EXHIBIT 10.2
AMENDMENT TO AGREEMENT
BETWEEN
XXXXXXXXX FARMS, INC.
(XXXXXX PRODUCTION DIVISION)
AND
UNITED FOOD AND COMMERCIAL WORKERS, LOCAL 1529, AFL-CIO
AFFILIATED WITH
UNITED FOOD AND COMMERCIAL WORKERS
INTERNATIONAL UNION, AFL-CIO
JULY 1, 2002 - DECEMBER 31, 2004
AMENDMENT TO AGREEMENT
This Amendment to Agreement is effective the twentieth day of July,
2003, by and between XXXXXXXXX FARMS, INC. (PRODUCTION DIVISION) (hereinafter
referred to as "Company"), and United Food and Commercial Workers, Local Union
1529 (hereinafter referred to as the "Union"), and provides as follows:
1.
The purpose of this Amendment to Agreement is to change portions of the
existing Agreement between the Company and the Union heretofore effective from
July 1, 2002 through June 30, 2005 covering the bargaining unit of employees of
the Company at its Fernwood Mississippi Feed Mill. It shall be attached thereto
and made a part of that Agreement.
2.
The existing Section 23.1 of the Agreement is hereby strickened and the
following language is substituted as the new Section 23.1:
This Agreement shall remain in full force and effect from the 1st day
of July, 2002 through the 31st day December, 2004, and shall continue
thereafter from year to year unless either party to this Agreement
desires to terminate this Agreement by giving written notice at least
ninety (90) days' prior to December 31, 2004, 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.
3.
The existing Section 23.2 of the Agreement is hereby strickened and the
following is substituted as the new Section 23.2:
Either party to this Agreement may reopen it for the purpose of
negotiation of wages only as of January 1, 2004. Said reopening shall
be by giving written notice of the intent to reopen for such purpose to
the other party at least sixty (60) days' prior to January 1, 2004.
Such notice shall be as provided in Section 1 of
this Article. In the event the parties have not reached agreement on
wages on or before January 1, 2004, the provisions of Article 6,
Sections 6.1 and 6.2 shall be suspended, and either party may resort to
whatever economic sanctions it deems necessary to enforce its
bargaining position on wages.
4.
Wages shall be paid as provided in the Appendix "A" attached hereto and
made a part of the Amendment to Agreement.
In all other respects, the existing Agreement between the parties, as
entered into and signed on the 16th day of July, 2002, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties have hereunto signed their names this
21st day of August, 2003.
XXXXXXXXX FARMS, INC. UNITED FOOD AND COMMERCIAL
(XxXXXX PRODUCTION DIVISION) WORKERS, LOCAL 1529, AFL-CIO
/s/ Xxxx Xxxxx /s/ Xxxx Xxxxxxx
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/s/ Xxxxx X. Xxxxxx, Xx.
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APPENDIX "A"
WAGE SCHEDULE
EFFECTIVE JULY 20, 2003
FEED MILL
Master Maintenance $ 12.35
Unloader - Mill $ 9.65
Control Room Technician $ 9.65
Utility - Mill $ 8.75
Newly hired employees shall receive a training rate of $6.45 per hour,
which shall increase as follows: after 60 days, $7.45; after 6 months, $8.00;
and, after one year, the amount shown above. Newly hired employees in premium
classifications shall receive the rate of that classification when the employee
demonstrates the ability to perform satisfactorily all the duties of the job.
FEED MILL DRIVERS
Payment by Load and Mileage
By Mile
Load Round trip miles
Per Trip $13.00 - to 30 0.2511
Per Trip - Split $15.00 31 to 60 0.2392
61 to 90 0.2284
91 to 120 0.2186
121 to 150 0.2140
151 to 180 0.2096
181 and above 0.2054
Reclaim Driver $10.70 Holiday, Vacation, Funeral Leave $11.20
Downtime (when downtime event exceeds one hour) $ 9.85
Training rate (until driver reaches incentive or end
of probation, whichever is sooner) $ 9.85
Seniority Pay: Load/Mile Pay - Additional (after 5 years) $.02 per mile
Seniority Pay: Hourly Pay - Additional (after 5 years) $.50 per hour
