CONTRACT
BETWEEN
WHOLESALE AND RETAIL FOOD DISTRIBUTION
TEAMSTERS LOCAL UNION NO. 63
AND
CUSTOM FOOD PRODUCTS, INC.
INDEX
ARTICLE I - Employees Covered and Bargaining Agency ...................... 1
ARTICLE II - Union Security .............................................. 2
ARTICLE III - Dues Checkoff and Union Initiation Fees .................... 2
ARTICLE IV - Management Rights ........................................... 3
ARTICLE V - Discipline and Discharge ..................................... 3
ARTICLE VI - Fidelity Bond, Donations and Physical Examinations .......... 4
ARTICLE VII - Vacations .................................................. 4
ARTICLE VIII - Holidays .................................................. 5
ARTICLE IX - Hours of Work and Overtime .................................. 6
ARTICLE X - Bulletin Board and Union Visits .............................. 8
ARTICLE XI - Seniority ................................................... 9
ARTICLE XII - Grievance Procedure ........................................ 9
ARTICLE XIII - No Strike ................................................. 11
ARTICLE XIV - Leave of Absence ........................................... 11
ARTICLE XV - Wages Scales and Job Classification ......................... 11
ARTICLE XVI - Health and Welfare ......................................... 12
ARTICLE XVII - Industrial Injury Leave ................................... 12
ARTICLE XVIII - Longevity Clause ......................................... 13
ARTICLE XIX - Jury Duty .................................................. 13
ARTICLE XX - Sick Leave .................................................. 13
ARTICLE XXI - Safety Equipment ........................................... 13
ARTICLE XXII - New Locations ............................................. 14
ARTICLE XXIII - Subcontracting ........................................... 14
ARTICLE XXIV - Notices ................................................... 14
ARTICLE XXV - Termination ................................................ 14
SCHEDULE A -Minimum Wage Rates ........................................... 16
EXHIBIT A - Employee Classifications ..................................... 17
AGREEMENT
This Agreement by and between CUSTOM FOOD PRODUCTS, INC., hereinafter
referred to as Employer, and the WHOLESALE AND RETAIL FOOD DISTRIBUTION
TEAMSTERS LOCAL UNION NO. 63, or any Succeeding Local chartered by the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF
AMERICA, hereinafter referred to as the Union, is entered as of April 1, 2000
and expiring March 30, 2005.
ARTICLE I -EMPLOYEES COVERED AND BARGAINING AGENCY
1. The Employer recognizes the Union as the sole and exclusive
bargaining agent for only the cooked roll production employees, quality control,
sanitation and the maintenance employees for the cooked roll production line,
and the production line employees directly associated on a full or part-time
basis with the further processed products produced from the cooked roll
products, specifically, the diced, sliced and barbeque products made from the
roll production line, and the machine operator qualified to operate the L19
packaging machine for the Taco Xxxx product only, and specifically excluding any
and all other employees of the Employer, including without limitation, all
maintenance, warehouse, shipping and receiving, production, salesmen, office and
clerical, laboratory, technical and research employees, guards and watchmen, as
well as, any "broiler line employees", crumble line employees, Arby's line
employees, and any new or other lines that the Employer may from time to time
add to its business, and all supervisory employees within the meaning of the
National Labor Relations Act employed by the Employer at its place of business
located at 0000 Xxxx Xxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxxxxx 00000, or at any other
location whatsoever. Whenever the masculine gender is used in this Agreement, it
shall be deemed to include the feminine gender as well, and vice versa.
All employees currently covered by this Agreement will continue to be
covered by this Agreement under the modified classification as attached on
Exhibit A. The Employer retains the right to move employees among or within
classifications as long as there is no reduction in pay. If the employee is
moved to a classification with a lower pay rate, the employee will retain their
same level of pay.
Savings in time, material and manpower. The Union shall cooperate with
the Employer in an effort to reduce to a minimum all practices that results in a
loss of
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efficiency and needless expense. While it is impossible to enumerate all the
practices that might be involved, the cooperation shall include, without
limitation, the following: (1) Elimination of waste of time, (2) Avoiding waste
of materials, (3) Conservation of supplies, (4) Conservation of tools and
equipment, and (5) Reduction of absenteeism and tardiness.
ARTICLE II -UNION SECURITY
1. All employees of the Company covered by this Agreement, who are
members of the Union in good standing on the execution date of this Agreement,
shall remain members in good standing, and those who are not members on the
execution date of this Agreement shall, on the thirty-first (31st) day following
the execution date of this Agreement, become and remain in good standing with
the Union. Additionally, all employees covered by this Agreement and hired on or
after its date of execution shall, on the thirty-first (31st) day following the
beginning of such employment, become and remain members in good standing with
the Union.
ARTICLE III - DUES CHECKOFF AND UNION INITIATION FEES
1. The Employer will deduct from the wages of its employees covered
under this Agreement, all Union initiation fees and regular membership dues,
provided such deductions are individually and voluntarily authorized in writing
to the Employer. The authorizations for such deductions shall be irrevocable for
a period of not more than one (1) year or beyond the termination date of this
collective bargaining agreement, whichever occurs sooner.
2. The Employer shall remit such employee-authorized deductions to the
Union by no later than the fifteenth (15th) day of each calendar month, together
with a list showing thereon the names of employees who worked one (1) day or
more during the previous month. The list shall also show the date of employment
for all employees hired and termination date of the employees terminated during
the previous month. The list shall also show itemized detail in support of the
remitted amount of such employee-authorized Union deductions. Failure to remit
such employee-authorized deductions as herein provided within the time specified
shall be breach of this Agreement.
3. The Union agrees to save the Employer harmless from any claims,
adjustments or damages following the remittance of these monies to the Union.
4. Persons applying for employment shall not be given preferential
consideration or discriminated against because of membership or non-membership
in the Union, nor because of race, color, creed, sex, age or national origin.
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ARTICLE IV - MANAGEMENT RIGHTS
1. All management functions, whether heretofore or hereafter exercised,
and regardless to the frequency or infrequency of their exercise, shall remain
vested exclusively in the Employer. It is expressly recognized that such
functions include, but are not limited to, the right to determine the length of
the work day and the work week and when overtime shall be worked; to determine
the starting and quitting time and the number of hours and shifts to be worked;
to hire, promote, demote and transfer employees; to determine the
qualifications, efficiency and ability of employees; to determine the work load
and work performance level and to make change reasonable rules, regulations and
practices; to close down or move the business or any part thereof or curtail
operations; to discontinue its business in whole or in part and to sell or
dispose of all or any part of its assets and to participate in any form of
reorganization described in the Internal Revenue Code; to control and regulate
the use to machinery, equipment and other property of the Employer; to determine
the number of employees; to introduce new or improved production methods or
equipment. Nothing anywhere in this Agreement shall be construed to impair or
limit the right of the Employer to conduct all its business in all particulars
except as expressly modified by the Sections of this Agreement.
ARTICLE V - DISCIPLINE AND DISCHARGE
1. The Employer shall have the exclusive right to discharge any
employee for good and sufficient cause. Among other things, dishonesty; drinking
alcoholic liquor or using non-prescribed controlled substances on duty;
reporting to work under the influence of alcoholic liquor or non-prescribed
controlled substances; smoking in prohibited areas; insubordination;
inefficiency; failure to report for scheduled work at the required starting
starting time unless prior notice is given to the Employer and the reason for
such absence is approved by the Employer; incompetency by failure to perform
regular work as required; or to observe safety rules, or plant rules, which are
conspicuously posted at the said plant or plants of the Employer, shall be good
and sufficient cause for immediate discharge. With the exception of violations
considered major offenses, a warning notice will be given prior to discharge. A
warning notice will remain in the employee's file for six (6) months.
2. Any employee who believes he has been wrongfully discharged shall
have the right to secure a review of such discharge by making a written request
to his Employer for reinstatement (copy to the Union) not later than three (3)
working days from the date of the discharge. Unless within two (2) working days
of the receipt of such notice the Employer notifies the former employee that he
has been reinstated, the former employee, either alone or with the Union, may
file a written grievance to be processed
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under and pursuant to the grievance procedure hereinafter set forth. Any
discharged employee failing to strictly adhere to the foregoing notice
requirements shall be conclusively deemed to have waived his/her rights to
contest such discharge or any other matter related to or arising from his/her
employment including, without limitation, through the grievance and arbitration
procedures set forth in this Agreement unless time limits are extended by mutual
written agreement between the Employer and the Union.
ARTICLE VI - FIDELITY BOND, DONATIONS
AND PHYSICAL EXAMINATIONS
1. When an Employer requires a fidelity bond of any employee, the
premium of said bond shall be paid by the Employer.
2. Contributions and donations for all charitable purposes shall be
voluntary on the part of the employee.
3. The Employer shall have the privilege of requiring physical, mental
and/or aptitude examinations of prospective employees. However, the mental
and/or aptitude tests used should be nationally accredited and the Union shall
have the right of review of any such system instituted as to its fairness and
accuracy. Notwithstanding the foregoing, the final decision to use such
examinations shall rest exclusively with the Employer.
4. Failure to pass either of any of the above tests, or the inability
to secure bond for any prospective employee shall be deemed sufficient reason to
disqualify said person for employment. The expense of such examination shall be
borne by the Employer.
ARTICLE VII - VACATIONS
1. All employees who have been continuously employed by the Employer
for one (1) year shall receive one (1) week's vacation with pay.
All employees who have been continuously employed by the Employer for
two (2) years or more shall receive two (2) weeks' vacation with pay each year.
At the conclusion of the second year of employment and during the third through
fifth year, the employee will receive two (2) weeks' vacation with pay each
year.
All employees who have been continuously employed by the Employer for
five (5) years or more shall receive three (3) weeks' vacation with pay each
year. At the conclusion of the fifth year of employment and during the sixth
through tenth year, the employee will receive three (3) weeks' vacation with pay
each year.
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All employees who have been continuously employed by the Employer for
ten (10) years or more shall receivefour (4) weeks' vacation with pay each year.
At the conclusion of the tenth year and during every year thereafter, the
employee will receive four (4) weeks vacation with pay per year.
2. In order to qualify for vacation, a regular employee must work
forty-five (45) weeks or more during the twelve (12) consecutive months from the
date, or most recent anniversary date of the original employment of such
employee. Time lost from employment, not to exceed thirty (30) days, shall be
considered as time worked for the purpose of determing length of employment and
included in the qualifying forty-five (45) weeks mentioned above.
3. If a holiday occurs during the vacation period, employees shall
receive n extra day's pay in lieu thereof.
4. Any regular employee who has worked for a total of one (1) year who
quits or is terminated shall be entitled to all accrued vacation pay including
pro rata vacation pay of one-twelfth (1/12) of vacation pay for each month
worked during the then-current vacation year.
5. Each employee shall be paid for his vacation when it is taken.
6. Vacation pay for purposes of this Article is forty (40) hours of
straight time pay per week vacation.
ARTICLE VIII - HOLIDAYS
1. The following shall be considered as holidays under this Agreement:
New Year's Day Labor Day
Good Friday Thanksgiving Day
Memorial Day Day after Thanksgiving
Fourth of July Christmas Day
Employee's Birthday
2. If a regular employee who has completed his probationary period is
required to work and reports for work on a holiday listed in Section 1, that
employee shall receive double (2) his regular hourly rate of pay for all hours
worked in addition to regular holiday pay. Probationary employees are not
regular employees and are not eligible for holiday pay. Holiday pay shall be
considered as time worked for purposes of overtime calculations.
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3. A holiday falling within an employee's vacation period shall entitle
the employee to receive an extra day's pay.
4. Non-probationary regular employees who perform no work on any of the
holidays set forth in the Section shall receive pay for any such holiday not
worked on the basis of eight (8) hours at the employee's hourly rate, provided
that the employee has worked his last scheduled work day before and first
scheduled work day after the holiday and is not on layoff. Notwithstanding the
foregoing, any employee scheduled to work on a holiday but who fails to report
will not be eligible to receive holiday pay.
5. No more than one (1) employee in a department may be absent at a
time for the Employee's Birthday holiday. In the event that two or more
employees have the same birthday, seniority will control. If an employee's
birthday falls on a weekend day, it will be moved according to the current
practice with national holidays that fall on a weekend consistent with the
Employer's production needs.
ARTICLE IX - HOURS OF WORK AND OVERTIME
1. The normal work day shall be from 4:00a.m of one day to 4:00a.m of
the day following and the normal work week shall be from 4:00a.m. Sunday to
4:00a.m. the following Sunday.
2. The following policies regarding working hours shall apply:
A. Normal work day shall be eight (8) consecutive hours
in any twenty-four (24) hour period, except for an
unpaid lunch period which shall not exceed one (1)
hour. Such lunch period shall be granted no sooner
than four (4) hours nor more than five (5) hours from
beginning of shift.
B. Any employee whose scheduled work shift commences
between 6:00 a.m. and 12:00 noon shall be deemed to
be working the first shift; any employee whose
scheduled work shift commences between 12:00 noon and
6:00 p.m. shall deemed to be working the second
shift: and, any employee whose scheduled work shift
commences between 6:00 p.m. and 6:00 a.m. shall be
deemed to be working the third shift; provided,
however, that any employee whose work commences
between 4:00 a.m. and 6:00 a.m. of the third shift
shall receive the second shift premium.
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C. There shall be no split shifts except in the case of
the plant breakdown occasioned by causes over which
the Employer has no control.
D. The normal work week shall consist of five (5)
consecutive days but the employees on the last work
day of their respective work week shall be informed
of the days and the shift they are scheduled to work
in the following week and the two days they are
scheduled to have off.
3. All regular employees (non probationary) who report for work at the
commencement of any seven (7) day work week will normally be guaranteed forty
(40) hours of work or the equivalent in straight time pay per week worked. This
guarantee will not be applicable if failure to provide a forty (40) hour week or
the equivalent in straight time pay results from Acts of God, government
directives, power failures, strikes, earthquake, inclement weather, fires,
breakdown of machinery, a shortage of meat, or conditions beyond the control of
the Employer including a lack of or changes in customer orders. The Union
reserves the right to grieve the lack of or changes in customer orders..
Additionally, the work week guarantee will not apply to employees who are
recalled from layoff during the week in which they are recalled.
The Employer will have the right once every anniversary year, to reduce
the guaranteed work week from forty (40) to twenty-four (24) hours, for six (6)
weeks or less, provided that the Union is given notice no later than noon on
Friday of the previous week that the guarantee will be changed.
4. A shift premium of ten cents (10(cent)) per hour will be paid to all
employees working the second shift and a premium of fifteen (15(cent)) per hour
to all employees who work the third shift. It is further provided that all
production work, cleanup and maintenance excused, performed between 12:00
midnight Saturday and 12:00 midnight Sunday shall be paid for at time and
one-half (1 1/2) the employee's regular rate of pay. Employees regularly
scheduled to work such premium shifts shall receive such shift premium for all
hours paid for but not worked, i.e., holidays, vacations and industrial accident
leaves.
5. All worked performed by an employee in excess of eight (8) hours in
any one (1) day or forty (40) straight time hours in any one (1) week shall be
compensated at the rate of time and one-half (1 1/2) the employee's regular
hourly rate. Double (2) time will be paid for all time worked over twelve (12)
hours in one (1) day. No employee will be required to work more than fourteen
(14) hours in any work day.
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6. When a holiday named herein falls on a regular assigned work day,
overtime shall be paid for all work performed in excess of thirty-two (32) hours
in that week.
7. Time and one-half (1 1/2) the employee's regular hourly rate will be
paid for all work performed on the sixth day worked by such employee in his
regularly scheduled work week, provided such employee has previously worked at
least forty (40) straight time hours in such regularly scheduled work week.
Double (2) time will be paid for time worked by an employee on the seventh
consecutive day worked by him in his regularly scheduled work week.
8. All employees shall report for work and be ready for work at a time
designated by the Employer. An employee's time shall start at a time designated
by the Employer.
9. All employees shall receive a rest period of ten (10) minutes with
pay in each half of their respective work shift. No employee shall be required
to work more than two and one-half (2 1/2) hours without such ten (10) minute
break.
10. Employees must accept overtime assignments of up to twelve
consecutive hours of employment.unless they have a reasonable or justifiable
excuse for refusing such work
11. When the same hours worked fall under than one premium provision
(overtime), only the highest overtime rate shall apply and there shall be no
pyramiding of overtime rates for the same hours worked.
12. If employees have not been properly notified not to report to work
and they report to work on time, they shall receive a minimum of four hours (4)
hours' pay at their regular hourly rate of pay. In such event, these employees
may be assigned to work other than the work they regurly perform. If the failure
of the Company to notify an employee not to report for work is brought about by
conditions beyond the control of the Company, this Section shall not apply. If
an employee quits before completion of four (4) hours, he shall be paid only for
hours worked.
13. Payday shall be a day designated by the Company. Employees who are
working shall receive their checks during their regular working hours. Employees
not working may receive their checks at the office anytime during office hours.
ARTICLE X - BULLETIN BOARD AND UNION VISITS
1. The employer shall provide a bulletin board to be used for Union
notices.
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2. If necessary in order to carry out the terms of this Agreement, a
representative of the Union shall, after notifying the Employer of his desire to
enter the plant, have the right to do so, provided there is no interference with
production. It is understood that the Union will at all times attempt to conduct
Union affairs off the Employer's premises and on the Union's and the employee's
own time.
ARTICLE XI - SENIORITY
1. For the purpose of this Agreement, seniority shall mean the length
of an employee's last period of continuous service.
2. An employee who has less than ninety (90) work days of service is a
probationary employee. During said period an employee shall acquire no seniority
and may be released or discharged at the sole option of the Employer without
regard to the provisions of this Agreement. The probationary period may be
extended by the Employer for any breaks in service occurring during such period.
Following the expiration of the probationary period, seniority shall relate back
to the date of hire.
3. An employee shall lose all earned seniority if:
(a) He resigns employment;
(b) He is discharged for cause;
(c) He is laid off for more than six (6) months;
(d) He is laid off and fails to report to work within
forty-eight (48) hours after notice by registered
mail sent to his last known address; or
(e) He fails to report for work at the expiration of an
approved leave or absence.
4. In the filling of vacancies in hourly paid production and
maintenance jobs and on layoffs in such jobs and in the assignment of overtime,
the Employer shall consider skill, ability, experience, and seniority, and where
skill, ability and experience of any two or more employees are relatively equal,
seniority shall govern. All alleged abuse of discretion under this section shall
be subject to the grievance procedure, including arbitration.
5. A new seniority list will be sent to the Union every six (6) months
with the employee's name, date of hire and social security number.
ARTICLE XII - GRIEVANCE PROCEDURE
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1. During the life of this Agreement, if any differences arise between
any employee and the Employer involving the meaning or application of the terms
of this Agreement which such employee desires to have considered by the
Employer, he shall within three (3) days of the date on which such difference
first arises present and discuss the same with his immediate supervisor, and
both the employee and his supervisor shall make a bona fide effort to amicably
settle difference. If the employee so desires he shall be allowed to have the
Union shop xxxxxxx aid in presenting any such differences.
2. In the event such difference is not settled as aforesaid and the
employee desires further consideration thereof, it shall be deemed a grievance
and presented in the manner hereinafter set forth.
A. Said grievance must be presented to the Employer in
writing, within an additional period of three (3)
days following the decision of the employee's
immediate supervisor concerning the grievance, by the
employee involved or by the employee and his Union
representative.
B. If no satisfactory settlement is reached within seven
(7) working days of the written presentation of the
grievance under Step A, the Business Agent shall
notify in writing the Plant Superintendent, Assistant
Plant Superintendent, or Company Officer, of the
Union's desire to move the alleged grievance to Step
B. Step B shall consist of a meeting between the
Union Business Agent and a repensentive of the
Company. Both the Union Business Agent and the
Company may, if they choose, have legal counsel at
such meeting. Such meeting shall take place, if at
all possible, within five (5) working days of
notification by the Union Business Agent of the need
for Step B. In the event that the alleged grievance
is not resolved in Step B, the matter may then move
to the next step.
C. Within forty-eight (48) hours of the Step B meeting
upon written demand of either party, the grievance
shall be submitted to arbitration. In the event a
demand for arbitration is made, the requesting
parties shall request the American Arbitration
Association to supply a list of seven (7) proposed
arbitrators. Each party shall thereafter alternately
strike one name from the list, and the final name
remaining shall be selected as the arbitrator. The
question to be arbitrated shall be reduced to writing
and signed by both parties, and the arbitrator shall
have no right or authority to enlarge the question to
be arbitrated or to modify, amend, add to, or in any
way change the terms of this Agreement. The costs of
the arbitrator shall be borne equally by the parties.
The arbitrator
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shall render his decision within fourteen (14) days
of the date question is finally submitted to him for
decision. All decisions of the arbitrator will be
final and binding upon both parties.
D. All grievances and requests for arbitration not filed
with the Employer in the time limits specified in
this Agreement, or as mutually extended or waived,
shall be barred for all purposes. The arbitrator
shall not have the authority to ignore or excuse any
failure to comply with time limits set forth in this
section, no matter what reason is advanced for any
such failure, and any untimely grievance shall not be
eligible for further consideration.
ARTICLE XIII - NO STRIKE
1. During the term of this Agreement, there shall be no strike,
picketing, slow down, or sympathy strike, by the Union, its members, or any
individual covered by this Agreement. The Employer agrees that neither it nor
its representatives will put into effect any lockout during the term of this
Agreement.
2. It shall not be a violation of this Agreement nor cause for
discharge or disciplinary action for any employee to refuse to cross a
legitimate, bona fide, primary picket line sanctioned by the Joint Council of
Teamsters No. 42.
3. It shall not be a violation of this Agreement nor cause for
discharge or disciplinary action for any employee to refuse 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 strike,
would be performed by the employees of the employer or person on strike,
provided such strike is sanctioned by the Joint Council of Teamsters No.42.
ARTICLE XIV - LEAVE OF ABSENCE
1. All regular full-time employees with seniority requesting a leave of
absence for reasonable cause may request the same in writing from the Employer.
A written leave of absence without pay may be granted for not more than ninety
(90) days at the sole discretion of the Employer. Copies of all leaves of
absences shall be mailed to the Union. Employees on leave of absences shall not
receive either holiday pay or vacation credit. The Employer's decisions
concerning leaves of absence shall be final for all purposes and for all persons
and shall not be subject to the grievance and arbitration procedures.
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2. Leaves of absence shall be granted for pregnancy, childbirth and
family care in accordance with the Family and Medical Leave Act and state law.
Whenever possible, the employee must notify the Employer at least 30 days in
advance of the need for a leave. Employees must also notify the Employer at
least two (2) weeks in advance when returning from a leave of fifteen (15) days
or more.
ARTICLE XV -WAGES SCALES AND JOB CLASSIFICATIONS
1. A schedule of classifications and minimum wages for the employees
covered by this Agreement is attached as Schedule A. If the Employer establishes
any new job classifications in the cooked roll department expressly covered by
this Agreement during the life of this Agreement, the Union may, if it disagrees
with the rates established, negotiate over such rates with the Employer.
ARTICLE XVI - HEALTH AND WELFARE
1. The Employer shall provide its own insurance carrier for health care
benefits for its employees and their dependents. For the purpose for this
article, it is agreed that contributions will be made on all regular, full-time
employees only. Effective July 1, 2000 through June 30, 2001, employee
contribution rates shall be as follows:
Employee Only -- Zero
Employee and one dependent -- $30.00
Employee and two or more dependents -- $37.00
2. The Company will review the insurance plan and employee contribution
rates on and annual basis. Any changes will be announced annually. With respect
to any increase from July 1, 2001 and thereafter from the base rates paid by the
Company currently (single $121.47; single plus one $358.89; and family $358.89)
the Company may pass through no more than 50% of the increase on an annual
basis. Upon request by the Union, the Company will discuss the status of the
benefits and amounts charged to the employees provided that the final decision
regarding such benefits and amounts shall rest solely with the Employer.
ARTICLEXVII - INDUSTRIAL INJURY LEAVE
1. All regular full-time employees covered by this Agreement who have
been continuously employed by the Company for a period of one (1) year or more,
shall, commencing January 1, be credited with thirty-two (32) hours of
industrial injury leave.
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2. Industrial injury leave with pay shall be applicable only in cases
of work related accidents and shall be paid in the following manner:
Industrial injury benefits will commence
on the fourth (4th) work day's absence
after an accident, and will be paid for
each succeeding scheduled work day's
absence at the rate to eight (8) hours pay
for each day, minus applicable worker's
compensation benefits, until such benefit
allowance is used up.
3. For the purpose of this Article, hours pay is at the affected
employee's regular straight-time hourly rate in effect at the time such
industrial injury leave is taken.
4. Industrial injury leave benefits are not cumulative from year to
year.
5. It is understood that the industrial injury leave provisions set
forth in this Article are provided to assure that reasonable absence from work
due to accident will not result in loss of wages to the employee involved to the
extent of leave credits available.
ARTICLE XVIII - LONGEVITY CLAUSE
1. All employees on their sixth (6th) anniversary, shall receive a five
cent (5(cent)) per hour premium and on their tenth (10th) anniversary an
additional five cents (5(cent)) per hour premium. This means that employees who
presently have from six (6) to nine (9) years seniority will receiving a five
cent (5(cent)) premium and those with ten (10) of more years will receive a ten
cent (10(cent)) per hour premium.
ARTICLE XIX - JURY DUTY
1. Any employee (excluding probationary employee) who is summoned to
serve on a jury and thereby is unable to perform his regularly scheduled work
shall, upon submission of proper evidence, be paid a sum of money equal to the
difference between the straight time hourly earnings for the actual time lost,
but not to exceed eight (8) hours per summons and only to advise the court that
it would be a hardship to serve as a juror.
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2. Jury pay paid under this article will be limited to pay for up to
eight hours per summons.
ARTICLE XX - SICK LEAVE
1. Each employee with one or more years of seniority will earn one (1)
day of paid sick leave per year. To qualify for each day of sick pay, an
employee must provide a doctor's slip indicating that he or she was absent
because of illness or injury. Employees will be allowed to accumulate up to ten
(10) days of paid sick leave. Employees who terminate will receive any unused
sick leave in their final paycheck.
ARTICLE XXI - SAFETY EQUIPMENT
The Company will supply production and sanitation employees' rubber
gloves and rubber boots for use at work only. Employee agrees to maintain safety
equipment in good working order.
ARTICLE XXII - NEW LOCATIONS
1. In the event the Employer moves the location of its present
operation to a location within the geographical jurisdiction of Joint Council
Teamsters No. 42, this Agreement will remain in full force and effect with
respect to the classifications covered herein.
The Employer agrees to offer employment to all employees covered by
this Agreement employment at its new place of business should the Employer move
to 000 X. Xxxxxxx Xxxxxx, Xx Xxxxx, Xxxxxxxxxx on or before the expiration of
the Agreement.
ARTICLE XXIII - SUBCONTRACTING
1. The Employer agrees that no work regularly performed by present
employees covered by this Agreement will be subcontracted for the duration of
this Agreement, if such subcontracting will cause any employee represented by
the Union to lose his job, without first discussing the matter with the Union.
14
ARTICLE XXIV - NOTICES
1. Written notices required under this Agreement will be considered as
given when the same have been sealed in an envelope, addressed as specified
below, registered, postage prepaid, and deposited in the United States Mail.
TO THE UNION: TO THE COMPANY:
000 Xxx Xxxx Xxxx 0000 Xxxx Xxxxxxx Xxxx.
Xxxxxx, XX 00000 X.X. Xxx 0000
Xxxxxxxxxx, XX 00000-0000
Either party may change the place to which notices must be sent by
written notification.
ARTICLE XXV - TERMINATION
1. This Agreement shall remain in full force and effect from April 1,
2000 to March 31, 2005, inclusive, and shall automatically renew itself from
year to year thereafter, unless at least sixty (60) days and not more than
ninety (90) days before the termination date, or succeeding anniversary date
thereof, following automatic renewal, either party gives notice to the other of
desire to amend, add to, or terminate this Agreement.
15
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
this _______ day of __________, 2000.
WHOLESALE AND RETAIL FOOD CUSTOM FOOD PRODUCTS, INC.
DISTRIBUTION, TEAMSTERS
LOCAL UNION NO. 63
BY: _____________________________ BY: ____________________________
DATE: __________________________ DATE: _________________________
16
SCHEDULE A
MINIMUM WAGE RATES
After After After
Start 6 Mos. 1 Year 18 Mos.
----- ----- ----- -----
4/01/00 $6.15 $6.30 $6.45 $6.60
Employees who are above the scale will receive a twenty cent ($.20)
increase effective April 1, 2000 (retroactive); a twenty five cent ($.25)
increase effective April 1, 2001; a twenty five cent ($.25) increase effective
April 1, 2002; and a thirty cent ($.30) increase effective April 1, 2003 and a
thirty cent ($.30) increase effective April 1, 2004.
17
EXHIBIT A
EMPLOYEE CLASSIFICATIONS
Union Employees
Mar-00
NAME ROLL PRODUCTION CLASSIFICATION
---- ------------------------------
Xxxxxxx, Xxxxxxx Quality Control
Xxxxxxx, Xxxx Xxxxx Quality Control
Xxxxxxx, Xxxxxxx Xxxx Maintenance
Xxxxxxx, Xxxxxx Production
Xxxxxxxx, Xxxx Maintenance
Xxxxxxxx, Xxxx Production
Xxxxxxxx, Xxxxxx Production
Xxxxxxx, Xxxxx X. Production
Xxxxxxxxx, Xxxx Maintanence
Xxxxxxxx, Xxxxxxxx Sanitation
Xxxxxx, Xxxx X. Maintenance
Xxxxxxx, Xxxxx Production
Xxxxx, Xxxx Xxxx Production
Xxxxxx, Xxxxx Production
Xxxxxxxx, Xxxxx Production
Xxxxxx, Xxxxxxx Production
Xxxxx, Xxxxxxx Production
Xxxxxx, Xxxxxxxx X. Sanitation
Xxxxxxxx, Xxxxxxx Production
Xxxxxxxxx, Xxxx X. Sanitation
Xxxxxxxx, Xxxx Production
Xxxxxxxx, Xxxxx Production
Xxxxxxx, Xxxxx Xxxxxx Production
Xxxxxx, Xxxxxxx Xx. Production
Xxxxxxx, Xxxxxxxx Production
Xxxxxxx, Xxxxxxxxx Production
Xxxxx, Xxxxx Production
Xxxxxxx, Xxxx X. Production
Xxxx, Xxxxx Production
Xxxxxx, Xxxxxx Production
Xxxxx, Xxxxxx Production
Xxxxxx, Xxxxxxxx Production
Xxxxxx, Xxxxxxxx X. Maintenance
Xxxxxx, Xxxxx Production
Xxxxxx, Xxxxx Del Xxxxxxx Quality Control
======================================================================
Total 34
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