Agreement between Associated Produce Distributors and United Farm Workers of America, AFL-CIO, September 1, 1984 to August 31, 1987 : electronic version.
|AGREEMENT BETWEEN ASSOCIATED PRODUCE DISTRIBUTORS AND UNITED FARM WORKERS OF AMERICA, AFL-CIO|
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This Agreement and Supplemental Agreements attached hereto are between Associated Produce Distributors, hereinafter called "the Company", and the United Farm Workers of America, AFL-CIO, hereafter called "the Union." The parties agree as follows:
A.) The Company does hereby recognize the Union as the sole labor organization representing all the Company's agricultural employees (hereinafter called "workers") in the unit set forth in the Agricultural Labor Relations Board's certification and the Case No. 75-RC-64-M. In the event the Agricultural Labor Relations Board certifies other employees not here included within the certified unit, such additional employees shall be included under the terms of this Agreement. The term "worker" shall not include office and sales employees, security guards, and supervisory employees who have the authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other workers, or the responsibility to direct them or adjust their grievances, or effectively recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.
B.) The Company agrees that no business device including joint ventures, partnerships or any other forms of agricultural business operations shall be used by the Company for the purpose of circumventing the obligations of
- 2 -this Collective Bargaining Agreement.
C.) The Company further recognizes the rights and obligations of the Union to negotiate wages, hours and conditions of employment and to administer this Agreement on behalf of covered workers.
D.) Neither the Company nor its representatives will take any action to disparage, denigrate or subvert the Union. Neither the Union nor its representatives will take any action to disparage, denigrate or subvert the Company.
E.) Neither the Company nor its representatives will interfere with the right of any worker to join and assist the Union. The Company will make known to all workers that they will secure no advantage, nor more favorable consideration nor any form of special privilege because of non-participation in Union activities.
F.) The Company will make known to all workers, supervisors and officers, its policies and commitments as set forth above with respect to recognition of the Union and will encourage workers in the bargaining unit to give utmost consideration to supporting and participation in collective bargaining and contract administration functions.
A.) Union membership shall be a condition of employment. Each worker shall be required to become a member of the Union immediately following five (5) continual days after the beginning of employment, or five (5) days from the date of the signing of this Agreement, whichever is later; and to remain a member of the Union in good standing.
- 3 -Union shall be the sole judge of good standing of its members. Any worker who fails to become a member of the Union within the time limit set forth herein, or who fails to pay the required initiation fee, periodic dues or regularly authorized assessments as prescribed by Union or who has been determined to be in bad standing by the Union pursuant to the provisions of the Union constitution shall be immediately discharged or suspended upon written notice from the Union to the Company, and shall not be re-employed until written notice from the Union to the Company of the worker's good standing status.
B.) Company agrees to furnish to Union in writing, within one (1) week after the execution of this Agreement, a list of its workers giving the names, addresses, social security numbers and type of job classification.
C.) Company agrees to deduct from each worker's pay initiation fees, all periodic dues, and assessments as required by Union, upon presentation by the Union of individual authorization signed by workers, directing Company to make such deductions. Company shall make such deductions from workers' pay for the payroll period in which it is submitted, provided that it is submitted in advance of the close of the pay period, and periodically thereafter as specified on authorization so long as such authorization is in effect and shall remit monies weekly. The Company shall provide a monthly summary report as soon as possible, but not later than the twentieth (20th) day of the month following the ending date of the previous month's pay period
- 4 -containing the names of the workers, social security numbers, payroll periods covered, gross wages, total hours worked per worker, total number of workers and amount of Union dues deducted during such pay periods from each worker. Union will furnish the forms to be used for authorization and will notify the Company in writing of dues, assessments and initiation fees within five (5) days of the execution of this Agreement and five (5) days before the effective date of any change.
D.) The Company will advise new workers that it is a condition of their employment that they must become and thereafter remain members in good standing in the Union immediately following five (5) continual days after the beginning of their employment. The Company shall furnish workers membership applications and dues checkoff authorization forms as provided by the Union.
E.) Union shall indemnify and hold Company harmless from and against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of action taken by Company for the purpose of compliance with any of the provisions of this Article.
F.) In the event that the Company files in bankruptcy or Chapter 11 proceedings, it will notify the Union of such action and shall list the Union as a separate credit or qualified as a priority claim pursuant to the Bankruptcy Act. Notification to any of the Plans or Funds shall not constitute compliance with this Article.
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A.) The Union shall operate and maintain a facility whereby Company may secure new or additional workers. The Union will notify Company of the address and phone number of each facility nearest each operation of the Company and the name of the person in charge of the facility.
B.) Company recalls of seniority workers shall be pursuant to Section F of Article 4. Workers returning to work on recall shall check in with the Union steward or other Union representative on the job site to verify the worker's name is on the seniority list before commencing work.
C.) Whenever at the beginning of any operating season in any area of operation of the Company, the Company anticipates the need for new or additional workers to perform any work covered by this Agreement, the Company shall, at least two (2) weeks prior to the date of anticipated need for such workers, notify the facility of the Union designated in Section A in writing, stating the number of workers needed, the type of work to be performed, the estimated starting date of the work and the approximate duration thereof. The Company shall notify the Union promptly of any change in estimated starting date, however, the Company shall give to the Union the exact starting date no later than forty-eight (48) hours prior to the actual date for commencement of the work.
D.) In the event, during the operating season in any area of Company operations, new or additional workers are
- 6 -needed to perform work covered by this Agreement, the Company shall notify the Union facility designated in Section A of the number of workers needed, the type of work to be performed, the date of the workers are needed, and whether the work is temporary or permanent. The Union shall be given forty-eight (48) hours notice or as far in advance as possible.
E.) When workers are requested of the Union, Union shall use its best efforts to furnish the requested number of workers. If the Union does not furnish the requested number of workers on the date requested, the Company shall be free to procure needed workers not furnished by the Union from any other source. If the Company secures workers under the provisions of this paragraph, the Company will make available to Union, in writing, within five (5) days thereafter, the names, social security numbers, date hired and job classifications of all workers so hired, provided however, that the Union shall be entitled, acting on its own, to ascertain such information from such workers at any time after twenty-four (24) hours following the hiring of such workers, provided further, that work is not interrupted. Grievances relating to this paragraph shall be subject to the expedited grievance and arbitration procedure.
F.) When Company requests workers from the Union facility for jobs which require skills or experience (such as tractor drivers, irrigators) the Union will refer workers who meet the job requirements. Before the Company makes a
- 7 -determination that a referred worker does not meet the job requirement, the supervisor will fully explain the job duties and requirements and give the worker a reasonable time to meet the job requirements. Discharges shall be subject to the procedures of Article 8 - Discipline and Discharge.
G.) It is essential that the Union has advance notice of any lay-off, so it may plan utmost utilization of available workers. Accordingly, the Company will notify Union seven (7) days in advance of any layoff, or as soon as possible, prior to any layoff.
H.) When laying off seniority workers, the Company shall attempt to give reasonable notice to the estimated layoff date. Workers other than harvesting crew workers shall be given at least twenty-four (24) hours notice prior to a layoff at the end of any season.
I.) In the event that it is necessary to lay off workers before they acquire seniority, it is understood that if such workers are referred or dispatched by the Union to the employer from which they were laid off, that such workers will be given work opportunity by the Company on the same basis as any other non-seniority worker.
A.) After a worker has worked for the Company at least fourteen (14) work days within the preceding ninety (90) calendar days, he shall acquire seniority on the fourteenth (14th) day of work retroactive to his date of hire. Whenever a commodity or crop season is less than
- 8 -twenty-eight (28) calendar days, a worker shall acquire seniority provided he works one-half (½) the number of days in the season. It is understood that the days prior to acquiring seniority do not establish nor shall be a probationary period. There shall be no layoffs for the purpose of circumventing acquisition of seniority.
B.) The seniority system set forth herein encompasses the principles Company seniority and classification seniority.
- 9 -classification seniority has been broken.
C.) Seniority shall be lost for the following reasons only:
D.) In layoff of workers for lack of work or at the end of the Company's operating season, the worker with the least seniority shall be laid off first, and in recall of workers from layoff, the workers with the highest seniority shall be recalled in their order of seniority, and the
- 10 -filling of vacancies, new jobs, promotions within the bargaining unit, demotions, shall be on the basis of seniority, provided however, the worker is able to do the work. In such cases, the supervisor will fully explain the job duties and requirements and give the worker a reasonable time to meet the job requirements.
E.) The filling of vacancies will be made as follows:
- 11 -fill the temporary vacancy shall attain the status of alternate for the job classification temporarily filled, and shall have the first opportunity to fill the same vacancy on a permanent basis or a temporary basis in the future.
Whether a worker chooses to remain in the new classification where he has filled a permanent vacancy and established new classification seniority date, or chooses to return to his former classification with his full classification seniority, he retains his Company seniority date for all other purposes such as benefit eligibility and future work opportunities within the Company.
- 12 -acquired seniority, shall establish a date of entry seniority in the classification in which he is filling a vacancy; and shall maintain his recall rights in the job classification in which he has acquired seniority when work begins or increases in that classification. A worker may choose to remain in the new classification in which he is filling a permanent vacancy, and not respond to the recall in his former classification; and, in this case he will continue to accrue seniority in the new classification beginning from his date of entry and would lose his seniority in the former classification. The worker, however, may retain his Company seniority date for all other purposes within the Company.
F.) The Company when anticipating the recall of seniority workers, shall notify the worker and the Union not less than two (2) weeks prior to the estimated starting date of the work and the approximate duration thereof. The Company shall notify the worker when to report for work allowing reasonable time to report. All such notice of recall shall be a joint recall bearing the title of the Company and the union. There shall be no recall by labor contractors. It is understood that the provisions of Article 3 - Hiring, Section B, apply to the recall of workers.
G.) The Company shall notify the Union within five (5) working days of seniority workers laid off or recalled on a
- 13 -seasonal basis, in accordance with this Article by giving the worker's name, Social Security number, seniority date, job or commodity classification, and date of recall or layoff. Grievances relating to this paragraph shall be subject to the expedited grievance and arbitration procedure.
H.) Beginning with the signing of this Agreement and each three (3) months thereafter, the Company will provide the Union with an up-to-date seniority list showing the names of each worker, his Social Security number, classification seniority date, and Company seniority date. The Company shall post a seniority list in a conspicuous place for examination by the workers and the Union Ranch Committee. The Union may review the accuracy of the list and present to the Company any errors it may find on such list. Grievances relating to this paragraph shall be subject to the expedited grievance and arbitration procedure. Seniority lists shall be administered as follows:
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I.) Seniority shall not be applied so as to displace (bump) any worker of the Company within an established crew, commodity, or area.
J.) In those operations within the Company for which the worker force is organized into crews, crews shall be formed on the basis of highest seniority within the appropriate classification related to the operation.
K.) The opportunity to work overtime and on holidays, when the Company requires such work, shall be offered in order of high seniority within the classification which the Company requires to work.
L.) A worker who has been injured on the job to the extent that medical care is required, and who has been advised by his doctor that the percentage of his disability will allow only certain types of work to be performed; and if the Company employs workers in the type of classifications that the doctor has recommended are within the worker's capability, such worker shall be entitled to assert his full Company seniority both to enter and maintain his place within such classification. If more than one job
- 15 -opportunity exists within the Company for which the injured worker is qualified, he shall be assigned to the job classification where the lowest seniority worker in the Company's employ in the event a displacement results.
M.) It is understood that the Company and the Union may agree in writing to make deviations from these seniority provisions regarding applications of seniority. In the event the Union and the Company have agreed to a local seniority provision different from Article 4 - Seniority, of the contract signed herein, the Union and the Company agree to review and revise if the agreed upon said local provision (only one (1) year after the date of signing of this agreement), if either party so requests.
This section shall become effective March 1, 1983. Until that date previous contract language as set forth in Article 5: Grievance and Arbitration shall remain in effect. The date of occurrence of grievance will determine which procedure shall apply.
A.) The parties to this Agreement agree that all disputes which arise between the Company and the Union out of the interpretation or application of this Agreement shall be subject to the Grievance and Arbitration Procedure. The parties further agree that the Grievance Procedure of this Agreement shall be the exclusive remedy with respect to any disputes arising under this Agreement, and no other remedies shall be utilized by any person with respect to any dispute involving this Agreement until the Grievance Procedure has
- 16 -been exhausted. Any claim by the Union that on the job conduct by any non-bargaining unit employee is disrupting working relations may be treated as a grievance provided that such grievance is specified in detail.
B.) The Company agrees to cooperate to make Union Stewards available to workers wishing to submit a grievance and to make the Grievance Committee of the Union available to perform their functions under this Agreement.
C.) Grievances dropped by either party prior to an arbitration hearing shall be considered as withdrawn without prejudice to the position of either party on a similar matter in the future.
D.) All time limits specified in this Article shall, except by mutual agreement, be strictly adhered to. Failure of the grieving party to comply with the time limits specified shall waive the grievance with prejudice and such grieving party shall pay the expenses and fees of the arbitrator incurred. If the party receiving the grievance fails to comply with the time limits specified such party shall be considered to have withdrawn its objections to the grievance and the grievance shall be granted in favor of the grieving party.
E.) First Step: Any grievance arising under this Agreement shall within ten (10) workdays of the occurrence of the grievance or ten (10) workdays of the discovery thereof be taken up between the Company supervisor involved and the Union Steward. They shall use their best efforts to resolve the grievance. The party receiving the grievance
- 17 -shall have two (2) workdays thereafter to respond to the grievance.
F.) Second Step: In the event the grievance is not satisfactorily resolved at the First Step the grieving party shall reduce the grievance to writing and set forth the nature of the grievance. A grievance regarding a discharge of an employee must be delivered to the other party in writing within five (5) days of the discharge. All other grievances must be delivered to the other party in writing within ten (10) workdays of the response to the grievance in the First Step. All written grievances shall include the following information:
Not later than five (5) workdays of the delivery of the written grievance, the grievance shall be discussed in a meeting between the Grievance Committee and the Company representative delegated to resolve such matters.
If the grievance is not satisfactorily resolved in such meeting, the party receiving the grievance shall give a written response to the other regarding its position, including reasons for denial, within ten (10) workdays from the close of the Step Two meeting.
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A Union representative may fully participate in the Second Step grievance meeting.
G.) Step Three: If the grieving party is not satisfied with the written response, it must file a written notice to the other party within thirty (30) workdays of the receipt of such written notice.
If timely written notice of appeal is given, the matter shall be referred to arbitration. The arbitrator shall consider and decide the grievance referred to him.
The arbitrator shall not have the authority or jurisdiction to modify, add to, or detract from, or alter any provision of this Agreement. Within that limitation among other things he shall have authority to award back pay for any loss of earnings from the Company including the right to revoke any form of discipline including discharge. He shall also have the authority to apply the Agreement and order compliance by all parties within the terms of the Agreement.
The arbitrator in his discretion may render a bench decision, or may allow briefs, but in any event shall issue a decision in writing to the parties within fifteen (15) days after the date of the close of the hearing sessions.
The decision of the arbitrator shall be binding on the Company, the Union and the workers.
All expenses and fees of the arbitrator shall be borne by the losing party. If a question arises as to who is the losing party of the arbitration, the arbitrator shall determine who pays expenses and fees of the arbitrator.
- 19 -Each party shall pay the cost of presenting its own case.
H.) Selection of the Arbitrator: Within 30 work days of the signing of this Agreement the parties shall prepare a list of arbitrators to be used for the duration of this Agreement. The parties shall prepare such list from panels requested from the State Conciliation Service and/or the Federal Mediation and Conciliation Service.
Within seven (7) workdays of the notice of referral to arbitration the parties shall meet to select an arbitrator for that grievance. If the parties cannot agree upon the selection of an arbitrator then they shall alternately strike names from the list of arbitrators mentioned above. The party to strike first shall be selected by a coin toss. The arbitrator remaining after each party has alternately struck names shall be the arbitrator designated for that grievance.
Immediately upon selection of an arbitrator the appropriate letter shall be sent to the arbitrator to arrange for dates and places for the arbitration. If the arbitrator cannot hear the grievance within ninety (90) workdays of the receipt of such letter the parties may, at the request of either party, meet to select another arbitrator who can hear the grievance at a sooner date.
I.) Expedited Grievance and Arbitration: The parties agree that the primary purpose of the grievance procedure is to resolve grievances as speedily as possible and to maintain good relations between the Union, the Company, and the workers.
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It is recognized that there are times and there are certain issues that may arise, wherein it is to the best interest of all concerned to have a resolution of the matter more quickly than provided in the above procedure.
Accordingly, it is agreed that grievances specified elsewhere in this Agreement as subject to the expedited Grievance and Arbitration Procedure may at the request of the grieving party and with written notice to the other party be expedited to arbitration.
After such a grievance has been reduced to writing, the grieving party may request and there shall be a Second Step meeting within two workdays and the responding party will immediately provide its answer in writing, if denied, setting forth the reasons for denial. The grieving party may then request, with notice to the responding party, that the grievance be referred to the arbitrator within three (3) workdays from the written responsive answer. If such a grievance is presented to the arbitrator, it is agreed that it will take precedence, as to investigation, hearing date, and issuance of decision over any other case.
J.) The arbitrator may make a field examination in any case he deems it advisable.
K.) In the event that any dispute causes a work interruption of any kind, the parties agree to make an immediate joint effort to end such interruption which may include contacting the arbitrator. The arbitrator shall order an end to such interruption, personally, if possible, or by telephone, and shall immediately attempt to resolve
- 21 -the dispute. This in no way alters the obligation or liability of either party under the collective bargaining agreement.
A.) There shall be no strikes, slowdowns, boycotts, interruptions of work by the Union nor shall there be any lockout by the Company.
B.) If any of said events occur the officers and representatives of the Union and/or Company, as the case may be, shall do everything within their power to end or avert such activity.
C.) Workers covered by this Agreement shall not engage in any strike, slowdown or other interruption of work, which action is not approved by the Union.
A.) Duly authorized and designated representatives of the Union shall have right of access to Company premises in connection with conduct of normal union affairs in administration of this Agreement. In the exercise of the foregoing, there shall be no unnecessary interference with the productive activities of the workers.
B.) Before a union representative contacts any of the workers during working hours, he shall notify the Company that he is on the premises.
C.) The Union shall advise the Company of the names of its duly authorized and designated representatives.
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A.) The first five (5) work days of employment for a new non-seniority employee shall be considered as a probationary period. The Company may discharge such a new employee during this five (5) work day period for poor work performance or any other non-discriminatory reason and such employee shall not have recourse to the grievance and arbitration procedure in order to dispute the charge.
B.) The Company shall have the sole right to discipline and discharge workers for just cause, providing that in the exercise of this right it will not act in violation of the Agreement. No worker shall be discharged or suspended except for just cause.
C.) Prior to any discharge or suspension, the Company shall notify the steward or other union official and such union representative shall have the right to be present when formal charges are made, if they so desire. Provided, however, if a situation occurs in a remote area, wherein the Company deems it necessary to take action and no steward or Union representative is available, the Company may take action and must give written notice within the time limit in Paragraph D below.
D.) The steward or other Union representative shall have the right to interview workers in private.
Within forty-eight (48) hours after any discharge or suspension for just cause the Union representative will be notified in writing the reasons for such discharge or suspension.
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E.) Individual performance in relation to piece rate, or incentive plan, shall not be conclusive evidence for the purpose of disciplining or discharging a worker. This provision shall not, however, constitute any limitation on any of the Company's rights to discharge or discipline for unsatisfactory work performance.
Discharge and other disciplinary actions are subject to the grievance and arbitration provisions of this Agreement.
In accord with the policies of Company and the Union, it is agreed that there shall be no discrimination against any worker because of race, age, creed, color, religion, sex, political belief, national origin, language spoken or union activity.
A.) Company agrees that any worker may refuse to pass through any picket line of another Company and sanctioned by the Union.
B.) No worker shall be required to perform work that normally would have been performed by workers of another Company who are engaged in a strike sanctioned by the Union.
C.) The provisions of this Article are not limitations in any way on the rights of the Company as set forth in Article 38, Grower-Shipper Contracts. The provisions of Article 14E, Health and Safety, also apply.
A.) Any worker elected or appointed to an office or position in the Union shall be granted a leave of absence
- 24 -for a period of continuous service with the Union upon written request of the Union. Ten (10) days notice must be given the Company before the worker takes leave to accept such office or position or chooses to return to work. Such leave of absence shall be without pay. Seniority shall not be broken or suspended by reason of such leave.
B.) A temporary leave of absence without pay not to exceed three (3) days for Union business shall be granted under the following conditions:
C.) A leave of absence without pay shall also be granted to workers by the Company upon workers applying to and being confirmed by the Company for any of the following reasons without loss of seniority.
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- 26 -periods. The commencement of such a maternity leave will be at the discretion of the requesting worker, provided that the procedures in this Article for requesting a leave of absence are followed.
Leaves of absence schedules, under this section, where more workers have applied for a leave of absence at the same time than can be spared by the Company, shall be allocated on the basis of seniority, with the worker having the highest seniority having first preference for that leave of absence. However, where a worker requests an emergency leave, the Union and the Company may agree to his/her leave in preference to that worker over other workers with higher seniority.
D.) All leaves of absence and extensions shall be in writing on approved leave of absence forms provided by the Company except in cases of emergencies. Such forms shall be signed by the Company representative, the worker requesting the leave, and the Union Steward or other Union representative, to signify receipt of the Union's copy. Leave of absence may be extended by the Company for a valid personal reason, if a request for such an extension is made by the worker in writing to the Company with a copy to the Union prior to the termination of the original leave. However, that a request for an extension may be submitted simultaneously with the request for leave of absence for
- 27 -valid personal reasons, if the worker has special circumstances which require additional time.
E.) Failure to report for work at the end of an approved leave of absence or accepting employment with another employer during an approved leave of absence shall terminate seniority in accordance with Article 4, Seniority.
Company agrees that all conditions of employment for workers relating to wages, hours of work, and general working conditions shall be maintained at no less than the highest standards in effect as of the date of this Agreement. Conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement.
The Union and the Company agree that during the negotiations which resulted in this Agreement they have fully negotiated and agree to the terms of the Company's contributions to the RFK Farmworkers Medical Plan and the Juan De La Cruz Farmworkers Pension Plan, that said terms of contribution as set forth herein sets forth the Company's total obligation with respect to medical and pension plans and that therefore the obligations of Article 12 do not extend to any medical and pension plan maintained by the Company prior to this Agreement.
Supervisors and other employees not included in this bargaining unit shall not perform any work covered by this Agreement, except for instruction, training and emergencies.
- 28 -This paragraph shall not be used as a basis for the purpose of avoiding the recall of bargaining unit workers from work they would normally perform.
A.) The Company and Union are interested in the health and safety of workers while working with the Company. It is understood and agreed that it is necessary in the sophisticated farming practices of today that certain agricultural chemicals must be used for the control of pests and growth of the product. Company recognizes that use of certain chemicals may be injurious to farm workers. The use of such chemicals injurious to farm workers must be such so as not to cause injury to workers. Therefore, the Company shall maintain its area office(s) and shall have available to its supervisors the following information, and shall make such information available to the Union upon request:
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B.) The Company will comply with all applicable laws relating to the health and safety of farm workers and will not use banned chemicals such as, but not limited to DDT, DDD, DDE, Aldrin and Dieldrin.
C.) When an agricultural chemical is to be applied, the Company shall advise all workers working in the immediate area prior to the application. Re-entry into treated fields shall be in accordance with label requirements. Workers shall be advised of applicable re-entry periods. No worker shall be required to re-enter a field during the prohibited period, nor shall the worker refuse to re-enter thereafter. Nothing in this paragraph shall infringe upon the right of a worker under Paragraph D and E below.
D.) Any worker who is working in an area in the immediate area where agricultural chemicals have been recently applied, and has reason to believe that his health has been adversely affected by any agricultural chemicals shall be immediately transported, at the worker's request, to the nearest medical facility for testing and treatment as determined by a doctor.
E.) No worker shall be required to work in any situation which would immediately endanger his health or safety.
F.) In accordance with law, there shall be adequate toilet facilities, separate for men and for women in the field readily accessible to workers, that will be maintained in a clean and sanitary manner. Doors on portable toilets
- 30 -shall have latches. Handwashing facilities, soap and paper towels shall be provided. The Company and Union shall agree on designated locations for toilet facilities for use by steady workers.
G.) Each place where there is work being performed shall be provided with suitable, cool, potable drinking water convenient to workers. Water shall be provided in cool cans or equivalent containers. Individual paper drinking cups shall be provided. Ice and salt tablets shall be provided by the Company during the summer.
H.) Tools and equipment and protective garments necessary to perform the work and/or to safeguard the health of or to prevent injuries to a workers person shall be provided, maintained and paid for by the Company. Workers shall be responsible for returning all such equipment that was checked out to them, but shall not be responsible for breakage or normal wear and tear. Workers shall be charged actual cost for equipment that is not broken and not returned. Receipts for returned equipment shall be given to the worker by the Company.
I.) Adequate first aid supplies shall be provided and kept in a clean and sanitary dust proof container. Each crew bus shall be equipped with a first aid kit. Each harvesting crew shall have access to a first aid kit. Each tractor driver who requests one shall be provided with a first aid kit.
J.) When a worker who applies agricultural chemicals is on the Company payroll, one base line cholinesterase test
- 31 -and other additional tests shall be taken on those workers so employed at Company's expense when organo phosphates are used and, if requested, results of said tests shall be given to an authorized Union representative.
K.) Any worker who becomes sick during working hours and requests transportation to the nearest doctor's office or medical facility shall be provided with transportation.
L.) All Company vehicles used by workers shall be maintained and operated in safe condition at all times. The Company shall provide a form for the reporting of necessary equipment repairs. The Union steward shall submit one copy of the repair notification to the foreman and retain one copy. Any equipment that needs repairs, which is reported to the Company supervisor shall be repaired.
M.) All crew buses shall be swept out daily.
N.) All Hi-Jo tractors and field forklifts shall be equipped with back-up warning devices and exhaust devices and protective cages installed so as to not cause injury to workers. All motorized equipment shall be attended to by the operator at all times when moving.
O.) Any violation of this Article shall be subject to the expedited grievance and arbitration procedure.
A.) In the event the Company anticipates the introduction of mechanical equipment new to the Company which will displace persons employed by the Company within the bargaining unit, the Company shall:
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B.) The Company shall, in addition to its obligations under Paragraph A, above, upon request, bargain with the
- 33 -Union with respect to the introduction of the new equipment. If the parties cannot agree on the introduction of such equipment at the end of the six (6) months period, the parties shall submit the dispute to arbitration in accordance with Article 5, Grievance and Arbitration Procedure. The arbitrator shall have the authority to decide all issues relating to displacement of workers as a result of the introduction of the new kind of equipment.
C.) Nothing in this Article shall restrict the Company's right to change the crops it grows or markets, to change its farming practices, or to enter into arrangements under Article 38, Grower-Shipper Contracts.
D.) Experimentation with new equipment is not introduction as described in this Article; provided all workers needed are members of the bargaining unit and no seniority workers are displaced.
The Company retains all rights of management including the following, unless they are limited by some other provision of this Agreement: To decide the nature of equipment, machinery, methods or processes used; to introduce new equipment, machinery, methods or processes, and to change or discontinue existing equipment, machinery, or processes; to determine the products to be produced, or the conduct of its business; to direct and supervise all of the employees, including the right to assign and transfer employees; to determine when overtime shall be worked and whether to require overtime.
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The parties recognize the value and importance of the Union label. The parties wish to insure that the public will not be defrauded by misuse of the Union label. Therefore, the parties agree as follows:
A.) Company will make available to the designated Union representatives, at Union's request:
B.) The Union label and Union seal are and shall remain the sole property of the Union. During the term of this Agreement, Company shall be entitled to the use of said label and seal. It is agreed that during the term of this Agreement, each shipping package or container harvested and packed by Union members, and shipped by Company, may, at the option of the Company, bear the Union label or seal. In this regard Company shall not sell, transfer, or assign its right to use said label or seal except upon written permission of Union. The color, size and placement of the label or seal on particular packages or containers shall be determined by the Company.
C.) Security Clause. In the event the Company's misuse of the Union label or seal on packages or units harvested and packed by non-union workers, it is recognized that such misuse will cause damages to the Union. In the event that the Union revokes the Union label or seal, it
- 35 -shall give reasonable notice to the Company and the Company agrees to return same forthwith, or if same cannot be returned then, on request of Union, the label or seal shall be completely obliterated on any package, container or unit.
D.) Following of industry practice with respect to exchange of sizes, mixed cars, private labels or purchase of produce to fill out an order shall not be considered "misuse" of the Union label or seal or a violation of any provision of this Agreement.
In the event a new or changed operation or new or changed classification is installed by the Company, the Company shall set the wage or piece rate in relation to the classification and rates of pay in Appendix "A" and shall notify the Union before such rate is put into effect. Whether or not the Union has agreed to the proposed rate, the Company may put the rate into effect after such notice. In the event such rate cannot be agreed upon mutually between the Union and the Company, the same shall be submitted to grievance procedure including arbitration for determination beginning at the Second Step. Any rate agreed upon or as determined by the arbitrator shall be effective from the installation of such new or changed operation.
A.) Daily Overtime
- 36 -
B.) Saturday Overtime
C.) Sunday Overtime
D.) Overtime shall be offered on the basis of highest seniority within the classification required to work overtime. If there are insufficient workers for the overtime work, the obligation to work the overtime shall fall to the highest seniority workers.
E.) To compute overtime on a piece-rate basis, all bins harvested during the overtime period shall be paid at one and one-half (1½) times the regular rate.
F.) When a worker performs work at a higher rated job than his classification, he shall be paid at the higher rate. When a worker performs work at a lower rated job than his classification, he shall be paid at the rate of his classification.
G.) When a worker is working as a trainee for qualification for a higher rated job, he shall be paid at his or her old classification rate of pay for a period not to exceed fifteen (15) work days.
H.) Meal time breaks shall be one-half (½) hour and not compensated for nor counted as hours worked under the
- 37 -provisions of this Agreement, except where meal breaks are currently longer and/or compensated, they shall be continued. Company shall not use the meal time breaks for the purpose of moving the workers to another job site, or any other related work activity.
A.) A worker who is required to report for work and does report and is furnished no work shall be paid at least four (4) hours at the General Labor hourly rate of pay, or the worker's average hourly piece rate earnings based on the preceding payroll period. If less than four (4) hours of work is provided, hourly workers shall be paid four (4) hours at their hourly rate of pay, and piece-rate workers shall be paid the piece-rate earned during the time worked and the General Labor hourly rate of pay for the remaining time up to four (4) hours that day.
However, in the event that no work or less than four (4) hours of work are provided because of rain, frost, government condemnation of crop, or other causes beyond the control of the Company, Section A, Paragraph 1 of this Article shall not apply; provided, however, that the Company agrees to continue its past practice with respect to condemnation of fields.
B.) Workers shall be informed before leaving work of the reporting time and place for the following day to the extent possible. The Company shall set the reporting time as close as possible to the estimated starting time, taking into consideration available weather reports for the
- 38 -following day. If a worker who reports at such specified time is asked to report back the same day at another time and no work is provided or less than four (4) hours of work is provided, the pay guarantee described in "A" above shall apply and the exception described therein shall not apply. Any call may be rescinded by notification to workers at least six (6) hours prior to the time scheduled for reporting to work.
C.) Hourly workers shall be paid at their regular hourly rate of pay and piece-rate workers at the general labor rate for all the time when the Company gives orders to standby at the pick-up point or in the field prior to commencing work; provided, however, workers shall not be paid for the first half (½) hour when the Company gives orders to standby in the field prior to commencing work due to frost. If work is delayed due to breakdown or delay in arrival of Company transportation, all workers shall be compensated at the general labor rate for the period so delayed.
D.) Hourly workers shall be paid at their regular hourly rate for all time they are required to remain on the job.
E.) Piece-rate workers shall be paid at the General Labor hourly wage for all standby time after work begins; provided, however, that piece-rate workers shall not be paid (1) for the first fifteen (15) minutes when the Company gives orders to standby in the field after work has commenced due to rain; (2) for each period of standby less
- 39 -than ten (10) minutes while waiting for bins to be placed under the machine; (3) for the first thirty (30) minutes of standby during each change of fields, excluding travel time which shall be paid in accordance with Article 26. "Standby time" for purposes of this paragraph refers to any time when the entire crew's work is interrupted or delayed because of machine breakdown, rain, etc., and orders are given by the Company to standby.
Workers shall have paid rest periods of fifteen (15) minutes each, which insofar as practical, shall be in the middle of each continuous four (4) hour work period or major fraction thereof.
A.) Vacations with pay shall be granted to eligible workers who qualify for such vacations. Each year workers shall be eligible for a vacation provided that they qualify as specified in "B" below in the prior calendar year. Vacation pay shall be computed on the basis of the appropriate percent of the worker's gross earnings from the Company in the calendar year prior to the payment of the vacation benefit. Calendar year in this paragraph means January 1 through December 31.
B.) A worker who has worked seven hundred (700) hours in the prior calendar year with the Company will qualify for an amount equal to two percent (2%) of his total gross earnings as vacation pay and one (1) week of vacation time off.
- 40 -
A worker who has worked seven hundred (700) hours in the prior calendar year, who has four (4) or more years seniority with the Company will qualify for an amount equal to four percent (4%) of his total gross earnings as vacation pay and two (2) weeks of vacation time off.
C.) Workers may waive vacation periods but shall receive their vacation pay in addition to their earnings for such period. For workers who desire to waive their vacation period, vacation pay shall be deemed due and payable at any time such pay is requested after January 1st of each year, provided, however, that the vacation check will be prepared as quickly as possible, but in no event more than six (6) weeks after requested by the worker. Vacation pay shall be paid by separate check and regular deductions shall be made and reported.
D.) Any worker who quits or is terminated shall receive his appropriate vacation benefit allowance in accordance with the above Paragraph B.
E.) If a worker's vacation period includes one of the holidays set forth in Article 24, his vacation period shall be extended to include such holiday, and holiday pay.
F.) Vacation schedules shall be mutually agreed upon. If, in the judgment of the Company, more workers want a particular vacation period than can be reasonably spared, the worker with the highest seniority shall have first preference for the vacation period.
- 41 -
To make funeral arrangements and to attend the funeral of a member of the immediate family (father, mother, child, brother, sister, husband or wife, mother-in-law, father-in-law, grandfather, or grandmother), a worker will be paid what he would have earned had he been working for the Company, not to exceed three (3) days. However, in cases where the funeral requires travel of more than three hundred (300) miles one way, an additional one (1) day leave with pay shall be granted, and in cases where the funeral requires travel of more than four hundred (400) miles, one way, a total of five (5) days leave with pay shall be granted. The Company may require a death certificate or other evidence of death.
A.) Commencing with the effective date of this Agreement, the following shall be paid holidays:
B.) Holiday pay shall be the daily average pay earned during the payroll week immediately preceding the holiday; provided, however, in the event a worker eligible for a paid holiday in accordance with Paragraph C below did not work during the preceding payroll week, he shall be paid an
- 42 -amount equal to his earnings on the day before the holiday.
C.) To be eligible for a paid holiday not worked, a worker must have worked five (5) days in the preceding fourteen (14) calendar days and work the scheduled workdays both immediately before and after the holiday. If the next scheduled workday after the holiday is more than five (5) calendar days after the holiday, the requirement for work on the scheduled work day after the holiday shall not apply. A worker who is laid off more than two (2) calendar weeks prior to a paid holiday will not be eligible for holiday pay.
D.) Work on any holiday shall be paid at one and one-half (1½) times the worker's regular rate in addition to holiday pay.
E.) Holiday pay shall be issued to all workers as specified herein as soon as possible after the holiday, but in no event later than four (4) weeks after the end of the payroll period in which the worker qualifies for the holiday.
F.) "Citizenship Participation Day" shall be designated as the first Sunday of June. All workers on "Citizenship Participation Day" shall receive pay in accordance with Section A above.
Upon receipt of proper written authorization from the worker, the Company shall deduct from such workers wages the pay received for Citizenship Participation Day and shall remit such sum to the United Farm Workers of America, AFL-CIO.
- 43 -
The Company shall honor as proper authorization the dues check off authorization currently in use by the Union or such other authorization as may be provided by the Union.
In the event any worker works on "Citizenship Participation Day," the Company shall not deduct any pay due him or her for working on that day.
Workers who have worked at least five (5) days during the two (2) weeks preceding the week in which the following events occur shall receive the benefit of this section. A worker will be paid jury duty or witness pay for testifying in any legal proceeding not between the parties for any days of work missed due to the performance of such service. Jury duty or witness pay is defined as the difference between the fees received by such worker for performing such service and what he would have received had he been working for the Company for each day of service. To receive pay under this provision, the worker must provide Company with a copy or notice summoning him to appear and if so requested, documentary evidence of the amount of fees received for performing such service.
A.) When Company furnished transportation is available, workers using such transportation shall receive daily travel allowance based upon the following schedule from the place designated where the worker is told to report for the transportation and the job site:
- 44 -
B.) When Company furnished transportation is not available and workers furnish their own transportation, they shall receive daily travel allowance as provided above.
C.) The travel allowance shall be paid at the worker's hourly or standby rate of pay. Any hours paid under this Article shall not be counted as hours worked for purposes of computing overtime hours, however, shall be counted as hours worked for all other purposes of this Agreement.
D.) Buses will be kept clean, safe, comfortable and in good traveling condition. Buses will have an adequate place where workers can place their food and other items.
E.) Workers should be transported as close to the work site as possible.
F.) All workers shall be compensated for all time spent changing fields during the work day; hourly workers shall be paid at their regular rate of pay, and piece-rate workers at the general labor rate of pay.
A.) Company shall keep full and accurate records, including total hours worked, piece rate or incentive rate records, total wages and total deductions. Workers shall be furnished a copy of the itemized deductions, hourly rates, hours worked, and wages earned each payday which shall include the worker piece rate production records. The daily record of piece rate production for crews paid on a crew
- 45 -basis shall be given to the appropriate steward, upon request. The Company shall provide the Union representative with a copy of the monthly reports to the Robert F. Kennedy Farmworkers Medical Plan and the Juan De La Cruz Farmworkers Pension Fund, and a quarterly report of total hours worked and hours paid for the Robert F. Kennedy Farmworkers Medical Plan for each worker.
B.) Union shall have the right, upon reasonable notice given to the Company, to examine time sheets, discipline records, work production, or other records that pertain to worker's compensation.
The Company shall deduct Federal and State Income Tax in accordance with standard practices with scheduled deductions for workers agreeing in writing to such withholding. Such agreement shall be binding upon the worker during his employment with the Company for the balance of the calendar year and each calendar year thereafter, subject to his written revocation of his agreement prior to the start of each new calendar year.
Upon proper written authorization from a worker to the Company deductions, as provided for in such authorization, shall be made by the Company for the Farm Workers Credit Union, and such money and reports shall be forwarded on a monthly basis to that organization at Post Office Box 62, Keene, California 93531, or such other address as designated by the administrator of the Credit Union.
- 46 -
A.) 1.) The Company shall, commencing September 1, 1984, contribute to the Robert F. Kennedy Farmworkers Medical Plan sixty-six and three quarters cents ($.6675) per hour for each hour worked by each worker; provided, however, that the Company shall make a guaranteed eight (8) hour contribution per day for each piece rate worker who completes his scheduled day of work.
In the event on September 1, 1985 it is necessary to increase the employer's contribution to the Robert F. Kennedy Farmworkers Medical Plan, the employer agrees to pay such increase provided that in no event shall the increase exceed the sum of ten cents (10¢) per hour per employee. The procedures for such increase shall be subject to the rights and obligations set forth in Section B hereinafter.
In the event on September 1, 1986 it is necessary to increase the employer's contribution to the Robert F. Kennedy Farmworkers Medical Plan, the employer agrees to pay such increase provided that in no event shall the increase exceed the sum of fifteen cents (15¢) per hour per employee. The procedures for such increase shall be subject to the rights and obligations set forth in Section B hereinafter.
2.) The Employer and the Union are negotiating rates exclusively for Company workers. In the event the Union hereafter agrees with any other Employer to a rate less than that specified in paragraph A - 1, to maintain the benefits provided as of September 1, 1984 as defined in paragraph D below (hereinafter referred to as "the existing benefits"),
- 47 -during the term of this collective bargaining agreement, the Company in such case shall contribute such lower rate. In the event a higher rate than that specified in paragraph A 1 is hereafter agreed to or arbitrated, as hereinafter provided, with the Company to maintain the existing benefits, and if the Union thereafter agrees with any other Employer to a rate lower than such increased rate, the Company, in such case, shall contribute such lower rate.
B.) In the event the trustees of the Plan determine that an increase in the amount contributed by the Employer is necessary to maintain the existing benefits, then the following provisions shall apply:
- 48 -
- 49 -
- 50 -consultants, trustees, contractors, or agents:
C.) It is specifically agreed that refusal by the Union to provide all or any part of the information specified in B-5 above within the time limits prescribed in B-1, 2, 3, and 4 above shall waive any right by the Union to any increase in contributions above those currently in effect immediately prior to the notice of rate increase delivered by the Union; provided, however, where a portion of the information specified in B-5 above does not exist because of acts of God or other causes beyond reasonable
- 51 -control of the Plan, the failure by the Union to provide such information shall not be deemed a waiver of the right to any increase in contributions above those currently in effect immediately prior to the notice of rate increase delivered by the Union unless the Arbitrator decides such lack of information is prejudicial (substantially affects) the Company's ability to respond to the requested increase.
D.) It is specifically agreed that the Employer shall be responsible for maintaining benefits provided as of September 1, 1984 and shall have no financial responsibility whatsoever for the additional cost of any change in Plan benefits during the term of this collective bargaining agreement. Plan changes without cost impact or which reduce Plan costs shall not impair the Union's right to seek necessary increases as herein provided. Union will provide notice of Plan changes at the time they occur and an explanation of such changes. The Union Notice shall set forth the contribution rate which the Plan deems necessary to maintain existing benefits on or after the effective date of the increase. The Union Notice and any Employer Response shall disregard past gains or losses (changes in reserves) in setting forth the projected rate.
E.) In the event the Employer disagrees with the amount set forth in the Union Notice, the Employer shall notify the President of the Union by certified mail at Keene, California with a copy mailed first class or personally delivered to the local Union office of its objection and the amount the Employer believes is the
- 52 -correct amount that it should pay (such notice herein called "Employer Response"). The Employer shall provide an explanation of its position and shall include written data it intends to introduce at the arbitration hearing to support its position including but not limited to the inflation factor used by the Employer. Such notice shall be postmarked no later than sixty (60) days after receipt of the Union Notice.
F.) The Union and Employer shall meet within eleven (11) days after the mailing of Employer's Response to attempt to resolve any difference. If the parties are unable to agree, the following procedure shall be followed:
- 53 -
- 54 -challenged by either party, the Court shall award reasonable attorney's fees and ERISA interest when applicable to the prevailing party.
- 55 -days after receipt by the Company of the Union Notice and agreed upon information. Briefs may be submitted to the arbitrator but must be postmarked no later than four (4) days after the close of the arbitration. The arbitrator's decision must be rendered no later than twenty (20) days after the close of the arbitration. Time shall be extended as provided in paragraph B.2. above. Time periods may also be extended upon mutual agreement in writing between the parties.
G.) Reports sent to the lock box address:
Dept. 3, 6534The Union shall provide, or cause to be provided, to the Company the following materials.
Los Angeles, CA 90088
A.) The Company shall, commencing September 1, 1984, contribute twenty cents (20¢) per hour for each hour worked by each worker to the Juan De La Cruz Farm Workers Pension Plan.
B.) In accordance with Article 33, the monies and a summary report shall be remitted to the Plan at the
- 56 -following address:
Los Angeles, CA 90088
C.) In the event that the Company files in bankruptcy or Chapter 11 proceedings, it will notify the Plan of such action and will list the Plan as a separate creditor qualified as a priority claim pursuant to the Bankruptcy Act. Notification to the Union or any of the other Plans or Funds shall not constitute compliance with this Article.
D.) The Union shall provide, or cause to be provided, to the Company the following materials:
A.) The Company shall, during the term of this Agreement, contribute to the Martin Luther King Jr. Farmworkers Fund six cents (6¢) per hour for each hour worked by all workers covered by this Agreement, commencing September 1, 1984. Expenditures or investments of contributions shall be solely restricted to those charitable and educational purposes for which federal tax exempt status has been granted to the Fund. The contributions shall not be expended to the detriment of the Company. The Martin
- 57 -Luther King Jr. Farmworkers Fund shall obtain and maintain federal tax exemption and all contributions by the Company shall be deductible under the Internal Revenue Code.
B.) In accordance with Article 33, the monies and a summary report shall be remitted to the Fund at such address as designated by the Administrator of the Fund.
C.) In the event that the Company files in bankruptcy or Chapter 11 proceedings, it will notify the Martin Luther King Jr. Farmworkers Fund of such action and will list the Fund as a separate creditor qualified as a priority claim pursuant to the Bankruptcy Act. Notification to Union or any of the other Plans or Funds shall not constitute compliance with this Article.
D.) It is agreed that if five (5) Salinas Valley companies, other than Associated Produce Distributors, agree to the Rene Lopez Farmworkers Legal Services Trust, the Company will convert this Article to include five and three quarters cents ($.0575) to this Trust and one quarter cent ($.0025) to the Martin Luther King Jr. Fund.
A.) All withheld dues are to be submitted weekly. All contributions due to Robert F. Kennedy Farm Workers Medical Plan, the Juan De La Cruz Farm Workers Pension Plan, the Martin Luther King, Jr. Farm Workers Fund and the Rene Lopez Farm Workers Legal Services Trust are to be submitted monthly.
- 58 -
B.) A monthly summary payroll and fringe benefit contributions report is to be submitted monthly covering the four to five payroll periods falling within the reported month. Such reports shall be mailed on or before the fifteenth (15th) day of the month, if possible, but in no case later than the twentieth (20th) day of each month.
C.) Complete mailing directions and information for the monthly mailing reports will be supplied by the Union in writing.
D.) In the event the Company has no workers in its employ during any monthly period, the Company shall submit to the Union a statement to that effect mailed on or before the twentieth (20th) day of the following month.
E.) The Company understands and agrees that it shall be deemed delinquent for any payroll month in which the dues are not submitted weekly and/or the monthly contributions and/or the monthly report or statement that there are no workers is not postmarked on or before the twentieth (20th) day of the succeeding calendar month.
F.) In the event the Company makes a decision which will result in its ceasing to deduct dues, or submit contributions to the fringe benefit plans, the Company shall, in addition to any other requirements set forth in this agreement, notify the Union headquarters and each of the fringe benefit plans.
G.) In the event that the Company files bankruptcy or Chapter 11 proceedings, it will notify the Union and each of the fringe benefit plans of such action, and shall list the
- 59 -Union and each of the fringe benefit plans as a separate creditor qualified as a priority claim pursuant to the Bankruptcy Act.
H.) In the event there is an incorrect payment of monies and/or clerical errors in the report, the adjustment shall be made as soon as discovered by the Company or the Union and reported to the other party. Any additional clerical costs resulting from the error, shall be deducted from the reimbursement or offset to the party who made the error. The party shall not be entitled to any refund, credit offset, deductions, or other form of reimbursement for any overpayment which is not discovered and reported within one (1) year of the date on which it was made.
The Union and the Company agree to delete this Article unless the Company were to institute Camp Housing.
The Company will provide bulletin boards placed at such central locations as shall be mutually agreed, upon which the Union may post notices of Union business.
The Union and the Company agree to delete this Article unless the Company were to institute Family Housing.
The parties understand and agree that the hazards of agriculture are such that subcontracting may be necessary and proper. Subcontracting may be necessary in areas such as land leveling, custom land work, precision planting,
- 60 -agricultural chemicals and where specialized equipment not owned by the Company is required. It is also understood and agreed that the Company shall not subcontract to the detriment of the Union or bargaining unit workers.
The parties agree that in the application of this article the following guidelines may be used:
A.) Subcontracting is permissible under this Agreement where workers in the bargaining unit covered by this Agreement do not have the skills to operate and maintain the equipment or perform the work of a specialized nature.
B.) Subcontracting is permissible under this Agreement where the Company does not have the equipment to do the work being subcontracted. When a Company does subcontract pursuant to the terms of this provision, any workers of the subcontractor who actually operate or maintain the equipment shall not be covered by the terms of this Agreement. However, any workers of the subcontractor, other than those who actually operate or maintain the equipment, who work on the subcontracted job shall be covered by the terms of this Agreement.
C.) Company will notify the Union in advance of any subcontracting.
It is recognized by Company and Union that various types of legal entities are used by growers and shippers in the agricultural industry, including partnership, joint venture and other legal contractual arrangements, in the growing, packing, harvesting and selling of agricultural
- 61 -crops. Neither the Company nor the Union shall prevent the Company from entering into these legal arrangements by any of the provisions of this Agreement, nor will the Company subvert the Union by entering into these legal arrangements. In addition, and whenever it is possible for the Company to perform the work of weeding, thinning or hoeing, the Company will do so, it being the intent to provide jobs for bargaining unit workers.
In the event the Company enters into a partnership, joint venture, or other legal contractual relationship with a grower and/or shipper for the growing, packing, harvesting or selling of a crop, Union agrees not to interfere with or prevent in any manner the growing, packing, harvesting or selling of any of the crops in which Company may have such an interest; provided such partnership, joint venture or other legal contractual relationship was entered into by Company prior to any economic action by Union against any other party to the partnership, joint venture, or other legal contractual relationship, and it is understood the filing of a petition under the Agricultural Labor Relations Act does not constitute interference under this paragraph.
The protections given by Union to Company under the provisions of this article shall not be operative for a period in excess of the crop year or twelve (12) months, whichever is less, or in the event there are economic or other sanctions by the Union against any party to the partnership, joint venture or other legal contractual relationship at the time of entry thereof.
- 62 -
The Company shall provide the Union, upon request, the exact locations of the Company's agricultural operations for use by Union representatives pursuant to Article 7 (Right of Access) of this Agreement.
No provision or term of this Agreement may be amended, modified, changed, altered or waived except by written document executed by the parties hereto.
In the event any portion of this Agreement shall become ineffective as the result of any applicable local, state or federal law, only that portion of this Agreement so affected shall be ineffective; in no event shall the fact that a portion of this Agreement be not applicable or illegal in accordance with such laws render the remainder of this Agreement ineffective or work a termination.
This Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns. Successors and assigns for the purpose of this article applies to a sale or other transfer of the business and ownership of the Company. A sale of assets, either in whole or in part, which does not involve continuation of the workers of the Company to operate such sold or transferred business or assets shall not be subject to the provisions of this article.
- 63 -
By this article, the parties seek to define contractual rights and do not waive any statutory rights.
A.) Notwithstanding anything herein contained, the failure of Company to make the necessary payments as provided in Article 2 (Union Security), Article 30 (Robert F. Kennedy Farmworkers Medical Plan), Article 31 (Juan de la Cruz Farmworkers Fund), and Paragraph F of Article 34 (Holidays), shall give the Union or the workers the right, after the Union has given five (5) days' written notice, excluding Saturdays, Sundays, and Holidays, to the Company, to take any legal or economic action the Union sees fit against the Company to force compliance.
B.) Whether or not such action is taken the Company shall be liable to the workers for any and all benefits as set forth in Paragraph A above that the workers would have received if the Company had not been delinquent in making the payments.
A.) Cost-of-Living Allowance shall apply to all workers herein covered under this Agreement.
The Cost-of-Living adjustments herein provided shall be based on the Consumer Price Index - United States City Average for Urban Wage Earners and Clerical Workers (1967 = 100), published by the Bureau of Labor Statistics hereinafter referred to as the CPI.
B). In the event that the CPI in May, 1985, shall exceed an increase of five percent (5%) over the CPI in May,
- 64 -1984, a Cost-of-Living allowance of one cent (1¢) per hour shall be paid for each three-tenths (.3) of a point increment in the CPI over and above the five percent (5%) increase in the CPI. Any adjustment due under the above formula shall be effective September 1, 1985.
C.) In the second year, September 1, 1985, the increase and the Cost-of-Living shall not exceed the hourly rate specified in Appendix A.
D.) Such Cost-of-Living adjustments shall be added into the current rate of pay paid for all hours, wages, and related benefits for which workers receive pay from the Company, such as overtime, vacations, and holidays. The amount of the adjustment shall be paid in addition to wages earned, and to the extent which computer capabilities permit such adjustment shall be shown on the worker's check stub, i.e., WAGES - - - COLA - - - TOTAL.
E.) The Cost-of-Living allowances are dependent upon the availability of the Bureau of Labor Statistic's CPI in its present form and calculated on the same basis as the CPI. In the event the Bureau of Labor Statistics changes the form or the basis of calculating the CPI, the Company and the Union agree to request the Bureau to make available, for the life of this Agreement, a CPI in its present form and calculated on the basis of the Index for May, 1984.
A.) It is mutually agreed that the prompt adjustment of grievances and the proper administration of the contract is desirable in the interests of sound relations between the
- 65 -workers and the Company. The prompt and fair disposition of grievances and the proper administration of the contract involves important and equal obligations and responsibilities of each party to protect and preserve the grievance procedure and the contract as an orderly means of resolving legitimate grievances and other problems between the parties.
To carry out these goals and for the purpose of operating under this Agreement, the workers shall be entitled to representatives on Company time in accordance with the following provisions.
B.) The Union shall designate a Union representative who shall be recognized by the Company as the official representative of the Union, and who shall be compensated by the Company while performing his duties pursuant to this Article at the rate which he would have received had he worked at his regular job classification. Union representative shall so conduct his affairs so that no overtime work shall be performed; grievance meetings are to be normally held after working hours.
C.) The Union shall be entitled to Union representatives as follows:
D.) The Union representative provided for in this Article shall have been in the regular employ of the Company, or on an approved leave of absence, for at least
- 66 -one (1) year immediately preceding their designation to such position, unless a worker of at least one year's service is not available.
E.) The Union representative shall have the authority to adjust grievances on the Union's behalf and to administer the contract. The Union representative shall not have authority to represent or speak for Company on any matter. The Union representative shall not be paid for time spent in arbitration proceedings.
F.) The Union shall designate an alternate among workers who shall act in the place of the regular Union representative if he is unable to perform his duties. The Union will furnish Company with the name of the Union representative and his alternate.
G.) The Union representative shall be deemed to be an active worker of the Company for the purpose of applying all benefit programs provided for under this Agreement, and it is agreed that such worker shall be covered by all other terms of this Agreement.
H.) The Company shall not interfere with or hinder any Union representative in the performance of his or her duties. The Union representative shall not unnecessarily interfere with the Company's operation or the direction of the work force by the supervisors.
Whenever a worker is injured on the job and is unable to work for ten (10) consecutive workdays as a result of such injury, the Company agrees to compensate loss of time
- 67 -up to three (3) full days' wages or average earnings for days and hours of disability not covered by Workmen's Compensation; provided, however, a worker who is injured on the job shall be compensated for what he would have earned for the balance of the day of the injury.
This Agreement shall be in full force and effect from September 1, 1984 to and including August 31, 1987. This Agreement shall automatically renew itself upon expiration of this Agreement unless either of the parties shall have given notice in writing to the other party sixty (60) days prior to the expiration, requesting negotiations for a new Agreement together with thirty (30) days prior written notice to the State Conciliation Service. During this sixty (60) day period all terms and conditions of this contract shall remain in full force and effect.
This Agreement and Supplemental Agreements attached hereto are executed this _______ day of _________, 1985.
|FOR THE COMPANY:||FOR THE UNION:|
|ASSOCIATED PRODUCE DISTRIBUTORS||UNITED FARM WORKERS OF
-  -
|EFFECTIVE 10/1/84||EFFECTIVE 9/1/85||EFFECTIVE 9/1/86|
|General Labor, Cauliflower and Broccoli Harvest||$7.10||$7.20||$7.35|
|Field Service Man||$8.63||$8.73||$8.88|
|Broccoli Harvest (Per Bin)|
|4 bins/acre or more||$ 9.75+45¢/hr||$ 9.85+45¢/hr||$10.00+45¢/hr|
|Less than 4 bins/acre||$10.98+45¢/hr||$11.08+45¢/hr||$11.23+45¢/hr|
|Less than 3 bins/acre||$12.40+45¢/hr||$12.50+45¢/hr||$12.65+45¢/hr|
|Less than 2 bins/acre||$17.02+45¢/hr||$17.12+45¢/hr||$17.27+45¢/hr|
|Less than 1 bin/acre||$24.28+45¢/hr||$24.38+45¢/hr||$24.53+45¢/hr|
Special Provisions (Broccoli Harvest)
-  -harvesting, the employer will follow this procedure:
This premium shall be as below:
|EFFECTIVE 10/1/84||EFFECTIVE 9/1/85||EFFECTIVE 9/1/86|
|Premium per bin||$2.81||$2.81||$2.81|
-  -
-  -
-  -