Oregon Trucking Contract

INDEX

Agreement Between

Weyerhaeuser Company

Oregon Trucking

And

Local Lodge No. W246,

International Association of Machinists and Aerospace Workers

June 1, 2012 – May 31, 2016

Table of Contents

Title

Article

Page

Recognition

1

3

Union Security

2

3

Management Rights

3

4

Plant Committee

4

4

Wages

5

4

Holidays

6

6

Vacations

7

10

Leave of Absence

8

19

Discipline and Discharge

9

20

Grievance Procedure

10

20

Seniority

11

24

Jury Duty

12

28

Bereavement Leave

13

29

Checkoff

14

30

Hours of Work and Overtime

15

31

Reporting Pay and Call Time

16

33

Temporary Classification

17

34

Probationary and Trial Period

18

34

Safety

19

35

Fire Fighting

20

36

Equal Employment Opportunity

21

36

Health and Welfare

22

37

Defined Contribution Plan

23

38

Severance Pay

24

38

Savings Provision

25

39

Duration and Term of Agreement

26

39

Closure of Issues

27

40

 

 

Exhibit

Employee Assistance and Substance Abuse Policy

A

41

Grandfathered Retirement Plan

B

47

Truck Eligibility

C

50

 

Boot and Prescription Safety Glasses Allowances

D

50

DOL Reporting Requirements:  No Docking Provision

E

50

Wage Scale

F

51

 

AGREEMENT

 

This Agreement is entered into this 1st day of June, 2012, by WEYERHAEUSER COMPANY, Eugene, Oregon (here­inaf­ter referred to as the “Company” or “Employer”) and LOCAL LODGE NO.W246, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, (hereinafter referred to as the “Un­ion”) on behalf of the employees as hereinafter defined.

 

ARTICLE 1 – RECOGNITION

 

1.1       The Company recognizes the Union as the exclusive bargaining agent for all persons employed as truck drivers and maintenance employees of the Employer’s trucking facility located at Goshen, Oregon, excluding office and clerical employees, fire crew employees, guards and supervisors as defined in the Act.  All persons who are part of the bargaining unit will hereinafter be referred to as “employees.”

 

ARTICLE 2 – UNION SECURITY

 

2.1       All employees on and after thirty (30) days of employment or thirty (30) days after execution of this Agreement, whichever occurs later, shall keep paid all regular initiation fees and regular dues as set by the Union, as a condition of employment.

 

2.2       Any employee, 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.

 

2.3       In the event the discharge of the employee for the purpose set forth in paragraph 2.2 is ultimately found to be unlawful, the Union will hold the Employer harmless.

 

ARTICLE 3 – MANAGEMENT RIGHTS

 

3.1       The Company retains all the customary, usual and exclusive rights, decision making, functions and authority connected with or in any way incident to its responsibility to manage the enterprise or any part of it.  The rights of employees in the bargaining unit and the Union are limited to those specif­ically set forth in this Agreement and those granted by law, and the Company retains all prerogatives, functions and rights not specifically limited by the terms of this Agreement.

 

ARTICLE 4 – PLANT COMMITTEE

 

4.1       The Union shall elect and maintain a committee known as the Plant Committee, which will be authorized by the Union to repre­sent and act for employees in all matters affecting wages, hours, and working conditions.  Membership of the Plant Committee shall consist of not more than five (5) employees, all of whom must have been employed in Company’s operations for not less than sixty (60) days preceding their election.

 

ARTICLE 5 – WAGES

 

5.1       The Company shall post its existing wage scales for all job classifications in its operation, or at its option shall mail a list of such wage scales to the Local Union.

 

5.2       The swing shift differential is fifty-nine cents ($.59) per hour and the                       graveyard differential is sixty-five cents ($.65) per hour.

 

5.3       Final pay for voluntary quits or involuntary terminations is payable on the next regular payday.

 

5.4       In the event an employee has a dispute over wages at the time of separation, an attempt to resolve that dispute must be made through the grievance procedure of this Agreement.

 

5.5       Employees shall be paid on a bi-weekly schedule, with paychecks being distributed every other Friday.  An itemized accounting of hours worked, wages earned, and deductions made shall be included with each paycheck.

 

5.6       June 1, 2012, a $.10 wage increase shall be applied to only the log truck job classification, to be implemented Monday, June 4, 2012.

 

5.7       June 1, 2013, a $.20 general wage increase shall be applied to all job classifications, to be implemented Monday, June 3, 2013.

 

5.8       June 1, 2014, a $.35 general wage increase shall be applied to all job classifications, to be implemented Monday, June 2, 2014.

 

5.9       June 1, 2015, a $.55 general wage increase shall be applied to all job classifications, to be implemented Monday, June 1, 2015.

 

5.10    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.

 

5.11    The subject of general wage adjustments is closed until June 1, 2016.  Nothing herein shall bar negotiations during the contract term concerning rates of pay for jobs newly estab­lished or substantially changed during the contract term as provided under the terms of the existing agreement.

 

5.12    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 employer 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.

 

ARTICLE 6 – HOLIDAYS

 

6.1       New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday following Thanksgiving Day, Christmas Eve, Christmas Day and New Years Eve shall be recog­nized as paid holidays for qualified employees.

 

In addition there shall be two (2) floating holidays to be 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 scheduled vacation.

 

One will be an individual floating holiday.  It shall be the employee’s responsibility to give the Supervisor adequate advance notice.  Employees must receive approval prior to taking the requested floating holiday. Management will approve floating holiday requests subject to operational needs.

 

Eligible employees may receive pay in-lieu of time off for their floating holiday(s) if they make written application.

 

A.         When a holiday falls on Saturday, the previous Friday shall be recognized as the holiday.

 

B.         When a holiday falls on Sunday, the following Monday shall be recognized as the holiday.

 

C.         Each holiday shall commence at 12:01 a.m. and end at 12:00 midnight, but the last regularly scheduled shift commencing prior thereto shall be completed at non­‑holiday rates of pay.

 

D.         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.

 

6.2       Holiday pay for the qualified employee shall be computed at the regular job rate of pay (including shift dif­feren­tial, where applicable), for the regular straight-time work schedule for the day.  Qualified employees will receive holiday pay for the hours scheduled in their regular work schedule if the holiday falls on the employee’s work day.  If the holiday falls on a day the qualified employee is not scheduled to work they will receive 8 hours of straight-time pay.

 

6.3       All work performed on a paid holiday shall be paid for at one and one‑half times the applicable straight time rate of pay in addition to the holiday rates set forth in paragraph 6.2.

 

6.4     Employees are qualified for holiday pay if they meet the following conditions:

 

A.          Employee’s last hiring date was at ninety (90) calendar days prior to the paid holiday;

 

B.          Employee worked his/her last regularly scheduled work day before the paid holiday; and,

 

C.          Employee returns to work on his/her next scheduled shift after the holiday, except where the failure to return is due to non‑availability of work.

 

1.          Failure to return after the holiday will be waived if the holiday occurred during the last calendar month of employment of an employee retiring under the provi­sions of the employer’s negotiated retirement plan and he/she could not return after the holiday because of his/her retirement.  No payment will be made for any holiday that occurs in any month after an employee’s retire­ment date.

 

2.          No payment will be made for any holiday which occurs more than thirty (30) calendar days after a permanent plant closure.

 

6.5       The paid holiday qualification requirements of paragraph 6.4 shall be subject to the following exceptions:

 

A.        When an employee is absent because of an accident or illness other than industrial accident or occupational disease and has at least thirty-one (31) 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 employer.  Such holiday pay shall be paid on the regular payday for the period in which the holiday occurs.

 

B.         When an employee is absent because of an industrial accident or occupational disease and has at least thirty-one (31) calen­dar days seniority, he/she shall be qualified for holiday pay for the paid holidays which occur during the first six months of ab­sence following the first compensable date of the dis­abil­ity or illness resulting in such absence.  Writ­ten proof of such industrial accident or occupa­tional dis­ease may be required by the employer.  Such holiday pay shall be paid on the regular payday for the period in which the holiday occurs.

 

C.         When an otherwise qualified employee is absent due to layoff because of lack of work, he/she shall be qualified for holiday pay for the paid holidays which occur during the first thirty (30) calendar days of such layoff provided the employee returns to work upon the termination of such layoff.

 

D.      1.          When 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 30 days duration, specifi­cally authorized by the employer (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 workday before leaving on such authorized leave of absence shall be con­sidered as synonymous with said day before the paid holiday.

 

2.          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.

 

3.          If an otherwise qualified employee is specifically excused by his/her supervisor from reporting for work by verbal excuse, if for three (3) days or less, either the supervisor or the affected employee shall notify the employer’s time office within five (5) days from the time excused absence was verbally granted, that such verbal excuse has been granted.  Excused absences for a period in excess of three (3) days must be in writing.

 

6.6       No employee shall be required to work on holidays without the employee’s consent, unless employee is hired with the understanding that work on holidays will be a part of their regularly scheduled work week.

 

6.7       No time lost on holidays shall be worked on Saturdays at straight time.

 

 

ARTICLE 7 – VACATIONS

 

7.1.     A.       Each employee shall be granted vacation benefits sub­ject to the provision of this Article.

 

B.         Definitions.

 

1.         Vacation Base Year ‑ A 12‑month period commencing on June 1, and ending on the following May 31.

 

2.       Compensable Hours

 

a.          All hours worked during the vacation base year plus holiday, jury duty, and bereavement leave hours for which an employee is eligible.

 

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.

 

3.         Continuous Employment ‑ Employment with the Company uninter­rupted by absence due to discharge or due to voluntary severance of employment by the employ­ee, or due to retirement of the employee.

 

4.         Vacation Benefits ‑ That amount of vacation time off, vacation pay, and vacation increment for which an employee qualified, 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 terminated prior to May 31.)

 

5.         Vacation Credit Years

 

a.            Each employee shall receive one 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 after any June 1 who remains in the continuous employ of the Company, and who is on the payroll 90 days prior to the following May 31, shall be credited with one year of vacation credit as of the June 1 following the employee’s date of hire.

 

6.         Vacation Time Off

 

a.          One week ‑ Seven consecutive days commencing on the first day of the employee’s regularly sche­d­uled work week unless otherwise agreed to by the Union and employer.

 

b.          Two weeks ‑ Fourteen consecutive days except it may be two non‑consecutive weeks of seven con­secutive days each if agreed to by the Union and employer.

 

c.          Third, fourth and fifth weeks ‑ Seven consecu­tive days each as provided in 6.a. above.

 

7.         Vacation Pay – The hours of pay to which an employee is entitled during vacation time off as defined in 6.a., b., c. above.

8.         Vacation Increment – Effective June 1, 2001, that pay (over and above vacation pay) based on vacation credit years.

 

*Note:    Effective 6/1/13, suspend the 40 hours for additional vacation pay for employees who have 20 or more years of service.  Effective 6/1/15, reinstate the 40 hours for additional vacation pay for employees who have 20 or more years of service.

 

C.        Vacation Benefits for employees on the Payroll May 31

 

1.            An employee in the employ of the Company on the May 31 that concludes a vacation base year and who has 1,200 or more hours during that vacation base year shall receive vacation time off, vacation pay, and vacation increment in accordance with the table below.

 

Vacation Vacation Vacation Vacation Total
Credit Years Time Off Pay Increment* Hours Paid
         
1 – 2 1 week 40 hours

0

40

3 – 5 2 weeks 80 hours

0

80

6 – 11 3 weeks 120 hours

0

120

12 – 19 4 weeks 160 hours

0

160

20 or more 5 weeks 200 hours

40*

240*

*see note above in Article 7, paragraph 8

 

2.            An employee in the employ of the Employer on such May 31 who has 640 or more, but less than 1,200 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                    Vacation Pay

   Hours                                   Reduced By

 

920 but less than l200                     8 hours

640 but less than 920                     l6 hours

D.        Vacation Benefit for Employees Terminating Prior to May 31.

 

1.           An employee terminating employment for any reason during a Vacation Base Year and who has 1,200 or more compensable hours in such Vacation Base Year shall receive Vacation Pay and vacation increment in accordance with the employee’s years of Vacation Credit Years as of the preceding May 31, in accordance with paragraph C. above.

2.       a.             An employee in the employ of the Company on any June 1 who leaves before the following May 31 because of (a) retirement under the Employer’s pension plan or (b) death, or (c) entering active duty in the United States armed forces (during periods when there is compulsory military service or required by Federal Statutes), or (d) separa­tion from employment through no fault of his/her own (not including discharges and voluntary quits),and who has 640 but less than 1,200 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                    Amount of Vacation Pay

as of the Previous May 31               per 30 Hours Worked

1 through 2 years                                       1 hour

3 through 5 years                                        2 hours

6 through 11 years                                     3 hours

12 through 19 years                                     4 hours

20 or more years                                         *5 hours

 

*Effective June 1, 2001:  Employees with twenty (20) or more vacation credit years, who qualify for prorated vacation pay per 2.b. above, will receive 6 hours pay per 30 hours worked.

 

3.              An employee who leaves the employ of the Company prior to May 31 who has less than 1,200 compensable hours in that vacation base year, and who does not qualify under the provisions of D.2 above, shall receive no vacation benefit.

 

 

E.        Vacation Benefit for Returning Employees

 

An employee returning to the employ of the Company during a vacation base year following absence:

1.           Due to active duty in the United States armed forces (during periods when there is compulsory military service or required by federal statute); or,

 

2.          For a compensable industrial illness or injury which occurred in the course of employ­ment with the employer extending for a period in excess of 12 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.

 

F.         Vacation Rate of Pay

 

The rate of pay for vacation pay purposes shall be computed as follows:

 

1.           For an hourly paid employee ‑ the employee’s regular job classification straight‑time rate in effect at that time.

 

2.         All vacation rates of pay shall include any applicable shift differential for employees regularly assigned to swing or graveyard shift.

 

3.         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.

 

G.        Time and Method of Vacation Payment

 

Vacation payments shall be made as a lump sum with regular pay for the first full bi-weekly pay period following the June 1 contract anniversary date, at the employee’s regular rate in effect at that time, unless he/she elects by May 15th that vacation be paid when taken.  In that event, it will be included with the regular pay for the bi-weekly pay period in which the vacation is taken, at the employee’s regular rate in effect at that time.

 

H.        Vacation Scheduling

 

In Scheduling vacation periods, the following provisions ­shall apply;

 

1.          The Employer 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.

 

2.          If the Employer 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 Employer and the Local Union.

 

3.          The Employer may schedule the third and fourth week at any time during the vacation base year, but if electing to close down for the third and fourth week, the Local Union must be notified by April 15.

 

4.         If the Employer elects to stagger vacation periods individually, the employees will be given preference by seniority, inso­far as is practical with the operating needs of the operation, on requests submitted in writ­ing prior to May 1 for the first and second weeks, and 15 days in advance for the third, fourth, and fifth weeks.

 

5.          Each employee must take vacation time off for the first and second weeks, and for the third and fourth week if a closedown is elected by the Company.

 

6.          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 weeks in any event.

 

7.           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.

 

8.          In cases of breakdown or other emergency, the notices referred to above may be shortened by agreement between the Local Union and the Company.

 

I.          No Duplication of Benefits

 

There shall be no pyramiding or duplication of vacation benefits under this article.

 

ARTICLE 8 – LEAVE OF ABSENCE

 

8.1       Leave of absence of up to thirty (30) days without pay may be granted within the discretion of the Company.

 

8.2       Requests for a leave of absence must be in writing specifying the reasons and the dates for the leave of absence.  Leave will not be approved for an employee for the purpose of accepting employment outside the service of the Company.

 

8.3       An employee must return to work the first working day immediately following the last day of a leave of absence.

 

8.4       Each leave of absence granted by the Company will be on a case‑by‑case basis.  No decision to grant or deny a leave of absence will be subject to review under the grievance procedure or be used as a precedent for other leave of absence requests in any way.

 

8.5       Any employee selected to a permanent union position necessitating a leave of absence, shall be granted a leave of absence by the Employer 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.

 

8.6       Any employee enlisting, conscripted, or inducted into military or naval service of the United States shall retain seniority rights in conformity with Federal law.

 

ARTICLE 9 – DISCIPLINE AND DISCHARGE

 

9.1       Disciplinary action may include any of the following:

1.         Oral reprimand

2.         Written reprimand

3.         Suspension

4.         Discharge.

 

Disciplinary action may be imposed upon any employee without notice, in a manner not necessarily in progressive order as specified above, or otherwise, for failing to fulfill his/her responsibilities as an employee.

 

9.2       Grievances.  Any grievance arising in connection with disciplinary action shall be subject to the procedures established and set forth in Article 10 of this Agreement.

 

ARTICLE 10 – GRIEVANCE PROCEDURE

 

10.1    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.

 

10.2″Grievance” as used for purposes of this Article is limited to matters that involve                       an alleged violation of a specif­ic provision of this Agreement which has not                otherwise been excluded from the grievance procedure.

 

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:

 

Step 1:

The employee(s) (with or without his/her shop steward) shall present the grievance to his/her immediate supervisor within five (5) days of the date and time of the occurrence of the event giving rise to the grievance or five (5) days from the date and time such event should have been known or it shall be deemed waived.  Suspension and discharge grievances must be presented within three (3) working days or they shall be deemed waived and shall not be made the subject of a grievance or dispute.  If the issue is not resolved within three (3) working days after the grievance is so present­ed, it shall be reduced to writing, stating the clause or agreement violated and the desired remedy, and signed by the employee(s) and the supervisor; for submission to Step 2.

 

            Step 2:

Such written grievance shall be presented to the appropriate manager within three (3) 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 issue shall be submitted to Step 3.

 

Step 3:

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 Employer has granted the grievance.

10.3  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 with 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.

 

10.4  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.

 

10.5  There shall be a permanent panel of five (5) arbitrators pre-selected and agreed upon by the Union and the Employer 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.

 

10.6  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.

 

10.7Unless 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.

 

10.8    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.

 

10.9    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.

 

10.10  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 Employer.  Such waiver by the Union, or granting by the Employer, shall not constitute a binding precedent upon the parties in the event of a recurrence of a similar situation.

 

10.11  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.

 

10.12  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.

 

10.13              STRIKES AND LOCKOUTS

 

  1. 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.

 

  1. The Union agrees that it will not recognize any jurisdictional strike or picket line.

 

  1. 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.

 

  1. 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).

 

ARTICLE 11 – SENIORITY

 

11.1    The Company and the Union recognize the principle of seniority, both in curtailments and in promotions and the policies and practices to be followed in applying seniority rights shall be in accordance with the provisions of this Article.  If at any time an employee feels that he/she has been unfairly treated in the application of these provisions, he/she shall have the right to present his/her case for determination as a grievance under the grievance procedure of this agreement.

 

11.2    A.         The Company and the Union recognize the following departments under the Oregon Trucking Agreement:

 

1.         Maintenance

2.         Trucks

 

B.         Effective with the 7/6/09 memorandum of agreement, drivers will be dispatched by OR central dispatchers to meet business and operational needs.  Dispatching and operations needs will be differential by area (Griggs and Goshen) and drivers/trucks will not have rights to other areas other than noted in 11.7 Item D.

 

11.3    For the purpose of this Agreement, the parties agree to the following definitions of seniority:

 

A.         Classification seniority means the length of time an employee has held his/her current job classification since their last permanent change of jobs.

 

B.         Department seniority means the length of time an employee has been continuously assigned to his/her current department since their last permanent change of departments.

 

C.         Division seniority means the length of time the employee has been continuously employed by the Oregon Trucking Division.

 

D.         Company seniority means the length of time the employee has been continuously employed by the Company.

 

11.4    In filling vacancies or new jobs, the Company agrees to recognize department seniority, subject to qualification and ability to do the job for employees who are employed in the department where the vacancy or vacancies occur.  In the event there are no qualified applicants in the department, the Company agrees to recognize Division seniority, subject to qualification and ability to do the job.  If there are no qualified applicants within the Division, the Company may fill the position at its discretion.

 

11.5    The Company may fill temporary vacancies for a period of up to 14 working days without posting such vacancies.  If circumstances are such that it is deemed necessary to extend such temporary period, it may be extended for such a length of time as may be agreed upon by the Union and Company.

 

11.6    The Company will post all job vacancies on the bulletin board for a period of three working days.  The posting shall state the job classification, shift, and rate of pay.  Employees desiring the vacant job shall place their name on the posting. The qualified employee selected shall be allowed a reasonable trial period not to exceed 30 days.  If, during the trial period, the employee is not satisfied with the job, or the Company determines that work performance is unsatisfactory, the employee shall return to his/her former job with no loss of seniority.

 

11.7    In the event it becomes necessary to reduce the work force, the following will be in effect:

 

A.         Employees laid off will be the person or persons with the least department seniority within the department in which curtailment is made.  It is recognized that in the application of this rule, exceptions may be made where considerations of qualifications are required to ensure operating efficiencies.

 

B.        Employees laid off who have exhausted their department seniority shall, after 30 working days, be entitled to exercise their division seniority on jobs in other departments held by employees with less division seniority, subject to qualifications and ability to do the job.  When their former job is open, they shall be returned to it.

 

C.         A displaced driver may exercise job classification seniority after one day of layoff following the day a truck breakdown becomes known.

 

D.         Trucks will remain at their assigned location, but drivers will be allowed to bump between Griggs and Goshen locations for scheduled shut downs of more than 2 days by seniority.  Drive time between locations (to and from Truck) will be on the employee’s own time and transportation.

 

11.8    When openings occur, those employees who are laid off shall be recalled in order of their division seniority, subject to qualifications and ability to do the job that is available.  The determination of qualifications and ability shall be the responsibility of the Company.

 

11.9    It is the responsibility of employees to notify both Company and the Union of their current address and telephone number and of any future contact information changes.

 

A.         In the event of a layoff of 30 or more days duration: If the Company is unable to contact a laid off employee to report for work, a notice by certified mail shall be sent to the last address in the Company’s records and the employee shall have seven calendar days from the date mailed, to report for work or make satisfactory arrangements to return to work, but must inform the Company of their intentions at time of receipt of notice.

 

B.          In the event of a layoff of fewer than 30 days duration:  A laid off employee must report to work as directed or make satisfactory arrangements to return to work.

 

C.          Any employee who does not respond as outlined in A. or B. above, loses all recall rights.

 

11.10  Seniority and the employment relationship shall be terminated when an employee:

1.         Quits,

2.         Is discharged for cause,

3.         Is laid off for a period of twenty-four (24) consecutive months,

4.           Fails to report for work after having been recalled in accordance with 11.9 above,

5.         Does not report for work at the termination of an authorized leave of absence,

6.         Retires.

 

11.11  Seniority list shall be kept by the Company and shall be furnished to the Union upon request.

 

ARTICLE 12 – JURY DUTY

 

12.1    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 a 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.

 

12.2    If an employee performs jury duty on a working day and such jury duty continues past noon of said day, the employee does not have to return to work that day if he/she is on the day shift.

 

12.3    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.

 

12.4    If an employee performs jury duty on a working day and jury duty continues past 1:30 p.m. of that day, the employee does not have to return to work that day if he/she is on any other shift than the day shift.

 

12.5    The employee will be required to furnish a signed statement from a responsible officer of the court as proof of jury service.

 

ARTICLE 13 – BEREAVEMENT LEAVE

 

13.1    When death occurs to a member of an employee’s immediate family, the employee shall be granted necessary time off.  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 said employee’s assigned days off), subject to the following limitations:

 

A.         Members of an employee’s immediate family are limited to the employee’s spouse, sons, daughters, mother, father, brothers, sisters, step-parents and step-children, grandfather, grandmother, mother-in-law, father‑in‑law, grandchildren, and great-grandchildren.

 

B.         Proof of relationship and/or death may be required.

 

C.         Any paid time off must be taken between the date of the death and two (2) working days following the date of the funer­al.

 

D.        Bereavement leave pay will not be granted for any day on which an employee is not scheduled to work.

 

13.2    Compensable hours under the terms of this Article will be counted as hours worked for computing vacation pay, holiday pay, and weekly overtime.

 

ARTICLE 14 – CHECKOFF

 

14.1    Company hereby agrees to honor written assignments of wages in payment of dues payable to the Local Union and the said assignments are submitted in substantially the following form:

 

I hereby authorize Weyerhaeuser Company to deduct from my wages and pay Local Lodge No. W246, International Association of Machinists and Aerospace Workers the following:

 

Union dues in the amount of $__________per month, or such other uniform monthly dues amount as subsequently approved by the local Union and certified to the Company by the Local Union president and financial secretary.

 

This authorization shall be valid and remain in full force and ef­fect dur­ing the life of any ex­ist­ing col­lective bargaining agreement between the Compa­ny and the Local Union, or one year from date thereof, which­ever shall occur earlier; and there­after, unless and until it shall have been perma­nently revoked by me by written notice to the Company, or until I am permanent­ly terminated from your employ.

Date____________    Signature____________________SS No.________________

 

14.2    The Local Union shall notify the Company of any changes in its regular monthly dues and of any subsequent changes as they occur from time to time.  Such notification shall be by letter to the Company, signed by the president and financial secretary and bear the Local Union seal.

 

14.3    Company shall remit the dues deducted pursuant to such assignments to the Local Union named herein not less often than once each month, with written

statement of the names of the employees for whom the deductions were made and the amount of each deduction.

 

ARTICLE 15 – HOURS OF WORK AND OVERTIME

 

15.1    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:

 

A.         The work week of the watch person may be adjusted to meet the needs of the operations.

 

B.         Repair and maintenance employee’s work week may be adjusted to meet the needs of the operation; however, they shall have two consecutive days off.

 

C.         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.

D.         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 (2) consecutive days off.

 

When contemplating a change to the seven (7) day schedule the plant committee will be given at least fourteen (14) days notice and will have an opportunity for input prior to any changes.

 

Other shift configurations for all of the 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.

 

15.2    The Company is free to set the starting and ending times of each truck drivers’ daily work schedule.

 

15.3    Overtime or premium pay shall not be pyramided, compounded or otherwise paid twice for the same hours worked.

 

15.4    Overtime on a daily basis as necessary to complete an assignment shall be required.

 

15.5    Overtime worked shall be at the discretion of the Company.

 

15.6    Overtime will be paid as follows:

 

A.        Hours worked in excess of eight in one work day within the normal work schedule.

B.         Hours worked in excess of forty (40) in one work week which occur outside the normal work schedule.

 

15.7    Time lost due to holidays, jury duty, and bereavement leave shall be considered as time worked in computing overtime; however, absences due to any other reason shall not be counted as time worked in computing overtime.

 

ARTICLE 16 – REPORTING PAY AND CALL TIME

 

16.1    Regular employees called to their jobs but not put to work through no fault of their own shall receive two (2) hours straight time pay unless notified prior to reporting that their services are not required.  This rule shall not apply if the plant or portion of the plant in which such employees work is shut down by a breakdown, or if the failure to put such employees to work is caused by something which Company could not reasonably foresee in time to give such notice.

 

16.2    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 paid for the hours actually worked whichever is greater.

 

 

ARTICLE 17 – TEMPORARY CLASSIFICATION

17.1    An employee may be temporarily transferred for the convenience of the Company.

 

17.2    If work of a higher paid classification is temporarily required of any experienced employee, he/she shall receive the wage of the position to which assigned and for as long as he/she occupies that position, provided it is for one‑half shift or more.

 

17.3    If any employee is temporarily shifted to a position paying a lower wage than his/her regular rate, no reduction in wage shall be made.

 

17.4    No employee shall be subject to censure for inability to perform the function of a job for which he/she has not been trained.

 

ARTICLE 18 – PROBATIONARY AND TRIAL PERIOD

 

18.1    An employee’s first thirty (30) days of employment are that of a probationary employee, which involves a trial period and constitutes employment at will.  New employees shall be regarded as temporary employees for the first thirty (30) calendar days of continuous employment.  At the conclusion of the trial period, the employee’s seniority shall be retroactive to his/her hiring date.

 

18.2    Where deemed necessary, the Employer and the Plant Committee may mutually agree to an extension of the trial period not to exceed thirty (30) additional days.

 

18.3    Successful completion of the trial period does not relieve an employee of the responsibility for good job perfor­mance.

 

ARTICLE 19 – SAFETY

 

19.1    The Company and Union have a strong commitment to reducing accidents, maintaining a safe place to work, and in employing safe workers.

 

19.2    In line with these objectives, it is a part of each employee’s duty to work as safely as possible and cooperate in maintaining necessary records and keeping accidents to a minimum. It is mandatory that all on job accidents be reported to a supervisor no later than end of shift on the day of occurrence.

 

19.3    Any employee observing an unsafe condition should report it to a supervisor at once.

 

19.4    Fire can destroy our jobs.  All published smoking and fire regulations must be strictly observed by employees.

 

19.5    A Safety Committee will be established and maintained to make safety recommendations for improvements of working conditions and habits.  This committee will be composed of both hourly and salaried personnel.  Not more than five representa­tives from the collective bargaining unit may be selected by the Union.

 

19.6    In an effort to prevent the problems that grow out of the use of drugs and alcohol, the Substance Abuse Policy (Appendix B) will be in effect during the term of the Agreement.

 

The Company may, on a random basis, require any group(s) of employees to submit to a test to ensure that they are alcohol-free and drug-free.

 

ARTICLE 20 – FIRE FIGHTING

 

20.1    It is mutually understood and agreed that fire fighting is separate from other considerations in the Working Agreement and that any employee available during fire emergencies may be required to assist regardless of seniority, classification, or department.

 

20.2    In the event an employee is assigned to emergency fire fighting, such employee shall be paid at his/her regular straight time rate for hours worked.

 

20.3    In the event an employee is notified that fire fighting is subject to wage rates and provisions of another organization or governmental agency and such wages and provisions differ from those described in paragraph 17.2, such employee will be allowed to accept or decline further assignment on that fire.

 

20.4    The provisions of this Article shall not apply in instances of controlled burning, such as slash burning, unless and until such burning is out of control and becomes a wild‑fire.

 

ARTICLE 21 – EQUAL EMPLOYMENT OPPORTUNITY

 

21.1    It is the policy, intent, and purpose of both the Employer and the Union that there shall be no dis­crimination against any employee because of race, color, religion, age, sex, national origin, non‑disqualifying disability or veteran status.

 

21.2    Nothing herein will prevent the Company from fulfilling its obligations under the Americans with Disabilities Act.

 

 

ARTICLE 22 – HEALTH AND WELFARE

 

22.1    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.”

 

22.2    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.

 

22.3    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.

 

22.4    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 agreement.  Vacation increment hours shall not be considered as compensable hours for this purpose.

 

22.5    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.

 

22.6    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.  Dependents of said retirees will be allowed to continue coverage under the Nelson Trust until Medicare eligible.  The provision will apply as long as the dependents would be eligible to participate in the Trust as if the Medicare retiree was still in the plan.

 

ARTICLE 23 – DEFINED CONTRIBUTION PLAN

 

23.1    The Union and the Company, on behalf of the employees covered by this Agreement, agree to participate in the plan known as the Timber Operators Council‑‑IAM Defined Contribution Plan and Trust and shall increase the rate of contribution as follows:

 

  1. 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 for this purpose.

 

  1.  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.

 

 

ARTICLE 24 – SEVERANCE PAY

 

24.1    Employees who are terminated due to a permanent plant closure shall be eligible for severance pay.  (Employees must be released by the Company for lack of work due to plant closure and for no other reason.)  An eligible employee who has completed one or more full years of continuous service shall receive a severance payment based on his/her straight time rate of pay in accordance with the following schedule, to a maximum of 26 weeks pay:

Years of Continuous                                  Hours of Pay Per Year   

                          Service                                                        of Service

Less than 1                                                               0

1 through  9                                                              25

10 through 14                                                           30

15 through 19                                                           35

20 and over (maximum 26)                        40

 

24.2    Employees with dates of hire prior to February 1, 1987, who were transferred to the Goshen facility from Culp Creek or Coburg, are eligible for 40 hours of pay per year of service, regardless of number of years of continuous service.

 

24.3    All other employees are subject to the years of service and hours of pay schedule set forth in paragraph 24.1 of this Article.

 

ARTICLE 25 – SAVINGS PROVISION

 

25.1    Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect.

 

ARTICLE 26 – DURATION AND TERM OF AGREEMENT

 

26.1    Subject to changes which may be mutually agreed upon in negotiations, this Agreement shall remain in full force and effect until May 31, 2016, and annually thereafter unless either party notifies the other of its desire to terminate or to change the terms of the Agreement and presents such termination notice or proposed changes in writing sixty (60) days prior to the anniversary date.  If negotiations continue beyond the anniver­sary date of the Agreement, this Agreement shall be extended so long as the parties are negotiating in good faith or until a work stoppage occurs.

 

26.2    Except as provided herein, it is agreed that the subjects of wages and this collective bargaining agreement are renewed, extended and closed in their entirety until May 31, 2016.

 

ARTICLE 27 – CLOSURE OF ISSUES

 

27.1    All issues upon which authority to negotiate was delegated by locals to the IAM&AW or their designate representatives, not covered herein, are withdrawn and closed for the term of this agreement.

Other issues opened either by the locals or the Company not included in this Settlement Agreement or incorporated by reference are withdrawn for the term of this Agreement if unresolved at the time that this Settlement Agreement is ratified, and the Union serves notice of such ratification.

All articles not specifically amended by this Agreement shall remain as written.

 

IN WITNESS WHEREOF, the parties of this instrument have executed the same by their officers and agents hereunto duly authorized on this                         day of                                                , 2012.

 

LOCAL LODGE NO. W246                                                WEYERHAEUSER COMPANY

INTERNATIONAL AFL-CIO ASSOCIATION                    OREGON TRUCKING

OF MACHINISTS AND AEROSPACE WORKERS

 

By___________________________                               By______________________

Exhibit A

Employee Assistance

And

Substance Abuse Policy

 

Section I.  Employee Assistance Program (EAP)

A.        Weyerhaeuser is committed to providing a safe and productive work environment for employees.  The company recognizes the valuable resource we have in our employees and recognizes that the state of an employee’s health affects attitude, effort, and job performance.  Substance abuse causes decreased efficiency and greatly increases risk of injury to employees.  The Company therefore adopts this policy on behalf of its employees.  The intent of the policy is threefold:

 

1.         To maintain a safe, drug and alcohol-free work place.

 

2.         To maintain our work force at maximum productive effectiveness.

 

3.         To provide confidential, professional referral and treatment to those employees who recognize they have a substance abuse problem and voluntarily seek treatment for it.

 

 

B.        In order to achieve these purposes, it is our primary goal to identify those employees and refer them to professional counsel, before job performance has become a disciplinary problem.  Employees are urged to use the services available through the employee assistance program (EAP).  Employees who voluntarily seek help through the EAP will not jeopardize their job security by such self-identification.

 

1.         If you have a problem or think you have a problem with these substances, contact your supervisor or plant manager.  All information will be kept confidential and you will be referred to professional counselors and advised how to utilize your employee benefit program for appropriate treatment.

 

2.         Treatment for alcoholism or drug dependency is provided under company health care plans, up to the limits described in the plans.

 

3          An employee shall be granted necessary leave of absence for treatment of drug/alcohol problems contingent upon signing a “Referral Agreement” requiring completion of an approved treatment program.

 

4.         Weekly accident and sickness benefits are provided in company health plans up to the limits described in the plan.

 

Section II.      Work Rules

 

A.        All employees must report to work in a physical condition that will enable them to perform their jobs in a safe and efficient manner.  Employees shall not:

 

1.         Use, possess, dispense or receive alcohol, intoxicants or controlled substances (drugs) on company premises.

 

2.         Report to work with any measurable amount of a controlled substance, intoxicant or illegal drug in their system.

 

B.        Medication prescribed by a physician is an exception when the physician prescribing medication has released the individual to work while taking the prescribed medication.  Abuse of prescribed drugs is a violation of this policy.

 

C.        Employees who violate the above work rules shall be subject to appropriate discipline up to and including discharge.  However, it is the primary intent for most infractions to encourage and assist employees in treatment and rehabilitation through the employee assistance program, as is outlined in this policy.

 

Section III.  Testing

 

A.        Substance abuse is a disease which is treatable and will be given the same consideration as any other illness, with the initial emphasis on test results leading to rehabilitation not termination of the employee.

 

B.        An employee whose behavioral conduct indicates that he/she is not in a physical condition that would permit the employee to perform a job safely and efficiently will be subject to submitting to a urine, blood or breathalyzer test to determine the presence of alcohol or drugs in the body.  Non-DOT tests can be accomplished via a quick-test cup process.

 

1.         A supervisor must have reasonable grounds to believe that the employee is under the influence of or impaired by alcohol or drugs.  Reasonable grounds include abnormal coordination, appearance, behavior, speech or odor.  It can also include work performance and attendance problems.

 

2.         The supervisor’s reasonable grounds must be confirmed by another management representative.

 

3.         The employee will be provided with an opportunity to explain his/her conduct.  The employee will have the opportunity to have a union representative present if requested (fellow employee if no union representative is available).

 

C.        Employees who directly or indirectly involved in an industrial injury which requires medical care are subject to submitting to a blood, urine or breathalyzer test when one or more of the grounds outlined in B.1. above are present.  Employees who are solely the innocent victims of unavoidable accident will not be subject to a test.

 

D.        Employees required to take a test will be placed on an unpaid leave of absence pending receipt of the test results.  Employees tested as the result of an accident, however, will not be placed on an unpaid leave unless other grounds exist.

 

E.        Failure to submit to a test as required above will be grounds for termination.  Employees who feel that they have a legitimate grievance must still submit to the test and then file a grievance in accordance with the Working Agreement.  An employee may forgo the test if the employee voluntarily consents to obtaining assistance through the employee assistance program and immediately enters into a written referral agreement.

 

F.         The Company shall initially select reputable facilities for base testing and confirmatory testing at Company expense.  The facility for confirmatory testing must meet all standards set by Federal Health Agencies for laboratory performance and they must employ certified medical technologists and technicians.  The Union will be provided with the testing facilities’ names, addresses and credentials if interested.  The Union retains the right to demand a change in test procedure or test facility based on reliable information which disproves the accuracy or quality of either.  The Union also retains the right to request a change in test procedure or test facility when a reasonable and superior alternative to either is available.

 

G.        Employee representatives and or the employee will have the opportunity to review the testing procedure.

 

H.        All samples which test positive will be confirmed using a gas chromatography / mass spectrometry test or a superior or equally reliable test if same become reasonably available.

 

I.          The employee, at his / her expense, will have the opportunity to have a reputable testing facility test the same sample submitted to the original test facility.  Accepted chain of custody procedures must be followed and the test facility must meet all standards set by Federal Health Agencies for laboratory performance using certified medical technologists and technicians.  An employee may request the independent test by notifying the Personnel Manager in writing within two calendar days after the day the employee is informed of the test results.  The test result will be kept confidential and will be available only to a designated employer representative, a designated union representative or a designated legal representative.

 

J.         None of the testing procedures are intended to be in violation of the law, and if they are, they shall be eliminated without interfering with other parts of this agreement.

 

Section IV.    Referral Agreement

 

A.        It is the intent of the Company and the Local Union to correct problems associated with drug and alcohol through the EAP rather than to initially penalize employees based on test results.  Therefore, an employee who voluntarily enters the EAP in lieu of a required test or has a positive result on a test will have disciplinary action withheld pending satisfactory completion of the referral agreement requirements.

 

B.        The terms of the disciplinary action will be set forth in a written referral agreement entered into between the employee, the Union and the Company.  When reviewing the written agreement, the disciplinary action will be abated for an employee who satisfactorily completes the treatment program prescribed by the EAP counselor and who meets the terms and conditions of the written referral agreement.

 

C.        An employee who fails to cooperate, abandons, or does not complete the treatment program prescribed by the EAP counseling or who fails to live up to the terms and conditions of the referral agreement will receive the previously withheld discipline.  However, before the disciplinary action is imposed, the employer and the Union representative will attempt to counsel the employee into completing the treatment program.

 

D.        Whether an employee volunteers to participate in the EAP or is required to participate as a condition of continued employment, that employee shall continue to be subject ot the same rules, working conditions and disciplinary procedures in effect for other employees, i.e., employees cannot escape discipline for future infractions by being enrolled in the EAP.  Employees will not be allowed to elect rehabilitation in lieu of discipline more than one time.

 

E.        Employees will be subject to unannounced periodic testing for the first six (6) months of employment, and will not have recourse to the referral agreement process in lieu of discharge in the event of a positive test result.

 

Section V.     Duration

 

This agreement shall be subject to the conditions of the Revision and Termination Provisions of the Working Agreement.

 


Exhibit B

Grandfathered Retirement and Retirement Savings Plans

 for Springfield Transfers Into the Oregon Truck Fleet

 

Retirement Plan

A.        Effective June 1, 2004, the Company amended its existing Retirement Plan covering hourly rated employees (including those paid on a wage incentive basis) represented by the Union. The amended Retirement Plan is subject to the terms and conditions hereafter set forth in this Article. The Retirement Plan has been omitted from this printing of the Agreement. Copies of the Plan are on file at the offices of the Company and the Union.

 

1.         Effective June 1, 2012, increase the benefit to $49.00/month per year of service.

2.         Effective June 1, 2013, increase the benefit to $50.00/month per year of service.

 

B.        No differences with respect to the Retirement Plan which arise between the retirement Committee or the Company and any employee who shall be a participant in the Plan shall be taken as a grievance under the grievance procedures established under this Working Agreement.

 

C.        If, after exhausting the initial claim and review procedures as outlined in the Retirement Plan Text there still exists a difference between the Company and any employee represented by the Union involving, for purposes of the Retirement Plan, (1) the employee’s (or his/her beneficiary’s) eligibility for a benefit, (2) The amount of any benefit payable on behalf of an employee, or (3) the duration of any benefit payable on behalf of an employee then, in such case, the remainder of this paragraph shall apply. The matter in dispute shall be referred to a representative of the Company and a representative appointed by the Woodworkers District Lodge W24, International Association of Machinists and Aerospace Workers, and if such representatives shall be unable to agree upon findings of fact with respect to the matter in dispute, the dispute shall be referred to an impartial third person, who after affording each of the representatives an opportunity to present their respective views to him/her as to such matter, shall make findings as to such fact. The findings of the representatives or of the impartial third person shall be binding and conclusive on the Company, the employee, and the Union. Such third person shall be selected by the Company and the Woodworkers District Lodge W24, International Association of Machinists and Aerospace Workers or if they are unable to agree, by the American Arbitration Association. The two representatives or the impartial third person so appointed shall have the authority to make findings of fact with respect to the matter in dispute, but no authority to change, enlarge, or interpret any of the provisions of the Retirement Plan. The compensation and expenses of the Company representative and the Woodworkers District Lodge W24, International Association of Machinists and Aerospace Workers representatives shall be paid by the Company and the Woodworkers District Lodge W24, International Association of Machinists and Aerospace Workers respectively. The compensation and expenses of any third person appointed hereunder shall be paid one‑half by the Company and one‑half by the Woodworkers District Lodge W24, International Association of Machinists and Aerospace Workers.

 

Retirement Savings

The Company will offer a 401(k) retirement savings plan which shall include the following features, subject to changes and limitations mandated by federal law:

 

A.        Eligibility: Hourly employees who are hired to work at least 25 hours per week.

 

B.        Employee Contributions: Employees may contribute pre‑tax earning to the plan  up to the IRS-allowed annual maximum amounts.

 

C.        Company Matching Contribution: The Company will add fifty cents ($0.50) for each one dollar ($1.00) that employees contribute out of the first 5% of their pay deferred. Company match will be in Company stock only.  If corporate economic conditions deteriorate in all four Company businesses to the extent that the Board of Directors place a moratorium on Company match contributions, on a company-wide basis, such moratorium will be applicable to those covered under this agreement.

 

D.        Vesting: Employee contributions are 100% vested. The Company’s contributions shall be based on the following vesting schedule, based on the employee’s years of service.

Years of Service       Vesting

0‑2                     0%

2                       20%

3                       40%

4                       60%

5                       80%

6                       100%

 

E.        Investment funds: Employees will have a choice of investment options.

F.         A detailed plan summary will be furnished to union negotiating committees.

 

Remaining Springfield Transfers as of 06/1/12:

Dimmick, Barry L.                                                     Nohrenberg, Karl B.

Elkins, Sam W.                                                         Smith, Ricky D.

Ladd, Larry R.                                                           Thede, Thomas A.

Lane, Dennis L.                                                       Turpin, Aron W.

Miller, Steven W.

Exhibit C

Truck Eligibility

06/01/12

Truck drivers will be eligible for a new truck every eight (8) years, if available, and eligible for a used truck every three (3) years.

 

Exhibit D

Boot and Prescription Safety Glass Allowances

 

Standardize allowances across all operations as follows:

 

Boots:  ANSI approved (leather, steel-toe, over ankle) – $95.00 per year

Caulk Boots:  $140 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.

 

Current allowances will not be reduced as a result of this agreement.

 

 

 

 

 

 

Exhibit E

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.

 

 

 

Exhibit F

Wage Scale

Description

6/1/12

($.10 increase LogTruck Driver only eff. 6/4/12)

6/1/13  ($.20 eff. 6/3/13)

6/1/14  ($.35 eff. 6/2/14)

6/1/15   ($.55 eff. 6/1/15)

Entry Level 11.750 11.950 12.300 12.850
Truck Wash 14.225 14.425 14.775 15.325
Truck Wash II (eff 9/4/12) 15.720 15.920 16.270 16.820
Fueler 14.225 14.425 14.775 15.325
Fueler II 15.720 15.920 16.270 16.820
Common Laborer 17.590 17.790 18.140 18.690
Grease 1 18.620 18.820 19.170 19.720
Grease 2 18.950 19.150 19.500 20.050
Tire 19.435 19.635 19.985 20.535
Mechanic Helper 18.530 18.730 19.080 19.630
Mechanic 1 19.215 19.415 19.765 20.315
Mechanic 2 20.115 20.315 20.665 21.215
Mechanic 3 20.865 21.065 21.415 21.965
Lead Mechanic 21.755 21.955 22.305 22.855
Shop Coordinator 23.420 23.620 23.970 24.520
Log Truck Driver 19.210 19.410 19.760 20.310

 

Log truck driving adders:

Low Boy Adder                                     $1.15/hour

Steer Trailer Adder                     $0.65/hour

Short Logger Adder                   $0.65/hour

Pole Truck Adder                      $0.50/hour

Effective 1/9/12, $2.50/hr Adder for Office Helper assignments.

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