Common use of RECOGNITION AND CONTRACT COVERAGE Clause in Contracts

RECOGNITION AND CONTRACT COVERAGE. (a) The Union is hereby recognized as the sole col­ lective bargaining agency for an appropriate unit con­ sisting of all employees working for the Employer within the jurisdiction .of the Union (Referred to in the Pre­ amble above), except m eat cu tters, apprentices, and other meat department employees. Store managers who are supervisors within the mean­ ing of Section 2 (11) of the National Labor Relations Act, as amended, and other persons classified by the Employer as supervisors under the law, are specifically excluded hereunder and none of the terms of this agreement shall be applicable to such supervisors. (b) All work and services (not defined as supervisory, under Section 2 (11) N.L.R.A.) connected with or inci­ dental to the handling or selling of all merchandise of­ fered for sale to the public in the Employer’s retail estab­ lishment shall be performed only by employees within the appropriate unit as defined in this agreement; except such work as may be performed by employees working exclusively in the meat department and who are engaged in handling, cutting, selling, processing, wrapping, or displaying meat, poultry, sausage or fish, fresh, frozen, chilled or smoked, in said department; and such work as is performed under prevailing practices within the juris­ diction of Local 588 as outlined in sub-section (a) of this section at the point of delivery by a driver-salesman engaged in servicing the retail markets with merchandise directly from the delivery vehicle. This provision shall be subject to the following addi­ tional conditions: (1) It is agreed that single owners or bonifide part­ ners with forty percent (40 % ) or more interest in the business shall be exempt from the provisions of this agree­ ment and there shall be no restrictions on their work. Before recognizing any partnership as herein provided, the Union may demand proof of said partnership and such proof must be sufficient in the judgment of the Union and the Employer Association. (2) The existing practices and policies of the Em­ ployer with resp ect to the non-supervisory work per­ formed by the overall supervisory store manager in stores where the owner is not actively engaged on the premises shall continue in effect, and no more non-supervisory work as hereinabove defined shall be performed by such manager than has customarily been performed in the past under such practices or policies. (3) Employers who elect to designate supervisors in their stores who shall be excluded from coverage by this agreement, shall keep the Union supplied with an up- to-date list of the names of such supervisors; provided that, if the Employer desires to exclude only the overall supervisory manager of each store, a notification to the Union of this fact shall satisfy the requirements of this sub-section. (4) This agreement shall not include or apply to any existing classifications of employees who have been here­ tofore excluded from contract coverage by the parties.

RECOGNITION AND CONTRACT COVERAGE. (a) The Union is hereby recognized as the sole col­ lective collective bargaining agency for an appropriate unit con­ sisting consisting of all employees working for the Employer within the jurisdiction .of of the Union (Referred to in the Pre­ amble above)Union, except m eat cu ttersmeat cutters, apprentices, meat wrappers and other meat department employees. Store managers who are supervisors su­ pervisors within the mean­ ing meaning of Section 2 (11) of the National Labor Relations Act, as amended, and other persons classified clas­ sified by the Employer as supervisors under the law, law are specifically excluded hereunder hereunder, and none of the terms of this agreement shall be applicable to such supervisors. (b) All work and services (not defined as supervisory, supervisory under Section 2 2, (11) N.L.R.A.N.L.R.A) connected with or inci­ dental incidental to the handling or selling of all merchandise of­ fered xxxxxxx­ xxxx offered for sale to the public in the Employer’s retail estab­ lishment establishment shall be performed only by employees within the appropriate unit as defined in this agreement; except such work as may be performed by employees working exclusively ex­ clusively in the meat department department, and who are engaged in the handling, cuttingcut­ ting, selling, processing, wrapping, or displaying meatof fresh, frozen or processed meats, poultry, sausage or fish, fresh, frozen, chilled or smoked, fish and sea food pro­ ducts in said department; and except such work as is performed under prevailing pre­ vailing practices within the juris­ diction of Local 588 as outlined in sub-section (a) of this section San Francisco at the point of delivery by a driver-salesman engaged in servicing the retail markets with merchandise directly from the delivery a deliv­ ery vehicle. This provision shall be subject to the following addi­ tional additional conditions: (1) It is agreed that single Single owners or bonifide part­ ners with forty percent (40 % ) two bona fide partners each holding an equal inter­ est in a grocery or more interest in delicatessen store of an equal partnership are not re­ stricted by this agreement as to the business shall be exempt from the provisions amount of this agree­ ment and there shall be no restrictions on their work. Before recognizing any partnership as herein provided, the Union non-supervisory work they may demand proof of said partnership and such proof must be sufficient in the judgment of the Union and the Employer Associationperform. (2) The existing practices and policies of the Em­ ployer with resp ect to the non-supervisory work per­ formed by the overall supervisory store manager in In stores other than Safeway that have operated since February 1, 1955, where the owner is not actively engaged on the premises shall continue in effectpremises, the existing practices and no more policies, as determined at said time by the joint Union-In­ dustry survey conducted by Xxx Xxxxx with respect to non-supervisory work performed by the over-all supervisory store manager shall remain in effect; and further, as hereinabove defined to any store opening after said date a similar survey at the Union’s option during the second thirty days of operation of such stores shall determine the amount of such non-supervisory work that may be performed by such the over-all supervisory store manager. With respect to Safe­ way, existing company policy provid­ ing that the primary function of the over-all supervisory location manager than has customarily been performed in is to manage the past under such practices or policies. (3) Employers who elect Employer’s retail es­ tablishment and to designate supervisors in their stores who shall be excluded from coverage by this agreementdirect the work of the employees therein, shall keep the Union supplied with an up- tocontinue to be observed. The over-date list of the names of such supervisors; provided that, if the Employer desires to exclude only the overall supervisory all super­ visory location manager of each store, a notification to the Union of this fact shall satisfy the requirements of this sub-section. (4) This agreement shall not include or apply to any existing classifications of employees who have been here­ tofore excluded from contract coverage by the parties.be