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Contract Agreement Between
UFCW – Wine, Distillery and Allied Workers Local 186D
and Sebastiani Vineyards
April 1, 2010 - March 31, 2013
AGREEMENT
PARTIES TO CONTRACT
This Agreement, made and entered into by and between SEBASTIANI VINEYARDS, INC., at 389 Fourth Street East, Sonoma, California, hereinafter referred to as the “Company” and/or “Employer”, and UFCW - WINE, DISTILLERY, AND ALLIED WORKERS, LOCAL 186D, hereinafter referred to as the “Union”, is for the exclusive joint use and benefit of the contracting parties as defined and set forth herein.
WITNESSETH
It is the intent and purpose of the parties that this agreement shall promote, advance and improve the industrial and economic relationship between the employer and its employees, and set forth their agreement regarding rates of pay, hours of work and the conditions of employment to be observed by and between the employer and its employees, and to provide machinery for the settlement and adjustment of disputes that may arise during the term of this agreement, concerning the meaning and application hereof.
It is agreed that all employees shall make an honest and conscientious effort to eliminate waste and increase efficiency and production. Elimination of waste, among other things, specifically means reducing breakage and spoilage, care of equipment, minimum amount of time wasted and careful and economical use of materials. It also includes, among other things, cooperative effort toward finding easier, better and faster ways in performing operations and the ready acceptance of higher production and maintenance standards due to the improvements or methods.
The employer and the union agree that this document embodies all agreements that exist between them and that any term, condition or matter effecting employer-employee relations not specifically relinquished or released in this contract, is hereby reserved and exclusively vested in the employer. Nothing in this agreement shall be construed as constituting an acknowledgment by the employer that any work, operation of any equipment or machinery, or use of any tool is or may become the exclusive right of any employee or classification of employees represented by the union.
It is also specifically agreed that the failure of this agreement to make specific provision for or reference to any matter or proper subject of bargaining shall not require further negotiation during the life of this contract unless mutually agreed to by the union and the employer.
SECTION I - UNION RECOGNITION
Paragraph 1. The Employer does hereby recognize the Union as the sole labor organization representing the Employer’s employees and recognizes and agrees to treat and negotiate with the Union as the sole and exclusive bargaining agency for and on behalf of such employees in the plant of the Employer.
Paragraph 2. The term “employees” as used in this Agreement shall not include Office Employees, Chemists, Laboratory Technicians, Watchmen, Superintendents, Wine Makers, Champagne Makers, and members of other bona fide recognized collective bargaining units as covered by collective bargaining agreements with the Employer. SECTION II - BARGAINING UNIT WORK
Paragraph 3. Supervisors and management personnel shall not perform bargaining unit work except in the following instances: bona fide emergencies, safety, training and instructing unit personnel, research or pilot plant operations, when short-term production demands necessitate it, and in conformity with the amount of bargaining unit work performed pursuant to past practice. It is not the intent of this Section to allow the Company to displace bargaining unit employees with supervisors, managers, or other company personnel.
Paragraph 4. The positions of Working Foreman and Subforeman are those of responsibility and are subject to the bidding procedure. Whether or not a department, building or work area should have a Foreman or Subforeman shall be at the discretion of the Employer.
SECTION III - UNION SECURITY
Paragraph 5. As a condition of employment each employee shall be required to become and remain a member of the Union in good standing immediately following the successful completion of the probationary period.
Paragraph 6. All employees subject to the terms and provisions of this Agreement shall be required to pay the initiation fee, periodic dues and reinstatement fees established by the Union as a condition of good standing membership in the Union.
Paragraph 7. 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 in Paragraph 19 or who fails to pay the required initiation fees and periodic dues as prescribed by the Union shall be immediately discharged upon written notice from the Union to the Employer.
Paragraph 8. Upon completion of the probationary period, the Employer agrees to notify the Union, in writing, on the Monthly Dues Report, the employee’s name, address, age, sex, telephone number and social security number.
Paragraph 9. The Employer agrees to allow one (1) hour per week with pay to authorized shop stewards to conduct Union business. Stewards must first obtain permission from their supervisor to conduct such Union business.
Paragraph 10. A duly authorized Union representative shall have access to production areas on the company premise upon proper notification to the Employers’ Human Resources Department. The Union representative must give the Employer one (1) business day’s notice of request for access. While on the employers property the Union Representative may not wander around production areas unaccompanied by an employee familiar with the safety rules of that area nor without appropriate safety equipment and attire. The Union Representative may not interrupt the employee during their work.
Paragraph 11. Bulletin Board. The company shall provide a bulletin board upon which notice concerning official Union business may be posted.
Paragraph 12. The Union will hold the Company 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 actions taken or not taken by the Company for the purpose of complying with any of the provisions of the initiation fees, reinstatement fees, regularly authorized assessments, monthly dues check-off, and Union security.
SECTION IV - CHECKOFF - INITIATION FEES
DUES AND ASSESSMENTS
Paragraph 13. The Company agrees to deduct from the payrolls all initiation fees, periodic dues, reinstatement fees, and assessments as required by the Union, upon presentation of individual authorizations as required by law, signed by the Employees directing the Company to make such deductions. The Company shall make such deductions from the Employee’s pay once in each month and remit same via electronic funds transfer (EFT) to the Union not later that the tenth day of the following month. The Union shall provide Company instructions for EFT no later than the ratification of this agreement. The Union shall report any issue regarding such transfer or payment amount within 90 days of payment due date.
Paragraph 14. The Union will furnish the forms to be used for the authorization. The Company will furnish the Union with a duplicate copy of all signed authorizations.
Paragraph 15. Sick leave payments will not be the subject of monthly dues deduction. However, the Company will indicate on the list all layoffs, leaves of absence and terminations.
Paragraph 16. Vacation pay is subject to a monthly dues deduction.
SECTION V - DISCRIMINATION AND COERCION
Paragraph 17. The company and the Union agree not to discriminate as prescribed by federal law or state law. Additionally, it is mutually agreed that there shall be no restraint, coercion, or interference by the Union, or the Employer, or Union member, against members of the bargaining unit in the exercise of their legal rights in a lawful manner.
SECTION VI - MANAGEMENT RIGHTS
Paragraph 18. 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. It is the exclusive right of the employer to determine production capacity (which is defined as machinery, production space, adequate supervision, and sufficient numbers of qualified personnel to accomplish any given task), to determine, and from time to time redetermine, job descriptions, job duties, and responsibilities; to conduct periodic performance evaluations and to determine, and from time to time redetermine, assignment of maintenance for equipment and facilities. The employer has the authority to determine and direct the policies, modes, and methods of operating the business; to determine the methods, materials, and processes to be employed; to discontinue or automate processes of operations; to determine production schedules; to determine the number and type of equipment, machinery, materials, products and supplies to be used, operated, manufactured, processed, sold or distributed; to hire, promote, demote, transfer, assign, lay off and recall employees to work; to direct, select and determine the number of employees, including the number assigned to any particular work; to increase or decrease the number of employees; to discharge or otherwise discipline employees; to determine and/or redetermine the assignment of work; to determine the location and type of operation; to determine the methods, procedures, materials and operations to be utilized and/or to discontinue their use by employees, by the employer and/or subcontract processes, procedures or operations as necessary; to enforce the employer’s work rules and regulations governing the conduct and act of its employees during work hours; to require duties other than those normally assigned to be performed; to discontinue or reorganize or combine any department of the operations; to introduce new and improved methods of facilities regardless of whether or not such introduction may cause a reduction in the work force; to combine and/or abolish job classifications; to determine reasonable performance standards and job responsibilities of its employees and in all respects execute and administer the standard and customary functions of management, except as specifically altered or modified by the express terms of this Agreement.
SECTION VII - PROBATIONARY PERIOD
Paragraph 19. All newly hired employees shall be deemed on probation for the first sixty (60) actual days worked. If such a probationary employee is laid off and later recalled by the Employer within twelve (12) months of the last day of work, such employee shall receive credit for actual days of work towards completion of their probationary period. It is agreed that this probationary period for new hires may be extended in individual cases upon the mutual agreement of the Company and the Union.
Paragraph 20. No new employee shall be qualified or eligible to receive any benefits of this Agreement, such as, pension, vacation, leaves of absence, jury duty pay, holiday pay, etc., until they have completed the probationary period. The employee then will be eligible for all benefits except health and welfare benefits under the contract beginning the first (1st) of the month following the employee’s date of seniority. The employee will be eligible for health and welfare benefits the first of the following month after beginning employment unless the position is a temporary position. In addition, during their probationary period employees may be terminated or laid off for any reason and said action shall not be subject to the grievance and arbitration procedure contained herein.
SECTION VIII - MAINTENANCE TRAINEE PROGRAM
Paragraph 21. It is agreed that a Maintenance Trainee Program may be established by the Employer, after bargaining with the Union, with the understanding that the Employer shall at all times have the option of hiring skilled mechanics from outside sources. The current Maintenance Trainee Program shall be attached as Appendix B.
SECTION IX - HOURS OF WORK
Paragraph 22. Forty (40) hours shall constitute a week’s work, Monday through Friday, to be worked in five (5) consecutive days; Saturday is considered day six (6) of the workweek and Sunday is considered day seven (7) of the workweek. Eight (8) consecutive hours shall constitute a day’s work in any twenty-four (24) hour 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, unless the work in excess of eight (8) hours is a result of a shift change which is effective for the rest of the work week. The regular overtime rate shall be one and one-half (1-1/2) times the employee’s hourly rate of pay. The Company will be required to post the regularly scheduled lunch hour at the beginning of each workweek.
Paragraph 23. All work performed on Saturday or Sunday will be paid at the rate of time and one-half (1-1/2) the employee’s hourly rate of pay provided the employee has worked forty (40) straight time hours in that work week. For the purpose of this paragraph, paid vacation, holidays, jury duty and funeral leave will be considered time worked for weekend overtime.
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 week.
Paragraph 24. Preference to overtime 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 overtime work within the same department then preference shall be given to the employees with the greatest plant seniority within that department on that shift provided they have the ability and experience with the Employer on such work.
Paragraph 25. Preference to overtime work on a Saturday, Sunday, or holiday shall first be given to employees working in the department scheduling overtime in accordance with employee’s seniority, provided in the Employer’s judgement, the employee is qualified to do the work available.
Paragraph 26. Any statutory requirements regulating hours or conditions of work shall be observed by the Employer and the Union as if part of this Agreement. Overtime work for all employees shall be on a voluntary basis with the right of refusal by seniority subject to the provision of the Shift Preference Section herein, i.e. Section XIII, provided, however, that where an insufficient number of volunteers, junior seniority qualified employees may be assigned to said work and shall work overtime so assigned.
(a) The parties agree that the “equivalent” rule set forth in the third sentence of Section 554 of the California Labor Code, shall not apply to employers and employees covered by this collective bargaining Agreement, and employees subject to this Agreement may work more than seven (7) consecutive days without the necessity of accumulating days of rest to receive the equivalent of one (1) one day of rest in seven (7) in each calendar month.
Paragraph 27. The term Swing Shift shall mean any eight (8) hour shift terminating between the hours of 6:00 p.m. and 3:00 a.m. The term Graveyard Shift shall mean any eight (8) hour shift terminating between 3:01 a.m. and twelve noon.
SECTION X - WAGE SCHEDULE
Paragraph 28. All employees covered by this Agreement shall be compensated for their services as per wage schedule hereto attached as Appendix A.
Paragraph 29. No employee shall suffer a reduction or diminution in wages presently being paid nor shall the employee’s established conditions of employment be reduced because of the signing of this Agreement, subject to the specific provisions of the settlement of this Agreement.
SECTION XI - REPORTING AND CALL-IN TIME
Paragraph 30. 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 a total shift of eight (8) hours. Past practices will prevail with regard to established meal hours. This paragraph is to be applicable only to the Monday through Friday work week and specifically excludes Saturday and Sunday and overtime assignments.
Paragraph 31. An employee who has previously completed the employee’s 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 32. When an employee is called to work by the Employer on a Saturday or a 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 33.
1) The following situations may occur: (a) Operations cannot commence or continue due to threats to employees or property or when recommended by civil authorities, or (b) Public utilities fail to supply electricity, water or gas or there is a different failure in the utilities or sewer system, or (c) The interruption of work or failure to commence work is caused by an act of God.
2) If any of the above events occur, the Reporting Pay provisions of Paragraphs 30 and 32 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 must use reasonable means to notify the employees that work will not commence, otherwise the provisions of Paragraphs 30 and 32 will apply to employees reporting for work.
3) If any of the above events occur, the Reporting Pay provisions of Paragraphs 30 and 32 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. Persons then returned to work shall not be subject to the above exemptions.
SECTION XII - SENIORITY
Paragraph 34. Employees shall acquire seniority after sixty (60) actual days worked of employment. If this sixty (60) days worked are continuous without any break-in-service, for any reason, the employee’s seniority shall revert to the employee’s original date of hire. If there is a break-in-service, for any reason, then the employee shall acquire seniority upon returning to the active payroll and completing sixty(60) actual days worked within twelve (12) months of the employee’s original date of hire.
Paragraph 35. It is understood that the transfer of any employee within the plant shall not affect such employee’s basic seniority rights as an employee of the Employer. However, during the crush period, or other temporary period of increased workload or production, employees who transfer voluntarily, or who are transferred by the Employer, shall not be allowed to exercise their plant seniority to secure that position or bump another employee, when the crush, or temporary production increase, has ended. In such cases, classification seniority shall prevail.
Paragraph 36. Seniority for the purposes of layoff and recall shall be established on a plant seniority basis within the following departments where applicable: Maintenance, Bottling, Cellars, Warehouse and/or Shipping.
Paragraph 37. It is agreed that seniority shall prevail in the assignment of employees to shifts in accordance with the provisions governing Shift Preference set forth in Section XIII, paragraph 43.
Paragraph 38. Seniority or the acquisition thereof shall be broken for the following reasons:
(a) If the employee quits. (b) If the employee is discharged. (c) If the employee retires. (d) If the employee is absent for two (2) working days without properly notifying the Employer, unless a satisfactory reason therefore is given. (e) If the employee fails to return to work within two (2) working days after being notified to work and does not give a satisfactory reason therefore. (f) If an employee has not been employed during a twelve (12) month period. (g) Failure to advise Employer of current telephone number and address after reasonable attempts by the Employer have been made to contact the employee.
Paragraph 39. The Employer will post a seniority roster showing the seniority standing of each employee as of October 1 of each year. A copy will be mailed to the local Union. Any objections to the seniority roster shall be made in writing by November 1 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 December 1st.
Paragraph 40. In the event of a bona fide hardship or physical disability, an employee shall be privileged to bid down to a lower classification or laterally to a classification with a similar wage rate. In the event the hardship or physical disability no longer exists, the employee shall have the right to again bid upward to the position which the employee has vacated or to another position for which the employee is qualified. Other requests for down bid or lateral transfer, not fulfilling the criteria for bona fide hardship or physical disability, are at the sole discretion of the Employer to allow or deny.
Paragraph 41. In a reduction of work force due to production considerations, seniority employees whose plant seniority and experience with the Employer is insufficient to entitle them to remain in any classification within their department, will be offered the options below, provided they have sufficient plant seniority and in each case conditioned upon their experience with the Employer and ability to perform the work of the classifications and job available. Seniority employees who are laid off from their department may exercise their plant-wide seniority to:
(a) Transfer to any department in which they had previously worked in a classification previously held, or (b) Transfer to a classification in another department at an equal or lower rate held by another employee with less plant seniority in which the senior employee has the ability or experience to perform. (c) To be placed on layoff
Note: Crush classifications are recognized as temporary and a crush classification held will not qualify the employee to bump an employee who has held the same level classification on a year round basis.
Paragraph 42. When a reduction in work force results in employees being laid off for four (4) working days, or less, then the employees will be laid off and recalled to work by their plant seniority in their classification and department.
By mutual agreement between the Employer and the Local Union, this time period can be extended.
SECTION XIII - SHIFT PREFERENCE
Paragraph 43. The Employer agrees to give employees within a department and classification their preference on shifts. Shift Preference Applications shall be filed in writing on forms provided by the Employer and will remain active during the calendar year in which filed. Qualified employees with an active Shift Preference Application form will be transferred in order of their plant seniority to the shift of their choice to fill vacancies within their department and classification, subject to the conditions specified herein:
(a) The Employer agrees that plant seniority shall prevail in the assignment of employees to shifts. However, it is recognized that it is impossible to operate the Employer’s facilities with all of the senior employees on one shift. The parties agree, therefore, that plant seniority alone cannot be the sole determining factor in the assignment of employees to shifts. In this regard, nothing in this Agreement shall be interpreted to prohibit the Employer from posting Shift Specific Bids which would bind employees who successfully bid into such positions for a period of one (1) year.
(b) An employee can change their shift preference at any time during the year by submitting a shift preference change form to the department supervisor. A shift preference change will become effective on the first day of the quarter following submission of the shift preference change, that is, on January 1, April 1, July 1, or October 1. If, however, an employee has been displaced from their preferred shift due to a reduction in force, that employee may submit a new shift preference at that time.
(c) Occasionally it will be necessary for the Employer to assign newly hired or transferred employees to preferred shifts for familiarization and orientation purposes, when such requirements exist. In such instances, the Employer retains the right to determine the time required (not to exceed thirty (30) consecutive working days unless extended by mutual agreement) due to the variations in job requirements and in the entry qualification levels of incumbent employees. Permanent shift assignments will be made immediately after the familiarization and orientation is completed. Employees who have been temporarily assigned from their preferred shift to another shift shall be given the opportunity to return to their preferred shift as early as practicable, but in no event later than the beginning of the succeeding work week and, in any event, before a new employee or less senior transferred employee is permanently assigned to that shift.
(d) The Shift Preference Application will be acted upon by the supervisor on the basis of the employee’s plant seniority date, rather than date of said application, unless it is determined that a hardship situation or school attendance program deserves priority over length of service.
(e) Employees in the exercise of their shift preference will not be allowed to change shifts during the work week for the purpose of obtaining overtime.
(f) It is understood that work schedules and employee assignments are set at the beginning of the week to be effective for the full week. In the event that there is an unscheduled absence that the employer judges is necessary to fill, the employer may exercise the following options:
(1) Assign any employee from that shift who, in the employer’s judgement, is qualified to fill the position. (2) Call a qualified employee from layoff. (3) Transfer a qualified employee from another shift.
SECTION XIV - JOB POSTING
Paragraph 44. When a vacancy occurs in any classification covered by this Agreement, the Employer will post on the bulletin board the job classification bid for at least three (3) working days before permanently filling the job. The Company shall not be required to post a notice of vacancy or job opening for a particular job more than once every sixty (60) calendar days. Any bid submitted within a posting period shall remain valid for sixty (60) calendar days.
Paragraph 45. Employees who would like to be considered for the opening must sign the posted bid sheet within the three (3) day period outlined above. Employees shall also have the right to bid down and laterally for the purposes of achieving an upward line of progression in another occupation. Employees exercising said right shall not be entitled to bid back to their former position or to bid downward or laterally a second time during a twelve (12) month period following the first bid downward or laterally. This time limit shall not apply in case of a bona fide hardship or physical disability.
Paragraph 46. An employee shall have the right at any time within three (3) calendar weeks prior to commencing the employee’s vacation to submit a written request that the employee’s name and qualifications be considered for any vacancy or new assignment which may arise during the employee’s vacation in classifications set forth in the written request.
Paragraph 47. Employees who indicate an interest in vacancies posted pursuant to this Section shall be chosen based on consideration of the following factors: seniority, fitness, and ability. If, in the Employer’s judgement, the employees’ fitness and ability are relatively equal, then seniority shall govern. Such judgement shall not be exercised in an arbitrary or unreasonable manner. Under this Agreement, the terms “fitness” and “ability” shall include, but not be limited to, a consideration of an employee’s past work performance, attendance, tardiness record, experience, relative frequency and seriousness of production errors and the results of written, mechanical or other tests administered by the Employer. It is the intent of the parties that the criteria utilized in the selection of successful job bidders be as objective as possible in relation to the job being posted.
Paragraph 48. The Employer shall notify the Union of its decision in connection with any bid within three (3) days. In the event no objection or grievance is filed by the Union within seven (7) days from the date of such notification, the matter shall be considered closed. A copy of all job bid awards and promotions will be sent to the Union office.
Paragraph 49. Where practical, the Employer will endeavor to cross-train employees subject to the efficient and economical operation of the winery.
Paragraph 50. The Employer has a right to hire skilled employees from outside sources provided there are no qualified bargaining unit employees already on the Employer’s payroll.
Paragraph 51. Under this section the term “vacancy” shall not include situations in which the employee who usually performs that function is temporarily absent due to illness or injury, vacation, leave of absence or other reason. Where practical, such positions may also be posted by the Company utilizing the procedure outlined above. It is also agreed during the seasonal crush period the Company may, at its discretion, limit or eliminate downward or lateral bidding.
Paragraph 52. Due to production demands or manpower requirements, it may become necessary for the Employer to temporarily assign or transfer employees to new assignments or open positions. Such transfers or assignments shall not exceed thirty (30) consecutive working days unless extended by mutual agreement. After thirty (30) consecutive working days, such a position shall be posted for bid except as exempted under paragraph 51. It is understood that temporary crush bids exceed 30 consecutive working days. At the end of crush, which is defined as thirty (30) calendar days after the last grapes are pressed, any remaining cellar work will be bid as regular job bids.
Paragraph 53. Due to the requirement for supervisory skills, leadership skills, and the ability to work independently and with a minimum of supervision, and the responsibility of the positions, the selection of persons to fill the positions of: Working Foreman, Maintenance Technician, and Subforeman, will be at the sole discretion of the Employer.
SECTION XV - RATE PROTECTION
Paragraph 54. Employees with a date of seniority after 4/30/88 will not be eligible to receive the following rate protection benefit. 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 continues to work under a classification of employment carrying a lower or higher 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. If an employee works eight (8) hours or more in a classification which qualifies for rate protection, i.e., employees who have worked or work at a higher-rated job for 1,040 or more hours in any consecutive twenty-four (24) month period, they will receive the higher rate of pay for the rest of the work week thereafter. If a rate protection qualified employee works seven and one-half (7-1/2) hours or more in a higher rated job in a single day, the eight (8) hours requirement shall be deemed satisfied.
Employees with a date of seniority after 4/30/88 will be paid at the prevailing rate for the job/classification that the employee is performing, per the wage schedule in Appendix A. If an employee works two hours, or more, in a workday, in a higher rated job/classification, and that employee holds that classification, and has passed probation in that classification, then that employee will receive the higher rate of pay for that full work day, including any overtime work.
SECTION XVI - OUTSIDE CONTRACTING
Paragraph 55. Any ordinary maintenance, production and repair work which employees in the bargaining unit normally perform shall not be contracted out to be performed by outside contractors except upon prior negotiation with the Union. The parties have agreed that the Employer is not required to notify, or negotiate, with the Union if, pursuant to past practice, the Employer has contracted out such work, or similar work, in the past.
SECTION XVII - SEVERANCE PAY
Paragraph 56. In the event of:
(1) A permanent plant shutdown, or a permanent department shutdown, resulting in the permanent termination of an employee, or (2) The installation of new machinery or equipment, or the removal of existing and operating machinery or equipment which results in the employee’s permanent layoff, the employee may elect to:
(a) Stay on the recall list. If the employee is not recalled to work in twelve (12) months, their employment is terminated per the provision outlined in Paragraph 38(f). The employee is not eligible for severance pay. (b) Collect severance pay per the schedule listed below.
Years of Days of Years of Days of Service Severance Service Severance Pay Pay
1 3 9 38 2 5 10 43 3 8 11 48 4 13 12 53 5 18 13 58 6 23 14 63 7 28 15 68 8 33
Paragraph 57. A service year for the purpose of calculating severance shall be a year in which the employee worked 1,200 or more straight time hours. Year(s) will be counted back each twelve (12) consecutive months from the date of notice of permanent layoff.
Paragraph 58. To qualify for the severance outlined above, an employee must be laid off due to reasons stated in #1 and/or #2 in Paragraph 56 above, and must receive notice of such layoff from the Employer. Layoffs, of any length, due to production variations not associated with #1 or #2 outlined in Paragraph 56 above do not qualify for the severance election. The Employer will give the employee thirty (30) calendar days notice of their permanent layoff. Once a permanent layoff notice is received by the employee, the employee will have thirty (30) calendar days to elect either to stay on the recall list, or to accept severance. An employee who has elected severance is permanently laid off, and their employment with the Employer thereby terminated. Such employee has no recall or rehire rights.
SECTION XVIII - HOLIDAYS
Paragraph 59. Observed Holidays. The following holidays shall be observed under this Agreement: New Year’s Eve Day, New Year’s Day, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving, last business day before Christmas, Christmas Day and one floating holiday to be designated by the Employer in the Christmas Holiday Season. Specifically, the floating holiday will be designated sometime between December 15 and December 30. Sunday holidays shall be observed on the Monday following and Saturday holidays shall be observed on the preceding Friday. These substituted days shall be the respective holidays and all incidents of holiday pay shall apply thereto.
Paragraph 60. Pay Rate and Day Before/After. The above holidays shall be paid for at regular rates of eight (8) hours, plus shift differential, if any applies. To be eligible to receive holiday pay an employee must work the employee’s full regularly scheduled shift preceding and following the holiday. This provision is intended to discourage employees from calling in sick to extend a holiday. It is not intended to be unduly punitive by impacting multiple holidays. Therefore, in the event of multiple consecutive holidays, an employee will only lose one paid holiday for not having worked the day before or after a holiday.
For the purposes of holiday pay, employees on approved PTO, funeral leave, jury duty or vacation will be considered as having worked. In the event that an employee is unable to work the employee’s full regularly scheduled shift preceding and following the holiday because the employee is ill, the supervisor may, at his/her sole discretion, grant the employee the holiday pay.
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 time limits and reporting conditions as set forth in Section 24, Paragraphs 90, 91, 92 and 93 shall apply and that the employee furnishes proof of said mandatory appearance.
Paragraph 61. Work Performed on a Holiday. All work performed on the above holidays shall be paid for at the rate of double (2) time in addition to holiday pay at the employee’s regular rate of pay. 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) time the employee’s regular hourly rate of pay.
The parties agree that to the extent the contract provides for premium pay (three (3) times the scheduled rate) for hours worked on a holiday, such premium pay is not applicable to hours worked where the employee: (i) has been relieved from work for substantially all the holiday; and (ii) will receive non premium holiday pay. By way of example and without limiting the foregoing; if a holiday occurs on a Wednesday and the employee is scheduled to work the graveyard shift, commencing at 10:00 p.m. on Wednesday, the employee would receive non premium holiday pay and his regular straight time hourly rate for the hours worked between 10:00 p.m. and Midnight on such holiday. The employee would not receive triple time for the two hours worked on the holiday.
Early call-in, i.e. the employee being called to work earlier than scheduled, and overtime work that crosses over into an observed holiday would be paid at holiday rate.
Paragraph 62. Layoff. In 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 63. Leave Of Absence. Employees on leave of absence are not eligible for holiday pay. However, there is a block of holidays referred to herein as ‘Christmas/New Year’s Holidays’. These holidays are: last business day before Christmas, Christmas Day, 1 floating holiday designated by the employer between December 15 and 30th, New Year’s Eve Day, New Year’s Day. If an employee is on a leave of absence during this time, and the leave is specifically authorized under FMLA or CFRA, and if the employee has worked 1600 or more hours in the 12 months preceding the Christmas/New Year’s Holidays, then the employee will be paid for these Christmas/New Year’s Holidays. The employee will be credited with the appropriate holiday hours. The payment of the holiday hours will be coordinated with any State Disability Insurance (SDI), Workers Compensation Temporary Disability, or any other supplemental payment that is being received by the employee, so that the employee receives up to, but no more than, 100% of their net take home earnings.
SECTION XIX - VACATIONS
Sebastiani Vineyards provides vacation to allow regular, full-time employees time for rest, relaxation and the pursuit of personal interests. Sebastiani Vineyards believes that it is in the interest of both the employee and the company for the employee to make full use of the vacation benefit and take regular annual vacations.
Paragraph 64. Eligibility. Employees with seniority are eligible to earn paid vacation. Employees begin to accrue vacation on the first of the month after their date of seniority and earn vacation credit monthly thereafter. Employees are eligible to utilize their vacation in the month after it is earned.
Paragraph 65. Earning Vacation Credit. Employees earn vacation credit for each actively employed month. An employee must work a minimum of 80 hours in a month to earn vacation for that month. Vacation, holiday, funeral leave, and jury duty are considered time worked for the purpose of calculating vacation accrual. All other paid but not worked time, including but not limited to PPL, any pay while on lay off or leave of absence, etc., will not be considered time worked for the purpose of determining vacation accrual.
No employee shall lose vacation credits for loss of time caused by an “on-the-job” injury or accident for a period not to exceed twelve (12) months from date of accident.
Paragraph 66. Vacation Schedule. Eligible employees earn vacation based upon the following schedule:
The employee’s Date of Seniority will be their anniversary date for determining their level of vacation accrual. Each new level of vacation accrual, i.e., 10 to 15 days, is earned at the completion of the year indicated in the length of service column. . For the purposes of vacation accrual, a minimum of 960 hours worked in a 12-month period from Date of Seniority to Date of Seniority constitutes a year of service. Example: an employee begins earning vacation at the rate of 15 days per year at the beginning of their 6th year of employment.
Note: no employee’s current anniversary accrual date will be changed as a result of this contract change.
Paragraph 67. Accrual Ceiling. Maximum vacation accrual is two times the employee's annual vacation eligibility. Vacation will cease to be earned and accrued when unused vacation reaches maximum accrual. Earning and accrual will begin again when vacation is used, dropping the total accrual below the accrual maximum.
Paragraph 68. Pay Basis. The vacation pay basis will be the employee's regular wage rate plus shift differential, if any applies.
Paragraph 69. Scheduling/Reporting.
A. Vacation 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 decisions shall rest with the Employer. The Employer shall not cancel, postpone or reschedule a prescheduled vacation within twenty-one days of such a vacation’s start date unless the affected employee agrees to such a cancellation, postponement, or rescheduling.
B. 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. Senior employees shall have preference so far as practicable.
C. 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 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 2 weeks of his/her vacation during a plant shutdown.
Paragraph 70. Holiday. If an observed Company holiday falls within the employee's schedule vacation, an additional day of vacation will be granted in accordance with the Scheduling/Reporting provisions outlined above.
Paragraph 71. Leave of Absence. An employee may elect to use vacation time during a leave of absence (LOA). If State Disability Insurance (SDI), Workers Compensation Temporary Disability, or any other supplemental payment is being received by the employee, then any vacation pay will be coordinated with that supplemental payment so that the employee receives up to, but no more than, 100% of their net take home earnings. Vacation pay while on leave of absence will not be considered time worked for any purpose (i.e., earning vacation, PPL, benefits qualification, etc.).
Paragraph 72. PPL. Vacation pay may not be used for PPL absences.
Paragraph 73. Pay-in-Lieu of Time Off. An employee may not receive pay in lieu of time off.
Paragraph 74. Vacation Pay While on Layoff.
Employment Status While on Layoff. If an employee, due to their seniority and classification(s), is placed on layoff, the employee will be considered to be on layoff for all purposes of administering the contract.
If an employee is on vacation before a layoff begins, they will be considered to be on vacation for the duration of their original request for vacation for the purposes of administering the contract. Upon their vacation ending, they will either be returned to work or go on layoff dependent upon scheduling needs. Note: If an employee's vacation does not begin before the layoff, the employee will be considered on layoff for purposes of administering the contract regardless of when the employee may have made a request for vacation.
Vacation Pay While on Layoff. An employee may request vacation pay while on layoff. The employee will be paid any accrued vacation for time on layoff on a weekly basis. An employee can decline vacation pay while on layoff.
Restrictions. Payment of "all accrued vacation" is paid only in the event of a separation of employment and will not be paid in a situation of vacation pay while on layoff or any other situation. (Note: An employee could exhaust all of their accrued vacation by receiving vacation pay while on layoff on a weekly basis per the above provisions. However, a lump sump of all accrued vacation will not be paid except in the event of separation of employment.)
Vacation pay while on layoff will not be considered time worked for any purpose (i.e. earning vacation, PPL, benefits qualification, etc.).
Paragraph 75. Separation of Employment. Upon separation of employment, an employee will be paid all earned, but unused vacation.
SECTION XX - HEALTH AND WELFARE
MEDICAL, DENTAL AND VISION
Paragraph 76. All employees covered by this Agreement shall have health and welfare benefits as set forth in this section. Benefit coverages are effective the first of the month following date of hire.
A. MEDICAL, DEATH BENEFIT AND ACCIDENTAL DEATH BENEFIT
1. Eligible employees will receive coverage as provided by the California Universal Plan. Benefits and work requirements for eligibility are defined in the California Universal Plan Schedule of Benefits.
2. Effective April 1, 2010, the Employer will make a premium payment of $600.86 per eligible or covered employee who is actively at work and who has worked at least forty (40) straight time hours, in the previous month, to the UFCW National Health and Welfare Fund, to cover medical, death and accidental death benefits as outlined in the California Universal Plan Schedule of Benefits. The cost of this premium payment will be shared by the Employer and the employee.
For the purpose of this benefit coverage, paid vacation and paid holidays shall be considered time worked, except, that vacation and holiday pay while on leave of absence or layoff will not be considered time worked for the purpose of this benefits coverage.
3. The monthly premium cost is shared by the Employer and each active and eligible or covered employee as follows:
Premium per month: $600.86 Employer contribution: $440.31 Employee contribution: $160.55
The employee contribution is taken by payroll deduction from the employee’s paycheck.
4. In the event of a premium increase/decrease on the anniversary of the plan years, on April 1, 2011 and 2012, such increase/decrease will be shared by the Employer and eligible employees 50/50. If such percentage increase exceeds 20% the employee portion will be capped at 10% (50% share of a 20% increase). In the event that the premium increase, at any time, exceeds 10% of the prior year’s premium for such benefits, the Employer shall have the right to offer alternate coverage under either the Employer’s current benefit plans offered to non union employees, or any alternative plans the Employer may so elect. Such alternative coverage may be provided through any insurance carrier, regardless of whether such benefits are delivered through an HMO, a PPO or any other medical delivery device. The decision to accept alternate coverage offered by the Employer shall be determined by a simple majority vote of those employees who are in good standing with the Union. The voting will be by secret ballot at a place mutually agreed upon by the Company and the Union and under the supervision of an official of the Company and an official of the Union. The Union may not refuse or challenge the Employer’s decision to offer alternate insurance benefits provided however that the Employer will agree to meet with the Union over a period of 30 calendar days which shall commence 30 calendar days after the union receives notice from the Employer that the Employer is considering securing alternative coverages. The purpose of meeting with the Union will be to discuss the new plans with the Union and to allow the Union to provide information and input into the selection of such new plans and provide information to employees prior to a vote. However, nothing herein, nor in any related Trust Document, shall in any way limit the Employer’s right to offer alternate coverage through any carrier, and such offer shall be at the sole discretion of the Employer. To the extent that this language conflicts with any existing or future language contained in any Trust document regulating the Union’s health and welfare benefits, the language of this contract shall prevail for all purposes.
In the event that a change in health and welfare benefits providers is affirmed by the employees’ vote, the affected benefits will include medical, retiree medical, dental and life insurance. In the event the increase threshold is met for any one of the plans, medical (10%) and/or retiree medical (15%), and/or dental (8%), and the covered employees have elected to change providers, the Employer shall have the right to change all benefit plans. By way of example, a 10.5% increase in medical premiums in any one year and an affirmative vote by the employees would trigger the Employer’s right to change not only the medical/life insurance provider, but the retiree, and dental plan providers as well, regardless of the premium increase for that same year in such plans.
5. The Employer will continue to pay the Employer’s contribution toward the premium for the benefits covered under paragraph 76, A.1, for an employee who is unable to work as a result of a compensable industrial injury or illness for a period not to exceed three (3) months for any one (1) injury or illness. The employee must continue to pay the employee contribution during this time. An employee’s failure to pay contributions required by this section, and elsewhere in the contract, may jeopardize the employee’s eligibility for continued benefits under this paragraph. The requirements in this paragraph shall otherwise be administered in accordance with the requirements of the Federal Family Medical Leave Act and the California Family Rights Act.
6. The Employer will continue to pay the Employer’s contributions toward the premium for the benefits covered under paragraph 76, A.1., for an employee who has more than one (1) year of seniority with the employer, and who is unable to work as a result of a disability, for a period not to exceed three (3) months for any one (1) disability. The employee must continue to pay the employee contribution required under this paragraph, and elsewhere in this contract. An employee’s failure to pay contributions required by this section, and elsewhere in the contract, may jeopardize the employee’s eligibility for continued benefits under this paragraph. To qualify for such continuing coverage, the employee’s disability leave of absence must be approved by the Employer and supported by a current medical evidence from a qualified medical provider. The requirements in this paragraph shall otherwise be administered in accordance with the requirements of the Federal Family Medical Leave Act and the California Family Rights Act.
7. RETIREE MEDICAL
7-a(1) Current Retirees. Employees who retired prior to April 1, 1992 and who fulfilled the eligibility requirements for retiree medical coverage are eligible for retiree medical coverage. Such coverage shall be for the retired employee and their spouse, and shall be subject to the deductibles found under Parts A and B of Medicare. In addition, such coverage shall exclude both the Death Benefit and Accidental Death Benefit.
7-a(2) The Employer shall pay the full premium required for such retiree medial coverage to the UFCW National Health and Welfare Fund. In the event that the premium increase, at any time, exceeds 15% of the prior year’s premium for such benefits, the Employer shall have the absolute and unqualified right to secure alternate coverage under either the Employer’s current benefit plans offered to non union employees, or any alternative plans the Employer may so elect. Such alternative coverage may be provided through any insurance carrier, regardless of whether such benefits are delivered through an HMO, a PPO or any other medical delivery device. The Union may not refuse or challenge the Employer’s decision to change such insurance benefits provided however that the Employer will agree to meet with the Union over a period of 30 calendar days which shall commence 30 calendar days after the union receives notice from the Employer that the Employer is considering securing alternative coverage’s. The purpose of meeting with the Union will be to discuss the new plans with the Union and to allow the Union to provide information and input into the selection of such new plans. However, nothing herein, nor in any related Trust Document, shall in any way limit the Employer’s right to elect alternate coverage through any carrier, and such election shall be at the sole discretion of the Employer. To the extent that this language conflicts with any existing or future language contained in any Trust document regulating the Union’s health and welfare benefits, the language of this contract shall prevail for all purposes.
In the event that there is a change in health and welfare benefits providers, the affected benefits will include medical, retiree medical, dental and life insurance. In the event the increase threshold is met for any one of the plans, medical (10%) and/or retiree medical (15%), and/or dental (8%), the Employer shall have the right to change all benefit plans. By way of example, a 15.5% increase in any retiree medical premiums (retirees under age 65, and/or retirees over age 65) in any one year would trigger the Employer’s right to change not only the retiree medical insurance provider, but the medical/life provider for active employees, and dental plan providers as well, regardless of the premium increase for that same year in such plans.
7-b(1) Prospective Retirees. Present employees who hereinafter retire must meet the following requirements to be eligible for retiree medical coverage:
a. The employee date of seniority (DOS) must predate April 30, 1988. b. The employee must be at least sixty-two (62) years of age at retirement. c. The employee must retire from active employment. d. The employee must have at least fifteen (15) years of service with the Employer (a service year is defined as any year (12 months) from the employee’s DOS in which the employee has worked 1,200 straight time hours).
7-b(2) Present employees who hereinafter retire and meet all eligibility requirements for retiree medical coverage shall only be entitled to the medical coverage offered to active employees. Such coverage shall be for the retired employee and their spouse, and shall be subject to the deductibles found under Parts A and B of Medicare. In addition, such coverage shall exclude both the Death Benefit and the Accidental Death Benefit.
7-b(3) Present employees who retire under Paragraph 7-b(1), will be required to pay a contribution toward their retiree medical coverage directly to the Employer, to maintain their retiree medical coverage in effect. Effective April 1, 2010 the total monthly premium for retiree medical coverage is:
Retiree pre-65 $1,278.92 Retiree - Medicare eligible $ 726.12
Effective April 1, 2010 the monthly contribution for retired employees eligible for retiree medical coverage is:
Retiree pre-65 $513.55 Retiree - Medicare eligible $280.89
Future increase/decrease in the above total monthly premium will be shared by the employer and the eligible retired employee 50/50.
7-b(4) Failure to make the required contribution payment to the Employer by the date such premium is due will result in the retiree coverage being terminated for both the retiree, and spouse where applicable.
7-b(5) Any and all representations concerning the provision of retiree medical coverage to employees who are eligible under 7-b(1) shall only be in effect for the term of this collective bargaining Agreement, and any written extensions thereof.
7-b(6) In the event that the premium increase, at any time, exceeds 15% of the prior year’s premium for such benefits, the Employer shall have the absolute and unqualified right to secure alternate coverage under either the Employer’s current benefit plans offered to non union employees, or any alternative plans the Employer may so elect. Such alternative coverage may be provided through any insurance carrier, regardless of whether such benefits are delivered through an HMO, a PPO or any other medical delivery device. The Union may not refuse or challenge the Employer’s decision to change such insurance benefits provided however that the Employer will agree to meet with the Union over a period of 30 calendar days which shall commence 30 calendar days after the union receives notice from the Employer that the Employer is considering securing alternative coverages. The purpose of meeting with the Union will be to discuss the new plans with the Union and to allow the Union to provide information and input into the selection of such new plans. However, nothing herein, nor in any related Trust Document, shall in any way limit the Employer’s right to elect alternate coverage through any carrier, and such election shall be at the sole discretion of the Employer. To the extent that this language conflicts with any existing or future language contained in any Trust document regulating the Union’s health and welfare benefits, the language of this contract shall prevail for all purposes. In addition, the Employer may modify, amend, reduce or terminate retiree coverage for those retirees who retired under Paragraph 7-b(1) in the event the Employer obtains medical coverage from a different health care carrier.
In the event that there is a change in health and welfare benefits providers the affected benefits will include medical, retiree medical, dental and life insurance. In the event the increase threshold is met for any one of the plans, medical (10%) and/or retiree medical (15%), and/or dental (8%), the Employer shall have the right to change all benefit plans. By way of example, a 15.5% increase in any retiree medical premiums (retirees under age 65, and/or retirees over age 65) in any one year would trigger the Employer’s right to change not only the retiree medical insurance provider, but the medical/life provider for active employees, and dental plan providers as well, regardless of the premium increase for that same year in such plans.
7-b(7) Employees with date of seniority later than April 30, 1988 shall not be entitled to any retiree medical coverage whatsoever in this Agreement.
B. DENTAL BENEFITS
1. Effective January 1, 2010, the Employer shall make a premium contribution of $68.11 per month to Delta Dental Plan for each eligible or covered employee who is actively at work and who has worked at least forty (40) straight time hours in the previous month to maintain in effect the current plan of coverage.
For the purpose of this benefit coverage, paid vacation and paid holidays shall be considered time worked, except that vacation and holiday pay while on leave of absence or layoff will not be considered time worked for the purpose of this benefits coverage.
2. In the event that the premium increase, at any time, exceeds 8% of the prior year’s premium for such benefits, the Employer shall have the right to secure alternate coverage under either the Employer’s current benefit plans offered to non union employees, or any alternative plans the Employer may so elect. Such alternative coverage may be provided through any insurance carrier. The decision to accept alternate coverage offered by the Employer shall be determined by a simple majority vote of those employees who are in good standing with the Union. The voting will be by secret ballot at a place mutually agreed upon by the Company and the Union and under the supervision of an official of the Company and an official of the Union. The Union may not refuse or challenge the Employer’s decision to change such insurance benefits provided however that the Employer will agree to meet with the Union over a period of 30 calendar days which shall commence 30 calendar days after the union receives notice from the Employer that the Employer is considering securing alternative coverage’s. The purpose of meeting with the Union will be to discuss the new plans with the Union and to allow the Union to provide information and input into the selection of such new plans. However, nothing herein, nor in any related Trust Document, shall in any way limit the Employer’s right to elect alternate coverage through any carrier, and such election shall be at the sole discretion of the Employer. To the extent that this language conflicts with any existing or future language contained in any Trust document regulating the Union’s health and welfare benefits, the language of this contract shall prevail for all purposes.
In the event that there is a change in health and welfare benefits providers, the affected benefits will include medical, retiree medical, dental and life insurance. In the event the increase threshold is met for any one of the plans, medical (10%) and/or retiree medical (15%), and/or dental (8%), the Employer shall have the right to change all benefit plans. By way of example, an 8.5% increase in dental premiums in any one year would trigger the Employer’s right to change not only the dental insurance provider, but the medical/life, and retiree plan providers as well, regardless of the premium increase for that same year in such plans.
3. The Employer will continue to pay the premium for dental coverage for an employee who is unable to work as a result of a compensable industrial injury or illness for a period not to exceed three (3) months for any one (1) injury or illness. The employee must continue to pay the employee medical contribution during this time. An employee’s failure to pay contributions required by this section, and elsewhere in the contract, may jeopardize the employee’s eligibility for continued benefits under this paragraph. The requirements in this paragraph shall otherwise be administered in accordance with the requirements of the Federal Family Medical Leave Act and the California Family Rights Act.
4. The Employer will continue to pay the premium for dental coverage for an employee who has more than one (1) year of seniority with the employer, and who is unable to work as a result of a disability, for a period not to exceed three (3) months for any one (1) disability. The employee must continue to pay the employee medical contribution required under this paragraph, and elsewhere in this contract. An employee’s failure to pay contributions required by this section, and elsewhere in the contract, may jeopardize the employee’s eligibility for continued benefits under this paragraph. To qualify for such continuing coverage, the employee’s disability leave of absence must be approved by the Employer and supported by current medical evidence from a qualified medical provider. The requirements in this paragraph shall otherwise be administered in accordance with the requirements of the Federal Family Medical Leave Act and the California Family Rights Act.
401(k) PLAN
Paragraph 77. The Employer shall make available to bargaining unit employees The Sebastiani Vineyards Inc. Tax Sheltered Retirement Savings/401(k) Plan 7069-1-1 (the “Plan”). Sebastiani shall be responsible for modifying the summary description of the Plan, and any and all related Plan documents to provide for bargaining unit employee participation. Effective with ratification of this Agreement, all bargaining unit employees shall be eligible to participate in the Plan, including the matching benefits portion of the Plan, under the same terms and conditions as all other Sebastiani employees, in accordance with the terms of the Plan as it currently exists or may subsequently be modified during the life the Agreement. The Plan matches 100% of the first 5% of the employee contribution. To the extent that there is any conflict between the language of the contract, and the requirements of the 401(k) Plan, the express language of the Plan document shall control.
Eligible employees shall promptly be notified of their right to enroll in the Plan.
The Employer will provide annualized statements to all eligible participants summarizing the status of such participants’ 401(k) account during the previous 12 months.
SECTION XXI - WORKERS’ COMPENSATION
Paragraph 78. If an employee has over forty (40) hours of Paid Personal Leave (PPL) accrued, that employee may utilize any PPL hours in excess of forty (40), in coordination with temporary disability payments to maintain up to 85% of their normal weekly net take home earnings, after a waiting period of seven (7) work days.
Paragraph 79. In the event any employee is injured while at work and is required to leave work, the employee shall be paid his or her full wages for the day of injury, provided the employee requires medical attention as a result of the injury, and upon the advise of the attending physician, is unable to return to work.
When it is necessary for post-medical treatment due to occupational injury or illness, the Employer will in the circumstances outlined below, compensate the employee for loss of work time not to exceed two (2) hours for treatment.
Qualifying circumstances:
1. It is unavoidable, and the employee must schedule two (2) treatments or a doctor’s appointment regarding the occupational injury or illness and a treatment in the same day and both appointments fall within working hours.
2. If the treatment appointment must be made with an out of the valley provider, and the appointment cannot be made outside of working hours.
3. If the doctor’s appointment or appointment for treatment is made by the Employer.
SECTION XXII - PAID PERSONAL LEAVE
Paragraph 80. Credited PPL Hours. Each regular employee will be credited with up to 48 hours of Paid Personal Leave (PPL) each year. The employee will begin to accrue PPL hours after their date of seniority. Each employee will be credited with 4 hours of PPL in each month that the employee works 80 hours. Vacation, holiday, funeral leave and jury duty are considered time worked for the purpose of receiving PPL credits.
Paragraph 81.
Maximum PPL Hours and PPL Buyout. An employee may
accrue up to a maximum of three hundred (300) PPL hours. Once an
employee has earned up to this accrual ceiling, there will be no
further crediting or earning of PPL until the accrual falls below
this maximum accrual. There will be no buyouts or pay-in-lieu-of PPL
hours. Accrued PPL hours are not paid to the employee at separation of employment.
Paragraph 82. Usage of PPL. PPL usage will be allowed for the following reasons:
A. Employee sickness or injury An employee may use accrued PPL for their own sick or injury (non-industrial) time off. Absences exceeding 5 days, and any absence requiring hospitalization, may require a doctor’s note to return to work. A supervisor may request a doctor’s note when there is reason to suspect abuse of PPL.
B. Medical and dental appointments Maximum PPL allowed for an appointment is four (4) hours.
C. Employee’s child or immediate family member illness or injury An employee may use accrued PPL time to attend to a sick or injured child or immediate family member. Employee attendance to assist or care for the child or immediate family member is required. For the purposes of this PPL usage, immediate family member is defined as parent, spouse, or child.
D. Other FMLA and/or CFRA Leave of Absence (LOA) PPL may be used by the employee for any FMLA or CFRA certified LOA. These LOA’s are administered consistent with the provisions of applicable state and federal law.
If State Disability Insurance (SDI), Worker’s Compensation Temporary Disability, or any other supplemental payment is being received by the employee, then any PPL pay will be coordinated with that supplemental payment so that the employee receives up to, but no more than, 100% of their net take home earnings.
Evidence may be required for all PPL. PPL pay may be denied for late reporting. PPL absences are counted as incidents under the Company’s absenteeism and tardiness policy unless they are specifically excused under the absentee policy.
SECTION XXIV - JURY DUTY
Paragraph 83. 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, and (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 84. 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) hour 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 noon (12:00 p.m.), the employee shall not be required to work his/her scheduled shift on that day.
Paragraph 85. If a second shift employee is required to appear for jury duty, the employee shall be excused from work the day(s) he/she is/are required to report for such jury duty.
Paragraph 86. 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. If a 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.
SECTION XXV - FUNERAL LEAVE
Paragraph 87. 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, stepchild, or grandchild, an employee shall be given three (3) business days’ leave 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.
In the event of multiple deaths in the employee’s immediate family as set forth above, six (6) business days’ leave will be afforded.
In the event of the death of an employee’s daughter-in-law, son-in-law, brother-in-law, or sister-in-law, the employee will be paid Funeral Leave on the day of the funeral provided the employee attends the funeral.
Employee’s 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 benefits set forth hereinabove provided that the employee returns to work. If funeral leave is obtained by misrepresentation, it shall subject the employee to immediate discharge.
SECTION XXVI - LEAVES OF ABSENCE
Paragraph 88. 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.
Paragraph 95(b). Unpaid Personal Time Off (PTO) in excess of five (5) days will be considered a Personal Leave of Absence (PLOA) and must be requested as a leave of absence at least two weeks in advance.
Paragraph 89. 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 90. When a leave of absence or extension is granted, the Union shall be notified thereof.
Paragraph 91. The employee must notify the Employer or the Employer’s designated representative the available date of return to work at least three (3) days prior to the termination of the leave of absence.
SECTION XXVII - MILITARY DUTY AND RE-EMPLOYMENT RIGHTS
Paragraph 92. The employer shall comply with the existing federal and state laws with respect to military duty and reemployment rights. In the event of a national emergency declared by the President of the United States and/or Congress during the term of this agreement, the employer will allow employees, called to active military duty, to supplement their military pay up to their monthly pay with the Employer, through use of any accrued PPL, provided that: 1. the employee has attained seniority 2. the employee’s monthly gross military pay does not exceed monthly pay with the Employer (calculated based on the employee’s straight time gross hourly wage multiplied by 173.33, per month) and 3. proof of military earning is required The military duty supplement is based upon gross wages and is effective as soon as the employee meets the above three requirements and notifies the employer of their desire to use their PPL for this purpose.
SECTION XXVIII – CONDUCT OF EMPLOYEES
Paragraph 93. The Employer has the absolute right to suspend or discharge for the following:
Intoxication on Company property during working hours; possession or use of illegal drugs on Company property; sleeping on the job; gross insubordination (willful refusal to follow a management directive); willfully falsifying any Company record; willful damage; gross negligence; theft; falsifying application for employment; punching another’s time card; defacing, erasing or changing the record on any time card; serious safety violations which could result in injury or accident; dishonesty (willful misrepresentation); consuming alcoholic beverages on the premises; unauthorized strike action; possession of a firearm on company premises; threatening another employee with physical harm and/or causing physical injury to any employee.
Paragraph 94. In addition, the Employer may also discipline or discharge for other reasons as long as such reasons constitute just cause. Prior to any proposed discharge, where feasible and practicable the Company shall notify the steward and/or Union officer to be present when formal charges are made against an employee.
Paragraph 95. The Employer and the Union both recognize the importance of a drug free environment and therefore, the Union agrees that the Employer may require drug testing of employees if in the Employer’s judgment a reasonable basis exists for suspecting that the employee is impaired in any way or has engaged in the use of unauthorized or illegal drugs while on the job or Company property. Failure to pass such test, or refusal to submit to such testing shall subject an employee to immediate termination.
Paragraph 96. 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 two (2) business days. Written and telephone notice of such suspension will be furnished to the local Union office. If, after such two (2) days the matter cannot be satisfactorily settled, the employee may be considered discharged.
Paragraph 97. Warnings and suspensions shall be null and void for disciplinary purposes after a period of twelve (12) months from date of issuance provided no further warning has been issued. If an employee works less than six (6) months in their anniversary year, a written warning will not be used after the lapse of two hundred and sixty (260) days worked or two (2) years, whichever is sooner, from the date of issuance for such warning. Ten (10) days worked in a calendar month would constitute one (1) month in determining the number of months worked during an employee’s anniversary year.
Paragraph 98. 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 XIX less any monies due the Union on Check-Off.
Paragraph 99. The Company has the right to initiate, promulgate, revise, amend, post and enforce work rules and rules of conduct. However, before any new rules are posted, the Union will receive a copy of such rules and have five (5) working days to object in writing to the reasonableness of the rules. All such timely objections shall be resolved solely by the grievance procedure contained within this Agreement.
SECTION XXIX - GRIEVANCE AND ARBITRATION
Paragraph 100. For the purpose of this Agreement, the term “grievance” shall mean a dispute which arises after the effective date and prior to the expiration date of this Agreement concerning the meaning and application of the express written provisions of this Agreement.
Paragraph 101. All grievances shall be subject to the following procedure.
Step 1 An aggrieved employee and the Shop Steward, if so requested, shall first attempt to resolve the issue with the immediate supervisor. All such Grievances shall be presented to the Employer within five (5) working days from the date of occurrence. Grievances at this level do not need to be written. Time limits in this section may be extended by mutual consent of the Company and Union.
Step 2 If the matter is not settled in Step 1, the Union shall, within five (5) work days from the receipt of the Company’s response in Step 1, present the grievance to the Company in writing, and an official of the Union and of the Company shall attempt to settle the grievance. If the Company has not responded within ten (10) workdays from the time a grievance is presented in either Step 1 or Step 2, then the Union at its discretion may proceed to the next step.
Step 3 A. Should the grievance not be resolved in Step 2, the aggrieved employee has ten (10) work days from the time they received an answer in Step 2, to request in writing to Human Resources that the grievance be heard by the Joint Standing Committee. If there is no individual grievant and the issue is one of contract-wide application, the Union may advance the grievance to the Joint Standing Committee.
B. When requested, the Joint Standing Committee (JSC) will be convened as soon as feasible so as not to delay the resolution of the issue at hand.
The JSC will be composed of two (2) representatives of the Company, selected by the Company, and two (2) Sebastiani Vineyards employees, selected by the Union. The following guidelines should be followed in committee selection.
1. Supervisors or Managers directly involved in the incident should not act as committee members to hear that grievance.
2. Shop stewards directly involved in assisting the employee in the filing and/or pursuance of the grievance should not act as committee members to hear the grievance.
3. When feasible, the same committee members should serve on the committee as representatives to provide some consistency to JSC hearings. However, as a matter of practice, committee members should serve no more than six (6) consecutive JSC hearings.
C. The Company will have an employee present the grievance to the committee. The Union will have a Union representative or Sebastiani Vineyards employee present the grievance to the committee. Neither the Company, nor the Union representative will be a member of the committee, nor will either be an attorney.
D. Both the Company and the Union will be able to make opening statements regarding the grievance to the Committee. After opening statements, each party may call and question witnesses. Witnesses, after being questioned by the calling party, may be asked questions by the other party after which they may be asked questions by either party or the committee members. After all witnesses have been called and the evidence submitted, each party will be allowed to make closing statements. After closing statements are concluded, the committee will meet and confer in private.
The committee will then make a recommendation to the Company and the Union regarding the resolution of the grievance. A majority recommendation is binding on both the Company and the Union. However, a unanimous decision is required to make a recommendation binding for a termination grievance. Recommendations of a deadlocked committee will be considered by the Company and the Union in an attempt to resolve the grievance. If the grievance is unable to be resolved at this stage, the matter may, within twenty (20) days of the JSC recommendation, be referred to arbitration by the Union.
Paragraph 102. At any stage of the grievance procedure, either party may move the unresolved dispute to arbitration as a matter of expediency in those incidents where time is of the essence.
Paragraph 103. Since it is important that a grievance be processed quickly the parties agree that time shall be of the essence. Any grievance shall be considered settled if not appealed to the next step or to arbitration within the time limits set forth herein. Time limits may be extended by mutual agreement of the parties.
Paragraph 104. In the event the grievance is not settled under the Grievance Procedure, the Union may, within twenty (20) calendar days from date of receipt of a deadlocked decision in Step 3 submit the grievance to arbitration by submitting a request for an arbitration panel to the Federal Mediation and Conciliation Service, with a copy to the Human Resources Department.
A. In the letter to the Federal Mediation and Conciliation Service, the Union shall request the Service to furnish it and the Employer identical lists of person eligible to serve as arbitrators. Failure of the Union to submit such a request for an arbitration shall result in a waiver of the Union’s claim.
B. The parties may mutually designate the arbitrator. If the parties are unable to mutually designate the arbitrator, then the selection shall be by the “strike off” method. The Union and the Employer shall alternate in striking names form the panel until there remains one name.
C. The Arbitrator may consider and decide only the particular grievance presented to him/her in a written stipulation by the Employer and the Union, and his/her decision shall be based solely upon an interpretation of the provisions of this Agreement and the evidence presented at the hearing. The arbitrator shall have authority to interpret wage rates and the application thereof, but shall have no authority to create new wage rates. The arbitrator shall not have the right or authority to amend, take away, modify, add to, or change any of this Agreement. Nor shall the arbitrator impose a limitation, restriction or obligation upon either party that is not expressly contained herein, or substitute his/her discretion for that of the Company or Union.
Paragraph 105. The cost of arbitration shall be borne equally by the parties. Each party shall pay any fees of its own representatives and witnesses for time lost, and the cost of the transcript where there is not mutual agreement to order it.
SECTION XXX - NO STRIKE/NO LOCKOUT
Paragraph 106. There shall be no strike or lockout during the term of this Agreement. It is understood and agreed that, in the event of a dispute between the Company and the Union concerning the interpretation of any provision of this Agreement such dispute shall be submitted to arbitration as contained herein.
SECTION XXXI - TERM OF AGREEMENT
Paragraph 107 This Agreement shall become effective as of April 1, 2010, and shall remain in full force and effect until midnight, March 31, 2013, and from year to year thereafter unless either party gives at least sixty (60) days notice in writing to the other party prior to any annual expiration date of its desire to amend, terminate, or otherwise modify this Agreement.
IN WITNESS WHEREOF, this contract signed and executed this 18th day of June , 2010.
APPENDIX A WAGE SCHEDULE
APPENDIX A Continued *Probationary Period All new hires will have a 60-day probationary period for attaining seniority (Paragraphs 19, 34) and receiving benefits (Paragraph 20). Longer probationary periods on this schedule apply to: (1) internally promoted employees to assess passing the probation and receiving the pay increase and (2) to new hires to assess passing the probation and receiving the pay increase.
Shift Differentials Employees working on a shift other than Day Shift will receive the following shift differential:
Swing Shift: $0.40/hour Grave Shift: $0.65/hour
MAINTENANCE TRAINING PROGRAM (Amended 9/30/99) APPENDIX B
MAINTENANCE TRAINING PROGRAM
PURPOSE: To provide training to selected Sebastiani Vineyards' employees to progress through different training levels to acquire the skills and expertise to become a Maintenance Mechanic.
METHOD: Through a scheduled uniform training program, trainees would progress from entry-level trainee (2B) to second level trainee (2A), to Maintenance Mechanic (2).
DURATION OF TRAINING: Each trainee would be on his own schedule within the framework of the training program. A trainee would be working in the entry level for 1 to 2 years, depending on his own aptitude and the results of training tests, supervisor and foreman reviews; a trainee who has been promoted to the second level would work at this level from 1 to 2 years depending on his aptitude and the results of training tests, supervisor and foreman review, and, upon completion of the training program (2 to 4 years), the trainee should have a full knowledge of the skills necessary to work independently with only job layouts from his foreman or supervisor. Nothing in this program shall prohibit management from discontinuing the maintenance training program itself or the continuation of any particular individual within the program.
IMPLEMENTATION OF TRAINING PROGRAM:
The training consists of 3 parts. 1. On-the-job training. 2. Outside study of specific job skills. 3. Test and review at the completion of each phase.
The Head of the Maintenance Department along with the Maintenance Supervisors and Foreman will be responsible for conducting the on-the-job training necessary to allow the trainee to meet the requirements for advancement.
The Head of the Maintenance Department will oversee any outside training or courses that are necessary to the program.
PROCEDURE: As a new trainee position becomes available, a bid will be posted. However, nothing in the collective bargaining agreement nor this Training Program will prohibit the Employer from hiring skilled maintenance employee’s form outside sources.
Candidates for the training program will be interviewed and chosen based upon the general criteria by which we award all job bids: Ability, seniority, and fitness.
This will include but will not be limited to a consideration of an employee’s past work performance, attendance, tardiness record, experience, overall work record, relative frequency and seriousness of production errors and the results of written, mechanical or other tests administered by the Employer.
APPENDIX B (Continued)
Trainee’s progress will be evaluated by Management based upon on-the-job performance, Supervisors and Foremen’s reports, any test results, and fulfillment of any outside training requirements. The trainees will be reviewed by Management every 6 months.
Failure on the part of the trainee to pass any in-house tests, complete outside training requirements as needed and directed, or if at any time, at the Employer’s sole discretion, the trainee exhibits a skill level aptitude not suitable for further advancement, the trainee may be dismissed from the training program.
Management will be the final authority on the promotion of the trainee through each stage of his training as well as the continuation of any particular trainee in the program or the need to have in effect a Maintenance Training Program of any kind.
PARTIES TO CONTRACT SIDE LETTER During the term of the April 1, 1992 to March 31, 1996 Agreement the Union filed a petition with the National Labor Relations Board seeking recognition of those employees performing work at the Employer’s Sonoma production facility working in the classification known as “gardeners.” Subsequent to the filing of the petition, the parties entered into a voluntary recognition agreement, a copy which is attached hereto as Exhibit 1. The scope of bargaining unit work within the classification of gardeners shall be delineated by the express terms of the voluntary recognition agreement entered into between the parties which is incorporated, by reference into the parties new agreement.
The employees working in the classification of gardener shall participate in plant wide seniority along with all other employees and, all of the terms and conditions of the parties new agreement shall apply to employees working in the gardener classification, except as otherwise expressly provided for herein.
SIDE LETTER NEW GARDENER CLASSIFICATION 1) Classification Add as classification 11 to wage schedule 2) Pay Rate Hire $9.75 Regular rate $10.50 (After 60 working days)
· Current employees in the gardener classification will retain their current rate of pay if that rate is higher than the rates specified above. · The above pay rates will be subject to negotiated increases effective with new contract ratification. 3) Date of Seniority Same as date of hire 4) Layoff/Bumping In the event of a temporary RIF, an employee must have held a gardener classification in order to bump a less senior gardener. Likewise, in order for a gardener to bump a less senior employee in another department (at same or lessor rate of pay) that gardener must have held that classification. This understanding modifies paragraph 41 as it applies to the gardener classification. 5) Job Bids After successful completion of their probationary period a gardener may bid on any posted job bid. Bidding into the General Winery Worker classification will be considered a lateral job bid for the purpose of contract application.
As the employer does not post General Winery Worker job bids the employer will begin to post a “General Winery Worker Hiring Notice”. A gardener who is interested in making a lateral job bid into a General Winery Worker position must apply for such when a hiring notice is posted. As with all job bids the hiring notice will remain posted for 3 days with stated deadlines for job application.
A “Lateral Transfer” to Bottling means: · employee must wait for General Winery Worker Hiring Notice to be posted · selection for jobs are subject to all usual considerations · when a gardener transfers to Bottling they will retain their current rate of pay. After 1 yr (calendar) they will be paid the next highest General Winery Worker rate of pay on the step pay scale, and so on.
ENTERED INTO BETWEEN SEBASTIANI VINEYARDS AND UFCW, WINE, DISTILLERY AND ALLIED WORKERS’ UNION, LOCAL 186D
This Voluntary Recognition Agreement is entered into between Sebastiani Vineyards (“Sebastiani”) and Wine, Distillery and Allied Workers Union, Local No. 186D (the “Union”).
The Union filed an RC Petition with the National Labor Relations Board on or about October 30, 1995, NLRB Case No. 20-RC-17139. Therein the Union sought to represent a unit of employees of Sebastiani identified as “all full-time and regular part-time outside yard maintenance employees, employed by the employer at its Sonoma County facilities.”
Sebastiani objected to the Petition for unit to the extent that it included employees who performed work involving domestic services.
The matter proceeded to a representation case hearing before the National Labor Relations Board, Region 20, on December 1, 1995, at 11:00 a.m. before Kay Hendren, Field Examiner.
The Parties hereto has agreed to resolve their dispute and Sebastiani Vineyards has agreed to voluntarily recognize the Union under the following terms and conditions:
1. Sebastiani Vineyards has agreed to voluntarily recognize the Union as the representative of its yard maintenance employees in the unit defined below (“yard maintenance unit”) effective December 19, 1995.
2. This yard maintenance unit of employees, as defined herein, shall be added to, and become part of, the existing unit of employees presently presented by the Union and working at Sebastiani’s Sonoma facility. “Yard Maintenance” shall be a classification of employee added to the new collective bargaining agreement negotiated between the parties. The wage rates and other terms and conditions of employment for the yard maintenance employees shall be negotiated as part of the new collective bargaining agreement between the parties.
3. As a condition precedent, the Union will verify for Sebastiani signed authorization cards signed by a majority of the employees in the unit described below.
The parties have agreed that the Union shall represent all outside yard maintenance employees performing work at Sebastiani Winery facilities located in Sonoma, California, excluding expressly any and all work performed at any residence where such residence is not owned by Sebastiani Vineyards, including, but not limited to, the residence of Sylvia Sebastiani, located at 249 Fourth Street; Don Sebastiani, located at 175 Fourth Street; and Sam Sebastiani, located at 480 Brazil Street. Attached hereto as Exhibit “1” is a plot of the Sebastiani Winery facilities and other properties owned by Sebastiani Vineyards in Sonoma, California. The Union shall have jurisdiction over all outside yard maintenance employees performing work at any of the facilities marked in orange, but shall have no jurisdiction over such work performed at any other facilities.
The parties have further agreed that, in the event Emiliano Becerra continues to perform services at the residence of Sylvia Sebastiani, he shall still be entitled to certain protections under any collective bargaining agreement negotiated between the employees in connection with this Agreement. In this regard, in the event Mr. Becerra is terminated from performing his job duties at the residence of Sylvia Sebastiani, or any other family member, he shall have the right to return to the yard maintenance unit and bump any less senior employee, and to continue performing work within the unit in accordance with the terms of the Parties’ collective bargaining agreement that has been or shall be negotiated. For the purposes of this Agreement, Mr. Becerra’s length of service shall be measured from his date of hire with Sebastiani, which is 3/29/89.
This sets forth the entire agreement between the Parties with regards to the matters set forth herein. This Agreement may not be modified or altered in any way, except in a writing signed by all parties hereto which expressly indicates the change in the terms or conditions of this Agreement.
SEBASTIANI VINEYARDS
WINERY, DISTILLERY AND ALLIED WORKERS UNION, LOCAL NO 186
SIDE LETTER
TRANSFER OF WORK
The Company and the Union recognize that in the future, it may be necessary to transfer work from the Employer’s Sonoma winery to the Employer’s Woodbridge winery due to the one (1) million case production limit at the Sonoma winery, production demands or to maximize operational efficiencies.
Both the Company and the Union are committed to trying to provide as stable employment as possible at the Sonoma winery. In this regard, the parties will work together to attempt to minimize the effect of such a work transfer on a “core group” of employees at the Sonoma winery. (This “core group” of employees at the Sonoma winery as defined as thirty-eight (38) positions on the seniority roster, however, the classifications actually utilized and the individual employees actually actively employed may vary due to actual market conditions and production demands.) The parties further recognize that this “core group” of thirty-eight (38) is a target number and not a guarantee of a certain number of employees or positions at the Sonoma winery and could be affected by major changes in market conditions or Sebastiani Vineyards’ sales, marketing or production volumes.
However, to effectuate the intent of this letter, the Company will study and/or implement when necessary practical changes to increase efficiency such as upgrading bottling equipment to increase production efficiencies at the Sonoma winery, in an effort to delay the transfer of equipment or work. The Company will also determine if certain “rework” projects are economically feasible at the Sonoma winery, so as to attempt to provide the “core group” of employee’s employment in Sonoma. (It is also understood that the Company’s efforts in these areas are only intended to provide work for the “core group” and are not to be taken as an effort to expand the workforce at the Sonoma facility).
In addition, on their part, the Union and the employees will support bottling line upgrades to gain and increase production efficiencies, and will support efforts to efficiently and timely complete any rework projects assigned to Sonoma by the Company.
SIDE LETTER
PARAGRAPH 1 UNION RECOGNITION
The Company and the Union agree that by replacing the word “plants” with “plant”, that the Union represents only employees at Sebastiani Vineyards’ Sonoma winery. However the parties agree further that should Sebastiani Vineyards have any of its’ Fourth Street East workforce working locally off site, or move any of its’ current work off site to a local facility as it has in the past when its’ warehouse was located and operated from the Eighth Street East warehouse, that these employees shall be covered by this contract. Therefore, this agreement regarding recognizing that the Union represents Sebastiani Vineyards employees at the Sonoma winery, is intended to specifically cover situations like the operating of the Distribution office from Eighth Street Least warehouse, and specifically excludes any other non-local facility such as Woodbridge.
IMPLEMENTATION OF A 4/10 WORK WEEK
If the opinion of the Employer it becomes desirable for the Employer to implement a 4-day, 10-hour per day workweek schedule, it is agreed that such a workweek schedule may be implemented in compliance with the current wage order provisions provided the Employer has consulted with the Union prior to implementing a flexible workweek.
SIDE LETTER
SECTION XXX NO STRIKE/NO LOCKOUT
The parties have agreed that there shall be no economic action taken by the Union as a result of any labor dispute with the Employer during the life of the Agreement. For the purposes of this section, “economic action” shall be defined as sympathy strikes, slowdowns, picketing or any adverse actions initiated, ratified, or participated in, by the Union and its members. It is the intent of the parties that during the life of the contract there shall be no interruptions or interference with the Employer’s normal sales, production or shipping operations at any of the Employer’s locations.
SIDE LETTER SECTION XXVIII CONDUCT OF EMPLOYEES
PARAGRAPH 96 (New 101)
It is understood and agreed by the Union and the Company that the reference to “gross insubordination (for example, willful refusal to follow a management directive)” does not include an employee’s refusal to perform an unsafe act. However, this understanding is not intended to allow an employee to frivolously refuse a management directive based upon an unfounded safety concern or to engage in flagrantly abusive or threatening conduct towards a supervisor. In reviewing an incident that may arise, in the absence of substantial and reasonable grounds for perceiving an act as “unsafe”, the employee can be disciplined for insubordination per the provisions of this paragraph.
SECTION XX HEALTH & WELFARE
FLEXIBLE BENEFITS PROGRAM
The Company and the Union have agreed to offer Flexible Benefits to employees consisting of a Premium Conversion Plan, Medical Reimbursement Plan, and Dependent Care Reimbursement Plan as allowed under IRS Section 105, 125, and 129. It is also agreed that this labor agreement between Sebastiani Vineyards and Local 186 specifically required benefits coverage (medical, dental, vision) and payment of the employee contribution for these benefits as a condition of employment and that with or without this Flexible Benefits Program, no eligible employee may decline these coverages or decline paying their employee contribution.
It is also agreed that this Flexible Benefits Program, may, at the sole discretion of the employer, be modified, amended, or terminated.
SIDE LETTER
SECTION XX HEALTH AND WELFARE
MEDICAL, DEATH BENEFIT AND ACCIDENTAL DEATH BENEFIT
The CA (Universal) Plan is a new plan. It is open to other employers to join and is an attempt by the employers and the Union to control spiraling premium costs. The plan is new and there are ongoing discussions between employers, the Union, and the Social Security Fund regarding administration of the plan and the setting up of an Employers/Union oversight committee to review administration and costs of the plan on an annual basis. If such a committee is set up, Paragraph 73 introducing and Paragraph 73, A., 1-7 will be subject to the committee’s decisions and/or recommendations as allowed by the charter of the committee, provided in the Employer’s judgment the decision/recommendation results in better administration and cost containment.
SIDE LETTER SECTION XX HEALTH AND WELFARE
FLEXIBLE BENEFITS EMPLOYEES DECLINING HEALTH AND WELFARE BENEFITS COVERAGE
FLEXIBLE BENEFITS
The Company and the Union have agreed to offer Flexible Benefits to employees including a Premium Conversion Plan, Medical Reimbursement Plan, and a Dependent Care Reimbursement Plan as allowed under IRS Section 125, provided such will be allowed by the Social Security Fund of the Winery, Distillery and Allied Workers’ International Union. It is also agreed that this Flex Benefits Program may, at the sole discretion of the Employer, be modified, amended or terminated.
EMPLOYEES DECLINING HEALTH AND WELFARE BENEFITS COVERAGE
The Company and the Union have agreed that in the event that employees are allowed to decline Health and Welfare benefits coverage, that the following provisions will apply.
1. Such a request, by an employee, must be submitted in writing by the employee and such a request must be approved by the Employer, Union and/or Social Security Fund UFCW, National Health and Welfare Fund per agreed upon provisions. 2. If an employee elects not to be covered by the CA Universal plan, and such election is approved, the employee will, in so doing, also waive Dental and Vision coverages. Medical, Death, Accidental Death, Dental and Vision benefits are offered as a package and may not be offered individually. 3. An employee who is allowed to decline the Health and Welfare benefits coverage will not be required to make the employee contributions for such, however, the employee will not receive any payments from the Employer for declining such coverage, nor will the Employer be required to submit any premium payments to the Social Security Fund or any other provider of benefits for coverage for such employee. 4. Re-entry into the benefits plans, if allowed, will be governed by provisions agreed to by the Employer, the Union, and the benefits provider.
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