{"id":38640,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/collective-bargaining-agreement-barr-laboratories-and-oil.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"collective-bargaining-agreement-barr-laboratories-and-oil","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/collective-bargaining-agreement-barr-laboratories-and-oil.html","title":{"rendered":"Collective Bargaining Agreement &#8211; Barr Laboratories and Oil, Chemical, and Atomic Workers International Union, Local 8-149, Afl-Cio"},"content":{"rendered":"<pre>\n                       AGREEMENT BETWEEN\n\n\n                       BARR LABORATORIES\n\n\n                              and\n\n\n                          LOCAL 8-149\n\n               OIL, CHEMICAL, and ATOMIC WORKERS\n                      INTERNATIONAL UNION\n\n\n\n\n                   EFFECTIVE - APRIL 1, 1996\n\n                    EXPIRES - MARCH 31, 2001\n                    BARR LABORATORIES, INC.\n                              and\n                OIL, CHEMICAL AND ATOMIC WORKERS\n                INTERNATIONAL UNION, LOCAL 8-149\n                            AFL-CIO\n                COLLECTIVE BARGAINING AGREEMENT\n\n                       TABLE OF CONTENTS\n\n\nARTICLE I.  UNION RECOGNITION                                   1\n\nARTICLE II.  MANAGEMENT RIGHTS                                  2\n\nARTICLE III.  UNION ACTIVITIES                                  4\n\nARTICLE IV.  HOURS                                              5\n\nARTICLE V.  PROBATIONARY PERIOD                                12\n\nARTICLE VI.  SENIORITY                                         13\n\nARTICLE VII.  DISCHARGE AND DISCIPLINE                         18\n\nARTICLE VIII.  UNION BULLETIN BOARDS                           19\n\nARTICLE IX.  LEAVES OF ABSENCE                                 20\n\nARTICLE X.  BEREAVEMENT                                        23\n\nARTICLE XI.  JURY DUTY                                         23\n\nARTICLE XII.  GENERAL                                          24\n\nARTICLE XIII.  GRIEVANCES                                      31\n\nARTICLE XIV.  VACATIONS                                        37\n\nARTICLE XV.  HOLIDAYS AND HOLIDAY PAY                          40\n\nARTICLE XVI.  WAGE INCREASES                                   42\n\nARTICLE XVII.  HEALTH AND WELFARE                              51\n\nARTICLE XVIII.  CHECKOFF                                       52\n\nARTICLE XIX.  RELOCATION                                       53\n\nARTICLE XX.  UNION SECURITY                                    53\n\nARTICLE XXI.  UNION REPRESENTATION AND STEWARDS                53\n\nARTICLE XXII.  SICK LEAVE, PERSONAL DAYS, LONGEVITY DAY        56\n\nARTICLE XXIII.  SHIFT DIFFERENTIAL                             58\n\nARTICLE XXIV.  REPORTING AND CALL-IN PAY                       58\n\nARTICLE XXV.  SAFETY AND HEALTH                                59\n\nARTICLE XXVI.  WASH UP TIME AND REST PERIODS                   63\n\nARTICLE XXVII.  TUITION REFUND PLAN                            63\n\nARTICLE XXVIII.  LOCKOUTS AND STRIKES                          64\n\nARTICLE XXIX.  BIDDING AND POSTING                             65\n\nARTICLE XXX.  CREDIT UNION CHECK-OFF                           69\n\nARTICLE XXXI.  401(k) PLAN (EMPLOYEE SAVINGS AND RETIREMENT\n     PLAN)                                                     69\n\nARTICLE XXXII.  SUCCESSORS AND ASSIGNS                         71\n\nARTICLE XXXIII.  SEVERANCE PAY                                 71\n\nARTICLE XXXIV.  DURATION AND TERMINATION                       72\n\n\n\n                           AGREEMENT\n\n\n     AGREEMENT made this ____ day of April, 1996, effective as of\n\nApril 1, 1996, by and between BARR LABORATORIES, INC., for its\n\nfacilities at 265 Livingston Street, Northvale, New Jersey, 2\n\nQuaker Road, Pomona, New York and 246 Pegasus Avenue, Northvale,\n\nNew Jersey; 232 Pegasus Avenue, Northvale, New Jersey and 267\n\nLivingston Street, Northvale, New Jersey (hereinafter\n\ncollectively referred to as the \"Employer\") and OIL, CHEMICAL AND\n\nATOMIC WORKERS INTERNATIONAL UNION, LOCAL 8-149, AFL-CIO\n\n(hereinafter referred to as the \"Union\").\n\n\n\n     WHEREAS, both parties having accepted the principle of\n\ncollective bargaining as a means of establishing wages, hours and\n\nworking conditions of the covered employees and being desirous of\n\ncontinuing to do so for the purpose of fostering relations of\n\nmutual interest, and\n\n\n\n     WHEREAS, it is the purpose and intent of the parties to\n\npromote sound and peaceful labor relations,\n\n\n\n                          WITNESSETH:\n\n\n     NOW, THEREFORE, in consideration of the mutual covenants and\n\nagreements hereinafter set forth, the parties do hereby agree as\n\nfollows:\n\n\n\nI.     UNION RECOGNITION\n\n1.          The Company recognizes the Union as the sole\n\ncollective bargaining agent for purposes of collective bargaining\n\nwith respect to rates of pay, wages, hours and other terms and\n\nconditions of employment for all its full-time and regular part-\n\ntime employees employed by the Company at its facilities\n\npresently located at 265 Livingston Street, Northvale, New\n\nJersey, 2 Quaker \n\n1\n\nRoad, Pomona, New York, 246 Pegasus Avenue,\n\nNorthvale, New Jersey, 232 Pegasus Avenue, Northvale, New Jersey\n\nand 267 Livingston Street, Northvale, New Jersey; excluding\n\noffice clerical employees, professional employees, maintenance\n\ntrade and engineering employees, laboratory employees, Food\n\nService employees, Groundskeeping employees, and guards and\n\nsupervisors as defined in the National Labor Relations Act.\n\n\n\n     However, it is agreed that all new hires for helper and any\n\nadditional craftsman beyond the current three (3) slots in plant\n\nmaintenance will be represented by the Union.\n\n\n\nII.    MANAGEMENT RIGHTS\n\n1.          The Company has, retains and shall possess and\n\nexercise all rights and functions, powers, privileges and\n\nauthority not specifically and expressly contracted away or\n\nlimited by the terms of this Agreement.\n\n\n\n2.          As illustrative of the rights the Company possesses\n\nand retains, but in no way to be construed as a limitation, the\n\nCompany shall have the exclusive right to:  manage all of the\n\nCompany's operations and its business affairs; direct the work\n\nforce; determine production methods and procedures; assign work,\n\nevaluate jobs and the performance of jobs for pay purposes and to\n\nreevaluate them; decide the methods, means and processes of\n\nmanufacture, type of machinery and equipment to be used, the\n\nnumber and classifications of employees to be used in the various\n\naspects of the Company's operations or for particular\n\nassignments, types and quantity of business to be scheduled for\n\nproduction, quality of material, and the standards of efficiency\n\nand quality of workmanship required; decide selling prices and\n\nproducts, methods of selling and distributing products; determine\n\nthe location of the business and to relocate any part or all of\n\nthe Company's operations; discontinue operations in whole or in\n\npart; allocate and transfer production; introduce new \n\n2\n\nor improved methods or facilities, or to change existing manufacturing\n\npractices, decide methods and facilities, maintain order and\n\nefficiency; the right to hire, promote, demote, transfer,\n\nsuspend, discharge, or otherwise discipline employees; determine\n\nthe size and composition of the work force and relieve employees\n\nfrom duty because of lack of work or other reasons; determine the\n\nhours of work and schedule hours and determine overtime;\n\nestablish, adjust and revise job classifications, hourly rates,\n\nestablish rules pertaining to the operation of the plant and\n\ndiscipline employees for violation of such rules; determine an\n\nemployee's qualifications to perform work in any particular\n\nposition and to reassess and upgrade qualification standards for\n\nemployees, including incumbents, in particular positions whenever\n\nand to whatever extent deemed by the Company to best serve the\n\nCompany's overall interests in ensuring regulatory compliance and\n\nproduct quality and integrity and maximizing productivity,\n\nefficiency and safety; perform scientific and engineering\n\nstudies; to contract out or subcontract work; establish or\n\ndiscontinue extra shifts, except as expressly amended or changed\n\nas hereinafter set out; to enforce procedures designed to ensure\n\nthat employees do not report for work or perform work under the\n\ninfluence of drugs, alcohol or other substances that may or do\n\nimpair or reduce mental acuity, motor coordination, and\/or other\n\nperformance capabilities that could affect regulatory compliance,\n\nproduct quality and integrity, or safety; to make and implement\n\nunilaterally any decisions that in the opinion of management are\n\nrequired to ensure regulatory compliance, product quality and\n\nintegrity, and the safe operation of Company facilities; and to\n\nimplement measures deemed necessary by Company management to\n\nmaximize productivity and efficiency.  The enumeration of\n\nspecific rights in this Section shall not be construed as\n\nsupporting a negative implication that other rights of the\n\nCompany have been waived or compromised in any way.  Nor shall\n\nthe enumeration of such rights be construed as expanding or\n\ncontracting in any way the Union's right, to the extent otherwise\n\nsecured by applicable precedents under the National Labor\n\nRelations Act as amended, to demand that the Company engage in\n\ncollective bargaining over the effects of the \n\n3\n\nexercise of such rights on the wages, terms and conditions of employment and\n\nemployment security of employees covered by this Agreement.\n\n\n\n3.          Furthermore, the Company retains the right to take\n\nwhatever steps it deems necessary to meet and comply with all\n\nFederal, state or local regulations including but not limited to\n\nthose promulgated by DEA, FDA and any regulatory agency.\n\n\n\n4.          Within the limits prescribed in Article XII,\n\nSection 4 of this Agreement, Management has the right to use\n\nsupervisors and other non-bargaining unit personnel to perform\n\nunit work.\n\n\n\n5.          With respect to any rights heretofore exercised by or\n\ninherent in the Company and not expressly limited by the terms of\n\nthis Agreement, and with respect to any rights retained by or\n\nconferred upon the Company in the terms of this Agreement, any\n\nfailure by the Company to exercise such rights, or the exercise\n\nof such rights by the Company in a particular manner, shall not\n\nbe construed to be a waiver of or limitation on any such right, a\n\nwaiver of or limitation on the right to exercise any such right,\n\nor a waiver of or limitation on the right to exercise any such\n\nright, or a waiver of or limitation on the right to exercise any\n\nsuch right in a different manner.  Nor shall enumeration of\n\nrights reserved to the Company in this Agreement be construed as,\n\nor considered as evidence of, an implied limitation on or\n\npreclusion of any Company rights not so enumerated.\n\n\n\nIII.   UNION ACTIVITIES\n\n1.          There shall be no grievance investigated, presented,\n\ndiscussed, processed or handled during working hours without the\n\nVice President Human Resources or the Manager Human Resources\n\nfirst being notified and her permission to do so obtained, nor\n\nshall the investigation, presentation, discussion, processing or\n\nhandling of grievances interfere in any way with the normal \n\n4\n\nand efficient conduct of the Company's operations.  In the case of\n\nDepartmental Stewards, however, this Section shall be deemed to\n\nhave been complied with in cases where such Stewards find it\n\nnecessary to be excused from their regular work responsibilities\n\nfor brief periods of time for such purposes if notice is provided\n\nand permission obtained in advance from the Steward's Plant\n\nManager.\n\n\n\n2.          An authorized agent of the Union shall be permitted\n\nto visit the plant during working hours, after first notifying\n\nthe Vice President Human Resources or her designee, for the\n\npurpose of investigating and settling grievances and insuring the\n\nproper administration of the contract; provided, however, that\n\nsaid representative shall conduct his business in such manner so\n\nas not to interfere with the normal and efficient conduct of the\n\nCompany's operations.  The Union shall keep the Company currently\n\nadvised, in writing, of the officer or representative of the\n\nUnion who is authorized to deal with the Company, and no one\n\nshall be deemed such a representative unless he is so designated\n\nby the Union to the Company.\n\n\n\nIV.    HOURS\n\n1.          The standard work week shall be five (5) consecutive\n\ndays, forty (40) hours per week; eight (8) hours per day, from\n\n12:01 a.m. Monday to 12:00 p.m. the following Sunday, exclusive\n\nof lunch.  The standard work day shall consist of eight and one-\n\nhalf (8-1\/2) consecutive hours with a one-half (1\/2) hour unpaid\n\nlunch break between the hours of 7:00 a.m. and 5:00 p.m.\n\nHowever, the Company retains sole and unrestricted discretion to\n\nchange work schedules for employees in any part or all of its\n\noperations to best serve the Company's overall interests in\n\nensuring regulatory compliance and product quality and integrity,\n\nand maximizing productivity, efficiency and safety.  The Union\n\nand employees affected by such a change will be provided notice\n\nat least two (2) weeks in advance of implementation of the\n\nchange.  Shifts may be established or discontinued in the \n\n5\n\nsole and unrestricted discretion of the Employer on notice to the\n\nUnion and the affected employees of thirty (30) calendar days\n\nwhenever reasonably practicable, but in any event not less than\n\nfourteen (14) calendar days.  Whenever a shift change is\n\nimplemented for less than all of the employees in a department,\n\nthe Company shall first seek to obtain enough employees to staff\n\nthe new shift by asking for volunteers from among the employees\n\nin the department.  In the event there are more volunteers than\n\nopenings, employees shall be selected on the basis of their\n\nseniority.  In the event an insufficient number of volunteers\n\ncome forth, the Company may have the work done by nonbargaining\n\nunit employees for up to two (2) months, hire for such positions\n\nfrom outside the bargaining unit, and\/or require additional\n\nemployees, in reverse order of seniority, to either work the new\n\nshift or go onto layoff status.\n\n\n\n     The Employer may implement a Tuesday through Saturday\n\nworkweek or Wednesday through Sunday workweek provided the\n\nfollowing criteria are met:\n\n\n\n          (a)       Employees assigned to work Tuesday through Saturday or\n\n     Wednesday through Sunday workweeks must work a five (5)\n\n     consecutive day week.\n\n\n\n          (b)       The Company shall first seek to obtain employees for\n\n     such workweeks by asking for volunteers.  If more volunteers come\n\n     forward than there are openings, employees shall be selected on\n\n     the basis of their seniority.  If an insufficient number of\n\n     volunteers come forth, the Company may have the work done by\n\n     nonbargaining unit employees for up to two (2) months, hire for\n\n     such positions from outside the bargaining unit, and\/or require\n\n     additional employees, in reverse order of seniority, to either\n\n     work the new workweek or go onto layoff status.\n\n6\n\n\n          (c)       Those employees hired for the Tuesday through Saturday\n\n     or Wednesday through Sunday workweek shall have a right to bid\n\n     into openings occurring less than one hundred and eighty (180)\n\n     days after their initial hire date the Monday through Friday\n\n     workweek, except as otherwise provided in Article V, Section 7.\n\n\n\n          (d)       The Employer agrees to preserve a three day weekend\n\n     during holiday weeks.\n\n\n\nEmployees assigned to work Tuesday through Saturday or Wednesday\n\nthrough Sunday workweeks pursuant to the terms of this Section\n\nand who by virtue of such assignment work on Saturday or Sunday,\n\nshall receive premium pay in the amount of eighty-five cents\n\n($0.85) per hour for each hour worked on such days.  Except as\n\nprovided in Article XXIV, nothing in this Agreement shall be\n\nconstrued as obligating the Company to provide any minimum hours\n\nof work per day, per week, per month or per year.\n\n\n\n2.          The Employer has sole and unrestricted discretion to\n\nestablish a ten (10) hours per day shift, exclusive of the thirty\n\n(30) minute unpaid lunch period, at the straight-time wage rate.\n\nFor employees assigned to work such a shift, except as otherwise\n\nprovided below, forty (40) hours per week shall constitute a\n\nweek's work.  If a ten hour work day as hereinbefore described is\n\nimplemented, the Employer shall schedule employees assigned to\n\nwork such shifts in such a manner as to make all straight-time\n\nwork days after the first one in each work week follow each other\n\nconsecutively.  The Employer shall have the right to schedule\n\nsuch four day work weeks to begin on Monday, Tuesday or Wednesday\n\nin the same manner and subject to the same conditions (except for\n\nthe five (5) consecutive day week requirement) as would apply\n\nunder Section 1 of this Article to the \n\n7\n\nassignment of employees to work five (5) day work weeks beginning \n\non those days.  The Employer shall also have the option to schedule \n\ntwo crews to work a ten (10) hour work days in such a manner as to \n\nprovide employee coverage in the department on each of the seven (7) \n\ndays of the workweek, provided however that in such event employees in \n\neach crew shall be scheduled to work eight (8) consecutive days, with\n\nthe first and last of the eight (8) days being on Thursday and\n\nwith both crews overlapping for the full ten (10) hour shift on\n\nThursday.  The Employer will provide notice to the Union and\n\naffected employees at least two (2) weeks before commencement of\n\nany of the special shifts provided for in this Section.\n\nEmployees working ten-hour days shall be entitled to an\n\nadditional rest period of fifteen (15) minutes after working\n\neight (8) hours.  Employees who are assigned to work special\n\nshifts pursuant to this Section shall be entitled to take the\n\nHolidays specified in Article XV, Section 2 of this Agreement off\n\nwithout loss of pay or, if required to work on a Holiday, shall\n\nbe compensated at a rate equal to two and one-half times the rate\n\nthey would have been paid had the work been performed on a normal\n\nworkday.  Employees assigned to work special shifts under this\n\nSection whose workweek does not encompass a Holiday shall receive\n\nan additional eight (8) hours straight-time pay for that\n\nworkweek.  Employees scheduled to work hours on Saturday or\n\nSunday pursuant to this Section shall be paid a premium of eighty-\n\nfive cents ($0.85) per hour for all such weekend hours worked.\n\n\n\n3.          OVERTIME:  Employees shall be paid overtime premium\n\npay for all hours worked over eight (8) hours in any one day\n\n(except as otherwise provided above in Section 2 of this\n\nArticle), or forty (40) paid hours in any one work week and for\n\nany time worked on scheduled holidays enumerated in Article XV.\n\nEmployees who fail to work any portion of the straight time work\n\nfor which they are scheduled in a given work week will not be\n\nentitled to premium pay for overtime in that week, except to the\n\nextent that their total hours worked in that week exceed forty\n\n8\n\n(40) hours, unless the employee's failure to work such straight\n\ntime is due to serious illness or serious injury, or the\n\nemployee's being on jury duty, vacation, paid sick leave, or\n\nbereavement leave; and Saturday and Sunday overtime shall be paid\n\non the same basis.  Except as otherwise provided in this Article,\n\novertime hours worked on Sundays shall be compensated at a rate\n\nequal to twice the employee's base wage rate.  Only time actually\n\npaid shall be included in computing overtime.  Any time worked\n\nwhen once included in computing overtime under any applicable\n\nprovision of this Agreement shall not thereafter be included in\n\ncomputing overtime under any other applicable provisions hereof.\n\nIn no event, shall there be any duplication or pyramiding of any\n\novertime or premium pay, whether for Sundays, holidays or\n\novertime purposes or otherwise.\n\n\n\n     The Company shall have discretion to determine which job\n\nclassification(s) will be needed to perform available overtime\n\nwork.  Overtime shall first be offered to qualified employees\n\nwithin the job classification within the department in which the\n\novertime is available.  Such opportunities shall be equally\n\ndivided among the employees in the department in the same job\n\nclassification and assigned to work in the same building.  For\n\npurposes of equalization, an opportunity offered and refused\n\nshall be counted as overtime worked.  If an insufficient number\n\nof employees within the department and currently assigned to the\n\nclassification that the Company has designated to work overtime\n\nare available for such work, the Company may fill the overtime\n\nwith qualified volunteers from outside the department on the\n\nbasis of seniority (in which case the Company shall offer the\n\novertime to employees then assigned to work in the classification\n\nthat the Company has designated to work the overtime and working\n\nin the location (Northvale or Pomona) where the overtime is to be\n\nworked, then to employees assigned to work in such classification\n\nat any other Company facilities covered by this Agreement, and\n\nthen to any other qualified employees assigned to work at any\n\nsuch facilities), and\/or by drafting employees from within the\n\nbuilding and department in reverse order of seniority.  \n\n9\n\nIn any situations in which overtime work is of such a nature as to\n\nrequire the employee performing it to have any special skills or\n\nexperience, the Company has sole and unrestricted discretion to\n\nassign overtime work to the employee or employees who, in the\n\nCompany's judgment, is or are best suited to carry out the\n\nassignment competently, efficiently and safely.  To the extent\n\novertime assignments do not, in the judgement of the Company,\n\nrequire employees of special skill and\/or experience, however,\n\nthe Company shall be required to distribute such assignments\n\nevenly among employees in the department; and any time worked by\n\nan employee in an overtime assignment made on the basis of\n\nspecial skills or experience shall be credited to that employee\n\nfor overtime equalization purposes, as would any other overtime\n\nworked.  The Union shall be informed of all special overtime\n\nassignments made on the basis of special skills or experience on\n\nat least a weekly basis.  It is understood that the Company shall\n\nnot be required to create unnecessary overtime for any purpose.\n\n\n\n4.          When an employee is requested by the Company to work\n\noutside of or beyond his regular hours, he shall be expected to\n\ndo so, unless the Company determines that extraordinary hardship\n\nwould result by requiring the employee to work such an overtime\n\nassignment.  However, under no circumstances will notice for\n\nmandatory overtime be given less than four (4) hours before such\n\novertime would begin.  No employee shall be required to work more\n\nthan fourteen (14) hours in any workday or more than fifty-six\n\n(56) hours in any workweek, except as otherwise provided in\n\nSection 2 of this Article.  In the event an employee is required\n\nto work an overtime assignment and has difficulty with working\n\nthe assignment due to a schedule conflict, he shall not be\n\nrequired to work the overtime if he is able to find a qualified\n\nvolunteer to take his place who is acceptable to the supervisor\n\nscheduling the overtime.  In such cases, the employee shall be\n\ncharged with having worked the overtime for the purposes of\n\novertime distribution; and the volunteer who works the overtime\n\nshall not be so charged.\n\n10\n\n\n5.          HOLIDAY WORK:  The Company shall, unless\n\nextraordinary hardship would result, give seven (7) days' notice\n\nof overtime work scheduled on a holiday or during a holiday\n\nweekend (i.e., a weekend preceded or followed by a day designated\n\nas a holiday in Article XV, Section 2 of this Agreement).  The\n\nCompany shall have the right to open the plant for business on\n\nholidays and to expect employees to work on such days.  Except as\n\notherwise provided above in Section 3 of this Article, work\n\nperformed by employees on holidays shall be considered as premium\n\nwork, and such work shall be paid for at time and one-half.\n\n\n\n6.          Hours and pay representing holiday pay, and vacation\n\npay and all other hours of pay representing non-working time will\n\nbe included in figuring overtime for the week and in figuring\n\nstraight time average hourly rates.\n\n\n\n7.          REST PERIODS AND LUNCH PERIODS:  The Company shall\n\nprovide employees with a one-half (1\/2) hour unpaid lunch period\n\nand two (2) rest periods of fifteen (15) minutes duration.  It is\n\nunderstood and agreed that the scheduling of such periods remains\n\nexclusively vested in the Company, and the taking of such periods\n\nshall in no way interfere with the normal and efficient\n\noperations of the plant.\n\n\n\n8.          Notwithstanding any other provision of this\n\nAgreement, the Employer has sole and unrestricted discretion to\n\ndetermine when it is necessary to suspend or shut down some part\n\nor all of its operations because of an Act of God, any\n\ncircumstances beyond the Employer's control, or any emergency\n\nsituation that could compromise product quality or integrity or\n\nendanger the life and safety of an employee or because of\n\nregulatory compliance considerations.   In such cases, employees\n\nwill be compensated in accordance with the terms of Article XXIV\n\nof this Agreement.  In the case of such a suspension or shut-down\n\nin which the Employer requests affected employees to wait in a designated \n\n11\n\narea available for work, the waiting time shall be\n\nconsidered time worked.  If the plant is closed under the\n\ncircumstances specified in this Section, and employees are\n\nscheduled to work the following Saturday, said Saturday work\n\nshall be paid for at time and one-half.\n\n\n\n9.          The provisions of this Article are intended solely to\n\nprovide a basis for determining the number of hours of work for\n\nwhich an employee shall be entitled to be paid at overtime rates,\n\nand shall not be construed as a guarantee to such employee of any\n\nspecified number of hours of work either per day or per week, or\n\nas limiting the right of the Company to fix the number of hours\n\nof work (including overtime) either per day or per week for such\n\nemployee.\n\n\n\n10.         CHECK CASHING:  The Employer will grant each employee\n\nan additional fifteen (15) minutes to their lunch period on check\n\ncashing day.\n\n\n\nV.     PROBATIONARY PERIOD\n\n\n1.          The Company has the right to employ such new\n\nemployees as it deems necessary and qualified to do the work\n\navailable and may hire such persons from any source.  The Company\n\nalso retains the right to refuse to employ any such person in its\n\ndiscretion.\n\n\n\n2.          Generally, there shall be a six (6) month\n\nprobationary period for new employees, which may be extended for\n\nup to an additional one (1) month by mutual agreement between the\n\nCompany and the Union.  New employees hired into the Porter or\n\nSupplier\/Material Handler classifications, however, shall be\n\nrequired to complete a probationary period of ninety (90) days,\n\nwhich may be extended by up to an additional thirty (30) days by\n\nmutual agreement between the Company and the Union.\n\n12\n\n\n3.          The computation of the probationary period shall not\n\ninclude any work time absent from the job for any reason, and\n\nsaid probationary period will automatically be extended for all\n\nsuch work time lost.\n\n\n\n4.          All probationary period employees may be laid off,\n\ndisciplined, discharged or otherwise terminated during their\n\nprobationary period for any reason whatsoever, with or without\n\ncause, and such layoff, discipline, discharge or termination\n\nshall not be subject to the grievance procedure of this\n\nAgreement.  Nothing in this Agreement shall be construed as a\n\nlimitation on this provision in any way.\n\n\n\n5.          After completion of their probationary period,\n\nemployees shall be deemed to be regular employees, and their\n\nseniority shall revert to the date of employment.\n\n\n\n6.          Nothing in this provision shall be considered a\n\nrestriction or limitation upon the training periods established\n\nby the Company for the various job operations or on providing\n\ntraining periods of greater duration than the probationary period\n\nestablished herein.  Such employees shall be notified of the\n\nlength of training period.\n\n\n\n\nVI.    SENIORITY\n\n\n\n1.          Seniority is defined as the total length of\n\ncontinuous service with the Company.\n\n\n\n2.          Each Employee shall accumulate seniority rights after\n\nthe probationary period provided in ARTICLE V has been\n\nsuccessfully completed, and such seniority shall date from the\n\ntime of the employee's most recent date of hire.\n\n13\n\n\n3.          LAYOFF AND RECALL:  The Company shall have the right\n\nto determine when a layoff is necessary, including the right to\n\ndetermine the number of employees to be laid off, the department\n\nin which the layoff will occur, and the duration of such layoffs.\n\nIn the event a layoff becomes necessary, employees will be laid\n\noff in accordance with their seniority.  However, employees to be\n\nlaid off shall be permitted to bump employees with less seniority\n\nin an equivalent or lower rated, unprotected job, where the\n\nCompany determines the bumping employee is qualified and able to\n\nperform the available work, and where the Company determines in\n\nits sole and unrestricted discretion that displacement of the\n\nincumbent by the bumping employee will not materially affect the\n\nCompany's ability to ensure full and undiminished compliance with\n\nregulatory obligations and product quality and integrity.  The\n\nCompany shall have the right to exempt from bumping up to fifty\n\npercent (50%) of the positions in each classification in each\n\ndepartment, except for Porter and Packer positions.  Employees\n\nexercising bumping rights pursuant to this Section shall serve a\n\nprobationary period of six (6) work weeks in the position into\n\nwhich they have bumped, during which period the Company shall\n\nhave the right to determine that continuation of the employee in\n\nthe position is not consistent with the Company's overall\n\ninterests of ensuring regulatory compliance and product quality\n\nand integrity, and maximizing productivity, efficiency and\n\nsafety.  In the event of such a determination, the employee\n\nbumped out of the position shall be recalled and the employee who\n\nbumped into the position may, in the discretion of the Company,\n\neither be laid off or transferred to another position.  In no\n\nevent shall an employee be permitted to bump upward.  An employee\n\nshall be permitted to exercise bumping rights under this Section\n\nonly one (1) time in connection with any layoff affecting the\n\nemployee (unless the employee is bumped by a more senior employee\n\nfrom a position into which he has bumped as a consequence of the\n\nsame layoff, in which case the employee may exercise any\n\nadditional bumping rights he has one (1) additional time); and\n\nthe employee's decision as to whether and how to exercise any\n\nbumping rights available to him, once made and \n\n14\n\ncommunicated to\n\nthe Company, shall be irrevocable.  The Company shall give forty-\n\neight (48) hours advance notice of layoff or equivalent pay in\n\nlieu of notice.  If more than twenty (20) employees are laid off\n\nin any period of twenty-one (21) days or less, employees who are\n\ninvoluntarily put out of work by the layoff(s) shall be given\n\nfive (5) working days notice of their layoff, provided that the\n\nEmployer has determined at the time of the layoff that the\n\nemployee is expected to remain on layoff status for a period of\n\nmore than thirty (30) calendar days.  If an employee is otherwise\n\nentitled to five (5) days notice pursuant to this Section and one\n\nor more paid holidays provided for in Article XV, Section 2 of\n\nthis Agreement falls within the notice period, such paid\n\nholiday(s) shall be deemed a working day(s) for purposes of the\n\nnotice requirement.  The Employer has the option to provide to\n\nany portion of or all employees involuntarily put out of work as\n\na result of a layoff pay in lieu of any notice required by this\n\nSection.  The Employer shall continue to make contributions for\n\nmedical coverage of employees put out of work by a layoff for\n\nninety (90) days after the layoff.  Recall will be in the reverse\n\norder of layoff, and employees recalled from a layoff to the\n\nclassification that they occupied prior to the layoff shall be\n\ncompensated for hours worked at the rate in effect for them in\n\nthe classification immediately prior to the layoff.  Employees\n\noccupying Porter positions on the effective date of this\n\nAgreement shall, during the term of this Agreement and so long as\n\nthey continue to occupy such positions, be protected from layoff\n\nresulting from a decision of the Company to subcontract the\n\nPorter work that would otherwise be done by them.\n\n\n\n4.          TRANSFERS:  The Company shall have the right to\n\ntransfer employees on a temporary basis.  The Company shall\n\nprovide forty-eight (48) hours advance notice of all transfers\n\nbetween shifts.  With respect to transfers involving a relocation\n\nof greater than five (5) miles from an employee's regular\n\nstation, the Company must provide twenty-four (24) hours notice.\n\nA temporary transfer shall be defined as a transfer of an\n\nemployee at the direction of the Company that is intended \n\n15\n\nby the Company at the time it is made to continue for no more than sixty\n\n(60), in the case of an employee's transfer to a different shift\n\nand\/or to a different location (i.e., Pomona or Northvale), or in\n\nthe case of an employee's temporary reassignment to a different\n\njob on the same shift and in the same location as his regular\n\nassignment, for no more than ninety (90) consecutive calendar\n\ndays.  Provided, however, the Company shall have the right to\n\nextend any temporary transfer for up to an additional sixty (60)\n\ndays if the Company and the Union mutually agree.  The Union\n\nshall, however, not refuse to agree to any extension of a\n\ntemporary transfer in any case in which failure to extend the\n\ntransfer would result in a substantial disruption of production\n\nor compromise in any way the Company's ability to ensure\n\nregulatory compliance.  No employee shall suffer a reduction of\n\npay as the result of temporary transfer, except that employees\n\nwho are temporarily transferred between shifts to facilitate the\n\nexercise of bumping rights in the wake of a layoff shall not be\n\nentitled to continue receiving any shift differential applicable\n\nto the shift from which they transferred during the period of the\n\ntemporary transfer.  Employees transferred to a higher rate job\n\nshall receive that rate for all time spent in that job.  All\n\ntransfers shall be at the Company's sole and unrestricted\n\ndiscretion and may be without regard to seniority.\n\nNotwithstanding any other provision in this Agreement, the\n\nCompany shall have the right, on the basis of its sole and\n\nunrestricted discretion, to move the physical location of any\n\npart of its operations to another situs.  Packers selected for\n\ntemporary transfers to the Cephalexin area at the Company's\n\nPomona, New York facility shall be selected in reverse order of\n\nseniority.\n\n\n\n5.          Seniority rights and employment shall be terminated\n\nif an employee:\n\n\n\n          (a)       Is discharged for cause.\n\n16\n\n\n          (b)       Voluntarily quits.\n\n\n\n          (c)       Has less than two (2) years of seniority and is laid\n\n     off on or after the effective date of this Agreement for a period\n\n     of six (6) consecutive calendar months or more.\n\n\n\n          (d)  Has two (2) to five (5) years of seniority and is\n\n     laid off on or after the effective date of this Agreement\n\n     for a period of more than twelve (12) consecutive calendar\n\n     months.\n\n\n\n          (e)  Has more than five (5) years seniority and is\n\n     laid off on or after the effective date of this\n\n     Agreement for a period of more than eighteen (18)\n\n     consecutive calendar months.\n\n\n\n          (f)  Fails to return to work within five (5)\n\n     calendar days after recall from layoff.\n\n\n\n          (g)  Fails to return to work immediately after the\n\n     expiration of a leave of absence.\n\n\n\n          (h)  Accepts other employment while on a leave of\n\n     absence, or misrepresents the purpose for which a leave\n\n     of absence was granted.\n\n\n\n          (i)  Transfers out of the bargaining unit.\n\n17\n\n\n          (j)  Absent for three (3) days without notifying\n\n     the Company unless the employee can demonstrate by\n\n     clear and convincing evidence that he was unable to do\n\n     so due to circumstances beyond his control.\n\n\n\n          (k)  Retires.\n\n\n\n          (l)  Accepts severance pay provided by the Company\n\n     pursuant to Article XXXIII of this Agreement.\n\n\n\n\n\n6.          In order to insure the proper administration of this\n\nArticle, the Company agrees to submit an up-to-date seniority\n\nlist to the Union and the Chief Steward four (4) times a year on\n\na quarterly basis.  The Company also agrees to post the list in\n\nthe plant.\n\n\n\n7.          For purposes of any layoff pursuant to Section 3 of\n\nthis Article, the Chief Steward shall be deemed senior to all\n\nother employees in the bargaining unit.\n\n\n\nVII.   DISCHARGE AND DISCIPLINE\n\n1.          The Company shall have the right at any time to\n\ndischarge or discipline any employee for good cause.  No\n\ndisciplinary action may be taken, however, unless the employee is\n\nprovided notice of the disciplinary action within ten (10) work\n\ndays after the Company learns of the conduct on which the\n\ndisciplinary action is based.\n\n\n\n2.          In the event of discharge or other disciplinary\n\naction taken against a non-probationary employee, the Company\n\nwill promptly furnish the affected employee with a written\n\n18\n\nstatement specifying the reason for the discharge or other\n\ndisciplinary action.  Such action on the part of the Company\n\nshall be subject to the Grievance Procedure specified in Article\n\nXIII of this Agreement (beginning with Step 3 of Section 3\n\nthereof), provided that a grievance is filed in writing with the\n\nCompany within ten (10) work days of receipt by the employee of\n\nthe written statement specifying the reason for discharge or\n\nother disciplinary action.  Failure to file such grievance within\n\nten (10) work days shall bar its consideration under any\n\nprovisions of this Agreement.\n\n\n\n3.          A disciplinary memorandum shall not be taken into\n\naccount for purposes of determining eligibility for job bids or\n\nthe appropriate level of discipline for multiple violations in\n\nthe same category under the Company's progressive discipline\n\npolicy more than twelve (12) months after the issuance of the\n\nmemorandum.\n\n\n\n4.          The Department Steward, if available, shall be\n\ninvited to attend any meeting in which an employee in the\n\nSteward's department is to be informed of any decision to\n\ndiscipline or discharge the employee.\n\n\n\nVIII.       UNION BULLETIN BOARDS\n\n     The Union shall have the exclusive use of one bulletin board\n\nto be provided by the Company, upon which the Union may post\n\nnotices of the following types:\n\n\n\n          (a)       Notices of Union elections involving the Company's\n     employees.\n\n          (b)       Notices of the results of such elections.\n\n          (c)       Notices of Union appointments affecting the Company's\n     employees.\n\n          (d)       Notices of meetings and activities pertaining to the\n     Company's employees; and\n\n          (e)       Job vacancies and bids.\n\n19\n\n     The Union shall not post Union materials on Company premises\n\nother than on the designated Union bulletin boards.\n\n\n\nIX.    LEAVES OF ABSENCE\n\n1.          For the purpose of this Agreement, a leave of absence\n\nis defined as a limited and specified period of time officially\n\ngranted to an employee by the Company to absent himself from his\n\njob duties for sick leave, family leave, or personal leave as\n\nhereinafter defined, which time off shall be taken without pay\n\nand subject to all conditions herein.\n\n\n\n2.          MATERNITY LEAVE OF ABSENCE:  A leave of absence for\n\nreasons of maternity shall be granted employees upon\n\ncertification from a doctor that the employee is unable to\n\nperform her regular job functions, and said leave shall continue\n\nin effect until such time that a certification from a doctor is\n\npresented stating the employee is physically able to perform the\n\nregular functions of her job.  An employee who has been employed\n\nby the Company for at least twelve (12) months and who has worked\n\nat least one thousand (1,000) hours during the immediately\n\npreceding twelve (12) month period shall be entitled to a\n\npersonal leave of absence of up to six (6) months to care for his\n\nor her newborn baby or newly adopted infant, after completion of\n\nany prebirth medical disability leave (in the case of an employee\n\nwho is the child's mother).\n\n\n\n3.          SICK LEAVE OF ABSENCE:  An employee who has been\n\nemployed by the Company for at least twelve (12) months and who\n\nhas worked at least one thousand (1,000) hours during the\n\nimmediately preceding twelve (12) months may be granted, upon\n\ntimely application, a leave of absence without pay for a period\n\nnot to exceed twelve (12) consecutive months if the employee\n\nsuffers from a serious health condition.  The Company may, in its\n\nsole and unrestricted discretion, require that any period of\n\nleave pursuant to this Section be supported by certification\n\n20\n\nissued by a duly licensed health care provider which shall state,\n\nat a minimum: (a) the date on which the serious health condition\n\ncommenced; (b) the probable duration of the condition; and the\n\nmedical facts within the provider's knowledge regarding the\n\ncondition.  The Company may, in its sole and unrestricted\n\ndiscretion and at its own expense, require that the employee\n\nobtain an opinion regarding the serious health condition from a\n\nlicensed health care provider designated or approved by the\n\nCompany.  An employee who fails to report to work immediately on\n\nthe date set for the expiration of his or her leave shall be\n\nconsidered to have abandoned his or her employment unless the\n\nCompany receives a certificate from a licensed health care\n\nprovider, prior to expiration of such leave, that the employee is\n\nstill unable to perform his\/her regular job functions.\n\n\n\n4.          PERSONAL LEAVE OF ABSENCE:  Upon written application\n\nfrom an employee for a personal leave of absence, the Company, in\n\nits exclusive discretion, may grant a written leave of absence\n\nwithout pay where good cause is shown, for a maximum period of\n\nsix (6) months.  An employee who has been employed by the Company\n\nfor at least twelve (12) months, who has worked at least one\n\nthousand (1,000) hours during the immediately preceding twelve\n\n(12) months, and whose parent, spouse or child is suffering from\n\na serious health condition shall be entitled to unpaid leave, if\n\ntimely requested, of up to twelve (12) weeks in any twelve (12)\n\nmonth period to care for such parent, spouse or child.\n\nPermission for leave requested pursuant to this Section shall not\n\nbe unreasonably withheld.  No employee has the absolute right to\n\nreturn to work prior to the expiration of his leave unless he\n\nnotifies the Company, in writing, at least five (5) working days\n\nprior to the intended date for return to work; and the Company,\n\nin its sole discretion, determines that the employee's early\n\nreturn as proposed will best serve the Company's overall interest\n\nin ensuring regulatory compliance and product quality and\n\nintegrity, and maximizing productivity, efficiency and safety.\n\nThe leave of absence for personal reasons may be extended by\n\nmutual agreement of the \n\n21\n\nparties.  An employee who fails to report\n\nto work immediately on the date set for the expiration of his\n\nleave shall be considered as having voluntarily quit, unless a\n\nreasonable excuse is given as determined by the Company.\n\n\n\n5.          The employee who returns from an authorized leave of\n\nabsence and is capable of properly and adequately performing his\n\njob without significant additional training, will be reinstated\n\nin the job he held at the time his leave commenced if that\n\nposition is vacant and the Company's production needs are such as\n\nto make filling the position at that time desirable.  If a\n\nreturning employee's prior position is not vacant or filling the\n\nposition at that time is deemed by the Company to be not\n\ndesirable, he will be allowed to exercise \"bumping\" rights unless\n\nthe Company determines that the employee's exercise of such\n\nrights would significantly impair the interests of ensuring\n\nregulatory compliance and product quality and integrity, and\n\nmaximizing safety.  In such case, the employee shall be placed on\n\nlayoff status until such time as his prior position becomes\n\nvacant and production needs make filling the position desirable,\n\nor the Company determines that the employee's exercise of\n\n\"bumping rights\" will not significantly impair the aforementioned\n\ninterests.\n\n\n\n6.          An employee who accepts employment elsewhere during\n\nany leave of absence taken pursuant to the terms of this Article\n\nwill be considered as having voluntarily quit, unless previously\n\nauthorized.\n\n\n\n7.          Employees will accumulate seniority while on an\n\napproved leave of absence pursuant to this Article.  Employees on\n\nleave granted pursuant to this Article will not, however, receive\n\ncredit as time worked for purposes of accrual of or entitlement\n\nto any benefits except as otherwise provided in Article XV,\n\nSection 1(a) and Article XVII, Section 3.\n\n22\n\n\n     SECTION 8.  Any leave requested and taken by an employee\n\npursuant to the terms of this Article shall be charged against\n\nthe employee's eligibility for leave under the Family and Medical\n\nLeave Act to the extent consistent with the terms of said Act.\n\n\n\nX.     BEREAVEMENT\n\n\n1.          When death occurs in an employee's immediate family,\n\nwhich shall mean father, mother, husband, wife, son or daughter,\n\nthe employee shall be entitled, on notification to the Company,\n\nto take the five (5) work days immediately following the\n\nemployee's learning of such death with pay for bereavement leave.\n\nIn the case of the death of the brother, sister, mother-in-law,\n\nfather-in-law, grandchildren or grandparents of an employee who\n\nhas completed his probationary period, the employee on request\n\nwill be excused for three (3) consecutive working days with pay\n\nto grieve.  The Company will not unreasonably withhold its\n\nconsent to reasonable extensions on bereavement leave as\n\ncircumstances warrant, but employees to whom such extensions are\n\ngranted shall not be entitled to pay during the period of such\n\nextended leave.\n\n\n\n2.          Reasonable evidence of the death and relationship may\n\nbe required by the Company supporting the claim for such time off\n\nfrom work.\n\n\n\nXI.    JURY DUTY\n\n     Full-time employees who are called for jury duty shall be\n\ngranted the necessary time off for such purpose.  The Company\n\nwill pay the employee the greater of the employee's daily wages\n\n(to be computed on the same basis as holiday pay) or forty\n\ndollars ($40.00) per day for the first three (3) days of jury\n\nservice. In the case of any employee required to serve on jury\n\nduty for more than three (3) days, the Company will pay such\n\nemployee for such additional service the difference, if any,\n\nbetween the employee's daily earnings (to be computed the same as\n\nholiday pay) and the monies paid \n\n23\n\nto such employee by the\n\nauthorized governmental agency, provided that such additional\n\njury duty is not the result of a voluntary act by the employee.\n\nAt the request of the Company, the employee shall present\n\nevidence of jury duty and receipt of compensation.  The employee\n\nmust notify the plant manager immediately upon receipt of summons\n\nfor jury service in order to qualify for jury duty leave.\n\n\n\nXII.   GENERAL\n\n1.          The Company and the Union agree that they will not\n\ndiscriminate against an employee by reason of race, color, creed,\n\nage, sex, sexual preference, physical or mental disability,\n\nnational origin, membership or non-membership in the Union.\n\n\n\n2.          Nothing in this Agreement shall be construed as\n\nconstituting an agreement that any work is or may become the\n\nexclusive right of any employee or classification of employees.\n\nThe Company retains the sole and unrestricted discretion to\n\ndirect employees, on a temporary basis, to perform work not\n\nwithin the job description of the position that they normally\n\noccupy whenever the Company determines that the interests of\n\nensuring regulatory compliance and product quality and integrity,\n\nand maximizing productivity, efficiency or safety will best be\n\nserved by doing so.  This clause shall not contravene the\n\nseniority and overtime provisions.\n\n\n\n3.          All provisions of this Agreement are assumed to be in\n\nconformity with the applicable laws of the States of New Jersey\n\nand New York and the United States.  If any provisions are later\n\nproven to be contrary to any applicable law existing at this time\n\nor subsequently enacted, such provision shall then be considered\n\nvoid, and the invalidity or unenforceability of such provision\n\nshall have no effect on the remaining provisions of the\n\nAgreement.\n\n24\n\n\n4.          The Company has the right to use supervisors and\n\nother non-bargaining unit personnel to perform bargaining unit\n\nwork to whatever extent and for whatever duration management\n\ndeems best serves the Company's overall interests in ensuring\n\nregulatory compliance and product quality and integrity, and\n\nmaximizing safety.  Supervisors also may, in the interests of\n\nefficiency and orderly production, fill in or work on a\n\nparticular job as dictated by the necessities of the operation.\n\nHowever, if an employee within the bargaining unit leaves the\n\nemploy of the Company, he will not be replaced with a supervisory\n\nemployee provided the position is still available.  Likewise, if\n\nthere are overtime opportunities, supervisory employees shall not\n\nreplace bargaining unit employees; but this proscription shall\n\nnot preclude qualified supervisors from doing up to two (2) hours\n\nof unit work if there are no qualified bargaining unit employees\n\nin the plant and available to do the work at the time.  Some\n\nexamples of supervisors working are:\n\n\n\n          (a)       Emergencies occurring during scheduled working days\n\n     when an operation is not fully manned.\n\n\n\n          (b)       Instructing or training of employees, including self-\n     training.\n\n          (c)       Performing experimental work involving new products,\n\n     new equipment, new methods or new materials.\n\n\n\n          (d)       Making minor adjustments and set up.\n\n\n          (e)       Providing for the continuance of the work flow.\n\n\n          (f)       Product validation or other nonproduction scientific work.\n\n\nIt is agreed that the Company shall not exercise its rights under\n\nthis Section in such a way as to reduce systematically the number\n\nof bargaining unit positions.\n\n25\n\n\n5.          The Company shall be responsible for instituting\n\nformal training procedures in all job classifications.  Training\n\nshall be performed by such personnel as the Company deems, in its\n\nsole and unrestricted discretion, best suited to effective and\n\nefficient performance of the training function.  Employees\n\nassigned to perform such training functions shall be compensated\n\nat a rate one dollar and fifty cents ($1.50) above their normal\n\nrate during the period of such assignment.  A training guide\n\nshall be developed covering the skills and responsibilities which\n\nemployees in each type of work shall be taught.  Employees may be\n\ndirected to participate in cross-training exercises to ensure the\n\navailability of adequate personnel with the appropriate skill mix\n\nto deal with emergency or peak load situations, or to best serve\n\nthe Company's overall interests in ensuring regulatory compliance\n\nand product quality and integrity, and maximizing productivity,\n\nefficiency and safety.  The determination of the departments in\n\nwhich cross-training will be done and the number of employees in\n\nsuch departments to be given cross-training is a matter committed\n\nto the sole and unrestricted discretion of the Company.  If less\n\nthan all employees in a job classification within a department\n\nare to be assigned to participate in cross-training exercises,\n\nemployees shall be selected for such exercises on the basis of\n\nseniority.  Employees temporarily assigned to positions, other\n\nthan the ones they normally occupy, for cross-training purposes\n\nshall not be deemed to have transferred into such positions.  The\n\nCompany will inform the Union at least two (2) weeks prior to\n\nimplementation of its plans, and any modifications thereof, for\n\ncross-training in any department with bargaining unit employees\n\nwho will be involved in the cross-training program.  All\n\nemployees who participate in training, whether as trainers or\n\ntrainees, shall be required to certify on documentation provided\n\nby the Company that such training has been completed.  However,\n\nit is understood that an employee's signature as required by the\n\npreceding sentence does not necessarily signify that the \n\n26\n\nemployee certifies or believes that the content of the training was\n\nsufficient to qualify the employee receiving the training to\n\nperform work of the sort that was the subject of the training.\n\n\n\n6.          MANAGEMENT TRAINEES:  Whereas it is the expressed\n\nintent of the Company to train, educate and familiarize\n\nsupervisors and managers with the Company's total operation,\n\nincluding each phase of the operation, department by department,\n\nthe Company shall have the right to have management trainees work\n\non any or all jobs, including production jobs included in the\n\nbargaining unit, with the following limitations:\n\n\n\n          (a)       Management trainees shall not be included in the\n\n     bargaining unit and shall not be required to join the Union.\n\n\n\n          (b)       Management trainees shall not exceed fifteen\n\n     percent (15%) or ten (10) employees, whichever is the\n\n     lesser, of the total number of bargaining unit employees at\n\n     any given time (i.e., if there are forty (40) bargaining\n\n     unit employees, there shall not be more than six (6)\n\n     management trainees).  The Company will notify the Union of\n\n     its decision to employ management trainees pursuant to this\n\n     Section on or before the commencement date of the employment\n\n     of any such employees.\n\n\n\n          (c)       A management trainee shall not perform bargaining\n\n     unit work for a period in excess of fifteen (15) months on\n\n     an over-all basis, and not more than four (4) consecutive\n\n     months in any one department.\n\n\n\n          (d)       Although the company identifies with and\n\n     subscribes to the policy of promotion from within, and\n\n     may select employees from the bargaining unit to become\n\n     management trainees, it is understood that it is within\n\n     the Company's sole and \n     \n27\n\n     unrestricted discretion to\n\n     determine and select employees to become management\n\n     trainees and may make such selection from any outside\n\n     source.\n\n\n\n          (e)  It is not the intent of the Company to\n\n     substitute management trainees for bargaining unit\n\n     employees in the performance of bargaining unit work.\n\n\n\n          (f)  The Union shall be entitled to meet with the\n\n     Company every six (6) months to review the Management\n\n     Trainee Program.\n\n\n\n7.          SUMMER HELP:  Employees hired during the summer\n\nvacation period (90 days or less) or during the two-week\n\nChristmas period shall be excluded from coverage under the\n\nAgreement.\n\n\n\n     SECTION 8.  Coffee will be provided at Company expense in\n\nall break rooms utilized by bargaining unit employees.\n\n\n\n     SECTION 9.  Bargaining unit employees shall be supplied by\n\nthe Company with uniforms to be worn in performing their work,\n\nand the Company shall make arrangements for periodic cleaning of\n\nsuch uniforms at Company expense.\n\n\n\n     SECTION 10.  When bargaining unit employees are required for\n\njob-related reasons to travel using their own vehicles between\n\nthe Company's facilities at the Northvale, New Jersey location\n\nand the Pomona, New York location, they shall be reimbursed by\n\nthe Company for such travel at the rate of twenty-eight cents\n\n($0.28) per mile.\n\n\n\n     SECTION 11.  Paychecks for bargaining unit employees shall\n\nbe issued weekly, and payday shall be on Wednesday.\n\n\n28\n\n     SECTION 12.  Bagels and\/or donuts shall be provided for\n\nbargaining unit employees required to work overtime on Saturday,\n\nunless one or more employees are scheduled to work straight time\n\non that day.\n\n\n\n     SECTION 13.  Bargaining unit employees working the second\n\nshift shall not be required to begin mandatory overtime work on\n\nSaturdays any sooner than eight (8) hours after completion of\n\ntheir final, straight-time shift (which would have begun on the\n\npreceding Friday); notwithstanding the foregoing, second shift\n\nemployees may begin overtime work on Saturdays in less than eight\n\n(8) hours after completion of their last preceding straight-time\n\nshift if such arrangement is mutually agreeable to the employee\n\nand the supervisor responsible for scheduling the overtime work.\n\n\n\n     SECTION 14.   The Company will generally seek to maintain a\n\none-to-one ratio of QA Associates to QA Inspectors in the Quality\n\nAssurance Department.  Notwithstanding the foregoing, it shall\n\nnot be considered a violation of the terms of this Agreement for\n\nthe Company to have as many as two (2) more QA Associates than QA\n\nInspectors in the Department for a period of up to four (4)\n\nmonths if the Company deems that such an imbalance advances the\n\nCompany's interests in ensuring regulatory compliance and product\n\nquality and integrity and maximizing productivity, efficiency and\n\nsafety.\n\n\n\n     SECTION 15.  WORK AND FAMILY COMMITTEE:  The Company and the\n\nUnion recognize that counseling and other forms of assistance may\n\nbe of value to an employee and his or her family in situations in\n\nwhich personal problems have the potential to interfere with the\n\nemployee's performance of job responsibilities.  The Company and\n\nUnion also recognize that Company policies may have an impact on\n\nthe lives of employees.  The Company and the Union agree that\n\nemployees should strive to achieve an appropriate balance between\n\nwork and family responsibilities.  In addition, \n\n29\n\nthe Company and\n\nUnion further agree to work together to address issues related to\n\nthe mutual goal of achieving a balance between work and family\n\nresponsibilities.  Accordingly, the Company and the Union have\n\nagreed upon a Work and Family Policy and agree to maintain a Work\n\nand Family Committee as a forum in which such issues can be\n\nconstructively considered and discussed.  The Committee will be\n\ncomprised of four (4) members, two (2) designated by the Union\n\nand two (2) designated by the Company.  The Committee's mandate,\n\nin addition to sustaining dialog about work and family issues\n\nthat are relevant to the Company's employees, shall include\n\nworking to assure that employees are aware of the Company's\n\nEmployee Assistance Plan, including the resources that employees\n\ncan access through that Plan, and any other professional\n\ncommunity resources that might be able to assist with problems\n\nrelating to the employee's efforts to achieve a healthy balance\n\nbetween work and family.  Communications by individual employees\n\nwith Committee members regarding particular problems that such\n\nemployees are encountering in striving to achieve that balance\n\nshall be treated as strictly confidential and shall not be\n\ndiscussed with anyone other than current members of the Work and\n\nFamily Committee.  Information that an employee shares with Work\n\nand Family Committee members, as is the case with all\n\ncommunications with Employee Assistance Program counsellors, in\n\nconnection with the employee's efforts to obtain assistance from\n\nthe Committee on matters within its mandate shall be treated as\n\nconfidential and shall not be considered in any way as a basis\n\nfor disciplinary action of any kind.  The Committee will meet\n\nquarterly at agreed upon times and places to review issues\n\nbrought to the Committee's attention by employees or Management.\n\nChairing the Committee meetings and the preparation of minutes\n\nwill alternate between Union and Management members.  Union\n\nmembers of the Committee shall be compensated at their regularly\n\nassigned wage rates for time spent in the Committee's meetings.\n\nNothing in this Section shall be construed as overriding or\n\nmodifying any other provisions of this Agreement.\n\n30\n\n\n     SECTION 16.  CHILD CARE:  The Company shall, as soon as is\n\npracticable after the effective date of this Agreement, establish\n\na flexible spending account in accordance with Section 125 of the\n\nInternal Revenue Code, which will make it possible for employees\n\nto set aside a portion of pretax income each year to be used to\n\ndefray dependent care expenses.  The Company shall also contract\n\nwith the Rockland Council for Young Children to provide child\n\ncare counseling and referral services for any employees requiring\n\nsuch assistance.\n\n\n\n\nXIII.       GRIEVANCES\n\n1.          For purposes of this Agreement, a grievance is any\n\ndispute or difference of opinion between the Company and the\n\nUnion, or between the Company and any of its employees covered by\n\nthis Agreement, involving the meaning, interpretation or\n\napplication of the express provisions of this Agreement.  Any\n\ndispute over whether a complaint is subject to these procedures\n\nshall be treated as a grievance, in accordance with the\n\nprocedures prescribed in this Agreement, subject to the\n\nprovisions of Article XXVIII, LOCKOUTS AND STRIKES.  Permission\n\nto investigate grievances shall not be unreasonably denied,\n\nprovided however that the Union shall conduct no grievance\n\ninvestigation in such a manner as to interfere in any way with\n\nCompany operations without the prior, express consent of the Vice\n\nPresident Human Resources or Plant Manager.\n\n\n\n2.          Grievance adjustments below the Step 3 level shall be\n\nbinding only with respect to that specific grievance and shall\n\nnot be deemed to establish a binding standard for the bargaining\n\nunit as a whole, unless the Company and the Union specifically\n\nagree otherwise in writing.\n\n\n\n3.          Except as otherwise provided in Article VII,\n\nDISCHARGE AND DISCIPLINE, and Article XXVIII, LOCKOUTS AND\n\nSTRIKES, no grievance shall be entertained by the Company, except\n\nin the following order and manner, and within the following time\n\nlimits:\n\n31\n\n\n          STEP 1:  In the event an employee covered by this\n\nAgreement has a complaint involving the interpretation,\n\napplication or alleged violation of this Agreement, he shall take\n\nthe matter up with his immediate Supervisor at a mutually\n\nconvenient time within ten (10) work days of the occurrence of\n\nthe event out of which the grievance arises, or within ten (10)\n\nworking days from the date when the Union or the employee should\n\nreasonably have been aware of the facts on which the grievance is\n\nbased.  The employee may be accompanied by a Union Representative\n\nif the employee so desires.  The Supervisor shall give his answer\n\nto the employee as soon as practical, but in any event within ten\n\n(10) work days.\n\n\n\n          STEP 2:  In the event the grievance is not settled in\n\nStep 1, it shall be reduced to writing, stating the specific\n\nrelief sought, signed by the employee and presented by the\n\nDepartment Steward to the Supervisor within ten (10) work days\n\nfrom the time the Supervisor gives his answer as provided in\n\nStep 1 above.  The Supervisor will discuss the matter with the\n\nemployee and the Department Steward presenting the written\n\ngrievance as soon as is practical, and in any event within ten\n\n(10) work days after the Supervisor receives the written\n\ngrievance.  The Supervisor will give a written answer to the\n\nemployee and the Union as soon as is practical, but in any event\n\nwithin ten (10) work days of the time the written grievance is\n\npresented.  The presentation of the Supervisor's written answer\n\nshall terminate Step 2.\n\n\n\n          STEP 3:  In the event the grievance is not settled in\n\nStep 2, the Union may, within ten (10) work days after the\n\ntermination of Step 2, request a meeting with the Vice President,\n\nHuman Resources, or her representative, to discuss the grievance.\n\nThe Vice President, Human Resources, or her representative, the\n\nemployee, either the Chief Steward or a Department Steward of the\n\nUnion, and a representative of the International or Local Union,\n\nif available, shall meet as soon as practical \n\n32\n\nat a mutually\n\nconvenient time, but in any event within ten (10) work days of\n\nsuch written request, and discuss the matter in an attempt to\n\narrive at a satisfactory resolution of the grievance.  The answer\n\nof the Vice President, Human Resources, shall be given, in\n\nwriting, to the employee and the Union within ten (10) work days\n\nof the meeting referred to in this Step.  The issuance of the\n\nanswer to the affected employee and the Union shall terminate\n\nStep 3.\n\n\n\n          STEP 4:  In the event the grievance is not settled in\n\nStep 3, the Union may, within  ten (10) work days of receipt by\n\nthe Union of said answer, request in writing that the grievance\n\nbe submitted to arbitration as provided in Section 4 below.\n\n\n\n4.          Within ten (10) days of the Company's receipt of the\n\nUnion's request for arbitration, the Union or the Company, on an\n\nalternating basis (beginning with the Union for the first\n\narbitral panel requested during the term of this Agreement),\n\nshall request the American Arbitration Association (\"AAA\") to\n\nsubmit a panel of seven (7) qualified and available arbitrators,\n\nproviding a copy of such request contemporaneously to the other\n\nparty and pay any necessary fee to obtain such a panel.  Within\n\nten (10) work days after receipt of the panel, the parties shall\n\nalternately strike names from the panel, beginning with the party\n\nrequesting the arbitration, until the name of the arbitrator is\n\nthus chosen.  The request for an arbitral panel shall be deemed\n\nto have been made upon mailing it to AAA.  If the party\n\nresponsible for requesting the arbitral panel from AAA fails to\n\ndo so within the ten (10) day period prescribed for the\n\nsubmission of such request, the other party shall have the right\n\nto request the panel and select the arbitrator from among any of\n\nthe names on the panel obtained from AAA.  If either party fails\n\nor refuses to participate in the arbitrator selection process in\n\nsuch a manner as to assure that it is completed within the\n\naforementioned ten (10) day period allotted for the process, the\n\nother party shall have the right to designate the arbitrator from\n\namong those on the panel who have not been previously stricken by\n\none of the parties.  The arbitrator shall be notified of his\n\n33\n\nselection by a joint letter from the Company and the Union\n\nrequesting that he set a time and place for the hearing, subject\n\nto the availability of the Company and Union representatives, and\n\nthe letter shall specify the issue(s) to the arbitrator.  Any\n\ngrievance as to which the arbitration hearing is not completed\n\nwithin six (6) months after selection of the arbitrator shall be\n\ndeemed finally determined on the basis of the Company's final\n\nresponse in Step 3 of the grievance procedure unless the failure\n\nto complete the hearing within such period is solely the product\n\nof either: (a) the Company's refusal to make its representative\n\navailable to attend the hearing in that period; or (b) the\n\nunavailability of the arbitrator on any dates within such period.\n\nIf the failure to complete the hearing within six (6) months is\n\nsolely the result of the Company's refusal to make its\n\nrepresentative available on any dates within such period, the\n\nCompany shall be deemed to have waived all defenses to the issue\n\nof liability, leaving only the issue of appropriate relief to be\n\ndetermined by the arbitrator.\n\n\n\n5.          The arbitrator so appointed shall conduct a hearing\n\nand render his decision, in writing, with all reasonable\n\npromptness.  Any decision rendered by an arbitrator appointed\n\nhereunder shall be final and binding upon the Company, the Union,\n\nand the employee or employees involved on matters that are the\n\nproper subject of arbitration hereunder.\n\n\n\n6.          Any arbitrator appointed under the provisions of this\n\nArticle shall consider and decide only the particular issue(s)\n\npresented to him in writing by the Company and the Union, and his\n\ndecision and award shall be based solely upon his interpretation\n\nof the meaning or application of the express terms of this\n\nAgreement to the facts of the grievance presented.  If the matter\n\nsought to be arbitrated does not involve an interpretation of the\n\nexpress terms of this Agreement, the arbitrator shall so rule in\n\nhis award and the matter shall not be further entertained by the\n\narbitrator.  The arbitrator shall have no right to amend, modify,\n\nnullify, ignore, add to or subtract from the provisions \n\n34\n\nof this Agreement.  The arbitrator shall have no authority to overturn \n\nor modify any action of the Company unless the Union shows by clear\n\nand convincing evidence that such action was violative of the\n\nexpress terms of this Agreement or was arbitrary and capricious\n\nor, in any case involving disciplinary action taken against an\n\nemployee, either that the employee did not commit the act on\n\nwhich the disciplinary action was based or that the Company's\n\naction against the employee was arbitrary and capricious.\n\n\n7.          The compensation and expenses of the arbitrator, and\n\nother expenses mutually agreed to in advance, shall be borne\n\nequally by the Company and the Union.\n\n\n\n8.          Employees losing time as a result of participation in\n\narbitration proceeding sunder this Article, shall be made whole\n\nby the party on whose behalf they appear.\n\n\n\n9.          A grievance initiated by either the Company or the\n\nUnion, involving the interpretation or application of this\n\nAgreement, may be commenced at the Step 3 level, as set forth\n\nabove, by the filing of such grievance in writing with the other\n\nparty within ten (10) work days after the party initiating the\n\ngrievance has reason to believe that the other party has assumed\n\na position inconsistent with the terms of this Agreement.  In the\n\nevent of a grievance initiated by the Company, the written\n\ngrievance shall be accompanied by a request for a meeting with\n\nthe Local President of the Union.  All rights, obligations and\n\ntime limits for action by the Vice President Human Resources,\n\nspecified in Steps 3, 4 and 5 and Section 4 above, shall apply to\n\nthe President of the Local Union in grievances initiated by the\n\nCompany, and all rights, obligations and time limits applicable\n\nto the Union or employee in Steps 3, 4 and 5 and Section 4, shall\n\napply to the Company.\n\n\n\n10.         If any steps or actions provided for in this Article\n\nare not taken, appeals herein provided for are not taken or\n\nfiled, or notice is not given within the time limit specified for\n\n35\n\nsuch steps, actions, appeals or notice, then the grievance shall\n\nbe deemed final and settled on the basis of the Company's last\n\nreply.  If the Company's reply is not timely given at any stage\n\nin the grievance procedure, then the grievance shall be deemed\n\ndenied at the expiration of the time limit within which an answer\n\nis required and such denial may be appealed to the next step in\n\nthe grievance procedure specified.  Any of the time limits\n\nspecified in this Article may be extended by mutual agreement\n\nbetween the parties.  Saturdays, Sundays, days on which the\n\nCompany facilities are closed for any part or all of the day due\n\nto inclement weather, and those holidays specified in Article XV\n\nof this Agreement shall not be included in the computation of\n\ntime periods specified by this Article.\n\n\n\n11.         In general, any investigation, discussion and\n\nsettlement of grievances shall be done during working hours,\n\nprovided however that no such activities shall be conducted in\n\nsuch a manner as to interfere in any way with Company operations\n\nwithout the prior, express permission of the Vice President Human\n\nResources or Plant Manager.\n\n\n\n     SECTION 12.  The Company and the Union may, by mutual\n\nagreement in writing, submit any unresolved grievance to\n\nmediation under contract under the auspices of the New Jersey\n\nBoard of Mediation.  If the mediator in such a case is unable to\n\narrive at a mediated settlement that is acceptable to both\n\nparties, the parties shall request that he or she issue a written\n\n\"Mediator's Recommendation,\" which shall be final and binding on\n\nboth parties as to the case in which it is issued but shall have\n\nno precedential effect and shall not be admissible for any\n\npurpose in any future cases.  In any case in which the parties\n\nagree to mediation, they shall be deemed to have waived any right\n\nto arbitration to which they might otherwise have been entitled\n\npursuant to the terms of this Agreement.  The fact that a party\n\ndeclines to agree to mediation in a particular case shall not be\n\nadmissible for any purpose in that or any other case.\n\n36\n\n\nXIV.   VACATIONS\n\n1.          All employees covered by this Agreement shall be\n\neligible for paid vacations according to the following schedule\n\nwith the length of an employee's continuous service being\n\ncalculated from the anniversary date of hire:\n\n\n\n     Less than\n     Two (2) years of continuous service               One   (1) week\n\n     After\n     Two (2) years of continuous service               Two   (2) weeks\n\n     After\n     Five (5) years of continuous service              Three (3) weeks\n\n     After\n     Ten (10) years of continuous service              Four  (4) weeks\n\n     After\n     Fifteen (15) years of continuous service          Five  (5) weeks\n\n\nEmployees shall accrue vacation rights each year at the rate of\n\none twelfth (1\/12) of the total amount of the employee's vacation\n\neligibility under this Section for each month he or she works or\n\nis on vacation or paid leave provided for in Article XXII of this\n\nAgreement.  For purposes of this Section, an employee shall be\n\nconsidered to have worked a month, and therefore to have earned\n\nvacation accrual credit, if he actually works or is on vacation\n\nor Article XXII paid leave for at least one hundred (100) hours\n\nin that month.  Accrual will begin on January 1 of each year or,\n\nin the case of employees who are hired or return to work after\n\nJanuary 1, on the date the employee begins work.  Accrual rate\n\nincreases provided for in the schedule set forth above shall\n\nbecome applicable on January 1 of the year of the anniversary\n\ndate on which the employee will reach the amount of continuous\n\nservice making him eligible for an increased amount of vacation.\n\nAny accrued vacation not taken before December 31 of the year\n\nfollowing the year in which it accrued shall be lost, and in \n\n37\n\nno event will an employee be entitled to receive pay in lieu of\n\nvacation except where the employee is laid off or leaves the\n\nCompany's employ with accrued and unused vacation, or where the\n\nemployee is prevented from taking properly scheduled vacation by\n\na Company requirement that he cancel such scheduled vacation and\n\nhe is unable to reschedule the vacation to be taken before the\n\nend of the year.  Employees with less than five (5) years of\n\nservice shall be entitled to take vacation only to the extent\n\nthat it has accrued.  Beginning in the calendar year after\n\ncompleting four (4) years of continuous service with the Company\n\nand subject to the provisions of Section 3 of this Article,\n\nhowever, employees shall be entitled to take up to one-half of\n\nthe vacation that they will be eligible to accrue during the\n\ncalendar year at any time prior to July 1 of that year.  Such\n\nemployees shall be entitled to take up to the full amount of\n\nvacation that they will be eligible to accrue during the calendar\n\nyear at any time after June 30 of that year.  In the event the\n\nemployee fails to work the entire year (including, without\n\nlimitation, because of being discharged, suspended, or laid off,\n\nor because of going on disability or a leave without pay status),\n\nany pay received by the employee for vacation not accrued at the\n\ntime the employee leaves the active workforce shall be deducted\n\nfrom the employee's paycheck for the final pay period preceding\n\nthe employee's ceasing or interrupting work.  If the employee's\n\nfinal paycheck is in an amount insufficient to reimburse the\n\nEmployer for the amount of unaccrued vacation previously taken,\n\nthe employee shall pay the Employer the difference on or before\n\nhis final day at work.\n\n\n\n2.          Eligible employees who take vacation in a week when\n\nthey are scheduled to work an eight (8) hour shift shall receive\n\nas vacation pay eight (8) times the employee's straight time\n\nhourly rate for each day of vacation.  Vacation payment shall be\n\nmade the last scheduled pay day before Eligible employees taking\n\nvacation in a week in which they are scheduled to work four (4) or \n\n38\n\nmore ten (10) hour days shall receive vacation pay for each\n\nday of vacation equal to the amount of pay they would have\n\nreceived had they worked the scheduled ten (10) hours on that\n\nday.\n\n\n\n3.          Accrued vacation may be taken at any time during the\n\ncalendar year, except that newly hired employees shall not be\n\nentitled to take vacation or receive pay in lieu of vacation\n\nuntil after successful completion of their probationary period.\n\nHowever, the employee must obtain permission to schedule any\n\nvacation from the Company at least one (1) month before the\n\nscheduled departure date.  The Company will not unreasonably\n\nwithhold its permission, but retains discretion to deny an\n\nemployee's request if it is deemed inconsistent with production\n\nrequirements or the Company's overall interests of ensuring\n\nregulatory compliance and product quality and integrity, and\n\nmaximizing productivity, efficiency and safety.  Subject to the\n\nforegoing, if two or more employees request the same vacation\n\nperiod and the Company deems it inadvisable for all of such\n\nemployees to be out on vacation at the same time, the employee or\n\nemployees with greater seniority shall be given preference.\n\n\n\n4.          Vacation must be taken in no less than eight hour\n\nblocks, or in the case of employees taking vacation on a day when\n\nthey would have been scheduled to work ten (10) hour shifts, in\n\nten-hour blocks.\n\n\n\n5.          The Company will maintain a record of all vacation\n\ntime used by an employee and provide updated information\n\nregarding the amount of vacation taken and accrued to employees\n\non request.  If the Company acquires the payroll accounting\n\ncapability to provide periodic information of the employees'\n\nvacation account balances on payroll stubs or through other means\n\nwithout incurring substantial additional expense during the term\n\nof this Agreement, it shall do so.\n\n39\n\n\nXV.    HOLIDAYS AND HOLIDAY PAY\n\n1.          Full-time and regular part-time employees shall be\n\neligible for holiday pay.  Eligible full-time employees will be\n\ncredited with eight (8) hours (or ten (10) hours in the case of\n\nemployees who would have been scheduled to work a ten (10) hour\n\nshift but for the holiday) worked on holidays enumerated in\n\nSection 2 below, provided they have passed their probationary\n\nperiod.  Holiday pay for eligible part-time employees shall be\n\nprorated on the basis of the average daily straight-time hours\n\nthey are regularly scheduled to work in the week in which the\n\nholiday falls. Otherwise eligible employees shall not receive\n\nholiday pay (or be credited with hours worked) under the\n\nfollowing conditions:\n\n\n\n          (a)       An employee who has an unexcused tardiness or who is\n\n     absent on the work day or part of the work day preceding or\n\n     following the holiday, except for employees absent because of\n\n     serious illness or serious accident for no more than five (5)\n\n     working days prior to or following the holiday.\n\n\n\n          (b)       Employees who are off on a personal leave of absence.\n\n\n          (c)       Employees on suspension or disciplinary layoff.\n\n          (d)       The employee who would not normally be scheduled to\n\n     work and who would not normally work on such day in any event.\n\n\n\n2.          The following days shall be considered holidays under\nthis Agreement:\n\n          New Years Day                      Thanksgiving Day\n\n          Martin Luther King's Birthday      Day after Thanksgiving\n\n          Presidents' Day                    Christmas Eve\n\n          Memorial Day                       Christmas Day\n\n40\n\n          July 4th                           Day before New Year's Day\n\n          Labor Day                          Employee's Birthday\n\n\n\n     Religious holidays shall be permitted to be celebrated\n\nwithout pay and employees shall not be penalized for their\n\nabsence on such days.\n\n\n\n3.          Subject to the limitations set forth in Article 4,\n\nSection 3, work performed on holidays shall be paid at the rate\n\nof time and one-half (1\/2) the employee's regular rate in\n\naddition to the holiday pay.\n\n\n\n4.          If a holiday falls within an employee's vacation,\n\nsuch employee shall be paid holiday pay for the holiday in\n\naddition to his vacation pay, or shall receive an extra day of\n\nvacation, as agreed by the Company and the employee.\n\n\n\n5.          Except as otherwise provided in Article IV, Section 2\n\nof this Agreement, holiday pay for an employee entitled thereto\n\nshall be computed on the basis of eight (8) times the employee's\n\naverage straight time hourly earnings in the last calendar\n\nquarter ending immediately prior to the particular paid holiday.\n\nOvertime premium payments, holiday payments, vacation payments\n\nand all other non-working time payments shall be excluded from\n\nthe holiday computation.\n\n\n\n6.          All holidays falling on a Sunday shall be celebrated\non the following Monday.\n\n\n7.          All holidays falling on a Saturday shall be\n\ncelebrated on the preceding Friday.\n\n41\n\n\nXVI.   WAGE INCREASES\n\n1.             (a)  Effective April 1, 1996, all employees in the\n\n     Chemical Operator II, Maintenance Mechanic, Machine Mechanic,\n\n     Chemical Operator I, Set-Up Mechanic, and QA Inspector\n\n     classifications will receive a wage increase of $1.20 per hour;\n\n     all employees in the Licensed Trailer Truck Driver, Line\n\n     Technician, and Supplier\/Material Handler classifications will\n\n     receive a wage increase of $1.00 per hour; and all employees in\n\n     the Packer and Porter classifications will receive a wage\n\n     increase of $0.50 per hour.\n\n\n\n               (b)  Effective April 1, 1997, all employees in the\n\n     Senior Manufacturing Operator, Chemical Operator II,\n\n     Maintenance Mechanic, Machine Mechanic, Chemical Operator I,\n\n     Set-Up Mechanic, and QA Inspector classifications will\n\n     receive a wage increase of $0.50 per hour; all employees in\n\n     the Licensed Trailer Truck Driver, Line Technician, and\n\n     Supplier\/Material Handler classifications will receive a\n\n     wage increase of $0.40 per hour; and all employees in the\n\n     Packer and Porter classifications will receive a wage\n\n     increase of $0.30 per hour.\n\n\n\n               (c)  Effective April 1, 1998, all employees in the\n\n     Senior Manufacturing Operator, Chemical Operator II,\n\n     Maintenance Mechanic, Machine Mechanic, Chemical Operator I,\n\n     Set-Up Mechanic, and QA Inspector classifications will\n\n     receive a wage increase of $0.50 per hour; all employees in\n\n     the Licensed Trailer Truck Driver, Line Technician, and\n\n     Supplier\/Material Handler classifications will receive a\n\n     wage increase of $0.40 per hour; and all employees in the\n\n     Packer and Porter classifications will receive a wage\n\n     increase of $0.30 per hour.\n\n42\n\n\n\n               (d)  Effective April 1, 1999, all employees in the\n\n     Senior Manufacturing Operator, Chemical Operator II,\n\n     Maintenance Mechanic, Machine Mechanic, Chemical Operator I,\n\n     Set-Up Mechanic, and QA Inspector classifications will\n\n     receive a wage increase of $0.50 per hour; all employees in\n\n     the Licensed Trailer Truck Driver, Line Technician, and\n\n     Supplier\/Material Handler classifications will receive a\n\n     wage increase of $0.50 per hour; and all employees in the\n\n     Packer and Porter classifications will receive a wage\n\n     increase of $0.30 per hour.\n\n\n\n               (e)  Effective April 1, 2000, all employees in the\n\n     Senior Manufacturing Operator, Chemical Operator II,\n\n     Maintenance Mechanic, Machine Mechanic, Chemical Operator I,\n\n     Set-Up Mechanic, and QA Inspector classifications will\n\n     receive a wage increase of $0.50 per hour; all employees in\n\n     the Licensed Trailer Truck Driver, Line Technician, and\n\n     Supplier\/Material Handler classifications will receive a\n\n     wage increase of $0.50 per hour; and all employees in the\n\n     Packer and Porter classifications will receive a wage\n\n     increase of $0.50 per hour.\n\n\n\n2.          The Company shall have sole and unrestricted\n\ndiscretion with respect to establishing new job classifications,\n\nrevising old job classifications and\/or combining job\n\nclassifications, and establishing the hourly rates of pay for\n\nemployees who perform work therein.  In the event the Company\n\ndetermines that revision or combination of an old job\n\nclassification warrants a reduction in the hourly rates of\n\nemployees in the positions affected by a revision or combination,\n\nand in all cases in which the Company establishes a new job\n\nclassification, the Company shall propose the new rate to the\n\nUnion at least two (2) weeks before it is scheduled to go into\n\neffect and the parties shall negotiate in good faith in an effort\n\nto reach agreement on the new rate.  In the event the Union\n\nbelieves that the hourly rates of jobs affected by a\n\nclassification revision or combination should be \n\n43\n\nincreased, the\n\nUnion shall propose a new rate and the parties shall negotiate in\n\ngood faith in an effort to reach agreement on the rate.  If the\n\nparties reach impasse during the term of this Agreement in\n\nnegotiations regarding wage rate changes entered into pursuant to\n\nthis Section, the Company shall have the right to implement\n\nunilaterally its final offer.  The Union has the right to grieve\n\nthis decision pursuant to the terms of Article XIII of this\n\nAgreement.  In the event the Union grieves the Company's\n\nimplementation of its final offer, and the Company later agrees\n\nor an arbitrator rules that a different rate should apply, such\n\nrevised rate shall be applied retroactively to the date of the\n\nCompany's unilateral implementation of its final offer put forth\n\nin the original negotiations.\n\n\n\n3.          The Company shall have the right to establish hourly\n\nrates of pay for various jobs, and to revise or otherwise change\n\nsuch hourly rates, but in no event shall any rate be revised\n\ndownward, except as provided above in Section 2 of this Article.\n\n\n\n4.          The Company shall negotiate with the Union, the rate\n\nof all newly created jobs, prior to posting a bid or interviewing\n\npotential candidates.\n\n\n\n5.          The parties agree that there will be one rate of hire\n\nin each classification for new employees.\n\n\n\n6.          As noted in the schedules set forth below in\n\nSection 8 of this Article, employees shall receive the general\n\nwage increase and incremental wage increases in progression until\n\nthey reach the maximum rate.\n\n\n\n7.          JOB DESCRIPTIONS:  The Company has sole and\n\nunrestricted discretion to determine whether and when written job\n\ndescriptions for bargaining unit jobs need to be revised or\n\nupdated.  Whenever such job descriptions are revised or updated,\n\nthe Company shall promptly \n\n44\n\nprovide the Union with copies of the\n\nnew descriptions.  The Union has the right, within twenty (20)\n\nworkdays after receipt of the new job descriptions, to submit\n\nwritten suggestions for changes in such job descriptions (with\n\nexplanations of the rationales for any such suggestions) that it\n\nbelieves the Company should consider.  The Company shall consider\n\nany such suggestions offered by the Union in good faith.  If the\n\nCompany declines to accept any such suggestion and there remains\n\na dispute as to whether, without the suggested change, the job\n\ndescription in question accurately describes the content of the\n\njob that is its subject, the Union may process the dispute\n\nthrough the grievance and arbitration procedure prescribed in\n\nArticle XIII of this Agreement.\n\n8.          WAGE RATES:  The wage rates applicable to positions\n\ncovered by this Agreement shall be as follows:\n\n\n\nSenior Manufacturing Operator\n\n               Effective   Effective    Effective   Effective    Effective\n                4\/1\/96      4\/1\/97       4\/1\/98      4\/1\/99       4\/1\/00\n                    \n                $18.20      $18.70       $19.20      $19.70       $20.20\n\n\nTo be eligible to bid on Senior Manufacturing Operator internship\nposition openings, employees must, at the time of their\nsubmission of a bid on such openings, be currently employed as a\nChemical Operator I, Chemical Operator II, or a Machine Mechanic,\nand have worked for at least one (1) year and demonstrated\nproficiency in one or more of the five (5) production disciplines\nin which Senior Manufacturing Operators are expected to\ndemonstrate and maintain a high level of proficiency (i.e.,\nCompounding, Tableting, Coating, Encapsulation, and Packaging).\nEmployees who successfully bid on Senior Manufacturing Operator\ninternships shall receive a $0.25\/hr. increase upon moving into\nan internship assignment or within fifteen (15) days of receiving\nthe bid, whichever occurs first.  Upon becoming certified as\nproficient in two (2) of the Senior Manufacturing Operator\ndisciplines, interns shall receive an additional $0.25\/hr.\nincrease in their wages.  Additional increases in the amount of\n$0.50\/hr, would occur for interns who become certified as\nproficient in the third and fourth disciplines.  Upon\ncertification of an intern's proficiency in the fifth of the five\n(5) disciplines in which Senior Manufacturing Operators must\ndemonstrate proficiency, employees shall begin to receive the\nappropriate full Senior Manufacturing Operator rate specified\nabove.  The probationary period prescribed in Article XXIX of\nthis Agreement shall apply upon an employee's initial assignment\nto a Senior Manufacturing Operator internship and at each\nassignment to a new discipline during the employee's internship.\n\n45\n\n\nMaintenance Mechanic\n               Effective   Effective    Effective    Effective    Effective\n                4\/1\/96      4\/1\/97       4\/1\/98       4\/1\/99       4\/1\/00\n\n                $16.35      $16.85       $17.35       $17.85       $18.35\n\n\nChemical Operator II\n               Effective    Effective   Effective    Effective    Effective\n                4\/1\/96       4\/1\/97      4\/1\/98       4\/1\/99       4\/1\/00\n\nMaximum Rate    $16.20       $16.70      $17.20       $17.70       $18.20\n\n\nThe number of Chemical Operator II positions, if any, on each\n\nshift and in each department shall be determined by the Company\n\nin its sole and unrestricted discretion.\n\n\n\nMachine Mechanic\n\n               Effective    Effective    Effective    Effective    Effective\n                4\/1\/96       4\/1\/97       4\/1\/98       4\/1\/99       4\/1\/00\n                                             \nRate            $15.30       $15.80       $16.30       $16.80       $17.30\n\n\n46\n\nChemical Operator I\n               \n               Effective    Effective    Effective    Effective    Effective\n                 4\/1\/96      4\/1\/97       4\/1\/98       4\/1\/99       4\/1\/00\n\n\n\n\n\nStart            $12.70      $13.20       $13.70       $14.20       $14.70\n\n\n\nAfter 3 months from\n\nDate of Hire     $13.20      $13.70       $14.20       $14.70       $15.20\n\n\n\nAfter 6 months from\n\nDate of Hire     $13.70      $14.20       $14.70       $15.20       $15.70\n\n\n\nAfter 9 months from\n\nDate of Hire     $14.20      $14.70       $15.20       $15.70       $16.20\n\n\n\nAfter 12 months from\n\nDate of Hire     $14.70      $15.20        $15.70      $16.20       $16.70\n\n\n\nEmployees designated by the Company as Special Materials \n\nOperators shall be paid a premium for all time spent working in\n\nsuch capacity of ten (10) percent above the otherwise applicable\n\nrate for a Chemical Operator.\n\n47\n\n\nSet-Up Mechanic\n               Effective    Effective    Effective    Effective    Effective\n                4\/1\/96       4\/1\/97       4\/1\/98       4\/1\/99       4\/1\/00\n\n\nStart           $13.50       $14.00       $14.50       $15.00       $15.50\n\nAfter 3 months from\nDate of Hire    $14.15       $14.65       $15.15       $15.65       $16.15     \n                                          \nAfter 6 months from\nDate of Hire    $14.90       $15.40       $15.90       $16.40       $16.90\n\n\nQuality Assurance\n               Effective    Effective    Effective    Effective    Effective   \n                4\/1\/96       4\/1\/97       4\/1\/98       4\/1\/99       4\/1\/00     \n\nStart           $12.35       $12.85       $13.35       $13.85       $14.35\n\nAfter 3 months from\nDate of Hire    $12.70       $13.20       $13.70       $14.20       $14.70\n\nAfter 6 months from\nDate of Hire    $13.05       $13.55       $14.05       $14.55       $15.05\n\nAfter 9 months from\nDate of Hire    $13.40       $13.90       $14.40       $14.90       $15.40\n\nAfter 12 months from\nDate of Hire    $13.75       $14.25       $14.75       $15.25       $15.75\n\n\n48\n\nLine Technician\n               Effective    Effective    Effective    Effective    Effective\n                4\/1\/96       4\/1\/97       4\/1\/98       4\/1\/99       4\/1\/00\n\nStart           $11.90       $12.30       $12.70       $13.20       $13.70\n\nAfter 3 months from\nDate of hire    $12.25       $12.65       $13.05       $13.55       $14.05\n\nAfter 6 months from\nDate of hire    $12.65       $13.05       $13.45       $13.95       $14.45\n\nAfter 9 months from\nDate of hire    $12.95       $13.35       $13.75       $14.25       $14.75\n\nAfter 12 months from\nDate of hire    $ 13.30      $13.70       $14.10       $14.60       $15.10\n\nShipping, Receiving, Supplier and Material Handler\n               Effective    Effective    Effective    Effective    Effective\n                4\/1\/96       4\/1\/97       4\/1\/98       4\/1\/99       4\/1\/00\n\n\n\nStart           $11.40       $11.80       $12.20       $12.70       $13.20\n\nAfter 3 months from\nDate of Hire    $11.75       $12.15       $12.55       $13.05       $13.55\n\nAfter 6 months from\nDate of Hire    $12.15       $12.55       $12.95       $13.45       $13.95\n\nAfter 9 months from\nDate of Hire    $12.45       $12.85       $13.25       $13.75       $14.25\n\nAfter 12 months from\nDate of Hire    $12.80       $13.20       $13.60       $14.10       $14.60\n\nMaterial Handler Truck Drivers shall be paid at a rate fifty\n\ncents ($0.50) per hour higher than those otherwise applicable to\n\nemployees in the Shipping, Receiving, Supplier, Material Handler\n\nclassification.\n\n49\n\n\nPackers\n               Effective    Effective    Effective    Effective    Effective\n                4\/1\/96       4\/1\/97       4\/1\/98       4\/1\/99       4\/1\/00\n\n\nStart           $9.15        $9.45        $9.75        $10.05       $10.55\n\nAfter 3 months from\nDate of Hire    $9.65        $9.95        $10.25       $10.55       $11.05\n\nAfter 6 months from\nDate of Hire    $10.15       $10.45       $10.75       $11.05       $11.55\n\nAfter 9 months from\nDate of Hire    $10.65       $10.95       $11.25       $11.55       $12.05\n\nAfter 12 months from\nDate of Hire    $11.15       $11.45       $11.75       $12.05       $12.55\n\n\nPorter\n               Effective    Effective    Effective    Effective    Effective\n                4\/1\/96       4\/1\/97       4\/1\/98       4\/1\/99       4\/1\/00\n\n\nStart           $8.90        $9.20        $9.50        $9.80        $10.30\n\nAfter 3 months from\nDate of Hire    $9.40        $9.70        $10.00       $10.30       $10.80\n\nAfter 6 months from\nDate of Hire    $9.90        $10.20       $10.50       $10.80       $11.30\n\nAfter 9 months from\nDate of Hire    $10.40       $10.70       $11.00       $11.30       $11.80\n\nAfter 12 months from\nDate of Hire    $10.90       $11.20       $11.50       $11.80       $12.30\n\n\nLicensed Tractor Trailer Driver\n               Effective    Effective    Effective    Effective    Effective\n                4\/1\/96       4\/1\/97       4\/1\/98       4\/1\/99       4\/1\/00\n\n                $14.50       $14.90       $15.30       $15.80       $16.30\n\n50\n\n\n      Any employee who was classified as a Labeler as of June 30,\n\n1989 shall continue to have his\/her rate RED circled.  All\n\nPorters hired prior to July 1, 1989 shall continue to be paid at\n\nthe Supplier\/Material handler rate.\n\n\n     SECTION 9.  HOLIDAY BONUS:  The Company shall pay a holiday\n\nbonus to all nonprobationary employees beginning in December of\n\n1996.  The amount of the bonus shall be $200.00, with prorated\n\nlesser amounts for employees who have worked less than the full\n\ncalendar year preceding the date on which the bonus is to be\n\npaid.  The bonus checks prescribed in this Section shall be\n\ndistributed to eligible employees on or before December 15 of\n\neach year.\n\n\nXVII.       HEALTH AND WELFARE\n\n1.          The Company agrees to make available to its regular\n\nfull-time employees (and their dependents) covered by this\n\nAgreement who are actively employed, Health and Welfare coverage\n\nwith the OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION,\n\nLOCAL 8-149 Welfare Plan, which shall include dental insurance\n\ncoverage with a benefit of up to $1,250 per employee per year.\n\nFor the remainder of the term of this Agreement, the Employer\n\ncontribution shall be 20.6% of gross payroll straight time\n\nexcluding overtime, unused sick pay and unused vacation pay.\n\nThis rate shall, however, be adjusted to cover any changes in\n\npremium charges to the Union by its providers during the first\n\nfour years of this Agreement up to a maximum aggregate increase\n\nof thirty percent (30%) over the premium levels in effect on the\n\neffective date of this Agreement, and for any increase of up to\n\nseven percent (7%) in the fifth and final year of this Agreement.\n\nThe Employer shall calculate such contribution for any employee\n\nwho actually works and\/or is paid time for vacation, Article XXII\n\nsick leave and\/or holidays for a total in excess of one hundred\n\n(100) hours in any calendar month, as if said employee had worked\n\nall scheduled straight\n\n51\n\ntime in that month.  The contribution on behalf of any employee\n\nwhose total paid time for time worked is equal to or less than\n\none hundred (100) hours shall be calculated on a pro-rated basis\n\nby multiplying the amount of a full contribution by the ratio\n\nderived by dividing the amount of the employee's paid time in\n\nthat month by the total amount of scheduled straight time in that\n\nmonth, plus any paid holiday time for which the employee would\n\nhave been eligible if he had actually worked all scheduled\n\nstraight time.\n\n\n\n2.          EMPLOYEES' ELIGIBILITY:  Full-time employees covered\n\nby this agreement are eligible upon completion of one hundred\n\ntwenty (120) days of continuous active service.  Full-time\n\nemployees are defined as those employees completing 2,080 hours\n\nof service in a calendar year.  Part-time employees are defined\n\nas those employees completing at least 1,560 hours of service in\n\na calendar year.\n\n\n\n3.          The Employer shall contribute to the Oil, Chemical\n\nand Atomic Workers International Union, Local 8-149 Welfare Plan\n\nfor those eligible employees who are on family or medical leave\n\npursuant to the terms of Article IX, and for employees who are on\n\ndisability and workers' compensation for a maximum period of six\n\n(6) months.\n\n\n\nXVIII.      CHECKOFF\n\n     In a manner and to the extent permitted by law, the Company\n\nagrees to deduct each month from the wages of each of its\n\nemployees who are members of the Union and who have voluntarily\n\nauthorized same, the prescribed union dues and initiation fees,\n\nand to remit the same monthly to the Union.  Each authorization\n\nshall be in writing, signed by the employee, and shall be\n\ndelivered by the Union to the Company.  The Union agrees to\n\nindemnify and save the Company harmless from any and all claims\n\nand\/or disputes arising out of the Company's actions in\n\ncompliance with this provision.\n\n52\n\n\nXIX.   RELOCATION\n\n\n     In the event the Company shall at any time move its\n\noperations from its present location to any other place within a\n\nradius of 100 miles, the employees in service with the Company at\n\nthe time of such move shall be offered a opportunity for\n\nemployment in the new location, and this Agreement shall continue\n\nin full force and effect and shall be applicable to such\n\nemployees in the new location, provided, however, a majority of\n\nthe employees so offered employment relocate and are employed\n\nwith the Company at the new location.\n\n\n\nXX.    UNION SECURITY\n\n1.          It shall be a condition of employment that all\n\nemployees of the Employer covered by this Agreement who are\n\nmembers of the Union in good standing on the effective date of\n\nthis Agreement shall remain members in good standing, and those\n\ncurrent employees who are not members on the effective date of\n\nthis Agreement, shall, on the thirty-first (31st) day thereafter,\n\nbecome and remain members in good standing in the Union.  It\n\nshall also be a condition of employment that all employees\n\ncovered by this Agreement and hired after the effective date of\n\nthis Agreement, shall, on the thirty-first (31st) day after said\n\nhiring date, become and thereafter remain members in good\n\nstanding in the Union.\n\n\n\n2.          Upon written notice from the Union, the Employer\n\nshall discharge any employee not a member in good standing as\n\ndefined under the National Labor Relations Act, as amended.\n\n\n\nXXI.   UNION REPRESENTATION AND STEWARDS\n\n\n1.          (a)  The establishment of a Union Committee composed\n\nof not more than three (3) members, which shall also serve as the\n\nGrievance Committee and the establishment of a Steward \n\n53\n\nsystem is agreed to by the Company.  The Union shall be permitted to have\n\ntwo (2) alternate stewards.\n\n\n\n          (b)       Representatives of the International Union shall be\n\npermitted to assist the Committee at all times, provided that\n\nsuch representatives shall accord at least forty-eight (48) hours\n\nadvance notice to the Company's Vice President Human Resources of\n\nany need for access to Company facilities, respect and observe\n\nany applicable sign-in and site security rules, and refrain from\n\ninterfering with or impeding Company operations or the work of\n\nany employee.  In cases of emergency, the Union may request and\n\nthe Vice President Human Resources may permit access to Company\n\npremises on less than forty-eight (48) hours notice.  Such\n\npermission shall not be unreasonably denied.\n\n\n\n          (c)       In the event the Company establishes a second shift,\n\nthere shall be one (1) steward employed on the second shift and\n\nthe Union shall be permitted to have one (1) alternate steward on\n\nsaid shift.\n\n\n\n          (d)       The Chief Steward and Stewards shall be allowed two (2)\n\nhours off, without pay, four (4) times a calendar year, for the\n\npurpose of attending Union Educational and Training Sessions\n\nrelated to the performance of their responsibilities as stewards\n\nat Barr Laboratories.\n\n\n\n          (e)       The Department Stewards will be expected to perform on\n\na full-time basis the responsibilities of the jobs to which they\n\nare assigned in the bargaining unit.  Management will allow them\n\na reasonable amount of time away from their duties (up to a\n\nmaximum of four (4) hours per week) to handle union business,\n\nprovided a request for such excused time is made and approved in\n\nadvance by the Vice President Human Resources or Plant Manager\n\nand the proposed scheduling of \n\n54\n\n\nthe release time requested will\n\nnot significantly interfere with or impair the Company's overall\n\ninterests of ensuring regulatory compliance and product quality\n\nand integrity, and maximizing productivity, efficiency and\n\nsafety.  The Chief Steward shall be expected to perform on a full-\n\ntime basis the responsibilities of a bargaining unit position,\n\nexcept that he will be granted a total of twelve (12) hours per\n\nweek to handle Union business, to be scheduled in advance in at\n\nleast four (4) hour blocks at times that are mutually agreeable\n\nto the Company and the Union, and which may be changed no more\n\nfrequently than quarterly.  In the event of extraordinary need,\n\nthe Vice President Human Resources may, in her sole and\n\nunrestricted discretion, grant a request of the Chief Steward for\n\nrelease time in addition to the weekly period(s) regularly set\n\naside for Union business pursuant to the terms of this Section.\n\nThe Chief Steward's bargaining unit work will be scheduled to be\n\nperformed on a Monday through Friday schedule.  The Chief Steward\n\nshall be eligible for overtime assignments on the same basis as\n\nother similarly situated employees in his classification and so\n\nlong as he confines his handling of Union business to the\n\nprearranged twelve (12) hour schedule prescribed above, such\n\nhours shall be treated as time worked for purposes of eligibility\n\nfor overtime premium pay as provided for in Article IV, Section 3\n\nof this Agreement.  All employment conditions applicable to the\n\nChief Steward under this Section shall also apply to the Unit\n\nSecretary.\n\n\n\n     SECTION 2.  The Company will make available for the\n\nexclusive use of the Union at least one (1) office with a\n\ntelephone and a reasonable amount of file space.\n\n\n\n     SECTION 3.  Department Stewards shall be allowed up to three\n\nand one-half (3.5) hours of unpaid leave to attend each quarterly\n\nmeeting of the Union.  The amount of such leave will vary based\n\non the individual shift schedule of each Steward, but shall not\n\nexceed three and one-half (3.5) hours for any Steward.  If shift\n\nschedules should change in such a manner during the term of this\n\n55\n\nAgreement as to make the aforementioned amount of release time\n\nclearly inadequate to permit attendance at the quarterly\n\nmeetings, the Company and the Union will meet to work out a\n\nreasonable accommodation of their respective interests.\n\nNotwithstanding any other provision of this Agreement, the\n\nCompany reserves the right to deny any Department Steward's\n\nrequest for leave to attend any one or more quarterly meetings\n\nbecause of unusual work related problems that would significantly\n\naffect productivity, efficiency, quality or regulatory\n\ncompliance, although the Company acknowledges that it expects\n\nsuch instances to be rare.  The Union will provide the Company\n\nwith a schedule of its quarterly meetings in January of each\n\ncalendar year.  Each Department Steward shall be responsible for\n\nconfirming with his or her Supervisor the time and dates of any\n\nrelease requirements pursuant to this Section one (1) week prior\n\nto the scheduled quarterly meeting with respect to which leave is\n\nrequested.\n\n\n\nXXII.       SICK LEAVE, PERSONAL DAYS, LONGEVITY DAY\n\n\n\n1.          The Company agrees to continue, for the life of this\n\nAgreement, its current policy of paid sick leave.  Each employee\n\nemployed eight (8) months or more, shall be entitled to five (5)\n\ndays of paid sick leave per calendar year.\n\n\n\n2.          New employees shall be eligible to receive paid sick\n\nleave at the rate of one (1) day for each two (2) months of\n\nemployment to commence after the employee's eighth (8th) month of\n\nemployment, but not retroactively.\n\n\n\n3.          Employees not using all or any of the five (5) paid\n\nsick days shall have the option of receiving unused sick pay on\n\nor about December 15th of each calendar year, or banking up \n\n56\n\n\nto five (5) days for use in the following year.  The number of paid\n\nsick days an employee has available shall not affect charging of\n\noccurrences under the Company's attendance policy.\n\n\n\n4.          Sick days may be used in four (4) hour blocks, but\n\nnot less, except that employees assigned to work ten (10) hour\n\nshifts must use their sick days in blocks of not less than five\n\n(5) hours.\n\n\n\n5.          The Company will maintain a record of all sick leave\n\nand personal time used by the employee and provide updated\n\ninformation regarding the amount of sick leave taken and accrued\n\nand unused personal and longevity days to employees on request.\n\nIf the Company acquires the payroll accounting capability to\n\nprovide such information periodically on payroll stubs or through\n\nother means without incurring substantial additional expense\n\nduring the term of this Agreement, it shall do so.\n\n\n\n6.          PERSONAL DAYS:  In order to qualify for one (1)\n\npersonal day per contract year, the following conditions must be\n\nmet by an employee:\n\n\n\n          (a)       The employee must give 3 working days advance notice to\n\n     department supervisor as to which day is to be taken as a\n\n     personal day, and\n\n\n\n          (b)       The personal day cannot be added to the employee's\n\n     vacation period, and\n\n\n          (c)       The personal day cannot be taken during a week of a\n\n     holiday, nor shall it be taken on a working day before or after a\n\n     holiday.\n\n\n\n          (d)  The personal day may be used in four (4) hour\n\n     blocks, or in five (5) hour blocks in the case of\n\n     employees assigned to work ten (10) hour shifts.  The\n\n57\n\n     above conditions must be met for an employee to take\n\n     the personal day in four (4) or five (5) hour blocks\n\n     unless a personal emergency exists.\n\n\n\n     If all the above conditions are met, said personal day may\n\nbe taken at the employee's option.\n\n\n\n     Subject to the foregoing conditions, employees who have been\n\n     employed by Barr for five (5) or more consecutive years,\n\n     shall be entitled to take one (1) additional personal day\n\n     per year.\n\n\n\n7.          LONGEVITY DAY:  Those employees who have attained ten\n\n(10) years of service or more shall receive a personal day off\n\nwith pay as a longevity day.  Said employee must give one (1)\n\nweek's notice to his Supervisor before taking such day:  If there\n\nis any limitation on the number of people taking the longevity\n\nday at a particular time, seniority shall apply.  The longevity\n\nday must be taken as a day, not less.\n\n\n\nXXIII.      SHIFT DIFFERENTIAL\n\n     In the event the Company establishes a second shift, there\n\nshall be a ten percent (10%) shift differential paid to each\n\nemployee employed on said second shift.  In the event the Company\n\nestablishes a third shift, there shall be a fifteen percent (15%)\n\nshift differential paid to each employee employed on said third\n\nshift.\n\n\n\n     The differential for the shift starting at midday (Example:\n\n11:30 a.m. to 8:00 p.m.) shall be eight percent (8%).\n\n\n\nXXIV.       REPORTING AND CALL-IN PAY\n\n\n1.          REGULAR WORK (REPORTING TIME):  Any employee who\n\nreports to work unless otherwise previously notified eight (8)\n\nhours prior to starting time by the Company shall \n\n58\n\nreceive four (4) hours work or pay for that day.  If in the course \n\nof the day an employee is sent home because of lack of work, and has\n\ncompleted at least four (4) hours of work, or five (5 hours work\n\nif he is assigned to work a ten (10) hour shift, he shall be paid\n\nfor the remainder of his shift.\n\n\n\n2.          EMERGENCY WORK (CALL-IN):  When an employee is called\n\nfor emergency work, has completed his regular eight (8) hour\n\nshift, and is eligible under Article IV for overtime pay, he\n\nshall be paid a minimum of four (4) hours pay at the rate of time\n\nand one-half (1-1\/2).  If, upon completion of the first four (4)\n\nhours of work on the emergency job the employee is required to\n\nstay over for additional work, he shall be paid a minimum of an\n\nadditional four (4) hours pay at the rate of time and one-half (1-\n\n1\/2).\n\n\n\n\nXXV.   SAFETY AND HEALTH\n\n1.          The Company shall assume the responsibility imposed\n\nin accordance with State Workers Compensation Laws for employees\n\nwho suffer injury or disease resulting from conditions on the\n\njob.\n\n\n\n2.          No employee shall knowingly be permitted to work on a\n\njob which poses a recognized health hazard (including any\n\nmedically demonstrated sensitivity that would make continued\n\nexposure to a substance with which he comes into contact in the\n\nperformance of his assigned job duties where continued exposure\n\nto the substance would be detrimental to his health) unless\n\neffective control measures (i.e., engineering and\/or\n\nadministrative controls and, where appropriate, personal\n\nprotective equipment) have been provided.  No employee shall\n\nknowingly perform any unsafe act that presents a danger either to\n\nthe employee or to others.  In the event that an individual\n\ncannot perform a specific job function due to illness, injury or\n\nphysical sensitivity to substances present in the workplace, that\n\nindividual will be given suitable alternative work, if such work\n\nis available, provided \n\n59\n\nthe employee provides the Company with a\n\nstatement from his physician confirming that, despite the\n\nlimitation that precludes him from performing his normal job\n\nfunctions, he is fit to perform the job functions of the\n\navailable alternative work.  In addition, the Company may, in its\n\nsole and unrestricted discretion, require that any employee\n\nclaiming to have a job related illness or injury or a physical\n\nsensitivity that interferes with or precludes his performance of\n\nthe normal responsibilities of his position submit to an\n\nexamination by a physician chosen and paid for by the Company for\n\nthe purpose of obtaining independent medical verification of the\n\ncondition and any work limitations resulting from it.  In the\n\nevent no alternative work is available, \"bumping\" shall apply\n\nunless the Company determines in its discretion that allowing the\n\nemployee to exercise \"bumping\" rights would be inconsistent with\n\nthe Company's overall interests of ensuring regulatory compliance\n\nand product quality and integrity, and maximizing productivity,\n\nefficiency and safety.  Employees who are transferred or bump\n\ninto positions pursuant to this Section that have lower wage\n\nrates than their usual jobs shall be compensated at the higher\n\nrate for one (1) month, and will thereafter be compensated at the\n\nlower rate.\n\n\n\n3.          The Company shall make available annually, to all\n\nemployees, a physical examination and pay for same.  The Health\n\nand Safety Committee will help determine the protocol for\n\nphysical examinations.  The Company shall inform the Union of any\n\nchanges in the physicians or medical group performing the\n\nphysicals.  In addition to annual physical examinations, all\n\nemployees shall be required to participate and cooperate fully in\n\nall medical surveillance programs deemed by the Company to be\n\nnecessary for compliance with applicable provisions of the Code\n\nof Federal Regulations or other regulatory provisions, or any\n\nother medical surveillance approved by the Health and Safety\n\nCommittee.\n\n60\n\n\n\n\n4.          The Company shall institute and maintain all\n\nnecessary precautions for safeguarding its employees against\n\nconditions that the Company knows or should know are likely to be\n\nharmful their health and safety.  Both the Company and the Union\n\nrecognize their mutual obligation to assist in the prevention,\n\ncorrection, and elimination of all unhealthy and unsafe working\n\nconditions and practices.\n\n\n\n5.          There shall be established a joint labor-management\n\nHealth and Safety Committee consisting of two Union and two\n\nCompany representatives.  It shall hold meetings eight (8) times\n\nper year at times and places mutually convenient and agreeable to\n\nthe representatives of the Union and the Company attending and\n\nscheduled by or before December 31 of the year prior to the year\n\nin which the meetings are to be held.  The purpose of such\n\nmeetings shall be to consider, review and\/or provide\n\nrecommendations for workplace conditions and health and safety\n\nrelated practices.  Members of the Committee shall also conduct\n\nmonthly tours of the Company's manufacturing facilities with\n\nadvance notice to and in cooperation with plant and departmental\n\nManagement.  Findings from these tours shall be reviewed at the\n\nregular meetings of the Committee.  Union representatives shall\n\nbe compensated at their regularly assigned wage rate for\n\nreasonable time spent in connection with the work of the\n\nCommittee.\n\n\n\n6.               Any employee who is injured on the job, and who\n\nmust miss time from work on the day of the injury and (or the\n\nfollowing day) on the instructions of the Company physician or\n\nother physicians acceptable to the Company, will be paid special\n\ncompensation pay up to the balance of the work day as well as the\n\nfollowing day.  Any employee who receives compensation pay for\n\nthis time period due to a claim from Workers' Compensation shall\n\nnot be eligible for special compensation pay.\n\n61\n\n\n7.          At least once each year, the parties will undertake\n\nan industrial hygiene survey in the plants performed by a\n\ncertified industrial hygienist mutually acceptable to the Company\n\nand the Union, and whose fee shall be paid by the Company.  A\n\nCompany representative and a Union representative shall accompany\n\nsuch hygienist at all times during any on-site inspection\n\nactivities.  An unedited report of the survey shall be submitted\n\nin writing to the Company and the Union.  At a mutually\n\nestablished time, subsequent to the receipt of reports, the\n\nCompany and the Union will meet to review such reports and to\n\nconsider the findings.  The parties may conduct a second survey\n\nin any year by mutual agreement.\n\n\n\n8.          The Company and the Union agree that the Director of\n\nOCAW's District Resource Center and the Company's Associate\n\ndirector of Health and Safety shall meet and confer for the\n\npurpose of developing a mutually acceptable protocol for a joint\n\ntraining program on health and safety awareness for Barr's\n\nbargaining unit employees.  It is agreed that the curriculum and\n\ncourse content will be fully reviewed and approved in advance of\n\nany training sessions, that the training sessions will be in\n\nsegments of no more than two (2) hours at a time and for a\n\ncumulative total in any calendar year of no more than four (4)\n\nhours, and that all such training sessions shall be scheduled at\n\nmutually agreeable times and in such a way as to minimize any\n\ndisruption of the Company's production and any impact on the\n\nCompany's ability to ensure regulatory compliance, product\n\nquality and integrity, productivity, efficiency and safety.  Any\n\nfurther health and safety training deemed necessary by Management\n\nwill be provided by the Company.\n\n\n\n9.          The Company will provide protective equipment\n\nincluding waterproof boot coverings and outdoor clothing for\n\nemployees as required.\n\n62\n\n\n10.         The Company will reimburse employees in departments\n\nwhere required and applicable, up to Seventy Dollars ($70.00) for\n\none pair of safety shoes upon completion of their probationary\n\nperiod.  Employees will also be reimbursed for the cost of\n\nreplacement safety shoes, up to a maximum of Seventy Dollars\n\n($70.00) upon turning in worn out safety shoes previously paid\n\nfor in whole or in part by the Company.\n\n\n\nXXVI.       WASH UP TIME AND REST PERIODS\n\n1.          There shall be a five (5) minute wash-up time in all\n\ndepartments prior to the lunch period.\n\n\n\n2.          For employees working an eight (8) hour shift, there\n\nshall be a fifteen (15) minute rest period with the first four\n\n(4) hours worked, and another fifteen (15) minute rest period\n\nwithin the second four (4) hours worked.\n\n\n\nXXVII.      TUITION REFUND PLAN\n\n\n     The Company will reimburse an employee for up to $1,500 per\n\nsemester with a limit of two (2) semesters per contract year, for\n\ntuition costs only.\n\n\n\n     The course to be taken must be related to the employee's\n\njob.  All courses must be taken at an accredited school approved\n\nby the Company.  In order to qualify for this benefit, the\n\nemployee must apply to the Vice President Human Resources or her\n\ndesignee at least six (6) weeks prior to the date on which the\n\ntuition payment would be due, providing a detailed description of\n\nthe course to be taken and identifying the institution offering\n\nit.  Such applications may be denied if the Company determines,\n\nin its sole and unrestricted discretion, either that the course\n\nis insufficiently related to the employee's job or that the\n\nCompany should not approve the school.\n\n63\n\n\n     It is further agreed that the employee in question must\n\nattain a \"B\" average or better (or, in the case of approved\n\ncourses offered on a pass-fail basis, the employee must obtain a\n\npassing mark in the course); and if the employee fails to attain\n\nsame, the Company will not reimburse such monies expended towards\n\ntuition costs.  Enrollment is subject to the Company's prior\n\napproval.\n\n\n\n     It is further agreed that educational tuition shall be\n\navailable to all employees in the bargaining unit employed at\n\nleast one (1) year or more.\n\n\n\nXXVIII.     LOCKOUTS AND STRIKES\n\n1.          The Union shall not call or authorize any strike,\n\nwork stoppage, slowdown, sit-in or any other interference with\n\nwork, and the Employer shall not cause any lockout.  Where an\n\nunauthorized strike, work stoppage, slowdown, sit-in or any other\n\ninterference with work occurs, the Union will make immediate\n\nefforts to return the strikers to their respective jobs, and\n\nshall request the strikers to cease any action which may affect\n\nproduction.  The Employer agrees, in consideration of the\n\nperformance of the Union of the aforesaid undertakings, to\n\nabsolve the Union, its officers or agents, of any liability by\n\nsuit for damages for breach of contract, or of any kind or\n\ncharacter whatsoever.  It is distinctly understood and agreed\n\nthat the Union will not be held liable for any unauthorized or\n\noutlaw strikes or the individual acts or actions of any employee\n\nor group of employees, so long as the Union faithfully discharges\n\nits duty as hereinbefore described to use its best efforts to\n\ndiscourage such acts and to bring about their early cessation.\n\n\n\n2.          Should any employee or group of employees engage in\n\nany strike, work stoppage, slowdown, sit-in or any other\n\ninterference with work, the Employer shall have the right to\n\nsummarily discharge the aforesaid employee or groups of\n\nemployees.  In any such case, resort may \n\n64\n\nbe had to the grievance\n\nprocedure under Article XIII of this Agreement only to determine\n\nthe question of whether the disciplined employee did, in fact,\n\nengage in the conduct of which he is accused.\n\n\n\n3.          In the event the Union or any of its officers, agents\n\nor members engage in conduct violative of Section 1 of this\n\nArticle, it is agreed that the Company may:\n\n\n\n          (a)       Seek to enjoin such conduct in any appropriate State\n     Court;\n\n\n          (b)       Submit the matter to an arbitrator mutually agreed to\n\n     by the Company and the Union or, in the absence of such\n\n     agreement, an arbitrator chosen by the Company from a panel of\n\n     five (5) arbitrators obtained from the American Arbitration\n\n     Association; and\n\n\n\n          (c)       Seek any other legal, equitable, administrative,\n\n     judicial or contract remedies available to the Company under law.\n\n\n\nXXIX.       BIDDING AND POSTING\n\n\n1.          All job vacancies shall be posted on all bulletin\n\nboards in all Company production facilities for three (3) days,\n\nexclusive of Saturday, Sunday, and paid holidays provided for in\n\nArticle XV of this Agreement.  Qualifications will be determined\n\nby seniority and ability to perform the job.  The Company has\n\nsole and unrestricted discretion to determine who, among two (2)\n\nor more qualified candidates is the best qualified to perform the\n\nwork of the position in such a manner as to maximize the\n\ncontributions of the position to the Company's overall interests\n\nof ensuring regulatory compliance and product quality and\n\nintegrity, and maximizing productivity, efficiency and safety.\n\nIn evaluating the qualifications of candidates, the Company will\n\ntake into full \n\n65\n\nconsideration the employee's past performance,\n\ndemonstrated skills, disciplinary record, and over-all\n\ncompetency.  Among equally qualified bidders, seniority shall\n\ncontrol.\n\n\n\n     An employee bidding on a job shall give the job bid to the\n\nHuman Resources Department which shall notify the chief steward\n\nas soon as bidding is closed.  The Company shall interview all\n\nbidders within five (5) working days from the end of the posting\n\ndate.  Within three (3) days of the close of interviewing of\n\nbidders, or as soon as any labor-management dispute is resolved,\n\nthe Company shall notify the steward and award the bid.  Upon\n\nrequest by the steward, the Company will provide a written\n\nexplanation of why an employee was not awarded the job.\n\n\n\n     Proficiency, aptitude, manual dexterity, and\/or other\n\nscientifically developed and validated testing developed in-house\n\nor from other sources will, to the extent deemed helpful by the\n\nCompany in its sole and unrestricted discretion, be administered\n\nto bidders to determine their suitability for training and\n\nperformance.  Such tests shall be related to those skills and\n\nqualifications necessary to the position.  Any employee who has\n\npreviously worked for at least six (6) months and demonstrated\n\nproficiency in a position on which he seeks to bid shall not be\n\nrequired to take any mechanical aptitude test administered to\n\nother bidders for the job to demonstrate qualification for that\n\njob.  Discriminatory administration of tests will be subject to\n\nthe Union Grievance procedure.  If the bidding employee fails the\n\nproficiency or aptitude test for the relevant position, that\n\nemployee shall not be entitled to bid on that position or other\n\npositions requiring similar qualifications for a period of one\n\n(1) year.\n\n\n\n     In order to assist incumbent bargaining unit employees who\n\nfor any reason anticipate that they may have difficulty in\n\nperforming well enough on aptitude tests utilized by the Company\n\nto determine qualifications of job bidders, the Company agrees\n\nthat it will offer a basic skills training course \n\n66\n\n(covering reading and math skills) to all interested employees at least\n\ntwice a year.  Attendance at such training course shall be\n\nentirely voluntary, on the participating employee's own time, and\n\nuncompensated.\n\n\n\n     In general, aptitude tests (designed to test a candidate's\n\nknowledge, skills and abilities for performance of job\n\nfunctions), when administered, will be given to candidates prior\n\nto selection of an employee to fill a job and used to assess the\n\ncandidate's capabilities for completing training and successfully\n\nperforming the job.  Proficiency testing may be used to assess\n\njob knowledge at the preselection stage, where prior experience\n\nand\/or specific job knowledge are prerequisites to selection for\n\na job, or after the completion of training to assess whether the\n\nemployee has acquired sufficient job knowledge through training\n\nto be able to perform the responsibilities of the job\n\nsuccessfully.  Testing for aptitude and proficiency will be\n\nlimited to testing for knowledge, skills and abilities necessary\n\nfor successful job performance, and the Union agrees that\n\nselection procedures meet this criterion if professionally\n\ndeveloped and validated in accordance with the Principles for\n\nValidation and Use of Personnel Selection Procedures issued by\n\nthe Society for Industrial and Organizational Psychology.\n\nFurther, tests that have been in recent use in the Company's\n\nemployee selection procedures shall be presumed to meet this\n\ncriterion until new, professionally developed tests are\n\navailable.\n\n\n\n     A successful bidder must be transferred to his new position\n\nwithin fifteen (15) days.  If transfer to the new position takes\n\nlonger than fifteen (15) days, he\/she will in any event, be\n\nentitled to the higher rate of pay (if a higher rate is otherwise\n\napplicable under the terms of this Agreement) effective fifteen\n\n(15) days after an award.  An employee who successfully bids on a\n\nhigher rated job will receive the 3-month rate for that job or\n\ntheir current rate, whichever is higher, and will progress\n\nthrough the wage schedule thereafter.\n\n67\n\n\n     In the event that none of the bidding employees are\n\nqualified for the available position, the Company may go outside.\n\n\n\n     Each employee shall be eligible for only one successful\n\nlateral bid per year.  In addition, each employee shall be\n\neligible for only two (2) successful upgrade bids in a calendar\n\nyear.  But, in no event, shall any employee be eligible for more\n\nthan two (2) successful bids in one (1) calendar year.\n\nTherefore, an employee who has successfully bid laterally shall\n\nbe allowed only one (1) upgrade bid.\n\n\n\n     If a bidding employee refuses an award, that employee shall\n\nnot be entitled to bid on any other job for a period of one (1)\n\nyear.\n\n\n\n     Any employee selected for a new position in accordance with\n\nthis Article shall be on probation which will not last more than\n\nninety (90) days, to demonstrate the necessary skill, ability and\n\nphysical capability to learn and perform all aspects of the work\n\nin a satisfactory manner consistent with the Company's overall\n\ninterests of ensuring regulatory compliance and product quality\n\nand integrity, and maximizing productivity, efficiency and\n\nsafety.  Such probationary period may be extended for an\n\nadditional thirty (30) days on mutual agreement between the Union\n\nand the Company.  At any time during the probationary day period\n\nthe Company may elect to return the employee to his old job and\n\nis under no obligation to retain in the position an employee who\n\nhas been determined by the Company to be unsatisfactory for any\n\nreason.\n\n\n\n     In the event that an employee awarded a bid is not\n\nsuccessful during the probationary period (i.e., performance is\n\ndeemed by the Company to be unacceptable or employee decides to\n\nreturn to previous position), the Company shall award the job to\n\nthe next senior bidder whose name appears on the original bid\n\nlist, assuming that such employee is deemed by the Company to be\n\nqualified for the \n\n68\n\nnew position.  After exhausting those employees\n\ndeemed by the Company to be qualified on the original bid list,\n\nthe Company, in its sole and unrestricted discretion, may fill\n\nthe position by hiring from among applicants from outside the\n\nCompany.\n\n\n\n     Any employee who voluntarily returns to his old job during\n\nthe probationary period shall not be eligible to bid on any new\n\njob for a period of twelve (12) months.\n\n\n\n     New employees shall not be permitted to bid on any new job\n\nuntil they successfully complete their probationary period.\n\n\n\n\nXXX.   CREDIT UNION CHECK-OFF\n\n1.          In a manner and to the extent permitted by law, the\n\nCompany agrees to deduct each week from the wages of each of its\n\nemployees who are members of the Union and who have voluntarily\n\nauthorized same, the prescribed credit union deductions and to\n\nremit the same monthly to the Union.  Each authorization shall be\n\nin writing, signed by the employees, and shall be delivered by\n\nthe Union to the Company.  The Union agrees to indemnify and save\n\nthe Company harmless from any and all claims and\/or disputes\n\narising out of the Company's actions in compliance with this\n\nprovision.\n\n\n\n2.          The Company agrees to allow payroll deductions for\n\nthe Local 8-149 OCAW Federal Credit Union.  Such deductions, if\n\nelected by employee, are to be made on a weekly basis and\n\nremitted on a monthly basis.\n\n\n\nXXXI.       401(k) PLAN (EMPLOYEE SAVINGS AND RETIREMENT PLAN)\n\n1.          The employees may elect to contribute two percent\n\n(2%) of annual straight time wages and have the option of\n\ncontributing up to twelve percent (12%) of annual straight time\n\n\n69\n\nwages according to the by-laws of the plan.  The Company agrees\n\nto match at one hundred percent (100%) the first two percent (2%)\n\nof each participating employee's annual straight time wages\n\ncontributed to the plan.\n\n\n\n2.          The Company guarantees past service credit for\n\nvesting purposes only for employees hired prior to July 1, 1983.\n\nThe minimum vesting schedule shall be as follows unless changed\n\nby Federal Regulations:\n\n\n\n           20% after 1st year of service\n\n           40% after 2nd year of service\n\n           60% after 3rd year of service\n\n           80% after 4th year of service\n\n          100% after 5th year of service\n\n\n\nIf an employee quits or is terminated, he shall receive all of\n\nhis contribution and interest earned pursuant to the above\n\nschedule.\n\n\n\n3.          An employee must be eighteen (18) years of age or\n\nolder in order to be eligible to participate in the employee\n\n401(k) Plan.\n\n\n\n4.          All employees hired before October 23, 1978 will\n\nreceive a one-time severance pay as follows:\n\n\n\n          (a)       Two percent (2%) of their straight-time pay earned\n\n     since they began working with Barr until July 1, 1983.\n\n70\n\n\n          (b)       Collect a lump sum at age 55 or upon retirement, if\n\n     they retire after age 55 at their option.\n\n\n\n          (c)       Provided they are employed as of July 1, 1984.\n\n\n5.          The plan shall be attached hereto and become a part\nhereof.\n\n\n6.          The Company will notify the Union in advance and\n\ndiscuss any changes in the 401(k) Plan.  Any such changes will\n\nnot have retroactive effect.  The Company and the chief shop\n\nsteward will regularly educate the employees in regard to the\n\n401(k) Plan.\n\n\n\nXXXII.      SUCCESSORS AND ASSIGNS\n\n     This Agreement will be binding upon successors and\/or\n\nassigns and shall survive any sale, change of name or\n\nreorganization.\n\n\n\nXXXIII.     SEVERANCE PAY\n\n     Employees who are permanently laid off or who retire at age\n\n59-1\/2 or after, shall be eligible to receive severance pay as\n\nfollows:\n\n\n\n          0 but less than 1 Year of Service       None\n\n          1 Year of Service\n          but less than 2 Years of Service        1 Week\n\n          2 Years of Service\n          but less than 5 Years of Service        2 Weeks\n\n          5 Years of Service\n          but less than 8 Years of Service        4 Weeks\n\n          8 Years of Service\n          but less than 10 Years of Service       6 Weeks\n\n71\n\n          10 Years of Service\n          but less than 12 years of Service       8 Weeks\n\n          12 Years of Service and over           10 Weeks\n\n\n     Pay for each week of severance entitlement shall be paid at\n\nforty (40) hours per week at the employee's straight time rate.\n\n\"Permanent layoff\" as used in this Section shall mean a layoff\n\nthat is contemplated by the Company at the time it is implemented\n\nto result, or does in fact result, in the affected employee\n\nlosing work for a period of one (1) year or more.  Severance pay\n\nas hereinbefore provided shall be payable within ten (10) days of\n\nthe anniversary of the effective date of the employee's layoff,\n\nexcept that severance pay for employees laid off prior to the\n\neffective date of this Agreement shall be payable within ten (10)\n\ndays after the second anniversary of their layoffs.  Permanently\n\nlaid off employees entitled to severance pay pursuant to this\n\nArticle may request early payment of their severance pay benefits\n\nwithin sixty (60) days of their layoff (or, in the case of\n\nemployees laid off prior to the effective date of this Agreement,\n\nwithin fourteen (14) months of their layoff), and severance pay\n\nin such cases shall be payable within ten (10) days of the\n\nCompany's receipt of the request.\n\n\n\nXXXIV.      DURATION AND TERMINATION\n\n     This Agreement shall be in full force and effect, commencing\n\nApril 1, 1996 up to and including March 31, 2001, and shall\n\nautomatically renew itself from year to year thereafter, but\n\neither party may terminate it or propose modifications or\n\namendments at the end of the contract expiration date and the end\n\nof each year thereafter, by giving the other party written notice\n\nby registered mail no earlier than ninety (90) days nor later\n\nthan sixty (60) days before each automatic renewal date.\n\n72\n\n\n     It is agreed that all rights and obligations arising under\n\nor provided in this Agreement shall expire on its termination\n\ndate.\n\n\n\n     IN WITNESS WHEREOF, the parties hereto have set their hands\n\nthe day and year first above written.\n\n\n                              OIL, CHEMICAL AND ATOMIC WORKERS\n                              INTERNATIONAL UNION, LOCAL 8-149,\n                              AFL-CIO\n                              \n                              \n                              \n                              By           \/s\/ Mark Dudzic\n                                   Its     President, O.C.A.W. Local 8-149\n                              \n                              \n                              BARR LABORATORIES, INC.\n                              \n                              \n                              \n                              By            \/s\/ Catherine F. Higgins\n                                            Vice President Human Resources\n\nCOMMITTEE:\n\n\nBy   \/s\/ Raymond Stever\n\n\nBy   \/s\/ Brian Kopac\n\n\nBy   \/s\/ Jean Lahens\n\n\nBy   \/s\/ Larry Graham, Int'l Representative, O.C.A.W. 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