AGREEMENT BETWEEN
BARR LABORATORIES
and
LOCAL 8-149
OIL, CHEMICAL, and ATOMIC WORKERS
INTERNATIONAL UNION
EFFECTIVE - APRIL 1, 1996
EXPIRES - MARCH 31, 2001
BARR LABORATORIES, INC.
and
OIL, CHEMICAL AND ATOMIC WORKERS
INTERNATIONAL UNION, LOCAL 8-149
AFL-CIO
COLLECTIVE BARGAINING AGREEMENT
TABLE OF CONTENTS
ARTICLE I. UNION RECOGNITION 1
ARTICLE II. MANAGEMENT RIGHTS 2
ARTICLE III. UNION ACTIVITIES 4
ARTICLE IV. HOURS 5
ARTICLE V. PROBATIONARY PERIOD 12
ARTICLE VI. SENIORITY 13
ARTICLE VII. DISCHARGE AND DISCIPLINE 18
ARTICLE VIII. UNION BULLETIN BOARDS 19
ARTICLE IX. LEAVES OF ABSENCE 20
ARTICLE X. BEREAVEMENT 23
ARTICLE XI. JURY DUTY 23
ARTICLE XII. GENERAL 24
ARTICLE XIII. GRIEVANCES 31
ARTICLE XIV. VACATIONS 37
ARTICLE XV. HOLIDAYS AND HOLIDAY PAY 40
ARTICLE XVI. WAGE INCREASES 42
ARTICLE XVII. HEALTH AND WELFARE 51
ARTICLE XVIII. CHECKOFF 52
ARTICLE XIX. RELOCATION 53
ARTICLE XX. UNION SECURITY 53
ARTICLE XXI. UNION REPRESENTATION AND STEWARDS 53
ARTICLE XXII. SICK LEAVE, PERSONAL DAYS, LONGEVITY DAY 56
ARTICLE XXIII. SHIFT DIFFERENTIAL 58
ARTICLE XXIV. REPORTING AND CALL-IN PAY 58
ARTICLE XXV. SAFETY AND HEALTH 59
ARTICLE XXVI. WASH UP TIME AND REST PERIODS 63
ARTICLE XXVII. TUITION REFUND PLAN 63
ARTICLE XXVIII. LOCKOUTS AND STRIKES 64
ARTICLE XXIX. BIDDING AND POSTING 65
ARTICLE XXX. CREDIT UNION CHECK-OFF 69
ARTICLE XXXI. 401(k) PLAN (EMPLOYEE SAVINGS AND RETIREMENT
PLAN) 69
ARTICLE XXXII. SUCCESSORS AND ASSIGNS 71
ARTICLE XXXIII. SEVERANCE PAY 71
ARTICLE XXXIV. DURATION AND TERMINATION 72
AGREEMENT
AGREEMENT made this ____ day of April, 1996, effective as of
April 1, 1996, by and between BARR LABORATORIES, INC., for its
facilities at 265 Livingston Street, Northvale, New Jersey, 2
Quaker Road, Pomona, New York and 246 Pegasus Avenue, Northvale,
New Jersey; 232 Pegasus Avenue, Northvale, New Jersey and 267
Livingston Street, Northvale, New Jersey (hereinafter
collectively referred to as the "Employer") and OIL, CHEMICAL AND
ATOMIC WORKERS INTERNATIONAL UNION, LOCAL 8-149, AFL-CIO
(hereinafter referred to as the "Union").
WHEREAS, both parties having accepted the principle of
collective bargaining as a means of establishing wages, hours and
working conditions of the covered employees and being desirous of
continuing to do so for the purpose of fostering relations of
mutual interest, and
WHEREAS, it is the purpose and intent of the parties to
promote sound and peaceful labor relations,
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter set forth, the parties do hereby agree as
follows:
I. UNION RECOGNITION
1. The Company recognizes the Union as the sole
collective bargaining agent for purposes of collective bargaining
with respect to rates of pay, wages, hours and other terms and
conditions of employment for all its full-time and regular part-
time employees employed by the Company at its facilities
presently located at 265 Livingston Street, Northvale, New
Jersey, 2 Quaker
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Road, Pomona, New York, 246 Pegasus Avenue,
Northvale, New Jersey, 232 Pegasus Avenue, Northvale, New Jersey
and 267 Livingston Street, Northvale, New Jersey; excluding
office clerical employees, professional employees, maintenance
trade and engineering employees, laboratory employees, Food
Service employees, Groundskeeping employees, and guards and
supervisors as defined in the National Labor Relations Act.
However, it is agreed that all new hires for helper and any
additional craftsman beyond the current three (3) slots in plant
maintenance will be represented by the Union.
II. MANAGEMENT RIGHTS
1. The Company has, retains and shall possess and
exercise all rights and functions, powers, privileges and
authority not specifically and expressly contracted away or
limited by the terms of this Agreement.
2. As illustrative of the rights the Company possesses
and retains, but in no way to be construed as a limitation, the
Company shall have the exclusive right to: manage all of the
Company's operations and its business affairs; direct the work
force; determine production methods and procedures; assign work,
evaluate jobs and the performance of jobs for pay purposes and to
reevaluate them; decide the methods, means and processes of
manufacture, type of machinery and equipment to be used, the
number and classifications of employees to be used in the various
aspects of the Company's operations or for particular
assignments, types and quantity of business to be scheduled for
production, quality of material, and the standards of efficiency
and quality of workmanship required; decide selling prices and
products, methods of selling and distributing products; determine
the location of the business and to relocate any part or all of
the Company's operations; discontinue operations in whole or in
part; allocate and transfer production; introduce new
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or improved methods or facilities, or to change existing manufacturing
practices, decide methods and facilities, maintain order and
efficiency; the right to hire, promote, demote, transfer,
suspend, discharge, or otherwise discipline employees; determine
the size and composition of the work force and relieve employees
from duty because of lack of work or other reasons; determine the
hours of work and schedule hours and determine overtime;
establish, adjust and revise job classifications, hourly rates,
establish rules pertaining to the operation of the plant and
discipline employees for violation of such rules; determine an
employee's qualifications to perform work in any particular
position and to reassess and upgrade qualification standards for
employees, including incumbents, in particular positions whenever
and to whatever extent deemed by the Company to best serve the
Company's overall interests in ensuring regulatory compliance and
product quality and integrity and maximizing productivity,
efficiency and safety; perform scientific and engineering
studies; to contract out or subcontract work; establish or
discontinue extra shifts, except as expressly amended or changed
as hereinafter set out; to enforce procedures designed to ensure
that employees do not report for work or perform work under the
influence of drugs, alcohol or other substances that may or do
impair or reduce mental acuity, motor coordination, and/or other
performance capabilities that could affect regulatory compliance,
product quality and integrity, or safety; to make and implement
unilaterally any decisions that in the opinion of management are
required to ensure regulatory compliance, product quality and
integrity, and the safe operation of Company facilities; and to
implement measures deemed necessary by Company management to
maximize productivity and efficiency. The enumeration of
specific rights in this Section shall not be construed as
supporting a negative implication that other rights of the
Company have been waived or compromised in any way. Nor shall
the enumeration of such rights be construed as expanding or
contracting in any way the Union's right, to the extent otherwise
secured by applicable precedents under the National Labor
Relations Act as amended, to demand that the Company engage in
collective bargaining over the effects of the
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exercise of such rights on the wages, terms and conditions of employment and
employment security of employees covered by this Agreement.
3. Furthermore, the Company retains the right to take
whatever steps it deems necessary to meet and comply with all
Federal, state or local regulations including but not limited to
those promulgated by DEA, FDA and any regulatory agency.
4. Within the limits prescribed in Article XII,
Section 4 of this Agreement, Management has the right to use
supervisors and other non-bargaining unit personnel to perform
unit work.
5. With respect to any rights heretofore exercised by or
inherent in the Company and not expressly limited by the terms of
this Agreement, and with respect to any rights retained by or
conferred upon the Company in the terms of this Agreement, any
failure by the Company to exercise such rights, or the exercise
of such rights by the Company in a particular manner, shall not
be construed to be a waiver of or limitation on any such right, a
waiver of or limitation on the right to exercise any such right,
or a waiver of or limitation on the right to exercise any such
right, or a waiver of or limitation on the right to exercise any
such right in a different manner. Nor shall enumeration of
rights reserved to the Company in this Agreement be construed as,
or considered as evidence of, an implied limitation on or
preclusion of any Company rights not so enumerated.
III. UNION ACTIVITIES
1. There shall be no grievance investigated, presented,
discussed, processed or handled during working hours without the
Vice President Human Resources or the Manager Human Resources
first being notified and her permission to do so obtained, nor
shall the investigation, presentation, discussion, processing or
handling of grievances interfere in any way with the normal
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and efficient conduct of the Company's operations. In the case of
Departmental Stewards, however, this Section shall be deemed to
have been complied with in cases where such Stewards find it
necessary to be excused from their regular work responsibilities
for brief periods of time for such purposes if notice is provided
and permission obtained in advance from the Steward's Plant
Manager.
2. An authorized agent of the Union shall be permitted
to visit the plant during working hours, after first notifying
the Vice President Human Resources or her designee, for the
purpose of investigating and settling grievances and insuring the
proper administration of the contract; provided, however, that
said representative shall conduct his business in such manner so
as not to interfere with the normal and efficient conduct of the
Company's operations. The Union shall keep the Company currently
advised, in writing, of the officer or representative of the
Union who is authorized to deal with the Company, and no one
shall be deemed such a representative unless he is so designated
by the Union to the Company.
IV. HOURS
1. The standard work week shall be five (5) consecutive
days, forty (40) hours per week; eight (8) hours per day, from
12:01 a.m. Monday to 12:00 p.m. the following Sunday, exclusive
of lunch. The standard work day shall consist of eight and one-
half (8-1/2) consecutive hours with a one-half (1/2) hour unpaid
lunch break between the hours of 7:00 a.m. and 5:00 p.m.
However, the Company retains sole and unrestricted discretion to
change work schedules for employees in any part or all of its
operations to best serve the Company's overall interests in
ensuring regulatory compliance and product quality and integrity,
and maximizing productivity, efficiency and safety. The Union
and employees affected by such a change will be provided notice
at least two (2) weeks in advance of implementation of the
change. Shifts may be established or discontinued in the
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sole and unrestricted discretion of the Employer on notice to the
Union and the affected employees of thirty (30) calendar days
whenever reasonably practicable, but in any event not less than
fourteen (14) calendar days. Whenever a shift change is
implemented for less than all of the employees in a department,
the Company shall first seek to obtain enough employees to staff
the new shift by asking for volunteers from among the employees
in the department. In the event there are more volunteers than
openings, employees shall be selected on the basis of their
seniority. In the event an insufficient number of volunteers
come forth, the Company may have the work done by nonbargaining
unit employees for up to two (2) months, hire for such positions
from outside the bargaining unit, and/or require additional
employees, in reverse order of seniority, to either work the new
shift or go onto layoff status.
The Employer may implement a Tuesday through Saturday
workweek or Wednesday through Sunday workweek provided the
following criteria are met:
(a) Employees assigned to work Tuesday through Saturday or
Wednesday through Sunday workweeks must work a five (5)
consecutive day week.
(b) The Company shall first seek to obtain employees for
such workweeks by asking for volunteers. If more volunteers come
forward than there are openings, employees shall be selected on
the basis of their seniority. If an insufficient number of
volunteers come forth, the Company may have the work done by
nonbargaining unit employees for up to two (2) months, hire for
such positions from outside the bargaining unit, and/or require
additional employees, in reverse order of seniority, to either
work the new workweek or go onto layoff status.
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(c) Those employees hired for the Tuesday through Saturday
or Wednesday through Sunday workweek shall have a right to bid
into openings occurring less than one hundred and eighty (180)
days after their initial hire date the Monday through Friday
workweek, except as otherwise provided in Article V, Section 7.
(d) The Employer agrees to preserve a three day weekend
during holiday weeks.
Employees assigned to work Tuesday through Saturday or Wednesday
through Sunday workweeks pursuant to the terms of this Section
and who by virtue of such assignment work on Saturday or Sunday,
shall receive premium pay in the amount of eighty-five cents
($0.85) per hour for each hour worked on such days. Except as
provided in Article XXIV, nothing in this Agreement shall be
construed as obligating the Company to provide any minimum hours
of work per day, per week, per month or per year.
2. The Employer has sole and unrestricted discretion to
establish a ten (10) hours per day shift, exclusive of the thirty
(30) minute unpaid lunch period, at the straight-time wage rate.
For employees assigned to work such a shift, except as otherwise
provided below, forty (40) hours per week shall constitute a
week's work. If a ten hour work day as hereinbefore described is
implemented, the Employer shall schedule employees assigned to
work such shifts in such a manner as to make all straight-time
work days after the first one in each work week follow each other
consecutively. The Employer shall have the right to schedule
such four day work weeks to begin on Monday, Tuesday or Wednesday
in the same manner and subject to the same conditions (except for
the five (5) consecutive day week requirement) as would apply
under Section 1 of this Article to the
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assignment of employees to work five (5) day work weeks beginning
on those days. The Employer shall also have the option to schedule
two crews to work a ten (10) hour work days in such a manner as to
provide employee coverage in the department on each of the seven (7)
days of the workweek, provided however that in such event employees in
each crew shall be scheduled to work eight (8) consecutive days, with
the first and last of the eight (8) days being on Thursday and
with both crews overlapping for the full ten (10) hour shift on
Thursday. The Employer will provide notice to the Union and
affected employees at least two (2) weeks before commencement of
any of the special shifts provided for in this Section.
Employees working ten-hour days shall be entitled to an
additional rest period of fifteen (15) minutes after working
eight (8) hours. Employees who are assigned to work special
shifts pursuant to this Section shall be entitled to take the
Holidays specified in Article XV, Section 2 of this Agreement off
without loss of pay or, if required to work on a Holiday, shall
be compensated at a rate equal to two and one-half times the rate
they would have been paid had the work been performed on a normal
workday. Employees assigned to work special shifts under this
Section whose workweek does not encompass a Holiday shall receive
an additional eight (8) hours straight-time pay for that
workweek. Employees scheduled to work hours on Saturday or
Sunday pursuant to this Section shall be paid a premium of eighty-
five cents ($0.85) per hour for all such weekend hours worked.
3. OVERTIME: Employees shall be paid overtime premium
pay for all hours worked over eight (8) hours in any one day
(except as otherwise provided above in Section 2 of this
Article), or forty (40) paid hours in any one work week and for
any time worked on scheduled holidays enumerated in Article XV.
Employees who fail to work any portion of the straight time work
for which they are scheduled in a given work week will not be
entitled to premium pay for overtime in that week, except to the
extent that their total hours worked in that week exceed forty
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(40) hours, unless the employee's failure to work such straight
time is due to serious illness or serious injury, or the
employee's being on jury duty, vacation, paid sick leave, or
bereavement leave; and Saturday and Sunday overtime shall be paid
on the same basis. Except as otherwise provided in this Article,
overtime hours worked on Sundays shall be compensated at a rate
equal to twice the employee's base wage rate. Only time actually
paid shall be included in computing overtime. Any time worked
when once included in computing overtime under any applicable
provision of this Agreement shall not thereafter be included in
computing overtime under any other applicable provisions hereof.
In no event, shall there be any duplication or pyramiding of any
overtime or premium pay, whether for Sundays, holidays or
overtime purposes or otherwise.
The Company shall have discretion to determine which job
classification(s) will be needed to perform available overtime
work. Overtime shall first be offered to qualified employees
within the job classification within the department in which the
overtime is available. Such opportunities shall be equally
divided among the employees in the department in the same job
classification and assigned to work in the same building. For
purposes of equalization, an opportunity offered and refused
shall be counted as overtime worked. If an insufficient number
of employees within the department and currently assigned to the
classification that the Company has designated to work overtime
are available for such work, the Company may fill the overtime
with qualified volunteers from outside the department on the
basis of seniority (in which case the Company shall offer the
overtime to employees then assigned to work in the classification
that the Company has designated to work the overtime and working
in the location (Northvale or Pomona) where the overtime is to be
worked, then to employees assigned to work in such classification
at any other Company facilities covered by this Agreement, and
then to any other qualified employees assigned to work at any
such facilities), and/or by drafting employees from within the
building and department in reverse order of seniority.
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In any situations in which overtime work is of such a nature as to
require the employee performing it to have any special skills or
experience, the Company has sole and unrestricted discretion to
assign overtime work to the employee or employees who, in the
Company's judgment, is or are best suited to carry out the
assignment competently, efficiently and safely. To the extent
overtime assignments do not, in the judgement of the Company,
require employees of special skill and/or experience, however,
the Company shall be required to distribute such assignments
evenly among employees in the department; and any time worked by
an employee in an overtime assignment made on the basis of
special skills or experience shall be credited to that employee
for overtime equalization purposes, as would any other overtime
worked. The Union shall be informed of all special overtime
assignments made on the basis of special skills or experience on
at least a weekly basis. It is understood that the Company shall
not be required to create unnecessary overtime for any purpose.
4. When an employee is requested by the Company to work
outside of or beyond his regular hours, he shall be expected to
do so, unless the Company determines that extraordinary hardship
would result by requiring the employee to work such an overtime
assignment. However, under no circumstances will notice for
mandatory overtime be given less than four (4) hours before such
overtime would begin. No employee shall be required to work more
than fourteen (14) hours in any workday or more than fifty-six
(56) hours in any workweek, except as otherwise provided in
Section 2 of this Article. In the event an employee is required
to work an overtime assignment and has difficulty with working
the assignment due to a schedule conflict, he shall not be
required to work the overtime if he is able to find a qualified
volunteer to take his place who is acceptable to the supervisor
scheduling the overtime. In such cases, the employee shall be
charged with having worked the overtime for the purposes of
overtime distribution; and the volunteer who works the overtime
shall not be so charged.
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5. HOLIDAY WORK: The Company shall, unless
extraordinary hardship would result, give seven (7) days' notice
of overtime work scheduled on a holiday or during a holiday
weekend (i.e., a weekend preceded or followed by a day designated
as a holiday in Article XV, Section 2 of this Agreement). The
Company shall have the right to open the plant for business on
holidays and to expect employees to work on such days. Except as
otherwise provided above in Section 3 of this Article, work
performed by employees on holidays shall be considered as premium
work, and such work shall be paid for at time and one-half.
6. Hours and pay representing holiday pay, and vacation
pay and all other hours of pay representing non-working time will
be included in figuring overtime for the week and in figuring
straight time average hourly rates.
7. REST PERIODS AND LUNCH PERIODS: The Company shall
provide employees with a one-half (1/2) hour unpaid lunch period
and two (2) rest periods of fifteen (15) minutes duration. It is
understood and agreed that the scheduling of such periods remains
exclusively vested in the Company, and the taking of such periods
shall in no way interfere with the normal and efficient
operations of the plant.
8. Notwithstanding any other provision of this
Agreement, the Employer has sole and unrestricted discretion to
determine when it is necessary to suspend or shut down some part
or all of its operations because of an Act of God, any
circumstances beyond the Employer's control, or any emergency
situation that could compromise product quality or integrity or
endanger the life and safety of an employee or because of
regulatory compliance considerations. In such cases, employees
will be compensated in accordance with the terms of Article XXIV
of this Agreement. In the case of such a suspension or shut-down
in which the Employer requests affected employees to wait in a designated
11
area available for work, the waiting time shall be
considered time worked. If the plant is closed under the
circumstances specified in this Section, and employees are
scheduled to work the following Saturday, said Saturday work
shall be paid for at time and one-half.
9. The provisions of this Article are intended solely to
provide a basis for determining the number of hours of work for
which an employee shall be entitled to be paid at overtime rates,
and shall not be construed as a guarantee to such employee of any
specified number of hours of work either per day or per week, or
as limiting the right of the Company to fix the number of hours
of work (including overtime) either per day or per week for such
employee.
10. CHECK CASHING: The Employer will grant each employee
an additional fifteen (15) minutes to their lunch period on check
cashing day.
V. PROBATIONARY PERIOD
1. The Company has the right to employ such new
employees as it deems necessary and qualified to do the work
available and may hire such persons from any source. The Company
also retains the right to refuse to employ any such person in its
discretion.
2. Generally, there shall be a six (6) month
probationary period for new employees, which may be extended for
up to an additional one (1) month by mutual agreement between the
Company and the Union. New employees hired into the Porter or
Supplier/Material Handler classifications, however, shall be
required to complete a probationary period of ninety (90) days,
which may be extended by up to an additional thirty (30) days by
mutual agreement between the Company and the Union.
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3. The computation of the probationary period shall not
include any work time absent from the job for any reason, and
said probationary period will automatically be extended for all
such work time lost.
4. All probationary period employees may be laid off,
disciplined, discharged or otherwise terminated during their
probationary period for any reason whatsoever, with or without
cause, and such layoff, discipline, discharge or termination
shall not be subject to the grievance procedure of this
Agreement. Nothing in this Agreement shall be construed as a
limitation on this provision in any way.
5. After completion of their probationary period,
employees shall be deemed to be regular employees, and their
seniority shall revert to the date of employment.
6. Nothing in this provision shall be considered a
restriction or limitation upon the training periods established
by the Company for the various job operations or on providing
training periods of greater duration than the probationary period
established herein. Such employees shall be notified of the
length of training period.
VI. SENIORITY
1. Seniority is defined as the total length of
continuous service with the Company.
2. Each Employee shall accumulate seniority rights after
the probationary period provided in ARTICLE V has been
successfully completed, and such seniority shall date from the
time of the employee's most recent date of hire.
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3. LAYOFF AND RECALL: The Company shall have the right
to determine when a layoff is necessary, including the right to
determine the number of employees to be laid off, the department
in which the layoff will occur, and the duration of such layoffs.
In the event a layoff becomes necessary, employees will be laid
off in accordance with their seniority. However, employees to be
laid off shall be permitted to bump employees with less seniority
in an equivalent or lower rated, unprotected job, where the
Company determines the bumping employee is qualified and able to
perform the available work, and where the Company determines in
its sole and unrestricted discretion that displacement of the
incumbent by the bumping employee will not materially affect the
Company's ability to ensure full and undiminished compliance with
regulatory obligations and product quality and integrity. The
Company shall have the right to exempt from bumping up to fifty
percent (50%) of the positions in each classification in each
department, except for Porter and Packer positions. Employees
exercising bumping rights pursuant to this Section shall serve a
probationary period of six (6) work weeks in the position into
which they have bumped, during which period the Company shall
have the right to determine that continuation of the employee in
the position is not consistent with the Company's overall
interests of ensuring regulatory compliance and product quality
and integrity, and maximizing productivity, efficiency and
safety. In the event of such a determination, the employee
bumped out of the position shall be recalled and the employee who
bumped into the position may, in the discretion of the Company,
either be laid off or transferred to another position. In no
event shall an employee be permitted to bump upward. An employee
shall be permitted to exercise bumping rights under this Section
only one (1) time in connection with any layoff affecting the
employee (unless the employee is bumped by a more senior employee
from a position into which he has bumped as a consequence of the
same layoff, in which case the employee may exercise any
additional bumping rights he has one (1) additional time); and
the employee's decision as to whether and how to exercise any
bumping rights available to him, once made and
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communicated to
the Company, shall be irrevocable. The Company shall give forty-
eight (48) hours advance notice of layoff or equivalent pay in
lieu of notice. If more than twenty (20) employees are laid off
in any period of twenty-one (21) days or less, employees who are
involuntarily put out of work by the layoff(s) shall be given
five (5) working days notice of their layoff, provided that the
Employer has determined at the time of the layoff that the
employee is expected to remain on layoff status for a period of
more than thirty (30) calendar days. If an employee is otherwise
entitled to five (5) days notice pursuant to this Section and one
or more paid holidays provided for in Article XV, Section 2 of
this Agreement falls within the notice period, such paid
holiday(s) shall be deemed a working day(s) for purposes of the
notice requirement. The Employer has the option to provide to
any portion of or all employees involuntarily put out of work as
a result of a layoff pay in lieu of any notice required by this
Section. The Employer shall continue to make contributions for
medical coverage of employees put out of work by a layoff for
ninety (90) days after the layoff. Recall will be in the reverse
order of layoff, and employees recalled from a layoff to the
classification that they occupied prior to the layoff shall be
compensated for hours worked at the rate in effect for them in
the classification immediately prior to the layoff. Employees
occupying Porter positions on the effective date of this
Agreement shall, during the term of this Agreement and so long as
they continue to occupy such positions, be protected from layoff
resulting from a decision of the Company to subcontract the
Porter work that would otherwise be done by them.
4. TRANSFERS: The Company shall have the right to
transfer employees on a temporary basis. The Company shall
provide forty-eight (48) hours advance notice of all transfers
between shifts. With respect to transfers involving a relocation
of greater than five (5) miles from an employee's regular
station, the Company must provide twenty-four (24) hours notice.
A temporary transfer shall be defined as a transfer of an
employee at the direction of the Company that is intended
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by the Company at the time it is made to continue for no more than sixty
(60), in the case of an employee's transfer to a different shift
and/or to a different location (i.e., Pomona or Northvale), or in
the case of an employee's temporary reassignment to a different
job on the same shift and in the same location as his regular
assignment, for no more than ninety (90) consecutive calendar
days. Provided, however, the Company shall have the right to
extend any temporary transfer for up to an additional sixty (60)
days if the Company and the Union mutually agree. The Union
shall, however, not refuse to agree to any extension of a
temporary transfer in any case in which failure to extend the
transfer would result in a substantial disruption of production
or compromise in any way the Company's ability to ensure
regulatory compliance. No employee shall suffer a reduction of
pay as the result of temporary transfer, except that employees
who are temporarily transferred between shifts to facilitate the
exercise of bumping rights in the wake of a layoff shall not be
entitled to continue receiving any shift differential applicable
to the shift from which they transferred during the period of the
temporary transfer. Employees transferred to a higher rate job
shall receive that rate for all time spent in that job. All
transfers shall be at the Company's sole and unrestricted
discretion and may be without regard to seniority.
Notwithstanding any other provision in this Agreement, the
Company shall have the right, on the basis of its sole and
unrestricted discretion, to move the physical location of any
part of its operations to another situs. Packers selected for
temporary transfers to the Cephalexin area at the Company's
Pomona, New York facility shall be selected in reverse order of
seniority.
5. Seniority rights and employment shall be terminated
if an employee:
(a) Is discharged for cause.
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(b) Voluntarily quits.
(c) Has less than two (2) years of seniority and is laid
off on or after the effective date of this Agreement for a period
of six (6) consecutive calendar months or more.
(d) Has two (2) to five (5) years of seniority and is
laid off on or after the effective date of this Agreement
for a period of more than twelve (12) consecutive calendar
months.
(e) Has more than five (5) years seniority and is
laid off on or after the effective date of this
Agreement for a period of more than eighteen (18)
consecutive calendar months.
(f) Fails to return to work within five (5)
calendar days after recall from layoff.
(g) Fails to return to work immediately after the
expiration of a leave of absence.
(h) Accepts other employment while on a leave of
absence, or misrepresents the purpose for which a leave
of absence was granted.
(i) Transfers out of the bargaining unit.
17
(j) Absent for three (3) days without notifying
the Company unless the employee can demonstrate by
clear and convincing evidence that he was unable to do
so due to circumstances beyond his control.
(k) Retires.
(l) Accepts severance pay provided by the Company
pursuant to Article XXXIII of this Agreement.
6. In order to insure the proper administration of this
Article, the Company agrees to submit an up-to-date seniority
list to the Union and the Chief Steward four (4) times a year on
a quarterly basis. The Company also agrees to post the list in
the plant.
7. For purposes of any layoff pursuant to Section 3 of
this Article, the Chief Steward shall be deemed senior to all
other employees in the bargaining unit.
VII. DISCHARGE AND DISCIPLINE
1. The Company shall have the right at any time to
discharge or discipline any employee for good cause. No
disciplinary action may be taken, however, unless the employee is
provided notice of the disciplinary action within ten (10) work
days after the Company learns of the conduct on which the
disciplinary action is based.
2. In the event of discharge or other disciplinary
action taken against a non-probationary employee, the Company
will promptly furnish the affected employee with a written
18
statement specifying the reason for the discharge or other
disciplinary action. Such action on the part of the Company
shall be subject to the Grievance Procedure specified in Article
XIII of this Agreement (beginning with Step 3 of Section 3
thereof), provided that a grievance is filed in writing with the
Company within ten (10) work days of receipt by the employee of
the written statement specifying the reason for discharge or
other disciplinary action. Failure to file such grievance within
ten (10) work days shall bar its consideration under any
provisions of this Agreement.
3. A disciplinary memorandum shall not be taken into
account for purposes of determining eligibility for job bids or
the appropriate level of discipline for multiple violations in
the same category under the Company's progressive discipline
policy more than twelve (12) months after the issuance of the
memorandum.
4. The Department Steward, if available, shall be
invited to attend any meeting in which an employee in the
Steward's department is to be informed of any decision to
discipline or discharge the employee.
VIII. UNION BULLETIN BOARDS
The Union shall have the exclusive use of one bulletin board
to be provided by the Company, upon which the Union may post
notices of the following types:
(a) Notices of Union elections involving the Company's
employees.
(b) Notices of the results of such elections.
(c) Notices of Union appointments affecting the Company's
employees.
(d) Notices of meetings and activities pertaining to the
Company's employees; and
(e) Job vacancies and bids.
19
The Union shall not post Union materials on Company premises
other than on the designated Union bulletin boards.
IX. LEAVES OF ABSENCE
1. For the purpose of this Agreement, a leave of absence
is defined as a limited and specified period of time officially
granted to an employee by the Company to absent himself from his
job duties for sick leave, family leave, or personal leave as
hereinafter defined, which time off shall be taken without pay
and subject to all conditions herein.
2. MATERNITY LEAVE OF ABSENCE: A leave of absence for
reasons of maternity shall be granted employees upon
certification from a doctor that the employee is unable to
perform her regular job functions, and said leave shall continue
in effect until such time that a certification from a doctor is
presented stating the employee is physically able to perform the
regular functions of her job. An employee who has been employed
by the Company for at least twelve (12) months and who has worked
at least one thousand (1,000) hours during the immediately
preceding twelve (12) month period shall be entitled to a
personal leave of absence of up to six (6) months to care for his
or her newborn baby or newly adopted infant, after completion of
any prebirth medical disability leave (in the case of an employee
who is the child's mother).
3. SICK LEAVE OF ABSENCE: An employee who has been
employed by the Company for at least twelve (12) months and who
has worked at least one thousand (1,000) hours during the
immediately preceding twelve (12) months may be granted, upon
timely application, a leave of absence without pay for a period
not to exceed twelve (12) consecutive months if the employee
suffers from a serious health condition. The Company may, in its
sole and unrestricted discretion, require that any period of
leave pursuant to this Section be supported by certification
20
issued by a duly licensed health care provider which shall state,
at a minimum: (a) the date on which the serious health condition
commenced; (b) the probable duration of the condition; and the
medical facts within the provider's knowledge regarding the
condition. The Company may, in its sole and unrestricted
discretion and at its own expense, require that the employee
obtain an opinion regarding the serious health condition from a
licensed health care provider designated or approved by the
Company. An employee who fails to report to work immediately on
the date set for the expiration of his or her leave shall be
considered to have abandoned his or her employment unless the
Company receives a certificate from a licensed health care
provider, prior to expiration of such leave, that the employee is
still unable to perform his/her regular job functions.
4. PERSONAL LEAVE OF ABSENCE: Upon written application
from an employee for a personal leave of absence, the Company, in
its exclusive discretion, may grant a written leave of absence
without pay where good cause is shown, for a maximum period of
six (6) months. An employee who has been employed by the Company
for at least twelve (12) months, who has worked at least one
thousand (1,000) hours during the immediately preceding twelve
(12) months, and whose parent, spouse or child is suffering from
a serious health condition shall be entitled to unpaid leave, if
timely requested, of up to twelve (12) weeks in any twelve (12)
month period to care for such parent, spouse or child.
Permission for leave requested pursuant to this Section shall not
be unreasonably withheld. No employee has the absolute right to
return to work prior to the expiration of his leave unless he
notifies the Company, in writing, at least five (5) working days
prior to the intended date for return to work; and the Company,
in its sole discretion, determines that the employee's early
return as proposed will best serve the Company's overall interest
in ensuring regulatory compliance and product quality and
integrity, and maximizing productivity, efficiency and safety.
The leave of absence for personal reasons may be extended by
mutual agreement of the
21
parties. An employee who fails to report
to work immediately on the date set for the expiration of his
leave shall be considered as having voluntarily quit, unless a
reasonable excuse is given as determined by the Company.
5. The employee who returns from an authorized leave of
absence and is capable of properly and adequately performing his
job without significant additional training, will be reinstated
in the job he held at the time his leave commenced if that
position is vacant and the Company's production needs are such as
to make filling the position at that time desirable. If a
returning employee's prior position is not vacant or filling the
position at that time is deemed by the Company to be not
desirable, he will be allowed to exercise "bumping" rights unless
the Company determines that the employee's exercise of such
rights would significantly impair the interests of ensuring
regulatory compliance and product quality and integrity, and
maximizing safety. In such case, the employee shall be placed on
layoff status until such time as his prior position becomes
vacant and production needs make filling the position desirable,
or the Company determines that the employee's exercise of
"bumping rights" will not significantly impair the aforementioned
interests.
6. An employee who accepts employment elsewhere during
any leave of absence taken pursuant to the terms of this Article
will be considered as having voluntarily quit, unless previously
authorized.
7. Employees will accumulate seniority while on an
approved leave of absence pursuant to this Article. Employees on
leave granted pursuant to this Article will not, however, receive
credit as time worked for purposes of accrual of or entitlement
to any benefits except as otherwise provided in Article XV,
Section 1(a) and Article XVII, Section 3.
22
SECTION 8. Any leave requested and taken by an employee
pursuant to the terms of this Article shall be charged against
the employee's eligibility for leave under the Family and Medical
Leave Act to the extent consistent with the terms of said Act.
X. BEREAVEMENT
1. When death occurs in an employee's immediate family,
which shall mean father, mother, husband, wife, son or daughter,
the employee shall be entitled, on notification to the Company,
to take the five (5) work days immediately following the
employee's learning of such death with pay for bereavement leave.
In the case of the death of the brother, sister, mother-in-law,
father-in-law, grandchildren or grandparents of an employee who
has completed his probationary period, the employee on request
will be excused for three (3) consecutive working days with pay
to grieve. The Company will not unreasonably withhold its
consent to reasonable extensions on bereavement leave as
circumstances warrant, but employees to whom such extensions are
granted shall not be entitled to pay during the period of such
extended leave.
2. Reasonable evidence of the death and relationship may
be required by the Company supporting the claim for such time off
from work.
XI. JURY DUTY
Full-time employees who are called for jury duty shall be
granted the necessary time off for such purpose. The Company
will pay the employee the greater of the employee's daily wages
(to be computed on the same basis as holiday pay) or forty
dollars ($40.00) per day for the first three (3) days of jury
service. In the case of any employee required to serve on jury
duty for more than three (3) days, the Company will pay such
employee for such additional service the difference, if any,
between the employee's daily earnings (to be computed the same as
holiday pay) and the monies paid
23
to such employee by the
authorized governmental agency, provided that such additional
jury duty is not the result of a voluntary act by the employee.
At the request of the Company, the employee shall present
evidence of jury duty and receipt of compensation. The employee
must notify the plant manager immediately upon receipt of summons
for jury service in order to qualify for jury duty leave.
XII. GENERAL
1. The Company and the Union agree that they will not
discriminate against an employee by reason of race, color, creed,
age, sex, sexual preference, physical or mental disability,
national origin, membership or non-membership in the Union.
2. Nothing in this Agreement shall be construed as
constituting an agreement that any work is or may become the
exclusive right of any employee or classification of employees.
The Company retains the sole and unrestricted discretion to
direct employees, on a temporary basis, to perform work not
within the job description of the position that they normally
occupy whenever the Company determines that the interests of
ensuring regulatory compliance and product quality and integrity,
and maximizing productivity, efficiency or safety will best be
served by doing so. This clause shall not contravene the
seniority and overtime provisions.
3. All provisions of this Agreement are assumed to be in
conformity with the applicable laws of the States of New Jersey
and New York and the United States. If any provisions are later
proven to be contrary to any applicable law existing at this time
or subsequently enacted, such provision shall then be considered
void, and the invalidity or unenforceability of such provision
shall have no effect on the remaining provisions of the
Agreement.
24
4. The Company has the right to use supervisors and
other non-bargaining unit personnel to perform bargaining unit
work to whatever extent and for whatever duration management
deems best serves the Company's overall interests in ensuring
regulatory compliance and product quality and integrity, and
maximizing safety. Supervisors also may, in the interests of
efficiency and orderly production, fill in or work on a
particular job as dictated by the necessities of the operation.
However, if an employee within the bargaining unit leaves the
employ of the Company, he will not be replaced with a supervisory
employee provided the position is still available. Likewise, if
there are overtime opportunities, supervisory employees shall not
replace bargaining unit employees; but this proscription shall
not preclude qualified supervisors from doing up to two (2) hours
of unit work if there are no qualified bargaining unit employees
in the plant and available to do the work at the time. Some
examples of supervisors working are:
(a) Emergencies occurring during scheduled working days
when an operation is not fully manned.
(b) Instructing or training of employees, including self-
training.
(c) Performing experimental work involving new products,
new equipment, new methods or new materials.
(d) Making minor adjustments and set up.
(e) Providing for the continuance of the work flow.
(f) Product validation or other nonproduction scientific work.
It is agreed that the Company shall not exercise its rights under
this Section in such a way as to reduce systematically the number
of bargaining unit positions.
25
5. The Company shall be responsible for instituting
formal training procedures in all job classifications. Training
shall be performed by such personnel as the Company deems, in its
sole and unrestricted discretion, best suited to effective and
efficient performance of the training function. Employees
assigned to perform such training functions shall be compensated
at a rate one dollar and fifty cents ($1.50) above their normal
rate during the period of such assignment. A training guide
shall be developed covering the skills and responsibilities which
employees in each type of work shall be taught. Employees may be
directed to participate in cross-training exercises to ensure the
availability of adequate personnel with the appropriate skill mix
to deal with emergency or peak load situations, or to best serve
the Company's overall interests in ensuring regulatory compliance
and product quality and integrity, and maximizing productivity,
efficiency and safety. The determination of the departments in
which cross-training will be done and the number of employees in
such departments to be given cross-training is a matter committed
to the sole and unrestricted discretion of the Company. If less
than all employees in a job classification within a department
are to be assigned to participate in cross-training exercises,
employees shall be selected for such exercises on the basis of
seniority. Employees temporarily assigned to positions, other
than the ones they normally occupy, for cross-training purposes
shall not be deemed to have transferred into such positions. The
Company will inform the Union at least two (2) weeks prior to
implementation of its plans, and any modifications thereof, for
cross-training in any department with bargaining unit employees
who will be involved in the cross-training program. All
employees who participate in training, whether as trainers or
trainees, shall be required to certify on documentation provided
by the Company that such training has been completed. However,
it is understood that an employee's signature as required by the
preceding sentence does not necessarily signify that the
26
employee certifies or believes that the content of the training was
sufficient to qualify the employee receiving the training to
perform work of the sort that was the subject of the training.
6. MANAGEMENT TRAINEES: Whereas it is the expressed
intent of the Company to train, educate and familiarize
supervisors and managers with the Company's total operation,
including each phase of the operation, department by department,
the Company shall have the right to have management trainees work
on any or all jobs, including production jobs included in the
bargaining unit, with the following limitations:
(a) Management trainees shall not be included in the
bargaining unit and shall not be required to join the Union.
(b) Management trainees shall not exceed fifteen
percent (15%) or ten (10) employees, whichever is the
lesser, of the total number of bargaining unit employees at
any given time (i.e., if there are forty (40) bargaining
unit employees, there shall not be more than six (6)
management trainees). The Company will notify the Union of
its decision to employ management trainees pursuant to this
Section on or before the commencement date of the employment
of any such employees.
(c) A management trainee shall not perform bargaining
unit work for a period in excess of fifteen (15) months on
an over-all basis, and not more than four (4) consecutive
months in any one department.
(d) Although the company identifies with and
subscribes to the policy of promotion from within, and
may select employees from the bargaining unit to become
management trainees, it is understood that it is within
the Company's sole and
27
unrestricted discretion to
determine and select employees to become management
trainees and may make such selection from any outside
source.
(e) It is not the intent of the Company to
substitute management trainees for bargaining unit
employees in the performance of bargaining unit work.
(f) The Union shall be entitled to meet with the
Company every six (6) months to review the Management
Trainee Program.
7. SUMMER HELP: Employees hired during the summer
vacation period (90 days or less) or during the two-week
Christmas period shall be excluded from coverage under the
Agreement.
SECTION 8. Coffee will be provided at Company expense in
all break rooms utilized by bargaining unit employees.
SECTION 9. Bargaining unit employees shall be supplied by
the Company with uniforms to be worn in performing their work,
and the Company shall make arrangements for periodic cleaning of
such uniforms at Company expense.
SECTION 10. When bargaining unit employees are required for
job-related reasons to travel using their own vehicles between
the Company's facilities at the Northvale, New Jersey location
and the Pomona, New York location, they shall be reimbursed by
the Company for such travel at the rate of twenty-eight cents
($0.28) per mile.
SECTION 11. Paychecks for bargaining unit employees shall
be issued weekly, and payday shall be on Wednesday.
28
SECTION 12. Bagels and/or donuts shall be provided for
bargaining unit employees required to work overtime on Saturday,
unless one or more employees are scheduled to work straight time
on that day.
SECTION 13. Bargaining unit employees working the second
shift shall not be required to begin mandatory overtime work on
Saturdays any sooner than eight (8) hours after completion of
their final, straight-time shift (which would have begun on the
preceding Friday); notwithstanding the foregoing, second shift
employees may begin overtime work on Saturdays in less than eight
(8) hours after completion of their last preceding straight-time
shift if such arrangement is mutually agreeable to the employee
and the supervisor responsible for scheduling the overtime work.
SECTION 14. The Company will generally seek to maintain a
one-to-one ratio of QA Associates to QA Inspectors in the Quality
Assurance Department. Notwithstanding the foregoing, it shall
not be considered a violation of the terms of this Agreement for
the Company to have as many as two (2) more QA Associates than QA
Inspectors in the Department for a period of up to four (4)
months if the Company deems that such an imbalance advances the
Company's interests in ensuring regulatory compliance and product
quality and integrity and maximizing productivity, efficiency and
safety.
SECTION 15. WORK AND FAMILY COMMITTEE: The Company and the
Union recognize that counseling and other forms of assistance may
be of value to an employee and his or her family in situations in
which personal problems have the potential to interfere with the
employee's performance of job responsibilities. The Company and
Union also recognize that Company policies may have an impact on
the lives of employees. The Company and the Union agree that
employees should strive to achieve an appropriate balance between
work and family responsibilities. In addition,
29
the Company and
Union further agree to work together to address issues related to
the mutual goal of achieving a balance between work and family
responsibilities. Accordingly, the Company and the Union have
agreed upon a Work and Family Policy and agree to maintain a Work
and Family Committee as a forum in which such issues can be
constructively considered and discussed. The Committee will be
comprised of four (4) members, two (2) designated by the Union
and two (2) designated by the Company. The Committee's mandate,
in addition to sustaining dialog about work and family issues
that are relevant to the Company's employees, shall include
working to assure that employees are aware of the Company's
Employee Assistance Plan, including the resources that employees
can access through that Plan, and any other professional
community resources that might be able to assist with problems
relating to the employee's efforts to achieve a healthy balance
between work and family. Communications by individual employees
with Committee members regarding particular problems that such
employees are encountering in striving to achieve that balance
shall be treated as strictly confidential and shall not be
discussed with anyone other than current members of the Work and
Family Committee. Information that an employee shares with Work
and Family Committee members, as is the case with all
communications with Employee Assistance Program counsellors, in
connection with the employee's efforts to obtain assistance from
the Committee on matters within its mandate shall be treated as
confidential and shall not be considered in any way as a basis
for disciplinary action of any kind. The Committee will meet
quarterly at agreed upon times and places to review issues
brought to the Committee's attention by employees or Management.
Chairing the Committee meetings and the preparation of minutes
will alternate between Union and Management members. Union
members of the Committee shall be compensated at their regularly
assigned wage rates for time spent in the Committee's meetings.
Nothing in this Section shall be construed as overriding or
modifying any other provisions of this Agreement.
30
SECTION 16. CHILD CARE: The Company shall, as soon as is
practicable after the effective date of this Agreement, establish
a flexible spending account in accordance with Section 125 of the
Internal Revenue Code, which will make it possible for employees
to set aside a portion of pretax income each year to be used to
defray dependent care expenses. The Company shall also contract
with the Rockland Council for Young Children to provide child
care counseling and referral services for any employees requiring
such assistance.
XIII. GRIEVANCES
1. For purposes of this Agreement, a grievance is any
dispute or difference of opinion between the Company and the
Union, or between the Company and any of its employees covered by
this Agreement, involving the meaning, interpretation or
application of the express provisions of this Agreement. Any
dispute over whether a complaint is subject to these procedures
shall be treated as a grievance, in accordance with the
procedures prescribed in this Agreement, subject to the
provisions of Article XXVIII, LOCKOUTS AND STRIKES. Permission
to investigate grievances shall not be unreasonably denied,
provided however that the Union shall conduct no grievance
investigation in such a manner as to interfere in any way with
Company operations without the prior, express consent of the Vice
President Human Resources or Plant Manager.
2. Grievance adjustments below the Step 3 level shall be
binding only with respect to that specific grievance and shall
not be deemed to establish a binding standard for the bargaining
unit as a whole, unless the Company and the Union specifically
agree otherwise in writing.
3. Except as otherwise provided in Article VII,
DISCHARGE AND DISCIPLINE, and Article XXVIII, LOCKOUTS AND
STRIKES, no grievance shall be entertained by the Company, except
in the following order and manner, and within the following time
limits:
31
STEP 1: In the event an employee covered by this
Agreement has a complaint involving the interpretation,
application or alleged violation of this Agreement, he shall take
the matter up with his immediate Supervisor at a mutually
convenient time within ten (10) work days of the occurrence of
the event out of which the grievance arises, or within ten (10)
working days from the date when the Union or the employee should
reasonably have been aware of the facts on which the grievance is
based. The employee may be accompanied by a Union Representative
if the employee so desires. The Supervisor shall give his answer
to the employee as soon as practical, but in any event within ten
(10) work days.
STEP 2: In the event the grievance is not settled in
Step 1, it shall be reduced to writing, stating the specific
relief sought, signed by the employee and presented by the
Department Steward to the Supervisor within ten (10) work days
from the time the Supervisor gives his answer as provided in
Step 1 above. The Supervisor will discuss the matter with the
employee and the Department Steward presenting the written
grievance as soon as is practical, and in any event within ten
(10) work days after the Supervisor receives the written
grievance. The Supervisor will give a written answer to the
employee and the Union as soon as is practical, but in any event
within ten (10) work days of the time the written grievance is
presented. The presentation of the Supervisor's written answer
shall terminate Step 2.
STEP 3: In the event the grievance is not settled in
Step 2, the Union may, within ten (10) work days after the
termination of Step 2, request a meeting with the Vice President,
Human Resources, or her representative, to discuss the grievance.
The Vice President, Human Resources, or her representative, the
employee, either the Chief Steward or a Department Steward of the
Union, and a representative of the International or Local Union,
if available, shall meet as soon as practical
32
at a mutually
convenient time, but in any event within ten (10) work days of
such written request, and discuss the matter in an attempt to
arrive at a satisfactory resolution of the grievance. The answer
of the Vice President, Human Resources, shall be given, in
writing, to the employee and the Union within ten (10) work days
of the meeting referred to in this Step. The issuance of the
answer to the affected employee and the Union shall terminate
Step 3.
STEP 4: In the event the grievance is not settled in
Step 3, the Union may, within ten (10) work days of receipt by
the Union of said answer, request in writing that the grievance
be submitted to arbitration as provided in Section 4 below.
4. Within ten (10) days of the Company's receipt of the
Union's request for arbitration, the Union or the Company, on an
alternating basis (beginning with the Union for the first
arbitral panel requested during the term of this Agreement),
shall request the American Arbitration Association ("AAA") to
submit a panel of seven (7) qualified and available arbitrators,
providing a copy of such request contemporaneously to the other
party and pay any necessary fee to obtain such a panel. Within
ten (10) work days after receipt of the panel, the parties shall
alternately strike names from the panel, beginning with the party
requesting the arbitration, until the name of the arbitrator is
thus chosen. The request for an arbitral panel shall be deemed
to have been made upon mailing it to AAA. If the party
responsible for requesting the arbitral panel from AAA fails to
do so within the ten (10) day period prescribed for the
submission of such request, the other party shall have the right
to request the panel and select the arbitrator from among any of
the names on the panel obtained from AAA. If either party fails
or refuses to participate in the arbitrator selection process in
such a manner as to assure that it is completed within the
aforementioned ten (10) day period allotted for the process, the
other party shall have the right to designate the arbitrator from
among those on the panel who have not been previously stricken by
one of the parties. The arbitrator shall be notified of his
33
selection by a joint letter from the Company and the Union
requesting that he set a time and place for the hearing, subject
to the availability of the Company and Union representatives, and
the letter shall specify the issue(s) to the arbitrator. Any
grievance as to which the arbitration hearing is not completed
within six (6) months after selection of the arbitrator shall be
deemed finally determined on the basis of the Company's final
response in Step 3 of the grievance procedure unless the failure
to complete the hearing within such period is solely the product
of either: (a) the Company's refusal to make its representative
available to attend the hearing in that period; or (b) the
unavailability of the arbitrator on any dates within such period.
If the failure to complete the hearing within six (6) months is
solely the result of the Company's refusal to make its
representative available on any dates within such period, the
Company shall be deemed to have waived all defenses to the issue
of liability, leaving only the issue of appropriate relief to be
determined by the arbitrator.
5. The arbitrator so appointed shall conduct a hearing
and render his decision, in writing, with all reasonable
promptness. Any decision rendered by an arbitrator appointed
hereunder shall be final and binding upon the Company, the Union,
and the employee or employees involved on matters that are the
proper subject of arbitration hereunder.
6. Any arbitrator appointed under the provisions of this
Article shall consider and decide only the particular issue(s)
presented to him in writing by the Company and the Union, and his
decision and award shall be based solely upon his interpretation
of the meaning or application of the express terms of this
Agreement to the facts of the grievance presented. If the matter
sought to be arbitrated does not involve an interpretation of the
express terms of this Agreement, the arbitrator shall so rule in
his award and the matter shall not be further entertained by the
arbitrator. The arbitrator shall have no right to amend, modify,
nullify, ignore, add to or subtract from the provisions
34
of this Agreement. The arbitrator shall have no authority to overturn
or modify any action of the Company unless the Union shows by clear
and convincing evidence that such action was violative of the
express terms of this Agreement or was arbitrary and capricious
or, in any case involving disciplinary action taken against an
employee, either that the employee did not commit the act on
which the disciplinary action was based or that the Company's
action against the employee was arbitrary and capricious.
7. The compensation and expenses of the arbitrator, and
other expenses mutually agreed to in advance, shall be borne
equally by the Company and the Union.
8. Employees losing time as a result of participation in
arbitration proceeding sunder this Article, shall be made whole
by the party on whose behalf they appear.
9. A grievance initiated by either the Company or the
Union, involving the interpretation or application of this
Agreement, may be commenced at the Step 3 level, as set forth
above, by the filing of such grievance in writing with the other
party within ten (10) work days after the party initiating the
grievance has reason to believe that the other party has assumed
a position inconsistent with the terms of this Agreement. In the
event of a grievance initiated by the Company, the written
grievance shall be accompanied by a request for a meeting with
the Local President of the Union. All rights, obligations and
time limits for action by the Vice President Human Resources,
specified in Steps 3, 4 and 5 and Section 4 above, shall apply to
the President of the Local Union in grievances initiated by the
Company, and all rights, obligations and time limits applicable
to the Union or employee in Steps 3, 4 and 5 and Section 4, shall
apply to the Company.
10. If any steps or actions provided for in this Article
are not taken, appeals herein provided for are not taken or
filed, or notice is not given within the time limit specified for
35
such steps, actions, appeals or notice, then the grievance shall
be deemed final and settled on the basis of the Company's last
reply. If the Company's reply is not timely given at any stage
in the grievance procedure, then the grievance shall be deemed
denied at the expiration of the time limit within which an answer
is required and such denial may be appealed to the next step in
the grievance procedure specified. Any of the time limits
specified in this Article may be extended by mutual agreement
between the parties. Saturdays, Sundays, days on which the
Company facilities are closed for any part or all of the day due
to inclement weather, and those holidays specified in Article XV
of this Agreement shall not be included in the computation of
time periods specified by this Article.
11. In general, any investigation, discussion and
settlement of grievances shall be done during working hours,
provided however that no such activities shall be conducted in
such a manner as to interfere in any way with Company operations
without the prior, express permission of the Vice President Human
Resources or Plant Manager.
SECTION 12. The Company and the Union may, by mutual
agreement in writing, submit any unresolved grievance to
mediation under contract under the auspices of the New Jersey
Board of Mediation. If the mediator in such a case is unable to
arrive at a mediated settlement that is acceptable to both
parties, the parties shall request that he or she issue a written
"Mediator's Recommendation," which shall be final and binding on
both parties as to the case in which it is issued but shall have
no precedential effect and shall not be admissible for any
purpose in any future cases. In any case in which the parties
agree to mediation, they shall be deemed to have waived any right
to arbitration to which they might otherwise have been entitled
pursuant to the terms of this Agreement. The fact that a party
declines to agree to mediation in a particular case shall not be
admissible for any purpose in that or any other case.
36
XIV. VACATIONS
1. All employees covered by this Agreement shall be
eligible for paid vacations according to the following schedule
with the length of an employee's continuous service being
calculated from the anniversary date of hire:
Less than
Two (2) years of continuous service One (1) week
After
Two (2) years of continuous service Two (2) weeks
After
Five (5) years of continuous service Three (3) weeks
After
Ten (10) years of continuous service Four (4) weeks
After
Fifteen (15) years of continuous service Five (5) weeks
Employees shall accrue vacation rights each year at the rate of
one twelfth (1/12) of the total amount of the employee's vacation
eligibility under this Section for each month he or she works or
is on vacation or paid leave provided for in Article XXII of this
Agreement. For purposes of this Section, an employee shall be
considered to have worked a month, and therefore to have earned
vacation accrual credit, if he actually works or is on vacation
or Article XXII paid leave for at least one hundred (100) hours
in that month. Accrual will begin on January 1 of each year or,
in the case of employees who are hired or return to work after
January 1, on the date the employee begins work. Accrual rate
increases provided for in the schedule set forth above shall
become applicable on January 1 of the year of the anniversary
date on which the employee will reach the amount of continuous
service making him eligible for an increased amount of vacation.
Any accrued vacation not taken before December 31 of the year
following the year in which it accrued shall be lost, and in
37
no event will an employee be entitled to receive pay in lieu of
vacation except where the employee is laid off or leaves the
Company's employ with accrued and unused vacation, or where the
employee is prevented from taking properly scheduled vacation by
a Company requirement that he cancel such scheduled vacation and
he is unable to reschedule the vacation to be taken before the
end of the year. Employees with less than five (5) years of
service shall be entitled to take vacation only to the extent
that it has accrued. Beginning in the calendar year after
completing four (4) years of continuous service with the Company
and subject to the provisions of Section 3 of this Article,
however, employees shall be entitled to take up to one-half of
the vacation that they will be eligible to accrue during the
calendar year at any time prior to July 1 of that year. Such
employees shall be entitled to take up to the full amount of
vacation that they will be eligible to accrue during the calendar
year at any time after June 30 of that year. In the event the
employee fails to work the entire year (including, without
limitation, because of being discharged, suspended, or laid off,
or because of going on disability or a leave without pay status),
any pay received by the employee for vacation not accrued at the
time the employee leaves the active workforce shall be deducted
from the employee's paycheck for the final pay period preceding
the employee's ceasing or interrupting work. If the employee's
final paycheck is in an amount insufficient to reimburse the
Employer for the amount of unaccrued vacation previously taken,
the employee shall pay the Employer the difference on or before
his final day at work.
2. Eligible employees who take vacation in a week when
they are scheduled to work an eight (8) hour shift shall receive
as vacation pay eight (8) times the employee's straight time
hourly rate for each day of vacation. Vacation payment shall be
made the last scheduled pay day before Eligible employees taking
vacation in a week in which they are scheduled to work four (4) or
38
more ten (10) hour days shall receive vacation pay for each
day of vacation equal to the amount of pay they would have
received had they worked the scheduled ten (10) hours on that
day.
3. Accrued vacation may be taken at any time during the
calendar year, except that newly hired employees shall not be
entitled to take vacation or receive pay in lieu of vacation
until after successful completion of their probationary period.
However, the employee must obtain permission to schedule any
vacation from the Company at least one (1) month before the
scheduled departure date. The Company will not unreasonably
withhold its permission, but retains discretion to deny an
employee's request if it is deemed inconsistent with production
requirements or the Company's overall interests of ensuring
regulatory compliance and product quality and integrity, and
maximizing productivity, efficiency and safety. Subject to the
foregoing, if two or more employees request the same vacation
period and the Company deems it inadvisable for all of such
employees to be out on vacation at the same time, the employee or
employees with greater seniority shall be given preference.
4. Vacation must be taken in no less than eight hour
blocks, or in the case of employees taking vacation on a day when
they would have been scheduled to work ten (10) hour shifts, in
ten-hour blocks.
5. The Company will maintain a record of all vacation
time used by an employee and provide updated information
regarding the amount of vacation taken and accrued to employees
on request. If the Company acquires the payroll accounting
capability to provide periodic information of the employees'
vacation account balances on payroll stubs or through other means
without incurring substantial additional expense during the term
of this Agreement, it shall do so.
39
XV. HOLIDAYS AND HOLIDAY PAY
1. Full-time and regular part-time employees shall be
eligible for holiday pay. Eligible full-time employees will be
credited with eight (8) hours (or ten (10) hours in the case of
employees who would have been scheduled to work a ten (10) hour
shift but for the holiday) worked on holidays enumerated in
Section 2 below, provided they have passed their probationary
period. Holiday pay for eligible part-time employees shall be
prorated on the basis of the average daily straight-time hours
they are regularly scheduled to work in the week in which the
holiday falls. Otherwise eligible employees shall not receive
holiday pay (or be credited with hours worked) under the
following conditions:
(a) An employee who has an unexcused tardiness or who is
absent on the work day or part of the work day preceding or
following the holiday, except for employees absent because of
serious illness or serious accident for no more than five (5)
working days prior to or following the holiday.
(b) Employees who are off on a personal leave of absence.
(c) Employees on suspension or disciplinary layoff.
(d) The employee who would not normally be scheduled to
work and who would not normally work on such day in any event.
2. The following days shall be considered holidays under
this Agreement:
New Years Day Thanksgiving Day
Martin Luther King's Birthday Day after Thanksgiving
Presidents' Day Christmas Eve
Memorial Day Christmas Day
40
July 4th Day before New Year's Day
Labor Day Employee's Birthday
Religious holidays shall be permitted to be celebrated
without pay and employees shall not be penalized for their
absence on such days.
3. Subject to the limitations set forth in Article 4,
Section 3, work performed on holidays shall be paid at the rate
of time and one-half (1/2) the employee's regular rate in
addition to the holiday pay.
4. If a holiday falls within an employee's vacation,
such employee shall be paid holiday pay for the holiday in
addition to his vacation pay, or shall receive an extra day of
vacation, as agreed by the Company and the employee.
5. Except as otherwise provided in Article IV, Section 2
of this Agreement, holiday pay for an employee entitled thereto
shall be computed on the basis of eight (8) times the employee's
average straight time hourly earnings in the last calendar
quarter ending immediately prior to the particular paid holiday.
Overtime premium payments, holiday payments, vacation payments
and all other non-working time payments shall be excluded from
the holiday computation.
6. All holidays falling on a Sunday shall be celebrated
on the following Monday.
7. All holidays falling on a Saturday shall be
celebrated on the preceding Friday.
41
XVI. WAGE INCREASES
1. (a) Effective April 1, 1996, all employees in the
Chemical Operator II, Maintenance Mechanic, Machine Mechanic,
Chemical Operator I, Set-Up Mechanic, and QA Inspector
classifications will receive a wage increase of $1.20 per hour;
all employees in the Licensed Trailer Truck Driver, Line
Technician, and Supplier/Material Handler classifications will
receive a wage increase of $1.00 per hour; and all employees in
the Packer and Porter classifications will receive a wage
increase of $0.50 per hour.
(b) Effective April 1, 1997, all employees in the
Senior Manufacturing Operator, Chemical Operator II,
Maintenance Mechanic, Machine Mechanic, Chemical Operator I,
Set-Up Mechanic, and QA Inspector classifications will
receive a wage increase of $0.50 per hour; all employees in
the Licensed Trailer Truck Driver, Line Technician, and
Supplier/Material Handler classifications will receive a
wage increase of $0.40 per hour; and all employees in the
Packer and Porter classifications will receive a wage
increase of $0.30 per hour.
(c) Effective April 1, 1998, all employees in the
Senior Manufacturing Operator, Chemical Operator II,
Maintenance Mechanic, Machine Mechanic, Chemical Operator I,
Set-Up Mechanic, and QA Inspector classifications will
receive a wage increase of $0.50 per hour; all employees in
the Licensed Trailer Truck Driver, Line Technician, and
Supplier/Material Handler classifications will receive a
wage increase of $0.40 per hour; and all employees in the
Packer and Porter classifications will receive a wage
increase of $0.30 per hour.
42
(d) Effective April 1, 1999, all employees in the
Senior Manufacturing Operator, Chemical Operator II,
Maintenance Mechanic, Machine Mechanic, Chemical Operator I,
Set-Up Mechanic, and QA Inspector classifications will
receive a wage increase of $0.50 per hour; all employees in
the Licensed Trailer Truck Driver, Line Technician, and
Supplier/Material Handler classifications will receive a
wage increase of $0.50 per hour; and all employees in the
Packer and Porter classifications will receive a wage
increase of $0.30 per hour.
(e) Effective April 1, 2000, all employees in the
Senior Manufacturing Operator, Chemical Operator II,
Maintenance Mechanic, Machine Mechanic, Chemical Operator I,
Set-Up Mechanic, and QA Inspector classifications will
receive a wage increase of $0.50 per hour; all employees in
the Licensed Trailer Truck Driver, Line Technician, and
Supplier/Material Handler classifications will receive a
wage increase of $0.50 per hour; and all employees in the
Packer and Porter classifications will receive a wage
increase of $0.50 per hour.
2. The Company shall have sole and unrestricted
discretion with respect to establishing new job classifications,
revising old job classifications and/or combining job
classifications, and establishing the hourly rates of pay for
employees who perform work therein. In the event the Company
determines that revision or combination of an old job
classification warrants a reduction in the hourly rates of
employees in the positions affected by a revision or combination,
and in all cases in which the Company establishes a new job
classification, the Company shall propose the new rate to the
Union at least two (2) weeks before it is scheduled to go into
effect and the parties shall negotiate in good faith in an effort
to reach agreement on the new rate. In the event the Union
believes that the hourly rates of jobs affected by a
classification revision or combination should be
43
increased, the
Union shall propose a new rate and the parties shall negotiate in
good faith in an effort to reach agreement on the rate. If the
parties reach impasse during the term of this Agreement in
negotiations regarding wage rate changes entered into pursuant to
this Section, the Company shall have the right to implement
unilaterally its final offer. The Union has the right to grieve
this decision pursuant to the terms of Article XIII of this
Agreement. In the event the Union grieves the Company's
implementation of its final offer, and the Company later agrees
or an arbitrator rules that a different rate should apply, such
revised rate shall be applied retroactively to the date of the
Company's unilateral implementation of its final offer put forth
in the original negotiations.
3. The Company shall have the right to establish hourly
rates of pay for various jobs, and to revise or otherwise change
such hourly rates, but in no event shall any rate be revised
downward, except as provided above in Section 2 of this Article.
4. The Company shall negotiate with the Union, the rate
of all newly created jobs, prior to posting a bid or interviewing
potential candidates.
5. The parties agree that there will be one rate of hire
in each classification for new employees.
6. As noted in the schedules set forth below in
Section 8 of this Article, employees shall receive the general
wage increase and incremental wage increases in progression until
they reach the maximum rate.
7. JOB DESCRIPTIONS: The Company has sole and
unrestricted discretion to determine whether and when written job
descriptions for bargaining unit jobs need to be revised or
updated. Whenever such job descriptions are revised or updated,
the Company shall promptly
44
provide the Union with copies of the
new descriptions. The Union has the right, within twenty (20)
workdays after receipt of the new job descriptions, to submit
written suggestions for changes in such job descriptions (with
explanations of the rationales for any such suggestions) that it
believes the Company should consider. The Company shall consider
any such suggestions offered by the Union in good faith. If the
Company declines to accept any such suggestion and there remains
a dispute as to whether, without the suggested change, the job
description in question accurately describes the content of the
job that is its subject, the Union may process the dispute
through the grievance and arbitration procedure prescribed in
Article XIII of this Agreement.
8. WAGE RATES: The wage rates applicable to positions
covered by this Agreement shall be as follows:
Senior Manufacturing Operator
Effective Effective Effective Effective Effective
4/1/96 4/1/97 4/1/98 4/1/99 4/1/00
$18.20 $18.70 $19.20 $19.70 $20.20
To be eligible to bid on Senior Manufacturing Operator internship
position openings, employees must, at the time of their
submission of a bid on such openings, be currently employed as a
Chemical Operator I, Chemical Operator II, or a Machine Mechanic,
and have worked for at least one (1) year and demonstrated
proficiency in one or more of the five (5) production disciplines
in which Senior Manufacturing Operators are expected to
demonstrate and maintain a high level of proficiency (i.e.,
Compounding, Tableting, Coating, Encapsulation, and Packaging).
Employees who successfully bid on Senior Manufacturing Operator
internships shall receive a $0.25/hr. increase upon moving into
an internship assignment or within fifteen (15) days of receiving
the bid, whichever occurs first. Upon becoming certified as
proficient in two (2) of the Senior Manufacturing Operator
disciplines, interns shall receive an additional $0.25/hr.
increase in their wages. Additional increases in the amount of
$0.50/hr, would occur for interns who become certified as
proficient in the third and fourth disciplines. Upon
certification of an intern's proficiency in the fifth of the five
(5) disciplines in which Senior Manufacturing Operators must
demonstrate proficiency, employees shall begin to receive the
appropriate full Senior Manufacturing Operator rate specified
above. The probationary period prescribed in Article XXIX of
this Agreement shall apply upon an employee's initial assignment
to a Senior Manufacturing Operator internship and at each
assignment to a new discipline during the employee's internship.
45
Maintenance Mechanic
Effective Effective Effective Effective Effective
4/1/96 4/1/97 4/1/98 4/1/99 4/1/00
$16.35 $16.85 $17.35 $17.85 $18.35
Chemical Operator II
Effective Effective Effective Effective Effective
4/1/96 4/1/97 4/1/98 4/1/99 4/1/00
Maximum Rate $16.20 $16.70 $17.20 $17.70 $18.20
The number of Chemical Operator II positions, if any, on each
shift and in each department shall be determined by the Company
in its sole and unrestricted discretion.
Machine Mechanic
Effective Effective Effective Effective Effective
4/1/96 4/1/97 4/1/98 4/1/99 4/1/00
Rate $15.30 $15.80 $16.30 $16.80 $17.30
46
Chemical Operator I
Effective Effective Effective Effective Effective
4/1/96 4/1/97 4/1/98 4/1/99 4/1/00
Start $12.70 $13.20 $13.70 $14.20 $14.70
After 3 months from
Date of Hire $13.20 $13.70 $14.20 $14.70 $15.20
After 6 months from
Date of Hire $13.70 $14.20 $14.70 $15.20 $15.70
After 9 months from
Date of Hire $14.20 $14.70 $15.20 $15.70 $16.20
After 12 months from
Date of Hire $14.70 $15.20 $15.70 $16.20 $16.70
Employees designated by the Company as Special Materials
Operators shall be paid a premium for all time spent working in
such capacity of ten (10) percent above the otherwise applicable
rate for a Chemical Operator.
47
Set-Up Mechanic
Effective Effective Effective Effective Effective
4/1/96 4/1/97 4/1/98 4/1/99 4/1/00
Start $13.50 $14.00 $14.50 $15.00 $15.50
After 3 months from
Date of Hire $14.15 $14.65 $15.15 $15.65 $16.15
After 6 months from
Date of Hire $14.90 $15.40 $15.90 $16.40 $16.90
Quality Assurance
Effective Effective Effective Effective Effective
4/1/96 4/1/97 4/1/98 4/1/99 4/1/00
Start $12.35 $12.85 $13.35 $13.85 $14.35
After 3 months from
Date of Hire $12.70 $13.20 $13.70 $14.20 $14.70
After 6 months from
Date of Hire $13.05 $13.55 $14.05 $14.55 $15.05
After 9 months from
Date of Hire $13.40 $13.90 $14.40 $14.90 $15.40
After 12 months from
Date of Hire $13.75 $14.25 $14.75 $15.25 $15.75
48
Line Technician
Effective Effective Effective Effective Effective
4/1/96 4/1/97 4/1/98 4/1/99 4/1/00
Start $11.90 $12.30 $12.70 $13.20 $13.70
After 3 months from
Date of hire $12.25 $12.65 $13.05 $13.55 $14.05
After 6 months from
Date of hire $12.65 $13.05 $13.45 $13.95 $14.45
After 9 months from
Date of hire $12.95 $13.35 $13.75 $14.25 $14.75
After 12 months from
Date of hire $ 13.30 $13.70 $14.10 $14.60 $15.10
Shipping, Receiving, Supplier and Material Handler
Effective Effective Effective Effective Effective
4/1/96 4/1/97 4/1/98 4/1/99 4/1/00
Start $11.40 $11.80 $12.20 $12.70 $13.20
After 3 months from
Date of Hire $11.75 $12.15 $12.55 $13.05 $13.55
After 6 months from
Date of Hire $12.15 $12.55 $12.95 $13.45 $13.95
After 9 months from
Date of Hire $12.45 $12.85 $13.25 $13.75 $14.25
After 12 months from
Date of Hire $12.80 $13.20 $13.60 $14.10 $14.60
Material Handler Truck Drivers shall be paid at a rate fifty
cents ($0.50) per hour higher than those otherwise applicable to
employees in the Shipping, Receiving, Supplier, Material Handler
classification.
49
Packers
Effective Effective Effective Effective Effective
4/1/96 4/1/97 4/1/98 4/1/99 4/1/00
Start $9.15 $9.45 $9.75 $10.05 $10.55
After 3 months from
Date of Hire $9.65 $9.95 $10.25 $10.55 $11.05
After 6 months from
Date of Hire $10.15 $10.45 $10.75 $11.05 $11.55
After 9 months from
Date of Hire $10.65 $10.95 $11.25 $11.55 $12.05
After 12 months from
Date of Hire $11.15 $11.45 $11.75 $12.05 $12.55
Porter
Effective Effective Effective Effective Effective
4/1/96 4/1/97 4/1/98 4/1/99 4/1/00
Start $8.90 $9.20 $9.50 $9.80 $10.30
After 3 months from
Date of Hire $9.40 $9.70 $10.00 $10.30 $10.80
After 6 months from
Date of Hire $9.90 $10.20 $10.50 $10.80 $11.30
After 9 months from
Date of Hire $10.40 $10.70 $11.00 $11.30 $11.80
After 12 months from
Date of Hire $10.90 $11.20 $11.50 $11.80 $12.30
Licensed Tractor Trailer Driver
Effective Effective Effective Effective Effective
4/1/96 4/1/97 4/1/98 4/1/99 4/1/00
$14.50 $14.90 $15.30 $15.80 $16.30
50
Any employee who was classified as a Labeler as of June 30,
1989 shall continue to have his/her rate RED circled. All
Porters hired prior to July 1, 1989 shall continue to be paid at
the Supplier/Material handler rate.
SECTION 9. HOLIDAY BONUS: The Company shall pay a holiday
bonus to all nonprobationary employees beginning in December of
1996. The amount of the bonus shall be $200.00, with prorated
lesser amounts for employees who have worked less than the full
calendar year preceding the date on which the bonus is to be
paid. The bonus checks prescribed in this Section shall be
distributed to eligible employees on or before December 15 of
each year.
XVII. HEALTH AND WELFARE
1. The Company agrees to make available to its regular
full-time employees (and their dependents) covered by this
Agreement who are actively employed, Health and Welfare coverage
with the OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION,
LOCAL 8-149 Welfare Plan, which shall include dental insurance
coverage with a benefit of up to $1,250 per employee per year.
For the remainder of the term of this Agreement, the Employer
contribution shall be 20.6% of gross payroll straight time
excluding overtime, unused sick pay and unused vacation pay.
This rate shall, however, be adjusted to cover any changes in
premium charges to the Union by its providers during the first
four years of this Agreement up to a maximum aggregate increase
of thirty percent (30%) over the premium levels in effect on the
effective date of this Agreement, and for any increase of up to
seven percent (7%) in the fifth and final year of this Agreement.
The Employer shall calculate such contribution for any employee
who actually works and/or is paid time for vacation, Article XXII
sick leave and/or holidays for a total in excess of one hundred
(100) hours in any calendar month, as if said employee had worked
all scheduled straight
51
time in that month. The contribution on behalf of any employee
whose total paid time for time worked is equal to or less than
one hundred (100) hours shall be calculated on a pro-rated basis
by multiplying the amount of a full contribution by the ratio
derived by dividing the amount of the employee's paid time in
that month by the total amount of scheduled straight time in that
month, plus any paid holiday time for which the employee would
have been eligible if he had actually worked all scheduled
straight time.
2. EMPLOYEES' ELIGIBILITY: Full-time employees covered
by this agreement are eligible upon completion of one hundred
twenty (120) days of continuous active service. Full-time
employees are defined as those employees completing 2,080 hours
of service in a calendar year. Part-time employees are defined
as those employees completing at least 1,560 hours of service in
a calendar year.
3. The Employer shall contribute to the Oil, Chemical
and Atomic Workers International Union, Local 8-149 Welfare Plan
for those eligible employees who are on family or medical leave
pursuant to the terms of Article IX, and for employees who are on
disability and workers' compensation for a maximum period of six
(6) months.
XVIII. CHECKOFF
In a manner and to the extent permitted by law, the Company
agrees to deduct each month from the wages of each of its
employees who are members of the Union and who have voluntarily
authorized same, the prescribed union dues and initiation fees,
and to remit the same monthly to the Union. Each authorization
shall be in writing, signed by the employee, and shall be
delivered by the Union to the Company. The Union agrees to
indemnify and save the Company harmless from any and all claims
and/or disputes arising out of the Company's actions in
compliance with this provision.
52
XIX. RELOCATION
In the event the Company shall at any time move its
operations from its present location to any other place within a
radius of 100 miles, the employees in service with the Company at
the time of such move shall be offered a opportunity for
employment in the new location, and this Agreement shall continue
in full force and effect and shall be applicable to such
employees in the new location, provided, however, a majority of
the employees so offered employment relocate and are employed
with the Company at the new location.
XX. UNION SECURITY
1. It shall be a condition of employment that all
employees of the Employer covered by this Agreement who are
members of the Union in good standing on the effective date of
this Agreement shall remain members in good standing, and those
current employees who are not members on the effective date of
this Agreement, shall, on the thirty-first (31st) day thereafter,
become and remain members in good standing in the Union. It
shall also be a condition of employment that all employees
covered by this Agreement and hired after the effective date of
this Agreement, shall, on the thirty-first (31st) day after said
hiring date, become and thereafter remain members in good
standing in the Union.
2. Upon written notice from the Union, the Employer
shall discharge any employee not a member in good standing as
defined under the National Labor Relations Act, as amended.
XXI. UNION REPRESENTATION AND STEWARDS
1. (a) The establishment of a Union Committee composed
of not more than three (3) members, which shall also serve as the
Grievance Committee and the establishment of a Steward
53
system is agreed to by the Company. The Union shall be permitted to have
two (2) alternate stewards.
(b) Representatives of the International Union shall be
permitted to assist the Committee at all times, provided that
such representatives shall accord at least forty-eight (48) hours
advance notice to the Company's Vice President Human Resources of
any need for access to Company facilities, respect and observe
any applicable sign-in and site security rules, and refrain from
interfering with or impeding Company operations or the work of
any employee. In cases of emergency, the Union may request and
the Vice President Human Resources may permit access to Company
premises on less than forty-eight (48) hours notice. Such
permission shall not be unreasonably denied.
(c) In the event the Company establishes a second shift,
there shall be one (1) steward employed on the second shift and
the Union shall be permitted to have one (1) alternate steward on
said shift.
(d) The Chief Steward and Stewards shall be allowed two (2)
hours off, without pay, four (4) times a calendar year, for the
purpose of attending Union Educational and Training Sessions
related to the performance of their responsibilities as stewards
at Barr Laboratories.
(e) The Department Stewards will be expected to perform on
a full-time basis the responsibilities of the jobs to which they
are assigned in the bargaining unit. Management will allow them
a reasonable amount of time away from their duties (up to a
maximum of four (4) hours per week) to handle union business,
provided a request for such excused time is made and approved in
advance by the Vice President Human Resources or Plant Manager
and the proposed scheduling of
54
the release time requested will
not significantly interfere with or impair the Company's overall
interests of ensuring regulatory compliance and product quality
and integrity, and maximizing productivity, efficiency and
safety. The Chief Steward shall be expected to perform on a full-
time basis the responsibilities of a bargaining unit position,
except that he will be granted a total of twelve (12) hours per
week to handle Union business, to be scheduled in advance in at
least four (4) hour blocks at times that are mutually agreeable
to the Company and the Union, and which may be changed no more
frequently than quarterly. In the event of extraordinary need,
the Vice President Human Resources may, in her sole and
unrestricted discretion, grant a request of the Chief Steward for
release time in addition to the weekly period(s) regularly set
aside for Union business pursuant to the terms of this Section.
The Chief Steward's bargaining unit work will be scheduled to be
performed on a Monday through Friday schedule. The Chief Steward
shall be eligible for overtime assignments on the same basis as
other similarly situated employees in his classification and so
long as he confines his handling of Union business to the
prearranged twelve (12) hour schedule prescribed above, such
hours shall be treated as time worked for purposes of eligibility
for overtime premium pay as provided for in Article IV, Section 3
of this Agreement. All employment conditions applicable to the
Chief Steward under this Section shall also apply to the Unit
Secretary.
SECTION 2. The Company will make available for the
exclusive use of the Union at least one (1) office with a
telephone and a reasonable amount of file space.
SECTION 3. Department Stewards shall be allowed up to three
and one-half (3.5) hours of unpaid leave to attend each quarterly
meeting of the Union. The amount of such leave will vary based
on the individual shift schedule of each Steward, but shall not
exceed three and one-half (3.5) hours for any Steward. If shift
schedules should change in such a manner during the term of this
55
Agreement as to make the aforementioned amount of release time
clearly inadequate to permit attendance at the quarterly
meetings, the Company and the Union will meet to work out a
reasonable accommodation of their respective interests.
Notwithstanding any other provision of this Agreement, the
Company reserves the right to deny any Department Steward's
request for leave to attend any one or more quarterly meetings
because of unusual work related problems that would significantly
affect productivity, efficiency, quality or regulatory
compliance, although the Company acknowledges that it expects
such instances to be rare. The Union will provide the Company
with a schedule of its quarterly meetings in January of each
calendar year. Each Department Steward shall be responsible for
confirming with his or her Supervisor the time and dates of any
release requirements pursuant to this Section one (1) week prior
to the scheduled quarterly meeting with respect to which leave is
requested.
XXII. SICK LEAVE, PERSONAL DAYS, LONGEVITY DAY
1. The Company agrees to continue, for the life of this
Agreement, its current policy of paid sick leave. Each employee
employed eight (8) months or more, shall be entitled to five (5)
days of paid sick leave per calendar year.
2. New employees shall be eligible to receive paid sick
leave at the rate of one (1) day for each two (2) months of
employment to commence after the employee's eighth (8th) month of
employment, but not retroactively.
3. Employees not using all or any of the five (5) paid
sick days shall have the option of receiving unused sick pay on
or about December 15th of each calendar year, or banking up
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to five (5) days for use in the following year. The number of paid
sick days an employee has available shall not affect charging of
occurrences under the Company's attendance policy.
4. Sick days may be used in four (4) hour blocks, but
not less, except that employees assigned to work ten (10) hour
shifts must use their sick days in blocks of not less than five
(5) hours.
5. The Company will maintain a record of all sick leave
and personal time used by the employee and provide updated
information regarding the amount of sick leave taken and accrued
and unused personal and longevity days to employees on request.
If the Company acquires the payroll accounting capability to
provide such information periodically on payroll stubs or through
other means without incurring substantial additional expense
during the term of this Agreement, it shall do so.
6. PERSONAL DAYS: In order to qualify for one (1)
personal day per contract year, the following conditions must be
met by an employee:
(a) The employee must give 3 working days advance notice to
department supervisor as to which day is to be taken as a
personal day, and
(b) The personal day cannot be added to the employee's
vacation period, and
(c) The personal day cannot be taken during a week of a
holiday, nor shall it be taken on a working day before or after a
holiday.
(d) The personal day may be used in four (4) hour
blocks, or in five (5) hour blocks in the case of
employees assigned to work ten (10) hour shifts. The
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above conditions must be met for an employee to take
the personal day in four (4) or five (5) hour blocks
unless a personal emergency exists.
If all the above conditions are met, said personal day may
be taken at the employee's option.
Subject to the foregoing conditions, employees who have been
employed by Barr for five (5) or more consecutive years,
shall be entitled to take one (1) additional personal day
per year.
7. LONGEVITY DAY: Those employees who have attained ten
(10) years of service or more shall receive a personal day off
with pay as a longevity day. Said employee must give one (1)
week's notice to his Supervisor before taking such day: If there
is any limitation on the number of people taking the longevity
day at a particular time, seniority shall apply. The longevity
day must be taken as a day, not less.
XXIII. SHIFT DIFFERENTIAL
In the event the Company establishes a second shift, there
shall be a ten percent (10%) shift differential paid to each
employee employed on said second shift. In the event the Company
establishes a third shift, there shall be a fifteen percent (15%)
shift differential paid to each employee employed on said third
shift.
The differential for the shift starting at midday (Example:
11:30 a.m. to 8:00 p.m.) shall be eight percent (8%).
XXIV. REPORTING AND CALL-IN PAY
1. REGULAR WORK (REPORTING TIME): Any employee who
reports to work unless otherwise previously notified eight (8)
hours prior to starting time by the Company shall
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receive four (4) hours work or pay for that day. If in the course
of the day an employee is sent home because of lack of work, and has
completed at least four (4) hours of work, or five (5 hours work
if he is assigned to work a ten (10) hour shift, he shall be paid
for the remainder of his shift.
2. EMERGENCY WORK (CALL-IN): When an employee is called
for emergency work, has completed his regular eight (8) hour
shift, and is eligible under Article IV for overtime pay, he
shall be paid a minimum of four (4) hours pay at the rate of time
and one-half (1-1/2). If, upon completion of the first four (4)
hours of work on the emergency job the employee is required to
stay over for additional work, he shall be paid a minimum of an
additional four (4) hours pay at the rate of time and one-half (1-
1/2).
XXV. SAFETY AND HEALTH
1. The Company shall assume the responsibility imposed
in accordance with State Workers Compensation Laws for employees
who suffer injury or disease resulting from conditions on the
job.
2. No employee shall knowingly be permitted to work on a
job which poses a recognized health hazard (including any
medically demonstrated sensitivity that would make continued
exposure to a substance with which he comes into contact in the
performance of his assigned job duties where continued exposure
to the substance would be detrimental to his health) unless
effective control measures (i.e., engineering and/or
administrative controls and, where appropriate, personal
protective equipment) have been provided. No employee shall
knowingly perform any unsafe act that presents a danger either to
the employee or to others. In the event that an individual
cannot perform a specific job function due to illness, injury or
physical sensitivity to substances present in the workplace, that
individual will be given suitable alternative work, if such work
is available, provided
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the employee provides the Company with a
statement from his physician confirming that, despite the
limitation that precludes him from performing his normal job
functions, he is fit to perform the job functions of the
available alternative work. In addition, the Company may, in its
sole and unrestricted discretion, require that any employee
claiming to have a job related illness or injury or a physical
sensitivity that interferes with or precludes his performance of
the normal responsibilities of his position submit to an
examination by a physician chosen and paid for by the Company for
the purpose of obtaining independent medical verification of the
condition and any work limitations resulting from it. In the
event no alternative work is available, "bumping" shall apply
unless the Company determines in its discretion that allowing the
employee to exercise "bumping" rights would be inconsistent with
the Company's overall interests of ensuring regulatory compliance
and product quality and integrity, and maximizing productivity,
efficiency and safety. Employees who are transferred or bump
into positions pursuant to this Section that have lower wage
rates than their usual jobs shall be compensated at the higher
rate for one (1) month, and will thereafter be compensated at the
lower rate.
3. The Company shall make available annually, to all
employees, a physical examination and pay for same. The Health
and Safety Committee will help determine the protocol for
physical examinations. The Company shall inform the Union of any
changes in the physicians or medical group performing the
physicals. In addition to annual physical examinations, all
employees shall be required to participate and cooperate fully in
all medical surveillance programs deemed by the Company to be
necessary for compliance with applicable provisions of the Code
of Federal Regulations or other regulatory provisions, or any
other medical surveillance approved by the Health and Safety
Committee.
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4. The Company shall institute and maintain all
necessary precautions for safeguarding its employees against
conditions that the Company knows or should know are likely to be
harmful their health and safety. Both the Company and the Union
recognize their mutual obligation to assist in the prevention,
correction, and elimination of all unhealthy and unsafe working
conditions and practices.
5. There shall be established a joint labor-management
Health and Safety Committee consisting of two Union and two
Company representatives. It shall hold meetings eight (8) times
per year at times and places mutually convenient and agreeable to
the representatives of the Union and the Company attending and
scheduled by or before December 31 of the year prior to the year
in which the meetings are to be held. The purpose of such
meetings shall be to consider, review and/or provide
recommendations for workplace conditions and health and safety
related practices. Members of the Committee shall also conduct
monthly tours of the Company's manufacturing facilities with
advance notice to and in cooperation with plant and departmental
Management. Findings from these tours shall be reviewed at the
regular meetings of the Committee. Union representatives shall
be compensated at their regularly assigned wage rate for
reasonable time spent in connection with the work of the
Committee.
6. Any employee who is injured on the job, and who
must miss time from work on the day of the injury and (or the
following day) on the instructions of the Company physician or
other physicians acceptable to the Company, will be paid special
compensation pay up to the balance of the work day as well as the
following day. Any employee who receives compensation pay for
this time period due to a claim from Workers' Compensation shall
not be eligible for special compensation pay.
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7. At least once each year, the parties will undertake
an industrial hygiene survey in the plants performed by a
certified industrial hygienist mutually acceptable to the Company
and the Union, and whose fee shall be paid by the Company. A
Company representative and a Union representative shall accompany
such hygienist at all times during any on-site inspection
activities. An unedited report of the survey shall be submitted
in writing to the Company and the Union. At a mutually
established time, subsequent to the receipt of reports, the
Company and the Union will meet to review such reports and to
consider the findings. The parties may conduct a second survey
in any year by mutual agreement.
8. The Company and the Union agree that the Director of
OCAW's District Resource Center and the Company's Associate
director of Health and Safety shall meet and confer for the
purpose of developing a mutually acceptable protocol for a joint
training program on health and safety awareness for Barr's
bargaining unit employees. It is agreed that the curriculum and
course content will be fully reviewed and approved in advance of
any training sessions, that the training sessions will be in
segments of no more than two (2) hours at a time and for a
cumulative total in any calendar year of no more than four (4)
hours, and that all such training sessions shall be scheduled at
mutually agreeable times and in such a way as to minimize any
disruption of the Company's production and any impact on the
Company's ability to ensure regulatory compliance, product
quality and integrity, productivity, efficiency and safety. Any
further health and safety training deemed necessary by Management
will be provided by the Company.
9. The Company will provide protective equipment
including waterproof boot coverings and outdoor clothing for
employees as required.
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10. The Company will reimburse employees in departments
where required and applicable, up to Seventy Dollars ($70.00) for
one pair of safety shoes upon completion of their probationary
period. Employees will also be reimbursed for the cost of
replacement safety shoes, up to a maximum of Seventy Dollars
($70.00) upon turning in worn out safety shoes previously paid
for in whole or in part by the Company.
XXVI. WASH UP TIME AND REST PERIODS
1. There shall be a five (5) minute wash-up time in all
departments prior to the lunch period.
2. For employees working an eight (8) hour shift, there
shall be a fifteen (15) minute rest period with the first four
(4) hours worked, and another fifteen (15) minute rest period
within the second four (4) hours worked.
XXVII. TUITION REFUND PLAN
The Company will reimburse an employee for up to $1,500 per
semester with a limit of two (2) semesters per contract year, for
tuition costs only.
The course to be taken must be related to the employee's
job. All courses must be taken at an accredited school approved
by the Company. In order to qualify for this benefit, the
employee must apply to the Vice President Human Resources or her
designee at least six (6) weeks prior to the date on which the
tuition payment would be due, providing a detailed description of
the course to be taken and identifying the institution offering
it. Such applications may be denied if the Company determines,
in its sole and unrestricted discretion, either that the course
is insufficiently related to the employee's job or that the
Company should not approve the school.
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It is further agreed that the employee in question must
attain a "B" average or better (or, in the case of approved
courses offered on a pass-fail basis, the employee must obtain a
passing mark in the course); and if the employee fails to attain
same, the Company will not reimburse such monies expended towards
tuition costs. Enrollment is subject to the Company's prior
approval.
It is further agreed that educational tuition shall be
available to all employees in the bargaining unit employed at
least one (1) year or more.
XXVIII. LOCKOUTS AND STRIKES
1. The Union shall not call or authorize any strike,
work stoppage, slowdown, sit-in or any other interference with
work, and the Employer shall not cause any lockout. Where an
unauthorized strike, work stoppage, slowdown, sit-in or any other
interference with work occurs, the Union will make immediate
efforts to return the strikers to their respective jobs, and
shall request the strikers to cease any action which may affect
production. The Employer agrees, in consideration of the
performance of the Union of the aforesaid undertakings, to
absolve the Union, its officers or agents, of any liability by
suit for damages for breach of contract, or of any kind or
character whatsoever. It is distinctly understood and agreed
that the Union will not be held liable for any unauthorized or
outlaw strikes or the individual acts or actions of any employee
or group of employees, so long as the Union faithfully discharges
its duty as hereinbefore described to use its best efforts to
discourage such acts and to bring about their early cessation.
2. Should any employee or group of employees engage in
any strike, work stoppage, slowdown, sit-in or any other
interference with work, the Employer shall have the right to
summarily discharge the aforesaid employee or groups of
employees. In any such case, resort may
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be had to the grievance
procedure under Article XIII of this Agreement only to determine
the question of whether the disciplined employee did, in fact,
engage in the conduct of which he is accused.
3. In the event the Union or any of its officers, agents
or members engage in conduct violative of Section 1 of this
Article, it is agreed that the Company may:
(a) Seek to enjoin such conduct in any appropriate State
Court;
(b) Submit the matter to an arbitrator mutually agreed to
by the Company and the Union or, in the absence of such
agreement, an arbitrator chosen by the Company from a panel of
five (5) arbitrators obtained from the American Arbitration
Association; and
(c) Seek any other legal, equitable, administrative,
judicial or contract remedies available to the Company under law.
XXIX. BIDDING AND POSTING
1. All job vacancies shall be posted on all bulletin
boards in all Company production facilities for three (3) days,
exclusive of Saturday, Sunday, and paid holidays provided for in
Article XV of this Agreement. Qualifications will be determined
by seniority and ability to perform the job. The Company has
sole and unrestricted discretion to determine who, among two (2)
or more qualified candidates is the best qualified to perform the
work of the position in such a manner as to maximize the
contributions of the position to the Company's overall interests
of ensuring regulatory compliance and product quality and
integrity, and maximizing productivity, efficiency and safety.
In evaluating the qualifications of candidates, the Company will
take into full
65
consideration the employee's past performance,
demonstrated skills, disciplinary record, and over-all
competency. Among equally qualified bidders, seniority shall
control.
An employee bidding on a job shall give the job bid to the
Human Resources Department which shall notify the chief steward
as soon as bidding is closed. The Company shall interview all
bidders within five (5) working days from the end of the posting
date. Within three (3) days of the close of interviewing of
bidders, or as soon as any labor-management dispute is resolved,
the Company shall notify the steward and award the bid. Upon
request by the steward, the Company will provide a written
explanation of why an employee was not awarded the job.
Proficiency, aptitude, manual dexterity, and/or other
scientifically developed and validated testing developed in-house
or from other sources will, to the extent deemed helpful by the
Company in its sole and unrestricted discretion, be administered
to bidders to determine their suitability for training and
performance. Such tests shall be related to those skills and
qualifications necessary to the position. Any employee who has
previously worked for at least six (6) months and demonstrated
proficiency in a position on which he seeks to bid shall not be
required to take any mechanical aptitude test administered to
other bidders for the job to demonstrate qualification for that
job. Discriminatory administration of tests will be subject to
the Union Grievance procedure. If the bidding employee fails the
proficiency or aptitude test for the relevant position, that
employee shall not be entitled to bid on that position or other
positions requiring similar qualifications for a period of one
(1) year.
In order to assist incumbent bargaining unit employees who
for any reason anticipate that they may have difficulty in
performing well enough on aptitude tests utilized by the Company
to determine qualifications of job bidders, the Company agrees
that it will offer a basic skills training course
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(covering reading and math skills) to all interested employees at least
twice a year. Attendance at such training course shall be
entirely voluntary, on the participating employee's own time, and
uncompensated.
In general, aptitude tests (designed to test a candidate's
knowledge, skills and abilities for performance of job
functions), when administered, will be given to candidates prior
to selection of an employee to fill a job and used to assess the
candidate's capabilities for completing training and successfully
performing the job. Proficiency testing may be used to assess
job knowledge at the preselection stage, where prior experience
and/or specific job knowledge are prerequisites to selection for
a job, or after the completion of training to assess whether the
employee has acquired sufficient job knowledge through training
to be able to perform the responsibilities of the job
successfully. Testing for aptitude and proficiency will be
limited to testing for knowledge, skills and abilities necessary
for successful job performance, and the Union agrees that
selection procedures meet this criterion if professionally
developed and validated in accordance with the Principles for
Validation and Use of Personnel Selection Procedures issued by
the Society for Industrial and Organizational Psychology.
Further, tests that have been in recent use in the Company's
employee selection procedures shall be presumed to meet this
criterion until new, professionally developed tests are
available.
A successful bidder must be transferred to his new position
within fifteen (15) days. If transfer to the new position takes
longer than fifteen (15) days, he/she will in any event, be
entitled to the higher rate of pay (if a higher rate is otherwise
applicable under the terms of this Agreement) effective fifteen
(15) days after an award. An employee who successfully bids on a
higher rated job will receive the 3-month rate for that job or
their current rate, whichever is higher, and will progress
through the wage schedule thereafter.
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In the event that none of the bidding employees are
qualified for the available position, the Company may go outside.
Each employee shall be eligible for only one successful
lateral bid per year. In addition, each employee shall be
eligible for only two (2) successful upgrade bids in a calendar
year. But, in no event, shall any employee be eligible for more
than two (2) successful bids in one (1) calendar year.
Therefore, an employee who has successfully bid laterally shall
be allowed only one (1) upgrade bid.
If a bidding employee refuses an award, that employee shall
not be entitled to bid on any other job for a period of one (1)
year.
Any employee selected for a new position in accordance with
this Article shall be on probation which will not last more than
ninety (90) days, to demonstrate the necessary skill, ability and
physical capability to learn and perform all aspects of the work
in a satisfactory manner consistent with the Company's overall
interests of ensuring regulatory compliance and product quality
and integrity, and maximizing productivity, efficiency and
safety. Such probationary period may be extended for an
additional thirty (30) days on mutual agreement between the Union
and the Company. At any time during the probationary day period
the Company may elect to return the employee to his old job and
is under no obligation to retain in the position an employee who
has been determined by the Company to be unsatisfactory for any
reason.
In the event that an employee awarded a bid is not
successful during the probationary period (i.e., performance is
deemed by the Company to be unacceptable or employee decides to
return to previous position), the Company shall award the job to
the next senior bidder whose name appears on the original bid
list, assuming that such employee is deemed by the Company to be
qualified for the
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new position. After exhausting those employees
deemed by the Company to be qualified on the original bid list,
the Company, in its sole and unrestricted discretion, may fill
the position by hiring from among applicants from outside the
Company.
Any employee who voluntarily returns to his old job during
the probationary period shall not be eligible to bid on any new
job for a period of twelve (12) months.
New employees shall not be permitted to bid on any new job
until they successfully complete their probationary period.
XXX. CREDIT UNION CHECK-OFF
1. In a manner and to the extent permitted by law, the
Company agrees to deduct each week from the wages of each of its
employees who are members of the Union and who have voluntarily
authorized same, the prescribed credit union deductions and to
remit the same monthly to the Union. Each authorization shall be
in writing, signed by the employees, and shall be delivered by
the Union to the Company. The Union agrees to indemnify and save
the Company harmless from any and all claims and/or disputes
arising out of the Company's actions in compliance with this
provision.
2. The Company agrees to allow payroll deductions for
the Local 8-149 OCAW Federal Credit Union. Such deductions, if
elected by employee, are to be made on a weekly basis and
remitted on a monthly basis.
XXXI. 401(k) PLAN (EMPLOYEE SAVINGS AND RETIREMENT PLAN)
1. The employees may elect to contribute two percent
(2%) of annual straight time wages and have the option of
contributing up to twelve percent (12%) of annual straight time
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wages according to the by-laws of the plan. The Company agrees
to match at one hundred percent (100%) the first two percent (2%)
of each participating employee's annual straight time wages
contributed to the plan.
2. The Company guarantees past service credit for
vesting purposes only for employees hired prior to July 1, 1983.
The minimum vesting schedule shall be as follows unless changed
by Federal Regulations:
20% after 1st year of service
40% after 2nd year of service
60% after 3rd year of service
80% after 4th year of service
100% after 5th year of service
If an employee quits or is terminated, he shall receive all of
his contribution and interest earned pursuant to the above
schedule.
3. An employee must be eighteen (18) years of age or
older in order to be eligible to participate in the employee
401(k) Plan.
4. All employees hired before October 23, 1978 will
receive a one-time severance pay as follows:
(a) Two percent (2%) of their straight-time pay earned
since they began working with Barr until July 1, 1983.
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(b) Collect a lump sum at age 55 or upon retirement, if
they retire after age 55 at their option.
(c) Provided they are employed as of July 1, 1984.
5. The plan shall be attached hereto and become a part
hereof.
6. The Company will notify the Union in advance and
discuss any changes in the 401(k) Plan. Any such changes will
not have retroactive effect. The Company and the chief shop
steward will regularly educate the employees in regard to the
401(k) Plan.
XXXII. SUCCESSORS AND ASSIGNS
This Agreement will be binding upon successors and/or
assigns and shall survive any sale, change of name or
reorganization.
XXXIII. SEVERANCE PAY
Employees who are permanently laid off or who retire at age
59-1/2 or after, shall be eligible to receive severance pay as
follows:
0 but less than 1 Year of Service None
1 Year of Service
but less than 2 Years of Service 1 Week
2 Years of Service
but less than 5 Years of Service 2 Weeks
5 Years of Service
but less than 8 Years of Service 4 Weeks
8 Years of Service
but less than 10 Years of Service 6 Weeks
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10 Years of Service
but less than 12 years of Service 8 Weeks
12 Years of Service and over 10 Weeks
Pay for each week of severance entitlement shall be paid at
forty (40) hours per week at the employee's straight time rate.
"Permanent layoff" as used in this Section shall mean a layoff
that is contemplated by the Company at the time it is implemented
to result, or does in fact result, in the affected employee
losing work for a period of one (1) year or more. Severance pay
as hereinbefore provided shall be payable within ten (10) days of
the anniversary of the effective date of the employee's layoff,
except that severance pay for employees laid off prior to the
effective date of this Agreement shall be payable within ten (10)
days after the second anniversary of their layoffs. Permanently
laid off employees entitled to severance pay pursuant to this
Article may request early payment of their severance pay benefits
within sixty (60) days of their layoff (or, in the case of
employees laid off prior to the effective date of this Agreement,
within fourteen (14) months of their layoff), and severance pay
in such cases shall be payable within ten (10) days of the
Company's receipt of the request.
XXXIV. DURATION AND TERMINATION
This Agreement shall be in full force and effect, commencing
April 1, 1996 up to and including March 31, 2001, and shall
automatically renew itself from year to year thereafter, but
either party may terminate it or propose modifications or
amendments at the end of the contract expiration date and the end
of each year thereafter, by giving the other party written notice
by registered mail no earlier than ninety (90) days nor later
than sixty (60) days before each automatic renewal date.
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It is agreed that all rights and obligations arising under
or provided in this Agreement shall expire on its termination
date.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year first above written.
OIL, CHEMICAL AND ATOMIC WORKERS
INTERNATIONAL UNION, LOCAL 8-149,
AFL-CIO
By /s/ Mark Dudzic
Its President, O.C.A.W. Local 8-149
BARR LABORATORIES, INC.
By /s/ Catherine F. Higgins
Vice President Human Resources
COMMITTEE:
By /s/ Raymond Stever
By /s/ Brian Kopac
By /s/ Jean Lahens
By /s/ Larry Graham, Int'l Representative, O.C.A.W. Local 8-149
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Collective Bargaining Agreement - Barr Laboratories and Oil, Chemical, and Atomic Workers International Union, Local 8-149, Afl-Cio
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