Collective Bargaining Agreement

Between the

Shopmen’s Local Union 576

and

The Wendt Corporation

 TABLE OF CONTENTS
ARTICLE Description Page No.

Preamble ........................................................................................................................................ 1
ARTICLE 1: Recognition, Company Work, Temporary and Part Time Employees and
Student Interns .............................................................................................................................. 1
1.1. Union Recognition............................................................................................................ 1
1.2. Company Work ................................................................................................................. 1
1.3. Temporary Employees ...................................................................................................... 1
1.4. Interns............................................................................................................................... 1
1.5. Part-Time Employees ....................................................................................................... 2
ARTICLE 2: Prevailing and Management Rights ................................................................... 2
ARTICLE 3: International Union Not a Party ......................................................................... 5
ARTICLE 4: Non-Discrimination .............................................................................................. 5
ARTICLE 5: Professional Standards and Disciplinary Action ............................................... 5
5.1. Attendance Punctuality and Dependability ...................................................................... 5
5.2. Absence Without Notification ........................................................................................... 6
5.3. Point System ..................................................................................................................... 6
5.4. Absence Due to an “Act of God” ..................................................................................... 6
5.5. Definitions ........................................................................................................................ 6
5.6. Discipline ....................................................................................................................... 97
5.7. General Offense.............................................................................................................. 89
5.8. Appearance and Conduct ............................................................................................. 910
5.9. Zero Tolerance ............................................................ Error! Bookmark not defined.10
ARTICLE 6: Personnel Records .......................................................................................... 1010
ARTICLE 7: Work Schedules and Hours of Employment ................................................ 1111
7.1. Hours of Employment ................................................................................................. 1111
7.2. Rest Breaks and Meal Periods ................................................................................... 1112
7.3. Overtime ..................................................................................................................... 1212
ARTICLE 8: Reporting Pay ................................................................................................. 1213
ARTICLE 9: Probationary Period ....................................................................................... 1313
ARTICLE 10: Paid Time Off (PTO) (Full-Time Employees) ........................................... 1313
10.1. PTO accrual ........................................................................................................... 1313
10.2. Use of PTO ............................................................................................................. 1414

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 TABLE OF CONTENTS
ARTICLE Description Page No.
10.3. PTO Carry-Over ........................................................................................................ 1414
10.4. Unpaid Time Off ..................................................................................................... 1414
ARTICLE 11: Reserved ........................................................................................................ 1414
ARTICLE 12: Leave of Absence .......................................................................................... 1414
ARTICLE 13: Military Leave ............................................................................................... 1515
ARTICLE 14: Workers' Compensation, On-the-Job Injury, Illness and Disability ....... 1616
14.1. New York State Disability Insurance ...................................................................... 1616
14.2. Benefit Status During Compensation or Disability Leave...................................... 1616
ARTICLE 15: Modified or Light Duty Assignment ........................................................... 1717
ARTICLE 16: No Strike ........................................................................................................ 1717
ARTICLE 17: Insurance ....................................................................................................... 1818
17.1. Health Insurance .................................................................................................... 1818
17.2. Vision Plan ............................................................................................................. 1818
17.3. Dental Insurance .................................................................................................... 1818
17.4. Group Life Insurance.............................................................................................. 1818
17.5. Section 125 Plan ..................................................................................................... 1919
17.6. FSA (Flexible Spending Plan) ................................................................................ 1919
17.7. HSA (Health Savings Account) ............................................................................... 1919
ARTICLE 18: Union Related Matters ................................................................................. 1919
18.1. Bulletin Boards ....................................................................................................... 1919
18.2. Union Time ............................................................................................................. 1919
18.3. Plant Visitation ....................................................................................................... 2020
ARTICLE 19: Layoffs and Recalls ...................................................................................... 2020
19.1. Layoff ...................................................................................................................... 2020
19.2. Recall ...................................................................................................................... 2121
ARTICLE 20: Open Shop and Dues Deduction ................................................................. 2121
20.1. Open Shop............................................................................................................... 2121
20.2. Check-Off Union Dues—Initiation and/or Reinstatement Fees ............................. 2122
ARTICLE 21: Grievance and Arbitration .......................................................................... 2323
21.1. Grievance Procedure .............................................................................................. 2323
21.2. Arbitration .............................................................................................................. 2424
ARTICLE 22: Tuition Reimbursement ............................................................................... 2525

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 TABLE OF CONTENTS
ARTICLE Description Page No.
ARTICLE 23: Miscellaneous and General Provisions ....................................................... 2525
23.1. Employee Referral Program ................................................................................... 2525
23.2. Fitness Reimbursement Program (Full-Time Non-Probationary Employees) ....... 2626
ARTICLE 24: Voting and Jury Duty................................................................................... 2626
24.1. Voting...................................................................................................................... 2626
24.2. Jury Duty ................................................................................................................ 2626
24.3. Past Practices and No Maintenance of Benefits .................................................... 2626
ARTICLE 25: Wages and Pay .............................................................................................. 2727
25.1. Wages...................................................................................................................... 2727
25.2. Pay .......................................................................................................................... 2727
ARTICLE 26: Holidays ......................................................................................................... 2727
ARTICLE 27: Posting ........................................................................................................... 2828
ARTICLE 28: 401(k) Plan (Part-Time & Full-Time Regular Employees) ...................... 2828
ARTICLE 29: Performance Evaluations............................................................................. 2929
ARTICLE 30: Health and Safety ......................................................................................... 2929
30.1. Accidents and Emergencies .................................................................................... 2930
30.2. Evacuation Procedures........................................................................................... 3030
ARTICLE 31: Equipment ..................................................................................................... 3030
31.1. Tools ....................................................................................................................... 3030
31.2. Safety Shoes ............................................................................................................ 3030
31.3. Prescription Safety Glasses (Part-Time & Full-Time Regular Employees)........... 3031
ARTICLE 32: Family and Medical Leave Act and NYSPFL............................................ 3131
32.1. Family and Medical Leave (FMLA) ....................................................................... 3131
32.2. Employee Eligibility Criteria.................................................................................. 3131
32.3. Limitations on FMLA Leave ................................................................................... 3132
32.4. Intermittent or Reduced Work Schedule Leave ...................................................... 3232
32.5. Requests for FMLA Leave ...................................................................................... 3232
32.6. Use of Paid Leave ................................................................................................... 3333
32.7. Benefit Status During Family Medical Leave......................................................... 3333
32.8. Return from FMLA Leave ....................................................................................... 3333
32.9. New York Paid Family Leave (NYPFL) ................................................................. 3333
ARTICLE 33: Seniority ........................................................................................................ 3333

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 TABLE OF CONTENTS
ARTICLE Description Page No.
ARTICLE 34: Savings Clause .............................................................................................. 3434
ARTICLE 35: Finality and Duration ................................................................................... 3434
35.1. Finality.................................................................................................................... 3435
35.2. Duration.................................................................................................................. 3535

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 Preamble

This Agreement (“Agreement”) is entered into by and between The Wendt Corporation
(the “Company” or the “Employer”), and the Shopmen’s Local 576 (the “Union”).

The general purpose of this Agreement is to establish wages, hours and terms and
conditions of employment for employees that are included in the bargaining unit and to provide
an orderly procedure for the resolution of grievances.

Uses of gender references, “he” and “she” are considered interchangeable.

ARTICLE 1
Recognition, Company Work, Temporary and Part Time Employees and Student Interns
GTU @ 19:05

1.1. Union Recognition

The Company recognizes the Union as the exclusive representative and agent of the
following appropriate unit.

All full-time and regular part-time janitors, leadmen, welders, machine operators,
maintenance mechanics, fitters, assemblers, painters, machinists and shipping and receiving
clerks employed by the Employer at its facility located at 2555 Walden Avenue, Buffalo, New
York 14225, but excluding office clerical employees, guards, professional employees and
supervisors as defined by the National Labor Relations Act, for the purposes of collective
bargaining with respect to rates of pay, wages, hours of employment and other conditions of
employment.

1.2. Company Work

The parties agree that servicing the Company’s clients and producing product for those
customers is critical to the success of the Company. The parties recognize that there is no
concept of specific work at the Company that is only or can only be performed by a certain group
of employees, in other words, there is no work that is exclusively “bargaining unit” work. To
that end, the parties recognize that many different positions at the Company outside of the
bargaining unit, perform work similar to or even identical to those duties performed by members
of the bargaining unit, such as statutory supervisors, managers, field service personnel, tech
center employees, engineers, temporary employees, etc.

1.3. Temporary Employees

The parties recognize that the Company has historically used temporary employees and
that the Company will continue to use temporary employees.

1.4. Interns

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 The Company may engage one student intern per year who is participating in a
BOCES or a public school vocational training program. Such intern shall be limited to not
more than three (3) hours per day, not more than three days per week, and not more than six
weeks in a year. Such intern will shadow unit employees and may perform a limited amount
of company work, but his/her engagement shall not cause a layoff, a reduction in force,
reduction in work hours (inclusive of overtime), prevent the recall from layoff of bargaining
unit employees or take the place of hiring an employee into the bargaining unit. Such interns
shall be paid no less than the minimum rates established for the work operation they perform
and shall be provided with part-time level of benefits.

1.5. Part-Time Employees

The Company may utilize part-time employees at any given time.

ARTICLE 2
Prevailing and Management Rights

The Union expressly recognizes that it is the right of the Company except as expressly
modified by any provision of this Agreement, to exercise exclusively all of the normal and
inherent rights of management with respect to the Employer, including but not limited to, the
right to exercise control and discretion over its organization and operations to ensure efficiency.
Except as expressly modified by a specific provision of this Agreement, it is agreed:

 the Company reserves and retains, solely and exclusively, all of its inherent rights to
manage its business as such rights existed prior to the execution of any Agreement.
 the Company alone shall have the authority to determine and direct the policies, modes
and methods of operating the business.
 the Company shall not have any obligation to bargain about any decision or the effects of
any decision except as expressly required by a specific provision of this Agreement.
 without limiting the generality of the foregoing, it is specifically agreed that
management’s rights include but are not limited to, the right to determine, and from time
to time to re-determine and to change:

o the right to determine the nature, mix and extent of its production, maintenance
and services to be rendered;
o the right to determine the mission, purposes, the number, locations and types of its
plants and operations;
o the products to be manufactured or services to be rendered at or by the plant or at
any part of its business or by a third party;
o the right to move or to close its business or any part thereof;
o the right to transfer, outsource, reallocate and insource work;
o the right to subcontract work without limit and without qualification and it is
recognized by the parties that the Company has had a long and strong history of
contracting out and subcontracting out work, and shall continue to have the right
and ability to subcontract in the best interest of the business (in its sole
discretion);

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o the right to determine the equipment, machinery, products, methods, materials and
processes to be employed, used, operated, processed, sold, or distributed;
o the right to determine the supplies to be used;
o the right to discontinue or to automate processes or operations;
o the right to determine the number and types of equipment, machinery and
material;
o the right to determine qualifications of employees to perform the work assigned;
o the right to create, modify and terminate job classifications and to create and
modify the duties of those jobs classifications;
o the right to adopt and modify job descriptions;
o the right to make and enforce safety rules;
o the right to transfer, promote, and demote employees;
o the right to discipline, suspend and terminate employees for just cause;
o the right to determine the size and composition of the work force;
o the right to lay off employees for lack of work or other reasons;
o the right to disqualify employees, the right to determine the qualifications for new
employees and to select its employees;
o the right to assign initial wage rates in its sole discretion;
o the right to send employees for physical examinations relating to safety or their
health and qualifications to perform the job in question;
o the right to determine production schedules and methods of production and
shipping;
o the right to set wages for new hires and new jobs and modify those wages;
o the right to hire, promote, transfer, assign, lay off, relieve employees from duty
because of lack of work or other business reasons and to recall employees to
work;
o the right to reprimand, discharge, suspend or otherwise discipline employees for
proper cause;
o the right to determine and re-determine job content and prorate the amount and
types of work;
o the right to determine the assignment of work;
o the right to schedule the hours, shifts and days, including overtime and assigned
mandatory overtime, to be worked on each job and each shift;
o the right to establish and change individual work schedules and assignments;
o the right to assign and distribute available overtime work and to change
work schedules in order to minimize overtime work;
o the right to select and direct the work force in accordance with
requirements determined by management;
o the right to discontinue, transfer, reallocate, subcontract, outside contract,
insource or outsource or assign all or any part of its business operations
(including, but not limited to, production, maintenance, electrical, individual
parts, procedures, support functions including janitorial, etc.) to itself or any other
third party provider at any time and for any reason;
o the right to establish and change manning levels on a job, machine, equipment or
group of machines and equipment;

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 o to expand, reduce, alter, combine, transfer, assign or cease any job, job group,
department or operation;
o the right to control and regulate or discontinue the use of supplies, machinery,
equipment, real property, vehicles, and other property owned, used, possessed or
leased by the Company;
o standards of personal behavior on the job;
o qualitative and quantitative standards of performance and occupational health and
safety standards;
o the right to alter past work customs, traditions and practices;
o the right to determine and from time to time to change and to enforce (after
posting) plant rules, policies and regulations and to determine in advance the
appropriate corresponding discipline therefore;
o the right to utilize, place and operate videotape surveillance equipment in and
about the plant facility for any reason;
o the right to search employees;
o the right to determine the financial policies, accounting procedures, prices of
products sold and the organization of each distribution or production unit;
o the right to determine and enforce reasonable quality and quantity standards and
judge the workmanship required;
o the right to determine and enforce safety, health and property protection
measures;
o the right to temporarily suspend the provisions of this Agreement during extreme
emergency conditions, including but not limited to riots, civil disorders, force
majuer, and any adverse weather conditions;
o and otherwise the right generally to manage the plant and to direct the workforce.

The Company’s failure to exercise any function or right in a particular way shall not be
deemed a waiver of or limit on its right to exercise such functions or right in the future, whether
or not such function or right has been exercised by the Company in the past. The Company shall
not be required to bargain with the Union about the Company’s exercise of the reserved rights of
management during the term of this Agreement. It is agreed that the enumeration of
management prerogatives above shall not be deemed to exclude other management prerogatives
not specifically enumerated above but not limited by other specific provisions in this Agreement.
The Union recognizes that the Company shall not be bound, or restricted by, or required to
follow or refrain from following any practice, custom or procedure which was in effect prior to
this Agreement, or may be established during the term of this Agreement, unless specifically
required to do so elsewhere in this Agreement.

The Company will notify the Union of any decision to close all or part of an operation or
to permanently subcontract work that has been performed by the bargaining unit members
(whether solely by the bargaining unit members or additionally by others outside of the unit) and
will provide the Union with an opportunity to discuss the effects of the decision on bargaining
unit employees.

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 ARTICLE 3
International Union Not a Party
GTU 11/7/17

The International Association of Bridge, Structural, Ornamental and Reinforcing Iron

Workers, the parent body of the Union (hereinafter referred to as the “International”), while not a
party to this Agreement, will have liability for any wrongful acts in which it engages.

ARTICLE 4
Non-Discrimination
GTU 2/21/18 T/A 2/27/18

Neither the Company nor the Union shall pass, establish, or attempt to enforce any rule or
regulation or requirement which would constitute a violation of this Agreement, or be
inconsistent or in conflict with the provisions of this Agreement.

There shall be no discrimination against any employee, with respect to any term of
employment or otherwise, by reason of any protected category under law.

ARTICLE 5
Professional Standards and Disciplinary Action

5.1. Attendance Punctuality and Dependability

T/A 1/10/18

The Company depends heavily upon its employees, it is important that employees attend
work as scheduled. Dependability, attendance, punctuality, and a commitment to do the job are
essential at all times. As such, employees are expected at work on all scheduled work days and
during all scheduled work hours and to report to work on time. Moreover, an employee must
notify Human Resources as far in advance as possible, if he/she expects to be late or absent. A
careful record of absenteeism and tardiness is kept by Human Resources and becomes part of
the personnel record.

Unscheduled Absence – Any unexcused absence with less than twenty-four (24) hour notice to
the Company, and approved by a supervisor. Submission of form required.

When you place your call to the Company you must call a central call in number. If
someone does not answer, leave a message and then call back later to speak directly to
someone. When you speak to the central call in person you must advise him/her when you
expect to be back to your scheduled shift, and the reason for the absence. Use of benefit
time in these unscheduled situations is separate from application of the point system.

• Unscheduled absences (call-ins), due to illness for four (4) hours or more that
result in consecutive days absent from work are considered one absence incident
in relationship to potential disciplinary action.

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5.2. Absence Without Notification

If an employee does not report to work for a scheduled work shift and has not called in
for three (3) consecutive work days without notification, except under unusual circumstances, it
is considered job abandonment in NYS and will be deemed as a voluntary resignation.

5.3. Point System

Absences will be monitored by a Point System.

An unscheduled absence of four (4) hours or more, in one day One (1) Point

An unscheduled absence or tardy of less than four (4) hours, in one day One-half
(1/2) Point
Accumulated Points Warning Schedule

Four (4) Points: Verbal Warning issued (written memo in employee's file)
Six (6) Points: 1st Written Warning issued (copy in employee's file)
Eight (8) Points: 2nd and final Written Warning issued (copy in the employee's file)
Ten (10) Points: Immediate termination of employment.

Excused Absences – No Point Issued

• Absence from work due to Jury Duty, Bereavement, or plant accident.
• Absence required for a follow-up doctor appointment resulting from a plant accident.
• Military Leave, FMLA.
• Volunteer Fire or EMS Rescue as part of an organized Volunteer Fire
Department.

5.4. Absence Due to an “Act of God”

Employees will not be paid for time absent from regularly scheduled work due to an
“Act of God” such as severe rain or windstorms, snow or blizzard conditions, etc. However, no
attendance points will be given, for travel bans at employee's home, at the Company location, or
any towns the employee must travel through in a normal commute route.

Points will reset at the beginning of every calendar year. Employees with eight (8) points
who have perfect attendance for sixty (60) days will be given a one point credit.

5.5 Definitions

Major Offense: Partaking in one of the following acts is considered a Major Offense.

 Violations of the Company Zero Tolerance Drug Policy as defined herein.

 Acts of violence will not be tolerated. Any instances of violence must be reported to the
employee's supervisor and/or Human Resources.
o No employee, can engage in verbal threats such as threats to inflict harm with a

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 firearm and/or any type of weapon, vulgar/profane language, disparaging or
derogatory comments or slurs, verbal intimidation, exaggerated criticism or name
calling.
o No injuries may be inflicted on another employee by any type of weapon.
o No employee may hit, push, kick, hold, impede, or block the movement of another
person/employee.
Under no circumstances are the following items permitted on Company premises,
(including but not limited to) parking areas, Company vehicles, customer’s job sites,
hotel/motel rooms which are paid for by the Company: all firearms, all knives (unless
issued by the Company), all chemicals unless they are property of the Company, and
all explosives and any other object carried for the purpose of intimidation.
 Immoral conduct or indecency
 Failure to comply with any safety policy or posted safety signs where the failure to
comply does carry with it the possibility of imminent serious injury or death to the
employee or others.
 Harassing, interfering with or refusing to cooperate with coworkers in the performance of
their duties.
 Theft of Company property or services or intentional defacing or damage to Company or
personal property.
 Insubordination: Including, but not limited to, failure to follow Company policy,
Supervisors instructions, or assigned duties.
 Tampering, altering or falsifying time records, or recording time on another employee’s
time card
 Damaging machinery or equipment, wasting materials, or defacing WENDT Corporation
property
 Actions that result in complaints from customers, suppliers, or manufacturers that affect
WENDT’s reputation or business.

Major Offense Disciplinary Action: Immediate dismissal from employment and immediate
suspension of all corporate sponsored benefits (i.e.; health insurance, life insurance, etc.).

General Offense: Partaking in one of the following acts or violating rules is considered a General
Offense and therefore subject to the General Offense Disciplinary Action process as defined
herein:

 No food at plant work stations.

 Non-compliance to Plant Safety and Safety Apparel rules.
 Non-compliance with uniform rules.
 A breach of this Agreement not otherwise handled in the Major Offenses or addressed
with specific discipline provided in this Agreement.
 Work areas are to be kept clean and orderly at all times. At the end of the work day each
employee must straighten up his or her work area prior to leaving the plant.
 Practical jokes are prohibited.
 Horseplay is prohibited.
 All non-work, non-company provided signage is prohibited.

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  No radios shall be allowed to play on the shop floor.
 Employees must receive permission to leave their assigned work area.
 Personal cell phones and other personal electronic devices must be kept in cars or in
lockers and are not permitted on the shop floor.
 No listening of earbuds shall be permitted to be used by employees on the shop floor.
The only thing that shall be permitted over the employees’ ear is personal protective
equipment issued by the Company.
 Failure to work mandatory overtime.
 Failure to work overtime that the employee has committed to on a voluntary basis.
 Failure to work a second shift assignment.
 Employees who must smoke/vape are required to do so outside and not on work time
unless working outside and the act of smoking does not interfere with job performance.
 Failure to comply with any safety policy or posted safety signs where the failure to
comply does not carry with it the possibility of imminent serious injury or death to the
employee or others.
 The Company’s e-mail and internet access systems are to be used for business purposes
only. The e-mail system should not be used to send messages of a personal nature.
Individuals must refrain from using discriminatory or otherwise offensive comments,
vulgarities, obscenities, jokes, sarcasm or exaggeration in e-mail messages. E-mail
messages should be transmitted only to those individuals who have a business need to
receive them. All employees waive any right to privacy in e-mail messages and consent
to the access and disclosure of e-mail messages by authorized Company employees. The
Company reserves the right to access and disclose the contents of e-mail messages for
any lawful purpose. The Company has the right to perform monitoring of e-mail.
 No employee may solicit or accept gifts of significant value (i.e., in excess of $25.00),
lavish entertainment or other benefits from potential and actual customers, suppliers or
competitors.
 Once an employee scans in, work is to commence immediately. Failure to do so is
considered falsification of timekeeping records.
 Failure to report an injury within the work shift in which it occurs (excepting latent
discovery).
 Failure to report an accident within the work shift in which it occurs.
 All non-exempt plant employees are required to scan-in on their ID badges when they
begin their work day and scan-out when they have completed their work day. Scanning
ID badges accurately, and daily, is the direct responsibility of each employee. If an
employee forgets to scan-in, or scan-out, he/she must find his/her supervisor, and have
the supervisor enter the time of arrival, or departure, in the labor system to correct the
entry. No employee may scan in/out on another employee’s ID badge for him/her.
 Lunch time is thirty (30) minutes unless otherwise indicated. Plant employees who wish
to leave during their lunch period for personal business, ie: food purchases, etc. must
scan-out on their ID badge, and then scan-in upon their return to the plant.

5.6. Discipline

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 It is the Company’s right to establish rules and standards of performance and to discipline
employees in accordance with those standards. When discipline is applied, the Company shall,
normally, except for major offenses, use “progressive discipline” in an effort to correct
inappropriate conduct. However, there are situations which may not be spelled out here where
more severe discipline will be warranted without progressive applications. Supervisory
personnel are delegated the authority and responsibility for the proper direction, effectiveness,
efficiency, conduct, and discipline of subordinate personnel assigned to them. Discipline is an
action initiated and administered when positive corrective measures designed to train or effect
behavior change are unsuccessful in attaining satisfactory employee performance or an action
initiated and administered by a supervisor when an employee violates a rule, order, directive or
procedure. All disciplinary action taken toward non-probationary employees is subject to the
grievance process as provided in this Agreement.

5.7. General Offense Disciplinary Action

The Disciplinary action sequence (below) will generally be followed and offenses will
not be “siloed” by specific offense and each offense of whatever nature shall call for the next
step of progressive discipline:

1st Offense: Verbal Warning (with a written memo in the employee’s file)
2nd Offense: Written Warning
3rd Offense: Written Warning and three (3) day suspension, without pay
4th Offense: Termination of employment

All discipline stays in the employee’s personnel file for reference and for employee
performance history, but only discipline that is current to twenty-four (24) months can be used as
a predicate to advance through the progressive disciplinary steps. All discipline may be used by
the Company is considering whether to mitigate or not mitigate a termination from employment
in its sole discretion.

5.8. Appearance and Conduct

The Company will provide specific uniforms that unit employees must wear. Each
employee will be assigned and provided with a clean uniform daily. The Company expects
employees to maintain a neat, well-groomed professional appearance at all times. Hair should be
clean, combed, and neatly trimmed, or arranged in a traditional style. Shaggy, unkempt hair is
not permitted regardless of length. Sideburns, mustaches, and beards should be neatly trimmed.
Eccentric styles of facial hair will not be permitted. We are a professional organization and need
to convey that to both visitors and staff.

5.9 Zero Tolerance Drug Policy

The Company has a zero tolerance approach to illegal drug and alcohol use and
intoxication on the job and employees who violate the following rules and/or who test positive
for drugs or alcohol (without medical excuse or prescription) will be terminated from

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employment:

 Manufacturing, distributing, dispensing, possessing, or using any illegal drug, alcohol, or

controlled substance while on Company premises.
 The Company may random test. If selected for a random test, the employee must go
immediately to the collection area and submit a sample for testing. Refusal to submit a
sample, submit an adulterated sample and/or fail to properly complete documentation for
a random test, will be considered a refusal to test which will be treated as a test failure.
 Possession, or consumption, of intoxicants (alcohol/drugs) while on Company property,
in a Company vehicle, or at our Customers facilities) or under the influence of such or
intoxication such during work time.
 Employees involved in a work related incident where drug or alcohol use is suspected
and possibly contributed to the incident, will be subject to a drug test.
 Employees involved in an accident or safety related incident of any kind while in a
Company vehicle or while on Company time or on Company property, where the use of
drugs and/or alcohol is suspected will be subject to a drug test. The Company may
require an employee who contributed to an accident be tested, if there is reasonable cause
to believe that the accident may have resulted from the use of drugs.
 Employees suspected of being unfit for duty due to substance abuse shall be escorted by a
designated Company representative, to the authorized testing location. The employee’s
cooperation with the escort and the collection procedures will be required. Refusal to
cooperate in the collection procedure, or refusal to take the test, is not permitted.
 In the event an employee is under the care of a physician and is taking prescribed
medication that might impair the ability to perform a job safely, the employee should
notify management in advance of starting work.

ARTICLE 6
Personnel Records

Employees' personnel files will be maintained in the Human Resources Department

and/or with our PEO. With advance notice of one day, an employee shall have the right to
inspect his/her personnel file on breaks and during meal periods. With proper notice a current
employee may review material in his or her file but only in the Human Resources Department
and only in the presence of Human Resources.

To keep necessary Company records up to date, it is extremely important that you notify
Human Resources of any changes in:

 Name and/or marital status

 Address and/or telephone number
 Number of eligible dependents
 W-4 deductions
 Person to contact in case of emergency

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 Employees shall be notified when any personnel file record has been released to a third
party. Documentation noting the date and identity, if known, of the individual/organization
requesting the personnel file record shall be placed in the personnel file.

ARTICLE 7
Work Schedules and Hours of Employment

7.1. Hours of Employment

Based on proposal GTU 11/14/17

(A) The regular work day regardless of shift shall run eight and one half (8 ½) hours and
included in that time shall be a one half (½) hour uninterrupted unpaid meal period which
shall be taken by the employee mid-way between the starting and ending time of the shift.

(B) Assigned shifts shall commence between the hours of 6:00 am and 8:00 am as set by
management. The second and third shift, if any, may have slight overlap.

(C) Notice to employees of changes in shift times shall be given by the Employer as soon as
possible but unless there are unusual circumstances, the notice shall be a minimum of one
work week. Different employees may be assigned to work different hours depending on
assignments and within the above parameters. Employees may be mandated to second or
third shift for temporary periods by skill and ability.

(D) The regular work week shall generally consist of forty (40) hours and will be any
consecutive five (5) day period for scheduled employees unless (E) below is adopted.
Notice to employees of changes in work days shall be given by the Employer as soon as
possible but unless there are unusual circumstances, the notice shall be a minimum of one
work week.

(E) The Company may implement a four (4) day work schedule of ten (10) hour days upon
reasonable notice considering the circumstances.

(F) The foregoing provisions of this Article are not intended to be construed as a guarantee
of either hours of work per day and/or per week, and/or particular days of work per week.
The regular scheduled work week for each employee shall begin with the starting of his
or her regularly scheduled shift on the starting day of such assigned shift.

7.2. Rest Breaks and Meal Periods

Employees are only entitled to a rest break and a meal period, as noted below regardless
of the time of shift start:

The ten (10) minute break shall commence at 9:00 am and 2:00 pm. 12 noon to 12:30 pm
shall be the uniform meal period.

Employees shall have a five minute (5) wash-up period preceding the meal period.

11
7.3. Overtime

Overtime may be mandated by the Company for bargaining unit employees. In such
events overtime shall, considering without limitation, the type and location of work, skill levels
of the employees and other legitimate business factors, be assigned to employees by the
Company, in its discretion. Such assignment shall not be unlawfully discriminatory. When, in
the opinion of the Company, it is necessary to work overtime, employees assigned to such work,
as hereinabove provided, shall be given advance notice as is practicable under the circumstances.
A supervisor's approval is needed prior to working any hours in excess of the employee’s regular
workday schedule.

(A) Overtime Wages (Non-Holiday Week)

Employees will be compensated for overtime at a rate of one and one-half (1 ½) times
their base hourly rate for hours that are worked in excess of the first forty (40) hours
worked in any one work week.

(B) Overtime Wages (Holiday/PTO Week)

Holiday and vacation hours will count towards the base forty (40) straight time hours for
hourly employees. Any hours worked after the base forty (40) hours will then be
considered overtime and paid at time and one-half (1 ½) of the employee’s base rate.

Example: Mon. Holiday/PTO (8 hrs.)

Tues. 10 hours worked
Wed. 10 hours worked
Thurs. 10 hours worked
Fri. 12 hours worked
50 = 32 straight time hrs + 8 Holiday + 10 overtime hrs

(C) Second Shift Rate Premium

Plant employees will be paid a shift rate premium when working a non-first shift
schedule. Two dollars ($2.00) per hour will be added to the employee’s base hourly rate
for working any shift other than first.

ARTICLE 8
Reporting Pay
T/A 10/24/17

(A) Any employee who is scheduled or required to and does report for work on any day and
is not put to work for at least four (4) hours shall be paid at the applicable rate for four (4)
hours’ actual work on that day.

(B) Any employee who, having left the plant, by order of the Company, reports for work
during the twelve (12) consecutive hours immediately following the regular quitting time

12
 of his or her regular shift shall, for all time worked during such twelve (12) hour period,
be paid the applicable rate therefore, or such employee shall receive four (4) hours’ pay at
the applicable rate, whichever is greater.

(C) Any employee injured at the Company’s plant, who is sent to a doctor or healthcare
facility shall be paid by the Company the applicable wage rate for such time thereby lost
on such day by such employee; and if he or she shall, on any subsequent day on which he
or she performs work for the Company go for follow-up treatment during his or her
regular working hours, he or she shall be paid by the Company the applicable wage rate
for such time thereby lost on such day by such employee (not to exceed two (2) hours
pay). The employee shall endeavor to schedule such follow-ups on non-work time.

ARTICLE 9
Probationary Period

Each new employee shall work an initial period of ninety (90) calendar days which shall
be considered a probationary period. During this period it shall be within the sole discretion of
the Company to determine the qualification of the probationary employee and to terminate such
employee if qualifications are inadequate. The parties can mutually agree to extend the
probationary period.

ARTICLE 10
Paid Time Off (PTO) (Full-Time Employees)

10.1. PTO accrual

Each employee will accrue PTO, based on their length of service as defined below,
which will be banked until PTO is taken. The first year is a partial year; any employee hired
prior to July 1st will receive PTO. Employees hired July 1st and after will not receive PTO until
the first day of the following year.

YEARS OF SERVICE PTO HOURS

Partial Year
0
(Hired July 1st and after)
Partial Year
60
(Hired before July 1st)
1st & 2nd full year 80
3rd 120
4th 128
5th 136
6th 144
7th 152
8th and up 160

13
10.2. Use of PTO

Written notification is required using the PTO request form provided or e-mail, that will
be submitted to the employee’s supervisor and Human Resources. The Company will attempt
to grant each employee the vacation dates he/she requests based on the needs of the Company.

PTO taken will be subtracted from the employee's accrued time bank in one hour
increments. PTO requires two (2) days of notice to the supervisor and Human Resources
unless the PTO is used for legitimate, unexpected illness or emergencies. If the employee
would like to utilize PTO without the two (2) days of notice in the case of legitimate,
unexpected illness or emergencies, the employee can only have two (2) occurrences of this
use within a one year period. All use of PTO without notice will still be subject to the
attendance policy. When calling off of work due to an unexpected illness or emergency the
employee must let his/her supervisor know if the employee would like PTO subtracted from
the employee’s PTO bank, otherwise the employee will not be paid for that time off.

10.3. PTO Carry-Over

Each employee may carry forty (40) hours of accrued PTO over into a new calendar year
but the same must be utilized by March 31. Employees are responsible for monitoring and
taking their PTO over the course of a year so that they do not lose time accrued when the current
calendar year ends. Employees are paid for the PTO they have accrued during the current year
and have not used at termination of employment.

10.4. Unpaid Time Off

Employees are not permitted to take unpaid time off. Violations will be subject to the
Attendance Policy.

ARTICLE 11
Reserved

ARTICLE 12
Leave of Absence
T/A 10/24/17

(A) Leaves of absences, without pay, shall be granted by the Company to any employee for
reasonable cause, without prejudice to the employee’s seniority or other rights.
Application for leave of absence must be made in writing to a representative of the
Company designated by it for such purpose, and be approved in writing by such
Company representative. A copy of the employee’s application and approval thereof
shall be given to the Chief Shop Steward for the Union. Such leave of absence will be
for a period of not more than sixty (60) days, but may be extended for reasonable cause
by mutual agreement between the Company and the Union. Any employee elected or
appointed as a Union officer, or as a delegate to any labor activity, necessitating a leave
of absence, shall be granted such leave without pay for the period of such position,
including any renewals thereof. Employees granted “leaves of absences” under this

14
 subsection shall be re-employed by the Company at the end of such leave if work is
available in accordance with his or her accumulated seniority and, in any event, shall be
re-employed as soon as work is available in accordance with such employee’s seniority
status.

If an employee has an official position of Union President, Fin. Sec. Rec. Sec., and/or
business agent with the Union he/she shall be permitted up to eight (8) hours of unpaid
time off for such duties per month, upon forty-eight (48) hours’ notice to the Company.

(B) In the event of a death in the immediate family (mother, father, spouse, children, brother,
sister, grandparents, grandchildren, step-mother, step-father, step-siblings, mother-in-law,
father-in-law, brother-in-law and sister-in-law) of an employee, such employee shall be
permitted to take such time off as may be necessary subject to the limits of subsection A.
Such employee shall be paid for eight (8) hours at his or her regular straight-time hourly
rate for each regular work-day so taken, but not to exceed three (3) days’ pay. Such paid
days are to be taken within a reasonable time after the death. For deaths of a mother-in-
law, father-in-law, brother-in-law or sister-in-law employees shall be permitted to take
such time off as may be necessary (subject to the limits of subsection A) but shall receive
pay for one day.

(C) The Company shall give employees time off with pay to secure a renewal of any license
which is necessary in connection with his or her work. The Company shall also pay for
the cost of such renewal.

When the Company determines it requires additional licensed employees, it shall select
the most senior qualified employee to apply for the same. The employee shall be given
time off with pay to take the actual test and the Company shall pay for the test as well as
for the license.

ARTICLE 13
Military Leave
T/A 3/21/18

The Company shall comply with all Federal and State statutes pertaining to the rights
and benefits of employees engaged in military service (e.g., The Uniformed Services
Employment and Re-employment Rights Act of 1994). All regular full-time bargaining unit
employees who serve in an active duty status (including required military training) will be paid
the difference between their regular base pay and their service base pay for a period not to
exceed twenty (20) days: payment will be made upon return to work and presentation of military
pay voucher. If the military leave exceeds twenty (20) days, employees may choose to use
accrued vacation time for any additional military leave not covered in the preceding sentence.

Participants in health insurance, life insurance, or disability insurance will have their
coverage continued and paid for by the Company for the first ninety (90) days of leave.

An employee whose military service has ended, must return to work or inform the Company
that he or she wants to be reinstated in accordance with these guidelines:

15
  Less than thirty-one (31) days service: By the beginning of the first regularly
scheduled work period after the end of the calendar day of duty, plus time required to
return home safely and a one day rest period. If this is impossible or unreasonable,
then as soon as possible.
 Thirty-one (31) to one hundred eighty (180) days: The employee must request
reinstatement no later than fourteen (14) days after completion of military service. If
this is impossible or unreasonable through no fault of the employee, then as soon as
possible.
 One hundred eighty-one (181) days or more: The employee must apply for request
reinstatement no later than ninety (90) days after completion of military service.
 Service-connected injury or illness: Reporting or request for reinstatement deadlines
are extended for up to two (2) years for persons who are hospitalized or
convalescing.

Employees must notify Human Resources as soon as possible of the date they will
commence military leave.

ARTICLE 14
Workers' Compensation, On-the-Job Injury, Illness and Disability

14.1. New York State Disability Insurance

Employees are eligible for short-term disability benefits in New York State in accordance
with the law. Disability leave is counted toward the twelve (12) weeks allowed under the Family
and Medical Leave Act, if the employee is FMLA eligible.

Employees who are on disability or compensation leave must keep in contact with
Human Resources on a regular basis. The employee/Human Resources contact will allow for the
monitoring of rehabilitation, recovery and return to work status.

14.2. Benefit Status During Compensation or Disability Leave

Participants in health insurance, life insurance, or disability insurance, programs through

the Company will have their coverage continued during workers’ compensation or disability
leave for ninety (90) days. During the ninety (90) day period the employee is responsible for
payment of his/her premium contribution for the applicable benefits. The employee’s premium
payments must be made in advance, on a monthly basis (check payable to ESC). If payment is
not received on time the benefit(s) will be terminated. On the 91 st day of the workers’
compensation or disability leave all Company benefits will cease as will employment.

Before returning to work, a return to work statement from the treating physician must
be submitted to Human Resources, authorizing the employee's return to work without any
work restrictions or with restrictions that can be reasonably accommodated by the Company.

16
 Upon return from disability or workers’ compensation leave, the employee will be placed
in the same position the employee held before the leave or an equivalent position with equivalent
pay, benefits and other employment terms. An employee is entitled to reinstatement only if
he/she would have continued to be employed had leave not been taken. An employee is not
entitled to reinstatement if, because of a layoff, reduction in force or other reason, the employee
would not be employed at the time job restoration is sought.

All situations involving work related and non-work related injury/illness shall be
treated by the Company in a manner consistent with the Family Medical Leave Act, the
Americans With Disabilities Act (“ADA”) and all other applicable laws and regulations.

A long term supplemental disability policy is offered to bargaining unit employees

solely at the employee’s cost. The terms of that plan are governed by the Plan Document and
Summary Plan Description if any.

ARTICLE 15
Modified or Light Duty Assignment

There is no light duty work or modified work assignments. The Company will however,
comply with the ADA’s requirement to reasonably accommodate qualified individuals with a
disability within the meaning of the statute.

ARTICLE 16
No Strike

The Company and the Union agree that the grievance procedures provided herein are
adequate to provide a fair and final determination of all grievances arising under the terms of
this Agreement. It is the desire of the Union and the Company to avoid strikes, lockouts and
work stoppages.

The Company agrees not to cause, permit or engage in any lockout of its employees
during the term of this Agreement. The Union agrees that neither it nor its members
individually or collectively will, during the term of this Agreement, cause, permit, or take part
in any strike, picketing, sit-down, stand-in, slow-down, or curtailment or restriction of
production or interference of work in or about the Company’s plants or premises or any other
facility or worksite where work is being performed by Company employees or otherwise. The
term “intentional slowdown of production” shall mean a condition of willful restriction or
reduction of production by any employee that is within such employee’s reasonable control.

There shall be no liability on the part of the Union for any such interruption of production
not authorized, caused, aided, ratified or condoned by the Union, provided the Union shall
declare publically and to its members individually that such interruption of production is
unauthorized by the Union and shall further make every effort to end such interruption of
production. Consistent with the law, any employee engaging in strike, slow-down, stay-in, or
other curtailment or restriction of production or interference with the work in or about the
Company’s plants or premises during the life of this Agreement or anyone who intimidates,

17
threatens, or induces another employee to take part in any such act shall be terminated from their
employment.

ARTICLE 17
Insurance

17.1. Health Insurance

The Company currently offers any employee who works more than thirty (30) hours per
week, the first of the month following their sixtieth (60) day of employmentcompletion of the
probationary period, health coverage under a point of service plan or a HDHP (“High Deductible
Health Plan”). The Employer will cover 75% of the high deductible health care premium and the
employee is responsible for the remainder of the premium. If the employee wishes to upgrade
beyond the HDHP to the Point of Service plan, the employee will pay all increased costs above
the 75% of the HDHP premium paid for by the Company. The employee’s participation in the
plans are covered under the terms of the plans. A complete description of the plans is provided
to each employee. Employees who choose not to participate in the health insurance plan will be
required to sign a Refusal Form stating that they have been offered the Company sponsored
health insurance and have waived coverage. Such employees will receive compensation equal to
$100 per month, which will be paid quarterly.

17.2. Vision Plan

The Company offers a vision plan through ESC which is 100% employee paid. All
premiums are paid through payroll deduction. Regular full-time employees who work forty (40)
hours or more per week are eligible for this benefit on the first day of the month following their
ninety (90) day probationary period.

17.3. Dental Insurance

Regular full-time employees who work forty (40) hours or more per week are eligible for
a dental plan selected by the Company on the first day of the month following their ninety (90)
day probationary period. The dental plan is 100% employee paid.

17.4. Group Life Insurance

Regular full-time employees passing their probationary period are covered by an

employer-paid basic group term life policy. Each policy generally pays a death benefit as
follows: eligible employees may enroll in Group Life Insurance which is equal to 1x annual
earnings, up to a maximum of $50,000. Annual earnings means an employee’s annual rate of
earnings as figured from the W-2 form received by the employee for the prior calendar year.
Additional details surrounding benefit reductions are described in the Summary Plan
Descriptions (“SPD”) provided to all eligible employees.

18
17.5. Section 125 Plan

Participation in the Section 125 Plan is offered to regular, full-time employees who have
completed their sixtieth (60 day of employmentprobationary period. Employees participating
contribute payments to the plan(s) via payroll deduction. Included in the Company’s plan are:
Health Insurance – POS, Health Insurance – HDHP.

17.6. FSA (Flexible Spending Plan)

ESC offers a flexible spending account (“FSA”) plan, fully paid for by the employee and
subject to that plans’ rules and governing documents.

17.7. HSA (Health Savings Account)

A health savings account (“HAS”) is a tax-advantaged medical savings account available

to employees who are enrolled in a HDHP. The funds contributed to an account are not subject
to federal income tax at the time of deposit. HSA funds roll over and accumulate year to year if
not spent. Contributions are made into the account by the employee only, except the Employer
will do an initial contribution on a one time basis upon enrollment in the plan of $500.00. The
contributions are invested over time and can be used to pay for qualified medical expenses,
which include most medical care such as copays, prescriptions as well as dental and vision
expenses.

ARTICLE 18
Union Related Matters

18.1. Bulletin Boards

TA

The Employer will provide a bulletin board for the exclusive use of the Union for the
purpose of posting bulletins, notices, and material issued by the Union, including but not limited
to, Union committee appointments, Union elections; as well as seniority lists and job postings
issued by the Employer. Material issued by the Union shall be signed and dated by a designated
official of the organization. No such material shall be posted which is profane, obscene, or
defamatory of the Employer or those acting as its representatives, or which constitutes political
election campaign material for or against any person, organization, or faction thereof.

18.2. Union Time

Employees may not attend Union meetings or deal with Union related matters during
their scheduled work hours (except for breaks) unless written permission is extended by Human
Resources. Union representatives and Union Officers/members shall not meet with, talk to or
otherwise communicate with employees during work time to discuss any aspect of Union related
business without the express written agreement of Human Resources given in advance of the
meeting or conversation. Union representatives or officers who are permitted by Human
Resources to conduct Union business during scheduled working hours shall not be compensated
for that time, but may use accrued PTO, if available.
19
18.3. Plant Visitation

A representative n employee of the Union shall be permitted to visit the Company

facility in the event that a grievance or a matter involving the representation of employees
requires inspection of the facility or access to the facility to check facts. The Union
representative shall give advance written notice (can be by e-mail or text) to Human Resources
of the need to access the facility at least forty-eight (48) hours prior to the required visit time and
the exact purpose of the inspection. All such investigations if involving access to Union
personnel shall be performed outside of work hours or on break time. At no time shall
production be interfered with.

ARTICLE 19
Layoffs and Recalls
(Based on proposal GTU 1/24/18 5:30 pm)

19.1. Layoff

When the Company decides that it must reduce its forces the following shall apply:

1. The Company may choose to first seek volunteers prior to involuntarily laying off
employees, all volunteers to be subject to the Company’s approval to volunteer.
2. All temporary employees to the extent that any are currently working shall be laid off
first, as long as necessary skills remain to continue production at the facility during
the layoff period.
3. All probationary employees (to the extent that there is a back fill in that classification
remaining) shall be reduced next.
4. All part-timers (including seasonal/retired/summer) shall then be reduced.

After the above occurs, employees shall be selected for layoff according to skill and
ability within the functions necessary to continue production at the facility during the layoff
period. In the event skill and ability are equal as between two (2) employees for selection for
layoff, then seniority within the employee’s normal job classification will be the tie breaker. If
seniority is equal, social security numbers will be the tie breaker with the lowest final four (4)
digits taking preference.

Employees on layoff shall use benefit time available during the layoff period. The Union
shall be supplied with the list of the names of employees on layoff and date of layoff. An
employee on layoff must maintain a current cell phone number, e-mail address and updated
mailing address with the Employer. All benefits paid on behalf of employees shall cease at the
last day of the month of layoff and shall resume on the first of the month following recall.

The provisions of this Article apply only to layoffs resulting from a shortage of work or
production requirements or other management decision and shall not be applicable when all or a
part of the operations are forced to shut down due to conditions which are beyond the control of
the Company such as power failures, weather emergencies, fire, flood, wind damage, civil

20
disorders and/or other catastrophes. In such case, management will utilize discretion to decide
what employees, if any, are needed during such emergent conditions.

19.2. Recall

No temporary employees, part-time employees or probationary employees shall be

recalled prior to full-time employees. However, in the event that the Company cannot get a
commitment from a current recalled employee to return to work immediately, the Company has
the right to fill the position with such temporary employees or part-time employees as may be
necessary to assure production during the three (3) day recall waiting period.

Upon notice of recall which may be by telephone call, text, e-mail or letter, the employee
shall have three (3) work days to report to work. If the employee fails to report to work their
seniority shall be forfeited and they shall have their employment rights with the Company
extinguished.

Employees shall be recalled first by skill and ability necessary to continue production at
the plant. In the event skill and ability are equal as between two (2) employees for recall, then
seniority within the employee’s job classification will be the tie breaker. If seniority is equal,
social security numbers will be the tie breaker with the lowest final four (4) digits taking
preference.

Employees will not be able to use PTO for the thirty (30) day period following their
return to work, except that PTO may be used for sick or personal reasons for up to two (2) days
within the thirty (30) day period.

ARTICLE 20
Open Shop and Dues Deduction

20.1. Open Shop

Employees covered by this Agreement may choose to voluntarily become or remain

Union members. Union membership in good standing and/or Union dues paying is not required
in order to remain employed at the Company. If such employee chooses to join the Union or
remain a member, that employee shall be subject to dues deduction as noted below.

Temporary, contract and/or casual employees and summer interns shall be excluded from
the terms of this Article.

If the Union becomes aware of a candidate for employment who possesses skills
commensurate with an open position at the Company, the Union may choose to send a copy of
that employee’s resume to the Company for consideration.

20.2. Check-Off Union Dues—Initiation and/or Reinstatement Fees

21
(A) Upon receipt of an authorization signed by any employee who joins the Union, the
Company shall, pursuant to the provisions of such authorization, deduct from such
employee's earnings, on the first pay-day in each month, the amount owed to the Union by
each such employee for Union dues; however, should any such employee have no earnings
due him or her on the first pay-day in any month or should such employee's earnings be
less than the amount such employee owes the Union for dues, then, in that event, the
deduction shall be made from the employee's earnings on the next succeeding pay-day on
which his or her earnings are sufficient to cover the amount of dues owed to the Union by
such employee. Before the 20th day of each month, the Company shall mail to the
Financial Secretary of the Union a check made payable to the Union for the amount of
dues the Company has withheld during such month, which shall be accompanied by a list,
in duplicate, containing the names of the employees and the amount deducted from each
such employee's earnings. Upon receipt of such check and list, said Financial Secretary of
the Union shall sign one copy of such list, acknowledging receipt thereof, and promptly
return such signed list to the Company.

(B) The Union shall keep the Company informed of the amount of monthly dues. Such dues
shall not be changed except in accordance with the applicable provisions of the
International Constitution and/or By-Laws of the Union and, in such event, the Financial
Secretary of the Union shall notify the Company, in writing, and the amount of monthly
dues as so changed shall thereafter be deducted by the Company from each such
employee's earnings. The aforementioned authorization directing the Company to make
the deductions as hereinabove provided for, when signed by an employee, shall be
coextensive with the employee’s membership in the Union.

(C) Upon receipt of an authorization signed by any employee to whom this Agreement is
applicable, the Company shall withhold from such employee's earnings the amount
specified therein for payment of Initiation and/or Reinstatement Fee. Such amount
specified in such authorization shall be withheld from the earnings of such employee in
accordance with the provisions of such authorization and shall be transmitted to the
Financial Secretary of the Union in the same manner as prescribed in Subsection (A)
above with respect to Union dues which are withheld by the Company; and when the full
amount of such fee has been withheld from such employee's earnings and transmitted to
the Union, such authorization shall be null and void and shall thereafter have no further
force or effect.

(D) It is expressly understood and agreed that, upon receipt of proper proof, the Union will
refund to the Company, or to the employee involved, any Union dues, Initiation and/or
Reinstatement Fees erroneously withheld from an employee's earnings by the Company
and paid to the Union.

(E) The Union agrees to indemnify and save the Company harmless against any and all
claims, demands, suits, or other forms of liability that shall arise out of or by reason of
action taken or not taken with respect to dues and initiation fees made pursuant to the
provisions of this Article.

22
 ARTICLE 21
Grievance and Arbitration
GTU 11/14/17

21.1. Grievance Procedure

(A) A Chief Shop Steward and Assistant Chief Shop Steward may be appointed by the
Union from among its members employed by the Company. Should the Company
employ a second and/or third shift, the Union may appoint an additional Steward for
each shift if the Chief Shop Steward and/or the Assistant Chief Shop Steward are not on
such new shifts. The Union shall keep the Company immediately informed of the
names of its members who have been appointed into such roles.

(B) The Chief Shop Steward, Assistant Chief Shop Steward and such other second or third
shift steward shall constitute the Shop Committee. Stewards shall not be discriminated
against for performing their duties as hereinafter provided for, nor shall any employee
be discriminated against for presenting a grievance or dispute or consulting with a Shop
Steward about any complaint or grievance he or she may have. Unless the grievance
concerns a matter of safety, such consultation shall not be on work time.

(C-1) Should a grievance or dispute arise between the Company and the Union in connection
with the application interpretation, or alleged violation of any provision of this
Agreement, the complaining or aggrieved party shall serve notice thereof, in writing,
on the other not later than five (5) work days from the date the grievance or dispute
occurred or comes to the attention of the complaining or aggrieved party; and within
the ten (10) work days immediately following receipt of such written notice a
designated representative(s) of the Union and a designated representative(s) of the
Company shall make an earnest effort to settle such grievance or dispute; and failing to
do so, the matter shall, upon written notice of either party to the other, be submitted to
arbitration in accordance with the arbitration provisions hereinafter set forth in this
Agreement.

(C-2) Should a grievance or dispute arise between the Company and an employee(s) or the
Company and the Union, an earnest effort shall be made to settle such grievance or
dispute in the following manner:

Step 1. By the complaining employee(s), applicable Steward, and the

Company’s Human Resources Department and by the Company, to the
Union. A meeting shall be held to discuss the grievance between the
parties within five (5) working days of the date of the grievance. A
written response shall be given by the non-aggrieved party within five
(5) working days of the meeting. If not settled or withdrawn, the
grievance or dispute shall be processed as provided for in Step 2.

Step 2. The parties shall have a further meeting on the grievance with a member
of the Union present. The non-aggrieved party shall render a decision,

23
 in writing, within three (3) work days following the day on which the
grievance or dispute is presented in this Step 2. Such decision shall be
considered as satisfactory and the grievance or dispute considered
settled unless the aggrieved party notifies the other, in writing, within
fifteen (15) work days after the three (3) day period of consideration, as
hereinabove provided for in this Step 2, that it is the desire of the
aggrieved party that the grievance or dispute be submitted to arbitration
in accordance with the arbitration provisions hereinafter set forth.

The processing of grievances or disputes as delineated herein may be during regular

scheduled work hours if the parties agree, otherwise the same will be held immediately
at the end of the work day.

(D) The Shop Stewards shall have and possess power and authority to act for and bind the
Union according to the law of agency.

(E) Compliance with the time limits set forth in this provision shall be a condition
precedent to arbitration.

21.2. Arbitration

(A) Any grievance or dispute between the Company and the Union or between the
Company and an employee(s) that has been processed in accordance with the
provisions of the preceding section of this Agreement but not satisfactorily settled shall,
upon the written request of either party to this Agreement, be submitted to arbitration
by an impartial arbitrator to be selected by mutual agreement of the parties. The
Federal Mediation and Conciliation Service (“FMCS”) shall be requested to submit the
names of at least seven (7) disinterested persons qualified and willing to act as impartial
arbitrators who are local to Western New York. Either party may strike fully one panel
and ask for a replacement panel from the FMCS. From such list, the Company and the
Union shall each alternately strike one name until all but one name has been eliminated
and the name which remains on the list shall be selected to act as the impartial
arbitrator. The procedure to be followed in submitting the difference or dispute to the
arbitrator shall, unless agreed upon by the parties within three (3) work days after the
selection of the arbitrator, be determined by the arbitrator himself/herself. The
arbitrator shall be requested to submit his/her decision, in writing, within thirty (30)
days after the conclusion of the hearing or hearings, as the case may be, and the
decision of the arbitrator so rendered shall be final and binding upon the employee(s)
involved and upon the parties to this Agreement and judgment thereon may be entered
in any court having jurisdiction. The compensation and necessary expenses of the
arbitrator shall be borne equally by the Company and the Union.

(B) The arbitrator shall not have the right to add to, subtract from, modify or disregard any
of the terms or provisions of this Agreement. It is understood that an arbitrator may
award back pay, if appropriate, and only if the grievant has used reasonable diligence to
search for comparable employment and/or appropriately mitigated his/her damages. Any

24
 dispute between the parties as to the interpretation or construction to be placed upon the
award made as hereinabove provided for shall be submitted to the impartial arbitrator
who made the award, who may thereupon construe or interpret the award so far as
necessary to clarify the same, but without changing the substance thereof and such
interpretation or construction shall be binding upon all parties.

ARTICLE 22
Tuition Reimbursement

In accordance with the below terms, the Company will reimburse all eligible full-time
employees 50% of their tuition fees, limited to $1,000 per year.

Requirements:

 The employee must be non-probationary.

 The educational course must be pre-approved by the Company and directly related to the
employee’s job position/function, or, the proposed course must ultimately benefit the
Company by having the employee attend.
 Employee reimbursement is payable after the course has been successfully completed with a
passing grade.
 Employee must submit documentation of passing grade.
 Employee must submit a dated paid receipt for the class attended.

Hours spent at school for courses attended will not count towards weekly hours worked.
Employees will not be reimbursed for the following:

 Travel time to/from school.

 Books/Workbooks.
 Supplies needed for the course.
 Student fees or late charges.
 Anything else not explicitly covered by this Article.

ARTICLE 23
Miscellaneous and General Provisions

23.1. Employee Referral Program

The Company appreciates recommendations made by existing non-probationary

employees for qualified employees. If an employee recommends someone who is hired on a
full-time, permanent basis and who is still employed by the Company after ninety (90) days, the
employee is eligible to be paid a recruiting bonus. The referral fee for a full-time employee is
$250.

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23.2. Fitness Reimbursement Program (Full-Time Non-Probationary Employees)

The Company will provide a reimbursement of up to $20.00 per month, to employees that
attend a fitness center a minimum of eight (8) times a month. Reimbursement will only be given
for the months that individuals fulfill their minimum of eight (8) visits. Submission of
documentation of confirmed attendance is required for reimbursement. Employees who do not
take part in the Company’s health insurance are still eligible to participate. An eligible fitness
center is one that has cardiovascular equipment, muscular conditioning equipment and aerobic
conditioning training programs. Expenses that are not eligible for reimbursement are those for
golf clubs, ski resorts, in-home personal trainers, recreational sports, and purchases of personal
fitness equipment.

ARTICLE 24
Voting and Jury Duty

24.1. Voting

During a primary, special or general election, an Employee who is registered to vote,

whose scheduled work hours do not allow sufficient time to vote, shall be allowed up to two (2)
hours off from work with pay for this purpose. If the polls are open two (2) hours before or
after the employee's scheduled work period, it shall be considered sufficient time for the
employee to vote and the employee shall not be entitled to take time off from work with pay to
vote. Employees must apply for voting leave not more than ten (10) nor less than two (2)
working days prior to Election Day.

24.2. Jury Duty

Employees will receive full pay while serving up to two (2) weeks of jury or subpoenaed
witness duty per year. After two (2) weeks, employees will receive unpaid time off for the
duration of jury or witness duty. Employees must notify their supervisor of the need for time off
for jury or witness duty as soon as a notice or summons from the court or subpoena is received.
Any jury duty or witness duty fees will be integrated with any payments made by the Company
such that at no time will employees receive more than their regular compensation. If work time
remains after any day of jury or witness duty, the employee will be expected to return to work
for the remainder of his/her work schedule. Upon returning to work, employees are required to
provide a copy of the release form after serving jury or witness duty. An employee who is a
party to a lawsuit will not receive paid time off related to the lawsuit.

24.3. Past Practices and No Maintenance of Benefits

The parties recognize that there have been various past practices not reduced to writing
that have taken many forms such as benefits, policies, discipline or lack thereof, etc. It is the
parties intent that as of the execution of this Agreement all such past practices, policies and other
prior actions shall cease to exist and that this Agreement shall be the only document that informs
the parties actions.

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 ARTICLE 25
Wages and Pay

25.1. Wages

The pay scales attached as Exhibit A shall be effective during the duration of this
Agreement.

All employees hired shall be paid at least the minimum hourly rate for that classification.
Employees shall only be paid wages for their current assigned classification regardless of work
performed.

25.2. Pay
T/A 11/7/17

(A) Employees shall be paid on a regular designated pay day once each week by payroll
check.

(B) The Employer, if a business need arises, may change the day of the week that pay occurs.
If such occurs, the Employer will bargain the effects of the decision to change the date
with the Union.

(C) When an employee is laid off or discharged, he or she shall receive their last paycheck on
the next regular pay date following the termination.

(D) Employees may choose to direct deposit their check into an account/accounts designated
by the employee by form provided by the Employer.

(E) There shall be no piece work or contract work by the employees and all work shall be
hourly compensated.

ARTICLE 26
Holidays

All full-time employees, including probationary employees are eligible for eight (8) paid
holidays per year as follows:

New Year’s Day Labor Day

Good Friday Thanksgiving Day
Memorial Day Thanksgiving Day – After
Independence Day Christmas Day

Where a holiday falls on a weekend, it will be observed on either the preceding Friday or
following Monday. At the end of each year the holiday schedule for the coming year will be
posted on the bulletin board.

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 To be eligible for Holiday Pay, an employee must be a full-time employee.

ARTICLE 27
Posting
Company 3/21/18

All vacancies and promotions for Shop positions covered by the Agreement shall be
posted for two (2) weeks. Any unit employee who is interested shall submit their resume and
cover letter to Human Resources. A Union Steward shall be responsible for notifying any unit
member on vacation or leave of the posting and shall bring the employee’s interest to Human
Resources for consideration.

The Company favors hiring current employees over outside employees assuming the
employee is qualified for the position but historically the Company recruits externally
concurrently with internal postings and that practice shall continue for efficiency and time. In
the event that two (2) employee applicants are relatively equal in qualifications, the employee
with the most plant seniority shall be considered above other plant unit employees (qualified
plus), but it is recognized that the Company will hire the most qualified candidate, whether
internal or external.

A “vacancy” for the purpose of this Agreement is an actual position vacancy, not a gap in
work due to illness, leave or other time off of unit employees.

ARTICLE 28
401(k) Plan (Part-Time & Full-Time Regular Employees)

The Company offers employees membership in a 401(k) plan.

Employee Voluntary Deferral – Eligible employees will have the opportunity to enroll
in a payroll deducted savings plan. These contributions are tax deferred. The Company will
match 100% of an employee’s 401k plan contribution, up to 3% of their gross weekly wages.
Any additional investment on your behalf is also tax deferred. Employer contributions are
vested on a graded schedule, based on years of service.

Years of
Vesting
Service
Less than one 0%
1 0%
2 20%
3 40%
4 60%
5 80%
6 100%

Automatic enrollment takes place on the first quarter after the employee’s ninety (90) day
probationary period has ended. Human Resources will meet with eligible employees four (4)

28
weeks prior to enrollment eligibility to explain the details and options available in the plan. To
be eligible for the 401(k) plan, employees must be regular full-time or part-time employees,
nineteen (19) years or older, and have successfully completed their ninety (90) day probationary Formatted: Highlight
period. The details of the Plan are controlled by the Plan Document.

ARTICLE 29
Performance Evaluations

The Company will endeavor to conduct performance evaluations once a year, but the
parties recognize that production schedule and other concerns may interfere with that schedule.
Skill and ability will be evaluated at this time.

ARTICLE 30
Health and Safety
GTU 8/14/17

(A) The parties hereto recognize the importance of safety in the plant both for the welfare of
the employees and the protection of the Company’s property. There shall be a permanent
Safety Committee consisting of as many members as the Company decides in its sole and
exclusive discretion. The Union shall be able to recommend two (2) members to such
committee, who absent good reason, shall be appointed by the Company to the
Committee. If either of the two (2) recommended appointees of the Union are not
approved by the Company then the Union shall recommend others with the objective
being that the Union appoints two (2) members to the Committee, if feasible. This
Committee may submit recommendations calculated to assure a safe environment and
safe working conditions.

(B) In the event “walkaround” safety inspections are conducted by either the Department of
Labor of the State of New York or United States OSHA, the Chief Shop Steward or
Assistant Chief Shop Steward, as the case may be, by virtue of his/her position as a
Safety Committeeman, shall be permitted to participate in such inspections without any
loss of wages or other benefits.

(C) The Safety Committee provided for herein is empowered only to make recommendations.
In accordance with the requirements of OSHA, the Company has exclusive responsibility
to insure the safety and health of its employees and compliance with such safety and
health rules and standards.

(D) The Company will provide required PPE at its sole cost and expense unless an allowance
is specifically provided for herein (i.e., safety shoes and prescription safety glasses).

(E) Safety rules must be followed by employees, signage must be adhered to, and if the
employee has been trained the employee must comply with that training content.
Violation of these rules will result in a disciplinary action.

30.1. Accidents and Emergencies

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 The Company operates under a “good Samaritan” program. Employees must contact
their supervisor, the nearest supervisor, and/or 911 in the event of an accident or emergency.
When an injury is sustained while at work, it must be reported immediately to the employee's
supervisor, who in turn will notify Human Resources of the incident. Failure to report accidents
is a serious matter subject to discipline. All accidents and injuries incurred in the plant during
work hours, must be reported as soon as the injury occurs, no matter how minor. Reporting an
accident consists of the completion of an Accident Report filled out by the injured
employee. The report is then verified and signed by a supervisor or Human Resources. If the
injury requires immediate medical attention the employee must leave the Plant for treatment and
the employee will not be permitted to transport themselves. If you are unable to return to work
after treatment for your injury, you must telephone your Accident Report in to your supervisor.

30.2. Evacuation Procedures

In the event of an emergency such as an explosion, fire, gas leak, chemical spill, etc., it
may be necessary to evacuate the building. Employees must follow the Company’s evacuation
procedures.

ARTICLE 31
Equipment

31.1. Tools

The Company will reimburse production employees 50% of the purchase price of job
related tools, with a reimbursement cap of $500.00 per year. All tool purchases must be pre-
approved by the employee’s supervisor. The tools purchased must be job related and
productivity enhancing. Employees must present a store receipt showing the date of purchase,
item(s) purchased, and amount paid, to their supervisor. The supervisor will initial the receipt
and forward it to Human Resources for reimbursement. If an employee would like to purchase a
tool from one of the Company’s vendors, in order to take advantage of the Company discount,
purchasing will supply them with the appropriate account information so they can purchase the
item personally.

31.2. Safety Shoes

The Company will contribute towards the purchase of steel-toe safety shoes for non-
probationary employees, with a cap of $200.00 per year. Eligible employees are those whose job
function requires them to pass beyond the yellow lines in the Shop. Employees must present a
store receipt showing the date of purchase, item purchased, and amount paid, to their supervisor.
The supervisor will initial the receipt and then forward it to Human Resources for reimbursement
processing.

31.3. Prescription Safety Glasses (Part-Time & Full-Time Regular Employees)

The Company will contribute towards the purchase of Company approved prescription
safety glasses for non-probationary employees, with the reimbursement cap at $150.00 per year.

30
The Company’s written policy on safety glasses controls and all elements must be complied with
in order to receive reimbursement. If an employee chooses to purchase glasses every two (2)
years he/she may “carry-over” the 1st year allotment of $150.00 to the 2nd year, and purchase a
pair of glasses totaling up to $300.00. Reimbursement will be for the exact cost of the glasses
(not to exceed $300.00). No tinted/shaded lenses allowed. A sales receipt, indicating conformity
to the above specifications, must be provided to become eligible for Company benefit
reimbursement.

ARTICLE 32
Family and Medical Leave Act and NYSPFL

32.1. Family and Medical Leave (FMLA)

The Family and Medical Leave Act (“FMLA”) provides eligible employees with up to
twelve (12) work weeks of unpaid leave for certain family and medical reasons during a twelve
(12) month period. The twelve (12) month period is a rolling twelve (12) month period
measured backward from the date an employee uses any FMLA leave.

32.2. Employee Eligibility Criteria

To be eligible for FMLA leave, an employee must have been employed by the Company:

 for at least twelve (12) months;

 for at least 1,250 hours during the twelve (12) month period immediately preceding
the commencement of the leave; and
 at a worksite (a) with fifty (50) or more employees; or (b) where fifty (50) or more
employees are located within seventy (75) miles of the worksite.

FMLA leave may be taken for any one, or for a combination of, the following reasons:

 the birth of the employee's child or to care for the newborn child.
 the placement of a child with the employee for adoption or foster care or to care for
the newly placed child.
 to care for the employee's spouse, child or parent (but not in-law) with a serious
health condition.
 employee’s own serious health condition that makes the employee unable to perform
one or more of the essential functions of his or her job.

A “serious health condition” is an injury, illness, impairment, or physical or mental

condition that involves inpatient care or continuing treatment by a health care provider.

32.3. Limitations on FMLA Leave

Leave to care for a newborn or for a newly placed child must conclude within twelve (12)
months after the birth or placement of the child. When both spouses are employed by the
Company, they are together entitled to a combined total of twelve (12) work weeks of FMLA

31
leave within the designated twelve (12) month period for the birth, adoption or foster care
placement of a child with the employees, for aftercare of the newborn or newly placed child, and
to care for a parent (but not in-law) with a serious health condition. Each spouse may be entitled
to additional FMLA leave for other FMLA qualifying reasons (i.e., the difference between the
leave taken individually for any of the above reasons and twelve (12) work weeks, but not more
than a total of twelve (12) work weeks per person). For example, if each spouse took six (6)
weeks of leave to care for a newborn child, each could later use an additional 6 weeks due to
his/her own serious health condition or to care for a child with a serious health condition.

32.4. Intermittent or Reduced Work Schedule Leave

Intermittent leave is leave taken in separate blocks of time. A reduced work schedule
leave is a leave schedule that reduces an employee's usual number of hours per work week or
hours per workday. If an employee takes leave intermittently or on a reduced work schedule
basis, the employee must, when requested, attempt to schedule the leave so as not to unduly
disrupt the Company’s operations.

During this leave, an eligible employee is entitled to continued group health plan
coverage as if the employee had continued to work.

32.5. Requests for FMLA Leave

When leave is foreseeable for childbirth, placement of a child or planned medical

treatment for the employee's or family member's serious health condition, the employee must
provide the Company with at least thirty (30) days advance notice. When the timing of the leave
is not foreseeable, the employee must provide the Company with notice of the need for leave as
soon as practicable (i.e., within one or two (2) business days of learning of the need for the
leave).

When leave is taken to care for a family member, the Company may require that the
employee to provide documentation or statement of family relationship (e.g., birth certificate or
court document). An employee will be required to submit medical certification from a health
care provider to support a request for FMLA leave for the employee's or a family member's
serious health condition.

During FMLA leave, the Company may request that the employee provide recertification
of a serious health condition at intervals in accordance with the FMLA. In addition, during
FMLA leave, the employee must provide the Company with periodic reports regarding the
employee's status and intent to return to work.

Before the employee returns to work from FMLA leave for the employee's own serious
health condition, the employee is required to submit a return to work form from the employee's
health care provider, with respect to the condition for which the leave was taken, stating that the
employee is able to resume work. FMLA leave or return to work may be delayed or denied if the
appropriate documentation is not provided in a timely manner. Also, a failure to provide

32
requested documentation of the reason for an absence from work may lead to termination of
employment.

32.6. Use of Paid Leave

FMLA provides eligible employees with up to twelve (12) work weeks of unpaid leave.
If an employee has accrued PTO the employee must use any qualifying PTO during the FMLA
leave.

32.7. Benefit Status During Family Medical Leave

Coverage is continued during FMLA as though the employee were employed and the
employee is responsible for payment of his/her premium contribution for the applicable benefits.
The employee’s premium payments must be made in advance, on a monthly basis (check
payable to the Company). If payment is not received on time the benefit(s) will be terminated.

32.8. Return from FMLA Leave

Upon return from FMLA leave, the Company will place the employee in the same
position the employee held before the leave or an equivalent position with equivalent pay,
benefits and other employment terms. An employee is entitled to reinstatement only if he/she
would have continued to be employed had leave not been taken. Thus, an employee is not
entitled to reinstatement if, because of a layoff, reduction in force or other reason, the employee
would not be employed at the time job restoration is sought.

32.9. New York Paid Family Leave (NYPFL)

The Company will provide PFL in accordance with the law and applicable regulations
and subject to carrier requirements.

ARTICLE 33
Seniority
Based on 10/3/17 GTU

(A) Seniority, for the purposes of this Agreement shall be the length of unbroken service of
an employee with the Employer from the date of hire of the employee unless broken by
any of the conditions listed below. Employment with the Company ends when seniority
is terminated.

 Justifiable discharge;
 Voluntary quit;
 An employee’s absence from work for a continuous period of three (3) successive
working days or more without reasonable cause;
 Failure to report for work upon recall from layoff as delineated in the Article on
layoff in this Agreement;

33
  Absence due to disability or layoff, which is continued for more than a ninety (90)
day period;
 Absence due to a compensable injury or illness, as defined by the New York State
Worker’s Compensation Board, for more than a ninety (90) day period; and
 Death of the employee.

(B) If at any time an employee is determined to be totally and/or permanently disabled by a

physician or governmental agency, their employment will be immediately
administratively terminated and their seniority and employment with the Employer will
end.

(C) Any bargaining unit employee that is promoted to a position outside the unit, shall have
ninety (90) days to return to the unit without loss of seniority in their job classification.
(From 9/20/17 @ 18:43)

(D) Shift Preference.

A senior employee may exercise his or her seniority for the purpose of shift preference
over the most junior employee in the same classification and level on a job he or she is
qualified to perform. Such shift preference may not be exercised more than once in any
twelve (12) month period.

Any exercise of seniority for shift preference under this section, however, will constitute
the start of a new twelve (12) month period. In all cases of employees exercising
seniority for shift preference, such preference shall be subject to the approval of the
Company in determining whether any case would result in an inefficient operational
situation.

ARTICLE 34
Savings Clause
T/A 8/21/17

It is assumed by the parties hereto that each provision of this Agreement is in conformity
with all applicable laws. Should it later be determined that it would be a violation of any law to
comply with any provision or provisions of this Agreement, the parties hereto agree to
renegotiate such provision or provisions of this Agreement for the purpose of making them
conform to such law and the other provisions of this Agreement shall not be affected thereby.

ARTICLE 35
Finality and Duration

35.1. Finality

This Agreement for its duration constitutes the complete and total collective bargaining
agreement between the Company and the Union with respect to wages, hours of work, benefits
and other terms and conditions of employment. This Agreement supersedes all prior agreements

34
and understanding whether oral, written, express or implied, between the Company and the
Union with regard to these matters. No delay or omission by the Company or the Union in
exercising any right under this Agreement will operate as a waiver of that or any other right. A
waiver given by the Company or the Union on any one occasion is effective only in that instance
and will not be construed as a bar to or waiver of any right on any other occasion.

35.2. Duration

This Agreement shall continue in full force and effect until the last day of the twenty-four
month period following the effective date delineated below.) If either party desires to terminate this
Agreement it shall, sixty (60) days prior to the termination date, give written notice of termination.
If neither party shall give notice of termination, or withdraws the same prior to the termination date
of this Agreement, it shall continue in full force and effect from year to year thereafter, subject to
notice of termination by either party on sixty (60) days written notice prior to the current
anniversary date of termination. If one party gives notice it intends to terminate the Agreement,
such notice shall be deemed sufficient to reopen the Agreement for both parties.

Notice of termination or modification shall be in writing and shall be sufficient if sent by

certified mail.

The effective date of this Agreement is ____________________.

WITNESS WHEREOF, the parties hereto have hereunto signed their names the day and
year first above written.

SHOPMEN’S UNION LOCAL 576

By: ___________________________

Date: __________________________

WENDT CORPORATION

By: ___________________________

Date: __________________________

35
 EXHIBIT A
Job Title Wendt Rate
Assembler $22.00/Hour
Fitter $24.00/Hour
Lead Man, Fabrication $28.00/Hour
Machine Operator $20.00/Hour
Machinist $20.00/Hour
Maintenance Mechanic $26.50/Hour
Lead Man, Material Handler $22.00/Hour
Janitor $15.00/Hour
Painter $22.00/Hour
Shipping/Receiving Clerk $20.00/Hour
Welder $22.00/Hour

Any employee whose current wage for their classification is above the above referenced rate
shall not suffer a decrease in pay upon the execution of this Agreement (“Red Circled”). On the
second anniversary of the execution of this Agreement the above rates shall be increased by 2%
(“2019 Rate”) and shall remain exactly the same thereafter until such time as the Company and
the Union agree to further wage increases, if any. If a Red Circled employee’s rate is still higher
than the 2019 Rate, he shall remain at his/her Red Circled Rate.

36