Exhibit 10.50
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AGREEMENT
BETWEEN
PROVENA FOODS INC., dba.
ROYAL ANGELUS MACARONI CO.
AND
UNITED FOOD & COMMERCIAL
WORKERS UNION LOCAL 1428
October 2, 2000 Through September 29, 2002
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INDEX
PROVENA FOODS INC., dba
ROYAL ANGELUS MACARONI COMPANY
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PAGE
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PREAMBLE 1
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WITNESSETH 1
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SECTION 1 - RECOGNITION AND JURISDICTION 1
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1.1 UNION RECOGNITION 1
1.2 CLASSIFICATION DEFINITIONS 1
1.2.1 Mixer Operator 1
1.2.2 Press Operator 1
1.2.3 Packing Operator 2
1.2.4 General Packer 2
1.2.5 Maintenance Mechanic 2
1.2.6 Maintenance Helper 2
1.2.7 Quality Control Employee 2
1.2.8 Shipping/Receiving Employee 2
1.2.9 Sanitation Sanitor 2
1.2.10 Supervisors 2
1.3 PERFORMANCE OF BARGAINING UNIT WORK 3
1.4 EMPLOYEE STATUS 3
1.4.1 Regular Employee 3
1.4.2 Extra Employee 3
1.4.3 Probationary Employee 3
1.4.4 Promotion/Demotion 3
1.5 MANAGEMENT RIGHTS 3
SECTION 2 - UNION SECURITY 4
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2.1 UNION MEMBERSHIP 4
2.2 MAINTENANCE OF MEMBERSHIP 4
2.3 APPLICANTS FOR MEMBERSHIP 4
2.4 DUES CHECK-OFF 4
SECTION 3 - EMPLOYMENT 4
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3.1 NO DISCRIMINATION 4
3.2 HIRING CONSIDERATION 5
3.3 UNION NOTIFICATION 5
SECTION 4 - DISCHARGE 5
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4.1 PROHIBITION AGAINST DISCHARGE 5
4.2 NOTICE FROM INSURANCE CARRIER 5
4.3 RIGHT OF APPEAL 5
4.4 NOTIFICATION OF DISCHARGE 6
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SECTION 5 - HOURS 6
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5.1 HOURS OF OPERATION 6
5.2 POSTING REQUIREMENTS 6
5.3 SCHEDULE OF SHIFT 6
5.4 GUARANTEED WORKWEEK 6
5.5 EXTRA EMPLOYEES WORKWEEK 6
5.6 REGULAR WORKWEEK 7
5.7 ADDITIONAL SHIFTS 7
5.8 JOB AND SHIFT BIDDING 7
5.9 CALL BACK 7
5.10 MEAL PERIODS 7
5.11 REST PERIODS 7
SECTION 6 - OVERTIME 7
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6.1 OVERTIME PAY 7
6.2 DAILY OVERTIME 8
SECTION 7 - HOLIDAYS 8
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7.1 HOLIDAYS PAID 8
7.2 HOLIDAY PAY ELIGIBILITY 8
7.3 HOLIDAYS FALLING ON SATURDAY/SUNDAY 8
SECTION 8 - VACATIONS 9
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8.1 VACATION BENEFITS 9
8.1.1 First Year of Service 9
8.1.2 Third Year of Service 9
8.1.3 Fifth Year of Service 9
8.1.4 Sixteenth Year of Service 9
8.2 MULTIPLE WEEK VACATION SCHEDULES 9
8.3 SENIORITY APPLIES IN SELECTION OF VACATION SCHEDULES 9
8.3.1 Not Cumulative 9
8.4 PRORATED VACATION PAY UPON SEPARATION FROM EMPLOYMENT 9
8.4.1 First Six (6) Months 9
8.4.2 After Six (6) Months 9
8.4.3 After One (1) Year 10
8.4.4 After Two (2) Years 10
8.4.5 After Four (4) Years 10
8.4.6 After Fifteen (15) Years 10
8.5 PRORATED VACATION FORMULA FOR EMPLOYEES WORKING
LESS THAN A FULL YEAR 10
8.6 HOLIDAY DURING VACATION 10
SECTION 9 - LEAVES OF ABSENCE 10
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9.1 APPROVED LEAVE OF ABSENCE 10
9.2 UNION BUSINESS 10
9.3 NON-PAID FUNERAL LEAVE 10
9.4 FUNERAL LEAVE 11
9.4.1 Notification to Employer 11
9.4.2 Absence Occurs 11
9.4.3 Day of Absence 11
9.4.4 Proof of Relationship 11
9.4.5 Immediate Family 11
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PAGE
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SECTION 10 - WAGES 11
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10.1 NIGHT PREMIUMS 11
10.2 LEAD PERSON 11
10.3 MINIMUM WAGE INCREASE 11
10.4 RECORDS 11
10.5 WAGE INCREASES 11
10.6 JOB CLASSIFICATION STARTING RATES 12
10.7 PROMOTION - WAGE INCREASES 12
SECTION 1l - HEALTH AND WELFARE
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11.1 HEALTH AND WELFARE 12
11.1.1 Contribution Amount/Qualifying Hours 12
11.1.2 Maintenance of Benefits 12
11.1.3 Monthly Contribution Payment Date 12
11.1.4 Vacation, Holiday and Sick Leave Pay Counted 12
11.1.5 Loss of Eligibility Self-Payments 12
11.1.6 Death Benefit 13
11.2 DENTAL PLAN 13
11.2.1 Contribution Amount Qualifying Hours 13
11.2.2 Maintenance of Benefits 13
11.2.3 Monthly Contribution Payment Date 13
11.2.4 Vacation, Holiday and Sick Leave Pay Counted 13
11.2.5 Loss of Eligibility Self-Payments 13
11.3 VISION PLAN 13
11.3.1 Contribution Amount/Qualifying Hours 14
11.3.2 Maintenance of Benefits 14
11.3.3 Monthly Contribution Payment Date 14
11.3.4 Vacation, Holiday and Sick Leave Pay Counted 14
11.3.5 Loss of Eligibility Self-Payments 14
SECTION 12 - SICK LEAVE 14
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12.1 ELIGIBILITY 14
12.2 UNUSED SICK LEAVE PAY 14
12.3 INTEGRATION WITH WORKER'S COMPENSATION OR
UNEMPLOYMENT DISABILITY INSURANCE 15
12.4 PROOF OF ILLNESS 15
12.5 JOB INJURY 15
12.6 MEDICAL APPOINTMENTS 15
SECTION 13 - PENSIONS/RETIREMENT BENEFITS 15
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13.1 CONTRIBUTIONS 15
13.2 TERMINATION PRIOR TO YEAR-END 16
13.3 WAITING PERIOD 16
13.4 PREVIOUS PLAN 16
SECTION 14 - JURY DUTY 16
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14.1 JURY DUTY 16
SECTION 15 - GENERAL BENEFITS 16
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15.1 HEALTH/SAFETY EQUIPMENT & APPAREL 16
15.2 COMPUTING OVERTIME 16
15.3 COMPANY MEETINGS 16
15.4 NO REDUCTION 16
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SECTION 16- SENIORITY 17
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16.1 POSTING 17
16.2 ACQUISTION OF SENIORITY 17
16.3 TERMINATION OF SENIORITY 17
16.4 APPLICATION OF SENIORITY 17
16.5 LAYOFF/RECALL 17
16.6 NOTIFICATION OF RECALL 18
16.7 REPORTING AFTER RECALL 18
16.8 SENIORITY LIST 18
16.9 EFFECT OF LEAVE ON SENIORITY 18
SECTION 17- GRIEVANCE AND ARBITRATION 18
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17.1 GRIEVANCES 18
17.2 GRIEVANCE PROCEDURE 18
Step 1: 18
Step 2: 18
Step 3: 18
17.3 TIME LIMITS 19
17.4 ARBITRATION 19
17.5 ARBITRATOR'S LIMITATIONS 19
17.6 EXPENSES 19
17.7 STATUS QUO 19
17.8 FINAL AND BINDING 19
17.9 WAGE CLAIM LIMITS 20
SECTION 00- XXXXX XXXXXXX 20
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18.1 UNION VISITATION 20
18.2 UNION ACTIVITY 20
18.3 STEWARDS 20
18.4 BULLETIN BOARDS 20
SECTION 19-WORKING CONDITIONS AND SAFETY 20
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19.1 FIRST AID EQUIPMENT 20
19.2 GOVERNMENTAL REGULATIONS 20
19.3 INJURIOUS WORKING CONDITIONS 20
SECTION 20- JOB SECURITY 21
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20.1 NEW METHODS OF OPERATION 21
SECTION 21- SEPARABILITY 21
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21.1 PROVISIONS OF AGREEMENT 21
SECTION 22- TRANSFER OF OWNERSHIP 21
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22.1 SALE OR TRANSFER 21
22.2 CHANGE OF OWNERSHIP 21
SECTION 23- SAVINGS CLAUSE 21
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23.1 SAVINGS CLAUSE 21
SECTION 24- NO STRIKE OR LOCKOUT 22
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24.1 NO STRIKE OR LOCKOUT 22
24.2 72-HOUR NOTICE 22
SECTION 25- EXTENTION AND SCOPE 22
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25.1 EXTENSION AND SCOPE
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COLLECTIVE BARGAINING AGREEMENT
Between
Provena Foods Inc., d.b.a. Royal Angelus Macaroni Company
And
United Food & Commercial Workers Union Local 1428
October 2, 2000 Through September 29, 2002
PREAMBLE
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THIS AGREEMENT is made and entered into between PROVENA FOODS INC., d.b.a.,
ROYAL ANGELUS MACARONI CO., located at 0000 Xxxxxxxxxx Xxxxxx, Xxxxx, XX 00000,
hereinafter referred to as the "Employer" and UNITED FOOD AND COMMERCIAL WORKERS
UNION LOCAL 1428, chartered by the UNITED FOOD AND COMMERCIAL WORKERS
INTERNATIONAL UNION, AFL-CIO-CLC, hereinafter referred to as the "Union."
WITNESSETH
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In order to establish working conditions, which are fair and equitable to
the Employer and all Employees, the parties agree to the following:
"The parties to this Agreement recognize the competitive nature of the industry
and further agree that no Employee will be required to work hours in excess of
the working hours established in this Agreement."
SECTION 1 - RECOGNITION AND JURISDICTION
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1.1 UNION RECOGNITION. The Employer hereby recognizes the Union as the
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exclusive bargaining agent for all Employees employed in the classifications set
forth in Section 10 hereof working in the plant of the Employer located in
Chino, California, County of San Bernardino.
1.2 CLASSIFICATION DEFINITIONS. It is understood and agreed that the following
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groups of Employees shall be recognized as:
1.2.1 Mixer Operator. A Mixer Operator is responsible for all equipment
in the mixing room, and for transferring flour and running all equipment located
in the mixing room. The Mixer Operator will assist in the training and safety of
others assigned to this job. The Mixer Operator needs to know and understand the
general responsibilities as listed in the Employer job description.
1.2.2 Press Operator. A Press Operator is responsible for all equipment
and the operation of such equipment located in the Press Room. The Lead Press
Operator will be responsible for the training and safety of others assigned to
this job. The Press Operator needs to know and understand the general
responsibilities as listed in the Employer job description.
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1.2.3 Packing Operator. A Packing Operator is required to operate all of
the equipment in all areas of the Packing Department. He is responsible for all
products made on his machine, and will assist in the training of all the
Employees that are working on his machine. Each Packing Operator Employee needs
to know and understand the general responsibilities of this position as listed
in the Employer job description.
1.2.4 General Packer. A General Packer will be responsible for all tasks
performed in all areas of the Packing Department, except for the duties of a
Packing Operator. The General Packer may also be required to perform
miscellaneous labor as needed to assist in the operation throughout the plant as
long as Employees in that specific job class are not displaced. Each General
Packer Employee needs to know and understand the general responsibilities of
this position as listed in the Employer job description.
1.2.5 Maintenance Mechanic. These Employees will be considered non-
Bargaining unit.
1.2.6 Maintenance Helper. A Maintenance Helper is to maintain the overall
condition of the building, internal and external. Helping also in maintenance
areas as needed to maintain the operation and the performance of each piece of
production equipment, or any piece of equipment that affects the plant's
operation. Each Maintenance Helper Employee needs to know and understand the
general responsibilities of this position as listed in the Employer job
description.
1.2.7 Quality Control Employee. A Quality Control Employee is responsible
for enforcing such quality standards established by the Employer. A Quality
Control Employee needs to know and understand the general responsibilities of
this position as listed in the Employer job description.
1.2.8 Shipping/Receiving Employee. A Shipping/Receiving Employee is
responsible for the warehouse, and its total daily operation. A
Shipping/Receiving Employee will be responsible for all incoming and outgoing
shipments, loading and unloading of trucks as needed, driving and/or delivering
of orders as may be required, the stacking of product on pallets, and general
organizing of the warehouse area, product labeling and inventory as required,
and all other work related to the warehouse operation. The Shipping/Receiving
Employee position needs to know and understand the general responsibilities of
this position as listed in the Employer job description.
1.2.9 Sanitation Sanitor. A Sanitation Sanitor is responsible for the
cleaning of all areas inside and outside the plant. The Sanitation Sanitor may
also be required to perform miscellaneous labor as needed to assist in the
operation throughout the plant as long as Employees in that specific job class
are not displaced. The Sanitation Sanitor needs to know and understand the
general responsibilities of this position as listed in the Employer job
description.
1.2.10 Supervisors. Supervisors will not be part of the bargaining unit,
will not be required to join the Union, and will be permitted to perform
whatever work the Employer assigns; provided, however, that the total number of
Supervisors shall be limited to nine (9). The Employer agrees that the maximum
number of Supervisors per shift will be five (5).
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1.3 PERFORMANCE OF BARGAINING UNIT WORK. The Employer agrees that only
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Employees included in the bargaining unit shall perform any of the work coming
within the jurisdiction of this Agreement, provided, however, that non-
bargaining unit Employees may perform bargaining unit work, where necessary or
for emergencies beyond the control of the Employer or work in the instruction or
training of Employees and testing materials in production.
1.4 EMPLOYEE STATUS.
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1.4.1 Regular Employee. A regular Employee is one who has completed the
probationary period for all new Employees in accordance with Section 1.4.3
hereof.
1.4.2 Extra Employee. An Extra Employee is any Employee hired through an
Employment Agency either to relieve a Regular Employee or to supplement the
existing workforce. Extra Employees shall not be employed to displace Regular
Employees. An Extra Employee, who is employed for ninety (90) calendar days for
the Employer within a twelve (12) month period, shall become a Regular Employee
for the purposes of benefit eligibility and Union affiliation. Upon completion
of their ninety (90) day period, an Extra Employee will have completed their
probationary period. Extra Employees may be scheduled less than thirty-two (32)
hours per week. Regular Employees on layoff shall be hired first. No Extra
Employees will be hired when Regular Employees in the same classification are on
layoff or reduced in hours. It is agreed and understood that assignment of
Employees to work less than thirty-two (32) hours per week within the meaning of
this provision shall not operate to replace any existing Employees and, further,
the hiring of Employees to work less than thirty-two (32) hours per week shall
not be done for the purpose of permanently replacing full-time positions. In the
event of a reduction in force, those Employees regularly scheduled to work less
than thirty-two (32) hours per week shall be laid off prior to the layoff of any
Regular Employees.
1.4.3 Probationary Employee. The first sixty (60) calendar days of
employment shall be considered a trial period, during which time an Employee may
be terminated for any reason, and he/she shall have no recourse to the grievance
procedure set forth in this Agreement concerning such termination, provided,
however, such sixty (60) day period may be extended for an additional thirty
(30) days at the option of the Employer so long as prior notification, in
writing, is given to the Union and the Employee.
1.4.4 Promotion/Demotion. If an Employee is promoted to a higher
classification, the Employer shall have the right to demote said Employee during
the first sixty (60) calendar days from the date of promotion. Promotions shall
be done in accordance with Section 5.8 of this Agreement.
1.5 MANAGEMENT RIGHTS. The Employer shall have the right to the general
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management of all operations and the direction of the workforce, including, but
not limited to, the right to hire, transfer, promote, maintain discipline and
efficiency, layoff, establish new processes or use new equipment, establish
schedules of production, and to extend, limit or curtail its operations. Nothing
in this Agreement shall be construed, by any manner or means, to preclude the
subcontracting of work by the Employer or to require the Employer to perform
work at this plant, rather than elsewhere, so long as the rights specified
herein are not exercised in a manner inconsistent with this Agreement.
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SECTION 2 - UNION SECURITY
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2.1 UNION MEMBERSHIP. Every person performing work covered by this Agreement
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who is a member of the Union on the effective date of this Section, shall, as a
condition of employment or continued employment, remain a member of the Union.
Every person employed to perform work covered by this Agreement, shall, as a
condition of employment, be a member of the Union or shall, within a period of
thirty-one (31) days after the effective or execution date of this Agreement,
whichever is later, become a member of the Union.
2.2 MAINTENANCE OF MEMBERSHIP. The Employer shall discharge every person,
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who has failed to comply with the provisions of Subsection 2.1 above, at the end
of the workday during which notice of such non-compliance is received. The
Employer further agrees not to again employ or re-employ any person(s) so
discharged until he/she is a member of the Union; provided, however, in the
event that the Labor Management Relations Act, as amended, is applicable to this
Agreement, the provisions of this sentence of this Subsection 2.2 shall not be
applied until a final administrative or judicial decision has been rendered,
which would permit its application under the Act.
2.3 APPLICANTS FOR MEMBERSHIP. Membership in the Union shall be available to
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persons employed in work covered by this Agreement upon terms and qualifications
not more burdensome than those applicable generally to other applicants for such
membership.
2.4 DUES CHECK-OFF. The Employer agrees to deduct Initiation Fees and Union
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Dues from the wages of the Employees in the bargaining unit who provide the
Employer with a voluntary, written authorization for such deductions. Such
deductions, when authorized, shall be made from each weekly pay period and will
be transmitted to the office of UFCW Local 1428, no later than the twelfth
(12th) day of the month following the month in which such deductions were made.
The monthly deduction will be based on the number of weeks in that month at the
established weekly dues rate.
SECTION 3 - EMPLOYMENT
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3.1 NO DISCRIMINATION. The Employer shall have sole responsibility for and
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full freedom in the selection, employment, and discharge of persons employed or
to be employed in work covered by this Agreement, subject to the provisions of
this Agreement, provided that there shall be no discrimination because of
membership or non-membership in or participation or non-participation in the
activities of the Union. The Employer will not discharge or discriminate against
any Employee for upholding lawful Union principles such as serving as an officer
or other representative of the Union, soliciting membership in the Union,
wearing Union buttons, distributing Union literature, or attending Union
meetings provided that such activity does not interfere with his/her work. The
Employer will not discharge or discriminate against any Employee for falling or
refusing to purchase stock, bonds, securities, or any other interest in any
corporation, partnership or company.
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3.2 HIRING CONSIDERATION. In the hiring of new Employees, the Employer agrees
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that it will give equal consideration to all applicants, including those
referred by the Union. The Employer and the Union will not discriminate against
any Employee with regard to compensation or terms and conditions of employment
because of such individual's race, color, religion, sex, disability, age (to the
extent provided by law), or national origin; nor will they limit, segregate, or
classify Employees in any way to deprive any individual Employee of employment
opportunities because of their race, color, religion, sex, disability, age (to
the extent provided by law), or national origin. Any reference to the male
gender in this Agreement shall be in the generic sense and it shall refer
equally to either sex without discrimination, as provided above.
3.3 UNION NOTIFICATION. The Employer shall notify the Union within one (1)
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week of employment, the name, address, social security, rate of pay, and
classification of every such person employed in work covered by this Agreement,
together with the date of such employment and the location of the place or
prospective place of employment. Whenever a person is rejected for or discharged
from such work, the Employer shall, upon request of the Union, notify the Union
of the reason or reasons therefore. The notification required by this Subsection
shall be made, in writing, within forty-eight (48) hours after such request. Any
Employee hired shall report to the Union within thirty-one (31) days after the
date of employment to comply with their membership requirements.
SECTION 4 - DISCHARGE
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4.1 PROHIBITION AGAINST DISCHARGE. No Employee covered by this Agreement shall
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be suspended, demoted, or discharged without just and sufficient cause.
Discharge for failure to comply with Section 2 Union Security, Subsection 2.1 of
this Agreement shall be deemed a discharge for cause. Before an Employee is
suspended for more than three (3) days or discharged he/she shall receive
written warning of unsatisfactory conduct and a copy of such notice shall be
sent to the Union. Such written warning shall not be effective for suspension
actions for more than twelve (12) months. The Employee receiving such warning
shall be given reasonable opportunity to rectify or change such conduct. The
notice and warning required by this Subsection need not be given to Employees
disciplined for, but not limited to, any gross violation of reasonably
acceptable conduct. It is understood that effective the first date of this first
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Contract, all Employees' previous Warning Notices will not have any validity
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prospectively, except for the specific cases agreed upon during negotiations.
4.2 NOTICE FROM INSURANCE CARRIER. When an insurance carrier notifies the
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Employer that the firm's vehicle insurance is being cancelled because of a
driver's record of on-the-job driving on file with the California Department of
Motor Vehicles, that driver may be transferred to another job, if available,
where he/she shall have seniority as a new Employee or, if no job is available,
he/she may be laid off pending the result of the grievance procedure.
4.3 RIGHT OF APPEAL. Any Employee claiming unjust dismissal, demotion, or
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suspension shall make his/her claim therefor to the Union within ten (10)
working days of such dismissal, demotion, or suspension, and the Union will,
that day, notify the Employer by telephone and confirm in writing, otherwise no
action shall be taken by the Union. If after proper investigation by the Union
and the Employer, it has been found that an Employee has been disciplined
unjustly, he/she shall be reinstated with full rights and shall be paid his/her
wages for
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the period he/she was suspended, demoted, or dismissed. Investigation of any
claims shall be made within ten (10) days of the making of such complaint by the
Employee. Any dispute arising out of such suspension, demotion, or discharge
shall be processed under Section 17, Grievance and Arbitration of this
Agreement.
4.4 NOTIFICATION OF DISCHARGE. When an Employee is discharged, the Employer
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must give written notice to the Employee, stating the reasons for such
discharge, and the Union shall receive a copy of said notice. Where an Employee
is holding a second job, that Employee will notify the Employer, in writing, of
such job. A second job must not conflict with the Employee's performance at
Royal Angelus Macaroni Company.
SECTION 5 - HOURS
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5.1 HOURS OF OPERATION. The hours of operation of the Employer's facility
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shall be as hereunder provided and shall apply to all Employees of the Employer
covered herein. Hours worked in excess of eight (8) straight-time hours in a day
or in excess of forty (40) straight-time hours in any week shall be paid at one
and one-half(1-1/2) times the straight-time rate.
5.2 POSTING REQUIREMENT. All regular Employees shall have their schedule
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posted by Friday noon for the following workweek. It shall not be changed except
by reason of an act of God or other reason beyond the reasonable control of the
Employer. It is understood that the nature of the Employer's business has
unusual ebbs and flows, which may require flexibility with its production.
Because of the production demands, the Employer may require Employees to work
beyond their scheduled shift. Employees required to work beyond their scheduled
shift shall be notified no later than the end of their lunch period. The
schedule shall show the full name of the Employee, the starting times, the days
scheduled and the total hours for him/her during the following week, in ink or
typewritten
5.3 SCHEDULE OF SHIFT. All first shift hours shall be regularly scheduled to
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commence no earlier than 5:00 a.m., and no later than 10:00 a.m. The second
shift hours shall commence on or after 10:00 a.m., and no later than 5:00 p.m.
The third shift hours shall commence on or after 5:00 p.m. and before 5:00 a.m.
Night premiums will be paid in accordance with Section 10.1.
5.4 GUARANTEED WORKWEEK. Regular Employees shall be guaranteed payment for
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and expected to work eight (8) hours each day, thirty-two (32) hours for each
week, subject to the addition of all premium and overtime provisions, unless
such work ceases to be available by reason of an act of God or other reason
beyond the control of the Employer. All hours worked in the work week shall be
used in computing the minimum guarantee. Employees who work the minimum
guarantee of thirty-two (32) hours per week, four (4) eight (8) hour days, may
be required to work additional shifts of not less than four (4) hours, upon a
twelve (12) hour notice by their Supervisor.
5.5 EXTRA EMPLOYEES WORKWEEK. Extra Employees may be scheduled to work
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less than thirty-two (32) hours per week. Extra Employees scheduled to work less
than thirty-two (32) hours shall be scheduled, as work is available.
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5.6 REGULAR WORKWEEK. The regular workweek shall be Sunday through Saturday.
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5.7 ADDITIONAL SHIFTS. Employees called to work will be provided with a
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minimum of four (4) hours work or pay in lieu of work, such pay to start from
the hour the Employee is required to report for work, except in case of matters
beyond the control of the Employer. Employee's doing security inspection or
quality control shall be guaranteed a minimum of two (2) hours of work or pay in
lieu thereof.
5.8 JOB AND SHIFT BIDDING. If a position becomes available, Employees shall
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have the right to bid on job and shift assignments in the order of their
seniority and provided that they have the skills and ability. Selection for such
Bid will be at the Employer's discretion. An Employee, who is promoted to a
higher classification, may perform work in that higher classification at their
current rate of pay for up to two (2) weeks.
5.9 CALL BACK. An Employee called back to work within ten (10) hours from the
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end of his/her shift shall be paid at one and one-half (1-1/2) times his/her
applicable rate for the hours worked prior to the expiration of such hours. This
provision shall not apply when the Employee requests to work shifts with less
than ten (10) hours in between their last shift worked.
5.10 MEAL PERIODS. All Employees shall receive one-half (1/2) hour
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uninterrupted, unpaid meal period, which will be scheduled approximately in the
middle of the workday, but in no event shall an Employee work more than six (6)
hours before any meal period.
5.11 REST PERIODS. All Employees shall receive two (2), fifteen (15) minute
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rest periods in an eight (8) hour day. Employees working beyond ten (10) hours
in a day shall receive an additional ten (10) minute rest period. Employees
shall not leave their workstation prior to the "Break Signal" and shall be back
at their workstation by the sound of the "Break Signal".
SECTION 6 - OVERTIME
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6.1 OVERTIME PAY.
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6.1.1 All work in excess of eight (8) hours in one (1) day and all work in
excess of forty (40) hours in one (1) week shall be paid for at the overtime
rate, which shall be one and one-half (1-1/2) times the Employees regular
straight-time hourly rate of pay.
6.1.2 Employees shall be paid at one and one-half (1-1/2) times the
Employee's regular straight-time rate of pay for all work performed on the sixth
(6/th/) day of the Employee's workweek.
6.1.3 Where a full-time regular Employee scheduled to work more than six
(6) consecutive days in any combination of workweeks, said Employee shall
receive payment of one and one-half (1 & 1/2) their regular rate of pay for the
first eight (8) hours worked, on the seventh (7/th/) day. All time worked in
excess of eight (8) hours on said seventh (7/th/) day shall be paid at double
time, until such time as his/her consecutive days of work have been interrupted
by a pre-scheduled day off.
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6.1.4 All work performed in excess of twelve (12) hours in any one (1) day
shall be paid for at the overtime rate of two (2) times the Employee's regular
straight-time rate of pay.
6.1.5 There shall be no pyramiding of overtime under this Agreement.
6.1.6 Extra Employees will be given the preference, whenever possible to
avert overtime.
6.2 DAILY OVERTIME. Preference for overtime work shall be given to Employees
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performing the work prior to the expiration of the shift. Regular Employees will
receive preference for overtime work over Extra Employees. If additional
Employees are required, such overtime work shall be offered to Employees by
classification seniority within the department, then plant-wide, for those
Employees who possess the skills and ability to perform the work. The Employer
may require Employees to work overtime and will give notice to the Employees of
such requirement prior to the end of their meal period.
SECTION 7 - HOLIDAYS
7.1 HOLIDAYS PAID. The following holidays shall be recognized and observed
-------------
annually under this Agreement and eligible Employees, set forth in Subsection
7.2 below, shall receive eight (8) hours pay for said holidays, as if worked.
Employees working on these holidays shall be paid one and one-half(1 & 1/2)
times their hourly rate of pay, in addition to the eight (8) hours Holiday pay.
1. New Year's Day
2. President's Day
3. Memorial Day
4. Fourth of July
5. Labor Day
6. Thanksgiving Day
7. Day After Thanksgiving
8. Christmas Day
7.2 HOLIDAY PAY ELIGIBILITY. Non-probationary Employees working their
-----------------------
scheduled workday before and their scheduled workday after the holiday shall
receive pay for the holiday, except that any Employee, who is absent due to
illness or injury for a period not in excess of thirty (30) days, or death in
the immediate family and is, therefore, unable to work the scheduled workday
before and the scheduled workday after the holiday shall receive pay for the
holiday. Any regular Employee on temporary layoff, who worked any portion of the
week preceding, the week of, or the week following the holiday week, shall be
paid for the holiday, if temporary layoff has not and does not exceed three (3)
weeks.
7.3 HOLIDAYS FALLING ON SATURDAY/SUNDAY. When one of the above-enumerated
-----------------------------------
holidays falls on Sunday, then Monday shall be considered as the holiday. When
one of the above-enumerated holidays falls on Saturday, then Friday shall be
considered as the holiday.
8
SECTION 8 - VACATIONS
8.1 VACATION BENEFITS. All Regular Employees, who have been in the employ of
-----------------
the Employer for at least one (1) year shall be entitled to receive vacation
benefits as specified below. Employees going on vacation shall receive pay for
said vacation period prior to leaving on vacation.
8.1.1 First Year of Service: One (1) week-----Five (5) Days Vacation with
Pay.
8.1.2 Third Year of Service: Two (2) weeks----Ten (10) Days Vacation with
Pay.
8.1.3 Fifth Year of Service: Three (3) weeks---Fifteen (15) Days Vacation
with Pay.
8.1.4 Sixteenth Year of Service: Four (4) weeks--Twenty (20) Days Vacation
with Pay.
8.2 MULTIPLE WEEK VACATION SCHEDULES. Where an Employee is entitled to
--------------------------------
three (3) or more weeks of vacation, the Employee and the Employer may, if they
mutually agree, provide that two (2) weeks be taken at one time and the balance
taken at one other time during the year.
8.3 SENIORITY APPLIES IN SELECTION OF VACATION. The principal of seniority
------------------------------------------
shall be observed in the choice of vacation periods. The Employer shall issue
vacation selection forms to Employees by October 1/st/. Employees will complete
their vacation selection form by November 1/st/, and the Employer will post the
vacation schedules no later than December 1/st/. Employees who fail to select
their vacations by November 1st will be subject to assigned vacations by the
Employer. When the Employer assigns vacations to any Employee, said Employee
will receive at least two (2) weeks notice of such vacation assignment. Vacation
selection may be changed by mutual Agreement. Vacations may not be taken during
the Thanksgiving and Christmas holiday weeks. Vacation selection during other
holiday weeks throughout the year will be approved at the Employer's sole
discretion.
8.3.1 Not Cumulative. Vacations may not be cumulative from one year to
another.
8.4 PRORATED VACATION PAY UPON SEPARATION FROM EMPLOYMENT. Upon termination of
-----------------------------------------------------
employment or change of ownership of a plant, Employees shall receive prora xxx
vacation pay based on each full month worked since the Employee's last
anniversary date of employment; provided, however, vacation pay shall not be
paid during the first year of employment in cases of discharge for cause or
voluntary quit, except that on voluntary quits, where one (1) week's notice has
been given to the Employer, the Employee shall receive prorated vacation pay.
Employment Period Rate of Accrual
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8.4.1 First Six (6) Months None
8.4.2 After Six (6) Months 1/6 Week Per Month
9
8.4.3 After One (1) Year 1/12 Week Per Month
8.4.4 After Two (2) Years 1/6 Week Per Month
8.4.5 After Four (4) Years 1/4 Week Per Month
8.4.6 After Fifteen (15) Years 1/3 Week Per Month
8.5 PRORATED VACATION FORMULA FOR EMPLOYEES WORKING LESS THAN A FULL YEAR. An
---------------------------------------------------------------------
Employee shall receive full vacation pay at his/her regular weekly rate of pay,
if he/she works forty-two (42) weeks or more during his/her anniversary year. If
an Employee is ab sent for more than ten (10) weeks during his/her anniversary
year, he/she shall receive prorated vacation pay. Such prorated vacation pay
shall be computed by taking his/her gross earnings during his/her anniversary
year, divided by fifty-two (52), and multiplied by the number of weeks of
vacation to which the Employee is entitled, according to his/her length of
service. Calculation of vacation under this Subsection is permitted only on an
Employee's anniversary and is not to be used for incomplete years.
8.6 HOLIDAY DURING VACATION. When a holiday falls within the Employee's
-----------------------
vacation period, the Employee will receive pay in lieu of the holiday.
SECTION 9 - LEAVES OF ABSENCE
9.1 APPROVED LEAVE OF ABSENCE. The Employer may grant leaves of absence to
-------------------------
Employees based on the merit of the leave. Request and permission must be in
writing. An Employee, who fails to report for work at the end of a leave of
absence, shall terminate employment rights, except where the Employer has agreed
to extend the leave of absence. A fourteen (14) day leave of absence, without
pay, shall be allowed, where necessary, in order to care for necessary details
resulting from the death of a member of the Employee's immediate family, as
defined below. All leaves of absence granted in this Agreement shall be
considered as part of the continuous service with the Employer, subject to the
limitations outlined in Section 16 Seniority, Subsection 16.3 hereof. When a
personal leave of absence is granted to an Employee by the Employer, a written
notice shall be given to evidence such an arrangement. Employees shall use all
vacation time and personal holidays prior to the start of any leave of absence.
9.2 UNION BUSINESS. An Employee chosen by the Union to attend Union business
--------------
outside the plant shall, with permission of the Employer, shall be granted a
leave of absence without pay, not exceeding thirty (30) days. A request for such
leave of absence shall be made at least seven (7) working days prior to the
first (1st) day of absence, except that such notice need not be provided for
absences to attend Collective Bargaining negotiations.
9.3 NON-PAID FUNERAL LEAVE. In the event of a death of a person, other than
----------------------
those identified in this Section, the Employee shall be given one (1) day off
upon request, without pay, for the purpose of attending the funeral, unless the
number of requests for attendance at the funeral would unduly hamper the
operation of the Employer's business during the time of the funeral, in which
case, attendance at the funeral shall be granted on the basis of the order in
which the requests were made.
10
9.4 FUNERAL LEAVE. When a Regular Employee on the active payroll is absent from
-------------
work for the purpose of arranging or attending the funeral of a member of
his/her immediate family, as defined below, the Employer shall pay him/her for
eight (8) hours at his/her regular rate of pay for each day of such absence up
to a maximum of two (2) days provided:
9.4.1 Notification to Employer. The Employee notifies the Employer of
the purpose of his/her absence on the first day of such absence.
9.4.2 Absence Occurs. The absence occurs on the day during, which the
Employee would have worked.
9.4.3 Day of Absence. The day of absence is not later than the day of
such funeral, except where substantial travel time is required.
9.4.4 Proof of Relationship. The Employee, when requested, shall
furnish proof satisfactory to the Employer of the death, his/her
relationship to the deceased, the date of the funeral, the Employee's
actual attendance at such funeral.
9.4.5 Immediate Family. For the purpose of this Agreement, a member
of the immediate family means the Employee's spouse, child, mother, father,
sister, brother, mother-in-law, father-in-law, grandparents, grandchildren,
step-parents, and step-children.
SECTION 10. - WAGES
10.1 NIGHT PREMIUMS. All Employees shall receive a ($.35) premium on top of
--------------
their regular rate of pay for all hours worked after 6 p.m. and before 6
a.m.
10.2 LEAD PERSON. A Lead Person shall be paid a thirty ($.30) cent per hour
-----------
premium.
10.3 MINIMUM WAGE INCREASE. As it relates to the wage schedule in Article 10 of
---------------------
this Agreement, if the California "Minimum Wage" is increased, the Employer and
the Union will meet to discuss this change with the understanding that "starting
rates" will be maintained at fifteen ($.15) cents per hour above the new
California minimum wage. If this were to occur, it is also understood that the
difference in wages between the next higher job classification would not be more
than fifteen ($.15) cents per hour from the "new start rate".
10.4 RECORDS. The Employer agrees to keep records of time worked by all
-------
Employees in such a manner as is prescribed by the applicable provisions of the
Fair Labor Standards Act, whether or not that Act actually applies to the
Employer. The Employer shall maintain a timekeeping system for the purpose of
keeping accurate records of the hours worked by each Employee. Upon request, the
Employer shall permit the Union to examine the payroll records of the Employees
in the bargaining unit at reasonable times during the regularly scheduled
working hours.
10.5 WAGE INCREASES. All Employees will receive wage increases as follows:
--------------
. 30 cents per hour effective 10/2/00
. 20 cents per hour effective 10/1/01
. 20 cents per hour effective 4/1/02
11
10.6 JOB CLASSIFICATION STARTING RATES. Job Classification starting rates are as
---------------------------------
follows:
1. Packer $6.10 Per Hour
2. Machine Operator/Flour Mixer/Sanitation $6.35 Per Hour
3. Press Operator $6.60 Per Hour
4. Quality Control $6.85 Per Hour
5. Shipping/Receiving $7.50 Per Hour
6. Maintenance Helper $7.50 Per Hour
10.7 PROMOTION - WAGE INCREASES. When an Employee is promoted, he/she will
--------------------------
receive a twenty-five ($.25) cents per hour increase for each Job Classification
elevation.
SECTION 11. - HEALTH AND WELFARE
11.1 HEALTH AND WELFARE. Health and Welfare benefits for Employees are as
------------------
follows:
11.1.1 Contribution Amount/Qualifying Hours. For coverage effective
November 1, 2000, the Employer shall make monthly health and welfare
contribution payments to the UFCW Allied Trades Trust Fund in the amount of
$299.24 for each Regular Employee covered by this Agreement. For purposes
of determining eligibility hours worked for a month shall be used to
determine eligibility status two (2) months after the work month. For
example, hours worked in November (work month) will provide eligibility in
January (coverage month). A minimum of eighty (80) hours must be worked in
a work month to provide coverage in the coverage month.
11.1.2 Maintenance of Benefits. Effective on and after July 1, 2001,
it is understood and agreed that if the healthcare plan benefits cannot be
maintained at a cost of $299.24 per month, the Trustees shall be authorized
to increase the monthly payment up to a maximum often percent (10%) or
$29.92 per month, effective on or after July 1, 2002, the trustees shall be
authorized to increase the monthly payment up to a maximum of ten percent
(10%).
11.1.3 Monthly Contribution Payment Date. The monthly health and
welfare contribution payments shall be mailed to the Trust Fund on or
before the twentieth (2O/th/) day of each month following the work month.
11.1.4 Vacation, Holiday and Sick Leave Pay Counted. It is understood
that vacation and holiday pay and sick leave pay received in the month
shall be counted as hours worked for the purpose of determining whether a
contribution on behalf of an Employee is applicable under the eighty (80)
hours worked set forth in Subsection 11.1.1 above.
11.1.5 Loss of Eligibility Self-Payments. Federal Law mandates that
group plans provide individuals with the option of continuing their
medical, dental and vision coverage through self-payment of premiums, when
their coverage terminates under a Plan (COBRA).
12
11.1.6 Death Benefit. The Trust Fund will provide a death benefit for
each eligible Employee in the following amount:
. Term Life Insurance $10,000
The premium for this benefit will be $4.00 per month for each eligible
Employee and paid by the Employer.
11.2 DENTAL PLAN. Dental benefits for Employees are as follows:
-----------
11.2.1 Contribution Amount/Qualifying Hours. For coverage effective
November 1, 2000, the Employer shall make monthly dental contribution
payments to the UFCW Allied Trades Trust Fund in the amount of $33.00 for
each Regular Employee covered by this Agreement. For purposes of
determining eligibility hours worked for a month shall be used to determine
eligibility status two (2) months after the work month. For example, hours
worked in November (work month) will provide eligibility in January
(coverage month). A minimum of eighty (80) hours must be worked in a work
month to provide coverage in the coverage month.
11.2.2 Maintenance of Benefits. Effective on and after February 1,
2001, it is understood and agreed that if the Trustees of the Fund
determine that the dental plan benefits (Delta) cannot be maintained at a
cost of $33.00 per month, the Trustees shall be authorized to increase the
monthly payment up to a maximum of five percent (5%) or $1.65 per month.
Effective on and after July 1, 2002, the Trustees shall be authorized to
increase the monthly payment up to a maximum of five percent (5%).
11.2.3 Monthly Contribution Payment Date. The monthly payments shall
be mailed to the Trust Fund on or before the twentieth (20/th/) day of each
month following the work month. Such monthly payment shall provide an
eligible Employee and his/her eligible dependents with group dental
benefits under the Allied Trades Dental Plan (Delta) options.
11.2.4 Vacation, Holiday and Sick Leave Pay Counted. It is understood
that vacation and holiday pay and sick leave pay received in the month
shall be counted as hours worked for the purpose of determining whether a
contribution on behalf of an Employee is applicable under the eighty (80)
hours worked rule set forth in Subsection 11.2.1 above.
11.2.5 Loss of Eligibility Self-Payments. Federal Law mandates that
group plans provide individuals with the option of continuing their
medical, dental and vision coverage through self-payment of premiums, when
their coverage terminates under a Plan (COBRA).
11.3 VISION PLAN. Vision benefits for Employees are as follows:
-----------
13
11.3.1 Contribution Amount/Qualifying Hours. For coverage effective
November 1, 2000, the Employer shall make monthly vision contribution
payments to the UFCW Allied Trades Trust Fund in the amount of $8.51 for
each Regular Employee covered by this Agreement. For purposes of
determining eligibility hours worked for a month shall be used to determine
eligibility status two (2) months after the work month. For example, hours
worked in November (work month) will provide eligibility in January
(coverage month). A minimum of eighty (80) hours must be worked in a work
month to provide coverage in the coverage month.
11.3.2 Maintenance of Benefits. Effective on and after July 1, 2001,
it is understood and agreed that if the Trustees of the Fund determine that
the vision plan benefits cannot be maintained at a cost of $8.51 per month,
the Trustees shall be authorized to increase the monthly payment up to a
maximum of five percent (5%) or $.43 per month. Effective on and after July
1, 2002, the Trustees shall be authorized to increase the monthly payment
up to a maximum of five percent (5%).
11.3.3 Monthly Contribution Payment Date. The monthly health and
welfare contribution payments shall be mailed to the Trust Fund on or
before the twentieth (20/th/) day of each month following the work month.
11.3.4 Vacation, Holiday and Sick Leave Pay Counted. It is understood
that vacation and holiday pay and sick leave pay received in the month
shall be counted as hours worked for the purpose of determining whether a
contribution on behalf of an Employee is applicable under the eighty (80)
hours worked set forth in Subsection 11.3.1 above.
11.3.5 Loss of Eligibility Self-Payments. Federal Law mandates that
group plans provide individuals with the option of continuing their
medical, dental and vision coverage through self-payment of premiums, when
their coverage terminates under a Plan (COBRA).
SECTION 12. - SICK LEAVE
12.1 ELIGIBILITY. All Regular Employees, employed with the Employer for one (1)
-----------
year, shall be entitled to six (6) days/eight (8) hours per day sick leave with
pay. On each anniversary date of employment thereafter, he/she shall be entitled
to six (6) days of sick leave with pay. However, such sick leave benefits shall
not accumulate from year to year. Sick leave shall be payable at one-hundred
percent (100%) beginning with the second (2/nd/) working day of absence unless
hospitalized.
12.2 UNUSED SICK LEAVE PAY. For the Employee's second (2/nd/) and succeeding
---------------------
anniversary dates of employment, any unused sick leave to which an Employee may
be entitled shall be paid on the Employee's anniversary date of employment. The
pro rata payment of accumulated sick leave, since his last anniversary date,
shall not be paid to an Employee who quits or is discharged.
14
12.3 INTEGRATION WITH WORKER'S COMPENSATION OR UNEMPLOYMENT DISABILITY
-----------------------------------------------------------------
INSURANCE. An Employee who is collecting unemployment compensation disability
---------
benefits or worker's compensation temporary disability benefits, or both, shall
not receive sick and accident benefits as provided herein; provided, however, if
such unemployment compensation disability benefits or worker's compensation
temporary disability benefits, or both, are less than the amount of sick and
accident benefits provided herein for such period, such Employee shall receive
sick and accident benefits in addition to such unemployment compensation
disability benefits, or worker's compensation temporary disability benefits, or
both, in an amount sufficient to equal the amount of sick and accident benefits
he/she would have otherwise received as provided herein. All sickness and
accident benefit payments due under this Subsection shall be payable on the
Employee's regular pay period.
12.4 PROOF OF ILLNESS. The Employer shall reserve the right to request the
----------------
Employee to produce a medical doctor's certificate verifying the fact of such
illness. An Employee may be excused from the requirement to provide medical
verification of illness provided the following criteria are met:
12.4.1 The absence does not exceed two (2) days including any holiday,
which is the day before or after the day of absence.
12.4.2 The Employee calls his/her Supervisor no later than one (1) hour
before their starting time on the day of each absence stating the reasons for
the absence.
12.5 JOB INJURY. An Employee, who is injured on the job and does not complete
----------
that day's work, or is otherwise not permitted to return to work, shall receive
pay for the entire workday and such pay shall not be charged against sick leave
or accident leave, provided, the Employee is sent home or is otherwise not
permitted to work by a medical doctor, chiropractor, or osteopath, on the
approved list of the insurance carrier of the Employer.
12.6 MEDICAL APPOINTMENTS. Visits to the doctor or dentist shall not qualify the
--------------------
Employee for sick leave pay. Whenever possible, appointments by reason of
illness or non-compensable injury shall be made outside of working hours. Where
such appointments must be made during working hours, the Employee shall apply to
the Employer, in writing, at least two (2) working days prior to his/her
appointment date for unpaid time off to keep such an appointment. Time not
worked by an Employee because of visits to a doctor for an industrial injury
shall be paid by the Employer at the Employee's applicable rate of pay.
Emergency appointments shall not be subject to the two (2) day rule.
SECTION 13 - PENSIONS/RETIREMENT BENEFITS
13.1 CONTRIBUTIONS. Effective OCT. 2- (S.Z.) (X.X.) 2000, the Employer will
-------------
contribute the sum of one dollar and twenty-five cents ($1.25) per hour worked
or paid for, exclusive of overtime hours, for each individual employed under
this Agreement to an X.X.X. (Simplified Employee Pension). Contributions will be
made at year-end. The parties agree that the contributions to the X.X.X. shall
be made no later than January 31/st/ of the year following the earned credit.
15
13.2 TERMINATION PRIOR TO YEAR-END. The Employer agrees that in the event an
-----------------------------
Employee terminates anytime prior to year-end, he/she shall be eligible for
pension contributions earned and payable at year-end as per Subsection 13.1
above. For the purpose of this Subsection, each hour, other than overtime hours,
for which payment is made to an Employee, shall be deemed to be an hour worked.
13.3 WAITING PERIOD. Effective September 24, 2000, Pensions/Retirement benefits
--------------
contributions shall commence after ninety (90) days of employment. For the
purpose of the Subsection, each hour, other than overtime hours, for which
payment is made to an Employee, shall be deemed to be an hour worked.
13.4 PREVIOUS PLAN. Employees, who were on the payroll prior to the effective
-------------
date of this Collective Bargaining Agreement, and who were eligible to receive a
paid pension benefit (profit share) under the previous plan, will still receive
those monies they were entitled for all time prior to the commencement of the
$1.25 per hour X.X.X. contribution now in effect.
SECTION 14 - JURY DUTY
14.1 JURY DUTY. An Employee that is summoned for jury duty service will notify
---------
the Employer, by providing a copy of the summons, who will then assist that
Employee by scheduling him/her for time off for jury duty service. The Employer
will provide written confirmation that the Employee will not be compensated for
attending jury duty, which would cause that Employee a financial hardship, and
the absence of the Employee would also cause the Employer a production hardship
due to the nature of the business. The purpose for such letter is to attempt to
have the Employee excused from jury duty service.
SECTION 15 - GENERAL BENEFITS
15.1 HEALTH/SAFETY EQUIPMENT & APPAREL. Any health and safety equipment and
---------------------------------
apparel required by the Employer or by Good Manufacturing Practices (GMP) shall
be furnished free of cost to all Employees, who use them in the performance of
their work. The Employer shall be responsible for all costs associated with the
maintenance of all required equipment and apparel so long as they are treated
with care and not abuse.
15.2 COMPUTING OVERTIME. Paid absences from work, such as vacations, holidays,
------------------
and sick leave, shall be considered as time worked for the purpose of this
Agreement, but shall not be deemed as time worked for the purpose of computing
overtime.
15.3 COMPANY MEETINGS. Time spent in mandatory Company meetings called by the
----------------
Employer, before or after the day's work, shall be considered as time worked and
shall be paid for in accordance with the provisions of this Agreement.
15.4 NO REDUCTION. No Employee receiving wages above the minimum herein shall
------------
suffer any reduction in wages by reason of signing of this Agreement. The
Employer agrees that no Employee shall be compelled or allowed to enter into any
individual Contract or Agreement with his/her Employer concerning wages, hours
of work, and/or working conditions that provide benefits less than the terms and
provisions of this Agreement.
16
SECTION 16 - SENIORITY
16.1 POSTING. Where a higher-rated position becomes open, the Employer agrees
-------
to post notice of such job opening and further agrees to consider (up to three
(3) qualifying) Employees who apply for such opening, based upon their
seniority, attendance, attitude, and work performance. However, in order for an
Employee to be eligible for the job, application must be made, in writing,
within three (3) days following posting of the notice. Jobs will be posted
according to job title and as commonly known. Employees will be given a fair
trial for all jobs open in the unit. The Employer may promote Employees to Lead
Persons without jeopardizing their formal rating. The final selection would be
at the Employer's sole discretion.
16.2 ACQUISITION OF SENIORITY. There shall be a probationary period for an new
------------------------
Employees, during which time they may be discharged for any reason. Following
completion of such period, the Employee shall become a regular Employee for all
purposes under this Agreement; and his/her seniority shall date from the first
(1st) day of employment as a regular Employee. Seniority shall be applicable
among probationary Regular Employees as a group when an issue of seniority
arises between two (2) or more probationary Employees.
16.3 TERMINATION OF SENIORITY. Subject to the provisions of this Agreement,
------------------------
seniority shall be based upon continuous service with the Employer but no
Employee shall suffer loss of seniority unless he/she:
16.3.1 Quit.
16.3.2 Discharged.
16.3.3 Layoff is for a period of time equivalent to the Employee's
seniority, but in no event to exceed six (6) months.
16.3.4 Fails to return to work in accordance with the terms of a leave of
absence or when recalled after a layoff.
16.4 APPLICATION OF SENIORITY. Seniority shall be by classification throughout
------------------------
the Employer's plant, unless the Employer and the Union agree that seniority is
by classification within designated departments of the Employer's plant.
16.5 LAYOFF/RECALL. In the reduction of the number of Employees due to lack of
-------------
work, the last Employee hired in the classification shall be the first to be
laid off and, in recalling, the last Employee laid off in that classification
shall be the first recalled until the list of Employees previously laid off has
been exhausted. The Employer shall give written notice of layoff to the Employee
and the Employee shall provide the Employer with his/her current address and
telephone number at the time of layoff, and the Employee is to keep the Employer
advised of any change in address. The Employer agrees that the regular Employees
laid off and not terminated for cause, as defined in Section 4 - Discharge,
shall have seniority rights on layoffs and rehiring for extra and/or steady jobs
subsequently available with the Employer prior to the hiring of any new
Employees.
17
16.6 NOTIFICATION OF RECALL. When an Employee is recalled to return to work
----------------------
after layoff and he/she cannot be reached by telephone, the Employer shall
notify the Employee of such recall either by telegram or certified letter
addressed to his/her last known address appearing in the Employer's records and
a copy of such communication shall be sent to the Union.
16.7 REPORTING AFTER RECALL. When an Employee is recalled after layoff, he/she
----------------------
shall have three (3) business days to report after receipt of such recall. If
after three (3) days, such, telegram or certified letter is returned to the
Employer unclaimed or undeliverable, such Employee's seniority shall be
considered broken and all rights forfeited three (3) business days after the
date such telegram or certified letter would have been received.
16.8 SENIORITY LIST. A seniority list of all Employees in the bargaining unit
--------------
will be posted in the plant and a copy will be given to the Union. Such
seniority list shall be revised and brought up to date every six (6) months and
a revised copy shall be furnished to the Union.
16.9 EFFECT OF LEAVE ON SENIORITY. An Employee who accepts employment elsewhere
----------------------------
while on personal leave of absence from his/her Employer shall forfeit his/her
seniority rights and he/she shall be considered as a voluntary quit. When a
personal leave of absence is granted to an Employee by the Employer, written
notice shall be given to evidence such an arrangement. The Employer will abide
by the provisions of the Selective Service Act as amended and interpreted or
other applicable legislation governing reinstatement rights of Employees
entering service under such legislation.
SECTION 17 - GRIEVANCE AND ARBITRATION
17.1 GRIEVANCES. A grievance shall be defined as a matter of dispute, which
----------
arises over the interpretation, and application of any of the Sections of this
Agreement.
17.2 GRIEVANCE PROCEDURE. All grievance matters shall be handled promptly but
-------------------
without interference with production operations. To facilitate efficiency and
orderliness in this regard, the parties hereto have adopted the following
procedures. The Parties agree that their designated representatives at any stage
of this grievance and arbitration procedure shall have full authority to settle,
compromise, or withdraw any grievance.
Step 1: A grievance matter shall first be discussed between the Employee
------
and the Supervisor involved. The Employee, if he desires, may request the
assistance of a Union Xxxxxxx. If the matter is not resolved at this Step, then:
Step 2: The grievance matter shall be reduced to writing and referred to
------
an authorized representative of the Union who shall discuss the matter with the
Supervisor involved and the designated Company Representative. To avoid
unnecessary delays in resolving disputes, a written grievance must be presented
to the Employer within seven (7) working days of the alleged violation or such
grievance shall be deemed untimely and invalid. If the grievance matter cannot
be resolved at Step 2, then:
Step 3: A conference shall be arranged within seven (7) calendar days
------
involving the designated Company Representative and authorized representatives
of the Union. If a settlement
18
does not result from such conference, the grievance may, at the request of
either party, be referred to final and binding arbitration. If the grievance is
to be referred to arbitration, written notice of such intent shall be served on
the other party within twenty-one (21) calendar days of the Third Step meeting.
Prior to requesting a list of arbitrators, either party may request a meeting
for the purpose of reviewing facts and determining whether there exists a
compromise solution to the dispute.
17.2.1 No grievance shall be subject to arbitration unless it has been
processed through all the steps of the grievance procedure.
17.3 TIME LIMITS. All grievances and requests for arbitration not filed with
-----------
the Employer within the time limits specified in this Section, or as mutually
extended or waived, shall be barred for all purposes. The arbitrator shall not
have the authority to ignore or excuse any failure to comply with time limits
set forth in the Section no matter what reason is advanced for any such failure,
and any untimely grievance shall not be eligible for further consideration.
17.4 ARBITRATION. If the Employer and the Union are unable to agree upon an
-----------
impartial arbitrator, the parties will request a list of seven (7) arbitrators
from the American Arbitration Association, or from the Federal Mediation and
Conciliation Service. The parties shall then select an impartial arbitrator by
agreement or by alternate striking of names from the list.
17.5 ARBITRATOR'S LIMITATIONS. The jurisdiction and authority of the arbitrator
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and his opinion and award shall be confined exclusively to the interpretation
and application of the explicit provision or provisions of this Agreement at
issue between the Employer and the Union. The parties agree that the arbitrator
shall have no jurisdiction or authority to add to, subtract from, or alter in
any way the provisions of the Agreement; he shall have no jurisdiction or
authority to impose upon the Employer a limitation or obligation not explicitly
provided for in this Agreement; and he shall have no jurisdiction or authority
to infer any limitation upon the Employer from any provisions of this Agreement.
The arbitrator shall confine himself strictly to facts submitted in the hearing,
the evidence before him, and the express terms and specific provisions of this
Agreement.
17.6 EXPENSES. Only the fee of the arbitrator, court reporter, transcripts, and
--------
costs of a hearing room shall be borne equally by the parties. All other
expenses, such as expert witness fees, and other expenses not agreed to by both
parties, shall be borne by the party requesting same. Any expenses incurred at
the request of the arbitrator shall be borne equally by both parties.
Cancellation of a scheduled case which results in a cancellation fee from the
arbitrator will be the responsibility of the canceling party.
17.7 STATUS QUO. During the period of adjustments or arbitration as provided in
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this Section, the conditions in effect at the time of receipt of written notice
as specified above shall continue in effect pending final decision.
17.8 FINAL AND BINDING. The arbitrator's award shall be final and binding upon
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all parties.
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17.9 WAGE CLAIM LIMITS. Wage claims shall be limited for a maximum of a six (6)
-----------------
month period.
SECTION 18 - UNION AFFAIRS
18.1 UNION VISITATION. The authorized representative of the Union will be
----------------
permitted to enter and be accompanied by a Company Representative into the
Employer's facility during regular working hours, provided clearance is received
from upper management or their designated Representative. Such clearance shall
not be unreasonably denied. Whenever possible, the Union will give advance
notice of plant visits to the Employer. Such Union Representative will neither
collect dues nor interfere with any Employee at work. Upon request by the Union,
the Employer will arrange for the Employee and the Union Representative to meet
in private to discuss grievances or related matters.
18.2 UNION ACTIVITY. No Employee shall be discriminated against for membership
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in or legal activity on behalf of the Union.
18.3 STEWARDS. Stewards may be designated by the Union. The Employer recognizes
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the right of the Union to appoint one (1) xxxxxxx per shift within the plant,
and the Union will notify the Employer of those stewards. Upon two (2) weeks'
notice to the Employer, said xxxxxxx shall be scheduled one (1) day off to
attend an annual xxxxxxx'x educational conference. The responsibilities of the
Union stewards shall be designated by the Union and will be focused on Contract
enforcement and grievance procedures. The stewards will carry out their duties
with the least interference of the plant operation. The Union will select Union
Stewards, who will be able to communicate efficiently with the Union members,
management and the Union.
18.4 BULLETIN BOARDS. The Union shall provide a Bulletin Board in an area
---------------
frequented by the Employee's for the purpose of posting notices of official
Union business and other information.
SECTION 19 - WORKING CONDITIONS AND SAFETY
19.1 FIRST AID EQUIPMENT. The Employer shall be responsible for the
-------------------
installation and maintenance of first aid equipment, which shall readily and
conveniently be accessible to the Employees.
19.2 GOVERNMENTAL REGULATIONS. All sanitary and safety regulations of Federal,
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State and Local Governments shall prevail in all departments. Failure to follow
such regulations shall be considered insubordination subject to disciplinary
action.
19.3 INJURIOUS WORKING CONDITIONS. Working conditions which are injurious to
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the health and safety of the Employees shall be directed to the attention of the
Employer at which time the Employer shall immediately investigate the alleged
condition and take the necessary steps and measures to correct such condition if
found to be injurious. Any problems or concerns regarding health and safety
conditions will be reported to the Employer by the Employee or the Union
Representative, in writing.
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SECTION 20 - JOB SECURITY
20.1 NEW METHODS OF OPERATION. The parties to this Agreement have discussed new
------------------------
methods of operation and agree that both parties shall discuss the effects of
additional new methods of operation on job security of the Employees and will
work to that end. When a new method of operation becomes necessary or desirable,
the Employer will notify the Union. The Union shall discuss the effects on the
job security of the Employees and the parties will meet for that purpose. The
Employer agrees to delay layoffs caused by new methods of operation until at
least twenty-one (21) days subsequent to its notice to the Union of its
intention so that the parties have ample time to suggest methods of solving
layoff problems. The Employer shall furnish the Union facts and suggestions with
regard to jobs available in the Employer's plant and methods of solving layoffs.
SECTION 21 - SEPARABILITY
21.1 PROVISIONS OF AGREEMENT. The provisions of this Agreement are deemed to be
-----------------------
separable to the extent that if and when a court of last resort adjudges any
provision of this Agreement in its application between the Union and the
undersigned Employer to be in conflict with any law, such decision shall not
affect the validity of the remaining provisions of this Agreement, but such
remaining provisions shall continue in full force and effect, provided further,
that in the event any provision or provisions are so declared to be in conflict
with law, both parties shall meet within thirty (30) days for the purpose of
renegotiation and agreement on the provision or provisions so invalidated.
SECTION 22 - TRANSFER OF OWNERSHIP
22.1 SALE OR TRANSFER. In the event of sale or transfer of ownership of the
----------------
business of the Employer during the term of this Agreement, the Employer shall
give notice to the Union of the sale or other transfer. The Employer shall
further inform the new owner or transferee of the existence of the Agreement and
the provisions hereof.
22.2 CHANGE OF OWNERSHIP. In the event of change of ownership, the Employer
-------------------
shall immediately pay off all obligations, including accumulated wages, pro rata
of earned vacations, and accident contributions, which were accumulated prior to
the date of the change of ownership. In the event of a plant closing or sale
during the term of this Agreement, the parties agree to negotiate over the
effects, as they pertain to the Employees, of such closing or sale.
SECTION 23 - SAVINGS CLAUSE
23.1 SAVINGS CLAUSE. If any Contract provision may not be put into effect
--------------
because of applicable legislation, executive order, or regulations dealing with
wage or price stabilization, then such provision, or any part thereof, shall
become effective at such time, in such amounts, and for such periods as will be
permitted by law at any time during the life of this Agreement and any extension
thereof with prospective effect.
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SECTION 24 - NO STRIKE OR LOCKOUT
24.1 NO STRIKE OR LOCKOUT. During the term of this Agreement, there shall be no
--------------------
strike, sympathy strikes, picketing or lockouts pending or following any
decision by an arbitrator, nor shall there be a stoppage of work in violation of
any other provision of this Agreement. Nothing herein shall preclude the Union
or its members from honoring lawful picket lines or strikes during the term of
this Agreement.
24.2 72-HOUR NOTICE. The Union will give the Employer not less than seventy-two
--------------
(72) hour's notice in advance of any strike, stoppage, slowdown, or suspension
of work by the Union or its members. This provision shall be applicable in the
event an Employee or Employees refuse to cross a lawful picket line sanctioned
by the Food and Drug Council, UFCW, AFL-CIO-CLC.
SECTION 25 - EXTENSION AND SCOPE
25.1 EXTENSION AND SCOPE. This Agreement shall be binding upon the Heirs,
-------------------
Executors, Administrators, and Assigns of the parties hereto. This Agreement
shall remain in full force and effect from the October 2, 2000, to and including
September 29, 2002, and shall be automatically renewed from year to year
thereafter, unless either party, at least sixty (60) days prior to September 29,
2002, or at least sixty (60) days prior to September 29th of any succeeding
term, shall notify the other party, in writing, of its intention and desire to
change, modify, or terminate this Agreement.
25.2 CONTRACT REOPENED. In the event this Agreement is reopened pursuant to the
-----------------
provisions hereof and no agreement is reached within sixty (60) days of such
reopening, then nothing herein contained shall be construed to prevent the Union
from taking strike action or other economic action desired by it, or the
Employer the right to lockout.
FOR THE EMPLOYER: FOR THE UNION:
---------------- -------------
ROYAL ANGELUS MACARONI COMPANY UFCW LOCAL 1428
(PROVENA FOODS, INC.)
By: /s/ Xxxxx Xxxx By: /s/ Xxx Xxxxxxxx
--------------------------------- ----------------------
Director, Vice-President & General Manager President
Date: 9-27-00 Date 9-27-00
--------------------------------- ----------------------
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