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he so desires. If no satisfactory settlement is reached through this discussion, it shall be reduced to writing and processed in accordance with Step 2.

Step 2. If the grievance is appealed to Step 2, or if the Union desires to present a grievance, it shall be presented in writing, signed by the aggrieved employee or employees, and/or Union Steward on three (3) copies of a form mutually acceptable to the Company and the Union, which shall be furnished by the Company. The grievance shall be presented by the employee and/or his Steward to the employee's Supervisor, who shall within five (5) working days attempt to adjust such grievance and give his answer in writing to the grievant and/or his Steward. If the answer is satisfactory to the aggrieved, and/or the Union Steward, the original shall be turned over to the Supervisor, one (1) copy shall be retained by the Steward, and one (1) copy shall be forwarded to the Personnel Department. If the answer is unsatisfactory, the aggrieved and/or the Steward shall have five (5) working days in which to appeal the grievance to Step 3. If the grievance is not appealed within five (5) working days, the grievance shall be considered settled on the basis of the second step answer. The failure of the employee's supervisor to give an answer in writing within the time limit as specified above shall result in the grievance being settled in favor of the employee and/or the Union Steward.

Step 3. If the grievance is appealed to Step 3, the aggrieved and/or Steward shall discuss the grievance with the aggrieved employee's superintendent or his designated representative who shall, within five (5) working days, give his answer to the Steward in writing. If the aggrieved employee and/or Steward is not satisfied with the adjustment of the grievance in Stept 3, he shall state the reasons for his dissatisfaction with the answer, in writing, to the Personnel Manager or his designated representative. If the grievance is not appealed within five (5) working days, the grievance shall be considered settled on the basis of the third step answer. It is understood and agreed that at no time will more than one aggrieved employee accompany the Steward, even when a group grievance is involved. The failure of the Superintendent or his designated representative to give an answer in writing within the time limit as specified above shall result in the grievance being settled in favor of the employee and/or the Union Steward.

Step 4. If the grievance is appealed to the fourth step of the Grievance Procedure, the Personnel Manager or his designated representative shall meet with the Union Shop Committee within fifteen (15) calendar days, and reduce his decision to the grievance in writing within ten (10) working days following this meeting. At such a meeting the Union may have present local union officials and/or international representatives. If the answer rendered by the Company in the Fourth Step of the Grievance Procedure is not satisfactory, the Union shall, within fifteen (15) calendar days after receipt of such decision in writing, notify the Company in writing, if it desires to arbitrate the issue. If the grievance is not appealed to arbitration within fifteen (15) calendar days, the Company's fourth step answer shall be final and binding upon the aggrieved and the Union. The failure of the Personnel Manager or his designated representative to give an answer in writing within the time limit as specified above shall result in the grievance being settled in favor of the employee and/or the Union.

Time Limits: It is agreed that harmoniuos relations between the parties requires the prompt filing and disposition of grievances. A written grievance must be filed within ten (10) working days after the event occurs which gives rise to the grievance, or it will not be considered in the grievance procedure. Grievances involving discharges, suspensions, layoffs, or recalls must be filed within three (3) working days after the event occurs, which gives rise to the grievance, or they will not be considered in the grievance procedure. In no case where a grievance involves a payment of money will the Company be required to make payments covering a period of more than ten (10) working days prior to the date of filing of the grievance.

The failure of the Union and/or grievant to comply with the time limits set forth in the above sub-paragraph shall not result in the grievance being closed if the Union or the grievant did not have prior knowledge of the event. The burden of proof in any case in which it is claimed that the Union and/or the grievant did not have prior knowledge shall rest on the Union and/or the grievant.

Grievances will, however, regardless of reason, be considered to be waived if they are not submitted within thirty (30) days of occurrence of alleged violation.

Article XX

ARBITRATION

The Union properly utilizing all steps of the Grievance Procedure and desiring to submit an unresolved dispute concerning the interpretation or application or performance of the terms of this Agreement to arbitration, shall within the aforementioned fifteen (15) calendar day period, notify the Company in writing. The parties shall within twenty (20) calendar days thereafter agree on the selection of an arbitrator. In the event that the parties cannot agree on the selection of an arbitrator within the said twenty (20) calendar day period, then the party desiring arbitration must request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. Within ten (10) days of receipt of such list, the Union and the Company shall meet and shall alternately strike names from said list until only one (1) name remains, who shall be the arbitrator. In each instance the parties shall draw lots to determine who shall strike a name first.

The arbitrator shall have no power to add to, subtract from, or modify the terms of this agreement or any agreement supplementary hereto,

Should either party desire to submit a post arbitration brief, it will be submitted within one (1) week following completition of the hearing or receipt of the transcript, which ever is later.

The written decision of the arbitrator shall be final and binding on both parties. Such decision shall be rendered in writing, and the arbitrator shall endeavor to render his decision within one (1) week after the conclusion of the hearing or submission of post hearing briefs. The expense of the arbitration shall be borne equally by the Company and the Union.

Article XXI

GROUP INSURANCE PAY

The Company and the Union have agreed upon a group insurance program covered by separate agreement dated ----- and continuing until

Any questions of interpretation shall be governed by the language of the contract of insurance.

The administration of the group insurance program shall not be subject to the grievance and arbitration procedures of this Agreement.

Article XXII

UNION REPRESENTATION

Section 1. The Company recognizes the right of the Union to designate one (1) Chief Steward and two (2) Stewards from the plant seniority list and these Stewards shall comprise the Union Shop Committee. The Union Stewards shall be permitted to investigate and present grievances in accordance with the provisions of Article XIX-Grievance Procedure, of this Agreement. The Union Stewards shall be subject to the same Company rules and regulations as all other employees.

Section 2. The Union is responsible for notifying the Personnel Department in writing of the identity of the Stewards so appointed, within forty-eight (48) hours of the appointment.

Section 3. The Company recognizes that adequate Union representation is essential to proper administration of the terms of this Agreement. As such, the duly appointed stewards shall be allowed a reasonable amount of time to conduct Union business during working hours.

Section 4. Local Union officials and International Union officials shall be granted entrance into the Manufacturing portion of the Plant upon prior request to and approval by the Personnel Manager or his designated representative.

Article XXIII

BULLETIN BOARDS

The Company will provide a bulletin board which may be used by the Union for posting notices approved by the Company and restricted to:

(a) Notices of Union recreational and social affairs.

(b) Notices of Union elections.

(c) Notices of Union appointments and results of elections.

(d) Notices of Union Meetings.

(e) Notices of Union business.

The location of the bulletin board shall be determined by the Company. There shall be no other general distribution of posters or pamphlets, advertising or political matter, or notices of any kind, or literature, upon Company property by the Union or by any employees.

Article XXIV

PENSION PLAN

The Company and the Union have agreed upon a pension program covered by separate Agreement dated April 1, 1971 and continuing until March 31, 1974. The administration of the pension program shall not be subject to the grievance and arbitration procedure of this agreement.

Article XXV

ENTIRE AGREEMENT

This Agreement expresses the complete understanding of the parties on the subject of wages, hours of labor, and conditions of employment. However, this Agreement may be amended in writing by mutual agreement at any time. The Company and the Union agree to meet and discuss any problems that may arise out of the terms and conditions of employment.

The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter within the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are as set forth in this Agreement. Therefore, the Company and the Union for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject matter may not have been within the knowledge or contemplation of either or both parties at the time they negotiated or signed this Agreement.

Article XXVI

LEGALITY OF PROVISIONS

Should any provision or provisions of this Agreement, or any application thereof become unlawful by virtue of any Federal or State law, or executive order of the President of the United States pursuant to law, or final adjudication of any court of competent jurisdiction, the provision or application of a provision of this Agreement shall be modified in compliance with the law, order or final adjudication, but in all other respects the provisions of this Agreement shall continue in full force and effect for the life thereof.

Article XXVII

EXPIRATION

This Agreement shall be effective as of the

day of

shall remain in full force and effect for a period ending on the

19__, and day of

19, subject to a written notice of change or cancellation by either party served on the other, by registered or certified mail, sixty (60) days prior to the expiration date of

19__.

19__.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to

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LEVITT BUILDING SYSTEMS INC., BATTLE CREEK, MICH.

For the Union:

80-741 - 72 - 17

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO, LOCAL UNION.

THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA, AFL-CIO, LOCAL UNION.

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, LOCAL UNION.

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1 There shall be 1 from each of the 3 crafts and they shall receive the hourly rate of the highest paid craft in the area of those local unions signatory to this agreement.

Note: Wage rate progression-A new employee may be hired at 50 cents below the rate of his assigned classification. Such employee shall receive 15 cents per hour wage increase upon the completion of his probationary period and an additional 10 cents per hour wage increase each 30 calendar days until the rate of his classification is reached. Newly hired employees in labor grade 8 shall be paid a starting rate of not less than 10 cents below the grade 8 rate specified in each year above, and shall be increased to said rate at the end of their probationary period.

APPENDIX C.-SCHEDULE OF PAYROLL DEDUCTIONS FOR INITIATION FEES AND UNION DUES, LEVITT BUILDING SYSTEMS, INC., BATTLE CREEK, MICH.

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APPENDIX D.-SCHEDULE OF PAYROLL DEDUCTIONS FOR STUDENT EMPLOYEES ADMINISTRATIVE FEES, LEVITT BUILDING SYSTEMS INC., BATTLE CREEK, MICH.

1st week of each month, $2; 2nd week of each month, $2; 3rd week of each month, $2; 4th week of each month, $8.

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SEPTEMBER 23

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