Collective Bargaining Agreement between Mont La Salle Vineyards and United Farm Workers of America, AFL-CIO, March 13, 1977 - March 12, 1981 : electronic version.



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COLLECTIVE BARGAINING AGREEMENT BETWEEN MONT LA SALLE VINEYARDS AND UNITED FARM WORKERS OF AMERICA, AFL-CIO March 13, 1977 - March 12, 1981


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INDEX

  1. Recognition 1
  2. Management Rights 2
  3. Maintenance of Standards 2
  4. Mutual Respect and Obligations 2
  5. No Discrimination 2
  6. Successor Clause 2
  7. Supervisors and Bargaining Unit Work 3
  8. New Job Classifications 3
  9. Subcontracting 4
  10. Discharge 4
  11. No Strike or Lockout 5
  12. Workers' Security 5
  13. Union Security 5
  14. Hiring 6
  15. Security 7
  16. Health and Safety 10
  17. Camp Housing 12
  18. Operation of Housing and Camps 12
  19. Leaves of Absence 13
  20. Leaves of Absence for Union Business 13
  21. Military Leave 14
  22. Rights of Access to Employer's Property 14
  23. Bulletin Boards 14
  24. Tax Withholding 14
  25. Credit Union Withholding 15
  26. Records and Pay Periods 15
  27. Grievance and Arbitration Procedure 15
  28. Modification 18
  29. Waiver 18
  30. Savings Clause 18
  31. Mechanization 19
  32. Hours of Work, Overtime and Wages 19
  33. Reporting and Standby Time 20
  34. Vacations 20
  35. Holidays 21
  36. Citizenship Participation Day 22
  37. Leave of Absence for Funerals 22
  38. Jury Duty Pay 23
  39. Robert F. Kennedy Farm Workers' Medical Plan 23
  40. Martin Luther King Farm Workers Fund 24
  41. Juan De La Cruz Farm Workers Pension Fund 24
  42. Injury On The Job 25
  43. Effective Date and Duration of Agreement 25

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PARTIES

THIS AGREEMENT is made and entered into by and between the UNITED FARM WORKERS OF AMERICA, AFL-CIO (hereinafter referred to as "the Union ") and the MONT LA SALLE VINEYARDS (hereinafter referred as "The Employer").

ARTICLE 1: RECOGNITION

A. The Employer does hereby recognize the Union as the sole labor organization representing all of the Employer's agricultural employees (hereinafter called "employees") in the unit set forth in Agricultural Labor Relations Board's certification in case number 75-RC-34-F. In the event the Agricultural Labor Relations Board certifies other employees not hence included within the certified unit, such additional employees shall be included under the terms of this Agreement. The term "employee" shall not include office and sales employees, security guards and watchmen, supervisory employees who have the authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees or the responsibility to direct them or adjust their grievances, or effectively recommend such action if in connection with foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment, and plant employees.

B. The Employer further recognizes the rights and obligations of the Union to negotiate wages, hours and conditions of employment and to administer this Agreement on behalf of all covered employees.

C. The Employer and its representatives will not undermine the Union or promote or finance any competing labor organizations.

D. The Employer or its representatives will not interfere with the right of any employee to join and assist the Union, and will make known to all employees that they will secure no advantage, more favorable consideration, or any form of special privilege because of non-participation in Union activities.

E. The Employer and its representatives will make known to all employees, supervisors and officers, its policies and commitments as set forth above with respect to recognition of the Union and that employees in the bargaining unit should give utmost consideration to supporting and participating in collective bargaining and contract administ-

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ration functions.

F. The Employer agrees that no business device including joint ventures, partnerships or any other form of agricultural business operations shall be used by the Employer for the purpose of circumventing the obligations of this collective bargaining agreement.

ARTICLE 2: MANAGEMENT RIGHTS

The Employer retains any and all rights and prerogatives of management it enjoyed prior to the execution of this contract except as specifically and expressly limited or modified by the provisions of this contract.

ARTICLE 3: MAINTENANCE OF STANDARDS

The Employer agrees that all conditions of employment relating to wages, hours of work and general working conditions shall be maintained at no less than the highest standards in effect at the locations covered by this Agreement at the time of the signing of this Agreement and conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement.

ARTICLE 4: MUTUAL RESPECT OBLIGATIONS

The employees have the right to be free from arbitrary and unfair actions by management. The Employer has the right to receive a reasonable work pace from the employees.

ARTICLE 5: NO DISCRIMINATION

In accord with the past and present policies of the Employer and of the Union, it is agreed that neither party will discriminate against any employee on the basis of race, creed, color, sex, religion, national origin, language spoken or political beliefs. The Employer and the Union agree not to discriminate because of age in violation of federal or California law.

ARTICLE 6: SUCCESSOR CLAUSE

This Agreement shall be binding upon the parties hereto, their successors and assigns. In the event an operation is sold, leased, transferred or taken over by sale, transfer, lease, assignment, receivership or bankruptcy, such operation shall continue to be subject to the conditions of this Agreement for the life thereof. The

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Employer shall give notice of the existence of this Agreement to any purchaser, transferee, leasee, assignee, etc. of the operation covered by this Agreement or any party thereof. Such notice shall be in writing, with a copy to the Union at the time the seller, transferer, or lessor executes a contract or transaction as herein described.

ARTICLE 7: SUPERVISORS AND BARGAINING UNIT WORK

A. Supervisors outside of the bargaining unit shall not perform work regularly performed by employees in the bargaining unit except for instruction, training, experimental and development work, including the improvement of processes, testing of equipment and emergencies.

B. The Employer agrees that this Article shall not be used for the purpose of avoiding the recall of bargaining unit workers from layoff or displacing bargaining unit workers from work they normally perform.

ARTICLE 8: NEW JOB CLASSIFICATIONS

New job classifications and applicable wage rates may be established and made effective by the Employer in accordance with the following procedure:

  1. The Employer shall notify the Union of its intended action in writing as soon as reasonably practical under all the circumstances.
  2. The Union, if it questions the Employer's action, shall do so in writing within five (5) days of the Employer's notice, and the parties shall meet with the Employer within (5) days of such written notice for the purpose of arriving at an agreement on the intended action. Fifteen (15) days after the Employer's written notice, if no agreement has been reached earlier, then the Employer may make the job classification and the rate effective.
  3. If the Union thereafter still objects to the Employer's action, it may submit in writing within ten (10) days of the Employer's action the matter to the Arbitrator provided for in the grievance procedure, who shall decide the dispute.
  4. The scope of such arbitration shall be the establishment of the job classification, the job content and the job wage rate.
  5. The Employer shall not change or modify any present job so as to remove it from the bargaining unit.

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ARTICLE 9: SUBCONTRACTING

A. The parties understand and agree that the hazards of agriculture are such that subcontracting by the Employer is necessary and proper. They also understand and agree that the Employer should not subcontract to the detriment of the Union or bargaining unit workers by subcontracting work which in the past has been customarily and normally performed by employees of the Employer, for example, grafting and driving of stakes. They consequently agree that the Employer shall have the right to subcontract as it has in the past, if (1) the workers covered by this Agreement do not have the skills to perform the work, or (2) the Employer does not have the necessary equipment to do the work and the contractor supplying such equipment insists on using his own equipment operators, viz, for aerial dusting and spraying; ground spraying with poisonous spray; ground spraying requiring special equipment; contract grape hauling by truck; installation of permanent sprinkler pipes; major maintenance work, i.e., plumbing, electrical, carpentry, etc.; opening ditches and laying drain tile; major maintenance work on tractors and other equipment; and the like. The foregoing are examples only and are not intended as limitations on the Employer's right to subcontract. Reasonable advance notice will be given when subcontracting is to be done. At request of the Union, contract grape hauling can be the subject of future discussion if conditions in the industry change with respect to this subject.

B. In the event the Employer subcontracts work, the Employer will recommend to the subcontractor that he hire employees that may be on lay off, if such contractor has a need for additional employees.

ARTICLE 10: DISCHARGE

A. The Employer shall have the sole right to discipline and discharge employees for just cause provided that in the exercise of this right it will not act in violation of the terms of this Agreement.

B. Prior to any discharge, the Employer shall notify a Steward and/or a Union official and such Union Steward shall be present when formal charges are made.

C. The Union officials(s) and/or Steward shall have the right to interview discharged employees in private.

D. Within twenty-four (24) hours after any discharge, for

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just cause, the Union will be notified in writing of reason for the discharge.

E. Individual performance in relation to a piece rate, or incentive plan shall not be conclusive evidence for the purpose of disciplining or discharging an employee. This provision shall not, however, constitute any limitation on any of the Employer's rights to discipline or discharge for unsatisfactory work performance.

ARTICLE 11: NO STRIKE OR LOCKOUT

A. There shall be no strike or boycott of any kind against the Employer or its products during the term of this Agreement, and there shall be no lockout against the employees during the term of this Agreement.

B. If any of said events occur, the officers and representatives of Union and/or Employer, as the case may be, shall do everything within their power to end or avert such activity.

ARTICLE 12: WORKERS' SECURITY

A. Employer agrees that any employee may refuse to pass through any lawful and bonafide picket line of another Employer when sanctioned by the Union.

B. No Employee under this Agreement shall be required to perform work that normally would have been done by employees of another Employer who are engaged in a strike.

ARTICLE 13: UNION SECURITY

A. Union membership shall be a condition of employment. Each employee shall be required to become a member of 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 employee 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 and uniformly applied 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 or suspended upon written notice from the Union to the Employer, and shall not be re-employed until written notice from the Union

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to the Employer of the worker's good standing status.

B. Employer agrees to furnish to Union in writing, within one (1) week after the execution of this Agreement, a list of its employees giving the names, addresses, social security numbers and type of job classification.

C. Employer agrees to deduct from each employee's pay initiation fees, all periodic dues, and uniformly applied assessments as required by Union, upon presentation by the Union of individual authorization signed by employees, directing Employer to make such deductions. Employer shall make such deductions from employee's pay for the payroll period in which it is submitted, provided that it is submitted at least a week 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 bi-weekly. The Employer shall provide a monthly summary report as soon as possible, but not later than the 20th day of the month following the ending date of the previous month's pay period, containing the names of the employees, social security numbers, payroll periods covered, gross wages, total hours worked per employee, total number of employees and amount of Union dues deducted during such pay periods from each employee. The Union will furnish the forms to be used for authorization and will notify the Employer 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 changes.

D. The Union will furnish the Employer with membership and checkoff cards. If the Employer procures workers from any other source, as provided in Section B of Article 14, the Employer will provide membership and checkoff cards to such workers and will explain the membership and checkoff arrangements between the Employer and the Union at the time of hiring new employees. If signed, the Employer will immediately give a copy of the checkoff card to the employee, retain a copy for its use pursuant to Section C above, and promptly turn over per arrangement the other copy along with the membership application to the Union area office.

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

ARTICLE 14: HIRING

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A. Whenever the Employer requires additional or new employees to perform any work covered by this Agreement, it shall notify the Union in writing, stating the number of employees needed, the type of work and the approximate duration thereof. Said preliminary notice shall be given approximately two (2) weeks prior to the estimated hiring date. The Employer shall give the Union further notice, fixing the exact hiring date at least seventy-two (72) hours prior to the date for actual commencement of work. It is recognized that there are many occasions when additional employees, including replacements, are needed under circumstances not permitting the length of notice stated above. In such cases the Employer will give the Union as much notice as it has itself.

B. Upon receipt of such notice, the Union shall use its best efforts to furnish the requested number of employees. If the Union is unable to furnish the requested number of employees, the Employer shall be free to hire needed employees from any other source. If the Employer hires employees from other sources, it will advise the Union in writing within forty-eight (48) hours thereafter of the names, addresses, Social Security numbers, job classifications of all employees so hired, provided, however, that the Union shall be entitled, acting on its own, to ascertain such information from such employees at any time after twenty-four (24) hours following the hiring of such employees. Such employees shall be subject to the provisions of Article 13 of this Agreement.

C. For jobs which require skills or experience, such as tractor drivers, irrigators, etc., the Union will only refer persons who meet the job requirements. Before the Employer makes a determination that a referred employee does not meet the job requirement, the supervisor will fully explain the job duties and requirements, and give the employee a reasonable time to meet the job requirements.

D. The number of employees requested by the Employer shall be reasonably related to the amount of work to be performed.

ARTICLE 15: SENIORITY

A. Seniority shall be defined as a total length of continuous service with the Employer. A break in service terminates employee seniority. Layoffs are not considered a break in service.

B. Seniority will be extended from the date of hire or rehire and seniority shall be broken for the following

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reasons only:

  1. Voluntary quitting.
  2. Discharge for just cause.
  3. When on layoff, fails to report within three (3) working days after being called unless satisfactory reasons are given to Employer.
  4. When the employee has been absent from work three (3) consecutive days and has failed to properly notify the Employer.
  5. When the employee fails to report to work at termination of a leave of absence or vacation without approved extension or accepts employment with another employer as per Section B, Article 19, Leaves of Absence, of this Agreement.
  6. When any employee leaves the bargaining unit to accept supervisory or other position with the Employer outside the bargaining unit.

The Employer will provide, on a weekly basis a list of employees by name, Social Security number, seniority date, and job classification that broke seniority during the prior week pursuant to this Article.

C. When filling vacancies, new jobs, making promotions, demotions, transfers, layoffs, recall from layoff or reclassification, preference shall be given to employees with the greatest seniority provided they have the qualifications to perform the work under normal supervision with reasonable efficiency. The Employer agrees to provide on-the-job training for employees in the bargaining unit to fill expected vacancies in such jobs so employees will have the opportunity to learn the necessary skills, trainees to be selected on the basis of seniority with prior notice to the Union before such selection.

D. Whenever there is a layoff, layoffs shall be by seniority order, with the employee with the lowest seniority laid off first.

E. Whenever the Employer recalls seniority employees, the Employer shall recall by seniority order, with the employee with the highest seniority recalled first.

F. Employees reduced or laid off from any classification upon restoration of work force or recall shall return in seniority order to the classification from which they were reduced or laid off.

G. An employee assigned to a job classification shall not

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work in another job classification where there are employees with higher seniority on layoff, provided, however, that such an employee may work in another job classification temporarily to complete a day's work, but in no event shall such employee work more than four (4) hours in another classification within any one (1) week.

H. The Employer will continue its practice of cooperation with the Ranch Committee in filling vacancies by seniority.

I. The Employer, when anticipating the recall of seniority workers, shall notify the employee and the Union in writing, approximately two (2) weeks prior to the estimated starting date of the work and the approximate duration thereof, and such notice shall include employee's name, Social Security number, seniority date, job or classification. Notice of recall shall be a joint recall bearing the title of the Employer and the Union.

All notices of recall shall be in writing as per attached form in Appendix "D" of this Agreement. All notices shall be mailed First Class. When recall letter sent to employees, is returned to Employer with Postal Service notification of non-delivery, the Union shall be notified of employee's name and the address from which letter was returned. The Employer shall make available to Union any returned letter and envelope upon request.

J. It shall be the responsibility of the employees to notify the Employer of their mailing address before a layoff and of any change of address when on layoff.

K. All employees returning to work on recall according to Section E and I above shall check in with the Union Steward or other Union representative on the job site to verify that the employee's name is on the seniority list before commencing work.

L. The Employer will notify the Union in advance of layoff, within seven (7) days, or as quickly as possible prior to layoff, and will furnish the Union with a list of those employees who have been laid off within twenty-four (24) hours or as quickly as reasonably possible thereafter.

M. Beginning with the signing of this Agreement and two (2) weeks prior to the start of an operation or each three (3) months thereafter, whichever comes first, the Employer shall provide the Union with an up-to-date seniority list showing the names of each employee, his or her seniority date, Social Security number and job classifications. The Employer

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shall post such seniority list on the Employer's bulletin board.

If a question arises concerning the accuracy of the lists, the Union and Employer have up to two (2) weeks after the posting is completed to resolve the dispute, provided, however, that an employee not on the Employer's payroll during such two (2) week period, shall have up to ten (10) work days to protest the accuracy of the seniority list, after he or she returns to Employer's payroll, or if an employee is not recalled, such employee shall have the right to protest the accuracy of the seniority list upon discovery thereof. If the dispute remains after the above-mentioned periods, the dispute shall be subject to the Grievance and Arbitration Procedure.

ARTICLE 16. HEALTH AND SAFETY

The Employer and the Union recognize the need to protect and conserve human life, water, soil, and vegetation. The Employer and the Union, therefore, agree that:

  1. 2-4D, 2-4-5-T, DDT, DDD, DDE, ALDRIN, DIELDRIN, ENDRIN, PARATHION and TEPP shall not be used. Other economic poisons shall not be applied without the necessary precautions.
  2. A joint Health and Safety Committee shall be established consisting of three (3) employee representatives selected by the Union and three (3) representatives selected by the Employer.

    The Health and Safety Committee shall consider existing practices and rules and practices relating to the health and safety of the employees, including, but not limited to, the use of pesticides, insecticides, herbicides, garments, materials, tools and equipment. The responsibility for establishing and enforcing health and safety rules and practices is recognized as the duty of the Employer.

  3. The Health and Safety Committee shall be provided with notices on the use of pesticides, insecticides, or herbicides as outlined in paragraph (D) herein. The Health and Safety Committee shall recommend the proper and safe use of organophosphates. The Employer shall notify the Health and Safety Committee as soon as possible before the application of organophosphate material. Said notice shall contain the information set forth in paragraph (D) below. The Health and Safety Committee shall recommend the length of time during which employees will not be permitted to enter a

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    treated field following the application of organophosphate pesticide. If the Employer uses organophosphates, it shall pay for the expense of all employees applying such phosphates of one baseline cholinesterase test and other additional tests if recommended by a doctor. Results of all tests shall be immediately given by the Employer to the Health and Safety Committee.
  4. The Employer shall keep the following records and make them available to each member of the Health and Safety Committee:
    1. A plan showing the use and location of fields and a list of crops and plants being grown.
    2. Pesticides, insecticides and herbicides used, including brand names plus active ingredients, registration number of the label, and manufacturer's batch or lot number.
      1. Dates and time applied or to be applied;
      2. Location of crops or plants treated or to be treated.
      3. Amount of each application;
      4. Formulation;
      5. Method of application;
      6. Person who will apply the pesticide;
      7. Date of harvest.
  5. Protective garments, tools and equipment necessary to safeguard the health of, or to prevent injury to, an employee's person shall be provided, maintained and paid for by the Employer.

    The Employer shall also furnish pruning shears, gloves, and overshoes where required to perform the work. Replacement of these articles by the Employer will be made only upon return of such articles when no longer usable because of reasonable wear and tear. Upon failure to return the articles at such time or upon termination of employment, the cost of the articles will be deducted from the employee's paycheck.

  6. No Employee under this Agreement will be required to enter a field that has been treated with an insecticide or herbicide sooner than the time interval after such treatment which has been recommended by the Health and Safety Committee.
  7. There shall be adequate toilet facilities, separate for men and women in the field readily accessible to employees, that will be maintained in a clean and sanitary manner.

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    These may be portable facilities and shall be maintained at the ratio of one (1) for every thirty-five (35) employees.
  8. Each place where there is work being performed shall be provided with suitable, cool, potable drinking water convenient to employees. Individual paper drinking cups shall be provided.
  9. Employees shall have a rest period of fifteen (15) minutes in the morning and fifteen (15) minutes in the afternoon, which, as reasonable as possible, shall be in the middle of each work period.
  10. Adequate first aid supplies shall be provided and kept clean and sanitary in a dust-proof container; safekeeping of same during work hours shall be the responsibility of the foreperson, who may delegate such responsibility.
  11. Farm workers will not be required to work when to do so would endanger their health or safety.

ARTICLE 17: CAMP HOUSING

Rentals to employees of available camp housing on the Employer's premises shall continue to be made to employees on a non-discriminatory basis and without favoritism; the factors of race, color, creed, religion or natural origin shall continue not to be considered in the distribution of available rentals.

ARTICLE 18: OPERATION OF HOUSING AND CAMPS

A. Housing, camps and meal service when operated by the Employer shall be operated on a non-profit basis. Notwithstanding Article 3 of this Agreement, the Employer may adjust the rates charged employees for housing, camps and meal service so long as the non-profit principle established in this subsection is not violated.

B. Where the Employer presently provides free sleeping accommodations in its camps, it shall continue to do so.

FAMILY HOUSING

C. The Employer and the United Farm Workers of America, AFL-CIO, recognize that one of the most serious needs of farm workers, particularly migrant farm families, who help produce food for the nation, is adequate family housing. It is mutually agreed by Employer and Union that they will cooperate to encourage direct governmental action at the

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Federal, State, and County levels to plan, finance and construct public housing in important agricultural locations.

ARTICLE 19: LEAVES OF ABSENCE

A leave of absence shall be granted to employees on the seniority list for any of the following reasons without loss of seniority:

  1. Up to two (2) years in the event of his or her illness or injury requiring absence from the job. The Employer may extend the period of such leave. Such leave is to be without pay.
  2. To attend to personal business if proper written notification is given to the Employer and the Union. Each leave is to be without pay and is granted as follows:
    1. Sixty (60) days per year if the employee has one (1) or more work years of continuous employment with the Employer;
    2. Thirty (30) days per year if the employee has less than one (1) work year of continuous employment with the Employer.

    The granting of a leave of absence for personal business under the subparagraph B is contingent upon the Union furnishing the Employer with a qualified replacement for any employee who desires such leave of absence, and is further contingent upon the employee not engaging in other employment during such leave of absence.

  3. Leave of Absence schedules, under this Section, shall be mutually agreed upon, except, if more employees want a leave of absence for the same period than can be reasonably spared, the employee with the highest seniority shall have first preference for that leave of absence period. However, where an employee requests an emergency leave, the Employer and the Union may agree to his or her leave in preference to that employee over other employees with higher seniority.

ARTICLE 20: LEAVES OF ABSENCE FOR UNION BUSINESS

A. Any employee elected or appointed to an office or position in the Union shall be granted a leave of absence for the period of continuous service with the Union. Fifteen (15) days notice must be given the Employer before the employee takes leave to accept such office or position, or chooses to return to work. Such leave of absence shall

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be without pay. Seniority shall not be broken or suspended by reason of such leave.

B. A leave of absence without pay shall also be granted for temporary leave to conduct Union business provided reasonable notice is given.

C. The leaves of absence referred to in subparagraph (B) above shall not apply in critical periods such as harvesting, frost protection, and the last week of pruning if it would harm the Employer's operation.

ARTICLE 21: MILITARY LEAVE

An employee of the Employer who serves his or her country pursuant to the Selective Service Act shall not lose any seniority or job rights. Upon return from such service, such employee shall be granted a job equal to that he or she would have had with the Employer had he or she remained in the Employer's continued employ.

ARTICLE 22: RIGHTS OF ACCESS TO EMPLOYER'S PROPERTY

A. Duty authorized and designated representatives of the Union shall have the right of access to the Employer's premises in connection with the normal conduct of Union affairs, subject to Paragraph C below.

B. In the exercise of the foregoing privilege there shall be no interference with the productive activities of the employees.

C. Before a Union representative comes on the Employer's property or contacts any of the employees during working hours, he or she shall notify the Director of Personnel or his or her designated representative in advance to the effect that the Union representative is going to be on the premises.

ARTICLE 23: BULLETIN BOARDS

The Employer will provide bulletin boards placed at such central locations as the Union may designate, subject to the approval of the Employer, upon which the Union may post its formal notices.

ARTICLE 24: TAX WITHHOLDING

The Employer shall deduct Federal and State Income tax in accordance with standard practice, for employees agreeing in

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writing to such withholding. This section shall only apply if permitted by Federal and State law and the employee agrees to both deductions.

ARTICLE 25: CREDIT UNION WITHHOLDING

Upon proper written authorization from the employee, deductions as provided in such authorization shall be made by the Employer for the Farm Workers Credit Union, and such monies shall be forwarded monthly with a summary report showing names of employees, Social Security numbers and amount of deductions to the Farm Workers Credit Union, P.O. Box 62, Keene, California 93531, or such other address as designated by the administrator of the fund.

ARTICLE 26: RECORDS AND PAY PERIODS

A. Full and accurate records shall be kept, including total hours worked, piece rate or incentive records, total wages and total deductions. Employees shall be furnished a copy of the itemized wages and itemized deductions each payday, which shall include the employee's daily wage and hour record.

B. The Union shall have the right to examine time sheets, work production or other records that pertain to employees' compensation, in case of a dispute as to pay.

ARTICLE 27: GRIEVANCE AND ARBITRATION PROCEDURE

A. The parties to this Agreement agree that all disputes which arise between the Employer and the Union out of the interpretation or application of this Agreement shall be subject to the Grievance and Arbitration Procedure. The parties further agree that the Grievance Procedure of this Agreement shall be the exclusive remedy with respect to any dispute arising under this Agreement, and no other remedies shall be utilized by any persons with respect to any dispute involving this Agreement until the Grievance Procedure has been exhausted. Any claim by the Union that action on the job of any non-bargaining unit employee is disrupting harmonious working relations may be taken up as a Grievance.

B. Whenever the Employer requests a grievance meeting during regular working hours, grievant(s), the Steward(s) and the Grievance Committee's function shall be performed without any loss of pay. Otherwise, grievance meetings will be held after working hours.

C. Aggrieved employees shall have the right to be present

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at each step of the procedure. The Employer shall be responsible for making Union Stewards available on request of an employee or group of employees wishing to submit a grievance.

D. At the request of the Union, the Employer shall have the supervisor involved present at each step of the grievance procedure.

E. Grievances 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.

F. FIRST STEP: Any grievance arising under this Agreement shall immediately be taken up between the Employer's supervisor involved, and the Union Steward. They shall use their best faith efforts to resolve the grievance. In the event grievances are not immediately satisfactorily resolved, the grieving party shall reduce the grievance to writing and set forth the nature of the grievance. The grieving party may proceed to the SECOND STEP, provided however, that the grieving party may notify the other party that the grievance must be expedited and presented to the Permanent Arbitrator in accordance with Section J of this Article.

G. SECOND STEP: Any grievance not satisfactorily resolved in the FIRST STEP, shall within twelve (12) days thereafter, be discussed in a meeting between the Grievance Committee and the Employer's representative designated to resolve such matters. A representative of the Union shall also participate in such meeting unless the Union representative authorizes the Committee to proceed and so advises the Employer. If the grievance is not satisfactorily resolved in such meeting, the party receiving the grievance shall immediately give a written response to the other regarding its position, including reason for denial. The failure of the grieving party to appeal to the SECOND STEP within thirty (30) calendar days shall waive the grievance.

H. If the parties cannot resolve the dispute in Step 1 or 2 above, the grievance shall be referred to J.J. Griffin as the Permanent Arbitrator within thirty (30) days for a decision. If the Arbitrator shall at any time be unable or refuses or fails to act, or he or she vacates his or her position, the Employer and the Union shall immediately select his or her successor or substitute by mutual agreement.

I. The Arbitrator shall consider and decide the grievance(s) referred to him or her and in cases where more than

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one grievance is referred to arbitration, they will be heard at the same hearing. The Arbitrator shall not have the Authority or jurisdiction to modify, detract from or alter any provisions of this Agreement. The Arbitrator shall have the authority to revoke or modify any form of discipline and in all cases award back pay if he or she so determines for any loss of earnings from the Employer. He or she must render a decision in writing to the parties within fifteen (15) days from the date of the closing of the hearing. The Arbitrator shall have access to Employer's property if necessary.

J. The grieving party may invoke an expedited procedure to have unresolved grievances immediately heard before the Arbitrator but in any event not later than two (2) calendar days after the day on which the grieving party notified the other party that the grievance must be expedited. The duties and the authority of the Arbitrator shall be the same as under Section I above. The Arbitrator shall issue a bench decision and will issue a written decision within twenty four (24) hours of the close of the expedited hearing. The Arbitrator shall have access to Employer's property if necessary.

K. The decision of the Arbitrator shall be binding on the Employer, the Union and the employees.

L. Decisions of the Arbitrator shall be in writing, signed and delivered to the respective parties. All testimony taken at arbitration hearings shall be taken under oath, reported and transcribed unless otherwise agreed. The Arbitrator's fees and expenses shall be paid by the losing party. If a question arises as to the losing party this shall be decided on the Arbitrator hearing the grievance then in dispute. The expenses and fees of the reporter and the cost, if any, of a hearing room shall be shared equally between the Employer and the Union. All other expenses incident to arbitration shall be borne by the party incurring them.

M. Failure to file the grievance within thirty (30) days from the date that such grievance came to the notice of the moving party shall constitute a waiver of said grievance, provided, however, that a grievance on discharge shall be filed within five (5) days from the date that it comes to the attention of the Union and failure to file such grievance within five (5) days shall constitute a waiver thereof. In computing time under this Section, Sunday and holidays will be excluded.

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N. Grievance Committee: Two grievance committees of five (5) employees each shall be established by the Union, which may participate in any step of the grievance. There shall be one (1) such committee at the Napa, St. Helena and vicinity operations and one (1) such committee at the Reedley operations. Time lost from their jobs in the processing of grievances shall not be paid for by the Employer. In the event the meeting is requested by the Employer during working hours, the lost time of the grievance committee persons will be paid by the Employer.

O. In the event that any dispute causes a work interruption of any kind, the parties agree to make an immediate joint effort to end such interruption which may include contacting the Arbitrator. The Arbitrator shall order an end to such interruption, personally, if possible, or by telephone, and shall immediately attempt to resolve the dispute.

ARTICLE 28: 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.

ARTICLE 29: WAIVER

The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter referred to, or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement, provided, however, that this waiver shall not be applicable to the creation of new jobs, changes in existing jobs, classifications or changes in existing practices with respect to hours or conditions of work.

ARTICLE 30: SAVINGS CLAUSE

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In the event any portion of this Agreement shall become ineffective as the result of any application of state or federal law, only that portion of the 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 the Agreement ineffective or work a termination.

ARTICLE 31: MECHANIZATION

The subject of mechanization is covered in a side letter executed the same date as this Agreement and attached to this Agreement.

ARTICLE 32: HOURS OF WORK, OVERTIME AND WAGES

A. A normal workday shall consist of nine (9) hours per day and the normal workweek shall be Monday through Saturday. This is not to be interpreted as a guarantee by the Employer of any number of hours of work per day.

B. Overtime Pay
Employees whom the Employer requires to work beyond ten (10) hours during any day shall be paid at the rate of time and one-half (1-½) for all hours worked in excess of ten (10) hours in any one day. An employee shall receive a differential of thirty-five cents (35) per hour over the regular hourly rate for work on the tenth hour of the day.

C. Day of Rest
Each farm worker shall be entitled to one (1) full day (24 hours) off without pay each payroll week. Insofar as possible, the work shall be arranged so that each worker will have Sunday off.

D. The first eight (8) hours worked on Sunday, or any other day agreed between the Employer and the Union to be treated as Sunday, shall be paid at the rate of time and one-half (1-½) the employee's hourly rate of pay, and for all hours worked beyond eight (8) hours at the rate of double (2x) the employee's hourly rate of pay.

E. Frost Protection
All employees who engage in frost protection work shall be paid at the rate of time and one-half (1-½) their regular rate of pay.

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F. There shall be no pyramiding of overtime or other premium rates.

G. Meal Time
Lunch time shall be one-half (½) hour.

H. When an employee performs work in a higher rated job in any one day, he or she shall be paid at the higher rate for all the hours worked in such higher rated job.

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

ARTICLE 33: REPORTING AND STANDBY TIME

A. An employee paid on an hourly or piecework basis who is required to report for work and does report and is furnished no work or less than four (4) hours of work for reasons other than an Act of God, shall be paid at least four (4) hours pay for that day at the employee's hourly rate of pay, or the employee's average hourly piece rate earnings.

B. An employee shall be paid for all time he or she is required to remain on the job at his or her hourly rate or average hourly piece rate earnings.

C. Employees called in by the Employer at times other than their regular scheduled work hours shall be paid time and one-half (1-½) with a minimum of four (4) hours of pay if such work is in excess of ten (10) hours a day.

ARTICLE 34: VACATIONS

A. Vacations with pay shall be granted to eligible employees who qualify for such vacations. Each year employees shall be eligible for a vacation provided that, in order to qualify for vacation pay, employees at Napa, St. Helena and vicinity must have worked one thousand (1,000) hours in the prior calendar year, and employees at Reedley must have worked eight hundred (800) hours in the prior calendar year. Vacation pay shall be computed on the basis of the appropriate percent of the employee's gross earnings from the Employer in the calendar year prior to the taking of the vacation. Calendar year in this paragraph means January 1 through December 31.

B. An employee with one (1) or more years of service and subject to the provisions of A above will qualify for a two

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per cent (2%) vacation pay and one (1) week of vacation. An employee with two (2) or more years of service and subject to the provisions of A above will qualify for a four per cent (4%) vacation pay and two (2) weeks of vacation. An employee with ten (10) or more years of service and subject to the provisions of A above will qualify for a six per cent (6%) vacation pay and three (3) weeks of vacation.

C. All other employees who do not qualify for vacation with pay as per Sections A and B above who have worked 650 or more hours in the prior calendar year, shall receive vacation allowance of two percent (2%) of their total gross earnings in the prior calendar year, payable after February 10th.

D. If an employee's vacation period includes one of the holidays set forth in Article 35, his vacation period shall be extended to include such holiday.

E. Vacation schedules shall be mutually agreed upon except if more employees, in the judgment of the Employer, want a particular vacation period than can be reasonably spared, the employee with the highest seniority shall have first preference for the vacation period.

F. If an employee is entitled to a paid vacation and requests the pay so due him prior to taking the vacation, he shall be paid the sum of money to which he is entitled.

ARTICLE 35: HOLIDAYS

A. Commencing with the effective date of this Agreement, the following shall be paid holidays:

Napa, St. Helena and Vicinity

  1. Washington's Birthday
  2. Good Friday
  3. May 5th
  4. July 4th
  5. Labor Day
  6. Thanksgiving Day
  7. Christmas Day

Reedley

  1. Lincoln's Birthday
  2. Good Friday
  3. July 4th
  4. September 16th
  5. November 11th
  6. Thanksgiving Day
  7. Christmas Day

Holiday pay shall be the employee's average day's pay in the preceding payroll period for each of the above holidays.

B. Work on any holiday shall be paid at time and one-half the employee's regular rate in addition to holiday pay.

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C. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday.

D. To be eligible for holiday pay as provided in subparagraph A above, a worker must work at least one (1) day during the week in which the holiday falls, and, if work is available, work the workday next preceding and the workday next following the holiday. These requirements are waived if the worker is on leave of absence due to illness during the entire week in which the holiday falls.

ARTICLE 36: CITIZENSHIP PARTICIPATION DAY

The fourth Sunday of September of each year during the term of this Agreement shall be designated as "Citizenship Participation Day". All employees on the Employer's payroll the week preceding the fourth Sunday of September shall be given a paid holiday on "Citizenship Participation Day" and shall receive eight (8) hours' pay at their average hourly rate of pay, with the understanding that said pay will be donated by the employees to the Citizenship Participation Committee of the United Farm Workers of America, AFL-CIO, P.O. Box 62, Keene, California 93531, or to a non-profit charitable organization designated by the Union and authorized by the employees. Such eight (8) hours pay shall be in addition to any pay due the employee if he or she is required to work on Citizenship Participation Day.

Upon receipt of proper (Union form) written authorization from the employee, the Employer shall deduct from such employee's wages the pay received for "Citizenship Participation Day" and shall remit same to the Citizenship Participation Committee of the United Farm Workers of America, AFL-CIO, or to the non-profit charitable corporation designated by said employee.

Employer shall prepare a summary report containing the names of employees, Social Security numbers, an accounting (for all monies deducted pursuant to this Section), and a total count of workers, and shall remit said report to the Citizenship Participation Committee of the United Farm Workers of America, AFL-CIO, by the 25th of October of each year.

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

ARTICLE 37: LEAVE OF ABSENCE FOR FUNERALS

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An employee shall be granted a three (3) day leave of absence in the event of death in his immediate family. For the purpose of this Article, a member of the immediate family shall mean only persons who occupy relationship to the employee of father, mother, father-in-law, mother-in-law, spouse, brother, sister, son, daughter, grandson or granddaughter. In the event of leave of absence for death in the immediate family, the employee shall be paid his regular hourly rate or average piece rate earnings for his scheduled working hours on any day during such three (3) day leave on which he would otherwise have been scheduled to work, and no employee shall be paid under the provisions of this Section for any day falling during a vacation, leave of absence, or on a holiday. No extra pay allowance will be made for multiple or simultaneous deaths occurring within a three (3) day period. No pay shall be granted under the provisions of this Section where the employee does not attend the funeral of the deceased relative or the employee fails upon request to furnish the Employer with reasonable proof of death and evidence of the employee's attendance at the funeral.

ARTICLE 38: JURY DUTY PAY

An employee will be paid jury duty pay for any days of work missed (not exceeding seven) due to the performance of such duty. Jury duty pay is defined as the difference between the fees received by such employee for performing such duty and his regular earnings up to nine (9) hours per day for each such day of jury duty service. To receive pay under this provision, the employee must provide the Company with a copy of notice summoning him to appear for jury duty and if so requested, documentary evidence of the amount of jury fees received for performing such duty.

ARTICLE 39: ROBERT F. KENNEDY FARM WORKERS' MEDICAL PLAN

Effective as of March 13, 1977, the Employer shall thereafter during the term of this Agreement, contribute to the Robert F. Kennedy Farm Workers Medical Plan sixteen and one half cents (16 ½¢) per hour for each hour worked by all employees covered by this Agreement.

All contributions due hereunder on fringe benefit plans shall be computed on the preceding monthly payroll period for every worker covered by the Collective Bargaining 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

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report shall include the employees' names, social security numbers, total hours worked by workers, total number of workers and amount of contributions. The monies and summary report shall be remitted to the Robert F. Kennedy Farm workers Medical Plan, P.O. Box 92169, Los Angeles, California 90009, or such other address as designated by the Administrator of the Fund.

In the event that a higher contribution rate is negotiated for the Robert F. Kennedy Farmworkers Medical Plan during the term of this agreement with the Vegetable Master Agreement Companies, who hold contracts with the Union, the Company agrees to pay such higher contribution rate to the Robert F. Kennedy Farmworkers Medical Plan for each hour worked for all workers covered by this Agreement and such increase will be contributed by the Company for the life of this Agreement. The Company's obligation to meet any increase in such contribution shall not commence prior to January 1, 1979, or the date on which Vegetable Master Agreement Companies increase such higher contribution rate, whichever is later.

ARTICLE 40: MARTIN LUTHER KING FARM WORKERS FUND

A. Effective as of March 13, 1977, the Employer shall thereafter during the term of this Agreement contribute to the Martin Luther King Farm Workers Fund five cents (5 ¢) per hour for each hour worked by all employees covered by this Agreement.

B. All contributions due hereunder on fringe benefit plans shall be computed on the preceding monthly payroll period for every worker covered by the Collective Bargaining 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. The monies and summary report shall be remitted to the Martin Luther King Farm Workers Fund, P.O. Box 80762, Los Angeles, California 90080, or such other address as designated by the Administrator of the Fund. Contributions shall be deductible for income tax purposes under federal and California law.

ARTICLE 41: JUAN DE LA CRUZ FARM WORKERS PENSION FUND

The Company shall contribute to the Juan De La Cruz Farmworkers Pension Fund ten (10) cents per hour for each hour

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worked by all workers covered by this Agreement, commencing March 13, 1977. For all hours worked by such employees after February 1, 1978, the amount of such contributions shall be fifteen (15) cents per hour.

Contributions to be made by Company pursuant to this shall be deposited into and remain in an interest bearing trust account until such time as a formal pension plan has been developed for farmworkers by Union and the Internal Revenue Service has issued an advance determination that such plan meets the requirements of Part I Subchapter D of Chapter 1 of the Internal Revenue Code of 1954. Upon receipt of a copy of such advance determination, Company shall promptly take all action required to be performed by it in order to cause such impounded contributions to be transmitted to the plan trustees.

All contributions due hereunder on fringe benefit plans shall be computed on the preceding monthly payroll period for every worker covered by the Collective Bargaining Agreement. In conjunction therewith, a monthly summary 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. The monies and summary report shall be remitted to the Juan De La Cruz Farm Workers Pension Fund, P.O. Box 39122, San Francisco, California 94139, or such other address as designated by the Administrator of the Fund. The Pension Plan shall be a qualified plan under IRS rules and contributions shall be deductible for income tax purposes under federal and California law.

ARTICLE 42: INJURY ON THE JOB

Whenever a worker is injured on the job to the extent medical attention is received, the Company agrees to pay his or her wages for the remainder of the day, provided that a doctor certifies he or she is unable to work as a result of the injury.

ARTICLE 43: EFFECTIVE DATE AND DURATION OF AGREEMENT

This Agreement shall be in full force and effect from March 13, 1977 to and including March 12, 1981. 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

- 26 -

Agreement, together with thirty (30) days prior written notice to the State Conciliation Service. During this sixty (60) day period all terms and conditions of this contract shall remain in full force and effect.

THIS AGREEMENT executed in California as of 3-21-78.

UNITED FARM WORKERS OF
AMERICA, AFL-CIO
MONT LA SALLE VINEYARDS
BY Cesar E. Chavez By A. R. Pertello, Pres.
Gilbert Padilla

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APPENDIX "A"

HOURLY WAGE RATES

NAPA, ST.HELENA AND VICINITY Effective 3-13-77 Effective 9-19-77 Effective 9-19-78 Effective 9-19-79 Effective 3-13-80
General Labor $3.60 $3.65 $3.80 $3.95 $4.10
Pruning (hand) 3.85 3.90 4.05 4.20 4.35
Special Pruning 3.95 4.00 4.15 4.30 4.45
Tractor Drivers 4.00 4.25 4.40 4.55 4.70
Special Equipment Operators 4.20 4.60 4.75 4.90 5.05
Working Foreperson 4.20 4.75 4.90 5.05 5.20
Inexperienced Budding & Grafting 4.40 4.40 4.55 4.70 4.85
Experienced Budding & Grafting 5.40 6.75 6.90 7.05 7.20
Experienced Bud Cutter 4.15 4.25 4.40 4.55 4.70
Cook 4.10 4.15 4.30 4.45 4.60
Hand Harvesting 4.00 4.75 4.90 5.05 5.20
Frost Protection 1½ x hourly rate (see Article 32E.)

REEDLEY [Effective 3-13-77] [Effective 9-19-77] [Effective 9-19-78] [Effective 9-19-79] [Effective 3-13-80]
General Labor 3.60 3.65 3.80 3.95 4.10
Pruning 3.85 3.90 4.05 4.20 4.35
Tractor Drivers 4.00 4.25 4.40 4.55 4.70
Irrigator 3.80 4.25 4.40 4.55 4.70
Weighmaster 4.15 4.75 4.90 5.05 5.20
Working Foreperson 4.20 4.75 4.90 5.05 5.20
Hand Harvesting 4.00 4.75 4.90 5.05 5.20

JOB CLASSIFICATIONS AND DESCRIPTIONS

Job Classification: Description:
(Napa, St. Helena, Reedley)

General Labor Performs all field labor and general labor jobs such as planting, replanting, hoeing, suckering, tying, staking, training, spreading wire, stapling, hand loading trucks and trailers, and various other related activities, including past practices.
Pruning Carries out assigned vine pruning tasks as instructed, knows and understands vine vigor and pruning methods as to Company standards. Understands different types of vine structures and can perform proper pruning technique for each structure. Maintains shears as per instructions.

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Tractor Driver Operates wheel and track-layer tractors proficiently, adjusts and uses discs, springtooths, cane-trimmer or cutters, landplane, ripper, fertilizer spreader, brush shredder, French plows, cultivators, scrapers, pesticide spraying, stake and post driving, and sulfuring to perform the necessary cultural operations as required. Also must be able to drive two axle trucks and operate a forklift and pomace spreader. Services and makes minor repairs, provided however that all of employer's present employees who have worked or who are presently working as tractor operators qualify under this job description. It is understood that the operation of any equipment as a means of transportation does not qualify the employee for this classification. All above personnel are required to have a valid California Drivers License, if required by law.
Working Foreperson Must carry out instructions and job assignments as directed by the Company. Shall have the necessary skills and abilities to properly direct and instruct employees under them and to keep the necessary records. All above personnel are required to have a valid California Drivers License.
Hand Harvesting Hand picks grapes for winery delivery, using normal picking methods and technique in vineyards and blocks designated as "Hand Picking" due to low tonnage or special circumstances. Rate is not applicable to vineyards and blocks designated as "Piece Rate".

(Napa & St. Helena Only):

Special Equipment Operator Proficiently performs all tractor driver duties; operates other special equipment when required, such as bulldozer, trencher etc. During grape harvest performs Weighmaster and field grape loading duties. Operators must possess a California Class 1 Drivers License and a Farm Labor Bus Driver Certificate.
Inexperienced Budding and Grafting Covers workers who are being trained in the technique of budding or grafting or who lack qualifications and requirements set forth in the "Budding and Grafting Experienced" classification.

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Experienced Budding and Grafting Must be capable of selecting proper bud wood and performing proficiently the technique of budding and grafting with a high percentage of graft and bud take.
Experienced Bud Cutter Must be capable of performing in a proficient manner the cutting of rootstock heads after determining that the bud is alive and growing. Must have experience in determining the condition of the bud and graft union with a high degree of accuracy.
Special Pruning Employees in this classification must be highly skilled pruners and understand the pruning techniques involved in developing young vines into different types of vine structure. A prerequisite to entering this classification is the satisfactory completion of a training program at Mont La Salle Vineyards.
Cook Must have experience in planning menus, lists food and supplies and preparing and serving meals for up to sixty (60) residents of the dormitory. Food must be clean, tasty, wholesome, and meet acceptable standards for like facilities. Must pass the applicable State and County Health Standards.
Frost Protection When called out for frost protection work, must be capable of starting and shutting down frost protection systems, reading thermometer and assisting in night and early morning operation to protect vineyard from frost.

(Reedley Only)

Irrigator Knows and understands Company's irrigation system. Sets flow rate for each riser; able to determine length of time required for water to reach end or rows; sets pipes; starts pumps. Repairs minor pipeline leaks.
Weighmaster Weighs gondolas in the field. Prepares weigh certificates, dumps gondolas, moves equipment and services equipment.

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MEMORANDUM OF AGREEMENT
SEPTEMBER 20, 1977

COOK'S HELPER

Mont La Salle Vineyards agrees to furnish a Cook's Helper for the St. Helena/Calistoga kitchen operation when there are twenty-five (25) or more residents in the dormitory.

THE CHRISTIAN BROTHERS
P.O. Box 420
Napa, California 94558

October 1977


Mr. David Burciaga
United Farm Workers of America, AFL-CIO
P.O. Box 62
Keene, California 93531
RE: Mechanical Harvesting

Dear Mr. Burciaga:

Mont La Salle Vineyards and the United Farm Workers of America AFL-CIO, have today entered into a collective bargaining agreement effective March 13, 1977 to March 13, 1981. This letter is to be read in connection with that Agreement.

If at any time during the term of the collective bargaining agreement (March 13, 1977 to March 13, 1981) , the Employer decides to engage in mechanical harvesting of grapes, it will first discuss the matter with the United Farm Workers of America. If such discussion results in a disagreement over the introduction of mechanical harvesting, the provisions of Article 11, No Strike, No Boycott, No Lockout, shall not apply to such dispute over the introduction of mechanical harvesting. However, the provisions of Article 11 are not waived for any other purpose and shall otherwise be applicable during the term of the collective bargaining agreement.

Yours very truly,

MONT LA SALLE VINEYARDS
By_____________________

The above is understood and agreed to:

UNITED FARM WORKERS OF AMERICA, AFL-CIO

By________________________
Date 3-21-78

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HARVEST RATES:

See the Spanish-English charts.

MEMORANDUM OF AGREEMENT APPENDIX "B" AND "C"

(NAPA, ST. HELENA & VICINITY) (REEDLEY 1-7; 9(8))

Grape harvesting piece rates will be paid based on the following procedure:

  1. Grape harvesting piece rates will be based on the actual tons yield per acre, per block. A block will be defined on an average of 25 to 30 acres, as per map description based on maps furnished by the Company to Union representative.
  2. Blocks that are being harvested and are not completed at the end of any pay period will be paid for on the regular payday of the following pay period.
  3. However, if for good business reasons, the Company discontinues the harvesting in any one block before it is completed, then the actual yield per acre shall be based on the actual yield per total acres of that block harvested up to the time that the harvesting was discontinued, and the workers will be paid for the part of that block on their regular payday.
  4. If harvesting is restarted on a block which has been discontinued for good business reasons, the actual yield per acre for that block will be based on the actual yield per acre of the balance left to be harvested.
  5. Gondolas will be weighed in the field. Each crew shall be provided with a certified copy of the weight slip for each gondola weighed.
  6. Upon completion of each block Union representative will be provided with a report of total tons and/or pounds picked, by variety, plus total hours and/or minutes worked.
  7. On grape harvesting Piece Rate work, workers will be guaranteed the minimum of the General Labor hourly rate as per Appendix "A" based on the hourly average earned at the completion of each block.
  8. On blocks yielding less than one ton per acre the St. Helena and Napa workers will have the option of choosing either the incentive rate or the hourly rate for such blocks. Such determination will be made by a majority vote of the workers picking grapes.
  9. Gondola Crews for Picking
    Crews for picking in gondolas will consist of four (4) men

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    to a crew. However, this does not preclude the use of more men if the crew desires more or the Employer discovers more men are needed for normal production.

APPENDIX D

____________________
COMPANY
AND
UNITED FARM WORKERS OF AMERICA, AFL-CIO

TO: _______________ DATE: _____________________
___________________ WORKER SOCIAL SECURITY
NO: _______________________
___________________ SENIORITY DATE: ___________

NOTICE OF RECALL

In accordance with the provisions of Article 15 of the Agreement between ____________ 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.

The exact starting date is subject to change and shall be confirmed by mail on or about ___________. In the event you are not planning to be at your present mailing address, you may obtain this exact starting date by telephoning the Company's office on or after ________________________.

Remember to bring your Social Security card on the date you report to work.

Failure to respond to this recall will result to your loss of seniority under Article 15, Section B-3.

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[Letter of Understanding]

United Farm Workers of America, AFL-CIO
P.O. Box 62
Keene, California 93531

Re: Mont La Salle Vineyards

Gentlemen:

The United Farm Workers of America, AFL-CIO and Mont La Salle Vineyards have entered into a collective bargaining agreement effective March 13, 1977 to and including March 12, 1981. This letter is a part of that agreement.

Article 32, Paragraph D of the collective bargaining agreement contains certain provisions pertaining to premium pay for Sunday work. It is agreed by the parties that this particular paragraph has no application to Sunday work performed by Irrigators at Reedley.

Very truly yours,

MONT LA SALLE VINEYARDS
By_____________________
Date___________________

THE ABOVE IS AGREED TO:

United Farm Workers of
America, AFL-CIO

By______________
Date 3/15/78

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[HARVEST RATES]

Vinedo Santa Helena
(St. Helena Vineyards)
Tarifas de Cosecha de 1977
(1977 Harvest Rates)

Dolares Por Tonelada
(Dollars Per Ton)

TONELADAS POR ACRE
(TONS PER ACRE)
I
FRENCH COLOMBARD
SEMILLON
ZINFANDEL
PETITE SIRAH
GAMAY
GRIGNOLINO
PALOMINO
II
EARLY BURGUNDY
MERLOT
MALBEC
FR. PETITE SIRAH
GREY RIESLING
MIXED BLACKS
WHITE
III
CHENIN BLANC
SYLVANER
PINOT ST. GEORGE
IV
CABERNET SAUVIGNON
PINOT NOIR
RUBY CABERNET
J. RIESLING
CHARDONNAY
SAUVIGNON BLANC
0-½ 71.75 78.50 83.75 98.00
½-1 58.25 64.75 70.25 83.75
1-2 41.50 50.00 54.00 62.00
2-3 34.50 42.75 46.00 56.25
3-4 29.75 36.50 39.00 52.00
4-5 26.00 29.75 32.75 47.75
5-6 22.75 26.75 29.50 44.75
6-7 21.50 26.00 26.75 41.50

Tarifas de Cosecha de 1978
(1978 Harvest Rates)

[TONELADAS POR ACRE
(TONS PER ACRE)]
[I
FRENCH COLOMBARD
SEMILLON
ZINFANDEL
PETITE SIRAH
GAMAY
GRIGNOLINO
PALOMINO]
[II
EARLY BURGUNDY
MERLOT
MALBEC
FR. PETITE SIRAH
GREY RIESLING
MIXED BLACKS
WHITES]
[III
CHENIN BLANC
SYLVANER
PINOT ST. GEORGE]
[IV
CABERNET SAUVIGNON
PINOT NOIR
RUBY CABERNET
J. RIESLING
CHARDONNAY
SAUVIGNON BLANC]
0-½ 75.25 82.50 88.00 103.00
½-1 61.25 68.00 73.75 88.00
1-2 43.50 52.50 56.75 65.00
2-3 36.25 45.00 48.25 59.00
3-4 31.25 38.25 41.00 54.50
4-5 27.25 31.25 34.50 50.25
5-6 24.00 28.00 31.00 47.00
6-7 22.50 27.25 28.00 43.50

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Vinedo Santa Helena
(St. Helena Vineyards)
Tarifas de Cosecha de 1979
(1979 Harvest Rates)

Dolares Por Tonelada
(Dollars Per Ton)

TONELADAS POR ACRE
(TONS PER ACRE)
I
FRENCH COLOMBARD
SEMILLON
ZINFANDEL
PETITE SIRAH
GAMAY
GRIGNOLINO
PALOMINO
II
EARLY BURGUNDY
MERLOT
MALBEC
FR. PETITE SIRAH
GREY RIESLING
MIXED BLACKS
WHITE
III
CHENIN BLANC
SYLVANER
PINOT ST. GEORGE
IV
CABERNET SAUVIGNON
PINOT NOIR
RUBY CABERNET
J. RIESLING
CHARDONNAY
SAUVIGNON BLANC
0-½ 79.00 86.75 92.50 108.25
½-1 64.25 71.50 77.50 92.50
1-2 45.75 55.25 59.50 68.25
2-3 38.00 47.25 50.75 62.00
3-4 32.75 40.25 43.00 57.25
4-5 28.50 32.75 36.25 52.75
5-6 25.25 29.50 32.50 49.25
6-7 23.75 28.75 29.50 45.75

Tarifas de Cosecha de 1980
(1980 Harvest Rates)

[TONELADAS POR ACRE
(TONS PER ACRE)]
[I
FRENCH COLOMBARD
SEMILLON
ZINFANDEL
PETITE SIRAH
GAMAY
GRIGNOLINO
PALOMINO]
[II
EARLY BURGUNDY
MERLOT
MALBEC
FR. PETITE SIRAH
GREY RIESLING
MIXED BLACKS
WHITES]
[III
CHENIN BLANC
SYLVANER
PINOT ST. GEORGE]
[IV
CABERNET SAUVIGNON
PINOT NOIR
RUBY CABERNET
J. RIESLING
CHARDONNAY
SAUVIGNON BLANC]
0-½ 83.75 92.00 98.00 114.75
½-1 68.00 75.75 82.25 98.00
1-2 48.50 58.50 63.00 72.25
2-3 40.25 50.00 53.75 65.75
3-4 34.75 42.75 45.50 60.75
4-5 30.25 34.75 38.50 56.00
5-6 26.75 31.25 34.50 52.25
6-7 25.25 30.50 31.25 48.50

- 36 -

VINEDO MLSV NAPA
(MLSV NAPA VINEYARDS)
Tarifas de Cosecha de 1977
(1977 Harvest Rates)

Dolares Por Tonelada
(Dollars Per Ton)

TONELADAS POR ACRE
(TONS PER ACRE)
I
FRENCH COLOMBARD
SEMILLON
ZINFANDEL
PETITE SIRAH
GAMAY
GRIGNOLINO
PALOMINO
II
EARLY BURGUNDY
MERLOT
MALBEC
FR. PETITE SIRAH
GREY RIESLING
MIXED BLACKS &
WHITE
III
CHENIN BLANC
SYLVANER
PINOT ST. GEORGE
IV
CABERNET SAUVIGNON
PINOT NOIR
RUBY CABERNET
J. RIESLING
CHARDONNAY
SAUVIGNON BLANC
0-½ 77.50 84.50 90.00 104.75
½-1 63.25 70.50 75.75 90.00
1-2 46.00 54.25 59.00 67.50
2-3 38.25 47.25 50.75 61.25
3-4 33.50 40.75 43.00 57.00
4-5 29.50 33.50 37.00 52.50
5-6 26.25 30.75 33.25 49.00
6-7 25.00 29.50 30.75 46.00

Tarifas de Cosecha de 1978
(1978 Harvest Rates)

[TONELADAS POR ACRE
(TONS PER ACRE)]
[I
FRENCH COLOMBARD
SEMILLON
ZINFANDEL
PETITE SIRAH
GAMAY
GRIGNOLINO
PALOMINO]
[II
EARLY BURGUNDY
MERLOT
MALBEC
FR. PETITE SIRAH
GREY RIESLING
MIXED BLACKS &
WHITES]
[III
CHENIN BLANC
SYLVANER
PINOT ST. GEORGE]
[IV
CABERNET SAUVIGNON
PINOT NOIR
RUBY CABERNET
J. RIESLING
CHARDONNAY
SAUVIGNON BLANC]
0-½ 81.50 88.75 94.50 110.00
½-1 66.50 74.00 79.50 94.50
1-2 48.25 57.00 62.00 71.00
2-3 40.25 49.50 53.25 64.25
3-4 35.25 42.75 45.25 59.75
4-5 31.00 35.25 38.75 55.25
5-6 27.50 32.25 35.00 51.50
6-7 26.25 31.00 32.25 48.25

- 37 -

VINEDO MLSV NAPA
(MLSV NAPA VINEYARDS)
Tarifas de Cosecha de 1979
(1979 Harvest Rates)

Dolares Por Tonelada
(Dollars Per Ton)

TONELADAS POR ACRE
(TONS PER ACRE)
I
FRENCH COLOMBARD
SEMILLON
ZINFANDEL
PETITE SIRAH
GAMAY
GRIGNOLINO
PALOMINO
II
EARLY BURGUNDY
MERLOT
MALBEC
FR. PETITE SIRAH
GREY RIESLING
MIXED BLACKS &
WHITE
III
CHENIN BLANC
SYLVANER
PINOT ST. GEORGE
IV
CABERNET SAUVIGNON
PINOT NOIR
RUBY CABERNET
J. RIESLING
CHARDONNAY
SAUVIGNON BLANC
0-½ 85.50 93.25 99.25 115.50
½-1 69.75 77.75 83.50 99.25
1-2 50.75 59.75 65.00 74.50
2-3 42.25 52.00 56.00 67.50
3-4 37.00 45.00 47.50 62.75
4-5 32.50 37.00 40.75 58.00
5-6 29.00 33.75 36.75 54.00
6-7 27.50 32.50 33.75 50.75

Tarifas de Cosecha de 1980
(1980 Harvest Rates)

[TONELADAS POR ACRE
(TONS PER ACRE)]
[I
FRENCH COLOMBARD
SEMILLON
ZINFANDEL
PETITE SIRAH
GAMAY
GRIGNOLINO
PALOMINO]
[II
EARLY BURGUNDY
MERLOT
MALBEC
FR. PETITE SIRAH
GREY RIESLING
MIXED BLACKS &
WHITES]
[III
CHENIN BLANC
SYLVANER
PINOT ST. GEORGE]
[IV
CABERNET SAUVIGNON
PINOT NOIR
RUBY CABERNET
J. RIESLING
CHARDONNAY
SAUVIGNON BLANC]
0-½ 90.75 98.75 105.25 122.50
½-1 74.00 82.50 88.50 105.25
1-2 53.75 63.25 69.00 79.00
2-3 44.75 55.00 59.25 71.50
3-4 39.25 47.75 50.25 66.50
4-5 34.50 39.25 43.25 61.50
5-6 30.75 35.75 39.00 57.25
6-7 29.25 34.50 35.75 53.75



 Creation of electronic edition: Kevin Chau.
© 2005 University of California, Davis.