EXHIBIT (a)(1)
AGREEMENT
THIS AGREEMENT is made this ____ day of _________________, 1996, by and between
XXXXXXXX'X FOODS, INC., hereinafter referred to as "COMPANY" and the BAKERY,
CONFECTIONERY, AND TOBACCO WORKER'S INTERNATIONAL UNION, Local No. 66,
affiliated with the BAKERY, CONFECTIONERY AND TOBACCO WORKER'S INTERNATIONAL
UNION, AFL-CIO hereinafter referred to as "UNION".
WITNESSETH
That for the purpose of mutual understanding and in order that a harmonious
relationship may exist between the Company and the Union to the end that
continuous and efficient service will be rendered to and by both parties for the
benefit of both, it is hereby agreed that:
Article I. RECOGNITIONS & UNION SECURITY
Section 1. - Recognition
The Company recognizes the Union as the exclusive representative for the
purpose of collective bargaining with respect to rates of pay, hours of
employment of the employees and other conditions of employment in the
classifications listed in Appendix A, attached hereto, located in its
Portsmouth, Virginia plant.
Section 2. - Discrimination
Both of the parties to this Agreement agree that they will not discriminate
against any employee or prospective employee because of his/her age, sex,
religion, national origin or Union affiliation.
Section 3. - Plant Visitations
The business representative of the Union, bearing credentials from the
Union, shall be allowed in the plant for the purpose of conducting Union
business during working hours at such reasonable times as are determined by the
plant superintendent provided that there shall be no interference with work.
Section 4. - Union Initiation Fees and Dues
The Company will deduct from the pay of the employees covered by this
agreement, who authorize it to do so, Union initiation fees and monthly dues
during the time of this agreement, and any extension thereof, unless and until
any such authority is revoked, in writing, by the employee who has authorized
such deduction. It is further agreed that, in the event Union ceases to be the
representative of the employees, all authorization for the said deductions shall
be considered revoked, canceled and ineffective for any and all purposes. The
Company shall be required to deduct Union fees and dues which it is authorized
to deduct, as hereinabove
provided, only on the first pay day of each month and the company shall not be
required to deduct dues in excess of the current monthly dues and delinquent
dues for two months. The Company agrees to remit once each month the total
amount of fees and dues collected as hereinabove provided to such official as
Union may designate. The Company shall not be required to accept any
authorization for such deductions unless such authorization is in the following
form:
"ASSIGNMENT OF UNION DUES"
Date
I, _________________________, an employee of __________________________
hereby authorize said Company to deduct from my wages the sum of $____________
for initiation fee and each month thereafter my Union membership dues in
accordance with the by-laws of the Bakery, Confectionery, and Tobacco Worker's
International Union, Local No. 66, AFL-CIO, of which I am a member. I further
authorize the amount so deducted to be turned over each month to the Financial
Secretary of said Union.
This authorization and assignment shall be effective until the anniversary
date of the current Labor Agreement between the Company and the Union, or for
one year from the date hereof, whichever period shall be shorter. Upon failure
to give the Bakery, Confectionery and Tobacco Worker's International Union,
Local No. 66, and my employer written notice within ten (10) days before the
anniversary date, that I do not want to renew this assignment, then this
agreement shall continue in force and effect and automatically renew itself for
a period of one year and from year to year thereafter, until such notice is
given.
Given under my hand and seal this ____ day of _______________, ________.
(SEAL)
Section 5. - Shop Xxxxxxx
The union may appoint or elect members of this local to act as shop
stewards, whose duty it shall be to see that this agreement is not broken by
either the Company or the Union.
The shop xxxxxxx or business representative of the Union will at all times,
upon request, have the right to take up any questions with management, with or
without the employee involved. This will be done at a time mutually agreed by
both parties.
Section 6. - Joint Literacy Clause
The Company and the Union shall appoint a joint committee, which shall meet
over the life of the agreement to develop joint approaches to promoting "work
place literacy." The committee shall attempt to determine the extent to which
the employees need to improve their reading and written communication skills and
the extent to which instruction in the English language is needed. The committee
shall also compile an estimate of what resources are needed to establish this
program which will meet the needs of the employees and the company.
If the parties agree to establish such programs it is understood that the
program will be funded by the company, and will include union participation in
course design and content.
If an employee is taken off the job to participate in planning meetings, it
is further agreed that the Company will pay the union members of the joint
committee at their regular straight time spent at the meeting.
Section 7. - Technology Clause
The Company agrees to provide the training and retraining necessary for
present employees to acquire the necessary skills to perform work on new
equipment, including any newly created jobs, or to perform other work to which
they might be reassigned or transferred. The Company will notify the department
shop xxxxxxx of these changes or job openings as they occur.
Section 8. - Orientation Clause
Upon hiring new employees, the Company agrees to introduce new employee to
department union xxxxxxx.
Article II. MANAGEMENT RIGHTS
Union recognizes that, subject to the express provisions of this agreement,
the supervision, management and control of the Company's business operations,
working forces and premises are exclusively vested in the Company. Without
limiting the generality of the foregoing, Union recognizes that, subject to the
express provisions of this Agreement, the following rights are vested
exclusively in management: to plan, direct and control the Company's business,
operation location, methods and working force; to hire, suspend, assign,
promote, demote, transfer or lay-off employees and to discipline or discharge
employees for just cause; to determine reasonable standards of performance; to
introduce or discontinue any operation; and to require employees to observe the
Company's rules and regulations not inconsistent with this Agreement.
Article III. SENIORITY
Section 1. - Probationary Period
During the first forty-five (45) days of employment, a new employee shall
be on a trial basis, shall not acquire seniority rights, and may be discharged
at the discretion of the Company. Probationary employees will be supplied with
temporary foot covering during this period in processing areas only.
Section 2. - Application of Seniority
In the matter of filling a job vacancy or in making lay-offs, and recalls,
the ordinary rules of seniority and fitness for the work shall apply.
All employees have seniority rights in all departments.
Any employee's seniority shall be broken if he:
1. Quits.
2. Is discharged.
3. Is absent on any three (3) days without notice or excuse mutually
agreeable to employer and employee.
4. Fails to report after a lay-off within seven (7) calendar days after
the Company sends to the last address known to the Company a written
notification to return to work.
5. Has been out of employment by the Company for a period of six (6)
months.
6. Has been out of bargaining unit for 91 days.
7. When two (2) or more employees are hired on the same day, the Company
shall determine their relative seniority.
Section 3. - Job Vacancies
When new jobs are created or vacancies occur, notice of the availability of
such job shall be posted for a period of seventy-two (72) hours (excluding
Saturday and Sunday hours) for bids. In the event that an eligible bidder is on
vacation during such seventy-two (72) hour period and the job is awarded to
another employee, the vacationing employee shall have the right to bid on such
jobs within forty-eight (48) hours of his/her returning from vacation. If the
employee returning from vacation is the ultimately successful candidate, the
previously selected employee shall be returned to his/her previous position at
his/her prior rate of pay for such previous position.
The Company will move the transferred employee to the new position within
30 calendar days with the exception of special circumstances. Under no
circumstances will the move not be made within 90 days without mutual agreement
between the Company and the employee. The employee chosen for the job shall be
given a fifteen (15) working day training period at the end of which if he/she
has not done the work satisfactorily, which determination shall be made solely
by the Company, he shall be returned to his/her old job at his/her former rate
of pay. If the training employee's job performance jeopardizes safety,
equipment, or business the employee shall be immediately removed from the new
position and returned to their old job.
In the event of a vacancy occurring for a truck driver job, the successful
bidder must have a Department of Motor Vehicle driving record acceptable by the
Company, must pass a written examination for drivers, and also successfully be
certified in a road test as possessing sufficient driving skill to operate
safely the type of commercial motor vehicle used by the Company. (No unqualified
employees will be required to operate a motor vehicle.). All other provisions
set forth in the previous paragraph shall be applicable. Truck drivers must have
a Department of Motor Vehicles driving record acceptable by the Company, and
have a Commercial Drivers License.
Section 4. - Job Transfers
Job transfers between any classification will be authorized. Employees may
not transfer into another department until after they have been employed one
year. Employees with a disciplinary suspension on file within the last 180 days
on the job will not be permitted to transfer. When an employee does transfer
from one department to another, they will not be permitted to transfer again for
one year unless management initiates the transfer. If the senior person that has
signed the job posting is disqualified for reasons above, the next senior person
will be selected. If none of the employees signing the job posting is qualified,
the position will be posted one additional time before the Company hires from
outside the Company.
Section 5. - Extra Work (Does not apply to the continuation of regular shift
work).
Extra work shall go to the employee with the most seniority in the
employee's respective division (manufacturing or distribution) as long as this
employee is qualified to perform the necessary job (which qualification will be
determined by management). If no senior employee desires the extra work, the
least senior employee is required to work. This does not apply to the
continuation of regular shift work.
Section 6. - Lay-off
Lay-offs; with the exception of drivers, will be accomplished by seniority.
Probationary employees shall be laid off first. If further layoffs are
necessary, the last person hired shall be the first laid off. In the event of
recall, employees shall be recalled in the reverse order of layoff subject to
the same condition.
Truck Driver lay-offs; The driver with the least seniority will be the
driver who will be laid off. If this driver has the lowest seniority in the
Division, he will be on lay-off status. If this driver is not the lowest senior
employee, this driver will be transferred to the lowest senior employee's job in
their division. At that point the lowest senior person will go on lay-off
status.
Article IV. HOURS OF WORK & OVERTIME
Section 1. - Workweek
A. The regular workweek shall begin at 12:01 a.m. on Sunday and conclude at
12:00 p.m. midnight Friday and employees must report to work at any time
requested by the Company and any employee required to work in excess of eight
(8) hours in any day or forty (40) hours in any workweek shall be paid overtime
as provided in this Agreement. All work performed on Saturday shall be paid at
the rate of time and one- half (1 1/2).
B. It is agreed that six (6) minutes per day is a reasonable time for clocking
in before and after work which is to be paid to each employee in the
manufacturing plant at their regular hourly rate and that such time is to be
considered as work time for all purposes under this agreement.
Section 2. - Posting of Work Schedule
Schedules should be posted on Wednesday of each week and in no case later
than Thursday, showing the work days and hours of each employee for the workweek
Sunday through Saturday. Every effort shall be made to adhere to this schedule
as closely as possible but both parties should understand that some variable may
occur due to the nature of the business.
Section 3. - Daily Guarantee and Call In
A. Each regular employee who reports for work upon request by management, shall
be guaranteed not less than thirty-six (36) hours per week, provided they do
whatever work is assigned to him or her. When a holiday occurs in a workweek,
each employee shall be guaranteed not less than twenty-eight (28) hours work per
week.
Such guarantee is contingent upon there being no emergency condition beyond
the Company's control, which prevents or interferes with the normal operation of
the business.
B. Whenever any truck driver is scheduled to report to work and does report at
the time specified, such employee shall be guaranteed two (2) hours pay,
provided that said employee remains on the job until released by the dispatcher.
This two (2) hour pay will include the time while waiting for the dispatcher's
release.
Drivers with higher seniority who come to work and find their route has
been cut, can bump the driver with less seniority, only if the senior driver can
perform the route within 1 1/2 hours of Roadnet time.
Section 4. - Overtime
A. Rate of Pay. Each employee shall be paid for all work performed in excess of
eight (8) hours a day or forty (40) hours in a regular workweek at the rate of
one and one-half (1 1/2) times his regular straight time hourly rate, whichever
is greater but not both.
B. No Pyramiding of Overtime. Time and one-half (1 1/2) shall be paid on the
weekly or daily basis, whichever is greater, but in no case both. In other
words, any hours for which overtime is payable on a daily basis shall be set
aside or excluded in determining the amount of overtime on a weekly basis.
C. Rest Period Overtime. Each employee is entitled to an unbroken rest period of
at least twelve (12) hours between shifts, and any employee, except for truck
drivers, requested to work during his/her twelve (12) hour rest period shall be
paid for such work at the rate of one and one- half (1 1/2) times his/her
regular straight time hourly rate provided they do whatever work is assigned to
them. Truck drivers should have at least an eight (8) hour rest period between
shifts. No disciplinary action may be taken against a truck driver unless he/she
has had his or her eight (8) hours rest period.
D. Offsetting of Overtime. No employee shall be given time off for the purpose
of offsetting overtime.
Section 5. - Incentive Programs
The Union has agreed to allow the Company to initiate, install and operate
incentive programs which will allow employees to earn extra dollars over their
regular pay.
Article V. REST AND LUNCH PERIODS
Section 1. - Rest Periods
A. Each employee shall be given a fifteen (15) minute paid rest period during
the third (3rd) hour of work and a fifteen (15) minute paid rest period during
the seventh (7th) hour of work. An unpaid lunch period of thirty (30) minutes
shall be given after the fourth (4th) hour of work and be completed by the end
of five and one-half (5 1/2) hours of work. If any
employee is required to work ten (10) or more hours in one day, an additional
fifteen (15) minute period of rest shall be given such employee at the end of
the tenth (10th) hour.
B. When a driver is required to work in excess of ten (10) hours in any one day,
the Company shall provide a $3.75 supper allowance to said employee. In the
event of an emergency arising due to mechanical or tire failure beyond the
driver's control which necessitates a delay beyond twelve (12) hours, the driver
affected shall receive an additional $1.25 supper allowance.
Section 2. - Physical Relief
Necessary physical relief will be granted within reason without
discrimination of any source. Physical relief is defined as bladder, or
intestinal relief. Freezer and Seafood Department workers will be permitted to
come out of the freezer/cooler to get warm.
Section 3. - Drinking Water
Cool drinking water is to be available at all times for the employees in
their working areas.
Section 4. - Lunch Periods
A thirty (30) minute period shall be allowed for lunch each day, and such
lunch period shall be excluded from the working hours. In an emergency, which
shall be determined solely by the Company, the Company may schedule a sixty (60)
minute lunch period all of which time shall be excluded from working hours.
All employees, with the exception of drivers on the road, will be required
to punch out and in for their lunch period.
Article VI. WAGES & CLASSIFICATIONS
The classifications and rate of pay are set forth in Appendix A, which is
attached hereto and made a part hereof.
Article VII. HOLIDAY
Section 1. - Holidays
Each employee shall receive the following holidays with eight (8) hours pay:
New Years Day Thanksgiving Day
Memorial Day Christmas Eve *
July 4th Christmas Day
Labor Day Xxxxxx Xxxxxx Xxxx'x Birthday
Those employees who work on a holiday shall observe a work holiday within
ninety (90) days of such holiday. The exact day shall be mutually agreed upon by
the Company and employee. If an employee is denied the day off that is requested
to be taken as a result of having worked a holiday, they will be given an
additional 30 day period to take the day off. The employee must complete and
turn in to their supervisor a written extension request form which will be
provided by Management.
* All hours worked Christmas Eve shall be paid at the regular straight time
rates pursuant to Paragraph A, Section 4, Article IV.
In addition to the above holidays an employee shall receive one personal
holiday of his/her choosing as long as fourteen (14) days notice is given to
management. This holiday cannot conflict with another employee's personal
holiday or the three holiday weeks set aside as "no vacation weeks" by
management.
The company reserves the right to declare by department (Manufacturing
Department, or Distribution Department) a holiday and close the department to
celebrate the "personal holiday."
Section 2. - Qualifications of Holiday Pay
A. In order to receive pay for any such holiday, the employee must have been in
the employ of the Company for at least thirty (30) days and worked his/her
regular scheduled work day preceding and his her regular scheduled work day next
following such holiday. In the event that an employee is unable to complete
his/her regular scheduled work day preceding, immediately following, or the day
of the holiday, he/she shall receive a pro-rata amount of holiday pay in direct
proportion to the hours worked on either day, provided that such employee is
excused by his/her supervisor.
B. If an employee is required to work on a holiday, except Christmas Eve Day,
he/she shall receive one and one-half (1 1/2) times his/her regular straight
time hourly rate for all hours worked on such holiday in addition to his/her
holiday pay. An employee who is scheduled to work on any holiday and does not
work shall receive no pay for such holiday.
C. If an employee is absent on any such regular scheduled work day due to a
bona-fide excuse or sickness that can be legitimately documented prior to or
after a holiday, or on the actual holiday that said employee is scheduled to
work, they shall receive their holiday pay provided they have performed work
within the two (2) week period prior to the holiday week or during the holiday
work week itself. In the event that a dispute arises over the legitimacy of
documentation, the Company and the Union agree that it shall be resolved by use
of the first two (2) steps of the grievance procedures.
D. If an employee works on a holiday, the hourly rate of the holiday shall
equal the pay of the job the employee is doing on that day.
Article VIII. VACATIONS
Section 1.
Regular employees who work not less than 1600 hours in their anniversary
year shall be entitled to vacation with pay, as follows:
One week................................ after one year of employment
Two weeks............................... after three years of employment
Three weeks............................. after eight years of employment
Four weeks.............................. after twelve years of employment
Five weeks.............................. after eighteen years of employment
Regular part-time employees are employees regularly scheduled to work at
least three (3) six (6) hour work days a week. The yearly minimum work
requirement of a part-time employee for vacation shall be 750 hours and after
one (1) year of employment, part-time employees who qualify shall be given a
pro-rated vacation based on the above schedule for regular employees.
No employee, either regular or part-time, shall be entitled to a vacation
until he/she has been on the active payroll for period of one (1) year.
A regular employee or a regular part-time employee, who due to illness,
injury, or pregnancy leave, works less than the time above required for a
vacation, shall be entitled to a pro-rated vacation and pay therefore, based
upon actual number of hours worked during the above required length of service
for a vacation.
Section 2.
Vacation pay for regular employees shall be forty (40) times the employee's
regular straight time hourly rate for each week of vacation.
In order to receive such vacation pay, an employee must leave work for the
applicable vacation period.
Section 3.
If an employee has earned a two (2) or more weeks vacation, he/she may take
his/her weeks consecutively. The vacation period shall be between January 1st
and December 31st. The vacation schedule for the ensuing year shall be posted
during the entire month of January and each employee shall select his/her
vacation time therefrom for the ensuing year in accordance with their seniority.
The highest seniority employees must select during the first fifteen days so as
to allow the lesser seniority employee ample opportunity to plan their vacation
schedules. When the vacation list has been approved by the Company, no changes
will be made, except by mutual agreement and under no circumstances may a
seniority employee "bump" a lesser senior employee.
Whenever a holiday listed in Article VIII, Section 1, falls within an
employee's vacation period, the employee shall receive an extra day's pay in
addition to his/her vacation pay if its is mutually agreeable to both the
Company and the Union.
Because of peak demand in our business, the week before each of the
following holidays will not be available to employees who work in the
Distribution positions. These holiday weeks are Memorial Day, 4th of July and
Labor Day. The week that the holiday is celebrated will be availabe.
Section 4.
Each employee shall receive his/her vacation pay immediately before his/her
vacation starts.
Section 5.
Any employee whose service is terminated after his/her first service
anniversary shall, unless he/she was discharged for dishonesty, be entitled to
vacation pay in accordance with the following schedule:
Completed Months of Service
Since Last Service Anniversary Vacation Pay
Less than six (6) months.............................................None
Six (6) months...................................................... 6/12
Seven (7) months.................................................... 7/12
Eight (8) months.................................................... 8/12
Nine (9) months..................................................... 9/12
Ten (10) months.................................................... 10/12
Twelve (12)months...................................................11/12
If an employee has been granted a vacation prior to the end of the
anniversary year which entitled him to such vacation and fails to complete the
year of service required for such vacation, he/she shall refund the Company the
difference between the vacation pay he/she received and the pro-rated amount
he/she would have been paid by reason of his/her service having terminated prior
to the end of his/her anniversary year.
Article IX. LEAVES OF ABSENCE
Section 1. - Military Leaves
Company and Union agree to abide by the terms of the Selective Service and
Training Acts, as amended from time to time, or any other applicable law.
Section 2. - Family and Medical Leave
The Company agrees to comply with all federal regulations pertaining to the
1978 Amendments to the Civil Rights Act of 1964 with reference to pregnancy
discrimination and as well as the Family and Medical Leave Act.
Section 3. - Union Business Leave
The Company agrees, if reasonably possible, to give time off without pay,
to any official of the Union who may have any Union business to which he/she has
to attend at that time. Additionally, in the event that Union shall select an
employee as Business Representative, the Company agrees to let him/her leave its
employ with the understanding that he/she may return to work at any time with
standing and seniority comparable to that which he/she enjoyed at the time
he/she left.
Section 4. - Funeral Leave
It is agreed, in the event of a death in the immediate family, the employee
shall be granted three (3) days to attend the funeral. If any of these three (3)
days are working days, the employee shall suffer no loss in pay. The
requirements for the funeral leave period shall begin on the first full day of
absence following death and end on the day of the funeral. If in the opinion of
management, travel considerations in attending a funeral are involved, up to two
(2) calendar days
immediately following the funeral may be considered as part the funeral leave
period. The term "immediate family" shall mean: Father, Mother, Son, Daughter,
Brother, Sister, Husband, Wife, Father-in-law, Mother-in-law, Daughter-in-law,
Sonin-law, Grandparents, and Grandchildren. Proof of death and relationship of
deceased is necessary before funeral leave will be paid.
Section 5. - Jury Duty
Any full time employee who has been in the continuous employee of the
Company for three (3) months or more, and who is required to serve as a juror
shall be paid eight (8) hours daily at his or her regular straight time hourly
rate (excluding premiums or overtime) less such amount of compensation allowed
by the courts for his or her service, subject to the following conditions:
A. If on the day the employees serve on the jury they also work for the Company,
they shall receive no extra compensation: if they work their regular gang time.
In no event shall such difference payments exceed fifteen (15) work days in one
(1) year because of required jury duty.
B. No difference payments for jury duty shall be paid to employees who fail to
report for work and work the hours on any scheduled work day on which their
service is not required in court.
C. Employees who have received an official summons to serve as jurors shall give
notice and proof of such summons to their xxxxxxx a reasonable time in advance
of the date on which they are to serve.
D. At the end of the employee's service as juror, the employee shall obtain from
the Clerk of the Court statements showing the time served and the amount paid to
them as compensation for their services as jurors and shall promptly submit such
statements to the Time Office.
Article X. HEALTH AND WELFARE
Section 1. - General
The Company agrees to maintain the following Group Insurance Plan during
the term of this agreement. This does not cover any work related accidents that
are covered by Workers Compensation.
Schedule of Benefits:
A. Death Benefit...................................................$5,000.00
Accidental Death and Dismemberment..............................$5,000.00
Weekly Accident and Sickness Benefit........................up to $150.00
(Maximum of thirteen (13) weeks)
a. Equal to 66 2/3 percent of an employees straight time hourly wages
with maximum of $150.00 per week.
b. Benefits shall begin on the first day of an accident and the fourth
day of an illness.
B. Hospital/medical, dental and prescription drug coverage shall be available to
employees at their option as provided under the terms and conditions stated in
Trigon Group Policy Number 41436A. Premiums for employee and dependent coverage
shall be paid by employees as provided in the attached Schedule A. Premiums for
dependent and employee coverage shall be increased to cover the increased cost
over and above the present coverage.
Section 2. - Employee Compliance
Employees shall comply with all regulations of the Company insurance
carrier in regard to all benefits provided in this article.
Section 3. - Employee Qualification
The Company agrees to reopen negotiations if a new hospitalization program
is adopted by the Company.
Any new employee shall qualify for such benefits upon the completion of
ninety (90) days continuous full-time service.
Article XI. GENERAL PROVISIONS
Section 1. - Bulletin Boards
Enclosed bulletin boards shall be provided by the Company for official
business. Other bulletin boards will be available for social notices. A signed
copy of this agreement shall be posted on such.
Section 2. - Medical Examinations
The Company agrees to pay for any doctor's examination which may be
necessary obtain employment in the plant.
Section 3. - Uniforms
The Company agrees to furnish all uniforms, coats, aprons, hats and hair
nets necessary for the employee's use, without charge. It is specifically agreed
that the Company will launder all uniforms, coats, and aprons used in the
Manufacturing Plant. It is understood that the truck drivers shall contribute
$2.50 per week to the laundering fee for the uniforms provided by the Company.
The Company further agrees to furnish boots to production employees whose jobs
necessitate wearing them.
Section 4. - Back Safety Support
The union has requested that back safety belts be worn by union employees
when performing tasks that involve lifting. The company has agreed to purchase
safety belts and split cost 50% with any employee wishing to wear such belt. The
employee will initiate such request to obtain a belt with their supervisor.
The employee who receives such belt must adhere to the following procedures:
a. The belt must be brought to work daily.
b. The belt must be worn during the lifting portion of the job.
c. Employees who fail to wear the safety belt will be written a "warning
letter." On the third such "warning letter" the belt will become the sole
property of the employee and 50% of the cost of the belt will be deducted from
employee's payroll. The employee will at that time be released from the
mandatory wearing of the belt.
d. The manufacturers's warranty will determine the frequency of Company
participation.
e. Management may deny continued participation in the program if it
determines that the belts create a health or safety problem.
Section 5. - Work by Supervisory Employees
No Supervisor shall perform any of the duties of any employee coming under
the jurisdiction of this Agreement except in the case of an emergency. It is
agreed that without limitation to other emergencies that may occur the following
conditions shall be deemed to be emergencies when:
1) A scheduled employee fails to report to, or perform his/her work.
2) It is necessary for the supervisor to instruct an employee in how to
perform his/her work.
3) During his/her scheduled work hours an employee becomes unable to
perform his/her work by reason of physical disability.
Section 6. - Sickness
When an employee is sick, they must call in daily as soon as possible or at
least by 30 minutes prior to the scheduled work hour. Any employee who is out
sick for a period not exceeding two (2) days may return to work without a
doctor's permit. If such em-ployee is out sick three (3) days or more a doctor's
permit will be required before he/she can return to work.
Section 7. - Rules and Regulations
Both the Company and Union agree to the necessity of Rules and Regulation
governing the day-to-day operations of the business. Such rules and regulations
have been in effect since May 28, 1973. A Copy of these rules and regulations
are attached to this Agreement and are so noted as Exhibit A.
Article XII. NO STRIKE, NO LOCKOUT
Section 1. - General
The Company and the Union agree on the need of their service to the public
with out interruption. Both recognize the objective as necessary to the security
of the Company and its people. Both, therefore, specifically pledge themselves
to help assure that security by using the procedures agreed upon between them
for the adjustment of disputes and grievances in all cases where there is any
difference of opinion concerning the rights of either party under this contract,
or the interpretation or application of any provision of it.
Section 2. - No Strike, No Lockout
The Union agrees that there will be no strike, slow down, or other
interference with work by any or all of the employees during the life of this
Agreement. The company agrees that no lockout against any or all of the
employees shall take place during the life of this Agreement.
Section 3. - Discipline and Union Duties.
In the event of a walkout in violation of the above provision, any employee
found guilty of instigating, fomenting, actively supporting or condoning such
illegitimate strike shall be subject to discipline, including discharge. Union
agrees that all possible steps will be taken to preclude or to terminate as soon
as possible all strikes or contemplated strikes in violation of this Agreement.
Article XIII. GRIEVANCE AND ARBITRATION
Section 1.
In the event that a dispute arises at any time over wages, hours, working
conditions or any other aspect of this Agreement, such dispute shall be handled
first by the employee with the complaint and the shop xxxxxxx presenting the
grievance to the shift supervisor within five (5) working days of the occurrence
upon which the grievance is based, and they shall attempt to settle the
grievance within five (5) working days of its presentation.
Section 2.
In the event that the grievance is not settled within five (5) working days
of its presentation in Step One, within five (5) working days following such
five (5) day period of Step One, the employee and the shop xxxxxxx shall present
the grievance to the shift supervisor and a member of management and they shall
attempt to settle the grievance within five (5) working days of its
presentation.
Section 3.
If the grievance is not settled within five (5) working days of its
presentation in Step Two, within five (5) working days following such five (5)
day period in Step Two, the Union shall reduce the grievance to writing and the
local union business agent shall present the same to the plant manager who shall
meet and attempt to settle the grievance within fifteen (15) working days of its
presentation.
Section 4.
If the parties in Step Three are unable to arrive at a settlement of a
grievance within fifteen (15) working days of its presentation, either party
thereto may, as a final resort, submit the matters to an arbitrator selected
pursuant to the rules of the Federal Mediation and Conciliation Service,
provided notice of such intention is given in writing by the initiating party
within fifteen (15) working days after receiving the answer in Step Three.
Section 5.
If the parties are unable to agree upon the selection of an arbitrator
within ten (10) days of the notice required in Step Four above, then the party
shall alternately strike two (2) names from such list, with the complaining
party having the privilege to make the first strike, and the remaining name
shall be the arbitrator.
Section 6.
It is expressly agreed and understood that no employee shall have the right
to compel the arbitration of his grievance without the written consent of the
Union.
Section 7.
The decision or award for the arbitrator shall be final and binding of both
parties.
Section 8.
The Company and the Union shall each pay their own costs incurred in
connection with the arbitration. The expense of the neutral arbitration shall be
shared equally between them.
Article XIV. SCOPE & APPLICATION OF THIS AGREEMENT
Section 1. - General
This agreement incorporates the full and complete understanding of the
parties pertaining to the regulation of minimum wages and hours of employment of
all the production and maintenance employees of the Company who come within its
terms and are not excluded from its operation. This Agreement shall constitute a
complete accord and adjustment of all matters between the parties hereto and no
complaint shall be filed or considered on account of anything which has occurred
prior to the execution hereof.
Section 2. - Severability
Any provision of this Agreement which may be in violation of State or
Federal Acts, statutes, regulations or orders, or revision thereof, now
effective or which become effective during the term of this Agreement, shall be
considered void. In the event that any provision of this Agreement is thus void,
the balance of the Agreement and its provisions shall remain in effect for the
term of this Agreement.
Article XV. PENSION
It is hereby agreed to provide pension and retirement benefits as follows:
A. The Company hereby agrees to be bound as a party by all the terms and
provisions of the Agreement and Declaration of Trust dated September 11, 1955,
as amended, established the Bakery and Tobacco Workers Unions and Industry
International Pension Fund (hereby called the Fund) and said Agreement is made
part hereof by reference.
B. Commencing with the last day of June 1977, the Company agrees to make
payments to the Fund for each employee working in job classifications covered by
the said Collective Bargaining Agreements.
Effective October 24, 1997, for each hour or portion thereof, for which an
employee subject to the Collective Bargaining Agreements, receives pay, the
Company shall make a contribution of sixty (60) cents to the above named pension
fund, up to a maximum of forty (40) hours in any week.
For the purpose of this Article, it is understood that contributions shall
be payable on behalf of employees from the first day of employment, whether said
employees are permanent, temporary or seasonal, full-time or part-time
employees, and regardless of whether or not they are members of the union.
C. The payment made in accordance with "B" above shall be allocated as follows:
sixty (60) cents per hour to provide for a normal, reduced early retirement and
disability pension (Plan A).
D. It is agreed that the pension plan adopted by the Trustees of the said
pension fund shall be such as will qualify for approval by the Internal Revenue
Service of the United States Treasury Department, so as to enable the Company to
treat contributions to the pension fund as a deduction for income purposes.
E. It is hereby agreed to provide pension and retirement benefits as
follows:
1. The Company hereby agrees to be bound as a party by all the terms and
provisions of the Agreement and Declaration of Trust dated September 11, 1995,
as amended, establishing the Bakery and Confectionery Unions and Industry
International Pension Fund (herein after called the Fund) and said Agreement is
made part hereof by reference.
2. Commencing with the 1st day of ____________________ 19___, the Company
agrees to make payments to the Bakery and Confectionery Union and International
Pension Fund for each employee working in job classifications covered by the
said Collective Bargaining Agreement as follows:
a. For each day or portion thereof, for which an employee subject to the
Collective Bargaining Agreement, receives pay, the Company shall make a
contribution of $ __________ to the above named Pension Fund, up to a maximum of
forty (40) hours in any week. For the purpose of this Article, it is understood
that contributions shall be payable on behalf of employees from the first day of
employment, whether said employees are permanent, temporary, or seasonal, or
full-time or part-time employees, and regardless of whether or not they are
members of the Union. The term "Employee" does not include a self-employed
person, corporate officer, owner or partner.
3. The payment made in accordance with "2" above shall be allocated as
follows:
_______ per (day) (hour) to provide coverage for a Normal, Reduced, early
Retirement and Disability Pension (Plan A)
_______ per (day) (hour) to provide coverage for Vested Deferred Pension
(Plan B)
_______ per (day) (hour) to provide coverage for an Age and Service Pension
(Golden Ninety Plan C)
_______ per (day) (hour) to provide coverage for an Age and Service
Pension in the event of loss of covered employment due to a
permanent reduction in force (Plan CC)
_______ per (day) (hour) to provide coverage for an Age and Service Pension
(Golden Plan G)
_______ per (day) (hour) to provide coverage for Supplemental Pension
(Plan D______)
_______ per (day) (hour) to provide Health Benefits for Pensioners in
accordance with Plan W ______ of said Fund
_______ per (day) (hour) to provide Health Benefits for Pensioners in
accordance with Plan P _______ of said Fund
4. It is agreed that the Pension Plan adopted by the Trustees of said
Pension Fund shall be such as will qualify for approval by the Internal Revenue
Service of the United States Treasury Department, so as to enable the Company to
treat contributions to the Pension Fund as a deduction for income tax purposes.
5. Contributions provided for herein shall be paid monthly and shall be
accompanied by a completed remittance report. Both payment and report are due on
the tenth (10th) day of the month following the month covered by the report. In
the event the Company fails promptly to pay the amounts owed, the Company shall
pay such collection costs, including court costs, and reasonable attorneys fees,
as the Pension Fund shall incur, and shall pay interest at such a rate as the
Trustees shall fix from time to time.
6. The payments so made to the Fund shall be used by it to provide
retirement benefits for eligible employees in accordance with the Pension Plan
for said Fund, as determined by the Trustees of said Fund, to be applied to the
eligible employees based on the amount of employer contribution.
7. This clause encompasses the sole and total agreement between the Company
and the Union with respect to pensions or retirement.
8. This clause is subject in all respects to the provisions of the Labor
Management Relations Act of 1947, as amended and to any other applicable laws.
Company _______________________ Bakery, Confectionery and Tobacco
Workers International Local Union
No. _____
By_____________________________ By________________________________
Date___________________________ Date______________________________
F. Notwithstanding any provisions, if any, to the contrary contained in the
Collectible Bargaining Agreement between the Company and the Union, the Union
shall have the right to strikes by giving the Company written notice of its
intention to do so not less than forty-eight (48) hours in advance if the
Company shall fail to make payment of the contribution due to the Fund for any
month on or before the 10th day of the third calendar month following the month
for which such be taken by the Union unless and until the Administrative
Director of the Fund shall have certified in writing, to the Company and to the
Union, that the Company has so failed to pay such contribution. Any strike
pursuant to this provision shall be terminated as soon as the Company shall pay
the delinquent contribution or shall make arrangements for the payment of it
which meets with the approval of the Administrative Director of the Fund.
G. The payments so made the Fund shall be used by it to provide retirement
benefits for eligible employees in accordance with the Pension Plan of said
Fund, as determined by the Trustees of said Fund, applied to the eligible
employees based on the amount of employer contribution. The Company hereby
affirms that he/she has no arrangement for the compulsory retirement of his/her
employees except set forth herein.
H. This clause encompasses the sole and total agreement between the Company
and the Union with respect to pensions or retirement.
I. This clause is subject in all respects to the provisions of the Labor
Management Relations Act of 1947, as amended and to any other applicable
laws.
Article XVI. SUCCESSOR CLAUSE
This Agreement shall be binding upon the parties hereto, their successors,
administrators, executors and assigns.
Article XVII. EFFECTIVE DATE & DURATION FOR AGREEMENT
This Agreement shall become effective as of 12:01 a.m. on April 28, 1996,
and shall continue to be in full force and effect until October 23, 1998 at
midnight and thereafter from year to year, unless either party hereto shall
notify the other by registered letter or certified letter, mailed not less than
sixty (60) days prior to October 23, 1998, or any anniversary date thereof, of
desire to modify or terminate same, provided, however, in the event and change
is of pay or in the present requirement for pay at time and one half (1` 1/2)
the regular hourly rate of pay for hours worked in excess of forty (40) hours in
any work week, which change requires an adjustment of the wages and/or hours of
an employee covered by this Agreement. Either party may elect to reopen this
Agreement as of the effective date of any such law, governmental regulation or
ruling, for the sole purpose of renegotiating the wage schedule or work week and
overtime provision in the said contract or both, depending on which items are
affected by such laws, rulings or regulations, by notifying the other party
subsequent to the effective date of such law, governmental regulation or ruling.
IN WITNESS WHEREOF, the parties have on this 11th day of October 1996
caused their names to be subscribed by their duly authorized officers and
representatives.
Xxxxxxxx'x Foods, Incorporated Bakery, Confectionery and Tobacco
Workers International Union, Local
Union. 66
By: Xxxxxx X. Xxxxxx By: Xxxxxx X. Block
(Signature) (Signature)
President Union President
Witness Witness
By: Xxxxxx Xxxxxxx By: Xxxxxx Xxxxxx
(Signature) (signature)
Dir. of Human Resources
Appendix "A"
WAGES AND CLASSIFICATIONS
Rate Effective:
Classifications Apr. 28, 1996 Oct. 24, 1996 Oct. 24, 1997
Packer 8.25 8.60 8.90
Xxxx 8.35 8.70 9.00
Grinder 8.65 9.00 9.30
Tractor-Trailer Driver 8.80 9.15 9.45
Truck Driver 8.70 9.05 9.35
Shipping and Receiving 8.30 8.65 8.95
Prod./Whse. Worker 8.25 8.60 8.95
Cleaner 8.25 8.60 8.95
Freezer Selector 8.35 8.70 9.00
Slicer/Operator 8.40 8.75 9.05
Checker 8.30 8.65 8.95
Fork Lift Operator 8.65 9.00 9.30
Sauce Cooker 8.25 8.60 8.90
Xxxxx Machine Operator 8.30 8.65 8.95
Band Saw Operator 8.40 8.75 9.05
Spice Room Operator 8.25 8.60 8.90
Meat Trimmer 8.40 8.75 9.05
Packaging Machine Opr. 8.25 8.60 8.90
Injection Machine Opr. 8.35 8.70 9.00
Truck Spotter 8.25 8.60 8.90
Fish Cutter 8.30 8.65 8.95
Loader 8.30 8.65 8.95
B. The rate of pay for new employees will be less $1.00 per hour from scheduled
classification pay. After 180 days the employee will be at the scheduled
classification pay rate.
C. When an employee is transferred from a lower paid job to a higher paid job
for less than three (3) hours, such employee shall continue to receive his/her
regular rate of pay at the lower rate. However, if such transfer exceeds three
(3) hours in any work day, the employee shall receive the higher rate of pay for
all hours worked on the higher paid job. Company shall not remove an employee
who is so transferred to a higher paid job from a lower paid job after less than
three (3) hours of work at the higher paid job solely in order to avoid paying
such employee the higher rate of pay.
D. Night Shift Differential: All employees who work during the period of 6:00
p.m. to 6:00 a.m. shall receive a night shift differential in the amount of an
additional hourly rate of twenty (20) cents over the rate listed in this
Appendix for all hours worked during such period.
E. Group leaders will be given additional pay depending on the scope of the
responsibility (determined exclusively by Management). The minimum amount would
be .20/hr.
F. Wage classification adjustment of 25 cents per hour for all drivers effective
upon ratification, in addition to the general increase. The employer may further
increase the classification rate for drivers during the term of
this agreement, so long as such increase applies equally to all drivers in the
same classification. The Company agrees to notify the Union of any such
increase, amounts and those individuals affected.
Exhibit "A"
Xxxxxxxx'x Foods, Inc.
EMPLOYEES RULES AND POLICIES
Rules and regulations for the conduct of employees are necessary for the orderly
operation of any business and for the benefit and safety of all employees. In
order to clarify what is expected of its employees, Xxxxxxxx'x has adopted the
following regulations. They are to guide us in our conduct and responsibilities
while at work. Changes and additions will be made as appropriate and employees
will be advised. Supervisors will be responsible for implementing these rules
and regulations.
Employees who fail to follow established rules and regulations will be
subject to corrective action or discharge. "Corrective Action" may range from a
simple or timely warning for minor offenses, to layoff without pay, for the more
serious or repeated failure to abide by the rules.
Immediate discharge with previous warning may result in cases of major
violations. Also, repeated or uncorrected conduct may result in discharge. Prior
to final action, an employee may be suspended by his supervisor, while the
proper action in his case is determined. Suspension in itself is not
disciplinary action, it is the pause in active employment during which an
investigation of an incident takes place.
The following are representative causes which may justify disciplinary
action including discharge:
Rule Disciplinary Action
1. Falsifying employment data............................................D
2. Ringing another employee timecard or falsifying time
records...............................................................D
3. Taking company property, ingredients, on or off premises, whether
damaged or undamaged..................................................D
4. Theft.................................................................D
5. Fighting, disorderly or immoral conduct...............................D
6. Sleeping on the job...................................................D
7. Disobeying orders.....................................................D
8. Willful damage to company property....................................D
9. Unauthorized strike action or slowdown-walking off the job............D
10. Smoking in unauthorized areas, drinking or being under the
influence of drugs and/or alcohol.....................................D
11. Eating in unauthorized areas........................................W-D
12. Loafing on the job..................................................W-D
13. Unreported absence................................................W-S-D
14. Violation of safety or sanitation rules..........................W-S-D
15. Carelessness......................................................W-S-D
16. Horseplay-improper conduct on the job.............................W-S-D
17. Chronic absence and/or tardiness..................................W-S-D
18. Unsatisfactory job performance....................................W-W-D
19. Improper dress or appearance......................................W-W-D
20. Failure to report personal injury.................................W-W-D
21. Carelessness which results in economic loss to the
Company.............................................................S-D
22. Crimes off the premises.........................S-Pending Investigation
.....................................................D-After Conviction
23. All employees are required to wear a hair net or washable
hat...............................................................W-W-D
24. Chewing tobacco is forbidden........................................W-D
25. Bringing any particles of glass into plant such as
drinking glasses, bottles, etc., is forbidden.....................W-S-D
26. All employees must change clothes before punching in,
also they must punch out then change clothes......................W-S-D
W - Warning. Written reprimand to employee.
S - Suspension. Release from work for not more than one (1) week.
D - Discharge.
Disciplinary warning letters shall have no force or effect after a period of 12
months from issuance with the exception of chargeable vehicular accidents, which
remain in effect for a period of 36 months.
Weekly work schedule will be posted; kindly check this schedule daily. No
unauthorized persons such as relatives or friends are allowed in shipping or
production areas without permission first given by the xxxxxxx.
Disciplinary action shall be taken within five (5) days of infraction, unless
more time is needed for investigation or unless management's awareness of
incident occurs past this five (5) day limit.
Schedule "A"
XXXXXXXX'X FOODS, INC.
MEDICAL AND DENTAL INSURANCE RATES - 1997
Your premium paid through weekly payroll deduction:
COVERAGE TYPE MEDICAL DENTAL BOTH
EMPLOYEE $ 8.25 $ 3.65 $ 11.90
EMPLOYEE/SPOUSE $ 16.00 $ 5.60 $ 21.60
EMPLOYEE/CHILD $ 16.00 $ 6.50 $ 22.50
FAMILY $ 16.50 $ 10.15 $ 26.65
