Collective Bargaining Agreement Between Sea Breeze Farms and United Farm Workers of America, AFL-CIO, July 1, 1980 through April 6, 1982 : electronic version.



COLLECTIVE BARGAINING AGREEMENT BETWEEN SEA BREEZE FARMS AND UNITED FARM WORKERS OF AMERICA, AFL-CIO

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PARTIES

This Agreement and Supplemental Agreements attached hereto are between SEA BREEZE FARMS, hereafter called "the Company" and the UNITED FARM WORKERS OF AMERICA, AFL-CIO hereafter called "the Union". The parties agree as follows:

ARTICLE 1: RECOGNITION

A. The Company does hereby recognize the Union as the sole labor organization representing all of the Company's agricultural employees (hereinafter called "workers") in the unit set forth in Agricultural Labor Relations Board's certification in case number 78-RC-5-X. In the event the Agricultural Labor Relations Board certifies other employees not here included within the certified unit, such additional employees shall be included under the terms of this Agreement. The term "worker" shall not include office and sales employees, security guards, designated family employees and supervisory employees who have the authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other workers or the responsibility to direct them or adjust their grievances, or effectively recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.

B. The Company agrees that no business device including joint ventures, partnerships or any other forms of agricultural business operations shall be used by the Company for the purpose of circumventing the obligations of this Agreement.

C. The Company further recognizes the rights and obligations of the Union to negotiate wages, hours and conditions of employment and to administer this Agreement on behalf of covered workers.

D. Neither the Company nor its representatives will take any action to disparage, denigrate or subvert the Union. Neither the Union nor its representatives will take any action to disparage, denigrate or subvert the Company.

E. Neither the Company nor its representatives will interfere with the right of any worker to join and assist the Union. The Company will make known to all workers that they will secure no advantage, nor more favorable consideration nor any form of special privilege because of non-participation in Union activities.

F. The Company will make known to all workers, supervisors and officers, its policies and commitments as set forth above with respect to recognition of the Union and will not discourage workers in the bargaining unit from giving utmost consideration to

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supporting and participating in collective bargaining and contract administration functions.

ARTICLE 2: UNION SECURITY

A. Union membership shall be a condition of employment. Each worker 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 Union in good standing. Union shall be the sole judge of the good standing of its members. Any worker who fails to become a member of Union within the time limit set forth herein, or who fails to pay the required initiation fee, periodic dues or regularly authorized assessments as prescribed by Union, or who has been determined to be in bad standing by Union pursuant to the provisions of the Union's constitution, shall be immediately discharged upon written notice from Union to Company, and shall not be re-employed until written notice from Union to Company of the worker's good standing status.

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

C. Company agrees to deduct from each worker's pay initiation fees, all periodic dues, and assessments as required by Union, upon presentation by the Union of individual authorization signed by workers, directing Company to make such deductions. Company shall make such deductions from worker's pay for the payroll period in which it is submitted, provided that it is submitted in advance of the close of the pay period, and periodically thereafter as specified on authorization so long as such authorization is in effect and shall remit monies weekly. The Company shall provide a monthly summary report as soon as possible, but not later than twenty days (thirty days for the first three months after the date of execution of this Agreement) after the last pay period in the previous month, containing the names of the workers, Social Security numbers, payroll periods covered, gross wages, total hours worked per worker, total number of workers and amount of Union dues deducted during such pay periods from each worker. Union will furnish the forms to be used for authorization and will notify the Company in writing of dues, assessments and initiation fees within five (5) days of the execution of this Agreement and five (5) days before the effective date of any change.

D. The Union will furnish the Company with membership and authorization forms. If the Company procures workers from "any other source" as provided in Article 3 the Company will explain the membership and deduction authorization arrangements between the

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Company and the Union at the time of hiring new workers. The Company will be responsible to cause such workers to sign the membership and authorization forms not later than immediately following five days of the beginning of employment. The Company will immediately give a copy of the authorization form to the worker, 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 Company harmless from and against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of action taken by Company for the purpose of compliance with any of the provisions of this Article.

ARTICLE 3: HIRING

A. The Union shall operate and maintain a facility whereby Company may secure new or additional workers. The Union will notify Company of the address and phone number of each facility nearest each operation of the Company and the name of the person in charge of the facility.

B. Company recalls of seniority workers shall be pursuant to Section C of Article 4. Workers returning to work on recall shall check in with the Union Steward or other Union representative on the job site to verify the worker's name is on the seniority list before commencing work.

C. Whenever at the beginning of any operating season in any area of operation of the Company, the Company anticipates the need for new or additional workers to perform any work covered by this Agreement, the Company shall, at least two (2) weeks prior to the date of anticipated need for such workers, notify the facility of the Union designated in Section A in writing, stating the number of workers needed, the type of work to be performed, the estimated starting date of the work and the approximate duration thereof. The Company shall notify the Union promptly of any change in estimated starting date; however, the Company shall give to the Union the exact starting date no later than twenty-four (24) hours prior to the actual date for commencement of the work.

D. In the event, during the operating season in any area of company operations, new or additional workers are needed to perform work covered by this Agreement, the Company shall notify the Union facility designated in Section A of the number of workers needed, the type of work to be performed, the date the workers are needed, and whether the work is temporary or permanent. The Union shall be given forty-eight (48) hours notice or as far in advance as reasonably possible.

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E. When workers are requested of the Union, Union shall use its best efforts to furnish the requested number of workers, and the Union shall promptly notify the Company if it is unable to comply with any Company request for workers. If the Union does not furnish the requested number of workers on the date requested, the Company shall be free to procure needed workers not furnished by the Union from any other source. If the Company secures workers under the provisions of this paragraph, the Company will make available to Union, in writing within five (5) days thereafter, the names, Social Security numbers, date hired and job classifications of all workers so hired, provided however, that the Union shall be entitled, acting on its own, to ascertain such information from such workers at any time after twenty-four (24) hours following the hiring of such workers, provided further, that work is not interrupted. Grievances relating to this paragraph shall be subject to the expedited grievance and arbitration procedure.

F. When Company requests workers from the Union facility for jobs which require skills or experience (such as tractor drivers, irrigators) the Union will refer workers who meet the job requirements. Before the Company makes a determination that a referred worker does not meet the job requirement, the supervisor will fully explain the job duties and requirements and give the worker a reasonable time (which need not exceed one day) to meet the job requirements. Discharges shall be subject to the procedure of Article 8 - Discipline and Discharge.

G. It is essential that the Union has advance notice of any layoff, so it may plan utmost utilization of available workers. Accordingly, the Company will notify Union seven (7) days in advance of any layoff, or as soon as possible, prior to any layoff.

H. In the event that it is necessary to layoff workers before they acquire seniority, it is understood that if such workers are referred or dispatched by the Union to the Company, that such workers will be given work opportunity by the Company on the same basis as any other non-seniority worker.

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ARTICLE 4 SENIORITY

A. Seniority shall be defined as the total length of continuous service with the Company. A break in service terminates worker seniority. Layoffs are not considered a break in service. There shall not be layoffs for the purpose of circumventing acquisition of seniority.

B. Seniority shall be broken for the following 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.
  4. When the worker fails to report to work at the termination of a leave of absence or vacation.
  5. When any worker leaves the bargaining unit to accept a supervisory or other position with the Company outside the bargaining unit.
  6. Any worker rehired after loss of seniority as provided above shall establish a new seniority date as provided in sec.A above.

C. The classifications of workers shall be as designated on appendix "A" attached hereto and by this reference made a part hereof. The filling of vacancies, new jobs, promotions or increased work opportunities within the bargaining unit, demotions and reductions in classification shall be on the basis of seniority, provided, however, the worker is able to do the work. In such cases, the supervisor will fully explain the job duties and requirements, and give the worker a reasonable time to meet the job requirements.

Whenever there is a layoff in the work force in any job classification, layoffs shall be by seniority order, with the workers with

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the lowest seniority laid off first.

Workers reduced in classification or laid off from any classification upon restoration of work force or recall shall return in seniority order, with the workers with the highest seniority being recalled first to the classification from which they were reduced or laid off. If the case arrives where more than one worker has the same hiring date the worker with the highest last for (4) digits in his/her Social Security number shall have the higher seniority. Whenever a permanent vacancy occurs in any classification, with a rate above general field and harvesting, such vacancy shall be posted on the Company's bulletin boards. A copy of such posting shall be provided the Ranch Committee and the Union. The posting shall be made at least ten days before the vacancy is permanently filled. Workers with seniority desiring consideration for the higher rated job will so indicate by signing the posting. The senior worker, in accordance with Section C above, shall be selected for the vacancy and he shall be given a fair opportunity to qualify. If such worker cannot perform the job, he shall return to his former classification and rate and the Company will then select the next senior worker who had signed the posting and he shall be given a fair opportunity to qualify. Selection and training for those workers applying for the position shall be as set forth in Section C above.

The Company will fill temporary vacancies, such as during the posting period or those created by a worker's short-term illness, injury or other temporary absence which are not subject to posting, so far as possible, with seniority workers.

The Company shall prepare up-to-date seniority lists, showing the name of each worker, his seniority date, social security number, and job classification, which shall be posted on the Company bulletin board as follows:

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the seniority lists (the first of which shall be approved and signed by Company and Union concurrently with the execution of this Agreement and as a condition to the efficacy of this Agreement) shall be posted within five days after the execution of this Agreement and thereafter every three months for a period of two weeks, and the Union shall also be given a copy of each of said seniority lists. All seniority lists, including without limitation the first, shall be prepared from and based on the Company's payroll records. If questions arise concerning the accuracy of the lists the Union and Company have up to two weeks after the posting is completed to resolve the dispute. If the dispute remains after two weeks, any unresolved matters relating to the seniority lists shall be submitted to expedited arbitration.

The Company, when anticipating the recall of seniority workers, shall notify the worker and the Union, not less than two weeks prior to the estimated starting date of the work, and the approximate duration thereof. All notices of recall shall be in writing as per attached form in Appendix B of this agreement. All notices shall be mailed First Class with copies provided to Union. When recall letters sent to workers, are returned to Company with Postal Service notification of non-delivery, the Union shall be notified of workers name and the address from which letter was returned. The Company shall make available to Union any returned letter and envelope upon request. The Company shall then notify the worker through the facility of the Union designated in Section of Article 3, when to report for work, allowing reasonable time to report.

The Company shall notify the Union within five working days of seniority laid off or recalled on a seasonal basis, in accordance with this Article by giving the worker's name, social security number, seniority date, job classification and date of recall or layoff. In all recall situations,

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the Company shall furnish to the Ranch Committee list containing the name and social security number of each worker recalled who actually reports for work. Grievances relating to this Section I shall be subject to the expedited grievance and arbitration procedure.

Seniority shall not be applied so as to displace (bump) any worker of the Company, except as provided in other Sections of this Article.

ARTICLE 5: GRIEVANCE AND ARBITRATION PROCEDURE

A. The parties to this Agreement agree that all disputes which arise between the Company and the Union out of the interpretation or application of this Agreement or any controversy between the Company and workers or the Union which arise under this Agreement that deals with working conditions, health, safety or benefits, 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 involving this Agreement and no other remedies shall be utilized by any person with respect to any dispute involving this Agreement until the Grievance and Arbitration Procedure has been exhausted.

B. All grievances shall be processed during regular working hours. The grievant(s), the Steward(s) and Grievance Committee's function shall be performed without any loss of pay.

C. Aggrieved workers shall have the right, without any loss of pay to be present at each step of the procedure. The Company shall be responsible for making Union Stewards available on request of a worker or group of workers wishing to submit a grievance. The Company will also be responsible for making the Grievance Committee available whenever and wherever their presence is required to perform their functions under this Agreement.

D. At the request of the Union, the Company 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.

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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 P of this Article. A grievance regarding the discharge of an employee must be filed in writing within five working days of the discharge. All other grievances must be filed in writing within thirty working days of the occurrence of the grievance or thirty working days of the discovery thereof.

G. SECOND STEP: Any grievance not satisfactorily resolved in the First Step within one day, shall within 15 work days thereafter, be discussed in a meeting between the Grievance Committee and the Company'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 Company. 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. Failure of the grieving party to appeal to the Second Step within thirty calendar days shall waive the grievance.

H. THIRD STEP: If the parties cannot resolve the dispute in Step 1 or 2 above, the grievance shall be referred to the Permanent Arbitrator within thirty working days. 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 Company and the Union shall immediately select his or her successor or substitute.

I. The Arbitrator shall consider and decide the grievance(s) referred to him or her and in cases where more than 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 provision 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 Company. The Arbitrator must render a decision in writing to the parties within fifteen days from the date of the closing of the hearing. The Arbitrator shall have access to Company's property if necessary.

J. Should either party fail or refuse to participate in any steps of the grievance machinery, the grieving party shall have the right to refer the matter to the Arbitrator immediately for his or her consideration in a formal hearing. Such hearing may be ex parte, i.e., with only one side present, provided that the Permanent Arbitrator may temporarily delay an ex parte hearing to permit immediate bona fide efforts to settle an issue without a hearing.

K. The decision of the Arbitrator shall be binding on the Company,

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the Union, and the workers.

L. Decisions of the Arbitrator shall be in writing, signed and delivered to the respective parties. All expenses and salaries of the Arbitrator shall be paid by the losing party. If a question arises as to the losing party, this shall be decided by the Arbitrator hearing the grievance then in dispute. Each party shall pay the cost of presenting its own case.

M. Nothing in this Article shall be deemed to preclude the Trustee/Directors of the Robert F. Kennedy Farm Workers Medical Plan, the Juan De La Cruz Farm Workers Pension Fund, or the Martin Luther King Farm Workers Fund, from enforcing contributions due these funds under this Agreement by means of litigation.

N. The parties agree that Reverend John F. Blethen shall be the initial Permanent Arbitrator. Rev. Blethen or any other Permanent Arbitrator hereafter selected may be replaced upon the request of either party at any time after such selected Permanent Arbitrator has served at least six months, and in the event the parties are unable to mutually agree on a new Permanent Arbitrator, the procedures outlined in the next two paragraphs of this Section N shall be applicable, until such time as the parties are again able to agree on a Permanent Arbitrator.

The parties will make a good faith effort to agree on a list of arbitrators. In the event they are unable to agree, not later than fifteen days after the need for such a list arises, if requested by either the Company or the Union, a panel of eleven arbitrators shall be requested from either the American Arbitration Association or the Federal Mediation and Conciliation Service.

After receipt of the lists the parties shall meet to select an arbitrator for each grievance. If the parties cannot agree upon the selection of an arbitrator then they shall turn to the lists of arbitrators received under procedures of the above paragraph. The party to strike first shall be selected by a coin toss. That party shall strike the first name from each list. The name remaining after each party has struck five shall be the person designated as arbitrator for the particular grievance. Every six months either party may request a new list of arbitrators and require a new meeting as discussed in this paragraph to select a new arbitrator.

O. In the event that any grievance causes a work interruption of any kind, the parties agree to make an immediate joint effort to end such interruption which may include contacting an arbitrator. The arbitrator shall order an end to such interruption, personally, if possible, or by telephone, and shall immediately attempt to resolve the grievance. Such action in no way alters the obligation or liability of either party under this Agreement.

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P. 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 calendar days (other than Sundays) after the day on which the grieving party notified in writing the other party that the grievance must be expedited. The parties agree to meet in the time between notification of the invocation of the expedited procedure and the hearing before the arbitrator in an attempt to resolve the grievance. 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 hours of the close of the expedited hearing. The Arbitrator shall have access to Company's property if necessary.

ARTICLE 6: NO STRIKE CLAUSE

A. There shall be no strikes, slowdowns, work stoppages, boycotts, or interruptions of work by the Union nor shall there be any lockout by the Company.

B. In the event of a breach of this Agreement, 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. Workers covered by this Agreement shall not engage in any strike, slowdown, work stoppage, boycott, or other interruption of work which action is not approved by the Union.

D. Company may discharge or discipline any worker who violates the provisions of this Article 6.

ARTICLE 7: RIGHT OF ACCESS TO COMPANY PROPERTY

A. Duly authorized and designated representatives of the Union shall have right of access to Company premises in connection with conduct of normal Union affairs in administration of this Agreement.

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

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

ARTICLE 8: DISCIPLINE AND DISCHARGE

A. Company shall have the sole right to discipline and discharge workers for just cause, providing that in the exercise of this right it will not act in violation of the Agreement. No worker shall be

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disciplined or discharged except for just cause.

B. Prior to any discharge or suspension, the Company shall notify the Steward or other Union official and such Union representative shall have the right to be present when formal charges are made, if they so desire. Provided, however, if a situation occurs in a remote area, wherein the Company deems it necessary to take action and no Steward or Union representative is available, the Company may take action and must give written notice within the time limit in Paragraph D below.

C. The Steward or other Union representative shall have the right to interview workers in private so long as such interview does not unnecessarily interfere with work requirements.

D. Within forty-eight (48) hours after any discharge for just cause, the Union representative will be notified in writing the reasons for such discharge.

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

ARTICLE 9: DISCRIMINATION

In accordance with the policies of Company and the Union, it is agreed that there shall be no discrimination against any worker because of race, age, creed, color, religion, sex, political belief, national origin, language spoken or Union activity.

ARTICLE 10: WORKER SECURITY

A. Company agrees that any worker may refuse to pass through any picket line of another Company which is sanctioned by the Union, where the worker's physical well-being is threatened by his so doing.

B. 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.

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ARTICLE 11: LEAVES OF ABSENCE

Leaves of Absence for Union Business

A. Any worker elected or appointed to an office or position in the Union shall be granted a leave of absence for a period of continuous service with the Union upon written request of the Union provided that at no time shall more than five workers be entitled to leaves of absence pursuant to this Section A. Ten days' notice must be given the Company before the worker takes leave to accept such office or position or chooses to return to work. Such leave of absence shall be without pay. Seniority shall not be broken or suspended by reason of such leave.

B. A temporary leave of absence without pay not to exceed three days per calendar quarter for Union business shall be granted under the following conditions:

  1. Written notice shall be given by the Union to the Company at least two days prior to commencement of any such leave;
  2. Such leaves of absence shall only be granted to workers engaged in culture and shall not exceed five percent of irrigator, sprayer, tractor or truck driver crews, or ten percent of any other crew;
  3. This section shall only apply to companies whose harvesting operations exceed sixty workdays in a calendar year:
  4. This section shall not apply to operations during critical periods if it would harm operations.

Other Leaves

C. A leave of absence without pay shall also be granted to workers by the Company upon workers applying to and being confirmed by the Company for any of the following reasons without loss of seniority:

  1. For jury duty or witness duty when subpoenaed.
  2. A worker who serves in the U.S. Military and notifies the Company and Union in writing prior to leaving for such service, and reports for work within thirty days after being discharged from such service, shall not lose any seniority, job rights, or other benefits. Upon return from such service, such worker shall be granted a job equal to that he or she would have had with Company had he or she remained in Company's continued employ, provided, however, any renewal of enlistment beyond the original one will serve to break seniority unless such action violates the Selective [...]

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D. All leaves in excess of three days shall be in writing on approved leave of absence forms provided by the Company. Such forms shall be signed by the Company representative, the worker requesting the leave, and by the Union steward or other Union representative to signify receipt of the Union's copy. Leave of absence shall be extended by the Company for a valid personal reason, if a request for such an extension is made by the worker in writing to the Company with a copy to the Union prior to the termination of the original leave, provided, however, that a request for an extension may be submitted simultaneously with the request for a leave of absence for valid personal reasons if the worker has special circumstances which require additional time.

Leaves of absence schedules, under this section, where more workers have applied for a leave of absence at the same time than can be spared by the Company, shall be allocated on the basis of seniority with the worker having the highest seniority having first preference for that leave of absence.

However, where a worker requests an emergency leave, the Union and the Company may agree to his/her leave in preference to that worker over other workers with higher seniority.

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

ARTICLE 12: SUPERVISORS

Supervisors and other employees not included in the bargaining unit, other than designated family employees, shall not perform any work covered by this Agreement, except for instructions training and emergencies, and the type of work which supervisors have historically performed in the past, and where the intent is not to deprive workers in the bargaining unit of work.

ARTICLE 13: HEALTH AND SAFETY

A. Company agrees to make available to Union upon reasonable request such records as will disclose the followings:

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

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C. No worker shall be required to work in any work situation which would immediately endanger his health or safety. Work shall be voluntary during the occurrence of rainfall. The Company shall make every attempt to plan irrigation and other work schedules so that workers do not have to work in recently irrigated fields. The Company shall provide trucks with railings and seats for transporting workers about the work place. Company vehicles transporting workers shall be driven by supervisors when available, otherwise by workers.

D. In accordance with law, there shall be adequate toilet facilities, separate for men and for women in the field readily accessible to workers, that will be maintained by the Company in a clean and sanitary manner. The toilet facilities shall be cleaned twice weekly if either the Company or the Union can locate a sanitary service willing to do so at a reasonable price. The Company shall provide washing facilities with soap and paper towels near the toilet facilities.

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

F. Tools and equipment historically provided and necessary to perform work, and protective garments as required by law to safeguard the health of or to prevent injury to a worker's person shall be provided, maintained and paid for by the Company. Irrigators shall be provided with waterproof jackets with hoods, waterproof pants, and waterproof boots. Workers shall be responsible for returning all such equipment that was checked out to them but shall not be responsible for normal breakage, wear and tear. Workers shall be charged actual cost for equipment that is not broken and not returned. Receipts for returned equipment shall be given to the worker by the Company.

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

H. Any violation of this Article shall be subject to the expedited grievance and arbitration procedure.

ARTICLE 14: MANAGEMENT RIGHTS

The Company shall have and maintain all rights of management and discretion in all matters, except as specifically and expressly limited or modified by this Agreement.

ARTICLE 15: UNION LABEL

A. The Union label and Union seal are and shall remain the sole

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property of the Union. During the term of this Agreement, Company shall be entitled to the use of said label and seal. It is agreed that during the term of this Agreement each shipping package or container, harvested and packed by Union members and shipped by Company, at the option of Company may bear the Union label or seal. In this regard Company shall not sell, transfer, or assign its right to use said label or seal except upon written permission of Union. The color, size and placement of the label or seal on particular packages or containers shall be determined by the Company.

B. In the event of the Company's misuse of the Union label or seal on packages or units harvested and packed by non-union workers, Union may revoke the right to use said label. In the event that the Union revokes the Union label or seal, it shall give reasonable notice to the Company and the Company agrees to return same forthwith, or if same cannot be returned then, on request of Union, the label or seal shall be completely obliterated on any package, container or unit.

C. Following of industry practice with respect to exchange of sizes, mixed cars, private labels or purchase of produce to fill out an order shall not be considered "misuse" of the Union label or seal or a violation of any provision of this Agreement.

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ARTICLE 16: HOURS OF WORK AND OVERTIME

A. Daily overtime:

  1. All workers except for tractor drivers and irrigators, shall be paid one and one-half (1½) times their regular rate of pay for all work performed after nine (9) hours in any one day.
  2. Tractor drivers and irrigators shall be paid one and one half (1½) times their regular rate of pay for all work performed after ten (10) hours in any one day.

B. Saturday Overtime

  1. All hourly paid workers, except for tractor drivers and irrigators, shall be paid one and one half (1½) times their regular rate of pay for all work performed after five (5) hours on Saturday.
  2. Tractor drivers and Irrigators shall be paid one and one-half (1½) times their regular rate of pay for all work performed after six (6) hours.
  3. All piece rate workers shall be paid one and one half (1½) times their regular rate of pay for all work performed after four (4) hours on Saturday.

C. Sunday Overtime- All workers shall be paid one and one half (1½) times their regular rate of pay for all work performed on Sunday.

D. Meal time breaks shall be one hour and are not compensated for

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nor counted as hours worked under the provisions of this Agreement. The Company shall construct a meal area as soon as practically possible, but in any event within ten months of this Agreement, with a roof structure at least 20' by 60' with tables and benches sufficient to seat sixty workers, with facilities for workers to wash and dry their hands, and with a gas stove for the heating of food to be provided within a year of this agreement. Workers shall depart the meal area to return to work one hour following their release for the meal break by the supervisor.

E. When a worker performs work in a higher rated job, he shall be paid at the higher rate for all time so worked but shall in any event not be paid such higher rate for less than one (1) hour in such day.

F. When a worker is working as a trainee for qualification for a higher rated job, he shall be paid for such training period at his regular rate of pay for a time period not to exceed twenty-eight continuous calendar days.

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

H. Pay checks shall be provided to workers at the time of their layoff in accordance of state law.

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hours of work on weekdays and at least five hours of work on Saturdays. Workers on piece rate shall not be required to work more than six hours given day, although they may work additional hours voluntarily at the Company's request.

ARTICLE 17 : REPORTING AND STANDBY TIME

A. A worker who is required to report for work and does report and is furnished no work shall be paid at least four (4) hours at the worker's hourly rate of pay or the worker's average hourly piece rate earnings based on the preceding payroll period. If less than four (4) hours of work is provided, hourly workers shall be paid four (4) hours at their hourly rate of pay, and piece rate workers shall be paid at the piece rate earned during the time worked and their hourly average piece rate wage based on the preceding payroll period for the remaining time up to four (4) hours that day. This section shall not apply where work covered by this agreement is delayed or cannot be carried out because of an act of god,government condemnation of crop or other causes beyond the control of the Company.

B. A worker shall be paid at his hourly rate for all time he is required to remain on the job.

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ARTICLE 18: REST PERIODS

Workers shall have one paid rest period of twenty (20) minutes in the morning and one paid rest period of fifteen (15) minutes in the afternoon. Each, which insofar as possible, shall be in the middle of each continuous work period of approximately four (4) hours or major fraction thereof.

ARTICLE 19: 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 they qualify as specified in B below in the prior calendar year. Vacation pay shall be computed on the basis of the appropriate per cent of the employee's gross earnings from the Employer in the calendar year prior to the taking of the vacation. Calendar year in the paragraph means October 1 to September 30.

B. An employee who worked six hundred (600) hours in the prior calendar year with the Employer, will qualify for an amount equal to two percent (2%) of his/her total gross earnings vacation pay and one (1) week vacation.

An employee who worked six hundred (600) hours in the prior calendar year, with three (3) years seniority with the Employer, will qualify for an amount equal to three percent (3%) of his/her total gross earnings vacation pay and two (2) weeks of vacation.

An employee who worked six hundred (600) hours in the prior calendar year, with six (6) years of seniority with the Employer, will qualify for an amount equal to five percent (5%) of his/her gross earnings vacation pay and three (3) weeks of vacation.

- [21] -

Employees may waive vacation periods but shall receive their vacation pay in addition to their earnings for such period. For employees who desire to waive their vacation period, their vacation pay shall be deemed due and payable at any time such pay is requested. Regular deductions shall be made and reported.

C. Any employees who quit or are terminated shall receive their appropriate vacation benefit allowance in accordance with the above section B.

D. If an employee's vacation period includes one of the holidays set forth in Article 21, his or her vacation period shall be extended to include such holiday, and holiday pay.

E. Vacation schedules shall be mutually agreed upon except if more employees, in the judgement 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.

ARTICLE 20: BEREAVEMENT PAY

To make funeral arrangements and to attend the funeral of a member of the immediate family (father, mother, mother-in-law, father-in-law, child, brother, sister, husband, or wife), a worker who has worked for the company at least five (5) days, during the two (2) weeks preceding the week of the funeral will be paid what he would have earned had he been working for the Company, not to exceed three (3) days. [...]

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ARTICLE 21: HOLIDAYS

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

  1. September 16
  2. Thanksgiving Day
  3. Rufino Contreras Day
  4. Labor Day

Holiday pay shall be an amount equal to the number of hours in the worker's normal work day as described in Hours of Work and Overtime, Article 16 paid at his/her regular straight-time hourly rate or average hourly piece rate earnings based on the preceding payroll period.

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

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

D. To be eligible for a paid holiday not worked a worker must be a worker and work at least five days during the two payroll weeks immediately preceding the payroll week in which the holiday falls, and must work the scheduled workdays both immediately before and after the holiday.

If the next scheduled workday after the holiday is more than five calendar days after the holiday, the requirement for work on the scheduled workday after the holiday shall not apply.

E. Rufino Contreras shall be designated as the last Sunday in August of 1980. All workers on Rufino Contreras Day shall [...]

- [23] -

such day.

In the event that the Employer files in bankruptcy, or Chapter 11 proceedings, it will notify the Rufino Contreras Fund of such action and shall list the Rufino Contreras Committee 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.

F. The Union shall indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of action taken by the Company for the purpose of compliance with this Section "A" as it pertains to Rufino Contreras Day. Holiday pay shall be the daily average pay earned during the payroll week immediately preceding the holiday.

- [24] -

ARTICLE 22: JURY DUTY

Workers who have worked at least five (5) days during the two weeks preceding the week in which the following events occur shall receive the benefit of this section. A worker will be paid jury duty in any legal proceeding not between the parties for any days of work missed due to the performance of such service. Jury duty is defined as the difference between the fees received by such worker for performing such service and what he would have received had he been working for the Company for each day of service. To receive pay under this Article the worker must provide Company with a copy or notice summoning him to appear and if so requested, documentary evidence of the amount of fees received for performing such service.

ARTICLE 23: RECORDS AND PAY PERIODS

A. Company shall keep full and accurate records, including total hours worked, piece rate or incentive rate records, total wages and total deductions. Workers shall be furnished a copy of the itemized deductions, hourly rates, hours worked and total wages each payday and shall be furnished their piece-rate production records. Company shall furnish upon request daily records for each crew involved in piece-rate production.

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

ARTICLE 24: INCOME TAX WITHHOLDING

The Company shall deduct Federal and State income tax in accordance with standard practices with scheduled deductions, but only for workers agreeing in writing to such withholding. Such agreement shall be binding upon the worker during his employment with the Company for the balance of the calendar year and each calendar year thereafter, subject to his written revocation of his agreement prior to the start of each new calendar year.

ARTICLE 25: CREDIT UNION WITHHOLDING

Upon proper written authorization from a worker to the Company, deductions, as provided for in such authorization, shall be made by the Company for the Farm Workers Credit Union, and such money and reports shall be forwarded on a monthly basis to that organization at P.O. Box 62, Keene, California 93531, or such other address as designated by the administrator of the fund.

- [25] -

ARTICLE 26. ROBERT F. KENNEDY FARMWORKERS MEDICAL PLAN

A. The Company shall, commencing as of July 1, 1980, contribute to the Robert F. Kennedy Farmworkers Medical Plan twenty-two (.22) cents per hour; commencing July 1, 1981, contribute twenty-nine cents (.29) per hour for each hour worked for all workers covered by this Agreement. In the event the cost of providing Plan benefits in effect or approved as of May 1, 1977, or approved thereafter by the Board of Trustees of the Plan, shall exceed total hourly contributions and investment income received by the plan within a given time period, the Company shall increase its hourly contributions to the Plan. Said cost shall include both benefits payments and administrative expenses connected therewith. Where the actuarial consultants to the Board of Trustees of the Plan calculation, and where said cost less said investment income exceeds twenty-two (.22) cents per hour, the Company shall increase its hourly contributions upon notice from the Plan to the amount said cost less said investment income exceeds twenty-two (.22) cents per hour, rounded up to the nearest one-half cent.

Contributions due shall be deposited with such bank as designated by the Administrator of the Plan. Said deposits shall be made or mailed not later than the twentieth day of the month (thirtieth day for the first three months after the date of execution of this Agreement) following the ending date of the previous month's payroll period. A summary report in accordance with Article 29 shall be remitted to the Plan at such address as designated by the Administrator of the Plan.

- [26] -

ARTICLE 27: JUAN DE LA CRUZ FARM WORKERS PENSION FUND

The Company shall, commencing with the effective date of this agreement contribute to the Juan De La Cruz Farmworkers Pension Fund Eighteen cents (18) per hour each and every hour worked by each and every worker covered by this agreement.

In accordance with article 29, the monies and a summary report shall be remitted to the Fund at such address as designated by the administrator of the Fund.

In the event that the Employer files in Bankruptcy, or chapter 11 proceedings, it will notify the Fund of such action and shall list the Fund 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.

The place of performance for the Company's obligation with respect to the Juan De La Cruz Farmworkers Pension Fund shall be the city and County of San Francisco, California.

- [27] -

ARTICLE 28. MARTIN LUTHER KING FUND

The Company acknowledges the existence of the Martin Luther King Fund and its responsibility to make contributions thereto as provided in this Article 28. Commencing as of the effective date of this agreement, and continuing for the duration of the contract, the Company shall contribute to the Martin Luther King Fund for each hour worked by all workers covered by this Agreement, six (6) cents per hour. Expenditures or investments of contributions shall be solely restricted to those charitable and educational purposes for which federal tax exempt status has been granted to the Fund. The contributions shall not be expended to the detriment of the Company. The Martin Luther King Fund shall obtain and maintain federal tax exemption and all contributions by the Company shall be deductible under the Internal Revenue Code.

In accordance with Article 29, the monies and a summary report shall be remitted to the Fund at such address as designated by the Administrator of the Fund.

- [28] -

ARTICLE 29: REPORTING ON PAYROLL DEDUCTIONS AND FRINGE BENEFITS

All contributions due hereunder on fringe benefit plans shall be computed on the preceding monthly payroll period for every worker covered by this Agreement. In conjunction therewith, a monthly summary report will be submitted on or before the twentieth (20th) of every month (thirtieth day for the first three months after the date of execution of this Agreement) 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.

ARTICLE 30: BULLETIN BOARDS

The Company will provide one bulletin board placed at a central location in each area of major operations upon which the Union way post notices of Union business.

ARTICLE 31: SUBCONTRACTING

The parties understand and agree that the hazards of agriculture are such that subcontracting may be necessary and proper. Subcontracting may be necessary in areas such as land leveling, custom land work, precision planting, agricultural chemicals and where specialized equipment not owned by the Company is required.

The parties agree that in the application of this Article the following guidelines may be used:

  1. Subcontracting is permissible under this Agreement where workers in the bargaining unit covered by this Agreement do not have the skills to operate and maintain the equipment or perform the work of a specialized nature.
  2. Subcontracting is permissible under this Agreement where the Company does not have the equipment to do the work being subcontracted. When a Company does subcontract pursuant to the terms of this provision, any workers of the subcontractor who actually operate or maintain the equipment shall not be covered by the terms of this Agreement. However, any workers of the subcontractor, other than those who actually operate or maintain the equipment, who work on the subcontracted job shall be covered by the terms of this Agreement.
  3. No subcontracting shall be done where the intent of the Company is to deprive workers in the bargaining unit from performing work.
  4. Company shall notify the Union in advance of any subcontracting.

- [29] -

ARTICLE 32: LOCATION OF COMPANY OPERATIONS

The Company shall provide the Union, upon request, the exact locations of the Company's agricultural operations for use by Union representatives pursuant to Article 7 of this Agreement, Right of Access to Company Property.

ARTICLE 33: MAINTENANCE OF STANDARDS

Company agrees that all conditions of employment for workers relating to wages, hours of work and general working conditions shall be maintained at no less than the highest standards in effect during 1977. Conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement.

The Union and the Company agree that during the negotiations which resulted in this Agreement they have fully negotiated and agree to the terms of the Company's contributions to the Robert F. Kennedy's Farm Workers Medical Plan, that said terms of contributions as set forth herein sets forth the Company's total obligation in respect to medical plans and that therefore the obligations of this Article 33 do not extend to any medical plan maintained by the Company prior to this Agreement.

ARTICLE 34: MECHANIZATION

In the event the Company anticipates mechanization of any operation of the Company that will permanently displace workers, the Company, before commencing such mechanical operations, 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, and the placing of such workers on a preferential hiring list which the Company and Union will use in conjunction with Article 3, Hiring.

- [30] -

ARTICLE 35: NEW OR CHANGED OPERATIONS

In the event a new or changed operation or new or changed classification is installed by the Company, the Company shall set the wage or piece rate in relation to the classification and rates of pay in Appendix A and shall notify the Union before such rate is put into effect. Whether or not the Union has agreed to the proposed rate, the Company may put the rate into effect after such notice. In the event such rate cannot be agreed upon mutually between the Union and the Company, the same shall be submitted to the grievance procedure including arbitration for determination beginning at the Second Step. Any rate agreed upon or as determined by the arbitrator shall be effective from the installation of such new or changed operation.

ARTICLE 36: 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 37: SAVINGS CLAUSE

In the event any portion of this Agreement shall become ineffective as the result of any applicable local, state or federal law, only that portion of this Agreement so affected shall be ineffective; in no event shall the fact that a portion of this Agreement be not applicable or illegal in accordance with such laws render the remainder of this Agreement ineffective or work a termination.

ARTICLE 38: SUCCESSOR CLAUSE

A. This Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns. Successors and assigns for the purpose of this Article applies to a sale or other transfer of the business and ownership of the Company.

B. Effective as of said sale or transfer, Company shall be relieved of all further responsibility or liability under this Agreement, and such buyer or transferee shall thereupon be liable hereunder.

C. A sale of assets, either in whole or in part, which does not involve continuation of the workers of the Company to operate such sold or transferred business or assets shall not be subject to [...]

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ARTICLE 39: WAIVER

The parties agree that this Agreement, and all other documents executed contemporaneously herewith, constitute the entire agreement between them governing wages, hours and conditions of employment of the workers covered hereby, during the term thereof, and settles all demands and issues on all matters subject to collective bargaining. The Union is not relying upon any negotiations, representations or promises other than as specifically set forth herein. Accordingly, Union and Company expressly waive the right during the term of this Agreement to demand negotiations upon any subject matter, except as provided in Article 35, whether or not such subject matter has or has not been raised or discussed by either party during the negotiations leading up to the execution of this Agreement.

ARTICLE 40: GENERAL

A. Captions in this Agreement are inserted for convenience only and do not define, describe or limit the scope or the intent of this Agreement or any of the terms thereof.

B. When used in this Agreement and whenever the context so requires the masculine gender shall include the feminine or neuter genders, the singular number shall include the plural, and vice versa.

C. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

- [32] -

ARTICLE 41. COST OF LIVING ALLOWANCE

A. Cost-of-Living Allowance shall apply to all workers herein covered under this Agreement.

This Cost-of-Living adjustments herein provided shall be based on the Consumer Price Index-United States City average for Urban Wage Earners and Clerical Workers (1967=100), published by the Bureau of Labor Statistics hereinafter referred to as the CPI.

B. For each six (.06) tenths of a point by which the Index for January of 1981 exceeds the index for January of 1980, wages shall be increased by adding .01 to the job base rate up to a maximum of fifteen (.15) cents of any worker's base wage as of April 17, 1981. Any such wage adjustment made as a result of an increase in the Index shall become effective on April 17, 1981.

C. Such COLA adjustment shall be added into the current rate of pay paid for all hours, wages and related benefits for which workers receive pay from the Company, such as overtime, vacations and holidays, etc.

D. If the CPI falls below the Base set forth in this Article there shall be no Cost-of-Living adjustment.

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E. No adjustment, retroactive or otherwise, shall be made in pay or benefits as a result of any revision which later may be made in the published figures for the CPI for any month on the basis of which the cost-of-living calculation has been determined.

F. The cost-of-living allowances are dependent upon the availability of the Bureau of Labor Statistics' CPI in its present form and calculated on the same basis as the CPI. In the event the Bureau of Labor Statistics changes the form or the basis of calculating the CPI, the Company and the Union agree to request the Bureau to make available, for the life of this Agreement, a CPI in its present form and calculated on the basis as the Index for December, 1978 (1967=100).

- [34] -

INJURY ON THE JOB : ARTICLE 42

Whenever a worker is injured on the job to the extent that medical attention is required, the Company agrees to pay such workers full day's wages for the balance of the day of the injury.

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ARTICLE 43: DURATION OF AGREEMENT

This agreement shall be in full force and effect from July 1, 1980, to and including April 6, 1982. 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 days prior to the expiration, requesting negotiations for a new agreement. During this sixty day period all terms and conditions of this agreement shall remain in full force and effect.

Executed on August 4, 1980

COMPANY
SEA BREEZE FARMS
UNITED FARM WORKERS OF AMERICA
By: ____________________ By: ____________________
By: ____________________ _______________________
_______________________
_______________________
_______________________
_______________________
_______________________

- [1] -

APPENDIX "A"
WAGES

HOURLY RATES

CLASSIFICATIONS Effective
July 1, 1980
thru April 6, 1981
Effective
April 7, 1981
thru April 6, 1982
GENERAL LABOR $4.05 $4.35
IRRIGATOR-DAYTIME 4.14 4.44
IRRIGATOR-NIGHTTIME 5.14 5.44
LOADER 4.15 4.45
PACKER 4.25 4.55
TRUCK DRIVER (FIELD) 4.20 4.50
TRUCK DRIVER (ROAD) 4.39 4.69
TRAILER PULLER 4.20 4.50
TRACTOR DRIVER "B" 4.39 4.69
TRACTOR DRIVER "A" 4.83 5.13
ASSISTANT MECHANIC 4.30 4.60
MECHANIC 10.00 10.30

DAILY RATES [Effective
July 1, 1980
thru April 6, 1981]
[Effective
April 7, 1981
thru April 6, 1982]
CHECKER (with piece rate crew) $38.60 $36.00
DUMPER (with piece rate crew) 33.40 41.70

PIECE RATES [Effective
July 1, 1980
thru April 6, 1981]
[Effective
April 7, 1981
thru April 6, 1982]
BUSH BEANS ( per pound) .15 .16

- [2] -

LETTER OF UNDERSTANDING

It is hereby agreed between the United Farm Workers of America AFL-CIO and Sea Breeze Farms that:

In the event of financial emergency, and in that event only, Sea Breeze Farms may employ David Patterson, Danny Marshall, Mat Marshall and teach to do all necessary work and carry cut all necessary operations to alleviate the financial emergency.

Executed as of this 4 day of August, 1980

COMPANY: SEA BREEZE FARMS UNITED FARM WORKERS OF AMERICA AFL-CIO
By: ____________________ By: ____________________
_______________________ _______________________
_______________________
_______________________
_______________________
_______________________
_______________________

- [3] -

[NOTICE OF RECALL]

TO: ____________________ DATE: ____________________
________________________ WORKER SS #: ____________
SENIORITY DATE: _________

NOTICE OF RECALL

In accordance with the provisions of Article 4 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. 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 in your loss of seniority under Article 4, Section B-3.

ASSISTANT MECHANIC

The Assistant Mechanic will make minor repairs to and be responsible for the general maintenance of all Company vehicles and other equipment, and will perform such tasks as he may be instructed to do by the Supervising Mechanic or Foreman.

It should be noted that from time to time the Assistant Mechanic may be moved to general field and harvest work, and would be expected to work in the substituted classification as and when required.

PACKER - BEANS AND OTHER CROPS

Bean Packer will pack beans according to maturity, and will remove rotten beans or beans of unacceptable quality. Bean Packer will pack beans in a bushel and box (34 gross pounds of beans per box). Beans will be placed in box in an orderly fashion. Bean Packer will procure his own box, and when box is filled, will put his designated packer number on the box and bring the box to the checker to weigh, and then set box, on the ground at designated place.

The bean packers will also be utilized as the packers for other crops as required.

It should be noted that from time to time Bean Packers may be moved to general field and harvest work, and would be expected to work in

- [4] -

the substituted Classification as and when required.

FIELD LOADER

Field Loader will load and unload full and empty boxes being picked in individual field boxes onto a truck or other vehicle supplied by Company and the loading and unloading must be onto the bed of the truck or other vehicle used. Field loaders work with crews being paid on an hourly basis.

It should be noted that from time to time Field Loaders may be moved to general field and harvest work, and would be expected to work in the substituted classification as and when required.

IRRIGATORS

The Irrigators must have knowledge of, be capable of, and have as their primary job responsibility, the following functions:

  1. Setting sprinkler pipe.
  2. Setting gated pipe.
  3. Setting up tubing and maintenance of drip system.
  4. Running water for sprinklers, drip and furrow irrigation with minimum supervision.
  5. Applying liquid fertilizer in the irrigation system.
  6. Driving small truck or tractor for moving of pipe.
  7. Marking fields for contour farming.
  8. Using shovel, hoe or dikes for controlling spread of water in furrow irrigation.

It should be noted for this classification that some Irrigators are also Tractor Drivers or Truck Drivers-Field, or both, and in other cases would be moved to general field work as and when needed, and Irrigators would be expected to work in the substituted classifications as and when required.

The Irrigator must be available for overtime, weekend and holiday work.

MECHANIC

Responsible for general maintenance and repair of all Company vehicles and equipment other than packing shed machinery and overhauls on diesel engines.

Duties include:

Mechanic must own and supply his own tools, and be able to fabricate needed new equipment. Mechanic shall be responsible for all company-owned shop tools, and must be available as requested for overtime, holiday and weekend work.

TRACTOR DRIVER A

The Tractor Driver A should have knowledge of and be fully capable of operating and some setting up under guidance the following equipment:

  1. Cultivator tractors.
  2. Spray equipment.
  3. Fertilizer tractors.
  4. Water truck.
  5. Road and field trucks.
  6. Hand tools for minor repairs.
  7. Fork lifts.
  8. Bean harvestors.
  9. Grain harvestors.
  10. Harvest tractors.
  11. Ground work tractor.

The Tractor Driver A should also be responsible for additional tasks and duties as follows:

  1. Set up cultivator tools.
  2. Light maintenance of tractors.
  3. Report of mechanical problems.
  4. Changing widths of tractors.

Different drivers in this category are able to perform certain functions as listed above, but not all, and some are better qualified than others to perform certain functions.

It should also be noted for this classification that as and when needed, Tractor Drivers A would be moved to general field work, and Tractor Drivers A would be expected to work in the substituted classification as and when required.

- [6] -

[...] of operating the following equipment:

  1. Cultivator tractors.
  2. Spray equipment.
  3. Fertilizer tractors.
  4. Water truck.
  5. Road and field trucks.
  6. Hand tools for minor repairs.
  7. Fork lifts.
  8. Bean harvestors.
  9. Grain harvestors.
  10. Harvest tractors.
  11. Ground work tractor.

The Tractor Driver B should also be responsible for additional tasks and duties as follows:

  1. Set up cultivator tools.
  2. Light maintenance of tractors.
  3. Report of mechanical problems.

Different drivers in this category are able to perform certain functions as listed above, but not all, and some are better qualified than others to perform certain functions.

It should also be noted for this classification that as and when needed, Tractor Drivers B would be expected to work in the substituted classification as and when required.

TRAILER PULLER

Drives tractor during harvest season pulling trailers, and on other occasions pulling irrigation pipes or other equipment.

TRUCK DRIVER-FIELD

The Truck Driver-Field should have knowledge of and be of operating a 20' flat bed, two axle truck.

The Truck Driver-Field should also be responsible for additional tasks and duties as follows:

  1. Checking fuel, oil and water and reporting any mechanical problems.
  2. Loading and unloading of trucks in field.
  3. Helps in loading and unloading.
  4. When loading is responsible for tying of load securely for highway travel.

- [7] -

Drivers-Field are also Tractor Drivers, and in other cases would be moved to general field work as and when needed, and Truck Drivers-Field would be expected to work in the substituted classification as and when required.

TRUCK DRIVER-ROAD

The Truck Driver-Road shall be required to have a valid California Driver's License.

The Truck Driver-Road should have knowledge of and be fully capable of operating a 20' flat bed, two axle truck.

The Truck Driver-Road should also be responsible for additional tasks and duties as follows:

  1. Checking fuel, oil and tires.
  2. Must report any mechanical problem.
  3. Help in loading and unloading at ranch and at packing shed.
  4. Must check load for security of tie before transporting, and make load secure as necessary.

It should be noted for this classification that most truck Drivers-Road are also Tractor Drivers, and in other cases would be moved to general field work as and when needed, and Truck Drivers-Road would be expected to work in the substituted classification as and when required.

CHECKER

The Checker's responsibility is to see that the pickers' containers are properly filled and to accurately record the number of containers each picker picks. If a container is not properly filled the checker shall reject it until it is properly filled. The record of containers is maintained on the numbered perforated card issued each picker at the beginning of each day. The count on the card is kept by the checker making a punch, for each container, with a ticket puncher. At work day's end, the checker collects the cards giving the picker his record and giving the other half to the Company supervisor. Each checker has a reasonable number of people to check for, depending on crew size and crop, so as to avoid undue waiting by workers.

DUMPERS

[...]

- [8] -

[...]

Compensation will be paid on an individual basis per 100 feet. Each worker shall be paid $1.85 per every 100 feet. Each plant shall be planted 14 inches apart from one another.

It should be noted that strawberry planters may be moved from time to time to General field and harvest work, and would be expected to work in the substituted classification as and when required.

BUSH BEAN PICKER

Each Bush Bean Picker will be paid on an individual basis, per pound picked.

Picker will pick according to maturity from bust and remove rotten beans or beans of an unacceptable quality. Picker will pick in plastic buckets supplied by the Company. Each bucket will be filled with 30 pounds of beans. Picker will then bring his bucket and place it on a scale. The checker will check the weight and punch the picker's card. The record of picking will be a folded perforated card with similar numbers aligned on each side. Each time the picker places the bucket on the scale the checker will check the weight and punch the picker's card, giving a continuous count of the picker's work. At the end of the day, half of the card showing total buckets will be removed and sent to the Payroll Department. The picker will retain the other half as evidence of his work performed that day.

It should be noted that from time to time Bush Bean Pickers may be moved to general field and harvest work, and would be expected to work in the substituted classification as and when required.

BUSH TOMATO PICKER

Picker will pick in boxes (holding 35 pounds of tomatoes). Picker will be paid on the basis of fully filling thirty-five (35) pound boxes. Picker will pick tomatoes according to size and maturity from the vines and remove the stems. Overripe, rotten, scarred or misshapen tomatoes will be discarded. Tomato vines will be replaced in previous position to protect the remaining tomatoes for subsequent picking. Each picker has the choice of carrying one or two boxes at a time.

After picking and dumping boxes, picker must go to checker stationed on his side of the trailer to have his box count recorded. The record of picking is a folded perforated card with similar numbers aligned on either side. Each time the pickers gives the dumper his [...]

- [9] -

picker retains the other half as evidence of his work performed that day.

It should be noted that from time to time Bush Tomato Pickers may be moved to general field and harvest work, and would be expected to work in the substituted classification as and when required.

CAULIFLOWER TYING

Compensation will be paid on an individual basis per 100 feet of row.

Tier closes leaves over head and bands with color coded rubber bands provided by the Company. Selection of head is by size, skipping substandard as instructed by Company.

It should be noted that from time to time Cauliflower Tiers may be moved to general field and harvest work, and would be expected to work in the substituted classification as and when required.

CHILI PEPPERS

Each worker is paid individually per bucket, on a piece-rate basis.

Picker will pick into an acceptable chili bucket supplied by the Company, the same size as those used by TMY Farms, in accordance with the procedure outlined below.

Each bucket will be filled loosely to the level of the rim. The picker will strip the plant of all mature chili. The picker will carry the filled buckets and hand them to the dumper who will empty the buckets. The picker must go to the checker and have his count recorded. The record of picking is a folded perforated card with similar numbers aligned on either side. Each time the picker gives the dumper his bucket(s), the folded card is punched, giving a continuous count of the picker's work. At the end of the day, half of the card showing total buckets is removed and sent to the Payroll Department. The picker retains the other half as evidence of his work performed that day.

It should be noted that from time to time Chili Pepper Pickers may be moved to general field and harvest work, and would be expected to work in the substituted classification as and when required.



 Creation of electronic edition: Karen Yuan.
© 2007 University of California, Davis.