EXHIBIT 8
AGREEMENT
by and between
XXXX WHOLESALERS OF TOLEDO, INC.
and
TEAMSTERS UNION LOCAL NO. 20, affiliated
with the INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN
AND HELPERS
Effective May 1, 1997 to April 30, 2001
TABLE OF CONTENTS
Page
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ARTICLE I - RECOGNITION ........................................... 1
ARTICLE II - UNION SECURITY CLAUSE ................................. 2
ARTICLE III - CHECK-OFF OF DUES, INITIATION FEES AND CREDIT UNION ... 2
ARTICLE IV - HOURS OF WORK AND PAY DAY ............................. 3
ARTICLE V - DISCHARGE CLAUSE ...................................... 3
ARTICLE VI - PREMIUM PAY ........................................... 4
ARTICLE VII - RATES OF PAY .......................................... 5
ARTICLE VIII - VACATIONS ............................................. 5
ARTICLE IX - REPRESENTATION ........................................ 6
ARTICLE X - GRIEVANCE PROCEDURE ................................... 7
ARTICLE XI - SENIORITY ............................................. 9
ARTICLE XII - SUPERVISORY EMPLOYEES ................................. 11
ARTICLE XIII - LEAVES OF ABSENCE ..................................... 12
ARTICLE XIV - SAFETY AND HEALTH ..................................... 12
ARTICLE XV - HEALTH AND WELFARE .................................... 12
ARTICLE XVI - PENSION ............................................... 13
ARTICLE XVII - MISCELLANEOUS PROVISIONS .............................. 14
ARTICLE XVIII - PROTECTION OF RIGHTS .................................. 16
ARTICLE XIX - SAVINGS CLAUSE ........................................ 17
ARTICLE XX - TERMINATION ........................................... 18
APPENDIX A
APPENDIX B
EFFECTIVE DATE: May 1, 1997 EXPIRATION DATE: May 1, 2001
AGREEMENT
THIS AGREEMENT, made and entered into as of the 1st day of May,
1997, in the City of Toledo, County of Xxxxx, State of Ohio, by and between the
XXXX WHOLESALERS OF TOLEDO, INC., hereinafter referred to as the "Employer," and
the Teamsters, Chauffeurs, Warehousemen and Helpers Union Local No. 20, Toledo,
Ohio affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND HELPERS, hereinafter called the "Union." Wherever in this
Agreement "man" or "him," or their related pronouns may appear, either as words
or part of words, they have been used for representative purposes and are meant
to include both female and male sexes.
WITNESSETH:
The parties hereto, in consideration of the mutual benefits to be
derived from collective bargaining and for the purpose of securing closer
cooperation among and between the Employer and the employees and in
consideration of the promises, obligations and undertakings of each party, as
herein contained, agree as follows:
ARTICLE I
RECOGNITION
Section 1. The Employer agrees to recognize, and does hereby
recognize the Union, its agents, representatives, or successors, as the
exclusive bargaining agency for all of the truck drivers and helpers of the
Employer except supervisory and office employees and those employees that are
excluded under the National Labor Relations Act as amended.
Section 2. The Employer will neither negotiate nor make collective
bargaining agreements for any of its employees in the bargaining unit covered
hereby unless it be through duly authorized representatives of the Union.
Section 3. The Employer agrees that it will not sponsor or promote
financially or otherwise any labor group or organization, for the purpose of
undermining the Union; nor will it interfere with, restrain, coerce, or
discriminate against, any of its employees in connection with their membership
in the Union.
ARTICLE II
UNION SECURITY CLAUSE
Section 1. It is understood and agreed by and between the parties
hereto that as a condition of continued employment, all persons who are
hereafter employed by the Employer in the Unit which is the subject of this
Agreement shall become members of the Union not later than the thirty-first
(31st) day following the beginning of their employment or the execution date of
this Agreement, whichever is the later; that the continued employment by the
Employer in said unit of persons who are already members in good standing of the
Union shall be conditioned upon those persons continuing their payment of the
periodic dues of the Union; and that the continued employment of persons who
were in the employ of the Employer prior to the date of this Agreement and who
are not now members of the Union shall be conditioned upon those persons
becoming members of the Union not later than the thirty-first (31st) day
following the execution date of this Agreement. The failure of any persons to
become a member of the Union at such required times or to remain a member shall
obligate the Employer, upon written notice from the Union to such effect, to
forthwith discharge such person provided that Union membership was available to
such person on the same terms and conditions generally available to other
members.
Section 2. It is understood and agreed that the Company shall have a
probationary period of thirty (30) calendar days which may be extended by
written request, for an additional period of thirty (30) calendar days, however,
the employee shall be paid the full wage scale after having completed his first
thirty (30) calendar days of employment. In the event he continues his
employment after the probation period or extension thereof his seniority date
shall revert to his first day of hire.
ARTICLE III
CHECK-OFF OF DUES, INITIATION FEES AND CREDIT UNION
Section 1. It is understood and agreed between the Employer and the
Union that the Employer will deduct any back unpaid Union dues and initiation
fees from the paycheck of all employees who have signed proper legal
authorizations for such deductions and who are covered by this Agreement, on the
first pay day of the month for which current Union dues (payable in advance) and
initiation fees are due to the Union. The Employer further agrees to remit to
the Secretary-Treasurer of the Union, before the fifteenth (15th) day of that
month, all Union dues and initiation fees so deducted from the paychecks of the
employees covered by this Agreement.
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Section 2. The Employer agrees to deduct from the pay of the
employees upon written and legal authorization by such employee any monies for
the Credit Union and remit same to Credit Union by separate check.
Section 3. The Employer agrees to deduct from the pay of employees
who give such authorization in writing voluntary contributions to DRIVE. DRIVE
shall notify the Employer of the amounts designated by each contributing
employee that are to be deducted from his/her paycheck on a weekly basis for all
weeks worked. The phrase "week worked" excludes any week other than a week in
which the employee earned a wage. The Employer shall transmit to DRIVE National
Headquarters on a monthly basis, in one check, the total amount deducted along
with the name of each employee on whose behalf a deduction is made, the
employee's Social Security number and the amount deducted from the employee's
paycheck. The International Brotherhood of Teamsters shall reimburse the
Employer annually for the Employer's actual cost for the expenses incurred in
administering the weekly payroll deduction plan. This DRIVE deduction
authorization shall be changed no more frequently than once each year.
ARTICLE IV
HOURS OF WORK AND PAY DAY
Section 1. It is agreed that the normal hours of work shall be eight
(8) hours per day and forty (40) hours per week, and that the work week shall
start on Monday and end on Friday.
Section 2. Pay day shall remain as at present. Should a pay day fall
on a holiday, it shall be advanced to the next preceding day, not a holiday.
ARTICLE V
DISCHARGE CLAUSE
Section 1. No member of the bargaining unit shall be discharged or
suspended or taken out of service of the Employer, except for proven dishonesty,
drug addiction or being under the influence of alcoholic beverages during
working hours, without first being given a hearing by the Employer with a
business agent of the Union present at such hearing. If agreement cannot be
reached then the Employer may take such action as he deems necessary but same
shall be subject to the Grievance Procedure. However, if after having called the
Union for the purpose of having a hearing and no agent is available, within
three (3) working days,
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then the Employer may temporarily suspend the employee without liability until
said hearing can be held.
ARTICLE VI
PREMIUM PAY
Section 1. All work in excess of forty (40) hours per week shall be
considered overtime and shall be paid at the rate of time and one-half (1-1/2)
the regular rate of pay. For overtime calculation purposes, all hours for which
an employee is compensated shall be credited against the forty (40) hours on a
straight time basis.
Section 2. Sunday and holiday work shall be paid at the rate of
double (2) the regular rate of pay.
Section 3. It is agreed that the following named holidays shall be
considered paid holidays: Day before New Year's Day, New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving
Day, the last regular working day before Christmas Day and Christmas Day.
Employee shall receive eight (8) hours straight time pay, provided that the
employee must work the last regular work day before a holiday and the first
regular work day after the holiday to receive said holiday pay. Any employee
excused by the General Manager, or by a person designated by him, off because of
injury or proven illness shall receive pay for holidays as though he had worked.
This pay shall be in addition to pay for any time worked on the holidays in
accordance with Section 2 above.
Section 4. Any regular employee who reports for work on a regularly
scheduled work day without previous notice not to report shall be guaranteed
four (4) hours' work or pay. Any regular employee requested to report for work
on Saturdays, Sundays, or holidays, shall be guaranteed four (4) hours' work or
pay at the rate applicable for that day.
Section 5. Overtime shall not be paid twice (2) for the same hours.
Section 6. All regular employees who are required to start work
after 3:00 p.m., or required to work the greater part of a day after 3:00 p.m.,
shall be paid ten cents ($.10) an hour as additional compensation.
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ARTICLE VII
RATES OF PAY
The regular wage scale to be paid by the Employer to the employees
working under this Agreement as hereinafter specified, shall be shown on
Appendix A, attached hereto and made a part hereof.
ARTICLE VIII
VACATIONS
Section 1. Eligibility for an employee's first vacation (one week)
and for each increase in vacation (his first two weeks' vacation) will be
determined as of January 1 of each year. During their first year of hire,
employees who do not qualify for full vacation shall receive pro rata vacation
pay.
Section 2. Employees covered by this Agreement who have worked sixty
percent (60%) or more of the total working days during the calendar year shall
receive a vacation of forty (40) hours with pay of two percent (2%) of their
prior year's federal form W-2 earnings.
Employees who have worked three (3) consecutive years and sixty
percent (60%) or more of the total working days of the calendar year entitling
them to the vacation shall be eligible for a vacation of eighty (80) hours with
pay of four percent (4%) of their prior year's federal form W-2 earnings.
Employees who have worked ten (10) consecutive years and sixty
percent (60%) or more of the total working days of the calendar year entitling
them to a vacation shall be eligible for a vacation of one hundred twenty (120)
hours with pay of six percent (6%) of their prior year's federal form W-2
earnings.
Section 3. One (1) week of an employee's earned vacation shall be
mandatory and taken at a time mutually agreed upon between the Employer and
employee. No more than two (2) weeks' vacation may be taken during the busy
season except by mutual agreement between the Employer and the employee
involved. Vacations earned but not taken shall be paid to employees at the end
of the next to last pay period of the calendar year.
Section 4. Regular employees who have been absent on leave of
absence or absent due to illness, of more than six (6) months' duration,
military service or temporary layoff, so that they were not present for work the
full year previous to their anniversary date, shall receive in the next
succeeding year a
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pro rata share of the vacation for which they qualify under Section 1 and 2
above. Absence due to illness of less than six (6) months' duration shall not be
counted against vacations. The vacations shall be prorated on the basis of
one-twelfth (1/12) of the vacation period each month or part of a month the
employee worked the preceding year. Any vacation so computed resulting in a
fraction of a day shall be rounded off to the next whole day.
Section 5. Vacation pay will be computed on a basis of two percent
(2%) of employees' prior year's federal form W-2 earnings for each week of
vacation to which they are entitled.
Section 6. If prior to receiving the vacation to which he is
entitled, an employee dies, or leaves the service of the Employer, he or his
legal representative shall receive the vacation pay to which such employee is
entitled.
Section 7. Except as provided in Section 3 of this Article,
employees shall receive their vacation pay in full on the last day prior to
their vacations.
Section 8. If a paid holiday occurs during an employee's vacation he
shall be paid for eight (8) hours at his straight time rate or be given one (1)
additional day's vacation.
ARTICLE IX
REPRESENTATION
Section 1. The Union shall be represented by a Shop Xxxxxxx.
Section 2. The Xxxxxxx may meet as often as necessary and reasonable
to consider grievances; no xxxxxxx shall be transferred from his department
without consultation and agreement with the Union.
Section 3. Stewards: The Employer recognizes the right of the Union
to designate plant stewards and alternates from the Employer's seniority list.
The authority of job Stewards and alternates so designated by the
Union shall be limited to and shall not exceed the following duties and
activities:
1. The investigation and presentation of grievances with his
Employer or the designated Company representative in
accordance with the provisions of the collective bargaining
agreement
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2. The transmission of such messages and information which shall
originate with, and are authorized by the Local Union, or its
officers, provided such messages and information:
(a) have been reduced to writing, or;
(b) if not reduced to writing, are of a routine nature and
do not involve work stoppages, slow downs, refusal to
handle goods, or any other interference with the
Employer's business.
Job Stewards and alternates have no authority to take strike action
or any other action interrupting the Employer's business, except as authorized
by official action of the Union.
The Employer recognizes these limitations upon the authority of job
Stewards and their alternates, and shall not hold the Union liable for any
unauthorized acts. The Employer in so recognizing such limitations shall have
the authority to impose proper discipline, including discharge, in the event the
Shop Xxxxxxx has taken unauthorized strike action, slow down, or work stoppage
in violation of this Agreement.
ARTICLE X
GRIEVANCE PROCEDURE
Should differences arise between the Employer and the Union or any
employee of the Employer as to the meaning or application of the provisions of
this Agreement, such differences shall be settled in the following manner:
Section 1. The aggrieved employee or employees shall take their
grievances up with the xxxxxxx in charge of their department. Employees shall
have the Shop Xxxxxxx present on any grievance. If a satisfactory settlement is
not effected with the xxxxxxx within one (1) working day, the employee shall
submit such grievance to the Union in writing and a copy of said grievance to be
given or served upon the Employer.
Section 2. Thereafter, the matter shall be referred in writing by
the Union to the General Manager of the Company of some other executive officer
of the Company with authority to act, who shall review the alleged grievance and
offer a decision within five (5) working days after receipt of same, and shall
give his answer in writing.
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Section 3. If no agreement has yet been reached, the Employer and
the Union agree to submit the matter to arbitration and to accept the decision
of the majority of an arbitration board, consisting of one (1) member selected
by the Employer and one (1) member selected by the Union and the third selected
by the two arbitrators nominated as above. Such arbitration may be demanded by
either party to this Agreement by notice in writing. It shall be incumbent upon
both parties to nominate failure of the two arbitrators nominated as above to
agree upon the third arbitrator, both parties agree to ask the Executive
Secretary of the Labor Management Citizens Committee of Greater Toledo to submit
the names of five (5) public members of the panel for consideration as the
arbitrator. The Employer and the Union agree to alternately strike names from
the list until only one (1) remains, this public member shall be the third
member of the arbitration. The right to strike the first name from the list
shall be determined by lot in a manner chosen by the arbitrators named by the
Employer and the Union. The expense of the third Arbitrator selected shall be
borne equally by the Employer and the Union.
Section 4. Prior to the decision of the final step of the Grievance
Procedure, there shall be no strikes or lockouts. The decision of the arbitrator
shall be final and binding. However, in the event that either party refuses to
abide by the decision of the Board of Arbitration or refuses to submit a
grievance to arbitration, then the other party shall have full recourse to all
economic or legal action to support such decision. Arbitration shall be limited
to matters concerning the interpretation or application of provisions of this
Agreement. Willful violation of the wage scale provision shall not be subject to
arbitration.
Section 5. If such claim, dispute or controversy is not submitted to
the Grievance Procedure within fifteen (15) days after the happening (or
knowledge thereof) giving rise thereto, such claim, dispute, or controversy
shall be considered as barred and completely disposed of both from the
standpoint of the Union and the affected employee or employees. However, appeal
from discharge must be made in writing with a copy to the Employer and one to
the Union within three (3) working days.
Section 6. In the event the Executive Board of the Union, the
Executive Board of Joint Council No. 44, the General Executive Board of the
International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America (hereinafter referred to as "IBT"), the general president of the IBT,
the International Convention of the IBT or a panel appointed by the Executive
Board of Joint Council No. 44, the General Executive
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Board of the IBT, the general president of the IBT, or the International
Convention of the IBT, or any agency or court decides that an employee's
grievance was improperly withdrawn from the grievance procedure by the Union,
the grievance shall be reinstated to the grievance procedure at the step from
which it was withdrawn. This Agreement shall apply to all grievances arising
under the grievance procedure provided in this Agreement, or presently being
appealed to the Executive Board of the Union, the Executive Board of Joint
Council No. 44, the General Executive Board of the IBT, the general president of
the IBT, the International Convention of the IBT, or a panel appointed by the
Executive Board of the Union, the Executive Board of Joint Council No. 44, the
General Executive Board of the IBT, the general president of the IBT or the
International Convention of the IBT, as well as to all grievances filed in the
future.
Section 7. Any Shop Xxxxxxx shall be permitted to leave his work to
investigate and adjust grievances of any employee within his jurisdiction.
The Xxxxxxx or any authorized officer or representative of Local No.
20 shall have free access to the plant during working hours so that he may
contact stewards or members, investigate grievances, and promote smooth
operation of the contracts. No time or pay will be lost during regular working
hours, by the Shop Xxxxxxx while performing his duties or investigating
grievances. The Shop Xxxxxxx shall be paid for all time spent on grievances with
management arising under or out of this Agreement.
ARTICLE XI
SENIORITY
Section 1. Seniority will be determined on the basis of the length
of continuous service with the Employer. Beginners shall acquire seniority after
thirty (30) days employment or as extended which shall be computed as provided
in Article II, Section 1, of this Agreement. Seniority of steadily employed
beginners shall date back to the beginning of their steady employment.
Section 2. In case of layoffs, the Employer will first lay off
beginners and shall then lay off those regular employees, with the least
seniority. Rehiring shall be according to seniority providing the senior
employee has the ability to perform the work required. It shall be the duty of
all employees to keep the Employer informed as to his current address and
telephone number.
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Section 3. In the event it becomes necessary to reduce the working
force, the youngest man or men in seniority may be notified before the end of
the work day on Friday that his or their services will not be needed the
following week. In the event his or their services are again needed, he or they
shall be recalled to work on the basis that if more than one employee shall have
been laid off, the youngest man or men in seniority shall be considered to be
permanent lay-off and the man having the greatest amount of seniority shall be
considered on temporary layoff.
Section 4. Employees shall lose their seniority if:
1. They shall quit;
2. They are discharged for just cause;
3. If after forty-eight (48) hours' notice by telegraph or
registered mail to their last known address, they fail
to report for work, unless such failure is excused by
extenuating circumstances.
Section 5. Any time a run becomes permanently vacant it shall be
posted for three (3) work days. After the said three (3) work days the run will
be awarded to the most senior bidder. If no one bids for the vacancy, the
Company may assign the bid to the least senior employee.
Whenever the Company changes the runs such runs shall be posted for
bid for three (3) work days. After the said three (3) work days the runs shall
be awarded to the most senior bidders. If no one bids for a run, the Company may
assign the run to the least senior employee.
Section 6. An employee who is unable to work because of temporary
sickness or temporary disability shall continue to accumulate seniority during
the period of his illness or disability.
Section 7. An employee absent upon a leave of absence as authorized
herein shall continue to accumulate seniority during the period of this absence.
Section 8. Vacation period preferences are to be determined
according to seniority and are to be scheduled so as not to interfere with
efficient operations of the Employer.
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Section 9. All work entitling an employee to premium pay shall be
distributed as evenly as possible within each job classification, beginning at
the top of the seniority list for that job classification and proceeding down
said list thereafter.
Section 10. Regular employees who leave the service of the Employer
to enter that of the United States Armed Forces, or the service of the U.S.
Maritime Commission, or who are drafted by the United States Government for
civilian services, will, upon their return, within ninety (90) days from release
from such service, be granted all seniority rights as if continuously employed
by the Employer during such service. Such persons will be rehired by the
Employer to take the place of other persons employed by the Employer who have
less seniority.
ARTICLE XII
SUPERVISORY EMPLOYEES
Section 1. Supervisory employees shall not perform work covered by
the listed classification and ordinarily assigned to regular employees covered
by this Agreement.
Section 2. The Employer agrees to respect the jurisdictional rules
of the Union and shall not direct or require its employees or other persons,
other than employees in the bargaining unit here involved, to perform work which
is recognized as the work of the employees in said unit except to cover absences
or extra runs on a particular day. The Union also recognizes the fact that the
management, office employees and sales personnel must be allowed to show
products to customers and the Union will not object to their performing this
function, even though such action may involve physically moving of some products
to properly show such products. Employees of other employers not covered in the
Bargaining Unit may only perform work around their own vehicles. The Union also
agrees that it will not object to the Employer allowing Management and Sales
Trainees to work in the warehouse and yard in order to become familiar with its
products; provided said Sales Trainees are not used to defeat the overtime
provisions of this Agreement, nor shall they be used to prevent the hiring of
additional employees into the Bargaining Unit. Said Trainees shall not be used
in excess of fifty percent (50%) of their working hours in a four (4) week
period on work covered by this Agreement.
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ARTICLE XIII
LEAVES OF ABSENCE
Section 1. Any employee elected or appointed as an official of the
Union or delegate to any labor activity, necessitating a leave of absence, shall
be granted a leave of absence without pay and be guaranteed re-employment at the
end of such period, if he is entitled to it according to his seniority, as
though he had been continuously employed. Such leave of absence shall be granted
to not more than one (1) employee during the busy season.
Section 2. Leaves of absence for reasons other than illness shall be
only granted upon approval of the Union and the Employer.
Section 3. Leaves of absence shall be in writing, in triplicate and
signed by the Employer, and the Union, one (1) copy shall, be retained by the
Employer, one (1) copy by the employee, and one (1) copy by the Union.
ARTICLE XIV
SAFETY AND HEALTH
Section 1. The Employer shall continue to make reasonable provisions
for the safety and health of its employees at the plant during the hours of
employment. Protective devices on equipment necessary to properly protect
employees from injury shall be provided by the Employer. The Employer shall
provide clean lunch rooms and rest rooms with water for all employees.
Section 2. It is agreed by the Employer that any employee who may be
injured during the course of his day's employment shall be paid a minimum of
eight (8) hours' pay for that day, if such injury required him to leave his job.
ARTICLE XV
HEALTH AND WELFARE
Section 1. The Employer will provide an insurance program known as
the Xxxx Flex Benefits Plan (the "Plan") for each full-time employee (and his
dependents) covered by this Agreement after the conclusion of his probationary
period. The Plan shall include, at Company cost, insurance coverage for life,
accidental death and dismemberment, weekly sickness and
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accident ($235 per week effective May 1, 1997, $240 per week effective May 1,
1998, $245 per week effective May 1, 1999 and $250 per week effective May 1,
2000, effective first day of nonoccupational accident and eighth day of personal
illness for a maximum of 26 weeks), long-term disability and comprehensive
health (Option 2, Gold Seal II). The deductibles, co-insurances, and
out-of-pocket annual maximums for Option 2, Gold Seal II (the current levels of
which are set forth in Appendix B to this Agreement) may be changed at the
discretion of the Company, but the cumulative effect of any such changes on
in-network coverage on Option 2, Gold Seal II shall not increase the
out-of-pocket maximums for family coverage by more than ten percent (10%) in any
calendar year and shall not increase the out-of-pocket maximums for single
coverage by more than ten percent (10%) in any calendar year. The Plan shall
also include voluntary vision care, voluntary dental care, a voluntary health
care reimbursement account, a voluntary dependent care reimbursement account and
a voluntary premium conversion program. The Plan shall also include two
additional comprehensive health options (Option 1, Gold Seal I and Option 3,
Gold Seal III), the cost and credits for enrollment in same, as well as the
deductibles and co-insurance provisions of which, may be changed at the
discretion of the Company during the life of this Agreement.
Temporary and part-time employees shall not participate in the
foregoing benefits.
The Company may change coverage or contract with carriers other than
those currently providing coverage, so long as the plan remains substantially
similar, but not necessarily equal to or the same as the coverage provided at
the start of this Agreement. Any change in coverage which is not substantially
similar to that provided at the start of this Agreement must be discussed in
good faith with the Union prior to implementation. The Union will be given the
opportunity to present viable alternatives to the Company to attempt to avoid or
reduce cost increases to its members. If no agreement is reached, and the
Company implements provisions which the Union maintains are not substantially
similar to the coverage provided at the start of this Agreement, the Union may
utilize the grievance and arbitration procedure in order to resolve the
disagreement.
ARTICLE XVI
PENSION
Section 1. The Employer shall contribute to the Central States,
Southeast and Southwest Areas Pension Fund the
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following sums per week for each regular, full-time employee covered by this
Agreement who has been on the payroll thirty (30) days or more:
Effective Date Amount of Contribution
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May 1, 1997 $69 per week
May 1, 1998 $79 per week
May 1, 1999 $83 per week
May 1, 2000 $85 per week
Said contributions are made under Schedule B of said Fund. There shall be no
other pension fund under this Agreement for operations under this Agreement.
Section 2. By the execution of this Agreement, the Employer
authorizes the Employer's Associations which are parties hereto, to enter into
appropriate trust agreements necessary for the administration of such Fund, and
to designate the Employer Trustees under such agreement, hereby waiving all
notice thereof and ratifying all actions already taken or to be taken by such
Trustees within the scope of their authority.
Section 3. If an employee is absent because of illness or
off-the-job injury and notifies the Employer of such absence, the Employer shall
continue to make the required contributions for a period of four (4) weeks. If
an employee is injured on the job, the Employer shall continue to pay the
required contributions until such employee returns to work; however, such
contributions shall not be paid for a period of more than twelve (12) months. If
an employee is granted a leave of absence, the Employer shall collect from said
employee, prior to the leave of absence being effective sufficient monies to pay
the required contributions into the Pension Fund during the period of absence.
Section 4. Employees who work either temporarily or in cases of
emergency under the terms of this Agreement shall not be covered by the
provisions of this Article.
Section 5. Notwithstanding anything herein contained, it is agreed
that in the event any Employer is delinquent at the end of the period in a
payment of his contributions to the Central States Southeast, Southwest Areas
Pension Fund created under this Agreement, in accordance with the rules and
regulations of the Trustees of such Fund, after an officer of the Union has
given seventy-two (72) hours' notice to the Employer of such delinquency in
Pension payments, the Union shall have the right to take such action as they
deem necessary until such delinquent payments are made, and it is further agreed
that in the event such action is taken, the
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Employer shall be responsible to the employees for all losses resulting
therefrom.
Employers who are delinquent also must pay all attorney fees and
costs of collections.
ARTICLE XVII
MISCELLANEOUS PROVISIONS
Section 1. The Employer agrees to furnish bulletin boards in each
unit.
The Union shall have the right to post Union notices or notices of
social gatherings on the bulletin boards.
Section 2. It is agreed that the Company will not ask the employees
to work overtime on any regular or special meeting night of the Union. The Union
shall advise the Employer of the time of any such regular or special meeting is
to take place.
Section 3. The Xxxxxxx shall have top ranking seniority during his
term of office, irrespective of actual length of service, for the purpose of
layoff and recall only.
Section 4. Members of the bargaining unit employed by the Employer
shall immediately report to their employer in writing, all defects of equipment
and all accidents together with the names and addresses of all witnesses to
accidents.
Section 5. The Employer shall not require members of the bargaining
unit to take out on the streets or highways, any vehicle not equipped with the
safety appliances prescribed by law, or any vehicle that is not in a safe
operating condition.
Section 6. When a regular employee is required to perform jury duty,
the Employer will reimburse him for losses in regular wages which occur as a
result of serving on the jury. Such reimbursement will be the difference between
the pay received for jury duty and his pay for the regularly scheduled hours of
work. When the employee has completed jury duty each day, he promptly shall call
the Employer to determine if he should report to work that day.
Section 7. The Company shall have the right to hire seasonal (May 1
through October 31) and/or temporary part-time employees to supplement its
regular work force at a pay rate to be determined by the Employer. Such
employees shall not be entitled to any of the fringe benefits provided in this
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Agreement for regular employees. No such seasonal or temporary part-time
employee shall be hired when any regular employee is on layoff due to lack of
work or is scheduled to work less than forty (40) hours per week due to lack of
work. Such employees, however, shall be given first consideration for job
vacancies covered by this Agreement.
Section 8. If a Shipping/Relief Driver drives three (3) days or more
per week on a regular scheduled basis for twelve (12) consecutive weeks or more,
he will become a member of the Teamsters Union and qualify as a full time
driver.
Teamsters will be allowed to work on the dock on an occasional basis
or on a day for which no run is scheduled. If any Xxxxxxx is laid off no
Teamster will work in the warehouse. If any Teamster is laid off no Xxxxxxx will
drive truck.
Section 9. In the event of the death of a permanent employee's
spouse, parent, child, brother or sister, such employee shall be granted up to
three (3) days' leave, with pay at his regular straight-time hourly rate for
eight (8) hours per day, to arrange and attend the funeral.
Any employee who is absent from work because of the death of a
grandparent, grandchild, half-brother, half-sister, step-child, step-mother,
step-father, step-brother, step-sister, mother-in-law or father-in-law, will be
granted up to eight (8) straight hours leave with pay during the normal work
week, provided he attends the funeral.
ARTICLE XVIII
PROTECTION OF RIGHTS
Section 1. Picket Line: It shall not be a violation of this
Agreement, and shall not be cause for discharge or disciplinary action, in the
event an employee:
(a) Refuses to enter upon any property of his Employer involved in
a lawful primary labor dispute or refuses to go through or
work behind any lawful primary picket line at his Employer's
places of business, including picket lines of Unions parties
to this Agreement; or
(b) Refuses to go through or work behind any picket line,
including picket lines of Unions parties to this Agreement, at
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the places of business of any other Employer where the
employees of such Employer are engaged in a strike ratified or
approved by the Union of such employees whom such Employer is
legally required to recognize.
Section 2. Struck Goods: It shall not be a violation of this
Agreement and it shall not be cause for discharge or disciplinary action if any
employee refuses to perform any service which his Employer performs by
arrangement with an Employer or person whose employees are on strike, and which
service, but for such strike, would be performed by the employees of the
Employer or persons on strike.
Section 3. Grievances: Within five (5) days of filing of a grievance
claiming violation of this Article, the parties to this Agreement shall proceed
to the final step (Article X, Section 4) of the Grievance Procedure, without
taking any intermediate steps, any other provision of this Agreement to the
contrary notwithstanding.
Section 4. Sympathetic Action: In the event of a labor dispute
between any Employer or Union, party to this Agreement, during the course of
which such Union engages in lawful economic activities which are not in
violation of this Agreement, then any other affiliate of the International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America having
any agreement with such Employer shall have the right to engage in lawful
economic activity against such Employer in support of the Union which is party
to this Agreement notwithstanding anything to the contrary in the Agreement
between such Employer and such other affiliate.
ARTICLE XIX
SAVINGS CLAUSE
Section 1. If any Article or Section of this Agreement or any rider
thereto should be held invalid by operation of law or by any tribunal of
competent jurisdiction, or if compliance with or enforcement of any Article or
Section should be restrained by such tribunal pending a final determination as
to its validity, the remainder of this Agreement and of any rider thereto, or
the application of such Article or Section to persons or circumstances other
than those as to which it has been held invalid or as to which compliance with
or enforcement of has been restrained, shall not be affected thereby.
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Section 2. In the event that any Article or Section is held invalid
or enforcement of or compliance with which has been restrained, as above set
forth, the parties affected thereby shall enter into prompt collective
bargaining negotiations, upon the request of the Union or the Employer, for the
purpose of arriving at a lawful and mutually satisfactory replacement for such
Article or Section during the period of invalidity or restraint.
ARTICLE XX
TERMINATION
This Agreement shall take effect as of the 1st day of May, 1997 and
shall continue through the 30th day of April, 2001, and thereafter from year to
year unless terminated or amended at the option of either party upon written
notice to the other, not less than sixty (60) days prior to any such termination
date.
IN WITNESS WHEREOF, the parties hereto have signed and executed
this Agreement this day of , 1997.
XXXX WHOLESALERS OF TOLEDO, TEAMSTERS UNION LOCAL NO. 20
INC. affiliated with the INTERNA-
TIONAL BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND HELPERS OF
AMERICA
By
------------------------ ----------------------------
Xxxx X. XxXxxxxx
----------------------------
----------------------------
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APPENDIX A
This Appendix is attached to and becomes a part of the Collective
Bargaining Agreement in accordance with Article VII of the Agreement between the
Xxxx Wholesalers of Toledo, Inc. and Teamsters Local Union No. 20. This
Agreement is effective May 1, 1994.
MINIMUM WAGE RATES
Effective Effective Effective Effective
CLASSIFICATION 5-1-97 5-1-98 5-1-99 5-1-00
-------------- --------- --------- --------- ---------
TRUCK DRIVERS $12.40 $12.70 $13.00 $13.40
NEW HIRE PROGRESSION
New employees hired on or after May 1, 1994 into the Truck Driver
classification shall receive eighty percent (80%) of the above classification
rate for their first ninety-one (91) days of employment, eighty-five (85%) of
the above classification rate for their second ninety-one (91) days of
employment, ninety percent (90%) of the above classification rate for their
third ninety-one (91) days of employment, ninety-five percent (95%) of the above
classification rate for their fourth ninety-one (91) days of employment and one
hundred percent (100%) of the above classification rate thereafter. For the sole
purpose of application of this new hire progression rate, employees who leave
the Millmen's Local No. 1359 bargaining unit with the Company to become regular
Truck Drivers in this bargaining unit shall be credited with all Company
service.
APPENDIX B
================================================================================
Option 1 Option 2 Option 3 Opti
Medical Gold Seal I Gold Seal II Gold Seal III No cov
--------------------------------------------------------------------------------
Network Non-Network
Deductible
Individual $400 $175 $ 400 $ 500
Family $600 $300 $1,000 $1,500
Per Hospital
Admission n/a n/a $ 250 n/a
Coinsurance 80/20% 90/10% 70/30% 80/20%
--------------------------------------------------------------------------------
Coinsurance Limit
Individual $2,500 $3,750 $3,000 $ 5,000
Family $5,000 $7,500 $9,000 $10,000
--------------------------------------------------------------------------------
Out-of-Pocket
Annual Maximum
Individual $ 900 $ 550 $1,300 $2,000
Family $1,600 $1,050 $3,700 $4,500
--------------------------------------------------------------------------------
Plan Maximum $1,000,000 $1,000,000 $1,000,000 $1,000,000
--------------------------------------------------------------------------------
Prescription Card $15 $15 $15 $15
--------------------------------------------------------------------------------
Mail Order Pharmacy $20 $20 $20 $20
--------------------------------------------------------------------------------
Cost Management
Hospital PAR Yes Yes Yes Yes
Second Surgical
Opinion Managed Managed Managed Managed
-if required,
covered at 100% 100% 100% 100%
--------------------------------------------------------------------------------
Mental Health and
Substance Abuse
Calendar Year Max.
- Inpatient $10,000 $10,000 $10,000 $10,000
- Outpatient $ 1,000 $ 1,000 $ 1,000 $ 1,000
COMBINED LIFETIME
MAXIMUM $25,000 $25,000 $25,000 $25,000
================================================================================
Covered medical expenses include such items as:
Hospital Expense Outpatient Surgery
Emergency Room Care X-Ray and Lab Expenses
Ambulance Expense Radiation Therapy Expenses
Pre-Admission and Post-Discharge Testing Nursing Expense
Physician's Expenses Mental and Nervous Condition
Surgical and Anesthesia Expense Home Health Care Benefits
Mammograms and Prostate Exams Human Organ Tissue Transplant