AGREEMENT made this 16 day of July, 1992, effective as of the 1st day
of September, 1992; by and between XXXXX XXXXX, A NEW YORK PARTNERSHIP, whose
principal office is located at 00-00 00xx Xxxxx, Xxxx Xxxxxx Xxxx, Xxx Xxxx,
hereinafter designated as the "EMPLOYER" and ALLIED TRADES COUNCIL; whose
office is located at 000 Xxxxxx Xxxxxx, Xxxxxxxxx Xxxxxx, Xxx Xxxxxx;
hereinafter designated as the "UNION".
IN CONSIDERATION of the premises and of the mutual and reciprocal
promises herein made and obligations herein assumed, as more fully hereinafter
set forth, the parties agree as follows:
FIRST: The Employer recognizes the Union as the sole collective
bargaining agent for all employees in its employ, excluding executives, office
employees, supervisors and armed guards. Whenever the word "employees" is used
in this Agreement, it shall be deemed to refer to all employees except for
those specifically excluded above, regardless of whether or not they are
members of the Union.
All employees shall, as a condition of continued employment, become
and remain members of the Union in good standing after they have completed
thirty days of employment or thirty days after execution of this Agreement,
whichever is later, provided, however, that no employee shall be removed from
his employment under this Article so long as he continues to tender uniform
dues and his initiation fee to the Union after such thirty-day period. Any
employee who fails to maintain his membership to the extent of not paying
uniform dues and his initiation fee after such thirty-day period, shall be
discharged by the Employer immediately upon
- 2 -
notification from the Union in person or in writing. All new employees shall be
on a trial period of thirty calendar days during which time they may be
discharged without recourse to the grievance procedure.
SECOND: The Employer agrees that authorized representatives of the
Union shall be permitted to enter the Employer's place of business at any
time for the adjustment of disputes, grievances or any other matters that may
require their presence.
THIRD: The regular work week for all employees shall consist of
any five days, and no more than eight hours per day and no more than forty
hours per week. Except in the case of Pharmacists, who are considered to be
professional employees, work performed beyond eight hours in any day, or forty
hours in any week, shall be paid for at the overtime rate of one and one-half
times the employees' regular hourly rate. All employees shall be expected to
work a reasonable amount of overtime, including Saturdays and Sundays, provided
however, that they shall be given reasonable advance notice when overtime work
is requested. Pharmacists shall be paid for all hours worked at their
straight-time hourly rate of pay.
FOURTH: The Employer shall deduct uniform membership dues and
initiation fees from the wages paid to each employee. The Employer shall make
such deductions from the first payroll in each month and transmit all such
funds deducted no later than the tenth day of each month. All funds deducted
from the wages paid to employees for the payment of such dues and initiation
fees shall be held in trust by the Employer and shall be considered at all time
the property of the Union, provided, however, that
- 3 -
prior to making such deductions the Employer has received from each employee on
whose account such deductions are made, a written assignment, which shall not
be irrevocable for a period of more than one year or beyond the termination
date of this Agreement, whichever occurs sooner, and which may contain a clause
that such assignment shall be automatically renewed for additional periods of
one year, unless the employee shall terminate such assignment in writing within
thirty days prior to any expiration date thereof.
FIFTH: No employee, whatever the performance, shall be discharged,
suspended, laid off or furloughed except for good and sufficient cause. In the
event an employee is proven to have committed an act amounting to dishonesty or
criminal negligence, the Employer may summarily discharge such employee.
Layoffs and recalls from layoffs shall be made in accordance with seniority.
SIXTH: Should any dispute arise concerning the application,
interpretation, effect, purpose or breach of any term or condition of this
Agreement, or in the event that there shall exist any claim, demand, dispute or
controversy between the parties hereto, including but not limited to a demand
or dispute arising out of a proposed addition, deletion or modification of this
Agreement, the parties hereto shall first attempt to settle and adjust such
dispute, claim, demand or controversy by negotiation. In the event that said
dispute, claim, demand or controversy shall not be completely settled and
adjusted, the parties agree that either of them may submit the question,
including any damages that have been suffered, to arbitration before an
arbitrator designated by the New York State Board of Mediation, the American
Arbitration
- 4 -
Association, or the Federal Mediation & Conciliation Service in accordance
with their rules. The arbitrator so designated shall conduct a hearing in such
manner as he shall consider proper, and shall serve as sole arbitrator of the
dispute between the parties. The arbitrator shall have the right to conduct an
ex parte hearing in the event of the failure of either party to be present at
the time and place designated for the arbitration, and shall have the power to
render a decision based on the testimony before him at such hearing. The
decision of the arbitrator shall be final and binding upon both parties and may
be entered as a final decree or judgment in the Supreme Court of the State of
New York or in a court of appropriate jurisdiction in any state where such
decision shall be rendered. The costs of arbitration, including the
arbitrator's fee, shall be borne equally by the Employer and the Union. It is
the intent of the parties hereto that no defense to prevent the holding of the
arbitration shall be permitted. Service of any document or notice referred to
in the above paragraph, or service of any notice required by law in connection
with the arbitration proceeding, may be made by registered or certified mail.
SEVENTH: (A) It is hereby agreed by and between the respective
parties that effective as of September 1, 1992 (being a continuation of
contributions previously made) the Employer shall contribute to the Vacation
Fringe Benefit Fund the sum of Four Per Cent of the Employer's total, gross,
straight-time payroll expense for each employee covered by the Agreement
regardless of whether or not any such employee is a member of the Union and
regardless of the number of hours worked
- 5 -
during the week. Such payments shall be made weekly for the last preceding
payroll week. A list containing the names and straight-time, weekly earnings of
each employee in the bargaining unit shall accompany each such payment. The
Employer's payroll records, social security records and other pertinent data
shall be open for inspection and audit by the Fund upon demand. Such payments
shall be made directly to the Vacation Fringe Benefit Fund and shall be held
subject to the provisions of a trust indenture dated February 17, 1971 and any
amendments, changes or additions thereto.
The Fund shall be managed and administered by a board of trustees
equally representative of the employers and the Union. In the event the
Employer and the Union trustees deadlock on the administration of the Fund,
they shall agree on an impartial umpire to decide such dispute; or in the event
of the failure to agree within a reasonable length of time, an impartial umpire
shall, on petition of either trustee, be appointed by the District Court of the
United States for the district where the Fund has its principal office. The
trustees shall make provisions for an annual audit of the Fund. A statement of
the results shall be available for inspection by interested persons at the
principal office of the Fund and at such other places as may be designated by
the trustees.
The Fund shall be used for the purpose of providing annual and
supplementary vacation benefits, jury duty reimbursement and for such approved
similar and related purposes and benefits, and for the payment of the
reasonable administrative expenses of the Fund, as the trustees may determine.
By executing this
- 6 -
Agreement, the Employer hereby authorizes the Trustees of the Vacation Fringe
Benefit Fund, on its behalf, as its express agent, and in its name and stead,
to remit to the appropriate Federal taxing authorities, the Employer's share of
any FICA owed by the Employer as a result of vacation and/or fringe benefit
payments made by the Fund to employees of the Employer, together with the
employee's share of any such taxes, and, where applicable to remit to the
appropriate State taxing authorities the disability taxes owed as a result of
such payments. Similarly, by executing this Agreement, the Employer hereby
authorizes the Trustees of the Fund on its behalf, as its express agent and in
its name and stead, to issue to the appropriate governmental agencies and to
its employees receiving vacation and/or fringe benefit payments through the
Fund, Federal, State and City earnings statements showing gross wages, FICA tax
withheld, FICA wages, State income tax withheld and local tax withheld as a
result of such vacation and/or fringe benefit payments by the Fund. The
Trustees of the Fund shall have no obligation to report wages earned by the
Employer's employees, except such wages as are transmitted to the Employer's
employees by the Fund.
All monies paid to the Fund shall be used and distributed by the
trustees pursuant to the terms, conditions and provisions of the trust
indenture or any amendments, changes or additions thereto; and the rules,
regulations and resolutions adopted thereunder. Neither the Union, nor any
member of the Union individually or collectively; nor any International Union;
nor any body with which the Union may be affiliated; nor any participating
Employer individually or collectively, nor any combination thereof; nor any
association, corporation, group, entity, person or trust; nor any successor or
assign
- 7 -
thereof either directly or indirectly, shall have any right, title, interest or
claim in or to the fund or any part thereof, nor to any accounting, supervision
or control thereof, of whatsoever kind or nature.
All monies, contributions, property, assets of the Fund and those
hereafter acquired and the ownership, control and the administration of the
Fund shall irrevocably, inseparably and forever remain vested exclusively in
the trustees of the Fund. No employee of any participating employer; nor any
employee of the Union; nor any person claiming by, through or under such
employee, either directly or indirectly, shall have any right, title, interest
or claim in or to the Fund or to any part thereof; nor to any accounting,
supervision or control thereof, of whatsoever kind or nature; nor any claim
against the Union, participating employers or the trustees, or to the
contributions of his or her Employer to the Fund or any assets or monies held
by the Fund except such benefits as are provided for by the Fund and/or by the
rules and regulations from time to time established and promulgated by the
trustees in accordance with the powers granted by the trust indenture as the
same may be amended or modified from time to time. The discretion of the
trustees as to the administration, use and disbursement of the Fund shall be
final and conclusive.
All payments shall be due and payable on the first day of each week,
for the preceding week. The foregoing notwithstanding, however, if the Employer
fails to make all payments required hereunder, on or before the tenth day of
the month for the preceding month, then the Trustees may require, and the
Employer agrees to pay, interest on any unpaid balance at the
- 8 -
applicable rate as permitted by law. In addition, the Employer specifically
agrees that it shall be liable for all auditing expenses, collection costs and
legal fees incurred by the Union or by the Trustees of the Fund for the
collection of such payments.
Conditioned upon the Employer's timely payment in full to the Fund of
all of its obligations as specified herein, no further liability whatsoever
shall attach hereunder to the Employer; and no claim can, shall or may be made
by any employee against the Employer based upon the terms hereof for any reason
whatsoever.
(B) The amount of vacation to which an employee is entitled shall be
determined as of July 1 of each year:
Less than six months
of employment None
Six months but less than
one year of employment One week (40 hours)
One year but less than
seven years of employment Two weeks (80 hours)
Seven years but less than
twenty years of employment Three weeks (120 hours)
Twenty or more years of
employment Four weeks (160 hours)
- 9 -
In determining eligibility for vacation leaves, all computations shall
be based upon each employee's total length of employment with the Employer. No
deductions shall be made from an employee's accumulated service except for
periods of nonemployment by the Employer. Such deduction shall be made in
accordance with the provisions of the trust indenture, and/or resolutions
adopted by the trustees.
Full power and authority will be lodged in the trustees of the
Vacation Fringe Benefit Fund to determine the extent of service credits to be
allocated to each employee as well as the rules and regulations pursuant to
which employees will be paid for any earned vacation pay.
In accordance with the rules and regulations of the Fund and at such
intervals as they determine appropriate, the trustees of the Fund shall
transmit to each employee on whose behalf contributions have been made to such
Fund, an amount equal to the sum of such employee's vacation leave entitlement
multiplied by such employee's vacation regular straight-time, hourly rate of
pay as of the date of such employee's vacation leave. This sum will be
diminished by the amount of any vacation payments made by the Fund to such
employee during the preceding vacation year (i.e. the period from July 1 of the
preceding year through June 30 of the current year).
Part-time employees shall receive vacation leave and vacation pay
on a pro rata basis.
- 10 -
EIGHTH: All employees shall receive pay for the following nine
holidays each year regardless of whether or not they are scheduled to work
on any such holidays:
New Year's Day Yom Kippur
President's Day Thanksgiving Day
Memorial Day Christmas Day
July 4th (Independence Day) One Personal Day
Labor Day
Should the Employer elect to remain open on the Yom Kippur holiday,
employees shall be expected to work on such holiday and shall receive a paid
personal holiday in lieu thereof. Personal holidays shall be scheduled by each
affected employee at least 48 hours in advance.
NINTH: This contract shall not take effect until it is approved and
executed by an authorized officer of the Union. No term, condition or provision
of this Agreement may be modified or changed except in writing signed by both
parties.
TENTH: Should the Employer fail to meet promptly the financial
obligations under the terms of this agreement or breach any term or condition
thereof, such shall be considered a material breach of this Agreement, and the
Union reserves the right thereafter to demand that the Employer post cash
security or a bond in a reasonable sum, and may institute additional
appropriate measures, including economic sanctions and/or cessation of work to
assure the faithful performance of this Agreement. The Union shall at all times
retain the right to proceed to
- 11 -
arbitration in accordance with the provisions of Article Sixth hereof.
ELEVENTH: All good conditions, customs and privileges enjoyed by the
employees prior to the execution of this Agreement shall continue in full force
and effect without suspension or interruption as though they were actually
enumerated herein. The Employer shall not sell his establishment, or any part
thereof without 60 days' advance notice in writing to the Union, nor shall he
remove, terminate, discontinue, rent or lease any part thereof, without
providing similar advance notice. In no event shall such transaction be
consummated except on the basis that the purchaser or lessee shall assume this
Agreement and all of its terms and conditions and shall continue to recognize
the Union as the collective bargaining representative for all employees
formerly covered by this Agreement. In addition, the seller or renter, as well
as the purchaser or lessor, shall be responsible for all financial liabilities
under this Agreement up to and including the date of this transaction.
TWELFTH: The Union may elect or select shop stewards from among the
employees, who shall receive top seniority; and such shop stewards shall have
the authority to report grievance and violations of the contract to the Union.
No shop xxxxxxx shall have the right to call any strike, stoppage or cessation
of work; and the sole duty and liability of the Union, in the event that a shop
xxxxxxx so transcends his authority, shall be limited to ordering the employees
to return to work after written notice from the Employer. The shop xxxxxxx
shall have the right during working hours to discuss grievances or perform such
other duties as the Union may require of him.
- 12 -
THIRTEENTH: It is hereby agreed by and between the respective parties
that, commencing with the week ending September 4, 1992 (being a continuation
of contributions previously made), the Employer shall pay to the Allied Welfare
Fund the sum of Thirty-Five Dollars, each and every week for each employee who
is employed within the bargaining unit, commencing with the first day of
employment of such employee, regardless of whether such employee is a member of
the Union and regardless of the number of hours worked during the week. The
Employer shall submit to the Fund a list of the employees for whom such
payments are made. Vacations, holidays and sick leave with pay shall be deemed
time worked. The Employer's payroll records, social security records or other
pertinent data shall be open for inspection and audit by the Fund upon demand.
Such payments shall be made directly to the Allied Welfare Fund and shall be
held subject to the provisions of a trust indenture effective January 26, 1954
and any amendments, changes or additions thereto. The Fund shall be managed and
administered by a board of trustees equally representative of the employers and
the Union. In the event the Employer and the Union trustees deadlock on the
administration of the Fund, they shall agree on an impartial umpire to decide
such dispute; or in the event of their failure to agree within a reasonable
length of time, an impartial umpire shall, on petition of either trustee, be
appointed by the District Court of the United States for the district where the
Fund has its principal office. The trustees shall make provisions for an annual
audit of the Fund. A statement of the results shall be available for inspection
by interested persons at the principal office of the Fund and at such other
places as may be designated by the trustees.
- 13 -
Such contributions shall be used for the purpose of providing
insurance, welfare, and similar benefits for employees employed by the
Employer, employees employed by all other employers similarly situated, their
families, and the payment of reasonable administrative expenses of the Fund;
and shall, in addition, be used and disbursed by the trustees pursuant to the
terms, conditions and provisions of the trust indenture or any amendments,
changes or additions thereto; and the rule, regulations and resolutions adopted
thereunder. Commencing with the week ending March 3, 1989, such contributions
shall be used for the purpose of providing Major Medical insurance and similar
benefits for all employees of the Employer and their families. Neither the
Union, nor any member of the Union individually or collectively; nor any
International Union, nor any body with which the Union may be affiliated; nor
any participating employer individually or collectively; nor any combination
thereof; nor any association, corporation, group, entity, person or trust; nor
any successor or assign thereof, either directly or indirectly, shall have any
right, title, interest or claim in or to the Fund or any part thereof; nor to
any accounting, supervision or control thereof, of whatsoever kind or nature.
All monies, contributions, property, assets of the Fund and those hereafter
acquired; and the ownership and control and the administration of the Fund
shall irrevocably, inseparably and forever remain vested exclusively in the
trustees of the Fund. No employee of any participating employer; nor any
employee of the Union; nor any person claiming by, through or under such
employee, either directly or indirectly, shall have any right, title, interest
or claim in or to the Fund or to any part thereof; nor to any accounting,
supervision or control thereof of whatsoever kind or nature; nor any claim
against the Union,
- 14 -
participating employers, or the trustees, or to the contributions of his or her
employer to the Fund or any assets or monies held by the Fund except such
benefits as are provided for by the plan and/or by the rules and regulations
from time to time established and promulgated by the trustees in accordance
with the powers granted by the trust indenture, as the same may be amended or
modified from time to time. The discretion of the trustees as to the
administration, use and disbursement of the Fund shall be final and conclusive.
All payments shall be due and payable on the first day of each month,
for the preceding month. If the Employer fails to make a payment or payments
required hereunder, on or before the tenth day of the succeeding month, then
the Trustees may require, and the Employer agrees to pay, interest on any
unpaid balance at the applicable rate as permitted by law. In addition, the
Employer specifically agrees that it shall be liable for all auditing expenses,
collection costs and legal fees incurred by the Union or by the Trustees of the
Fund for the collection of such payments. From and out of the contributions
made to the Allied Welfare Fund as specified above, Eight Dollars per employee
per week shall be unconditionally and irrevocably allocated and paid to the
Union Mutual Medical Fund subject to the provisions of a trust indenture
effective September 6, 1978 and any amendments, changes or additions thereto,
for the benefit of retired employees of the Employer and retired employees of
all other employers similarly situated and their families who are receiving
pension benefits from the Union Mutual Fund, and those employers of the
Employer and of all other employers similarly situated whose pension benefits
from the Union Mutual Fund have been vested and who, in either case,
- 15 -
are and remain members in good standing of the Union Mutual Benefit
Association. All sums contributed to the Union Mutual Medical Fund and the
affairs of said Fund shall be managed and administered by a Board of Trustees
equally representative of the employers and the participants. All of the
foregoing conditions and provisions applicable to the Allied Welfare Fund shall
be equally applicable to the Union Mutual Medical Fund.
The Employer is party to a collective bargaining agreement with Local
815, affiliated with the International Brotherhood of Teamsters (hereinafter
referred to as "Local 815"), covering certain warehouse employees of the
Employer. This agreement, which will expire on or about August 31, 1993,
requires the Employer to make contributions to the Allied Welfare Fund on
behalf of the employees covered thereunder. Should the Employer negotiate a
collective bargaining agreement with Local 815 to succeed the agreement which
expires on August 31, 1993, and should such succeeding agreement contain one or
more modifications in the amount of the Employer's contribution to the Allied
Welfare Fund for the employees covered thereunder, it is agreed by and between
the parties hereto that each such modification in the amount of Employer's
contribution to the Allied Welfare Fund shall apply as well to each employee of
the Employer covered hereby. Each such modification in the amount of Employer's
contribution to the Allied Welfare Fund shall become effective hereunder, on
the same date or dates as each such modification becomes effective pursuant to
the terms of the Employer's successor collective bargaining agreement with
Local 815. In such event, this agreement shall be deemed to be amended and
modified only as to the
- 16 -
effective date and amount of the employer's contribution to the Allied Welfare
Fund for the employees covered hereunder.
FOURTEENTH: It is hereby agreed by and between the respective parties
that, commencing with the effective date of this Agreement, the Employer shall
pay to the Union Mutual Fund the sum of Twenty-Four Dollars each and every week
for each employee who is employed within the bargaining unit commencing with
the first day of employment of such employee, regardless of whether such
employee is a member of the Union and regardless of the number of hours worked
during the week; and the Employer shall submit to the Fund a list of the
employees for whom such payments are made. Vacations, holidays and sick leave
with pay shall be deemed time worked. The Employer's payroll records, social
security records and other pertinent data shall be open for inspection and
audit by the Fund upon demand. Such payments shall be made directly to the
Union Mutual Fund and held subject to the provisions of a trust indenture
effective November 1, 1955 and any amendments, changes or additions thereto.
The Fund shall be managed and administered by a board of trustees equally
representative of the employers and the Union. In the event the Employer and
the Union trustees deadlock on the administration of the Fund, the two shall
agree on an impartial umpire to decide such dispute; or in the event of their
failure to agree within a reasonable length of time, an impartial umpire shall,
on petition of either trustee, be appointed by the District Court of the United
States for the district where the Fund has its principal office. The trustees
shall make provisions for an annual audit of the Fund, a statement of the
result of which shall be available for inspection by interested persons at the
principal office of the Fund and at such other places as may be designated by
the trustees.
- 17 -
The Fund shall be used for the purpose of providing pensions and/or
annuities and similar benefits for employees employed by the Employer,
employees employed by all other employers similarly situated, the payment of
reasonable administrative expenses of the Fund and shall, in addition, be used
and disbursed by the trustees pursuant to the terms, conditions and provisions
of the trust indenture, or any amendments, changes or additions thereto; and
the rules, regulations and resolution adopted thereunder. Neither the Union,
nor any member of the Union individually or collectively; nor any International
Union; nor any body with which the Union may be affiliated; nor any
participating employer individually or collectively; nor any combination
thereof; nor any association, corporation, group, entity, person or trust; nor
any successor or assign thereof either directly or indirectly, shall have any
right, title, interest or claim in or to the Fund, or any part thereof; nor to
any accounting, supervision or control thereof of whatsoever kind or nature. It
is understood and agreed that the Employer and all other employees similarly
situated may have a continuing financial obligation pursuant to the provisions
of the Employee Retirement Income Security Act of 1974, in the event of
termination or partial termination of the Fund. All monies, contributions,
property, assets of the Fund and those hereafter acquired; and the ownership,
control and the administration of the Fund shall irrevocably, inseparably and
forever remain vested exclusively in the trustees of the Fund. No employee of
any participating employer; nor any employee of the Union; nor any person
claiming by, through or under such employee, either directly or indirectly,
shall have any right, title, interest or claim in or to the Fund or any part
thereof; nor to any accounting, supervision or control thereof of whatsoever
kind or nature; nor any claim
- 18 -
against the Union, participating employers or the trustees; nor to the
contributions of his or her employer to the Fund; nor to any assets or monies
held by the Fund except such benefits as are provided by the plan and/or by the
rules and regulations from time to time established and promulgated by the
trustees in accordance with the powers granted by the trust indenture, as the
same may be amended or modified from time to time. The discretion of the
trustees as to the administration, use and disbursement of the Trust Fund shall
be final and conclusive.
All payments shall be due and payable on the first day of each month,
for the preceding month. If the Employer fails to make a payment or payments
required hereunder, on or before the tenth day of the succeeding month, then
the Trustees may require, and the Employer agrees to pay, interest on any
unpaid balance at the applicable rate as permitted by law. In addition, the
Employer specifically agrees that it shall be liable for all auditing expenses,
collection costs and legal fees incurred by the Union or by the Trustees of the
Fund for the collection of such payments.
FIFTEENTH: The adjusted wage schedule attached hereto is
incorporated herein and made a part hereof.
SIXTEENTH: All employees who have been employed for six months or
longer shall be entitled to receive five (5) days of paid sick leave during
each contract year. Employees shall receive a day's wages at their then current
daily rate of pay for each day of sick leave utilized.
- 19 -
Employees shall not be required to provide a doctor's note or other
substantiating evidence in order to be eligible to receive sick leave pay,
provided, however, that employees shall call the Company as early as possible
on the first day of any illness to advise the Company concerning the absence
and its anticipated length.
SEVENTEENTH: This Agreement shall become effective as of the 1st day
of September, 1992, and shall remain operative and binding upon the parties
hereto, their heirs, successors, assignees, administrators and trustees in
bankruptcy for a period up to and including the 31st day of August, 1995, and
shall automatically continue thereafter for similar periods and may be
terminated by one's giving the other ninety days' notice by registered mail
prior to each expiration period of such intention to terminate this Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals this 16 day of July, 1992.
ALLIED TRADES COUNCIL XXXXX XXXXX, A NEW YORK
PARTNERSHIP
By: /s/ Xxxx XxXxxx By: /s/ Xxxxx Xxxxxxxxx
----------------------- ---------------------------
Xxxx XxXxxx, President Employer Vice President
- 20 -
XXXXX XXXXX CORPORATION
ADJUSTED WAGE SCHEDULE
Effective March 1, 1993, all pharmacists shall receive a general wage
increase of Twenty-Five Dollars per week ($.625 per hour).
Effective September 1, 1994, pharmacists shall receive a general wage
increase of Twenty-Five Dollars per week ($.625 per hour).
Effective September 1, 1992, all employees other than pharmacists
shall receive a general wage increase of Ten Dollars per week ($.25 per hour).
Effective September 1, 1993, all pharmacists shall receive a general
wage increase of Ten Dollars per week ($.25 per hour).
Effective September 1, 1994, all employees other than pharmacists
shall receive a general wage increase of Ten Dollars per week ($.25 per hour).
MEMORANDUM OF AGREEMENT made this 22nd day of September, 1995, by and between
Xxxxx Xxxxx, a New York Partnership, (hereinafter referred to as the
"Employer") and Allied Trades Council (hereinafter referred to as the "Union").
WHEREAS the Employer and the Union are party to an agreement dated July 16,
1992, covering the period from September 1, 1992, through August 31, 1995,
which by its terms was extended for an additional period of three years, up to
and including August 31, 1998, and thereafter as therein provided; and
WHEREAS the parties have negotiated concerning modifications requested by each
of them in the terms of such agreement; it is:
AGREED that the collective bargaining agreement shall be modified only in the
following respects:
1. Effective as of and retroactive to September 1, 1995, all
pharmacists shall receive a general wage increase of $35.00 per week.
2. Effective as of March 1, 1997, all pharmacists shall receive a
general wage increase of $35.00 per week.
3. On or about October 12, 1997, each employee, other than
pharmacists, who was on the Employer's payroll on September 1, 1995, shall
receive a bonus amounting to 7.5% of such employee's straight-time earnings
(including the overnight differential, where applicable), during such part of
the calendar year commencing September 1, 1994 and ending August 31, 1995, as
was worked by each such employee.
4. Effective September 1, 1996, each Assistant Manager shall receive a
general wage increase of $10.00 per week.
5. Effective September 1, 1996, each employee other than pharmacists
and Assistant Managers shall receive a general wage increase or $10.00 per
week.
6. Effective September 1, 1997, each employee other than Pharmacists
shall receive a general wage increase of $10.00 per week.
7. The Employer's contributions to the Allied Welfare Fund (currently
being made at the rate of $45.00 per employee per week), shall increase by
$4.00 per employee per week, commencing with the week ending January 6, 1996,
and by an additional $5.00 per employee per week, commencing with the week
ending September 6, 1996, and by an additional $5.00 per employee per week,
commencing with the week ending September 5, 1997.
8. The regular work week for all employees except Pharmacists shall
consist of forty hours per week, distributed among five working days. Overtime
shall be paid at the rate of time and one-half after forty hours of work.
Employees may voluntarily agree to work weeks of less than forty hours.
9. All other terms and conditions of the Agreement dated July 16,
1992, shall remain in full force and effect.
IN WITNESS WHEREOF the parties have set their hands this 22nd day of September,
1995.
XXXXX XXXXX, A NEW YORK PARTNERSHIP
By: /s/ Authorized Signatory
___________________________________
ALLIED TRADES COUNCIL
By: /s/ Xxxx XxXxxx
___________________________________
