Exhibit 10.9
AGREEMENT
between
FIVE STAR GROUP
and
LOCAL NO. 11, affiliated with
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
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December 14, 1997 through December 15, 2000
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TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
1 RECOGNITION 1
2 UNION SECURITY 1
3 CHECK-OFF 2
4 HOURS OF WORK, OVERTIME AND SHIFT PREMIUM 3
REPORT PAY 3
SHIFT DIFFERENTIAL 4
OVERTIME 4
RETURN FROM LAY-OFF AND/OR LEAVE OF
ABSENCE 4
5 PROBATIONARY PERIOD 4
6 SENIORITY 5
7 FORCE REDUCTION5
8 TRANSFERS 6
9 GRIEVANCE PROCEDURE AND ARBITRATION 6
10 PAYPRACTICE 7
11 DISCHARGE AND DISCIPLINARY MEASURES 8
12 HOLIDAYS 8
13 VACATIONS 9
14 MANAGEMENT RIGHTS 10
15 SHOP XXXXXXX 10
16 WELFARE BENEFITS 11
17 BEREAVEMENT PAY13
18 SAFETY AND HEALTH 13
19 UNION REPRESENTATION & VISITATION 14
20 SICK DAYS 14
21 LEAVE OF ABSENCE 15
MATERNITY LEAVE 15
FAILURE TO RETURN FROM LEAVE 15
22 JURY DUTY 15
23 TRUCK DRIVERS 15
WEEKEND WORK NOTICE 15
PYRAMIDING 16
24 WAGE RATES AND CLASSIFICATIONS 16
SUPPLEMENTAL BONUS 17
25 STRIKES OR LOCKOUTS 17
PROTECTION OF RIGHTS 17
PICKET LINES 17
STRUCK GOODS 17
ARTICLE SUBJECT PAGE
26 MISCELLANEOUS WORKING CONDITIONS 18
INDIVIDUAL AGREEMENTS 18
BULLETIN BOARD 18
MILITARY SERVICE 18
LIFE OF AGREEMENT 18
NON-DISCRIMINATION 18
SEPARATION OF EMPLOYMENT 18
PREVIOUS BENEFITS 18
LIE DETECTOR TEST 19
SEVERANCE PAY 19
WORK BY SUPERVISORS 19
TEAM GROUP PROGRAM 20
EMPLOYEES OF THE MONTH 20
27 EDUCATIONAL PROGRAM 20
28 JOB POSTING PROCEDURE 20
29 ESTABLISHING JOB DESCRIPTION AND
CLASSIFICATION ON NEW OR CHANGED JOBS 21
30 TEAMSTERS NATIONAL 401(k) PLAN 00
00 XXXXX 00
00 DURATION 23
THIS AGREEMENT made this 19th day of December, 1997, by and between
FIVE STAR GROUP, with its principal of f ice at 000 Xxxxxx Xxxx, Xxxx Xxxxxxx,
Xxx Xxxxxx 00000, and any other establishments within the State of New Jersey,
hereinafter referred to as the "EMPLOYER", and LOCAL NO. 11, affiliated with the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, located at 000 Xxxxxxx Xxxxxx, Xxxxx
Xxxxxxx, Xxx Xxxxxx, hereinafter referred to as the "UNION", and the respective
successors and assigns of the parties.
WITNESSETH:
WHEREAS, it is the intent and desire of the parties hereto to xxxxxx
and promote sound, stable and peaceful labor relations among the Employer, its
employees covered by this Agreement, and the Union.
WHEREAS, it is the further intent and desire of the parties to
establish harmonious relationships to the end that continuous and efficient
service will be rendered to the mutual benefit of the parties hereto.
NOW, THEREFORE, it is mutually agreed as follows:
ARTICLE 1. RECOGNITION
The Employer hereby recognizes the Union as the sole and exclusive
collective bargaining agent for all its production workers and drivers,
excluding all office and clerical employees, watchmen, guards, pricers,
supervisors, and professional employees as defined in the Labor Management
Relations Act of 1947.
ARTICLE 2. UNION SECURITY
Section 1. All present employees who are members of the Local Union on
the effective date of this subsection or on the date of execution of this
Agreement, whichever is the later, shall remain members of the Local Union in
good standing as a condition of employment. All present employees who are not
members of the Local Union and all employees who are hired hereafter shall
become and remain members in good standing of the Local Union as a condition of
employment on and after the 31st day following the beginning of their employment
or on and after the 31st day following the effective date of this subsection or
the date of this Agreement, whichever is the later. This provision shall be made
and become effective as of such time as it may be made and become effective
under the provisions of the National Labor Relations Act, but not retroactively.
Section 2. The failure of any person to become a member of the Union at
the required time shall obligate the Employer, upon written notice from the
Union to such effect and to the further effect that Union membership was
available to such person on the same terms and conditions generally available to
other members, to forthwith discharge such person. Further, the failure of any
person to maintain his Union membership in good standing as required herein
shall, upon written notice to the Employer by the Union to such effect, obligate
the Employer to discharge such person.
Section 3. In the event of any change in the law during the term of
this Agreement, the Employer agrees that the Union will be entitled to receive
the maximum Union security which may be lawfully permissible.
Section 4 No provision of this Article shall apply in any State to the
extent that it may be prohibited by State law. If under applicable State law
additional requirements must be met before any such provision may become
effective, such additional requirements shall first be met.
Section 5. If any provision of this Article is invalid under the law of
any State wherein this Agreement is executed, such provision shall be modified
to comply with the requirements of State law or shall be re-negotiated for the
purpose of adequate replacement.
ARTICLE 3. CHECK-OFF
Section 1. The Employer, after receipt of written authorization from
each employee, shall deduct the initiation fees and regular dues from each Union
member's pay check due to him or her on the first pay day of each month, and
shall transmit them, in alphabetical order, within a week, but not later than
the 15th of the month, to the Secretary-Treasurer of the Union. Any member who
does not receive a pay check on the first pay day of the month shall have these
deductions made from the first pay he receives in the month. Dues not already
deducted for the current month must be deducted from the last pay check of a
Union member when he leaves the employ of the Employer, or is discharged. The
Employer agrees to forward the full name and address of any employee for whom
initiation fee is deducted. The Employer agrees to notify the Union weekly when
members are discharged, granted leaves of absence, leave the employ of the
Employer for any reason whatsoever.
Section 2. In making the deductions and transmittal as above specified,
the Employer shall rely upon the most recent communication from the Union as to
the rate of regular monthly dues and the proper amount of initiation fees.
ARTICLE 4. HOURS OF WORK, OVERTIME AND SHIFT PREMIUM
Section 1. The normal work week may be from Monday to Friday, both
inclusive, and may be comprised of five (5) days of eight (8) hours each.
Section 2. All work performed in excess of forty (40) hours in any work
week shall be paid for at the rate of one and one-half (1-1/2) times the
employee's regular hourly rate. All time off with pay including holidays and
vacation days, under the terms of this agreement shall be considered as time
worked when calculating overtime. Any time the Employer fails to schedule a
worker in during the regular work week of forty (40) hours and days the plant
does not work because of bad weather, shall be considered as time worked for
calculating overtime.
Section 3. All work performed on Saturday shall be paid for at the rate
of one and one half (1-1/2) times the employee's regular hourly rate of pay.
Section 4. All work performed on Sunday shall be paid for at double
(2X) the employee's regular hourly rate of pay.
Section 5. All employees who work more than ten (10) continuous hours
shall be paid $2.50 as meal allowance, except when a meal is provided by the
Company.
Section 6. REPORT PAY - The Employer agrees that if an employee reports
for work or is permitted to come to work, without having been previously
notified that there will be no work, the employee shall receive four (4) hours
pay or four (4) hours work at the employee's regular hourly rate of pay. This
Section shall not apply where work is not available because of general
breakdown, power or heating failure, fire, storm, flood, Act of God, failure of
public utilities, labor dispute or other conditions beyond the control of the
Employer. Employees who do not keep the Personnel Manager informed of a
telephone number at which they can be reached or at which messages may be given
for them shall not be entitled to reporting pay.
Section 7. In the event an employee is called back to work after the
conclusion of his normal work shift, the employee will be entitled to a minimum
of four (4) hours work or four (4) hours pay. Employees will be paid one and one
half (1-1/2) times their regular rate of pay for all hours worked on call back.
Section 8. If the Employer starts a second or third shift, the Employer
agrees to negotiate same with the Union.
Section 8(a). Shift Differential - Employees scheduled to work on the
second shift shall be paid a shift differential of twenty five cents ($.25) per
hour for all hours worked by them.
Section 9. OVERTIME - A supervisor will declare overtime when it
appears the necessary work for that shift will not be completed. The procedure
will be for the supervisor to call for mandatory overtime and all employees on
that shift are expected to stay till the work is completed, or they may receive
permission to leave from a supervisor. Overtime will be enforced for all
employees on that shift with no preference given based on seniority or previous
overtime worked.
A. Overtime shall be distributed as equally as possible among employees
in the classification.
B. One overtime list shall be maintained in each overtime unit and
shift. Daily, Saturday and Sunday overtime will be recorded by the number of
overtime hours worked or refused to work.
C. If employee for any reason cannot work his turn, employee shall be
charged and credited with the same time as if the hours had actually been
worked by the employee.
D. Employee who accepts work on a premium day and does not report for
work, will be charged double the overtime hours the employee would have worked,
unless a good and sufficient cause is given for not reporting to work in the
opinion of management.
E. RETURN FROM LAY-OFF AND/OR LEAVE OF ABSENCE
Any employees returning to their seniority unit shall be charged with
the hours credited to them at the time of lay-off and/or leave of absence, plus
any hours they would have worked in the group in which they were qualified to
share overtime while they were out.
ARTICLE-5. PROBATIONARY PERIOD
The first thirty (30) days of employment for all new employees will be
considered as a probationary period and if they prove unsatisfactory, they may
be terminated at the discretion of the Employer during such period without
appeal by the Union. The Company, through its representatives, may request of
the Union, an extension for any additional thirty (30) day probationary period
in such instances where the Company believes the thirty (30) day probationary
period is insufficient, and in all cases where this request is reasonably
justified, the same will be granted.
ARTICLE 6. SENIORITY
Section 1. New employees retained beyond the probationary period shall
be considered steady employees and their names placed on the Seniority List and
their length of service with the Employer shall begin with the original date of
their employment. Such Seniority List shall be kept up to date with additions
and subtractions. A copy of the Seniority List shall be forwarded to the Union
office and a copy given to the Shop Xxxxxxx.
Section 2. Seniority shall cease under the following conditions:
a. When an employee quits or resigns his position.
b. When an employee is discharged for just cause.
c. When an employee is laid off for a period exceeding six (6) months.
d. When a laid off employee fails to return to work within three (3)
working days after receiving notice to return to work by
registered mail or telegram addressed to the last known address
of the employee. The failure of the employee to report for work
after such notification or to make arrangements with the Company
to report at an early date after furnishing reasonable grounds
for not reporting within the three (3) day period shall cause him
to be dropped from the seniority list.
Section 3. The Employer, when employees are permanently re-classified
and permanently transferred from one job site to another, shall be responsible
for submitting an updated seniority list and a current lay off list.
ARTICLE 7. FORCE REDUCTION
Section 1. The Employer agrees that it will not engage any new
employees in the plant unless all of the employees presently employed are
working the scheduled hours noted in this Agreement. This provision shall apply
only if said employees are capable of performing the work desired. All non-union
part-timers to be laid off before any full time employees.
Section 2. The Shop Xxxxxxx and the employees involved shall receive
twenty four (24) clock hours notice prior to any lay-off, however, this shall
not apply in cases of emergency. A list of employees to be laid off shall be
given to the Shop Xxxxxxx.
Section 3. In the reduction or restoration of the working force, the
rule to be followed shall be the length of service with the Employer, qualified
only by the ability and experience of the senior employee to perform the
available work in a normal or average manner. Seniority shall be applied within
the classification on a plant-wide basis.
section 4. An employee having a continuous service status who after
having been laid off is recalled to work and the job available to him on such
recall is a lower paid job than that held by him when he was laid off, may
refuse such a job without otherwise affecting his position on the continuous
service list.
ARTICLE 8. TRANSFERS
Section 1. The Employer shall have the right to transfer employees from
one job to another. Employees may not unjustifiably refuse to assist or work on
temporary assignments even though not part of their usual work or assignment, as
the business of the Employer requires.
Section 2. If an employee performs work in a higher rated
classification on a permanent basis said employee shall receive the higher rate
for all hours worked.
Section 3. A temporary transfer shall not exceed more than five (5)
days, except for vacation time and sick time.
Section 4. An employee who is permanently promoted to a higher rated
classification shall receive the higher rate of pay while in said higher
classification. However, if an employee is transferred back to his former
classification for just cause, he shall receive the maximum rate of pay for that
classification.
ARTICLE 9. GRIEVANCE PROCEDURE AND ARBITRATION
Section 1. PURPOSE - The purpose of this Article is to provide an
opportunity for discussion of any request or complaint and to establish a
procedure for the processing and settling of grievances, as defined in section
2.
Section 2. DEFINITION - A Grievance is hereby jointly defined to be any
controversy, complaint, misunderstanding and/or any difference between the
Employer and employees or Union as to the interpretation or application of or
compliance with this Agreement respecting wages, hours or conditions of
employment. Any dispute over whether a complaint is subject to these procedures
shall be handled as a Grievance in accordance with the procedures prescribed
herein.
Section 3. The Shop Xxxxxxx will have the right to take up with the
Employer, at all reasonable times, any grievances that may have been presented
to him in writing by the employees, within two (2) work days of occurrences, and
a serious effort will be made to adjust such grievance as quickly as possible by
successive steps as follows:
A. Within three (3) days after the grievance has been submitted, it
shall be taken up between the Shop Xxxxxxx, the aggrieved party and a supervisor
of the plant or such other Management employee as may be designated by the
Employer.
B. In case of failure to reach an agreement as to such grievance in
Step A, it shall be reviewed three (3) days thereafter at a conference between
representatives of the Employer and the Union. If such representatives of the
Union and the Employer shall agree upon a decision with respect to such
grievance, it shall be reduced to writing and signed by the representatives of
the Employer, the Union and the Shop Xxxxxxx, and copies thereof furnished to
both parties and the grievances shall be deemed to be finally settled.
C. In case of failure to reach an agreement as to such grievances in
Step B, it can be submitted for arbitration within ten (10) days thereafter.
Within five (5) work days after a decision is made to submit the grievance to
arbitration, the parties shall endeavor to select a mutually acceptable
Arbitrator and if no one is selected, either party may request a panel from the
New Jersey State Board of Mediation.
Section 4. The Arbitrator shall be selected from a list of names
requested from the New Jersey State Board of Mediation and the Arbitrator's
decision shall be final and binding on both parties. However, the Arbitrator
shall have no authority to alter, amend or otherwise depart from the terms and
provisions of this Agreement.
Section 5. Should any and all disputes or controversies arising under,
or in connection with the terms and provisions of this Agreement, or in respect
to anything not herein expressly provided for, but germane to the general
subject matter of this Agreement, and which difference cannot be adjusted by the
representatives of the Union and the Employer, the same shall be submitted to
arbitration. No strikes, lockouts, labor holidays, walkouts or slowdown shall
take place pending the decision by the Arbitrator.
Section 6. Arbitration costs shall be divided equally between the Union
and the Employer.
Section 7. However, before arbitration is requested, the Union and the
Employer shall make every effort to adjust the matter between themselves.
ARTICLE 10. PAY.PRACTICE
Section 1. The Company shall pay employees in the bargaining unit on a
weekly basis, every Friday.
Section 2. The Company shall make arrangements with a local bank,
whereby employees can cash their weekly check.
ARTICLE 11. DISCHARGE AND DISCIPLINARY MEASURES
Section 1. The Employer reserves the right to discharge or discipline
any regular employee for just cause. When an employee is discharged or
disciplined by the Employer, the Employer shall immediately give written notice
thereof to the Shop Xxxxxxx and the employee involved, giving the reason for the
discharge or discipline. A Shop Xxxxxxx must be present when an employee is
warned or disciplined.
Section 2. If an employee contends that discharge or discipline has
been unjust, such employee must make application for re-instatement by giving
notice thereof, in writing, to the Shop Xxxxxxx within three (3) working days
from the time of discharge or discipline, and the matter shall be adjusted in
accordance with the provisions under Grievance Procedure and Arbitration.
ARTICLE 12. HOLIDAYS
Section 1_ The Employer agrees to grant to all of its full time
employees within the bargaining unit the following holidays with full pay for
eight (8) hours, though no work is performed on such days:
New Year's Day Labor Day
Xxxxxx Xxxxxxxxxx'x Birthday Thanksgiving Day
Good Friday Day before Christmas Day
Memorial Day Christmas Day
Fourth of July Day before New Year's Day
One (1) Floating Holiday
Employees may choose Xxxxxx Xxxxxx Xxxx'x Birthday in lieu of one of
the floating holidays. Employer shall be given two weeks' notice of intent to
take a floating holiday. No floating holiday shall be taken in any week where
another holiday occurs.
Section 2. Employees who work on any of the before mentioned holidays
shall be compensated for all such work at one and one half (1-1/2) times the
employee's regular straight time rate of pay, in addition to receiving the
holiday pay provided in Section 1.
Section 3. Employees, in order to be eligible for holiday pay, must
work eight (8) hour work day immediately before and eight (8) hours immediately
after a holiday except that employees who are out due to illness or in a state
of lay-off within thirty (30) days before or after a holiday shall] be entitled
to the holiday pay, at the discretion of the Employer.
Section 4. All holidays stipulated above shall be guaranteed. If a
holiday falls on a Saturday or Sunday, it may be celebrated on the day preceding
or the Monday following such holiday.
Section 5. If a holiday falls within the vacation period of an
employee, the employee shall receive pay for same or time off if so desired by
employee, provided the employee informs the Employer prior to going on vacation
they wish the time off instead of pay.
ARTICLE-13. VACATIONS
Section 1. The Employer agrees to grant to all of its employees within
the bargaining unit vacations in accordance with the following schedule upon
completion of four weeks of employment.
Period of Employment Vacation Allowed one (1) year One (1) week
with pay Two (2) years Two (2) weeks with pay Nine (9) years
Three (3) weeks with pay Fifteen (15) years Four (4) weeks with
pay
Section 2. The fourth week may be scheduled separately from the first
three weeks, upon consultation between employee and Employer.
Section 3. Vacation period shall commence on January 1st of a given
year and end on the following December 31st.
Section 4. The Employer will endeavor to allot vacations upon a
seniority basis and the needs of the Employer.
Section 5. The Employer agrees that in the event an employee is laid
off or voluntarily leaves the employ of the Company before the vacation period,
he shall be compensated for any accrued vacation time that may be due him in
accordance with the above schedule. In the event that a laid-off employee is
called back to work before the vacation period starts, at the time of vacation
period, he shall be granted the difference between his accrued vacation pay and
whatever he had been paid at the time of the layoff. The vacation pay in such
instances shall be computed on a pro-rated basis of one twelfth (1/12) of each
month or part of a month worked.
Section 6. If during the employee's vacation period, a recognized
holiday occurs, he will receive an extra day of vacation with pay or in lieu
thereof, an extra day's pay at the straight time rate. The extra day of vacation
shall be taken in conjunction with the employee's regular scheduled vacation.
Whether an employee receives an extra day of paid vacation or an extra day's pay
in lieu thereof will be determined by the Company.
Section 7. The vacation schedule shall be posted by the Employer on
January 2nd of each year on the bulletin board and shall remain until April 15th
for employees to select vacation periods. All vacations must be selected by
April 15th. In preparing the final vacation schedules, the Employer shall
endeavor to assign vacations on the basis of seniority of its employees. The
Employer must post the final authorized vacation list by May 1st. Any employee
not requesting a specific vacation period by the April 15th removal date set
forth above shall take whatever weeks are still available.
ARTICLE 14. MANAGEMENT RIGHTS
Section 1. The Employer retains the exclusive right to hire, direct and
schedule the working force; to plan, direct and to control operations; to
discontinue, reorganize or combine any job, department or operation, to hire,
promote and lay off employees; to promulgate rules and regulations; to introduce
new or improved methods or facilities, and in all respects, to carry out the
ordinary functions of management.
Section 2. The Union, on behalf of the employees, agrees to cooperate
with the Employer to attain and maintain maximum efficiency and services and, in
that regard, the Union agrees to use all reasonable efforts to assure that each
employee performs a productive full day's work, to combat absenteeism, and to
strengthen good will among the Employer, the Union and the Public.
ARTICLE 15. SHOP XXXXXXX
Section 1. The Union may appoint one or more of their accredited
members to act as Shop Stewards. It shall be his duty to receive complaints, and
dispose of them in the manner provided under Grievance Procedure and
Arbitration. It is the intention of the parties hereto that the Xxxxxxx will, to
the best of his ability, attempt to carry out the terms, provisions and
intentions of this Agreement, and to that end will cooperate with management to
the fullest extent. It is understood and agreed, however, that the Xxxxxxx shall
have no authority of any kind save that given under this Agreement.
Section 2. The Shop Xxxxxxx shall not be discriminated against, because
of his faithful performance of duties as such.
Section 3. The authority of the Shop Xxxxxxx and Alternate so
designated by the Union shall be limited to, and shall not exceed the following
duties and activities:
A. The investigation and presentation of Grievances in accordance
with the provisions of the collective bargaining Agreement.
B. The transmission of such messages and information which shall
originate with, and are authorized by the Local Union or its
officers, provided such messages and information:
1. Have been reduced to writing, or
2. If not reduced to writing, are of a routine nature and do
not involve work stoppages, slowdowns, refusal to handle
goods or any other interference with the Employer's
business.
Section 4. Shop Stewards and Alternates have no authority to take
strike action, or any other action interrupting the Employer's business, except
as authorized by official action of the Union.
Section 5. The Employer shall have the authority to impose proper
discipline, including discharge, in the event the Shop Xxxxxxx has taken
unauthorized strike action, slowdown, or work stoppage in violation of the
Agreement.
Section 6. Stewards shall be permitted to investigate, present and
process Grievances on the property of the job site, without loss of time or pay,
provided the Shop Xxxxxxx does not interrupt production.
Section 7. The Shop Xxxxxxx shall have seniority preference for lay-off
purpose ONLY provided he can do the work.
ARTICLE 16. WELFARE BENEFITS
Section 1. Effective February 1, 1998, the Employer agrees to
contribute to Northern New Jersey Teamsters Benefit Plan the sum of Thirty Seven
Dollars ($37.00) per week for Single coverage and Ninety Three Dollars ($93.00)
per week for Family coverage for each employee in the bargaining unit, under the
Preferred Provider Organization (PPO), "Plan D111 and shall include
Prescription, Dental, Optical and Life Insurance. Such payments are to be made
for any employee covered by the terms of this Agreement and who has been
employed any part of the week. Such Fund is to continue to be administered in
accordance with the current Trust Agreement by an equal number of Employer and
Employee Trustees. The Employer hereby ratifies all of the acts of the Trustees
and further authorizes and agrees that the Trustees have the power to amend the
Trust Agreement in order to carry out all of the purposes authorized by law.
Section 1(a). The Employer further agrees to increase his weekly
contributions per employee to the amount listed below on the following dates:
Single/wk. Family/wk.
Effective February 1, 1999 $39.00 $ 97.00
Effective February 1, 2000 $42.00 $103.00
Section 2(a). The Employer hereby agrees to file appropriate
contribution reports as authorized by the Trustees of the Benefit Fund together
with the Employer contributions, as are required herein, and do so on or before
fifteen (15) days following the end of the month for which the payment is being
made.
Section 2(b). The Employer further agrees that should they fail to pay
their contributions to the Benefit Fund on or before the fifteen (15) days
mentioned in this Section, the Employer shall pay a penalty of twelve per cent
(12%) for each additional month or part of a month for which the Employer fails
to pay the contribution.
section 2(c). The Employer further agrees that contributions received
later than thirty (30) days following the end of the month for which the payment
is being made, shall be credited to the month immediately preceding the month in
which the payment is received.
Section 3. The Trustees shall have the right to expend monies as
provided by the Trust Agreement, to set aside and maintain a Reserve Fund, and
to establish additional benefits that are authorized by law. No employer or
employee covered by this Agreement, or the Union, shall have any right, title or
vested interest or claim against any of said Funds.
Section 4. The Employer hereby agrees to permit an authorized
representative of the Union, as well as an authorized representative of the
Benefit Fund to inspect its payroll records for the purpose of checking the
accuracy of the contributions required to be made by the Employer to said Fund.
If the Employer fails to make the contributions provided for herein within the
time required by this Agreement and the rules and regulations of the Benefit
Fund, then the Trustees may, in addition to any other remedies, cancel out the
insurance coverage for such employees on whose account the Employer has failed
to contribute, and if that occurs, the Employer shall be responsible to each of
such employees for any claims which may arise because of the loss of coverage.
Section 5. PENALTIES FOR FAILURE TO MAKE CONTRIBUTIONS: The failure of
the Employer to pay required contributions to the Benefit Fund shall authorize
the Trustees to conduct an audit of the Employer's records for the purpose of
determining the amount due the Benefit Fund. The Trustees may waive an audit and
select the highest number of employees appearing on any previous Employer's
report in computing the amount due the Fund from the Employer, and charge such
Employer with such amount, unless the Employer submits records to the contrary.
Section 6. LEGAL ACTION: In the event the Employer fails or refuses to
make contributions within the time provided for herein, then the Trustees of the
Benefit Fund are authorized to take any and all legal action, including
arbitration under the Arbitration Clause provided for in this Agreement for the
purpose of collecting the delinquency from the Employer. In the event the matter
is referred by the Trustees to an Attorney for legal action and suit or
arbitration is instituted ' then the Fund may have judgment entered based upon
the average number of employees reported by the Employer on any report filed by
him during the one (1) year period preceding the institution of arbitration or
Court action. In the event legal action is taken as provided for herein, the
Employer shall become responsible for the following:
a. A legal fee of twenty per cent (20%) of the gross amount due from the
Employer.
b. Cost of making an audit.
c. Interest at the rate of twelve per cent (12%) per annum of each monthly
delinquency.
d. All arbitration and court costs.
ARTICLE 17. BEREAVEMENT PAY
Section 1. Each employee who suffers a death in his immediate family
will be permitted to take time off as may be necessary for attendance at funeral
and mourning from the time the employee receives notice of death up to and
including the date of the funeral. He will be paid on the basis of his regular
hourly rate of such part of that time as he would otherwise have been regularly
scheduled for work, but not exceeding eight (8) hours in any one day or a
maximum of twenty-four (24) hours. Such time off will not be regarded as time
worked for the purpose of computing overtime.
Section 2. In the case of death in the immediate family of any employee
requiring the employee's absence from his regularly scheduled assignments, the
employee shall be granted a leave of absence of three (3) days, and shall be
paid for each scheduled day of such absence. The immediate family shall be
defined as parent, a spouse, child, brother, sister of any employee. One day's
absence with eight (8) hours pay for parent-in-law and grandparents.
ARTICLE 18. SAFETY AND HEALTH
Section 1. The Employer will maintain working conditions in accordance
with the health and safety provisions of both the Department of Health and the
Department of Safety of the State of New Jersey. All reasonable suggestions for
improvements will be considered and acted upon where practical when it involves
the health, safety, welfare, sanitary and working conditions of the employees.
Section 2. An employee who is injured while at work in an industrial
accident must promptly report such injury to their immediate supervisor. such
employee will be paid at their straight time hourly wage rate for all hours lost
while receiving medical attention on the day on which the injury occurred, and,
if as a result of such reported injury, they are unable to continue to work in
the opinion of the attending physician, they shall be paid for the balance of
their scheduled straight time hours for that day.
Section 3. All employees shall be trained in the use of safety
equipment and what must be done in an emergency.
Section 4. All truck drivers shall be given a complete physical once a year
at no cost to employees, if the I.C.C. request it.
Section 5. The Company shall continue to provide adequate locker room
and bathroom facilities for the safety and health of all employees.
ARTICLE 19. UNION REPRESENTATION & VISITATION
The officials or any authorized representative of the officials of the
Union shall have admission to the Employer's place of business for the purpose
of ascertaining whether or not this Agreement is being observed by the parties
hereto, or for assisting in the adjustment of grievances. The officials or
representatives of the Union in such cases shall notify the Employer upon their
arrival. The Union Delegate shall have access to the job sites providing he
gives the Employer reasonable notice so that arrangements can be made to allow
the delegate visitation on the job.
ARTICLE 20. SICK DAYS
Section 1. As of January 1 of any year, all employees who have been
employed for more than one (1) year shall be entitled to six (6) paid sick days,
based on one day for every two (2) months which shall be taken in that year.
However, the unused portion shall be paid no later than the 15th of December.
Section 2. Employees with less than one (1) year of service shall earn
sick days on the basis of one (1) sick day per two (2) months completed service,
until one year of service is earned. Then employee will be entitled to six (6)
paid sick days.
Section 3. Employees shall not abuse this provision. In such event, the
Employer may require substantiation of illness.
Section 4. If an employee is terminated or quits, Section 2 of this
Article shall become applicable with respect to payment of sick days, if the
employee has used more than his allotted number of sick days, the Employer shall
have the right to recover payment for such days out of the employee's remaining
pay.
ARTICLE 21. LEAVE OF ABSENCE
Section 1.- Any employee who desires a leave of absence for a period
not to exceed three (3) months due to personal or family emergency, may be
granted such leave without pay at the Employer's discretion and shall be without
loss of seniority. Such leave of absence must be requested in writing two (2)
weeks prior to the date on which the leave of absence is scheduled to begin and
must be obtained in writing from the Employer to be valid.
Section 2. MATERNITY LEAVE: Leave of absence for up to one (1) year or
less may be granted in cases of pregnancy. An employee returning to work after a
Maternity leave of absence must give the Employer a doctor's certificate showing
that she is physically capable of going back to her normal duties.
Section 3.- FAILURE TO RETURN FROM LEAVE: An employee granted leave
under this Article will be considered as having quit if employee does not return
to work at the end of the leave, or if the employee has taken a job elsewhere.
Exception to this is mentioned in Section 2 above.
ARTICLE 22. JURY DUTY PAY
Section 1. An employee who is called for Jury Duty shall be paid eight
(8) hours straight time pay for scheduled time lost less the daily jury fee
allowed by the court.
Section 2. In the matter of Jury Duty payment, the employee must submit
evidence as to Jury Duty requirement within the County of his residence. The
employee must submit evidence of his formal request to serve, and actual time
served. It is understood that the employee will be reimbursed only for the
actual time served on Jury Duty, less the Jury fee.
ARTICLE 23. TRUCK DRIVERS
The following provisions shall apply for those employees classified as
"Truck Drivers" only.
Section 1. WEEKEND WORK NOTICE - Whenever the Employer has advance
knowledge that weekend work will be required, notice of such work will be given
prior to 2:00 P.M. on Thursday, if possible.
Section 2. PYRAMIDING - There shall be no pyramiding of overtime or
premium pay for the same hours worked under any provision of this Agreement.
ARTICLE 24. WAGE RATES AND CLASSIFICATIONS
Section 1. New jobs or classifications may be established as considered
necessary by the Company, and the Union will be notified when such new jobs or
classifications are established. The rate for such new jobs is considered a
proper subject for negotiations between the Company and the Union.
Section 1(a). Classifications:
(Forklift Drivers, Checkers)
(Selectors, Packers, Loaders)
(Material Handlers, Receiving)
The Company, at its discretion, will grant merit raises to employees
who they feel are qualified. However, all jobs are to be interchangeable
depending on qualification without any mandatory wage differential.
Section 2. Effective December 15, 1997, each employee in the Warehouse
bargaining unit shall receive an increase of 3% per hour, and Truck Drivers
shall receive an increase of 4% per hour.
Section 3. Effective December 21, 1998, each employee in the Warehouse
bargaining unit shall receive an increase of 3% per hour, and Truck Drivers
shall receive an increase of 4% per hour
Section 4. Effective December 20, 1999, each employee in the Warehouse
bargaining unit shall receive an increase of 3% per hour, and Truck Drivers
shall receive an increase of 4% per hour.
Section 5. Employees will receive the rate for the classification in
which they are working immediately upon assuming the duties thereof.
A. An employee assigned to work in more than one classification
during his regular shift and who works four (4) or more hours at
the highest classification shall be paid for the full time
worked during such shift at the highest classification rate.
B. An employee assigned to work in more than one classification
during his regular shift and who works less than four (4) hours
at the highest classification shall be paid four (4) hours at
the highest classification rate and the balance of his hours
during that regular shift at the next highest classification
rate worked.
Section 6. SUPPLEMENTAL BONUS - The Employer agrees to pay to each
employee in the bargaining unit, who received pay for at least ten (10) days in
the previous month, a monthly supplemental bonus of nine dollars ($9.00), which
will be payable on the first pay day of each month. If the employee does not
receive a pay check on the first pay day of the month, the bonus will be paid on
the first pay he receives in the month.
ARTICLE 25. STRIKES OR LOCKOUTS
Section 1. There shall be no strikes, slowdowns, work stoppages, or
interruption of production. The Union agrees that it will not authorize,
instigate, aid, condone or ratify any such activity. The Company will not lock
out any of its employees. The Company retains the right to discharge or
otherwise discipline any employee who violates this provision; it being
understood that the question of whether an employee violated this provision may
be made the subject of the Grievance and Arbitration Procedure of this
Agreement.
Section 2. It is further agreed that in all cases of an unauthorized
strike, walkout, slowdown, or any other unauthorized cessation of work in
violation of this Agreement, the Union shall not be liable for damages
resulting from such unauthorized acts by its members.
Section 3. PROTECTION OF RIGHTS
A. Picket Lines - It shall not be a violation of this Agreement, and
it shall not be cause for discharge or disciplinary action in the event an
employee refuses to enter upon any property involved in a primary labor
dispute, or refuses to go through or work behind any primary picket line,
including the primary picket line of Unions party to this Agreement, and
including primary picket lines at the Employer's places of business.
B. Struck Goods - It shall not be a violation of this Agreement and it
shall not be a cause for discharge or disciplinary action if any employee
refuses to perform any service which his Employer undertakes to perform as an
ally of an Employer or person whose employees are on strike, and which service,
but for such strikes, would be performed by the employees of the Employer or
person on strike.
ARTICLE 26. MISCELLANEOUS WORKING CONDITIONS
Section 1. INDIVIDUAL AGREEMENTS - The Employer will not enter into any
other written or oral agreement with any employee or group of employees covered
by this Agreement which conflicts with the terms and provisions of this
Agreement.
Section 2. BULLETIN BOARD - The Employer agrees to provide a bulletin
board in a conspicuous place in the Employer's place of business for the posting
of notices pertaining to the Union and its members.
Section 3. MILITARY SERVICE - Any employee leaving the Company to join
the Armed Forces of the United States shall suffer no loss of seniority rights,
provided the employee complies with the re-employment conditions of the
Selective service and Training Act of 1951, as amended, or any other applicable
laws. The Employer agrees to pay an employee for all reasonable time involved in
reporting for a physical examination for Military Service.
Section 4. LIFE OF AGREEMENT - The Employer agrees that if he moves his
place of business during the life of this Agreement, said Agreement shall remain
in full force and effect.
Section 5. NON-DISCRIMINATION - In accordance with applicable law, the
Employer and the Union agree not to discriminate against any individual with
respect to hiring, compensation, terms or conditions of employment because of
such individual's race, color, religion, sex, national origin, pregnancy, or
age, nor will they limit, segregate or classify employees in any way to deprive
any individual employee of employment opportunities because of race, color,
religion, sex, national origin, pregnancy, or age.
A. The Company and the Union agree that there will be no discrimination
by the Company or the Union against any employee because of his or her
membership in the Union or because of any employee's lawful activity and/or
support of the Union.
B. The term "he" or "his" as used in this Agreement is not meant to be
discriminatory and shall apply equally to male and female employees.
Section 6. SEPARATION OF EMPLOYMENT - Upon discharge, the Employer
agrees to pay all money due to an employee. Upon quitting, the Employer shall
pay all money due to the employee on the pay day in the work week following such
quitting. Earned vacation time shall be included in such payment.
Section 7. PREVIOUS BENEFITS - It is mutually agreed that any and all
past practices and benefits in effect prior to this agreement shall be
maintained in addition to conditions contained in this Agreement.
Section 8. There shall be one (1) rest period of fifteen (15) minutes in
the morning. There shall also be one (1) ten (10) minute break in the afternoon,
if working a one half (1/2) lunch.
Section 9. LIE DETECTOR TEST - The Employer shall not require, request,
or suggest that an employee or applicant for employment take a polygraph or any
other form of lie detector test.
Section 10. SEVERANCE PAY - Should the Employer desire to or
voluntarily be forced to liquidate his business, he must notify the Union at
least thirty (30) days in advance and the employees shall be retained on the job
until liquidation is completed. In the event of such liquidation, severance pay
shall be paid to the employees in the following manner:
All employees shall receive severance pay at the rate of one (1) week
for each five (5) years of employment.
Any future place of business owned or operated by the Employer shall be
covered by this clause.
Section 11. The Union will be given a three (3) months notice prior to
a plant shutdown, if possible.
Section 12. The Company shall grant a five (5) minute wash up time
prior to quitting time.
Section 13. Anyone employed 20 hours or more shall be considered a
full-time employee.
Anyone employed under 20 hours shall be considered part-time employees.
All benefits in this agreement shall apply to part-time employees on a pro-rata
basis.
Section 14. Work rules promulgated by the Employer which have been in
effect at the Employer's premises and all new work rules promulgated by the
Employer and agreed to by the Union must be observed by all employees. Any
employee who violates these work rules is subjected to discharge in accordance
with the provisions of this contract.
Section 15. WORK BY SUPERVISORS - Non-bargaining unit employees shall
be permitted to perform work they customarily performed in the past or in an
emergency.
Section 16. Employees are required to be able to pick 45-55 lines per
hour.
Section 17. The Company will make available the following Bonus
Programs:
A. Team Group Program - The Company will continue merit raises based on
individual employee's job performance.
B. Employees of the Month - Every month the Company shall award four
(4) employees, based on performance, an extra day off with pay. Any unused days
shall be paid at the end of the year.
All employees are expected to participate in these Programs.
Section 18. The Employer shall provide uniforms for all truck drivers.
New drivers shall be entitled to uniforms after sixty (60) days of employment.
ARTICLE 27. EDUCATIONAL PROGRAM
The Employer agrees to contribute one cent ($.01) per hour to Teamster
Local 11 Educational Program for all hours an employee receives pay. Such Fund
is to be administered in accordance with the Local 11 Benefit Plan Trust
Agreement by an equal number of Employer and Employee Trustees.
ARTICLE 28. JOB POSTING PROCEDURE
Section 1. In the event of a vacancy, such vacancy shall be posted for
five (5) working days. The successful candidate's name will be posted on the
Board the day following the job award.
Section 1(a). The day of the posting shall be considered the first day.
The job posting shall have a brief description of the duties involved and the
rate range of the classification.
Section 1(b). Any employee interested in the job may sign the posting
and the senior employee shall be given the opportunity to fill the vacancy, if
qualified.
Section 2. An employee who successfully bids for a job shall have the
right to return to his previous job if he is removed or elects to give it up
within thirty (30) calendar days from the date of the award. The open job will
not be re-posted but will be filled by the next senior employee on the original
posting providing they have the necessary qualifications.
Section 3. An employee who completes thirty (30) calendar days trial
period on his successful bid shall give up all claim to his former
classification after the thirty (30) days trial except for layoff purposes and
seniority entitles him to the job.
Section 4. On all job bids for vacancies, in no instance will any job
vacancy bid for in this manner be left open for more than thirty (30) calendar
days.
Section 5. In reference to job postings vacancies, when the selection
is made, the Xxxxxxx will counter-sign to insure that the proper job posting
procedure was followed.
Section 6. A probationary who may bid for a vacancy shall have no claim
nor be eligible for said vacancy unless no employees on the seniority roster
have signed for the job.
ARTICLE 29. ESTABLISHING JOB DESCRIPTION AND CLASSIFICATION ON NEW OR
CHANGED JOBS
When and if the Company from time to time at its discretion establishes
a new job or changes the job content of a job, they shall be required to
establish a new job description and classification in accordance with the
following procedure:
1. They shall prepare the proposed job description and submit same to
the Union.
2. The Union will meet with the Company and promptly review the
proposed job description.
3. If the parties agree that the new job description accurately
describes the job and that there is a proper rate, a copy of the
new job change shall be forwarded to the Union.
4. If the parties cannot agree on the new job being accurately described, the
Employer shall:
a. Issue copies of the proposed description and classification to the
Union.
b. Install the proposed classification, and
C. Install the standard hourly rate of the job class to which the job is
thus assigned.
5. The Union shall be exclusively responsible for filing the Grievance
involving the inaccuracy of the description and/or classification of jobs.
Said Grievance shall be filed within seven (7) days after the installation
date of the job.
ARTICLE 30. TEAMSTERS NATIONAL 401M PLAN
Section 1. The Employer hereby agrees to participate in the
Teamsters-National 401(k) Savings Plan (the Plan) on behalf of all employees
represented for the purposes of collective bargaining under this agreement.
Section 2. The Employer will make or cause to be made payroll
deductions from participating employees' wages, in accordance with each
employee's salary deferral election subject to compliance with ERISA and the
relevant tax code provisions. The Employer will forward withheld sum to State
Street Bank or its successor at such time, in such form and manner as required
pursuant to the Plan and Declaration of Trust (Trust).
Section 3. The Employer will execute a Participation Agreement with
Local 11 and the Trustees of the Plan evidencing Employer participation in the
Plan effective prior to any employee deferral being received by the Plan.
Section 4. In addition, the Employer agrees to require the payroll
system to provide separate paycheck deductions so that the Plan may allow
participant loans. The Employer further agrees, at such time as it is
administratively feasible, to require the payroll system to provide separate
paycheck deductions so that the Plan may allow after-tax contributions.
ARTICLE 31. DRIVE
Section 1. The Employer agrees to deduct from the pay check of all
employees covered by this Agreement voluntary contributions to the Democrat
Republican Independent Voter Education (DRIVE). DRIVE shall notify the Employer
of the amounts designated by each contributing employee that are to be deducted
from his/her pay check on a weekly basis for all weeks worked. The phrase
"weeks worked" excludes any week other than a week in which the employee earned
a wage. The Employer shall remit to DRIVE National Headquarters, on a monthly
basis, in one check, the total amount deducted along with the name and social
security number of each employee on whose behalf a deduction is made, and the
amount deducted from the employee's pay check.
Section 2. The Union and DRIVE agree to indemnify the Employer and to
hold the Employer harmless for all monies which are deducted in accordance with
DRIVE instructions, and, which are disputed by the involved employee. The
Union, DRIVE, and the employee further agree that all disputed deductions are
to be resolved between the Union, DRIVE, and the employees themselves without
the involvement of the Employer.
ARTICLE 32. DURATION
This Agreement shall become effective on the 14th day of December,
1997, and shall remain in full force and effect until the 15th day of December,
2000, and shall automatically renew itself from year to year thereafter, unless
written notice of desire to modify or terminate is given by either party to the
other sixty (60) days prior to the expiration of this Agreement or any
subsequent annual period. If such notice is given, negotiations for a new
Agreement shall begin promptly, but not sooner than sixty (60) days prior to the
expiration of the then currant period and shall continue until a new agreement
is reached. During such negotiations, this Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the Employer and the Union have caused this
agreement to be executed by their duly authorized officers.
LOCAL NO. 11, affiliated with the
INTERNATIONAL BROTHERHOOD OF
FIVE STAR GROUP TEAMSTERS
BY:____________________________ BY:_____________________________
Xxxxxxx X. Grad, President Xxxxx XxXxxxxx, President
Xxx Xxxxx, Business Agent
COMMITTEE:
------------------------------ -----------------------------
------------------------------ -----------------------------
DRUG FREE WORKPLACE & REHABILITATION POLICY
STIPULATION OF AGREEMENT effective___________
X. Xxxxx Company and Teamsters Local #11 have agreed to establish and implement
a "Drug, Free Workplace & Rehabilitation Policy" for all present and future
employees as follows:
X. Xxxxx Company and Teamsters Local 11 recognize the need to commit to a drug
free workplace environment, and promote high standards of employee health and
safety.
In order to develop and enhance this objective into a measurable and workable
practice, the company has established, in full support and cooperation with
Teamsters Local #11, the following provisions as its Drug Free Workplace Policy
as provided for and according to applicable State and Federal law.
X. Xxxxx Company and Teamsters Local 11 encourages every employee to voluntarily
obtain treatment counseling and rehabilitation whenever he/she feels they have a
problem with alcohol and/or drugs.
All applicants who have been offered and accepted employment with X. Xxxxx
Company Must submit to and pass a drug screening test as partof a
pre-employment physical and as a condition of commencement of employment. If
initial and confirmatory tests are positive the offer of employment will be
withdrawn. The Company acknowledges that this paragraph has not been agreed to
by the Union; the Union acknowledges the Company's tight to engage in
pre-employment testing.
X. Xxxxx Company will also conduct testing for drugs or alcohol when has just
cause to believe that an individual is under the influence on drugs or
alcohol.
An employee who violates this Policy could be subject to termination
Specifically:
1. The use of, Possession, distribution, manufacture, and/or sale of alcohol
and/or illegal drugs, and/or controlled substances, during working hours, on
company property, on company business, and/or which utilizing company owned,
rented, or- leased property is strictly prohibited. Any employee who engages
in such conduct or activity in subject to corrective action up -to and
including termination
2. Employees that experience a job-related accident and/or injury requiring
doctor's treatment may be subject to a blood alcohol and, urine drug test.
A. Specimens for such tests may be taken by the treating physician at
the physician's medical facility, clinic, or hospital.
B. Specimens will be taken and conducted according to the chain of
custody" method and tested by a certified, independent laboratory (forensic
toxicology N.I.D.A. certified). Lab results will be quantitative and
qualitative. Additional confirmation testing may be done to confirm validity.
(Split test).
C. Initial and subsequent confirmation test levels for drugs will be
determined by N.I.D.A. standards, which are incorporated therein.
3. An employee's refusal or failure to take a test for sobriety and/or
drug use when required as provided for by this policy, may result in corrective
action up to and including termination.
4. Employees that test positive for drugs, controlled substances, and/or
alcohol, will be reprimanded with a five (5) work day suspension without pay; be
placed an twelve (12) months of probation; be required to enroll in a supervised
drug/alcohol rehabilitation program (and after care as determined by the
treating physician or certified agency). (Timing of such suspension can run
concurrent with rehabilitation upon mutual agreement of the Union and
Management.
A.l. Employees who fail to successfully complete the specified
supervised drug/alcohol rehab program (and after care) will be terminated.
A.2. Employees that fail to meet requirements of an after care program
will be terminated within the probationary period; inclusive to alcohol/drug
testing as specified in any after care commitment agreed to by the employee.
B.1. Employees that are dropped from the supervised rehabilitation
program for violation of the program requirements will be terminated.
B.2. Employees may be permitted to take a medical leave of absence for
the purpose of undergoing treatment pursuant to an approved supervised program
for alcoholism and/or drug use. Such leave request must be made before any lab
testing procedure or in advance of any disciplinary' action. A medical release
to return to work must be provided to the employer, and the employee is subject
to further conditions of this policy. Such medical leave of absence request must
be voluntarily made in writing and may be subject to the approval of Company
Management.
5. Employees that successfully complete the drug/alcohol rehab program
will be on twelve (12) months probation, and upon completion of probation, have
the appropriate reprimands removed from their personnel file.
December 18, 1997
Xx. Xxxxxxx Grad, President
Five Star Distributors
000 Xxxxxx Xxxx
X.X. Xxx 000
Xxxx Xxxxxxx, Xxx Xxxxxx 00000
Dear Mr. Grad:
As a follow up to our conversation on December 18, 1997, the Trustees
of the Northern New Jersey Teamsters Benefit Plan have been given new rates by
the Actuary to consider for all future contract negotiations. They are as
follows:
Single Family
1998 $37.00 per week $93.00 per week
1999 $39.00 per week $97.00 per week
2000 $42.00 per week $103.00 per week
As I have told you, these rates were rejected by the Board of Trustees
and the Actuary was requested to do a further study to ensure that the new rates
are, in fact, the best possible rate the Plan can offer.
With that in mind, your Company can consider these rates now, or until
a more favorable rate is issued, as the rate that would be negotiated in your
current contract. I hope this will be of some assistance to you in deciding to
accept the Northern New Jersey Teamsters Benefit Plan as your employees' health
provider.
Should you have any further questions, please feel free to contact me.
Very truly yours,
Xxxxx XxXxxxxx
President
PM/em
cc: Xxx Xxxxx, Bus. Agent
