AGREEMENT

Between

Franzia Winery

Ripon, CA.

 

And 

 

UNITED FOOD AND COMMERCIAL WORKERS

INTERNATIONAL UNION & WINE,

DISTILLERY AND ALLIED WORKERS, LOCAL NO. 186D

April 1, 2008 Through March 31 2012 

 

 

AGREEMENT

PARTIES TO CONTRACT

This Agreement entered into the 1st day of April, 2008 by and between the U.F.C.W. WINE, DISTILLERY, AND ALLIED WORKERS, LOCAL NO. 186D, hereinafter referred to as the Union, and FRANZIA WINERY/RIPON, hereinafter referred to as Employer.

W I T N E S S E T H

WHEREAS, pursuant to the intent and purpose of the parties hereto to promote and improve the industrial and economic relations between the Employer, its employees and the Union, and to establish and encourage the practice and procedure of collective bargaining between the parties hereto, it is mutually agreed as follows:

                                                    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 "employee" 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.

Paragraph 3: Except in the case of bona fide emergencies, the training and instruction of collective bargaining unit employees, and research or pilot plant operations, all three in conformity with past practices, persons excluded from the bargaining unit shall not be permitted to perform any work normally performed by the employees in the bargaining unit, and which said employees now perform.  Non-union supervisors may:

(i)                 1.         Occasionally relieve an employee for bathroom use, a drink of water, etc.

(ii)               2.         To assist on a job when an employee is in a difficult or strenuous act.  This should not be construed as assisting to the extent that job is completed measurably sooner or to the extent of assisting when it is obvious another employee is needed to perform the job.

(iii)             3.         Minor items such as occasionally removing a bottle from the line because of a defect, etc.

(iv)             4.         Emergency work in its true definition, where equipment or people are in danger of harm.  This should be held to stopping the equipment if at all possible.

(v)               5.         Demonstration of procedure or method.

(vi)             6.         Training of employees to learn new tasks that they are not familiar with and will be doing in the future.

(vii)           7.         Retraining of employees who, through loss of recent experience, have become unfamiliar with the job duties.  This is not to be construed as permission for supervision to perform infrequently occurring work.

                                                        SECTION II – UNION SECURITY

Paragraph 4: Union membership shall be a condition of employment.  Each employee shall be required to become Union members following seventy five (75) continuous working days of employment.  However, if there is any interruption during the first seventy five (75) working days of employment, then application to the Union for membership shall be made after seventy five (75) days worked from date of hire.

Paragraph 5: 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 6: 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 hereinabove or who fails to pay the required initiation fees, periodic dues and regularly authorized assessments as prescribed by the Union, shall be immediately discharged upon written notice from the Union to the Employer.

Paragraph 7: The Employer agrees to notify the Union in writing within five (5) working days after the hiring of any new employee, giving the employee's name and the classification to be filled by that employee.  The Employer also agrees to furnish to the Union the names of all former employees who are rehired no more than seven (7) days after employment.

Upon completion of the probationary period, the Employer agrees to notify the Union in writing on the monthly Dues Report of the employee's name, address, age, sex, telephone number.

Paragraph 8: The Employer agrees to allow one (1) hour per week with pay to authorized shop stewards to conduct Union business excluding company requested time.  The parties understand and agree that in order for shop stewards to conduct Union business on work time, the steward shall first obtain permission from a salaried supervisor, as shall each employee involved.

When an employee is engaged in Franzia Winery's negotiations the time will be considered toward the ten (10) day qualifier for vacation, the 1,200 hour qualifier for sick leave, and the forty (40) straight-time hour qualifier for health and welfare and dental coverage.

Paragraph 9: A duly authorized Union Representative shall have access to the premises of the Employer upon proper notification to the Employer.

Paragraph 10: Bulletin Board.  The Employer shall provide three secure bulletin boards to be located in Shipping, Cellar and Bottling areas upon which notices concerning official Union business may be posted.  The key to these bulletin boards will be issued to supervisors and shop stewards for access when applicable.

            SECTION III – CHECKOFF – INITIATION, FEES, DUES AND ASSESSMENTS

Paragraph 11: The Employer 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 Employer to make such deductions.  The Employer shall make such deductions from the employee's pay once in each month and remit same to the Union not later than the 10th day of the following month.

Paragraph 12: The Union will furnish the forms to be used for the authorization.  The Employer will furnish the Union with a duplicate copy of all signed authorizations.

Paragraph 13: The Union will hold the Employer free and harmless against any and all claims, damages, suits or other forms of liability whatsoever that shall arise out of or by reason of action taken or not taken by the Employer for the purpose of complying with any of the provisions of the initiation fees, reinstatement fees, regularly authorized assessments, and monthly dues check-off.

Paragraph 14: Sick leave payments will not be the subject of monthly dues deduction.  However, the Employer will indicate on the list all layoffs, leaves of absence and terminations.

Paragraph 15: Vacation pay is subject to a monthly dues deduction.

                                        SECTION IV – DISCRIMINATION AND COERCION

Paragraph 16:   The Employer and the Union agree that there shall be no unlawful discrimination against any person with regard to recruitment, selection, appointment, training, promotion, retention, discipline or other aspects of employment on the basis of race, age, sex (including pregnancy, childbirth, or related medical conditions) marital status, color, physical or mental disability, medical condition, religion, creed, national origin, union activity or the lack thereof, or any other basis protected by law; and further agree that employees shall not be unlawfully harassed based on any of the foregoing categories.

Paragraph 17: Employee Activity.  It is mutually agreed that there shall be no restraint, coercion or interference by the Employer or by the Union against members of the bargaining unit in the exercise of their legal rights in a lawful manner.

                                                   SECTION V – MANAGEMENT RIGHTS

Paragraph 18: Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Employer, including, but not limited to, the rights, in accordance with its judgment and discretion:  to reprimand, suspend, discharge, or otherwise discipline employees for just cause; to determine the number of employees to be employed; to hire employees, determine their qualifications and assign and direct their work; to train and evaluate the performance of employees, to promote, demote, transfer, lay off and recall employees to work; to set the standards for productivity, the products to be produced, and/or the services to be rendered; to determine the amount and forms of compensation for employees; to maintain the efficiency of operations; to determine the personnel, methods, means and facilities by which operations are to be conducted; to set the starting and quitting times and the number of hours and shifts to be worked; to use independent contractors to perform work or services; to subcontract, contract out, close down, or relocate the Employer's operations or any part thereof; to expand, reduce, alter, combine, transfer, assign, or cease any job, department, operation, or service; to control and regulate the use of machinery, facilities, equipment and other property of the Employer; to introduce new or improved research, production, service, distribution and maintenance methods, materials, machinery, and equipment; to determine the number, location, and operation of departments, divisions, and all other units of the Employer; and to take whatever action is either necessary or advisable to determine, manage and fulfill the mission of the Company and to direct its employees.  The Employer's failure to exercise any right, prerogative, or function hereby reserved to it, or the Employer's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Employer's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

                                                 SECTION VI – PROBATIONARY PERIOD

Paragraph 19: All newly hired employees shall be deemed to be on probation during the first seventy five (75) days worked within one hundred and eighty (180) days of the date of hire.  The employee may be dismissed by the Company at any time during such probationary period without the necessity of assigning any cause therefore.

Paragraph 20: No new employees shall be qualified or eligible to receive any benefits of this Agreement, such as health and welfare contributions, pension contributions, leaves of absence, jury duty pay, holiday pay, etc. until they have completed the probationary period.

                                        SECTION VII – MAINTENANCE TRAINEE PROGRAM

Paragraph 21: It is agreed that a maintenance trainee program may be established at each plant with the understanding that as to those Employers that do not have either the need for such a program or qualified applicants, said Employers shall have the option of hiring skilled mechanics from outside sources.

                                                        SECTION VIII – HOURS OF WORK

Paragraph 22:  

(i)                 a.         Forty (40) hours shall constitute a week's work, Monday through Friday, to be worked in five (5) consecutive days.  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.  The regular overtime rate shall be one and one-half (1-1/2) times the employee's hourly rate of pay.  Employer shall post the regularly scheduled lunch hour on the departmental daily or weekly work schedule.

(ii)               b.         The Company may schedule graveyard sanitation crews whose workweek may begin during the late Monday p.m. hours and extend through Saturday in the a.m. hours.  It is agreed that for Sanitation work forty (40) hours constitute the week’s work which may be performed during the five (5) consecutive days, Tuesday through Saturday, as determined by this Company.

(iii)             c.         The Employer will allow a ten minute break when any overtime is scheduled after eight (8) hours worked.  The ten-minute break will be scheduled at the end of eight (8) hours.

(iv)             d.         By written agreement voluntarily executed by an Employer and two-thirds (2/3) of the affected employees, an Employer may substitute the provisions of this subparagraph (d) for the provisions of subparagraph (a) above.  In such event, forty (40) hours shall constitute a week's work, which workweek shall include not more than four (4) consecutive working days of not more than ten (10) hours each, which shall be Monday to Thursday or Tuesday to Friday.  The Employer shall not be required to pay overtime rates for the 9th and 10th hours worked during such workdays.  If an employee on such four-day schedule is required or permitted to work more than ten (10) hours in any day, the overtime rate prescribed below shall apply for hours worked in excess of the 10th hour of that workday.  Employees on such schedule who are required or permitted to work more than four (4) days in a week shall be paid time and one-half (1-1/2) for the first eight (8) hours on such additional days and double (2) time in excess of eight (8) hours on those days.  The regular overtime rate shall be one and one-half (1-1/2) times the employee's hourly rate of pay.  Wineries will be required to post the regularly scheduled lunch hour at the beginning of each workweek.

For employees on a four-day week, ten-hour days as provided in this subparagraph, fringe benefits will be paid as follows:

i.          Paid Holidays Under This Agreement.  Holidays falling during an employee's four-day week will be paid at ten (10) hours per paid holiday.  Holidays falling outside an employee's four-day week will be paid at eight (8) hours per paid holiday.

ii.         Paid Vacations Under This Agreement.  In Section XIV convert all references to "days" to eight (8) hours of vacation, and convert all references to "weeks" to forty (40) hours of vacation.  For purposes of Paragraph 43, the ten days therein will be converted to eighty (80) hours.

iii.        Paid Sick Leave Under This Agreement.  Sick leave will be paid out at ten (10) hours day per day, exclusive of days outside the employee's four-day week.

iv.        Jury Duty Under This Agreement.  This will be paid at ten (10) hours per day for days the employee is scheduled to work within his/her four-day week.

v.         Funeral Leave Under This Agreement.  This will be paid at ten (10) hours per day for three (3) business days which must be within the employee's scheduled four-day week.

vi.        Swing and Graveyard Shifts Under This Agreement.  Any reference to eight (8) hours in Paragraph 28 will be changed to ten (10) hours.

vii.       Reporting Pay Under This Agreement.  Any reference to four (4) hours in Paragraph 30 will be changed to five (5) hours, and any reference to eight (8) hours in Paragraph 30 will be changed to ten (10) hours.

After a lapse of six (6) months, or such shorter period as the written agreement may provide, the Employer may by written notice to the Union revoke the above agreement and return to the hours of work provisions set forth in subparagraph (a) above, such revocation to be effective five (5) work days after the notice is given the Union.  Employees may not switch to five (5) eight (8) hour days during a workweek, except in the event of a layoff of that employee.

After a lapse of six (6) months, or such shorter period as the written Agreement may provide, and upon petition of a majority of the affected employees, a new vote shall be held and two-thirds (2/3) vote of the affected employees will be required to reverse the Agreement above.  If such an Agreement is revoked, the Employer shall comply within five (5) work days.

e.  The Company may schedule preventative maintenance crews whose workweek shall begin on a Friday and shall include four (4) consecutive working days (Friday to Monday) of not more than ten (10) hours each.  Such preventative maintenance crews shall consist of no more than four (4) employees (except to the extent that business needs require additional employees).  All work on such preventative maintenance crews by employees shall first be on a bid basis; provided, however, that where an insufficient number of employees bid and/or have the required job skills and abilities for the positions, the Employer may hire from outside to fill such maintenance crew positions.  The Employer shall not be required to pay overtime rates for all hours worked on Saturday and for the 9^th and 10^th hours worked on Friday and Monday.  The Employer shall pay overtime rates for any hours worked on Sunday.  If an employee on such four-day schedule is required or permitted to work more than ten (10) hours on Friday, Saturday or Monday, the overtime rate prescribed below shall apply for hours worked in excess of the 10^th hour on that workday.  Employees on such schedule who are required or permitted to work more than four (4) days during the workweek shall be paid time and one-half (1-1/2) for the first eight (8) hours on such additional days and double (2) time in excess of eight (8) hours on those days.  The regular overtime rate shall be one and one-half (1-1/2) times the employee's hourly rate of pay.  Fringe benefits for employees on a four-day week, ten-hour day schedule as provided in this subparagraph will be paid as provided in Paragraph 22d.

 

Paragraph 23:  

 (a)  All worked performed in excess of 8 hours per day or in excess of 40 hours per week will be paid at a rate of 1-1/2 times the employee’s hourly rate.  Double time will be paid in excess of 12 hours in one day and for all hours worked in excess of eight on the seventh consecutive work day.

 

(i)                 (b)       There shall be no pyramiding, duplication or compounding of any overtime, premiums or penalties required by the provisions of this Agreement.  Where two or more rates, premiums or penalties or any combination thereof are applicable to any time worked, that single overtime, penalty or premium which produces the highest rate of pay for the employee shall be the rate paid.

Paragraph 24: Preference for Overtime Work.

(i)                 a.         Weekdays.  Preference for overtime work following an eight (8) hour shift shall be given to the employee performing the job prior to the expiration of the shift.  If additional employees are needed for overtime work within the same department, preference shall be given to the employees with the greatest plant seniority within that department on that shift, provided the employees have the ability and experience with the Employer to perform such work.  Overtime work for all employees shall be on a voluntary basis with right of refusal by seniority, provided, however, that where an insufficient number of employees volunteer, junior seniority qualified employees may be assigned to said work and shall work overtime so assigned. 

(ii)               b.         Weekends and Holidays.  Preference for overtime work (whether scheduled or unscheduled) on Saturdays, Sundays, and holidays shall be given in the following order: (1) from a list of volunteers by seniority order within their home department by classification and shift preference; (2) if an insufficient number of employees volunteer, the Employer will assign employees in their home department to work the overtime by classification and shift preference, beginning with the least senior employee qualified to work.

(iii)             c.         Failure to Report for Overtime Shift.  Employees who do not report for their overtime shift (whether called from the volunteer list or assigned to work mandatory overtime) will receive an attendance infraction for an unexcused absence and will not be eligible to work any other shift that day.

Paragraph 25: Continuous Productivity During Unscheduled Vacancies.  To maintain continuous productivity during an unscheduled vacancy, the Employer will fill the gap created by the unscheduled vacancy by adjusting employee work assignments on that shift by “bumping up” in order of seniority.  The remaining vacancy will be filled from the on-call list.  Any employee who does not report to work when called in from the on-call list will receive an attendance infraction for an unexcused absence and will not be eligible to work any other shift that day.

Paragraph 26: Waiver of Labor Code section 554.  The parties hereby agree that the employees subject to this Agreement may work seven (7) or more consecutive days without accumulating the equivalent of one (1) day’s rest in seven (7) during a calendar month, and expressly waive the provisions of California Labor Code section 554.

                                                   SECTION IX – WAGE SCHEDULE

Paragraph 27: All employees covered by this Agreement shall be compensated for their services as per Wage Schedule hereto attached, retroactive to April 1, 2008.  During the term of this Agreement, daily rate protection will continue.  Daily rate protection is only for an eight (8) hour scheduled shift, and does not include any overtime premium pay.

Paragraph 28: All work on the Swing Shift by an employee assigned thereto shall be paid for at the rate of twenty-five (25) cents per hour above the regular rate and all work performed on the Graveyard Shift by an employee assigned thereto shall be paid for at the rate of thirty (30) cents per hour above the regular rate.  The term Swing Shift shall mean any eight (8) hour shift terminating between the hours of 6:01 P.M. and 3:01 A.M.  The term Graveyard Shift shall mean any eight (8) hour shift terminating between 3:01 A.M. and 12:01 P.M.

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 X – 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 who, 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 of individual plants will prevail with regard to established meal hours.  This paragraph is to be applicable only to the Monday through Friday workweek and specifically excludes Saturday and Sunday and overtime assignments.

Paragraph 31: An employee who has previously completed that day's work and, after having left the premises, is called in for emergency work, shall be paid a minimum of 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 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:  

(i)                 1.         The following situations may occur:

a.                  a.         Operations cannot commence or continue due to threats to employees or property or when recommended by civil authorities.

b.                  b.         Public utilities fail to supply electricity, water or gas or there is a different failure in the utilities or sewer system, or

c.                  c.         The interruption of work or failure to commence work is caused by an act of God.

(ii)               2.         If any of the above events occur the Reporting Pay provisions of Paragraphs 30 and 32 of this Agreement shall not be applicable to employees reporting for work, but not yet at work, if the Employer has less than three (3) hours' notice of the event.  If the Employer has three (3) or more hours notice of the event, the Employer 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.

(iii)             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 XI – OUTSIDE CONTRACTING

Paragraph 34: Any ordinary maintenance, production and repair work which the employees in the bargaining unit normally perform shall not be contracted out to be performed by outside contractors except upon prior consultation with the Union; provided that the Employer will not subcontract normal maintenance, production and repair work when there are qualified personnel on layoff who have performed the work.  It is understood and agreed that the Company has the right to purchase raw materials such as wine, high-proof, etc., to contract for the production of such items and to arrange for contract and franchise bottling outside of California, in accordance with past practices.

The Employer will provide seven (7) working days’ notice to the shop steward of the engagement of any outside bottling room contractor services.

A shop steward will be notified the Thursday before of weekend contractor work except in cases of emergencies, when the shop steward will be notified as soon as reasonably possible.

Should a shop steward not be available, the Employer will notify the most senior Maintenance Department employee.

                                       SECTION XII – SEVERANCE PAY

Paragraph 35: In the event of:

(i)                 1.         A permanent plant shutdown, or a permanent departmental shutdown, resulting in the permanent termination of an employee,

(ii)               2.         The installation of new machinery or equipment, which permanently displaces an employee, and the employee is permanently thereby terminated, severance pay shall be paid to each such permanently terminated employee in accordance with the following:

a.                  a.         A service year shall be a year in which an employee shall have worked 1,200 or more straight-time hours.

b.                  b.         An employee who has completed three (3) service years, in each of which said three (3) years the employee has worked 1,200 or more straight-time hours, shall receive three (3) days' pay at his regular rate of pay on the date of termination.

c.                  c.         An employee who has completed four (4) service years, in which each of said four (4) years the employee has worked 1,200 or more straight-time hours shall receive six (6) days' pay at the employee's regular rate of pay on the date of termination.

d.                  d.         For each additional service year, as defined, the employee shall receive an additional three (3) days' pay at the employee's regular rate of pay on the date of termination to a maximum of fifty-four (54) days' pay for those being terminated with twenty (20) or more service years, as defined, to their credit.

                                                        SECTION XIII – HOLIDAYS

Paragraph 36: The following holidays shall be observed under this Agreement:  New Year's Day, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, last business day before Christmas, Christmas Day and New Year's Eve Day.  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 37: The above holidays shall be paid for at regular rates of eight (8) hours, plus shift differential, if any, provided that an employee must work the employee's full regularly scheduled shift preceding and following the holiday.  For the purposes of holiday pay employees on paid sick leave, funeral leave, jury duty vacation, and paid union business from either the company or the union will be considered as having worked.  Where an employee is required to be absent from work the day before and/or the day after the holiday due to a mandatory court appearance as a subpoenaed witness in a case in which the employee is not a party, the employee shall not be disqualified from holiday pay on that account, provided the time limits and reporting conditions as set forth in Section XX, Paragraphs 65, 66, 67, and 68 shall apply, and that the employee furnishes proof of said mandatory appearance.

Paragraph 38: 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 time and one-half (1-1/2) the employee's regular hourly rate of pay.

Paragraph 39: In case of layoffs of employees with seniority, they must have worked one (1) working day within the four (4) working days immediately before the holiday, or they must have worked one (1) working day within the four (4) working days immediately following the holiday.

Paragraph 40: All work performed on the above holidays shall be paid for at time and one-half (1-1/2) the employee's regular hourly rate of pay.

 

                                                    SECTION XIV – VACATIONS

Paragraph 41: When Taken.  Vacations are to be taken during the service year immediately following the year in which earned, and are not cumulative from year to year without prior approval from the Employer except that an employee may carry-over up to one (1) week of vacation for up to three (3) months after the end of the service year if the carried-over vacation is schedule on or prior to the end of the service year.  A portion of the employee’s unused vacation may be cashed out at the sole discretion of the Employer.  (See Paragraph 45E.).

Paragraph 42: How Earned.  No employee shall lose vacation credits for loss of time caused by absence due to paid union business or jury duty for which the Employer has given the employee jury duty pay under Section XX of this Agreement.

Paragraph 43: Vacation Time Earned.  The Employer agrees that vacation with regular pay shall be granted to employees within the bargaining unit.  To obtain vacation credit for a month's employment, an employee must have worked not less than sixty five (65) hours within a calendar month.  Vacation shall be paid as follows:

Months of Employment Within Service Year	1st Year	2nd Year & Thereafter	After 6 Years	After 13 Years	After 20 Years
1 mo.	0	6 2/3 hours	10 hours	13 1/3 hours	16 2/3 hours
2 mos.	0	13 1/3 hours	20 hours	26 2/3 hours	33 1/3 hours
3 mos.	0	20 hours	30 hours	40 hours	50 hours
4 mos.	0	26 2/3 hours	40 hours	53 1/3 hours	66 2/3 hours
5 mos.	0	33 1/3 hours	50 hours	66 2/3 hours	83 1/3 hours
6 & 7 mos.	2 1/2 days	5 days	10 days	15 days	20 days
8 mos.	3 days	6 days	11 days	16 days	21 days
9 mos.	3 1/2 days	7 days	12 days	17 days	22 days
10 mos.	4 days	8 days	13 days	18 days	23 days
11 mos.	4 1/2 days	9 days	14 days	19 days	24 days
12 mos.	5 days	10 days	15 days	20 days	25 days

 

1.        An employee is eligible for three (3) weeks' vacation after completing six (6) years of seniority, to be given during the seventh (7th) year of seniority.

2.        In the case of a plant having a simultaneous vacation shutdown during which two (2) weeks' vacation may be given to all eligible employees, the third (3rd) week of vacation must be given during the seventh (7th) year and prior to the next cut-off date.

3.        An employee is eligible for four (4) weeks' vacation after completing thirteen (13) years of seniority, to be given during the fourteenth (14th) year of seniority.

4.        In the case of a plant having a simultaneous vacation shutdown during which two (2) weeks' vacation may be given to all eligible employees, the fourth (4th) week of vacation must be given during the fourteenth (14th) year and prior to the next cut-off date.

5.        An employee is eligible for five (5) weeks' vacation after completing twenty (20) years of seniority, to be given during the twenty-first (21st) year of seniority.

6.        In the case of a plant having a simultaneous vacation shutdown during which two (2) weeks' vacation maybe given to all eligible employees, the fifth (5th) week of vacation must be given during the twenty-first (21st) year and prior to the next cut-off date.

Paragraph 44: Rate of Pay.

(i)                             Regular Pay: 

Vacation pay is based upon straight time hourly rate at the job and the shift the employee is working at the time the vacation is taken to include shift differential.  Vacation will be paid at the highest classification in the week before vacation to include shift differential.

Paragraph 45: Scheduling.

(i)                 A.        Although the company will use its best efforts to accommodate vacation requests, all vacation requests will be subject to production requirements.  Final decision shall rest with the Employer provided employees are given thirty (30) days' advance notice of vacation commencement dates.

There are two types of vacation schedules, planned and unplanned.  Planned vacations are those requests that have been turned in by Feb 1 to be scheduled for the following 12 months beginning on March 1.  Approval and scheduling of planned vacation will be prioritized as follows:

(ii)               1.         First preference will be given to the Monday through Friday five-day blocks.  They will be scheduled by seniority, by classification, by service year.

(iii)             2.         Second preference, mid-week five-day blocks.  They will be scheduled by seniority, by classification, by service year.

(iv)             3.         Third preference less than five-day blocks, including one-day blocks.  They will be scheduled by seniority, by classification, by service year.

Unplanned vacation is vacation that is not turned in by Feb. 1st.  Unplanned vacation will be scheduled on a first come, first served basis, by seniority, by classification, by service year.  Responses to these requests will be either confirmed or denied within (10) working days of receipt of the request.  Under no circumstance will unplanned vacation supersede planned vacation.

The Company may allow employees up to five (5) one (1) day vacation requests, for employees with up to three (3) weeks of vacation.  For employees with greater than three (3) weeks of vacation, the Company will allow ten (10) days of one (1) day vacation requests.  The Company will use its best efforts to schedule these one-day vacation requests, but cannot guarantee them.

(v)               B.        It is the responsibility of the employee to have their vacation time scheduled and taken within the immediate service year.  Employees who at the convenience of the Employer forego their vacation and cannot use all their vacation in the immediate service year, will be allowed to carry unused vacation over into the next service year provided that this unused vacation must be scheduled within (30) thirty calendar days.  In addition, they shall receive any current rates that might be established and in effect at the time of taking the vacation. 

(vi)             C.        Employees shall not be required to split their vacations and shall be permitted to take their vacations in consecutive weeks, provided that the requirements of management are not thereby impeded or interfered with.  Management will not arbitrarily deny consecutive vacation weeks.  Senior employees shall have preference so far as practicable.

(vii)           D.        Where there is a plant shutdown/vacation period of only two (2) weeks, employees entitled to longer vacations may take the balance of their vacation at their convenience in increments of one week, or less in the event of a layoff, with management's prior agreement, provided further that production requirements shall not be thereby impeded.  No employee shall be required to take more than two (2) weeks of his/her vacation during a plant shutdown situation.

(viii)         E.        Eligible employees are required to take a minimum of two (2) weeks of vacation.  When more than two (2) weeks of vacation have been earned and taken, an employee may elect to receive a maximum of three (3) weeks pay in lieu of any vacation for which he/she is eligible after their accrual date in any one (1) year upon approval of the company.

Paragraph 46: Holiday During Vacation.  When a paid holiday under the terms of this Agreement occurs during an employee's vacation, the employee shall receive an extra day of vacation scheduled in advance or pay in lieu thereof.

Paragraph 47: Termination.  Employees whose employment is terminated for any cause and who are paid their prorated share of vacation pay shall start a new vacation service year on the date of reemployment.

Paragraph 48: Layoff.  Employees who are laid off before qualifying for vacation pay, and who are reemployed within the current service year, shall retain their anniversary date and receive credit for all time worked during such service year.

Paragraph 49: Service Year Defined.  The twelve (12) months following the date of employment and every twelve (12) months thereafter.  An employee's date of employment shall always be considered the anniversary date when computing vacation benefits unless a new anniversary date is acquired as provided above in Paragraph 47.

Any laid off employee at their request may be paid for any earned vacation pay.  This payment will be considered as a lump sum, without benefits.

                                        SECTION XV – JOB POSTING/BIDDING

Paragraph 50: Posting and Bidding.  With the exception of temporary jobs, the Employer will post vacancies or job openings on Company bulletin boards.  Job postings will describe the job responsibilities, shift, probationary period for the position, skill/training requirements, job classification, rate of pay, and the hour and date the bid closes.  The bidding period will remain open for three (3) working days.  A copy of the job bid will be sent to the Union office.

Employees who wish to be considered for job bids posted during their vacation must notify the Company in writing one week prior to their scheduled vacation.  Employees on layoff who wish to be considered for posted job bids must submit a request to Human Resources in writing.

Paragraph 51: Selection.  For the purposes of awarding posted jobs, when two or more employees’ skills and ability are equal, seniority will be the determining factor.  The Employer, in its sole discretion, shall be the judge of employees’ skills and ability.  The Employer will not exercise this discretion in an arbitrary or unreasonable manner.

The Employer has the right to select, in its sole discretion, the person(s) to fill positions in the following classifications:  Maintenance Supervisor Working,  Working Foreman, Sub-foreman, Maintenance Technician.

Paragraph 52: Sign Off/Disqualification:

(i)                 a.         Voluntary Sign Off Within First Fifteen Days.  An employee awarded a bid position may voluntarily sign off the job within the first fifteen (15) days worked and return to his or her former classification.  An employee who voluntarily signs off from an awarded bid position under this subsection will be ineligible to bid into the same position/classification for a period of one (1) year.

(ii)               b.         Voluntary Sign Off After Fifteen Days.  An employee who voluntarily signs off from a classification after fifteen (15) days worked may return to his or her last prior classification but will be ineligible to bid for any posted job for a period of two (2) years.

Paragraph 53: Downward and Lateral Bidding:

(i)                 a.         Lateral Bidding.  Employees who have worked within a classification for two (2) continuous years may bid down and laterally for the purposes of achieving another occupation within the winery.  Employees exercising this right will be ineligible to work this classification and bid for their former position for a period of one (1) year.

(ii)               b.         Disability or Hardship.  In the event of a disability, or bona fide hardship, an employee will be permitted to bid down to a lower classification or laterally into 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 had vacated or to another position to which the employee is qualified.

Paragraph 54: Notification of Bid Awards.  The Employer shall notify the employee selected for the posted bid position, post the award and will notify the Union within three (3) working days of the decision.  The Union shall have seven (7) days from the date of such notification to protest.  If no objection is filed by the end of that period, the matter shall be considered closed.

 

        SECTION XVI – HEALTH AND WELFARE, MAJOR MEDICAL AND DENTAL

Paragraph 55: Effective April 1, 2008, (first payable in May of 2008), a premium payment of $586.12 per month will be paid by the Employer, excluding retiree coverage, per eligible or covered employee who has worked or been paid for at least forty (40) straight time hours in the previous month shall be made to the U.F.C.W. National Health and Welfare Fund.  Such payments will not be made on behalf of probationary employees. Pre-existing conditions of employees and their dependents that existed within one (1) year prior to eligibility for health care benefits shall not be covered by the U.F.C.W. National Health and Welfare Fund for one (1) year after the employee becomes eligible for health care benefits.  However, the U.F.C.W. National Health and Welfare fund will observe the regulations and practices governed by HIPPA.

Effective for coverage on or after April 1, 2008, employees shall have deducted from their paychecks, as their share of health and welfare benefits, $140.00 per month. 

Effective for coverage on or after April 1, 2008, if the total premium for active employees should increase or decrease, the amount of such increase or decrease will be shared equally between the employee and the Employer.

Should any increases occur, the employee share of the increase shall be deducted from the employee’s paycheck and the Employer shall remit the full amount of contribution required by the U.F.C.W. National Health and Welfare Fund.

Paragraph 56: The U.F.C.W. National Health and Welfare Fund of the United Food and Commercial Workers International Union shall provide medical coverage (excluding death benefits and accidental death benefits) for retirees who retired at age 60 or thereafter and their spouses as follows:

(i)                 a.         For persons who retired before October 6, 1986, and their spouses, their benefits are unchanged.  Premium paid by the Employer shall be $656.88 per covered month through March 31, 2009.

(ii)               b.         For persons who retired on or after October 6, 1986, and before March 31, 1996, and their spouses, medical coverage will be the same as active employees and will be provided during the term of this Agreement or until the covered person becomes eligible for Medicare or reaches age 65, whichever is earlier.

Effective April 1, 2000, an employee who retires on or after October 6, 1986 and before March 31, 1996, shall make a premium contribution of $215.48 per month.  Payment shall be made to the Employer.  Failure to make the retiree co-payment by the fifth (5th) working day of the covered month when said premium is due shall result in the medical coverage being terminated.

Effective for retiree medical coverage on or after April 1, 2004, if the total premium should increase, such increase shall be shared equally between the retiree and the Employer. 

(iii)             c.         For persons hired before April 1, 1989, and who retired on or after March 31, 2000, and their spouses, medical coverage will be the same as active employees and will be provided during the term of this Agreement or until the covered person becomes eligible for Medicare or reaches age 65, whichever is earlier.

Effective April 1, 2008, any employees who retires after March 31, 2008, shall make a premium contribution of $417.54 per month.  Payment shall be made to the Employer.  Failure to make the retiree co-payment to the Employer by the fifth (5th) working day of the covered month when said premium is due shall result in the medical coverage being terminated.

Effective for coverage on or after April 1, 2008 if the total premium for retirees should increase, such increase shall be shared equally between the retiree and the Employer.

Should any increases occur, the retiree share of the increase shall be remitted to the Employer by the fifth (5th) working day of the covered month when said premium is due.  Failure to make the retiree premium co-payment to the Employer by the fifth (5th) working day of the covered month when said premium is due shall result in the medical coverage being terminated.

Persons hired on or after April 1, 1989 will not be eligible for retiree medical coverage.

Paragraph 57: Effective April 1, 2008, the premium for the retiree health and welfare plans as stated in 51, B and C shall be $1,141.80 per month for covered retiree and spouse through March 31, 2009. 

The Health and Welfare Trust Plan shall experience rate the benefit under the plans in paragraphs 56 and 57 separately from any other benefit under the plan.  Any unfavorable experience in the paragraphs 56 and 57 plans that result in a premium increase shall be shared equally between the retiree and the Employer.  Any favorable experience under the plans in the paragraphs 56 and 57 shall be credited back to the Employer through a decrease in the premium amount paid for retiree health and welfare coverage.

Paragraph 58:  

a.         During the term of this Agreement, the Employer can opt out of the U.F.C.W. National Heath and Welfare Fund with the consent of the local union, thereby ceasing all of the Employer's obligations as to the U.F.C.W. National Health and Welfare Fund, including, but not limited to, the obligations to pay contributions as set forth in paragraphs 55, 56,  and 57; however, the Employer must give the local union at least four (4) months' notice of its intent to opt out of the Fund and must provide to the appropriate local union the schedule of benefits of the new plan proposed by the Employer.

 

b.         Individual Opt-Out Language.  Employees may opt out of the health care benefits under this Agreement and receive instead a payment of fifty dollars ($50) per month from the Employer under the following circumstances:  (1) the employee must provide a certificate of alternate health care coverage; and (2) no more than twenty percent (20%) of the total number of covered persons (from all participating employers) may withdraw from the UFCW Universal Plan at any one time.

 

Eligible employees wishing to opt out of the health care benefits may opt out during a window to occur before March 1st of each year during the term of this Agreement, or upon the occurrence of a “qualifying event” as defined under COBRA regulations (e.g., marriage, divorce, birth of a child, etc.)  For 2004 only, eligible employees may opt out of health care benefits on or before August 31, 2004, to take effect for September coverage.  Opting out during this special window will result in no health benefits coverage from September 1, 2004 forward. 

 

The Employer and the Union agree to meet to discuss the mechanics of this opt-out provision in February 2005.

 

Paragraph 59: The Employer may require written medical verification of illness or injury and the employee's inability to work due to such illness or injury.

Paragraph 60: Effective on April 1, 2008 (first payable in May 2004), the Employer will pay 100% of the premium to the Delta Dental Plan of California for benefits as provided by the Delta Preferred Option Plan for any eligible or covered employee who has worked or been paid for at least forty (40) straight-time hours in the previous month.  Such payments will not be made on behalf of probationary employees. 

The monthly amount paid by the Employer for coverage effective April 1, 2005 shall be the monthly amount paid in 2004 plus $2.50.  This amount shall increase by an additional $2.50 per month on April 1, 2006 and April 1, 2007.  Wherever possible any portion of the Employer's monthly contribution per eligible or covered employee will be paid out of the Delta Dental Plan stabilization fund. 

In the event the Employer's contribution is not sufficient to provide the scheduled benefits, the employees shall make up the difference between the Employer contribution and the rate required by the Delta Dental Plan of California by payroll deduction taken by the Employer from the employees' paychecks and the Employer shall remit the full amount of contribution required by the Delta Dental Plan.

 

                        SECTION XVII – WORKERS' COMPENSATION SUPPLEMENT

Paragraph 61: In the event any employee is injured while at work and is required to leave work the employee shall be paid his full wages for the day of injury, provided the employee requires medical attention as the result of the injury, and upon the advice of the attending physician is unable to return to work.

When it is necessary, during the first six months after injury, for post-medical treatment due to occupational injury or illness, the Employer will compensate the employee for loss of time not to exceed two (2) hours for treatment based on the following conditions:

(i)                 a.         Where the Company has medical facilities, these be utilized.

(ii)               b.         That the Employer has the right to implement reasonable controls to the use thereof.

It is mutually agreed and understood whenever an employee is being treated for an industrial injury or illness, the employee will give the Employer five (5) working days advance notice of all appointments.

If any appointment is to be rescheduled, the Employer and employee will mutually agree to any changes.  The Employer and/or the employee is to be notified a minimum of twenty-four (24) hours in advance of new appointments.

                                                    SECTION XVIII – SICK LEAVE

Paragraph 62: In the case of a non-industrial illness or non-industrial injury, sick leave with pay up to a total of forty (40) straight-time hours at the rate of a full day’s pay at straight-time earnings, Saturday and Sunday excluded, will be allowed during the contract years, April 1, 2004, through March 31, 2008, to all employees who have a minimum of one (1) year’s continuous service with the Employer and a minimum of twelve hundred (1,200) straight-time hours worked during the year.  Sick leave will be accumulated at the rate of forty (40) hours per year of service to a maximum of one hundred and twenty (120) hours in reserve at any one time.

Any unused portion of sick leave from the immediately preceding contract may be carried over to the first year of the current contract, but in no event shall the total allowable sick leave exceed one hundred and twenty (120) hours in reserve at any one time.

Employees entitled to State Disability Benefits shall have their weekly benefits supplemented by the Employer in an amount equal to 100% of their normal straight-time earnings less any statutory deductions.  Sick leave is applicable only in case of a bona fide illness and shall not be paid if not taken and will be paid in the following manner:

 

Paragraph 63:  

(i)                 1.         If an employee is absent for only one (1) day, a physician’s or surgeon’s or dentist’s certificate confirming that illness necessitated absence from work is not required, except if the one (1) day sick leave is taken in conjunction with a scheduled work day and the day after a holiday or vacation, then a physician’s or surgeon’s or dentist’s certificate is required.

(ii)               2.         If an employee is absent for two (2) days or three (3) days, a physician’s or surgeon’s or dentist’s certificate is to be presented confirming that illness necessitated absence from work in order to receive sick pay.

(iii)             3.         Items 1 and 2, above will entitle an employee to sick pay benefits only if the employee has earned sick leave available.

(iv)             4.         If no physician’s or surgeon’s or dentist’s certificate is provided to the Employer for any absence of more than one (1) day, each day of absence will be considered as a separate occurrence of unexcused absence under the Absentee Policy.

(v)               5.         Employees may choose to be paid for accumulated sick leave in excess of one hundred and twenty (120) hours up to a maximum of forty (40) hours after their accrual date at their average wage rate for the prior year.

                                                    SECTION XIX –  401 (k)

Paragraph 64:  

The Employer will establish a 401(k) plan for the employees covered by the Agreement effective as of January 1, 2008 with terms as set forth in the Base Plan and the Adoption Agreement incorporated into the terms of the Base Plan.

 

Such terms include, without limitation, the following:

 

1.         Employer cents-per-hour contribution to eligible employees based on years of service:

 

            1-5 years                                $0.50 per hour

            >5 years - 10 years              $0.60 per hour

            >10 years - 15 years            $0.80 per hour

            >15 years - 20 years            $0.90 per hour

            >20 years - 25 years            $1.05 per hour

            >25 years - 30 years            $1.10 per hour

            >30 years                               $1.15 per hour

 

2.         Employer paid matching contribution of $0.50 per dollar of employee’s elective deferral of up to three percent (3.0%) of gross wages.

 

 

                                                        SECTION XX – JURY DUTY

Paragraph 65: 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 five (5) 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 66: 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 12:00 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 12:00 noon, the employee shall not be required to work his/her scheduled shift on that day.

Paragraph 67: If a second or afternoon shift employee is released by the court at or before 12:00 noon, the employee shall be required to work the employee's scheduled shift.  If a second or afternoon shift employee is released by the court after 12:00 noon, the employee shall not be required to work the employee's scheduled shift on that day.  If the employee is released by the court at or before 12:00 noon, the employee must notify the Employer by telephone that the employee has been released and will be reporting to work.  Said notification must occur as soon as possible.

Paragraph 68: A third or graveyard shift employee shall not be required to work the employee's scheduled shift immediately prior to the employee's first morning of jury duty.  If a third or graveyard shift employee is released by the court seven (7) hours or more prior to the start of his/her scheduled shift, the employee shall be required to work his/her scheduled shift that night.  If a third or graveyard shift employee is released by the court less than seven (7) hours prior to the start of his/her scheduled shift, the employee shall not be required to work his/her scheduled shift that night.  If a graveyard shift employee works his/her full shift, and on the same day is required to serve on jury duty for four (4) hours or more, the employee will be excused from work for the graveyard shift of the following day, if scheduled and will be paid his/her regular straight-time hourly rate of pay for said excused time off.

                                                SECTION XXI – BEREAVEMENT LEAVE

Paragraph 69: In the event of the death of an employee's father, mother, stepparent, grandparent, father-in-law, mother-in-law, sister, brother (including half-sister and half-brother), legal guardian, spouse, child, legally adopted child, step-child or grandchild, or common law spouse with whom the employee has a current seven (7) year domestic relationship and can substantiate the common law relationship.  An employee shall be given three (3) consecutive business days (excluding Saturday, Sunday and holidays) leave, one of which will be the day of the funeral.  In the event the funeral is located outside the state of California, the employee shall receive five (5) additional unpaid days of bereavement leave.  Verification of travel will be required.

In the event of the death of a son-in-law, daughter-in-law, brother-in-law, sister-in-law, or current spouse’s grandparent, said employee shall be paid for time missed from scheduled work, not to exceed one shift on the day of the funeral.

In all cases the pay shall be the regular straight-time earnings the employee was or would have been scheduled for work on such day or days.  If the employee is scheduled for work on a Saturday or Sunday, time off as part of the funeral leave shall be granted and paid for at straight time.

Employees on approved leave of absence to care for members of their immediate family, in the event of death of said family member during such leave of absence, shall receive the benefits set forth hereinabove, provided that the employee returns to work.

If bereavement leave is obtained by misrepresentation, it shall subject the employee to immediate discharge.

Attendance at the funeral is not required.  Proof of death and relationship is required by the Employer.

                                            SECTION XXII – LEAVES OF ABSENCE

Paragraph 70: Employees may obtain from the Employer in any twelve (12) month period up to two (2) leaves of absence for a period not to exceed six (6) months each for illness or physical incapacity and two (2) leaves of absence for a period not to exceed thirty (30) days each for valid personal reasons.  Employees qualifying for either the federal Family Care and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) will be placed on leave with health care benefit premiums paid pursuant to applicable statute for the first twelve (12) weeks of such leave.  The Employer may require that the request for leaves of absence be submitted on a form provided for the purpose and reserves the right to require medical certification for leaves of absence.  Any employee found to have obtained a leave of absence by fraud or misrepresentation shall lose all seniority rights and be subject to dismissal.  The acceptance of other employment during a leave of absence shall be grounds for discharge.  After absence from work for any reason for sixty (60) or more days, the Employer may require the returning employee to submit to a physical examination and/or a drug/alcohol test.  Any leave of absence granted pursuant to this section runs concurrently with any other leave to which the employee may otherwise be entitled.

Paragraph 71: 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 five (5) days in advance of the termination date of the leave, unless a satisfactory reason is given.  Leaves of absence may be extended if circumstances warrant.  When a leave of absence or extension is granted, the Union shall be notified thereof.

Paragraph 72: The employee must notify the employee's Employer or the Employer's designated representative of the available date of return to work at least five (5) days prior to the termination of the leave of absence.

                    SECTION XXIII – MILITARY DUTY AND REEMPLOYMENT RIGHTS

Paragraph 73: The Employer shall comply with then prevailing 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 supplement the military pay of employees called to active military duty, provided that: (1) the employee has attained seniority; (2) the employee’s monthly military pay does not exceed his or her monthly pay with Employer (calculated based on the employee’s straight time gross hourly wage multiplied by 173.33); and (3) proof of military earnings is required.  The military duty supplement shall be the difference between the employee’s monthly pay with the Employer and the employee’s military pay, up to $500 per month (gross), and shall be paid after thirty (30) days of active military service for a period of up to six (6) months.

                                                    SECTION XXIV – DISCIPLINE

Paragraph 74: The Employer shall not discharge any employee without just cause.  Prior to any proposed discharge, where feasible and practicable the Employer shall notify the steward and/or a Union officer to be present when formal charges are made against an employee.

Paragraph 75: 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.  If, after such two (2) days, the matter cannot be satisfactorily settled, the employee may be considered discharged.

Paragraph 76: If the Union considers such discharge to be unjust, the matter shall be handled in the manner more fully set forth in Section XXV provided the grievance is filed in writing with the Employer and the Union within five (5) business days after such discharge becomes effective.

Paragraph 77: In the event such discharge is determined to have been unwarranted, the employee shall be reinstated in good standing, without prejudice or loss of seniority rights, and shall receive full pay for the time lost, less the amount of earnings elsewhere during the period of time between the employee's discharge or suspension and the date that the employee is put back on the Employer's payroll.  Nothing herein shall interfere with the arbitrator's authority to determine upon the facts that a temporary disciplinary layoff without pay might have been justified, rather than a discharge.

Paragraph 78: 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 XIV, less any monies due the Union on Check-off.

Paragraph 79: Complaints as to minor infractions shall be removed from an employee's personnel file immediately upon the completion of a twelve (12) month period with no recorded complaint.

With regard to violations of unexcused absences and chronic absenteeism and tardiness, a written warning will not be used after the lapse of twelve (12) months from date of issuance of such warning in the case of employees who work six (6) months or more in their anniversary year.  In the case of employees who work less than six (6) months in their anniversary year, a written warning will not be used after the lapse of 260 days worked or two (2) years, whichever is sooner, from the date of issuance of such warning.  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.

Unsatisfactory work reprimands will remain in the employee’s personnel files as part of the employee’s work history.  It is agreed any unsatisfactory work reprimand shall not be considered after two (2) years for future promotions.

Paragraph 80: Disciplinary action as outlined in Schedule A shall be binding on the parties with respect to the offenses and procedures set forth in Schedule A which is made a part of this Agreement.  Schedule A shall not be construed to be all inclusive and the Employer shall have the right to discipline, for just cause, for other infractions not specifically designated in Schedule A.

It is recognized that there may be degrees of safety violations, but generally, such violations are of a serious nature because of danger to the employee or to other employees, or danger to the property of the Employer.  Therefore, violations of CAL-OSHA or published safety rules are not subject to Schedule A, but rather, appropriate discipline will be imposed on a case-by-case basis.

 

SCHEDULE A
TYPICAL VIOLATIONS AND DISCIPLINARY ACTIONS
	OFFENSE NO.
ACTION/OFFENSE	1	2	3	4
Unexcused absence	W	W	S	D
Chronic absenteeism and tardiness	W	W	S	D
Falsifying any company record	D
Willful damage	D
Theft	D
Falsifying application for employment	D
Punching another’s time card	D
Defacing, erasing or changing the record on time card	D
Consuming alcohol on the premises or failing the alcohol test	D
Possession, use, distribution, sale, offer to sell or distribute drugs on the premises or failing the drug test	D
Gross negligence	W	D
Smoking – forbidden areas	W	D
Unauthorized strike action	D
Violence	D
Failure to report any occupational accident, illness or injury in a timely manner	W	S
Insubordination (e.g., unjustified refusal to perform work)[1]	D
Harassing conduct	D
Disruption in the workplace	W	S	D
Failure of an employee seeking or receiving workers’ compensation benefits to cooperate in medical treatment or any other part of the workers’ compensation claim or rehabilitation process such as: failing to keep scheduled appointments or failing to follow a medical treatment plan	W	S	D
Furnishing fraudulent information in obtaining employment benefits, including workers’ compensation benefits	D
Failing to return to light duty if light duty is offered by the Employer and the employee is qualified and the work is within the range of employee’s medical clearance to return to such work.	W	D

W=Warning; S=Suspension; D=Discharge

^[1] Supervisory personnel includes sub foremen, foremen, and other supervisory personnel.

 

 

 

                SECTION XXV – GRIEVANCE AND ARBITRATION PROCEDURE

Paragraph 81: Grievance and Arbitration Procedure

(i)                 A.        Grievances are defined as disputes about the interpretation or application of this Agreement and alleged violations of this Agreement.

(ii)               B.        Grievances shall be presented to the Employer in writing (specifying contract section violated, detailed description of the alleged grievance and relief sought) within seven (7) calendar days from the date of occurrence.  If such notice is not given to the Employer within seven (7) calendar days of the occurrence of the facts upon which such complaint is based, then it shall be deemed waived and abandoned and shall not thereafter form the basis of a grievance between the parties hereto.

(iii)             C.        The grievance shall first be taken up with the immediate supervisor of the grievant.  The supervisor will have five (5) business days to return the grievance with an answer to the steward.  The steward will have five (5) business day to refer the grievance to the department head.  The department head shall have five (5) business days to return the grievance with an answer to the steward.  The steward will have five (5) business days to refer the grievance to the Human Resource Manager.  The Human Resource Manager shall have five (5) business days to answer and return grievance to the union office.  While the time limits in this paragraph (81C) should be met by both sides, failure to do so will not constitute a waiver or default of the party’s position in the grievance.

(iv)              

(v)                

Paragraph 82: Arbitration

(i)                 A.        Arbitration may be demanded by serving notice thereof on the Chief Local Executive of the Employer in the plant concerned and upon the General President of the International Union.

Failure of the union to request arbitration within one (1) year of the filing of the grievance shall constitute a waiver and abandonment of the grievance.

(ii)               B.        Within ten (10) days from the receipt of such notice, the Employer and the Union shall select a mutually satisfactory arbitrator to hear and determine the dispute.  If after ten (10) days from the receipt of notice, the parties cannot agree on the selection of an arbitrator, then the arbitrator shall be selected from a panel of not less than seven (7) names supplied by the Federal Mediation and Conciliation Service, the California State Mediation Service, or the American Arbitration Service.

(iii)             C.        The arbitrator shall have no power to add to, or subtract from, or modify any of the terms of this Agreement, nor shall he substitute his discretion for that of the Employer or the Union, nor shall he exercise any responsibility or function of the Employer or the Union.  The arbitrator shall have authority to interpret wage rates and the application thereof, but he shall have no authority to create new wage rates.

(iv)             D.        The decision of the arbitrator shall be final and binding on all the parties involved and in such controversy or grievance and shall conclusively determine the dispute.

(v)               E.        Each party shall bear the cost of presenting its own case.  The fees and expenses of the arbitrator shall be equally divided between the Union and the Employer.  If the arbitration is canceled, the cancellation fee shall be borne by the party canceling the arbitration.

Paragraph 83: International Union Involvement.  In the event the International Union regards a grievance to be of sufficient importance, such grievance may be instituted and processed by the International Union, with the requirements regarding the initial filing, and the arbitration step must be followed.  Time limits may be extended by mutual agreement between the International Union and the Employer.

Paragraph 84: Time Limits.  Time limits set forth herein shall equally bind each party to this Agreement.  Any time limit may be extended for a fixed period of time if mutually agreeable to the Union and Company.  Any agreed upon time extension shall be noted and signed by the Company and Union representatives on the grievance form.

                                           SECTION XXVI – NO STRIKE/NO LOCKOUT

Paragraph 85: There shall be no strike, sympathy strike, walkout, picketing, slowdown or any other interruption of work by the Union or by any employee (or group of employees) during the term of this Agreement.  In consideration for this commitment by the Union, the Employer shall not lock out employees.  It is understood and agreed that, in the event of a dispute between the Employer and the Union concerning the interpretation of any provisions of this Agreement, before the Union resorts to any strike or the Employer resorts to any lockout, such dispute shall be submitted to arbitration in the manner hereinabove set forth.  However, the refusal of either party to this Agreement to submit to arbitration or refusal of either party to abide by the decision of any arbitrator, shall be deemed an unfair labor practice and the other party shall be free to take whatever action or actions it deems necessary to safeguard and protect its best interests.

 

                                    SECTION XXVII – ALCOHOL AND DRUG TESTING

Paragraph 86: The Winery Employers Association Drug and Alcohol Testing program, from the 1995-1998 Agreement, attached hereto, is adopted and made a part of this Agreement as though fully set forth herein.

                                    SECTION XXVIII – TERMINATION OF CONTRACT

Paragraph 87: This Agreement shall become effective as of April 1, 2008, and shall remain in full force and effect until midnight, March 31, 2012, 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.

Paragraph 88: This Agreement shall insure to the benefit of and shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.

                                                            SECTION XXIX – GENDER

Paragraph 89: Whenever the masculine gender is used in this Agreement, it shall include the female and wherever the female gender is used in this Agreement, it shall include the male.

 

 

 

 

 

                                        IN WITNESS WHEREOF, this contract, signed and executed  this 14^th  day of  August,  2008.

 

WAGE SCHEDULE

New Class Code	Description	Class code	2008	2009	2010	2011
11	Maintenance Supervisor	110	26.82	27.62	28.59	29.45
10	Maintenance Working Supervisor	111	25.29	26.04	26.96	27.76
	Master Machine Specialist	101	25.29	26.04	26.96	27.76
9	Working Foreman	211	23.97	24.69	25.55	26.32
	Maintenance Technician-Electricians	221	23.97	24.69	25.55	26.32
8	Process Maintenance Mechanic	312	22.87	23.56	24.38	25.12
7	Process Operator A	412	22.87	23.56	24.38	25.12
6	Sub-foreman	711	21.24	21.88	22.64	23.32
5	Process Operator B	812	21.50	22.14	22.92	23.60
4	Clamp/Lift Operator/Checker,         Stores and Material Handler , Clamp/Lift Operator, warehouse Sanitation Worker	912	20.54	21.16	21.90	22.56
3	Skilled Machine Operator	1112	19.94	20.54	21.26	21.90
3	Skilled Machine Operator (hired after 5-9-00)	1116	14.99	15.44	15.98	16.46
3	Filled Case Handler	1122	19.94	20.54	21.26	21.90
3	Filled Case Handler (hired after 5-9-00)	1126	14.39	14.82	15.34	15.80
3	Bottling Sanitation Worker	1142	19.94	20.54	21.26	21.90
3	Bottling Sanitation Worker (hired after 5-9-00)	1146	14.99	15.44	15.98	16.46
3	Label Room Person	1112	19.94	20.54	21.26	21.90
3	Label Room Person (hired after 5-9-00)	1116	14.99	15.44	15.98	16.46
2	Racker and Blender	1212	19.94	20.54	21.26	21.90
2	Racker and Blender (hired after 5-9-00)	1216	15.10	15.55	16.10	16.58
1	GWW (hired on or after 5-30-96)	1325	13.02	13.41	13.88	14.30
	GWW (hired on or after 5-9-00)	1326	12.00	12.36	12.79	13.18
1A	General Light Winery Worker (hired on or before 7-31-84)	1712	16.35	16.84	17.43	17.96
	GLW (hired on or after 8-1-84)	1721	12.00	12.36	12.79	13.18

 

* To qualify for Machine Operator rate, the operator shall be responsible for the complete operation, including the adjusting of said machine.  Present operators shall not be reduced in pay because of this description.  Machine Operators will make minor machine adjustments to equipment and be assigned minor tasks on equipment, in addition to normal operation.

 

 

PREFACE FOR MAINTENANCE JOB DESCRIPTIONS

The inherent nature of maintenance work is such that the job content requirements of maintenance tasks may vary from day to day within any given area.  It is, therefore, readily understood that irrespective of the fact that specific detail of the tasks may not be delineated in the Position Description it, nevertheless, is a part of the maintenance position.

MAINTENANCE TECHNICIAN

Under the direction of management, assume complete responsibility for maintenance, proper operation, repair, overhaul and construction of all bottling room or plant machinery and equipment and fabricate process or special purpose equipment.  Must have the capability of independently investigating and analyzing causes of equipment failure and malfunction of bottling room or plant equipment and machinery, and take the necessary corrective action.

 

SKILLED MAINTENANCE MECHANIC

A skilled Maintenance Mechanic who, under direction, is capable of diagnosing, analyzing and investigating causes of malfunction of bottling line or plant equipment and machinery, and is capable of maintaining or constructing bottling line or plant equipment, being proficient at utilizing one or more skills; such as welding, plumbing, masonry, electrical work, pipe-fitting, trouble shooting, painting and sandblasting.

 

RACKER/BLENDER

Racker/Blender classifications may drive forklifts (when certified) to move Cellar materials relating to Racker/Blender job functions.

 

DRUG AND ALCOHOL TESTING PROGRAM

I.          POLICY

The Company is concerned about the use of alcohol and controlled substances in or affecting the work environment.  Use, and particularly abuse, of alcohol and/or controlled substances on the job adversely affects an employee's efficiency, safety and health and therefore impairs his/her value as an employee.  In addition, it constitutes a potential danger to the welfare of other employees, and exposes the Company to risks of property loss/damage, or injury to other persons.

Therefore, it is the policy of the Company that no employee will be allowed to work who misuses prescription drugs or who possesses, distributes, sells, offers to sell or distribute, uses or who has a forensically acceptable positive quantum of proof (as set forth herein) of any drug, controlled substance or alcohol in his or her body.  Any employee who violates this policy is subject to immediate discharge.

This policy is applicable to all employees of the Company.  The requirements of this procedure will also be applied to all employees reporting a potential or actual industrial injury, any employee who contributed to or directly caused an occupational accident, or any employee suspected of being under the influence of controlled substances or alcohol while working.

II.         DEFINITIONS

A.        For purposes of this policy, an employee shall be considered "on the premises" whenever he/she is:

(1)       On company property, including parking lots,

(2)       At a job site,

(3)       Driving or riding as a passenger in a Company vehicle or a private conveyance for which the Company has authorized reimbursement.

B.        "Drug" or "controlled substance"–any substance or medication that will modify one or more of the normal body functions when administered to an individual (i.e., coordination, reflexes, vision, mental capacity or judgment, etc.).

C.        "Alcohol"–an intoxicant from fermented or distilled liquors.

III.        PROCEDURE

In order to eliminate the safety risks which result from being under the influence of alcohol or drugs, the parties have agreed to the following procedures:

In cases in which an employee is acting in an abnormal manner and the Employer has 'probable suspicion' to believe that the employee is under the influence of controlled substances and/or alcohol, the Employer may require the employee (in the presence of a Union Shop Steward, if possible) to go to an on-site or off-site medical clinic, medical office or dispensary to provide a urine specimen for laboratory testing.  Probable suspicion means suspicion based on specific personal observations that the Employer representative can describe concerning the appearance, behavior, speech, or breath odor of the employee or the observation of drug related paraphernalia.  An employee's involvement in an industrial accident or injury constitutes probable suspicion, regardless of whether reported at the time of the injury or thereafter.  Except for suspicion based on an industrial accident, suspicion is not probable and thus not a basis for testing if it is based solely on third-party observation and reports except where the third part report is reliable and the employer representative is not immediately available.  If requested, the employee will sign a consent form authorizing the clinic, office or dispensary to collect a urine/blood specimen and release the results of the laboratory testing to his/her Employer.

When an employee is asked to submit to a drug test and/or alcohol test, he/she shall be informed of the reasons he/she is being asked to submit to the test.  The employee shall be informed that refusal to submit to the testing will constitute a non-rebuttable presumption of intoxication and subject the employee to discipline up to and including discharge.  It is understood that said presumption will be raised if the employee refuses testing and if the Company had reasonable grounds for testing in the first place.

If the employee consents to testing, he/she shall sign a form of consent authorizing the withdrawal of a specimen of urine and/or blood and a release of the results of the laboratory testing to the Employer, but this shall not constitute a waiver of any claim or cause of action under the law.

In some cases, the employee may be unable to provide a urine sample.  After a reasonable waiting period (not to exceed one hour), the Employer and/or the clinic and/or laboratory and/or physician may proceed with drawing and testing a blood sample.

IV.       CHAIN OF POSSESSION PROCEDURES

At the time a specimen is collected, the employee shall be given a copy of the specimen collection procedures.  The specimen must be immediately sealed, labeled, and initialed by the employee to ensure that the specimen tested by the laboratory is that of the employee.  The required procedure is as follows:

1.         Urine specimen shall be collected in a tamper-resistant urine container.  Alternatively, the urine specimen may be collected at the employee's option, in a wide-mouthed clinic specimen container which shall remain in full view of the employee until transferred to, sealed and initialed in a tamper-resistant urine container.

2.         Immediately after the specimen is collected, the urine container shall, in the presence of the employee, be labeled and then initialed by the employee.  If the sample is collected at a clinic that does not perform the actual testing of the sample, the specimen shall be placed in a transportation container.  The container shall be sealed in the employee's presence and the employee will be asked to initial or sign the container.  The container shall be sent to the testing laboratory on the earliest business day by the fastest available method.  The same procedure shall apply to blood testing.

The parties recognize that the key to chain of possession integrity is the immediate labeling and initialing of the specimen in the presence of the tested employee.  If each container is received at the laboratory in an undamaged condition with properly sealed, labeled, and initialed specimens, as certified by that laboratory, the Employer may take disciplinary action based upon properly obtained laboratory results.

V.        DISCIPLINARY ACTION   

The Employer may take disciplinary action based on the test results as follows:

A.        If the test results show a forensically acceptable positive quantum of proof of cocaine, heroin, PCP, LSD, barbiturates, amphetamines, or any other controlled substance (excluding marijuana) or the presence of a forensically acceptable amount of metabolites of the above-mentioned substances, said results shall constitute just cause for immediate discharge.

B.        If the initial test results meet or exceeds 50 nanograms cannabinoids and/or total cross-reactive cannabinoids or the equivalent depending on the methodology used by the laboratory and of the metabolites measured, and is confirmed with a second test using a different methodology, said results shall constitute just cause for immediate discharge.

C.        If the probable suspicion test results of blood specimens by gas chromatography/mass spectrometry show marijuana concentrations as set forth in Section VI, the employee shall be subject to discharge.

D.        If the test results show a concentration in the person's urine equal to or above the equivalent of .05 percent by weight of alcohol in blood, said results shall constitute just cause for immediate discharge, subject to the provisions of the Rehabilitation Section herein.

E.        If the employee is convicted of driving under the influence of alcohol while operating a Company vehicle, said conviction shall constitute just cause for disciplinary action, up to and including immediate discharge.

VI.       LABORATORY REQUIREMENTS

A.        Urine Testing

The laboratory will be instructed to test each sample using an appropriate initial screening test methodology (e.g., immunoassay).  If the initial test is positive, then a confirmatory test using a different methodology (e.g., gas chromatography/mass spectrometry) will be performed on the same sample.  The threshold level for cannabinoids in the initial screening test if fifty (50) or more nanograms of cannabinoids and/or total cross-reactive cannabinoids per milliliter of urine or the equivalent depending on the methodology of the test and the metabolites.

B.        Blood Testing

Where blood specimens alone are obtained, the blood/serum must be analyzed using appropriate methodology such as gas chromatography/mass spectrometry.

If a blood specimen is tested for cannabinoids, it will be reported as positive under any of the following results obtained after testing blood specimens by gas chromatograph/mass spectrometry:

1.         the blood/serum contains at least 2 and up to 5 nanograms THC/ml and at least 10 nanograms THC metabolites/ml;

2.         the blood/serum contains at least 5 or more nanograms THC/ml, regardless of the THC metabolite concentration; or

3.         the blood/serum contains 20 or more nanograms THC metabolites/ml, regardless of THC concentration.

If none of the above blood marijuana findings results are obtained, a "negative" finding shall be reported.

C.        Specimen Retention

All specimens deemed positive by the laboratory according to the prescribed guidelines must be retained at the laboratory for a period of six (6) months.

D.        Approved Testing Laboratories

The laboratories used must be able to perform all the required testing procedures for probable suspicion under one roof to maintain chain of possession integrity.  The parties agree to mutually establish a list of approved laboratories.  The parties also agree to retain the right to audit and inspect the individual laboratories to determine conformity with the laboratory requirements as established herein.

E.        Prescription and Non-Prescription Medications

The employee shall note, on a form furnished by the Employer and/or clinic and/or laboratory and/or physician, the use of any prescription or nonprescription medications before any test is given.  The Employer may require the employee to provide evidence that a prescription medication has been lawfully prescribed by a physician.  Through the use of the above described laboratory procedures, the laboratory will report significant presence of all prescription and nonprescription medications.  If an employee is taking a prescription and nonprescription medication in the appropriate described manner and has noted such use, as provided above, he/she will not be disciplined for such.  Medications prescribed for another individual, not the employee, or prescribed for the employee but not used in the manner as prescribed, shall be considered to be illegally used and subject the employee to discipline.

VII.      CONFIDENTIALITY

There will be up to two persons in the personnel department of each plant who will be designated to receive testing results.  They will notify medical and other Company managers strictly on a need-to-know basis.

No laboratory reports or test results shall appear in an employee's personnel folder. Information of this nature will be included in the medical file.  The inside cover of the personnel folder will contain a marker to show that this information is contained elsewhere.

VIII.  REHABILITATION

A.        An employee found to be under the influence of alcohol at work will be permitted the opportunity to enter a rehabilitation program for treatment of abuse of alcohol.

B.        An employee shall be permitted the opportunity to enter a drug abuse treatment program, provided the employee requests to enter the program at a time when he is not under investigation for being under the influence of drugs at work.

C.        Employees shall be allowed only one opportunity to enter into a treatment program, provided that if within ninety (90) days following the conclusion of the initial period of treatment the employee voluntarily requests an opportunity for a second course of treatment because the first one was unsuccessful, and the employee is at that time not under investigation for being under the influence of alcohol and/or drugs at work, the employee shall be allowed to submit himself for a second course of treatment.

D.        To be eligible for return to work, the employee must complete, to the full satisfaction of the rehabilitation clinic or counselor, the required course of treatment, and the employee must, to the satisfaction of the rehabilitation clinic or counselor, continue with all post-program follow-up care, therapy, meetings, consultations, tests and evaluations.

E.        Each rehabilitation program must be approved by the Company for the employee to be validly enrolled therein.

F.         Upon complying with the conditions set forth in Paragraphs D and E above, the employee shall be eligible to return to work under the conditions outlined in this Paragraph.

1.         The employee shall be placed on a probationary period of one year, during which time the employee is subject to discharge without recourse to the grievance procedure in the event of any violation of Section I.  POLICY, of the Drug and Alcohol Testing Program.

2.         The employee further agrees to sign a separate waiver of the right to bring any action against the Employer before any administrative agency or court arising out of a discharge as described herein.

3.         The employee may be reassigned from his position to an equal or lower paying position where, in the discretion of the Company, the continuation of the employee in his former position presents a potential danger of injury to the employees involved, or other employees who work with or in the area of the employee, or the risk of damage to Company property, facilities or equipment.

4.         The employee agrees to submit to such random drug testings as may be required or requested by the rehabilitation program, counselor or clinic, and up to six (6) random tests as requested by the Company at any time during the employee's one-year probationary period.

G.        The foregoing agreement to permit employees to enroll in a rehabilitation program is inapplicable to any employee who is discovered to be consuming, selling, offering to sell or distribute, distributing, or in possession of alcohol or illegal drugs.  This agreement to submit employees to rehabilitation is not applicable to any employee who, while under the influence of alcohol or illegal drugs, is involved in an accident involving injury to any person, including the employee, or damage to property.  Finally, this agreement to submit employees to rehabilitation is not applicable to any employee determined by the rehabilitation program, clinic or counselor not to have a problem or habit with alcohol or drugs or who is deemed not to be able to benefit from a rehabilitation program.

H.        Employees who are not eligible for rehabilitation but found to have violated Section I.  POLICY, shall be subject to discharge in accordance with the provisions of the Drug and Alcohol Testing Program.  Employees who do not successfully complete the program or violate the provisions of follow-up care are subject to discharge.

 

 

 

                                            SENIORITY SUPPLEMENT

 

1.         Acquisition of Seniority

Employees shall acquire seniority after seventy five (75) continuous working days of employment, and said employees' seniority shall revert back to date of original hire.  However, if there is any interruption during the first seventy five (75) working days of employment, the employee shall acquire seniority after the first seventy five (75) days worked within one hundred and eighty (180) days of the date of hire, provided that the employee is at the time actively on the payroll; otherwise, employees who fail to acquire seniority as hereinabove provided shall acquire seniority, subject to the provisions of Paragraph 5 of this Supplement, immediately upon return to active payroll.

2.         Transfer Within Plant

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

3.         Departmental Operations

In those plant which have established, or hereafter establish, a departmental operation, seniority for the purposes of layoff and recall shall be established on a plant seniority basis within those departments which then exist at each Employer's facility.  There shall be no requirement that there exist a working foreman in each department at those plants where such is presently required.  This shall not displace any incumbent working foreman.

4.         Permanent Shifts

In those plants which have established permanent shifts (or hereafter establish permanent shifts) 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 Paragraph 9 of this Agreement.

5.         Breaking of Seniority

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.

6.         Seniority Lists

The Employer will post a seniority roster showing the seniority standing of each employee the last day of each quarter.  A copy will be mailed to the local union office.  Any objections to the seniority roster shall be registered in writing within fifteen (15) calendar days of posting to the Human Resource Office.  The seniority roster will be deemed correct and all will be officially adhered to for all seniority applications.  If objections are registered, a corrected list is to be posted.

7.         Reduction In Work Force

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 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.  The employee is required to move down through the highest classifications held by employee.  The employee will be required to perform the job duties of the classifications within a reasonable amount of time.  The Employer will give an employee a reasonable amount of time to demonstrate their skills.

            (b)       To be placed on layoff.

 

8.         Temporary Layoffs

When reducing the workforce due to conditions beyond the control of the company which are temporary in nature, including those specified in Paragraph 33 of this Agreement, not exceeding one (1) working day, employees within the department affected will be laid off and returned to work by their plant seniority in their classification, department, and shift.

By mutual agreement between the Employer and the Local Union, this time period can be extended.

9.         Shift Preference

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 until changed by the employee submitting a new Shift preference Application form to the Human Resources Department.  Qualified employees with an active Shift Preference Application form will be transferred in one week blocks 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:

No employee shall have a new Shift Preference Application acted upon more than once every two (2) months to declare his/her preferred shift (first, second, and third); graveyard shift, day shift and swing shift.

Employees unable to remain in their classification due to a reduction in work force shall be bumped down in classification while remaining on their shift.         

Seniority shall prevail in the assignment of employees for shift preference by departments.

An employee may hold seniority and be qualified in one or more jobs in the same or different departments.

Once the employee has declared his/her first preferred shift, the employee will be scheduled into the department by seniority and by classification.

The employee must work his/her highest classification, including overtime hours on the shift they are currently working.

If the employees does not have sufficient plant seniority to remain on the first preferred shift, the employee shall be moved to their second preferred shift, and to the highest classification they hold and is now being occupied by a more junior employee.

If the employee does not have sufficient plant seniority to remain on the second preferred shift, the employee shall be moved to their third preferred shift, and to the highest classification they hold and is now being occupied by a more junior employee.

If there is no work available for the employee in their home department, the employee will be scheduled in the next department at their highest classification by shift preference as described above.

Adjustments in the schedule would be made at the beginning of the week and continue throughout the balance of the week.  Adjustments would not be made for unscheduled absenteeism.  For example, if a machine operator was scheduled and calls in sick, the Employer would not be obligated to transfer an employee to the vacancy from another shift if a qualified employee is already working on that shift.  The temporary vacancy would be filled by the most senior employee on that shift who is qualified to perform the vacant job.

If the unscheduled vacancy cannot be filled by a qualified employee already working on that shift, the Employer will call in the most senior qualified employee from the "on-call list".

Should there be no qualified employee on the first preferred shift or on call, the Employer will move to the second preferred shift.  Should there be no qualified employee on the second preferred shift or on call, the Employer will move to the third preferred shift.

Lack of availability while being "on-call" will result in the employee being ineligible for call-in for any other shifts in that work day and will be considered as an instance of absenteeism and will result in an attendance infraction.

The Employer agrees that plant seniority shall prevail in the assignment of Employees shifts.  However, it is recognized that it is impossible to operate the company's facilities with all of the senior employees on one shift.  The parties agree, therefore, that shift preference alone cannot be the sole determining factor in the assignment of employees to shifts.

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 Company retains the right to determine the time required (not to exceed thirty (30) 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 any event no later than the beginning of the succeeding workweek and, in any event, before a new employee or less senior transferred employee is permanently assigned to that shift.

Employees in the exercise of their shift preference will not be allowed to change shifts during the workweek for the purpose of obtaining overtime.

 

 

SIDE LETTER – UNIFORMS

 

The Company agrees to provide a voluntary uniform program for those employees who wish to participate in this plan as outlined by the company for one year.  The Company has the sole discretion to add to, modify or to terminate the program at any time. The Company will select an independent contractor for the uniform program, and will act solely as a transfer agent.  The business transaction is conducted between the individual and the vendor; not between the Company and the vendor. The Company is not responsible for any clothing should the participant terminate his/her employment. All participants must sign a payroll deduction/authorization form for the costs for participation in the program, as well as an authorization to deduct from the payroll a reasonable deposit as security for the return of any item, and to deduct from the employee's last check the cost of any unreturned uniform(s). All participants must agree in writing.  If there is to be any change in the employee's order that can be implemented within the program, it can only be done as scheduled every 90 days. The Company will collect the monies from the payroll deductions and will issue a monthly check to the vendor. Any problems such as service, lost uniforms, damaged uniforms and any special costs must be settled between the individual and the vendor.  The Company has absolutely no liability with regard to the uniforms. Any participant in the uniform program must remain in the program for one (1) year.