CollectiveBargainingAgreement劳资条约doc.docx

1、CollectiveBargainingAgreement劳资条约docCollective Bargaining Agreement劳资协议 - 1. The Company and the Union agree that they will not discriminate against an employee by reason of race, color, creed, age, sex, sexual preference, physical or mental disability, national origin, membership or non-membership

2、in the Union.2. Nothing in this Agreement shall be construed as constituting an agreement that any work is or may become the exclusive right of any employee or classification of employees. The Company retains the sole and unrestricted discretion to direct employees, on a temporary basis, to perform

3、work not within the job description of the position that they normally occupy whenever the Company determines that the interests of ensuring regulatory compliance and product quality and integrity, and maximizing productivity, efficiency or safety will best be served by doing so. This clause shall n

4、ot contravene the seniority and overtime provisions.3. All provisions of this Agreement are assumed to be in conformity with the applicable laws of the States of New Jersey and New York and the United States. If any provisions are later proven to be contrary to any applicable law existing at this ti

5、me or subsequently enacted, such provision shall then be considered void, and the invalidity or unenforceability of such provision shall have no effect on the remaining provisions of the Agreement.4. The Company has the right to use supervisors and other non-bargaining unit personnel to perform barg

6、aining unit work to whatever extent and for whatever duration management deems best serves the Companys overall interests in ensuring regulatory compliance and product quality and integrity, and maximizing safety. Supervisors also may, in the interests of efficiency and orderly production, fill in o

7、r work on a particular job as dictated by the necessities of the operation. However, if an employee within the bargaining unit leaves the employ of the Company, he will not be replaced with a supervisory employee provided the position is still available. Likewise, if there are overtime opportunities

8、, supervisory employees shall not replace bargaining unit employees; but this proscription shall not preclude qualified supervisors from doing up to two (2) hours of unit work if there are no qualified bargaining unit employees in the plant and available to do the work at the time. Some examples of

9、supervisors working are:(a) Emergencies occurring during scheduled working days when an operation is not fully manned.(b) Instructing or training of employees, including self- training.(c) Performing experimental work involving new products, new equipment, new methods or new materials.(d) Making min

10、or adjustments and set up.(e) Providing for the continuance of the work flow.(f) Product validation or other nonproduction scientific work.It is agreed that the Company shall not exercise its rights under this Section in such a way as to reduce systematically the number of bargaining unit positions.

11、5. The Company shall be responsible for instituting formal training procedures in all job classifications. Training shall be performed by such personnel as the Company deems, in its sole and unrestricted discretion, best suited to effective and efficient performance of the training function. Employe

12、es assigned to perform such training functions shall be compensated at a rate one dollar and fifty cents ($1.50) above their normal rate during the period of such assignment. A training guide shall be developed covering the skills and responsibilities which employees in each type of work shall be ta

13、ught. Employees may be directed to participate in cross-training exercises to ensure the availability of adequate personnel with the appropriate skill mix to deal with emergency or peak load situations, or to best serve the Companys overall interests in ensuring regulatory compliance and product qua

14、lity and integrity, and maximizing productivity, efficiency and safety. The determination of the departments in which cross-training will be done and the number of employees in such departments to be given cross-training is a matter committed to the sole and unrestricted discretion of the Company. I

15、f less than all employees in a job classification within a department are to be assigned to participate in cross-training exercises, employees shall be selected for such exercises on the basis of seniority. Employees temporarily assigned to positions, other than the ones they normally occupy, for cr

16、oss-training purposes shall not be deemed to have transferred into such positions. The Company will inform the Union at least two (2) weeks prior to implementation of its plans, and any modifications thereof, for cross-training in any department with bargaining unit employees who will be involved in

17、 the cross-training program. All employees who participate in training, whether as trainers or trainees, shall be required to certify on documentation provided by the Company that such training has been completed. However, it is understood that an employees signature as required by the preceding sen

18、tence does not necessarily signify that the employee certifies or believes that the content of the training was sufficient to qualify the employee receiving the training to perform work of the sort that was the subject of the training.6. MANAGEMENT TRAINEES: Whereas it is the expressed intent of the

19、 Company to train, educate and familiarize supervisors and managers with the Companys total operation, including each phase of the operation, department by department, the Company shall have the right to have management trainees work on any or all jobs, including production jobs included in the barg

20、aining unit, with the following limitations:(a) Management trainees shall not be included in the bargaining unit and shall not be required to join the Union.(b) Management trainees shall not exceed fifteen percent (15%) or ten (10) employees, whichever is the lesser, of the total number of bargainin

21、g unit employees at any given time (i.e., if there are forty (40) bargaining unit employees, there shall not be more than six (6) management trainees). The Company will notify the Union of its decision to employ management trainees pursuant to this Section on or before the commencement date of the e

22、mployment of any such employees.(c) A management trainee shall not perform bargaining unit work for a period in excess of fifteen (15) months on an over-all basis, and not more than four (4) consecutive months in any one department.(d) Although the company identifies with and subscribes to the polic

23、y of promotion from within, and may select employees from the bargaining unit to become management trainees, it is understood that it is within the Companys sole and unrestricted discretion to determine and select employees to become management trainees and may make such selection from any outside s

24、ource.(e) It is not the intent of the Company to substitute management trainees for bargaining unit employees in the performance of bargaining unit work.(f) The Union shall be entitled to meet with the Company every six (6) months to review the Management Trainee Program.7. SUMMER HELP: Employees hi

25、red during the summer vacation period (90 days or less) or during the two-week Christmas period shall be excluded from coverage under the Agreement.8. Coffee will be provided at Company expense in all break rooms utilized by bargaining unit employees.9. Bargaining unit employees shall be supplied by

26、 the Company with uniforms to be worn in performing their work, and the Company shall make arrangements for periodic cleaning of such uniforms at Company expense.10. When bargaining unit employees are required for job-related reasons to travel using their own vehicles between the Companys facilities

27、 at the Northvale, New Jersey location and the Pomona, New York location, they shall be reimbursed by the Company for such travel at the rate of _ cents ($ _) per mile.11. Paychecks for bargaining unit employees shall be issued weekly, and payday shall be on Wednesday.12. Bagels and/or donuts shall

28、be provided for bargaining unit employees required to work overtime on Saturday, unless one or more employees are scheduled to work straight time on that day.13. Bargaining unit employees working the second shift shall not be required to begin mandatory overtime work on Saturdays any sooner than eig

29、ht (8) hours after completion of their final, straight-time shift (which would have begun on the preceding Friday); notwithstanding the foregoing, second shift employees may begin overtime work on Saturdays in less than eight (8) hours after completion of their last preceding straight-time shift if

30、such arrangement is mutually agreeable to the employee and the supervisor responsible for scheduling the overtime work.14. The Company will generally seek to maintain a one-to-one ratio of QA Associates to QA Inspectors in the Quality Assurance Department. Notwithstanding the foregoing, it shall not

31、 be considered a violation of the terms of this Agreement for the Company to have as many as two (2) more QA Associates than QA Inspectors in the Department for a period of up to four (4) months if the Company deems that such an imbalance advances the Companys interests in ensuring regulatory compli

32、ance and product quality and integrity and maximizing productivity, efficiency and safety.15. WORK AND FAMILY COMMITTEE: The Company and the Union recognize that counseling and other forms of assistance may be of value to an employee and his or her family in situations in which personal problems have the potential to interfere with the employees performance of job responsibilities. The Company and Union also recognize that Company policies may have an impact on the lives of employees. The Company and the Union agree that employees