Agreement Between
The
GRANITE CUTTER'S
ASSOCIATION
and
ROCK OF AGES CORPORATION
Manufacturing Division
April 25, 2009
- April 29, 2011
Table of Contents
AGREEMENT
.....................................................................................................
2
ARTICLE 1 - TERM
...........................................................................................
2
ARTICLE 2 - HOURS OF
WORK......................................................................
2
ARTICLE 3 - EXTRA
SHIFTS............................................................................
3
ARTICLE 4 -
WAGES..........................................................................................
3
ARTICLE 5 -
OVERTIME..................................................................................
5
ARTICLE 6 - HOLIDAY
PAY.............................................................................
5
ARTICLE 7 -
VACATIONS................................................................................
8
ARTICLE 8 - BEREAVEMENT PAY/BIRTH OF A
CHILD..........................
13
ARTICLE 9 -
INSURANCE...............................................................................
13
ARTICLE 10 - PENSION PLAN
AGREEMENT.............................................
17
ARTICLE 11 - 401K
PLAN................................................................................
19
ARTICLE 12 -
NOTICES...................................................................................
19
ARTICLE 13 - LAYOFF AND
RECALL..........................................................
19
ARTICLE 14 - UNION
SECURITY..................................................................
20
ARTICLE 15 - CHECK
OFF.............................................................................
21
ARTICLE 16 - DISPUTE
SETTLEMENT....................................................... 22
ARTICLE 17 - PLANT
ACCESS...................................................................... 23
ARTICLE 18 -
NONDISCRIMINATION.......................................................
23
ARTICLE 19 - GOVERNMENT
REGULATIONS........................................
23
ARTICLE 20 - SUBSTANDARD
OPERATIONS.......................................... 24
ARTICLE 21 - LABOR MANAGEMENT
TEAM.........................................
24
ARTICLE 22 - SAFETY
MEASURES.............................................................
25
ARTICLE 23 - NEW
MACHINERY................................................................
27
ARTICLE 24 - APPRENTICE TRAINING
PROGRAM............................... 27
ARTICLE 25 - LEAVES OF
ABSENCE..........................................................
28
ARTICLE 26 - PROBATIONARY
PERIOD...................................................
29
ARTICLE 27 - NEW
EMPLOYEES................................................................. 29
ARTICLE 28 -
SUBCONTRACTING..............................................................
29
ARTICLE 29 -
JURISDICTION....................................................................... 30
GRANITE CUTTERS'
PROVISIONS............................................................. 30
SIGNATURE
PAGE..........................................................................................
32
HOLIDAY
CALENDAR....................................................................................
33
SIDE LETTER AGREEMENT
AGREEMENT
This Agreement entered
into this 25th day of April, 2009 by and between ROCK OF AGES
CORPORATION (the Company) and the GRANITE CUTTERS'
ASSOCIATION (the Union).
ARTICLE 1
Term
1.1
This Agreement shall be effective April
25, 2009, and shall continue in full force and effect through April
29, 2011, and from year to year thereafter, unless either party
gives notice to the other, not less than sixty (60) days prior to
April 29, 2011, or prior to April 29 of any year thereafter, that
it desires to alter, amend or terminate any or all of the terms
thereof.
ARTICLE 2
Hours of Work
2.1
Eight (8) hours shall constitute a
day's work, five (5) days shall constitute a week's work with
Saturday a full holiday. Work shall be regarded as being
performed on Saturday only if an employee's shift begins on
Saturday. Daily working hours will begin not earlier than
7:00 a.m. and end not later than 3:30 p.m., and any work performed
by employees on the first shift prior to 7:00 a.m. or after 3:30
p.m. shall be paid for at time and one‑half the regular rate
of pay, except as modified pursuant to either paragraph (a) or (b)
listed below.
(a) Should the Company
or Union desire a change of working hours for seasonal conditions
it must be agreed by the Company and by a majority vote of the
employees represented by the Union and by a majority of employees
represented by any other union provided, however, that between
January 1 and March 15, an eight (8) hour shift to end no later
than 5:00 p.m. may be established for all employees of a saw plant
or for the sawyers in a manufacturing plant having a saw which is
subject to outdoor weather for periods during which the Company has
a reasonable expectation that inclement weather will otherwise
adversely affect its operations. On such a special shift,
overtime shall be paid before 8:00 a.m. and after 5:00 p.m.
(b)
If the Company desires to change the
regular daily working hours to begin no later than 7:30 a.m. and to
end no later than 5:00 P.M. during the period in which Eastern
Standard Time is in effect, the Company has the option to make such
change if a majority of its employees represented by the Union and
a majority of its employees represented by any other local Union,
voting separately in a vote conducted by the respective union
representatives approve that change in hours. If the daily
working hours are changed pursuant to this paragraph, overtime
shall be paid before the starting time and after the finishing time
of that eight (8) hour shift.
2.2
Employees are obligated to give notice on
the day, as soon as possible, to the Company when they are unable
to report for work, stating reason. Failure to provide
reasonable notice may be the basis for standard progressive
discipline, separate for each day, up to and including
discharge.
2.3
If the Company desires to change the
regular lunch period from one‑half (1/2) hour to one hour or
vice versa, the Company has the option to make such change if a
majority of its employees represented by the Union and a majority
of its employees represented by any other union, voting separately,
approve that change in hours.
ARTICLE 3
Extra
Shifts
3.1
It is agreed that the employer shall have
the privilege of operating three (3) shifts. One (1) shift to
be the established working day and to be paid as per Article 4 of
this Agreement. The second shift shall be of eight (8) hours
duration. In addition to payment for work performed in
accordance with Article 4 of this Agreement, employees working on
the second or third shift shall receive a shift premium of one
dollar and seventy-five cents ($1.75) per hour.
3.2 In the interests of
safety, the Company may require any employee engaged in production
work on the floor to work any shift as long as any other person is
present on the floor. There must be at least two employees
engaged in production work on the floor at all times. A
telephone must be readily available on the premises.
A single employee may work alone to monitor, correct or
restart equipment (including associated work) provided he or she is
equipped with a beeper and automatic safety call‑in every 15
minutes unless deactivated by the employee.
3.3
In assigning employees to work on the
second and/or third shifts, the employer shall first seek
volunteers with preference being given on the basis of length of
service (seniority) with the employer subject to demonstrated
ability to perform the work on those shifts. If there are not
sufficient volunteers, employees shall be assigned on the basis of
inverse seniority, subject to demonstrated ability to perform the
work on those shifts.
ARTICLE 4
Wages
4.1 Minimum Wages
The following are the
minimum wage rates for all journeymen granite cutters, polishers,
tool sharpeners, sandblasters and draftspersons in effect during
the term of this Agreement:
Rate Per Eight (8)
Effective Date
Rate Per Hour
Hour Day
April 26, 2009
$18.80
$150.40
May 2, 2010
$19.30
$154.40
4.2
Wage Increase
(a)
Effective April 26, 2009, each
employee in the bargaining unit shall receive a wage increase of
zero cents ($.00) per hour.
(b)
Effective May 2, 2010, each employee
in the bargaining unit shall receive a wage increase of fifty cents
($.50) per hour.
4.3 Apprentice Wage
Rates
Apprentice wage rates for apprentices employed after April 28,
1997, shall be the following percentage of the applicable
journeyman rate:
Start:
70%
After 1
year:
90%
After 3 Months:
80%
After 18 Months:
95%
After 6 Months:
85%
After 2
years:
100%
4.4
Infirm Employees
Employees
who through infirmity or other reasons are not able to earn the
wage given in this Agreement may work for such wages as may be
satisfactorily agreed upon between the Union Business Agent, the
employee and the Company. This section shall be administered in
compliance with applicable laws governing the employment rights of
disabled or handicapped employees.
4.5
Payment of Wages
(a) Wages may be paid
by cash or by check in an envelope at the option of the
Company. In the event of a default in payment of such check
by the Company, such option shall be revoked and payment shall
thereafter be in cash. Wages must be paid in full weekly within
five (5) working days of the time they become due. Payment to
be made during working hours.
(b)
An employee having once accepted
his pay, his rate of pay can only be changed by mutual consent of
employee and the Company, the rate in no case to be below the
established minimum rate of wages.
(c)
Any employee discharged shall
receive his pay immediately. Any employee leaving shall
notify his employer two weeks in advance and, having complied with
this requirement and worked the two‑week period, shall
receive his pay in full (earned vacation and bonus, if any,
included) on the regular payday for the week of separation in
person (or by mail if preferred by the employee). The
employer will provide the employee with a written form that the
employee will be asked to sign to confirm notice.
(d)
The Company shall be required to furnish
employees with written information weekly which shall designate the
total earnings, total withholdings, number of hours worked at
straight time and number of hours at overtime and rate of pay.
4.6
Report Pay
In the absence of
a notice not to report to work, should an employee report to work
and be discharged before work begins or during the first two (2)
hours of the day, he or she shall be paid no less than two (2)
hours' pay, except in the case of a cutter intentionally or
negligently spoiling a stone.
4.7 Wage
Adjustments and Discretionary Management Programs
(a)
If at any time during
the existence of this Agreement a wage increase should be granted,
any employee receiving more than the minimum wage as provided in
this Agreement shall receive the same wage adjustments but for no
reason shall his wages be reduced before making said
adjustments. There shall be at least two months notice before
any reduction in pay above the bill; the Company will also provide
that notice to the Union.
(b) The Company has the
right to institute, modify and/or withdraw discretionary management
programs for the payment of additional compensation in money or
benefits beyond that provided by this Agreement without bargaining
with the Union. Notice of such discretionary management
programs, and any modification or withdrawal of such program, shall
be provided to the Union. This clause does not affect the
requirement that the Company must negotiate any other changes in
the compensation, benefits, or other terms or conditions
established by this Agreement.
4.8
Workers' Compensation
If an employee has to
leave work because of a workers' compensation injury and is unable
to return, he or she shall suffer no loss of straight time pay for
that day.
4.9 Jury
Duty
An employee who is required to report for jury duty on a day when
he or she otherwise would have worked
shall receive a day's regular
straight‑time pay for up to a maximum of thirty (30) days per
calendar year. The Company can require verification of jury
duty served. It is understood that if an employee is released
from jury duty so that he or she can reasonably report for work at
least two hours before the end of his scheduled shift, he or she
must report for work on that day. If jury duty commences in
the afternoon, the employee shall report to work at the start of
his or her shift, and shall leave work at a reasonable time so that
the employee can return home, and then travel to court. If an
employee reports to work for part of a workday, he or she shall be
paid his regular wages for the time worked, and shall be paid the
appropriate fraction of a day for jury service. All work done
outside of the regular work hours shall be paid at the appropriate
overtime rate, regardless of whether part of the day was spent in
jury service.
ARTICLE 5
Overtime
5.1 All work
done outside of the regular hours shall be paid at the rate of time
and one‑half. The Company may schedule two hours of
overtime in a regular work day and five hours on Saturday.
Any additional overtime shall be subject to the approval of the
Business Agent. No employee shall be required to work
overtime.
5.2
The Company shall offer overtime to employees performing that
category of work in order of seniority, unless it is demonstrated
that the senior employee lacks ability to perform that overtime
work. It is understood that the employees will cooperate to
assure adequate staffing of the Company's overtime
requirements. The Company may assign overtime work on a
particular job, without any regard to seniority, to an employee who
has previously worked on that job.
Repeated refusal to work overtime will allow management to offer
the overtime to others with less seniority. Management shall
issue a notification that the overtime shall be offered to
others. The employee's rights to overtime shall be terminated
until the employee gives notice that he or she will accept
overtime.
Management should provide reasonable advance notice of
overtime. Absent extraordinary circumstances, notice of
overtime on Saturday will be provided no later than Thursday at
noon.
ARTICLE 6
Holiday Pay
6.1
Paid Holidays
(a) The eleven (11) paid holidays shall be: New
Years' Day, the day preceding Town Meeting Day, Town Meeting Day,
Memorial Day, July Fourth, Labor Day, Employee Appreciation Day
(the Tuesday following Labor Day), Veterans' Day, Thanksgiving Day,
Friday after Thanksgiving Day and Christmas Day, and shall be paid
regardless of whether the holiday falls on a Saturday or
Sunday.
(b) The holidays for the term of
this contract will be observed in accordance with the holiday
calendar attached hereto.
(c) Employees who are laid
off during either of the weeks in which Town Meeting Day or
Thanksgiving falls shall not be eligible for holiday pay in those
weeks. Instead, such employees must as individuals report for
work on the first work day following the conclusion of any such
layoff and such employees may collectively and mutually agree with
the Company on days when they will, as a group, take personal days
off with pay if they are otherwise eligible for the holiday
pay. Such personal days must be taken within thirty (30) days
after the first work day following the conclusion of the layoff in
question and if mutual agreement is not reached, the employees will
receive pay in lieu of any holidays to which they are entitled.
6.2
Eligibility
(a) The employee must have
at least thirty (30) working days' accumulated service to be
eligible for paid holidays. After completing thirty (30)
working days' service, any paid holiday that fell within the thirty
(30) working day period becomes payable. If an employee quits
before he or she has accumulated thirty (30) working days' service,
no holiday pay is due. If he or she is laid off or is discharged
through no fault of his own before he or she has accumulated thirty
(30) working days' service, any holiday which fell within the
period of his employment and discharge becomes due and
payable.
(b)
Subject to 6.1(c), any employee who
works to within four (4) working days of a paid holiday and who has
thirty (30) working days' accumulated service with the Company and
is then discharged or laid off will nevertheless receive the
holiday pay.
(c)
When a holiday falls in an
employee's vacation, the employee shall have the option of
receiving pay for that day at straight time in addition to vacation
day, or taking a personal day at full pay within ninety (90) days
of the original date of the holiday.
(d) During the week of a paid
holiday, the employee must work a minimum of a full scheduled work
week excluding the holiday or holidays less one (1) scheduled
workday. Exceptions to the above ruling can be made only by
prior arrangements with management. Sickness during the week
of holiday shall not disqualify an employee if he or she has
notified the Company.
(e) Apprentices are to be
eligible for paid holidays.
(f)
No employee shall be entitled to the
holiday pay as provided in this Article if such employee is not
working and is receiving compensation or benefits during such
period in which he or she is not working, whether he or she is
receiving such compensation or benefits under the State
Unemployment Compensation Act, State Workers' Compensation Act,
Granite Group Insurance Trust, or from any similar source to which
the Company contributes.
6.3 Holiday
Work
For all work done on
Sundays or on the following holidays, double time plus the holiday
(if applicable) shall be paid: January First, the day
preceding Town Meeting Day, Town Meeting Day, Memorial Day, July
Fourth, Labor Day, the Tuesday following Labor Day, Veterans' Day,
Thanksgiving Day, Friday after Thanksgiving Day and Christmas
Day.
6.4
In the event of a state or federal law affecting the date on which
holidays are celebrated, the parties hereto will negotiate with
respect to appropriate changes in this Article with the
understanding that the number of holidays shall remain the same as
set forth above.
6.5
Any paid days off to which an employee is entitled under this
Article shall include second and/or third shift premiums, as the
case may be, if the employee is assigned to such shift on the
day(s) for which he or she is entitled to such pay.
ARTICLE 7
Vacations
7.1 Vacation
Period
The vacation period shall be May 1 to April 30. There shall
be a staffing goal of no more than 20% absent for vacation in each
GCA category of work at any time.
Beginning in 2010, the first full week of vacation shall be taken
during the week of July 4 th if the Company closes
operations that week. In the unlikely event employees are needed,
the union will be consulted and volunteers will be requested
first. The second week of vacation shall be taken in not less
than a one week segment. Employees shall select the second
week of vacation on the basis of the seniority roster in each work
area. After all employees have selected the second week of
vacation, employees shall select the third and fourth week of
vacation on the basis of the seniority roster in each work
area. Requests for one-week segments will take priority over
requests for single days for the third and fourth week of vacation,
regardless of seniority. In all other conflicts in requested
dates, seniority shall govern unless the Company can