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THIS AGREEMENT ’iADK AND ENTERED INTO THIS? JLf/iJ. UT
-fc!9J£i£_, toy and. tot.tv.oon ELKAY KOCKE SERVICE, Inc. of
Donaldsonville, Louisiana, (hereinafter referred to as EilPLOYKR) ani 
UNITED RETAIL, P.HQLESAIE & DEPARTiliNT STORE -altRLOYEES OF AMERICA, 
affiliated with the Congress of Industrial Organization, (horoinafter 
referred to as UNION.)
WHNK88ETH:
WHEREAS, the parties hereto desire to coo orate in establishing 
Just and equitable terms and conditions of employment, and to pro­
vide methais for fair and peaceful Jidjustment of differences that 
may arise between them,
NOW, T5IEREFCKE, the parties hereto have agreed that employment 
toy the E JPLOYER shall toe under the following terms and conditions of 
employment;
ARTICLE I. APPLICABILITY OP AGRiLallNT.
Section 1.
During its term, this agreement shall apply to, ajid the bene­
fits and obligations thereof accrue to all employees of ELRAY KOCKE 
P-xKVICE, Inc*, Donaldsonville, Louisiana, except office <orsonnel, 
department heads, forraan, watchmen, ini any supervisory employees of 
said E.IPLCYER, and it shall not apply to any out-sile contracts or any 
work which would not ordinarily toe handle toy the regular crew of the
EL'LOYHR.
Section 2*
The terras "Employee or Employees" when used hereinafter shall 
apply to and include the employees to whom this agreement is made 
applicable toy preceding section of this article.
ARTICLE II. RELATIONSHIP BETWEEN E.IPLGYER AND UNION.
Section 1.
The Employer hereby recognizes, and during the term of t’lis 
agreement will continue to recognize and deal vith the Union as 
the sole and exclusive collective bargaining agency and representative 
of all of its employees as hereinbefore defined, for the purpose of 
collective bargaining, concerning grievances, labor disputes, wages, 
rates of pay, hours of e ploy lent - nd other conditions of work.
Section 2.
The Employer will retain as employees only such persons who now 
are and hereinafter remain members of the Union in good standing; pro­
viding, however, that employees of the Employer who are not now members 
of the Union shall become members of the Union within thirty days 
after the execution of this agree)lent, and shall thereafter remain 
members of the Union in good standing; and rovidod,.further, that any 
person hereafter hired, or rehired, shall make application for member­
ship in the Union within thirty days or sooner upon their hiring or 
rehiring and shall be retained as employees only if they are accepted as 
members of the Union ?ind thereafter remain members of the Union in good 
standing. It is understood and agreed that no application for member­
ship shall be rejected or denied if the new employee be a person of good 
reputation.
Section 3*
The Employer agrees to deduct for the duration of this agreement 
individual Union membership lues find initiation fees. The secretary of 
the Union will furnish the company with a list of its members each month 
not later than the fifth day of the calendar month and said money deducted 
shall be submitted to the Secretary in the narie of the Union not later 
than the twenty-fifth day of each month.
ARTICLE III. HOURS OBs' WORK, OV UTIHK, AND HOLIDAYS.
Section 1. .
(a) The regular work week shall consist of five consecutive days 
commencing with 12:01 a.m. on Monday, and ending at 12:00 midnight on 
Friday of each week. All hours worked in excess of forty hours in this 
period shall be paid at one and one-half time3 the employee’s standard 
rate. Employee shall not be entitled to more than one over-time payment 
for the same hours worked. •
(b) All work performed on Saturday shall be paid at a premium rate 
computed at one and one-half times the employee’s standard rate, provided 
the employee worked on the previous five days. All work perfarmed on 
Sunday shall be paid a oreraium rate computed at double the employee*a 
standard rate provided the employee worked the previous six days.
(c) In the event an employee reports for work and the employer 
does not provide work, such day or days shall, nevertheless, be counted 
in computing the sixth and seventh consecutive days of work.
•n
Svotioft ?.
TV.*» fallowing o* the r^co^nizerl holidnys for the purposes
of thi* *Kr<** >rm\9 all work performed thereon shall "be paid a
ur̂  lix". rate computed at one and one-half tines the employee’s standard 
rate:
Hew Toar’s Day Fourth of July Thanksgiving Day
Good Friday Iefcor Day Christmas Day
In the event no work is performed cn any of these holidays, they 
shall, nevertheless, be counted as eight hours worked In computing the 
sixth and seventh day of work. In the event work is performed on these 
days, the premium earnings shal not be deducted from any over-time 
earnings of that pay-roll week. Only one over-time shall be paid for 
same hours worked*
Section 3.
No time is guaranteed because a man reports to work In the morning 
at regular hours, but every effort will be made so that a man does not 
have to report to work needlessly. However, if a man is sent far he 
shall then be oald a minimum of two hours. If called the second time 
the same day, only the additional time worked shall be figured. How­
ever, If called after 7*00 p.ra. and or between 7*00 p.m. and 5*00 a.*.
he shall be paid a minimum of two hours. Even If he actually worked less
«
than two hours.
AOTCIB IV. VACATION.
Section 1.
All employees covered by this agreement and having been con- 
tinously In the employ of the Company for one (l) year or mors, 
shall receive one weeks vacation with standard or straight pay, for 
forty hours.
ARTICI3 V. WAGES AND RATES OF PAY.
Section 1.
The Employer will pay all employees on the first Saturday 
following the week ending Sunday at midnight. Should Saturday be a
holiday such as Christmas or New Years the first Friday following 
Sunday shall be the Pay Day.
Z 0
FIS.ect..i on 2m d̂  itifipl®i 1
During the life of this agreement, unless the e’nployoe has ho on 
transferred to a lower rated j oh, tho E iployer shall not reduce 
the rates of pay of any employee, or any job, and shall maintain, 
the wage rate which, at the time of execution of tills agree .lent as 
being paid to such employee, or for such Job, or the wage rate for such 
employee or such Job set forth for each classification of work in 
Schedule hereto attached and made part hereof, whichever is the higher.
Section 3,
In the event during the terra of this agreement new positions or 
classifications are created, the company and the union shall mutually 
agree upon the rates of pay for such new positions or re-classifications,
ARTICLE VI. HIRE, SENIORITY AND TENURE OR EUPLOTuENT.
Section 1,
Subject to the other provisions of this agreement, the Employer 
shall retain full power of discharge and discipline; it being spec-
r
if leal ly understood and agreed that this power shall be exercised 
with justice and due regard to the reasonable rights of the employee, 
find that no employee shall be discharged or disciplined without good 
and substantial cause.
Section 2.
During the slack seasons and other periods of lowered production, 
the work available in each class effected shall be equally divided 
amongst all employees in the class, so far as this can practically 
be done without substantially reducing the efficiency of the plant, 
but in no case shall the division of work be carried to the point 
at which the employees of the affected class will be afforded less 
than twenty-four (24) hours of work per week provided however, that 
the employer will not be responsible to fumihh work over periods 
of unusual rains, storms, floods, fire or epidemic or any act of God,
The questi on or whether or not the division of work in a given class 
has reached the point where it substantially reduces the efficiency 
of the plant diall be determined by agreement between Employer and 
the Union,
Section 3,
In the event that production schedules or business decreases the 
amount of work availiable so that a lay-off becomes necessary employees
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shall he i&ii off in the inrorsa order of their seniority In their 
respective departments as hereinafter defined.
Section 4.
•Any ei_ loyee transferred tron one position or department to another 
sha 1 he Junior in seniority in the department or position to which 
he Is transferred ; his seniority standing in that department to he 
computed from the day of his transfer. The employee however, shall 
retain his seniority in the department from which he is transferred.
To his record of service in that deportment shall he added the period 
during wiiich he is employed in his new department. If it becomes 
necessary to lay off the transferred employee tram the department to 
which he has he on transferred, he shall he reinstated in the department 
from which he was transferred, in accordance with is seniority stand­
ing. therein. If the employee refuses to return to his original de­
partment, the employee shall lose his seniority rights and standing 
in that de;>artmant.
Section 5*
Upon re-employment after lay-offs, the employees laid off shall 
he re-e .ployed in the order of their seniority, as soon as the Employer 
shall increase the number of workers in any given department.
Section 6.
When a now position is created, or a vacancy occurs in any de­
partment which would he considered an improvement in working conditions, 
or a promotion for any employee in the said department, the employee 
having seniority in the depart ent and ability to do the work shall 
he given a trial in said vacancy or new position. It is understood 
the employe© must he capable in order to obtain or hold his new 
position. The rate of pay, if higher than former Job, shall not 
apply until the job has "been mastered. This should he deter lined by 
Employer or Supt. Shop committee shall have right to request the 
Supt., or employer to explain in what manner the job is not being 
mastered.
Section 7,
The Union, upon request, shall he advised of the reason or 
reasons why an employee was not chosen to fill the new position or 
vacancy.
socti n 8.
The members of the Union Shop Commltte as hereafter provided 
for, during the term of their office, shall head the seniority list 
for the purposes of lay-off and re-hire only.
Section 9*
Employees failing to report for work without good and valid reasons 
after receiving notice from the Employer to report during three 
different periods of restoration of farces, shall be dropped from the 
seniority roster.
Secti n 10.
Any employee absenting himself from work far three (3) consecutive 
days without any good reason, may be dropped from the seniority roster,
Section 11.
The Employer shall prepare a seniority list based upon the length 
of service of employees in all departments of the plant in so far as 
it is possible and this list shall be availiable to the Union or its 
representatives far reference purposes at any time in connection with 
the matters concerning seniority or any employees under the terms of 
this agreement.
Section 12.
Seniority shall be computed fron the date of hiring. Any employee 
who is laid off 12 consecutive months shall be removed from the 
seniority roster.
Section 13.
Supervisory employees shall not be permitted to perform the work 
of any other employee when their doing of such work will cause loss 
of working time to any other employee.
Section 14.
No work which can be performed by employees available for such 
work shall bo given to other persons to perform, provided, hovevar, 
that the Employer is free to contract with outside contractors far 
the erection of new buildings, new eauiprnnt, and major alterations, 
or Employer may call in a sub-contractor to do certain over-flow of 
work, or may work on a Job Jointly with crew of another E ployer whose 
men may or may not belong to a Union.
Section 15. .
Any employee who volunteers for, r has been drafted, into war 
service far the United States, shall retain his seniority standing, 
and the time spent by him in such service for the United States shall 
he added to his length of service for the Employer. If, within sixty 
(60) days of his release or discharge from such war service, such 
employee applies to the Employer far reinstatement, and if he is 
physically fit for the position applied far ho shall he reinstated 
in accordance with the provisions of the then existing contract, as 
modified hy this section.
ABTICIE VII, ADJUSTMENTS OF GRIEV'iNCKS AID DISPUTES.
Section 1,
All differences and disputes between the Employer and the Union, 
or any of its members, arisin out of, under, or with reference to the 
terms of this agreement, except questions of matters affecting any 
changes or modifications mof this agreement upon the renewal there-of,
or the terms of any new agreement shall be adjusted and settled in 
the following runner:
(a) The matter shall be referred to the Union Shop Committee­
man, acting for the employee and the Union, and the Plant Superin­
tendent acting for the Employer. In the event the matter is not 
thus adjusted,
(b) The matter shall then be referred to the Union Ship Co omit tee,
and the Committe representing the Employer. If the matter is not 
thus adjusted within a period of fifteen days (15) from the refer­
ence thereof to the Employer' 3 Committee and the Committee represent­
ing the Union. '
(o) Tie matter shall then be referred to an arbitrator to be 
elected during the said period of fifteen days. In the event the 
parties can not agree upon an arbitrator, tie shall be named by the 
Conciliation Service of the United States Department of Labor.
2he decision of the arbitrator shall be renders! in writing 
And whan thus rendered shall be final and binding upon all the parties, 
hereto,
(d) The expense of the arbitration and the compensation of the 
arbitrator shall be shared equally by the Employer and the Union.
Section 2.
The Employer agrees to permit duly accredited business repre­
sentatives of the employees, else tod or appointed by tne Union to 
visit his lant at any time during working hours, providing per­
mission be obtained from the Employer, and in visiting say nothing 
or do anything that will interfere with operation of the business 
or work.
Section 3#
During the term of this contract, there shall be no strikes,
stoppage of work or lookouts.
ARTICLE VIII. GENERAL PR07ISICNS.
Section 1.
It is agreed tliat the Employ r will furnish and maintain such 
sanitary facilities as are required and practical and the Union agrees 
to cooperate in maintaining those facilities in good condition.
It is further agreed that the Employer shall furnish and maintain 
such necessary safety facilities as may be required from time to time 
and the Union agrees to cooperate with the Company in keeping such 
facilities in good order. However, nr wearing apparel of any kind shall 
be furnished by the Employer.
ARTICLE IX. OBLIGATICNS AND TKR1 OF AGREE £EUT.
Secti n 1.
Tills agreement shall become effective immediately upon its exe­
cution, and shall be binding upon the parties hereto, their successors 
and assigns, until the ^lst. day of Naroh 19 45
otherwise it shall run from year to year, unless either party hereto 
shall notify the other in writing at least thirty (30) days prior to 
the ex iration to change or terminate the said agreement.
Section 2.
Should either party give notice as aforesaid to the other of an
iiitention to change any of the terras of this agreement, upon the ex-
»
;iration of the term or any extension thereof, then within ten (10) 
days from the said notioe, representatives of the Employer and the 
Union shall meet to discuss, negotiate and agree upon such changes.
If no agreement as to such changes is arrived at before the expiration 
of the term of any then current extension of the term of this agreement,
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8LS. h  a A i m
(HSPEHKKD TO IN ABTICIB V., SECTION f.)
The Poll owing Shall Be The Standard Wages, Bates Of Pay And
Classification, Towlt: 
Class— — Utility $ .60 per hr. 
■ Special .56 * - 
■ Carpentar .53 " " 
• No- 1 Jen .53 " " 
• NO. 2 * .49 * *
NO. 3 " .45 * * 
• NO- 4 • .42 " •
• NO. 5 M .40 ■ "
i m k  m v m
Our #8 942-White Tandem Driver .68 per hr
Class fJo. 1 Driver .5 4 « m
- HD. 2 " .5 0 ■ m
• No. 3 .4 8 « n
• 0/0. 4 .4 4 n N
« /\|0. f m .4 2 m «
x 5 O' Cf
i * T
then the whole of the agree ient shall be considered terminated upon 
expiration of the term, or of the then current extension of the terra 
of this agreement, unless mutually extended in writing by tho parties 
hereto*
Section 3*
All wage provisions of this contract shall be subject to the 
approval of National War Labor Board nod shall be retroactive by 
agreement by all parties hereto to the 1st. day of February 1944.
IN T M B 8G WHEREOF the parties have hereunto set their liquids and 
seals an the day, month, and year hereinabove first written.