Document RaRwOLDVw2rKzeVdzXJzXy9Jv

PREIOEMT TYRONE PERKINS tot NORTH EDISON TAMPA. FLA. PHONE *32 5729 Executive Sec'Y..Trea*. RICHARD A. NORTHRIP RESIDENCE PHONE I2MI2S District representative V. W. THOMPSON RESIDENCE PHONE mom District Council No. 5 OFFICE 504-6 LYRIC BUILDING BIRMINGHAM. ALA. 3520) PHONE 324.6443 July 31, 196? REGISTERED - RETURN RECEIPT REQUESTED VICE PRESIDENTS CtwrsT Division VERNON M. KIZER p. O. SOX 854 ST. OECSSE, S. C. PHONE 969.9390 Lime Division LEONARD E. CATES SKEPWOOD. TENN. PHONE S9Z*7S?S Gypsum Division JAMES E. MORRIS 411 DELORES DRIVE SAVANNAH. OA. PHONE S99.4SIO Allied Division JESSIE J. ANDERSON 9629 PAULADALC DR. MACON. OA. PHONE 749.SI97 Mr. S. D. Weaver, Vice President and General Manager Cement Asbestos Products Company Post Office Box 119 Ragland, Alabama 35131 Dear Mr. Weaver: In accordance with the terms of the current Labor Agreement between Local Union No. 457, United Cement, Lime and Gypsum Workers International Union, and the Cement Asbestos Products Company, and Section 8 (d) (l) of the Labor-Management Act, 19^7, as amended, the Union hereby gives the Company sixty (60) days written notice that we wish to propose changes in Articles II through XXI including wages and supplemental agreements of the Labor Agreement which are to become effec tive October 1, 196?. In order that we may discuss the changes and amendments de sired, please advise us several days in advance when it will be convenient for you to meet to discuss the proposed changes and amendments. Very truly yours. cc : GVP^Bradf ord TIP '-TV-, nmn cr>n HER 0010039 PWtilDIKT TYRONE PERKINS TAMPA. FLA. PHONE 992-9729 EXECUTIVE SECY..TRCAS. RICHARD A. NORTHRIP RESIDENCE PHONE IU4I2S District Representative V. W. THOMPSON RESIDENCE PHONE HMDS OFFICE 504-6 LYRIC BUILDING BIRMINGHAM. ALA. 95209 PHONE 924.0449 July 31, 1967 REGISTERED - RETURN RECEIPT REQUESTED VICE PRESIDENTS CtucNT Division VERNON M. KI2ER P. O. SOX 994 ST. GECR5E. S. C. PHONE 999.3920 Lime Division LEONARD E. CATES SHtRWOOD. TCNN. PHONE IS2-7I7S Gypsum Division JAMES E. MORRIS 411 DELOREj'DRIVE AVANNAH. CA. PHONE 13J-4JI0 Allied Division JESSIE J. ANDERSON 1111 PAULADALt DR. MACON. OA. PHONE 74J.11,7 Mr. S. D. Weaver, Vice President and General Manager Cement Asbestos Products Company Post Office Box 119 Ragland, Alabama 35131 Dear Mr. Weaver: In accordance with the terms of the current Labor Agreement between Local Union No. 457 United Cement, Lime and Gypsum Workers International Union, and the Cement Asbestos Products Company, and Section 8 (d) (1) of the Labor-Management Act, 1947, as amended, the Union hereby gives the Company sixty (60) days written notice that we wish to propose changes in Articles II through XXI including wages and supplemental agreements of the Labor Agreement which are to become effec tive October 1, 196?. In order that we may discuss the changes and amendments de sired, please advise us several days in advance when it will be convenient for you to meet to discuss the proposed changes and amendments. Very truly yours. cc: GYP"1- Bradford rr.! DR 'Thnrrmsnn ' <*. ^ V A *. V AW A (in/yS) r. \ t,/Wf f LoLca7l 4Il5E7"! WA. r // If' Local 457 L/O HER 0010040 V 1 AGREEMENT PREAMBLE This Agreement is by and between the CEMENT ASBESTOS PRODUCTS COMPANY, Ragland, Alabama, hereinafter known a6 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 conditions, and other conditions of employment to prevent strikes and lockouts and for the application of collective 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 neces sary, 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 protection of the best interests of the Company, its employees, and the Union. ARTICLE I RECOGNITION Section 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, professional 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 0^7J, tfL'l Section I. This Agreement pall bec.oppej^ffective Mairnnh^T 1, 19de^ and shall continue in effect and each year thereafter. -THen>& hi Deturtjeaic 5 j HER 0010041 2- - unless sixty (60) days' written notice is given by either party prior to the expira tion 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. Section 2. This Agreement shall be binding upon the 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 rjd Company is taken over by sale, lessee assignments, receivership or bankruptcy proceedings, such operation shall continue to be subject to the terms and conditions 0 of this Agreement for the life thereof. The Company shall give notice of the exist ence of this Agreement to any purchaser, lessee, assignee, etc. , of thi6 Agreement. Such notice shall be in writing with a copy to the Union not later than the effective date of sale. ARTICLE 111 - HOURS AND OVERTIME 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 s, A. M. on Monday and end at 6:00 A. M. on the following Monday. A preparatory s' crew may be scheduled for work prior to 6:00 A. M. on Monday or the day fol lowing a holiday and will be paid at the rate of 1-1/2 times the regular straighttime hourly rate for all hours worked prior to 6:00 A. M. Section 2, The work week for all employees shall be five (5) consecutive days, and the work day shall be eight (8) consecutive hours. Section 3. Time and one-half the regular straight-time hourly rate shall be paid for all time in excess of eight (8) hours in one day or over eight (8) con secutive hours at any time and forty (40) hours in one week. Overtime paid for on a daily basis shall not be duplicated on a weekly basis. Section 4. Time and one-half the regular straight-time hourly rate shall be paid for the sixth (6th) consecutive day worked during the employee's regularly $(/ scheduled work week. Section 5. In the event an employee works more than twelve {jiT} hours in his 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 L 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) immedi ately 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. ' -- i~ ^ K t HER 0010042 -3- 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, e>;elusive of shift differentials. Section-7^ Employees called to work on their day or days of: shall be e paid time and one-half for-such work, CrApt* O+S 77*O' C>A y1 w -rrttT 0/rt r>fe>*spr && c~0rS&,&4r&*rv> a/>vt--ots7~. Section 8. 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 requested to do so; 0 however, employees will not be penalized for refusing to work overtime if ' a reasonable excuse is given and is acceptable to the Company. - Section 9. No employee shall be laid off during his regular work week C cio equalize overtime. -I ARTICLE IV - BULLETIN BOARDS Section 1. The Company shall make available ample bulletin board space for notices having to do v/ith 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 there with 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, and 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. ARTICLE VI - SENIORITY Section 1. In all cases of promotions within the bargaining unit or increase or decrease of forces, the following factors shall govern: ci V1 y {*.) Seniority (b) Physical fitness (c) Ability to perform work vv HER 0010043 ARTICLE VI - SENIORITY Section I. In all cases of promotions within the bargaining unit or in crease or decrease of forces, the 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; in case of a dispute a doctor shall decide if the employee is qualified to do the job. (c-1) The Company and Union agr,ee that some jobs in this plant require more skill than others^lerks must have had comptometer train ing, one year or equivalent business school and must type 70 words per minute; 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; fourth-class 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) are substan tially equal, seniority, (a), shall govern. V~ V V HER 0010044 Ifazrr. TeW 6^*^ P/W.& a'P TV)p i AjJ LriA___ >_e___"Jl^ ife___Z^A^cs ? rn *>nr ; T>* IS &Ph/) Ph rJ 'Z______vO IUJ-----------p-*X____c> *4-- ..ttm er Si? uuct+J Qdk&O_____ I*______CW && isr hiT: ____ is> . Auo' & ro fl'Vi IyS____ mii3L______ 0/3K?Aaj/AirJA___iKin:V.a ... D^re b no p-V rr> ew*___ft>icL jsjIlojaix^_____*_tj z>J /|J )T A-LJJ-p /? PP<2pUS?-0 i^lTlAu^/ . B9 &hc+* & cfiPi-pi&tir, Ddc& & rtc+a 6.* Cl*')) pOPtlTrtS* TV* It H*>T Wiut^ 0J3" T'Z? *>v4 p^L^/T*PKiS rthljp APP 6e:p l HER 0010045 1 IVhere factors (b) and (c) are substantially equal, seniority, (a), shall govern. Section 2. hew employees shall be regarded as temporary employees for the first thirty (30) working days of their employment. There shall be no responsibility on the part of the Company for the re-employment of temporary v employees if they are 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 date of hiring. Seniority shall not be affected by layoffs or by illness of less than twenty-four (24) months' duration. . Section 3. Im'case any job is abolished, the employee on such job will be placed in accordance with Section 1 of this Article. Section 4. When a decrease in working force is necessity, employees with the 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 giver, three (3) days to exercise their rights under this Section. Section 5. At the request of the Union Committee, the Company will present a list of all employees, showing the date of beginning of employment of ' each for the purpose of establishing seniority rights. Upon the signing of this Agreement, the Company will post a seniority list on the Bulletin Boards for the purpose of establishing correct seniority dates. An employee will have thirty (30) days from date posted to check and verify his seniority; after this thirty-day period the seniority list will be final. 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 the 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 times 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 has 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 (15) fuil shifts on consecutive work days. HER 0010046 -5- 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 the 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 mail sent to his last address which he has maintained on file with the Company will be considered to have volun tarily quit and to have forfeited all seniority rights. Such time may be extended by 0 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 shall retain his seniority for a period not exceeding twenty-four (24) months from the date of his last employment, and at the expiration of such twenty-four (24) months shall be deemed to have lofct all seniority and right of recall. ARTICLE VII - HOLIDAYS All work performed on New Year's Day, Memorial Day, Independence Day, Labor "l Day, Thanksgiving Day, Christmas Eve Day, and Christmas Day shall be paid at <5 two (2) times the regular straight-time rate in addition to regular holiday fc pay. CSF 0076457 oecuon c. n no work is required of an employee on the above holidays. \D 1 receive eight (8) hours' pay at his regular straight-time rate, provided he ets 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 therefrom by 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. HER 0010047 -6- *{ Section 4. If a holiday occurs during an employee's vacation, he shall v 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. ^j . Section 6. Shift differentials shall not be considered as part of an employee's It? regular straight-time rate for the purpose of unworked holiday pay. ^ Section 7I . T, hlibe VCVomIliypnainlJy Bsh.IUaIl,l post Ua .nIWo.t.iWceV WoAf t,h.IVos0eb 1employees 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 be counted as a day worked for the purpose of computing overtime. Section 9. Employees called out for work on holidays shall receive eight (8) hours' pay at their regular straight-time hourly rate in addition to two (2) times their regular straight-time hourly rate for all time worked, with a minimum of four (4) hours at double time. */ / ARTICLE VIII VACATIONS Section i.tu Each employee who has been in mntimmnc * mplny.-it Company for one year but less than three (3) years shall receive on^week's vaca tion annually with pay. / Section Each employee who has been in the seryide of the Company for three (3) years but less than ten (10) years shall receive^dwo (2) weeks' vacation annually with pay. Section Each employe who has been ip^the service of the Company for TEH 0) years but less than twek$y (20) year*'shall receive three (3) weeks' 3tip vacation annually with pay. Section Q Each employee who has^be^n^in the service of the Company for twenty f20) years or more shall receiveyfour (4) weeks' vacation annually with pay. -Sectioir-S-r--Aft-e-r-an-employee/has qualified for his first vacation, his"anni versary date shall, revert to June first, and~vaca~tions may thereaTfe"r"he"taketT"during the~year~ending_May"'thlrty'^Tfrsf'"of the following year. S' Section 6. Employees entitled to two (2) or more weel be permitted to~tak-e--aunh vacations in two_f-2I separate'periods of not less than one (1) week each.___SeniTyfity preference, however-y-can-be-exerci-eed-in only one (1) of such vacation periods. i* V V _ ? ^ HER 0010048 (Article VIII continued!"' , Charge to Bead! Section 1. Vacation year shall begin June 1 of one year and end Nay 31 of the following year. Section 2. As of June 1 each year, ah employee who has worked thirteen (13) weeks during the vacation year immediately preceding June 1 shell1 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 than 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. D. Each employee who has been in the service of the Company for ten (10) years but less than twenty (20) years shall receive three (3) weeks' vacation 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 4. 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 year. In the event the employment of any such employee is terminated for any reason, the Company shall pay to pie emnlovce. or HER 0010049 (Article VIII continued) Pane 4 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. Change Section 7 to read as follows: "The Company will schedule all vacations, and shall have the right to schedule vacations during periods of plant shutdowns. Where vacations are scheduled during times when the plant is operation, recognition will be given in scheduling vacations to preferences in the order of seniority to the extent the Company determines to be practicable." Section 8. Change Section 8 to read: "Applications for vacation periods scheduled by the Company at times other than during plant shutdown shall be made on forms supplied by the Company and must be filed at the plant office on or be fore Kay 1st. The Company may disregard seniority preferences in scheduling individual vacation dates for employees whose applications are filed after May 1st." ; HER 0010050 i -7- Section 7. Applications for vacation periods be madeon forms supplied by the Company,-showing the date vacatioiyfs desired, and must be filed at the plant office on or before May first; otherwise, the Company will disregard'seniority preferences in scheduling individual vacation dates. . n f'HV- v,;V *' ^ V^f.v4J PPJ jvay for each egfolovee shall be forty (40) times his regular occupationkKrate without shift deferential, provided he has worked thirteen (13) weeks during the vacatiop'year. Ar /' Section 9. Employees v&o have one (1) or more years of service and who are separated from service for" any^reason will receive vacation pay due them on ;4he following basis: One-twelfth (1/l^syacation credit for each one hundred thirty /three and one-third (133^173) hours workfe^in the current i. tili^whir year. In the event the employment of any such'bmployce is terminated for any reason, the Company shall pay to the employee, orH^ his beneficiary in the event of his death, all/vacation pay due. Sect?on 10. On five (5) days' notice, vacation pay shalPbe^available to employees'before or during their last work shift prior to beginning their vacations Section 11. An employee will not be called to work while on vacation against his will. ARTICLE IX - WAGES i It1 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 other party. It is understood that the foregoing is subject to the provisions of Article Grievances. -pTV-J* Section 1. ARTICLE X - SHIFT DIFFERENTIALS Pp(L 7f f*r Working shifts^normally shall be considered to be: /*v'* Day Shift: 6:00 A. M. to 2:00 P. M. 6C Afternoon Shift: 2;00 P. M. to 10:00 P. M. Night Shift: 10:00 P. M. to 6:00 A. M. HER 0010051 -8- f)i CV tCt'-''114 *Section 2. A psasi*-of six (6) cents an hour shall be paid for all work performed bv mployces scheduled (including relief) and working on the afternoon shift, and a fi-wtho?"twelvc (12) cents an hour shall be paid for all work per- >rmed by employees scheduled (including relief) and working on the night shift, hi ft ? `sh afl be included in the calculation of overtime coommppeeni sation. Section 3. Regular day workers, as distinguished from shiftworkers, temporarily assigned to shift jobs as r^i^gr_tophift Bet UP on a temporary basis shall receive the applicable shift Vomrr Tor allnhours worked on such shift work. p) J? V* B V-4 Section 4. Shift boiwtf? shall not apply to regular day workers except as set forth in Section 3 above. ARTICLE XI - DEDUCTIONS Section 1. The Company will withhold fees and dues upon presentation of the following authorization, printed on a form furnished by the Union and signed by the employee: "I, , authorize and direct the Cement Asbestos Products Company, Ragland, Alabama, to deduct from any earnings accumu lated to my credit, membership dues and initiation fees charged against me by the United Cement, Lime and Gypsum Workers International Union, Local 457, upon presentation and formal demand by the proper authorities of that organization, agreeing that the Cement Asbestos Products Company, Ragland, Alabama, shall be saved harmless for deductions made under this circumstance. "Such voluntary authorization is irrevocable for a period of one (1) year or until termination date of the present Agreement, whichever occurs sooner, and shall be automatically renewed as an irrevocable authorization from year to year unless revoked by written notice to the Company aad the Union within a period of fifteen (15) days immediately preceding termination date of any applicable Agreement or yearly period. " (L ARTICLE XII - UNION ACTIVITIES Section 1. Union activities are not to be conducted on Company time except upon mutual agreement between the Company and the Union Committee. * i- HER 0010052 V -9- Section 2. Any employee selected and acting as a representative of the International Union, District Council, 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. Section 3. A leave of absence will be granted to employees to attend Union conventions or other like Union activities without impairment of seniority and other employment rights and benefits. It is agreed that the Union will co operate in selecting such employees so as not to interfere with plant operations. This leave will not exceed one (1) week. ! / ARTICLE XIII - 1--8-- TERMINATIONS Section 1. The Company reserves the right to discharge or lay off any employee for just cause. The Company shall notify the Union in writing within three (3) days of the date of such discharge or disciplinary layoff of any employee and state the reason or reasons for such discharge or disciplinary layoff, and the Union must file an appeal within ten (10) days from date of discharge or disci plinary 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 loss of wage rate or seniority and shall receive full-time pay at his regular straight-time hourly rate, provided, however, that the Company may credit against such pay any earn ings or remuneration he has received from any source during such period. ARTICLE XIV - MANAGEMENT FUNCTIONS Nothing in this Agreement shall limit the Company in the exercise of its functions of management, under which it shall have, among other things, the ; right to select and hire new employees; to plan, direct, and control the working ! forces; to discipline, suspend, or discharge employees for just cause; to trans fer or lay off employees because of lack of work; to require employees to obc serve Company rules and regulations not inconsistent with the provisions of this Agre ement; to decide the number and location of its plants, the products to be manufactured, the methods and processes of manufacture,-, and the schedules of production; the schedule of hours of work; to determine the number of employees that it will employ at any time; to 6ell, close, liquidate, or consolidate the opera tions performed in the plant in whole or in part; and to separate and transfer em ployees in connection therewith, provided that the Company will not use these reserved functions of management for the purpose of discriminating against an employee. It is agreed that the enumeration of these functions of management 6hall not be deemed to exclude other functions not enumerated. The rights re served under this paragraph, except those inconsistent with the terms of this Agreement, 6hall not be subject to the procedure set out in Article XV. i tr*- I ,,) V- 1 HER 0010053 -10- It is further agreed that 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. ARTICLE XV - GRIEVANCES Section 1. Any grievance arising in any department sh^li be first taken up by the individual concerned and/or his job steward with the Eoreman directly in charge within ten (10) days of the date of occurrence; otherwise, the grievance shall be without effect and void. If the grievance involve^^s^hot satisfactorily settled, the grievance sHalfc^hen be referred to the Gri^vancje Committee who shall make ah investigation Ol&ra^grie vance; and,in'the event the grievance in their opinion is justified; it shallJr^s^be subnrtiited/in writing to the Plant Manager or acting Plant Manager and an effort rtrj^jLe to adjust same. Should the Grievance Committee fail to reach a satisfactory'sett3^rc5te^-4he matter may then be referred to the Regional Labor Relations. Manager-.of the/Cwr^p^^ and a representative of the United Cement, Lime and Gypsum Y/orke/s Internatr^Jial Union. The Regional Labor Relations Manager of the Company mr his representative will meet with a representative of the( International Union j/ithin'sthirty (30) days from the date he is requested to meetly a representative of the International Union. Section 2. In thfe even^that j/o satisfactory adjustment of the grievance can be made by the representativea of the Company and the Union, then the matter shall be referred to a Bopr&^qf Arbitration within thirty (30) days of the date the parties are ur.able\o a/ree. The^.CJpmpany shall choose one arbitrator, and the Union shall choose oiWarbitrator.'"-'These two men shall give thorough consideration to the case anffeadeavor to comd to^an agreement. If they cannot do so within ten (10) days, *nen/the Director of the^ederal Mediation and Con ciliation Service shall be "jointly requested to submit a-list of seven (7) names to the parties, from which / third arbitrator shall be selected by the process of striking names. Grievances iry^olving they and occurring so_a-s^"be''proc< siofvs of tfj^^ollective bargaining agreement rbxtafStion \t. the same time will be at the requestof^eitlTer pWrty arbitrated bef me-arbitrator. However, it is agreetTthat no more than four (4).c/as will d at one series of hearings, Each discharge case shall be heard as a separapd^iearing. Section-ft.--Each party not othir party within five (5) days' after arbitration is resortea to, of.t-he-name Lddress of the arbitrator chosen. Section 4, The expense iri^4^pnT~Yi>ii1^ sejrvices of the third arbitrator shall be paid for jointly by the Co/mpauy^ndJtli^>Union.............. ------- Section 5.- .-The-Union and-fcjte Comp/pcJ^agree to faithfully follow the above procedure in all matters olfafie^d-Slolatmns. There sall be no sus pension of work through strike or^l-o^k'6ut"iTf~the./above procedure has been HER 0010054 ARTICLE XV - GRIEVANCES Section 1. Step 1. Any dispute concerning the interpretation or appli cation of any of the provisions of this agreement shall 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 act or oc currence 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 immedi ate 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 grievance is presented to supervisor. Step 3. If the dispute is not settled in Step 2, it may, within ten (10) calendar days from the date of written decision of Step 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 in this step by mutual request of both parties. Step 4. In the event no settlement is reached 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 seven (7) calendar days of such written notice, request in writing, with copy of request to other party, the Director of the Federal Mediation and Conciliation Service to submit a list of seven (7) names to the parties from which an arbitrator shall be selected by her 0010055 I alternately striking names within ten (10) calendar days after receipt of the list. The Federal Mediation and Conciliation Service shall be notified prompt ly in writing, with a copy to the other party, of the arbitrator so selected by the party requesting arbitration. Grievances which are not appealed within the time limits provided above for any step shall be without effect and void and another grievance shall not be filed covering the incident of the grievance dropped- Section After hearing the evidence and receiving briefs, if filed, the Arbitrator shall, within thirty (30) calendar days, render his decision, which shall be final and binding on the parties. The Arbitrator in his deci sion 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 limita tions or insofar as it attempts to pass upon a request for a change in the wage schedules set out in this Agreement, except as set forth in Article IX, Section E, of this Agreement. Section 4* No more than four grievances will be submitted at one time to a single arbitrator. Each grievance involving a discharge shall be sub mitted a separate hearing^ie*^ tSAC/J A/P V 7Z* ^r-rnnP 7~v Af The ^cpeniees incident to the services of the arbitrator shall be paid for jointly by the parties. Svrcstt *4 OdiPr* Trte h Tt> 1*4 Pfl trrl An- TrhtT /V0 0 v/lT D\i&4T ro fkt-T\J I 0 U-/J-T? C r/C.. V i. HER 0010056 - i4 - t INSURANCE Ai*D' VDfc-r^RE- 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. $3,500.00 life insurance, with waiver of premium provision in event of total disability for employees under 60 years of age. 2. $3,500.00 accidental death or dismemberment, as per Standard Schedule. 3. $35.00 per week for twenty-^six (26) weeks if disabled due to accident off the job or sickness. Accident bene fits to begin first day of disability. Sick benefits to begin with eighth (8th) day of disability. 4. $18.00 per day for a maximum of forty-five (45) days for any one confinement for room and board while in hospital. Up to $250,00 maximum for hospital extras, such as fees for operating room, X rays, drugs, etc. 5. $300. 00 for surgery, as per Standard Schedule. (A) Enrollment dates for new employees shall be on the first of the month following thirty (30) working days continuous service with the Company. (B) Any employee who is laid off shall have his premium paid by the Company for thirty-one (31) days, after which he shall then have thirty-one (31) days during which he can convert his life insurance, if he so desires. (C) Any employee laid off and recalled to work within twentyfour (24) months retains seniority and shall be enrolled in insurance programs upon his return to work, provided he was employed for a period of six ($) months prior to being laid off. (D) The Company agrees to pay for dependents hospital insurance coverage, as per paragraphs 4 and 5 above, including maternity benefits up to $200.00. Enroll ment date for dependents shall be 6ame as for employee. IbcsrpCdC |, ) T(?ro 4 PI&P4& : HER 0010057 -11- carried out. Sectior. (6. After hearing the evidence, the ArbitxAVcrf'Thall render his decision, which shall be final and binding on thg^paYtles if the Arbitrator in his riBrisifwTW^nnt add to, subtract from, mtfcfify, or nullify any of the terms of this Agreement or impair the rights i^ierved to..manageilienV-unjler Article XIV, either directly or indirectly, by wary of interpretation. The decision"of-tiie Arbitrator shall be void insofajr^as it fails to comply with the foregoing lirm^^ tations or insofar as it atteifJpts to pass upon a request for a change in the wage schedules set out in thi^Agreement, except as set forth in Article IX, Section 2, of this Agreement./^ ARTICLE XVI - SAFETY AND WELFARE Section 1. The Company shall install such safety devices for the pro tection of the lives and health of its employees as may be reasonably necessary. Necessary protective clothing, gloves, boots, etc., will also be furnished by the Company. Section 2. It is mutually agreed that the efforts of both the Company and 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 workmen as they affect this industry shall be strictly observed by both parties. Section 3. The Company will continue to maintain a washhouse with 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 4. The Company shall equip and maintain a first aid supply kit with all necessary first aid supplies to perform any emergency treatment which may arise from an employee's work for the Company. The Company agrees to have a man from the plant trained to perform first aid work. Section 5. The Company will make every effort toward the elimination of dust in the plant and will supply salt tablets and respirators to all employees needing them. ^ Section ,6. IV-is^agreed that the Group Insurance Plan as negotiated shall be continued in effect for the per*r A g'*'*'nrnOT,f r (Or4 ARTICLE XVn - WORKING CONDITIONS Section 1. In the event of lack of work, any employee who is required to report for work or is not notified not to report for work, shall receive at least iHER 0010058 -12- four (4) hours' pay for each day he so reports at straight-time hourly rates, pro vided, however, that the provision shall not apply where work is unavailable, ov/ing to unforeseen emergencies that are beyond the control of the Company. Section 2. In case of4an emergency, when an employee is called for work during any hours after leaving plant, in addition to his regular shift or working week, he shall receive one and one-half (1-1/2) times his regular rate with a mini mum of, four (4) hours' pay. Section 3. 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 4. 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(5 ^ 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 for4hree-quarters (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 5. If an employee is temporarily transferred to another job for ^ i the convenience of the Company, he shall be paid his own rate or the rate of the job to which he is transferred, whichever is higher. If an employee is tempo rarily 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 6. Employees shall obtain and put away tools and other equipment, and clean up premises on Company.time. Section 7. The Company shall furnish all tools and equipment for its employees, except to repairmen and other skilled trades, in which case these employees shall 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 8. 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 have an effect on the job status of one or more employees, the Company 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. - _________ ;es of the Company wh&,ar-exCluded from the "bargaining Unit Shall nOt perform f . ' J'l ir' -.r ty-.p life or property or for purpose of instruction. L r Y HER 0010059 /o ARTICLE XVII Section 9 Change Section 9 to read as follows: 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 /iflf *r profettry such work (1) in emergencies^BwhaBsaaggatur w \ (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. J-r* HER 0010060 f S' il" New ARTICLE XIX Changed from ARTICLE XX then paragraph changed to read: W b'S-oTf (O'l <H C The parties will continue to-nogotiate a pension ^>tk rrsjTo plan mk >rt.i ve January 1, -191 0 penoion plan, ,c^q___ -Tfc^i-r rr^ut>fn?o?_ P /*> Tf- mutuallCyy angrrrerreidm'-urpironhil-frjxinS rr tn that tiirr will De made Pn o=r- fF- P-ff grt.i vo . Vx' t | T cT r* tfY r* ># t- t HER 0010061 New ARTICLE XXI No'lStriked,or Lockouts There shall be no interruption to or suspension of work through strike or lockout during the term of this agree ment. Any employee who violates this agreement by interfering with or stopping work, or by advocating, encouraging, promoting or instigating such violation may 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 joinfed in such interruption or work stoppage or other prohibited conduct in violation of this agreement. (This is in lieu of Section 5 of old ARTICLE XV) HER 0010062 I -15- PROGREOShON SYSTEM TOR ).I,MKTSW/.i4E^3faG-B5& figT ) ^ ^ 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 classification of the respective job a6 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 <v/ The work of each such employee on a progression rate during the preceding period 6hall be reviewed by the Plant Superintendent, or his desig nated agent, with respect to qualifications and performance standards, and the employee will be furnished a copy of his merit rating. 6 rJ ^ 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 rating is open and available to him, in accordance with other provisions of this contract.i- l i- T HER 0010063 * -13- Scction 10. Recognizing that jury service is a civic duty of every qualified citizen, it is agreed that the Company 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 re- mainder of the day to. regular duties with the Company. ARTICLE "Saif- - CONTRACTORS Section 1. All production and maintenance work other than new construction customarily performed by the Company in its own plant and with its own employees j. . shall continue to be performed by the Company with its own employees as long as ' equipment and personnel are available and the work can be done without requiring unreasonable overtime hours. ARTICLE XK - PENSIONS b & tS" -> v-U y*/ fp.p'i 6s A pension plan will h rt til ir'"1'*" i i ni-a<-t ppfnirc e? . .jff-rJ W7(W' StHT H 9 ARTICLE XX# - PROGRESSION PLAN The progres-sifinTygt^^p^'-af'r.Apntiaf Art by the pa rts<>g nn'f c Machinists, Miliw-ri^IItsV and Electricians, shall remain in effect during the period of thtTAgreement. fJ IN "WITNESS WHEREOF, this Agreement between t e parties has been executed by their duly authorized representatives this day of KBBHBK,, 196^. FOR: UNITED CEMENT, LIME AND PYPSUM WORKERS INTERNATIONAL UNION, LOCAL 457 FOR: CEMENT ASBESTOS PRODUCTS COMPANY 6 'JL rf f> r'X^2 ----------- 11__ -/__ ;___ c_____ International Representative VV V HER 0010064 -16- BASIC HOURLY "WAGE RATES Labor and Janitor >cm>&rxS- l i *7 .......... 1, #196 $ ZriO 2.2-4 Csrt&>*& 1/ [ )I uu+mv ?; 196 + .'ll - j, l. LT& Load Unitizing, Tray Loader, Coupling Cutting Machine and Lathe Operator, Coupling Tester, Calender Operator, Stripper Operator, Pipe Lathe Operator, Flex-test Inspector and production Report, Hydro- Test Inspector, Short Pipe Lathe ___ P \ P & Operator(Ji^ork Truck Operator, Laboratory Technician, Shipping Clerk , f~af/r/A fTifirJ) t/T~ $ 6AW O Plf&hTPfZ. > Pipe Machine Tender, Pipe~\ Machine Operator, Batch \ Operator, Relief Operator, Autoclave Charger $ (V 2-AO px? 1-4-L firlO ^ sitA- A + -r-13~ $-- fi.58- 2-7/ ftT) +*i 17 Millv/rights, Electricians, and Machinists - 4th Class - 3rd Class - 2nd Class - 1st Class 2^15 2*-35 2rr60 3.oi KTTI> * . 1C.. L. DU _ -!-/ L. J $./l* + .45-*----- "3700 i V *1 HER 0010065