Document LJb3MOoBGqxaaEG7Xp1RVVavQ
AGREEMENT
BETWEEN
PITTSBURGH CORNING CORPORATION PLANT NO. 7
OWENTOWN, TEXAS AND
OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION
1968--1971
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TABLE OF CONTENTS
AGREEMENT
Article Article Article
Page
1 -- Definitions......... ..................
2
2 -- Recognition ...................
2
3 -- Responsibilities ofParties .......... 4
THIS AGREEMENT made and entered into as of the 24th day of September, 1968 be tween PITTSBURGH CORNING CORPORATION, for its Plant No. 7 located at Owentown, Texas
Article 4 -- Bulletin Board ............................. 6 j (hereinafter designated as the "Company''),
Article 5 -- Cooperation.................................. 6
and the OIL, CHEMICAL AND ATOMIC WORK
Article 6 -- Factory Rules............................... 8 Article 7 -- Military Service........................... 10
I
ERS INTERNATIONAL UNION, (hereinafter de signated as the "Union").
Article 8 -- Safety and Health ...................... 11
'
WITNESSETH
Article 9-- Seniority ..........
12
Article 10--* Grievance Procedure....................20
Article 11 -- Temporary WorkAssignments... 24
Article 12 -- Jury Service .................................25
Article 13 -- Holidays........................ -.............26
Article 14 -- Call In Pay....................................28
Article 15 -- Funeral Leave ............................ 28 Article 16 -- Hours of Work and Overtime....29
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Article 17 -- Vacation Plan...... ........................ 30 Article 18 -- Shift Differential......................... 33
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Article 19 -- Insurance Benefits ..................... 33 Article 20 -- Wage Rates ..................................35
Rate Schedules...............43, 44, 45 Article 21 -- Pension Program........................35 Article 22 -- Supervisory Employees ............ 36 Article 23 -- Miscellaneous ............................. 36 Article 24 -- Term of Contract....................... 37
Absentee Rule (Exhibit A)...i...... 39 Tardiness Rule (Exhibit B)........ 42 Rate Range Qualifications..........46
i The general purpose of this Agreement is
j in the mutual interest of the employer and the employee, to provide for the operation of the plant under methods which will further, to the extent practical, the general welfare, safe ty and health of the employee, economy of operation, quality and quantity of output, cleanliness of plant and protection of prop erty.
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ARTICLE 1
for all employees as hereinbefore defined for
DEFINITIONS
the purposes of collective bargaining.
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Section 1. Where the word "Company" i$
Section 2. Collection of Dues:
used in this Agreement, it means Plant No. 7 of the Pittsburgh Corning Corporation located at Owentown, Texas.
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1. Upon written authorization from any em ployee covered by this Agreement the Company agrees to deduct from wages
Section 2. Where the word "Union" is used in this Agreement, it means the Oil, Chemical and Atomic Workers International Union and its Local Union 4-202.
of any such employee his union member ship dues and to remit such dues promchy to the Secretary - Treasurer, Local Union 4-202.
Section 3. Where the word "employee" is used
2. In requesting deduction of Union member
in this Agreement, it means all hourly rated
ship dues members shall use the following
production and maintenance employees, truck drivers, warehousemen and industrial truck
written authorization form;
drivers employed by the Company at its Plant No. 7, Owentown, Texas pursuant to the Cer
tification of Representatives by the National Labor Relations Board in Case No. 16-RC-3237;
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Pittsburgh Corning Corporation Tyler, Texas
however, all of the following shall be excluded
You are hereby requested to deduct from
from the definition of the word, "employee", as used in this Agreement: all salaried employ ees, quality control employees, timekeepers, employees engaged in time motion and meth od studies, professional employees, plant pro tection employees and supervisors as defined in the Act.
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wages due me the sum of $as rry
initiation fee and a like sum each suc ceeding calendar month as my month y dues to Local Union No. 4-202, Oil, Chem ical and Atomic Workers International Union. This authorization sholl cover cno be applicable to any changes in my mohr.h-
ARTICLE 2
, ly dues which may be established by such local union, provided however, that such
RECOGNITION
local union shall have served you wl*h
Section 1. The Company recognizes the Union as the sole and exclusive bargaining agent
thirty (30) days written notice of any such change. You are hereby authorized and directed to pay the sums deducted to
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Local No, 4-202 for my account on or be
fore the _________ day of the calendar month for which said deductions are made. You are further authorized and requested to continue the monthly dues deduction unless written instructions are received by you from me to advise the discontinuance of this deduction.
Employee
Address
3. The Union shall indemnify and save the -- Company harmless against any and all
claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken or not taken by the Com pany in reliance upon written authoriza tion furnished to the Company by the Union or for the purpose of complying with any of the provisions of this Section.
ARTICLE 3
RESPONSIBILITIES OF PARTIES
Section 1. Each of the parties hereto acknowledges the rights and responsibilities of the other party and agrees to discharge its re sponsibilities under this Agreement.
Section 2. In addition to the responsibilities that may be provided elsewhere in this Agree ment, the following shall be observed:
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A. There shall be no union activity on Com
pany time, unless otherwise provided for
herein.
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B. There shall be no strikes, slowdowns, work stoppages or interruption or impeding of
work. No officer or representative of the Union shall authorize, instigate, aid or condone any such activities. No employee shall participate in any such activities.
C There shall be no lockouts.
D. The applicable procedures of this Agree ment will be followed for the settlement of all grievances.
E. All grievances shall be considered care fully and processed promptly in accord
ance with the applicable procedures of this Agreement.
Section 3. The management of the Company and the direction of the working forces, in cluding the right to hire, schedule shifts and
hours to be worked, promote, demote, trans fer, lay off, suspend, and discharge employees for proper cause and the assignment of work, are vested in the Company subject to the terms of this Agreement. Except as specific ally outlined in this Agreement, there shall
be no restrictions upon the Company in the management of its affairs.
Section 4. In order that each new employee may be made familiar with the provisions of this Agreement and his rights and respons-
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ibilities thereunder, the Company will provide each new employee with a copy of this Agree* ment at the time of employment by the Com pany.
ARTICLE 4
BULLETIN BOARD
Section 1. A bulletin board shall be furnished the Union by the Company for Union notices incident to meetings, dues, entertainment and other miscellaneous matters for official Union business only, with no matters considered in jurious to the Company or its policies.
ARTICLE 5
COOPERATION
Section 1. During the term of this Agreement, both parties hereby pledge that if any dis putes arise, they shall be settled in the manner provided for in the Grievance Article of this Agreement. Pending the processing of such matter, the aggrieved employee or employees shall carry out the'assignment as directed by Management.
Section 2. The Management's policy of ex,, pansion of output and cost reduction through
mechanical improvement, plant rearrange ment, or additions and developments, is of vital importance to employees and the Com pany, to the end that both conditions for the employees and the usefulness of the Com pany may be improved. The elements of methods, speeds, equipment, and the like are
a
the exclusive responsibility of the Company for the production and sale of material of good quality, produced at a cost free of dis advantages in a competitive market. There shall be no limit on or curtailment of produc tion.
Section 3. The Company reserves the right to set up the most efficient system of production.
Section 4. It is expected that all employees will perform their work effectively arid effi ciently to the best of their ability, and will cooperate in the introduction or installation of such processes, machinery, changes in, or introduction of new methods of operation, and job evaluation plans or systems as the Com pany may introduce or put into effect for the purpose of better and more efficient opera tions, to the end that the Company may in crease production and reduce costs so that the Company may adequately meet competitive conditions and maintain employment.
Section 5. The Company may in accordance with .the above Sections of this Article estab lish such fair and reasonable rules and effect such changes as are necessary to meet its operational requirements.
Section 6. In the event that the Company cre ates a new job classification or modifies an existing classification by materially changing its content the rate of pay shall be on the basis of the relation between the job content of such new or modified classification and
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the job content of the classifications for which rotes of pay are established by this Agree ment. Within thirty (30) days after the estab lishment of such job rate the Union may pro test the rate and present the matter as a grievance if it so desires starting with Step 2 of the grievance procedure.
ARTICLE 6
FACTORY RULES
Section 1, The Company shall have the right to make and, after proper publication thereof, to enforce any reasonable factory rule. The Company will supply the Union with a copy of such rule upon publication. Should the Union consider any such rule unreasonable, it shall be a matter for joint consideration as a griev ance by the representatives of the Union and those of the Company, under this Agreement. It is recognized that factory rules, forbidding the following offenses, are at present in force, and that any violation thereof by an employee shall justify the Company in imposing an appropriate disciplinary action including the penalty of suspension or discharge.-
a. Insubordination, inefficiency or incompe tency of any employee.
b. Failure to conform to rules of the Com pany, public laws or regulations pertain ing to health and safety.
c. Bringing intoxicating liquors into the plant, use of intoxicating liquors on Company
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property, or reporting for work or working while under the influence of liquor. (Also applies to narcotics in any form.)
d. Wilful destruction, damage, or stealing of any Company property or the property of
any employee on Company premises.
e. Fighting or gambling on Company pro perty.
f. Careless or wilful contamination of batch.
g. Purchasing the favor of supervisor by giv ing or loaning money or making gifts, ana the like. Both the employee and super visor shall suffer a like penalty.
h. Altering time punched in or out on time card, or punching another employee s time card.
i. Smoking in prohibited areas.
j. Wilful hindering or limiting production.
k. Sleeping during working hours.
l. Habitual carelessness or recklessness, play ing of tricks or pranks dangerous to other employees.
Section 2. In addition to the Factory Rules set forth in Section 1, the parties agree to the following absentee rules.-
a. Regular attendance is expected of every employee and all employees must use their best efforts to reduce absenteeism and tardiness to a minimum.
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b. If an absence or a tardiness is unavoid able an employee should give as much advance notice as possible to the Company at designated telephone numbers.
after conclusion of his military service with
the United States such re-employment rights as he shall be entitled to under then existing statutes.
c. Employees who have excessive absences or tardiness after the date of this Agree ment without good cause shall be subject to appropriate disciplinary action includ ing the penalty of suspension or discharge. This shall be uniformly administered.
d. Provided prior approval of the department head is obtained, employees may tempo rarily be permitted to exchange shifts for good personal reasons among employees
- in the same classification provided there is no additional cost to the Company.
Section 3. Any employee who feels he has been unjustly disciplined or discharged for the infraction of any above Company rule shall have the right to a hearing if he desires it; and the case of any employee desiring such hearing shall be handled as a grievance un der this Agreement.
ARTICLE 8
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SAFETY AND HEALTH
Section 1. The Company shall make reason able provisions for the safety and health of the employees of the Plant during their hours pf employment in accordance with the law. Protective devices, wearing apparel, and other equipment deemed necessary by the Company to properly protect employees shall be pro vided, and the employee will be responsible for such equipment and must turn it in to secure a replacement.
Section 2. It is understood that employees recalled from lay-off and employees returning from absence due to ill health of over one week may be required to submit to physical examination by the Company doctor before being assigned to jobs.
Section 4. The present Factory Rules regarding ; Section 3. The Company may, on the basis of
^ Absenteeism and Tardiness are attached to
medical advice, refuse to place any employee
this Agreement as Exhibits A and B respec
on any job which the Company feels will be
tively.
detrimental to the health and safety of the
ARTICLE 7
employee or his fellow employees,- however, in case there is a dispute in this regard be
MILITARY SERVICE
tween doctors, the dispute may be submitted
Section 1. The Company shall accord to each employee who applies for re - employment
to an impartial doctor selected by the Com
pany doctor and the employee's doctor for determination.
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Section 4. The Workmen's Committee and the Steward involved may discuss with manage ment existing problems, if any, relating to health and safety at a mutually convenient time.
ARTICLE 9
SENIORITY
Section 1. For the first forty-five (45) working days of his employment, an employee shall be on probation, ond during such period, shall be subject to discharge at the sole dis cretion of the Company. At the end of his
Erobationary period, the employee shall have is name entered on the seniority roster and his seniority date shall be that of the first day of his employment.
Section 2. For the purpose of the following applications, seniority shall be designated as Plant-Wide and Departmental. Plant-Wide seniority is determined by an employee's length of service with the Company at the Owentown Plant, including service with the Owentown Plant of Union Asbestos and Rub ber Company, subject to the provisions of Sec tion 4 of this Article.
Department seniority is determined by length of continuous service computed in years, months and days from the last date the em ployee permanently entered the Department, subject to the provisions of Section 4 of this Article. It is agreed that when an employee successfully bids on a job in another depart
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ment after the date of this Agreement he shall not lose his seniority in the former de partment but shall not continue to accumulate seniority in that former department. {This clause shall not be retroactive).
Section 3. Seniority shall not be broken by:
A. Time lost through illness or injury of less than twelve ()2) months.
B. Absence due to occupational injury for which employee receives Workmen's Com pensation.
C Time lost through layoff of less than eigh teen (18) months.
D. Serving the Union in an official capacity with an approved leave of absence.
E. Granted leaves of absence.
F. Service in the Armed Forces, as set forth in the Military Clause of this Agreement.
Section 4. Seniority shall be broken by any of the following contingencies.-
A. If an employee quits or resigns.
B. Discharge by the Company for just cause. C. Lay-off longer than eighteen (18) months.
D. Failure or refusal to report for work within seven (7) days after being recalled to work by notice sent by registered letter to em ployee's last known address on file with the Company.
E. If employee is absent for three (31 con-
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secutive days without notifying the Com pany and without a reasonable excuse.
F. Illness or injury longer than twelve (12) months, except occupational injury for which an employee receives Workmen's Compensation.
Section 5. It is agreed that departmental sen iority shall govern in cases of promotions and filling of permanent vacancies provided the senior employee is capable of performing the work required. In the event no employee in the affected department bids for the promo tion or permanent vacancy, then the bid shall be open to plant wide bidding and plant wide seniority shall govern provided the senior em ployee is capable of performing the work required.
A forty-five (45) working day probationary period will continue to apply to employees successfully bidding on and filling permanent vacancies. If, during this probationary period, a promoted or transferred employee elects to return to his former job, or foils to qualify on the job, he may be returned to the last previous job on which he satisfactorily com pleted his probationary period. The youngest classified employees in each of the jobs af fected by this backward movement will re turn to their former seniority status.
The employee who fails to qualify or who elects to return may do so only once in any twelve (12) month period. If on subsequent bids an employee fails to qualify or elects
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to change, he may either claim a minimum rated job provided he has sufficient plant wide seniority to displace the youngest em ployee on such a job; or he moy bid on any posted permanent vacancy; or, if unsuccessful on either, he may accept lay-off until success ful in claiming a minimum rated job or in bidding on a permanent vacancy. The lay-off period would be subject to Section 3 and 4 of this Article.
Section 6. It is agreed that in case of lay-offs, that first, departmental seniority shall govern among employees capable of doing the re quired work; however, in case such an em ployee does not have enough seniority to keep a job in his department, then he shall be en titled to use his plant wide seniority to obtain a minimum rated job provided an employee with less plant seniority is holding such a job. Laid off employees subject to recall will be recalled to work in the order of their plant seniority before new employees are hired.
Section 7, Permanent vacancies, if, jobs where re-occurring and repetitive work is to be per formed, will be posted within five (5) working days and remain posted for three (3) full working days. Any employee desiring to bid on the job will do so by signing the bid notice, copies of which shall be given to the Union. It is understood and agreed that when employees have been demoted or laid off for lack of work that they shall be restored to their former jobs when work is resumed with-
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out the necessity of bidding, for the resump tion of work will not be considered as creat ing a vacancy.
Section 8. Temporary-vacancies of more than thirty (30) days arising out of illness or in jury or occupational illness or injury for which an employee receives Workmen's Compensa tion, will be posted as Temporary Vacancies. The posting and filling of these temporary vacancies will follow the same procedure as for the posting and filling of Permanent Va cancies. However, an employee successfully bidding on Temporary Vacancies will not accumulate Seniority in the temporary posi tion or department, but will continue to ac cumulate Seniority in his former position and department.
If a Permanent Vacancy occurs in a posi tion filled by the Temporary Vacancy proced ure, the Permanent Vacancy will be posted as such and filled in accord with Sections 5 and 7 of this Article. .The employee filling the Temporary Vacancy must successfully bid on the Permanent Vacancy in order to begin to accumulate seniority in the position and de partment, Should such a bid be successful, "the Temporary Vacancy will again be posted provided the temporary vacancy will continue for an additional period of more than thirty (30) days.
The employee who has been on an ex tended leave of absence resulting in a Tem porary Vacancy shall be returned to his reg-
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ular position when he is physically abf to efficiently perform the work and has been so released by the Company Doctor. The em ployee holding that position on a temporary basis will return to his former position.
Vacancies arising out of absences in ex cess of thirty (30) days resulting from military service or serving the Union in an official capacity on an approved leave of absence shall be posted as Permanent Vacancies.
It is the intent of this Section to protect, as far as practical, ill or injured employees in their rights under this Article and that no other employees, as a result of a Temporary Vacancy, obtain greater claims to the posi tions involved.
The Company will fill temporary vacan cies of not more than thirty (30) days by the normal lines of progression among senior employees capable of performing the work as follows:
Relief Builders:
From the oldest qualified Master 8uilder on the shift.
Master Builders: From the oldest qualified Builder on the shift.
Builders:
From the oldest qualified Feeder on the shift.
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Feeder: '
From the oldest qualified Production La borer on the shift if Laborers are assigned. Normally, Production Laborers are not regularly assigned except during vaca tions or periods of absentee problems.
If these positions cannot be filled in this manner, and it is necessary to use employees on an overtime basis from the other shifts, the vacancy will be filled in accord with the present procedures governing distribution of overtime.
If the above procedure does not fill the temporary vacancy, the'Company may then fill the temporary vacancy as necessary.
The Company and the Union may mutually agree to set aside these procedures in the case of absences longer than thirty (30) days but not in excess of sixty (60} days.
Section 9. The Company shall furnish every six (6) months to the Union and post for six (6) months a list of all employees covered by the Agreement showing their seniority status* This list may be challenged by the Union with in thirty (30) days of original posting. If with in this period, the Union does not challenge said list, it shall be deemed final and as having the approval of both the Company and the Union.
Section 10. There shall be no bumping up.
Section 11. Continuous service records as com-
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piled by the Company and accumulated prior
to the date of this Agreement will be recog
nized.
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Section 12. In case of dispute. Company rec ords shall govern.
Section 13. In case more than one employee is hired on any one day, each such employee's seniority shall be determined by actual time of hire.
Section 14. Any member of the Union who is elected to office or who is delegated to per form any Union activity necessitating a tem porary leave of absence shall be granted a leave of absence without pay and without loss of seniority, and shall at the end of serv ice be reinstated to his former job or another
similar job in line with seniority and ability, provided, however, reasonable notice shall be given Employer. Such leaves shall not ex ceed one (1J year except by mutual consent
of the parties.
Section 15. Employees upon request and rea
sonable cause, may be granted leaves of ab sence without pay, not to exceed thirty (30) days. Such leaves shall not adversely affect an employee's seniority.
Section 16. An employee promoted from the unit to a supervisory position after the date of this Agreement shall not lose the seniority which he has accumulated, and shall continue to accumulate seniority after such transfer for
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d period not to exceed twelve (12) months additional.
Such employee promoted prior to the date of this Agreement shall have accumulated seniority to that time and for an additional twelve (12) months.
Section 17, It is agreed that a temporary lay off for a period of seven (7) working days or less shall not be considered a decrease in force and shall not involve the exercise of seniority.
Section 18. There shall be four departments effective as of the date of this Agreement: (1) Production; (2) Finishing; (3) Maintenance; and (4) Shipping, Receiving and Warehousing.
ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURE
Section 1. The Union shall designate a Work men's Committee as its representative in the Plant, and the names of the members of the Committee shall be given to the Work Man ager. This Committee shall represent the Union on all matters relating to the applica tion, interpretation and administration of this Agreement. The Workmen's Committee shall not consist of more than four (4) employees of the Company's Owentown Plant, made up of three (3) committeemen and one (1) chair man.
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section 2. Differences or disputes between the Company and the Union or employees cover ed by this Agreement as to the meaning and application of or compliance with the provi sions of this Agreement shall be settled in accordance with the provisions of this Article.
Section 3- Such differences or disputes shall be settled in the following manner:
STEP 1
An employee who believes he has a just
grievance shall discuss the alleged griev
ance with his Foreman accompanied by
his Steward if the employee so requests
within fifteen (15) days after the occurrence
in an attempt to settle same, consistent with
the terms of this Agreement. The Foreman
shall verbally answer the grievance within
two (2) working days.
'it
STEP 2
The aggrieved party, if not satisfied, shall then refer his grievance in writing to the Workmen's Committee which will make an investigation of the grievance promptly,
and in the event the grievance, in the opin ion of the Workmen's Committee, is justi fied, it shall be presented in writing by the aggrieved and his Steward to the Depart ment Head involved in an effort to settle the grievance. The Department Head shall give his answer in writing within three (3) working days,
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STEP 3
If the grievance is not settled in the second step it may be appealed to the Works Man ager. The Works Manager or his repre sentative will meet with the Workmen's Committee within two (2) weeks. The Works Manager shall give his answer in writing within one (1) week.
STEP 4
If the grievance is not settled in the third step it may be appealed to the proper officials of the Company and the District 4 Director, or his designee, of the Oil, Chem ical and Atomic Workers International Union. The Company representatives will , meet with o representative of the Inter national Union within three (3) weeks, sub ject to mutual extension, from date they are requested to meet with the International Union representative.
ARBITRATION
If the grievance is not settled in Step 4 it may be appealed by either party to an Impartial Arbitrator, provided that notice of such appeal is given in writing to the other party within fifteen (15) days follow ing the answer in Step 4. The Impartial Arbitrator shall be selected by mutual agreement of the parties within ten (10) days following receipt of such notice, or, if they are unable to agree within that time, a joint request shall be addressed
22
promptly to the Director of the Federal Mediation and Conciliation Service to pro vide a panel of nine arbitrators, from which the parties shall each alternately strike one name until but one remains, and the re maining one shall be the Impartial Arbitra tor for that case. The decision of the Arbi trator shall be final and binding on both parties; provided however, that the Arbi trator shall have authority only to interpret and apply the provisions of the Agreement and shall have no authority to add to, de tract from or alter its terms. Expenses of arbitration shall be shared equally by Com pany and Union, and shall be paid prompt ly. Questions concerning arbitrability must be decided by the Impartial Arbitrator be fore any decision on the merits of any particular case.
Section 4. The limitations specified in this Article refer to calendar days.
Section 5. If the Workmen's Committee is re quired to meet with the Company during the member's regular working hours, time lost from work by the member will be allowed at his regular rate of pay.
Section 6. A grievance that affects a group of employees may be filed by the Workmen's Committee and will be first considered at Step 2.
Section 7. If a dispute should occur pertaining to pay rates, it will be recognized that the
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date of occurrence shall start on the date employee received his pay check pertaining to such occurrence.
Section 8. Grievances not appealed within ten (10) days from the date of decision rendered in Steps 1, 2 or 3 and thirty (30) days in Step 4, shall be considered settled on the basis of the decision lost made and shall not be eli gible for further discussion or appeal.
Section 9. if a grievance is not settled in Step 1, any individual employee or group of em ployees shall have the right to process their grievance with the Company but the settle ment of such grievances shall not be incon sistent with the terms of this Agreement. A Union representative shall be given the op portunity to be present at such adjustment.
Section TO. It is agreed between the parties that there are no pending grievances and further, that no grievance shall be filed for anything that occurred prior to the date of execution of this Agreement.
ARTICLE IT
TEMPORARY WORK ASSIGNMENTS
Section T. An employee temporarily trans ferred to a higher paid position will receive the higher rate which goes with that posi tion; but an employee temporarily transferred to a lower paid position will continue to re-
24
ceive his regular rate of pay. However,'tf transferred to a lower paid position, to avoid lay-off due to lack of work on his regular job, an employee will receive the regular rate of job to which he is temporarily assigned.
The provisions of this Section do not apply . when by the preceding day employee is proI perly scheduled for a different job irrespec| tive of work availability.
Section 2. Such temporary assignment of an employee to a lower rated hourly job at the rate on the higher rated job, will not con stitute a change in rate of pay for th lov/er hourly rated job.
ARTICLE 12
JURY SERVICE
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Section T. In the event an employee on the active payroll is called for jury service, he shall be excused from work for each such
day on which he serves or reports to serve and shall be paid for the time necessarily lost . from his regular work schedule due to such .1 jury service, provided he notifies the Company j of his intended absence. The pay shall be the 1 difference between each day's jury fee (ex clusive of travel allowance) and the pay for
hours of work necessarily lost computed at his individual rate for the work he would have performed. Such pay shall not be con
sidered in the computation of overtime and other premium time. An employee excused
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from jury service shall report to work at the beginning of his next regularly scheduled shift. The employee will present proof of serv ice of a jury duty notice or summons and the amount of pay received for such jury service.
ARTICLE 13
HOLIDAYS
Section 1. The following eight days shall be observed as holidays under the Agreement:
New Year's Day Memorial Day July Fourth Labor Day
Thanksgiving Day
Friday after Thanksgiving Day Christmas Eve Day Christmas Day
Section 2. Each regular full-time employee shall be paid for New Year's Day, Memorial Day, July Fourth, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christ mas Eve Day and Christmas Day, eight (8) hours pay computed at his regular basic hourly rate, provided such employee works during the pay period in which such holiday occurs and works the scheduled hours on the last scheduled plant work day prior to
26
and the next scheduled plant work day after "'j
the holiday.
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Section 3. If an employee is scheduled or re quested to work on a holiday but fails or refuses to work, he shall not be paid far the holiday.
Section 4. Any employee who works on any
of the eight holidays named above shall re ceive in addition to the eight (8) hours holi day pay provided in Section 2 above, com pensation at his regular basic hourly rate for each hour worked during the first eight hours worked on such holiday, and for hours worked in excess of eight on such holiday, shall be paid at double time. This provision is in lieu of the provisions of Article 16 re specting overtime and there shall be no dup lication or pyramiding of premium pay under
these Articles,
Section 5. If the holiday falls on Sunday, it shall be observed on the following Monday.
Section 6. An unworked holiday shall be con sidered as a day worked in computing weekly
overtime; however, in no case shall holiday or other premium or overtime pay be pyra mided.
Section 7. An employee will be paid for a holiday falling within his scheduled vacation
provided he has worked the scheduled hours on the last scheduled plant work day prior
to and the next scheduled plant work day after his vacation.
27
ARTICLE 14
employee shall be granted time off to attend
CALL-IN PAY
the funeral of the deceased but not to exceed
three (3) scheduled work days. He shall. be.
Section 1. The Company agrees not to call
compensated for such scheduled time lost at
employees to work when no work is avail
his regular hourly straight time rate of pay.
able, and agrees to plan so that employees finishing one day may know whether or not to report the next day.
*
Members of the immediate family shall be: wife (or husband), son, daughter, father, mother, brother, sister, mother-in-law or father-
Section 2. The Company assumes no respon
in-law.
sibility for individuals voluntarily appearing in the hope that work may be available.
No time off or pay shall be granted when the employee does not attend the funeral of
Section 3. The Company will make reasonable
the deceased.
effort to notify employees when not to report for work, but every employee who expects to
ARTICLE 16
be notified must provide reasonable telephone facilities by which he may be reached. If an employee has been regularly scheduled or notified to report for work and is not there after given reasonable notice by the foreman that work is not available, and reports for work, the Company will guarantee four (4) hours of work, or four (4) hours of pay at the employee's base rate for his scheduled work, except in cases where the lack of avail able work is caused by conditions over which
HOURS OF WORK AND OVERTIME
Section 1, A normal work day shall be eight (8) hours of work in a twenty-four (24) hour period, and the normal work-week shall con sist of forty (40) hours made up of five (5) normal work days in seven (7) consecutive days. This Section defines the normal hours of work and is not to be construed as a guarantee of hours of work per week or per day.
management has no control.
Section 2. Overtime at the rate of time and * one-half an employee's regular rate of pay
ARTICLE 15
shall be paid:
FUNERAL LEAVE
Section 1. In case of death of a member of the immediate family of an employee, the
28
a. For hours worked by the employee in ex
cess of eight (8) in a work day.
;
b. For hours worked by the employee in ex cess of forty (40) in a work week.
29
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Section 3. Any hours which are paid for at overtime rates under any Section, Article, or provision of this Agreement shall not be counted as hours worked for the purpose of any other Section, Article, or provisions of this Agreement calling for overtime or prem ium pay.
Section 4. Employees shall work such overtime as may be required by the Company. Further, any employee who continuously finds it in convenient to work overtime may be trans ferred by the Company to another job which is less apt to require overtime.
Section 5. It is understood that when overtime is required, the employee who is regularly assigned to the performance of the particular job or operation on which overtime is required shall be given preference on the overtime work. In the case where more than one quali fied employee is assigned to a particular operation or on identical jobs, the Company will endeavor to assign the overtime work as equally os feasible.
ARTICLE 17
VACATION PLAN
Section 1. Employees who complete one thous and (1,000) hours or more of work by Septem ber 1 and who take vacation time off will qualify for one (T) weeks vacation. Employees with five (5) years or more of continuous service on September 1 of the vacation year
30
and who have completed one thousand (T,000T hours or more of work by September 1 and . who take vacation time off will qualify for two (2) weeks vacation. Effective January 1, 1969, employees with two (2) years or more of continuous service on September 1 of the vacation year and who have completed one thousand (1,000) hours or more of work by September 1 and who take vacation time off will qualify for two (2) weeks vacation. Em ployees with ten (10) years or more of con tinuous service on September 1 of the vaca tion year and who have completed one thous and (1,000) hours or more of work by Sep tember 1 and who take vacation time off will qualify for three (3) weeks vacation.
5ection 2. Employees qualifying for one (1) weeks vacation and who take vacation time off from work will receive vacation pay equal to forty (40) hours at their base pay. Em ployees qualifying for two (2) weeks vacation and who take vacation time off from work will receive vacation pay equal to eighty (0) hours at their base pay. Employees qualify ing for three (3) weeks vacation and who take vacation time off from work will receive vacation pay equal to one hundred twenty (120) hours at their base pay. Vacation pay will not be paid to employees who qualify but who do not take vacation time off.
Section 3. The normal vacation period is May 1 to September IS. Any vacation not com pleted during a calendar year cannot be car ried over to the next year. Vacations will, so
31
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j ' for as possible, be granted at times most * desired by the employees between May 1 j and September 15; however, if an employee j has completed one thousand (1,000) hours
or more, at the Company's discretion, he may t be allowed to take his vacation outside the ; normal vacation period of May 1 to Septem! ber 15; but the final right to allotment of j vacation period is reserved by the Company ! so that orderly operations of the plant may | be insured. The Company may shut down any ! or all of its operations for part or all of the , vacation periods and to have the employees , take their vacations at such times. It is of j course, understood that no employee can I have more than one vacation each calendar
year.
With regard to employees entitled to three (3) weeks vacation, the Company reserves the right to limit such vacation time to two (2) weeks off (without affecting vacation pay) if it so deems necessary.
Section 4. An employee, even though other wise eligible, forfeits the right to receive any vacation benefits under this plan if he is dis charged for cause prior to January 1 of the vacation year.
Section 5. If at the time of lay-off. quit, death, or retirement, an employee has qualified for and not received his vacation for the year, vacation pay will be paid by the Company,
Section 6. It is agreed that if an employee wishes to add an additional day to his vaca-
32
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tion when a holiday falls within his vacation
period he may do so provided he has made
known his request at the time his vacation,
is scheduled. This will not affect his vacation
or holiday pay.
ARTICLE 18
SHIFT DIFFERENTIAL
Section 1. Effective September 23, 1968, workers on the second shift will be paid ten (10c) cents per hour as a premium for such work.
Section 2. Effective September 23, 1968, workers employed on the third shift will be paid twenty (20c) per hour as a premium for such work.
ARTICLE 19
INSURANCE BENEFITS
Section 1. The Company and the Union here- by agree upon the continuation of the exist ing insurance program for the term of this Agreement, plus the following chcnges.-
A. Effective November 1, 1968, the Blue Cross - Blue Shield Insurance will be in creased to the standard $350 level, $15 Room and Board daily allowance. The $25 Medical deduction is continued.
B. Effective October 1, 1968, the Life and Accidental Death and Dismemberment in surance will be increased from $4,000 to $5,000.
33
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C Effective November 1, 1969, the Blue Cross - Blue Shield Insurance will be further increased by increasing the $15 Room and Board allowance to $20 per day.
D. Effective October 1, 1969, the Accident and Sickness Insurance benefits will be increased from $35 to $45 per week.
E. Employee contributions for dependancy coverage under the Blue Cross - Blue Shield Insurance program will be reduced to $10 per month, effective with the November 1, 1968 insurance premium.
F. No other changes will be made in the " existing insurance program.
For a regular employee to be eligible for such insurance plans, he must be employed by the Company for a period of ninety (90) days. Coverage will then be made effective as of the first day of the following month.
Section 2. If after the effective date of this Agreement there should be an increase in the cost of the dependency insurance coverages, the employees shall pay the full cost of such increase. Failure to authorize such payroll deductions shall result in cancellation of the insurance coverages.
Section 3. The costs and benefits under this insurance program shall be credited against the requirement of any law requiring the same in whole or in part during the term of this agreement.
34
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ARTICLE 20
WAGE RATES
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Section 1. Wage rates and job classifications
as-agreed upon are attached as the Wage
Rate Schedule and shall be on File at the
Personnel Office of the Company and shall
remain undisturbed for the life of the Agree
ment, except when substantial changes in,
or introduction of new methods of operation,
or job classifications and evaluation shall
require change.
Section 2, Effective September 3, 1968, there shall be a general hourly increase of fifteen (15c) cents per hour.
-r m
Effective October 1, 1969, there shall be a general hourly increase of thirteen (13c) cents per hour.
Effective October 1, 1970, there shall be a general hourly increase of twelve (12c) cents per hour. An additional increase of four (4c) cents per hour will become effective October 1, 1970.
ARTICLE 21
PENSION PROGRAM
Section 1. The existing pension program shall continue unchanged during the term of this Agreement.
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ARTICLE 22
SUPERVISORY EMPLOYEES
Section 1. Supervisors shall not perform work usually performed by employees covered by this Agreement except as a temporary measure in cases of emergency, instruction or training of employees, experimental and development work, the making of minor adjustments or changes, and when needed to keep the pro duction line moving.
ARTICLE 23
MISCELLANEOUS
Section 1. In the event that any of the terms or provisions of this Agreement shall be or become invalid by reason of any Federal or State Law, such invalidity or unenforceability shall not affect or impair any other terms or provisions of this Agreement.
Section 2, This Agreement is in full settlement of all the issues in dispute between the Com pany and the Union and the parties hereto expressly agree that there are no pending grievances and during the term of this Agree ment there shall be no re-opening for collective bargaining negotiations or demands therefor as to any matter or issue not covered by the provisions of this Agreement, including, any and all other matters pertaining to pension plan, insurance, or any health or welfare plans, or for the re-negotiation of any pro visions of this Agreement.
36
-=T. Section 3. The Company wilt mak every.,,
reasonable effort where possible, to give ne 7
week's notice of change of schedule from five- '
day to a six day operation,
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sertion 4. This Agreement constitutes the sole Agreement between the parties.
ARTICLE 24
-t
TERM OF CONTRACT
Section 1. This Agreement shall become ef fective on the date of its execution unless otherwise specified above, and shall remain in full force and effect until 11:59 P.M. Sep tember 30, 1971 and thereafter shall con tinue in force from year to year, unless either party hereto shall notify the other in writing at least sixty (60) days prior to the end of the current term, or as the case may be, sixty (60J days prior to the end of any additional con tract year, of an intention to make changes in or terminate this agreement. Such written no tice shall specify any changes or amendments desired by the party giving such notice and shall be sent by registered mail.
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WITNESS the execution of this Agreement bv the duly authorized representatives of the Company and of the Union on the date first above written.
PITTSBURGH CORNING CORPORATION Plant No. 7
Owentown, Texas By: (s) BYRL M. STOUT Vice-President Manufacturing By: (s) CARLTON L. KELLEY Assistant to Vice-President Manufacturing By: (a) CHARLES E. van HORNE
Works Manager, Plant 7 By: (s) JAMES McMILLAN
Consulting Engineer By: (s) EDMUND M. SNAVELY
Works Accountant By: () DENMAN A. WARREN
Plant Supervisor By: (a) WILLIAM B. JENKINS Supervisor, Shipping, Receiving and Warehousing
OIL. CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION By: (s) J. B. STOKES
International Representative
OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION
LOCAL NO. 4-202 WORKMEN'S COMMITTEE By: (s) B. J. MILLER
Chairman of Pittsburgh Coming Group By: (s) H. D. SPENCER Committeeman By: (s) H. L. YANDLE Committeeman By: (a) J. C. YANDLE Committeeman
38 i
PITTSBURGH CORNING CORPORATION
ABSENTEE RULE
(Exhibit A)
Effective April 1, 1965
An unauthorized absence is defined as absence from scheduled work which had not been approved in advance by the employee's foreman, excepting only the following:
-- Absences caused by an injury while at work
-- Absences for which benefits are paid un der the Group Accident and Sickness Insurance
-- Absences due to injury or sickness of shorter duration, duly certified by the em ployee's doctor
-- Absences due to illness or injury in the immediate family duly certified by th employee's doctor
-- Absences resulting from a death in the immediate family
-- Absences authorized by, an approved Leave . of Absence
-- Absences for Jury Service as provided in Article 12
-- Absences because of vacation as provided in Article 17
39
4
within a twelve month period will resultfri;
discharge.
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Following each unauthorized absence, the Foreman shall discuss it with the employee
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It is agreed that the Company may check,
to determine the reason for the absence, re
with Undertakers or Physicians in the event
view the past absentee record of the employee
of death or personal illness or illness in the
and to take such disciplinary action as is
family and that in cases of illness the Com
warranted.
pany has the right of visitation. Malingering
on the part of any employee will not be con
The first unauthorized absence will result
doned under any circumstances.
in an oral warning.
a The second unauthorized absence will re
sult in a written warning with a copy sent
a to the Chairman of the Workmen's Committee.
The third unauthorized absence will result in a three working day suspension.
The fourth unauthorized absence will re sult in discharge.
This absentee rule in no way supersedes or affects the requirement that employees must be physically fit to perform their work; nor the requirement that three consecutive days absence without notifying the Company and without o reasonable excuse will result in removal from the rolls.
A period of ninety working days without an unauthorized absence will be sufficient to dear the record to the extent a new se quence is established.
The application of a second suspension
40
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PITTSBURGH CORNING CORPORATION TYLER. TEXAS
TARDINESS RULE
(Exhibit B)
Effective April I, 1965
Tardiness is defined as unexcused failure to report for work on time as reasonable and prudent men would find,
The first offense wilt result in an oral warning.
The second offense will result in a written warning with a copy to the Chairman of the Workmen's Committee.
The third offense will result in a three working day suspension.
The fourth offense wiff result in a ten working day suspension.
The fifth offense will result in discharge.
Ninety working days without an offense will be sufficient to clear the record to the extent a new sequence is established.
The application of a third suspension with in a twelve month period will result in dis charge.
These rules will be applied uniformly and without discrimination.
42
'
PITTSBURGH CORNING CORPORATION Owentown. Texas
WAGE RATE SCHEDULE
Effective: September 3, 1968, including inequity adjustments effective .
September 23, 1968
Production Department
Production Laborer Feeder Builder Trainee Builder Master Builder Relief Builder Oven Man
Finishing Department
Saw Room Laborers Saw Feeder Tying Machine Operator Saw Room Utility Man Scale Man Inspector
$2,055 2.055-2.155 2.155-2.21 2.21 -2.365 2.415 2.415-2.52 2.105
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$2,055 2.105 2.105 2.205 2.21
2.21
Shipping, Receiving and Warehousing Department
Shipper Loading and
Unloading Labor
$2,105-2.315
2.055
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Maintenance Department Maintenance Man General Laborer
43
$2.21 -2.64 2.055
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PITTSBURGH CORNING CORPORATION Owentown, Texas
WAGE RATE SCHEDULE Effective: October 1, 1969
Production Department
Production Labor Feeder Builder Trainee Builder Master Builder Relief Builder Oven Man
$2,185
2.185-2.285 2.285 - 2.34 2.34 -2.495 2.545 2.545 - 2.65 2.235
Finishing Department
Saw Room Laborers Saw Feeder Tying MachineOperator Saw Room Utility Man Scale Man ' Inspector
$2,185 2.235
2.235 2.335 2.34 2.34
Shipping, Receiving and Warehousing Department
Shipper loading and
Unloading Labor
$2,235 - 2.445 2.185
Maintenance Department
Maintenance Man General Laborer
, 44
$2.34 -2.77 2.185
PITTSBURGH CORNING CORPORATION Owentown, Texas
WAGE RATE SCHEDULE Effective: October 1, 1970
Production Department
Production Labor Feeder Builder Trainee Builder Master Builder . Relief Builder Oven Man
$2,345 2.345 - 2.445 2.445 - 2.50
2.50 -2.655 2.705
2.705-2.81 2.395
Finishing Department
Saw Room Laborer Saw Feeder Tying Machine Operator Saw Room Utility Man Scale Man Inspector
$2,345 2.395 2.395 2.495 2.50 2.50
Shipping, Receiving and Warehousing Department
Shipper loading and
Unloading Labor
$2,395 - 2.605 2.345
Maintenance Department Maintenance Man General Laborer
45
$2.50 -2.93 2.345
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The following procedures apply to work performed in occupations with Rate Ranges:
Feeder Starting rate will be paid during the training period. At the end of ten (10) full shifts of training, the top rate will then be paid, provided the employee qualifies.
Builder Trainee Starting rate will be paid during the training period. At the end of ten (10) full shifts of training, the top rate will then be paid, provided the employee qualifies.
Builder Starting rate will be paid during the training period. At the end of twenty (20) full shifts of training, a ten (10c) cent increase will be given provided the em ployee qualifies. At the end of another twenty (20) full shifts of training, the top rate will then be paid, provided the em ployee qualifies.
Master Builder This classification is limited to two men per shift. Positions to be filled from the Builder classification from those Builders who are fully qualified.
46
Relief Builder
This classification is to be filled from tre Master Builder classification. Storting ra'e will be paid during the training period. At the end of twenty (20) full shifts cf training, the top rate will then be paid, provided the employee qualifies.
Maintenance Men Starting rate will be paid during the first three months an employee is regularly assigned to this position. At the end cf the first three month period, an automatic increase of five (5c) cents will be made. At the end of each succeeding six |5) month period, an additional five (5c) cent increase will be granted until the top or the rate range is reached.
Shipper
Starting rate will be paid during the f'rst three months an employee is regulor.y assigned to this position. At the end cf the first three month period, an automate increase of five (5c) cents will be mode, provided the employee qualifies. Ar end of the next six month period an auto matic increase of. five (5c) cents wi!) be made, provided the employee qualif'es. Thereafter, increases in increment cf five (5c) cents will be made not earlier t-sn six. months nor later than twelve mc.--rs from the preceding increase until the rep of the rate is reached.
47