Common use of Bargaining Unit Clause in Contracts

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 4 contracts

Samples: General Merchandise Agreement, Retail Food, Meat, Bakery, Candy and General Merchandise Agreement, General Merchandise Agreement

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Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as "leased departments"), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. G. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 4 contracts

Samples: Retail Food Agreement, Retail Food, Meat, Bakery, Candy and General Merchandise Agreement, Retail Food Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. G. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 3 contracts

Samples: General Merchandise Agreement, General Merchandise Agreement, Retail Food, Meat, Bakery, Candy and General Merchandise Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as "leased departments"), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 3 contracts

Samples: Retail Food Agreement, Retail Food Agreement, Retail Food Agreement

Bargaining Unit. Member Representatives The Authority agrees to recognize one (1. The Employer recognizes the Union ) bargaining unit member as the sole collective bargaining agent with respect to work, rates of pay, hours grievance chair and terms and conditions of employment one (1) alternate for the appropriate bargaining unit composed purpose of all employees, including employees of lessees, licensees processing grievances and concessionaires (sometimes herein referred to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain representing members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions pursuant to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations provisions of this Agreement. With respect to leased departments which are The Association will notify the Chief Operating Officer, or designee, and the Director of Human Resources, or designee, in existence as writing of the effective date names of the members and of any changes that may occur. Except as specifically set forth in this‌ Agreement, the their work hour The authorized chair in the abs bargaining unit member representatives may not conduct Association business30d6u0ri-n0g3 s. 18-MED-01-0001 function of the grievance chair and the named alternate, who shall serve as grievance ence or unavailability of the grievance chair, shall include the following: A. Representing a member or members at grievance meetings; B. Acting as liaison between the Authority and the Association or its members on matters concerning grievances and this Agreement; and C. Assisting the Association and the Authority on matters concerning this Agreement, this Paragraph 2 shall have no application to such leased departments including appropriate attendance at meetings mutually scheduled by the Authority and no claim of violation of this Agreement or any predecessor agreement the Association. The grievance chair shall be made released from his or maintained with respect her normal duties, upon approval of his or her superior officer, to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review participate in the courts, adjudges the said Paragraph 2, aforementioned duties without loss of pay or any part thereof, benefits. Such approval shall not be unreasonably withheld. The grievance chair may be recalled to be in conflict with his or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet her regular duties for the purpose of renegotiation and agreement on assisting in necessary police work. None of the said Paragraph 2duties of the grievance chair described herein may be conducted during overtime hours. The grievance chair or alternate may be released from regular duties consistent with the Department’s staffing needs, with pay, for attendance at Association-conducted or Association-sponsored training seminars and/or OPBA national or state conferences. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer release time shall not extend to or include or in any way involve any other segment. It is further agreed that exceed an aggregate of twenty-four (24) hours with reference to any segment pay per calendar year for both the Employer may join with any other employers in any collective bargaining negotiations covering such segment grievance chair and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segmentsalternate. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Bargaining Unit. 1. (2)1.1 The Employer recognizes City agrees to bargain exclusively with the Union in respect to employees of the City forming part of the Bargaining Unit so long as the sole collective Union remains the certified bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departmentsrepresentative. The employees included in the Bargaining Unit are all employees paid an hourly rate, including students and temporary employees performing Bargaining Unit work in Transit Operations, Transit Fleet Maintenance, and Transit Capital Projects & Facilities Management Branches except managerial and clerical staff, superintendents, supervisors, uniformed bus service supervisors, salaried instructors, security personnel and newly hired employees on initial training. The Parties acknowledge that the recent changes in the organizational chart of such leased departments the Transit Services Department were not intended in any way to alter or diminish the rights of employees subject to this collective agreement. As such, the parties agree that for the purposes of any and all seniority related articles contained within this collective agreement, the Materials Management Unit of OC Transpo shall be and remain members regarded as having the status of a single overall unit encompassing all Branch. (2)1.2 The City desires to retain as many of its employees at as possible in employment. To this end, the stores. This Agreement shall apply to all bargaining unit employees of such leased departmentsCity expresses the intention that wherever possible and consistent with efficient operations, except that if such leased department engages in a line of business which has not been historically and generally been the sole judgement of the type City, positions that may become vacant within the Bargaining Unit shall be filled from existing employees and kind engaged qualified persons from the Bargaining Unit’s inactive roll. (2)1.3 The City agrees that an employee shall have access to his or her work record at reasonable times, and in the presence of his or her Human Resources Consultant, in order to determine whether or not the entries therein are true and accurate. Should any entry not be true or accurate that entry will be removed from the file. If an employee’s work record has remained clear for a period of eighteen (18) months following an entry into the record, the City agrees that entries, which in the City’s sole opinion are of a minor nature, will be removed from the record without prejudice to the employee. (2)1.4 No employee shall be discriminated against and jeopardized in seniority standing or opportunity from promotion or suffer any loss of employment because of membership or activity in the Union. (2)1.5 The Union shall furnish the City with a list of its officers and shall notify the City promptly of any changes. (2)1.6 The Union may post notices of meetings, bulletins or other matters of interest to their members at such places as are agreed by the Employer through its groceryCity, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, provided that any document which is not merely an announcement of a meeting must be approved by the City before posting. (2)1.7 The City will provide a job description manual to the Union and the operator any amendments, additions or deletions as they occur. (2)1.8 The duties of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall Fare Inspectors will not be limited to the foregoing“Proof of Payment” (POP) buses. Fare Inspectors may be assigned, and the Employer shall not be liable for any breach of contract or failure of a leased department as required, to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3other Transit vehicles. It is recognized by agreed as a matter of clarification, that all aspects of fare collection and validation including the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision light rail component of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new transit system constitutes work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein Bargaining Unit and shall be bound performed by the terms of the arbitration awardBargaining Unit Members. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate (a) Where a full-time bargaining unit composed employee is absent from work for an extended period of all employeestime for any reason, including employees of lesseesmaternity/adoption leave and Workplace Safety and Insurance Board (WSIB) benefits, licensees and concessionaires (sometimes herein referred to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such where bargaining unit work shall becomes available on a special non-recurring project basis for a period of time not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires to exceed six (hereinafter referred to as leased departments6) shall be covered by this Agreementmonths, and the Employer will at all times exercise and retain full control wishes to have a part-time bargaining unit employee or a series of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all part- time bargaining unit employees of such leased departmentswork full-time hours on a temporary basis to cover for the absence, except that if such leased department engages in a line of business which has not been historically and generally been or the project as the case may be, the Manager, Human Resources of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery Hospital or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer his/her designate and the Union Chairperson or his/her designate will meet to discuss the Employer's proposal. The Union agrees that Paragraph 2 of this Section A is a single integral understanding it will not unreasonably withhold its consent to the proposal. Where both parties agree to the proposal, it will be implemented and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction the part-time bargaining unit employee or a decision employees who are scheduled to work the full-time hours during the course of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2absence, or any part thereofthe project as the case may be, will continue to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by under the terms of the arbitration awardpart-time bargaining unit collective agreement. In each case, a letter of notification confirming these arrangements will be signed by the Manager, Human Resources of the Hospital or his/her designate and the Chairperson of the Union or his/her designate, with the successful applicant being contacted only after the Chairperson of the Union or his/her designate has been notified. The term of six (6) months for the project may be extended by mutual agreement of the Union and Employer. 5. (b) The selection of the part-time bargaining unit employee or series of employees as the case may be, who are to work the full-time hours as agreed to in Article 2:01 (a) above, will be made by the Employer after consultation with the Union Committee Chairperson. (c) In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the no qualified part-time bargaining unit employee is interested in working fulltime hours on a relief basis to cover for the particular absence or project as defined hereinabove is composed of several segments consisting of food marketsthe case may be, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with hire from outside the Hospital and any other employers in person hired from outside shall be deemed to come under the part-time bargaining unit Collective Agreement irrespective of his/her hours of work. (d) The period of employment of any collective bargaining negotiations covering person hired from outside the Hospital to cover for the absence of a full-time employee will not exceed the absent full-time employee's time away from work. (e) It is understood that the person hired from outside will cease to be employed upon the end of the particular absence or project and such segment and may participate fully therein, including participation in any economic action, which may occur, release will not be subject to the limitations hereinabove set forth regarding noninvolvement of other segmentsa grievance or arbitration. 7. No restrictions (f) Any person hired from outside the Hospital shall have all rights to bid on any posted jobs under the Collective Agreement during the period that he/she is filling in for the absent employee or prohibitions shall be placed working on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control project, as the case may be. Should the issue arise where the person hired to fill the Employer. It project/absence bids and is understoodsuccessful in securing a vacancy, howeverthe transfer date will need to be negotiated with the Managers, employee and Union to minimize the impact on both units/ departments. (g) Where the employer determines under 2:01(a) that the work involved in the sale of such merchandise full-time vacancy will be performed filled with a series of part-time employees, such vacancies will be posted on the unit in accordance with this Agreementsix (6) week blocks stating a start and end date and the job number/line. Where there is more than one vacancy within a unit/department, each vacancy will be posted individually. The successful applicants will be scheduled on a rotational basis by seniority.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as "leased departments"), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. G. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties parties Article 1 1 shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 2 contracts

Samples: Retail Food Agreement, Retail Food, Meat, Bakery, Candy and General Merchandise Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as "leased departments"), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 2 contracts

Samples: Retail Food, Meat, Bakery, Candy and General Merchandise Agreement, Retail Food, Meat, Bakery, Candy and General Merchandise Agreement

Bargaining Unit. 1Section 2.01. The Employer recognizes the Union is recognized as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit unit, which is composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departmentsthe Company in all Pepco and heritage Pepco bargaining unit classifications at all work locations, regardless of the method of pay, excluding only confidential employees, security employees (guards), and professional, supervisory and management employees. Pepco heritage bargaining unit classifications are those bargaining unit classifications in PHI Service Company that were formerly in Pepco on the date immediately preceding the merger of Pepco and Conectiv (July 31, 2002). Section 2.02. Regular employees are employees whose employment is reasonably expected to be permanent at the time they are employed, and it is contemplated that they will work in each calendar week a normal workweek. Section 2.03. Temporary employees are employees whose employment is with the definite understanding that the employment is not of a permanent nature, but it is contemplated that they will work a normal workweek while employed. The employees Company will inform the Union of the employment and assigned Department of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator expected duration of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreementtheir employment. 3Section 2.04. It is recognized by Whenever the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction terms "employee" or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which "employees" are covered by this Agreement, for which wages are not specifically provided used in this Agreement, it is agreed that, should they shall refer only to employees in the parties bargaining unit as identified herein unless specifically stated otherwise. Section 2.05. Casual employees are employees who are employed to work part-time of less than a normal workday or a normal workweek. They may be unable assigned to reach agreement upon wages for such work, bargaining unit work but are not in the parties shall then submit the matter bargaining unit or subject to arbitration in accordance with Article 12 of this Agreement, notwithstanding . These employees will not in this situation any provisions instance deprive qualified regular employees of overtime work. The Company will inform the Union of the employment and assigned Departments of such employees. Section 2.06. Any existing bargaining unit job moved from bargaining unit to non- bargaining unit will be negotiated with the Union by the Company. Section 2.07. The Union and the Company shall keep each other informed as to the contrary contained therein and shall be bound by the terms of the arbitration awardindividuals authorized to act in Union-Management relationships. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6Section 2.08. It is recognized by the Employer continuing policy of the Company and the Union that the bargaining unit as defined hereinabove is composed provisions of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations this Agreement shall be conducted in each segmentapplied to all employees without regard to race, separate and apart from any color, religion, national origin, ethnicity, age, gender, disability, sexual orientation, veteran status or other segment and that any economic action undertaken condition protected by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segmentslaw. 7Section 2.09. No restrictions The use of the masculine or prohibitions feminine gender in this Agreement shall be placed on construed as including both genders and not as sex limitations unless the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this AgreementAgreement clearly requires a different construction.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment (2)1.1 An employee for the appropriate bargaining unit composed purpose of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined an individual engaged in the classifications described in Clause (2), Section 1, Subsection 1.2 – Bargaining Unit. The classifications relate to supervisory and non- supervisory personnel engaged in the repair and maintenance of all transit and related vehicles, stores, plant and building operations, as set forth in Appendix H. Food markets will be described by Job Descriptions. When changes are defined as those types of establishments covered by made to the collective bargaining Agreement identified as Retail FoodJob Descriptions, Bakery, Candy and General Merchandise Agreement, July 31, 1978 the City agrees to July 26, 1981consult with the Union. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred 2)1.2 The City agrees to as leased departments) shall be covered by this Agreement, and bargain exclusively with the Employer will at all times exercise and retain full control Union in respect to employees of the terms and conditions City forming part of employment within its stores of all employees of such leased departmentsthe Bargaining Unit so long as the Union remains the certified bargaining representative. The employees included in the Bargaining Unit are salaried employees of the Transit Fleet Maintenance Division employed in the following classifications: Garage Supervisor, Stores Supervisor, Technical Services Instructor, Work Study Technician, Job Planner, Vehicle Maintenance System Technician, Road Services Supervisor, Materials and Equipment Safety Instructor, Energy Systems Supervisor, Plant Supervisor and excludes Managers, Superintendents, office employees, and those currently represented in another Bargaining Unit. (2)1.3 No employee shall be discriminated against and jeopardized in seniority standing or opportunity for promotion or suffer any loss of employment because of membership or activity in the Union. (2)1.4 The Union, its members and agents, agree not to intimidate or coerce employees into membership. The Union also agrees not to engage in other activities on City time in such a manner that will interfere with all job functions being performed. (2)1.5 The Union will furnish the City with a copy of its constitution and by-laws together with a list of its officers and will notify the City promptly of any changes. (2)1.6 The City agrees to provide the Union with a bulletin board provided that use of such leased departments board shall be and remain members restricted to the posting of a single overall unit encompassing all employees at notices regarding the stores. This Agreement shall apply to all bargaining unit employees business affairs, meetings, social events of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator reports of the leased department shall meet various Committees of the Union. The Union agrees to submit copies of all materials which are to be posted or distributed on the property, other than notices of meeting, to the Director of Employee Relations for approval before posting or distribution. (2)1.7 The City will furnish the Union with a list of the supervisory personnel and negotiate appropriate wages for a complete Organization Chart once a year and will indicate by job titles the authorities of each person so listed. (2)1.8 At the time employees performing such workenter the Bargaining Unit, arrangements will be made to permit them to take two (2) hours paid time off to attend a Union orientation session. If The timing will be agreed to by the Union and the operator Employer. This will be arranged as not to interfere with training. (2)1.9 If a new job is created and falls within the scope of this agreement, the leased department Employer wi ll establish a rate of pay in conjunction with the Union. If the parties are unable to agree upon such appropriate wageson the rate of pay, an arbitrator the dispute shall be selected submitted to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions binding mediation/arbitration for resolution. The new rate will become retroactive to the contrary contained therein. The seniority of employees of leased departments shall be separate from time the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2new post was created. This Agreement with respect clause does not apply to said Paragraph 2 only, supersedes the provisions reclassification of Article 19existing job. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Collective Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. G. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Retail Food, Meat, Bakery, Candy and General Merchandise Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as "leased departments"), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Retail Food Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment (2)1.1 An employee for the appropriate bargaining unit composed purpose of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined an individual engaged in the classifications described in Clause (2), Section 1, Subsection 1.2 – Bargaining Unit. The classifications relate to supervisory and non- supervisory personnel engaged in the repair and maintenance of all transit and related vehicles, stores, plant and building operations, as set forth in Appendix H. Food markets will be described by Job Descriptions. When changes are defined as those types of establishments covered by made to the collective bargaining Agreement identified as Retail FoodJob Descriptions, Bakery, Candy and General Merchandise Agreement, July 31, 1978 the City agrees to July 26, 1981consult with the Union. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred 2)1.2 The City agrees to as leased departments) shall be covered by this Agreement, and bargain exclusively with the Employer will at all times exercise and retain full control Union in respect to employees of the terms and conditions City forming part of employment within its stores of all employees of such leased departmentsthe Bargaining Unit so long as the Union remains the certified bargaining representative. The employees included in the Bargaining Unit are salaried employees of the Transit Fleet Maintenance Division employed in the following classifications: Garage Supervisor, Stores Supervisor, Technical Services Instructor, Work Study Technician, Job Planner, Vehicle Maintenance System Technician, Road Services Supervisor, Materials and Equipment Safety Instructor, Energy Systems Supervisor, Plant Supervisor and excludes Managers, Superintendents, office employees, and those currently represented in another Bargaining Unit. (2)1.3 No employee shall be discriminated against and jeopardized in seniority standing or opportunity for promotion or suffer any loss of employment because of membership or activity in the Union. (2)1.4 The Union, its members and agents, agree not to intimidate or coerce employees into membership. The Union also agrees not to engage in other activities on City time in such a manner that will interfere with all job functions being performed. (2)1.5 The Union will furnish the City with a copy of its constitution and by-laws together with a list of its officers and will notify the City promptly of any changes. (2)1.6 The City agrees to provide the Union with a bulletin board provided that use of such leased departments board shall be and remain members restricted to the posting of a single overall unit encompassing all employees at notices regarding the stores. This Agreement shall apply to all bargaining unit employees business affairs, meetings, social events of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator reports of the leased department shall meet various Committees of the Union. The Union agrees to submit copies of all materials which are to be posted or distributed on the property, other than notices of meeting, to the Director of Employee Relations for approval before posting or distribution. (2)1.7 The City will furnish the Union with a list of the supervisory personnel and negotiate appropriate wages for a complete Organization Chart once a year and will indicate by job titles the authorities of each person so listed. (2)1.8 At the time employees performing such workenter the Bargaining Unit, arrangements will be made to permit them to take two (2) hours paid time off to attend a Union orientation session. If The timing will be agreed to by the Union and the operator Employer. This will be arranged as not to interfere with training. (2)1.9 If a new job is created and falls within the scope of this agreement, the leased department Employer will establish a rate of pay in conjunction with the Union. If the parties are unable to agree upon such appropriate wageson the rate of pay, an arbitrator the dispute shall be selected submitted to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions binding mediation/arbitration for resolution. The new rate will become retroactive to the contrary contained therein. The seniority of employees of leased departments shall be separate from time the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2new post was created. This Agreement with respect clause does not apply to said Paragraph 2 only, supersedes the provisions reclassification of Article 19existing job. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Collective Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as "leased departments"), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. F. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 1978, to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Retail Food Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as "leased departments"), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for 112 any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Retail Food, Meat, Bakery, Candy and General Merchandise Agreement

Bargaining Unit. 1. The Employer recognizes That subject to such alterations and deletions as are for in Clause the City acknowledges that the Union as shall be the sole collective bargaining agent with respect for bargaining purposes for all employees from time to work, rates time of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as “leased departments”), except as limited belowCity, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer came within the jurisdiction Unit of the Local Union. The jurisdiction of the Local Union such employees described as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy follows and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by namely all employees, male and female, whose positions are set forth in Schedule hereto annexed and part of this Agreement, under the heading and the Employer will at all times exercise and retain full control employees of the terms Planning and conditions Development Department, save and except the Executive Supervisors, Secretary to the Commissioner of employment within its stores Planning and Development, Secretary to The Planning Board, Programme Managers, and those above the position of Manager, Co-ordinator Disabled and Elderly, Co-ordinator Special Studies, Community Development Co-ordinator, Development Officer Business Improvement, Development Community Renewal, Industrial Liaison Manager, excluding, however, the positions of all employees of such leased departmentsthe City who are employed from time to time in the Mayor's Office, the Office of the Executive Committee, the Office of Labour Relations, the Personnel Services Division of Management Services Department, the one employee who performs stenographic or secretarial duties for each Head of a Department, the Deputy City Solicitor and the Corporation Counsel. The PROVIDED THAT any new positions created in the Personnel Services Division of Management Services Department on or after August shall be reviewed for compliance with the Definition of Employee provision of the Labour Relations Act, amended. That except where otherwise expressly stated, the word wherever used this Agreement, shall mean an employee of City coming within the Unit, in Permanent or Temporary Service" class of employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departmentsCity, except that if such leased department engages in a line of business which has not been historically and generally been who is on the active payroll of the type City who works full-time or (less than 35/40 hours per week or hours per day). That the event of the City altering the classification of or establishing a new classification for any employee or any group of employees, the City shall advise the Union of the proposed wage or salary rate therefor, and kind engaged in such proposed wage or salary rate may be grieved by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 event of this Agreementthe City establishing a new classifi- cation for any employee or any group of employees, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments Schedule hereto shall be separate from amended accordingly. That whenever the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer City establishes a new department position or creates new work classification which, in any the opinion of the stores or establishments operated by Union, comes within the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such workUnit, the parties shall then submit question as to its inclusion in or exclusion from the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and Unit shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount storesmutual agreement or, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale absence of such merchandise will be performed agreement, by arbitration as provided for in accordance with this Agreementsub-clause hereof.

Appears in 1 contract

Samples: Collective Agreement

Bargaining Unit. 12.1 The bargaining unit is comprised of all the employees on the plant payroll, as distinguished from the office payroll, with the exception of: (a) Watchmen (b) Assistant forepersons and those above the rank of assistant foreperson (c) Employees represented by any certified bargaining agent other than the Union 2.2 It is generally the practice of the Company to have work within the plant performed by employees of the Company. The Employer recognizes the Union However, because of reasons such as the sole collective bargaining agent with respect to availability of skilled employees, complexity of the work, rates the cost of payequipment required to do the work in relation to its use, hours the scope of the work, the duration and terms and conditions frequency of employment for the appropriate bargaining unit composed of all employeeswork, including the cost to have the work performed by employees of lesseesas compared to other alternatives, licensees and concessionaires (sometimes herein referred it may become necessary to as “leased departments”), except as limited below, who have the work within the plant performed by outside contractors. Where outside contractors perform work within food markets, discount stores, drug stores the plant and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to such work represents a material change in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all practice creating an adverse effect on present employees of a group affected by such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages material change in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such eventpractice, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall matter may be selected to hear and determine the dispute with respect to such matter, in accordance with processed as a grievance under Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations 4 of this Agreement. With respect Should the grievance be referred to leased departments which are an Arbitration Board as provided under Article 5, the Arbitration Board will consider the reasons mentioned in existence as the first paragraph of this article in its determination of the effective date use by the Company of such outside contractors and where the Arbitration Board determines that the use of such outside contractors does create such an adverse effect, the Company will, within a reasonable period, either discontinue the work or have it performed by employees. The foregoing shall not apply to the cafeteria and to construction and installation work. The Company may introduce work utilizing Company employees on a trial or test basis. If the result of such an experiment indicates that, for reasons set out in the first paragraph of this Agreementarticle, the work should be transferred to an outside contractor, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall not be made or maintained with respect to any such leased departments construed as being a change in existence as of the effective date of this Agreementgeneral practice. 3. It is recognized 2.3 The Company agrees that forepersons and those above the rank of foreperson and, unless otherwise mutually agreed, an assistant foreperson, appointed to a newly created assistant foreperson position on or after October 28th, 1966, shall not assume duties that are normally performed by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreementemployees except where such duties are limited to occasional work, and further agreed that if and when a final decision negligible in amount, but such foreperson or assistant foreperson shall in no way be restricted from work which: (a) Is of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet confidential clerical nature; (b) Is for the purpose of renegotiation instruction, experimentation, demonstration, investigation, and agreement on replacement of an employee absent from his/her job during the said Paragraph 2day, sharpening knives or coping with an emergency. This Agreement with respect An emergency as herein contained shall not be construed as including work resulting from additional volume; (c) Is to said Paragraph 2 only, supersedes overcome production difficulties caused by the provisions absence of Article 19. 4an employee. In such cases, the event that Company will advise the Employer establishes a new department or creates new work in any Union as to the absence of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein employee and shall be bound by the terms of the arbitration awardwill obtain a suitable replacement within one-half (1/2) day. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Collective Agreement

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Bargaining Unit. 1. The Employer Board recognizes Local of the Canadian Union of Public Employees as the sole collective and exclusive bargaining agent agency for all of its employees for whom it has been certified as the bargaining authority by the Labour Relations Board of British Columbia, and hereby agrees to negotiate with respect the Union, or any of its authorized committees, concerning all matters affecting the relationship between the parties aiming towards a peaceful and amicable settlement of any differences that may arise between them. Managerial or Confidential Employees The following positions are mutually recognized to workbe excluded from the bargaining unit: Secretary-Treasurer Comptroller Administrative Assistant to Superintendent Manager of Services Manager of Maintenance Services Office Manager Executive Secretary to the Secretary-Treasurer Xxxxxxxxx Administrator Regular Full-time, rates Regular Part-time, Seasonal and Temporary Employees The provisions of paythis agreement recognize all regular employees, hours seasonal employees, and terms and conditions temporary employees with seniority rights unless specified otherwise. Certain provisions of employment this Collective Agreement recognize temporary employees with the exception of provisions that only recognize regular employees, seasonal employees, and/or temporary employees with seniority rights. Government Grants The Union recognizes the Board’s application for government sponsored work programs. Salaries or wages paid to employees hired under these programs will be established by the appropriate bargaining unit composed program sponsor. The Union will receive a copy of all employees, including contract applications related to these government work programs. There will be no reduction in hours or layoffs of existing employees that will occur because of lessees, licensees and concessionaires (sometimes herein referred such programs. Board Shall N o t Discriminate The Board subscribes to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction principles of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this AgreementHuman Rights Act, and the Employer there will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery no discrimination exercised or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement practised with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review employee in the courtsmatter of hiring, adjudges the said Paragraph 2wage rates, training, upgrading, promotion, transfer, layoff, discipline, discharge, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2other matter. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Discrimination re Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer Activity The Board shall not extend to discriminate against an employee because of involvement or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved non-involvement in the sale of such merchandise will be performed in accordance with this Agreement.Union. Sexual Harassment

Appears in 1 contract

Samples: Collective Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as "leased departments"), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. G. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Retail Food Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as "leased departments"), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. F`. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Retail Food Agreement

Bargaining Unit. 1. Employees Included The Employer recognizes bargaining unit includes employees occupying jobs in the individual bargaining units set forth and described in Appendix A of this Agreement and the employees of any location of the Company at which metal cans are manufactured (including composite can manufacturing plants and master plate manufac- turing plants and equipment manufacturing plants), but excluding paper products, plastics, flexible packaging, and glass plants for whom the Union may during the life of this Agreement be certified or Should the Union be cer- tified or as the sole collective bargaining agent for any unit of the Company at a paper products plant, plastics, flexible packaging, or glass the parties will negotiate concerning whether such unit will become a unit of the Canadian Master Agreement and as to the terms and conditions with respect to work, rates of pay, hours and terms and of work or other conditions of employment for which are to apply to such unit. No Bargaining with Other Groups During the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction period of the Local Union. The jurisdiction present Agreement the Company agrees not to bargain with any other group regarding rates of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types pay, hours of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and other conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, . Work by Excluded Persons (a) Persons whose regular jobs are not in the bargaining unit will not work on any jobs for which wages rates are not specifically provided in established by this Agreement, it except for purposes of instruction, experimenting, or in emergencies when regular employees are not available. The basic responsibility of supervisory employees is agreed thatthe effec- tive direction of the employees in their assigned groups. It is not the Company’s policy or desire to have a supervisory employee perform any other function than that for which he is held responsible -- the effective direction of the group of employees under his supervision. Grievances arising over an alleged violation of this clause must be filed within eight work days of the occurrence for Production and Maintenance units and five work days of the date on which the occurrence becomes known for the Office Clerical units and will be heard initially in the Second Step of the Grievance Procedure. If the Company agrees at any step of the Grievance Procedure that there has been a violation of this Section by any persons whose regular job or jobs are not in the bargaining unit and who are acting under the direction of super- vision, should or if the parties be unable to reach agreement upon wages for such workarbitrator so determines, the parties shall then submit employee who would have performed the matter work will receive a reasonable award. In any event the award will be no less than four hours pay. In view of the Company’s Supervisory Training Program, it may be necessary for the Company to arbitration place in accordance certain loca- tions persons with Article 12 training or education as sales, staff, engineering or manufacturing trainees. Such trainees are not under the scope of this Agreement, notwithstanding but may during their course of training perform work in this situation any provisions classification covered by the bargaining unit. An employee who would otherwise be working on the job being performed by a Supervisory Trainee will “stand by” while his job is being performed. If the regular employee is assigned by Local Management to instruct the Supervisory Trainee, the Instructor’s rate will apply in accor- dance with Section during the time he is assigned to work as an Instructor. The Local Union will be notified of all Supervisory Trainees in a plant and their schedules. Contracting Out The Company not intend to subcontract work if such work can be performed by employees presently at work or by employees who might be on layoff at the time such work is nec- xxxxxx and we hereby agree that before any work is contracted out in the future Local Management will discuss its intentions with the Local Union Committee. In such discussions the Company will explain its reasons for its tentative decision to sub-contract such work and give the Local Union an opportuni- ty to suggest ways in which the work might otherwise be per- formed. The Company will give to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction sug- gestions of the Local Union, the appropriate terms and conditions of employment, before making its final decision as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to whether or not such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.work

Appears in 1 contract

Samples: Master Agreement

Bargaining Unit. 1. (a) The Union and the Employer recognizes agree that the Union as general purpose of this Agreement is to: promote cooperation and harmony; recognize mutual interests; promote a channel through which information and problems may be transmitted from one to the sole collective bargaining agent with respect other; formulate rules to workgovern the relationship between the Employer and the Union; promote efficiency and service; prevent strikes, lockouts and other work stoppages; to set forth herein the basic Agreement and undertaking covering rates of pay, hours and terms of work, grievance procedures. other working conditions and conditions of employment of the employees in the classifications listed in the addenda and wage scales attached hereto. (b) The Union is hereby designated as the sole and exclusive collective bargaining agent for any and all employees who, during the term of this agreement, work for the appropriate bargaining unit composed Employer in the classifications of all employeescrew chiefs, including employees messengers, drivers, guards and ATM technicians in the Province of lessees, licensees and concessionaires (sometimes herein referred to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981Nova Scotia. 2. (a) All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all regular full-time employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new who work in any of the stores classifications listed below shall become members of the Union within thirty (30) days after being employed. All such employees shall maintain their membership in good standing for the term of this Agreement. Notwithstanding the foregoing, when it is necessary to use additional employees for peak work, unanticipated emergencies or establishments operated contingencies, the Employer may utilize non union personnel to help who shall not be required to join the Union, provided there are no bargaining unit employees immediately available. Nothing herein shall be construed to prohibit branch management from performing bargaining unit work however this will not be at the expense of declaring a full time vacancy under 6.02(b). (b) All regular full-time employees who are absent from work due to sickness or injury for a period of three (3) months, shall contact the Union and request a withdrawal card. Failure to do so will put the employee in suspension. (a) All regular Part-time employees who work in any of the classifications listed below shall become members of the Union within thirty (30) days after being employed. All such employees shall maintain their membership in good standing for the term of this Agreement. Part-time employees who shall work twenty-four (24) or more hours in any month shall contribute to the Union during the following month an amount equal to the monthly dues paid by full-time members of the Union. (b) All part-time employees who are absent from work due to sickness or injury for a period of three (3) months, shall contact the Union and request a withdrawal card. Failure to do so will put the employee in suspension 1 04 (a) All new employees shall be hired on a one hundred and eighty (180) day probationary basis during which time their employment may be terminated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound without further recourse by the terms of the arbitration awardUnion. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Collective Labour Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as "leased departments"), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Retail Food, Meat, Bakery, Candy and General Merchandise Agreement

Bargaining Unit. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as "leased departments"), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. F. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 1978, to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees licensees, and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Retail Food Agreement

Bargaining Unit. 1. The Employer recognizes Hospital the Union as the sole collective exclusive bargaining agent with respect for all employees of the St. General Hospital involved in what is generically called support excluding any employees covered by existing Manitoba Labour Board Certificates Nos. and Within thirty calendar days of the signing of this Collective Agreement, the Hospital agrees to workprovide to the Union, rates a list of payall non-union positions within the Hospital. The list will be done by Department, hours and terms and conditions identifying the title of employment for the appropriate position(s) as well as the name(s) of the incumbent(s) who are currently occupying the position(s). The Hospital will identify on the list, which positions they agree can be included into the bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Unionwhich ones they believe should remain excluded. The jurisdiction Hospital and the Union shall meet to discuss the list and should a dispute arise as to the inclusion or exclusion of any position(s) the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departmentsmatter(s) shall be covered referred by this Agreement, and either party to the Employer will at all times exercise and retain full control of Manitoba Labour Board for determination as to the terms and conditions of employment within its stores of all employees inclusion or exclusion of such leased departmentsa position. The employees of such leased departments shall be and remain members Where the parties agree to the inclusion of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such eventposition, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If incumbent will have an opportunity to join the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained thereinon a voluntary basis only. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to Any employee who voluntarily joins the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With will then be covered in every respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by under the terms of the arbitration award. 5Collective Agreement. In Employees who choose not to join will in any respect under the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction terms of the Local UnionCollective Agreement and will not pay any Union dues. employee, hired after incumbent has left or new into additional vacancies in the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, agreed upon classifications shall be immediately applied by required to join the signatory EmployerUnion and pay dues. Upon failure of When the parties matter proceeds to agree the Manitoba Labour Board for a ruling on the wage rates, inclusion or exclusion of a position and where the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union Board rules that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segmentsposition should be included, it is agreed that negotiations the incumbent(s) will have an opportunity to join the Union on a voluntary basis only. An employee who voluntarily joins the Union will then be covered in every respect under the terms of the Collective Agreement. Employees who choose not to join the Union will not be covered in any respect under the terms of the Collective Agreement and will not pay dues to the Union. employee hired after the afore-noted incumbent(s) has left or new into additional vacancies, in the ruled upon classifications shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by required to join the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segmentspay dues. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Collective Agreement

Bargaining Unit. 1. A. The Employer Bridgeport Exempted Village School Board of Education, hereinafter referred to as the employer, recognizes the Union Bridgeport Association of Classified Employees (BACE) as an affiliate of the Ohio Education Association (OEA) and the National Education Association (NEA), hereinafter referred to as the Union, as the sole collective and exclusive bargaining agent with respect to work, rates of pay, hours representative for all the employees employed and terms and conditions of employment for the appropriate defined in subsection B. B. The bargaining unit composed includes all full-time and part-time non-certified employees who are employed and perform duties as Aides, Cooks, Bus Drivers, Custodians, Maintenance, and Secretaries, but excluding casual employees and supervisors, management level, and confidential employees as provided in O.R.C. 4117. C. Specifically excluded from the bargaining unit are Supervisor of all employeesMaintenance, including employees of lesseesCustodial, licensees and concessionaires (sometimes herein referred Building and Grounds, Treasurer, Transportation Supervisor, Cafeteria and Food Service Director, Secretary to the Superintendent, and the Administrative Secretary. D. Any newly-created non-management position(s) will be bargained as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned to whether or operated by not that position shall be included in or excluded from the Employer within Unit. Disputes shall be submitted to the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to arbitration procedure specified in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy agreement for final and General Merchandise Agreement, July 31, 1978 to July 26, 1981binding arbitration. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such E. No bargaining unit work shall be performed by temporary, casual employees or volunteers to reduce the regular hours of any bargaining unit member. When the Board wants to create a position, but is not sure that it is sustainable beyond the school year in question, the Association and the Board will negotiate a Memorandum of Agreement to create the position and fill it for a one-year term with a contract employee who is not in the bargaining unit. After the one-year term, if the position is to be subcontractedcontinued, except it must be posted and filled as provided hereina bargaining unit position. F. The parties recognize that, based upon past practice, the Board employs three (3) aides through its designated Educational Service Center, which said positions are not included in the bargaining unit. Employees of lesseesThe parties agree that, licensees and concessionaires when the current individuals employed in those aide positions no longer serve in their respective position (hereinafter referred to as leased departments) shall be covered by this Agreementthrough retirement, reduction in force, resignation, or termination, etc.), and the Employer will at all times exercise and retain full control of Board decides to employ another individual as a replacement for the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such eventposition, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable aide positions will be added to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed at that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segmentstime. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Master Agreement

Bargaining Unit. 1. (a) The Union and the Employer recognizes agree that the Union as general purpose of this Agreement is to: promote cooperation and harmony; recognize mutual interests; promote a channel through which information and problems may be transmitted from one to the sole collective bargaining agent with respect other; formulate rules to workgovern the relationship between the Employer and the Union; promote efficiency and service; prevent strikes, lockouts and other work stoppages; to set forth herein the basic Agreement and undertaking covering rates of pay, hours and terms of work, grievance procedures, other working conditions and conditions of employment of the employees in the classifications listed in the addenda and wage scales attached hereto. (b) The Union is hereby designated as the sole and exclusive collective bargaining agent for any and all employees who, during the term of this agreement, work for the appropriate bargaining unit composed Employer in the classifications of all employeescrew chiefs, including employees messengers, drivers, guards and ATM technicians in the Province of lessees, licensees and concessionaires (sometimes herein referred to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981Nova Scotia. 2. (a) All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all regular full-time employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new who work in any of the stores classifications listed below shall become members of the Union within thirty (30) days after being employed. All such employees shall maintain their membership in good standing for the term of this Agreement. Notwithstanding the foregoing, when it is necessary to use additional employees for peak work, unanticipated emergencies or establishments operated contingencies, the Employer may utilize non union personnel to help who shall not be required to join the Union, provided there are no bargaining unit employees immediately available. Nothing herein shall be construed to prohibit branch management from performing bargaining unit work however this will not be at the expense of declaring a full time vacancy under 6.02(b). (b) All regular full-time employees who are absent from work due to sickness or injury for a period of three (3) months, shall contact the Union and request a withdrawal card. Failure to do so will put the employee in suspension. (a) All regular Part-time employees who work in any of the classifications listed below shall become members of the Union within thirty (30) days after being employed. All such employees shall maintain their membership in good standing for the term of this Agreement. Part-time employees who shall work twenty-four (24) or more hours in any month shall contribute to the Union during the following month an amount equal to the monthly dues paid by full- time members of the Union. (b) All part-time employees who are absent from work due to sickness or injury for a period of three (3) months, shall contact the Union and request a withdrawal card. Failure to do so will put the employee in suspension. (a) All new employees shall be hired on a one hundred and twenty (120) day probationary basis during which time their employment may be terminated by the Employer which are covered without further recourse by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, Union. (b) For the parties shall then submit the matter to arbitration in accordance with Article 12 purposes of this Agreement, notwithstanding in this situation agreement new employees shall include but not be limited to: new hires; any provisions regular full-time employee returning to the contrary contained therein and shall be bound by the terms work after an approved leave of the arbitration awardabsence of Six (6) months or more. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Collective Labour Agreement

Bargaining Unit. 1. The Employer recognizes the Union Unite Here International Local as the sole and exclusive collective bargaining agent with respect to workand representative for all of the employees employed in maintenance and plant operations, rates save and except Clerical and Staff and Supervisors and persons above the rank of paySupervisor. For greater clarity, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as “leased departments”), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer following classifications and/or positions fall within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy unit: Caretaking Staff: Caretaker Head Caretaker (Elementary) Head Caretaker (Secondary) Staff: Technician Xxxxxxxxx Electrician General Maintenance Worker General Maintenance Locksmith Maintenance Technician (Small Engines) Plumbing Technician All existing and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of future employees of the Employer falling within the scope of this agreement shall as a condition of employment become members of the Union. All employees covered by this collective agreement will be required to pay union dues. At the time of hire, each new bargaining unit employee shall: a) be advised that the workplace is unionized, that he is required to be a member of the union and that union dues will be deducted from his pay, and be provided with a copy of this agreement, and be provided with the employees Union’s information package, which shall include a check-off form. Said form must be completed as part of other leased departmentsthe documentation. Said package with forms shall be provided to the employer by the Union. The obligation Employer shall provide the Union with the name, address, telephone number, employee number and work location of all new employees hired within ten (1 O) days of the Employer under employee’s date of hire. List of Membership Within thirty (30) days of the signing of this Agreement with respect to any leased department shall be limited to the foregoingagreement, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to provide the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreementnames, this Paragraph 2 shall have no application to such leased departments addresses, telephone numbers and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet employee number for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the all existing bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segmentsemployees. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement.

Appears in 1 contract

Samples: Collective Agreement

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