UFCW Local 655 300 WEIDMAN ROAD MANCHESTER, MO 63011 394-6500 TABLE OF CONTENTS ARTICLE 1 - JURISDICTION: ............... .1 ARTICLE 2 - UNION SECURITY: ............. .2 ARTICLE 3 - MANAGEMENT RIGHTS: .......... .4 ARTICLE 4 - GRIEVANCES AND ARBITRATION: . .4 ARTICLE 5 - UNION COOPERATION: .......... .6 ARTICLE 6 - UNAUTHORIZED ACTIVITIES: --- .6 ARTICLE 7 - HOURS AND WORKING CONDITIONS: .7 ARTICLE 8 - SENIORITY: ................... 11 ARTICLE 9 - UNIFORMS AND DRESS CODE: ___ 17 ARTICLE 10 - SUBSTANCE ABUSE: ........... 17 ARTICLE 11 - LEAVES OF ABSENCE: ......... 18 ARTICLE 12 - FUNERAL LEAVE: ............. 20 ARTICLE 13 - JURY DUTY: .................. 21 ARTICLE 14 - SUNDAYS AND HOLIDAYS: ..... 21 ARTICLE 15 - VACATIONS: .................. 23 ARTICLE 16 - HEALTH AND WELFARE: ........ 25 ARTICLE 17 - PENSION: .................... 26 ARTICLE 18 - 401(K) SAVINGS PLAN: ...... 27 ARTICLE 19 - TECHNOLOGICAL CHANGE: ..... ,27 ARTICLE 20 - STORE CLOSING: ............. ,28 ARTICLE 21 - SEPARABILITY: .............. .29 ARTICLE 22 - TERM OF CONTRACT: .......... .30 SCHEDULE "A" WAGES ....................... .31 SUPPLEMENTAL AGREEMENT NO. 1 ............ .35 SUPPLEMENTAL DEPARTMENTS .............. .35 SUPPLEMENTAL AGREEMENT #2 ............... .39 STORE SPACE ALLOCATION CREW ........... .39 NATIONAL ONLY .......................... .39 SUPPLEMENTAL AGREEMENT #3 41 Meat & Del i/Seafood Department Employees- (SCHNUCKS AND NATIONAL) ............ ..... .41.41 SUPPLEMENTAL AGREEMENT #4 ........ UTILITY CLERKS ............ ..... ,44 NATIONAL ONLY ..................!!!!!!” !! ,4444 SUPPLEMENTAL AGREEMENT #5 ___ PORTERS ......................... ...... 45 (n a t i o n a l a nd s c h n u c k s ) 4545 SUPPLEMENTAL AGREEMENT #6 ....... ICE CREAM COUNTER .............. 47 (DIERBERGS ONLY) ................... 4747 SIDE LETTER .................. 48 This AGREEMENT, mutually entered into by and between ______________________________________________________ and/or successors and assigns, a signatory hereto, hereinafter referred to as the Employer, and the United Food & Commercial Workers Union Local No. 655, ch a r t e r e d by the Unit ed Food & Commercial Workers International Union, AFL-CIO-CLC, hereinafter referred to as the Union. It is the intent and purpose of the parties hereto, by entering into this Agreement, to promote and to improve industrial and economic relationships between the Employer and their employees, to recognize mutual interests, to provide a channel through which information and problems can be transmitted from one to another, to formulate rules to govern the relationship between the Union and the Employer, and to promote efficiency and service. These objectives shall guide the parties and be observed by them during the term of this Agreement. WITNESSETH: That the parties have agreed and do, by these presents, agree as follows. ARTICLE 1 - JURISDICTION: 1.1 The Union shall be the sole and exclusive bargaining agent for all employees as defined in this Agreement in the City of St. Louis and in the counties of St. Louis, Franklin, St. Charles, Jefferson, Washington, Warren and Lincoln, excluding store managers, who shall not supplant bargaining unit employees, supervisory and other employees as defined by the National Labor Relations Act, as amended, and those employees covered by other collective bargaining agreements with the Employer. 1.2 All work and services connected with all operations carried on at the premises of the Employer's retail establishments including, but not limited to, the handling and selling of all merchandise, shall be performed only by employees within the unit as defined in this Agreement, and by employees working for the first thirty-one (31) days of their employment; provided, however, that the foregoing restriction on work jurisdiction may be altered or relaxed in whole or in part by mutual agreement between the Employer and the Union. 1.3 Under no condition shall supervisors or store managers perform bargaining unit work, except in case of emergency, such as Acts of God or other conditions beyond the control of the Employer, and to the extent that they may perform customer services. Customer services shall not be construed to including stocking, price marking, truck unloading or building displays, or any other bargaining unit work on a regular basis. 1.4 As of the effective date of this Agreement, the above described restriction on work jurisdiction has been, by mutual agreement between the Union and the Employer, relaxed and altered in the following respect; that vendors entering the said retail establishment for the purpose of delivering bread, milk, and potato 1 chips may service their product line. The greeting card department may be serviced by their respective vendors. 1.5 Any work done by any person outside of the bargaining unit in violation of this Agreement after it has once been brought to the attention of management shall result in the employee on duty who reports the violation receiving pay for the time worked at the top clerk rate in the contract, or the employee's regular rate, whichever is the greatest, in addition to his normal pay for that day. This shall not preclude the Union representative of the local union from filing a grievance pertaining to a violation of this paragraph in the name of a particular employee who shall be compensated in the method herein provided above. Once a violation of any work done by any person outside of the bargaining unit has once been brought to the attention of Management; any other violations within a two (2) week time period by the same person shall result in the employee on duty who reports the violation receiving pay for the time worked at the top clerk rate in the contract, or the employee's regular rate, whichever is greater, in addition to his normal pay for that day. ARTICLE 2 - UNION SECURITY: 2l1 . . A11 employees who are now members of the Union shall, as a condition of employment, maintain membership in good standinq consistent with the provisions of the Labor-Management Relations Act of 1947, as amended. The Employer shall not be required to discharge an employee for failure to attain or maintain membership in the Union unless it shall have received three (3) days' written notice from the Union prior to the date such discharge is to be effective. 2-2 All new e m p l oy ee s must become members of the Union thirty-one (31) days after their employment date and thereafter shall, as a condition of employment, maintain membership in good standing cons i s tents withnt he Provisions of the L abor-M an agemen t Relations Act CHECKOFF: The Employer agrees to deduct initiation fees, union dues, and uniform assessments where lawful, uniformly required as a condition of acquiring or retaining membership in the Union from the wages of each employee, present and future, as the same shall be due, provided each such employee executes written authorization therefor, in a form authorized by law, and such authorization is turned over to the Employer. The Employer agrees to remit such dues and initiation fees as deducted to the Union. The Union shall, on or before the tenth (10th) day of each month, furnish to the Employer a list of member-employees and the amounts due therefore, including dues owing for the succeeding month. 2 The Employer shall, on or before the last day of the same month, deduct and remit such dues as authorized to the Union. The Employer will deduct Union dues and initiation fees on a weekly basis. The Employer shall, on or before the 10th day of the following month remit such dues as authorized to the Union. In the event no wages are then due the employee, or, are insufficient to cover the required deduction, it shall be the responsibility of the Union to resubmit the amount due on the next regular monthly billing. Once each month the employer will submit to the union a list of employees hired the previous month. The list will include the employees name, social security number, store code, job code, and date of hire. Once each year the employer will deduct from the pay of the employees, who have certified in writing, a political deduction. The union shall furnish to the employer the amounts to be deducted on the regular monthly billings. 2.3 No employee shall be deprived of membership in the Union except in accordance with the Constitution and By-Laws of the Union. 2.4 The Employer and/or its agents or representatives agree not to aid, promote or finance any other group or organization which purports to engage in collective bargaining. 2.5 The Employer and the Union agree that there shall be no discrimination against any employee on account of Union activities or affiliation, or because of race, religion, color, creed, national origin, sex or age in accordance with existing law. Where the word "he" appears in this Agreement, the parties agree that it applies to both "male and female" employees. 2.6 The Employer agrees not to enter into any agreement or contract with their employees, individually or collectively which, in any way, conflicts with the terms and provisions of this Agreement. 2.7 The Employer agrees to permit an authorized representative or officer of the Union to have free access to the stores at all hours when members of Local No. 655 are on duty to satisfy the Union that the terms of this Ag r e e m e n t are c o mp li ed w i th , but su ch representative or officer shall not interfere with the duties of any of the said employees or the business of the Employer. The Union shall have the right to designate a union steward and assistant union steward for each store who shall have top ranking seniority (during the term of their office), irrespective of actual length of service, in case of layoffs and transfers. 3 2.8 The Union store card may be displayed in all places where members of Local No. 655 are employed exclusively. The store card shall be removed at the request of the Union. 2.9 Members of the Union must wear their union buttons when on duty. 2.10 Corrective action initiated as a result of investigative shopping reports will be taken within five (5) scheduled working days. All other corrective action will be taken within a reasonable period of time. Corrective action will be discussed in the presence of the employee and if requested, the Union Steward or the Business Agent or another bargaining unit employee. The employee and the union will be given a copy of the "Corrective Action". Work rules and regulations which apply to bargaining unit employees and changes thereafter will be given to the Union. ARTICLE 3 - MANAGEMENT RIGHTS: The Management of the business and the direction of the working forces, including the right to plan, direct and control store operations, hire, suspend or discharge for proper cause, transfer or relieve employees from duty because of lack of work or for other legitimate reasons, the right to study or introduce new or improved production methods or 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, however, that their right shall be exercised with due regard for the rights of the employees, and provided further that it will not be used for the purpose of discrimination against any employee. This paragraph is subject to the Grievance Procedure. ARTICLE 4 - GRIEVANCES AND ARBITRATION: 4.1 Should any differences, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an earnest effort made on the part of both parties to settle same promptly through the following steps: Step 1. By conference between the aggrieved employee, the union steward and/or business agent, or both, and the store manager or owner. Store Management shall make its decision known within two (2) working days thereafter. If the matter is not resolved in Step 1, it shall be referred to Step 2 within two (2) working days. Step 2. By conference between the business agent and the owner or a supervisor of the Employer. The Employer shall make its decision known within three (3) working days thereafter. If the matter is not resolved in Step 2, it shall be reduced to writing and referred within three (3) working days to Step 3. 4 Step 3. By conference between an official or officials of the Union and a designated representative of the Employer. Step 4. In the event the last step fails to settle the complaint, it shall be referred, within seven (7) working days, to Arbitration. 4.2 In any case in which an employee is aggrieved and the Union promptly notifies the employee that it does not intend to request arbitration after the Step 3 meeting, the time for requesting arbitration shall be stayed pending the employee's exhaustion of internal union appeals to the Union's Executive Board. 4.3 The Employer and the Union shall mutually agree to an impartial arbitrator to hear said arbitration case; however, if said arbitrator cannot be chosen within three (3) days then the Federal Mediation and Conciliation Service will be requested to furnish a panel of seven (7) names from which the arbitrator may be chosen. The arbitrator will be selected within seven (7) days after the receipt of the panel by alternately striking names. The party striking first will be determined by the flip of a coin. The decision of the arbitrator shall be binding on both parties. The expenses of the arbitrator shall be paid for jointly. Such Arbitrator shall not be empowered to add to, detract from, or alter the terms of this Agreement. 4.4 The Employer may, at any time, discharge any worker for proper cause. The Union or the employee may file a written complaint with the Employer within seven (7) days after the date of discharge asserting that the discharge was improper. Such complaint must be taken up promptly. If the Employer and the Union fail to agree within five (5) days, it shall be referred to Arbitration. Should the Arbitrator determine that it was an unfair discharge, the Employer shall abide by the decision of the Arbitrator. 4.5 Grievances must be taken up promptly. No grievance will be considered, discussed, or become arbitrable which is presented later than seven (7) days after such has happened. 4.6 The Employer shall have the right to call a conference with a Union steward or officials of the Union for the pu rpose of discussing his grievance, criticisms, or other problems. 4-7 Grievances will be discussed only through the outlined procedures; except that by mutual agreement between the Union and the Employer, the time limits may be waived. 4-8 There shall be no lockout or cessation of work pending the decision of the Arbitrator. 5 ARTICLE 5 - UNION COOPERATION: 5.1 The Union shall use its best efforts as a labor organization to enhance the interests of the Employer, as an employer of union 1abor. 5.2 The Union agrees to uphold the rules and regulations of the Employer with regard to punctual and steady attendance, proper and sufficient notification in case of necessary absence, conduct on the job, and all other reasonable rules and regulations established by the Emp1 oyer. 5.3 The Union agrees to co o p e r a t e with the Employer in maintaining and improving safe working conditions and practices, in improving the cleanliness and good housekeeping of the stores, and in caring for equipment and machinery. 5.4 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. 5.5 The Union recognizes the need for improved methods and output in the interest of the employees and the business, and agrees to cooperate with the Employer in the installation of such methods, in suggesting improved methods, and in the education of its members in the necessity for such changes and improvements. ARTICLE 6 - UNAUTHORIZED ACTIVITIES: 6.1 During the term hereof, the Union agrees that there shall be no strike or any interference with or interruption of the normal conditions of the Employer's business. The Employer agrees there shall be no lockout. 6.2 The failure of any employee to cross or work behind a lawful, primary labor picket line which has been officially recognized by the St. Louis Labor Council and/or the United Food & Commercial Workers International Union, AFL-CIO and CLC shall not constitute a violation of this Agreement. 6.3 The Employer and the Union mutually agree that in the event of an unauthorized strike or slowdown by an employee or employees that the Employer will not file or press suits for monetary damages against the Union. The Union agrees that it will immediately take every reasonable means to induce the employee or employees to return to their jobs or resume standard production. Should such employee or employees refuse to return to work or to resume normal production, the Employer may exercise whatever disciplinary action it deems proper against such employee or employees, including discharge, layoff, loss of seniority rights or other privileges granted employees under this Agreement or the Employer policy. 6 ARTICLE 7 - HOURS AND WORKING CONDITIONS: 7-la The basic work week for all employees covered by this Agreement, shall be forty (40) hours to be worked in five (5) eight (8) hour shifts or four (4) ten (10) hour shifts, not necessarily consecutive. The work week shall be each Employer's seven day payroll period. b- The regular work day for all employees shall not exceed eight (8) consecutive hours per shift [or ten (10) consecutive hours per shift for those employees scheduled to work four (4) ten (10) hour shifts] exclusive of an unpaid meal period. c- All time worked in excess of forty (40) hours per week or eight (8) consecutive hours per shift [ten (10) consecutive hours per shift for employees working four (4) ten (10) hour shifts] shall be paid at the rate of time and one-half (1 1/2) the employees' regular rate of pay. There shall be no pyramiding of overtime or premium pay. d- Available schedules for full time employees of four (4) ten (10) hour shifts shall be on a voluntary basis in accordance with seniority and qualifications to perform the job. The Employer will ascertain the number of four (4) ten (10) hour schedules available by department; then determine the actual number to be scheduled by department based on the number of volunteers per department. At no time shall anyone be forced to work a four (4) ten (10) hour schedule. e. Daily overtime shall be offered by seniority and job classification within the store among the employees present and qualified to do the work when the need for overtime arises. Scheduled overtime shall be offered by seniority to employees qualified to do the work within the store for the designated time. Employees shall not be required or compelled to work overtime as defined above. However, if an insufficient number of employees volunteer, then qualified employees may be required to work by inverse order of seni ori ty. f - A11 employees shall receive at least one full day off per calendar week, Monday through Saturday inclusive. If employees are required to work on their scheduled day off, they shall be paid at the rate of time and one-half (1 1/2) their regular rate. 7.2a. The Store Manager will post a work schedule by seniority (in ink or other permanent means) for all employees, by surname and initial, for the succeeding week by 4:00 p.m. Friday of the current week. Any employee leaving on schedule before 4:00 p.m. and is not scheduled to work on Saturday, will be advised by store management of his schedule to be posted. This schedule shall be accessible to all employees and the Union. Copies of all master food schedules shall be posted in one central location accessible to all employees. *>• All employees shall have a minimum of eight (8) hours off between shifts except as referenced in Section 7.2h, and except that 7 at the employee's option, the eight (8) hour minimum may be waived. Employees shall not work split shifts. c. Starting time for full-time employees shall not be changed without twenty-four (24) hours' notice to each employee affected by such change, except in case of emergency caused by illness, absenteeism, etc. d. Thirty-two (32) or more hours per week employees shall have preference of available days off by seniority, job classification, and availability. Once days off are selected, they will not be changed except in holiday weeks for reasons beyond the control of the Em pl o y e r or for operational changes. By agreement with the Union, the Employer may elect to rotate Saturday off between all employees in a particular classification rather than to grant them to the more senior employees. This paragraph shall not preclude the right of the Employer to grant, on an individual request basis, a particular day off on an infrequent basis to an employee for a valid reason. e. When hours are added to the posted schedule during the week, they shall be given to the most senior qualified employee(s) who are available to work those hours. Such added hours will be given in consideration of the employee(s) present schedule and the operational needs of the store, both in the number of hours added and when the hours are needed; and further provided such hours will not cause the payment of overtime. If the Employer offers the hours to an employee not scheduled the day the added hours are needed, the Employer will call the most senior qualified regular employee not scheduled to work five (5) shifts excluding Sunday and offer the added hours to this emp1oyee. f• If in case of an emergency an employee fails to report to work as scheduled, then those hours will be offered to the most senior qualified employee working that day and is available to work the needed hours, or to the mosy senior qualified employee not scheduled to work on those days. Sbch hours will be given in consideration of the emp1oyee(s) present schedule and the operational needs of the store, both in the number of hours offered and when the hours are needed; provided such hours will not cause payment of overtime. When the Employer offers the hours to an employee not scheduled the day the hours are needed, the Employer will call the most senior qualified regular employee not scheduled to work five (5) shifts excluding Sunday and offer the hours to this employee. g. It is agreed that night work after 6:00 p.m. will be assigned on an equitable basis among all employees who work thirty-two (32) hours or more per week, and that no thirty-two (32) hour or more per week employee will be required to work more than two (2) nights per week, except the head grocery clerk and head produce clerk who will not be required to work more than three (3) nights per week. (For the purpose of applying this clause, this employee shall have worked thirty-two (32) hours or more per week for a period of thirteen 8 (13) consecutive weeks.) An employee who works less than thirty-two (32) hours per week for a period of thirteen (13) consecutive weeks shall be disqualified from the above two (2) night provision. All employees hired after May 1, 1972, who work thirty-two (32) hours or more per week for thirteen (13) consecutive weeks, will not be required to work more than three (3) nights per week. h- A premium of sixty cents (60t) per hour in addition to the regular rate of pay shall be paid for all hours worked between 12:00 A.M. and 5:00 A.M. Employees scheduled for more than five (5) hours, whose shift encompasses 12:00 A.M. to 5:00 A.M., will be paid the premium for the entire shift. Night shift differential shall be included in computing vacation pay. In the week in which a holiday occurs, the week's pay shall not be less than the basic pay plus normal shift differential. An employee working on a night shift which either begins or ends on a Sunday or holiday will be compensated at straight time plus night premium for the entire shift. However, employees who are scheduled both the night shift before and the night shift of a Sunday or a holiday will receive their appropriate Sunday or holiday premium pay for the entire Sunday or holiday night shift. Any shift that is scheduled to end after midnight or begin before 4:00 A.M. is considered to be a night shift. This shift for full-time employees shall be eight (8) hours, not to exceed five (5) nights, forty (40) hours per week, except that full-time employees may be scheduled for forty (40) hours to be worked in four (4) ten (10) hour shifts. In this event, daily overtime shall not be paid until more than ten (10) hours have been worked. Employees working the night shift must have a minimum of twelve (12) hours' break between shifts. Available night schedules may be selected by qualified employees on the basis of seniority. In the event there are not enough volunteers, inverse seniority shall apply. Night stock crew employees working a forty (40) hour night schedule may replace a less senior forty (40) hour employee in their store not working a forty (40) hour night schedule, seniority and qualifications permitting. Such employees shall give the Employer at least ten (10) days' written notice. ’• I" scheduling courtesy clerks, the Employer shall schedule for a minimum of ten (10) hours per week. When scheduled, they shall not be reduced below ten (10) hours per week that week. It is understood that this guarantee cannot apply to an employee called in for replacement of another employee. J • Any employee who averages twenty-five (25) hours or more per week and who is unable to work because of injuries received during the scheduled work week, and whose injuries resulted out of or during the course of employment on the store premisses, shall be entitled to full pay not to exceed eight (8) hours [ten (10) hours for employees scheduled to work four (4) ten (10) hour shifts] for each scheduled day lost because of such injuries, but not to exceed three (3) days, 9 provided, however, that the employee shall report upon receipt of the injury to the store manager who shall refer the employee to the Employer's physician. The physician's decision with respect to the length of time required off from the job shall be the controlling factor, provided further that nothing in this provision shall affect any rights accruing to either party under the Worker's Compensation Act of the State of Missouri, and that the Employer shall receive credit for any p a ym en t made under this Article, should any compensation be awarded in accordance with the State Worker's Compensation Act. The above payment is meant to compensate the employee for scheduled days lost prior to the date Worker's Compensation benefits become effective. When an employee averaging less than twenty-five (25) hours per week is injured on the job, they will be paid for the balance of that days work schedule provided that they conform with the procedures set forth above. k. When an employee, following an "on-the-job injury," is certified as ready and able to perform all regular duties by his or her attending physician and/or Company doctor but requires continued medical treatments as a result of the same injury, the Employer shall adjust the work schedule upon request without penalty to the employee or Employer, to provide both the time for medical care and the number of hours of work for which the employee is regularly scheduled by seniority and job classification. 7.3 All employees working shifts of six (6) or more hours per day will be allowed a paid uninterrupted rest period of fifteen (15) minutes for each one-half (1/2) shift worked, not to exceed two (2) rest periods per day. Employees working four (4) hour shifts up to six (6) hour shifts per day shall be entitled to one (1) paid uninterrupted fifteen (15) minute rest period per day. Rest periods shall not be required until the employee has been on duty at least two (2) hours. 7.4 The meal period, without pay, shall not exceed one (1) hour per day on the employee's time and shall be allowed between the beginning of the fourth (4th) hour and the ending of the sixth (6th) hour after starting time. Any employee working five (5) hours or more shall be entitled to an unpaid thirty (30) minute lunch period, if requested. 7.5 When an employee shall report for work at the time and place ordered or scheduled, then such employee shall be paid a minimum of four (4) hours' pay at the regular rate. Students who are available regularly for as much as four (4) hours in any day during regular store hours shall be covered by the four (4) hour guarantee, except courtesy clerks may be scheduled for three (3) hours in any day. 7.6. When supervision or the Employer elects to instruct a member of the bargaining unit to report to the store for emergencies, they 10 will be paid a minimum of two (2) hours at time and one-half (1 1/2) their regular rate of pay. 7.7 Hours not worked but compensated for by the employer (up to a maximum of forty (40) hours per week), shall be credited as hours worked for purposes of seniority, vacation pay, holiday pay, severance pay and wage progression. 7.8 All employees covered by this Agreement who receive hourly compensation shall record in person the exact number of hours worked by use of a time clock or other time record keeping instrument. The Employer and the Union agree that a proven violation of established time clock rules, including work before punching in or after punching out, may subject an employee to disciplinary action up to and including discharge. Falsification of payroll records shall be cause for dismissal. The Employer agrees to allow the shop steward or Business Representative to check time records for hours worked on employees covered by this Collective Bargaining Agreement; and further agrees upon reasonable notice, to allow records to be checked where necessary for wage rates. 7 ,g The Employer agrees to provide a complete first aid kit in each store. 7.10 Official notices authorized by the Local Union may be posted on the store bulletin board. They shall not be objectionable in nature. V ARTICLE 8 - SENIORITY: 8.1 Seniority shall be defined as the employee's length of continuous service with the Employer, or date of entry into the bargaining unit or seniority classification, whichever is later. No employee shall acquire any seniority rights until he/she has been employed by the Employer for at least forty-five (45) days, and he/she shall not be deemed to be entitled to any of the privileges of seniority until he/she has been employed for that long. On the forty-sixth (46th) day, seniority shall apply from the date of employment. It is understood that by mutual agreement between the Employer and the Union, an extension of the forty-five (45) day probationary period may be granted, not to exceed an additional fifteen (15) days. 8.2 Seniority of an employee shall terminate for any of the following reasons: A. Voluntary resignation. B. Discharge for proper cause. C. Failure of an employee to return to work following a layoff within five (5) working days after'notice by certified mail or telegram by the Employer to the employee's last known address on Employer's records. 11 anH • <.E 3 1 ' U1e oE an emP 1oyee to return to work undei and conditions of Article 11 (Leaves of Absence). the terms for a period ̂ f 6 six fb? months' l l c ^ I “of"6, ay"o°f f0r the Empl°y - F. Ret i rement. 8.3 There shall be three (3) seniority lists as follows: B • Regular clerks forty (40) hours per week. regular clerk normally works less than C. Courtesy Clerks. 8.4a Full-time clerks shall have seniority over regular clerks. L ,, ,QB?ployJeel wh0 were placed on the full time seniority list on ay,^,’ and w >̂° were classified as regular on that date will he ranked on the full time seniority list u9sing t h a t re g u f a r^ se n io r i^ y ffoorrttyv f( 44 0n)\f hours for tiamne aecmcpo1ouyneteisn ga rpee riinovdo,l untthaeryi lyw ilreld ucheadv pb etlnonw seniority on the regular seniority list. P . Any fu,1-time employee who voluntarily reduces their hours ‘°jnre9“ ,ar status will be put on the regular clerk seniority list using the employee s original seniority date in the bargaining unit. e" Employees who were classified as regular on May 11 1985 rclla!slsjiffiteada n ast hapta rt?-atti®m’ e anond wthiant dhaatvee. senior1ty over employees who were fqoc . 11Cour\tesy who were classified as regulars on May 11, 1985, will retain that date and will have seniority over courtesy clerks who were classified as part-time on that date. y ®-5 . The Employer shall submit to the Union, on a quarterly basis, a current seniority list. 3 avai lahid Court e sy Clerk. When a regular clerk's job becomes available, a courtesy clerk employee wilT have the first opportunity to advance into the regular classification within the store in which avail,Va'bhPii1li0i-t*ye e anWd? ra kbkSi.l, ibJty steo nidoo rtihtey ,w orpkr.ovided the employee has the 12 8.7a Employees shall be scheduled by seniority for the most weekly hours. 8. At least fifty (50%) percent of the scheduled hours in each store (excluding Courtesy Clerk hours) shall be guaranteed forty (40) hour schedules. Forty (40) hour schedules shall be assigned to employees by job classification based on seniority and ability to perform the work. The number of forty (40) hour schedules in a store will be the same for each week of a period, and will be calculated (averaged) on the budgeted hours based on expected sales for each of the four (4) weeks of the period. For example: 1st week budgeted hours 1900 hours 2nd week budgeted hours 1250 hours 3rd week budgeted hours 1640 hours 4th week budgeted hours 1500 hours Total budgeted hours 6290 hours 6290 period hours divided by 4 weeks = 1573 average 1573 times 50% ratio = 787 full time hours 787 divided by 40 = 20 full time schedules each week of that period The Employer agrees that if a store's actual hours worked by those employees covered under this Section deviates more than reasonable can be expected from the budgeted hours for a four (4) week period, appropriate adjustments shall be made immediately after the Business Representative brings such deviations to the attention of the Company of f i ci al s . This section shall not apply during the first eight (8) weeks of a new store opening, or the first four (4) weeks of a major remodel. Fractions of forty (40) hour schedules will be rounded up or down. All forty (40) hour schedules that are shown on the work schedule count for purposes of the ratio whether worked by the employee or not. However, full time employees on an approved leave of absence for over four (4) weeks shall be replaced under the following conditions: 1. Will not be replaced if the store has an overage in the full time ratio. 2. If replaced within the store, the employee must be qualified to perform the job and will be considered as a "temporary replacement" and not assigned a full time seniority date. 3. _ A full time employee may be transferred from another store if his/her store has an overage in the full time ratio. A. The replacement will take place at the beginning of the next accounting period following at least four (4) weeks of absence. 13 The remaining fifty (50%) percent of the hours (excluding Courtesy Clerk hours) shall be weekly schedules assigned to regular employees. At least forty (40%) percent of these weekly scheduled hours shall be schedules of at least twenty-five (25) hours but less than forty (40) hours. Regular employees, by job classification, are entitled to the weekly schedule with the most hours based on seniority and ability to perform the work. c. Employees may claim the entire weekly schedule of a less senior employee, if the less senior employee has a schedule with more weekly hours, in accordance with availability, job classification, and ability to perform the type of work within the store in which they work. Claims under this provision of the Agreement must be made by the employee to the Employer no later than 5:00 p.m. Saturday, or the employee forfeits any claim. 8.7d 1. In the event a forty (40) hour Master Food schedule becomes available, exclusive of department head and assistant department head positions, the following procedure will apply: The most senior Master Food employee as referenced in Section 8.4c above in the geographical zone of the Employer where the forty (40) hour permanent schedule becomes available will be given the first opportunity to work a forty (40) hour schedule. The Employer will offer the position to the most senior employees in the geographical zone, who have indicated to the Employer in writing that they desire to work a forty (40) hour schedule. These written requests for forty (40) hour jobs must be sent to the Labor Relations Department prior to August 1st and February 1st of each year for each succeeding six (6) month period. Employees who refuse to transfer to obtain a forty (40) hour schedule relinquish their opportunity for that six (6) month request period to be transferred for a forty (40) hour schedule, and will only be offered the opportunity to work an available forty (40) hour schedule by seniority in his/her store during the remainder of that six (6) month period. Employees will acknowledge in writing each time a forty (40) hour schedule is offered and they refuse the opportunity. 2. In the event a forty (40) hour schedule becomes available due to volume fluctuations, the most senior employee in the store where the opening is deemed to exist who desires forty (40) hours will be given an opportunity to work a forty (40) hour schedule. The employee placed in the forty (40) hour position will be a temporary replacement and not assigned to a full time seniority date. If the forty (40) hour job continues to exist after three (3) full 14 accounting periods, it will be filled by the process outlined in Sect i on 1 above. 3. If necessary, training in the job to be performed will be provided. The Employer will determine within a two (2) to four (4) week period if the employee can perform the work satisfactorily. If an employee is disqualified because of this provision, he/she will be transferred back to their original store. These employees may only be offered forty (40) hour schedules in the future in their present job classification, i.e., grocery, produce, checking and office. 4. In the event a forty (40) hour schedule becomes available for an employee covered under a Supplemental Agreement, the most senior regular employee in this Supplemental Agreement department in the store where the opening is deemed to exist, who desires forty (40) hours will be given an opportunity to work a forty (40) hour schedule. If necessary, training in the job to be performed will be provided. The Employer will determine within a two (2) to four (4) week period if the employee can perform the work satisfactorily. 5. If the employee mentioned in #1 above refuses a forty (40) hour schedule, then the Employer will repeat the procedure in #1 until the ten (10) most senior employees in the geographical zone who have submitted their request, in writing, have been offered the schedule. If none of these ten (10) employees accept this forty (40) hour schedule, then the Employer may offer the schedule to the most senior employee in the store where this opening is deemed to exist who desires to work a forty (40) hour schedule. 6. Forty (40) hour schedules in new and/or remodeled stores are not to be considered as available forty (40) hour schedules. Forty (40) hour schedules vacated in other stores because of the new store will be filled in accordance with #1 above. 7. The Employer may elect not to replace the forty (40) hour job if the store has an overage in the full time ratio. 8. A full time employee may be transferred from another store to fill the vacancy if his/her store has an overage in the full time ratio. 9. Geographical zones will be mutually agreed to between the Employer and the Union and attached hereto and considered to be part of this Agreement. 8.8 Employees who at any time have voluntarily limited their availability for work may thereafter claim a weekly schedule with more hours only when a vacancy occurs, or when additional hours become available. The employee shall notify the Employer in writing of their intent to claim a schedule with a greater number of hours when their availability is again unlimited on a permanent basis. 8.9 It is agreed by the Employer that the store manager will not use the scheduling of hours as a punitive measure. 15 8.10 A full-time (40 hour) employee who has been reduced below forty (40) hours per week for four (4) out of six (6) weeks in their store, seniority permitting, may replace the least senior full-time employee in the same job c l a s s i f i c a t i o n in each Em pl o y e r ' s geographical area. Requests to exercise seniority in this regard must be made in writing to the Personnel Department within one (1) week following the four (4) week period. In the event an employee who was on the Regular seniority list on May 11, 1985 and is eligible for the twenty-five (25) hour minimum schedule as specified in 8.7b, and the employee is reduced below twenty-five (25) hours for two (2) consecutive weeks, the employee may request, in writing, to be trained in a different job function in his/her store. If such training would make available to the employee a work schedule with more hours in his/her store, the Store Manager will make such training available. The Employer will determine within three (3) weeks if the employee can perform the work satisfactorily. 8.11 In the event of a store closing, full-time (40 hour) employees in the closed store will be treated as laid-off employees in accordance with Section 8.12, paragraphs a, b, and c. 8.12 In the event of lay-off, all employees may exercise their seniority in the following manner: a. Employees may exercise their seniority on the basis of replacement of the least senior employee working in the same classification in each Employers' geographical area. b. An employee who is displaced as a result of (a) above may have the opportunity to replace the least senior employee in the same classification in another of the Employer's geographical areas closest to that employee's residence. c. An employee who is displaced as a result of (b) above may have the opportunity to displace the least senior employee in the same classification in the unit covered by this Agreement. d. An employee who is displaced as a result of (c) above will be considered to be on layoff status. Recall to work shall be in accordance with seniority, with the last employee laid off being the first to be recalled within the affected job classification. e. A regular clerk who is laid off, seniority permitting, may displace a courtesy clerk in the store in which he is working. Such employee shall receive the prevailing courtesy clerk rate of pay and be placed on the courtesy clerk seniority list in accordance with his regular clerk seniority date, or his original courtesy clerk seniority date, whichever is earlier. f. All changes occurring due to paragraphs a, b, and c, above shall be completed in a period of not more than two (2) weeks. 16 8.13 Department heads may exercise their seniority as described in section 8.12 a, b, c, and d, above with the exception: Department heads may not displace another department head but may displace a full-time employee. 8.14 PROMOTIONS: In the matter of promotions after giving due regard to seniority, the Employer shall have the right to exercise their judgment. 8.15 TRANSFERS: Transfers from one type of work to another or from one store to another will be made for justifiable reasons and will not be used for the purpose of discriminating against any emp1oyee. When the Employer opens a new store where there are additional full-time openings, employees working forty (40) hours a week, who have advised the Personnel Department or the Employer in writing of their desire to transfer to a store nearer their home, will be considered for such openings in accordance with seniority and availability. ARTICLE 9 - UNIFORMS AND DRESS CODE: 8-1 Any uniforms or specific neckwear deemed necessary by the Employer for its employees shall be furnished and laundered by the Employer without charge. Where dacron or similar type uniforms are furnished employees, such uniforms shall be laundered by the employee and will be replaced as necessary, provided the employee turns in the worn uniform for a new uniform. 8-2 During excessively cold weather, reasonable wearing apparel may be worn. 8.3 Employees will be allowed to wear any light, solid colored dress shirt. Hair styles of employees not conforming to the Company's dress code will be reviewed by the supervisor or Personnel Manager and the Business Agent before any suspension or discharge of employee. ARTICLE 10 - SUBSTANCE ABUSE: 10.1 The Employer and the Union recognize the seriousness of substance abuse in our society, and the need to approach this problem in a humane and progressive manner, and in a manner which recognizes the legitimate privacy rights of the employees. It is a violation of this Agreement for an employee to be on the premises of the Employer under the influence of a controlled substance or alcohol. 10.2 Where there is a reasonable basis for believing that an employee is under the influence of a controlled substance or alcohol, the Employer may request the employee to submit to a testing procedure consistent with the steps set forth below. At the time that such a request is made, both the employee and the Union business agent (or in the event of the unavailability of the business agent, the steward or 17 another member of the bargaining unit) shall be specifically advised of all of the facts forming the basis of the Employer's belief that the employee is under the influence of drugs or alcohol. If the employee refuses to take the test, and if the Em pl oy er had a reasonable basis for believing that the employee was under the influence of a controlled substance or alcohol, then the Employer may impose discipline up to and including discharge. 10.3 Any test performed under this Article shall be performed at a clinic or hospital at the Employer's expense. The employee shall be compensated for all time involved with the testing, and for travel to and from the test site. 10.4 For alcohol, one test is sufficient. If it is established that the employee was under the influence, the employee is subject to discipline up to and including discharge. In lieu of the discharge, the Employer, at his discretion, may elect to require the employee to participate in an alcohol treatment program. 10.5 In the event that the tests prove positive for a controlled substance, then a confirming test must be performed. If the validity of the results of the first test are confirmed, the employee is subject to discipline up to and including discharge. In lieu of the discharge, the Employer, at his discretion, may elect to require the employee to participate in a drug treatment program. To the extent required to enable the employee to participate in the program, the employee shall be allowed to take an unpaid leave of absence not to exceed thirty (30) days. Should the employee refuse to participate in a treatment program, he will be terminated. 10.6 As a condition of returning to work after completion of the program, an employee who participated in a drug treatment program will be subject to random testing, up to one year after completion of said program. In the event the random test proves positive for controlled substances, the employee will be discharged. Company records shall be kept in strict confidence, and neither said records nor the contents thereof shall be disseminated to any third party except to the extent required by law. 10.7 In the event any test results do not establish that the employee was under the influence of alcohol or tested positive for controlled substances, then the Employer shall expunge from it's records all references to the testing. ARTICLE 11 - LEAVES OF ABSENCE: 11.1 A Leave of Absence shall be defined as a period during which an employee must, for legitimate reasons, be absent from work. Leaves under this Article shall be limited to: 18 a. Mili tary b. Medical c. Maternity d. Union e. Management f. Personal They shall be for a specified length of time and without pay. 11.2 MILITARY LEAVE: In the event an employee covered by this Agreement enters into the Armed Forces of the United States, they shall be eligible for reinstatement in accordance with the provisions of the applicable Federal Legislation. 11.3 MEDICAL LEAVE: A leave of absence for reason of extended personal illness or injury shall be granted to all employees, with six (6) months or more of consecutive service, for an initial period not to exceed thirty (30) days, provided such request is supported by satisfactory medical evidence. If at the end of thirty (30) days the employee is unable to return to work, the leave may be extended for an additional thirty (30) days and each thirty (30) days thereafter, up to a maximum of twelve (12) months, provided such request for an extension is supported by satisfactory medical evidence. 11.4 MATERNITY LEAVE: a. A maternity leave of absence shall be granted to all employees with six (6) months or more of consecutive service for the purpose of prenatal and postnatal care. The Employee shall notify the Employer as soon as pregnancy is determined. b. The pregnant employee must furnish the Employer with an attending physician's statement indicating approximate delivery date, and the employee's ability to continue work. c. Following submission of satisfactory medical evidence that a pregnant employee is physically capable of continuing to work, and after consideration of all the factors involved in the performance of job duties including her own safety as well as other employees, the Employer shall grant the leave. d. Maternity leave shall extend for an initial period not to exceed thirty (30) days from the date of birth. If at the end of the thirty (30) days the employee is unable to return to work, the leave shall be extended under the provisions of Section 11.3 Medical Leave. 11.5 Following compliance with the terms of 11.3 and 11.4 above, an employee, upon returning to work with a doctor's release indicating physical fitness to return to work, shall be placed in the same or comparable job classification, seniority permitting, and shall receive the rate of pay then established for the job. The employee will be scheduled for work on the next posted schedule in accordance with seniority, provided that the necessary notification and/or release was presented to the Employer at least twenty-four (24) hours prior to the 19 time called for in this Agreement for the posting of the written schedule. 11.6 UNION LEAVE: When an employee leaves employment with the Company to take employment with United Food & Commercial Workers Union Local No. 655, or the United Food & Commercial Workers International Union, the employee shall be considered on a leave of absence up to a maximum of three (3) years, and the employee shall, after completion of such employment with the Union, return to his former employment with the Company, and his seniority shall continue uninterrupted. Employees duly elected to serve as a Vice-President with Local Union No. 655, or as Shop Steward, shall upon giving proper notice be granted an unpaid leave of absence to attend scheduled meetings or conferences. However, at the employees request, when attending meetings of four (4) or less hours, they will have their daily work schedule adjusted without penalty to the employee. 11.7 MANAGEMENT LEAVE: A management leave of absence may be granted to an employee accepting a management position with the same Employer subject to the written approval of the Employer for a period of time not to exceed three (3) years. Seniority will not be interrupted during this period. 11.8 PERSONAL LEAVE: A personal leave of absence may be granted to employees having six (6) months or more of continuous service subject to the written approval of the Employer. Seniority shall not accrue during a personal leave of absence. 11.9 GENERAL PR OV I S I O N S : Except in cases of emergencies, a written request to the Personnel Department for a leave shall be made at least five (5) working days prior to the requested starting date of the leave. It shall be the responsibility of an employee who is on leave to notify the Employer if they are unable to return to work at the expiration of the leave and to request an extension in accordance with proper procedure. A copy of the approved Leave of Absence will be forwarded to the Union office. ARTICLE 12 - FUNERAL LEAVE: In the event of the death of a parent, brother, sister, spouse, son, daughter, or present mother-in-law, father-in-law, brother-in-law, sister-in-law, or present step-father or step-mother, of an employee averaging twenty-five (25) hours or more per week, or other relative residing with the employee, the Employer will grant a leave of absence from day of death until and including the day of the funeral, not to exceed three (3) days with pay for scheduled working days, provided the employee attends the funeral. In the case of grandparents and grandchildren (member or spouse) or son-in-law or daughter-in-law not living with the employee, one day will be given off, that day being 20 the day of the funeral. The employee shall not be paid beyond the date of the funeral. ARTICLE 13 - JURY DUTY: Employees averaging twenty-five (25) hours or more per week who are subpoenaed and who report for jury service shall receive the difference in pay for the time lost and the amount received as jury pay, but in no case shall the total pay exceed forty (40) hours pay at the employee's regular straight time hourly rate of pay. Jury pay shall not exceed ten (10) working days per calendar year. When an employee is released for a day or the greater part of the day, he/she shall report to the store for work, except that if a night work employee is required to be on jury duty more than four (4) hours in any one day, the employee shall not be expected to report for work that night providing he/she is scheduled to serve on jury duty the following day. ARTICLE 14 - SUNDAYS AND HOLIDAYS: 14.1 The following days shall be recognized as holidays and shall apply only to employees hired prior to June 19, 1988, and to employees hired after June 18, 1988 who have completed six (6) months of service: New Year's Day, Memorial Day, Fourth-of-July, Labor Day, Thanksgiving Day and Christmas Day, or on days legally celebrated in lieu thereof. In addition to the above holidays, employees hired prior to May 9, 1982, and employees hired after that date averaging twenty-five (25) or more hours per week who have had one (1) year or more of continuous service, shall be granted a personal holiday (Effective January 1, 1990, two (2) personal holidays) subject to the same conditions set forth in this Article for other holidays. This personal holiday shall be celebrated on any day which is mutually agreeable to the employee and the Employer. No weeks may be blocked out. After employees have initially qualified for a personal holiday, they will qualify for future personal holidays as of January 1st. 14.2 All employees averaging twenty-five (25) hours or more per week shall receive a full day off, with pay, on their birthdays. If the birthday falls on a Sunday or a holiday, or on the regularly scheduled day off, the full day will be granted in the following manner: Birthday on Sunday. Celebrated on the first scheduled day after Sunday. Birthday on Holiday. Celebrated on the first scheduled day after a recognized holiday. Birthday on scheduled day off. Celebrated on the first scheduled day after day off. 21 The Employee shall notify the store manager at least fourteen (14) days prior to the birthday in order to qualify for this day off. 14.3 All employees who have not been absent of their own accord on either the scheduled working day before or the scheduled working day after a holiday shall receive holiday pay on a pro-rated basis based on the average hours worked during the preceding four (4) week period in accordance with the following schedule: Under 16 hours 3 hours' pay 16 through 24 hours .4 hours 1 pay 25 through 31 hours 6 hours' pay 32 through 40 hours 8 hours' pay 14.4 However, if an employee is absent on the scheduled working day before or the scheduled working day after a holiday due to proven illness, or absence approved in advance by the Employer, they shall receive the holiday pay provided they work any part of the holiday week. 14.5 During weeks in which holidays occur, full time employees will be scheduled for a minimum of thirty-two (32) hours work in four (4) shifts, except for those full time employees who are working ten (10) hour shifts during a holiday week. These employees shall be scheduled a minimum of thirty (30) hours work in three (3) shifts. The holiday pay for these individuals shall be ten (10) hours. Weekly overtime will not be paid in a holiday week until after forty (40) hours of actual work. 14.6 Sunday work may be part of the basic work week. Employees who work on Sundays shall be paid time and one-half (1-1/2) their straight time hourly rate of pay, except that employees hired after June 13, 1985 shall be paid a premium of One Dollar ($1.00) per hour in addition to their regular straight time hourly rate of pay for hours worked on Sunday; however, employees other than Courtesy Clerks, shall receive a premium of Two Dollars ($2.00) per hour in addition to their regular straight time hourly rate of pay after one (1) year of emp1oyment. Employees hired prior to June 19 , 1 988 who work on holidays shall be paid time and one-half (1-1/2) their straight time hourly rate of pay. Employees hired after June 18, 1988 shall be paid a premium of One Dollar ($1.00) per hour in addition to their regular straight time rate of pay for hours worked on holidays; however, employees other than courtesy clerks, shall receive a premium of Two Dollars ($2.00) per hour in addition to their regular straight time hourly rate of pay after one (1) year of employment. Work on Sundays and Holidays shall be on a voluntary and rotating basis among qualified employees in the seniority classifications needed. However, if not enough employees volunteer to work, then such work will be assigned to qualified employees on an inverse seniority basis, except for those employees hired before May 8, 1982. 22 A Sunday and holiday volunteer list will be posted by seniority classification in each store in order to determine those employees who desire Sunday and holiday work. This Sunday and holiday list shall be posted for each four (4) week period throughout the year. Employees may add their names to the list at any time or delete their names from the Sunday and holiday volunteer list at any time. If an employee elects to delete their name from the volunteer list, they will be passed over on that particular Sunday or holiday until such time as they volunteer again. When said employee again places their name on the volunteer list, they will be placed on the bottom of the volunteer list and begin to work their way up through the rotation process. When Sunday work is part of the basic work week, management will attempt whenever possible to make schedules with two (2) consecutive days off. Hours worked on Sundays and holidays will apply toward the following: 1. Wage progression 2. Vacation hours 3. Holiday pro-rata pay 4. Seniority 14.7 There shall be no work on New Year's Day, Easter Sunday, Thanksgiving Day, Christmas Day, and after 6:00 P. M. on Christmas Eve and 8:30 P.M. on New Year's Eve. Stores will be closed no later than 5:30 P.M. on Christmas Eve and 8:00 P.M. New Year's Eve to allow employees to finish work by the appropriate time. Work after 6:00 P.M. on New Years's Eve shall be voluntary; however, should an insufficient number of employees volunteer, the Employer may assign employees to work after 6:00 P.M. by inverse seniority. When Christmas Day and New Year's Day fall on a Sunday, there shall be no work on those days, and pay and work for the following Mondays will be in accordance with Section 14.6 above. ARTICLE 15 - VACATIONS: 15.1 All employees who have been in the continuous employment of the Employer for one (1) year or more shall be granted one (1) week's vacation with pay. All employees who have been in the continuous employment of the Employer for three (3) years or more shall be granted two (2) week's vacation with pay. All employees who have been in the continuous employment of the Employer for seven (7) years or more shall be granted three (3) week's vacation with pay. All employees who have been in the continuous employment of the Employer for fifteen (15) years or more shall be granted four (4) week's vacation with pay. 23 All employees who have been in the continuous employment of the Employer for twenty (20) years or more shall be granted five (5) week's vacation with pay. All employees previously eligible for six (6) weeks of vacation shall continue to be granted six (6) weeks of vacation. 15.2 Vacations may be scheduled throughout all fifty-two (52) weeks of the year. No weeks will be blocked out. The Employer shall determine by store the number of employees, by department (produce, grocery, checking, etc.), who may be away on vacation during any week of the year, subject to the operational needs of the business. Vacation schedules shall be posted by December 1st and vacations selected by January 15th of each year. The completed vacation schedule shall be posted by February 15th of each year. Employees who fail to select vacations by January 15th will be placed at the bottom of the seniority list for the purpose of vacation selection. 15.3 Vacation pay for all employees shall be based on the employee's rate of pay at the time vacation is taken and will be determined by averaging the hours worked per week in the anniversary year preceding the vacation, or the twelve month period commencing January 1st to December 31st in the year prior to taking vacation. However, in no event shall a week's vacation pay exceed the number of hours in the basic work week times the employee's regular straight time hourly rate. The Employer must notify the Union within sixty (60) days after the effective date of this Agreement as to the method used to determine vacation, and must at all times stay with this choice during the life of this Agreement. 15.4 Employees who are eligible for two (2) or more weeks of vacation will be allowed to use one (1) week of their vacation one (1) day at a time for sickness or other personal reasons. Employees abusing this privilege shall be subject to corrective action. If these days are used for other than sickness, the rules of selecting personal holidays in Article 14, Section 14.1 will apply. 15.5 Leaves of absence for illness and/or injury of less than ninety (90) days in a calendar year shall not affect vacations. Such leaves of more than ninety (90) days but not over one hundred eighty (180) days shall reduce vacation and vacation pay by one quarter (1/4). Such leaves of more than one hundred eighty (180) days but not over two hundred seventy (270) days shall reduce vacation and vacation pay by one-half (1/2). Such leaves of more than two hundred seventy (270) days shall disqualify an employee for vacations. In the event an employee is off work because of an on-the-job injury through one hundred twenty (120) days, the Employer shall count all 24 time off as time worked for the purpose of computing vacation pay. Over one hundred twenty (120) days, the above formula shall apply. 15.6 If a holiday, as enumerated in Article 14 hereof, occurs during an employee's vacation, he or she shall be paid an additional day's pay or receive an extra day off in addition to the vacation pay. 15.7 In case of death of an employee, unpaid vacation benefits will be paid to the employee's beneficiary. 15.8 Any employee who is laid off or quits after his anniversary date shall be entitled to earned vacation due, but not taken. In addition, any employee with three (3) years of service shall be entitled to pro-rata vacation pay based on one-twelfth (1/12) for each full month worked past the last anniversary date. Any employee who is discharged for dishonesty, or does not give proper notice shall forfeit all vacation rights. ARTICLE 16 - HEALTH AND WELFARE: 16.1 The Employer shall pay eighty-three cents (834) per hour for all hours paid with a maximum of forty (40) hours per week, for all employees covered by this Agreement, into the United Food and Commercial Workers Union Local No. 655 Welfare Fund. Effective July 1, 1988, for hours paid in June, 1988, the Employer shall not be required to make contributions on behalf of courtesy clerks and employees covered under supplemental agreements hired on or after June 19, 1988 for the first twelve (12) months of employment. The Employers agree that during the term of this Agreement they will raise the Health and Welfare contribution rate to the level necessary to maintain the level of benefits in effect as of June 18, 1988 as determined by the Board of Trustees. 16.2 A copy of the Trust Agreement and any amendment thereto shall be made a part hereof as fully as if herein at length set forth. 15.3 If the Employer fails to make monthly Health and Welfare contributions as set forth herein, the Employer shall be notified by certified or registered mail of the Employer's delinquency, by the Health and Welfare Administrator if said remittance is not paid within ten (10) days; notwithstanding any provision of this Agreement the Union, without the necessity of giving any other further notice, shall have the right to strike or to take such action as it shall deem necessary until such delinquency payments are made. It is further agreed that in the event such action is taken, the Employer shall be responsible to the employees for any losses resulting therefrom. The Employer hereby waives the requirement of any other notice or notices being given by the Health and Welfare Administrator or by the Union to the Employer or anyone else other than such notice or notices expressly provided for in this Article. 25 16.4 The Employer agrees, upon reasonable notice, to allow records to be checked where necessary for Health and Welfare contri buti ons. ARTICLE 17 - PENSION: 17.1 Subject to the terms of this Article, from the effective date of this Agreement, the Employer shall pay fifty five (554) cents per hour for all hours paid with a maximum of forty (40) hours per week for all employees covered by this A g re em en t, into the Emp1oyer-Union Pension Fund, which shall be jointly administered by the Union and the Employer as provided in an agreement establishing such Pension Fund. Effective July 1, 1988, for the hours paid in June, 1988, the Employer shall not be required to make contributions on behalf of courtesy clerks hired on or after June 19, 1988 for the first twelve (12) months of employment. The Employers agree that during the term of this Agreement they will raise the pension contribution rate to the level necessary to maintain the level of benefits in effect as of June 18, 1988 as determined by the Board of Trustees. 17.2 Said Pension Fund shall be used to provide benefit pensions for eligible employees of the Employer as provided in a Pension Plan, the terms and provisions of which are to be agreed upon by the parties hereto. Said Pension Plan shall, among other things, provide that all be nefits under the Plan and costs, char ge s and expenses of administering the Plan, and all taxes levied or assessed upon or in respect of said Plan or Trust or any income therefrom, shall be paid out of the Pension Fund. 17.3 Said Pension Plan and the Trust Agreement establishing the Pension Fund shall be submitted to the United States Treasury Department and the United States Department of Labor for the approval and rulings satisfactory to the Employer, that said Plan is qualified under I.R.C., Section 401, et Seq., and that no part of such payments shall be included in the regular rate of pay of any employee. 17.4 It is understood and agreed that any and all steps necessary and advisable will be taken to obtain and maintain the approval and rulings of government agencies as outlined in paragraph 17.3 above, but payment of contributions to the Fund will not be delayed pending such approval and rulings; provided, however, that if such Plan is disapproved, then all contributions made by the Employer to the Pension Fund will be refunded to the Employer. 17.5 A copy of the Trust Agreement and any amendments thereto shall be made a part hereof as fully as if herein at length set forth, when adopted. 17.6 If the Employer fails to make monthly Pension contributions as set forth herein, they shall be notified by certified or registered 26 mail of their delinquency, by the Pension Plan Administrator, if said remittance is not paid within ten (10) days; notwithstanding any provision of this Agreement, the Union, without the necessity of giving any other further notice, shall have the right to strike or to take such action as it shall deem necessary until such delinquency payments are made. It is further agreed that in the event such action is taken, the Employer shall be responsible to the employees for any losses resulting therefrom. The E m pl oy er hereby waives the requirement of any other notice or notices being given by the Pension Plan Administrator or by the Union to the Employer or anyone else other than such notice or notices expressly provided for in this Article. 17.7 The Employer agrees, upon reasonable notice, to allow records to be checked where necessary for Pension contributions. ARTICLE 18 - 401(K) SAVINGS PLAN: The Employer agrees to provide to all eligible employees a 401 (K ) Savings Plan no later than January 1, 1990. ARTICLE 19 - TECHNOLOGICAL CHANGE: 19.1 The parties r e c o g n i z e that au tomated equipment and technology is now available for the retail food industry. The Employer recognizes that there is a desire to protect and preserve work opportunities. At the same time, the Union recognizes that the Employer has a right to avail itself of modern technology. With this common objective, the parties agree as follows: 19.2 In the event the Employer introduces major technological changes which would have direct material impact affecting bargaining unit work, thirty (30) days advance notice of such change will be given to the Union. In addition, the Employer agrees: A. Any retraining necessary will be furnished by the Employer at no expense to the employees. B. Where retraining is not applicable, the Employer will make every effort to effect a transfer to another store. C. In the event an employee is not retrained or transferred and is permanently displaced as a direct result of major technological changes, the employee will be eligible for severance pay in accordance with the following provisions: 1. All employees, excluding Courtesy Clerks, with two (2) or more years of continuous service will be eligible for one (1) week's severance pay for each year of continuous service. Maximum severance pay of eight (8) week's pay to be paid on a weekly basis. Weekly severance pay shall be determined by the average number of hours 27 worked for the four (4) weeks preceding displacement, not to exceed forty (40) hour's straight-time pay. 2. An employee shall be disqualified for severance pay in the event the employee: a. Refuses retraining. b. Refuses a transfer within a radius of forty (40) miles. c. Voluntarily terminates employment. ARTICLE 20 - STORE CLOSING: 20.1 In the event the Employer closes or sells a store and employees are terminated as a result thereof, pay equal to one week's pay for each year of continuous service, commencing with the third (3rd) year of continuous service for employees averaging twenty-five (25) hours or more per week, and the fifth (5th) year for employees averaging less than twenty-five (25) hours per week, up to, but not to exceed, eight (8) weeks pay at their regular rate. However, those employees who have an incomplete year of continuous service as an employee, will receive pro-rata severance pay for that year as follows: 0-3 months equals twenty-five (25) percent of a week's pay. 3-6 months equals fifty (50) percent of a week's pay. 6-9 months equals seventy-five (75) percent of a week's pay. Over 9 months equals one (1) week's pay. Severance pay shall be computed based on the average hours worked per week for the fifty-two (52) weeks preceding a voluntary layoff or termination. 20.2 The Employer shall continue contributions to the Pension and Health and Welfare Trust Fund for three (3) full months following termination for those employees who receive severance pay, except those employees who secure employment with a contributing Employer in the Pension and Health and Welfare Trust Fund. 20.3 Employees who are eligible for severance pay shall be entitled to holiday pay for calendar holidays that fall within thirty (30) days after their termination. All employees who are terminated as a result of store closing shall receive pay for earned personal and birthday holidays, and earned and pro-rata vacation in accordance with the provisions of Article 15, Sect ion 15.8. 20.4 All monies due employees shall be paid in a lump sum upon termination. 20.5 An employee who is terminated and who is eligible for severance pay, and accepts severance pay, forfeits their seniority and 28 has no recall rights. However, an employee may elect to accept a voluntary layoff not to exceed ninety (90) days. At the end of the ninety (90) day period if they have not been recalled, they will be paid severance pay and forfeit their seniority. Any extension of this ninety (90) day period must be agreed in writing and signed by the employee, a representative of the Union, and the Employer. In no case will such extension exceed a total of six (6) months from the date the employee accepted the layoff. 20.6 If an employee is offered a transfer within forty (40) miles of the store in which the employee was last working, and the job is comparable (similar type of work and similar number of hours worked per week) and the employee refuses to accept the transfer, the employee shall forfeit all rights to severance pay, holiday pay and Pension and Health and Welfare contributions. 20.7 If a store is sold and the successor Employer offers employment to an employee who is otherwise eligible for severance pay under the terms of this Article, and the new job is comparable (similar type of work and similar number of hours worked per week at a rate of pay not less than one (1) bracket below their current rate), then no provision of this Article shall apply. 20.8 The Employer agrees to give to the employee and the Union three (3) week's notice in advance of a store closing or sale. When such notice is given, an employee shall remain with the Employer or forfeit their rights under this Article unless mutually agreed to by the employee, Employer, and Union. Failure of the Employer to give the required three (3) week's notice shall result in the payment of three (3) week's pay to the employees terminated as a result of the store closing. 20.9 No benefits shall accrue under the terms of this Article unless the Employer makes a business decision to close or sell a store. If a store closing is caused by fire, flood, storm, land condemnation, then this Article shall not apply. 20.10 Employees who are eligible for severance pay and accept a transfer to a lower rated job will maintain their present rate, or the rate for the contract covering the area to which they are transferred, whichever is greater. Department heads who are displaced as a result of store closing shall maintain their present rate of pay for a period of ninety (90) days and thereafter will be placed on the appropriate contract rate. ARTICLE 21 - SEPARABILITY: Nothing contained in this Agreement is intended to violate any Federal or State laws, rules or regulations made pursuant thereto. If any part of this Agreement is construed to be in such violation by any court of competent jurisdiction, then that part shall be null and void and the parties will negotiate to replace said void part with a valid provision. 29 ARTICLE 22 - TERM OF CONTRACT: 22.1 THIS AGREEMENT shall continue in full force and effect from June 19, 1988, through June 15, 1991, and shall continue from year to year thereafter unless either party serves notice in writing sixty (60) days prior to the expiration date, or prior to any anniversary thereafter, of a desire for termination of or for changes in this Agreement. It is further provided that any improvements, changes or amendments, unless otherwise provided for in the new Agreement, shall become effective on the day following the expiration date of the old Agreement provided there has not been a work stoppage. IN WITNESS WHEREOF, the said parties have caused duplicate copies hereof to be executed by their duly authorized officers this _______ __________________ day of_________________________ ,19____ : FOR THE UNION: FOR THE COMPANY: UNITED FOOD & COMMERCIAL UNION LOCAL NO. 655, AFL-CIO-CLC: BY _____________________________ BY__________________________________ 30 SCHEDULE "A" WAGES A- Clerks presently employed who have been in the employ of the Employer for the following designated periods of time shall receive these minimum wages during the life of this Agreement. DEPARTMENT MANAGERS EFFECTIVE: 06/19/88 06/17/90 GROCERY MANAGER $12.25 $12.55 PRODUCE MANAGER 12.16 12.46 HEAD CASHIER 11.25 11.55 DAIRY MANAGER 11.125 11.425 CLERKS 1st 520 hours 4.75 4.75 Next 520 hours 4.90 Next 4.90520 hours 5.10 Next 5.10520 hours 5.40 5.40 Next 520 hours 5.70 5.70 Next 520 hours 6.20 6.20 Next 520 hours 7.00* 7.00 Next 520 hours 7.39 Next 7.39*520 hours 8.03 8.03 Next 520 hours 8.40 8.40 Next 520 hours 8.78 8.78 Next 520 hours 9.25 9.25 Next 520 hours 9.72 9. 72 Next 520 hours 10.13 10.13 Thereafter 10.55 10.55 * Capped rate. Thereafter (Prior to 6/16/85) 11.00 11.30 E f f e ct iv e 6/19 /88 the above employees shall be placed on the appropriate wage bracket with credit for all hours worked toward their next scheduled increase. This provision does not apply to employees who are capped at their present rate. *B . tireci (34) hours per week shall not progress bey_ ond - s. i a u c (effective 6/17/90 $7.39) per hour. AArn,y ■ such emiipy li ouyee whno aver ages thiirtuy-ifuour (34) nhoiurs or more per week (442 t„„ v. q vr otal hours or more) ra calendar auarter (..f.i.r..s.t. p ayroll weekending >re) f oi in Ja payroll weekending iinn MMaarrcchh; in January„ t—hr o-ugh l1 as 1 ; first payrrool1l1 weekenn dH i1 nn gn i-.in. .A rlast payroll weekending in n Ap o ,r w. i.( l.1 4t- hU r..ougl ---r - y r o u weekending in Ju•nIen;ner throuah last navrnll wppkpnHi ; first payroll weekending in Ju l g p y o ee e d ng in September; first payroll weekendi in October through last payroll wweeeekkeennddiinngg iinn DDeecc ember) shall beg accumulating hours towards the next hhiigahheerr rraattee HHoo urs worked durit a qualifying quarter shall count and shall apply t o the next wat 31 progression bracket. Employees who are available for additional hours only during the summer months shall not have those additional hours counted for this purpose. E f fe ct iv e 6/26/88, employees who are above the rate of $7.00 (effective 6/17/90 $7.39) per hour who average less than thirty-four (34) hours per week shall remain at their rate of pay until such time as they commence averaging thirty-four (34) or more hours per week as pr ov id ed for above. At that time, the employee shall begin accumulating hours towards the next higher rate. Hours worked during a qualifying quarter shall count and shall apply to the next wage progression bracket. This provision shall also apply to employees in the Supplemental Agreements attached hereto, except for the rates of pay. C. Master food department managers and full time employees who were at the base rate of $10.65 per hour or higher as of 6/18/88 will receive a cash bonus of $500.00 no later than 12/9/88 and 6/16/89. Regular employees who were at the base rate of $10.65 per hour or higher as of 6/18/88 will receive a pro-rata cash bonus based on the number of hours paid for vacation purposes for the year in which the payment is made. The cash bonus will be minus the legally required deductions. Full-time employees at the base rate of $10.55 per hour will receive a Cash bonus of $250.00 no later than 12/9/88, 6/16/89 and 6/15/90. Regular employees at the base rate of $10.55 per hour will receive a pro-rata Cash Bonus based on the number of hours paid for vacation purposes for the year in which the payment is made. The Cash bonus will be minus the legally required deductions. D. All stores will have a Grocery Manager, Produce Manager, Head Cashier and Dairy Manager. At the Employer's option, and with the employee's consent, an employee may be appointed to a salaried position in addition or in lieu of the above-mentioned head Grocery Manager classification. Effective June 19, 1988 the Grocery Manager's salary shall be a minimum of $540.00 (effective June 17, 1990 $555.00) per week. Effective June 19, 1988 Sunday pay shall be $80.00 (effective June 17, 1990 $82.50) for one-half day of work and $160.00 (effective June 17, 1990 $165.00) for a whole day of work. A Customer Service Manager and Frozen Food Manager may be appointed by the Employer on the basis of one each per store. Assistant Department Managers may be appointed in accordance with three (3) Assistant Department Managers for every one hundred (100) bargaining unit employees or portion thereof working in the store. For example: 32 Number of Bargaining Unit Number of Assistant Employees per Store Department Heads 0 - 3 3 0 34 - 66 1 67 - 99 2 100 - 133 3 134 - 167 4 etc. etc. Full time (40 hour) clerks as of 6/18/88 shall not be reduced in hours to create room under the full time ratio for new Assistant Department Managers. Assistant Department Managers will be paid $5.00 per week over the top clerk rate. Customer Service Managers will be paid $10.00 per week over the top clerk rate. Effective 6/19/88 Frozen Food Managers will be paid $11,125 per hour (effective 6/17/90 $11,425). E. An employee relieving a Department Head for one (1) week or more shall receive the Department head's rate of pay. F. Emp1oyees - r eceiving in excess of the above scales shall not have their pay decreased because of this Agreement. G. Employees hired above the starting rate of pay will progress to the next pay bracket upon completion of the established number of hours. H. COURTESY CLERKS Courtesy Clerks shall be paid according to the following schedule: Effective: 06/19/88 Per Hour Hired prior to 5/8/82 $ 4.70 Hired after 5/8/82 1st 520 hours 4.00 Thereafter 4.30 The duties of a Courtesy Clerk are confined to: bagging, carrying customers' purchases, handling bascarts, parcel pickup, sorting of empty beverage containers, sweeping and mopping store, and returning merchandise left in the checkstands to the shelves. In the event of a proven violation of this Agreement with respect to the duties and use of the Courtesy Clerk classification, the aggrieved employee shall be paid the clerk rate of pay for all hours worked that week and will be elevated to a regular employee with a seniority date of that date and shall remain in that classification. In the event of a second violation in the same store of the Employer within a six (6) month period (following the first violation), the 33 Union may,advise the Employer, in writing, that the classification of Courtesy Clerk in that store is terminated for a period of six (6) months; and that all employees in the Courtesy Clerk classification will be reclassified as of the first (1st) day of the next pay period to the appropriate clerk rate, and remain in this classification. A violation is constituted when work, other than proper duties for Courtesy Clerk, is by the direction of Management and/or work that is done with Management's knowledge. FOR THE UNION: FOR THE COMPANY: UNITED FOOD & COMMERCIAL UNION LOCAL NO. 655, AFL-CIO-CLC: BY _____________________________ BY_______________ DATE ___________________________ DATE 34 SUPPLEMENTAL AGREEMENT NO. 1 SUPPLEMENTAL DEPARTMENTS This Supplement Agreement will apply to employees working in the following departments: 1. General Merchandise/Home Entertainment (Schnucks, National) 2. Bakery (All) 3. Florist/Gift* (All) 4. Salad Bar (All) 5 . Bulk F ood (National) 6. Nutrition (National) 7. Gourmet (National) 8. General Merchandise (Schnucks, Dierberg) 9. Home Entertainment (Dierberg) 10. Bu 1 k/Nutrition (Schnucks) 11. Snack Bar (Dierberg) 12. Specialty** (National, Dierberg) * The employee(s) so classified, shall order, display, arrange, care for, sell, and inventory those items commonly sold by florist gift shops, including fresh or artificial flowers, potted plants, bulbs, seeds, garden plants, accessories to floral arrangements; i.e. ribbon, vase, basket, gift items, such as floral arrangements, fruit baskets, corsages, and combination gift packages, and items sold in nurseries including nursery stock, fertilizers, garden tools or equipment and plant spray. The above is intended to refer to gift baskets through the year. It is not the intent of the parties to change the present practice of mass fruit basket preparation at the Holiday Season. The above is not intended to include the sale of regular produce items except as they are parts of gift packages. ** A specialty department employee is an employee who works in a specialty, service-oriented department such as a Pizza Department, Bulk Foods Department or any combination of such departments. 1- All provisions of the Master Agreement shall apply except as noted below: 2- The employees so classified in the above classifications shall perform all duties necessary for the efficient operation of their department in conjunction with the Employer's merchandising technique, including, but not limited to selling, stocking, processing, weighing/pricing as necessary, displaying and cleaning. 3. Seniority for each department listed in this Supplemental Agreement shall be separate and apart each from the other and from those other employees covered under the Master Agreement. 35 4. Wages Rates: Supplemental Department Managers Effective: 06/19/88 06/17/90 General Merchandise Managers Promoted prior to 6/13/85 $ 11.25 $ 11.55 Promoted after 6/13/85 8.75 8.75 Bakery Bake-Off 8.20 8.20 Bakery Sales 8.10 8.10 All other Supplemental Department Managers shall receive twenty-five cents (254) per hour over their current rate. Supplemental Department Employees Employees hired after 6/13/85 EFFECTIVE 06/19/88 1st 520 hours $ 4.20 Next 520 hours 4.30 Next 520 hours 4.50 Next 520 hours 4.75 Next 520 hours 5.00 Next 520 hours 5.30 Next 520 hours 5.60 Next 520 hours 5.95 Next 520 hours 6.33 Next 520 hours 7.00* Thereafter 7.50 * Capped Rate (See Schedule "A" Wages) Ef f e c t i v e 6/19/88 the above employees shall be placed on the appropriate wage bracket with credit for all hours worked toward their next scheduled increase. This provision does not apply to employees who are capped at their present rate. Cosmet i ci an 1st 6 months 5.35 2nd 6 months 6.25 Thereafter 7.05 36 General Merchandise Clerks hired prior to 6/13/85 Effecti ve: 06/19/88 1st 1040 hours $ 4.55 Next 1040 hours 5.57 Next 1040 hours 6.37 7.00* Next 1040 hours 7.14 Thereafter 8.46 * Capped Rate (See Schedule "A" Wages) Florist Clerks & Salad Bar Clerks hired prior to 6/13/85 Effecti ve: 06/19/88 1st 1040 hours $ 4.55 Next 1040 hours 5.40 Next 1040 hours 6.08 7.00* Next 1040 hours 7.25 Thereafter 7.71 * Capped rate (See Schedule "A" Wages) Employees receiving in excess of the above wage scales shall not have their pay decreased because of this Agreement. Supplement department managers and top-rated full time Supplemental employees will receive a cash bonus of two hundred fifty dollars ($250.00) no later than 12/9/88, 6/16/89 and 6/15/90. Regular Supplemental department employees at the top rate will receive a pro-rata cash bonus based on the number of hours paid for vacation purposes for the year in which the payments are made. The cash payments will be minus the legally required deductions. 5. Pension The Employer will contribute thirty-two (32*) cents (effective 6/1/91 thirty-seven cents (37 * ) per hour for all hours worked, including vacations and holidays with a maximum of forty (40) hours per week, for all employees covered by this Agreement, with a hire date of June 18, 1988 or earlier, and for those employees hired on or after June 19, 1988 who have completed twelve months of employment, to a fund known as the United Food & Commercial Workers Union and Employers Midwest Pension Fund, jointly administered, which has as its purpose to provide pension benefits for all eligible employees, working for the Employer under the terms and conditions of this Agreement. The nature, type, and extent of pension benefits to be provided shall be such as the Trustees, in their discretion, will determine, and which are in accordance with the Trust Agreement. 37 The Employer agrees to pay any amount so designated by the Trustees of the United Food and Commercial Workers Unions and Employers Midwest Pension Fund to maintain the level of benefits in effect as of 6/18/88. 6. Employees working under this Supplemental Agreement in any department, shall also be allowed to work in other Supplemental Agreement departments to relieve for breaks and/or lunch and to assist customers when necessary. 7. The intent of consolidating these departments into one (1) Supplemental Agreement is not to combine allocated hours for two (2) or more departments, except for those departments presently combined, to reduce the number of employees in those departments. However, this Supplemental Agreement does not preclude the Employer from introducing new departments, combining present departments, or combining new and present departments, subject to mutual agreement between the Employer and the Union. This Supplement shall expire with the expiration of the Master Agreement-. FOR THE UNION: FOR THE COMPANY: UNITED FOOD & COMMERCIAL UNION LOCAL NO. 655, AFL-CIO-CLC: BY _____________________________ BY_______________ D A T E ________________________DATE ______________ 38 SUPPLEMENTAL AGREEMENT #2 STORE SPACE ALLOCATION CREW NATIONAL ONLY It is agreed between the parties that the wages and hours contained herein shall apply to the Store Space Allocation Crew. 1. One supervisor shall be exempt from the unit. 2. Rates of Pay: 06/19/88 06/17/90 1st 520 hours $ 8.78 $ 8.78 Next 520 hours 9.25 9.25 Next 520 hours 9.72 9.72 Next 520 hours 10.13 10.13 Thereafter 10.55 10.55 Thereafter (prior to 6/16/85) 11.00 11.30 Employees who were at the base rate of $10.65 per hour as of 6/18/88 and employees at the base rate of $10.55 per hour shall receive the respective Cash Bonuses as outlined in Paragraph C of Schedule "A" Wages . A. A store employee, assigned on a permanent basis to the Store Space Allocation Crew, shall be paid first bracket as above per basic work week or his current rate, whichever is higher, and advanced to each succeeding length of service wage bracket on completion of required length of service in the crew. B. A newly hired employee for the Store Space Allocation Crew, irrespective of previous comparable experience in the retail food industry, shall be paid the first bracket above per basic work week, and advance to the succeeding length of service wage brackets on completion of the required length of service on the crew. C. An employee permanently transferred from this crew to other work in a store shall be paid in accordance with provisions of the Master Agreement. D. All work in excess of forty (40) hours per week shall be considered as overtime and be compensated at one and one-half (1-1/2) times the employee's regular rate. Overtime shall not be paid on a daily b as i s . E. Night work in resetting a store shall be paid as provided in Article 7, Section 7.2h of the Master Agreement. F. Travel between stores will be hours worked. 39 G. In "Out of Metropolitan Area" store assignments, expenses shall be compensated per Company policy. H. The Master Agreement is applicable to employees of the Store Space Allocation Crew except as specifically amended herein. I. It is understood that the Employer will supplement the Crew, as needed, from employees of the store location to be reset. J. This Supplement shall expire with the expiration of the Master Agreement. FOR THE UNION: FOR THE COMPANY: UNITED FOOD & COMMERCIAL UNION LOCAL NO. 655, AFL-CIO-CLC: BY _____________________________ BY__________________________________ DATE ___________________________ DATE _______________________________ 40 SUPPLEMENTAL AGREEMENT #3 Meat & Oeli/Seafood Department Employees: (SCHNUCKS AND NATIONAL) WHEREAS the "Employer" and the "Union" entered into a Labor Agreement on June 19, 1988, hereinafter referred to as the "Master Agreement" and; WHEREAS said Master Agreement provides for wages and other conditions for certain classifications of employees, and; WHEREAS said Master Agreement makes no provision for wages and other conditions for "Meat & Deli/Seafood Department" employees: NOW THEREFORE IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: Employees in the Meat and Deli/Seafood Departments of the Employer's store located within the city limits of DeSoto, Washington, and Wentzville, Missouri are covered under the "Master Agreement" between the parties except as follows: A. Meat Department Employees: 06/19/88 06/17/90 Head Meat Cutter $14.50 $14.80 Journeyman 12.85 13.15 Full time employees in the above classification will receive a Cash Bonus of $500.00 no later than 12/9/88 and 6/16/89. Regular employees in the above classification will receive a pro-rata Cash Bonus based on the number of hours paid for vacation purposes for the year in which the payment is made. The Cash Bonus will be minus the legally required deductions. When a Journeyman Meat Cutter relieves a Head Meat Cutter for a period of one (1) week or longer, the Journeyman shall be paid the Head Meat Cutter's contract rate of pay. Wrappers and apprentice meat cutters and meat clerks shall be paid the same rate as clerks. The apprenticeship for a Journeyman Meat Cutter will be no more than four thousand, one hundred sixty (4,160) hours and said apprentices will be assigned to various jobs in the market in order to give the apprentice the opportunity to qualify as a journeyman at the end of four thousand, one hundred sixty (4,160) hours. A premium of fifty cents (504) per hour shall be paid for all hours worked after 6:00 p.m. for meat department employees, Monday through Saturday inclusive. 41 A Journeyman Meat Cutter who volunteers to work on Sunday will be scheduled for eight (8) hours, provided the store is open for business at least eight (8) hours. Additional Journeymen may be scheduled for four (4) hours. The Journeyman Meat Cutter will work the eight (8) hours prior to 6:00 p.m. Any Journeyman Meat Cutter hired shall be paid at the rate of one dollar ($1.00) per hour less than the contract rate for the first year of employment, and fifty cents (50t) per hour less than the contract rate for the 2nd year of employment. B. Deli/Seafood Department Employees: 1. Deli/Seafood clerks shall prepare, slice, package, display and sell all Deli/Seafood department products. 2. Deli/Seafood clerks and Bakery clerks may work in either the Bakery or Deli/Seafood department for the purpose of relieving for breaks and meal periods. 3. A separate seniority list shall be maintained for the Deli/Seafood department employees and shall apply only to employees in that department. 4. Wages: Effective: 06/19/88 1st 520 hours $ 4.20 Next 520 hours 4.30 Next 520 hours 4.50 Next 520 hours 4.75 Next 520 hours 5.00 Next 520 hours 5.30 Next 520 hours 5.60 Next 520 hours 5.95 Next 520 hours 6.33 Next 520 hours 7.00* Thereafter 7.50 Deli/Seafood Manager 8.20 * Capped rate (See Schedule "A" Wages) Deli/Seafood Managers and full time deli/seafood clerks at the base rate of $7.50 per hour will receive a Cash Bonus of $250.00 no later than 12/9/88, 6/16/89 and 6/15/90. Regular deli/seafood clerks at the base rate of $7.50 per hour will receive pro-rata Cash Bonus based on the number of hours paid for vacation purposes for the year in which the payment is made. The Cash Bonus will be minus the legally required deductions. The above shall also apply to full time and regular wrappers and/or apprentices at the base rate of $10.55 per hour. 42 C. This Supplemental Agreement shall expire with the expiration of the Master Agreement. FOR THE UNION: FOR THE COMPANY: UNITED FOOD & COMMERCIAL UNION LOCAL NO. 655, AFL-CIO-CLC: BY BY DATE DATE 43 SUPPLEMENTAL AGREEMENT #4 UTILITY CLERKS NATIONAL ONLY Supplement to the Master Agreement, effective June 19, 1988 between National Super Markets, Inc., St. Louis, and the United Food & Co mm e r c i a l Workers Union, Local No. 655, AEL-CIO-CLC. This Supplemental Agreement applies to the store in Crystal City only. RATES OF PAY: 06/19/88 1st 6 months $ 4.50 2nd 6 months 5.35 After 1 year 6.75 The Utility Clerk classification is defined as covering clerks employed in retail stores whose duties are confined to sweeping, cleaning, handling salvage, beverage containers, etc., and assisting customers in parking lots. If a Utility Clerk works part of his hours as a clerk, he shall receive the eighth (8th) 520 hour clerk rate for the hours worked as a clerk. When the hours worked as a clerk equal 520 hours, he shall then receive the next 520 hour clerk rate for the hours worked as a clerk. For each 520 hours worked thereafter as a clerk, he shall receive the next step in the clerk rate for the hours worked as a clerk. It is understood that this supplement will expire with the Master Agreement. FOR THE UNION: FOR THE COMPANY: UNITED FOOD & COMMERCIAL UNION LOCAL NO. 655, AFL-CIO-CLC: BY ______________________________ BY__________________________________ DATE ___________________________ DATE 44 SUPPLEMENTAL AGREEMENT #5 PORTERS (NATIONAL AND SCHNUCKS) The Master Agreement, entered into on the 19th day of June, 1988, between the parties is hereby extended in its entirety to cover all empl oy ee s employed as Porters in its DeSoto, Washington, and Wentzville stores. All terms of the present Agreement shall apply except as noted below: 1. A seniority list shall be maintained by the Employer for the employees in this unit, separate from those now covered in the Master Agreement. 2. The Porter classification is defined as covering individuals employed in retail stores whose duties are confined to sweeping, mopping, cleaning and other general maintenance and handling salvage. 3. Wage Rates: 06/19/88 1st 6 months $ 4.25 2nd 6 months 4.75 Thereafter 6.25 4. The Em pl oy er will contribute thirty-two (324) cents (effective 6/1/91 thirty-seven cents (374) per hour) for all hours worked, including vacations and holidays with a maximum of forty (40) hours per week, for all employees covered by this Agreement, with a hire date of June 18, 1988 or earlier, and for those employees hired on or after June 19, 1988 who have completed twelve months of employment, to a fund known as the United Food & Commercial Workers Union and Employers Midwest Pension Fund, jointly administered, which has as its purpose to provide pension benefits for all eligible employees, working for the Employer under the terms and conditions of the Agreement. The nature, type, and extent of pension benefits to be provided shall be such as the Trustees, in their discretion, will determine, and which are in accordance with the Trust Agreement. The Employer agrees to pay any amount so designated by the Trustees of the United Food and Commercial Workers Unions and Employers Midwest Pension Fund to maintain the level of benefits in effect as of 6/18/88. 45 5. This supplement will expire with expiration of the Master Agreement. FOR THE UNION: FOR THE COMPANY: UNITED FOOD & COMMERCIAL UNION LOCAL NO. 655, AFL-CIO-CLC: BY BY DATE DATE 46 SUPPLEMENTAL AGREEMENT #6 ICE CREAM COUNTER (DIERBERGS ONLY) All provisions of the Master Agreement shall apply except as follows: 1. Sen i or i t.y: A separate seniority list shall be maintained for the Ice Cream Counter and shall apply only to this Department. 2. Employees may work only during the period from April 1st through October 30th of any year. 3. Pension: The Employer will contribute thirty-two (32$) cents per hour for all hours worked, including vacations and holidays up to a maximum of forty (40) hours, to a fund known as the United Food & Commercial Workers Union and Employers Midwest Pension Fund, jointly administered which has as its purpose to provide pension benefits for all eligible employees working for the Employer under the terms and conditions of this Agreement. The nature, type, and extent of pension benefits to be provided shall be such as the Trustees in their discretion will determine and which are in accordance with the Trust Agreement. 4. Wages: Ice Cream employees shall be paid according to the following schedule: EFFECTIVE: 06/19/88 Per Hour 1st 520 hours $4.00 Thereafter 4.50 Employees receiving in excess of the above scale shall not have their pay decreased because of this Agreement. 5. This supplement shall expire with the expiration of the Master Agreement. FOR THE UNION: FOR THE COMPANY: UNITED FOOD & COMMERCIAL WORKERS UNION LOCAL NO. 655, AFL-CIO-CLC BY _________________________________ BY ______________________________ DATE ______________________________ DATE ___________________________ 47 SIDE LETTER The following understandings were reached during negotiations: A. Employees who were on regular status on May 11, 1985, who continue to average at least twenty (20) hours per week will be eligible for funeral pay, jury duty, personal holidays and birthday hoii days. B. The Employer agrees that during the term of this Agreement they will maintain the wage rates at a level which is at least fifteen cents (154) higher than the federal minimum wage. C . Reference 7.2h Night Stock Crew The following are pay procedures in conjunction with Section 7.2h for employees on night stocking crews that work during weekends that include holidays that are celebrated on Mondays. 1. There are three possible night stocking crew work shifts: a. Saturday night into Sunday morning. b. Sunday night into Monday morning. c. Monday night into Tuesday morning. 2. If a night stocking crew employee works any one (1) of the above shifts, they shall be paid the night premium pay for all hours worked in that shift. 3. If a night stocking crew employee works any two (2) of the above shifts, they shall be paid the night premium pay for the first full shift worked and the appropriate Sunday or Holiday premium for the 2nd full shift worked. For example: Employee works Saturday into Sunday and Monday into Tuesday: he shall receive night premium pay for Saturday into Sunday and Holiday premium pay for Monday into Tuesday. 4. If a night stocking crew employee works all three (3) of the above shifts, they shall be paid the night premium pay for the first full shift worked, Sunday premium pay for the 2nd full shift worked and Holiday premium pay for the last shift worked. 5. For Holidays that fall on Sunday but are legally celebrated on Monday, such as New Year's Day and Christmas Day, employees who work their second full night shift from Sunday night into Monday morning shall receive their Sunday premium for hours worked on that shift. Employees who work their second full night shift from Monday night into Tuesday morning shall receive their Holiday premium for hours worked on that shift. 48 D. Profit Participation Plan - The Employer and the Union have agreed to meet and reach an agreement within ninety (90) days of ratification on a meaningful Profit Participation Plan. E. Reference 8.8 - Limited Availability - Employees may limit their availability as rt regards total number of shifts they are available to work in a week and/or the total number of weekly hours they are available to work. This shall not be construed to mean preferential shifts. F. Article 15. Health & Welfare - The Employer shall not make Health & Welfare contributions for the calendar months of August, October and December of 1988; however, the Employer shall report hours paid in July, September and November of 1988 for determining Health & Welfare eligibility. G. Schedule "A" Wages, Paragraph B - CappinqLanquaqe - The capping provision of thirty (30) hours per week (390 hours for a calendar quarter) will be maintained through the payroll period ending on June 25, 1988. H. Reference- 14,6 - Sunday Pay - Employees who are paid a premium which is less than time and one-half (1-1/2) for working holidays and/or Sundays shall receive time and one-half (1-1/2) their hourly rate for those hours worked on Sundays and holidays when the total of all other hours worked that week exceed forty (40) hours. FOR THE UNION: FOR THE COMPANY: UNITED FOOD & COMMERCIAL WORKERS ________________________________ UNION LOCAL NO. 655, AFL-CIO-CLC BY _________________________________ BY ______________________________ DATE ______________________________ DATE ___________________________ 49 INDEX SUBJECT ARTICLE & PARAGRAPH PAGE Arbitration Procedure.......... 4.3 Bakery Clerk ................... 5Supplement No. 1 Bargaining Unit Work .......... 361.2, 1.3 Cash Bonus...................... 1Schedule “A" Wages, C Checkoff ....................... 322.2 2 Christmas Eve Closing ......... 14.7 23 Corrective Action.............. 2.10 4 Days Off ....................... 7.If, 7.2d 7,8 Department Head Designations... Schedule "A" Wages 31 Emergency Call-In.............. 7.6 10 First Aid Kit .................. 7.9 11 Floral Clerk ................... Supplement No. 1 36 Grievance Procedure............ 4.1 Head Customer Service Clerk ... 4Schedule "A" Wages Health and Welfare ............ 3216 Holidays ....................... 2514 Hours Not Worked .............. 217.7 11 Hours and Working Conditions... 7 Jurisdiction ................... 71 Layoffs......................... 18.12 16 Leaves of Absence: Funeral...................... 12 20 Jury Duty ................... 13 21 Maternity ................... 11.4 19 Med i c al...................... 11.3 Mi 1 i tary..................... 1911.2 19 Personal..................... 11.8 20 Man agement................... 11.7 20 Union........................ 11.6 20 Management Rights.............. 3 4 Meal Periods.................... 7.4 10 Minimum Schedule Courtesy Clerks ............ 7.2 I 9 Daily........................ 7.5 10 New Year's Eve Closing ........ 14.7 23 Night Work ..................... 7.2 G,H. 8,9 Non Discrimination ............ 2.5 3 "On The Job" Injury ........... 7.2 J,K 9,10 Overtime ....................... 7.1 C 7 Pay Rates: Bakery Clerks .............. Supplement No. 1 36 Bulk Food ................... Supplement No. 1 36 Courtesy Clerks ............ Schedule "A" Wages 33 Deli Clerk .................. Supplement No. 3 42 Drug Clerks ................ Supplement No. 1 36,37 Floral Clerks .............. Supplement No. 1 36,37 General Merchandise Clerk... Supplement No. 1 36,37 Gourmet Sales .............. Supplement No. 1 36 Grocery Department Clerks... Schedule "A" Wages 31 Grocery Department Heads.... Schedule "A" Wages 31 INDEX (CONT.) SUBJECT ARTICLE & PARAGRAPH PAGE Head Dairy Clerks .......... Schedule "A" 1Wages 31 Home Entertainment Center... S upp1ement No . 1 36 Ice Cream Counter .......... Supp1ement No . 6 47 Meat Dept Employees ........ Supp 1 ement No . 3 41 Nutrition Center ........... Supplement No . 1 36 Porters ..................... S upp1ement No . 5 45 Salad Bar ................... Supplement No . 1 36,37 Snack Bar ................... Supp1ement No . 1 36 Specialty Department........ Supplement No . 1 36 Store Space Allocation Crew. Supplement No . 2 39 Uti1ity Clerks ............. Supplement No . 4 44 Pension ........................ 17 26 Rest Periods ................... 7.3 10 Sen i ority Defi ned ............. 8.1 11 Seniority Lists ............... 8.3 12 Seniority reduction of hours... 8.10 16 Seniority Terminated .......... 8.2 11 40 Hour Job Guarantee ......... 8.7b 13 Job Training ................... 8.7 d ( 3) 15 25 Hour Minimum Schedule ..... 8.7b 14 Separability ................... 21 29 Split Shifts.................... 7.2 b 7 Store Closing .................. 20 28 Sundays ........................ 14.6 22 Technological Changes.......... 19 27 Term of Contract............... 22 30 Time Clock Rules .............. 7.8 11 Transfers....................... 8.15 17 Unauthorized Activities ...... 6 6 Uniforms and Dress Code........ 9 17 Union Cooperation ............. 5 6 Union Market Card.............. 2.8 4 Union Security ................ 2 2 Union Shop Stewards............ 2.7 Vacation Entitlement........... 315 Vacation Pay ................... 2315.3 24 Vacation Scheduling ........... 15.2 24 Vendor Stocking ............... 1.4, 1.5 1,2 Work Schedule .................. 7.2 a 7 Side Letter 48 r -gau of Labor Statistics U.S. Department of Labor collective Bargaining Studies 006733 This report is authorized by law 29 U.S.C. 2. Form Approved Your voluntary cooperation is needed to make O.M.B. No. 1220-0001 the results of this survey comprehensive, OCTOBER 24,1988 accurate, and timely. Approval Expires 1/31/90 NOV I 5 1986 r ~ i Executive Vice President United Food S Comm Workers ASSOCIATION LOCAL 655 300 Weidsaan Road Manchester , MO. 63011 PREVIOUS AGREEMENT EXPIRED j JUNE 18, 1988 Respondent: We have in our file of collective bargaining agreements a copy of your agreement(s): I-A Food Industry Lu 655 «iTH Food and Coauercial Workers MISSOURI 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 w ithout change or if it is to remain in force until negotiations are concluded, a notation to this effect on this letter will be appreciated. I should like to remind you that our agreement file is open for your use, except for material submitted with a restriction or public inspection. You may return this form and your agreement in the enclosed envelope which requires no postage. Sincerely yours. JANET L. NORWOOD Commissioner PLEASE RETURN THIS LETTER WITH YOUR RESPONSE OR AGREEMENTIS). If more than one agreement, use back of form for each document I Please Print) 1. Approximate number of employees involved_______________ 10 >Q00___________________________________ 2. Number and location of establishments covered by agreement 95 Metropol 1 Ian St.— I OUi S , Ml SSOli r i Area 3. Product, service, or type of business ________ Retai 1__Food Stores--------------------------------- 4. If your agreement has been extended, indicate new expiration date Not extended -— new expiration date 6/1 5/91 Your Name and Position Area Code/Telephone Number William B. Campey, Executive Vice Presirlpnt _____________ (314) 394-6500 Address City/State/ZIP Code 300 Weidman Road Manchester, Missouri 63011 BLS 2452 (Rev. August 1984) • I