United Celery Growers Produce Agreement with United Farm Workers of America, AFL-CIO, June 15 1979 through March 30, 1980 : electronic version.
|UNITED CELERY GROWERS PRODUCE AGREEMENT with UNITED FARM WORKERS OF AMERICA A.F.L. - C.I.O. FOR FIELD AND PACKING SHED OXNARD, CA. Effective Dates June 15, 1979 TO AND INCLUDING MARCH 30, 1980|
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(End of Master Agreement)
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This Agreement and Supplemental Agreements attached hereto are between UNITED CELERY GROWERS, hereafter called "the Company" and the United Farm Workers of America, AFL-CIO, hereafter called "the Union." The parties agree as follows:
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 75-RC-78M. 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 and supervisory employees who have the authority to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward or discipline other workers or the responsibility to direct them or adjust their grievances, or effectively recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.
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 collective bargaining Agreement.
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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 representative 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 encourage workers in the bargaining unit to give utmost consideration to supporting and participating in collective bargaining and contract administration functions.
Sec. 1. 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,
- 3 -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.
Sec. 2. 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.
Sec. 3. 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 workers' 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 the 20th day of the month following the ending date of the previous month's pay period 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.
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Sec. 4 The Company will advise new workers that it is a condition of their employment that they must become and thereafter remain members in good standing in the Union immediately following five (5) continual days after the beginning of their employment. The Company shall furnish workers membership applications and dues checkoff authorization forms as provided by the Union.
Sec. 5. 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.
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
- 5 -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 forty-eight (48) 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 possible.
E. When workers are requested of the Union, Union shall use its best efforts to furnish the requested number of 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,
- 6 -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 to meet the job requirements. Discharges shall be subject to the procedures of Article 7 - 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 employer from which they were laid off, that such workers will be given work opportunity by the Company on the same basis as any other non-seniority worker.
A. After a worker has worked for the Company at least fourteen (14) workdays within the preceding ninety (90) calendar days, he shall acquire seniority on the fourteenth (14th) day of work retroactive to his date of hire.
- 7 -Whenever a commodity or crop season is less that twenty-eight (28) calendar days, a worker shall acquire seniority provided he works one-half (½) the number of workdays in the season. It is understood that the days prior to acquiring seniority do not establish nor shall be a probationary period. There shall not be layoffs for the purpose of circumventing acquisition of seniority.
B. Seniority shall be lost for the following reasons only:
C. In layoff of workers for lack of work or at end of the Company's operating season, the worker with the least seniority shall be laid off first, and in recall of workers from layoff, workers with highest seniority shall be recalled in their order of seniority, and the filling of vacancies, new jobs, promotions
- 8 -within the bargaining unit, demotions, 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.
D. Whenever a permanent vacancy occurs in an hourly rated job classification with a rate above the general field and harvesting rate, such vacancy shall be posted on the Company's bulletin board in the area of the vacancy. The posting shall be made at least five (5) days before the vacancy is permanently filled. A copy of the posting will be made available to the Union Ranch Committee. Seniority workers desiring to apply for such position shall sign the posting. Selection and training for those workers applying for the position shall be as set forth in Paragraph C above.
E. The Company, when anticipating the recall of seniority workers, shall notify the worker and the Union, not less than two (2) weeks prior to the estimated starting date of the work and the approximate duration thereof. The Company shall then notify the worker when to report for work, allowing reasonable time to report. All such notice of recall shall be a joint recall bearing the title of the Company and the Union. There shall be no recall by labor contractors. It is understood that the provisions of Article 3 - Hiring, Section 2, apply to the recalled worker.
F. The Company shall notify the Union within five (5) working days of seniority workers 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 or
- 9 -commodity classification and date of recall or layoff. Grievances relating to this paragraph shall be subject to the expedited grievance and arbitration procedure.
G. Beginning with the signing of this Agreement and each three (3) months thereafter, the Company shall provide the Union with an up-to-date seniority list showing the name of each worker, his seniority date, social security number and job or commodity classification. The Company shall also post a seniority list in a conspicuous place for examination by the workers and the Union Ranch Committee. The Union may review the accuracy of the seniority list and present to the Company any errors it may find on such list. Grievances relating to this paragraph shall be subject to the expedited grievance and arbitration procedure.
H. Seniority shall not be applied so as to displace (bump) any worker of the Company within an established crew, commodity or area.
I. It is understood that the Company and the Union may agree in writing to make deviations from these seniority provisions regarding applications of seniority.
In the event the Union and the Company have agreed to a local seniority provision different from Article 4 of the Contract signed herein, the Union and the Company agree to review and revise if agreed upon said local provision, only, one year after the date of signing this Agreement, if either party so requests.
Sec. 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 shall be subject
- 10 -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 disputes arising under this Agreement, and no other remedies shall be utilized by any person with respect to any dispute involving this Agreement until the Grievance Procedure has been exhausted. Any claim by Union that on the job conduct by any non-bargaining unit employee is disrupting working relations may be treated as a grievance provided that such grievance is specified in detail.
Sec. B. The Company agrees to cooperate to make Union stewards available to workers wishing to submit a grievance and to make the Grievance Committee of the Union available to perform their functions under this Agreement.
Sec. C. 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.
Sec. D. FIRST STEP: Any grievance arising under this Agreement shall be immediately taken up between the Company supervisor involved and the Union steward. They shall use their best efforts to resolve the grievance. In the event the grievance is not immediately satisfactorily resolved the grieving party shall reduce the grievance to writing and set forth the nature of the grievance. A grievance regarding a discharge of an employee must be filed in writing within five days of the discharge. All other grievances must be filed in writing within thirty (30) days of the occurrence of the grievance or thirty (30) days of the discovery thereof.
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STEP TWO: Any grievance not resolved in the First Step shall be discussed in a meeting between the Grievance Committee and the Company representative delegated to resolve such matters not later than ten (10) calendar days of the filing of the grievance. 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 reasons for denial. The failure of the grieving party to appeal to the Second Step within thirty (30) calendar days shall waive the grievance. A Union representative may fully participate in the grievance meeting.
STEP THREE: If the foregoing fails to produce settlement the matter shall be referred no the arbitrator for the area within thirty (30) days. The arbitrator shall consider and decide the grievance referred to him. In cases where more than one grievance is referred to arbitration in an area the arbitrator may hold consecutive hearings to expedite hearings. The arbitrator shall not have the authority or jurisdiction to modify, add to, or detract from, or alter any provision of this Agreement. Within that limitation among other things he shall have authority to award back pay for any loss of earnings from the Company including the right to revoke any form of discipline including discharge. He shall also have the authority to apply the Agreement and order compliance by all parties within the terms of the Agreement.
The arbitrator in his discretion may render a bench decision, or may allow briefs, but in any event shall issue a decision in writing to the parties within fifteen (15) days after the date of the close of the hearing sessions.
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The decision of the arbitrator shall be binding on the Company, the Union and the workers.
All expenses and salaries of the arbitrator shall be borne equally by the parties. Each party shall pay the cost of presenting its own case.
SELECTION OF THE ARBITRATOR: The parties will make a good faith effort to agree on a list of arbitrators for each of the areas listed below. In the event they are unable to agree and not later than one week (unless there is mutual agreement to extend this time period) after the execution of this Agreement and each six (6) months thereafter, if requested by either the Company or the Union, a panel of eleven (11) arbitrators shall be requested from either the American Arbitration Association or the Federal Mediation and Conciliation Service. One panel shall be requested for the Salinas area, one panel for the Ventura and Santa Barbara area, and one panel for the Imperial Valley. Upon the request of either party additional lists of arbitrators shall be requested for the other geographical areas.
After receipt of the lists, the parties shall meet to select arbitrators for each area. If the parties cannot agree upon the selection of arbitrators then they shall turn to the lists of arbitrators received under procedures of the above paragraph. The person 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 each area. However, every six months either party may request a new list of arbitrators for any area and require a new meeting as discussed in this paragraph to select a new arbitrator.
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E. Expedited Grievance and Arbitration. The parties agree that the primary purpose of the grievance procedure is to resolve grievances as speedily as possible and to maintain good relations between the Union, the Company, and the workers.
It is recognized that there are times and there are certain issues that may arise herein it is to the best interest of all concerned to have a resolution of the matter more quickly than provided in the above procedure.
Accordingly, it is agreed that grievances specified elsewhere in this Agreement as subject to the expedited Grievance and Arbitration Procedure may at the request of the grieving party and with written notice to the other party be expedited to arbitration.
After such a grievance has been reduced to writing, the grieving party may request and there shall be a Second Step meeting within two work days and the responding party will immediately provide its answer in writing, if denied, setting forth the reasons for denial. The grieving party may then request, with notice to the responding party, that the grievance be referred to the arbitrator within three work days from the written responsive answer. If such a grievance is presented to the arbitrator, it is agreed that it will take precedent, as to investigation, hearing date, and issuance of decision over any other case.
F. The arbitrator may make a field examination in any case he deems it advisable.
G. 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,
- 14 -if possible, or by telephone, and shall immediately attempt to resolve the dispute. This in no way alters the obligation or liability of either party under the collective bargaining agreement.
A. There shall be no strikes, slowdowns, boycotts, interruptions of work by the Union nor shall there be any lockout by the Company.
B. If any of said events occur, the officers and representatives of Union and/or Company, as the case may be, shall do everything within their power to end or avert such activity.
C. Workers covered by this Agreement shall not engage in any strike, slowdown or other interruption of work, which action is not approved by the Union.
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. In the exercise of the foregoing, there shall be no unnecessary interference with the productive activities of the workers.
B. 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.
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.
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No worker shall be 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 C below.
C. The steward or other union representative shall have the right to interview workers in private.
Within forty-eight (48) hours after any discharge for just cause, the union representative will be notified in writing the reasons for such discharge.
D. Individual performance in relation to piece rate, or incentive shall not be conclusive evidence for the purpose of disciplining, however constitute 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.
Discharge and other disciplinary actions are subject to the grievance and arbitration provisions of this agreement.
In accord 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.
A. Company agrees that any worker may refuse to pass through any picket line of another Company and sanctioned by the Union.
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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.
C. The provisions of this Article are not limitations in any way on the rights of the Company as set forth in Article 38, Grower-Shipper Contracts. The provisions of Article 14(e) Health and Safety, also apply.
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. Ten (10) days notice must be given the Company before the worker takes leave to accept such office or position or chooses to return to workers. Such leave of absence shall be without pay. Seniority shall not be ended or suspended by reason of such leave.
B. A temporary leave of absence without pay not to exceed three (3) days for Union business shall be granted under the following conditions:
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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.
All leaves in excess of three (3) days shall be in writing on approved leave of absence forms provided by the Company. Such forms shall be signed by the Company
- 18 -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.
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 seniority in accordance with Article 4 - Seniority.
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Company agrees that all conditions of employment for workers relating to wages, hours of work and general work conditions shall be maintained at no less than the highest standards in effect as of this date of this Agreement. 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 RFK Farmworkers Medical Plan and the Juan De La Cruz Farmworkers Pension Plan, that said terms of contribution as set forth herein sets forth the Company's total obligation in respect to medical and pension plans and that therefore the obligations of Article 12 do not extend to any medical, and pension plan maintained by the Company prior to this Agreement.
Supervisors and other employees not included in the bargaining unit, shall not perform any work covered by this Agreement, except for instruction, training and emergencies. This paragraph shall not be used as a basis for the purpose of avoiding the recall of bargaining unit workers from work they would normally perform.
Section A. The Company and Union are interested in the health and safety of employees while working with the Company. It is understood and agreed that it is necessary in the sophis-
- 20 -ticated farming practices of today that certain agricultural chemicals must be used for the control of pests and growth of the product, Company recognizes that use of certain chemicals may be injurious to farm workers. The use of such chemical injurious to farm workers must be such so as not to cause injury to employees. Company agrees to make available to Union such records as will disclose the following:
Section B. The Company will comply with all applicable laws relating to the health and safety of farm workers and will not use banned chemicals such as, but not limited to DDT, DDE, Aldrin and Dieldrin.
Section C. No worker shall be required to work in any work situation which would immediately endanger his health or safety.
Section 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.
Section E. Each place where there is work being performed shall be provided with suitable, cool, potable drinking water convenient to workers. Individual paper drinking cups shall be provided.
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Section F. Tools and equipment and protective garments necessary to perform the work and/or to safeguard the health of or to prevent injury to a worker's person shall be provided, maintained and paid for by the Company. Workers shall be responsible for returning all such equipment that was checked out to them, but shall not be responsible for breakage or normal wear and tear. Workers shall be charged actual cost for equipment that is not broken and not returned. Receipts for returned equipment shall be given to the worker by the Company.
Section G. Adequate first aid supplies shall be provided and kept in clean and sanitary dust-proof containers.
Section H. When a worker who applies agricultural chemicals is on the Company payroll, one baseline cholinesterase test and other additional tests shall be taken on those workers so employed at Company's expense when organo-phosphates are used and, if requested, results of said test(s) shall be given to an authorized Union representative.
Section I. Any violation of this Article shall he subject to the expedited grievance and arbitration procedure.
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, the training of such workers for other jobs with the Company, or the placing of such workers on a preferential hiring list which the Company and Union will use in conjunction with Article 3, Hiring.
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The Company retains all rights of management including the following, unless they are limited by some other provision of this Agreement: to decide the nature of equipment, machinery, methods or processes used; to introduce new equipment, machinery, methods or processes, and to change or discontinue existing equipment, machinery or processes; to determine the products to be produced, or the conduct of its business; to direct and supervise all of the employees, including the right to assign and transfer employees; to determine when overtime shall be worked and whether to require overtime.
The parties recognize the value and importance of the Union label. The parties wish to insure that the public will not be defrauded by a misuse of the Union label. Therefore, the parties agree as follows:
- 23 -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.
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 determining 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.
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A. Overtime. The following overtime provisions shall apply to all hourly workers except to irrigators or to irrigator subforemen.
Daily Overtime. A premium of 35 cents per hour shall be paid for all hours worked in excess of eight (8) hours in any one day.
Sunday Overtime. On Sunday, or any other day agreed upon between the Company and the Union to be treated as Sunday, workers shall receive time and one-half their regular rate of pay for all hours worked on such day.
Saturday Overtime. On Saturday, or any other day agreed upon between the Company and the Union to be treated as Saturday, workers shall receive a premium of 35 cents per hour for all hours worked in excess of five (5) hours on such day.
B. Night Shift Premium. Night shift shall apply for Tractor Operators Class A and Class B who work a majority of their shift between the hours of 6:00 p.m. to 6:00 a.m. for which night shift, the worker shall be paid a premium of 25 cents per hour for all hours worked.
C. There shall be no pyramiding of overtime or night shift premium.
D. Meal time breaks shall be one-half (½) hour and are not compensated for nor counted as hours worked under the provisions of this Agreement.
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E. The Company agrees not to require piece rate iceberg lettuce crews, except for loaders to work more than eight (8) work hours in any given day except in emergencies. It shall not be a violation of this Agreement for crews to work more than eight (8) hours.
F. 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.
G. When a worker is working as a trainee for qualification for a higher job, he shall be paid for such training period at his regular rate of pay for a time period not to exceed twenty-eight (28) continuous calendar days.
H. Wage rates for specified job classifications are set forth in Appendix "A" attached hereto.
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 earning based on the preceding payroll week.
If workers commence work and they are furnished less than four (4) hours of work, hourly paid workers shall be paid at least four hours that day at their hourly rate of pay, and piece rate workers shall be paid the piece rate earned during the time worked and general field harvesting hourly rate for the remaining time up to four hours that day.
This section shall not apply where work covered by this Agreement is delayed or cannot be carried out because of rain,
- 26 -frost, government condemnation of crop, or other causes beyond the control of the Company.
B. A worker shall be paid for all time he is required to remain on the job at the hourly rate. This shall not apply to piece rate workers, after they commence work.
C. Any call may be rescinded by notification to employees at least six (6) hour's prior to the time scheduled for reporting to work.
Workers shall have paid rest periods of ten (10) minutes each, which insofar as practical, shall be in the middle of each continuous four-(4) hour work period or major fraction thereof.
Vacation pay shall be granted to eligible workers who qualify for such vacations. Workers shall be eligible in the calendar year following the first anniversary of continuous employment and annually thereafter for vacation pay and a one week vacation, provided that, in order to qualify for vacation pay the worker shall work the hours set forth below in the prior calendar year. Vacation pay will be the percentage specified below of the workers' gross Company earnings in the qualifying calendar year.
The employee who has qualified for a vacation shall be allowed time off, with the consent of the Company, as specified herein with no loss of seniority.
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A worker who has maintained his seniority for four (4) or more consecutive years shall receive double the above vacation benefits.
To make funeral arrangements and to attend the funeral of a member of the immediate family (father, mother, child, brother, sister, husband or wife, mother-in-law, or father-in-law), the worker who has worked for the Company at least five (5) days, including days off on excused absences, during the two (2) weeks preceding the week of the funeral will be paid what he would have earned had he been working for the Company, not to exceed three (3) days. The Company may require a death certificate or other evidence of death.
A. Commencing with the effective date of this Contract, Christmas Day, Thanksgiving Day, and Labor Day shall be paid Holidays.
In 1977, New Years Day shall be added as a paid holiday.
Holiday pay shall be the daily average pay earned during the payroll week immediately preceding the holiday.
B. To be eligible for a paid holiday not worked a worker must be a worker and work at least five (5) days during the two (2) payroll weeks immediately preceding the payroll week in which the holiday falls, and must work the scheduled workdays both immediately before and after the holiday.
If the next scheduled workday after the holiday is more than five (5) calendar days after the holiday, the requirement for work on the scheduled workday after the holiday shall not apply.
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C. Any work performed on the above listed holidays shall be paid for at the rate of one and one-half (1 ½) times the regular rate of pay and shall be in addition to the worker's regular earnings on that day.
D. "Citizenship Participation Day" shall be designated as the first Sunday of June. All workers qualifying under "B" above shall receive holiday pay as provided herein.
Upon receipt of proper written authorization from the worker, the Company shall deduct from such workers wages the pay received for Citizenship Participation Day and shall remit such sum to the Citizenship Participation Committee of the United Farm Workers, AFL-CIO, for allocation as designated by the worker.
E. 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 "D" above provided however that each party will day their respective legal costs.
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 or witness pay for testifying in any legal proceeding not between the parties for any clays of work missed due to the performance of such service. Jury duty or witness pay 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
- 29 -receive pay under this provision, the worker must provide Company with a copy or notice summoning him to appear arid if so requested, documentary evidence of the amount of fees received for performing such service.
A. When Company furnished transportation is available, workers using such transportation shall receive daily travel allowance based upon the following schedule from the place designated where the worker is told to report for the transportation and the job site:
B. When Company furnished transportation is not available and workers furnish their own transportation, they shall receive daily travel allowance as provided above.
C. The travel allowance shall be paid at the worker's hourly or standby rate of pay. Any hours paid under this Article shall not be counted as hours worked for purposes of computing overtime hours, however shall be counted as hours worked for all other purposes of this Agreement.
D. Travel allowance will be paid for the trip: Salinas to King City - ½ hour each way.
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
- 30 -total wages each payday which shall include the worker piece rate production records. The daily record of piece rate production for crews paid on a crew basis shall be given to the appropriate steward, upon request.
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.
The Company shall deduct Federal and State income tax in accordance with standard practices with scheduled deductions for workers agreeing in writing to such withholding. Such agreement shall be binding upon the worker during his employment with the Company for the balance of the calendar year and each calendar year thereafter, subject to his written revocation of his agreement prior to the start of each new calendar year.
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 Post Office Box 62, Keene, California 93531, or such other address as designated by the administrator of the fund.
A. The Company shall, commencing February 1, 1976, contribute to the Robert F. Kennedy Farmworkers Medical Plan, 16 ½ cents per hour for each hour worked for all workers covered by this Agreement. Contributions due shall be computed on the basis of 16 and ½ cents for every hour worked during the preceding, monthly payroll period for every worker covered by the Agreement. Contributions due shall
- 31 -[...]of the Plan. Said deposits shall be made of mailed not later than the 20th day of the month following the ending date of the previous month's payroll period. A summary report in accordance with Article 33 shall be remitted to Robert F. Kennedy Farmworkers Medical Plan, Post Office Box 92169, Los Angeles, California 90009, or such other address as designated by the Administrator of the Fund.
The Company will pay premiums and assure that where workers were covered by any other plan, there will be no lapse of coverage prior to February 1, 1976.
The Company shall contribute to the Juan De La Cruz Farmworkers Pension Fund ten cents (10 cents) per hour for each hour worked by all workers covered by this Agreement, commencing February 1, 1976. For all hours worked by such workers after February 1, 1978, the amount of such contributions shall be fifteen cents (15 cents) per hour.
The contributions to be made by Company pursuant to this Article 31 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 of 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 actions required to be performed by it in order to cause such impounded contributions to be transmitted to the plan trustees.
In accordance with Article 33, the monies and a summary report shall be remitted to the Fund at such address as designated by the Administrator of the Fund.
- 32 -
The Company shall, during the term of this Agreement, contribute to the Martin Luther King Fund five cents (5¢) per hour for each hour worked by all workers covered by this Agreement, commencing February 1, 1976. Expenditures or investments of contributing 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 33, the moneys and a summary report shall be remitted to the fund at such address as designated by the Administrator of the Fund.
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.
A. Assignment of available camp housing shall be on a Company-wide seniority basis. The Company agrees to maintain
- 33 -records on housing assignments and make such records available to the Union. There shall be no discrimination of assignment because of a worker's race, age, creed, color, religion, sex, political belief, national origin, language spoken, or union activity.
B. During the life of this Agreement, Company shall operate and maintain its camp housing in the same manner as before the execution of this Agreement. If the Company acquires additional housing, the rates to be charged shall be on a level not greater than current rates in the area for similar housing.
C. If any housing is condemned by any government authority, the Company shall not be required to furnish substitute housing. Nothing in this Article shall be construed as requiring the Company to supply or continue to supply housing for workers.
D. Camp boarding shall be operated on a non-profit basis.
The Company will provide bulletin boards placed at such central locations as shall be mutually agreed, upon which the Union may post notices of union business.
Company 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 Company and Union that they will cooperate to encourage direct governmental action at the Federal, State and County levels to plan, finance and construct public housing in important agricultural locations.
- 34 -
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. It is also understood and agreed that the Company shall not subcontract to the detriment of the Union or bargaining unit workers.
The parties agree that in the application of this Article the following guidelines may be used:
A. 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.
B. 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.
C. The Company will notify the Union in advance off any subcontracting.
- 35 -
It is recognized by Company and Union that various types of legal entities are used by growers and shippers in the agricultural industry, including partnership, joint venture, and other legal contractual arrangements, in the growing, packing, harvesting and selling of agricultural crops. Neither the Company nor the Union shall prevent the Company from entering into these legal arrangements by any of the provisions of this Agreement, nor will the Company subvert the Union by entering into these legal arrangements. In addition, and whenever it is possible for the Company to perform the work of weeding, thinning or hoeing, the Company will do so, it being the intent to provide, jobs for bargaining unit workers.
In the event the Company enters into a partnership, joint venture, or other legal contractual relationship with a grower and/or shipper for the growing, packing, harvesting or selling of a crop, Union agrees not to interfere with or prevent in any manner the growing, packing, harvesting or selling of any of the crops in which Company may have such an interest; provided such partnership, joint venture or other legal contractual relationship was entered into by Company prior to any economic action by Union against any other party to the partnership, joint venture, or other legal contractual relationship, and it is understood the filing of a petition under the Agricultural Labor Relations Act does not constitute interference under this paragraph.
- 36 -
The protections given by Union to Company under the provisions of this Article shall not be operative for a period in excess of the crop year or twelve (12) months, whichever is less, or in the event there are economic or other sanctions by the Union against any party to the partnership, joint venture or other legal contractual relationship at the time of entry thereof.
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.
No provision or term of this Agreement may be amended, modified, changed, altered or waived except by written document executed by the parties hereto.
Section 1. 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.
- 37 -
This Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns. Successors and assigns for the purpose of this Article applies to a sale or other transfer of the business and ownership of the Company. A sale of assets, either in whole or in part, which does not involve continuation of the workers of the Company to operate such sold or transferred business or assets shall not be subject to the provisions of this Article.
By this Article, the parties seek to define contractual rights and do not waive any statutory rights.
This Agreement shall be in full force and effect from July 16, 1979 to and including March 30, 1980. This Agreement shall automatically renew itself upon expiration of this Agreement unless either of the parties shall have given notice in writing to the other party sixty (60) days prior to the expiration, requesting negotiations for a new Agreement, together with thirty (30) days prior written notice to the State Conciliation Service. During this sixty (61) day period all terms and conditions of this contract shall remain in full force and effect.
-  -
Works as leadman with irrigation crew. Assigns specific tasks to workers and assists in training new workers. May drive company pickup truck in pulling pipe trailers. When requested, he records workers' time.
Performs manual work normally performed by irrigation workers. May be required to substitute for supervising foreman when he is not available.
Reports to supervising foreman for hiring, firing and discipline.
Assigns specific tasks to tractor drivers, assisting drivers in setting up equipment and making necessary adjustments. Trains and instructs workers in driving tractors. Responsible to assure that work is performed in a manner so that established quality control objectives are achieved. When requested, he records worker's time. May drive Company pick-up truck in performance of his work. Performs tractor work normally performed by workers and may be required to substitute for supervising foreman when he is not available. Reports to a supervising foreman for hiring, firing or discipline.
Precision planting, precision application of agricultural chemicals, precision boarder driving, motor grading in building roads and building ditches, and/or listing. An employee so classified shall receive the rate of the classification for all time worked,
- 39 -including time, if any, in a classification carrying a lesser rate of pay. Operator may be required to make minor equipment adjustments and routine maintenance on equipment.
Includes all other tractor operations and equipment operators except for those activities listed in classification Tractor Operator "A" or other tractor driver classifications. When an employee is required to perform any task covered by a higher rated job, except for minor equipment adjustments and routine maintenance, during the course of a work day, he shall be paid at the rate of the higher rated job, for the time worked on such job on such day.
The classification covers general field harvesting, pruning, such as apples, and miscellaneous duties not otherwise covered by other wage classifications or new changed operations that may be subject to Article 18 "New or Changed Operations."
Using the appropriate equipment and method, workers will remove excess plant growth in accordance with the instructions of the Company. Company shall not require the use of the short-handled hoe.
Installs, moves and services the appropriate irrigation systems for the distribution of water to the farming operations as directed by the Company.
- 40 -
Pulls outside leaves of plant over cauliflower head and encloses same by usage of rubber bands.
Cuts the proper heads of cauliflower, trims leaves and cuts the rubber band and places same on the belt or tosses into the bin.
Cutters or tie men may be asked to break leaves of selected plants.
Cuts stalk, trims and strips, places as directed, assembles container, sizes and packs stalks, closes container.
Windrows and loads.
Machine. While on transplanter machine, worker picks from box a celery plant and inserts into planter on outer diameter of revolving wheel. Follows machine and hand plants celery plants in spots skipped by machine. Assists in loading machine with plant supplies at end of beds, as directed by Company.
- 41 -
Includes cutting lettuce, trimming same, placing heads into cartons previously built up.
Applies clamp, folds flaps and secures flaps by stapling or gluing.
Places closed cartons on appropriate vehicle. Windrowing is subject to agreement between Company and Union. Transfers empty cartons from hauler to stitcher.
Water is sprayed or brushed on lettuce before packed carton is closed. Includes minimum housecleaning of bus and field and helping in serving of food.
-  -
Operation and routine maintenance of field fork-lifts.
Moves trailers with equipment, as directed by Company.
Includes operation of motor graders, bulldozers, back hoes, carryalls, and similar heavy earth moving when such machines are used in building or restructuring fields: including such activities as pond and/or swamp drainage areas, or dike and levee building.
-  -
Executed this________________day of________ , 1979.
|For the Company||For the Union|
|UNITED CELERY GROWERS||UNITED FARM WORKERS OF
Cesar E. Chavez
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- [a] -
Works as leadman with irrigation crew. Assigns specific tasks to workers and assists in training new workers. May drive Company pick-up truck in pulling pipe trailers. When requested, he records worker's time. Performs manual work normally performed by irrigation workers. May be required to substitute for supervising foreman when he is not available. Reports to supervising foreman for hiring, firing and discipline.
Assigns specific tasks to tractor drivers, assisting drivers in setting up equipment and making necessary adjustments. Trains and instructs workers in driving tractors. Responsible to assure that work is performed in a manner so that established quality control objectives are achieved. When requested, he records worker's time. May drive Company pick-up truck in performance of his work. Performs tractor work normally performed by workers and may be required to substitute for supervising foreman when he is not available. Reports to supervising foreman for hiring, firing or discipline.
Precision planting, precision application of agricultural chemicals, precision boarder driving, motor grading in building roads and building ditches, and/or listing, An employee so
- [b] -classified shall receive the rate of the classification for all time worked, including time, if any, in classification carrying a lesser rate of pay. Operator may be required to make minor equipment adjustments and routine, maintenance on equipment.
Includes all other tractor operations and equipment operators except for those activities listed in classification Tractor Operator "A" or other tractor driver classifications. When an employee is required to perform any task covered by a higher rated job, except for minor equipment adjustments and routine maintenance, during the course of work day, he shall be paid at the rate of the higher rated job, for the time worked on such job on such day.
Installs, moves and service, the appropriate irrigation systems for the distribution of water to the farming operations as directed by the Company.
Moves trailers with equipment, as directed by the Company.
Operation and routine maintenance of field forklifts.
- [c] -
Includes operation of motor graders, bulldozers, back hoes, carry alls, and similar heavy earth moving when such machines are used in building or restructuring fields: including such activities as pond and/or swamp drainage areas, or dike and levee building.
Classification includes the cleaning, sanitizing of the portable toilets and furnishing such supplies as soap and toilet paper. Operator operates machine siphoning of waste into a permanently mounted tank carried on a truck, and empties same at directed location. Operator may make minor adjustments. Operator is required to drive on public highways, and to possess a state driver's license.
Classification covers driving of truck equipped with a permanently mounted water tank; driver as directed, will water dirt roads on the ranch; and may entail driving on public highways. Operator may make minor adjustments. Operator required to have a state driver's license.
Drives three-axle, 10-wheel truck. Hauls the loads and empty boxes to and from field and shed. Performs routine maintenance.
The classification covers general field harvesting, pruning,
- d -staking, stringing, and miscellaneous duties not otherwise covered by other wage classifications or new changed operations that may be subject to Article 18: "New or Changed Operations".
Using the appropriate equipment and method, workers will remove excess plant growth in accordance with the instructions of the Company. Company shall not require the use of the short handled hoe.
Cuts stalk, trims and strips, places as directed, assembles container, sizes and packs stalk, closes container.
Windrows and loads.
While on transplanter machine, worker picks from box a celery plant and inserts into planter on outer diameter of revolving wheel. Follows machine and hand plants celery plants in spots skipped by machine. Assists in loading machine with plant supplies at end of beds, as directed by Company. Celery transplanting by hand may be necessary at certain times of the year.
Piece rate per bin. Crew operation. Cut and load celery into bins.
- [e] -
Hourly operation. Hand pick cucumbers according to instruction of foreman, according to size, maturity, color, and shape. Place cucumbers into picking boxes supplied by Company. Exercise care in protecting plants (vines) and fruit remaining on the vines. When boxes are filled, worker brings them to the end of the row on wheelbarrow supplied by Company, and stacks for loaders to transfer to truck.
Piece rate per box or hourly rate operation. Hand pick tomatoes under the direction of the foreman according to size, color, maturity, and quality, and place in picking boxes supplied by Company. Boxes are rolled through field on tomato carts supplied by Company. Exercise care in protecting vines and remaining fruit. Picking boxes, level full and usually containing 35 lbs., are brought to the end of the row for dumping into bins supplied by the Company. Forklift operator transfers bins to truck for hauling to the shed.
- f -
|TRACTOR DRIVER "A"||4.575|
|TRACTOR DRIVER "B"||4.475|
|HEAVY EQUIPMENT OPERATOR||4.675|
|WATER TRUCK DRIVER||4.475|
|SANITATION TRUCK DRIVER||4.475|
|TRUCK DRIVER (Three-Axle, 10-Wheel)||5.15|
|THIN & HOE||3.75|
|CELERY GROUND PACK (Per Crate Equiv.)||.84|
|CELERY BIN (No Pack)||5.30|
|TOMATO PIECE RATE (Per Box, Approx. 35 lbs.)||.655|
|CABBAGE (including stitching)||.61|
|ROMAINE (including stitching)||.50|
- g -
It is mutually agreed that the attached wage rates by classifications, the accompanying job descriptions, the attached seniority list, seniority rules, working conditions, and contract understandings are part of and applicable in accordance with the provisions of the Contract Settlement dated June 15, 1979.
Executed this 19th day of June, 1979.
|FOR THE UNION:||FOR THE COMPANY:|
Cesar E. Chavez
- h -
- i -
- j -
- k -
- l -
1. Each place where work is being performed shall be supplied with clean and adequately equipped bathrooms. Such bathrooms shall be cleaned twice weekly, when deemed necessary according to: (1) the size of the crew, (2) usage or (3) notification by the crew.
2. Each place where work is being performed will be provided with clean potable drinking water and individual disposable drinking cups convenient to workers. Workers in field operations shall have the same water in insulated type containers as is presently used.
3. The Company shall keep adequate first aid supplies on hand in the working areas. The ranch committee shall notify personnel at the office when supplies are low for prompt re-filling.
4. The Company agrees that any Company vehicle used for transporting workers shall be maintained in good, safe condition at all times as per Article 26.
5. The Company shall provide all necessary tools and equipment in good working condition in accordance with Article 14, Section F, including, but not limited to, raingear, boots, knives and gloves. Gloves, however, shall be given according to the following scale at no more than one pair every month. Workers may purchase additional gloves at cost as needed.
- m -
However, stakers, closers, loaders, stringers, assemblers shall be given gloves as needed.
6. Necessary extra work and/or overtime shall be distributed equally among individuals or crews as far as practicable.
7. The Company shall re-establish transportation for all workers in celery harvesting and the hourly planting crew as per Article #26 with either bus transportation or by paying seventy-five cents ($.75) for each worker each day at the Company's option to decide which method.
8. The Company shall be responsible to level all irrigation ditches before celery harvesting work starts in the appropriate fields to facilitate work operations unless conditions do not permit such leveling.
9. Vacations. In the application of Article 22, Vacations, due to the nine (9) month duration of the contract, both parties agree that workers assigned to both piece-rate and hourly rated work shall be credited in the following manner to qualify for vacation pay:
- n -year. Vacation pay will be the percentage specified below of the worker's gross Company earnings of the qualifying seasonal year.
10. All irrigators shall be paid at the same rate or whichever rate is higher with the new .40 cent increase.
11. Tractor Drivers shall continue to receive gas allotment as per past practice.
- o -
1. The Company agrees that no work shall be performed in the rain. Work may be performed in a light mist, but only if mutually agreed upon between the Company and the Worker; however, harvested goods shall be brought to the edge of the field, loaded and moved to the shed. In the event people are sent home, a minimum of one (1) hour will be granted. If the rain occurs at or after 11:00 a.m., lunch time shall be allowed in addition to the one (1) hour.
2. If the Company decides to use the piece-rate method of harvest for the tomatoes, then the piece-rate for the field harvest with field boxes as described in the old contract addendum for UCC.G. shall be .655 cents per box.
- p -
1. Gloves shall be given according to the provisions of Article 14 Health and Safety. Packing shed workers shall have the choice of cotton or rubber gloves. Gloves shall be issued one at the beginning of the season and one every month as needed. Workers may purchase additional gloves at cost as needed.
2. The Company agrees to keep the dumper belt and the bins at a level to allow maximum sorting ability for a sorter at a reasonable pace. When the packers feel the belt is too full of tomatoes, the Company shall stop the belt to allow the amount of tomatoes to decrease. The floor person in charge shall use their best efforts to control the flow of fruit.
3. Parking space shall be provided at all times for employees during working hours. Employees shall be required to park in such parking areas.
- q -
1. The Company agrees to provide the necessary garbage containers so that the working areas are maintained safe and clean. Workers are required to deposit trash from breaks and lunch in containers when such containers are placed adjacent to the crew or by the foreman's pickup.
2. Workers shall be compensated at the General Labor rate for removing pallets, twine, strapping and/or any other items.
3. The Company agrees to provide a vehicle promptly at the end of the cutting of a field in order for the workers to load the humps without delay.
4. A celery cutting crew shall be not more than 32 workers. Additional humps may be added when orders are beyond the capacity of the crews so long as it doesn't reduce the hours of the crew.
5. The foreman will give the Union Steward or Representative for each crew a ticket for each truck that is loaded indicating the number of boxes on each load. Loaders will be required to continue to separate by size of the box on the pallets when loading so far as practical or except when raining.
6. The Company agrees that truck drivers will park the trucks as close as possible to the trailers for the unloading of wire-bound crates but, if field conditions do not permit, the trailer will be brought to the truck.
7. The Company agrees that it shall use packing humps (burras) made of material to make the humps as light as practical. Humps shall be also reconditioned according to the request of the crew re-
- r -garding wheel clearance and size of the wheel.
8. Piece-rate workers shall not work more than eight (8) hours in any one day except on voluntary basis.
- s -
1. The Company agrees to provide individual backrests on the celery planting machine.
2. The Celery planting crew shall be nine (9) workers with five lines or eleven workers with seven lines per machine.
3. Celery planting crews will be protected by side curtains and planting will be coordinated with irrigators so as to protect the crew from being wet by sprinklers.
4. When the field is wet or muddy, the Company shall allow two (2) people in the celery planting crew to carry in or bring in each celery box containing the celery to be planted.
5. The Company shall designate celery planting crew parking areas at each field to facilitate ease in arriving and departing work.
- t -
It is understood that the sons of the owners of United Celery Growers: Ron and Tom Junisaki and Scott Williams have occasionally in the past helped the Mechanic Foreman in the shop on a rotating basis and have done other "make work" jobs during school vacation periods; and that Bruce, Douglas and Mark Kajiwara have done odd jobs and general labor work in the shed also during school vacation periods.
It is agreed that the practice of these family members doing occasional general labor work shall continue as in the past provided that the performance of such bargaining unit work by these family members does not result in the displacement of a worker, or in seniority workers not being recalled from lay-off, or in the elimination of a position normally within the bargaining unit.
The Company and the Union agree that clear, fair seniority rules are important to the workers and the Company. It is understood that the seniority rules contained in this Agreement are new to the Company and the workers and that it is in the interest of the workers and the Company to review these local seniority rules as required for their equitable administration. The parties therefore agree to meet to review and revise, if agreed upon, said local seniority provisions only, six months after the signing of this Agreement or sooner if either party so requests.
- [u] -
1. The Company shall maintain one seniority list for all workers by classification.
2. Each worker shall have a date of hire with the Company and a date of entry into his job classification, if the worker is promoted to a classification with a rate above the general field labor rate, he shall establish a date of entry into the higher classification out retain his original seniority date for all other purposes.
However, if a worker is to be laid off because of a permanent job elimination, he shall be entitled to bump any lesser seniority worker in his former classification if the job is eliminated within a six-month period; and may bump any lesser seniority worker in the General Labor classification if the job is eliminated after a six-month period.
3. Lay-offs shall be in order of seniority within a classification with the worker having the least seniority in his classification being laid off first.
4. Workers shall be recalled within their job classification in order of seniority. When there are no workers on lay-off within a classification, workers on lay-off from the Company other classifications shall be given the first opportunity to fill a vacancy or job opening in order of seniority. A laid-off worker shall have the right but not the obligation to fill
- [v] -such vacancy or job opening. If a laid off worker fills a vacancy or job opening, he shall retain his full recall rights in his own classification.
5. CELERY GROUND CREW The celery harvesting ground crew shall be considered a separate classification. A celery crew worker who takes an approved leave of absence at the end of the celery season shall not lose his seniority in the crew.
6. TOMATO SEASONAL, OR OTHER SEASONAL CROP OPERATION (FIELD)
- [w] -
7. Any job openings in the Company at the end of the tomato season in another crop shall be offered first to regular seasonal workers in order of seniority. A seasonal worker shall have the right but not the obligation to fill such a job opening. If a seasonal worker does not fill a vacancy, he shall retain his full recall rights as a regular seasonal worker in his crop operation.
8. The Company shall prepare and post a seniority list within one (1) week of the execution of this Agreement. The posting shall be in conspicuous places to afford the workers the full opportunity to check it concerning accuracy of the lists. The list will show in seniority order the full name, hire date, social security number, and classification of each worker. The list shall remain posted for four (4) weeks. If questions arise concerning the accuracy of the list, the Union and Company have up to two (2) weeks after the four (4) week posting to resolve any dispute. If any dispute remains after the two (2) weeks, any unresolved matters relating to the seniority lists may be submitted to expedited arbitration.
The same posting procedure shall be followed at the beginning of the tomato season. After one week of posting, the Union and the Company will attempt to resolve all questions concerning the accuracy of the list.
- x -
If the dispute remains after two (2) weeks from the date it was first posted, any unresolved matter relating to the seniority list may be submitted to expedited arbitration.
- [y] -
A. Overtime: The following overtime provisions shall apply to all workers except to irrigators and foremen.
Daily Overtime: A premium of $.50 per hour shall be paid for all hours worked in excess of eight (8) hours in one (1) day.
Saturday Overtime: On Saturday, or any other day agreed upon between the Company and the Union to be treated as Saturday, workers shall receive a premium of $.50 per hour for all hours worked in excess of five (5) hours on such day, if paid on hourly basis.
B. Night Shift Premium: Night shift shall apply for all who work a majority of their shift between the hours of 6:00 p.m. to 6:00 a.m. for which night shift, the worker shall be paid a premium of $.25 per hour for all hours worked.
C. There shall be no pyramiding of overtime or night shift premium.
D. Mealtime breaks shall be one-half (½) hour and are not compensated for nor counted as hours worked under the provisions of this Agreement.
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 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 (28) continuous calendar days; if such worker qualifies for the higher rated job and retains it after the twenty-eight (28) continuous calendar days, he shall then be paid for the higher rated job.
- z -
For the purposes of Article 19: Hours of Work and Overtime, it is agreed that Saturday shall be treated as Sunday, and that Friday shall be treated as Saturday. It is further understood that in the application of Article 19: Hours of Work, Overtime and Wages, the thirty-five cent (35¢) premium in Daily Overtime and Saturday Overtime shall apply to any worker who combines both hourly paid and piece rate work within the same day.
In the application of Article 22: Vacations, and Section 5: Vacations of the Supplemental Agreement, workers assigned to both piece work and hourly rated work shall be credited in the following manner:
Sec. A. - An hourly rated worker assigned to perform piece work shall be credited with 1.3 hours for each hour worked at piece rate to qualify for one thousand (1000) hours during the calendar year. Such hours shall be added to the accumulated time in hourly rated work.
Sec. B. - A piece worker assigned to perform hourly rated work shall be credited with 7 hours for each hour worked at hourly rate to qualify for seven hundred (700) hours during the calendar year. Such hours shall be added to the accumulated time in piece rated work.
- aa -
In the application of Article 22, Vacations, due to the nine (9) month duration of the Contract, both parties agree that workers assigned to both piece-rate and hourly rated work shall be credited in the following manner to qualify for vacation pay:
A. On March 30, 1980, all workers shall be credited with hours accumulated over the previous 12 month period from March 30, 1979;
B. Furthermore, seasonal workers in tomatoes in both field harvest and packing shed operations, shall be eligible for vacation pay, if they have completed a minimum of ¾ths of the total hours of the season in the prior seasonal year. Vacation pay will be the percentage specified below of the worker's gross Company earnings in the qualifying seasonal year.
A seasonal worker who has maintained his seniority for (4) four or more consecutive years shall receive double the above vacation benefits.
- bb -
In the application of Article 24: Holidays of the Master Agreement, it is understood that when a holiday falls on a Monday the Company and the Union may mutually agree that Sunday may be treated as the holiday in its place.
The Union and the Company recognize their responsibility to make every effort to properly interpret and apply the provisions of the Settlement Agreement, the Supplemental Agreement, and the Contract. Therefore, the parties agree that in order to fully implement and expedite the Grievance Procedure as set forth in Article 5 of the Contract, language shall not be an obstacle nor a delaying factor. The provisions relative to language in Article 9 of the Contract establishes the basis for the contractual right to use a language other than English whenever it is essential to collective bargaining.
Workers shall have paid rest periods of fifteen (15) minutes each, which, insofar as practical, shall be in the middle of each continuous four (4) hour work period or major fraction thereof.
Wage rates for specified job classifications are set forth in Appendix A-1 attached hereto.
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This Agreement made and entered into on June 15, 1976 by and between UNITED CELERY GROWERS. INC. hereinafter called the Company, and the United Farm Workers of America, AFL-CIO, hereinafter referred to as the Union, is as follows:
The provisions of the Master Agreement, which include all terms, conditions and classifications are hereby incorporated and made part of this Supplemental Agreement, except as expressly modified by the provisions of this Supplemental Agreement. Where the provisions are modified by this Supplemental Agreement, the Supplemental Agreement provisions shall control.
This Supplement applies to all of the company's agricultural employees employed in its packing house who are engaged in receiving, packing, storing and loading of all vegetables in the company's packinghouse located at 3813 W. Doris Ave., Oxnard, California, as set forth in the Agricultural Labor Board's Certification in Case No. 75-RC-78-M. The term "worker" shall not include supervisory employees who have the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other workers or the responsibility to direct them or adjust their grievances or effectively recommend such action, if, in connection with the foregoing, the exercise of such authority is not of merely routine or clerical nature but requires the use of independent Judgment. Nor, shall the term "worker" include any office [...]
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The following shall replace Article 7 of the Master Agreement:
Sec. A. Duly authorized and designated representatives of the Union shall have the right of access to the Company's packing sheds for the conducting of normal Union affairs in the administration of this Agreement. In the exercise of the foregoing, there shall be no interference with the productive activities of the workers. The Union Representative shall notify the foreman of his presence on the job before conducting any Union business.
Sec. B. The Union shall advise the Company of the names of its duly authorized and designated representatives.
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Article 11: Leaves of Absence of the Master Agreement, shall be modified with respect to Sec. B. as follows:
Sec. B. A temporary leave of absence without pay, not to exceed three (3) days for Union business, shall be granted under the following conditions:
Article 11, Sec. A and C, shall remain the same as in the Master Agreement.
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The following shall replace Article 19: Hours of Work, Overtime and Wages, Section A.
Sec. A. All work done by the day crew before 7:00 a.m. or after 6:00 p.m. or after eight hours and less than twelve hours in any one day, shall be at the rate of time and one-half of regular straight time pay.
Sec. B. All work in excess of twelve hours in any one day of twenty-four hours shall be at the rate of double time.
Sec. C. Overtime for night workers shall be after the first eight worked after 5:30 p.m. Night workers shall be limited to employees not a part of the regular day crew, who by virtue of their duties with employer, or by virtue of not being otherwise at work in the industry, do not commence work in the packing house before 5:30 p.m. in any 24-hour period in which night workers are employed to perform packing and loading operations, day crew shall be assured of eight hours work for that day.
Sec. D. A night crew differential of 15¢ per hour shall be paid on hourly rates and when piece rates are used this 15 per hour shall be translated into piece rates.
Sec. E. Overtime at the rate of time and one-half of the regular straight time pay shall be paid to the tomato packers after eight hours and less than twelve hours in any one day. Overtime for the lidder and loading crews shall not start until the packed-out crates placed on the skid between the packer and the press have been loaded or set back.
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Sec. F. In the event the Industrial Welfare Commission adopts a final order with respect to overtime which would apply to the Company's operation and is more burdensome on the Company, the order shall modify the above provisions regarding overtime. Where these provisions are modified by a final order of the Industrial Welfare Commission, the Industrial Welfare Commission's order shall prevail. In any event, if the IWC order applicable to this packing shed requires overtime after forty hours per week, the contract provision regarding overtime after 6:00 p.m. or before 7:00 a.m. is to be removed.
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Article 22: Vacations shall be replaced with the following sections:
Sec. A. - Vacation pay shall be granted to eligible workers who qualify for such vacations. Workers shall be eligible in fiscal year June 30 to July 1, following the first anniversary of continuous employment and annually thereafter for vacation pay and a one-week vacation, provided that in order to qualify for vacation pay, the worker shall work the hours set forth below in the prior fiscal year. Vacation pay will be the percentage specified below of the worker's gross Company earnings in the qualifying calendar year.
The employee who has qualified for a vacation shall be allowed time off, with the consent of the Company, as specified herein with no loss of seniority.
Sec. B. - A worker who has maintained his seniority for four (4) or more consecutive years shall receive double the above vacation benefits.
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No employee, except as provided in the following paragraph, shall be required to work in excess of five (5) hours consecutively without a meal period of one (1) straight hour. A meal period shall not exceed one (1) hour, but employees may be given a call to return to work, more than one hour after meal period is given, subject to the provisions of Section 7 of this Supplemental Agreement.
Employees whose duties require their presence on the job before or after regular crew hours shall adjust their meal period by mutual consent of the employee and the Company.
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The following shall replace Article 20: Reporting and Standby Time, of the Master Agreement:
Sec. A. Employees shall be paid from the time called until released and shall be paid a minimum of three (3) hours for the first call and a minimum of one (1) hour for each call thereafter in any day, except that one call per day shall be allowed without pay where harvesting or packing is delayed because of rain, frost, or other causes beyond the control of the Company. Return to work after a meal period of one (1) hour or less shall not constitute a call.
Sec. B. Where a crew is on piece rates and less than the required call time is furnished, the employees shall be paid their piece rate for the period worked, and the remainder of the required call time shall be at the hourly rate.
Sec. C. Any time a crew is released, it must be released for a minimum of thirty (30) minutes.
Sec. D. In case of standby time, when employees are on piece work, the hourly rate shall be paid.
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|Ripes & Pinks|
|MISCELLANEOUS FLOOR HELP||3.92|
|SET-UP TO DUMPER||3.995|
|STAMPER & CHECKER||3.92|
|REGULAR FORKLIFT & BUG DRIVER||4.395|
|APPRENTICE FORKLIFT & BUG DRIVER||4.145|
In case of standby or call time, packer shall be paid at least $4.195 per hour for each hour in which there is standby time and in which he is not released, providing, however, an apprentice packer who has worked as a tomato packer for less than ten (10) days shall receive the miscellaneous rate for standby time.[...]
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Apprentice Forklift and Bug Driver is defined as an employee who has worked less than thirty (30) calendar days for the Company as a forklift driver.
Tomato Packers shall rotate every half hour or every hour. The majority of the packers in the packing house during the second week of operation shall determine for the season whether rotation shall be hourly or half hourly.
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|SORTERS AND STRIPPERS||3.92|
|LABELER & STAMPER||3.92|
|DUMPER FROM CRATES||3.92|
|MISCELLANEOUS FLOOR HELP||3.92|
|TRIMMING OUT OF BASKET||3.92|
|PRE-COOLER (No set-on or set-off)||3.92|
|WIREBOUND CRATE ASSEMBLER||3.97|
|WIREBOUND CRATE ASSEMBLER (H & M only)||.045|
|SET-ON & SET-OFF||3.97|
|SET-ON, SET-OFF & WATER CONTROL (UCG only)||4.04|
|REGULAR FORK LIFT & BUG DRIVER||4.395|
|APPRENTICE FORK LIFT & BUG DRIVER||4.145|
|WIREBOUND CRATE CLOSER||4.02|
- [pp2] -
- [pp3] -
Loads trucks with stacks of tomato cartons.
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Operates machine that dumps cucumbers onto line by means of a hydraulic lift.
Sorts cucumbers as to size (large, small, and regular) and culls such as broken and rotten cucumbers, etc.
Stacks cartons as to size (small, jumbo, #1).
Places cartons on hand truck and pushes them into cooler in a designated area.
Stacks cartons on hand truck and loads them into trucks.
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Places packed wirebound crates onto conveyor belt.
Hourly rate. Loads empty wirebounds on truck along with pallets, for field crew. Removes full pallets and stacks celery in shed. Removes empty pallets from water belt area and empties trash bins into dump truck. Operation and routine maintenance of forklift.
An employee who has worked less than thirty calendar days for the Company as a forklift driver.
|PACKER (Shed Piece Rates) Bell Peppers (H&M, UCG)||.19|
|Cucumbers (H&M, UCG)||.19|
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This Agreement shall be in full force and effect from June 15, 1979 to and including March 30, 1980. This Agreement shall automatically renew itself upon expiration of this Agreement unless either of the parties shall have given notice in writing to the other party sixty (60) days prior to the expiration, requesting negotiations for a new Agreement, together with thirty (30) days prior written notice to the State Conciliation Service. During this sixty (60) day period, all terms and conditions of this contract shall remain in full force and effect.
|FOR THE UNION:||FOR THE COMPANY:|
Cesar E. Chavez