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AGREEMENT between

CONTINENTAL COMMERCIAL PRODUCTS LLC

and

SERVICE EMPLOYEES INTERNATIONAL UNION CTW, CLC LOCAL 1, MISSOURI DIVISION

December 22, 2007 to December 22, 2010

INDEX OF ARTICLES
AGREEMENT............................................................................ PAGE 1 ARTICLE 1. INTENT AND PURPOSE..........................................................PAGE 1 ARTICLE 2. DEFINITION..............................................................................PAGE 1 ARTICLE 3. RECOGNITION.........................................................................PAGE 1 ARTICLE 4. UNION SECURITY CLAUSE..................................................PAGES 1 - 2 ARTICLE 5. CHECKOFF OF DUES AND INITIATION FEES.................PAGES 2 - 3 ARTICLE 6. HOURS OF WORK....................................................................PAGES 3 - 6 ARTICLE 7. MANAGEMENT PREROGATIVES........................................PAGE 6 ARTICLE 8. LEAVES OF ABSENCES...........................................................PAGES 7 - 8 ARTICLE 9. SAFETY AND HEALTH............................................................PAGE 8 ARTICLE 10. STRIKES AND LOCK-OUTS.................................................PAGES 8 - 9 ARTICLE 11. SENIORITY...............................................................................PAGES 9 - 11 ARTICLE 12. GRIEVANCE PROCEDURE...................................................PAGES 11 - 14 ARTICLE 13. JOB BIDDING...........................................................................PAGES 14 - 16 ARTICLE 14. WAGES.......................................................................................PAGES 16 - 17 ARTICLE 15. VACATIONS..............................................................................PAGES 17 - 19 ARTICLE 16. HOLIDAY PAY...........................................................................PAGES 19 - 20 ARTICLE 17. INVALIDATION CLAUSE.......................................................PAGES 20 - 21 ARTICLE 18. HEALTH AND WELFARE.......................................................PAGE 21 ARTICLE 18A. PENSION TRUST FUND.......................................................PAGES 21 - 22

TABLE OF ARTICLES (Continued) ARTICLE 18B. DENTAL PLAN........................................................................PAGES 22 - 23 ARTICLE 19. REFERRALS...............................................................................PAGE 23 ARTICLE 20. FUNERAL PAY............................................................................PAGE 23 ARTICLE 21. JURY DUTY.................................................................................PAGES 23 -24 ARTICLE 22. EQUAL EMPLOYMENT OPPORTUNITY.............................PAGE 24 ARTICLE 23. MISCELLANEOUS....................................................................PAGES 24 - 26 ARTICLE 24. CREDIT UNION.........................................................................PAGE 26 ARTICLE 25. TERMINATION OF AGREEMENT........................................PAGE 26 ARTICLE 25A. SUCCESSORSHIP...................................................................PAGE 26 ARTICLE 25B. SEVERANCE BENEFITS......................................................PAGE 27 ARTICLE 26. NEW OPERATION....................................................................PAGE 28

SIGNATURE PAGES..........................................................................................PAGES 29-30

AGREEMENT
This Agreement is made and entered into as of the 22nd day of December 2007, by and between Continental Commercial Products, LLC, a Delaware corporation in the County of St. Louis, hereinafter referred to as the Company, and Service Employees International Union CTW, CLC Local 1, Missouri Division, of the County of St. Louis, hereinafter referred to as the Union.

ARTICLE 1. INTENT AND PURPOSE


It is the intent and purpose of the parties that this Agreement shall promote, advance and improve the industrial and economic relationship between the Company and its employees and to set forth their basic agreement regarding rates of pay, hours of work and the conditions of employment to be observed by and between the Company and its employees and the Union and to provide machinery for the settlement and adjustment of disputes that may arise during the term of this Agreement, concerning the meaning and application hereof.

ARTICLE 2. DEFINITION
The words employee or employees as used in this Agreement shall not be construed to mean or include the superintendents, foremen, supervisors, designers, machinists, office or clerical or maintenance employees or salesmen of the Company, nor any of its officials. It is intended to embrace all the other employees of the Company engaged in the manufacturing or handling of the Company's products or materials in St. Louis County, Missouri.

ARTICLE 3. RECOGNITION
The Company hereby recognizes the Union and its agents and representatives as the sole Collective Bargaining Agent for all the employees of the Company covered by this Agreement. The terms of this Agreement shall accrue to the benefit of all employees of the Company whether presently employed or who here after may be employed.

ARTICLE 4. UNION SECURITY CLAUSE


It is understood and agreed by and between the parties hereto that as a condition of continued employment, all persons who are hereafter employed by the Company and who are covered by this Agreement shall become members of the Union not later than sixty (60) days following the beginning of their 1

employment or the effective date of this Agreement, whichever is the later; that the continued employment of employees who are covered by this Agreement and who are already members in good standing of the Union shall be conditioned upon those employees continuing their payment of the periodic dues of the Union, and that the continued employment of employees covered by this Agreement who were in the employ of the Company prior to the date of this Agreement and who are not now members of the Union shall be conditioned upon those employees becoming members of the Union not later than sixty (60) days following the execution date of this Agreement. New employees shall be on probation for a period of sixty (60) days and shall have no seniority rights during that period, and may be discharged for any reason whatsoever within sixty (60) days without prior notice at the sole discretion of the Company and such employees shall not have recourse to the grievance or arbitration procedure. Should any interruptions occur during this sixty (60) day probationary period, the period shall be extended by the amount of time in order to satisfy a full sixty (60) day period. The parties recognize and acknowledge the past practice of the employer in utilizing temporary employees; that this past practice has existed for a substantial period of time prior to the 1990 negotiations; and that this past practice has allowed for the Company's utilization of temporary employees performing bargaining unit work up to sixty (60) working days. The Company recognizes the Union's desire that the Company hire as an employee those temporary workers who were retained as temporaries for a period exceeding sixty (60) consecutive calendar days in a department. Upon being hired by the Company, that temporary employees will then be subject to the regular probationary period set forth in the paragraph above. If the Company utilizes temporary workers on a shift for thirty (30) consecutive days, any employee involuntarily displaced from that shift will be returned.

ARTICLE 5. CHECKOFF OF DUES AND INITIATION FEES


Section 1. It is understood and agreed between the Company and the Union that the Company will deduct any back unpaid Union dues and initiation fees owed the Union (provided such indeptedness for dues or initiation fees was incurred during the employment with the Company), as well as monthly Union dues and initiation fees from the first paycheck of the month for all employees who have signed proper legal authorization for such deductions and who are covered by this Agreement. If the employee shall not be working during such payroll period there shall be no liability of the Company for failure to remit membership dues, which may be owed by such employee. In addition, the Company agrees to deduct and remit to the Union any voluntary payroll deduction contributions made by union employees to the Union's Committee On Political Education (COPE), provided a fully executed written authorization form, (such forms to be furnished by the Union), is received from the employee. Section 2. The Company further agrees to remit to the Secretary-Treasurer of the Union, immediately following the check-off payday, all Union dues and initiation fees deducted from the paychecks of employees covered by this Agreement. The Secretary-Treasurer will inform the Company of any changes in the amounts of the dues and initiation fees. 2

Section 3. The Company further agrees to furnish to the Union a schedule setting forth the names of employees at the signing of this Agreement and to furnish prior to the 15th day of each month a schedule setting forth the names of employees laid off or terminated during the preceding calendar month.

ARTICLE 6. HOURS OF WORK


Section 1. Standard 24/7 Operations. As it relates to the Molding Department, and for those Bridgeton Distribution Center operations that support the Bridgeton Molding Department, the Company shall operate on a continuous operations basis, that is twenty-four (24) hours a day seven (7) days a week. The Workweek shall be defined as a period of seven (7) consecutive twenty-four (24) hour periods commencing at 11:00 P.M. On Sunday and ending at 11:00 P.M., on the following Sunday. For purposes of definition, each day is broken down into equal eight (8) hour periods, referred to as shifts as follows (listed in order from start of day): Third Shift is from: 11:00 p.m., to 7:00 a.m. First Shift is from: 7:00 a.m., to 3:00 p.m. Second Shift is from: 3:00 p.m., to 11:00 p.m. Each worker working first, second, or third shift, defined above, shall recdeive thirty (30) minutes sometime during the hours mentioned above in order to eat. This shall constitute an unpaid lunch period. The Company agrees to pay all employees on Friday of each week following the week worked, whenever possible, taking into consideration holidays and/or vacation. All work in excess of forty (40) hours per week shall be considered overtime and employees shall be paid at the maximum rate of time and one-half (1-1/2) for such overtime, except as covered in next paragraph below. All work in excess of eight (8) hours per day shall be considered overtime and be paid at the maximum rate of time and one-half (1-1/2) for such overtime without being subject to the forty (40) hours per week rule. However, all work performed on the seventh. Consecutive day in the workweek shall be paid at the rate of double time. For those departments working a 37-1/2 hour workweek, overtime will be recognized for hours worked over 7-1/;2 hour per day or 37-1/2 per workweek. All other provisions in Article 6 apply. 3

The Company will schedule the hours of work for each employee to cover the entire workweek of up to seven (7) days on a continuous operation basis. Employees may be required to work different shifts necessary but will not be regularly scheduled for more than one shift in any one twenty-four (24) period commencing at 12:00 midnight. Section 2. Alternate 24/5 Operations. In the event business or operation conditions occur that necessitate the discontinuance of the standard 24/7 operations in any or all the departments identified in Section 1 above, the Company agrees to revise the hours of work to a 24/5 operating schedule as shown below. The Company agrees to provide a minimum of two (2) weeks notice before such a change is implemented. For the 24/5 Workweek the Company agrees that the standard hours of work shall be eight (8) hours per day and forty (40) hours per week and that the workweek shall be defined as a period of seven (7) consecutive twenty-four (24) hour periods commencing at 11:00 p.m., on Sunday and ending at 11:00 p.m., on the following Sunday. For purposes of definition, each day is broken down into equal eight (8) hour periods, referred to as shifts as follows (listed in order from start of day): Third Shift is from: 11:00 p.m., to 7:00 a.m. First Shift is from: 7:00 a.m., to 3:00 p.m. Second Shift is from: 3:00 p.m., to 11:00 p.m. Each worker working first, second, or third shift, defined above, shall receive thirty (30) minutes sometime during the hours mentioned above in order to eat. This shall constitute an unpaid lunch period. The Company agrees to pay all employees on Friday of each week following the week worked, whenever possible, taking into consideration holidays and/or vacation. All work in excess of forty (40) hours per week shall be considered overtime and employees shall be paid at the maximum rate of time and one-half (1-1/2) for such overtime, except as covered in next paragraph below. All work in excess of eight (8) hours per day shall be considered overtime and be paid at the maximum rate of time and one-half (1-1/2) for such overtime without being subject to the forty (40) hours per week rule. For those departments working a 37-1/2 hour workweek, overtime will be recognized for hours worked over 7-1/2 hour per day or 37-1/2 per workweek. All other provisions in Article 6 apply. With the exception of the continuous operations and employees working in them covered in Section 1 above, time and one-half (1-1/2) shall be paid for all work preformed on Sunday unless the employee 4

involved absents himself or herself without a valid reason during the week of said overtime work. Valid reason, for the purpose of this provision, shall mean funeral leave, military leave, jury duty, employee's inclement weather day, union business, vacation or layoff in the week involved. All work performed on Sundays shall be paid at the rate of double time, except in the event of a continuous operation as covered in Section 1 above. The Company reserves the right to identify an employee(s) who regularly absents herself/himself without a valid reason during the week, yet regularly works voluntary overtime on Sunday. In such an instance, the Company shall give notice to such employee and the Union. If such a pattern continues, the Company shall than deduct such non-valid absence time from hours worked on Sunday. Three (3) separate instances in a sixty (60) day period shall constitute a pattern. Beginning with a fourth (4th) instance in a sixty (60) day period, the Company shall begin deducting non-valid absences on any voluntary Sunday overtime worked. Section 3. It is understood and agreed that there shall be one ten (10) minute paid work break during the first half of each shift and one ten (10) minute paid break during the second half of each work shift. Employees required to work more than ten (10) hours during a work day shall receive an additional ten (10) minute paid work break after the tenth (10th) hour. Section 4. Employees who report for work and are sent home shall receive not less than four (4) hours pay at their prevailing hourly rate when the Company is at fault in failing to notify such employees not to report to work. The provisions of this section shall not apply in when the event is outside the control of the Company, which makes work unavailable. In the event of a machine breakdown, an employee shall preform any work available. Section 5. Employees' lunch break shall be taken sometime after completing three (3) hours of work on their assigned shift and not later than five (5) hours on their assigned shift. Section 6. It is understood and agreed that when requested to do so by the Company, employees have the obligation and responsibility to preform overtime. When overtime is required, volunteers will be called by the highest seniority where job classification, skill and ability and attendance records are equal. Failure to obtain an adequate workforce will invoke mandatory rotational overtime for all departments (excluding all Warehouse Departments) starting with the least senior employee and moving upward to the highest senior employee until the top of the seniority list is reached, at which time the list restarts with the least senior employee again, where job classification, skill and ability, and attendance records are equal. The above will not apply to those persons where there is only one (1) person per shift. The Company shall notify employees at least twenty-four (24) hours in advance of scheduled overtime work. This does not apply to emergencies not subject to control by the Company. The Company will make every effort to notify employees in advance of anticipated emergency overtime. Remedy for an error in a scheduled overtime assignment will be the senior payment of the lost overtime wages to the senior qualified employee who signed up to work the overtime, but was over looked, provided that: 5

1.) Such a qualified employee had the required skill and ability to preform the overtime work assignment in question; and 2.) Once the weekend overtime assignments was announced, the senior qualified employee immediately notified their supervisor and shift union steward that they believed an error was made, in advance of the scheduled overtime, to allow their supervisor an opportunity to prevent such error. Failure to do so, disallows such an error for consideration under the above described remedy. (Payment of lost overtime wages under this remedy is limited by the number of employees that worked in error.) Any Employee that accepts a voluntary weekend overtime assignment but than fails to show or leaves early after reporting will forfeit their right to work then next two (2) voluntary overtime opportunities they would have otherwise been eligible to work. Remedy for an error in non-scheduled overtime will be the payment of lost overtime wages to the senior qualified employee who had the skill and ability to preform the work, provided that the senior qualified employee immediately informs his or her supervisor. In the event an employee is required to work a ten (10) hour workday for two (2) consecutive workweeks (Monday Friday), employee will not be obligated to work more than eight (8) hours per day in the following workweek. Also, if employee worked on Saturday and/or Sunday during each of the two (2) weeks in which he or she was working a ten (10) hour workday during the workweek, employee will not be obligated to work Saturday or Sunday in the following workweek. The number of consecutive days worked shall be limited to thirteen (13) days, (unless an employee chooses to do so voluntarily), except for employees in Level 2 or above. The number of consecutive days worked for employees in Level 2 or above will be limited to twenty (20) days, (unless such an employee chooses to do so voluntarily).

ARTICLE 7. MANAGEMENT PREROGATIVES


The management of the Company and the direction of its working forces, including but not limited to the right to hire, discipline, suspend or discharge for just cause, the right to transfer employees, the right to relieve employees from duty because lack of work or for other legitimate reasons, the right to establish reasonable rules governing all or any department, the right to fix wages, work standards, select hours of work and procedure not in conflict with the terms of this Agreement, are vested exclusively in the Company. This authority will not be used for the purpose of discriminating agianst any members of the Union because of Union activities. 6

ARTICLE 8. LEAVES OF ABSENCES


An employee (who has been employed for at least six (6) months and has worked at least 1,000 hours during the previous twelve-month period and thereby is eligible for family and medical leave) who cannot preform his or her usual duties because of certain family or medical reasons, shall upon written request to the Personnel Department, be granted a Family or Medical Leave of Absence without pay and without loss of seniority, providing the Family or Medical Leave of Absence shall not extend for a period longer than sixteen (16) weeks/640 hours and the request for leave of absence shall be accompanied by a statement furnished by a Physician or Practitioner's Certification which states the nature of illness or injury and an estimated date of return. During any twelve (12) month period, an employee shall not be granted leaves of absence totaling in excess of sixteen (16) weeks/640 hours. And provided further that the employee's right to seniority at the end of his or her leave of absence shall only exist if the job which employee left was not filled by someone who has greater seniority. The Company agrees to consider leaves of absence for any other good cause shown and shall be the sole judge in all cases, unless consistent with prior practice under similar circumstances. It is agreed that employees must present in writing to the Human Resource Department, satisfactory reasons for request a leave of absence and that employee must notify the Company at least one (1) week prior to the commencement of the leave of absences. Management reserves the right to identify and deny any employee a leave of absence that does not meet the provisions set forth under the Family and Medical Leave Act of 1993. Any absences by an employee, which is of more than three (3) workdays, shall require a doctor's statement or other proof of the reason for their absence. This proof must be supplied to the Personnel Department upon their return to work. The Company reserves the right to require employees returning from a leave for medical reasons to be examined by a Company doctor. The Company's doctor opinion or diagnosis shall be final and binding in all cases. For implementation refer to the Family and medical Leave Act policy. MILITARY LEAVE OF ABSENCE: Employees on such leave shall be retained in accordance with and subject to all applicable provisions of the law. Upon leaving for military service all such employees shall receive their earned vacation pay in accordance with Article 15 of this Agreement. OTHER EMPLOYMENT DURING LEAVE: Any employee on a leave of absence who obtains or accepts employment with any other Employer shall be deemed to have voluntarily severed their employment with the Company. Employment with or services rendered to the Union during Union Leave of Absences shall not be considered such other employment, 7

UNION LEAVE: Any member of the Union with at least one (1) year continuous service who is elected or appointed to a position in the Union requiring an extended leave of absences, shall on written request of the Union, be granted a leave of absence, for Union activity for a two (2) year period, without loss of seniority or other rights. Extensions of one (1) year duration shall be granted on written request of the Union prior to the termination of such leave. When the Union activity for which such leaves are granted shall cease, the Union shall immediately notify the Company in writing, and, if written application is made therefore within ten (10) days thereafter, such Union members shall be reinstated in the classification previously held, or its equivalent, at the then prevailing rate of pay, subject to seniority provisions of this Agreement. This provision shall be limited to a maximum of two (2) employees at any one time. (When at least 48 hours advance notice has been received by an employee's department, the Company will not unreasonably deny a request to be off due to union business.) The Company shall furnish the employee, Shop Steward, and the Union with a copy of the employee's leave of absence.

ARTICLE 9. SAFETY AND HEALTH


Section 1. The Company agrees that it will continue to comply with all applicable Federal and Missouri state laws and regulations to insure the safety and health of its employees while they are on the job. It is recognized that it is the responsibility of all employees, both Company and Union, to comply with all Company safety rules, to not engage in horseplay or any other conduct which might endanger any employee's health or safety or cause damage to materials, machines, equipment, tools or other Company property, and for them to immediately report to their immediate Supervisor any unsafe practices, conduct or equipment. The Union, all bargaining unit employees and all Company employees agree that they will work together in the effort to promote safe work practices, clean and uncluttered work areas, aisle ways and facilities, and to insure compliance by all employees with all safety rules and regulations of the Company. There shall be a Safety Committee established. The Safety Committee shall be comprised of the company and the union. The Safety Committee safety meetings shall be held on a monthly basis. Section 2. The Substance Abuse program established by the Company on January 22, 1996 shall be continued. The Company agrees to advise and discuss with the Union any changes to be made with the program.

ARTICLE 10. STRIKES AND LOCK-OUTS


Section 1. The Company agrees that it will not, during the life of the Agreement, discriminate against 8

any employee by reasons of his or her affiliation with the Union and that it will not call a lockout. Section 2. The Union agrees that during the term of this Agreement it will not call or attempt to call, or bring about, or in any way aid any strike, sit-down, or stoppage of work of any kind at the Company's facilities.

ARTICLE 11. SENIORITY


Section 1. Parties recognize that promotional opportunity and job security should prevail in proportion to length of continuous service and ability. Hence, in the advancement or transfer of employees to higher paid jobs and in cases where efficiency, as well as attendance records are substantially equal, employees with the longest seniority should be given preference in job opportunities. Section 2. New employees shall be on probation for a period of sixty (60) uninterrupted days and shall have no seniority rights during that period, and may be discharged for any reason whatsoever within this period of sixty (60) uninterrupted days without prior notice at the sole discretion of the Company and such employees shall have no recourse to the grievance or arbitration procedure. Section 3. In periods of slack work, beginners and probationary employees shall be laid off before other employees having seniority who can perform the same work. Seniority shall be total length of continuous service with the Company on a departmental basis and a record of continuous service shall be maintained by the Company and made available to any interested party. In the event of a full or partial department layoff, all layoffs will be administered by departmental seniority by job classification across the shifts. If as a result of a job classification reduction, an employee is laid off from their shift, they may displace a junior employee working in the same classification on a different shift provided they have the required skill and ability to perform the work being performed by the junior employee. All laid off employees will complete a Layoff/Transfer Options Form indicating their preference to accept work within their department on a different shirt; or, to accept temporary or full time work outside their department; or to accept a temporary layoff. A laid off employee who only desires temporary work in another department cannot replace a probationary employee currently employed in that department in a regular, full-time position if the probationary employee was hired prior to the laid off employee being laid off. Once a temporary position in another department is filled by a laid off employee, the employee will be retained in that position for the duration of the position's existence unless recalled to their original department, even if a senior employee is laid off at a later date and expresses a preference for temporary work in that department. If a senior employee accepts temporary layoff and later revises their Layoff/Transfer Options Form to 9

return to work, such senior employee will remain on layoff until such time as there is an open position within their job classification for which they have the required skill and ability to perform the work. In such a case, the normal recall procedure as outlined in Section 5 will be applied. When staffing requirements increase for any job classification, all employees laid off from such job classification will be returned to work before new employees are hired into the classification. The departments are as follows: Warehouse Department BDC Molding Department Bridgeton Section 4. In the case of equipment breakdown, shortage of materials or any other circumstances in a department which result in surplus employees for a period of one (1) day or less the Company may temporarily transfer employees within the facility from one department to another by seniority, (lowest to highest) as long as the employees are fully capable of performing the work assigned immediatelyt upon placement into such jobs. When alternate work is not available, the option of taking voluntary layoff (VLO) will be rotated starting with the highest senior employee and moving downward to the lowest senior employee until the bottom of the seniority list is reached, at which time the list restarts with the highest senior employee again. Rotation will be completed by offering the option of voluntary lay off regardless of acceptance or non-acceptance. Acceptance or non-acceptance will be verified with the use of a VLO sign-off sheet. If, after six (6) hours in a shift, there are operational issues that result in surplus employees, the Company may send such surplus employees home without regard to seniority. Section 5. Employees shall be continued on the seniority list for a period of twenty-four (24) months from the date of layoff, and shall be subject to recall to their former position within the said twentyfour (24) month period, unless a job opportunity has been waived by employee on first recall. Employees who receive notice, at their last known address on record with the Company, of recall must report within three (3) working days. Failure to report on time shall be construed as waiver of job opportunity. Section 6. The Company will recognize and deal with Shop Stewards as elected or appointed by the Union following receipt of written notification from the Union of the name, term of the Steward's position and area or group of employees such Steward is authorized to represent. All Shop Stewards must have completed one (1) full calendar year of active employment with the Company prior to being elected or appointed Shop Steward, unless this requirement is waived by mutual agreement. Such properly designated and authorized Shop Steward or Stewards will be considered to have top seniority within their department, for purpose of layoff or recall only, provided, however, that such Shop Steward or Stewards must then have the skill, ability and experience to fully perform available work. 10

Any employee elected or appointed as an officer of the Union or as a delegate of any labor organization convention necessitating a leave of absence for the purpose of conducting Union business shall be granted a temporary leave of absence for a period not to exceed thirty (30) days and shall be recalled by the Company at the expiration of said period without loss of seniority. Section 7. The term continuous service as used and applied in this Section shall be so construed that absences from employment due to incapacitating illness or disabling accident, or death or incapacitating illness or disabling accident to a member of his or her family requiring absence from work of an employee shall not cause a break in the meaning of continuous service for purposes of computing seniority. The word family shall include the husband or wife, child, brother, sister, father, mother, mother-inlaw or father-in-law of an employee. Section 8. Should there be a dispute concerning seniority, the Company agrees to cooperate fully to determine the individual seniority of an employee. Company records shall be the final and binding determining factor. Section 9. In caes of all disciplinary action including discharge to be taken for any reason, the Shop Steward will be notified during the shift that the employee is being disciplined or discharged. The Union Chief Steward will receive a copy of all discharge change-of-status forms. In the event there is no Shop Steward available, the highest senior employee on the shift shall be called upon and the Shop Steward shall be notified. Section 10. Those employees who have been transferred to another shift because of a layoff will, at recall, be reassigned to their original shift on a seniority basis by the beginning of the next pay period when a position becomes open on their original shift.

ARTICLE 12. GRIEVANCE PROCEDURE


It is the policy of the Company to allow employees a reasonable opportunity to present any request or complaint to supervision. An employee having such a request or problem shall first present it to his or her immediate supervisor as he or she is in the best position to handle the matter properly and satisfactorily. The immediate Supervisor will consider such request or complaint, and, if it appears to the immediate Supervisor that the request should be granted or that other corrective measures of any kind are called for, he or she shall take action within a reasonable time after presentation of the request or complaint. If the answer is not obtained within one (1) working day, or if the answer is not satisfactory, the employee may request a meeting with the Manager. It is their objective to see that the matter is treated fairly. It is recognized by the Company and the Union that every such request or complaint constitutes a grievance entitled to be handled under the grievance procedure hereinafter provided. 11

For the purposes of this Agreement, a grievance is defined as any dispute, claims or complaint involving the interpretation or application of the provisions of this Agreement, not settled through the procedure outlined below. Said grievance also includes any claim under state substantive law or federal law, including but not limited to claims of unlawful treatment based upon any one or combination of factors prohibited by applicable state or federal law, including but not limited to claims of discrimination on the basis that the employees have availed themselves to workers' compensation rights, service letter claims, claims made pursuant to the Employee Retirement Income Security Act and its amendments, claims made pursuant to the Americans with Disabilities Act of 1990, and/or any and all claims under federal, state or local law. No employee may institute an action in any court or bring a proceeding before any Administrative Agency unless said employee has exhausted all procedures within the grievance procedure. Section 1. STEP ONE By the complaining employee, in writing on a form provided by the Union specifying the provision or provisions of the contract claimed to be violated either alone or with the Shop Steward and the Supervisor, provided the employee has been advised of his or her right to have his or her Steward present. The supervisor will consider the complaint, and, if it appears to the Supervisor that corrective action is necessary of any kind, he or she shall take such action within a reasonable time after the presentation of the request or the complaint. If a written answer is not obtained within two 92) consecutive workdays or if the answer is not satisfactory, the employee and/or his or her Steward may proceed with the complaint to STEP TWO. Section 2. STEP TWO If the grievance is not settled as outlined in STEP ONE, the employee and/or his or her Steward may submit the grievance to the Manager in writing on a form provided for this purpose by the Union. The grievance shall be dated and signed by the employee and must be submitted by his or her Shop Steward to Manager within three (3) consecutive work days of the Supervisor's written answer. The Manager shall provide a written answer to the grievance form. If the answer is not obtained within three (3) consecutive workdays or if the answer is not satisfactory, the employee and/or his or her Steward may proceed with the complaint to STEP THREE. Section 3. STEP THREE If the grievance is not settled, as outline in STEP TWO, within three (3) consecutive work days of the receipt of the Manager's answer or the employee is not satisfied with the answer, the employee and/or his or her Steward may next submit the grievance to the Vice President of Human Resources, the Business Representative and Chief Steward of the Union, who shall meet, (Chief Steward at Union expense), to consider the grievance within twenty (20) calendar days of receipt of the Manager's answer. If the answer is not obtained within five (5) consecutive working days after said hearing or if the answer is not satisfactory to the Union, they may proceed with the grievance to STEP FOUR. Section 4. STEP FOUR If the grievance is not satisfactorily in accordance with the foregoing procedures, the Company may refer the matter to arbitration by written notice to the Union not later than five (5) consecutive working days from the receipt of the Vice President of Human Resources' final answer. The Union may refer the matter to arbitration by written notice to the Company 12

immediately after the Union's next Executive Board meeting following the grievance meeting. The Union agrees to inform the Company of the date of said Executive Board Meeting. Section 5. STEP FIVE Upon written receipt of the Executive Board's decision to arbitrate, the Company and the Union agree, if necessary, that the grievance be referred to an Appeals Board comprised of impartial individuals from both the Company and the Union who have not been involved with the grievance. After reviewing the grievance the Appeals Board will submit a written recommendation to arbitrate or not within five (5) working days of the Executive Board's decision. a) Upon receipt of the above notice to arbitrate, the parties will jointly request the Federal Mediation and Conciliation Service for a panel of seven (7) Arbitrators. Upon receipt of the panel, the parties will strike names alternatively until only one name remains which shall be the arbitrator provided, however, either the Company or the Union shall have the right to reject a full panel submitted on any one grievance for arbitration. The arbitrator finally selected shall be advised of his or her selection, and binding upon both parties. On all questions concerning arbitration, the arbitration rules of the American Arbitration Association shall govern. b) Both parties agree that when arbitration is requested, every effort will be made to process the case as rapidly as possible. c) The function of the arbitrator shall be of a judicial rather than a legislative nature. He or she shall not have power to add to, subtract from, ignore or modify in any way any of the terms and conditions of this Agreement. His or her decision shall not go beyond what is necessary for the interpretation and application of this Agreement or the obligation of the parties set forth in this Agreement. No decision shall be decide issues not directly involved in the case. d) If a grievance settlement or arbitrator's decision provides for retroactivity, it is agreed that retro-activity may extend back to the date of the written grievance, except as may be otherwise provided in the decision of the arbitrator for a lesser period of time. Should back pay be awarded, credit shall be given, however, for the earnings during said period, as well as insurance and unemployment payments. e) The Company and the Union agree that the expenses of the impartial arbitrator, travel, miscellaneous expenses and the transcript, shall be borne equally between the Company and the Union. Section 6. Any grievance not appealed by the employee within the time limit specified above shall be considered settled on the basis of the last decision rendered and not subject to further appeal. Section 7. It is mutually agreed that the authorized agents of the Union shall have access, with a Company official, to the Employer's establishment during working hours for the purpose of adjusting disputes and investigating working conditions and ascertaining that the Agreement is being adhered to, provided, however, that there is not interruption of the Company's or employee's working schedule or 13

production requirements. Section 8. No grievance shall be processed unless presented within five (5) consecutive work days from the date of occurrence or from first reasonable opportunity of knowledge, whichever occurs first. However, a discharge or layoff grievance or other type of grievance of and economic nature shall be filed within two (2) consecutive workdays after knowledge as outlined above. Section 9. Settlement of the grievance shall be in writing with copies therefore retained by both parties, and the participating representative of the Company and of the Union in each step of the grievance procedure are hereby fully empowered to bind the parties with respect to the settlement of the grievance, but no settlement which is contrary to this Agreement shall operate as a change, modication, or addition to this Agreement, nor constitute a precedent for future cases. Section 10. In no event shall any disposition or award upon any grievance be made retroactive for any period prior to the date of the filing of the original grievance in writing. Any meetings held with respect to grievances shall be arranged at such times as to not interfere with production. Section 11. The Union shall furnish the Company with a list of its Officers and Shop Stewards, and shall, as soon as possible, notify the Company in writing of any changes therein. No Officer or Shop Steward shall be recognized by the Company until such notification of his or her appointment shall have been received by the Company from a duly authorized Officer of the Union. Such notification shall designate the plant and the area of the plant, which each Shop Steward represents. Section 12. All disciplinary warnings will be issued within seven (7) workdays after the discovery of a work rule violation, unless extended by mutual agreement between the Company and Union.

ARTICLE 13. JOB BIDDING


Section 1. New regular jobs and vacancies above the prevailing lowest paid classification in each department will be posted on the automated electronic bid board for a period of three (3) consecutive workdays. The automated electronic bid board can be accessed during non-work time in the break room. Employees with three (3) months or more continuous service shall be eligible to enter their names on the electronic bid board for jobs posted. For implementation refer to the Job Bid Policy. In addition, all transfer requests on file at the location will be considered following the above eligibility requirement and factors outline in Section 2. (such transfer requests must be on file prior to the expiration of the three (3) days posting period for such job bids.) The job bid(s) will be awarded within seven (7) consecutive workdays after the bid sheet comes down. Section 2. Successful bidders shall be determined by the following factors and they shall have importance in the order stated. 14

a) Skill, ability and qualifications to perform all work of the classification satisfactorily as evidenced by previous work experience either within or outside the Company. b) Aptitude and relative education to perform the work efficiently, economically and satisfactorily. c) Physical fitness to perform the work efficiently and economically on the particular job. d) Safety and attendance records. e) Company-wide seniority shall be the final deciding factor when (a) through (d) above are equal. Section 3. For purposes of this Article, vacancy shall be defined as full-time opening resulting from the creation of a new classification or the full-time need of an additional employee in an existing classifcation. Any employee bidding and receiving a job as a result of the provisions of this Article 13 shall be compensated at the prevailing rate of the new classification according to their total Company seniority. Section 4. Any employee bidding and receiving a job as a result of job posting shall not be eligible for a period of: One (1) year to bid on lateral job classification of job classifications at a lower level than their current position; or,

Six (6) months to bid up to a higher job classification. Section 5. Any employee bidding and receiving a job as a result of a job posting shall be considered a probationary employee in the new classification for a period of sixty (60) calendar days. Previous Company seniority shall carry forward to the new department and any qualifying time spent in the new job shall be added to continuous service. Section 6. In cases where the bid is not successful or an employee fails to qualify as determined by the Company, the employee shall have the right to return to his or her former job classification without loss of either Company or department seniority at the prevailing rate of pay according to his or her continuous service with the Company. Section 7. In cases of plant shutdowns, approved leaves of absence or any on-the-job injuries illness or for any other unusual circumstances which cause the employee to interrupt his or her probationary period, said probationary period shall be automatically extended in time equal to such absence or interruption.

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Section 8. In cases of permanent layoffs, the employee who has successfully completed his or her qualifying period as outlined in this Article shall be laid off in accordance with Article 11, Section 3 of this Agreement. Section 9. After the bid has been awarded, the job is to be filled within a period of fourteen (14) days or less. If it has not been filled within the fourteen (14) day period, then the employee who successfully bid shall begin to receive the higher rate of pay beginning with the fifteenth (15th) day.

ARTICLE 14. WAGES


Section 1. Payment of wages due shall be made by the Company once each week on Friday following the week worked, except as noted later in this paragraph. The Company agrees to furnish each employee with a statement showing wage rate per hour, total hours worked, total earnings, and amount and purpose of all deduction on each weekly payday. Employees working on the second and third shift shall receive their checks on Thursday (Employees who leave work early Thursday, after receiving their paycheck or call off on Friday will be paid on Friday the following week.). Section 2. All employees working on second shift shall be paid thirty cents ($ .30) per hour over their regular rates. All employees working on third shift shall be paid twenty-five cents ($ .25) per hour over their regular rates. Section 3. Any employee who is transferred by the Company to a higher classification of work shall after completion of two (2) hours, be compensated at the higher rate of pay for the work being performed according to his or her length of continuous service with the Company. Section 4. For employees hired into a Level I position (Machine Operator, Janitor): Level I START 2 MOS 6 MOS 12 MOS 18 MOS 24 MOS 36 MOIS 12/22/07 12/21/08 $11.40 $11.80 $12.00 $12.20 $12.40 $12.60 $13.00 12/22/08 12/21/09 $11.80 $12.20 $12.40 $12.60 $12.80 $13.00 $13.40 12/22/09 12/21/10 $12.15 $12.55 $12.75 $12.95 $13.15 $13.35 $13.75 Section 5. For employees hired or successfully bidding into a Level II position (Power Pallet Jack Operators): Level II START 2 MOS 6 MOS 12 MOS 18 MOS 24 MOS 36 MOS 12/22/07 12/21/08 $12.40 $12.60 $12.70 $12.90 $13.00 $13.10 $13.30 12/22/08 12/21/09 $12.80 $13.00 $13.10 $13.30 $13.40 $13.50 $13.70 12/22/09 12/21/10 $13.15 $13.35 $13.45 $13.65 $13.75 $13.85 $14.05

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Section 6. For employees hired of successfully bidding into a Level III position (Quality Control Inspector, Material Blender, Material Handler, Utility, Grinder, Mold Tech-Class C, Warehouse Person, Reach Truck Operator and TSP Operator*): Level III START 2 MOS 6 MOS 12 MOS 12/22/07 12/21/08 $12.90 $13.10 $13.20 $13.30 12/22/08 12/21/09 $13.30 $13.50 $13.60 $13.70 12/22/09 12/21/10 $13.65 $13.85 $13.95 $14.05 *Employees operating TSP Equipment will receive an additional twenty cents ($ .20) per hour. Section 7. For employees hired or successfully bidding into a Level IV position (Mod tech-Class B): Level IV START 2 MOS 6 MOS 12 MOS 12/22/07 12/21/08 $14.90 $15.10 $15.30 $15.50 12/22/08 12/21/09 $15.30 $15.50 $15.70 $15.90 12/22/09 12/21/10 $15.65 $15.85 $16.05 $16.25 Section 8. For employees hired or successfully biding into a Level V position (Sr. Mold Tech-Class A): Level V START 2 MOS 6 MOS 12 MOS 18 MOS 12/22/07 12/21/08 $15.90 $16.10 $16.30 $16.50 $16.70 12/22/08 12/21/09 $16.30 $16.50 $16.70 $16.90 $17.10 12/22/09 12/21/10 $16.65 $16.85 $17.05 $17.25 $17.45 Section 9. Lead Employee. Any employee who is designated by the Company as a lead employee in any of the above classifications shall receive forty-five cents ($ .45) per hour more than the classification rate in which the lead worker is employed.

ARTICLE 15. VACATIONS


Section 1. It shall be the policy of the Company to give vacations with pay during the contract year. Eligibility for vacation pay in lieu of time off shall be determined by the employee's seniority as of their anniversary date each year. Section 2. Employees who have at least one (1) year of seniority and who have worked one thousand two hundred fifty (1250) hours or more during the preceding twelve (12) months from their anniversary date shall be entitled to one (1) week of vacation or vacation pay in lieu of time off. Section 3. Employees who have two (2) years of seniority and who have worked one thousand two hundred fifty (1250) hours or more during the preceding twelve (12) months from their anniversary date shall be entitled to two (2) weeks of vacation or vacation pay in lieu of time off.

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Section 4. Employees who have seven (7) years of seniority and who have worked one thousand two hundred fifty (1250) hours or more during the preceding twelve (12) months from their anniversary date shall be entitled to three (3) weeks oif vacation or vacation pay in lieu of time off. Section 5. Employees who have fifteen (15) years of seniority and who have worked one thousand two hundred fifty (1250) hour or more during the preceding twelve (12) months from their anniversary date shall be entitled to four (4) weeks of vacation or vacation pay in lieu of time off. Section 6. Employees who have twenty (20) years of seniority and who have worked one thousand two hundred fifty (1250) hours or more during the preceding twelve (12) months from their anniversary date shall be entitled to five (5) weeks of vacation or vacation pay in lieu of time off. Section 7. Vacation shall be taken by departmental seniority and a vacation list shall be posted May 1 of each calendar year so, that employees may select, by seniority, the dates they desire. It is understood that not more than ten percent (10%) of the employees from each department and each shift may be on vacation at the same time, unless agreed to by the Company. Employees shall be notified within twenty-four (24) hours if their vacation request has been approved. (For any shift at the Bridgeton Distribution Center, that has a minimum of ten (10) employees on the active payroll per shift, the Company will allow up to a maximum of three (3) employees off on vacation at one time within the operation, subject to a maximum of two (2) employees per shift. Prior to may 1st the contractual procedure will be utilized for awarding vacation time off. After May 1st, vacation awards will be granted on a first come/first serve basis.) Section 8. Vacation pay shall be figured at the employee's regular straight-time hourly rate earned by such employee prior to starting on his or her vacation and shall be computed at forty (40) hours. Vacation pay shall be paid the day prior to vacation. It is agreed that whenever a holiday falls within an employee's vacation period such employee shall be granted an additional day of vacation, or vacation pay, at the election of the employee, provided, however, that said employee must satisfy all requirements set out in this Article 15 for vacation eligibility and entitlement as well as all requirements for holiday pay eligibility and entitlement hereinafter set out in Article 16. Employees who voluntarily leave the employ of the Company and who have at least two (2) weeks notice in writing to the Personnel Department of their intention to leave, and who have worked at least one thousand (1000) hours and have at least ten 910) months service since their last anniversary date (or date of hire in the event the employee has less than twelve (12) months of service) shall receive pro-rata vacation pay on the date of termination. Section 9. The company reserves the right to fix a department-wide vacation during department shutdowns of one or two calendar weeks in duration during July or August provided the Company posts the vacation shutdown date at least thirty (30) days prior to the beginning of the vacation period. The vacation period reserved to management for a department-wide shutdown is understood to allow an 18

employee the opportunity to save earned vacation pay to use it during this shutdown. This provision would not apply to those employees who have less than one year of service and thus do not qualify for earned vacation in accordance with the other provisions of this Article 15. Employees who have earned vacation time in excess of that or be utilized during the shutdown shall be allowed to take their remaining vacation time in accordance with all other provision of Article 15. (No employee shall be required to use their accrued vacation during a shutdown and may choose to take unpaid time off for the shutdown period. Employees that opt to take unpaid time off, cannot file for unemployment compensation for such period.) Section 10. Vacation shall be taken in increments of not less than eight (8) hours.

ARTICLE 16. HOLIDAY PAY


Section 1. All employees who have completed thirty-one (31) days of their sixty (60) day probationary period, shall receive eight (8) hours pay at their regular hourly rate for the following holidays, or days to be observed in lieu thereof, without working on such days: New Years Eve New Year's Day Good Friday Memorial Day July Fourth Labor Day Thanksgiving Day Day following Thanksgiving Day Christmas Day Work Day following Christmas ** Employee's Birthday or M.L. King Jr. Day See Section 4 below ** See Section 5 below (Shut down days in BOLD print) Section 2. To be eligible for holiday pay an employee must report for work and work his or her full work day on the last regularly scheduled work day preceding and following said holiday, except solely in the event the employee has no more than one partial occasion not in excess of two (2) hours on either (but not both) the day before or the day after a holiday. Requests in writing for relief from working a full day before or after the holiday shall be submitted to the Personnel Department and due consideration will be given each request by the Company. If an employee is absent both the scheduled workday 19

before and the scheduled workday after the holiday because of one of the following reasons only, military leave, jury duty, court date, prescheduled vacation, prescheduled PTO time off, layoff for a period not to exceed thirty (30) calendar days, and bereavement leave (for a direct blood relative as defined in Article 20, Funeral Leave, for those relatives listed in this Article which provides compensation for three (3) days), the Company will grant holiday pay providing proper documentation is submitted. Section 3. Any employee who desires to work on one of the holidays mentioned above shall have the option of doing so but it is understood that they shall receive their holiday pay, to which they are entitled, plus straight-time hour earnings for working such holidays. Section 4. As it relates to the Christmas and new Year's holidays, the days to be observed for these holidays over the life of this Agreement are as follows, except for continuous operations which should be observed on the exact dates on which the holidays fall as outlined in Section 1: YEAR 1
24/7 Schedule 2007 Dec 24 and 25 (Mon & Tues) Dec 31 and Jan 1 (Mon & Tues) YEAR 2 2008 Dec25 and 26 (Thurs & Fri) Dec31 and Jan 1 (Wed & Thurs) YEAR 3 2009 Dec 243 and 25 (Thurs & Fri) Dec 31 and Jan 1 (Thurs & Fri) 2009 Dec 24 and Dec 25 (Thurs & Fri) Dec 31 and Jan 1 (Thurs & Fri) 2008 Dec25 and Dec26 (Thurs & Fri) Dec 31 and Jan 1 (Wed & Thurs) 24/5 Schedule 2007 Dec 24 and Dec 25 (Mon & Tues) Dec 31 and Jan 1 (Mon & Tues)

Section 5. All employees will have the option of receiving either (but not both) their birthday holiday or Martin Luther King Jr. Day after one year's continuous service. All other Holiday Pay provisions apply. Section 6. Effective 12/22/05 time and one-half (1-1/2) overtime pay will be paid to employees working on a holiday in addition to holiday pay.

ARTICLE 17. INVALIDATION CLAUSE


If any terms and conditions of this Agreement are in violation of any State or Federal law or decree, then to the extent of any violation, this Agreement shall be null and void and subject to renegotiation. If any portion of this Agreement is declared illegal, it shall not in any way affect the remaining provisions of this Agreement. If any provisions of this Agreement are determined to be in violation of wage-price guidelines now or hereafter enacted under Federal Law or regulation, then such provisions 20

only shall not be operative or put into effect; such determinations and their effects if any, shall not in any way affect the remaining provisions of this Agreement.

ARTICLE 18. HEALTH AND WELFARE


Section 1. Effective February 1, 2005, the Company will provide and maintain the Health & Welfare Benefits as described in the January 1, 2004 SEIU Local 2000 Health & Welfare Fund Plan AAA Summary Plan Description with the following revisions: New Family Deductible of $2,250 effective 01/01/08; New Employee & Dependent Office Visit Co-Pay of $40/visit for primary care doctor and $60/visit for specialists effective 02/01/08; Improved Network Co-Payment Benefit from 65% / 35% / to 70% / 30% effective 02/02/08

for the duration of this Labor Agreement. The Company will provide the HealthLink PPO or Open Access Network; or, a comparable network of providers through United HealthCare. Further, the Company will provide the LDI Pharmacy Management Network of pharmacies or a comparable network of pharmacy providers though United HealthCrae. Section 2. An eligible employee is a person, who as of the first day of the month in which a health and welfare payment is due, (1) is an employee of the Company and has completed ninety (90) days of service and (2) is an employee of the company who has worked for the Company in the previous calendar month.

ARTICLE 18A. PENSION TRUST FUND


Section 1. Effective 12/22/06 the Company agrees to pay to the Trustees of Greater St. Louis Service Employees Pension Trust 401(k) Plan $76.00/per month/per eligible employee, (eligible employee being defined in Section 2 hereof). Section 2. An eligible employee is a person, who as of the first day of the month in which a Pension Fund payment is due is an employee of the company and has completed one (1) year of service. Section 3. Company contributions shall be made to the Trustees of Greater St. Louis Service Employees Pension Trust 401(k) Plan. The Company shall accumulate such monies which shall be separately designated and titled therein and thereto shall be in the Plan and shall be held by the Company as non-trusted and non-escrowed funds until such monies are remitted to the Plan, by the 21

fifteenth working day of each and every month. The Company shall also furnish to the Pension Trust 401(k) Plan an itemized statement listing the name of each employee, his or her social security number, hours of work and the amount due upon forms to be provided by the Pension Trust 401(k) Plan or the Union. Section 4. In the event the Company is delinquent in the payment of its required contributions to the Pension Trust 401(k) Plan, the Trustees of the Plan may commence legal action against the Company if such delinquency is not remedied within fifteen (15) days after company receives written notice from the Union, and the Pension Trust 401(k) Plan may sue for the contributions due together with reasonable cost of audit, interest, liquidated damages, attorneys' fees and other related costs and disbursements, all as provided by ERISA. Section 5. It is further agreed that if any question arises as to the amount due to the Plan under the foregoing, that a certified public accountant, auditor or bookkepper representative (Union Representative) designated by the Trustees of the Plan, shall be permitted in the presence of a Company Representative to examine the Company's payroll records pertaining to the employees in the Bargaining Unit, and such Union Representative shall be permitted to make an audit thereof. In the event of a substantial discrepancy is found between the amount reported or paid by the Company and the amount determined to be due by the audit, the Company shall be responsible for the reasonable cost of the audit. The Plan shall furnish a copy of such audit to the Company upon its completion. Section 6. Notwithstanding any provision herein to the contrary, in the event of any issue arising out of or with respect to the foregoing provisions not settled by parties within fifteen (15) days after the issue is raised, such issue, on request of either party, may be submitted to arbitration without first proceeding through the preliminary steps of the grievance procedure. The award of the arbitrator may provide for interest at the legal rate and reasonable attorneys fees. The arbitrator may also provide in the award directives to remedy any default or failure to comply as well as requirements to prevent continuance or reoccurrence of same.

ARTICLE 18B. DENTAL PLAN


Section 1. Effective February 1, 2005, the Company will provide and maintain the Dental & Vision Plan Benefits as described in the January 1, 2004 SEIU Local 2000 Health & Welfare Fund Plan AAA Summary Plan Description for the duration of this Labor Agreement. In addition, the Company will provide a Dental PPO Network of providers for the participants of this plan. Section 2. An eligible employee is a person, who has as of the first day of the month in which a Health and Welfare payment is due, (1) is an employee of the Company and has completed ninety (90) days of service and (2) is an employee of the Company who has worked for the Company in the previous calendar month. 22

Section 3. Upon election by an eligible employee in writing, the Company shall deduct the following amounts for the cost of covering either one dependent or two or more dependents: Covering one dependent: During the duration of the Labor Agreement, the cost will be $15.96/month. Covering two or more dependents, (family coverage): During the duration of the Labor Agreement, the cost will be $38.26/month.

ARTICLE 19. REFERRALS


The Company agrees that when it is need of new or additional employees, it will notify the Union office and that in hiring new or additional persons, the Company will give consideration to the employment of persons referred to the Company by the Union; provided, however, that nothing in the contract shall be so construed to impose any obligation upon the Company to employ any person referred to the Company by the Union, and provided further, that nothing in this contract shall be construed to in any way limit the right of the Company to select, choose and hire such persons to work for it as it might see fit in jobs which the Union is the Bargaining Representastive.

ARTICLE 20. FUNERAL LEAVE


In case of death of mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, sister, husband, wife, child or legal ward, parental grand parents and grand children, the Company will grant a leave of absence with pay from the day of death until and including the day of funeral not to exceed three (3) working days. If employee requires more than three (3) working days to attend the funeral, the Company will allow reasonable travel time; however, there shall be no liability on the Company to pay for more than three (3) days funeral leave as set forth above. The employee must furnish the personnel Department proof of their relationship to the deceased before any payment of funeral leave will be made by the Company.

ARTICLE 21. JURY DUTY


The Company agrees that any employee who is called for jury duty and any employee who serves on a jury, upon presentation to the Personnel Department of proper and satisfactory proof of the amount 23

of actual time required away from work for the employee's service on or being called for jury duty, will be paid the difference between what the employee involved would have earned during the time that employee was required to be away from work for such purposes and the amount paid to such employee for being called on for such jury service. In determining what such employee would have earned, only straight time which the employee was unable to work for these reasons shall be considered and such time shall be figured at the regular straight time hourly rate of the employee involved.

ARTICLE 22. EQUAL EMPLOYMENT OPPORTUNITY


The Company and the Union agree that neither will discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, citizenship, or persons with a disability. The Company and the Union will take affirmative action to insure that applicants are employed, and employees are treated during employment without regard to their race, creed, color, sex, age, national origin, citizenship, persons with a disability, or any other prohibitive basis under applicable Federal or State laws. Such action shall include but not be limited to the following, employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training including apprenticeship. The Company agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

ARTICLE 23. MISCELLANEOUS


Section 1. The Company agrees to furnish a bulletin board. The Union shall have the right to post Union notices of social gatherings on said bulletin boards furnished by the Company for the Union. Section 2. The Company has the right to establish or amend existing work rules to accommodate the orderly and efficient operation of its facilities. The Company agrees to submit in written form to the Union and all employees all future changes or additions to the work rules at least ten (10) work days before the effective date of said work rules. Without the Company waiving any of its rights hereunder, the Company agrees to meet with the Union upon the Union's receipt of the notice of any proposed changes in the work rules. However, such discussions shall not prevent the proposed implementation from occurring with in ten (10) days of the notice provided by the Company. Work rules shall be posted in conspicuous areas available to all employees covered by this Agreement. No work rule shall be in conflict with any terms of this Agreement.

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Section 3. Each employee must furnish the Personnel Department of the Company and the Union with a telephone number where he or she may be reached, as well as his or her residence address. The employee must immediately notify the Personnel Department of the Company and the Union of any change in his or her telephone number or residence address. Failure to notify the Company and the Union as stated above will relieve both the Company and the Union from the responsibility of notifying the employee for purpose of layoff, recalls, overtime work, and grievance meetings or any other financial obligations that may arise as a result of this Agreement. Section 4. Where safety shoes are required by the Company, the Company shall reimburse the employee required to wear safety shoes, upon the presentation of proper documentation, fifty percent (50%) or up to thirty-five dollars ($35.00) of the cost of one (1) pair of safety shoes per year. For any additional pair purchased the total expense will be borne by the employee. Section 5. There shall be a Labor/Management Committee established. Shop Stewards and management shall constitute the Labor/Management committee. Labor/Management meetings shall be held at each plant and warehouse location on a quarterly basis or as mutually agreed upon. On an annual basis a combined Labor/Management Meeting involving all locations will be held to discuss issues of mutual concern. (When requested with a minimum of seven (7) days prior notice, the Company will not unreasonably deny a union request for the union chief steard to attend a quarterly Labor/Management Meeting scheduled at one of the locations.) . Section 6. Personal Time Off (PTO) All non-probationary union employees are eligible to participate by having perfect attendance Monday through Friday for a two-week consecutive period. Personal time off will accumulate at the rate of two 92) hours for each two-week period of perfect attendance. Eligible employees can utilize their earned PTO hours in two-hour increments to be used during their regular work hours by submitting a Personal Time Off request form 24 hours in advance to their supervisor. In order to be paid for personal time off, the employee must have a minimum of eight (8) hours earned. PTO hours can be utilized, but will not be paid. Approved personal time off will not be assessed occasion points under the Attendance Policy. Personal time off cannot be used to extend a FMLA leave of absence, but PTO pay can be drawn. After the second week in December each year, all earned PTO hours will be paid at the employee's current hourly rate, or the employee can elect to use PTO time to reduce accumulated occasion points under the Attendance Policy. Eight (8) PTO hours equals one occasion point and two (2) PTO hours equals a partial occasion point. PTO hours do not carry forward year-to-year.

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Section 7. Tuition Assistance Effective 12/22/05, a tuition assistance benefit will be offered to all non-probationary employees, which will pay 50% of college tuition costs up to maximum of $1,500.00 per year.

ARTICLE 24. CREDIT UNION


The employer agrees to deduct from the wages of each employee who in writing authorized such an amount of money specified in a written authorization and forwarded such to the officers of the appropriate credit union. The money so deducted shall be accompanied by a list of the employees for whom the deductions were made and the amount of money deducted from each employee's pay. Employees who participate in this program agree to continue in this program for at least one (1) year in the same dollar amount.

ARTICLE 25. TERMINATION OF AGREEMENT


This Agreement is effective as of the 22nd day of December 2007, and shall remain in full force and effect until 12:01 a.m., the 22nd day of December 2010, and each year thereafter unless written notice of termination or desired modification is given at least sixty (60) days prior to any yearly expiration date by either of the parties hereto. Should notice of termination or desired modifications be given in the manner provided for above, the mailing address of both parties will be as follows: The post office address of Continental Commercial Products, LLC, is 305 Rock Industrial Park Drive, Bridgeton, Missouri 63044. The post office address of SEIU Local 1, Missouri Division is 2725 Clifton Ave., St. Louis, Missouri 63139.

ARTICLE 25A. SUCCESSORSHIP


This Agreement shall be binding upon the Employer, Continental Commercial Products, LLC, substantially all of its operations that are the subject of this Agreement, to a successor or assigns that intends to continue operations in the current locations, then the Employer shall require that such successor or assigns assume the Employer's obligation hereunder. 26

ARTICLE 25B. SEVERANCE BENEFITS


The Company will issue severance pay minus normal withholding taxes to employees who have completed one (1) year or more of continuous service whose employment is terminated as the result of the closing of the operations covered by this Agreement as follows: Total Years of Continuous Service 12 35 69 10 & over Severance Pay $ 100.00 $ 50.00 per year $ 75.00 per year $100.00 per year

Effective 12/22/08 the severance benefits will be as follows: Total Years of Continuous Service 12 35 6+ Severance Pay $200.00 $150.00 per year $250.00 per year.

For purposes of calculating severance pay, partial years of service, as of the date of termination will be rounded-off to the next full year. Severance pay will be paid to employees in full at the time of termination, as the result of the plant closing. In addition, the Company will provide insurance continuation for two (2) months following termination. It is understood by the parties that the payment of severance pay in accordance with the above schedule is full and final settlement of any and all claims by the employee and the Union.

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ARTICLE 26. NEW OPERATION


In the event the Company opens a new operation not covered by an existing labor agreement in the St. Louis Metropolitan area, such new operation shall be covered by the Labor Agreement between the Company and SEIU Local 1, Missouri Division.

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IN WITNESS WHEREOF, the parties here to have signed and executed this and several other copies hereto, the day and year first above written.

CONTINIENTAL COMMERCIAL PRODUCTS, LLC By ___________________________________________________ Joesph E. Mata Vice President Human Resources

___________________________________________________ Brian G. Nichols Director Human Resources

___________________________________________________ Gary E. Anton Vice president Distribution Operations

____________________________________________________ Mary Ellen Coady Human Resources Manager SERVICE EMPLOYEES INTERNATIONAL UNION CTW, CLC, LOCAL 1, MISSOURI DIVISION By ____________________________________________________ Nancy E. Cross Vice president

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_______________________________________________________ Lisa Gould Walker Business Agent ________________________________________________________ Mia King Base Representative NEGOTIATING COMMITTEE: ________________________________________________________ Melvis Banks ________________________________________________________ Jannie Brewster ________________________________________________________ Lamont Colvin ________________________________________________________ Velma Gardner ________________________________________________________ Deshon Simms ________________________________________________________ Terry L. Crouch ________________________________________________________ Carlton Lewis ________________________________________________________ Thomas Witherspoon

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