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EXHIBIT 10.39
(CRACKER DRIVERS)
AGREEMENT
BETWEEN:
XXXXXXX FOODS, L.L.C.
and
BAKERY, CRACKER, PIE AND YEAST WAGON DRIVERS UNION,
LOCAL 734 INTERNATIONAL BROTHER HOOD OF TEAMSTERS OF AMERICA
(DIAMOND)(DIAMOND)(DIAMOND)
FEBRUARY 1, 1996 - JANUARY 31, 1998
INDEX
DESCRIPTION ARTICLE NO. PAGE NO.
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Chauffeur's License XV 12
Checkoff XXIII 17
Delinquent Health and Welfare or
Pension contributions XI 10
Delivery VI 5
Discharge and Resignation XVI 13
Equipment and Reduction of Work Force XIX 15
Exclusive Agreement VI 5
Funeral Leave XII 10
Grievance Procedure XVII 13
Health and Welfare IX 7
Holidays IV 4
Jury Pay XIII 11
NonDiscrimination XXII 16
Pension Fund X 9
Protection of Rights XIV 12
Recognition I 2
Securities, Etc. III 4
Separability and Savings Clause XXI 16
Severance XIV 17
Termination XXV 18
Uniforms XX 16
Union Cooperation V 5
Union Inspection XVIII 15
Vacations VIII 5
Weekly Rates and Working Conditions II 3
Appendix A 19
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LOCAL 734 AGREEMENT
AGREEMENT made and entered into by and between XXXXXXX FOODS, L.L.C., located at
0000 Xxxxx Xxxxxx, Xxx Xxxxxxx, Xxxxxxxx (hereinafter referred to as the
"Employer") and BAKERY, CRACKER, PIE AND YEAST WAGON DRIVERS UNION, LOCAL #734
INTERNATIONAL BROTHERHOOD OF TEAMSTERS OF AMERICA, (hereinafter referred to as
the "Union").
WITNESSETH:
ARTICLE I - RECOGNITION
SECTION 1.
The Employer recognizes the Union as the sole collective bargaining
agent for all employees covered by the provisions of Article II of this
Agreement.
SECTION 2.
This Agreement shall apply to wages, hours, health and welfare,
pensions and other terms and conditions of employment in the plants
operated by the Employer entering into this Agreement, and all other
matters included herein.
SECTION 3.
All present employees who are members of the Union on the effective
date of this section or on the date of the execution of this Agreement,
whichever is the later, shall remain members of the Union in good
standing as a condition of employment. All present employees who are
not members of the Union and all employees who are hired hereafter
shall become and remain members in good standing of the Union as a
condition of employment on and after the thirty-first (31st) day
following the beginning of their employment, or on and after the
thirty-first (31st) day following the effective date of this section,
or the date of this Agreement, whichever is the later. This provision
shall be made and become effective under the provisions of the National
Labor Relations Act, but not retroactively.
SECTION 4.
The Employer may hire new employees from any available source. This
article, with respect to membership in the Union, shall be subject to
change to conform with any change in the National Labor Relations Act
or any final judicial or administrative interpretation thereof.
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ARTICLE II - WEEKLY RATES AND WORKING CONDITIONS
SECTION 1.
The rate below will be placed in effect on the first Monday following
effective date listed:
2/1/96 2/1/97
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$14.50 $14.80
The starting rate for new drivers hired after February 1, 1996 will be
80% of the classification rate of pay for the first 18 months actually
worked and 90% of the classification rate of pay for the second 18
months actually worked.
SECTION 2.
Any time worked in excess of eight (8) hours per day shall be
compensated for at time and one-half (1 1/2) the straight-time hourly
rate.
SECTION 3.
Starting time shall be no earlier than 5:00 AM. Any driver requested to
start before 5:00 AM shall receive one and one half (1 1/2) his/her
hourly rate.
SECTION 4.
Any drivers reporting for work ten (10) minutes after his or her
designated time loses his or her right for work and pay that day.
Warehouse employees may be used to perform duties of regular drivers
who are absent and who have routes set up for them.
SECTION 5.
Drivers are to take one-half (1/2) hour for lunch, which time shall not
be paid for.
SECTION 6.
For all employees hired before February 1, 1996, all Saturday work is
to be paid at the rate of time and one-half (1 1/2) the straight-time
hourly rate. If called to work on Saturday, the delivery driver shall
be guaranteed a minimum of (4) hours work except as outlined in Section
1 of Article II.
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SECTION 7.
Effective February 1, 1996, all new employees hired on or after this
date may be scheduled on a Tuesday to Saturday schedule at
straight-time rate of pay. Any employee scheduled Tuesday to Saturday
will be paid one and one-half (1 1/2) time for work performed on
Monday.
ARTICLE III - SECURITIES, ETC.
SECTION 1.
In case a cash deposit is required from a driver, the Employer shall
pay, six percent (6%) interest annually on same.
SECTION 2.
The Employer will pay the fines for all non-moving traffic violations.
ARTICLE IV - HOLIDAYS
SECTION 1.
Delivery drivers shall be paid eight (8) hours straight-time pay for
the following unworked holidays:
New Years Day Personal Day
Decoration Day Fourth of July
Labor Day Thanksgiving Day
Day after Thanksgiving Day before Christmas
Christmas Day Day before New Years Day
SECTION 2.
If possible, the employee will provide the Employer with reasonable
prior notice of the personal day to be taken. In any event, the
scheduling of the personal day must not interfere with the efficient
operations of the Employer.
SECTION 3.
Should a delivery driver work on any of the above mentioned holidays,
except the "Day before Christmas", he/she shall receive, in addition to
the eight (8) straight-time hours paid for an unworked holiday, time
and one-half (1 1/2) for all hours worked on said holiday. Should a
delivery driver work on the "Day before Christmas" holiday, he/she
shall receive, in addition to the eight (8) straight-time hours paid
for the
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unworked holiday, straight-time for all hours worked on said
holiday.
SECTION 4.
Should any one of the above holidays occur during an employee's
vacation, the employee shall be entitled, by the Employer's option, to
additional day off or additional days pay in lieu thereof. Should the
Employer grant an additional day off under these circumstances, this
additional day off shall immediately precede or follow the employee's
vacation.
SECTION 5.
The particular driver must have worked at least one (1) day in the
holiday workweek to qualify for holiday pay. There shall be no
exceptions to this provision.
SECTION 6.
No delivery driver shall be required to work an Sunday and then only
after agreement as to wages, hours, and other terms and conditions.
ARTICLE V -- UNION COOPERATION
The Union agrees to further the interest of said firms whenever in its
power to do so in respect to improving labor management relations.
ARTICLE VI - DELIVERY
All DSD orders in Chicagoland are to be delivered by employees in the
bargaining unit.
ARTICLE VII - EXCLUSIVE AGREEMENT
Employees will not be asked to make any written or verbal contracts
whatsoever.
ARTICLE VIII - VACATIONS
SECTION 1.
a) Any employee shall at the end of fifty-two (52) weeks of
continuous service with the Employer be entitled to one
(1) weeks vacation with pay.
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b) Any employee shall at the end of three (3) years of
continuous service with the Employer be entitled to two
(2) weeks vacation with pay.
c) Any employee who has been in the service of the EmpIoyer for
seven (7) continuous years, shall be entitled to three (3)
weeks vacation with pay.
d) Any employee who has been in the service of the Employer for
fifteen (15) continuous years or more shall be entitled to
four (4) weeks vacation with pay.
For the purposes of this section only, previous years of service with a
Xxxxxxx entity for employees hired on or before 2/1/96 will be honored.
SECTION 2.
The vacation period shall be January 1 through December 31 of each
calendar year. Vacations shall start on Monday and end on Saturday.
SECTION 3.
All employees who have been employed by the Employer for five (5)
continuous years or more shall have earned and be entitled to their
vacations after April 1 of each year, irrespective of their dates of
employment.
SECTION 4.
Drivers shall choose the time of their vacation by seniority.
SECTION 5.
Each full week of vacation earned shall be paid for at the rate of
forty-five (45) times the then straight-time hourly rate.
SECTION 6.
(a) In order to qualify for full vacation pay as set forth above,
an employee must work at least seventy-five percent (75%) of
the total working days during the previous calendar year. Time
spent on vacation, holidays, and workmens compensation
accidents shall be considered time worked for this purpose.
(b) Any employee working less than the seventy-five percent (75%)
specified above, shall receive as his/her vacation pay that
percentage of the time actually worked as it bears to one
hundred percent (100%) being considered full
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vacation. For example: If an employee works fifty percent
(50%) of the total working days, he/she would receive as
vacation pay one-half (1/2) of the applicable vacation hours
pay for each week of earned vacation.
(c) The above computation shall likewise be used in arriving at
pro-rata vacations earned in the case of resignations or
discharges.
ARTICLE IX - HEALTH AND WELFARE
SECTION 1.
Parties to this Agreement agree to continue participation in the Local
734 Health and Welfare Plan for the benefit of the employees subject to
this Agreement and for the dependents of such employees.
SECTION 2.
The Employer shall pay to the Health and Welfare Fund the agreed upon
maximum weekly contribution per employee of $100.00 per week effective
2/1/96. The contribution rate per employee will increase to $110.00 on
2/1/97.
SECTION 3.
(a) The Employer shall not be required to make any
contribution for any new employee until the week in which
shall occur the thirtieth (30th) day from the date of
employment; except that, for this purpose, a "new
employee" is one who has not been in the employ of the
Employer covered by this Agreement. If an employee shall
leave the employ of the Employer and enter the employ of
another Employer, such employee must pay the entire
contribution due for the period between employers if
he/she desires coverage in the Fund for such period.
(b) The contribution made by the Employer pursuant to the
requirement of this section shall be the sole contribution to
any Health and Welfare Fund required of such Employer for
employees subject to this Agreement.
SECTION 4.
Contributions to the Health and Welfare Fund must be made for each week
the employee performs work for the Employer (including earned vacation
periods) on each regular employee employed by the Employer.
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SECTION 5.
If an employee who is absent because of illness or off-the-job injury
notifies the Employer of such absence and reason therefore, the
Employer shall continue to pay the required contributions for four (4)
weeks from the date of the beginning of such absence. Thereafter, the
employee, if he/she desires coverage in the Fund, shall make the
required total contribution.
SECTION 6.
If an employee is injured on the job, the Employer shall continue to
pay the required contribution until such employee shall return to
his/her job or is no longer an employee of the Employer.
SECTION 7.
If an employee shall request a leave of absence and does not become
employed in an occupation not covered by this Agreement, the Employer
shall collect from the employee, prior to the leave being effective,
sufficient monies to pay the required total contribution into the
Health and Welfare Fund during the period of such leave of absence.
SECTION 8.
The parties hereto shall execute an Agreement and Declaration of Trust
for the purpose hereinafter set forth and, unless mutually terminated
by the parties hereto, such Trust established shall continue for not
less than the period of this Agreement.
SECTION 9.
(a) The Board of Trustees established by such Agreement and
Declaration of Trust shall jointly administer the Health and
Welfare Fund; such Board of Trustees to consist of equal
representatives of the Union as one party and of the Employer
as another party with equal representation for each.
(b) Any disagreement respecting eligibility, time and method of
payment, methods of enforcement of payment and related matters
shall be determined by such Trustees. The Fund shall, in all
respects, be administered in accordance with the Trust
Agreement.
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(c) With respect to the Employer Trustees, the Chicago Bakery
Employers Labor Council shall at all times appoint its
Trustees who shall be the Employer representatives.
SECTION 10.
All monies paid into the Fund will be used by the Trustees for the
purpose of purchase of group insurance benefits for the employees and
their dependents who may qualify under the Health and Welfare Plan
including, but not limited to, life insurance, accidental death and
dismemberment benefits, disability benefits, hospitalization, surgical
and medical expenses, in such manner and amounts as the said Trustees
in their sole discretion may determine. Reasonable expenses incurred in
administering the Trust and Plan shall be deemed a proper charge
against the Fund.
SECTION 11.
The foregoing provisions with respect to the Health and Welfare Trust
Plan and Fund are subject in all respects to the provisions of the
Labor Management Relations Act of 1947 and any amendments thereto.
ARTICLE X - PENSION FUND
SECTION 1.
The Union and the Employer, parties hereto, agree to continue
participation in the Local 734 Pension Fund for the benefit of the
employees of the Employer represented by the Union covered by the terms
of this Agreement.
SECTION 2.
The Employer party hereto agrees to make contributions to the aforesaid
Pension Fund in the amount of forty-three dollars and thirty-five cents
($43.35), for the duration of contract.
SECTION 3.
The method of paying and calculating such contributions shall be in
accordance with the provisions set forth in this Agreement with respect
to Health and Welfare payment, except of course, with respect to those
provisions of Article IX in the last paragraph of Section 3 (formerly
Section 2) which obligates the employee to make contributions. No
employee contributions are to be made to the Pension Fund.
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SECTION 4.
The Pension Fund will be jointly administered by a Board of Trustees in
accordance with the Trust Agreement and arrangements to be drafted by
the parties hereto on which Board of Trustees to the Union, as one
party, and the Council, as another party, will have an equal number of
Trustee appointees.
SECTION 5.
All monies paid into the Pension Fund will be used by the Trustees for
the purpose of providing a Pension Plan for the employees.
SECTION 6.
The Pension Plan shall qualify under the appropriate provisions of the
Internal Revenue Code of 1954 so as to insure that the Employer
contributions thereto will be deductible as ordinary business expenses.
SECTION 7.
The parties hereto have executed an Agreement and Declaration of Trust
for the purposes hereinabove set forth.
SECTION 8.
As the material part of the consideration for the forgoing, the Union,
on behalf of its members, does now hereby release the Employer
signatory hereto from any and all obligations to continue or maintain
an Employer or Employer-Employee funded retirement plan which the
Employer may have in existence on the effective date hereof; it being
understood that, as of said effective date, all Union members subject
hereto shall be deemed to have withdrawn from any such company plan in
accordance with and subject to the terms thereof, and to have waived
any and all rights to rejoin such company plan so long as the Employer
is making payments on his/her behalf into the Union Pension Trust Fund.
The provisions of the foregoing shall not be deemed to constitute a
waiver by the Union or any employee of any rights, privileges or
benefits which may have accrued to any employee under the terms of any
company plan prior to February 1, 1958.
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ARTICLE XI - DELINQUENT HEALTH AND WELFARE OR PENSION
CONTRIBUTIONS
SECTION 1.
The Employer recognizes the necessity of making prompt Health and
Welfare and Pension contributions, the possibility that employee's
benefit standing will be placed in jeopardy if contributions are not
timely made, and the concern of the Union that all eligible employees
are covered by such contributions.
SECTION 2.
Whenever the Employer is delinquent in making payments to either the
Health and Welfare or Pension Funds, the Union may strike the Employer
to force payments. This provision shall not be subject to and is
specifically excluded from the grievance procedure. Additionally, in
the event the Employer has been found to be delinquent, the Employer
shall be required to pay in an addition to the actual delinquency, ten
percent (10%) of the delinquent amount as liquidated damages, and
accountant and attorney fees and court costs.
ARTICLE XII - FUNERAL LEAVE
SECTION 1.
In the event that a death in the immediate family of any employee
requires his/her absence from work, he/she will be afforded up to three
(3) days off without loss of pay for the regular workdays on which
he/she would have worked but for his/her absence to attend the funeral.
The amount of time taken off should be reasonably necessary under all
circumstances.
SECTION 2.
"Immediate family" shall mean spouse, son or daughter, mother or
father, sister or brother, or mother or father of employee's spouse.
SECTION 3.
In the event of death of the employee's grandfather or grandmother, the
employee shall be entitled to be absent from work not more than one (1)
regular working day to attend the funeral service.
SECTION 4.
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In the event of death of the employee's spouse's grandfather or
grandmother, the employee shall be entitled to be absent from work not
more than one (1) regular working day to attend the funeral service.
ARTICLE XIII - JURY PAY
SECTION 1.
The Employer agrees to reimburse any truck driver who is required to
serve on a jury (municipal, county, state or federal) for the
difference between the amount of jury pay received and the amount such
employee would have earned during the time he/she is serving on a jury
on the basis of eight (8) hours straight-time pay per day, Monday
through Friday, at his/her regular rate of pay.
SECTION 2.
The employee, before receiving such pay, must give to the Employer
evidence of the fact that he/she has served on a jury by exhibiting to
the Employer the check or voucher which he/she received from the proper
authorities for serving on the jury, together with a statement of the
number of days such employee so served.
SECTION 3.
The Employer's obligation under this article shall be limited to
payment of ten (10) working days for each separate jury call, except
there shall be no limit for the number of working days when an employee
is called for Federal Jury service.
ARTICLE XIV - PROTECTION OF RIGHTS
SECTION 1.
It shall not be a violation of this Agreement, and it shall not be
cause for discharge or disciplinary action in the event an employee
refuses to enter upon any property involved in a primary labor dispute,
or refuses to go through or work behind any primary picket line,
including the primary picket line of Unions party to this Agreement,
and including primary picket lines at the Employer's places of
business. In the application of this Article it is immaterial if the
labor dispute or picketing is illegal if the labor dispute or picketing
is primary.
SECTION 2.
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It shall not be a violation of this Agreement, and it shall not be
cause for discharge or disciplinary action if any employee refuses to
perform any service which his/her Employer undertakes to perform as an
ally of an Employer or person whose employees are on strike, and which
service, but for such strikes, would be performed by the employees of
the Employer or person on strike.
SECTION 3.
The Employer agrees that it will not cease or refrain from handling,
using, transporting, or other wise dealing in any of the products of
any other Employer or cease doing business with any other person, or
fail in any obligation imposed by the Motor Carriers Act or other
applicable law, as a result of individual employees exercising their
rights under this Agreement of under law, but the Employer shall,
notwithstanding any other provision in this Agreement, when necessary,
continue doing such business by other employees.
SECTION 4.
No driver shall be required to operate into any city where a local IBT
Union is on strike at destination or enroute terminal, and shall not be
disciplined for refusal to do so. Drivers who cannot deliver or pick up
loads at terminals where a strike is in progress shall be provided
first class transportation to their home terminal.
SECTION 5.
This Article in its entirety is excluded from the application of the
grievance procedure of this Agreement.
ARTICLE XV - CHAUFFEUR'S LICENSE
Where employees operate motor vehicles, the licenses for operation of
same shall be paid for by the Employer.
ARTICLE XVI - DISCHARGE AND RESIGNATION
SECTION 1.
Any driver wishing to quit his/her position must give the Employer one
(1) weeks notice.
SECTION 2.
Said driver shall be entitled to work out full week on his/her route or
receive one (1) weeks pay.
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SECTION 3.
If the Employer wishes to discharge a driver, it shall give such driver
one (l) weeks pay in lieu of notice, except in cases of dishonesty or
intoxication, or if a new employee cannot furnish a fidelity bond or
cannot be bonded by the fidelity insurance company of the Employer
within fifteen (15) days after commencing employment with the Employer.
ARTICLE XVII - GRIEVANCE PROCEDURE
SECTION 1.
Should differences arise between the Employer and the Union or any
employee of the Company as to the meaning or application of the
provisions of this Agreement, there shall be no suspension of work but
an xxxxxxx effort will be made to settle such differences in the
following manner:
(a) The aggrieved employee or employees shall first take the
matter up with the Shop Xxxxxxx or Business
Representative who, in turn, will take the grievance up
with the Supervisor in charge of the department. This
shall be done within five (5) days of the knowledge of
the occurrence of the incident or all rights under this
Article shall be forfeited. Employees shall have the Shop
Xxxxxxx or Business Representative present on any
grievance. If a satisfactory settlement (to the employee
and Xxxxxxx or Business Representative involved) is not
effected with the Supervisor within one (l) working day
the employee or employees involved shall submit such
grievance to the Shop Xxxxxxx or Business Representative
in writing.
(b) The Shop Xxxxxxx or Business Representative shall submit
the written grievance to the General Manager of the
Employer or other designated representative of the
Employer with authority to act within five (5) working
days after the conclusion of Step l and such Company
representative shall offer a decision within five (5)
working days after receipt of same, and if this time
limit is not complied with, the grievance shall be
forfeited.
(c) The Shop Xxxxxxx, along with the Union Representative, shall
submit the written grievance to the General Manager of the
Employer or his designated representative with authority to
act within five (5) workings days within the conclusion of
Step 2 and such Company representative shall offer a decision
within five (5) working days after receipt of such written
grievance.
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(d) No employee shall have the right to require arbitration, that
right being reserved to the Union or Employer exclusively.
(e) Within five (5) days after the determination is made that
a grievance cannot be resolved, the Union and the
Employer shall submit to each other the names of
individuals who would be agreeable to each other to serve
as arbitrator. If the parties cannot agree upon a
mutually agreeable arbitrator the parties shall within
five (5) days thereafter make a joint written request to
the Federal Mediation and Conciliation Service for a
panel of five (5) arbitrators, one of whom shall decide
the matter. The panel of arbitrators shall be sent by
said service to both parties. The Union shall within
seventy-two (72) hours after receipt of such panel strike
one (1) name from the list of nominees so submitted and
forthwith notify the other party of the name so stricken.
The parties will alternately strike such submitted names
until only one (1) nominee name remains. Such sole
remaining nominee whose name has not been stricken shall
then automatically become the chosen arbitrator for the
single specific grievance. Notice of the selection of the
arbitrator shall be given forthwith the Federal Mediation
and Conciliation Service.
The arbitrator so selected shall proceed to decide the
designated grievance and shall not be empowered to modify, add
to, subtract from or otherwise alter the provisions of this
Agreement. The arbitrator's decision shall be final and
binding upon the employees, the Union and the Company
involved.
Only one (1) grievance may be heard before a designated
arbitrator, except where the partied mutually agree otherwise.
The fees and expenses of the arbitrator in conducting the
arbitration proceeding and in making a decision shall be borne
equally by the parties to this Agreement.
(f) When the grievance settlements contain a monetary settlement
such settlement must be paid within fifteen (15) days after
such settlement or the grievant will receive six percent (6%)
on the unpaid settlement.
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ARTICLE XVIII - UNION INSPECTION
SECTION 1.
Authorized representatives of the Union shall have access to the
Employer's establishment at all reasonable times for the purpose of
adjusting disputed, investigating working conditions, collecting dues,
and ascertaining compliance with this Agreement (which shall include
the right to inspect and audit payroll records, time cards and work
sheets). After written notice by a duly authorized officer of the
Union, such records shall be produced at a place mutually agreed upon.
SECTION 2.
If the Union, or at its option, a Certified Public Accountant,
designated by the Union, certify in writing specifically that the
Employer is violating the wage scale, hours of work, vacations,
applicable Health and Welfare provisions of Pension provisions or
working conditions or other terms or conditions of employment, based
upon the records for an audit as provided in this Agreement, then the
grievance procedure shall have no application to such facts and
circumstances and the Union shall be permitted all legal and economic
recourse including the right to strike, notwithstanding anything to the
contrary contained in this Agreement.
SECTION 3.
In the event that the Certified Public Accountant determines that the
Employer is violating the Agreement, the cost of the CPA's services
shall be borne solely by the Employer. In the event the report
indicates that the Employer has not violated the Agreement, the cost
shall be borne solely by the Union. In the event the report indicates
that the Employer has violated the Agreement, then the Union may
strike, or take any other economic or legal action against the Employer
for force payments of the CPA fees, attorney fees and court costs and
back wages due the employee, to remedy the violation. It is understood
and agreed between the Employer and the Union that this provision shall
not be subject to and is specifically excluded from the grievance
procedure.
ARTICLE XIX - EQUIPMENT AND REDUCTION OF WORK FORCE
SECTION 1.
Drivers shall not be required to grease or make any repairs on their
trucks.
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SECTION 2.
In the event it becomes necessary to reduce the number of employees,
the last employee hired shall by the first laid off. Employees so laid
off shall be returned to work on the same seniority basis. These
employees shall reinstated without loss of seniority if reemployed
within twelve (12) months from the last date worked. Reemployment
rights shall be based on the employee notifying the Employer of his or
her intention to return to work within seventy-two (72) hours after
receiving notice by certified mail to the last known address of the
employee. The employee must report within one (1) week after receipt of
recall notice. Failure of the employee to notify the Employer of his or
her current mailing address shall void his or her seniority and recall
rights.
ARTICLE XX - UNIFORMS
Employers who require their employees to wear uniforms, shall furnish
same without cost to the employees. The Employer shall further launder
and take care of all such uniforms at no cost to the employee.
ARTICLE XXI - SEPARABILITY AND SAVINGS CLAUSE
SECTION 1.
If any article or section of this contract or of any rider thereto
shall be held invalid by operation of law or by any tribunal of
competent jurisdiction, or if compliance with or enforcement of any
article or section should be restrained by such tribunal pending a
final determination as to its validity, the remainder of this contract
and of any rider thereto, or the application of such article or section
to persons or circumstance other than those as to which it has been
held invalid or as to which compliance with or enforcement of has been
restrained, shall not be affected thereby.
SECTION 2.
In the event that any article or section is held invalid or enforcement
of or compliance with which has been restrained, as above set forth,
the parties affected thereby shall enter into immediate collective
bargaining negotiations for the purpose of arriving at a mutually
satisfactory replacement for such article or section.
ARTICLE XXII - NON-DISCRIMINATION
The Employer and the Union agree not to discriminate against any
qualified individual with respect to their hiring,
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compensation, terms or conditions of employment because of such
individual's race, color, creed, sex, age, religion, against qualified
employees who are handicapped, disabled veterans, or veterans of the
Viet Nam Era, nor will they limit, segregate or classify employees in
any way to deprive any qualified individual employee of employment
opportunities because of his/her race, color, creed, sex, age,
religion, against qualified employees who are handicapped, disabled
veterans, or veterans of the Viet Nam Era.
ARTICLE XXIII - CHECKOFF
SECTION 1.
The Employer agrees to deduct the Union's periodic dues and initiation
fees from the pay of each employee who individually authorizes said
deductions in writing and to remit the amounts so deducted to the
Union. Said deduction authorization shall be in such form as to conform
with Section 302 (c) of the Labor Management Relations Act of 1947.
SECTION 2.
The Union agrees to save the Employer harmless from any action or
actions growing out of these deductions and commenced by any employee
who has executed such assignment and authorization against the
Employer, and assumes full responsibility for the disposition of the
funds so deducted once such funds have been turned over to the Union as
above provided.
ARTICLE XXIV - SEVERANCE
Severance pay will be granted as provided in Appendix "A".
ARTICLE XXV - TERMINATION
This Agreement shall became effective as of February 1, 1996 and shall
continue in effect until January 31, 1998, inclusive and shall continue
in full force and effect from year to year thereafter unless either
party serves upon the other sixty (60) days written notice prior to
January 31, 1998 or January 31 of any subsequent year of a desire to
change, modify, or cancel this Agreement.
IN WITNESS, WHEREOF, we hereunto set our hands and seals this 30th day of May,
1996.
XXXXXXX FOODS, L.L.C
DES PLAINES, ILLINOIS
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BY: [ILLEGIBLE]
DATE SIGNED: 5/21/96
BAKERY, CRACKER, PIE AND YEAST
WAGON DRIVERS,
UNION LOCAL 734
BY: [ILLEGIBLE]
DATE SIGNED: 5/30/96
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APPENDIX "A"
SEVERANCE PAY
SECTION 1.
Severance pay will be granted, as outlined below, to eligible full-time
employees who are displaced from employment due to a permanent closing
of the entire plant, a department thereof, or due to the introduction
of labor saving equipment
SECTION 2.
All affected permanent full-time employees who are terminated due to
the reasons Stated in Section l, will receive either pension or
severance, depending on age and length of service, as specified below.
Employees off from work due to illness, injury, or leave of absence who
would normally have returned to work would receive the same
consideration as those actively employed. Persons off from work who
were not expected to return, would not receive severance pay.
SECTION 3.
The severance allowance would be based on length of service with the
Employer as a member of Local 734 and is as follows:
Each full-time employee, actively employed by the Employer for
a period of at least two (2) years, will receive for his/her
displacement, a weeks pay for each full year of active
employment, commencing with the third (3rd) year. Payment
under this formula shall be limited to maximum of twelve
hundred (1200) hours of severance pay.
SECTION 4.
A weeks pay consists of the regular and stated contract workweek at the
employee's straight-time hourly classification base rate.
SECTION 5.
The above described severance pay will not be paid to:
(a) Any eligible employee who voluntarily quits before
operations are suspended.
(b) Any eligible employee who is offered other reasonable
employment with the Employer and either accepts or
refuses.
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(c) Any eligible employee who at separation is eligible for
a normal pension under the provisions of the Local No.
734 Pension Fund.
(d) If an eligible employee subject to severance pay is
eligible to receive an early retirement or disability
pension benefit under the Local No. 734 Pension Fund,
whether or not he/she elects to accept such early
retirement or disability benefit, he/she shall receive as
severance pay that percentage of severance pay as set
forth above which the excess of normal pension benefit
under such plan over the amount to early retirement or
disability benefit, to which he/she is then entitled,
bears to the normal pension. For example, if the normal
pension benefit is $100 and an employee is entitled to an
early retirement of disability benefit of $58, then
his/her severance pay be reduced by 58 percent.
(e) In the event an eligible employee receives any monetary value
from a vested interest in the Local No. 734 Pension Fund on
the date of termination of employment with the Employer, said
amount shall be deducted from any severance payment due the
employee.
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