LABOR
AGREEMENT
THIS AGREEMENT BY AND BETWEEN
SIMPSON TACOMA KRAFT COMPANY, LLC
and the
PAPER, ALLIED-INDUSTRIAL CHEMICAL
& ENERGY WORKERS INTERNATIONAL
and its affiliated Locals No. 8-237 and 8-586
Page No.
3
Payroll
Deduction of Union Dues
10
Scheduling
Working Time & Days Off
14
Starting
& Stopping Work/Tour Workers
15
Starting
& Stopping Work/Day Workers
16
Hiring,
Warnings, Suspensions & Discharges
Signature
Page
Exhibit
A – Wage Schedule
THIS AGREEMENT by and Between Simpson Tacoma Kraft Company, LLC
Tacoma, Washington hereinafter referred to as the Signatory Company, party of
the first part, and the PAPER, ALLIED-INDUSTRIAL CHEMICAL
&
ENERGY WORKERS INTERNATIONAL UNION (PACE)(an unincorporated association) and its affiliated Locals No. 8-237
and 8-586, hereinafter referred to as the Signatory Union, party of the second
part, executed as of September 1, 2003.
WITNESSETH:
SECTION 1 - GENERAL PURPOSE OF AGREEMENT:
1.01 The
general purpose of this Agreement is, in the mutual interest of the employer
and employee, to provide for the operation of the plant hereinafter mentioned
under methods which will further, to the fullest extent possible, the safety,
welfare and health of the employees, economy of operation, quality and quantity
of output, cleanliness of plant and protection of property. It is recognized by this Agreement to be the
duty of the Company and the employees to cooperate fully, individually and collectively,
for the advancement of said conditions.
1.02 Management
of the Signatory Company agrees to explain fully the terms of this Agreement to
all officials, foremen and the others engaged in a supervisory capacity.
SECTION 2 - RECOGNITION:
2.01 Simpson
recognizes the PACE acting as the sole
collective bargaining representative for all employees performing production
work listed in the wage schedule of this agreement, but does not include
employees engaged as clerical or professional employees, security or
supervisory employees as defined by the N.L.R.A. sales, engineering, drafting,
research or technical occupations requiring professional training. Such recognition is limited to employees of
Simpson working at the facilities of the Simpson Tacoma Kraft Company, LLC
located at
2.02 In
the hiring of the employees, the Signatory Company will give preference to
former employees who are qualified to perform the work available.
2.03 All
employees shall, as a condition of employment, become and remain a member of
the Signatory Union on or after the thirtieth day following the beginning of
such employment, or the effective date of this Agreement, whichever is the
later. The period of thirty days named
above may be extended, as to any individual employee, by mutual agreement
between the Local Union concerned and the local management of the Signatory
Company. In the event that the Local
Union and the local management do not agree as to the propriety of any such
extension, the extension may be made by mutual agreement between the Signatory
Union and the Signatory Company. Any
such extension shall be for the purpose of avoiding hardship or inequity to the
employee concerned, and for promoting the general purpose of this Agreement.
2.04 The
Signatory Union, or its Local Union involved, may request the Signatory Company
to discharge an employee on account of his or her failure to comply with the
provisions of this Section 2. Any such
request shall be in writing and shall include written evidence offered in
support thereof, and copy shall be delivered to the Company and the employee
involved. Within ten days after receipt
by both the Company and the employee of such request, and after the Company has
held a hearing, if demanded by any affected party, the Company shall determine
and, in writing, notify the
2.05 This
recognition clause shall not be construed to alter any party's rights regarding
the transfer of work or contracting out of work.
SECTION 3 - PAYROLL DEDUCTION OF UNION DUES:
3.01 Upon
the filing with the Signatory Company, by the Financial Secretary of the Local
Union, of a written authorization, in form satisfactory to the Company, signed
by any individual employee who is a member of said Local Union, the Company
during the life of this Agreement shall deduct from the wages due such employee
the amounts specified in said authorization on account of Union initiation fees
and dues. Each such authorization shall
be irrevocable until the termination date of this Agreement or until one year
from the date of the authorization, whichever occurs sooner. The authorization shall thereafter remain in
force until revoked by the employee by written notice to the Company.
3.02 The
Financial Secretary of the Local Union, or an authorized representative of the
Local Union, whose authorization has been filed in writing with the Company
shall certify to the Company (1) that he has witnessed the employee's signature
of the authorization, and (2) that the Signatory employee is a member of the
Local Union, and (3) the amount of regular dues to be deducted, which may be
revised only by written notice from the Financial Secretary given in advance to
the Company.
3.03 The
Signatory Company shall pay over to the Financial Secretary of the Local Union
the amount of deductions made in accordance with authorization filed and shall
receive therefore the written receipt of the said Financial Secretary in the
name of the Local Union. The details as
to making of deductions and payments of same to the Local Union shall be arranged
by the said Financial Secretary and the Signatory Company in such manner as
most conveniently fits into the established payroll procedures of the Company
and results in payments to the Local Union once a month or oftener.
3.04 Any
deductions made by the Company under the provisions of this Section shall be
deemed trust funds until remitted to the Local Union, but such funds need not
be kept separate from the Company's general funds. The Signatory Union agrees the Company shall
be saved harmless with respect to all deductions made and paid to its Local in
accordance with the provision of this Section.
SECTION 4 - JURISDICTION:
4.01 It
is understood that the Signatory Company will not be asked to act upon any
question regarding jurisdiction which may arise between the Signatory Union and
any other
4.02 This
section recognizes that there are many cooperative work practices existing
under the current Labor Agreement. This
section is not meant to change those existing practices, but to enhance the
current practices to ensure the efficient operation of the mill.
4.03 The
Company and the
4.04 Although
employees will be expected to work primarily in their regular jobs, employees
will be expected to assist each other, and perform work outside of their
regular assignment anywhere in the mill to the extent their skills permit, in
order to mitigate immediate safety risks, quality problems, environmental
disruptions, or production loss. Employees temporarily assigned to other work
under this paragraph will not be replaced on their regular jobs, unless the
assignment is necessary in order to provide skills which are not available
without the assignment.
4.05 An
employee whose regular job is not operating may be assigned to any other work
within their
4.06 It
is understood that all employees are expected to assist other employees as
needed to the extent their skill and availability allows, in the preparation
and performance of maintenance repair.
4.07 Employees
will not receive formal training in order to be assigned under this
section. Employees may receive minimal
training and orientation in order to complete necessary work and work safely.
Employees will not be disciplined for improper work when assigned to work for
which they have not received the necessary training.
SECTION 5 - NO INTERRUPTION OF WORK:
5.01 It
is expressly agreed that during the term of this contract there shall be no
work slowdowns, stoppages, strikes, or sympathy strikes nor picketing of any
kind or form whatsoever; these no-strike provisions shall be broadly construed
to prohibit all strikes by employees, no matter the reason for the strike. It is agreed there shall be no lockouts by
the Signatory Company during the period of this Agreement.
5.02 In
the event that in violation of the provisions of the preceding paragraph, a
strike, walkout, or other interruption of work shall occur in the mill of the
Signatory Company, neither the Signatory Union nor the Local Union shall be
subject to financial liability for such violation provided that the Signatory
Union and the Local Union involved immediately after the beginning of such
violation shall have (1) publicly declared such action a violation of this
Agreement, and (2) in utmost good faith used its best efforts to terminate such
violation, it being further agreed that any employee participating in such
violation shall in the discretion of the Signatory Company be subject to
immediate discharge or other disciplinary action.
SECTION 6 - HOLIDAYS:
6.01 There
shall be fourteen (14) holidays during each year, namely:
Length
Designation (Hrs.) Starting Time Ending
Time Restricted
Memorial
Day 24
July
3rd 24
Independence
Day 24
Labor
Day 24