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EXHIBIT 10.31
A G R E E M E N T
BETWEEN
TRACTOR SUPPLY COMPANY
AND
GENERAL DRIVERS & HELPERS UNION,
LOCAL #554, AFFILIATED WITH THE
INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS
OF AMERICA
EFFECTIVE: AUGUST 1, 1996
EXPIRES: AUGUST 1, 1999
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TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 1 - RECOGNITION....................................................1
ARTICLE 2 - CHECK-OFF......................................................1
ARTICLE 3 - DISCRIMINATION AND COERCION....................................2
ARTICLE 4 - SCHEDULE OF HOURS AND OVERTIME.................................3
ARTICLE 5 - VACATIONS......................................................6
ARTICLE 6 - HOLIDAYS.......................................................9
ARTICLE 7 - WAGE RATES....................................................10
ARTICLE 8 - STEWARDS......................................................11
ARTICLE 9 - MANAGEMENT RIGHTS.............................................11
ARTICLE 10 - CONDITIONS OF EMPLOYMENT......................................12
ARTICLE 11 - ARBITRATION & GRIEVANCES......................................17
ARTICLE 12 - STRIKES & LOCKOUTS............................................20
ARTICLE 13 - PICKET LINE...................................................20
ARTICLE 14 - CONFLICT OF LAWS..............................................20
ARTICLE 15 - LEAVE OF ABSENCE..............................................21
ARTICLE 16 - EXTRA-CONTRACT AGREEMENTS.....................................21
ARTICLE 17 - REVIEW OF DISCREPANCY IN PAY..................................22
ARTICLE 18 - LOSS OR DAMAGE................................................22
ARTICLE 19 - BONDS.........................................................22
ARTICLE 20 - PHYSICAL EXAMINATIONS.........................................22
ARTICLE 21 - COMPENSATION CLAIMS...........................................23
ARTICLE 22 - MILITARY SERVICE..............................................23
ARTICLE 23 - EQUIPMENT.....................................................23
ARTICLE 24 - PAID-FOR-TIME.................................................24
ARTICLE 25 - GROUP BENEFIT PLANS...........................................24
ARTICLE 26 - POSTING OF NOTICES............................................27
ARTICLE 27 - UNION COOPERATION.............................................28
ARTICLE 28 - SEPARATION OF EMPLOYMENT......................................28
ARTICLE 29 - EMERGENCY REOPENING OF AGREEMENT..............................28
ARTICLE 30 - AGREEMENT.....................................................28
ARTICLE 31 - ENTIRE AGREEMENT..............................................29
ARTICLE 32 - INSPECTION PRIVILEGES.........................................29
ARTICLE 33 - FUNERAL LEAVE.................................................30
ARTICLE 34 - JURY DUTY.....................................................30
ARTICLE 35 - TERM OF AGREEMENT.............................................31
APPENDIX "A" WAGE RATES....................................................32
APPENDIX "B" PART-TIME PROGRAM.............................................35
APPENDIX "C" OVERTIME......................................................37
APPENDIX "D" DRUG AND ALCOHOL POLICY.......................................39
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A G R E E M E N T
THIS AGREEMENT, entered into between TRACTOR SUPPLY COMPANY of Omaha,
Nebraska, hereinafter referred to as the "Company", and GENERAL DRIVERS &
HELPERS UNION, LOCAL #554, affiliated with the International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America, hereinafter referred
to as the "Union".
WITNESSETH:
ARTICLE 1 - RECOGNITION
The Company recognizes the Union as the sole and exclusive bargaining
agent for warehousemen of the Company at Omaha, Nebraska, excluding professional
associates, office clerical associates, retail salesmen, watchmen, guards,
sweep-up boy and supervisors, as defined in the Labor Management Relations Act,
1947, as amended.
It is expressly understood that this Agreement shall not apply to
salesmen employed at any retail outlet of the Company or its subsidiaries.
ARTICLE 2 - CHECK-OFF
Section 1. The Company shall deduct from the first pay of each month
the Union dues and uniform assessments for the current month and promptly remit
same to an authorized representative of the Union, provided that the Company has
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received from the associate involved on whose account such deductions are made,
a written assignment permitting such deduction. Initiation fees of the Union
shall be deducted by the Company and remitted to the Union in the same manner as
dues collections, on the basis of monthly lists of new members submitted to the
Company by the Union, provided the Company shall have received from the
associate on whose account such deductions are made, a written assignment. This
paragraph shall be subject to the provisions of the Labor Management Relations
Act of 1947, as amended.
Section 2. The Employer will recognize authorization for deductions
from wages for the Union's D.R.I.V.E. Program, if in compliance with state law.
Such deduction shall be made once annually and transmitted to the Union.
ARTICLE 3 - DISCRIMINATION AND COERCION
Section 1. There shall be no discrimination by foremen, superintendents
or other supervisors of the Company against any associate in the bargaining unit
because of the associate's membership in the Union.
Section 2. The Union agrees that neither its officers nor its members,
nor persons employed directly or indirectly by the Union, will intimidate or
coerce associates, nor will it solicit members on Company time.
Section 3. The Company and the Union agree to abide by applicable laws
concerning no discrimination because of race, color, religion, national origin,
sex, and age. Both parties further agree to abide by all applicable provisions
of the National Labor Relations Act, as amended.
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Section 4. Due to the Americans with Disabilities Act or the
regulations promulgated thereunder, the Company may be required to make a
reasonable accommodation to the disability of an applicant or incumbent
associate that may be in conflict with provisions of this Agreement. In such
event, the Company shall be privileged to make such accommodation
notwithstanding the requirements of this Agreement. The Company shall notify the
Union thereafter as soon as is practicable of such situation on a confidential
basis.
ARTICLE 4 - SCHEDULE OF HOURS AND OVERTIME
Section 1. The regular hours of work shall be 40 hours per week divided
into five days of eight hours each and/or four days of 10 hours each worked
consecutively with the right of the Company to establish work shifts from Sunday
3:00 p.m. through Saturday, with the exception of utility/cleanup which would
precede or follow above program.
The foregoing hours of work shall not apply in cases of proven computer
breakdown that would prevent the normal warehouse operation, or other causes
beyond the control of the Company, Acts of God such as fire, flood, explosion or
power failure. Under no condition will an associate who has reported and started
work be paid for less than four hours.
Section 2. Time and one-half (1-1/2) shall be paid for all work
performed over 40 hours per week.
A. Associates shall not be required to work an excess of 10 hours per
day which may include Company directed mandatory overtime.
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B. The exception to Section 2A. hours of work limitation would be
emergency plans enacted and/or caused by an Act of God or federal, state, or
local government directives.
C. See Appendix C for bid scheduling and overtime.
Section 3. Holidays shall be considered as days worked for the purpose
of computing overtime.
Section 4. Associates shall, except by mutual agreement, take at least
one continuous period for meals of not less than 30 minutes, nor more than one
hour in any one day. No associate shall be compelled to take more than one
continuous hour during such period, nor be compelled to take any part of such
continuous hour before he/she has been on duty three and one-half (3-1/2) hours
or after he/she has been on duty six hours.
Starting time for the regular or first shift will be between 5:00 a.m.
and 10:00 a.m.
Section 5.
A. All work performed on Sunday between 12:01 a.m. and 3:00 p.m., (with
the exception of utility cleanup) will be paid at two times straight-time rates.
B. Associates starting after 3:00 p.m. Sunday or later, which is part
of the associate's regularly scheduled work week, will be paid straight-time
rates.
C. All work performed on observed holidays shall be paid for at the
rate of two times the regular straight time rate, plus holiday pay as provided
in Article #6.
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D. Associates required to work on their 7th day of work (7th shift for
the week) shall be paid two times their straight time rate of pay.
An associate's workweek shall be a seven consecutive day period
commencing on the associate's first regularly scheduled day of work.
Section 6. There shall be no pyramiding of overtime. This means that
overtime shall not be paid twice for the same hours worked.
Section 7. All associates covered by this Agreement shall be paid on a
bi-weekly basis. Each associate shall be provided with a statement of gross
earnings and an itemized statement of all deductions made for any purpose.
Section 8. There will be two 15 minute break periods each shift, one in
the first half of the shift and one in the second half of the shift, as near the
middle of the work period as practical. The second break may be eliminated and
reflected in a quitting time 15 minutes earlier, if the majority of the work
group concurs.
Section 9. Associates called in on their regular scheduled day off
shall be guaranteed no less than four hours work or pay. When shift overtime of
less than 30 minutes is required, the Company may assign the associate who is to
perform the work.
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ARTICLE 5 - VACATIONS
Section 1 - Schedule of Service
Vacations are provided to full-time associates for the purpose of rest
and relaxation. Scheduling of vacations should be planned through your manager.
The following vacation schedule is based on seniority.
A. One Week Vacation:
Associates hired between July 1 and December 31 are eligible
for a one week vacation in the following year which must be taken
between June 1 and December 31. The next year these associates will be
eligible for two weeks vacation.
B. Two Weeks Vacation:
Associates hired between January 1 and June 30 are eligible
for two weeks vacation in the following year which can be taken from a
period no earlier than one year from the hire date to December 31 of
that year.
C. Three Weeks Vacation:
Associates are eligible for three weeks vacation on the
January 1 of the year in which they will complete eight years of
continuous service. Associates are expected to take earned vacations
during the current eligibility year. Vacation may not be accrued from
one year to the next. Payment will not be made for unused vacation from
prior years, nor will pay in lieu of vacation be allowed.
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D. Four Weeks Vacation:
Associates are eligible for four weeks vacation on the January
1 of the year in which they will complete 15 years of continuous
service.
Section 2 - Vacation Scheduling
A. Planning
Vacation planning should be done as far in advance as
possible. Vacation schedule forms are distributed in January to
facilitate advance planning.
B. Scheduling
Associate vacation requests should be solicited as far in
advance as possible. Vacations will be granted according to staffing
requirements with consideration given for seniority. Although efficient
operation of the work unit is important, fair and equitable vacation
scheduling is essential.
C. Commitment
Once a vacation has been scheduled it cannot be changed within
two weeks of the start of the vacation, except by mutual agreement of
both management and the associate.
Section 3 - Vacation Payment - Full-time Associates
Vacation pay is determined by the total hours worked during a normal
work week. Forty hours will be paid regardless of average hours per week.
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Section 4 - Vacation Accrual
Associates are expected to take earned vacations during the current
eligibility year. Vacation may not be accrued from one year to the next. Payment
will not be made for unused vacation except for separated associates as provided
in Section 5.
Section 5 - Vacation for Separated Associates
Pay will be made for vacation fully earned as of the last eligibility
date for associates with two or more years of service under the two following
situations:
A. The associate voluntarily resigns providing at least 10
working days notice, or
B. The associate's position is permanently eliminated by the
Company.
Payments will not be made for unused vacation time from prior years and
under no circumstances will vacation be paid to an associate terminated for just
cause or to any associate who resigned without sufficient notice or an associate
who fails to work out a 10 day notice.
Upon retirement, associates will be paid pro-rata vacation due and
earned by the associate to date of retirement.
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Section 6 - Effect of a Holiday During the Vacation Time
When a paid holiday falls within the vacation period, the associate
shall be entitled to an additional day off with pay as mutually agreed by the
supervisor and the associate within the current eligibility year.
Section 7 - Effect of Leave of Absence
A. Personal or Sick Leave:
Leaves totalling 90 days or less shall not affect vacation.
Leaves of more than 90 calendar days shall proportionally reduce
vacation pay by one-twelfth (1/12) for each additional full month of
leave.
B. Military Leave:
Vacation for associates with one year or more of continuous
service as a full-time associate, who return to work from military
leave shall receive credit as a full-time associate according to the
provisions of military leave in Article 22.
ARTICLE 6 - HOLIDAYS
Section 1. Regular associates who are not scheduled to work on the
following holidays shall be paid eight hours pay at the straight-time hourly
rate for the following holidays:
New Year's Day Labor Day
Memorial Day Thanksgiving Day
Fourth of July Christmas Day
Associate's Anniversary Date
Holiday pay for associates working four 10 hour days shall be as
follows:
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When the holiday falls on a work day, the associate receives a day off
with 10 hours pay. When a holiday falls on a non-work day, it is observed on the
nearest work day.
Section 2. Regular associates called to work on any of the above listed
holidays shall be paid at two times the regular rate, in addition to the eight
hours referred to above.
Section 3. In order to qualify for eight hours of straight time pay for
a holiday not worked, it is provided that regular associates must work their
regular scheduled work day which precedes and follows the holiday, except in
cases of proven illness or unless the absence is mutually agreed to.
Section 4. Associates who are serving their ninety (90) days
probationary period are not entitled to holiday pay for holidays falling within
the probationary period.
Section 5. The parties hereto specifically acknowledge and agree that
the scheduling of mandatory overtime on a holiday is one of the management
prerogatives reserved to the Company under this Agreement.
ARTICLE 7 - WAGE RATES
Wages shall be paid as set forth in Wage Appendix "A" attached hereto
and made a part of this Agreement.
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ARTICLE 8 - STEWARDS
The Company recognizes the right of the Union to designate a job
xxxxxxx and/or alternate per shift to handle such Union business as may from
time to time be delegated to them by the Union. Job stewards and alternates have
no authority to take strike action or any other action interrupting the
Company's business in violation of this Agreement, or any action except as
authorized by official action of the Union. The Company recognizes this
limitation upon the authority of job stewards and their alternates. The Company,
in so recognizing such limitation, shall have the authority to render proper
discipline, including discharge without recourse, to such job xxxxxxx or his
alternate in the event the job xxxxxxx or his alternate has taken an
unauthorized strike action, slow-down, or work stoppage in violation of this
Agreement. Job xxxxxxx and alternate shall be an associate of the Company. The
job xxxxxxx and/or alternate has authority to receive any notice hereunder from
the Company to the Union, provided the Company mails a copy of such notice to
the Union. Such notice will be effective on the date of receipt by the xxxxxxx
or alternate.
ARTICLE 9 - MANAGEMENT RIGHTS
The management of the Company's business and the direction of its
associates, including the right to plan, direct and control Company operations,
hire, suspend or discharge, transfer, or relieve associates from duty because of
lack of work or for other reasons, the right to introduce new, improved or
different methods of facilities, and the right to establish and maintain rules
and regulations covering the operations of its business and the conduct of its
associates, are vested exclusively in the Company as long as the same does not
conflict with the terms
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and provisions of this Agreement. The Company will discharge any associate for
dishonesty, use or being under the influence of intoxicating liquors or drugs
while on duty, insubordination, conduct of a criminal character, the
unauthorized taking or use of Company property, violent physical threats on
Company property, the possession of fire arms on Company property, fighting or
other conduct that normally calls for summary discharge. The Company will not
discharge associates for other offenses without first furnishing a warning
letter, a copy of which will be furnished to the Union. The Company may request
an associate to take a medical test to determine whether he was under the
influence of intoxicating liquor or drugs, and an associate's refusal to submit
to such test may be considered as a presumption that the associate was under the
influence. Such tests will be based on reasonable suspicion, or as a result of
selection under the random drug and substance testing program, as set forth in
Appendix D.
ARTICLE 10 - CONDITIONS OF EMPLOYMENT
Section 1. Seniority for the purposes of this Agreement is defined as
the length of continuous service with the Company.
Section 2.
A.(1) In assigning associates to higher paying jobs, either inside the
bargaining unit or to work as a Lead Person, the Company shall select
those associates who are best qualified and desire to be so promoted.
In making such selections, consideration will be given to such factors
as ability, performance, skill and experience. Judgments as to
qualifications shall be at the sole discretion of the Company on a
non-discriminatory basis.
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A.(2) A Lead Person shall be assigned to a specific daily
classification for overtime purposes under Appendix "C". A Lead Person,
for the purpose of day off overtime, will be considered to be part of
his/her last assigned classification.
A.(3) If a Lead Person is filling in for supervision, he/she shall not
be restricted in any way from performing his/her duties and
responsibilities as a Lead Person.
B.(1) The principle of seniority will apply in case of layoffs. Layoffs
will be implemented based on seniority, qualifications to perform the
work, and associates being at the level of "standard performance" as
per Company performance appraisal form, in order to get a bye.
B.(2) The Company will notify the associate in writing at least one
week before the date of layoff.
B.(3) Associates with at least 90 days of service will be recalled
based on seniority, qualifications to perform the work, and meeting
"standard performance" objectives. Associates who have been laid off
shall receive seven days written notice of recall.
Section 3. Associates shall lose all seniority rights and employment
shall cease for any of the following reasons:
a. Resignation.
b. Discharge.
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c. Failure to notify Company within three days after registered
mail notice of recall from layoff of his/her return to work.
Must report to work within seven days.
d. Absence due to layoff for nine months.
e. If the associate overstays a leave of absence.
f. If the associate gives a false reason for a leave of absence,
or engages in other employment during such leave.
g. If the associate is retired.
h. If the associate intentionally falsifies information on his
application for employment.
i. If the associate is absent from work for off-the-job illness
or injury in excess of nine calendar months or for on-the-job
illness or injury in excess of 15 calendar months.
j. Failure to report for a period of three consecutive days
without notifying the Company.
k. Failure to report for a period of two consecutive regular
workdays without notifying the Company, unless the associate
can prove that such notification was physically impossible.
Section 4. Each new or rehired associate shall be on probation for the
first 90 calendar days of employment or re-employment in the bargaining unit.
Upon satisfactory completion of said probationary period, seniority will be
computed from the date of hire, or most recent date of rehire, with the Company.
Absence from work will extend the probationary period for a period of time
equivalent to the length of such absence. At any time during the probationary
period, an associate may be discharged for any reason. Such associate so
discharged shall not have any recourse under this Agreement, including the right
to file a grievance.
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Section 5 . The parties agree that supervisors will not perform the
work of the parties they supervise except during training, demonstration, and
safety education.
For the purpose of training an associate, the supervisor must perform
the training in the immediate area with the associate being trained, with
exception of training in Company training centers, meeting rooms, or off-site
locations.
It is understood that after making all reasonable efforts to use
bargaining unit employees to perform bargaining unit work, the Company may use
any other temporary means of covering this work.
Other associates of the Company not in the bargaining unit may work in
the Distribution Center, as part of a training and development program.
Participation in bargaining unit work is limited to one week per individual per
year. This developmental program will not reduce Distribution Center associates'
workload.
Upon occasion, vendors will be allowed to construct or put together
samples for use in Company training or merchandising programs.
Section 6. Bid Process
Associates with seniority, if they have the ability to perform the
necessary work, shall have their choice, according to their seniority, of posted
jobs subject to the following conditions:
A. Bid Process
1. The bids shall list job classification (description), days
of work, regular starting and quitting time. There will be at
least one bid
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position for each job classification. The number of job
classifications will be determined by the Company as required
by need to support the Distribution Center.
2. Associates will be notified at least two weeks in advance
of a change in their regularly scheduled starting time.
3. During the course of the work day, and day-to-day basis, if
it becomes necessary to re-assign associates, it will be done
on the basis of need as determined by management.
a. All vacant bids and new openings created within the
course of a 12 month period shall be posted for bid by
associates for a three working day period and shall be
awarded by seniority to qualified applicants at the start
of following work week. These bid openings are limited to
percentages stated in Article #10, Sec. 6, A6.
b. No more than two bids posted to fill open position
after initial bid.
4. Jobs will be awarded to the most senior associate bidding
on said job who has the ability to perform the job.
5. There shall be three bids for job preference and
improvement during the contract. The bids shall be bid by
August 30, 1996, and approximately 12 months thereafter. If
there is an addition or reduction in staff of twenty-five
percent (25%) or more within any 90 day period, it will
automatically cause a bid to occur within 30 days.
6. The jobs to be bid will be determined by the Company;
however, the Company agrees that at least seventy-five percent
(75%) of the eligible associates in the unit will be on bid
jobs. Leads
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will not be counted as part of 75%. Remaining associates shall
be designated as floaters.
7. Each floater will be assigned on the basis of his/her
preference to the most senior associates. If more than one
picking job is available, choices will be by seniority. When
job preference assignments have been exhausted, jobs will be
assigned.
Other floater job assignments, which do not fall into one of
the above categories, will be offered on the basis of
seniority.
During the course of the work day, if it becomes necessary to
reassign floaters, it will be done on a basis of need as
determined by management.
ARTICLE 11 - ARBITRATION & GRIEVANCES
Any complaint, disagreement or difference of opinion between the
Company, the Union or the associates covered by this Agreement which concerns
the interpretation or application of the terms and provisions of this Agreement
will be considered a grievance.
Any associate, the Union or the Company may present a grievance. Any
grievance which is not presented within seven days following knowledge of the
event giving rise to such grievance shall be forfeited and waived by the
aggrieved party.
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The procedure for handling grievances shall be as follows: first, the
associate (with or without the xxxxxxx) and the associate's immediate supervisor
shall discuss and attempt to adjust such grievance. If this attempt to settle
the grievance fails, then the xxxxxxx representing the Union and the Company's
supervisor shall discuss and attempt to adjust such grievance.
If these two are unable to settle the grievance, said grievance shall
be submitted in writing by the Union business agent to the Company's designated
representative. Said written submission shall clearly set forth the issues of
contention of the aggrieved parties.
If the Union's and the Company's designated representatives cannot
reach an agreement within five days, upon request of either party, the grievance
shall be submitted to an arbitrator. The Company and the Union shall select the
arbitrator by mutual agreement. In the event the parties are unable to agree
upon an arbitrator within five days, an arbitrator shall be selected by each
party striking two names from a list of five arbitrators to be furnished by the
Federal Mediation and Conciliation Service. The arbitrator shall be impartial
and possess skill and knowledge of labor-management relations. A time limit of
15 days shall be placed on the rendering of the arbitrator's decision.
The arbitrator shall receive and consider such material evidence and
contentions as the parties may offer and shall make such independent
investigation as he/she deems essential to a full understanding and
determination of the issues involved.
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The arbitrator shall not be vested with power to change, modify or
alter any of the terms of this Agreement. All grievances submitted shall present
an arbitrable issue under this Agreement, and shall not depend on or involve an
issue of contention by either party which is contrary to any provision of this
Agreement, or which involves the determination of a subject matter not covered
by or arising during the term of this Agreement.
The findings and decisions of the arbitrator on all arbitrable
questions shall be binding and enforceable on all parties. If either party
refuses to abide by the final decision of the arbitrator on the merits of a
grievance, the other party may apply economic sanctions.
It is the intention of the parties that this Article 11 shall provide a
peaceful method of adjusting grievances so that there shall be no suspension or
interruption of normal operations as a result of any grievances. The parties
shall act in good faith in proceeding to adjust grievances in accordance with
the provisions of this Article.
The expenses of the arbitrator shall be borne equally by the parties to
the arbitration.
It is agreed that there will be no stoppage of work or lockouts pending
settlement of a dispute, in accordance with the grievance procedure herein
established.
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ARTICLE 12 - STRIKES & LOCKOUTS
The Union will not cause or officially sanction its members to cause or
take part in any strike, sit-down, or stay-in or slow-down, or any other
stoppage in the operations of the business of the Company; nor will the local
management lock out any associate or transfer any job under dispute from local
plant until all the procedures mentioned in the foregoing grievance procedure
shall have been employed without success.
ARTICLE 13 - PICKET LINE
It shall not be a violation of this Agreement and it shall not be cause
for discharge or disciplinary action in the event an associate refuses to enter
upon any property involved in a lawful primary labor dispute or refuses to go
through or work behind any lawful primary picket line, including the lawful
primary picket line of unions party to this Agreement and including lawful
primary picket lines at the Company's place or places of business.
ARTICLE 14 - CONFLICT OF LAWS
Nothing contained herein is intentionally in conflict with any existing
federal, state or local laws or any rules or regulations made pursuant thereto.
In the event that any article or portion of any article of this Agreement proves
to be in conflict with any such law or rule or regulation, only the conflicting
article or portion thereof, as the case may be, shall be abrogated and all of
the terms and conditions of this Agreement shall continue in full force and
effect.
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ARTICLE 15 - LEAVE OF ABSENCE
The Company agrees to grant the necessary and reasonable time off (not
to exceed 30 days) without discrimination or loss of seniority rights and
without pay, to any associate designated by the Union to attend a labor
convention or serve in any capacity on other official Union business, provided
48 hours written notice is given to the Company by the Union, specifying the
length of time off. The Union agrees that in making its request for time off for
Union activities, due consideration shall be given to the number of associates
affected in order that there shall be no disruption of the Company's operations
due to lack of available associates.
Any associate desiring a leave of absence must secure the prior written
approval of both the Company and the Union. The giving of such written approval
shall be within the discretion of the Company and the Union. The maximum leave
of absence shall be for 30 days and may be extended for like periods. Permission
for extension must be secured from both the Union and the Company. Failure to
comply with this provision shall result in the complete loss of seniority of the
associate involved.
ARTICLE 16 - EXTRA-CONTRACT AGREEMENTS
The Company agrees not to enter into any agreement or contract with
associates in the bargaining unit, individually or collectively, which in any
way conflicts with the terms and provisions of this Agreement.
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ARTICLE 17 - REVIEW OF DISCREPANCY IN PAY
Any discrepancy in pay of any associate in the bargaining unit may be
taken up by the Union with the Operating Manager, who will review with the Union
Representative the computation of such pay.
ARTICLE 18 - LOSS OR DAMAGE
Associates shall not be charged for loss or damage unless clear proof
of negligence is shown, or is the result of the intentional act of the
associate.
ARTICLE 19 - BONDS
Should the Company require any associate to give bond, cash bond
shall not be compulsory, and any premium involved shall be paid by the Company,
and in the event any associate cannot qualify for such bond with the bonding
company selected by the Company, and in the amount required, the Company shall
have the right to release and discharge said associate and said release or
discharge shall not be a violation of any of the terms and conditions of this
Agreement.
ARTICLE 20 - PHYSICAL EXAMINATIONS
Physical examinations required by the Company shall be promptly
complied with by all associates, provided, however, the Company shall pay for
all such examinations.
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ARTICLE 21 - COMPENSATION CLAIMS
The Company agrees to cooperate toward the prompt disposition of
associate on-the-job injury Worker's Compensation claims. The Company shall
provide Worker's Compensation protection for all associates covered by this
Agreement. An associate injured on the job will be paid for the entire day if
the associate is required to leave work. Following the initial day of injury,
each associate may choose to use either his accumulated sick days or vacation
days to continue receiving pay until worker's compensation starts. Otherwise, no
pay shall be forthcoming for that period when the associate is unable to work.
ARTICLE 22 - MILITARY SERVICE
Associates enlisting or entering the military or naval service of the
United States, pursuant to the provisions of the Selective Service Act of 1948,
shall be granted all rights and privileges provided by the Act.
ARTICLE 23 - EQUIPMENT
The Company shall not require associates to operate any vehicle or
forklift truck that is not in safe operating condition or equipped with the
safety appliances prescribed by law. It shall not be a violation of this
Agreement where associates refuse to operate such equipment unless such refusal
is unjustified. All forklift trucks used for stacking will have an overhead
safety shield. The Company, upon receipt of proper documentation, shall pay
fifty percent (50%) of the cost of safety shoes, provided that said payment
shall not exceed fifty dollars ($50.00) in any 12 month period.
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ARTICLE 24 - PAID-FOR-TIME
All associates covered by this Agreement shall be paid for all time
spent in the service of the Company. Time shall be computed from the time the
associate is directed to report to work and until he/she is released from duty,
but no overtime shall be paid except when specifically directed by the Company
or its authorized representative.
ARTICLE 25 - GROUP BENEFIT PLANS
Section 1 - Company Plans
All associates covered by this Agreement shall be subject to the
provisions of and will be entitled to the benefits of the Company's group
benefit program as follows:
A. The Tractor Supply Co., Inc. Associate Benefit Plan;
B. Sick Pay and Extended Sick Pay Plan (see Section 2 and 3
below); and
C. 401(k) Plan;
as said Plans are presently constituted or as said Plans may be amended by the
Company from time to time. The parties understand and agree that in the event
such amendments take place during the term of this Agreement, said amendments
will apply automatically to covered associates. It is further agreed that
disputes under these Plans will not be subject to the Grievance Procedure, but
will be governed solely by the terms of the Plan documents.
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Section 2 - Sick Pay
A. Regular Sick Days
1. Normal Benefit: A full-time hourly associate who is
absent from work due to a bona-fide personal illness
or injury is entitled to one-half (1/2) day for each
completed month of service.
2. Accrual of Regular Sick Days: Sick days accrue at the
rate of one-half (1/2) day for each continuous month
of service, not to exceed six days in any 12 month
period.
Associates absent for a period of three or more
consecutively scheduled work days will be requested
by management to submit a medical doctor's
certification of illness and inability to work.
Unused sick days may be accrued from year to year up
to a maximum accrual of 30 days. Accrued sick days
are to be used only for personal illness or injury
and may be used during the first seven calendar days
before beginning the extended sick pay plan in
Section 3.
3. Payment of Regular Sick Days: All regular sick pay time is
paid through the normal payroll system. Sick time may be taken
in full or half day amounts.
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B. Unused Sick Time - Sick days are intended to be used only for
personal illness or injury. Therefore, an associate who quits
or is discharged for just cause shall not be entitled to pay
for an unused or accrued sick days.
Section 3 - Extended Sick Pay Plan
A regular full-time associate absent from work due to personal illness
or injury is entitled to pay under the Company's extended sick pay plan, upon
submission of a physician's written statement indicating that the associate is
unable to work. Payments will begin after the associate has been continuously
absent for at least seven calendar days.
A. Regular Benefit for Full-Time Hourly Associates:
Length of Service Full Pay For Half Pay For
========================================================
At least 6 months 1 week
At least 3 years 2 weeks 4 weeks
At least 5 years 4 weeks 6 weeks
At least 10 years 6 weeks 8 weeks
At least 15 years 8 weeks 10 weeks
At least 20 years 10 weeks 12 weeks
B. Payment of Extended Sick Pay:
A personnel action form along with the physician's statement
must be submitted to the personnel department to initiate
extended sick pay benefits.
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C. Renewal of Extended Pay Benefits:
Extended sick pay benefits are reinstated to the full amount
based on Subsection A above 12 months after the first extended
sick day is used, provided the associate is actively working
during that 12 month period. If the associate is not actively
working, extended sick pay benefits will be reinstated one
year after return to work.
If an associate is disabled beyond a six month period, extended sick
pay would be reinstated 12 months after return to work.
If a work related injury is involved, this policy becomes null and
void.
Section 4 - Substitution of Paid Leave for Unpaid Leave Provided Under
the Family Medical Leave Act
Associates will be required to substitute their paid leave to the full
extent available under the preceding Section prior to receiving unpaid leave as
provided under the Federal Family Medical Leave Act. Under no circumstances will
associates be granted more than 12 weeks of leave, total, under any combination
of paid and unpaid leave.
ARTICLE 26 - POSTING OF NOTICES
Bulletin boards will be provided by the Company where notices
pertaining to Union matters may be posted by an authorized agent of the Union,
provided that such notices are approved by the Company.
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ARTICLE 27 - UNION COOPERATION
The Union, as well as members thereof, agrees at all times as fully as
it may be within its power, to further the interest of the Company.
ARTICLE 28 - SEPARATION OF EMPLOYMENT
Upon quitting, the Company shall pay all monies due to the associate on
associate's normal regular pay days.
ARTICLE 29 - EMERGENCY REOPENING OF AGREEMENT
In the event of war, declaration of emergency, or imposition of
civilian controls during the life of this Agreement, either party may reopen the
same upon 60 days written notice and request re-negotiation of matters dealing
with wages and hours. Upon failure of the parties to agree in such negotiations,
either party shall be permitted all lawful economic recourse to support its
request for revisions. If the governmental approval of revisions should become
necessary, all parties will cooperate to the utmost to attain such approval.
ARTICLE 30 - AGREEMENT
This Agreement is the only agreement between the Company and the Union
with respect to the associates covered by this Agreement. It incorporates all
terms, provisions and conditions agreed upon. No change, waiver or modification
of any provision of this Agreement shall be binding unless made in writing and
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signed on behalf of the Company by its authorized officer, and on behalf of the
Union by an authorized officer of the Union.
ARTICLE 31 - ENTIRE AGREEMENT
Section 1. The parties acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to all proper subjects of collective
bargaining and that all such subjects have been discussed and negotiated upon
and the agreements contained in this Agreement were arrived at after the free
exercise of such rights and opportunities. Therefore, the Company and the Union,
for the life of this Agreement, each voluntarily and unqualifiably waive the
right and each agrees the other shall not be obligated to bargain collectively
with respect to any subject or matter not specifically referred to or covered in
this Agreement, even though such subject or matter may not have been within the
knowledge or contemplation of either or both of the parties at the time they
negotiated or signed this Agreement.
Section 2. The parties understand and agree that this Agreement covers
all bargained for conditions of employment, and that the Company has the right,
at its discretion, to change, modify or amend conditions of employment not so
covered as its business judgment dictates.
ARTICLE 32 - INSPECTION PRIVILEGES
Authorized agents of the Union, after making their presence known to
management, shall have access to the Company's establishment during working
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hours for the purpose of adjusting disputes, investigating working conditions,
collection of dues, and ascertaining that the Agreement is being adhered to,
provided that such inspection and visitation is reasonable and does not
interfere with the efficient operation of the Employer's business.
ARTICLE 33 - FUNERAL LEAVE
Section 1. In the event of the death of a mother, mother-in-law,
father, father-in-law, sister, sister-in-law, brother, brother-in-law, child,
spouse, grandparent, grandchild, grandparent-in-law, son-in-law or
daughter-in-law, regular full-time associates will be paid normal pay for time
absent from schedule work up to four consecutive days.
Section 2. Payment will be made for Funeral Leave when the associate
misses a regularly scheduled work day. Funeral Leave can be applied to the
beginning or the end of a vacation period only when that time off would have
been granted, regardless of the vacation.
ARTICLE 34 - JURY DUTY
Section 1. Regular full-time associates are entitled to a paid leave
from the job for jury duty. In the event the associate is excused or the jury is
not in session, the associate will be expected to work even if only for a
portion of the work day. Associates are granted a maximum of 30 days per
calendar year.
The associate will be reimbursed the difference if jury duty pay is
less than normal Company pay.
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Section 2. Associates must submit proof from the appropriate authority
to verify days served and the amount of compensation received in order to
receive the difference between this amount and normal wages. Documents must be
submitted on a timely basis.
In the event that documentation cannot be obtained on a timely basis,
the personnel department should be contacted to arrange for the issuance of a
normal paycheck and subsequent associate reimbursement to the Company of jury
duty .
ARTICLE 35 - TERM OF AGREEMENT
This Agreement shall be in full force and effect from August 1, 1996 to
and including July 31, 1999, and shall continue in full force and effect from
year to year thereafter unless written notice of desire to change or modify this
Agreement is served by either party on the other 60 days prior to the date of
expiration.
TRACTOR SUPPLY COMPANY GENERAL DRIVERS & HELPERS UNION,
LOCAL #554 affiliated with the
International Brotherhood of
Teamsters, Chauffeurs, Warehousemen
and Helpers of America
By: /s/ Xxxxx Xxxxxxxx By: /s/ Xxxxxxx Xxxxxxxxx
--------------------------- --------------------------------
Title: V.P. Logistics Title: President
------------------------ ----------------------------
Date: 7/31/96 Date: 8/30/96
------------------------- ------------------------------
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APPENDIX "A"
WAGE RATES
Job classifications under this Agreement will be as follows:
General Warehouse: Shall be required to perform any duties in
the warehousing, order processing, receiving or shipping of any
materials processed through the warehouse. These duties shall include,
but not be limited to, the use of any and all "power equipment".
Part-time General Warehouse: To supplement the full-time
workforce, part-time general warehouse may be used. Job duties will be
essentially the same as general warehouse, but part-timers may be used
for such things as vacation relief, fill-ins for illness, peak workload
coverage and other special needs as determined by the Company.
Part-timers will work under 1000 hours per year.
Section 1. Rates for Warehouse Associates
A. The extent of the increases to be granted at these time
intervals between the start and the maximum will be based on
performance and evaluations.
Associates not at current salary cap -- effective August 1,
1996:
Starting Rate $ 7.50 per hour
Beginning of 2nd year 7.80 per hour
Beginning of 3rd year 8.63 per hour
Beginning of 4th year 8.79 per hour
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Beginning of 5th year 9.21 per hour
Beginning of 6th year 9.70 per hour
Beginning of 7th year 10.20 per hour
Beginning of 8th year 10.72 per hour
Beginning of 9th year 11.25 per hour
Beginning of 10th year 12.00 per hour
Beginning of 11th year 12.25 per hour
Beginning of 12th year 12.50 per hour
B. Associates at the current salary cap:
August 1, 1996..................... $12.00 per hour
August 1, 1997..................... 12.25 per hour
August 1, 1998..................... 12.50 per hour
C. Shift Differentials. An associate who works between 2:00
p.m. and 10:00 p.m. will be paid a premium of twenty cents
(20(cent)) per hour from August 1, 1996 to February 1, 1998;
and thirty-five cents (35(cent)) per hour from February 1,
1998 to August 1, 1999.
An associate who works between 10:00 p.m. and 7:00 a.m. will
be paid a premium of fifty cents (50(cent)) per hour.
Shift premiums will be counted for the purposes of computing
holiday and vacation pay.
Section 2. New hire Part-time Warehouse associates - $7.00 per hour
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Section 3. Lead Person will be paid a premium of $1.50 per hour. The
Company will have sole discretion as to designation of Lead Persons.
Section 4. Learning for Pay Program. Associates will be paid a premium
of fifteen cents (15(cent)) per hour for proof of successful completion of a
Company approved course administered by a Company approved college or junior
college.
Section 5. Work in the Store Program. Subject to Company discretion,
associates may participate in the "Work in the Store Program" for up to one week
per year.
Section 6. No Reduction in Pay. No current associate will suffer a
reduction in pay as a result of the implementation of the wage program set forth
in Section 1 of this Appendix "A".
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APPENDIX "B"
PART-TIME PROGRAM
The intent of the Part-time Program is to supplement the full-time work force
and to cover vacation relief, illness or handle peak workload coverage or other
special needs. Hours will be determined by management.
Regular Company policy will apply, which is as follows:
- Part-time associates normally work less than 30 hours a week.
- Part-time associates do not receive time off benefits.
- A part-time associate who is promoted to a full-time position
will receive 50% credit for all past service and will begin to
accrue benefits from the date of the promotion.
- Health care and 401(k) eligibility will be determined by the
terms of those plan documents.
In addition, the following will be our understanding:
- Part-timer associates will be on a separate seniority list.
- Part-timer associates will be laid off before full-time
associates.
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- Full-timers will be offered overtime opportunities before
part-timers will be used. Part-time associates may be used to
supplement the regular workforce on overtime when filling in
for vacation relief, illness, handling peak load coverage or
other special needs.
- Part-time associates who are promoted to full time will be
handled in the following manner:
- 50% credit for past service principles will apply
toward their probationary period.
- they will receive a full-time seniority date
beginning with the date they start full-time work.
- 50% credit for past service principles will also
apply to all service related benefits.
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APPENDIX "C"
OVERTIME
1. Bids on daily overtime will be handled in this manner:
A. Scheduled overtime will be offered to associates by shift
under the bid classification and by seniority.
B. If there are insufficient associates to work overtime, we will
go to the top of the seniority list by shift and associates
will be offered overtime based on proven ability to perform
the job.
C. If insufficient volunteers, overtime will be assigned by
entire seniority list by shift by inverse seniority.
2. Daily call-back overtime:
Associates called back will receive a minimum of one hour pay at
overtime.
3. Day-off overtime and/or emergency:
The following language shall apply in all instances of day-off/emergency
overtime other than Saturday overtime:
A. Day-off/emergency response conditions work will be offered to
associates by shift under the bid classification and by
seniority.
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B. If there are insufficient associates to fill overtime, we will
go to the top of the seniority list by shift, and associates
will be offered overtime based on proven ability to perform
the job.
C. If there are insufficient volunteers, overtime will be
assigned by entire seniority list by shift by inverse
seniority.
D. In the event emergency conditions beyond the control of the
Company arise (fire, flood, snow storms, etc.), overtime will
be assigned by entire seniority list by inverse seniority.
4. Saturday day overtime:
A. Day-off work will be offered to all associates for all shifts
under their bid classification, by seniority under one
seniority list.
B. If there are insufficient associates to work overtime, we will
go to the top of the overall seniority list for all shifts,
and associates will be offered overtime by seniority based on
proven ability to perform the job.
C. If there are insufficient volunteers, overtime will be
assigned by entire seniority list by shift by inverse
seniority.
D. If additional workers are still needed, overtime will be
assigned by the entire seniority list by inverse seniority.
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APPENDIX "D"
DRUG AND ALCOHOL POLICY
The purpose of the following drug and alcohol policy which has been
adopted by Tractor Supply Company, Inc. (the "Company"), is to reduce the
possibility of loss caused by an unsafe act or an unsafe condition created by an
associate abusing alcohol or drugs. This policy will take effect August 1, 1993,
30 days from the date of posting this notice. Our drug and alcohol policy
consists of the following:
1. The Company shall have the right to test all associates and
applicants for employment for drug and alcohol use upon the happening
of the following events:
A. Application for employment.
B. When probable cause exists to believe the associate is
using or is under the influence of alcohol or drugs in the
course of his or her employment.
C. Random testing.
2. All drug and alcohol testing performed by the Company or its agent
shall be done in accordance with generally accepted procedures,
including but not limited to testing of the associate's blood, urine,
and/or saliva specimens. The Company will bear all costs associated
with testing required as a result of one of the above events or in the
event retesting is necessary.
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3. Refusal by an associate to submit to drug and alcohol testing as set
forth above will constitute just cause for immediate discharge. An
associate's refusal to execute a written consent to be tested shall
constitute a refusal to be tested and cause for discharge.
4. A. The Company will provide training of each associate on the
effects and consequences of the use of controlled substances
on personal health, safety, and the workplace.
B. The following acts or omissions by an associate will result
in disciplinary actions, which may include immediate dismissal
without notice at the Company's discretion:
1. The sale, purchase, transfer, use or possession of
any prohibited drug on Company premises or while on
Company business.
2. Reporting to or remaining on Company premises or
on Company business while impaired by the use of a
prohibited drug.
3. By failing or refusing to submit to a drug test as
required by the Company policy.
C. Each associate covered under the Company's substance abuse
policy will be provided adequate training prior to the
implementation of controlled substance abuse testing.
D. "Impaired" means, for purposes of alcohol usage, the
retention by the associate, of a blood alcohol content of .10%
or more (or .04%
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or more if the associate's duties include driving a Company
vehicle or operating Company machinery) upon testing by
breathalyzer or blood test.
E. Controlled substances - means, as defined in 49 CFR Part
40, marijuana, cocaine, opiates, amphetamines, and
phencyclidine (PCP).
F. Drug - means any substance (other than alcohol) that is a
controlled substance as defined in this section and 49 CFR
Part 40.
5. A. The above disciplinary procedure will not apply in the
event an associate voluntarily admits or discloses a drug or
alcohol use. In the event of such an admission of disclosure,
the associate will be placed on a leave of absence, without
pay, and the Company shall assist the associate in seeking
rehabilitation. This leave of absence shall continue during
the period that an associate is enrolled within a qualified
rehabilitation program. The associate will be required to
produce evidence from time to time of continuing enrollment in
such a program.
B. Reinstatement of Associate After Positive Test An associate
who tests positive for the use of a controlled substance
and/or alcohol, thereby supplying the Company with grounds for
the immediate discharge of the associate, may be reinstated
provided the associate agrees to comply with the following
conditions:
1. The associate must immediately enroll in a
qualified program of evaluation and, if necessary,
treatment. The
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program of evaluation or treatment is to be chosen by
the Company. Any cost of rehabilitation shall be
borne by the associate, except to the extent covered
by the Company's health care plan.
2. Upon receipt of satisfactory progress in the
program of evaluation or treatment outlined in 1
above, the associate must submit to a drug and/or
alcohol test in which a negative result is obtained.
The satisfactory progress report must be received by
the Company no later than 30 calendar days from the
date that the associate was given notice of the
positive test result. If more than 30 calendar days
elapse, then the Company shall have grounds to
discharge the associate. If a positive test for the
use of a controlled substance and/or alcohol is
returned after the associate enters a program of
evaluation or treatment, then the associate shall be
immediately discharged.
3. An associate shall be eligible for reinstatement
under this Section on a one-time basis, and the
reinstatement is contingent upon the associate
returning directly to work for the Company.
4. Upon reinstatement, the associate shall be subject
to three additional tests for drugs and/or alcohol
without prior notice, with two tests to occur within
six months of the reinstatement and the third test to
occur within six to 12 months after reinstatement.
6. All test results shall be kept in the strictest confidence.
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7. All laboratory tests shall be performed by NIDA Certified
Laboratories using cutoff levels as prescribed by the Health and Human
Services as may be adjusted from time to time.
8. Random test selections shall be on the basis of computer selection,
selecting up to fifty percent (50%) each year.
9. Associates shall be paid for work time lost as a result of testing
procedures, including travel time, if the results of the test are
negative.
10. Specimen Collection
Specimen collections facilities will be established convenient
to Company locations. Specimen collections will be conducted in
accordance with the protocols established by the National Institute of
Drug Abuse (NIDA) in order to assure the integrity of the specimen.
11. All drug testing and time spent giving a drug test shall be paid
for by the Company and shall be done immediately prior to, during, or
immediately after the associate's work schedule.
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