INDEX

 

Paragraph

Apprentice Program.......................112

Arbitration............................41-45

Call-In Pay...............................22

Discharge.................................98

Discipline................................97

Discrimination and Coercion..............5-6

Emergency Layoffs and Transfers........64-65

Extended Layoffs.......................66-87

Funeral/Bereavement Pay...................24

Grievances.............................38-40

Holiday Pay...............................29

Holidays..................................28

Hours...................................7-11

Inventory Shutdown.......................123

Job Classification.....................35-37

Jury Duty and Witness Pay.................25

Labor Agreement............................1

Leave of Absence.......................91-96

Lunch Pay.................................23

Military Difference Pay...................26

Miscellaneous........................115-121

Modification.............................124

Overtime...............................12-19

Promotions & Transfers.................88-90

Purpose of Agreement.......................2

Recognition................................3

Reporting Pay..........................20-21

Seniority..............................55-63

Sickness and Personal Time...............111

Strikes and Lockouts.................113-114

Termination..............................125

Tuition...................................27

Union Activities.......................46-51

Vacations with Pay....................99-110

Voluntary Checkoff........................52

Wages..................................30-34

Wage Increases and COLA..................122

Working Conditions.........................4

 

INDEX

Memorandums of Agreement

Between U.E. Local 1111 and Rockwell Automation, Inc.

 

 

8/1/05 Memo Regarding Testing

4/17/70 Supplemental Worker’s Compensation Payments

6/19/73 Work in Remote or Isolated Areas

12/10/73 Part Time Service - Seniority Question

7/27/82 New Products/Technology

1/29/88 Return to Work Policy - Employees

with Permanent Medical Restrictions

7/16/90 Letter of Understanding H & A

7/16/90 Chemotherapy Treatments

8/1/05 Memorandum of Agreement

8/1/05 Vacation Scheduling

1/15/93 Drug Testing

7/27/93 Memorandum of Agreement Workplace Education

7/28/93 H & A Benefit Renewal

6/11/96 Memo Regarding Paragraphs 2 and 3

7/16/96 H & A - Shift Premium

7/16/96 Retiree Medical Coverage Extension

7/28/96 Memorandum of Agreement Sign on Bonuses

7/30/96 Retiree Schedule AAA - Vacation Carryover

7/30/96 One Month Payment to Surviving Spouse

7/25/02 Health & Accident Insurance for Permanent Part

Time Employees in Department 796

8/1/05 Memorandum of Agreement Regarding Paragraph 80

Maintenance of Rate4

8/1/05 Supplemental Life Insurance

8/1/02 Pro-Rata Health Care Benefits for Part Time

8/1/05 Insurance Premium Payments for Employees Who

Are Not at Work

8/1/02 Pension - Past Service Credit

8/1/05 Memorandum of Agreement Employee Savings and

Investment Plan

8/1/05 Pension Formula (Schedule VV)

8/1/05 Pension Formula (Schedule YY)

8/1/02 Pension Death Benefit

8/1/05 Supplemental Early Retirement Benefit

8/1/05 Basic Life Insurance

8/1/05 Sloan Process

8/1/05 Letter of Understanding - Job Movement

8/1/05 Letter of Understanding - 2/3 Pay for

Certain Employees

8/1/05 Letter of Understanding – Journeymen

who have less than 25 years

8/1/05 Letter of Understanding - Severance

8/1/05 Letter of Understanding - "95 Point" Incentive

8/1/05 Letter of Understanding – Retirement Tip Up

8/1/05 Letter of Understanding Credit Towards Pension

25 Year Employees on Layoff Status

8/1/05 Letter of Understanding Credit Towards Pension

25 Year Employees Who May be Laid Off

8/1/05 Memorandum of Intent

 

LABOR AGREEMENT

1. Agreement made this 1st day of August, 2005 by and between Rockwell Automation, Inc. (formerly Allen-Bradley Company) located at 1201 South Second Street, Milwaukee, Wisconsin, its successors and assigns, (hereinafter called the "Company"), and Local 1111 of the United Electrical, Radio and Machine Workers of America, UE (hereinafter called the "Union").

PURPOSE OF AGREEMENT

2. The purpose of this Agreement is to set forth the terms that shall regulate the relations, wages, hours and conditions of employment between the parties.

RECOGNITION

3. The Company recognizes Local 1111 of the United Electrical, Radio and Machine Workers of America, UE, as the sole collective bargaining representative for all production employees of the Company who are engaged in the manufacture, processing, handling, inspecting, testing, and repairing of the products of the Company, and for all employees engaged in maintenance and service operations, except employees in the Tool Room. All other employees of the Company, including managerial and supervisory employees (a list of the present managerial and supervisory employees being attached hereto), office workers, laboratory workers, guards, and tool and machine designers shall be excepted from this contract.

WORKING CONDITIONS

4. The Company shall continue to provide good working conditions and shall not decrease its efforts to prevent accidents and health hazards. It shall continue to have such things as safety inspections, safety devices and machine guards. It shall also continue to provide plant first aid service.

The Medical Department will provide accessibility to necessary care between 6:30 a.m. and 4:00 p.m.

(a) All mandatory services that go beyond the normal starting and stopping times will be paid at the appropriate overtime rate.

(b) Co-pay for flu shots will be $3.00 per employee.

(c) $0.25 for meds (medical dispensing machine).

(d) Twice annually the Company shall pay employees $90.00 towards the purchase of safety shoes, who work in areas that are designated mandatory safety shoe areas. Employees who do not work in areas designated mandatory safety shoe areas will be paid $90.00 once per year toward the purchase of safety shoes. Effective 10/1/07, twice annually the Company shall pay employees $100.00 towards the purchase of safety shoes, who work in areas that are designated mandatory safety shoe areas. Employees who do not work in areas designated mandatory safety shoe areas will be paid $100.00 once per year toward the purchase of safety shoes.

(e) The Company will provide the Union with a duplicate of its Book of Material Safety Data Sheets and will provide necessary future information to keep the book current.

    DISCRIMINATION AND COERCION

5. There shall be no discrimination by managerial or supervisory employees or other agents of the Company against any employee because of the employee's membership in the Union. The Company and also the Union and its members recognize and agree that every employee is bound by the terms of their employment to work peacefully and cooperatively with every other employee, and that there shall be no discrimination against any employee because of the employee's membership or non-membership in the Union.

     

6. It is hereby agreed between the parties that neither the Company, the Union or the employees will discriminate against any employee or applicant for employment in the bargaining unit because of race, color, religion, sex, age, handicap or national origin. Disputes involving employees in the bargaining unit are subject to the grievance procedure. Questions involving an applicant for employment in the bargaining unit are to be handled under Steps 2 and 3 of the grievance procedure, but not to arbitration, and if not resolved, may be submitted to the appropriate government agency. The Company will make available relevant employment records only to that agency.

 

    HOURS

7. The normal working schedule for employees shall be forty (40) hours per week, eight (8) hours per day, five (5) days per week from Monday to Friday inclusive. Any increases in the working schedule shall be made by the Company scheduling additional daily or Saturday hours. Further increases in the working schedule will be made by the Company scheduling Sunday work and dividing the Sunday work among qualified employees. Where an additional increase in the working schedule is required, it will be made by the Company scheduling employees seven (7) days per week, if authorization can be obtained from the Department of Industry, Labor and Human Relations. The Company and the Union will cooperate in obtaining such authorization. After eight (8) weeks of scheduling employees on a seven (7) day per week basis, the Company may establish continuous duty schedules on a voluntary basis. The continuous duty schedule shall be discontinued when there is no longer a business requirement for such operation.

 

8.`(a) Each shift shall have a specific starting and stopping time. The ```starting times are as follows: 7:00 a.m., 3:00 p.m., 3:30 p.m., and 11:00 ```p.m. The stopping times are as follows: 3:00 p.m., 3:30 p.m., 11:00 p.m., ```11:30 p.m. and 7:00 a.m. Employees starting at 7:00 a.m. and stopping at ```3:30 p.m. will have one half (1/2) hour off time for lunch. The normal ```workweek for the Third Shift will begin at 11:00 p.m. on Sunday and end ```at 7:00 a.m. on Friday.

(b) In addition to the starting and stopping times listed above, operations in the Cafeteria may have starting times of 5:00 a.m., 6:00 a.m. and 11:00 a.m. and stopping times of 1:30 p.m., 2:00 p.m. and 7:00 p.m.

(c) In addition to the starting and stopping times listed above, operations in the Shipping Department may have starting times of 5:00 a.m., 6:00 a.m., and 9:00 a.m., and stopping times of 1:30 p.m., 2:30 p.m., and 5:30 p.m. Employees starting at 5:00 a.m., 6:00 a.m., or 9:00 a.m., and stopping at 1:30 p.m., 2:30 p.m., or 5:30 p.m., will have one half (1/2) hour off time for lunch.

9. Additions to or deletions from the list of starting and stopping times shown in paragraph 8 shall be mutually determined by the Company and the Union, except in the case an agreement is not reached within two (2) weeks of the beginning of discussions, the matter may be carried through arbitration for a decision as to whether such addition or deletion is necessary and reasonable. However, such changes shall not be placed in effect until a decision has been rendered by the Arbitrator. Additions to or deletions from the list shall be announced by Friday of one (1) week to become effective Monday next, and shall remain in effect for at least one (1) full calendar week.

10. Lunch periods, when provided shall be scheduled between these hours:

1st Shift: 10:40 A.M. 12:30 P.M.

2nd Shift: 6:00 P.M. 7:30 P.M.

3rd Shift: 1:30 A.M. 3:00 A.M.

Except for emergencies, changes in the employee's lunch period shall be announced by Friday of one (1) week to become effective Monday next, and shall remain in effect for at least one (1) full calendar week. Overtime will not be paid for time worked during the lunch period as such.

11. When all or part of the plant is operating on a reduced work schedule, as provided in paragraphs 66 and 67, those departments operating on a reduced schedule and on a twenty-four (24) hours, three (3) shift basis will operate each shift on alternate schedules of four (4) days, thirty-two (32) hours per week and five (5) days, forty (40) hours per week.

OVERTIME

12. All work performed in excess of eight (8) hours in any single day or in excess of forty (40) hours in any given week, or performed before the scheduled starting time or after the scheduled stopping time, exclusive of lunch periods, and all work performed on Saturdays shall be paid for at the rate of time and one half (1-1/2) except as otherwise provided herein.

13. All work performed on Sunday and all work in excess of twelve (12) consecutive hours in any single day shall be paid for at the rate of double time. For employees on the third shift, Sunday shall be those hours between 3:00 p.m. on Saturday and 3:00 p.m. on Sunday.

14. Employees working nights and required to work part of their regular weekly work schedule on Saturdays, Sundays, or holidays shall not be entitled to overtime for such work unless it exceeds forty (40) hours per week.

15. The computation of overtime pay shall be based on straight time hourly earned rate which includes night shift differential.

16. Continuous duty operations are those which operate seven (7) days per week, twenty-four (24) hours per day, and the employee's normal schedule includes Saturday and Sunday work.

17. Overtime shall not be pyramided.

18. Any employee working overtime on any one (1) day shall not be given time off to offset this overtime, except that an employee who works on Saturday to receive overtime and is absent on week days unnecessarily, need not be permitted to work on Saturdays.

19. When all or part of the plant is operating on a reduced weekly work schedule as provided in paragraphs 66 and 67, the Company may operate one (1) or more departments or job groups, for one (1) week or more, on the normal schedule as provided for in paragraphs 7 and 8 without paying overtime for exceeding the reduced work week as such or exceeding the reduced work day as such, nor for starting before or stopping after the reduced schedule for other departments. Provided, however, there are no employees on the laid off list capable of performing the available work or it is necessary to operate equipment longer hours.

REPORTING PAY

20. Employees who report for work on their regular shift shall be guaranteed at least four (4) hours work or four (4) hours pay at their straight time hourly earned rate unless such employees are notified, before or during the previous day, not to report. This provision shall not apply if work is suspended due to conditions beyond the Company's control, such as floods, fires, emergencies, power breakdowns, etc.

21. Employees who are asked to work weekend overtime shall be guaranteed at least four (4) hours work or four (4) hours pay at their appropriate overtime rate unless such employees are notified not to report to work prior to the end of their immediately preceding work shift.

This provision shall not apply if work is suspended due to conditions beyond the Company's control such as floods, fires, emergencies, power breakdowns, etc.

CALL-IN PAY

22. Employees called in for emergency work outside their regular shift will be paid at overtime rates for the time worked or four (4) hours pay at overtime rates, whichever is greater, for each time they report to a call. If a lunch period intervenes, the employees will be paid for such lunch period. An employee who continues to work through the employee's normal shift shall only be entitled to overtime pay for hours worked outside the employee's regular shift.

LUNCH PAY

23. If it is necessary for employees to work more than ten (10) consecutive hours in a single day, a second lunch period of eighteen (18) minutes will be provided which will be considered the same, and paid for, as time worked. In addition, the Company will provide a lunch coupon worth six dollars ($6.00) redeemable in full at the Cafeteria, or for six dollars ($6.00) cash if the Company cannot provide a lunch.

FUNERAL / BEREAVEMENT PAY

24. When a death occurs in the immediate family of an employee with seniority, the employee will, on request to the employee's manager, be granted time off with pay as is necessary, to arrange for and attend the funeral. Such employee shall be paid for their regularly scheduled hours, not to exceed eight (8) hours per day at their straight time hourly earned rate for time lost from work.

In the event of the death of the employee's spouse, child, stepchild, fosterchild, grandchild, mother, father, stepmother, stepfather, brother, sister, legal guardian or foster parent, mother-in-law or father-in-law, brother-in-law, sister-in-law, grandmother, grandfather or grandparents-in-law, son-in-law or daughter-in-law, the employee shall be granted up to a maximum of three (3) consecutive working days (Monday through Friday) ending with the day of the funeral. If extenuating circumstances warrant, the three (3) days can be non-consecutive with the agreement of Labor Relations.

In those cases where travel time due to distance is necessary, the Company will allow the days off to be used after the day of the funeral.

Should one of the above deaths occur while an employee is on vacation, the employee will be paid what the employee is entitled to under the Funeral / Bereavement Paragraph provisions and the time will not be counted as vacation.

JURY DUTY & WITNESS PAY

25.(a) An employee serving on jury duty will be paid the employee's regular ```wages, with the understanding that the employee's regular wage is not to ```exceed eight (8) hours per day, and that time spent on jury duty is not ```to count as time worked for purpose of computing overtime. Each employee ```is to provide suitable evidence of jury duty fees received to be eligible ```for jury duty pay. If the employee (first, second or third shift) is ```released from court before 11:00 a.m., the employee is to report for ```whatever work the Company makes available.

(b) Witness pay will be paid on the same basis as jury duty pay provided the employee is subpoenaed as a witness in a criminal action.

MILITARY DIFFERENCE PAY

26. Employees with seniority enrolled in the Armed Forces, Coast Guard Reserve and National Guard Reserves, who are called for reserve duty such as two (2) weeks encampment, riot duty or civil disorders will be reimbursed for their wage loss during such periods, but not to exceed two (2) weeks in any contract year, based upon an eight (8) hour day.

Employees with seniority enrolled in the Armed Forces, Coast Guard Reserve and National Guard Reserves, who are mobilized for war/peacekeeping/declared emergency will be paid the difference between the amount received monthly from the military (base pay including allowances for rations/subsistence and quarters) and the employee's regular monthly wages based upon five (5) days per week, eight (8) hours per day for the duration of the deployment. Additionally, hazardous duty, flight and/or combat pay will not affect the reimbursement.

Employees are required to furnish the Company a copy of the mobilization orders from the military authorities. Additionally, the employee must submit a copy of the military pay stub to Payroll so that the pay adjustment can be made.

Wage loss shall be the difference between their regular wages for a regular work schedule without overtime hours and the compensation they receive for time spent on such duty.

Pay differential will not be applicable for optional military training. During the mobilization period, an employee already covered under the Company's group health, dental, vision, life and supplemental life insurance plans may continue coverage, including dependent coverage where applicable, on the same terms and conditions as existed prior to his or her leave. The Company will continue to contribute its portion of the premium(s) payment during the leave of absence, and the employee is required to pay his or her portion of the monthly premiums as required by the Company. An individual who discontinues his or her insurance(s) and returns to employment is able to immediately participate in any plan that is available to other similarly situated employees at that location.

TUITION

27. For employees with seniority the Company will refund one hundred percent (100%) of the cost of tuition and books up to $1500.00 per calendar year to those who successfully (by achieving a grade of "C" or better) complete a training course at a recognized educational institution in the greater Milwaukee area which relates to maintaining or improving their skill in performing their job or specifically contributes to their career development within the Company or relates to specific skills that can be applied on the job at the present or to qualify them for higher level jobs.

The courses must be approved by the employee's Manager.

HOLIDAYS

28. The following days shall constitute the regular holidays for this Agreement:

New Year's Day

Memorial Day

Thanksgiving Day

Day after Thanksgiving Day

Independence Day

Labor Day

Day before Christmas Day

Christmas Day

Employee's Birthday, Day before New Year's Day

Employee's Employment(Anniversary Day)

The Company and the Union shall mutually determine on or before October 15, 2005 for the following Five (5) calendar years one (1) additional holiday per year. In the event no agreement is reached, Good Friday shall be the additional holiday for said year. Also by October 15th the Company and the Union shall mutually determine the days on which third shift employees will observe their holidays. Other holidays may be granted as are mutually determined by the Company and the Union. Whenever any of said days, except the day before Christmas Day, the day before New Year's Day falls on Sunday, the succeeding Monday shall be the holiday.

The employee's employment anniversary date (defined as the date of hire for the current period of employment) and the employee's birthday will be treated as floating holidays. The day to be observed must be scheduled and approved with the Manager.

HOLIDAY PAY

29. When an agreed holiday as specified in paragraph 28 occurs, employees (except those hired for temporary or summer work) shall be paid for such holiday. An employee shall be paid such holiday pay at the employee's straight time hourly earned rate for the employee's regularly scheduled hours, not to exceed eight (8) hours per day. Such holiday pay shall be paid only to employees who have worked at some time in the calendar week in which the holiday is observed. Time spent on a paid vacation, or paid sickness and personal time (per paragraph 111), or on jury duty, or at two week summer encampment for military reservists, or on paid funeral absence, shall be considered as time worked. Employees on sick leave or on the laid off list who return to work at any time during the week in which the holiday is observed, shall be paid holiday pay. Employees hired during a week in which a holiday is observed shall only be eligible for holiday pay when the holiday occurs after their date of employment. When an employee works on an agreed holiday the employee shall be paid at the rate of double time for time worked and in addition the employee shall be paid holiday pay at the employee's straight time hourly earned rate for the employee's regularly scheduled hours, not to exceed eight (8) hours. Employees on continuous duty schedules who work on an agreed holiday will have the option of taking either the holiday pay or an additional day of vacation.

When an agreed holiday falls on one of the regularly scheduled work days during an employee's paid vacation the employee shall be paid holiday pay for such day and it shall not be counted as a day of the employee's vacation and the employee shall take an additional day of vacation to offset the holiday.

When an agreed holiday occurs on Saturday or when the day before Christmas Day and the day before New Year's Day occur on Saturday or Sunday, employees eligible for holiday pay will be granted an additional day of vacation but will not be paid for the holiday as such. The additional day of vacation must be taken during the vacation year in which the holiday falls and in accordance with the provisions of paragraph 109. Those employees who work on a holiday which falls on a Saturday or Sunday will be paid at the rate of double time for time worked and in addition they shall have the option of either being paid holiday pay at their straight time hourly earned rate for their regularly scheduled hours, not to exceed eight (8) hours, or receiving an additional day of vacation.

WAGES

30. Each employee has a job with a job classification. The rate for such classification is the "rate" to be used in determining wages of the employee.

31. Employees who are hired into the job classifications listed below on or after August 4, 1996 will start at a rate of pay equal to sixty percent (60%) of the rate of that job on the date of hire. The employee's rate of pay will be increased quarterly in accordance with the schedule below so that in four (4) years they will achieve one hundred percent (100%) of the rate for that job.

Classifications Affected

6570 Assembler / Machine Operator

6810 Utility and Service Attendant

6855 Kitchen and General Helper

6915 Cafeteria Attendant

 

Rate Schedule

Work Period

 

Date of Hire.........................................% of Rate

Completed one (1) quarter of employment................62.5

Completed two (2) quarters of employment...............65.0

Completed three (3) quarters of employment.............67.5

Completed four (4) quarters of employment..............70.0

Completed five (5) quarters of employment..............72.5

Completed six (6) quarters of employment...............75.0

Completed seven (7) quarters of employment.............77.5

Completed eight (8) quarters of employment.............80.0

Completed nine (9) quarters of employment..............82.5

Completed ten (10) quarters of employment..............85.0

Completed eleven (11) quarters of employment...........87.5

Completed twelve (12) quarters of employment...........90.0

Completed thirteen (13) quarters of employment.........92.5

Completed fourteen (14) quarters of employment.........95.0

Completed fifteen (15) quarters of employment..........97.5

Completed sixteen (16) quarters of employment.........100.0

32. All wages due shall be payable by check or direct deposit as chosen by the employee with the check or check advice to be mailed by Wednesday morning to the employees' address of record for work done up to and including the previous Saturday. It is understood that when equipment malfunctions, holidays, or other conditions beyond the Company's control make it impractical to meet this requirement, the Company will issue the checks as soon as possible.

33. The checks and check advice shall show the employee's "rate" and "straight time hourly earned rate" and shall be itemized as to the amount received for "actual time" and "excess overtime". The checks and check advice shall also show the amount deducted for "Union dues" and other "deductions". Social Security numbers shall not be listed on checks or check advice.

34. Employees assigned to the second shift shall receive an additional six percent (6%) of their total earnings and employees assigned to the third shift shall receive an additional nine percent (9%) of their total earnings. A shift shall be defined as a second shift when the majority of its hours fall between 3:00 p.m. and 11:00 p.m. and shall be defined as a third shift when the majority of its hours fall between 11:00 p.m. and 7:00 a.m.

JOB CLASSIFICATION

35. The job classification book is an addendum to this Agreement. It includes a general description and rate range for all present jobs governed by this Agreement. It is intended solely and exclusively to be used for the purpose of determining the job of each employee and in no way to limit the Company in the assignment of duties to any employee. Such assignment of duties shall not conflict with other provisions of this Agreement.

It is understood that all Job Descriptions in the Job Classification Book, addendum to this Agreement, should include the following sentence. Conducts tasks in accordance with applicable health, safety, quality and environmental regulations (state/federal laws, ISO9001, ISO14001, etc.) as well as Rockwell/Rockwell Automation health, safety, quality, and environmental policies and procedures. This sentence will be added to future job descriptions that are negotiated or revised as per the labor agreement.

36. When new jobs arise during the term of the Agreement, the Company will establish a description and rate range, consistent with present rates, for each new job. Any such description and rate range set by the Company may be a grievance. A new job is created when the Company assigns an employee, as the employee's normal work, duties which are substantially different from presently described jobs in skill, responsibility, or working conditions. The Company may create new jobs by making any change in the content of a present job either by adding to or deleting duties therefrom; or by the addition of duties which may have been performed by other classifications or in other departments; or by the establishment of new departments; or by the combination of duties which may have been performed by other classifications or in other departments; or by the establishment of new duties by either the introduction of new machinery or by the introduction of new or changed methods of operation.

37. Each employee governed by this Agreement is assigned a job consistent with the employee's normal work. Such assignment shall not prevent the temporary use of the employee on other jobs for a reasonable time, to take care of fluctuations in production, to fill in for employees on vacation, and to fill in for other absent employees.

The Company and Union agree that when an employee is loaned back to their home department for more than three months that position will be filled through a permanent recall to that department in accordance with the Labor Agreement.

GRIEVANCES

38. All differences and disputes shall be addressed with the supervisor by the employee, or by the employee's department steward, or by both, as the employee elects. Any grievance that may arise shall be taken up in the following steps:

STEP 1 - MANAGER - Grievances shall initially be taken up for settlement with the manager by the employee, or by the employee's department steward, or by both, as the employee elects.

STEP 2 - LABOR RELATIONS - If the grievance is not resolved at the manager's level, the employee or any member of the Union Bargaining-Grievance Committee may then take up the grievance with Labor Relations.

STEP 3 - COMPANY GRIEVANCE COMMITTEE - If the grievance is not resolved by Labor Relations, the grievance may be referred to the Company Grievance Committee by the Union Bargaining - Grievance Committee. All grievances shall be answered within three (3) working days after presentation to the Company Grievance Committee.

39. The term "grievance" shall not include any controversy as to general wage matters but may include grievances as to the classification of an employee.

40. A grievance concerning distribution of overtime within a department will be discussed between the Company and the Union through the first three steps of the grievance procedure but shall not be subject to arbitration.

ARBITRATION

41. In the event of the failure of the Union and the Company to settle a grievance as above provided, and if the grievance is based upon the interpretation of, or compliance with, this Agreement, the grievance may be taken to arbitration. If a controversy arises as to whether or not the grievance is based upon the interpretation of, or compliance with, this Agreement, such controversy shall be decided by the Arbitrator. If the Arbitrator decides that the grievance is not within the Arbitrator's jurisdiction because it is not based upon the interpretation of, or compliance with, this Agreement, the Arbitrator shall return the grievance to the parties without comment.

42. When either party elects to take a grievance, as above provided in paragraph 41, to arbitration, such party shall give written notice to the other party. The written notice shall also explain the grievance, the issues involved under the terms of this Agreement, and specify the provision of the Agreement on which the grievance is based.

43. The Federal Mediation and Conciliation Service (FMCS) shall provide an American Arbitration Association (AAA) member panel of Arbitrators from which the parties shall select an Arbitrator. In the event that the parties are unable to agree on an Arbitrator, the FMCS shall be requested to designate an Arbitrator from members of the AAA. The expense of employing an Arbitrator and a court reporter, if one is used, shall be shared equally by the Company and the Union.

44. The jurisdiction of the Arbitrator shall be limited to interpreting this Agreement in case of disputes as to the meaning of this Agreement or as to claims of violation of this Agreement, and the Arbitrator has no authority to add to or change the Agreement in any manner. The duties and jurisdiction of the Arbitrator are fixed and limited by this Agreement and the Arbitrator shall have no power to enlarge such jurisdiction except by mutual consent of the two parties to the Agreement.

45. The decision of the Arbitrator shall be final and binding on both parties, provided the Arbitrator has not exceeded jurisdiction as fixed and limited herein.

UNION ACTIVITIES

46. The Union Bargaining-Grievance Committee shall be not less than two (2) nor more than seven (7) employees designated by the Union to administer the terms of the Labor Agreement during the life of the Agreement and to negotiate with the Company for a new Labor Agreement.

47. The Union may appoint employees as alternates for stewards or for members of the Union Bargaining-Grievance Committee who shall have the power to serve only in the absence of the regular person. The Union shall furnish the Company an up-to-date list of all officers, Bargaining-Grievance Committee members, and stewards and keep the list up to date.

The Union Bargaining Committee will be afforded time off without pay to attend regular scheduled bargaining meetings with the Company.

48. Union officials, stewards and/or committee members may take time off from their regularly scheduled work for Union business outside of the plant upon advance notification to their manager. Permission to leave for such Union business will not be refused unless it would interfere with plant operation because of work load or available manpower. If a question arises regarding such a refusal to grant time off, the Union and the Company will endeavor to work this out in a reasonable manner. Time off pursuant to this paragraph will not be paid for by the Company, but will be handled by the present payroll practice.

49. When a grievance reaches the state of discussion between the Union Bargaining-Grievance Committee and the Company Grievance Committee, the Union shall have the right, upon prior notice to the Company, to call in one (1) or more International Representatives.

50. The Company will pay for all time spent attending Step 3 grievance meetings outside the plant during regular working hours, and all time spent in handling grievances within the plant during regular working hours, including time spent by committee members in visiting departments other than their own for the purpose of investigating grievances at all reasonable times, after notice to and permission from the manager of the department they leave and the manager of the department they enter; except, if in the judgment of the Company this privilege is abused, the Company will not be required to pay for such time spent in handling grievances. Signatures will not be required on the forms for 1111(a) and 1111(g).

51. There may be at least one (1) steward for each department on each shift. In the event there are more than seventy-five (75)employees in a department on a shift, there may be one steward for each seventy-five (75) employees and one (1) additional steward for any fraction thereof.

VOLUNTARY CHECKOFF

52. Section 1. For employees with seniority, the Company shall deduct the employee's Union dues, including initiation fee, upon receipt of a written authorization for such deductions from the individual employee. Such deductions shall be promptly remitted by the Company to the Secretary-Treasurer of UE Local 1111.

Section 2. Subject to applicable law, the check-off authorization of any employee shall be revocable by the employee in accordance with the provisions of the authorization form set forth below.

Section 3. The written authorization referred to in the previous paragraph shall be a card in the following form:

Voluntary Check-Off Authorization

TO ROCKWELL AUTOMATION, INC.

Effective Date ____________________

I do hereby assign to Local 1111, United Electrical, Radio & Machine Workers of America (UE) from my wages earned, or to be earned by me as your employee, an amount equal to U.E. Local 1111 membership dues, and such initiation fees, if payable, and to promptly remit same to Local 1111, United Electrical, Radio & Machine Workers of America (UE).

I hereby authorize and direct you to deduct such amounts as may be due by virtue of this assignment. Such deductions will be made on a weekly basis.

This assignment and authorization shall remain in effect until revoked by me and shall be irrevocable for a period of one year from the date hereof or until the termination of the collective bargaining agreement between the Company and the Union, whichever occurs sooner; and I agree and direct that this authorization shall be automatically renewed, irrevocable for successive annual periods of one year, unless written notice of its revocation is mailed by me to U. E. Local 1111, 939 South Second Street, Milwaukee, Wisconsin 53204 by regular mail, not more than ten (10) days prior to the expiration of each term of one year or prior to the termination of the applicable collective bargaining agreement between the Company and the Union, whichever occurs sooner. Such notices of revocation shall become effective for the month following the month in which such written notice was received by the Company.

Employee's Signature_______________Seniority Date______________

Department _______ Clock Number_______

Date_________ Shift______ Initiation Fee Yes _______ No_______

This form must be submitted to Labor Relations on or before the Tuesday for the beginning of the pay period.

53. Upon request of the Union, the Company shall grant to employees who are Union members, four (4) year's leave of absence without pay for the purpose of conducting Union business; provided, however, that in no event shall the number of employees granted such leave of absence at any one time exceed two (2) Union members. Upon completion of the leave of absence, such employees shall be reinstated with full retention of their seniority rights, to their former position or similar position at the going rate at the time of their return. If, at the expiration of the four (4) year leave of absence, employees on such leave of absence are engaged in Union activities which would suffer by the abrupt termination of such Union functions, an additional extension will be permitted by the Company. Seniority credit will be granted for extensions not to exceed two (2) additional years beyond the initial four (4) year leave of absence. Employees performing clerical work in the local Union office will not be counted against the limitation of two (2) Union members on Union leave at any one time.

54. All employees shall refrain from participation in Union matters during working hours, except as provided in this Agreement.

SENIORITY

55. Seniority as used in this Agreement means the relative position of employees as listed on the seniority list, which is an addendum to this Agreement. Such seniority list has provided for all past adjustments, and one's position on the list is determined by a seniority date which is the month, day and year from which the amount of seniority is calculated.

56. New employees shall be considered as probationary employees until they have served three (3) months continuous employment with the Company. Probationary employees do not have seniority during the three (3) months probationary period except relative to other probationary employees. At the expiration of the probationary period, such new employees shall acquire seniority from the date of hire. After one (1) month of employment, probationary employees may use the first three (3) steps of the grievance procedure except for grievances arising from transfers, discipline or discharge. Grievances involving probationary employees are not to go to arbitration. After one (1) month of employment, probationary employees shall be eligible for hospital and medical care insurance.

57. Hiring date means the first day worked, and for the night shifts, such day means the day ordinarily designated for the shift.

58. Part-time employees shall not acquire or accumulate seniority. For purposes of layoff the hire date would be used as the seniority date. A part-time employee is one who regularly works less time than the then current weekly work schedule of the employee's department, unless restricted by law or physical reasons from working such weekly work schedule.

During a period of layoff, full time employees who convert to part time status to avoid a layoff shall continue to acquire seniority for all time worked, provided, they return to full time status as soon as their seniority permits.

59. Employees hired for temporary or summer work do not acquire seniority unless they remain with the Company on a full-time basis. In such event, seniority shall start with their hiring date. Such employees may be dismissed at the end of the summer season even though they have been with the Company more than three (3) months.

60. The Company will keep seniority records and furnish a copy of the employee seniority list to the Union. This list will be provided bi-annually by February 1 and August 1 of each Contract year. The list will include clock number, name, hire date, birth date, job code, department, shift and base rate of pay. The Company will furnish the Union a record showing new employees, terminations, details on transfers, layoffs, and changes in the seniority list. The Company will post seniority lists in each department.

61. An employee ceases to have seniority and is removed from the seniority list if the employee quits, is discharged for cause, has been laid off for a period longer than the employee's seniority at the time of layoff, or does not return to work, when on layoff, within five (5) days after notice to return to work has been given the employee. Employees hired after 8-1-90 who are laid off with four (4) years or less of seniority shall have recall rights from layoff for a period of time equal to one hundred percent (100%) of the employee's seniority at the time of layoff. Those employees hired after 8-1-90 and who have four (4) years or more seniority shall have recall rights from layoff for a period of four (4) years or fifty percent (50%) of the employee's seniority at the time of layoff, whichever is greater. When an employee on layoff is recalled back to work and such employee is employed elsewhere and the employee so reports within five (5) days, the employee shall be given a reasonable time to terminate such employment and return to work, but such time shall not exceed thirty (30) days. If an employee because of sickness is unable to report for work within the five (5) day period, the employee may request a sick leave in accordance with the provisions of paragraph 93 provided the employee does so within the five (5) day period. An employee has the right to bypass any temporary recall.

62. Notice sent to an employee by registered mail to the employee's last known address shall constitute notice under this Agreement. When an employee's address or telephone number is changed, the employee shall notify the Employment Department of such change. If an employee fails to contact the Employment Department within thirty (30) days after the return of the registered letter, such employee's name shall be removed from the seniority list and notification be given to the Union.

63. When employees, including managerial and supervisory employees, are transferred to operations covered by this Agreement they shall be placed on the seniority list according to their seniority date as listed on the established Company seniority list. Employees who are transferred to operations covered by this Agreement but transferred from operations covered by this Agreement after 8/1/99, for purposes of promotions, transfers, downgrading, or layoff shall have their seniority adjusted to reflect only the time previously spent in the Bargaining Unit. Employees selected after August 1, 2002 for positions outside the bargaining unit of representation will not continue to have recall rights to the bargaining unit after being out of the bargaining unit for six (6) months. If such transferred employees have never previously been on operations covered by this Agreement, then, for purposes of promotion, transfer, downgrading, or layoff, their seniority date shall be the date on which they are transferred to such operations. No employees will be transferred to operations covered by this Agreement in departments from which there are employees transferred out of the department because of a shortage of work.

Employees who return to operations covered by this agreement shall receive maintenance of rate at 100% of current pay for 12 weeks, thereafter going to 90% of their current pay or the rate of the job, whichever is higher. Such employees will return to their home department if such department still exists and a job is available; otherwise employee will return to job available.

The Company and the Union agree that those employees who return to the Bargaining Unit under the provisions of the Labor Agreement to departments other than their home department, will be recalled to their home department in line of seniority. They will be treated the same as other employees who are slackwork transferred out of the department and will be recalled according to their seniority under the provisions of the Labor Agreement.

 

EMERGENCY LAYOFFS AND TRANSFERS

64. It is the policy of the Company to provide steady work for employees. When there is an interruption in the schedule of work and such interruption only necessitates temporary transfers of employees to other jobs, the Company will reassign the affected employees to other available work. Employees assigned temporarily to other work will continue to receive their straight time hourly earned rate of pay during the period of such temporary assignment. This will not preclude the Company from changing an employee's rate when such employee is transferred to another job according to other provisions of this Agreement or when such employee is reclassified to a different job.

65. When an interruption in the work schedule involves a large group of employees and necessitates layoffs, as well as transfers, such employees will be laid off and transferred on a temporary basis following seniority within the group of employees involved. In the event of such temporary layoff of employees, the Company will promptly confer with the Union regarding the need and extent of such layoffs and the advisability of proceeding under the provisions of this Agreement relating to extended layoffs. In the event the Union decides that the layoff should be on a plant-wide basis, the Company shall proceed with the laying off and transferring of employees on a plant-wide basis as provided in this Agreement.

EXTENDED LAYOFFS

66. When it becomes apparent to the Company that it will be necessary to have an extended layoff of employees on the seniority list or reduce working hours, it shall so notify the Union. The Union shall have ten (10) days in which to decide and notify the Company whether to lay off employees on the seniority list or reduce hours to thirty-five (35) hours per week, subject to the provisions of paragraphs 11 and 19. If the Union fails to advise the Company, hours shall not be reduced below the normal work hours.

The Company and the Union agree that we will discuss the feasibility and advantages of the voluntary layoff system during periods of slack work. The timing of the layoff, of the numbers involved, and the anticipated duration of the layoff, are all factors that need to be evaluated before a decision is made. The Company and the Union will meet and discuss the options available to us to meet the needs of both the employees and the Company. This will be consistent with past circumstances where we have discussed and agreed to a voluntary layoff system depending upon the circumstances.

67. If the Union decides not to reduce hours at the time when layoffs from the seniority list are first necessary, but later on decides that it desires to reduce hours, it may so notify the Company in writing and the Company shall within one (1) month, reduce to thirty-five (35) hours per week, subject to the provisions of paragraphs 11 and 19.

68. Employees shall be given seventy-two (72) hours written notice of extended layoffs.

69. When an employee is downgraded, but is not transferred out of the department, the employee shall be placed on the next lower job classification previously held by the employee in that department on the same shift that the employee is on at the time of downgrading, provided the employee does not displace employees of higher seniority and the employee is capable of performing the work according to the existing standards. If an employee has not held any other job classification, the employee will be placed on the available job after the previous adjustments are made.

After these adjustments, employees will be assigned to the other shifts. When an employee is displaced from the employee's job to make room for a qualified employee of higher seniority who has been downgraded or transferred, such displaced employee shall generally be the employee of least seniority holding the job classification in the department, the exception being the retention of sufficient employees qualified to do the job. If this downgrading procedure would result in the employee receiving a red circle rate under the provisions of paragraph 80, then the employee may be assigned to any work having a rate equal to or less than the employee's red circle rate, provided the employee does not displace an employee of higher seniority. This shall not, however, prevent the Company from using employees on a temporary basis for a reasonable time, as provided for in paragraph 37.

70. When work is short in a department, temporary, part-time, and probationary employees are to be transferred out of the department or laid off before transferring employees with seniority, except that any temporary, part-time, or probationary employee may be retained on their job if no other employee in the department is capable and willing to do such job.

71. When an employee with seniority is subject to layoff as a part-time employee, such employee shall have a choice of working full time or of being laid off.

72. When work is short in a department and it is necessary to transfer employees to departments where work is available, employees will be transferred according to their seniority. Any employee may be retained on their job if no other employee on that seniority list in the department is capable and willing to do such job.

73. When work is short in the plant, the Company shall terminate the employment of temporary, part-time, and probationary employees in the bargaining unit, after which employees with seniority may be laid off, except that any temporary, part-time, or probationary employee may be retained on their job if no other employee being considered for layoff or transfer due to shortage of work is capable and willing to do such job. Such retained employee shall be designated as a "retained employee" and the employee's name shall be placed on a "retained list".

When work is short in the plant permanent part-time employees in the Cafeteria at the time of transfer or layoff may be retained on their part-time job in the Cafeteria as if they had seniority from their date of hire. If work is short in the Cafeteria and such part-time employees must be laid off they shall accumulate seniority during such layoff as if they had seniority from their date of hire. For the purpose of scheduling vacations permanent part-time employees in the Cafeteria shall be considered to have seniority from their date of hire.

Full time employees who have worked as permanent part time Cafeteria employees since their last hire date may use their hire date as a seniority date for the purpose of transferring to permanent part time Cafeteria work.

Example: Hired (796)..........Part Time 6/1/70

Transferred (796)....Full Time 6/1/78

Layoff Pending.................6/1/80

 

Full Time Seniority = 2 Years

Permanent Part Time Seniority = 10 Years

74. When it is necessary to layoff employees with seniority, those employees with the least plant seniority will be laid off except that any employee in line for layoff may be retained on their job if no employee of higher seniority being considered for layoff or transfer due to shortage of work is capable and willing to do such job. Such retained employee's name shall be placed on the "retained list".

Skilled trade employees who are graduates of State of Wisconsin Certified Allen-Bradley Apprenticeship Training Programs or current Indentured Apprentices and who are no longer eligible for retention from layoff under the "retained employee" provisions of Paragraphs 74 or 77 of the Labor Agreement, may be re-assigned to "available" jobs in the plant and be retained for a period of up to eighteen (18) months from the date of assignment or the Company may elect to allow indentured apprentices to complete their program. Skilled trade employees whose trade is not offered as an indentured apprenticeship at Allen-Bradley, such as Carpenter, may be retained for a period of up to nine (9) months. Retention under this Agreement shall not count against the "ten percent (10%)" provision of Paragraph 77.

75. When it is necessary to transfer employees, due to a shortage of work, employees who are to be transferred from departments that are short of work will be given a choice, according to seniority, of available jobs if such employees have the required skill and ability and it is reasonably practical to do so. Otherwise such employees will be placed on available jobs taking into consideration seniority, skill and ability, rate of pay and shift. "Available jobs" are jobs that need to be filled after employees of least plant seniority have been laid off and adjustments have been made within each department, and those jobs held by "retained employees". However, if the transfer would result in the employee receiving a red circle rate under the provisions of paragraph 80, then the employee may be assigned to any work having a rate equal to or less than the employee's red circle rate, provided the employee does not displace an employee of higher seniority. This shall not, however, prevent the Company from using employees on a temporary basis for a reasonable time, as provided for in paragraph 37. If an employee is not capable of doing any of the available jobs according to the existing standards of the department, then such employee may be laid off.

76. Whenever work groups develop in which it would be impractical to transfer or lay off according to seniority, the Company will notify the Union of such situations. Thirty (30) days or more after such notification to the Union the Company shall only be required to transfer or lay off by seniority ten percent (10%) of any such designated work group during the first and second month of such transfer or layoff. During the third month, the Company will transfer or lay off at least fifteen percent (15%) of the number originally in the work group. During each succeeding month the Company will transfer or lay off twenty percent (20%) until all deviations from seniority have been eliminated, except that an employee may be retained on the employee's job if no other employee is capable and willing to do such job.

77. The Company shall have the right without regard to their seniority rating to retain or to call back to work after layoff, a limited number of employees who are clearly of unusual or special ability or talent exceeding that of employees of greater seniority. This number shall be limited to ten percent (10%) of the total number of employees laid off, figured from the day of the first layoff. The Company may also hire and place upon such ten percent (10%) list, similarly qualified employees if they have more ability or talent than those on the laid off list. A list of employees exempt from seniority shall be furnished to the Union. At the time of layoff, when employees are being considered for this exemption, the Union will be notified as to the names of those being considered and the Union can at that time offer any information to the management that might help in making a proper decision.

78. The Company shall have the right to transfer to operations coming under this contract, employees of special value to the Company, or for the purpose of employing such employees of value to the Company in their regular job. As such transfers are made, the contract shall apply to such transferred employees and their seniority under this contract shall be based upon their length of employment with the Company, the same as all other production employees. If such transferred employees have never previously been on operations covered by this Agreement, then, for purposes of promotion, transfer, downgrading, or layoff, their seniority date shall be the date on which they are transferred to such operations. No employees will be transferred to operations covered by this Agreement in departments from which there are employees transferred out of that department because of a shortage of work.

When such seniority of any such transferred employee is less than the seniority of any production employee then on the laid off list, and if such transferred employee is to be retained at work, the employee shall then be put on the ten percent (10%) list as above provided. The Company shall furnish the Union with the names of all employees on such list. These transferred employees must be employees with the least seniority in the intra-departmental group from which they are transferred.

79. An employee transferred from a department that is short of work to a department where work is available will be paid that rate of the job to which the employee is transferred that is closest to the rate which the employee was receiving on the job from which the employee was transferred.

80. When an employee with seniority is reclassified to another job and the employee's base rate would be reduced, the Company will maintain the employee's base rate at one hundred percent (100%) for three (3) years after such reclassification and thereafter the Company will maintain such employee's base rate at ninety percent (90%) providing the employee cooperates in the acceptance of job assignments.

This maintenance of rate only applies to downgrading from the employee's regular job which the employee held in the employee's home department at the time of the first downgrading. Maintenance of base rates will be calculated to the nearest cent. When the maintained rate of an employee is more than the job classification rate of the job on which the employee is working, such maintained rate shall be designated a "red circle rate".

An employee on a maintained rate may be placed where there is an opportunity to qualify for a job having a rate equal to or above such employee's red circle rate, but this does not give the employee priority over qualified employees with higher seniority where skill and ability are substantially equal. The purpose of this is to gradually place and to pay all employees in accordance with the job classification system provided by this Agreement. As such employee progresses in acquiring new skills, the employee will periodically be reclassified to a job consistent with the employee's normal work. If an employee is unable to qualify in a reasonable time for a job having a rate equal to or above the employee's maintained rate, the employee shall then be paid the rate of the job for which the employee does qualify.

81.a) When an employee has been reclassified to another job classification ```in the employee's department under the provisions of paragraph 80, the ```employee must return to any previously held higher job classification ```whenever such a job classification becomes open.

b) When an employee has been reclassified to a job classification in another department under the provisions of paragraph 80 and later there are job openings for which the employee is qualified in the employee's original department, the employee shall be transferred back in accordance with the employee's seniority, unless the employee has reached a job classification rate equal to or exceeding the employee's maintained rate under the provisions of paragraph 80. If the employee requests to remain in the department to which the employee was transferred, such request will be granted.

c) Those employees whose current slack work department assignments exceed two (2) years shall be given the option to make that department their home department. Maintenance of rate protection will not be affected by this move. They will therefore forfeit all prior recall rights. Temporary recall to home departments does not interrupt the two (2) year provision.

d) When an opening occurs within a department and people within the same job classification as the job opening are out of the department on slack work transfer, the following action will be taken:

1) If no increase in department manpower is required, the job will be posted and employees may sign the job provided they have higher seniority than employees who are presently out of the department on slack work transfers.

2) If additional manpower is required in the department, the job will not be posted. Slack work transferred employees will be recalled to available job openings according to seniority and the provisions of the Labor Agreement.

e) Employees who are laid off and subsequently recalled will return with the maintenance of rate provisions applied at the time of their original downgrading or layoff from their original job classification. For purposes of calculating the remaining maintenance of rate time period, time spent on layoff will be treated as if the employee had been at work.

f) Immediate loss of maintenance of rate will occur if an employee on maintenance of rate signs and accepts a department posting which pays less than the classification the employee currently holds unless the posting is for a different starting or stopping time other than the employee is on at the time of the posting.

82.When it is necessary to increase the size of the work force by calling back employees who have been laid off, they shall be recalled according to their seniority standing on the Bargaining Unit seniority list.

Permanent part time jobs, available at time of recall from layoff, will be offered to all eligible employees. Employees, who worked full time at the time of layoff, may bypass permanent part time openings, without forfeiting their position on the recall list. Permanent part time employees, at the time of layoff, must accept the available permanent part time job or be removed from the recall list and terminated.

Permanent part time employees are recalled based on their date of hire. They may only be recalled to available permanent part time jobs, unless they have worked full time since their last date of hire in which case their accrued seniority would be used to determine recall to a full time position but they must return to their permanent part time opening when it is available.

Those full time employees who challenged into permanent part time work as per paragraph 58, will be recalled as full time employees.

83. If a reduced schedule is in effect and all employees having seniority have not been called back to work, the Union may decide that a forty (40) hour schedule is to be put in effect before calling back all employees having seniority.

84. The Company shall have the right to hire new employees for jobs if no employee on the layoff list is capable and willing to do such jobs.

85. The Company shall have the right to hire new help to form a skeleton crew, in case a new product is added to the Company's line, provided no employees having seniority, and who have not been recalled after layoffs, are able to do the work up to the standard required by the Company.

86. When operating with decreased forces, the Company may operate certain departments overtime for reasonable periods in cases where the amount of additional work available is comparatively small or uncertain in duration.

87. In the event of layoffs, members of the Bargaining-Grievance Committee, the Secretary-Treasurer, the Sergeant-At-Arms, and the Trustees and Executive Board members, not to exceed a combined total of six (6) such Trustees and Executive Board members, if capable of performing the work required in any department with reasonable efficiency up to the existing standards of such department, and if responsible for contract administration or grievance like activity, shall not be laid off so long as any department is in operation. The Union shall certify to the Company on an annual basis the names of such persons within six (6) weeks of the election of officers. The steward of each department or shift if capable of performing work required in the steward's department or shift with reasonable efficiency up to the existing standards of such department or shift shall not be laid off or transferred. In the event that a steward is subject to downgrading which would remove the steward from the area the steward serves, the steward shall only be downgraded to jobs in, or adjacent to the area the steward serves. If Union officers or stewards have sufficient seniority to retain a job classification during a slackwork downgrading, they shall not be forced to change shifts to retain that job classification. The retention of job classification and shift must be consistent with other provisions of this Agreement relative to officers and stewards.

In the event that the Chief Steward second shift or the Chief Steward third shift is subject to downgrading, the Chief Steward second shift or the Chief Steward third shift shall remain on their shift. If the Vice President, Plant Chief Steward or Chief Steward for Skilled Trades is on second or third shift at the time of assuming such post, they shall be transferred to the first shift and shall remain on first shift as long as they retain such post.

At the time a slackwork transfer procedure begins, the number of Union stewards elected and serving at that time will be frozen for a period up to one year. This will protect the elected stewards from slackwork transfer during this one-year period. It will also provide for the same number of stewards for the one-year period to handle grievances resulting from slackwork movement of employees.

PROMOTIONS AND TRANSFERS

88. It is the policy of the Company to promote employees on the basis of seniority where skill and ability are substantially equal, in cases where it is reasonably practical to do so. If the employee is not capable of performing all tasks required in the job description the company and the union will discuss resolution through the grievance procedure.

89. When a job opening occurs in a department the job will be posted for no less than three (3) working days. The employees of that department will be considered for the job, consistent with the above policy of promotion.

90. When a job opening occurs and it is not filled from within the department as provided above, the job opening will be posted plant wide on three (3) common posting boards (outside Human Resources, Security, and Union Office). Forms and locked boxes will be provided. All plant wide job postings shall be posted at 3:00 p.m. on Wednesdays and taken down at 3:00 p.m. on the following Tuesday. After the position is accepted, the name and seniority date of the employee will be posted.

Any employee awarded a plant wide posting, whether the posting is accepted or declined, will not be allowed to bid again for six (6) months. The six month period may be waived for good business reasons at the judgment of the company if no one else posts for the position.

LEAVE OF ABSENCE

91. Each Union member selected as a delegate to any convention or conference upon request of the Union, shall receive a leave of absence for the reasonable period required to act as such delegate. Such leaves of absence shall not affect the employee's seniority rating and at the end of the leave of absence the employee shall be entitled to return to the employee's job in accordance with the employee's seniority rating and the rate of pay then in effect.

92. Employees having one (1) year or more seniority may request leaves of absence, not exceeding three (3) months for vacation or one (1) semester (maximum of five (5) months) for education. Leave of absence for vacation need not be granted if it includes part or all of the summer vacation period from Memorial Day to the Monday after Labor Day.

The Company shall grant such requests on a departmental basis, providing the number on leave at any one (1) time does not exceed one (1) employee or two percent (2%) of the employees of any department, whichever is greater, however, where there are subdepartments, such requests shall be considered on a subdepartmental basis. Such leaves of absence may be extended by the Company beyond three (3) months for vacation or five (5) months for education, such extended leaves shall not count against the department quotas as determined above. Seniority credit shall be given for the first three (3) or five (5) months but not for the extended part of the leave. Such leaves will be limited to one (1) three (3) month leave of absence for vacation or one (1) five (5) month leave of absence for education during any twelve (12) month period of time.

93. In cases where it is necessary for employees with seniority to be absent for more than two (2) weeks on account of sickness, they will be granted a leave of absence at their request, when substantiated by a doctor's certificate of necessity, and such leave will be extended at the end of each three (3) month period under the same provisions, unless the nature of the illness is such that the employee cannot reasonably be expected to comply with these provisions. In confinement cases the leave of absence shall be limited to six (6) months after birth. Full seniority credit shall be given for sick leave.

A leave of absence duration for the purpose of adopting a child will be based on the documented requirements of the adopting agency. In no case will the duration exceed twenty six (26) weeks. A leave of absence for adoption purposes will be unpaid, however, the employee will continue to earn vacation credit. Employees will pay one hundred percent (100%) of their monthly health insurance premium for the duration of their leave.

At the expiration of the six (6) months leave of absence for confinement cases, if the employee so requests it, up to an additional six (6) months vacation leave of absence will be granted.

94. Employees having a minimum of one (1) year of seniority shall, upon request, be granted a leave of absence not to exceed one (1) term of office plus one (1) year in order to serve as an elected Municipal, County, State or Federal Government official. Employees having a minimum of one (1) year of seniority shall, upon request, be granted a leave of absence to campaign for elective Municipal, County, State or Federal Office. Leaves of absence for campaigning may not exceed one (1) employee per department and shall not begin until the employee has filed valid nomination papers (or their equivalent if nomination papers are not required) and shall end on Election Day.

Upon completion of the leave of absence, such employees shall be reinstated with full retention of their seniority rights, to their former position or similar position at the going rate at the time of their return.

95. Unless otherwise specified by the insurance company, leaves of absence shall not cause cancellation of group insurance, provided, however, that employees shall pay the insurance premiums.

96. Employees on the seniority list, but who are not at work for any reason, may make such payments as may be required by the insurance company in order to prevent cancellation of group insurance.

DISCIPLINE

97. Employees may be disciplined only for just cause. The Union shall be notified of such discipline. The Union shall have the right to challenge the propriety of the discipline of any employee, and such discipline shall be considered a grievance to be dealt with in accordance with the grievance procedure and arbitration clause herein set forth if filed with the Company within five (5) working days of such discipline. In the event it is determined that an employee has been disciplined without just cause the employee shall be reinstated to the employee's former position with full compensation for the time off.

DISCHARGE

98. In the event that an employee is discharged from and after the date hereof, and the employee believes that he/she has been unjustly dealt with, such discharge shall constitute a case arising under the method of adjusting grievances herein provided, but this shall not prevent the Company from placing the discharge in effect and discontinuing the service of such employee pending a settlement of the matter as herein provided. A written complaint of a discharged employee that the employee had been unjustly dealt with must be made to the Company within five (5) working days from the time of discharge, otherwise such discharge shall be final and the employee shall have no recourse.

In the event it should be decided under the rules of this Agreement that an injustice has been dealt the employee with respect to the discharge, the Arbitrator shall order reinstatement of the employee to the employee's former position with full compensation for the time off. All such cases of discharge shall be taken up within five (5) working days after complaint has been made. A duplicate copy of the employee's dismissal notice will be given to the Union the same time that it is given to the employee.

VACATIONS WITH PAY

99. As of the last Saturday of December of each year, employees will become eligible for vacation with pay according to the terms and provisions set forth in paragraphs 99 to 110 inclusive. Vacations will be taken during the vacation year from January 1st through December 31st.

100. The amount of vacation for each employee will be determined as of January 1st of each year as follows:

(a) Employees with one (1) year of plant seniority will be eligible for one (1) week of vacation.

(b) Employees with two (2) years of plant seniority will be eligible for two (2) weeks of vacation.

(c) Employees with six (6) years of plant seniority will be eligible for three (3) weeks of vacation.

(d) Employees with fifteen (15) years of plant seniority will be eligible for four (4) weeks of vacation.

(e) Employees with twenty (20) years of plant seniority will be eligible for five (5) weeks of vacation.

(f) Employees hired prior to August 1, 1990 will be eligible for one (1) additional day of vacation for each year of plant seniority in excess of twenty-four (24) years.

(g) Employees who fail to meet the requirements outlined above in sub-paragraphs (a) through (f) on December 31st, but who satisfy such requirements on the anniversary date of their plant seniority, will become eligible for the additional amount of vacation on their anniversary date.

(h) Employees who elect to retire under the provisions of the Pension Plan and are eligible for an immediate pension benefit to commence the first of the month following their retirement, shall have their hours worked since the previous December 31st credited for vacation purposes on a prorated basis.

The formula shall be as follows:

Vacation Eligibility as of the X Hours Worked Since the

Previous December 31 Previous December 31

2080

101. The terms and provisions outlined in paragraph 100 are subject to the following provisions:

(a) Employees absent from work more than three (3) months because of leave of absence or layoff and who return to work between September 1st and December 31st before the beginning of the vacation year will not be eligible for a vacation until they have worked two (2) months.

(b) Employees absent from work on January 1st because of leave of absence, layoff or military service will not be eligible for a vacation unless in the case of leave of absence or military service they return to work during that vacation year and unless in the case of layoff they return to work before November 1st of that vacation year. In the event of such return

(1) If the total absence up to the day of return to work was less than three (3) months, they will be eligible upon return to work.

(2) If the total absence up to the day of return to work was more than three (3) months, they will not be eligible until they have worked two (2) months. This shall not be applicable to absence due to military service.

(c) Employees absent from work on the anniversary date of their plant seniority because of leave of absence, layoff or military service will not be eligible for the additional amount of vacation as outlined in paragraph 100(g) unless they return to work during the vacation year in which the anniversary date occurs. In the event of such return

(1) If the total absence up to the day of return to work was less than three (3) months, they will be eligible upon return to work.

(2) If the total absence up to the day of return to work was more than three (3) months, they will not be eligible until they have worked two (2) months. This shall not be applicable to absence due to military service.

(d) Employees who become eligible for a one (1) week vacation on the first anniversary date of their plant seniority will not be eligible for another vacation until they have worked four (4) additional months.

102. Vacations are earned by working. Employees who work the equivalent of eighteen (18) two (2) week pay periods in a year will be eligible for a full vacation on January 1st as provided in paragraph 100. Employees who fail to work the equivalent of eighteen (18) two (2) week pay periods in one (1) year will have their vacation scaled down according to the number of hours they worked as follows:

1440 hours or more (18 or more pay periods)........Full Vacation

1120 to 1440 hours (14 to 18 pay periods)..........4/5 of vacation

800 to 1120 hours (10 to 14 pay periods)...........3/5 of vacation

480 to 800 hours (6 to 10 pay periods).............2/5 of vacation

160 to 480 hours (2 to 6 pay periods)..............1/5 of vacation

0 to 160 hours (less than 2 pay periods)...........No vacation

The year for determining hours worked for the above schedule shall be the twenty-six (26) two (2) week pay periods ending with the September 30th before the start of the vacation year. In the case of new employees their hours worked will be calculated for the first twenty-six (26) two (2) week pay periods of their employment.

103. The hours paid for each week of vacation will be the greater of:

(a) The average of the hours worked by the employee during the twenty-six (26) pay periods ending nearest September 30th before the start of the vacation year (but not to exceed fifty (50) hours per week). This average will be computed by dividing the total hours worked during the twenty-six (26) pay periods ending nearest September 30th by fifty (50).

(b) The employee's normal weekly working schedule (32, 35, 37-1/2, or 40) in effect at the time the employee takes the vacation. Part-time workers will only be paid for their normal weekly working schedule.

The hours paid for a single day of vacation will be one fifth (1/5) of the pay for a week of vacation as provided above.

Vacation hours for vacation payment for employees transferring from full time to part time or part time to full time will be determined as follows:

1) Employees transferring from full time to part time will be paid vacation hours as earned by working the previous year.

Example: Employee worked full time in 1978 - vacation hours for 1979 = 42/wk. Employee transfers to part time in 1979 - will be paid 42 hours for each week of vacation.

2) Employees transferring from part time to full time will be paid vacation hours as earned by working the previous year.

Example: Employee worked part time in 1978 - vacation hours for 1979 = 22/wk. Employee transfers to full time in 1979 - will be paid 22 hours for each week of vacation.

104. Vacation pay will be calculated on the basis of the employee's straight time hourly earned rate of pay plus shift differential.

105. For the purpose of calculating hours worked, in paragraphs 102 and 103, time on (1) paid vacations, (2) paid holidays, (3) paid funeral absence, (4) jury duty, (5) layoff, (6) military service, (7) paid sickness and personal time off, (8) time out because of accident or illness covered by Accident and Health Insurance up to a maximum of twenty-six weeks, (9) time out because of accident covered by Worker's Compensation, and (10) all unpaid time off granted in compliance with Federal and/or State of Wisconsin Family and Medical Leave Acts shall be considered as time worked. These allowances will be based on the employee's normal working schedule in effect when the employee was absent.

106. Vacations of less than three (3) weeks may be divided into four (4) periods. A vacation of three (3) weeks may be divided into five (5) periods. A vacation of four (4) weeks or more may be divided into six (6) periods. Vacation time taken during January through May shall not be considered in applying these divisions of vacation. In addition up to five (5) days of vacation can be scheduled in four (4) hour segments. Any further division must be arranged with the manager.

107. Vacation time may be applied to time lost due to sickness not compensable under the Accident and Health Insurance Plan. Portions of such time cannot be applied on more than two (2) occasions. If full vacation time is so applied against time off for sickness, no further vacation will be allowed.

108. The Company will give consideration to requests from employees who wish to accumulate whatever vacation they are entitled to in one (1) year to be added to whatever vacation they are entitled to in the following year, provided, the employee is not carrying over more than four (4) weeks of vacation and such requests are not excessive in number.

109. Vacations must be arranged with the manager so as not to interfere with the work. Employees having the greatest seniority in the department will have first choice, providing the choice is made:

(a) Before November 1st for the period from January 1st to April 30th inclusive.

(b) Before March 1st for the period from May 1st to December 31st inclusive.

On September 15th of each year, the Company may assign a vacation period to all employees who have not scheduled all of their vacation. Such vacation assignments need not be confined to the current vacation year, but may be assigned into the following year if necessary to avoid interfering with the work and other scheduled vacations.

In order to provide opportunities for all employees to take summer vacations, it is agreed that any employee who takes more than two (2) weeks of vacation during the period from Memorial Day to the Monday after Labor Day of one (1) year shall be entitled to no more than two (2) weeks of vacation during the period from Memorial Day to the Monday after Labor Day of the next two (2)following years. Any vacation during this summer period must be taken in blocks of one (1) or more full calendar weeks. However, if available vacation time is not utilized by employees taking blocks of one (1) or more calendar weeks, then parts of the unutilized time may be scheduled for less than one (1) week provided it does not interfere with the work. Unless arrangements can be made otherwise, any further vacation due must be scheduled outside the summer period.

If the application of these provisions results in employees being unable to schedule at least one (1) week during the period from June 15th to August 31st then the Company will make arrangements so that each of these employees who request it can schedule a week during this period. Before March 1st each employee will number the full weeks between June 15th and August 31st in order of the employee's preference. These vacations will then be scheduled so as to provide a normal balance of employees within each department, shift and job classification and so as to be in accordance with the employee's seniority and the preference the employee has indicated.

The Company also agrees to allow up to fifteen percent (15%) of the employees to schedule vacations during the deer hunting week and the period of time between Christmas Day and New Year's Day. The scheduling will provide a normal balance of employees within each department, shift and job classification.

110. Employees who are eligible for three (3) or more weeks of vacation may take one (1) week pay in lieu of vacation. Time which is paid for in lieu of vacation shall not count as time worked in the application of paragraphs 102, 103, and 105. Persons who are eligible for vacation and who quit or are discharged shall receive their vacation pay for any unused portion of their vacation.

SICKNESS AND PERSONAL TIME OFF

111. Employees shall be entitled to personal days off with pay on the following basis:

Newly hired employees will receive one (1) personal day with pay effective January 1 following their hire date. Thereafter, employees will receive one additional personal day on each subsequent January 1 up to a maximum of four (4).

Employees who are not at work on January 1 because of leave of absence or layoff and who return to work during the following twelve (12) months shall be eligible for one (1) day for each full three (3) months and/or partial three (3) months between the day of return to work and the next January 1.

Employees who quit, are laid off or discharged shall receive pro-rata pay for any unused days. This shall be calculated by deducting one (1) day for each full three (3) months between the time the employee is removed from the seniority list and the next January 1.

The days off may be taken off at any time within the year, either singly or in groups of two (2) or more. The employee's pay shall be the employee's straight time hourly earned rate for the employee's regularly scheduled hours, not to exceed eight (8) hours per day plus night shift differential if any. In the event that the employee does not take any of these days off, the employee shall receive pay for the days not taken off on the first pay period following January 1 of the following year.

Unused days shall be paid for at eight (8) hours per unused day at the employee's average hourly earned rate in effect on January 1 of each year.

Employees shall be granted the days off, at their request, under the following conditions:

1. For time off for personal reasons including medical reasons which can be scheduled in advance

a. In departments where there are more than twenty (20) employees on the shift and classification involved

1) If they request the time in advance and

2) If the total requests including those for vacation for a particular date do not exceed ten percent (10%) of the employees in that classification, department and shift.

b. In departments where there are less than twenty (20) employees on the shift and classification involved

1) If they request the time in advance and

2) No more than one (1) employee requests a particular date.

c. Where more employees apply for a given date than are provided for under the above rules, seniority shall prevail in granting days off where it does not interfere with vacation.

d. Days off for unavoidable emergency medical reasons, not compensable under Accident and Health Insurance Plan that are substantiated by a licensed physician, dentist or medical institution shall be granted at any time, with or without advance notice.

2. Employees eligible for sickness and personal days may schedule all four (4) days per year in eight (8), four (4) hour periods. These half day periods are limited to the first four (4) hours or the last four (4) hours of a shift. These half day periods must be scheduled at least one (1) working day in advance. It is understood that work assignments will be made by the Department Management based on efficient operation and minimal reassignment of work.

One (1) personal day may be taken in hourly segments, provided there is a personal, compelling reason for such absence such as medical appointments or children’s school appointments, and is not meant to be used to extend a vacation or weekend nor to start a shift late except for reasons that meet the above standards. Sufficient documentation to cover the personal time must be provided.

Scheduling of unused hourly segments will be allowed without documentation, subject to the scheduling requirements of subparagraph 1, above. Any unused hourly segments will be paid to the employee on the first pay period following January 1 of the following year.

In the event of a conflict of two employees desiring the same time off, the employee with a personal, compelling reason will prevail over the employee with remaining hours to use.

Both the Company and Union recognize the basic intent of the provision for paid sickness and personal days. That intent is to provide wage protection for days off due to illness and emergency. Previous to the sickness and personal day provision, the employee could take a day of vacation to protect against loss of earnings.

We also recognize that many employees pride themselves on having good attendance records. With this background in mind, we will inform our managers and supervisors that appropriate recognition and written entries in the employee's personnel record should be made commending them, if during the course of a year, the only days off are sickness and personal days.

Both the Company and Union agree that employee absenteeism must be measured and controlled. We also accept that most employees try to maintain a good attendance record. Employees are responsible for their own attendance. Should an employee fail to show up and not call into work for four (4) consecutive work days, the company will view this as job abandonment and subsequently process as a "quit". The company does realize there may be unusual circumstances that prevent an employee from being able to contact Rockwell for a period of time. Examples of these circumstances may be emergency medical situations. Any exceptions will be accepted at the discretion of the company.

The Company agrees to not consider paid sickness and personal days as absences in terms of the employee's individual records provided:

1. The employee does not exceed seven (7) total days off work per year (including paid sickness and personal days).

2. Historical levels of absenteeism for the total plant do not exceed 3% - 3.5% (using total days absent, including gross number of paid sickness and personal days).

APPRENTICE PROGRAMS

112. The Company shall have the right to establish and to place into effect a system of apprentice training. The content of the training program will be determined by the Company and the appropriate state agency. The Company retains the right, with the approval of the appropriate state agency, to remove an employee from the apprentice program. All other types of disciplinary action or discharge are subject to the applicable provisions of this Agreement.

A. The Company will pay for the full cost of tuition, registration, and required text books for courses required during the one (1) day per week. The Company will make the payment in advance on behalf of the apprentice. Should the apprentice not successfully complete the course, the full amount paid by the Company will be immediately deducted from the employee's next paycheck.

B. The Company will reimburse the apprentice for any additional course work under the regular education aid provisions that apply to all employees covered by this Agreement.

C. Apprentice will graduate at the following job classification and the wage percentage schedules will be calculated against the applicable rates of pay. The starting rate of pay for all apprentices will be the greater of either sixty-five percent (65%) of the rate of pay for the respective graduation classification described below or ninety percent (90%) of an employee's existing rate.

Graduation

Dept.___Apprentice Program_________________Classification

120.....Model Maker..........................Model Maker

130.....Machinist............................Machinist

(Screw Machine Automatic Screw Machine Set Up Mechanic)

130.....Machinist............................Machinist

153.....Machine Setter.......................Machine Setter

(Thermoplastic Molding)

446.....Maintenance Mechanic.................Machine Repair Mechanic

449.....Maintenance Mechanic.................Air Conditioning Mechanic

(Air Conditioning & Refrigeration)

450.....Millwright...........................Millwright

450.....Industrial Sheet Metal Mechanic......Industrial Sheet Metal Mechanic

452.....Maintenance Electrician..............Electrical Specialist

 

D. An apprentice will receive upon satisfactory completion of the program, a bonus of $1500.00 from the Company.

E. An accurate record of hours worked will be maintained by the Company and made available to the apprentice upon the apprentice's request. Actual hours worked will be counted as time credited towards completion of the apprentice program.

F. The selection and evaluation criteria will be modified to reduce the emphasis on past high school courses and grades and increase the emphasis on the MATC test battery scores.

G. Qualified candidates will be given consideration in the following order of priority:

A. Current Employees

B. Laid Off Employees

C. Non-Rockwell Automation Employees

STRIKES AND LOCKOUTS

113. During the life of this Agreement there shall be no strike, deliberate slowdown, or stoppage of work. Any violation of this provision shall be cause for discharge of any one or more of the employees taking part in such act.

114. During the life of this Agreement there shall be no lockout by the Company.

MISCELLANEOUS

115. Whenever, in the judgement of the Company it can purchase any part or parts from outside sources, at less than its cost of manufacture, or if a second source of supply is deemed to be good business, or if for any other good business reason, it is deemed desirable to do so, the Company shall have the right to purchase any such part or parts from outside sources. In cases of business recession, necessitating the laying off of employees not merely on a temporary basis, the Company agrees to make a special effort to produce in its own plant some of the products so purchased from outside sources where, in the Company's judgement, it is equipped, and it is consistent with good business to do so.

116. Whenever the masculine pronoun is used herein with respect to employees, it shall be applicable to female employees also, unless the words used clearly indicate otherwise.

117. The Company agrees that for the life of this Agreement it will keep in effect the presently established Group Life and Accident and Health Insurance Plans.

The weekly benefits under the Health & Accident insurance program are payable from the 1st day of disability caused by accident, from the 8th day of disability caused by sickness, and from the 1st day of hospitalization, whichever occurs first. The benefits are payable up to a maximum of twenty-six weeks during any one period of disability. Employees will receive maximum benefit of 70% of their weekly wage.

Health and Accident Benefits begin following a seven-day waiting period in the case of an absence due to a disability caused by illness. However, if within three weeks following the first day of absence for that period of disability, the illness results in subsequent hospitalization for the same condition that cause the initial absence, Health and Accident Benefits will be paid retroactively to cover the waiting period related to the current period of absence.

The Company will pay the portion of the monthly health and accident premium for enrolled employees will be the amount shown below.

Years of Service_______________Company Share

3 months to 25 years................... 90%

25 years and over.......................100%

The weekly health care contribution paid by employees will be deducted on a pre-tax basis. Employees may also elect to pay for eligible medical and dependent care expenses on a pre-tax basis by contributing to a personal account in accordance with Section 125 of the IRS Code.

118. The Company agrees for the life of this Agreement it will keep the present benefits of the Hospital-Surgical-Medical program, the Dental Insurance Plans and the Vision Insurance Plan in effect subject to changes required to comply with Federal Legislation or unexpected circumstances.

119. The Company further agrees that for the life of this Agreement it will not discontinue the Rockwell Retirement Plan for Eligible Employees, the Employee Savings Plan, or the Allen-Bradley Profit Sharing and Retirement Trust dated 12/1/72 as amended, upon approval of IRS, subject to the right of the Company to make minor changes as in the past and informally agreed to in negotiating the Labor Agreement dated February 10, 1959. The Union will be notified of changes in the Pension, Employee Savings Plan and Profit Sharing Trust Agreement before such changes are placed into effect.

120. The Company agrees to comply with any applicable legislation with respect to employees leaving for or returning from service with the United States Armed Forces or Coast Guard and shall grant extended leaves of absence for such purposes.

121. (a) The Company agrees to pay an employee for lost time on a day of an industrial injury. This will only include regular hours of work. This is with the understanding that if the employee leaves the plant due to an injury, he will return to work on that shift unless the doctor advises him not to or it is so late in the shift that it would be impractical to return to work for the balance of the shift.

(b) If an employee is taken out of the facility by ambulance due to an emergency illness, the Company will pay the employee for the remainder of the shift.

WAGE INCREASES AND COLA

122. The general wage increase and cost of living adjustments agreed to by the Company and the Union will be effective on the following basis. It is further agreed that if a COLA increase and a general wage increase are due on the same day, the COLA increase shall be made effective prior to application of the general wage increase.

(A) Cost of Living

(1) In the calculation of increases under this section during the term of this contract, adjustments shall be made according to the formula provided herein on the first two percent (2%) increase of the Index. In the event the Consumer Price Index increases over six percent (6%) in the first contract year, wage adjustments shall be made pursuant to the formula provided herein on that portion of the rise of the Index in excess of six percent (6%). In the event the Consumer Price Index increases over five percent (5%) in subsequent contract years, wage adjustments shall be made pursuant to the formula provided herein on that portion of the rise of the Index in excess of five percent (5%).

(2) Effective with the Payroll Period beginning January 29, 2006, job classification rates will be increased by one (1) cent per hour for each full 0.2% that the National Consumer Price Index for Urban Wage and Clerical Workers (CPI-W: Base 1967 = 100) for November, 2005 has risen above the Index for May, 2005 subject to the limitation of paragraph 1 above.

(3) Effective with the Payroll Period beginning July 30, 2006, job classification rates will be increased by one (1) cent per hour for each full 0.2% that the National Consumer Price Index for Urban Wage and Clerical Workers (CPI-W: Base 1967 = 100) for May, 2006 has risen above the Index for May, 2005. While this calculation period covers the time from May, 2005 through May, 2006, the increase paid shall be the full amount calculated for the period less the amount of cost-of-living adjustment paid effective January 29, 2006, subject to the limitation of paragraph 1 above.

(4) Effective with the Payroll Period beginning January 28, 2007, job classification rates will be increased by one (1) cent per hour for each full 0.2% that the National Consumer Price Index for Urban Wage and Clerical Workers (CPI-W: Base 1967 = 100) for November, 2006, has risen above the Index for May, 2006, subject to the limitation of paragraph 1 above.

(5) Effective with the Payroll Period beginning, July 29, 2007, job classification rates will be increased by one (1) cent per hour for each full 0.2% that the National Consumer Price Index for Urban Wage and Clerical Workers (CPI-W: Base 1967 = 100) for May, 2007 has risen above the Index for May, 2006. While this calculation period covers the time from May, 2006 through May, 2007, the increase paid shall be the full amount calculated for the period less the amount of cost-of-living adjustment paid effective January 28, 2007, and subject to the limitation of paragraph 1 above.

(6) Effective with the Payroll Period beginning January 27, 2008, job classification rates will be increased by one (1) cent per hour for each full 0.2% that the National Consumer Price Index for Urban Wage and Clerical Workers (CPI-W: Base 1967 = 100) for November, 2007 has risen above the Index for May, 2007, and subject to the limitation of paragraph 1 above.

(7) Effective with the Payroll Period beginning, July 27, 2008, job classification rates will be increased by one (1) cent per hour for each full 0.2% that the National Consumer Price Index for Urban Wage and Clerical Workers (CPI-W: Base 1967 = 100) for May, 2008 has risen above the Index for May, 2007. While this calculation period covers the time from May, 2007 through May, 2008, the increase paid shall be the full amount calculated for the period less the amount of cost-of-living adjustment paid effective January 27, 2008, and subject to the limitation of paragraph 1 above.

(8) Effective with the Payroll Period beginning January 25, 2009, job classification rates will be increased by one (1) cent per hour for each full 0.2% that the National Consumer Price Index for Urban Wage and Clerical Workers (CPI-W: Base 1967 = 100) for November, 2008 has risen above the Index for May, 2008, and subject to the limitation of paragraph 1 above.

(9) Effective with the Payroll Period beginning, July 26, 2009, job classification rates will be increased by one (1) cent per hour for each full 0.2% that the National Consumer Price Index for Urban Wage and Clerical Workers (CPI-W: Base 1967 = 100) for May, 2009 has risen above the Index for May, 2008. While this calculation period covers the time from May, 2008 through May, 2009, the increase paid shall be the full amount calculated for the period less the amount of cost-of-living adjustment paid effective January 25, 2009, and subject to the limitation of paragraph 1 above.

(10) Effective with the Payroll Period beginning January 31, 2010, job classification rates will be increased by one (1) cent per hour for each full 0.2% that the National Consumer Price Index for Urban Wage and Clerical Workers (CPI-W: Base 1967 = 100) for November, 2009 has risen above the Index for May, 2009.

No adjustment, retroactive or otherwise, shall be made in job classification rates or benefits as a result of any revision which may be made in the Consumer Price Index figures for any month on which these calculations are based.

In the event the Bureau of Labor Statistics issues a revised Index with a conversion table by which the present Index can be made applicable to any change in said Index, the Company and the Union agree to accept such conversion table. If no such conversion method is made available, the Company and the Union will promptly negotiate a conversion method. If no agreement can be reached on a conversion method, the parties agree to accept whatever conversion method is utilized by the predominant employers with contracts with the union.

(B) General Wage Increase

Effective with the Payroll Period beginning July 31, 2005, job classification rates will be increased four percent (4.0%) to the nearest penny.

Effective with the Payroll Period beginning July 30, 2006, job classification rates will be increased four percent (4.0%) to the nearest penny.

Effective with the Payroll Period beginningJuly 29, 2007, job classification rates will be increased three percent (3.0%) to the nearest penny.

Effective with the Payroll Period beginning July 27, 2008, job classification rates will be increased three percent (3.0%) to the nearest penny.

Effective with the Payroll Period beginning July 26, 2009, job classification rates will be increased three percent (3.0%) to the nearest penny.

INVENTORY SHUT DOWN

123. If the Company finds it necessary to shut the plant down to take inventory, a reasonable period for this work shall be set by the Company.

MODIFICATION

124. The provisions of this Agreement may be modified on the basis of experience or change in circumstances, such modification to be mutually agreed upon in writing by all parties and become effective on approval.

TERMINATION

125. This Agreement supersedes all previous agreements between the parties and shall continue in force through July 31, 2010 and from year to year thereafter, unless at least sixty (60) days before the termination date or any anniversary thereof either party gives to the other a written notice that it wishes to amend, change or terminate this Agreement. At no time during the life of this Agreement shall either party have any obligation to negotiate or bargain with the other party with respect to any matter except as provided herein.

 

SIGNATURE PAGE

LOCAL 1111 OF THE UNITED

ELECTRICAL RADIO AND

MACHINE WORKERS OF

AMERICA, UE

By Robert Rudek, President

Kenneth Lochte, Vice President

Tom Michalski, Plant Chief Steward

John Kaczanowski, Skilled Trades Chief Steward

Mark Muszynski, Second Shift Chief Steward

Gary Tosic, Third Shift Chief Steward

Sharon Duffy, Bargaining-Grievance Committee Member

ROCKWELL AUTOMATION, INC.

By Gregg Sunder, Manager, Labor and Employee Relations

Kristin Fritz, Manager, Human Resources

David Schwarz, Plant Manager, Milwaukee

Peter Drljaca, Production Manager

Cheryl Wiedel, Sr. Human Resources Representative

 

Schedule Rates and Day Rates

Local 1111 Bargaining Unit

Rates

90%

30.69

27.62

29.59

26.63

29.23

26.31

28.39

25.55

28.31

25.48

27.37

24.63

26.81

24.13

26.47

23.82

26.04

23.44

25.46

22.91

24.47

22.02

24.37

21.93

24.25

21.83

23.66

21.29

23.64

21.28

23.15

20.84

23.04

20.74

22.43

20.19

22.12

19.91

21.83

19.65

21.75

19.58

21.72

19.55

21.58

19.42

21.20

19.08

21.16

19.04

21.12

19.01

20.77

18.69

20.66

18.59

20.63

18.57

20.42

18.38

20.32

18.29

 

 

 

 

 

 

 

 

 

 

 

Rates

90%

20.28

18.25

20.13

18.12

19.99

17.99

19.94

17.95

19.73

17.76

19.67

17.70

19.35

17.42

19.24

17.32

19.09

17.18

18.95

17.06

18.83

16.95

18.71

16.84

18.45

16.61

17.99

16.19

17.91

16.12

17.71

15.94

U.E. 1111

Rate Schedule

MODEL SHOP - 120

2325

Model Maker

$29.59

FLEXIBLE MACHINING - 131 - 132

2850

Machinist

28.31

2500

Automatic Screw Machine Machinist

28.31

3280

Machinist - Junior

24.25

4425

Machine Operator

21.75

5725

Miscellaneous Helper

19.67

HEAT TREATING - 135

4385

Heat Treater

21.83

4520

Machine Setter

21.75

5952

Miscellaneous Helper

19.35

 

 

 

 

 

 

 

 

 

 

 

 

 

PUNCH PRESS - 145

4225

Automatic Punch Press Setter Operator

$23.64

5010

Punch Press Setter Operator (60 Tons or less)

21.75

5144

Die Clerk

20.42

5240

Press Department - Service Operator

19.94

5968

Punch Press Operator

19.67

THERMOPLASTIC MOLDING - 153

3652

Journeyman Machine Setter

26.04

4165

Machine Setter

23.64

5664

Molding Press Operator

19.73

DEPARTMENT 240

3500

Manufacturing Cell Specialist

23.64

4195

Setter Operator - Special Equipment

22.12

5776

Wrapping Machine Operator

19.67

5960

Utility & Service Operator

19.35

DEPARTMENT 245

4195

Setter Operator - Special Equipment

22.12

4430

Bellows Assembler

21.75

4661

Mylar Label Printing Coordinator

21.58

5496

Cam-Driven Limit Switch Assembler

20.77

5008

Machine Setter I

20.77

5112

Printing Machine Setup Operator

20.42

5184

Assembler (Heavy or Complicated)

20.42

5960

Utility & Service Operator

19.35

DEPARTMENT 255

4195

Setter Operator - Special Equipment

22.12

5008

Machine Setter I

20.77

5184

Assembler (Heavy or Complicated)

20.42

5768

Heavy Wire Former

19.67

5960

Utility & Service Operator

19.35

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DEPARTMENT 275

3680

Wirer and Special Assembler

$23.15

4195

Setter Operator - Special Equipment

22.12

5008

Machine Setter I

20.77

5184

Assembler (Heavy or Complicated)

20.42

5592

Machine Setter

20.77

5960

Utility & Service Operator

19.35

SOLENOID (LAMINATIONS) - 280

4595

Magnet Equipment Specialist

24.25

5960

Utility & Service Operator

19.35

DEPARTMENT 289

4655

Setter Operator - Special Equipment

22.12

MAGNET CELL - 295

3500

Manufacturing Cell Specialist

23.64

RECEIVING - 401

4660

Department Coordinator

21.58

5632

Receiving Clerk

19.99

6525

Receiving Clerk Helper

18.45

MAINTENANCE STORES - 412

4660

Department Coordinator

21.58

5596

Material Crib Clerk

20.13

6225

Parts Crib Clerk

19.35

6360

Parts Crib Attendant

18.71

COMPONENT STOCKROOM - 420

5424

Inventory Clerk

20.63

5056

Stock Service Clerk

20.28

MATERIAL HANDLING - 422

4660

Department Coordinator

21.58

5864

Material Mover

19.35

 

 

 

 

 

 

 

 

 

 

 

 

 

INSPECTION - 430

3050

Technical Inspector

$24.47

3400

General Inspector (Mechanical)

23.64

MECHANICAL MAINTENANCE - 446

2775

Machine Repair Mechanic

28.39

AIR CONDITIONING - 449

2450

Air Conditioning Mechanic

27.37

6135

Filter Maintainer

20.66

MILLWRIGHTS - 450

3450

Building Maintainer

23.04

3480

Carpenter

26.04

3600

Millwright

26.04

3650

Industrial Sheet Metal Mechanic

26.04

5352

Equipment Maintainer

20.66

5680

Outside Maintainer

19.73

MAINTENANCE(ELECTRICAL) - 452

0070

Electrical Specialist - Instructor

30.69

1600

Instrument Technician

29.23

1200

Electrical Specialist

29.23

2400

Instrument Servicer

26.81

2250

Electrical Technician

26.81

3520

Electrician, Sr.

24.37

MILWAUKEE RETURN CENTER - 475

4155

Returns Processor

21.72

STOCK CHASERS - 492

4685

Material Coordinator

21.20

SHIPPING - 645

4750

Special Pack Shipping Clerk

21.16

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CAFETERIA - 796

5616

Head Cook

$19.73

6195

Cook

18.95

6180

Baker

18.95

6345

Storeroom Clerk

18.71

6810

Utility and Service Attendant

17.99

6855

Kitchen and General Helper

17.91

6915

Cafeteria Attendant

17.71

CLASSIFICATIONS IN MULTIPLE DEPARTMENTS

2475

Electrical Tester (General)

25.46

4135

Electrical Tester (Electronic - Standard)

22.43

4355

Electrical Tester (Power - Standard)

21.83

5836

Group Leader

20.32

6125

Administrative Support

19.09

6570

Assembler/Machine Operator

18.83

4/8/70

Rev. 8/1/05

Schedule OO

MEMO REGARDING TESTING

The Company agrees to the following points relative to our testing program:

1. Employee will be permitted to retake any test after a three month lapse between the time of the original taking and the retake.

2. Employees will be notified of their test results as soon as possible after the test is scored.

3. If the employee so requests, we will attempt to explain the way in which the tests are scored and briefly what these scores mean.

 

4/17/70

Schedule AAA

Supplemental Workmen’s Compensation

Effective June 1, 1970, the Company will provide supplemental payments so that for each day on which an employee receives temporary disability benefits under a Workmen’s Compensation claim, the total payments received will be the same as would have been received for a similar non-industrial claim filed under the Accident and Health Insurance Plan. These supplemental payments will be made only if the employee is enrolled in and eligible for benefits under the Accident and Health Insurance Plan.

 

 

June 19, 1973

Don Doberstein, President

United Electrical Workers

Of America

Local #1111

Gentlemen:

This will confirm the discussion at the bargaining table where both the Company and the Union bargaining committees discussed at length the concern that each group had with the problem where individual employees are required to work alone in remote or isolated areas and where the nature of such work may be hazardous.

The Company intends to advise all supervisors who may be involved in assignment of this type of work, that in sending individuals to remote or isolated areas of the plant, the supervisor should take into consideration the hazards involved in the work before assigning a single employee to such areas.

Very truly yours,

Sam Hay

 

 

SH/mr

(Copy to Union 6/20/73)

 

12/10/73

Full Time Conversion to Part Time

Example: Employee Hired Full Time 5/1/69

Transfer to Part Time 5/1/73

 

Seniority Date

Hire Date

     

Service Award

 

5/1/69

     

Pension

 

5/1/69

     

Vacation

 

5/1/69(1)

     

Blue Cross-Blue Shield

 

5/1/69

     

Health & Accident

 

5/1/69

     

Personal Days

 

5/1/69

  1. Paid at full time hours schedule.

If the employee returns to full time, he will be given an adjusted seniority date to be used for promotion, transfer, downgrading, and layoff.

 

 

 

 

 

 

 

 

 

 

 

 

(Copy to Union 12/17/73)

 

12/10/73

Rev. 8/1/02

Rev. 8/1/05

Part Time Conversion to Full Time

 

Example: Employee Hired Part Time 5/1/69

Transfer to Full Time 5/1/73

Seniority Date Hire Date

Service Award 5/1/69

Pension 5/1/69

Vacation 5/1/69 (1) (2)

Insurance Benefits 5/1/69

Health & Accident 5/1/69

Personal Days 5/1/69

Promotion 5/1/69 (3)

Layoff 5/1/69

Downgrading 5/1/69 (3)

Transfer 5/1/69 (3)

(1) Paid at full time hours schedule.

(2) May involve some forfeiture based on hours worked during base period.

(3) Effective 8/1/05.

 

7/23/82

Rev. 7/27/82

Schedule L

The Company and the Union recognize the continuing need to develop new products, new technology and new methods of manufacturing including automation to maintain the Company’s competitive position. With these objectives, both parties agree as follows:

    1. The company has established pilot areas wherein it may develop new products including new methods of manufacturing. These pilot areas will be non-bargaining unit areas.
    2. As products become completely developed and as new manufacturing processes are established, the Company, in its judgement, will determine the feasibility of manufacturing the new products in Milwaukee. If the Company determines that it may be feasible to manufacture the product in the Milwaukee plants under this labor agreement, it will discuss with the Union the transfer of the work to a bargaining unit status with wage rates and other terms and conditions of employment to be negotiated. If mutual agreement on wage rates and other terms and conditions of employment can be achieved, the Company will commence to manufacture the product in the Milwaukee plants under this labor agreement.

 

 

________________INTER-DEPARTMENT LETTER______________No.__________

Subject: Return to Work Policy – Employees with

Permanent Medical Restrictions

Date 1/29/88

From: Labor Relations Department

To: U.E. Local 1111

Proposal

The Company and the Union recognize a need to modify the existing process by which employees with permanent medical limitations are assigned to suitable jobs permitting them to return to work from a leave of absence status. Basis for the modification of the return from "leave" process involves the displacement of active employees from a job deemed to be "suitable" to permit accommodation of the medically restricted employee. Recognizing that the displacement of an "active" employee has the potential to create some conflict with the existing Labor Agreement, the following guidelines will apply:

General Concept: Displacement from a regular job assignment will not cause shift change, layoff or loss of wages. Recall rights for displaced employees will be honored as per the Labor Agreement.

Implementation:

  1. List of return to work candidates will be prepared by the Safety Department.
  2. U.E. to be advised of all potential displacement situations.
  3. Resolution of issues resulting from this program will be addressed through the grievance procedure.
  4. This trial program will be in effect for one (1) year at which time the Company and the Union will review its merit. (Either party may terminate this trial period to the completion of one year).

 

JED/vk

Form 279

__________________________Allen-Bradley Co._______________________

Printed in U.S.A. Milwaukee, WI

 

 

 

 

7/16/90

Schedule T

Letter of Understanding

In applying Health and Accident Benefits to employees who are receiving documented chemotherapy treatments, the Company will pay Health and Accident benefits from the first day of each treatment and one day immediately following the treatment or consecutive treatments.

 

 

7/16/90

Rev. 7/24/90

Rev. 8/1/90

Rev. 8/1/05

Schedule L

Vacation Scheduling

Memorandum of Agreement

Between May 1st and September 30th, the Company may hire temporary summer employees to work during this period at a rate equal to the applicable hiring rate of their assigned jobs. Prior to hiring temporary summer help, employees on layoff status as of the effective date of this Agreement will first have the opportunity to return to temporary summer work at a rate equal to the rate of their assigned jobs. There will be no benefits paid for work during this period. Employees on layoff status may bypass return to this work without affecting their status on the recall list.

When hiring temporary summer employees the following formula will apply until the end of the current recall list.

1. At least 20% of the total number of jobs to be filled will be filled by recall to regular positions.

2. No more than 80% of the total number of jobs to be filled will be filled with temporary summer employees.

8/21/92

Rev. 10/2/92

Rev. 11/16/92

Rev. 12/2/92

Rev. 1/15/93

Memorandum Of Understanding - Drug Testing

The Union (U.E. 1111) and the Allen-Bradley Company share the goal of continuing to maintain a drug free work environment for all our employees. Both parties view drug abuse as an illness and recognize the need to provide effective treatment when recommended by a medical professional. Because the issue of "For Cause" testing to determine drug abuse can present some sensitive concerns for both the Company and the Union, the following will apply:

1. The Union shall not be considered party to the "For Cause" testing of any employee they represent.

2. All Labor Agreement protections will be available to employees including access to written incident reports from management personnel and appropriate union representation.

3. Only National Institute on Drug Abuse certified laboratories shall be used as providers.

4. Admission of drug use will void the "For Cause" test and the employee will be referred for professional treatment evaluation.

5. Employees referred for testing:

a. may choose to be accompanied by a union representative.

b. shall receive full pay until test results are available.

6. Employees refusing to submit to the "For Cause" test shall be dealt with through appropriate disciplinary action.

7. Delete Paragraph 2 from the "Testing Circumstances - Reasonable Cause" section of the drug testing policy statement. Recognizing that Paragraph 1 provides the language which allows the Company to request an employee submit to a drug test, Paragraph 2 becomes unnecessary. It is recognized that an accident may cause the Company to evaluate an employee's behavior, but that the accident in and of itself will not trigger testing.

8. Reasonable cause shall be defined as those circumstances where the Company has information based on facts, about the employee's conduct in the workplace, that would cause a reasonable person to believe that the employee is demonstrating signs of impairment due to controlled or illegal substances.

Impairment would be defined as difficulty in maintaining balance, slurred speech, erratic or atypical behavior, or otherwise an appearance of being unable to perform his/her job in a safe manner, not caused by other factors.

 

7/13/93

Rev. 7/27/93

Schedule L

Workplace Education

Memorandum of Agreement

Both the Company and Union recognize the importance of improving the technical capabilities of our workforce and operation. While significant progress has been made to this end during the 1990-1993 contract period and proposed changes in these contract negotiations will further this effort, the Company and Union agree to establish a Workplace Education Task Force which will be functional during the course of this Agreement to evaluate the needs of education and training in the Milwaukee facility. The Company members of the Task Force will consist of rep-resentatives from Assembly, Components, Facilities, Quality and Human Resources. The Union members will be representative from the Union’s Bargaining Committee.

 

7/28/93

Schedule DDD

Health and Accident

Benefit Renewal

Effective August 1, 1993, employees recovering from a life threatening illness and released to return to work from a Health & Accident medical leave will have to work 40 hours in a two week period to be eligible to start a new 26 - week disability period for the same medical condition. Life threatening illness will typically include cancer, heart and stroke episodes.

 

Memorandum of Understanding

Paragraph 2 - Purpose

And

Paragraph 3 - Recognition (Dated 6-11-96)

 

Both Rockwell Automation, Inc. (the "Company") and Local 1111 of the United Electrical, Radio and Machine Workers of America (the "Union") acknowledge and respect the existence of Paragraph 2, "Purpose," and Paragraph 3, "Recognition," as an important part of the Collective Bargaining Agreement between the Company and the Union. The parties accept these paragraphs as the agreement on provisions for hours, wages and conditions of the employment for employees covered by this Agreement. The parties will not make changes without mutual agreement, except as provided by law or as provided in this Agreement.

 

 

 

 

 

7/16/96

Schedule CC

Health and Accident - Shift Premium

Effective January 1, 1997, employees eligible to receive temporary disability payments under their Allen - Bradley Health and Accident coverage will receive a maximum benefit of 70% of their regular straight time weekly wage including shift premium. Any applicable shift premium will be included in the determination of benefit.

 

7/16/96

Schedule JJ

Retiree Medical Coverage Extension

Upon the death of a retiree who retired after August 1, 1996 covered by our medical plan and the expiration of the period certain (irrespective of the pension annuity elected), medical coverage will be continued for the spouse and previously eligible dependents for up to an additional 12 months following the month in which the period certain expires. During this extension period, coverage for the spouse will end upon the earlier of the end of the 12 months or if the spouse remarries.

7/26/96

Rev. 7/28/96

 

Schedule SS

Memorandum of Agreement

Sign On Bonuses

Effective August 4, 1996, the Company may provide a sign on bonus of up to $2,500 to new employees hired into classifications for which the Company has difficulty attracting qualified external candidates, and for which they could not fill internally through requests for transfer. The Company will inform the Union before it exercises this option.

 

7/30/96

Retiree Schedule AAA

Vacation Carryover

Employees who confirm that they intend to retire in the calendar year following the current vacation year, will be given consideration to carry over any accumulated vacation up to a maximum of four (4) weeks.

Thus, an employee's retirement date will be determined by the amount of vacation available in the retirement year plus the amount of available vacation carried over. If an employee does not retire in the intended year, the carried over vacation benefit will be paid out in a single lump sum payment.

Any portion of vacation, which is carried over and paid in a lump sum, will not be considered as pensionable income.

 

 

7/30/96

Schedule BBB

One Month Payment To Surviving Spouse

Upon the death of an active employee who has 75 or more age-service points and is eligible to retire under the terms of the pension plan, the Company will pay the surviving spouse the equivalent of one month's straight time gross pay with applicable taxes withheld. This payment will be calculated as the employee's straight time hourly rate times 175 hours and will be paid out in a timely manner following the employee's death.

The lump sum payment will have no impact on either available life insurance or pension benefits.

 

6/19/70

Rev. 7/25/02

Accident and Health Insurance

Permanent and Part Time Employees

Department 796

Effective December 1, 1970, the Company will provide Accident and Health Insurance coverage for permanent part time employees whose normal workweek is twenty or more hours per week.

Weekly benefits payable and the monthly premium charged the permanent part time employees shall be the equivalent of fifty percent of the weekly benefits payable and the premium charged regular full time employees with the same straight time hourly rate of pay and the same number of years of continuous service with the Company.

 

 

Time worked by permanent part time employees in excess of their regularly schedule hours shall not affect the amount of weekly benefits payable or the monthly premium charged.

10/20/83

Rev. 8/1/02

Rev. 8/1/05

Memorandum of Agreement Regarding

Paragraph 80

Employees who avoid a layoff by successfully challenging a job on the retained list are to be paid as follows:

A. Paragraph 80 (Maintenance of Rate) does not apply as long as the employee is a retained employee. The rate of pay is the rate of pay of the job.

B. Employees on the retained list shall regain rights to maintenance of rate protection at the start of the first pay period following their removal from the retained list, such removal resulting from the employee having sufficient seniority to avoid layoff. Example: Same as employees who are laid off and recalled.

 

 

7/16/90

Rev. 7/23/90

Rev. 8/1/02

Rev. 8/1/05

Schedule K

Supplemental Life Insurance

Effective January 1, 2006, the existing voluntary Group Universal Life Plan (GULP) underwritten by Aetna will be replaced by a new voluntary, employee paid Supplemental Insurance Plan

 

 

 

underwritten by MetLife offering employee life insurance up to 8 times annual income in multiples of 1 times income. Coverage for a spouse is available up to $100,000 in $5,000 increments. Dependent children can be insured for $5,000 or $10,000.

Employees and/or spouse enrolled in the current Aetna GULP can 1), transfer to a MetLife GULP option, 2) elect the new MetLife Supplemental Plan, or 3) drop coverage entirely. Employees enrolled in the Aetna GULP who do not transfer to the GULP option with MetLife will automatically default to the MetLife Supplemental Plan.

The MetLife Supplemental Plan (and GULP if currently enrolled) will be available to the employee, spouse and eligible dependents. Spouse and dependent enrollment does not require that the employee be enrolled. Current GULP participants will be able to maintain their current coverage level, or increase their coverage level without Evidence of Insurability (EOI), subject to the following rules:

Employee, spouse or dependent(s) not enrolled in the Aetna GULP program on December 31, 2005 can elect to enroll in the voluntary, employee-paid Supplemental Plan with MetLife during the annual benefit enrollment period.

Employees and spouses may apply for more coverage than outlined in these rules. In that case, they will need to submit EOI forms to MetLife. Their coverage will be limited to the maximums outlined above unless MetLife approves their application for additional coverage.

Upon termination or retirement, an enrolled employee may elect to continue coverage privately 1) with an extended term insurance policy under the portability option, or 2) convert to permanent life insurance under the conversion option (Supplemental Plan only).

The following schedule provides the monthly rate per $1,000 of benefit and is subject to change by MetLife at the end of the contract period. The contract term effective January 1, 2006 is 3 years with rates fixed during that period. Renewal for 2009 will be based on Company claim experience and MetLife’s underwriting practices. The Company reserves the right to put the coverage out to bid for the renewal.

 

Supplemental Plan

 

GULP

Age Group

 

Non-Smoker

Smoker

 

Non-Smoker

Smoker

Under 30

 

$0.039

$0.060

 

$0.060

$0.072

30 – 34

 

$0.039

$0.080

 

$0.080

$0.096

35 – 39

 

$0.068

$0.090

 

$0.090

$0.108

40 – 44

 

$0.093

$0.105

 

$0.110

$0.126

45 – 49

 

$0.146

$0.170

 

$0.170

$0.204

50 - 54

 

$0.225

$0.268

 

$0.265

$0.322

55 - 59

 

$0.394

$0.469

 

$0.470

$0.563

60 - 64

 

$0.646

$0.771

 

$0.775

$0.925

65 - 69

 

$1.243

$1.491

 

$1.492

$1.789

70 - 74

 

$2.016

$2.410

 

$2.419

$2.903

75 - 79

 

$3.268

$3.950

 

$3.922

$4.706

 

 

7/16/90

Rev. 7/31/90

Rev. 8/1/90

Rev. 8/1/02

Schedule P

Pro-Rata Health Care Benefits for Part Time

For employees* hired after August 1, 1990, whose normal work week is scheduled to be less than 40 hours per week, the company contribution towards health care benefits will be calculated on a pro-rated basis. Overtime hours will not be used in calculating pro-rate contributions. Employees securing part time employment as a result of a slack work condition from a full time position or full timers accepting a recall to a part time position will receive benefits as if they were a full time employee.

Example: Employees scheduled to work 20 hours per week

20 = .50 of full time contribution

40

* As of 8/1/90 this is limited to:

Cafeteria Attendant - Department 796

Miscellaneous Helper (Chip Spinner) - Department 131

Rev 5/19/64 Rev 7/29/87

Rev 7/24/79 Rev 7/29/93

Rev 6/18/84 Rev 8/1/02

Rev 8/1/05

Insurance Premium for Employees Who Are Not at Work

HEALTH GROUP LIFE H & A VISION DENTAL

INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE

Laid Off

Employees

A. The employee may keep the health insurance program in effect for 6 months following the month in which he was laid off

B. The company and employee continue to pay their respective portion of the premium for these 6 months.

C. COBRA – Effective 12-1-87 At the end of these 6 months, coverage is available under COBRA for an additional 12 months. The employee pays the entire cost – the company pays nothing

A. The employee may continue his basic coverage for as long as he is on layoff, provided he pays the entire cost - the Company pays nothing.

B. The employee may continue his supplemental life insurance coverage for as long as he is on layoff, provided he submits his payments directly to the insurance carrier.

A. Insurance under this plan is suspended during layoffs.

A. The employee may continue his vision coverage until the end of the 3rd month after date of layoff at no premium cost to the employee.

B. COBRA-Effective

12-1-87. At the end of these three months, coverage is available under COBRA for an additional 15 months. The employee pays the entire cost – the Company pays nothing.

Effective 1/1/03: The VSP discount card will continue to be effective during layoff.

A. The employee may continue his dental coverage until the end of the 6th month after date of layoff at the current applicable employee premium.

B. COBRA-Effective

12/1/87. At the end of these six months, coverage is available under COBRA for an additional 12 months. The employee pays the entire cost – the Company pays nothing.

 

 

 

HEALTH GROUP LIFE H & A VISION DENTAL

INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE

Medical

Leaves

A. For employees with less than 10 years seniority, the Company and employee continue to pay their respective portion of the premium for the first 6 months following the month in which the leave starts and the employee will pay the full premium thereafter.

B. For employees with 10-25 years seniority, the Company and employee continue to pay their respective portion of the premium for the first 12 months following the month in which the leave starts and the employee will pay the full premium thereafter.

C. For employees with 25 and more years of seniority, the Company and employee continue to pay their respective portion of the premium for the first 24 months in which the leave starts and the employee will pay the full premium thereafter.

A. Employees with less than 1 year of service may continue their basic coverage for as long as they are on leave, provided they pay the entire cost – the Company pays nothing.

B. For employees with more than 1 year of service, the Company will pay the basic insurance coverage for the duration of the leave or for 1 year which ever is the lesser period. After the first 12 months, the employee must pay the full cost to continue the basic insurance.

C. The employee may continue his supplemental life insurance coverage for as long as he is on leave, provided he submits his payments directly to the insurance carrier.

A. The insurance is kept in effect for the duration of the

disability up to a maximum of 26 weeks.

B. The Company and the employee continue to pay their respective portion of the premium while benefits are being paid to the disabled employee.

A. Coverage will continue up to a period of 12 months. During the period the Company will pay the full monthly premium. After 12 months the employees must pay the full premium.

Effective 1/1/03: The VSP discount card will continue to be effective during medical leaves.

A. Coverage will continue up to a period of 12 months. During the period the Company will pay the full monthly premium. After 12 months the employee must pay the full premium.

 

HEALTH GROUP LIFE H & A VISION DENTAL

INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE

Personal,

Education

& Vacation

Leaves

A. The employee pays the full premium while on leave of absence following the month in which the leave starts - the Company pays nothing.

B. When Returning to work, the employee must return the first working day of the month in order not to pay the full premium for that month.

A. The employee may continue his basic coverage for as long as he is on leave, provided he pays the entire cost – the Company pays nothing.

B. The employee may continue his Group Universal Life (GUL) insurance coveraqe as long as he is on leave, provided he submits his payments directly to the insurance carrier.

A. Insurance under this plan is suspended as of the employee’s last paid workday.

A. The employee pays the full premium while on leave of absence – the Company pays nothing.

Effective 1/1/03: The VSP discount card will continue to be effective during leaves of absence.

  1. The employee

pays the full

premium while on

leave of absence –

the Company pays nothing.

Military Leaves (See qualific-

ations in

paragraph 26)

A. The employee may continue his Group Health coverage including dependant coverage (where applicable) on the same terms and conditions as existed prior to his leave. Both the Company and the employee will continue to contribute their portion of the monthly premium.

A. For the basic life insurance, the Company will continue to pay the premium for the amount of coverage in effect at the time the employee was placed on leave.

B. or the Group Universal Life (GUL), the employee may continue coverage for as long as the leave lasts, provided the employee submits payments directly to the insurance carrier.

 

A. Insurance under this plan is

Cancelled as of the employee’s last paid workday.

A. Insurance will be cancelled at the end of the month in which the employee goes on military leave.

B. At the end of this month, coverage is available under COBRA for 18 months The employee pays the cost – The Company pays nothing.

Effective 1/1/03: The VSP discount card will continue to be effective during military leaves.

A. The employee may continue his Dental coverage including dependant coverage (where applicable) on the same terms and conditions as existed prior to his leave. Both the Company and the employee will continue to contribute their portion of the monthly premium.

 

HEALTH GROUP LIFE H & A VISION DENTAL

INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE

Wisconsin and

Federal Family & Medical Leave Acts

A. The Company will administer according to current Wisconsin and Federal Family & Medical Leave Acts.

A. The Company will pay the basic insurance coverage for the duration of the leave.

B. The employee may continue his Group Universal Life (GUL) insurance coverage for as long as he is on leave, provided he submits payments directly to the insurance carrier.

A. The Company and employee continue to pay their respective portion of the premium (based on employee’s length of service).

A. The Company will pay the full monthly premium for the duration of the leave.

Effective 1/1/03: The VSP discount card will continue to be effective during

FMLA.

A. The employee may continue his dental coverage at the current applicable employee premium.

 

7/16/96

Rev. 8/1/02

Schedule HH

Pension - Past Service Credit

Any employee electing to retire will receive full service credit for any periods worked prior to the employee's current seniority/hire date. This period worked will be applied to the employee's normal age/service points should they choose to retire prior to the expiration date of this Contract.

Example: Employee A: As of 8/1/02

Date thru 8/1/02

Thru 8/1/68 Add'l Service 4 Years

Total = 36 Years

New Total 95 Points

 

7/29/96

Rev. 8/1/02

Rev. 8/1/05

Schedule XX

Memorandum of Agreement

Employee Savings & Investment Plan

Company and Union have agreed to provide the ability to make daily changes to investment elections and transfers between existing investments. Additionally, employees will be able to make pretax contributions up to a maximum of 25%, subject to Federal pre-tax contribution limits. The plan will now conform to the following features and provisions:

Participants can contribute up to 25% of base pay as pre-tax, after-tax or a combination of both. Individuals identified as highly compensated by the IRS are limited to a 12% pre-tax contribution.

The official name of the plan is the Rockwell Automation Retirement Savings Plan for Represented Hourly Employees. The Plan is administered by the Rockwell Automation Benefits Center located in Boston, MA. The Center is accessible on normal business days from 9:00 AM to 12 Midnight Eastern time through a toll free number (1-877-765-4015).

The Company match will remain at 50% on the first 5% of eligible pay contributed to the Plan by the employee.

 

 

Rev. 6/8/99

Rev. 8/1/02

Rev. 8/1/05

Schedule VV

Pension Formula

For employees retiring on or after August 1, 1999, their monthly pension benefit will be calculated using the formula described below. As such, Schedule DD - Pension Service Credit dated 8/1/90 and Schedule VV - Pension Formula dated 7/30/96 are no longer applicable and will be removed from the Memorandum of Agreement book.

66-2/3% of your average monthly income up to $1,666.67

TIMES

Years of Credited Service (up to 35)

35

PLUS

1.25% of your average monthly income

over $1,666.67 times your years of Credited Service

PLUS

Pension Service Credit Factor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Effective for retirements on and after August 1, 2005

Average Income

$/Month/Year of Service*

Monthly

$1,666.68 - $1,866.66

.10

Annual

$20,000.01 - $22,400.03

Monthly

$1,866.67 - $2,066.66

.30

Annual

$22,400.04 - $24,800.03

Monthly

$2,066.67 - $2,266.66

.50

Annual

$24,800.04 - $27,200.03

Monthly

$2,266.67 - $2,466.66

.75

Annual

$27,200.04 - $29,600.03

Monthly

$2,466.67 - $2,666.66

1.00

Annual

$29,600.04 - $32,000.03

Monthly

$2,666.67 - $2,866.66

1.25

Annual

$32,000.04 - $34,400.03

Monthly

$2,866.67 - $3,066.66

1.50

Annual

$34,400.04 - $36,800.03

Monthly

$3,066.67 - $3,266.66

1.75

Annual

$36,800.04 - $39,200.03

Monthly

$3,266.67 - $3,466.66

2.00

Annual

$39,200.04 - $41,600.03

Monthly

$3,466.67 - $3,666.67

2.25

Annual

$41,600.04 - $44,000.03

Monthly

$3,666.67 - $3,866.66

2.50

Annual

$44,000.04 - $46,400.03

 

 

 

 

 

 

 

 

 

 

 

Average Income

$/Month/Year of Service*

Monthly

$3,866.67 - $4,066.66

2.75

Annual

$46,400.04 - $48,800.03

Monthly

$4,066.67 - $4,266.66

3.00

Annual

$48,800.04 - $51,200.03

Monthly

$4,266.67- $4,466.66

3.25

Annual

$51,200.04 - $53,600.03

Monthly

$4,466.67 - $4,666.66

3.50

Annual

$53,600.04 - $56,000.03

Monthly

$4,666.67 - $4,866.66

3.75

Annual

$56,000.04 - $58,400.03

Monthly

$4,866.67 - -$5,066.66

4.00

Annual

$58,400.04 - $60,800.03

Monthly

$5,066.67 - $5,266.66

4.25

Annual

$60,800.04 - $63,200.03

Monthly

$5,266.67 and over

4.50

Annual

$63,200.04 and over

 

Effective for retirements on and after August 1, 2008

Average Income

$/Month/Year of Service*

Monthly

$1,666.68 - $1,866.66

.10

Annual

$20,000.01 - $22,400.03

Monthly

$1,866.67 - $2,066.66

.30

Annual

$22,400.04 - $24,800.03

Monthly

$2,066.67 - $2,266.66

.50

Annual

$24,800.04 - $27,200.03

 

 

 

 

 

 

 

 

 

Average Income

$/Month/Year of Service*

Monthly

$2,266.67 - $2,466.66

.75

Annual

$27,200.04 - $29,600.03

Monthly

$2,466.67 - $2,666.66

1.00

Annual

$29,600.04 - $32,000.03

Monthly

$2,666.67 - $2,866.66

1.25

Annual

$32,000.04 - $34,400.03

Monthly

$2,866.67 - $3,066.66

1.50

Annual

$34,400.04 - $36,800.03

Monthly

$3,066.67 - $3,266.66

1.75

Annual

$36,800.04 - $39,200.03

Monthly

$3,266.67 - $3,466.66

2.00

Annual

$39,200.04 - $41,600.03

Monthly

$3,466.67 - $3,666.67

2.25

Annual

$41,600.04 - $44,000.03

Monthly

$3,666.67 - $3,866.66

2.50

Annual

$44,000.04 - $46,400.03

Monthly

$3,866.67 - $4,066.66

2.75

Annual

$46,400.04 - $48,800.03

Monthly

$4,066.67 - $4,266.66

3.00

Annual

$48,800.04 - $51,200.03

Monthly

$4,266.67- $4,466.66

3.25

Annual

$51,200.04 - $53,600.03

Monthly

$4,466.67 - $4,666.66

3.50

Annual

$53,600.04 - $56,000.03

 

 

 

 

 

 

 

 

 

 

Average Income

$/Month/Year of Service*

Monthly

$4,666.67 - $4,866.66

3.75

Annual

$56,000.04 - $58,400.03

Monthly

$4,866.67 - -$5,066.66

4.00

Annual

$58,400.04 - $60,800.03

Monthly

$5,066.67 - $5,266.66

4.25

Annual

$60,800.04 - $63,200.03

Monthly

$5,266.67 - $5,466.66

4.50

Annual

$63,200.04 - $65,600.03

Monthly

$5,466.67 - $5,666.66

4.75

Annual

$65,600.04 - $68,000.03

Monthly

$5,666.67 and over

4.88

Annual

$68,000.04 and over

 

LESS

50% of primary Social Security

times your years of Credited Service (up to 35)

divided by 35

*This service credit amount is based on the election of a life and ten year certain annuity and will be adjusted accordingly for other elections.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6/8/99

Rev. 8/1/02

Rev. 8/1/05

Schedule YY

Pension Service Credit

Employees retiring during the life of this Agreement and whose average monthly income as calculated under the current pension formula exceeds $1,666.67 per month will receive a monthly pension service credit in addition to their monthly pension annuity. The amount of this credit will be based on the employee's average monthly income and their length of service in accordance with the following schedule:

Effective for retirements on and after August 1, 2005

Average Income

$/Month/Year of Service*

Monthly

$1,666.68 - $1,866.66

.20

Annual

$20,000.01 - $22,400.03

Monthly

$1,866.67 - $2,066.66

.60

Annual

$22,400.04 - $24,800.03

Monthly

$2,066.67 - $2,266.66

1.00

Annual

$24,800.04 - $27,200.03

Monthly

$2,266.67 - $2,466.66

1.50

Annual

$27,200.04 - $29,600.03

Monthly

$2,466.67 - $2,666.66

2.00

Annual

$29,600.04 - $32,000.03

Monthly

$2,666.67 - $2,866.66

2.50

Annual

$32,000.04 - $34,400.03

 

 

 

 

 

 

 

 

 

 

 

Average Income

$/Month/Year of Service*

Monthly

$2,866.67 - $3,066.66

3.00

Annual

$34,400.04 - $36,800.03

Monthly

$3,066.67 - $3,266.66

3.50

Annual

$36,800.04 - $39,200.03

Monthly

$3,266.67 - $3,466.66

4.00

Annual

$39,200.04 - $41,600.03

Monthly

$3,466.67 - $3,666.67

4.50

Annual

$41,600.04 - $44,000.03

Monthly

$3,666.67 - $3,866.66

5.00

Annual

$44,000.04 - $46,400.03

Monthly

$3,866.67 - $4,066.66

5.50

Annual

$46,400.04 - $48,800.03

Monthly

$4,066.67 - $4,266.66

6.00

Annual

$48,800.04 - $51,200.03

Monthly

$4,266.67- $4,466.66

6.50

Annual

$51,200.04 - $53,600.03

Monthly

$4,466.67 - $4,666.66

7.00

Annual

$53,600.04 - $56,000.03

Monthly

$4,666.67 - $4,866.66

7.50

Annual

$56,000.04 - $58,400.03

Monthly

$4,866.67 - $5,066.66

8.00

Annual

$58,400.04 - $60,800.03

Monthly

$5,066.67 - $5,266.66

8.50

Annual

$60,800.04 - $63,200.03

 

 

 

 

 

 

 

Average Income

$/Month/Year of Service*

Monthly

$5,266.67 and over

9.00

Annual

$63,200.04 and over

Effective for retirements on and after August 1, 2008

Average Income

$/Month/Year of Service*

Monthly

$1,666.68 - $1,866.66

.20

Annual

$20,000.01 - $22,400.03

Monthly

$1,866.67 - $2,066.66

.60

Annual

$22,400.04 - $24,800.03

Monthly

$2,066.67 - $2,266.66

1.00

Annual

$24,800.04 - $27,200.03

Monthly

$2,266.67 - $2,466.66

1.50

Annual

$27,200.04 - $29,600.03

Monthly

$2,466.67 - $2,666.66

2.00

Annual

$29,600.04 - $32,000.03

Monthly

$2,666.67 - $2,866.66

2.50

Annual

$32,000.04 - $34,400.03

Monthly

$2,866.67 - $3,066.66

3.00

Annual

$34,400.04 - $36,800.03

Monthly

$3,066.67 - $3,266.66

3.50

Annual

$36,800.04 - $39,200.03

Monthly

$3,266.67 - $3,466.66

4.00

Annual

$39,200.04 - $41,600.03

Monthly

$3,466.67 - $3,666.67

4.50

Annual

$41,600.04 - $44,000.03

 

 

 

 

 

 

 

 

Average Income

$/Month/Year of Service*

Monthly

$3,666.67 - $3,866.66

5.00

Annual

$44,000.04 - $46,400.03

Monthly

$3,866.67 - $4,066.66

5.50

Annual

$46,400.04 - $48,800.03

Monthly

$4,066.67 - $4,266.66

6.00

Annual

$48,800.04 - $51,200.03

Monthly

$4,266.67- $4,466.66

6.50

Annual

$51,200.04 - $53,600.03

Monthly

$4,466.67 - $4,666.66

7.00

Annual

$53,600.04 - $56,000.03

Monthly

$4,666.67 - $4,866.66

7.50

Annual

$56,000.04 - $58,400.03

Monthly

$4,866.67 - $5,066.66

8.00

Annual

$58,400.04 - $60,800.03

Monthly

$5,066.67 - $5,266.66

8.50

Annual

$60,800.04 - $63,200.03

Monthly

$5,266.67 - $5,466.66

9.00

Annual

$63,200.04 - $65,600.03

Monthly

$5,466.67 - $5,666.66

9.50

Annual

$65,600.04 - $68,000.03

Monthly

$5,666.67 and over

9.75

Annual

$68,000.04 and over

 

Example: An employee retiring with 35 years of service whose average monthly income is $3,066.67 will receive a monthly pens-

 

 

 

 

 

ion service credit of $122.50 ($3.50 x 35 Years = $122.50).

* This service credit amount is based on the election of a life and ten year certain annuity and will be adjusted accordingly for other elections.

 

7/16/96

Rev. 8/1/99

Rev. 8/1/02

 

Schedule II

Pension Death Benefit

Effective August 1, 2002, the death benefit provided under the current pension plan will be $150 per year of service not to exceed a maximum of $5,250.

8/1/99

Rev. 8/1/02

Rev. 8/1/05

Letter of Agreement

Supplemental Early Retirement Benefit

Effective for retirements occurring on or after the effective date of this Agreement, the supplemental early retirement benefit under the Pension Plan for Represented Hourly Employees shall be increased from $800 per month to $850 per month for retiring employees who satisfy both of the following conditions:

(a) the retiring employee retires prior to age 62 and

(b) the retiring employee’s age plus years of credited service total 95 or more at the date of retirement.

 

 

 

This supplemental payment shall be paid each month beginning with the month following retirement and ending with the earlier of the month in which the retiree attains age 62 or the month in which the retiree dies.

8/1/99

Rev. 8/1/02

Rev. 8/1/05

 

Letter of Agreement

Basic Life Insurance

Effective August 1, 2005, the existing basic life insurance coverage will be increased for employees actively at work or on vacation from $25,000 per employee to $30,000 per employee. Coverage for an employee not actively at work or on a scheduled vacation on August 1, 2005 will increase upon return to active status.

 

8/1/05

Sloan Process

 

The below process is to be applied to reassign workers impacted by the movement of a particular line, department, or section out of the Milwaukee plant.

Sloan Process (sloan is a combination of a slack and a loan)

can be loaned back (sloaned) to the impacted line, department, or section to complete customer orders and/or inventory build.

 

8/1/05

Letter of Understanding

Regarding Job Movement

 

The Union and the Company agree that the Company, during the term of this Agreement, has the right, in its sole discretion, to move any and all work being performed by bargaining unit members at this facility (1201 S. Second Street, Milwaukee, WI) in the following Departments: 131, 132, 135, 145, 153, 240, 245, 255, 275, 280, 289, 295, 420, 430, 475 and 492. Further, the Union and the Company recognize that such job movement will negatively

 

 

 

 

affect employment levels in the following departments and that the Company has the right, in its sole discretion, to eliminate jobs in the following departments as the result of such job movement: Departments 401, 412, 422, 446, 450, 452 and 645. Nothing in this letter of understanding precludes the Company from moving, subcontracting or outsourcing any or all work performed by bargaining unit members in Departments 120, 449 and 796, except that the Company agrees to bargain with the Union before doing so.

Because approximately 348 active bargaining unit employees already have attained "95 points", or will attain "95 points", under the applicable Pension Plan during the term of this Agreement, it is the Company’s intent to time these job movements so that no bargaining unit employee who will otherwise attain "95 points" during the term of this Agreement is involuntarily laid off. However, the parties recognize that this may not be possible, due to bargaining unit employees who reach "95 points" delaying their retirement and/or the Company’s need to move jobs faster than the rate of employee attrition due to retirement. However, in such a case the Letters of Understanding entitled "Credit Towards Pensions For 25 Year Employees Who May Be Laid Off On or After 8/01/2005" and "2/3 Pay For Certain Employees" shall apply; the parties agree that their current and future obligations to engage in effects bargaining if such movement results in involuntary layoffs have been met by their having agreed to these Letters of Understanding.

The Union and the Company encourage employees who attain eligibility to retire with "95 points" to do so, but the parties understand that whether or not to retire is an individual choice, and no employee will be forced or pressured to retire because he or she has attained eligibility for a "95 point" retirement.

Nothing herein will affect, either negatively or positively, the Company’s rights to lay off employees for reasons not related to job movement, including, but not limited to, declining business, sub-

 

 

 

 

 

 

 

 

 

 

 

 

contracting and outsourcing. However, in the event of such a layoff, the Company will follow the Letters of Understanding entitled "Credit Towards Pensions For 25 Year Employees Who May Be Laid Off On or After 8/01/2005" and "2/3 Pay For Certain Employees" in the same manner as it will with the jobs it eliminates because of job movement; the parties agree that their current and future obligations to engage in effects bargaining if such layoffs occur have been met by their having agreed to these Letters of Understanding.

This Letter of Understanding will expire with the expiration of the Agreement.

 

 

 

8/1/05

Letter of Understanding

2/3 Pay for Certain Employees

If, during the term of this Agreement, any employee is identified for layoff (except for any employee retained out of seniority order), the Company will adhere to the following process:

First, the Company will prepare a list of all active bargaining unit employees who will, on the expected day of the layoff, have at least 93 "points" but less than 95 "points" under the Pension Plan, listing such employees in descending order starting with the employee who has the most "points" and ending with the employee who has the least "points."

Second, the Company will approach the employee at the top of the list and ask that employee if he or she will volunteer to be laid off. If the employee agrees to volunteer for layoff, the employee will notify the Company in writing by signing a form that will be provided by the Company. The employee will be given a copy of the form; the employee will be given 7 days from the date he or she signs the form to change his or her mind, such change to be com-

 

 

 

 

 

 

 

 

 

 

 

municated to the Company by the employee in writing. The form will state the anticipated last day of active employment. Following the employee’s last day of active employment, the employee will receive from the Company each week a check equal to 2/3 weekly pay at the employee’s regular hourly rate as of his or her last day of active employment (this includes base weekly pay and shift differential only), less deductions for applicable taxes and any other applicable deductions, until such time as the employee attains 95 "points" or reaches age 65 (hereinafter referred to as the "2/3 pay period"); at the end of the month in which the employee attains 95 "points" or reaches age 65, the Company’s obligation to provide the employee with the weekly checks described above will cease, and the employee will retire. The employee will receive the same pension and benefit treatment as an employee retiring directly from active employment. For pension purposes, earnings will be reconstructed for the "2/3 pay period." It is the responsibility of the employee to have obtained, completed and submitted to the Company all of the paperwork necessary to process the employee’s retirement prior to the date he or she reaches 95 "points" or age 65. In addition, during the "2/3-pay period" and for the remainder of the calendar year in which the employee attains 95 "points" or age 65, the employee will continue paying the active employee rate for health care benefits. The Company will continue approaching employees on the list, in descending order, until a sufficient number of such employees have volunteered for layoff.

If the Company has exhausted the list and an insufficient number of employees on it have volunteered for layoff, nothing herein prevents the Company from proceeding with the layoff. If an employee with 25 or more years of Company service is laid off, the Letter of Understanding entitled "Credit Towards Pension For 25 Year Employees Who May Be Laid Off On or After 8/01/2005" will apply.

This Letter of Understanding will expire with the expiration of the Agreement.

 

 

 

8/1/05

Letter of Understanding Regarding Voluntary Layoff For Retained Journeyman Who Have Less Than 25 Years of Service

 

If the Company decides to lay off a retained journeyman, a more senior retained journeyman who is in the same job classification may volunteer to be laid off in place of the less senior retained journeyman who otherwise would have been laid off. If two or more such employees volunteer, the most senior volunteer will be laid off.

 

This Letter of Understanding will expire with the expiration of the Agreement.

 

 

 

8/1/05

Letter of Understanding Regarding Severance Pay For Employees Laid Off Who Have At Least 6 But Less Than 25 Years of Service At Time Of Layoff

 

Any employee with at least 6 but less than 25 years of service at the time of layoff who is laid off during the term of this Agreement and who waives his or her recall rights will receive severance pay according to the following schedule:

6 or more but less than 10 years of service: 4 weeks’ pay

10 or more but less than 25 years of service: 8 weeks’ pay

 

 

This Letter of Understanding will expire with the expiration of the Agreement.

 

 

 

 

8/1/05

Letter of Understanding

"95 Point" Incentive

As an incentive to employees who have already attained eligibility to retire with "95 points", or who will attain such eligibility between August 1, 2005 and December 31, 2005, to do so, the parties agree that any such employee who informs us by September 1, 2005 that he or she plans to retire by December 31, 2005, and who thereafter retires by December 31, 2005, will receive the following extra benefits:

As an incentive to employees who attain eligibility to retire with "95 points" between January 1, 2006 and July 31, 2010 to do so immediately, the parties agree that any such employee who retires by the end of the month in which he or she attains "95 points" will receive the following extra benefits:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8/1/05

 

Letter of Understanding Regarding "Retirement Tip Up"

 

Any employee who notifies the Company between 110 and 130 calendar days before the 1st of the month in which they attain "95 points" under the applicable Company pension plan that the employee intends to retire within the month of attaining "95 points" will have $1.00 added to his or her regular hourly rate for the 90 calendar day period immediately preceding his or her "95 point" month. If that employee does not actually retire in the month of attaining 95 points, that employee will repay the Company for the $1.00 per hour additional pay the employee received; the Company may collect the money owed by lowering the employee’s regular hourly rate by $1.00 per hour until the money is repaid in full.

This $1.00 tip up is not applicable to earned, unused and pro rata vacation.

Those employees whose 95 point retirement dates occur between 8/1/05 and 12/31/05 will in no way be penalized if a 90 calendar day period isn’t available prior to their 95 point month.

 

 

 

 

 

 

 

 

8/1/05

Letter of Understanding

Credit Towards Pension for 25 Year Employees on Layoff Status

as of 8/1/2005

Each employee on layoff as of 8/01/2005 who has recall rights and who, at the time of layoff, had 25 years or more of Company service, and who is still on layoff status on July 31, 2010, will at that time be treated for purposes of calculating pension credited service as if the employee had been actively employed by the Company while on layoff. Further, each such employee will at that time be treated for purposes of eligibility for a "95 point" retirement as if the employee had been actively employed by the Company while on layoff, and thereafter (even after the expiration of this Agreement) the Company will continue to treat each such employee as if the employee had been actively employed by the Company, so long as the employee remains on layoff; any such employee who retires or who becomes ineligible for recall shall stop accruing points towards a "95 point" retirement upon retirement or upon the date the employee became ineligible for recall.

For example, a 58 year old employee who had 25 years of pension credited service when he or she was laid off in August 2001, and who is still on layoff on July 31, 2007, will, on that date, become eligible for a "95 point" retirement (58 + 25 + 6 additional years of age + 6 additional years of service = 95) and will have 31 years of pension credited service for purposes of pension service credit (31/35) and the "pension service credit factor" and the "pension service factor" in Schedules VV and YY. For another example, if a 57 year old employee who has 32 years of pension credited service was laid off in August 2004 and remains on layoff for 3 years, that employee will become eligible for a "95 point" retirement (57 + 32 + 3 additional years of age + 3 additional years of service = 95) and will have 35 years of pension credited service for

 

 

 

 

 

 

 

 

 

 

 

 

 

purposes of pension service credit (35/35) and the "pension service credit factor" and the "pension service factor" in Schedules VV and YY.

An employee who attains a "95 point" retirement pursuant to this Letter of Understanding will be treated, for purposes of retiree medical and supplemental early retirement benefit, the same as an active employee who attains a "95 point" retirement.

 

 

 

8/1/05

Letter of Understanding

Credit Towards Pension for 25 Year Employees Who May Be Laid Off on or After 8/1/2005

Each employee who has 25 years or more of Company service as of 8/01/2005 who is placed on layoff on or after 8/01/2005 will, for purposes of calculating pension credited service, be treated as if the employee had been actively employed by the Company while on layoff. Further, each such employee will be treated for purposes of eligibility for a "95 point" retirement as if the employee had been actively employed by the Company while on layoff, and thereafter (even after the expiration of this Agreement) the Company will continue to treat each such employee as if the employee had been actively employed by the Company, so long as the employee remains on layoff; any such employee who retires or who becomes ineligible for recall shall stop accruing points towards a "95 point" retirement upon retirement or upon the date the employee became ineligible for recall.

For example, if a 62 year old employee who has 31 years of pension credited service is laid off on August 1, 2006, and is still on layoff on July 31, 2007, the employee will, on that date, become eligible for a "95 point" retirement (62 + 31 + 1 additional year of age + 1 additional year of service = 95) and will have 32 years of pension credited service for purposes of pension service credit (32/35) and the "pension service credit factor" and the "pension service fac-

 

 

 

 

 

 

 

 

 

 

 

tor" in Schedules VV and YY. For another example, if a 57 year old employee who has 32 years of pension credited service is laid off in August 2005 and remains on layoff for 3 years, that employee will become eligible for a "95 point" retirement (57 + 32 + 3 additional years of age + 3 additional years of service = 95) and will have 35 years of pension credited service for purposes of pension service credit (35/35) and the "pension service credit factor" and the "pension service factor" in Schedules VV and YY.

An employee who attains a "95 point" retirement pursuant to this Letter of Understanding will be treated, for purposes of retiree medical and supplemental early retirement benefit, the same as an active employee who attains a "95 point" retirement.

 

 

 

8/1/05

MEMORANDUM OF INTENT

 

During the term of the agreement, the Company intends to remove work from the 1201 S. Second Street facility (the Facility) consistent with the Letter of Understanding regarding Job Movement (Job Movement Letter). While the Company retains its right to eliminate all work in the departments listed in the Job Movement Letter during the term of the Agreement, the Company recognizes and has stated to the Union that D131 Turning, D132 Machining, and D153 Molding are different than the other listed departments, because these are the only production departments in which the Company employs retained journeymen. The Company recognizes that these retained journeymen possess skills, training, and flexibility which provide value to the Company, and which may make possible an ongoing presence of manufacturing employment in these departments for these employees. The Company will make no guarantees as to employment levels for these employees in the future, but the Company can envision scenarios in which work exists that allows ongoing employment of the retained journeymen in these departments.

 

 

 

 

 

 

 

 

 

 

 

Furthermore, the Company claims its rights in the Job Movement Letter to reduce employment levels in several departments listed in the letter that provide support functions to both production operations and the Facility. The Company intends to reduce employment within these departments only until the number of employees that remain match the needs of any remaining production as well as the needs of the Facility. The Company recognizes that several third-party firms (contractors) provide services to the Facility that may be able to be performed by retained journeymen employed in the maintenance trades departments. If the Company tentatively decides to lay off a retained journeyman from the maintenance trades, before finalizing that layoff the Company will first determine whether such employee has the skills to perform the work of these contractors, in which case the Company would not layoff the retained journeyman.

 

 

FLOATING HOLIDAYS

The Company and the Union agree on the following floating holidays:

2006 – 07/03/06

2007 – 08/31/07

2008 – 07/03/08

2009 – 07/03/09 (July 4th falls on a Saturday making July 3rd a holiday along with an additional holiday to be scheduled during 2009)

2010 – 07/02/10