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EXHIBIT 10.7

COLLECTIVE BARGAINING

AGREEMENT

 

BETWEEN

 

INTERNATIONAL WINDOW

ARIZONA, INC.

 

AND

 

INDUSTRIAL CARPENTERS

LOCAL UNION NO. 2093

 

EFFECTIVE

June 5, 2005 – June 7, 2009

1

 



TABLE OF CONTENTS

 

 

 

 

PAGE

 

 

 

 

 

ARTICLE 1

 

PURPOSE

 

4

ARTICLE 2

 

SAVINGS CLAUSE

 

4

ARTICLE 3

 

EQUAL EMPLOYMENT OPPORTUNITY

 

4

ARTICLE 4

 

HEALTH AND SAFETY

 

5

ARTICLE 5

 

MANAGEMENT RIGHTS

 

5-6

ARTICLE 6

 

NO STRIKE – NO LOCKOUT

 

6

ARTICLE 7

 

PAY PERIODS

 

6

ARTICLE 8

 

EMPLOYMENT & DISPATCH PROCEDURE

 

6

ARTICLE 9

 

CHECK-OFF

 

7

ARTICLE 10

 

UNION LABEL

 

7-8

ARTICLE 11

 

RIGHTS OF UNION REPRESENTATION

 

8

ARTICLE 12

 

SHOP STEWARDS

 

8

ARTICLE 13

 

REGULAR WORK TIME

 

8-9

ARTICLE 14

 

SHOW UP TIME

 

9

ARTICLE 15

 

SHIFT PREMIUM

 

9

ARTICLE 16

 

CLASSIFICATIONS AND RATES OF PAY

 

9-10

ARTICLE 17

 

OVERTIME PAY

 

11-12

ARTICLE 18

 

SENIORITY

 

12-14

ARTICLE 19

 

REQUEST FOR TRANSFER

 

14

ARTICLE 20

 

GRIEVANCE & ARBITRATION PROCEDURE

 

14-15

ARTICLE 21

 

SICK PAY

 

15-16

ARTICLE 22

 

LEAVE OF ABSENCE

 

16-17

ARTICLE 23

 

HOLIDAY PAY

 

17

ARTICLE 24

 

PAID VACATIONS

 

17-18

ARTICLE 25

 

FUNERAL PAY

 

18-19

ARTICLE 26

 

HEALTH, WELFARE AND DENTAL BENEFITS

 

19-20

ARTICLE 27

 

EMPLOYEE RETIREMENT SAVINGS PROGRAM

 

20-21

ARTICLE 28

 

GENERAL PROVISIONS

 

21

ARTICLE 29

 

SOLE AND ENTIRE AGREEMENT

 

21

ARTICLE 30

 

DURATION OF AGREEMENT

 

22

 

 

 

 

 

EXHIBIT “A”

 

HOURLY WAGE SCHEDULE

 

23-24

 

 

 

 

 

SIGNATURES

 

 

 

25

 

 

 

 

 

 

 

 

2

 



A G R E E M E N T

THIS AGREEMENT is made and entered into this 21 st  day of July, 2005, and effective as of the 5 th  day of June, 2005 by and between INTERNATIONAL WINDOW ARIZONA, INC. located at 2500 East Chambers Street, Phoenix, Arizona 85040 hereinafter called the “Company” and the INDUSTRIAL CARPENTERS LOCAL UNION NO. 2093, represented by SOUTHWEST REGIONAL COUNCIL OF CARPENTERS, hereinafter known as the “Union”.

It is agreed between the parties signatory hereto, that the above mentioned Union is and shall remain, as long as this Agreement is in force, the sole and exclusive bargaining representative of all persons working for the Company at the location specified above.  Employees working as guards, office workers, salesmen and supervisory personnel are excepted as defined by the Labor-Management Relations Act of 1947, as amended.

3

 



ARTICLE 1

PURPOSE

The Company recognizes that it cannot get along without labor any more than labor can get along without the Company.  The Union and the Company recognize that the success of the business is vital to all concerned.  This requires that both the Company and the employees work together to the end that quality and cost of the product will prove increasingly attractive to the customer so that the business will be continually successful.

Both parties hold that the basic interest of the employer and the employees are the same; however, at times employees and the Company may have different ideas on various matters affecting their relationship.  Both the Company and the Union are convinced that there is no reason why differences cannot be peaceable and satisfactorily adjusted by sincere and patient effort on both sides.

This Agreement outlines provisions, which should aid in the attainment of these goals.

ARTICLE 2

SAVINGS CLAUSE

In the event any Federal, State or local law conflicts with any provisions of this Agreement, the provision or provisions so affected shall no longer be operative or binding upon the parties, but the remaining portion of the Agreement shall continue in full force and effect.

ARTICLE 3

EQUAL EMPLOYMENT OPPORTUNITY

Section a)                                           Neither the Company or the Union shall discriminate against any employee because of such employee’s race, color, religion, sex, national origin or age (to the extent prohibited by the age discrimination act only) or physical handicap (to the extent they are able to perform the duties assigned).

Section b)                                           All reference to employees in this Agreement designate both sexes and whenever the male gender is used, it shall be construed to include both male and female employees, if applicable.

Section c)                                           All grievances alleging a violation of this Section shall be furnished to the other party n writing.  If no satisfactory settlement is reached by Step 3 of the Grievance procedure, such grievance shall not be subject to Step 4 (Arbitration) of the Grievance Procedure, but may be the basis of a complaint before the federal or state agency, which has jurisdiction over the subject matter.

4

 



ARTICLE 4

HEALTH AND SAFETY

Section a)                                           Safety/Production Review Committee: The committee shall consist of two managers or supervisors, appointed by the Company and two factory employees, appointed by thee Union.  This committee’s responsibilities will be to review the safety programs and production records of each department quarterly to help find ways to improve those areas.  The information will be provided to management with the committee’s recommendations.  Management retains the right to determine subjects or issues considered by the committee and which of the committee’s recommendations it will implement.

Section b)                                           The Company shall make reasonable provisions for the safety and health of its employees in the plant during their hours of employment.  The Company agrees that it will furnish and maintain first aid equipment.  The Union and its members will cooperate in maintaining sanitary conditions and in the use of safety devices, making suggestions so as to improve the safety and health of the employees, and taking reasonable care of any safety material provided.

Section c)                                           Employees injured on the job will not suffer a loss of wages due to visits to the doctor or hospital for examination or treatment during working hours on the day of the injury. Visits to a doctor or hospital after the day of injury shall be on non-working time; provided, however, if an employee must see a specialist during normal working hours, the Company shall provide time off with pay not to exceed an aggregate of three (3) hours.

Section d)                                           An employee who is unable to perform the duties of his job because of injury or physical handicap, may be placed in a different type of work and at a reduced rate of pay, by mutual agreement between the Company, the Union and the employee.

Section e)                                           The Company reserves the right to send, at any time and at the Company’s expense, an employee to a recognized doctor, hospital or medical clinic to have the employee examined or tested to insure that he is physically, mentally or emotionally capable of performing his job. All employees agree as a condition of continued employment to abide by this procedure and authorize any medical facility so used to release the information obtained to the appropriate Company representative.

ARTICLE 5

MANAGEMENT RIGHTS

Section a)                                           Except to the extent expressly abridged by a specific provision of this Agreement, the Company reserves and retains all of its rights to manage the business. The rights of management by way of illustration shall include its right to determine prices of products; volume of production and methods of financing; to drop a product line; to establish or continue policies, practices and procedures for the conduct of the business and to change or abolish such policies, practices and procedures; the right to determine the number and types of its operations, and methods, processes, and materials to be employed; to discontinue processes or operations; to select and determine the number and types of employees required; to transfer, promote or demote employees, or to layoff, terminate for just cause, or otherwise relieve employees from duty for lack of work or other legitimate reasons; and to make and enforce reasonable rules for

5

 



the maintenance of discipline.

Section b)                                           Provided however, changes in existing rules and regulations, as well as new rules and regulations made by the Company, shall become effective five (5) regular work days after copies thereof have been furnished to the Union and posted on the Plant bulletin board.

Section c)                                           The listing of specific management rights in this Section, shall not be considered as limiting its rights to those listed but is for the purpose of illustration.

ARTICLE 6

NO STRIKE - NO LOCKOUT

During the term of this Agreement, all disputes, grievances, complaints and adjustments pursuant to this Agreement shall be settled in accordance with the Grievance and Arbitration Procedure outlined in Article 20, and the Union agrees for itself and its members that there shall be no strike of any kind, walk-out, sympathy strike, slowdown, picketing, stay-in or work-stoppage of any type, or interference with production coercive or otherwise, or violation of this Agreement. The Company agrees that there shall be no lock-out in violation of this Agreement on its part.

ARTICLE 7

PAY PERIODS

Employees shall be paid weekly. Employees shall be paid the full amount for wages due on each payday, except that in order to facilitate the handling of the payroll, the Company shall be permitted to hold back not more than one (1) week’s pay between such paydays.

ARTICLE 8

EMPLOYMENT & DISPATCH PROCEDURE

The Company will notify the Union when they are hiring unit employees.

6

 



ARTICLE 9

CHECK-OFF

For the convenience of the Union and its members, the Company, during the life of this Agreement and subject to all provisions of this Section, shall deduct from the pay of those employees in the bargaining unit who execute and assignment and authorization in the form hereinafter provided, all union initiation fees and dues levied in accordance with the Constitution and By-Laws of the Union. The Union shall indemnify the Company against any claims or loss arising out of the Company’s deduction of dues or initiation fees not levied in accordance with the Constitution and By-Laws of the Union and the Union will make refunds direct to all employees for any such wrongful deductions.

SAMPLE FORM

Name

Effective of this date, I hereby assign to and authorize                               to pay to the Industrial Carpenters Local Union No. 2093 out of wages now due, or to become due me, all initiation and monthly membership dues owed by me to said Industrial Carpenters Local Union No.2093. This assignment and authorization shall be irrevocable for the period of one (1) year, or until the termination of the Collective Bargaining Agreement between            and the Industrial Carpenters Local Union No. 2093, whichever occurs sooner, and I agree and direct that this assignment and authorization shall be automatically renewed, and shall be irrevocable for successive periods of one (1) year each, for the periods of each succeeding applicable Collective Bargaining Agreement between the Company and the Union, whichever shall be shorter, unless written notice is given by me either by registered mail or certified mail to the Company and to the Union not more than twenty (20) days and not less than (10) days prior to the expiration of each period of one (1) year or each applicable Collective Bargaining Agreement between the Company and the Union, whichever occurs sooner.

ARTICLE 10

UNION LABEL

It is hereby understood and agreed by the Company and the Union that an application shall be made for the Union Label to the First General Vice- President of the United Brotherhood of Carpenters and Joiners of America. If the application is approved, and the Union Label is issued by the United Brotherhood of Carpenters and Joiners of America to be placed upon the Company’s products, it is understood and agreed that the Label shall remain the property of the United Brotherhood of Carpenters and Joiners of America, and shall be at all times in the possession of a member of the United Brotherhoo


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