COLLECTIVE BARGAINING AGREEMENT
BETWEEN
XXXXXX VINEYARDS AND MANAGEMENT CO.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO
January 1, 1996 - December 31, 1997
PREAMBLE
This Collective Bargaining Agreement (hereinafter called the "Agreement")
is between XXXXXX VINEYARDS AND MANAGEMENT CO. (hereinafter called the
"Company"), and THE UNITED FARM WORKERS OF AMERICA, AFL-CIO (hereinafter called
the "Union"), and said Collective Bargaining Agreement shall operate for the
purpose of establishing uniform wages, hours, and working conditions as
hereinafter defined.
The parties agree as follows:
ARTICLE 1
RECOGNITION
A. The Company recognizes the rights and obligations of the Union as the
sole and exclusive bargaining agent to negotiate wages, hours and conditions of
employment, and to administer this Agreement on behalf of covered workers. The
term "worker" shall mean persons performing agricultural labor in the vineyards
or in support of such labor, but not include family members of management,
interns, security guards, management trainees, clerical, sales or supervisory
workers who have the authority to hire, transfer, suspend, layoff, recall,
promote, discharge, assign, reward or discipline other workers or the
responsibility to independently direct them without discretion or adjust their
grievances or effectively recommend such action, if, in connection with the
foregoing, the exercise of such authority is not of a merely routine manner or
clerical in nature, but requires the use of independent
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judgment.
B. Both the Company and the Union will make known to the workers the
obligations of the parties set forth in this Agreement, and in addition, the
Company shall so inform its supervisors.
C. Neither the Company nor any of its representatives will take any
action to disparage, denigrate or subvert the Union. Neither the Union nor any
of its representatives will take any action to disparage, denigrate or subvert
the Company.
D. The Union and the Company agree with the objective of a fair day's
work for a fair day's pay. The Union and the Company further agree with the
objective of a safe, productive and incentive based work environment. In
accordance with these objectives, the workers recognize their obligations in
carrying out their job responsibilities and assignments.
E. The United Farm Workers Union was certified to represent all
agricultural workers of the Company in the State of California by the
Agricultural Labor Relations Board on April 30, 1992 in Case Number 92-RC-1-XXX.
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ARTICLE 2
UNION SECURITY
A. Union membership shall be a condition of employment. Each worker
shall be required to become a member of the Union immediately following ten (10)
continual days of work after the beginning of employment or ten (10) days from
the effective date of this Agreement, whichever is later and to remain a member
of the Union. The Company will advise new workers that it is a condition of
their employment that they must become a member of the Union immediately
following ten (10) continual days of work after the beginning of their
employment. The Union agrees to admit new workers into the Union.
B. Any worker who fails to become a Union member within the time limit
set forth herein or who fails to pay the required initiation fee and periodic
dues shall be immediately discharged or suspended within five (5) work days
after written notice from the Union to the Company.
C. The Union will be responsible for obtaining the membership
applications and dues check-off authorization forms not later than thirty (30)
continual days of work following the beginning of a new worker's employment.
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D. The Union will notify the Company in writing of the amounts of
deduction within thirty (30) days of the execution of this Agreement and thirty
(30) days before the effective date of any changes.
E. The Company agrees to deduct from each worker's pay, the Union's
normal initiation fee and all periodic dues as required by the Union. The
Company shall make such deductions upon presentation by the Union of individual
authorizations, signed by the worker, directing the Company to make such
deductions. The Company shall make such deductions from the worker's pay for
that payroll period in which it is submitted, provided that it is submitted
seven (7) days in advance of the close of the pay period and periodically
thereafter, as specified on the authorization so long as such authorization is
in effect. The Union shall provide the forms for all dues and initiation fees.
F. Withheld deductions are to be sent to the Union within three (3) days
after the payroll checks are distributed to the workers. Dues reports shall be
provided by the Company to the Union in accordance with procedures to be agreed
upon by the parties.
G. The Union shall indemnify and hold the Company harmless from and
against any and all claims, demands, suits or other forms of liability that may
arise out of or by reason of action taken by the Company for the purpose of
compliance with any of the provisions of this Article.
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H. In the event that the Company files in bankruptcy proceedings it shall
promptly notify the Union. If such proceedings occur, any Union dues withheld
from employees' pay checks shall be forwarded to the Union as provided in
Paragraph F.
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ARTICLE 3
HIRING
A. The Company shall operate, maintain and staff two or more facilities
for the purpose of hiring new or additional workers. The Company will inform
the Union of any change in the locations of the hiring facilities. Company
headquarters at Xxxxxx Avenue and Highway 101 will be a facility and the Sage
Ranch headquarters on Airline Highway in Paicines will be a facility.
B. Whenever, at the beginning of any operating season, in any area of
operation of the Company, the Company anticipates the need for new or additional
workers to perform any work covered by this Agreement, the Company may, at least
seventy-two (72) hours prior to the date of anticipated need for such workers,
notify the Union, in writing, stating the number of workers needed, the type of
work to be performed, the date the workers are needed, and estimated duration
thereof. The Company shall notify the Union promptly of any changes in
estimated starting date.
C. Hiring shall not be done in an unlawfully discriminatory manner, but
the Company may hire on the basis of past experience, competence, productivity,
positive verification of previous employment and other legitimate factors. The
Company will determine job qualifications.
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D. When the Company hires workers, it will make available to the Union in
writing within fourteen (14) days thereafter, the names, social security
numbers, hire dates, job classifications, and addresses of all workers hired.
E. The parties understand and accept that the Company has two separate
geographical areas of operations, one based in South Monterey County ("the South
Monterey County Operation") and the other based in the Paicines area of San
Xxxxxx County ("the Paicines Operation"). Workers hired for employment in
either of these two areas of operations shall work solely in that respective
area, rather than be transferred back and forth between the two areas, except in
emergencies as determined by the Company and during the early stages of the
harvest when the Company may assign equipment operators to work in both areas in
order to prepare for operations.
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ARTICLE 4
SENIORITY
A. Seniority is defined as total length of service with the Company from
date of hire in the geographical area of operation where the worker is hired
(either the South Monterey County Operation or the Paicines Operation), unless
there is a break in service. Classification seniority is defined as a worker's
total length of service within a job classification, which has been designated
as a separate classification for purposes of acquiring and losing seniority
beginning with his/her date of entry or reentry into the classification. The
foregoing is subject to the geographical area of operation where the worker is
hired. More specifically, classification seniority is defined as a worker's
total length of service within a job classification in either the South Monterey
County Operation or the Paicines Operation. A break in service terminates
seniority. Layoffs are not considered a break in service. All workers on the
payroll on the effective date of this Agreement shall have seniority dates based
on their original dates of hire unless seniority has been broken in accordance
with Article 4, Paragraph B of this Agreement. If seniority is or has been
broken, then the worker's new seniority shall be based on the worker's most
recent date of hire. After a worker has worked for the Company at least
twenty-five (25) work days within the preceding 120 days, he/she shall acquire
seniority. The days prior to acquiring seniority shall constitute a
probationary period, during which period a worker may be terminated; such
termination will not be subject to the grievance and arbitration provision. The
worker shall be entitled to all benefits of the Agreement during the
probationary period, except as modified in this Agreement.
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B. Seniority shall be lost for the following reasons:
1. Voluntary quitting;
2. Discharge for just cause;
3. When recalled following a layoff, failure to report back to work
within four (4) calendar days after telephone notice to the worker or, if
telephone contact is not made within five (5) calendar days from the mailing of
a notice to the worker, unless reasons satisfactory to the Company are given.
Employment elsewhere is not a satisfactory reason.
4. Failure to report to work at the termination of a leave of
absence or vacation without an approved extension or other reasons satisfactory
to the Company. Securing other employment during a leave of absence is not a
satisfactory reason.
5. When a worker leaves the bargaining unit to accept a permanent
supervisory position or other nonbargaining unit position with the Company.
The Company will provide to the Union and the Workers Board on a quarterly
basis, a list of workers by name, social security, seniority date, and job
classification, whose seniority was broken during the prior quarter, pursuant to
this Article.
C. Within ten (10) days of the signing of this Agreement, and thereafter
on April 15, August 15 and November 15, the Company shall provide the Union with
up-to-date seniority lists, one for the South Monterey County Operation and the
other for the Paicines Operation, showing the name of each worker, his/her
seniority date, social security number, and job classification. Where more than
one worker has the same original date of hire, the
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worker with the highest last four digits in his/her social security number shall
have the higher seniority. The Company shall also post the same seniority lists
in a conspicuous place for examination by the workers and the Union. The Union
may review the accuracy of the seniority lists and present to the Company any
error it may find on such lists.
D. If a question arises concerning the accuracy of the seniority lists,
the Union and the Company have up to two (2) weeks after the posting is complete
to resolve the dispute, provided, however, that a worker not on the Company's
payroll during such two (2) week period shall have up to five (5) work days
within which to file a written grievance on the accuracy of the seniority lists
after he/she returns to the Company's payroll, or if a worker is not recalled,
such worker shall have the right to file a grievance on the accuracy of the
lists within three (3) days of the discovery thereof.
E. It is understood that the Company and the Union may agree, in writing,
to make deviations from these seniority provisions regarding the application of
seniority.
F. There shall be two separate seniority lists, one maintained for the
South Monterey County Operation and the other maintained for the Paicines
Operation. Each seniority list shall be organized by classification.
ARTICLE 5
LAYOFF AND RECALL
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A. Whenever there is a layoff in any job classification, the Company
shall retain the most effective workers based on their qualifications which
include skills, efforts, productivity, experience, work history and seniority.
Company approved leaves and excused absences will not adversely affect a
worker's work history. The Company shall layoff first those workers who are
least effective in accordance with the above qualifications. In case of a
dispute, the Company has the burden of proving that the workers retained are
more able to do an effective job. If workers are equal in this respect, the
layoff shall be by seniority order within the classification in the geographical
area of operation where the worker is working, with the worker with the lowest
seniority laid off first. More specifically, classification seniority shall be
followed on a geographical basis, with no bumping of workers between the South
Monterey County Operation and the Paicines Operation. In making determinations
for the purposes of this Article, there shall be no favoritism or unlawful
discrimination by the Company.
B. The Company will notify the Union twenty-four (24) hours in advance of
any layoff, or as soon as possible prior to any layoff.
C. The Company, when anticipating the recall of seniority workers, shall
telephone the workers not less than seventy-two (72) hours prior to the
estimated starting day of work. If contact with the worker is not made by
telephone, a written notice shall be mailed by First Class mail to the worker at
his/her last known address. The names and addresses of those
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workers who are not contacted by telephone will be provided to the Union, upon
the Union's written request. The most effective workers according to the
qualifications listed in Paragraph A shall be recalled first. Only those
workers who have acquired classification seniority in a particular seasonal
operation (i.e., pruning/tying season; suckering/training season; and harvest
season) are entitled to be recalled for the same seasonal operation. If a
worker does not work during the same seasonal operation in the following year
after being recalled, he/she shall lose his/her seniority except where a Company
approved leave of absence has been in effect. The Company shall request and the
worker shall supply at the time of layoff, if a change of address has occurred,
the exact address where he/she wishes to receive a written notice of recall,
and, thereafter, the worker shall be responsible for notifying the Company in
writing of any such change of address.
1. The Company shall send a postcard or letter to the address
supplied by each worker on layoff within the classification, advising him/her of
the estimated date on which his/her classification will begin work. The
postcard or letter shall advise the worker that the exact date on which work
will begin can be obtained by phoning the Company office at (000) 000-0000. The
postcard or letter shall further advise the worker that if he/she is unable to
report to work on the date specified, he/she shall inform the Company at 1972
Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxx 00000, in writing and that his/her failure to
report may result in his/her loss of seniority and termination.
2. Upon the Union's written request, the Company shall make
available to
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the Union the names of all workers to whom recall notices were sent.
3. The Company shall notify the Union of the exact starting date
forty-eight (48) hours in advance, or in the case of the harvest, as soon as
possible, but no less than twenty-four (24) hours, of the exact date on which
work is scheduled to begin.
4. The Company shall make available to the Union, at the Union's
request, any notices of recall that have been returned with Post Office notice
of nondelivery.
5. During the operating season, when a layoff occurs within a
classification of work that is fifteen (15) days or less, and the worker has
been given a specific report-back date, no written notice of recall shall be
required.
D. Whenever there is a recall and fewer than the expected number of
employees return to work, the Company may call additional workers twenty-four
(24) hours prior to the estimated starting day of work.
E. In cases of crews performing general labor, layoffs may be by entire
crew without regard to individual seniority. Such provision will not be used
for more than four (4) work days.
F. In cases where general labor crews will be transferred from one job to
another,
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such transfers may be made by entire crew without regard to individual
seniority. Such provision will not be used for more than five (5) work days.
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ARTICLE 6
PROMOTION, DEMOTION AND TRANSFER
A. When the Company decides to permanently fill a job vacancy, or when it
creates a new job, the job will be posted. Each unit job opening description
posted shall include the job classification title, pay range, working title,
and, if available, a brief job description, anticipated shifts, required
licenses and other pertinent data.
B. Such posting shall remain on the bulletin board for three (3)
consecutive work days. All applications must be received within the posting
period in order to be eligible. The posting period shall be extended for
another three (3) consecutive workdays if the Company receives no qualified
applications during the initial posting.
C. Workers shall not be limited on their rights to bid for posted job
vacancies in a job class higher than their own. A worker who will be absent
during the bidding period may submit a bid in writing prior to departing.
D. The filling of vacancies, new jobs, and promotions within the
bargaining unit and transfer to lower paying jobs shall be on the basis of the
worker's qualifications as listed in Paragraph A of Article 5. In making
determinations for the purposes of this article, there will be no favoritism or
unlawful discrimination by the Company.
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E. A bargaining unit worker has the right to refuse a promotion to a
supervisor or management position.
F. The Company shall have the right to fill temporary vacancies, such as
during the posting period or those created by a worker's short-term illness,
injury or other temporary absence not exceeding ten (10) days, without regard to
the posting procedures.
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ARTICLE 7
TRAINING AND APPRENTICESHIP
A. The Company and the Union will negotiate an apprentice program if they
mutually decide to do so.
B. The Company agrees to provide on-the-job training for workers in the
bargaining unit to fill expected vacancies to the extent that the Company
decides necessary.
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ARTICLE 8
GRIEVANCE AND ARBITRATION
A. The parties agree that all disputes which arise during the duration of
this contract concerning the application and interpretation of any specific and
express provision of this Agreement shall be subject to the grievance and
arbitration procedure. The parties further agree that the grievance and
arbitration procedure of this Agreement shall be the exclusive remedy with
respect to any disputes arising under this Agreement and no other remedies shall
be utilized by any person with respect to any dispute involving this Agreement.
B. Grievances shall be resolved in the following manner:
STEP ONE: Any grievance arising under this Agreement shall be immediately
taken up between the Company supervisor involved and the Union xxxxxxx. They
shall use their best efforts to resolve the grievance. In the event the
grievance is not immediately satisfactorily resolved the grieving party shall
reduce the grievance to writing and set forth the nature of the grievance. A
grievance regarding discharge must be in writing and sent to the Company by
certified mail, fax (followed by certified mail hard copy sent same day), or
hand delivery within five (5) days (excluding Sundays and holidays) of the
occurrence of the grievance. All other grievances must be in writing and sent
to the Company by certified mail within ten (10) calendar days of the occurrence
of the grievances or within ten (10) days of discovery thereof by the aggrieved
party.
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The failure of the grieving party to file a grievance within the time
limits specified in this paragraph shall waive the grievance.
All written grievances shall include the following information:
1. Section or sections of contract alleged to have been violated.
2. Action or actions claimed to have violated contract.
3. Remedies sought.
4. Persons in the grievance.
STEP TWO: Any grievance not resolved in the First Step shall be discussed
in a meeting between the Union Representative and the Company representative
delegated to resolve such matters not later than ten (10) calendar days of the
filing of the grievance. If the grievance is not satisfactorily resolved in
such meeting, the party receiving the grievance shall give a written response to
the other regarding its position including reasons for denial within seven (7)
work days from the close of the Step Two meeting. If the party receiving the
grievance fails to respond within said seven (7) work days such party shall be
considered to have withdrawn its objection to the grievance and the grievance
shall be granted in the grieving party's favor. A Union representative may
fully participate in the grievance meeting.
STEP 3: If the grieving party is not satisfied with the written response,
it may request in writing that the matter be referred to arbitration. This
request shall be made not more than
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thirty (30) calendar days from the receipt of such written response. The
request for arbitration must be sent to the Company by certified mail, fax
(followed by certified mail hard copy sent same day), or hand delivery. If the
parties are unable to agree upon an arbitrator within fifteen (15) days of the
request for arbitration, they shall select an arbitrator for each case from a
list of nine (9) persons submitted to the parties by the California State
Mediation and Conciliation Service (CSMCS). Each party shall alternatively
strike one (1) name from said list (the first strike being determined by a coin
toss) and the last name remaining shall be the arbitrator. If said individual
is unable or unwilling to serve, the parties shall request a new list of nine
(9) names from the CSMCS and the process shall be repeated. Either party has
the right to reject the first list sent by the CSMCS.
C. The arbitrator shall consider and decide the grievance referred to
him/her, and his/her decision shall be final and binding on the Company, the
Union, and the workers. The arbitrator's decision shall be in writing, signed
and delivered to the respective parties. The arbitrator shall have no authority
to modify, amend, change, alter, or waive any provision of the Agreement.
Within this limitation, he/she shall have the authority in a discipline case to
award back pay for any loss of earnings from the Company and the right to revoke
the discipline, if it is found that the discipline was
rendered without just cause. The arbitrator shall have no authority to impose
compensatory damages, punitive damages, or attorney's fees.
D. Unless otherwise mutually agreed to, all testimony taken at
arbitration hearings
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shall be under oath, reported and transcribed. The arbitrator's fee and
expenses shall be paid by the losing party. The expense and fees of the
reporter and the cost, if any, of a hearing room shall be borne equally by the
Company and the Union. All other expenses incident to the arbitration shall be
borne by the party incurring them. The arbitrator shall allow briefs if either
party so requests.
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ARTICLE 9
STRIKES AND LOCKOUTS
A. There shall be no strikes, slowdowns or interruptions of work by any
of the workers or the Union during the term of the Agreement. There shall be no
picketing, boycotts, or other adverse economic action of any kind against the
Company or its products, and there shall be no lockout against the workers
during the term of this Agreement.
B. If any said events occur, the officers and representatives of the
Union and/or Company, as the case may be, shall do everything within their power
to end or avert such activity.
C. Workers engaging in any strikes, slowdowns, boycotts or other
curtailment of production in violation of this Agreement may be subject to
discipline, including discharge. In the event of an arbitration over
disciplinary action taken by the Company against a worker for violation of this
Article, the arbitrator's authority shall be limited to determining whether the
worker in fact violated any provision of the Article. If it is found that
he/she did, the discipline shall stand.
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ARTICLE 10
DISCIPLINE AND DISCHARGE
A. The Company shall have the right to discipline and discharge workers
for just cause. The parties agree that working under the influence of alcohol
or illegal drugs, having the same in their possession on Company time or
property, negotiating a transaction pertaining to illegal drugs constitute just
cause and if any of the foregoing is established, the Company has the right to
terminate. Additional basis for termination may be reviewed in individual
discipline cases which proceed to arbitration.
The Company shall have the right to require a worker to submit to a drug
and/or alcohol test if reasonable suspicion exists that the worker has consumed
or has in his/her possession alcohol or drugs or is under the influence of
either. If the worker refuses to submit to the test, such refusal shall
constitute insubordination and be grounds for termination. If the worker admits
to the consumption or the possession of drugs or alcohol or being under the
influence of either, or the Company believes it has sufficient evidence of the
foregoing, the Company shall not be required to have the worker tested. The
first twenty-five (25) work days of employment (within a 120 day period) for a
new non-seniority employee shall be considered as a probationary period. The
Company may discharge such new employee during this twenty-five (25) work day
period without being subject to the grievance procedures or Union intervention.
Unless immediate action is necessary, the Company shall, upon the worker's
request, notify the Union prior to any investigatory interview of a worker which
might reasonably result in disciplinary action, and upon request of the worker,
the Union shall
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have the right to be present during these interviews. Provided, however, if a
situation occurs in a remote area, wherein the Company deems it necessary to
take action and no xxxxxxx or Union representative is available, the Company may
take action.
B. No worker shall be summarily discharged. In all cases in which the
Company concludes that a worker's conduct may justify discharge, he/she shall be
suspended initially for not more than five (5) working days. Upon the worker's
request, during this suspension, the Company will meet with the worker.
Furthermore, if the worker requests the presence of a Union representative
during the review of the facts of the case, such shall be permissible. This
suspension period may be extended for three (3) days at the request of either
party to assure a complete investigation of the facts which initiated the
suspension. At the end of the suspension period, the Company shall notify the
worker and the Union of its final action.
C. The Union and the worker(s) involved shall be furnished with any
discharge or suspension notices within forty-eight (48) hours, exclusive of
Saturday, Sunday, or holidays, after the suspension or discharge occurs.
D. The worker may acknowledge, by signature, if he so desires, in
receiving a written warning, and such acknowledgement is in no way an admission
of guilt.
E. Within three (3) days of signing the Agreement, the Union will initial
a set of the Company's Rules of Conduct, indicating on its own behalf and on
behalf of its members
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who are employed by the Company the receipt and knowledge of the Rules, and it
further acknowledges and accepts that the Company takes the position that
violation of any of the Rules of Conduct constitutes just cause for the
discipline imposed for the violation. The Company acknowledges and accepts that
the Union may take the position during a grievance proceeding or in arbitration
that the discipline imposed for violation of the Rules of Conduct does not
constitute just cause for the discipline imposed. It shall then be for the
arbitrator to decide whether just cause has been established, subject to the
limitation set forth in Paragraph A of this Article.
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ARTICLE 11
LEAVES OF ABSENCE
A. A worker shall be granted a leave of absence without pay upon request
for valid personal reasons, as determined by the Company. Applications for
leaves of absence without pay and any extension thereof, shall be made to the
Company at least two (2) days, excluding weekends and holidays, in advance of
the effective date of the leave of absence, except for emergency requests.
Applications for leaves of absence which will be longer than two (2) continual
days shall be submitted to the Company at least two (2) weeks in advance of the
effective date of the leave of absence, except for emergency requests. Such
leaves shall not constitute a breach of the worker's seniority. Leaves of
absence are not valid unless they are approved by the Company in writing before
the effective date of the leave of absence.
B. A copy of each approved leave of absence request will be submitted to
the Secretary of the Worker's Board.
C. Unless excused, a worker who does not return to work on the day
following the expiration of his/her leave of absence will be considered as
having resigned voluntarily and will forfeit all his/her seniority rights.
D. Workers on leaves of absence who desire to return to work before their
leave expires, shall notify the Company three (3) days prior to their intended
date of return to work.
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The Company is not required to return the worker to his/her job prior to the
expiration of the earlier agreed upon expiration date.
E. (1) At the written request of the Union, a leave of absence shall be
granted to no more than two (2) workers selected by the Union who are required
to perform functions on behalf of the Union, necessitating a leave of absence.
The leave of absence may be granted for a period of one (1) month, renewable for
one additional month upon proper application.
(2) A leave of absence without pay shall be granted for temporary
leave not to exceed three (3) consecutive work days at one time, to conduct
Union business, provided that notice is given by the Union to the Company at
least two (2) days prior to the day on which such leave commences.
F. A disability leave shall be for the purpose of recuperating from an
illness, injury, disability or pregnancy leave. The following shall apply to
disability leaves of absence:
1. The worker must provide written verification from a medical
doctor that he/she cannot work due to the disability. The Company may waive
this requirement if the disability does not exceed three (3) days.
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2. A worker shall be granted a leave of absence for a period of up
to 4 months while disabled due to non job-related illness. This provision shall
also apply to female employees who are disabled due to pregnancy including
prenatal and postnatal disability.
3. A leave of absence for a job-related disability will be
authorized for the duration of the disability or until the worker indicates a
desire to be terminated, accepts employment with another company or refuses to
return to work after having been released for full or partial work.
4. Workers on an approved disability leave of absence or work
related injury in excess of ten (10) days must update the Company at the end of
the first calendar month and each month thereafter concerning their health
status, anticipated date of return to work and continued intent to return to
work. If a worker does not comply with this reporting requirement, the Company
may terminate the worker.
5. All jobs in the Company require varying amounts of physical
labor. The Company will attempt to adjust a disabled worker's work assignment
to accommodate the disability. New assignments will depend on the availability
of vacancies in suitable positions and upon the approval of the worker's medical
doctor. If a suitable position is not available, the worker may not return to
work until a written release is approved by the worker's medical doctor.
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6. The Company requires all workers who plan to take a leave on account
of disability (e.g., due to corrective surgery or pregnancy) to give the Company
at least two (2) months notice of the approximate date the leave will commence
and the estimated duration of the leave.
7. A leave of absence without pay shall be granted to workers by the
Company upon workers applying to and being confirmed by the Company for jury
duty or witness duty when subpoenaed.
8. The Company agrees to be bound contractually to any applicable Family
and Medical Leave Act (FMLA) laws. If the same are not applicable as a matter
of law, this paragraph is of no effect. Nothing in this Agreement is intended
to abrogate rights under the FMLA laws.
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ARTICLE 12
WORKING CONDITIONS AND SAFETY
A. The Company will comply with all applicable laws relating to the
health and safety of farm workers.
B. In the interest of each workers personal safety, the Company will
publish safety rules covering the overall operations.
The use of such chemicals injurious to farm workers must be such so as not
to cause injury to workers. Therefore, the Company shall maintain in its area
office(s) and shall make available to its workers, the following information, in
English and Spanish and shall make such information available to the Union. The
Company shall have seventy- two (72) hours to make such information available to
the requesting party following written request.
1. Location of fields treated with an agricultural chemical.
2. Name of material used by brand name, formulation, chemical name,
and registration number.
3. Date and time material was applied.
4. Amount of material applied.
5. Method of application.
6. Applicator's name and address, if any.
7. Re-entry date in accordance with the chemical label requirements.
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When an agricultural chemical is to be applied, the Company shall advise
all workers in the immediate area prior to the application. Re-entry into
treated fields shall be in accordance with label requirements. Workers shall
not re-enter a field during the prohibited period, nor shall the worker refuse
to re-enter thereafter. Nothing in this paragraph shall infringe upon the right
of a worker under the paragraph below.
Equipment and chemicals for fumigation and spraying shall be stopped
outside the area where employees are working, or where workers take rests or
lunch. Fumigation and spraying shall not be performed in close proximity to the
area in which workers are present.
C. Protective equipment and other devices necessary to properly protect
workers from injury and sickness shall be provided by the Company according to
state and federal laws. Such protective equipment shall be provided by the
Company without cost, except that the Company may assess a reasonable charge to
cover loss or willful destruction thereof by the worker. When the Company
introduces new personal protective apparel or extends the use of protective
apparel to new areas or issues, or new rules relating to the use of protective
apparel, the Union will be advised of such changes, in advance.
Workers shall be responsible for returning all equipment that was
checked out to them, but shall not be responsible for normal wear and tear.
Workers shall be charged actual cost for excessive breakage beyond normal wear
and tear and for equipment that is not returned. Receipts for returned
equipment shall be given to the worker by the Company. The Company and the
Union have agreed that the following tools, equipment and protective garments
are to be provided: irrigation boots for irrigators and those temporarily
assigned to
32
irrigation work; pruning shears; budding knives; coveralls for tractor drivers;
breathing and protective eye wear for tractor drivers when spraying or dusting;
protective rubberized coveralls, gloves, masks and goggles for employees engaged
in hand spraying; hard hats for driving stakes hydraulically; gloves for
handling stakes and wires in the installation and repair and maintenance of
trellises, stakes, wire and posts. Supervisors will have mill bastard files
available for use by the crew leader or the worker as appropriate for sharpening
shears when needed; no Company shears will be sharpened except with Company
files.
D. All Company vehicles and equipment used by and around workers shall be
maintained and operated in safe conditions at all times.
E. A worker may refuse to perform work the worker legitimately believes
to be unsafe or hazardous to his/her health.
F. In cases involving occupation injuries, illnesses, or disease, the
Company will provide to the Union, upon receipt of a written request, a copy of
Occupational Safety and Health Administration form OSHA no. 101 entitled
"Supplementary Record of Occupational Injuries and Illnesses," provided the ill
or injured worker involved approves in writing the release of such information.
In the event a worker dies, written approval from the worker's legal heirs is
acceptable.
G. The Company shall make the necessary provisions for the safety and
health of
33
its workers and will maintain adequate medical and first aid services to care
for accidents and minor illnesses occurring while at work.
H. Any worker who becomes sick or injured during working hours will be
provided with transportation to the nearest Company approved doctor provided
that if an injury is of a minor nature and does not impair an employees ability
to transport himself/herself, such shall be permissible.
I. In accordance with law, there shall be adequate toilet facilities,
separate for men and women in the field readily accessible to workers, that will
be maintained in a clean and sanitary manner. Doors on portable toilets shall
have latches. Hand washing facilities, soap and paper towels shall be provided.
J. Each place where there is work being performed shall be provided with
suitable, cool, potable drinking water convenient to workers. Water shall be
provided in cool cans or equivalent containers. Individual paper drinking cups
shall be provided.
K. Workers will comply with all safety procedures prescribed by the
Company. Failure to adhere strictly to these safety procedures will subject a
worker to disciplinary actions which may include termination.
ARTICLE 13
MANAGEMENT AND UNION RIGHTS
34
A. The Company retains any and all rights and prerogatives of management
it had prior to the execution of this contract except as specifically and
expressly limited or modified by the provisions of this contract.
B. The Company may adopt or alter any rules which are not in direct
conflict with the provisions of this Agreement. The Company will provide to the
nearest Union field office a copy of any new or revised Company rules and the
Union will acknowledge receipt of the same, thereby indicating its knowledge of
the rules.
C. Supervisors, interns and other workers not included in the bargaining
unit shall not perform any work covered by this Agreement except for
instruction, training, emergencies, temporary work and/or work they have
performed in the past. There shall be no more than three (3) interns working
at any one time in each geographical area of operation as defined in Paragraph A
of Article 4. This paragraph shall not be used for the purpose of avoiding the
recall of laid off workers.
D. Crew Leaders are "workers" as defined in Paragraph A of Article 1 and
are members of the bargaining unit. Crew Leaders are responsible for carrying
out the instructions of Vineyard Supervisors and management and relaying such
instructions to their crews. As defined in Paragraph A of Article 1, Crew
Leaders do not discipline or recommend discipline for other workers; however,
they are responsible for observing, reporting and quality control. The parties
understand and accept that workers on occasion may serve as
35
Crew Leaders for a period of time and thereafter not serve as Crew Leaders.
In accordance with past practice, such is permissible.
E. In the event the Company decides to increase its mechanization in any
way that will result in the permanent displacement of bargaining unit workers,
the Company shall notify the Union in writing one (1) month before commencing
such mechanical operations and shall meet with the Union to discuss the training
of displaced workers to operate and maintain the new mechanical equipment, the
placing of displaced workers in other jobs with the Company, the training of
workers for other jobs with the Company, or the placing of such workers on a
preferential rehire list. Experimentation with new equipment is not subject to
the next paragraph. The Company may experiment with new equipment applications
without following the procedure in paragraph E.
F. New job classifications or material changes in the operation of
existing job classifications shall be established and made effective by the
Company in accordance with the following procedure.
1. The Company shall notify the Union in writing of new job
classifications or of material changes in existing job classifications. Such
notices shall be given at least ten (10) days in advance of the date on which
the new classification or the change in an existing job classification is to
become effective.
2. The Company and the Union shall meet within five (5) days after
notice is received to negotiate the wage rate.
36
3. If the Union and the Company cannot reach an agreement on the job
classification and wage rates, the matter may be submitted to arbitration as
provided for in Article 8 of this Agreement, which shall decide the dispute.
The scope of such arbitration shall be the job wage rate.
4. Any wage rate increase shall be retroactive to the effective date
of the new classification or of the change in the existing job classification.
G. The parties understand and agree that the hazards of agriculture are
such that subcontracting may be necessary and proper. Subcontracting may be
necessary in areas such as land leveling, custom land work, agricultural
chemicals, irrigation system installation, grafting and any emergency situation
and/or where specialized equipment is required.
HARVEST: The Company has historically used contract labor during
harvest under certain conditions. The Company may continue with this past
practice limited, however, to ten (10) workdays in each geographical area if any
of the following conditions exist:
1. Weather conditions that cause grapes to rot or overripen.
2. Labor, transportation or equipment shortages.
3. Customer demands for grape deliveries which exceed tonnages that
can be harvested by the current labor force.
4. Other unforeseen acts of God.
37
Notwithstanding the above, if there exists adverse weather conditions
or some other act of God for a sustained period, lasting more than ten (10)
workdays, the Company may utilize a labor contractor for such longer period only
so long as the adverse condition exists.
The parties agree that in the application of this article the
following guidelines may be used:
1. Subcontracting is permissible under this Agreement where workers
in the bargaining unit covered by this Agreement do not have the skills to
operate and maintain the equipment or perform the work of a specialized nature.
2. Subcontracting is permissible under this Agreement where the
Company does not have the equipment to do the work being subcontracted. When
the Company does subcontract pursuant to the terms of this provision, any
workers of the subcontractor who actually operate or maintain the equipment
shall not be covered by terms of this Agreement.
H. Time off during regular working hours without pay will be provided to
no more than five (5) members of the Worker's Board to attend collective
bargaining sessions scheduled by the Company during working hours. The Union
may post notices on the Company's bulletin board provided these notices do not
exceed an area of 12" x 12" and do not remain in place longer than ten (10)
days.
38
ARTICLE 14
HOURS AND OVERTIME
A. Nine (9) hours per day and fifty-four (54) hours a week shall be the
usual number of hours of work for piece work and general labor, except during
harvest.
B. Each worker shall be entitled to one full day, twenty-four (24) hours
off work, without pay during each payroll week. Insofar as possible, work shall
be arranged so that each worker will have Sunday off.
C. Time and one-half (1 1/2) shall be paid for all work in excess of ten
(10) hours in any one work day, for all work in excess of sixty (60) hours in
any regularly scheduled work week and time and one-half (1 1/2) for work
performed on Sunday, hereafter defined as "overtime work." Overtime earnings
while working by piece rate shall equal at least 1.5 times the piece rate
minimum base wage.
D. A worker shall receive the rate of his/her classification for all time
worked, including time, if any, worked in a classification with a lesser rate of
pay. When a worker performs work in a higher rated job, he/she shall be paid at
the highest rate for all time worked on the highest rated job.
E. If more than five (5) consecutive days of overtime work are
anticipated, the work shall be offered initially on the basis of highest
seniority within the classification
39
required to work the overtime. If there are no volunteers for the overtime
work, the Company has the right to assign the work to anyone. The Company has
the right to finish fields or the harvest orders without searching for seniority
workers.
F. Meal time breaks shall be one-half (1/2) hour and not compensated for
nor counted as hours worked under the provisions of this Agreement. The Company
shall not use the meal time breaks for the purpose of moving the workers to
another job-site, or any other related work activity.
G. Workers shall have paid rest periods of fifteen (15) minutes each,
which insofar as practical, shall be in the middle of each continuous four (4)
hour work period or major fraction thereof.
H. A worker paid on a hourly basis who is required to report for work and
does report and is furnished no work or less than four (4) hours of work for
reasons other than an Act of God or other cause beyond the control of the
Company, shall be paid at least four (4) hours for that day at the worker's
hourly rate of pay.
40
ARTICLE 15
WAGES
A. The Company shall pay the wage rates (hourly and piece rates) in
accordance with Appendices A, B and C attached hereto. However, when the
Company determines that particular piece rates are inappropriate, it may pay on
an hourly basis.
41
ARTICLE 16
INCOME MAINTENANCE
[LEFT BLANK INTENTIONALLY]
42
ARTICLE 17
VACATIONS AND BONUS
A. Vacation pay for the completed calendar year will be paid to workers
in January of the following year. In order to qualify for the first January
vacation check, the worker must have earned gross wages of at least $6,500 in
each of the immediate past two calendar years. Workers must continue to earn
$6,500 in gross wages each calendar year in order to maintain their
qualifications for vacation pay. If the worker falls below the $6,500 minimum
in any one calendar year, he/she then must requalify as if it were his/her first
year of employment. The vacation pay amounts are calculated as a percentage of
gross wages. The percentage is based on the number of consecutive calendar
years the worker has met the minimum qualifications, as follows:
Calendar Minimum % Vacation
Year Gross Pay
------- -------- ---------
1 $6,500 0
2 $6,500 2
3 - 4 $6,500 4
5 or more $6,500 6
B. A bonus is paid to any worker who works 600 hours or more during the
farming year from December 1st to November 30th. Workers will be paid a bonus
of ten ($.10) cents for each hour worked. Bonuses will paid to those who
qualify with the first check
43
in December or with the final check at lay-off.
44
ARTICLE 18
HOLIDAYS
A. Commencing on the effective date of this Agreement, the following
holidays shall be paid holidays for workers who qualify under the provisions of
this Article:
NEW YEARS DAY
GOOD FRIDAY
MEMORIAL DAY
JULY 4TH
LABOR DAY
THANKSGIVING
CHRISTMAS
Workers shall be paid eight (8) hours at their usual hourly rate for
each of these holidays. To qualify a worker must work the scheduled work day
both immediately before and after each holiday. In addition, the worker must
have already worked four hundred (400) hours during the current calendar year;
however, for New Year's Day the qualifying period shall be the prior calendar
year.
A worker who reports for work on such workdays immediately before and
after the holiday but who works less than the full number of scheduled hours on
the day before and the day after the holiday must provide valid written
documentation to the Company in support of his reasons why he only worked a
partial day in order to be eligible to receive holiday pay. The Company shall
apply reasonable standards in determining what to accept as valid written
documentation.
ARTICLE 19
45
XXXXXX X. XXXXXXX FARM WORKERS MEDICAL PLAN
The Company will, starting in the first pay period after execution of
the Agreement, contribute to the RFK Farm Workers Medical Plan one dollar and
three and one quarter cents ($1.0325) per hour for each hour worked by each
worker who completed the 1995 harvest season and who also completed either the
1995 suckering season or the 1996 pruning/tying season.
Starting with the first pay period of 1997, the Company will contribute to
the RFK Farm Workers Medical Plan one dollar and seven and one half cents
($1.075) per hour for each hour worked by each worker who completed the 1996
harvest season and who also completed either the 1996 suckering season or the
1997 pruning/tying season.
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ARTICLE 20
XXXXXX VINEYARDS AND MANAGEMENT CO.
401(K) DEFINED CONTRIBUTION PLAN
The Company will, after execution of this Agreement, contribute
fifteen cents ($.15) per hour worked into a 401(k) Defined Contribution Plan for
each worker who has qualified.
47
ARTICLE 21
DURATION
This Agreement shall be in full force and effect until December 31,
1997.
XXXXXX VINEYARDS AND UNITED FARM WORKERS OF
MANAGEMENT CO. AMERICA, AFL-CIO
By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxxx Xxxxxxxxx
---------------------- -------------------------
Xxxxx X. Xxxxxx Xxxxxx Xxxxxxxxx
Vice President President
By: /s/ Xxxx X. Xxxxxxxx By: /s/ Xxxxx Xxxxxxx
---------------------- -------------------------
Xxxx X. Xxxxxxxx Xxxxx Xxxxxxx
General Manager, Vineyard Operations National Vice President
By: /s/ Xxxxx Xxxxxx
-------------------------
Xxxxx Xxxxxx
Negotiator
Bargaining Committee:
/s/ Xxxxxx Xxxxx Xxxxx
--------------------------
/s/ Xxxx Arregnin
--------------------------
/s/ Xxxx X. Xxxx
--------------------------
/s/ Xxxxxxx Xxxxxxx
--------------------------
/s/ Xxxxxx Xxxxxxxx
--------------------------
/s/ Xxxxx X. Bassiatos
--------------------------
--------------------------
48
APPENDIX "A"
SCHEDULE OF 1996 HOURLY WAGE RATES
MECHANIC $ 10.80
MECHANIC TRAINEE $ 9.85
ADVANCED TRACTOR DRIVER $ 9.85
INTERMEDIATE TRACTOR DRIVER $ 9.35
TRACTOR DRIVER TRAINING (TRIAL PERIOD) $ 8.50
IRRIGATOR XXXXX 0 $ 9.85
IRRIGATOR XXXXX 0 $ 9.35
IRRIGATOR TRAINEE (TRIAL PERIOD) $ 8.25
CREW LEADER $ 9.50
CREW LEADER TRAINEE (TRIAL PERIOD) $ 8.25
GENERAL LABOR $ 8.10
An employee in the "Trainee" classification will be promoted to the appropriate
regular classification when, in the Company's sole discretion, he/she has
exhibited the necessary qualifications in accordance with Article 6, Paragraph
D.
"A" 1
APPENDIX "B"
SCHEDULE OF 1997 HOURLY WAGE RATES
MECHANIC $ 10.85
MECHANIC TRAINEE $ 9.95
ADVANCED TRACTOR DRIVER $ 9.92
INTERMEDIATE TRACTOR DRIVER $ 9.40
TRACTOR DRIVER TRAINING (TRIAL PERIOD) $ 8.55
IRRIGATOR XXXXX 0 $ 9.92
IRRIGATOR XXXXX 0 $ 9.40
IRRIGATOR TRAINEE (TRIAL PERIOD) $ 8.30
CREW LEADER $ 9.57
CREW LEADER TRAINEE (TRIAL PERIOD) $ 8.30
GENERAL LABOR $ 8.15
An employee in the "Trainee" classification will be promoted to the appropriate
regular classification when, in the Company's sole discretion, he/she has
exhibited the necessary qualifications in accordance with Article 6, Paragraph
D.
"B" 1
APPENDIX "C"
SCHEDULE OF PIECE RATES
Piece rates will be determined by the Company and announced to the employees
prior to the time they enter the field and begin working. The Company shall
closely evaluate the field conditions and will consider vine vigor, spacing,
training practices and timing when determining rates. There shall be a piece
rate minimum wage of $6.50 per hour.
"C" 1
