COLLECTIVE BARGAINING AGREEMENT BETWEEN INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 68-68A-68B, AFL-CIO AND TROPICANA CASINO AND RESORT Site: Atlantic City, NJ MAY 1, 2006 — APRIL 30, 2011
EXHIBIT
10.23
BETWEEN
INTERNATIONAL UNION OF OPERATING
ENGINEERS
ENGINEERS
LOCAL 68-68A-68B, AFL-CIO
AND
TROPICANA CASINO AND RESORT
Site: Atlantic City, NJ
MAY 1, 2006 — APRIL 30, 2011
AGREEMENT made and entered into , by and between TROPICANA CASINO AND RESORT , Iowa Avenue and
Boardwalk, Atlantic City, New Jersey, hereinafter referred to as “Employer,” “Casino,” or “Hotel,”
and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 68-68A-68B, AFL-CIO, 00 Xxxxxxxxx Xxxxx, Xxxx
Xxxxxxxx, Xxx Xxxxxx, hereinafter referred to as the “Union.”
WITNESSETH
WHEREAS, the parties hereto desire to cooperate to stabilize labor relations by establishing
general standards of wages, hours, and other conditions of employment, and to insure the peaceful,
speedy, and orderly adjustment of differences that may arise from time to time between Employer and
its employees, without resort to strikes, lockouts, boycotts, slowdowns or other economic
interferences with the smooth operation of the Hotel business of the Employer.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties
hereto agree as follows:
ARTICLE I — RECOGNITION
1. Employer recognizes the Union as the sole and exclusive collective bargaining representative of
the following employees employed by the Employer in Atlantic City, New Jersey.
(a) Stationary Engineers ( ie., those employees responsible for successful operation and
ordinary maintenance of steam boilers, irrespective of pressure, steam, or gas
or electrical engines; refrigeration and air conditioning equipment; and auxiliary power plants).
(b) Maintenance Mechanics ( ie., those employees responsible for the general repair and
maintenance of the Hotel facilities and appurtenances ).
(c) C Mechanics ( ie., those employees responsible for general policing, cleaning and
maintenance of gardens and interior plants; external grounds, walks, drives, streets contiguous to
the properties, garages, rooftops, and thoroughfares; operates hand tools and equipment to
accomplish same; performs casual labor, including, but not limited to, changing filters and light
bulbs and delivering supplies and materials; driving vehicles and removing snow, utilizing other
than ride-on equipment, and other duties not requiring the special training and experience of a
skilled journeyman ).
2. (a) It is further understood and agreed that reconstruction, maintenance, renovation, alteration
and/or rehabilitation of the Hotel and its facilities and appurtenances are covered by this
Agreement, when the Employer considers it feasible. The Hotel expressly reserves the right to have
such work performed in such manner and by such employees, as may be furnished by a subcontractor
who customarily engages in such types of work, and who has or will become signatory to an Agreement
with the respective trade that will be performing said work.
During the term of this Agreement, if work is outsourced to Atlantic Thermal Systems, the Hotel
agrees to require Atlantic Thermal Systems to abide by the terms of the agreement reached between
Atlantic Thermal Systems and Local 68 for Xxxxx Plaza’s operations.
(b) The parties specifically agree that Article 1, Section 2(a) shall not apply to the business
operations of any person or entity occupying space pursuant to a lease, contract, sublease,
subcontract or other agreement with the Employer entered into prior to the effective date of this
Agreement (such leases, contracts, subleases, subcontracts or agreements being referred to herein
as the “Existing Contracts”) nor to the space they are occupying or will occupy, provided that the
square footage of such location or relocation may not be expanded by more than twenty-five percent
(25%) of the present square footage occupied or to be occupied. The foregoing sentence shall apply
to the Existing Contracts notwithstanding that the space to be occupied under the Existing Contract
has not yet been
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built out, occupied or opened for business and to any Assignees, Subtenants, or replacement tenants
subsequently occupying the space and shall continue for the duration of any renewal or extension of
the term of such Existing Contract or any replacement contract. This exclusion shall further apply
to any extensions or modification of any Existing Contract, including without limitation those
modifications which may involve assignment of an Existing Contract, tenant relocation or the
expansion of space occupied pursuant to an Existing Contract. Article 1, Section 2(a) does not
apply to space occupied by health club, spa or salon operations, food, snack or beverage operations
commonly referred to as “fast food” operations and retail operations in general which space is
leased, contracted or subcontracted to third parties. The parties have agreed to a side agreement
where future leased space would also be exempt from the provisions of Article 1, Section 2(a). All
other space leased or subcontracted after the effective date of Agreement not described in this
Section 2(b) shall be covered under Article 1, Section 2(a).
(c) The Tropicana agrees that after an initial start up period to offer its tenants major repair
and maintenance of the electrical, steam, gas, water, sewer, HVAC and alarm systems (collectively
Base Systems) to the extent (l) such type of work is performed by bargaining unit employees at its
property consistent with Section 2(a) and (2) it is the Employer’s judgment that such work is
critical to maintain the operations of the Base Systems of the Tropicana and that is in the
business interest of the Tropicana under the following conditions:
1. The Tenant agrees to hold the Tropicana harmless in all respects of any claims of damages in
connection with such services, including but not limited to, defect in workmanship by Tropicana’s
Employees.
2. The Tropicana in its judgment, has the available staff to perform the work without interfering
with its own work and without additional training so as to complete the repair in a timely manner
as set by the Tropicana, based on its priorities and which timeframe is satisfactory to the tenant.
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3. The tenant agrees to pay for the equipment and services as determined by the Tropicana. The
Union understands that tenants who do not promptly pay for these services will not be eligible for
such services in the future.
The Union’s business agent may approach Tropicana’s tenants who had declined an interest in
general, for any of the above services, and with pre-approval of Tropicana, to discuss the
potential with the tenant of offering Tropicana’s services as described above with the
understanding that (l) the Union can not be coercive or disruptive in any manner, (2) the decision
to utilize the services is the tenant’s to make, and (3) the ultimate commercial transaction is in
the discretion of the Tropicana.
3. It is understood that general maintenance work will include occasional routine electrical and
work of other crafts within the Maintenance Department which is not a full-time nature.
4. The parties recognize that the State of New Jersey Casino Control Act (Act), provides that
Unions seeking to represent employees licensed under the Act are required to register with the
Casino Control Commission. It is understood and agreed that, unless exempted from the registration
requirements, the Union will, as a condition of this Agreement, so register. Should the Union fail
for any reason to obtain an exemption from registration or to obtain timely and valid registration
or should such registration, once obtained, be suspended or cancelled, the Employer’s recognition
of the Union and its obligation to bargain with the Union and to observe the provisions of Article
I, Paragraph 1 hereof, or to deal with the Union under Article XIV hereof, shall terminate;
provided, however, that upon obtaining an exemption from registration or upon registration as
required under the Act within the term of this Agreement and the provisions thereof so terminated
shall be reinstated.
ARTICLE II — EMPLOYMENT AND UNION SECURITY
1. It shall be a condition of employment that all employees covered by this Agreement who are
members of the Union in good standing on the effective date of this
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Agreement, shall remain members in good standing, and those who are not members on the effective
date of this Agreement shall, on or after the 90th day following the effective date hereof, become
members in good standing in the Union. In the event that any employee fails to comply with the
requirements of this section to the extent of tendering customary dues and initiation fees,
Employer shall summarily discharge that employee upon receipt of written demand therefor from the
Union. The ninety (90) day period during which new employees are not obligated to become members of
the Union shall be designated as a trial or probationary period for the benefit of the Employer,
during which period Employer has the right to discharge said employee without cause, and said
probationary employees shall not be covered by this Agreement nor derive any benefits thereof.
2. Whenever additional employees are required, Employer shall notify the Union, and the Union shall
assist Employer in obtaining qualified and competent employees, reserving to itself the right of
first referral for potential employees, provided, however, nothing herein contained shall preclude
Employer from employing workers on the open market. Whenever an employee is hired or rehired,
Employer shall within thirty (30) days notify the Union in writing of the name and address of said
employee.
3. Union agrees to furnish Employer with a memorandum showing the amount of dues payable as members
of the Union by each of the employees covered by this Agreement. Likewise, Union agrees to furnish
Employer with a memorandum showing the amount of initiation fees, if any, payable by each new
member covered by this Agreement. Upon receipt of such memoranda and upon receipt of a signed
authorization from the employee, Employer agrees to deduct dues and initiation fees from the wages
or salaries of the respective employees pursuant to the aforesaid memoranda. Such written
authorization shall be irrevocable for successive periods consistent with and coincident to the
periods or dates of succeeding collective bargaining agreements between the parties hereto.
Notwithstanding the foregoing, if any employee notifies the Employer and the Union in writing
fifteen (15) days before the expiration of the time periods stated above of his wish to revoke its
authority, the same shall be honored.
4. The Union will defend, indemnify, and save harmless the Employer against and from any and all
claims, demands, liabilities and disputes arising out of or by reason of
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action taken or not taken by the Employer for the purpose of complying with Section 3 of this
Article.
5. If the Employer fails to remit deducted share fees, initiation fees, dues or contributions to
the Union or the Funds as applicable, after thirty (30) days of the fifteenth of the month
following their deduction, the Union may bypass the grievance procedure and file directly for
arbitration. Notwithstanding anything in this Agreement to the contrary, if the arbitrator finds
that the delinquency violates this Agreement, the arbitrator may award interest, at the prime rate,
for the period that the delinquent amounts remained outstanding and may award the Union costs of
the arbitration. As a condition to the Union’s proceeding directly to arbitration in the above
manner, the Union must serve the Human Resource Department with at least fourteen (14) days written
notice, via certified mail, of the delinquent fair share fees, initiation fees, dues or
contributions after the above time period has passed.
ARTICLE III — MANAGEMENT RIGHTS
1. The Union recognizes that the Management of the Hotel and the direction of the working force is
vested exclusively in the Employer, including, but not limited to, the right to schedule work; to
assign work and working hours to employees; to establish quality and production standards and the
most efficient utilization of his services; to hire, promote, transfer, discharge or relieve
employees from duty because of lack of work; install and utilize the most efficient equipment; and
to create or eliminate any or all operations or job classifications, subject to the seniority
provisions herein contained. The Employer shall have the right to make and enforce reasonable rules
for the conduct and appearance of employees not inconsistent with the provisions of this Agreement.
2. It is understood that all Management rights held prior to the execution of this Agreement, other
than those specifically surrendered by this Agreement, continue to be retained by the Employer.
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ARTICLE IV — CONTROL AND DISCHARGE
1. The Employer shall have the sole right to direct and control his employees. Employer reserves
the right, which right is hereby recognized by the Union, to hire, retain, promote, demote,
transfer, lay off, suspend, discharge or rehire according to the requirements of the business and
according to skill and efficiency, giving due consideration to seniority. Employer shall have the
unquestioned right to suspend or discharge employee for actions such as, but not limited to,
dishonesty, willful misconduct, incompetence, drinking or drunkenness on the job, insubordination,
other good cause, or participation in a proven, deliberate slowdown, work stoppage, or strike or
violation of this Agreement; provided, however, the Union does not waive its right to grieve and
arbitrate, nor is this section intended to affect the Employer’s burden of proving just cause when,
in its opinion, there has been a flagrant miscarriage of justice.
2. The Employer agrees not to give any further consideration in subsequent disciplinary actions of
any discipline that is beyond two (2) years (one year for attendance). This limitation does not
apply to any discipline which impacts legal obligations e.g. harassment, discrimination, etc.
3. It is further understood and agreed that, as a condition of employment, Union members employed
in the Employer’s Casino Hotel must be licensed under the Act. If a Union member fails to obtain
such a license or loses such a license for any reason, he shall be released from employment, and
such release shall not be subject to the grievance procedure of this Agreement nor shall any other
action against the Employer, provided, however, that should the Union Member’s license subsequently
be issued or reinstated, he will be eligible for re-employment if a vacancy exists in his job
classification.
ARTICLE V — SENIORITY
1. For purposes of this Agreement, seniority shall be defined as length of continuous service from
the employee’s last employment date.
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2. The seniority of employees who successfully complete the ninety (90) days probationary period
set forth in Article II, Paragraph 1 above, shall date from that employee’s date of hire and accrue
only during active employment in the bargaining units.
3. Seniority shall be broken by any of the following events:
(a) Voluntary quit;
(b) Discharge for cause;
(c) Failure because of layoff or any other reason to perform any work for the Employer for six (6)
months (one (1) year for worker’s compensation) to a period equal to the affected employee’s
seniority at the time he last ceased active work for the Employer, whichever period is shorter,
unless required to be longer, as an accommodation under state or federal law which extension or
lack thereof, is not subject to the grievance and arbitration procedure. FMLA and NJFLA leave runs
concurrently with leaves under this Agreement to the extent applicable.
(d) Failure to report to work on the next scheduled work day after the Employer sends notice of
recall from layoff by telegram to the employee’s last known address, or failure to so report on the
second scheduled work day after such notice is sent by registered or certified mail.
(e) Failure to report for work upon expiration of a leave of absence.
(f) Absence from work without notice to the Employer for two (2) consecutive work days.
4. Failure to report or failure to notify the Employer under Subsections (d), (e) or (f) shall not
result in a break in seniority, if such failure is due to conditions beyond the employee’s control.
Any loss of seniority under Subsections (d), (e) or (f) shall constitute a voluntary leaving of
work without good cause.
5. Shop stewards will receive superseniority for purposes of layoff and recall assuming they are
qualified to perform the existing work in the opinion of the Company. The Unions can only designate
one shop xxxxxxx per bargaining unit for this purpose.
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ARTICLE VI — NO DISCRIMINATION
1. There shall be no discrimination against any employee because of Union membership or lawful
Union activities or because of race, color, sex, age, creed, national origin, ancestry, or
liability to military service.
2. The parties recognize and agree to comply with the Equal Employment Opportunity and Affirmative
Action requirements of the New Jersey Casino Control Act and the Affirmative Action program adopted
by the Employer in compliance therewith.
ARTICLE VII — VACATIONS
1. All employees covered by this Agreement at the conclusion of their first anniversary year of
employment shall be entitled to one (l) week of vacation, with pay.
2. All employees covered by this Agreement who shall have been regularly employed for two (2)
years, but less than eight (8) years, shall receive two (2) weeks vacation, with pay.
3. All employees covered by this Agreement who shall have been regularly employed for more than
eight (8) years, but less than ten (10) years, shall receive three (3) weeks vacation, with pay.
4. All employees covered by this Agreement who shall have been regularly employed for more than ten
(10) years, shall receive four (4) weeks vacation, with pay. The fourth week may, with mutual
consent, be taken on a per day basis, provided the employee gives the Employer ten (10) days notice
of the day to be taken.
5. Vacations shall be taken at the convenience of the Employer, but seniority shall be recognized
in scheduling the same.
6. All employees who have completed more than one (l) year of employment whose employment is
terminated for reasons other than cause, shall be entitled to a proration of earned vacation for
the year in which the termination or retirement of said employee occurs.
7. Vacation time cannot be accumulated from year to year, but must be taken within the current
calendar year.
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8. Employees vacations shall be reduced on a pro-rated basis for any leave of absence consistent
with the Employer’s leave policies for its unrepresented employees. Employees must use up to half
of their vacation entitlement while on FMLA and NJFLA leave, as long as at least the same is
required for the Employer’s unrepresented employees.
ARTICLE VIII — HOLIDAYS
1. All employees covered by this Agreement shall be granted a holiday with pay on the following
days:
| New Year’s Day | January 1st | |||
| Memorial Day | Last Monday in May | |||
| Independence Day | July 4th | |||
| Labor Day | 1st Monday in September | |||
| Veteran’s Day | November 11th | |||
| Thanksgiving Day | 4th Thursday in November | |||
| Christmas Day | December 25th | |||
| *Two Personal Days | To be taken during employee’s anniversary year |
| * | At least one (l) week’s notice for personal holidays is required with Employer reserving the right of refusal when business conditions dictate. |
2. When an Employee’s normal work shift includes a holiday and he will not be required to work on
the Holiday, the Employer shall notify him at least seven (7) days before the holiday.
3. Holiday pay shall consist of eight (8) hours of straight-time pay. Employees who are required to
work on a holiday shall be paid time and one-half (l 1/2) for work performed on said holiday in
addition to the holiday pay.
4. In order to qualify for holiday pay, the employee must report for work on his last scheduled day
before said holiday and his first scheduled day after said holiday, unless said requirement is
specifically waived by Employer. If an employee is scheduled to work on a holiday but does not
report for work, he shall not receive holiday pay unless he shall have been excused by his Employer
from working on said holiday.
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ARTICLE IX — HOURS OF WORK OVERTIME
1. The regular work week shall consist of five (5) consecutive days and the regular work day shall
consist of eight (8) consecutive hours.
2. Time and one-half (l 1/2) shall be paid for all time worked in excess of eight (8) hours in any
one day or in excess of forty (40) hours in any one week. There will be no pyramiding of daily or
weekly overtime or premium pay under any of the terms of this Agreement.
3. If an employee is scheduled to work for any eight (8) hour shift, employee shall receive
one-half (1/2) hour break, as near the middle of the shift as is possible, on Employer’s time.
4. Overtime and holiday time shall be paid for and shall not be compensated for by giving employee
time off.
5. Four Ten Hour Shifts — Under this provision, the Employer shall have the right to
establish four (4), ten (10) hour shifts. Overtime shall be paid for all hours worked beyond ten
(10) in any one day or forty (40) in one week at one and one-half (l 1/2) times the basic hourly
wage rate.
If the Employer utilizes this option after a sixty (60) day trial period, either party may notify
the other in writing that it no longer desires to retain this provision in the Contract and upon
such notice, this shift option shall terminate.
ARTICLE X — WAGES
1. All employees working in any of the classifications in the schedule annexed hereto shall be paid
each week for services performed.
2. Attached hereto and marked “Schedule A” and made part of this Agreement are the wage scales
applicable to the employees. The wage scale set forth in said schedule is a minimum wage rate only.
3. Whenever an employee shall be called out in an emergency, he shall be paid for no less than four
(4) hours regardless of the number of hours actually worked by him.
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ARTICLE XI — VISITATION
Representatives of the Union shall have the right to visit the Hotel at reasonable times in order
to investigate matters covered by this Agreement and grievances hereunder. Said visits shall not be
made at such time or in such manner as shall prevent the orderly operation of the Hotel business,
and Union’s representatives shall notify the Employer’s Director of Industrial Relations or his
designated representative immediately upon arrival at the Employer’s premises.
ARTICLE XII — BENEFITS
1. Welfare Fund: The Employer agrees to make contributions to the Union Welfare Fund as per
“Schedule A” annexed hereto. All contributions are for all straight time hours paid, not to exceed
2,080 hours per year, for every employee covered hereby, retroactive to the first (1st) day worked
on behalf of employees who have completed their probationary period.
In the event the Employer(s) determine that any other Participating Employer currently pays or is
allowed by the Union to pay lesser contributions than the Employer, then at such time the Employer
shall automatically reduce its contribution to the lowest rate of any Participating Employer. In
the event the Union allows a Participating Employer to withdraw from the Fund and such
Participating Employer obtains health insurance for its Union employees at a lower rate, then the
Employer(s) may automatically reduce its Fund contribution to the same rate.
2. Pension Fund: The Employer agrees to make contributions to the Union Pension Fund as per
“Schedule A” annexed hereto. All contributions are for all straight time hours paid, not to exceed
2,080 hours per year, for every employee covered hereby, retroactive to the first (1st) day worked
on behalf of employees who have completed their probationary period.
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3. Apprentice Training Fund: The Employer agrees to make contributions to the Apprentice Training
Fund as per “Schedule A” annexed hereto. All contributions are for all straight time hours paid,
not to exceed 2,080 hours per year, for each employee covered hereby, retroactive to the first
(1st) day worked on behalf of employees who have completed their probationary period.
4. Such contributions shall be made for all hours which an employee gets paid, thus including
payment for holidays and paid vacations.
5. Annuity Fund: The Employer agrees to make contributions to the Union Annuity Fund as per
“Schedule A” annexed hereto. The Employer agrees to contribute twenty-five cents ($.25) per hour,
per employee, for each hour worked by employees covered herein, to the Union Annuity Fund. The
Employer agrees to contribute any other contribution specified in “Schedule A” annexed hereto, to
the Annuity Fund on all hours worked or paid, including overtime hours, holiday and vacation.
6. The Union will have the right thirty (30) days prior to the end of each contract year to
reallocate wage increases to the Health and Welfare Fund. Any money reallocated will be paid on
straight-time hours worked or paid, not to exceed 2,080 hours in a contract year. Any money
reallocated to the Health and Welfare Fund cannot be diverted back into wages.
7. If the Employer fails to remit deducted share fees, initiation fees, dues or contributions to
the Union or the Funds as applicable, after thirty (30) days of the fifteenth of the month
following their deduction, the Union may bypass the grievance procedure and file directly for
arbitration. Notwithstanding anything in this Agreement to the contrary, if the arbitrator finds
that the delinquency violates this Agreement, the arbitrator may award interest, at the prime rate,
for the period that the delinquent amounts remained outstanding and may award the Union costs of
the arbitration. As a condition to the Union’s proceeding directly to arbitration in the above
manner, the Union must serve the Human Resource Department with at least fourteen (14) days written
notice, via certified
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mail, of the delinquent fair share fees, initiation fees, dues or contributions after the above
time period has passed.
ARTICLE XIII — NO STRIKES, NO LOCKOUTS
Both the Union and the Employer recognize the service nature of the Hotel business and the duty of
the Employer to render continuous and hospitable service to the public in the way of lodging, food
and other necessary accommodations. Therefore, the Union agrees that it will not call, engage in,
participate in, or sanction any strike, sympathy strike, work stoppage, picketing, sit-down,
sit-in, boycott, refusal to handle merchandise, or other interference with the conduct of the
Employer’s business for any reason whatsoever, including the dealing by Employer with non-union
suppliers or deliverymen; nor will Union interfere with any guest or tenant at the Hotel engaged in
selling or exhibiting non-union made merchandise or in so doing employing non-union help. Employer
agrees that it shall not lockout its employees or any part of them covered by this Agreement. Any
such action shall be a violation of this Agreement.
ARTICLE XIV — GRIEVANCES AND ARBITRATION
1. For the purpose of this Agreement, a grievance is defined as a complaint, dispute, or
controversy between the parties to the application or interpretation of this Agreement. All
grievances shall be presented by either party to the other within five (5) working days of their
origin in order to be raised in a timely fashion. All grievances not raised in a timely fashion or
not processed in accordance with the time periods set out below shall be considered waived and
abandoned.
2. The following procedure shall be followed exclusively in the settlement of all grievances
arising under this Agreement.
Step 1. The first step of the grievance procedure shall be between the employee and/or the
shop xxxxxxx and the employee’s supervisor. If the employee is dissatisfied with the action taken
by the supervisor on his grievance, the employee shall
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reduce the grievance to writing and present the written grievance to his supervisor within two (2)
working days of the supervisor’s verbal response.
Step 2. If the grievance is not resolved in Step 1, then the shop xxxxxxx shall forward the
written grievance to the department head within three (3) working days of the response of the
supervisor.
Step 3. In the event that the grievance is not adjusted satisfactorily after the timely
presentation of the written grievance to the department head, then a meeting between the Union
Business Agent and a designated representative of the Hotel shall be arranged.
Step 4. In the event that the grievance is not adjusted satisfactorily at Step 3, then the
matter may be referred to the American Arbitration Association for final and binding arbitration
within fourteen (14) calendar days of the unsatisfactory response to Step 3.
It is understood that the parties, by mutual agreement, may extend the time periods for processing
grievances.
In the event that the Employer is the aggrieved party, the Employer may begin the processing of the
grievance at Step 3.
Grievances shall not be processed by shop stewards or Union officials during working hours, unless
mutually agreed to between the Union and the Company.
In the event that a grievance is referred to arbitration, the grievance shall be submitted to the
Industrial Arbitration Tribunal of the American Arbitration Association with the request that the
Association send to the parties a list of arbitrators pursuant to its procedures. A grievance in
dispute shall be heard by the arbitrator, and his decision or award shall be final and binding upon
the parties hereto. The expenses incident to the arbitration shall be borne equally by the Union
and the Employer. Only one grievance at a time shall be heard by the arbitrator unless otherwise
agreed to by the parties. The arbitrator shall not have the power to add to, subtract, or modify
any of the terms of this Agreement.
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ARTICLE XV — APPRENTICESHIP AND TRAINING PROGRAM
1. Each employer who employs at least ten (10), but less than twenty (20), engineers, excluding
apprentices, shall, at all times he employs said number of engineers, employ at least one
apprentice engineer. Further, each Employer who employs twenty (20) or more engineers, excluding
apprentices, should, at all times he employs said number of engineers, employ at least two (2)
apprentice engineers. There is no obligation to employ an apprentice at the end of the
apprenticeship period.
2. Apprentice engineers will be compensated at the following rates during the period of
training :
| 1st 6 months | 60% of Mechanic “A” rate | |
| 2nd 6 months | 65% of Mechanic “A” rate | |
| 3rd 6 months | 70% of Mechanic “A” rate | |
| 4th 6 months | 75% of Mechanic “A” rate | |
| 5th 6 months | 80% of Mechanic “A” rate | |
| 6th 6 months | 85% of Mechanic “A” rate | |
| 7th 6 months | 90% of Mechanic “A” rate | |
| 8th 6 months | 95% of Mechanic “A” rate |
NOTE: Apprentice engineer compensation percent will be computed on the current rate for
Mechanic “A.”
ARTICLE XVI — SAFETY
1. The Union and the Employer agree that it is in the best interests of all members of the
bargaining unit to maintain a safe and healthy work place and to observe all safety requirements.
2. Violations of established safety policies and procedures shall be grounds for disciplinary
action up to and including discharge.
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ARTICLE XVII — NEW JERSEY CASINO CONTROL ACT
The parties hereto recognize and agree that the State of New Jersey Casino Control Act (P.L. 1977,
c. 110) (the “Act”) and the rules and regulations thereunder contain provisions requiring the
licensing of employees, the certifications of this and other provisions regulating and controlling
“Casino Hotel” employees of the Employer, and that this Agreement is subject thereto in all
respects.
ARTICLE XVIII — JURY DUTY
1. Eligible employees, as determined by established Company Policy, who serve as juror on regularly
scheduled work day or days shall be paid the difference only between the amount received by him for
such service and his daily base hourly rate for eight (8) hours to a maximum of ten (10) days for
each call. Employee will provide his immediate supervisor with:
(a) Seventy two (72) hours of notice of such case.
(b) Copy of court order to “appear.”
(c) Official court documentation as to appearance and amount paid Juror by court.
2. It is understood that employees will be expected to report to work if excused from Jury Duty
during normal work hours which reasonably coincide with scheduled work time.
ARTICLE XIX — FUNERAL LEAVE
Members of the bargaining unit shall be permitted time off, with pay, to a maximum of three (3)
scheduled work days, for the purpose of arranging and attending the funeral of a member of
employee’s immediate family, defined as, mother, father, spouse, brother, sister, children,
mother-in-law, father-in-law, and grandparents. Pay shall be the daily base hourly rate for eight
(8) hours. The Employer reserves the right to require official notification and/or proof of death
and attendance at funeral.
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ARTICLE XX — SHOP STEWARDS
1. The Business Manager shall appoint a shop xxxxxxx for each shift from among the bargaining unit
employees, and the Employer agrees to recognize those individuals as such.
2. The Union agrees to notify the Employer in writing of the employees selected to serve as shop
xxxxxxx. There shall be no discrimination against a shop xxxxxxx for the performance of his duties.
Any infractions of the Agreement will be brought to the attention of the supervisor on the company
time. The activities of the shop xxxxxxx shall not reasonably interfere with the performance of his
work duties and shall not interfere with the operations of the Employer.
3. In case of a workplace injury or illness, the supervisor shall notify the xxxxxxx as soon as
possible after the injury or illness, and the xxxxxxx shall be given sufficient time to take care
of the employee’s personal belongings.
4. An employee may request that a shop xxxxxxx be present at any meeting where the employee is the
subject of a disciplinary investigation.
ARTICLE XXI — GENERAL CONDITIONS
1. The Employer shall furnish shirt and trousers (and/or coveralls) and launder same at no cost to
the employee. All clothing furnished by the Employer shall be returned on termination.
2. Notwithstanding anything in the Contract to the contrary, all paid non working time including,
but not limited to, meal periods, rest and coffee break periods, wash up and changing times,
granted during an eight (8) hour shift shall be limited to a total of one (1) hour, which will be
handled by 1) a fifteen (15) minute coffee break midway during an employee’s first four (4) hours
on the job; 2) a thirty (30) minute meal period at the middle of the employee’s shift; and 3)
either, at the Employer’s designation, a fifteen (15) minute break added to the thirty (30) minute
meal period or a fifteen (15) minute break at the end of the employee’s shift. Each
Employer will notify the Union in writing and include the following waiver: “The Employer agrees to
waive the Most Favored Employer Clause with respect to the break issue.”
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3. The Employer may establish bi-weekly payroll, if all other employees of property have agreed.
4. This contract does not recognize oral agreements, understandings, or past practices. All such
practices, side agreements, understandings, must be in writing and signed by Employer and Union to
be enforceable.
5. Trades employees may be assigned to work at other properties owned and operated by their parent
company if parent company owns or operates more than one property in Atlantic City. Employees shall
be first offered the opportunity to take such assignment in accordance with their shop seniority,
by shift. If an insufficient number of employees accept the offered assignment, employees shall be
assigned in inverse order of shop seniority. In either case, the employee so selected must have the
requisite skill and ability to perform the assigned work. Employees so assigned shall be paid at
the rate of time and one-half (1 1/2) their base hourly rate for all hours worked on such
assignment.
6. An employee shall be entitled to receive one (1) hot meal during the course of an eight (8) hour
shift, as near to the middle of the shift as possible. If an employee is required to work overtime
for four (4) hours or more beyond his regular shift, or is called out in an emergency and works for
four (4) hours or more, he shall be entitled to a meal.
7. Company clothing may be exchanged on company time.
8. When pay day falls on a holiday specified in the Contract, employees shall be paid on the day
before.
9. Possession of an appropriate trade license shall not be a prerequisite to a promotion to lead
person for plumber and electrician.
ARTICLE XXII — MOST FAVORED EMPLOYER
Recognizing the competitive nature of the casino-hotel industry and the desirability of maintaining
a balance among the hotels in Atlantic City, the Union agrees that if it enters into any contract
with another employer operating a casino-hotel or contractor on behalf of a casino-hotel in
Atlantic City containing terms as to wages, hours, conditions or operating conditions of this
Agreement more favorable to said other Employer than the terms of this Contract, then, at the
Employer’s option, said terms shall be incorporated into
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this Agreement and become supplementary thereto. The Union agrees that upon demand of the Employer,
it shall exhibit to the Employer, or its authorized representative, any agreement entered into with
another casino-hotel in Atlantic City, New Jersey. A failure on the part of the Employer to insist
upon the application of this section, whether said failure is intentional or a result of an
oversight, shall not constitute a waiver of the Employer’s right to demand enforcement of this
provision on other occasions. Nothing herein contained shall be interpreted to render this
provision applicable to a hotel or motel which does not own or operate a casino in Atlantic City.
The parties agree that neither party may use the differences in “leased property language” that
exists amongst the Employers in any dispute regarding the interpretation of language. Further, the
Employers agree that none of them will use the Most Favored Nations Clause regarding “leased
property”.
ARTICLE XXIII — SAVINGS CLAUSE
If any clause of this Agreement or portion thereof is found to be illegal or invalid, the remainder
of the clause or provision shall remain unaffected, and all other provisions of the contract shall
remain in full force and effect.
ARTICLE XXIV — TERM OF CONTRACT
1. This Agreement shall become effective May 1, 2006, and shall continue in full force and effect
until midnight, April 30, 2011, and from year to year thereafter unless either party gives written
notice to the other at least sixty (60) days prior to any expiration date as to its desire to
modify or terminate this Agreement.
2. The Union anticipates negotiating new or amended contracts with other casino hotels and/or the
Casino Hotel Association upon the expiration of the current contracts. The Employer shall have the
right to exercise the option of adopting the first such contract as its own, provided such option
is exercised at least sixty (60) days prior to April 30, 2011. If such option is exercised, the
instant Contract shall remain in effect until such time as the new contract (with its appropriate
retroactivity) becomes applicable. Such option shall
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similarly be applicable at the expiration of such successive contract between the parties hereto.
Any such contract shall contain the present Article XXII, “Most Favored Employer.”
3. Amendments, additions, and/or deletions to this Agreement, with the exception of powers
under Article XXII and Article XXIV, Paragraph 2, will be null and void, unless in writing, and
signed by the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written, in Atlantic County, State of New Jersey.
TROPICANA CASINO AND RESORT
|
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 68-68A-68B, AFL-CIO |
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/s/ Illegible
|
/s/ Illegible | |||||
In The Absence Of The President
|
Business Manager | |||||
| /s/ Illegible
|
||||||
| XXXXXX X. XXXXXX | ||||||
| President | ||||||
| /s/ Illegible
|
||||||
| XXXXXXX X. XXXX | ||||||
| Recording Secretary | ||||||
| /s/ Illegible
|
||||||
| Business Representative |
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