4 4 & > a c r !•: e m k n t % TUTS AGREEMENT made and entered into this _ /'/ ?- day dfe 08 ?974 A.' . . . 1, • u __, 197 3 between THU GREAT ATLANTIC b PACIFIC TEA CO., INC., (hereinafter referred to as "Employer"), a part:icipal iny member of the Baltimore Food Employers Labor Relations Association (hereinafter referred to as "Employer Council") and RETAIL STORE EMPLOYEES’ UNION, LOCAL NO. 692, chartered by the Retail Clerics International Association, AFL-CIO (hereinafter referred to as the "Union"). WTTNESSETH : j WHEREAS, the Employers’ Council is an employer association of food chains in and about Baltimore, Maryland are , and, as bargaining agent for its member companies, lias negotiated with the bargaining committee of the Union; and WHEREAS, the parties thereto, through local industry wide bargaining, desire to establish uniform standards and hours • labor, rates of pay, and other conditions under which the 4 employees classified herein shall work for the Employer during the life of this Agreement and thereby promote a relationship between the parties hereto, providing for more harmonious and efficient cooperation and mutual benefit; and WHEREAS, it is recognized that the well-being of both parties is directly dependent upon the skill and efficiency with which the business of the Employer is conducted. .ARTICLE 1 MANAGEMENT AUTHORITY 1.1 The authority and responsibility for the management of k the business, including, but not limited to, the planning, direction and control of the work force shall repose exclusively in the Employer and its appointed representatives, subject to the provisions of this Agreement. 1.2 In the event that the employer contemplates the intro­ duction of major technological changes affecting bargaining unit work, advance notice of such changes will be given to the Union. If requested to do so, the employer will meet with the union to discuss the implementation of such changes before putting such changes into effect. ■ ARTICLE 2 RECOGNITION 2.1 The Employer recognizes the Union as the sole and ex­ clusive collective ba gaining representative for all of its employees (other than Store Managers, Meat Department and Super­ visory employees) coming under the jurisdiction of the Retail Store Employees’ Union, Local No. 692, in the stores in the areas set forth in Exhibit "D," attached hereto and made a part hereof, except in those areas where other duly chartiered Locals exist. - t m h f 1 X X X I li(- ) i • > x i < II 11 u i or selling of .ill merchandise ollered f m ( o ’ public in tlx- Kmp 1 oyei '«; ji't.ii.l establishments covered 1 ’ (hi?; Agreement , r;h.i 1 1 bo performed or.' ’ by cm:> 1 oyeeg of the Employe wiihin the unit referred to above for which the Union is rceoq nixed ar; ( lie collective barga ini.ng agency by the Employer. This Aqrecment .shall not be construed as restricting a i sales representative from inspecting any and all merchandise of his respective company for spoilage or replacement, nor shall it apply to initial special displays unless they have a tendency to become constant or too often. There will be a committee consisting of union represen­ tatives and Company Management which will meet every first Wednes­ day of every month for the purpose of reviewing complaints and furthering compliance of this Article. 2.3 The Employer further agrees that if the Employer should establish a new store or stores within the jurisdiction of the Union as set forth in Exhibit "B", this Agreement shall apply to such now sto o or stores. In the o nt the Employer engage department or discount type stores, then the Employer and ti.. Union shall negotiate as to the terms for wages and hours for such employees. In the event an Employer in the future engages in a department or discount type store, commonly known as a general merchandise store, and an agreement between the Union and the Employer cannot be concluded, then the provisions of Article 20, No Strike-No Lockout, shall not be binding upon the Union and »>>. the Employer. 2.4 Any and all types of Retail Food Markets of the Employer shall be covered by terms and conditions of this Agreement. ARTICLE 3 UNION SECURITY 3.1 All employees shall, as a condition of employment, 'become and remain members of the Union on and after the thirty- £.3' | first (31st) day following the date of employment, or on and ;after the thirty-first (31st) day following the effective date of this Agreement, whichever is the later. • 3.2 Upon failure of any employee to become and remain a |member of the Union within the period and under the conditions specified in Paragraph 3.1 above, the Union shall notify the Employer in writing, of such failure and the employer shall, within seven (7) days of receipt of such notice, discharge any such employee as provided in the Labor Management Relations Act of 1()47 as amended. 3.3 The application of Paragraph 3.1 above is deferred in any jurisdiction where the Union Shop is not permitted by law, except for the purpose of representation, unless and until such law is declared unconstitutional or is repealed or otherwise becomes inoperative as to the operations of the Employer. 2 t.'1 The Employer will uoLiiy the Union in writ intj within t.wonty-I i ve (25) days from the cl.it v of employment , reinstatement , or Itansler into the burgn i n i ng unit of any employee, of the name I of .such employee, the home nddre , place of employment., sc security number and job classifieat ion (Full Time or part Time), and the date of employment, reinstatement, transfer or termination. I ARTICLE 4 :iI SENIORITY i 4.1 Seniority for the purpose of this Agreement shall be calculated by continuous service from the last date of employment, (except as otherwise provided). Seniority list for all full time il employees and a separate list for all part time employees shall y< •< laid nil dun to the r; l or#? c- 1 o :. i n« | or reduc­ tion of eiii|> | oymon I r.loil 1 he laid oil by order ol the moot recent hired .md shall be rehirod in the reversed order oL the layoff, with (In eon ider.it i * ■ 11 qi iob el .if ieuf ion. Employees ]ai off and :.ub:.( • juent ly recalled within twelve (1 ?) months v/ill retain former seniority. Kinployor a) hour;; or more in n work day shall he granted .1 meal period without pay ol at least. one-half (’,) hour. i f r< q u e s t o l by t h e e m p lo y e e . 5. 6 Any employee in?; tructed to work their meal period shall receive pay tor tint period of time at the overtime rate of time and one-half (]dj) their reqular rate of pay. 5.7 The Employer may establish as many shifts as necessary and the starting time of such shifts shall be optional with the Employe r . 5.0 There shall be no split shift. 5.9 Full i-ime employees shall be paid at the overtime rate for all hours worked after 6:00 P.M. except two (2) nights per week. ;j All full time employees hired after July 25, 1971, or , those part time employees advanced to full time after July 25, ! 1971, may work up to three (?,)' nights after 6:00 P.M. at the : straight tim» rate of pay. 5.10 Any time worked after 11:00 P.M. or before 6:00 A.M. shall be paid at time and one-half (1 ^) of the employee's regular rate of pay, except for those employees on the night shift. 5.11 Work performed on Sunday will be compensated for at triple (3) the employee's rate of straight time pay. u 5.12 Overtime shall be worked at the designation of the Employer. The overtime pay shall be computed on a daily or weekly basis, but not for both. In the working of overtime, consideration shall be given to the ability and practicability of the employee involved to perform assigned work. No Employer shall discipline any employee for their refusal to work unrea- £ sonable overtime. 5.13 On days where overtime is worked, if a second meal period is taken, it must consist of one-half (*5) hour duration only. The taking of the second meal period will be by mutual jconsent of employee and Employer. 5.14 part time employees who report to work pursuant to instructions and are not given work shall be paid for their scheduled hours, but in no event for less than four (4) hours except lor those stores cloning at 6:00 P.M. No part-time employee shall be employed for less than four (4) hours in any one (1 ) day. 5.15 All full time employees reporting for work at their ischeduled time shall be guaranteed a full day's work of eight (8) ;hours with pay. In the event such employee is called to work on his predesignated day off, he shall be guaranteed a minimum of four (4) hours pay at the overtime rate of time and one-ha]f M H ). » • ( • S.li. 'The Kiup loy«’i. agrees to po:;l .1 weekly work schedule, ui ink, in .1 ronspirumi'; pi.we by noon on S.il nrd.iy ol week preceding 1 the week 1 or which the schedule in effective ol working hour:; 1 specify inq the r, tar I . ng and (ini.: I inn time:; and reqular days off The schedule shall contaii the employees' full name. The s< dule lor (.lie niqht crew ai.d those scheduled off on Saturday must : be posted prior to the end of those employees' scheduled shift on Friday of the week preceding the week for which the schedule is !• effective. The schedule for all full time employees specifying (; starting time anu finishing time and regular day off shall not be altered after it is posted, except with approval of the em- !• ployee. Each full time employee shall regularly receive the same day off each week. A seven (7) day written notice must bo . given in order 'or a full time employee's regularly scheduled day ; off to be changed. The schedule of a part time employee may only be changed by notification to the employee prior to store closing Ji the previous day. 5.17 All employees will be given a ten (10) minute rest period approximately in the middle each four (4) hour shi ft, One (1) rest period of fifteen (15) minutes will be I given to part time employees working six (6 ) hours. 5.18 Employees who sustain an occupational injury requiring treatment by a doctor or hospital shall suffer no loss in pay for the day the injury occurs provided the employee return to work unless otherwise instructed in writing by the attending doctor. j! 5.18 A part tine employee is one who works twenty-nine (20) ii hours or less per week, except during the period of June 15t.h to |! September 15 th, when a part time employee may work up to thirty- I, five (35) hours per week at the part time rate of pay. When a pari time employee exceeds the hours as speci­ fied in 5.19 above, he shall be paid at the appropriate full time hourly rate of pay for all hours worked that week. 5.20 The Employer may schedule certain employees thirty (30) minutes after store closing without overtime or being counted as a night worked. This shall mean the scheduled thirty (30) minutes , will be included in the eight (8 ) hour day. ’ i ARTICLE 6 WAGES AND EMPLOYEE CLASSIFICATION i 6.1 Wage scales are set forth in Schedule "A" attached !: hereto and made a part thereof. 6.2 It is further understood that all newly hired employee: shall be on probation for the first thirty 30) days of employ- j -j rnent__and may be discharged by the Employer, giving Union no cause of dismissal w, thin this period. - 6 - l ■ — 6 . l All previous r-.u|"*i m.u kef. experience in flu* .‘suin' type of work of any newly hired employee within tho preceding throe ( \ ) years, proven by verification or ability, filial 1 bo recognized for the- sole purpose of establishing the pay scale t o which the em­ ployee is (.sit i tlt'd. Only that portion of experience which actually falls within the three ('t) year period .shall be recognized. The Employer, employee1 and the Union will make every effort to verify all. previous experience claimed on the employee’s application for employment. If, however, complete information cannot be obtained within the first three (3) months of employment, the pay scale shall be determined by the Employer on t lie basis of whatever veri- | fication of experience lias become available and the employee's t: ability. The Employer arjrees to notify the Union no later than ij sixty (60) days aft r employment if complete verification of j: experience has not been obtained. Employees terminated prior to verification of previous experience to receive starting rate. ! i 6.4 A part time employee when assigned to full time work shall be credited for his accumulated part time hours based on a ij ratio of 2 to 1 - two months part time service equals one month i: full time service for wage rates only. 6.5 When a higher classified employee is absent from his j! position for more than one (1 ) day and another employee performs ij the job of the higher classified employee, he shall receive the appropriate rate of pay of the higher classification. ij 6. 6 The relief manager shall receive his appropriate hourly |i rate plus overtime, or the store manager’s rate of pay, whichever !i is the greater, when relieving for one (1 ) full week or more. I! 6.7 Baggers shall be guaranteed sixteen (16) hours work | per week. Their duties shall be limited to bagging, parcel pick j up, cleaning up around the checkout stand and parcel pick up area. i ! 6 . 8 The duties of the porter shall be limited to the general .j cleaning up of the store and carrying out of customers' packages, jjbut in no other instance shall porters be required to handle, !j display, or sell any merchandise sold in the store. j -AR TICL—E- -7 N I G H T C R E W EMPLOYEES 7.1 A night crew employee is one who is scheduled for work !on a night crew two (2) or more nights in any one (1) week. No jemployee shall be required to work a day and niqht shift in the same work week. 7.2 Any employee working on the night crew two (2) or more Jj nights during the week shall receive the night premium for all ’hours worked during the entire week. Any time worked by a member of the night crew prior to '} store closing, or after 9:00 A.M. shall be paid at time and one ijhalf (1 )̂ of the employee's regular rate of pay which shall be j1 in addition to his night premium. ,i i - 7 - ! i 7.3 Ketch employee working on the night shift- will receive an add i t ional twenty-five cents (2 5 C) per hour, which shall be over and above the reqular rate oi pay for the same or similar day job. 7.4 One person other than the Assistant Manager or Depart­ ment Head, shall be designated as the man in charge of the niqht crew. This employee shall not be replaced by any employee in a higher wage classification. 7.5 The man in charge of night crew will receive in addi- j tion to his night premium, an additional ten dollars ($1 0 .00) per ■i week. ii 7.6 A night crew may work four (4) ten (10) hour shifts at (straight time by mutual agreement. jj 7.7 Part time employees may be assigned on a night shift, j: provided however, they must be assigned for a full shift of not :j less than eight (8) hours. ji 7.8 The meal period for night crew workers shall be one- h a l f (*s) hour and the eight (8) hour shift shall be worked in a ;period of eight and one-half (8^) consecutive hours. f: 7.9 Any regular member of the night crew will receive his i basic weekly wage plus his night premium in the computation of his overtime, vacation or holiday pay. 7.10 Full time employees who want on or off of the night ijcrew shall bid on or off on a seniority basis in a supervisory ijterritory. No new hires shall be employed until all bids are iihonored. Said request must be made in writing to the Company /Personnel Office and the Uni*on and shall be honored in the order ;of the date received. ARTICLE 8 WORKING CONDITIONS I 8.1 The Employer will furnish and launder such store linens as it desires worn by its employees. In the event the Employer provides dacron or similar type uniforms for female employees, .these garments may be laundered by the employee. Since this item of expense is intended to make the Employer's service more attractive to customers, members agree to cooperate by presenting !a neat, clean, businesslike appearance while on duty in the store. 8.2 Employer has. the right to discharge or discipline any employee for good cause, including but not limited to, proven or acknowledged dishonesty, intoxication during working hours. A n provided, however, that no employee shall be discharged or dis- ^ i criminated against because of membership in the union for Union activities. It 8.3 In the event that an employee's work is unsatisfactory, ho shall be given at least one (1 ) written notice before dis­ ciplinary action is taken, and a copy of the notice shall be sent to tie Union at the same time. Notices and warnings shall oecome null and void after nine (9) months from date of issue. i: i 8 I H.-1 Representatives o[ the Union shall. have acc<; . ■> the Employer's stores for the purpose oj determining that; th t erms of this Agrcei; nt ni • being e< mpliod with including hut not limited to i aspect i n. this ten (1) hour period shall be paid for such time at the rate of time and one-half (l-j) their straight time rate of pay. 8.10 The Employer shall maintain a first aid kit, fully equipped in each store to be available for all shifts worked. 8.11 Notice concerning Union business will be posted in designated locations in the stores after approval by management. 8.12 The Employer shall combine existing part time assign­ ments on a seniority basis, unless such hours duplicate each other, providing the employee can do the work, so as to provide the maximum part time employment per individual within the defini­ tion of part time employment, and further to create as many full time positions as possible. 8.13 A full time clerk who receives a pay rate which is higher than the pay rate provided in Schedule "A" for his classi­ & fication, who is promoted to a department head and subsequently demoted to his former classification, shall receive the same pay I rate differential which he previously received. 1 9 ART fCLH 9 VACATIONS 9,1 Full time employe*: with one or more yearn of continuou full time service shall })e granted vacations as follows: PRO RATA VACATION ANNUAL VACATION __ON TERMINATION : One (1) week uninterrupted 1 / 1 2 week for each | after one (1 ) year ' , * additional month I 1 'Two (2 ) weeks uninterrupted 2 / 1 2 week for each ! after three (3) years additional month : >° ! Three (3) weeks after eight 3/12 week for each | (8 ) years 5 ^ 0 additional month I |Four (4) weeks after 4/12 week for each fourteen (14) years additional month 6 | Five (5) weeks after twenty- '^>■5/12 week for each j five (25) years , additional month 9.2 Employees discharged for drinking on the job shall not be entitled to pro rata vacation pay. Employees discharged for acknowledged or proven dishonesty shall not be entitled to any vacation pay. 9.3 An employee who has earned three (3) or more weeks of vacation is entitled to at least two (2 ) weeks uninterrupted with the remaining period to be taken at a time convenient to both the Employer and the employee. No week shall be eliminated from the vacation schedule except in case of demonstrable busi­ ness necessity. 9.4 Vacation time shall be computed from date of employ­ ment or anniversary of vacation eligibility date, and shall be taken at a time convenient to both the employee and the Employer, and shall be paid at the rate of pay in effect at the time the vacation is taken. An employee who is absent from work for less than 16 weeks during his anniversary year shall receive his full vacation allowance but if absent for reasons other than illness or for illness for more than 16 weeks, he shall receive 1 / 1 2 his vacation entitlement for each full month worked during the anniversary year. 9.5 When a holiday designated in Article 10.1 occurs during the full time employee's vacation, the employee shall be entitled to an extra day's vacation or cash in lieu thereof, based on ;* straight time pay for an eight (0) hour work day. 9.6 Seniority of employees shall be a governing factor in the selection of vacation dates. The vacation schedule of any 1 employee cannot be changed, except by mutual agreement, when it j| is less than thirty (30) days to the date the employee has selected. i l 9.7 Vacation pay is to be paid to the employee prior to the day the vacation begins. 10 ').!( part. Linn.' employer:; :hall be entitled to a vacation on 'or after each anniversary date of Lhei r ompJ oyinent pro-rated on ,t.he basis of t lie average straight t ime hours worked during the >r< : •> j , • rdi > • acation lot rim! a set forth . land subject to the same conditions as c* ertain to full time cm- fi |ployees. il 9.9 When a holiday, designated in Article 10.1 occurs ^during a part time employee's vacation, and the part time employee would ordinarily have been scheduled for work on that day, he or ishe shall be paid as provided in Article 10.4. !l 9.10 Employee may start his or her vacation on any day ,‘which is mutually agreed upon by the Employer and the employee. j| 9.11 A part time employee going to full time shall not IJsuffer a reduction in the nlimber of hours vacation he would have received as a part time employee for the first vacation of such • jchange. ARTICLE 10 HOLIDAYS 10.1 The Employer agrees that the following days shall be iiholidays. When a holiday falls cn a Sunday, the following Monday lishall be observed: New Year's Day Labor Day tuJ i ̂ Easter Monday Thanksgiving Day- Memo vial Day Christmas Day Independence Day Work may be performed on any of the hereinabove men­ tioned holidays, however, work as such shall be compensated for rat the rate of double the employee's regular straight time rate i;of pay, which shall he over and above the full time pay as pro­ vided. 1 0 . 2 It is further agreed that the work week during which |a holiday occurs, in accordance with this Agreement, shall be ■considered a four (4) day week consisting of thirty-two (32) .straight time hours, for which the employee shall be paid forty ;(40) hours’ pay if they qualify under Article 10.8. All time worked over thirty-two (32) hours during said holiday week shall ijbe compensated for at the overtime rate of time and one-half (1 ^ jjexcept that an employee may work forty (40) hours at straight A time in addition to his or her holiday pay, provided it is mutually agreed upon between Employer and employee. 10.3 All part time employees, upon completion of sixty (60) days, but less than one (1 ) year of continuous service with the jjEmployer, shall be entitled to holiday pay as set forth in this iparagraph when said holiday falls on their scheduled work day, jpased on the number of hours regularly worked by such employee !jon that day. - 11 - i I •• H.). 1 All | >. i r I I i m« * < wit.fi .one (1) or moro y»•.»t , f icon t. i tni u M ’ r v i c< • '.1m 1 1 1 ><• cnI i 1.1 rd I <> ho 1 i d m lv (mimboi. o| hour:; regularly worked by the cmployeo on lh.it in l! jthe holiday falls on a regularly scheduled work day; or h. iiday |pay or four (4) hours at s t r a i g h t ti ■ i[ the holiday falls on a jnon-3cheduled day. I 10.5 In either cane the employee shall: (a) Work his or her scheduled work day before and after such holiday, Sunday excepted; and (b) Work at least one (1) day during the said holi- I day week. ii 10.6 All employees shall be lentitled to a Personal Holiday on their Birthday. Tn the event 'that the birthday falls on Sunday, he shall be entitled t o ‘the |holiday on his next scheduled work day. in the event the.em- Iployee's birthday occurs on one of the other specified holidays or on his scheduled day off, he shall be entitled to the holiday on the succeeding work day. The employee must notify the Store Manager t' :> (2) weeks in advai .j o . - s birthday, any employ who fails to notify the Store Manager two (2) weeks in advance of his birthday, and if he works on such day shall be paid straigh time for work on that day and be granted another day off in lieu of that day within two (2 ) weeks. 10.7 Work schedules shall not be changed for the purpose of avoiding holiday pay. 10.8 No employee shall receive pay for any holidays not worked unless such employee has reported for work on his or her regular work day next preceding and next following said holi­ day. Employees shall be deemed to have reported for work if absence on the day before or the day after said holiday is due to express permission from or action of the Employer, or death in the immediate family, and also in case of certified illness, but in any event, employees off one (11 full week before a holi­ day and one (1 ) full week after a holiday would not be entitled to holiday pay, unless otherwise provided for in this Agreement. 10.9 Upon completion of three (3) months' continuous ser­ vice with the Employer, regular full time employees shall be entitled to one (1 ) personal holiday within each calendar year, which may be taken on any scheduled work day, which is mutually satisfactory to the Employer and the employee. The Employer shall have the right to determine the number of employees who may be permitted to take the holiday on any day. Part time employees with three (3) or more months of j| continuous service with the Employer shall be entitled to one (1) ■ personal holiday of five (5) hours each within each calendar‘year, l which may be taken on any scheduled work day, which is' mutually j satisfactory to the Employer and the employee. The Employer shall have the right to determine the number of employees who may be : permitted to take the holiday on any day. 12 i »' *]().!<' Hi , • i * i - > ’ d.iy:; which < | Uu J i I y lor Sunc i. iy or ho l i tfciy* premium pay shut I mil ho included in eompuL i n<| weekly overtime. There shall l>o no pyramid i mi ol overt imo and/or premium pay. Hour?: worked on Sundays or holidays shall be in addition to the normally .scheduled work week. 10.11 Sunday or holiday work shall be ossiqnod on the basis of seniority by classification within the store. m the event the Employer cannot schedule the necessary number of employees on a voluntary basis, then the employees in reverse order of .seniority shall be obligated to work. A R T I C L E 11 LEAVE OF A B SENCE Subject to the following conditions, employees shall be granted leave of absence which shall not interrupt their service records,providing such request is made by the employee, in writ­ ing, to the personnel Department seven (7) days prior to commencing such leave: 11.1 Leave of absence shaJLl be granted up to one (1) year without pay when an employee with six (6 ) or more months of con­ tinuous service is unable to work because of sickness or acci­ dent, and this leave shall become effective after the final sick benefit payment is made. The disability must be attested to by a registered physician. However, in the event such employee is unable to return to work at the expiration of his leave period, he shall be entitled to an additional leave of six (6 ) months if he submits satisfactory medical evidence that he will be able to rpturn to his regular duties within the said additional period. The Employee must give seven (7) days notice prior to the writing of the schedule of their intent to return to work. 11.2 Any employee having completed six or more months of service, and who is pregnant shall bo granted a leave of absence without pay upon a written request stating that the employee intends to return to work upon the terrnination of the pregnancy. j In support of such request the employee shall submit a statement from a physician: 1. Certifying that the employee is pregnant, 2. Fixing the approximate date of birth, and 3. Fixing a date beyond which the employee cannot work because of inability to perform the job properly or that the employee's health or safety may be endangered by continued work. The leave shall begin on the date fixed by the physic and shall in the first instance be for up to one year. However, II in the event the employee is unable to return to work at the ex­ piration of the leave period, the employee shall be entitled to an additional leave o£ six months upon the submission of satis­ factory medical evidence that the employee will be able to per­ form the regular duties ot the job within the said additions> period. 13 Hr*fore returning to work, 1.1m? employee shall furnish the Employer with a j >1lys i c i .in ' cert i I i cat <* st at i ii<) t hat. t he em- ployoe ir, physica 1 1 y .»b 1 e to resume t hr f u 1 1 norma] duties ol the job. Addit iona)1 y . 1 1u? employ- o sha 1 ) g ivo two weeks writ.t' i notice to the King 1 oye i of the day on wh i ch t lie employee intend . to return t o work 1 1 the employee is not assigned by the expiration of the two weeks notice, the employee must receive pay in lieu of work thereafter. 11.3 An employee with six (6 ) months' service shall, in the case of a death in the immediate family of the employee, namely, of a patent, spouse, child, brother, sister, parent-in-t-7 law, or grandparent, requiring the employee's absence from his regularly scheduled assignments, be granted a leave of absence up to three (3) days beginning with the day of death. Neither Sunday nor the scheduled day off of a full time employee shall be counted. When an employee's normal time off falls within the throe (3) day period, he shall be reimbursed for that portion of the time normally scheduled for work, but under no circumstances shall the application of this clause result in a change in the employee's basic weekly salary. 11.4 The Employer agrees that any member of the Union, employed by the Employer during the period of this Agreement who C . S 1 is elected to permanent office in the Union or is assigned by Union to any Union activity necessitating temporary leave of ab­ sence, shall be granted such leave of absence and shall, at the , end of his term in the first instance or at the end of his mission’ in the second instance, be guaranteed reemployment at his former wage rate plus any increase or less any reduction that may have i become effective during his absence, provided that he applies for re-employment forthwith upon leaving the Union. i 11.5 Approved leaves of absence for reasons other than those listed above shall not interrupt an employee's service record. e l 11.6 Any employee may be given a leave of absence not to exceed one (1 ) year for any reason acceptable to the Employer. 7 ‘ This decision shall not be arbitrable. £ W ARTICLE 12 J U R Y DUTY 12.1 Employees actually serving on juries shall receive the difference between their straight time weekly basic pay and the amount received while on jury duty. They will be expected to work their regularly posted schedule on days when the jury is not in session. 12.2 An employee serving on the jury shall not be required to work hours other than those during which the employee is normally scheduled and in no case shall they be required to ' report for less than four (4) hours. - 14 - 1 A K T K’l.i: I ! STORi: _(‘AUM ON IWCAL The Union agree:; to furnish t.c the Employer Union Store - Cards and/or Decals for each of the Employer's .stores. Such ! cards or decals shall remain the property of the Retail forks .International Association and shall he surrendered to the Union j; upon demand. The Employer shall display such Union cards or ji decals in a conspicuous area accessible to the public in each establishment covered by this Agreement. ARTICLE 14 SHOP STEWARDS i 14.1 The Union shall have the right to appoint Shop Stewards in each store, //hose duties shall be to report any irregularities to the Union. In no instance shall the Shop Steward be dis­ criminated against for discharging such duties, provided such duties do not unreasonably interfere with the regular performance of their work for the Employer. 14.2 Shop Stewards may not be transferred from store or job assignment without written consent of the union, except in cases of promotion. The S h e > Stewards shall have superseniority e> i among all employees in all respects in their store. Further, the Shop Stewards shall not bo threatened, coerced or intimidated for performing union activities. 14.3 In the interest of promoting cooperative relations, the Store Manager shall introduce each new employee in his store to the Union Shop Stewards within one week after the new employee reports to work. Stewards shall oive the new employee a copy of the contract and shall explain its operation. The Shop Steward may answer any questions the new employee asks him. They may request the new employee to ,oin the Union and may make arrange­ ments for the new employee to become a member. 14.4 The Union shall furnish to the Employer a complete list of Shop Stev/ards which shall bo amended from time to time as may be necessary. A R T I C LE IS HEALTH AND WELFARE 15.1 Effective August 26, 1973, and for the remainder of this Agreement, the Employer shall contribute to the FELRA and Retail Store Employees Union Health viral Welfare Fund (herein­ after called the "Fund"), the sum of eighty dollars ($80.00) per month for each full time employee who is on the Employer's payroll on the first day of each month. The monthly contribution by the Employer will commence with the first full payroll month following the first of the month after completion of three (3 ) months of continuous full time employment with the Employer.' r J - i 1.').-! HI loci i vo Augur; I 1971, In and inclu !i , Ncpl tun' 1 9 / ], the Kmployei .n'ml I coni v i but :c the sum o| lwot,,y-(wo dollars ($33.00) m niout.ii foi <■ .eh p*n t l.iin i i p j o y e e who is on the Employer's payroll on I In’ I iist day of each month. 'Hie monthly contributions hy the Employer will commence with the first, full payroll month followmq the first o- tlic month aft.o* completion of throe (3) months of coni imious part, t Line employment wi th the Employer. 15.3 Effective October 1, 1973, and for the remainder of this Agreement, the Employer shall contribute to the Fund the sum of twenty-five collars ($25.00) per month under the same terms and conditions as set forth in Paragraph 15.2 above. 15.4 The contribution provided for in this Agreement shall be in lieu of ary obligation on the part of the Employer to pro­ vide any Health and Welfare benefits other than those provided by the Trust Agreement and Plan governing the Fund. 15.5 The Fund shall.be governed by a Board of Trustees consisting of equal nurr . r: to designated by the Food Emp.oyors Labor Relations Association and the Union. 15.6 Tt is agreed that all questions involving Health and Welfare not specifically set. forth heroin shall be determined by the provisions of the Agreement and Declaration of Trust governing the Plan. 15.7 An Employer, at its discretion, may or may not be required to designate a representative on the board of Trustees, but in any event the Employer agrees to be bound by all the decisions made by the Trustees in accordance with the Declaration of Trust. ARTICLE 16 PENSION _- RET1REMHNT I lG.] Effective August ?f>, 197"', to and including September 30, ‘1973, the Employer shall contribute to l.he FELRA arid Retail Store .Employees Union Pension Fund, (hereinafter called the "Fund"), a ! total of fifty-eight dollars ($58.0C) pe •* month for each full 'time employee who is on the Employer's payroll on the first day .of each month. The monthly contribution by the Employer for lnew employees will commence with the first full, payroll month following the completion of tnirty ( 10) days of continuous employ­ ment with the Employer, retroactive to the dale of employment. 16.2 Effective October 1973, the Employer will contribute a total of sixty-five dollars and seven cents '$t>‘>.07) per month to the Fund for each full tune employee under < lie same terms and conditions as set forth in paragraph 16.1 above. 16.3 Effective August 26, 1973, to and including September 30, 1973, t.he Employer will contribute a total of four dollars and sixty cents ($4.60) per month for each part tine employee who is on the Employer's payroll on t.he first day of each month to the Fund. '11 ie monthly contribution by the Employer for new employees will com snee with the first full payroll month following the completion of thirty (30) days of continuous employment with the Employer, retroactive to the date of employment. I I oyi• i will* c o m I i* i I int «» .1 tol.il ol c* i«ill t dollars and Io u i 'immi rents r •. j {. I -1 > | >«' r mo nth to I he Fund for each part 1 nne employee under III'- same terms ami rond i t ion?; ns sot. forth in Paragraph if,, t above. 16. ft Tho Pension Fund th) birthday. 16.B It is agreed that all questions involving pensions not specifically t if !/ h -in \ ]. >v t r i m m e d by in.- provisions of the Agreement and Declaration of v-nst governing the Plan. lft. 0 An EmpJoyr, at its discretion, may or may not be required t o designate a represontnt. - p u l y , •; 'In 1 I ni'il I'M I f j ,i r<>.uo o! Arbitrali appo i ill o< . i • foil ow: : i on 1) Dm. ( ! i iuohiIc»r 'ill'll _ iippoi nt oil liy I lii1 I'.muloyer i nvi • I v< *< •, 'ind one H ) member slinl^ ;>n appo i n* > 'd l>y the Union. Then -'ili'il 1 , within l hrrr (11 days t m r m i M r r , mutually select a in.'ijl. tii) chairman who shall ) >• • dis:.i I • res toil .uni not a member of l ho Union, nor enqueu'd in th*- same lino of business as the Kwployor, and those three (11 shall const, i tut: e a Hoard of Arbi­ tration and s h a ' x render a d c i s i o r wi; n n f ; . Q days or such further time as the Hoard of arbitral ion niay nut.ually agree upon and said decision shall tie final, t jnding nnd conclusive upon all parties concerned. e / 2) in the event, i no R carc. oi Arhii i -H ion i-s unableto agree on a mutual chaii.mii w j . t. h i * * t ] (. > ti"v Limits herein pro — vi scribed, a request shall be i-ade t:c }.<• Amer : .••an Arbitration Association for a list of f. teen M g ,4rbi t.raiors and the par- lien shall select »:.l orefi om ,.e (?.) erj. j trat c • follows: one1 of ' e oartv . siial , .. o, r:a tuM the l i s t t in L i i a i ■ name remain each Oi part : . '. rawing lots to determine' who shall no entitled to he f: t1 . 1 i a i < | h ' 1 i me In in 1 y i a 1 e , ia 1 l ie ap, a opr ui iiii n i in*tin wage .i m )c , v/h i ch' ; v ( ' i is 1 1 1’ g realr • i . /l-n/ P.f l'.'Ctivt 0/26/73 • 0. C|,ASS 1 F 1 NATION Per Hour Per Week 1 A s a i stant Manager; (.}. 00 )P. 240.23 Produce l'opirrtmont Manage r 5. Of)3 3 234.61 Head r.ishior and Do i rv Head 1 st «') months 4.7420 109.70 2nd A months 4.0030 194.20 3rd 0 months 4.9053 199.01 4th 6 months 5.1355 205.42 Thereafter 5.5005 • 220. 02 Pull Tin": clerks 1 st 6 months 4.3500 174.00 2nd >» no nth s 4.4(320 170.40 3rd 6 months 4.6023 104.0 4th A months 4.74?. 5 189.70 Thor*'a i t or 5.0515 202.06 part vnri' Clerks 1 st a month?; 3.6402 2iv •"> months 3.9200 trti months 4.2035 4th ■ months 4.4901 Th> -*a' tor 5.0514 Pull Tjm porters V 1 st > months 3.3(375 134.70 2nd months .3.6405 145.94 'i'her n ,rt or 3.7605 150.42 Part Time Porters 1 st: 6 months 3.0070 2nd 6 months 3.3676 Thereafter 3.7606 Bangers 1 st 6 months 2.2450 2nd 6 months 2.5256 Thereafter 2.0064 Bakery Sales Clerks (Full Time) Head Clerk 4.0130 160.52 1 st (> months 1.5920 143.68 2nd 6 months 3.6765 147.06 'I'her eafter 3.0167 152.67 Bakery Sales Clerks (Part Time) 1 st 6 months 3.3676 2nd 6 months 3.5360 Thereaf ter .3.7044 •Schedule "A" (coni'i lined) 1 . " Red (’.ire lo" employee:; in nil cJussi I ieat ion;? filial 1 maintain d » ~ the existing differential over (tie new scales T 2 . Reaffirm payroll deduction for automobile insurance when group plan is initiated. 3. It is mutually agreed that the herein classified department heads will be continued in those stores classified as Supermarkets by the Employer. In stores not. classified as Supermarkets by the Employer, it shall be the Employer's perogative to designate department heads; however, where department heads are discontinued, there shall be appointed one (1 ) head clerk who shall receive the rate of pay of the Head Cashier classification. t I i:>;11 it i t "i’." '(•Ill-: CHEAT AT .ANTIC AND I'ACII !C TI :A COMPANY, INC. B A L T I M O R E D V | ; ; i < »r; terr itoby covi:f i:p r.v T ine agreement State of Maryland: Counties of: Washington (oast of Cumberland Canal), Frederick, Carroll, Baltimore, Harford, Cecil, Howard, Anne Arundel (south o South Fiver from Chesapeake Bay to U.S. Hitjliway to), Kent Queen Anne, Talbot, Caroline, Dorcest.er, Wicomico, Somerset, Worcester. State of Delaware: Counties of: Newcastle, Kent, Sussex State of Virginia: County of: A ere- nek EXHIBIT "C" THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC. BALTIMORE DIVISION ST TNT OR I TV AREAS AREA #1 Baltimore* City, Baltimore County, Glen Burnie, Md. and Annapolis, Maryland. AREA #2 Aberdeen, Maryland Belair, Maryland Chestertown, Maryland Elk Lon, Maryland Havre de Grace, Maryland Dover, Delaware Smyrna, Delaware Middletown, Delaware Milford, Delaware Lewes, De1aware Rehoboth, Delaware AREA it3 Cambridge, Maryland Easton, Maryland Salisbury, Maryland Seaford, Delaware Crisfield, Maryland Pocomoke, Maryland Princess Anne, Maryland Kxmore, Virqinia Berlin, Maryland Denton, Maryland Millsboro, Delaware AREA I!4 Wes I mi n i s t c i , F.a i y land m nor/ Hi'ini pi a r im hi Nr APT / C LI 10.11 - II0L10 AVS - is intended to me an ih at: Sundan work is to be offered by sen iority and on a voluntaru basis; and Further, various stores are presently offering Sundan work on differing basis which is satis factory .to the c.mpdonee s. Because of the above situation FtLRA and the Union agree to set up a joint, committee that witl try to d e v e l op tin i f o r m p a ac.t i. ce. 11: a t w Lit b e s a t is £ actg r y to both pasties. HFALTII AMP d'FLFARE 1] Local 692 Part Time and Dependent Surgical Schedule: Cff lev. Sej U.r.ber 1, 191 j, the present pa at tine and dependent surgical schedule shall be adjusted to conform to the full time Blue Shield suagical schedule. 2) The Trustees will study the subject of reciprocity and H.H.O. PENSION Bfh'tnTS 1) Sickness and Accident Benefits and Disability Pension The panties agree that then will instruct their re­ spective Trustees on the Health and Welfare and Pension Funds to implement by proper resolution the following understanding: The elective, date of a disability pension shall be either: a) the first ofthe month following the receipt bu the participant of a Social Security Dis­ ability Award, whereupon all Sickness and Accident benefit payments from the Health and Welfare Fund shall terminate; or b) if already terminated then retroactive to the first o £ the month next following the termination of, such benefits. 2) Pension Benefits-Schedule Changes: Effective the first of the month following 7.R.S. approval, .the Trustees will effect the following changes for Local 692 members: 1. Full time benefits increased to $11.00 per month. 2. Ret i rees receiving less than $10.00 per month benefit, will increase bu 101,' or a minimum of $10 . 00 . 3. Full time to neceive cnedit foh pait time i t U ' / c c a f t/ic pait time, benefit level on fie til emeu t. 4. Fait time benefit to $6.00 pel mouth. 5. Fait time ictiiemeat at age. 60 - no deduction 6. Fait time, di6abitit.it provision, same as full t ime. 7. Fait time vesting: anti combination of ten (]0) ne.ai s . &. Fait time to ie.ce.ive c-ie.d it f a the in full time 6 C- v ice. 9. Total apglegate 6eivice of full time and pait time will count fon. eligibility and vesting. FOP TFF EMPLOYER: FOR THE UNION: TFT OPFAT ATLANTIC ANV PETAIL STOPE EMPLOYEES' UNION, PACIFIC TFA COMPACT LOCAL NO. 692 BLS 2452 OMB No. 44 -R0003 App, exp. March 31, 1975 #6726 (MDS) U.S. D EPA R TM EN T OF LA BO R # % B u r e a u o f La b o r St a t is t ic s * = ” WASHINGTON, D.C. 20212 i f f i i January 7, 197A Retail Clerks International Association Research Department 305 West Monument Street Baltimore, Maryland 21201 Gentlemen: We have in our file of collective bargaining agreements a copy of your agreement(s) between the Great Atlantic and Pacific Tea Company, Inc., covering stores in Delaware Maryland, Virginia, and West Virginia and your union's local #692. The latest agree­ ment we now have on file expired August 1973. Would you please send us a copy of your current agreement--with any supplements (e.g., employee-benefit plans) and wage schedules--negotiated to replace or to supplement the expired agreement. If your old agreement has been continued without change or if it is to remain in force until negotiations are concluded, a notation to this effect on this letter will be appreciated. We would also appre­ ciate your sending us copies of your Health, Insurance, and Pension Plans. In addition, please provide the information requested below. You may return this form and your agreement in the enclosed envelope which requires no postage. I should like to remind you that our agreement file is open to your use, except for material submitted with a restriction on public inspection. Sincerely yours, PLEASE RETURN THIS LETTER WITH Commissioner YOUR RESPONSE OR A G R E E M E N T S ). If more than one agreement is enclosed, please provide information separately for each agreement on the back of this form. (Please Print) 1. NUMBER OF EMPLOYEES NORMALLY COVERED BY AGREEMENT 2. Number and location of establishments covered by agreement ^ / 3. Product, service, or type of business 4. If previous agreement has been extended without change, indicate new expiration date iT-CMc-t, i (Position) 3 o3 f-j oajJ t't ̂ CT /S deTT& f a u f , 2-/2 o / (Business address) (Citv. State, and ZIP code)