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EXHIBIT 10.10
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
FILENE'S BASEMENT INC.
AND
UNITED FOOD AND COMMERCIAL
WORKERS UNION LOCAL 1445, AFL-CIO
Effective: February 1, 1998
Expires: February 4, 2002
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TABLE OF CONTENTS
PAGE
ARTICLE I -- AGREEMENT...................................................... 3
ARTICLE II -- RECOGNITION................................................... 4
ARTICLE III -- JURISDICTION................................................. 5
ARTICLE IV -- CHECKOFF...................................................... 8
ARTICLE V -- COMPANY RIGHTS................................................. 9
ARTICLE VI -- WORKING SCHEDULES............................................. 10
ARTICLE VII -- OVERTIME..................................................... 23
ARTICLE VIII -- FUNERAL LEAVE............................................... 26
ARTICLE IX -- WAGES......................................................... 27
ARTICLE X -- PROMOTIONS, TRANSFERS & LAYOFFS................................ 35
ARTICLE XI -- SEPARATION ALLOWANCE.......................................... 39
ARTICLE XII -- USE OF COMPANY RECORDS....................................... 41
ARTICLE XIII -- VACATIONS................................................... 42
ARTICLE XIV -- LEAVE OF ABSENCE............................................. 45
ARTICLE XV -- DISCOUNTS..................................................... 47
ARTICLE XVI -- GRIEVANCE INVESTIGATION...................................... 48
ARTICLE XVII -- CONTRIBUTIONS............................................... 50
ARTICLE XVIII -- PUBLICITY & ANNOUNCEMENTS.................................. 50
ARTICLE XIX -- UNIFORMS..................................................... 50
ARTICLE XX -- INSURANCE..................................................... 52
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ARTICLE XXI -- CONTRACTUAL OBLIGATION....................................... 59
ARTICLE XXII -- VALIDITY.................................................... 60
ARTICLE XXIII -- GRIEVANCE PROCEDURE........................................ 61
ARTICLE XXIV -- ARBITRATION................................................. 63
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ARTICLE I
AGREEMENT
This collective bargaining agreement between Filene's Basement Inc.,
hereinafter referred to as the "Company", and the United Food and Commercial
Workers Union, Local 1445, AFL-CIO, its successors or assigns, hereinafter
referred to as the "Union", shall become effective on the date of its execution
and shall continue in full force and effect until February 4, 2002, and
thereafter, from year to year, unless notice of requested modifications or
termination is given by either of the parties hereto by notice in writing to the
other party mailed or delivered at least sixty (60) days prior to February 4,
2002, or February 1 of any subsequent year. Each party agrees that if such
notice is given, negotiations shall be started within thirty (30) days and that
the parties shall make every reasonable effort to reach an agreement before the
expiration of the contract. Should no renewal agreement be consummated by
February 4, 2002, or February 1 of an year thereafter, the terms of the
agreement shall be extended until ninety (90) days have expired from the date on
which notice was given, as herein above set forth, when by joint agreement of
both parties the unresolved issues may be referred to arbitration.
Notwithstanding the terms of this contract, its expiration date, or any
extensions thereof, Article XX(G) shall be construed as a separate contract
which shall continue in effect until such time as the Filene's Basement
Employees Retirement and Profit Sharing and Savings Plan may be terminated or
modified, in accordance with the Provisions of said Plan.
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ARTICLE II
RECOGNITION
A. The Company recognizes the Union as the sole collective bargaining
agent with respect to rates of pay, wages, hours of employment, or other terms,
tenure or conditions of employment for all employees coming under the
jurisdiction of the Union; as hereinafter provided, in the Boston store. This
agreement is limited to and embraces only such matters as are specifically set
forth herein, except as the parties in writing may add to or modify this
agreement.
The Company and the Union agree not to discriminate against any
individual with respect to hiring, compensation, and other terms and conditions
of employment because of an individual's race, color, religion, sex, national
origin or age, as provided by law, nor will they limit, segregate or classify
employees in any way to deprive any individual employment opportunities because
of race, color, religion, sex, national origin or age, as provided by law.
B. The Company agrees that they will not exercise or countenance any
discrimination, interference, restraint, or coercion by the Company, or any of
their agents, servants, or employees against any employee because of membership
in the Union or because of any lawful activities in behalf of the Union.
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ARTICLE III
JURISDICTION
A. The Union shall have jurisdiction over all employees sixty (60) days on
the Company's regular payroll with the following exceptions:
1. Members of the following Unions:
Carpenters' District Council of Boston and vicinity;
Brotherhood of Painters, Decorators, and Paper Hangers
District Council 35;
International Brotherhood of Fireman, Oilers, Local Number 3;
Boston Joint Board, Amalgamated Clothing Workers of America
when employed in the occupation in connection with which the
Company recognizes these Unions as collective bargaining
agents;
2. Officers of the Company, the Management Board and Executives,
Executive Trainees for the first six (6) months of their employment,
assistants
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and secretaries. A new incumbent shall have the same status with
respect to eligibility for Union membership as the employee whom he or
she replaces;
3. All employees in the following classifications: except
Manufacturers' Representatives whose salaries are paid either in whole
or in part by persons or corporations other than the Company,
Protection Department;
Special employees, except as provided in Subsection (4);
employees on Christmas seasonal payroll (employees hired between
October 15th through the first Monday following the January Inventory);
summer hires; other seasonal employees hired for (90) days or less,
Personnel Division, College Cooperative Students, except in cases where
employment continues beyond the regular Cooperative Student period,
Payroll Clerks, Architects' Staff, Copywriters, Advertising Agents,
Electrical Auxiliary Machine Operators; and,
4. There shall be a ninety (90) day limit on the continued use of
special employees, except in straight commission departments and
replacement of regular employees on disability or leave of absence.
Except as above provided when a job shall have been covered by one or
more special employees for a total of ninety (90) days within a period
of one hundred and twenty (120) working days, thereafter, such job
shall be filled with payroll status.
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B. Regular part-time employees under the jurisdiction of the Union shall
be guaranteed a minimum of four (4) hours daily and twelve (12) hours weekly
unless mutually agreed upon between the Company and the employee, to a maximum
of 29.9 hours per week.
C. Article XX of this agreement shall not be applicable to part-time
employees regularly scheduled to work less than fifteen (15) hours per week.
D. All employees, except those exempted in Section A above, shall be
required as a condition of employment to join the Union after sixty (60)
calendar days on the regular payroll of the Company, and to maintain such
membership in good financial standing in accordance with the provisions relating
to membership dues and initiation fees in the Constitution and Bylaws of the
Union during the life of the contract.
E. An employee who has been in an excluded classification or position and
is permanently transferred into one within the jurisdiction of the Union shall
be required to resume his/her Union membership, and, if he/she has not formerly
been a members of the Union, shall be required to join the Union within sixty
(60) calendar days after such permanent transfer. An employee permanently
transferred from a position under the jurisdiction of the Union to an excluded
position will become ineligible for membership in the Union on the satisfactory
completion of the
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trial period, if any, but in any case not later than one (1) month after the
transfer. Time spent over one (1) year in the excluded classification will not
be applied to bargaining unit seniority.
F. All full time employee shall be deemed to be on probation during the
first sixty (60) calendar days of employment on the regular payroll and all part
time employees shall be deemed to be on probation during the first ninety (90)
calendar days of employment on the regular payroll, during which time he/she may
be discharged within the sole discretion of the Company. The probationary period
may be extended by mutual agreement of the Company and the Union.
G. The Union agrees to indemnify the Company and save the Company harmless
from any claims made against the Company by employees or any other party which
may result directly or indirectly from the execution of this agreement or from
inclusion in the contract of any provisions which may be invalid under the Labor
Management Relations Act of 1947, as amended, or as a result of any action taken
by the Company at the request of the Union.
ARTICLE IV
CHECKOFF
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The Company agrees to deduct weekly from the earned wages of employees
under the jurisdiction of the Union who individually authorize such deductions
in writing on a form acceptable to the Company, initiation fees and dues, and
once each calendar year a deduction for a political contribution, as provided
under the Bylaws of the Union, and to remit same by check to the president of
the Union each week.
ARTICLE V
COMPANY RIGHTS
It shall be the exclusive right and responsibility of the Company,
subject to and in conformity with the provisions of the agreement, to operate
the business under the established policies and rules; to open new departments,
stock new lines of merchandise, hire trained specialists to staff such
departments if not otherwise available, or to discontinue departments or lines
of merchandise; to hire, maintain order and efficiency, transfer, promote and
demote, to lay off, suspend or otherwise discipline, or to discharge for
reasonable cause, provided, however, that an aggrieved employee shall have the
right of appeal through the grievance procedure any such matter not specifically
excluded therein.
It shall be within the Company's sole discretion to revise, eliminate,
consolidate, or add job classifications; temporarily to transfer employees from
selling to non-selling duties and vice-versa; to add non-selling or selling
duties to an
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established job classification on a permanent or temporary basis, without
additional compensation and without a reduction in compensation, provided that
the added duties fall in the same or lower grade except that where less than all
of the employees in a job classification are affected by such an addition, the
change shall be applied to those employees with the least seniority. It is
understood that this exposition of management rights is not all inclusive and it
is agreed that it shall not be deemed to exclude other prerogatives generally
recognized as the functions of management which are not herein specifically
enumerated.
In consideration of this agreement, the Union agrees to cooperate with
the Company in maintaining and improving the skill, ability and production of
its members as employees and in eliminating waste and abuse of privilege.
The Union further agrees that full consideration shall be given to the
necessity for efficient operation of the business.
ARTICLE VI
WORKING SCHEDULES
A. The Company shall determine store open hours. Any changes in store open
hours other than those necessitated by Federal or State order shall be discussed
with the Union before announcement of such change is made.
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The Company agrees that when a permanent opening occurs in any
full-time sales job (thirty hours or more) or a part-time commission sales job
(under thirty hours), notice of such opening will be posted in the store.
Employees will have an opportunity to be considered for such openings. Job
posting will be a minimum of five (5) working days. The Company shall provide
copies of such postings to the appropriate stewards in the facility.
B. The regular schedule of hours for full-time status employees working
forty (40) hours shall be five (5) days with no day totaling more than eight (8)
hours.
C. Permanent changes in regular working schedules for classifications of
less than one (1) hour and for individuals may be made at the discretion of the
Company upon written notice of two (2) weeks to the Union, except that such
notice may be waived by mutual agreement of the Company, the Union and the
majority of the employees affected. The Company shall have sole right to make
temporary changes in schedules to conform with changes in store open hours.
D. For figuring wage deductions for tardiness or absence, the smallest
unit shall be six (6) minutes of any day. When there is a general problem with
public transportation, no employee will be charged with a tardy.
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E. All employees scheduled for more than six (6) hours may have at least
one-half (1/2) hour for lunch, and such lunch or other meal time shall be unpaid
and not included in the schedule of working hours.
F. The Company agrees that schedules shall be so arranged that the day's
work is continuous, except for regular meal periods, not to exceed one (1) hour
each, and for voluntary extra-duty assignments of employees in departments or
classifications other than their own. Such voluntary extra-duty assignments may
either precede or follow the employee's regular schedule for periods not to
exceed four (4) hours a day.
G. RELIEFS
Daily reliefs for employees on a work schedule of more than four and
one-half (4 1/2) hours shall be regularly scheduled as part of the working hours
in employment classifications requiring very close application to operating
equipment or necessitating actual station coverage. Other employees working on a
regular daily schedule of more than four and one-half (4 1/2) hours shall, on
request to the department head, be granted a daily relief period of twenty (20)
minutes, to be arranged by the department head at a time when it will interfere
least with operating or service requirements.
In departments, workrooms, or sections where there is no supervisor in
attendance, a daily relief period of twenty (20) minutes shall be regularly
scheduled
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for every employee whose regular daily schedule exceeds four and one-half (4
1/2) hours.
H. PAID HOLIDAYS
New Year's Day * Washington's Birthday (or another
Memorial Day holiday to be designated by the
Labor Day Company)
Independence Day
*** Veterans' Day Columbus Day
** Christmas Day Thanksgiving Day
* A day off in lieu of this holiday may be scheduled by the Company for
each eligible employee within the period including the two (2) calendar
weeks before and the four (4) calendar weeks after the holiday.
** A day off in lieu of this holiday may be scheduled by the Company for
each eligible employee within the month of January.
*** Veterans' Day shall be a floating holiday with the following
guidelines: employees shall receive time and one-half (1 1/2) for all
hours worked on Veterans' Day; those employees who wish to participate
in Veterans' Day
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parades or meetings may do so with no penalty; employees may take off
another day with pay, mutually agreeable between the employee and the
Company, prior to the close of the year, or they may utilize that day
or a personal day for the purpose of taking Xxxxxx Xxxxxx Xxxx Day as a
paid holiday.
TWO (2) PERSONAL DAYS:
To be taken during the contract year at a time mutually agreeable
between the employee and his or her immediate supervisor. At the discretion of
the Company, associates will be permitted to utilize a personal day without
advance approval for emergencies, illness of family members, or when weather
conditions prevent the associates from reporting to work.
If the store is closed on Easter Sunday employees scheduled to work on
that Sunday will have an option to take a personal day or work those hours on
one of their days off.
Newly hired employees are eligible for two (2) personal days after
completing six (6) months of employment. An employee discharged for theft or
complicity in theft shall not be entitled to pay in lieu of unused Personal
Days.
I. HOLIDAYS AND DAYS OFF
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1. During the workweeks which include the eleven (11) holidays,
all employees, except as are hereinafter provided for in subsections
(2) and (3), who have been employed continuously on the regular payroll
of the Company for sixty (60) calendar days preceding such holiday
workweek and who work the regularly scheduled workdays immediately
preceding and immediately following the holiday, unless the Company
within its discretion waive such requirement for either of such
workdays, shall be paid for such unworked holidays at his or her base
rates. The Company shall have the right to change scheduled days off
for any employees during said eleven (11) holiday workweeks during the
period between Thanksgiving and Christmas, and in any week including a
holiday or half holiday on which a store is open. In any other week
containing a holiday or other regularly scheduled day of closing, the
closed day shall be the only day off. Holiday pay for employees on a
regular full-time schedule, except as hereinafter provided in
subsection (2) below, shall be the basic daily wage that the individual
employee would be paid if working his or her regular daily schedule.
Except for Washington's Birthday, Christmas Day, and the two
(2) Personal holidays, employees on a regular weekly schedule of less
than five (5) days, other than as provided in subsection (2) below,
shall receive holiday pay for the hours regularly scheduled to be
worked by any such employee on the day of the holiday. For the holidays
of Washington's Birthday, Christmas Day
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and the two (2) Personal holidays, whether they be scheduled workdays
or not, and when a holiday occurs on a day that is not a regularly
scheduled workday, the employee's holiday pay will be computed by
dividing the regularly scheduled hours in his/her workweek by the
regularly scheduled number of days in such week.
Anyone who works on a holiday automatically qualifies for the
holiday regardless if they work the scheduled day before or the
scheduled day after the holiday.
2. Subject to the same qualifying and eligibility provisions set
forth in Section (1), straight commission employees shall be paid for
such unworked holidays on the basis of average weekly earnings prorated
daily, as determined annually for the preceding twelve (12) month
fiscal period of the Company for the purpose of establishing the
vacation rate.
Such an employee who has qualified to receive holiday pay and
is required by the Company to work on his/her scheduled day off during
any one of the said eleven (11) holiday workweeks shall be paid for the
time worked in accordance with the provisions of Schedule (C).
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3. Any employee otherwise qualified to receive holiday pay who
takes his or her contractual vacation during a week in which any of the
paid holidays as above defined falls, shall receive either a
compensatory day off that is mutually agreeable between the employee
and the Company to be assigned during the vacation period, or straight
time pay for such holiday.
4. There shall be no day off on the days of the taking of
semi-annual inventories and any employee regularly scheduled to have
such a day off shall instead be assigned another day off during the
same week. The Company may also make changes in employees' scheduled
days off during weeks in which the inventory is taken.
5. Departmental working schedules shall be determined by the
Company and, except in emergency or on days of store closing, shall be
posted by 3:00 P.M. on Friday for the following workweek. Available
days off shall be selected based upon seniority by classification
within such supervisory areas as may be established by the Company.
6. Temporary changes in days off may be made when mutually
agreeable between the employee and his or her immediate supervisor no
later than the Friday previous to the week of the change. Temporary
changes in days off and work schedules may be made unilaterally by the
Company between
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Thanksgiving and Christmas, during holiday weeks, the two (2) weeks of
semi-annual inventories, and with notice in the preceding workweek,
once each calendar quarter the Company may temporarily change an
employee's day off and work schedule for one (1) week. This latter
provision shall apply to employees in sales and stock positions.
J. STOCKTAKING
For the taking of the semi-annual inventory, every regular employee
shall be expected to work beyond his or her regular schedule. On such
semi-annual stocktaking days the Company may arrange special schedules to meet
service requirements. All hours worked by an employee over the number of hours
in the regular full-time schedule will be paid for at the rate of time and
one-half (1 1/2). An inventory allowance of five dollars ($5.00) shall be added
to the compensation of any employee if he or she is assigned to work after 6:00
P.M. on semi-annual inventory as above set forth. Inventory night may be the
second regularly scheduled night in the workweek and all employees are required
to work until completion of inventory.
K. CLASSES
Such voluntary classes or courses of instruction, before or after store
hours as are offered by the Company's Training Department in preparation for
promotions, shall not be considered as working hours, nor included in the
working schedule.
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L. SALES EMPLOYEES
Sales employee's duties will include the cleaning of tops of all glass
and outside of showcases (in their own departments), including mirrors and the
moving of racks and totes and the picking up of supplies.
M. TEMPORARY SCHEDULES
With the exception of employees classified as Merchandise Clerks, there
shall be no temporary change of schedules, either full-time or part-time,
without the assent of the Union, except in cases of emergency, during holiday
workweeks, during the period from Thanksgiving to Christmas, to conform with
store or department open hours, and as otherwise provided in this agreement and
in Article VI, Sections C, I, and J.
In the event of any temporary change in store open hours involving an
earlier night closing, the starting time for second shift employees on the
full-time schedule shall be changed by the Company as they deem necessary to
provide for a full work schedule for such nights of earlier store closing.
N. JURY DUTY
An employee called for and accepted for jury duty, including Grand Jury
duty, shall be granted leave of absence from work without loss of seniority for
the time so spent. Upon submission of appropriate court document or endorsed
check received
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for jury duty service, the employer shall pay the difference to the employee for
each day or hours of jury duty which occurs on the employee's regularly
scheduled workday between the straight time wages up to his/her regular schedule
of weekly hours that would normally be paid by the employer and that received
from such jury duty service, provided, however, the employee shall not be
required to work at such times during the day when he/she is not required to
perform jury duty service.
The Company will comply with the applicable Juror Compensation Laws.
Employees who are required to perform jury duty may be required to work a
maximum of five (5) days including both Company and jury requirements, unless it
is mutually agreeable between the employee and the supervisor to work the sixth
(6) day.
Commission employees will receive the difference between their vacation
average and jury duty pay.
O. AVAILABILITY LISTS
1. Extra hours in a classification on other than a permanent
basis will be offered to employees in their classifications in a
supervisor's area in Boston as follows:
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(a). An availability list will be posted by the first of the
preceding month, and by the fifteenth of the preceding month
employees must declare in writing their availability for hours
over their normal schedule;
(b). Such extra hours will not change an employee's
classification;
(c). Employees shall be chosen from the availability list by
seniority on a rotating basis if present at work, for work
performed on that day;
(d). The employee must take the entire schedule that provides
the extra hours;
(e). If an employee is unavailable when asked in turn, that
employee's name will be dropped from the list for the
remainder of that month and for the succeeding month, unless
previously excused;
(f). If no employee in a supervisor's area is available for
such extra hours, the extra hours will be offered by seniority
on a store-wide basis.
2. Sunday work will be offered as follows:
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(a). An availability list will be posted by the first of the
preceding month, and by the fifteenth of the preceding month
employees may declare themselves available for Sunday work in
their classifications;
(b). Interested employees must sign for at least one (1)
Sunday each month, except that for the months of June, July
and August they must sign up for two (2) Sundays for each
month, and the Company will provide work opportunity for that
number of Sundays each month. For seniority purposes, all
employees will be merged by classification. Preferential work
assignments (hours and departments) will be made as the
Company determines the need, by seniority on a rotating basis,
of those names on the list, and if such hours and departments
are available; and,
(c). If an employee is unavailable when asked in turn, that
employee's name will be dropped from the list for the
remainder of that month and for the succeeding month, unless
previously excused.
P. 1. The Company shall schedule a minimum of three (3) Monday
through Friday shifts for commission employees, two (2) of which shall
be for suits, and one (1) for sport coats and slacks.
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2. Sunday shifts for commission employees shall be 10:45 AM to
5:45 PM and 11:30 AM to 6:30 PM and 12:30 PM to 7:30 PM. These shifts
are subject to change if the opening and/or closing times of the store
changes.
3. During the regular work week, commission salespersons can work
a maximum of five (5) days.
ARTICLE VII
OVERTIME
A. All full-time employees, except straight commission salespersons, shall
be eligible for overtime compensation on a daily basis at the rate of time and
one-half (1 1/2) in cash for time worked over and above their regularly
scheduled working hours. Such overtime compensation shall not be paid for any
period less than six (6) minutes in excess of the individual employee's regular
daily schedule, but if overtime work runs to six (6) minutes or more,
compensation shall be paid from the end of such regular schedule and shall be
computed in six (6) minute units.
B. Except in cases of emergency, no employee shall be required to work
overtime unless notified on the preceding business day.
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C. The hourly overtime rate shall be computed on the basis of the average
weekly schedule.
D. A part-time employee may be scheduled to work full-time for a period of
a week or more at the employee's regular hourly rate, and such additional time
shall be on a voluntary basis.
E. Part-time employees who are required to work beyond their regular daily
schedule on a day-to-day basis shall be paid straight time for such work up to
the full-time schedule.
F. Overtime compensation at the rate of time and one-half (1 1/2) for work
performed in addition to regularly scheduled working hours shall be paid to
straight commission employees assigned to non-selling duties, with the exception
of inventory which will be paid at straight time, such compensation to be on the
basis of average hourly earnings of the employee's department, computed annually
on the last prior twelve (12) month departmental average ending the last
Saturday of each fiscal year.
G. An employee who is required to work either on a holiday, or on a
scheduled day off at times other than permitted under Article VI, Sections C, I
and J, shall be compensated at the rate of time and one-half (1 1/2) for the
time so worked in addition to holiday pay, if any. Overtime at premium time will
not be paid until the sixth (6)
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day worked of any regular workweek, and the fifth (5) day worked in a paid
holiday week.
H. An employee who volunteers and is scheduled to work on Sunday, shall be
guaranteed four (4) hours pay at the rate of time and one-half (1 1/2), unless
he or she has worked the six (6) days immediately preceding, in which event he
or she shall be given a day off within the next six (6) days when necessary to
comply with State Law. Employees hired who accept a schedule which included
Sunday hours will be required to adhere to this schedule.
I. In case of an emergency closing, employees will not be paid if the
Company has arranged for public notification by radio or telephone of such
closing before the start of their schedule for the day, provided, however,
employees who are in transit to work who missed the public notification of
emergency closing and sign in at their location will be paid for their full
scheduled shift.
J. The Company may require sales employees to work one (1) night which may
include one (1) Saturday night every four (4) weeks. This limitation to one (1)
Saturday night every four (4) weeks applies to all full-time sales associates.
All employees may be required to work two (2) nights per week during the period
between Thanksgiving Day and Christmas, and during the weeks in which
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semi-annual inventory is taken. Inventory night may be the second regularly
scheduled night in the workweek.
ARTICLE VIII
FUNERAL LEAVE
In the event of a death in the immediate family of a regular associate,
he or she shall be allowed five (5) consecutive calendar days absence from work,
beginning with the day after the date of death, to attend the funeral without
loss of regular straight time pay for the straight time hours he or she would
normally be scheduled to work.
Immediate family shall mean parent, child, spouse, brother, sister,
mother-in-law or father-in-law, step-parents, or any other permanent resident of
the household. If the death falls within an associate's vacation week, the
associate will be allowed that same five (5) calendar days in the following week
on the same conditions with the same pay.
Such associate will be given two (2) days off without loss of pay to
attend the funeral of a family member, including brother-in-law or
sister-in-law, son-in-law or daughter-in-law, aunt or uncle (if sister or
brother of associate's parent), grandparents, other than the immediate family,
in accordance with the Company's
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past practice. Such associate will be given one (1) day off without loss of pay
to attend the funeral of a niece or nephew. If the death falls within an
associate's vacation week, the associate will be allowed the same two (2) or one
(1) calendar days in the following week on the same conditions and with the same
pay.
ARTICLE IX
WAGES
A. RATE ADJUSTMENTS
All regular full-time and part-time associates with over five (5) years
of service on January 4, 1998, shall receive an increase of thirty-five cents
(35(cent)) per hour on that date. All regular full-time and part-time associates
with over one (1) year of service on January 4, 1998, shall receive an increase
of thirty cents (30(cent)) per hour on that date. All regular full-time and
part-time associates with less than one (1) year of service on February 6, 1998,
shall receive an increase of twenty cents (20(cent)) per hour on the employee's
first anniversary date.
All regular full-time and part-time associates with over five (5) years
of service on January 31, 1999, shall receive an increase of forty cents
(40(cent)) per hour on that date. All regular full-time and part-time associates
with over one (1) year of service on January 31, 1999, shall receive an increase
of thirty-five cents (35(cent)) per hour on that date. All regular full-time and
part-time associates with less than one (1) year of
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service on January 31 1999, shall receive an increase of twenty cents (20(cent))
per hour on the employee's first anniversary date.
All regular full-time and part-time associates with over five (5) years
of service on February 6, 2000, shall receive an increase of forty cents
(40(cent)) per hour on that date. All regular full-time and part-time associates
with over one (1) year of service on February 6, 2000, shall receive an increase
of thirty-five cents (35(cent)) per hour on that date. All regular full-time and
part-time associates with less than one (1) year of service on February 6, 2000,
shall receive an increase of twenty cents (20(cent)) per hour on the employee's
first anniversary date.
All regular full-time and part-time associates with over five (5) years
of service on February 4, 2001, shall receive an increase of forty-five cents
(45(cent)) per hour on that date. All regular full-time and part-time associates
with over one (1) year of service on February 4, 2001, shall receive an increase
of forty cents (40(cent)) per hour on that date. All regular full-time and
part-time associates with less than one (1) year of service on February 4, 2001,
shall receive an increase of twenty cents (20(cent)) per hour on the employee's
first anniversary date.
B. The Company shall have the sole discretion to hire new employees at a rate
either within or above the rate ranges based upon experience as determined by
the Company to be appropriate without effect on the wage rates of other
employees,
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provided, however, that each full-time new employee shall receive an automatic
increase of twenty-five cents (25(cent)) per hour after sixty (60) calendar days
on the regular payroll, and for all part time employees after ninety (90)
calendar days on the regular payroll.
C. COMMISSION RATES
1. A straight commission plan is one which pays an employee a
stated percentage of the net amount of sales made or services performed
by the employee.
2. Commissions shall be paid to employees in the departments and
at the rates provided in Paragraph 5 of this section.
3. Straight commission employees shall be paid a weekly salary
against commission earnings in an amount not exceeding seventy percent
(70%) of their respective average weekly earnings as adjusted on June 1
of each year, computed on the basis of the average weekly earnings for
the twelve (12) month period ending the previous January 31 and
pro-rated daily for the current normal workweek. Employees on the
payroll February 22, 1977, in straight commission departments, will
have their deficits wiped out weekly. Employees hired after February
22, 1977, will have their deficits wiped out at the end of each fiscal
month. Employees hired after February 6, 1995 will have
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their deficits wiped out at the end of each fiscal quarter. Employees
hired after February 1, 1998 will have their deficits wiped out
seasonally twice a year.
4. Unidentified credits and debits will be charged against the
house key in all commission departments. Any remaining such credits and
debits will be apportioned on an equal basis among the salespersons in
the department. At no time will credits be reduced to less than zero.
STRAIGHT COMMISSION:
(a). Men's Clothing - Boston Basement Store
The straight commission plan will be as follows:
Regular price and first markdown merchandise 6.5%
During all sales, other than auto.markdown 6.5%
Top Coats, Rain Coats, All Outerwear 6.5%
Second markdown merchandise 50% off 5%
Third markdown merchandise 75% off 4%
The Company agrees to provide a "Long Term Disability Program" that
will be optional for commission personnel.
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Should these Men's Clothing Associates sell non-commission merchandise,
they shall be paid at the rate of three percent (3%).
Annual Incentive Bonus, based on the following schedule, will be paid
each April: the formula for the straight commission bonus in the commission
schedule will increase by .025%, to a maximum of one percent (1%) over the base
rate for every ten percent (10%) of net sales over the average of the following
areas:
Men's Clothing Boston Basement full-time
Men's Clothing Boston Basement part-time
The average annual net sales for each area will be totaled as soon as
the data is available after the close of business of the fiscal year. These
totals will be the base for calculating the progressive bonus schedule for the
following year.
Part-time employees will participate in the bonus schedule as follows:
Part-time employees will develop their own base figures for
the purpose of calculating the progressive bonus schedule. An
average net sales per hour for part-time employees will be
developed by taking the annual sum of all their sales and
dividing this by the total annual hours worked by part-timers.
The average sales per hour developed in Step 2
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will be multiplied by 1904 (comparable annual hours of
full-time sales employees). This will establish their annual
base sales for purposes of the bonus schedule. The individual
will have his/her annual sales divided by the number of hours
worked to develop his/her individual sales per hour. This will
then be multiplied by 1904 hours (comparable full-time
salesperson annual hours). This annual net sales figure will
be applied against the bonus schedule and the persons will
receive a prorated share of the earned bonus (i.e., if the
bonus on the schedule is $500.00 and the hours worked by the
individual is 952, one-half the annual full-time equivalent,
he/she will receive fifty percent (50%) of the bonus of
$250.00).
LUMP SUM PAYMENT
All full-time straight commission Men's Clothing associates shall
receive a lump sum payment in each of the years of the contract payable
semi-annually as follows:
FEBRUARY AUGUST
-------- ------
1998 250.00 250.00
1999 250.00 250.00
2000 250.00 250.00
2001 250.00 250.00
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Such payment shall be one half (1/2) for part-time associates.
D. PERMANENT CHANGES IN STATUS
1. PROMOTION
In the case of promotion, the employee's rate shall be
increased to not less than the minimum of the new job grade.
2. TRANSFERS
No change of rate shall result from a transfer within the same
grade, or to an excluded job classification having the same rate range;
the transferred employee carries with him or her service accumulated
toward the next salary advance. The employees seniority shall continue
during the period of the transfer.
3. DEMOTION
The rate of a demoted employee shall be determined by current
rates of like-service employees currently holding the same position,
and if above maximum of the new range it shall be decreased to the new
maximum. If the rate is within the new range, it shall not be
decreased. If there is a job vacancy
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which the employee is considered by the Company to be qualified to
fill, but which would result in a reduction to the lower wage of more
than ten percent (10%), the reduction to the lower wage shall be
deferred for the number of weeks that the employee has years of service
on the regular payroll.
E. TEMPORARY TRANSFERS
1. Temporary transfers of over one (1) hour to a higher grade
will be paid at the applicable rate of the higher rated job for the
number of hours worked in the new classification. There will be no
increased payments for such work less than one (1) hour.
(a). An employee transferred to sell in straight commission
department for the full scheduled shift shall receive the
commission rate for the department, but no other compensation.
An employee on straight commission transferred to sell in a
non-commission department shall receive his/her own commission
rate.
(b). In the case of temporary transfers for vacation relief
not to exceed two (2) weeks in each scheduled vacation period,
there shall be no change in rate except for heavier duties.
2. OTHER TRANSFERS
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A temporary transfer shall not cause a rate change. Time spent
on such temporary placement shall count as time spent on the permanent
assignment. Any rate change which would be granted to the employee, had
he/she been retained on his/her permanent assignment, shall be
effective on the date it would have otherwise become effective.
3. The above rules shall be applied in the cases indicated and in
similar situations which arise, so as to give due consideration both to
the employee's rights and to his/her duty to accept such temporary or
emergency assignments as the Company considers necessary to meet
operating conditions as they arise.
ARTICLE X
PROMOTIONS, TRANSFERS & LAYOFFS
In consideration of promotion or transfer, seniority by job
classification within a supervisor's area in Filene's Boston Basement Store
shall be the determining factor where ability and fitness are considered by the
Company to be substantially equal.
Consideration for promotional transfer shall be given first to
employees in the immediate department; next, to those in the supervisor's area;
next, to those in the same store; and lastly, to those in other stores of the
Company.
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For a period of thirty (30) days associates promoted or transferred
pursuant to this Article shall be in a trial period during which either the
Company or associate may effectuate a return of the associate to the associate's
previous job.
APPLICATION OF SENIORITY
1. Regular employees shall have their benefit date as their
seniority date for purpose of layoff or recall.
2. Separate shift seniority lists for each work group established
by the Company, i.e., sales, stock, etc., shall be maintained for
full-time employees, part-time day employees and part-time evening
employees. The second shift shall include any employee whose regular
schedule starts on or after 4:00 P.M.
3. Weekly work schedules will be selected on the above seniority
basis by those employees who are assigned within a department
manager/supervisor's work group.
4. If a layoff becomes necessary, the junior employee/employees
within the work group, by classification affected (full-time or
part-time) and shift that is being reduced, shall be laid off. Recalls
will be made in the reverse order of layoff. All associates have recall
rights after layoff for a period of time only
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equal to their length of employment, not to exceed one (1) year. An
employee will be terminated if he/she fails to report within one (1)
week of recall. The termination date will be the date of recall.
5. In the event of a layoff due to a discontinuance of a
department or reduction of force, the Company shall endeavor to arrange
a transfer to another job classification for which the employee may be
considered to be qualified. Otherwise, the employee will be transferred
to the job of the least senior employee in the store, on which job
he/she has prior satisfactory experience, and the displaced employee
shall be laid off so that there will be no bumping. If there is a job
vacancy which the employee is considered to be qualified to fill, but
which would result in a reduction in weekly wage of more than ten
percent (10%), the employee shall have the option of taking the
separation allowance or the transfer to the lower rated job. If such
transfer is made, the reduction to the lower wage shall be deferred for
the number of weeks that the employee has years of service on the
regular payroll.
6. Company benefits will not accrue during layoff status, except
as listed below:
(a). LIFE INSURANCE will cease on the day following the layoff
but there will be a thirty-one (31) day period of grace in
which the
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employee may convert all or part of this insurance. If the
employee returns to work within one (1) year after the date of
the layoff, his or her life insurance will be reinstated as of
the date of his or her return to work;
(b). SICK PAY will terminate on the first day of the layoff.
(c). HEALTH INSURANCE
In the event of a layoff, health insurance may be
continued in accordance with the provisions of Cobra. If the
employee returns to work within one (1) year after the date of
the layoff, his/her health insurance will be reinstated as of
the date of his/her return to work.
(d). VACATIONS
If a vacation with pay is due an employee on the date
of layoff, he or she will be given his or her vacation
entitlement on the date of layoff.
7. At each location the Union may designate one (1) employee as
Chief Shop Xxxxxxx. Such employee will be the last to be laid off in
his/her work group and classification, provided that he/she is
qualified to perform the required work.
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8. If the layoff extends beyond one (1) year without recall to
the same job or a comparable (same pay and hours) job, the employee
will be terminated and separation allowance, if due, will be paid.
ARTICLE XI
SEPARATION ALLOWANCE
In the event of termination of employment due either to lack of work or
job elimination, an employee, subject to the exceptions hereinafter provided,
shall be entitled to a separation allowance based on his or her length of
continuous service on the regular payroll and on his or her basic weekly salary,
in accordance with the following schedule:
SERVICE SEPARATION ALLOWANCE
------- --------------------
1 year 1 week
2 years 2 weeks
and thereafter, an additional week's wages for each added year of service. An
employee shall not be entitled to separation allowance who:
1. Is discharged for just cause;
2. Has no break in employment with Filene's Basement
Inc., or a sub-contractor or lessee of Filene's Basement Inc.;
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3. Is discharged as a result of suspension or expulsion
from the Union under the procedure provided in Article III,
Section D of this agreement; and,
4. Resigns voluntarily, without action by the Company.
If the same employee is entitled to both dismissal wage and
vacation pay, he or she shall receive both.
ARTICLE XII
USE OF COMPANY RECORDS
The Company agrees to furnish the Union, or its duly constituted
representatives or attorneys, opportunity to inspect and to take copies of such
records as are required for the proper investigation of grievances under this
agreement.
In addition, the Company shall provide to the Union, on a timely basis,
a list of new hires, changes and terminations, and twice a year on February 1
and September 1 a seniority list by location.
ARTICLE XIII
VACATIONS
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All regular employees who, on June 1 of any year, have completed one
(1) full year of service shall receive a full two (2) weeks' vacation with pay.
All regular employees who on that date have been employed for more than six (6)
months, but less than one (1) year, shall receive one (1) week's vacation with
pay.
All regular employees who have completed five, six, seven, eight or
nine years of service prior to June 1 of any year, shall as of their anniversary
date be entitled to three (3) weeks' vacation with pay, and for ten (10) or more
years of service prior to June 1, four (4) weeks' vacation with pay.
All employees who have completed twenty-five (25) or more years of
service as of June 1st of any year shall receive five (5) weeks vacation with
pay.
In the event that June 1 of any year falls on a Sunday, entry on the
regular payroll on June 2 of that year shall be considered as qualifying such
employee for subsequent paid vacations in accordance with the schedule of
vacation eligibility set forth in the Article.
Employees who reach their fifth (5th) or tenth (10th) anniversary
before May 31 may take an additional week of vacation in that vacation year.
Such additional week of vacation may not be taken until the anniversary is
reached.
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For straight commission employees the average weekly earnings figure of
each employee, as computed annually to be effective on June 1 and pro-rated
daily for the number of days in the current normal workweek, shall be the
vacation pay base for vacations.
For all other employees, vacation pay of one (1) week shall be their
respective basic weekly wage. All vacations with pay shall be taken during
periods designated by the Company and shall be subject to the following
limitations for continuous absence; if an employee is absent sixty (60) days or
more consecutively, one (1) day for the first sixty (60) days of consecutive
absence and one (1) additional day for each subsequent thirty (30) days of
absence will be deducted from the next vacation due, except that if such absence
was due to illness or was the result of an injury incurred in the line of duty
where contributory negligence is not a factor, no vacation credits will be
withheld.
Unless an exception is made by the Vice-President of Personnel,
vacations shall begin on Sunday and be taken in one unbroken period. As far as
possible, vacations shall be arranged that it will not be necessary to fill the
place of any employee who is out. Vacation, therefore, shall not be grouped into
one (1) month, but spread over the entire vacation period.
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A list of available vacation weeks will be posted by the Company,
together with the number of employees in a supervisor's area who may take
vacations in each available vacation week, each May 1, and shall be determined
separately for full-time and part-time employees by total service on the shift,
within the classification. An employee shall have the right by seniority to
select his or her vacation period from the available weeks.
Exclusive of the week of Thanksgiving through the week of Christmas,
the Company may block out up to two (2) weeks per contract year in a
department/supervisor's area during which time that associate may not sign up
for a vacation. Employee selections shall be fixed by May 1; after which dates,
any employee who has not selected a vacation period may select a period only
from those vacation periods then available. Departmental employees will retain
their vacation preference if an employee is transferred into the department
after the vacations have been established for the vacation period.
No employee may take more than two (2) weeks' vacation between July 1st
and September 1st on the initial sign up in the spring. After all employees have
chosen, those employees above may choose any open weeks in the summer that are
still available.
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Employees absent due to illness or industrial accident, who fail to
return during the vacation period, must schedule owed vacation time within three
(3) months of their return to work. Pay cannot be taken in lieu of time off.
The Company will endeavor to maximize available vacation weeks during
prime vacation time, except during business emergencies.
When employees have left the location because of resignation or
dismissal and have then returned, the date of re-employment shall be considered
the date of employment for the purpose of calculating vacations, unless they
have been reinstated with credit for former service.
ARTICLE XIV
LEAVE OF ABSENCE
The Company may grant leaves of absence at their discretion to
employees with two (2) or more years of service without loss of rating on the
part of the employee on return to work, except that where an employee has been
on a leave of absence for over twelve (12) weeks for reasons other than
sickness, accident or maternity leave, the Company may assign the employee to
any job classification within the store which pays the same wage rate.
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Upon request of the Union, the Company agrees to grant leaves of
absence without pay, but with full seniority rights, up to one (1) year at a
time for not more than four (4) union officials.
The Company shall continue their present policies with respect to
granting leaves of absence for military service.
The Company shall comply with the Family Medical Leave Act.
While on unpaid leave of absence benefits such as employee discount and
paid holidays are suspended.
The Company shall permit one (1) xxxxxxx per location to attend,
without loss of pay, one (1) annual xxxxxxx'x seminar conducted by the Union.
ARTICLE XV
DISCOUNTS
The Company agrees to maintain the cash discount policy, in effect on
the date of the signing of this agreement, on items of merchandise and service
on which employees were entitled to a discount on that date, as follows:
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A. BASIC DISCOUNT
1. Associates of Filene's Basement shall be eligible to
receive a twenty-five percent (25%) discount on Basement
merchandise subject to the exclusions and conditions stated in
the Basement's discount policy;
2. The Company will provide at least twice a year
(spring and fall) a minimum of thirty percent (30%) discount
on all items currently eligible for the twenty-five percent
(25%) discount;
3. Once each year the Company shall have a family
discount day in accordance with existing practice;
4. The employee discount will be provided to all
Basement retirees.
The Company further agrees to establish proper competitive discounts on
merchandise or service not now carried but which may be carried in the future.
The Union recognizes that this is a privilege which is to be guarded
and protected from abuse, and agrees to cooperate with the Company in such
action as may be necessary to the attainment of this end.
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ARTICLE XVI
GRIEVANCE INVESTIGATION
Activities of Business Agents on the premises of the Company shall be
confined to store open hours, except for such after hour meetings or conferences
as may be approved by the Vice-President of Personnel. Business Agents may
confer with the Labor Relations Manager at any time to secure information
essential to cases which they are investigating, but they shall secure the
permission of the Department Heads before talking with employees on their jobs,
which permission shall not be unduly withheld. When they are investigating
grievances, the settlement of which involves only equitable interpretation of a
provision of the contract, or any existing rule or practice, they shall be
recognized as empowered, under the direction of the Chief Business Agent, to
reach an understanding and settlement with the Company' s official
representative.
Other Union representative who receive complaints for adjustments may
transact such official business with the respective Department Heads as may be
considered necessary during store hours, under the same conditions as in the
preceding paragraph.
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It is understood and agreed that no deduction of wages shall be made by
the Company for time so taken by such union representatives from their regular
store duties for such conference with representatives of the Company.
Representatives of the Union employed on a straight commission basis on
the active payroll shall be compensated by the Company at their respective
vacation rate for time taken during store hours for conferences with
representatives of the Company.
ARTICLE XVII
CONTRIBUTIONS
All requests for store wide contributions of funds shall be voluntary.
Such requests for contributions from Union members shall be referred to the
Union for approval.
ARTICLE XVIII
PUBLICITY & ANNOUNCEMENTS
The Union shall be permitted to use for announcement of a
non-controversial nature such bulletin boards as are now in use, including the
exclusive use of a
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bulletin board in the employees' lounge corridor, and such other boards as may
be approved by the Company.
ARTICLE XIX
UNIFORMS
The Company agrees to furnish and keep in condition the major garments
(i.e., coat, trousers, dress or xxxxx) of all uniforms or special apparel
prescribed and required as standard for a department or job classification.
Accessories such as shirts, ties, gloves, shoes and stockings, the
wearing of which is required to conform to a uniform or other prescribed dress,
will not be furnished by the Company, except in the case of an article which is
not recognized as a necessity of ordinary dress or which would not be otherwise
worn by the individual and which, therefore, would present an additional
expense.
When uniforms are worn not by requirement but by permission of the
Company on the employee's request, such obligation on the part of the Company
shall not apply.
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Nothing in this provision shall be construed as applying to the dress
rules which specify colors, types of dress, etc., in season, to be worn by
employees whose duties bring them in contact with customers.
The shipping and receiving dock personnel in the downtown Boston store
shall be provided appropriate winter vests or jackets and winter work gloves as
soon as possible. The Company agrees to provide safety steel toe boots to those
employees working on the Boston Store dock.
ARTICLE XX
INSURANCE
A. WORKER'S COMPENSATION PAY MAKE-UP
1. The Company shall compensate any regular employee injured in
performance of store duty, wherein contributory negligence or
disobedience of rules or orders is not established as a factor in such
injury or resulting disability, for the full amount of the employee's
financial loss, if any, between his or her net weekly straight time
take home salary and the amount of Worker's Compensation Insurance for
the period of disability only if such period of disability extends
beyond four (4) months. In such case, an employee will be eligible for
such pay make-up only for the fifth (5th) and sixth (6th) and seventh
(7th) month of continued disability. The Company will
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consider on its merits a case of permanent disability, partial or
total, extending more than six (6) months.
2. The Company will reimburse up to five (5) days to employees
who are absent due to an industrial accident and who return to work
prior to the statutory waiting period (currently 21 days).
B. SICK PAY
After six (6) months of employment, regular employees who are absent
from work because of non-occupational injuries or illness, shall receive
two-thirds (2/3) of their basic weekly pay up to a maximum benefit of two
hundred eighty dollars ($280.00) beginning February 1, 1998, three hundred
dollars ($300.00) beginning January 31, 1999, and three hundred twenty dollars
($320.00) beginning on February 6, 2000, three hundred forty dollars ($340.00)
beginning February 4, 2001. Benefits shall be paid after a two (2) day
continuous absence for employees on the regular payroll for less than eight (8)
years, after one (1) day continuous absence for employees who have been on the
regular payroll for more than eight (8) years but less than fifteen (15) years,
and employees who have less than one (1) year of service after three (3) days of
absence. Employees with fifteen (15) years or more of service will have no
waiting period. In cases where the Company deems it appropriate,
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proof of illness may be required. In either case, such payments will not exceed
fifteen (15) weeks total in any consecutive twelve (12) month period. This
benefit shall be provided for all regular employees whose regular work schedule
is fifteen (15) or more hours per week. The waiting period for illness pay of
one (1), two (2) or three (3) days will be eliminated for all eligible employees
who are confined to a hospital. The maximum weekly benefit listed in this
section is predicated on a five (5) day workweek. Eligible employees working
less than a regular five (5) day workweek are entitled to benefits not to exceed
the daily maximum benefits listed of $56.00, $60.00, $64.00 and $68.00 per day
of absence. Employees requesting to leave work due to illness before the end of
their scheduled workday will be paid only for all hours worked prior to leaving
if they have not worked one-half (1/2) of their scheduled hours for the day. If
they have worked over half of their scheduled hours, they will be paid for their
full schedule for the day.
C. LIFE INSURANCE
After six (6) months of employment regular employees (over 14.9 hours)
may participate in the Company's Life Insurance Program. An employee may
purchase Life Insurance in excess of annual earnings in five thousand dollar
($5,000.00) increments to a maximum of twenty thousand dollars ($20,000.00). The
Company will pay the premium for the first five thousand dollars ($5,000.00) of
coverage. The employee may purchase additional coverage up to ten thousand
dollars ($10,000.00) at a premium of forty-five cents (45) for each additional
thousand dollars. The
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Company will pay one-half (1/2) of the premium (45(cent) per thousand) for any
additional insurance beyond ten thousand dollars ($10,000.00) to a maximum of
twenty thousand dollars ($20,000.00).
Employees must enroll within thirty-one (31) days of date of
eligibility, which is either employment date or date of first eligibility
(schedule change).
D. HEALTH INSURANCE
Effective August 1, 1998, all regular employees on the payroll one (1)
year who wish to join the Company's health program and who work a schedule of
thirty (30) hours or more a week will contribute for family coverage an
additional weekly increase of:
$4.00 a week
Effective August 1, 1998, the eligible employees, thirty (30) hours or
more, shall have for a two (2) person plan an additional increase of:
$3.00 a week
Effective August 1, 1998, the eligible employees, thirty (30) hours or
more, shall have for individual coverage an additional increase of:
$1.50 a week
For eligible part-time employees, 15 to 29.9 hours, the Company's
contribution will be one-half (1/2) of its contributions for full-time
employees.
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For employees hired after February 5, 1995, twenty (20) hours shall be
required to participate in the health insurance program.
The Company agrees to pay one-half (1/2) of all increases in the health
insurance premiums in each of the last three (3) years effective August 1, 1999,
2000 and 2001.
E. The Company is currently investigating the feasibility of establishing
a Dental Plan for the Company. If such a plan is established Bargaining Unit
Employees will have the same opportunity to participate in the plan as all other
company employees.
F. HEALTH ENROLLMENT
Associates may enroll in the health insurance program at the following
times: within thirty (30) days of initial employment, thirty (30) days of first
eligibility, thirty (30) days of first anniversary, change of family status, or
during the open enrollment period.
Health insurance benefits shall remain at current levels for the life
of the agreement. The carrier may change during the life of the agreement.
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G. PENSION PLAN
The parties agree that the provisions of the Filene's Basement Inc.
Pension Plan and the Filene's Basement Inc. Thrift Incentive Plan, as
supplemented, restated and amended, and as the same may in the future be
supplemented or amended in accordance with their provisions, are included in and
made part of the agreement.
Notwithstanding the terms of this agreement or any other agreement
between the Company and the Union of any amendment, supplement or modification
thereof, and notwithstanding the termination date of this agreement or of any
future agreements between the parties, it is agreed that until such time as the
Pension or Thrift Plan may be terminated in accordance with its provisions, the
Company shall be under no obligation, legal or contractual, to bargain or
negotiate with the Union on any supplement or amendment of the Pension or Thrift
Plan, or any other pension, retirement or profit sharing plan. Notwithstanding
any other contractual or legal provisions, it is agreed that all questions
arising in the administration, interpretation and application of the Pension or
Thrift Plan shall be determined by the mechanism provided for in the plan, if
any, or by the Company, as the case may be, all such determinations shall be
final and binding on all persons. No disputes or disagreements with respect to
or arising in any way under the provisions of the Pension or Thrift Plan shall
be subject to the grievance procedures set forth in Article XXIII of this
agreement or the arbitration procedure set forth in Article XIV of this
agreement.
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All employees who were a participant of the Federated Department
Store's (FDS) RITI Program in effect on July 29, 1988, have automatically been
enrolled in the Filene's Basement, Inc. (FBI) Pension Plan. Those employees who
did not qualify for enrollment into the FDS Plan prior to July 31, 1988, or who
were hired after July 31, 1988, will automatically be enrolled into the FBI
Pension Plan on the January 1st nearest the date they complete the Plan's
eligibility requirement.
The eligibility requirement that must be satisfied in order to be
enrolled in the Plan is the completion of one thousand (1,000) hours of service
during the first twelve (12) months of employment or any subsequent calendar
year.
The Pension benefit is earned during an employee's career at FBI. The
accrued benefit is calculated using a defined formula that recognizes length of
service and final average salary. A participant becomes fully vested in the
accrued benefit upon the completion of five (5) years of service.
The Plan provides for the full benefit to commence payments upon normal
retirement age (age 65 for people born prior to 1937).
A participant with ten (10) or more years of service, who is within ten
(10) years of their normal retirement age, may elect to receive an early
retirement benefit.
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This will result in a reduction of 4.8% of the normal retirement benefit for
each year before normal retirement age that the pension starts.
The Plan also provides for a disability benefit and a death benefit
before retirement for eligible participants.
X. XXXXXX
All employees who were enrolled in the FDS RITI Program are eligible to
participate in the FBI, T.I. Program. Those employees not enrolled prior to July
31, 1988, will be eligible to participate in the Plan at the start of the
quarter following the completion of the eligibility requirement.
The eligibility requirement is the completion of one thousand (1,000)
hours of service during the first twelve (12) months or any calendar year that
begins after the date of hire.
Employees of FBI, as of July 31, 1988, are automatically one hundred
percent (100%) vested towards any future Company contributions. Future
participants hired after July 31, 1988, will be subject to a three (3) year
vesting schedule in which they will become one-third (1/3) vested with each
completed year of service.
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ARTICLE XXI
CONTRACTUAL OBLIGATION
The Company shall not engage in any lockout, and the Union and the
employees shall not authorize, condone or engage in any strike, slowdown,
picketing or cessation of work or other interference with the business during
the life of the agreement by reason of any dispute or disagreement, (1) between
the two parties signatory hereto; (2) between either of the parties signatory
hereto and a third party; or (3) between individuals, corporations or unions not
signatory to this agreement.
In order to safeguard the Union from responsibility under the Labor
Management Relations Act of 1947, as amended, for violation of this clause by
irresponsible employees, it is agreed that where this clause has been breached
such breach shall be just cause of the Company to discipline the employee or
employees involved, provided, however, that the Union shall not be liable for
damages resulting from such violation, unless the Union has authorized the
violation or condoned it by failing to notify in writing the Company, other
unions and employees that such violation is an unauthorized breach of contract
and that picket lines should not be recognized, as well as to use all reasonable
means by personal contact and otherwise to stop an impending or actual breach of
this provision.
ARTICLE XXII
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VALIDITY
If any provision of this agreement or the application of such provision
to any person or circumstances shall be held invalid, the remainder of this
agreement or the application of such provision to other persons or circumstances
shall not be affected hereby.
ARTICLE XXIII
GRIEVANCE PROCEDURE
A. With reference to this agreement, a grievance is defined as any dispute
between parties or between the Company and employees under the jurisdiction of
the Union as to any matter involving the interpretation or application of this
agreement.
B. Changes in general business practice, the opening and closing,
transferring or leasing of departments, the stocking of lines of merchandise and
other matters of similar nature not relating primarily and directly to the
day-to-day working conditions of employees and the relations with supervisors,
the selection of employees for promotion to positions outside the jurisdiction
of the Union, and all matters involving Company rights as set forth in Article
V, shall not be subject to grievance procedure and shall not be arbitrable.
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C. In the event of a disagreement between the parties as to whether a
grievance is arbitrable, the matter at issue shall be referred to an impartial
arbitrator, as provided in Article XXIV, Section A, for final decision as to the
fact of arbitrability before consideration of the merits of the grievance.
D. Subject to the provisions of Section A to C, inclusive of this Article,
the following procedure shall be observed in the settlement of grievances and it
shall be the right of the aggrieved employee, on request, to be present in all
steps of the procedure.
E. The employee who is the grievant shall present the grievance in
writing, sign it and process it in Step 1 below within five (5) business days
after the incident giving rise to the alleged grievance.
1. The aggrieved employee and/or the Business Agent shall attempt
to adjust the matter at issue with the appropriate manager.
2. If the parties are unable to adjust the matter satisfactorily,
the grievance shall be submitted in writing by the Union to the Labor
Relations Manager within two (2) working days after its presentation in
Step 1. Within five (5) days thereafter, the Chief Business Agent
and/or the Business Agent of the respective division of the aggrieved
employee representing the Union, shall
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attempt to adjust the matter at issue with the Labor Relations Manager
representing the Company.
3. Failing satisfactory settlement between the parties within
seven (7) days after its presentation in Step 2, the matter shall be
referred to the Vice-President of Personnel and the Chief Business
Agent of the Union.
ARTICLE XXIV
ARBITRATION
A. If all the previous efforts have failed to adjust the grievance,
provided, however, that the question at issue is not in conflict with any other
provision of this agreement, upon written request of either party, mailed or
delivered within seven (7) business days after the completion of the
presentation of the grievance in Step 3, the matter shall be referred to an
impartial arbiter, to be selected by the Company and the Union in accordance
with the following procedure.
B. If the Company and the Union are unable to agree upon the selection of
an impartial arbiter within seven (7) business days after receipt by either
party of such written request by the other party, the matter at issue shall be
referred for adjudication to an arbitrator, to be selected under the rules and
procedures of the American Arbitration Association, whose authority shall be
final and binding on the
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parties. The cost of such arbitration proceeding shall be divided equally
between the Company and the Union, except that the party requesting any
postponement shall pay the costs, if any, charged by the arbitrator for such
postponement.
IN WITNESS WHEREOF the parties hereto have executed this agreement by
their duly authorized agents on the 15th day of April, 1998.
FILENE'S BASEMENT INCORPORATED
BY: /s/ XXXXXXX XXXXX
------------------------------
XXXXXXX XXXXX
UNITED FOOD & COMMERCIAL WORKERS UNION LOCAL 1445
BY: /s/ XXXXXXX XXXXXXXXX
------------------------------
XXXXXXX XXXXXXXXX
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INDEX
ARTICLE PAGE
Agreement 1
Arbitration 40
Checkoff 5
Company Rights 5
Contractual Obligation 38
Contributions 31
Discounts 29
Flex Force 00
Xxxxxxx Xxxxx 00
Xxxxxxx Xxxxxx Distribution Center 41
Grievance Investigation 30
Grievance Procedure 39
Insurance 32
Jurisdiction 2
Leave of Absence 29
Overtime 14
Promotions, Transfers & Layoffs 22
Publicity & Announcements 31
Recognition 1
Separation Allowance 25
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Uniforms 32
Use of Company Records 26
Vacations 26
Validity 38
Wages 17
Working Schedules/Holidays 6
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