1
Exhibit 10
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
QUINCY CORPORATION, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO
REVISED MAY 19, 1999
PREAMBLE
The Employer, the Union and employees recognize the obligations of its
members to work towards efficient operation of the Employer and the
demands of the Employer's customers. Therefore, it is the purpose of
this Agreement to obtain a maximum efficiency in the operations of the
Employer; to eliminate all interruptions of work and interference in
operations; to secure a prompt and fair disposition of grievances; and
to set forth other conditions of employment during the life of this
Agreement.
I. PARTIES
THIS AGREEMENT is between QUINCY CORPORATION, INC. (hereinafter
referred to as the "Employer") and its successors, provided that such
successor is at least fifty one percent (51%) owned by existing
shareholders of the Employer as of the date of this agreement, and
UNITED FARM WORKERS OF AMERICA, AFL-CIO, (hereinafter referred to as
the "Union").
II. RECOGNITION/UNION RIGHTS AND OBLIGATIONSCOMPANY/UNION
COOPERATIONCOMPANY/UNION COOPERATION
A. The Employer does hereby recognize the Union as the sole labor
organization representing the rights of its employees described in
Attachment A, hereafter collectively called "workers".
B. The Employer further recognizes the rights and obligations of the
Union to negotiate wages, hours and other terms and conditions of
employment and to administer this Agreement on behalf of the covered
employees. The Employer will inform all employees immediately upon
their employment of its policies and commitments as set forth above.
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C. Neither the Employer nor its representatives will interfere with the
right of any worker to join and assist the Union. The Employer agrees
that employees will secure no advantage, no more favorable
consideration nor any form of special privilege because of
non-participation in Union activities. Further, the Employer agrees
with and recognizes the right of workers to support and participate in
collective bargaining and contract administration functions.
D. The Union agrees with the objective of achieving the highest level of
employee performance and production consistent with safety and good
health, and to use its best efforts to effectuate the same with
employees.
III. HOURS OF WORK, OVERTIME, WAGES AND BENEFITS
A. Wage rates for specific job classifications are set forth in Article
XXVI.
B. Overtime: Hourly employees shall receive time and one-half (1 1/2)
their regular rate of pay for all hours worked over forty (40) in a
given seven (7) day calendar week, except for employees covered by the
harvesting incentive pay system, in this case the employee should be
paid the normal incentive pay amount plus 1/2 their base hourly rate.
C. Meal time breaks shall be one-half (1/2) hour.
D. Pay Periods and Pay Days: Employees will be paid on a weekly basis and
will receive their paycheck every Thursday.
E. Employees shall have paid rest periods of fifteen (15) minutes each,
which insofar as practical, shall be in the middle of each continuous
four (4) hour work period.
IV. UNION SECURITY
A. The Employer agrees, upon written authorization from the employee, to
deduct union dues and assessments from the employee's paycheck each
week and remit to the Union's designee. The deductions will commence
the first paycheck ten (10) working days after the Employer receives
the employee's written dues authorization. Any change in union dues
shall become effective the next paycheck ten (10) working days after
the Employer has received a certification of the change signed by the
Union's President. Employees may revoke their union dues authorization
at any time. The Employer will cease making such deductions from the
next paycheck ten (10) working days after notice of said revocation is
received in writing by the employee. The Employer shall provide a
monthly summary report containing the names of the
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members, Social Security numbers, payroll periods covered, gross
wages, total hours worked per worker and amount of dues and
assessments deducted during such pay periods from each member.
B. Dues and assessments shall be deducted on a weekly basis and remitted
to UFW, Membership Department, X.X. Xxx 00, Xxxxx, XX 00000.
V. HIRING
A. The Union will provide a list of applicants to the Employer for
consideration when new or additional employees are needed in the areas
referred to in Attachment A.
B. Promotion and Job Bidding. In the event a permanent vacancy in a job
classification in the bargaining unit arises, which the Employer
decides to fill, the following procedures shall apply.
1.) The Employer will post the job for five (5) working days on
bulletin boards and otherwise announce the vacancy consistent
with the Employer past practice, including allowing
non-bargaining unit employees to bid bargaining unit jobs and
vice versa.
2.) Employees who wish to be considered for the posted vacancy must
apply in writing during the posting period to the Employer's
designee.
3.) If the designee decides to fill the position while the permanent
assignment is being made, he may do so with any qualified
employee, provided experience gained during such temporary
assignment shall not be determinative in filling the vacancy
permanently.
4.) The Employer's designee will consider all timely applications
from qualified employees and fill the vacancy based on:
a. Qualifications and ability to perform the work.
b. Past disciplinary records.
c. Job Classification seniority.
When factors a and b are relatively equal, Job Classification
seniority shall be given primary consideration.
VI. SENIORITY
A. Probationary Period. A newly hired employee in the bargaining unit
will be considered a probationary employee for the first ninety (90)
calendar days of employment. During the probationary period, the
Employer retains the right to layoff, terminate, transfer, or
discipline such employee subject only to the law and the employee
shall have no recourse to the grievance or arbitration procedure
provided herein. After successful completion of the probationary
period, the employee shall be placed on the seniority list as of his
date of hire. Annual leave shall accrue during
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probation and may be taken as earned under the same conditions
applicable to non-probationary employees. No accrual of benefits will
be paid to employees who do not complete probation.
B. Farm Seniority. Farm seniority shall be the time of cumulative service
as an employee of the Employer.
C. Job Classification Seniority. Job Classification seniority shall be
the time of cumulative service on the active payroll of the Employer
working within a designated job classification. An approved leave of
absence will qualify as part of cumulative service.
D. Priority. Where two or more employees have the same seniority date or
dates, under sections B and C of this article, the seniority dates
shall be determined by the employee's birthday.
E. Regaining Seniority. If a former employee is rehired, he will
establish a new Job Classification seniority. Credit for Medical
Insurance, Pension and Section 401(K) Plan participation shall not be
restored unless allowed by the particular Plan.
F. Promotions Within the Unit. When an employee is promoted to a
different position within the bargaining unit, he shall be on a trial
period for thirty (30) days during which time he may elect to return
to the position from which promoted. However, if the prior position
has been filled, the returning employee will be placed in another
position but with no reductions in the rate of pay he was receiving
initially prior to the promotion. Upon successful completion of the
trial period, job classification seniority shall accumulate from the
date of promotion. If prior to the end of the 30-day period the
employee is removed and returned to his former or similar open
position, he shall be given Job Classification seniority credit for
the time spent in the job to which he was promoted.
G. Transfer Out of the Unit. At the option of the Employer, employees
outside the bargaining unit may enter or re-enter the bargaining unit
in their former or another position as long as it does not displace
any current bargaining unit employee. If they are returned to their
former or another position, Job Classification seniority for the
period they worked outside the bargaining unit shall not be counted in
calculating job seniority, but Job Classification seniority
accumulated before the transfer shall be retained. If any employee
decides to transfer out of the bargaining unit, he must return within
thirty (30) days to keep his seniority.
H. Seniority List. Upon the execution of this Agreement, the Employer
shall prepare a seniority list for bargaining unit employees which
shall show Farm and Job
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Classification seniority. The Employer will provide the Union with a
copy within a reasonable time period. After the initial list a
seniority list will be provided to the Union within five (5) working
days of a written request but no more than once during a calendar
quarter.
I. Layoff. In the event of a layoff, employees will be selected for
layoff on the basis of the following factors:
1.) Job Classification seniority.
J. Employees will be recalled in inverse order of layoff by Job
Classification.
VII. GRIEVANCE AND ARBITRATION
A. A grievance is defined as any difference between the Employer and any
employee or the Union involving the interpretation or application of
the provisions of this Agreement, or a claim of a violation of this
Agreement. Whenever a grievance arises between the Employer and the
employees or the Union, the matter will be handled in accordance with
the following procedure:
B. Informal. Except in cases involving disciplinary action which shall
proceed immediately to Step 1, the employee shall meet to discuss the
grievance informally with his immediate supervisor and attempt to
resolve the grievance before it may be filed in Step 1. The employee
must request this meeting not more than ten (10) working days after
the occurrence which gives rise to the grievance. Failure of the
employee to request a meeting within the time set shall be deemed a
waiver of the grievance and it shall not be subject to further
processing under this Article or otherwise. A Union xxxxxxx may be
present if the Employee requests; however, the employee shall have the
right to adjust his grievance with or without the assistance of the
Union.
C. Step 1: Within ten (10) working days after the meeting in the informal
step, the grievance shall be reduced to writing and signed by the
employee and presented to his or her immediate supervisor. The written
grievance must include:
a. A statement of the grievance and a summary of the facts on which
the grievance is based.
b. The remedy requested.
c. The Article and Section of the Agreement which the grievant
claims has been violated.
D. Step 2: Within ten (10) working days of presentation of the written,
signed grievance, the employee's manager, or the next level of
management above the grievant's immediate supervisor, whichever
applies, and one local representative of the Union
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shall meet and/or discuss the grievance. The management representative
will respond in writing within ten (10) working days of the meeting
and/or discussion.
E. Step 3: If the grievance is not settled in Step 2 above, within ten
(10) working days of receipt of the Employer's response in Step 2, the
Union shall notify the Employer in writing of its appeal of the
grievance to Step 3. Within ten (10) working days of delivery of the
written notice of appeal to Step 3, the Union and the Employer's
designee shall meet and/or discuss the grievance. The designee shall
respond in writing within ten (10) working days after the meeting or
discussion. Failure of the parties to meet to discuss the grievance
within the time provided in Steps 1, 2 and 3 of the grievance
procedure or failure of the Employer to respond at any step shall be
deemed a denial of the grievance. The Union must then proceed to the
next step within the time limits, just as if the Employer had denied
the grievance in writing on the last day for a response. Failure of
the Employer to respond at any step shall not in any way restrict the
Employer's or the Union's right to raise any issue or present any
evidence it deems appropriate in support of its position in any
subsequent arbitration or other administrative or judicial
proceedings.
F. Arbitration. Any signed, written grievance which is not settled
pursuant to sections B, C, D and E of this article, shall be submitted
to binding arbitration upon the request of either party. Arbitration
proceedings must be initiated by serving a written request for
arbitration by the Union or the Employer within forty-five (45)
working days of the response of the Employer under Step 3 above or the
last day on which the Employer could have responded to Step 3,
whichever occurs first.
G. Selection of Arbitrator. As soon after the request for arbitration is
served as is conveniently possible, the parties shall meet or confer
by telephone in order to select an arbitrator to hear and decide the
grievance. If the parties are unable to agree on an arbitrator, the
party requesting arbitration shall request the American Arbitration
Association to supply the parties with a panel of seven (7)
arbitrators. Within five (5) working days after the receipt of such
panel, the parties will meet or confer by telephone or in person to
select an arbitrator. The Union and the Employer shall each have the
right to alternatively strike three (3) names from the list. The name
remaining shall be the arbitrator. Subject to section H of this
article, the arbitrator selected shall decide the dispute and such
decision shall be final and binding on the parties and the employees.
The expenses of the arbitrator shall be paid equally among the
parties. However, each party shall be responsible for its own
attorneys' fees, any court reporting services it wishes to use, and
the wages of employees, whether they be witnesses, potential
witnesses, representatives, or grievant, it utilizes in any
arbitration proceeding.
H. Authority of Arbitrator. The jurisdiction of the arbitrator is limited
and confined to the interpretation and application of the specific
provisions of this Agreement to the
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grievance. The arbitrator shall in no way alter, amend, or modify the
terms of this Agreement. When any employee has been disciplined for
one or more of the rules and regulations of the Employer and said
discipline is subjected to this Article, the arbitrator shall deny the
grievance if he is satisfied by a preponderance of the evidence that
the employee violated such rule or regulation. Under no circumstances
may an arbitrator award back wages or monetary relief to any employee
for a period more than ten (10) working days prior to the submission
of the grievance to Step 1. Monetary awards shall be limited to the
amount of the back wages and benefits the employee would have
otherwise earned less unemployment compensation and other earnings. No
relief may be granted to any employee who has not timely filed a
grievance as required above. The arbitrator may not consider more than
one (1) grievance without the agreement of both parties; provided,
multiple grievances properly raise the same issues which have been
properly appealed. The arbitrator shall have no power to establish
wage scales or fringe benefits or to change the established wage scale
or schedule of fringe benefits.
I. Finality of Decision. The decision of the arbitrator shall be
supported by substantial evidence on the record as a whole and shall
be final and binding on the employees, the Employer and Union.
J. Time Limits. The time limits set forth above are to be considered of
the essence to the grievance and arbitration procedure. The failure of
the employee or the Union to meet any time limit set forth therein
shall be deemed to constitute waiver of the grievance and acceptance
of the Employer's position. The time limits in sections B, C, D and E
of this article may be extended in writing by mutual consent of the
parties.
K. Limitations. The party referring a grievance to arbitration shall have
the burden of proof, except the Employer shall have the burden of
proof in disciplinary grievances unless this Agreement provides
otherwise.
L. Precedent. In order to encourage prompt resolution of grievances,
agreements and compromises of grievances made under this section shall
not be cited by either party as precedent in any subsequent
arbitration proceeding without the consent of the other party.
M. Witnesses. Each party shall be responsible for the pay of the
representatives and witnesses it uses in arbitration or preparation
therefore. Time spent by witnesses called to testify by the Union in
an arbitration proceeding will not be counted as time worked.
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VIII. NO STRIKE CLAUSE
For the duration of this Agreement, the Union, its officers,
representatives, members and the Employer's employees covered by this
Agreement, shall not authorize or condone, nor shall they take part in or
participate in any strike, slow down, picketing, stoppages of work,
boycott or other interruption of or interference with the Employer's
business or its operation at any location.
Failure or refusal on the part of any employee to comply with any
provision of this Article shall be cause for disciplinary action, up to
and including discharge.
If there is a dispute as to whether an employee violated this Article, the
only issue that may be grieved shall be whether the employee violated the
Article. Upon proof the arbitrator shall uphold the Employer's
disciplinary decision.
The Employer agrees that it will not lock-out employees for the duration
of this Agreement so long as the Union or the employees do not violate
their obligations as set forth in this Article.
IX. RIGHT OF ACCESS TO COMPANY PROPERTY
A. Duly authorized and designated representatives of the Union shall
have the right of access to Employer property in connection with the
administration of this Agreement or other normal Union affairs. In
the exercise of the foregoing, there shall be no interference with
the productive activities of the employees.
B. The Employer shall recognize the Union stewards for handling
grievances with the Employer, provided Union stewards must be
employees of the Employer on the active payroll. The Employer agrees
that the choice and removal of Union stewards is otherwise a
function of the Union. The Union shall notify the Employer in
writing who the current Union stewards or alternate stewards are and
shall furnish the Employer written notice of any new appointments or
changes in stewards. The selection of an employee as Union xxxxxxx
shall in no way relieve the employee from carrying out his or her
usual and assigned duties in the same manner as is expected of all
other employees. The number of Union stewards should be limited to
one (1) chief and two (2) stewards. Alternates may be substituted
when a xxxxxxx is absent for an extended period of time.
C. Stewards shall not leave their jobs while on shift for the purpose
of investigating, presenting, handling or settling grievances with
management except by permission of the Employer's designee. All such
activities handled during the xxxxxxx'x working time will be paid
for by the Employer, however, the stewards will, whenever possible,
handle activities during non-working time. The Employer shall not be
responsible for the wages of any xxxxxxx while they are involved in
arbitration under this Agreement. Activities of stewards shall in no
way interfere with the operation of the Employer.
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D. The Employer will allow no more than five (5) UFW officials to visit
the Employer's property provided the Union receives prior approval
in writing by the Employer for each visit. During any visit the
Employer will have one or more of its representatives present to
accompany the UFW officials. The Union officials will not in any
fashion interfere with the work of the employees.
X. DISCIPLINE AND DISCHARGE
A. Cooperation and Support. The Union agrees to support all the rules
and regulations of the Employer. Those rules will be supplied to the
Union's local President and the UFW.
B. Quincy Farms Rules. For the best interests of the Employer and its
employees, all employees will abide by the rules, regulations and
policies of the Employer. Violation of any of the Employer's rules,
or for just cause, shall be considered cause for disciplinary action
up to and including discharge. The Employee may grieve and arbitrate
any action under this section.
XI. DISCRIMINATION
In accordance with the policies of the Employer and the Union, it is
agreed that there shall be no discrimination against any employee because
of race, age, creed, color, religion, sex, sexual orientation, national
origin, political belief, disability, marital status, language spoken or
activities on behalf of or in opposition to any labor organization.
XII. LEAVES OF ABSENCE
A. General Leaves. Leaves of absence without pay are discouraged;
however, at the Employer's discretion, an employee who has used all
accumulated unused annual leave may be granted a leave of absence
for good reason without pay which in no event shall exceed thirty
(30) days, unless a longer leave is allowed by law. Leaves of
absence for personal reasons will be granted only when the services
of the employee are not immediately required and there are other
employees capable of doing the work.
B. Activities During Leaves. Leaves of absence will not be granted for
the purposes of allowing employees to take another position
temporarily, try out new work, or venture into business for himself.
Engaging in any of these activities during a leave of absence will
result in termination for the employee.
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C. Return From Leave of Absence. Upon returning to work from an
authorized leave of absence under this Article, an employee shall be
entitled to the job he left, or a job similar to the one he left. If
such job or jobs have been eliminated or another employee has been
permanently transferred to take over such job or jobs, the Employer
shall have the right to place the returning employee in any job
which it deems him capable of performing.
D. Union Activities. Should an employee wish time off to attend Union
conventions or training sessions, he shall file a written request
just as he would when requesting other leave without pay, but not
less than ten (10) days before the requested leave is to begin. Such
leaves may be no longer than five (5) working days and no one
xxxxxxx may take more than ten (10) working days off a calendar year
for such leaves. The Employer's designee will review a properly
filed request and grant the leave request if in his discretion he
determines such leave will not be operationally inconvenient. All
such leaves will be without pay.
E. Long Term Leave. An employee may request a leave of up to one year
to conduct Union business, subject to written request procedures
listed above.
XIII. INS
A. Should an INS agent visit the premises, the Employer will
immediately notify the Union by telephone call to the local Union
office.
B. The Employer shall not reveal confidential information concerning
employees to the INS or its agents, except as required by law and in
conjunction with a search warrant.
C. The Employer shall not participate in any computer verification of
immigration or work authorization status, except for the program
that is currently in place or as required by law.
D. When the Employer receives written notice from the INS concerning
the employment authorization status of an employee, the Employer
shall promptly fax said notice to the Union. The Employer shall
provide a minimum of thirty (30) days following written notice to
each such employee to correct his or her records before terminating
the employee.
XIV. SSA LANGUAGE
When the Employer receives written notice from the Social Security
Administration concerning the verification of Social Security numbers, the
Employer shall promptly fax said notice to the Union. The Employer shall
provide a minimum of thirty (30) days following written notice to each
such employee to correct his or her records before terminating the
employee.
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XV. MAINTENANCE OF STANDARDS
Employer agrees that all terms and conditions of employment for employees
relating to wages, hours of work and general working conditions shall be
maintained at no less than the highest standards in effect as of the date
of this agreement.
XVI. BARGAINING UNIT WORK
A. Supervisors and other persons not included in the bargaining unit
shall not perform any work covered by this Agreement except for
instruction, training, testing equipment, experimental and
developmental work, emergencies, or other occasional and incidental
types of work which does not deprive bargaining unit workers of work
or avoid the recall of bargaining unit workers for work they would
normally perform.
B. It shall not be a violation of this Agreement for persons other than
bargaining unit employees to perform bargaining unit work consistent
with the Employer's past practice.
XVII. MANAGEMENT RIGHTS
All inherent and common law management functions and prerogatives which
the Employer has not expressly modified or restricted by this Agreement
are retained and vested exclusively in the Employer and are not subject to
arbitration under this Agreement. The Employer specifically reserves the
exclusive right in accordance with its judgment to reprimand, suspend and
otherwise discipline employees; to discharge employees for just cause,
which includes violation of company regulations and policies; to hire,
promote, demote, transfer, layoff and recall employees to work; to
determine the starting and quitting times, and the number of hours and
shifts to be worked; to maintain the efficiency of employees; to close
down the operation or any part thereof, or expand, reduce, alter, combine,
transfer, assign or cease any job, department, operation, or service; to
control and regulate the use of machinery, equipment and other property of
the Employer; including but not limited to transferring or subcontracting
with satellite growers for the cultivation, growing and harvesting of
mushrooms provided that such subcontracting is not conducted on the
company's existing property; to determine the number, location and
operation of stations and divisions and departments thereof; to assign
work and overtime; to determine the size and composition of the work
force; to make or change rules, procedures, policies and practices not in
conflict with the provisions of this Agreement; to assign or reassign
equipment, jobs and work locations; to set schedules, hours and days of
work; to establish standards of conduct and work for employees; to
introduce new or improved production, maintenance, services and packing
methods, materials, machinery and equipment and otherwise generally manage
the business; and to direct the work force.
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The Employer's failure to exercise any function hereby reserved to it,
or its exercising any such function in a particular way, shall not be
deemed a waiver of its rights.
XVIII. RECORDS AND PAY PERIODS
A. The Employer shall keep full and accurate records, including total
hours worked, piece rate or incentive rate records, total wages and
total deductions. Employees shall be furnished a copy of the itemized
deductions, hourly rates, hours worked and total wages each payday
which shall include the employee's piece rate production records.
B. The employee may request to examine time sheets, piece rate records
and other records that pertain to the employee's wages. A Union
representative may be present at the employee's request.
XIX. BULLETIN BOARD
The Employer shall provide bulletin boards placed at such locations as
shall be mutually agreed.
XX. MODIFICATION
No provision or term of this Agreement may be amended, modified,
changed, altered or waived except by written document executed by the
parties hereto.
XXI. SAVINGS CLAUSE
If any part of this Agreement is, or is hereafter found to be, in
contravention of the laws or regulations of the United States or of
any state having jurisdiction, such part shall be superseded by the
appropriate provisions of such law or regulation so long as the same
is in effect, but all other provisions of this Agreement shall
continue in full force and effect.
XXII. JDLC PENSION PLAN
Commencing on March 31, 1999 the Employer shall contribute to the Xxxx
De La Xxxx Farm Workers Pension Plan in the amount of five cents
($.05) for each hour worked by all employees covered under this
agreement.
The monthly contributions to the Xxxx De La Xxxx Farm Workers Pension
Plan, together with a monthly summary report, shall be forwarded to
the administrator of the plan no later than the fifteenth (15th) day
of the following month at P.O. Box
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92861, Xxx Xxxxxxx, XX 00000, or other such address designated in
writing by the plan administrator.
XXIII. MEDICAL PLAN
The Employer agrees to continue to offer eligible employees the
existing Blue Cross Medical Plan, however the Employer retains the
right to modify the plan and employee copays if the total cost to the
company increases by more than fifty thousand dollars ($50,000) during
a twelve (12) month period. The Employer will keep the Union informed
and discuss other alternatives with the Union, however the Employer
will retain the right to make any changes that it deems necessary.
XXIV. DISCLOSURE
When the Employer eliminates, adds or modifies rules and regulations
or forms that apply to wages, hours and working conditions, it will
make bargaining unit employees aware of same and provide the Union a
copy of the applicable rule, regulation or form.
XV. PROFIT SHARING
All employees of Quincy Corporation who are employed at the end of
each of the two nine-month periods covered by this agreement are
eligible for a profit sharing bonus. The first nine-month period will
be April 1, 1999 through December 31, 1999 and the bonus will be paid
on or before March 15, 2000. The second nine-month period will be
January 1, 2000 through September 30, 2000 and the bonus will be paid
on or before December 31, 2000. The bonus amount will be calculated as
follows:
A. The following percentage of Quincy Corporation's audited before
interest and tax earnings for each of the two nine-month periods
covered by this eighteen-month agreement will be established as a
bonus pool amount:
$0 to $1,500,000 0%
$1,500,001 and above 30% of the amount over $1,500,000
B. The bonus pool amount will be divided by the total wages for the
applicable nine-month period paid to employees of Quincy Corporation
who are employed at the end of each respective nine-month period and
the result is the bonus multiplier.
C. Each employee's total wages paid during the applicable nine-month
period will be multiplied by the bonus multiplier to determine the
employee's bonus.
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D. The Employer shall submit every six (6) months operating statements to
the Union within forty-five (45) days of the end of each six (6) month
period. The Employer shall also submit its annual operating statement
for 1999 and 2000 to the Union within sixty (60) days of the end of
the fiscal year. There shall be no inter-company charges initiated
during 1999 and 2000 that have the effect of reducing the bonus pool
amount. The Employer will not change accounting assumptions or
practices, except as required to conform to government regulations or
generally accepted accounting principles; and in no event shall such
assumptions or practices be changed to reduce the bonus pool amount.
The Employer agrees to provide for an independent audit of the
Employer specifically designed to verify the bonus pool amount. This
independent audit will be paid for by the Employer and a copy will be
addressed to the Union.
E. If for any reason the Employer is sold, the eligible employees are
fully vested in the prorated share of the profits for the period the
profit sharing plan is in effect. Such prorated share will be paid to
the eligible employees within thirty (30) days after the completion of
the sale of the Employer.
XXVI. WAGES
Pack house employees will receive a fifty cents ($.50) per hour wage
increase and Luggers will receive a twenty-five cents ($.25) per hour
wage increase from the wage rate in effect on March 31, 1999. This
wage increase will be implemented retroactively to May 1, 1999.
XXVII. HOLIDAYS
Because of the nature of the mushroom business, it will be necessary
to work holidays. The company shall pay one and one-half (1-1/2) times
an employee's regular straight time hourly rate for hours worked on
the following recognized holidays: NEW YEAR'S DAY, XXXXXX XXXXXX XXXX,
XX.'S OBSERVED BIRTHDAY, MEMORIAL DAY, FOURTH OF JULY, LABOR DAY,
THANKSGIVING DAY, and CHRISTMAS DAY.
If you are scheduled to work on a Holiday and fail to do so without a
valid excuse you will be subject to disciplinary action on the first
occurrence. A second occurrence within a twelve (12) month period will
result in suspension. Repeat offenders outside of a twelve (12) month
period will be terminated.
Subject to legal review. Page 14 Confidential
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15
XXVIII. VACATIONS/SICK/PERSONAL DAYS
Vacation benefits for regular employees shall be granted on the
following basis:
YEARS OF CONTINUOUS VACATION
SERVICE VACATION DAYS PAY*
------- ------------- ----
1 One week (5) days 2%
3 Two weeks (10) days 4%
10 Three weeks (15) days 6%
* Percent of gross W-2 earnings for the preceding employment year
for the first year of service and for the preceding calendar year
for all subsequent years of service.
A vacation is not earned until an employee reaches his anniversary
date.
Vacation benefits will be granted only after an employee's anniversary
date. Vacations must be scheduled one (1) month in advance and
approved by your supervisor.
Seniority shall govern in the selection of vacations insofar as
practicable to do so under current operating conditions. Certain
departments have a maximum limit on how many people can be gone from
work at any given time.
Vacation benefits shall not be allowed to accumulate from one vacation
period to the next.
Quincy Farms will provide all hourly employees with two (2) paid
personal/sick days per year. The requirements are:
1. Must have been employed at least ninety (90) days.
2. Sick/Personal days will be based on a calendar year.
3. Sick/Personal days cannot be taken prior to, on the day of,
or after a holiday.
4. Sick/Personal days cannot be taken in conjunction with
vacation or any other leave.
5. There will be no accrual of sick/personal days.
6. Employees will be paid eight (8) hours @ five dollars and
fifteen cents ($5.15) per hour for each sick/personal day.
7. Sick/Personal day payment will be made each year in the pay
periods closest to June 15th and December 15th.
8. Call in requirements are necessary for sick days and
personal days (if not scheduled in advance). If employee
does not call in, the day will be treated as an unexcused
absence.
9. Form must be completed for each day you take. Notify your
Supervisor.
Subject to legal review. Page 15 Confidential
05/18/99
16
XXIX. SAFETY
The Employer and the Union agree that any material change made to the
Employer's existing Safety Manual will be discussed, prior to any change,
with the Safety Committee.
XXX. DURATION
This agreement shall remain in full force and effect for eighteen (18)
months from the date of this agreement.
XXXI. COMMENCEMENT OF NEGOTIATIONS
Beginning at least three months prior to the expiration of this
agreement, Quincy and the UFW will meet and will use their good faith
best efforts to negotiate a new agreement that will promote a
relationship that will benefit everyone concerned.
UNITED FARM WORKERS OF QUINCY CORPORATION d/b/a
AMERICA, AFL-CIO QUINCY FARMS
/s/ XXXXXX X. XXXXXXXXX /s/ XXXXXX X. XXXXXX
------------------------------------ --------------------------------
Xxxxxx X. Xxxxxxxxx, President Xxxxxx X. Xxxxxx, Chairman
7/20/99 7/20/99
------- -------
Date Date
/s/ XXXXX X. XXXXXXXXX /s/ XXXXX X. XXXXXXXXXXX
------------------------------------ --------------------------------
Xxxxx X. Xxxxxxxxx, Membership Fund Xxxxx X. Xxxxxxxxxxx, CFO
Manager
7/20/99 7/20/99
------- -------
Date Date
/s/ Xxxxx Xxxxxx
------------------------------------
Xxxxx Xxxxxx, State of Florida
Director
-------
Date
BARGAINING COMMITTEE
Name/Date
/s/ Xxxxxx Xxxxxxx
------------------------------------
/s/ Xxxxxxxx Xxxxxxxxxx
------------------------------------
/s/ Xxxxxx Xxxxxx
------------------------------------
/s/ Xxxxxx X. Xxxxxxxx
------------------------------------
Subject to legal review. Page 16 Confidential
05/18/99
17
ATTACHMENT A
DEPARTMENT
----------
HARVESTING
PACKING
SHIPPING
IRRIGATION
NIGHT SHIFT OPERATIONS
GROUNDS KEEPING
JANITORIAL
Subject to legal review. Page 17 Confidential
05/18/99
18
QUINCY FARMS 000 Xxxxxx Xxxx Xx.
Xxxxxx, Xxxxxxx 00000
Phone 000-000-0000
Fax 000-000-0000
July 19, 1999
ATTACHMENT LETTER No. 1
The Parties (Quincy Farms, and the United farm Workers of America, AFL-CIO),
agree that all terms and conditions under this contract, unless otherwise
specifically provided by contract language, will become effective on the date
the contract is executed by both parties.
/s/ XXXXXX X. XXXXXXXXX /s/ XXXXXX X. XXXXXX
--------------------------------------- --------------------------------
Xxxxxx X. Xxxxxxxxx, President Xxxxxx X. Xxxxxx, Chairman
United Farm Workers of America, AFL-CIO Quincy Corporation,
d/b/a Quincy Farms
7/20/99 7/20/99
------- -------
Date Date
/s/ XXXXX XXXXXX /s/ XXXXX X. XXXXXXXXXXX
--------------------------------------- --------------------------------
Xxxxx Xxxxxx, State of Florida Xxxxx X. Xxxxxxxxxxx, CFO
Director, United Farm Workers, AFL-CIO Quincy Corporation,
d/b/a Quincy Farms
7/20/99 7/20/99
------- -------
Date Date
/s/ XXXXX X. XXXXXXXXX
---------------------------------------
7/20/99
Membership Director
