Collective Bargaining Agreement between Chart Energy & Chemicals Inc. and IAM Local Lodge 2191 (2007–2010)

Employees shall also be provided during their shift one (1) rest period not to exceed ten (10) minutes in accordance with operational requirements. Normally, the break times will be as specified below:

The consumption of food items and visits to the lunch room shall be limited to designated lunch and break periods and will not be permitted during other work hours. Beverages will be allowed at the work stations.

All employees are assigned to a three-shift basis and will have a paid 15-minute lunch period starting at one of the times listed above in this paragraph.

Employees working the Weekend Schedule shifts will be paid at a rate equivalent to forty (40) hours pay for thirty-six (36) hours worked for all hours worked during their regular thirty-six (36)-hour work schedule.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Human Resources Manager

 

Signature of Employee

Witness

Human Resources Manager

Manager of Manufacturing

When it is established that there is a need for additional personnel for ten (10) working days or more in a Department, with employees out on transfer such employees will be returned to their Home Department to fill the need in accordance with Paragraph 85 unless such need is being met temporarily by an employee with physical limitations who is unable to perform their normal duties. Such needed employees will be returned to their home department as soon as possible but not later than thirty (30) calendar days. Presence of a physically limited employee in a Department will not result in a senior employee on transfer losing their rate or job.

Except where production needs reasonably require otherwise, employees shall not be placed in a department where employees are transferred out prior to returning those on transferred back to their home department by seniority.

It is recognized that in order to use the work force efficiently and keep people working in so far as possible, the company requires flexibility in farming or transferring employees for a period of time, due to the reduction of work in the Home Department, or their specific skill is needed in another department, or because of the production need of another department. The farming of an employee shall be by inverse seniority by shift, and will not exceed 15 working days.

When an employee is transferred into a job classification they previously carried, they shall receive the rate for that job retroactively, after accumulating three (3) full days, provided such a rate is higher than they are carrying. If they continue on the job for a period of six (6) months, their short-term rate shall become their new classification.

The Company will endeavor to give each employee a Notice to Report Form on the day preceding the transfer or shift change by 12:00 P.M. (noon) on the first shift, 9:00 P.M. on the second shift and 4:45 A.M. on the third shift.

The Company and the Union agree that it is to both their mutual benefit and a sound economic and social goal to utilize the most efficient machines, processes, methods employment, must successfully complete a pre-employment physical examination by, in relevant part, testing negative through urinalysis or similar tests administered to detect the use or abuse of drugs and/ or alcohol. Such pre-employment testing bears a direct, material, and timely relationship to an applicant’s capacity to perform his or her duties safely and effectively.

When the Company changes technology, transfers a product line or a portion thereof from La Crosse, or discontinues the manufacture of a product line or portion thereof at La Crosse, or merges two or more departments and as a result of such action a department is dissolved or a major portion of the regular employees in such department are no longer needed on their jobs, each employee in the department whose job is abolished because of this action will be subject to the following procedure:

The Company agrees to train displaced employees within a reasonable period of time (6 months or less) for available positions.

A new department is created when a new product line is originally manufactured in a separate plant area, and such department is assigned a new department number. When a new department is created, the Company and the Union will agree upon a procedure for the distribution of information regarding the department and the minimum requirements therefore. The selection of the employees will be made in accordance with Paragraphs 83 and 107 and the provisions of Paragraph 84 shall also apply.

The Company will continue to upgrade employees to higher skilled jobs where possible to do so. The fact that an employee is proficient on their current job will not in itself be the cause to prevent their being upgraded to a higher skilled job.

When a successful bidder is selected to report to the posted/notice job they can be held up to thirty (30) days in their current job. If it is necessary to hold the employee beyond the thirty (30) days, the employee will be reimbursed for any monetary loss upon the successful completion of the training/trial period for the new job.

Chart Energy & Chemicals Inc.

 

/s/   W. WILLIAM BEDNARCZYK

/s/  JOEL A. GUBERUD

/s/  PHILLIP A. HEIMBERKER

 

 

W. William Bednarczyk

 

Joel A. Guberud

 

Phillip A. Heimberker

 

 

 

 

/s/  W. WILLIAM BEDNARCZYK

/s/  JOEL A.GUBERUD

/s/  PHILLIP A. HEIMBECKER

 

W. William Bednarczyk

Joel A. Guberud

Phillip A. Heimbecker

When a senior employee, who is at the time working, requests a transfer to light work, or the Company determines that such an employee can no longer perform their job due to advanced age, physical incapacity or is incapable of performing their regular job, the Company and the Union will discuss the problem with the intent of:

It is understood that the above does not obligate the Company to make-work for an employee or to assign an employee to work which they cannot perform satisfactorily.

Any member of the bargaining unit who has been promoted or transferred or is promoted or transferred to a position outside the bargaining unit described to a position outside the bargaining unit described in Article I shall maintain the amount of seniority they had at the time of such promotion or transfer and will not continue to accumulate seniority within the bargaining unit.

Should such employee request to return to the bargaining unit or should the Company decide to return such employee to the bargaining unit, they will be reinstated with the amount of seniority they maintained at the time of their promotion or transfer. The Company agrees that it will not return employees to the bargaining unit for the purpose of temporarily reducing the staff of non-bargaining unit employees. When such employee returns to the bargaining unit, their job and department assignment will be at the discretion of the Company. The Union will be notified of the job and department assignment five (5) days prior to such assignment wherever possible. However, they will not be placed in a department where their assignment would cause the transfer of a regular department employee then working in the department or where there are employees out of such department on transfer, or where there is not a need for them in the department for at least ten (10) working days. Furthermore, upon return to the bargaining unit, such an employee will be assigned a labor grade no higher than the highest they held in the three-year period just prior to their promotion from the bargaining unit.

Nothing, however, contained in Paragraph 103 shall be construed as limiting the Company’s right to discharge any or article or parts thereof, are in conflict with federal or state rulings, laws, or executive orders, such federal or state rulings, laws or executive orders shall apply.

 

 

 

 

 

 

 

 

 

employee promoted or transferred from the bargaining unit for cause.

Should any employee who has been promoted or transferred from the bargaining unit and then returned to the bargaining unit under the above procedures, be subsequently again promoted or transferred from the bargaining unit, they will lose all seniority status in the bargaining unit on the date of such promotion or transfer.

An initial temporary vacation replacement assignment of up to 3 months outside the bargaining unit will not be counted toward the limitations of this paragraph.

For all voluntary shift exchanges, both employees must report to the department and shift from which they intend to switch for a minimum of one (1) week.

An employee that is not from the department must be approved by the cell leader (engineer) and department supervisor affected to determine what job(s) they can perform or have working knowledge of, before any trade with a Home Department employee.

Such request must be in writing to the Company, signed by the employees involved, specifying the duration of the voluntary shift exchange, with a copy to the Union.

An employee upon attaining seniority may replace a junior employee in the same skill on a different shift in the same department subject to the following:

Where the senior employee is replacing an employee in the same or a lower rated labor grade, the Company will in all instances where possible train a replacement within three (3) months for the senior employee so that they will be able to exercise their shift transfer. The training period will start within a one (1) week period after the employee’s written request is acted on at the regular meeting.

Employees shall have the right to change shifts under this Section no more than four (4) times within each calendar year.

Should a vacancy occur within the Department due to retirement, termination, promotion, etc., the Company will discuss with the Union if said vacancy needs to be filled.

Employees from within the department where the opening is will be based on the applicable provisions of the Fair Labor Standard Act and the company travel policy.

a. Stealing or taking away of any Company property, including scrap without the written permission of the Manager of Manufacturing or other supervisory personnel is prohibited.

Carelessness of an employee which contributes to the injury of a fellow employee; any act of an employee which does or might contribute to the serious injury of an employee, which contact an employee by telephone, the message will be given to the person answering the telephone. It is the employee’s responsibility to inform the Human Resources department of their current phone number and address.

If an employee’s attendance record is good, permission to leave for personal reasons will be granted by their supervisor provided the request is made not later than one-half (1/2) hour after the beginning of their work shift.

It is agreed that the intent of this paragraph is to enable an employee with a good attendance record to leave work to attend to pressing matters not readily attended to outside their regular working hours. Any abuse of this intent by an employee will be a violation of Rule 117m.

Permission to leave the plant shall be granted in cases of extreme emergency (death, serious illness or accident in family, etc.). However, in such emergency cases, the employee shall notify their supervisor or other company representative before their departure.

Jury duty, military duty, funeral leave, occupational illness/injury, supervisory pre-approved leaves of absence, vacation, paid holidays, not scheduled for work, Union business, sickness, and situations that are caused by extenuating circumstances not preventable by the employee.

Employee must provide medical proof acceptable to the Company upon returning to work, if they have excessive absenteeism, as defined in Par. 124c.

An employee having an excessive absentee record must furnish proof acceptable to the Company that their absence was the result of sickness or causes beyond their control to be excused for such absence.

All injuries, no matter how minor, are to be reported promptly to a supervisor and then to the appropriate medical facility.

Horseplay, scuffling, throwing of objects, and running is unsafe and it is forbidden. This applies to all Company premises, including the parking lots.

No employee shall remove, displace or damage any safety device or safeguard furnished and provided for use in any employment or place of employment, nor interfere in any way with the use thereof by any other person, nor shall any such employee interfere with the use of any method or process adopted for the protection of any employee in such employment or place of employment or frequenter of such place of employment, nor fail or neglect to do every other thing reasonably necessary to protect the life, health, safety or welfare of such employees or frequenters. (Extracted in part from the Wisconsin Industrial Commission statutes and provision).

The above safety rules are not meant to be inclusive nor do they supersede existing plant rules, which may imply stricter measures.

No employee shall be disciplined or discharged for refusing to work on a job if refusal is based on a reasonable claim that said job is not safe or might unduly endanger the employee’s health and safety.

Employees must obtain medical documentation from the attending physician, when they are requesting an excused absence(s). The documentation must state that it is medically necessary to be off work and must designate the date(s) the employee is requesting to be excused and a return to work date. Medical documentation that simply states that the employee was “seen and treated” will not be accepted.

Medical documentation should not include a diagnosis or details of the employee’s medical condition, unless the medical excuse is for a work related injury or illness. However, it is important to provide documentation regarding any work limitations an employee may have upon return to work.

Documented medical appointments will be excused absences when notice is given to the employee’s supervisor by the end of the shift prior to the day of the appointment.

Medical excuses will not be accepted that retroactively excuse absences prior to the date the employee received medical care. If an employee cannot see a doctor on the first day due to the illness and they see a doctor on the second day, the previous sick day will be excused if acceptable documentation is provided. In these cases, the doctor must specifically identify that due to medical reasons, the employee was unable to work and missed the first day due to illness. The employee must see the doctor on their own time.

The intent of these guidelines is to insure the information provided the Company for excused time off is specific and necessary and is not intended to diminish an employee’s potential excessive absentee record. machine, which an individual does not normally operate. All safety guards on machines must be in place and functional.

There will be no smoking during the period between the starting and stopping time of your designated shifts up to and including overtime worked. Smoking will be allowed during the employee’s designated break periods outside all Chart buildings.

Compressed air is to be used with caution. Never use compressed air for cleaning clothing, exposed parts of the body, or for cooling purposes. Nozzles must have an approved relief vent. Unapproved alteration of air nozzles is prohibited.

Projecting nails in boxes, boards, or barrels, which are exposed, are to be bent over or removed. Other dangerous sharp projections should either be eliminated or protected.

Electrical apparatus should be repaired only by authorized personnel, regardless of how minor the problem seems to be. The supervisor is to be

If an employee is tardy, they will be excused provided they have a reason for their tardiness acceptable to the Company. In deciding on the acceptability of such reason, the Company will not act in an arbitrary manner.

An employee who has an unexcused tardy two (2) times or more will receive a written warning slip from the Company. Receipt of three (3) warning slips within one (1) year will subject an employee to a three (3) day disciplinary suspension.

Receipt of three (3) warning slips within six (6) months of the date of the three (3) day suspension warning will result in a five (5) day suspension.

Receipt of three (3) warning slips within six (6) months of the five (5) day suspension warning will subject the employee to immediate discharge.

When it is necessary to discipline or discharge an employee for just cause, the Company will issue a written notification to the employee and to the Union within four (4) working days after the Manager of Manufacturing or designated Company representative has knowledge of the improper conduct or performance, unless special investigation is required and the Union is so notified. A disciplined or discharged employee must file a written grievance within five (5) working days of the foregoing notification otherwise the discipline or discharge will be final.

If a Union employee is summoned into the office to answer a charge of violating the rules and regulations, they shall have Union representation.

It is the conviction of the Parties that prompt and fair handling of complaints of employees and charges of violation and provisions of this Agreement will lead to more efficient operations and more harmonious relations among the employees, the Union and the Company.

        In order to be considered within the grievance procedure a complaint of an employee or a charge of violation of this Agreement must be brought to the attention of the Company within ten (10) calendar days of the event causing the complaint or charge or within ten (10) calendar days after the date on which such event should reasonably have become known.

A complaint by an employee not resolved above shall be discussed in an attempt to resolve, by the employee and steward with the Supervisor within five (5) regular working days following the initial meeting/discussion between the employee and Supervisor.

If no resolution is met, the steward will present the matter to the Shop Committee Chairman who will within five (5) regular working days, present the written grievance and discuss the matter with the Supervisor and Human Resources Representative.

The Supervisor or Human Resources Representative will forward their written answer to the Shop Committee within five (5) regular working days after their discussion.

It is understood that no settlement at Step 1 can establish a precedent for future cases. It is further understood that no settlement at any Step of the grievance procedure can be inconsistent with the provisions of this agreement.

If the complaint or charge (herein after referred to as a “grievance”) is not carried to Step 2 within five (5) working days from the time of the supervisor or Human Resources Representative’s answer, it shall be considered settled.

In investigating a grievance and in discussing it with the supervisor, the department steward or Shop Committee Chairperson will take only such time as is reasonably necessary.

If the grievance is not settled in Step 1, the Union will present the grievance to the Manager of Manufacturing within five (5) regular working days after receipt of the Supervisor’s or Human Resources Representative’s answer. If the grievance is not presented to the Manager of Manufacturing within the five (5) regular working day time limit, it shall be considered settled.

Any grievance involving disciplinary time off or discharge may be initiated by the Shop Committee directly at Step 2.

        The Union and employees agree that they will cooperate in promoting safety and health programs and will comply with all safety rules and regulations and to use safety equipment as required by OSHA and the Company.

        The general rules of safety must be observed. Failure to do so will incur the penalties as set forth in the Safety Code. The Company and employees will cooperate to see that these rules of safety are observed by all employees.

        The Company and Union Safety Committee representatives will be chosen by the Health and Safety Coordinator and Shop Chairman respectively, and will serve for a period of one year. Stewards selected will serve the full period whether or not they continue as stewards for the full term. A replacement who fills a vacancy shall serve out the balance of the term of their predecessor and may serve the next full term, if selected.

        The purpose of these safety rules is to protect the employees as they work and ensure that they work safely. By following these rules, they should avoid injury to themselves or fellow employees. Strict enforcement of these safety rules will materially reduce the possibility that someone else will commit an unsafe act which could endanger them.

The work place is to be kept clean and orderly.

The Safety equipment prescribed for any particular job shall be used in a proper manner at all times.

Safety glasses and/or approved eye protection are to be worn as prescribed, in all designated areas at all times.

Rings, bracelets, wristwatches, loose garments or neckties are not permitted while operating a machine. Clothing worn shall be appropriate for the shop floor environment and shall not pose a threat to safety.

Safety toe footwear is required by all employees on the shop floor. Safety toe footwear worn must comply with all current American National Standard Codes (A.N.S.I. Z41-1991 Directive) and O.S.H.A. guidelines that are in effect.

   The Safety Committee realizes that a safe plant is an efficient one and will devote its energies to this accomplishment. In order to carry out this program, the Safety Committee will need 100% cooperation of all employees of the company. The committee encourages the making of suggestions.

Within ten (10) regular working days, after the grievance is presented to the Manager of Manufacturing a meeting will be held between the Managers of Manufacturing, a Human Resources Representative, and the Shop Committee. A representative of the IAMAW may be present and participate in this meeting.

The Manager of Manufacturing will forward their written answer on the grievance to the Shop Chairman within five (5) regular working days after the Step 2 meeting.

If the grievance does not involve a potentially continuing liability to the Company, a request for arbitration must be made within sixty (60) calendar days following receipt by the Union of the Manager of Manufacturing’s Step 2 answer. The IAMAW representative must make such request in writing to the Manager of Manufacturing of the Company. If no such request is made within the sixty (60) calendar day time limit, the grievance will be considered settled.

If any Step 1 settlement, grievance settlement, or arbitration decision involves monetary adjustment, such adjustment shall be made effective on the date the complaint or charge was presented to the supervisor at Step 1 or directly initiated at Step 2 and shall not be made retroactive for any period prior to said date.

        The time limits set forth in the grievance procedure may be extended by mutual agreement.

Following a request for arbitration, The Company and the Union shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators. Each party shall have thirty (30) calendar days to accept or reject the first panel submitted. The thirty (30) calendar days may be extended by mutual agreement between the parties. If such panel is rejected, the parties shall immediately request a new panel, which must be used. Upon mutual acceptance of the first panel or receipt of a second panel, as the case may be, the company and the Union shall alternately strike a name from the panel until a single name remains and that person shall be the arbitrator. The Company shall first cross out a name on the first arbitration under this agreement and thereafter on the odd-numbered arbitration’s. The Union shall cross out a name on the second arbitration and thereafter on the even-numbered arbitration’s.

The Company will be responsible for the payment of the first arbitration panel and each odd-numbered panel thereafter and the Union will be responsible for the second arbitration panel and each even-numbered panel thereafter.

The arbitrator chosen shall be notified of their selection by the parties. Expenses and charges by the arbitrator shall be borne equally by the Company and the Union.

A date mutually satisfactory to the parties shall be agreed upon and the dispute or grievance shall be submitted to the arbitrator.

A question raised by either party as to the arbitrability of a grievance shall be subject to arbitration. The function of the arbitrator shall be of judicial nature. The decision of the arbitrator will be final and binding upon the parties, but they shall not have the power to add to, subtract from or modify the terms of this Agreement and shall decide only the issues properly before him. An arbitrable grievance must involve a question of interpretation or application of the terms of this agreement. The decision of the arbitrator will be complied with as soon as possible.

The Union will inform the Company of the names of all Union officials including stewards. The number of Union stewards a costly and permanent injury to yourself or to a fellow employee, which you will think about for the rest of your life. It is far easier to live with SAFETY than the results of a careless accident”.

        The Safety Committee shall consist of the Shop Chairman, Health and Safety Coordinator, Safety Technician, Safety Steward, and other designated hourly and salaried representatives.

        If a safety problem arises in the department, the steward will call it to the attention of the Supervisor. Should the safety problem still not be solved within a reasonable period of time, the steward may call the Shop Chairman to investigate the problem. The Shop Chairman may discuss the problem with the Health and Safety Coordinator. If the problem still exists, it shall be placed on the agenda of the next regular Safety Committee meeting. If the problem exists following consideration by the Safety Committee, the Union may call in an outside expert to review the problem and discuss it with the Shop committee and the Company with the objective of obtaining a mutually satisfactory solution.

        “One must not believe that SAFETY begins with your fellow employees, it begins with YOU! The Safety Program can do everything possible to protect you and your fellow employees, but if YOU disregard SAFETY, you not only endanger yourself, but those around you. SAFETY must be practiced twenty-four hours a day, as an accident requires less than one second to happen. That “second” may mean may be adjusted by mutual agreement of the Company and Union. It is agreed that no employee will be discriminated against because of elected status in the Union.

The Company will agree to such arrangements as may be necessary for the Shop Chairman and/or Union stewards to carry on their Union duties. Such arrangements shall include permission for the Union representatives to leave their department and go to any other department within the bargaining unit to investigate and/or bring about a proper and expeditious disposition of a grievance or complaint.

The Company will pay the Shop Chairman and/or Union stewards for working time lost in processing grievances, and joint Union-Company conferences.

The view of the Company’s agreement above to compensate Union representatives for working time lost, the Union agrees that such time will be limited to that which is reasonably necessary to accomplish the Union duties described above.

Regular members of the Shop Committee who are to be absent on legitimate business of the Union will be excused for such absence, providing advance notification is given to their supervisor. Upon advance notice from a designated officer of the Union to the Manager of Manufacturing or their designated representatives, employees other than Union representatives will be excused from work to perform legitimate Union business provided the number requested does not interfere with production requirements.

Any time spent on Union business in accordance with this paragraph is considered as time worked in qualifying for vacations, pension, profit sharing and holidays. It is understood that the Union will not abuse this privilege.

None of the department stewards nor representatives of the Union shall leave their department, except on Company business until they have notified their supervisor.

An employee must receive permission through their supervisor for time off up to one week. Any time off in excess of one week must be supported by a leave of absence. It is understood that an employee shall not deliberately falsify reasons for requesting a leave.

The privilege of leave of absence not to exceed (60) days in a year may be granted to any employee if the application for such leave of absence is approved by the Company and the Financial Secretary of the Union prior to the time off requested. The Union will be notified of leaves approved by the Company. In case of sick leaves and emergencies, prior approval is not necessary.

Extension of a leave of absence may be granted by the Company and the Financial Secretary of the Union for good cause shown.

Leave of absence not to exceed sixty (60) days in a year will be allowed for up to two (2) employees total at any one time for personal reasons providing such leaves of absence are approved in advance of the requested time off by the Company and the Financial Secretary of the Union.

Leave of absence will be granted to an employee elected or appointed to Public Office or elected or appointed to a Union position with the Local Lodge, the IAMAW, or such other labor organization as the parties may mutually agree, upon proper application of the Company. Such leave shall be granted for a period of one year, and will be extended from year to year, but only for the same purpose for which the leave was granted.

Notwithstanding the provisions of Paragraph 73, an employee elected or appointed to Public Office may renew their leave from year to year for a period equal to their total seniority with the Company, except that they will not accrue seniority or service beyond a period equal to one-half their total seniority when they went on leave.

Leave of absence up to eighteen (18) cumulative months of such leave will be granted upon request to a military service veteran for the purpose of furthering their education providing they are eligible for such educational benefits under applicable law and has submitted proof of enrollment in an institution authorized to conduct such training.

Such leave of absence may be extended at the discretion of the Company for a period of up to an additional eighteen (18) cumulative months of such leave subject to the above conditions.

1st Year

2nd Year

3rd Year

In an effort to provide safer and more effective production equipment, the Company and the Union, do hereby agree to the following:

The Company shall loan to each employee, at no cost to him, a set of tools and tool container with lock (where needed) adequate for the proper and efficient performance of their duties subject to the following conditions:

The Company shall determine what tools are required for each job, and shall list against each job the normal tools required for it. Any tools which are to be required at the worker’s expense shall be listed accordingly.

The Company shall replace worn tools, which are broken through normal use at no cost to the worker.

An employee who returns to work within the leave of absence shall be reinstated according to their position on the seniority list at their former rate of pay plus increases or minus decreases that may have become effective during their absence, provided they give at least three (3) days notice of their intention to return.

An employee must present to the Human Resource Department, documentation acceptable to the Company for return from Sick Leave to full-time work at full capacity or part-time work at limited capacity as denoted, if warranted by the employee’s seniority standing and qualifications, will be offered an assignment to return effective no later than the second regular working day following the date of such presentation of medical approval. Failure to meet such offer deadline will require the Company to pay the employee a sum equal to the current sickness and accident daily benefit rate for each regular working day following the date of presentation of such medical evidence and continuing until the date such offer of work is made available to the employee.

When an employee who is on a leave of absence for medical reasons (non-industrial) desire to return to work, they may be required to take and pass a physical examination to prove that they are capable of performing their regular work or the equivalent thereof.

The Job Rating Committee shall consist of two (2) members of the Union, and at least two (2) members of the Company. Continuity

In the event the insurance carrier does not pay full benefit as prescribed in the master policy without justifiable reasons, the company shall further process the claim on behalf of the employee with the insurance carrier.

If an employee’s insurance terminates due to temporary layoff or leave of absence, such employees shall be eligible for insurance on the date of return to full time work.

Should alternate company health insurance plans become available, the Company and Union will meet to discuss the opportunity to participate in such plans.

On a newly-created job, no permanent assignment will be made until thirty (30) days after the date of the Committee’s rating or the date the Company-determined rate is put into effect, whichever is the earlier. If the employee performing the job has a higher rate than that put into effect, they may accept the lower rate for the job or, within the thirty (30) days, decide to return to their previous job. However, the Company may retain them on the new job at their current rate for a period of time adequate for training a replacement.

Where a job is re-rated and the labor grade is increased, an employee performing the job will receive the higher rate effective on the date of the floor review, provided a timely grievance concerning the rating of the job was presented to the Company and provided they have completed the job progression.

In the event that the labor grade of a job is to be decreased, the parties will meet to determine the appropriate means of handling the situation.

The vacation period will run from January 1 through December 31 of each year during the term of this Agreement. One week of vacation entitlement may be carried over from one year to the next; however, each year’s vacation may not exceed the annual entitlement plus 1 week carryover and then only if the employee qualifying for and requesting such consideration meets the scheduling requirements of Paragraph 192. Accident and Sickness weekly benefits will not be paid for the same period as vacation except with advance Company approval.

In the calendar year during which an employee reaches their 4th and 12th anniversary date they shall be entitled to an additional 1/2 week of vacation. With Company approval, said week may be taken up to one month prior to the employee’s anniversary date.

        In order for an employee to qualify for a vacation in any vacation period they must have worked at least six (6) months during the previous vacation period. For the purpose only of calculating such work requirements, time lost from work due to a compensable work-related injury during the vacation period in which the injury occurs, will be considered as time worked.

        An employee who has worked for the Company less than one year prior to January 1 of a given year shall, upon reaching their first anniversary date, become entitled to a two (2) week vacation during such year provided they have worked at least six (6) of the twelve (12) months preceding their first anniversary date. In the event that such employee’s anniversary date falls between December 15 and December 31 their vacation may, with Company approval, be scheduled to commence up to two (2) weeks prior to their first anniversary date.

An employee who, as of the beginning of a vacation period has one (1) or more years’ service and has worked during the preceding year but does not meet the six (6) months’ work requirement set forth in marginal Paragraph 189 above shall not be entitled to a vacation during said vacation period, they shall, instead, receive an in-lieu-of vacation payment based upon the following formula:

An employee will be paid prior to their vacation of one week or more for the appropriate number of hours to be taken at this regular rate subject to the above requirements and appropriate advance scheduling. In order to receive vacation pay in advance of their vacation, notification must be received by the Company before 9:00 a.m. of the second to individuals retiring at age 62 or later. This offer is effective from December 21, 1990 through February 3, 2010 on a non-

a. The insurance committee shall meet every three (3) months and the agenda shall be established prior to the date of the meeting. A representative of the insurance carrier shall be asked to attend the meetings.

The Employer shall continue contributions based on a forty (40) hour work week while an employee is off work and being compensated for any such time by the employer.

The I.A.M. Lodge and the Employer adopt and agree to be bound by, and hereby assent to, the Trust Agreement, dated May 1, 1960, as amended, creating the I.A.M. National Pension Fund and the Plan rules adopted by the Trustees of the I.A.M. National Pension Fund in establishing and administering the foregoing Plan pursuant to the said Trust Agreement, as currently in effect and as the Trust and Plan may be amended from time to time.

Any modification agreed upon between the parties under Section I, Paragraph 222 of this Article, resulting from negotiations commenced as a result of the sixty (60) day notice referred to therein shall take effect on the day after the Pension Plan expiration date which was in effect at the time the sixty (60) day notice was given.

The Company will offer individuals retiring after December 21, 1990, the opportunity to participate in the company Health Care Plan for an additional 18 months beyond the 18 month period allowed by COBRA (Consolidated Omnibus Budget Reconciliation Act), by paying 100% of the premium cost for coverage of similarly situated individuals. This applies Thursday, which precedes the week in which their vacation is to be taken.

Based on this number, the vacation quota(s) are established for the departments. The Company follows the policy of allowing vacation weeks to be taken between January 1 and December 31.

During December of each year, employees are asked their vacation preference for the coming vacation year. The principle of seniority in asking vacation preference is followed within each department and shift, insofar as possible.

At Company option, operations may be shut down for vacation for up to four (4) working days each year and vacation pay will be given to employees who elect to take such time as vacation. Such days must be scheduled in conjunction with Christmas, and/or New Year’s Day, and/or July 4 holidays.

An employee may take a day at a time vacation up to their full entitlement of such vacation.

Seven (7) existing days of current vacation can be taken in 1/2 day increments not to be coupled with personal business.

Regular vacations plus day-at-a-time vacations on the last regular work day prior to and the first regular work day after a holiday(s) and the Friday prior to deer season cannot exceed the department or shift group established quota plus 50%.

Requests for day-at-a-time/half day vacations should be made no later than twenty (20) minutes before the start of the employee’s shift on the day requested. The twenty (20) minute notification also applies for 2nd half of shift vacation. If an employee is sick and calls in on time, they may specify that day as a day of vacation to a maximum of their full entitlement.

An employee who is quitting or retiring will be entitled to pro-rate vacation pay based on the appropriate percentage for their length of service for all regular straight time earnings from the beginning of the vacation period until their termination if they satisfy the work requirements listed in Paragraph 188 and if they give the Company at least five (5) working days notice of their intention to quit or retire.

Payment in lieu of vacation may be made to any employee for a vacation not taken by the individual, if they are eligible for a vacation in accordance with the above paragraphs, but has not actually worked ten (10) months during the qualifying period. Upon

an employee’s death, their beneficiary, as shown in the Group Life Insurance Record, will be entitled to pro-rate vacation pay based on the appropriate percentage for the employee’s length of service for all regular straight-time earnings from the beginning of the vacation period until their death.

When an employee returns to work from a duly authorized leave of absence to the armed services, their vacation rights will be determined as follows:

If the employee returns to work between January 1st and June 30th inclusive, they shall be entitled to full vacation rights for the vacation period in which they return and must take their vacation.

If the employee returns to work between July 1st and December 31st inclusive, they shall be depending upon their years of service, entitled to 4%, 5%, 6%, or 8% of their regular straight time hourly earnings between July 1st and December 31st in lieu of a vacation for the vacation year during which they return.

All time spent in the armed services which is supported by a duly authorized leave of absence shall be considered the same as work time for computing vacation rights for the vacation period which follows the vacation period during which the employee returns to work.

The new hire rate shall be in accordance with the Wage Rate Schedule below; but, after consultation with the Shop Committee, the Company may employ applicants with significant experience at a higher rate than the new hire rate. Upon attaining seniority, an employee shall receive a seniority rate in accordance with the annual rate schedules following this paragraph, (unless they were employed at a higher rate) and be assigned a home department. The rate increases for twelve (12) months, twenty-four (24) months, etc., shown on demand any change in the Pension Plan nor shall either be requested to bargain with respect to any change in the Pension Plan, nor during the term of the Pension Plan, nor shall any modification, alteration, or amendment of said Pension Plan, be an objective of, or reason for, any strike or lockout or other exercise of economic force or threat by either the Union or the Company.

The normal retirement date of each employee will be the first day of the month following the month in which the employee’s 65th birthday occurs. An employee who retires after their normal retirement date shall receive a retirement pension, payable commencing at their actual retirement date, consisting of the following:

An amount determined as if they had retired on their normal retirement date; plus

For service accrued after their normal retirement date, an amount determined in accordance with the respective benefit rates in effect for each year or portion thereof in which such service was accrued.

a. The Employer shall contribute to the I.A.M. National Pension Fund, National Pension Plan as shown below for each hour or portion thereof for which employees in all job classifications covered by this Agreement are entitled to receive pay under this Agreement. If the employee is paid for a portion of an hour, contributions will be made by the employer for the full hour. The rate will be paid as follows:

The Union agrees to indemnify and save the Company harmless against any and all claims, demands, suits or other forms of liability that may arise out of, or by reason of, action taken or not taken by the Company in complying with the provisions of this Article, in reliance upon the Check-Off Authorizations which have been furnished it.

Subject to the provisions of Section 4 of this Article, and unless the parties otherwise agree, the Pension Plan for Hourly Rated Employees of Chart Heat Exchangers (hereinafter referred to as the “Pension Plan”) which was effective January 4, 1986, will continue to be maintained pursuant to the terms of the Pension Plan, except that the Pension Plan will be frozen and no further contributions shall be made to the Pension Plan after March 31, 1998. The Company may continue to make such changes in the Pension Plan as, in the opinion of the Company, are required for compliance with the Employer Retirement Income Security Act of 1974, as amended, and any rules and regulations promulgated thereunder (hereinafter collectively referred to as the “Act”), provided that if any such changes diminish benefits under the Pension Plan, the Company shall attempt to minimize such effect.

To be effective, written notice of proposed change(s) must be served by one party upon the other no less than sixty (60) days prior to any modification or change in the Pension Plan, except such as may be required to conform with the Act or Section 401(a) of the Internal Revenue Code of 1954, shall be prospective in its application and shall be made effective as of the date on which agreement with respect to such modification or change is reached by the Company and the Union.

The Company will continue to make contributions to the Chart Pension Plan to fund obligations for past service credit.

Neither the Company nor the Union, except under the conditions specified in Paragraph 221 of this section, shall

the rate schedules below shall become effective once the employee in question has actually worked fifty-two (52) calendar weeks, one hundred and four (104) calendar weeks, etc. on the job in question. Layoffs of three (3) months or less will be considered as time worked in the above stated time frames. (The above applies to progression rates only).

Upon receipt of a signed authorization of the employee involved, the Company shall deduct from the employee’s pay the initiation fee and regular monthly dues payable by them to the Union during the period provided for in said authorization. The amount will be certified by the Financial Secretary of the Local Lodge.

Deductions shall be made on account of the initiation fee and regular monthly dues payable from the first paycheck of the employee after receipt of the authorization and monthly thereafter from the second paycheck of the employee in each month.

Deductions provided in Paragraphs 212 and 213 shall be remitted to the Financial Secretary of the Union no later than the fifth (5th) day following the deduction and shall include all amounts due and those dues not deducted in the previous month. The Company shall furnish the Financial Secretary of the Union, monthly, with an alphabetical record of those for whom deductions have been made and the amounts of the deduction.

I hereby authorize and direct the Company to deduct from my pay beginning with the current month, the initiation fee and regular monthly membership dues in the IAMAW.

I submit this authorization with the understanding that it will be effective and irrevocable for a period of one (1) year from this date, or up to the termination date of the current collective bargaining agreement between the Company and the IAMAW, whichever occurs sooner.

This authorization shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above unless revoked by me within fifteen (15) days prior to the end of any such period. I shall also have the right to revoke this authorization at any time within a period of fifteen (15) days prior to the termination date of any collective bargaining agreement between the Company and the Union if such termination shall occur within one of the aforenoted yearly periods. Such revocation shall be effected by written notice, sent by Registered Mail, Return Receipt

Tool and Die maker

Electronic Electrician

Maintenance Mechanic

Maintenance Electrician

Millwright

Tool and Die maker

Electronic Electrician

Maintenance Mechanic

Maintenance Electrician

Millwright

Tool and Die maker

Electronic Electrician

Maintenance Mechanic

Maintenance Electrician

Millwright

Diaform Grinder

Welder (Internal Repair)

Welder (All Position 863)

Welder (All Position 862)

Machinist

Vac Furnace Operator

Tester C

Fin Press Set-up Operator

Inspector

Stacker

Tester B

Fabricator C

Receiving Clerk/Checker/Stockroom

Tester A

Fabricator B

Fabricator A

Janitor

Laborer

Probationary employees will be paid profit sharing on a pro-rata basis for base wages earned in a given year. Payment will be made after the probationary employee achieves seniority.

The second shift shall receive thirty-five ($.35) cents per hour over the day shift, the third shift shall receive forty ($.40) cents per hour over the day shift. The 4th shift, weekend shift employees will receive sixty cents ($.60) per hour over the day shift. The 5th shift, weekend shift employees will receive forty ($.40) per hour over the day shift.

One representative of the Union will be from the Apprenticeship category required; the second representative shall be the Local Lodge President or a designated appointee.

Before any changes are implemented in the Apprenticeship Program, the Company and the Union Shop Committee will discuss such change.

Diaform Grinder

Welder (Internal Repair)

Welder (All Position 863)

Welder (All Position 862)

Machinist

Vac Furnace Operator

Tester C

Fin Press Set-up Operator

Inspector

Stacker

Tester B

Fabricator C

Receiving Clerk/Checker/Stockroom

Tester A

Fabricator B

Fabricator A

Janitor

Laborer

Diaform Grinder

Welder (Internal Repair)

Welder (All Position 863)

Welder (All Position 862)

Machinist

Vac Furnace Operator

Tester C

Fin Press Set-up Operator

Inspector

Stacker

Tester B

Fabricator C

Receiving Clerk/Checker/Stockroom