AGREEMENT
between
CONSTELLATION WINES U.S., INC.
DUNNEWOOD VINEYARDS
UKIAH, CALIFORNIA
and
U.F.C.W.
WINE, DISTILLERY AND ALLIED
WORKERS LOCAL 186D
MODESTO, CALIFORNIA
OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2011
_________________________________________________________________
TABLE OF CONTENTS
SECTION Page Par.
Union Recognition 7 1-3
Union Security 7 4-6
Union Business 8 7-9
Fees and Dues 9 10-13
Discrimination 9 14
Management Rights 10 15-16
Probationary Period 11 17-18
Service Years 11 19
Seniority 12 20-24
Shift Preference 12 25
Job Bidding 13 26-30
Hours of Work 14 31-36
Agreement on 4 Day
Work Week 16 37
Wage Schedule 18 38-39
Reporting & Call-In 18 40-45
Rate Protection 20 46
Severance Pay 20 47-50
Holidays 21 51-56
Vacations 22 57-65
Health & Welfare,
Major Medical & Dental 26 66-72
401(k) Plan & Basic
Company Contribution 29 73-74
Sick Leave 29 75-78
Jury Duty 30 79-82
Funeral Leave 31 82-84
Leaves of Absence 32 85-88
Military Duty &
Re-employment Rights 33 89
Labor Management
Committee 33 90-92
Discipline 34 93-101
Drug & Alcohol Policy 35 101-112
Responsible, Moderate
Beverage Alcohol
Consumption 40 113-115
Grievance & Arbitration
Procedure 41 116-128
Successor and Assigns 44 129
No Strike/No Lockout 44 130-131
Gender 44 132
Termination of Contract 45 133-134
Wage Schedule 45 --
Signature Page 46 --
_______________________________________________________________________
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL
UNION OF AMERICA, LOCAL 186D
AND
CONSTELLATION WINES U.S., INC.
DUNNEWOOD VINEYARDS
This agreement is entered into the 1st day of October, 2007, by and between the UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION OF AMERICA, on behalf of its Local Union 186D at Ukiah, hereinafter referred to as the Union and CONSTELLATION WINES U.S., INC., Dunnewood Vineyards, Ukiah, California, hereinafter referred to as the Employer.
UNION RECOGNITION
PARAGRAPH 1. The Employer recognizes the Union as the sole and exclusive bargaining agent representing the Employers employees at its Ukiah, California plant.
PARAGRAPH 2. The term "employees" as used in this Agreement shall not include Office Employees, Chemists, Laboratory Technicians, Watchmen, Superintendents, Wine Makers, and Janitors.
PARAGRAPH 3. Except in the case of emergencies, the training and instruction of bargaining unit employees, and research or pilot plant operations, persons excluded from the bargaining unit shall not be permitted to perform work normally performed by bargaining unit members.
UNION SECURITY
PARAGRAPH 4. Upon attaining seniority, each employee as a condition of continued employment shall be required to tender his periodic payments (Initiation fees and Periodic dues) to the Union.
PARAGRAPH 5. Any employee who fails to tender his periodic payments shall after five (5) working days written notice from the Union to the Employer and the employee, be discharged, unless the employee fulfills his obligations during this time. The Union agrees to indemnify and hold the Employer harmless against any and all claims arising out of any action taken pursuant to this section.
PARAGRAPH 6. Upon attaining seniority, the Employer agrees to notify the Union in writing of the employee's name, address, age, sex, telephone number and Social Security number.
UNION BUSINESS
PARAGRAPH 7. A duly authorized Union Representative shall have access to the premises of the Employer upon proper notification. The Union agrees this will not unduly interfere with the business during such visits.
PARAGRAPH 8. Bulletin Board - The employer shall provide a bulletin board upon which notices concerning official Union business may be posted. Said notices may not contain any inflammatory or derogatory comments about the employer. Should the employer refuse to allow a notice to be posted, the dispute will be referred to the labor - management committee.
PARAGRAPH 9. The Union shall notify the Employer in writing the names of the shop stewards. The employer agrees to allow one (1) hour per week with pay for the Union's authorized shop stewards to conduct Union business. Such paid time to be scheduled with their immediate supervisors prior to leaving their work assignments.
FEES AND DUES
PARAGRAPH 10. The Employer agrees to deduct from the payrolls all initiation fees, dues, and reinstatement fees, as required by the Union upon presentation of individual authorizations as required by law, signed by the employees directing the Employer to make such deductions. The Employer shall make such deductions from the employee's pay once in each month and remit same to the Union not later than the 10th day of the following month.
PARAGRAPH 11. The Union will hold the Employer free and harmless against any and all claims, damages, suits or other forms of liability whatsoever that shall arise out of or by reason of action taken or not taken by the Employer for the purpose of complying with any of the check-off provisions.
PARAGRAPH 12. Sick leave payments will not be the subject of monthly dues deduction.
PARAGRAPH 13. The Company will supply the Union a monthly list of all fees and dues due and on such list will indicate all layoffs, leaves of absence, and terminations.
DISCRIMINATION
PARAGRAPH 14. The Employer and the Union agree to comply with all applicable Federal and State Laws concerning Equal Employment Opportunity.
MANAGEMENT RIGHTS
PARAGRAPH 15. The Employer retains the exclusive right to manage the business; to direct, control and schedule its operations and work force and to make any and all decisions affecting the business, whether or not specifically mentioned herein and whether or not heretofore exercised. Such prerogatives shall include, but not be limited to the sole and exclusive rights to: hire, promote, layoff, assign, transfer, suspend, discharge and discipline employees; select and determine the number of its employees, including the number assigned to any particular work; to increase or decrease that number; direct and schedule the work force; determine the location and type of operation; determine and schedule when overtime shall be worked; install or remove equipment; determine the methods, procedures, materials and operations to be utilized or to discontinue their performance by employees of the Employer and/or to subcontract the same; upon notice to and discussions with the Union, transfer, relocate or subcontract any or all of the operations, in whole or in part, at any time; determine the work duties of employees; promulgate, post and enforce rules and regulations governing the conduct and acts of employees during working hours; require duties other than those normally assigned to be performed; select supervisory employees; train employees; discontinue or reorganize or combine any department or branch of operation with any consequent reduction or other change in the work force; introduce new and improved methods or facilities regardless of whether or not such may cause a reduction in the work force; establish change, combine or abolish job classifications; determine reasonable work pace, work performance levels and standards of performance of the employees and in all respects carry out in addition the ordinary and customary functions of management, except as specifically altered or modified by the express terms of this Agreement.
PARAGRAPH 16. Any ordinary maintenance, production and repair work which the employees in the bargaining unit normally perform shall not be contracted out to be performed by outside contractors except upon prior consultation with the Union; provided that the employer will not subcontract normal maintenance, production and repair work when there are qualified personnel on layoff who have performed the work. It is understood and agreed that the Company has the right to purchase raw materials such as wine, high proof, etc., to contract the production of such items and to arrange for contract and franchise bottling.
PROBATIONARY PERIOD
PARAGRAPH 17. All newly hired employees shall be deemed to be on probation during the first ninety (90) days worked within twelve (12) months of the date of hire. The employee may be dismissed by the Employer at any time during such probationary period without the necessity of assigning any cause therefore.
PARAGRAPH 18. No new employee shall be qualified or eligible to receive supplemental benefits of this Agreement, such as leaves of absence, jury duty pay, holiday pay, etc., until they have completed the probationary period.
SERVICE YEARS
PARAGRAPH 19. An anniversary year shall be the twelve (12) month period following the date of employment and every twelve (12) months thereafter. A service year shall be an anniversary year in which an employee shall have been paid nine hundred (900) or more straight time hours including sick leave.
SENIORITY
PARAGRAPH 20. Employees shall acquire seniority upon completion of the probation period, and said employee's seniority date shall become that date.
PARAGRAPH 21. Plant seniority is not affected by transfer within classifications.
PARAGRAPH 22. Seniority shall be broken if the employee: quits, is discharged (except a discharged employee who is reinstated), retires, is absent for two (2) consecutive working days without properly notifying the Employer, fails to return to work within two (2) working days after being notified to return, the employee has not been employed during a twelve month period, or fails to advise the Employer of current telephone number and address when on layoff.
PARAGRAPH 23. The employer will post a seniority roster showing the seniority standing of each employee as of September 1st of each year. A copy will be mailed to the local Union. Any objections to the seniority roster shall be made in writing by February 1st of each year. If there is no objection registered by this date, the roster will stand as posted. If objections are registered, a corrected list is to be posted by March 1st.
PARAGRAPH 24. In a reduction of work force, employees may exercise their plant seniority to transfer to any classification in which they had previously worked at an equal or lower rate held by an employee with less plant seniority or to be placed on layoff.
SHIFT PREFERENCE
PARAGRAPH 25. Employees will be transferred in order of their plant seniority to the shift of their choice to fill vacancies within their classification, subject to the following exceptions.
a. While every effort will be made to assign employees to shifts
based on plant seniority, it is impossible to operate the facility with all of the skilled employees on one shift. Therefore plant seniority alone cannot be the sole determining factor in the assignment of employees to shifts.
b. For training, familiarization, and orientation, it may be
necessary for a new employee to be temporarily assigned to
a shift preferred by a more senior employee. Such temporary
assignments will be limited to thirty (30) days and the
employees will be reassigned by the end of that period.
c. Employees will not be allowed to change shifts during the
work week for the purpose of obtaining overtime.
JOB BIDDING
PARAGRAPH 26. All open positions will be posted on the Company bulletin boards. Such postings will describe the job responsibilities, skill/training requirements, job classification, rate of pay, and the hour and date that bids close. The bidding period will remain open for three (3) days. All applicants will be interviewed and considered and the senior most employee who meets the requirements set forth in the posting shall be awarded the job, provided he / she is able to demonstrate the ability to learn and perform the job. If no employees skill and experience meet the requirements, the Employer may hire from outside. The employer shall be the judge of who meets the requirements of the position. All job bids and awards will be sent to the union office.
PARAGRAPH 27. Disputes regarding whether an applicant meets the requirements of a position, or has the ability to perform, shall be referred to the Labor Management Committee. A majority vote of the committee will be conclusive.
PARAGRAPH 28. An employee may bid down to a lower classification or laterally to a classification with a similar wage rate whenever such an opening is posted.
PARAGRAPH 29. An employee on vacation or layoff may submit, up to two weeks prior to starting their vacation or layoff, a written request to be considered for any job openings for which they are qualified which are posted while they are absent.
PARAGRAPH 30. The Employer shall notify the Union of its decision with any promotion or demotion within three (3) days. The Union shall have seven (7) days from the date of such notification to protest. If no objection is filed by the end of that period, the matter shall be considered closed.
HOURS OF WORK
PARAGRAPH 31. Forty (40) hours shall constitute a week's work for a regular employee, to be worked Monday through Friday, on five (5) consecutive days. Eight (8) consecutive hours shall constitute a day's work in any twenty-four (24) hours period, except for lunch not to exceed one (1) hour. All time worked in excess of eight (8) hours in a twenty-four (24) hour period shall be considered overtime except as noted below. The regular overtime rate shall be one and one-half times the employee's hourly rate of pay. All work performed on Saturday or Sunday will be paid at the rate of time and one half the employees hourly rate of pay, provided the employee has worked or been paid for forty (40) straight time hours in the current work week excluding paid sick time.
PARAGRAPH 32. On occasion, an employee's schedule is changed during the work week from one shift to another (esp. swing to day) resulting in more than eight (8) hours worked in a twenty-four (24) hour period. Such cases shall not be considered overtime if there is at least an eight hour break between such shifts.
PARAGRAPH 33. Double the employee's regular rate of pay shall be paid for all hours worked in excess of twelve (12) hours in any workday and for all hours worked in excess of eight (8) hours on the seventh (7th) day of work in any workweek.
PARAGRAPH 34. Preference to work following an eight (8) hour shift shall be given to the employee performing the job prior to the expiration of the shift. In the event additional employees are needed for extended work, then preference shall be given to the employees with the greatest plant seniority on that shift provided they have the ability and experience with the Employer on such work.
PARAGRAPH 35. Preference to overtime work on a sixth day, seventh day or holiday shall first be given to employees in accordance with employee's plant seniority provided they have the ability and experience on such work. Overtime work for all employees shall be on a voluntary basis provided, however, that where an insufficient number volunteer, qualified employees may be assigned to said work in order of inverse seniority and shall work so assigned provided they have the ability and experience with the Employer on such work. Any statutory requirements regulating hours or conditions of work shall be observed by the Employer and the Union as if part of the Agreement.
PARAGRAPH 36. The parties hereby agree that the equivalent rule set forth in the third sentence of Section 554 of the California Labor Code shall not apply to the employer and employees covered by this collective bargaining agreement, and the employees subject to this agreement may work more than seven consecutive days without the necessity of accumulating days of rest to receive the equivalent of one day of rest in seven in each calendar month.
AGREEMENT ON 4 DAY WORK WEEK
PARAGRAPH 37. By written agreement voluntarily executed by the Employer and 2/3 of the affected employees, the Employer may substitute the provision of Paragraph 37 for the provisions of Paragraph 31 above. In such event, forty (40) hours shall constitute a week’s work, which workweek shall include not more than four (4) consecutive working days of not more than ten (10) hours each, which shall be Monday to Thursday or Tuesday to Friday. The Employer shall not be required to pay overtime rates for the 9th and 10th hours worked during such work days. If an employee on such four-day schedule is required or permitted to work more than 10 hours in any day, the overtime rate prescribed below shall apply for hours worked in excess of the 10th hour of that workday. Employees on such schedule who are required or permitted to work more than four days in a week shall be paid time and one-half for the first eight hours on such additional days and double time in excess of eight hours on those days. The regular overtime rate shall be one and one-half times the employee's hourly rate of pay.
For employees on a four-day week, ten-hour days as provided in the subparagraph, fringe benefits will be paid as follows:
(i) Paid Holidays Under This Agreement. Holidays falling during an employee's four-day week will be paid at ten (10) hours per paid holiday. Holidays falling outside an employee's four-day week will be paid at eight (8) hours per paid holiday.
(ii) Paid Vacations Under This Agreement. In Paragraph 37 convert all words "days" to eight (8) hours per day and convert all words "weeks" to forty (40) hours per week. For purposes of Paragraph 58, the ten days therein will be converted to eighty (80) hours.
(iii) Paid Sick Leave Under This Agreement. Sick leave will be paid out at ten (10) hours per day, exclusive of days outside the employee's four-day week.
(iv) Jury Pay Under This Agreement. This will be paid at ten (10) hours per day or the days the employee is scheduled to work within his/her four-day week.
(v) Funeral Leave Under This Agreement. This will be paid at ten (10) hours per day for three (3) business days which must be within the employee's scheduled four-day week.
(vi) Swing and Graveyard Shifts Under This Agreement. Any reference to eight 8) hours in Paragraph 39 will be changed to ten (10) hours.
(vii) Reporting Pay Under This Agreement. Any reference to four (4) hours in Paragraph 41 will be changed to five (5) hours, and any reference to eight (8) in Paragraph 40 will be changed to ten (10) hours.
After a lapse of twelve (12) months, or such shorter period as the written agreement may provide, the Employer may by written notice to the Union revoke the above agreement and return to the hours of work provisions set forth in Paragraph 31 above, such revocation to be effective sixty (60) days after the notice is given the Union.
After a lapse of twelve (12) months, or such shorter period as the written agreement, may provide, and upon petition of a majority of the affected employees, a new vote shall be held and a 2/3s vote of the affected employees will be required to reverse the agreement above. If such agreement is revoked, the Employer shall comply within sixty (60) days.
WAGE SCHEDULE
PARAGRAPH 38. All employees covered by this Agreement shall be compensated for their services as per wage schedule hereto attached.
PARAGRAPH 39. All work done on the 2nd Shift by an employee assigned thereto shall be paid for at the rate of twenty (20) cents per hour above the regular rate and all work performed on the 3rd Shift by an employee assigned thereto shall be paid for at the rate of twenty-five (25) cents per hour above the regular rate. The term 2nd Shift shall mean any eight (8) hour shift beginning between the hours of 10:00 a.m. and 6:00 p.m. The term 3rd Shift shall mean any eight (8) hour shift beginning between the hours of 6:00 p.m. and 5:00 a.m. The term 1st Shift shall mean any eight (8) hour shift beginning between the hours of 5:00 a.m. and 10:00 a.m.
REPORTING AND CALL - IN
PARAGRAPH 40. All employees when reporting at the scheduled starting time, when requested by the Employer shall be guaranteed a minimum of either four (4) hours work or the equivalent in pay if the employee does not complete four (4) hours of work. It is further agreed and understood that employees, when requested by the Employer, return to work after the meal break shall be guaranteed additional work or equivalent in pay to total shift of eight (8) hours. This paragraph is to be applicable only to the regularly scheduled workweek and specifically excludes overtime assignments.
PARAGRAPH 41. An employee who has previously completed the day's work and is required to report for emergency work shall be paid a minimum of four (4) hours pay at the prevailing premium rate. An employee called in for such emergency work shall not be required to perform non-emergency work to fill out the four (4) hours.
PARAGRAPH 42. When an employee is called to work by the Employer on a Saturday or Sunday, the employee shall be guaranteed a minimum of four (4) hours work, or a minimum of four (4) hours pay in lieu thereof, at the prevailing rate for said Saturday or Sunday work.
PARAGRAPH 43. The following situations may occur:
(a) Operations cannot commence or continue due to threats to employees or property or when recommended by civil authorities.
(b) Public utilities fail to supply electricity, water or gas or there is a different failure in the utilities, computer systems or sewer system, or
(c) The interruption of work or failure to commence work is caused by an act of God.
PARAGRAPH 44. If any of the above events occur the Reporting Pay provisions of this Agreement shall not be applicable to employees reporting for work, but not yet at work, if the Employer has less than three (3) hours notice of the event. If the Employer has three (3) or more hours notice of the event, the Employer will use reasonable means to notify the employees that work will not commence.
PARAGRAPH 45. If any of the above events occur, the Reporting Pay Provisions of this Agreement are modified with respect to employees already at work, so that such employees are only guaranteed a maximum of four (4) hours work on such day. However, employees who are requested to remain on Company premises above four (4) hours shall be paid for such time.
RATE PROTECTION
PARAGRAPH 46. Any employee under one classification of employment as defined in the wage schedule attached hereto shall be paid at the prevailing rate for that classification. If the employee is assigned to a classification of employment which carries a higher or lower bracket of wages, the employee shall be compensated at the prevailing rate for the classification of employment in which the employee is then performing work. Employees who work in more than one classification during a workday will receive pay for that entire day at the rate of the highest classification in which they worked that day, so long as they work not less than four (4) hours in the higher classification job.
SEVERANCE PAY
PARAGRAPH 47. In the event of a permanent plant shutdown, or a permanent departmental shutdown, resulting in the permanent termination of a regular employee, or the installation of new machinery or equipment, which permanently displaces a regular employee, and the employee is permanently thereby terminated, severance pay shall be paid to each such permanently terminated employee in accordance with the following.
PARAGRAPH 48. An employee who has completed three (3) service years shall receive three (3) days pay at his regular rate of pay on the date of termination.
PARAGRAPH 49. An employee who has completed four (4) service years shall receive six (6) days pay at the employees regular rate of pay on the date of termination.
PARAGRAPH 50. For each additional service year, the employee shall receive an additional three (3) days pay at the employees regular rate of pay on the date of termination to a maximum of fifty-four (54) days pay for those being terminated with twenty (20) or more service years to their credit.
HOLIDAYS
PARAGRAPH 51. The following holidays shall be observed under this agreement: New Year's Day, Presidents Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Floating holiday #1, usually the last day before Christmas, Christmas Day, and Floating holiday #2, usually the last business day before New Years Day.
PARAGRAPH 52. Sunday holidays shall be observed on the Monday following and Saturday holidays shall be observed on the preceding Friday, except as noted hereafter. These substituted days shall be the respective holidays and all incidents of holiday pay shall apply thereto. The Company may set the date of the Floating holidays at its discretion.
PARAGRAPH 53. The above holidays shall be paid for at regular rates of eight (8) hours, plus shift differential, if any, provided that an employee must work the employee's full regularly scheduled shift preceding and following the holiday. For the purposes of holiday pay employees on approved Sick Leave, Funeral Leave, Jury Duty and vacation will be considered as having worked. Where an employee is required to be absent from work the day before and/or the day after the holiday due to a mandatory court appearance as a subpoenaed witness in a case in which the employee is not a party, the employee shall not be disqualified from holiday pay on that account, provided that the employee furnishes proof of said mandatory appearance.
PARAGRAPH 54. When a Saturday holiday is required to be observed and paid for on Friday, and work is performed on the Saturday, or when a Sunday paid holiday is required to be observed on Monday and work is performed on the Sunday, all such work shall be paid for at the rate of double (2) times the employee's regular hourly rate of pay.
PARAGRAPH 55. In the case of layoffs of employees with seniority they must have worked one (1) day within the period commencing five (5) working days immediately before and ending five (5) working days immediately following the holiday.
PARAGRAPH 56. All work performed on the above holidays shall be paid for at the rate of double time in addition to holiday pay at the employee's regular rate of pay.
VACATIONS
PARAGRAPH 57. Vacations must be taken during the service year immediately following the year in which earned, except in case of termination, and are not cumulative from year to year without prior approval from the Employer. Any unused portion of vacation may be cashed out at the sole discretion of the Employer.
Sick Leave pay and Vacation pay will be assigned to any time off work which is designated as Family Medical Leave. Sick pay will be applied first and must be exhausted prior to Vacation pay being applied.
PARAGRAPH 58. To obtain vacation credit for a month's employment, an employee must have worked not less than eighty (80) hours within a calendar month. No employee shall lose vacation credits for loss of time caused by:
(i) an "on the job" injury or accident for a period not to exceed twelve (12) months from date of accident; or
(ii) absence due to jury duty for which the Employer has given the Employee jury duty pay under Paragraphs 79 of this Agreement.
PARAGRAPH 59. The Employer agrees that vacation with regular pay shall be granted to employees within the bargaining unit computed during the employee's service year as follows:
Months of
Employment
Within
Service 2nd Year & After After After
Year 1st Year Thereafter 5 Years 12 Years 19 Years
1 mo. 0 7 hrs. 10 hrs. 13 hrs. 17 hrs.
2 mo. 0 13 hrs. 20 hrs. 27 hrs. 33 hrs.
3 mo. 0 20 hrs. 30 hrs. 40 hrs. 50 hrs.
4 mo. 0 27 hrs. 40 hrs. 53 hrs. 67 hrs.
5 mo. 0 33 hrs. 50 hrs. 67 hrs. 83 hrs.
6 & 7 mo. 2 1/2 days 5 days 10 days 15 days 20 days
8 mo. 3 days 6 days 11 days 16 days 21 days
9 mo. 3 1/2 days 7 days 12 days 17 days 22 days
10 mo. 4 days 8 days 13 days 18 days 23 days
11 mo. 4 1/2 days 9 days 14 days 19 days 24 days
12 mo. 5 days 10 days 15 days 20 days 25 days
(1) An employee is eligible for three (3) weeks vacation after completing five (5) years of seniority, to be given during the sixth (6th) year of seniority.
(2) An employee is eligible for four (4) weeks vacation after completing twelve (12) years of seniority, to be given during the thirteenth (13th) year of seniority.
(3) An employee is eligible for five (5) weeks vacation after completing nineteen (19) years of seniority, to be given during the twentieth (20th) year of seniority.
(4) After 25 years of employment, an employee may add his/her 5 days sick leave to his/her vacation entitlement for a total of 30 days. The 30 days may be used for vacation and/or sick leave but must be used in increments of no less than one (1) full day. To avoid an attendance infraction the time off must be approved in advance.
PARAGRAPH 60. Rate of Pay.
A. Regular Pay: The average hourly basic rate of the employee in the twelve (12) months immediately proceeding the expiration of the service year, adjusted to the current contract rates at the time of taking vacation.
B. Day's Pay: The sum obtained by multiplying the average hourly basic rate times eight (8) hours, plus any shift differential provided the employee has worked a minimum of twenty-six (26) weeks out of the employee's service year on shifts other than the day shift and, provided further that if the employee works on a regular rotating shift the employee shall receive one-third (1/3) the combined shift differentials added to the rate of the employee's vacation pay.
C. In the event employees are on vacation on or after the anniversary date of the Agreement and wage increases are obtained, these employees shall receive the increases for the period of their vacation on or after the effective date of the increases.
PARAGRAPH 61. Scheduling.
A. Vacations will be scheduled at the Employer's preference and in accordance with plant seniority ratings both as far as possible without disturbing production requirements. Final decision shall rest with the Employer, provided employees are given thirty (30) days advance notice of vacation commencement dates.
B. Employees who, at the convenience of the Employer, forego their vacation, shall receive any new rates that might be established and in effect at the time of taking vacation.
C. Employees shall not be required to split their vacations and shall be permitted to take their vacations in consecutive weeks, provided that the requirements of management are not thereby impeded or interfered with. Management will not arbitrarily deny consecutive vacation weeks. Senior employees shall have preference so far as practicable.
D. Where there is a plant shutdown/vacation period of only two (2) weeks, employees entitled to longer vacations may take the balance of their vacation at their convenience in increments of one week, or less in the event of a layoff, with management's prior agreement, provided further, that production requirements shall not be thereby impeded. No employee shall be required to take more than two (2) weeks of his/her vacation during a plant shutdown situation.
PARAGRAPH 62. Holiday During Vacation. When a paid holiday under the terms of this Agreement occurs during an employee's vacation, the employee shall receive an extra day's vacation or pay in lieu thereof, at the option of the Employer.
PARAGRAPH 63. Termination. Employees whose employment is terminated for any cause and who are paid their pro-rated share of vacation pay, shall start a new vacation service year on the date of re-employment.
PARAGRAPH 64. Layoff. Employees who are laid off before qualifying for vacation pay, and who are re-employed within the current service year, shall retain their anniversary date and receive credit for all time worked during such service year.
PARAGRAPH 65. Service Year Defined. The twelve (12) months following the date of employment and every twelve (12) months thereafter. An employee's date of employment shall always be considered the anniversary date when computing the first year vacation benefits unless a new anniversary date is acquired as provided above in Paragraph 63, thereafter an employee’s vacation accrual date is from June 1 to May 31 of each year.
HEALTH AND WELFARE, MAJOR MEDICAL,
AND DENTAL
PARAGRAPH 66. Effective October 1, 2007, (first payable in November 2007), a premium of $602.38 per month per eligible or covered employee who has worked or been paid for at least forty (40) straight time hours in the previous month shall be made to the United Food and Commercial Workers’ National Health and Welfare Fund to provide a Health and Welfare program ("The Universal Plan") as more fully described in the attached Trust Agreement executed between the parties.
In the event the Employer Contribution is not sufficient to provide the scheduled benefits, the employees shall make up the difference between the Employer Contribution and the rate required by the United Food and Commercial Workers’ National Health and Welfare Fund by payroll deduction taken by the employer from the employees' paychecks, and the employer shall remit the full amount of contribution required by the Trust Fund.
The Employer and the Union agree that the total of an individual employee’s share of the monthly medical and dental premium can be deducted (on a pre-tax basis) from the employee’s paychecks in two (2) equal installments during a month, provided the Universal Health and Welfare Plan meets the IRS and Department of Labor standards for pre-tax qualifications.
All premium increases during the term of this agreement will be paid fifty percent (50%) by the employer and fifty percent (50%) by the covered employee.
Employees may opt-out of the health care benefits under this Agreement and receive instead a payment of fifty dollars ($50.00) per month from the Employer under the following circumstances: (1) the employee must provide a certificate of alternate healthy care coverage: and (2) no more than twenty percent (20%) of the total number of covered persons (from all participating employers) may withdraw from the UFCW Universal Plan at any one time.
Eligible employees wishing to opt-out of, or back in to, the health care benefits may opt-out, or back in during a window period of December 1st through December 31st or each year during the term of this Agreement, or upon the occurrence of a “qualifying event” as defined under COBRA regulations, (e.g., marriage, divorce, birth of a child, loss of alternate health care coverage, death, etc.). The Employer must be notified within 30 days of the qualifying event to opt in or out of coverage.
PARAGRAPH 67. All claims for covered medical and dental expenses shall be subject to non-duplication or coordination of benefits in that all benefits provided shall be reduced to the extent by which the employee or dependents of the employee are entitled to benefits under any other group health and welfare plan with respect to the same expenses or charges.
PARAGRAPH 68. A plan without a coordinating provision is the primary plan. If all plans have such a coordinating provision, the plan covering the patient as the employee, rather than as the employee's dependent, is primary and the other is secondary. If a child is covered under both parent's plans, the plan of the parent whose birthday occurs first in the calendar year is the primary plan. When parents are separated or divorced, however, their plans pay in the following order: (First) If a court decree has established financial responsibility; (Second) The plan of the parent with the custody of the child; and (Third) The plan of the parent not having custody of the child.
PARAGRAPH 69. The Universal Plan shall remain in full force and effect for each eligible or covered employee during the interim or lapse between the termination date of the Labor Agreement and the entering into a new Agreement.
PARAGRAPH 70. The Universal Plan shall provide coverage for 100% of incurred medical expenses when both spouses are Union members and are simultaneously employed by contributing employers.
PARAGRAPH 71. Dental Plan - During the term of this agreement, the employer shall contribute the sum of $70.00 per month for each eligible employee who has worked or been paid for at least 40 straight time hours in the previous month to Delta Dental Plan of California to maintain in effect the current plan of coverage. Such payment will not be made on behalf of probationary employees, but will commence the first of the month following acquisition of seniority.
In the event the employer Contribution is not sufficient to provide the scheduled benefits, the employee shall make up the difference between the Employer Contribution and the rate required by the Dental Provider by payroll deduction taken by the Employer from the employee’s paychecks and the Employer shall remit the full amount of the contribution required by the Plan.
All premium increases during the term of this agreement will be paid fifty percent (50%) by the employer and fifty percent (50%) by the employee.
PARAGRAPH 72. If an employee, after attaining three (3) years of seniority, becomes absent from employment due to a lay-off, industrial or non-industrial injury or illness, the employee and eligible dependents shall remain eligible for death, medical and dental benefits during such absence, but for no more than three (3) months during such absence, nor, for no more than six (6) months in any calendar year subject to the employee maintaining current monthly contributions.
401(k) PLAN AND BASIC COMPANY CONTRIBUTION
PARAGRAPH 73. The Company will establish a 401 (k) plan for the Dunnewood employees covered by the Collective Bargaining Agreement. The 401 (k) plan will include a Company match of $.50 on the dollar for the first 3% of base pay plus overtime contributed by the employee for a maximum Company contribution of 1.5% of eligible earnings. Employees are 100% vested in the money they contribute. Company contributions vest at 20% per year, being fully vested at the end of 5 years.
PARAGRAPH 74. The Company will provide a Basic Company Contribution of 3% of base pay plus overtime.
SICK LEAVE
PARAGRAPH 75. In the case of a non-industrial illness or non-industrial injury, sick leave with pay up to a total of forty (40) straight-time hours at the rate of a full day's pay at straight-time earnings, will be allowed to all employees. Sick leave will be accumulated at the rate of forty (40) hours per year of service to a maximum of one hundred sixty (160) hours in reserve at any one time. Any unused portion of sick leave in reserve may be carried over to the first year of the current contract, but in no event shall the total allowable sick leave exceed one hundred sixty (160) hours in reserve at one time. Employees entitled to State Disability Benefits shall have their weekly benefits supplemented by their sick leave entitlement to an amount equal to 100% of their normal straight-time earnings less any statutory deductions, except no supplemental benefits will be paid during the one (1) day waiting period. Said waiting period shall be waived if the employee is hospitalized. Sick leave is applicable only in case of an illness and shall not be paid for if not taken and will be paid in the following manner.
Sick Leave and Vacation pay will be assigned to any time off work which is designated as Family Medical Leave. Sick Leave will be applied first and must be exhausted prior to Vacation pay being applied.
PARAGRAPH 76. Each succeeding workday - full day's pay at the employee's straight-time rate earned immediately prior to going on sick leave less any state disability payments and statutory deductions.
PARAGRAPH 77. Upon return to work, employees, to qualify for sick leave pay, may be required by the Employer to present a physician's or surgeon's or dentist's certificate verifying the illness. This shall include California licensed Doctors of Chiropractic.
PARAGRAPH 78. Employees who accumulate hours beyond forty (40) hours maximum will be allowed to cash out their excess hours at 100% their hourly rate on their accrual date.
JURY DUTY
PARAGRAPH 79. An employee required to serve on a jury and who misses work shall be paid the difference between the employee's straight-time earnings and the amount paid the employee for jury duty, provided (i) the employee gives the Employer three (3) working days' notice that he/she must report for jury duty or such notice as the employee has if the Court gives the employee shorter notice, (ii) the employee furnishes proof of such jury duty, and (iii) the hours of jury duty occur during the employee's regularly scheduled shift or as otherwise provided herein.
PARAGRAPH 80. If a first shift employee, sometimes known as a day shift employee, is released from jury duty four (4) hours or less after the normal starting time of his/her shift, or by noon, whichever is earlier, the employee shall be required to report for work within one (1) hours after his/her release from jury duty. If a day shift employee is released from jury duty more than four (4) hours after the normal starting time of his/her shift or after twelve (12) noon, the employee shall not be required to work his/her scheduled shift on that day.
PARAGRAPH 81. If a second or afternoon shift employee is released by the Court by twelve (12) noon, the employee shall be required to work the employee's scheduled shift. If a second or afternoon shift employee is released by the Court after twelve (12) noon, the employee shall not be required to work the employee's scheduled shift on that day.
PARAGRAPH 82. A third or graveyard shift employee shall not be required to work the employee's scheduled shift immediately prior to the employee's first morning of jury duty. If a third or graveyard shift employee is released by the Court seven (7) hours or more prior to the start of his/her scheduled shift, the employee shall be required to work his/her scheduled shift that night. If a third or graveyard shift employee is released by the Court less than seven (7) hours prior to the start of his/her scheduled shift, the employee shall not be required to work his/her scheduled shift that night.
FUNERAL LEAVE
PARAGRAPH 83. In the event of the death of an employee's father, mother, grandparent, father-in-law, mother-in-law, sister, brother (including half-sister and half-brother), legal guardian, spouse, child, legally adopted child or grandchild, an employee shall be allowed three (3) consecutive work days leave one day of which must be the date of the funeral or internment with full pay just as the employee would have received if working. Attendance at the funeral is not required. Proof of death and relationship may be required by the company.
PARAGRAPH 84. Employees on approved leave of absence to care for members of their immediate family, in the event of death of said family member during such leave of absence, shall receive the benefits set forth herein above provided that the employee returns to work. If funeral leave is obtained by misrepresentation, it shall subject the employee to immediate discharge.
LEAVES OF ABSENCE
PARAGRAPH 85. Leaves of absence may be obtained from the Employer not to exceed twelve (12) months for illness or physical incapacity and for a period not to exceed sixty (60) days for valid personal reasons. The Employer may require that the request for leaves of absence be submitted on a form provided for the purpose. If found to have been obtained by fraud or misrepresentation, the employee may lose all seniority rights and be subject to dismissal. The acceptance of other employment during said leave of absence shall be grounds for discharge. Leaves of absence may be extended if circumstances warrant.
After an absence from work for any reason for 60 or more days, the Company will require the returning employee to submit to a Drug and Alcohol Test. The employee will be bound by the provisions of the Drug and Alcohol Policy. See side “Letter of Agreement”.
PARAGRAPH 86. Requests for extension of leaves of absence must be made by the employee and be approved by the Employer or the Employer's designated representative three (3) days in advance of the termination date of the leave, unless a satisfactory reason is given.
PARAGRAPH 87. When a leave of absence or extension is granted, the Union shall be notified thereof.
PARAGRAPH 88. The employee must notify the Employer the available date of return to work at least three (3) days prior to the termination of the leave of absence.
MILITARY DUTY AND RE-EMPLOYMENT RIGHTS
PARAGRAPH 89. The Employer and the Union agree to comply with applicable Federal and State laws concerning military leave and re-employment rights.
LABOR MANAGEMENT COMMITTEE
PARAGRAPH 90. A Labor -Management Committee is created for the purpose of communications and problem solving. Membership on the Labor-Management Committee will be comprised of no more than two (2) from the Employer and two (2) from the Union. The membership of the Committee shall be active employees of the Employer. The Union members will be appointed by the Union and the Employers members will be appointed by the Employer. Both the Union and Management may designate one of their officials who is not normally employed by the employer.
PARAGRAPH 91. Meetings - The Labor-Management Committee shall meet as required. The Meetings will be during regular working hours. The meeting will be called by the Plant Manager at his discretion or at the request of the Shop Steward. The exact time and date is to be set by the Plant Manager. The employees shall be paid the applicable rate of pay for all time spent on these specially called Labor-Management conferences.
PARAGRAPH 92. It is expressly understood that no action or decision by the committee can alter, modify or amend the terms of the Collective Bargaining Agreement nor set a precedent unless agreed to in writing by both the Union and the Employer.
DISCIPLINE
PARAGRAPH 93. The Employer shall be the sole judge of the competency of employees and the direction of the working forces, which includes the absolute right to suspend or discharge for just cause.
PARAGRAPH 94. Just cause shall include but not be limited to violation of the drug and alcohol policy defined herein, insubordination, falsifying any Company record, willful damage, theft, willfully falsifying application for employment, punching another's time card, defacing, erasing or changing the record on time card and unauthorized strike action.
PARAGRAPH 95. In order that the Union representative may have sufficient time to investigate the charges, the employee shall not be discharged but may be suspended for a minimum of two (2) business days. Written and telephone notice of such suspension will be furnished to the Local Union. If the matter cannot be resolved, the employee may be discharged.
PARAGRAPH 96. If the Union considers such discharge to be unjust, the matter shall be handled in the manner more fully set forth in the Grievance procedure defined herein, provided the grievance is filed in writing with the Employer and the Union within seven (7) calendar days after such discharge becomes effective.
PARAGRAPH 97. Complaints as to minor infractions shall be removed from an employee's personnel file immediately upon the completion of a twelve (12) month period with no recorded complaint.
PARAGRAPH 98. With regard to violation of unexcused absences and chronic absenteeism and tardiness, a written warning to a regular employee will not be used after the lapse of twelve (12) months from date of issuance of such warning. In the case of other warnings, a written warning will not be used after the lapse of 260 days worked or two (2) years, whichever is sooner, from the date of issuance of such warning.
PARAGRAPH 99. Disciplinary action as outlined in Schedule A shall be binding on the parties with respect to the offenses and procedures set forth in Schedule A which is made a part of this Agreement. Schedule A shall not be construed to be all inclusive and the Employer shall have the right to discipline, for just cause, for other infractions not specifically designated in Schedule A.
PARAGRAPH 100. SCHEDULE A
TYPICAL VIOLATIONS AND DISCIPLINARY ACTIONS
OFFENSE ACTION
OFFENSE NO.
1 2 3 4
Chronic absenteeism and tardiness W W W D
Gross negligence W D
Smoking - forbidden areas W D
W - Warning D - Discharge
PARAGRAPH 102. Professional, confidential counseling services are provided in the Ukiah Area. These services are offered by licensed clinical social workers and other professional staff, trained and skilled in counseling, psychotherapy, human relations and consultation. These professional counseling services address problems relate to many personal problems, including alcohol abuse and drug abuse.
PARAGRAPH 103. The employer encourages employees who may have a problem with either alcohol or drugs to seek assistance. Employees who would like more information about these counseling services are asked to contact the Human Resources Department. All such inquiries will be held in strict confidence and will not be used in any way against any employee who seeks help. In most cases, the medical insurance program, sick leave and personal leave may be implemented when counseling services are engaged.
PARAGRAPH 104. The Employer and the Union are concerned about the use of alcohol and drugs on Employer premises or Employer time; and the use of drugs by employees at any time, and the effect that any use of such controlled substances has on job performance and on safety. Use of alcohol or drugs on the job adversely affects an employee's efficiency, safety and health. Such use is also a danger to the welfare of fellow employees and it exposes the Employer to risks of property loss or damage as well as injury to other persons. The Employer prohibits the following behavior by all bargaining unit and non-bargaining unit employees:
PARAGRAPH A) The use, sale, purchase, transfer, possession, or presence in any amount of any illegal drug by any employee while on Employer time or on Employer premises.
PARAGRAPH B) The use of alcohol on Employers premises during an employee work shift, not including any necessary tasting of the Employer's products that is part of an employee's normal work responsibility.
PARAGRAPH C) Arrival at work under the influence of alcohol or any illegal drug.
PARAGRAPH D) Being under the influence of any legally obtained drug to the extent that the employee's safety, the safety of his coworkers, or his job performance is adversely affected.
PARAGRAPH 105. Any employee who has previously completed the employee's work day and, after leaving the plant, is required to report for emergency work but cannot do so without violating this Drug and Alcohol policy will not have to report to work.
PARAGRAPH 106. For the purposes of this policy, "illegal drug" means any drug, not including alcohol, which is not legally obtained as defined under any Federal, State or local statue. It also includes marijuana and any prescribed drug not legally obtained or being used for unprescribed purposes.
PARAGRAPH 107. For the purpose of this policy, "Under the influence" means that the employee is affected by a drug or by alcohol in any detectable manner.
PARAGRAPH 108. For the purpose of this policy, "Employer Premises" is any Employer property, including parking lots, and driving or riding as a passenger in an Employer vehicle or a private vehicle for which the Employer has authorized reimbursement.
PARAGRAPH 109. When the Employer has a reasonable suspicion that an employee is under the influence of drugs or alcohol it may require a blood test, urinalysis, or other drug/alcohol screening test to evaluate the employee suspected of using drugs or alcohol. A "reasonable suspicion" is defined as belief based on observations sufficient to lead a reasonable person to conclude that the employee is under the influence of drugs or alcohol. No test will be conducted without the employee's consent. Refusal to consent to a test, however, may, at the Employer's discretion, result in suspension without pay and further disciplinary action.
PARAGRAPH 110. If an employee is observed to be impaired as evidenced by unusual behavior, such as slurred speech, inability to maintain balance, etc., or otherwise incapable of performing his or her job in a safe manner, the following actions will be taken:
PARAGRAPH A) The supervisor will determine impairment and remove the employee from the work area for the employee's safety and that of his or her co-workers.
PARAGRAPH B) The supervisor will contact a bargaining unit shop steward and a member of management who will both observe the employee to determine impairment.
PARAGRAPH C) If the determination is confirmed that the employee reasonably appears to be impaired, a request will be made of the employee, by the supervisor, in the presence of the shop steward, to submit to a drug/alcohol test at an appropriate, licensed, Employer approved testing facility which uses government-certified testing and chain of possession procedures.
PARAGRAPH D) If the employee agrees, a Drug-Alcohol Test Request form will be completed and signed by the employee in the presence of the shop steward and the supervisor will then escort the employee to the testing facility. The employee may voluntarily note, on a form furnished by the Employer, the use of any prescription or nonprescription medications before any test is given. The Employer may require that employee to provide evidence that a prescription medication has been lawfully prescribed by a physician. Through the use of the above described laboratory procedures, the laboratory will report significant presence of all prescription and non-prescription medications. If an employee is taking a prescription or nonprescription medication in the appropriate described manner and has voluntarily noted such use, as provided above, he/she will not be disciplined. Medications prescribed for another individual, not the employee, shall be considered to be illegally used and subject the employee to discipline.
PARAGRAPH E) Any initial positive test made by the laboratory will be re-tested for confirmation. The certified laboratory will use accepted practices for maintaining sample integrity and security in the testing and re-testing process. No laboratory reports or test results shall appear in an employee's personnel folder. Information of this nature will be included in the medical file.
PARAGRAPH F) Following the test, the employee will be transported home via transportation arranged by the supervisor. If the test results are negative, the employee will be paid for the balance of the work day that he or she did not work because of the testing requirement. If the test results are positive, the employee will not be paid for the balance of the work day that he or she did not work because of the testing requirement.
PARAGRAPH G) If the employee does not submit to the testing, he or she will be requested to sign a Drug-Alcohol Test Request form verifying such denial, in the presence of the shop steward. The employee will be suspended and transportation home will be arranged by the supervisor. A determination of disciplinary action will be made by management.
PARAGRAPH 111. All employees who are involved in, contribute to, or directly cause an industrial accident will be required to submit to a drug/alcohol test at a licensed facility regardless of whether reported at the time of the injury or thereafter as described in this Section. This includes any industrial accident for which an Employer Accident Report is written. The same procedures described in this Section will be followed. Employees who are involved in, contribute to, or directly cause an industrial accident and refuse to submit to a drug/alcohol test will be subject to discipline.
PARAGRAPH 112. Disciplinary action by the Employer based on positive test results, after the employee has been selected for testing because of impairment at the work place based on probable cause, described herein, shall be as follows:
PARAGRAPH A) If the test results show a forensically acceptable positive quantum of proof of cocaine, heroin, PCP, LSD, barbiturates, amphetamines, marijuana, or any other illegal or controlled substance, said results shall constitute just cause for immediate discharge.
PARAGRAPH B) If the regular physical examination test results of urine specimens by gas chromatography/mass spectrometry confirm the initial immunochemical quantitation of twenty (20) or more nanograms cross-reactive cannabinoids/ml, the employee shall be subject to disciplinary action up to and including termination.
PARAGRAPH C) If the test results of blood specimens by gas chromatography-mass spectrometry detect a concentration equal to or above 0.02 percent by weight of alcohol in the employee's blood, the employee shall be subject to disciplinary action up to and including termination.
RESPONSIBLE, MODERATE BEVERAGE
ALCOHOL CONSUMPTION
PARAGRAPH 113. The Employer recognizes that due to the nature of its business, certain Employer functions may include the service of beverage alcohol products. The policy of the Employer is that such products shall be made available in a manner that encourages responsible consumption and avoids abuse. This policy defines responsibility of the Employer and its employees to ensure that moderation is practiced. Each individual must be held accountable for his or her responsible consumption of alcoholic beverages just as he or she must be held responsible for behavior of every other kind.
PARAGRAPH 114. Any gathering of Employer's employees called in the name of the Employer, and paid for in whole or in part with Employer funds, might be seen as an Employer-Sponsored event. Accordingly, employees of the Employer must be clear in their understanding of this policy to include any event that might be considered an Employer function.
PARAGRAPH 115. While the Employer will take steps to present beverages in a responsible manner, the Employer does not assume responsibility for individual negligence or violation of the provision or intent of this policy. Individuals who choose to use beverage alcohol at an Employer function are fully liable for any consequences that flows from those actions.
GRIEVANCE AND ARBITRATION PROCEDURE
PARAGRAPH 116. Grievances are defined as disputes about the interpretation or application of this Agreement and alleged violations of the Agreement.
PARAGRAPH 117. Grievances shall be presented to the Employer within seven (7) calendar days from the date of occurrence. If such notice is not given to the Employer within seven (7) calendar days of the occurrence of the facts upon which the complaint is based, then it shall be deemed waived and abandoned and shall not thereafter form the basis of a grievance between the parties hereto.
PARAGRAPH 118. The grievance shall first be taken up with the immediate supervisor of the grievant. The supervisor shall make every effort to return the grievance with an answer to the shop steward as soon as possible. If the answer is not forthcoming within seven (7) calendar days or if the answer is unacceptable, the shop steward or the Union may ask for the grievance to be submitted to the grievance committee.
PARAGRAPH 119. GRIEVANCE COMMITTEE - A Grievance Committee is created for the purpose of settling grievances as they arise between the parties. Membership on the Grievance Committee will be comprised of no more than two (2) from the Employer and two (2) from the Union. The Union Members will be appointed by the Union and the Employer's members will be appointed by the Employer.
PARAGRAPH 120. MEETINGS. The Grievance Committee shall meet as required.
PARAGRAPH 121. Grievance Hearing Procedures.
1) The Grievance Committee will review the facts of each case.
A. In cases of discharge or other disciplinary action, the
company shall present its evidence to the Committee
first.
B. In all other cases, the Union shall present its evidence
to the Committee first.
C. Any additional procedural matters shall be resolved
by the Committee.
2) Balloting: After all evidence has been received, the issue shall be set forth on a ballot form, which shall be submitted to the panel members for deliberation and a secret ballot vote. The number of yes votes and the number of no votes shall be set forth on a ballot form and then signed by all members. Grievance Committee decisions are binding on both parties.
PARAGRAPH 122. If the Grievance Committee procedure fails to settle the
grievance, then within (30) days of the Grievance Committee Hearing, the grievance may be submitted to arbitration.
PARAGRAPH 123. Arbitration - Arbitration may be demanded by serving notice thereof on the Employer. Failure of the Union to request arbitration within thirty (30) days of the Grievance Committee procedure shall constitute a waiver and abandonment of grievance.
PARAGRAPH 124. Within ten (10) days from the receipt of such notice, the employer and the Union shall select a mutually satisfactory arbitrator to hear and determine the dispute. If after ten (10) days from the receipt of notice, the parties cannot agree upon the selection of an arbitrator then the arbitrator shall be selected from a panel of not less than seven (7) names supplied by the Federal Mediation and Conciliation Service. Unless otherwise agreed, the selection process shall proceed expeditiously.
PARAGRAPH 125. The arbitrator shall have no power to add to, or subtract from, or modify any of the terms of this agreement, nor shall he substitute his discretion for that of the Employer or the Union, nor shall he exercise any responsibility or function of the Employer or the Union. The arbitrator shall have authority to interpret wage rates and the application thereof, but he shall have no authority to create new wage rates.
PARAGRAPH 126. The decision of the arbitrator shall be final and binding on all the parties involved in such controversy of grievance and shall conclusively determine the dispute.
PARAGRAPH 127. Each party shall bear the cost of presenting its own case. The fees and expenses of the arbitrator shall be equally divided between the Union and the Employer.
PARAGRAPH 128. The time limits set forth herein shall equally bind each party to this Agreement. Any time limit may be extended for a fixed period of time if mutually agreeable to the Union and Company. Any agreed upon time extension shall be noted and signed by the Company and Union representatives on the grievance form.
SUCCESSOR AND ASSIGNS
PARAGRAPH 129. The employer agrees that upon sale, transfer or lease of its facility it will notify the purchaser of the existence of the Union and of the Collective Bargaining Agreement.
NO STRIKE / NO LOCKOUT
PARAGRAPH 130. Neither the Union nor the employees shall engage, authorize, assist, encourage, or participate in any strike during the term of this agreement.
PARAGRAPH 131. The Employer will not lockout during the term of this agreement.
GENDER
PARAGRAPH 132. Whenever the masculine gender is used in this Agreement, it shall include the female and wherever the female gender is used in this Agreement, it shall include the male.
TERMINATION OF CONTRACT
PARAGRAPH 133. This agreement shall be in full force and effect from the first day of October, 2007 to and including the last day of September, 2011 and shall be treated and considered as renewed from the first day of October, 2011 to the last day of September, 2012 and annually thereafter unless:
PARAGRAPH 134. Either party serves upon the other sixty (60) days prior to the expiration of this contract a notice in writing. The duration of this contract may be extended by mutual consent after the expiration date or the expiration of any renewal thereof for the purpose of continuing negotiations, such extension to be upon the terms and conditions mutually agreeable to both parties.
DUNNEWOOD VINEYARDS
WAGE SCHEDULE
EFFECTIVE: 10/01/07
CLASS JOB 10/1/07 10/1/08 10/1/09 10/1/10
1 Working Winery Foreman $24.22 $24.94 $25.69 $26.46
2 Working Foreman, All Depart-
ments, Maintenance Technician $23.30 $24.00 $24.72 $25.46
3A Winery Maintenance Mechanic $21.42 $22.07 $22.73 $23.41
3B First 90 Days $20.06 $20.67 $21.29 $21.92
4A Winery Equipment Operator
(Centrifuge, Press, Pressure Leaf
Filter Operator, Crusher Op.) $17.59 $18.12 $18.66 $19.22
4B First 90 Days $16.79 $17.29 $17.81 $18.35
5A Barrel Forklift Operator $16.17 $16.65 $17.15 $17.66
5B First 90 Days $15.87 $16.35 $16.84 $17.34
6A Racker/Blender, Pad & Lees,
Filter Operator, Barrel Handler $15.87 $16.35 $16.84 $17.34
6B First 90 Days $15.32 $15.78 $16.25 $16.74
7A General Winery Worker,
Grape Test Attendant $10.00 $10.00 $10.00 $10.00
7B First 90 Days $9.50 $9.50 $9.50 $9.50
AGREED
.