Effective

SECTION A.

Pursuant to the National Labor Relations Board Certification in case no. 16-RC-9293, the Company hereby recognizes the Union as the sole and exclusive Collective Bargaining Agent for all employees described in Article 5 of this Agreement employed by the Company.

SECTION B.

This Agreement shall supersede all previous agreements by and between the Company and the Union or any other organization, or individual with respect to the classifications of employees listed in Article 5 of this Agreement and shall constitute the sole agreement between the Company and the Union.

SECTION C.

Any alteration or modification of this Agreement must be made by and between duly authorized representatives of the parties hereto and must be in writing.

SECTION D.

The Company’s operating regulations, basic rules of conduct affecting the employees and employee responsibilities, as revised from time to time shall be published and provided to the employees covered by this Agreement and the Union will be given a copy of all such rules, responsibilities and regulations.  Employees will be governed by such reasonable rules, responsibilities and regulations and other orders issued by properly designated authorities of the Company which are not in conflict with this Agreement.  The Union shall be provided with a copy of all new rules, regulations, responsibilities, and revisions thereto at least fifteen (15) days prior to their implementation.  The Union shall be entitled to challenge the reasonableness of such rules, regulations and responsibilities in accordance with the provisions of the grievance and arbitration procedure.

SECTION E.

Neither the company nor the Union shall discriminate against any employees because of such employees’ race, color, creed, religion, sex, national origin, age (to the extent prohibited by the Age Discrimination in Employment Act only), or disability (as prohibited by the Americans with Disabilities Act and the Texas Commission on Human Rights).

SECTION F.

Whenever the words “employee” or “employees” are used in this Agreement, they designate only such employees as are covers by

this Agreement.  Whenever in this Agreement employees or jobs are referred to in the male gender, it shall be recognized as referring to both male and female.

SECTION A.

The Company expressly retains complete and exclusive rights, powers and authority to manage its operations and direct its employees except as the terms of this Agreement specifically limit said rights, powers and authority.  These retained rights, powers and authority include, but are not limited to, the right to determine the methods of producing, selling, marketing, financing and advertising products and services; to determine the prices of products and services; to determine methods, processes, standards, means, schedules and volume of production, operation, fabrication, repair, distribution; to determine product lines and types and distribution of work within the locations, and the methods, processes, services, equipment and materials to be utilized; to establish, continue or discontinue processes, functions, operations and services and/or their performance by employees of the Company; to determine employees’ starting and quitting times and the number of hours per day and per week operations shall be carried on and any employee shall work; to determine the existence, amount or lack of work; to make and enforce reasonable rules for the maintenance of discipline, efficiency, security or safety; to hire, promote, demote, transfer, layoff, recall and terminate employees; to assign and to reassign employees to duties, shifts and hours of work; to discharge, suspend or otherwise discipline employees; to set, enforce and change production standards and methods of production to ensure quality control and the proper and efficient use of the working force and equipment.

SECTION A.

Subject to the provisions of the labor management Relations Act 1947, as amended, it shall be a condition of employment hereunder that all employees covered by this Agreement who are members of the Union in good standing on the date of execution of this Agreement who are members of the Union in good standing on the date of execution of this Agreement and all employees covered b this Agreement who became members of the Union in good standing subsequent to the execution date of this Agreement shall remain members in good standing through the term of this Agreement.

SECTION B.

Not withstanding anything to the contrary therein, Section A shall no be applicable if all or any part thereof shall be in conflict with applicable law; provided however, that if all or any part of Section A becomes permissible by virtue of a change in applicable law, whether by legislative or judicial action, the provisions of Section A held valid shall immediately apply.

SECTION C.

During the life of this Agreement the Employer shall deduct initiation fees and regular dues from the paychecks of employees who individually and voluntarily authorize such deductions in writing on the Check Off Authorization form provided by the Union for such deductions.

SECTION D.

The Union agrees that it shall indemnify the Company and hold the Company harmless from any and all claims which may be made by the employee against the Company by virtue of the wrongful application or misapplication of any of the terms of this Article.

SECTION E.

The Union agrees that written notice shall be given to the company at least thirty (30) days before the Company is required to remove such employee from his employment by reason of his failure to maintain his membership in good standing in the Union in accordance with Section A. of this Article.

SECTION F.

The Company will make available to the Union lists of new hires, terminations, layoffs, or recalls of employees covered by this Agreement.  Such lists will be prepared weekly and will show the name, hire date, termination date, layoff date and recall date of such employees who were hired, terminated, laid off and recalled during the week for which the list is prepared.  At the end of each month, the Company will proved the Union with a complete written list of names of all Bargaining Unit Employees including their Social Security number, classification, shift, department, and rate of pay.  Upon request, the Company will provide the Union with a current mailing list of all plant employees.  The list provided for in this Section will be mailed to the Local 19 Union office.

SECTION G.

It shall be the responsibility of any employee who is a member of the Union and is not on a dues deduction program to keep his membership current by direct payment of monthly dues to the Union.

SECTION H.

Should a deduction be missed, or in the event an insufficient amount is deducted, it is the employee’s responsibility to make the proper adjustment with the Union.

SECTION I.

Each employee must contact the Union to obtain a withdrawal card from the Union when leaving the job for any of the following reasons:

SECTION A.

The Company agrees to admit to its facilities the officially designated representatives of the Union to transact business as is necessary for the administration of this Agreement.  Such Union Representatives agree to make their presence known to the Plant Manager, or his designee, upon arrival at the Company facility.

SECTION B.

The Union shall select business representatives and shall notify the Company of their appointment or removal.  The Company shall notify the Union of the appropriate Company representative hereunder.

SECTION C.

The Union shall elect or appoint Shop Steward (s), Chief Steward (s) and alternate Steward (s) as required by the Union, to conduct the Union business and shall notify the Company in writing within seven (7) calendar days of the election, appointment or removal of such Stewards.

SECTION D.

When it becomes necessary for a Shop Steward and/or any involved employee to engage in Union business, including the investigation and/or processing of a potential grievance, such Steward and/or involved employee will be permitted reasonable time to conduct such Union business provided the Steward and/or employee involved, notifies his respective supervisor prior to engaging in such Union Business.  Any Shop Steward who, as a result of conducting Union business, enters another Department, will notify the Supervisors in charge of his presence.  All time spent during regular working hours excluding break and lunch periods by a Shop Steward and/or other involved employee conducting Union Business in accordance with this Section shall be on Company time without loss of pay and shall be considered time worked for all purposes.

SECTION E.

Upon forty-eight (48) hours notification by the Union Business Representative, the Company will grant to any employee unpaid time off to perform Union Business off the Company property.  Such time off the property shall not be for the purpose of engaging in a concerted activity against the company and the Union agrees to cooperate with the Company to avoid any negative impact on Company production as a result of the use of this Section.

SECTION F.

Any employee who is questioned by any Company Representative where disciplinary action could result, will be permitted to obtain a Shop Steward to represent him during such discussion.  The Company will advise the employee of the nature of any such discussion prior to the commencement of such discussion.

SECTION G.

The Chief Shop Steward and Alternate Chief Steward will at all times be assigned to the shift and days off requested by the Union.

SECTION H.

No employee covered by this Agreement will be interfered with, restrained, coerced, harassed or discriminated against by the Union, by the company, or by their officers or agents, because of membership or non-membership in or lawful activity of the Union.

SECTION A.

All employees currently covered by this Agreement shall be recognized as being in a classification and department listed in this Agreement.

SECTION B.

If the Company establishes a new job classification within the bargaining unit during the term of this Agreement, the Company shall initially set the rate of pay for such new job classification.  The Company will notify the Union of any new classifications.  If the Union is not satisfied with the rate of pay established by the Company, it shall have the right within ten (10) days after the establishment of such new classification to file a grievance pursuant to Article 13 of this Agreement.  If the grievance proceeds to arbitration, the Arbitrator shall have jurisdiction to determine only whether or not the rate of pay established for such new job classification bears a fair relationship to the other rates of pay set forth in this Agreement, and if not, what rate of pay would bear such relationship.

SECTION C.

The filling of temporary and permanent job vacancies in any classification and department will be accomplished in accordance with Article 11.  The filling of shift vacancies within a classification and department will be accomplished in accordance with Article 8.

SECTION D.

The current job classifications covered by this Agreement are as follows:

SECTION E.

The current departments to which employees in the classifications listed in Section D may be assigned are as follows:

1. Provided they are available at the regular starting time, employees ordered to work for whom no work is provided shall receive a minimum of four (4) hours pay.  However, if the employee, with approval, elects to leave prior to the completion of the assigned work, he shall only be paid for the actual time worked.

2. In carrying out the above, employees shall be considered as having been scheduled to work if the Supervisor, Plant Manager, or the person in charge of the operation fails to notify such employees not to report by the end of the shift on the previous work day.

3. There will be no obligation for the Company to pay the minimum referred to in this Article in the event of storms, floods, fire, equipment or utility failures, shortage of materials, bomb threats or any other similar occurrences.

SECTION E.

The Company may at any time institute, discontinue or reinstate in any Department a four (4) day work week with ten (10) consecutive hours of work per day in accordance with Section A and B of this Article.  The union or employee will be given a two (2) week notice prior to implementation.

SECTION F.

There will be no more than one (1) starting time per classification and department on each shift without joint agreement between the Union and the Company.  The Company may, however, change a shift starting time for all employees in a particular classification and department, writing the limitations and parameters set forth in this Article when operational requirements necessitate such change, provided the effected employees are given written notice of the change as soon as the Company is aware of the operational requirements necessitating such change and at least fifteen (15) hours prior to the beginning of the new starting time.

SECTION G.

No employee will be scheduled by the Company to work more than one (1) shift during the same work week.  This provision shall not be interpreted to prohibit an employee from voluntarily working overtime on a shift other than his own.

SECTION H.

All employees will receive either a fifteen (15) minute paid meal period or a thirty (30) minute unpaid meal period approximately at the midpoint of their shift.  In addition, all employees will receive a ten (10) minute paid rest period between their regular starting time and the beginning of their lunch period as well as a ten (10) minute paid rest period at the mid-point between the regularly scheduled completion time of their lunch period and their regular quitting time.  The Company will advise each employee, shift and/or department as to which schedule is applicable to that employee, shift and /or department.  The Company may, however, change the schedule provided the Union and the effected employees are given three (3) calendar days written notice of the change.

SECTION I.

It is understood and agreed that as an economic necessity in unusual or emergency circumstances, the Company may establish shift starting times outside the parameters of Section C of this Article.  It is agreed that the effected employees will be given written notice of the change as soon as the Company is aware of the circumstances necessitating such change and at least fifteen (15) hours prior to the beginning of the new starting time.

SECTION J.

The Company will not hire or utilize any part time employees unless mutually agreed to between the Company and the Union.

SECTION K.

If the Company reduces the normally scheduled work week or the normally scheduled work day for more than two (2) weeks duration (excluding provisions in Section D) in a sixty (60) day period, the Company shall be compelled to lay off those employees with the least seniority in order to insure a five (5) day work week for the remaining employees.  The Company will give the Union and employees at least three (3) calendar days notice of such reduction.