*. •* ’ SPOKANE FOOD AGREEMENT 1978 - 1981 T h is Agreement made and entered in to t h i s ________ day of _________________ , 1978 between the R e ta il C le rk s Union, Local 1439, chartered by R e ta il C le rk s In te rn a t ion a l Union, AFL-CIO, party of the f i r s t p a rt , h e re in a fte r re fe rred to as the Union, and ________________________________________________________ , i t s su cce sso rs and/or a s s ig n s , party of the second pa rt, h e re in a fte r re fe rred to as the Employer, agree: That fo r the mutual bene fit of the p a rt ie s hereto, the fo llo w in g s h a l l be the sca le of wages, the lim ita t io n s of hours, and the ru le s and working c o n d it io n s to be observed by both p a rt ie s to t h i s Agreement, to become e ffe c t iv e June 25, 1978 through June 27, 1981. ARTICLE I - RECOGNITION l . l The Employer hereby recogn ize s du ring the term of t h i s Agreement RETAIL CLERKS UNION, LOCAL NO. 1439, RETAIL CLERKS INTERNATIONAL UNION, AFL-CIO , as the so le and e x c lu s iv e c o l le c t iv e ba rga in ing agency fo r a u n it c o n s is t in g of a l l employees whose c la s s i f ic a t io n s of employment are se t fo rth herein in a l l s to re s of the Em ployers' present and fu tu re re ta il e stab lishm ents located in Spokane m etropolitan area and v ic in i t y w ith in the ju r i s d ic t io n of Local 1439, w ith re spect to ra te s of pay, hours, and other co n d it io n s of employment. ARTICLE -U N IO N SECURITY 2.1 It sh a ll be a con d it io n of employment th a t a l l employees of the Employer it \ covered by t h i s Agreement who are members of the Union in good stand ing on the e ffe c t iv e date of t h i s Agreement sh a ll remain members in good stan d in g , and those vZ who are not members on the e f fe c t iv e date of t h i s Agreement s h a l l , on the t h i r t ie t h v >(30th) day fo llo w in g the e f fe c t iv e date of t h i s Agreement, become and remain members in good stand ing in the Union. I t sh a ll a ls o be a cond it io n of employment tha t a l l & employees covered by t h i s Agreement and h ired on o r a f te r i t s e f fe c t iv e date s h a l l , on the t h ir t ie t h (30th) day fo llo w in g the beginning of such employment, become and remain members in good stand ing in the Union. For the purpose o f t h i s A r t t c le , the execution date of t h i s Agreement sh a ll be considered as i t s e f fe c t iv e date. The % Employer sh a ll d ischa rge any employee w ith in f iv e (5) days a f te r n o t if ic a t io n as to whom the Union, through i t s o f f ic e r o r o f f ic e r s , d e liv e r s to the Employer a w ritten notice that such employee is not in good stand ing in con form ity w ith t h i s Section . Good stand ing sh a ll be defined as the tendering of the un ifo rm ly requ ired p e r io d ic dues and in it ia t io n fees. \ 2.2 The Employer agrees th a t the manager o r a s s is t a n t manager in each sto re ^ s h a l l , upon request, make a v a ila b le to the Union a l i s t of the names, hours worked, * and hourly ra te s of pay of a l l employees of the ba rga in in g u n it. *2' ARTICLE I I I - EXEMPTIONS 3. I A bona f id e sto re owner o r sto re manager sh a ll not be requ ired to be a member of the Union. ^ <07 ARTICLE 111 - EXEMPTIONS (continued) 3.2 In s to re s employing members of the ba rga in in g u n it 360 o r more hours per week, an a s s is t a n t manager may a lso be exempt. Such exemption sh a ll remain in f u l l force and e ffe c t so long as the Employer con tinues to employ members of the ba rga in ing u n it 360 hours per week, e x c lu s iv e of the hours worked by the A s s is t a n t Manager. ARTICLE IV - DISCHARGE 4.1 No employee sh a l l be d is c ip l in e d or d ischarged except fo r ju s t cause, provided, however, that the Employer sh a ll be the judge o f the competency and q u a l if ic a t io n s of h is employees, and provided fu rth e r th a t no employee sh a l l be 4 , discharged or d isc r im ina ted a ga in st fo r any lawful Union a c t iv i t y o r fo r perform ing /y se rv ice on a Union committee ou ts id e of bu s in e ss hours o r fo r re p o rt in g to the Union the v io la t io n of any p ro v is io n s of t h i s Agreement. I t i s agreed th a t , upon request, the rep re sen ta tive of the Union w i l l be g iven the reason fo r d isch a rge in w r it in g . A committee o f not le ss than two 62) rep re sen ta tive s from the Employer and two (2) re p re se n ta t ive s from R e ta il C le rk s Union, Local 1439, s h a l l review any case of d ischa rge in the event e ith e r pa rty d e s ire s such a review. The Employer has s ix t y C60) days a f te r the in i t i a l date of h ire to eva luate an employee fo r continuous employment. W ithin the s ix t y (60) day period the Employer may term inate the employee w ithout recourse from the Union. ARTICLE V - HOURS AI work performed in excess of f o r t y (40) hours per week, f iv e (5) days per week, e ig h t (8) hours in one ( I ) day, sh a l l be paid fo r a t time and one -ha lf ( I ? ) the em ployee 's s t ra ig h t - t im e hou rly rate of pay. There s h a ll be an in te rva l of not le ss than ten (10) hours between re gu la r s h i f t s fo r a l l employees. An employee who i s not allowed one ( I ) ten (10) hour in te rva l between re gu la r s h i f t s sh a ll be paid at the rate of time and one -ha lf ( I ? ) fo r time worked p r io r to the e xp ira t io n of the ten (10) hour in te rv a l. 5.2 Pa rt-t im e employees working s i x (6) days per week s h a l l re ce ive time and one -ha lf (1^) fo r hours worked on the sh o rte st day of employment. 5.3 Employees working over f iv e (5) con secu tive hours s h a l l be e n t it le d to a lunch period o f not le ss than on e -ha lf ( ? ) hour nor more than one ( I ) hour. Lunch pe riod s sh a l l be posted and follow ed as n ea rly as p ra c t ic a l. Such lunch period sh a ll be scheduled not e a r l ie r than two (2) hours, nor la te r than f iv e (5) hours a fte r the commencement of an em ployee 's work s h i f t . 5 .4 There sh a ll be a re s t period of at le a st ten (10) m inutes in every con­ t in u o u s fou r (4) hour period of employment. In the event th a t the one ( I ) s h i f t sh a l l be le ss than four (4) hours and the other s h i f t sh a l l be fou r (4) hours o r more, there sh a ll be on ly one ( I ) re s t period of f if te e n (15) m inutes in the longer s h i f t . A l l r e s t pe rioH s sh a ll be on the Em p loye r 's time and sh a ll cover time from stopp ing work and re tu rn in g the re to. R e lie f p e rio d s s h a l l be un in te rrup ted i f p o ss ib le . 5.5 The checking of monies and cash r e g is t e r s s h a l l be done on the Em p loye r 's time. 5.6 No employee Sh a ll be requ ired t o take time o f f in lieu of overtim e pay. - 2 - ARTICLE V - HOURS (continued) 5.7 Weekly work schedules fo r employees sh a ll be posted by the Employer no la ter than 6:00 P.M. Thursday before the s t a r t of the work week, and any a lte ra t io n in such work schedule changing the employees' days o f f must be made not la te r then Saturday noon. I t i s understood th a t the e sta b lish e d work schedule may be changed as requ ired by unexpected developments, such as i l l n e s s of employees, acc iden ts, reduction in bu sine ss, etc. Scheduled changes which reduce an em ployee 's hours a fte r an employee has reported to duty as scheduled w il l be made on ly in ca se s o f emergency. The work schedule (made out in ink) w ill include the name of the employee, s ta r t in g time and ending time, and days o ff . 5.8 No employee sh a ll be requ ired to work a s p l i t s h i f t . 5.9 No employee, other than Helper C le rk , sh a ll be requ ired to work le ss than fou r (4) continuous hours in any one day on which ordered to repo rt fo r work i f they report on time and are a v a ila b le fo r such hours. 5.10 There sh a ll be no " f r e e " o r "tim e o f f the c lo c k " work p ra c t ic e s under t h i s Agreement. Any employee found by the Employer o r the Union to be engaging in such unauthorized p rac tice sh a l l be sub ject to d is c ip l in e , which may include t e r ­ m ination. ARTICLE VI - HOLIDAYS 6.1 The fo llo w in g days s h a ll be considered as h o lid a y s fo r nonprobationary employees: New Y e a r 's Day ^ Labor Day Memorial Day T hanksg iv ing Day Independence Day Christm as Day H o lid ays set fo rth in A r t ic le V I, Paragraph 6.1 sh a l l be observed as h o lid a y s on the date e stab lish e d fo r each by c o n t ro l l in g Federal law except fo r New Y e a r 's Day, which sh a ll be observed on January 1st, and Christm as Day, which sh a l l be observed on December 25th. 6.2 Employees w ith one ( I ) year of continuous se rv ic e w ith the Employer sh a ll rece ive th e ir B irthday as a paid ho liday. By mutual agreement between the Employer and employee, the employee may rece ive payment in lieu of such ho lid ay in accordance w ith A r t ic le V I, Paragraphs 6.3 and 6 .3 .1 . Employees s h a ll g iv e the Employer a t h i r t y (30) day notice p r io r to t h e ir b irthday. The b irthday s h a ll be observed w ith in t h i r t y (30) days of the em ployee 's b irthday on a m utually agreeable day. In the event the em ployee 's b irthday f a l l s on the same day as any o f the ho lid a y s as sp e c if ie d in Paragraph 6.1 of t h i s A r t ic le , the em ployee 's b irthday w il l be ce lebrated on another day in accordance w ith the procedure se t fo rth in the p re v io u s sentence. 6.3 Employees who average twelve (12) hours o r more per week and who work during the week in which the ho liday occu rs, and repo rt fo r work t h o ir la s t scheduled working day preceding and t h e ir next scheduled working day immediately fo llo w in g the ho liday, sh a ll be paid fo r h o lid a y s sp e c if ie d in Paragraphs 6.1 and 5 .2 of t h i s A r t ic le , not worked, on the fo llo w in g b a s is : - 3 - ARTICLE VI - HOLIDAYS (continued) HOURS NORMALLY WORKED PERW EEK AND HOURS OF HOLIDAY PAY 12-24 hours - 4 hours pay 24-32 hours - 6 hours pay 32 or more hours - 8 hours pay 6.3.1 The requirement to work some time du rin g the ho liday week sh a ll be waived when the in vo lun ta ry absence i s due to a bona f id e i l l n e s s o r in ju ry , provided th a t the employee has worked w ith in the seven (7) ca lendar days pre­ ceding the ho liday and w ith in the seven (7) ca lendar days fo llo w in g the ho liday. 6 .4 H o lid ays, e ith e r worked o r not worked, s h a l l not be considered as days worked fo r the purpose of computing weekly overtim e except in the case of employees who norm ally work s i x (6) days per week, t o t a l in g at le a st f o r t y - fo u r (44) hours per week. In the case of the em ployee 's b irthday , the week in which the b irthday is observed sh a ll be considered as the ho lid ay week. 6.5 No employee sh a ll be requ ired to work on T hanksg iv in g o r Christm as. If there are in s u f f ic ie n t vo lu n tee rs to p rope rly operate the sto re , then employees w il l be scheduled v ia inve rse se n io r it y . No employee sh a l l be requ ired to work past 7:00 P.M. on Christm as Eve. 6 .6 Employees who q u a l if y fo r ho liday pay as sp e c if ie d in Paragraph 6 .3 of t h i s A r t ic le V I, sh a ll be paid time and on e -ha lf ( I ? ) in ad d it io n to such ho liday pay \x fo r work performed on h o lid ay s named in Paragraph 6.1 of t h i s A r f ic le . Employees who do not q u a lify fo r h o lid ay s pursuant to Paragraph 6.3 of t h i s A r t ic le VI sh a l l rece ive time and one -ha lf Cl£) fo r work performed on such h o lid a y s , provided t h i s sh a ll not apply to the em ployee 's b irthday. ARTICLE V I I - VACATIONS 7.1 Employees who have worked w ith the same Employer one ( I ) year (a fte r the f i r s t year of continuous work) sh a l l be e n t it le d to a vacation w ith pay at t h e ir s t ra ig h t -t im e hourly ra te , based upon the number o f hours worked in the preceding twelve (12) months a s fo llo w s: Hours Worked Hours of Pa id Vacation S M \ 1000 to I 199 20 1200 to 1599 24 1600 to 2039 32 2040 to 2287 40 2288 to 2495 44 2496 o r more 48 7.2 Employees who have worked w ith the same Employer two (2) yea rs and each subsequent ann ive rsa ry date o f t h e ir work to the e igh th (8th) a n n ive rsa ry date of t h e ir work (a fte r the second and each subsequent year to the e ig h th year o f continuous work), sh a ll be e n t it le d to a vacation w ith pay at t h e ir s t ra ig h t - t im e hou rly ra te , based upon the number of hours worked in the preceding twelve (12) months as fo llo w s: - 4 - c ? y T ART, IC-L-E- —V I-I- ----- --V-AC-̂-A--T IO- NS --(-c--o n-t -i-n--u-e--d--) . Hours Worked Hours o f Paid Vacation 1000 to i 199 40 1200 to 1599 48 1600 to 2039 64 2040 to 2287 80 2288 to 2495 88 2496 or more 96 7.2.1 Employees who average twenty (20) hours o r more per week, who t e r ­ minate o r are term inated (d ischa rge fo r d ish one sty excepted) a f te r the f i r s t o r any subsequent ann ive rsa ry date of th e ir work up to the e igh th (8th) ann ive rsa ry date of t h e ir employment and p r io r to t h e ir next ann ive rsa ry date of work, sh a ll be e n t it le d to vacation pay at t h e ir s t ra ig h t -t im e hou rly rate based upon the number of hours worked s in ce the la s t ann ive rsa ry date o f t h e ir work at the rate o f e ig h t (8) hours vacation pay fo r each f u l l two hundred (200) hours worked. 7.3 Employees who have worked with the same Employer e ig h t (8) years and each subsequent ann ive rsa ry date of t h e ir work to the fourteenth (14th) ann ive rsa ry date of t h e ir work, sh a ll be e n t it le d to vacation w ith pay at t h e ir s t ra ig h t - t im e hourly rate, based upon the number of hours worked in the preceding twelve (12) months as fo llow s: Hours Worked Hours of Paid 1000 to 1199 60 1200 to 1599 72 1600 to 2039 96 2040 to 2287 120 2288 to 2495 132 2496 o r more 144 7.3.1 Employees who average twenty (20) hours o r more pe r week, who t e r ­ minate or are term inated (d isch a rge s fo r d ishone sty excepted) a f t e r the e ighth (8th) o r any subsequent ann ive rsa ry date of t h e ir work up to t h e ir fourteenth (14th) year of work, sh a ll be e n t it le d to vacation pay at t h e ir s t ra ig h t -t im e hourly ra te , based upon the number of hours worked s in ce the la s t ann ive rsa ry date of t h e ir work at the ra te of twelve (12) hours vacation pay fo r each fu l l two hundred (200) hours worked. 7.4 Employees who have worked w ith the same Employer fourteen (14) years and each subsequent ann ive rsa ry date of t h e ir work (a fte r the fou rteenth (14th) and each year subsequent o f continuous work) s h a lI be e n t it le d to vacation w ith pay at t h e ir s t ra ig h t-t im e hourly ra te , based upon the number o f hours worked in the pre­ ceding twelve (12) months as fo llo w s: Hours Worked Hours o f Paid Vacation 1000 to 1199 80 1200 to 1599 96 1600 to 2039 128 2040 to 2287 160 2288 to 2495 176 2496 or more 192 - 5 - r ARTICLE V t 1 - VACATIONS (continued) 7.4.1 Employees who average twenty (20) hours or more per week, who t e r ­ minate o r are term inated (d ischa rge fo r d ishone sty excepted) a f te r the fourteenth (14th) o r any subsequent ann ive rsa ry date of t h e ir work and p r io r to th e ir next ann ive rsa ry date of work, s h a ll be e n t it le d to vacation pay at t h e ir s t ra ig h t-t im e hourly rate based upon the number of hours worked s in ce the la s t ann ive rsa ry date of t h e ir work at the rate of s ix teen (16) hours vacation pay fo r each f u l l two hundred (200) hours worked. 7.5 Vacation may not be waived by employees nor may e x tra pay be received fo r work during that pe riod , provided, however, th a t by p r io r mutual agreement between the Employer, employee, and Union t h i s p ro v is io n may be waived. 7.6 Employees whose vaca tio n s are scheduled during a ho lid ay week sh a ll rece ive ho liday pay provided fo r under the terms of A r t ic le VI of t h i s Agreement in add it ion to vacation pay, o r sh a ll be given an a d d it io n a l day o f f at the option of the EmpI oyer. 7.7 I t I s hereby understood and agreed th a t In computing "h o u rs o f paid vaca tio n " f o r employees who re g u la r ly appear on the p a y ro ll fo r th ir t y - tw o (32) o r more hours per week, the terms of Paragraphs 7 .1 , 7 .2 , 7 .3 , 7 .4 o f A r t ic le V I I sh a ll be app lied so th a t working time lo s t up to a maximum of one hundred twenty (120) hours due to temporary la yo ff, v e r if ie d ca se s of s ic k n e s s o r acc id en t, o r other absence from work approved by the Employer ( in ad d it io n to vaca tion and ho liday time o f f earned and taken by the employee), s h a ll be counted as time worked. 7.8 Employees sh a ll be paid earned vacation pay p ro -ra ted to the time of sa le or t ra n s fe r of the s e l l in g employer. 7.9 Employees in a sto re o r se c tion s h a l l be g iven preference in the choice of vacation dates based upon s e n io r it y . 7.10 Earned vacation pay s h a l l be paid to the employee p r io r to the s t a r t of h is vacation provided the employee requests the pay fourteen (14) days p r io r to h is vacat i on. 7 . 11 Employees e n t it le d to two (2) o r more weeks vacation may take two (2) weeks vacation con se cu tive ly . 7.12 Vacation s sh a ll not be accrued from year to year and a l l earned vacation must be taken w ith in the an n ive rsa ry year of the employee. ARTICLE V I I I - SENIORITY 8.1 Employees w il l a tta in s e n io r it y a f te r n in e ty (90) days of continuous se rv ic e w ith one Employer. Upon com pletion o f t h i s pe riod , s e n io r it y sh a ll date back to the date of h ire . S e n io r it y s h a ll be a p p lic ab le on an in d iv id u a l sto re b a s is and sh a ll app ly in the reduction of the number of employees perform ing compar­ able work, and the la s t employee h ired sh a l l be the f i r s t employee la id o f f or re ca lle d , provided q u a l i f ic a t io n s and a b i l i t y are equal. S e n io r it y s h a l l be defined as length of continuous employment w ith the same in d iv id u a l employer. Noth ing herein sh a ll be construed to requ ire pay fo r the time not a c tu a l ly worked. - 6 - ARTICLE VI ( I - SENIORITY (continued) . 8.2 • An em ployee 's s e n io r it y sh a ll be broken by Cl) vo lu n ta ry q u it ; (2) d i s ­ charge; (3) layo ff in excess o f 90 days; (4) absence caused by i l l n e s s o r nonoccupa- t io n a l accident of more than s ix t y (60) consecutive days u n le ss m utually extended as provided in A r t ic le X IX ; (5) absence caused by an occupational acc ident of more than twelve (12) consecutive months, un le ss a longer time i s agreed upon between the Employer and the Union; (6) f a i lu r e to report to work immediately fo llo w in g an authorized leave of absence. S e n io r it y w il l not be broken by any employee on an approved leave of absence; however, s e n io r it y sh a l l not accumulate w hile on such leave granted by the Employer. 8.3 An em ployee 's s e n io r it y sh a ll not be broken i f the Employer t ra n s fe r s the employee to a d if fe re n t sto re of the same Employer covered by t h i s Agreement. 8.4 In the event an Employer term inates the operation of one of i t s s to re s in the ba rga in ing u n it , the Employer sh a ll t r a n s fe r such a ffected employees in accordance with the terms of Paragraph 8.3. 8.5 The Employer may arrange weekly work schedules to accommodate the needs of the business,and se n io r employees perform ing comparable work sh a l l be offered the most weekly hours up to a maximum of fo rty (40) hours per week, provided qua l­ i f ic a t io n s and a b i l i t y are equal, the se n io r employee i s a v a ila b le to perform the work, and the employee has n o t if ie d management in w r it in g of h is o r her d e s ire fo r add itiona l hours o f work. Regu lar employees sh a ll not have t h e ir hours a r b i t r a r i l y reduced fo r the so le purpose of in c re a s in g the work hours of pa rt-tim e employees. Nothing herein sh a ll be construed as a guarantee of d a ily o r weekly hours of work or to requ ire pay fo r time not a c tu a lly worked. ARTICLE IX - EXPERIENCE 9.1 P re v iou s provable comparable experience of new or reh ired employees in the R e ta il Grocery Industry sh a ll be considered provided such pa st experience i s claimed by the employee on h is/he r employment a p p lic a t io n , se tt in g fo rth the past experience being claimed. Such past experience sh a ll be considered in the fo llow in g manner: 9.1.1 Apprentice: I f le ss than 2 yea rs has e lapsed s in ce la s t employed in comparable experience, f u l l c re d it i s g iven ; i f more than 2 yea rs, no c re d it sh a l l be g iven. 9 .1 .2 Journeyman: I f le ss than 2 years has e lapsed, employee sh a l l be considered a Journeyman; i f 2 -3 years has e lap sed, employee sh a ll be considered a Se n io r Apprentice; i f 3 -4 years has e lap sed, the employee sh a ll be considered a Ju n io r Apprentice fo r a period of 3 months, then given Se n io r Apprentice rate fo r 5 months, then g iven Journeyman rate. 9 .1 .3 I f more than 4 years has e lap sed, no c re d it sh a l l be g iven. 9.2 The burden of p ro v id in g the proof of p rev iou s comparable experience re st s s o le ly w ith the employee. Should the employee f a i l to produce proof of p rev iou s experience which would cause a change in the wage rate a ssigned by the Employer w ith in t h ir t y (30) days of employment, then any adjustment to be made In the em ployee 's wage rate need on ly be made p ro sp e c t ive ly from the date such proof i s f i n a l l y provided. - 7 - ARTICLE IX - EXPERIENCE (continued) 9.3 The p a rt ie s recognize and agree tha t the c la s s i f i c a t io n s o f Journeyman in t h i s Agreement requ ire s k i l l , knowledge, experience, and a b i l i t y which can on ly be acquired by t r a in in g and work on the job in a r e t a i l food sto re under the d ire c t io n and su p e rv is io n of the Employer. A cco rd ing ly , p ro v is io n i s made in t h i s Agreement fo r advancement through Apprentice c la s s i f i c a t io n s on the b a s is of actua l hours worked fo r the Employer and apprentice s w il l be promoted upon s a t is fa c t o r y comple­ t io n of the period of employment t r a in in g se t fo rth in t h i s Agreement. ARTICLE X - FUNERAL LEAVE 10 .1 A fte r t h e ir f i r s t year of employment, employees who are re g u la r ly employed twenty (20) hours or more per week sh a l l be allowed up to th ree (3) days o f f w ith pay fo r lo ss of t h e ir normal scheduled hours of work du rin g the th ree (3) ca lendar days commencing with or immediately fo llo w in g the date o f death of a member of t h e ir immediate fam ily , provided the employee attends the fu n e ra l. Funeral leave w il l be paid on ly w ith respect to a work day on which the employee would otherw ise have worked and sh a ll not apply to an em ployee 's scheduled days o f f , h o lid a y s , va ca tio n s, or any other day in which the employee would not, in any event, have worked. Scheduled days o f f w il l not be changed to avoid payment o f funera l leave. Funeral leave sh a ll be paid at the em ployee 's re gu la r s t ra ig h t -t im e hourly ra te . Immediate fam ily sh a ll be defined as spouse, son, daughter, fa th e r, mother, b ro ther, s i s t e r , fa th e r- and m other-in-law of present spouse, and grandparents. ARTICLE XI - JURY DUTY SERVICE AND WITNESS SERVICE 11.1 A fte r t h e ir f i r s t year of employment, employees who are re g u la r ly employed twenty (20) hours o r more per week who are c a lle d fo r se rv ic e on a Su p e rio r Court o r Federal D i s t r i c t Court ju ry , sh a ll be excused from work fo r the days on which they serve and sh a ll be paid the d iffe re n ce between the to ta l amount received fo r such se rv ice and the amount of s t ra ig h t - t im e e a rn in g s lo s t by reason o f such se rv ic e , up to a lim it o f e ig h t (8) hours per day and fo r ty (40) hours per week, w ith a to ta l lim it of twenty (20) working days. Nothing in t h i s se c t io n sh a l l have the in tent of l im it in g the amount o f time an employee may serve. I I . 1.1 An employee ca lle d fo r ju ry duty who i s term porari ly excused from attendance at the cou rt must repo rt fo r work i f s u f f ic ie n t time remains a f te r such excuse to perm it him to repo rt to h is p lace o f work and work at least one -ha lf (£) of h is normal work day. I 1.1.2 In order to be e l ig ib le fo r such payments, the employee must fu rn ish a w ritten statement from the appropria te p u b lic o f f i c i a l showing the date and time served and the amount of ju ry pay rece ived. 11.1.3 Employees c a lle d fo r ju ry duty and who have been so engaged fo r e ig h t (8) hours th a t day and who are scheduled to commence work at o r a fte r 6:00 P.M. on such day, sh a ll not be requ ired to repo rt to work th a t day. 11.2 Employees requ ired to appear in cou rt o r in legal p roceed ings on beha lf of t h e ir employer sh a l l rece ive compensation at t h e ir re gu la r s t ra ig h t - t im e hourly rate of pay fo r the time spent in making such appearance, le ss any w itne ss fees received. ARTICLE X Ij - INDUSTRIAL INSURANCE 12.1 ’ The Employer agrees to p lace a l l members of the ba rga in in g u n it under the p ro v is io n s of the In d u s t r ia l Insurance Act of the State of W ashington, o r to provide equ iva len t coverage through a p r iva te c a r r ie r se lected by the Employer. If equ iva lent coverage i s e lected , the Employer agrees to fu rn ish evidence o f such coverage upon request of the Union. ARTICLE X I I I - SAVINGS CLAUSE ^ 13.1 Any p ro v is io n of t h i s Agreement which may be adjudged by a cou rt of la s t re so rt to be in c o n f l ic t w ith any Federal o r Sta te law sh a ll become inope ra tive to the extent and duration of such c o n f l ic t . S ince i t i s not the in ten t of e ith e r party hereto to v io la te any such laws, i t i s agreed tha t in the event of a c o n f l ic t between any p ro v is io n of t h i s Agreement and such Federal o r Sta te law, the remainder of t h is Agreement sh a ll remain in f u l l force and e ffe c t. The Employer and the Union agree that su b st itu te p ro v is io n s sh a ll be w ritten w ith in t h i r t y (30) days to replace those p ro v is io n s coming in to c o n f l ic t w ith the laws herein described. ARTICLE X IV - WEARING APPAREL 14.1 Aprons, un iform s, or any spec ia l wearing apparel requ ired by the Employer, not su ited fo r re gu la r s t re e t wear, sh a ll be fu rn ished and laundered by the Employer. 14.2 D rip -d ry apparel fu rn ished by the Employer sh a ll be laundered by the employee. 14.3 The Employer agrees to p rovide p ro te c tive ra in ja ck e ts fo r employees at the sto re . ARTICLE XV - WAGE STATEMENTS 15.1 The Employer agrees to fu rn ish each employee fo r every pay period a statement se t t in g fo rth the inform ation re la t iv e to hourly ra te s of pay, hours worked, e tc . , in accordance w ith the recordkeeping requirem ents as e sta b lish e d in the State of Washington Minimum Wage Act. ARTICLE XVI - STORE V IS IT S 16.1 A fte r making t h e ir presence known to the manager o r, in h is/h e r absence, the person In charge, rep re sen ta tive s of the Union sh a l l have the r ig h t to contact employees during sto re hours so long as c a l l s sh a ll not in te rfe re w ith the proper se rv ice to customers. ARTICLE X V II - STORE CARDS 17.1 The Union agrees, in con side ra t io n of the s ig n in g of t h i s Agreement by the Employer and fo r the period of the good and f a it h fu l performance o f i t s covenants and p ro v is io n s by the Employer, to issue to each sto re represented by the Employer a Union Store Card, the property of the R e ta il C le rk s In te rn a t ion a l Union, AFL-CIO. Sa id card to be d isp layed in a prominent place in the sto re . Sa id card sh a l l on ly be removed i f the Employer f a i l s to comply w ith the f in a l d e c is io n of an a rb it ra t o r reached in accordance with the p ro v is io n s of t h i s Agreement. - 9 - ARTICLE XVI I I - LEAVE OF ABSENCE 18.1 Regu lar employees w ith one ( I ) year o r more of con tinuous se rv ic e sh a ll be e n t it le d to a leave of absence w ithout pay fo r the fo llo w in g bona f id e reasons: 18 .I . I I l ln e s s or nonoccupationaI in ju ry which req u ire s absence from work fo r more than f if te e n (15) days; /• // 18.1.2 Pregnancy; 18.1.3 Se r io u s i l ln e s s , in ju ry , or death in the em ployee 's immediate fam ily , which leave w il l not exceed t h i r t y (30) days; 18.1.4 Leaves due to occupational in j u r ie s sh a l l be granted fo r pe riod s up to twelve (12) months u n le ss a longer period is agreed upon between the Employer and the Union. 18.2 Leaves fo r personal reasons may be granted at the so le d is c re t io n of the Employer to re gu la r employees re ga rd le ss of length of se rv ic e . 18.3 An employee who wants a leave of absence sh a l l subm it to h is Employer in w r it in g h is request fo r such leave, s t a t in g ( I ) reason, (2) date leave i s to begin, and (3) expected date o f return. 18.4 Any leave of absence w ith the exception of 18.1.3 and 18.1.4 above may run to a maximum of s ix (6) months. 18.5 Employees who fa i I t o re turn a t the end o f a leave o f absence o r any agreed upon extension of a leave of absence sh a l l be considered as term inated. Any request fo r extension of a leave o f absence period must be presented in w r it in g to the Employer p r io r to the e x p ira t io n o f the i n i t i a l leave; however, in case of a bona f id e emergency, telephone requests fo r e x ten sion s may be made to management fo r t h e ir approva l, which ex ten sion s must be confirmed in w r it in g . 18.6 The employee must be ab le to resume h is re gu la r d u t ie s upon re tu rn to work from an approved leave of absence. A d o c t o r 's c e r t i f ic a t e v e r i f y in g th a t the employee i s ab le to resume h is normal d u t ie s may be requ ired . The employee sh a ll then be returned to the job p re v io u s ly held o r to a job comparable in ra te of pay, on the f i r s t weekly schedule made up a f te r the Employer and the Union have received no tice in w r it in g of the em ployee 's a v a i la b i l i t y . ARTICLE X IX - S ICK LEAVE - EFFECTIVE JULY 1, 1976 19.1 Employees, du ring each twelve (12) months fo llo w in g t h e ir la s t date of employment (a fte r the f i r s t and each succeeding year o f con tinuous employment w ith t h e ir cu rren t Em ployer), sh a ll be e n t it le d as se t fo rth below to paid s ic k leave at t h e ir cu rren t re gu la r s t ra ig h t - t im e hourly rate fo r bona f id e i l l n e s s or in ju ry o f f the job. 19.2 S ic k leave pay s h a l l be accrued by an employee depending upon the number of s t ra ig h t -t im e hours worked, in c lu d in g v a ca t io n s and ho lid ay hou rs, by the employee with h is cu rren t Employer in each twelve (12) months as fo llo w s: Hours Worked Hours of S ic k Leave Pay 1680 to 2080 32 2080 o r more 40 10 - ARTICLE XIX - SICK LEAVE EFFECTIVE JULY I, 1976 (continued) 19.3 S ic k leave pay, to the extent i t has been earned, sh a l l begin on the th ird (3rd) norm ally scheduled working day o f i l l n e s s o r in ju ry o f f the job o r the f i r s t (1 st ) norm ally scheduled working day i f the employee i s h o sp ita liz e d on such f i r s t (1 st ) norm ally scheduled working day, sh a ll continue fo r each norm ally scheduled working day of i l ln e s s th e re a fte r, and sh a ll be in an amount per day equal to the average number of s t ra ig h t -t im e hours worked per day by the employee during the past twelve (12) months; provided, ( I ) the d a ily to ta l of s ic k leave pay under t h is A r t ic le and d i s a b i l i t y payments provided by the Health & W elfare P lan sh a ll not exceed the cu rren t re gu la r s t ra ig h t -t im e rate fo r the employee’ s average hours up to e igh t (8) hours per day; and (2) not more than f iv e (5) days net pay sh a l l be required in any one work week. 19.4 S ic k leave pay s h a lI be cum ulative from year to year but not to exceed a maximum of one hundred twenty (120) hours. S ic k leave pay must be earned by employment with one Employer. 19.5 A d o c to r 's c e r t i f ic a t e o r other a u th o r ita t iv e v e r i f ic a t io n of i l ln e s s may be required by the employer and, i f so , must be presented by the employee p r io r to re tu rn in g to work. 19.6 Any employee found to have abused s ic k leave b e n e fits by f a l s i f i c a t io n or m isrepresentation sh a ll thereupon be sub ject to d is c ip l in a r y a c t io n , reduction , o r e lim ina tion of s ic k leave b e n e fits ( in c lu d in g accumulated s ic k leave), and sh a ll fu rth e r re sto re to the company amounts paid to such employee fo r the period of such absence o r may be d ischarged by the company fo r such f a l s i f i c a t io n or m isrepresen­ ta t io n . 19.7 S ic k leave b e n e fits sh a ll apply on ly to bona f id e ca se s o f i l l n e s s and in ju ry o ff the job and sh a l l not apply to on -the-job acc iden ts which are covered elsewhere in t h i s Agreement. 19.8 Regu lar pa rt-tim e employees sh a ll be e n t it le d to use earned s ic k leave in p roportion to average hours worked (p ro ra ta ). ARTICLE XX - WAGE SCALES AND CLASSIFICATIONS l 20.1 The sca le o f wages and c la s s i f i c a t io n s of employment are se t fo rth in Appendices A, B, C, D, which are hereby made a pa rt of t h i s Agreement. ARTICLE XXI - HEALTH & WELFARE - DENTAL - PRESCRIPTION - V ISION 21.1 E f fe c t iv e June 25, 1978, and each succeeding month fo r the duration of t h i s Agreement, the Employer agrees to con tribu te the amount o f f i f f y - t h r e e d o l la r s and f i f t y cents ($53.50) fo r Health and W elfare b e n e fits in to a j o in t l y adm inistered T ru st Fund in behalf of each employee who worked e ig h ty (80) hours o r more during the month of May and each succeeding month th e re a fte r, exc lud ing emoloyees in the l8 i-y e a r -o ld c la s s i f ic a t io n . 21.1. I E f fe c t iv e November I, 1978, based upon October hours, the Employer agrees to increase i t s Health and Welfare con tr ib u t ion by tw en ty -f ive cents (25 i 't 26.1 The p a rt ie s agree to comply w ith a l l a p p lic ab le laws and re g u la t io n s l p e rta in in g to d isc r im in a t io n because of race, c o lo r , r e l ig io n , sex, na tiona l o r ig in , C \ or age. 26.2 When the gender term "he” o r "s h e " I s used w ith in t h i s Agreement, i t i s fo r exp lanato ry purposes on ly and does not re fe r to the actual sex of any person. ARTICLE XXV II - TECHNOLOGICAL CHANGE 27.1 See Addendum I and 2 which hereby become a p a rt of t h i s Agreement. ARTICLE X X V III - NO STRIKE AND LOCKOUT 28.1 During the l i f e of the Agreement the Union agrees not to engage in any s t r ik e or stoppage of work and the Employer agrees not to engage in any lockout, except as provided fo r under Paragraph 24 .3 , A r t ic le XXIV. N e ve rthe le ss, i t sh a ll not be a cause fo r d ischa rge by the Employer o r d is c ip l in e by the Union and i t sh a ll not be a v io la t io n of the Agreement fo r an employee to c ro s s o r re fu se to c ro s s a primary labor union p icke t line at the Em p loye r 's prem ises th a t has been e sta b lish e d to support a legal s t r ik e , provided the p icke t line i s approved by Local 1439. ARTICLE XX IX - DURATION 29.1 T h is Agreement sh a ll be in f u l l fo rce and e f fe c t from June 25, 1978 through June 27, 1981 and th e re a fte r from year to year u n le ss s ix t y (60) days w ritten no tice of m od if ica t io n i s g iven by e ith e r pa rty p r io r to the e x p ira t io n date. 16 - IN WITNESS WHEREOF, we hereunto se t our hands and se a ls t h i s day of 1978. ASSOCIATED INDUSTRIES FOR THE SIGNATORY FOR THE UNION: EMPLOYERS: By By OTHER EMPLOYERS: By By 17 - WORKING REGULATIONS Present methods of stock ing the fo llo w in g Items may be continued by d r iv e r s a le s - men: Fresh D a iry Products 1ce Cream Bread and Fresh P a s t r ie s Potato Ch ip s and Related P roducts Pop and Beer Cookies Candy Nuts Employees of s u p p lie r s may put up and take down prom otional m ateria l (banners, back' grounds, e tc . ) . A l l merchandise used in d isp la y s must be handled by a member of the Union in the Em ployers' employment. * * * * * 18 - APPENDIX A GROCERY AND PRODUCE CLASSIFICATIONS AND WAGE RATES A June 25, 1978 June 24, 1979 J une 29, 1980 Hourly Hourly Hourly ALL PURPOSE CLERK (Unlim ited) Journeyperson $6.55 $7.05 $7.55 SENIOR APPRENTICE CLERK (2254-3120 hours experience as an A pp ren tice )* 5.73 5.93 6. 13 JUNIOR APPRENTICE CLERK (1387-2254 hours experience as an A pp ren tice )* 5.07 5. 17 5.27 A APPRENTICE CLERK (520-1387 hours experience a s an App ren tice )* 4.66 4.71 4.76 BEGINNER CLERK (0-520 hours experience as an App ren tice )* 3.90 3.90 3.90 HELPER CLERK (Part-tim e employees 18? years of age and younger, 1-1-79 1-1-80 1 working 24 hours o r le ss per week)** 2.80 2.90 3.10 3.35 *H ours of experience a s an Apprentice as se t fo rth in A r t ic le IX of t h i s Agreement. No employee sh a ll be cred ited fo r more than one hundred seven ty-th ree and one -th ird (173-1/3) hours experience in any one ca lendar month. P ro g re ss io n wage increases in conformance w ith t h is Appendtx sh a ll be e f fe c t iv e on the f i r s t Sunday fo llo w in g the completion of the hours sp e c if ie d above. **Employees in t h i s c la s s i f ic a t io n who work more than tw enty-four (24) hours per week sh a ll rece ive the Beginner C le rk rate fo r a l l hours worked du rin g th a t week. Total hours of employment of employees in t h i s c la s s i f ic a t io n sh a ll not exceed 19 percent of the to ta l hours worked by a l l o ther members of the ba rga in in g u n it employed In each location. Notw ithstand ing the p ro v is io n s of t h i s paragraph, each location sh a ll be permitted to employ one employee tn t h i s c la s s i f ic a t io n , but employees in t h i s c l a s s i ­ f ic a t io n may not check nor be employed a fte r 10:00 P.M. except F r id ay and Saturday n ig h ts and du ring the months of June, J u ly , and August. PREMIUM PAY 1. Hours a fte r 7:00 P.M. and before 10:00 P.M ., Monday through S a tu rd a y : ' / \ 204 per hour. . \A/ l 2. A l l work performed a fte r 10:00 P.M. and before 8:00 A.M ., Monday th rough/,A / j v Saturday: 254 per hour. ^ / / o 3. A ll work performed on Sundays: $2.00 per hour. ] 3 / i l 7 19 - -- 2T, op APPENDIX A (continued) 4. Journeyman produce c le rk s sh a ll rece ive a l l wage in c rea se s as se t fo rth above re ga rd le ss of t h e ir present wage st ru c tu re . Ca) F ifteen cents (154) per hour a d d it io n a l wi I I be paid to one Produce C le rk in each sto re who has been designated by management as respon­ s ib le fo r the a d m in istra t ive fu n c t io n s o f the produce department and must be a member of the ba rga in ing un it. (b) A member of the ba rga in ing u n it , when f i l l i n g in on va ca t io n s, sh a ll rece ive the f if te e n cents (154) per hour ad d it io n a l wage. In absence of the c le rk th a t has been designated fo r t h i s a d m in is tra t ive function the c le rk f i l l i n g in s h a l l , a f te r the second day, rece ive the f if te e n cents (154) per hour ad d it io na l fo r a l l hours worked subsequent to the second day. 5. There sh a ll be no compounding o r pyram iding of overtim e pay and premium pay - 20 - r APPENDIX B BAKERY SALES CLASSIFICATIONS AND WAGE RATES June 25, 1978 June 24, 1979 June 29, 1980 H ourly H ourly Hou r 1y HEAD SALES CLERK (One per in -s to re bakery) $5. 10 $5.47 $5.84 J0URNEYPERS0N 4.87 5.24 5.61 SENIOR APPRENTICE CLERK (2254-3120 hours experience as an App ren tice )* 4. 18 4.38 4.58 JUNIOR APPRENTICE CLERK (1387-2254 hours experience as an App ren tice )* 3.75 3.85 3.95 APPRENTICE CLERK (520-1387 hours experience as an A pp ren tice )* 3.50 3.55 3.60 BEGINNER CLERK (0-520 hours exper- ience as an App ren tice )* 3.35 3.35 3.35 *Hours of experience as an Apprentice as se t fo rth in A r t ic le IX o f t h i s Agreement, No employee sh a ll be cred ited fo r more than one hundred seven ty-th ree and one -th ird (173-1/3) hours of experience in any one ca lendar month. P ro g re ss io n wage increase s in conformance w ith t h i s Appendix sh a ll be e f fe c t iv e on the f i r s t Sunday fo llo w in g the completion of the hours sp e c if ie d above. PREMIUM PAY 1. Hours a fte r 7:00 P.M. and before 10:00 P.M ., Monday through Saturday: 20