Foster Veneer Operation
(Referred to Herein as the Employer)
Woodworkers Local Lodge W246
International Association of Machinists
and Aerospace Workers
(Referred to Herein as the Union)
EFFECTIVE JUNE 1, 2012
TABLE OF CONTENTS
ARTICLE TITLE PAGE
GENERAL PURPOSE OF AGREEMENT 1
ARTICLE 1 PRINCIPLES 2
ARTICLE 2 RECOGNITION 3
ARTICLE 3 UNION SECURITY 4
ARTICLE 4 EQUAL OPPORTUNITY EMPLOYER 4
ARTICLE 5 SAFETY COMMITTEE 5
ARTICLE 6 HOURS OF LABOR 6
ARTICLE 7 REPORTING TIME 7
CALL TIME 7
ARTICLE 8 SENIORITY 8
LEAVES OF ABSENCE 8
TEMPORARY ASSIGNMENTS 9
PERMANENT ASSIGNMENTS 10
CURTAILMENT PROCEDURE 14
ARTICLE 9 MAINTENANCE TRAINEE PROGRAM 15
ARTICLE 10 HOLIDAYS 17
ARTICLE 11 VACATIONS 20
ARTICLE 12 JURY DUTY 28
ARTICLE 13 BEREAVEMENT LEAVE 29
ARTICLE 14 WAGES 30
SHIFT DIFFERENTIAL 32
ARTICLE 15 VOLUNTARY CHECKOFF 33
ARTICLE 16 HEALTH AND WELFARE 34
ARTICLE 17 EMPLOYEE PENSIONS 35
ARTICLE 18 SEVERANCE PAY 36
ARTICLE 19 SEASONAL GIFTS 36
ARTICLE 20 WORK BOOT & PRESCRIPTION SAFETY GLASS ALLOWANCES 37
ARTICLE 21 EMPLOYMENT SUSPENSION AND DISCHARGE 37
ARTICLE 22 PLANT COMMITTEE 38
GRIEVANCE PROCEDURES 39
STRIKES AND LOCKOUTS 42
ARTICLE 23 DOL REPORTING REQUIREMENTS: NO DOCKING PROVISION 42
ARTICLE 24 REVISION AND TERMINATION 43
SUPPLEMENT A 44
FOSTER VENEER OPERATION
THIS AGREEMENT, made and entered into this first day of June 2012 review original contract date to post here! and revised in June 0f 2012 by and between WEYERHAEUSER COMPANY, FOSTER VENEER OPERATION, hereinafter called “The Company,” and INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, WOODWORKERS LOCAL LODGE W246, hereinafter referred to as “Union,” the authorized agent of the Company’s employees covered by this Agreement.
W I T N E S S E T H:
For and in consideration of the mutual promises and undertakings in good faith made by both parties to this Agreement, individually and collectively, the said parties do hereby agree to and with each other as follows, to wit:
The Company and the Union believe that it is in the mutual best interest of the Foster facility and its employees to provide for the safe and efficient operation of the plant. By adhering to these principles our objective is to provide long term, stable employment for all employees.
We will jointly hold ourselves accountable to abide by the Labor Relations Principles in dealing with one another, as well as to role model principle based behaviors through:
v A continual commitment to safety and the expectation to operate the facility with zero incidents, which is supported through employee intervention.
v A focused effort to operate the most cost-effective and efficient mill in its class, which is supported through continuous improvements to processes, procedures and practices as measured against this standard.
v A culture that supports individual growth and development, and ensures teamwork.
v Collective compliance with all OSHA, State and Federal Safety requirements, conformance to all Weyerhaeuser Safety Programs and adherence to safety policies in support of an injury free workplace.
v Collective compliance with all applicable environmental permits, plans and programs, adherence to all environmental policies, and conformance to the requirements of the Foster environmental management system.
v The expectation that all employees will support one another in the achievement of these goals
The following principles will guide our efforts:
v We share the vision of a safe, profitable and competitive business that serves the interest and needs of all stakeholders.
v We will interact with each other and build relationships based upon trust, honesty, openness and mutual respect.
v We will cooperate and emphasize problem solving in addressing areas of mutual interest and concern.
v We accept the principle of continuous improvement through employee involvement and empowerment as the means by which we will achieve our shared vision.
It is our belief and intent that we can create an environment that supports Foster as the undisputed leader in the residential structural frame market supply chain, while adhering to the provisions defined in this working agreement.
The parties agree that this document will not be referred to in any disciplinary action or grievance proceeding.
The Company recognizes the Union as the sole and exclusive bargaining agent for the employees of its veneer plant at Foster, Oregon, including temporary and part‑time employees, but excluding supervisory, office and clerical employees, professional employees and guards, as defined in the National Labor Management Act, as amended.
All employees on and after thirty (30) days of employment or thirty (30) days after execution of this Agreement, whichever occurs later, shall become and remain members of the Union to the extent of keeping paid all regular initiation fees and regular dues as set by the Union, as a condition of continued employment.
Any employee failing to become a member of the Union as herein provided and/or any Union member employee failing to pay regular dues for a period of three (3) months shall be discharged by the Company immediately upon receiving notice from the Union in writing, stating the employee’s status in the Union.
EQUAL OPPORTUNITY EMPLOYER
The parties signatory to this Agreement do hereby recognize that they are bound by law and conscience not to discriminate against any person or persons with regard to employment or Union membership due to his or her race, religion, color, sex, age, national origin, disability or veteran status and, as such, declare their acceptance and support of such laws.
Nothing herein will prevent the Company from fulfilling its obligations under the Americans with Disabilities Act or the Family and Medical Leave Act of 1993.
There will be a Central Safety Committee. The parties will endeavor to have a balanced representation from all respective departments and shifts in an effort to support safety activities throughout the operation. Representatives may be appointed by the Company and/or elected by the membership to ensure balanced representation. Representatives will be paid at their regular rate of pay for meetings scheduled by the Company.
Participation in the safety committee does not limit other team members from participating in other safety subcommittees or activities as deemed necessary.
The safety committee will be an active committee which meets monthly at a minimum; based upon need and activities; to work on initiatives that contribute to the operation’s success in eliminating injuries, ensuring the safety of our employees, contractors, visitors and those with whom we do business. Some of the committee’s objectives include but are not limited to:
- To ensure safety awareness, eliminate unsafe behaviors and eliminate/minimize unsafe conditions.
- To establish and maintain those safety standards, systems and behaviors that will result in an injury‑free environment, eliminate equipment damage and property loss, and to look for opportunities to make systemic changes to improve our safety results.
- Participate in safety trainings, audits, inspections, HSE and other safety teams, incident investigations, and identifying and addressing root causes.
Safety committee minutes will be forwarded to the Local Union office.
HOURS OF LABOR
All hours worked in excess of eight (8) straight‑time hours per day or forty (40) straight‑time hours per week shall be considered overtime work. Overtime work shall be paid for at one and one‑half times the rate of the job performed. There shall be no duplicating or pyramiding of overtime and/or premium pay. However, all time worked by an employee on his/her regular scheduled days off shall be paid at the rate of time and one‑half provided the employee has worked a total of forty (40) hours during his/her five (5) day regular work schedule.
Time lost from work for which an employee is compensated due to a holiday, bereavement leave, jury duty, grievance meetings, and safety meetings shall count as time worked in computing weekly overtime.
The regular work week shall consist of five (5) consecutive eight (8) hour days with Monday as the first day of the work week. Any variations or change in the work week or the present established daily work schedules may be made by the Company provided employees are given seven (7) calendar days notice of such change and the following conditions are met:
- The work week of powerhouse employees and watch person may be adjusted to meet the needs of the operation.
- Repair and maintenance employees’ work week may be adjusted to meet the needs of the operation; however, they shall have two (2) consecutive days off.
- When operations are maintaining a seven (7) day work schedule, work schedules for those employees necessary to operate that department or job may be adjusted as long as such employees have two (2) consecutive days off.
- Other shift configurations for all or part of the plant operation may be instituted by the Company (for example, four (4) ten (10) hour shifts). If such shift changes require related contract modifications, such shall be deemed made. For example, overtime over eight (8) hours in a day shall be changed to overtime over ten (10) hours in a day if it is decided to operate a four (4) day, ten (10) hour schedule. Likewise, if a holiday falls on a day the employee is scheduled to work, he/she will receive ten (10) hours pay, but if it falls or is observed on a nonscheduled day, he/she will receive eight (8) hours pay.
If a mechanical or operational breakdown occurs, the Company shall have the right to adjust lunch periods of crews or individuals plus or minus one hour from established schedules to accommodate repairs.
REPORTING TIME & CALL TIME
An employee reporting for his/her scheduled work but not put to work shall be guaranteed two (2) hours pay, unless notified prior to reporting for work that his/her services are not required. The type of notice to be used shall be agreed upon by the Company and Union.
This rule shall not apply if the failure to put employees to work is caused by something the Company could not foresee in time to give notice.
After leaving the Company’s premises following completion of their regular shift, employees called back to work prior to, but not contiguous with, their next regularly scheduled shift, shall be paid three (3) hours at their regular straight time or overtime rate, as appropriate, or pay for the hours actually worked, whichever is greater.
Seniority is length of service in the Foster veneer plant from the date of last employment. An employee shall not acquire seniority until completion of sixty (60) days at work, but once acquired shall relate back to the date of employment.
Probationary Employees – A new employee shall be considered a probationary employee for the first sixty (60) days at work.
Qualifications considered, seniority shall apply on layoffs, call backs after layoffs, and filling job vacancies.
Seniority is lost by quit or discharge (unless reinstated). An employee on leave of absence who does not report for work upon expiration of his/her leave shall lose his/her seniority unless he/she has just cause for his/her failure to report.
Seniority shall be lost by any employee who misses a work shift without notifying their supervisor or the superintendent of their absence by the beginning of their next scheduled shift, unless circumstances beyond their control prevent them from doing so.
Seniority shall be terminated on the first of the month coincident with or first following twenty four (24) months on layoff.
LEAVES OF ABSENCE
Any employee selected to a permanent Union position necessitating a leave of absence, shall be granted a leave of absence by Company provided sufficient advance notice is given so that their work may be properly cared for. The duration of such leave of absence will be limited to four (4) years. Extensions of up to four (4) years shall be granted upon request by the affected employee for as long as the employee fills the
permanent union position. Employees absent pursuant to such leaves of absence shall retain all seniority rights. All such leaves of absence shall be granted in writing by the Company and a copy of the letter granting such leave shall be filed with the Union and the employee. Upon expiration of such leave of absence, the employee will give at least ten (10) working days written notice to the Employer before returning from said leave of absence.
The Company further agrees that any employee elected to a county, state or federal office requiring such portion of his or her time as to interfere with the performance of his or her job shall, upon request, be granted a leave of absence equal to one (1) term in office, unless extended by mutual agreement. If such employee returns to work upon expiration of said leave of absence, he or she shall be reinstated to the job (if qualified) and shift held at time of leave. An employee shall not accrue vacation or holiday rights while on such leave of absence.
Temporary assignment by the Company to fill a vacancy shall not exceed a period of seven (7) days, except vacancies resulting from vacation, leave of absence, sick leave, accident leave, or temporary jobs which only may be filled by the Company for a period not to exceed thirty (30) days, but if such vacancies are known to be for longer than thirty (30) days, they shall be posted immediately. Temporary assignments made by the Company to fill a vacancy shall in no way create any rights to that job, except by bid.
An employee temporarily transferred to another job shall be paid for such work at his/her regular job rate or the rate of the job to which he/she is transferred, whichever is higher, provided the job is performed for two (2) consecutive hours.
Permanent assignments for the purpose of this paragraph shall cover all assignments to vacancies or new jobs, other than defined under “Temporary Assignments” above.
- Subject to the provisions hereinafter set forth in this Article, plant seniority shall apply when vacancies or new jobs occur.
- All jobs being filled permanently shall be posted on Monday prior to filling such assignments, with applications to be deposited in a box provided for that purpose. Posting and bidding shall be by job classification and shift. Bids shall be in no later than Thursday noon. Job changes will be made the following Monday. In circumstances where bidders have equal plant seniority, the bidder with the greater job seniority in the same classification shall be assigned.
- In order to ensure trained employees are available to fill vacancies in certain key jobs, it is agreed that a list of key jobs may be listed in the seniority rules and classified as break‑in jobs, and will be posted for bid as such. Employees awarded break‑in jobs will be given an opportunity to train for the key job and may secure training for key jobs while occupying their regular jobs. Wages during this training are to be at the employee’s regular rate of pay. In no case shall this training period exceed thirty (30) days accumulated work, unless mutually agreed upon by both parties. If an employee is awarded a break‑in job, he/she must give at least ten (10) days written notice to the Company and the Union of a desire to make a change. If no notice is given, he/she must advance to the key job, if deemed qualified by the Company or be placed on a no‑bid job and bid from there.
- The employee with the greatest plant seniority who has complied with the posting rules will be given up to forty-five (45) days at work trial on the job which may be extended by mutual agreement, provided he/she has reasonable qualifications for the specific job as defined in Item E (see below). An employee may disqualify him/herself at any
time during this forty-five (45) days at work trial period. However, once an employee is deemed qualified by Company, the employee will have 24 hours to accept the position or decline the job. Employees who bid on a shift change within the job classification shall have seven (7) days to decline the job.
During the trial period, employees will receive the lesser rate of pay of the job in which they are attempting to qualify, or the rate of pay of the job in which they last held. In the event the bidder is awarded the job permanently he/she will be made whole for the difference in the rate of pay for all hours worked during the trial period.
Employees will not acquire future recall or curtailment rights to a bid job unless they have held the job for the full forty-five (45) days at work.
If the successful bidder is bumped or curtailed from a job prior to completing the forty-five (45) days at work qualification period, he/she will maintain bid rights as outlined below:
- In the event the curtailed job and shift is later reestablished or becomes vacant, the employee on curtailed status with the most plant seniority from said job and shift shall have job rights provided he/she exercises said rights at his/her first opportunity. Failure to do so shall result in cancellation of all rights to said job except by bid or curtailment.
- Upon returning to job and shift without completing the forty-five (45) days at work trial on the job, said employee must qualify within a new forty-five (45) days at work trial on the job starting at the most recent date of successful job bid.
- When each job is bid, there shall be selected from such of the bidding employees a successful bidder. The successful bidder must possess the minimum qualifications necessary to perform the job with a reasonable trial and training period not to
exceed forty five (45) days, taking into account where applicable to the job in question prior training, experience, physical ability, aptitude and overall general employment records to include safety performance.
- If the successful bidder fails to qualify within the forty-five (45) days at work trial on the job, the qualifying second bidder will be awarded the job. Should the second bidder fail to qualify within his/her forty-five (45) days at work trial period, then the job shall be reposted for plant-wide bid.
An employee will be allowed three (3) successful bid awards in any twelve (12) consecutive month period. Extenuating circumstances will be considered on a case-by-case basis. Should the employee be removed from the bid award due to Company disqualification during the forty-five (45) days at work trial period, curtailment, or certified medical disqualification, it shall not count against his/her allotted job bid awards. Exercising recall rights does not count as a bid award.
- An employee assigned to a job by bid shall go on that job and remain, except that if disqualified due to physical or medical reasons, or by inability to perform the job prior to the end of the trial period, he/she will return to his/her former job and shift. If an employee wishes to be removed from that position he/she has bid in, he/she must bid off the job or be placed on a no‑bid job, and bid from there. In effectuating the above, plant seniority shall remain intact.
- If an employee is awarded a job and during his/her trial period decides to return to his/her former permanent job, they will be restricted from re-bidding to that same job classification and shift for twelve (12) months following the date the job was awarded to them.
- When an employee is demoted to another job classification, he/she may bid on jobs without canceling any rights to return to the job demoted from.
- Claims to any given job must be made prior to the time the job is assigned; otherwise the claims to the job will be canceled.
- An employee permanently assigned to a job (not bid in) after posting, or to a job in a classification where posting is not required, shall have the same rights to the job as if he/she had been a successful bidder.
- An employee absent from work due to an industrial or non-industrial injury or illness may, upon his/her return to work, claim by bid any job posted during his/her absence provided he/she exercises said bid within five (5) working days of his/her return to work. However, should the absence extend beyond one (1) calendar year, the employee may bid only those jobs posted during the last six (6) months of his/her absence.
An employee absent from work due to an authorized leave of absence (vacation, military service, etc.) may, upon his/her return to work, claim by bid any job posted during this absence provided he/she exercises said bid within five (5) working days of his/her return to work. However, should the leave of absence extend beyond thirty (30) calendar days, the employee may bid only those jobs posted during the last thirty (30) calendar days of his/her leave of absence.
Any employee displaced as the result of this item shall be considered curtailed and subject to all rights as outlined in the Curtailment Procedure.
- M. In the event an employee is disabled to the extent that he/she can no longer perform the duties of his/her regular job, he/she may with medical proof, elect to return to his/her last permanent job and shift. In the event an employee’s last bid job and shift is not in operation, they shall return to their next permanent bid job and shift, etc. If the employee has no job and shift to return to, they will be allowed to exercise their plant seniority and bump any employee who has less plant seniority holding a permanent
job which the curtailed employee is immediately qualified to fill. The employee who does so will be required to give up all existing rights to the job he/she has vacated and may return to said job only by bid, with his/her doctor’s consent.
Any employee displaced as the result of a returning disabled jobholder shall be considered “curtailed” and subject to all rights as outlined in the Curtailment Procedure. Additional medical proof may be required by either the Company or the Union.
In the event a job is curtailed, the employee with the least job seniority on that job and shift shall be the first curtailed. The curtailed employee will then return to his/her last permanent bid job and shift. In the event an employee’s last bid job and shift is not in operation, he/she shall return to his/her next permanent bid job and shift, etc.
Curtailed employees who have no job and shift to return to will be allowed to exercise their plant seniority and bump any employee who has less plant seniority holding a permanent job which the curtailed employee is immediately qualified to fill
All permanent jobholders bumped as a result of a curtailment will be considered curtailed and be subject to the curtailment procedure.
In the event the curtailed job and shift is later reestablished or becomes vacant, the employee on curtailed status with the most plant seniority from said job and shift shall have job rights provided he/she exercises said rights at his/her first opportunity. Failure to do so shall result in cancellation of all rights to said job except by bid or curtailment.
In cases of temporary curtailments, the Company will not be required to reassign crews; however, when it is determined that such temporary curtailment will be in excess of two (2) full weeks, then the curtailment shall be accomplished in accordance with the procedures outlined above.
MAINTENANCE TRAINEE PROGRAM
Selection into the Maintenance Department, including related training/apprenticeship programs, will be based on an individual’s knowledge, training, skill and ability, as determined by means of a testing process (to assess aptitude and/or skill level), interview process, and review of the individual’s work history/performance, including willingness to work any shift required, as well as overtime. The senior employee will be selected from among those determined to be qualified per the foregoing. State apprenticeship eligibility requirements will also be considered.
As deemed necessary by the Company, a Maintenance Helper position will be posted for plant-wide bid. This job may or may not run concurrent with the successful bidder’s current job classification depending on business needs. The Maintenance Helper will work as needed in the Maintenance Department, on whichever shift he/she is needed, at the Maintenance Helper rate until he/she is indentured into an apprenticeship program. Maintenance Helpers will have the first opportunity for straight time and overtime maintenance work after the regular maintenance crew and can expect to gain experience in a variety of maintenance and related jobs.
A Maintenance Helper will be removed from a position if the Company determines he/she is not progressing satisfactorily, refuses or is unable to be indentured. Any employee disqualified from the job will return to his/her last bid job and shift as soon as possible (for non-concurrent Helper positions). A Maintenance Helper so disqualified from the job will not be allowed to re-bid to it in the future unless mutually agreed by the plant committee.
A Maintenance Helper becomes a Trainee upon being indentured and will receive the established and applicable period 1 rate. The Trainee who successfully completes the apprenticeship period as approved by the Company and Apprenticeship Board (when applicable) shall advance to the next higher pay period.
The Millwright Trainee and Maintenance Trainee will receive his/her trainee rate on every Maintenance job performed regardless if he/she is to work in addition to or in place of any other Maintenance employee in any Maintenance classification and regardless of the specific tasks performed.
It is understood that Millwright Trainees and Maintenance Trainees will be expected to perform any work that is up to his/her level of training and/or experience. If the Company determines the Trainee is not performing satisfactorily or is not progressing through the Apprenticeship Program satisfactorily, he/she will be disqualified from the Maintenance Trainee Program and return to his/her last bid job and shift (excluding Maintenance Helper).
Millwright and Maintenance Trainees cannot hold break-in jobs in other departments.
- New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, “the day following Thanksgiving Day,” “the day before Christmas Day,” Christmas Day, “the day before New Year’s Day” and two floating holidays shall be recognized as paid holidays for all qualified employees.
Christmas Day (December 25) shall mean a twenty‑four (24) hour calendar day period commencing at 12:01 a.m. and ending at 12:00 midnight.
Two (2) additional floating holidays will be provided and applied as follows:
One will be designated by management by March 1st of each year to qualified employees. In the absence of such designation, the holiday will be an individual floating holiday. The Company will not schedule the floating holiday during weeks when the Company has designated vacation. Eligible employees may receive pay in lieu of time off for his/her floating holiday(s) if he/she makes written application.
One will be an individual floating holiday. It shall be the employee’s responsibility to give the supervisor adequate notice. Employees must receive approval prior to taking the requested floating holiday. Management will approve floating holiday requests subject to operational needs.
Paid holidays recognized by this Agreement shall be observed on the day established by Congress for federal employees.
- Holiday pay shall be computed at the qualified employee’s regular job rate of pay, including any applicable shift differential, for his/her regular straight-time work schedule. Qualified employees will receive holiday pay for the hours scheduled in their regular work schedule if the holiday falls on the employee’s workday. If the holiday falls on a day the qualified employee is not scheduled to work, he/she will receive eight (8) hours of straight-time pay.
- Work performed on any “paid” holiday shall be paid for at one and one‑half times (1 ½) the employee’s job rate of pay. There shall be no doubling of overtime, premium or holiday pay rates.
- If a holiday falls on Sunday, the following Monday shall be recognized as the holiday; however, the December 24 and December 31 holidays shall be recognized on the days they occur, without regard to Sunday.
- When a holiday falls within a week the Company has designated for vacation, employees will be permitted to take a day off during a one hundred twenty (120) day period after the holiday. Pay for the holiday will continue as is currently provided and the day off will be without pay. Scheduling the day off will be by mutual agreement so as not to disrupt operations.
- No employee shall be required to work overtime or on holidays without the employee’s consent, except employees hired with the understanding that work on holidays shall be part of their regularly scheduled work week shall not be governed by the above provision.
- An employee is qualified for holiday pay if his/her last hiring date was at least ninety (90) calendar days prior to the “paid” holiday, and if he/she works his/her last regularly scheduled work day prior to the “paid” holiday, unless excused by the Company. No payment will be made for any holiday that occurs in any month after an employee’s retirement date.
- Where an employee is absent because of an industrial accident or occupational disease, and has at least ninety (90) calendar days seniority, he/she shall be qualified for holiday pay for the “paid” holidays which occur during the first six (6) months following the first compensable date of the disability resulting in such absence. Written proof of such industrial accident or occupational disease may be required by the Company. Such holiday pay shall be paid on the regular payday for the period in which the holiday occurs.
- Where an employee is absent because of an accident or illness, other than an industrial accident or an occupational disease, and has at least ninety (90) calendar days seniority, he/she shall be qualified for holiday pay for the “paid” holidays which occur during the first thirty (30) calendar days following the commencement of such accident or illness resulting in such absence. Written proof of such accident or illness may be required by the Company. Such holiday pay shall be paid on the regular payday for the period in which the holiday occurs.
- When an employee loses holiday pay because of lack of work, upon his/her return to work he/she shall receive an amount equal to the pay so lost during his/her first thirty (30) calendar days of such layoff.
- When an employee loses holiday pay because of a layoff due to weather conditions, upon his/her return to work he/she shall receive an amount equal to the pay so lost during the first one-hundred twenty (120) calendar days of such layoff.
- Otherwise qualified employees on leave of absence for Union business shall be qualified for holiday pay for the “paid” holidays which occur during the first thirty (30) calendar days of such leave of absence, provided the employee returns to work upon the termination of such leave of absence.
- If an otherwise qualified employee fails to work said “day before” the “paid” holiday because he/she is on leave of absence of not to exceed thirty (30) days duration, specifically authorized by the Company (including temporary leave of absence for Armed Forces or National Guard service) and returns to work in accordance with the terms of such leave of absence, the affected employee’s last scheduled work day before leaving on such authorized leave of absence of not to exceed thirty (30) days duration shall be considered as synonymous with said “day before” the “paid” holiday.
- An otherwise qualified employee shall qualify for all paid holidays which occur within thirty (30) days of a permanent plant closure, provided said employee actually works the last work day scheduled for him/her by the Company.
- If an otherwise qualified employee specifically excused by his/her supervisor from reporting for work by verbal excuse, if for three (3) days or less, provided that in the event such excused absence is granted by the supervisor, either the supervisor or the affected employee shall notify the Company’s time office (or persons other than the supervisor granting said excused absence that is designated by the Company) within five (5) days from the time the excused absence was verbally granted, that such verbal excuse had been granted. Excused absences for a period in excess of three (3) days must be in writing.
- Each employee shall be granted vacation benefits subject to the provisions of this Article.
- Vacation Base Year ‑ A twelve (12) month period commencing on June 1 and ending on the following May 31.
- Compensable Hours
a) All hours worked during the vacation base year, plus holiday, jury duty, bereavement leave and vacation pay hours (but excluding vacation increment hours).
b) In addition, compensable hours will include those hours with which the employee would have been credited during the first twenty‑four (24) months following the date of disability from a compensable industrial accident or illness incurred during the course of employment with the Company and which is recognized by the appropriate State agency.
- Continuous Employment
a) Employment with the Company (or its predecessors only in those situations where previous contractual agreement has been made) uninterrupted by absence due to discharge unless reinstated within thirty (30) days, or due to voluntary severance of employment by the employee, or due to retirement of the employee.
- Vacation Benefits
a) That amount of vacation time off, vacation pay, and vacation increment for which an employee qualifies, based upon vacation credit years and compensable hours accumulated during the preceding vacation base year. Vacation benefits shall be established as of May 31 of each vacation base year and shall be applied during the following vacation base year, except as modified in D. below. (Vacation benefits for employees terminating prior to May 31.)
- Vacation Credit Years
a) Each employee shall receive one (1) year of vacation credit for each full year of continuous employment commencing on June 1 and ending on the next following May 31, both dates inclusive.
b) Any employee hired ninety (90) days prior to May 31 who remains in the continuous employ of the Company through May 31 shall be credited with one (1) year of vacation credit as of the June 1 following the employee’s date of hire.
- Vacation Time Off
a) One (1) Week ‑ Seven (7) consecutive days commencing on the first day of the employee’s regularly scheduled work week, unless otherwise agreed to by the Union and the Company.
b) Two (2) Weeks ‑ Fourteen (14) consecutive days, except it may be two (2) nonconsecutive weeks of seven (7) consecutive days each if agreed to by the Union and the Company.
c) Third, fourth, and fifth weeks ‑ Seven (7) consecutive days each as provided in 6. a. above.
- Vacation Pay
a) The hours of pay to which an employee is entitled during vacation time off as defined in 6. a., b., c. above.
- Vacation Increment
a) Effective June 1, 2001, that pay (over and above vacation pay) based on vacation credit years.
- Vacation benefits for employees on the payroll May 31:
- An employee in the employ of the Employer on the May 31 that concludes a vacation base year and who has 1200 or more compensable hours during that vacation base year shall receive vacation time off, vacation pay in accordance with the table below:
Vacation Credit Years
|Vacation Time Off||Vacation Pay|
|1 and 2||1 week||40 hours|
|3 through 5||2 weeks||80 hours|
|6 through 11||3 weeks||120 hours|
|12 through 19||4 weeks||160 hours|
|20 or more||5 weeks||200 hours|
- Employees who have completed 20 or more years of continuous service as of June 1, 2013 and 2016 shall receive an additional 40 hours vacation pay at the applicable rate of pay. These vacation increment hours will be suspended for the 2014 and 2015 vacation base years.
3. An employee in the employ of the Company on such May 31 who has 640 or more but less than 1200 compensable hours in the vacation base year shall receive vacation benefit in accordance with the table above, except that the total vacation pay will be reduced by the amount shown below, applied to the first vacation payment.
Compensable Hours Vacation Pay Reduced By
920 but less than 1200 8 hours
640 but less than 920 16 hours
D. Vacation benefit for employees terminating prior to May 31:
- An employee terminating employment for any reason during a vacation base year and who has one-thousand two-hundred (1200) or more compensable hours in such vacation base year shall receive vacation pay and vacation increment in accordance with the employee’ years of vacation credit years as of the preceding May 31, in accordance with C. above.
a) An employee in the employ of the Company on any June 1 who leaves before the following May 31 because of (1) retirement under the Company’s negotiated Pension Plan, or (2) death, or (3) entering active duty in the United States Armed Forces (during periods when there is compulsory military service or required by Federal Statute), or (4) separation from employment through no fault of his/her own (not including discharges and voluntary quits), and who has 640 but less than 1200 compensable hours during that period shall receive vacation pay and vacation increment in accordance with C. 2. above.
b) An employee otherwise qualifying per 2. a. above, having less than 640 compensable hours, shall receive prorated vacation pay in accordance with the following schedule:
Vacation Credit Years as
of the Previous May 31 Amount of Vacation Pay
1 through 2 years 1 hours pay per 30 hours worked
3 through 5 years 2 hours pay per 30 hours worked
6 through 11 years 3 hours pay per 30 hours worked
12 through 19 years 4 hours pay per 30 hours worked
20 or more years 6 hours pay per 30 hours worked
- An employee who leaves the employ of the Company prior to May 31 who has less than one-thousand two-hundred (1200) compensable hours in that vacation base year and who does not qualify under the provisions of D.2. above, shall receive no vacation benefit.
- Vacation Benefit for Returning Employees
An employee returning to the employ of the Company during a vacation base year following absence:
- Due to active duty in the United States Armed Forces (during periods when there is compulsory military service or required by Federal Statute), or
- For a compensable industrial illness or injury which occurred in the course of employment with the Company extending for a period in excess of twenty‑four (24) months, and who accrues less than 640 compensable hours in the balance of that vacation base year shall receive prorated vacation pay in accordance with D.2.b. above.
- Vacation Rate of Pay
The rate of pay for vacation pay purposes shall be computed as follows:
- For an hourly paid employee ‑ The employee’s regular job classification straight‑time rate in effect at the time of payment (lump sum or paid when taken).
- All vacation rates of pay shall include any applicable shift differential for employees regularly assigned to a swing or graveyard shift.
- Qualified employees terminating prior to May 31 of the vacation base year will receive the straight-time rate of their regular job classification in effect on the date of termination.
- Time and Method of Vacation Payment
Vacation payments shall be included in the employees’ regular pay check and issued to eligible employees in the following manner:
1) Vacation payments shall be made as a lump sum payable on the first full bi-weekly pay period following the June 1 contract anniversary date, at the employee’s regular job classification straight-time rate in effect at that time; or
2) Employees, by May 15 prior to the contract anniversary date, may elect that vacation be paid when taken. In that event, vacation pay will be included with regular pay for the bi-weekly pay period in which the vacation is taken, at the employee’s regular job classification straight-time rate in effect at that time.
3) For employees receiving vacation increment pay – Included in the first vacation payment.
4) For eligible employees terminating for any reason and for employees entering the Armed Forces (during periods when there is compulsory military service or required by Federal Statute) ‑ with final check.
- Vacation Scheduling
In scheduling vacation periods, the following provisions shall apply:
- The Company may elect to close down the entire operation or stagger closures by departments or shifts (for the first, second, third, and/or fourth vacation weeks), or any combination thereof, and must notify the employees and the Local Union of the choice by April 15, and, on request, discuss the method with the Local Union by or before May 1.
- If the Company elects to close the operation for the first and second weeks, such closure must be scheduled in June, July, or August, unless otherwise agreed upon between the Company and the Local Union.
- The Company may schedule the third or fourth week at any time during the vacation base year, but if electing to close down for the third and/or fourth week, the Local Union must be notified by April 15.
- If the Company elects to stagger vacation periods individually, the employees will be given preference by seniority, insofar as practical with the operating needs of the operation, on requests submitted in writing prior to May 1 for the first and second weeks and fifteen (15) days in advance for the third, fourth, and fifth weeks.
- Each employee must take vacation time off for the first and second weeks, and for the third and fourth week if a close down is elected by the Company.
- When the Company elects to stagger the third vacation week, affected employees may elect to take pay in lieu of the third week, and qualifying employees may elect pay in lieu of the fourth and fifth week in any event.
- When a paid holiday falls within a vacation period, no extra day of vacation will be taken, but no reduction in vacation pay shall be made because of holiday pay.
- In cases of breakdown or other emergency, the notices referred to above may be shortened by agreement between the Local Union and the Company.
- No duplication of Benefits
There shall be no pyramiding or duplication of vacation benefits under this Article.
Any regular employee who is required to perform jury duty, including grand jury duty, will be entitled to reimbursement at the straight‑time hourly rate of his/her regular job, including shift differential if assigned to swing or graveyard shift, for the hours necessarily lost as a result of serving on the jury; provided, however, that such reimbursement should not exceed the time lost from the employee’s regular shift schedule. The employee will be required to furnish a signed statement from a responsible officer of the court as proof of jury duty.
Day shift mill employees will be required to report for work if their jury duty ends on any day in time to permit at least four (4) hours work in the balance of their regular shift. Other shift employees will not be required to report for work on any day they have performed jury duty for more than one‑half day.
Graveyard shift employees, or night shift employees whose regular schedule ends after 1:30 a.m., will have the option of electing to take their jury duty leave on the shift prior to the jury duty service.
Hours paid for jury duty will be counted as hours worked for the purpose of computing vacation pay, health and welfare, pension contributions, and overtime.
The above provisions apply to employees on days they are required to report for jury duty, even though not selected to serve as jury members.
- When death occurs to a member of an employee’s immediate family, the employee shall be granted necessary time off for bereavement purposes. Said employee will be compensated at his/her regular straight‑time hourly rate for hours lost from his/her regular schedule for up to three (3) consecutive days (excluding assigned days off), subject to the following limitations:
- Members of an employee’s immediate family are limited to the employee’s spouse, sons, daughters, mother, father, brothers, sisters, stepparents, stepchildren, grandfather, grandmother, grandchildren, great-grandchildren, mother‑in‑law and father‑in‑law.
- Proof of relationship and/or death may be required.
- Any paid time off must be taken between the date of the death and two (2) working days following the date of the funeral.
- Bereavement leave pay will not be granted for any day on which an employee is not scheduled to work.
- Compensable hours under the terms of this Article will be counted as hours worked for computing vacation pay, holiday pay, weekly overtime, health and welfare and pension contributions, or eligibility.
Effective June 1 2012, the basic wage scale established under this Agreement shall be sixteen dollars and twenty six cents ($16.260) per hour for unskilled labor.
New Hires – All new hires will receive two dollars ($2.00) per hour less than the contract rate during the first thirty (30) days of employment. The Company may make exceptions for skilled positions.
- Effective June 1, 2013, a $0.20 general wage increase shall be applied to all job classifications, to be implemented Monday, June 3, 2013.
- Effective June 1, 2014, a $0.35 general wage increase shall be applied to all job classifications, to be implemented Monday, June 2, 2014.
- Effective June 1, 2015, a $0.55 general wage increase shall be applied to all job classifications, to be implemented Monday June 1, 2015.
Temporary summer students may be hired to work from May 15 through September 15. These temporary summer students are not covered by the seniority, holiday, vacation, health and welfare, bereavement leave, jury duty, and pension articles in this collective bargaining agreement. The Company is not required to make either Health and Welfare or Pension contributions on their behalf. Students who are children of Weyerhaeuser employees will be given preference when hiring under this provision.
All general wage increases provided herein shall be computed and applied on the straight‑time hourly wage rates, excluding shift differential or any other premium.
Except as provided above, the subjects of general wage adjustments and individual job classification adjustments are closed until June 1, 2016, except that such closure will not bar negotiations at any time subsequent to June 1, 2012 on rates of pay for newly‑established job classifications, or in regard to job classifications wherein there has been a substantial change in job content.
The Company shall furnish a list of wage schedules for all classifications in this operation. These schedules shall be kept up‑to‑date.
Final Pay – Final pay for voluntary quits or involuntary terminations is payable on the next regular payday.
Night shift differential: The Company shall pay, in addition to the established wage rates, a swing shift differential of fifty-four cents ($.54) per hour and the graveyard shift differential shall be sixty cents ($.60) per hour.
A day shift employee who works over or into a swing shift shall receive the swing shift differential for all time worked on said swing shift.
A swing shift employee who works over or into a graveyard shift shall receive the graveyard shift differential for all time worked on said graveyard shift. A graveyard shift or swing shift employee who works over or into a day shift shall not receive a shift differential for the time worked on day shift.
Computation of shift differential shall be in the following manner:
- Shift differential will be computed when figuring vacation pay and paid holidays for those employees holding jobs which, when worked, are worked on said first or second night shifts.
- Overtime is computed on an employee’s basic job rate and includes a shift differential in its computation.
The Company agrees to deduct from the pay of each employee who authorizes such deduction, initiation fees and monthly dues, and to remit such deductions to the Local Union once a month, together with a list of the employees showing the amount deducted from the pay of each. The Financial Secretary of the Union shall inform the Company in writing of these charges to be deducted and any change which may be authorized from time to time.
I hereby authorize the Company to deduct from my pay the amount of the initiation fees and monthly dues, as specified by the Financial Secretary of the Local Union, to be remitted to the Local Union each month.
In the event official written notice is received from the Local Union that the monthly dues have been changed while this authorization is in force, my Company is authorized to deduct from my wages each month thereafter such amount as is specified in said notice from the Local Union.
I agree that this assignment of wages shall be irrevocable for a period of one (1) year from its date or until the expiration of the contract (whichever occurs first), and that it will be automatically renewed and irrevocable for an additional year from each of its anniversaries or each anniversary date of the contract (whichever occurs first), unless I submit a written revocation by registered mail to the Company within the ten (10) days preceding the anniversary date of this authorization or expiration date of the contract (whichever occurs first).
Date: Signature: __________________________
HEALTH & WELFARE
- The Union, on behalf of the employees individually and collectively within the Collective Bargaining Unit, and the Company agree to participate in the multi‑employer, jointly‑administered health and welfare trust and plan to be known as “The Nelson Trust.”
- The Company and the Union further agree to accept and be bound by the terms and conditions of said multi‑employer Health and Welfare Trust and Plan, the same being as though they were signatory thereto. A copy of the Trust and Plan shall be provided to the Company and Union by the Joint Committee of said Trust and Plan.
- Effective January 1, 2013, Extend Health, or a comparable plan that will provide comparable benefits to the retirees that would be a lower cost to the Trust, will be the only option made available for retirees who are covered under Medicare.
- The Company will contribute $5.57 to the Nelson Trust per compensable hour, effective July 1, 2012, based upon June hours, for the term of the bargaining agreement. Vacation increment hours shall not be considered as compensable hours for this purpose.
- The Trustees agree to enact language that will effectively disallow retiree participation in the Trust of any employer who no longer supports the Trust through contribution made on behalf of active employees.
- Any eligible participant who retires on or after January 1, 2013, who is or becomes Medicare eligible, will not be allowed to participate under the Nelson Trust. Dependants of said retirees will be allowed to continue coverage under the Nelson Trust until Medicare eligible. The provision will apply as long as the dependants would be eligible to participate in the Trust as if the Medicare retiree was still in the plan.
- The Union, on behalf of the employees individually and collectively within the collective Bargaining Unit covered by this Agreement, and the Company agree to accept and be bound by the terms and provisions of the pension and trust plan known as “Timber Operators Council – I.A.M. Defined Contribution Pension Trust and Plan.”
- The Company agrees to participate in the IAM-TOC Defined Contribution Pension Trust and shall increase the rate of contribution to the Trust and Plan as follows:
The contribution to said Trust and Plan, effective with such June, 2012 compensable hours and first payable in July, 2012 shall be one dollar and sixteen cents ($1.16) per compensable hour of each covered employee. Vacation increment hours shall not be considered as compensable hours for this purpose.
The contribution to said Trust and Plan, effective with such June, 2014 compensable hours and first payable in July, 2014 shall be one dollar and twenty-one cents ($1.21) per compensable hour of each covered employee. Vacation increment hours shall not be considered as compensable hours for this purpose.
In the event of the permanent closure of the plant, termination benefits will be available under this section to eligible employees with at least one (1) continuous year of service whose termination is directly caused by the plant closure, and for no other reason.
Such employees who remain with the Company as long as their services are required will be eligible for termination pay at the regular straight‑time day rate of their regular job on the date the closure was announced.
Termination pay will be calculated on the basis of forty (40) hours of pay for each full year of service on the date of termination. Termination pay will be limited to a maximum of one-thousand forty (1,040) hours of pay per eligible employee.
Seasonal and other gifts may be granted to eligible hourly employees as deemed appropriate by the Company. It is understood that the granting of such gifts shall not set precedence, and the decision to either grant or discontinue same shall rest solely with the Company.
WORK BOOT AND PRESCRIPTION SAFETY GLASS ALLOWANCE
Boots: ANSI approved (leather, steel toe, over ankle): $95 per year
Prescription Safety Glasses: $125 per year
A one year carryover of the above amounts is allowed. In no case will there be more than one purchase eligible for reimbursement during any annual allotment.
EMPLOYMENT SUSPENSION AND DISCHARGE
The Company reserves the right to hire all new employees; and to suspend or discharge employees covered by this agreement, subject to the employee’s right to grieve.
Sometimes discipline is necessary to correct unacceptable behavior through a formal disciplinary procedure.
- Discipline for just cause may include any of the following:
- Verbal Warning (in writing)
- Written Final Warning
The parties agree that progressive discipline is generally the means of correcting unacceptable behavior except in cases of gross misconduct, inexcusable error, and major safety infractions. Those infractions may result in discharge absent extraordinary circumstances.
Should discipline be necessary, it will be administered in the presence of a shop steward or committee person.
An employee shall be considered as on probation for a period of one hundred eighty (180) days at work following each such warning as provided above. If at the end of such one hundred eighty (180) days at work the employee is still employed and has received no further warnings, it shall be considered that his/her probation period is over.
Any employee who feels he/she has been unjustly suspended or discharged must within four (4) days of receiving notification of such action, file a grievance under the procedure outlined in Article 22 (Grievance Procedure) or his/her grievance will be null and void.
The Company reserves the right to discharge a probationary employee (i.e. new hire) notwithstanding the above.
PLANT COMMITTEE & GRIEVANCE PROCEDURES
There shall be elected by the employees in the plant of the Company under the supervision of the Union, a committee of three (3) members to be known as the Plant Committee. The members of this Committee shall have been in the Company’s employ for ninety (90) days, unless the plant has not been in operation for ninety (90) days.
- The grievance and arbitration procedures provided for herein shall constitute the sole and exclusive method of adjusting all complaints or disputes which the Union or employees may have concerning the interpretation or application of this Agreement. A party who has filed a grievance may withdraw it without prejudice at any stage of the grievance procedure prior to commencement of a hearing before an arbitrator.
- It is the intent of this grievance procedure to settle all disputes or complaints at the point of origin. In the event that such complaint or dispute arises during the life of this Agreement, it shall be handled in the following manner:
The employee(s) (with or without his/her shop steward) shall present the grievance to his/her immediate supervisor within five (5) days of its occurrence. If the issue is not resolved five (5) days after the grievance is so presented, it shall be reduced to writing and signed by the employee(s) and the supervisor; then:
Such written grievance shall be presented to the appropriate manager within five (5) days of the date when reduced to writing and signed by the parties and will be taken up by the Plant Committee at its next regular meeting. If the Plant Committee is unable to resolve the grievance, then:
The Plant committee shall, within fifteen (15) days after its presentation in writing to the appropriate manager take up the grievance with the general management or its representative(s). The general management or its representative(s) shall give a written answer within five (5) days from the date of the last meeting at this step, or it may be assumed that the Company has granted the grievance.
- If no settlement is reached in Step 3 above, and the Plant Committee desires to pursue the matter further, it may refer the grievance to arbitration as provided for below. If such grievance is not referred to arbitration within ten (10) days of the written answer provided for in Step 3, the grievance shall be considered settled on the basis of the final decision rendered to the aggrieved party.
- Unless indicated otherwise, all time limits referred to in this Article are in calendar days and must be strictly adhered to, but may be waived by mutual agreement in writing. It is the intent of the parties that all procedures set forth herein shall be complied with as expeditiously as practicable.
- There shall be a permanent panel of five (5) arbitrators pre-selected and agreed upon by the Union and the Company which shall constitute the permanent panel who shall hear and decide all disputes arising under this Agreement. Arbitration shall be conducted by a single arbitrator selected by mutual agreement or in rotation from said panel.
- The functions of the arbitrator shall be to interpret and apply the Agreement, and he/she shall have no power to add to or subtract from or modify any terms of the Agreement. Any decision by the arbitrator shall be final and binding upon the parties concerned.
- Unless otherwise agreed to in writing, the arbitration shall be convened and the matter in dispute shall be heard as soon as practicable but no later than twenty (20) days after the arbitrator has been selected unless the parties agree to extend such time limit.
- Unless the parties mutually agree to a bench decision, the arbitrator will be required to reduce his/her award to writing within thirty (30) days after the close of the hearing and shall state the reasons for reaching that award.
- In all matters submitted to arbitration, each party to said arbitration shall bear the entire cost and expense of its own witnesses and representatives. The expenses of the arbitrator and all other expenses of the arbitration other than those incurred by each party in the presentation of its own case shall be borne equally by the parties involved.
- Failure by either party to process or initiate a grievance according to the time limits herein provided, including mutually agreed to extension periods, shall be deemed to constitute a grievance waiver by the Union or an automatic granting of the grievance by the Company. Such waiver by the Union, or granting by the Company, shall not constitute a binding precedent upon the parties in the event of a recurrence of a similar situation.
- While any grievance or complaint other than suspension or discharge is being considered under the grievance procedure herein provided for, the employee or employees involved shall continue to work under the conditions that existed at the time of the event giving rise to the grievance. In all such cases, other than suspension or discharge, the employee or employees involved shall continue to have all the rights and privileges provided for by this Agreement. Any suspension or discharge shall automatically go to Step 2 of this procedure.
- It is mutually understood and agreed that employees, Shop Stewards and Plant Committee members shall wait until breaks, lunch periods or before or after shift to discuss labor problems.
STRIKES AND LOCKOUTS
- During the life of this Agreement, the Union agrees that there shall be no strike, and the Company agrees that there shall be no lockout because of a dispute arising under this Agreement.
- The Union agrees that it will not recognize any jurisdictional strike or picket line.
- At no time shall the Union employees be required to act as strike breakers or cross lawful, primary picket lines. Employees whose work is essential to a plant protection during a shutdown shall stay on the job until such a time as the plant is secure but no longer than the end of their shift.
- No employee shall be disciplined because of the exercise of his/her right to recognize a lawful, primary picket line (recognized or sanctioned by the Union, if asked for by the Union).
DOL REPORTING REQUIREMENTS: NO DOCKING PROVISION
The parties recognize that in accordance with applicable law and existing agreements/past practices concerning conducting union business on company time, a “no-docking” policy exists, resulting in no loss of employee pay in accordance with existing agreements and past practices. The parties acknowledge that since at least January 1, 2008, such policy and practice has been a term and condition of the collective bargaining agreement.
REVISION & TERMINATION
Except as it may be affected by the wage clause in Article 14 hereof, this Agreement shall remain in full force and effect until June 1, 2016, and/or any succeeding June 1st thereafter in the manner set forth in this Article.
Unless either party notifies the other of a desire to change or terminate the terms of this Agreement not less than sixty (60) days prior to the expiration date and negotiations shall start within fifteen (15) days thereafter, this Agreement will automatically continue in effect for the succeeding twelve (12) months.
If no agreement is reached at the expiration of this Agreement and negotiations are continued, the Agreement shall remain in force up to the time a subsequent agreement is reached, but shall terminate if negotiations are discontinued by either party.
Except as they are amended by the terms of this Settlement Agreement, the subject of wages and the Collective Bargaining Agreement shall be renewed and/or extended and closed in their entirety for a four‑year period to June 1, 2016.
IN WITNESS WHEREOF, the parties of this instrument have executed the same by their officers and agents hereunto duly authorized on this day of , 2013.
LOCAL LODGE W246 WEYERHAEUSER COMPANY
INTERNATIONAL ASSOCIATION OF FOSTER VENEER OPERATION
MACHINISTS AND AEROSPACE
By ____________________________ By ____________________________
As per the Company’s proposal, a new Deck Utility/Lathe Break-In position will be established at fifteen dollars and fifty-six cents ($15.56) per hour which will be a progression job to the Lathe Operator position as per the attached Company proposal dated May 6, 2004.