EXHIBIT 6
COLLECTIVE BARGAINING AGREEMENT BETWEEN
XXXX WHOLESALERS
AND
TEAMSTERS LOCAL UNION NO. 676
August 9, 1996 through August 8, 1999
INDEX
PAGE
----
SCOPE OF AGREEMENT ...................................................... 1
STEWARDS ................................................................ 3
ABSENCE ................................................................. 4
CHECK OFF ............................................................... 5
SENIORITY ............................................................... 5
MAINTENANCE OF STANDARDS ................................................ 7
INSPECTION OF PAYROLL RECORDS ........................................... 9
DISCHARGE OR SUSPENSION ................................................. 9
SEPARATION OF EMPLOYMENT ................................................ 11
FIDELITY BONDS .......................................................... 11
EQUIPMENT ............................................................... 12
UNIFORMS ................................................................ 12
ACCIDENTS ............................................................... 12
SAFETY VIOLATIONS ....................................................... 13
REVOCATION OF LICENSE ................................................... 13
MISCELLANEOUS PAY PROVISIONS ............................................ 14
POSTING OF NOTICES ...................................................... 15
NO STRIKE-NO LOCKOUT .................................................... 15
MANAGEMENT SECURITY ..................................................... 15
i
WAGES AND HOURS ......................................................... 16
DISCRIMINATION .......................................................... 16
DAMAGE CAUSED BY EMPLOYEE ............................................... 16
VISITATION OF EMPLOYER'S PREMISES ....................................... 17
SAVINGS AND SEPARABILITY CLAUSE ......................................... 17
PRESERVING WORK OPPORTUNITY ............................................. 17
GRIEVANCE AND ARBITRATION PROCEDURE ..................................... 18
VACATIONS ............................................................... 19
HOLIDAYS ................................................................ 21
OVERTIME AND GUARANTEED PAY ............................................. 22
HEALTH AND WELFARE ...................................................... 23
XXXX WHOLESALERS PENSION PLAN ........................................... 23
LEASED EQUIPMENT ........................................................ 24
DINNER MONEY ............................................................ 24
DRIVERS' LICENSES AND FEES .............................................. 24
WAGE RATES .............................................................. 25
VACANCIES AND NEW JOBS .................................................. 26
CREDIT UNION ............................................................ 26
SAFETY COMMITTEE ........................................................ 27
TERM OF AGREEMENT ....................................................... 27
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THIS AGREEMENT made by and between XXXX WHOLESALERS ("Employer"), and
TEAMSTERS LOCAL UNION NO. 676, Affiliated with the International Brotherhood of
Teamsters, AFL/CIO ("Union"), WITNESSETH:
1. SCOPE OF AGREEMENT
1.1 Recognition and Classifications Covered: The Employer recognizes the Union
as the exclusive representative of all employees in the following
classifications: Drivers, Shippers, Shopworkers and Working Leaders.
1.2 Successors and Assigns: This Agreement shall be binding upon the parties
hereto, their successors and assigns. If an entire operation is sold,
leased, transferred, or taken over by sale, transfer, lease, assignment,
receivership, or bankruptcy proceedings, such operation shall continue to
be subject to the terms and conditions of this Agreement for the life
thereof. On the sale, transfer, or lease of an individual run or runs,
only the specific provisions of this Contract, excluding supplements or
other conditions, shall prevail. The Employer shall not use any leasing
devise to a third party to evade this Contract. The Employer shall give
notice of the existence of this Agreement to any purchaser, transferee,
lessee, or assignee of the operation covered by this Agreement or any part
thereof. Such notice shall be in writing with a copy to the Union and
shall be given within five days of the execution of sale, lease or
assignment papers. If the Employer fails to give said notice and/or fails
to require the purchaser, the transferee, or lessee to assume the
obligations of this Contract, the Employer shall be liable to the Union
and to the employees for all damages sustained as a result of such
failure.
1.3 Union Shop: All employees who are members of the Local Union on the date
of execution of this Agreement shall remain members of the Local Union in
good standing as a
condition of employment. All employees who are not members of the Local
Union and all employees who are hired hereafter shall become and remain
members in good standing of the Local Union as a condition of employment
on and after the 31st day following the beginning of their employment.
1.4 Probationary Employee: An employee shall be a probationary employee until
he has worked for the Employer at least ninety calendar days, during which
time no fringe benefits shall be payable. The employment of a probationary
employee may be terminated by the Employer for any reason, and such
termination shall not be subject to the grievance procedure. Upon
completion of his probationary period, the employee's seniority shall
revert to his date of hire.
1.5 Hiring New Employees: The Union may refer job applicants in response to
the Employer's request. If an applicant is not satisfactory, the Employer
may, at its option, request a replacement. The Employer may hire new
employees from any source but agrees to give preference to employees with
experience.
1.6 Notification The Employer shall promptly notify the Shop Xxxxxxx of the
employment of any person who under this Agreement is required to be a
member of the Union. Upon notice from the Union that an employee who has
been employed for more than thirty days has failed to tender the periodic
dues and initiation fees uniformly required as a condition of acquiring
and retaining membership in the Union, and upon demand of the Union, the
Employer shall discharge such employee. The Employer may not discharge or
discipline for the purpose of evading this Agreement or discriminating
against Union members.
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1.7 Maximum Union Security: Employer agrees that the Union will be entitled to
receive the maximum Union security which may be lawfully permissible, and
this Agreement shall be considered modified to the extent of any change in
the National Labor Relation Act during the term of this Agreement.
1.8 Blacklist: Employer shall not establish or create a so-called "Blacklist"
nor in any way become a party to the establishing of such a "Blacklist"
that may have for its purpose the prevention of any member of the Union
obtaining employment with the Employer.
2. STEWARDS
2.1 Appointment and Duties: The Employer recognizes the right of the Union to
designate Shop Stewards and alternates from the Employer's seniority list.
The authority of Shop Stewards and alternates so designated by the Union
shall be limited to and shall not exceed the following: (1) The
investigation and presentation of grievances; (2) The collection of dues;
(3) The transmission of messages and information authorized by the Local
Union. Shop Stewards and alternates have no authority to take strike
action or any other action interrupting the Employer's business, except as
authorized by official action of the Union. The Employer recognizes these
limitations upon the authority of Shop Stewards and their alternates and
shall not hold the Union liable for any unauthorized acts. In so
recognizing such limitations, the Employer shall have the authority to
impose proper discipline (including discharge) upon any Shop Xxxxxxx or
alternate who has taken unauthorized strike action, or any other action
interrupting the Employer's business, in violation of this Agreement.
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2.2 Seniority of Shop Stewards: Shop Stewards so designated by the Union shall
be granted super seniority for the purposes of assuring adequate
representation of the bargaining unit, i.e., for layoff and recall.
3. ABSENCE
3.1 Time Off for Union Activities: The Employer agrees to grant the necessary
and reasonable time off, without discrimination or loss of seniority and
without pay, to any employee designated by the Union in writing to the
Employer to act as an elected Union Officer, Business Agent, Organizer or
to attend a Labor Convention.
3.2 Leave of Absence: An employee who desires a leave of absence must secure
written permission from both the Union and the Employer. The maximum leave
shall be for thirty days, but may be extended for like periods upon the
written consent of both the Union and the Employer. During the leave of
absence period, the employee shall not engage in any other gainful
employment, and for violation of this provision, the employee shall lose
all seniority rights.
3.3 Pay for Time Lost: Whenever the Shop Xxxxxxx is required to attend a
grievance hearing or negotiation meeting attended by representatives of
the Employer and Union, he shall be compensated by the Employer for all
lost earning opportunities or time lost subject to a maximum of 8 hours
straight time pay.
3.4 Death in the Family: Upon the death of a member of an employee's immediate
family, the employee shall be entitled to a maximum of three days off with
pay for the purpose of attending services for the deceased. The three days
pay is to compensate the employee for any time lost Monday through Friday
because of such death. The employee must submit
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to the Employer a Death Certificate as proof of such death. This Section
shall not apply to any employee who has not been on the seniority list for
a period of at least three months. Immediate family shall include the
employee's spouse, child, mother, father, sister, brother, mother-in-law
and father-in-law.
3.5 Jury Duty: If an employee is required to serve Jury Duty, the Employer
shall supplement his Jury Duty compensation on a weekly basis by an amount
sufficient to total forty hours pay at the straight time rate of his job
classification.
4. CHECK OFF
4.1 Written Authorization: Upon receipt of proper written authorization of an
employee, the Employer shall deduct from the wages due such employee, on
the first pay day of each month, his Union initiation fee and monthly
dues, in such amounts as may, from time to time, be fixed by the Union in
accordance with its Constitution and By-Laws.
4.2 Payment by Employer: The Employer shall forward the aggregate amount of
such deduction promptly each month to the Union.
5. SENIORITY
5.1 Lay-off and Recall: Plant wide seniority shall prevail at all times for
layoffs and recalls, provided employees have the ability to do the
available jobs. Plant-wide seniority shall prevail with respect to
Saturday and Sunday overtime work; departmental seniority shall prevail
for daily overtime work.
5.2 Job Posting: Each job that becomes vacant shall be posted and the primary
function of the job will be stated. The posting shall remain open to
bidding for at least three working days before being filled. The most
qualified bidder shall be awarded the job. Qualifications
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include appropriate and reasonable tests, and a bidder's capability of
meeting the physical and mental requirements of the job. When
qualifications for the job are relatively equal, the employee with the
greatest seniority will be given preference.
5.3 Seniority Rank and Posting: Each January, Employer shall submit to the
Union in writing and post in a conspicuous place a Seniority List. The
name of each employee hired after said posting shall be added to this list
and shall be made known to the Union.
5.4 Loss of Seniority: Seniority shall be broken and an employee's name
removed from the seniority list for any one or more of the following
reasons: (a) Discharge for just cause; (b) Voluntary quit; (c) Failure to
respond to notice of recall; or (d) Lay-off for three years or more. Any
employee who is absent because of illness or injury shall accumulate
seniority for the purpose of determining his place on the seniority list.
5.5 Lay-off Notice: The employer shall notify the Shop Xxxxxxx in advance of a
lay-off or recall. All employees shall be given a two-day notice of
lay-off by posting on the Company bulletin board.
5.6 Notification of Recall: When recalling laid-off employees, the Employer
shall send a telegram or certified mail letter to the employee's last
known address (as indicated on the Employer's records) and the employee
shall have five days within which to notify the Employer that he will
return to work, and one week following said notification to return to
work. If the employee fails to report by the end of the one week period,
he shall lose all seniority rights under this Agreement. Anything to the
contrary notwithstanding, an employee shall have up to two weeks to return
to work if at the time of receiving recall notification the employee is
working another full-time job.
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5.7 Merger: If the Employer absorbs the business of another company or is a
party to a merger or a consolidation, the seniority of the employees
absorbed or affected thereby shall be determined by mutual agreement
between the Employer and the Union. In the absence of agreement, the
matter shall be submitted to arbitration.
5.8 Military Service: If any regular employee volunteers for, or is called to
active military service in the Armed Forces of the United States, such
employee shall not, during the period of such service, lose his seniority
rights as herein provided. Upon his discharge from such service, he shall
be offered his former position or one of like status provided he: (a)
received a Certificate of Honorable Discharge; (b) is still qualified to
perform the duties of his position; and (c) applied for reinstatement
within 90 days after such discharge. An employee shall receive a written
leave of absence from the employer when leaving for military service.
5.9 If drivers are working in the warehouse for any reason and it becomes
necessary for the Employer to make a delivery or pick-up during the day,
such drivers will be given the opportunity to make the delivery or pick-up
according to seniority.
6. MAINTENANCE OF STANDARDS
6.1 Extra Contract Agreements: The Employer shall not enter into any
agreements with its employees, individually or collectively, which in any
way conflicts with the terms and provisions of this Agreement. Any such
Agreement shall be null and void.
6.2 New Equipment or Operations: The parties agree to negotiate rates
governing new types of equipment and/or operations for which rates of pay
are not established by this
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Agreement. Rates agreed upon, or in the absence of agreement, awarded by
an arbitrator, shall be effective as of the date said equipment or
operation is put into use.
6.3 Protection of Rights: It shall not be a violation of this Agreement and an
employee shall not be subjected to discharge or disciplinary action if he
refuses to enter upon any property involved in a primary labor dispute, or
refuses to cross or work behind any primary picket line, including a
picket line of the Union, and including a primary picket line at the
Employer's place of business.
6.4 Struck Goods: Recognizing that many individual employees covered by this
contract may have personal convictions against aiding the adversary of
other workers, and recognizing the propriety of individual determination
by an individual xxxxxxx as to whether he shall perform work, labor or
service which he deems contrary to his best interests the parties
recognize and agree that; it shall not be a cause for discharge or
disciplinary action if any employee refuses to perform any service which,
but for the existence of a controversy between a labor union and any other
person (whether party to this Agreement or not), would be performed by the
employees or such person. Likewise, it shall not be a violation of this
Agreement and it shall not be a cause of discharge or disciplinary action
if any employee refuses to handle any goods, or equipment transported,
interchanged, handled or used by any carrier or other person, whether a
party to this Agreement or not, at any of whose terminals or places of
business there is a controversy between such carrier, or person, or its
employees on the one hand and a labor union on the other hand and such
rights may be exercised where such goods, or equipment are being
transported, handled or used by the originating, interchanging or
succeeding carriers or persons, whether
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parties to this Agreement or not. The Employer agrees that it will not
cease or refrain from handling, using, transporting or otherwise dealing
in any of the products of any other employer or cease doing business with
any other person, or fail in any obligation imposed by Motor Carrier's Act
or other applicable law, as a result of individual employees exercising
their rights under this Agreement or under law but the Employer shall
notwithstanding any other provisions in this Agreement when necessary,
handle, use, transport or otherwise deal in such products and continue
doing such business by use of other employees, (including management and
representatives), other carriers, or by any other method it deems
appropriate or proper.
7. INSPECTION OF PAYROLL RECORDS
7.1 Whenever a complaint is made concerning the wages of an employee, the
Union shall have the right to inspect the payroll records and time cards
of the affected employee during the grievance procedure.
8. DISCHARGE OR SUSPENSION
8.1 No employee shall be discharged or otherwise disciplined without just
cause. Nothing shall prohibit the Union from investigating any dismissal
or suspension and from resorting to the grievance procedure.
8.2 If an arbitrator in a discharge case orders reinstatement of the
discharged employee, he shall have full discretion to award or not award
back pay, but Employer shall not receive any credit for wages or
compensation earned by the employee while he was out of Employer's employ.
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8.3 Grievances concerning dismissal or suspension shall be given preference
over all other pending grievances and shall be promptly heard.
8.4 Except in the case of immediate dismissal for just cause, an employee
shall not be dismissed for his first offense but shall receive at least
one written warning. Cause for dismissal without first discussing the
matter with a business agent shall be the following: (a) Calling or
participating in any unauthorized strike, work stoppage, or walk-out. (b)
Drunkenness, drinking during working hours (including lunch time), or
being under the influence of liquor or drugs during working hours
(including lunch time). (c) Theft or dishonesty. (d) Unprovoked assault on
his Employer's representative during working hours. (e) Carrying
unauthorized passengers in Employer's vehicle. (f) Smoking in prohibited
areas. In each instance, Employer shall promptly notify the Union of
action taken, in writing. A dismissal or suspension shall not be subject
to grievance or arbitration unless the Union shall have notified the
Employer in writing of its intention to do so within two weeks of the
dismissal or suspension. In interpreting previous agreements, there have
been difficulties over whether or not Employer may dismiss employees for
slow-downs or for bringing in freight and not bringing it in. The parties
hereby agree that these matters are cause for suspension pending the
grievance procedure, but not for immediate dismissal.
8.5 Company Rules: The Employer shall have the right to make reasonable work
rules and regulations subject to the Union's right to grieve, provided the
Union's input is solicited by the Company and that the Union have no less
than 30 days notice prior to the effective date of any such rules and
regulations.
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8.6 Warning notices and offenses in an employee's record shall be removed
after six months.
9. SEPARATION OF EMPLOYMENT
9.1 Paychecks of employees who are discharged or who quit, will be processed
and sent from corporate headquarters in Cincinnati, Ohio.
10. FIDELITY BONDS
10.1 The Employer may require an employee to furnish a fidelity bond if the
Employer pays the premium. The primary obligation to procure the bond
shall be on the Employer. The Employer shall have the right to require
each applicant for a job (other than temporary) to fill out a job
application and a bond application. In the case of an employee hired on or
after July 31st, 1984, if Employer cannot arrange for a bond through its
regular bonding company, the Employer shall notify the employee and the
Union in writing and the employee shall have thirty days in which to
secure a bond satisfactory to the Employer. During the thirty days, the
employee shall be afforded the opportunity of working in some non-bondable
work, if available. If the employee secures a bond satisfactory to
Employer within the said thirty day period, only the standard premium
shall be paid by Employer and the excess premium must be paid by the
employee. A standard premium is that premium paid by the Employer for
bonds applicable to other employees in similar classifications. If the
employee fails to secure said bond within said thirty day period his
employment shall cease. Should the bond of an employee hired after July
31, 1984, be cancelled, the employee shall be suspended without pay.
During the thirty days following such suspension the employee will be
given the opportunity to secure a bond satisfactory to the Employer. If
the employee secures a bond satisfactory to the Employer within said
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thirty days, the employee shall be returned to his job with seniority
rights restored. Only the standard premium of said bond shall be paid by
the Employer. My excess premium above this standard premium is to be paid
by the employee. If the employee fails to secure a bond satisfactory to
the Employer within said thirty day period his employment shall cease.
11. EQUIPMENT
11.1 An employee shall not be compelled to take out equipment that is not
mechanically sound, properly equipped, and in conformity with all
applicable laws and regulations. Equipment which is refused because not
mechanically sound, properly equipped, or in conformity with all
applicable laws and regulations shall be appropriately tagged so that it
cannot be used by any other driver until the defect is corrected.
11.2 Dangerous Conditions of Work: Under no circumstances will an employee be
required to engage in any activity involving a dangerous condition of
work. The term "dangerous condition of work" does not relate to the type
of cargo hauled or handled.
12. UNIFORMS
12.1 Employer shall furnish and maintain uniforms, at no cost to employees, if
required by the Employer.
13. ACCIDENTS
13.1 Reporting Accidents: Any employee involved in an accident shall
immediately report same and any physical injury sustained. When required
by the Employer, the employee shall make out an accident report in writing
on a form furnished by the Employer and shall turn in all available names
and addresses of witnesses to the accident. The employee shall
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receive a copy of his accident report. Failure to comply with this
provision shall subject an employee to disciplinary action by the
Employer.
14. SAFETY VIOLATIONS
14.1 Whenever an employee is required to operate overloaded equipment and is
penalized because of such overload, the Employer shall pay for all fines,
penalties and damages assessed against or suffered by the employee,
including overtime for delay and/or lost earning opportunity.
15. REVOCATION OF LICENSE
15.1 If an employee loses his driver's license because of a violation of any
law by the Employer, the Employer shall provide suitable and continued
employment for such employee at not less than his regular earnings at the
time of the revocation of his license for the entire period of such
revocation, and the employee shall suffer no loss of seniority.
15.2 If an employee loses his driver's license due to his own negligence, his
job and seniority shall be protected for a period of nine months in any
one calendar year. If an employee loses his driver's license for more than
9 months, his job may be bid immediately but the employee may bid on any
other job that opens within the nine months after his loss of license. The
Employer may assign the employee to other work if available and if the
Union and the Employer consent to same.
15.3 Riders: No driver shall knowingly allow anyone to ride in or on his truck
except by express authorization of the Employer.
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16. MISCELLANEOUS PAY PROVISIONS
16.1 Time of Payment: All regular employees shall be paid in full each week. No
more than one week's pay shall be held on an employee. All other employees
shall be paid at the end of their working periods.
16.2 Pay Day Falling on a Holiday: When the regular pay day falls on a holiday,
the Employer shall pay the employees on the regular work day immediately
preceding the holiday, whenever possible.
16.3 Gross Earnings and Deductions: Each employee shall be provided with a
statement of gross earnings and an itemized statement of all deductions.
16.4 Injury on the Job: An employee who sustains injuries which are compensable
under the Worker's Compensation Act and which prevent him from performing
his job shall sustain no loss of pay for the balance of the day on which
he is injured. Ability to perform work shall be determined by the doctor's
or hospital's report.
16.5 Supplemental Workers Compensation Pay: The Employer shall continue its
past practice of paying all regular straight time hours of employment lost
by an employee who is injured on the job for the day on which the injury
occurs. In addition, the Employer shall pay all regular straight time
hours of employment lost by the employee as a result of such an injury for
up to two additional, consecutive days following the day on which the
injury occurs, provided the Employer's doctor certifies that the employee
is in fact unable to work because of such injury.
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17. POSTING OF NOTICES
17.1 The Employer shall permit the Union to post on its bulletin board notices
of Union meetings and the like.
18. NO STRIKE-NO LOCKOUT
18.1 There shall be no strikes (sympathetic or otherwise), work stoppages,
slowdowns, lockouts, or any other interruptions of the Employer's
operations, or threats thereof, for any reason whatsoever, during the term
of this Agreement. There shall be no lockouts, for any reason whatsoever,
during the term of this Agreement.
18.2 The Union expressly reserves the right to call a strike at the Employer's
place or places of business whenever it ascertains that the Employer is
not complying with the wage, hour, work-week guarantee, holiday, vacation
provisions hereof, or any other economic provisions of this Agreement. The
Union shall give the Company at least 48 hours' written notice of its
intention to strike hereunder. Should any strike take place, it shall in
no way be construed or contended as being in violation of this Agreement,
and no suit or claim for damages shall be instituted or initiated by the
Employer against the Union, its representatives or members by reason of
such strike, nor shall it be a requirement that the Union submit such
violation to arbitration.
19. MANAGEMENT SECURITY
19.1 The Union recognizes that the Employer must operate efficiently and
economically if it is to be able to meet rising costs of operation,
including the rates of pay and working conditions of members of the Union.
Accordingly, Union shall cooperate with the Employer to the end that its
business may be operated efficiently, and the Union shall not
15
interfere in any way with the Employer's right to operate and manage it's
business, provided that nothing herein will permit the Employer to violate
any of the terms and conditions of this Agreement.
20. WAGES AND HOURS
20.1 General: The Employer shall be entitled to "a day's work for a day's pay."
20.2 Overtime Pay: Except as otherwise specifically provided elsewhere in this
Agreement, no employee shall be entitled to overtime pay except for
overtime actually worked.
21. DISCRIMINATION
21.1 There shall be no discrimination by the Employer against its employees
because of their union activity, nor shall there be any discrimination by
the Employer or the Union against any employee because of race, religion,
color, creed, sex, age, physical handicap, or nationality in the placement
and retention of employment, or in the hours, wages and working conditions
of the employees.
21.2 The words "employee" and "employees" and all references herein to the
masculine gender shall be deemed to include both the masculine and
feminine gender thereof.
22. DAMAGE CAUSED BY EMPLOYEE
22.1 An employee shall not be required to pay for loss or damage to merchandise
or equipment unless it shall be proven that such loss or damage was caused
entirely by said employee's gross negligence or improper act. No deduction
shall be made from an employee's pay at any time for loss or damage.
22.2 All matters arising under the preceding Section 22.1 shall be first
disposed of between the Employer and the Union before any penalty shall be
imposed.
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23. VISITATION OF EMPLOYER'S PREMISES
23.1 Upon reasonable notice to the Employer, a representative of the Union
shall have the right (a) to meet with a representative of the Employer at
the Employer's premises at a time convenient to the parties, or (b) to
visit such portion of the Employer's premises as are used by employees.
24. SAVINGS AND SEPARABILITY CLAUSE
24.1 Nothing contained in this Agreement shall require the Union or the
Employer to do anything that violates the law. All of the clauses of this
Agreement shall be severable. Any clause which is prohibited by, invalid
under, or in contravention of any operable Federal or State law shall be
null and void, but the remaining clauses shall continue in full force and
effect for the term of this Agreement and any renewal thereof. The parties
shall in good faith attempt to replace any such null and void clause with
a clause which conforms with the law. If, during the term of this
Agreement or any renewal thereof, any such null and void clause becomes
legal or permissible by legislative enactment, a subsequent decision of
the Courts, or otherwise, such null and void clause shall automatically
again become part of this Agreement.
25. PRESERVING WORK OPPORTUNITY
25.1 For the purpose of preserving work and job opportunities, the Employer
shall not subcontract, transfer, lease, assign or convey, in whole or in
part, to any other plant, person or non-unit employees, any work or
services presently performed or hereafter assigned to the collective
bargaining unit, unless otherwise provided in this Agreement.
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26. GRIEVANCE AND ARBITRATION PROCEDURE
26.1 A grievance is defined to mean any dispute arising out of the
interpretation or application of this Agreement. A grievance shall be
handled as follows:
STEP ONE - The Union Shop Xxxxxxx shall discuss the matter with the
Employer's representative, and every effort shall be made to reach a
mutually satisfactory solution.
STEP TWO - If no solution can be reached at STEP ONE within three
working days, the Union Shop Xxxxxxx shall refer the matter to a Union
Business Agent and the Business Agent shall discuss the matter with the
Employer's representative in an endeavor to adjust it amicably.
STEP THREE - If no solution can be reached at STEP TWO within
fourteen calendar days of the occurrence of the grievance, the matter
shall be submitted to the American Arbitration Association for selection
of an arbitrator in accordance with the rules of such Association. The
arbitrator shall render his decision within twenty-four days. The fee of
the arbitrator and of the Association shall be borne equally by the
Employer and the Union.
26.2 The parties agree that a grievance shall not be subject to the grievance
and arbitration provisions of this Agreement unless it is reduced to
writing and delivered to the Employer by the Union within two weeks of the
occurrence of the grievance.
26.3 Time Limits: The time limits of this Section are of the essence. If a
party fails to meet said time limits with respect to any grievance, it
shall be deemed to have been settled in favor of the other party.
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26.4 Limitation on Arbitrator's Authority: The arbitrator shall have no power
to add to, subtract from, or modify the terms of this Agreement.
27. VACATIONS
27.1 Vacation Notice: A vacation notice shall be posted at least ninety days
prior to the commencement of a vacation period. Employees shall have the
right to select vacation weeks according to their seniority, except that
not more than 11 total employees, 4 shop workers, 3 truck drivers, and 4
warehousemen shall be on vacation at one time; provided that during the
period between Christmas and New Years when the Company conducts its
year-end inventory, such right shall be subject to the availability of
qualified employees to make such inventory; and provided further that the
Company will allow more than three (3) truck drivers to be on the vacation
in any given work week if the operational needs of the Company are not
adversely impacted.
27.2 Vacation Periods: Winter vacation time shall run from January 1st through
April 30, and November 1st through December 31st. Summer vacation time
shall run from May 1st through October 31st. Those employees who are
entitled to two or three weeks of vacation may take only one vacation week
in the summer period. Those employees who are entitled to four or five
weeks vacation may take only two vacation weeks in the summer period.
These two vacation weeks may be taken consecutively.
27.3 Vacation Time: Employees shall be entitled to vacation weeks based
upon the following schedule:
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Years of Continuous Weeks of Vacation
Employment by Employer Entitlement
---------------------- -----------
One year but less than three One Week
Three years but less than ten Two Weeks
Ten years but less than fifteen Three Weeks
Fifteen years but less than twenty-three Four Weeks
Twenty-three or more Five Weeks
27.4 The vacation entitlement of an employee shall be determined as of his
anniversary date and vacation shall be taken within the year following the
employee's anniversary date.
27.5 Vacation Pay: For each one week of vacation entitlement, an employee shall
be paid two percent of his prior calendar years earnings or forty hours
of straight time pay, whichever is greater. If a holiday falls within his
vacation week or weeks, the employee shall be paid holiday pay at the time
he is paid his vacation pay.
27.6 The first two weeks of an employee's vacation entitlement must be taken by
an employee and not worked. However, any employee who is entitled to more
than two weeks vacation may, assuming the Employer has work available,
elect to work his vacation time in excess of two weeks and if he desires
to do so he shall give the Company no less than 30 days advance notice.
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28. HOLIDAYS
28.1 Time Worked on Holiday: Time worked on a holiday shall be paid at double
time, except as to employees whose regular shift starts on a holiday
evening or ends on a holiday morning. Thirty-two hours shall constitute a
work week in which a holiday falls, and time and one-half shall be paid
for hours worked in excess of thirty-two hours in such a week.
28.2 Holiday Schedule: The following are recognized as holidays under this
Agreement: Labor Day, Thanksgiving, Day after Thanksgiving, Christmas Eve,
Christmas Day, New Year's Eve, New Year's Day, Good Friday, Memorial Day
and Independence Day.
28.3 In addition to the above scheduled holidays, each employee shall be
entitled to three (3) personal holidays, each of which may be taken upon
no less than one day's notice to the Employer; provided, however, that a
request for a personal holiday may be denied by the Employer if the taking
of the personal holiday will interfere with the Employer's operations. The
Employer agrees to notify the employee of its decision to grant or deny a
request for a personal holiday within 72 hours of the request being made.
In addition, an employee may elect to designate a day on which the
employee has been unable to work due to sickness as a personal holiday. At
the end of each contact year, an employee shall be paid for any unused
personal holidays.
28.4 Holiday Pay Entitlement: To be entitled to holiday pay, an employee must
work (unless he is sick) the scheduled day before and the scheduled day
after the holiday and further, must have been employed for at least ninety
calendar days or more prior to such holiday.
28.5 Holiday Pay: Holiday pay consists of eight hours straight time pay.
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29. OVERTIME AND GUARANTEED PAY
29.1 An employee shall be paid time and one-half for hours worked on a
Saturday, and double time for hours worked on a Sunday.
29.2 An employee shall be paid time and one-half for hours worked in excess of
eight hours per day, or forty hours per week.
29.3 Call-in Pay: An employee shall be guaranteed four hours pay on Saturday if
called to work.
29.4 In any week in which a regular employee covered by this Agreement is
called to work and reports to work, he shall be guaranteed eight hours of
work each day from Monday through Friday of that week. If such work is not
made available, he shall nevertheless be paid a 40-hour guaranteed work
week at his regular hourly rate of pay unless the following conditions
prevail: (a) The employee shall fail to report to work during any day in
that week for any reason, including illness. He shall be paid only for
such work as he has performed. (b) Fire, flood, any other casualty, strike
or any reason beyond the control of the Company, shall make the employee's
work not available. The Company shall then pay only for such work actually
performed by the employee in that week. (c) If a paid holiday shall be
made available to each employee and he shall be paid at regular rates for
eight hours' work in each of four days in that week subject to the other
exceptions in this Section. (d) Any employee who does not perform any work
during the week shall not be entitled to any wages.
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29.5 The loading of a truck must be completed at the end of each day by the
employee charged with loading responsibility; provided, however, such
employee shall not be required to work more than two hours overtime to
accomplish such loading.
29.6 The following procedure shall be followed with respect to overtime work
(other than that covered by Section 29.5): When the Employer desires
overtime work, an overtime sign-up sheet shall be posted in order that
employees may volunteer for such work. Overtime work shall be assigned on
the basis of seniority to those employees who have signed the overtime
sign-up sheet. If no employees sign, or if the number of employees who
sign is insufficient to perform the overtime work available, the overtime
work shall be assigned to employees in the inverse order of seniority. The
Employer will accommodate the wishes of employees as much as possible in
the assignment of overtime but reserves the right to assign overtime in
the inverse order of seniority on a strict basis, if necessary.
30. HEALTH AND WELFARE
30.1 The employees shall be entitled to hospitalization, surgical, life
insurance and disability benefits upon such coverages and upon such terms
and conditions as set forth in the Employer's Flex Plan, which benefits
shall be provided at the sole expense of the Employer. The Employer shall
have the right to substitute health plans if the employees, after a
presentation as to the pros and cons of each plan, so elect.
31. XXXX WHOLESALERS PENSION PLAN
31.1 The Employer shall contribute to the Xxxx Wholesalers Pension Plan, a
defined benefit pension plan, such amount as may be required to provide
all employees hired on or after
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August 1, 1984 (a) a monthly benefit level of $25.00 per year of service
with a maximum of 30 years, (b) service credit for each such employee from
date of hire, and (c) vesting after the fifth year, and to provide to
employees hired prior to August 1, 1984 (a) a monthly benefit level of
$25.00 per year of service with a maximum of 30 years, (b) service credit
for each such employee beginning August 1, 1990, and (c) immediate
vesting.
32. LEASED EQUIPMENT
32.1 A non-bargaining unit driver shall not operate leased equipment unless and
until all available drivers on the seniority list are working.
33. DINNER MONEY
33.1 The Company shall continue the past practice of paying dinner money to its
employees. An employee scheduled to start on or before 6:30 a.m. shall
receive dinner money of $5.00.
34. DRIVERS' LICENSES AND FEES
34.1 The Employer shall continue the past practice of paying the drivers'
license fee of each regular full time driver employed by the Company.
34.2 All drivers shall be required to have a New Jersey Commercial Driven
License (Trailer Qualified) before the expiration of this contract. All
drivers hired on and after August 1, 1993 shall be required to have such
license.
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35. WAGE RATES
35.1 The Employer shall pay wages in accordance with the following schedule to
all employees hired prior to August 9, 1996 who have reached the top rate
of their job classifications:
EFFECTIVE DATES IN EFFECT AT END
CLASSIFICATIONS 8/9/96 8/9/97 8/9/98 OF PRIOR CONTRACT
--------------- ------ ------ ------ -----------------
DRIVERS $13.01 $13.43 $13.82 $12.56
SHIPPERS $13.01 $13.43 $13.82 $12.56
SHOP WORKERS $13.01 $13.43 $13.82 $12.56
WORKING LEADERS $13.36 $13.78 $14.17 $12.91
35.2 The following wage progression schedules shall be applicable to all
employees hired subsequent to August 1, 1987, in the entry level
classification:
IN EFFECT AT END
EFFECTIVE DATES OF PRIOR CONTRACT
--------------- -----------------
8/9/96 8/9/97 8/9/98
------ ------ ------
Hire Rate $6.70 $7.12 $7.51 $6.25
After 30 days $7.20 $7.62 $8.01 $6.75
After 3 months $7.55 $7.97 $8.36 $7.10
After 6 months $7.90 $8.32 $8.71 $7.45
After 9 months $8.25 $8.67 $9.06 $7.80
After 1 year $8.60 $9.02 $9.41 $8.15
After 1 year 3 months $8.95 $9.37 $9.76 $8.50
After 1 year 6 months $9.30 $9.72 $10.11 $8.85
After 1 year 9 months $9.60 $10.02 $10.41 $9.15
After 2 years $9.95 $10.37 $10.76 $9.50
After 2 years 3 months $10.30 $10.72 $11.11 $9.95
After 2 years 6 months $10.60 $11.02 $11.41 $10.15
After 2 years 9 months $10.95 $11.37 $11.76 $10.50
After 3 years Top rate of Top rate of Top rate of Top rate of
classification classification classification classification
The foregoing schedule shall not apply to a newly-hired driver. Such
newly-hired driver shall be paid twenty-five cents ($.25) per hour below
the applicable driver's rate during his/her 90 day probationary period.
With the exception of a newly hired driver as aforesaid, no employee shall
be paid less than the rate required in accordance with the
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above wage schedule; however, the Company has the right to evaluate
employees and to grant merit increases in excess of the rates in the wage
schedule. The above progression schedules reflect the same
across-the-board hourly wage increases as in Article 35.1.
35.3 The Employer shall have the sole right to choose the employees whom it
desires to hold Working Leader jobs and agrees to consider seniority where
qualifications of employees are equal in its judgment. The Employer shall
have the right to increase the rate of any given Working Leader up to an
additional thirty-five ($0.35) cents per hour, as the Company may
determine on a merit basis within its sole discretion, from time to time.
The Working Leader shall have no right to hire, fire or recommend
disciplinary action with respect to any other bargaining unit employee.
The Employer agrees to limit the number of Working Leaders to eight.
35.4 Shift Differential: An employee who works a shift which begins after 12:00
Noon shall be entitled to payment of an additional twenty cents per hour.
36. VACANCIES AND NEW JOBS:
36.1 The Employer shall post each vacancy or new job for three consecutive
working days. Jobs shall be awarded on the basis of seniority and ability.
36.2 When circumstances cause the Employer to use a supervisor to drive a
truck, he must be accompanied by a top rated union employee.
37. CREDIT UNION
37.1 The Employer agrees to permit employees to make payroll deductions for
payment to the Certain-Xxxx Waco Federal Credit Union provided employees
furnish the Employer with a signed authorization. Any such deduction will
be remitted to the Credit Union by Corporate Headquarters at least once a
month. Employee participation in the Certain-Xxxx
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Waco Federal Credit Union is conditioned upon six consecutive months of
employment by the Employer.
38. SAFETY COMMITTEE
38.1 The Company and the Union shall form a Safety committee which will be
comprised of Company representatives and three employee members appointed
by the union.
38.2 The Committee shall meet monthly provided there are matters which require
discussion.
39. TERM OF AGREEMENT
39.1 This Agreement shall be in full force and effect from August 9, 1996 until
and including August 8, 1999, and shall continue in force from year to
year thereafter unless and until either party notifies the other in
writing sixty days prior to the end of the original term or prior to the
end of any subsequent renewal year of its intention to revise or terminate
this Agreement.
IN WITNESS WHEREOF, the parties have executed this collective bargaining
agreement as of this __ day of _____________, l996.
FOR THE EMPLOYER: FOR THE UNION
/s/ Xxxxx Xxxxx Xx. /s/ Xxxxx XxXxxxxx
------------------------ ---------------------------
/s/ Xxxxx Xxxxxxx 10-15-96
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/s/ Xxx Xxxxx 10-15-96
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