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Exhibit 10.40
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
QUINCY CORPORATION, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO
JANUARY 21, 2001
PREAMBLE
The Employer, the Union and employees recognize the obligations of its
members to work towards efficient operation of the Employer and the
demands of the Employer's customers. Therefore, it is the purpose of
this Agreement to obtain a maximum efficiency in the operations of the
Employer; to eliminate all interruptions of work and interference in
operations; to secure a prompt and fair disposition of grievances; and
to set forth other conditions of employment during the life of this
Agreement.
I. PARTIES
THIS AGREEMENT is between QUINCY CORPORATION, INC.
(hereinafter referred to as the "Employer") and its
successors, provided that such successor is at least fifty one
percent (51%) owned by existing shareholders of the Employer
as of the date of this agreement, and UNITED FARM WORKERS OF
AMERICA, AFL-CIO, (hereinafter referred to as the "Union").
II. RECOGNITION/UNION RIGHTS AND OBLIGATIONS COMPANY/UNION COOPERATION
A. The Employer does hereby recognize the Union as the sole labor
organization representing the rights of its employees
described in Attachment A, hereafter collectively called
"workers".
B. The Employer further recognizes the rights and obligations of
the Union to negotiate wages, hours and other terms and
conditions of employment and to administer this Agreement on
behalf of the covered employees. The Employer will inform all
employees immediately upon their employment of its policies
and commitments as set forth above. The Employer will hand out
a notice to new employees immediately upon their employment
regarding the collective bargaining agreement and the
commitment of Employees, Employer and Union working together
in partnership.
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C. Neither the Employer nor its representatives will interfere
with the right of any worker to join and assist the Union. The
Employer agrees that employees will secure no advantage, no
more favorable consideration nor any form of special privilege
because of non-participation in Union activities. Further, the
Employer agrees with and recognizes the right of workers to
support and participate in collective bargaining and contract
administration functions.
D. The Union agrees with the objective of achieving the highest
level of employee performance and production consistent with
safety and good health, and to use its best efforts to
effectuate the same with employees.
III. HOURS OF WORK, OVERTIME, WAGES AND BENEFITS
A. Wage rates for specific job classifications are set forth in
Article XXVI.
B. Overtime: Hourly employees shall receive time and one-half
(1 1/2) their regular rate of pay for all hours worked over
forty (40) in a given seven (7) day calendar week, except for
employees covered by the harvesting incentive pay system, in
this case the employee should be paid the normal incentive pay
amount plus 1/2 their base hourly rate.
C. Mealtime breaks shall be one-half (1/2) hour.
D. Pay Periods and Pay Days: Employees will be paid on a weekly
basis and will receive their paycheck every Thursday.
E. Employees shall have paid rest periods of fifteen (15) minutes
each, which insofar as practical, shall be in the middle of
each continuous four (4) hour work period. The afternoon
breaks will be in accordance with this language.
IV. UNION SECURITY
A. The Employer agrees, upon written authorization from the
employee, to deduct union dues and assessments from the
employee's paycheck each week and remit to the Union's
designee. The deductions will commence the first paycheck ten
(10) working days after the Employer receives the employee's
written dues authorization. Any change in union dues shall
become effective the next paycheck ten (10) working days after
the Employer has received a certification of the change signed
by the Union's President. Employees may revoke their union
dues authorization by written order of revocation to the
Employer and to the Union. Beginning on February 15, 2001,
such written order of revocation may only be submitted between
February 15 and Feb. 22 or between Aug. 15 and Aug. 22 of each
year. A notice to employees shall be given each employee in
the bargaining unit employed at the signing of this agreement
and to each new employee when hired. The Employer will cease
making such deductions from the next paycheck ten (10) working
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days after notice of said revocation is received in writing
from the employee. The Employer shall provide a monthly
summary report containing the names of the members, Social
Security numbers, payroll periods covered, gross wages, total
hours worked per worker and amount of dues and assessments
deducted during such pay periods from each member.
B. Dues and assessments shall be deducted on a weekly basis and
remitted to UFW, Membership Department, X.X. Xxx 00, Xxxxx, XX
00000.
C. The Union agrees to indemnify and hold the Employer harmless
against any and all claims, suits or other forms of liability
arising out of the deductions of money for Union dues and
assessments from an employee's pay. The Union assumes full
responsibility for the disposition of the moneys so deducted
once it has been remitted to the UFW's Membership Department.
V. HIRING
A. The Union will provide a list of applicants to the Employer
for consideration when new or additional employees are needed
in the areas referred to in Attachment A.
B. Promotion and Job Bidding. In the event a permanent vacancy in
a job classification in the bargaining unit arises, which the
Employer decides to fill, the following procedures shall
apply.
1.) The Employer will post the job for seven (7) working days
on bulletin boards and otherwise announce the vacancy
consistent with the Employer past practice, including
allowing non-bargaining unit employees to bid bargaining
unit jobs and vice versa.
2.) Employees who wish to be considered for the posted vacancy
must apply in writing during the posting period to the
Employer's designee.
3.) If the designee decides to fill the position while the
permanent assignment is being made, he may do so with any
qualified employee, provided experience gained during such
temporary assignment shall not be determinative in filling
the vacancy permanently.
4.) The Employer's designee will consider all timely
applications from qualified employees and fill the vacancy
based on:
a. Qualifications and ability to perform the work.
b. Past disciplinary records. Employer will review
employees past two (2) years performance to determine
past disciplinary actions, if an employee has less
than two (2) years service, the lesser seniority
period will be the look back period for all applicants.
c. Job Classification seniority.
When factors a and b are relatively equal, Job Classification
seniority shall be given primary consideration.
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VI. SENIORITY
A. Probationary Period. A newly hired employee in the bargaining
unit will be considered a probationary employee for the first
ninety (90) calendar days of employment. During the
probationary period, the Employer retains the right to layoff,
terminate, transfer, or discipline such employee subject only
to the law and the employee shall have no recourse to the
grievance or arbitration procedure provided herein. After
successful completion of the probationary period, the employee
shall be placed on the seniority list as of his date of hire.
Annual leave shall accrue during probation and may be taken as
earned under the same conditions applicable to
non-probationary employees. No accrual of benefits will be
paid to employees who do not complete probation.
B. Farm Seniority. Farm seniority shall be the time of cumulative
service as an employee of the Employer.
C. Job Classification Seniority. Job Classification seniority
shall be the time of cumulative service on the active payroll
of the Employer working within a designated job
classification. An approved leave of absence will qualify as
part of cumulative service.
D. Priority. Where two or more employees have the same seniority
date or dates, under sections B and C of this article, the
seniority dates shall be determined by the employee's
birthday.
E. Regaining Seniority. If a former employee is rehired, he will
establish a new Job Classification seniority. Credit for
Medical Insurance, Pension and Section 401(K) Plan
participation shall not be restored unless allowed by the
particular Plan.
F. Promotions Within the Unit. When an employee is promoted to a
different position within the bargaining unit, he shall be on
a trial period for thirty (30) days during which time he may
elect to return to the position from which promoted. However,
if the prior position has been filled, the returning employee
will be placed in another position but with no reductions in
the rate of pay he was receiving initially prior to the
promotion. Upon successful completion of the trial period, job
classification seniority shall accumulate from the date of
promotion. If prior to the end of the 30-day period the
employee is removed and returned to his former or similar open
position, he shall be given Job Classification seniority
credit for the time spent in the job to which he was promoted.
G. Transfer Out of the Unit. At the option of the Employer,
employees outside the bargaining unit may enter or re-enter
the bargaining unit in their former or another position as
long as it does not displace any current bargaining unit
employee. If they are returned to their former or another
position, Job Classification seniority for the period
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they worked outside the bargaining unit shall not be counted
in calculating job seniority, but Job Classification seniority
accumulated before the transfer shall be retained. If any
employee decides to transfer out of the bargaining unit, he
must return within ninety (90) days to keep his job
classification seniority.
H. Seniority List. Upon the execution of this Agreement, the
Employer shall prepare a seniority list for bargaining unit
employees which shall show Farm and Job Classification
seniority. The Employer will provide the Union with a copy
within a reasonable time period. After the initial list a
seniority list will be provided to the Union within five (5)
working days of a written request but no more than once during
a calendar quarter.
I. Layoff. In the event of a layoff, employees will be selected
for layoff on the basis of the following factors:
1.) Job Classification seniority.
J. Employees will be recalled in inverse order of layoff by Job
Classification.
VII. GRIEVANCE AND ARBITRATION
A. A grievance is defined as any difference between the Employer
and any employee or the Union involving the interpretation or
application of the provisions of this Agreement, or a claim of
a violation of this Agreement. Whenever a grievance arises
between the Employer and the employee or the Union, the matter
will be handled in accordance with the following procedure:
B. Informal. Except in cases involving disciplinary action which
shall proceed immediately to Step 1, the employee shall meet
to discuss the grievance informally with his immediate
supervisor and attempt to resolve the grievance before it may
be filed in Step 1. The employee must request this meeting not
more than ten (10) working days after the occurrence which
gives rise to the grievance. Failure of the employee to
request a meeting within the time set shall be deemed a waiver
of the grievance and it shall not be subject to further
processing under this Article or otherwise. A Union xxxxxxx
may be present if the Employee requests; however, the employee
shall have the right to adjust his grievance with or without
the assistance of the Union.
C. Step 1: Within ten (10) working days after the meeting in the
informal step, the grievance shall be reduced to writing and
signed by the employee and presented to his or her immediate
supervisor. The written grievance must include:
a. A statement of the grievance and a summary of the facts
on which the grievance is based.
b. The remedy requested.
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c. The Article and Section of the Agreement which the
grievant claims has been violated.
D. Step 2: Within ten (10) working days of presentation of the
written, signed grievance, the employee, one local
representative of the Union, and the Employer's designee shall
meet and/or discuss the grievance. A second meeting will then
be held with the employee's manager, or the next level of
management above the grievant's immediate supervisor,
whichever applies, the Employer's designee, and one local
representative of the Union to meet and/or discuss the
grievance. The management representative will respond in
writing within ten (10) working days of the conclusion of
these two meetings and/or discussions
E. Step 3: If the grievance is not settled in Step 2 above,
within ten (10) working days of receipt of the Employer's
response in Step 2, the Union shall notify the Employer in
writing of its appeal of the grievance to Step 3. Within ten
(10) working days of delivery of the written notice of appeal
to Step 3, the Union and the Employer's designee shall meet
and/or discuss the grievance. The designee shall respond in
writing within ten (10) working days after the meeting or
discussion. Failure of the parties to meet to discuss the
grievance within the time provided in Steps 1, 2 and 3 of the
grievance procedure or failure of the Employer to respond at
any step shall be deemed a denial of the grievance. The Union
must then proceed to the next step within the time limits,
just as if the Employer had denied the grievance in writing on
the last day for a response. Failure of the Employer to
respond at any step shall not in any way restrict the
Employer's or the Union's right to raise any issue or present
any evidence it deems appropriate in support of its position
in any subsequent arbitration or other administrative or
judicial proceedings.
F. Arbitration. Any signed, written grievance which is not
settled pursuant to sections B, C, D and E of this article,
shall be submitted to binding arbitration upon the request of
either party. Arbitration proceedings must be initiated by
serving a written request for arbitration by the Union or the
Employer within forty-five (45) working days of the response
of the Employer under Step 3 above or the last day on which
the Employer could have responded to Step 3, whichever occurs
first.
G. Selection of Arbitrator. As soon after the request for
arbitration is served as is conveniently possible, the parties
shall meet or confer by telephone in order to select an
arbitrator to hear and decide the grievance. If the parties
are unable to agree on an arbitrator, the party requesting
arbitration shall request the American Arbitration Association
to supply the parties with a panel of seven (7) arbitrators.
Within five (5) working days after the receipt of such panel,
the parties will meet or confer by telephone or in person to
select an arbitrator. The Union and the Employer shall each
have the right to alternatively strike three (3) names from
the list. The name remaining shall be the arbitrator. Subject
to section H of this article, the arbitrator selected shall
decide the dispute and such decision shall be final and
binding on the parties and the employees.
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The expenses of the arbitrator shall be paid equally among the
parties. However, each party shall be responsible for its own
attorneys' fees, any court reporting services it wishes to
use, and the wages of employees, whether they be witnesses,
potential witnesses, representatives, or grievant, it utilizes
in any arbitration proceeding.
H. Authority of Arbitrator. The jurisdiction of the arbitrator is
limited and confined to the interpretation and application of
the specific provisions of this Agreement to the grievance.
The arbitrator shall in no way alter, amend, or modify the
terms of this Agreement. When any employee has been
disciplined for one or more of the rules and regulations of
the Employer and said discipline is subjected to this Article,
the arbitrator shall deny the grievance if he is satisfied by
a preponderance of the evidence that the employee violated
such rule or regulation. Under no circumstances may an
arbitrator award back wages or monetary relief to any employee
for a period more than ten (10) working days prior to the
submission of the grievance to Step 1. Monetary awards shall
be limited to the amount of the back wages and benefits the
employee would have otherwise earned less unemployment
compensation and other earnings. No relief may be granted to
any employee who has not timely filed a grievance as required
above. The arbitrator may not consider more than one (1)
grievance without the agreement of both parties; provided,
multiple grievances properly raise the same issues which have
been properly appealed. The arbitrator shall have no power to
establish wage scales or fringe benefits or to change the
established wage scale or schedule of fringe benefits.
I. Finality of Decision. The decision of the arbitrator shall be
supported by substantial evidence on the record as a whole and
shall be final and binding on the employees, the Employer and
Union.
J. Time Limits. The time limits set forth above are to be
considered of the essence to the grievance and arbitration
procedure. The failure of the employee or the Union to meet
any time limit set forth therein shall be deemed to constitute
waiver of the grievance and acceptance of the Employer's
position. The time limits in sections B, C, D and E of this
article may be extended in writing by mutual consent of the
parties.
K. Limitations. The party referring a grievance to arbitration
shall have the burden of proof, except the Employer shall have
the burden of proof in disciplinary grievances unless this
Agreement provides otherwise.
L. Precedent. In order to encourage prompt resolution of
grievances, agreements and compromises of grievances made
under this section shall not be cited by either party as
precedent in any subsequent arbitration proceeding without the
consent of the other party.
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M. Witnesses. Each party shall be responsible for the pay of the
representatives and witnesses it uses in arbitration or
preparation therefore. Time spent by witnesses called to
testify by the Union in an arbitration proceeding will not be
counted as time worked.
VIII. NO STRIKE CLAUSE
For the duration of this Agreement, the Union, its officers,
representatives, members and the Employer's employees covered
by this Agreement, shall not authorize or condone, nor shall
they take part in or participate in any strike, slow down,
picketing, stoppages of work, boycott or other interruption of
or interference with the Employer's business or its operation
at any location.
Failure or refusal on the part of any employee to comply with
any provision of this Article shall be cause for disciplinary
action, up to and including discharge.
If there is a dispute as to whether an employee violated this
Article, the only issue that may be grieved shall be whether
the employee violated the Article. Upon proof, the arbitrator
shall uphold the Employer's disciplinary decision.
The Employer agrees that it will not lock-out employees for
the duration of this Agreement so long as the Union or the
employees do not violate their obligations as set forth in
this Article.
IX. RIGHT OF ACCESS TO COMPANY PROPERTY
A. Duly authorized and designated representatives of the Union
shall have the right of access to Employer property in
connection with the administration of this Agreement or other
normal Union affairs in designated areas. In areas of
operation, access will be granted to observe operations with
prior written approval of Quincy or Modern representatives.
B. The Employer shall recognize the Union stewards for handling
grievances with the employer, provided Union stewards must be
employees of the Employer on the active payroll. The Employer
agrees that the choice and removal of Union stewards is
otherwise a function of the Union. The Union shall notify the
Employer in writing who the current Union stewards or
alternate stewards are and shall furnish the Employer written
notice of any new appointments or changes in stewards. The
selection of an employee as Union xxxxxxx shall in no way
relieve the employee from carrying out his or her usual and
assigned duties in the same manner as is expected of all other
employees. The number of Union stewards should be limited to
one (1) chief and two (2) stewards. Alternates may be
substituted when a xxxxxxx is absent for an extended period of
time.
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C. Stewards shall not leave their jobs while on shift for the
purpose of investigating, presenting, handling or settling
grievances with management except by permission of the
Employer's designee. All such activities handled during the
xxxxxxx'x working time will be paid for by the Employer,
however, the stewards will, whenever possible, handle
activities during non-working time. The Employer shall not be
responsible for the wages of any xxxxxxx while they are
involved in arbitration under this Agreement. Activities of
stewards shall in no way interfere with the operation of the
Employer.
D. The Employer will allow no more than five (5) UFW officials to
visit the Employer's property provided the Union receives
prior approval in writing by the Employer for each visit.
During any visit, the Employer will have one or more of its
representatives present to accompany the UFW officials. The
Union officials will not in any fashion interfere with the
work of the employees.
X. DISCIPLINE AND DISCHARGE
A. Cooperation and Support. The Union agrees to support all the
rules and regulations of the Employer. Those rules will be
supplied to the Union's local President and the UFW.
B. Quincy Farms Rules. For the best interests of the Employer and
its employees, all employees will abide by the rules,
regulations and policies of the Employer. Violation of any of
the Employer's rules, or for just cause, shall be considered
cause for disciplinary action up to and including discharge.
The Employee may grieve and arbitrate any action under this
section.
XI. DISCRIMINATION
In accordance with the policies of the Employer and the Union,
it is agreed that there shall be no discrimination against any
employee because of race, age, creed, color, religion, sex,
sexual orientation, national origin, political belief,
disability, marital status, language spoken or activities on
behalf of or in opposition to any labor organization.
XII. LEAVES OF ABSENCE
A. General Leaves. Leaves of absence without pay are discouraged;
however, at the Employer's discretion, an employee who has
used all accumulated unused annual leave may be granted a
leave of absence for good reason without pay which in no event
shall exceed thirty (30) days, unless a longer leave is
allowed by law. Leaves of absence for personal reasons will be
granted only when the services of the employee are not
immediately required and there are other employees capable of
doing the work.
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B. Activities During Leaves. Leaves of absence will not be
granted for the purposes of allowing employees to take another
position temporarily, try out new work, or venture into
business for himself. Engaging in any of these activities
during a leave of absence will result in termination for the
employee.
C. Return From Leave of Absence. Upon returning to work from an
authorized leave of absence under this Article, an employee
shall be entitled to the job he left, or a job similar to the
one he left. If such job or jobs have been eliminated or
another employee has been permanently transferred to take over
such job or jobs, the Employer shall have the right to place
the returning employee in any job which it deems him capable
of performing.
D. Union Activities. Should an employee wish time off to attend
Union conventions or training sessions, he shall file a
written request just as he would when requesting other leave
without pay, but not less than ten (10) days before the
requested leave is to begin. Such leaves may be no longer than
five (5) working days and no one xxxxxxx may take more than
ten (10) working days off a calendar year for such leaves. The
Employer's designee will review a properly filed request and
grant the leave request if in his discretion he determines
such leave will not be operationally inconvenient. All such
leaves will be without pay.
E. Long Term Leave. An employee may request a leave of up to one
year to conduct Union business, subject to written request
procedures listed above.
XIII. INS
The Employer agrees to notify the Union of immigration status
issues pertaining to members of the bargaining unit which
arise during the term of this Agreement. In carrying out its
obligations under immigration law, the Employer shall abide by
all applicable laws and regulations. To the extent the Union
seeks to assist bargaining unit members on immigration related
issues, the Employer will work cooperatively with the Union to
the extent such cooperation is consistent with applicable
federal immigration laws and regulations.
XIV. SSA LANGUAGE
When the Employer receives written notice from the Social
Security Administration concerning the verification of Social
Security numbers, the Employer shall promptly fax said notice
to the Union. The Employer shall provide a minimum of thirty
(30) days following written notice to each such employee to
correct his or her records before terminating the employee.
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XV. MAINTENANCE OF STANDARDS
Employer agrees that all terms and conditions of employment
for employees relating to wages, hours of work and general
working conditions shall be maintained at no less than the
highest standards in effect as of the date of this agreement.
XVI. BARGAINING UNIT WORK
A. Supervisors and other persons not included in the bargaining
unit shall not perform any work covered by this Agreement
except for instruction, training, testing equipment,
experimental and developmental work, emergencies, or other
occasional and incidental types of work which does not deprive
bargaining unit workers of work or avoid the recall of
bargaining unit workers for work they would normally perform.
B. It shall not be a violation of this Agreement for persons
other than bargaining unit employees to perform bargaining
unit work consistent with the Employer's past practice.
XVII. MANAGEMENT RIGHTS
All inherent and common law management functions and
prerogatives which the Employer has not expressly modified or
restricted by this Agreement are retained and vested
exclusively in the Employer and are not subject to arbitration
under this Agreement. The Employer specifically reserves the
exclusive right in accordance with its judgment to reprimand,
suspend and otherwise discipline employees; to discharge
employees for just cause, which includes violation of company
regulations and policies; to hire, promote, demote, transfer,
layoff and recall employees to work; to determine the starting
and quitting times, and the number of hours and shifts to be
worked; to maintain the efficiency of employees; to close down
the operation or any part thereof, or expand, reduce, alter,
combine, transfer, assign or cease any job, department,
operation, or service; to control and regulate the use of
machinery, equipment and other property of the Employer;
including but not limited to transferring or subcontracting
with satellite growers for the cultivation, growing and
harvesting of mushrooms provided that such subcontracting is
not conducted on the company's existing property; to determine
the number, location and operation of stations and divisions
and departments thereof; to assign work and overtime; to
determine the size and composition of the work force; to make
or change rules, procedures, policies and practices not in
conflict with the provisions of this Agreement; to assign or
reassign equipment, jobs and work locations; to set schedules,
hours and days of work; to establish standards of conduct and
work for employees; to introduce new or improved production,
maintenance, services and packing methods, materials,
machinery and equipment and otherwise generally manage the
business; and to direct the work force.
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The Employer's failure to exercise any function hereby
reserved to it, or its exercising any such function in a
particular way, shall not be deemed a waiver of its rights.
XVIII. RECORDS AND PAY PERIODS
A. The Employer shall keep full and accurate records, including
total hours worked, piece rate or incentive rate records,
total wages and total deductions. Employees shall be furnished
a copy of the itemized deductions, hourly rates, hours worked
and total wages each payday which shall include the employee's
piece rate production records.
B. The employee may request to examine time sheets, piece rate
records and other records that pertain to the employee's
wages. A Union representative may be present at the employee's
request.
XIX. BULLETIN BOARD
The Employer shall provide bulletin boards placed at such
locations as shall be mutually agreed.
XX. MODIFICATION
No provision or term of this Agreement may be amended,
modified, changed, altered or waived except by written
document executed by the parties hereto.
XXI. SAVINGS CLAUSE
If any part of this Agreement is, or is hereafter found to be,
in contravention of the laws or regulations of the United
States or of any state having jurisdiction, such part shall be
superseded by the appropriate provisions of such law or
regulation so long as the same is in effect, but all other
provisions of this Agreement shall continue in full force and
effect.
XXII. JDLC PENSION PLAN
Commencing on March 31, 1999 the Employer shall contribute to
the Xxxx De La Xxxx Farm Workers Pension Plan in the amount of
five cents ($.05) for each hour worked by all employees
covered under this agreement.
The monthly contributions to the Xxxx De La Xxxx Farm Workers
Pension Plan, together with a monthly summary report, shall be
forwarded to the administrator of the plan no later than the
fifteenth (15th) day of the following month at X.X. Xxx 00000,
Xxx Xxxxxxx, XX 00000, or other such address designated in
writing by the plan administrator.
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XXIII. MEDICAL PLAN
The Employer agrees to continue to offer eligible employees
the existing Blue Cross Medical Plan, however the Employer
retains the right to modify the plan and employee co-pays if
the total cost to the company increases by more than fifty
thousand dollars ($50,000) during a twelve (12) month period.
The Employer will keep the Union informed and discuss other
alternatives with the Union, however the Employer will retain
the right to make any changes that it deems necessary.
XXIV. DISCLOSURE
When the Employer eliminates, adds or modifies rules and
regulations or forms that apply to wages, hours and working
conditions, it will make bargaining unit employees aware of
same and provide the Union a copy of the applicable rule,
regulation or form.
XXV. PROFIT SHARING
All employees of Quincy Corporation who are employed at the
end of each of the years covered by this agreement are
eligible for a profit sharing bonus. The first period will be
January 1, 2001 through December 31, 2001 and the bonus (if
any) will be paid on or before March 15, 2002. The second
period will be January 1, 2002 through December 31, 2002 and
the bonus (if any) will be paid on or before March 15, 2003.
The third period will be January 1, 2003 through December 31,
2003 and the bonus (if any) will be paid on or before March
15, 2004. The bonus (if any) will be calculated as follows:
A. First Period: The following percentage of Quincy
Corporation's audited before interest and tax earnings for the
first period covered by this three (3) year agreement will be
established as a bonus pool amount:
$0 to $2,200,000 0%
$2,200,001 to $2,500,000 30% of the amount over $2,200,000
Above $2,500,000 10% of excess
Second Period: The following percentage of Quincy
Corporation's audited before interest and tax earnings for the
second period covered by the agreement will be established as
a bonus pool amount:
$0 to $2,700,000 0%
$2,700,001 to $3,000,000 30% of the amount over $2,700,000
Above $3,000,000 10% of excess
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Third Period: The following percentage of Quincy
Corporation's audited before interest and tax earning for the
second period covered by the agreement will be established as
a bonus pool amount:
$0 to 3,000,000 0%
$3,000,001 to $3,500,000 30% of the amount over $3,000,000
Above $3,500,000 10% of excess
B. The bonus pool amount will be divided by the total wages for
the applicable period paid to employees of Quincy Corporation
who are employed at the end of each respective period and the
result is the bonus multiplier.
C. Each employee's total wages paid during the applicable period
will be multiplied by the bonus multiplier to determine the
employee's bonus.
D. The Employer shall submit every six (6) months operating
statements to the Union within forty-five (45) days of the end
of each six (6) month period. The Employer shall also submit
its annual operating statement for 2001, 2002 and 2003 to the
Union within sixty (60) days of the end of the fiscal year.
There shall be no inter- company charges initiated during
2001, 2002 and 2003 that have the effect of reducing the bonus
pool amount. The Employer will not change accounting
assumptions or practices, except as required to conform to
government regulations or generally accepted accounting
principles; and in no event shall such assumptions or
practices be changed to reduce the bonus pool amount. The
Employer agrees to provide for an independent audit of the
Employer specifically designed to verify the bonus pool
amount. This independent audit will be paid for by the
Employer and a copy will be addressed to the Union.
E. If for any reason the Employer is sold, the eligible employees
are fully vested in the prorated share of the profits for the
period the profit sharing plan is in effect. Such prorated
share will be paid to the eligible employees within thirty
(30) days after the completion of the sale of the Employer.
XXVI. WAGES
Year One: (01/21/01 - 01/20/02)
Bargaining unit hourly paid employees will receive a
twenty-five cents ($.25) per hour wage increase effective
January 21, 2001. The Incentive Harvesters who are paid by the
pound will receive an increase per pound picked that will be
equivalent to the hourly increase.
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Year Two: (01/21/02 - 01/20/03)
Hourly paid employees will receive a twenty cents ($.20) per
hour wage increase effective the first pay period of 2002. The
Incentive Harvesters who are paid by the pound will receive an
increase per pound picked that will be equivalent to the
hourly increase.
Year Three: (01/21/03 - 01/20/04)
If Quincy Farms' audited before interest and tax earnings for
the Second Period (defined in Article XXV) is greater than
and/or equal to $2,500,000, hourly paid employees will receive
a twenty cents ($.20) per hour wage increase made retroactive
to the first pay period of 2003. The Incentive Harvesters who
are paid by the pound will receive an increase per pound
picked that will be equivalent to the hourly increase.
XXVII. HOLIDAYS
Because of the nature of the mushroom business, it will be
necessary to work holidays. The company shall pay one and
one-half (1-1/2) times an employee's regular straight time
hourly rate for hours worked on the following recognized
holidays: NEW YEAR'S DAY, XXXXXX XXXXXX XXXX, XX.'S OBSERVED
BIRTHDAY, MEMORIAL DAY, FOURTH OF JULY, LABOR DAY,
THANKSGIVING DAY, and CHRISTMAS DAY.
If you are scheduled to work on a Holiday and fail to do so
without a valid excuse, you will be subject to disciplinary
action on the first occurrence. A second occurrence within a
twelve (12) month period will result in suspension. Repeat
offenders outside of a twelve (12) month period will be
terminated.
XXVIII. VACATIONS/SICK/PERSONAL DAYS
Vacation benefits for regular employees shall be granted on
the following basis:
YEARS OF CONTINUOUS VACATION
SERVICE VACATION DAYS PAY*
1 One week (5) days 2%
3 Two weeks (10) days 4%
10 Three weeks (15) days 6%
*Percent of gross W-2 earnings for the preceding employment
year for the first year of service and for the preceding
calendar year for all subsequent years of service.
A vacation is not earned until an employee reaches his
anniversary date.
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Vacation benefits will be granted only after an employee's
anniversary date. Vacations must be scheduled one (1) month in
advance and approved by your supervisor.
Seniority shall govern in the selection of vacations insofar
as practicable to do so under current operating conditions.
Certain departments have a maximum limit on how many people
can be gone from work at any given time.
Vacation benefits shall not be allowed to accumulate from one
vacation period to the next. A carryover may be allowed for up
to three (3) months if a vacation request was denied due to
scheduling and confirmed by employees supervisor.
Quincy Farms will provide all hourly employees with two (2)
paid personal/sick days per year. The requirements are:
1. Must have been employed at least ninety (90) days.
2. Sick/Personal days will be based on a calendar year.
3. Sick/Personal days cannot be taken prior to, on the
day of, or after a holiday.
4. Sick/Personal days cannot be taken in conjunction with
vacation or any other leave.
5. There will be no accrual of sick/personal days.
6. Employees will be paid eight (8) hours @ five dollars
and fifteen cents ($5.15) per hour for each
sick/personal day.
7. Sick/Personal day payment will be made each year in the
pay periods closest to June 15th and December 15th.
8. Call in requirements are necessary for sick days and
personal days (if not scheduled in advance). If
employee does not call in, the day will be treated as
an unexcused absence.
9. Form must be completed for each day you take. Notify
your Supervisor.
XXIX. SAFETY
The Employer and the Union agree that any material change made
to the Employer's existing Safety Manual will be discussed,
prior to any change, with the Safety Committee.
XXX. DURATION
This agreement shall remain in full force and effect for three
(3) years from the date of this agreement.
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XXXI. COMMENCEMENT OF NEGOTIATIONS
Beginning at least three months prior to the expiration of
this agreement, Quincy and the UFW will meet and will use
their good faith best efforts to negotiate a new agreement
that will promote a relationship that will benefit everyone
concerned.
UNITED FARM WORKERS OF QUINCY CORPORATION d/b/a
AMERICA, AFL-CIO QUINCY FARMS
/s/ Xxxxxx X. Xxxxxxxxx /s/ Xxxx X. Xxxxxxxx
--------------------------------------- ------------------------------
Xxxxxx X. Xxxxxxxxx, President Xxxx X. Xxxxxxxx, President
1/27/01 1/23/01
------- -------
Date Date
/s/ Xxxxx Xxxxxx /s/ Xxxxx X. Xxxxxxxxxxx
--------------------------------------- -------------------------------
Xxxxx Xxxxxx, State of Florida Director Xxxxx X. Xxxxxxxxxxx, CFO
1/24/01 1/23/01
------- -------
Date Date
NEGOTIATING COMMITTEE
Name/Date
/s/ Xxxx X. Xxxxxx
---------------------------------------
/s/ Xxxxxx X. Xxxxxxxx
---------------------------------------
/s/ Xxxxxxx X. Xxxxx
---------------------------------------
/s/ Xxxxxxx Xxxxxx
---------------------------------------
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ATTACHMENT A
DEPARTMENT
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HARVESTING
PACKING
SHIPPING
IRRIGATION
NIGHT SHIFT OPERATIONS
GROUNDS KEEPING
JANITORIAL
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