Dairy Employees Union Master Labor Agreement, April 1, 2005 through March 31, 2008 : electronic version.
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This Agreement, entered into this _________________ day of__________, _________ by and between __________________________________________________ (hereinafter referred to as the Employer) and DAIRY EMPLOYEES UNION, LOCAL NO. 17, affiliated with the Christian Labor Association of the United States, (hereinafter referred to as the Union).
Whereas, the purpose of this Agreement is to promote and maintain fair and uniform working conditions and to maintain harmonious relationships between the Employer and his employees through such conditions, and a peaceful settlement on such differences as may arise.
The Employer recognizes the Union as the exclusive representative of the employees covered by this Agreement for collective bargaining. As a condition of employment, after thirty (30) days from the effective date of this Agreement, or after thirty (30) days from the date an employee is hired, whichever is later, all employees covered by this Agreement shall be required to become and remain members of the Union in good standing. The Union agrees that written notice shall be given to the Employer at least seventy-two (72) hours before all employee is required to be removed from his employment by reason of his failure to become a member of the Union as required by this Section.
The Employer agrees to deduct monthly the Union membership dues (which shall be deemed to include periodic fixed dues, initiation fees and assessments) from the earnings of the employees who are members of the Union subject to the requirements of law concerning authorization and assignment by the employee, and transmit the same to the Union within forty-eight (48) hours thereafter. Funds so deducted by the Employer shall be kept separate and apart from the general funds of the Employer and shall be held in trust by the Employer for the benefit of the Union.
The Employer shall give the Union equal opportunity with all other sources to refer suitable applicants for employment, but the Employer shall not be required to hire those referred by the Union or any other particular source.
In hiring, the Employer shall give preference of employment to applicants who have been previously employed in this industry. New employees shall remain probationary and shall not become regular employees until the completion of sixty (60) calendar days of service from the date of last hiring. Upon completion of sixty (60) calendar days of probationary service, employees shall enjoy seniority from the date of hiring. Probationary employees shall have no seniority rights during the probationary period and their employment may be terminated at any time in the sole discretion of the Employer. Discharge during the probationary period shall not be subject to the grievance procedure.
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The following information shall be given in writing by the Employer to the Union within seven (7) days from the date of hiring new employees: Name, home address and Social Security number of employees and the date employed.
The Supplemental Agreement is subject to and controlled by the terms of this Agreement and is referred to herein as a "Supplemental Agreement" attached hereto and made a part of this Agreement.
See Supplemental Agreement attached hereto and made a part of this Agreement.
- 3 -of the rights and benefits of this Agreement.
For all purposes under this Collective Bargaining Agreement, seniority shall be considered but shall not be the sole criteria.
Employees in the "Cash and Carry" industry shall not acquire seniority until they have been employed by the Employer for four (4) months and seniority shall then begin at the original date of hire.
The Employer and the Union agree that the provisions of this Agreement shall apply to all employees covered by this Agreement without discrimination and in carrying out their respective obligations under this Agreement neither will discriminate against any employee, on account of race, color, national origin, sex or creed.
Part time and casual employees shall be allowed, provided however, that the use of part time and casual employees does not prevent the employment of regular full time employees. A part time employee is defined as one who works twenty (20) hours or less per week, based on a six (6) day week. A casual employee is defined as an employee called in on emergency cases and with no fixed schedule. A regular employee is defined as an employee who works eight (8) hours per day for a minimum of five (5) days per week.
Employees shall be paid not less than twice monthly unless otherwise mutually agreed.
All employees shall receive a ten (10) minute rest period for every four (4) hours worked or as specified in Industrial Welfare Commission Order 14 - 2001.
All employees shall receive a thirty (30) minute lunch period for every five (5) hours or more worked or as specified in Industrial Welfare Commission Order 14 - 2001.
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Upon written application, the Employer may grant to an employee a leave of absence for a period of not more than ninety (90) days, and for good cause such leave may be extended by the Employer. The employee and the Union shall be given a written notice of the terms and conditions of any leave of absence granted.
An employee who undertakes other work or employment during any leave of absence without first securing permission from the Employer and the Union automatically cancels such leave of absence and shall be considered to have terminated his or her employment.
If any employee is hospitalized, under medical care, or has an extensive illness, time off exceeding ninety (90) days shall not apply towards vacation credits.
If an employee is unable to work because of sickness or injury due to no fault of his own, said employee shall not have more than his average daily wage deducted from his regular pay during his absence.
Any employee inducted into the United States Armed Forces after four (4) months of continuous employment with the Employer shall be entitled to receive prorated vacation with pay.
In the event an entire operation, or any separable, independent segment thereof is sold, leased, transferred, or taken over by sale, transfer, lease or assignment, or receivership or bankruptcy proceedings, this Agreement shall be binding upon the Employer's successors, administrators, executors and assigns, provided that there exists a similarity of operation and continuity of identity of said Employer's business, and further provided that the transferor, predecessor, assignor or lessor shall not be liable for violations of the collective bargaining contract or agreement of the successor. The Employer shall give notice of the existence of this Agreement to any purchaser, transferee, lessee or other assignee, etc., of the coverage by this Agreement or any part thereof.
The Employer may discharge or suspend an employee for just cause, but no employee shall be discharged or suspended unless a written warning notice shall previously have been given to such employee of a complaint against him concerning his work or conduct except, that no such prior warning notice shall be necessary if the cause for discharge or suspension is dishonesty, drinking related to his employment, or gross intentional disobedience. The complaint specified in such prior warning notice need not concern the same type of misconduct as the cause for discharge or suspension. No such warning notice shall remain in effect for a period of more than twelve (12) months. A copy of such warning notice shall be sent to the Local Union involved at the time it is given to the employee. An employee may request an investigation of his discharge or suspension or any warning notice and the Union shall have the right to protest any such discharge, suspension or warning
- 5 -notice. Any such protest shall be presented to the Employer in writing within ten (10) days, exclusive of Saturdays, Sundays and holidays, after the discharge, suspension or warning notice, and if not presented within such period, the right of protest shall be waived. A copy of any such protest shall be given to the Employer. Upon the filing of a protest the matter shall be immediately referred to the adjustment board selected in the manner provided in ARTICLE XIV for determination in accordance with the disputes procedure set forth therein. The Employer shall give a discharged employee a written notice of termination, and at the same time send a copy to the Local Union.
The Employer shall be entitled to establish work rules in connection with the Employer's operation and for the purpose of maintenance of discipline not inconsistent with the terms of this Agreement. The Union shall have ninety (90) days from the date of receipt of a copy of said rules to challenge the reasonableness of any of said rules in accordance with the procedures for the adjustment of grievances as provided in Article XIV. Employees may be discharged for just cause. Just cause shall include but not be limited to contract violations such as unauthorized strikes or work stoppages, violation of leave provisions, incompetence, intoxication, violation of Company rules, dishonesty or theft, misconduct, insubordination or unauthorized absence.
- 6 -shall act as Chairman. In the event the members of the adjustment board fail to agree on a Chairman, an authorized representative of the Director of the Federal Mediation and Conciliation Service shall be called upon to provide a panel of seven experience arbitrators, and each party shall alternately strike a name from the panel until one remains. The person whose name remains shall serve as Chairman. The decision of said board shall be in writing and accepted as final and binding the parties hereto.
It is agreed that for the purpose of carrying out the terms of this Agreement, including the administration of all supplemental benefit plans, that a duly accredited representative of the Union shall contact the Employer or his representative, if the Employer is unavailable, at a reasonable hour, and provide adequate notice to exercise the right to visit the Employer's property and buildings during working hours for the purpose of ascertaining whether the terms of this Agreement are being observed by the parties hereto, provided, however, that meetings between such representative and employee(s) shall in no way stop, hamper or interrupt the normal flow of work.
It is agreed that during the term of this Agreement, except as otherwise in this Agreement provided, that neither the Union, its officers or members shall instigate, call, sanction, condone or participate in any strike, slowdown, stoppage of work, boycott, picketing or willful interference with production, transportation or distribution, and that there shall be no lockout of employees by the Employer.
In the event that any of the employees violate the provisions of the above paragraph, the Union shall immediately order any of its members who participate in such action back to their jobs, forward copies of such order to the Employer and use any means at its disposal to influence the employees to return to work.
Any employee failing to report back to work within eight (8) hours of the strike, slowdown, stoppage, boycott or picketing or failing to cease engaging in any of the above conduct will be subject to discipline by the Employer. Discipline may include loss of seniority or discharge.
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This Agreement shall be in full force and effect on April 1, 2005, irrespective of the date of execution of this Agreement, to and including March 31, 2008, and shall continue to be in full force and effect for successive yearly periods after March 31, 2008, unless notice is given in writing by either the Employer or the Union to the other party at least sixty (60) days prior to March 31, 2008, or any anniversary date thereafter, of its desire to modify, amend or terminate this Agreement. If such notice is given, this Agreement shall be open to modification, amendment or termination, as such notice may indicate, on March 31, 2008, or the subsequent anniversary date, as the case may be.
Any notice required under the terms of this Agreement may be given and shall be deemed delivered if mailed, postage prepaid by United States mail, certified or registered, and return receipt requested, to either party at the address designated after signature of this Agreement, or at such other address as either party may hereafter designate by a notice.
If a court of last resort, with jurisdiction over a dispute involving this Agreement, adjudges any law, such decision shall not affect the validity of the remaining provisions of this Agreement which shall continue in effect. If any provision is so declared to be in conflict with any law, Employer and Union shall meet within thirty (30) days of such decision to renegotiate the provision so invalidated.
The titles or captions to paragraphs of this Agreement are for convenience only and shall not be deemed a part of the context of this Agreement.
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All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identification of the person or persons, firm or firms, corporation or corporations may require.
If Employer requires a bonding of any employee or the carrying of any insurance for the indemnification of Employer, Employer shall pay all cost for such bonding or insurance.
The terms and conditions of this Agreement may be enforced by either party in a court of law or equity and specific performance of this Agreement may be compelled in proper cases.
In entering into this Agreement, with Employers represented by the Producers Bargaining Committee, the Union is relying upon the representations of the Producer Bargaining Committee and their agents and attorneys that all representation authorizations furnished to the Union are in full force and effect at the date of execution of the Agreement by the Producers Bargaining Committee and their agents and attorneys. All Employers so represented as evidenced by said authorizations, are hereby bound by all of the terms of this Agreement. This Agreement may otherwise be executed in multiple counterparts, each of which shall be deemed an original agreement, and all of which shall constitute one agreement, notwithstanding the fact that all of the parties are not signatories to the original or same document. This Agreement shall be effective on the date stated in Article XVIII regardless of the date upon which it is executed by the respective parties.
IN WITNESS WHEREOF, we hereto set our hands this ________________________ day of_______________, ___________ at ______________________, California.
By PRODUCER BARGAINING COMMITTEE
UNION DAIRY EMPLOYEES UNION, LOCAL 17 C.L.A
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Employees who have been in the service of the employer for a period of one (1) year shall be paid six (6) working days vacation with pay.
Employees with two (2) or more years of continuous service with the employer shall be paid twelve (12) working days vacation with pay.
All employees who have been in the continuous service of the employer for ten (10) or more years shall be paid eighteen (18) working days with pay.
All employees who have been in the continuous service of the employer for twenty (20) or more years shall be paid twenty-four (24) working days vacation with pay.
Prorated vacations shall be based upon one-twelfth (1/12th) of the employee's annual vacation pay per month of service.
An employee whose services terminate for any reason after four (4) months of continuous employment with the employer shall be paid prorated vacation based on one-twelfth (1/12th) of his annual vacation pay per month. However, if his services should terminate for any reason prior to four (4) months of continuous employment with the same employer, he shall not receive any prorated vacations with pay.
An employee who does not wish to take his earned vacation and wishes, with the consent of the employer, to work during his vacation time shall receive the Relief Scale rate of pay in addition to his regular wages.
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The rates of pay for the various classifications of work covered by this Agreement shall not be less than the following PRODUCER WAGE SCHEDULE as up-dated from year to year, providing that the employee performs the normal by-work. If the employee does not perform the normal by-work, adjustments will be made in said employee's basic wage rate accordingly. Rates of pay are based on milking twice per day.
Effective April 1, 2005 through March 31, 2006 there will be a 4 ½% wage increase on all classifications
Effective April 1, 2006 through March 31, 2007 - 4 ½% wage increase on all classifications.
Effective April 1, 2007 through March 31, 2008 - 4 ½% wage increase on all classifications.
IN WITNESS WHEREOF, we hereto set our hands this _________ day of_______________, ___________ at ______________________, California.
PRODUCER BARGAINING COMMITTEE
Chairman - Authorized Representative