EXHIBIT 10.19
A G R E E M E N T
BETWEEN:
XXXXX XXXXX INC.
- and -
LOCAL 340A, NEW YORK
JOINT BOARD, UNITE
* * *
April 1, 2001 - March 31, 2004
I N D E X:
DESCRIPTION ARTICLE NO. PAGE NO.
----------- ---------- --------
BEREAVEMENT PAY XIV 9
CHECKOFF IX 7
COLLECTIVE BARGAINING AGREEMENT II 3
COMPLETE AGREEMENT XXII 11
FAIR TREATMENT & RESPECT VIII 7
GRIEVANCES AND ARBITRATION XIII 8
HEALTH & SAFETY XXVI 12
HOLIDAYS VI 5
HOURS OF WORK V 4
INVALIDATION XX 10
JURY DUTY XXVII 12
LAYOFF AND DISCHARGE VII 6
MANAGEMENT PEROGATIVES X 7
NOTICES XVIII 10
RECOGNITION AND UNION SECURITY I 3
RETIREMENT FUND XVII 10
SENIORITY IV 4
SICK LEAVE XV 9
STRIKES AND LOCKOUTS XII 8
SUCCESSORS XXIII 10
TERM OF AGREEMENT XXI 10
TRIAL PERIOD III 4
UNION ISSUES XXV 11
UNION VISITATION XIX 10
VACATIONS VIII 6
WAGE SCHEDULE XXIV 11
WAIVER AND MODIFICATIONS XI 8
WELFARE XVI 9
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AGREEMENT made and entered into the 1st day of April, 2001, by and between XXXXX
XXXXX, INC., 000 0XX Xxxxxx, Xxx Xxxx, (hereafter called the "Employer"), and
LOCAL 000X, Xxx Xxxx, XXXXX XXXXX, XXXXX, 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx
Xxxx 00000 (hereafter called the "Union").
W I T N E S S E T H:
WHEREAS, the parties hereto desire to cooperate in establishing and
maintaining proper and suitable conditions, and to secure uniform and equitable
terms of employment and conditions of labor satisfactory to Employer and
employees.
NOW, THEREFORE, in consideration of the mutual covenants and
agreement
hereinafter contained, it is mutually agreed as follows:
ARTICLE I, RECOGNITION AND UNION SECURITY
A. The Employer recognizes the Union as the sole and exclusive bargaining agent
for all clerks, pharmacy clerks and cashiers employed in the Employer's stores
(refer to Appendix "A").
B. It shall be a condition of employment that all employees of the Employer
covered by this
Agreement, who are members of the Union in good standing on the
effective date of this
Agreement shall remain members in good standing, and
those who are not members on the effective date of this
Agreement shall on the
60th day following the effective date of this
Agreement, or after the execution
of the
Agreement, whichever is later, become and remain members in good standing
in the Union. It shall also be a condition of employment that all employees
covered by this Agreement and hired on or after its effective date shall on the
60th day following the beginning of such employment become and remain members in
good standing in the Union.
ARTICLE II, COLLECTIVE BARGAINING UNIT
A. The collective bargaining unit covered by this Agreement shall consist of all
covered employees employed in the Employer's store who are employed for twenty
(20) hours or more per week, excluding store managers, assistant store managers,
pharmicists, clerical employees, guards and supervisory employees as may be
defined in the National Labor Relations Act, as amended.
B. Seasonal employees hired temporarily for the Christmas season no earlier than
December 15th and terminated no later than the next January 5th in any year
shall also be excluded from the coverage of this Agreement.
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ARTICLE III, TRIAL PERIOD
A. A trial period of sixty (60) days shall be in effect for all new employees
hired by the Employer, during which period the employee may be discharged with
or without cause in the sole determination of the Employer, and such
determination shall not be subject to the arbitration provision hereinafter set
forth. The trial period for any new employee will be extended an additional
sixty (60) days upon the Employer's written request therefor. Employees retained
in the employ of the Employer subsequent to the expiration of such trial period
shall be deemed regular employees and placed on a seniority list of the
employees of the Employer, such seniority to date back to the beginning of their
employment.
ARTICLE IV. SENIORITY
A. Seniority shall be recognized on a store by store basis. In no case
shall seniority in one store be counted as seniority in another
store.
B. All things being equal, including ability to perform the job,
seniority, on a single store basis, shall govern in all layoffs and
rehirings, except that if any specific application of this seniority
provision shall cause the Employer a business hardship, such problem
shall be resolved by the Employer and the Union towards the end of
eliminating such hardship.
C. An employee shall lose seniority in the event of the occurrence of
any one of the following events.
1. Quit
2. Discharge for cause
3. After layoff the employee is notified in writing to return to
work and the employee fails to inform the Employer of his
intention to so return within 48 hours after receipt of such
notice.
4. The employee is on continuous layoff for six (6) months.
5. No show - no call per Company Rules of Conduct and Orientation
booklet
ARTICLE V. HOURS OF WORK
A. The regular work week for all full-time employees shall not exceed
forty (40) hours per week for any five (5) days out of a seven (7)
day week in any store regularly opened seven (7) days per week. A
full-time employee is defined as an employee who averages a minimum
of thirty (30) hours per week over a quarter.
B. Overtime shall be paid at the rate of time and one-half for all work
over forty (40) hours per week.
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C. Part-time employees shall receive payment for vacations and holiday
pay on a pro-rata basis of a forty (40) hour work week.
D. All full-time employees shall have the ability to request all
available hours in their home stores, in order to maintain their
full-time status. Employees cannot claim hours that they are already
working in another store. It is understood that the employer will
accommodate transfers, when the business allows, in stores under the
jurisdiction of LOCAL 340A of UNITE.
E. The Company shall make every reasonable commercial effort to
maintain an employee ratio of 65% full time and 35% part time
employees in all stores represented by LOCAL 340A of UNITE.
F. The Employer will provide a 10-minute paid break for each four-hour
block of work time. The Employer will allow a one half hour unpaid
meal break for each six hour block of work time.
ARTICLE VI. HOLIDAYS
A. Each employee who has completed six (6) months of service, excluding
absences, shall be off with full pay on all holidays that the store
is closed.
B. The holidays to which the employee shall be entitled hereunder shall
be:
Washington's Birthday Thanksgiving Day
Memorial Day Christmas Day
Fourth of July New Years Day
Labor Day
Employees will also be eligible for two (2) personal days each year.
Personal days must be approved by the Store Manager, in advance, by
giving forty eight (48) hours notice to be paid. There will be no
carryover of personal days. Eligible days not taken will be
forfeited.
C. Should any of the afore-enumerated holidays to which an employee is
entitled, fall on his day off or during his vacation, such employee
shall, in addition to his regular pay, be paid for such holiday.
Should any employee be called in to work on any holiday to which he
is entitled, he shall, in addition to this regular day's pay, be
paid for such holiday. Exclusive of Holiday Pay, if eligible,
employees will only receive overtime pay if they actually work over
forty (40) hours in a Holiday week.
D. To be eligible for Holiday pay, employees must work their scheduled
days before and after a paid Holiday.
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E. Part-time employees shall be entitled to holidays with pay on the
same basis as hereinabove set forth but pro-rated in the proportion
that their work hours bear to the full work week in the category in
which employed.
ARTICLE VII. LAYOFF AND DISCHARGE
A. The Employer shall have the right to determine the number of
employees from time to time required in the operation of its
business and to determine the necessity for or extent of layoffs.
B. Employees, after the expiration of their trial period, may be
discharged only for cause which includes but is not limited to
reasons outlined in the company's Rules of Conduct and Orientation
booklet. In the event of any dispute as to the existence of cause
for discharge, such dispute shall be determined in accordance with
the grievance and arbitration provisions hereinafter contained.
Unless the Employer receives a written claim of wrongful discharge
within two (2) weeks of date of discharge, discharge shall be deemed
to be for good cause.
ARTICLE VIII. VACATIONS
A. The Company agrees that, upon request, vacation pay shall be paid
prior to the employee's scheduled time off. All requests must be
made on the pay period prior to the scheduled time off. It is
understood that all eligible vacation must be taken in the calendar
year or it will be forfeited. If an employee requests a delay and/or
store management requests the vacation delay, it must be made in
writing to the VP/Human Resources, who will respond within seven (7)
days, in writing, if the request for delay is rejected.
B. A blackout period will exist from November 1st each year until
December 31st of each year where no vacation will be allowed. An
employee will never be paid for vacation in lieu of time off.
Employees who qualify for vacation during the blackout period,
November 1 through December 31, shall be eligible to take their
vacation after January 1st of the next calendar year.
C. All full and part time employees shall be eligible for vacation pay
as follows:
1. Upon completing six (6) months employment - one (1) week
2. Upon competing one (1) year employment - two (2) weeks
3. Upon completing seven (7) years employment - three (3) weeks
4. Upon completing twenty (20) years employment - four (4) weeks
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Part-time employees shall be entitled to vacation on the same basis
as set forth herein, but pro-rated in the proportion that their work
hours bear to the full workweek.
FAIR TREATMENT AND RESPECT:
A. The Employer agrees that each employee should be treated with
respect and dignity. The Employer will not tolerate verbal abuse or
threats by managers. Discipline should not be administered in the
store selling areas or in front of other bargaining unit employees.
The Union member may request the presence of the Union Xxxxxxx or
other witness at any disciplinary meeting. Discipline shall be
administered in a professional, adult and non-confrontational
manner.
ARTICLE IX. CHECKOFF
A. During the second week of each and every month the Employer agrees
to deduct and remit to the Union the Union's regular membership dues
and initiation fees, upon condition that the Union shall furnish the
Employer with a lawful checkoff authorization form executed by the
employee.
B. The Employer will notify the Union of any revocation of such
authorization received by it.
C. This authorization shall automatically renew itself unless written
authorization for revocation is submitted as above directed.
D. Any monies deducted, except monies deducted in error, from the
employees are to remain the property of the Union, and in no event
shall the Employer be permitted to use said monies for any other
purpose, but as stipulated above.
E. All monies deducted in accordance with the provisions of this
section shall be promptly remitted to the Union at its office with a
list of all workers and the amounts of money deducted from each.
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ARTICLE X. MANAGEMENT PEROGATIVES:
A. Any and all rights and perogatives of the Employer in the operation
and management of its business and the direction of its employees,
including the making of work rules in connection therewith, shall be
and remain vested in the Employer, except as modified by this
Agreement.
B. The management of the business and the direction of working forces
is vested exclusively in the Employer. All employees shall perform
any duties to which they may be assigned in the performance of their
duties.
ARTICLE XI. WAIVER AND MODIFICATIONS:
A. The failure of either party to enforce any term, condition,
covenant, rule or regulation contained herein, shall not be deemed
to be a waiver of these terms, conditions, covenants, rules or
regulations, nor shall either party be stopped from demanding
performance of those terms, conditions, covenants, rules or
regulations.
ARTICLE XII. STRIKES AND LOCKOUTS:
A. There shall be no strike, picketing, slowdown, or work stoppage by
the Union or its members, or a refusal by any employee to cross a
picket line in sympathy with the sponsors of such picket line, and
there shall be no lockout by the Employer of any kind whatsoever,
during the life of this Agreement. In the event of an unauthorized
strike, picketing, slowdown or work stoppage the Union will
immediately disavow such action and will instruct its members to
return to work or to their normal level of work.
B. In the event of a breach of Article XII by the Union and/or its
members, that the Union does not immediately disavow, the Union will
consent to an injunction by a Court of competent jurisdiction and
agrees to pay all damages and all costs arising from a breach of
this section. If the Union and /or its members do NOT disavow, the
Company, at its election, can Lockout without violating this
section.
ARTICLE XIII. GRIEVANCES AND ARBITRATION
A. Any disputes between the Union and the Employer arising out of or
under this Agreement shall be first taken up for amicable adjustment
between the disputants.
B. If the parties to any such dispute shall be unable to adjust such
dispute, then such dispute shall be referred to arbitration. All
complaints, disputes or
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grievances of whatsoever kind or nature arising between the Union
and the Employer concerning any provision of this Agreement, shall
be submitted for arbitration to an arbitrator designated by mutual
agreement of the parties. If within ten (10) days the parties fail
to reach agreement on the designation of an arbitrator the matter
shall be submitted to the AMERICAN ARBITRATION ASSOCIATION which
shall submit a panel of arbitrators pursuant to its rules and
procedures from which the parties will choose an arbitrator. The
arbitration shall be brought on by written notice sent by the party
requesting the same addressed to the other party at the address set
forth in this Agreement. Said notice shall not be required to set
forth the issues but should state that a grievance or dispute exists
between the parties. It is expressly agreed between the parties
hereto that should any dispute or grievance arise after the sending
of such notice, all such additional disputes or grievances shall
likewise be arbitrated at the time of the arbitration hearing. The
arbitrator shall upon such notice as he shall give to the parties,
(which notice shall be deemed good and sufficient notice), proceed
to a hearing at the time and place fixed by him. If either party
fails or refuses or neglects to appear, then the arbitrator shall
hear the evidence of the party appearing and render his decision as
if both parties had appeared. The decision of the arbitrator shall
be binding upon the parties and the employees and shall have the
effect of a judgment entered upon an award as provided by the New
York State law. The parties consent that any papers, notices,
process, including subpoenas, necessary or appropriate to institute
or continue an arbitration, or to enforce or confirm an award, shall
be deemed duly and sufficiently served if served by ordinary mail
directed to the party's address as set forth in this Agreement, or
to the party's attorney. The arbitrator is empowered to include in
his award mandatory and injunctive relief and to assess damages. The
expenses of arbitration hereunder shall be borne equally by the
parties hereto.
C. Time shall be of the essence in any arbitration proceeding and both
parties to the dispute shall exert their best efforts in obtaining a
speedy determination.
D. Any claim for unpaid compensation to which an employee may be
entitled under the provisions of this Agreement shall be deemed
waived unless such claim is made within six (6) months from the date
when such unpaid compensation may have become due and payable. Any
such claim, made more than six (6) months after it was allegedly due
and payable, shall not be subject to the grievance and arbitration
provisions of this Agreement.
E. The Company agrees to pay Union store representatives for attendance
at grievance meetings.
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F. Under no conditions, will the Union be permitted to grieve or
arbitrate a violation of Article XII, or any other Article of this
Agreement, while the Union and/or its members are in active
violation of Article XII.
ARTICLE XIV. BEREAVEMENT PAY
A. All covered employees who have been employed six (6) months or more
by the Employer shall receive a maximum of three (3) days
bereavement leave in the event of the death of a father, mother,
sister, brother, child, or spouse. Bereavement leave shall be
counted starting with the day after death, and the employee shall be
paid for any day he is regularly scheduled to work during such three
(3) days of leave.
ARTICLE XV. SICK LEAVE
A. Employees who have worked at least six (6) months, excluding
absences, shall be entitled to receive five (5) days sick leave with
pay each contract year. Sick leave shall not be cumulative, and
unused sick leave days will be paid at the end of the contract year.
B. An employee who claims sick leave pay for taking time off when such
employee was not ill shall be subject to discharge for good cause.
The Company reserves the right to verify all absences due to
sickness before payment.
ARTICLE XVI. WELFARE
A. The Employer agrees to pay the Amalgamated Cotton Garment and Allied
Industries Health Fund $215.00 per month, effective on the first of
the month following a full time employees completion of one hundred
and fifty (150) days of employment.
B. All full-time employees, following the completion of one hundred and
fifty (150) days of employment, will be eligible to participate in
the Xxxxx Xxxxx Prescription program.
C. The parties agree that Xxxxx Xxxxx Inc. shall continue to make
contributions to the Amalgamated Cotton Garment and Allied
Industries Health Fund as set forth in the Supplemental Agreement
already executed by the parties, except as modified by the
Collective Bargaining agreement and any other agreements between the
parties.
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ARTICLE XVII. AMALGAMATED COTTON GARMENT & ALLIED INDUSTRIES RETIREMENT FUND:
A. The Employer agrees to contribute into the AMALGAMATED COTTON
GARMENT & ALLIED INDUSTRIES RETIREMENT FUND on behalf of all
full-time employees who have completed ninety (90) days of
continuous service an amount as specified in the pension supplement
to this contract.
B. The parties agree that Xxxxx Xxxxx Inc. shall continue to make
contributions to the Amalgamated Cotton Garment and Allied
Industries Retirement Fund as set forth in the Supplemental
Agreement already executed by the parties, except as modified by the
Collective Bargaining agreement and any other agreements between the
parties.
ARTICLE XVIII. NOTICES
A. All notices required to be made hereunder must be made in writing,
by certified or registered mail, and sent by each party hereto to
the other to the addresses respectively set forth hereinabove,
unless similarly notified in writing of a change in address.
ARTICLE XIX. UNION VISITATION
A. Representatives of the Union shall be permitted to visit the store
of the Employer for a reasonable period of time for the purpose of
meeting with the employees and for the purpose of observing whether
or not the terms and conditions of this Agreement are carried out.
No more than three (3) named Union representatives shall be engaged
in Xxxxx Xxxxx visitations. The Union shall name the three
representatives and notify the Company of any changes no more
frequently than once every thirty (30) days. Such visits are not to
interfere with the normal operations of the store.
B. The Union shall represent the employees of the Employer and the
Employer shall deal with the Union or its duly accredited
representative with respect to any matter affecting same.
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ARTICLE XX. INVALIDATION
A. Should any section, or portion thereof, of this Agreement be held
unlawful and unenforceable by any tribunal of competent
jurisdiction, such decision shall apply only to the specified
section or portion thereof directly specified in the decision and
not affect the validity or enforceability of the remainder of this
Agreement, including but not limited to Article XII.
B. To whatever extent any section or portion thereof in this Agreement
is invalidated, the cost savings realized by the Company in
executing this Agreement must be recognized. The Union will work
with the Company in regards to salary and benefit programs such that
the sum of all changes will equal the cost savings realized by the
Company in executing this Agreement.
ARTICLE XXI. SUCCESSORS
A. This contract shall inure to the benefit of and be binding upon the
parties hereto, their successors and assigns. In the event that
Local 340A merges with another union, that is not currently part of
UNITE and, that represents employees in Xxxxx Xxxxx'x market, Xxxxx
Xxxxx Inc., in its sole discretion, may elect to terminate this
agreement by providing a thirty (30) day notice of its intention to
terminate this agreement. In the event of a change in control of
Xxxxx Xxxxx Inc., the purchaser may elect to reopen this Agreement
by providing a thirty (30) day notice of its intention to reopen
this Agreement, providing the stores continue to operate under the
Xxxxx Xxxxx name. If the purchaser elects not to operate the stores
under the Xxxxx Xxxxx name, the purchaser can elect to terminate
this Agreement by providing a thirty (30) day notice of its
intention to terminate this Agreement..
ARTICLE XXII. TERM OF AGREEMENT
A. This Agreement shall be in full force and effect from the 1st day of
April, 2001 through and including the 31st day of March, 2004 and
shall thereafter be automatically renewed for one (1) year unless
and until either party shall give to the other, not later than two
(2) calendar months prior to the expiration of the original or any
such renewal term, a written notice of election not to renew.
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ARTICLE XXIII. COMPLETE AGREEMENT
A. It is agreed that this Agreement is a complete agreement and covers
all subjects and matters negotiable between the parties. It may not
be changed orally, and may be amended only by a writing signed by
the parties hereto.
ARTICLE XXIV. WAGE SCHEDULE
A. Wage Progression Schedule: All Employees hired and on the active
payroll of the Company as of April 1st, 2001 shall be paid according
to the following schedule.
Start $5.15
After 60 Days $5.60
After 6 Months $5.90
After 12 Months $6.15
After 18 Months $6.40
After 24 Months $6.70
After 30 Months $7.00
After 36 Months $7.40
B.. If there is an increase in the Federal or State minimum wage during
the term of the Agreement only progression steps below the new
minimum will be adjusted.
C. All employees who are at the maximum or above the progression
schedule and have completed a year of active service as of the
increase date, will receive an across the board increase of thirty
cents ($.30) per hour, effective April 1, 2001, April 1, 2002 and
April 1, 2003.
D. All employees scheduled to work from midnight to eight a.m. shall
receive an additional $1.50 per/hour.
E. All employees on the payroll April 1, 2001 who are still employed
October 1, 2001 shall receive a bonus of $100.00. All employees on
the payroll as of April 1, 2001 who are still employed as of April
1, 2002 shall receive an additional $100.00.
ARTICLE XXV. UNION ISSUES:
A. Where physically possible, the Employer will provide a bulletin
board for Company and Union business in an employee gathering area
(i.e. lounge, break room etc.) and will provide space for Union
literature.
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B. The Employer agrees to provide a fifteen (15) minute Union
indoctrination at the start of employment for all new hires in
stores represented by LOCAL 340A UNITE conducted by the store Union
representative.
C. During the first year of this contract, any employee who accepts a
temporary salaried position with the Union shall be granted a leave
of absence from the Company for up to one year and upon his/her
return be granted all rights and privileges including seniority
status. The Union agrees to reimburse the Company for all benefit
costs during the temporary leave.
ARTICLE XXVI. HEALTH & SAFETY ISSUES:
A. The Company agrees to provide the following:
1. A re-usable covering garment for use to protect employee's
clothes. A supply will be sent to each store and controlled by
store management.
2. Clean restrooms and breakrooms
3. Properly ventilated work areas
4. Access to clean drinking water
ARTICLE XXVII. JURY DUTY:
A. The Company agrees to compensate employees for up to three days pay
in conjunction with applicable court stipends for time lost while
serving on jury duty.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the
above date.
LOCAL 340A XXXXX XXXXX INC.
NEW YORK JOINT BOARD, UNITE
By: __________________________ By:___________________________
Date Signed: _____________________ Date Signed:_________________________
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PENSION SUPPLEMENT
XXXXX XXXXX LOCAL 340A AGREEMENT
Xxxxx Xxxxx Inc. shall make contributions to the Amalgamated Cotton Garment &
Allied Industries Retirement fund at the rate of five cents ($0.05) per hour for
each compensated hour for all full-time employees who complete ninety (90) days
of employment.
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