EXHIBIT 10.50
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
QUINCY CORPORATION, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO
JANUARY 21, 2004
PREAMBLE
The Employer, the Union and employees recognize the obligations of its
members to work towards efficient operation of the Employer and the
demands of the Employer's customers. Therefore, it is the purpose of
this Agreement to obtain a maximum efficiency in the operations of the
Employer; to eliminate all interruptions of work and interference in
operations; to secure a prompt and fair disposition of grievances; and
to set forth other conditions of employment during the life of this
Agreement.
I. PARTIES
THIS AGREEMENT is between QUINCY CORPORATION, INC. (hereinafter referred
to as the "Employer") and its successors, provided that such successor
is at least fifty one percent (51%) owned by existing shareholders of
the Employer as of the date of this agreement, and UNITED FARM WORKERS
OF AMERICA, AFL-CIO, (hereinafter referred to as the "Union").
II. RECOGNITION/UNION RIGHTS AND OBLIGATIONS COMPANY/UNION COOPERATION
A. The Employer does hereby recognize the Union as the sole labor
organization representing the rights of its employees described in
Attachment A, hereafter collectively called "workers".
B. The Employer further recognizes the rights and obligations of the Union
to negotiate wages, hours and other terms and conditions of employment
and to administer this Agreement on behalf of the covered employees. The
Employer will inform all employees immediately upon their employment of
its policies and commitments as set forth above. The Employer will hand
out a notice to new employees immediately upon their employment
regarding the collective bargaining agreement and the commitment of
Employees, Employer and Union working together in partnership.
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C. Neither the Employer nor its representatives will interfere with the
right of any worker to join and assist the Union. The Employer agrees
that employees will secure no advantage, no more favorable consideration
nor any form of special privilege because of non-participation in Union
activities. Further, the Employer agrees with and recognizes the right
of workers to support and participate in collective bargaining and
contract administration functions.
D. The Union agrees with the objective of achieving the highest level of
employee performance and production consistent with safety, good health,
fair treatment and respect and to use its best efforts to effectuate the
same with employees.
III. HOURS OF WORK, OVERTIME, WAGES AND BENEFITS
A. Wage rates for specific job classifications are set forth in Article
XXVI.
B. Overtime: Except for employees covered by the harvesting incentive pay
system, hourly employees shall receive time and one-half (1 1/2) their
regular rate of pay for all hours worked over forty (40) in a given
seven (7) day calendar week. Employees covered by the harvesting
incentive pay system do not earn overtime but are eligible for holiday
pay premium as provided in Article XXVII below.
C. Meal time breaks shall be one-half (1/2) hour.
D. Pay Periods and Pay Days: Employees will be paid on a weekly basis and
will receive their paycheck every Thursday.
E. Employees 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. The afternoon breaks will be in accordance
with this language.
IV. UNION SECURITY
A. The Employer agrees, upon written authorization from the employee, to
deduct union dues and assessments from the employee's paycheck each week
and remit to the Union's designee. The deductions will commence the
first paycheck ten (10) working days after the Employer receives the
employee's written dues authorization. Any change in union dues shall
become effective the next paycheck ten (10) working days after the
Employer has received a certification of the change signed by the
Union's President. Employees may revoke their union dues authorization
by written order of revocation to the Employer and to the Union.
Beginning on February 15, 2001, such written order of revocation may
only be submitted between February 15 and Feb. 22 or between Aug. 15 and
Aug. 22 of each year. A notice to employees shall be given each employee
in the bargaining unit employed at the signing of this agreement and to
each new employee when hired. The Employer will cease making
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such deductions from the next paycheck ten (10) working days after
notice of said revocation is received in writing from the employee. The
Employer shall provide a monthly summary report containing the names of
the members, Social Security numbers, payroll periods covered, gross
wages, total hours worked per worker and amount of dues and assessments
deducted during such pay periods from each member.
B. Dues and assessments shall be deducted on a weekly basis and remitted to
UFW, Membership Department, X.X. Xxx 00, Xxxxx, XX 00000.
C. The Union agrees to indemnify and hold the Employer harmless against any
and all claims, suits or other forms of liability arising out of the
deductions of money for Union dues and assessments from an employee's
pay. The Union assumes full responsibility for the disposition of the
moneys so deducted once it has been remitted to the UFW's Membership
Department.
V. HIRING
A. The Union will provide a list of applicants to the Employer for
consideration when new or additional employees are needed in the areas
referred to in Attachment A. The company will provide a list of
vacancies, when they become available, to the local UFW representative
via fax.
1. UFW representative will be notified via fax and be given the
opportunity to meet with new employees during orientation.
B. Promotion and Job Bidding. In the event a permanent vacancy in a job
classification in the bargaining unit arises, which the Employer decides
to fill, the following procedures shall apply.
1.) The Employer will post the job for seven (7) working days on
bulletin boards and otherwise announce the vacancy consistent with
the Employer past practice, including allowing non-bargaining unit
employees to bid bargaining unit jobs and vice versa.
2.) Employees who wish to be considered for the posted vacancy must
apply in writing during the posting period to the Employer's
designee.
3.) If the employer's designee decides to temporarily fill the position
while the permanent assignment is being made, he may do so with any
qualified employee, provided experience gained during such temporary
assignment shall not be determinative in filling the vacancy
permanently.
4.) The Employer's designee will consider all timely applications from
qualified employees and fill the vacancy based on:
a. Qualifications and ability to perform the work.
b. Past disciplinary records. Employer will review employees past
two (2) years performance to determine past disciplinary
actions,
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if an employee has less than two (2) years service, the lesser
seniority period will be the look back period for all
applicants.
c. Job Classification seniority.
When factors a and b are relatively equal, Job Classification seniority
shall be given primary consideration.
VI. SENIORITY
A. Probationary Period. A newly hired employee in the bargaining unit will
be considered a probationary employee for the first ninety (90) calendar
days of employment. During the probationary period, the Employer retains
the right to layoff, terminate, transfer, or discipline such employee
subject only to the law and the employee shall have no recourse to the
grievance or arbitration procedure provided herein. After successful
completion of the probationary period, the employee shall be placed on
the seniority list as of his date of hire. Annual leave shall accrue
during probation and may be taken as earned under the same conditions
applicable to non-probationary employees. No accrual of benefits will be
paid to employees who do not complete probation.
B. Farm Seniority. Farm seniority shall be the time of cumulative service
as an employee of the Employer.
C. Job Classification Seniority. Job Classification seniority shall be the
time of cumulative service on the active payroll of the Employer working
within a designated job classification. An approved leave of absence
will qualify as part of cumulative service.
D. Priority. Where two or more employees have the same seniority date or
dates, under sections B and C of this article, the seniority dates shall
be determined by the employee's birthday.
E. Regaining Seniority. If a former employee is rehired, he will establish
a new Job Classification seniority. Credit for Medical Insurance,
Pension and Section 401(K) Plan participation shall not be restored
unless allowed by the particular Plan.
F. Promotions Within the Unit. When an employee is promoted to a different
position within the bargaining unit, he shall be on a trial period for
thirty (30) days during which time he may elect to return to the
position from which promoted. However, if the prior position has been
filled, the returning employee will be placed in another position but
with no reductions in the rate of pay he was receiving initially prior
to the promotion. Upon successful completion of the trial period, job
classification seniority shall accumulate from the date of promotion. If
prior to the end of the 30-day period the employee is removed and
returned to his
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former or similar open position, he shall be given Job Classification
seniority credit for the time spent in the job to which he was promoted.
G. If any employee decides to transfer out of the bargaining unit, he must
return within thirty (30) days to keep his job classification seniority.
H. Seniority List. Upon the execution of this Agreement, the Employer shall
prepare a seniority list for bargaining unit employees which shall show
Farm and Job Classification seniority. The Employer will provide the
Union with a copy within a reasonable time period. After the initial
list a seniority list will be provided to the Union within five (5)
working days of a written request but no more than once during a
calendar quarter.
I. Layoff. In the event of a permanent layoff, the layoff will be by Farm
seniority. In the event of a temporary layoff, the layoff will be by Job
Classification seniority.
J. Employees will be recalled in inverse order of layoff. Employees
recalled must be satisfactorily able to perform the job at the time of
recall.
VII. GRIEVANCE AND ARBITRATION
A. A grievance is defined as any difference between the Employer and any
employee or the Union involving the interpretation or application of the
provisions of this Agreement, or a claim of a violation of this
Agreement. Whenever a grievance arises between the Employer and the
employee or the Union, the matter will be handled in accordance with the
following procedure:
B. Informal. Except in cases involving disciplinary action which shall
proceed immediately to Step 1, the employee shall meet to discuss the
grievance informally with his immediate supervisor and attempt to
resolve the grievance before it may be filed in Step 1. The employee
must request this meeting not more than ten (10) business days after the
occurrence which gives rise to the grievance. Failure of the employee to
request a meeting within the time set shall be deemed a waiver of the
grievance and it shall not be subject to further processing under this
Article or otherwise. A Union xxxxxxx may be present if the Employee
requests; however, the employee shall have the right to adjust his
grievance with or without the assistance of the Union.
C. Step 1: Within ten (10) business days after the meeting in the informal
step, the grievance shall be reduced to writing and signed by the
employee and presented to his or her immediate supervisor. The written
grievance must include:
a. A statement of the grievance and a summary of the facts on which
the grievance is based.
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b. The remedy requested.
c. The Article and Section of the Agreement which the grievant
claims has been violated.
D. Step 2: Within ten (10) business days of presentation of the written,
signed grievance, the employee, one local representative of the Union,
and the Employer's designee shall meet and/or discuss the grievance. A
second meeting will then be held with the employee's manager, or the
next level of management above the grievant's immediate supervisor,
whichever applies, the Employer's designee, and one local representative
of the Union to meet and/or discuss the grievance. The management
representative will respond in writing within ten (10) business days of
the conclusion of these two meetings and/or discussions
E. Step 3: If the grievance is not settled in Step 2 above, within ten (10)
business days of receipt of the Employer's response in Step 2, the Union
shall notify the Employer in writing of its appeal of the grievance to
Step 3. Within ten (10) business days of delivery of the written notice
of appeal to Step 3, the Union and the Employer's designee shall meet
and/or discuss the grievance. The designee shall respond in writing
within ten (10) business days after the meeting or discussion. Failure
of the parties to meet to discuss the grievance within the time provided
in Steps 1, 2 and 3 of the grievance procedure or failure of the
Employer to respond at any step shall be deemed a denial of the
grievance. The Union must then proceed to the next step within the time
limits, just as if the Employer had denied the grievance in writing on
the last day for a response. Failure of the Employer to respond at any
step shall not in any way restrict the Employer's or the Union's right
to raise any issue or present any evidence it deems appropriate in
support of its position in any subsequent arbitration or other
administrative or judicial proceedings.
F. Arbitration. Any signed, written grievance which is not settled pursuant
to sections B, C, D and E of this article, shall be submitted to binding
arbitration upon the request of either party. Arbitration proceedings
must be initiated by serving a written request for arbitration by the
Union or the Employer within forty-five (45) working days of the
response of the Employer under Step 3 above or the last day on which the
Employer could have responded to Step 3, whichever occurs first.
G. Selection of Arbitrator. As soon after the request for arbitration is
served as is conveniently possible, the parties shall meet or confer by
telephone in order to select an arbitrator to hear and decide the
grievance. If the parties are unable to agree on an arbitrator, the
party requesting arbitration shall request the American Arbitration
Association to supply the parties with a panel of seven (7) arbitrators.
Within five (5) working days after the receipt of such panel, the
parties will meet or confer by telephone or in person to select an
arbitrator. The Union and the Employer shall each have the right to
alternatively strike three (3) names from the list. The name remaining
shall be the arbitrator. Subject to section H of this article, the
arbitrator
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selected shall decide the dispute and such decision shall be final and
binding on the parties and the employees. The expenses of the arbitrator
shall be paid equally among the parties. However, each party shall be
responsible for its own attorneys' fees, any court reporting services it
wishes to use, and the wages of employees, whether they be witnesses,
potential witnesses, representatives, or grievant, it utilizes in any
arbitration proceeding.
H. Authority of Arbitrator. The jurisdiction of the arbitrator is limited
and confined to the interpretation and application of the specific
provisions of this Agreement to the grievance. The arbitrator shall in
no way alter, amend, or modify the terms of this Agreement. When any
employee has been disciplined for one or more of the rules and
regulations of the Employer and said discipline is subjected to this
Article, the arbitrator shall deny the grievance if he is satisfied by a
preponderance of the evidence that the employee violated such rule or
regulation. Under no circumstances may an arbitrator award back wages or
monetary relief to any employee for a period more than ten (10) working
days prior to the submission of the grievance to Step 1. Monetary awards
shall be limited to the amount of the back wages and benefits the
employee would have otherwise earned less unemployment compensation and
other earnings. No relief may be granted to any employee who has not
timely filed a grievance as required above. The arbitrator may not
consider more than one (1) grievance without the agreement of both
parties; provided, multiple grievances properly raise the same issues
which have been properly appealed. The arbitrator shall have no power to
establish wage scales or fringe benefits or to change the established
wage scale or schedule of fringe benefits.
I. Finality of Decision. The decision of the arbitrator shall be supported
by substantial evidence on the record as a whole and shall be final and
binding on the employees, the Employer and Union.
J. Time Limits. The time limits set forth above are to be considered of the
essence to the grievance and arbitration procedure. The failure of the
employee or the Union to meet any time limit set forth therein shall be
deemed to constitute waiver of the grievance and acceptance of the
Employer's position. The time limits in sections B, C, D and E of this
article may be extended in writing by mutual consent of the parties.
K. Limitations. The party referring a grievance to arbitration shall have
the burden of proof, except the Employer shall have the burden of proof
in disciplinary grievances unless this Agreement provides otherwise.
L. Precedent. In order to encourage prompt resolution of grievances,
agreements and compromises of grievances made under this section shall
not be cited by either party as precedent in any subsequent arbitration
proceeding without the consent of the other party.
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M. Witnesses. Each party shall be responsible for the pay of the
representatives and witnesses it uses in arbitration or preparation
therefore. Time spent by witnesses called to testify by the Union in an
arbitration proceeding will not be counted as time worked.
VIII. NO STRIKE CLAUSE
For the duration of this Agreement, the Union, its officers,
representatives, members and the Employer's employees covered by this
Agreement, shall not authorize or condone, nor shall they take part in
or participate in any strike, slow down, picketing, stoppages of work,
boycott or other interruption of or interference with the Employer's
business or its operation at any location.
Failure or refusal on the part of any employee to comply with any
provision of this Article shall be cause for disciplinary action, up to
and including discharge.
If there is a dispute as to whether an employee violated this Article,
the only issue that may be grieved shall be whether the employee
violated the Article. Upon proof the arbitrator shall uphold the
Employer's disciplinary decision.
The Employer agrees that it will not lock-out employees for the duration
of this Agreement so long as the Union or the employees do not violate
their obligations as set forth in this Article.
IX. RIGHT OF ACCESS TO COMPANY PROPERTY
A. Duly authorized and designated representatives of the Union shall have
the right of access to Employer property in connection with the
administration of this Agreement or other normal Union affairs in
designated areas. In areas of operation, access will be granted to
observe operations with prior written approval of Quincy or Modern
representatives.
B. The Employer shall recognize the Union stewards for handling grievances
with the Employer, provided Union stewards must be employees of the
Employer on the active payroll. The Employer agrees that the choice and
removal of Union stewards is otherwise a function of the Union. The
Union shall notify the Employer in writing who the current Union
stewards or alternate stewards are and shall furnish the Employer
written notice of any new appointments or changes in stewards. The
selection of an employee as Union xxxxxxx shall in no way relieve the
employee from carrying out his or her usual and assigned duties in the
same manner as is expected of all other employees. The number of Union
stewards should be limited to one (1) chief and two (2) stewards.
Alternates may be substituted when a xxxxxxx is absent for an extended
period of time.
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C. Stewards shall not leave their jobs while on shift for the purpose of
investigating, presenting, handling or settling grievances with
management except by permission of the Employer's designee. All such
activities handled during the xxxxxxx'x working time will be paid for by
the Employer, however, the stewards will, whenever possible, handle
activities during non-working time. The Employer shall not be
responsible for the wages of any xxxxxxx while they are involved in
arbitration under this Agreement. Activities of stewards shall in no way
interfere with the operation of the Employer.
D. The Employer will allow no more than five (5) UFW officials to visit the
Employer's property provided the Union receives prior approval in
writing by the Employer for each visit. During any visit, the Employer
will have one or more of its representatives present to accompany the
UFW officials. The Union officials will not in any fashion interfere
with the work of the employees.
X. DISCIPLINE AND DISCHARGE
A. Cooperation and Support. The Union agrees to support all the rules and
regulations of the Employer. Those rules will be supplied to the Union's
local President and the UFW.
B. Quincy Farms Rules. For the best interests of the Employer and its
employees, all employees will abide by the rules, regulations and
policies of the Employer. Violation of any of the Employer's rules, or
for just cause, shall be considered cause for disciplinary action up to
and including discharge. The Employee may grieve and arbitrate any
action under this section.
XI. NON-DISCRIMINATION
In accordance with the policies of the Employer and the Union, it is
agreed that there shall be non-discrimination against any employee
because of race, age, creed, color, religion, sex, sexual orientation,
national origin, political belief, disability, marital status, language
spoken or activities on behalf of participation or non-participation in
any UFW activities..
XII. LEAVES OF ABSENCE
A. General Leaves. At the Employer's sole discretion, an employee who has
used all accumulated unused annual leave may be granted a leave of
absence for good reason without pay which in no event shall exceed
thirty (30) days, unless a longer leave is allowed by law. Leaves of
absence for personal reasons will be granted only when the services of
the employee are not immediately required and there are other employees
capable of doing the work.
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B. Activities During Leaves. Leaves of absence will not be granted for the
purposes of allowing employees to take another position temporarily, try
out new work, or venture into business for himself. Engaging in any of
these activities during a leave of absence will result in termination
for the employee.
C. Return From Leave of Absence. Upon returning to work from an authorized
leave of absence under this Article, an employee shall be entitled to
the job he left, or a job similar to the one he left. If such job or
jobs have been eliminated or another employee has been permanently
transferred to take over such job or jobs, the Employer shall have the
right to place the returning employee in any job which it deems him
capable of performing.
D. Union Activities. Should an employee wish time off to attend Union
conventions or training sessions, he shall file a written request just
as he would when requesting other leave without pay, but not less than
ten (10) days before the requested leave is to begin. Such leaves may be
no longer than five (5) working days and no one xxxxxxx may take more
than ten (10) working days off a calendar year for such leaves. The
Employer's designee will review a properly filed request and grant the
leave request if in his discretion he determines such leave will not be
operationally inconvenient. All such leaves will be without pay.
E. Long Term Leave. An employee may request a leave of up to one year to
conduct Union business, subject to written request procedures listed
above.
F. Family Medical Leave Act. The employer agrees to abide by the Family
Medical Leave Act when supporting documents are provided as required by
law.
XIII. INS
The Employer agrees to notify the Union of immigration status issues
pertaining to members of the bargaining unit which arise during the term
of this Agreement. In carrying out its obligations under immigration
law, the Employer shall abide by all applicable laws and regulations. To
the extent the Union seeks to assist bargaining unit members on
immigration related issues, the Employer will work cooperatively with
the Union to the extent such cooperation is consistent with applicable
federal immigration laws and regulations.
XIV. SSA LANGUAGE
When the Employer receives written notice from the Social Security
Administration concerning the verification of Social Security numbers,
the Employer shall promptly fax said notice to the Union. The Employer
shall provide a minimum of thirty (30) days following written notice to
each such employee to correct his or her records before terminating the
employee.
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XV. MAINTENANCE OF STANDARDS
Employer agrees that all terms and conditions of employment for
employees relating to wages, hours of work and general working
conditions shall be maintained at no less than the highest standards in
effect as of the date of this agreement.
XVI. BARGAINING UNIT WORK
Supervisors and other persons not included in the bargaining unit shall
not perform any work covered by this Agreement except for instruction,
training, testing equipment, experimental and developmental work,
emergencies, or other occasional and incidental types of work which does
not deprive bargaining unit workers of work or avoid the recall of
bargaining unit workers for work they would normally perform.
XVII. MANAGEMENT RIGHTS
All inherent and common law management functions and prerogatives which
the Employer has not expressly modified or restricted by this Agreement
are retained and vested exclusively in the Employer and are not subject
to arbitration under this Agreement. The Employer specifically reserves
the exclusive right in accordance with its judgment to reprimand,
suspend and otherwise discipline employees; to discharge employees for
just cause, which includes violation of company regulations and
policies; to hire, promote, demote, transfer, layoff and recall
employees to work; to determine the starting and quitting times, and the
number of hours and shifts to be worked; to maintain the efficiency of
employees; to close down the operation or any part thereof, or expand,
reduce, alter, combine, transfer, assign or cease any job, department,
operation, or service; to control and regulate the use of machinery,
equipment and other property of the Employer; including but not limited
to transferring or subcontracting with satellite growers for the
cultivation, growing and harvesting of mushrooms provided that such
subcontracting is not conducted on the company's existing property; to
determine the number, location and operation of stations and divisions
and departments thereof; to assign work and overtime; to determine the
size and composition of the work force; to make or change rules,
procedures, policies and practices not in conflict with the provisions
of this Agreement; to assign or reassign equipment, jobs and work
locations; to set schedules, hours and days of work; to establish
standards of conduct and work for employees; to introduce new or
improved production, maintenance, services and packing methods,
materials, machinery and equipment and otherwise generally manage the
business; and to direct the work force.
The Employer's failure to exercise any function hereby reserved to it,
or its exercising
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any such function in a particular way, shall not be deemed a waiver of
its rights.
XVIII. RECORDS AND PAY PERIODS
A. The Employer shall keep full and accurate records, including total hours
worked, piece rate or incentive rate records, total wages and total
deductions. Employees shall be furnished a copy of the itemized
deductions, hourly rates, hours worked and total wages each payday which
shall include the employee's piece rate production records.
B. The employee may request to examine time sheets, piece rate records and
other records that pertain to the employee's wages. A Union
representative may be present at the employee's request.
XIX. BULLETIN BOARD
The Employer shall provide bulletin boards placed at such locations as
shall be mutually agreed. The bulletin board will not be used for
solicitation. The Union agrees to provide Quincy Farms designee with a
copy of all posted material prior to the time such material is posted.
XX. MODIFICATION
No provision or term of this Agreement may be amended, modified,
changed, altered or waived except by written document executed by the
parties hereto.
XXI. SAVINGS CLAUSE
If any part of this Agreement is, or is hereafter found to be, in
contravention of the laws or regulations of the United States or of any
state having jurisdiction, such part shall be superseded by the
appropriate provisions of such law or regulation so long as the same is
in effect, but all other provisions of this Agreement shall continue in
full force and effect.
XXII. JDLC PENSION PLAN
Commencing on March 31, 1999 the Employer shall contribute to the Xxxx
De La Xxxx Farm Workers Pension Plan in the amount of five cents ($.05)
for each hour worked by all employees covered under this agreement.
The monthly contributions to the Xxxx De La Xxxx Farm Workers Pension
Plan, together with a monthly summary report, shall be forwarded to the
administrator of the plan no later than the fifteenth (15th) day of the
following month at X.X. Xxx 00000, Xxx Xxxxxxx, XX 00000, or other such
address designated in writing by the plan administrator.
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XXIII. MEDICAL PLAN
The Employer agrees to continue to offer eligible employees the existing
Blue Cross Medical Plan, however the Employer retains the right to
modify the plan and employee contributions if the total cost to the
company increases by more than fifty thousand dollars ($50,000) during a
twelve (12) month period. In the event that the increase for the second
twelve (12) month period is less than fifty thousand dollars ($50,000),
the employer agrees to carry over the unused portion of the increase to
the third twelve (12) month period. The Employer agrees that if faced
with a sizable increase it will inform the Union and discuss possible
alternatives.
XXIV. DISCLOSURE
When the Employer eliminates, adds or modifies rules and regulations or
forms that apply to wages, hours and working conditions, it will make
bargaining unit employees aware of same and provide the Union a copy of
the applicable rule, regulation or form. The Employer will notify the
Union of changes in rules and regulations, so they can assist with
communications when appropriate.
XXV. PROFIT SHARING
A. All employees of Quincy Corporation who are employed at the end of each
of the years covered by this agreement are eligible for a profit sharing
bonus. The first period will be January 1, 2004 through December 31,
2004 and the bonus (if any) will be paid on or before March 15, 2005.
The second period will be January 1, 2005 through December 31, 2005 and
the bonus (if any) will be paid on or before March 15, 2006. The third
period will be January 1, 2006 through December 31, 2006 and the bonus
(if any) will be paid on or before March 15, 2007. The bonus (if any)
will be calculated as follows:
The following percentage of Quincy Corporation's audited before interest
and tax earnings for each of the periods covered by this agreement will
be established as a bonus pool amount:
$0 to $3,000,000 0%
Above $3,000,000 10% of excess
B. The bonus pool amount will be divided by the total wages for the
applicable period paid to employees of Quincy Corporation who are
employed at the end of each respective period and the result is the
bonus multiplier.
C. Each employee's total wages paid during the applicable period will be
multiplied by the bonus multiplier to determine the employee's bonus.
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D. The Employer shall submit every six (6) months operating statements to
the Union within forty-five (45) days of the end of each six (6) month
period. The Employer shall also submit its annual operating statement
for 2004, 2005 and 2006 to the Union within sixty (60) days of the end
of the fiscal year. There shall be no inter- company charges initiated
during 2004, 2005 and 2006 that have the effect of reducing the bonus
pool amount. The Employer will not change accounting assumptions or
practices, except as required to conform to government regulations or
generally accepted accounting principles; and in no event shall such
assumptions or practices be changed to reduce the bonus pool amount. The
Employer agrees to provide for an independent audit of the Employer
specifically designed to verify the bonus pool amount. This independent
audit will be paid for by the Employer and a copy will be addressed to
the Union.
E. If for any reason the Employer is sold, the eligible employees are fully
vested in the prorated share of the profits for the period the profit
sharing plan is in effect. Such prorated share will be paid to the
eligible employees within thirty (30) days after the completion of the
sale of the Employer.
XXVI. WAGES
Year One: (01/21/04 - 01/20/05)
Bargaining unit hourly paid employees will receive a twenty-five cents
($.25) per hour wage increase effective January 18, 2004. The Incentive
Harvesters who are paid by the pound will receive an increase per pound
picked that will be equivalent to the hourly increase.
Night Shift Farm Operations will receive an additional $.10 per hour
increase for night shift premium. This will bring their night shift
premium to $.30 per hour.
Year Two: (01/21/05 - 01/20/06)
Hourly paid employees will receive a twenty cents ($.20) per hour wage
increase effective the first pay period of 2005. The Incentive
Harvesters who are paid by the pound will receive an increase per pound
picked that will be equivalent to the hourly increase.
Year Three: (01/21/06 - 12/31/06)
Hourly paid employees will receive a twenty cents ($.20) per hour wage
increase made retroactive to the first pay period of 2006. The Incentive
Harvesters who are paid by the pound will receive an increase per pound
picked that will be equivalent to the hourly increase.
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XXVII. HOLIDAYS AND OVERTIME
Because of the nature of the mushroom business, it will be necessary to
work holidays. The company shall pay hourly employees not covered by the
harvesting pay system one and one-half (1-1/2) times an employee's
regular straight time hourly rate for hours worked on the following
recognized holidays: NEW YEAR'S DAY, XXXXXX XXXXXX XXXX, XX.'S OBSERVED
BIRTHDAY, MEMORIAL DAY, FOURTH OF JULY, LABOR DAY, THANKSGIVING DAY, and
CHRISTMAS DAY. Employees covered by the harvesting pay system will be
paid the normal incentive pay earned during hours worked on these
designated holidays plus an additional 1/2 their base hourly rate for
such holiday hours.
If you are scheduled to work on a Holiday and fail to do so without a
valid excuse you will be subject to disciplinary action on the first
occurrence. A second occurrence within a twelve (12) month period will
result in suspension. Repeat offenders outside of a twelve (12) month
period will be terminated.
XXVIII. VACATIONS/SICK/PERSONAL DAYS
Vacation benefits for regular employees shall be granted on the
following basis:
YEARS OF CONTINUOUS VACATION
SERVICE VACATION DAYS PAY*
1 One week (5) days 2%
3 Two weeks (10) days 4%
10 Three weeks (15) days 6%
*Percent of gross W-2 earnings for the preceding employment year for the
first year of service and for the preceding calendar year for all
subsequent years of service.
A vacation is not earned until an employee reaches his anniversary date.
Vacation benefits will be granted only after an employee's anniversary
date. Vacations must be scheduled one (1) month in advance and approved
by your supervisor.
Seniority shall govern in the selection of vacations insofar as
practicable to do so under current operating conditions. Certain
departments have a maximum limit on how many people can be gone from
work at any given time.
Vacation benefits shall not be allowed to accumulate from one vacation
period to the next A carryover may be allowed for up to three (3) months
if a vacation request was
132
denied due to scheduling and confirmed by employees supervisor.
Quincy Farms will provide all hourly employees with two (2) paid
personal/sick days per year. The requirements are:
1. Must have been employed at least ninety (90) days.
2. Sick/Personal days will be based on a calendar year.
3. Sick/Personal days cannot be taken prior to, on the day of,
or after a holiday.
4. Sick/Personal days cannot be taken in conjunction with
vacation or any other leave.
5. There will be no accrual of sick/personal days.
6. Employees will be paid eight (8) hours @ five dollars and
fifteen cents ($5.15) per hour for each sick/personal day.
7. Sick/Personal day payment will be made each year in the pay
periods closest to June 15th and December 15th.
8. Call in requirements are necessary for sick days and
personal days (if not scheduled in advance). If employee
does not call in, the day will be treated as an unexcused
absence.
9. Form must be completed for each day you take. Notify your
Supervisor.
XXIX. SAFETY
The Employer and the Union agree that any material change made to the
Employer's existing Safety Manual will be discussed, prior to any
change, with the Safety Committee.
XXX. DURATION
This agreement shall remain in full force and effect from January 21,
2004 and expiring on December 31, 2006.
XXXI. COMMENCEMENT OF NEGOTIATIONS
Beginning at least three months prior to the expiration of this
agreement, Quincy and the UFW will meet and will use their good faith
best efforts to negotiate a new agreement that will promote a
relationship that will benefit everyone concerned.
133
UNITED FARM WORKERS OF QUINCY CORPORATION d/b/a
AMERICA, AFL-CIO QUINCY FARMS
/s/ XXXXXX X. XXXXXXXXX /s/ X.X. XXXXXXXX
------------------------------ --------------------------------
Xxxxxx X. Xxxxxxxxx, President Xxxx X. Xxxxxxxx, President
3/2/04 1/29/04
------------ -------------
Date Date
/s/ XXXXXX XXXXXXXX /s/ XXXXX X. XXXXXXXXXXX
------------------------------ --------------------------------
Xxxxxx Xxxxxxxx, Contract Administrator/UFW Xxxxx X. Xxxxxxxxxxx, CFO
2/5/04 1/27/04
------------ -------------
Date Date
NEGOTIATING COMMITTEE
Name/Date
/s/ XXXXX X. XXXXXXX 2/5/04
----------------------------------------------------------
/s/ XXXXXX X. XXXXXXXX 2/5/04
----------------------------------------------------------
/s/ XXXXXX XXXXXX 2/5/04
----------------------------------------------------------
/s/ XXXXXX XXXXXX 2/5/04
----------------------------------------------------------
/s/ XXXXXXXXX XXXXX 2/5/04
----------------------------------------------------------
/s/ XXXXXX X. XXXXXXXX 2/5/04
----------------------------------------------------------
134
ADDENDUM NUMBER 1 TO CONTRACT DATED JANUARY 21, 2004
BETWEEN
QUINCY CORPORATION, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO
The Parties agree as follows:
Quincy Farms agrees to not reduce the current production capacity or square feet
planted or produced at Quincy Farms during the term of the contract dated
January 21, 2004.
UNITED FARM WORKERS OF QUINCY CORPORATION d/b/a
AMERICA, AFL-CIO QUINCY FARMS
/s/ XXXXXX X. XXXXXXXXX /s/ X.X. XXXXXXXX
-------------------------------- --------------------------------
Xxxxxx X. Xxxxxxxxx, President Xxxx X. Xxxxxxxx, President
3/2/04 1/29/04
------------- -------------
Date Date
/s/ XXXXXX XXXXXXXX /s/ XXXXX X. XXXXXXXXXXX
-------------------------------- --------------------------------
Xxxxxx Xxxxxxxx, Contract Administrator/UFW Xxxxx X. Xxxxxxxxxxx, CFO
1/29/04 1/27/04
------------- -------------
Date Date
135
ADDENDUM NUMBER 2 TO CONTRACT DATED JANUARY 21, 2004
BETWEEN
QUINCY CORPORATION, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO
The Parties agree as follows:
During the term of the contract dated January 21, 2004, Quincy Farms agrees to
remain as the employer of those bargaining unit employees who are hired to
provide services in the packing and shipping department that currently is being
leased to Modern Mushroom Company. This addendum shall not be construed to
provide to any current or future bargaining unit employees in the packing and
shipping department guaranteed employment for a specific term or period of time.
UNITED FARM WORKERS OF QUINCY CORPORATION d/b/a
AMERICA, AFL-CIO QUINCY FARMS
/s/ XXXXXX X. XXXXXXXXX /s/ X. X. XXXXXXXX
-------------------------------- --------------------------------
Xxxxxx X.Xxxxxxxxx, President Xxxx X. Xxxxxxxx, President
3/2/04 1/29/04
------------- -------------
Date Date
/s/ XXXXXX XXXXXXXX /s/ XXXXX X. XXXXXXXXXXX
-------------------------------- --------------------------------
Xxxxxx Xxxxxxxx, Contract Administrator/UFW Xxxxx X. Xxxxxxxxxxx, CFO
1/29/04 1/27/04
------------- -------------
Date Date
136
ADDENDUM NUMBER 3 TO CONTRACT DATED JANUARY 21, 2004
BETWEEN
QUINCY CORPORATION, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO
The Parties agree as follows:
Quincy Farms agrees to meet with the local union representative to develop a new
safety incentive program. The union will have input into number of people on the
committee, number of meetings, etc.
UNITED FARM WORKERS OF QUINCY CORPORATION d/b/a
AMERICA, AFL-CIO QUINCY FARMS
/s/ XXXXXX X. XXXXXXXXX /s/ X. X. XXXXXXXX
-------------------------------- --------------------------------
Xxxxxx X.Xxxxxxxxx, President Xxxx X. Xxxxxxxx, President
3/2/04 1/29/04
------------- -------------
Date Date
/s/ XXXXXX XXXXXXXX /s/ XXXXX X. XXXXXXXXXXX
-------------------------------- --------------------------------
Xxxxxx Xxxxxxxx, Contract Administrator/UFW Xxxxx X. Xxxxxxxxxxx, CFO
1/29/04 1/27/04
------------- -------------
Date Date
137
