AGREEMENT made this 22nd day of November, 1996, retroactive to and
effective as of the 1st day of September, 1996, by and between XXXXX XXXXX, A
NEW YORK PARTNERSHIP, whose place of business is located at 00-00 00xx Xxxxx,
Xxxx Xxxxxx Xxxx, Xxx Xxxx 00000; hereinafter designated as the "Employer"; and
DRUG, CHEMICAL, COSMETIC, PLASTICS AND AFFILIATED INDUSTRIES WAREHOUSE
EMPLOYEES LOCAL 815, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; whose office is located at 000 Xxxxxx Xxxxxx, Xxxxxxxxx Xxxxxx, Xxx
Xxxxxx 00000; hereinafter designated as the "UNION".
IN CONSIDERATION of the premises and of the mutual and reciprocal
promises herein made and obligations herein assumed, as more fully hereinafter
set forth, the parties agree as follows:
FIRST: The Employer recognizes the Union as the sole collective
bargaining agent for all employees in its employ, excluding office employees,
executives, supervisors, armed guards and warehouse managers. Whenever the word
"employees" is used in this Agreement, it shall be deemed to refer to all
employees except for those specifically excluded above, regardless of whether
or not they are members of the Union.
-2-
All employees shall, as a condition of continued employment, become
and remain members of the Union in good standing after they have completed
thirty days of employment or thirty days after execution of this Agreement,
whichever is later, provided, however, that no employee shall be removed from
his employment under this Article so long as he continues to tender uniform
dues and his initiation fee to the Union after such thirty-day period. Any
employee who fails to maintain his membership to the extent of not paying
uniform dues and his initiation fee after such thirty-day period, shall be
discharged by the Employer immediately upon notification from the Union in
person or in writing. All new employees shall be on a trial period of thirty
calendar days during which time they may be discharged without recourse to the
grievance procedure.
SECOND: The Employer shall deduct uniform membership dues and
initiation fees from the wages paid to each employee. The Employer shall make
such deductions from the first payroll in each month and transmit all such
funds deducted no later than the tenth day of each month. All funds deducted
from the wages paid to employees for the payment of such dues and initiation
fees shall be held in trust by the Employer and shall be considered at all
times the property of the Union, provided, however, that prior to making such
deductions the Employer has received from each employee on whose
-3-
account such deductions are made, a written assignment, which shall not be
irrevocable for a period of more than one year or beyond the termination date
of the Agreement, whichever occurs sooner, and which may contain a clause that
such assignment shall be automatically renewed for additional periods of one
year, unless the employee shall terminate such assignment in writing within
thirty days prior to any expiration date thereof.
THREE: The Employer shall have the right to establish two work shifts;
Monday through Friday and Tuesday through Saturday.
The regular work week for all employees on a Monday - Friday work
shift shall consist of five days, Monday through Friday, and no more than eight
hours per day and no more than forty hours per week. Work performed beyond
eight hours in any day, or forty hours in any week, or on Saturday, shall be
paid for at the overtime rate of one and one-half times the employees' regular
hourly rate. Work performed on Sunday shall be paid for at the premium rate of
two times the employees' regular hourly rate.
The regular work week for all employees on a Tuesday - Saturday work
shift shall consist of five days, Tuesday through Saturday, and no more than
eight
-4-
hours per day and no more than forty hours per week. Work performed beyond
eight hours in any day, or forty hours in any week, or on Monday, shall be paid
for at the overtime rate of one and one-half times the employees' regular
hourly rate. Work performed on Sunday shall be paid for at the premium rate of
two times the employees' regular hourly rate.
Employees shall work a reasonable amount of overtime.
FOURTH: No employee, whatever the performance, shall be discharged,
suspended, laid off or furloughed except for good and sufficient cause. In the
event an employee is proven to have committed an act amounting to dishonesty or
criminal negligence, the Employer may summarily discharge such employee.
Layoffs and recalls from layoffs shall be made in accordance with seniority and
ability to perform the available work.
FIFTH: The Employer agrees that authorized representatives of the
Union shall be permitted to enter the Employer's place of business at any time
for the adjustment of disputes, grievances or any other matters that may
require their presence.
-5-
SIXTH: Should any dispute arise concerning the application,
interpretation, effect, purpose or breach of any term or condition of this
Agreement or in the event that there shall exist any claim, demand, dispute or
controversy between the parties hereto, including but not limited to a demand
or dispute arising out of a proposed addition, deletion or modification of this
Agreement, the parties hereto shall first attempt to settle and adjust such
dispute, claim, demand or controversy by negotiation. In the event that said
dispute, claim, demand or controversy shall not be completely settled and
adjusted, the parties agree that either of them may submit the question,
including any damages that have been suffered, to arbitration before an
arbitrator designated by the New York State Board of Mediation, the American
Arbitration Association or the Federal Mediation and Conciliation Service in
accordance with their rules. The arbitrator so designated shall conduct a
hearing in such manner as he shall consider proper and shall serve as sole
arbitrator of the dispute between the parties. The arbitrator shall have the
right to conduct an ex parte hearing in the event of the failure of either
party to be present at the time and place designated for the arbitration, and
shall have the power to render a decision based on the testimony before him at
such hearing. The decision of the arbitrator shall be final and binding upon
both parties and may be entered as a final decree
-6-
or judgment in the Supreme Court of the State of New York or in a court of
appropriate jurisdiction in any state where such decision shall be rendered.
The costs of arbitration, including the arbitrator's fee, shall be borne
equally by the Employer and the Union. It is the intent of the parties hereto
that all disputes between them, both within and outside of the Agreement, shall
be submitted to arbitration and that no defense to prevent the holding of the
arbitration shall be permitted. Service of any document or notice referred to
above, or service of any notice required by law in connection with arbitration
proceedings, may be made by registered or certified mail.
SEVENTH: (A) It is hereby agreed by and between the respective parties
that effective as of September 1, 1996 (being a continuation of contributions
previously made), the Employer shall contribute to the Vacation Fringe Benefit
Fund the sum of Five and Two-Fifths Per Cent (5.4%) of the Employer's total,
gross, straight-time payroll expense for each employee covered by the Agreement
regardless of whether or not any such employee is a member of the Union and
regardless of the number of hours worked during the week. Such payments shall
be made weekly for the last preceding payroll week. A list containing the names
and straight-time, weekly earnings of each employee in the bargaining unit
shall accompany each such payment. The Employer's payroll records, social
-7-
security records and other pertinent data shall be open for inspection and
audit by the Fund upon demand. Such payments shall be made directly to the
Vacation Fringe Benefit Fund and shall be held subject to the provisions of a
trust indenture dated February 17, 1971 and any amendments, changes or
additions thereto.
The Fund shall be managed and administered by a board of trustees
equally representative of the employers and the Union. In the event the
Employer and the Union trustees deadlock on the administration of the Fund,
they shall agree on an impartial umpire to decide such dispute; or in the event
of their failure to agree within a reasonable length of time, an impartial
umpire shall, on petition of either trustee, be appointed by the District Court
of the United States for the district where the Fund has its principal office.
The trustees shall make provisions for an annual audit of the Fund. A statement
of the results shall be available for inspection by interested persons at the
principal office of the Fund and at such other places as may be designated by
the trustees.
The Fund shall be used for the purpose of providing annual and
supplementary vacation benefits, jury duty reimbursement and for such approved
similar and related purposes and benefits, and for the payment of the
-8-
reasonable administrative expenses of the Fund, as the trustees may determine.
By executing this Agreement, the Employer hereby authorizes the Trustees of the
Vacation Fringe Benefit Fund, on its behalf, as its express agent, and in its
name and stead, to remit to the appropriate Federal taxing authorities, the
Employer's share of any FICA taxes owed by the Employer as a result of vacation
and/or fringe benefit payments made by the Fund to employees of the Employer,
together with the employee's share of any such taxes, and, where applicable to
remit to the appropriate State taxing authorities the disability taxes owed as
a result of such payments. Similarly, by executing this Agreement, the Employer
hereby authorizes the Trustees of the Fund on its behalf, as its express agent
and in its name and stead, to issue to the appropriate governmental agencies
and to its employees receiving vacation and/or fringe benefit payments through
the Fund, Federal, State and City earnings statements showing gross wages, FICA
tax withheld, FICA wages, State income tax withheld and local tax withheld as a
result of such vacation and/or fringe benefit payments by the Fund. The
Trustees of the Fund shall have no obligation to report wages earned by the
Employer's employees, except such wages as are transmitted to the Employer's
employees by the Fund.
All monies paid to the Fund shall be used and disbursed by the
trustees pursuant to the
-9-
terms, conditions and provisions of the trust indenture or any amendments,
changes or additions thereto; and the rules, regulations and resolutions
adopted thereunder. Neither the Union, nor any member of the Union individually
or collectively; nor any International Union; nor any body with which the Union
may be affiliated; nor any participating Employer individually or collectively,
nor any combination thereof; nor any association, corporation, group, entity,
person or trust; nor any successor or assign thereof either directly or
indirectly, shall have any right, title, interest or claim in or to the Fund or
any part thereof, nor to any accounting, supervision or control thereof, of
whatsoever kind or nature.
All monies, contributions, property, assets of the Fund and those
hereafter acquired and the ownership, control and the administration of the
Fund shall irrevocably, inseparably and forever remain vested exclusively in
the trustees of the Fund. No employee of any participating employer; nor any
employee of the Union; nor any person claiming by, through or under such
employee, either directly or indirectly, shall have any right, title, interest
or claim in or to the Fund or to any part thereof; nor to any accounting,
supervision or control thereof, of whatsoever kind or nature; nor any claim
against the Union, participating employers or the trustees, or to the
contributions of his or her Employer to the
- 10 -
Fund or any assets or monies held by the Fund except such benefits as are
provided for by the Fund and/or by the rules and regulations from time to time
established and promulgated by the trustees in accordance with the powers
granted by the trust indenture as the same may be amended or modified from time
to time. The discretion of the trustees as to the administration, use and
disbursement of the Fund shall be final and conclusive.
All payments shall be due and payable on the first day of each week,
for the preceding week. The foregoing notwithstanding, however, if the Employer
fails to make all payments required hereunder, on or before the tenth day of
the month for the preceding month, then the Trustees may require, and the
Employer agrees to pay, interest on any unpaid balance at the applicable rate
as permitted by law. In addition, the Employer specifically agrees that it
shall be liable for all auditing expenses, collection costs and legal fees
incurred by the Union or by the Trustees of the Fund for the collection of such
payments.
Conditioned upon the Employer's timely payment in full to the Fund of
all of its obligations as specified herein, no further liability whatsoever
shall attach hereunder to the Employer; and no claim can, shall
- 11 -
or may be made by any employee against the Employer based upon the terms hereof
for any reason whatsoever.
(B) The amount of vacation to which an employee is entitled shall be
determined as of July 1 of each year:
Less than six months
of employment as of None
July 1
Six months but less than
one year of employment One week (40 hours)
as of July 1
One year but less than
seven years of employment Two weeks (80 hours)
as of July 1
Seven years but less than
twenty years of employment Three weeks (120 hours)
as of July 1
Twenty or more years of
employment as of July 1 Four weeks (160 hours)
In determining eligibility for vacation leaves, all computations shall
be based upon each employee's total length of employment with the Employer. No
deductions shall be made from an employee's accumulated service except for
periods of nonemployment by the Employer. Such deductions shall be made in
accordance with the provisions of the trust indenture, and/or resolutions
adopted by the trustees.
- 12 -
Full power and authority will be lodged in the trustees of the
Vacation Fringe Benefit Fund to determine the extent of service credits to be
allocated to each employee as well as the rules and regulations pursuant to
which employees will be paid for any earned vacation pay.
In accordance with the rules and regulations of the Fund and at such
intervals as they determine appropriate, the trustees of the Fund shall
transmit to each employee on whose behalf contributions have been made to such
Fund, an amount equal to the sum of such employee's vacation leave entitlement
multiplied by such employee's regular straight-time, hourly rate of pay as of
the date of such employee's vacation leave. This sum will be diminished by the
amount of any vacation payments made by the Fund to such employee during the
preceding vacation year (i.e. the period from. July 1 of the preceding year
through June 30 of the current year).
Part-time employees shall receive vacation leave and vacation pay on a
pro rata basis.
EIGHTH: All employees shall receive pay for the following holidays,
whether or not they are scheduled to work on such holidays:
- 13 -
New Year's Day Labor Day
Xxxxxx Xxxxxx Xxxx'x Birthday Thanksgiving Day
Presidents' Day One-half day before Christmas Day
Good Friday Christmas Day
Memorial Day One-half day before New Year's Day
Independence Day Employee's Birthday
Work performed on any such holidays shall be paid for at one and
one-half times the employees' regular rate of pay, in addition to the holiday
pay.
NINTH: All good conditions, customs and privileges enjoyed by the
employees prior to the execution of this Agreement shall continue in full force
and effect without suspension or interruption as though they were actually
enumerated herein. The Employer shall not sell his establishment, or any part
thereof without 60 days' advance notice in writing to the Union, nor shall he
remove, terminate, discontinue, rent or lease any part thereof, without
providing similar advance notice. In no event shall such transaction be
consummated except on the basis that the purchaser or lessee shall assume this
Agreement and all of its terms and conditions and shall continue to recognize
the Union as the collective bargaining representative for all employees
formerly covered by
- 14 -
this Agreement. In addition, the seller or renter, as well as the purchaser or
lessor, shall be responsible for all financial liabilities under this Agreement
up to and including the date of this transaction.
TENTH: The Union may elect or select shop stewards from among the
employees, who shall receive top seniority; and such shop stewards shall have
the authority to report grievances and violations of the contract to the Union.
No shop xxxxxxx shall have the right to call any strike, stoppage or cessation
of work; and the sole duty and liability of the Union, in the event that a shop
xxxxxxx so transcends his authority, shall be limited to ordering the employees
to return to work after written notice from the Employer. The shop xxxxxxx
shall have the right during working hours to discuss grievances or perform such
other duties as the Union may require of him.
ELEVENTH: It is hereby agreed by and between the respective parties
that, commencing with the week ending September 6, 1996 (being a continuation
of contributions previously made), the Employer shall pay to the Allied Welfare
Fund the sum of Fifty-Four ($54.00) Dollars, and commencing with the week
ending September 5, 1997, the sum of Fifty-Nine ($59.00) Dollars, and
commencing with the week ending
- 15 -
September 4, 1998, the sum of Sixty-Six ($66.00) Dollars, and commencing with
the week ending March 5, 1999, the sum of Sixty-Nine ($69.00) Dollars each and
every week for each employee who is employed within the bargaining unit,
commencing with the first day of employment of such employee, regardless of
whether such employee is a member of the Union and regardless of the number of
hours worked during the week. The Employer shall submit to the Fund a list of
the employees for whom such payments are made. Vacations, holidays and sick
leave with pay shall be deemed time worked. The Employer's payroll records,
social security records or other pertinent data shall be open for inspection
and audit by the Fund upon demand. Such payments shall be made directly to the
Allied Welfare Fund and shall be held subject to the provisions of a trust
indenture effective January 26, 1954 and any amendments, changes or additions
thereto. The Fund shall be managed and administered by a board of trustees
equally representative of the employers and the Union. In the event the
Employer and the Union trustees deadlock on the administration of the Fund,
they shall agree on an impartial umpire to decide such dispute; or in the event
of their failure to agree within a reasonable length of time, an impartial
umpire shall, on petition of either trustee, be appointed by the District Court
of the United States for the district where the Fund has its principal office.
The trustees shall make provisions for an annual audit of the Fund. A
- 16 -
statement of the results shall be available for inspection by interested
persons at the principal office of the Fund and at such other places as may be
designated by the trustees.
Such contributions shall be used for the purpose of providing
insurance, Major Medical insurance, welfare and similar benefits for employees
employed by the Employer, employees employed by all other employers similarly
situated, their families, and the payment of reasonable administrative expenses
of the Fund; and shall, in addition, be used and disbursed by the trustees
pursuant to the terms, conditions and provisions of the trust indenture or any
amendments, changes or additions thereto; and the rules, regulations and
resolutions adopted thereunder. Neither the Union, nor any member of the Union
individually or collectively; nor any International Union, nor any body with
which the Union may be affiliated; nor any participating employer individually
or collectively; nor any combination thereof; nor any association, corporation,
group, entity, person or trust; nor any successor or assign thereof, either
directly or indirectly, shall have any right, title, interest or claim in or to
the Fund or any part thereof; nor to any accounting, supervision or control
thereof, of whatsoever kind or nature. All monies, contributions, property,
assets of the Fund and those hereafter acquired; and the ownership control and
the administration of
- 17 -
the Fund shall irrevocably, inseparably and forever remain vested exclusively
in the trustees of the Fund. No employee of any participating employer; nor any
employee of the Union; nor any person claiming by, through or under such
employee, either directly or indirectly, shall have any right, title, interest
or claim in or to the Fund or to any part thereof; nor to any accounting,
supervision or control thereof of whatsoever kind or nature; nor any claim
against the Union, participating employers, or the trustees, or to the
contributions of his or her employer to the Fund or any assets or monies held
by the Fund except such benefits as are provided for by the plan and/or by the
rules and regulations from time to time established and promulgated by the
trustees in accordance with the powers granted by the trust indenture, as the
same may be amended or modified from time to time. The discretion of the
trustees as to the administration, use and disbursement of the Fund shall be
final and conclusive.
All payments shall be due and payable on the first day of each month,
for the preceding month. If the Employer fails to make a payment or payments
required hereunder, on or before the tenth day of the succeeding month, then
the Trustees may require, and the Employer agrees to pay, interest on any
unpaid balance at the applicable rate as permitted by law. In addition, the
Employer specifically agrees
- 18 -
that it shall be liable for all auditing expenses, collection costs and legal
fees incurred by the Union or by the Trustees of the Fund for the collection of
such payments.
From and out of the contributions made to the Allied Welfare Fund as
specified above, Eight Dollars per employee per week shall be unconditionally
and irrevocably allocated and paid to the Union Mutual Medical Fund subject to
the provisions of a trust indenture effective September 6, 1978 and any
amendments, changes or additions thereto, for the benefit of retired employees
of the Employer and retired employees of all other employers similarly situated
and their families who are receiving pension benefits from the Union Mutual
Fund, and those employees of the Employer and of all other employers similarly
situated whose pension benefits from the Union Mutual Fund have been vested and
who, in either case, are and remain members in good standing of the Union
Mutual Benefit Association. All sums contributed to the Union Mutual Medical
Fund and the affairs of said Fund shall be managed and administered by a Board
of Trustees equally representative of the employers and the participants. All
of the foregoing conditions and provisions applicable to the Allied Welfare
Fund shall be equally applicable to the Union Mutual Medical Fund.
- 19 -
TWELFTH: It is hereby agreed by and between the respective parties
that, commencing with the effective date of this Agreement (being a
continuation of contributions previously made), the Employer shall pay to the
Union Mutual Fund the sum of Twenty-Four Dollars each and every week for each
employee who is employed within the bargaining unit commencing with the first
day of employment of such employee, regardless of whether such employee is a
member of the Union and regardless of the number of hours worked during the
week; and the Employer shall submit to the Fund a list of the employees for
whom such payments are made. Vacations, holidays and sick leave with pay shall
be deemed time worked. The Employer's payroll records, social security records
and other pertinent data shall be open for inspection and audit by the Fund
upon demand. Such payments shall be made directly to the Union Mutual Fund and
held subject to the provisions of a trust indenture effective November 1, 1955
and any amendments, changes or additions thereto. The Fund shall be managed and
administered by a board of trustees equally representative of the employers and
the Union. In the event the Employer and the Union trustees deadlock on the
administration of the Fund, the two shall agree on an impartial umpire to
decide such dispute; or in the event of their failure to agree within a
reasonable length of time, an impartial umpire shall, on petition of either
trustee, be appointed by the District Court of the United States
- 20 -
for the district where the Fund has its principal office. The trustees shall
make provisions for an annual audit of the Fund, a statement of the result of
which shall be available for inspection by interested persons at the principal
office of the Fund and at such other places as may be designated by the
trustees.
The Fund shall be used for the purpose of providing pensions and/or
annuities and similar benefits for employees employed by the Employer,
employees employed by all other employers similarly situated, the payment of
reasonable administrative expenses of the Fund and shall, in addition, be used
and disbursed by the trustees pursuant to the terms, conditions and provisions
of the trust indenture, or any amendments, changes or additions thereto; and
the rules, regulations and resolutions adopted thereunder. Neither the Union,
nor any member of the Union individually or collectively; nor any International
Union; nor any body with which the Union may be affiliated; nor any
participating employer individually or collectively; nor any combination
thereof; nor any association, corporation, group, entity, person or trust; nor
any successor or assign thereof either directly or indirectly, shall have any
right, title, interest or claim in or to the Fund, or any part thereof; nor to
any accounting, supervision or control thereof of whatsoever kind or nature. It
is understood
- 21 -
and agreed that the Employer and all other employers similarly situated may
have a continuing financial obligation pursuant to the provisions of the
Employee Retirement Income security Act of 1974, in the event of termination or
partial termination of the Fund. All monies, contributions, property, assets of
the Fund and those hereafter acquired; and the ownership, control and the
administration of the Fund shall irrevocably, inseparably and forever remain
vested exclusively in the trustees of the Fund. No employee of any
participating employer; nor any employee of the Union; nor any person claiming
by, through or under such employee, either directly or indirectly, shall have
any right, title, interest or claim in or to the Fund or any part thereof; nor
to any accounting, supervision or control thereof of whatsoever kind or nature;
nor any claim against the Union, participating employers or the trustees; nor
to the contributions of his or her employer to the Fund; nor to any assets or
monies held by the Fund except such benefits as are provided by the plan and/or
by the rules and regulations from time to time established and promulgated by
the trustees in accordance with the powers granted by the trust indenture, as
the same may be amended or modified from time to time. The discretion of the
trustees as to the administration, use and disbursement of the Trust Fund shall
be final and conclusive.
- 22 -
All payments shall be due and payable on the first day of each month,
for the preceding month. If the Employer fails to make a payment or payments
required hereunder, on or before the tenth day of the succeeding month, then
the Trustees may require, and the Employer agrees to pay, interest on any
unpaid balance at the applicable rate as permitted by law. In addition, the
Employer specifically agrees that it shall be liable for all auditing expenses,
collection costs and legal fees incurred by the Union or by the Trustees of the
Fund for the collection of such payments.
THIRTEENTH: Effective September 1, 1996, each employee shall receive a
general wage increase amounting to Three (3%) Per Cent of such employee's wage
rate immediately prior thereto.
Effective January 1, 1997, each employee shall receive a general wage
increase amounting to Two (2%) Per Cent of such employee's wage rate
immediately prior thereto.
Effective September 1, 1997, each employee shall receive a general
wage increase amounting to Five (5%) Per Cent of such employee's wage rate
immediately prior thereto.
- 23 -
Effective September 1, 1998, each employee shall receive a general
wage increase amounting to Five (5%) Per Cent of such employee's wage rate
immediately prior thereto.
After thirty days of employment, all newly hired employees shall
receive a wage increase of Five Dollars per week ($.125 per hour).
FOURTEENTH: All employees shall receive a paid fifteen-minute rest
period during the afternoon of each work day.
FIFTEENTH: Should the Employer fail to meet promptly the financial
obligations under the terms of this Agreement or breach any term or condition
thereof, such shall be considered a material breach of this Agreement, and the
Union reserves the right thereafter to demand that the Employer post cash
security or a bond in a reasonable sum, and may institute additional
appropriate measures, to assure the faithful performance of this Agreement. The
Union will at all times retain the right to proceed to arbitration in
accordance with the provisions of Article Sixth hereof.
- 24 -
During the term of this agreement the Union agrees that there shall be
no strikes, work stoppages or slowdowns by the employees. The Employer agrees
that during the term of this agreement it will not lock out any of its
employees.
SIXTEENTH: This Agreement and all of the conditions and terms thereof
shall be binding upon the Employer, and shall also be binding upon and govern
the working conditions and terms of employment in any new or future acquired
establishment that the Employer shall acquire, conduct or maintain during the
term of this Agreement. The Employer will not move his plant or any part
thereof more than twenty-five (25) miles from its present location without the
consent of the Union, which consent shall not be unreasonably withheld.
SEVENTEENTH: On September 1, 1999, and at the expiration of each
annual period thereafter during the term of this Agreement, the Union shall
have the right to reopen the Agreement in order to renegotiate wages and other
benefits for all employees. Should the parties fail to agree, any issue in
dispute shall be submitted to arbitration in accordance with the procedure set
forth in Article Sixth herein. The right to reopen shall not be waived by
failure to give notice under this
- 25 -
clause and any agreement reached upon such reopening, no matter when had, shall
be retroactive to the anniversary date of the Agreement.
EIGHTEENTH: This contract shall not take effect until it is approved
and executed by an authorized officer of the Union. No term, condition or
provision of this Agreement may be modified or changed except in writing signed
by both parties.
NINETEENTH: If any provision of this Agreement cannot be put into
effect or operation, or can be only partially effective or operative because of
applicable Executive Orders, regulations or legislation dealing with wage and
price stabilization, then such provision shall become effective and operative
at such time and in such amounts or to such extent and for such periods,
prospectively or retroactively, as will be permitted by applicable Executive
Orders, legislation or regulations. Alternatively, at the time that such
provision is prevented from becoming effective or operative in whole or part,
the Union shall have the option of declaring such provision void in whole or
part, and negotiating with the Employer concerning alternative benefits. Such
benefits must cost the Employer substantially the same amount or a lesser
amount than the benefits which they will replace.
- 26 -
TWENTIETH: All employees who have completed six months of employment
shall be entitled to receive five (5) days of paid sick leave during each
contract year and shall be reimbursed on the anniversary date of this Agreement
for all unused sick leave. Employees shall receive a day's wages at their then
current daily rate of pay for each day of sick leave pay.
Employees shall not be required to provide a doctor's note or other
substantiating evidence in order to be eligible to receive sick leave pay,
provided, however, that employees shall call the Company as early as possible
on the first day of any illness to advise the Company concerning the absence
and its anticipated length; provided further that in the event the Employer
feels that an employee is abusing the sick leave referred to above, it shall
have the right to request a doctor's note.
TWENTY-FIRST: This Agreement shall become effective from the 1st day
of September, 1996, and shall remain effective and binding upon the parties
hereto, their heirs, successors, assignees and trustees in bankruptcy for a
period of three years up to and including August 31, 1999, and shall
automatically continue thereafter for annual periods. Should either party
desire to terminate this Agreement, notice
- 27 -
thereof shall be given by registered or certified mail to the other at least
sixty days prior to each expiration date. However, either party may notify the
other in writing at least thirty days prior to the renewal date of the desire
to renegotiate or alter any of the clauses of this Agreement, and in such
event, the Agreement shall be deemed automatically extended, and such reopening
shall be had under the provisions of Article Seventeenth herein; and any
changes, amendments, additions or alterations agreed upon as the result of each
renegotiation or ordered by any arbitrator upon such renegotiation, shall
become effective and be retroactive to the annual termination date of this
Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 22nd
day of November, 1996.
DRUG, CHEMICAL, COSMETIC, PLASTICS
AND AFFILIATED INDUSTRIES WAREHOUSE
EMPLOYEES LOCAL 815, AFFILIATED
WITH THE INTERNATIONAL BROTHERHOOD
OF TEAMSTERS
By: /s/ Xxxxx Xxxxxxxx
-----------------------------------
Xxxxx Xxxxxxxx, President
XXXXX XXXXX, A NEW YORK PARTNERSHIP
By: /s/ Authorized Signatory President
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Employer Title
[LOCAL UNION NO. 815 LETTERHEAD]
September 1, 0000
Xxxxx Xxxxx, X Xxx Xxxx Partnership
00-00 00xx Xxxxx
Xxxx Xxxxxx Xxxx, Xxx Xxxx 00000
Gentlemen:
This is to confirm our understanding that your contributions to the Vacation
Fringe Benefit Fund consist of two components. The first component (vacation
component) is to be contributed in the amount of Four and Four-fifths Per Cent
(4.4%) of your gross, straight-time payroll expense for bargaining-unit
employees and is intended to cover the cost of vacation payments made in
accordance with the terms of the collective bargaining agreement, including
disability taxes and the Employer's and employees' share of FICA taxes.
The second component (fringe component) in the amount of One Per Cent (1%) of
your gross, straight-time, payroll expense for bargaining-unit employees is
intended to cover the cost of supplementary vacation benefits, jury duty
reimbursement and other approved similar and related purposes and benefits, as
the trustees may determine.
Your vacation component contributions will be subject to an annual audit and
review. In the event that your vacation component contributions, including
disability taxes and the Employer's and employees' share of FICA taxes, are
less than the annual vacation payments made by the Fund in accordance with the
terms of the collective bargaining agreement, you will be required to remit the
balance immediately. Furthermore, by signing this letter, you specifically
agree to adjust your vacation component contribution rate, upon notification
from the Union that such adjusted contribution rate is necessary to avoid
future deficits. In the event that your vacation component contributions exceed
the vacation payments made by the Fund in accordance with the terms of the
collective bargaining agreement, including disability taxes and the Employer's
and employees' share of FICA taxes, the balance will be refunded to you on or
before January 30th of the succeeding calendar year.
If the foregoing conforms with your understanding, please sign below where
indicated.
ACCEPTED AND APPROVED:
Drug, Chemical, Cosmetic, Plastics
and Affiliated Industries Warehouse
Employees Local 815, Affiliated with
the International Brotherhood of
Teamsters
By: /s/ Xxx Xxxxxxxx
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Xxx Xxxxxxxx, Secretary-Treasurer/CEO
ACCEPTED AND APPROVED:
Xxxxx Xxxxx, A New York Partnership
By: /s/ Authorized Signatory President
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Employer Title
