TABLE OF CONTENTS

PARTIES TO CONTRACT 2

I UNION RECOGNITION 2

II UNION SECURITY 2

III CHECK-OFF INITIATION FEES, DUES AND ASSESSMENTS 3

IV NON-DISCRIMINATION 4

V MANAGEMENT RIGHTS 4

VI PROBATIONARY PERIOD 5

VII SENIORITY 5

VIII LAYOFF/REDUCTION IN FORCE 7

IX JOB POSTING/BIDDING 8

X SHIFT PREFERENCE 10

XI HOURS OF WORK 11

XII MAINTENANCE TRAINEE PROGRAM 12

XIII ATTENDANCE 12

XIV REPORT-IN AND CALL-BACK PAY 14

XV SUBCONTRACTING 15

XVI JOB ABOLISHMENT/SEVERANCE PAY 15

XVII HOLIDAYS 16

XVIII VACATIONS 17

XIX JURY DUTY 20

XX BEREAVEMENT LEAVE 21

XXI LEAVES OF ABSENCES 23

XXII UNION SHOP STEWARDS 23

XXIII UNION BULLETIN BOARDS 24

XXIV UNION ACCESS 24

XXV GRIEVANCE PROCEDURE 25

XXVI ARBITRATION 27

XXVII DISCIPINE 28

XXVIII OVERTIME 30

XXIX OVERTIME PROCEDURE 30

XXX DRUG AND ALCOHOL TESTING PROGRAM 32

XXXI HEALTH AND WELFARE, MAJOR MEDICAL,

DENTAL, AND EMPLOYEE ASSISTANCE PROGRAM (EAP) 39

XXXII WORKERS' COMPENSATION 41

XXXIII SICK PAY 42

XXXIV PENSION PLAN AND 401K 43

XXXV NO STRIKE-NO LOCKOUT 43

XXXVI WORKPLACE VIOLENCE 44

XXXVII SCOPE OF AGREEMENT 44

XXXVIII TERMINATION OF CONTRACT 44

XXXIX GENDER 45

XL MILITARY DUTY AND REEMPLOYMENT RIGHTS 45

XLI FUTURE CONDUCT OR AGREEMENTS BY THE PARTIES 45

XLII WAGE PROTECTON 46

WAGE SCHEDULE 47

SIGNATURE PAGE 48

SUPPLEMENTAL AGREEMENTS COVERING THE MODESTO,

LIVINGSTON, OR FRESNO FACILITIES

1.1 The Company recognizes the Union as the exclusive representative of employees as defined in Section 1.2 of this Agreement.

1.2 Whenever used in this Agreement, the term "employees" shall mean all production and maintenance employees, employed by the Company at its Modesto facilities, at 200 Yosemite Blvd., Modesto, CA 95354, and 600 Yosemite Blvd., Modesto, CA 95354, its Livingston facility at 18000 W. River Road, Livingston, CA 95334, and its Fresno facility at 5610 E. Olive Ave., Fresno, CA 93727, but excluding exempt, salaried non-exempt, and members of other bona fide, recognized collective bargaining units as covered by collective bargaining agreements with the Company.

1.3 Unless in case of bona fide emergencies, the training and instruction of bargaining unit employees, or research or pilot plant operations, managers, team leaders, and persons excluded from the bargaining unit shall not be permitted to perform any work normally performed by bargaining unit employees, and which said employees now perform.

2.1 An employee employed at the time this Agreement becomes effective, who is a member of the Union at such time, shall tender to the Union an amount of money equal to the monthly dues and assessments charged by the Union to all employees who are members of the Union.

assessments, if applicable and the monthly dues charged by the Union to all employees who are members of the Union.

2.3 An employee who is initially employed or re-employed after the time this Agreement becomes effective shall, not later than 75 workdays, after the commencement of employment, tender to the Union an amount of money equal to the initiation or reinstatement fee, and assessments, if applicable and the monthly dues charged by the Union to all employees who are members of the Union.

2.4 The Union shall be the sole judge of the good standing of its members. Any employee who fails to become a member of the Union within the time limit set forth herein above or who fails to pay the required initiation fees, periodic dues and regularly authorized assessments as prescribed by the Union, shall be immediately discharged upon written notice from the Union to the Employer.

2.5 Upon completion of the employee's probationary period, the Company agrees to provide the Union, in writing, on the monthly dues report, the employee's name, address, social security number, age, telephone number, and clock number.

3.2 The Union will furnish the forms to be used for the authorization. The Employer will furnish the Union with a duplicate copy of all signed authorizations.

3.3 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 provisions of the initiation fees, reinstatement fees, regularly authorized assessments, and monthly dues check-off.

3.4 Sick leave payments will not be the subject of monthly dues deduction. However, vacation pay is subject to a monthly dues deduction.

4.1 In the administration of this Agreement, neither the Company nor the Union shall discriminate against any employee because of that employee's race, color, sex, religion, national origin, age, veteran status, or union membership, or against qualified individuals with a disability, or against individuals for any reason prohibited by law.

4.2 This section of the Agreement shall be interpreted in accordance with applicable federal and state law.

4.3 In the administration of this Agreement, the Company and the Union will provide reasonable accommodation to qualified employees with a disability and to employees based upon their religious tenets. The need for and the extent of such accommodations shall be determined by the Company in accordance with its interpretation of the requirements of the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the applicable portions of California’s Fair Employment and Housing Act, even if such accommodations may be in conflict with a provision of this Agreement.

4.4 An arbitrator hearing a grievance that alleges a violation of this section is authorized to award only reinstatement, back pay and/or back benefits to a prevailing grievant and has no authority to award compensatory, punitive, or any other monetary damages not specifically mentioned above.

forms of compensation for employees; to maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted; to set the starting and quitting time and the number of hours and shifts to be worked; to use independent contractors to perform work or services; to subcontract, contract out, close down, or relocate the Company's operations or any part thereof; to expand, reduce, alter, combine, transfer, assign, or cease any job, department, operation, or service; to control and regulate the use of machinery, facilities, equipment, and other property of the Company; to introduce new or improved research, production, service, distribution, and maintenance methods, materials, machinery, and equipment; to determine the number, location and operation of departments, divisions, and all other units of the Company; to issue, amend and revise policies, rules, regulations, and practices; and to take whatever action is either necessary or advisable to determine, manage and fulfill the mission of the Company and to direct the Company's employees.

6.1 An employee who has never accrued seniority under this Agreement or predecessor Agreements between the Company and the Union, or an employee rehired after termination of seniority shall be in "probationary" status until completion of 75 workdays. The employee may be dismissed by the Company at any time during such probationary period without the necessity of assigning any cause therefore.

6.2 Employees will not be eligible for Company benefits until the expiration of their probationary period.

7.1 Definitions

a. Seniority

section. Seniority shall be applicable only as expressly provided in this Agreement.

b. Department Pool

A group of employees composed of one or more pay classifications, organized by functional tasks and/or shift within a department.

7.2 Termination of Seniority

An employee's seniority shall be terminated and his rights under this Agreement forfeited for any one of the following reasons:

a. Discharge, quit, retirement, or resignation.

b. Failure to give notice of intent to return to work after recall within the time period specified in Section 8.4(b) of this Agreement, or failure to return to work on the date specified for recall, as set forth in the written notice of recall.

c. Unless prohibited by law, time lapse of twelve (12) months, or for a period equal to the employee's seniority (whichever is less), since the last day of actual work for the Company, regardless of reason, except layoff.

d. Failure to return to work upon expiration of a leave of absence or its extension.

e. Unless prohibited by law, layoff for a period of twelve (12) months or for a period equal to the employee's seniority, whichever is less.

f. If the employee is absent for two (2) working days without properly notifying the Company, unless a reason satisfactory to the Company is provided.

g. If the employee has failed to provide the Company with the employee's current telephone number and address, hindering the Company's ability to contact the employee.

7.3 Seniority List

The Company shall provide the Union with a current seniority list every

February 15th. In addition, on this same date, in each department, the Company will post a departmental roster of employees, in plant seniority order.

7.4 Employees Hired for Crush at Livingston or Fresno

to 7.2(c) or (e) above, if rehired within one year of the layoff, such an employee will have service time he obtained prior to the layoff credited to his continuous service.

7.5 Transfer Within Plant

It is understood that the transfer of an employee within the plant shall not affect such employee’s basic seniority rights as an employee of the Company.

7.6 Departmental Seniority for Maintenance Departments

For the Maintenance Departments only, the date that a Maintenance employee entered the department shall be used for the purpose of vacation scheduling, overtime, and shift preference application.

8.1 Determination of Layoffs

The Company will determine the timing of layoffs, the number of employees to be laid off, and in which department pool(s) layoffs will be effected.

8.2 Layoffs

In the event of a layoff in a department pool, where employees’ skills and ability are equal, seniority will be the determining factor.

8.3 Bumping Only During Layoffs

An employee laid off pursuant to Section 8.2 of this Agreement may bump the employee with the least seniority in a department pool in the same level or in a lower paid level provided that: (1) the bumping employee has more seniority than the employee he will bump, (2) at some point in the past, he successfully completed the training period for the job classification in that department pool, and (3) he can perform the functions of an employee in such department pool with a brief refresher training period provided that, if the employee is eligible to bump into more than one (1) department pool, the Company shall determine the department pool into which the employee will be permitted to bump, so long as the straight-time rate of pay for such department pool is not less than the straight-time rate of pay for another department pool into which the employee is eligible to bump.

into the next highest department pool for which the employee has the requisite skills and performance.

8.4 Recall

a. Order of Recall

If the Company determines to fill a vacancy in a department pool from which employees are laid off, such employees shall be recalled in the reverse order of layoff.

b. Notice of Recall

The Company will forward notice of recall by certified mail to the last known address of the employee reflected on Company records. The employee must, within two (2) calendar days from the date of delivery or the last attempted date of delivery of the notice, whichever is earlier, notify the Company of his intent to return to work on the date specified for recall and thereafter, return to work on such date.

9.1 Posting and Bidding

With the exception of seasonal jobs, temporary jobs, Level 1 jobs, and Level 5 and above jobs at the Modesto facilities, and Level 1, Level 2, and Level 5 and above jobs at the Fresno and Livingston facilities (all of which the Company may fill in accordance with its judgment), if the Company determines to fill a job vacancy within the bargaining unit, the Company will post a notice of the vacancy or job opening on employee bulletin boards for three (3) workdays. Such a notice of the vacancy will be posted plantwide. Subject to the provisions of Section 9.3, any qualified employee may submit a bid for the job, in writing, during the posting period. The Company shall not be required to post a notice of vacancy or job opening for a particular job more than once every ninety (90) calendar days. Any bid submitted within a posting period shall remain valid for ninety (90) calendar days.

9.2 Selection

job, the Company may fill the job from any source. It is understood that the determination of who is awarded Level 5, and above jobs is not subject to the grievance and arbitration procedure.

9.3 Restrictions on Bidding

a. An employee who is awarded a job for which he bid must accept it. If immediately prior to being awarded a posted job, the employee's designated job classification was in a lower paid Level than the posted job, the employee may not bid for another job for a period of twelve (12) months after being awarded the job. If immediately prior to being awarded a posted job, the employee's designated job classification was in the same Level (i.e., a lateral bid) or a higher paid Level than the posted job (i.e., a downward bid), the employee may not bid for another job for a period of twelve (12) months after being awarded the job. Employees will be allowed to bid for a lateral or a downward position once, every five (5) years, during their employment with the Company.

9.31 After an employee has successfully completed the training period and qualified for a Level 2 bid, he may step-down a total of one (1) time from that position to a Level 1 position, contingent on the following conditions:

a. There must be a Level 1 position available.

b. The employee has been qualified in the position for a period of twelve (12) months.

c. The Employee must remain in the position until his replacement has completed training and become qualified.

d. The employee is not eligible to sign for any other bid for a period of no less than twelve (12) months.

e. This will qualify as one of the employee’s downward or lateral job bids.

9.4 Disqualification of Bidder.

a. An employee may not bid for a vacant position if the employee has received a written reprimand within six (6) months of the date the bid is posted or if the employee received a disciplinary suspension within twelve (12) months of the date the bid is posted.

b. An employee who is unable to perform the job to which he bid within the training period shall be returned to the job classification that the employee held at the time of submitting the bid.

c. If during the training period an employee steps down from a position awarded to the employee by bid or the Company disqualifies the employee, the employee may not bid again for this particular job for 24 months from the date of the step-down or disqualification.

10.1 Except for employees who hold Level 5 jobs at G-3 Enterprises, Closure Division and Levels 8 and 9 at any facility, the Company agrees to give employees within a department pool their preference on shifts when vacancies on preferred shifts occur. Shift preference applications shall be filed in writing on forms provided by the Company. The shift preference application will remain active until changed by the employee. Qualified employees with active shift preference applications will be transferred in order of seniority to fill vacancies on shifts of their choice within their department pool subject to the following conditions:

a. The Company agrees that seniority shall prevail in the assignment of employees to shifts. However, it is recognized that it is impossible to properly operate with all of the senior employees on one shift. The parties agree, therefore, that seniority alone cannot be the sole determining factor in the assignment of employees to shifts. In such a case, the Company will determine whether to act upon the shift preference.

b. No employee may have a shift preference application acted upon more than once each six (6) months unless the employee within that period is displaced from the employee's preferred shift through a layoff. In such an event, the six (6) month requirement shall be waived and the employee may submit a new shift preference application.

c. On occasion it may be necessary for the Company to assign newly hired or transferred employees to preferred shifts for orientation and familiarization purposes when such requirements exist. In such instances, the Company retains the right to determine the time required (not to exceed 45 workdays unless extended by mutual agreement) to retain the employee. Permanent shift assignments may be made after the newly hired or transferred employee's probationary or training period is complete.

d. After entering a department pool as a result of a job bid, an employee must wait for a period of twelve (12) months after date of qualifying in the new position to have a new shift preference acted upon.

upon.

f. Employees exercising shift preferences will not be permitted to change shifts during the workweek for the purpose of obtaining overtime.

11.1 The regular workweek shall consist of forty (40) hours of work within the workweek and shall consist of five (5) consecutive days beginning on Monday (on Tuesday for Sanitation).

11.2 Except as already provided for in this section, no change in the regular workweek shall take place without consultation and bargaining with the Union. Implementation of other workweeks are subject to the ―Letter of Agreement about When a Workweek, Other than the Normal, 5-Day, Monday through Friday Workweek Can Be Implemented,‖ In any event, such a change will comply with applicable California law.

11.3 For purposes of determining an employee’s pay, the workweek shall consist of seven (7) days beginning at a certain time on the first day of the workweek, and ending 168 continuous hours after that start time. A workday is a consecutive twenty-four (24) hour period beginning at the same time each calendar day. A workday can begin at any time of the day.

11.4 Any time worked in excess of forty (40) straight-time hours in any employee’s regular workweek is defined as overtime.

11.5 Nothing in this section shall be construed as a guarantee of hours of work per day or per week or for any other period of time.

11.6 Eight (8) hours shall constitute a regular workday in any twenty-four (24) hour period, except for meal periods. Different groups of employees may have different schedules from the regular workweek or regular workday (e.g., Special Services department pool).

11.7 There shall be one thirty (30) minute unpaid meal period or one twenty (20) minute paid meal period, as determined by the Company, and two (2) fifteen (15) minute rest periods during the course of a workday. After ten (10) hours of work in a workday, additional unpaid meal periods and rest periods will be in accordance with applicable law.

(10) hours in a workday. If any member wishes to revoke this agreement and take their second lunch, they have the right to give notice of their desire to their Team Leader.

11.8 The parties agree that the ―equivalent‖ rule set forth in the California Labor Code shall not apply to the Livingston and Fresno facilities referred to in Section I of this Agreement and employees who work at those sites may work more than seven (7) consecutive days without the necessity of accumulating days of rest to receive the equivalent of one (1) day of rest in seven (7) in each calendar month.

11. 9 All work on the second shift (Swing) by an employee assigned to that shift shall be paid at the rate of thirty cents (30¢) per hour above the rate of the job performed, and all work performed on the third shift (Graveyard) by an employee assigned to that shift, shall be paid for at the rate of forty cents (40¢) per hour above the rate of the job performed. The term second shift (Swing) shall mean any shift terminating between the hours of 6:01 p.m. and 3:01 a.m. The term third shift (Graveyard) shall mean any shift terminating between 3:01 a.m. and 12:01 p.m.

12.1 It is agreed that a maintenance trainee program may be established at each plant with the understanding that as to those Employers that do not have either the need for such a program or qualified applicants, said Employer shall have the option of hiring skilled mechanics from outside sources.

13.1 Employees are expected to regularly report for work and report for work on time each scheduled workday. In situations where an employee is absent from work or late to work, the disciplinary procedure will be followed.

13.2 Attendance Guidelines

The Company and the Union encourage employees to report for work on time each day scheduled. In situations where an employee is absent from work procedures shall be used to educate and encourage the employee to maintain an acceptable attendance record. If necessary, documented counseling's and corrective actions shall be used.

13.3 An incident of absenteeism includes but is not limited to any non-protected absence of one scheduled work day, one (1) tardy greater than or equal to

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31 minutes of any shift, two (2) tardies less than or equal to 30 minutes of any shift, two (2) incidents of leaving after completing two (2) hours of work due to non-industrial illness or injury when an employee determines that the he must go home. In the event a Company representative unilaterally makes a determination to send the employee home due to non-industrial illness or injury, such an occurrence will not be considered an incident of absenteeism.

In every instance of an employee’s failure to work as scheduled, whether protected or not, he must provide a truthful reason for such failure.

13.4 For any employee who has accrued seniority as of January 1 of any year, his first nine (9) incidents of absenteeism of that calendar year, excluding any non-reported absences, will not be counted against him for the purpose of receiving any step of discipline as described in paragraph 13.5 below.

For an employee who has not accrued seniority on January 1 of that year; but, who later in the year accrues seniority, the number of incidents of absenteeism that will not count against an employee, excluding any non-reported absences, is obtained by, rounding up to the nearest whole number, the following calculation: [9 × ((the number of full, calendar months that remain in the year immediately following the date he accrues seniority) ÷ 12)]. For example, an employee is hired on April 3. Assume he accrues seniority on July 24. Five full months remain in the year. 9 × (5÷12) = 3.75, which rounds to 4.

13.5 Corrective Steps:

 Documented Employee Counseling– One (1) incident of absenteeism after the use of the nine (9) incidents of absenteeism not counted against an employee.

 First Written Reprimand –One (1) additional incident of absenteeism within one year from the issuance of the documented employee counseling or the first non-reported absence.

 Second Written Reprimand – One (1) additional incident of absenteeism or a non-reported absence within one year from the issuance of the first written reprimand.

 Discharge – Two (2) additional incidents of absenteeism or a non-reported absence within one year from the issuance of the second written reprimand.

 The number of incidents of absenteeism, including tardies, for each level of discipline are not absolute. Consideration shall also be given to length of time between absences; absences that repeatedly occur the day prior to or following a weekend, or vacation, and the frequency of absences and/or tardies.

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13.6 The one-year period specified in Corrective Steps in Paragraph 13.5 above shall be extended by the like number of days of medical leaves totaling more than thirty (30) calendar days, commencing from the date of the most recent corrective step.

14.1 An employee who reports for work at the time scheduled by the Company shall be entitled to a minimum of four (4) hours of work or equivalent pay unless the Company is unable to provide work for reasons beyond its control, such as operations not being able to commence due to threats to employees, or property, public utilities failure or some other act of God. If the Company has three or more hours notice of the event beyond the Company’s control, the Company will use reasonable means to notify employees that work will not commence. If the Company has three or more hours notice of an event beyond its control and fails to try to provide reasonable notice to an employee, the report-in pay provision will apply. In the event the Company has less than three hours notice of the event beyond its control, an employee who reports to work will not receive report-in pay.

14.2 An employee who, while at a location other than the Company's premises or other work location designated by the Company, is notified by the Company to report for work at a time other than the employee's regularly scheduled starting time, shall be entitled to a minimum of one-half of the scheduled hours of work or equivalent pay and shall perform such duties as the Company may assign.

14.3 An employee who has previously completed that day’s work and, after having left the premises, is called in for emergency work, shall be paid a minimum of one-half of the hours of his regular shift 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 one-half of the regular shift.

15.1 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 sub-contract 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 for the production of such items and to arrange for contract and franchise bottling.

16.1 In the event of the permanent termination of an employee due to job abolishment, department shutdown, installation of new machinery, etc., (events that are not work performance, conduct, or loss-of-seniority related) or in the event an employee is offered a position in accordance with Section VIII, Layoff, as a consequence of a situation described above and such employee does not accept the position, such employee may select severance in lieu of the offered position.

Severance pay shall be paid to each such permanently terminated employee in accordance with the following:

a) Where an employee has completed three service years, a service year shall be a year in which an employee shall have worked 1,500 or more straight-time hours, the employee shall receive twenty-four (24) hours of pay, at his straight-time, classified hourly rate, on the date of termination.

b) Where an employee has completed four service years, a service year shall be a year in which an employee shall have worked 1,500 or more straight-time hours, the employee shall receive forty-eight (48) hours of pay, at his straight-time, classified hourly rate, on the date of termination.

c) For each additional service year as defined, the terminated employee shall receive an additional twenty-four (24) hours of pay, at his straight-time, classified hourly rate, on the date of termination to a maximum of four hundred thirty-two (432) hours of pay, at his straight-time, classified hourly rate, for those being terminated with twenty (20) or more service years, as defined, to their credit.

d) The receipt of severance by an employee under this section is conditioned upon: (1) no grievance being filed about the event giving rise to the option to offer severance, (2) no grievance being filed about the employee being terminated, and (3) the employee affected signing a general release.

17.1 The following days shall be observed as holidays:

17.2 For an employee whose regular work schedule is Monday through Friday, Sunday holidays shall be observed on the Monday following and Saturday holidays shall be observed on the preceding Friday.

17.3 For an employee whose regular work schedule is Tuesday through Saturday, any holiday observed on a Monday shall be observed on Tuesday and any holiday that originally occurs on Saturday will be observed on that Saturday.

17.4 For an employee whose regular work schedule is Monday through Friday or Tuesday through Saturday, the above holidays will be paid at the employee’s straight-time, classified hourly rate for eight (8) hours, plus shift differential, if any, provided he (a) works, (b) receives Company-paid leave or Union-paid hours, or (c) appears in court (such appearance must be by a subpoena for a case in which the employee is not a party) for his full, regularly scheduled shifts, both preceding and following the holiday. Provided an employee works, but is tardy 30 minutes or less on his regularly scheduled shift(s) that precede or follow the holiday, holiday pay will still be paid.

17.5 For an employee whose regular work schedule is a ten (10) hour shift Monday through Thursday, any holiday falling during the employee’s regular four (4) day work schedule will be paid at his straight-time, classified hourly rate for ten (10) hours, plus shift differential, if any, provided he (a) works, (b) receives Company-paid leave or Union-paid hours, or (c) appears in court (such appearance must be by subpoena for a case in which the employee is not a party) for his full, regularly scheduled shifts, both preceding and following the holiday. Provided an employee works, but is tardy 30 minutes or less on his regularly scheduled shift(s) that precede or follow the holiday, holiday pay will still be paid.

17.6 For an employee whose regular work schedule is a ten (10) hour shift, Monday through Thursday, such employee will receive eight (8) hours at their straight-time, classified hourly rate for any holiday observed on a Friday.

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17.7 In case of a layoff of an employee with seniority, such an employee must have worked one (1) full, regularly scheduled shift within four (4) work days immediately before the holiday or must have worked one (1) full, regularly scheduled shift within the four (4) workdays immediately following the holiday.

17.8 Any work performed on the above holidays or a substituted day under paragraph 17.2 or 17.3 shall be paid for at the rate of time and one-half (1½) the employee’s applicable rate of pay for the work performed.

18.2 The amount of vacation to which an employee shall be entitled during any calendar year shall be determined by the number of years of continuous service completed by the employee as of January 1, in the year in which vacation is to be taken, in accordance with the following:

18.4 Vacations are not cumulative from year-to-year. If due to unforeseen circumstances, there is an unused carryover balance of vacation, the employee will have until March 31 to take such vacation. If the employee does not schedule this vacation, the unused vacation carryover from the previous year will be paid out at the employee’s current, straight-time, classified hourly rate.

18.5 The Company shall retain the final right to approve, deny, schedule and cancel all vacations. Vacations and their duration will be scheduled at the Company's preference and in accordance with plant seniority ratings. It is understood and agreed that the Company may, at its option, suspend operations entirely or partially in any location in lieu of assigning vacation periods to employees. Final decision shall rest with the Employer provided employees are given thirty (30) days advance notice of vacation commencement dates.

If during the period December 1, through January 31, two (2) or more employees request the same vacation date(s) and the Company determines to approve some but not all such vacation requests for such dates, the request of the senior employee(s) shall be honored. Vacation scheduling requests received after January 31, shall be approved or denied in the order in which they are received by the Team Leader.

18.6 Employees shall be compensated for vacation at their straight-time, classified hourly rate at the time vacation is taken. Employees regularly scheduled for shift work will receive shift differential in calculating vacation pay. In the event employees are on vacation on 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.

18.7 When a paid holiday under the terms of this Agreement occurs during an employee's vacation, the employee shall receive an extra day of vacation or pay-in-lieu thereof, at the option of the Company.

18.8 All eligible employees may request ten (10) days of said vacation be split under the following conditions [twelve (12) days for employees with greater than 25 years of service]:

a) Approval must be obtained from the shift or area Team Leader, and may only be granted at the sole discretion of the Team Leader if production and/or maintenance requirements allow.

b) Payment will be included on the employee’s next regular paycheck.

19.1 An employee required to serve on a jury and who misses work shall be paid the difference between the employee’s straight-time, classified hourly earnings and the amount paid the employee for jury duty, provided:

(a) the employee gives the Employer five (5) working days notice that he must report for jury duty or such notice as the employee has if the court gives the employee shorter notice, and

(b) the employee furnishes proof of such jury duty, and

(c) the hours of jury duty occur during the employee’s regularly scheduled shift or as otherwise provided herein.

If an employee is released by the court before the half way point of his normal shift, or by 12:00 noon, whichever is earlier, the following applies:

If an employee is released by the court at 12:01 p.m., or more than four (4) hours after the starting time of his shift, the following applies:

If an employee is released by the court at or before 10:30 a.m., the following applies:

 the employee shall be required to work within one (1) hour after his release from jury duty, unless the employee received prior approval from his Team Leader for a longer period of time in which to report.

If an employee is released by the court after 10:30 a.m., the following applies:

 the employee shall not be required to work his scheduled shift that day.

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If an employee is released by the court at or before 12:00 noon, the following applies:

If an employee is released by the court at 12:01 p.m. or later, the following applies:

An employee shall not be required to work his scheduled graveyard shift on the day of the first morning of jury duty.

If an employee is released by the court seven (7) hours or more prior to the start of his scheduled shift, the following applies:

If an employee is released by the court less than seven (7) hours prior to the start of his scheduled shift, the following applies:

If an employee works his full shift and on the same day is required to serve on jury duty for four (4) hours or more, the employee, if scheduled, shall be excused from work and paid his straight-time, classified hourly rate of pay for the graveyard shift of the following day.

20.1 An employee who has completed his probationary period is eligible for paid bereavement leave as follows:

b. 3 Days: Mother-in-law, father-in-law, brother, sister, half-brother, half-sister, legal guardian, grandchild, or grandparent of the employee.

c. 1 Day: The day of the funeral; son-in-law, daughter-in-law, brother-in-law, sister-in-law, or secondary biological or step parent of the same gender.

20.2 The following conditions apply:

a. One of the days off must be the day of the funeral.

b. The employee would have been scheduled to work during the period of bereavement leave.

c. Bereavement leave pay will be at the employee's straight-time, classified hourly rate.

d. Days off must be consecutive.

e. Saturdays and Sundays and holidays are not counted as days off, unless the employee was scheduled to work and took the time off as bereavement leave.

f. Bereavement leave taken on Saturdays, Sundays or holidays will be paid at straight-time.

g. Bereavement leave will not be counted against vacation entitlement.

h. An employee who is on an approved leave of absence for care of a member of his family shall receive bereavement leave pay if that family member dies, provided the employee returns to work and would have been scheduled for work during the bereavement leave.

i. Proof of death and relationship is required.

j. All documentation and a ―Bereavement Leave Request‖ form must be presented to Human Resources prior to payment.

k. Items a. and d. above will not be required if the employee saves one or more of his bereavement days for the family member that died in order to attend a future memorial or cremation service.

20.3 If bereavement leave is obtained by misrepresentation, the employee shall be subject to discharge.

21.1 At its discretion, the Company may grant a personal leave of absence to an employee for a period of up to thirty (30) calendar days.

21.2 An employee may request an extension to his approved leave, provided that such request is made at least five (5) working days in advance of the ending date of the initial leave. The Company, at its discretion, may grant an extension and such extension shall not exceed thirty (30) calendar days.

21.3 Upon return from any personal leave of absence, the employee may be assigned to the position that he should have, according to his seniority, if such position is available.

21.4 If any leave or leave extension is found to have been obtained by misrepresentation, the employee shall be subject to discharge. The acceptance of other employment during any leave or extension is also grounds for discharge.

21.5 After absence from work, for any reason, for sixty (60) or more calendar days, the Company will require the returning employee to submit to a physical examination and/or a drug/alcohol test.

21.6 The Company will continue medical and dental coverage for an employee who is on an approved personal leave or extension, provided that the employee submits his monthly premium payment for such benefits to the Company.

21.7 For Family Medical Leave Act or California Family Rights Leave Act leaves, the Company will continue medical and dental coverage for a period of up to six (6) months from an employee’s last day worked provided that (1) the employee has been employed for at least one year, (2) the employee worked a total of 1250 or more hours in the twelve (12) month period immediately preceding the start of the leave, and (3) he submits his share of the monthly premium payment for such benefits to the Company.

22.1 The Employer agrees to allow one (1) hour per week with pay to authorized shop stewards to conduct Union business. The parties understand and agree that in order for shop stewards to conduct Union business on work time, the

a. Step 1 An employee or the Union, no later than five (5) workdays from the date of an event giving rise to the grievance or five (5) workdays from the date the grievant should have reasonably learned of the event giving rise to the grievance, whichever is later, must discuss the grievance with the immediate Team Leader. The immediate Team Leader shall orally respond to the employee no later than two (2) workdays thereafter.

b. Step 2 If the grievance is not settled at Step 1, the Steward or Business Representative, no later than five (5) workdays after completion of Step 1, or no later than seven (7) workdays after the grievant should reasonably have learned of the event giving rise to the grievance, whichever is later, must submit a written grievance to the immediate Team Leader or Human Resources Representative on a grievance form. All grievances presented at Step 2 of the procedure shall set forth the facts giving rise to the grievance, the specific provision(s) of the Agreement, if any, alleged to have been violated, the names of the aggrieved employee(s), or class of employees and the remedy sought. The immediate Team Leader or Human Resources Representative shall give his written answer to the grievance within five (5) workdays after receipt of the grievance.

c. Step 3 If the grievance is not settled at Step 2, the Union Steward and/or Business Representative, no later than five (5) workdays after receipt of the Team Leader’s written answer at Step 2, may file a written response to that answer to the Department/Plant manager. All responses at Step 3 of the procedure must be signed by the Union Steward and/or the Business Representative.

Not later than five (5) workdays after receipt of the written response, the Department/Plant manager, or his designee, shall meet with the employee and the Steward and/or Business representative. The Department/Plant manager, or his designee, shall give his written 26

25.4 If the Company fails to answer within the time limits set forth in this Section of the Agreement, the grievance shall automatically proceed to the next step of the grievance procedure. 27

26.4 The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the interpretation and/or application of the express provision(s) of this Agreement at issue between the Union and the 28

In the event any employee is discharged, such employee shall receive full pay due the employee, including prorated vacation earned as set forth in Section XVIII, less any monies due the Union on check-off. 30

 All work in excess of eight (8) hours in a workday up to and including the twelfth hour shall be paid at one and one-half (1½) times the rate of the job being performed.

 Double the rate for the job being performed shall be paid for all work in excess of twelve (12) hours in a workday or for any work in excess of eight (8) hours on the seventh consecutive day of work in the workweek.

 All work in excess of ten (10) hours in a workday up to and including the twelfth hour shall be paid at one and one-half (1½) times the rate of the job being performed.

 Double the rate for the job being performed shall be paid for all work in excess of twelve (12) hours in a workday.

29.8 Preference for Sunday night start-up work in a department pool, for reporting times of 7:30 p.m., or later, shall first be given to Graveyard employees in that department pool in accordance with the employees’ plant seniority, provided they have the skills and ability to perform such work. 32

At the time a specimen is collected, the employee shall be given a copy of the specimen collection procedures. Specimens will be tested by the collection site. If the collection site deems a test result negative, no further action regarding that specimen will be taken. If the collection site deems a test result positive (for the breathalyzer, this is a result of greater than or equal to .05 percent), the specimen for the laboratory must be immediately 34