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Exhibit 9.0
AGREEMENT made effective as of the 2nd day of October, 1998 by and between
COLORADO PRIME CORPORATION, hereinafter designated as the "Employer" , and Local
210, Warehouse & Production Employees Union, AFL-CIO, CLC, hereinafter
designated as the "Union".
IN CONSIDERATION of the promises and of the mutual and reciprocal promises
herein made and obligations herein assumed, as more fully hereinafter set forth,
the parties agree as follows:
FIRST: The Employer recognizes the Union as the sole collective
bargaining agent for all employees in its employ, excluding executives,
supervisors, office clerical personnel, and armed guards. Whenever the word
"employees" is used in this Agreement, it shall be deemed to refer to all such
employees, whether or not they are members of the Union. As a condition of
continued employment, all employees shall become and remain members of the Union
in good standing after they have completed thirty-one (31) days of probationary
employment or thirty-one (31) days after the execution of this Agreement,
whichever is later, provided, however, that no employee shall be removed from
their employment under this paragraph so long as he/she continues to tender
uniform dues and initiation fees to the Union after such thirty-one (31) day
period. Any employee who fails to maintain their membership to the extent of not
paying uniform dues and initiation fees after such thirty-one (31) day period
shall be discharged by the Employer immediately upon notification from the Union
in person or in writing.
SECOND: The Employer agrees that authorized representatives of the
Union shall be permitted to enter the Employer's place of business at any time
for the adjustment of disputes, grievances or any other matter that may require
their presence.
THIRD: The work week of all employees, excluding drivers, shall
consist of five (5) days, Monday through Saturday, and no more than eight (8)
hours per day and no more than forty (40) hours per week. Overtime beyond forty
(40) hours in any week or for hours worked on the sixth (6th) day shall be
compensated for at the rate of time and one-half the employee's regular hourly
rate. Sunday shall be compensated for at the rate of double the employee's
regular hourly rate. The work week for drivers shall consist of four (4) ten
(10) hour days. Tuesday through Saturday, four (4) late starts per depot with
four (4) days notice. All drivers hired after October 1, 1995, for first three
years, guarantee 40 hours time-in/time-out. Overtime beyond forty (40) hours in
any week or for hours worked on the fifth (5th) day shall be compensated for at
the rate of time and one-half the driver's regular hourly rate.
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FOURTH: The Employer shall deduct from the employee in payment of
uniform membership dues and initiation fees and make such deductions from the
first payroll in each month and transmit all such funds deducted no later than
the 10th day of each month. All funds deducted from the employee's pay for the
payment of such dues and initiation fees shall be held in trust by the Employer
and shall be considered at all times the property of the Union and shall not be
commingled with the Employer's funds, provided, however, that prior to making
such deductions, the Employer has received from each employee on whose account
such deductions are made a written assignment, which shall be irrevocable for
not more than one (1) year or beyond the termination date of this Agreement,
whichever occurs sooner, and which may contain a clause that such assignment be
automatically renewed for additional periods of one (1) year, unless the
employee shall terminate such assignment in writing within thirty (30) days
prior to the expiration date thereof.
FIFTH: No employee shall be discharged, suspended, laid off, or
furloughed except for good and sufficient cause. In the event an employee is
proven to have committed an act amounting to dishonesty or criminal negligence,
the Employer may summarily discharge such employee. Layoffs shall be made in
accordance with seniority where possible and recalls shall be made in accordance
with seniority where possible.
SIXTH: Should any dispute arise concerning the application,
interpretation, effect, purpose or breach of any terms or conditions of this
Agreement; or in the event that there shall exist any claims, demand, dispute or
controversy between the parties hereto, including but not limited to a demand or
dispute arising out of a proposed addition, deletion or modification of this
Agreement, the parties hereto shall first attempt to settle and adjust such
dispute, claim, demand or controversy by negotiation. In the event that said
dispute, claim, demand or controversy shall not be completely settled and
adjusted within then (10) days after it has risen, the parties agree to submit
the question, including any damages that have been suffered, to arbitration in
the following manner:
- The New York State Employment Relations Board, upon request of either
party hereto, designate the Arbitrator who shall conduct a hearing in
such a manner as he/she shall consider proper, and serve as sole
arbitrator of the dispute between the parties. The Arbitrator shall
have the right to conduct an ex parte hearing in the event of the
failure of either party to be present at the time and place designated
for the arbitration, and shall have the power to render a decision on
the testimony before him/her at such hearing. The decision of the
Arbitrator shall be final and binding upon both parties and may be
entered as a final decree or judgment in the Supreme Court of the State
of New York. The costs of arbitration, including the Arbitrator's fee,
shall be borne equally by the Employer and the Union. It is the intent
of the parties hereto that all disputes between them, both within and
outside the Agreement, shall be submitted to arbitration and that no
technical defense to prevent the holding of the arbitration shall be
permitted.
SEVENTH: All employees covered by this Agreement shall
receive vacation pay in accordance with the following schedule:
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A. Employees employed as of October 1, 1995.
Length of service Vacation with Pay
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One (1) year but less than ten (10) years- Two (2) weeks.
Ten (10) years or more- Three (3) weeks.
Seventeen years (17) or more- Four (4) weeks.
B. Employees employed after October 1, 1995.
LENGTH OF SERVICE - SEE ADDENDUM II
One (1) year but less than three (3) years- One (1) week.
Three (3) years but less than ten (10) years- Two (2) weeks.
Ten (10) years or more- Three (3) weeks.
Seventeen years or more- Four (4) weeks.
C. Following each employee's anniversary the employee is entitled to either one
(1) week, two (2) weeks, three (3) weeks or four (4) weeks vacation. The
employees shall be notified by the Employer three (3) months in advance
before closing for vacation.
D. The first week in February the Employer shall post a notice for all those
employees with a third and fourth week of vacation. Each employee, must put in
writing by the first week in March their request for the third and fourth week
he/she will request as their vacation. If more than one employee requests the
same week seniority shall prevail.
EIGHTH: All employees shall receive pay for the legal holidays
listed below, whether or not they are scheduled to work on such holiday. Work
performed on such holiday shall be compensated for at time and one-half the
employee's regular rate in addition to holiday pay:
New Year's Day Labor Day
Washington's Birthday Thanksgiving Day
Memorial Day Christmas Day
July 4th
Employees must work the day before and the day after a holiday in order to be
eligible for holiday pay, unless the employee has a legitimate documented
excuse.
Additional days off which employees are entitled to are:
One Personal Day (no restrictions)
Employee's Birthday *
One Personal Day (after twelve (12) months employment)
Employee's anniversary (starting date) after five (5) years
employment
Day-After Thanksgiving- All employees are to get one-half hour
of extra break time with pay.
- Employees must give thirty (30) days notice of an upcoming Birthday.
NINTH: All employees shall receive two (2) fifteen (15) minute
rest periods with pay daily.
All employees shall receive five (5) minutes wash-up time before
lunch with pay daily.
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TENTH: This contract shall not take effect until it is
approved and executed by an authorized officer of the Union. No term, condition
or provision of this Agreement may be modified or changed, except in writing by
both parties.
ELEVENTH: Should the Employer fail to meet promptly the
financial obligations under the terms of this Agreement, or breach any term or
condition thereof, the Union reserves the right to demand that the Employer post
cash security or a bond in a reasonable sum, to assure the faithful performance
of this Agreement.
TWELFTH: All good conditions, customs, and privileges enjoyed
by the employees prior to the execution of this Agreement shall continue in full
force and effect without suspension or interruption as though they were actually
enumerated within.
THIRTEENTH: This Agreement and all of the conditions and terms
thereof shall be binding upon the Employer and upon each partner of the
Employer, if such Employer is a partnership, and upon each individual member of
the Employer, if the Employer is a corporation, and shall also be binding upon
and govern the working conditions and terms of employment in any new or future
acquired establishment that the Employer or any partner or member of the
Employer shall acquire, conduct or maintain during the term of this Agreement.
The Employer will not move his plant, or any part thereof, outside the city
limits, during the term of this Agreement, bit may open distribution centers
outside the city limits.
FOURTEENTH: There shall be no strike by the Union or lockout
by the Company during this Agreement or while negotiations are in process for
the renewal of this Agreement.
FIFTEENTH: All employees covered by this Agreement and
continuously employed by the Employer for three (3) months shall receive two (2)
sick days with pay. All employees covered by this Agreement and continuously
employed by the Employer for six (6) months shall receive two (2) additional
sick days with pay. All employees covered by this agreement and continuously
employed by the Employer for nine (9) months or more shall receive two (2)
additional sick days with pay. If the allotted six (6) days are not taken or any
portion thereof, it shall be paid for by the Employer at the employee's
anniversary date at the rate of time and one-half per hour. All employees
covered by the Agreement and continuously employed by the Employer for one (1)
year or more shall receive an additional four (4) days on their anniversary
date. Total of ten (10) days.
SEE ADDENDUM II
SIXTEENTH: After twelve (12) months of employment, employees
shall be entitled to three (3) days off when death occurs in their immediate
family, namely father, mother, sister, brother, spouse, children, mother-in-law,
and father-in-law. Employee shall submit proof of such death upon request.
SEVENTEENTH: The Union may elect or select shop stewards from
amongst the employees, who shall maintain top seniority, and such shop ▇▇▇▇▇▇▇
shall have the authority to report grievances and violations of the contract to
the Union. No shop ▇▇▇▇▇▇▇ shall have the right to call any strike, stoppage or
cessation of work. The duty of the Union in the event that a shop ▇▇▇▇▇▇▇ so
transcends their authority shall be limited to ordering the employees to return
to work after notice from the Employer. The shop ▇▇▇▇▇▇▇ shall have the right to
discuss grievances or perform such other duties as the Union may require during
working hours.
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EIGHTEENTH: All employees shall receive a wage increase of
fifty-two (.52) cents of their hourly rate on October 2, 1998. The minimum
starting salary for employees shall be $5.50 per hour. New employees shall
receive a wage increase of fifty cents ($0.50) per hour after thirty (30) days.
Each employee shall receive, during the first year of this Agreement, the wage
set forth below and made a part hereof. The fact that the employee's name is not
on such schedule shall not indicate that such employee is not within the
bargained unit, and the Union reserves the right to negotiate a wage schedule
for each employee in the establishment at any time.
Minimum salary for any Union employee on the payroll as of October 2, 1998 shall
be $240.00 per week.
NINETEENTH: This Agreement shall become effective from the date of
execution hereof and shall remain effective and binding upon the parties hereto,
their heirs, successors, assignees, for a period of one (1) year, and shall
automatically continue thereafter for annual periods. Should either party desire
to terminate this Agreement, notice thereof shall be given by registered mail to
the other party at least ninety (90) days prior to each expiration date.
However, either party may notify the other in writing at least thirty (30) days
prior to the renewal date to the desire to renegotiate or alter any of the
clauses of this agreement.
TWENTIETH: Temperatures- Temperature in the Meat Cutting
Department to be regulated by government standards.
TWENTY-FIRST: Should the Employer decide to change the working
hours, he shall give two (2) weeks notice to the employees affected.
Driver's starting time by seniority.
TWENTY-SECOND: It is agreed by the parties herein to the formation
of a Grievance Committee. Such Grievance Committee should be notified before any
discharge or suspension takes place.
TWENTY-THIRD: The Employer shall provide for all freezer employees
boots, jackets, and pants; thereafter the Employer shall supply every twelve
(12) months boots, and every eighteen (18) months jackets and pants for all the
employees in the Freezer Department. The Employer shall also provide boots and
rainwear for all employees in the Clean-Up Department every eighteen (18)
months. The Employer shall provide rainwear and weight belts to all drivers.
Overnight driver food allowance- $23.00 per day.
TWENTY-FOURTH: Any employee on disability or workers' compensation
shall be guaranteed their job up to twelve (12) months, providing that the
employee can satisfactorily perform their duties for the next job opening.
TWENTY-FIFTH: Any employee called into work on the sixth (6th) day
of the work week shall be guaranteed four (4) hours work.
TWENTY-SIXTH:
1. Employees retained beyond the probationary period shall be considered
permanent employees and receive seniority from the start, unless the
Employer notifies the Union that they are temporary employees.
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2. In the reduction or restoration of the working force, the rule to be
followed shall be the longevity of the employees with the Employer,
qualified only by the ability and experience of the senior employee to
perform the available work in a satisfactory manner. Seniority shall be
applied on a classification basis. Temporary layoffs and recalls shall
be within the occupation affected.
3. Seniority shall cease under the following conditions:
A. When an employee quits or resigns his position
B. When an employee is discharged for just cause
C. When an employee is laid off and fails to return to work within
three (3) days after receiving notice of recall by mail, telephone
or telegram addressed to the last known address of said employee.
D. When an employee is absent for three (3) days without excuse
acceptable to the Employer.
E. When an employee does not work for a period exceeding one (1)
year.
TWENTY-SEVENTH: Overtime shall only commence after forty (40)
hours, unless an employee has a legitimate documented excuse. Overtime will be
distributed on an equal basis, rotated fairly, and without discrimination in all
departments, except for the Leadmen.
TWENTY-EIGHTH: Merit raises will be given to all employees in
consideration for outstanding performance and achievement by that individual.
They must be recommended by the immediate supervisor, with the approval of the
Shop ▇▇▇▇▇▇▇. There shall be a review every six (6) months for merit increases.
TWENTY-NINTH: All warning letters shall be null and void after
twelve (12) months.
THIRTIETH: The company shall pay the difference between jury duty
pay and the employee's regular wage for employees serving on jury duty. A note
will be required form the courts stating how much time was served by an employee
upon his return to work.
THIRTY-FIRST: Employees shall be given five (5) minutes clean-up
time and the end of the work shift. Drivers shall be given thirty (30) minutes
each day for write-up time.
THIRTY-SECOND: Within thirty (30) days of the signing of this
agreement, the Company shall submit to the Union a review of Workers'
Compensation and Disability.
THIRTY-THIRD: It is hereby agreed between the respective parties
that commencing with the effective date of this Agreement, the Employer shall
contribute to the Unity Welfare Fund each and every month the sum of
$_____________ * for each employee who is employed within the bargaining unit,
commencing with the thirty-first day of employment of such employee and
regardless of whether such employee is a member of the Union and regardless of
the number of hours worked in the week, shall submit to the Union a list of the
employees for whom such payments are made, together with the Social Security
numbers of each employee. Vacations with pay and time off due to accident,
illness or other disability shall all be deemed time employed within the meaning
of this provision. In the event that an employee is out sick, the Employer
agrees to continue to pay the Fund for a period of three (3) months starting
with the first day of illness. The Employer, at its discretion, may request and
the employee shall be required to submit verification of illness. The payroll
records or other pertinent data upon which
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such payments are based shall be open for inspection by the Fund on demand. Such
payments shall be paid directly to the Unity Welfare Fund and held subject to
the provisions of a Trust Indenture effective 12/1/61, and any amendments,
changes or additions thereto. The union, as the representative of the employees,
and the Employers shall be equally represented in the administration of such
Fund. In the event the Employer and employee groups deadlock on the
administration of such fund, the two groups shall agree on an impartial umpire
to decide such a dispute, or in the event of their failure to agree within a
reasonable length of time an impartial umpire to decide such dispute shall, on
petition of either group, be appointed to the United States District Court for
the district where the Trust has its principal office. The Trustees shall make
provisions for an annual audit of the Trust Fund, a statement of the results of
which shall be available for inspection by interested persons at the principal
office of the Trust Fund and at such other places as may be designated by the
Trustees.
The Fund shall be used for the purpose of purchasing insurance, welfare and
similar benefits for employees employed by the Employer and employees employed
by all other employers similarly situated and their families, and the reasonable
administrative expense of the Fund, and shall be disbursed by the Trustees
pursuant to said Trust Indentures and the rules and regulations adopted
thereunder. The Employer shall have no right, title or interest in and to the
said Fund for the administration thereof. No individual employee or member of
the Union shall have any right, title or interest in or claim against said fund,
or any part thereof, or any insurance or other benefit provided thereunder
except as prescribed by the rules, regulations and provisions established or
adopted as aforesaid. The discretion of the Trustees as to the administration
and use of the Trust Fund shall be final and conclusive.
In the event that the Employer fails to promptly remit the amounts herein
above mentioned per employee per month for more than a period of one (1)
month, the Employer shall then be liable for all collection costs and legal
fees incurred by the Union or by the Trustees of the Fund for the collection
of such sums.
* SEE ADDENDUM I
THIRTY- FOURTH: Notwithstanding anything to the contrary herein
contained, in the event the Employer fails to remit the dues deducted from the
employee' s wages or the contributions to the Unity Welfare Fund, as herein
provided, the Union may deem it a breach of contract and shall have the right to
call a work stoppage without notice and the Employer shall further be liable to
all employees for the monies lost in salary and benefits, as liquidated damages,
as the result of said work stoppage. In all suits and / or proceedings for the
recovery of Employer contributions for dues, initiation fees, welfare payments,
pension payments or any other payments due, the Employer shall be liable not
only for the contribution or other payments which may be due, but also for all
expenses incurred in the collection thereof, including interest of six percent
(6%) from the date of the initial indebtedness, plus reasonable attorney's fees,
and all arbitration costs, including the full fees and charges of the
Arbitrator.
THIRTY-FIFTH: At the expiration of each contract period during the
term of this Agreement, the Union shall have the right to reopen the contract in
order to renegotiate wages and other benefits for all employees. Should the
parties fail to agree upon such reopening, then any issue in dispute shall be
submitted to arbitration in accordance with the procedure set forth in Paragraph
SIXTH above. The right to reopen shall not be waived by failure to give notice
under this clause and any agreement reached upon such reopening, no matter when
had, shall be retroactive to the anniversary date of this Agreement.
COLORADO PRIME CORPORATION LOCAL 210, WAREHOUSE &
PRODUCTION EMPLOYEES UNION
AFL-CIO, CLC
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SIGNED DATE SECRETARY-TREASURER DATE
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ADDENDUM I
UNITY WELFARE FUND CONTRIBUTION
A. EFFECTIVE 10/2/98-
A. EMPLOYEES EMPLOYED AS OF OCTOBER 2, 1992-
i. For Dependent coverage the Employer will contribute seventy-four
dollars and seven cents ($74.07) per week, and the employee will
contribute eight dollars ($8.00) per week. For a month encompassing
four (4) weeks, the total is three hundred twenty-eight dollars and
forty cents ($328.40). For a month encompassing five (5) weeks, the
total is four hundred ten dollars and fifty cents ($410.50).
ii. For single coverage, the Employer will contribute twenty-five dollars
and sixty-seven cents ($25.67) per week and the employee will
contribute six dollars ($6.00) per week. For a month encompassing four
(4) weeks, the total is one hundred twenty-six dollars and sixty-eight
cents ($126.68). For a month encompassing five (5) weeks, the total is
one hundred fifty-eight dollars and thirty-five cents ($158.35).
B. EMPLOYEES HIRED AFTER OCTOBER 2, 1992 AND BEFORE OCTOBER 2, 1995-
i. For Dependent coverage, the Employer will contribute sixty-nine
dollars and ten cents ($69.10) per week and the employee will
contribute thirteen dollars ($13.00) per week. For a month
encompassing four (4) weeks, the total is three hundred twenty-eight
dollars and forty cents ($328.40). For a month encompassing five (5)
weeks, the total is four hundred ten dollars and fifty cents
($410.50).
ii. For single coverage, the Employer will contribute twenty dollars and
sixty-seven cents ($20.67) per week and the employee will contribute
eleven dollars ($11.00) per week. For a month encompassing four (4)
weeks, the total is one hundred twenty-six dollars and sixty-eight
cents ($126.68). For a month encompassing five (5) weeks, the total is
one hundred fifty-eight dollars and thirty-five cents ($158.35).
C. EMPLOYEES HIRED AFTER OCTOBER 2, 1995-
i. For Dependent coverage, the Employer will contribute sixty-two dollars
and ten cents ($62.10) per week and the employee will contribute
twenty dollars ($20.00) per week. For a month encompassing four (4)
weeks, the total is three hundred twenty-eight dollars and forty cents
($328.40). For a month encompassing five (5) weeks, the total is four
hundred ten dollars and fifty cents ($410.50).
ii. For single coverage, the Employer will contribute fifteen dollars and
sixty-seven cents ($ 15.67) per week and the employee will contribute
sixteen dollars ($16.00) per week. For a month encompassing four (4)
weeks, the total is one hundred twenty-six dollars and sixty-eight
cents ($126.68). For a month encompassing five (5) weeks, the total is
one hundred fifty-eight dollars and thirty cents ($158.30).
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B. SECTION 125 OF EMPLOYEE CONTRIBUTIONS
Employee contributions towards the cost of insurance benefits
shall be deducted from Pre-Tax earnings in accordance with Section 125 of the
Internal Revenue Code.
C. WAIVER OF COVERAGE
Employees may waive coverage. To be effective, waivers must be in
writing and must be given voluntarily. No contributions shall be made on
behalf of employees who waive coverage. After waiving coverage, employees
may resume participation in the health insurance program only upon
presentation of evidence of good health.
D. CHANGE OF STATUS
An employee who desires to change his status from single to
dependent coverage must request the same in writing. Any such request will
become effective six (6) months after the Employer receives it. The Employer
shall have the right to require proof of marital status before allowing a change
to dependent coverage.
E. COVERAGE DURING ABSENCE FROM WORK
Employee eligibility shall continue and the Employer shall
continue to make contributions on behalf of employees during periods of paid
leave pursuant to this Agreement, provided that the employee continues to make
all required contributions during such periods of paid leave. Employee
eligibility shall continue and the Employer shall continue to make contributions
on behalf of employees during periods of unpaid leave due to accident, illness
or disability for a period of up to three (3) months starting with the first day
of absence due to accident, illness or other disability, provided that the
employee continues to make all required contributions during such periods of
unpaid leave, and provided further that the Employer shall have the right to
require any employee to submit verification of accident, illness or other
disability as a condition for continued eligibility hereunder.
COLORADO PRIME CORPORATION WAREHOUSE & PRODUCTION
EMPLOYEES UNION- LOCAL 210
AFL-CIO, CLC
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SIGNED DATE SECRETARY-TREASURER DATE
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ADDENDUM II
VACATION OPTION
Employees with greater than one (1) but less than three (3) years of employment
will have the option of having two (2) weeks vacation and eight (8) sick days,
annually, or one (1) week's vacation and ten (10) sick days annually.
COLORADO PRIME CORPORATION WAREHOUSE & PRODUCTION
EMPLOYEES UNION- LOCAL 210
AFL-CIO, CLC
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SIGNED DATE SECRETARY-TREASURER DATE
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CHANGES TO UNION CONTRACT FOR TRAILER DRIVERS
1. $.01 PER MILE INCREASE EACH YEAR OF THE CONTRACT
2. $1.00 PER STOP INCREASE
3. ALLOW TRAILER DRIVERS TO JOIN THE 401K PLAN
4. BASE VACATION ON LAST YEARS ANNUAL SALARY DIVIDED BY 52 WEEKS
5. SCHEDULE OVER THE ROAD RUNS 1 MONTH IN ADVANCE
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AMENDMENT
UNION TRAILER DRIVERS
I. ALL LOADS WILL BE ASSIGNED BY MANAGEMENT
a) Will assign work by seniority
b) Drivers will call in between 12:00 noon and 5:00 PM on Friday for
assignments
c) Loads will be paid by set amount per load, set by management
d) Loads cut - Bottom man will be laid off that day
e) To refuse any load is to refuse work, which will result in immediate
termination.
II. HOLIDAYS
a) Drivers at times will have to work holidays. Drivers will be paid
$225.00 for Holiday, plus the pay he is making for that load.
III. SICK DAY FOR OVER THE ROAD DRIVERS
a) If driver calls in sick he will be paid for one day's rate
b) Rate will be mileage pay divided by number of normal days.
c) Any other sick pay will be at manager's discretion.
IV. STOPS FOR ADDITIONAL DEPOSITS OR PICK UPS
a) Paid at $27.00 per stop
b) After 1 -1/2 hours, driver will be paid delay time (see Section VI
Delay Time)
V. BACK UP DRIVERS FOR OVER THE ROAD LOADS
a) Drivers will be assigned as back ups. Refusal to back up is a
refusal to work and will result in immediate termination.
b) Will be paid by the load, plus $100.00 bonus for taking out the
load.
VI. DELAY TIME
a) $16.00 an hour
b) Delay time will be given for excess time on loads, at management's
discretion.
c) Delay time will be given to make pick ups of equipment at managers
discretion.
VII. STARTING TIMES
a) Will be assigned by manager
b) Failure to be on time will result in:
1. Written notice
2. Suspension, at managers discretion
3. Termination
COLORADO PRIME CORPORATION LOCAL 210-WAREHOUSE &
PRODUCTION EMPLOYEES UNION
AFL-CIO, CLC
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SIGNED DATE SECRETARY-TREASURER DATE
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