f t APR 2 7 1965 r y // INDEX FOR AGREEMENT ARTICLE NO. ARTICLE TITLE PAGE NO. 1. INTENT AND FURPOSE 1 2. COVERAGE 1 3. UNION SECURITY PROVISION 1 / 4. MANAGEMENT 2 / 5. NON-DISCRIMINATION 2 6. GRIEVANCE AND ARBITRATION PROCEDURE 2 7. DISCHARGE - DEMOTION - PROMOTION 3 8. STEWARDS 4 9. ABSENTEEISM, TARDINESS AND COMPANY RULES 4 10. EFFECT OF INVALIDITY 4-5 11. VACATIONS 5-6 12. HOLIDAYS 6 13. LEAVE FOR PREGNANCY 7 14. UNION LEAVE OF ABSENCE 8 15. LEAVE OF A3SENCE 8-9 16. HOURS 9 17. PREVIOUS BENEFITS 10 18. CHECK-OFF 10-11 19. HEALTH AND WELFARE 11-12 20. SENIORITY 12 21. SUNDAY WORK 13 22. WORK SCHEDULES 13-14 23. GUARANTEE TIME 14 24. NO SPLIT SHIFTS 14 25. REST PERIODS 14 26. MEAL PERIODS 14 27. TRANSFERS 14-15 28. TOOLS 15 29. UNION STORE CARD 15 30. VOTING TIME 15 -2- ARTICLE NO. ARTICLE TITLE PAGE NO. 31. BULLETIN BOARDS 15 32. JURY DUTY 16 33. FUNERAL LEAVE WITH PAY 16 34. SEPARATION PAY 16 35. PREVIOUS EXPERIENCE 16-17 36. COMPANY MEETINGS 17 37. STRIKES AND LOCKOUTS 17 38. FIRST AID ECIT 17 39. RETROACTIVITY 18 40. MERIT RAISES 18 41. MILITARY LEAVE 18 42. WAGES 19 20 21 43. CASH REGISTER CLAUSE 21 44. EXPIRATION 21 A G R E E M E N T This Agreement made and entered into this day of October , 1963, by and between Food Fair Stores, Inc. of Miami and Frederich’s Markets, hereinafter referred to as the Employer, and the Retail Clerks Union, Local #1625, chartered by Retail Clerks International Association, AFL-CIO, hereinafter referred to as the Union, and any renewal or extension thereof, shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. ARTICLE 1. INTENT AND PURPOSE It is the intent and purpose of the parties hereto that this Agreement shall promote and improve the industrial relationship between the Employer and the Union and so set forth herein rates of pay, hours of work, and working conditions to be observed be­ tween the parties. ARTICLE 2. COVERAGE The Employer hereby recognizes the Union as the sole and exclusive bargaining agent for a unit consisting of all employees in the Employer's present and future retail food stores located in the counties of Dade, Broward, Monroe, St. Lucie and Palm Beach, State of Florida, with respect to rates of pay, wages, hours, and all other conditions of employment EXCEPT employees working in the meat department of the Employer’s retail stores, Store Managers, and Assistant Store Managers. ARTICLE 3. UNION SECURITY PROVISION If, during the life of this Agreement or any renewal or extension thereof, the laws of the State of Florida are changed or amended to make Union-Shop Agreements valid, such an Agreement shall be­ come effective immediately and become a part of this Agreement or any renewal or extension thereof. y ARTICLE 4. MANAGEMENT The management of the business and the direction of the employees, including the right to plan, direct, and control store operations, hire, suspend or discharge for just cause, transfer or relieve employees from duty because of lack of work or for other legiti­ mate reasons, the right to introduce new or improved methods or other facilities and the right to establish and maintain reasonable rules and regulations covering the operation of the stores, a violation of which shall be among the causes for discharge, are vested in the Employer, provided that this right shall not be used for the purpose of discrimination against any employee. ARTICLE 5. NON-DISCRIMINATION The Employer agrees it will not discriminate against any employee because of union membership, or because of any union activity. ARTICLE 6. GRIEVANCE AND ARBITRATION PROCEDURE Section 1. The Employer and the Union shall make a sincere effort to settle promptly any differences, disputes or complaint arising over the interpretation or application of the contents of this Agreement through the following steps: Step One: By conference between the aggrieved employee, the Steward, and the Store Manager within five (5) days after the happening of the event causing the grievance. If the grievance is not settled within three (3) days, it shall be processed in Step Two. Step Two: By conference between the Steward and/or business agent with the Store Manager and District Super­ visor. If the grievance is not settled within three (3) days, it shall be processed in Step Three. Step Three: The Union shall immediately submit in writing all pertinent facts pertaining to the grievance to the Personnel Manager, and within three (3) days the conference shall be held between the representatives of the Union and the Personnel Manager and/or a representative of the Employer. If the grievance is not settled within five (5) days, it shall be referred to Arbitration. Section 2. The Union and the Employer each shall appoint a repre­ sentative to meet in an effort to settle the grievance. If the representative of the Union and the representative of the Em- ( 2 ) ) ARTICLE 6. GRIEVANCE AMD ARBITRATION PROCEDURE Cont’d ployer fail to settle satisfactorily the complaint within forty- eight (48) hours, those two persons shall request the federal Mediation and Conciliation Service to provide a panel of persons from which an Arbitrator shall be selected by alternative striking by the two representatives. This Arbitrator so selected shall constitue the Board of Arbitration, and his decision shall be binding on both parties. The expense incurred in the Arbitration proceedings such as hearing room, stenographer, trancript for each party and the Arbitrator's fees shall be divided equally between the Union and the Employer, Section 3, No grievance shall be considered unless the procedure outlined above is followed. Section 4. Upon request, the Store Manager will grant to any accredited union representative the right to communicate with the employees of the store. Section 5. The Employer shall have the right to call a conference with the steward or representative of the Union for the purpose of discussing grievances, criticisms or other problems. ARTICLE 7. DISCHARGE - DEMOTION - PROMOTION Section 1. The power of discharge and discipline for just cause, to promote and demote, lies with the Employer. It is agreed that this power shall be exercised with justice with regard to the right of the employees and that this power will not be used to discriminate against any employee. Section 2. The power to discharge and discipline for just cause, to promote and demote, shall be subject to the grievance pro­ cedure. If such grievance is decided in favor of the employee, he shall be entitled to reinstatement and if the Arbitrator de­ cides that the employee is entitled to pay for lost time, such pay will not exceed the straight time pay for the basic workweek. Section 3. The Employer will give the Union notice of all dis­ charges and layoffs within one (1) week of the employee's dis­ charge or layoff. Notices shall be mailed to the Union head­ quarters. (3) ARTICLE 8 STEWARDS Sectionl. It is understood that the Stewards of the Union, at all times shall be regular full-time employees, and the Union shall furnish the Employer with a complete list of Stewards, which shall be supplemented from time to time as may be necessary. Section 2. The Stewards or other individual employees covered hereby shall not be considered agents of the Union for the purpose of calling strikes or causing shutdowns or in any other way inter­ fering with the normal operations of the store. Section 3. On layoffs and transfers Stewards shall enjoy super- seniority. The Steward in each store shall be the last employee to be transferred or laid off. ARTICLE 9. ABSENTEEISM, TARDINESS AND COMPANY RULES Section 1. The Union agrees to uphold the rules and regulations of the Employer in regard to punctual and steady attendance, proper and sufficient notification in case of necessary absence, and conduct on the job. Section 2. The Union agrees to cooperate in the correction of inefficiencies of members which might otherwise necessitate dis­ charge. Section 3, The Union and its members agree to make an earnest effort to recommend new employees to the Employer and to aid in decreasing labor turnover in the stores. Section h. The Union recognizes the need for conservation'and -the elimination of waste and agrees to cooperate with the Employer in suggesting and practicing methods in the interest of conservation and waste elimination. ARTICLE 10. EFFECT OF INVALIDITY Section 1. The parties hereto agree that should any Article, part or paragraph of this Agreement be declared by a Federal or State Court of competent and final jurisdiction in the premises to be unlawful, invalid, ineffective or unenforceable, said Article, part or paragraph shall not effect the validity and enforceability of any other Article, part or paragraph hereof, and the remainder of this Agreement shall continue in full force and effect. 0 0 ARTICLE 10 EFFECT OF INVALIDITY Cont'd Section 2. The parties also agree to renegotiate any Article, part or paragraph of the Agreement that has been declared unlawful, invalid, ineffective or unenforceable as specified above. ARTICLE 11. VACATIONS Section 1. A vacation of one (1) week with pay, shall be granted to all regular full time employees with at least one (1) year, but less than two (2) years of continous service on the job with Employer. Section 2. A vacation of two (2) weeks with pay, shall be granted to all regular full time employees with two (2) years or more of continuous service on the job with Employer. Section 3. A vacation of three (3) weeks, with pay, shall be granted to all regular full time employees with ten (10) years or more of continuous service on the job with Employer. Employees shall take two weeks of the three weeks vacation during consecu­ tive weeks. The third week need not be consecutive, but shall be scheduled by mutual agreement with the Employer. Section A. Vacation pay is to be based on the regular weekly hours multiplied by the straight time hourly rate for all regular full time employees. Section 5. An employee shall become eligible for vacation follow­ ing his anniversary date of employment and may receive his vacation at any time between April 1st and October 31st, but not later than his succeeding anniversary date of employment. Section 6. In the event the services of an employee are terminated for any reason, voluntary or involuntary, except discharge because of dishonesty, after the vacation has been earned but before it has been received, there shall be paid to such employee salary covering the period of vacation to which he is entitled upon termination of services. Section 7. Employees are entitled to receive their vacation pay at the beginning of their vacation period. (5) ARTICLE 11 VACATIONS Cont'd Section 8. Employees who, having qualified for a vacation, become disabled prior to having received their vacation, may upon request to the Company receive their vacation pay. Section 9. Every reasonable effort shall be made to schedule vaca­ tion dates in line with the employees desire, but subject to the needs of the business. Employees shall be given the opportunity to choose vacation dates on the basis of their length of service. Section 10. Employees entitled to vacation will not be allowed to take money instead of vacation. Section 11. All time worked for Food Fair of Miami, Inc., and Prederich's Markets shall be credited for vacation benefits. Section 12. If a holiday falls during an employee's vacation period, said employee shall receive one (1) extra day off with pay. Section 13. An employee working for a competitor (grocery and/or meat) during his vacation period shall be considered to have voluntarily quit his employment with the Company. Section lh. Regular part-time employees working thirty (30) hours or more per week consistently during the year, shall be considered as regular full-time employees for the purpose of vacations, holi­ days and welfare programs. Section 15. In considering continuity of service, absence from work, for full-time employees, for a total of sixty (60) regular scheduled work days due to sickness or excused absence during any one (1) anniversary year shall be considered a break in service, but will affect only the particular vacation year in which the break occurred. In case of injury while in the service of the Employer, an employee may absent himself from work up to one (1) year based on medical proof which will only be construed as a break in service for the particular vacation year or years affected. ARTICLE 12. HOLIDAYS Section 1, The following shall be recognized as holidays: New Year's Day, Labor Day, Christmas Day, Fourth of July, Thanksgiving Day and Memorial Day, or days legally celebrated in lieu thereof. Section 2. A full-time employee who works his scheduled day before and his scheduled day after one of the holidays listed above shall ( 6 ) ARTICLE 12 HOLIDAYS Cont’d receive one-fifth (1/5) of one (1) week's pay at his straight time hourly rate. Section 3. An absence due to proven illness on the employee’s scheduled workday before or after the holiday shall not disqualify the employee for his holiday pay. Section 4. An employee who works any of the holidays listed 1 above shall be paid one and one-half (1§) times his regular rate of pay for all hours worked on the holiday and, in addition, he shall receive the holiday pay provided for in paragraph two (2) above if he qualifies for such holiday pay. Section 5, The workweek during which any of the above specified holidays fall shall be four-fifths (4/5) of the established work­ week for all regular full-time employees covered by this Agreement. Section 6. The holiday period shall be considered as starting at midnight and ending at midnight. ARTICLE 13. LEAVE FOR PREGNANCY Section 1, A full-time female employee shall be considered to be unable to perform her work after the fifth month of pregnancy. If she has at least one (1) year of full-time continous employment, she will be granted a leave of absence upon her written request accompanied with proper statement from attending physician. She shall return to work not later than the end of the fourth month after the birth and if she does not return to work within the four (4) months after birth, she shall be considered to have voluntarily resigned as of the last day worked. Section 2. In returning to work she shall be returned to the store from which she left provided her length of service is greater than employees in similar job classifications at work in the store. Section 3. When returning from the leave, she must give the Personnel Office fifteen (15) days notice of her desire to return to work. (7) ARTICLE 14 UNION LEAVE OF ABSENCE Section 1. Any employee in the bargaining unit who is elected or appointed to a paid office in the Union, shall be granted a leave of absence, and upon the termination of said position in the Union shall be reinstated to his former position, plus such additional benefits that may be applicable in addition to his full seniority rights and privileges. Section 2. The maximum period of absence permitted will be one (1) year subject to renewal and extension for additional periods of only one (1) year renewal periods may be extended only through the joint and mutual consent of both the Union and the Employer. Section 3. The Union shall notify the Employer of any change in the employees status with the Union and said employee must request reinstatement to his former position not later than fifteen (15) days after the Employer receives notification from the Union. Section 4. The Employer agrees to permit no more than four (4) employees leave of absence without pay, in order to attend a Union conference or convention to which said employee may have been elected or appointed, provided there is no more than one (1) employee from any one store. The Union will notify the Employer the names of the delegates in advance in order that their jobs may be adequately covered during such leave of absence. ARTICLE 15. LEAVE OF ABSENCE Section 1. Any full-time employee with more than six (6) months of service desiring a leave of absence from the job because of illness or other legitimate reasons, must secure written per­ mission from the Employer’s Personnel Office, with a copy mailed to the Union. Section 2. The length of absence is to be agreed upon by the Employer and the employee. Section 3. Failure to return to work in accordance with the prearranged time off shall result in the complete loss of senior­ ity right to the employee so involved. (8) ARTICLE 15 LEAVE OF ABSENCE Cont'd Section 4. Any employee shall be excused for up to five (5) days for an emergency leave of absence from work in the case of serious illness or injury of the employee or sudden death in the employee's immediate family provided that the employee shall make every reasonable effort to notify the Employer within twenty-four (24) hours of the commencement of said leave. It will be the re­ sponsibility of the employee to furnish the Employer with adequate proof of the need for the Emergency Leave of Absence on his return to work. ARTICLE 16. HOURS Section 1. The maximum workweek for all employees covered by this Agreement payable at straight time hourly rates shall not exceed: Clerks: Forty (40) hours beginning on the 1st Sunday following ratification. Department Managers: (and Head Front End Clerks) Forty-four (44) hours beginning on the 1st Sunday following ratification. Section 2. (a) All time worked in excess of nine (9) hours per day shall be paid for at the rate of one and one-half (l|) times the employees regular hourly rate, effective Monday after ratifi­ cation. (b) All time worked in excess of the weekly hours set forth in Section 1 above shall be paid for at the rate of one and one-half (l|) times the employees regular hourly rate. Section 3. The five (5) day workweek does not have to be conse­ cutive days. Section 4. There shall be no pyramiding of overtime. Section 5. There shall be no tolerance time. Employees will be paid for all time worked. Section 6. The workweek shall, run Monday through Saturday in­ clusive. Section 7'. Any employee called in on Sundays and holidays shall be guaranteed five (5) hours work or pay in lieu thereof. (9) ARTICLE 17 PREVIOUS BENEFITS No employee shall suffer a reduction in wages in any clasifica- tion or an increase in hours or reduced vacation time or split shift by any provision of this Agreement or the signing thereof. ARTICLE 18. CHECK-OFF Section 1, The Employer will deduct Uninn initiation fees and dues on the fourth Saturday of each month from the pay of employees who are members of the Union, and who individually and voluntarily certify in writing an authorization for such deductions in the amount certified by the Local Union to be due and owing. The Employer shall forward same to the Financial Secretary of the Local Union immediately following such deductions. The check-off authorization form to be used by the Union and recognized by the Company: CHECK-OFF AUTHORIZATION FORM I, (employee's name) hereby voluntarily authorize (company's __________name)_____________________to deduct my initiation fee, and regular monthly dues as duly established from time to time by the Retail Clerks International Association, AFL-CIO, Local #1625, from my pay check on the fourth Saturday of each month, and deliver such initiation fee and dues to the aforementioned Local Union, This authorization shall continue to be in effect for the term of this contract between the Employer and the Union, or one year, from execution of check-off and shall automatically continue from year to year unless revoked in writing by the undersigned to the Employer, and the Union not more than fifteen (15) days nor less than ten (10) days prior to anniversary date of check-off authori­ zation. It is understood that the Employer's responsibility for the per­ formance of this service is strictly limited to the delivery of such dues and initiation fees to the Retail Clerks Union, Local #1625. Address Signed City Date Full-Time ( ) Telephone Store # Part-Time ( ) ( 1 0 ) ARTICLE 1 3 . CHECK-OFF (C o n t* d ) Section 2. AGEHCY SHOP CIAUSE '•Employees shall have the right to voluntarily join or refrain from joining the Union. Employees who choose not to join the Union, however, and who are covered by the terms of this contract, shall, be required to pay as a condition of employment, an initial service fee and monthly service fees to the Union for the purpose of aiding the Union in defraying costs in connection with its legal obligations and responsibilities as the exclusive bargaining agent of the employees in the appro­ priate bargaining unit. The aforesaid fees shall be payable on or before the first day of each month, and such sums shall in no case exceed the initiation fees and the membership dues paid by those who voluntarily choose to join the Union, Other than the payment of these service fees, those employees who do not choose to join the Union shall be under no further financial obligations or requirements of any kind to the Union." It shall also be a condition of employment that all employees covered by this Agreement shall on the 30th day f ollowing the beginning of such employment or the effective date of this Agreement, whichever is later, pay es­ tablished initial and monthly service fees as shown above. ARTICLE 19. HEALTH AMD WELFARE Section 1. The present Health and Welfare program consisting of Life Insurance, weekly Compensation Insurance and Family Hospital and Surgical Benefits shall be incorporated into this Agreement and shall be continued for the duration thereof; however, the Temporary Disability Benefit (Health and Accident) shall be in creased from "up to thirteen weeks" to "up to twenty weeks", effective October 1, 1963* The complete cost of the Health and Welfare Program shall be paid for by the Em­ ployer. Section 2. All employees hired after the contract date and qualifying under ARTICLE 11, Section lit, shall three (3) months after date of employment qualify for the H ealth and Welfare Program. -1 1 - ARTICLE 1 9 . HEALTH AND WELFARE (C orrt*d ) Section 3o Employees injured on the job, and due to the injury cannot con­ tinue, shall receive full pay for said day. If a case is accepted as a compensa­ tion case, then the Employer will pay the weekly amount the employee receives under the Workmens Compensation Law for the first week. ARTICLE 20. SENIORITY Section 1, Seniority shall be defined as the length of continuous employment with the Employer. Under this definition, the last employee hired shall be the first to be laid off provided the employee has the ability to perform the available work. Recall to work shall be governed by the same principles of seniority. Section 2. Full-time and part-time seniority shall be maintained separately. Full-time employees going to part-time shall go to the top of the part-time seniority roster. When additional full-time help is needed, such help shall be secured from the top of the part-time seniority list. Part-time help will be given full-time preference when needed on the basis of seniority provided he has the ability to perform the available work. Section 3. Seniority shall be considered lost: (a) If an employee is laid off for a period exceeding six (6) months. (b) If he fails to report for work for three (3) consecutive working days without notifying the Employer, unless it was impossible or unreasonable to do so, (c) If he is duly discharged by the Employer. (d) If he voluntarily quits. (e) If he is recaLled after layoff and fails tor eport for work within four (U) working days. Such call back and notification shall be, by certified mail, sent to the employee*s last known address on file with the Employer. Copy of recall notice shall be mailed to the Union. Section U. New employees shall be employed on a trial basis for thirty (30) days. During the trial period, new employees may be discharged or laid off at the sole discretion of the Employer without recourse to the grievance procedure and without reference to seniority and without obligation to rehire such em­ ployee. -1 2 ARTICLE 20 SENIORITY (C o n t » d ) Section The Snployer shall prepare a seniority list showing names, classifications, rates and employment dates of all em­ ployees in the bargaining unit, the list to be made available to the Union at the signing of the Agreement, and the Employer shall furnish to the Union a weekly s upplemental list showing all dele­ tions or additions to the seniority list, ARTICLE 21. SUNDAY WORK Section 1, All Sunday work will be paid for at the rate of time and one-half (1§) the regular rate of pay, and there will be no reduction in the workweek of employees who perform Sunday work. Section 2, There will be no discrimination against employees who refuse to work on Sundays and such Sunday work will be on a voluntary basis. Section 3, It will be the policy of the Employer to distribute such Sunday work on an equitable basis to those employees within a store, consistent with the needs of management in the proper operation of the store, ARTICLE 22. WORK SCHEDU1ES Section 1, The hours of work for each employee shall be scheduled by the Emplo3rer. Section 2. The Employer shall post a work schedule for all em­ ployees not later than U:00 P, M. Friday for the following week. Section 3. A full-time employee scheduled to work on a particular day shall be guaranteed the scheduled hours for that day, provided he reports to work as scheduled. Section 1;. No employee shall be required to accept time off as com­ pensation for overtime worked. Section 5. Any employee called into work on his scheduled day off shall be paid at the rate of time and one-half (1§) except in cases of epidemics or storms. This provision does not apply to part-time employees, however, all other overtime provisions shall apply. Part-time employees will cooperate with the Company by working unscheduled hours. The Company will not discriminate ( 1 3 ) ARTICLE 22 WORK SCHEDULES (Conb »d)_ against a part-time employee if he cannot work unscheduled hours for good reason. The Employer may schedule part-time employees six (6) days per week, ARTICLE 23. GUARANTEE TIME Section 1, Any employee except students reporting for work as re­ quested at a time other than scheduled, shall be guaranteed four (U) hours work or four (10 hours pay in lieu thereof. Section 2, School students, working AFTER school, shall be guaran­ teed two (2) hours work or two (2) hours pay in lieu thereof, ARTICLE 2lu NO SPLIT SHIFTS No employee shall be required to work a split shift schedule, ARTICLE 25o REST PERIODS The Employer agrees to grant all employees a fifteen (1$) minute rest period for each four hours worked, not to exceed two (2) rest periods in any one day, ARTICLE 26, HEAL PERIODS Effective Monday after ratification, the Employer may schedule an employee for meal periods without pay up to one (l) hour for lunch and one-half (■§•) hour for supper provided the employee is scheduled to work more than eight (8) hours in a day. This provision may apply for no more than two (2) days per week. On all days where an employee is scheduled to work eight (8) hours or less, the Employer may schedule an employee up to one (1) hour for lunch, or one-hal f (2) hour for lunch and one-half (§•) hour for supper per day. ARTICLE 27. TRANSFERS Section 1, In the event of any temporary transfer of any employee from one store to another resulting in additional traveling fare over the regular fare paid by such employee, such employee shall continue to pay the regular fare a nd the Employer agrees to pay one additional fare up to a maximum of 500 per trip or $1*00 per round trip for any one day. All further additional fares to be paid for by the employee* ARTICLE 2 7 . TRANSFERS (C orrb ’ d ) Section 2. No employee shall be required to take a transfer to a store outside the jurisdiction of the district manager’s area, except by mutual consent of the employee and the Employer -with a copy to the Union, ARTICLE 28. TOOLS Section 1. All tools and equipment shall be furnished by the Employer, Section 2, Uniforms shall be handled as provided by the Employer heretofore, except that two (2) "wash and wear" frocks per year will be furnished to the female full-time employees, (in this case, the female employees will launder their own frocks), and a free tie will be furnished each male employee, (If the tie is worn out and turned in to the Employer, it will be replaced. If it is lost, the employee will buy a replacement), ARTICLE 29. UNION STORE CARD Section 1. The Union agrees to furnish to t he Employer at least one (1) union store card for each of the Employer’s stores covered by this Agreement to be displayed on such public portion of the premises as the Employer may select. Such cards shall remain the property of and shall be surrendered to the Union upon demand, ARTICLE 30. VOTING TIME Section 1. During the General Elections (National and State) employees shall be granted reasonable time off, with pay, to vote, providing time off is necessary. Employee shall show proof of voting registration if required by Employer, ARTICLE 31. BULLETIN BOARDS Section 1. The Employer will provide a bulletin board in each sjbore. The Union may post notices necessary for conducting Union business with prior approval of the Employer, (IS) ARTICLE 3 2 . JURY DUTY Section 1. An employee who is called to jury duty shall receive the difference between jury duty pay and his base pay for those days on which he actually serves, providing he returns to his regular job on those days on which he does not serve, ARTICLE 33. FUNERAL LEAVE WITH PAY Section 1, In the case of the death of a parent, child, spouse, brother or sister, mother-in-law or father-in-law of a regular full­ time employee requiring the absence of said employee from his regular scheduled assignment for the purpose of preparing for and/or attending the funeral, then such employee shall be granted a leave of absence of up to three (3) days. Section 2. Where the employee1s normal time off (vacation, holidays, designated day off, etc.) falls within the three (3) day period, he will not receive pay for three (3) days, but only for those days which are normally scheduled for work. Under no circumstances, however, shall the application of this clause result in a change in the employee’s basic weekly salary. ARTICLE 3U. SEPARATION PAY Section 1. Any full-time employee separated from the Company for any reason other than proven dishonesty or quitting shall receive three (3) days notice or three (3) days pay in lieu thereof. ARTICLE 35. PREVIOUS EXPERIENCE Previous full-time employment experience in any like retail chain grocery business or previous Food Fair experience, shall be re­ cognized and the applicant for employment shall be started in the wage bracket for which the applicant’s previous experience qualifies him providing no prior service back of five years from the reemployment date shall be considered. In order to receive 1 credit for previous experience the applicant must state his ex­ perience at the time of being interviewed for employment and sub­ stantiated by the Employer. Falsifying of application shall be grounds for discharge of employee. ( 1 6 ) ARTICLE 3 > PREVIOUS EXPERIENCE ( C o n t ‘ d ) Previous part-time experience will be given full credit for part-time work, however, previous part-time experience will be given only 5>Q& for full-time work. ARTICLE 36. COMPANY MEETINGS All employees required to attend Corapany called meetings shall be compensated at their straight time hourly rate. Employees not scheduled to work immediately after the meeting shall get a minimum of one (1 ) hour of straight time pay. ARTICLE 37. STRIKES AND LOCKOUTS Section 1. It is mutually agreed by the parties to this Agreement that there shall be no authorized s trike or stoppage of work by the Union, nor shall there be any lockout by the Employer during the life of this Agreement, and that any difference or misunderstanding which may arise between t he contracting parties shall be amicably adjusted by and be­ tween the parties themselves, and if any difference or misunderstanding cannot be amicably adjusted by and between the parties themselves then the matter shall be referred to a Board of Arbitration as provided for in ARTICLE 6 hereof. Section 2. In the event of a threat of, preparation for, or the ac­ tuality of any unauthorized work stoppage, wAlkout or strike, the Union and all of its officials will take every reasonable action to pre­ vent and to stop such proceedings by any of its members* Section 3« In the event the Union s hould give official recognition to any picket line affecting the Employer, the Union will notify the Employer at least twenty-four (2JU) hours in advance of any partici­ pation by the Union. ARTICLE 38. FIRST AID KIT Section 1. The Employer shall install and keep supplied a first aid kit in each store, in such a place convenient and accessible to the em­ ployees in event of an accident or emergency which requires medical at­ tention. ( 1 7 ) ARTICLE 3 9 . RETROACTIVITY Section 1, Wage increases under this contract shall be retroactive to April 15, 1963* ARTICLE hO, MERIT RAISES No individual wage adjustment shall be made by the Employer except after consultation with, and consent of the Union, except as other­ wise provided for in this Agreement# ARTICLE Ll. MILITARY LEAVE The law governing leave of absence for military service shall prevail, and failure to abide by such law shall also be considered as a violation of this Agreement, ARTICLE hZ. WAGES ALL FULL-TIME EMPLOYEES ACROSS-THE-BOARD INCREASES Two Dollars ($2.00) per week effective April 15, 1963 Two Dollars ($2.00) » " «» April 13, 196h Two Dollars ($2.00) « « »* April 19, 1965 ALL PART-TIME EMPLOYEES (Not to include Utility Clerks) (WORKING LE.>S T I M 30 HOURS PER WEEK) Five Cents (50) per hour effective April 15. 1963 Five Cehts (50) » '« » April 1 3 1 9&U Five Cents (50) n 11 u April 19, 1965 NEW FULL-TIME PERSONNEL WAGE SCHEDULE DEPARTMENT MANAGERS - Full Time 1st 6 months of employment .. $80,00 per week 2nd 6 1 1 i t i t 85.00 " '» 3rd 6 n t i i t U-bh 90.00 » »6 1 1 1 1 1 1 th 93.00 » »5 6 1 1 i t n 95.00 » » FRONT END CLERIC - Full-Time 1st 6 months nd of employment .. $70.00 per week2 6 1 1 1 1 1 1 rd , 72.00 » »3 6 1 1 1 1 1 1 ijth 711.00 " '•6 i t 1 1 t i 5th 6 76.00 » »1 1 1 1 1 1 78.00 " » ( 1 8 ) ARTICLE h2 WAGES (Cont«d) HEAD CASHIERS - Full Time 1st 6 months of employment «........................ $6U«00 per week 2nd 6 >' » « 66.00 » " 3rd 6 » » » 68.00 » " Uth 6 '• « " 70.00 » '» 5th 6 » it it 72.00 '» » GENERAL CLERKS - Full-Time* 1st 6 months of employment ........................ .055 *00 per week 2nd 6 » « >' 58.00 '» » 3rd 6 » » » 63.00 » «» Uth 6 » » » 65.50 « " 5th 6 '» n '• 68.00 » » CLERKS - Full-Time 1st 6 months of employment ...................... ..050.00 per week 2nd 6 » « » 52.50 " " 3rd 6 '» » » 55.00 11 '» Uth 6 » » n 57.50 » '» 5th 6 » » » 60.00 " " PORTERS - Full Time 1st 6 months of employment ......................... .$50.00 per week 2nd 6 «» » '» 51.50 " " 3rd 6 » " " 53.00 « '» Uth 6 •» » » 55.00 " " * Full-time Night Grocer;’ General Clerks shall receive $5.00 per week above their day rate. Full-time Night Grocery Crew Chiefs shall receive $10.00 per week above their day rate. FULL-TIME EMPLOYEES ON PAYROLL AFRIL 15. 1963 The above across-the-board increases shall apply t o employees who are receiving a salary at or above the new progression maximum of thoir job classification. Employees below the new maximum of their job classification will slot into the progression at the next higher rate above their salary on April 15, 1963, or receive the across-the-board increase whichever is higher* Wherever the new salary is, he shall remain there for six (6) months, at which time he will move to the next higher progression salary above said new salary, rather than on the basis of full past service. FULL-TIME EMPLOYEES HIRED AFTER -APRIL 15, 1963 These employees will receive the across-the board increases based on the above schedule, ^he progression increase immediately after the across- the-board increase will be computed by deducting the across-the-board increase from the amount of the progression increase as set out in the appropriate progression schedule. (T9) ARTICLE h2 WAGES (C o rrt»d ) PART-TIME MALE AND FEMALE EMPLOYEES (Except Utility Clerks) Part-time male and female employees will be hired and paid on a pro rata hourly basis* In order for part-time employees to receive their automa­ tic increases referred to in the Personnel Wage Schedule, they must work the equivalent number of hours a full-time clerk works in six months** Furthermore, the rules set forth immediately above which apply to full­ time employees are also applicable to part-time employees* * For Example:- 26 x I4O hours » 10ii0 hours. UTILITY CLERKS ** Effective UA5/63 Part-Time Bag Boys ........... ) *** $1*10 per hour-10i;0 hours Full Time Bag Boys under 20 years ) li20 « » 10ii0 » old .................... ) i ;25 » " 10U0 » Present agreed upon handicapped ) 1,30 •» 11 10UO " full-time Bag Boys (Letter of ) understanding) .............. ) -*?«(• Effective 9/3/6U, the $1*10 rate increases to $1,15 per hr. Transition of Full-Time Bag Boys 20 Years Old and Over into the Full-Time Seneral Clerk Job Effective April 15, 1963 ......................... $1*10 per hour Effective First day of week after ratification: 1 st 2 months ....................... 1*20 " " 2nd 2 months ............................ 1*25 " " 3rd 2 '' 1.30 « « 7th through 12th month ...... $55*00 per week 13th « 18th » 58,00 » » 19th » 2i|th " 63*00 " » 25th '» 30th » 65.50 » '» 31st » 36th » 68.00 » '» ** (1) Present employees at $1.00 per hour as of April 15, 1963, will be slotted into the Utility Clerk Job Classification progression or the above transition progression at the $1,10 per hour rate, and progress into the next higher progression steps on the basis of the times set forth, (2) Present employees earning over $1,00 per hour as of April 15, 1963, will be granted a ten (10$) cent per hour wage increase, or slotted into the next higher progression step of the Utility Clerk Job Classifica­ tion or the above transition progression, whichever is the higher, and progress into the next higher progression steps on the basis of the times, set forth. (3) Employees will be slotted on the basis of salary rather than on the basis of service. (20) ARTICLE U 2. WAGES (Cont»d) (U) Hereafter, Bag Boy Job Classifications will no longer exist# Instead, they will be Utility Clerks, or General Clerks if full-time and 20 years old and over. Hence, former job duty restrictions are no longer applicable to Utility Clerks. Furthermore, the above transition from Full-time Bag Boys 20 years old and over to the General Clerk Job Classification will anply only one time, namely, from the ratification date for a period of six (6) months. Thereafter, Full-time Utility Clerks who reach 20 years of age will automatically move to the &35.00 per week minimum rate of the General Clerk progression. ARTICLE U3, CASH REGISTER CLAUSE Section 1. Checkers, cashiers, handling cash, must have their own register till; no employee shall be responsible for shortages in a cash drawer unless he or she has been given the privilege of counting his cash and has been given his register readings before and after the cash has been counted. Only one (1) employee shall be empowered to ring up on a cash drawer for which he or she is responsible. Section 2. In the event that attrition creates a department manager vacancy, the Employer and the Union m i l jointly discuss and decide whether such vacancy shall continue. The Union agrees to give due and proper consideration to the Employer position in such matter. If the parties are unable to agree, said vacancy must be filled within thirty (30) days from the date the vacancy occurs. ARTICLE Wi. EXPIRATION This Agreement shall contine in effect from April l£, 1963 to April 18, 1966, and continue in effect from year to year thereafter unless either party notifies the other party sixty (60) days prior to ex­ piration date, or any anniversary date thereafter, of their desire to terminate or open the Agreement for the purpose of amendments and/or changes. ( 2 1 ) In witness thereof the said parties execute this Agreement this day of October__________ 1963. FOR THE EMPLOYER; FOR THE UNION;* (Signed) J, Arvid Jonsson (Signed) Antonio Goncalves (Signed). Herman Stein (Signed) Rudy Huling (Sienedl. .Eric G. Jacobsen (Signed) Emanuel Lovenworth (Signed) Paul J, Daegling -.... (Signed) Margaret Pettigrew (Signed) LaDoma Grubbs . ... (Signed) Arthur Corsini (Signed) William: Travis BLS 2 45 1a - 1 s t • • Budget Bureau No. 44 R 003.ll ■ Approval expires March 31.J967 APR 27 1965 U.S. DEPARTMENT OF LABOR B U R EA U O F LA B O R S T A T IS T IC S W a s h i n g t o n , D.C. 20210 January 5, 1965 Food Fair Stores, Inc. 7000 N. W. - 32nd Street Miami, Florida Gentlemen: The Bureau of Labor Statistics maintains a file of selected union agree­ ments for government and public use. These agreements are also regularly used in the preparation of studies of contract provisions. We will appreciate receiving a copy of your current agreem ent(s), identified below, together with any related supplements or wage schedules. Copy of current union agreement with the Retail Clerks International Association #1625, covering Food Fair Stores, Inc. and Frederich's Markets. For statistical purposes, we also need the information requested below. You may return this form and your agreement in the enclosed envelope which re ­ quires no postage. If no agreement is in effect, please note and return the form . The file is available for your use, as provided by Section 211 of the Labor Management Relations Act of 1947, except for m aterial submitted with a restriction on public inspection. If you want to be kept informed of the studies we prepare, check the appropriate box below. If more than one agreement is negotiated, please provide information separately for each agreement on the back of this form . 1. NUMBER OF EM PLOYEES NORM ALLY COVERED BY AGREEM ENT 1200 2. Name and location of establishment covered by agreement (if different from mailing address shown above) _________________________________ 3. Product, service, or type of business Supermarket Notify me when new BLS collective bargaining agreement studies are issued Q ; Mr. Richard D. Stickney___________________ Director, Industrial Relations (Your name) (P osition ) 7000 N. W. 32nd Avenue Miami, Florida (Street) (City and State)