RECOGNITION AND JURISDICTION The Employer recognizes the Union as the sole and exclusive collective bargaining agent for all employees who are engaged in the receiving, cutting, grinding, slicing, curing, displaying, preparing, processing, seal ing, wrapping, bagging, pricing, prefabricating and selling of all meat products, sausage, poultry, rabbits, fish and seafood products, canned hams, bacon, pork loins and picnics, whether such products are fresh, frozen, chilled, cooked, cured, smoked or barbecued, including those employees operating equipment used in wrapping, cubing, tenderizing of such meat products ( and who perform their duties in all areas where such M products are prepared, displayed and offered for retail 3 sale in service or self-service cases located in retail markets that are presently owned, leased, acquired, operated or supervised "by -the Employer during the period of this Agreement. All services as indicated .above shall be performed by employees covered by this Agreement. *■ The foregoing provision is not intended and will not be interpreted to prevent Employer from follow ing practices in or out of its stores which have been followed in the past by a store covered by a Greater Kansas City Retail Meat Cutters Contract, which ex pired October 3, 1965, and it is not intended by this provision to prevent the Employer from cutting, pack aging or otherwise handling meat at a central point in Greater Kansas City if the work previously per formed at the Employer’s store would be performed by members of the Union under a contract stipulating the rates provided for in this contract with hours and working conditions tailored to fit the operation. It shall not be required to price merchandise which has only a UPC label on it in stores equipped with scanners. The above language does not allow use of pre-priced merchandise with a price stated in dollars or cents but does allow sale of merchandise with only the UPC label imprinted by the supplier or manufac turer. Meat merchandisers and meat supervisors may handle the product when working along with a meat cutter for the purpose of training and supervision within store.
Governing Law; Venue and Jurisdiction THIS DPA WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF THE LEA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. EACH PARTY CONSENTS AND SUBMITS TO THE SOLE AND EXCLUSIVE JURISDICTION TO THE STATE AND FEDERAL COURTS FOR THE COUNTY OF THE LEA FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS DPA OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Governing Laws and Jurisdiction This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shall be brought in Sacramento County, California.