WELCOME
I would like to take this opportunity to welcome you to Midwest Masonry Construction, Inc. It is the goal of Midwest Masonry Construction, Inc., to be responsive to the needs of our employees and to provide a safe and rewarding workplace.
MISSION STATEMENT
The primary mission of Midwest Masonry Construction, Inc. is to provide quality masonry construction services at a reasonable price to our customers and fair profit to the company, for risk taken, return on investment, and for company expansion, all of which are necessary to provide employment opportunities to the employees of the company.
Each employee, by performing his or her job safely and efficiently can help the company achieve the mission. Each employee is expected to act as a positive salesperson for the company’s services by behaving in a professional and courteous manner in all their contacts. Work quality, personal appearance and community service are ways employees can help Midwest Masonry Construction, Inc., reach its goals.
EQUAL OPPORTUNITY EMPLOYMENT STATEMENT
Midwest Masonry Construction, Inc., does not discriminate against any employee or applicant for employment or during employment because of age, race, creed, color, national origin, ancestry, marital status, or sex.
INTRODUCTION
This handbook is written to advise you of the various considerations of the company in making decisions and to assure you are aware of the policies by which the company evaluates employee related issues. IT IS A CONDITION OF YOUR EMPLOYMENT THAT YOU HAVE READ AND UNDERSTAND MIDWEST MASONRY CONSTRUCTION, INC.’S, POLICIES AND PROCEDURES MANUAL. YOU ARE REQUIRED TO SIGN THE ATTACHED ACKNOWLEDGEMENT FORM INDICATING YOU HAVE READ AND UNDERSTAND THIS POLICIES AND PROCEDURE MANUAL. Any questions you may have are to be directed to the person who authorized your employment. If your questions are not answered to your satisfaction, please call Grant Caffrey at 785.856.4000 for additional information.
MANAGEMENT STATEMENT
Midwest Masonry Construction, Inc., intends to be consistent in the application of all policies. It is both policy and practice at Midwest Masonry Construction, Inc., to uphold all contracts, bargains, and agreements with every person, customer, supplier and employee. Employee compensation is determined solely by company.
THE COMPANY
Midwest Masonry Construction, Inc., is a Subcontractor engaged primarily in masonry construction. The home office of the company is located at:
930 E. 28th Street
Lawrence, KS 66046
Telephone: 785.856.4000
Midwest Masonry Construction, Inc., is an open shop company. Midwest Masonry Construction, Inc., believes that each employee is entitled to fair treatment and safe working conditions as provided by federal and state laws and regulations. It is the goal of Midwest Masonry Construction, Inc., to provide safe working conditions, opportunities for education, employment and advancement and wages equal or exceedingly then current fair market values for such services. Midwest Masonry
Construction, Inc., does not recognize seniority or working jurisdiction claims. Compensation is determined solely by company, based upon performance, and wage increases are merit based. Midwest Masonry Construction, Inc., is an employer at will and will not tolerate any form of employee discrimination in accordance with federal and state laws and regulations, including racial, age, sex, creed, economic status, national origin, or non-job performance related disability. Sexual harassment will not be tolerated in any form. Each employee is requested to report any incident of discriminatory behavior or any behavior that could be interpreted as harassment. Employee wages and any increase or decrease in benefits are based, in part, upon Midwest Masonry Construction, Inc., labor and management’s ability to market quality services to our customers, increased wages from expanded work opportunities, increase sales and more efficient methods of production.
EMPLOYMENT AT WILL POLICY
The Company does not offer tenured or guaranteed employment. Either the Company or the employee can terminate the employment relationship at any time, with or without cause, with or without notice. This is called Employment at Will.
This employment at will relationship exists regardless of any other written statements or policies contained in this Handbook or any other Company documents or any verbal statement to the contrary.
BACKGROUND CHECK POLICY
The Company reserves the right to verify all information pertaining to an applicant and/or an employee, from time to time, including, but not limited to, identity verification, credit reports, criminal history, wants and warrants, other employment, education/credential verification, reference checks, health information to the extent permitted by law, and any and all other public information. By making application or accepting employment, employee agrees to all such searches or background checks, any other language notwithstanding.
EMPLOYMENT APPLICATION POLICY
All Midwest Masonry Construction, Inc., employment applications must be completed prior to employment by Midwest Masonry Construction, Inc., unless the applicant has completed a Midwest Masonry Construction, Inc., application form within the previous ninety (90) days, and the information is still accurate as verified by company. In addition to the requirement for prospective employees to complete a written application, applicants are required to complete federal withholding forms I-9 and W-4 in full prior to employment. The employment application must be completed before the applicant begins work. If any document in the application process is not complete, including the results of a background check, the employee will not be permitted to begin work on the scheduled start date until such information and results of background check are complete. Failure to complete or update an employment application, or, to advise company of any material changes in any statements made in employee’s original or updated employment application, or inaccurate information in such original or updated application shall be grounds for termination for cause.
OPEN DOOR POLICY
The company maintains an open-door policy for employees to talk about their employment with the company. In an effort to provide the most productive work environment, any employee who has a question or complaint about their employment
should first contact their foreman or superintendent. If, after their discussion with the foreman or superintendent, their question or complaint is not resolved, the employee should contact Grant Caffrey, President, for further assistance or clarification. Each employee is very important to Midwest Masonry Construction, Inc., and we are committed to make each employee’s job as satisfactory as possible, consistent with the company’s goals of safety, quality, and competitiveness.
NON-DISCRIMINATION POLICY
It is Midwest Masonry Construction, Inc.’s policy to recruit, hire, train, promote, assign, transfer, discipline, layoff, recall and terminate employees based upon their abilities, achievements and experience without regard to race, age, religion, creed, sex, economic status, disability, or national origin. The company also affords equal employment opportunities to qualified veterans and qualified non-job performance related disabled individuals commensurate with safety requirements as promulgated by federal and state laws and regulations.
DRUG AND ALCOHOL POLICY
The company prohibits the use, possession or distribution on its premises, facilities or work sites of any of the following: alcoholic beverages, intoxicants, narcotics and scheduled drugs as defined by federal and state laws and regulations, illegal or unauthorized drugs including marijuana look-alike (simulated) drugs, and related drug paraphernalia.
Company employees shall not report for duty under the influence of any drugs, alcoholic beverages, intoxicants, scheduled drugs or any other substances (including legal prescribed drugs and over-the-counter medicines) which will in any way adversely affect their working ability, alertness, coordination, response, or adversely affect the safety of others on the job. Entry into or presence upon any and all company premises, facilities or work sites by any person is conditioned upon the company’s right to search the person, personal effects, vehicles, lockers, baggage, and quarters of any employee or other entrant for any substances identified in the paragraphs above. By entering into or being present upon company premises, facilities or work sites, any person is deemed to have consented to such searches, which may include periodic and unannounced searches of anyone while on, entering, or leaving company premises, facilities or work sites. These searches may include the use of electronic detection devices, scent trained dogs, or the taking of blood, urine, hair or saliva samples for testing to determine the presence of substances named in the paragraphs above. The company also reserves the right at all times to have authorized personnel conduct periodic examination of its employees and employees of its subcontractors and suppliers for the purposes of determining whether any such person present on any company premises, facilities, and/or work sites is using illegal drugs or alcohol. To the extent such examinations are deemed to be subject to federal or state requirements, specifically including, but not limited to, HIPAA requirements, those requirements are waived by employee to the fullest extent permitted by the law.
THE TAKING OF BLOOD, URINE, HAIR OR SALIVA SAMPLES FOR TESTING MAY ALSO BE REQUIRED FROM ANY PERSON ON COMPANY PREMISES, FACILTIES, OR WORK SITES WHO IS SUSPECTED OF BEING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, WHO IS INVOLVED IN A VEHICULAR ACCIDENT, OR WHO IS
INVOLVED IN A RECORDABLE ACCIENT AS DEFINED BY THE OCCUPATIONAL AND SAFETY AND HEALTH ACT (OSHA).
Any person who refuses to submit to such a search, screening or testing as described in this policy, or who is found using, possessing or distributing any of the substances prohibited by this policy or who is found under the influence of any such substances, is subject to disciplinary action, up to and including immediate discharge of the employee, or removal from and future prohibition from entering the premise, if not a company employee.
Legally prescribed drugs may be permitted upon company premises, facilities or work sites, provided the drugs are contained in the original prescription container and are prescribed by an authorized medical practitioner for the current use of the person in possession of such medication. Any person in possession of a valid prescription drug when on or entering the company premises or work site may be required to complete a prescription drug form and the company or authorized company
representative may, as it deems appropriate, determine whether the drug produces effects which may be hazardous to the employee, other employees, other third parties or to the company, directly or indirectly. The company has the right, in its discretion, to report the use, possession, or distribution of any substance prohibited by this policy to law enforcement officials of any such substances found on any company property, premises or work sites.
LABOR WAGE POLICY
Midwest Masonry Construction, Inc., is an open shop contracting company that has no labor agreements with any craft, trade or organization. Midwest Masonry Construction, Inc., is an employer at will.
A normal full-time work week is deemed to be forty (40) hours. Work schedules or conditions which require an alternate workday, swing shift work, or four ten-hour workdays shall be at the sole discretion of Midwest Masonry Construction, Inc. Daily work plans, schedules and policies shall be in compliance with all applicable federal and state labor laws.
COMPANY OWNED VEHICLES
Company owned vehicles shall not be used for personal use, except in cases of medical or other life- threatening emergency. All employees driving company vehicles are subject to motor vehicle record checks. All passengers must ride inside the cab of any company vehicle. At no time shall employees be allowed to ride in a truck bed or on any portion of the outside of company vehicle. Compliance with all state motor vehicle laws and safe driving techniques is required, specifically including, but not limited to, the use of seat belts.
WORK SITE
The following Declaration of Principles will govern work site conduct of all employees of Midwest Masonry Construction, Inc.:
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Company safety policies include all safety policies required by federal or state workplace safety statutes and regulations, specifically including, but not limited to, the Occupational Safety and Health Act (OSHA) and will be enforced at all times. No employee, from general supervisor to laborer, has the authority to waive such company safety practice policies.
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Unless required by law or particular contract term, there shall be no limitations as to the amount of work an employee can perform during the workday.
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There shall be no restriction on the use of any machinery, tools or technology, other than the operational requirements of such machinery, tools or technology as set forth in the manufacturer’s operations manual, any training provided by or through company and regulatory directives; PROVIDED each employee is strictly prohibited from operating any tool or machinery for which they have not been trained and certified to operate as determined by the company.
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No unauthorized person shall have the right to interfere with workers during their work hours. Unauthorized persons who enter or loiter around company premises, facilities or work sites shall be removed forcibly and lawfully, which may include the removal by law enforcement officers.
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Midwest Masonry Construction, Inc., is an employer at will, and may increase and decrease the work force, issue layoffs and terminations without cause. It is the policy of Midwest Masonry Construction, Inc., to assign work based upon economy, efficiency and skill required.
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In addition to the project specification requirements, Midwest Masonry Construction, Inc., will provide the following at each work site:
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Cool, sanitary drinking water
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Sanitary toilet facilities.
Midwest Masonry Construction, Inc., does not recognize any work assignment jurisdictions, and employees are expected to perform the work set out by the company as represented to employee by management.
DISPUTES AND GRIEVANCES
Work site disputes and grievances should first be attempted to be resolved at the work site. In the event of an employee dispute or grievance, the employee is required to notify the project superintendent who will make a written report of all pertinent facts of the dispute. The report may record the solution options given to the participating employee(s) by the superintendent. The agreed solution to any dispute or grievance shall be recorded, signed, and dated by the superintendent, all participating employee(s), whether disputant or mediator, and any witnesses. The original written report containing the required information of all work site disputes and grievances shall be promptly provided to Grant Caffrey, President, in writing, but, in all events, no later than 24 hours following the date of the dispute or grievance. A copy of the signed report may be kept at the work site for future reference. In the event the dispute or grievance cannot be immediately resolved at the work site, the employees may be required to leave the job site voluntarily or forcibly with the assistance of law enforcement officers and may be placed on administrative leave, with or without pay, until the incident can be fully investigated, and determination reached by company.
ATTENDANCE AND TARDINESS
Full-time employees are expected to perform their duties from Monday through Friday from 7:00 a.m. to 3:30
p.m. or as directed, with one-half (1/2) hour for lunch and time for breaks as directed by work site management, unless otherwise required by applicable statute or regulation, for their regular compensation; PROVIDED, in the event the work schedule, determined in the sole discretion of company, requires longer hours or an extended work week, then, in that event, employees are expected to appear at the designated work site at such designated times until the work is complete; and, FURTHER PROVIDED, that salaried employees are expected to work those hours necessary to complete their assigned duties, without regard to overtime compensation.
Part-time employees and/or seasonal employees are expected to perform the work assigned to them for the period of time assigned for completion of such work.
Full-time employees who do not appear for work, or who appear late to their assigned work site, shall have their wages for such non-appearance or tardiness reduced accordingly, subject to the terms of these policies and procedures and any applicable statutes and regulations.
CORPORATE PAYROLL POLICY
The following guidelines are provided to inform employees of the company’s policies regarding payroll.
The guidelines will be strictly adhered to.
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The payroll period starts on Sunday 12:00 a.m. and ends on Saturday 11:59 p.m. All timesheets are to be turned into the office no later than Monday morning at 9:00 a.m. following the end of the pay period. Payroll checks will be deposited directly into the employee’s bank account, in accordance with the information furnished by the employee, each Friday following the end of the pay period. If you choose not to have direct deposit of payroll, you may pick up your check from the office. The check will be available on the Monday following the Friday direct deposit date and you must present a valid photo ID to pick up a check. If the following Monday is a holiday, the check may be picked up on the first business day following the holiday.
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If you are requested or required to carry a timesheet, the timesheet must be completed each day. The correct number of hours worked on each job, a brief description of the work performed at each job location, and any receipts, work orders, or bills of lading for any job, materials or equipment used on each job should also be submitted with the timesheet.
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Standard working hours are eight (8) hours per day, to be performed between the hours of 7:00 a.m. and 3:30 p.m. or as directed, with one-half hour for lunch, unless the project superintendent establishes a different schedule. All wages are hourly.
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The beginning rate of pay is as agreed upon by the Job Superintendent. Overtime is paid at time and one-half (1 ½) fo any hours worked over forty (40) hours in one week and for work performed on all company observed federal holidays.
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All delivery or pick up tickets received for supplies or materials, dump charges, or any other outside vendor services shall be submitted to the office each week together with the timesheets. All such tickets must be appropriately identified as to the job to which they apply.
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If an employee believes they have been incorrectly paid for any reason, the employee should inform the supervisor or payroll department immediately. If the discrepancy is not resolved, the employee shall submit, in writing, a request for verification or correction of the paycheck to Grant Caffrey within three (3) working days of identification of such discrepancy. If written notification of discrepancy / request for resolution is not presented within this time period, then the pay will be deemed accurate, and no subsequent adjustments shall be made.
REPORTING FOR DUTY (SHOW UP TIME)
It is the policy of Midwest Masonry Construction, Inc., not to pay any time for employees to report for duty at their regularly scheduled time (show up time) when weather conditions or conditions beyond the control of Midwest Masonry Construction, Inc., prevent the employee from starting work at the preplanned time. If the project superintendent or project manager directs, as a condition of employment, the employee to report to the work site and then fails to put the employee to work for any reason, the employee shall receive two hours wage at the regular hourly rate for reporting to duty as required.
WORK OPPORTUNITIES AND WORK SECURITY
Midwest Masonry Construction, Inc.’s, goal is to maintain steady work opportunities for all its employees. In the construction industry, it is customary and necessary to increase or decrease the work force in accordance with weather, work demands, and other factors as determined by Midwest Masonry Construction, Inc. In such circumstances, layoffs may be necessary. In the event of a layoff, the following factors will be considered:
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The company’s need for a specific, skilled work force;
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The present ability to perform the work assigned skillfully, i.e., the employee’s training and qualifications;
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Reliability, efficiency, attendance, attitude, and compliance with company policies and state and federal laws and regulations.
Due to the nature of the industry and work opportunity, layoffs will occur from time to time. Any benefits, if any, will be determined by federal and state statutes and regulations, as amended from time to time.
JOB DUTIES
Flexibility in our work force is a goal and requirement of employment with Midwest Masonry Construction, Inc. Each job description is based upon project needs of the company. Every effort will be made to match the skills of employees with the task available. Employees are expected and required to perform the duties of each assignment in a safe and efficient manner and in accordance with all applicable state and federal laws and regulations.
BENEFITS
Jury Duty
If you are called to jury duty, notify your supervisor immediately and provide the request for jury duty form to the human resources department. Midwest Masonry Construction, Inc., will not compensate you for the time you are on jury duty. If the jury is dismissed early on any day or the employee is excused subject to call, the employee is expected to report to work for the balance of the shift or workday.
Medical Leave
Company does not provide medical leave, subject only to applicable statute and regulatory requirements, unless otherwise agreed in writing by both company and employee.
Workers Compensation
Midwest Masonry Construction, Inc., and employee, and each of them, will comply with all federal and state worker’s compensation statutes and regulations.
Funeral Leave
Full-time employees who have a death in the immediate family will be granted three days of funeral leave upon request. Immediate family includes spouse, child, stepchild, mother, father, brother or sister. Any other funeral leave, including but not limited to, additional days or for a non-immediate family member shall be granted at the sole discretion of the company. All time taken for funeral leave shall be uncompensated unless otherwise agreed in writing between the company and the employee requesting the leave.
Holidays
There are no paid company holidays for hourly employees. Employees required to work on federally designated national holidays will be paid not less than one and one-half (1 ½) times their regular hourly wage.
Sick Leave
There is no paid sick leave for hourly employees.
Vacation
There is no paid vacation leave for hourly employees.
Medical Insurance
From time to time, the company provides partial payment of a health plan premium for employees. A copy of the then current company health plan premium payment policy if any and as amended from time to time, shall be attached to the Policies and Procedures Manual as Attachment A. If qualified to participate, Employee must pay any additional premium for themselves, spouse, children or family coverage unless otherwise agreed in writing.
TERMINATION
A steady work force which comes to work on time, works hard, performs as skilled craftsmen, and does not have high turnover guarantees productivity. If an employee does not adopt this approach, they will be subject to discharge at company’s option. Absenteeism, tardiness, intoxication, mistreatment of others, equipment or other property, violation of safety, non-discrimination, or drug and alcohol policies, misappropriation of equipment or materials, or failure to perform the job required in an efficient, skillful manner are non-exclusive examples of conduct which can result in termination of equipment cause.
Upon termination, company management will determine completion of an Employment Termination Checklist. That checklist, if completed, will be included in Employee’s personnel file.
Status upon Termination
Repayment of advances: Any unpaid payroll advances will be subtracted from the employee’s final check.
Payment of money owed the employee: Any unpaid expenses for company business purposes (turned in on an expense report) will be paid in the final paycheck.
Verification of address: Verify that the employee’s emergency contact information is up-to-date and that the company can contact that person to locate them if the company has trouble delivering documents or notices, specifically including income tax reporting form.
Medical: In the United States, organizations comply with applicable state continuation coverage statues and regulations, if any, or with the Consolidated Omnibus Budget Reconciliation Act of 1980 (COBRA) and extend to eligible employees and their enrolled dependents the right to continue health care plan coverage for a specified period of time at their own expense and at full cost, as amended from time to time. If applicable to employee at the time of termination, Company will provide that information Employee.
SAFETY
Safety is of paramount importance to Midwest Masonry Construction, Inc., and the company goes to great expense to provide a safe workplace. Any questions regarding the safety policy should be directed to your superintendent. The employee must read, understand and comply with our Safety and Hazard Communication Programs. Safety talks and hazard warnings are serious matters. Violations of safety standards are cause for immediate termination. In the event of an on-the-job accident or other safety violation, the employee shall immediately notify his or her supervisor. Supervisors are required to immediately notify the company of such accidents in order to access benefits, if any, related to workplace accidents.
COMPANY RULES: ADDITIONAL POLICIES AND PROCEDURES AND AMMENDMENTS TO EXISTING POLICIES AND PROCEDURES
In addition to the general provisions of employment as set forth in this Policies and Procedures Manual, Midwest Masonry Construction, Inc., reserves the right to publish additional rules or amend existing rules at its discretion in writing and without advance notice, pertaining to the whole company or to a particular work site. Any additional or amended rules provided to the employee in writing become part of these Policies and Procedures Manual and such changes should be maintained with this document.
AMENDMENTS
All amendments, changes, additions or deletions to the Company’s policies and procedures shall be in writing and delivered by Company to the employee.
ACKNOWLEDGEMENT
The undersigned hereby states that he/she has read the Policies and Procedures Manual of Midwest Masonry Construction, Inc., and understands the contents of this manual. The undersigned has received a copy of this manual. The undersigned further states that he/she will abide by the terms and conditions of this Policies and Procedures Manual and understands that failure to do so may result in disciplinary action, up to and including immediate termination.