EXHIBIT 10.38
COLLECTIVE BARGAINING AGREEMENT
between
SWISS AMERICAN SAUSAGE COMPANY
and
UFCW LOCAL 101
APRIL 1, 1995 THROUGH MARCH 31, 1998
THIS AGREEMENT is made and entered into by and between SWISS AMERICAN SAUSAGE
CO., located at 00 Xxxxxxxx Xxxxxx, Xxx Xxxxxxxxx, hereinafter referred to as
the "Employer" or "Company" and UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL
101, AFL-CIO, hereinafter referred to as the "Union".
WITNESSETH
----------
In order to establish Working conditions which are fair and equitable to all
Employers and Employees, the parties hereto agree to the following:
The parties to this Agreement recognize the competitive nature of the industry
and further agree that no Employee will be required to work hours in excess of
the working hours established in this Agreement.
SECTION 1. RECOGNITION, JURISDICTION
------------------------------------
1.1 Union Recognition. The Employer recognizes the Union as the exclusive
------------------
bargaining agent for all Employees employed in the classification set
forth in Section 10 working in the plant of the Employer located in
the City of San Francisco or County of San Mateo.
1.2 Classification Definitions. It is understood and agreed that the
---------------------------
following groups of Employees shall be recognized as:
1.2.1 Sausage Makers: This group shall consist of a minimum of seven (7)
---------------
Journeymen and/or Apprentices engaged in processing and manufacturing
specialty sausage items, smoked, cooked and cured meats and meat food
products involving trimming and boning, grinding, formulating, and
other preparation, chopping and mixing, hanging, tying and linking,
stuffing casings, loaves and table work, cooking, smokehouse, steam
cabinet, curing and other work incidental to the above.
1
1.2.2 Production Workers: This group shall consist of those Employees whose
-------------------
job is primarily work other than that outlined above as the work of
Jobbing Butchers and Sausage Makers requiring skills outlined above.
It will include, but not be limited to, work in shipping, receiving,
driving, driver sales, warehousing, slicing, packing, preparation for
production and handling of finished meat cuts and sausage products.
Production workers may be used to supplement the work of Sausage
Makers performing the routine, less skilled tasks, such as, but not
limited to, operation of automated stuffing devices, grinding,
flushing casings, hanging product, opening boxes or similar duties
which cannot be shown to require predominantly Journeymen Sausage
Maker skills.
It is agreed and understood that the use of Production Worker as
herein described shall not result in the displacement of any current
Employees from his/her current classification of work. It is further
agreed that, in the event of a reduction in workforce involving or
affecting the kitchen, Employees in the Production Worker
classification shall be the first removed from the kitchen.
1.2.3 Maintenance Workers: Employees engaged primarily in the maintenance
--------------------
and repair of the Employer's equipment.
1.2.4 Sanitation Workers: Employees engaged primarily in the sanitation and
-------------------
cleaning of the work place.
1.2.5 Working Foreperson: A Working Foreperson shall not be disciplined by
-------------------
the Union or discriminated against in any way for exercising
discretionary duties on behalf of Management or effectively
recommending courses of action to Management.
1.2.6 Supervisors
-----------
Supervisors will not be a part of the bargaining unit, will not be
required to join the Union, and will be permitted to perform whatever
work the Company assigns; provided however that the number of
supervisors shall be limited to a number equal to ten percent (10%) of
the number of bargaining unit employees.
1.2.7 Owner's Family Members
----------------------
It is agreed and understood that officers and their immediate family
may, is assigned to perform bargaining unit work, become members of
the Union on the same terms and conditions membership is made
available to all other bargaining unit employees provided that the
officer is stationed in the
2
jurisdiction of this agreement and these family members do not cause
the displacement of any current employee.
1.3 Performance of Bargaining Unit Work. The Employer agrees that only
------------------------------------
Employees included in the bargaining unit shall perform any of the
work coming within the jurisdiction of this Agreement, provided
however; that non-bargaining unit work may perform bargaining unit
work where necessary for: emergencies beyond the control of the
Employer, work in the instruction or training of Employees, and
testing materials in production.
1.4 Definitions:
------------
1.4.1 Regular Employees. A Regular Employee is one who has completed the
------------------
probationary period for all new Employees in accordance with Section
18 hereof.
1.4.2 Extra Employees. Any employee hired to either relieve a regular
----------------
employee or to supplement the existing work force. Extra Employee
shall not be employed to displace Regular Employees. An Extra Employee
who works forty-five (45) work days for the same Employer within a
twelve (12) month period shall become a Regular Employee for the
purposes of benefit eligibility. Extra Employees may be scheduled less
than forty (40) hours per week. Regular Employees on layoff shall be
called to hired. No Extra Employees will be hired when Regular
Employees in the same classification are on layoff.
It is agreed and understood that assignment of Employees to work less
than forty (40) hours per week within the meaning of this provision,
shall not operate to replace any existing Employees and, further, the
hiring of Employees to work less than forty (40) hours per week shall
not be done for the purpose of permanently replacing full-time
positions. In the event of a reduction in force, those Employees
regularly scheduled to work less than forty (40) hours per week shall
be laid off prior to the layoff of any Regular Employees.
1.4.3 Probationary Employees: A Probationary Employee is one who has not
-----------------------
yet completed the required forty-five (45) work days of trial
employment with the current Employer, as specified in Section 18
(Seniority) herein. New Employees to the industry hired on or after
April 1, 1988, shall not be entitled to health and welfare
contributions, holidays, funeral leave, sick pay and jury duty pay
during the probationary period.
1.5 Management Rights. The Employer shall have the right to the general
------------------
management of all operations and the direction of the workforce,
including
3
but not limited to, the right to hire, transfer, promote, maintain
discipline and efficiency, layoff, establish new processes or use new
equipment, establish schedules of production, and to extend, limit or
curtail its operations. Nothing in this Agreement shall be construed,
by any manner or means, to preclude the subcontracting of work by the
Company or to require the Company to perform work at this Plant rather
than elsewhere so long as the rights specified herein are not
exercised in a manner inconsistent with this Agreement.
SECTION 2. UNION SECURITY
-------------------------
2.1 Local Union Membership. Every person performing work covered by this
-----------------------
Agreement who is a member of the Union on the effective date of this
Section shall, as a condition of employment or continued employment,
remain a member of the Union. Every person employed to perform work
covered by this Agreement shall, as a condition of employment, be a
member of the Union, or shall, within a period of thirty-one (31) days
after the effective or execution date of this Agreement, whichever is
later, become a member of the Union.
2.2 Maintenance of Membership. The Employer shall discharge every person
--------------------------
who has failed to comply with the provision of Section 2.1 at the end
of the work day during which notice of such noncompliance is received.
The Employer further agrees not to again employ or re-employ any
person(s) so discharged until he or she is a member of the Union;
provided, however, in the event that the Labor Management Relations
Act, as amended, is applicable to this Agreement, the provisions of
this sentence of this Section 2.2 shall not be applied until a final
administrative or judicial decision has been rendered which would
permit its application under the Act.
2.3 Applicants for Membership. Membership in the Union shall be available
--------------------------
to person employed in work covered by this Agreement upon terms and
qualifications not more burdensome than those applicable generally to
other applicants for such membership.
SECTION 3. EMPLOYMENT
---------------------
3.1 No Discrimination. The Employer shall have sole responsibility for
------------------
the full freedom in the selection and employment and discharge of
persons employed or to be employed in work covered by this Agreement,
subject to the provisions of this Agreement; provided, that there
shall be no discrimination because of membership or non-membership in
or participation or non-participation in the activities of the Union.
The Employer will not discharge or discriminate against any Employee
upholding lawful Union principles such
4
as serving as an officer or other representative of the Union,
soliciting membership in the Union, wearing Union buttons,
distributing Union literature or attending Union meetings provided
that such activity does not interfere with his or her work. The
Employer will not discharge or discriminate against any Employee for
failing or refusing to purchase stock, bonds, securities, or any other
interest in any corporation, partnership or company.
3.2 Hiring Notification. An Employer who desires to employ a person in
--------------------
work covered under this Agreement shall inform the Union of the number
and qualifications of persons desired, the location of the job site,
in advance of the time that such perons are required.
3.3 Hiring Consideration. In the hiring of new Employees, the Employer
---------------------
agrees that it will give equal consideration to all applicants,
including those referred by the Union. The Employer and the Union will
not discriminate compensation, terms or conditions of employment
because of such individual's race, color, religion, sex, age (to the
extent provided by law), or national origin; nor will they limit,
segregate or classify Employees in any way to deprive any individual
Employee of employment opportunities because of their race, color,
religion, sex, age (to the extent provided by law), or national
origin. Any reference to the male gender in this Contract shall be in
the generic sense and it shall refer equally to either sex without
discrimination, as provided above.
3.4 Union Notification. The Employer shall notify the Union within one
-------------------
(1) week of the name, address, Social Security Account Number and
classification of every such person employed in work covered by this
Agreement, together with the date of such employment and location of
the place or prospective place of employment. Whenever a person is
rejected for or discharged for such work, the Employer shall, upon
request of the Union, notify the Union of the reason or reasons
therefor. The notice required by this Article shall be made in writing
within forty-eight (48) hours after such request. Any Employees hired
shall report to the Union within one (1) week after the date of
employment to fill out and sign applications, forms and papers for
health and welfare, dental and pension purposes.
SECTION 4. DISCHARGE
--------------------
4.1 Prohibition Against Discharge. No Employee covered by this Agreement
------------------------------
shall be suspended, demoted or discharged without just and sufficient
cause. Discharge for failure to comply with Section 2.2 of this
Agreement shall be deemed a discharge for cause. Before an Employee is
suspended for more than three (3) days or discharged, he or she shall
receive written warning of
5
unsatisfactory conduct and a copy of such notice shall be sent to the
Union. Such written warning shall not be effective for suspension
actions for more than nine (9) months. The Employee receiving such
warning shall be given reasonable opportunity to rectify or change
such conduct. The notice and warning required by this section need not
be given to Employees disciplined for, but not limited to any gross
violation of reasonably acceptable conduct.
4.2 Notice From Insurance Carrier. When an insurance carrier notifies the
------------------------------
Employer that the Firm's vehicle insurance is being cancelled because
of a driver's record of on-the-job driving on file with the California
Department of Motor Vehicles, that driver may be transferred to
another job, if available, where he or she shall have seniority as a
new Employee or, if no job is available, he or she may be laid-off
pending the results of the grievance procedure.
4.3 Right of Appeal. Any Employee claiming unjust dismissal, demotion or
----------------
suspension shall make his or her claim therefor to the Union within
ten (10) working days of such dismissal, demotion or suspension and
the Union will that day notify the Employer by telephone and confirm
in writing, otherwise, no action shall be taken by the Union. If,
after proper investigation by the Union and the Employer, it has been
found that an Employee has been disciplined unjustly, he or she shall
be reinstated with full rights and shall be paid his or her wages for
the period he or she was suspended, demoted or dismissed.
Investigation of any claims shall be rode within ten (10) days of the
making of such complaint by the Employee. Any dispute arising out of
such suspension, demotion, or discharge shall be processed under
Section 19 (Grievance and Arbitration) of this Agreement.
4.4 Notification of Discharge. When an Employee is discharged, the
--------------------------
Employer must give written notice to the Employee, stating the reasons
for such discharge, and the Union shall receive a copy of said notice.
Upon written notification by the Union of an Employee holding a second
job, the Employer will either terminate the employment of the Employee
or require that he or she resign his or her second job. Where an
Employee is holding a full-time second job, the Employer, five (5)
working days after written notice to the Employee requesting he or she
resign his or her second job, may terminate him or her if he or she
does not do so.
SECTION 5. HOURS
----------------
5.1 Hours of Operation. The hours of operation of the Employer's facility
-------------------
shall be as hereunder provided and shall apply to all Employees of the
Employer covered herein. Hours worked in excess of eight (8) straight-
time hours in a day or in excess of forty (40) straight-time hours in
any week shall be paid
6
at one and one-half (1 1/2%) times the straight-time rate.
5.2 Posting Requirement. All regular Employees shall have their schedule
--------------------
posed by Friday noon for the following work week. It shall not be
changed except by reason of an Act of God or other reason beyond the
reasonable control of the Employer. The schedule shall show the full
name of the Employee, the starting times and the days scheduled for
him or her during the following week in ink or typewritten.
5.3 Schedule of Shift. All first shift hours shall be regularly scheduled
------------------
to commence no earlier than 5:00 a.m. and no later than 10:00 a.m. The
second shift hours shall commence on or after 10:00 a.m. and no later
than 5:00 p.m. The third shift hours shall commence on or after 5:00
p.m. and before 5:00 a.m. All work commenced on or after 10:00 a.m.
but no later than 5:00 p.m. shall be paid for at the rate of the
second shift premium for all hours worked. All work commenced on or
after 5:00 p.m. and before 5:00 a.m. shall be paid at the third shift
premium for all hours worked.
5.4 Guaranteed Work Week. Regular Employees shall be guaranteed payment
---------------------
for and expected to work eight (8) hours each day, forty (40) hours
for each week subject to the addition of all premium and overtime
provisions, unless such work ceases to be available by reason of an
Act of God, or other reason beyond the control of the Employer.
Employees unable to work eight (8) hours a day, forty (40) hours a
week shall provide a reasonable explanation and verification of the
reason of absence where appropriate and in compliance with the
provisions of this Agreement.
5.5 Extra Employees Work Week. Extra Employees may be scheduled to work
--------------------------
less than forty (40) hours per week. Extra Employees shall be
scheduled to work in accordance with their seniority. Extra Employees
scheduled to work less than forty (40) hours shall be scheduled as
work is available.
5.6 Regular Work Week. The regular work day shall consist of eight (8)
------------------
hours within nine (9) hours, Monday through Friday, inclusive,
provided however, it is agreed and understood that the Employer may,
during the course of this Agreement, with seven (7) calendar days
notice to the Union, institute a Tuesday through Saturday work week.
This work week shall be comprised of a regular crew and established
only for the purpose of expanding production capability. This work
week shall be offered on a voluntary basis to existing Employees and
shall not be used to reduce existing Saturday overtime opportunities.
5.7 Minimums. Five (5) days consisting of eight (8) working hours per
---------
day, forty (40) hours, Monday through Friday, inclusive, except as
otherwise herein
7
provided, shall constitute a work week for all eligible Employees
except that during a week in which a holiday falls, the work week
shall consist of thirty-two (32) hours. Employees called to work will
be provided with a minimum of eight (8) hours work or pay in lieu of
work, such pay to start from the hour the Employee is required to
report for work, except in case of matters beyond the control of the
Employer. Employees doing security inspection or quality control shall
be guaranteed a minimum of one (1) hour work or pay in lieu thereof.
5.8 Bid on Job Shifts. Employees shall have the right to bid on job shift
------------------
assignments in the order of their seniority except that no Employee
shall have this opportunity more often than once in every six-month
period, except when a shift is re-established Within the six (6)
months. It is understood that this privilege shall not result in chain
bumping. When a shift is discontinued, the senior Employee shall have
the right to bid on the job classification in the existing shift.
5.9 Call Back. An Employee called back to work within twelve (12) hours
----------
from the end of his or her shift shall be paid one and one-half (1
1/2%) his or her applicable rate for the hours worked prior to the
expiration of such hours.
5.10 Meal Periods. All Employees shall receive one (1) full uninterrupted
-------------
hour for a meal period or by mutual agreement between the Employees,
the Employer and the Union one-half (1/2) hour, approximately in the
middle of the working day, and in no event shall an Employee work more
than five (5) hours before any meal period. In agreeing on lunch
periods, the parties will consider the requirement set by the USDA for
meat inspectors.
5.11 Rest Periods. All Employees shall receive two (2), fifteen (15)
-------------
minute rest period in an eight (8) hour day. Employees working beyond
nine (9) hours in a day shall receive an additional ten (10) minute
rest period.
5.12 Clean Up. Sufficient time shall be allowed to clean up the Plant in
---------
order that the Employees may leave by their regular quitting time.
SECTION 6. OVERTIME
-------------------
6.1 Overtime Pay. All work in excess of eight (8) hours in one (1) day
-------------
and all work in excess of forty (40) hours in one (1) week shall be
paid for at the overtime rate of one and one-half (l 1/2) time the
Employee's regular straight time rate of pay. Employees shall be paid
at one and one-half (1 1/2) for all work performed on the sixth (6th)
day of the Employee's work week. All work performed in excess of ten
(10) hours in any one (1) day shall be paid for at the overtime rate
of two (2) times the Employee's regular straight time
8
rate of pay. When overtime work is scheduled for Sundays and Holidays,
such work shall be paid for at the overtime rate of (2) times the
Employee's regular straight time rate of pay (double time). All work
performed either before the Employee's scheduled eight (8) hour shift
or after the completion of his or her scheduled eight (8) hour shift,
except as provided above, shall be paid for at the rate of one and
one-half (1 1/2%) times the Employee's regular straight time rate of
pay. In the event an Employee is required to report for work earlier
than his scheduled shift starting time, the Employer shall schedule a
minimum thirty (30) minutes of work time in this period. There shall
be no pyramiding of overtime under this Agreement. Extra Employees
will be given the preference whenever possible to avert overtime.
6.2 Daily Overtime. Preference for overtime work shall be given to
---------------
Employees performing the work prior to the expiration of the shift. If
additional Employees are required such overtime work shall be offered
to Employees by classification seniority within the department, then
plantwide.
6.3 Weekend/Holiday Overtime. Preference for overtime work on a weekend
-------------------------
or holiday shall be offered to Employees performing the work during
the regular work week first, next by classification seniority within
the department, then plantwide as per current practice.
6.4 Reporting Pay. When an Employee is sent out from the Union to a
--------------
position at the request of the Employer, or is requested by the
Employer to report to work arriving there on time is not permitted to
work, the Employee reporting to work shall be given a day's pay. If an
Employee arrives late, then he or she may be sent home and the
Employer shall not be obligated to pay him or her for that day;
however, if the Employee is allowed to work any part of that day, he
or she shall be paid only for the hours actually worked on that day
and his or her guarantee shall be proportionately reduced by the hours
not worked on that day.
SECTION 7. HOLIDAYS
-------------------
7.1 Recognized Holidays. The following holidays shall be recognized and
--------------------
observed annually under this Agreement and eligible Employees as set
forth in Section 7.4 shall receive pay for said holidays as if worked.
1. New Year's Day 6. Labor Day
2. Xxxxxx Xxxxxx Xxxx'x 7. Thanksgiving Day
Birthday 8. Day after Thanksgiving
3. Presidents Day 9. Christmas Day
4. Memorial Day 10. Employee Birthday
5. Fourth of July
9
7.2 Employee's Birthday. Each Employee shall give his or her Employer
--------------------
notice of his or her birthday at least two (2) weeks prior to the week
in which the birthday occurs. When the necessities of the Employer's
business preclude the granting of the Holiday on such birthday of the
Employee, the Employer shall notify the Employee during the week in
which the Employee gave notice of the birthday to the Employer and a
change shall be scheduled by mutual agreement in the week preceding or
in the week following the week of the Employee's birthday. The
Birthday holiday shall apply only to Regular Employees who have been
employed by the Company for one (1) one full year. If an Employee's
birthday falls on a day which is otherwise considered as the Holiday,
or on a Saturday or Sunday, he or she shall receive an additional day
off for the birthday in addition to the Holiday on which it falls or
may receive pay (eight (8) hours at the straight time rate of pay) by
mutual agreement with the Employer. The Birthday Holiday must be taken
within each contract year or it shall be lost.
7.3 Holiday Pay Eligibility. Non-probationary Employees working their
------------------------
scheduled work day before and their scheduled work day after the
Holiday shall receive pay for the Holiday, except that an Employee who
is absent due to illness or injury for a period not in excess of
thirty (30) days, or death in the immediate family and is, therefore,
unable to work the scheduled work day before and the scheduled work
day after the Holiday shall receive pay for the Holiday. If a Regular
Employee worked in the week before Christmas Week or in the week
following New Year's Day Week, he or she shall be paid for both
Holidays. Any Regular Employee or temporary layoff who worked any
portion of the week preceding, the week of, or the week following the
Holiday week shall be paid for the Holiday if temporary layoff has not
and does not exceed three (3) weeks. Extra Employees working the work
days in the week of the Holiday shall be paid for the Holiday.
7.4 Holidays Falling on Saturday/Sunday. When one of the above enumerated
------------------------------------
Holidays falls on a Sunday, then Monday shall be considered as the
Holiday. When one of the above enumerated Holidays falls on a
Saturday, then Friday shall be considered as the Holiday.
SECTION 8. VACATIONS
--------------------
8.1 Vacation Benefits. All Regular Employees who have been in the employ
------------------
of the Employer for at least one (1) year shall be entitled to receive
vacation benefits as specified below. Employees going on vacation
shall receive pay for said vacation period prior to leaving on
vacation.
8.1.1 One (1) week's (five (5) days) vacation with pay after completion of
the first year of service.
10
8.1.2 Two (2) week's (ten (10) days) vacation with pay after completion of
the second year of service.
8.1.3 Three (3) week's (fifteen (15) days) vacation with pay after
completion of the sixth year of service.
8.1.4 Four (4) week's (twenty (20) days) vacation with pay after completion
of the fifteenth year of service.
Employees with seniority dates prior to October 1, 1982 who are
entitled to four (4) or more weeks of vacation with pay shall be
frozen at their current entitlement and shall not accrue further
additional vacation benefits by virtue of additional years of Company
service or otherwise.
8.2 Multiple Week Vacation Schedules. Where an Employee is entitled to
---------------------------------
three (3) or more weeks of vacation the Employee and Employer may, if
they mutually agree, provide that two (2) weeks be taken at one time
and the balance taken at one other time during the year, or that two
(2) weeks may be taken at one time together with payment in lieu of
the balance thereof.
8.3 Vacation Schedule. The principle of seniority shall be observed in
------------------
the choice of vacation period. The Vacation Schedule for the period
March 15 of the current year to March 15 of the following year shall
be posted by February 1 and selection of the first increment of
vacation shall be completed by all Employees by March 1. Selection of
the second increment of vacation shall be completed by all Employees
by March 15. After this, there shall be no changes in the schedule
except in case of severe personal hardship. The Employer shall have
the right to designate the number of Employees that may be off at any
given time, but in no event less than one (1) Employee in any one (1)
week except for five (5) weeks out of the year marked out by the
Employer in consideration of his business needs. If an Employee who is
entitled to more than three (3) weeks of vacation does not select
dates for additional weeks by March 15, he or she may subsequently
select dates after September 30, upon mutual arrangement with the
Employer, so long as such selection would not require a change in
another Employee's scheduled vacation.
8.4 Pro-Rated Vacation Pay Upon Separation From Employment. Upon
-------------------------------------------------------
termination of employment or change of ownership of a plant, Employees
shall receive pro-rated vacation pay based on each full month worked
since the Employee's last anniversary date of employment; provided,
however, vacation pay shall not be paid during the first year of
employment in cases of discharge for cause or voluntary quit, except
that on voluntary quits where one week's notice has been given to the
Employer, the Employee shall receive
11
pro-rated vacation pay.
Employment period Rate of Accrual
---------------------------------
First 6 months none
After 6 months 1/6 weeks(s) owed per month
After 4 years 1/4 week per month
8.5 Pro-Rated Vacation Formula for Employees Working Less Than a Full
-----------------------------------------------------------------
Year. An Employee shall receive full vacation pay at his or her
-----
regular weekly rate of pay if he or she works one hundred and eighty
(180) days or more during his or her anniversary year. If an Employee
works less than one hundred and eighty (180) days during his or her
anniversary year, he or she shall receive pro-rated vacation pay. Such
pro-rated vacation pay shall be computed by taking his or her gross
earnings during his or her anniversary year, divided by fifty-two (52)
and multiplied by the number of weeks vacation to which the Employee
is entitled according to his or her length of service. Calculation of
vacation under this Article is permitted only on an Employee's
anniversary date and is not to be used for incomplete years.
8.6 Holiday During Vacation. When a Holiday falls within the Employee's
------------------------
vacation period, he or she shall be eligible for a paid day off at a
time mutually agreeable to the Employee and the Employer, except that,
if the Employee and the Employer mutually agree, the Employee may
receive pay in lieu of the Holiday.
8.7 Estate Benefit. In the event of the death of an Employee who is
---------------
eligible for sick leave and vacation pay, his or her estate, or the
person legally entitled thereto, shall receive pro-rated vacation and
sick pay computed under the provisions of Section 8.4 and 14.1 of this
Agreement.
8.8 Vacation Mobility. The Employer agrees to consider vacation benefits
------------------
earned with a previous industry Employer when hiring Employees.
SECTION 9. LEAVES OF ABSENCE
----------------------------
9.1 Approved Leave of Absence. The Employer may grant leaves to Employees
--------------------------
based on merit of the leave. Request and permission must be in
writing. An Employee who fails to report for work at the end of a
Leave of Absence shall terminate seniority rights except where the
Employer has agreed to extend the Leave of Absence. A thirty (30) days
Leave of Absence without pay shall be allowed where necessary in order
to care for necessary details resulting from the death of a member of
his or her immediate family as defined below. All Leaves of Absence
granted in this Agreement shall be considered as part
12
of the continuous service with the Employer subject to the limitation
outlined in Section 18.3. When a personal Leave of Absence is granted
to an Employee by an Employer, a written notice shall be given to
evidence such an arrangement. Employees shall use all vacation time
and Floating Holidays prior to the start of any leave of absence.
9.2 Union Business. Employees chosen by the Union to attend Union
---------------
business outside the Plant shall, with permission of the Employer, be
granted leave of absence without pay, not exceeding thirty (30) days.
A request for such leave of absence shall be made at least seven (7)
working days prior to the first (1st) day of absence, except that such
notice need not be provided for absences to attend collective
bargaining negotiations.
9.3 Non-Paid Funeral Leave. In the event of a death of a person other
-----------------------
than those identified in this Section the employee shall be given one
(1) day off upon request, without pay, for the purpose of attending
the funeral unless the number of requests for attendance at the
funeral would unduly hamper the operation of the Employer's business
during the time of the funeral, in which case attendance at the
funeral shall be granted on the basis of the order in which the
requests were made.
9.4.1 Funeral Leave. When a Regular Full-Time Employee on the active payroll
--------------
is absent from work for the purpose of arranging for or attending the
funeral of a member of his or her immediate family as defined below,
the Employer shall pay him or her for eight (8) hours at his or her
regular rate of pay for each day of such absence up to a maximum of
three (3) days provided:
9.4.2 The Employee notifies the Employer of the purpose of his or her
absence on the first day of such absence;
9.4.3 The absence occurs on the day during which the Employee would have
worked but for the absence;
9.4.4 The day of absence is not later than the day of such funeral except
where substantial travel time is required.
9.5 Proof of Relationship. The Employee, when requested, furnish proof
----------------------
satisfactory to the Employer of the death, his or her relationship to
the deceased, the date of the funeral, and the Employee's actual
attendance at such funeral. For the purpose of this Agreement, a
member of the immediate family means the Employee's spouse, child,
mother, father, sister, brother, mother-in-law, father-in-law,
grandparents, grandchildren, step-parents and step-children.
13
SECTION 10. WAGES
-----------------
10.1 SAUSAGE MAKERS 4/01/95 4/01/96 4/01/97
-------------- ------- ------- -------
$13.25 $13.40 $13.55
10.2 APPRENTICES
-----------
First Six Months 65% of Journeymen Rate
Second Six Months 70% of Journeymen Rate
Third Six Months 85% of Journeymen Rate
Fourth Six Months 90% of Journeymen Rate
Thereafter 100% Journeymen Rate
10.3.1 Production Workers "A" 4/01/95 04/01/96 4/01/97
---------------------- ------- -------- -------
Hired before 1982 $12.25 $12.40 $12.55
Production Workers
------------------
Hired after 10-1-82
1st 6 months - $7.00 per hour 5th 6 months - $8.25 per hour
2nd 6 months - $7.50 per hour 6th 6 months - $8.50 per hour
3rd 6 months - $7.75 per hour 7th 6 months - $8.75 per hour
4th 6 months - $8.00 per hour 8th 6 months - $9.00 per hour
Thereafter
1st 12 months - $9.25 per hour
2nd 12 months - $9.40 per hour
3rd 12 months - $9.55 per hour
Foreperson 75 cents per hour above Classification Rate
Second Shift 25 cents per hour above Classification Rate
Third Shift 30 cents per hour above Classification Rate
Leadperson 50 cents per hour above Classification Rate
It is also specifically agreed that all employees receiving above scale
rates will maintain such rates and also be eligible for any scheduled
wage increase.
14
10.3.2 Merit Pay Increases
-------------------
The Employer shall have the right to grant individual Employees merit
pay increases above the contract pay rates without evaluation and not
subject to objection or grievance by the Union.
10.3.3 "Workshare" Program
-------------------
The Employer agrees to provide for continued participation by the
Employer in the California Economic Development Department "Workshare"
program.
10.4 Records. The Employer agrees to keep records of time worked by all
-------
Employees in such a manner as is prescribed by the applicable
provisions of the Fair Labor Standards Act, whether or not that Act
actually applies to the Employer. Every Employer shall install a time
clock for the purpose of keeping accurate records of the hours worked
by each Employee. Upon request, the Employer shall permit the Union to
examine the payroll records of the Employees in the bargaining unit at
reasonable times during the regular scheduled working hours.
10.5 Bonus Payments. The Employer shall pay to each Regular Employee on
---------------
the first pay period following April 1, 1995, a Bonus not to exceed
35c per hour of all straight time hours compensated in addition to
wages but subject to payroll taxes. Effective April 1, 1996 the Bonus
compensation shall be increased to 45c per hour. The schedule for the
payment of such bonuses is as follows:
July 1995 January 1997
October 1995 April 1997
January 1996 July 1997
April 1996 October 1997
July 1996 January 1998
October 1996
10.5.1 In all cases the bonuses will be prorated at $14.00 or $18.00 for each
week, or portion thereof, worked for the 13 week period preceding the
payments except for the provision in Section 13.1.2.
SECTION 11. APPRENTICES
-----------------------
11.1 Apprentice to Journeyman Ratio. Each establishment employing one (1)
------------------------------
or more Journeymen shall be entitled to one (1) apprentice and the
employment of five (5) or more Journeymen entitles the establishment
of two (2) apprentices and one (1) additional apprentice shall be
allowed for each four
15
(4) additional Journeymen employed.
11.2 Training. On-the-Job Training Apprentices shall be in accordance with
--------
the California Apprentice Law (Xxxxxx-Xxxxxxx Act) as set forth in the
California Labor Code.
11.3 Promotion of Journeymen. After two (2) years Apprentices shall
-----------------------
advance to Journeymen, except that all Apprentices employed as of the
date of this completion of the two (2) years training period, there is
a reasonable doubt of the Apprentice's competency to be classified as
a Journeyman, such Apprentice shall be given an examination to test
his or her Journeyman competency. An Apprentice failing such
examination shall be required to work as an Apprentice for three (3)
additional months before being eligible for re-examination. Failure to
pass this second examination shall restrict the employment of an
Apprentice to three (3) additional months, at the end of which time he
or she shall have been allocated to Journeyman's status, or employment
shall be terminated.
11.4 Transfer. An Apprentice from another Union or Plant shall not lose
--------
his or her apprenticeship standing when transferring into this Union
or hiring out to another Plant.
11.5 Examination. Applicants or members of this Union who have served
-----------
their Apprenticeship elsewhere may take their examination upon a
proper showing of experience.
11.6 Apprentice Seniority. Apprentices who complete their training and
--------------------
become Journeymen shall have a seniority date for layoff purposes of
their first date of apprenticeship.
SECTION 12. SUPERANNUATED EMPLOYEES
-----------------------------------
12.1 Any Employee whose earning capacity is limited because of advance age
or other handicaps that may interfere with his or her normal
employment activities may be employed on suitable work at a wage
agreed upon by the Employee, the Employer and the Union.
SECTION 13. HEALTH AND WELFARE
------------------------------
13.1 Health Benefits. The Employer agrees to continue to make payments to
---------------
the Northern California Butcher Unions and Employers Health Trust Fund
for the purpose of paying health and welfare benefits for Employees,
their families and dependents and agrees to be subject to and entitled
to the
16
benefits of all the provisions of the Trust Agreement dated March 19,
1962, establishing said Fund, including specifically the requirement
to pay liquidated damages as set forth in Article III, Section 8 of
the Trust Agreement creating such Fund.
13.1.2 Contribution Rate. During the term of this agreement the Employer
-----------------
agrees on behalf of each non-probationary and "not-new-to-the-
industry" Employee except as prescribed in Section 1 to contribute for
each hour worked and/or paid for (exclusive of overtime hours) the
following:
Effective for hours worked in April 1995 and thereafter, payable in
May 1995, the employer will pay up to Two dollars and Forty-five cents
($2.45) per hour for all straight time hours worked or paid for each
eligible employee. Effective April 1, 1997 the Employer agrees to
increase his contribution to the Trust Fund up to a maximum of Two
dollars and Fifty-five per hour ($2.55) if required by the Trustees.
It is agreed by the parties that in the event the additional ten cents
(10c) is not required by the Trustees, that five cents (5c) shall be
used to increase the bonus from forty-five cents (45c) to fifty cents
(50c) for the third year of this Agreement. The Employer agrees to be
signatory to the terms and conditions, including contributions rate,
set forth in the Plan W of the UFCW Wholesale Health and Welfare
Trustee Fund for the terms of this Agreement.
13.2 In the event of legislation providing health and welfare or sick leave
benefits which are also provided for under this Agreement, the
Trustees are directed to immediately amend the Plan Document deleting
duplicated benefits.
13.3 Contribution shall be made on all straight-line hours worked and/or
compensated for. It is understood that the contributions required on
behalf of any employee shall not exceed forty (40) hours per week or
two thousand eighty (2080) hours in any calendar year. In order to
qualify for health and welfare coverage, employees must work or be
compensated for a minimum of eighty (80) straight-time hours per month
in addition to meeting other eligibility requirements as established
by the current plan of benefits.
13.4 The parties recognize and acknowledge that the regular and prompt
payment of Employer contributions to the Fund is essential to the
maintenance of the Health and Welfare Plan, and inasmuch as
beneficiaries under this Plan are entitled to health and welfare
benefits for the period of time that they may have worked while
covered by the Plan even though contributions have not been paid on
their behalf by the Employer, that it would be extremely difficult, if
not impractical, to fix the actual expense and damage to the Fund and
to the Health and Welfare Plan which would result from the failure of
an individual Employer to pay such monthly contribution in full within
the
17
time period provided. Therefore, the amount of damage to the Fund
and Health and Welfare Plan resulting from such failure shall be
presumed to be the sum of twenty dollars ($20.00) per delinquency, or
ten percent (10%) of the amount of the contribution or contributions
due whichever is greater, not to exceed the sum of one hundred dollars
($100.00) per delinquency, which amount shall become due and payable
to the Fund as liquidated damages and not as a penalty, upon the day
immediately following the date upon which the contribution became
delinquent contribution or contributions, as well as any further sums
permitted by law.
SECTION 14. SICK LEAVE
----------------------
14.1 Annual Allowance.
----------------
Effective April 1, 1988
-----------------------
All Regular Employees shall be entitled to two-thirds (2/3) of one (1)
day of leave for every ninth in which eighty (80) hours (or more) are
worked. Employees who work forty (40) or more hours per month, but
less than eighty (80) hours per month, shall be given one-third (1/3)
day credit for each such month. Unused sick and accident leave shall
be cumulative to twenty (20) days on each anniversary year.
14.2 Sick Leave Pay. Sick leave shall commence with the first (1st) day of
--------------
absence for sickness or accident except as prescribed in Section
14.2.1. Sick leave shall always be paid for the first (1st) day of
absence when the employee is hospitalized or when the first day of
absence is the day following an injury incurred on the job for which
the Employee required medical treatment. A day's sick and accident
benefits shall mean a day's pay at the rate in effect at the time the
Employee qualifies to receive the sick and accident benefits, and may
actually be spread over more than one (1) day to integrate with other
payments contemplated in Section 14.3.
14.2.1 Employees who receive a written warning because of six (6) absences
shall lose the right to sick leave on the first day of absence and
shall only be able to collect sick leave on the second day of absence.
The collection of sick leave on the second day shall stay in effect
until the employees have maintained their record at 5 or less absences
in a 12 month period at which time the Employee shall then be eligible
for first (1st) day absence sick leave.
14.3 Integration with Worker's Compensation or Unemployment Disability
-----------------------------------------------------------------
Insurance. An Employee who is collecting unemployment compensation
----------
disability benefits, or workers' compensation temporary disability
benefits, or both, shall not receive sick and accident benefits as
provided herein;
18
provided, however, if such unemployment compensation disability
benefits or workmen's compensation temporary disability benefits, or
both are less than the amount of the sick and accident benefits
provided herein for such period, such Employee shall receive sick and
accident benefits in addition to such unemployment compensation
disability benefits or workers' compensation temporary disability, or
both, in an amount sufficient to equal the amount of sick and accident
benefits he or she would have otherwise received as provided herein.
All sickness and accident benefit payments due under this Article
shall be payable on the Employee's regular pay period.
14.4 Proof of Illness. The Employer shall reserve the right to request the
----------------
Employee to produce a medical doctor's certificate verifying the fact
of such illness. An Employee may be excused from the requirement to
provide medical verification of illness provided the following
criteria are met:
14.4.1 The absence does not exceed two (2) days including any Holiday which
is the day before or after the day of absence.
14.4.2 Upon request, the Employee signs a statement stating he or she was
unable to work because of illness which did not require medical
attention and that any false statement will be grounds for
disciplinary action. The Employee and/or doctor must check in at not
more than two (2) week intervals with the Company when an Employee is
out on an illness in order to protect his or her rights under Section
18.
14.4.3 The Employee calls his or her supervisor no later than the regular
starting time on the day of each such absence stating the reasons for
the absence.
14.5 Job Injury. An Employee who is injured on the job and does not
-----------
complete that day's work or is otherwise not permitted to return to
work, shall receive pay for the entire work day and such pay shall not
be charged against sick leave or accident leave; provided, the
Employee is sent home or is otherwise not permitted to work by a
medical doctor, chiropractor or osteopath on the approved list of the
insurance carrier of the individual company.
14.6 Medical Appointments. Visits to the doctor or dentist shall not
--------------------
qualify the Employee for sick leave pay. Whenever possible,
appointments by reason of illness or non-compensable injury shall be
made outside of working hours. Where such appointments must be made
during working hours, the Employee shall apply to the Employer, in
writing, at least two (2) working days prior to his or her appointment
date for unpaid time off to keep such an appointment. Time not worked
by an Employee became of visits to a doctor for an industrial injury
shall be paid by the Employer at the Employee's applicable rate to
pay. Emergency appointments shall not be subject to the
19
two (2) day rule.
14.7 Accumulation. An Employee who has accumulated twenty (20) days sick
-------------
leave with his current Employer shall be paid in cash by the Employer
the amount of any unused sick leave accumulated over twenty (20) days
on each anniversary year. On termination of employment, an Employee
may apply to his or her last Employer for cash payout of all unused
sick leave accumulated with that Employer. No Employee who has begun a
scheduled vacation, may convert the time off to sick leave instead of
vacation because of illness incurred after the vacation began.
14.8 Bonus Payment on Worker's Compensation. The Employer will agree that
---------------------------------------
employees off the job due to a bona fide industrial injury shall have
such time off considered as credited straight-time hours for the
purpose of the Bonus calculation under the Collective Bargaining
Agreement.
SECTION 15. PENSIONS, RETIREMENT BENEFITS
-----------------------------------------
15.1.1 Contributions. Effective for April 1, 1995, the Company will
--------------
contribute the sum of One Dollar and Twenty-five cents ($1.25) per
hour worked or paid for, exclusive of overtime hours, for each
individual employed under this Agreement to an X.X.X. (Simplified
Employee Pension). Contributions will be made at year end. The parties
agree that the contributions to the X.X.X. shall be made no later than
January 31, of the year following the earned credit.
15.1.2 The Employer agrees that in the event that an Employee terminates
anytime prior to year end they shall be eligible for pension
contribution earned and payable at year end as per Section 15.1.1. For
the purpose of this Section, each hour, other than overtime hours, for
which payment is made to an Employee, shall be deemed to be an hour
worked.
15.2 Waiting Period. Effective April 1, 1988, Pensions/Retirement Benefits
---------------
contributions shall commence after six (6) months of employment for
new Employees in the industry. For the purpose of this Section, each
hour, other than overtime hours, for which payment is made to an
Employee, shall be deemed to be an hour worked.
SECTION 16. JURY DUTY
---------------------
16.1 Benefit. An Employee who is summoned and reports for jury duty shall
--------
receive the difference between jury pay and his or her regular daily
rate of
20
pay for each day for which he or she reported for jury duty and/or
orientation and on which he or she would normally have worked.
16.2 Return to Work. Day shift Employees called for jury duty or
---------------
examination and excused by the court prior to 12:00 noon shall return
to work for the balance of their day shift and shall be paid for the
difference between jury pay or examination pay, if any, and their
straight-time lost. Night or swing shift Employees called for jury
duty or examination and excused by the court prior to noon shall
report for their regular night shift or swing shift work and shall not
be eligible for any jury pay under this Section. Night or swing shift
Employees shall not be required to serve on jury duty in the same day
time and work night shift or swing shift on the same calendar day, but
shall receive the difference between their jury pay and their regular
shift pay lost.
16.3 Proof of Attendance. Employees will present proof of service,
--------------------
including time served and amount of pay received.
SECTION 17. GENERAL BENEFITS
----------------------------
17.1 Uniforms. All uniforms, caps, gowns, aprons, and reasonable limited
---------
laundry service of same shall be furnished free of cost to all
Employees, plus Two Dollars and Fifty Cents ($2.50) weekly allowance
to cover cost of oilskin, aprons, rubber aprons, rubber boots, knives,
steels, wetstones and hooks and other tools to those Employees who use
them in the performance of their work and the Employer shall keep the
same dressed, sharpened and otherwise in proper order without cost to
the Employee. The Employer may at his option provide free of cost
oilskin aprons, rubber aprons and rubber boots to those Employees who
use them in lien of the weekly allowance.
17.2 Computing Overtime. Paid absences from work, such as vacations,
-------------------
Holidays and sick leave, shall be considered as time worked for the
purpose of this Agreement but shall not be deemed as time worked for
the purpose of computing overtime.
17.3 Company Meetings. Time spent in mandatory company meetings called by
-----------------
the Employer, before or after the day's work, shall be considered as
time worked and shall be paid for in accordance with the provisions of
this Agreement.
17.4 Minimum Wages/Benefits. No Employee receiving wages, other benefits
-----------------------
or privileges either above the minimum herein or not provided for
herein shall have such benefits or privileges taken away by reason of
any provisions of this Agreement. The Employer agrees that no Employee
shall be compelled or allowed to enter into any individual contract or
agreement with his or her
21
Employer concerning wages, hours or work and/or working conditions
that provide benefits less than the terms and provision of this
Agreement. Where the basis for amounts paid over the wage rated
provided for in Article 10 have specifically set forth in writing to
the Employee, they my be discontinued when the reason for their
payment ceases to exist and the Employee has been so advised in
writing with a copy to the Union.
17.5 Hand Trucks. The Employer shall provide hand trucks and hooks to
------------
those Employees who use them in the performance of their work. Where
the Employer provides facilities to lock up the hand truck, the
Employee shall be held responsible for it.
SECTION 18. SENIORITY
---------------------
18.1 Posting. Where a higher wage rate position becomes open, the Employer
--------
agrees to post notice of such job opening and further agrees to
consider (up to three (3) qualifying) Employees who apply for such
opening, based upon their seniority, attendance, attitude and work
performance. However, in order for an Employee to be eligible for the
job, application must be made in writing within two (2) working days
following posting of the notice. Jobs will be posted according to job
title and as commonly known. Employees shall be given a fair trial for
all jobs open in the unit. The Employer may promote Employees to
Working Forepersons without jeopardizing their former rating.
18.2 Acquisition of Seniority. There shall be a forty-five (45) work day
-------------------------
probationary period for all new Employees, during which time they may
be discharged for any reason. Following completion of such period the
Employee shall become a Regular Employee for all purposes under this
Agreement and his or her seniority shall date from the first (1st) day
of employment. Seniority shall be applicable among probationary
Employees as a group when an issue of seniority arises between two (2)
or more probationary Employees.
18.3 Termination of Seniority. Subject to the provision of this Agreement
-------------------------
seniority shall be based upon continuous service with the Employer but
no Employee shall suffer loss of seniority unless he or she:
18.3.1 is discharged for cause,
18.3.2 resigns or voluntarily quits,
18.3.3 is absent from work for six (6) consecutive months, except in cases of
approved leaves of absence,
22
18.3.4 is absent from work for twenty-four (24) consecutive months due to
injury or illness on or off the job,
18.3.5 is absent from work for more than thirty (30) days due to death in the
immediate family (as defined in Section 9) or otherwise,
18.3.6 fails to return to work within three (3) days after receipt of notice
of recall from layoff as provided in Section 18.7 hereof.
18.4 Application of Seniority. Seniority shall be by classification
------------------------
throughout the Employer's plant, unless the Employer and the Union
agree that seniority is by classification within designated
departments of the Employer's plant.
18.5 Layoff/Recall. In the reduction of the number of Employees due to
-------------
lack of work, the last Employee hired in the classification shall be
the first to be laid off and, in recalling, the last Employee laid off
in that classification shall be the first recalled until the list of
Employees previously laid off has been exhausted. The Employer shall
give written notice of layoff to the Employee and the Employee shall
provide the Employer with his or her current address and telephone
number at the time of layoffs, and the Employee is to keep the
Employer advised of any change in address. The Employer agrees that
Regular Employees laid off and not terminated for cause, as defined in
Section 4, shall have seniority rights on layoffs, rehiring for extra
and/or steady jobs subsequently available with the Employer prior to
the hiring of any new Employees.
18.6 Notification of Recall. When an Employee is recalled to return to
-----------------------
work after layoff and he or she cannot be reached by telephone, the
Employer shall notify the Employee of such recall either by telegram
or certified letter addressed to his or her last known address
appearing in the Employer's records and a copy of such communication
shall be sent to the Union.
18.7 Reporting After Recall. When an Employee is recalled after layoff, he
----------------------
or she shall have three (3) business days to report after receipt of
such recall. If after three (3) such telegram or certified letter is
returned to the Employer unclaimed or undeliverable, such Employee's
seniority shall be considered broken and all rights forfeited three
(3) business days after the date such telegram or certified letter
would have been received. An Employee who is recalled from layoff and
who, at the time of recall, is working for another Employer in the
meat industry, shall have sufficient time to complete the work week in
his or her other employment before reporting on the recall so long as
he or she so informs the Employer who is calling him or her.
18.8 Notice of Return. Employees who are absent from work over forty-eight
----------------
(48)
23
hours shall be required to give the Employer twenty-four (24) hours
notice of their intention to work.
18.9 Seniority List. A seniority list of all Employees in the bargaining
--------------
until will be posted in the Plant and a copy will be given to the
Union. Such seniority list shall be revised and brought up-to-date
every six (6) months and a revised copy shall be furnished to the
Union.
18.10 Effect of Leave on Seniority. An Employee who accepts employment
----------------------------
elsewhere while on personal leave of absence from his or her Employer
shall forfeit his or her seniority rights and he or she shall be
considered as a voluntary quit. When a personal leave of absence is
granted to an Employee by the Employer, a written notice shall be
given to evidence such an arrangement. The Employer will abide by the
provisions of the Selective Service Act as amended and interpreted or
other applicable legislation governing reinstatement rights of
Employees entering service under such legislation.
SECTION 19. GRIEVANCE AND ARBITRATION
-------------------------------------
19.1 Grievances. A grievance shall be defined as a matter of dispute
----------
which arises over the interpretation and application of any of the
Articles of this Agreement.
19.1.1 Any matter of dispute shall be addressed directly by the Union with
the Employer or by the Employer with the Union and a settlement
attempted.
19.1.2 If the dispute is not settled directly, the grievance shall be
referred to the other party, in writing, specifying the complaint and
setting forth the facts on which the grievance is based and the
Contract provision violated. The written grievance must by filed by
certified mail or in person within ten (10) calendar days of the date
of the occurrence of the dispute, or knowledge thereof, whichever is
later.
19.1.3 Unless extended by mutual agreement, an Adjustment Board Hearing shall
be held within ten (10) calendar days of the date the grievance was
filed, provided however, the parties must have met and attempted to
resolve the grievance before any hearing can be convened.
The right to an Adjustment Board Hearing or arbitration is lost if the
grieving party fails to follow these steps.
19.1.4 An Adjustment Board shall be established and convened for the purpose
of hearing and deciding grievances. The Adjustment Board (Board) shall
24
consist of two (2) representatives of the Union and two (2)
representatives of the Employer. The Board shall meet within two (2)
weeks of such notification and requests, unless the time is mutually
extended. In any proceeding before the Adjustment Board, the Employer
shall be represented by an Employer representative and the Union
member involved shall be represented by the Union. Proceedings before
the Board shall be conducted in accordance with the rules of procedure
adapted by the Union and the Employer. A majority decision reached by
the Board shall be final and binding on all parties. In the event that
any matter submitted to the Board cannot be settled within five (5)
business days, excluding Saturday, Sunday and Holidays, (unless the
time is mutually extended) the parties may choose an impartial
arbitrator, and the grievance shall be submitted for disposition to
the Arbitrator, whose decision shall be final and binding on all
parties, provided the moving party requests arbitration within ten
(10) business days from the date the Adjustment Board met, otherwise
the right to arbitration is lost. The parties will request a bench
decision from the arbitrator at the close of the arbitration hearing.
In the event that the parties cannot agree upon the selection of the
impartial arbitrator within five (5) business days, exclusive of
Saturday, Sunday and holidays, the matter is submitted shall then be
referred to the Federal Mediation and Conciliation Service for a list
of arbitrators.
19.2 Authority. Neither the Adjustment Board nor an Arbitrator shall have
---------
the authority or power to add to, alter or amend the terms and
provisions of this Agreement.
19.3 Expenses. The compensation of the Arbitrator and all expenses
--------
incurred by the Arbitrator and any expense incidental to the work of
the Adjustment Board and authorized it, shall be borne one-half (1/2)
by the Union and one-half (1/2) by the Employer, provided, however,
that this shall not be deemed to include any cost or expense of
presentation by either of the parties to the dispute.
19.4 Money Claims. A claim of any Employee for payment of any additional
------------
compensation or sum due under the terms of this Agreement shall not go
beyond a thirty (30) day period, unless notified within ten (10) days
of the pay period when such claimed sums should have been paid.
SECTION 20. UNION AFFAIRS
-------------------------
20.1 Union Visitation. Only authorized representative of the Union shall
----------------
be allowed to visit the places of business of the Employer which are
covered by the Agreement for the purpose of observing working
condition and to confirm that the Agreement is being followed, so long
as the representative
25
has first informed management that he/she is on the premises. The
visitation right shall be exercised so that Employees are not
interrupted.
20.2 Union Activity. No Employee shall be discriminated against for
--------------
membership in or legal activity on behalf of the Union.
20.3 Union Shop Card. The Union Shop Card is the property of the United
---------------
Food and Commercial Workers, AFL-CIO & CLC and is loaned for display
to the Employer who signs and abides by this Agreement. The Union Shop
Card can and may be removed from any establishment by the Secretary or
Union Representatives of the Union for any violation of this
Agreement. The Union Shop Card shall be displayed prominently and
visible to the public.
20.4 Check-Off. The Company, for its Employees shall for the duration of
---------
this Agreement between the parties deduct from the first pay of each
month union dues for the current month, and promptly remit same to the
Union. The initiation fees of the union shall be deducted by the
Company and remitted to the Union in the same manner as dues
collections. No deduction, either for dues or initiation fees, shall
be made by the Employer unless specifically authorized by the
individual Employee by signed authorization card.
20.5 Stewards. Stewards may be designated by the Union.
--------
20.6 Bulletin Boards. The Employer and the Union shall jointly provide and
---------------
share a glassed in and lockable bulletin board in the employee's lunch
room for the purpose of posting notices of official Union business and
other information, such as times and places of meetings.
SECTION 21. WORKING CONDITIONS AND SAFETY
-----------------------------------------
21.1 First Aid Equipment. The Employer shall be responsible for the
-------------------
installation and maintenance of first aid equipment, and it shall be
kept throughout the Plant in places readily and conveniently
accessible to the Employees.
21.2 Floor Covering/Protective Clothing. A suitable floor covering shall
----------------------------------
be provided so that no Employee shall need to stand or traverse any
limited work area on concrete or concrete substitute flooring. The
Employer shall furnish mesh gloves and protective aprons for all
Employees who use a knife in the performance of their work. Such
equipment and hard hats where furnished by the Employer, shall be worn
by the Employees. Where the Employees wear cotton gloves on the job,
the Employer will provide them at no expense to the Employees so long
as they are treated with care and benefit is not abused.
26
21.3 Governmental Regulations. All sanitary and safety regulations of
------------------------
Federal, State and Local governments shall prevail in all departments.
Failure to follow such regulations shall be considered insubordination
subject to disciplinary action.
21.4 Injurious Working Conditions. Xxxxxxx-Xxx lamps or other working
----------------------------
conditions which are injurious to the health and safety of the
Employees shall be directed to the attention of the Employer at which
time the Employer shall immediately investigate the alleged condition,
shall meet with representatives of the Union to discuss the alleged
condition and shall immediately take the necessary steps and measures
to correct such condition if found to be injurious.
21.5 Efficient Operations. Policy regarding speed of operation shall be
--------------------
made on the basis of fairness and equity, consistent with quality of
workmanship, efficiency of operations, and the reasonable working
capacity of normal operation. Any dispute which my arise with respect
to work loans shall be subject to the Grievance Procedure under
Section 19 of this Agreement.
SECTION 22. JOB SECURITY
------------------------
22.1 New Methods of Operation. The parties to the Agreement have discussed
------------------------
new methods of operation and subcontracting of work being performed by
bargaining unit Employees and agree that both parties shall discuss
the effects of additional new methods of operation and subcontracting
on job security of the Employees and will work at that end. When
additional subcontracting of any existing operation or new method of
operation becomes necessary or desirable the Employer will notify the
Union. The Union shall discuss the effects on the job security of the
Employees and the parties will meet for the purpose. The Employer
agrees to delay layoffs caused by subcontracting or new method of
operation until at least thirty (30) days subsequent to its notice to
the union of its intention so that the parties have ample time to
suggest methods of solving layoff problems. The Employer shall furnish
the Union facts and suggestions with request to jobs available in the
Employer's Plant and methods of solving layoff problems.
SECTION 23. SEPARABILITY
------------------------
23.1 The provisions of the Agreement are deemed to be separable to the
extent that if and when a court of last resort adjudges any provisions
of this Agreement in its application between the Union and the
undersigned Employer to be in conflict with any law, such decision
shall not affect the
27
validity of the remaining provisions of this Agreement, but such
remaining provisions shall continue in full force and effect, provided
further, that in the event any provision or provisions are so declared
to be in conflict with law, both parties shall meet within thirty (30)
days for the purpose of re-negotiation and agreement on provision or
provisions so invalidated.
SECTION 24. TRANSFER OF OWNERSHIP
---------------------------------
24.1 In the event of change of ownership of the operation, whether it be
voluntary, involuntary, or by operation of law, the Employer will
immediately pay off all obligations, including accumulated wages, pro
rata of earned vacations, sick and accident contributions, accumulated
prior to the date of the change of ownership. If any Owner or Employer
hereunder sells, leases or transfers his or her business or any part
thereof, whether voluntary, involuntary or by operation of law, it
shall be his or her obligation to advise the successor, lessee or
transferee of the existence of this Agreement and such successor,
lessee or transferee shall be bound fully by the terms of this
Agreement and shall be obligated to pay the wages, vacations, sick and
accident contributions and comply with all other conditions of this
Agreement in effect at the time of the sale, lease or transfer; and in
the event the seller or transferrer fails to pay his obligations
hereunder, shall assume all obligations of this Agreement in the place
and stead of the Employer signatory thereto the same as if her or she
had been the Owner or Employer from the beginning.
Before completion of any such transfer, the Employer shall give
written notice to the buyer, with a copy to the Union, of the
existence of this Agreement, furnishing him or her with a copy of this
Agreement and call his or her attention particularly to this Article
concerning Transfer of Ownership.
SECTION 25. SAVINGS CLAUSE
--------------------------
25.1 If any contract provision may not be put into effect because of
applicable legislation, Executive order, or Regulations dealing with
wage or price stabilization, then such provisions, or any part
thereof, shall become effective at such time, in such amounts and for
such periods as will be permitted by law at any time during the life
of this Agreement and any extension thereof with prospective effect.
28
SECTION 26. DRIVERS
-------------------
26.1 Protective Gowns. Drivers may be required to wear protective gowns
----------------
which will be provided by the Employer. A driver who is required to
handle product which causes excessive soil on the gown my request and
the Employer shall provide a second gown and/or oilskin apron to give
adequate protection to his clothes.
26.2 Overnight Trips. Drivers who are required to be out of town overnight
---------------
in the interest of the Employer shall be paid all reasonable actual
expenses for meals and lodging as substantiated with vouchers.
26.3 Night Depository. The Employer will provide a night depository or
----------------
make other arrangements so that drivers will not be required to keep
money collected overnight.
SECTION 27. NO STRIKE OR LOCKOUT
--------------------------------
27.1 During the term of this Agreement there shall be no strikes, sympathy
strikes, picketing or lockouts pending or following any decision by an
Adjustment Board of Arbitrator, nor shall there be a stoppage of work
in violation of any other provision of this Agreement. Nothing herein
shall preclude the Union or its members from honoring lawful picket
lines or strikes during the term of this Agreement.
SECTION 28. EXTENSION AND SCOPE
-------------------------------
28.1 This Agreement shall be binding upon the heirs, executors and
administrators and assignees of the parties hereto. This Agreement
shall remain in full force and effect from April 1, 1995 to and
including March 31, 1998 and shall be automatically renewed from year
to year thereafter unless either party, at least sixty (60) days prior
to April first (1st) of any succeeding term, shall notify the other
party in writing of its intention and desire to change, modify or
terminate this Agreement. In the event the Contract is reopened
pursuant
to the provision hereof, and no Agreement is reached within sixty (60)
days of such reopening, then nothing herein contained shall be
construed to
29
prevent the Union from taking strike action or other economic action
desired by it, or the Employer the right to lock-out.
In Witness Whereof, the parties hereto, have executed this AGREEMENT
on the dates set forth below:
SWISS AMERICAN SAUSAGE COMPANY UFCW LOCAL 101
/s/ Xxxxxxxx X. Arena /s/ [SIGNATURE NOT LEGIBLE]
----------------------------- ---------------------------
(Signature) (Signature)
President Sec/Treas
----------------------------- ---------------------------
(Title) (Title)
12/6/95 12/6/95
----------------------------- ---------------------------
(Date) (Date)
30
