£ / ^ P c b b oc, ' * > 5&//>/j/&-H ) SPOKANE FOOD AGREEMENT 1972 - 1975 / J G a a j, I K Vt' t This agreement made and entered I n t ^ r h i s __0___ _ -day of _______________ between the Retail C le rk s Union,' Local 1439*, A-F —L -CI• O~ ,r c—h. ■ —a •r t• ere--d- -b yf Re■t “a i* l■ C— Internat ional A s soc ia t ion , party of the f i r s t part, he re ina fte r re ferred to as the Union and_______________________________ _________ i t s successo rs and/or a s s ign s , party of the second part, here ina fter referred to as the Employer, agree: That for the mutual benefit of the pa r t ie s hereto, the fo l low ing sha l l be the sca le of wages, the l im i ta t ion s of hours and the ru le s and working cond i t ion s to be observed by both pa r t ie s to t h i s agreement, to become e f fe c t i ve June I, 1972 to June I, 1975. SECTION I - RECOGN ITION I. The Employer, hereby recognizes during the term of t h i s Agreement, RETAIL CLERKS UNION, LOCAL NO. 1439, RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL-CIO, as the so le and exc lu s ive c o l l e c t i v e barga in ing agency fo r a un it con­ s i s t i n g of a l l employees whose c l a s s i f i c a t i o n s of employment are set forth herein In a l l s to re of the Employers1 present and future r e ta i l estab li shments located In Spokane metropolitan area and v i c i n i t y w ith in the j u r l s d i c t on of Local 1439 with respect to rates of pay, hours and other cond i t ion s of employment. SECTION I I - UN ION SECURITY I. (a) It sh a l l be a cond it ion o f employment that a l l employees of the Employer covered by t h i s Agreement who are members of the Union In good standing on the e f fe c t ive date of t h i s Agreement sha l l remain members In good standing, and those who are not members cn the e f fe c t i ve date of t h i s Agreement s h a l l , on the t h i r t i e t h (30th) day fo l lowing the e f fe c t i ve date of t h i s Agreement, become and remain members in good standing In the Union. It sha l l a l so be a condit ion of employment that a l l employees covered by t h i s Agreement, and h ired on o r a f te r I t s e f fec t ive date sha l l on the t h i r t i e t h (30th) day fo l low ing the beginning of such employment, become and remain members in good standing In the Union. For the purpose of t h i s Sect ion, the execution date of t h i s Agreement sha l l be con­ s idered as I t s e f fe c t i ve date. The Employer sha l l d ischarge any employee with in f i ve (5) days a f te r n o t i f i c a t i o n as to whom the Union through i t s o f f i c e r o r o f f i c e r s de l i ve r s to the Employer a wr it ten not ice that such employee i s not In good standing in conformity with t h i s Sect ion. Good standing sha l l be defined as the tender ing of the uniformly required pe r iod ic dues and i n i t i a t i o n fees. (b) The Employer agrees that the manager o r a s s i s t a n t manager in each store s h a l l , upon request, make a va i lab le to the Union a l i s t of the names, hours * worked, and hourly rates of pay, of a l l employees of the barga in ing un i t . SECTION I I I - EXEMPTIONS I. (a) A bona f ide s to re owner o r s to re manager sha l l not be required to be a member of the Union. i n * - 7 7 — y - 4 / 4 7 / 7 5 ' (b) In s to re s employing members of the barga in ing un it 360 or more hours per week, an a s s i s t an t manager may also be exempt. Such exemption sha l l remain In fu l l force and effect so long as the employer cont inues to employ member of the barga in ing un it 360 hours per week, exc lu s ive of the hours worked by the a s s i s t an t manager. SECTION IV - DISCHARGE I. No employee sha l l be d i s c ip l i n e d o r discharged except fo r ju s t cause, provided, however that the Employer sha l l be the judge of the competency and q u a l i f i c a t i o n s of h i s employees, and provided, further, that no employee Sha l l be discharged o r d i sc r im inated aga inst for any lawful Union a c t i v i t y , o r fo r performing se rv ice on a Union committee ou t s ide of bus iness hours o r fo r report ­ ing to the Union the v io l a t i o n of any p ro v i s io n s of t h i s Agreement. It i s agreed that upon request, the representat ive of the Union w i l l be given the reason for discharge in w r i t in g . A Committee of not le ss than two (2) representat ives from the Employer and two (2) representat ives from Reta i l C le rk s Union, Local 1439 sha l l review any case of discharge in the event e i the r party de s i re s such a review. SECTION V - HOURS I. (a) A l l work performed in excess of fo r ty (40) hours per week, f i v e (5) days per week, eight (8) hours in one day sha l l be paid for at time and one-ha lf ( l i ) the employees s t r a i g h t time hourly rate of pay. (b) Part time employees working s i x (6) days per week sha l l receive time and one-ha lf ( l i ) fo r hours worked on the shortest day of employment. (c) Employees working over f i ve (5) consecut ive hours sha l l be en- t l t a l e d to a one hour lunch period. Lunch periods sha l l be posted and followed as near as p rac t ica l . (d) Rest per iods sha l l be provided in conformance with Sta te and/or Federal law and a l l employees sha l l receive the same rest period benef i t s . (e) The checking of monies and cash r e g i s t e r s sh a l l be done on the Employer’s time. (f) No employee sha l l be required to take time o f f in l ieu of overtime pay. (g) The Employer sha l l post a weekly schedule fo r a l l regu la r fu l l and part time employees not la ter than Fr iday noon preceding the f i r s t day of the fo l lowing work week. Any a l t e ra t i o n s in such work schedule, changing the employee’s days o f f , must be made not later than Saturday of such preceding week, except in cases of emergency. D a l l y s t a r t i n g times may not be changed once an employee has reported for work. (h) No employee sha l l be required to work a s p l i t s h i f t . ( I ) No employee, other than helper c le rk , sh a l l be required to work less than four (4) continuous hours in any one day on which ordered to report fo r work i f they report on time and are a va i la b le for such hours. 2 SECTION VI - HOLIDAYS I. The fo l low ing days -shaJ I be-consti dered.ho I i days : New Years Day Labor Day Memorial Day Thanksg iv ing Day Independence Day Chr istmas Day Hol idays set forth in Sect ion V I , Par. I and 2, sha l l be observed as ho l iday s on the date e stab l i shed fo r each by c o n t r o l l i n g Federal law. 2. Employees with one ( I ) year of continuous se rv ice with the Employer sha l l receive the i r B irthday as a paid ho l iday. By mutual agreement between the Employer and employee, the employee may receive payment in l ieu of such ho l iday in accord­ ance with Sect ion V I , Paragraph 3. Employees sha l l g ive the Employer a t h i r t y (30) day notice p r i o r to t h e i r b ir thday. The b i rthday sha l l be observed w ith in t h i r t y (30) days of the employee's b ir thday on a mutually agreeable day. In the event the employee's b i rthday f a l l s on the same day as any of the ho l idays , spec i ­ f ied in paragraph I of t h i s Sect ion, the employee's b ir thday w i l l be celebrated on another day in accordance with the procedure set forth in the previous sentence. 3. Employees, provided they normally work the hours as spec i f ie d below, who work during the week in which the ho l iday occurs and report for work t h e i r la st scheduled working day preceding and t h e i r next scheduled working day Im­ mediately fo l lowing the ho l iday, sha l l be paid for ho l idays spec i f ied in para­ graphs I and 2 of t h i s Sect ion, not worked on the fo l lowing bas i s : Hours Normal!y Worked Hours of Per Week________ Ho I i day Pay 20 to 31 4 32 o r more 8 4. Hol idays, e i the r worked o r not worked, sha l l not be considered as days worked for the purpose of computing weekly overtime except In the case of em­ ployees who normally work s i x (6) days per week, t o t a l l i n g at least 44 hours per week. In the case of the employee's bi rthday, the week in which the bir thday is observed sha l l be considered as the ho l iday week. 5. Where the date of any ho l iday f a l l s on Sunday, the fo l low ing Monday sha l I be observed. 6. Employees who qu a l i f y fo r ho l iday pay as sp e c i f ie d in Paragraph 3 of t h i s Sect ion VI sha l l be paid time and one-ha lf (l£> in addit ion to such ho l iday pay for work performed on ho l idays named in Paragraph I of t h i s Sect ion. Employees who do not qu a l i f y fo r ho l idays pursuant to Paragraph 3 of t h i s Sect ion VI sha l l receive time and one-ha lf ( l i > for work performed on such ho l idays , provided t h i s sha l l not apply to the employee's b irthday. 3 SECTION V M - VACATIONS, I. Employees, on the f i r s t ann iversary dal^. of the.ir employment (a fter the f i r s t year of continuous employment) sha l l be en t i t le d to a vacation with pay at t h e i r s t r a igh t - t im e hour ly rate based upon the number of hours worked in the preceding twelve (12) months as fo l lows: !'; Worked Hours of Pa id Vacat ion 1000 to 1200 20 1200 to 1600 24 1600 to 2080 32 2080 o r more 40 2. (a) Employees on the second and each subsequent ann iversary date of t he i r employment to the tenth ( 10th) ann iversary date of t h e i r employment (a fter the second and each subsequent year to the tenth ( 10th) year continuous employ­ ment) sha l l be e n t i t l e d to a vacation with pay at t h e i r s t r a igh t - t im e hourly rate based upon the number of hours worked in the preceding twelve (12) months as foI lows: Hours Worked Hours of Pa 1000 to 1200 40 1200 to 1600 48 1600 to 2080 64 2080 to 2288 80 2288 to 2496 88 2496 or more 96 (b) Employees who average twenty (20) hours o r more per week, who termi­ nate o r are terminated (d ischarge for d ishonesty excepted) a f te r the f i r s t o r any subsequent ann iversary date of t h e i r employment up to the tenth (10th) anniversary date of the i r employment and p r i o r to t h e i r next ann iversary date of employment sha l l be en t i t led to vacation pay at t h e i r s t r a igh t - t im e hourly r a t e based upon the number of hours worked s ince the last ann iversa ry date of t h e i r employment at the rate of e ight (8) hours vacation pay for each f u l l two hundred (200) hours worked. 3. (a) Employees on the tenth ( 10th) and each subsequent ann iversary date of t he i r employment to the f i f teen th ann iversary date of t h e i r employment sha l l be en t i t led to vacation with pay at t h e i r s t ra igh t - t im e hour ly r a f e based upon the number of worked in the preceding twelve (12) months as fo l lows: Hours Worked Hours.of Pai_d_Vacation 1000 to 1200 60 1200 to 1600 72 1600 to 2080 96 2080 to 2288 120 2288 to 2496 132 2496 or more 144 Cb) Employees who average twenty (20) hours o r more Per week, who termi­ nate or are terminated (d ischarges for d ishonesty excepted) n e r the tenth ( 10th) - 4 o r any subsequent ann iversary date of t h e i r employment up to th e i r f i f teen th (15th) year of employment sha l l be en t i t le d to vacation pay at t h e i r s t ra igh t - t im e hourly rate based upon the number of hours worked s inco the last ann iversary date of the i r employment at the rate o f twelve (12) hours vacation pay fo r each f u l l two hundred (200) hours worked. 4. (a) Employees on the f i f teen th and each subsequent ann iversary date of th e i r employment (a f te r the f i f teen th and each year subsequent of continuous em­ ployment) sha l l be e n t i t l e d to vacation with pay at t h e i r s t ra igh t - t im e hourly rate based upon the number of hours worked in the preceding twelve (12) months as foI lows: Hours Worked Hours of Paid 1000 to 1200 80 1200 to 1600 96 1600 to 2080 128 2080 to 2288 160 2288 to 2496 176 2496 o r more 192 (b) Employees who average twenty (20) hours o r more per week, who terminate o r are terminated (d ischarge for d ishonesty excepted) a f te r the f i f teen th (15th) o r any subsequent ann iversary date of t h e i r employment and p r i o r to t h e i r next ann iversary date of employment sha l l be e n t i t l e d to vacation pay at t he i r s t r a i g h t - time hour ly rate bared upon the number of hours worked s ince the last anniversary date of t he i r employment at the rate of s ixteen (16) hours vacation pay for each f u l l two hundred (200) hours worked. 5. Vacation may not be waived by employees nor may extra pay be received for work during that period provided, however, that by p r i o r mutual agreement between the Employer, employee and Union t h i s p rov i s ion may be waived. 6. Employees whose vacat ions are scheduled during a ho l iday week, sha l l receive ho l iday pay provided fo r under the terms of Sect ion VI of t h i s Agreement in addition to vacation pay. 7. It i s hereby understood and agreed that in computing "hours of paid vacat ion" for employees who re gu la r l y appear on the payro l l fo r th i r ty - two (32) o r more hours per week, the terms of paragraph I, 2, 3 and 4 of Sect ion V I I sha l l be applied oo that working time lost up to a maximum of one hundred twenty (120) hours due to temporary layoff, v e r i f i e d cases of s i c kne s s o r acc ident, o r other absence from work approved by the Employers ( in addit ion to vacation and holiday time o f f earned and taken by the employee) sha l l be counted as time worked. Cmpioyooe ehui ( Lc paid eoi ned vacation pay pro—rated to the Time of sa le o r t r an s fe r of the s e l I i n g employers. SECTION V I I I - SEN IQRITY I. (a) Employees w i l l a t ta in s e n i o r i t y a f te r s i x (6) months o f cont inuous se rv ice with one employer. Upon completion of t h i s period, s e n i o r i t y sha l l date back to the date o f h i re . S e n io r i t y sha l l be app l icab le on an ind iv idua l store - 5 - ba s i s and sha l l apply In the reduction o f the number of employees performing com­ parable work and the last employee h ired sha l l be the f i r s t employee layed o f f , provided q u a l i f i c a t i o n s and a b i l i t y are equal. S e n io r i t y sha l l be defined as length of continuous employment with the same ind iv idua l employer. Noth ing herein sha l l be construed to require pay for the time not ac tua l l y worked. (b) An employee's s e n i o r i t y sha l l be broken by ( I ) vo luntary qu it, (2) d i s c 'o r g e , (3) layoff in excess of 60 days, (4) absence caused by i l l n e s s o r non­ occupation accident of more than t h i r t y (30) consecut ive days un less mutually extended as provided in Sect ion X IX , (5) absence caused by an occupational accident of more than s i x (6) consecut ive months, (6) f a i l u r e to report to work immediately fo l lowing an author ized ieave of absence. 2. Employees normally working at least fo r ty (40) hours per week sha l l not have t h e i r hours a r b i t r a r i l y reduced fo r the so le purpose of increas ing the work hours of part -t ime employees. When addit ional hours of work become ava i lab le in the store, part -t ime employees in a comparable job assignment, for example; produce department, check-stand operat ion, stock help, d e s i r in g such add it iona l hours of work w i l l n o t i f y management in w r i t i n g and such ava i lab le employees w i l l be given the opportunity to work such ava i lab le hours, up to fo r ty (40) hours per week, on a s e n i o r i t y ba s i s , p rov id ing q u a l i f i c a t i o n s and a b i l i t y are- equaf Noth ing heroin sha l l be construed to require pay for timo net ac tua l ly worked. SECTION 'X EX?^n.(EimCE I* P rev ious provable comparable experience of new employees must be con­ sidered, un less two (2) years o r more have elapsed s ince last employed In the industry, exc lu s ive of time spent in the Armed Forces; provided, however, such new employees with pore than eighteen (18) months previous experience sha l l not oe required to work fo r more than t h i r t y (30) days at le ss than the sca le one step below journeyman's o r journeywoman's sca le . 2. The pa r t ie s recognize and agree that the c l a s s i f i c a t i o n s o f journeyman in th i s Agreement require s k i l l , knowledge, experience and a b i l i t y which can on ly be acquired by t r a in in g and work on the job in a r e ta i l food s to re under the d i rect ion and supe rv i s ion of the Employer. Accord ing ly , p rov i s ion i s made in t h i s Agreement fo r advancement through apprent ice c l a s s i f i c a t i o n s on the ba s i s of actual hours worked fo r the Employer and apprentices w i l l be promoted upon s a t i s f a c t o r y completion of the period of employment t r a in in g set fo rth In t h i s Agreement. SECTION X - FUNERAL LEAVE I. A f te r t h e i r f i r s t year of employment, employees who are r e gu la r l y employed 24 hours o r more per week, sh a l I be allowed up to one day o f f with pay fer Iocs of t h e i r norma! scheduled hours of work during the three (3) ca lendar days commencing with o r immediately fo l low ing the date of death of a member of t he i r immediate family, provided the employee attends the funera l. Funeral leave w i l l be paid on ly with respect to a work day on which the employee would otherwise have worked end shal| not apply to an employee's scheduled days o f f , ho lidays, vocat ions, o r any other day in which the employee would not, In any event, have worked. Scheduled days o f f w i l l not be changed to avoid payment of funeral leave. Funeral leave sha l l be paid at the employee’ s regu la r s t r a igh t - t im e hour ly rate. Immediate family sha l l be defined as " spouse " , " s o n " , "daughter ", "mother", "b ro ther " , " f a th e r " o r " s i s t e r " . SECTION XI - JURY DUTY SERVICE I. (a) A f te r th e i r f i r s t year o f employment, employees who are regu la r ly employed twenty-four (24) hours o r more per week, who are c a l le d for se rv ice on a super io r court o r federal d i s t r i c t court ju ry sha l l be excused from work fo r the days on which they serve, and sha l l be paid the d i f fe rence between the total amount received fo r such se rv ice and the amount of s t r a igh t - t im e earnings lost by reason c f such se rv ice , up to a l im it of eight (8) hours per day and fo r ty (40! hours per week, with a total l im it of ten (10) working days. Nothing in t h i s Sect ion sha l l have the intent of l im i t in g the amount of time an employee may servo. (b) An employee ca l led for ju ry duty who i s temporar i ly excused from attendance at the court must report fo r work if s u f f i c i e n t time remains a fte r such excuse to permit him to report to h i s place of work and work at least one- half ( i ) of h i s normal work day. (c) In order to be e l i g i b l e for such payments, the employee must fu rn i sh a written statement from the appropriate publ ic o f f i c i a l showing the date and time served and the amount of ju ry pay received. SECTION X I I - INDUSTRIAL INSURANCE I. The Employer agrees to place a l l members of the ba rga in ing un it under the p rov i s io n s of the Indu s t r ia l Insurance Act of the State of Washington, o r to provide equivalent coverage through a pr ivate c a r r i e r se lected by the employer. If equivalent coverage i s elected, the Employer agrees to fu rn i sh evidence of such coverage upon request of the Union. SECTION X I I I - SAVINGS CLAUSE I. Any p rov i s ion of t h i s Agreement which may be adjudged by a court of la st resort to be in c o n f l i c t with any federal o r s ta te law sha l l become in­ operat ive to the extent and duration of such c o n f l i c t . S ince It i s not the intent of e i the r party hereto to v io la te any such laws, it i s agreed that in the event of a c o n f l i c t between any p rov i s ion of t h i s agreement and such federal o r s tate law, the remainder of t h i s agreement sha l l remain in f u l l force and ef fect. The Employer and the Union agree that sub s t i t u te p ro v i s i o n s sha l l be written within t h i r t y (30) days to replace those p ro v i s i o n s coming into con­ f l i c t with the laws herein described. SECTION XIV - WEARING APPAREL 1. Aprons, uniforms o r any specia l wearing apparel, required by the Employer, not su i ted fo r regu la r s t reet wear, sha l l be fu rn ished and laundered by the Employer. 2. D r ip -d ry apparel furn ished by the Employer sha l l be laundered by the Employee. 7 SECTION XV - WAGE STATEMENTS I. The Employer agrees to fumisir--eactr--emp4oye©-Tor*~every-pay- perlo-d a statement s e t t i n g fo rth the information re la t i v e to hour ly rates of pay, hours- worked, etc., in accordance with the record-keeping requirements as e s tab l i shed in the State of Washington Minimum Wage Act. SECTION XVI - STORE V IS IT S - I. A fter making t h e i r presence known to the manager, representat ives of the Union sha l l have the r igh t to contact employees during s to re hours so long as c a l l s sha l l not In ter fe re with proper se rv ice to customers. SECTION XV I I - STORE CARDS I. The Union agrees, in cons iderat ion o f the s i g n in g of t h i s Agreement by the Employer, and for the period of the good and fa i th fu l performance of i t s convenants and p ro v i s io n s by the Employer, to is sue to each s to re represented by the Employer a Union Sto re Card, the property of the Reta i l C le rk s Interna­ t ional A ssoc ia t ion , AFL-CIO. Sa id Card tp be d isp layed in a prominent place in the store. Sa id card sha l l on ly be removed if the employer f a l l s to comply with the f ina l decis ion of an a r b i t r a t o r reached In accordance with the pro­ v i s i o n s of t h i s agreement. SECTION X V I I I - LEAVE OF ABSENCE I. Leaves of absence w i l l be granted, not to exceed t h i r t y (30) days, un less extended by mutual agreement, for i l l n e s s o r in jury of the employee, cert i f i e d by a l icensed phys ic ian upon the request of the Employer and for death in the family (parents -ch i Id - spouse -b ro ther o r s i s t e r ) . SECTION X IX - WAGE SCALES AND CLASSIFICATION The sca le of wages and c l a s s i f i c a t i o n s o f employment are set forth In Appendix A-B which i s hereby made a part of t h i s Agreement. SECTION XX - HEALTH & WELFARE - DENTAL - PRESCRIPTION - VISION I. (a) E f fe c t i v e June I, 1972, and each succeeding month fo r 'The -du ra t ion of t h i s Agreement, the Employer agrees to contr ibute the amount f ixed by the Trustees, fo r Health & Welfare benef i t s into a j o i n t l y administered t ru s t fund in behalf of each employee who worked e ighty (80) hours o r more during the month of May and -each succeeding month thereafter , excluding employees in the I8£ year o ld c l a s s i ­ f i ca t ion . (b) E f fe c t i ve June I, 1973, the room and board allowance wMT be In ­ creased to s i x t y d o l l a r s ($60.00) per day. 2. E f fe c t i v e June I, 1972, and each succeeding month fo r - tbe cftrraTTon o f t h i s Agreement, the Employer-agrees To con t r ibu te the amount f ixed by the Trustees f o r a -p re sc r ip t ion drug benef it Into a j o i n t l y administered Trust Fund in behalf of each employee who worked e ighty (80) hours o r more during the month of May and each succeeding month thereafter, exc lud ing employees in the I8 i year - 8 - r o ld c l a s s i f i c a t i o n . The employee w i l l pay the f i r s t one d o l l a r ($1.00) of a l l p re sc r ip t ion s , 3. E f fe c t i ve June I, 1972 and each succeeding month fo r the duration of t h i s agreement, the Employer agrees to contr ibute the amount f ixed by the Trustees fo r Dental benef i t s into a j o i n t l y administered Trust Fund in behalf of each employee who worked e ighty (80) hours o r more during the month of May and each succeeding month thereafter, exc luding employees. 4e- the- 18i year o I d c l a s s i f i c a t i o n . New h i r e s w i l l be e l i g i b l e to receive Dental c on t r ibu t ion s and benef i t s on ly a f te r completing s i x (6) consecutive months of employment. 4. E f fe c t i v e September I, 1972 and each succeeding month for the duration of t h i s agreement, the Employer agrees to contr ibute the amount f ixed by the Trustees for V i s i o n care benef i t s into a j o i n t l y administered Trust Fund in behalf of each employee who worked e ighty (80) hours o r more during the month of August and each succeeding month thereafter , excluding employees In the 184 year o ld cl ass if i c a t i o n . New h i re s w i l l be e l i g i b l e to receive V i s i o n Care con t r ibu t ion s and benef i t s on ly a f te r completing s i x (6) consecut ive months of employment. The Trustees w i l l se lect a v i s i o n care plan whose total cost w i l l not exceed two and one-ha lf cents (2itf) per hour during the l i f e of t h i s con­ tract . 5. (a) It sha l l be the Employer’s r e p o n s i b i I i t y to remit the total employer contr ibut ion due for each e l i g i b l e employee to the j o i n t l y administered Trust Fund by the tenth ( 10th) of each month. (b) Notwithstanding the p ro v i s i o n s o f paragraph 5 (a) the Board of Trustees of the Reta i l C le rk s Trust sha l l e s t a b l i s h and enforce, as an a l t e r ­ nate method of con t r ibu t ion , a method fo r report ing con t r ibu t ion s on an account­ ing period ba s i s , rather than a calendar month ba s i s . In such a case, the e ighty (80) hour p rov i s ion sha l l be appropr ia te ly adjusted as d irected by the Trustees, provided that in no event sha l l an Employer’s tota l o b l i g a t i o n be d i f fe rent from what It would have been on a ca lendar month ba s i s . Further, the total c on t r ibu t ion s due for each approved, account ing period sha l l be remitted in a lump sum not later than^twenty (20) days a f te r the end of the accounting period. In t.he..-e.verrt f h i s a l te rnate system deprives the employee of benef i t s that would otherwise have been covered on a calendar ba s i s , the Employer i s ob l igated to make the remittance for such employee to the Trust Fund. 6. !t i s fu rther acknowledged by the Employer that the Improved and/or new benef i t s agreed upon during nego t ia t ion s sha l l become e f fe c t i v e upon a mutually agreeable date un le s s s p e c i f i c a l l y dealt with in t h i s Sect ion, and that the benef i t s of the amended and approved plan w i l l be maintained without addit ional cost to the employee fo r the duration of t h i s Agreement. SECTION XXI - RETIREMENT PROGRAM I. Each employer and the union agree to be bound by the terms o f the p rov i s io n s of that ce r ta in Trust Agreement c rea t in g the Reta i l C le rk s Pension Trust Fund, dated January 13, 1966, and as subsequently amended. Further, each employer accepts as h i s representat ives, fo r the purpose of such Trust Fund, the employer’s Trustees who are appointed to serve on the Board of Trustees of sa id Trust Fund and t h e i r duiy appointed successo rs - 9 2. E f fe c t i ve September l, 1972, based on August-hours,. ..the Emp loyer sha l l contr ibute f i ve cents (5tf) per compensable hour, maximum of one hundred seventy- three (173) hours per calendar month per employee, into the Reta i l C lerks Pension Trust on account of each member of the barga in ing un i t , except those employees in the I8 i year o ld c l a s s i f i c a t i o n . These monies sha l l be used by the Board of Trustees to provide pension benef i t s to e l i g i b l e employees. E f fe c t i ve September I, 1973, based on August hours, sa id con t r ibut ion rate sha l l be increased by f ive cents (5 < t ) making the tota l con tr ibut ion ten cents (lOtf) per compensable hour, maximum of one hundred seventy-three (173) hours per month per employee. 3 . (a) The con t r ibu t ion s referred to In Sect ion XX I , paragraph 2, sha l l be computed monthly, with a maximum of one hundred seventy-three (173) hours per calendar month per employee, and the total amount due fo r each calendar month sha l l be remitted in a lump sum not la ter than twenty (20) days a f te r the last day of the month, to United Adm in is t ra tors , Inc. (b) Notwithstanding the foregoing sect ion, the Board of Trustees of the Reta i l C le rk s Wei fare Trust sha l l have the author i ty to e s t a b l i s h and enforce a method for report ing con t r ibu t ion s on an accounting period ba s i s , rather than a calendar month ba s i s . In such a case, the one hundred seventy-three hour maxi­ mum sha l l be appropr ia te ly adjusted, as d irected by the Trustees; provided, that in no event sha l l an employer’s total o b l i g a t io n be d i f fe ren t than what it would have been on a calendar month ba s i s . Further, the tota l c on t r ibu t ion s due for each approved accounting period sha l l be remitted in a lump sum not later than twenty (20) days a f te r the end of the accounting period. 4. The p ro v i s io n s of paragraph 5 of Sect ion X X I I I o f t h i s Agreement sha l l in no way apply to o r e f fect the Employer’s o b l i g a t i o n to pay con t r ibu t ion s to t h i s Trust Fund. SECTION XX I I - GENERAL PROVISIONS 1. This Agreement supercedes and vo id s a l l prev ious ora l and wr itten understandings. Any changes a l t e r in g the p ro v i s io n s o f t h i s Agreement must be in w r i t in g and be approved by the Employer and the Union. 2. No employee sha l l s u f f e r any loss of h i s hour ly rate of pay by reason of the s i g n in g o r adoption of t h i s agreement; however, the terms of t h i s agree­ ment are intended to cover on ly minimums of wages and other employee benef i t s . The employer may place supe r io r wages and other employee benef i t s in e f fect and may reduce the same to the minimums herein prescr ibed without the consent of the Union. 3. Time spent in attendance at s to re meetings c a l led by the Employer before the s ta r t o r a f te r the ending of the-empioyee"s. regu la r - - sM f jLSha l I be compensated for at the employee’s regu la r hour ly rate of pay. 4. The Employer sha l l not permit demonstrators o r employees of a supp l ie r to perform regu la r work of s to re c l e r k s . Demonstrators ass igned to a s tore by a sup p l ie r sha l l confine themselves to the p a r t i c u l a r Items being demonstrated and wear c lo th in g or ca r ry some badge iden t i f y in g them with the product o r f irm fo r which the demonstration i s made. Continuous 10 v io la t i o n of the p r o v i s i o n s of t h i s c lause and of the working regu la t ion s sha l l not be subject to the a rb i t ra t io n p ro v i s io n s of t h i s Agreement. 5. Except as herein c l e a r l y and e x p l i c i t l y l imited In the express terms o f th i s Agreement, the r i g h t s of the Employer In a l l respects to manage I t s bus iness operation and a f f a i r s sha l l be unimpaired. 6. The Employer agrees that it w i l l not requ ire any employee o r pros­ pective employee to take a Polygraph ( l i e detector) test as a cond it ion of employment o r continued employment. 7. During the l i f e o f t h i s agreement o r any extens ion thereof, ne ither party sha l l be ob l iga ted to bargain c o l l e c t i v e l y with respect to any matter un less s p e c i f i c a l l y required to do so by the express terms of t h i s agreement. SECTION X X I I I - GRIEVANCES 1. Al l matters pe rta in ing to the proper app l ica t ion and In terpretat Ion of any and a l l of the p ro v i s io n s of t h i s Agreement sha l l be adjusted by the accredited representat ive of the Employer and the accredited representat Ive of the Union. In the event of the f a i l u r e of these pa r t ie s to reach a s a t i s ­ factory adjustment with in seven (7) days from the date a gr ievance I s f i l e d In w r i t in g by e i the r party upon the other, the matter sha l l be referred fo r f ina l adjustment to a labor r e la t i o n s committee se lected as fo l lows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor r e la t io n s committee f a l l s to reach an agreement with in twenty-one (21) days from the date a gr ievance I s f i l e d In w r i t i n g by e i the r party upon the other, the four (4) sha l l se lect a f i f t h (5th) member o r they sha l l request the Federal o r State Mediation and C o n c i l i a t io n Se rv ice to submit a l i s t of f i v e (5) names of q u a l i f i e d a rb i t r a t o r s , from which the labor r e la t i o n s committee sha l l se lect a f i f t h member, who sha l l be chairman and the dec i s ion s of t h i s committee sha l l be binding on both pa rt ie s . 2. The Board sha l l meet and hand down a dec is ion w ith in f i ve (5) days a f te r completion of the hearing, which sha l l be f in a l and b inding on both pa rt ie s . Any expense incurred j o i n t l y , through a r ib t ra t lo n , sha l l be borne equally by the pa rt ie s hereto. 3. There sha l l be no s t r i k e , lockout, o r other economic act ion un less the other party i s re fus ing to comply with the f ina l dec is ion of an a rb i t r a t o r reached in accordance with the p ro v i s io n s of t h i s Agreement. 4. It I s d i s t i n c t l y understood and agreed that the Board of A rb i t r a t ion I s not vested with the power to change, a l t e r o r modify t h i s Agreement In any of I t s parts. The a rb i t r a t o r sha l l not decide on any subject, the condit ion of which is not s p e c i f i c a l l y treated In t h i s contract, but on ly on the con­ tractual o b l i g a t i o n s that are s p e c i f i c a l l y provided in t h i s Agreement. 5. In order to be recognized a l l c la ims of v i o l a t i o n must be made in w r i t in g s i x t y (60) days from the pay day such v io l a t i o n occurs. Sa id cla ims to be l imited to the amount Involved In the s i x t y (60) days, except in those cases where reports of v i o l a t i o n s have been suppressed through coercion by the Employer. SECTION XXIV - NO DISCRIMINATION The pa r t ie s agree to comply with a l l app l icab le laws and regu la t ion s per­ ta in ing to d i sc r im inat ion because of race, co lo r , r e l i g i o n , sex, nat ional o r i g i n o r age. SECTION XXV - DURATION T h i s Agreement sha l l be In f u l l force and ef fect from June 2, 1974 to June 28, 1975 and thereafter from year to year, un le s s s i x t y (60) days wr itten notTceTo? modif Icat ion I s given by e i the r party p r i o r to the exp i ra t ion date. IN WITNESS WHEREOF, we hereunto set our hands and s e a l s t h i s _______ day of ____________________ , 1974. ASSOCIATED INDUSTRIES FOR THE SIGNATORY FOR THE UNION: EMPLOYERS: By____________________________________________ By______ _______________________ OTHER EMPLOYERS: By____________________________________________ By______________________________ WORKING REGULATIONS Present methods of s tock ing the fo l low ing Items may be continued by dr lversa lesmen: Fresh Da i ry products Ice Cream Bread and Fresh P a s t r i e s Potato ch ip s and re lated products Pop and beer Cookies Candy Nuts Employees of s u p p l i e r s may put up and take down promotional material (banners, backgrounds, etc. ) A l l merchandise used In d i sp la y s must be handled by a member of the Union In the Employers’ employment. 12 APPENDIX A CLASSIFICATIONS AND WAGE RATES June 2, 1974 June 2 1, 1974 Hourly Hourly ALL PURPOSE CLERK (Unlimited) Journeyman $ 4.75 SENIOR APPRENTICE CLERK (2254-3120 hours experience as an apprent ice ) * 4. 195 JUNIOR APPRENTICE CLERK ( 1387-2254 hours experience as an apprent ice ) * 3.715 APPRENTICE CLERK (520-1387 hours experience as an apprent ice ) * 3.435 BEGINNER CLERK (0-520 hours experience as an apprent ice ) * 2.865 HELPER CLERK (Part- time employees I8 i years of age and younger, working 24 hours o r less per week)55* 2.20 2.25 *Hours of experience as an Apprentice as set forth In Sect ion IX of t h i s Agreement. No employee sha l l be cred ited for more than one hundred seventy-three and one -th i rd (173-1/3) hours o f experience In any one calendare month. Progress ion wage Increases In conformance with t h i s Appendix sha l l be e f fe c t i ve on the f i r s t Sunday fo l lowing the completion of the hours spec i f ie d above. -Em p loyee s In t h i s c l a s s i f i c a t i o n who work more than twenty-four (24) hours per week sha l l receive the Beginner Clerk rate for a I I hours worked during that week. Total hours of employment of employees In t h i s c l a s s i f i c a t i o n sha l l not exceed 19% of the total hours worked by a l l other members of the ba rga in ing un it employed In each location. Notwithstanding the p ro v i s i o n s of t h i s Sect ion, each locat ion sha l l be permitted to employ one employee in t h i s c l a s s i f i c a t i o n , but employees In t h i s c l a s s i f i c a t i o n may not check o r be employed a f te r 10:00 P.M. except Fr iday and Saturday n igh t s and during the months of June, Ju ly and August. PREMIUM PAY (1) Hours a f te r 6:00 P.M. and before 9:00 P.M., Monday thru Saturday: I9tf per hour (2) A l l work performed a f te r 9:00 P.M. and before 8:00 A.M., Monday thru Saturday: 25