Exhibit 10.19
AGREEMENT dated March 1, 2000 by and between Xxxxxx X. Bank Mfg. Co., Inc.
(hereinafter referred to as the "Employer") and the BALTIMORE REGIONAL JOINT
BOARD, UNITE, an unincorporated association (hereinafter collectively referred
to as the "Union"), for and in behalf of itself and the employees now employed,
or hereafter to be employed by the Employer at its Hampstead, Maryland,
Distribution Center and National Tailoring Service branch.
In consideration of the mutual covenants, promises and agreements herein
contained, the parties hereto agree as follows:
ARTICLE I
COVERAGE:
A. The term "Employees" as used in this Agreement shall include all
employees of the Employer's Hampstead, Maryland, Distribution Center and
Hampstead Maryland, National Tailoring Service branch, except executive,
administrative, office clericals, supervisors and guards as defined in the
National Labor Relations Act. This collective bargaining agreement is gender
neutral, and wherever the pronouns "he" or "his" are used in the interests of
brevity, they are intended to mean female employees as well.
ARTICLE II
UNION RECOGNITION:
A. The Employer recognizes the Union as the exclusive collective
bargaining agent for the employees in the bargaining unit described above with
reference to wages, hours and working conditions.
B. The Employer shall recognize and deal with such representatives of the
employees as the Union may elect or appoint and shall permit such
representatives elected or appointed by the Union to visit its Hampstead
Distribution Center and Hampstead NTS at any time during working hours in
accordance with existing rules.
C. The Employer agrees to make available to the Union such payroll and
production records as the Union may reasonably require as the collective
bargaining agent and/or contracting party hereunder.
ARTICLE III
UNION SECURITY:
A. In the manner and to the extent permitted by law, membership in the
Union on completion of the trial period of each employee or on and after the
30th day following execution of this Agreement, whichever is later, shall be
required as a condition of continued employment of each employee. In the event
that the trial period is less than thirty (30) days, membership in the Union
shall not be required until thirty (30) days after date of employment. All
employees who are now members or hereafter become members of the Union shall, as
a condition of continued employment, remain members in good standing during the
term of this Agreement.
B. Trial Period: Hampstead Distribution Center and Hampstead NTS; All
new experienced employees shall have a trial period of two (2) weeks. All new
inexperienced employees shall have a trial period of ninety (90) days.
It is agreed that the Employer shall pay to an employee who has completed
his probationary period indicated in the collective bargaining agreement at
least twenty-five (25) cents an hour above the then existing Federal or State
minimum wage whichever is
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higher. This provision is not to substitute for or supersede higher straight-
time hourly rates and incentive base rates, if any exist.
ARTICLE IV
WAGES:
1. Effective March 1, 2000, the Employer shall grant a wage increase of
30cents per hour to all employees in the bargaining unit.
2. Effective March 1, 2001, the Employer shall grant a wage increase of
30cents per hour to all employees in the bargaining unit.
3. Effective March 1, 2002, the Employer shall grant a wage increase of
30cents per hour to all employees in the bargaining unit.
4. If an employee is temporarily transferred from one job to another at
the request of the Employer, he shall, while working on the job to which he has
been transferred, be paid (a) if an hourly paid employee, his regular hourly
straight-time rate of pay prevailing at the time of the transfer or the hourly
straight-time rate of the job to which he is transferred, whichever shall be
higher; or (b) if an incentive paid employee, his regular straight time hourly
incentive rate* or the hourly straight-time base rate for the job to which he is
transferred, whichever shall be higher.
ARTICLE V
REPORTING PAY:
Employees who report for work at their regular starting time, or at such
hour designated by the Employer, shall be paid their regular straight-time
hourly incentive
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rate, or regular, whichever is applicable, straight-time hourly rate of pay for
all work performed between the hour they report for work and the hour that they
are dismissed, but in no event shall they be paid less than six (6) hours, or
four (4) hours on Saturday. This clause shall not apply in the event of power
failure, fire, or other cause over which the Employer has no control. In the
case of the first five (5) hours of call in pay, failure of other employees to
report for work shall be considered cause over which the Employer has no control
only if an emergency arises which it could not foresee and it had taken adequate
steps to train and provide relief workers. Excessive absenteeism shall relieve
the Employer of the obligation to pay the sixth hour of call in pay.
ARTICLE VI
HOURS OF WORK:
1. Regular Work Week: The regular hours of work for all employees may be
eight (8) hours in any one day, from Monday to Friday inclusive. The time when
work shall begin and end each day shall be agreed upon by the Employer and the
Union.
2. Overtime: Time and one-half shall be paid for all work outside the
regular daily hours. As long as the regular work week shall be from Monday to
Friday inclusive, time and one-half shall be paid for all work performed on
Saturdays and double time for work performed on Sunday irrespective of the
number of hours worked during the week.
In the event the Employer deems it necessary for business reasons to
institute a multi-shift operation during the regular work week Monday through
Friday, inclusive, it
________________________________________________________________________________
* An incentive employee's regular straight-time hourly incentive rate is the
employee's average straight-time hourly earnings for the first thirteen (13)
weeks of the calendar year, effective July 4 of each year.
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will give the Union no less than thirty (30) days notice of such intention, and
the parties shall meet promptly for the purpose of negotiating a shift
premium(s).
3. In the event the Employer deems it necessary for business reasons to
adopt a seven day operation, Saturday and/or Sunday will become part of a
regular five day work week for those employees scheduled regularly to work
either or both of those days and Saturday and Sunday premium pay will not be
applicable to those employees so scheduled.
It is further understood, however, that premium pay of time and one-half
for Saturday work and double time for Sunday work, whichever is appropriate,
will continue to be applicable to those employees for whom Saturday or Sunday
work constitutes a sixth or seventh consecutive work day.
4. No work shall be performed on a designated holiday except by mutual
agreement of the parties, and, if agreed upon, at double time. Overtime pay for
work on a designated holiday shall be in addition to holiday pay to which the
employee is entitled pursuant to the provisions hereinafter set forth in
HOLIDAYS, Article IX, Sections B1 or B2, whichever is applicable.
5. Notice of Overtime: The Employer agrees to give reasonable notice to
the employees and the appropriate union shop committee representative when
overtime is to be worked.
ARTICLE VII
EQUIPMENT BREAKDOWN TIME AND WAITING TIME:
An employee paid on an incentive basis who is required to wait for work
due to equipment breakdown beyond his control shall be compensated at his
straight-time
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hourly incentive rate for all such waiting time in excess of fifteen (15)
minutes per day. An employee paid on an incentive basis who is required to wait
for work due to cause beyond his control other than for equipment breakdown
shall be compensated at his straight-time hourly incentive rate for all such
waiting time in excess of thirty (30) minutes per day. However, in no event will
the combined unpaid equipment down time and waiting time exceed thirty minutes
per day. Any employee who finds it necessary to wait for work shall, on each
separate occasion, notify his immediate supervisor both at the beginning and end
of such waiting period. Payment for waiting time shall cover only such time as
follows such notification. The Employer may transfer such employees to other
equipment during equipment down time, in the same department or to another
department if the employee is qualified to perform the required work, and the
employee will be paid his straight-time hourly incentive rate.
ARTICLE VIII
VACATIONS:
I. Hampstead Distribution Center
-----------------------------
A. Vacation Period. It is mutually agreed that there shall be the
following vacation periods for the Hampstead Distribution Center employees
entitled to vacation pay as hereinafter provided.
1. Unless changed by mutual agreement between the Employer and the
Union, the Summer Vacation Period shall be June 1 through August 31. There
shall be no shut down of Distribution Center operations for the purpose of
observing summer
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vacations. Summer Vacations shall be scheduled individually with due regard to
seniority and subject to the approval of the Employer based upon business needs.
2. The Christmas Vacation Period shall be between Christmas Day and
New Year's Day of each year.
3. Fourth Week of Vacation: Any Hampstead Distribution employee
with 20 years, or more, of employment, with the Employer is entitled to a fourth
(4th) week of paid vacation to be taken during the ensuing twelve (12) month
period following the date that the employee reaches 20 or more years of
employment. The schedule of vacations shall be fixed by mutual agreement with
the Union in accordance with the needs of business. Individual employees may
bid for an available week in order of seniority or such other rotational system
as mutually agreed to with the Union. If mutually agreed to with the Union, an
employee may elect to work during the employee's week of vacation at straight
time in addition to vacation pay. The amount of time off and pay shall be the
same as the preceding Winter Vacation.
4. In the event that a paid holiday falls within the employee's
vacation, Hampstead Distribution Center employees entitled to holiday pay shall
be entitled to such holiday pay in addition to vacation pay hereinafter
provided.
B. Eligibility and Pay for Hampstead Distribution Center Employees
Employed Prior to October 1, 1985:
1. For the Summer Vacation:
(a) All employees who have been on the payroll of the Employer for
at least six (6) months prior to the commencement of the Summer Vacation period
and,
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except as hereinafter provided, who are on such payroll at the commencement of
the Summer Vacation Period are eligible for a paid vacation.
(b) The amount of each employee's vacation pay for Summer Vacation
shall be determined in the manner set forth in this subparagraph. If the
employee has been on the payroll of the Employer:
(i) Six (6) months but less than nine (9) months, he shall
receive one-half of one week's pay,
(ii) Nine (9) months but less than one (1) year, he shall
receive three-fourths of one week's pay,
(iii) One year or more, he shall receive two (2) week's pay.
(c) (i) First Week: One week's pay shall be forty (40) times the
employee's regular straight-time hourly incentive rate if an incentive paid
employee scheduled to work forty (40) hours per week, or forty (40) times the
employee's straight-time hourly rate if so compensated. The full amount of the
wage increases scheduled to be paid on March 1, 2001 and March 1, 2002 shall be
included as applicable.
(ii) Second Week: An eligible employee who has worked not less
than 1000 hours in the 12 months beginning June 1st in the previous calendar
year and ending May 31st in the current vacation year shall receive for his
second week's vacation pay the same amount as the employee's vacation pay for
the first week.
(d) For those eligible Hampstead Distribution Center employees
regularly scheduled to work less than eight (8) hours daily, one week's vacation
pay shall consist of their regular straight-time hourly incentive rate or
regular straight-time hourly rate of pay, whichever is applicable, times the
average weekly hours they were scheduled
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to work during the twelve (12) months beginning June 1/st/ in the previous
calendar year and ending May 31/st/ in the current vacation year.
(e) For those eligible employees who worked less than 1000 hours
during the entire aforesaid twelve (12) months period, the second week's
vacation pay shall be two and one-half percent (2 1/2%) of the employee's
straight-time earnings for up to forty (40) hours per week in the twelve (12)
months beginning June 1st in the previous calendar year and ending May 31st in
the current vacation year.
2. For the Christmas Vacation Period:
(a) All Hampstead Distribution Center employees who have been on the
payroll of the Employer one year or more prior to December 1st and, except as
hereinafter provided, who are on such payroll at the commencement of the
Christmas Vacation Period are eligible for a paid Christmas vacation.
(b) The amount of each employee's vacation pay for the Christmas
Vacation Period shall be determined in the manner set forth in the following
subparagraphs;
(i) An employee who has worked not less than 1000 hours in
the entire aforesaid twelve (12) months period, shall receive 40 times his
regular straight time hourly incentive rate or forty (40) times his straight-
time hourly rate, whichever is applicable, adjusted by three-quarters of the
wage increases scheduled to be paid pursuant to Article IV hereof, as
applicable.
(ii) An employee who worked less than 1000 hours in the entire
aforesaid twelve (12) months period shall receive one week's vacation for up to
forty (40) hours calculated on the basis of two and one-half percent (2 1/2%) of
his straight time
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earnings in the twelve (12) months beginning December 1st in the previous
calendar year and ending November 30th in the current vacation year.
C. Eligibility for Hampstead Distribution Center Employees Employed After
October 1, 1985:
Each employee hired by the Employer on or after October 1, 1985 shall
receive vacation pay in accordance with the following requirements:
(i) On completion of 1 year of service, 1 week vacation at the
next ensuing regularly scheduled vacation period (either winter or summer,
whichever comes first).
(ii) On completion of 2 years of service, 2 weeks of summer
vacation except that an employee who first becomes eligible for two weeks of
vacation prior to the winter vacation shall receive one week of winter vacation
and one week of summer vacation.
(iii) On completion of 3 years of service, 2 weeks of summer
vacation and 1 week of winter vacation.
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II. Hampstead National Tailoring Service Employees
----------------------------------------------
A. Vacation Period
It is mutually agreed that there shall be the following vacation
periods for Hampstead National Tailoring Service employees entitled to vacation
pay as hereinafter provided.
1. The Summer Vacation Period shall be July 15 through September 15 of
each calendar year.
2. The Winter Vacation Period shall be January 15 through March 15 of
each calendar year.
3. If mutually agreed to with the Union, an employee may elect to work
during the employee's vacation week at his/her straight-time hourly rate in
addition to vacation pay. The amount of time off and pay shall be the same as
that to which the employee was entitled during the immediately preceding
vacation period.
B. Eligibility and Pay for Hampstead National Tailoring Service Employees
1. Hampstead NTS employees shall be entitled to receive paid vacations
in accordance with the following schedule:
Length of Service Vacation Entitlement
----------------- --------------------
a) One (1) year but less than two (2) One (1) week's vacation with pay
b) Two (2) years but less than three (3) Two (2) weeks' vacation with pay
c) Three (3) years but less than twenty (20) Three (3) weeks vacation with pay
d) Twenty (20) years or more Four (4) weeks of vacation with pay
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e) One (1) week's vacation pay for eligible employees who worked not less
than 1000 hours in the 12 months preceding their vacation shall consist of forty
(40) times the employee's then current regular straight-time hourly rate of pay.
f) For eligible employees who worked less than 1000 hours in the twelve
(12) month period preceding their vacation, one (1) week's vacation pay shall be
two and one half percent (2 1/2%) of their straight time earnings in the
preceding twelve (12) months.
g) Employees entitled to more than one (1) week's vacation with pay may
schedule up to two (2) weeks during either of the Winter or Summer vacation
periods.
h) All scheduled vacations are subject to approval of the Employer based
upon business needs.
i) Where a dispute arises between two (2) or more employees seeking to
schedule the same vacation period, preference shall be determined by order of
seniority.
III. General Vacation Conditions:
1. In the event a paid holiday falls within an employee's
vacation, if the employee is entitled to holiday pay, he shall receive such
holiday pay in addition to vacation pay.
2. An employee otherwise eligible for a paid vacation shall not
be deemed ineligible because of the fact that he is temporarily laid off or ill
at the commencement of the vacation period. The Arbitrator is expressly
empowered to determine, in accordance with the arbitration procedure provided in
this Agreement, whether an employee discharged prior to the commencement of a
vacation period but otherwise eligible for a paid vacation, shall be entitled to
vacation pay.
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3. An employee who has been in the employ of the Employer a
sufficient length of time to have earned a paid vacation as herein set forth but
whose employment has been terminated because of termination of business shall be
entitled to vacation pay pro-rated as of the date of termination of employment.
4. Vacation pay as hereinabove provided shall be paid on the pay day
immediately preceding the applicable vacation period.
5. Where an employee has been permanently and formally scheduled to
work less than the regular work week for his operation the work eligibility and
vacation pay for such employee shall be adjusted pro-rata.
6. Retired and Permanently Disabled Employees:
Employees who, during any vacation year, retire or receive Federal Old Age
Social Security Retirement Benefits, or become totally and permanently disabled
so as to become eligible for and subsequently receive disability insurance
benefits pursuant to the Social Security Act, as amended, shall receive pro-rata
vacation pay for any untaken vacation for which they were eligible. The vacation
pay herein provided shall be paid upon presentation to the Employer of proof of
retirement or the Certificate of Award issued by the Social Security
Administration, as appropriate.
7. Anything to the contrary notwithstanding contained in this
Article VIII, the Union shall have the right to present to the Employer the
question of vacation pay for the Christmas vacation period on behalf of a
Hampstead Distribution Center employee who does not qualify for same because he
was employed after December 1st but prior to Christmas Day during the previous
calendar year. If agreement between the
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Union and the Employer is not reached the Arbitrator is expressly empowered to
settle said matter.
8. For the purpose of Sections I. B and C and II. A, above, an
employee who has completed a probationary period with a prior employer in
contractual relationship with the Union and who has been unemployed because of
layoff or plant closing and is reemployed in the same local market within one
year of loss of employment shall receive credit for each year of employment with
the prior employer.
9. Employees entitled to a fourth (4/th/) week of vacation may take
that week one (1) day at a time subject to:
(a) Mutual agreement between the employee and his supervisor on the
vacation day to be taken. The Company's agreement will not be
unreasonably withheld.
(b) Where more than one (1) employee seeks to take the same vacation
day off, the Company shall have the right to limit the number of
employees permitted off in order not to interfere with the
production process.
(c) Where more than one employee seeks the same vacation day off and
production requirements will not so permit, the choice shall be
made by seniority.
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ARTICLE IX
HOLIDAYS:
A. 1. All employees shall be entitled to the following eleven (11)
holidays with pay subject to paragraph E:
New Years Day; National Observance of Xxxxxx Xxxxxx Xxxx, Xx.'s Birthday;
Good Friday; Easter Monday; Memorial Day; Independence Day; Labor Day;
Thanksgiving Day; Friday After Thanksgiving Day; Last Weekday Prior to the
Commencement of Christmas Vacation; Christmas Day.
The Employer and the Union may substitute two other holidays for those
listed above, by mutual agreement.
Should any of the above holidays fall on Sunday, the day celebrated as such
shall be considered the holiday.
2. All such holidays shall be paid for irrespective of the day of
the week on which the holiday falls.
3. In the event of back-to-back paid holidays, if a worker is absent
without reasonable excuse, either the day before or the day after the paid
holiday, he shall lose only one holiday's pay.
B. The pay for each holiday shall be:
1. For Hampstead Distribution Center employees regularly scheduled
to work forty (40) or more hours per week, eight times their regular straight-
time hourly incentive rate or regular straight-time hourly rate of pay,
whichever is applicable. For those Hampstead Distribution Center employees
regularly scheduled to work less than eight (8) hours daily, their regular
straight-time hourly incentive rate or regular straight
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time hourly rate of pay, whichever is applicable, times the daily hours they are
regularly scheduled to work.
2. For Hampstead NTS employees eight (8) times the employee's then
current straight-time hourly rate of pay.
C. Any employee who, without reasonable excuse, is absent from work or
who does not work all his scheduled hours on the work day before or the work day
after a holiday shall not be entitled to holiday pay. Reasonable excuse shall
be limited to the following:
1. Illness of the employee;
2. Death in the immediate family of the employee;
3. Lack of work for the employee.
D. Notwithstanding the provisions of this Article IX, it is understood
that holiday pay shall not be paid any employees of the Employer's Hampstead
Distribution Center or Hampstead NTS, whichever is applicable, if such operation
is shutdown for five (5) consecutive weeks as follows:
1. The entire two (2) weeks immediately preceding the week in which
such paid holiday occurs; and
2. The entire week during which such paid holiday occurs; and
3. The entire two (2) weeks immediately following the week in which
such paid holiday occurs.
E. Trial Period, Intervening Holidays: If a holiday falls within the
initial trial period, the employee shall receive his holiday pay on the first
full pay period following the successful completion of the trial period. If the
employee does not complete the initial
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trial period for any reason no holiday pay is payable. This paragraph shall not
apply to employees who have completed their initial trial period with any
employer in contractual relations with the Union.
ARTICLE X
BEREAVEMENT PAY:
A. An employee who has been on the payroll of the Employer for six (6)
months or more shall be granted bereavement pay in the event of a death in his
immediate family.
B. The immediate family is defined as father, mother, sister, brother,
spouse, children, mother-in-law, father-in-law, brother-in-law, sister-in-law,
grandmother, grandfather and grandchildren.
C. Bereavement pay shall be paid for the day before, the day of and the
day following the funeral when these days fall on days the employee would
otherwise have worked. In the event that the death occurs outside the United
States and notice thereof does not reach the employee until after the funeral,
bereavement pay shall be paid for the three (3) days following receipt of notice
provided that such days are days on which the employee would otherwise have
worked.
D. For each day of bereavement leave, pay shall be calculated for
Hampstead Distribution Center employees scheduled to work forty (40) hours per
week at the rate of eight (8) times the employee's regular straight-time hourly
incentive rate if an incentive paid employee, or eight (8) times the employee's
regular straight-time hourly rate if paid on that basis. Distribution Center
employees scheduled to work less than eight (8) hours daily shall for each day
of bereavement leave receive their regular straight-time hourly
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incentive rate
incentive rate or regular straight-time hourly rate of pay, whichever is
applicable, times the daily hours they are regularly scheduled to work.
Hampstead NTS employees shall receive eight (8) times their regular straight-
time hourly rate of pay for each day of bereavement leave.
E. No bereavement pay will be granted unless the employee notifies the
Employer and requests leave. At its discretion, the Employer may require
evidence of death and kinship.
ARTICLE XI
EQUAL DIVISION OF WORK:
During any slack season or whenever there is insufficient work, the
available work shall be divided, insofar as is practicable, equally among all
regular employees of the Employer in order that continuity of employment may be
maintained unless the Employer and the Union shall mutually agree upon a lay-off
and the conditions applicable thereto.
It is understood that this clause has been mutually interpreted to provide
for seniority of the employee as the basis for layoff.
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ARTICLE XII
PAYMENT OF WAGES AND CHECKOFF:
A. The Employer agrees to pay its employees on a prescribed day in each
week.
B. The Employer shall deduct from the wages of its employees upon written
authorization of the employees, union dues, initiation fees and assessments. The
amounts deducted pursuant to such authorization shall be transmitted at
intervals to the properly designated official of the Union, together with a list
of names of the employees from whom the deductions were made on forms to be
provided by the Union. Sums deducted by the Employer as union dues, initiation
fees or assessments shall be kept separate and apart from general funds of the
Employer and shall be deemed trust funds. The above mentioned monies are to be
paid to the Baltimore Regional Joint Board, UNITE. immediately after it is
collected at least once a month.
ARTICLE XIII
INSURANCE:
The Employer will continue the existing Amalgamated Cotton Garment and
Allied Industries Fund (social insurance) program and adopt any adjustments in
premium cost negotiated between the CMA and UNITE during their next negotiations
that as of their effective date or dates would fall due during the life of this
collective bargaining agreement.
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ARTICLE XIV
HEALTH AND WELFARE FUND:
The Employer agrees to contribute sums of money equal to two (2) percent of
its payroll to the Baltimore Regional Joint Board, UNITE, Union Health and
Welfare Fund, to be used to provide health and welfare benefits to the members.
The terms and provisions of Exhibit I attached hereto being specifically
incorporated herein by reference.
ARTICLE XV
MILITARY SERVICE:
In the event that an employee enlists or is conscripted into the Armed
Forces of the United States of America or is called into service as a member of
the National Guard or Army, Navy, Air Force or Marine Corps Reserves, he shall,
upon discharge from service be reinstated with all his rights and privileges
enjoyed by him at the time he entered service; provided, that he shall request
reinstatement within the period fixed by law and provided that the Employer
shall have the right to discharge any person whom it hired by reason of the
entry into military service of the person to be reinstated.
ARTICLE XVI
DISCHARGES AND DISCIPLINE:
A. No employee covered by this Agreement shall be discharged without just
cause. The Union shall present all complaints of discharge without just cause to
the Employer within seven (7) days after the discharge. If the complaint cannot
be adjusted by mutual consent, it shall be submitted to the Arbitrator
hereinafter designated in this
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Agreement for determination pursuant to the procedure provided. The Arbitrator
shall issue his decision and award within seven (7) days from the conclusion of
the hearing of the discharge in dispute. If the Arbitrator finds that the
employee was discharged without just cause, he shall order reinstatement and may
require the payment of back pay in such amount as, in his judgment, the
circumstances warrant. This paragraph shall not apply to an employee during his
trial period.
B. In the manner and to the extent permitted by law, it shall not be a
violation of this Agreement nor grounds for discharge, discipline or permanent
replacement for employees covered by this Agreement to refuse voluntarily to
cross a lawful picket line.
ARTICLE XVII
GRIEVANCE AND ARBITRATION PROCEDURE:
A. Any complaint, grievance or dispute arising under, out of or relating
directly or indirectly to the provisions of this Agreement between the Union or
any employees and the Employer, or the interpretation or performance thereof,
shall, in the first instance be taken up for adjustment by a representative of
the Union and a representative of the Employer. Any and all matters in dispute,
including a dispute concerning the interpretation or application of the
arbitration provision, which have not been adjusted pursuant to the procedure
therein provided shall be referred for arbitration and final determination to
the Arbitrator herein designated, and his decision or award shall be final,
conclusive and binding on all parties; and the parties hereby
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stipulate and consent that the Arbitrator may make findings, decisions and
awards which may be enforced by appropriate judgment thereon to be entered in a
Court of Law or Equity.
Any grievance which is submitted to arbitration shall be heard by one of
the members of a panel of three arbitrators, who shall be Xxxxxx X. Xxxx,
Xxxxxxx Xxxxxxx and Xxxxxx X. Xxxxxxxx. These arbitrators shall hear grievances
on a rotating basis in order set forth above, provided that if the arbitrator
whose turn it is to hear a grievance cannot meet the timetable set forth herein,
the next available arbitrator shall hear the case and the rotation shall
continue from there. If none of the arbitrators can hear the case within said
timetable, then the arbitrator who can hear it first will be utilized and the
rotation will continue from there.
Hearings shall be held no later than fifteen calendar days after the
arbitrator has received his assignment at a place mutually agreeable to the
Union and the Company. The hearing shall be conducted by the arbitrator in
whatever manner will most expeditiously permit the full presentation of all
evidence and arguments for both parties, provided, however, that the parties
shall have the right to file written briefs with the arbitrator within seven
calendar days following the closing of the hearing record.
The award of the arbitrator shall be rendered no later than ten calendar
days from the day the hearing concluded or the briefs are submitted unless an
extension of time is mutually agreed upon by the parties. A lengthy opinion
shall not be requested or required from the arbitrator. Rather, the arbitrator
is instructed to issue an award and a summary statement of no more than five
pages which briefly sets forth the basis for the
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award. The parties may request the arbitrator to notify them of his award by
telephone after the award has been mailed.
The decision of the arbitrator shall be limited to the matter presented to
him; he shall have no authority to amend, alter or change any provision of this
Agreement. The decision of the arbitrator shall be final and conclusive on the
Company, the Union and the employee(s) involved. The arbitrator's fees and
expenses shall be borne equally by the Union and the Company.
Except as expressly provided otherwise in the Agreement, with respect to
any dispute subject to arbitration or any claim, demand, or act arising under
the Agreement which is subject to arbitration, the procedure established in this
Agreement for the adjustment thereof shall be the exclusive means for its
determination. No proceeding or action in a court of law or equity or
administrative tribunal shall be initiated with respect thereto other than to
compel arbitration or to enforce, modify, or vacate an award. This paragraph
shall constitute a complete defense to or ground for a stay of an action
instituted contrary hereto.
ARTICLE XVIII
CIVIL RIGHTS
1. The Employer and the Union shall not discriminate nor perpetuate the
effect of past discrimination, if any, against any employee or applicants for
employment on account of race, color, religion, creed, sex, or national origin.
This clause shall be interpreted broadly to be co-extensive with all federal,
state or local anti-discrimination laws and where available, judicial
interpretations thereof.
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2. Representatives of the Employer and the Union shall meet to review
compliance with this provision and to mutually agree upon such steps as are
necessary to achieve compliance. If, upon failure to so mutually agree, either
party invokes the arbitration procedure of the Agreement to resolve the dispute,
the Arbitrator shall fashion his award to grant any and all relief appropriate
to effectuate this Article.
ARTICLE XIX
STRIKES, STOPPAGES AND LOCKOUTS
A. This Agreement provides for an orderly adjustment of differences.
Strikes, stoppages, and lockouts are therefore prohibited. If a strike, stoppage
or lockout shall occur then the parties agree that any remedy sought by either
party arising from such act shall be resolved through the medium of the
arbitration machinery and the aggrieved party shall have the right to demand an
immediate hearing on twenty-four (24) hours notice before the Arbitrator.
B. In the event either party fails to comply with the decision or award
of the Arbitrator within ten (10) days after service of a copy thereof, the
other party shall be free to call a strike, stoppage or lockout as the case may
be, unless the failure to comply is the result of a suit filed by either party
in the U.S. District Court for the District of Maryland within ten (10) days
from the date of receipt of the Award seeking to set aside or modify the award.
24
ARTICLE XX
LEAVE OF ABSENCE:
A. Leave of absence shall be granted an employee upon request if the
employee is ill or a member of his immediate family is seriously ill. Illness
shall be certified by a doctor's certificate. Leave on account of illness shall
include leave of absence in maternity cases. Leave of absence shall be for an
initial period of not more than one (1) month. In the event of a leave of
absence for personal illness including maternity, the leave of absence may be
extended to an additional period of one (1) month each up to a total of one (1)
year unless the employee was employed for less than six (6) months. In the event
of a leave of absence because of serious illness in the employee's immediate
family, the initial leave and extension shall not extend for more than three
months unless mutually agreed otherwise. Such employee shall upon return to work
from such leave be reinstated to his previous job. In the case where a job or
operation has been abolished during employee's absence such provision shall
apply to re-employment as would have applied had such employee been at work at
the time the job or operation was abolished.
B. Leaves of absence shall be granted for justifiable personal reasons.
The Employer may limit the number of leaves for personal reasons granted at any
given time to avoid an unreasonable effect on the Employer's ability to operate.
Such leaves may be limited to an initial period of two (2) weeks with extensions
granted by mutual agreement.
C. An employee who becomes a paid officer of the Union shall be entitled
to a leave of absence for the term of his office.
25
B. FAMILY AND MEDICAL LEAVE PURSUANT TO THE FMLA ACT:
1. An employee who has been employed by the Employer for at least
twelve (12) months (and who has worked at least 1,250 hours during the twelve
(12) months immediately preceding the employee's request for leave under this
paragraph) shall be entitled to at least twelve (12) weeks of unpaid Family
Leave, within any twelve (12) month period, without loss of seniority rights for
the following reasons:
a. For the birth or placement of a child for adoption or xxxxxx
care; or
b. To care for a spouse, child or parent with a serious health
condition as such terms are defined by the Family and Medical Leave Act of 1993
("FMLA"); or
c. To take medical leave when the employee is unable to work
because of the employee's own serious health condition as defined in the FMLA.
2. An employee requesting Family Leave shall present satisfactory
proof of the reason for such leave.
3. Family Leave may be taken on an intermittent basis under 1b) and
c) above when there is a medical necessity for such intermittent leave as
provided in the FMLA.
4. Leave pursuant to FMLA shall be coordinated with any other leave
of absence provided for in this Agreement. They shall not be cumulated, and one
shall be offset against the other.
C. Child Care Facilities: The Employer and the Union shall establish a
local committee to study the availability of child care facilities.
26
ARTICLE XXI
MORE FAVORABLE PRACTICES:
Any custom or practice existing at the time of the execution of this
Agreement more favorable to the employees than the provisions hereof shall be
continued as heretofore. It is understood that this clause is to be mutually
interpreted to provide that prior contrary past practices do not prevail over
subsequently negotiated contract provisions.
ARTICLE XXII
JURY DUTY:
Hampstead Distribution Center employees scheduled to work forty (40) hours
per week and Hampstead NTS employees called for involuntary trial jury duty will
be paid each day for the period of such jury duty the difference, if any,
between the pay received for such jury duty and their regular straight-time
hourly rate or straight-time hourly incentive rate, whichever is applicable, for
up to eight (8) hours. Hampstead Distribution Center employees called to such
jury duty who are scheduled to work less than eight (8) hours daily shall
receive for each day of jury duty the difference, if any, between the pay
received for such jury service and their straight-time hourly rate or straight-
time hourly incentive rate for the daily hours they are regularly scheduled to
work. The employee shall present a receipt for the amount of jury duty pay
received. An employee who receives a notice to serve as a juror must notify the
Employer not later than the next work day. If the Employer deems it necessary to
have the employee excused from jury duty, the Union and the employee agree to
cooperate in seeking to have the employee excused.
27
ARTICLE XXIII
TECHNOLOGICAL CHANGE:
The parties hereto anticipate the possibility of technological change in
the equipment of the Employer's Hampstead Distribution Center and Hampstead NTS
designed to improve productivity and efficiency.
The Employer and the Union recognize that such change should not reduce the
wages of the workers affected thereby or result in workers losing employment
provided they are capable of being trained within a reasonable period of time to
operate the new or modified equipment involved.
In the interests of improving productivity and efficiency and at the same
time protecting the earning opportunity and job security of the employee
affected by technological change the parties hereto are agreed that:
1. The Employer shall give prior notice to the Union of such change.
2. Rates for newly introduced or changed equipment shall be
established by mutual agreement.
3. Reasonable training periods for the new or modified equipment
shall be established by mutual agreement.
4. During any required training period, employees employed on the
new or modified equipment shall be paid on the basis of wages earned plus the
difference, if any, between the expected earnings under the newly established
rates and their prior earnings.
5. Where the new or changed equipment eliminates the need for an
employee or employees or an employee employed on the new or modified equipment
is
28
unable after the agreed upon training period to perform the new or changed job
satisfactorily, the employee or employees so affected shall not be terminated.
Instead, if a job or job is available on a substantially equivalent
operation with the opportunity for substantially equivalent earnings, the
employee or employees may be transferred to such job or jobs. When so
transferred, employees will receive a period of re-training equal to the normal
training period for similarly experienced workers during which they will receive
their former average hourly earnings.
If there are no jobs available on a substantially equivalent operation with
the opportunity for substantially equivalent earnings to which the affected
employee or employees may transfer, they shall have the option to (a) accept any
other available job and receive the normal training period on such job during
which they will receive their former average hourly earnings or (b) they can
leave the employee of the Employer voluntarily and receive severance pay in an
amount mutually agreed to by the Employer and the Union.
A displaced employee who at first elects to take an available job which
does not provide substantially equivalent earning opportunity, at the completion
of the normal training period may at that time elect to accept severance pay and
voluntarily leave the employ of the Employer. In that event the employee's
severance pay shall be reduced by any makeup pay paid the employee during his
normal training period.
In the event an employee elects to accept severance pay, he shall retain
for one year his seniority and recall rights to his former job if such an
opening becomes available.
ARTICLE XXIV
SEPARABILITY:
29
Should any part or provision of this Agreement be rendered or declared
illegal by reasons of any existing or subsequently enacted legislation or by any
decree of a court of competent jurisdiction or by the decision of any authorized
government agency such invalidation of such part or provision shall not
invalidate the remainder thereof. In such event, the parties agree to negotiate
substitute provisions.
ARTICLE XXV
VOLUNTARY CHECKOFF FOR POLITICAL CONTRIBUTIONS:
In the event that voluntary authorization to deduct voluntary political
contributions weekly from an individual member's pay is signed, the Employer
agrees to deduct the said amount and remit the said sum to the Baltimore
Regional Joint Board Political Education Committee. The Union shall reimburse
the Employer for any expense incurred due to this provision.
ARTICLE XXVI
SAFETY AND HEALTH STUDY COMMITTEE:
A Safety and Health Study Committee composed of an equal number of
Management members and Union members from the bargaining unit shall be
established. It will meet regularly at dates, times, and place to be determined
by management after consultation with the Union. The employees shall be paid
their established hourly straight-time rate of pay by the Employer while
attending such meetings.
ARTICLE XXVII
FEDERAL FUNDS:
30
The Union shall cooperate with the Employer to facilitate the availability
of federal funds for training programs.
ARTICLE XXVIII
SUB PROGRAM:
Should the employees agree to purchase additional insurance coverage
provided by the Amalgamated Life Insurance Company, the Employer shall check off
the employees' cost of the program, upon presentation of proper authorization,
and pay the same over to the Amalgamated Life Insurance Company as required by
the contract between the employees and the Amalgamated Life Insurance Company.
ARTICLE XXIX
ORGANIZATIONAL HIRING:
The Employer agrees that it will hire employees who have been discharged
from other employers during an organizing campaign conducted by the Union. The
Employer is not required by this Section to hire an employee who is not
qualified to perform the job that is being applied for. The Employer is not
required to employ such applicants if it does not have jobs available. Any
employee hired under this Section is subject to the Employer's regular
probationary period for new employees.
The Employer is not required to unlawfully give preference to employees
applying under this section.
The Union will hold the Employer harmless for any liability, included but
not limited to attorney's fees imposed by enforcement of this clause.
31
ARTICLE XXX
PERSONAL DAYS OFF WITHOUT PAY
In the administration of the Employer's Absence and Lateness Policy, the
parties are agreed that:
1) Commencing March 1, 2000, employees who have a perfect attendance
record for six (6) consecutive months under the criteria set forth in
the Attendance and Lateness Policy will be entitled to one (1)
personal day off without pay to be taken within the next consecutive
six (6) months.
Example: Those employees who have perfect attendance records measured
-------
by the six (6) consecutive months ending August 31, 2000 will
thereafter be entitled to one (1) personal day off without pay to be
taken within the next consecutive six (6) months, without that time
off being counted as an occurrence.
2) Personal days off shall be scheduled by mutual agreement between the
employee so entitled and his/her immediate supervisor. The Employer's
agreement shall not be unreasonably withheld.
3) The Employer shall have the right to limit the number of employees who
chose to take the same day as a personal day off when granting such
requests would interfere with production needs. In the event that
only a certain number of employees may be permitted to take the same
personal day off, the choice shall be decided by seniority.
32
4) Personal days off may not be cumulated and no more than two (2)
personal days off may be taken in any one contract year.
ARTICLE XXXI
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties hereto and thereafter upon
any successor, purchaser, transferee, lessee or assignee of the Employer's
Hampstead Distribution Center and/or Hampstead National Tailoring Service. The
Employer shall give notice in writing of the existence of this Agreement to any
successor, purchaser, transferee, lessee or assignee with a copy to the Union no
later than the effective date of such purchase, sale, transfer, lessee or
assignment.
ARTICLE XXXII
TERM OF AGREEMENT:
This Agreement shall be effective upon the date hereof and shall remain in
full force and effect until midnight February 28, 2003. It shall be
automatically renewed from year to year thereafter unless on or before December
31, 2003, or December 31, of any year thereafter, notice in writing by certified
mail is given by either the Employer or the Union to the other of its desire to
propose changes in this Agreement or of intention to terminate the same, in
either of which events this Agreement shall terminate upon the ensuing February
28 (or 29 in a Leap Year).
IN WITNESS WHEREOF, the parties hereto have caused their signatures to be
affixed effective the day and year hereinabove first written.
XXXXXX A BANK MFG. CO.
33
_____________________________
BALTIMORE REGIONAL JOINT BOARD,
UNITE
_____________________________
Co-Manager
_____________________________
Co-Manager
34
AGREEMENT dated March 1, 2000 by and between
Xxxxxx X. Bank Mfg. Co., Inc. (Hampstead Distribution
Center & Hampstead National Tailoring Service)
and
Baltimore Regional Joint Board, UNITE
TABLE OF CONTENTS
Page
ARTICLE I -- Coverage.......................................... 1
ARTICLE II -- Union Recognition................................ 1
ARTICLE III -- Union Security.................................. 2
ARTICLE IV -- Wages............................................ 3
ARTICLE V -- Reporting Pay..................................... 4
ARTICLE VI -- Hours of Work.................................... 4
ARTICLE VII - Equipment Breakdown Time and Working Time........ 6
ARTICLE VIII -- Vacations...................................... 6
ARTICLE IX -- Holidays......................................... 15
ARTICLE X -- Bereavement Pay................................... 17
ARTICLE XI -- Equal Division of Work........................... 18
ARTICLE XII -- Payment of Wages and Checkoff................... 19
ARTICLE XIII -- Insurance...................................... 19
ARTICLE XIV -- Health and Welfare Fund......................... 20
ARTICLE XV -- Military Service................................. 20
ARTICLE XVI -- Discharges and Discipline....................... 20
ARTICLE XVII -- Grievance and Arbitration Procedure............ 21
ARTICLE XVIII -- Civil Rights.................................. 23
ARTICLE XIX -- Strikes, Stoppages and Lockouts................. 24
ARTICLE XX -- Leave of Absence................................. 25
ARTICLE XXI -- More Favorable Practices........................ 27
ARTICLE XXII -- Jury Duty...................................... 27
ARTICLE XXIII - Technological Change........................... 28
ARTICLE XXIV -- Separability................................... 30
ARTICLE XXV -- Voluntary Checkoff for Political Contributions.. 30
ARTICLE XXVI -- Safety and Health Study Committee.............. 31
ARTICLE XXVII - Federal Funds.................................. 31
ARTICLE XXVIII - Sub Program................................... 31
ARTICLE XXIX - Organizational Hiring........................... 32
ARTICLE XXX - Personal Days Off Without Pay.................... 32
ARTICLE XXXI - Successors and Assigns.......................... 33
ARTICLE XXXII - Term of Agreement.............................. 34
EXHIBIT I
SUPPLEMENTAL AGREEMENT dated as of March 1, 2000 by and between XXXXXX X.
BANK MFG., CO. (hereinafter called the "Employer") and the BALTIMORE REGIONAL
JOINT BOARD, UNITE (hereinafter called the "Union").
WITNESSETH:
The Employer and the Union have executed a Collective Bargaining Agreement
wherein the Employer agreed to contribute 2% of its gross payroll to a fund to
be used to provide medical benefits to employees, subject to such conditions as
the Trustees may determine with reference to length of service in the clothing
industry and length of payment by the Employer of contributions to the Fund.
The Trustees shall have the right at any time and from time to time modify,
change, amend or terminate to any extent any or all of the terms or provisions
of such plan and to make rules and regulations to carry out the provisions
hereof.
This SUPPLEMENTAL AGREEMENT, EXHIBIT I, is hereby made a part of the
Collective Bargaining Agreement and shall run concurrent to the date of its
expiration.
XXXXXX X. BANK MFG. CO.
/s/: Xxxxxx X. Xxxxxxx
------------------------------
BALTIMORE REGIONAL JOINT BOARD
UNITE
/s/: Xxxx Xxxxx
------------------------------
Xxxx Xxxxx, Co-Manager
/s/: Xxxxxxx X'Xxxxxxxxxx
-------------------------------
Xxxxxxx X'Xxxxxxxxxx, Co-Manager
