Collective Bargaining Agreement Between Coachella Growers, Inc. and United Farm Workers of America, AFL-CIO, November 3, 1980-September 1, 1983



COLLECTIVE BARGAINING AGREEMENT BETWEEN COACHELLA GROWERS, INC. AND UNITED FARM WORKERS OF AMERICA, AFL-CIO

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TABLE OF CONTENTS

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PARTIES

THIS AGREEMENT and supplemental agreements attached hereto are between COACHELLA GROWERS, INC. (hereinafter referred to as the "Company") and the UNITED FARM WORKERS OF AMERICA, AFL-CIO (hereinafter referred to as the "Union").

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ARTICLE 1 RECOGNITION

Section 1.

The Company does hereby recognize the Union as the sole labor organization representing all of the Company's agricultural employees (hereinafter referred to as "workers") in the unit set forth in Agricultural Labor Relations Board certification in Case No. 75-RC-57-R. In the event the Agricultural Labor Relations Board certifies other employees not here included within the certified unit as a part of the unit, such additional employees shall be included under the terms of this Agreement. The term "worker" or "employee" shall not include office and sales employees, security guard and supervisory employees who have the authority to hire, transfer, suspend, lay off, 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.

Section 2.

The Company, Coachella Growers, is a nonprofit association rendering services to its grower members in harvesting their citrus crops. It does not enter into joint ventures or partnerships or other forms of agricultural business operations, but if it should do so, these

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other operations shall be covered by this contract. The Company agrees that no business device, including joint ventures, partnerships, or other forms of agricultural business operations, shall be used by the Company for the purpose of circumventing the obligations of this collective bargaining agreement.

Section 3.

The Company 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.

Section 4.

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.

Section 5.

Neither the Company nor its representatives will interfere with the right of any worker to join and assist the Union. The Company shall not advise workers that they will secure any advantage or more favorable consideration or any form of special privilege because of nonparticipation in Union activities.

Section 6.

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.

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The Company will not discourage workers in the bargaining unit from giving utmost consideration to supporting and participating in collective bargaining and contract administration functions.

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ARTICLE 2 UNION SECURITY

Section 1.

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. The Union shall be the sole judge of the 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 the Union, or who has been determined to be in bad standing by the Union pursuant to the provisions of the Union's constitution, shall be immediately discharged 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.

Section 2.

The Company agrees to furnish to the Union in writing, within one (1) week after the execution of the Agreement, a list of its workers giving the names, addresses, social security numbers and type of job classifications.

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Section 3.

The Company agrees to deduct from each worker's pay initiation fees, all periodic dues, and assessments as required by the Union, upon presentation by the Union of individual authorization signed by workers, directing the Company to make such deductions. The Company shall make such deductions from workers' pay from 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 the Union each week with a copy of its computer printout showing the name of each worker, his social security number, 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. The 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.

Section 4.

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.

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Section 5.

The Union shall indemnify and hold the 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 the Company for the purpose of compliance with any of the provisions of this Article.

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ARTICLE 3 HIRING

Section 1.

The purpose of this hiring procedure shall be to facilitate the hiring by the Company of the most qualified applicants for certain job classifications and to ensure that the hiring of new workers for all job classifications shall be on a nondiscriminatory basis. This Article shall not apply to workers with seniority with the Company. Such workers shall be recalled in accordance with the provisions of Article 4, Seniority.

Section 2.

The Company will operate a hiring facility in Blythe, California, and/or at its main business office and/or at other centrally located sites which are easily accessible to job applicants. The Company will designate one or more persons who shall have the exclusive authority to hire new workers and will notify the Union of the name(s) of said person(s) and immediately shall inform the Union of any subsequent change. Further, the Union shall be notified of the address and telephone number of each hiring facility. Crew foremen and supervisors shall not have the authority to hire new workers.

Section 3.

Whenever at the beginning of the harvesting season, in a particular area, the Company anticipates the need for new workers, it shall notify the Union in writing five (5)

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days in advance of the dates and times when, and location where, it will be accepting applications, the job classification(s) for which applicants are sought, the number of workers needed, and the estimated duration of the work. The Employer shall post a copy of such notice on all of its bulletin boards and the notice shall be made available to a member of the Ranch Committee. The date for accepting job applications shall be set at no less than five (5) days after the Company notifies the Union of the need for new workers pursuant to this paragraph. The Company shall notify the Union promptly of any change in the estimated starting date

Section 4.

Whenever during the course of a particular operation or at the beginning of a minor operation, new workers are needed, the Company shall notify the Union forty-eight (48) hours in advance of the dates and times when, and location where, it will be accepting applications, the job classification(s) for which applications are sought, the number of workers needed, the rate(s) of pay, the estimated date the workers are needed, and the estimated duration of the work. Such notification shall be confirmed in writing. The Company shall post a notice that job applications will be received and that the Company will be hiring on all of its bulletin boards and shall make the same information available to a member of the Ranch Committee.

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Section 5.

Hiring shall be in accordance with the following procedure:

  1. Hours for accepting job applications shall be regular, uniform, and convenient. Applications shall be received until such time that sufficient applications are received.
  2. An applicant may apply only for employment in the job classification(s) in which an opening exists and about which the Union has been notified pursuant to Paragraph C of this Article.
  3. Before being hired, a person shall complete a job application form at the Company's hiring facility. Such application form shall request the applicant's name, address, social security number, telephone number where the applicant can be reached, if any, and job experience in the job classification being applied for or related job classifications. The application forms shall be numbered and filed in numerical order and shall be provided to applicants on a first-come, first-serve basis. The application form shall be in English, Spanish, and such other language as may be needed. Upon completion of the application, it shall be signed and dated by the applicant and by the Company's hiring agent.
  4. Hiring for general field labor shall be on a first-come, first-serve basis. The Company may select among appli-

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    cants on the basis of their relative experience performing work associated with job classifications which require specific skills or experience (e.g., forklift operator). Notwithstanding the above, the Company will give preference when hiring new workers to the members of the immediate family (father, mother, wife, husband, son or daughter) of its workers, provided that such person applies for work in the manner described above, and, provided further, that no member of the immediate family hired pursuant to this paragraph shall be given preference over the family member of another seniority worker who has no members of his immediate family working with the Company.

    The Company may reject applicants who previously were terminated and, may reject applicants who had quit employment with the Company within the twelve months immediately preceding the time application is made. The Company shall not exercise its right to reject applicants who previously quit employment with the Company in an arbitrary or capricious manner. When an applicant is rejected for such reasons it will be recorded in writing on his application form.

  5. Upon request, and at reasonable times, the Union shall have access to the Company's hiring facility and to its hiring records to determine compliance with the terms of the hiring procedure provided for in this Article.

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  6. The Company shall notify the Union weekly of the name, Social Security number, date hired, crew assignment if applicable, and job classification of all new workers hired during the preceding week and shall make such information available to a member of the Ranch Committee.

Section 6.

A new worker shall report for work as scheduled after being notified by the Company that he has been hired.

Section 7.

The Company shall not arbitrarily determine the size of its workforce, but shall endeavor to maintain a complement of workers reasonably related to the amount of work to be performed in an efficient manner. In this regard, under normal circumstances and provided no extenuating circumstances exist, the Company shall maintain employee complements in its crews of thirty (30) or fewer employees. The parties recognize that on some occasions more than thirty (30) employees will work in a particular crew, e.g., children with work permits will be allowed to work with their relatives.

Section 8.

The Union shall have the right to grieve any dispute arising out of the interpretation or application of this Article. A grievance arising under this Article must be filed and processed in the same manner as grievances regarding a discharge. The Company shall bear the burden of proof for alleged violations of the provisions of this Article.

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ARTICLE 4 SENIORITY

Section 1.

In the event an employee works for the Company at least fourteen (14) days within the preceding ninety (90) calendar days, he shall acquire seniority with the Company retroactive to his original date of hire. Seniority as described in this Article is defined as the length of continuous service with the Company. Layoffs shall not be considered to be a break in service.

Section 2.

Seniority shall be broken for any of the following reasons:

  1. Voluntary quitting;
  2. Discharge for just cause;
  3. The employee has been off work for three (3) consecutive days or more, and has failed to properly notify the Company by telephone or letter or his foreman otherwise has not received notice;
  4. The employee fails to report to work at the termination of a leave of absence or vacation without approved extension as provided for in Article 11, Section 3;
  5. The employee is on layoff and fails to report to work when recalled to the area where he has

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    seniority as provided in Section 15 unless such failure is for a valid reason.

Section 3.

Any employee rehired after his seniority is terminated shall establish a new seniority date as provided in Section 1. The Company shall notify the Union on a weekly basis of all employees whose seniority is terminated during the prior week, providing the proper computer reporting system can be developed.

Section 4.

The Company shall maintain and post two (2) separate seniority lists in each of the areas in which it operates. There shall be a seniority list for tractor and forklift drivers in each area and a seniority list for pickers in each area. Employees on either list shall be listed according to seniority. The areas in which seniority lists shall be maintained are Blythe, Coachella and Riverside. If an employee has established and maintained seniority in more than one of these areas, the earlier date on which he established seniority shall be considered to be his Companywide seniority date for the purpose of Section 7.

Section 5.

Except as otherwise provided explicitly in this Article, seniority shall be applied only within one of the three areas specified in Section 4 and not between different areas.

Section 6.

Layoffs and recalls within a job classification shall be based upon an employee's seniority at

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the area where he is working. Demotions shall be based upon an employee's seniority at the area where he is working, provided that he has the ability to perform the job to which he is demoted in accordance with Section 12. In accordance with past practice of the Company, a temporary layoff of a total crew for less than five (5) workdays need not be made in accordance with strict seniority. Where a recalled employee has not previously performed the specific operation to which he is being recalled, he shall be given a reasonable opportunity to show that he can perform the work properly in accordance with Section 12.

Section 7.

A picker who is laid off in his own area may at his request be reassigned to a crew in another area if work is available in that area. Requests for such reassignment shall be granted on the basis of seniority. Such reassignments shall be made in the following manner:

  1. The Company shall inform the employees to be laid off that work is available in another area;
  2. Those employees who want to work in the other area may be reassigned to work in that area on the basis of their Company-wide seniority as defined in Section 4;
  3. If more employees are needed in another area than are transferred from among those employees

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    who are to be laid off, employees who already are laid off and who want to be transferred shall be transferred. In order to be eligible for such a transfer, a laid-off employee must have registered his wish to be transferred to another area at the time of his layoff. Such registration shall be in writing on a form to be supplied by the Company which shall include the employee's name and an address and telephone number where he may be reached during his layoff. The Company shall make a reasonable effort to contact laid-off employees, but shall not be required to continue attempting to reach them after the time new employees are needed at the other area;
  4. If employees who have been laid off from one area and transferred to another area under this Section are recalled during the same season to the area from which they are laid off, they must return to work at that area or they will not be eligible to be recalled again to that area during the season of the area where they are working;
  5. If an employee who is laid off from more than one area is recalled to one of these areas,

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    he must decide at the time he is recalled in which area he wants to retain seniority. If he returns to work in one area, his seniority in this other area shall be terminated.

Section 8.

Tractor drivers and forklift drivers shall be laid off and recalled within their classifications on the basis of their seniority. If such employees are laid off and they request reassignment to a picking job, the Company shall reassign them to picking jobs in their own areas or in other areas where such jobs are available on the basis of their seniority.

Section 9.

If requested by an employee, the Company shall transfer him to a vacant position within his classification in another area on the basis of his seniority. An employee shall not be eligible for more than one such transfer during each operating season. If the Company transfers an employee under this provision, his seniority at the area where he was working shall terminate, but he shall receive credit at the area to which he is transferred for all seniority developed at the area from which he was transferred.

Section 10.

The Company may reassign employees to vacant positions within their classification in another crew in the same area. In making such reassignments, the Company shall give employees in the crew an opportunity to transfer on the basis of their seniority. If none of the employees in

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the crew want to transfer, the Company shall transfer the employee with the least seniority in the crew.

Section 11.

Employees involved in picking shall have the right to move from one crew to another in their area on the basis of their seniority, provided there is a need for additional employees in the other crew. Such a move shall be made only once during a season.

Section 12.

Promotions to permanent job vacancies within the bargaining unit shall be based upon an employee's seniority at the area where he is working, provided he is able to perform the work in the job to which he is seeking to be promoted. Where an employee is promoted to a permanent job vacancy pursuant to Section 13, a supervisor will fully explain the job duties and requirements and give the employee a reasonable amount of time to meet the job requirements. The selection procedure will be repeated until the posting list has been exhausted and thereafter the Company shall fill the vacancy by notifying the Union facility of such vacancy pursuant to Article 3.

Section 13.

Whenever a permanent vacancy in an hourly-rated job classification or a new job classification is established, notice of such vacancy shall be posted on the Company's bulletin board in the area of the vacancy. The posting shall be made at least five (5) days before the vacancy is permanently filled. A copy of the posting shall

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be made available to the Union Ranch Committee. Seniority employees desiring to apply for such position shall sign the posting. Selection and training for employees applying for the position shall be as set forth in Section 12. The Company shall fill temporary vacancies in these positions such as during the posting period or during an employee's short-term illness, injury or other temporary absence so far as possible on the basis of seniority.

Section 14.

The first five (5) workdays shall be a work evaluation period during which a new employee may be terminated for unsatisfactory work performance without recourse to the grievance procedure unless he claims that his termination was for a reason other than unsatisfactory work performance. If such a grievance is filed, the only issue shall be whether the Company's decision was based upon some reason other than the employee's work performance and the correctness of the Company's determination that the employee's work performance was unsatisfactory shall not be an issue. The Company shall provide the Union with a weekly notice of employees terminated during this period and, upon request, shall make available to the Union information as to a terminated employee's work performance. The Company shall describe the work to be performed and give a physical demonstration of the work to new employees. An employee shall be given an opportunity to demonstrate his job performance. The supervisor shall point out the employee's mistakes in

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order to help him learn the job.

Section 15.

In recalling employees prior to the commencement of harvest operations, the Company shall notify them of the recall at least two (2) weeks prior to the estimated starting date, where possible. Such notice shall be in writing bearing the title of the Company and Union, and shall specify the employee's name, social security number, seniority date, the estimated starting date of the work and the estimated duration of the work. The notice shall be sent by first class mail. The employee shall provide the Company with a mailing address for sending the notice. The Company and the Union shall use their best efforts to cooperate in securing the above information from the employees. The notice shall contain a card, postage prepaid, which the employee shall return immediately to the Company, indicating whether he will be returning to work. If time does not permit a reply by mail, the employee may inform the Company office by telephone or otherwise advising the Company foreman. The Company shall provide the Union with a list of recalled employees. Recalled employees shall be informed of the exact date upon which work at the beginning of the season is to start by: checking at the Company's office or Union office where the exact date shall be posted for at least seventy-two (72) hours before work is to begin; or by telephoning the Company office or Union office where the exact starting date will be known at least seventy-two

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(72) hours before work is to begin.

In recalling employees after harvest operations have begun, and if it is not possible to give the two-week notice, the Company shall give workers five (5) days' notice, where possible. However, the Company agrees to give them advance standby notice of the beginning of work. The Union shall use its best efforts to assist in the recall of employees. Employees shall not be eligible for reporting pay based upon the estimated starting date.

Section 16.

At the beginning of the picking season in each of the areas, and each sixty (60) days thereafter during the picking season for that area, the Company shall provide the Union with a current seniority list containing the name of each employee, his original date of hire, his area seniority date, his job classification, and his social security number. Where more than one employee has the same original date of hire, the employee with the lower last four (4) digits in his social security number shall have the higher seniority. The Company shall post a copy of the seniority list. If the Union disagrees with the information recorded on the seniority list, it may file a grievance in accordance with the provisions of Article 5.

Section 17.

Where seniority employees have worked together during the year prior to the signing of this Agreement

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as a family, the parties shall interpret and apply this Article to continue that custom. For the purpose of this Section, a "family" shall mean mother, father, son or daughter. In order to qualify as a family under this Section, a family member must register with the Company prior to the recall of any person in the family. Employees shall be informed of this registration provision by including a registration form in their notice of recall. The employee shall sign and return this form or, if time does not permit it, he shall telephone the Company and give the information requested on the form and return the form on the day he begins work. Upon such registration, all members of the family shall have the seniority date of the person registering. Seniority family members who work on a part-time basis shall be eligible for recall on that basis, provided that full-time seniority employees are not displaced.

Section 18.

Seniority shall not be applied so as to displace (bump) any employee within a geographic area.

Section 19.

The parties may agree in writing to make deviations from the provisions of this Article. If either party requests, the parties shall discuss revisions of the provisions of this Article after one year from the date this Agreement is signed, provided that this shall not obligate either party to agree to any change in these provisions or create an exception to Article 6, No Strikes-No Lockouts.

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Section 20.

The Company will notify the Union of the end-of-harvest layoff seven (7) days, or as soon as possible, prior to the end-of-harvest layoff. Failure to give this notice to the Union shall not create any financial liability on the part of the Company to employees.

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ARTICLE 5 GRIEVANCE AND ARBITRATION

Section 1.

All disputes between the Company and the Union arising out of the interpretation or application of this Agreement shall be subject to the Grievance and Arbitration procedure. The Grievance and Arbitration procedure shall be the exclusive remedy with respect to any disputes arising under this Agreement until this procedure has been exhausted and no other remedies shall be utilized by any person with respect to any dispute involving this Agreement until the procedure has been exhausted.

Section 2.

Grievances shall be processed in the following manner:

  1. Step 1. Any grievance shall be immediately taken up between the supervisor involved and the Union steward. They shall use their best efforts to resolve the grievance.
  2. Step 2. In the event the grievance is not immediately resolved, the grieving party shall reduce the grievance to writing, setting forth the nature of the grievance, and file it with the other party. A grievance regarding a discharge of an employee must be filed in writing within five (5) days of the discharge. All other grievances must be filed in writing within thirty (30) days of the occurrence of the grievances or its discovery. The Company and the Union

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    shall meet within ten (10) days after the written grievance is filed. The Union may be represented by the employees' Grievance Committee at such meeting. If the grievance is not resolved in such meeting, the party receiving the grievance shall immediately give a written response to the other regarding its position, including reasons for denying the grievance. A Union representative may fully participate in all steps of the grievance procedure.
  3. Step 3. If the grievance is not settled in Step 2, the grieving party may appeal the grievance to arbitration by giving written notice of its desire to arbitrate to the other party within thirty (30) days. The arbitrator shall consider and decide the grievance referred to him. In cases where more than one grievance is referred to arbitration, the arbitrator may hold consecutive hearings to expedite hearings. The arbitrator shall not have authority or jurisdiction to modify, add to, or detract from, or alter any provision of this Agreement. Within that limitation his authority shall include awarding backpay to employees for any loss of earnings from the Company, and awarding damages to the Company in appropriate circumstances. He also shall have the authority to apply this Agreement and order compliance by all parties with 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. The decision of the arbi-

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    trator shall be binding on the Company, the Union and the employees. All expenses and salaries of the arbitrator shall be born equally by the parties. Each party shall pay the cost of presenting its own case.

Section 3.

Both the Company and the Union agree to a designated permanent arbitrator, William Pivar. If the arbitrator shall at any time be unable or refuses or fails to act, or he vacates his position, the Company and the Union shall immediately select his successor or substitute. If selection cannot be agreed upon, either the Union or the Company may request from the American Arbitration Association or the Federal Mediation and Conciliation Service a panel of eleven (11) arbitrators. After receipt of the list, the parties shall meet to select the arbitrator. If the parties cannot agree upon the selection, then they shall turn to the list of arbitrators received. The person to strike first shall be determined by a coin toss. The name remaining after each party has struck five (5) shall be the person designated as arbitrator. Every six (6) months, either party may request a new list of arbitrators and require a new meeting to select a new arbitrator.

Section 4.

Grievances not filed or appealed within the time limits established in Section 2 shall be deemed waived. However, grievances dropped prior to arbitration shall be considered as withdrawn without prejudice to either party's position on similar matters in the future.

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Section 5.

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 employees. It is recognized that there are times and that there are certain issues that may arise, which make it in the best interest of all concerned to have a resolution of the matter more quickly than provided in the above procedure. Accordingly, grievances 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 (2) workdays and the responding party will immediately provide its answer in writing, if it denies the grievance, 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.

Section 6.

The arbitrator may make a field examination in any case he deems it advisable.

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Section 7.

In the event of a claim that Article 6 No Strikes has been violated, the Company may contact the arbitrator. The arbitrator shall immediately determine whether a violation has occurred. If the arbitrator determines that a violation has occurred, he shall order the employees to return to work immediately. This in no way alters the obligations of either party under the other provisions of this Agreement.

Section 8.

Any claim by the Union that on-the-job conduct of any Company supervisor is abusive of any employee's rights may be treated as a grievance, provided that such conduct has occurred on more than one occasion and is specified in detail in the grievance.

Section 9.

Where possible, grievances shall be processed outside of working hours. If it is necessary to process grievances during working hours:

  1. It shall be done in a manner that minimizes the interruption of work,
  2. Members of the Ranch and Grievance Committees and stewards shall be permitted to leave their work (after checking with their supervisor) without loss of pay for the purpose of processing grievances and meeting with management up to a total (for all members of both Committees and stewards) of seven and one-half (7-½) hours per week (not to be

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    accumulated from week-to-week), and
  3. The steward's function at Step 1 shall be performed without loss of pay.

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ARTICLE 6 NO STRIKES-NO LOCKOUTS

Section 1.

There shall be no strikes, slowdowns, sitdowns, boycotts, or other interruptions of work by the Union or by the workers covered by this Agreement during the term of this Agreement, but subject to the provisions of Article 10, Workers' Security. The Union will not authorize or approve any such activity. There shall be no lockout by the Company.

Section 2.

If any such unauthorized strike, slowdown, sitdown, boycott, or other interruption of work occurs, the officers and representatives of the Union shall do everything within their power to end or to avert such prohibited activity.

Section 3.

If any such unauthorized lockout should occur, the Company shall do everything within its power to end such prohibited activity.

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ARTICLE 7 RIGHT OF ACCESS TO COMPANY PROPERTY

Section 1.

Duly authorized and designated representatives of the Union shall have the right of access to Company premises in connection with the 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.

Section 2.

Before a Union representative contacts any of the workers during working hours, he shall notify the Company that he is on the premises.

Section 3.

The Union shall advise the Company of the names of its duly authorized and designated representatives.

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ARTICLE 8 DISCIPLINE AND DISCHARGE

Section 1.

The Company shall have the sole right to discipline and discharge employees for just cause providing that in the exercise of this right it will not act in violation of the Agreement. Except as provided in Article 4, Section 8, no employee shall be disciplined or discharged without just cause.

Section 2.

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. Provided, however, if a situation occurs in a remote area, where the Company deems it necessary to take action and no steward or Union representative is available, and after the Company has made a reasonable effort, including telephoning the Union's area office, if necessary, to notify a steward or Union representative of the contemplated action, the Company may take action and must give written notice in accordance with Section 3 below.

Section 3.

Written notice of a discharge or suspension and the reason for the action shall be given to the employee involved and the Union within two (2) workdays after the date of the discharge or suspension. A letter which is postmarked

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within two (2) such workday periods shall be considered to be in compliance with this notice requirement. The time limit for the initial filing of the grievance challenging a discharge under Article 5, Section 2, shall not begin to run until the Union receives this written notice.

Section 4.

In relation to discipline, the steward of the employee to be disciplined or other Union official shall have the right to interview the employee in private.

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ARTICLE 9 NO DISCRIMINATION

In accord with the policies of the 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.

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ARTICLE 10 WORKERS' SECURITY

Section 1.

The Company agrees that any worker may refuse to pass through any picket line established at the premises of any other employer and sanctioned by the Union; provided, however, that the Union shall not establish or sanction a picket line at the premises of any grower member of the Company at any time during the harvest season or pruning season for the purpose of depriving that grower member of picking or pruning labor supplied by this Company.

Section 2.

No worker under this Agreement shall be required to perform work that normally would have been done by the employees of another employer who are engaged in a strike sanctioned by the Union.

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ARTICLE 11 LEAVES OF ABSENCE

Section 1.

Any worker elected or appointed to an office or position in the Union shall be granted a leave of absence for a period of continuous service with the Union upon written request of the Union. Ten (10) days' notice, whenever possible, must be given to 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.

Section 2.

A temporary leave of absence without pay, not to exceed three (3) days, for Union business shall be granted under the following conditions:

  1. Written notice shall be given by the Union to the Company at least two days prior to the commencement of such leave:
  2. Such leaves shall not be granted during periods of time when there is a shortage of harvesting labor and shall not exceed 10% of the employees covered by this Agreement; and

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  3. This Section shall not apply to operations during critical periods if it would harm operations.

Section 3.

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:

  1. When the worker has been summoned for jury duty or has been subpoenaed as a witness in any court proceeding;
  2. Up to two years of illness or injury requiring absence from the job, provided, the employee provides, upon request, a doctor's certificate or other adequate evidence of such illness or injury; and
  3. For valid personal reasons, not to exceed thirty (30) days where prior notice specifying the reason is given to the Company.

All leaves of absence in excess of three (3) days shall be in writing on approved leave of absence forms pursuant to Appendix C provided by the Company. Such forms shall be signed by the Company representative, the worker requesting the leave, and by the Union steward or other Union representative to signify receipt of the Union's copy. Leaves of

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absence as provided herein shall be extended by the Company for good cause shown if request for such an extension is made by the worker in writing, with a copy to the Union, prior to the termination of the original leave.

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.

Section 4.

Failure to report for work at the end of an approved leave of absence, or accepting employment with another employer during an approved leave, shall terminate seniority in accordance with Article 4, Seniority.

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ARTICLE 12 MAINTENANCE OF STANDARDS

All practices relating to wages, hours of work, and working conditions shall be maintained at no less than the highest standard in effect at the time the Agreement is signed, except as they are changed or eliminated by agreement.

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ARTICLE 13 SUPERVISORS

Supervisors and other employees not included in the bargaining unit shall not perform work covered by this Agreement, nor shall they operate forklifts or other loading equipment in the orchards except in an emergency, or except when the regularly assigned operator or operators are unavailable, or except when it is necessary to do so to supply boxes or bins to the pickers or remove fruit from the orchard in order to prevent an interruption of the operation. This paragraph shall not be used for the purpose of avoiding the recall of bargaining unit workers for work they would normally perform.

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ARTICLE 14 HEALTH AND SAFETY

Section 1.

The Company and Union are interested in the health and safety of employees 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. The Company recognizes that use of certain chemicals injurious to farm workers must be such so as not to cause injury to employees. In order to insure the protection of the Company's employees from injurious chemicals which may be applied by other parties with whom the Company has a contract for performing harvesting work, the Company agrees to insert a provision in all such contracts with such parties which provides that the party will not use chemicals banned by law such as, but not limited. to: DDT, DDD, DDE, Aldrin and Dieldrin. Upon request by the Union to the Company, the Company shall use its best efforts to obtain from parties with whom it has entered into contracts the records of such party which would disclose the following information:

  1. Location of field treated with injurious materials;
  2. Name of material used by brand name and chemical name and registration number;

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  3. Date and time material was applied and its formulation;
  4. Amount of material applied and its formulation and concentration;
  5. Method of application; and
  6. Applicator's name and address, if any.

Section 2.

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.

Section 3.

The Union shall cause to be formed a Health and Safety Committee (the "Committee") comprised of workers' representatives. The Committee may confer with the Company with respect to the formulation of rules and practices relating to the health and safety of the workers, including the use of tools and equipment as they may affect the health and safety of workers and sanitary conditions.

Section 4.

No worker shall be required to work in any work situation which would immediately endanger his/her health or safety.

Section 5.

There shall be adequate toilet facilities, separate for men and women, in the field readily accessible to workers, that will be maintained by the Company in a

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clean and sanitary manner. These may be portable facilities and shall be maintained at the ratio of one (1) for every thirty-five (35) workers or fraction thereof.

Section 6.

Each place where there is work being performed shall be provided with suitable, cool, potable drinking water convenient to workers. Individual paper drinking cups shall be provided.

Section 7.

Tools and equipment and protective garments necessary to perform the work and/or to safeguard the health of or to prevent injury to a worker's 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 the worker by the Company.

Section 8.

At the time an employee actually starts picking lemons, the Company shall, upon request by the employee, provide him with one new pair of leather gloves. In accordance with the provisions of Section 7, the employee shall be responsible for returning gloves issued to him, but shall not be responsible for normal wear and tear. Employees shall be charged the Company's actual cost for gloves not returned. If an employee has picked more than forty (40) bins during the months of September and October, he shall

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be entitled to another pair of leather gloves, provided he requests that the Company issue him another pair of leather gloves and provided he returns his used gloves to the Company. If an employee has picked more than fifty (50) bins, he shall be entitled to another pair of leather gloves, provided he requests that the Company issue him another pair of leather gloves and provided that he returns his used gloves to the Company. If an employee requests that the Company issue him a new pair of leather gloves before he has picked fifty (50) bins, he shall be charged the Company's actual cost for the new gloves on a pro rata basis for the actual number of bins he has picked since his old pair of gloves was issued.

Section 9.

Adequate first aid supplies shall be provided for each crew and kept in clean and sanitary dust-proof containers.

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ARTICLE 15 MECHANIZATION

Section 1.

The Company shall have the right to use the kinds of mechanical equipment it has used in the past and to use new kinds of mechanical equipment except as restricted in Sections 2 and 3 of this Article.

Section 2.

In the event the Company anticipates the mechanization of any operation of the Company that will permanently displace employees, the Company before commencing such mechanical operations shall meet with the Union to discuss the training of displaced employees to operate and maintain the new mechanical equipment, the placement of displaced employees in other jobs with the Company, the training of such employees for other jobs with the Company, or the placing of such employees on a preferential hiring list which the Company and the Union will use in conjunction with Article 3, Hiring.

Section 3.

If the Company anticipates mechanization of its operations which will permanently displace more than twenty-five (25%) percent of its employees, it shall notify the Union and, upon request, bargain with the Union prior to the introduction of such mechanical equipment. If the parties cannot agree on the introduction of such equipment, the Company shall have the right to utilize it and the Union shall have the right to strike, notwithstanding the provisions of Article 6, No Strikes.

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ARTICLE 16 MANAGEMENT RIGHTS

Section 1.

The Company retains all of its established, traditional and inherent rights of management except as expressly and explicitly modified by this Agreement. The parties agree that specific enumeration or illustration of the Company's management rights is unnecessary.

Section 2.

The Company shall have the right to establish and post work rules and safety rules applicable to all workers.

Section 3.

The Union shall have the right to appeal to the grievance procedure if the exercise of any of the management rights provided for in Section 1, above, or the establishment of work rules or safety rules provided for in Section 2, above, violates or conflicts with any other provision of this Agreement.

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ARTICLE 17 NEW OR CHANGED OPERATIONS

In the event a new or changed operation or new or changed job classification is established, 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 giving notice. Upon request, the Company shall meet with the Union and negotiate with respect to the wage or piece rate. In the event such rate cannot be agreed upon between the Union and the Company, it shall be submitted to the grievance procedure, including arbitration, if necessary, for determination beginning at the second step. Any rate or wage agreed upon or resolved in the grievance procedure or determined by the arbitrator shall be effective from the date of the installation of such new or changed operation.

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ARTICLE 18 HOURS OF WORK AND OVERTIME

Section 1.

Employees whom the Company assigns to work over eight (8) hours during any day shall be paid a premium of thirty-five (35¢) cents for all hours they are assigned to work in excess of eight (8) hours but no more than ten (10) hours in any one day.

Employees whom the Company assigns to work over ten (10) hours in any day shall be paid at the rate of one and one-half (1-½) times their regular rate of pay or their average hourly piece rate earnings based on the preceding payroll week for all hours they are assigned to work in excess of ten (10) hours in any one workday.

Section 2.

Employees shall be paid at the rate of one and one-half (1-½) times their regular rate of pay or their average hourly piece rate earnings based on the preceding payroll week for the first eight (8) hours they are assigned to work on their seventh (7th) consecutive workday and, thereafter, two (2) times their regular rate of pay or their average hourly piece rate earnings based on the preceding payroll week for all hours they are assigned to work in excess of eight (8) hours on such day.

Section 3.

There shall be no pyramiding of overtime premium.

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Section 4.

Each employee shall be entitled to one full day (24 hours) off work without pay during each payroll week. Insofar as possible, work shall be arranged so that each employee will have Sunday off.

Section 5.

Mealtime breaks shall be one-half (½) hour and shall not be compensated for nor counted as hours worked.

Section 6.

An employee shall receive the rate of his classification for all time worked, including time, if any, worked in a classification with a lesser rate of pay.

Section 7.

When an employee performs work in a higher rated job, he shall be paid at the higher rate for all time worked on the higher rated job.

Section 8.

When an employee is working as a trainee in a higher rated job, he shall be paid for such training period at his regular rate of pay for a time period up to twenty-eight (28) continuous calendar days; if such employee qualifies for the higher rated job and retains it after the twenty-eight (28) continuous calendar days, he shall then be paid at the higher rate.

Section 9.

Wage rates for specified job classifications are set forth in Appendix A attached hereto.

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ARTICLE 19 REPORTING AND STANDBY TIME

Section 1.

An employee who is required to report to work and does report and is furnished no work shall be paid at least four (4) hours at his hourly rate of pay or his average hourly piece rate earnings based upon the preceding payroll week. If an employee starts work and is furnished less than four (4) hours of work, he shall be paid at least four (4) hours at his hourly rate of pay or his average hourly piece rate earnings based upon the preceding payroll week. This section shall not apply where work covered by this Agreement is delayed or cannot be carried out because of rain, frost, government condemnation of crop, excessive moisture, refusal of employees to work, or other causes beyond the control of the Company.

Section 2.

The Company shall make every effort to provide employees with a reporting time as close as possible to the actual work starting time.

Section 3.

An employee shall be paid for all time he is required to remain on the job at his hourly rate, or his average piece rate earnings based on the preceding payroll week.

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ARTICLE 20 REST PERIODS

Employees shall have paid rest periods of ten (10) minutes each, which insofar as practical, shall be in the middle of each four (4) hour work period or major fraction thereof.

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ARTICLE 21 BEREAVEMENT PAY

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, or father-in-law), an employee who has worked for the Company at least five (5) days, including days off on excused absences, during the two (2) weeks preceding the week of the funeral will be paid what he would have earned had he been working for the Company, not to exceed three (3) days. The Company may require a death certificate or other evidence of death.

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ARTICLE 22 VACATIONS

Section 1.

The Company shall grant vacations with pay to employees according to the following schedule, based on hours and gross earnings in the prior calendar year (calendar year in this paragraph means January 1 through December 31):

  1. All employees who worked six hundred and fifty (650) hours or more in the prior calendar year and with one (1) year of service with the Company, will qualify for an amount equal to two percent (2%) of their total gross earnings earned in the prior calendar year and one (1) week of vacation.
  2. All employees who worked six hundred and fifty (650) hours or more in the prior calendar year and with four (4) years of service with the Company, will qualify for an amount equal to four percent (4%) of their total gross earnings earned in the prior calendar year and two (2) weeks of vacation.
  3. If an employee's vacation period includes one of the holidays set forth in Article 23, his or her vacation period shall be extended to include such holiday.
  4. Vacation time off for employees shall be mutually agreed upon, except if more employees want a particular vacation period than can reasonably be spared, the employee with the highest seniority shall have first preference.

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  5. Vacation checks for eligible employees are due and payable on January first (1) of every year, except that the employee may request that the Company defer payment until such time off under Section D above.
  6. An employee's original date of hire with the Company, provided there was no break in service thereafter, shall be his seniority date for purposes of determining his vacation pay earnings, notwithstanding the fact that their original date of hire predates the execution date of the parties' first agreement.

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ARTICLE 23 HOLIDAYS

Section 1.

During the term of this Agreement, Thanksgiving, Christmas Day and New Year's Day shall be paid holidays. Holiday pay shall be the daily average pay earned during the payroll week immediately preceding the holiday, unless the employee did not work during such week in which event his holiday pay shall be the daily average pay earned during the second payroll week preceding the holiday.

Section 2.

To be eligible for a paid holiday not worked an employee must be employed and work at least five (5) days during the two (2) payroll weeks immediately preceding the payroll week in which the holiday falls, and must 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 workday after the holiday shall not apply.

Section 3.

Any work performed on the above listed holidays shall be paid for at the rate of one and one-half (1-1½) times the regular rate of pay and shall be in addition to the employees' regular earnings on that day.

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Section 4.

"Citizenship Participation Day" shall be designated as the second Sunday of October. All employees qualifying under Section 2 above shall receive holiday pay as provided herein.

Upon receipt of proper written authorization from the employee, the Company shall deduct from such employee's wages the pay received for Citizenship Participation Day and shall remit such sum to the Citizenship Participation Committee of the United Farm Workers, AFL-CIO, for allocation as designated by the employees.

Section 5.

The Union shall indemnify and hold the 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 the Company for the purpose of compliance with Section 5 above, provided however that each party will pay their respective legal costs.

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ARTICLE 24 JURY DUTY AND WITNESS PAY

Section 1.

An employee who has worked for the Company at least five (5) days during the two (2) weeks preceding the week in which he is summoned to appear to serve on a jury or as a witness in a judicial or administrative hearing not between the parties shall be eligible for pay if he misses work as a result of such service.

Section 2.

The Company shall pay an employee eligible for jury duty or witness pay an amount equal to the difference between the amount of pay he would have received from the Company for all of his scheduled work hours and the amount he received for complying with the summons. To receive pay under this provision the employee must provide the Company with the summons for his appearance and documentary evidence of the amount of fees received for performing such service.

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ARTICLE 25 RECORDS AND PAY PERIODS

Section 1.

The 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 total wages each payday, which shall include the workers' piece rate production records. The individual employee shall be given a record of his piece rate production. As soon as possible at the beginning of each week, the steward shall be given, in writing, the daily piece rate production information, which shall include:

Section 2.

The Union shall have the right, upon reasonable notice given to the Company, to examine time sheets, work production or other records that pertain to workers compensation.

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ARTICLE 26 INCOME TAX WITHHOLDING

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.

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ARTICLE 27 CREDIT UNION WITHHOLDING

Upon proper written authorization from 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 fund.

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ARTICLE 28 ROBERT F. KENNEDY FARM WORKERS MEDICAL PLAN

The Company shall, effective September 1, 1980, contribute to the Robert F. Kennedy Farm Workers Medical Plan, thirty-six cents (36¢) for every hour worked during the preceding monthly payroll period for every worker covered by the Agreement. The contribution rate shall be increased to thirty-eight cents (38¢) per hour for each hour worked for all workers covered by this Agreement effective September 1, 1981, and shall remain at that rate for the duration of the Agreement.

Contributions due shall be deposited with such bank as designated by the Administrator of the plan. Said deposits shall be made or mailed not later than the 20th day of the month following the ending date of the previous month's payroll period. A summary report in accordance with Article 31 shall be remitted to Robert F. Kennedy Farm Workers Medical Plan, Department 3-6534, Los Angeles, California 90088, or such other address as designated by the Administrator of the Fund.

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ARTICLE 29 JUAN DE LA CRUZ FARM WORKERS PENSION FUND

The Company shall contribute to the Juan De La Cruz Farm Workers Pension Fund twenty cents (20¢) per hour for each hour worked by all workers covered by this Agreement, beginning September 1, 1980.

In accordance with Article 31 the monies and a summary report shall be remitted to the Juan De La Cruz Farm Workers Pension Plan, Department 2-6242, Los Angeles, CA 90088, or such other address as designated by the Administrator of the Fund.

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ARTICLE 30 MARTIN LUTHER KING FUND

Effective the month immediately following the month a campesino center funded by monies contributed to the fund is opened in Blythe, California, or September, 1981, whichever is later, the Company shall contribute to the Martin Luther King Fund six cents (6¢) per hour for each hour worked by all workers covered by this Agreement, provided the campesino center referred to herein is open and operative for five (5) or more days per week. In the event, the campesino center is open and operative for less than five (5) days per week, the Company shall contribute to the Martin Luther King Fund three cents (3¢) per hour for each hour worked by all workers covered by this Agreement. In the event, the campesino center is opened but subsequently closes, the Company's obligation to make contributions to the Martin Luther King Fund shall cease during the period the campesino center remains closed.

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 Luther King Fund shall obtain and maintain federal tax exemption and all contributions by the Company shall be deductible under the Internal Revenue Code.

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In accordance with Article 31, the monies and a summary report shall be remitted to the Martin Luther King Farm Workers Fund, Department 2-7355, Los Angeles, CA 90088, or at such other address as designated by the Administrator of the Fund.

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ARTICLE 31 REPORTING ON PAYROLL DEDUCTIONS AND FRINGE BENEFITS

All contributions due hereunder on fringe benefit plans shall be computed on the preceding monthly payroll period for every worker covered by the Agreement. In conjunction therewith, a monthly summary report will be submitted on or before the 20th of every month covering the preceding monthly payroll for which contributions for fringe benefits are due. The monthly summary report shall include the employees' names, social security numbers, total hours worked by workers, total number of workers and amount of contributions.

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ARTICLE 32 CAMP HOUSING

The Company and Union agree that the Company does not presently operate camp housing for its employees. If this practice should change during the life of this Agreement, then the following provisions shall apply:

  1. Assignment of available camp housing shall be on a Company-wide seniority basis. The Company agrees to maintain records on housing assignments and make such records available to the Union. There shall be no discrimination of assignments because of a worker's race, age, creed, color, religion, sex, political belief, national origin, or language spoken.
  2. During the life of this Agreement, the Company shall operate and maintain its camp housing in the same manner as before the execution of this Agreement.
  3. Camp boarding shall be operated on a nonprofit basis.

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ARTICLE 33 BULLETIN BOARD

The Company will provide a bulletin board placed at such a central location in each area as shall be mutually agreed upon, on which the Union may post notices of Union business. For the purpose of this Article, Blythe, Coachella, and Riverside are the areas referred to.

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ARTICLE 34 FAMILY HOUSING

The Company and the Union recognize that one of the most serious needs of farm workers who help produce food for the nation is adequate family housing. It is mutually agreed by the Company and the Union that they will, when they are in agreement as to any particular piece of legislation and when they are in agreement as to means and method of action, cooperate to encourage governmental action at the federal, state, and county levels to plan, finance and construct public housing in important agricultural locations.

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ARTICLE 35 SUBCONTRACTING

Section 1.

Subcontracting is permissible under this Agreement where employees in the bargaining unit covered by this Agreement do not have the skills to operate and maintain the equipment or perform work of a specialized nature

Section 2.

Subcontracting is permissible under this Agreement where the Company does not have the equipment to do the work being subcontracted. When the Company does subcontract pursuant to the terms of this provision, any employees of the subcontractor who actually operate or maintain the equipment shall not be covered by the terms of this Agreement. However, any employees 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.

Section 3.

The Company shall notify the Union in advance of any subcontracting.

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ARTICLE 36 LOCATION OF COMPANY OPERATIONS

The Company shall provide the Union, upon request, with the exact locations of its agricultural operations for use by Union representatives pursuant to Article 7 of this Agreement: Right of Access to Company Property. It is understood that the nature of the Company's operations is such that it may get short notice requests for its services, in which case the Company shall give as much notice to the Union as it itself has.

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ARTICLE 37 MODIFICATION

No provision or term of this Agreement may be amended, modified, changed, altered or waived except by written document executed by the parties hereto.

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ARTICLE 38 SAVINGS CLAUSE

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.

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ARTICLE 39 SUCCESSOR CLAUSE

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.

By this Article the parties seek to define contractual rights and do not waive any statutory rights.

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ARTICLE 40 DURATION OF AGREEMENT

This Agreement shall be in full force and effect from November 3, 1980, to and including September 1, 1983. 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.

Executed this 27 day of December, 1980 January, 1981

UNITED FARM WORKERS OF
AMERICA, AFL-CIO
COACHELLA GROWERS, INC.
BY___________________ _____________________
_____________________ _____________________
_____________________
_____________________
_____________________
_____________________

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APPENDIX A
WAGES

A. Hourly Rates Effective 9/1/80 Effective 9/1/81 Effective 9/1/82
Fork Lift Operators $5.75 $6.35 $7.00

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APPENDIX B
LEMON HARVEST PIECE RATE PROCEDURE

A. The parties agree that the lemon picking rate sheet attached hereto shall be the sole basis for determining lemon picking rates as provided herein.

B. It is agreed that when picking begins each day, the picking rate for that day for the particular crew shall be determined from said picking rate sheet in accordance with the following procedure:

  1. Before the picking begins, the Employer will announce the maximum height at which fruit shall be harvested. The height as announced by the foreman shall be measured vertically from the lowest ground level to the highest fruit to be picked. The height as announced will determine the class on the picking rate sheet that will be used in determining the picking rate for that particular orchard or that block on that day. The Employer shall determine the maximum height of fruit to be picked.
  2. The Employer will determine the size of the fruit being picked in the orchard or block by making a periodic count as follows:
    1. The Employer shall use a standard field box of 3115 cubic inches.

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    2. The Employer shall make a sample count at intervals of approximately two hours while the picking is in progress.
    3. The Employer shall take from a picker at different locations in the orchard or block a sack(s) of lemons, which he shall use to fill the box which is used for this purpose, and he shall count the number of lemons contained in the full box. A full box shall be defined as level to top of the end cleats. The Employer shall not obtain lemons from the same picker more than once a day for the purpose of making the sample counts.
    4. The Employer shall record the count on the attached Rate Computation Sheet. The crew steward or other crew representative may witness the count and may challenge the accuracy of the count.
    5. The Employer shall, at the end of the day, average all sample counts for that day to find the average number of lemons per box for that day's picking.
  3. After the day's picking is completed, the Employer, using the attached Rate Computation Sheet, will determine the picking rate as follows:
    1. It will record the number of trees picked that day.

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    2. It will record the number of bins and partial bins picked that day. A wooden stick or rod divided into tenths of a bin shall be used for the purpose of measuring unfilled bins. Workers shall be credited with the next highest calibration, e.g., if the fruit is between .3 and .4 of a level full bin, the worker will be credited .with .4 of a level full bin.
    3. It will divide the number of bins by the number of trees picked and determine the average yield of bins per tree.
    4. On the basis of the applicable class of trees, the average number of lemons per box, and the average yield of bins per tree, the Employer shall determine the picking rate for that day's picking.
  4. If any of the following specific conditions prevail on a particular day and to the extent that such conditions impede the work of the pickers, the Employer will make adjustments to the daily picking rate as it applies to the set specifically affected:
    • Poorly or unpruned trees $1.00 per bin
    • Workers having to carry more than one set 1.00 per bin
    • Borders (effective beginning 1981-1982 harvest) 1.00 per bin

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    A poorly or unpruned tree is a tree which a worker with reasonable effort cannot enter in order to pick fruit in the center of the tree. A mere variance in the effort required by a worker to pick the fruit in the center of a tree shall not be determinative of the existence of this condition. Tangled trees, which are a variant of poorly or unpruned trees, are trees between which the worker with reasonable effort cannot pass.

    Borders are continuous mounds of dirt which must be repeatedly crossed by a worker while picking in a particular set.

  5. A copy of the Picking Sheet or the Rate Computation sheet showing the above-described records for the day will be given to the crew steward on the following workday.
  6. If the crew steward or other crew representative questions the rate, he may request and shall be granted an immediate meeting with a representative of the Employer, and further, may request an explanation of the computation of the rate.
  7. If the crew steward or other crew representative considers that the matter has not been satisfactorily explained, or satisfactorily resolved, he may request and shall be granted a Second Step grievance meeting which shall be held after working hours. Any disputes regarding the appropriate rate shall not interfere with work and shall not justify any action proscribed by Article 6, No Strikes-No Lockouts.

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  8. A full bin shall be defined as level full.

C. Definition of Sets. A regular set shall consist of trees not exceeding twenty-four (24) in number with, the bin(s) positioned as near the center of the trees to be picked as possible.

[To see the image of "REGULAR SET CONFIGURATIONS", see page 80 of the PDF version of this contract. Ed.]

In the case of trees which fall in Class 1 (no ladders), a set may consist of more trees.

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PICKING RATE SHEET
1980-1981 HARVEST

LEMON PICKING RATES
IN DOLLARS PER
49,603 CUBIC INCH BIN
CLASS 1
NO LADDERS
CLASS 2
FRUIT UNDER 10 FEET
CLASS 3
FRUIT 10 FEET AND OVER
AVERAGE YIELD OF
BINS PER TREE

FROM       TO
LEMONS PER BOX LEMONS PER BOX LEMONS PER BOX
LESS THAN 256 256 OR MORE LESS THAN 256 256 OR MORE LESS THAN 256 256 OR MORE
0.0 - .0624         18.50 19.00
.0625 - .0937         18.00 18.50
.0938 - .1249         17.75 18.25
.125 - .1874         17.50 18.00
.1875 - .249         16.50 17.00
.25 - or more         16.25 16.75

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PICKING RATE SHEET
1981-1982 HARVEST

LEMON PICKING RATES
IN DOLLARS PER
49,603 CUBIC INCH BIN
CLASS 1
NO LADDERS
CLASS 2
FRUIT UNDER 10 FEET
CLASS 3
FRUIT 10 FEET AND OVER
AVERAGE YIELD OF
BINS PER TREE

FROM       TO
LEMONS PER BOX LEMONS PER BOX LEMONS PER BOX
LESS THAN 256 256 OR MORE LESS THAN 256 256 OR MORE LESS THAN 256 256 OR MORE
0.0 - .0624     18.75 19.25 19.25 19.75
.0625 - .0937     18.25 18.75 18.75 19.25
.0938 - .1249     18.00 18.50 18.50 19.00
.125 - .1874     17.75 18.25 18.25 18.75
.1875 - .249     16.75 17.25 17.25 17.75
.25 - or more     16.50 17.00 17.00 17.50

A $1.00 per bin premium for ring picking which occurs prior to and including November 1, 1981 shall be paid.

- 83 -

PICKING RATE SHEET
1982-1983 HARVEST

LEMON PICKING RATES
IN DOLLARS PER
49,603 CUBIC INCH BIN
CLASS 1
NO LADDERS
CLASS 2
FRUIT UNDER 10 FEET
CLASS 3
FRUIT 10 FEET AND OVER
AVERAGE YIELD OF
BINS PER TREE

FROM       TO
LEMONS PER BOX LEMONS PER BOX LEMONS PER BOX
LESS THAN 256 256 OR MORE LESS THAN 256 256 OR MORE LESS THAN 256 256 OR MORE
0.0 - .0624 19.00 19.50 19.50 20.00 20.00 20.50
.0625 - .0937 18.50 19.00 19.00 19.50 19.50 20.00
.0938 - .1249 18.25 18.75 18.75 19.25 19.25 19.75
.125 - .1874 18.00 18.50 18.50 19.00 19.00 19.50
.1875 - .249 17.00 17.50 17.50 18.00 18.00 18.50
.25 - or more 16.75 17.25 17.25 17.75 17.75 18.25

A $.75 per bin premium for ring picking which occurs prior to and including November 1, 1982 shall be paid.

- 84 -

RATE COMPUTATION SHEET

DATE______________________________________________________
CREW______________________ LOCATION______________________
HEIGHT OF FRUIT PICKED_____________________________________

FRUIT COUNT: NAME OR NUMBER
OF PICKER
COUNT
1.__________________ _______
2.__________________ _______
3.__________________ _______
4.__________________ _______
5.__________________ _______

AVERAGE NUMBER OF LEMONS PER BOX__________________________
TREES PICKED_______________________________________________
BINS PICKED________________________________________________
BINS PER TREE______________________________________________

RATE: $_______
_______

________________________
EMPLOYER REPRESENTATIVE

- 85 -

APPENDIX C
COACHELLA GROWERS, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

TO:_____________ DATE:____________
________________ WORKER'S SOCIAL SECURITY NO.__________
SENIORITY DATE:_______________

NOTICE OF RECALL

In accordance with the provisions of Article 4 of the Agreement between Coachella Growers, Inc. and the United Farm Workers of America, AFL-CIO, you are hereby given official notice of recall for re-employment as a ___________.

This work is anticipated to begin on _____________ and the estimated duration is approximately __ working days. Enclosed please find a postage prepaid card. Please return it as soon as possible so we may know who is returning to work. If time does not permit a mail reply, please call the Company phone number ____________, or notify _______________, who will be the crew foreman.

The starting date is subject to change and the exact date can be obtained as follows; seventy-two (72) hours in advance:

- 86 -

  1. Call the Company office, phone number _______________.
  2. Call the Union office, phone number _______________.
  3. A notice will be posted on the Company bulletin boards and in the Union office.
  4. Listen to Radio Station ____ for the information.

Remember to bring your social security card on the date you report for work. Failure to respond to this recall may result in loss of your seniority under Article 4, Section 3(e).

- 87 -

APPENDIX D
LEAVE OF ABSENCE

This is to certify that _______________________________
has been granted a leave of absence from ______________
to _________________, 198_, for the following reasons:
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________

____________________
Foreman

____________________
Union Steward

- 88 -

APPENDIX E
FAMILY REGISTRATION FORM

We wish to register as a family for the purposes of seniority under Article 4, Section 17 of the Agreement between Coachella Growers, Inc. and the United Farm Workers:

Names of Family Members Social Security Number






Signed


By_________________________

Mail to: Coachella Growers, Inc.
P.O. Box 1768
Indio, California
(714) 347-8651

- [88-a] -

LETTER OF UNDERSTANDING
BETWEEN
COACHELLA GROWERS, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

RE: Article 3, Hiring

Notwithstanding Paragraph D of Article 3, Hiring, the Company shall not reject applicants who previously quit employment with the Company because they quit employment but rather shall consider their application for employment without regard to such conduct. This Letter of Understanding shall be applicable solely to current employees of the Company, provided the employee gives the Company notice of his intention to quit seven (7) work days in advance of the day he quits. A voluntary quit, nevertheless, shall constitute a break in seniority as per Article 4, Section 2A, Seniority, for all employees.

Dated: 1-27-81

COACHELLA GROWERS, INC. UNITED FARM WORKERS OF
AMERICA, AFL-CIO
___________________ ___________________
___________________ ___________________
___________________ ___________________
___________________

- 89 -

LETTER OF UNDERSTANDING
BETWEEN
COACHELLA GROWERS, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

RE: Article 4, Section 2

In addition to the reasons specified in Article 4, Section 2, the parties agree that promotion of an employee to a supervisory job outside of the bargaining unit for thirty (30) days shall result in a break in seniority.

___________________________
UNITED FARM WORKERS OF
AMERICA, AFL-CIO
___________________________
COACHELLA GROWERS, INC.

- 90 -

LETTER OF UNDERSTANDING
BETWEEN
COACHELLA GROWERS, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

RE: Article 5

In applying Article 5, Section 9, Grievance and Arbitration, it is understood that the seven and one-half (7-½) hours of released time to members of the Ranch and Grievance Committee and stewards is a total amount of time for all of the members of both committees and stewards. Thus, for example, if three members of the Grievance Committee and two other members of the Ranch Committee and one steward spend one hour during working hours in a grievance meeting, this shall be counted as six hours.

___________________________
UNITED FARM WORKERS OF
AMERICA, AFL-CIO
___________________________
COACHELLA GROWERS, INC.

- 91 -

LETTER OF UNDERSTANDING
BETWEEN
COACHELLA GROWERS, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

RE: Article 11, Section 1

Appointment to an office or position in the Union shall not exceed ten percent (10%) of the workers covered by this Agreement.

___________________________
UNITED FARM WORKERS OF
AMERICA, AFL-CIO
___________________________
COACHELLA GROWERS, INC.

- 92 -

LETTER OF UNDERSTANDING
BETWEEN
COACHELLA GROWERS, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

RE: Articles 12 and 16

It is understood and agreed by the parties, that despite the provisions of Article 12, Maintenance of Standards, the Company may pursuant to Article 16, Management Rights, for legitimate business reasons, change or eliminate a local working condition, if, as the result of action taken by the Company the basis for the existence of the local working condition is changed or eliminated, thereby making it unnecessary to continue such local working condition, provided however, that if such a change or elimination is made by the Company, any affected employee shall have recourse to the grievance procedure and arbitration, if necessary, to have the Company justify its action. The Company shall not discontinue a local working condition as a result of the signing of the Agreement.

___________________________
UNITED FARM WORKERS OF
AMERICA, AFL-CIO
___________________________
COACHELLA GROWERS, INC.

- 93 -

LETTER OF UNDERSTANDING
BETWEEN
COACHELLA GROWERS, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

RE: Article 14

1. Article 14, Section 6 shall be interpreted to require the Company to provide sanitary water. That requirement shall be interpreted in light of the general quality of water available in the Blythe, California, area.

2. Article 14, Section 7 shall be interpreted to require the Company to provide employees with bump caps within sixty (60) days of the beginning of the 1980 harvest. Because the parties recognize provision of the bump caps as an important safety measure, use of the bump caps will be mandatory and nonuse by an employee shall subject the employee to discipline, including discharge.

3. Article 14, Section 8 shall be revised to entitle an employee to another pair of leather gloves after he has picked 40 or more bins during the months of September and October. All other provisions set forth in the referenced section shall remain unchanged.

- 94 -

4. On an experimental basis, the Company shall supply one picking crew selected by the parties on or about November 1, 1980, with nylon picking bags. The nylon picking bags shall be used by all members of the selected crew for a period of twenty (20) workdays. At the conclusion of this period, the parties shall meet to confer regarding the relative advantages and disadvantages of nylon versus canvas picking bags. In the event there are no disadvantages associated with the nylon picking bags and in the event a substantial majority of the employees indicate a preference for them, nylon picking bags will be phased in as the Company's current supply of canvas bags become unusable and are replaced.

___________________________
UNITED FARM WORKERS OF
AMERICA, AFL-CIO
___________________________
COACHELLA GROWERS, INC.

- 95 -

LETTER OF UNDERSTANDING
BETWEEN
COACHELLA GROWERS, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

RE: Article 19

It is understood and agreed between the Company and the Union that hours paid for under Article 19, Reporting and Standby Pay, are deemed to be hours worked and subject to all contributions and benefits included elsewhere in the Agreement.

___________________________
UNITED FARM WORKERS OF
AMERICA, AFL-CIO
___________________________
COACHELLA GROWERS, INC.

- 96 -

LETTER OF UNDERSTANDING
BETWEEN
COACHELLA GROWERS, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

RE: Article 36

Where the Company does not have a contract for harvesting, with a particular grower, it shall not be required to provide information, pursuant to Article 36, until a contract is signed. The parties agree, however, that if the Company ever should perform harvesting work under an oral contract, it will provide the Union with the information required by this Article as soon as the oral contract is made.

___________________________
UNITED FARM WORKERS OF
AMERICA, AFL-CIO
___________________________
COACHELLA GROWERS, INC.

- 97 -

LETTER OF UNDERSTANDING
BETWEEN
COACHELLA GROWERS, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

RE: Union Label

Coachella Growers, Inc. does not market any of the agricultural products which it harvests, nor does it market any other agricultural products. If the Company should change its operations and begin itself to market agricultural products, the following provisions shall become applicable:

UNION LABEL

The parties recognize the value and importance of the Union label. The parties wish to ensure that the public will not be defrauded by a misuse of the Union label. Therefore the Company and the Union agree that in the event the Company changes its operation to include marketing products under its own label or someone else's label, then the following provisions shall apply:

  1. The Company will make available to the designated Union representative at the Union's request:

    - 98 -

    Labels:

    1. (a) Trademark registration
    2. (b) Printing sources
    3. (c) Number of labels used
  2. The Union label and Union seal are, and shall remain, the sole property of the Union. During the term of this Agreement, the Company, with the Union's permission, may use the Union label or seal. In this regard, the Company shall not sell, transfer, or assign its right to use said label or seal except upon written permission of the Union. The color, size and placement of the label or seal on particular packages or containers shall be determined by the Company.
  3. Security Clause. In the event of 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 damage to the Union. In the event that the Union revokes the Union label or seal, it 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 the Union, the label or seal shall be completely obliterated on any package, container or unit.
  4. - 99 -

  5. Following of industry practice with respect to exchange of sizes, mixed cars, private labels, or purchase of products 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.

___________________________
UNITED FARM WORKERS OF
AMERICA, AFL-CIO
___________________________
COACHELLA GROWERS, INC.

- 100 -

LETTER OF UNDERSTANDING
BETWEEN
COACHELLA GROWERS, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

RE: PIECE RATE PROCEDURE

Effective beginning 1981-1982 harvest, if the following specific condition prevails on a particular day and to the extent that such condition impedes the work of the pickers, the Employer will make an adjustment to the daily Picking rate as it applies to the set specifically affected:

Levees $1.00 per bin

Levees are mounds of dirt which run parallel to the trees which must be repeatedly crossed by a worker while picking a particular set and which in addition also significantly interfere with the worker's ability to pick fruit near the base of the tree. Such conditions currently exist covering approximately 113 acres on block 48-2 located east of the old shop area and approximately 10 acres (approximately 42 rows and 20 trees into the orchard) on block 13-3--specifically, the west end of the first two blocks located north of the old shop area. If these conditions exist at the time

- 101 -

these parts of these blocks are picked during the 1981-1982 and 1982-1983 harvests, the bin rate adjustment provided for here will become effective.

___________________________
COACHELLA GROWERS, INC.
___________________________
UNITED FARM WORKERS OF
AMERICA, AFL-CIO

- 102 -

LETTER OF UNDERSTANDING
BETWEEN
COACHELLA GROWERS, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

RE: PIECE RATE PROCEDURE

Effective beginning 1982-1983 harvest, if the following specific conditions, in whole or in part, prevail on a particular day and to the extent that such conditions impede the work of the pickers, the Employer will make an adjustment to the daily picking rate as it applies to the set specifically affected:

Branches/sandburrs/weeds $ .50 per bin

The rate is effective where, as a result of recent pruning, branches in excess of two feet in length cover twenty-five percent of the ground in a particular set and/or where sandburrs in excess of six inches in height cover ten percent of the ground in a particular set and/or where weeds in excess of twelve inches in height cover twenty-five percent of the ground in a particular set.

The Employer shall not be liable to make adjustments in the bin rate as a result of the existence of the conditions referred to herein in excess of $9,000 during the 1982-1983 harvest.

___________________________
COACHELLA GROWERS, INC.
___________________________
UNITED FARM WORKERS OF
AMERICA, AFL-CIO

- [103] -

LETTER OF UNDERSTANDING
BETWEEN
COACHELLA GROWERS, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

RE: PIECE RATE PROCEDURE

In the event the employer decides to perform harvesting work during September, October, and November, 1982 at Class I (no ladder) rates, it will explain the economic reasons for doing so (e.g., frost, sandstorm, sun burn) to the Union and to the workers affected by that decision.

Any disputes arising from the application of this letter of understanding will be subject to Article 5, Grievance and Arbitration.

Dated: 1-27-81

COACHELLA GROWERS, INC. UNITED FARM WORKERS OF
AMERICA, AFL-CIO
By______________ By______________
________________ ________________
________________
________________
________________
________________

[...]

[Page 103-a was missing in the original printed contract and is thus not reproduced here. Ed.]

- 104 -

LETTER OF UNDERSTANDING
BETWEEN
COACHELLA GROWERS, INC.
AND UNITED FARM WORKERS OF AMERICA, AFL-CIO

The Company during the term of this Agreement will not reduce the number of hours of work assigned to its harvesting crews solely to eliminate overtime pay liabilities to its forklift operators that otherwise would be incurred.

___________________________
UNITED FARM WORKERS OF
AMERICA, AFL-CIO
___________________________
COACHELLA GROWERS, INC.

- 105 -

LETTER OF UNDERSTANDING
BETWEEN
COACHELLA GROWERS, INC.
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

RE: RETROACTIVITY

In consideration of the Union's execution of the new collective bargaining agreement, the Company agrees to pay workers retroactive pay as follows: Each worker shall receive $1.00 per bin that he or she picked from the start of the 1980-1981 harvest to and through November 1, 1980. Further, fork lift operators shall be paid retroactively as though paid $5.75 per hour beginning with the start of the current harvest. Payment shall be made prior to or on November 10, 1980, or on the day the new agreement is executed by the Union, whichever is later.

___________________________
COACHELLA GROWERS, INC.
___________________________
UNITED FARM WORKERS OF
AMERICA, AFL-CIO



 Creation of electronic edition: Jared Campbell.
© 2006 University of California, Davis.