Document LKMN2JYeBmowVmrZmYk8gmoww

AMENDED AGREEMENT PREAMBLE This Agreement is by and between the CEMENT ASBESTOS PRODUCTS COMPANY, Ragland, Alabama, hereinafter known as the Company, and the UNITED CEMENT, LIME AND GYPSUM WORKERS INTERNATIONAL UNION, LOCAL 457, affiliated with the American Federation of Labor and Congress of Industrial Organizations, hereinafter known as the Union. The intention of this Agreement is to set .forth certain desirable standards governing wages, hours, working condition, and other conditions of employment to prevent strikes and lockouts and for the application of collec tive bargaining by the Union for all employees who are represented by the Union, and for the further application of the principles of negotiations, conciliation and arbitration, if necessary, during the life of the Agreement. Both parties agree to abide by this Agreement during its term, it being the purpose to settle all differences without disturbance to industrial peace. It is further understood by both parties that their object is the protec tion of the best interest of the Company, its employees, and the Union. ARTICLE I - nr.Cfr.NITION Suction 1. The Company recognizes the Union as the- sole collective bargaining agency for all production and maintenance employees of the employer at its Ragland, Alabama plant, including the janitor, laboratory technician', and plant clerical employees, but excluding office clerical employees, profes sional employees, guards, and supervisors as defined in the Act. Section 2. The parties hereto agree to continue to apply the provisions of this Agreement to all employees without regard to race, color, sex, religious creed or national origin. ARTICLE II - TERM OF AGREEMENT Section 1. This Agreement shall become effective May 1, 1970, and shall continue in effect through December 31, 1972, and each year thereafter, unless sixty (60) days' written notice is given by either party prior to the expiration date. Such written notice shall contain any changes or amendments desired, and only such changes and amendments as are contained in such notices shall be discussed by the conferees. I CAPCO ALV 0032632 Section 2. This Agreement shall be binding upon Che parties hereto,their successors, administrators, executors, and assigns. In the event of the sale or lease by the Company of its plant covered by this Agreement or in the event the Company is taken over by sale, lessee assignments, receiver ship or bankruptcy proceedings, such operation shall continue to be subject to the terms and conditions of this Agreement for the life thereof. The Company shall give notice of the existence of this Agreement to any purchaser, lessee, assignee, etc., of this Agreement. Such notice shall be in writing with a copy to the Union not later than the effective date of sale. . ARTICLE III - HOURS. OVERTIME AKD PREMIUM FAY Section 1. For the purpose of establishing and determining the work day and the work week, it is agreed that the work day shall start at 6:00 A.M. and end at 6:00 A.M. of the following day and that the work week shall start at 6:00 A.M. on Monday and end at 6:00 A.M. on the following Monday. A preparatory crew may be scheduled for work prior to 6:00 A.M. on Monday or the day following a holiday and will be paid at the rate of l*f times the regular straight-time hourly rate for all hours worked prior to 6:00 A.M. Section 2. The workweek for all employees shall be five (5) consecutive days, and the work day shall be eight (8) consecutive hours. Section 3. Time andone-half the regular straight-time hourly rate shall be paid for all time in excess of eight (6) hours in one day or over eight (8) consecutive hours at any tine and forty (40) hours in one week. Overtime paid for on a daily basis shall not be duplicated on a weekly basis. Section 4. Tine and one-half the regular straight-time hourly rate shall be paid for the sixth (6ch) consecutive day worked during the employee's regularly scheduled work week. Section 5. In the event an employee works more than twelve (12) hours in lus work day, he shall be paid for all hours worked in excess of such twelve (12) hours at double the straight-time hourly rate. After an employee has been engaged in work for twelve (12) consecutive hours, he shall be paid for all consecutive hours worked immediately succeeding and in excess of such twelve (12) hours at double the straight-time rate. In no event shall the two (2) immediately preceding provisions of this Section be applied to the same hours of work; however, the provision which creates the highest earnings shall be applied. This provision does not apply to the first such occurrence during the individual's work week. \ Two (2) times the regular straight-.time hourly rate shall be paid for. the seventh (7th) consecutive day worked during the employee's regularly scheduled work week. / * Section 6. All hours worked by an employee on Sunday shall be paid at the rate of two (2) times the employee's regular straight-time hourly rate, exclusive of shift differentials. i- * CAPCO ALV 0032633 -3 Section 7. Employees called to work on their day or days of shall be paid time and one-half for such work. A call on the day worked will be considered a call-out, a notice prior to the day worked will not be considered a call-out. Section 8. In case oi an emergency, when an employee is called for work during any hours after leaving plant, n addition to his regular shift or working week, he shall receive one and one-half (1-1/2) times his regular rate with a minimum of four (4) hours''pay. Section 9, Employees called to work within eight (8) hours prior to and continuous with his shift will be allowed to work his normal eight-hour shift. Section 10. An employee working any part of one-quarter (1/4) hour shall be paid for one-quarter (1/4) hour; over one-quarter (1/4) hour and less than one-half (1/2) hour shall be paid for one-half (1/2) hour; over one-half (1/2) hour and less than three-quarters (3/4) of an hour shall be paid for threequarters (3/4) of an hour; over three-quarters (3/4) of an hour and less than one (1) hour shall be paid for one (1) hour. Section 11. Overtime occurring in the various classifications shall be divided as equally among the employees of the respective classifications as is practical. Employees shall work overtime when scheduled or reo.uested to do so; however , employees, will not be penalized for refusing to work overtime if a. reasonable excuse is given end is acceptable to the Company. Overtime refused shall count as overtime worked for the purpose of equalization. Ar. employee assigned on a temporary basis to a regularly scheduled job shall work any over time on the job to which he is assigned. Section 12. No employee shall be laid off during his regular work week to equalize overtime. ARTICLE TV - BULLETIN BOARDS Section 1. The Company shall make available ample bulletin board space for notice having to do with the official business of the Union; however, notices will be cleared with the Company before posting. ARTICLE V - MILITARY LEAVE Section 1. In the event an employee is drafted or enlists pursuant to . the Selective Service Act of 1948 to serve in the military or naval forces of the United States of America and if, within ninety (90) days after his honorable discharge from such service, he shall make application for re-employment and shall furnish therewith formal proof of his honorable discharge, he shall be entitled to re-employment in accordance with the provisions of the Selective Service Act of 1948, or as amended, as applied to his re-employment, his seniority standing in the job in which he was employed up'To the time of his draft shall be considered as having remained continuously in effect and as having accumulated to the date of his re-employment. i/i'ti) ARTICLE VI - SENIORITY Section 1, In all cases of promotions within the bargaining unit or in- i ? : CAPCO ALV 0032634 4- crease or decrease of forces, Che following factors shall govern: (a) Seniority (b) Physical fitness. (c)\Ability to perform work \ The Company and Union agree to apply (a), (b) and (c) of this section as follows: \ -------- " \ (a) Seniority shall mean an employee oldest in point of service. For those employees hired on the same date, seniority shall be deter mined by the established Seniority List. (b) Shall mean an employee must be physically qualified to do the job bid on or rolled to. (c-1) The Company and Union agree that some jobs in this plant require more skill chan others; shipping chrks must have had business r.&ckine training, one year or equivalent business school and must pass typing test; first-class Millwrights, Electricians, and Machinists must have three and one-half years' training; second-class must have two years' training; third-class must have one year's training; fourtr.-cl5.ss need not have any training, only aptitude, education and physical fitness to learn the job. The Company reserves the right to fill the above jobs. (c-2) In all other classifications, where factors (b) and (c) arc substan tially equal, seniority, (a), shall govern. Section 2. New employees shall be regarded as temporary employees tor the first thirty (30) working days of their employment. There shall be no responsi bility on the part of the Company for the re-employment of temporary employees if they arc laid off or discharged during this period. After thirty (30) working days' continuous employment, the names of such employees shall be placed on the seniority list in order of dace of hiring. Seniority shall not be affected by layoffs or by illness of less than twenty-four (24) months' duration. Section 3. .In case-any job is abolished, the employee on auch job will be placed in accordance with Section 1 of this Article. Section 4. When a decrease in working force is necessary, employees with Che least amount of seniority will be the first to be laid off, provided the senior employee has necessary qualifications to fill the job. In restoring the working force after a decrease, recall shall be in the inverse order of layoff. Employees affected by a decrease in forces or a job abolishment shall be given three (3) days to exercise their rights under this Section. Section 5. Within thirty (30) dnys of the signing of this Agreement, the Company will post on the bulletin hoard a current list of all employees in the bargaining Unit showing date of employment and seniority position as initialed and approved initially by each employee. Once each (6) months this list will t- I t CAPCO ALV 0032635 5 be revised to show deletions end additions. Section 6. All permanent vacancies or new Jobs created other than at the labor grade shall be posted for bid by the Company. Such job shall be posted for three (3) days to enable employees to make written application for such job by making a notation on the posting. At the conclusion of the three-day period of posting, the job will be awarded within three (3) days to the senior bidder who has the necessary qualifications to fill Che job. In the event there is a dispute as to whether or not an employee who bids for the job and who has greater seniority than the one awarded the job has the necessary qualifications, such dispute shall be handled through the Grievance Procedure, it being agreed that where the Union questions the Company's determination of qualifications, the burden at all tines shall be on the Union to establish that the Company's determination was discrimi natory or inherently wrong. During the period of posting and the period within which the Company is allowed to fill the job, "the vacant job shall be filled on a temporary basis by the Company in its discretion. Any employee who hai "Been assigned the job as a result of bidding shall be considered 'on a trial basis in the new classification for a period of fifteen (IS) full shifts on consecutive work days. In the event of unsatisfactory performance in the new job or classification, he may be returned to his former classification and rate of pay at any time during such period or immediately at the end of such trial period. The employee likewise shall have the option to return to his old job during such trial period. During Che trial period the employee's old job shall be filled by the Company on a temporary basis. Section 7, An employee on layoff who fails to return' to work within fifteen (15) days following written notification by certified nail sent to his last address which he has maintained on file with the Company will be considered to have volun tarily cuit and to have forfeited all seniority rights. Such time may be extended by the Company upon a showing during the fifteen-day period that the employee is ill and unable to return to work. Any employee on layoff status shell retain his seniority for a period not exceeding twenty-four (24) months from the date of his last cr.ployr.cnt, and at the expiration of such twenty-four (24) months shall be deemed to have lost all seniority and right of recall. ARTICLE VII - HOLIDAYS Section 1. All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day following Thanksgiving Day, and Christmas Day shall be paid at two (2) times the regular straight-time rate in addition to regular holiday pay. Starting in 1971 Christmas Eve will be included as a holiday. Section 2. If no work is required of an employee on the above holidays, he will receive eight (8) hours' pay at his regular straight-time rate, provided he meets the following qualifications: (a) The employee shall have been employed by the Company for at least thirty (30) calendar days prior to the holiday. (b) The employee shall have worked his last scheduled working day prior to and his first scheduled working day after such holiday unless excused thercfr.om by CAPCO ALV 0032636 6 management on account of sickness, accident, layoff, death, or otherwise excused absence. In no event shall a holiday be paid for unless an employee has worked during the thirty-day period immediately preceding or immediately following the holiday. Section 3. If any of the foregoing holidays fall on Sunday, the following Monday shall be observed as the holiday. Section 4. If a holiday occurs during an employee's vacation, he shall receive holiday pay in addition to vacation pay. Section 5. Employees who are ordered to report on any holidays that are their regularly scheduled work days, and who fail to do so,, shall not receive holi day pay unless excused therefrom by management on account of sickness, accident, or death. Section 6. Shift differencials shall not be considered as part of an employee's regular straight-time race for the purpose of unworked holiday pay. Section 7. The Company shall post a notice of those employees who are to work on a holiday as far in advance of the holiday as feasible. Section 8. When a holiday falls on an employee's regularly scheduled work day, it shall bo counted as a day worked for the purposc^tof^omputing overtime. Section 9. Employees called out for work on holidays shall receive eight (6) hours' pay at their regular straight-time hourly rate in addition to two (2) times their regular straight-time hourly race for all time worked, with a minimum of/our (4.) hours at double time. ARTICLE VIII - VACATION'S Section 1. Vacation yiar shall begin June 1 of one year and end May 31 of the following year. Section 2. As of June 1 each year, an employee who has worked thirteen (13) weeks during the vacation year immediately preceding June 1 shall be paid vacation as follows: (a) Each employee who has been in the service of the Company for three (3) months but less than one (1) year shall receive one-twelfth (1/12) of one week's vacation pay credit for each full month worked from the date of his employment. (b) Each employee who has been in the service of the Company for one year but less then three (3) years shall receive one week's vacation annually with pay. (c) Each employee who has been in the service of the Company for three (3) years but less than ten (10) years shall receive two (2) weeks' vacation annually with pay. .-------- --- .* I I CAPCO ALV 0032637 7- (d)'Each employee who ha* been in the service of the Company for ter. (1C) years but less than twenty (20) shall receive three (3) weeks' vaca:ion annually with pay.__^ (e) Each employee who has been in the service of the Company for twenty (20) years or more shall receive.four (4) weeks' vacation annually with pay. Section 3. One week's vacation pay shall be forty (40) times his regular occupational rate without shift differential, provided he has worked thirteen (13) weeks during the vacation year. Section 4j Employees who have one (1) or more years of service and who are separated from service for any reason will receive vacation pay due them on the following basis: one-twelfth (1/12) vacation credit for each full calendar month worked in the current vacation )ear. In the event the employment of any such employee is terminated for any reason, the Company shall pay to the employee, or to his beneficiary in the event of his death, all vacation pay due. Section 5. On five (5) days' notice, vacation pay shall be available to employees before or during their last work shift prior to beginning their vacations. Section 6. An employee will not be called to work while on vacation( against his will. Section 7. The Company will schedule all vacations, and shall nave' the right to schedule vacations during periods of scheduled plant vacation shutdowns. Where vacations are scheduled during tines when the plant is in operation, recognition will be given in scheduling vacations to preferences in the order of seniority to the extent the Company determines to be practicable. ARTICLE TX - WAGES Section 1. The schedule of Basic Wage rates agreed upon and attached hereto shall become effective as of signing of this Agreement and shall remain in effect during the period of this Agreement. Section 2. Any job not mentioned in the Agreement or any job with sub stantial changes in duties, equipment, or requirements, or any new jobs created in the Company's plant shall be open for negotiations by the Company and the Union as to wages upon proper written notice from either party to the ocher party. It is understood tht the foregoing is subject to the provisions of Article XVGrievances. ARTICLE X - SHIFT DIFFERENTIALS Section 1. Working shifts, for the purpose of shift differentials, normally shall be considered to be: , Day Shift: 6:00 A.M. to 2:00 P.M. Afternoon Shift: 2:00 ?.M. to 10:00 P.M. Night Shift: 10:00 P.M. to 6:00 A.M. If CAPCO ALV 0032638 \ \ \ Section 2. A difiercnti.il of six (f) ccr.ts an hour shall be paid for all vork performed by employe: scheduled (including relief) and working or. the afternoon shift, and a differential of twelve (12) cents an hour shall be paid for all work performed by employees scheduled (including relief) and working on the night shift. Shift differentials shall be included in the calculation of overtime compensation. Section 3. Regular day workers, as distinguished from shift workers, temporarily aligned to shift Jobs as relief or to shifts set up on a temporary basis shall receive the applicable shift differential for all hours worked on such shift vork. Section 4. Shift differentials shall not apply to regular day workers except as sat forth in Section 5 above. ARTICLE XT - DEDUCT!OKS *' Sec;ion 1 The Company will withhold fees and dues upon presentation of the following authorisation, printed on a form furnished by the Union and signed by the employee: "I, . auv.herize and direct the Cement Asbestos Products Company, Ragland, Alabama to deduct from any earning: accumulated to my credit, membership dues and initiation fees charged against me by the United Crm^t, Lime and.Gypsum Workers International Union, Local 457, upon presentation and formal demand by the proper authorities of that organization, agreeing rhar the Cement Asbestos Products Company, Raglanc, Alabama, shall he saved harmless for deductions made under this circums tar.ee. "Such voluntary author:ration is irrevocable for a period of cno (1) year or until termination date of the present Agreement, whichever occurs sooner, and s>hall be automatically renow-.-c as an irrevocable authorization from year to year unless, revoked by written notice to the Company and the Union within a period of fifteen (15) days immediately preceding termination date of any applicable Agreement or yearly period." ARTICLE XII - USION ACTIVITIES Section 1. Union activities are not to be conducted on Company time except upon mutual agreement between-the Company and the Unipn Committee. Section 2. Any employee selected and acting as a representative of the International Union, District Colmcil, or Local Union, shall be granted a leave of absence for such appointment with continuity of seniority rights. This leave will be limited to one (1) year, subject to renewal. i.- t CAPCO ALV 0032639 Section ?. A leave cf ut*;-**ce will b- granted to employees to attend Union convert tons or other like Vr.ioe. activities without impairment of seniority and other employment right* and Pcrefits. It is agreed chat the Union will coop^rstc m ?nleering *-.;ch er.iplcycc* so as r.oc to interfere with plant operations. This leave will not exccc-d cr.c (1> week. AKT7CLE VTTT - TERMT>:ATttPCS Section 1. Tb* Company recurves thn right to discharge or lay off any employee for Just cause. Ihc Company shall notify the Union in writing within three (3) dey* nC th*. date of such discharge or disciplinary layoff of any employee and state the reason cr reasons for such discharge or disciplinary layoff, and the Union must file an appeal within ten (10) days from date of discharge or disciplinary layoff, or the right of appeal is lost. Should it be determined through the grievance procedure that an employee has been unjustly discharged or laid off, such employee shall be reinstated to his former position without lo*s of wage rare cr seniority and shall rece.ive full-time pay at his regular straight-time hourly r*te, provided, however, that the Company may creeit against such p*y any earnings or remuneration he has received from any source during such period. Ain TCI E XT" ttWACKKENT r-SCTIOXS Nothing in this Agreeir.jr.t shell limit?'the .-Company in the exercise of its functions r.f management., under which it shall have, among other thing?T' the right ro r-elect and hire r.ew employees; tc plan, direct, and control the worhi5 forces, tc discipline, -u-r-pend, or oiicharge employees for just cause; to tr.ir.rier or liy off employees e*?cii:;-A c lack of work; to recuirc- employees to nhcrve Company rule? ar.d regulations not incor.^i* rent with the provisions ot tins Ac'n.-cment; to cccide tn- r.umrcT am; location, of its plants, the products to be manui -etured, the methods a\i procerus of manufacture, and the schedules of product >o:.. the schedule of hour*- cf work*.; rc det ermine the number of em ploye.-.. chat it will employ at- ur.y link-, TT^oH, close, liquidate, or consolidate rii'.- cper-vi ions performed in the plant in whole or ir. parr; und to separate and trar-u'nr employees in come crier, chctcvith, provided that the Company will not us'i those reserved functions of ni-trugcmcnr for the purpose of discriminatinr. against an employee. It i*` a;.,retd rhut Lite enumeration of these functions of management shall not be deemed to exclude ether functions not enumerated. The rights reserved under this paragrapn,except those inconsistent with the terms of this Agreement, shall not be subject to the procedure set out in Article XV. * It is further agreed chat any rights granted to or acquired by the employees or the Union under this Agreement or during its life shall have no application to or in any plant in which the Company may be Interested in any location other than the location of the plant here involved. a- * t I CAPCO ALV 0032640 10 AKTTC!.r. X<> nSTEVAVCKS Section 1. Sr.cn 1. Any difputc concerning the interpretation or Application oi any o: the provisions of this agreement snail be presented by the employee or employees involved or on their behalf by the job steward to the immediate supervisor involved within five (5) calendar days of the set or occurence complained of. Step 2. If the dispute Is not settled between the employee involved and the immediate supervisor, the grievance may be reduced to writing and signed by the employee or employees involved and presented to the immediate supervisor involved within five (5) calendar days after the meeting in Step One (1). The plant manager shall meet with the committee and both parties will render their decisions on the grievance form in writing within five.(5) calendar days after the written grievance is presented to supervisor. Srrr> 3. If the dispute is not settled in Step 2, it may, within ten (10) calendar day? from the date of written decision of Seep 2, be referred, in writing, to the Vice President and General Manager of the Company or his representative and an International or District Representative of the Union, A Federal mediator may be used ir. this seep by mutual request of both parties. Sren 6. In the event no settlement is readied within thirty (30) calendar days from the date of the referral in writing under Step 3, either party may elect to submit the dispute to arbitration by written notice to the other party. The party requesting arbitration shall, within sever. (7) calendar days of such written notice, request in writing, with copy of request to ether parry, the Director of the Federal Mediation and Conciliation Service to rubmit a list of sever. (7) names to the parties, from which an arbitrator shall be selected by alternately striking names within ten (10) calendar day*, after receipt of the list. The Federal Mediation and Conciliation Service shall be notified promptly in writing, with a copy to the other party, of the arbitrator so selected by the party requesting arbitration. Section ?. Grievances whicli arc not appealed within the time limits provided above for any seep shall be without effect and void, and another grievance shall not be filed covering the incident of the grievance dropped. Seer ion 3. After hearing the evidence and receiving briefs, if filed, die Arbitrator shall, within thirty (30) calendar days, render his decision, which shall be final and binding on she parties. The Arbitrator in hia-decision shall not add to, subtract from, modify, or nullify any of the terms of ' this Agreement or impair the rights reserved to management under Article XIV, either directly or indirectly, by way of interpretation. The decision of the Arbitrator shall be void insofar as it fails to- comply with the foregoing `limitations or insofar as it attempts to pass upon a request for a change in the wage schedules sec out in this Agreement, except as sec forth in Article IX, , Section 2, of this Agreement. Section 4. Ko more than four grievances will be submitted at one time to a single arbitrator. Each grievance involving a discharge shall be submitted II' l* I I CAPCO ALV 0032641 11 as a separate hearing for each individual vith no sore than four cases to be presented to a single arbitrator. Section 5. The expenses incident to the services of the arbitrator shall be paid for jointly by the parties. Section 6. The Union and the Company agree to faithfully follow the above procedure in all matters of alleged violations. ARTICLE XVI - SAFETY AND WELFARE Section 1. The Company shall Install such safety devices for the protection of the lives and health of its employees as may be reasonably necessary. Necessary protective clothing, gloves, boots, etc., vill also be furnished by the Company. Section 2. It is mutually agreed that the efforts of both the Company cno the Union shall be directed to continue to maintain all equipment and tools in a safe and efficient working order, and that the regulations and safety codes adopted by the Department of Labor and Industries in the interest of protecting safety and health of industrial vorluv.cn as they affect this industry shall be strictly observed by both parties. Section 3. The Company vill continue to maintain a washhouse vith heat, light, and plenty of hot and cold running water and keep it in a sanitary condition and supply good drinking water in a sanitary manner wherever necessary about the plant. Section > The Company shall ec.uip and maintain a first aid supply kit vith all necessary first aid supplies to perform any emergency treatment which may arise from an employee's vork for the Company. The Company agrees to have a man from the plant trained to perform first aid vork. Section S. The Company will make every effort toward the elimination of dust in the plant and vill supply salt cablets and respirators to all employees needing them. Section 6. The Company agrees to pay the cost of an insurance plan for each of their employees covered by this agreement, such insurance plan to provide for the following benefits: 1. $6,000.00 life insurance, with waiver of premium provision in event of total disability for employees under 60 years of age. 2. $6,000.00 accidental death or dismemberment, as per Standard Schedule. ill t CAPCO ALV 0032642 12- 3. $45.00 per week for twenty-six (26) weeks if disabled due to accident off the job or sickness. Accident benefits to begin first day of disability. Sick benefits to begin with eighth (8th) day of disability. 4. Semi-private room up to a maximum cost of $36.00 per day for a maximum of forty-five (45) days for any one confinement for room and board while in hospital. Up to $400.00 maximum for hospital extras,.such as fees for operating room. X-rays, drugs, ete. 5. $400.00 for surgery, as per Standard Schedule. # (A) Enrollment dates for new employees shall be on the first* of the month following thirty (30) working days continuous service with the Company. (B) Any employee who is laid off shall have his premium paid by the Company for thirty-one (31) days, after which he shall then have thirty-one (31) days during which he can convert his life insurance, if he so desires. (-C) Any employes laid off and recalled to work within twentyfour (24) months retains seniority and shall be enrolled in insurance programs upon his return to work, provided he was employed for a period of six (6) months prior to being laid off. (C) The Company agrees to pay for dependents hospital insuras'.ce coverage, as per paragraphs 4 and 5 above, including maternity benefits up to $300.00. Enrollment date for dependents shall be seme as for employee. (E) Effective May 3, 1971, Major Medical insurance with a $100.00 deductible and 80/20 co-insurance clause, and providing a maximum lifetime coverage of $10,000. \ V\ \ \ \ I I CAPCO ALV 0032643 13 article xvii - vprocure ccroiTio::s Section 1. In the event of leek of work, any employee who is required to report for work or is not notified not to report for work, shall receive at least four (4) hours' pay for each day he so reports at straight-tine hourly rates, provided, however, that the provision shall not apply where work is unavailable, owing to unforseen emergencies that are beyond the control of the Company.\ Section 2. If an employee is temporarily transferred to another Job for the convenience of the Company, he shall be paid his own race ortnc rate of the job to which he is transferred, whichever is higher. If an employee is temporarily transferred to another job to avoid a layoff or for his personal reasons, he shall receive the rate of the job to which he is transferred or his own rate, whichever is lower. Section 3. employees shall obtain and put away cools and other equip ment, and clean up premises on Company time. Section 4. The Company shall furnish all tools and equipment for its employees, except to repairmen and other skilled trades, in which case these employees shsll furnish their own hand tools. In case of breakage, the Company will replace or repair such tools; such breakage shall be reported immediately to the Company. - Section 5. Whenever the installation of mechanical equipment, change in production methods, the installation of new or larger equipment, the combining of jobs or the elimination of jobs, will hove an effect on the job status of one or more employees, the Compony will give the Union reasonable advance notice of same and, upon request by the Union, will promptly meet with the Union to review and explore the effects of such installation or installations or change or changes upon the working force. Section 6. Supervisory employees shall not perform work on any hourly rated job classification if the result would be to displace an employee in the bargaining unit, but this will not prevent such work (1) in emergencies en dangering life or property; (2) in the instruction or training of employees; (3) in testing materials and production; and (4) in the performance of necessary work when production difficulties are encountered without displacing or replacing regular employees. Section 7. Recognizing that jury service is a civic duty of every qualified citizen, it is agreed that the Compony shall share in any wage loss incurred by a regular employee (as distinguished from a probationary employee) because of such jury service by payment of the difference between the amount received for such jury service on the date such employee would have been regularly scheduled to work at his regular rate of pay; except that, if the time required for jury service on any day is a half day or less, the employee will be required to devote the remainder of the day to regular duties with the Company. I* CAPCO ALV 0032644 14- article xviii - contractors Section 1. All production and maintenance vork other than new construction customarily performed by the Company in its ovr. plant and with its own employees shall continue to be performed by the Com pany with its own employees as Ions a* equipment and personnel are available and the work can be dond without requiring unreasonable overtime hours. ARTICLE XIX - PROGRESSION PLAN \ Section 1. All unskilled employees in the Mechanical Department classifications of Millwright, Electrician, and Machinist shall advance as follows and under the following conditions to the standard classifi cation of the respective~3ob as such jobs become available. Beginner - 4th Class After one year - 3rd Class After two years - 2nd Class After three years and six months - 1st Class Section 2. The work of each such employee or. a progression rate during the preceding period shall be reviewed by the 1'lant Super intendent, or his designated agent, with respect to qualifications and performance standards, and the employee will be furnished a copy of his merit rating. Section 3. If the merit rating indicates the employee to be eligible, he will be advanced in accordance with the above schedule until he reaches the 2nd Class classification, or to 1st Class in the event such racing is open and available to him, in accordance with other provisions of this contract. ARTICLE XX - NO STRIKES OR LOCKOUTS There shall be no interruption to or suspension of vork through strike or lockout during the term of this agreement. Any employee who violates this agreement by interfering with or stopping work, or hy ad vocating, encouraging, promoting dr instigating such violation cay be discharged and the only issue which may be the subject of a grievance or arbitration in such a case will be whether the discharged employee in fact engaged or joined in such interruption or work stoppage or other prohibited conduct in violation of this Agreement. tt t CAPCO ALV 0032645 15- 71;is anonemer.t co the agrecr-cr.: oi November 15, 196?, shall be effective upon the signature* ox the parties below anc rasificaticr. ox the local union. IK WITNESS WHEREOF, This Agreement between the parties has been executed by their duly authorized representatives this .V ' day ox . 1970. V FOR: UNITED CEMENT, LIME AND GYPSUM WORKERS INTERNATIONAL UNION, LOCAL 457 FOR: CEMENT ASBESTOS PRODUCTS COMPANY // y M- - nl. // ./ International Representative I CAPCO ALV 0032646 BASIC HOURLY VACS RATES May 1. 1970 Labor and Janitor $ 2.65 Load Unitizing, Tray Loader, Coupling Cutting Machine and Lathe Operator, Coupling Tester, Calendar Operator, Stripper Operator, Tine Lathe Operator, Flex-test Inspector and Production Report, HydroTest Inspector, Short Pipe Lathe Operator, Fork Truck Operator, Laboratory Technician, Shipping Clerk, Fittings Man, Cut-off Saw Operator, Scrap Crincer Operator 2.82 Pipe Machine Tender, Pipe Machine Operator, Latch Operator, Relief Operator, Autoclave Charger 3.03 Millwrights, electricians, and Machinists - 4 th Class - 3rd Class - 2nd class - 1st class 2.74 2.94 3.19 3.44 May 3. 1971 $ 2.83 3.00 3.21 2.92 3.12 3.37 3.62 May 1. 1Q72 $ 2.98 3.15 3.36 3.C7 3.27 3.52 3.77 i I CAPCO ALV 0032647