EXHIBIT 10
A G R E E M E N T
BETWEEN
XXXXXXXXX FARMS, INC.
(HAMMOND PROCESSING DIVISION)
AND
UNITED FOOD AND COMMERCIAL WORKERS
LOCAL UNION 455
AFFILIATED WITH THE
UNITED FOOD AND COMMERCIAL WORKERS
INTERNATIONAL UNION
DECEMBER 1, 2004 - NOVEMBER 30, 2007
TABLE OF CONTENTS
ARTICLE PAGE
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I. AGREEMENT 1
II. RECOGNITION 1
III. MANAGEMENT PREROGATIVES 2
IV. SHOP STEWARDS 2
V. GRIEVANCE PROCEDURE 3
STEP 1 3
STEP 2 3
STEP 3 4
VI. ARBITRATION 5
VII. NO STRIKE - NO LOCK OUT 7
VIII. UNION BULLETIN BOARD 7
IX. HOURS OF WORK 8
X. SENIORITY 10
XI. LEAVES OF ABSENCE 12
XII. SENIORITY LIST 14
XIII. MISCELLANEOUS 15
XIV. VACATIONS 16
XV. INSURANCE 17
XVI. HOLIDAYS 18
XVII. WAGES 19
XVIII. NO DISCRIMINATION 20
XIX. AUTHORIZATION FOR REPRESENTATION AND CHECK-OFF 21
XX. UNION SECURITY 21
XXI. PROFIT SHARING -- RETIREMENT 22
XXII. DURATION OF AGREEMENT 23
SIGNATURES 23
APPENDIX A 00
XXXXXXXX X 27
ARTICLE I
AGREEMENT
Section 1. This Agreement made and entered into this 1st day of December, 2004,
by and between Xxxxxxxxx Farms, Inc. (Hammond Processing Division) of Hammond,
Louisiana, hereinafter referred to as the Company or Employer, and United Food
and Commercial Workers Local Union 455, affiliated with the United Food and
Commercial Workers International Union, hereinafter referred to as the Union.
Section 2. The general purpose of this Agreement is to establish just and
equitable terms and conditions of employment and to provide methods for fair and
peaceful adjustment of differences which may arise. It is recognized by the
Agreement to be the respective duty of the Company, the Union and the Employees
to cooperate fully, individually and collectively toward the accomplishment of
said aims.
ARTICLE II
RECOGNITION
Section 1. The Company recognizes the Union as the exclusive bargaining agent
for all production and maintenance employees, including truck drivers, at the
Employer's poultry processing and rendering plant in Hammond, Louisiana, and
excluding office clerical employees, guards and/or watchmen, salesmen,
professional employees, and supervisors as defined in the Act.
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ARTICLE III
MANAGEMENT PREROGATIVES
Section 1. Nothing in this Agreement shall be deemed to limit the Employer in
any way in the exercise of the customary functions of management which are
recognized as the Employer's exclusive responsibility, including, but not
limited to, the right to plan, direct, and control operations, to utilize the
services of contractors, to determine the number, size and location of its
establishments, to close an establishment or departments thereof, to hire, to
promote, to demote, and for proper cause to discipline, suspend or discharge, to
assign and schedule work and transfer employees from one job or department to
another, and to make and enforce reasonable rules and regulations relative to
any and all of these matters or to the management of its operation, provided
that the reasonableness of rules may be tested in the grievance procedure. The
Employer shall be the exclusive judge of all matters pertaining to its
operations and their scheduling and the methods, processes, equipment, means of
operation and size of workforce.
Section 2. The Employer retains all prerogatives and rights of management and
all privileges and responsibilities not specifically limited by this Agreement.
ARTICLE IV
SHOP STEWARDS
Section 1. The Employer recognizes the right of the Union to designate shop
stewards, not to exceed fifteen (15) in number, who shall be assigned to serve
specific areas of the plant to handle such Union business as may arise. The shop
stewards shall be employees of the Company. The Union shall notify the Company
in writing as to the names of the
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stewards and of any changes in designation of stewards.
Section 2. A representative of the Union shall be permitted to enter the plant
at reasonable times, upon Employer's premises and plant, provided such
representative shall in no way interfere with the operations of Employer's
business and shall make arrangements with the Employer's manager.
ARTICLE V
GRIEVANCE PROCEDURE
Section 1. Grievances arising under this contract are herein defined as a claim
by a party to this Agreement or an employee covered by this Agreement that the
Company or the Union has violated a provision of this Agreement.
STEP I
The employee shall discuss the grievance or complaint with the immediate
supervisor within five (5) working days after the event giving rise thereto
occurs, or within five (5) working days following the date on which the grievant
had or reasonably would have had knowledge thereof. In the event the employee so
requests, the appropriate xxxxxxx shall be present at this step. The supervisor
shall give an answer within five (5) working days after the grievance is
received.
STEP 2
If there is no settlement in Step 1, the grievance may be presented by the
employee and/or shop xxxxxxx within five (5) working days from the date on which
the supervisor's answer was given in Step 1. The grievance must be presented in
writing to the department superintendent and must state the following
information:
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(a) name or names of employee or employees involved;
(b) the department or departments involved;
(c) the date and time of the occurrence or discovery of the grievance;
(d) the facts of the incident on which the claim is based;
(e) the specific provision of this Agreement alleged to have been
violated;
(f) the remedy requested.
The department superintendent shall give the Company's answer in writing
within five(5)working days after the grievance is received by the
superintendent.
STEP 3
In the event the grievance is not settled in Step 2, then the grievance
may be appealed in writing to the division manager or a designated
representative by the Union to Step 3 within five (5) working days from the
Company's answer in Step 2. The division manager or a designated representative
shall give an answer in writing within five (5) working days from the date of
the appeal. In the event the grievance is not settled then the aggrieved party
or parties shall have the right to request arbitration.
In the event a grievance arises on behalf of the Employer, the matter
shall be presented to the Union Business Agent in writing, who shall have seven
(7) days from the date of submission within which to endeavor to reconcile the
grievance presented and shall give an answer in writing within that time. If not
settled within that time, the aggrieved party or parties shall have the right to
request arbitration.
Section 2. Discharge grievances shall be processed initially under Step 3 of the
grievance procedure. The written grievance shall be filed with the division
manager within five (5) working days following the date of discharge.
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Section 3. failure to observe the time limit specified herein for original
presentation of a grievance or presentation in any subsequent step of the
grievance procedure on the part of either the grievant or the Union shall be
conclusive evidence that the grievance has been settled and abandoned.
Failure on the part of the Company to comply with the time limits for
delivering its answer in any step of the grievance procedure shall automatically
advance the grievance to the next step of the grievance procedure.
The time limits of the grievance procedure may be extended by mutual
consent of the Union and the Company.
ARTICLE VI
ARBITRATION
Section 1. If a party to this Agreement desires to take a grievance to
arbitration, it shall within fifteen (15) calendar days after the denial of the
grievance, give written notice of his intention to the other party, together
with a written statement of the specific provision or provisions of this
Agreement at issue.
At the request of either party, the time limit for notice under this
section shall be extended for a period not to exceed fifteen (15) calendar days
to allow the Division Manager or his designated representative to meet with the
Executive Assistant to the President of the Union and discuss the grievance. No
further extension shall be granted.
Section 2. The parties shall attempt to select an impartial arbitrator. If they
are unable to agree upon a choice within seven (7) calendar days after the
receipt of Notice of Intent to Arbitrate, either party may request the Federal
Mediation and Conciliation Service to
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submit a list of five (5) arbitrators, from which the arbitrator will be
selected. Selection shall be made by the parties alternately striking any name
from the list (the first to strike shall be the party requesting arbitration)
until only one (1) name remains. The final name remaining shall be the
arbitrator of the grievance.
Section 3. The jurisdiction and the decision of the arbitrator of the grievance
shall be confined to a determination of the acts and the interpretation or
application of the specific provision or provisions of this Agreement at issue.
The Arbitrator shall be bound by terms and provisions of this Agreement and
shall have the authority to consider only grievances representing solely an
arbitration issue under this Agreement. The arbitrator shall have no authority
to add to, alter, amend, or modify any provision of this Agreement. The decision
of the arbitrator in writing on any issue properly before the arbitrator in
accordance with the provisions of this Agreement, shall be final and binding on
the aggrieved employee or employees, the Union, and the Employer.
Section 4. Multiple grievances shall not be heard before one arbitrator at the
same hearing except by mutual agreement of the parties.
Section 5. The Union and the Employer shall each bear its own costs in these
arbitration proceedings, except that they shall share equally the fee and other
expenses of the arbitrator in connection with the grievance.
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ARTICLE VII
NO STRIKE - NO LOCK OUT
Section 1. For the duration of this Agreement, there shall be no strike,
stoppages, slowdowns, picketing, or other interruption of or interference with
the operations of the plant.
Section 2. The Company shall not lock out employees for the duration of this
Agreement.
Section 3. Neither the violation of any provisions of the Agreement, nor the
commission of any act constituting an unfair labor practice, or otherwise made
unlawful, shall excuse the employees, the Union, or the Company from their
obligations under the provisions of this Article.
Section 4. An employee discharged or otherwise disciplined for violation of this
Article, may seek review of such discipline through the grievance and
arbitration procedures provided herein. In this event, the only question to be
reviewed shall be whether or not the employee participated in the prohibited
conduct.
ARTICLE VIII
UNION BULLETIN BOARD
The Employer will provide a bulletin board in the plant for posting of Union
notices. All matters to be posted shall be submitted to the Division Manager or
a designated representative for approval prior to posting, and management's
decision shall be final.
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ARTICLE IX
HOURS OF WORK
Section 1. The regular work week shall consist of five (5) days or forty (40)
hours. This shall not be construed as a guarantee of any amount of hours or
work. The basic work week shall be the seven (7) day period from 12:01 a.m.
Sunday until midnight the following Saturday. Employees will be given at least
one (1) calendar week's notice of any change by the Company of the payroll week.
Section 2. An employee who works more than forty (40) hours in any one week
shall be paid at time and one-half the regular rate of pay for all hours in
excess of forty (40).
Section 3. When employees are called to work a shift outside their regularly
scheduled shift and report for work, or when they report to work at their
regularly scheduled time, they shall be given the opportunity to work a minimum
of three (3) hours or receive pay for same at the applicable hourly rate, except
that no such pay shall be made when the plant cannot operate for reasons beyond
the control of the Employer, such as, but not limited to, strikes, utility
failure, fire, flood, storms or other acts of God interfering with work, or a
breakdown of machinery or equipment when the Company notifies the employees not
to report to work at least four (4) hours prior to the scheduled time to work.
Section 4. Employees will be paid at their regular rate for all waiting time of
thirty (30) minutes or less, so long as they do any job they are assigned.
Employees will not be paid for waiting time which exceeds thirty (30) minutes if
(1) they are relieved of all duties, (2) are free to leave the plant, and (3)
are told the time they must return to work. Employees will not be relieved
without pay more than once in any workday except for a lunch break
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of not more than one (1) hour.
Section 5. The Company will provide one (1) unpaid break of not less than thirty
(30) minutes for lunch during each shift, and shall provide one (1) twelve (12)
minute paid rest period prior to lunch each day. In addition, all employees will
be allowed one (1) twelve (12) minute paid rest period after the lunch break
provided the work time is expected to be not less than two and one-half (2 1/2)
hours. No unpaid break shall be provided for maintenance employees.
The Company shall have the right to provide a twenty-four (24) minute paid
lunch break to Clean-Up Line Operators on restricted hours in lieu of all breaks
provided in this Section.
Section 6. A Clean-Up Line Operator who has completed the probationary period
and is permanently assigned to restricted hours in the clean up department shall
receive an hourly adjustment of $1.35 for each hour worked in that assignment.
Effective January 1, 2006, the hourly adjustment shall be $1.40. Effective
January 7, 2007, the hourly adjustment shall be $1.45.
Section 7. Employees who have completed the probationary period and are
temporarily assigned for one or more consecutive hours to perform the duties of
an absent employee in a higher paid classification shall receive the rate of
that classification while performing the duties of the classification. Employees
who work at more than one pay rate during a week in which they earn overtime
shall receive overtime pay based upon an average of the rates earned during that
week.
Section 8. When daily overtime in excess of fifteen (15) minutes is required for
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processing employees, they shall be notified by second break, or as soon as the
Company knows such overtime is required.
ARTICLE X
SENIORITY
Section 1. Seniority is defined as the length of an employee's continuous
employment in the bargaining unit at the Company's Hammond, Louisiana, poultry
processing plant since the last permanent date of employment. For purposes of
layoff, recall, promotion, and vacation only, this shall include continuous
service which began prior to the acquisition of the plant by the Company.
Section 2. All newly hired or rehired employees shall be considered as
probationary employees for a period of ninety (90) days during which period they
shall not acquire seniority, and during which they may be discharged without
recourse to the grievance and arbitration procedures provided herein. If
retained as a regular employee upon satisfactory completion of the probationary
period, seniority shall be retroactive to the first day of employment.
Section 3. In matters of layoff, recall, and promotion, consideration will be
given to an employee's skill, ability, attendance, versatility, training,
physical fitness, and seniority; and when, in the opinion of the Company, the
factors other than seniority are relatively equal, seniority will be the
deciding factor.
Section 4. An employee's seniority shall be lost and employment considered
terminated by:
(a) discharge for just cause;
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(b) failure to return from layoff within five (5) working days after
written notice by certified mail is sent by the Company to the
employee's last known address on the Company's books. Actual notice to
the employee of recall by any other means shall satisfy the terms of
this provision;
(c) voluntary termination of employment;
(d) failure to report after termination of a leave of absence approved by
the Company in writing on the first scheduled day following the
expiration of such leave of absence;
(e) engaging in a gainful occupation while on leave of absence;
(f) absence from work for three (3) consecutive working days without
notice to the Company, which shall be considered as a voluntary quit,
unless notice was prevented by a cause beyond the control of the
employee;
(g) separation from the Company's active payroll for any reason, exclusive
of leaves of absence approved by the Company, for a period exceeding
an employee's length of service in the Xxxxxxx plant, or three (3)
months, whichever is less.
Section 5. For the purposes of this Agreement, layoffs shall be classified as
(a) "short term" and (b) "long term". A short term layoff is a layoff which will
not exceed ten (10) workdays in length. Short term layoffs may be made without
regard to seniority. A long term layoff is a layoff which will exceed ten (10)
workdays in length. Long term layoffs shall be made subject to Section 3 of this
Article.
Section 6. All permanent job vacancies in premium rated classifications shall be
posted for forty-eight (48) hours on the plant bulletin board. Employees in
lower rated classifications desiring promotion to such jobs shall sign a bid
sheet posted on the bulletin board. An employee who does not sign such bid sheet
shall have no right to consideration for the vacancy. However, the fact that an
employee did not sign the bid sheet will not
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preclude that employee's selection for the job by the Company if none of the
signers is determined to be qualified. If no qualified employee bids on the
posted position, the Company may fill the position in its discretion. If, after
a reasonable period not to exceed thirty (30) days, the employee selected for
the posted position achieves an acceptable level of performance, the employee
shall receive the rate of the new position. If the employee fails to perform in
an acceptable manner, such employee shall return to a job in their former
classification and the premium job shall be posted again. An employee who
self-disqualifies shall return to the extra board at the line operator's rate of
pay and shall not be eligible for bidding on a premium job for a period of six
(6) months. Section 7. Assignments involving employees on the extra board shall
be in order of seniority. Within a department, no extra board employee shall be
retained over a permanently assigned employee.
ARTICLE XI
LEAVES OF ABSENCE
Section 1. An employee who has completed the probationary period may be granted,
at the Company's discretion, a leave of absence without pay for a reasonable
period of time, not to exceed one (1) month, for the following reasons:
(a) emergency personal business;
(b) Union business, upon written request by the Union's Representative,
provided that no more than three (3) employees shall be on such leave
simultaneously.
Section 2. Employees who have completed their probationary period are eligible
for up to thirteen (13) weeks per year of unpaid family and medical treatment
leave for the
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following reasons:
(a) Employee's serious health condition -- a medical certification will be
required which states that the employee is unable to perform the functions of
the employee's position.
(b) Family serious health condition -- spouse, parent, or child. A medical
certification will be required stating the employee is "needed to care for the
individual."
(c) New child leave -- the birth, adoption or xxxxxx care placement by a
state agency of a child, and, the need to care for the child; such leave may be
prior to the actual birth or placement.
The provisions of this Section shall be administered in accordance with
the Family and Medical Leave Act of 1993 (FMLA).
Section 3. Employees who have completed their probationary period who lose
actual work time in order to attend the funeral of a family member shall receive
a paid funeral leave for time necessarily lost during the employee's regularly
scheduled shift, provided the employee would have been scheduled and at work
during that day. Said leave shall be up to three (3) days with pay for a
deceased parent, spouse, child, brother, or sister and one (1) day for a
deceased father-in-law, mother-in-law, grandparent, brother-in-law,
sister-in-law or grandchild. In order to receive pay under this Section, an
employee must be actively working, must make application for such paid leave,
and must attend the funeral. The Company may require satisfactory evidence of
attendance at the funeral and the relationship of the deceased.
Section 4. If the Company has knowledge that an employee, in a premium-rated
classification, will be on family and medical leave, military leave, or an
industrial injury leave for more than thirty (30) calendar days, the job will be
posted and filled on a
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temporary basis. The successful bidder will receive the rate of the premium
classification for the period its duties are performed. When employees on leave
under this Section return, they shall be immediately assigned to their old job;
employees temporarily filling the job shall return to their regular
classification and pay rate.
Section 5. The Company shall pay each active employee who reports for jury duty
the difference between pay up to eight times the hourly rate for time actually
lost and the juror's daily fee for each day the employee is required to serve on
a jury. The employee must report to work during those days of his regularly
scheduled shift during which the employee is not required to report for jury
duty or be available at court for jury service. The employee must present proof
of jury service and the amount of compensation received from the court.
ARTICLE XII
SENIORITY LIST
Section 1. Upon request at any reasonable time, the Company shall furnish to the
Union a current seniority list. The list shall be alphabetical and shall include
department, shift, social security number, date of hire, address, zip code,
phone number and rate of pay. The Company's obligation is fulfilled by
furnishing the most recent information in the Company's records.
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ARTICLE XIII
MISCELLANEOUS
Section 1. The Company shall maintain safe, sanitary, and healthy working
conditions at all times, and employees will be required to cooperate in
maintaining such conditions. Any complaints regarding safety or health shall be
processed through the grievance and arbitration provisions of this Agreement.
Section 2. The Company will provide any uniforms required of employees who have
completed their probationary period.
The Company will furnish required safety equipment, gloves, aprons, hair
nets, freezer gloves, cotton gloves, and smocks at no cost to the employee.
Needed replacements, through normal use, will be made at no cost provided the
worn out article is returned to the Company. If an item is lost or destroyed
through employee negligence, the employee will be charged for its replacement.
Section 3. The Employer may require any employee to take a physical examination
at any time at the Employer's expense.
Section 4. It shall be the responsibility of all employees to keep the Employer
apprised of their current address, telephone number, marital status and number
of dependents.
Section 5. It is the intent of the parties hereto that no provisions of this
Agreement shall require either party to perform any act which shall be unlawful
under any Louisiana or Federal statute.
Section 6. Employees will be allowed reasonable relief from the line to visit
the
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restroom. Employees who abuse this privilege will be subject to discipline up to
and including discharge.
ARTICLE XIV
VACATIONS
Section 1. Regular full-time employees shall be eligible for one (1) week's
vacation after the first anniversary date of continuous employment, and after
the anniversary date of each succeeding year.
Employees shall be eligible for a second week of vacation after the second
anniversary date of continuous employment, and after the anniversary date of
each succeeding year of continuous employment.
Employees shall be eligible for a third week of vacation after the tenth
anniversary date of continuous employment, and after the anniversary date of
each succeeding year of continuous employment.
Employees shall be eligible for a fourth week of vacation after the
twentieth anniversary date of continuous employment and after the anniversary
date of each succeeding year of continuous employment.
Section 2. To be eligible for a vacation, an employee must have worked sixteen
hundred (1,600) hours during the preceding twelve (12) months or eighty (80)
percent of available hours for that period, whichever is less. Vacations and
holidays not worked shall be considered time worked for purposes of this
Section.
Section 3. Vacation pay shall be computed at forty (40) times the Employee's
regular straight time hourly rate.
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Section 4. Due consideration will be given employees' choice of vacation time,
but all vacations scheduled are subject to the final approval of the Company in
keeping with the Company's scheduling needs. In the event that two or more
employees cannot be released at the same time, the employee with the longest
service with the Company will be given preference. An employee who notifies the
Company of a vacation choice thirty (30) days in advance shall not lose that
vacation choice to another employee. Vacations may not be scheduled for periods
of less than a week, except as provided hereafter in this section, and all
vacations must be taken within an anniversary year.
Employees who have earned three weeks of vacation shall be entitled to use
up to one week of said vacation one day at a time, provided the employee's
request is given at least one week in advance and the supervisor approves such
request. This right may not be used on the day before or the next scheduled work
day following a scheduled holiday. Requests will be granted in order of
seniority. It is understood that any waiver of the notice requirement is in the
sole discretion of the Company.
Section 5. The Company reserves the right to schedule a plant shutdown for one
..(l) week in any year, which shall be treated as a vacation week for those
employees entitled to vacation.
ARTICLE XV
INSURANCE
The Company will provide a group insurance program for employees covered
by this Agreement. The Company will continue to make monthly contributions
toward group insurance premiums in the same proportion as is currently in
effect. Employees
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will bear the remaining costs of the insurance.
The Company shall pay seventy-five (75%) percent of the cost of employee
coverage only under the group insurance plan elected by an employee. On January
1, 2005, monthly contribution by the Company toward group family coverage shall
be sixty (60%) percent of its cost. On January 1, 2006, this shall increase to
seventy (70%) percent of said premium for family coverage, and on January 1,
2007, the Company contribution for family coverage shall be seventy-five (75%)
percent of the premium.
ARTICLE XVI
HOLIDAYS
Section 1. The following shall be considered holidays:
New Year's Day Labor Day
Xxxxxx Xxxxxx Xxxx'x Birthday Thanksgiving Day
Memorial Day Christmas Day
July Fourth Birthday Holiday
The birthday holiday shall be taken on the employee's birthday. If the birthday
falls on a Saturday or Sunday, the holiday shall be taken on a day agreed upon
by the Company and the employee within one (1) week of the birthday.
In the event any other holiday falls on a Saturday or Sunday, the Company
will announce whether it will be observed on Friday preceding or the Monday
following the holiday. Such notice shall be given at least four (4) days in
advance.
Section 2. All regular full-time employees who have completed their probationary
period shall be paid for eight (8) hours at their regular straight time rate for
each holiday enumerated above, provided they report for work and work all
scheduled
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hours on the workday preceding and the workday next following the holiday,
unless the employee was necessarily absent due to personal illness, supported by
a doctor's certificate, or because of an emergency occurring to the employee or
the employee's immediate family (meaning only spouse, children, or parents). No
employee shall lose holiday pay because of missing no more than thirty (30)
minutes on the workday before or the workday following the holiday.
In any event, an employee must work at least one (1) day during the
calendar week in which a holiday falls in order to be eligible for holiday pay,
except the employee who is on vacation.
Section 3. Employees required to work on a holiday shall be paid the amount
provided above, in addition to their regular earnings for that day. Hours not
worked on a holiday shall not be considered as work time in computing any
additional compensation due under the overtime provisions of this contract.
Section 4. If an employee is required to work and fails to report or fails to
work scheduled hours on a holiday, the employee shall forfeit holiday pay for
that day.
Section 5. Employees on vacation during the week in which a holiday falls shall
receive holiday pay.
ARTICLE XVII
WAGES
Section 1. Wages shall be paid as provided in Appendix A attached hereto and
made a part of this Agreement.
Section 2. Whenever a new job classification is created by the Company, or there
is a
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change or merger of job classifications or the job content of job
classifications, the Company will discuss the appropriate wage rate with the
Union. If a mutually satisfactory rate cannot be agreed upon, the Company will
set the rate. The Union may file a grievance on the rate, and the dispute shall
be settled in accordance with the grievance and arbitration procedures of this
contract.
Section 3. In addition to the wage rates as provided in Appendix A, production
employees who have been continuously employed for five (5) or more years shall
receive seniority pay of twenty (20) cents per hour. Maintenance employees who
have been continuously employed for five (5) or more years will receive
seniority pay of fifty (50) cents per hour.
Section 4. Employees who have been continuously employed for one (1) or more
years shall receive a night shift differential of twenty-five (25) cents per
hour for work performed on a shift starting during the hours beginning 12:00
noon through 1:00 a.m. The starting time of a shift determines if it is subject
to the shift differential. Employees performing work on a night shift which is
not their regular shift will receive shift differential for such work if it
lasts three (3) or more hours.
ARTICLE XVIII
NO DISCRIMINATION
Section 1. The Company and the Union agree that they will not discriminate
against any person with regard to employment or Union membership because of
race, creed, color, sex, religion, age, national origin, or disability (as
defined in the Americans With Disabilities Act).
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Section 2. Whenever masculine gender is used in this Agreement, it shall apply
to the feminine gender.
ARTICLE XIX
AUTHORIZATION FOR REPRESENTATION AND CHECK-OFF
Section 1. During the term of this Agreement, the Company will deduct initiation
fees, assessments, and Union dues from the wages of employees who individually
authorize the Company on a form in compliance with Appendix B to this Agreement.
Section 2. The Union shall save the Company harmless against and from all
claims, demands, suits or other forms of liability that arise out of or by
reason of action taken or not taken by the Company in reliance upon or
compliance with any provisions of this Article.
Section 3. The Company agrees to make a uniform deduction for the Active Ballot
Club from those employees who voluntarily so authorize the Company on a form in
compliance with Appendix B to this Agreement. Such funds shall be remitted to
the Union by separate check.
Section 4. It is agreed that by reason of institution of the above check-off
system, collections by any other method on the Company's premises are
prohibited, except with the permission of the Company.
ARTICLE XX
UNION SECURITY
Section 1. It shall be a condition of employment that all employees of the
Employer covered by this Agreement become members of the Union in good standing
not later
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than thirty-one (31) days after the effective date of this Agreement, and remain
members in good standing of the Union. It shall also be a condition of
employment that all employees covered by this Agreement and hired on or after
its effective date shall on the thirty-first (31st) day following the beginning
of such employment become and remain members in good standing in the Union.
The Union shall save the Company harmless against and from all claims,
demands, suits, or other forms of liability that arise out of or by reason of
action taken or not taken by the Company in reliance upon or compliance with any
provisions of this Article.
It is understood and agreed that the provisions of this Article shall be
effective only to the extent permitted by applicable law.
ARTICLE XXI
PROFIT SHARING - RETIREMENT
Section 1. EMPLOYEE STOCK OWNERSHIP PLAN - Employees covered by this Agreement
will continue to be covered by the Employee Stock Ownership Plan of Xxxxxxxxx
Farms, Inc. and Affiliates. Participation and benefits in the plan shall be in
accordance with the provisions of that plan.
Section 2. 401(k) PLAN - Employees covered by this Agreement shall continue to
be eligible for participation in the Xxxxxxxxx Farms, Inc. and Affiliates 401(k)
Plan as provided in the Plan and shall be subject to the conditions provided by
said Plan.
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ARTICLE XXII
DURATION OF AGREEMENT
Section 1. This Agreement shall remain in full force and effect from the 1st day
of December, 2004 until the 30th day of November, 2007, and shall continue
thereafter from year to year until either party to this Agreement desires to
terminate this Agreement by giving written notice at least sixty (60) days prior
to November 30, 2007, or at least sixty (60) days' written notice prior to any
anniversary date thereafter. The parties to this Agreement shall endeavor to
satisfactorily negotiate any contemplated change or execute a new Agreement
during the sixty (60) day period, after proper notice in writing has been given
as provided herein above. Notice, as specified in this Article, shall be mailed
via United States Certified Mail.
IN WITNESS WHEREOF, the parties have hereunto signed their names this
15th day of December, 2004.
XXXXXXXXX FARMS, INC. UNITED FOOD AND COMMERCIAL
(Xxxxxxx Processing Division) WORKERS LOCAL UNION 455,
Affiliated with the United Food and
Commercial Workers International Union
/s/ Xxxxx Xxxxxxx /s/ Xxxxxxx X. Xxxxxxx
--------------------------- -------------------------------------
/s/ Xxxx Xxxxxxx /s/ Xxxx X. Xxxxxxx
--------------------------- -------------------------------------
___________________________ _____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
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APPENDIX "A"
WAGE SCHEDULE
EFFECTIVE EFFECTIVE EFFECTIVE
12/4/2004 1/1/2006 1/7/2007
--------- -------- --------
PROCESSING
Receiving
Forklift Operator 9.90 10.15 10.50
Hanging Dock 9.75 10.00 10.35
Picking
Killer 10.00 10.25 10.60
Floorworker 9.65 9.90 10.25
Line Operator 9.50 9.75 10.10
Eviscerating
Floorworker 9.65 9.90 10.25
Bird Chiller Operator 9.65 9.90 10.25
Line Operator 9.50 9.75 10.10
By-Products Department
By-Products Operator 9.75 10.00 10.35
CUSTOMER SERVICE
Packing
Scale Operator 9.75 10.00 10.35
Floorworker 9.65 9.90 10.25
Giblet Chiller Operator 9.65 9.90 10.25
Line Operator 9.50 9.75 10.10
Specialty
Forklift Operator 9.95 10.20 10.55
Scale Operator 9.75 10.00 10.35
Paw Scale Operator 9.75 10.00 10.35
Floorworker 9.65 9.90 10.25
Stackoff 9.60 9.85 10.20
Line Operator 9.50 9.75 10.10
Marination
Scale Operator 9.75 10.00 10.35
Formulating Mixer 9.65 9.90 10.25
Floorworker 9.65 9.90 10.25
Stack Off 9.60 9.85 10.20
Line Operator 9.50 9.75 10.10
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EFFECTIVE EFFECTIVE EFFECTIVE
12/4/2004 1/1/2006 1/7/2007
--------- -------- --------
SHIPPING
Forklift Operator 9.95 10.20 10.55
Cooler & Shipping Dock 9.60 9.85 10.20
DEBONE DEPARTMENT
Deboning
Forklift Operator 9.90 10.15 10.50
Scale Operator 9.75 10.00 10.35
Floorworker 9.65 9.90 10.25
DSI Operator 9.65 9.90 10.25
Front Half Puller 9.60 9.85 10.20
Combo Packer 9.60 9.85 10.20
Stack Off 9.60 9.85 10.20
Line Operator 9.50 9.75 10.10
Quality Control Technician 9.75 10.00 10.35
MAINTENANCE DEPARTMENT
Master Skilled Operator I 15.45 15.70 16.05
Master Skilled Operator II 13.10 13.35 13.70
Skilled Maintenance 12.10 12.35 12.70
Mechanic 11.35 11.60 11.95
Mechanic Helper 9.80 10.05 10.40
CLEAN-UP
Floorworker 9.65 9.90 10.25
Clean-Up Line Operator 9.50 9.75 10.10
Wastewater Operator 9.60 9.85 10.20
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RATES FOR NEWLY HIRED EMPLOYEES:
12/4/2004 1/5/2006 1/7/2007
--------- -------- --------
Training rate 6.65 6.85 7.10
Sixty-day rate 7.85 8.05 8.30
Six-month rate 8.50 8.70 8.95
One-year rate 9.50 9.75 10.10
New hired employees in premium classifications above shall receive the rate of
that classification upon the expiration of a forty-five (45) day period.
- 00 -
XXXXXXXX "X"
CHECK-OFF AUTHORIZATION
To: Any Employer under contract with United Food and Commercial Workers Union,
Local 455, AFL-CIO
You are hereby authorized and directed to deduct from my wages, commencing
with the next payroll period, an amount equivalent to dues and initiation fees
as shall be certified by the Secretary-Treasurer of Local 455, of the United
Food and Commercial Workers International Union, AFL-CIO, and remit same to said
Secretary-Treasurer.
This authorization and assignment is voluntary, made in consideration for
the cost of representation and collective bargaining and is not contingent upon
my present or future membership in the Union. This authorization and assignment
shall be irrevocable for a period of one (1) year from the date of execution or
until the termination date of the Agreement between the Employer and Local 455,
whichever occurs sooner, and from year to year thereafter, unless not less than
thirty (30) days and not more than forty-five (45) days prior to the end of any
subsequent yearly period, I give the Employer and Union written notice of
revocation bearing my signature thereto.
The Secretary-Treasurer of Local 455 is authorized to deposit this
authorization with any Employer under contract with Local 455 and is further
authorized to transfer this authorization to any other Employer under contract
with Local 455 in the event that I should change employment.
$ ______________________ ______________________ ______________________
DUES/EQUIVALENT DATE SIGNED SIGNATURE
________________________ ______________________ ______________________
INITIATION/REINSTATEMENT SOCIAL SECURITY NUMBER NAME PRINTED
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UFCW AUTHORIZATION FORM FOR POLITICAL CHECK-OFF
I hereby authorize ______________________________________ to deduct from
my paycheck the sum of 25(cent) weekly, such amount to be transmitted to the
UFCW International Active Ballot Club at such time and in such manner as may be
agreed upon by my Employer and Local Union.
I understand that this authorization is voluntarily made and that the
amount suggested as a contribution is a guideline and that I may contribute more
or less than this amount by any lawful means, other than this check-off, or may
refuse to contribute, and that the making of payments to the UFCW Active Ballot
Club is not a condition of membership in the Union or of employment with the
Employer and that I have a right to refuse to sign this authorization and not to
contribute to the UFCW Active Ballot Club without reprisal. I also understand
that my contribution will be used for political purposes, including the support
of candidates for Federal, State and Local office. I expressly reserve the right
to revoke at any time this authorization in writing.
SIGNED: _____________________________________ COMPANY: ___________________
NAME (PRINT)_________________________________ STORE NO. __________________
ADDRESS _____________________________________ CITY ________________ ZIP _______
SOCIAL SECURITY NO. _________________________ DATE SIGNED _______________
Contributions or gifts to the UFCW Active Ballot Club are not deductible as
charitable contributions for Federal tax purposes.
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