EXHIBIT 10.6(c)
XXXXXX FURNITURE COMPANY, INC. and LOCAL 875, Affiliated
with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA
COLLECTIVE BARGAINING AGREEMENT
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ARTICLE I GOOD FAITH.................................... 2
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ARTICLE II RECOGNITION................................... 2
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ARTICLE III UNION SECURITY................................ 3
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ARTICLE IV CHECK-OFF..................................... 4
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ARTICLE V HOURS OF WORK................................. 5
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ARTICLE VI OVERTIME...................................... 6
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ARTICLE VII HOLIDAYS/SUNDAYS.............................. 6
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ARTICLE VIII PERSONAL DAYS................................. 8
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ARTICLE IX VACATIONS..................................... 8
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ARTICLE X WAGE INCREASES................................ 9
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ARTICLE XI COMMISSIONS................................... 10
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ARTICLE XII SICK BENEFITS WELFARE FUND.................... 11
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ARTICLE XIII PENSION FUND.................................. 13
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ARTICLE XIV GRIEVANCE PROCEDURE........................... 14
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ARTICLE XV SENIORITY..................................... 16
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ARTICLE XVI NOTICE TO AND FROM UNION...................... 17
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ARTICLE XVII BULLETIN BOARD................................ 20
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ARTICLE XVIII LIE DETECTOR TEST............................. 20
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ARTICLE XIX NON-DISCRIMINATION............................ 20
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ARTICLE XX SAFETY AND SANITARY CONDITIONS................ 21
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ARTICLE XXI VISITATION.................................... 21
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ARTICLE XXII LEAVE OF ABSENCE.............................. 21
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ARTICLE XXIII EXISTING PRACTICES............................ 22
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ARTICLE XXIV NO STRIKE - NO LOCKOUT........................ 22
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ARTICLE XXV GUARANTEED WORK............................... 23
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ARTICLE XXVI JOB POSTINGS AND TRANSFERS.................... 24
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ARTICLE XXVII SEVERANCE PAY................................. 24
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ARTICLE XXVIII DISCHARGES.................................... 25
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ARTICLE XXIX COLLECTIVE BARGAINING......................... 26
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ARTICLE XXX SUBCONTRACTING................................ 26
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ARTICLE XXXI PROTECTION OF RIGHTS.......................... 27
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ARTICLE XXXII ASSIGNABILITY................................. 27
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ARTICLE XXXIII EFFECTIVE DATE................................ 27
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ARTICLE XXXIV SEPARABILITY.................................. 27
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ARTICLE XXXV POOL COMMISSIONS.............................. 28
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ARTICLE XXXVI GENERAL....................................... 28
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ARTICLE XXXVII SPECIAL SALE NOTICE........................... 28
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ARTICLE XXXVIII SICK DAYS..................................... 28
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ARTICLE XXXIX RESELECTS......................................29
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ARTICLE XL SERVICE CHARGEBACKS........................... 30
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ARTICLE XLI PREPARATION TO WORK SALES FLOOR............... 30
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ARTICLE XLII NO COMMISSION PAID/ONE YEAR RULE.............. 30
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ARTICLE XLIII XXXXX CASH.................................... 31
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ARTICLE XLIV PERFORMANCE CLAUSE............................ 31
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ARTICLE XLV BEREAVEMENT PAY............................... 33
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ARTICLE XLVI CREDIT APPLICATION............................ 33
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ARTICLE XLVII JOB DESCRIPTION............................... 33
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ARTICLE XLVIII SHORTAGES..................................... 34
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ARTICLE XLIX DURATION.......................................34
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THIS AGREEMENT made and entered into as of January 3, 1997, by and
between XXXXXX FURNITURE COMPANY, INC., 000 Xxxxxxxxx Xxxx Xxxxx, Xxxxxxxx, Xxx
Xxxx 00000, a Delaware Corporation, hereinafter designated as the Employer or
Company, and LOCAL 875, affiliated with the INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, hereinafter
designated as the Union.
WHEREAS, the Employer is engaged in the business of retail sale of
furniture and
WHEREAS, the Union represents the majority of the Sales Employees
hereinafter designated as Sales Associates of the Employer and
WHEREAS, the parties hereto desire to cooperate in establishing
conditions in the Employer's stores which will tend to secure to the Sales
Associates a living wage, improve the standards of labor, abolish unfair
competition insofar as labor is concerned, and provide methods for a fair and
peaceful adjustment of all disputes that may arise between the parties hereto.
NOW, THEREFORE, in consideration of one dollar and other good and
valuable consideration to each in hand paid by the other, and in consideration
of the mutual promises and obligations herein assumed and made, the parties
hereby agree as follows:
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ARTICLE I GOOD FAITH
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The Employer and the Union hereby agree that they will in good faith
live up to the provisions of this Agreement, and that this Agreement is entered
into by the Union and the Employer on behalf of the Sales Associates of the
Employer, now employed or hereafter to be employed, in the bargaining unit as
defined in ARTICLE II hereof.
ARTICLE II RECOGNITION
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The Employer agrees to and does hereby recognize the Union as the sole
and exclusive bargaining agent for all Sales Associates, excluding clerical and
office employees, guards, professional employees, warehousemen and supervisors
as defined in the Labor Management Relations Act of 1947.
This Agreement shall cover all future plants which the Company may
operate during the term of this Agreement or any extension thereof, including
all stores operated as the result of expansion or change. This Agreement shall
apply to the Company's stores should there be any shift of geographical
location. This clause shall inure to the benefit of the Local herein only, but
not its successors or assigns.
2
ARTICLE III UNION SECURITY
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All Sales Associates who are members of the Local Union on the effective
date of this subsection or on the date of execution of this Agreement, whichever
is the later, shall remain members of the Local Union in good standing as a
condition of employment. All present Sales Associates who are not members of the
Local Union and all Sales Associates who are hired hereafter shall become and
remain members in good standing of the Local Union as a condition of employment
by the 31st day following the effective date of this subsection or the date of
their employment, whichever is the later. This provision shall be made and
become effective as of such time as it may be made and become effective under
the provisions of the National Labor Relations Act, but not retroactively.
The failure of any Sales Associates to become a member of the Union at
the required time shall obligate the Employer, upon written notice from the
Union to such effect and to the further effect that Union membership was
available to such person on the same terms and conditions generally available to
other members, to forthwith discharge such person. Further, the failure of any
Sales Associate to maintain his/her Union membership in good standing as
required herein shall, upon written notice to the Employer by the Union to such
effect, obligate the Employer to discharge such Sales Associate.
3
In the event of any change in the law during the terms of this
Agreement, the Employer agrees that the Union will be entitled to receive the
maximum Union security which may be lawfully permissible.
No provision of this Article shall apply in any state to the extent that
it may be prohibited by State Law. If under applicable State Law, additional
requirements must be met before any such provision may become effective, such
additional requirements shall first be met.
If any provisions of this Article are invalid under the law of any state
wherein this Agreement is executed, such provisions shall be modified to comply
with the requirements of State Law or shall be re-negotiated for the purpose of
adequate replacement. If such negotiations shall not result in a mutually
satisfactory agreement, the Union shall be permitted all legal or economic
recourse.
ARTICLE IV CHECK-OFF
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The Employer agrees to deduct, on the first pay day of each month, from
the salary or wages of the Sales Associates covered by this Agreement such Union
dues and initiation fees as the Union, by written notice, advises the Employer
are regularly due as such from the Sales Associates, and will turn such monies
over to the Union on or before the TENTH DAY of each month,
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covering the current month in advance, together with its listing of the Sales
Associates and amount, from whom such monies have been deducted, provided,
however, that the Employer will make such deduction only from wages of those
Sales Associates who submit individual written authorization to the Employer
directing and authorizing the Employer to make such deductions.
Any monies deducted from the Sales Associates are to remain the property
of the Union and in no event shall the Employer be permitted to use said monies
for any other purpose.
ARTICLE V HOURS OF WORK
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Except as noted herein, stores shall be open to the public during the
following hours:
Monday through Friday: 10:00 A.M. through 9:30 P.M.
Saturday: 10:00 A.M. through 9:00 P.M.
All Sales Associates shall be available to work during the above hours.
Sunday: 12:00 Noon through 6:00 P.M.
For Sundays' staffing, Sales Associates will continue to be scheduled on
a voluntary rotational basis, as is the current practice.
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The Company reserves the right to extend or reduce the hours of work
during special advertised promotional events and /or on Holidays.
The Company reserves the right to schedule three (3) separate shifts on
Saturdays.
The Company may require Sales Associates to attend store meetings one-
half (1/2) hour prior to the starting time of their scheduled shifts.
The provisions of Article XXXVII of this contract shall remain in
effect.
ARTICLE VI OVERTIME
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Overtime compensation shall be paid at the rate of time and one-half the
base rate of pay for all hours exceeding forty (40) hours in any week excluding
Sundays and holidays for which payment is covered in ARTICLE VII.
ARTICLE VII HOLIDAYS/SUNDAYS
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The Employer shall not require its Sales Associates to work on the
following holidays, and shall pay them for such holidays:
New Year's Day Labor Day
Washington's Birthday Thanksgiving Day
Memorial Day Christmas Day
July 4th
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To be eligible for holiday pay, the Sales Associate must work at least
four (4) hours the day before and at least four (4) hours the day after the said
holiday, unless that Sales Associate is on lay-off, verified illness, plant
shutdown or Act of God. All work performed on holidays shall be paid for at the
premium flat rate of $80.00 per day plus eight (8) hours of base pay and bonuses
and commissions, if any. Holiday pay for the Sales Associates who do not work on
the foregoing holidays shall be eight (8) hours base pay.
All work performed on Sundays shall be paid for at the premium flat rate
of $80.00 per day plus bonuses and commissions, if any.
a) If any of said holidays shall fall on Saturday, then even though no
work shall be performed, the Sales Associates shall be paid at straight time for
that day.
b) If any of said holidays shall fall on Sunday, then the Monday
following shall be considered the holiday, and even though no work shall have
been performed on such Monday, the Sales Associates shall be paid for that day.
c) If any of the above holidays shall fall within the Sales Associate's
vacation period, his/her vacation shall be extended one (1) day with pay.
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d) Sales Associates absent because of a compensable illness or injury
shall be entitled to full holiday pay, provided illness is temporary and does
not exceed six (6) weeks duration.
ARTICLE VIII PERSONAL DAYS
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The Employer agrees to grant Sales Associates three (3) personal days
per year at base pay. There are no partial personal days; personal days can be
taken only in full day segments. A personal day is a planned day off and thereby
requires Management's advance approval. There is no carry over of personal days
from one calendar year to the next.
Newly hired Sales Associates will be eligible for personal days upon
completion of their probationary period (120 days).
ARTICLE IX VACATIONS
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The Employer shall grant vacation with pay for all its Sales Associates
in accordance with provisions of this paragraph as set forth below:
Based on the Sales Associate's prior year W-2 on a pro-rata basis
excluding bonuses.
All Sales Associates shall receive not less than his/her pro-rated
vacation provided he/she does have the following eligibility:
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All full time Sales Associates who have been in the employ of the Employer for
one (1) year shall receive one (1) week vacation with pay; all Sales Associates
who have been in the employ of the Employer for two (2) years or more shall
receive two (2) weeks vacation with pay. Sales Associates with seven (7) years
or more of employment shall receive three (3) weeks vacation with pay. Sales
Associates with thirteen (13) years of service shall receive four (4) full
weeks' vacation with pay.
The Employer shall pay to all its Sales Associates their vacation pay
prior to the employee going on his or her vacation.
Sales Associates who have been employed for one year or more, who are
laid off at any time during the term of this Agreement, shall be paid a pro-rata
vacation at the time of their job severance. Sales Associates who have been
employed less than three (3) years and are discharged for cause shall not be
entitled to pro-rata vacation pay.
Vacation pay shall be issued via a separate paycheck.
ARTICLE X WAGE INCREASES
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a) Effective as of January 3, 1997, there shall be a general wage
increase of $5.00 per week (40 hour work week) for all Sales Associates covered
by this Agreement who by such date have completed thirty (30) calendar days.
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b) Effective as of January 3, 1998, there shall be a general wage
increase of $8.00 per week (40 hour work week) for all Sales Associates covered
by this Agreement who by such date have completed thirty (30) calendar days.
c) Effective as of January 3, 1999, there shall be a general wage
increase of $10.00 per week (40 hour work week) for all Sales Associates covered
by this Agreement who by such date have completed thirty (30) calendar days.
d) Sales Associates who are not actually working as of, or on the
effective date of the weekly wage increase provided herein shall be entitled to
receive such increase on their return to work.
e) There will be a $10.00 per week (40 hour work week) wage increase
for newly-hired Sales Associates upon completion of 30 days of employment.
ARTICLE XI COMMISSIONS
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The Company shall pay the following minimum commission rate on sales
delivered on or after February 1, 1997:
ITEM COMMISSION
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Bedding, Lamps and Accessories.......10%
Table Pads...........................11%
Fabric Bond and Leather Bond.........14.5%
Floor Samples.........................8%
Clearance Center Merchandise:
Any Item sold for $150.01 or more...5%
Any Item sold for $150.00 or less...7%
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Commissions on all other merchandise shall be paid at the rate of 3.77%
of the selling price. These commission rates apply to all merchandise whether
advertised or not.
ARTICLE XII SICK BENEFITS WELFARE FUND
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In order to protect and promote the health and welfare of the Sales
Associates in the industry, the Union has the WELFARE FUND, which is
administered under a Declaration of Trust adopted by its members.
a) The Company, effective as of January 3, 1997, shall pay monthly to
the Local 875 XXXXX XXXXXX MEMORIAL WELFARE FUND the sum of $278.00 for each
Sales Associates covered by this Agreement. Effective January 3, 1998, the
contribution amount shall be $283.00 per Sales Associate per month. Effective
January 3, 1999 and remaining for the duration of the contract, the contribution
amount shall be $293.00 per Sales Associate per month. These monies shall be
used for the purpose of securing hospitalization and surgical benefits, Life
Insurance, and other Welfare benefits for its Sales Associates, employees of the
Union, the PENSION FUND AND this WELFARE FUND, in accordance with the Trust
Agreements covering such funds. This contribution is due and payable on the
tenth (10th) day of each month for the current month payable in advance.
b) Such payments shall not be in lieu of any other payments required to
be made by the Employer such as any applicable
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state disability payments, State Unemployment Insurance, Social Security,
Workers' Compensation, etc.
c) Holiday and vacation time shall be considered time worked for the
purpose of this Article at the rate of eight (8) hours per day.
d) The Company shall forfeit all rights under this Agreement and the
Sales Associates may cease to work if the Company fails to pay its contributions
as provided above and/or the matter may be treated as a grievance hereunder.
e) With its monthly remittance, the Company will forward to the XXXXX
XXXXXX MEMORIAL WELFARE FUND (Local 875) the names of the Sales Associates
covered and such other information as may be required by the Trustees of the
Fund for the administration of the Fund.
f) If the Employer is delinquent in his payments to the Fund, claims
for payment may be prosecuted in the name of the Union, on behalf of the Sale
Associate(s) concerned, or in the name of the Fund and may be submitted to
arbitration.
The Arbitrator may schedule a hearing for any date on or after
expiration of twenty-four (24) hours notice sent by the Union to the Company,
and the Arbitrator shall render an award as quickly as possible. If the Company
fails to appear, the Arbitrator shall proceed without the Company being present.
In the absence of proof otherwise by the Company, which shall bring to such
hearing all books and records pertaining to the matter to be heard, the
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Arbitrator shall determine the amount due to the Fund, on the petition of the
Union or of the Welfare Fund as to the amounts due and payable. In the absence
of other proof by the Union, all Welfare Fund payments due shall be based on the
average number of Sales Associates and hours worked by each such Sale Associates
as contained in the two highest reports thereof submitted by the Company to the
Union during the two (2) year period preceding.
g) The Union may elect not to proceed before the Arbitrator and may
proceed in any other manner provided by law, as if the provisions of ARTICLE XIV
were not contained in this Agreement. In such event the amounts due and payable
shall be determined in such other proceedings or proceeding in the same manner
as is provided above for determining such amounts before the Arbitrator, in the
absence of the Company from such hearing.
ARTICLE XIII PENSION FUND
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In order to protect and promote security for Sales Associates in the
industry, the Union has established a PENSION FUND, which is administered under
a Declaration of Trust adopted by its members.
a) The Employer shall continue to pay to LOCAL 875 - PENSION FUND the
sum of $8.00 per week or 8% of the gross earnings, whichever is greater, for
each Sales Associate covered by this Agreement.
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b) All clauses under ARTICLE XII, 00x, 00x, 00x, 00x, and 12g are
incorporated herein and such clauses shall be deemed to apply to the Pension
Fund for the Sales Associates eligible under ARTICLE XII.
c) Pension Fund contributions are due and payable on the 10th day of
each month for the prior month.
ARTICLE XIV GRIEVANCE PROCEDURE
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Section 1: A grievance is hereby jointly defined to be any controversy,
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complaint, misunderstanding, or dispute.
Any grievance arising between the Company and the UNION shall be settled
in the following manner:
a) The aggrieved Sales Associate must present the grievance to the Shop
Xxxxxxx within five (5) working days after the reason for the grievance has
occurred, except that no time limit shall apply in case of violation of wage
provisions of this Agreement. If a satisfactory settlement is not effected with
the management within three (3) working days, the Shop Xxxxxxx and Sales
Associate shall submit such grievance in writing to the Union's Business
Representative.
b) The Union Business Representative shall then take the matter up with
a representative of the Company with authority to act upon such grievance. A
decision must be made within five (5) working days.
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c) If the Company fails to comply with any settlement of the grievance
or fails to comply with the procedures of this Article, the Union has the right
to take all legal and economic action to enforce its demands.
Section 2: Any Regional Shop Xxxxxxx shall be permitted to leave his or her
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work to investigate and adjust the grievance of any Sales Associate within his
or her jurisdiction, after prior notification to his Supervisor, and approval by
both the Union and Director of Human Resources and/or Director of Stores and/or
Regional Director, who shall not unreasonably withhold his/her consent. Sales
Associates shall have the Shop Xxxxxxx or a representative of the Union present
during the discussion of any grievance with representatives of the Company.
Section 3: a) The dispute shall then be submitted to an Arbitrator appointed
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by the New York State Board of Mediation or a mutually agreed upon arbitrator.
b) Expense of the Arbitrator selected or appointed shall be borne
equally by the Company and the Union, unless arbitration is requested because of
the Employer's failure to make remittances as required by this Agreement, in
which event the Employer shall pay the total cost.
Section 4: The Arbitrator shall not have the authority to amend or modify
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this Agreement or establish new terms or conditions under this Agreement. The
Arbitrator shall determine any question of arbitrability. In the event the
position of the Union is
15
sustained, the aggrieved party shall be entitled to all the benefits of this
Agreement which would have accrued to him/her had there been no grievance.
Section 5: Both parties agree to accept the decision of the Arbitrator as
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final and binding. If the Company fails to comply with the award of the
Arbitrator or with the procedures of this Article, the Union has a right to take
all legal and economic action to enforce compliance.
It is agreed that the number of sales personnel on any selling floor
shall be subject to the grievance procedure, but not to the arbitration process.
ARTICLE XV SENIORITY
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a) The Employer recognizes the principle of seniority. For the purpose
of lay-off and rehiring, seniority shall be on a company-wide basis, in that the
last Sales Associate hired in a company-wide basis shall be the first Sales
Associate laid off and the last Sales Associate laid off shall be the first
Sales Associate rehired.
b) It is agreed by the Company and the Union that all Shop Stewards and
officers of the Union have seniority over all Sales Associates in the plant
providing they can do the work that is to be done.
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c) Any Sales Associate who is laid off eight (8) consecutive months
shall lose his/her seniority. However, if he/she is rehired within the eight (8)
month period, such Sales Associate shall return with his/her original seniority.
d) The rights of seniority in re-employment shall be accorded to a laid
off Sales Associate prior to new Sales Associate being hired provided such laid
off Sales Associate responded to a call to report for work not more than ten
(10) working days after notice has been sent to him/her by registered mail,
return receipt requested, to his/her last-known post office address.
e) Seniority rights to a laid off Sales Associate will continue to
accumulate while he/she is laid off.
f) Preference in choice of work schedule, vacation scheduling and
choice of new jobs shall be given to Sales Associate having higher seniority.
New jobs shall be defined as jobs having a higher rate of pay. This section
shall not limit the Employer's right to transfer or run its operation.
ARTICLE XVI NOTICE TO AND FROM THE UNION
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a) A seniority list, including name, category, rate of pay, and
starting date, shall be submitted every other month.
b) Remittance sheets, including names, new Sales Associates starting
date, old Sales Associates termination date, gross wages earned for the
preceding month for each Sales
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Associate, the amounts of dues and initiation checked-off, contributions to
fringe benefit funds, and for what monthly periods, shall be remitted once a
month, within ten (10) days after the 1st day of each month, together with
checks made payable to the proper fringe benefit fund and dues and initiation to
Local 875 I.B.T.
c) All necessary cards, properly signed, to the fringe benefit funds,
from a new Sales Assoicate, must be submitted with the remittance sheet.
d) For failure to submit the remittance sheet within ten (10) days
after it is due, then in such event, the Union, at its option, may take economic
action until it is submitted, and the Employer shall pay to Sales Associates for
all time out on strike or work stoppage their regular rate of pay.
e) If the Employer fails to notify the Union of the hiring of a new
Sales Associate and/or the rehiring of a Sales Associate, then in such event,
the Employer shall be responsible from the first day due, for all monies as if
he collected same to the Union for dues, initiations and contributions to all
fringe benefit funds as described herein.
f) For failure to remit monies due to the Union for dues, initiations
and any fringe benefit fund before the 61st day of accrual, the Union, at its
option, may charge a bookkeeping fee of two (2%) percent per month or any part
thereof until it is remitted, provided that not less than ten (10) days written
notice
18
of the proposed charge is given to the Employer and the Employer fails to remit
within ten (10) days.
g) If the Employer fails to notify the Union of the termination of a
Sales Associate, for any reason, then in such event, the Employer shall be
responsible for all monies, as if he collected same, to the Union for dues,
initiation and contributions to all fringe benefit funds, if any, as described
herein.
h) The Welfare and/or Pension Fund may audit the Employer's payroll
books and records after giving reasonable notice to the Employer, and if
contributions are incorrect, the Employer shall pay the cost of such audit and
all legal fees necessary and incident to collect the same.
i) In the event of default by the Employer in the payment of
contributions to the Funds mentioned in this Agreement, the Trustees may take
legal action to obtain payment, including but not limited to, the commencement
of arbitration proceedings for such purposes before an Arbitrator, selected by
the appropriate Trustees. All expenses thereof, including but not limited to,
the fee and expenses of the Arbitration and any filing or other administrative
fee plus reasonable attorney's fees fixed at twenty (20%) percent of the
indebtedness, together with interest at a reasonable rate on any monies
determined to be due, shall be chargeable to, and an obligation of, the
contributing Employer against whom such arbitration proceeding is commenced. The
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Arbitrator may schedule a hearing on twenty-four (24) hours notice by regular or
certified mail.
ARTICLE XVII BULLETIN BOARD
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The Employer will provide the Union with a Bulletin Board in an
appropriate location in the plant to be used by the Union for posting of all
Union notices and literature.
ARTICLE XVIII LIE DETECTOR TEST
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The Company shall not require, request or suggest that a Sale Associate
take a polygraph or any other form of lie detector test.
ARTICLE XIX NON-DISCRIMINATION
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No Sales Associate shall be discriminated against, directly or
indirectly, because of his/her membership in or activity on behalf of the Union,
nor will the Employer, directly or indirectly, discourage membership in the
Union, and the provisions of this Agreement shall apply to all Sales Associates
without discrimination as to sex, color, race, creed, age, national origin,
handicap or disability.
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ARTICLE XX SAFETY AND SANITARY CONDITIONS
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The Company shall furnish and maintain safe and healthful sanitary
conditions, including clean and adequate locker accommodations, washing
facilities and toilets.
ARTICLE XXI VISITATION
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Union representatives shall be given the right to enter the plant
premises at all reasonable times for the purpose of investigating grievances and
to secure the enforcement of the contract and for such other purposes as may be
necessary; provided however, that prior to entering the plant property they
shall first advise the front office of their presence and intention to enter the
plant property.
ARTICLE XXII LEAVE OF ABSENCE
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A. In accordance with the Family and Medical Leave Act of 1993 (the
"FMLA"), a Sales Associate who has been employed by the Employer for at least
twelve (12) months (at the time the leave commences) and has worked at least
1,250 compensable hours during the twelve (12) months prior to the leave is
entitled to a total of twelve (12) weeks of unpaid leave during any twelve (12)
month period for the reasons listed in the FMLA. A Sales Associate who takes a
leave of absence under FMLA is required to use his or her accrued vacation, sick
or personal days during the leave period.
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For example, when two weeks of accrued paid leave is used by a Sales Associate
for FMLA purposes, the Employer will provide ten (10) weeks unpaid leave to
total twelve (12) weeks. A leave of absence under FMLA will be granted in
accordance with Employer's then existing procedures. The FMLA and the
regulations promulgated thereunder will govern the procedures for a leave of
absence unless state law provides greater family and medical leave rights in
which case the state law will govern.
B. Any Sale Associate upon application in writing shall be granted a
leave of absence without pay not to exceed one (1) month because of official
Union business.
ARTICLE XXIII EXISTING PRACTICES
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All benefits of employment in existence at the effective date of this
Agreement and not modified by the Agreement shall be continued without
modification.
ARTICLE XXIV NO STRIKE - NO LOCKOUT
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During the term of this Agreement, the Employer agrees that they will
not declare or authorize a lockout unless the Union failed to comply with an
arbitration award within forty-eight (48) hours after the award has been made,
and the Union agrees that no strike shall take place unless the Employer fails
to comply with an arbitration award within forty-eight (48) hours after the
award has
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been made. Neither the Union nor its Officers, agents or representatives shall
be liable for any acts of any person or any Sales Associates participating in
any strike or work stoppage unless such act or strike or work stoppage has been
expressly authorized by the Union and in conformance with the provisions of the
Constitution of the Union and the provisions of the International Union
Constitution. The parties further agree that any strike, slowdown or stoppage
not authorized as herein specified shall not be deemed a violation of this
Agreement.
In the event of an unauthorized slowdown or work stoppage, the Union
agrees within twenty-four (24) hours after receipt of notice thereof from the
Employer solely to endeavor in good faith to bring about a return to work of its
members who have stopped work. Upon failure of the Sales Associates to return to
work within the said twenty-four (24) hours, the Employer may take appropriate
action with respect to such Sales Associate or Sales Associates. Compliance by
the Union in good faith herewith shall be deemed full compliance with the
Union's obligation hereunder .
ARTICLE XXV GUARANTEED WORK
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Sales Associates regularly scheduled for full-shift work shall be given
four (4) hours' work or the monetary equivalent thereof unless notified on the
previous day not to report, except in cases of power failure, Acts of God or
other such circumstances beyond the Employer's control.
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ARTICLE XXVI JOB POSTINGS AND TRANSFERS
------------ --------------------------
a) In the event the Company opens a new store, all sales openings in
the new store shall be posted on a bulletin board in each existing store. All
Sales Associates employed by the Company can apply for a job opening(s) in a new
store. The Company will consider a Sales Associate application for such
opening(s) based on Company wide sales staffing needs and the applicant's entire
employment record with the Company including, but not limited to, his/her sales
performance history.
b) In the event the Company transfers a Sales Associate involuntarily,
the affected Sales Associate shall be given at least 72 hours' notice of such
transfer. No Sales Associate employed by the Company for fifteen (15) years or
more will be subject to an involuntary transfer.
ARTICLE XXVII SEVERANCE PAY
------------- -------------
In the event that the Employer liquidates, moves or terminates his
business or a Sales Associate is made to retire by the Employer, the Employer
shall be liable for one (1) week's pay pro-rata to his Sales Associates.
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ARTICLE XXVIII DISCHARGES
-------------- ----------
No Sales Associate shall be discharged except for just and sufficient
cause.
Just cause for discharge shall include but not be limited to the
following:
a) Theft of Company property.
b) Wanton destruction of Company property.
c) Drunkenness on the job.
d) Excessive lateness and absenteeism.
e) Drinking on the premises.
f) Illegal use of drugs on the job.
Whenever the Union disputes and/or disagrees with the justification of
the discharge of any Sales Associate, the Union shall provide the Employer with
a written notice of its dispute and/or disagreement within one (1) working day
of the time that the individual is required to leave the plant premises or the
Union Business Agent receives official notification of the Employer's intention
to discharge the said Sales Associate, whichever occurs later. The dispute
and/or disagreement shall thereupon be adjusted between the parties in the
manner provided in ARTICLE XIV of this Agreement provided, however, that it
shall not be necessary to commence with subdivision a) of said paragraph but
institution of the dispute may be by immediate recourse to subdivision 3 of said
Article, and any Sales Associate who has been discharged and subsequently
reinstated as a result of invoking the machinery
25
for resolving dispute as set forth in ARTICLE XIV shall be reinstated to his/her
former job with full back pay.
New Sales Associates shall have a one hundred twenty (120) day
probationary period during which time the Employer reserves the right to
discharge, and such discharge shall not be subject to the grievance procedure.
Any new Sales Associate retained beyond the one hundred twenty (120) day trial
shall be entitled to all the rights and privileges of this Agreement, effective
as of the date of commencement of his/her employment, but in no event shall new
Sales Associates be paid less than the minimum rate of pay established under
this Agreement.
ARTICLE XXIX COLLECTIVE BARGAINING
------------ ---------------------
The Company agrees that it will negotiate with the Union during the term
of this Agreement concerning any matter involving the wages, hours and working
conditions of the Sales Associates, which is not specifically provided for in
this Agreement and which is not subject of any grievance.
ARTICLE XXX SUBCONTRACTING
----------- --------------
The Company will not, so long as equipment and personnel are available,
subcontract work which is customarily performed by Sales Associates in the
bargaining unit to any other company.
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ARTICLE XXXI PROTECTION OF RIGHTS
------------ --------------------
Picket Line - It shall not be a violation of this Agreement and shall
not be cause for discharge or disciplinary action in the event a Sales Associate
refuses to enter upon any property of his/her Employer involved in a lawful
primary labor dispute, or refuses to go through or work behind any lawful
primary picket lines at his/her Employer's places of business, including picket
lines of Unions, parties to this Agreement.
ARTICLE XXXII ASSIGNABILITY
------------- -------------
This Agreement shall be binding upon the parties hereto, their
successors and assigns.
ARTICLE XXXIII EFFECTIVE DATE
-------------- --------------
All the terms and conditions of this Agreement shall be effective as of
January 3, 1997, except as otherwise indicated.
ARTICLE XXXIV SEPARABILITY
------------- ------------
It is understood and agreed that if any provision of the Agreement or
the application of such provision to any person or circumstances shall be held
invalid, the remainder of this Agreement or the application of such provision to
other persons or circumstances shall not be affected thereby.
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ARTICLE XXXV POOL COMMISSIONS
------------ ----------------
All commissions on sales performed by managers, administrative staff,
and other salaried employees, shall go into a pool which shall be divided among
the Sales Associates who are present in the store at the time the sale was
written. The Employer shall furnish all Sales Associates a monthly statement of
all commissions on sales.
ARTICLE XXXVI GENERAL
------------- -------
All tickets shall be premarked in all stores.
The Employer shall appoint an ombudsman person to hear commission
grievances.
ARTICLE XXXVII SPECIAL SALE NOTICE
-------------- -------------------
The Employer shall notify its Sales Associates at least seventy-two (72)
hours in advance prior to any special sale during which the regularly scheduled
working hours have been changed.
ARTICLE XXXVIII SICK DAYS
--------------- ---------
The Employer agrees to grant to all Sales Associates hired prior to
January 3, 1991, seven (7) days sick leave with pay each year, provided that if
not used, the monetary equivalent of the unused portion shall be paid to the
Sales Associates before the end of the calendar year. A sick day shall be paid
at the rate of
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one (1) sick day equaling one (1) day of salary at base pay.
Sales Associates hired after January 3, 1991, and thereafter shall
receive the following sick days:
1st year of employment 3 days
2nd year of employment 5 days
5th year of employment 7 days
and thereafter
ARTICLE XXXIX RESELECTS
------------- ---------
A copy of all authorized reselects will be sent to the store where the
original purchase was made.
All authorized reselects will be handled by the "Up Person". The Sales
Associate that handles the customer writes the credit memo and the new sale. The
credit memo is written as an Unknown (House) and the new sale will be paid in
full to the new Sales Associate. If a reselect is handled by management, the
credit memo and the new sale will both be written as Unknown (House).
All authorized reselects are to be completed at all times even if the
original purchase was made in a different location. Customers are not to be
referred back to the original store of record. There will be no chargeback to
sales associates on a credit memo, except those caused by wrong merchandise
being delivered to the customer due to input errors, sales associate errors,
and/or incorrect pulls; along with mattress test rest.
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ARTICLE XL SERVICE CHARGEBACKS
---------- -------------------
The Employer agrees not to charge back Sales Associates for service
chargebacks after sixty (60) days of original delivery to the customer.
ARTICLE XLI PREPARATION TO WORK SALES FLOOR
----------- -------------------------------
A Sales Associate must have the following items with him/her and on
his/her person in order to work on the sales floor:
a) Name badge on lapel
-------------------
b) Pen
---
c) Copy of advertising notes
-------------------------
d) Tape measure
------------
ARTICLE XLII NO COMMISSION PAID/ONE YEAR RULE
------------ --------------------------------
No commission will be paid to a Sales Associate if either (i) the
merchandise is sold at lower than ticket price or (ii) the posted delivery
charge is not included in the sale, unless approved in writing by management.
The Sales Associate keeps the sale for one (1) year. However, a Sales
Associate who resigns or is terminated for any reason shall keep the sale for
one hundred twenty (120) days. After one (1) year in any event or one hundred
twenty (120) days, if the salesperson is no longer in the Company employ, the
total one hundred percent (100%) commission will be paid to a Sales Associate
who completes the sale.
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ARTICLE XLIII XXXXX CASH
------------- ----------
The Employer will provide a xxxxx cash box and adequate change.
ARTICLE XLIV PERFORMANCE CLAUSE
------------ ------------------
Each Sales Associate employed a minimum of one (1) year will be required
to ship at least fifty-five (55%) percent of the tenth highest sales shipper in
the Big Store, Middle Store or Small Store Category in a 12-month period. The
Sales Associates performance comparison will be determined by his/her store
category.
Big stores will be defined at the beginning of the Fiscal Year as those
stores doing 50% or more of the largest store's volume. Middle stores will be
defined at the beginning of the Fiscal Year as those stores doing less than 50%
of the largest store's annual shipped volume down to four million one
($4,000,001) dollars annual volume. Small Stores will be defined at the
beginning of the Fiscal year as those stores doing less than four million
($4,000,000) total annual shipped volume. New stores will initially be assigned
to Middle Store category. These categories will be posted annually at the
beginning of each fiscal year.
The Company will, on a quarterly basis, post in each store, 55% of the
tenth highest sales shipper's number for each of the three store categories.
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The Sales Associate will receive quarterly counseling and notification
prior, but in any event, will be counseled if he/she is below 55% of the tenth
highest shipper minimum. Starting with the fiscal year beginning May 1, 1997 and
ending April 30, 1998, at the end of the third quarter in a fiscal year any
Sales Associate who is below 55% of the tenth highest shipper minimum in his/her
category, upon his/her request, will be permitted to attend a sales training
program, to be provided by the Company, during his or her non-scheduled work
hours.
At the end of a fiscal year any Sales Associate who has failed to meet
the minimum performance standard for his/her category, upon his/her request,
will be permitted to attend a sales training program, to be provided by the
Company, during his or her non-scheduled work hours.
Should the Sales Associate fail to meet the minimum performance standard
for any two quarters in the following twelve-month period (fiscal year), he/she
may be discharged.
Any Sales Associate absent due to sickness or injury for 30 consecutive
days or more will have that amount of time added to the end of the fiscal year
in which the absence occurred for the purpose of determining his/her performance
clause status.
This performance clause does not apply to free standing clearance
centers.
32
ARTICLE XLV BEREAVEMENT PAY
----------- ---------------
The Employer shall pay up to three (3) consecutive days' pay at base
rate for those days scheduled to work to Sales Associate(s) who suffer a loss in
their immediate family. Immediate family shall be defined as Parent,
Grandparent, Spouse, Current In-law, Child or Sibling. In order to receive
payment, proof of death and relationship may be required.
ARTICLE XLVI CREDIT APPLICATION
------------ ------------------
The Company and Union agree that at least twice per month, dates to be
determined by management, the credit applications shall be handled by clerical
staff in the store. It is understood that no Sales Associate shall refuse to
handle a credit application in the event a clerical/service representative is
not available within a reasonable amount of time.
ARTICLE XLVII JOB DESCRIPTION
------------- ---------------
The Company and Union recognize that the primary responsibility of Sales
Associates is to consummate the sale. The parties recognize that other
reasonable non-sales responsibilities exist. Management retains its right to
continue to run its operation but realizes that reasonable non-selling
responsibilities shall not interfere with the selling process. Salespersons are
responsible for visual inspections and reports to management, but
33
are not responsible for unreasonable maintenance, e.g., changing/repairing
ceiling light bulbs, shoveling snow, taking out trash, cleaning toilets, etc.
The Company agrees to explain the above clause to its managers provided the
Union explains the above clause to its members.
ARTICLE XLVIII SHORTAGES
-------------- ---------
Sales Associates will not be required to personally reimburse the
Company for cash shortages. Management reserves the right to take appropriate
disciplinary action with just cause.
ARTICLE XLIX DURATION
------------ --------
The foregoing Agreement between the Employer and the Union shall
continue in full force and effect from January 3, 1997, and expire as of 11:59
P.M. on January 2, 2000, and shall be automatically renewed from year to year
thereafter unless at least sixty (60) days prior to any expiration date either
party desiring to terminate or modify this Agreement shall so notify the other
party in writing.
34
IN WITNESS WHEREOF, the parties have caused these presents to be signed.
XXXXXX FURNITURE COMPANY, INC. LOCAL 875, Affiliated with the
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND HELPERS OF
AMERICA
By:___________________________ By:___________________________
35
