ARTICLE 1
AGREEMENT
Section 1. This Agreement made and entered into this 15th day of July,
1995, by and between Xxxxxxxxx Farms, Inc. (Hazlehurst Processing Division)
at its Hazlehurst, Mississippi, location (hereinafter referred to as the
"Company"), and Laborers' International Union of North America, Professional
Employees Local Union #693, AFL-CIO (hereinafter referred to as the "Union".
WITNESSETH
Section 1.2. WHEREAS, the Company and the Union are desirous of entering
into a contractual relationship covering rates of pay, hours of work and other
terms and conditions of employment of employees employed within the unit of
representation as hereinafter described; and
Section 1.3. WHEREAS, the parties have conferred, negotiated and agreed
upon the terms and conditions of employment to be applicable to the employees
covered by this Agreement for the contract period as herein specified.
Section 1.4. NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties do hereby agree as follows:
ARTICLE 2
RECOGNITION
Section 2.1. The Employer recognizes the Union as the sole exclusive
bargaining agency for all production and maintenance employees employed by its
Hazlehurst, Mississippi Poultry Processing Plan, excluding office clerical
employees, guards, professional employees, and supervisors, as defined in the
Act, certified on March 15, 1995, by the National Labor Relations Board
through an NLRB election, Case No. 15-RC-7876.
The following jobs are excluded from coverage:
(1) Office Clerical Employees (2) Cost Counting Records Clerks
(3) Processing Accounting Clerks (4) Sales Clerks
(5) Live Haul Drivers (6) Cage Repair Employees
(7) Professional Employees (8) Guards and Supervisors
(9) Quality Control Technicians (10) Maintenance Parts Buyers
Section 2.2. No employee shall be required to make any written or verbal
agreement that will conflict with this Agreement. No employee shall be
reclassified so as to defeat the purpose of this Agreement.
ARTICLE 3
MANAGEMENT PREROGATIVES
Section 3.1. Nothing in this Agreement shall be deemed to limit the
Employer in any way in the exercise of the customary functions of management
which are recognized as the Employer's exclusive responsibility, including,
but not limited to, the right to plan, direct, and control operations, to
utilize the services of contractors, to determine the number, size and
location of its establishments, to close an establishment or departments
thereof, to hire, to promote, to demote, and for proper cause to discipline,
suspend or discharge, to assign and schedule work and transfer employees from
one job or department to another, and to make and enforce reasonable rules and
regulations relative to any and all of these matters or to the management of
its operation, provided that the reasonableness of rules may be tested in the
grievance procedure. The Employer shall be the exclusive judge of all matters
pertaining to its operations and their scheduling and the methods, processes,
equipment, means of operation and size of workforce.
Section 3.2. The Employer retains all prerogatives and rights of
management and all privileges and responsibilities not specifically limited by
this Agreement.
ARTICLE 4
SHOP STEWARDS
Section 4.1. The Employer recognizes the right of the Union to designate
shop stewards, not to exceed eight (8) in number, who shall be assigned to
serve specific areas of the plant to handle such Union business as may arise.
The shop stewards shall be employees of the Company. The Union shall notify
the Company in writing as to the names of the stewards and of any changes in
designation of stewards.
Section 4.2. A representative of the Union shall be permitted to enter
the plant at reasonable times, upon Employer's premises and plant, provided
such representative shall in no way interfere with the operations of
Employer's business and shall make arrangements with the Employer's manager.
ARTICLE 5UNION BULLETIN BOARD
Section 5.1. The Employer will provide a bulletin board in the plant for
posting of Union notices. All matters to be posted shall be submitted to the
Division Manager or a designated representative for approval prior to posting,
and management's decision shall be final.
ARTICLE 6
NO STRIKE - NO LOCK OUT
Section 6.1. For the duration of this Agreement, there shall be no
strike, stoppages, slowdowns, picketing, or other interruption of or
interference with the operations of the plant.
Section 6.2. The Company shall not lock out employees for the duration of
this Agreement.
Section 6.3. Neither the violation of any provisions of the Agreement,
nor the commission of any act constituting an unfair labor practice, or
otherwise made unlawful, shall excuse the employees, the Union, or the Company
from their obligations under the provisions of this Article.
Section 6.4. An employee discharged or otherwise disciplined for
violation of this Article, may seek review of such discipline through the
grievance and arbitration procedures provided herein. In this event, the only
question to be reviewed shall be whether or not the employee participated in
the prohibited conduct.
ARTICLE 7
GRIEVANCE PROCEDURE
Section 7.1. Grievances arising under this contract are herein defined as
a claim by a party to this Agreement or an employee covered by this Agreement
that the Company or the Union has violated a provision of this Agreement.
STEP I
The employee shall discuss the grievance or complaint with the immediate
supervisor within five (5) working days after the event giving rise thereto
occurs, or within five (5) working days following the date on which the
grievant had or reasonably would have had knowledge thereof. In the event the
employee so requests, the appropriate xxxxxxx shall be present at this step.
The supervisor shall give an answer within five (5) working days after the
grievance is received.
STEP 2
If there is no settlement in Step 1, the grievance may be presented by
the employee and/or shop xxxxxxx within five (5) working days from the date on
which the supervisor's answer was given in Step 1. The grievance must be
presented in writing to the department superintendent and must state the
following information:
(a) name or names of employee or employees involved;
(b) the department or departments involved;
(c) the date and time of the occurrence or discovery of the grievance;
(d) the facts of the incident on which the claim is based;
(e) the specific provision of this Agreement alleged to have been
violated;
(f) the remedy requested.
The department superintendent shall give the Company's answer in writing
within five (5) working days after the grievance is received by the
superintendent.
STEP 3
In the event the grievance is not settled in Step 2, then the grievance
may be appealed in writing to the division manager or a designated
representative by the Union to Step 3 within five (5) working days from the
Company's answer in Step 2. The division manager or a designated
representative shall give an answer in writing within five (5) working days
from the date of the appeal. In the event the grievance is not settled then
the aggrieved party or parties shall have the right to request arbitration.
In the event a grievance arises on behalf of the Employer, the matter
shall be presented to the Union Business Agent in writing, who shall have
seven (7) days from the date of submission within which to endeavor to
reconcile the grievance presented and shall give an answer in writing within
that time. If not settled within that time, the aggrieved party or parties
shall have the right to request arbitration.
Section 7.2. Discharge grievances shall be processed initially under Step
3 of the grievance procedure. The written grievance shall be filed with the
division manager within five (5) working days following the date of discharge.
Section 7.3. A failure to observe the time limit specified herein for
original presentation of a grievance or presentation in any subsequent step of
the grievance procedure on the part of either the grievant or the Union shall
be conclusive evidence that the grievance has been settled and abandoned.
Failure on the part of the Company to comply with the time limits for
delivering its answer in any step of the grievance procedure shall
automatically advance the grievance to the next step of the grievance
procedure.
The time limits of the grievance procedure may be extended by mutual
consent of the Union and the Company.
ARTICLE 8
ARBITRATION
Section 8.1. If a party to this Agreement desires to take a grievance to
arbitration, it shall within fifteen (15) calendar days after the denial of
the grievance, give written notice of his intention to the other party,
together with a written statement of the specific provision or provisions of
this Agreement at issue.
Section 8.2. The parties shall attempt to select an impartial arbitrator.
If they are unable to agree upon a choice within seven (7) calendar days after
the receipt of Notice of Intent to Arbitrate, either party may request the
Federal Mediation and Conciliation Service to submit a list of five (5)
arbitrators, from which the arbitrator will be selected. Selection shall be
made by the parties alternately striking any name from the list (the first to
strike shall be the party requesting arbitration) until only one (1) name
remains. The final name remaining shall be the arbitrator of the grievance.
Section 8.3. The jurisdiction and the decision of the arbitrator of the
grievance shall be confined to a determination of the acts and the
interpretation or application of the specific provision or provisions of this
Agreement at issue. The Arbitrator shall be bound by terms and provisions of
this Agreement and shall have the authority to consider only grievances
representing solely an arbitration issue under this Agreement. The arbitrator
shall have no authority to add to, alter, amend, or modify any provision of
this Agreement. The decision of the arbitrator in writing on any issue
properly before the arbitrator in accordance with the provisions of this
Agreement, shall be final and binding on the aggrieved employee or employees,
the Union, and the Employer.
Section 8.4. Multiple grievances shall not be heard before one arbitrator
at the same hearing except by mutual agreement of the parties.
Section 8.5. The Union and the Employer shall each bear its own costs in
these arbitration proceedings, except that they shall share equally the fee
and other expenses of the arbitrator in connection with the grievance.
ARTICLE 9
SENIORITY
Section 9.1. Seniority is defined as the length of an employee's
continuous employment in the bargaining unit at the Company's Hazlehurst,
Mississippi, poultry processing plant since the last permanent date of
employment. For purposes of layoff, recall, promotion, and vacation only,
this shall include continuous service which began prior to the acquisition of
the plant by the Company.
Section 9.2. All newly hired or rehired employees shall be considered as
probationary employees for a period of ninety (90) days during which period
they shall not acquire seniority, and during which they may be discharged
without recourse to the grievance and arbitration procedures provided herein.
If retained as a regular employee upon satisfactory completion of the
probationary period, seniority shall be retroactive to the first day of
employment.
Section 9.3. In matters of layoff, recall, and promotion, consideration
will be given to an employee's skill, ability, attendance, versatility,
training, physical fitness, and seniority; and when, in the opinion of the
Company, the factors other than seniority are relatively equal, seniority will
be the deciding factor.
Section 9.4. An employee's seniority shall be lost and employment
considered terminated by:
(a) discharge for just cause;
(b) failure to return from layoff within five (5) working days after
written notice by certified mail is sent by the Company to the
employee's last known address on the Company's books. Actual
notice to the employee of recall by any other means shall satisfy
the terms of this provision;
(c) voluntary termination of employment;
(d) failure to report after termination of a leave of absence approved
by the Company in writing on the first scheduled day following the
expiration of such leave of absence;
(e) engaging in a gainful occupation while on leave of absence;
(f) absence from work for three (3) consecutive working days without
notice to the Company, which shall be considered as a voluntary
quit, unless notice was prevented by a cause beyond the control of
the employee;
(g) separation from the Company's active payroll for any reason,
exclusive of leaves of absence approved by the Company, for a
period exceeding an employee's length of service in the Hazlehurst
plant, or three (3) months, whichever is less.
Section 9.5. For the purposes of this Agreement, layoffs shall be
classified as (a) "short term" and (b) "long term". A short term layoff is a
layoff which will not exceed ten (10) workdays in length. Short term layoffs
may be made without regard to seniority. A long term layoff is a layoff which
will exceed ten (10) workdays in length. Long term layoffs shall be made
subject to Section 3 of this Article.
Section 9.6. All permanent job vacancies in premium rated classifications
shall be posted for two (2) consecutive working days on the plant bulletin
board. Employees in lower rated classifications desiring promotion to such
jobs shall sign a bid sheet posted on the bulletin board. An employee who
does not sign such bid sheet shall have no right to consideration for the
vacancy. However, the fact that an employee did not sign the bid sheet will
not preclude that employee's selection for the job by the Company if none of
the signers is determined to be qualified. If no qualified employee bids on
the posted position, the Company may fill the position in its discretion. If,
after a reasonable period not to exceed thirty (30) days, the employee
selected for the posted position achieves an acceptable level of performance,
the employee shall receive the rate of the new position. If the employee
fails to perform in an acceptable manner, such employee shall return to a job
in their former classification and the premium job shall be posted again. An
employee who self-disqualifies shall return to the extra board at the line
operator's rate of pay and shall not be eligible for bidding on a premium job
for a period of six (6) months.
Section 9.7. Assignments involving employees on the extra board shall be
in order of seniority. Within a department, no extra board employee shall be
retained over a permanently assigned employee.
ARTICLE 10
SENIORITY LIST
Section 10.1. Upon request at any reasonable time, the Company shall
furnish to the Union a current seniority list.
ARTICLE 11
HOURS OF WORK
Section 11.1. The regular work week shall consist of five (5) days
or forty (40) hours. This shall not be construed as a guarantee of any amount
of hours or work. The basic work week shall be the seven (7) day period from
12:01 a.m. Sunday until midnight the following Saturday. Employees will be
given at least one (1) calendar week's notice of any change by the Company of
the payroll week.
Section 11.2. An employee who works more than forty (40) hours in
any one week shall be paid at time and one-half the regular rate of pay for
all hours in excess of forty (40).
Section 11.3. When employees are called to work a shift outside
their regularly scheduled shift and report for work, or when they report to
work at their regularly scheduled time, they shall be given the opportunity to
work a minimum of three (3) hours or receive pay for same at the applicable
hourly rate, except that no such pay shall be made when the plant cannot
operate for reasons beyond the control of the Employer, such as, but not
limited to, strikes, utility failure, fire, flood, storms or other acts of God
interfering with work, or a breakdown of machinery or equipment when the
Company notifies the employees not to report to work at least four (4) hours
prior to the scheduled time to work.
Section 11.4. Employees will be paid at their regular rate for all
waiting time of thirty (30) minutes or less, so long as they do any job they
are assigned. Employees will not be paid for waiting time which exceeds
thirty (30) minutes if (1) they are relieved of all duties, (2) are free to
leave the plant, and (3) are told the time they must return to work.
Employees will not be relieved without pay more than once in any workday
except for a lunch break of not more than one (1) hour.
Section 11.5. The Company will provide one (1) unpaid break of not
less than thirty (30) minutes for lunch during each shift, and shall provide
one (1) twelve (12) minute paid rest period prior to lunch each day. In
addition, all employees will be allowed one (1) twelve (12) minute paid rest
period after the lunch break provided the work time is expected to be not less
than two and one-half (2 1/2) hours. No unpaid break shall be provided for
maintenance employees and truck drivers.
The Company shall have the right to provide a twenty-four (24) minute
paid lunch break to Clean-Up Line Operators on restricted hours in lieu of all
breaks provided in this Section.
Section 11.6. A Clean-Up Line Operator who has completed the
probationary period and is permanently assigned to restricted hours in the
clean up department shall receive an hourly adjustment of ninety (90) cents
for each hour worked in that assignment.
Section 11.7. Employees who have completed the probationary period
and are temporarily assigned for one or more consecutive hours to perform the
duties of an absent employee in a higher paid classification shall receive the
rate of that classification while performing the duties of the classification.
Employees who work at more than one pay rate during a week in which they earn
overtime shall receive overtime pay based upon an average of the rates earned
during that week.
ARTICLE 12
LEAVES OF ABSENCE
Section 12.1. An employee who has completed the probationary period
may be granted, at the Company's discretion, a leave of absence without pay
for a reasonable period of time, not to exceed one (1) month, for the
following reasons:
(a) emergency personal business;
(b) serious illness in the immediate family (spouse,
children or parents), supported by a doctor's certificate; and
(c) Union business, upon written request by the Union's
Business Manager, provided that no more than three (3)
employees shall be on such leave simultaneously.
Section 12.2. Employees who have completed their probationary period
are eligible for up to thirteen (13) weeks per year of unpaid family and
medical treatment leave for the following reasons:
(a) Employee's serious health condition -- a medical certification
will be required which states that the employee is unable to perform the
functions of the employee's position.
(b) Family serious health condition -- spouse, parent, or child. A
medical certification will be required stating the employee is "needed to care
for the individual."
(c) New child leave -- the birth, adoption or xxxxxx care placement by
a state agency of a child, and, the need to care for the child; such leave may
be prior to the actual birth or placement.
The provisions of this Section shall be administered in accordance with
the Family and Medical Leave Act of 1993 (FMLA).
Section 12.3. Employees who have completed their probationary period
who lose actual work time in order to attend the funeral of a family member
shall receive a paid funeral leave for time necessarily lost during the
employee's regularly scheduled shift, provided the employee would have been
scheduled and at work during that day. Said leave shall be up to three (3)
days with pay for a deceased parent, spouse, child, brother, or sister and one
(1) day for a deceased father-in-law, mother-in-law, grandparent, brother-in-
law, or sister-in-law. In order to receive pay under this Section, an
employee must be actively working, must make application for such paid leave,
and must attend the funeral. The Company may require satisfactory evidence of
attendance at the funeral and the relationship of the deceased.
Section 12.4. If the Company has knowledge that an employee, in a
premium-rated classification, will be on family and medical leave, military
leave, or an industrial injury leave for more than thirty (30) calendar days,
the job will be posted and filled on a temporary basis. The successful bidder
will receive the rate of the premium classification for the period its duties
are performed. When employees on leave under this Section return, they shall
be immediately assigned to their old job; employees temporarily filling the
job shall return to their regular classification and pay rate.
Section 12.5. The Company shall pay each active employee who reports
for jury duty the difference between pay up to eight times the hourly rate for
time actually lost and the juror's daily fee for each day the employee is
required to serve on a jury. The employee must report to work during those
days of his regularly scheduled shift during which the employee is not
required to report for jury duty or be available at court for jury service.
The employee must present proof of jury service and the amount of compensation
received from the court.
ARTICLE 13
VACATIONS
Section 13.1. Regular full-time employees shall be eligible for one
(1) week's vacation after the first anniversary date of continuous employment,
and after the anniversary date of each succeeding year.
Employees shall be eligible for a second week of vacation after the
second anniversary date of continuous employment, and after the anniversary
date of each succeeding year of continuous employment.
Employees shall be eligible for a third week of vacation after the tenth
anniversary date of continuous employment, and after the anniversary date of
each succeeding year of continuous employment.
Section 13.2. To be eligible for a vacation, an employee must have
worked sixteen hundred (1,600) hours during the preceding twelve (12) months
or eighty (80) percent of available hours for that period, whichever is less.
Vacations and holidays not worked shall be considered time worked for purposes
of this Section.
Section 13.3. Vacation pay shall be computed at forty (40) times the
Employee's regular straight time hourly rate.
Section 13.4. Due consideration will be given employees' choice of
vacation time, but all vacations scheduled are subject to the final approval
of the Company in keeping with the Company's scheduling needs. In the event
that two or more employees cannot be released at the same time, the employee
with the longest service with the Company will be given preference. An
employee who notifies the Company of a vacation choice thirty (30) days in
advance shall not lose that vacation choice to another employee. Vacations
may not be scheduled for periods of less than a week, and all vacations must
be taken within an anniversary year.
Section 13.5. The Company reserves the right to schedule a plant
shutdown for one .(l) week in any year, which shall be treated as a vacation
week for those employees entitled to vacation.
ARTICLE 14
HOLIDAYS
Section 14.1. The following shall be considered holidays:
New Year's Day Labor Day
Xxxxxx Xxxxxx Xxxx'x Birthday Thanksgiving Day
July Fourth Christmas Day
In addition to the above holidays, there shall be one (1) additional holiday
which shall be announced each year by the Company one week prior to the day
when it will be observed. In the event any holiday falls on a Saturday or
Sunday, the Company will announce whether it will be observed on the Friday
preceding or the Monday following the holiday. Such notice shall be given at
least four (4) days in advance.
Section 14.2. All regular full-time employees who have completed
their probationary period shall be paid for eight (8) hours at their regular
straight time rate for each holiday enumerated above, provided they report for
work and work all scheduled hours on the workday preceding and the workday
next following the holiday, unless the employee was necessarily absent due to
personal illness, supported by a doctor's certificate, or because of an
emergency occurring to the employee or the employee's immediate family
(meaning only spouse, children, or parents). No employee shall lose holiday
pay because of missing no more than thirty (30) minutes on the workday before
or the workday following the holiday.
In any event, an employee must work at least one (1) day during the
calendar week in which a holiday falls in order to be eligible for holiday
pay, except the employee who is on vacation.
Section 14.3. Employees required to work on a holiday shall be paid
the amount provided above, in addition to their regular earnings for that day.
Hours not worked on a holiday shall not be considered as work time in
computing any additional compensation due under the overtime provisions of
this contract.
Section 14.4. If an employee is required to work and fails to report
or fails to work scheduled hours on a holiday, the employee shall forfeit
holiday pay for that day.
Section 14.5. Employees on vacation during the week in which a
holiday falls shall receive holiday pay.
ARTICLE 15
INSURANCE
Section 15.1. The Company will provide a group insurance program for
employees covered by this Agreement. The Company will continue to make
monthly contributions toward group insurance premiums in the same proportion
as is currently in effect. Employees will bear the remaining costs of the
insurance.
ARTICLE 16
WAGES
Section 16.1. Wages shall be paid as provided in Appendix A attached
hereto and made a part of this Agreement.
Section 16.2. Whenever a new job classification is created by the
Company, or there is a change or merger of job classifications or the job
content of job classifications, the Company will discuss the appropriate wage
rate with the Union. If a mutually satisfactory rate cannot be agreed upon,
the Company will set the rate. The Union may file a grievance on the rate,
and the dispute shall be settled in accordance with the grievance and
arbitration procedures of this contract.
Section 16.3. Any employees who, upon the effective date of the wage
rate set forth in Appendix A, are earning in excess of the applicable rate,
shall, during the term of this Agreement, continue to receive their current
rate until the contract rate equals or exceeds that rate. This section shall
not apply to any employee in a classification which has been paid on a salary
basis under any past contract.
Section 16.4. If, during the term of this Agreement, Congress enacts
new minimum wage legislation which requires the payment of a minimum wage
greater than the rate provided in Appendix A for newly-hired employees, the
rate for newly-hired employees shall be raised to the federal minimum rate,
and the spread between the rates provided in this Agreement shall be
maintained. Any such change shall be effective upon the effective date of the
new federal minimum rate.
Section 16.5. In addition to the wage rates as provided in Appendix
A, production employees who have been continuously employed for five (5) or
more years shall receive seniority pay of twenty (20) cents per hour.
Maintenance employees and distribution drivers who have been continuously
employed for five (5) or more years will receive seniority pay of fifty (50)
cents per hour.
Section 16.6. Employees who have been continuously employed for one
(1) or more years shall receive a night shift differential of twenty-five (25)
cents per hour for work performed on a shift starting during the hours
beginning 12:00 noon through 1:00 a.m. The starting time of a shift
determines if it is subject to the shift differential. Employees performing
work on a night shift which is not their regular shift will receive shift
differential for such work if it lasts three (3) or more hours. Distribution
drivers shall not receive shift differential regardless of the time they begin
work.
ARTICLE 17
MISCELLANEOUS
Section 17.1. The Company shall maintain safe, sanitary, and healthy
working conditions at all times, and employees will be required to cooperate
in maintaining such conditions. Any complaints regarding safety or health
shall be processed through the grievance and arbitration provisions of this
Agreement.
Section 17.2. The Company will provide any uniforms required of
employees who have completed their probationary period.
The Company will furnish required safety equipment, gloves, aprons, hair
nets, freezer gloves, cotton gloves, and smocks at no cost to the employee.
Needed replacements, through normal use, will be made at no cost provided the
worn out article is returned to the Company. If an item is lost or destroyed
through employee negligence, the employee will be charged for its replacement.
Section 17.3. The Employer may require any employee to take a
physical examination at any time at the Employer's expense.
Section 17.4. It shall be the responsibility of all employees to
keep the Employer apprised of their current address, telephone number, marital
status and number of dependents.
Section 17.5. It is the intent of the parties hereto that no
provisions of this Agreement shall require either party to perform any act
which shall be unlawful under any Mississippi or Federal statute.
ARTICLE 18
EMPLOYEE STOCK OWNERSHIP PLAN - RETIREMENT
Section 18.1. Employees covered by this Agreement will continue to
be covered by the Employee Stock Ownership Plan of Xxxxxxxxx Farms, Inc. and
Affiliates. Participation and benefits in the plan shall be in accordance
with the provisions of that plan.
ARTICLE 19
NO DISCRIMINATION
Section 19.1. The Company and the Union agree that they will not
discriminate against any person with regard to employment or Union membership
because of race, creed, color, sex, religion, age, national origin, or
disability (as defined in the Americans With Disabilities Act).
Section 19.2. Whenever masculine gender is used in this Agreement,
it shall apply to the feminine gender.
ARTICLE 20
AUTHORIZATION FOR REPRESENTATION AND CHECK-OFF
Section 20.1. During the term of this Agreement, the Company will
deduct initiation fees, assessments, and Union dues from the wages of
employees who individually authorize the Company on a form in compliance with
Appendix B to this Agreement.
Section 20.2. The Union shall save the Company harmless against and
from all claims, demands, suits or other forms of liability that arise out of
or by reason of action taken or not taken by the Company in reliance upon or
compliance with any provisions of this Article.
Section 20.3. It is agreed that by reason of institution of the
above check-off system, collections by any other method on the Company's
premises are prohibited, except with the permission of the Company.
ARTICLE 21
UNION SECURITY
Section 21.1. It shall be a condition of employment that all
employees of the Employer covered by this Agreement become members of the
Union in good standing not later than thirty-one (31) days after the effective
date of this Agreement, and remain members in good standing of the Union. It
shall also be a condition of employment that all employees covered by this
Agreement and hired on or after its effective date shall on the thirty-first
(31st) day following the beginning of such employment become and remain
members in good standing in the Union.
The Union shall save the Company harmless against and from all claims,
demands, suits, or other forms of liability that arise out of or by reason of
action taken or not taken by the Company in reliance upon or compliance with
any provisions of this Article.
It is understood and agreed that the provisions of this Article shall be
effective only to the extent permitted by applicable law.
ARTICLE 22
DURATION OF AGREEMENT
Section 22.1. This Agreement shall remain in full force and effect
from the 15th day of July, 1995 until the 30th day of June, 1999, and shall
continue thereafter from year to year until either party to this Agreement
desires to terminate this Agreement by giving written notice at least sixty
(60) days prior to June 30, 1999, or at least sixty (60) days' written notice
prior to any anniversary date thereafter. The parties to this Agreement shall
endeavor to satisfactorily negotiate any contemplated change or execute a new
Agreement during the sixty (60) day period, after proper notice in writing has
been given as provided herein and above. Notice, as specified in this
Article, shall be mailed via United States Certified Mail.
IN WITNESS WHEREOF, the parties have hereunto signed their names this
______ day of July, 1995.
XXXXXXXXX FARMS, INC. LABORERS' INTERNATIONAL UNION
(Hazlehurst Processing Division) OF NORTH AMERICA, PROFESSIONAL
EMPLOYEES LOCAL UNION #693
AFL-CIO
/s/Xxxxxx X. Xxxxxx ___________________________________
/s/Xxxx X. Xxxxxxx
________________________________ /s/Evorice Xxxxxx
/s/Xxxxx Xxxxxx
/s/Aujounette Xxxxx
/s/Xxxxxxx X. Xxxxxx
/s/Xxxxx Xxxxxxxx
/s/Xxxxxxx Xxxxxxx
/s/Xxxxxx Xxxxxxx
/s/Rossco Xxxxxxx
APPENDIX "A"
WAGE SCHEDULE
CURRENT: EFFECTIVE:
1/7/96 1/5/97 1/4/98 1/3/99
PROCESSING
Receiving
Forklift Operator 7.10 7.30 7.50 7.70 7.90
Hanging Dock 6.95 7.15 7.35 7.55 7.75
Picking
Killer 7.20 7.40 7.60 7.80 8.00
Floorworker 6.85 7.05 7.25 7.45 7.65
Line Operator 6.70 6.90 7.10 7.30 7.50
Eviscerating
Floorworker 6.85 7.05 7.25 7.45 7.65
Bird Chiller Operator 6.85 7.05 7.25 7.45 7.65
Line Operator 6.70 6.90 7.10 7.30 7.50
By-Products Department
By-Products Operator 6.95 7.15 7.35 7.55 7.75
CUSTOMER SERVICE
Saws
Floorworker 6.85 7.05 7.25 7.45 7.65
Line Operator 6.70 6.90 7.10 7.30 7.50
Packing
Scale Operator 6.95 7.15 7.35 7.55 7.75
Floorworker 6.85 7.05 7.25 7.45 7.65
Giblet Chiller
Operator 6.85 7.05 7.25 7.45 7.65
Grader 6.80 7.00 7.20 7.40 7.60
Line Operator 6.70 6.90 7.10 7.30 7.50
Specialty
Forklift Operator 7.15 7.35 7.55 7.75 7.95
Scale Operator 6.95 7.15 7.35 7.55 7.75
Floorworker 6.85 7.05 7.25 7.45 7.65
Stackoff 6.80 7.00 7.20 7.40 7.60
Line Operator 6.70 6.90 7.10 7.30 7.50
Marination Scale Operator 6.95 7.15 7.35 7.55 7.75
Formulating Mixer 6.85 7.05 7.25 7.45 7.65
Floorworker 6.85 7.05 7.25 7.45 7.65
Stack Off 6.80 7.00 7.20 7.40 7.60
Line Operator 6.70 6.90 7.10 7.30 7.50
CURRENT: EFFECTIVE:
11/6/94 1/7/96 1/5/97 1/4/98 1/3/99
SHIPPING
Forklift Operator 7.15 7.35 7.55 7.75 7.95
Cooler & Shipping Dock 6.80 7.00 7.20 7.40 7.60
Distribution Driver 8.45 9.45 9.65 9.85 10.05
DEBONE DEPARTMENT
Deboning
Forklift Operator 7.10 7.30 7.50 7.70 7.90
Scale Operator 6.95 7.15 7.35 7.55 7.75
Floorworker 6.85 7.05 7.25 7.45 7.65
Front Half Puller 6.80 7.00 7.20 7.40 7.60
Combo Packer 6.80 7.00 7.20 7.40 7.60
Stack Off 6.80 7.00 7.20 7.40 7.60
Line Operator 6.70 6.90 7.10 7.30 7.50
Quality Control Technician 6.95 7.15 7.35 7.55 7.75
MAINTENANCE DEPARTMENT
Master Skilled
Operator I 11.20 11.70 11.90 12.10 12.30
Master Skilled
Operator II 9.70 10.20 10.40 10.60 10.80
Skilled Maintenance
Men 8.80 9.30 9.50 9.70 9.90
Mechanic 8.20 8.70 8.90 9.10 9.30
Mechanic Helper 7.00 7.20 7.40 7.60 7.80
Clean-Up Line
Operators 6.70 6.90 7.10 7.30 7.50
Probationary employees shall receive a training rate of $5.40 per hour
for the first ninety (90) days of their employment, which shall be $5.50
effective January 7, 1996, $5.60 effective January 5, 1997, $5.70
effective January 4, 1998, and $5.80 effective January 3, 1999. Upon
the expiration of the ninety (90) day period, the rate shall be $6.15
per hour, which shall be $6.25 effective January 7, 1996, $6.35 effective
January 5, 1997, $6.45 effective January 4, 1998, and $6.55 effective
January 3, 1999. After one year of employment, an employee's rate
shall be as shown hereinabove. Newly hired employees in premium
classifications above shall receive the rate of that classification
upon the expiration of a forty-five (45) day period.
APPENDIX "B"
CHECK-OFF AUTHORIZATION AND ASSIGNMENT
TO: ALL EMPLOYERS BY WHOM I AM EMPLOYED
I, _________________________________________________________, do hereby
assign to Local Union No. 693, LIUNA Professional Employees, AFL-CIO, such
amounts from my wages as shall be required to pay the initiation fees,
readmission fees, membership dues and assessments of the Local Union as
may be established from time to time. My Employer is hereby authorized
to deduct amounts from my wages and pay the same to the Local Union
and/or its authorized representative, in accordance with the collective
bargaining agreement in existence between the Local Union and my
Employer.
This authorization shall become operative upon the effective date of each
collective bargaining agreement entered into between my Employer and the
Local Union.
This authorization shall be irrevocable for a period of one year, or
until the termination of the collective bargaining agreement in existence
between my Employer and the Local Union, whichever occurs sooner; and I
agree and direct that this authorization shall be automatically renewed
and shall be irrevocable for successive periods of one year each, or for
the period of such succeeding applicable collective bargaining agreement
between my Employer and the Local Union, whichever be shorter, unless
I give written notice to my Employer and the Local Union not more than
twenty days and not less than ten days prior to the expiration
of each period of one year, or of each applicable collective bargaining
agreement between my Employer and the Local Union, whichever occurs sooner.
Dues and fees paid to Local Union No. 693 are not deductible as charitable
contributions for federal income tax purposes. Dues and fees paid to
Local Union 693, however, may qualify as business expenses, and may be
deductible in limited circumstances subject to various restrictions
imposed by the Internal Revenue Service.
This assignment has been executed this _____ day of _____________,
19_______
