COLLECTIVE BARGAINING AGREEMENT BETWEEN UNITED FARM WORKERS OF AMERICA, AFL-CIO and JACKSON AND PERKINS OPERATIONS, INC., July 01, 2001 - June 30, 2004 : electronic version.
-  -COLLECTIVE BARGAINING AGREEMENT BETWEEN THE UNITED FARM WORKERS OF AMERICA AFL-CIO AND JACKSON AND PERKINS OPERATIONS, INC. JULY 1, 2001 - JUNE 30, 2004
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The Employer and the Union after negotiating in good faith have come to the following understanding covering wages, hours, conditions of employment, and other benefits for the agriculture workers of the Employer. The parties agree that it is their intent and the spirit of this agreement to benefit all phases of agricultural employment, the workers as well as the company. Both the Employer and the Union hereby pledge that they will cooperate with each other in good faith for the best interest of all concerned.
This agreement is between JACKSON AND PERKINS OPERATIONS, INC. (formerly Bear Creek Production Company) (hereinafter referred to as Company) and the UNITED FARM WORKERS OF AMERICA, AFL-CIO (hereinafter referred to as Union).
A. The Company does hereby recognize the Union as the sole exclusive bargaining agent representing all of the Company's agricultural workers (hereinafter called "workers") in the unit set forth in Agricultural Labor Relations Board's certification in Case Number 94-RC-8-VI. The term "worker" shall not include security guards, sales and office employees, crew leaders, and supervisory employees who have the authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other workers, or the
- 3 -responsibility to direct them or adjust their grievances, or effectively recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.
B. The Company further recognizes the rights and obligations of the Union to negotiate wages, hours, and conditions of employment, and to administer the Agreement on behalf of covered workers.
C. Neither the Company nor its representatives will interfere with the right to any workers to join and assist the Union.
D. Neither the Company nor its representatives will take any action to disparage, denigrate, or subvert the Union. Neither the Union nor its representatives will take any action to disparage, denigrate or subvert the Company.
E. The Company will make known to all workers, supervisors, and officers, its policies and commitments as set forth above with respect to the recognition of the Union.
F. The Union agrees that the Company's obligations under this contract shall not prevent the Company from participating in joint ventures, partnership, or any other forms of business operations. Such Company operations shall not be in such forms as will intentionally circumvent the Company's obligations under this collective bargaining agreement.
G. Union Access to Company Property
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H. Posting and Distributing Information
The Company will provide bulletin boards placed at such central locations as shall be mutually agreed, upon which the Union may post notices of Union business.
A. 1. Union membership shall be a condition of employment. Each worker shall be required to be 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.
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A. 2. The Union shall be the sole judge of the good standing of its members.
B. 1. Upon presentation by the Union of individual authorization signed by the workers, the Company agrees to deduct from each worker's pay initiation fees, periodic dues, and assessments as directed. If authorizations are submitted before the close of the payroll period for which the deduction authorization is submitted, the Company will make the deduction for that period and periodically thereafter.
B. 2. The Company shall furnish the membership applications and dues checkoff authorization forms to the workers as provided by the Union. The Union will notify the Company in writing of dues, assessments and initiation fees within five (5) days before the effective date of any change.
C. 1. Any worker who fails to become a member of the Union within the time limit set forth above or; who fails to pay the required initiation fees, 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 that the worker is in good standing.
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The Union shall 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 to comply with any of the provisions of this Article.
A. It is mutually agreed that the prompt adjustments of grievances and the proper administration of the contract is desirable in the interest of sound relations between the workers and the Company.
B. The Union shall designate a Union representative for a one-year period. This one-year period may be extended upon mutual agreement between the Union and the Company. The Union Representative shall be recognized by the Company as the official representative of the Union, and shall be compensated by the Company while performing his/her duties pursuant to this article at the rate which he/she would have received had they worked at their regular job classification. Union representative shall so conduct his/her affairs so that no overtime work shall be performed.
C. The Company shall not interfere with or hinder any Union representative in the performance of his/her duties. The Union representative shall not interfere with the Company's operation or the direction of the work force by the supervisors.
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The Company agrees that all conditions of employment relating to wage, hours of work, and general working conditions shall be maintained at no less than the highest standards in effect at the time of the signing of this Agreement, and such conditions of employment shall be further improved in accordance with the specific provisions for improvement made elsewhere in the Agreement.
A. The Company shall not discriminate against any worker in hiring because of race, handicap, age, creed, color, religion, sex, political belief, union activity, sexual preference, national origin, or language spoken. It is agreed that this obligation includes, but is not limited to the following: hiring, placement, recruitment, and advertising or solicitation of employment.
B. Hiring shall be handled as in past practice. The Company shall make known to the Union those persons authorized to hire new workers. Neither the Company nor its agents shall act in an unjust or arbitrary manner in its hiring practices.
C. All prospective workers seeking employment with the Company shall fill out and sign an application. Such applications shall be date-stamped when received by the Company.
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D. The Company shall notify the Union in writing on the 15th and 31st of every month of the date of hire, names, social security number, and job classification of all new workers hired.
Company seniority reflects length of time worked for the Company with no break in service. Company seniority will be considered to determine benefits such as paid vacation, shift preference and for scheduling of vacations when there is a conflict.
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The Departments are listed as follows:
Note: Company will utilize department 941 (Material/Inventory Control) support staff in conjunction with Non-BU personnel for purposes of Cold Storage inventory audits, cycle counts (validating transactions made by recorders) and full audits.
The first fifteen (15) working days of employment are considered a probationary period. Once a worker has satisfactorily completed this period, seniority will be retroactive to the hire date.
Company seniority shall be broken for any of the following reasons:
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In a reduction in workforce occurring due to the end of an operation, the workers with the highest departmental seniority shall be offered the opportunity to continue working first, provided such workers are qualified to perform the work. However, if none of these workers desires to do the work, the Company shall assign, in reverse seniority order within the department, the number of qualified workers required to perform the work (Refer to Article 19 and Appendix A (Pay for Job Wage Structure).
When a seasonal, temporary, or partial-day reduction in the workforce becomes necessary, layoffs shall be made according to company seniority within the Department. Voluntary layoffs may be allowed if there is another worker willing, qualified, and able to perform the worker's job.
All departmental vacancies will be posted and the individual's hire date with the Company will be used to calculate seniority. Each department will have an
- 11 -established number of employees assigned to that particular department based on the first bi-annual seniority list of April 2001. Only those employees currently working in said operation/department, at the time of a vacancy, will be given the opportunity to sign the bid list. The list will be maintained for the balance of the season or until the list has been exhausted, at which time the departmental vacancy will be re-posted. All employees from outside the department bidding into said operation/department will not be eligible until current bid list has been exhausted. (similar to current posting procedure) The worker will be merged into the department seniority list on the date that said transaction occurs. Said requests for permanent transfer will be limited to one (1) per twelve-month period. The worker shall have the right to request a return to their previous department for up to 30 calendar days following the transfer, after which the move will become permanent. Should the worker request the foregoing accommodation, it shall nevertheless be counted as the "one per twelve month" transfer.
It is recognized that the Company has in the past used flexibility in temporarily transferring workers to jobs for short periods of time for efficiency. It is agreed that such temporary transfers can still occur at the Company's direction. During such transfers, the worker's hourly rate will not be reduced if it is a lower paying job. When a temporarily transferred worker performs the work of a higher paid job than his/her normal job, he/she shall be paid at the higher rate. This section
- 12 -shall not apply to permanent or continuing job openings. Such transferred workers will not bump seniority workers of a particular department.
When anticipating the seasonal recall of seniority workers, the Company shall notify the workers and the Union, in writing, no less than twenty-one (21) days prior to the estimated starting date of the work, and the estimated duration of the work. The Company shall give at least forty-eight (48) hours notice of the exact starting date. In case of emergencies that require the immediate recall of workers, the Company shall have the discretion to recall workers without regard to the above time limits. However, workers unavailable for work during such unscheduled recall shall not lose their seniority. If less senior workers are recalled, the more senior worker shall be given work as soon as practical after reporting.
The Company shall make available to the Union, at the Union's request, any access of recall that has been returned with Postal Office notice of non-delivery; and, further, will make available to the Union, upon request, any explanation received from a worker related to this failure to report or delay in reporting on the date specified.
Jackson and Perkins Operations, Inc. and the United Farm Workers of America, AFL-CIO agree to the following arrangement concerning Process Improvement projects and the participating members. The teams shall be composed of volunteers.
Due to the make-up of the Continuous Process Improvement teams, it is agreed that the members of these teams may be recalled out of seniority order
- 13 -in order to continue or complete their projects, for a period of approximately 3-5 days.
There exists the possibility that members of Process Improvement teams will be recalled before the beginning of the season in order to complete their projects within a time frame of 3-5 days.
The Company will notify the Union and the worker as soon as possible prior to any layoff.
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The Company shall recall workers from layoff in order of highest company seniority within the classification being recalled.
A pre and post season Cold Storage Crew will be established for the beginning of the season occurring the first week of November and the end of season on or about April 15. The following structure will be for a Pre/Post Season crew:
The Company shall provide the Union with an up-to-date seniority list in March and October of every year providing the name of each worker, his or her date of hire, Social Security number, and job classification.
A Job Posting Procedure will be established which will be used to fill all job vacancies. The Job Posting Procedure will be as follows:
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Note: The list of candidates who sign the posting will remain in effect for the duration of the operation.
A telephone job hotline will be established to advertise job openings as they occur. Individual employees will call a published number which will contain all the current job openings. Interested employees will come to the Administrative office to sign the posting.
When vacancies occur in budding, first opportunity should be given to the most senior qualified tier who tied the previous season and whose budder did not return for reasons other than disqualification; then to the most senior qualified tier who signs in the Posting to fill said vacancies.
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All budders and tiers filling vacancies will be expected to meet minimums in production and quality per day, within the first 20 working days of training. During this training period they will be paid their individual hourly rate until they are able to bud and tie at least 2200 plants in the 1 yr and 2 yr crops, 1400 plants in research and 1800 plants in the double-spaced rows. At this time the new budder and tier will be paid the more skilled hourly rate.
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All new budders and tiers, whose skill level is judged by management to be adequate, shall be given the option to bud on the regular piece rate basis.
Any new budder or tier who is disqualified from the budding training program, will be returned to his/her previous position at first opportunity. If a disqualified employee was on lay off prior to bidding into training position he/she will be laid off and will not be given another training opportunity as a budder or tier.
In the event the Company hereafter establishes within the bargaining unit a new classification or changed classification with new job content substantially and materially different from the existing or previously existing job content, in relation to the classifications and rates of pay in Appendix A and Appendix B the Company will negotiate the new rate and/or classification with the Union. If agreement is not reached, the matter will be submitted to expedited arbitration.
Work shall continue at the rate and under the conditions determined by the Company pending resolution of any such grievance. If it is established that the Company's determination was erroneous because the new job does not establish a fair relationship to other jobs at substantially the same rate of pay within the bargaining unit, adjustments pursuant to arbitration shall be made effective from the time the new job or operation was established.
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To establish guidelines within the Labor Agreement that reflect the special needs of the Company and the workforce during our peak harvest and processing season. These guidelines will address and alter many aspects of the labor agreement during our Winter Operations. Winter Operations is defined as the period of time and associated operations between Brush Cutting (October) through Top Removal (January).
All operations associated to the Harvest, Planting, Preparation or the support of those functions for all crops including but not limited to: Brush Cutting, Saw Sheds, De-Eyeing, Planting, Re-Planting, Scion Cutting, Deleafing, Equipment Operators, Digging, Processing, all Maintenance, Pruning, Post and Wire, Grading, Shadehouse Operations, Top Removal.
All employees who have recall rights to the jobs/operations mentioned above will maintain their rights regardless of their current department designation or
- 19 -status. During the Winter Operations workers will be laid off and recalled according to department seniority and qualifications. Qualification is defined as having completed the particular scheduled job/operation during the prior season. During the Winter Operations season the workers who work in a particular job/operation during this period/season will have the right to start and finish that job according to department seniority.
Workers will not be allowed to vacate their current job to fill a vacancy/job in another operation during this season, unless the vacancy occurs within the operation where the worker is currently working. A worker who chooses to fill a vacancy prior to a recall will forfeit recall rights to his/her original operation. Workers who finish their operation or job will be allowed to pursue any other opportunities available to them. In other words, workers may fill vacancies as often as they please as long as they complete their current job assignment.
Both parties agree to meet before the 2002 Winter Operations season to consider the possibility of a work week consisting of four 10 hour days, when necessary, in order to meet production deadlines and provide 40 hours of work to the employees during inclement weather.
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Leaves of absence for personal reasons will not be granted during Winter Operations except for emergencies, and/or extenuating circumstances upon proper justification received by the company.
In an effort to manage our Winter Operations in a more efficient manner both parties agree to create temporary transfers within related operations. Affected Operations and Managers would be the following:
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Note: Duration of transfer will be at management's discretion based on operational needs. This agreement shall not apply to permanent or continuing job openings. Such transfers will not bump seniority workers of a particular job/department.
At the conclusion of the Winter Operation, all sections outlined in Article 7. N Winter Operations will cease to be in effect.
The Company will develop on-the-job training programs for workers in the bargaining unit to provide opportunities to learn the necessary skills to fill future vacancies. The Company will determine the number of programs, the curriculum to be used, and the timing and number of vacancies. Training opportunities will be posted as according to posting procedure's outlined in Article 7.K.
- 22 -Workers who successfully complete such training and desire consideration for placement in higher job classifications will follow the Posting Procedure outlined in the Seniority Article. A committee comprised of two (2) Management members and two (2) Union representatives within a specific operation shall be established to determine if the worker has successfully completed the training and is qualified.
A. The parties to this agreement agree that all employee problems or issues which arise between the Company and the Union out of the interpretation or application of this Agreement shall be subject to the Issue Resolution and Arbitration Procedure. The parties further agree that the Issue Resolution Procedure of this Agreement shall be the exclusive remedy with respect to any disputes arising under this Agreement, and no other remedies shall be utilized by any person with respect to any disputes involving this Agreement until the Issue Resolution Procedure has been exhausted.
B. An issue or problem dropped by either party prior to an arbitration hearing shall be considered as withdrawn without prejudice to either party's position on a similar matter in the future. Any resolved issue requiring a monetary back-pay or make-whole remedy shall be paid in full within two (2) consecutive payroll periods from the date of resolution.
C. Step One: Any employment problem or issue arising under this agreement shall be addressed between the affected employees(s), his/her union representative, and his/her direct supervisor within 2 scheduled work days of the occurrence and they shall use their best efforts to resolve the issue. At this point, if the issue is not satisfactorily
- 23 -resolved, the party presenting the issue shall reduce the issue to writing and present to the other party within five (5) working days, (exclusive of Saturdays, Sundays, or Holidays) setting forth the nature of the issue including discharges.
D. Step Two: In the event the issue is not satisfactorily resolved in Step One, a meeting will be held within three (3) working days involving the affected employee(s), the employee's crew representative, the direct supervision, the Manager of Labor Relations and the paid Union Representative. If necessary at this stage additional union and company representatives may be consulted and asked to participate in the resolution process. At the conclusion of Step Two the party receiving the issue will respond in writing within five (5) working days, (exclusive of Saturdays, Sundays, or Holidays) stating its position. The time limits indicated hereunder will be considered maximum unless, by mutual agreement between the Union and the Company, the time limit of any step of this issue resolution procedure may be extended once (not to exceed 10 workdays) and this extension must be confirmed in writing within the time limit set forth. In the event either party fails to meet the time limits set forth, the issue shall be resolved on the basis of the opposing party's last stated position without setting precedence, and shall not be eligible for further appeal.
E. Step Three: If the issue is not resolved in Step Two, the party presenting the issue must file within seven (7) working days a written notice to the other party indicating its preference to refer the issue to a third party arbitrator.
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An arbitrator shall be chosen to consider and decide the issue referred to him/her. The arbitrator shall not have the authority or jurisdiction to modify, add to, detract from, or alter any provision of this Agreement.
G. Selection of the Arbitrator
Not later than one week following the referral to arbitration, the parties shall request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. After receipt of the list, the parties shall meet to select the arbitrator. If the parties cannot agree upon the selection of an arbitrator, he shall be selected by lot with the party to strike first being determined by a coin toss. That party shall strike the first name from the list. The name remaining after each party has struck three (3) names shall be the person designated as the arbitrator to fill the vacancy.
H. Arbitration Rules and Procedures
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I. Arbitration Expenses
The losing party will pay expenses and salaries of the Arbitrator. Each party shall pay the cost of presenting its own case.
A. There shall be no strikes, work stoppages, slowdowns, boycotts, job or economic action, interruptions of work or other interference with the conduct of the Company's business by the Union, nor shall there be any lockouts by the Company.
B. If any said events occur, the officers and representatives of Union and/or Company, as the case may be, shall do everything within their power to end or avert such activity.
C. The Company may discipline or discharge any workers who engage in any of the activities referred to above.
D. 1. The Company agrees that any worker may refuse to pass through any picket line of another company if engaged in a strike sanctioned by the Union.
D. 2. No worker under this Agreement shall be required to perform work that normally would have been done by employees of another company who are engaged in a strike sanctioned by the Union.
- 26 -however shall not constitute any limitation on any of the company's rights to discharge or discipline for unsatisfactory work performance. Discharge and other disciplinary actions are subject to the Issue Resolution and Arbitration provision of the Collective Bargaining Agreement.
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A leave of absence may be granted subject to the provisions of this Article to workers who have completed the probationary periods outlined in the Seniority Article.
Except in cases of emergency or illness, all leaves must be requested of the supervisor at least one (1) week in advance of the date the leave is to begin. Such leaves will be without pay. Requests for leaves of absence must be in writing on forms furnished by the Company and signed by a Company Representative, with one copy sent to the Union.
C. 1. Any worker who is on leave of absence has the responsibility to notify the Company of his/her current mailing address where he/she may be reached by the Company for legitimate business or emergency purposes. Workers who obtain a leave of absence under false pretenses, or fail to return to work upon expiration of a leave will lose seniority and be considered to have abandoned their job.
C. 2. Employees who return from a leave of absence for personal reasons will be subject to the following process.
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Leave of absence without pay shall be granted according to the following guidelines:
|Type of Leave||Maximum Time|
|Personal Reason(s)||1 Month|
(Personal or Work Related
Doctors Certificate Required)
|Family Illness (Doctor's Certificate Required)||3 Months|
Upon request by the worker, in extenuating circumstances, the Company may grant extensions to the limits specified above. Such requests shall be in writing and sent to the Company and Union prior to the expiration date of the leave of absence.
E.1. If a worker (not to exceed five (5), is appointed or elected to Conduct Union business, the Company shall, upon ten (10) days written notice from the Union to the Company, grant leave of absence not to exceed one year, which shall be
- 29 -extended on request, provided the worker shall be continuously conducting Union business. A minimum of ten (10) days written notice will be given to the Company when the worker is to return to work.
E.2. A temporary leave of absence for Union business, without pay and not to exceed three (3) days shall be granted under the following conditions:
Seniority shall accumulate during leaves of absence and upon the worker's return within the period of the leave of absence, the worker shall be reinstated without loss of seniority and at the existing scale of wages.
Medical leave shall be extended if a doctor's report indicates a probability that the worker will be able to return to work without restriction.
Scheduled leaves of absence, for personal reasons, 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
- 30 -emergency leave, the Union and the Company may agree to his leave in preference to that worker over other workers with higher seniority.
When a worker is first notified of a call for jury duty, he or she shall immediately inform the Company in writing of such notification. If a seniority worker serves on a jury, he shall be paid by the Company the difference between the fees he receives as a juror, and what he would have received working for the Company instead of serving on the jury. To receive pay under this article, the worker shall provide the Company with documentary evidence of the amount of the fees received for performing such service.
A worker scheduled to work who suffers a death in his or her immediate family shall be entitled to receive an approved absence up to three days, with pay, for the purpose of attending the funeral and/or making funeral arrangements. By definition, immediate family is the worker's spouse, father, mother, sister, stepson, or stepdaughter, father-in-law and mother-in-law.
The Company will grant any worker who suffers the death of a sister-in-law, brother-in-law, grandparents, or grandchildren, children of sisters and brothers and brothers and sisters of parents of the worker or worker's spouse an approved absence of one day with pay provided the funeral is attended by the worker.
- 31 -Payment for hourly time loss during a regular workday under this Article shall be at the worker's straight-time rate. Proof of death shall be substantiated by a death certificate.
- 32 -earnings the day of the injury. The balance of pay shall be at the worker's base rate.
It is the intention hereof that all of the rights, powers, prerogatives, and authorities that the Company "has historically exercised" are retained except those specifically abridged or modified by this Agreement; including, but not limited, to: the right to hire, promote, discharge or discipline for cause, and to maintain discipline and efficiency of workers. In addition, the products to be grown or harvested, the schedules of production, the methods, processes and means of production or harvest are solely and exclusively the responsibility of the Company, including the nature of equipment or machinery used and the right to change, discontinue, or modify equipment and machinery. Furthermore, it shall be the responsibility of the Company to direct and supervise all workers, to assign and transfer and layoff workers, to make work and safety rules, and to determine when overtime shall be worked and if required, and to determine the size of crews and hours of work. The Company's failure to exercise the rights reserved to it, or its exercise of them in a particular way, shall not be deemed a waiver of said rights or of its right to exercise them in some other way, not in conflict with the express terms of this Agreement.
B.1. Supervisors and other workers not included in this bargaining unit shall not perform any work covered by this Agreement, except instruction, training, emergencies, and the type of work supervisors have historically performed in the
- 33 -past. This paragraph shall not be used as a basis for the purpose of avoiding the recall of bargaining unit workers from work they would normally perform. This section does not apply to Bargaining Unit Crewleaders.
C.1. In the event the Company anticipates mechanization of any operations of the Company or process improvements that will permanently displace workers, the Company before commencing such mechanical operations or process improvements shall meet with the Union to discuss training of displaced workers to operate and maintain the new mechanical equipment, the placement of displaced workers in other jobs with the Company, the training of such workers for other jobs with the Company, or the placing of such workers on a preferential hiring list which the Company and Union will use in conjunction with Article 4, Hiring.
C.2. Employees with job related injuries who are no longer able to perform their jobs as substantiated by a doctor's report, may have their names placed on a preferential hiring list (similar to those employees who have been displaced by either mechanization or process improvements) for jobs which they may be better suited for and physically able to perform.
C.3. Operation of Linear Irrigation Equipment The daily general operation of the Linear Irrigation Equipment shall be considered Bargaining Unit work. However, management shall have the right to continue (as in past practice) to train, adjust, troubleshoot, repair and help operate the Linear Equipment as needed.
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The parties understand and agree that the hazards of agriculture are such that subcontracting may be necessary and proper. Subcontracting may be necessary in areas such as, but not limited to, land leveling, custom land work, precision planting, applying agricultural chemicals or pesticides, and where specialized equipment not owned by the Company is required. It is understood and agreed that the Company shall not subcontract to the detriment of the Union or bargaining unit workers. The parties agree that in the application of this Article the following guidelines may be used:
A payroll report is to be submitted monthly. The report shall mailed be on or before the 15th day of each month. The report shall include the workers' names, Social Security
- 35 -numbers, payroll periods covered, gross wages, total hours worked per workers, total number of workers, and amount of Union dues deducted during such pay periods from each worker. Complete mailing directions and information for such report will be supplied by the Union.
In the event Company has no workers in its employ during any monthly period, Company shall submit to the Union, on forms to be provided by the Union, a certified statement to that effect. Said statement shall be mailed on or before the 15th day of the following calendar month. Company understands and agrees that it shall be deemed delinquent with respect to the Union for any payroll month in which Company has no covered workers in its employ during such month, if said statement is not postmarked on or before the 15th day of the succeeding calendar month. In the event Company decides to go out of business, merge or consolidate with another entity, sell or transfer its assets to another entity, or otherwise make a decision which will result in its ceasing to deduct dues, Company shall, in addition to any other requirements set forth in this Agreement, notify the Union headquarters in writing at least sixty (60) days in advance of the last day on which it will be reporting to the Union, of such business decision. In the event that Company files in bankruptcy or Chapter XI proceedings, it will notify the Union of such action and shall list the Union as a separate creditor qualified as a priority claim pursuant to the Bankruptcy Act.
All contributions due under this Agreement to the Robert F. Kennedy Farm Workers Medical Plan and the Juan De La Cruz Farm Workers Pension Fund shall be remitted monthly. The contributions due to said Fringe Benefit Plans each month shall be computed on the
- 36 -preceding monthly payroll period for every worker covered by this agreement. The monthly contributions due each plan, for the preceding payroll month, together with a monthly summary report, shall be mailed, on or before the 15th day of each month, to each Plan's depository bank at the lock box address designated by each plan Administrator. Company acknowledges receipt of the designated lock box address for each Plan and agrees that all reports, contributions, statements, notices, or other communications required or provided for under the Agreement, shall be sent to such designated addressed, unless Company is notified in writing, by the Administrator of any Plan, of a change in such designated address. The Monthly summary reports shall cover the preceding payroll month for which contributions are being remitted and shall include, for each worker being reported, name, Social Security number, total hours worked, total compensation paid such workers, and total contributions due each Plan. Said monthly reports shall also show total number of workers reported, total compensation paid such workers and total hours worked by such workers as well as total contributions being remitted to each Plan. Said reports shall be legible and, where feasible shall list workers alphabetically or in ascending Social Security number order. In the event Company has no workers in its employ during any monthly payroll period, Company shall submit to each Plan, or forms to be provided by Plans, a certified statement to that effect. Said statements shall be mailed on or before the 15th day of the following calendar month. Where the Union report specified in Subsection 1 above contains all of the information required under this Subsection 2, a copy of that report, mailed to each of the Plans at the times and places specified herein, shall constitute compliance with the monthly report requirements to the Plan.
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Company understands and agrees that it shall be deemed delinquent with respect to the Plans, for any payroll month in which the required contributions and monthly report, or the required statement that Company had no covered workers in its employ during such month, if not postmarked on or before the 15th day of the succeeding calendar month. In addition to the monthly summary reports specified above, Company shall also submit, on or before January 31st of each year to the Juan De La Cruz Farm Workers Pension Fund, a report showing the total hours worked, in Connecting Noncovered Service, by each covered worker during the preceding calendar year. Said annual report shall show, for each worker who had one or more hours of Connecting Noncovered Service during the calendar year, such worker's name, Social Security number, and total hours of Connecting Noncovered Service for the year. "Connecting Noncovered Service," shall mean Employment with the Company, which is not Covered Service under the Juan De La Cruz Farm Workers Pension Plan, but which immediately follows or precedes Covered Service with company without an intervening quit, discharge, or retirement, and which occurs while Company is obligated to contribute to the Pension Plan for workers in Covered Service.
Company shall not be entitled to any offsets, credits, refunds, deductions or other form of reimbursement in the event of an overpayment to any Plan except as herein provided. In the event Company discovers that it has made an overpayment to any Plan, due to a mistake of fact, Company shall promptly notify such Plan of that fact with specifics as the date or dates of the alleged overpayment(s), and the amount(s) involved. The Company shall submit, together with such notice of the fact that it claims an overpayment was made, such amended monthly report or reports as may be required to
- 38 -correct the Plan's records. Provided Company so notifies Plan of each overpayment, due to a mistake of fact, within one year of the date the overpayment was made, and provided Plan agrees that an overpayment was made, Plan will either refund to Company the overpayment involved, or authorize Company to take an offset from current contributions due to recover its overpayment, as Plan shall specify; provided, however, that Plan shall be entitled to deduct, from any such authorized refund or offset, the dataprocessing and computer costs incurred by Plan in correcting its records to reflect the adjusted data received from Company. Such data processing and computer costs incurred by any Plan as a result of Company's mistake of fact shall be deemed an additional obligation of Company to Plan under this Agreement.
Company shall not be entitled to any refund, credit offset, deduction or other forms of reimbursement for any overpayment, which is not discovered and reported to Plan within one year of the date on which it was made. In the event Company decided to go out of business, merge or consolidate with another entity, sell or transfer its assets to another entity, or otherwise make a decision which will result in its ceasing to contribute to any Plan for the duration of this Agreement, Company shall, in addition to any other requirements set forth in the Agreement, notify each of the Plans, separately and in writing, at least sixty (60) days in advance of the last day on which it will be reporting and contributing to Plans, of such business decision.
- 39 -
Within five (5) days after the signing of the Contract, the Union in cooperation with the Company will receive membership applications and authorizations for dues deductions and Citizenship Participation Day deductions for each worker on the payroll. The Company will be expected to provide time for each worker and the Union to accomplish this task. The Company must take the responsibility for the completion of the above forms for all new hires or recalls within five (5) days of the date of hire or recall. These forms are to be submitted immediately to the address designated by the Union.
Overtime shall be offered to workers on a voluntary basis when production schedule allows in order of seniority. If the Company does not get a sufficient number of workers on a voluntary basis, it may assign such work in reverse departmental seniority order. Both parties agree that current arrangements on rotating personnel for Saturday work or overtime will remain in effect and other departments may adopt similar arrangements.
All employees will be given the opportunity for overtime, on a one-time basis, at the start of each season through a posting procedure. Overtime work will be offered to most senior qualified on the bid list. The list will be
- 40 -maintained for the balance of the season or until the list has been exhausted. All employees bidding into the processing sheds after the initial posting for overtime work and have expressed interest in overtime hours will be added to the bid list for future vacancies.
Rotation for Weekend work: Weekend work for Irrigators and Mechanics will be based on rotational schedule.
Workers shall have paid rest periods of fifteen (15) minutes each which insofar as practical shall be in the middle of each continuous four (4) hour work period or major portion thereof.
Payday shall be every Friday or as otherwise mutually agreed by the Company and the Union.
- 41 -that day at their hourly rate of pay, unless the scheduled work day was less than four (4) hours in order to complete the operation.
[Note: There is no Section "G". Ed.]
- 42 -
Wage rates and piece work schedules pursuant to this Agreement shall be as set forth in Appendix "A" attached hereto.
Jackson and Perkins Operations, Inc. and the United Farm Workers agree that the following provisions will be in effect for the duration of this Collective Bargaining Agreement.
- 43 -
For the purpose of vacations all employees who attain 1,000 hours based on a rolling 52-week period will be eligible for vacation.
Eligible employees with less than ten (10) complete years of continuous employment from the date they attained regular status will accrue approximately 10 hours of vacation benefit for each full month of employment (.057692 per straight-time hour paid).
- 44 -Eligible employees with more than ten (10) complete years of continuous employment from the date they attained regular status will accrue approximately 15 hours of vacation benefit for each full month of employment (.086538 per straight-time hour paid).
Vacation pay will be based on the hours of vacation taken multiplied by the worker's average straight-time hourly rate, including shift differential, if applicable, for the pay period immediately prior to the vacation benefit.
Vacation schedules shall be mutually agreed upon, except if more workers, in the judgment of the Company, want a particular vacation period than can be reasonably spared, the worker with the highest seniority shall have first preference for the vacation period.
The Company agrees to pay one cent ($.01) per hour for each hour worked by each non-probationary worker covered by this agreement into a trust fund for the purpose of training the Union Representatives (Stewards) who are employed by Bear Creek Production Company.
- 45 -
For the purpose of holidays all employees who attain 1,000 hours based on a rolling 52-week period will be eligible for Holiday Pay for the following holidays:
All workers not covered in paragraph A of this Article and who otherwise meet the eligibility requirements, shall receive Holiday Pay for the following holidays:
C.1. Holiday pay shall be the regular hourly rate of pay for the worker times the average number of hours worked for the last 2 days worked prior to the holiday, provided, however, such number shall not be less than eight (8) hours.
C.2. Any work performed on the above listed holidays shall be paid for at the regular rate of pay and shall be in addition to the worker's holiday pay on that pay.
To be eligible for a paid holiday not worked, a worker must have worked at least five (5) days during the two (2) payroll weeks immediately preceding the week in which the
- 46 -holiday falls and must work the scheduled work days both immediately before and after the holiday, unless extended by jury duty, paid funeral leaves, vacation, immigration appointments, immediate family emergency, or Personal Absence Allowance. Partial day due to illness will require medical documentation. Any employee who completes the season within the same pay period of the occurrence of a paid holiday will be eligible. All personal leaves must be pre-approved by department manager/supervisor in writing 2 work days prior to the absence.
Workers shall be paid holiday pay by the Company for holidays occurring during a vacation period and will extend their vacation period to include a paid holiday occurring on a day consecutive to the vacation period.
F.1. The Union shall indemnify, defend 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 this section.
F.2. The third Sunday of November of each year during the term of this Agreement shall be designated as "Citizenship Participation Day." All workers on "Citizenship Participation Day" who qualify under Section B above shall receive eight (8) hours' pay at their regular straight time hourly rate based upon the preceding payroll week. Such eight (8) hours pay shall be in addition to any pay due to the worker if he is required to work on Citizenship Participation Day. Upon receipt of proper written authorization from the workers, the Company
- 47 -shall deduct from such worker's wages the pay received for Citizenship Participation Day and the Company shall remit such sum to the Citizenship Participation Day and the United Farm Workers of America, AFL-CIO, for allocations as designated by the worker. In the event any worker works on Citizenship Participation Day, the Company shall deduct any pay due him or her for working on such day.
A.1. Commencing with the first payroll period beginning (July 1, 2001), the Company shall contribute to the Robert F. Kennedy Farm Workers Medical Plan one dollar and forty six cents ($1.46) per hour for each hour worked by each non-probationary worker covered by this Agreement.
A.2. In accordance with Article 14B the monies and a summary report shall be remitted to the Plan at such Los Angeles address as designated by the Administrator of the Plan.
A.3. In the event that the Company files in bankruptcy or Chapter XI proceedings, it will notify the Plan of such action and shall list the Plan as a separate creditor qualified as a priority claim pursuant to the Bankruptcy Act. Notification to the Union or any of the other Plans or Funds shall not constitute compliance with this Article
A.4. The place of performance for the Company's obligations with respect to the Robert F. Kennedy Farm Workers Plan shall be the County of Los Angeles, California.
- 48 -
A.1. The Company shall, during the term of this Agreement, contribute to the Juan De La Cruz Farm Workers Pension Plan, ten cents ($.10) per hour for each hour worked by each non-probationary worker covered by this Agreement.
A.2. In accordance with Article 14B the monies and a summary report shall be remitted to the Plan at the Los Angeles County lock box address designated by the Administrator of the Plan.
A.3. In the event that the Company files in bankruptcy or Chapter XI proceedings, it will notify the Plan of such action and shall list the Plan as a separate creditor qualified as a priority claim pursuant to the Bankruptcy Act. Notification to the Union or any of the other plans or funds shall not constitute compliance with this Article.
A.4. The place of performance for the Company's obligation with respect to the Juan De La Cruz Farm Workers Pension Plan shall be the County of Los Angeles, California.
- 49 -
No provision or term of this Agreement may be amended, modified, changed, altered or waived except by written document executed by the parties hereto.
In the event any portion of this Agreement is abrogated, or made illegal by any local, state, or Federal law, only that portion of this Agreement so affected shall be ineffective; in no event shall the ineffectiveness of one portion of this Agreement terminate the remainder of this Agreement.
It is agreed that this labor agreement contains the full and complete agreement on all subjects upon which the parties did bargain or could have bargained. Neither party shall be required, during the term of this Agreement to negotiate or bargain upon any other issue. All matters not included in the Agreement shall be deemed to have been raised and disposed of as if covered herein. This Article does not preclude the party's right to mutually agree to negotiate or discuss issues of mutual concern.
D. 1. This Agreement with respect to all matters shall be in force and effect from July 1, 2001 to and including June 30, 2004. At the conclusion of the Fiscal Year 2003 harvesting and processing season, on or about February 1, 2003, the Company and the Union agree to analyze the financial situation of the company, determine if there have been improvements in the productivity and
- 50 -efficiency of the harvesting, processing, cold storage and shipping operations, and reevaluate the possibility of wage and benefit increases.
D. 2. This Agreement and any amendments thereof shall automatically renew itself from year to year from the expiration date unless either of the parties shall have given sixty (60) days written notice by certified mail 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.
- 51 -
This Agreement is executed this day 2001.
|Jackson & Perkins Operations||United Farm Workers of America, AFL-CIO|
|By __________||By __________|
|By __________||By __________|
[Note: There is no page 52 in original document. Ed.]
- 53 -
|Year 1||Year 2||Year 3|
|Budding 9" Huey & 9" Manetti||$34.00||$34.00||$|
|Tying 9" Huey & 9" Manetti||$32.50||$32.50||$|
|Budding 9" Manetti (Double Row)||$44.45||$44.45||$|
|Tying 9" Manetti (Double Row)||$40.15||$40.15||$|
|Budding 10" & 18" Tree Roses||$40.13||$40.13||$|
|Tying 10" & 18" Tree Roses||$36.11||$36.11||$|
|Budding 24" Tree Roses||$43.71||$43.71||$|
|Tying 24" Tree Roses||$39.34||$39.34||$|
|Budding 36" 2 Yr Tree Roses||$45.44||$45.44||$|
|Tying 36" 2 Yr Tree Roses||$40.90||$40.90||$|
|Budding 36" Yr Tree Roses|
|- Understock w/ Delagriff||$36.16||$36.16||$|
|- Delagriff w/ Variety||$40.17||$40.17||$|
|Trying 36" Yr Tree Roses|
|- Understock w/ Delagriff||$32.05||$32.05||$|
|- Delagriff w/ Variety||$36.16||$36.16||$|
|Pipe Lay Down/Pick Up||Attached|
|Spring Live Bonus Structure||Attached|
|Brush Cutting - Stool Block||$12.29||$12.29|
|Brush Cutting - Stool Block (2nd Cut)||$14.00||$14.00||$|
|Brush Cutting - Field Brush||$14.00||$14.00||$|
|Breaking Tops - Started Eyes (Single Row)||$5.52||$5.52||$|
|Breaking Tops - Started Eyes (Double Row)||$6.87||$6.87||$|
|Breaking Tops - 2 Yr Bush & Climber||$5.52||$5.52||$|
|De-Eyeing - 9" Manetti||$14.68||$14.68||$|
|De-Eyeing - 9" Huey||$14.97||$14.97||$|
|De-Eyeing - Own Root||$11.70||$11.70||$|
|De-Eyeing - 18" Tree Roses Canes (Mini)||$64.57||$64.57||$|
|De-Eyeing - 24" Tree Roses Canes (Patio)||$76.27||$76.27||$|
|De-Eyeing - 36" 2 Yr Tree Rose Canes||$121.90||$121.90||$|
|De-Eyeing - 3 Yr Tree Rose Delagriff (Field)||$72.74||$72.74||$|
|De-Leafing - Started Eye Scion||$2.98||$2.98||$|
|De-Leafing - 2 Yr Bush & Climber Scion||$2.90||$2.90||$|
|De-Thorning - Started Eye Scion (Spring)||$7.32||$7.32||$|
|De-Thorning - 2 Yr Bush & Climber (Spring)||$7.45||$7.45||$|
|De-Thorning - Miniature Scion (Spring)||$8.53||$8.53||$|
|De-Thorning - 24" Tree Rose (Spring)||$7.42||$7.42||$|
|De-Thorning - 36" 2 Yr Tree Rose Scion (Spring)||$10.42||$10.42||$|
|De-Thorning - 36" 3 Yr Tree Rose Scion (Fall)||$9.04||$9.04||$|
|Planting - Manetti (Single Row)||$4.35||$4.35||$|
|Planting - Manetti (Double Row)||$5.23||$5.23||$|
|Planting - Huey for 2 Yr Bush & Climber||$4.35||$4.35||$|
|Planting - Own Root||$4.79||$4.79||$|
|Planting - 3 Yr Tree Rose (9" Huey)||$5.30||$5.30||$|
|Scion Cutting - Started Eyes||$16.00||$16.00||$|
|Scion Cutting - 2 Yr Bush & Climber||$16.00||$16.00||$|
|Scion Cutting - Mini Tree Roses||$16.00||$16.00||$|
|Top Removal - Summer (Single Row)||$6.32||$6.32||$|
|Top Removal - Summer (Double Row)||$6.24||$6.24||$|
|Top Removal - Winter (Single Row)||$7.00||$7.00||$|
- 54 -
Note: Spring Live must be at 85% to qualify for bonus.
Team Table = 6 people. Hourly rate + bonus when production exceeds quota is 8 hours.
|2 Year Rose Assortments (not boxed)||Quota/8 hours = 2900
Bonus = $18.87 (duration of contract)
|2 Year Straight Case (boxed)||Quota/8 hours = 2400
Bonus = $24.48 (duration of contract)
|Tree Roses Multi-Pack||Quota/8 hours = 1800
Bonus = $30.60 (duration of contract)
Hourly plus bonus when production exceeds 10,000 units in 8 hour day.
Bonus = $4.35 per 1000 units in excess of 10,000 $4.35 (duration of contract).
|Piece Rate Pipe Lay Down Open Ground||$321.12/1000|
|Piece Rate Pipe Pick-Up Open Ground||$285.00/1000|
|Pipe Lay Down Furrow Ground||$328.00/1000|
|Pipe-Pick-Up Furrow Ground||$306.00/1000|
- 55 -
- 56 -
|CLASSIFICATION||Entry Level Rate|
|Recorder II (Cold Storage Dept. only)||$7.75 (Pay per Job)|
|Quality Control (Cold Storage Dept. only)||$7.75 (Pay per Job)|
|Desk Clerk (Cold Storage Dept. only)||$7.75 (Pay per Job)|
|Mechanic (farm) 1||$10.20|
|Mechanic (farm) 2||$11.50|
|Mechanic (farm) 3||$13.50|
|Mechanic (farm) 4||$14.28|
|Mechanic (vehicle) 1||$8.00|
|Mechanic (vehicle) 2||$10.00|
|Mechanic (vehicle) 3||$11.50|
|Class "A" Driver||$9.50 + (60 day review for $0.50 increase - Pay per Job)|
|Irrigation Maintenance I||$8.25|
|Irrigation Maintenance II||$9.50|
|Facilities Maintenance I||$8.25|
|Facilities Maintenance II||$9.50|
- 57 -
|Shed Maintenance II||$9.50|
|Equipment Op. I||$7.50|
|Equipment Op. II||$8.75|
|Equipment Set-Up I||$9.50|
|Equipment Set-Up II||$12.50|
|Packaging Bonus (½ Original Bonus)||$9.44/1000 - 2 Yr. Rose Assort. (not boxed)|
|$12.24/1000 - 2 Yr. Straight Case (boxed)|
|$15.30/1000 - TR Multi-Pack|
|Redi-Plant Maintenance I||$9.50|
|Redi-Plant Maintenance II||$11.50|
|Redi-Plant Maintenance III||$13.50|
|Winter Top Removal||$7.00/1000|
Note: All jobs not listed in Appendix B will be compensated at the current General Labor entry level rate.
- 58 -
Included in this agreement are the following Letters of Understanding between Jackson & Perkins Operations, Inc. (Employer) and the United Farm Workers of American, AFL-CIO (Union):
|Productivity & Efficiency||1995|
|Pay for Quality Program||07/09/96|
|Bargaining Unit Crew Leaders and Leadperson||09/22/97|
|Subcontracting for Non-nursery Crops||07/01/98|
|Wage and Level Structure for Welders and Vehicle Mechanics||11/29/99|
|Rate Change for Recorder II||11/08/00|
|Poly Bag Bonus Structure and Staffing Structure||02/02/01|
|Wage Rates for Quality Control||02/02/01|
|Entry Level Rate for Class A - Tractor/Trailer Operator||02/02/01|
|Top Removal Piece Rate||02/02/01|
|Set Wage Rate Level for Equipment||02/09/01|
|Irrigation Maintenance Level||02/09/01|
|Redi-Plant Maintenance Level||02/19/01|
|Establish Entry Rate for Farm Crops Operation||08/08/01|
- 59 -
It is understood and agreed by and between Jackson & Perkins Operations, Inc. (Employer) and United Farm Workers of America, AFL-CIO (Union) as follows:
- 60 -
In short, we agree to most of your request, with the exception of the proposed 2% decrease in quality. As we are sure you understand this would not be in the best interest of anyone associated with Jackson and Perkins.
We are confident that this program will now be acceptable. Please respond at your earliest convenience so we can finalize this program and move forward.
- 61 -
|SEASON $||>4% DAILY||>2% SEASON|
|1. Brush Manetti||90.00%||86.00%||88.00%|
|2. Brush Huey||93.50%||89.50%||91.50%|
|4. Tree Roses De-Eye||97.50%||93.50%||95.50%|
|5. De-Eye--Both Sheds||97.50%||93.50%||95.50%|
|6. Hedge De-Eye||97.50%||93.50%||95.50%|
|8. Planting Both Crews||99.00%||95.00%||97.00%|
|9. De-Thorning Both Crews||98.00%||94.00%||96.00%|
|10. Breaking Top||99.00%||95.00%||97.00%|
|11. Removing Tops||99.00%||95.00%||97.00%|
- 62 -
It is understood and agreed by and between Jackson & Perkins Operations, Inc. (Employer) and the United Farm Workers of America, AFL-CIO (Union) as follows:
That this agreement will become effective when signed and will continue in effect for the duration of the Collective Bargaining Agreement unless modified by mutual agreement of the parties.
This Letter of Understanding and attachments shall be part of the Collective Bargaining Agreement executed by both parties on July 1, 2001.
- 63 -
The Parties herein reach the following understanding:
With the garlic crop where the harvesting operation is contingent upon the contract agreement, it is understood that the company awarding the contract to Jackson & Perkins Operations, Inc. may need to use its labor to harvest said crop.
This letter shall be in effect for the duration of this agreement signed on July 1, 2001. And will be subject to renegotiations should any questions arise due to applicable regulations, laws or if the parties have the need to look at other crops of the same nature.
It is understood and agreed by Jackson & Perkins Operations, Inc. (Employer) and The United Farm Workers of America, AFL-CIO (Union) as follows:
That this agreement will become effective when signed and will continue in effect for the duration of the Collective Bargaining Agreement unless modified by mutual agreement of the parties. Company and Union agree upon the following rates and levels for the Positions of Welders and Vehicle Mechanics:
|Level I||Entry Level $8.50 per hour||$ 8.00 per hour|
|Level II||$10.50 per hour||$10.00 per hour|
|Level III||$12.00 per hour||$11.50 per hour|
Criteria used to advance from one level to the next, would be that the candidate must have experience in performing all job functions of current level as well as previous level.
- 64 -
It is understood by and between Jackson & Perkins Operations, Inc. (Employer) and the United Farm Workers of America, AFL-CIO (Union) as follows:
That this agreement will become effective when signed and will continue in effect for the duration of the Collective Bargaining Agreement unless modified by mutual agreement of the parties.
Due to the necessary process changes in Fulfillment and the higher skill set that's now required, the company is proposing the following for the new Recorder II position:
Note: This would not include temporary transfers.
- 65 -
The Parties herein reach the following understanding:
|2 Year Rose Assortments (not boxed)||Quota / 8 hours = 2900
Bonus = $9.44 (duration of contract)
|2 Year Straight Cases (boxed)||Quota / 8 hours = 2400
Bonus = $12.24 (duration of contract)
|Tree Roses Multi-Pack||Quota / 8 hours 1800
- 66 -
The Parties herein reach the following understanding:
The Parties herein reach the following understanding:
#3 will not be in effect as it pertains to temporary transfers during the regular season.
- 67 -
The Parties herein reach the following understanding:
Note: Any future Process Improvements, which substantially change the methods and/or conditions of the operation, will be subject for review for any piece rate adjustments.
The Parties herein reach the following understanding:
- 68 -
The Parties herein reach the following understanding:
The Parties herein reach the following understanding:
-  -
It is understood and agreed by and between Jackson & Perkins Operations (Employer) and the United Farm Workers of America, AFL-CIO (Union) as follows:
That this agreement will become effective when signed and will continue in effect for a period of one year (August 1, 2001 through August 1, 2002). If no modifications are required, then this agreement will be extended for the duration of the Collective Bargaining Agreement.
Company and Union agree upon the following rates for the following positions in the Farm Crops Operation:
|General Labor||$6.75 per hour or negotiated entry rate in the collective bargaining agreement|
|Irrigators||$7.25 per hour|
|Equipment Operators||$7.25 per hour|
The harvest operations of any Farm Crop is contingent upon the contract agreement, it is understood that the company awarding the contract to Jackson & Perkins Operations will use its labor to harvest said crop.
Piece rate within Farm Crops Operation will be negotiated between Company and Union.
The number of workers approximately needed to perform Farm Crops Operations is as follows:
Vacancies will be available first to workers who currently are performing these operations, including temporary transfers. If no interest by departmental workers the posting procedure will be followed.
Equipment Operators, Irrigators and Pipe Movers in Farm Crops and Rose Crop Operations will be combined when lay off and recall occur. With the understanding that if a Rose Crop employees accepts a Farm Crops position the worker will accept the established Farm Crops Operation rates.
-  -
Temporary transfers will be available first to workers who currently are performing these operations. Temporary transfers will be done in accordance with Article 5 and Article 7, Section F.2 of the Collective Bargaining Agreement.
Workers who are currently classified in these operations will continue to maintain irrigation for Rose Crop and Row Crops ground.
Workers who are currently classified in this operation will continue to operate the machine to irrigate Rose Crop and Row Crops. Rates currently established for this classification will not be affected.
This agreement will not affect Night Irrigation Operation. Workers who perform these operations will continue to do Rose Crop and Row Crops Night Irrigation.
Note: Job will be offered on a voluntary basis to those workers who currently have this classification.
|Jackson & Perkins Operations||United Farm Workers of America AFL-CIO|
[Dates added in manuscript hand. Ed.]