GENERAL PURPOSE OF AGREEMENT:
1.01 The
general purpose of this Agreement is, in the mutual interest of the employer
and employee, to provide for the operation of the plant hereinafter mentioned
under methods which will further, to the fullest extent possible, the safety,
welfare and health of the employees, economy of operation, quality and quantity
of output, cleanliness of plant and protection of property. It is recognized by this Agreement to be the
duty of the Company and the employees to cooperate fully, individually and collectively,
for the advancement of said conditions.
1.02 Management
of the Signatory Company agrees to explain fully the terms of this Agreement to
all officials, foremen and the others engaged in a supervisory capacity.
SECTION 2 - RECOGNITION:
2.01 Simpson
recognizes the PACE acting as the sole
collective bargaining representative for all employees performing production
work listed in the wage schedule of this agreement, but does not include
employees engaged as clerical or professional employees, security or
supervisory employees as defined by the N.L.R.A. sales, engineering, drafting,
research or technical occupations requiring professional training. Such recognition is limited to employees of
Simpson working at the facilities of the Simpson Tacoma Kraft Company, LLC
located at
2.02 In
the hiring of the employees, the Signatory Company will give preference to
former employees who are qualified to perform the work available.
2.03 All
employees shall, as a condition of employment, become and remain a member of
the Signatory Union on or after the thirtieth day following the beginning of
such employment, or the effective date of this Agreement, whichever is the
later. The period of thirty days named
above may be extended, as to any individual employee, by mutual agreement
between the Local Union concerned and the local management of the Signatory
Company. In the event that the Local
Union and the local management do not agree as to the propriety of any such
extension, the extension may be made by mutual agreement between the Signatory
Union and the Signatory Company. Any
such extension shall be for the purpose of avoiding hardship or inequity to the
employee concerned, and for promoting the general purpose of this Agreement.
2.04 The
Signatory Union, or its Local Union involved, may request the Signatory Company
to discharge an employee on account of his or her failure to comply with the
provisions of this Section 2. Any such
request shall be in writing and shall include written evidence offered in
support thereof, and copy shall be delivered to the Company and the employee
involved. Within ten days after receipt
by both the Company and the employee of such request, and after the Company has
held a hearing, if demanded by any affected party, the Company shall determine
and, in writing, notify the
2.05 This
recognition clause shall not be construed to alter any party's rights regarding
the transfer of work or contracting out of work.
SECTION 3 - PAYROLL DEDUCTION OF UNION DUES:
3.01 Upon
the filing with the Signatory Company, by the Financial Secretary of the Local
Union, of a written authorization, in form satisfactory to the Company, signed
by any individual employee who is a member of said Local Union, the Company
during the life of this Agreement shall deduct from the wages due such employee
the amounts specified in said authorization on account of Union initiation fees
and dues. Each such authorization shall
be irrevocable until the termination date of this Agreement or until one year
from the date of the authorization, whichever occurs sooner. The authorization shall thereafter remain in
force until revoked by the employee by written notice to the Company.
3.02 The
Financial Secretary of the Local Union, or an authorized representative of the
Local Union, whose authorization has been filed in writing with the Company
shall certify to the Company (1) that he has witnessed the employee's signature
of the authorization, and (2) that the Signatory employee is a member of the
Local Union, and (3) the amount of regular dues to be deducted, which may be
revised only by written notice from the Financial Secretary given in advance to
the Company.
3.03 The
Signatory Company shall pay over to the Financial Secretary of the Local Union
the amount of deductions made in accordance with authorization filed and shall
receive therefore the written receipt of the said Financial Secretary in the
name of the Local Union. The details as
to making of deductions and payments of same to the Local Union shall be arranged
by the said Financial Secretary and the Signatory Company in such manner as
most conveniently fits into the established payroll procedures of the Company
and results in payments to the Local Union once a month or oftener.
3.04 Any
deductions made by the Company under the provisions of this Section shall be
deemed trust funds until remitted to the Local Union, but such funds need not
be kept separate from the Company's general funds. The Signatory Union agrees the Company shall
be saved harmless with respect to all deductions made and paid to its Local in
accordance with the provision of this Section.
SECTION 4 - JURISDICTION:
4.01 It
is understood that the Signatory Company will not be asked to act upon any
question regarding jurisdiction which may arise between the Signatory Union and
any other
4.02 This
section recognizes that there are many cooperative work practices existing
under the current Labor Agreement. This
section is not meant to change those existing practices, but to enhance the
current practices to ensure the efficient operation of the mill.
4.03 The
Company and the
4.04 Although
employees will be expected to work primarily in their regular jobs, employees
will be expected to assist each other, and perform work outside of their
regular assignment anywhere in the mill to the extent their skills permit, in
order to mitigate immediate safety risks, quality problems, environmental
disruptions, or production loss. Employees temporarily assigned to other work
under this paragraph will not be replaced on their regular jobs, unless the
assignment is necessary in order to provide skills which are not available
without the assignment.
4.05 An
employee whose regular job is not operating may be assigned to any other work
within their
4.06 It
is understood that all employees are expected to assist other employees as
needed to the extent their skill and availability allows, in the preparation
and performance of maintenance repair.
4.07 Employees
will not receive formal training in order to be assigned under this
section. Employees may receive minimal
training and orientation in order to complete necessary work and work safely.
Employees will not be disciplined for improper work when assigned to work for
which they have not received the necessary training.
SECTION 5 - NO INTERRUPTION OF WORK:
5.01 It
is expressly agreed that during the term of this contract there shall be no
work slowdowns, stoppages, strikes, or sympathy strikes nor picketing of any
kind or form whatsoever; these no-strike provisions shall be broadly construed
to prohibit all strikes by employees, no matter the reason for the strike. It is agreed there shall be no lockouts by
the Signatory Company during the period of this Agreement.
5.02 In
the event that in violation of the provisions of the preceding paragraph, a
strike, walkout, or other interruption of work shall occur in the mill of the
Signatory Company, neither the Signatory Union nor the Local Union shall be
subject to financial liability for such violation provided that the Signatory
Union and the Local Union involved immediately after the beginning of such
violation shall have (1) publicly declared such action a violation of this
Agreement, and (2) in utmost good faith used its best efforts to terminate such
violation, it being further agreed that any employee participating in such
violation shall in the discretion of the Signatory Company be subject to
immediate discharge or other disciplinary action.
SECTION 6 - HOLIDAYS:
6.01 There
shall be fourteen (14) holidays during each year, namely:
Length
Designation (Hrs.) Starting Time Ending
Time Restricted
Memorial
Day 24
July
3rd 24
Independence
Day 24
Labor
Day 24
Thanksgiving
Day 24
Day
After Thanksgiving 24
Day
Before Christmas 24
Christmas
Day 24
Day
After Christmas 24
New
Year's Day 24
Floating
Holidays (4) 24
6.02 Employees
who work four (4) or more consecutive hours during the July 3, Independence Day
holiday period shall be given one additional floating holiday. Employees who work four (4) or more
consecutive hours during the December 24, 25 and 26 holiday period shall be
given one additional floating holiday.
6.03 In
each department, the time of ending of each holiday specified above, shall be
varied from the 8:00 a.m. above prescribed whenever necessary to coincide with
the time nearest to 8:00 a.m. which is the regular starting time for the day
shift in such department; and in the cases where such variation is so made, the
starting time shall be correspondingly varied to comply with the prescribed
length of the holiday. The time of
starting and ending each holiday, in addition to any variation which occurs
pursuant to the preceding sentence, may be further varied by mutual agreement
of the management and the Union Standing Committee.
6.04 Subject
to compliance with all the conditions set forth below, an employee who is on
the payroll of the Signatory Company on any one of the holidays listed in this
Section will be granted eight (8) hours holiday pay at the straight time rate
of the job plus such additional compensation to which he is entitled under
other sections of the Agreement.
6.05 The
employee must have been on the payroll for not less than ninety (90) days just
preceding the holiday, and must have worked at least 260 hours during such
ninety days, provided, any employee whose failure to so work 260 hours caused
by curtailment of operations, shall nevertheless be deemed to be in compliance
herewith if he has been on the payroll of the Signatory Company for the one
hundred and eighty (180) days just preceding the holiday and has worked at
least 520 hours during such 180 days, and
6.06 The
employee must have worked his scheduled work day before and his scheduled work
day after such holiday, unless failure to work his scheduled workday before or
after the holiday was due to any of the following events:
6.07 (a) When the employee is on his regularly
authorized paid vacation;
6.08 (b) When the employee is unable to work by reason
of an industrial accident as recognized by the Worker's Compensation Board
provided such Holiday occurs within twenty-four (24) months or until weekly
workers compensation benefits cease, whichever occurs first.
6.09 (c) When the operation in which the employee is
engaged is curtailed or discontinued by the decision of management and which
curtailment or discontinuance changes or eliminates the employee's scheduled
workday before or his scheduled workday after such holiday;
6.10 (d) When a trade in shifts agreed upon between
employees and approved in advance by management results in a temporary change
of the scheduled workday before or the scheduled workday after a holiday,
provided the employee works the shift agreed upon;
6.11 (e) When bona fide sickness or bona fide
compelling reasons beyond the control of the employee prevents the employee
from working all or part of his scheduled workday before or his scheduled
workday after a holiday, provided the employee affected, or the Local Union in
his behalf, brings the case to management's attention within a reasonable time
and management approves such reasons as being bona fide and beyond the control
of the employee;
6.12 (f) When the employee prior to a holiday has
made a written request to be excused from working all or part of his scheduled
workday before and/or after such holiday and has received the written approval
of management. Failure to grant approval
will not be subject to the adjustment procedure but the Union Standing
Committee may discuss with the Company any action which appears to it to be
discriminatory.
6.13 It
is understood and agreed, however, that an employee shall not receive the
holiday pay provided above in 6.04 of this section if he is directed to work on
his regular job (or relief job if he is then working on a relief job) on such
holiday and fails or refuses to work, except in the case where a bona fide
sickness or other bona fide reason approved by management prevents his working
on such holiday.
6.14 In
the event an employee has established his Floating Holiday with his supervisor,
and then is required to work that day due to production requirements, he shall
be allowed to reschedule the holiday or receive time and one-half plus holiday
pay at the discretion of the employee.
Employees will not be required to receive pay in lieu of scheduling a
future holiday, provided the employee requests a scheduled Holiday in
accordance with the paragraph below.
6.15 Any
floating holidays not scheduled or taken by the end of the contract year will
be paid to the employee at the rate of eight (8) hours straight time rate.
6.16 Once
a floater is approved by management, it will not be changed by management
unless for emergency reasons.
6.17 Requests
for a floating holiday submitted between April 1st to May 1st will be given
seniority preference. Requests after May
1st will be received forty-five (45) days or less prior to the date to be
taken. Such requests will be granted on
a first-come, first-serve basis.
Approval for a day off will be given at least thirty (30) days in
advance.
SECTION 7 - WAGES:
7.01 Wage
rates in accordance with Exhibit A, attached hereto and made a part hereof,
shall be paid.
SECTION 8 - HOURS OF WORK:
8.01 Both
parties to this Agreement are committed to maintain, but not guarantee, the
principle of a basic work week of forty (40) hours in the Signatory Mill; but
agree that additional time may be worked to permit the operation or protection
of the mill when paid for as shown in Exhibit A.
SECTION 9 - DEFINITIONS:
9.01 Whenever
used in this Agreement, including Exhibits, the male noun or pronoun is used to
include the female noun or pronoun, where applicable, and:
9.02 The
words REGULAR EMPLOYEE mean an employee filing a position listed in Exhibit A
on a regular scheduled basis or an employee regularly employed in a utility
capacity, unless such employee has been personally notified in writing that his
employment is extra, temporary or probationary.
9.03 The
words TOUR WORKERS mean employees when engaged in operations scheduled in
advance for at least twenty-four (24) hours continuous running, it being
understood, however, that if a tour worker is temporarily assigned to work not
connected with the continuous operations on which he is usually employed, his
status as to tour or day worker during such temporary assignment is determined
by the nature of such assignment. All
other employees are considered day workers.
9.04 EXTRA
BOARD EMPLOYEES are those employees who are hired for no specific positions and
may be assigned to any position as a temporary replacement to supplement regular
employees within the Company to perform temporary work either as a day worker
or as a Tour Worker.
9.05 The
word DAY means a period of twenty-four (24) hours beginning at
9.06 The
word WEEK means a period of seven (7) consecutive calendar days beginning at
9.07 The
words LOCAL UNION mean the Local of the Signatory Union concerned in which
employees of the Signatory Company are members and which shall act as the
representative of the Signatory Union in the performance of those provisions of
this Agreement which provide for action by a Local Union.
9.08 The
words UNION STANDING COMMITTEE mean a committee appointed by a local union
which shall represent the Local Union concerned in the performance of those
provisions of this Agreement which provide for action by a Union Standing
Committee.
SECTION 10 - SCHEDULING EMPLOYEES' WORKING
TIME AND DAYS OFF:
10.01 In
scheduling employees' working time and days off, the Company will comply with
the following obligations and restrictions:
10.02 The
Company shall assign two (2) days off each week for each regular employee, except
where this is inconsistent with the schedules involved, in which case, one (1)
day off shall be assigned. The Company
shall make reasonable and diligent effort to so arrange schedules that the
designated day off of any employee and any scheduled day off for the same
employee shall be consecutive.
DESIGNATED DAY OFF means the second day off in a week when applied to an
employee who has two assigned days off in that week and means the single
assigned day off when applied to an employee who has one assigned day off in
that week. SCHEDULED DAY OFF means only
the first day off in a week when applied to an employee who has two assigned
days off in that week.
10.03 An
employee transferred after the start of the week, from one job or shift or
schedule to another, shall, solely for the application of the Call Time and
Overtime provisions, retain his assigned day or days off but only for the
remainder of that week. This provision
does not apply to Extra Board employees who will be scheduled for two (2) days
off within each work week. The first day
off will be considered the Scheduled Day off and the second (2nd) day off will
be considered the Designated Day off.
10.04 The
Company will not, solely for the purpose of avoiding the payment of overtime,
change the day or days off of a regular employee in a week in which a holiday
specified in Section 6 occurs.
10.05 An
employee who has been required to work on his assigned day or days off shall
not be laid off on one of his scheduled workdays in the same week solely for
the purpose of limiting his hours of work to forty (40).
10.06
When an
employee is off work due to a shutdown of his job, department, or plant
extending for not less than forty-eight (48) hours in excess of that normally
encountered in his projected work schedule, the assigned days or days off
previously applicable to such employee shall not be in effect.
10.07
When the
weekly crew schedule is prepared, hourly employees will not be scheduled as
relief supervisors, or on special projects, if in doing so overtime is assigned
to fill vacancies in the line of progression.
SECTION 11 - ALLOWANCE FOR FAILURE TO
PROVIDE WORK:
11.01 In
case any employee reports for work, whether it be one of his regular days, or
on his days off, having been ordered to report for such work, and then no work
is provided, he shall nevertheless receive three (3) hours pay for so
reporting, provided, however, that if there has been insufficient time for
notification of the employee by the employer or if the employer has been unable
to notify the employee after making a reasonable effort, no allowance for so
reporting shall be paid.
11.02 In
any day where an employee has commenced work on his regular scheduled shift, he
shall receive a minimum of four (4) hours pay, at straight-time rate, except in
cases of breakdown, accident, or interruption of power. This exception shall not apply to employees
commencing work on any shift beginning later than eight (8) hours after the
discovery of the breakdown, accident or interruption of power.
11.03 Note: It
is agreed that, in case of power or equipment failure, the Company is to
provide work for employees or notify them as to the duration of interruption or
the time for resumption of operation. In
the latter case, Call Time will be paid to employees who are not provided with
work or who are not held on the job and are recalled to work during the same
day.
SECTION 12 - CALL TIME:
12.01 Regular
hourly-paid employees will be paid three (3) hours Call Time at the
straight-time day rate in addition to the actual hours worked, subject to the
following conditions:
12.02 Call
Time will be paid if, in accordance with instructions from management, an
employee works on his designated day off as defined in Section 10 and Section
11, subject to the following exceptions marked (1), (2) and (3):
12.03 (1) When an employee works beyond his shift into
his designated day off for a period not to exceed four (4) hours, no Call Time
is payable.
12.04 (2) When an employee starts his following day's
work within his designated day off, no Call Time is payable if the period of
work within the day off does not exceed two (2) hours and if at least
thirty-six (36) hours notice thereof has been given prior to the start of such
work.
12.05 (3) No Call Time will be payable if thirty-six
(36) hours advance notice is given of the required work assignment.
12.06 Call
Time will be paid if, in accordance with instruction from management, an
employee works on a scheduled day off as defined in Section 10 and Section 11,
subject to the following exceptions marked (1) and (2):
12.07 (1) When an employee works beyond his shift into
his scheduled day off for a period not to exceed four (4) hours, no Call Time
is payable.
12.08 (2) No Call Time will be payable if thirty-six
(36) hours advance notice is given of the required work assignment.
12.09 Call
Time will be paid if, in accordance with instruction from management, an
employee punches out, either during or at the end of his regular shift and
reports for work again in the same day subject to the following exceptions
marked (1), (2) and (3):
12.10 (1) When the additional period of work in the
same day results from a reasonable meal period, no Call Time is payable.
12.11 (2) When the additional period of work in the
same day results from a single recall during a shift after a suspension of work
of one hour or more due to a failure of equipment or interruption of power, no
Call Time is payable.
12.12 (3) When the additional period of work in the
same day extends into the starting time of the employee's established shift on
the following day, no Call Time is payable if the period of work within the
same day does not exceed four (4) hours and if at least thirty-six (36) hours
notice thereof has been given prior to the start of such work.
12.13 Call
Time will be paid if, in accordance with instructions from management, the
starting time of an employee's work is changed to a new starting time either
earlier or later than the previously established starting time subject to the
following exceptions marked (1), (2) and (3):
12.14 (1) When notice of the change in starting time is
given at least thirty-six (36) hours prior to the newly established starting
time, no Call Time is payable.
12.15 (2) When the change in starting time is for a
temporary period only, no Call Time is payable for the second change in
starting time when the employee changes back to his previously established
starting time at the end of the temporary period.
12.16 (3) When the change of starting times is made to
Extra Board employees.
12.17 It
is agreed that the starting time of an employee's work may be changed at any
time by the management.
12.18 It
is further understood and agreed that in the payment of Call Time on the basis
provided in this Section, not more than one basis shall be used to cover the
same period of work, nor will Call Time be added to or paid in lieu of
allowance payable under Section 12 or Section 13.
SECTION 13 - ALLOWANCE TO TOUR WORKERS:
Changes - Fourdrinier Wires and Clothing
13.01 Tour
workers who put on Fourdrinier wires, and/or clothing, shall be paid for the
time worked plus four (4) hours, but no less than a total of four (4) hours on
any one wire.
13.02 All
machine wash-up done preparatory to putting on such a Fourdrinier wire and/or
clothing shall be construed as clothing or wire time and paid for as such.
13.03 In
cases where more than one machine is involved, the above allowance shall be
paid for each machine.
13.04 Pay
for the allowance time provided above shall be figured at straight time even
though the actual time worked is paid for at the overtime rate.
13.05 Provisions
of this article will apply to tour workers assigned as day workers.
SECTION 14 - STARTING AND STOPPING WORK OF
TOUR WORKERS:
14.01 When
a tour begins, each tour worker is required to be in his place. At the end of a shift, no tour worker shall
leave his place to wash up and dress until his mate has changed his clothes and
reported to take on responsibility of the position. If a tour worker does not report for his
regular shift, his mate shall notify the foreman. He shall then remain at his post until a
substitute is secured and, if necessary, he shall work an extra shift. It is the duty of a tour worker to report for
his regular shift, unless he has already arranged with his foreman for a leave
of absence. If unavoidably prevented
from reporting, he must give notice to his foreman or at the office at least
four (4) hours before his tour goes on duty.
SECTION 15 - STARTING AND STOPPING WORK OF
DAY WORKERS:
15.01 Day
workers shall be at their respective posts ready to begin work at the time
their pay starts and shall not quit work in advance of the time their pay
stops. For example, if a mechanic's pay
time is from
15.02 Where
employees have scheduled lunch and rest breaks, such scheduled periods may be
changed to meet operating conditions and rescheduled at a different time as
soon as possible.
15.03 Employees
are normally not expected to leave plant premises after the start of their
scheduled shift. Should it be necessary
to leave the plant during lunch or rest periods, employees will inform their
supervisor prior to leaving and punch out and back in on the time clock.
SECTION 16 - HIRING, WARNINGS, SUSPENSIONS
AND DISCHARGE:
16.01 The
Company has the sole right to hire, discipline, and/or discharge any employee. Simpson agrees to exercise its right to
discharge and discipline when it has just cause. If any employee or the
16.02 The
Company reserves the exclusive right to establish reasonable company working
rules which shall be binding on all employees when they are reduced to writing
and posted on specified bulletin boards.
New rules, or changes in rules, may be subject to discussion between the
Union Standing Committee and Local management.
In case of disagreement, the grievance procedure may be used.
16.03 The
following are examples of causes of immediate discharge, but this listing is
not meant to be all inclusive and is subject to change in accordance with the
provisions of this Agreement.
16.04 (1) Possession, sale, or use of dangerous drugs
or narcotics, or drinking related to employment.
16.05 (2) Disobedience.
16.06 (3) Smoking in prohibited areas.
16.07 (4) Deliberate destruction or removal of
Company's or another employee's property.
16.08 (5) Negligence.
16.09 (6) Refusal to comply with posted Company rules.
16.10 (7) Disorderly conduct.
16.11 (8) Falsification of Company records or information
used to obtain benefits.
16.12 (9) Giving or taking a bribe of any nature, as an
inducement to obtaining work or retaining a position.
16.13 (10) Failure to report for duty without bona fide
reasons.
16.14 (11) Sexual harassment or harassment calculated to
inflict mental anguish or distress to fellow employees or other persons having
a business relationship with the Company.
16.15 Discharge
or suspension of an employee (not including a temporary layoff) shall be based
on just and sufficient cause with full explanation given to the employee in
writing. The Standing Committee of the
Local Union will be notified of the discharge or suspension as soon as possible
following the action taken.
SECTION 17 - BULLETIN BOARDS:
17.01 The
employer shall supply adequate enclosed official bulletin boards for the use of
the Signatory Unions in posting of officially signed bulletins.
SECTION 18 - SAFETY:
18.01 Employees
and Signatory Company are to comply with all safety rules as established by the
Company from time to time.
18.02 Supervisors
are to confine their instructions and procedures within the generally accepted
standards of safe practices.
18.03 The
Local
18.04 After
one (1) year on the payroll, the Company will pay up to $ 100 toward the
purchase of safety shoes per contract year.
Such shoes may be purchased through the mill safety shoe program or
through any vendor chosen by the employee provided that the shoes purchased
meet the standards established by the Company.
In order to be reimbursed, the employee will be required to provide
proof of purchase.
18.05 It
is understood that working more than sixteen (16) continuous hours is not
desirable to maintain a safe working environment and will be avoided if
possible. If it is necessary to work
more than sixteen (16) continuous hours an employee will be relieved upon the
employee's request or when the supervisor believes the employee cannot perform
the work in a safe manner.
SECTION 19 - SENIORITY:
19.01 In
promotions and layoffs, the principles of seniority will govern, qualifications
considered. In any case of promotion,
layoff, or reemployment, the Union Standing Committee shall be consulted by the
management and be privileged to present recommendations which will be
considered by the management prior to the decision by the management. In cases where time does not permit such
prior consultation, the management shall take temporary action only, until
recommendations of the Union Standing Committee can be obtained. Management shall give the Union Standing
Committee written notice in each instance in which it, without the agreement of
the Union Standing Committee, decides to and does promote, layoff or reemploy,
out of seniority, on the ground that a senior employee is not qualified. The Local Union may pursue a complaint as the
management's evaluation of qualifications provided that within ten (10) days
after receipt of such written notice of management's decision, Local Union
gives written notice to management that it desires consideration of the
complaint by the Mill Manager and the Local Union concerned. If a satisfactory settlement is not reached
at that level, the
19.02 The
following seniority program shall be applied:
19.03 When
a temporary lay off of jobs occurs that lasts less than seven (7) work days or
is expected to last less than seven (7) work days, the regular employees
scheduled to the curtailed jobs will revert
to the Extra Board and will be allowed to use their seniority to replace
junior extra board employees on the same shift provided they are qualified to
perform the work. The rescheduling of
employees will be arranged as soon as practical without loss of efficiency to
the operation but no later than three days (3) following the curtailment.
In addition, if
the lay off is anticipated to last or lasts more than seven (7) days, curtailed employees will be
scheduled to jobs they are qualified to perform using their mill seniority at
the next usual time for scheduling the week’s work. A new work schedule for the
workweek beginning on Monday at
19.04 When
a permanent layoff of regular jobs occurs the following curtailment procedures
will apply:
19.05 If
the curtailment is in the Paper Mill, employees whose jobs are to be curtailed
may use their progression seniority to displace the junior employee in order of
jobs previously held within the progression ladder. Employees who do not have enough seniority to
stay in the progression ladder will use their Paper Mill seniority to bump the
junior employees from the Paper Mill bid positions. Employees who do not have enough seniority to
stay in the Paper Mill will bump the junior employees on the Extra Board. Employees who are displaced from the Paper
Mill Extra Board may displace the junior employees on the combined Mill Extra
Board. While on the Extra Board, Paper
Mill employees will use their total mill service for non-bid purposes. For bid purposes in the Paper Mill their
Paper Mill seniority plus combined Mill Extra Board seniority will be
used. For bid purposes in the Pulp Mill
only their combined Mill Extra Board seniority will be used.
19.06
If there is
a permanent curtailment in the Pulp Mill, employees in curtailed jobs may use
their Pulp Mill seniority to displace the junior employee on the combined Mill
Extra Board. While on the Extra Board,
Mill seniority will be used for non-bid purposes. For bid purposes in the Pulp Mill, their Pulp
Mill seniority, plus combined Mill Extra Board seniority will be used. For bid purposes in the Paper Mill only their
combined Mill Extra Board seniority will be used.
Senior regular employees who incur more than 30
days of consecutive curtailment will be offered training in other areas of the
Mill to meet Mill requirements.
Regular employees who are permanently curtailed
will retain the right to bid on any posted vacancy. Further, those permanently curtailed
employees will retain the right to the next entry level job in the department
they were curtailed from, based on their department seniority and
qualifications. The rights of this
paragraph will terminate upon the acceptance of any other bid job.
19.07 Employees
who use their seniority to bump other employees must have the qualifications to
learn and perform the work before they will be allowed to bump. If the
efficiency of the mill would not be effected, employees may be allowed to
choose not to exercise their seniority bumping rights and choose to be laid off
instead of laying off a junior employee.
19.08 Any
employee who is laid off, must keep the Company and the
19.09 Should
an employee elect to transfer from one department to another, the employee will
in practically all cases, start in the new department at the lowest paid
job. Promotion within the department
will be, as far as practicable, by hourly rate.
An employee electing to transfer from one department to another or to
accept a promotion shall retain seniority rights to his previous job for a
period of up to forty-five (45) working days.
Promotion or transfer will be approved or disapproved by Management
within forty-five (45) working days. The
forty-five (45) working days can be extended by mutual consent of the Local
Union and the Company for up to an additional forty-five (45) working
days. Seniority rights of all employees
affected by the transfer or promotion in question shall be protected for the
additional period up to forty-five (45) working days.
19.10 An
employee may voluntarily decline a promotion for a bona fide reason and shall
be permitted to retain his existing job without prejudice.
19.11
When a
vacancy occurs in an entry level position of any department, (except the jobs
designated with an "*" on the wage rate schedule) notices will be
posted on designated bulletin boards, giving employees five (5) days to make
application in writing for such a job.
A job bid will be posted within two weeks
following the decision to fill an entry-level vacancy. In situations where the job is designated and
announced as temporary for less than 6 months, the job may be filled by
assignment. If the temporary situation
extends past 6 months the
An employee will only be the successful bidder
for one bid position at any time, provided that the training begins in 45 days
of the posting selection and the training is completed within 6 months of the
posting. If the training is not
commenced or completed within the specified period, the employee may bid on
other relief jobs without penalty or loss of rights to the first bid. No employee will be permitted to successfully
bid on more than two job bids in any consecutive 12-month period. If the employee is disqualified by the
Company, the employee will not be charged with a bid under this paragraph.
19.12 Application
of employees who are absent on vacation shall be honored for not more than
three (3) days after their return to work.
19.13 The
Company will grant a leave of absence as a matter of right to any employee who
is elected to an official position, or is delegated by the Union to perform
work which necessitates temporary cessation of work for the Company for a
period of not over six months if such leave of absence does not interfere with
or hinder continued operation of the plant in any way without loss of
accumulated seniority or the right to continued employment, upon the completion
of the work such person is performing for the Union.
19.14 The
Company will notify the
19.15 Newly
hired regular employees shall be considered as probationary employees for a
period of ninety (90) working days following the last date of hire. However, if the employee is retained in the
employ of the Company after the expiration of the ninety (90) day probationary
period, his seniority shall revert to such last day of hire. The probationary period may be extended by
mutual consent.
19.16 Probationary
employees only have rights and benefits as specified in the Labor Agreement and
may be terminated without recourse to the grievance and arbitration procedure.
19.17
A regular
employee who has a bona fide reason, such as a certified medical condition may
be permitted to demote in the line of progression to a level that will allow
the employee to work up at least one level in the line of progression. If no such job exists in the line of progression,
or the employee so chooses, the employee will be placed on the extra
board. An employee so demoted will lose
all rights to the previous job, and will become the senior employee in the new
job classification. The job secured by
demotion will be considered as the employee’s regular job for future actions.
19.18 When
qualified production employees are required to work during a shutdown, in the
event enough qualified volunteers cannot be secured, the junior qualified
employee in that classification will be required to work.
19.19 Medical
Leave - an employee, after having served the required probationary period, may
be granted a leave of absence for medical reasons upon the presentation of a
certificate from a reputable physician setting forth the reasons justifying the
request. Such leave of absence shall
begin at the time recommended by the physician retained by the employee, and
shall continue until such time as the physician determines the employee is
physically able to resume the normal duties for which the employee was
employed.
19.20 Employees
returning to work from a leave of absence will be returned to the job they
occupied at the time their leave became effective, provided they are qualified
(physically and job-wise), and have the necessary retained seniority.
19.21 Seniority
and employee rights to employment shall cease under any one of the following
conditions:
19.22 (1) When an employee voluntarily leaves the
employ of the Company;
19.23 (2) When an employee is discharged unless
reversed through the grievance procedures;
19.24 (3) When an employee fails to return from leave
of absence as scheduled;
19.25 (4) When an employee fails to return from lay-off
upon recall as specified herein;
19.26 (5) When an employee has been on lay-off for one
(1) year;
19.27 (6) When an employee has been disabled from work
due to a compensable industrial illness or injury for twenty-four (24)
consecutive months;
19.28 (7) When an employee has been on non-industrial
illness or injury leave for eighteen (18) months;
19.29 (8) When an employee is medically certified to
being totally disabled from further employment.
SECTION 20 - MEALS:
20.01 If
requested, one meal, which shall be hot if practical, shall be furnished at a
usual meal time by and at the expense of the employer to any employee who:
20.02 (1) Is required to work eleven (11) consecutive
hours, or
20.03 (2) Is notified to report for work with less than
one (1) hour prior notice and is required to work four (4) consecutive hours.
20.04 If
requested, an additional meal, which shall be hot if practical, shall be
furnished at a usual meal time by and at the expense of the employer to an
employee qualifying above for each additional four (4) consecutive hours worked
beyond eleven (11) hours, and to an employee qualifying if he is required to
work for eight (8) consecutive hours; provided that an employee other than a
regular employee shall not be entitled to the benefit above unless he then has
an established work schedule.
20.05 Meal
tickets issued in lieu of receiving a hot meal will be voided if not used
within thirty calendar days of their date of issue.
SECTION 21 - VACATIONS:
21.01 Employees
as defined in this Agreement shall be granted one (1) week of vacation with pay
subject to the following terms and conditions:
21.02 To
be eligible for a week of vacation during the year subsequent to any June 1st,
the employee must be on the payroll of the Signatory Company on said June 1st
and either:
21.03 (1) Have been an employee for not less than one
(1) year prior to said June 1st, during which year the employee worked a
minimum of 1,000 hours, or
21.04 (2) Have worked a minimum of 1,200 hours prior to
said June 1st.
21.05 Provided
that, with respect to either (1) or (2) above, if a termination of employment
occurred in the eligibility period, credit for length of employment or for
hours worked prior to the termination of employment shall not be included.
21.06 Employees
as defined in this Agreement shall be granted two (2) weeks vacation with pay
subject to the following terms and conditions:
21.07 To
be eligible for two (2) weeks vacation during the year subsequent to any June
1st, the employee must be on the payroll of the Signatory Company on said June
1st and have worked a minimum of 1,000 hours during the year just preceding
said June 1st, and in addition must:
21.08 (1) Have been an employee for not less than two
(2) years prior to said June 1st, or
21.09 (2) Have worked a minimum of 1,200 hours prior to
June 1st in the first year of his employment and have been an employee for not
less than one (1) additional year.
21.10 Provided
that, with respect to either (1) or (2) above, if a termination of employment
occurred in the eligibility period, credit for length of employment or for
hours worked prior to the termination of employment shall not be included.
21.11 Employees
as defined in this Agreement shall be granted (3) weeks vacation with pay
subject to the following terms and conditions:
21.12 To
be eligible for three (3) weeks vacation during the year subsequent to any June
1st, the employee must be on the payroll of the Signatory Company on said June
1st and have worked a minimum of 1,000 hours during the year just preceding
said June 1st, and in addition must:
21.13 (1) Have been an employee for not less than five
(5) years prior to June 1st, or
21.14 (2) Have worked a minimum of 1,000 hours prior to
June 1st in the first year of his employment and have been an employee for not
less than four (4) additional years.
21.15 Provided
that, with respect to either (1) or (2) above, if a termination of employment
occurred in the eligibility period, credit for length of employment or for
hours worked prior to the termination of employment shall not be included.
21.16 Employees
as defined in this Agreement shall be granted four (4) weeks vacation with pay
subject to the following terms and conditions:
21.17 To
be eligible for four (4) weeks vacation during the year subsequent to any June
1st, the employee must be on the payroll of the Signatory Company on said June
1st and have worked a minimum of 1,000 hours during the year just preceding
said June 1st, and in addition must:
21.18 (1) Have been an employee for not less than ten
(10) years prior to June 1st, or
21.19 (2) Have worked a minimum of 1,000 hours prior to
June 1st in the first year of his employment and have been an employee for not
less than nine (9) additional years.
21.20 Provided
that, with respect to either (1) or (2) above, if a termination of employment
occurred in the eligibility period, credit for length of employment or for
hours worked prior to the termination of employment shall not be included.
21.21 Employees
as defined in this Agreement shall be granted five (5) weeks vacation with pay
subject to the following terms and conditions:
21.22 To
be eligible for five (5) weeks vacation during the year subsequent to any June
1st, the employee must be on the payroll of the Signatory Company on said June
1st and have worked a minimum of 1,000 hours during the year just preceding
said June 1st, and in addition must:
21.23 (1) Have been an employee for not less than
fifteen (15) years prior to June 1st, or
21.24 (2) Have worked a minimum of 1,000 hours prior to
June 1st in the first year of his employment and have been an employee for not
less than fourteen (14) additional years.
21.25 Provided
that, with respect to either (1) or (2) above, if a termination of employment
occurred in the eligibility period, credit for length of employment or for
hours worked prior to the termination of employment shall not be included.
21.26 Employees
as defined in this Agreement shall be granted six (6) weeks vacation with pay
subject to the following terms and conditions:
21.27 To
be eligible for six (6) weeks vacation during the year subsequent to any June 1st,
the employee must be on the payroll of the Signatory Company on said June 1st
and have worked a minimum of 1,000 hours during the year just preceding said
June 1st, and in addition must:
21.28 (1) Have been an employee for not less than
twenty (20) years prior to June 1st, or
21.29 (2) Have worked a minimum of 1,000 hours prior to
June 1st in the first year of his employment and have been an employee for not
less than nineteen (19) additional years.
21.30 Provided
that, with respect to either (1) or (2) above, if a termination of employment
occurred in the eligibility period, credit for length of employment or for
hours worked prior to the termination of employment shall not be included.
21.31 Time
lost as a result of an accident, as recognized by the Worker's Compensation
Board, suffered during the course of employment, shall be construed as time
worked in applying the above provisions for the first twenty-four (24) months
from the date disability occurs.
21.32 For
the purpose of determining the qualification for vacations of an employee with
five (5) or more years of continuous service, time lost by him for which
non-industrial sickness or accident benefits are paid to him under the
Company's Welfare Plan shall be construed as time worked in applying the
provisions of subparagraphs 21.11, 21.16, 21.21, and 21.26 of this Section
21. Provided,
21.33 (1) Time so lost shall be computed at eight (8)
hours per day and forty (40) hours per week, and
21.34 (2) If the time lost so computed exceeds 520
hours in any contract year, only 520 hours shall be considered as worked under
the provisions of this subparagraph.
21.35 It
is agreed that any employee who has left the employ of the Signatory Company
prior to June 1st for the purpose of serving in the armed forces, but who
otherwise has fulfilled the qualifications for a vacation during the year just
preceding that June 1st, will be granted vacation pay. The vacation pay will be mailed to the
employee immediately following said June 1st, provided satisfactory proof has
been furnished to the Company that the employee is serving in the armed forces.
21.36 Any
returning serviceman who:
21.37 (1) Was on the payroll of the Signatory Company
at the time of induction into the armed forces; and
21.38 (2) Made application to return to the employ of
the Signatory Company within ninety (90) days after being relieved from duty in
the armed forces; and
21.39 (3) Actually performed work for the Signatory
Company on, or before, the June 1st immediately following his return from the
armed forces; and
21.40 (4) Had qualified for one (1) week of vacation
while in the employ of the Signatory Company in the eligibility period in which
he was inducted, or in the next preceding eligibility period, or whose service
with the Signatory Company immediately preceding his induction, plus his
service since his return from the armed forces immediately preceding June 1st,
is sufficient to qualify him for a vacation under the requirements existing at
the time he returns, shall be granted one (1) week of vacation pay, whether or
not he worked 1,000 hours in the eligibility period immediately prior to said
June 1st.
21.41 Any
returning serviceman, when he has qualified for one (1) week vacation on any of
the basis made available to him and whose total length of service with the
Signatory Company, including the time spent in the armed forces, is sufficient
to qualify him for a longer vacation, shall be granted the longer vacation
without applying the requirements of hours worked to that period spent in the
armed forces.
21.42 It
is understood that there shall be but one vacation for each eligibility period.
21.43 The
allotment of vacation time is to be decided by management. No employee is to have the privilege of
drawing the vacation pay and continuing to work in lieu of taking the vacation
except as provided herein.
21.44 The
vacation must be taken within the June 1 through May 31 vacation base year;
that is, it may not be accumulated to be used the following year.
21.45 The
vacation pay for an employee who qualifies is to be computed as fifty (50)
hours per week at the higher of:
21.46 (1) The job rate of his regular job as such rate
exists on the day his vacation starts, or
21.47 (2) The weighted average straight time hourly
rate paid to the employee in the prior contract year, adjusted for the change,
if any, in his average rate effective on the first day of June next preceding
the time at which his vacation is taken.
Said average rate (1) for an employee who worked at the same job rate
during the entire prior contract year is that job rate, and (2) for an employee
who worked at more than one job rate in the prior contract year shall be
determined by the following procedure: Multiply the number of hours he worked
in said year at each job rate by that job rate; add the amounts so computed;
and divide the sum by the total number hours he worked in said year.
21.48 Employees
will schedule at least four (4) weeks of vacation (if applicable). The Company agrees to issue proper forms by
March 1 of each year for the purpose of vacation scheduling. Employees will
have until April 1 of each year to submit preferred vacation time according to
the guidelines established by the Company.
Employees who schedule vacation during this period will have their
vacation scheduled on the basis of seniority so far as practicable. The Company will announce by May 15 the
approval of vacations scheduled during this period. Employees who schedule vacation outside of
this period will be considered on a first submission basis. Prior to the March 1 posting, the Company
will meet with the
21.49 Employees
may receive pay in lieu of vacation time off for weeks of vacation over four
(4) weeks at any time by submitting their request in writing at least 15 days
in advance of the requested payment.
Vacation that is not scheduled and used by the end of the vacation year
will be paid to the employee within 15 days following the completion of the
vacation year.
21.50 It
is further agreed to permit each eligible employee to take all weeks of his
total yearly vacation entitlement on a shift-to-shift basis.
21.51
Regular
position day workers will not be scheduled to work consecutive scheduled days
off prior to their vacation unless there are no other qualified employees
available.
21.52 If
it is not possible to step up the shift on which the vacancy occurs, the
Company will ask the employees in the next lower classification to change
shifts and step up according to seniority.
Should all employees in that classification refuse, the junior qualified
employee will be required to change shifts and take the step up.
21.53 Employees
will not have their scheduled vacation cancelled within two (2) calendar weeks
from the start of the scheduled vacation, without approval of the employee,
except in cases of emergency.
SECTION 22 - ADJUSTMENT OF COMPLAINTS:
22.01 This
section governs adjustments of all grievances except those arising from
discharge or suspension.
22.02 Standing
Committees:
22.03 (1) The Mill Manager shall appoint a Company
Standing Committee of three (3) individuals, which will represent the Company.
22.04 (2) PACE shall select from the membership of its
Locals 8-237 and 8-586 Union Standing Committees consisting of three (3)
members from each Local which shall represent that Union for the purpose stated
in this Agreement.
22.05 (3) In order to be eligible for membership on any
such committee, an employee must have been actually engaged in the plant for
one year preceding his selection.
22.06 (4) The Company Standing Committee and the Union
Standing Committee has the authority to make the final decision, consistent
with the current Labor Agreement, on matters coming before them. Either party may express reservation that it
desires to refer the question under consideration to higher authority.
22.07 (5) Conclusions reached in Steps III and IV shall
be prepared and signed by the appropriate parties. Copies shall be supplied to
each Local Union.
22.08 Should
there be any dispute or complaint as to the interpretation of any provision of
this Agreement, or any grievance arising out of the operation of this
Agreement, herein collectedly referred to as grievances, the employee shall
work as directed by Management, pending final adjustment of the grievance.
22.09 Step I. Such grievance shall first be taken up by the employee
with his supervisor within ten (10) working days after the occurrence of a
grievance is known to the grievant. The
employee may have a Shop Steward accompany him when he discusses the grievance
with his supervisor. If no satisfactory
settlement is made, the employee may
22.10 Step II. Within thirty (30) days of the date of
occurrence, the grievance will be submitted by the Union Standing Committee.
22.11 (a) Within five (5) days of date of written
notification by Union Standing Committee to the Company Standing Committee of
the existence of the grievance, the two committees shall meet. Subjects not listed on the written
notification may be dealt with by mutual agreement.
22.12 (b) If the two committees are unable to arrive
at a satisfactory settlement within five (5) days of their initial meeting, to
be timely the Union Standing Committee must
22.13 Step III. Refer the grievance in writing to the Human Resources Manager
within fifteen (15) days of the expiration of the five (5) day period in Step
II (b).
22.14 (a) Within seven (7) days of date of such
written notice, the Human Resources Manager or his representative and Local
Union shall meet.
22.15 (b) If the Human Resources Manager or his
representative and the Local Union are unable to arrive at a satisfactory
settlement within seven (7) days of their initial meeting, to be timely the
Local Union must
22.16 Step IV. Refer the grievance in writing within twenty-five (25) days
of the expiration of the seven (7) day period in Step III (b) to the President
of the Signatory Union concerned, or his representative, and the Mill Manager
or his representative, neither of whom has previously judged the grievance in
accordance with this section. (Copy of
referral shall be delivered to Mill Manager.)
22.17 (a) Within twenty-five (25) days of date of such
written notice these two shall meet.
22.18 (b) If these two are unable to arrive at a
satisfactory settlement within twenty-five (25) days of their initial meeting,
to be timely the Union concerned must
(1)
proceed to
Step V or
(2)
if the
Local Union and the Mill Manager are unable to arrive at a satisfactory
settlement at the fourth step, either party may elect to refer the grievance to
a mediation process prior to proceeding to Step V of the grievance procedure.
The mediator will be selected by mutual agreement and scheduled in at the
earliest possible time. The mediator will attempt to mediate a resolution of
the issue that must be accepted by the union and the company. In the event a
resolution is not acceptable, the Mediator will make a bench opinion as to the
possible outcome in future arbitration which will not be binding on the
parties. Recommendations by the Mediator or settlement discussions by the
parties during the mediation process will not be introduced in any subsequent
arbitration of the issue. The parties will share equally in the cost of the
mediation process in the same manner as that used for arbitration.
The
parties may refer the issue to Step V – Arbitration within the specified time
limits following the conclusion of the mediation process.
22.19 Step V. Submit the grievance to arbitration as provided in Section
23 of this Agreement within thirty (30) days of the expiration of the
twenty-five (25) day period of Step IV (b).
22.20 The
parties in Step II, in Step III and in Step IV may by mutual agreement in
writing, extend the time limit specified in Step II (b), in Step III (b), and
in Step IV (b) for a period not to exceed thirty (30) days.
22.21 In
cases of grievances affecting substantial groups within the mill or the Local
Union, an official or some other representative appointed by the Local Union
shall be privileged to take the matter up directly with the Human Resources
Manager in accordance with Step III.
22.22 It
is understood that in all discussions concerning grievances, any officer or
representative of the Signatory Union involved may accompany local adjustment
committees in their meetings and the officer, or representative, may call upon
members of adjustment committees or any other employee to accompany them in
their meeting with Company officials.
22.23 Records
of verbal or written warnings shall not be used as part of the employee's
disciplinary record for longer than one year provided that no further
disciplinary actions(s) are issued within that time, except for any program
established or agreed to by Management that may have less time periods for
maintaining and using disciplinary records.
SECTION 23 - ARBITRATION:
23.01 If
a complaint is not resolved in the above procedure, the
23.02 The
party desiring arbitration may apply to the Federal Mediation and Conciliation
Service to be furnished with a list of eleven qualified arbitrators. Within thirty (30) days from receipt of such
list of arbitrators, the
23.03 The
arbitrator shall be authorized and issue a decision and award in writing on any
grievance as defined above presented for arbitration. The fees and expenses of the arbitrator shall
be shared equally by the Employer and the
23.04 The
rights and duties to request/demand arbitration under this Section shall apply
only to matters occurring or arising prior to termination of this
Agreement. A dispute which is based, in
whole or in part, on events that occur after termination of this Agreement is
not subject to the arbitration provisions of this Section 23.
SECTION 24 - EFFECT OF AGREEMENT:
24.01 It
is the intent of the parties that the provisions of this Agreement will
supersede all prior agreements and understandings, oral or written, expressed
or implied, between such parties and shall govern their entire relationship and
shall be the sole source of any and all rights or claims which may be asserted
in arbitration hereunder or otherwise.
Where previous contract language has been renewed, verbatim, in this
Agreement, it is intended that such language shall continue to have its prior
meaning and effect.
24.02 Subject
only to the specific provisions of the Agreement, the management of the
facilities and the direction of the working force shall be the exclusive right
of the Employer.
SECTION 25 - PROVISIONS FOUND TO BE IN
CONTRAVENTION OF LAWS:
25.01 If
any provision of this Agreement is in contravention of the laws or regulations
of the United States or of the State in which the mill covered by this
Agreement is located, such provision shall be superseded by the appropriate
provisions of such law or regulation so long as same is in force and effect but
all other provisions of this Agreement shall continue in full force and
effect. If the parties are unable to
agree as to whether or not any provisions, hereof is in contravention of any
such laws or regulations, the provisions hereof involved shall remain in effect
until the disputed matter is settled by the court or any authority having
jurisdiction in the matter.
SECTION 26 - OVERTIME:
26.01 Subject
to the conditions set forth in Paragraph 26.09 of this Section, any employee
paid on an hourly basis will, in addition to his straight time pay, receive
overtime at one-half the straight time hourly rate of the job for:
26.02 (a) All work performed on Sunday.
26.03 (b) All work performed on any of the holidays
listed in Section 6.
26.04 (c) All work performed in excess of eight (8)
straight time hours in any one day.
26.05 (d) All work performed in excess of forty (40)
straight time hours in any one week.
26.06 (e) All work performed in excess of eight (8)
continuous hours worked when such period of work extends across the end of a
workday into the succeeding day provided that such continuous period of work
begins four (4) or more hours before the start of the succeeding day.
26.07 (f) All work performed on scheduled or
designated days off, as such days are defined in Section 10, provided, however,
that this subparagraph (f) shall not apply if the work so performed results
because a regular scheduled or designated day off has been traded for another
day at the request and for the convenience of the employer, or employees,
involved.
26.08 Any
employee paid on an hourly basis will, in addition to his straight time pay,
receive overtime at the full time hourly rate of the job for all work performed
in excess of sixteen (16) consecutive hours.
26.09 In
applying the provisions of Paragraph 26.01 of this section, the following
conditions shall be in effect:
26.10 (a) No hour worked qualifies as an overtime hour
on more than one of the above six basis, except that work on a holiday may also
qualify under 26.05 (d). Time worked on
a holiday will be credited toward the forty (40) hour qualification.
26.11 (b) Should an hourly paid day worker on a Monday
through Friday work week be required to work sufficient hours after midnight to
prevent a normal rest period before assuming the duties of his next scheduled shift,
and should be required to work the next following Saturday, he will be credited
with any normal shift hours so missed in the computation of overtime for work
on such Saturday.
26.12 If
any workers are requested to work overtime, employees will be expected to do so
within reasonable limits unless excused for good cause.
26.13 An
employee who accepts a job outside the bargaining unit will not perform
bargaining unit work later the same day unless it is done within that
employee's regularly scheduled shift.
26.14 Employees
who work in excess of eight (8) hours during a holiday will be compensated at
double time for those hours worked in excess of eight (8) hours.
SECTION 27 - NIGHT SHIFT DIFFERENTIAL:
27.01 A
night shift differential of sixty cents (60¢) per hour shall be paid in
addition to the hourly job rate on any shift wherein one-half or more of the
scheduled shift hours fall after 6:00 p.m. and before 12 midnight.
27.02 A
night shift differential of eighty-three cents (83¢) per hour shall be paid in
addition to the hourly job rate on any shift wherein one-half or more of the
scheduled shift hours fall between 12 midnight and 6:00 a.m.
Effective
27.03 Such
night shift differential shall not be deemed a part of the hourly job rate when
applying the provisions of this Agreement except in the payment of overtime as
provided for in Section 26.
SECTION 28 - JURY DUTY ALLOWANCE:
28.01 Any
employee who has completed one or more years of continuous employment who is
required to perform jury duty or is required to appear as a witness in a court
trial by subpoena in which the employee is not a litigant, will be entitled to
reimbursement at the straight time hourly rate of his regular job for the hours
necessarily lost as a result of serving on the jury or reasonable time for
appearing as a witness. Provided, however, that such reimbursement shall not
exceed eight (8) hours per day or forty (40) hours per week, less pay received
for jury duty or witness service. When subpoenaed as a witness in order to
obtain the benefits of this section, notice to the Company and written proof of
subpoena service must be given at least 36 hours in advance of appearance
requirement. The employee will be required to furnish a signed statement from a
responsible officer of the court as proof of jury service and jury duty pay
received.
28.02 Hours
paid for jury duty will be counted as hours worked for the purpose of computing
vacation and holiday pay, but will not be counted as hours worked for the
purpose of computing any overtime.
SECTION 29 - BEREAVEMENT LEAVE:
29.01 When
death occurs to a member of a regular employee's immediate family, the
employee, at the employee’s request and upon providing proof of death, will be
granted reasonable time offfor
bereavement and funeral activities. , The employee will be compensated for such
activities at his regular straight time hourly rate for hours lost from his
regularly scheduled work days, provided they occur between the day of death and
the next following ten (10) calendar days with a maximum of three (3) days
compensation.
29.02 The
Company will agree to provide bereavement leave benefits of five (5) days with
pay in the event of the death of an employee's spouse or the employee's natural
or adopted children.
29.03 Members
of an employee's immediate family shall be limited to the employee's spouse,
mother, father, brothers, sisters, sons, daughters, mother-in-law,
father-in-law, grandparents, grandchildren, spouse's grandparents,
step-children, sons-in-law, daughters-in-law, brothers-in-law, and
sisters-in-law.
29.04 Compensable
hours will be counted as hours worked for the purpose of computing vacation and
holiday pay and will be counted as hours worked for the purpose of computing
weekly overtime.
SECTION 30 - WAGE RATES:
30.01 The
wage rates will be specifically as listed in the Wage Schedule attached hereto
and are effective as indicated on the Wage Schedule.
30.02 The
rates described in the preceding paragraph shall remain in force until the
termination of this Agreement, excepting as to any changes which may be made by
(1) mutual agreement between the Signatory Parties, or (2) adjustments
resulting from provisions of the wage increase portion of the agreement.
30.03 When
major changes are made in the mill, which create new jobs or substantially
change duties of existing jobs, management will evaluate the job and inform the
.
30.04 Effective
the first pay period coincident with or following
30.05 Effective
the first pay period coincident with or closest to
30.06 Effective
the first pay period coincident with or closest to
30.07 Effective
the first pay period coincident with or closest to
30.08
Effective
the first pay period coincident with or closest to
30.09 Effective
the first pay period coincident with or closest to
SECTION 31 - TERM OF AGREEMENT AND CHANGES
IN AGREEMENT:
31.01 This
Agreement shall be in effect from
31.02 All
notices given under the provisions of this Section on behalf of the Signatory
Union shall be given by the President (or Vice President) of the Signatory
Union and shall be given to the Mill Manager; similarly, notices on behalf of
the Signatory Company shall be given by said Mill Manager to said President.
31.03 This
Agreement may be modified as follows:
31.04 Either
party desiring any modification shall mail to the other party notice in writing
by registered mail sixty (60) days prior to August 31, 2009, or prior to any
subsequent August 31st on which this contract is in effect, that a modification
is desired; and if no such sixty (60) day notice is given prior to any August
31st, the earliest time at which such notice may later be so mailed is sixty (60)
days prior to August 31st of the next year.
31.05 If
notice of desire for modification has been given, the parties shall as soon as
agreeable to the parties following such notice, meet for collective bargaining,
the Signatory Company being represented in such negotiations by a bargaining
committee appointed by the Mill Manager and the Signatory Union being
represented by a bargaining committee selected by said Union. Any agreement or modification arrived at in such
negotiations and approved by a majority of the membership of the Signatory
Union shall be binding upon the parties to this Agreement. If such negotiations cannot be completed
prior to August 31st, following the day on which such notice was given, any
changes in compensation to employees shall nevertheless be retroactive to said
August 31st.
31.06 In
case negotiations conducted in accordance with (31.05) break down, either party
may terminate this Agreement upon the expiration of ten (10) days written
notice mailed by registered mail, to the other party, at any time after the
August 31st with reference to which the notice of modification has been mailed
as provided in (31.03).
31.07 Should
the parties be unable to agree to the terms and conditions of the reopener,
either party may elect to terminate the Agreement in accordance with Section 31
of the Labor Agreement.
SECTION 32 - WELFARE PLAN:
32.01 The
Company shall make available to such of its employees as elect to participate,
a Welfare Plan as follows:
32.02 An
insurance plan consisting of:
32.03 Effective
32.04 Effective
32.05 Effective
upon ratification, Accident & Sickness Weekly Benefits
(non-occupational), with a maximum of 52 weeks benefits in the amount of $365
per week for illnesses or injuries beginning on or after
32.06 Effective
32.07
Effective
32.08Effective
32.09 Effective
32.10 Effective
32.11 The
parties agree in principle that clinics, which are staffed with licensed
physicians, will be considered the same as accredited hospitals for purposes of
providing emergency room treatments.
32.12 The Company will pay a maximum of $385.61 towards the employee medical plan plus 75% of any additional cost of the planthrough June, 2006. Employees through payroll deduction will be charged for 25% of any increased cost through June, 2006. Changes to contribution rates may be made each July 1.
Effective
32.13
The Company will pay the total cost of other health and welfare benefits
for the duration of the
agreement.
32.14 If requested, the Company and the
32.15 Early retirees between the ages of 62 and 65, and for disability retirees age 55 but less than 65 will be eligible for retiree medical coverage for the retiree and eligible dependents on the same cost basis as for active employees until the retiree reaches age 65, when all coverages shall cease.
32.16 As agreed on
Simpson will continue the employee’s medical coverage and that of the eligible dependents until the employee reaches age 65 at which time all coverage will end unless the legal spouse is then under age 65 in which event eligible dependent and spousal coverage will be maintained until the spouse reaches age 65 at which time all coverage will end, except as provided by law.
32.17 During
the above period the Company will contribute the same toward the cost of
retiree medical coverage as for active employees. The retiree or spouse will be
required to pay the difference if any to maintain coverage.
32.18 Coverages
for HMS will be the same as the options selected by the employee while an
active employee, including any modifications made to the plan at a later date.
32.19 Upon
ratification, increase the Pension Plan benefit level for Simpson
service, for active employees retiring on or after
32.20 The Company will allow a retiree who has selected a joint survivor option and whose spouse predeceases him/her to have remaining pension benefits recalculated to a single life annuity form of payment.
32.21 For
vesting eligibility only, former Champion employees hired by Simpson at the
time of purchase will be credited with their Champion/St. Regis credited
service for purposes of vesting and eligibility in the Simpson pension plan but
not for the purpose of accruing additional benefits.
32.22 It
is agreed that the Company may merge the Simpson Paper company Hourly Pension
Plan with one or more other pension plans sponsored by Simpson Investment
Company or it’s subsidiaries, or restructure the plans provided any merger or
restructure follows established regulatory and actuarial requirements
pertaining to provisions, plan assets and accrued benefits.
32.23
As
described in the Benefits Booklet, for service earned in a plan year (January1
through December 31)beginning on or after
32.24 The Company and the
1.
The
Company, Unions and the PIUMPF must agree to modifications to the Standard Form
of Agreement to reflect the terms listed in number 6 below before this
agreement will be implemented.
2.
This
agreement will expire no later than the expiration date of the labor agreement
unless there is mutual agreement to extend the agreement.
3.
All
employees covered by this agreement will participate on the same basis.
4.
The
5.
As
long as the Company is participating on behalf of the employees, wage rates
will be reduced by 101%of the agreed to contribution. At such time as the
Company discontinues contributions to the PIUMPF, the wage rates will be
restored to the negotiated rates prior to the contribution.
6.
It
is understood that the Company may withdraw participation and cease contribution
at any time (subject to any withdrawal liability obligations under the plan)
that the participation conditions agreed to are not met, which will include
financial viability of the plan, any substantial withdrawal liability which
could accrue to the Company, or failure of the PIUMPF to provide financial
information to include plan assets and liabilities.
7.
Any
time in a plan year that maximum allowable contributions are made for an
employee, the employee’s negotiated wage rate will be restored for the
remainder of the plan year.
32.25 The
Company agrees to offer a 401(k) savings plan as outlined in the
benefits booklet.
.
32.26 The
Company will contribute fifty cents ($.50) for each dollar saved to a maximum
of five percent (5%) of each employee’s contribution.
SECTION 33 - NONDISCRIMINATION:
33.01 There
shall be no discrimination against an employee as prescribed by any Federal,
State Law, Executive Order and/or future anti-discrimination laws including but
not limited to age, race, sex, religion, color, national origin, mental or
physical disability, veterans of any U.S. Armed Services, union membership or
union activity.
33.02 It
is understood that where the pronoun "he" is used in this Labor
Agreement, it is meant to mean both "he" and "she".
33.03 The
parties for this agreement agree to comply with their obligations under the
Americans with Disabilities Act.
SECTION 34 - SEVERANCE PAY:
34.01 In
instances of addition, elimination or modification of equipment, or
discontinuance of an operation or location, which results in employment of
fewer employees, the following formula shall apply to those employees laid off.
34.02 An
employee who has completed five (5) years but less than ten (10) years of
continuous service shall receive an amount equal to 4% of his last twelve
months basic earnings as severance pay.
34.03 An
employee who has completed ten (10) years or more continuous service shall
receive 6% of his last twelve months basic earnings as severance pay.
34.04 Such
severance pay shall only apply to employees permanently laid off for three (3)
months following the date of layoff.
34.05 An
employee's recall rights will not be affected in any manner because of the
payment of severance pay. However, if
recall occurs before the time when a severance payment is due, no such payment
will be made. Or, if any employee is
offered recall according to the applicable recall provision in this case, and
it is refused, all recall and severance pay rights are automatically canceled.
34.06 If
an employee is recalled after having received the severance pay due him, he
will begin again, as of the date of return, accumulating a new period of time
as outlined in paragraphs (34.02) and (34.03), which will be credited toward
any future layoff.
IN WITNESS
WHEREOF, the parties hereto
have caused this Agreement to be executed.
SIMPSON TACOMA KRAFT COMPANY, LLC
By: Al
Fortener Don Johnson Jim Burg John
Conkle Tim Jaeger
Larry
Larsen Margo Sigler
PAPER, ALLIED-INDUSTRIAL CHEMICAL & ENERGY
WORKERS INTERNATIONAL
By: Al
Lippincott
By: | LOCAL NO. 8-237 | LOCAL NO. 8-586 | |||
Charles Whitt | Tim Handy | ||||
Robert Summers | Robert Smith | ||||
Chuck Gierke | Virgil Bender | ||||
Fred White | Teressa Gappmayer | ||||
Peter Zitka | William Williams | ||||
EXHIBIT
A
WAGE
SCHEDULE
Job Classification |
OCC |
2% |
2.5% |
9/1/052.25% |
2.5% |
3.0%
|
3.0% |
Chip
Handling & Storage: - Chip Processing Operator - Dozer Operator - Chip Loader Operator - Rail Operator - Clean-Up (Prior - Clean-Up (After - Chip Tester - Day * |
102 110 119 117 118 114 115 |
|
|
|
|
|
|
Digesters: - Continuous Digester #2 - Continuous Digester #1 - - |
………………302 303 |
|
|
|
|
|
|
Wash
& Screen Rooms: - Washer Operator - Washer Assistant |
321 323 |
|
|
|
|
|
|
Bleach Plant: Bleach
Operator Bleach Assistant |
400 401 |
|
|
|
|
|
|
Job Classification |
OCC |
|
|
|
|
|
|
Drying
and Baling - Pulp: - Machine Tender - Back Tender - Grader - Layboy - Line Operator |
500 501 502 503 504 |
|
|
|
|
|
|
Causticizing
Building: - Recaust Operator - Kiln Operator |
200 201 |
|
|
|
|
|
|
Loading
& Shipping: - Car Loader |
731 |
|
|
|
|
|
|
Technical
– Pulp: - Day Tester - Pulp Tester * |
821 736 |
|
|
|
|
|
|
Instrument ShopInstrument
Technician |
931 |
|
|
|
|
|
|
Job Classification |
OCC |
|
|
|
|
|
|
Yard: - Lead Utility - Utility #1 - Utility #2 - Truck Driver - Laborer (Prior - Laborer (After |
901 903 904 905 908 906 |
|
|
|
|
|
|
Lubrication: - Oiler (All Areas) |
992 |
|
|
|
|
|
|
Miscellaneous: - Recycle Operator - Recycle Assistant Operator - Waste Treatment Operator |
677 678 861 |
|
|
|
|
|
|
Stock
Preparation: - Beater Engineer - Beater Helper #1 - Starch Operator |
520 541
521 |
|
|
|
|
|
|
Machine
Room - General: - Spare Hand |
605 |
|
|
|
|
|
|
Paper
Machine - #13: - Machine Tender - Back Tender - Third Hand - Fourth Hand - Fifth Hand - |
610 611 612 613 614 |
|
|
|
|
|
|
Job Classification |
OCC |
|
|
|
|
|
|
Paper
Machine - #14: - Machine Tender - Back Tender - Third Hand - Fourth Hand - Fifth Hand - |
630 631 632 633 634 |
|
|
|
|
|
|
Loading
& Shipping – Paper: - Day Checker - Checker - - Car Loader - Conveyor Operator |
710 712
713 715 |
|
|
|
|
|
|
Technical
– Paper: - Day Tester - Senior Paper Tester - Paper Tester * * |
801 802 803 |
|
|
|
|
|
|
Extra
Board: Laborer Employees Hired Before Laborer Employees Hired After - New hires to the Extra Board will
receive this amount during their probationary period regardless of assignment
for the duration of the contract. - Upon completion of the
probationary period new hires to the Extra Board will receive this amount
when assigned to laborer work and $1.50/hour less than the scheduled rate of
the job when assigned to other work for the next 12 months or no longer
becomes an Extra Board person whichever comes first. - Upon completion of 12 months after
probationary period |
|
|
|
|
|
|
|
* Non-Bid Jobs