AMALGAMATED WORKERS UNION LOCAL 88
COLLECTIVE BARGAINING AGREEMENT
This Agreement effective from the 1st day of September 1999, by and
between Amalgamated Workers Union Local 88, RWDSU, AFL-CIO, located at 0000
Xxxxxxxx Xxxxxx, Xxxxxxx xx Xxxxxxxx, Xxxx and State of New York, (hereinafter
referred to as "UNION") and XXXXXXX CHAUS, INC., with a principal place of
business at 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx (hereinafter referred to as the
W I T N E S S E T H:
Whereas, it is the intent and purpose of the parties to promote and
improve the industrial and economic relations between the Company, its employees
and the Union, to establish a basic understanding relative to rates of pay,
hours of work, and other conditions of employment and to provide means for the
amicable adjustment of all disputes and grievances:
NOW, THEREFORE, the parties hereto agree as follows:
The Company recognizes and acknowledges the Union as the sole and
exclusive collective bargaining agent for all of its warehouse and distribution
employees, van drivers, porters, messengers, maintenance employees, warehouse
quality control employees, account payable, accounts receivable employees
located at its production facility at 000 Xxxxxxxx Xxxx, Xxxxxxxx, Xxx Xxxxxx
00000; excluding all salaried employees, confidential employees, computer
department employees, allocation department employees, outlet store employees,
security employees, working foremen, foremen, managers, designers, executives,
all sales persons and supervisory employees. The Company further recognizes and
acknowledges the Union as the sole and exclusive collective bargaining agent for
all its sample room and maintenance employees located at its production facility
at 000 Xxxxxx Xxx Xxx Xxxx, Xxx Xxxx 00000, excluding all salaried employees,
pattern makers, Sketchers, fitters, drapers, computer department employees,
scheduling department employees, working foremen, foremen, sales persons,
confidential employees, supervisory employees, and textile studio employees.
2.1 It shall be a condition of employment that all employees of the
Company covered by this Agreement who are members of the Union in good standing
on the effective date of this Agreement shall remain members in good standing;
and all employees covered by this Agreement who are not Union members and are
hired on or after the execution date of this agreement shall on the first of the
month following the thirtieth (30th) calendar day of such employment become and
remain members in good standing with the Union. Good standing with the Union
will be defined in accordance with applicable National Labor Relations Board and
Federal case law.
2.2 The Company shall notify the Union of all new employees hired
within one week following their first day of employment. New employees shall be
employed on a probationary period until the first day of the month following the
first sixty (60) calendar days of the individual's employment with the Company.
During or at the end of the probationary period, the Employer may discharge such
employee for any reason, at any time, which need not be stated by the Employer.
Such discharge shall not be subject to the grievance/arbitration provisions of
this Agreement. If an employee is discharged during his/her probationary period
and is then subsequently hired again, such rehiring shall be considered a new
hiring and no credit will be given for time worked during the previous
probationary period. Upon successful completion of the probationary period, the
employee will become a regular bargaining unit employee subject to the terms of
this Agreement with his/her seniority measured back to the first day of
employment. Employees are not eligible to receive any benefits during their
probationary period except as otherwise indicated by any specific term of the
2.3 The Union shall indemnify, defend and save the Employer harmless
against any and all demands, suits or other forms of liability that shall arise
out of or by reason of discharging any employee requested or required by the
Union as a result of this Article.
HOURS OF WORK AND WAGES
3.1 All bargaining unit employees will work a regular forty (40) hour
work week divided into five (5) days Monday through Friday of eight hours per
day plus a thirty (30) minute unpaid meal period. Time and one-half shall be
paid after forty (40) hours of work in a week. Time and one-half shall be paid
for work done on Saturdays. Double time shall be paid for work on Sundays if the
employee works the day before and the day after. Time and one-half, plus holiday
pay at regular pay, shall be paid for work on the paid holidays hereinafter
3.2 Overtime may be offered to employees on a daily or weekend basis.
may be required to work overtime as needed. Continued failure to work overtime
as required will result in disciplinary action. Employees will be offered
available overtime based on qualification and seniority, especially in the Q.C.
area. Employees will be offered training in specialized areas such as Q.C. so
that they can be certified to work overtime there, even though it is not their
regular work area.
In order to be eligible to work available overtime on weekends, the
employee must have worked at least two (2) days of daily overtime in the work
week until at least 8:00 p.m. each day. Failure to do so may disqualify the
employee from working weekend overtime at the sole discretion of the employer.
If there are more qualified employees than needed to work weekend overtime,
employees will be offered weekend overtime work on a seniority basis (i.e.
needed employees will then be drawn from a pool of employees, who worked at
least two (2) days of overtime until 8:00 p.m., by seniority and ability to do
the job.) Employees who are selected to work weekend overtime must work the full
weekend shift unless they are excused from doing so by management on a case by
case basis for exceptional reason or cause. Any excuse from working the full
overtime shift may not be used as precedent in any future situations that may
4.1 The following days shall be deemed holidays under this Agreement
with pay for such day at the employee's average straight time hourly earnings
for the week in which the holiday occurs, except when an employee is absent from
work the day preceding or following the holiday without acceptable excuse,
holiday pay will not be granted.
NEW YEAR'S DAY LABOR DAY
PRESIDENTS DAY THANKSGIVING DAY
MEMORIAL DAY DAY AFTER THANKSGIVING DAY
INDEPENDENCE DAY CHRISTMAS DAY
TWO FLOATING HOLIDAYS ANNUALLY - which can be taken after a two (2) weeks notice
is given to the Company. These holidays may not be taken consecutively, or on a
normal workday immediately preceding or following another Holiday.
EMPLOYEE'S OWN BIRTHDAY - it is agreed if it falls on a weekend or holiday that
it may be taken at any time during the week in which it falls.
4.2 Should any of the aforementioned holidays occur on Sunday, it
shall be celebrated on the following Monday. Should any holiday listed above
occur on a Saturday, it shall be celebrated on the preceding Friday.
4.3 Should any of the aforementioned holidays fall within the
probation period referred to in Subsection 2.1 the employee shall receive pay
for such holiday after the probationary period has been satisfactorily
completed. All laid-off employees shall receive holiday pay for the
aforementioned holidays if they have worked at any time within thirty (30) days
preceding the holiday, except employees laid off for just cause.
5.1 The Company shall grant to all of its employees during each
anniversary year vacations as follows:
AFTER 1 YEAR 2 Weeks *
*One (1) week shall be available after six (6) months of consecutive employment.
AFTER 3 YEARS of employment the employee shall begin accumulating
vacation at the rate of 1 week every 4 months This accumulation occurs during
the fourth (4th) year of employment.
AFTER 10 YEARS of employment the employee shall begin accumulating
vacation at the rate of 1 week every 3 months. This accumulation occurs during
the eleventh (11th) year of employment.
AFTER 15 YEARS of employment the employee shall begin accumulating
vacation at the rate of 1 week every ten and one-half (10 1/2) weeks. This
accumulation occurs during the sixteenth (16th) year of employment.
5.2 Vacation money shall be paid immediately before the employee
leaves for his vacation period; the vacation period shall be designated by the
Company at the Company's discretion, at least four (4) weeks prior to the time
it commences. Holidays falling during the vacation period shall be paid for, in
addition to the vacation pay. The Company may schedule a vacation shutdown
period, and all employees will be required to take their vacation during such
5.3 Employees laid-off, discharged or quitting prior to the vacation
period shall be paid vacation monies on a pro-rata basis at the time such
employment is terminated. Should the laid-off employees be recalled, then, at
the time of vacation period, they shall receive the balance of vacation pay due
them. Lay-off time, up to a maximum of two (2) months in any anniversary
year, shall be credited as time worked for vacation purposes. In event of the
death of any employee covered by this Agreement, vacation monies due, on a
pro-rata basis, shall be paid to the designated beneficiary. Vacation time may
not be banked from year to year.
The Employer will provide eight (8) vacation slots per year where
an employee could take three (3) consecutive weeks of vacation. Employees will
not be able to select three (3) week vacations slots during the months of March,
June, September and December. Employees will be offered this opportunity in
descending order of seniority over the life of the contract among employees who
are eligible to receive three (3) weeks of vacation. Once an employee is offered
one of those special vacation slots and either refuses it or accepts it, he/she
will be moved to the bottom of the seniority list.
It is the intention of the company to normally close the Distribution
Center for the first week of July, and employees may take available vacation at
that time. However, based on business and operational needs, the Company - at
its sole discretion - may decide to remain open or to be open on a limited basis
during that week. The company will try to give reasonable notice to the Union
and employees if it decides NOT to close or to remain partially open during that
All Bargaining Unit employees who have completed their probationary
period at the time of an increase, shall receive increases based on the
September 1, 1999 - Fifty (0.50) cents per hour increase.
January 1, 2000 - Fifty (0.50) cents per hour increase.
September 1, 2000 - Three (3%) percent per hour increase.
September 1, 2001 - Three (3%) percent per hour increase.
September 1, 2002 - Three (3%) percent per hour increase.
Upon a new employee's entry into the Union, the employee shall receive a
five (5%) wage increase.
Nothing in this Agreement shall preclude the Company from giving merit
increases to individual employees.
7.1 The Employer shall have the right to discipline/ discharge
employees for Just cause. Discipline steps normally provided will be:
Written Warnings (2)
Unpaid Suspension Cup to one (1) week]
The Employer shall have the right to advance the level of discipline to whatever
step it believes is appropriate under the circumstances up to and including
immediate discharge. It may also utilize an unpaid investigatory suspension
whenever it believes it is necessary in order to take proper action with regard
to an employee. If an employee is not disciplined as a result of the
investigation, the employee will be paid for time lost without pay an a result
of the investigation.
7.2 Any disciplinary action or measure imposed by the Company on a
non-probationary employee, which cannot be adjusted between the parties, may be
processed as a grievance through the regular grievance process but directly at
step three (3) and then through Arbitration. However, the Union must raise the
issue through the grievance process no later than ton (10) days from the date of
disciplinary action. The failure to discipline or discharge in any particular
instance shall not be deemed to be a waiver of the Employer's right with respect
to future or other instances involving the same or different employees.
7.3 The Employer shall have the right to establish and enforce
reasonable rules of conduct and to discipline employees for violations of same.
Such reasons for discipline/discharge may include but are not limited to:
dishonesty, theft, possession, sale or being under the influence of illegal or
controlled substances drugs or alcohol on Company premises; assault; refusal to
work; failure to perform the assigned work satisfactorily; insubordination;
chronic lateness and chronic absenteeism; refusal to work overtime contrary to
the terms of the contract; destruction of Company property; fighting, etc.
7.4 Disciplinary actions shall be removed from employees Active File
after they are thirty (30) months old.
8.1 Seniority shall be plant wide by classification, and the
principle thereof shall be applied by the Company when it determined ability is
equal to lay-offs and rehiring. The Company shall furnish the Union a seniority
list within ten (10) days from the date of this executed Agreement.
9.1 There shall be no discrimination of any kind against any member
of the Union, for Union activity, race, color, creed, sex, age, or nationality.
10.1 All military leaves shall be as provided by the Military Act or
other legislation governing same, except that in any event, employees shall be
restored to their former positions at the prevailing rate of pay, on the basis
of seniority, the time spent in military service considered as time actually
employed by the Company. Reinstatement, however, must be applied for within
ninety (90) days after receiving an honorable discharge, and the applicant must
be physically and mentally able to do the work.
11.1 The Union shall have the right to designate a Shop Xxxxxxx in
each plant covered by this Agreement. The Union must notify the Employer in
writing when an individual is either appointed to or removed from a Shop Xxxxxxx
position. Properly designated Stewards shall have the right to take up with an
authorized representative of the Company, at times which are mutually agreed,
all grievances arising out of this Agreement. Shop Xxxxxxx will have no
authority of any kind except that given them under this Agreement, and no Shop
Xxxxxxx will engage in any conduct which interferes with or impedes the normal
work or encourage employees to do the same.
REDUCTION OF WAGES RATES
12.1 Nothing in any provision of this Agreement shall be so construed,
anything to the contrary not withstanding as to effect reduction in the wage
rate of any worker.
CHECK - OFF
13.1 The Company agrees to deduct from the salary of any present or
future employee covered by this Agreement, as directed by the Union, the amount
of dues and initiation fees the employee is required to pay to the Union. As to
new employees, the Company will deduct from their salaries such amounts as the
Union will xxxx the Company for the purposes hereinabove specified.
13.2 Once a month, within one week after the last day of the preceding
month the Company will deliver the money's billed and required to be deducted
during the preceding month to a duly authorized representative designated by the
Union for the purposes. The Union agrees that it will file with the Company
written authorizations for such deductions, which shall comply with the law.
13.3 The Union shall indemnify, defend and save the Employer harmless
against any and all claims, demands, suits or other forms of liability that may
arise out of or by reason of action taken by the Employer in reliance upon this
article or payroll deduction cards.
14.1 Any and all complaints, disputes and grievances or differences
arising under and during the term of this Agreement, between the Company and
employees in the bargaining unit, and/or the Union, with respect to wages, hours
of work, and conditions of employment, shall be handled in accordance with the
1) The grievance shall be discussed, within five (5) working days of
the occurrence thereof, by the employee involved, with his
immediate supervisor, in an attempt to settle the matter. The
Union Xxxxxxx may or may not be present, at the election of the
aggrieved, and said xxxxxxx. The supervisor involved shall give
an oral answer with respect to the grievance immediately, if
possible, but not later than three (3) working days following the
discussion. If the oral answer given by the supervisor does not
settle the issue, then the employee and/or the Union Xxxxxxx may
proceed with the next grievance step.
2) Within three (3) working days following receipt of the oral
answer provided for in step 1, the chief Union Xxxxxxx and
aggrieved employees may present the grievance in writing
(specifying the provision of the contract allegedly violated), to
the appropriate department or plant manager or his designated
representative, with a copy to the Union business representative.
The manager shall then meet with the aggrieved employee and the
chief Union Xxxxxxx within three (3) working days following his
receipt of the written grievance and shall attempt to settle the
matter. If settlement is reached, the matter shall be considered
closed. If the grievance is not settled, a written and signed
decision setting forth the manager's position, and the reason
therefore, shall be submitted by the manager to the chief Union
Xxxxxxx and the aggrieved employee within three (3) working days
following said meeting. If the grievance is not settled at this
3) Within seven (7) working days following receipt of the managers's
written decision, the business representative of the Union and a
designated representative of the Company shall meet at a mutually
convenient time and place and attempt to settle the grievance. If
a settlement is reached, it shall be reduced to writing and
signed by both of said representatives.
4) In the event that any complaints, claims, disputes, or
differences are not settled in accordance with the foregoing
steps, the same may be submitted to arbitration in accordance
with the Article covering that subject.
14.2 Only those grievances or disputes, between the Company and the
employees and/or the Union, which involve an alleged violation of a provision of
this Agreement or an allegation that it has not been properly interpreted or
applied, may be carried beyond the grievance procedure into arbitration under
the section. Either the union or the company may request arbitration of a
grievance or dispute, in writing, at any time during a period of seven (7)
calendar days following the meeting under step (3) three of the Grievance
Article. Upon such timely request, the arbitration shall proceed as follows:
The Company and the Union shall confer and discuss the selection of a
neutral arbitrator, and if they cannot agree upon an individual, they shall
submit the matter to the New Jersey State Board of Mediation for cases arising
in the New Jersey location and to either the American Arbitration Association or
the New York State Employment Relations Board (by agreement between the parties)
for cases arising in the New York location, for selection of an arbitrator in
accordance with the Rules of the Board or Association as appropriate. Only the
Union or Company may bring a matter to arbitration.
14.3 Time shall be considered to be of the essence for the purpose of
this Article. If a grievance is not timely filed under Section 14.1, it shall be
considered to be waived. If the Union fails to timely move the grievance to the
next procedural step, it shall be deemed to be settled with the disposition at
the previous step. If the Employer fails to respond within the time limits
provided, the grievance shall automatically move to the next step. The time
limits set out in this Agreement may be extended by mutual agreement of the
15.1 The parties agree that the Company retains the exclusive right to
manage its operations and work force, except to the extent that such right is
explicitly limited by the provisions of this Agreement. The Union recognizes
that the Company's rights include, but are not limited to, the right to manage
its business; direct, select, decrease and increase the workforce, including
hiring, promotion, demotion, transfer within and between classifications,
suspensions, discharge or layoff; the right to make all plans and decisions on
all matters involving the products to be manufactured and shipped; where such
products are to be manufactured, the location of operations, the extent to which
the facilities of any department thereof shall be operated; additions thereto,
removal of equipment, outside purchases of products or services, the scheduling
of operations, means and processes of manufacturing; the materials to be used;
the right to introduce new and improved methods and facilities and to change
existing methods and facilities; to maintain discipline and efficiency of
employees; to institute continue, audit, modify or discontinue incentive wage
systems; to prescribe plant rules and regulations; to establish and change
production and quality standards; to determine the qualifications of employees;
to regulate quality; to schedule overtime, and to run the plant efficiently. The
Company agrees that in the exercise of these rights it shall observe in
provisions of this Agreement that such rights shall not be used for the purpose
of discriminating against any employees.
15.2 The Employer has the right to create and staff alternate work
shifts and to discontinue such alternate work shifts at its discretion including
the right to limit the number of employees who can transfer from the first shift
to avoid interference with the smooth operation of the Company. Employer-
initiated second shift changes will require a ten percent (10%) pay
differential. Employee-initiated shift changes require no pay differential.
REST PERIODS AND WASHUP PERIODS
16.1 Each employee shall be allowed at least twenty (20) minutes rest
period per working day divided as follows: ten (10) minutes during the first
four (4) hours of working time and ten (10) minutes during the next four (4)
hours of working time.
BULLETIN BOARDS AND VISITATION
17.1 The Company agrees to allow the Union the use of a sufficient
number of bulletin boards in the shop to be used exclusively for Union notices;
and to grant admission to the employment site by representatives of the Union to
discharge their duties as such.
SAFETY PROVISIONS AND PAY FOR TIME LOST
18.1 The Company will make reasonable provision for the safety and
health of its employees, and shall comply with all Federal, State and Municipal
requirements for safeguards and cleanliness.
19.1 Paid sick days shall be earned at a rate of one (1) day every two
(2) months worked to a maximum of six (6) sick days per anniversary year. An
employee begins to accrue sick days in his first year of employment upon
completion of his/her probationary period; however, the employee will earn one
day in the first month worked following completion of his /her probationary
period [thereafter the employee earns one (1) day for each two (2) months worked
as set out above].
19.2 Sick days may be used as earned and will be paid to employees at
the wage rate being paid to employees at the time of use. All earned but unused
sick leave will be paid to the employee two weeks prior to the employee's
anniversary date. Employees who leave the employ of the Company for any reason
other than discharge for cause will be paid their earned sick leave as of the
date of separation. Actual payment will be made in the next paycheck.
CONTINUITY FOR OPERATIONS
20.1 The Union agrees that neither it nor any of the employees in the
bargaining unit covered by this agreement will collectively, concertedly or
individually participate or assist in any slowdown, strike or any other form of
work interruption during the term of this Agreement. If any slowdown, strike, or
any other form of work interruption should occur, The Union agrees that it will
take immediate and affirmative action to effect termination of all activities
which constitute a violation of this Article.
20.2 The Company agrees that there will be no lockout during the term
of this Agreement.
CALL IN PAY
21.1 When there is no work on the next regular work day for regular
employees, they must be notified not later than their completion of their shift
on the previous work day. All regular employees not so notified shall be
provided with at least four (4) hours work or receive the pay equivalent thereof
at their regular rate of pay, if they report for work an usual. However, nothing
herein shall be construed to guarantee a minimum number of hours of work.
22.1 Employees serving on jury duty, who provide proof thereof, shall
be paid the difference between their regular pay for a period not to exceed two
23.1 In case of a death in the immediate family (defined as spouse,
child, parent, brother, sister, grandparent, father-in-law or mother-in-law),
the Employee shall be entitled to up to three (3) consecutive days of paid leave
of absence, the last day of which shall be for attending the funeral and will be
paid for those work days falling within such leave. The Company may require
proof of death and/or the relationship to the deceased at its discretion.
24.1 The Company will continue making monthly premium payments to the
Union Welfare Fund for group insurance coverage for current union members and
their dependents. Increases shall be capped as follows:
Year 1 5%
Year 2 7%
Year 3 7%
Year 4 7%
24.2 New employees will be eligible for coverage on the first day of
the month after completion of ninety (90) days of service as a Union member.
24.3 Employees will contribute fifteen dollars ($15.00) per month for
single coverage and twenty dollars ($20.00) per month for family coverage.
24.4 The Company shall have the right to substitute other coverage in
place of the Union Welfare plan, provided such insurance is comparable to the
coverage provided under the current Union Welfare Plan. In such case the Company
shall have no further liability to the Union Welfare Fund other than unpaid
monthly premiums due to the Union Welfare Plan when it was in place prior to the
Company's substitution of other insurance coverage.
24.5 The Company and Union agree that the sole responsibility of the
Company with regard to the benefits to be provided by the Union Welfare Fund is
to make the contributions required this article. and the Union holds and saves
the Employer harmless against any and all claims made against it under this
25.1 The Company shall continue the Pension plan instituted on January
1, 1985 for the benefit of all bargaining unit employees and continue such plan
through the term of this Agreement. The Plan shall provide a benefit at age
sixty-five (65) vesting upon completion of five years of service. The benefit
monthly factor shall have the following schedule: Eight dollars ($8.00) per year
of credited service subsequent to January 1, 1985.
Nine ($9.00) dollars per year of credited service provided on or after January
Thirteen dollars and fifty cents ($13.50) per year of credited service provided
on or after September 1, 1998.
Fifteen dollars ($15.00) per year of credited service provided on or after
September 1, 1999.
Sixteen dollars ($16.00) per year of credited service provided on or after
September 1, 2000.
Seventeen dollars ($17.00) per year of credited service provided on or after
September 1, 2001
Eighteen dollars ($18.00) per year of credited service provided on or after
September 1, 2002
All employees hired on or after January 1, 1991 will be subject to a one year
eligibility service requirement with retroactive service accrual to date of hire
following entry into the plan.
26.1 Should any part of this Agreement or any portion therein
contained be rendered or declared illegal or unenforceable by a Court of
competent jurisdiction, or by the decision of any authorized governmental
agency, such validation of such portions thereof, in the event of such
occurrence, the parties agree to meet immediately, and, if possible, to
negotiate substitute provisions for such parts or portions rendered or declared
or illegal or invalid.
27.1 This Agreement constitutes the entire contract between the
Company and the Union and settles all demands and issues with respect to all
matters subject to collective bargaining. Therefore, both the Company and the
Union, for the duration of this Agreement, waive the right, and each agrees that
the other shall not be obligated to bargain collectively with respect to any
subject or matter which is subject to collective bargaining, whether or not such
subject or matter is specifically referred to herein. Changes or amendments to
the terms of this Agreement may be made if mutually agreed to by the Company and
the Union, reduced to writing, and executed in the same manner as this
28.1 Employees may take one non-paid personal day during each
anniversary year. A two (2) week notice will be required before permission may
be granted by the Company.
29.1 The Company will make best effort to maintain a credit union for
the bargaining unit employees.
This Agreement shall expire on the 31st of August, 2003. It shall be
automatically renewed from year to year thereafter, unless modified or
terminated by either party giving to the other party not less than sixty (60)
days written notice, by registered or certified mail, prior to the next
termination date, of its desire to modify or terminate this Agreement. Should
said sixty (60) days notice be given, joint conference between the parties shall
commence at least thirty (30) days before the termination date for negotiation
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the of September 1999
XXXXXXX CHAUS. INC. AMALGAMATED WORKER UNION
LOCAL 88 RWDSU AFL-CLO