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EXHIBIT 10(h)
NATIONAL COLLECTIVE BARGAINING AGREEMENT
By and Between:
LIZ CLAIBORNE, INC. AND
UNION OF NEEDLETRADES, INDUSTRIAL AND TEXTILE EMPLOYEES
(UNITE)
Effective: June 1, 2000
Expires: May 31, 2003
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TABLE OF CONTENTS
ARTICLE 1: UNION RESPONSIBILITY - 2 -
ARTICLE 2: BARGAINING UNIT AND UNION RECOGNITION - 3 -
ARTICLE 3: UNION MEMBERSHIP - 4 -
ARTICLE 4: EMPLOYER'S OBLIGATIONS - 6 -
ARTICLE 5: AFTER ACQUIRED AND NEW FACILITIES - 6 -
ARTICLE 6: TRIAL PERIOD - 7 -
ARTICLE 7: HIRING RATES AND MINIMUM WAGE SCALES - 8 -
ARTICLE 8: CHANGE IN LEGAL MINIMUMS - 8 -
ARTICLE 9: COST OF LIVING ADJUSTMENT - 9 -
ARTICLE 10: JOB SECURITY/HANDLING AND DISTRIBUTION OF PRODUCT - 10 -
ARTICLE 11: CHANGE IN PAY SYSTEMS - 11 -
ARTICLE 12: WAGE INCREASES - 11 -
ARTICLE 13: CHECK-OFF - 12 -
ARTICLE 14: NO DISCRIMINATION - 12 -
ARTICLE 15: EMPLOYMENT STANDARDS - 13 -
ARTICLE 16: HEALTH AND SAFETY - 14 -
ARTICLE 17: HOURS OF WORK AND OVERTIME - 15 -
ARTICLE 18: TEMPORARY EMPLOYEES - 15 -
ARTICLE 19: HOLIDAYS, PERSONAL DAYS/PAID TIME OFF AND SICK DAYS - 16 -
ARTICLE 20: BEREAVEMENT LEAVE - 18 -
ARTICLE 21: SHOP XXXXXXX - 18 -
ARTICLE 22: SENIORITY/LAYOFF - 18 -
ARTICLE 23: WORK ASSIGNMENTS - 19 -
ARTICLE 24: DISCHARGES - 19 -
ARTICLE 25: LEAVES OF ABSENCE - 19 -
ARTICLE 26: TIME CLOCK - 21 -
ARTICLE 27: RIGHT TO VISIT SHOP - 22 -
ARTICLE 28: EMPLOYEE BENEFIT FUNDS - 22 -
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ARTICLE 30: GRIEVANCES AND ARBITRATION - 30 -
ARTICLE 31: NO STRIKE/NO LOCKOUT PLEDGES - 33 -
ARTICLE 32: NO REDUCTION OF WAGES OR OTHER BENEFITS - 33 -
ARTICLE 33: STRUCK WORK-LABOR DISPUTE CROSSING PICKET LINES - 34 -
ARTICLE 34: TEMPORARY APPOINTMENT TO UNION STAFF - 35 -
ARTICLE 35: CONFORMITY TO LAW - 35 -
ARTICLE 36: JURY DUTY - 35 -
ARTICLE 37: UNION ACTIVITIES - 36 -
ARTICLE 38: JOINT LABOR-MANAGEMENT COMMITTEE - 36 -
ARTICLE 39: VACATIONS - 36 -
ARTICLE 40: CUTTING - 37 -
ARTICLE 41: REPORTING PAY - 37 -
ARTICLE 42: NO WAIVER - 37 -
ARTICLE 43: MANAGEMENT RIGHTS - 37 -
ARTICLE 44: DURATION OF AGREEMENT - 38 -
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THIS AGREEMENT is made and entered into as of June 1, 2000 by and between
LIZ CLAIBORNE INC., (hereinafter designated as the "Company") and the Union of
Needletrades, Industrial and Textile Employee (hereinafter designated as the
"Union" or UNITE").
W I T N E S S E T H:
WHEREAS, the Company is engaged in an integrated process of production,
handling and distribution of garments; and
WHEREAS, the Employer owns or leases and operates several distribution
centers and samplerooms in which the Union represents the majority of the
employees employed by the Employer, and the Employer recognizes the Union as the
exclusive bargaining representative of its warehouse and sampleroom employees;
and
WHEREAS, the various distribution centers and samplerooms have been
governed by separate collective bargaining agreements covering individual
facilities; and
WHEREAS, to provide uniformity of conditions and ease of administration,
the parties choose to consolidate the separate bargaining units and collective
bargaining agreements into a national multi-plant agreement, to be supplemented
by local agreements covering specific facilities; and
WHEREAS, the Employer and the Union are parties to a Jobber's Agreement
which governs, among other things, the Employer's use of contractors to produce
its garments but does not govern the terms and conditions of employment of any
of the employees of the Employer; and
WHEREAS, the parties desire to cooperate in establishing conditions which
will tend to secure a living wage, fair conditions and standards of employment
and to provide for a fair and peaceful adjustment of all disputes so as to
secure uninterrupted operation of work.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE 1: UNION RESPONSIBILITY
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The Union shall have the sole responsibility for administering and
enforcing this Agreement and for obtaining compliance with its terms. The sole
persons authorized or having the power to act as agents of the Union, or to bind
the Union legally with respect to matters arising out of this Agreement or
arising out of the relations between the Employer and the Union, or to subject
the Union to any liability whatever by reason of any acts or omissions is the
President of the Union and the managers of the signatory Locals thereof or such
substitute or additional persons as the Union may hereafter formally designate
by written notice to the Employer. The Union shall not be responsible for the
acts or omissions of any other person, including members and employees of the
Union.
ARTICLE 2: BARGAINING UNIT AND UNION
RECOGNITION
2.1 The scope of the bargaining unit covers the following distribution centers
and samplerooms presently located at:
0 Xxxxxxxxx Xxxxxx, Xxxxx Xxxxxx, XX
0 Xxxxxxx Xxxx, Xxxxxxxx, Xxx Xxxxxx
00 Xxxxxx Xxxxx, Xxxxxxxxx, Xxx Xxxxxx
0000 Broadway and 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx
0 Xxx Xxx, Xx. Xxxxxx, Xxxxxxxxxxxx, including Pocono 2
000 Xxxxxx Xxxxxxx, Xxxxxxxxxx, Xxxxxxx
00 Xxxxxxxx Xxxx, Xxxxxx, Xxx Xxxxxx
0000 Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxxxx
000 Xxxxxx Xxxxxxxxx, Xxxxxx, Xxx Xxxxxx
2.2 The bargaining unit consists of all distribution center and sampleroom
employees, including cutters and related crafts, employed by the Employer at the
covered facilities. Local supplemental agreements may further define the
bargaining unit at specific facilities. It is agreed that the Union represents a
majority of said employees and that during the term of this Agreement the Union
shall be the sole and exclusive bargaining representative of all employees in
the bargaining unit as hereinabove described. Office, clerical, supervisory and
executive employees, as well as any employees who may be employed at the retail
facility at any location, are excluded from the provisions hereof.
2.3 "Workers" or "employees" as used in this Agreement means those employees
covered by the bargaining unit as well as those who may be hereinafter included.
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2.4 This Agreement shall be the National Agreement. There shall be Supplemental
Agreements which govern certain terms and conditions of employment at individual
facilities. In case of conflict between this National Agreement and a
Supplemental Agreement, the Supplemental Agreement shall govern. Any dispute
unresolved as to whether a conflict exists between the National and a
Supplemental Agreement or whether a particular dispute is subject to resolution
under the provisions of the National or a Supplemental Agreement shall be
subject to arbitration pursuant to Article of this National Agreement.
ARTICLE 3: UNION MEMBERSHIP
3.1 Good standing membership in the Union shall be a condition of employment
with the Employer for all bargaining unit employees who have such membership on
the date of execution of this Agreement; it shall also be a condition of
employment with the Employer for all other bargaining unit employees on and
after the thirtieth (30th) day following the execution or effective date of this
Agreement, or on or after the thirtieth (30th) day following the beginning of
their employment, whichever is the later. If the foregoing is prohibited by law,
then at the corresponding time all employees shall be required as a condition of
employment (unless prohibited by law) to pay to the Union a service charge to
reimburse it for the cost of negotiating and administering this agreement.
3.2 Good standing membership in the Union for purposes of this Article means
such membership in the Union through membership in any affiliate of UNITE.
3.3 In the event that paragraph may not be lawfully applied, all employees shall
be informed by the Employer of the existence of this Agreement and the terms
thereof and shall be advised by the Employer that, in its opinion, good
labor-management relations are and will be best served and promoted if such
employees become and remain members of the Union. The Employer agrees to
implement and promote this provision by posting copies of the following notice
near all time clocks and in other prominent places such as bulletin boards in
its plants:
"NOTICE TO ALL EMPLOYEES"
This plant is being operated under the terms of an agreement with the Union
of Needletrades, Industrial and Textile Employees, AFL-CIO. All wages, hours and
other conditions of employment are regulated by the terms of this agreement.
Good labor management relations will be best served and promoted, in our
opinion, if all our employees covered by this agreement become and remain
members of this Union.
Signed:
Name of Employer:
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ARTICLE 4: EMPLOYER'S OBLIGATIONS
All of the terms and provisions of this Agreement shall be binding upon the
Employer and upon its subsidiaries, successors and assigns. In the event the
Employer sells or transfers its business to another, it shall nevertheless
continue to be liable for the complete performance of the terms and provisions
of this Agreement by the purchaser or transferee until the purchaser or
transferee expressly, in writing, assumes such performance and agrees to be
fully bound by the terms and provisions of this Agreement.
ARTICLE 5: AFTER ACQUIRED AND NEW FACILITIES
5.1 This National Agreement shall be binding on those presently existing
facilities described in Article above as well as all future facilities operated
by and either owned or leased by the Employer, but not including retail stores.
Local conditions for any future or after-acquired facility shall be negotiated
between the Employer and the Union.
5.2 When the Employer acquires a new facility by merger, acquisition or
consolidation, it shall advise the Union within one (1) year after such merger,
acquisition or consolidation whether the facility will be maintained by the
Employer or disposed of in some fashion. If the Employer advises the Union that
the facility will not be maintained by the Employer, then the Employer either
must dispose of the facility within six (6) months from the date of such notice
(unless the parties mutually agree to an extension) or Article will apply. If
the facility is maintained by the Employer, this Agreement shall become binding
on that facility no later than eighteen (18) months from the date that the
facility was initially acquired.
5.3 If the facility is a manufacturing facility, the time periods set forth
in Article above will apply, but the employees of said manufacturing facility
will be treated as a separate bargaining unit, and a separate collective
bargaining agreement will be negotiated by the parties for that facility.
ARTICLE 6: TRIAL PERIOD
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The first thirty (30) calendar days of employment for newly- hired
employees shall be deemed their trial period during which time they may be
discharged without regard to cause. The trial period may be extended for another
fourteen (14) calendar days with the written consent of the Union. Upon the
expiration of the trial period, the newly-hired employee will be deemed a
regular employee. The trial period shall not be abused by the Employer and any
claim of abuse shall be the subject of arbitration hereunder.
ARTICLE 7: HIRING RATES AND MINIMUM WAGE SCALES
7.1 The hiring rates in effect in the various facilities and job
classifications, if any shall be set forth in the local Supplemental Agreements.
7.2 All hiring rates at all facilities covered by this agreement shall increase
$0.25 effective June 4, 2001 and an additional $0.25 effective June 3, 2002. The
hiring rates may not be decreased. They may increase only upon mutual agreement
of the parties.
7.3 Upon satisfactory completion of the trial period, an employee shall receive
an additional $0.50 per hour.
7.4 All employees who have completed their trial period as of June 1, 2000 shall
receive at least $0.25 an hour above the newly-established minimum wage rate in
Paragraph . Employees who are in their trial period on June 1, 2000 shall
receive the greater of the wage increase effective on June 3, 2000 or $0.50
above the June 3, 2000 hiring minimum, but not both.
ARTICLE 8: CHANGE IN LEGAL MINIMUMS
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If, during the term of this Agreement, a new applicable federal or state
minimum wage law is enacted or becomes effective which increases the applicable
minimum wage hereunder, then the minimum wage set forth herein shall be
automatically increased so that such minimum wage shall be no less than 15%
above any newly-established state or federally mandated legal minimum
ARTICLE 9: COST OF LIVING ADJUSTMENT
Should the cost of living, as reflected in the U.S. Consumer Price Index for the
period of June 2000 through November 2001 increase ten (10%) percent over the
consumer Price Index for May 2000, as published in June 2000, then the regular
hourly wages of all employees shall be increased ten cents ($0.10) per hour.
Additionally, hourly increases of five cents ($0.05) per hour shall be paid for
each additional increase in the cost of living of one-half of one percent (.5%).
Cost of living increases payable under this provision shall not exceed
twenty-five cents ($0.25) per hour. Rises in the consumer Price Index shall be
measured over an eighteen (18) month period, as set forth above, by utilizing
the consumer Price Indices for the Urban Wage Earners and clerical workers, U.S.
Cities, Average, printed and released in the months of July 2000 through
December 2001. Wage increases due hereunder shall be effective January 4, 2002.
ARTICLE 10: JOB SECURITY/HANDLING AND
DISTRIBUTION OF PRODUCT
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10.1 No employee shall be involuntarily permanently laid off as a direct result
of the Employer's use of a third party contractor to distribute its product.
10.2 To protect the job security of the employees of the Employer and to
preserve labor standards among workers who are employed in the integrated
process of production of the Employer's garments, the parties agree to the
following:
In the event the Employer engages a third party contractor to operate a
distribution facility entirely dedicated to the distribution of the Employer's
garments for a period in excess of two (2) years, or if the Employer engages a
third party contractor where the Employer's garments will take over 50% of the
square footage of the third party's facility for more than three (3) months,
such third party contractor must have a collective bargaining relationship with
UNITE or an affiliate thereof.
10.3 Subject to the protections set forth above, nothing contained herein or in
any Local Supplement shall be deemed to restrain the Employer in its
determination as to the methods or means by which its products are handled and
distributed, including, but not limited to, the allocation of products and
functions among the Employer's facilities or the use of facilities not owned,
leased or operated by the Employer.
ARTICLE 11: CHANGE IN PAY SYSTEMS
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The Employer reserves the right to change the method of payment for some of
the general distribution or quality assurance employees to an incentive system.
Employees on the incentive system shall not be paid less than their current
hourly rate. The Union may assert reasonable challenges to the fairness of the
proposed incentive system. Any disputes regarding the implementation of such
systems may be submitted to the arbitrator for resolution.
ARTICLE 12: WAGE INCREASES
12.1 The wage increases for employees shall be as follows:
Effective June 5, 2000, employees shall receive a wage increase of $0.75
per hour.
Effective June 4, 2001, employees shall receive a wage increase of $0.60
per hour.
Effective June 3, 2002, employees shall receive a wage increase of $0.55
per hour.
12.2 To correct market-created inequities and to promote greater uniformity
among facilities, the employees at the Mt. Pocono, PA and Montgomery, AL
facilities shall receive a raise of $0.25 effective June 5, 2000 in addition to
any other wage increases.
ARTICLE 13: CHECK-OFF
13.1.1 Subject to the requirements of law concerning authorization and
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assignment by the employees individually, the Employer shall deduct membership
dues (which shall be deemed to include periodic fixed dues, initiation fees and
assessments) or, to the extent permitted by law, service charges, from the
earnings of its employees monthly and transmit the same to the Union within 48
hours thereafter.
13.2 The Employer agrees to honor check-off authorizations for political
contributions to the UNITE Campaign Committee and AFL-CIO COPE from employees
who are members of the Union.
13.3 Sums deducted by the Employer under the provisions of Paragraphs and this
Article shall be kept separate and apart from general funds of the Employer and
shall be held in trust by the Employer for the benefit of the Union, the UNITE
Campaign Committee, and AFL-CIO COPE, as the case may be.
ARTICLE 14: NO DISCRIMINATION
The Employer shall not discriminate against any employee on the basis of
race, creed, religion, color, national origin, sex, age, sexual orientation,
citizenship status, disability, veteran's status or membership in or activities
on behalf of the Union, unless required by this Agreement. The Employer,
however, shall not employ children or adolescents where such employment is
prohibited by an applicable federal or state law or regulation.
ARTICLE 15: EMPLOYMENT STANDARDS
15.1 All wages, earnings, overtime and holiday pay shall be paid on the day they
were customarily paid, but no later than the Friday following the week in which
they were earned.
15.2 The Employer shall not charge an employee for any damage to materials
unless caused willfully.
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15.3 The Employer shall supply necessary machines and tools to its employees.
15.4 No officer of the Employer, supervisory employee or any other person
outside of the bargaining unit shall perform any work covered by this Agreement,
except as specified in Article or in the event of unexpected absenteeism, an
emergency, or for training purposes.
15.5 All paid breaks shall be fifteen (15) minutes.
15.6 Employees may elect to receive their pay by having the Employer make a
direct deposit to the employee's designated account.
15.2
ARTICLE 16: HEALTH AND SAFETY
16.1 The Employer shall fully comply with all standards, laws and regulations of
health, sanitation and safety, including all regulations of the local fire
department.
16.2 The Employer shall provide an adequate number of drinking fountains.
Restrooms and work areas shall be kept in a clean, sanitary condition, and will
be well-lighted and heated. Air conditioning shall be maintained in the
Employer's facilities where it currently exists.
16.3 A worker may refuse to perform work which he reasonably believes would pose
a serious threat of injury or illness.
16.4 The Employer shall be exclusively responsible for health, safety and
sanitation conditions in its shop. Neither the Union nor its agents or
representatives shall be liable for any job-related injury, illness or death.
16.5 The Joint Labor-Management Committee set forth in Article shall address
issues of health and safety and may make recommendations for the correction of
unsafe or harmful conditions and practices and may make
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recommendations for rules and procedures to prevent accidents and disease and
for the promotion of the health, safety and sanitation of the workers.
16.5.1 The Employer shall facilitate limited safety training of employees
by, at the Union's request: 1) providing one day's paid leave of absence per
year to one employee in each shop designated by the Union to attend health and
safety training, and 2) permitting all employees to participate in one paid hour
per year of safety training in the shop during working time. The parties shall
schedule such training at a mutually convenient time. This safety-training
paragraph does not diminish in anyway the Employer's responsibility to provide a
safe and healthful workplace under this Agreement. The Union will provide such
training only to the extent feasible and is not obligated to provide such
training.
ARTICLE 17: HOURS OF WORK AND OVERTIME
The provisions governing hours of work and overtime, including overtime
premiums shall be set forth in the local supplemental agreements covering the
individual facilities and the practices developed thereunder shall continue.
ARTICLE 18: TEMPORARY EMPLOYEES
18.1 The Employer, from time to time, may have the need for additional temporary
employees. Such temporary employees shall not be employed by the Employer for
longer than forty (40) consecutive days.
18.2 Temporary employees shall not be considered to be in the bargaining unit.
The temporary employees shall be informed of their temporary status when hired
and shall acknowledge the same in writing, a copy of which shall be provided to
the Union.
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18.3 In the event that a temporary employee remains employed beyond the forty
(40) day period, then such employee shall be placed in the bargaining unit and
benefit fund contributions for that employee shall be paid retroactively form
the original date of hire. Union obligations for such employee shall be computed
on the basis of the original date of hire.
18.4 The Employer shall not employ temporary employees if any of the bargaining
unit employees performing such work are on layoff. The Employer agrees that the
job security and earning opportunities shall not be diminished for the regular
bargaining unit employees when temporary employees are used. The Employer shall
not abuse its right to use temporary employees to avoid hiring regular
bargaining unit employees.
ARTICLE 19: HOLIDAYS, PERSONAL DAYS/PAID TIME
OFF AND SICK DAYS
19.1 Each Supplemental Agreement shall set forth the number of designated
holidays and sick days, personal days or paid days off that shall be granted.
Employees shall be eligible for holidays at time of hire and those employees who
have completed their trial period shall be eligible for paid time off, sick
days, personal days or paid days off.
19.2 Employees may refrain from working one (1) additional day each year on a
national or ethnic holiday of their choice, but without pay.
19.3 An employee shall not be eligible for holiday pay if:
19.3.1 He or she is absent from work on the work day immediately before or after
the holiday, except for a justifiable cause, which shall include absence from
work when the shop is not in operation; or
19.3.2 He or she becomes disabled and the holiday falls on a day beyond the
sixtieth (60th) day after the said employee last worked in the shop.
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19.4 When personal days are provided, they must be scheduled with the approval
of the Employer. Sick days and/or personal days may be taken in one-half (1/2)
day increments.
19.5 Employees shall be paid for unused sick days, personal days and paid days
off at the end of the applicable leave year. The local Supplemental Agreements
shall set forth the system for accruing days off, that is, calendar year,
contract year or anniversary date.
19.6 The Employer shall not count any compensated time off as absences for
disciplinary purposes.
19.7 Holiday pay shall be paid at an employee's regular hourly rate. When an
incentive system is in effect, the applicable local Supplemental Agreement shall
set forth the computation for holidays and other paid days off, which shall not
be lower than the extant holiday rate.
19.8 When a holiday falls during an employee's vacation, the employee shall
receive the holiday pay and shall not be charged a vacation day for that day.
ARTICLE 20: BEREAVEMENT LEAVE
The provisions governing bereavement leave shall be set forth in the local
supplemental agreements covering the individual facilities and the practices
developed thereunder shall continue.
ARTICLE 21: SHOP XXXXXXX
There shall be in the facility of the Employer Shop Xxxxxxx(s)designated by
the Union. The Shop Xxxxxxx(s)shall be compensated by the Employer for time
unavoidably lost during working hours in the process of adjusting grievances.
For purposes of layoff only, shop Xxxxxxx(s) shall have super-seniority over
other bargaining unit employees.
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ARTICLE 22: SENIORITY/LAYOFF
The provisions governing seniority and lay off shall be set forth in the
local supplemental agreements covering individual facilities and the practices
developed thereunder shall continue.
ARTICLE 23: WORK ASSIGNMENTS
The provisions governing transfers, promotions, job classifications,
cross-training and job postings shall be set forth in the local supplemental
agreements covering individual facilities and the practices developed thereunder
shall continue.
ARTICLE 24: DISCHARGES AND DISCIPLINE
24.1 No employee shall be discharged without just and sufficient cause,
except during his trial period. If the discharge or disciplinary act is
found to be unjustified, the employee shall be reinstated and may be
compensated for his loss of earnings during the period of such discharge or
disciplinary act.
24.2 All disciplinary notices, including those for absences, shall be of no
effect one year after the occurrence.
24.3 The Employer shall inform the Union of all discipline imposed on an
employee, including verbal warnings.
ARTICLE 25: LEAVES OF ABSENCE
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25.1 The Employer shall grant reasonable leaves of absence to employees for
a justifiable cause. Except as may be required by law, the Employer is not
required to grant a leave for a period of less than five (5) consecutive work
days. Employees on leaves of absence shall not lose any job rights and shall be
entitled to return to their regular job prior to such absence.
25.2 RETURN FROM MILITARY SERVICE - Any employee who has been conscripted,
inducted or drafted into the military service of the United States Government,
shall, upon termination of such service, be restored to his former position or
to a position of like seniority status and pay provided he applied for
re-employment within ninety (90) days after the date of his discharge.
25.3 FAMILY AND MEDICAL LEAVE
25.3.1 The Employer shall grant, upon request of the Union, up to six (6)
months' leave of absence without pay to male and female employees for the
employee's own serious health condition as defined by the Family and Medical
Leave Act ("FMLA"), or for the birth or adoption of a child or for the care of
family member or live-in partner with a serious health condition.
25.3.2 The Employer may hire a provisional employee for a period not to
exceed six (6) months to take the place of any employee who is on Family Leave.
Upon the date of hire, the Employer shall give the Union and the provisional
employee notice of the employee's provisional status. During such period,
provisional employees shall be entitled to all the rights of regular employees
under this Agreement. The Employer may retain a provisional employee as long as
such action does not displace the employee on Family Leave or any other regular
employee. An employee on Family Leave
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shall be entitled to return to his or her regular job prior to such absence, or
an equivalent position, and, subject to the foregoing, shall not lose any rights
or privileges under this Agreement.
25.3.3 The employee, whether or not s/he is eligible under the FMLA, may use
family and medical leave on an intermittent basis (as defined by the FMLA) to
the extent that such use is permitted under the rules and regulations
promulgated under the FMLA.
25.4 The Employer may require proper medical certification for leaves relating
to an employee's own serious health condition, or for the care of a seriously
ill family member or live-in partner.
25.5 An employee's medical leave for work-related or non-work related injury or
illness may last up to one year. FMLA leave runs concurrently with contractual
medical leave.
ARTICLE 26: TIME CLOCK
The Employer shall maintain an adequate number of time clocks on its
premises, and each employee covered by this Agreement shall punch his or her
time card before starting work and at the completion of work and before and
after lunch.
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ARTICLE 27: RIGHT TO VISIT SHOP
Duly authorized representatives of the Union, including engineers and
accountants, shall have the right to visit the premises of the Employer at
reasonable times for the purpose of ascertaining whether the provisions of this
Agreement are being complied with. Such visits shall be conducted so as not to
cause interference with operations. In addition, the Employer shall provide
access to relevant accounting books and records as the Union may reasonably
request in order to ascertain whether the provisions of this Agreement are being
complied with.
ARTICLE 28: EMPLOYEE BENEFIT FUNDS
28.1 The Employer shall pay monthly to the Union a cents per hour contribution
and/or an amount equivalent to a percentage, as described below or in the
applicable Supplemental Agreement, of each total gross weekly payroll (before
deduction for federal, state or local taxes), including direct holiday pay,
vacation pay and bonuses, of all bargaining unit employees (whether Union or
non-Union employees, and whether regular or trial period employees) employed in
its facility. All payments shall be due on the tenth (10th) day of the following
month. Such payments shall be allocated towards the following Funds:
28.1.1 Towards the ILGWU National Retirement Fund, a trust fund established by
collective agreement for the purpose of providing pensions or annuities on
retirement or death of employees.
28.1.2 Towards the ILGWU Eastern States Health and Welfare Fund, a trust fund
established by collective agreement for the purpose of providing employees
with health, welfare and recreation benefits and services.
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28.1.3 The Employer shall contribute to substitute employee benefit funds as may
be required by local Supplemental Agreement.
28.2 For those facilities participating in the ILGWU National Retirement Fund
(the "NRF"), the Employer shall contribute to the NRF to provide the prior basic
benefit and to provide the new, enhanced benefit [NRF 2000] at a rate set forth
in the local supplemental agreement. The Employer shall provide the Union, for
the NRF, on a monthly basis (within thirty (30) days of the end of each month),
the name, social security number, gross wages paid to each covered employee and
the number of hours paid for in the period (or such other information as the
Union may require in the future related to the NRF 2000 Benefit.) The Union may,
in its sole discretion, assign collection of employer contributions to the ILGWU
National Retirement Fund or any other designee.
28.3 In addition to the regular employer contribution to the Union relating to
the ILGWU Eastern States Health and Welfare fund required by this Article, the
Employer shall pay monthly to the Union, as additional employer contributions
toward the ILGWU Eastern States Health and Welfare Fund for cafeteria plan
benefits, twenty-three dollars ($23.00) for individual coverage and an
additional thirty-two ($32.00) dollars, for a total of fifty-five ($55.00)
dollars, for dependent coverage per month per eligible employee. Such additional
employer contributions due under this Paragraph shall be paid to the Union in
advance for the quarter and no later than the first day of each quarter . In
addition to the regular reports and information the Employer is required to
provide to the Union pursuant to this Article, the Employer shall submit to the
Union together with such reports a special monthly report in the form prescribed
by the Health and Welfare Fund listing at least: (a) the name and Social
Security Number of each employee
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for whom the Employer is required to submit additional contributions by virtue
of the said Cafeteria Plan, and (b) the amounts of additional employer
contributions attributable to such individual employee's contribution
obligations. An eligible employee is an employee who is eligible to receive
hospital, medical, surgical and major medical benefits under the ILGWU Eastern
States Health and Welfare Fund solely in accordance with the Amended By-Laws,
Rules and Regulations of the Fund. In addition to any other requirements which
the Fund may establish concerning an employee's eligibility to participate in
and/or receive benefits from the Fund, it is also understood that no
contributions will be required for any employee or former employee of the
Employer who is participating in and/or receiving benefits from the Fund as a
result of the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA").
The Union shall provide the Employer with a copy of all benefit enrollment forms
for employees who have elected family coverage through the Health and Welfare
Fund. If those enrollment forms are not available on hard copy, the Union shall
provide the Employer with access to such data in whatever form it is maintained.
Additionally, the Union shall promptly supply copies of enrollment forms
reflecting a change in status to the Employer as soon as such forms are
completed.
28.4 If at any time during the life of this Agreement, as a result of government
mandated requirements, a benefit or a cost of any of the benefits shall be
increased, or a new benefit required, or the cost to any fund of providing
existing or new benefits is increased, the Union shall have the right to request
additional company contributions to cover the expense thereof.
28.5 The said Health and Welfare Fund shall continue to be maintained
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and administered by the Board of Trustees in accordance with the by-laws or
rules and regulations adopted by the Board of Trustees for that purpose. The
Employer shall have no legal or equitable right, title, claim or interest in or
to said Fund, or the administration thereof. No individual employee shall have
any legal or equitable right, title or interest in, or claim against, his or any
other employer's payments towards the Health and Welfare Fund, or against said
Fund, except as may be provided by the by-laws or rules and regulations of said
Fund.
28.6 The said Retirement Fund shall be administered in accordance with its
by-laws or rules and regulations by a Board of Trustees. Each Board of Trustees
shall be composed of Union representatives and an equal number of
representatives of employer contributors to that Fund. In the event that the
Board of Trustees shall be deadlocked on any issue or matter arising in
connection with its Fund, the same shall be decided by a neutral person as set
forth in the by-laws or rules and regulations of said Fund, and his decision
shall be final and binding. The parties hereto hereby ratify, confirm and
approve the composition and membership of each Board of Trustees as now or
hereafter constituted.
28.7 Each Board of Trustees mentioned in Paragraph or above shall adopt and
promulgate such by-laws or rules and regulations to effectuate the purpose of
its Fund as it may deem necessary and desirable, including the detailed basis
upon which payments from the Fund will be made, and shall have the power to
modify the same from time to time without notice, whenever it may deem it
necessary or desirable to do so. The parties hereby agree to be bound thereby
and they are hereby incorporated in and made part of this Agreement. It is
agreed that such Boards of Trustees may not increase the Company's level of
contribution during the term of this Agreement.
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28.7.1 The Board of Trustees or other body administering any of the benefit
funds, except the ILGWU National Retirement Fund, is hereby authorized and
empowered, in its sole discretion and upon such basis as it deems
desirable, to transfer or mingle the assets of or to merge said Fund with
any other fund or funds now existing or hereafter established and provided
for in a collective agreement with UNITE or an affiliate thereof. In the
event of such mingling, transfer or merger, the amounts hereinabove
provided to be allocated towards the respective funds shall thereafter be
paid over to the fund or funds with which there has been such mingling,
transfer or merger.
28.7.2 The Board of Trustees of the ILGWU National Retirement Fund is hereby
authorized and empowered, in its sole discretion and upon such basis as it
deems desirable, to transfer or mingle the assets of said Fund or to merge
said Fund with any other retirement fund or funds.
28.8 None of the monies paid into the Retirement Fund shall be used for any
purpose other than to provide for pensions or annuities on retirement or death
of employees and to pay the operating and administrative expenses thereof. The
monies of the other benefit funds shall be kept separate and apart from all
other monies except as allowed in Paragraphs and .
28.9 Only the assets of each benefit fund shall be available for the payment of
the benefits provided by that benefit fund and only to the extent that such
benefit fund is financially able to make such payments.
28.10 The Employer shall have no legal or equitable right, title, claim or
interest in or to said Funds. No individual employee shall have any legal or
equitable right, title or interest in, or claim against, his or any other
25
employer's payments towards said Funds or against said Funds, except as may be
provided by the by-laws or rules and regulations of said Funds.
28.11 An annual audit of each Fund shall be made by accountants designated by
the Board of Trustees. A statement of the results of such audit shall be made
available for inspection by interested persons at the principal office of the
Fund and at such other places as may be designated by its Board of Trustees.
28.12 In the event benefit fund contributions are collected on behalf of a
health and welfare fund other than the Health and Welfare Fund listed in
Paragraph , the person who collected the contributions shall remit the
contributions to the proper health and welfare fund.
28.13 The Union or the Board of Trustees of a Fund, or both of them, shall be
proper parties-in-interest to enforce collection of payments due from the
Employer towards said Funds. Should the matter be submitted to arbitration and
the arbitrator find against the Employer, he may also order and direct the
Employer to pay interest at the current prime rate of interest as set by the
Amalgamated Bank of New York, 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx. He may also
order and direct the Employer to pay the cost of investigation of payments due.
Should the matter be submitted to arbitration and the arbitrator find
against the Employer, the arbitrator may order and direct the Employer to pay
the cost of investigation together with reasonable attorneys' fees and other
expenses incurred in connection with the matter. In addition, the arbitrator may
grant such other relief as he deems appropriate under the circumstances.
28.14 The Union or the appropriate Board of Trustees or Boards of Trustees shall
have the right to enforce this Article, including the provisions pertaining to
delinquent contributions, by proceeding through
26
arbitration or by instituting appropriate action before a court or governmental
agency or by pursuing any other remedies provided by law or this Agreement.
28.15 The Employer shall contribute one dollar ($1.00) per month for each
employee after s/he has completed ninety (90) days of employment for the
purposes of education and scholarship to a fund designated in the local
supplement.
ARTICLE 29: DISABILITY
Disability benefits currently in effect shall continue and shall be
specified in the applicable Supplemental Agreement.
ARTICLE 30: GRIEVANCES AND ARBITRATION
30.1 Any and all disputes between the Union or any employees and the Employer
involving an alleged breach or issue of application or interpretation of this
Agreement or a local Supplemental Agreement shall be adjusted as follows:
30.1.1 The shop xxxxxxx, together with a representative of the Union, shall
attempt to settle the matter with a representative of the Employer. No
adjustment shall be deemed binding on the Union unless approved by the Manager
of the Union or the designated Business Agent servicing the facility. Disputes
not specific to an employee or group of employees may be brought by a
representative of the aggrieved party.
30.1.2 A grievance is time barred if it is not submitted in writing to the
Employer within sixty (60) working days of the occurrence of the condition or
such time as the affected employee or the Union knew of the condition giving
rise to the grievance. In the case of a continuing violation, a remedy may be
granted for up to one year prior to the filing of
27
the grievance. The time limit for filing grievances shall not apply to disputes
concerning payment of benefit fund contributions or disputes regarding Article .
30.1.3 If they shall fail satisfactorily to dispose of any such grievance, the
matter shall be submitted to an arbitrator selected by mutual agreement from the
panel set forth herein. If the parties cannot agree on an arbitrator, they shall
select an arbitrator by alternately striking members of the panel. The
arbitrator who heard the previous case shall be struck first. The panel shall
consist of:
Xxxxxx Xxxxx
Xxxxxx Xxxxx
Xxxx Xxxxxx
Xxxxxxxx Xxxxxxx
The arbitration panel and method of selecting a member of the panel for
disputes arising solely in the Alabama facility shall be set forth in the
applicable local supplement. The arbitrator shall base his decision on this
Agreement and/or the applicable local supplement and shall not alter or amend
this Agreement and/or a local supplement.
30.2 Either party desiring to use the arbitration procedure as herein provided
shall transmit a written notice to the other party no later than four (4) months
after the filing of the grievance. The award or decision of the arbitrator, in
addition to granting such other relief as the arbitrator may deem proper, may
contain provisions commanding affirmative acts or restraining acts and conduct
of the parties. If either party shall default in appearing before the
arbitrator, he is empowered nevertheless to take the proof of the party
appearing and render an award thereon. Any award or decision of the arbitrator
shall be final and binding and shall be
28
enforceable by appropriate proceedings at law or in equity. His fee shall be
borne equally by the parties hereto.
30.2.1 The parties agree that any papers, notices or processes to initiate or
continue an arbitration hereunder may be served by mail, and all papers, notices
or processes in any application to a court to confirm or enforce an arbitration
award hereunder, including service of the papers conferring jurisdiction of the
parties upon the court, may be served by certified or regular mail, directed to
the last-known address of the Employer or the Union.
30.3 The procedure herein established for the adjustment of disputes shall be
the exclusive means for the determination of all disputes, complaints,
controversies, claims or grievances whatsoever, including the arbitrability of
any dispute. It is intended that this provision shall be interpreted as broadly
and inclusively as possible. Neither party shall institute any action or
proceeding in a court of law or equity, State or Federal, or before an
administrative tribunal, other than to compel arbitration, as provided in this
Agreement, or with respect to the award of an arbitrator. This provision shall
be a complete defense to and also grounds for a stay of any action or proceeding
instituted contrary to this Agreement.
30.4 Any dispute, complaint, controversy, claim or grievance hereunder which any
employee may have against the Employer may be instituted and processed only by
the Union in the manner herein provided. No employee shall have the right
individually to institute or process any action or proceeding with reference to
any dispute, complaint, controversy, claim or grievance, or to initiate or
compel arbitration in the event the Union fails or refuses to proceed with
arbitration.
29
ARTICLE 31: NO STRIKE/NO LOCKOUT PLEDGES
There shall be no strikes or lock-outs during the term of this Agreement
for any reason whatsoever, except as set forth in Article .
ARTICLE 32: NO REDUCTION OF WAGES OR OTHER
BENEFITS
Wages and other terms and conditions of employment now existing or
hereafter established at any facility of the Employer shall not be lowered,
except by mutual agreement. Any custom or practice existing in a facility at the
time of the execution of this Agreement more favorable to the employees than the
provisions hereof shall be continued as heretofore.
ARTICLE 33: STRUCK WORK-LABOR DISPUTE
CROSSING PICKET LINES
To the extent that a contractor's manufacturing work involves the
integrated process of production of the Employer's garments, the Employer and
its contractors have a close unity of interest with each other and in any labor
dispute, and to such extent, the Employer and its contractors are not neutrals
with respect to each other but are jointly engaged in an integrated production
effort. Accordingly, to the extent permitted by law, it shall not be considered
a breach of this agreement on the part of the Union, any of its affiliates or on
the part of any employee if such worker refuses to cross any lawful picket line
recognized by the Union or its affiliates or to enter upon the lawfully picketed
premises of said contractor, either of his or her own volition or by direction
of the Union or the International or to refuse to handle garments from a
contractor with whom the Union or any of its affiliates has a lawful labor
dispute.
30
ARTICLE 34: TEMPORARY APPOINTMENT TO UNION
STAFF
The Union shall have the right to appoint an employee to its staff on a
temporary basis, not to exceed nine (9) months, without said employee losing his
seniority rights.
ARTICLE 35: CONFORMITY TO LAW
35.1 If any provision of this Agreement or the enforcement or performance of
such provision is or shall at any time be determined to be contrary to law by or
enjoined by a court or administrative agency, then such provision shall not be
applicable or enforced or performed except to the extent permitted by law. The
Union and the Employer shall thereupon negotiate a substitute provision.
35.2 If any provision of this Agreement or its application is held invalid or
enjoined, the remainder of this Agreement shall not be affected thereby.
ARTICLE 36: JURY DUTY
Jury duty leave shall be set forth in the local supplemental agreement.
ARTICLE 37: UNION ACTIVITIES
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37.1 Any employee who is called from his or her employment to serve on the
Union's Negotiating Committee shall be paid his or her full wage during the
entire time he or she shall serve on the Union's Negotiating Committee. A
maximum of one committee member for every twenty-five (25) bargaining unit
employees shall receive this benefit.
37.2 The Union shall have access to bulletin boards in the facilities.
ARTICLE 38: JOINT LABOR-MANAGEMENT COMMITTEE
The Employer and the Union shall designate an equal number of
representatives to form a Joint Labor-Management Committee. The Committee shall
meet regularly at least one (1) time per month. The Employer shall compensate
employees at their regular rate of pay for serving on the Committee during
working time.
ARTICLE 39: VACATIONS
Vacation pay and time off shall be set forth in the applicable local
Supplemental Agreements.
ARTICLE 40: CUTTING
Any cutting and related tasks, such as marking, grading and digitizing,
shall be performed under the conditions specified in the Supplemental Agreement
covering employees represented by Local 10.
ARTICLE 41: REPORTING PAY
Employees shall receive reporting (call-in) pay as set forth in the
applicable local Supplement Agreements.
ARTICLE 42: NO WAIVER
32
The failure of either party to this Agreement to require strict performance
of any provision of the Agreement shall not be deemed a waiver or abandonment of
any of the rights or remedies provided herein for violation of the Agreement or
any provision thereof; nor shall it constitute a waiver or abandonment of any
right or remedy herein provided for a subsequent violation of any provision of
the Agreement.
ARTICLE 43: MANAGEMENT RIGHTS
All rights and prerogatives which may lawfully be exercised by management
and which are not specifically abridged or limited by this Agreement or the
applicable local Supplemental Agreement are reserved to the Employer.
ARTICLE 44: DURATION OF AGREEMENT
33
This Agreement shall be effective June 1,2000 and continue in effect until
midnight of the 31st day of May, 2003.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
year and date hereinabove written.
LIZ CLAIBORNE, INC.
By: /s/ Xxxx Xxxxx
UNION OF NEEDLETRADES INDUSTRIAL AND TEXTILE EMPLOYEES
By: /s/ Xxxxx Xxxxxx
----------------
Xxxxx Xxxxxx, Secretary-Treasurer
LOCAL 10
By: /s/ Xxxxxxx Xxxxxx
------------------
Xxxxxxx Xxxxxx, Manager
LOCAL 23-25
By: /s/ Xxxxx Xxxxxx
------------
Xxxxx Xxxxxx, Manager
LOCAL 99
By: /s/ Xxxxxxxxx Xxxxxx
--------------------
Xxxxxxxxx Xxxxxx, Manager
34
NEW ENGLAND JOINT BOARD
By: /s/ Xxx Xxxxx
-------------
Xxx Xxxxx, Manager
NEW YORK JOINT BOARD
By: /s/ Xxxx Xxxxxx
---------------
Xxxx Xxxxxx, Manager
NEW YORK-NEW JERSEY REGIONAL JOINT BOARD
By: /s/ Xxxxxxx Xxx
---------------
Xxxxxxx Xxx, Manager
PENNSYLVANIA, OHIO AND SOUTH JERSEY
JOINT BOARD, LOCAL 109
By: /s/ Xxxxx Xxxxxx
----------------
Xxxxx Xxxxxx, Co-Manager
SOUTHERN REGIONAL JOINT BOARD, LOCAL 310
By: /s/ Xxxxxx Xxxxxx
------------------
Xxxxxx Xxxxxx, Manager
