I also understand that the employment terms set out in this Handbook work in conjunction with, and do not replace, amend or supplement any terms or conditions of employment stated in any collective bargaining agreement that a union has with The Shelly Company. I understand that I should consult the terms of my collective bargaining agreement. Wherever employment terms in this Handbook differ from the terms expressed in my union’s collective bargaining agreement with The Shelly Company, I understand that I should refer to the specific terms of the collective bargaining agreement, which will control.

Because the information, policies and benefits described herein are necessarily subject to change, I acknowledge that revisions to the handbook may occur, except to The Shelly Company’s policy of employment at will. All such changes will be communicated through official notices, and I understand that revised information may supersede, modify or eliminate existing policies.

Furthermore, I acknowledge that this handbook is neither a contract of employment nor a legal document. I have received the handbook, and I understand that it is my responsibility to read and comply with the policies contained in this handbook and any revisions made to it.

Employee’s Name (printed): ____________________________________________
Employee’s Signature: _________________________________________________
Date: _______________________________

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Student Eligibility

Students are eligible for the scholarship if they meet all of the following criteria:

• A dependent child of a full-time employee (active or temporary lay-off) who has been employed for three (3) or more years by The Shelly Company; and
• A minimum grade point average of 3.0 (on a 4.0 scale); and
• Applicant must be a graduating high school senior or current student at an accredited community college or four-year college/university.

Selection Process

Recipients will be selected by an independent third-party committee based solely on the application materials provided.

Scholarship Award

Up to five (5) students will receive a tuition scholarship in the amount of $1,000 made payable to the recipients’ educational institution of choice. Students may reapply for the scholarship on an annual basis.

Timing

Scholarship applications are made available around the first of the year and additional details can be found on the employee portal, along with the application and instructions for submittal. Deadline for submission is around the first of May each year. Winners shall be notified by June.

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The Oldcastle Materials North Division believes in the value of education, particularly in areas directly related to the business. In that regard, the division provides an Education Reimbursement Policy to support the professional development of those employees who desire to further their education and who meet certain eligibility requirements.

Scope

The Policy applies to full-time seasonal or year round employees who are in good standing with the Company. Employees must continue to meet job performance expectations throughout enrollment. Reimbursement under the terms of the Policy is available to employees pursuing a GED, undergraduate degree, and graduate degree.

Eligibility Requirements

• Employees must complete one (1) year of service to participate in the Policy. For seasonal employees, periods of layoff will be applied to this requirement.
• A course or degree program must be directly related to the employee’s current position or must enhance potential for advancement within the Company.
• Employee application must include a written request, endorsed by the Line of Business or Function Manager and approved by Company President.
• Classes must be offered by an accredited technical institution, college, or university.
• Educational reimbursement does not apply to training programs, seminars, or certifications programs.

Approval Process

• A Tuition Reimbursement Application (available on the Employee Portal) must be submitted to the Human Resources Department and must be approved by the employees Division Manager or VP prior to beginning coursework.
• Once coursework is complete, employees must submit the Request for Tuition Reimbursement form (also available on the Employee Portal) along with the grade report and proof of cost within 45 days of course completion in order to receive reimbursement.

Guidelines

• Individuals must be active employees of the North Division when the course begins and must still be employed when the course work is completed.
• Employees are expected to schedule class attendance and completion of study assignments outside of regular work hours. Management may limit the number of courses an employee can take if the schedule interferes with the employee’s ability to perform the job.
• An employee who voluntarily or involuntarily terminates employment must reimburse the Company 100% of all reimbursement received within the prior three years of employment. Note: this does not apply to employees affected by a reduction in force, permanent disability, or death.
• If an individual is rehired by Oldcastle Materials North Division there is no reinstatement into ongoing coursework that may have been approved prior to termination or reimbursement for prior coursework.
• It is expected that employees who are approved for a degree program will maintain continuity with the coursework. If a break of more than 12 months in coursework occurs your application for continuation in the program must be re-evaluated.
• While successful completion of a course of study improves an employee’s educational background, such accomplishment does not obligate the Company to reward participants with promotion, transfer, reassignment, or compensation increase.
• IRS regulations: education reimbursement of $5,250 in a calendar year may be taxable to the employee and it is the employee’s responsibility to pay those taxes. Refer to IRS Publication 970, Tax Benefits for Education for more details.

Grandfather Clause

Employees enrolled in an approved education reimbursement program prior to the effective date of this policy (January 1, 2018) will be grandfathered under the local Company program as long as they maintain eligibility and good standing with the Company. Enrollment in an education reimbursement program after the effective date of this policy will fall under the guidelines and eligibility described above.

Reimbursement

Undergraduate coursework:

• Employees will be reimbursed 100% for a grade of A or B (or equivalent) up to a maximum of $5,250 per year.
• Employees will be reimbursed 50% for a grade of C (or equivalent) up to a maximum of $5,250 per year.
• No reimbursement will be given for a grade lower than a C (or equivalent).
• Pass/fail courses will be reimbursed at 100% for a pass up to a maximum of $5,250 per year.

Graduate coursework:

• Employees will be reimbursed 100% for a grade of A or B (or equivalent) up to a maximum of $5,250 per year.
• Employees will be reimbursed 50% for a grade of C (or equivalent) up to a maximum of $5,250 per year.
• No reimbursement will be given for a grade lower than a C (or equivalent).
• Pass/fail courses will be reimbursed at 100% for a pass up to a maximum of $5,250 per year.

Eligible expenses include application fees and tuition. Expenses not eligible for reimbursement include but are not limited to books, lab fees, registration, hardware, late fees, parking, repeated courses, software packages, transportation, on-line charges, supplies, or graduation fees.

Summary

The adoption and maintenance of this program shall not be deemed to be a contract between Oldcastle Materials North Division and the employee. Nothing contained in the program shall give any employee the right to be retained by the Company or interfere with the right of the Company to terminate an employee for cause regardless of the effect that such termination will have upon the employee under the terms of this program.

Exceptions to this policy must be approved by the Company President.

If you have questions regarding this policy, please contact your local Human Resources representative.

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• Regular full-time employees
• Seasonal full-time employees
• Regular part-time employees

Employees may, with their supervisors’ approval, use any available paid leave for additional time off as necessary. The Company defines immediate family as the employee’s spouse, parent, step-parent, child, stepchild, sibling, grandchild or grandparent or the employee’s spouse’s parent, employee’s spouse’s step-parent, child, sibling, grandchild or grandparent.

Company employees who are members of a union will follow the bereavement leave provisions, if any, in the employee’s collective bargaining agreement.

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Employees will receive partial pay for two-week training assignments and shorter absences. Upon presentation of satisfactory military pay verification data, employees will be paid the difference between their normal base compensation and the basic pay (excluding expense pay) received while on military duty. The portion of any military leaves of absence in excess of two weeks will be unpaid. However, employees may use any available paid time off for the absence. Continuation of health insurance benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible. Vacation, sick leave and holiday benefits will be maintained during a military leave of absence.

Employees on military leave for up to 30 days are required to return to work for the first regularly scheduled shift after the end of service, allowing reasonable travel time. Employees on longer military leave must apply for reinstatement in accordance with USERRA and all applicable state laws.
Employees returning from military leave will be placed in the position they would have attained had they remained continuously employed or a comparable one depending on the length of military service in accordance with USERRA. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service.

Contact the Human Resources Department for more information or questions about military leave.

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Eligibility Requirements

Employees are eligible for FMLA leave if they have worked for the Company for at least 12 months, have 1,250 hours of service in the previous 12 months, and if at least 50 employees are employed by the Company within 75 miles.

Basic Leave Entitlement

Employees eligible for FMLA leave may take 12 weeks of unpaid, job-protected leave during a rolling 12-month period for the following reasons:

• For incapacity due to pregnancy, prenatal medical care or child birth;
• To care for the employee’s child after birth, or placement for adoption or foster care;
• To care for the employee’s spouse, son, daughter or parent, who has a serious health condition; or
• For a serious health condition that makes the employee unable to perform the employee’s job.

Leave for reason (2) must be completed within the 12-month period beginning on the date of birth or placement. In addition, spouses employed by the Company who request leave because of reason (2) or to care for an ill parent, may only take a combined aggregate total of 12 weeks leave for such purposes during any 12-month period.

You may not be granted FMLA leave to gain employment or work elsewhere, including self-employment. If you misrepresent facts to be granted FMLA leave, you will be subject to immediate termination.

Military Family Leave Entitlements

Eligible employees whose spouse, son, daughter or parent is on covered active duty or called to covered active duty status may use their 12-week leave entitlement (during the rolling 12-month period) to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service- member during a single rolling 12-month period. A covered service member is: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.* FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available. Spouses employed by the Company may only take a combined aggregate total of 26 weeks of leave.

Definition of Serious Health Condition

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

*The FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of “serious health condition.”

Use of Leave

Leave because of a serious health condition, for care of a seriously ill family member, a serious injury or illness of a service member, or qualifying exigencies may be taken intermittently (in separate blocks of time due to a single covered health condition) or on a reduced leave schedule (reducing the usual number of hours you work per workweek or workday) if medically necessary. In addition, while you are on an intermittent or reduced schedule leave for foreseeable, planned medical treatment, the Company may temporarily transfer you to an available alternative position which better accommodates your recurring leave and which has equivalent pay and benefits.

Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the Company’s operations.

Substitution of Paid Leave for Unpaid Leave

All FMLA leave is unpaid leave. If you request leave under the FMLA for any reason other than your own serious health condition, any available paid vacation you have must first be substituted and used for that unpaid leave. If you request leave because of your own serious health condition, all available paid time off must be taken prior to unpaid time off.

In addition, short-term and/or long-term disability insurance may apply as part of the 12-week leave period when the leave is requested due to your serious health condition or the birth of a child. The substitution of paid leave time for unpaid leave time does not extend the leave period beyond the 12-week or 26-week maximum allowance.

FMLA leave will run concurrently with any other applicable leave, to the extent allowed by law. For instance, vacation, sick, or workers’ compensation leave will be simultaneously designated as FMLA leave as well, if the leave is also FMLA-qualifying.

Employee Responsibilities – Notice and Certification

Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable. Absent unusual circumstances, you must comply with the Company’s customary notice requirements for requesting leave.

The company utilizes a third party administrator for all FMLA leave, UNUM. An employee should contact UNUM directly to initiate a claim. UNUM can be reached at 888-215-1720.

Employees must provide sufficient information for the Company to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave.

If you are requesting leave because of your own or a covered family member’s serious health condition, or a covered service member’s serious injury or illness, you and the relevant health care provider must supply appropriate medical certification. You may obtain a Certification of Health Care Provider form from UNUM. The medical certification must be returned within 15 days after it is requested, or as soon as reasonably possible under the circumstances. Failure to provide requested medical certification in a timely manner may result in denial or delay of leave. It is the employee’s responsibility, not the health care provider’s, to ensure that the Company receives the fully completed medical certification by the deadline. If the Company does not receive a fully completed certification by the deadline (unless there is a legitimate reason for delay), or if the certification does not confirm an FMLA-qualifying condition, the employee’s absences will be treated according to the Company’s regular attendance standards.

The Company, at its expense and where allowed by law, may require an examination by a second health care provider designated by the Company. If the second health care provider’s opinion conflicts with the original medical certification, the Company, at its expense, may require a third, mutually agreeable, health care provider to conduct an examination and provide a final and binding opinion.

If you are requesting leave because of a “qualifying exigency” you must supply appropriate certification. You may obtain a Certification for Qualifying Exigency for Military Family Leave form from Human Resources.

Employees also must inform the Company if the requested leave is for a reason for which FMLA leave was previously taken or certified.

Employees may be required to provide periodic recertification supporting the need for leave.

Administrator Responsibilities

Once a request for FMLA leave is made, UNUM will notify you whether you are eligible for leave. If you are not eligible, UNUM will provide a reason for the ineligibility.

Benefits and Protections

During an approved leave, the Company will maintain your health benefits, as if you continued to be actively employed. If paid leave is substituted for unpaid leave, the Company will deduct your portion of the health plan premium as a regular payroll deduction. Elected optional benefit premiums will accrue during leave. Your premium payment may be adjusted upon return to ensure full payment of all elected optional benefits. If you do not return to work at the end of the leave period, you may be required to reimburse the Company for the cost of the premiums paid by the Company for maintaining coverage during your unpaid leave, unless you cannot return to work because of a serious health condition or other circumstances beyond your control.

If you wish to return to work at the expiration of your leave, you are entitled to return to your same position or to an equivalent position with equal pay, benefits and other terms and conditions of employment, subject to any applicable exceptions. You must return to work immediately after the expiration of your approved FMLA leave in order to be reinstated to your position or an equivalent position. However, you have no greater right to reinstatement or other benefits and conditions of employment than if you had not taken leave.

Certain “key” employees (i.e., a salaried employee who is in the highest paid 10% of employees at a worksite or within a 75-mile radius of that worksite) may not be returned to their former or equivalent position following a leave if restoration of employment will cause substantial economic injury to the Company. The Company will notify you if you qualify as a “key” employee, if the Company intends to deny reinstatement, and of your rights in such instances.

If you take leave because of your own serious health condition, you are required to provide medical certification that you are fit to resume work. To the extent that the employee has medical restrictions, the Company will attempt to provide reasonable accommodations to assist the employee in performing the essential functions of their job. As required by DOT regulations, DOT employees will also be required to have a DOT medical exam to ensure their DOT medical certificate is still valid. Employees failing to provide proper documentation will not be permitted to resume work until it is provided.

Non-discrimination and Non-retaliation Provision

The Company will not interfere with, restrain, or deny the exercise of any right provided under FMLA, nor will it discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

State Leave Laws

To the extent that leave laws in your state contradict this policy or provide additional leave, the state leave law will be followed by the Company.

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Eligible employees should make requests for medical leave to their supervisors at least 30 days in advance of foreseeable events and as soon as possible for unforeseeable events.

A healthcare provider’s statement must be submitted verifying the need for medical leave and its beginning and expected ending dates. Any changes in this information should be promptly reported to the Company. Employees returning from medical leave must submit a healthcare provider’s verification of their fitness to return to work. If the employee has medical restrictions, the Company will attempt to provide reasonable accommodations to assist the employee in performing the essential functions of their job.

When a medical leave ends, the employee will be reinstated to the same position, if it is available, or to an equivalent position for which the employee is qualified.

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Employees can request the use of paid sick leave beginning the first of the month following their 60th day of employment. Paid sick leave can be used in minimum increments of one hour. An eligible employee may use sick leave benefits for an absence due to his or her own illness or injury or that of a child, parent or spouse of the employee.

Employees who are unable to report to work due to illness or injury should notify their direct supervisor before the scheduled start of their workday if possible. The direct supervisor must also be contacted on each additional day of absence. If an employee is absent for three or more consecutive days due to illness or injury, a physician’s statement may be requested to verify the disability and its beginning and expected ending dates. Such verification may be requested for other sick leave absences as well.

Sick time is intended solely to provide income protection in the event of illness or injury and may not be used for any other absence. Unused sick leave benefits will not be paid to employees while they are employed or upon termination of employment. Sick time is not carried over to future years, and paid time off for sick time will not be counted as hours worked for the purpose of determining overtime.

Company employees that are members of a union will follow the sick time schedule, if any, stated in the employee’s collective bargaining agreement.

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The amount of vacation employees receive is dependent on length of continuous service during the previous calendar year which runs from January 1 to December 31. Vacation is accrued throughout the year on a weekly basis. Increases to vacation benefit will occur the first of the year following the anniversary. Vacation must be used in the year in which it is accrued and cannot be rolled over into the following year. Any accrued, but unused vacation will be paid out upon termination in a pro-rated amount based on how many full weeks the employee had worked during the year prior to their termination. If an employee leaves employment and then returns during the same calendar year, their eligibility for vacation benefits will be prorated based on the number of weeks actually worked during the year, less any vacation time already paid out.

The following chart sets forth the amount of vacation pay and time off employees earn. Any earned, but unused vacation will be paid out upon termination.

So, for example, an employee hired on April 1, 2013 will arrive at their 5th anniversary on April 1, 2018. They will be eligible for the increase to 120 hours of vacation on the first of the year following that anniversary, or on January 1, 2019.

New employees in their first year of employment will be eligible for a pro-rated amount of vacation for the calendar year in which their employment began. Employees do not begin accruing vacation and will not be eligible to take vacation during their first 90 days of employment. However, after their 90th day, new employees in their first calendar year of employment will be eligible for vacation as follows:

Vacations must be scheduled in such a way that allows each department to meet its needs. Consequently, managers or supervisors must approve all requests for vacation time. Vacation leave must be coordinated with co-workers and with management to allow work to progress without undue disruption. Employees should submit vacation requests to their supervisor with as much advanced notice as possible. Vacation that will be earned in the current year may be taken prior to being accrued with management approval. Vacation time is paid at the employee’s base pay rate at the time of vacation. It does not include overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials. Paid time off for vacation will not be counted as hours worked for the purposes of determining overtime. Seasonal construction employees who do not work year-round (52 weeks) will continue to receive 5 days of vacation during the season. Company employees that are members of a union will follow the vacation schedule, if any, stated in the employee’s collective bargaining agreement.

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• New Year’s Day (January 1)
• Memorial Day (last Monday in May)
• Independence Day (July 4)
• Labor Day (first Monday in September)
• Thanksgiving (fourth Thursday in November)
• Christmas (December 25)
• Two floating holidays, the dates of which will be determined by division management annually

The Company will grant paid holiday time off to all eligible employees immediately upon assignment to an eligible employment classification. Holiday pay will be calculated based on the employee’s straight-time pay rate (as of the date of the holiday) times the number of hours the employee would otherwise have worked on that day (maximum eight hours). Eligible employee classification(s):

• Regular full-time employees
• Seasonal full-time employees (only if the holiday falls during their period of active work)
• Regular part-time employees who are projected to work at least 1,000 hours in the current calendar year. Part-time employees who are projected to work less than 1,000 hours in the current calendar year are not eligible to receive holiday pay.
• Paid co-ops and interns (only if the holiday falls during their work rotation)

The following conditions apply to the payment of holiday pay:

• If eligible nonexempt (hourly) employees work on a recognized holiday, they will receive holiday pay plus wages at their straight-time for the hours worked on the holiday.
• Paid time off for holidays will not be counted as hours worked for the purposes of determining overtime.
• To be eligible for holiday pay, employees must be actively working and must work the last scheduled day immediately preceding and the first scheduled day immediately following the holiday. Employees who have an unscheduled absence the day before or after the holiday will not be paid for the holiday. Approved vacation immediately preceding or following the holiday will be considered a work day for this purpose.
• Employees are not eligible for holiday pay while on layoff.
• A recognized holiday that falls on a Saturday will be observed on the preceding Friday. A recognized holiday that falls on a Sunday will be observed on the following Monday.
• If a recognized holiday falls during an eligible employee’s paid absence (such as vacation), holiday pay will be provided instead of the paid time off benefit that would otherwise have applied.

Union employees’ holiday schedule may be different and the collective bargaining agreement will apply.

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Company employees that are members of a union will follow the benefit provision, if any, in the employee’s collective bargaining agreement.

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