EXHIBIT 10.6
AGREEMENT
BETWEEN
XXXXXXXXX FARMS, INC.
(MCCOMB PRODUCTION DIVISION)
AND
UNITED FOOD AND COMMERCIAL WORKERS,
LOCAL 1529, AFL-CIO
AFFILIATED WITH
UNITED FOOD AND COMMERCIAL WORKERS
INTERNATIONAL UNION, AFL-CIO
FEBRUARY 27, 2005 - DECEMBER 31, 2007
TABLE OF CONTENTS
ARTICLE PAGE
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1. AGREEMENT 1
2. RECOGNITION 1
3. MANAGEMENT RIGHTS 1
4. SHOP STEWARDS 2
5. UNION BULLETIN BOARD 2
6. NO STRIKE - NO LOCK OUT 2
7. GRIEVANCE PROCEDURE 3
8. ARBITRATION 4
9. SENIORITY 5
10. SENIORITY LIST 6
11. HOURS OF WORK 6
12. LEAVES OF ABSENCE 7
13. VACATIONS 8
14. HOLIDAYS 9
15. INSURANCE 10
16. PROFIT SHARING - RETIREMENT 10
17. WAGES 11
18. MISCELLANEOUS 11
19. NO DISCRIMINATION 12
20. COMPLETE AGREEMENT AND SEPARABILITY 12
21. CHECK-OFF 13
22. SUCCESSORSHIP 13
23. DURATION OF AGREEMENT 13
SIGNATURES 14
APPENDIX "A" WAGE SCHEDULE 15
ARTICLE 1.
AGREEMENT
Section 1.1. This Agreement made and entered into this 27th day of February,
2005, by and between XXXXXXXXX FARMS, INC. (McCOMB PRODUCTION DIVISION) at its
Fernwood, Mississippi feed mill (hereinafter referred to as "Company"), and
United Food and Commercial Workers, Local Union 1529, affiliated with United
Food and Commercial Workers International Union, AFL-CIO (hereinafter referred
to as the "Union"), representing the bargaining unit employees of the Company at
its Feed Mill at Fernwood, Mississippi as certified in NLRB Case No. 15-RC-8351.
Section 1.2. It is the intent and purpose of the Company and the Union to
promote and improve labor management relations between them and to set forth
herein the terms of agreement covering wages, hours, and conditions of
employment to be observed.
Section 1.3. In consideration of mutual agreements between the parties hereto,
and in consideration of their mutual desire in promoting efficient conduct in
business and providing for the orderly settlement of disputes between them, the
parties to this Agreement agree as follows:
Section 1.4. The Company agrees not to enter into any agreement or contract with
its employees covered by this Agreement, individually or collectively, which in
any way conflicts with the terms and provisions of this Agreement. Any such
agreement shall be null and void.
ARTICLE 2.
RECOGNITION
Section 2.1. The Company recognizes the Union as the certified bargaining
representative (NLRB Case No. 15-RC-8351) for all feed mill employees and truck
drivers at its Fernwood, Mississippi facility, excluding all guards, office
clericals, confidential employees and supervisors as defined in the Act.
ARTICLE 3.
MANAGEMENT RIGHTS
Section 3.1. Nothing in this Agreement shall be deemed to limit the Employer in
any way in the exercise of the customary functions of management which are
recognized as the Employer's exclusive responsibility, including, but not
limited to, the right to plan, direct, and control operations, to utilize the
services of contractors, to determine the number, size and location of its
establishments, to close an establishment or departments thereof, to hire, to
promote, to demote, and for proper cause to discipline, suspend or discharge, to
assign and schedule work and transfer employees from one job or department to
another, and to make and enforce reasonable rules and regulations relative to
any and all of these matters or to the management of its operation, provided
that the reasonableness of rules may be tested in the grievance procedure. The
Employer shall be the exclusive judge of all matters pertaining to its
operations and their scheduling and the methods, processes, equipment, means of
operation and size of workforce.
Section 3.2. The Employer retains all prerogatives and rights of management and
all privileges and responsibilities not specifically limited by this Agreement.
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Section 3.3. If the sub-contracting of work usually performed by bargaining unit
employees or partial or complete plant relocation will have the foreseeable
effect of causing the layoff of any unit employee, the Company will give notice
to the Union and the parties will negotiate on the effects of the layoff. It is
further understood that none of the provisions of this Article shall have the
effect to reduce or waive any rights of unit employees under the Worker
Adjustment and Retraining Notification Act (WARN).
ARTICLE 4.
SHOP STEWARDS
Section 4.1. The Company recognizes the Union's right to designate shop
stewards, not to exceed four (4) in number, two to a department and two per
shift. One xxxxxxx shall be designated chief xxxxxxx. Alternates may be
designated, but there shall be only one active xxxxxxx in a department during
each shift at any one time. The Union shall notify the Company in writing as to
the names of the stewards. Newly hired employees will be introduced to the
xxxxxxx in their department and shift on the first day of employment.
Section 4.2. A representative of the Union shall be permitted to enter the
Company's premises at reasonable times, provided such representative complies
with all safety requirements and does not interfere with the operations of
Company's business and shall make arrangements with the mill manager.
ARTICLE 5.
UNION BULLETIN BOARD
Section 5.1. The Company will provide a bulletin board in the break room for
posting union notices. All matters to be posted shall be of union matters such
as meeting notices, information pertaining to union business and must be on
union letterhead signed by a union representative.
ARTICLE 6.
NO STRIKE - NO LOCK OUT
Section 6.1. For the duration of this Agreement, there shall be no strikes,
stoppages, slowdowns, sympathy strikes, picketing, or other interruption of or
interference with Company's operations.
Section 6.2. The Company shall not lock out employees for the duration of this
Agreement.
Section 6.3. Neither the violation of any provisions of the Agreement, nor the
commission of any act constituting an unfair labor practice, or otherwise made
unlawful, shall excuse the employees, the Union, or the Company from their
obligations under the provisions of this Article.
Section 6.4. An employee discharged or otherwise disciplined for violation of
this Article, may seek review of such discipline through the grievance and
arbitration procedures provided herein. In this event, the only question to be
reviewed shall be whether or not the employee participated in the prohibited
conduct.
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ARTICLE 7.
GRIEVANCE PROCEDURE
Section 7.1. Grievances arising under this contract are herein defined as a
claim by a party to this Agreement or an employee covered by this Agreement that
the Company or the Union has violated a provision of this Agreement.
STEP 1
The employee shall discuss the grievance or complaint with the immediate
supervisor within five (5) working days after the event giving rise thereto
occurs, or within five (5) working days following the date on which the grievant
had or reasonably would have had knowledge thereof. In the event the employee so
requests, the appropriate xxxxxxx shall be present at this step. The supervisor
shall give an answer within five (5) working days after the grievance is
received.
STEP 2
If there is no settlement in Step 1, the grievance may be presented by the
employee and/or shop xxxxxxx within five (5) working days from the date on which
the supervisor's answer was given in Step 1. The grievance must be presented in
writing to the feed mill manager and must state the following information:
(a) name or names of employee or employees on whose behalf the grievance
is filed;
(b) the department or departments involved;
(c) the date and time of the occurrence or discovery of the grievance;
(d) the facts of the incident on which the claim is based;
(e) the specific provision of this Agreement alleged to have been
violated;
(f) the remedy requested.
The feed mill manager shall give the Company's answer in writing within five (5)
working days after the grievance is received by the feed mill manager. The
absence of one or more of the above issues shall not prevent consideration of
the grievance.
STEP 3
In the event the grievance is not settled in Step 2, then the grievance
may be appealed in writing to the division manager or a designated
representative by the Union to Step 3 within five (5) working days from the
Company's answer in Step 2. The division manager or a designated representative
shall give an answer in writing within five (5) working days from the date of
the appeal. In the event the grievance is not settled then the aggrieved party
or parties shall have the right to request arbitration.
In the event a grievance arises on behalf of the Company, the matter shall
be presented to the Union Business Agent in writing, who shall have seven (7)
days from the date of submission within which to endeavor to reconcile the
grievance presented and shall give an answer in writing within that time. If not
settled within that time, the aggrieved party or parties shall have the right to
request arbitration.
Section 7.2. Discharge grievances shall be processed initially under Step 3 of
the grievance procedure. The written grievance shall be filed with the division
manager within five (5) working days following the date of discharge.
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Section 7.3. A failure to observe the time limit specified herein for original
presentation of a grievance or presentation in any subsequent step of the
grievance procedure on the part of either the grievant or the Union shall be
conclusive evidence that the grievance has been settled and abandoned.
Failure on the part of the Company to comply with the time limits for
delivering its answer in any step of the grievance procedure shall automatically
advance the grievance to the next step of the grievance procedure.
The time limits of the grievance procedure may be extended by mutual
consent of the Union and the Company.
Section 7.4. The term "working days," under this Article, shall not include
Saturdays, Sundays, or holidays.
Section 7.5. The Executive Board of the Union shall have the right to determine
whether or not an employee's grievance is qualified to be submitted to
arbitration by the Union.
ARTICLE 8.
ARBITRATION
Section 8.1. If a party to this Agreement desires to take a grievance to
arbitration, it shall within fifteen (15) calendar days after the denial of the
grievance, give written notice of his intention to the other party, together
with a written statement of the specific provision or provisions of this
Agreement at issue. If the matter is not scheduled with an arbitrator within 120
days after the Union's expression of its intent to arbitrate, the grievance
shall be deemed waived and settled on the basis of the Company's last answer
unless the reason for the delay is beyond the control of the Union, including,
but not limited to, delay caused by the Federal Mediation and Conciliation
Service or a timely employee appeal of a refusal to arbitrate by the Union which
cannot be acted upon by the Executive Board within the deadline.
Section 8.2. The parties shall attempt to select an impartial arbitrator. If
they are unable to agree upon a choice within seven (7) calendar days after the
receipt of Notice of Intent to Arbitrate, either party may request the Federal
Mediation and Conciliation Service to submit a list of seven (7) arbitrators,
from which the arbitrator will be selected. Selection shall be made by the
parties alternately striking any name from the list (the first to strike shall
alternate from grievance to grievance) until only one (1) name remains. The
final name remaining shall be the arbitrator of the grievance.
Section 8.3. The jurisdiction and the decision of the arbitrator of the
grievance shall be confined to a determination of the facts and the
interpretation or application of the specific provision or provisions of this
Agreement at issue. The Arbitrator shall be bound by terms and provisions of the
Agreement and shall have the authority to consider only grievances representing
solely an arbitration issue under this Agreement. The arbitrator shall have no
authority to add to, alter, amend, or modify any provision of this Agreement.
The decision of the arbitrator in writing on any issue properly before the
arbitrator in accordance with the provisions of this Agreement shall be final
and binding on the aggrieved employee or employees, the Union, and the Company.
Section 8.4. Multiple grievances shall not be heard before one arbitrator at the
same hearing except by mutual agreement of the parties.
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Section 8.5. The Union and the Company shall each bear its own costs in these
arbitration proceedings, except that they shall share equally the fee and other
expenses of the arbitrator in connection with the grievance.
ARTICLE 9.
SENIORITY
Section 9.1. Seniority is defined as the length of an employee's continuous
employment in the bargaining unit at the Company's Fernwood, Mississippi feed
mill since the last permanent date of employment. For those employed on the date
of this Agreement, this shall include all continuous service with the Company.
Section 9.2. All newly hired or rehired employees shall be considered as
probationary employees for a period of ninety (90) days during which period they
shall not acquire seniority, and during which they may be discharged without
recourse to the grievance and arbitration procedures provided herein. If
retained as a regular employee upon satisfactory completion of the probationary
period, seniority shall be retroactive to the first day of employment.
Section 9.3. In matters of promotion, consideration will be given to an
employee's skill, ability, attendance, and seniority; and when the factors other
than seniority are relatively equal, seniority will be the deciding factor. In
layoffs and recalls, seniority will prevail, provided the employees involved are
relatively equal in ability and fitness to immediately perform the available
work. Probationary employees will be the first employees to be laid off,
provided only that employees retained are qualified to do the work.
Section 9.4. An employee's seniority shall be lost and employment considered
terminated by:
(a) discharge for just cause;
(b) failure to return from layoff within five (5) working days after
written notice by certified mail is sent by the Company to the
employee's last known address on the Company's books. Actual notice
to the employee of recall by any other means shall satisfy the terms
of this provision;
(c) voluntary termination of employment;
(d) failure to report after termination of a leave of absence approved
by the Company in writing on the first scheduled day following the
expiration of such leave of absence;
(e) engaging in a gainful occupation while on leave of absence;
(f) absence from work for three (3) consecutive working days without
notice to the Company, which shall be considered as a voluntary
quit, unless notice was prevented by a cause beyond the control of
the employee;
(g) separation from the Company's active payroll for any reason,
exclusive of leaves of absence approved by the Company, for a period
exceeding an employee's length of service in the Fernwood feed mill,
or three (3) months, whichever is less.
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Section 9.5. For the purposes of this Agreement, layoffs shall be classified as
(a) "short term" and (b) "long term". A short-term layoff is a layoff, which
will not exceed ten (10) workdays in length. Short-term layoffs may be made
without regard to seniority. A long-term layoff is a layoff, which will exceed
ten (10) workdays in length. Long-term layoffs shall be made subject to Section
3 of this Article.
Section 9.6. All permanent job vacancies in premium rated classifications in the
feed mill shall be posted for three (3) consecutive working days on the feed
mill bulletin board. Employees in lower rated classifications desiring promotion
to such jobs shall sign a bid sheet posted on the bulletin board. An employee
who does not sign such bid sheet shall have no right to consideration for the
vacancy. However, the fact that an employee did not sign the bid sheet will not
preclude that employee's selection for the job by the Company if none of the
signers is determined to be qualified. If no qualified employee bids on the
posted position, the Company may fill the position in its discretion. If, after
a reasonable period not to exceed thirty (30) days, the employee selected for
the posted position achieves an acceptable level of performance, the employee
shall receive the rate of the new position. If the employee fails to perform in
an acceptable manner, such employee shall return to a job in their former
classification, and the premium job shall be posted again. An employee who
self-disqualifies shall not be eligible for bidding on a premium job for a
period of six (6) months.
ARTICLE 10.
SENIORITY LIST
Section 10.1. Upon request at any reasonable time, the Company shall furnish to
the Union a current seniority list. The list shall be seniority by department
and shall include social security number, date of hire, rate of pay, current
address, telephone number, and first and last names.
ARTICLE 11.
HOURS OF WORK
Section 11.1. The regular work week shall consist of five (5) days or forty (40)
hours. This shall not be construed as a guarantee of any amount of hours or
work. The basic work week shall be the seven (7) day period from 12:01 a.m.
Sunday until midnight the following Saturday. Employees will be given at least
one (1) calendar week's notice of any change by the Company of the payroll week.
Section 11.2. An employee who works more than forty (40) hours in any one week
shall be paid at time and one-half the computed regular rate of pay for all
hours in excess of forty (40).
Section 11.3. When employees are called to work a shift outside their regularly
scheduled shift and report for work, or when they report to work at their
regularly scheduled time, they shall be given the opportunity to work a minimum
of three (3) hours or receive pay for same at the applicable hourly rate, except
that no such pay shall be made when the plant cannot operate for reasons beyond
the control of the Company, such as, but not limited to, strikes, utility
failure, fire, flood, storms or other acts of God interfering with work, or a
breakdown of machinery or equipment when the Company notifies the employees not
to report to work at least four (4) hours prior to the scheduled time to work.
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Section 11.4. When Saturday work will be required, employees shall be notified
by the beginning of first shift on the Friday immediately preceding the Saturday
work, or as soon as the Company knows such work will be required.
Section 11.5. Call in schedules for the weekend will be posted and rotated among
all drivers on a weekly basis. Each week there will be 2 (two) drivers on the
posted list. The first driver listed must call the Feed Mill by approximately
9:00 a.m. At this time, he will be advised of whether there are any loads to be
delivered. The second driver on the list must call the Feed Mill by
approximately 9:05 a.m. At this time, he will be advised of whether there are
any loads to be delivered. If there are no loads to be delivered when the
drivers call in, there will be no further requirement to call in by these
drivers for the day.
ARTICLE 12.
LEAVES OF ABSENCE
Section 12.1. An employee who has completed the probationary period may be
granted, at the Company's discretion, a leave of absence without pay for a
reasonable period of time, not to exceed one (1) month, for the following
reasons:
(a) emergency personal business; and
(b) Union business, upon written request by the Union's Representative,
provided that no more than three (3) employees shall be on such
leave simultaneously.
Section 12.2. Employees who have completed their probationary period are
eligible for up to thirteen (13) weeks per year of unpaid family and medical
treatment leave for the following reasons:
(a) Employee's serious health condition -- a medical certification will
be required which states that the employee is unable to perform the
functions of the employee's position.
(b) Family serious health condition -- spouse, parent, or child. A
medical certification will be required stating the employee is
"needed to care for the individual."
(c) New child leave -- the birth, adoption or xxxxxx care placement by a
state agency of a child, and, the need to care for the child; such
leave may be prior to the actual birth or placement.
The provisions of this Section shall be administered in accordance with
the Family and Medical Leave Act of 1993 (FMLA).
Section 12.3. Employees who have completed their probationary period who lose
actual work time in order to attend the funeral of a family member shall receive
a paid funeral leave for time necessarily lost during the employee's regularly
scheduled shift, provided the employee would have been scheduled and at work
during that day. Said leave shall be up to three (3) days with pay for a
deceased parent, spouse, child, brother, or sister and one (1) day for a
deceased father-in-law, mother-in-law, grandparent, brother-in-law,
sister-in-law, or grandchild. In order to receive pay under this Section, an
employee must be actively working, must make application for such paid leave,
and must attend the funeral. The Company may require satisfactory evidence of
attendance at the funeral and the relationship of the deceased. Each day of paid
funeral leave shall be computed in the same manner as holiday pay.
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Section 12.4. If the Company has knowledge that an employee will be on family
and medical leave, military leave, or an industrial injury leave for more than
thirty (30) calendar days, the job will be posted and filled on a temporary
basis within the department. When employees on leave under this Section return,
they shall be immediately assigned to their old job; employees temporarily
filling the job shall return to their regular jobs.
Section 12.1 The Company shall pay each active employee who reports for jury
duty the difference between pay up to eight times the hourly rate, as computed
for holiday pay, for time actually lost and the juror's daily fee for each day
the employee is required to serve on a jury. The employee must report to work
during those days of his regularly scheduled shift during which the employee is
not required to report for jury duty or be available at court for jury service.
The employee must present proof of jury service and the amount of compensation
received from the court.
Section 12.6. An employee who voluntarily enlists or is called into military
service of the United States shall be reinstated upon the termination of his
service in accordance with the laws of the United States and applicable state
law in force at the time of such reinstatement.
ARTICLE 13.
VACATIONS
Section 13.1. Regular full-time employees shall be eligible for one (1) week's
vacation after the first anniversary date of continuous employment, and after
the anniversary date of each succeeding year.
Employees shall be eligible for a second week of vacation after the second
anniversary date of continuous employment, and after the anniversary date of
each succeeding year of continuous employment.
Employees shall be eligible for a third week of vacation after the tenth
anniversary date of continuous employment, and after the anniversary date of
each succeeding year of continuous employment.
Employees shall be eligible for a fourth week of vacation after the
twentieth anniversary date of continuous employment and after the anniversary
date of each succeeding year of continuous employment.
Section 13.2. To be eligible for a vacation, an employee must have worked
sixteen hundred (1,600) hours during the preceding twelve (12) months or eighty
(80) percent of available hours for that period, whichever is less. Vacations
and holidays not worked shall be considered time worked for purposes of this
Section.
Section 13.3. Vacation pay shall be computed at forty (40) times feed mill
employee's regular straight time hourly rate and forty (40) times the rate for
drivers provided in Appendix A.
Section 13.4. Due consideration will be given employees' choice of vacation
time, but all vacations scheduled are subject to the final approval of the
Company in keeping with the Company's scheduling needs. In the event that two or
more employees cannot be released at the same time, the employee with the
longest service with the Company will be given preference. An employee who
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notifies the Company of a vacation choice thirty (30) days in advance shall not
lose that vacation choice to another employee. Vacations may not be scheduled
for periods of less than a week, and all vacations must be taken within an
anniversary year, except as provided hereinafter.
Employees who have earned three weeks of vacation shall be entitled to use up to
one week of said vacation one day at a time, provided the employee's request is
given at least one week in advance and the supervisor approves such request.
This right may not be used on the day before or the next scheduled work day
following a scheduled holiday. Requests will be granted in order of seniority.
It is understood that any waiver of the notice requirement is in the sole
discretion of the Company.
Section 13.5. The Employer shall post a vacation schedule for the entire
calendar year no later than January 1 of each year. The Employer will not block
out any weeks of vacation eligibility, but may limit the number of employees in
any classification to be off on a given week based on feed delivery. Vacation
selections will be granted to eligible employees on the basis of seniority.
Vacation selection shall be completed by February 15 of each year. The final
vacation schedule shall be approved and posted no later than March 1.
All vacation requests must be submitted in writing to the mill manager. An
employee who fails to submit a vacation request during the posting period may
select from the remaining available dates as their seniority allows. An employee
who requests vacation during the posting period (January 1 - February 15) shall
select from available dates as their seniority allows. This provision shall also
apply to employees who are awarded additional vacation during the year under the
terms of this Agreement. An employee who has been assigned a vacation period
shall not have the dates changed without his/her consent.
Section 13.6. The Company reserves the right to schedule a shutdown for one (1)
week in any year, which shall be treated as a vacation week for those employees
entitled to vacation.
ARTICLE 14.
HOLIDAYS
Section 14.1. The following shall be considered holidays:
New Year's Day Labor Day
Xxxxxx Xxxxxx Xxxx'x Birthday Thanksgiving Day
Memorial Day Christmas Day
July Fourth Birthday Holiday
The birthday holiday shall be taken on the employee's birthday. If the
birthday falls on a Saturday or Sunday, the holiday shall be taken on a day
agreed upon by the Company and the employee within one week of the birthday.
In the event any other holiday falls on a Saturday or Sunday, the Company
will announce whether it will be observed on the Friday preceding or the Monday
following the holiday. Such notice shall be given at least four (4) days in
advance.
Section 14.2. All regular full-time employees who have completed their
probationary period shall be paid holiday pay for each holiday enumerated above,
provided they report for work and work all scheduled hours on the workday
preceding and the workday next following the holiday, unless the employee was
necessarily absent due to personal illness, supported by a doctor's certificate,
or
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because of an emergency occurring to the employee or the employee's immediate
family (meaning only spouse, children, or parents). No employee shall lose
holiday pay because of missing no more than thirty (30) minutes on the workday
before or the workday following the holiday.
In any event, an employee must work at least one (1) day during the
calendar week in which a holiday falls in order to be eligible for holiday pay,
except the employee who is on vacation.
Section 14.3. Holiday pay shall be computed for feed mill employees at eight (8)
hours at their regular straight time rate and for drivers eight (8) hours at
$10.85 per hour.
Section 14.4. Employees required to work on a holiday shall be paid the amount
provided above, in addition to their regular earnings for that day. Hours not
worked on a holiday shall not be considered as work time in computing any
additional compensation due under the overtime provisions of this contract.
Section 14.5. If an employee is required to work and fails to report or fails to
work scheduled hours on a holiday, the employee shall forfeit holiday pay for
that day, unless excused as provided in Section 14.2.
Section 14.6. Employees on vacation during the week in which a holiday falls
shall receive holiday pay.
ARTICLE 15.
INSURANCE
Section 15.1. The Company will provide a group insurance program for employees
covered by this Agreement. The Company will continue to make contributions
toward group health insurance premiums in the proportions described hereinafter.
Employees shall pay the remaining costs of the insurance. Premium changes shall
be shared in the proportion in effect at the time of change.
Section 15.2. The Company shall pay seventy-five percent (75%) percent of the
cost of employee coverage only under the group insurance plan elected by an
employee. On the effective date of this Agreement, the contribution by the
Company to family coverage shall increase from fifty percent (50%) of the
premium to sixty percent (60%) of the premium for family coverage. On January 1,
2006, the contribution on family coverage will increase to seventy percent
(70%), and on January 1, 2007, it shall increase to seventy-five percent (75%)
of the premium for family coverage.
ARTICLE 16.
PROFIT SHARING - RETIREMENT
Section 16.1. ESOP - Employees covered by this Agreement will continue to be
covered by the Employee Stock Ownership Plan of Xxxxxxxxx Farms, Inc. and
Affiliates. Participation and benefits in the Plan shall be in accordance with
the provisions of that Plan.
Section 16.2. 401(k) Plan - Employees covered by this Agreement shall continue
to be eligible for participation in the Xxxxxxxxx Farms, Inc. and Affiliates
401(k) Plan, as provided in the Plan, and shall be subject to the conditions
provided by said Plan.
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ARTICLE 17.
WAGES
Section 17.1. Wages shall be paid as provided in Appendix A attached hereto and
made a part of this Agreement.
Section 17.2. Whenever a new job classification is created by the Company, or
there is a change or merger of job classifications or the job content of job
classifications, the Company will discuss the appropriate wage rate with the
Union. If a mutually satisfactory rate cannot be agreed upon, the Company will
set the rate. The Union may file a grievance on the rate, and the dispute shall
be settled in accordance with the grievance and arbitration procedures of this
contract.
Section 17.3. In addition to the wage rates as provided in Appendix A, feed mill
employees who have been continuously employed for five (5) or more years shall
receive seniority pay of twenty (20) cents per hour, effective on their
respective anniversary dates. Maintenance employees and drivers continuously
employed for five (5) or more years will receive seniority pay of fifty (50)
cents per hour. In computing incentive pay for drivers, seniority pay shall be
an additional two (2) cents per mile on the appropriate mileage rate.
Section 17.4. Employees who have completed their probationary period and are
temporarily assigned for one or more consecutive hours to perform the duties of
an absent employee in a higher paid classification shall receive the rate of
that classification while performing the duties of the classification. Employees
who work at more than one pay rate during a week in which they earn overtime,
shall receive overtime pay based upon an average of the rates earned during that
week.
ARTICLE 18.
MISCELLANEOUS
Section 18.1. The Company shall maintain safe, sanitary, and healthy working
conditions at all times, and employees will be required to cooperate in
maintaining such conditions. Any complaints regarding safety or health shall be
processed through the grievance and arbitration provisions of this Agreement.
Section 18.2. Employees shall follow all safety standards, rules and
regulations, wear and use all prescribed protective equipment while at work, and
report unsafe or hazardous conditions to supervisors.
Section 18.3. Any physical or mental examination request shall be promptly
complied with by all employees covered by this Agreement; provided, however, the
Company shall pay for all such examinations it requests of employees.
Section 18.4. The Feed Mill Safety Committee shall consist of members selected
by the Company from both within and outside the bargaining unit. Length of
service may be staggered to insure continued experienced participation. The
Chief Xxxxxxx of the Union shall be a permanent member. The Safety Committee
shall perform whatever functions are assigned to help maintain effective
communication of safety policies to employees and create and maintain active
employee interests in safety. Duties shall include periodic meetings; on the job
injuries, and safety related suggestions from any source; assistance in planning
activities to stimulate employee interest in safety; and
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recommending corrective actions to facilitate safety related changes in work
environment and work practices.
Section 18.5. It shall be the responsibility of all employees to keep the
Company apprised of their current address, telephone number, marital status and
number of dependents.
Section 18.6. It is the intent of the parties hereto that no provisions of this
Agreement shall require either party to perform any act which shall be unlawful
under any state or Federal statute.
ARTICLE 19.
NO DISCRIMINATION
Section 19.1. The Company and the Union agree they will not discriminate against
any person with regard to employment or Union membership or because of race,
creed, color, sex, religion, age (within the meaning of the Age Discrimination
in Employment Act), national origin, or disability (as defined in the Americans
With Disabilities Act).
Section 19.2. Whenever masculine gender is used in this Agreement, it shall
apply to the feminine gender.
ARTICLE 20.
COMPLETE AGREEMENT AND SEPARABILITY
Section 20.1. Complete Agreement: The parties expressly declare that they have
bargained between themselves on all phases of hours, wages, rate of pay,
conditions of employment and working conditions, and that this contract
represents their full and complete agreement without reservations or unexpressed
understanding. Any aspect of hours, rates of pay, wages, conditions of
employment and working conditions not covered by a particular provision of this
Agreement is declared to have been expressly eliminated as a subject for
bargaining and during the life of this Agreement may not be raised for further
bargaining in negotiations without written consent of all parties hereto.
It is further understood and agreed that neither party hereto has been
induced to enter into this Agreement by any representations or promises made by
the other which are not expressly set forth herein, and that this document
correctly sets forth the effect of all preliminary negotiations, understandings,
and agreements, and supersedes any previous agreements, whether written or
verbal. This contract constitutes the entire Agreement and understanding between
the parties and shall not be modified, altered, changed, or amended in any
respect except on mutual agreement set forth in writing and signed by both
parties.
Section 20.2. Separability: In the event any of the provisions of this Agreement
are held to be in conflict with or in violation of any state or federal statute
or other applicable law, administrative rule or regulation, such decision shall
not affect the validity of the remaining provisions of the Agreement. The
parties further agree that they will meet within thirty (30) days to
re-negotiate the provisions of the Agreement held to be invalid, provided that
Article 6 shall remain in full force and effect during all such negotiations.
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ARTICLE 21.
CHECK-OFF
Section 21.1. Payroll Deductions. The Company agrees to deduct regular weekly
dues and/or initiation fees from the wages of the employees who individually and
voluntarily authorize the Company in writing. The Company shall remit on a
monthly basis the said dues to the Secretary-Treasurer of LOCAL UNION 1529,
UNITED FOOD AND COMMERCIAL WORKERS UNION, AFL-CIO. A list showing the names of
all employees (alphabetically) and their social security numbers from whom
deductions were due, the amount deducted from each, and the date on which
deductions were made will accompany the remittance of money collected. Such
deductions shall be made from each weekly paycheck and shall be remitted to the
Local Union within fifteen (15) calendar days after the last weekly deduction in
the current month. If an employee has no wages due him on any weekly payday in
any month, the deductions shall be made based upon the instructions received by
the Company from the Union.
Section 21.2. The Company will make deductions from employees according to the
signed Active Ballot Club check-off card, and the monies collected will be
forwarded to the Secretary-Treasurer of U.F.C.W., Local 1529 by a separate
check.
Section 21.3. The Union shall save the Company harmless against and from all
claims, demands, suits or other forms of liability that arise out of or by
reason of action taken or not taken by the Company in reliance upon or
compliance with any provisions of this Article.
ARTICLE 22.
SUCCESSORSHIP
Section 22.1. In the event of a transfer, sale or assignment of the Company's
facility, the Union will be notified no less than 90 days after completion of a
transfer, sale or assignment or in accordance with federal laws.
Section 22.2. If a prospective buyer inquires, the Company will advise the
prospective buyer of the existence of the collective bargaining agreement, and,
upon request, furnish it a copy of the Agreement.
ARTICLE 23.
DURATION OF AGREEMENT
Section 23.1. This Agreement shall remain in full force and effect from the 27th
day of February, 2005 until the 31st day of December, 2007, and shall continue
thereafter from year to year until either party to this Agreement desires to
terminate this Agreement by giving written notice at least ninety (90) days
prior to December 31, 2007, or at least ninety (90) days' written notice prior
to any anniversary date thereafter. The parties to this Agreement shall endeavor
to satisfactorily negotiate any contemplated change or execute a new Agreement
during the ninety (90) day period, after proper notice in writing has been given
as provided hereinabove. Notice, as specified in this Article, shall be mailed
via United States Certified Mail.
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IN WITNESS WHEREOF, the parties have hereunto signed their names this 18th
day of MAY, 2005.
XXXXXXXXX FARMS, INC. UNITED FOOD AND COMMERCIAL
(XxXXXX PRODUCTION DIVISION) WORKERS, LOCAL 1529, AFL-CIO
/s/ Xxxxxxx XxXxx /s/ Xxxx Xxxxxxx
----------------------------- -------------------------------
/s/ Xxxx Xxxxxx
----------------------------- _______________________________
_____________________________ _______________________________
_____________________________ _______________________________
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APPENDIX "A" (CONT'D.)
WAGE SCHEDULE
EFFECTIVE FEBRUARY 27, 2005
FEED MILL
Feb. 27, 2005 Jan. 5, 2006 Jan. 7, 2007
------------- ------------ ------------
Master Maintenance $ 13.10 $ 13.35 $ 13.70
Unloader - Mill 10.40 10.65 11.00
Control Room Technician 10.40 10.65 11.00
Utility - Mill 9.50 9.75 10.10
RATES FOR NEWLY HIRED EMPLOYEES
Feb. 27, 2005 Jan. 5, 2006 Jan. 7, 2007
------------- ------------ ------------
Training rate $ 6.65 $ 6.85 $ 7.10
Sixty-day rate 7.85 8.05 8.30
Six-month rate 8.50 8.70 8.95
One-year rate 9.50 9.75 10.10
Newly hired employees in premium classifications above shall receive the rate of
that classification when the employee demonstrates the ability to perform
satisfactorily all the duties of the job.
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