<PAGE>
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-K/A-1
[X] Annual Report Pursuant to Section 13 or 15(d) of the Securities
Exchange Act of 1934 for the fiscal year ended December 31, 1997.
[ ] Transition Report Pursuant to Section 13 or 15(d) of the Securities
Exchange Act of 1934 for the transition period from to
.
Commission File Number 0-25090
STILLWATER MINING COMPANY
(Exact name of registrant as specified in its charter)
DELAWARE 81-0480654
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(State or other jurisdiction (I.R.S.
of incorporation or organization) Employer
Identification
No.)
717 SEVENTEENTH STREET, SUITE 1480, DENVER, CO 80202
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(Address of principal executive offices and zip code)
(303) 978-2525
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(Registrant's telephone number, including area code)
Securities registered pursuant to Section 12(b) of the Act: None
Securities registered pursuant to Section 12(g) of the Act:
TITLE OF EACH CLASS NAME OF EACH EXCHANGE ON WHICH
- ------------------------- REGISTERED
Common stock, $.01 par value ---------------------------------------
Preferred Stock Purchase Rights The American Stock Exchange
The American Stock Exchange
Indicate by check mark whether the registrant (1) has filed all reports
required to be filed by Section 13 or 15(d) of the Securities Exchange Act of
1934 during the preceding 12 months (or for such shorter period that the
registrant was required to file such reports), and (2) has been subject to
such filing requirements for the past 90 days. [X] YES [ ] NO
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405
of Regulation S-K is not contained herein, and will not be contained, to the
best of registrant's knowledge, in definitive proxy or information statements
incorporated by reference in Part III of this Form 10-K or any amendment to
this Form 10-K. [ ]
As of March 2, 1998, assuming a price of $21.50 per share, the closing sale
price on the American Stock Exchange, the aggregate market value of shares of
voting and non-voting common equity held by non-affiliates was approximately
$438,179,611.
As of March 2, 1998, the Company had outstanding 20,380,447 shares of common
stock, $.01 par value.
Documents Incorporated by Reference: Part III, Items 10, 11, 12 and 13
incorporate by reference portions of Stillwater Mining Company's Proxy
Statement for the registrant's 1998 Annual Meeting of Stockholders.
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PART IV
ITEM 14
EXHIBITS, FINANCIAL STATEMENT SCHEDULES,
AND REPORTS ON FORM 8-K
(a) Documents filed as part of this Form 10-K
1. Financial Statements Page
Report of Management 31
Report of Independent Accountants 32
Balance Sheet 33
Statement of Operations 34
Statement of Cash Flows 35
Statement of Changes in Stockholders' Equity 36
Notes to Financial Statements 37
2. Financial Statement Schedules (not applicable)
(b) Reports on Form 8-K
On November 3, 1997 the Company filed a Form 8-K announcing the
resignation of R. Daniel Williams, Vice President and Chief Financial
Officer
(c) Exhibits.
EXHIBITS
Number Description
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2.1 Exchange Agreement for 10,000 shares of common stock dated October 1,
1993 (incorporated by reference to Exhibit 2.1 to the Registrant's
Registration Statement on Form S-1 (File No. 33-85904) as declared
effective by the Commission on December 15, 1994 (the "1994 S-1")).
3.1 Amended and Restated Certificate of Incorporation of the Registrant
(incorporated by reference to Exhibit 3.4 to the 1994 S-1).
3.2 Amended and Restated Bylaws of the Registrant (incorporated by
reference to Exhibit 3.2 to the 1994 S-1).
4.1 Form of Indenture, dated April 29, 1996, between the Company and
Colorado National Bank with respect to the Company's 7% Convertible
Subordinated Notes Due 2003 (incorporated by reference to Exhibit 4.1
of the Company's Form 8-K dated April 29, 1996).
4.2 Rights Agreement, dated October 26, 1995 (incorporated by reference to
Form 8-A filed on October 30, 1995).
10.1 1994 Stock Plan (incorporated by reference to Exhibit 10.1 to the 1994
S-1), as amended by First Amendment to 1994 Stock Plan dated May 12,
1997
10.2 Employment Agreement with John E. Andrews dated as of September 19,
1994 (incorporated by reference to Exhibit 10.4 to the 1994 S-1).
10.3 Credit Agreement between Stillwater Mining Company as borrower and N M
Rothschild & Sons Limited as Lender, dated as of April 19, 1994
(incorporated by reference to Exhibit 10.7 to the 1994 S-1).
10.4 Mining and Processing Agreement dated March 16, 1984 regarding the
Mouat family; and Compromise of Issues Relating to the Mining and
Processing Agreement (incorporated by reference to Exhibit 10.8 to the
1994 S-1).
10.5 Conveyance of Royalty Interest and Agreement between the Company and
Manville Mining Company, dated October 1, 1993 (incorporated by
reference to Exhibit 10.9 to the 1994 S-1).
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10.6 Agreement for Electric Service between the Montana Power Company and
Stillwater Mining Company dated June 1, 1996 (incorporated by
reference to Exhibit 10.8.1 of the Registrant's 1996 10-K).
10.7 Stock Redemption Agreement by and between the Company and Chevron USA
Inc. and Manville Mining Company, dated July 28, 1994 (incorporated by
reference to Exhibit 10.11 to the 1994 S-1).
10.8 Registration Rights Agreement dated August 23, 1995, amending
Shareholders Agreement (incorporated by reference to Exhibit 4.1 to
Form 8-K filed on August 28, 1995) .
10.9 Employment Agreement with R. Daniel Williams dated August 1, 1995
(incorporated by reference to Exhibit 10.15 to the Registrant's 1995
10-K).
10.10 Residue Refining Agreement between Stillwater Mining Company and
Johnson Matthey, dated as of February 8, 1996 (incorporated by
reference to Exhibit 10.16 of the Registrant's 1995 10-K).
10.11 Equipment Lease Agreement between Stillwater Mining Company and
Senstar Capital Corporation dated October 5, 1995. (incorporated by
reference to Exhibit 10.17 of the Registrant's 1995 19-K).
10.12 Purchase Agreement between Stillwater Mining Company and Senstar
Capital Corporation dated October 5, 1995 (incorporated by reference
to Exhibit 10.17.1 of the Registrant's 1995 10-K).
10.13 Purchase Agreement between Stillwater Mining Company and The Westaim
Corporation, dated October 14,1996 (incorporated by reference to
Exhibit 10.16 of the Registrant's 1996 10-K).
10.14 Employment Agreement with William E. Nettles dated August 13, 1997.
10.15 PGM Concentrate Refining Agreement between the Company and Union
Miniere dated May 8, 1996.
10.16 Articles of Agreement between the Company and Oil, Chemical and Atomic
Workers International Union dated July 1, 1996, as amended by
Tentative Agreement between O.C.A.W. Local Union Number 2-1 and the
Company, dated May 7, 1997.
23.1 Consent of Price Waterhouse LLP.
23.2 Consent of Behre Dolbear & Company, Inc.
27 Financial Data Schedule
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SIGNATURES
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Pursuant to the requirements of Section 13 or 15(d) of the Securities
Exchange Act of 1934, the Registrant has duly caused this amendment to be signed
on its behalf by the undersigned, thereunto duly authorized.
STILLWATER MINING COMPANY
("Registrant")
Dated: April 13, 1998 By: /s/ William E. Nettles
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William E. Nettles
Chairman and Chief Executive Officer
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EXHIBITS INDEX
Number Description
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2.1 Exchange Agreement for 10,000 shares of common stock dated October 1,
1993 (incorporated by reference to Exhibit 2.1 to the Registrant's
Registration Statement on Form S-1 (File No. 33-85904) as declared
effective by the Commission on December 15, 1994 (the "1994 S-1")).
3.1 Amended and Restated Certificate of Incorporation of the Registrant
(incorporated by reference to Exhibit 3.4 to the 1994 S-1).
3.2 Amended and Restated Bylaws of the Registrant (incorporated by
reference to Exhibit 3.2 to the 1994 S-1).
4.1 Form of Indenture, dated April 29, 1996, between the Company and
Colorado National Bank with respect to the Company's 7% Convertible
Subordinated Notes Due 2003 (incorporated by reference to Exhibit 4.1
of the Company's Form 8-K dated April 29, 1996).
4.2 Rights Agreement, dated October 26, 1995 (incorporated by reference to
Form 8-A filed on October 30, 1995).
10.1 1994 Stock Plan (incorporated by reference to Exhibit 10.1 to the 1994
S-1), as amended by First Amendment to 1994 Stock Plan dated May 12,
1997
10.2 Employment Agreement with John E. Andrews dated as of September 19,
1994 (incorporated by reference to Exhibit 10.4 to the 1994 S-1).
10.3 Credit Agreement between Stillwater Mining Company as borrower and N M
Rothschild & Sons Limited as Lender, dated as of April 19, 1994
(incorporated by reference to Exhibit 10.7 to the 1994 S-1).
10.4 Mining and Processing Agreement dated March 16, 1984 regarding the
Mouat family; and Compromise of Issues Relating to the Mining and
Processing Agreement (incorporated by reference to Exhibit 10.8 to the
1994 S-1).
10.5 Conveyance of Royalty Interest and Agreement between the Company and
Manville Mining Company, dated October 1, 1993 (incorporated by
reference to Exhibit 10.9 to the 1994 S-1).
10.6 Agreement for Electric Service between the Montana Power Company and
Stillwater Mining Company dated June 1, 1996 (incorporated by
reference to Exhibit 10.8.1 of the Registrant's 1996 10-K).
10.7 Stock Redemption Agreement by and between the Company and Chevron USA
Inc. and Manville Mining Company, dated July 28, 1994 (incorporated by
reference to Exhibit 10.11 to the 1994 S-1).
10.8 Registration Rights Agreement dated August 23, 1995, amending
Shareholders Agreement (incorporated by reference to Exhibit 4.1 to
Form 8-K filed on August 28, 1995).
10.9 Employment Agreement with R. Daniel Williams dated August 1, 1995
(incorporated by reference to Exhibit 10.15 to the Registrant's 1995
10-K).
10.10 Residue Refining Agreement between Stillwater Mining Company and
Johnson Matthey, dated as of February 8, 1996 (incorporated by
reference to Exhibit 10.16 of the Registrant's 1995 10-K).
10.11 Equipment Lease Agreement between Stillwater Mining Company and
Senstar Capital Corporation dated October 5, 1995. (incorporated by
reference to Exhibit 10.17 of the Registrant's 1995 19-K).
10.12 Purchase Agreement between Stillwater Mining Company and Senstar
Capital Corporation dated October 5, 1995 (incorporated by reference
to Exhibit 10.17.1 of the Registrant's 1995 10-K).
10.13 Purchase Agreement between Stillwater Mining Company and The Westaim
Corporation, dated October 14,1996 (incorporated by reference to
Exhibit 10.16 of the Registrant's 1996 10-K).
10.14 Employment Agreement with William E. Nettles dated August 13, 1997.
10.15 PGM Concentrate Refining Agreement between the Company and Union
Miniere dated May 8, 1996.
10.16 Articles of Agreement between the Company and Oil, Chemical and Atomic
Workers International Union dated July 1, 1996, as amended by
Tentative Agreement between O.C.A.W. Local Union Number 2-1 and the
Company, dated May 7, 1997.
23.1 Consent of Price Waterhouse LLP.
23.2 Consent of Behre Dolbear & Company, Inc.
27 Financial Data Schedule.
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EXHIBIT 10.16
ARTICLES OF AGREEMENT
BETWEEN
STILLWATER MINING COMPANY
AND
OIL, CHEMICAL AND ATOMIC WORKERS
INTERNATIONAL UNION, AFL-CIO,
AND ITS
LOCAL 2-1
JULY 1, 1996
ARTICLES OF AGREEMENT
This Agreement dated July 1, 1996, made and entered into by and
between Stillwater Mining Company (hereinafter referred to as the "Company") and
the Oil, Chemical and Atomic Workers International Union, AFL-CIO, and its Local
2-1 (hereinafter referred to as the "Union").
The general purpose of this Agreement is to foster and promote stable
and cooperative labor relations between the Company and its represented
employees and to promote the mutual interests of the Company and the Union, by
setting forth mutual promises and obligations herein assumed, the parties agree
as follows:
ARTICLE I - RECOGNITION
SECTION 1.
The Company recognizes the Union as the sole and exclusive bargaining
representative for the purpose of collective bargaining with respect to rates of
pay, wages, benefits, hours of employment and other conditions of employment
pertaining to all Stillwater Mining Company employees employed by the Company at
the facilities at Nye, Montana; and the facilities at Columbus, Montana, to wit:
All hourly production and maintenance employees, including warehouse employees
and custodians; but excluding all temporary student summer hires, professional
employees, technical and laboratory employees, office clerical employees,
guards, dispatchers and supervisors, and those above the rank of supervisor, as
defined in the act; National Labor Relations Board case number 27-RC-7563,
Certification dated December 19, 1995.
SECTION 2.
The Company recognizes that the Union's Workers' Committee is the duly
selected body which represents Union interests to the Company. The Workers'
Committee shall be selected by the Union, and consist of seven (7) members,
including the Local Union President who shall be Chair. The six (6) remaining
members of the
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Workers' Committee shall consist of three (3) from the Mine, one (1) from the
Concentrator, one (1) from the Smelter/BMR, and one (1) from Maintenance.
Alternates may be selected to replace members of the Committee who may be
absent.
The Local Union President shall promptly notify the Company, in
writing, of the names of the members of the Workers' Committee and such stewards
as it may select. The Company will be notified, in writing, of any changes and
shall not be required to recognize the above until notified in writing.
The Company recognizes the Workers' Committee as the bargaining
committee for purposes of collective bargaining; as representatives in the
Management-Union Committee meetings as set forth in Article VI; and as stewards
as set forth in Article VII.
The Company recognizes the role of the International Union
Representative. As such, the International Union Representative may be present
at meetings between Management and the Union, provided notice is given in
advance. The Union agrees that such activities will not result in any
disruption of the Company's operations, and employees will not neglect their
duties and responsibilities.
SECTION 3.
The provisions of this Agreement shall be binding upon the Company and
the Union, and its successors and assigns. The provisions of this Agreement
constitute the sole procedure for the processing and settlement of any claim
under this Agreement.
SECTION 4.
There shall be no strikes, work stoppages or work slowdowns by the
Union, or lockouts by the Company, during the term of this Agreement.
ARTICLE II - TERM OF AGREEMENT
This agreement shall remain in effect through 12 noon July 1, 1999,
and if not terminated at the end of that period by sixty (60) days written
notice by one party to the other prior to this date, shall continue in effect
thereafter until terminated by either party upon ninety (90) days written notice
of its desire to terminate or modify this Agreement.
ARTICLE III - MANAGEMENT RIGHTS
The Union recognizes that management retains all the general and
traditional rights to manage the business as well as any rights under law or
agreed to by the parties. These rights rest exclusively in the management who
are the sole decision makers regarding the operation of the business. The
following listing of specific management rights is not intended to be all-
inclusive, but simply sets forth some of those rights considered to be general
rights of management. The fact that a particular management right is not
included in the following listing does not mean the right does not exist:
The right to determine the number of employees required by the Company
at any place from time to time, for any and all operations; to determine the
jobs, content of jobs and to modify, combine or cease any job, department or
operation; to hire, classify, transfer, promote, demote and layoff employees; to
determine qualifications, evaluate performance and assign and direct the
workforce; to maintain order and discipline; to make, alter and amend reasonable
rules of conduct and procedures for employees; to reprimand, suspend, discharge
and otherwise discipline for just cause.
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The right to determine the number and types of facilities and working
places; the kinds and locations of machines, tools and equipment to be used; and
the right to schedule production; to maintain efficiency; to introduce new or
improved research methods, materials, machinery and equipment; to set the
standards of productivity and the products to be produced; to determine the
working schedules of employees, including the number of hours and shifts to be
worked; to determine the amount and form of incentive and/or bonus compensation
to be paid in addition to wages set forth in Appendix A; to use independent
contractors to perform any work or services provided such contracting does not
result in the layoff of employees covered by this Agreement.
The Company's failure to exercise any right or function reserved to
it, or the exercise of a management right in a particular way, shall not prevent
the Company from exercising any of its rights in the future or in some other way
not in conflict with the express provisions of this Agreement. The only
restrictions on management rights are those expressly provided for in this
Agreement. The exercise of these rights alleged to be in conflict with any
other provision of this Agreement shall be subject to the grievance and
arbitration procedures herein.
ARTICLE IV - NON-DISCRIMINATION
SECTION 1.
There shall be no discrimination or harassment by the Company, its
officers, or agents, or the Union, or its members against any employee because
of membership or non-membership in any lawful union, participation or non-
participation in any lawful union activity, or because any employee has
exercised or failed to exercise any right specifically provided under this
Agreement.
The Company and the Union agree there shall be no discrimination
against any employee because of religion, race, color, creed, age, sex, national
origin, or disability as set forth in the Americans with Disabilities Act.
ARTICLE V - UNION SECURITY
SECTION 1.
Every employee covered by this Agreement must, for the life of this
Agreement after the grace period described below, satisfy a financial obligation
to the Union as the exclusive bargaining representative. Under this Agreement,
the financial obligation for union members is an amount equivalent to monthly
dues, and for non-members a fee amount, as determined by the Union, to perform
the duties as exclusive representative under this Agreement.
This financial obligation is a condition of continued employment and
is in consideration for the cost of representation and collective bargaining and
is not contingent upon present or future membership in the Union.
The grace period for this Agreement is thirty (30) calendar days
following the completion of the employee's probationary period as set forth in
Article X, or by the thirtieth (30th) calendar day following the effective date
of this Agreement, whichever is later.
Neither the Union or Company, nor any of their officers, agents or
members shall intimidate or coerce employees about membership or non-membership
in the Union. If any dispute arises as to whether there has been any violation
of this provision (or whether an employee affected by this Agreement has failed
to meet the financial obligation), the dispute shall be submitted directly to
the arbitration clause found in this Agreement for determination.
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The Union shall indemnify and save the Company harmless against any
and all claims, demands, suits or other forms of liability that shall arise out
of or by reason of action taken by the Company in complying with the provisions
of this Article.
SECTION 2.
For employees in the bargaining unit, the Company agrees to deduct the
Union dues for the month from the wages due each month, providing each employee
from whose check Union dues are to be deducted has on file a signed payroll
deduction authorization, as stated in Appendix B.
ARTICLE VI - MANAGEMENT-UNION COMMITTEE
SECTION 1.
The Company and the Union recognize the benefits of an open forum
where information, mutual concerns, interests, and complaints (not covered under
Article VII) affecting the workplace can be freely discussed, with a view to
exploring possible solutions which are acceptable and beneficial to employees,
the Union and the Company. Without limiting the opportunity for the Union and
the Company to meet informally at the Nye or Columbus facilities, the parties
agree to establish a Management-Union Committee (MUC) as set forth below.
SECTION 2.
The Workers' Committee will serve as representatives for the Union at
MUC meetings. The Company representatives will be comprised of Senior
Management personnel.
MUC meetings will normally be held during regular business hours, as
necessary, on at least a quarterly basis. Logistics for the meeting will be
mutually agreed upon, and coordinated through the Human Resources Department.
Senior Management from the Nye and Columbus facilities will discuss agenda items
with the Local Union President prior to the meeting. A formal meeting agenda
will be given to all committee members at least five (5) days prior to the
meeting, whenever possible.
For employees on their regularly scheduled shifts, time spent at MUC
meetings will be considered as time worked and will be paid at employee's normal
base rate. The Company will make every reasonable effort to schedule the MUC
members on shift during MUC meetings.
SECTION 3.
The Union and the Company agree that the Management-Union Committee is
limited to joint discussion and consultation, and it is in no way intended to
limit or restrict the rights reserved to the Union or the Company by this
Agreement. The Committee is not intended to take the place of normal
communication between employees and the Company, or to serve as an alternative
to the grievance and arbitration provisions of this Agreement, or to interfere
with or attempt to renegotiate any of the provisions of this Agreement, except
as set forth in Article XXIII, Section 4.
ARTICLE VII - GRIEVANCE AND ARBITRATION
SECTION 1.
It is recognized that, from time to time, dispute(s) between the
Company and its employees may occur. Employees are encouraged to settle these
differences as quickly as possible with their immediate foreman or supervisor.
If desired, the employee may be accompanied and assisted by a steward or
grievance committee member.
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A "grievance" is a dispute as to the interpretation, application, or
alleged violation of any of the provisions of this Agreement.
SECTION 2.
The Union will establish a grievance committee for dealing with
grievances for each of the following departments: Mine, Concentrator
Operations, Maintenance and Smelter/BMR. The Union will select up to three (3)
employees to serve on such grievance committees from each of the above
departments for the purpose of processing grievances which are not resolved in
Step 2. The Local Union President, or designee, shall be a member of each of
the above grievance committees. The Union will notify the Company, in writing,
of the names of the employees serving on the above grievance committees, and
such stewards as it may select, and of any changes in membership of same.
SECTION 3 - GRIEVANCE PROCEDURE.
Should a grievance arise that is not verbally settled with the
immediate supervisor, an earnest effort will be made to settle such grievance in
the following manner:
Step 1: Within fifteen (15) calendar days from the time the grievance arose,
- -------
the employee (or steward or grievance committee member) will present the
grievance, in writing, using the standard grievance form, to the immediate
supervisor, with a copy to the Human Resources Manager and the Local Union
President. The employee may be assisted by a member of the grievance committee
or a steward, if so desired. The supervisor will give a written reply within
seven (7) calendar days of said meeting.
Step 2: Failing satisfactory resolution at Step 1, the matter may be presented
- ------
to the grievant's Department Head, with a copy to the Human Resources Manager,
within ten (10) calendar days of the immediate supervisor's decision. The
Department Head will convene a meeting with the employee, a steward or grievance
committee member, and Human Resources Representative, within ten (10) calendar
days of notification from the Union, for the purpose of resolving said
grievance. The Department Head will give a written reply within seven (7)
calendar days of said meeting.
Step 3: Failing satisfactory resolution at Step 2, the matter may be presented
- ------
to the Director of Operations at Nye or Director of Processing at Columbus (as
appropriate), with a copy to the Human Resources Manager, within ten (10)
calendar days of the Department Head's decision, with a request that a meeting
be held with said Director, or designee, for the purpose of resolving said
grievance. The Director will convene a meeting with the grievance committee, a
representative from the Human Resources Department and another management
person. The meeting shall be held within fourteen (14) calendar days from the
time the matter is submitted to said Director. The Director will render a
written decision to the Local Union President within ten (10) calendar days of
the meeting.
SECTION 4 - ARBITRATION PROCEDURE.
If the Union disagrees with the decision rendered by the Director, it
may within thirty (30) calendar days from the date of the decision, refer the
grievance to the Federal Mediation and Conciliation Service for handling
according to the voluntary labor arbitration rules then pertaining. The parties
shall request the Federal Mediation Service to submit a panel of seven (7)
arbitrators. Each party shall have the right to reject one panel of
arbitrators. Strike of the first name shall be determined by the flip of a coin
and then the parties shall alternately strike a name until one arbitrator is
left. The arbitrator shall be notified of selection by a letter from the
parties requesting that the arbitrator set a time for the hearing, subject to
the availability of the Company and the Union representative. Arbitration
hearings shall be held in Billings, Montana.
The arbitrator is restricted to interpreting, applying, and
determining any violation of the provisions of this Agreement and cannot add to,
modify, delete, or otherwise change any provision of this Agreement. The
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decision of the Arbitrator shall be final and binding upon the Company, the
Union, and the employee as it applies to the issue submitted for decision; and
shall conclusively determine the same issue for the life of this Agreement.
The Company and the Union shall bear the costs of their respective
expenses, and shall share equally the costs of the arbitrator.
SECTION 5.
Any employee, if they so desire, shall have the right to have a
steward or a grievance committee member present if they are called into a
meeting with any foreman or supervisor, which the employee believes may result
in disciplinary action. The steward or grievance committee member so utilized
by the employee, will request the permission of their immediate supervisor to
leave their assigned work and shall report back to their supervisor immediately
after completing said meeting. Permission to leave will not be unreasonably
withheld.
SECTION 6.
A. For the purpose of counting "days", the day immediately following
the incident giving rise to the grievance, or the day immediately following the
day the employee learned, or should have learned, of the incident giving rise to
the grievance, shall be the first day.
B. The time limits set forth in this Article may be extended by
mutual agreement.
C. Failure by the Union to transmit a grievance to the next higher
step within the time limit provided will constitute a settlement of that
grievance on the basis of the last answer received. If the Company's decision
at any step of this procedure is not given within the time limit specified, the
grievance may be immediately processed to the next step, including arbitration.
D. The Human Resources Department will coordinate the scheduling of
the meetings required beyond Step 1 of the grievance procedure.
E. Grievance meetings will, as far as possible, be carried out
during the regular hours of work of the employee and/or steward or grievance
committee member involved in the grievance. Where a grievance meeting occurs
during the working hours of an employee and/or steward or grievance committee
member in attendance, the Company will pay for the time spent by said
participants which falls within their working hours.
SECTION 7.
If it is necessary for a steward or grievance committee member to take
time off during their regularly scheduled shift to investigate or resolve a
grievance, they shall request the permission of their immediate supervisor,
which permission shall not be unreasonably withheld. When a steward or
grievance committee member enters an area other than their normal work area,
they shall inform the supervisor of that area of their presence and reason for
being there. As well, a steward or grievance committee member shall inform
their supervisor when returning to their normal work area or duties.
SECTION 8.
In the event of discharge of an employee, a grievance may be presented
by either the employee or the Union no later than fourteen (14) calendar days
after the effective date of the discharge. The grievance must be presented, in
writing, to the Human Resources Manager, or designee, and shall be moved
directly to Step 3 of the grievance procedure. Employees who have been
discharged shall be provided either personally or by certified mail, a letter
stating the reason(s) for the discharge. A copy of said letter will be provided
to the Local Union President.
SECTION 9.
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The Union, by not exercising any functions thus reserved to it or by
exercising any such function in a particular way, shall not be deemed to have
waived its right to exercise such function as set forth in this Agreement.
ARTICLE VIII - MEDICAL ARBITRATION
In the event a dispute arises concerning the physical fitness of an
employee to return to work or to continue to work, an attempt to resolve the
dispute by conference or consultation between a licensed physician selected by
the Company and a licensed physician selected by the Union, shall first be made.
If no satisfactory conclusion is reached by the above, and the Union
so elects, a Board of three (3) licensed physicians shall be selected, one by
the Company, one by the Union, and one by the two so-named, who shall decide the
case. The decision of the Board shall be final and binding on both parties to
this Agreement and retroactive to the date the dispute arose.
The Company shall bear the expense of the physician of its choice, and
the Union shall bear the expense of the physician of its choice. The expense of
the third physician shall be paid by the losing party. In the event that the
decision of the Board does not result in a clear-cut losing party, the expense
of the third physician shall be borne equally by the parties.
ARTICLE IX - SAFETY AND HEALTH
SECTION 1.
The Company and the Union believe an effective safety and health
program is essential for employee morale and well-being, as well as the long-
term viability of the Company. Accordingly, the Company recognizes its
obligation to prevent, correct and eliminate all unhealthy and unsafe working
conditions and practices. Employees are also expected to recognize, address and
report unhealthy or unsafe working conditions. Further, employees shall follow
all Company safety and health rules and procedures and comply with applicable
State and Federal regulations.
SECTION 2.
The Company will recognize one (1) Safety and Health Committee for the
Nye facilities and one (1) Safety and Health Committee for the Columbus
facilities. The respective Safety and Health Committees shall consist of
representatives elected annually by members of each work group at each location.
These Committees shall meet monthly to discuss safety and health issues,
recommend corrective actions, and communicate safety and health information back
to employees.
SECTION 3.
A Joint Safety and Health Review Committee (JSHRC) will be established
and will meet at least quarterly to review: the activities of the Safety and
Health Committees; the overall safety program; accident investigations and near
misses (as defined by MSHA); and to make appropriate training and other safety
and health related recommendations to the Company. The Union will notify the
Company in writing of the names of four (4) representatives selected as members
of the JSHRC. One (1) JSHRC member will be selected from each of the following
areas: Concentrator Operations, Maintenance, Mine, Processing and Smelter/BMR.
There shall be equal representation of Company and Union appointees on the
JSHRC. Time spent in JSHRC meetings and approved activities will be considered
as time worked. All matters considered and handled by the JSHRC will be reduced
to writing, and the joint minutes shall be maintained and communicated at the
monthly Safety and Health Committee meetings.
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SECTION 4.
The Company will conduct occupational health and medical monitoring to
measure exposures in the workplace as appropriate, or upon the recommendation of
the JSHRC. Results will be distributed to the appropriate Safety and Health
Committees and the Local Union President, to the extent that employee
confidentiality is not compromised.
SECTION 5.
The Company will pay for required medical examinations and the results
will be kept in the employee's confidential medical file. Upon request, a copy
of such records will be provided to the affected employee.
SECTION 6.
Personal protective equipment required by statute or for special tasks
not regularly performed shall be provided by the Company at no cost to the
employee. Upon employment, the Company will provide a one-time allocation of
other Company required personal protective equipment. The Company will allow
employees to purchase subsequent or additional personal protective equipment
through the warehouse at Company cost. Employees whose personal protective
equipment is damaged or destroyed through abnormal conditions, not attributed to
abuse, will receive replacement personal protective equipment through the
warehouse at Company expense.
Prescription safety glasses will be provided at a rate of one (1) pair
per year. Employees will bear the cost of the eye examination for prescription.
Replacement non-prescription safety glasses will be available for purchase at a
price of $1.00 per pair.
SECTION 7.
The Company will provide for an ongoing safety and health training
program meaningful to operating requirements. The Company agrees to review the
content of health and safety training courses with the JSHRC prior to selecting
the course and/or personnel for the training.
Time spent on Company approved training will be considered as time
worked. The cost of Company approved training shall be paid by the Company and
expenses reimbursed based on current Company policy.
SECTION 8.
No employee shall perform unsafe work, or be required to perform
unsafe work. Employees performing unsafe work or unsafe practices will be
subject to disciplinary action, up to and including discharge. Refusal to
perform unsafe work will not warrant or justify any present or future
disciplinary action.
SECTION 9.
No employee shall lose pay, benefits or any other rights provided for
under this Agreement for fulfilling any obligation consistent with this Article
and/or for exercising any right under any federal or state regulation.
ARTICLE X - SENIORITY, JOB BIDDING
SECTION 1.
Company seniority shall be determined by an employee's date of
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original employment with the Company, or predecessor companies Chevron or
Manville, if there has been no service break. Company seniority shall apply
only for purposes of applicable benefit plans and earned vacation.
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SECTION 2.
Plant seniority shall be determined from the employee's date of
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original employment with the Company at its facilities covered by this
Agreement, or date of reemployment if there had been a break in service. An
employee's plant seniority shall be lost if:
A. The employee quits.
B. The employee is discharged for just cause.
C. Layoff in excess of two (2) years, or length of service,
whichever is less.
D. Failure to return to work within ninety (90) days after discharge
from military service.
E. Failure to return to work upon termination of a leave of absence
or extension thereof .
F. Promotion to a full-time non-bargaining unit position for a
period in excess of one (1) year.
If a former employee is re-employed subsequent to termination for an
above stated cause, said employee shall be considered a new employee for plant
seniority purposes.
SECTION 3.
Department seniority shall be determined by the date on which the
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employee begins continuous service in one of the following departments:
A. Mine
B. Concentrator and surface
C. Maintenance
D. Warehouse
E. Processing (Smelter/BMR)
The employee will lose department seniority in any previous department
once department seniority is established in any other department.
SECTION 4.
Seniority lists shall be compiled and revised as necessary, but no
less often than every three (3) months. The current seniority list will be
posted, with a copy to the Local Union President.
SECTION 5.
All new employees (including persons who have broken prior service)
shall be considered probationary employees for a period of seven hundred eighty
(780) hours worked. The probationary period may be extended by five hundred
twenty (520) hours worked, upon mutual agreement of the Company and the Union.
Probationary employees shall be subject to transfer, promotion, demotion, layoff
and/or discipline including discharge, at the sole discretion of the Company.
Employees continued in employment after the end of the probationary period shall
become full-time employees and shall be credited with continuous service from
the original date of hire.
SECTION 6.
In the event there is a tie based on seniority dates, seniority shall,
in each application, be decided by the flip of a coin.
SECTION 7.
Whenever the Company determines a vacancy, other than a temporary
vacancy, exists in any biddable job classification, or a new job becomes
available, the Company will post a job bulletin covering such classification on
the bulletin boards. The bid will remain posted for ten (10) consecutive days.
Employees desiring to bid on the vacancy shall apply in writing to the Human
Resources Department within the allotted ten (10) days. Upon
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request, a copy of the job posting and of all bids shall be provided to the
Local Union President. At the end of ten (10) days, the Company will determine
the successful candidate based on qualifications to perform the job concerned
and plant seniority. If no qualified candidate applies or no bid is received,
the job may be filled by the Company from any other source. No employee shall be
required to accept a permanent job classification change, except in the case of
demotion.
For purposes of this Article, it is understood that an employee's
qualifications to perform a job will be based on any relevant job-related
criteria, including performance appraisal, work history, tests, licenses or
certifications, and the requisite skills, knowledge and ability.
Laid off employees, who have seniority rights, shall be eligible to
bid on all job postings.
SECTION 8.
From time to time, temporary vacancies of less than ninety (90)
calendar days, may occur due to illness, injury or an abnormal increase in
workload. Vacancies of this nature will be filled at the Company's discretion.
Full-time job assignments so filled shall be open for bidding within forty-five
(45) calendar days as set forth above.
SECTION 9.
In the event that the successful bidder proves unsatisfactory after a
thirty (30) calendar day break-in period, or chooses not to continue in the new
position within the thirty (30) calendar day break-in period, the employee shall
be returned to the position last held with no loss of seniority. The Company
shall then fill the position with the next most qualified candidate from the
original posting.
SECTION 10.
An employee accepting a job posting outside their department must
remain in the new department for a period of one (1) year before bidding for a
job posting in any other department. An employee must remain in a new job for a
period of four (4) months before bidding on another job posting within the
department.
ARTICLE XI - HOURS OF WORK, OVERTIME
SECTION 1.
A. The normal workweek shall begin at 12:01 a.m. each Monday and end
at 12:00 midnight the following Sunday.
B. The normal workday shall start at 12:01 a.m. and end at 12:00
midnight each calendar day.
C. Overtime shall be paid for all hours worked in excess of forty (40)
hours during a normally scheduled workweek.
D. Eight (8) hours per day shall constitute the normal workday for
some employees; ten (10) hours per day shall constitute the normal
workday for some employees; and twelve (12) hours per day shall
constitute the normal workday for some employees.
Changes in working schedules (other than temporary incidental changes)
shall be discussed at a Management-Union Committee (MUC) meeting prior to
implementation.
SECTION 2.
An employee who is called back for immediate work after leaving
Company property or who is called for immediate work outside their scheduled
working hours, and actually begins working, shall be paid time and one-
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half (1 1/2) for work actually performed or a minimum of four (4) hours at the
straight-time rate, whichever is greater. Employees will be compensated for call
out travel at the current Company mileage rate, up to a maximum of fifty (50)
miles each way.
SECTION 3.
If an employee's regularly scheduled shift is canceled, then at
Company discretion, the employee will:
A. Be paid for four (4) hours, or
B. Be paid for hours actually worked, with a minimum of four (4)
hours.
Employees will receive no pay for a canceled shift if they are
notified of the cancellation at least ninety (90) minutes prior to the start of
their shift. Notification may be by telephone or word of mouth.
SECTION 4.
Upon prior approval of the supervisor(s) involved, employees may
mutually agree to exchange shifts or days off provided such exchange does not
cause any disruption or increased cost to the Company, and that the exchange
does not cause the employee to be on duty more than sixteen (16) hours in any
twenty-four (24) hour period. Such requests may not be unreasonably withheld.
SECTION 5.
No employee shall be rescheduled during any work week for the purpose
of avoiding the payment of overtime.
SECTION 6.
The Company agrees that overtime will be distributed as uniformly and
equally as possible and practical within each classification. Employees shall
not be forced to work overtime as long as there are employees in their
classification who are qualified and willing to work such overtime. If no
qualified employee(s) volunteer to accept requested overtime, the Company will
assign the overtime to a qualified employee, based on reverse order of
department seniority. Employees who decline offered overtime will be charged
for the overtime offered as if it has been worked for the purpose of overtime
allocation.
SECTION 7.
Any employee who has worked sixteen (16) consecutive hours shall be
compensated at double (2) time for all hours worked over sixteen (16). Any
employee who has worked sixteen (16) hours, or more, shall be allowed a rest
period of at least eight (8) hours with no loss of overtime pay.
SECTION 8.
Pyramiding of overtime paid for the same hours worked shall be
prohibited under this Agreement. In cases where more than one overtime rate may
be payable for the same hours worked, only that rate which is higher shall be
paid.
SECTION 9.
For the purpose of computing weekly overtime (only), the following
shall be considered as time worked: Sick/personal leave, hours for holidays,
jury/witness service as per Article XXI, union business involving contract
administration as defined in this Agreement or negotiations for the purpose of
renewing this Agreement, which fall on an employee's regularly scheduled work
day; or meetings, training and conferences required by the Company. Such hours
shall not exceed the number of hours in the employee's normal work day.
However, time paid for
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sick/personal leave will not count as time worked for overtime purposes if an
employee does not work the last scheduled full work day of the week in which the
overtime occurs.
SECTION 10.
Except for the first shift worked for each work rotation, an employee
shall be given twenty-four (24) hours notice of a change in shift. In the event
that such twenty-four (24) hours notice is not given, the employee shall receive
one and one-half (1 1/2) times their base rate for all hours worked on the first
shift of the change. This does not apply to employees requesting a change of
rotation.
SECTION 11.
Employees working eight (8) hour shifts shall be paid a shift
differential of twenty-five cents (25c) per hour over the rate of the
classification on which they are working for all hours worked on the evening
shift, and fifty cents (50c) per hour over the rate of the classification on
which they are working for all hours worked on the midnight shift. Employees
working ten (10) hour shifts will be paid a shift differential of thirty-five
cents (35c) per hour over the rate of the classification on which they are
working for all hours worked on the evening or night shift. Employees working
twelve (12) hour shifts shall be paid a shift differential of fifty cents (50c)
per hour over the rate of the classification on which they are working for all
hours worked on the evening or night shift.
ARTICLE XII - LAY-OFF, RECALL, SEVERANCE PAY
SECTION 1.
For the purpose of lay-off and recall, qualifications to perform the
job(s) concerned and plant seniority shall apply. The last qualified full time
employee hired in each department shall be the first full time employee laid off
in each department, and so on. In the event of a layoff, a senior employee in
one department shall have the right to displace a junior employee in another
department, providing such employee is qualified to perform the job in question.
Upon recall, the last full time employee laid off will be the first full time
employee recalled, providing such employee is qualified to perform the job in
question. Full time employees will continue to accrue seniority, for bidding
purposes only, while on layoff. Full time employees will not be laid off until
all temporary employees have been laid off.
SECTION 2.
Any employee on layoff who has kept their address on file with the
Company will, for a period of two (2) years as provided in Article X, be given
notice at the address on file of a vacancy to be filled for which the employee
is eligible. The Company, if necessary, will fill such vacancy immediately on a
temporary basis. If the former employee cannot be located or does not respond
to the Company within ten (10) calendar days after a reasonable attempt to
notify has been made, the former employee shall lose seniority rights over other
employees on the layoff list and the next eligible employee shall be offered
such vacancy. If within the above ten (10) calendar day period, the laid-off
employee notifies the Company of their intention to accept such vacancy, the
Human Resources Department will coordinate return to work arrangements. A
recalled employee shall be allowed up to fourteen (14) days from the date of
such notice-of-acceptance to report for work without loss of seniority rights,
unless there is a documented temporary medical reason hindering reporting for
duty, or at Company request. Reinstatement shall be granted if the employee is
physically able to return to the previously held classification (or other
classification which the employee is eligible to return to), as determined by a
Company-paid physical examination (at the Company's discretion).
If a laid-off employee, with recall rights, refuses a reinstatement
offer at said employee's last classification, or refuses more than one
reinstatement offer outside their last classification, the employee forfeits all
recall rights.
SECTION 3.
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Any full time employee who is laid off as a result of a long-term
reduction-in-force (over 90 days), and having been in continuous full-time
service of the Company for at least one (1) year immediately prior to such lay-
off shall be given one (1) week's pay for each year of service with the Company
at the employee's present base rate up to a maximum of twelve (12) weeks' pay.
Any full-time employee who is laid off and granted severance pay
pursuant to this section, if re-employed and subsequently laid off through a
reduction-in-force, shall be denied a second severance pay allowance unless
continuous service since re-employment has been one year or more. Any employee
who is laid off or whose employment is severed and granted severance pay
pursuant to this Section, if re-employed within a length of time which is less
than that paid as severance, shall reimburse the Company the excess severance
pay within sixty (60) days of recall. Any excess severance pay repaid to the
Company as set forth above, shall be paid to the employee in the event of a
subsequent lay-off.
If a full time employee with one or more years of continuous service
with the Company is laid off because of force reduction after January 1st of any
year in which the employee has not taken vacation and/or used sick/personal
leave previously earned, shall receive, upon lay-off, vacation and/or
sick/personal leave pay equal to vacation and/or sick/personal leave pay earned
under this Agreement, plus pro rata pay for the vacation and/or sick/personal
leave being earned the year in which the lay-off occurs.
SECTION 4.
The Company will meet with the MUC Committee to discuss any layoffs or
reduction-in-force prior to implementation. The Company shall notify the Union
of any pending layoff or reduction-in-force as far in advance as possible. In
the event of a short-term layoff (less than ninety (90) days duration) the
Company will maintain its portion of the cost to maintain Company benefits
during said layoff.
ARTICLE XIII - CLASSIFICATION AND WAGES
SECTION 1.
The classifications and rates of pay attached hereto as Appendix "A"
shall be made a part of this Agreement and shall continue in effect for the
duration of this Agreement.
SECTION 2.
The proposed creation of a new classification(s), or the elimination
or change of an existing classification(s), shall first be discussed at a
meeting of the MUC committee. If the parties are unable to agree on such new
classification(s) or changes, the Union may file a grievance as set forth in
this Agreement.
SECTION 3.
Any work peculiar to a classification that requires special skills or
experience will normally be done by employees assigned to that classification.
SECTION 4.
Employees assigned to work in a classification above their current
classification will be paid the higher rate of pay while working in the higher
classification, unless such work in the higher classification is for the
purposes of training and qualifying for the higher classification.
SECTION 5.
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Employees assigned to a higher classification from the Laborer
classification will be upgraded to the rate of pay of the job they are working
after completion of the probation period as set forth in Article X, unless the
Company documents that said employee is not qualified for the higher job.
SECTION 6.
If a full-time employee is assigned temporarily to a classification
paying a lower wage than their regularly assigned classification, no reduction
in wages shall be made.
SECTION 7.
If a full-time employee is demoted, through no fault of their own,
from their regular classification, the employee shall receive the higher rate of
pay for a period one (1) week for each full year of service at the previous
classification, at the time assigned to the lower classification. There shall
be no pyramiding of rate retention under this provision.
SECTION 8.
Supervisory or other management personnel shall not perform work which
is normally performed by bargaining unit personnel, except for training or
instruction, investigation, testing, emergencies, and situations in which no
qualified bargaining unit employee is available to do the job required.
ARTICLE XIV - MEAL POLICY
SECTION 1.
A. Employees will be provided sufficient time to eat during their
regularly scheduled shift.
B. Any employee required to work more than two (2) hours beyond the
normal quitting time shall be provided with a meal. An additional meal will be
furnished for each additional four (4) hours of continuous work. It is
understood that the meals herein provided shall be furnished by the Company at
its expense. The employee shall be given sufficient time to eat the meal so
furnished and such time shall be considered as time worked. The Company may,
with the agreement of the involved employee(s), in lieu of a meal and time to
eat the meal, compensate the employee by the payment of one additional hour at
time and one-half (1 1/2).
ARTICLE XV - HOLIDAYS
SECTION 1.
The following days shall be considered holidays:
New Year's Day Good Friday
Memorial Day Independence Day
Labor Day Thanksgiving
Day after Thanksgiving Christmas Eve
Christmas Day Personal Holiday**
** Personal Holiday: Any day during the calendar year which the
employee elects to take with advance notice to, and approval from, the
Company as set forth in Section 6 of this Article.
SECTION 2.
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Employees who are required to work on any of the above holidays shall
receive pay at the rate of time and one-half (1 1/2) for all hours worked, plus
holiday pay for the normal scheduled shift on such holidays. Each full time
employee not required to work on these holidays shall receive eight (8) hours
pay for such holidays at their regular rate of pay. Employees scheduled to work
on a holiday who fail to report to work will not receive holiday pay.
SECTION 3.
When a Saturday or Sunday holiday is observed on a weekday (Monday
through Friday), the holiday pay shall apply on that weekday. Employees
scheduled to work seven (7) days per week rotating shift, will be paid holiday
pay on the calendar day on which the holiday occurs. The actual holiday
schedule shall be posted each year, as soon as practical.
SECTION 4.
An employee absent on either the scheduled workday before or after the
holiday will not receive pay if the absence is not approved by the Company. An
employee who is receiving disability benefits on both the scheduled workday
before and after the holiday will not receive pay for the holiday.
SECTION 5.
An employee who works on a higher rated job than their regular job on
the last scheduled shift immediately preceding and the first scheduled shift
following an unworked holiday will receive holiday pay for such holiday at the
rate of the higher rated job.
An employee who works on a higher rated job than their regular job on
a holiday shall be paid for such holiday at the holiday rate for the higher
rated job.
SECTION 6.
Employees will be entitled to one (1) personal holiday which may be
taken after the employee has completed their probationary period, provided at
least one (1) week's notice is given to the Company. Scheduled annual vacation
shall take precedence over the scheduling of personal holidays.
In the case where more than one employee per crew requests to take a
personal holiday on the same day, department seniority will govern if the
personal holiday had been scheduled between January 1 and March 31 of any year.
Personal holidays will be allocated on a first come, first serve basis if
scheduled after April 1 of any year.
Personal holidays will be allocated and granted based on operational
needs and the wishes of the employee, not unreasonably denied. No more than one
(1) person per crew shall be allowed off on personal holiday on any particular
day, except at Company discretion.
When an employee takes the personal holiday immediately prior to or
immediately after a holiday, such employee shall be paid in accordance with
Section 2 and Section 4 of this Article, provided that the employee works the
last scheduled shift prior to and the next scheduled shift after the holiday and
the personal holiday.
If the personal holiday is not scheduled to be taken in the calendar
year, the employee will be paid for eight (8) hours for the personal holiday at
their base rate. Personal holidays may not be banked or carried over into the
next year.
ARTICLE XVI - SICK/PERSONAL LEAVE/VACATION
SECTION 1 - SICK/PERSONAL.
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A. Employees will accrue 3.33 hours per month, to be utilized for
sick/personal leave. Hours so accrued may not be taken until an employee has
completed their probationary period. Personal leave may be taken with the
approval of the supervisor, based on operating requirements. Approval of the
supervisor will not be unreasonably withheld.
At the beginning of each calendar year, an employee who has completed
one (1) full year of continuous service, will be credited with forty (40) hours
sick/personal leave. At the end of each calendar year amounts of unused
sick/personal leave may be banked, up to a maximum of one hundred twenty (120)
hours. Unused sick/personal leave that is not banked will be paid to the
employee. The Company may require an employee absent due to non-occupational
illness or injury to bring a physician's statement to use banked sick/personal
leave.
B. Each employee must make every reasonable effort to provide the
supervisor with as much advance notice as possible for pre-scheduled events for
which the employee requests a sick/personal time off. Employees are encouraged
to schedule personal business during their scheduled time off. Any unscheduled
absence in which the employee misses three or more scheduled shifts due to
illness requires a statement from the employee's physician. Sick/personal pay
is calculated at the employee's base rate in effect at the time the absence is
taken.
C. Upon termination of employment (including retirement), employees
will be paid for any banked sick/personal leave.
D. Sick/personal leave accruals for employees who retire, are laid
off or terminate employment will be as follows: For each complete calendar
month worked during the current year, employees will receive 1/12 (one-twelfth)
of their sick/personal leave allotment. This is in addition to the vacation
earned during the prior year as set forth in this Article.
Vacation
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Employees will be eligible for paid vacation time in accordance with
the following provisions. Employees are eligible to borrow up to forty (40)
hours vacation leave when they have completed six (6) months continuous service.
IN EACH CALENDAR YEAR IN AMOUNT OF PAID
WHICH AN EMPLOYEE COMPLETES VACATION AVAILABLE
- ------------------------------------------ ------------------
1st through 4th year of service 80 hours **
5th through 9th year of service 120 hours
10th through 19th year of service 160 hours
20th through 29th year of service 200 hours
30th and later years of service 240 hours
** Less any Vacation leave used between the completion of the
probationary period and the one-year anniversary date.
A. At the beginning of the calendar year, each full time employee
who has completed six (6) months continuous service will be credited with
vacation based on length of service. Employees must use a minimum of eighty
(80) hours of their vacation leave annually. Vacation must be taken in full-
shift increments, unless shift scheduling dictates otherwise. Vacation may, at
Company request, be "carried over" into the next calendar year. All unused
vacation will be paid to the employee. Vacation requests must be pre-authorized
by the supervisor at least one calendar week in advance.
B. Vacation schedules shall be posted or circulated among employees
during the month of January of each year for employees to indicate their
vacation preference. Vacation request forms will be utilized, with a copy of
the approved form returned to the employee. Vacation will be scheduled to meet
the preference of employees
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whenever possible. In case of conflict over any vacation period, vacation will
be granted in order of department seniority. Where an employee elects to split
vacation, that employee's seniority rights shall prevail only for the first
choice until all other employees in the vacation unit have had their first
choice. It is understood that the Company retains the right to schedule
vacations as operational conditions dictate; however, no employee shall be
forced to take vacation which has already been approved at a time undesirable to
the employee.
C. Holidays falling during an employee's vacation will be
compensated for by holiday pay or by a one-day extension of the vacation, as the
employee elects.
D. Employees who do not take unused vacation at Company request may
be paid in lieu of, in addition to the amount earned by the employee based on
time actually worked. If, due to an extreme situation, the Company requires an
employee to work during a previously scheduled vacation, the Company will make
the employee whole for any verifiable, non-refundable expenses incurred by the
employee.
E. An employee may request their vacation date be changed and the
Company may grant such request, based on operating needs and the existing
approved vacation schedule.
F. An employee terminating service with the Company, for any reason,
who has not taken the vacation due that year shall be paid for the same at the
time of termination. In the event part of the vacation has been taken, the
employee will be paid for the unused portion not taken. In addition, for each
complete calendar month worked during the current year, employees will receive
1/12 (one-twelfth) of their earned vacation allotment.
ARTICLE XVII - UNION LEAVES OF ABSENCE
SECTION 1 - UNION LEAVE, SHORT TERM.
The Company may grant a leave of absence, without pay, for Union
officials or members to attend Union functions. Such leaves shall be granted
based on operating requirements of the Company, but shall not be unreasonably
withheld. Employees shall retain service, seniority and benefits during such
leaves of absence.
Requests for such leaves must be made by the Union to the Company, and
should be made with as much advance notice as possible, but not less than
fourteen (14) calendar days except in extenuating circumstances.
SECTION 2 - UNION LEAVE, LONG TERM.
Upon thirty (30) days written notice from the Union, a leave of
absence to perform work for the Union will be granted for one (1) employee for a
period of time of up to one (1) year. The employee may elect to return to the
employee's previous classification with a thirty (30) day written notice for
reinstatement from the Union to the Company.
Such employee will hold and accumulate seniority and continuous
service for all purposes during such leave. Upon request, the employee will be
allowed to continue Company Group Health Plan, and Long and Short Term
Disability Plans, by paying the full cost of such benefits during the period of
leave.
Reinstatement shall be granted if the employee is physically able to
return to the previously held classification, as determined by a Company paid
physical examination. If such employee is physically unable to return to the
previously held classification, the employee will be allowed to return to a job
the employee is qualified to perform, if such job exists.
ARTICLE XVIII - OTHER LEAVES OF ABSENCE
SECTION 1 - FAMILY AND MEDICAL LEAVE.
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Employees who have been employed for at least one (1) year and worked
at least 1250 hours during the preceding twelve (12) month period, shall be
granted a leave of absence in the event of the birth or adoption of an
employee's child or the serious health condition of an employee's child, spouse
or parent, as set forth under the Family and Medical Leave Act (FMLA). Such
leave will be granted for up to a maximum of twelve (12) calendar weeks in a
rolling twelve (12) month period.
Request for such leave shall be made through the employee's immediate
supervisor. When the need for leave is foreseeable, the employee shall provide
at least thirty (30) days advance notice. An employee may request more than one
(1) family leave within a twelve (12) month period, but the total time on leave
within that period may not exceed twelve (12) calendar weeks.
The employee will provide medical certification to the Company
confirming the need for family and medical leave. The request for such leave
must be renewed and new medical certification submitted to the Company every
thirty (30) days.
Credited service for all purposes under this Agreement will accrue
during the period covered by the family and medical leave of absence. The
employee returning from family and medical leave will be reinstated to the
position held prior to the leave, or a comparable position.
Any absence under this provision will not be considered an occurrence
under the Excessive Absenteeism Policy. There will be no requirement for the
employee to use vacation for an absence covered under this provision. However,
the Company will waive the seven (7) day advance vacation notice requirement for
an employee electing to use paid vacation for this leave. Employees whose
absences are covered under FMLA are required to utilize all available current
year sick/personal leave. Under this provision, an employee who has exhausted
vacation and other paid leave will be granted up to three (3) days paid leave,
in a calendar year.
Employees will not perform work for pay while on family and medical
leave, except with written permission of the Company. All other requirements
and conditions under the FMLA shall apply.
SECTION 2 - EMERGENCY LEAVE.
An employee may request a leave of absence without pay for a period
not to exceed twenty-four (24) hours to handle an emergency in the immediate
family and such request shall be granted. The Company may require an employee
given such leave to provide evidence of such emergency situation. Any
legitimate absence under this provision will not be considered an occurrence
under the Excessive Absenteeism Policy.
SECTION 3 - PERSONAL LEAVE WITHOUT PAY.
Personal Leave Without Pay may be granted for the purpose of
conducting legitimate personal matters when operating conditions permit and the
employee has no available Paid Leave. Such leave must be approved in writing by
the Department Manager. The Company makes no guarantee to reinstate any
employee beyond the first thirty-one (31) days of such leave.
SECTION 4 - ELECTION TO POLITICAL OFFICE.
Upon written application, an employee who has been elected or
appointed to a Federal, State or Local political office, may be granted an
unpaid leave of absence for the period of time necessary to fulfill the required
responsibilities of the position, or as required by law. Approval will not be
unreasonably refused.
Employee(s) on such a leave will hold and accumulate seniority and
continuous service for all purposes during such leave, and may be allowed to
continue all Company benefits by paying the employees' cost of such benefits
during the period of leave. The Company will make arrangements for the
employee(s) on leave to pay such costs.
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<PAGE>
ARTICLE XIX - MILITARY SERVICE
SECTION 1.
The Company shall accord to each employee who leaves active employment
to enter military service of the United States or Reserve or National Guard,
such rights as the employee shall be entitled to under the Uniform Services and
Reemployment Rights Act (USERRA).
SECTION 2.
Any employee who is required to attend an encampment of the Reserve of
the Armed Forces or the National Guard shall be paid, for a period not to exceed
seventeen (17) days, and such pay shall be the excess of the employee's base
wages over Government pay for the period of military leave.
ARTICLE XX - BEREAVEMENT LEAVE
SECTION 1.
In the event of the death of an employee's spouse, children or step-
children, and upon notification and application to the employee's immediate
supervisor, an unpaid bereavement leave of up to five (5) days shall be granted
to the employee. Additional unpaid bereavement leave may be granted with
approval by the department head.
In the event of death in an employee's immediate family, and upon
notification and application to the employee's immediate supervisor, an unpaid
bereavement leave of up to three (3) days shall be granted to the employee.
Additional unpaid bereavement leave may be granted with approval by the
department head. Immediate family is limited to the employee's parents, step-
parents, brothers, sisters, grandparents and grandchildren, and the parents and
grandparents of the employee's spouse.
To offset the expenses associated with attending the funeral, any
employee who has completed the probationary period shall be paid the equivalent
of five (5) days base wages in the event of the death of spouse, children or
step-child, or three (3) days base wages in the event of the death of an
immediate family member.
ARTICLE XXI - JURY, WITNESS SERVICE
SECTION 1.
Employees selected for jury duty or subpoenaed for witness service are
expected to report for such jury duty or witness service, and will be allowed
the necessary time off to perform such service. Employees shall contact their
immediate supervisor prior to reporting for jury duty or subpoenaed witness
service. An employee who reports and is then released from such service shall
immediately contact the employee's supervisor to coordinate return to work. The
Company will make reasonable allowances for travel and shift schedules.
Permanent employees who are absent because of jury duty, government
subpoena where the Company is not a party, or Company subpoena, will be paid the
difference between the jury duty or specified witness pay and their normal base
wages for scheduled shifts missed. Employees will be required to provide
documentation of such service to receive applicable pay.
ARTICLE XXII - CONTRACTING OUT
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<PAGE>
SECTION 1.
The Company, having the availability of equipment, skills, manpower,
or the time to do the work, shall not contract out classified work now being
done by employees of the Company as long as there are qualified employees or
qualified former employees with re-employment rights. This shall not apply to
the installation of equipment or construction or any other activities not
ordinarily done by employees of the Company.
SECTION 2.
Before commencing any major contract job to be performed on the
premises, the Company will notify the Local Union President or designee, in
writing, describing the nature, scope, and expected duration of the work to be
performed. The Company further agrees that it will meet, as necessary, with the
Local Union President or designee, to discuss information concerning contracting
out. Requests for such meetings shall not be unreasonably denied.
ARTICLE XXIII - MISCELLANEOUS
SECTION 1 - COPIES OF AGREEMENT.
The Company and the Union desire every employee to be familiar with
the provisions of the Collective Bargaining Agreement and employee's rights and
duties under it. The Company shall print and provide a copy of this Agreement
in booklet form to each employee, plus twenty-five (25) extra copies for the
Union.
SECTION 2 - BULLETIN BOARDS.
The Company shall provide for secure bulletin boards, one at the
Smelter and one at the main entrance to the Nye operation, to accommodate
otherwise lawful official Union notices and announcements. The Union is
responsible for all postings on Union bulletin boards.
SECTION 3 - PERSONNEL RECORDS.
Employees in the bargaining unit shall have access to their own
personnel file, by appointment with the Human Resources Manager, for the purpose
of reviewing it in person. A Union representative may accompany the employee,
with the employee's permission.
Entries placed in an employee's permanent personnel file shall be in
writing. A copy of such entries shall, upon request, be given to the involved
employee. An employee may elect to provide a copy to their Union
representative. The employee may also make a written reply to any disciplinary
action and have same placed in the permanent personnel file.
The Company will provide, upon request, relevant and necessary
information, to the Union, in order to administer the contract during its term.
SECTION 4 - AMENDMENTS.
This Agreement during its life may be amended only by mutual consent
of the parties hereto. Any amendments made to this Agreement shall be reduced
to written form and shall be duly signed by the authorized representatives of
the Company and the Union.
SECTION 5 - BOOT ALLOWANCE.
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<PAGE>
The Company shall provide a safety shoe/boot allowance of up to
$100.00 per contract year per employee, when the employee provides a receipt for
same.
SECTION 6 - COMPANY POLICIES.
The following Company Policies are included in this Agreement by
reference:
1. Conflict of Interest
2. Discipline
3. Drug and Alcohol
4. Employee Parking
5. Environmental Compliance
6. Equal Employment Opportunity
7. Excessive Absenteeism
8. Maintenance Tool Replacement
9. Reporting Accident/Injury
10. Reporting Off or Late
11. Returning to Work after Illness or Injury
12. Ride Share Program
13. Safety and Health
14. Security
15. Sexual Harassment
16. Solicitation
17. Weapons
It is understood that in the case of any conflict between this
Agreement and Company Policy, this Agreement prevails.
SECTION 7 - SERVICE OF NOTICE.
Whenever provision is made herein for service of notice, such notice
shall be served:
A. By Personal Service: COMPANY: Manager of Human Resources,
Stillwater Mining Company, or designee in the Manager's absence. UNION:
President (Chair, Worker's Committee), or in the President's absence, to the
Financial Secretary-Treasurer of Local 2-1.
B. By Certified Mail, Return Receipt Requested: COMPANY: Manager of
Human Resources, Stillwater Mining Company, HC 54, Box 365, Nye, MT 59061.
UNION: President (Chair, Worker's Committee), Local 2-1 OCAWIU, P. O. Box 69,
Absarokee, MT 59001, with a copy to International Representative, OCAWIU, P. O.
Box 21635, Billings, MT 59104.
C. Date of service shall be the date of personal service or the date
the notice is posted by the certified mail receipt, properly addressed to the
party being served.
ARTICLE XXIV - MINE/PLANT CLOSURE
The Company agrees it will notify the Union in writing at least ninety
(90) days in advance of shutdown of any of the facilities covered by the
Bargaining Unit which involve permanent transfer or layoff of employees in the
Bargaining Unit. The Company and the Union shall meet within fifteen (15) days
thereafter to bargain in good faith regarding the effect and possible options
for employees and the Company.
ARTICLE XXV - VALIDITY
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<PAGE>
SECTION 1.
Nothing contained in this Agreement shall be construed in any way as
interfering with the obligation of the parties hereto to comply with any and all
State and Federal laws, or any rules, regulations, and orders of duly
constituted authorities pertaining to matters covered herein, and such
compliance shall not constitute a breach of this Agreement.
SECTION 2.
If any court shall hold any part of this Agreement invalid, such
decision shall not invalidate the entire Agreement.
ARTICLE XXVI - BENEFITS
SECTION 1.
The Company agrees that it will not withdraw or reduce any of the
present benefit plans or benefits, namely:
401(k) Savings Plan
Health Benefit Plan (Blue Cross/Blue Shield)
Wellness Program (if available)
Dental Plan
Prescription Drug Plan
Life Insurance
Supplemental Life Insurance
Accidental Death & Dismemberment Insurance
Sick/Personal Leave
Short-term Disability Plan
Long-term Disability Plan
Employee Assistance Plan
SECTION 2.
In the event the Company desires during the term of this Agreement to
add, change or amend any such plans, it will present such changes to the Union
at least thirty (30) days prior to the proposed effective date of such changes,
with a complete explanation of the reasons for such changes. Within fourteen
(14) days after the Company gives the Union such notice, the Union will notify
the Company whether it has any objections to such changes. If the Union objects
to such changes or amendments, then the Company and the Union will meet to
negotiate the objections and attempt to settle the questions raised by the
Union. If the parties are unable to agree on the proposed amendments or
changes, they may not be implemented during the term of the Agreement.
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<PAGE>
IN WITNESS WHEREOF the parties have caused this instrument to be
executed by their duly authorized representatives this first day of July, 1996:
EFFECTIVE JULY 1, 1996
OIL, CHEMICAL & ATOMIC WORKERS STILLWATER MINING COMPANY:
INTERNATIONAL UNION - LOCAL 2-1:
/s/ D. EDWARDS /s/ GIL CLAUSEN
____________________________________ ____________________________________
Dan C. Edwards, Gil Clausen,
International Union Representative Director of Operations
/s/ BRUCE KELLEY /s/ GREGG J. HODGES
____________________________________ ____________________________________
Bruce Kelley, Local President Gregg Hodges,
Director of Processing
/s/ DICK CAMPBELL /s/ T. J. MCNEILL
____________________________________ ____________________________________
Dick Campbell, Mine T. J. McNeill,
Maintenance Superintendent
/s/ JOHN F. EISENBRAUN /s/ LINDA M. SPRATT
____________________________________ ____________________________________
John Eisenbraun, Smelter/BMR Linda Spratt,
Human Resources Manager
/s/ BILL EVANS /s/ JOHN E. THOMPSON
____________________________________ ____________________________________
Bill Evans, Mill John Thompson,
Project Manager East Boulder
/s/ FARRELL LIEN
____________________________________
Farrel Lien, Maintenance
/s/ BENJAMIN S. PALIN
____________________________________
Ben Palin, Mine
/s/ DENNIS A. STORCK
___________________________________
Dennis Storck, Mine
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<PAGE>
TENTATIVE AGREEMENT BETWEEN
O.C.A.W. LOCAL UNION NUMBER 2-1
AND
STILLWATER MINING COMPANY
MAY 7, 1997
THIS AGREEMENT, made and entered into this 7th day of May 1997, by and between
STILLWATER MINING COMPANY, for its laboratory employees, and OIL, CHEMICAL &
ATOMIC WORKERS INTERNATIONAL UNION, and its Local Union No. 2-1, sets forth this
tentative agreement reached between the Company and the Union's Workers'
Committee.
1. The parties have agreed to the changes necessary to bring the laboratory
into the existing CBA as set forth in U-1 through U-4, dated 4/14/97, which are
attached. U-5 is hereby withdrawn.
2. Except as stated otherwise in this Agreement, laboratory employees will be
covered by the same benefit plans as other Bargaining Unit Employees.
3. Through the term of the existing CBA, the parties agree that for laboratory
employees only, any employee with a documented pre-existing condition (prior to
March 5, 1997) will continue to be covered for the Short Term Disability (STD)
benefit as set forth in the STD Plan for Exempt and Non-Exempt, which is
attached.
4. Effective May 1, 1997, wages for laboratory employees will be as set forth
in the Company's wage proposal, dated 4/15/97.
5. Any laboratory employee whose current wage rate exceeds the wage
schedule of that classification, will be "grandfathered" until such time as the
rate of pay for that classification exceeds the "grandfathered" rate, at which
time the rate of pay will be the rate of the appropriate classification.
6. The parties agree to engage in discussions regarding a certification
program for laboratory employees, pursuant to the attached letter.
<PAGE>
Agreed to this 7/th/ day of May, 1997:
For OCAWIU: For Stillwater Mining Company:
/s/ D. EDWARDS /s/ GIL CLAUSEN
- -------------------------------- --------------------------------
Dan C. Edwards, Gil Clausen,
International Representative Director of Operations
For Local 2-1, OCAWIU:
/s/ BRUCE KELLEY
- --------------------------------
Bruce Kelley,
President
<PAGE>
UNION PROPOSAL: U1
DATE: 3/24/97
REVISION: 1
DATE: 4/14/97
DATE TA: 4/14/97
ARTICLE I - RECOGNITION
SECTION 1.
The Company recognizes the Union as the sole and exclusive bargaining
representative for the purpose of collective bargaining with respect to rates of
pay, wages, benefits, hours of employment and other conditions of employment
pertaining to all Stillwater Mining Company employees employed by the Company at
the facilities at Nye, Montana; and the facilities at Columbus, Montana, to wit:
All hourly production and maintenance employees, including warehouse employees,
laboratory technicians (including leadmen), and custodians; but excluding all
temporary student summer hires, professional employees, technical employees,
office clerical employees, guards, dispatchers and supervisors, and those above
the rank of supervisor, as defined in the act; National Labor Relations Board
case number 27-RC-7563, Certification dated December 19, 1995.
SECTION 2.
The Company recognizes that the Union's Workers' Committee is the duly
selected body which represents Union interests to the Company. The Workers'
Committee shall be selected by the Union, and consist of seven (7) members,
including the Local Union President who shall be Chair. The six (6) remaining
members of the Workers' Committee shall consist of three (3) from the Mine, one
(1) from the Concentrator/Laboratory, one (1) from the Smelter/BMR, and one (1)
from Maintenance/Warehouse. Alternates may be selected to replace members of
the Committee who may be absent.
The Local Union President shall promptly notify the Company, in
writing, of the names of the members of the Workers' Committee and such stewards
as it may select. The Company will be notified, in writing, of any changes and
shall not be required to recognize the above until notified in writing.
The Company recognizes the Workers' Committee as the bargaining
committee for purposes of collective bargaining; as representatives in the
Management-Union Committee meetings as set forth in Article VII; and as stewards
as set forth in Article VIII. The Company recognizes the role of the
International Union Representative. As such, the International Union
Representative may be present at meetings between Management and the Union,
provided notice is given in advance. The Union agrees that such activities will
<PAGE>
not result in any disruption of the Company's operations, and employees will not
neglect their duties and responsibilities.
<PAGE>
UNION PROPOSAL: U2
DATE: 3/24/97
REVISION:
DATE:
DATE TA: 4/14/97
ARTICLE VII - GRIEVANCE AND ARBITRATION
SECTION 2.
The Union will establish a grievance committee for dealing with
grievances for each of the following departments: Mine, Concentrator
Operations, Maintenance/Warehouse, Smelter/BMR, and Laboratory. The Union will
select up to three (3) employees to serve on such grievance committees from each
of the above departments for the purpose of processing grievances which are not
resolved in Step 2. The Local Union President, or designee, shall be a member
of each of the above grievance committees. The Union will notify the Company,
in writing, of the names of the employees serving on the above grievance
committees, and such stewards as it may select, and of any changes in membership
of same.
[Sections of this Article not specifically changed herein, remain unchanged.]
<PAGE>
UNION PROPOSAL: U3
DATE: 3/24/97
REVISION: 1
DATE: 4/14/97
DATE TA: 4/14/97
ARTICLE IX - SAFETY AND HEALTH
SECTION 3.
A Joint Safety and Health Review Committee (JSHRC) will be established
and will meet at least quarterly to review: the activities of the Safety and
Health Committees; the overall safety program; accident investigations and near
misses (as defined by MSHA); and to make appropriate training and other safety
and health related recommendations to the Company. The Union will notify the
Company in writing of the names of five (5) representatives selected as members
of the JSHRC. One (1) JSHRC member will be selected from each of the following
areas: Concentrator Operations, Maintenance/Warehouse, Mine, Smelter/BMR, and
Laboratory. There shall be equal representation of Company and Union appointees
on the JSHRC. Time spent in JSHRC meetings and approved activities will be
considered as time worked. All matters considered and handled by the JSHRC will
be reduced to writing, and the joint minutes shall be maintained and
communicated at the monthly Safety and Health Committee meetings.
[Sections of this Article not specifically changed herein, remain unchanged.]
<PAGE>
UNION PROPOSAL: U4
DATE: 3/24/97
REVISION: 1
DATE: 4/14/97
DATE TA: 4/14/97
ARTICLE X - SENIORITY, JOB BIDDING
SECTION 3.
Department seniority shall be determined by the date on which the
employee begins continuous service in one of the following departments:
A. Mine
B. Concentrator and surface
C. Maintenance
D. Warehouse
E. Processing (Smelter, BMR and Laboratory)
The employee will lose department seniority in any previous department
once department seniority is established in any other department.
[Sections of this Article not specifically changed herein, remain unchanged.]
