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EXHIBIT 10.13
INDEX
<TABLE>
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PAGE PARAGRAPH
<S> <C> <C>
AGREEMENT................................................. 2 2
ARBITRATION............................................... 5-6 14-17
ATTENDANCE & PERSONAL DAY................................. 17 74
BARGAINING UNIT WORK,
NON-PERFORMANCE OF...................... 2 6
BREAK AND LUNCH PERIOD.................................... 14 63-64
DEATH IN IMMEDIATE FAMILY................................. 15 67
DISABILITY OPERATION ASSIGNMENT........................... 15 66
DUES DEDUCTION, WEEKLY.................................... 3 8
EQUAL EMPLOYMENT OPPORTUNITY.............................. 14 62
GRIEVANCE PROCEDURE....................................... 4-5 13
HOLIDAYS.................................................. 17 75-77
HOURS OF WORK............................................. 6 19-20
JURY DUTY................................................. 16 68
LAY-OFF................................................... 8-9 27-33
LAY-OFF, DEFINITION OF.................................... 8 25-26
LEAVES OF ABSENCE......................................... 12-13 48-56
MANAGEMENT RESPONSIBILITIES............................... 2 5
MILITARY.................................................. 14 61
NO STRIKE - NO LOCKOUT.................................... 6 18
NOTIFICATION OF ADDRESS, TELEPHONE
NUMBER AND MARITAL STATUS........................ 10 38
OCCUPATIONAL INJURY, ILLNESS
OR ALLERGY....................................... 15 65
OPENING STATEMENT......................................... 1 1
</TABLE>
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INDEX
<TABLE>
<CAPTION>
PAGE PARAGRAPH
<S> <C> <C>
OVERTIME.................................................. 11-12 45-47
PAY, RATES OF............................................. 19 83-88
PAY, REPORT IN............................................ 13 59
PLANT VISITATION.......................................... 3 9
POSTING AND BIDDING OF OPEN JOBS.......................... 10-11 39-44
RECALL..................................................... 9-10 34-37
RECOGNITION............................................... 2 3-4
RETIREMENT................................................ 18-19 82
SANITATION, HEALTH AND SAFETY............................. 14 60
SAVINGS AND SEPARABILITY CLAUSE........................... 19 89
SENIORITY................................................. 6-7 21-24
SHIFT ASSIGNMENT.......................................... 16 71
SHIFT PREMIUM............................................. 16 69-70
TERMINATION AND RENEWAL................................... 20 90
TRANSFER OF EMPLOYEES..................................... 13 57-58
UNION REPRESENTATION...................................... 3-4 10-12
UNION SECURITY............................................ 2 7
VACATIONS................................................. 16 72-73
WELFARE BENEFITS.......................................... 17-18 78-81
EXHIBIT "A"
LETTERS
</TABLE>
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OPENING STATEMENT
1. Our goal is to establish Local 848 and Escalade Sports' working
relationship as the standard of excellence. The employees of Escalade
Sports recognize that the Company exists because of our customers and
Escalade's success is dependent on meeting their expectations.
Each employee must be committed to providing:
* A quality product
* At a cost that lets us compete with anyone
* Delivered on time
* With excellent customer and consumer service
To achieve this commitment, each employee has the responsibility to:
* Be dependable, dedicated and honest
* Perform their work with pride, care and accuracy
* Maintain a high level of output
* Continually strive to find improvements
* Be receptive to change
* Help fellow employees do their job better
* Have concern for the safety of self and others
* Keep a positive attitude
* Always show consideration and respect for others
* Maintain open lines of communication.
The parties to this Agreement recognize that the security of both are
best achieved by mutually striving for efficient and profitable plant
operations and the maintenance of harmonious relations between the
parties.
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AGREEMENT
2. This Agreement is entered into on May 1, 2000 by Indian Industries,
Inc, dba Escalade Sports at its location presently at 817 Maxwell Ave.,
Evansville, Indiana, and the International Union of Electronic,
Electrical, Salaried, Machine and Furniture Workers, AFL-CIO, and Local
848.
RECOGNITION
3. The Company agrees to recognize the Union as the exclusive bargaining
agent with respect to wages, hours and other working conditions for its
employees.
4. The term "Employee" as in this Agreement shall include all production
and maintenance employees of the Company employed at its Evansville,
Indiana facility presently located at 817 Maxwell, Evansville, Indiana
including group leaders, shipping clerks and plant clerical; excluding
all office clerical employees, professional employees, guards and
supervisors as defined in the act.
MANAGEMENT RESPONSIBILITIES
5. The Company retains the right to operate, control and manage its
business, and the supervision and direction of the employees in that
business are and shall continue to be the exclusive right and
responsibility of management. All of the rights of management, which
are not restricted by a specific provision of this Agreement, are
retained by the Company.
NON-PERFORMANCE OF BARGAINING UNIT WORK
6. The Company agrees that management will not perform work customarily
performed by employees except in emergencies, to instruct or train
employees, to prepare samples, to replace an absent employee for whom a
qualified replacement is not then available, to do developmental work
on or to test equipment, products or methods, to take inventory, or
when production difficulties arise or as a management trainee for an
amount of time up to 80 hours.
UNION SECURITY
7. All present senior employees as well as new hires after completion of
the (90) ninety day probationary period, as a condition of continued
employment, will be covered by this Agreement and will maintain good
standing membership in the Union by paying uniform initiation fee and
membership dues.
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<PAGE> 5
WEEKLY DUES DEDUCTIONS
8. After the completion of the probationary period, the Company will
deduct the initiation fee and weekly dues upon receipt of the
appropriate authorization form signed by the employee. All monies will
be remitted to District 8, International Union, and to the Financial
Secretary -Treasurer(s), Local 848, no later than five (5) business
days after deduction. The Union will defend and indemnify the Company
against any claim or suit arising out of Company action for dues or
initiation fee deductions.
The Company also agrees to provide for voluntary C.O.P.E. deductions
and to remit the amounts deducted within 14 days of the end of each
calendar quarter. The Union will be responsible for developing the
deduction authorization form and handling both the initial enrollment
and an annual enrollment. Except for new seniority employees who will
be allowed to enroll upon hire, no new enrollments or changes to
deduction amounts will be permitted other than at the annual
enrollment, provided however that any enrolled employee may discontinue
his deduction in its entirety at any time. The Union agrees to pay the
company a one time amount of $100 for establishing the voluntary
C.O.P.E. deduction program and a quarterly amount of $35 for on-going
administrative costs.
PLANT VISITATION
9. Appropriate Union Representative(s) are welcome at the Company to
assist in the constructive resolution of issues.
UNION REPRESENTATION
10. The following areas will be represented by a designated Steward and
plant Chief Steward.
Archery, Customer Service: Depts. 200,604
Pool: Dept. 400
Receiving, Basketball, Powder Coat, Welding & Kit Area: Depts. 070,500,
110,120
Table Tennis, Press Shop, Paint Line: Depts. 100,300,
305
Shipping: Dept. 095
Maintenance, Mach.: Depts. 80, 85
Whenever a second or third shift is employed, there will be one Steward
for each shift. An additional Steward will be added if more than
thirty-five (35) are employed. No disciplinary actions shall be taken
during overtime hours unless the District Steward is working and
available if requested.
11. District Steward, Chief Steward, President and grievant (where
applicable) shall be paid for time lost while participating in the
steps of the Grievance procedure. President and Chief Steward will be
allowed necessary in-house paid time off the job to help resolve issues
and investigate grievances.
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12. For continuity of Union leadership, the President, Chief Steward, and
District Stewards will have top seniority on their then shift in their
classification and district for layoff, bumping by other employees who
are exercising shift preference, and recall from layoff only, provided
they are capable of performing the available work with a minimum amount
of training. The number of Union officials on the negotiation team will
be limited to 2 in any classification, if more than 2, the junior(s)
will be given options 90 days prior to the termination of the current
contract. The employee(s) that vacate a job for this reason will
receive the rate of pay of the job to which they are placed or their
regular rate of pay whichever is higher. The vacated job shall be
filled first by recall if anyone holds recall rights, or by temporary
transfer. After the contract talks are concluded the employee(s) will
be returned to the job vacated.
GRIEVANCE PROCEDURE
13. To resolve issues an employee should:
Step 1. Discuss the issue with their supervisor or appropriate
management representative within five (5) working days from date the
issue arose. The issue will be answered promptly and if settled at Step
1 will not set a precedent by either party.
If a Union Steward is requested, the Steward will be allowed time to
discuss the issue with the employee. If the issue is not settled at
Step 1 then the issue will be reduced in writing and proceed to Step 2
within three (3) working days from the answer given at Step 1.
Step 2. The Chief Steward, involved Union Steward, Company
Representatives and employee, if requested, will meet within five (5)
working days from the Step 2 appeal to resolve the issue.
All facts will be provided by the parties to help understand and
resolve the issue. The Company shall give its answer within five (5)
working days of the Step 2 meeting. If the issue is not settled at Step
2 then within three (3) working days of the Step 2 answer it can be
referred to Step 3.
Step 3. The International Representative, President of the Union, Chief
Steward, and employee, if requested, will meet with Company
Representatives within ten (10) working days from the Step 2 answer.
The Company shall give its answer within five (5) working days from the
date of the Step 3 meeting. Any issue with respect to disciplinary
suspension and/or discharge of a seniority employee shall start at Step
3. A Union Steward or an officer of the Union is to be present at the
time of disciplinary suspension and/or discharge, if available. If a
Union Representative was not present, then the Company will notify the
Union of such action within one (1) working day. Such issue shall be
considered barred if not presented to the Company within three (3)
working days of the meeting (if Union representation was present) or
the date the Union was notified, whichever applies.
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Any of the times provided for throughout the issue resolution language
may be extended in writing by mutual agreement. The term "working days"
as used in the issue resolution procedure means Monday through Friday.
An issue not appealed within the time limits shall be considered
settled on the basis of the Company's last answer. If the Company fails
to comply with any of the time limits herein, the grievance shall be
resolved in favor of the Union.
ARBITRATION
14. Any issue which is not settled in Step 3 of the issue resolution
procedure may be submitted to an impartial arbitrator. Notice of intent
to appeal any issue to an impartial arbitrator shall be filed in
writing with the other party within fifteen (15) days after the final
decision has been given by the Company in Step 3; otherwise, such
grievance shall be considered settled on the basis of the decision so
given. The fifteen (15) day period provided for in this paragraph will
be extended an additional fifteen (15) days at the request of the
Union. If such a request is made, there shall be no liability on the
Company for back pay or any other liability for the fifteen (15) day
extended period.
15. A panel of potential arbitrators will be obtained from the Federal
Mediation and Conciliation Service. The Company or the Union may reject
the panel in total within 15 working days and a new panel will be
obtained from the F.M.C.S. Neither party may reject two consecutive
panels.
After a panel is approved by both the Company and the Union, the
Company and the Union will meet within two weeks to select an
arbitrator. The Company and Union will alternate in rejecting
individual arbitrators from the list. The last arbitrator remaining
will be utilized.
If a single issue is involved in more than one unsettled grievance that
has been appealed following step 3, all such grievances will be
submitted together for determination by one arbitrator. Unsettled
grievances involving multiple issues will not be submitted to a single
arbitrator for a determination at one time unless otherwise agreed by
the Company and the Union.
The arbitrator will be requested to render a decision within fifteen
calendar days after closing the proceeding and to send two copies of
the signed decision to each of the parties. The decision of the
arbitrator shall be final and binding on both parties.
The losing party, as determined by the arbitrator, shall pay the
arbitrator's fee and the cost of the hearing room. In cases of split
decisions, as determined by the arbitrator, the Company and the Union
shall share equally the arbitrator's fee and the cost of the hearing
room.
16. The arbitrator shall have no power to add to, subtract from, or modify
any of the terms of this Agreement or any supplemental agreement.
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17. The arbitrator will make a decision based upon the evidence submitted
by both parties and where the arbitrator so decides, in cases where the
employee was penalized by loss of working time, the Company will pay
such employee's back wages computed on the basis of actual lost wages
during the lost working time, less unemployment compensation and
compensation from any other source, which such employee may have
received during the period of separation from the payroll of the
Company.
NO STRIKE-NO LOCKOUT
18. The Parties agree there will be no strike or lockout during the terms
of this Agreement. Participation of any employee in a strike, slow down
or work stoppage shall be grounds for disciplinary action up to and
including discharge. No employee shall be required to cross a picket
line at any work site other than at the Company's plant location.
HOURS OF WORK
19. This paragraph defines the normal hours of work and shall not be
construed as a guarantee of hours of work per day or per week. The
normal work week will be Monday through Friday. The work shift shall
normally consist of eight (8) hours of work plus an unpaid lunch period
of thirty (30) minutes.
20. The shifts are normally scheduled between the following hours:
First Shift - 7:00 A.M. - 3:30 P.M.
Second Shift - 3:30 P.M. - 12:00 A.M.
Third Shift - 11:00 P.M. - 7:00 A.M.
Except in the case of emergency or because of production requirements
where the Company may pre-arrange a shift schedule for employees. In
the case of a shift change for production requirements, the Company
will give twenty-four (24) hour notice where possible.
SENIORITY
21. There shall be a probationary period of ninety (90) days. The Company
can extend the probationary period for an additional thirty (30) days
for new employees initially hired into the machinist/maintenance
classifications. Seniority will be plant wide at the end of the
probationary period, except that a new seniority employee will not hold
any classification until the earlier of:
A) the completion of an additional ninety (90) days of service, or
B) lay-off of all probationary employees.
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22. If a seniority employee, who is laid off and whose seniority expires
without being recalled, is rehired within one (1) year of his date of
layoff, such employee's seniority will date from date of last hire
prior to such rehire, and the probationary period will be waived. If a
probationary employee, who is laid off before acquiring seniority, is
rehired within one (1) year of his date of layoff, such employee's
seniority will date from date of last hire prior to such rehire, and
the probationary period previously served while on the active payroll
will be credited. This paragraph does not apply to employment
termination other than as specified in this paragraph.
23. When two (2) or more employees have the same hire date, their position
on the seniority list shall be established alphabetically, A, B, C,
etc. being the most senior; a later change in last name will not change
an employee's seniority rank. Until such time as a new employee has
acquired seniority rights, the new employee shall be considered a
temporary employee with no seniority at the Company and shall have none
of the rights, privileges, or benefits set out in this Agreement for
seniority employees.
24. Seniority will be broken and employment shall be terminated for any
one of the following reasons:
(A) Quit;
(B) If an employee is absent from work without notifying the Company
by the end of the second scheduled shift that they will be unable
to report they will be considered as having quit;
(C) Discharge for just cause;
(D) If an employee does not report to work by the start of the
employee's next scheduled work shift after receiving notice of
recall from layoff. An employee may delay his recall date for up
to 5 working days from the date of receiving personal notification
if they notify the Company within 24 hours of personally receiving
recall notification from any source;
(E) Failure to return from Leave of Absence as specified in paragraph
50; and,
(F) If any employee is laid off for a period of time longer than
provided in the following schedule for such employee's length of
employment:
Length of Employment Length of Layoff
-------------------- ----------------
End of probation- up to 6 months 1 year
Over 6 months - Length of employment Three years
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<PAGE> 10
DEFINITION OF LAYOFF
25. The term layoff will mean a reduction of work force due to lack of
production requirements. Changes or modifications in work schedules up
to ten (10) working days due to temporary production stoppage as a
result of, but not limited to, lack of usable materials, equipment
failure, mechanical difficulties, process difficulties, acts of God,
and the like, will not be considered a layoff for purposes of any
paragraph of this Agreement. Company will advise the Chief Steward
prior to any layoff being conducted.
26. The Company will assign inventory taking to employees on the basis of
seniority if such employees are qualified to do the work.
LAYOFF
27. In the event of a layoff, the Company will determine which
classifications will be affected by the layoff. Once determined, the
Company will layoff probationary employees first, then employees with
the least amount of seniority in the affected classifications provided
that employees remaining in such classification are qualified to
perform the work efficiently with adequate training.
28. A seniority employee being laid off may at his option displace the
least senior employee in:
(A) A previously held and successfully performed job classification in
Class 2 or 3 with same or lower rate of pay, or;
(B) A previously held and successfully performed job classification in
Class 2 or 3 with a higher rate of pay if held within the last
five years, or;
(C) In a classification in Class 1.
29. A seniority employee may displace another employee if he has greater
seniority. If the employee to be laid off cannot perform in the job
displaced into, the employee will be considered disqualified. He shall
then:
(A) Go to an open job previously bid but not filled or,
(B) They will bump the least senior employee holding a Class 1 job
that he/she has not been disqualified from.
30. Within a classification experiencing a lay-off, a seniority employee
may volunteer to take a layoff in place of a less senior employee
within the same classification. Additionally, a seniority employee
being displaced in another classification may volunteer to take a
layoff rather than displacing another employee in a different
classification. In the case of all such voluntary layoffs, affected
employees will only be recalled to their primary. If, prior to recall
any such job is discontinued, the laid off employee will automatically
be placed on regular layoff and will be recalled in the manner provided
in paragraph 34. A seniority employee on voluntary layoff may request
such status be changed to regular
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layoff provided such request is made to the Company in writing no less
than three (3) work days prior to a recall which would provide such
employee with recall rights to a classification other than his primary.
An employee may change his voluntary layoff status to regular layoff
status under this paragraph no more than one (1) time each thirty (30)
days. If the Company has recalled all regular layoff employees and
further recall is necessary, the least senior on voluntary layoff who
is qualified to perform the work will be automatically placed on
regular layoff and will be recalled.
31. During the administration of a layoff, the Company may temporarily
transfer an employee to be laid off from a classification being
reduced, for a period not to exceed three (3) working days.
32. It is agreed during periods of layoff and due to the nature of the
Company's operations, the combination of job classifications is
necessary and can be made. Where a job classification is combined with
one or more other job classifications during a layoff, the Union will
be notified and the most senior employee from among the several
classifications involved who is qualified to perform the work will be
assigned the temporarily combined job. The rate of pay for such
temporarily combined job classification will be the highest standard
rate of any such combined job classifications.
33. In an effort to insure continuity in production, employees may be
retained from layoff up to ten (10) work-days for the sole purpose of
training their replacement. When additional training time is required,
it will be mutually agreed upon by the parties.
RECALL
34. Recall from layoff shall be conducted as follows:
1. Employees in the plant to their primary by seniority unless a
more senior employee is on voluntary layoff in which case he
would be recalled first.
2. Then recall from outside the plant the most senior employee:
(A) To a previously held job (Class 2 or 3) within the past
five (5) years, or
(B) To a job in Class 1.
3. Then if the job is still not filled it will be posted.
4. If the jobs are not filled in this manner and senior employees
are still on layoff, the most senior among them who is
qualified to perform the work will be recalled to the open
job, except as provided in paragraph 30 employees who have
volunteered to take a layoff will only be recalled to their
primary. Openings for skilled classifications will be filled
by recall only from among seniority employees laid off from
the affected skilled job classification. An employee on
regular layoff who is recalled to a classification other than
his primary may change his layoff status to voluntary and
remain on layoff, provided that the last sentence of paragraph
30 is not applicable.
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In the event the Company is unable to reach an employee during layoff
or recall the Company will place the unavailable employee into a job
indicated by the employee's selection on a form provided by the
Company. It will be the responsibility of the employee to change the
selection form if their options change.
35. If all open positions are not filled in the affected job
classification(s) in the manner provided in paragraph 34, the Company
can fill the position in any way.
36. If an employee is recalled to a labor grade that results in a promotion
this classification becomes their primary.
37. In lieu of layoff, an employee transferred into another job
classification, may request such job classification as his new primary
job classification provided he has demonstrated the ability to perform
the job proficiently.
NOTIFICATION OF ADDRESS, TELEPHONE NUMBER
AND MARITAL STATUS
38. Employees will promptly notify the Company in writing of changes in
address, phone, or marital status. When the Company notifies
employee(s) the notice will be properly given by phone or sent
certified mail to the last address of the employee on the Company's
record.
POSTING AND BIDDING OF OPEN JOB
39. When the Company determines that there is a vacancy, the Company will
post such vacant job for twenty-four (24) hours on the bulletin boards
and seniority employees on the then active payroll of the Company may
sign their names to any such job postings. The Company may temporarily
fill a vacancy pending final selection of an applicant. The Company
will render a decision within five (5) working days as to who, if any,
among the eligible seniority employees who signed their names to such
posting was selected to fill the vacancy. The five (5) working day
period shall begin the first full day after the bid is removed from the
bulletin boards.
40. The normal bidding procedure does not apply to skilled jobs, however,
the Company will notify employees of vacancies and consideration shall
be given to employees who may be qualified.
41. The senior bidder having the acceptable qualifications to perform the
job shall be awarded the job bid. Testing will accurately reflect the
qualifications necessary to perform the job.
42. The term "qualification" in this Agreement refers to a combination of
skill, capability, physical suitability, applicable previous
experience, education, dependability and work record. The terms
"qualify" or "qualified" in this Agreement mean that the particular
employee possesses the above items to the degree necessary to perform
the job in question.
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43. A seniority employee may bid for and be awarded up to 3 bids during a
period of 12 consecutive months. If an employee bids off the awarded
job within 60 days, the job will not be considered as having been held
when considering layoff and recall. Employees are eligible to bid after
5 months of employment since last hired.
44. If an open job is posted and filled, then vacated within twenty (20)
days from the effective date it was filled, such job need not be
re-posted but may be filled on the basis of the original bid sheet
posted as provided in paragraph 39.
OVERTIME
45. Time and one half shall be paid for all work in excess of eight (8)
hours per day and on Saturday. Double time will be paid for Sunday.
Straight time shall be paid for the first eight (8) hours worked Monday
through Friday (Sunday through Thursday for third shift). There shall
be no pyramiding of premium pay.
46. A reasonable amount of overtime is expected. Personal reasons will be
considered when assigning overtime.
1. After three (3) consecutive Saturdays employees may decline the
following Saturday.
2. Sunday and holidays are voluntary.
3. After three (3) consecutive weeks when the total overtime worked
exceeds forty (40) hours, overtime during the fourth week may be
declined. In case of emergencies, overtime will be expected. Once
accepted, voluntary overtime will be considered as scheduled work.
47. Overtime will be assigned as follows:
1. First to employees currently holding the classification performing
the work.
2. Then to employees with the most seniority currently holding the
classification able to perform the work.
3. Then to employees who last performed the work who don't currently
hold the classification.
If possible, employees will be notified by mid-shift of the day
overtime is to be worked and if possible, employees will be notified
twenty-four (24) hours in advance for Saturday, Sunday, or a holiday
except in case of emergency.
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LEAVES OF ABSENCE
48. All requests for leaves of absence must be in writing stating the start
and ending dates and the reason. The reason need not be given for sick
leave. The Union will be notified of any leave and employees on leave
will maintain and accrue seniority. Except for compelling
circumstances, the employee will give at least five (5) working days
prior notice to the day on which the leave of absence would become
effective if granted by the Company. The Company also requires a five
(5) working day notice prior to an employee returning early from their
leave.
49. An employee who works for another employer during a leave of absence or
who fails to return to work without notifying the Company by the end of
their 2nd scheduled shift after the expiration of their leave will be
terminated.
50. Upon return from leave of absence, the employee shall first:
1. Return to the job classification which such employee held at the
time the leave began provided the employee's seniority is greater
than the least senior employee in such classification and provided
the employee is qualified to perform the work available in such
job,
2. If such job is not available, the employee may exercise his rights
under the layoff provisions of this Agreement.
51. The Company shall have the right to temporarily fill any job left
vacant due to granting an employee a leave of absence, except that,
should such period exceed sixty (60) working days such job will be
considered an open job and will be filled in accordance with the
provisions of this Agreement.
PERSONAL LEAVE
52. Personal leaves without pay may be granted. An employee who has
experienced a death or catastrophic illness in their immediate family
may be granted a Personal Leave without pay prior to expending their
vacation or personal day. In all other situations, the employee will
first be required to use their personal day and all but five (5) of
their remaining vacation days before a personal leave without pay will
be granted.
SICK LEAVE
53. Sick leaves will take effect when an employee is absent three (3)
consecutive working days beginning with the first day the employee
sought medical treatment and will be retroactive to that day. Employees
must provide proper medical documentation before the leave will be
granted.
54. Sick leaves may be extended as necessary for up to employee's length of
service but not to exceed the greater of fifteen (15) months during a
three (3) year period or twelve (12) weeks in a one (1) year period.
Exception may be made in rare and unusual cases. For all sick leaves, a
physician statement is required and the Company may have the employee
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examined by a physician of its own choosing. A physician statement
releasing the employee to return to work is also required.
OCCUPATIONAL LEAVE
55. An employee who incurs an injury or illness arising out of the course
of employment shall be granted a leave without pay up to one (1) year.
UNION LEAVE
56. Union leave of absence will be granted without pay for a maximum of
four (4) employees for up to seven (7) working days and for one (1)
employee who is appointed to a full time position with the
International or District for a maximum of two (2) years which may be
extended.
TRANSFER OF EMPLOYEES
57. The Company may temporarily transfer employees for a period of time
normally not to exceed ten (10) consecutive working days. In the event
further temporary assignment is necessary, the supervisor will notify
the District Steward and the Chief Steward of the reason and the
approximate duration of the temporary work assignment.
58. An employee who is temporarily transferred shall receive the rate of
pay of the job to which he is transferred or his regular rate of pay
whichever is higher.
REPORT IN PAY
59. Employees who report to work or who are called back to work after their
regular shift, will be permitted to work four (4) hours, or, if work is
not available they shall receive at least four (4) hours of pay at the
applicable rate unless they volunteer to leave without pay. Except in
the case of labor disputes, acts of God, or other causes beyond the
control of the Company like, but not limited to, power and machinery
breakdowns, faulty material, fire, and flood.
SANITATION, HEALTH, AND SAFETY
60. The Company and the Union recognize the importance of, and are
committed to maintaining a safe, clean working environment, for the
benefit of all employees. The Company and the Union further agree to
cooperate in achieving continued improvement in the effectiveness of
the present safety program, and to the continued encouragement of
individual employee safety awareness through individual involvement.
MILITARY
61. Employees entering the military shall be placed on leave, and shall be
given all rights provided by applicable law at the time they return.
Employees who take a Military leave of more than one year shall return
to work as a new employee for purposes of their absenteeism percentage
only.
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EQUAL EMPLOYMENT OPPORTUNITY
62. The Company and Union agree that they will not discriminate because of
race, religion, creed, national origin, sex, disability, or age.
BREAK AND LUNCH PERIODS
63. Employees working a regular shift will receive two (2) paid twelve (12)
minute breaks and an unpaid thirty (30) minute meal break. Employees
working a straight 8 will receive two paid nine (9) minute breaks and a
paid fifteen (15) minute meal break. An additional paid ten minute
break will be given between shifts when two (2) hours overtime is
worked. When one (1) hour overtime is worked before the regular shift,
an additional paid five (5) minutes will be added to the first break.
When one (1) hour overtime is worked after the regular shift, an
additional five (5) minutes will be added to the second break.
Employees working a seven (7) hour shift on Saturday will receive two
paid fifteen (15) minute breaks and no meal break.
64. An additional five (5) minutes for discomfort will be added to the
second break on the first shift and to the first break on the second
shift when the heat index is at or above 80. In no event will a break
exceed seventeen (17) minutes (ie, in no event will both the 5 minutes
for one (1) hour overtime after the first shift or 5 minutes for one
(1) hour overtime before the second shift, and the 5 minutes for
discomfort be given). An additional five (5) minutes for discomfort
will be added to the ten (10) minute break between shifts when two (2)
hours overtime is worked after the first shift or before the second
shift and the heat index is at or above 80.
OCCUPATIONAL INJURY, ILLNESS OR ALLERGY
65. Accidents and/or injuries should be reported immediately. An employee
who sustains an injury, illness, or allergic reaction out of their
course of employment will be paid as follows:
1. Any time lost on date of injury
2. Any time lost for follow up treatments. Treatments will be
scheduled off work hours when possible, after consulting the
employee. Any treatments off work hours will be scheduled to avoid
other responsibilities of the employee.
The Company will provide transportation on the day of injury, and for
follow up visits if the employee has no other available transportation.
DISABILITY OPERATION ASSIGNMENT
66. If a seniority employee is unable to perform his current operation due
to a physical or mental disability or due to a disabling allergy, as
supported by a Doctor's (M.D.) statement, the Company will make every
effort to assign the employee to an existing operation in his then job
classification, or to an open job in the plant, provided that such
disabled employee is qualified to perform with such major physical
disability or disabling
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allergy, whichever applies, the job to which being permanently
reassigned, without training and merely upon receiving instructions.
The employee shall receive the rate of pay for the open job to which
they are assigned. An open job created by such reassignment will be
posted for bidding. If the employee cannot be assigned to an existing
operation in his then job classification, or if there are no open jobs
he is qualified to perform, the employee will be given the option to
displace the least senior employee working in the plant in a Class 1
job that he is qualified to perform without training and merely upon
receiving instructions. The displaced employee will be given his
options.
DEATH IN IMMEDIATE FAMILY
67. Senior employees will be permitted five (5) work days at straight time
pay for 8 hours per day for the death of a current spouse or child.
Senior employees will be permitted a maximum of four (4) consecutive
work days at straight time pay for up to 8 hours per day from date of
death to the day after the funeral date of the employee's father and
mother. Senior employees will be permitted a maximum of four (4)
consecutive work days at straight time pay for up to 8 hours per day
from date of death to the funeral date of the employee's brother,
sister, current step parents or current step children. A senior
employee will be paid up to a maximum of eight (8) hours straight time
pay if employee needs to be off on the day of the funeral for their
grandparent, grandchild, current mother-in-law, current father-in-law,
step brother or step sister.
JURY DUTY
68. Seniority employees who are summoned for jury duty shall be paid the
difference between the amount received as a juror and the pay which
they would have earned up to eight (8) hours straight time base rate if
they were scheduled to work. When an employee is released from jury
service, the employee shall immediately report to the Company for work
assignment if there are four (4) or more hours left on the employee's
normal scheduled work shift. If a second or third shift employee spends
four (4) hours or more on jury duty, he shall be excused from work for
that day. The employee must notify the Company prior to his work shift.
Proper documentation reflecting date and time employee was in jury duty
and the amount paid or to be paid by the court is required.
SHIFT PREMIUM
69. A shift premium of fifteen cents (15 cents) per hour will be paid to
all second shift employees.
70. A shift premium of twenty cents (20 cents) per hour will be paid to all
third shift employees.
SHIFT ASSIGNMENT
71. Seniority employees may exercise shift preference within their
classification. The employee may exercise this preference a maximum of
four times a calendar year (not including layoff and recall).
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VACATION
72. Seniority employees will be entitled to vacations on the following
schedule.
Years of Employment Amount of Vacation
1 year 1 week
3 years 2 weeks
8 years 3 weeks
12 years 4 weeks
20 years 5 weeks
Hours lost for worker's compensation will be included in determining
vacation benefits.
73. The policy of the Company with respect to vacations in effect prior to
the effective date of this Agreement shall remain in effect during the
term of this Agreement, except as provided in paragraph 72 above.
ATTENDANCE & PERSONAL DAY
74. The goal is that all employees be at work on all scheduled workdays.
There is a no-fault attendance policy. Specifics of the policy as
negotiated by the Company and the Union is contained in a separate
document, entitled Escalade Sports Attendance Program.
Seniority employees on the active payroll of the Company with at least
six (6) months seniority shall receive eight (8) hours pay at the
regular straight-time hourly base rate for one (1) personal day not
worked each calendar year to be taken with at least thirty (30) minutes
prior notice to the start of the shift (employees are encouraged to
give as much notice as possible).
HOLIDAYS
75. Seniority employees on the active payroll of the Company shall receive
eight (8) hours pay at the regular straight-time hourly base rate for
each of the holidays not worked as follows:
New Year's Eve Labor Day
New Year's Day Thanksgiving
Washington's Birthday Day after Thanksgiving
Good Friday Christmas Eve
Memorial Day Christmas Day
Fourth of July
provided that the employee has worked the last scheduled work day
immediately preceding the holiday, and the first scheduled work day
immediately following the holiday, unless the employee has a reasonable
excuse; except that in the case of Christmas Eve, Christmas Day, New
Year's Eve and New year's Day, seniority employees will receive holiday
pay provided the employee has accumulated thirteen hundred (1300)
working hours during the calendar year.
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76. Time worked on any of the above-named holidays shall be paid for at the
rate of time and one-half in addition to holiday pay (resulting in
payment of double time and one-half), provided the employee has worked
all the regularly scheduled hours in the work week in which the holiday
falls, unless excused.
77. If a holiday falls on a Saturday, it will be observed on Friday. If a
holiday falls on Sunday, it will be observed on Monday.
WELFARE BENEFITS
78. The Company will provide the same sickness and injury benefits as
previously provided, except that the weekly benefit amount will
increase from $150 to $160 effective May 1, 2000.
79. The Company will provide long-term non-occupational disability
insurance coverage with a one year waiting period to employees with 5
or more years of seniority. The monthly benefit will be $600, payable
to age 65 and integrated with any social security benefits, except that
in no event will the monthly benefit be reduced to less than $100.
80. Employees and their dependents, where applicable, will receive the same
health and medical benefits as received under the prior contract except
for the changes, effective May 1, 2000, detailed in the letter of
understanding dated May 1, 2000. The Company can change carriers or
self insure any and all programs.
The base weekly employee premium for health and medical benefits will
be as follows:
5/1/00 4/30/01 4/29/02
Single 41.00 45.74 50.53
Family 92.00 102.40 113.04
Each employee will receive discounts toward his health and medical
benefits premium for participation by the employee and his/her spouse,
where applicable, in the Escalade Sports Health Promotion and Disease
Prevention Program (HPDPP). The Company has provided a copy of the
HPDPP to the Union. The four components of the HPDPP are tobacco free
lifestyle, weight control, blood pressure control, and cholesterol
control.
The employee will receive a eight dollar and fifty cent ($8.50)
discount in year 1 of the contract for each component of the HPDPP that
the employee or his/her spouse participates in. The discount will
increase to $9.50 per component in year 2 and $10.50 per component in
year 3. The weekly premiums net of the HPDPP participation discounts
are shown in the May 1, 2000 letter of understanding.
An employee with family coverage that does not include their spouse
will automatically receive premium discounts as if their spouse
participated in all four components of the HPDPP.
The weekly premium net of discounts for participation in the HPDPP may
be deducted, as
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requested by the employee, on a after tax basis or using pretax dollars
through the Escalade Sports Benefits Redirection Program.
81. Employees will be provided $20,000 life insurance benefits and a total
of $40,000 accidental death benefits (life and AD&D combined).
Effective 5/1/93.
RETIREMENT
82. The Company will increase its contribution, for the purpose of
providing certain retirement benefits as provided in Exhibit D of the
letter of understanding between the Company and the Union dated April
8, 1981, thirty cents ($.30) per hour, for each hour worked by
seniority employees as a group, on May 1, 2000 and to thirty-one cents
($.31) per hour, for each hour worked by seniority employees as a
group, on April 29, 2002.
The Company and Union recognize that Exhibits B and C of the letter of
understanding are no longer applicable.
RATES OF PAY
83. The Company and the Union agree that the Job Classifications and
applicable standard wage rates listed on Exhibit A will be in effect
during the length of the contract. Exhibit A reflects the following
wage increases:
Date Wage Increase
May 1, 2000 $0.50
April 30, 2001 $0.35
April 29, 2002 $0.35
84. New seniority employees hired into Class 1 through 4 will receive a
wage rate no more than one dollar and seventy-five cents ($1.75) below
the standard rate of the job classification to which hired. The rate
for probationary employees hired through temporary agencies will be no
more than two dollars and fifty cents ($2.50) below the standard rate
for the first 90 days.
85. At the week closest to the beginning of each calendar quarter, all
seniority employees not at the standard rate for their classification
will receive a $0.25 increase (or up to the standard rate, if less)
provided they have worked 390 hours since their last such increase.
86. When a seniority employee is promoted to a job classification other
than a skilled job classification such employee will receive the
greater of $0.10 per hour increase or one dollar and seventy-five cents
($1.75) below the top of the rate.
87. In cases of recall and transfer, where the employee is being recalled
or transferred to a job with a higher standard rate of pay, as provided
in various provisions of this Agreement, the rate of pay will be
established in the same manner as provided in the promotional
provisions directly above.
88. In other cases of recall displacement, transfer, lateral or down job
bid, the employee shall
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receive the standard rate of pay for the job to which they are being
moved. Exceptions are as follows: If an employee is not currently at
the top of the rate, they should remain at the same pay rate
relationship on the job to which they are being moved, unless such move
is into a previously held and successfully performed classification.
SAVINGS AND SEPARABILITY CLAUSE
89. In the event any portion of this Agreement should be declared invalid
by a court of competent jurisdiction, the parties shall enter into
bargaining for the portion affected and all other provisions of this
Agreement shall remain in effect.
TERMINATION AND RENEWAL
90. This Agreement shall be in effect from 12:00 A.M. 5/1/00 till 11:59
P.M. 4/27/03. It shall continue in effect from year to year thereafter
unless, by written notice not less than 60 days prior to its
expiration, a party gives notice of its termination. If possible,
contract negotiations shall begin not later than ten (10) days from the
date of written notice.
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91. In witness whereof, the Company and the Union has caused this Agreement
to be executed this 1st day of May 2000.
INTERNATIONAL UNION OF INDIAN INDUSTRIES, INC.
ELECTRONIC, ELECTRICAL,
SALARIED, MACHINE AND
FURNITURE WORKERS, AFL-CIO
/s/ Mike Allen /s/ Daniel A. Messmer
------------------------------- ---------------------------------
Mike Allen Daniel A. Messmer
President President
/s/ Donna Sims /s/ Danny R. Franklin
------------------------------- ---------------------------------
Donna Sims Danny R. Franklin
Vice President Vice President, Operations
Recording Secretary
/s/ Jeff Ragland /s/ Douglas P. Joest
------------------------------- ---------------------------------
Jeff Ragland Douglas P. Joest
Chief Steward V.P. of Administration
And Accounting
/s/ Cliff Payton /s/ Robyn Taylor
------------------------------- ---------------------------------
Cliff Payton Robyn Taylor
Member, Negotiating Committee Director of Employment Services
/s/ Shelba Smith
-------------------------------
Shelba Smith
Member, Negotiating Committee
/s/ Gary Gardner
-------------------------------
Gary Gardner
Representative, IUE-AFL-CIO
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