Agreement - Aurora Foods Inc. and the Bakery, Confectionery, Tobacco Workers & Grain Millers' International Union of America, Local 429s
AGREEMENT
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THIS AGREEMENT made and executed this 12th day of January, 2001, between AURORA
FOODS INC. with its offices at 75 Empire Drive, West Seneca, New York, 14224, hereinafter
referred to as the Employer and the BAKERY, CONFECTIONERY, TOBACCO WORKERS & GRAIN
MILLERS' INTERNATIONAL UNION OF AMERICA, LOCAL 429, with its offices at 1560 Harlem
Road, Cheektowaga, New York, 14206, hereinafter referred to as the Union.
W I T N E S S E T H:
--------------------
This Agreement as to hours, wages and working conditions is entered into and
shall be binding on the parties hereto and their successors and assigns from January
12th, 2001 until terminated as hereinafter provided.
ARTICLE 1 - RECOGNITION
-----------------------
Section 1. The Employer recognizes the Union as the collective bargaining
agent for all of his Employees, at the Aurora Foods West Seneca facility production,
quality assurance, shipping, packing, maintenance and sanitation, including regular
part-time Employees, but excluding store clerks, office and clerical Employees,
route salesmen, drivers and supervisors.
Section 2. It shall be a condition of employment that all of the Employer's
Employees in the contractual bargaining unit who are members of the Union in good
standing on either the effective date or the execution date of the Agreement, whichever
is later, shall remain members in good standing for the term of the Agreement; those
Employees in the unit who are not members on the latter of those two dates, shall
become Union members on the 31st day following either the effective date or the
execution date of this Agreement, whichever is later, and remain good standing members
for the term of the Agreement; all new Employees in the unit shall become Union
members on the 31st day following the beginning of such employment, and remain good
standing members for the term of the Agreement.
It is agreed that the Employer shall retain in his employ only
such Employees covered by this Agreement who are dues paying members in good standing
of the Bakery, Confectionery, Tobacco Workers & Grain Millers' International Union
of America. Good standing members are those owing not more than two (2) months dues.
The Employer shall have sixty (60) calendar days to determine if the new Employee
qualifies to do the work before he/she shall be considered regular full-time during
which time the Employee may be discharged without recourse, unless the Union and
Employer agree in writing to extend the period for a term not to exceed three (3)
weeks.
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ARTICLE 2 - HOURS OF WORK
-------------------------
Section 1. Minimum wages and classification shall be as agreed upon in negotiation
conferences and as set forth in Schedule `A', a copy of which is annexed hereto
and made a part hereof, and is to be identified by the signature of the Employer
and the Union.
Section 2. The normal work day for full-time Employees shall be seven and
one-half (7.5) hours and the normal work week shall consist of five (5) days or
thirty-seven and one-half (37.5) hours, which need not be worked consecutively,
being the normal times worked at straight time rates. A part-time Employee is one
who works less than thirty-seven and one-half (37.5) hours per week. The normal
workweek shall commence on a Sunday or any other day which shall be selected at
the option of the Employer. This section is intended only to provide a basis for
the calculation of overtime and it should not be construed as a guarantee of work
per day or per week.
Section 3. All regular full-time Employees asked to report for work shall
be guaranteed seven and one-half (7.5) hours per day and all part-time Employees
asked to report for work shall be guaranteed four (4) hours per day, except those
voluntarily agreeing to work less hours.
Section 4. All hours worked in excess of seven and one half (7.5) hours in
any one day and/or thirty-seven and one-half (37.5) hours per week, shall be compensated
for at the rate of time and one-half the straight time hourly classification rate.
Section 5. Time and one-half the straight time hourly classification rate
shall be paid for all hours worked on the sixth (6th) day and double time on the
seventh (7th) consecutive day of any one (1) work week. For the purposes of this
section the day is defined as no less than seven and one half (7.5) hours worked,
with the exception of those voluntarily agreeing to work less hours.
Section 6. Overtime is to be calculated on either the daily or weekly basis,
whichever is greater, but not on both.
Section 7. Except in the event of an emergency, no Employee may be required
to work more than ten (10) hours in any one (1) day. As far as possible the distribution
of available overtime shall be equally divided among all Employees, subject, however,
to the qualifications of such Employee to do the required work. For the purpose
of this Agreement, emergency shall be defined as a malfunction in the production
line or plant support, an unavoidable absence with regard to which the Employer
was not notified within a reasonable time or an injury occurring during the work
day with regard to whose station no replacement can be reasonably found.
When Employees are required to work overtime, they shall be so
notified at least one (1) hour before the completion of their scheduled shift, except
in cases of emergency.
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Section 8. The parties agree that it is the spirit and intent of this Agreement
for all Employees to enjoy a five (5) day work week. The Union recognizes however,
that occasions may arise when it might become necessary for an Employer to request
that work be performed on the sixth (6th) day and/or seventh (7th) consecutive day.
The Union, therefore, agrees that if under such circumstances, it cannot supply
qualified workers as needed by the Employer, the Employees will work the extra day
or days unless they have a valid reason for not doing so. The Shop Committee and
Management will resolve any questions concerning the validity of any such excuse.
ARTICLE 3 - HOLIDAYS
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Section 1.
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(a) The following days shall be observed as holidays. All observances shall
be as prescribed by the Federal Government.
New Year's Day Labor Day
Martin Luther King Day Thanksgiving Day
Easter Monday Christmas Eve
Memorial Day Christmas Day
Independence Day
(b) An Employee's birthday shall be considered a holiday, provided that the
Employee has so notified the Employer in writing at least two (2) weeks prior thereto,
each year of the term of this Agreement. In the event two (2) or more Employees'
birthdays fall on the same day, seniority shall prevail.
Section 2. To be eligible for a particular unworked holiday, an Employee
must meet all of the following requirements:
(a) The Employee must have thirty (30) days of service as a full-
time Employee.
(b) In the case of a full-time Employee, he/she must have worked seven
and one-half (7.5) hours on his/her scheduled shift the day preceding the holiday
and seven and one-half (7.5) hours on his/her scheduled shift the day following
the holiday.
Eligible Employees shall receive seven and one-half (7.5) hours
pay for each holiday in the case of a full-time Employee. In the event an Employee
is prevented from reporting to work because of inclement weather conditions, this
factor may be considered by the Employer in determining whether the Employee reported
for work during said week, but said factor need not be conclusive.
Section 3. Time and one-half the straight time hourly classification rate
shall be paid for all hours worked on the fifth (5th) day in a holiday week. In
the event Employees are
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required to work on the sixth (6th) and seventh (7th) day in a holiday week, they
shall be entitled to double the straight time hourly classification rate for hours
worked on such days.
Section 4. In the event an Employee is laid off during a holiday week, if
employed over one year prior to being laid off, said Employee shall be entitled
to holiday pay as described in Section 2 hereof. Wherever practicable, there shall
be no Employee training during said week.
Section 5. In the case of sickness or accident on an Employee's last scheduled
day before a holiday or first scheduled day after a holiday, the Employee can receive
holiday pay. However, the Employee affected must have a Doctor's Certificate. The
Employer will have the right to check on the Doctor's Certificate. The Union will
cooperate with the Employer if the Employer has any problems on the above. Employees
who are receiving Disability or Workers' Compensation payments will not be eligible
for holiday pay.
Section 6. No production work will be performed on the holidays. However,
no overtime shall be earned by Employees facilitating the shutdown prior to a holiday
day or reopening it subsequent thereto. Rest periods are deemed waived for this
purpose.
Section 7. Time and one-half the straight time hourly classification rate
shall be paid for all hours worked on the holiday except no overtime shall be earned
by Employees facilitating the shutdown prior to a holiday day or reopening it subsequent
thereto.
Section 8. The Company and the Union agree that normally holidays will be
scheduled to begin at 10:00 P.M. the day before the holiday and end at 10:00 P.M.
on the holiday. However, it is understood the Company and the Union may change this
time frame by mutual agreement.
ARTICLE 4 - NIGHT PREMIUM
-------------------------
A night premium of twenty cents ($.20) per hour will be paid to employees
regularly assigned to second or third shifts. Night premium will be included in
the overtime computation for the assigned second and third shift employees.
ARTICLE 5 - LUNCH & RELIEF PERIODS
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Not less than or more than thirty (30) minutes lunch period shall be granted
to all Employees in the middle of the work day, which shall not be paid for nor
included in the regular working hours.
Employees scheduled to work seven and one-half (7.5) hours or more shall receive
two (2) ten (10) minute relief periods, one (1) period before and one (1) period
after lunch. If the workday is more than seven and one half (7.5) hours, a fifteen
(15) minute relief period shall be granted after the seven and one-half (7.5) hours.
Additional ten (10) minute relief periods
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will be granted for every additional two (2) hours of work. These relief periods
shall be considered as time worked and compensated for. For the purpose of company
meetings only, any employee required to attend a company meeting shall receive a
rest period only if the meeting will require more than one (1) hour to attend.
ARTICLE 6 - REST HOURS
----------------------
There shall be a minimum of twelve (12) hours of rest for all Employees between
daily shifts; and a minimum of thirty-six (36) hours of rest during their regular
scheduled day off; and sixty (60) hours rest between shifts when a double holiday
or double day off occurs. The sixty (60) hours rest shall be the maximum circumstance
for which the following premium pay guidelines shall apply.
Any Employee called in to work before the expiration of the aforementioned
rest hour shall be compensated for all such hours worked at double his/her straight
time hourly classification rate, and such hours worked shall be considered a part
of the daily guarantee and shall also be used towards the seven and one-half (7.5)
hour daily overtime calculation. It is understood that overtime is calculated on
either the daily or weekly basis, whichever is greater, but not on both.
ARTICLE 7 - WAGES FOR HIGHER CLASSIFICATION WORK
------------------------------------------------
Section 1. In the event an Employee works in a higher paid classification
than his/her own, he/she will receive the higher classification rate for such hours
worked, provided however, if such Employee works in excess of four (4) hours on
any one (1) shift, he/she shall be paid the higher classification rate for the entire
shift. If an Employee works twenty (20) hours or more per week, he/she will receive
the higher classification rate for the entire week.
Section 2. Any Employee receiving a higher hourly rate than specified in
this Agreement shall not be reduced, provided his/her classification of work is
not changed on a permanent basis.
ARTICLE 8 - VACATIONS
---------------------
Section 1. All full-time Employees covered by this Agreement shall receive
vacation according to the following schedule:
Continuous Service Vacation
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1 year, but less than 2 years 1 week
2 years, but less than 5 years 2 weeks
5 years, but less than 14 years 3 weeks
14 years, but less than 20 years 4 weeks
20 years or more 5 weeks
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Section 2. Full-time Employees on vacation shall receive as vacation pay
thirty-seven and one-half (37.5) hours pay for one (1) weeks vacation, seventy-
five (75) hours pay for two (2) weeks vacation, one hundred-twelve and one-half
(112.5) hours pay for three (3) weeks vacation, one hundred-fifty (150) hours pay
for four (4) weeks vacation and one hundred-eighty seven and one-half (187.5) hours
pay for five (5) weeks vacation. A full-time Employee who shows a pattern of night
work three (3) weeks prior to taking a vacation will receive night premium pay in
their vacation pay.
Section 3. The regular vacation period shall be from the 1st day of January
until the 31st day of December and shall be distributed in accordance with seniority
during such period of time. All vacation polling will be completed by March 1st.
A minimum of one (1) person per shift shall be entitled to vacation during the regular
vacation period (two [2] in packing). Should a single down week occur, all Employees
not scheduled to work that week will be required to take one (1) week of vacation
during that time. Should two (2) successive down weeks occur, all Employees not
scheduled to work those weeks will be required to take a maximum of two (2) weeks
of vacation during that time. All Employees will be excluded from this provision
if the shutdown is outside the last week of June, the entire months of July and
August. Notification of Plant down week(s) will take place not later than February
1st.
Section 4. Qualified relief must be available to the Employer during the
Employee's vacation period.
Section 5. Full-Time Employees eligible for vacation must take their vacation,
except that an Employee who loses time at work, due to illness or unforeseen emergency,
may, subject to approval by the Employer and the Union, work during his/her vacation
period and receive the extra compensation.
Any regular, Full-Time Employee with one (1) year of service will
receive their vacation according to the following schedule:
Hours Worked Percent of Vacation
------------ -------------------
1275 Hours or more 100%
Less than 1275 but more than 975 75%
Less than 975 but more than 487.5 50%
Less than 487.5 0%
For purposes of calculating hours worked the following will be
included: paid sick time, jury duty, time off for Union business, vacation, military
duty (up to two (2) weeks per year), and overtime (one (1) hour worked equals one
(1) hour of credit).
Section 6. The seniority list of Employees shall be posted at least thirty
(30) days prior to the start of the vacation period. The vacation schedule shall
be posted and remain posted throughout the vacation period. Employees shall choose
their time of vacation within two (2) weeks after the posting of the seniority list.
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ARTICLE 9 - JOB POSTING AND BIDDING
-----------------------------------
Section 1. In all cases of filling of regular full-time vacancies which are
required to be posted, the length of continuous service shall be the governing factor
(seniority). However, the Employee must also have the ability and physical fitness
to perform the work and must have a good work record including attendance, tardiness,
and job performance. In determining an Employee's ability and physical fitness to
perform the normal requirements of the new job, consideration will be given to job
experience, related job experience, education, and/or ability.
Section 2. A job, other than a supervisory one, becoming open as a regular
full-time vacancy shall be posted on the appropriate bulletin board for a period
of three (3) working days by the Employer and assigned to the senior qualified bidder.
Section 3. A standard form of posted notice shall be used for advertising
such job vacancy and shall contain the following information: department, date of
posting notice, description and rate of job that is vacant. Such bids shall be in
writing and submitted by the Employee to the Employer.
Section 4. The following rules for bidding shall apply:
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(a) In the event of a transfer to the production department, the
applicant must have a minimum of six (6) months seniority and a good work record,
including attendance, tardiness, and performance.
(b) Anyone not making claim or refusing the job within seventy-two
(72) hours after notice is posted shall forfeit any claim to the job unless it again
becomes available.
(c) Where no one signs the bid, the Employer will assign the work
to either a new Employee or to one of the part-time Employees most fitted for the
job.
(d) With respect to hourly pay rates, the following applies. Up bidding
can take place at any time. If an Employee bids up, laterally or down, and is placed
in the new job, he/she cannot bid laterally or down for a six (6) month period.
Within five (5) working days on the job, if the Employee shall so elect, he/she
shall be permitted to return to his/her former job, but will not be permitted to
lateral or down bid for a six (6) month period. If within fifteen (15) working days
on the job, the Employee is adjudged as having failed to perform satisfactorily,
he/she shall be permitted to return to his/her former job and his/her replacement
shall return to his/her former job. If an Employee is returned to his/her former
job because he/she failed to perform satisfactorily, he/she will not be permitted
to rebid into that department, from which he/she was disqualified, for a period
of six (6) months.
(e) With respect to shift preference, the following applies: Notwithstanding
the foregoing in Section 4(d), an Employee may bid to a preferred shift within his/her
present department and job for which he/she is qualified and requires no additional
training.
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When the Employee is awarded and accepts the new shift he/she, at the
time this choice is made, waives his/her five (5) day trial period, and will not
be permitted to return to his/her former shift. Shift preference bidding, as described
in this section, will be allowed only once in any six (6) month period.
Additionally, within the Production Department one (1) lateral bid may
be made per shift within a six (6) month period. As is the case with a shift preference
bid, when the employee is awarded and accepts the bid, he/she waives his/her five
(5) day trial period, and will not be permitted to return to his/her former job.
(f) When an Employee accepts a job which has been posted, before his/her
trial period begins, his/her name will be removed from all other active bid sheets.
If more than one (1) Employee signs a bid sheet, when that bid sheet is removed
from the bulletin board, it remains active until the job is filled. If the senior
qualified Employee on a multi-signed bid refuses or is disqualified from the job,
as outlined in Section 4(d), the 2nd senior qualified Employee will be given the
opportunity to fill the open job. If the 2nd senior Employee refuses or is disqualified
from the job, then the 3rd senior qualified Employee is given the opportunity to
fill the job. This procedure is followed until the job opening is filled or until
all names on the bid sheet have been exhausted, at which time the bid sheet becomes
inactive.
(g) It is understood by both the Company and the Union that an Employee,
who bids into and is awarded a job in the Production Department, will be required
to accept training and become qualified in all Production Department jobs. It is
also understood that the fifteen (15) day trial period outlined in Section 4(d)
does not allow adequate time for an Employee to become fully qualified in all production
jobs. If, after the fifteen (15) day trial period, the Employee is awarded the job,
but does not actively and willingly accept training or, after receiving adequate
training, does not become qualified in all Production Department jobs, his/her performance
will be brought to the Union's attention before remedial action is taken by the
Company. In any case, he/she will not be able to bump the Employee who filled his/her
former job.
Section 5. An Employee who claims a job which has been posted need not be
transferred by the Employer to the posted job if the transfer will affect the progress
of an unusually important job or if there is an emergency which requires the Employee's
retention on his/her present job. Nor shall he/she be transferred until a replacement
has been secured for him/her. The Company will aggressively seek a replacement for
any Employee who is waiting to be transferred.
A person who successfully bids on a job must be moved within six
(6) weeks or he/she should receive the rate of pay (if higher), but still receives
five (5) days to adjust, and your time period starts after two (2) weeks for purposes
of bidding rights. Awarded job bid is to be posted within seventy-two (72) hours
of job being taken down. This time period may be extended from six (6) weeks to
eight (8) weeks due to unforeseen circumstances upon mutual agreement between the
Company and the Union.
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Section 6. In the event a part-time Employee works thirty-seven and one-
half (37.5) hours or more on a job for a period of six (6) weeks, not including
replacement for vacation or absence of Employees, the job shall be considered a
full-time position, subject to posting and bidding.
Section 7. Employees who are absent from the plant with a reasonable excuse,
shall be eligible to have their name placed on a bid which is posted during their
absence, if they complete and turn into the Company a bid preference request which
indicates any job positions for which they wish to be considered during such absence.
Section 8. Notwithstanding the foregoing an Employee holding a bid position,
whose bid position has been eliminated and subsequently recreated within three (3)
months, has the right to first refusal of the original job. This applies only to
the Employee whose job was eliminated.
Section 9. In the event of a significant change in the packing department
workforce needs (e.g.: five (5) day v. six (6) day production schedule), seniority
will be a determining factor in job assignments. As always performance must be maintained
at an acceptable level.
ARTICLE 10 - SENIORITY
----------------------
Section 1. The Employer and the Union believe in the principles and doctrines
of seniority, but in individual cases shall take into consideration the efficiency,
needs and industry of the Employee affected.
Section 2. The Employer agrees to notify the Union, once a week, of the names
and classifications of new Employees hired during that week.
Section 3. When reductions in the working force become necessary, the Employer
shall give proper recognition to the length of the Employee's service. Seniority
is the right of preference in the event of permanent layoff and recall. When layoffs
become necessary, the full time Employee with the least amount of seniority shall
be laid off first, and in recalling Employees, the last Employees laid off shall
be the first to be recalled, except that the right of preference for Maintenance
Department Employees shall be limited to the Maintenance Department and the right
of preference for all other plant Employees shall be limited to the Production,
Quality Assurance, Packing, Sanitation and Shipping Departments. However, it is
understood that part time Employees shall be laid off first wherever practical.
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Section 4. Seniority rights shall terminate if an Employee:
(a) Voluntarily quits.
(b) Is discharged for just cause.
(c) Fails to return to work within three (3) days after notice by registered
or certified mail to his/her last known address. A copy of such notice shall also
be served by mail upon the Local Union.
(d) Is laid off for the following period of time:
(1) Employees with less than one (1) year continuous service: forty-five
(45) days. However, non-probationary Employees rehired within sixty (60) days from
date of layoff will have their seniority reinstated to their original hire date
after working a period equal to the amount of time such Employee was on layoff.
(2) Employees with less than two (2) years continuous service:
one hundred twenty (120) days.
(3) Employees with less than three (3) years continuous service:
two hundred forty (240) days.
(4) Employees with less than four (4) years continuous service:
three hundred forty (340) days.
(5) Employees with less than five (5) years continuous service:
four hundred eighty-five (485) days.
(6) Employees with more than five (5) years of continuous service:
seven hundred thirty (730) days.
(e) Absences of two (2) years or more, excluding layoff, shall terminate
seniority. Extensions may be granted by mutual agreement between the Employer and
the Union. This applies to cases occurring on or after September 1, 1998. The Company
agrees to notify the Union and the Employee, in writing, each month for the three
(3) months preceding the expiration of the two (2) year time frame about the impending
termination of seniority.
(f) Voluntarily transfers from full time to part time.
ARTICLE 11 - UNIFORMS
---------------------
The Employer agrees to furnish hairnets and caps, and to furnish and launder
and keep in repair, aprons, shirts and trousers for the Employees covered by this
Agreement.
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ARTICLE 12 - DEATH IN FAMILY
----------------------------
In the event of a death in a full-time Employee's immediate family i.e. father,
mother, sister, brother, son, daughter, (includes adopted children) wife or husband,
mother-in-law, father-in-law, grandfather or grandmother, it is recognized by the
parties that the Employee may need time off to attend the funeral service. For the
above listed immediate family members, the Employer shall grant seven and one-half
(7.5) hours pay at the straight time hourly rate for three (3) full days. It is
intended that any event that authorizes three (3) days of bereavement will receive
three (3) days of pay. (This benefit is not intended to be used for the purpose
of generating overtime.) In the case of a part-time Employee, they will be paid
proportionately according to their schedule. In the event of the death of a regular
full-time Employee's immediate brother-in-law or sister-in-law, it is recognized
that the Employee may need time off to attend the funeral service. If this day is
one of the Employee's scheduled workdays, the Employee will be granted seven and
one-half (7.5) hours pay at the straight time hourly rate for the day. This applies
to an Employee's brother's or sister's spouse, or the Employee's spouse's brother
or sister.
ARTICLE 13 - JURY DUTY
----------------------
The Employer agrees to pay a full seven and one-half (7.5) hours pay at straight
time hourly classification rate for each day that an Employee is required to serve
and does serve as a juror, provided his/her department is scheduled to work on the
day or days actually served on a jury. The Employee, however, will be required to
turn in to the Employer the jury fees in order to receive the compensation above
provided.
ARTICLE 14 - PHYSICAL EXAMINATIONS
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The Employer shall pay for all physical examinations of Employees with the
exception of pre-employment physical examinations that may be required by law, city
ordinance and the Employer.
ARTICLE 15 - UNION LABEL
------------------------
All bagels and bread shall bear the Union Label. Such bagels and bread labels
shall cost the Employer the current price. The Union shall claim the right to withdraw
the label at any time, in case of misunderstanding. As printed packages become standardized
for bagels and bread, they shall bear the Union Label. The Union will furnish the
Employer Shop Cards for his own stores.
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ARTICLE 16 - UNION BUSINESS
---------------------------
Section 1. A representative of the Union shall be granted admission to the
Bakery during working hours, on notification to the Manager or his representative,
to interview members of the Union on Union business, provided it does not interfere
with the efficient operation of the Bakery.
Section 2. The Employer shall provide in a conspicuous place, a bulletin
board for the use of the Employees and the Union. All postings are to be official
Union business and/or approved by the local Human Resources Manager.
ARTICLE 17 - SELECTIVE SERVICE ACT
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The rights of an Employee under the Selective Service and Training Act are
recognized by both parties, and incorporated in this Agreement as if actually written
herein.
ARTICLE 18 - GRIEVANCE PROCEDURE
--------------------------------
Should differences arise between the Employer and the Union as to the meaning
and application of this Agreement, an earnest effort shall be made to settle such
differences promptly by the following methods of procedure:
(a) The Shop Chairman or Chairlady shall appoint a steward from each
shift to represent the Union and the Employees in the negotiation of any grievances
or disputes.
(b) The Employee who believes he/she has suffered a grievance, together
with his/her department steward shall meet with his/her immediate supervisor and
attempt to adjust the difference. The supervisor will provide a verbal response
to the steward within twenty-four (24) hours after the conclusion of this meeting.
Complaints resolved in this step shall be non- precedent setting.
(c) If no satisfactory settlement is reached in the preceding paragraph,
the Employee who believes he/she has suffered a grievance shall submit the same
in writing, signed by both the Employee and his/her steward, to the Employee's immediate
superior in an attempt to arrive at a satisfactory settlement within three (3) working
days after the inception of the acts or occurrences or omissions constituting the
basis of the grievances, or the right to make a grievance is deemed to be waived.
(d) If no satisfactory settlement is reached in the preceding paragraph
(c) within three (3) working days after its submission to the Employee's immediate
superior, the grievance shall then be discussed between the steward, Employee's
immediate superior, Employee and Employer's manager or representative within three
(3) working days after the expiration of the time period set forth in the preceding
subparagraph (c).
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(e) In the event that the parties in preceding paragraph (d) cannot
settle or adjust the grievances within three (3) working days after its submission,
the grievances shall then be discussed between the Shop Chairman and his/her selected
Committee, the Employee, the Employee's immediate Supervisor, Plant Manager and
Business Agent of the Union.
(f) If the parties in preceding subparagraph (e) have not settled or
adjusted the grievance within five (5) working days after its being submitted to
them, then either the Employer or the Union can submit the matter to the New York
State Board of Mediation for purposes of arbitration as hereinafter set forth, within
seven (7) working days after the expiration of the aforementioned five (5) day period.
In the event the New York State Board of Mediation is abolished the parties agree
to use the services of the American Arbitration Association. The seven (7) working
day period may be extended up to thirty (30) calendar days upon agreement of the
Plant Manager and Union Business Agent. If the grievance is settled, a written disposition
shall be noted and filed by the parties.
(g) Grievances shall be separately arbitrated and are not to be merged.
(h) In the event of a dispute, the Employer may take the initiative
following its interpretation of the contract provisions in question, subject to
the grievance procedure.
Arbitration
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(a) Arbitration is available only to the Union and the Employer and
cannot be availed of until all the steps to be followed in the grievance procedure
have been complied with, at which time either party may submit the controversy to
arbitration as hereinabove sets forth.
(b) It is expressly understood that in no event shall the arbitrator
have jurisdiction or authority to add to, subtract from, modify or in any way change
the provisions of this Agreement.
(c) Any issues involving interpretations and/or application of any terms
of this Agreement may be initiated by either party directly, i.e., the Union or
the Employer, with the other party. Upon the failure of the Union and Employer to
agree, it may then be submitted directly to the New York State Board of Mediation
for arbitration. In the event the New York State Board of Mediation is abolished
the parties agree to use the services of the American Arbitration Association. There
shall be no strikes or lockouts while grievances or arbitration procedures are pending.
No Employee shall have the right to compel arbitration, this right being reserved
to the Union and the Employer.
13
ARTICLE 19 - NO STRIKE CLAUSE
-----------------------------
The Union agrees that during the life of this Agreement, the Union will not
permit or cause its members to participate in any strike, slowdown, or stoppage
(total or partial) of work, or interfere directly or indirectly with the full operation
of the plant. The Employer shall have the right to discharge or suspend any Employee
participating in any action in violation of this section. The Employer, on its part,
agrees that there shall be no lockouts of any of its Employees during the life of
this Agreement.
ARTICLE 20 - BENEFITS PACKAGE
-----------------------------
Medical Benefits - ----------------
The Employer agrees to provide all regular full-time Employees coverage under
the Independent Health or Community Blue plans with riders for Prescription Drug
Plan, Age 25 Dependent Coverage if full-time student, Prosthetic Devices and Medical
Appliances, and Inpatient Rehabilitation for Substance Abuse. Additional plans may
be offered if the Company determines it is cost effective to do so.
Effective September 1, 2001 the current medical plans will be modified to
reflect an increase in the doctor's office visit co-pay and the prescription drug
co-pay. If medical premiums are increased by the carriers by more than five (5%)
percent, the Employer and the Union agree to discuss plan design changes in an effort
to minimize additional costs to the Company and the Union membership. The Company
and the Union must agree to the changes.
Plan Redesigns for Community Blue (Option #5) and Independent Health (Option
#3) will become effective 9/1/01. The changes within these plans are as follows:
Community Blue Advantage Independent Health
-------------- --------- ------------------
OV Copay $15 $10/$20
$15
$15/$15 Rx Copay $10 $10/$20
$5/$10/$25 OP Surgery $15
Medical coverage shall begin the first day of the month following completion
of the Employee's probationary period. Employees participating in the medical benefits
plan will be required to pay an Employee contribution equal to ten percent (10%)
of the premium cost effective January 1, 2000 through December 31, 2001.
14
Effective January 1, 2002 Employee cost-sharing for medical coverage will
increase according to the following schedule:
Employee
Date Contribution
---- ------------
1/1/02 11%
7/1/02 12%
1/1/03 13%
7/1/03 14%
1/1/04 15%
7/1/04 16%
1/1/05 17%
7/1/05 18%
1/1/06 19%
7/1/06 20%
Medical benefits will be continued for one (1) year as a result of any disability
according to the provisions of the plan. In the event of a personal leave of absence,
medical benefits will cease at the end of the month in which the Employee last worked.
Effective February 1, 2001, Employees electing to waive medical benefits will
receive a monthly `opt-out' reimbursement as per the following schedule:
Opt-Out Level of
Incentive Coverage
--------- --------
$25 Single
$50 Employee/Spouse
$50 Employee/Child(ren)
$75 Family
All employees are eligible for opt out. All employees will be required to
sign a release form and spouse's signature will also be required from married employees.
May re-enroll as the result of qualified events (marriage, loss of job, birth of
child, etc.).
The Company will provide Flexible Spending Accounts for Dependent Care and
Health Care that will include a 10% Company match, not to exceed $500.00/plan, and
subject to plan provisions and annual limits.
Retiree Medical - ---------------
Employees who were age fifty-five (55) or older with ten (10) or more years
of service as of December 16, 1996 are covered by Kraft Foods, Inc. for Retiree
Medical Benefits.
15
Retiree Medical Phase-Out - -------------------------
Employees who are age fifty-five (55) or older and have five (5) or more years
of service as of September 1, 2001 (identified below) and who retire prior to September
1, 2001 will be eligible to receive Retiree Medical for themselves and/or their
dependents.
Frank Ostrach Joyce Nowicki Diane Nawrot
Ronald Hiller Suzanne Phillips William Mutignani
Trieu Tran Angel Sanchez Richard Borczynski
Sarfeeyah Annoor Albert Goble Joseph Weiglein
Michael Lasek James Feldmann Ralph Groblewski
Larry Stresing Lois Fumanti
These Employees will continue to pay the percent of cost sharing in effect
as of their date of retirement. The percent of cost sharing will be the percent
of the cost of the active Employees' current plan each year.
If any of the Employees in this group elect to work past August 31, 2001, they
will be eligible to receive a special contribution to their 401(k) account calculated
using the Employee's years of service multiplied by $290. This contribution will
be made in five (5) equal installments, with the first installment in January 2002
and continuing each January thereafter in 2003, 2004, 2005, and 2006.
In addition, if an employee from this group elects to retire prior to the
end of the five (5) year contribution schedule, they will receive any remaining
balance of the five (5) year contribution as soon as administratively possible after
their retirement.
Also, they will be eligible to continue their medical coverage through the
Company until age 65 as per the following table:
Age Employer Retiree - --- -------- ------- 60
50% 50% 61 60 40 62 80 20 63 80
20 64 80 20 65 0 100**
** Medicare Supplement / Medicare Risk
Employee's Responsibility
For the Employees identified as eligible for this program, who retire after
8/31/01, they will pay premiums for their corresponding ages as set forth in the
table above or they will pay the lower applicable percentage rate in effect at retirement.
16
Retiree Medical Elimination - ---------------------------
All remaining active Employees and future Employees of the Employer are not
eligible for Retiree Medical Benefits.
In consideration of the above, Employees who were on the payroll as of January
1, 2001 are eligible to receive a special contribution to their 401(k) account calculated
using the Employee's years of service multiplied by $290. This special contribution
will be deposited into the Employee's 401(k) account in five (5) equal installments
over a five (5) year period of time, beginning January 2002, with the final contribution
being made in January 2006.
An Employee who retires, or dies, will have any remaining balance of this
special contribution deposited directly into their 401(k) account as soon as administratively
possible after their retirement or death.
If an Employee quits or is terminated for cause, that year's contribution
will be prorated and that contribution will be deposited directly into their 401(k)
account as soon as administratively possible following termination of employment.
The remaining balance will be forfeited. Employees who work 1,000 hours in a calendar
year will be eligible for that year's full contribution, payable as soon as administratively
possible following termination of employment. Employees who work less than 1,000
hours will be prorated using a percentage derived by dividing hours worked by 1,950
hours.
Loss of employment with Aurora Foods Inc. due to permanent layoff (upon expiration
of recall rights), plant closure, or sale of the business would generate full payment
of any remaining balance left on the five (5) year contribution schedule in a final
distribution into the Employee's 401(k) account as soon as administratively possible.
Dental Benefits - ---------------
The Employer agrees to provide all regular full-time Employees dental coverage
under the Aurora Foods Inc. Dental Plan effective the first of the month following
successful completion of the probationary period. This coverage shall be available
to the Employee and his/her qualified dependents, including dependent children aged
19-25 if a full-time student.
17
Accident or Sickness - --------------------
The Employer agrees to provide accident and sickness benefits under the Aurora
Foods Inc. Short Term Disability Plan. This Plan will pay a weekly income benefit
of sixty-six and two-thirds percent (66-2/3%) of the Employee's basic weekly wage,
up to two hundred and seventy-five dollars ($275) for up to twenty- six (26) weeks,
beginning on the eighth (8th) calendar day of disability.
Effective January 1, 2003, the Plan's weekly benefit maximum will increase
to three hundred dollars ($300), for up to twenty-six weeks.
This A&S benefit is not payable as a result of a work-related injury.
Long Term Disability - --------------------
Effective January 12, 2001, all covered Employees will be enrolled in Long
Term Disability (LTD) insurance. This benefit is subject to a pre-existing exclusion;
a pre-existing condition means any injury or sickness for which the Employee incurred
expenses, received medical treatment, care or services, including diagnostic measures,
or took prescribed drugs or medicines within three (3) months before the most recent
date of insurance.
The pre-existing limitation will apply to a period of disability, for the
pre-existing condition, that begins before the Employee is covered for at least
12 months, and/or any added or increased benefits.
Hereinafter, newly hired Employees on the first of the month following satisfactory
completion of the probationary period.
The LTD benefit will be sixty (60%) percent of the Employee's weekly base
pay. Approved benefits are payable after any applicable waiting periods and the
elimination period of 180 days (26 weeks of Short Term Disability) has been satisfied.
This benefit may remain in effect until the earlier of any of the following
events:
. The illness/injury causing the total disability is resolved and the
employee is able to return to the job market.
. If approved by the insurance carrier, LTD benefits payments will be
payable for the first 24 months due to the Employee's inability to
perform his/her own work duties or functions. Benefits that are payable
after the initial 24 months will be based on the Employee's continued
inability to perform any work duties or functions.
18
. The Employee is approved for, and receives, Social Security Disability
(SSD). At that time, the LTD benefit will be offset by Social Security
Disability payments. If the SSD payment exceeds the LTD benefit, the LTD
benefit will cease at that time. Periodic re-certification of disability
is required.
. The disabled employee reaches normal retirement age for Social Security
benefits to begin.
In the cases of Sarfeeyah Annoor, Sandra Kotar, and Terry White, who were
not actively at work on January 12, 2001, they will be covered under a self- funded
LTD policy that mirrors the insured LTD policy, with approval of benefits based
on medical certification of the disability. Benefit payments will be paid directly
by the Company for the duration of the benefit period.
This Long Term Disability benefit is not payable as a result of a work- related
injury.
Life Insurance - --------------
The Employer agrees to provide all regular, full-time Employees Company- Paid
Life Insurance under the Aurora Foods Inc. Life Insurance Plan on the first day
of the month following the successful completion of the Employee's probationary
period. The Employee will receive a life insurance benefit equal to one time their
annual base pay, calculated by multiplying base hourly rate x 2,080 hours.
ARTICLE 21 - PENSION
--------------------
The parties agree that any and all defined pension plans are terminated as
of November 1, 1999, with the purchase of Lender's Bagel Bakery in West Seneca,
New York by Aurora Foods. Also, the parties agree to set up the Aurora Foods Inc.
Union 401(k) Savings and Retirement Plan as soon as administratively possible following
the ratification of this agreement.
Employees will be eligible for pension benefits under the prior plan(s), if
the Employees meet the eligibility and/or vesting requirements of those plan(s).
Aurora Foods is not liable for any benefits from any previous pension/retirement
plan(s). Nor will this 401(k) Plan be reduced by any benefits previously earned
under the BC&T/GM International Pension Plan, the Kraft Foods Retirement Plan, or
the (Kellogg) Eggo Company Union Pension Plan earned as a result of service with
Lender's Bagel Bakery or its predecessors.
19
In consideration for the termination/elimination of the former defined pension
plan, the Company will make a one time deposit of $1200 for each employee who was
actively on the payroll as of December 31, 2000 (or retired in 2000), into those
Employee's 401(k) accounts, except the amount will be $2325 for the following Employees:
Frances Machnica Rosemary Janusz
Sarfeeyah Annoor Michela Nicosia
William Bratek Angel Sanchez
Florence Welninski Erik Funch, III
Michael Lasek Richard Kaminski
All West Seneca Union Employees on the payroll as of December 31, 2000, are
eligible to participate in the 401(k) Plan, as soon as the 401(k) is established.
Newly hired Union Employees are eligible to participate in the 401(k) Plan on the
first month following three full months of employment at Lender's Bagel Bakery,
West Seneca, NY.
Employees can save up to 15% of their gross weekly pay. Aurora Foods will
match 50% of the first 5% of Employee savings (maximum 2.5% Company match). Via
the 401(k) Administrator, Employees will be offered a broad range of investment
funds .
For each Employee who works 1000 hours in a Plan Year (January 1 to December
31) and saves at least one percent (1%) of the annual gross pay, the Company will
make a end year-end Company contribution of $1125.00 each year by December 31 of
that year.
For purposes of satisfying the one percent (1%) savings requirement, Employees
must save one percent (1%) of total gross earnings earned after the date the Employee
is eligible to participate in the Plan.
Example: An Employee starts to work on 1/15/01 and earn $6,000 from 1/15/01
through 4/30/01. The Employee is eligible to participate on May 1, 2001.
The Employee earns $16,000 from May 1, 2001 through December 31, 2001.
Therefore, the Employee must save $160 (1% of $16,000) to qualify for the
year end Company contribution.
For Employees who work less than 1000 hours in a Plan Year, the Company will
make a pro-rated year-end Company contribution, based upon dividing hours worked
in the plan year by 1950 hours.
20
For purposes of calculating hours worked, the following time paid will be
included: paid sick time, jury duty, funeral leave, time off for Union business,
vacation, military duty (up to two [2] weeks per year), and overtime (one [1] hour
worked equals one [1] hour of credit). In addition, up to five hundred (500) hours
will be credited for any covered personal or work related disability.
Employee savings and earnings on Employee savings are 100% vested. Company
matching, year-end Company contributions and earnings on Company match and contributions
vest on a Five (5) Year Graduated Vesting Schedule (vesting at 20% for each full
year of service) with 100% vesting occurring after five (5) years. Lender's years
of service counts toward vesting. Employees with 5 years of Lender's service are
100% vested on all Company matches, contributions and earnings.
The Aurora Foods Inc. Union 401(k) Summary Plan Description (SPD) describes
eligibility requirements, investment options, loan, and withdrawal provisions, etc.
The Plan is subject to all Federal Laws and regulations and the Administrator's
policies and rules.
ARTICLE 22 - SICK LEAVE
-----------------------
Section 1.
---------
(a) Employees with one (1) year service are entitled to three (3) days
sick leave per calendar year.
(b) New Employees with less than one (1) year service are entitled to
sick leave as follows:
Hired January 2 to April 30 Two (2) days
Hired May 1 to September 1 One (1) day
Hired after September 1 Zero (0) day
(c) In the event entitled sick leave is not used within the calendar
year, pay for these unused sick days will be added to an Employee's paycheck no
later than December 15th. It is understood probationary Employees are not eligible
for sick leave.
Section 2. In the event an Employee is hurt on the job and is unable to complete
his/her day's work, he/she shall receive wages for the entire day. When such Employee
returns to work, he/she must furnish a Doctor's Certificate that he/she is capable
of returning to work.
Section 3. An Employee who becomes ill while at work shall notify his/her
immediate supervisor before leaving the plant. If the Employee becomes ill away
from work, he/she shall notify the Employer as soon as possible of the reason for
his/her absence.
21
Section 4. Notwithstanding the provisions of Sections 1 and 2 of this Article,
any Employee absent from work for three (3) days or more may not return to work
until the Employee has furnished to the Employer a Certificate from a Doctor stating
that he/she has been sick during such period of time.
ARTICLE 23 - CHECKOFF
---------------------
It is agreed that the Employer and the Union shall establish a checkoff plan
of Union initiation fees and dues for all Employees covered by this Agreement. It
is further agreed the Employees shall sign statements authorizing the Employer to
make proper deductions from the Employee's pay in accordance with the checkoff plan.
The Employer shall forward a copy of the signed checkoff authorization to the Union
office.
The Company agrees to deduct Union dues on a weekly basis.
ARTICLE 24 - LEAVES OF ABSENCE
------------------------------
Section 1. Any member of the Union who is elected as a delegate or representative
of the Union in any activity necessitating temporary absence from his/her employment
shall be granted such leave of absence without pay upon adequate advance notice
thereof to the Employer.
For the purpose of Steward education, the Company will pay one
(1) day of wages, at the straight time hourly rate, per contract year. The Union
agrees to validate attendance at such training.
Section 2. Any member of the Union who is elected to a full-time position
with the Union necessitating lengthy absence from his/her employment, shall be granted
a leave of absence not exceeding one (1) year in length without loss of seniority
and at the end of such service in the business of the Union he/she shall be re-employed
at his/her former wage rate, plus any increase or less any reduction that may have
become effective during his/her absence.
Section 3. Such leaves of absence by the joint and mutual consent and approval
of both the Union and the Employer will be renewed and extended for additional periods
of one (1) year each, subject to the conditions set forth in Paragraph 2 above.
Section 4. Leaves of absence may be granted in special and extenuating circumstances
on a case by case basis with prior approval from the Company. Such requests must
be sent, in writing, to the Plant Manager. The Union shall be notified when such
leaves are granted.
22
ARTICLE 25 - RIGHTS OF MANAGEMENT
---------------------------------
The Employer retains the sole right to manage its business including but not
limited to the rights to decide the number and location of plants, the number and
type of machinery and equipment to be used, the products to be produced, the method
and place of production, the schedules of production, the size and composition of
the working force, and the control of raw materials which may be incorporated into
the products produced; the right to shift product, processes or types of work or
methods in or out of the plant; plus the rights to hire, assign, layoff, recall,
transfer, and promote Employees, to maintain order and efficiency in its plant operation;
to discipline and discharge Employees for just cause; to set job requirements and
reasonably determine the individual qualifications of all Employees; to determine
the starting and quitting times and the number of hours to be worked of all Employees;
to discontinue all or any part of its business operation; to control, regulate,
or discontinue the use of supplies, machinery, equipment and other property owned,
used, possessed, or leased by the Employer. Management shall have all other rights
and prerogatives subject only to those express restrictions on such rights as are
provided in this Agreement.
ARTICLE 26 - EXECUTIVE OR MANAGEMENT WORK
-----------------------------------------
Executive or Management Work - Non-Union supervisory Employees shall not do
work usually performed by the Employees covered by this Agreement, except:
(a) Covering absent Employees until a replacement is secured.
(b) For replacing ill or injured Employees pending replacement.
(c) Providing physical relief for Employees.
(d) For giving instructions or for the purpose of performing experimental
or research work.
(e) Emergency and Act of God, such as equipment failure, fire, flood,
etc.
ARTICLE 27 - NONDISCRIMINATION CLAUSE
-------------------------------------
No Employee shall be discriminated against in hiring, promotion, or continued
employment because of their race, color, creed, national origin, sex, age, or physical
handicap. Neither the Employer nor the Union, in carrying out their obligations
under this agreement, shall discriminate in any manner whatsoever against any Employee
because of race, sex, religious affiliation, nationality, age, or Vietnam Era Veteran
status.
23
ARTICLE 28 - MISCELLANEOUS
--------------------------
Employer to furnish and replace (upon fair wear and tear) Freezer Wear Paraphernalia
worn by Shipper and Freezer tenders such as: Insulated Chill Factor Rated Gloves,
Boots and Head Covering, also at the option of the wearer, Cold Weather Masks.
It is understood that the Company will supply, on an as-needed basis, Company-owned
rubber boots, gloves and protective clothing, when available. It is also understood
that in the event there is an unexpected shortage of any of the above Company-owned
articles, the necessary work assignments will be completed as assigned.
The Company agrees to provide a tool allowance of two hundred dollars ($200.00)
net (after taxes) per contract year upon proof of purchase.
SHOE PROGRAM FOR LENDER'S BAGEL BAKERY - WEST SENECA
----------------------------------------------------
I. PURPOSE
-------
The Lender's Shoe Program is designed to help ensure the safety of its Employees
as they work within the confines of the bakery. The Program helps prevent slips
and falls which may be caused by water, raw materials or ingredients spilled on
the floor in the working area.
II. REQUIREMENTS OF THE PROGRAM
---------------------------
A. All Lender's Employees who have work assignments that require
them to access the bakery must wear shoes.
B. All Employees affected by this Program will be required to wear
shoes with an anti-slip sole (slip coefficient of friction of
at least 0.5) as determined by the Company.
C. The shoe payout is a maximum of one hundred dollars ($100.00)
per year per employee on one (1) pair of shoes per year, paid
out on proof of purchase and verification that the shoes meet
Policy standards.
D. Shoes shall be of sturdy construction to afford some impact
protection. Only low-heeled leather/vinyl-type shoes are
permitted. Shoe types prohibited are canvas, nylon, sandal-
type, open heels, open toes, deep-grooved soles (1/4" or more).
Suede is not permitted on shoes.
E. Shoes will be kept clean, neat and in good repair.
F. Shoes with a safety toe are highly recommended for all
employees, but are not mandatory.
24
G. Employees found not to be in compliance with the guidelines of the
Policy will not be permitted to work until they comply.
H. Employees involved in an accident which is related to a slip or
fall, and who are not wearing shoes as outlined in the Policy,
will be subject to Disciplinary Action up to and including
Termination.
I. Visitors and Contractors to the bakery who are taking a plant tour
must comply with Item "D" of this Program. It is also highly
recommended that these individuals be informed prior to their
entry into the bakery of the hazards they may encounter.
J. The Company will provide a list of shoe vendors and styles.
Purchases outside of this approved list are the Employees'
responsibility to ensure compliance with the Policy as listed
above.
K. Exceptions to this Policy will be made on a case-by-case basis and
must be accompanied by medical documentation.
L. All Employees will be in compliance by January 1, 1996.
ARTICLE 29 - POSTING OF WORK SCHEDULE
-------------------------------------
A schedule of starting times for all Employees for the following week shall
be posted at least sixty (60) hours in advance. In the event it is necessary to
change the Employee's starting time, he/she shall be notified by the Employer at
the completion of his/her work day. The only time a change can be made is in case
of emergency.
ARTICLE 30 - SEVERANCE PAY
--------------------------
The Company has a responsibility to improve its competitive position through
equipment upgrades, technology advances, and work methods. The Company agrees to
offer training or education to Employees impacted by these changes.
It is agreed that each full-time Employee who is displaced from his/her employment
by reason of the closing of the plant, shutdown of a department, displacement from
their job as a result of the introduction of labor saving machinery, or to any full-time
Employee who leaves his/her employment in the event the Employer moves his shop
to another place located thirty-five (35) or more miles from his shops present location,
shall be compensated by the Employer or his/her predecessor for such displacement
providing he/she has been actively employed by the "Employer" for a period of at
least two (2) years. An eligible Employee's compensation for his/her displacement
shall be on the basis of thirty-seven and one-half hours (37.5) of severance pay
(at his/her straight time hourly rate of pay) for each full year of his/her actual
employment, commencing with the third (3rd) year thereof.
25
ARTICLE 31 - SCOPE OF AGREEMENT AND SEPARABILITY
------------------------------------------------
Section 1. It is agreed that this written Agreement reflects the entire Agreement
between the Union and the Company. Amendments or clarification of this Agreement,
mutually agreed upon, shall be reduced to writing and become a part of this Agreement.
Section 2. The Union and the Employer acknowledge that during the negotiations
which resulted in this Agreement, each had the unrestricted right and opportunity
to present demands and proposals with respect to any matter subject to collective
bargaining. Therefore, this Agreement includes all contracted matters related to
wages, hours, benefits and conditions of employment. All other matters related to
wages, hours, benefits and conditions of employment are expressly and unequivocally
waived. Further, the Employer and the Union freely agree that during the life of
this Agreement neither party shall be obligated to bargain with respect to any matter
or subject covered or not covered in this Agreement, except in the event the Employer
creates a new job classification, the Employer will notify and discuss with the
Union the wage rate of such new classification.
Section 3. Should any part or provision of this Agreement be rendered or
declared invalid by reason of any existing or subsequently enacted legislation or
by decree of a court of competent jurisdiction, such invalidation of such part or
provision of this Agreement shall not invalidate the remaining portions of this
Agreement and they shall remain in full force and effect.
ARTICLE 32 - TERMINATION
------------------------
This Agreement shall be in full force and effect from January 12, 2001 to
and including August 31, 2006 and thereafter from year to year until terminated
by either party as hereinafter provided. Sixty (60) days prior to August 31, 2006
or any subsequent annual expiration date, either party may notify the other of its
desire to negotiate a new Agreement. During negotiations, this Agreement shall remain
in full force and effect and the wage rate provisions of such new Agreement, when
consummated, shall be retroactive to August 31, 2006 or any subsequent annual expiration
date. However, such retroactive provision shall not be applicable to any Employee
who has resigned or been discharged prior to the time of the signing of this Agreement.
In the event either party shall not be satisfied with the progress of the negotiations,
the Employer or the Union, Local #429 with the sanction of the Bakery, Confectionery,
Tobacco Workers, & Grain Millers' International Union of America, may terminate
this Agreement, after any expiration date, upon forty- eight (48) hours notice to
the other party.
26
ARTICLE 33 - POLITICAL CONTRIBUTIONS
------------------------------------
Effective upon thirty (30) days notice from the Union, the Employer agrees
to honor contribution deduction authorization from its Employees for the BCT/GM-
PAC. It is understood that the authorization is voluntarily made by the Employees
and such deduction shall be on a monthly basis.
ARTICLE 34 - AMERICANS WITH DISABILITIES ACT
--------------------------------------------
The parties recognize that each of them have obligations pursuant to the Americans
With Disabilities Act to employ and, in some cases, to accommodate, disabled persons.
The parties further acknowledge that the Employer may take whatever action is necessary
to comply with the provisions of that Act and that nothing in this agreement is
intended to interfere with, or impede, the Employer in meeting these obligations.
The parties hereto recognize and agree to comply with the Family Medical Leave
Act as such applies to the Employees of the Employer.
ARTICLE 35 - PART-TIME EMPLOYEES
----------------------------------
a) The part-time workforce will not exceed six percent (6%) of the regular,
full-time workforce.
b) Part-time Employees will not be eligible for holiday or vacation pay.
c) Part-time Employees will be eligible for funeral leave as stated in
Article 12.
d) Part-time Employees who become regular, full-time Employees will be
eligible for holiday pay provided they have thirty (30) days of service
as part-time Employees.
e) Part-time Employees who become regular, full-time Employees will become
eligible for medical benefits on the first of the month following their
move to regular, full-time status, provided they have sixty (60) days of
service as part-time.
f) This language applies only to part-time Employees hired after 9/1/95.
ARTICLE 36 - ALTERNATIVE WORK SCHEDULE
----------------------------------------
In addition to the provisions of the Agreement, the Employer may establish
an Alternative Work Schedule. Such Alternative Work Schedule shall be subject to
agreement with a full-time Officer and Shop Committee of the Union.
27
ARTICLE 37 - SUBSTANCE ABUSE POLICY
-------------------------------------
SUBSTANCE ABUSE POLICY - ----------------------
Aurora Foods Inc. (Aurora) recognizes the growing problem of drug and alcohol
abuse in society, while also realizing that drug and alcohol dependency and abuse
can be treated and controlled. Aurora desires to provide a safe work environment
for all of its Employees. To this end, the purpose of this policy is to provide
a work environment that is free of illegal drugs and alcohol by offering programs
concerned with awareness, intervention and rehabilitation.
Aurora will offer assistance to all Employees for the treatment of drug and
alcohol abuse through programs authorized by the Company for this purpose. Employees
are encouraged to voluntarily acknowledge a problem before any disciplinary action
is initiated and to undertake a Company-approved treatment program. If no other
Company policies are violated, Employees who successfully complete the program will
not place their jobs in jeopardy.
The elements of this program are:
1. The sale, use or possession of alcohol or illegal drug or controlled
substances are prohibited. Violation of this rule will result in
disciplinary action up to and including termination.
a) Using, selling or possessing illegal narcotics, drugs or controlled
substances (including, but not limited to, marijuana, cocaine, crack,
PCP, heroin, LSD, amphetamines and barbiturates) while on the job or on
Company-owned or Company-leased property (including vehicles). In
addition, any illegal substances will be turned over to the appropriate
law enforcement agency and may result in criminal prosecution.
b) Bringing or consuming alcohol on any Company-owned or Company-leased
property (including vehicles), unless specifically authorized by a
senior Aurora manager.
c) If an Employee is subject to discipline or termination for cause under
existing rules, separate and apart from any impairment related to
substance abuse (i.e.: plant rules or attendance policies), such
Employee shall not utilize the substance abuse policy to circumvent
other policies or practices to avoid discipline or termination.
Disciplinary actions other than those specified under this policy shall
follow the time limits and principles of progressive discipline and,
where applicable, the collective bargaining agreement, and bargaining
unit Employees shall have recourse to the grievance and arbitration
procedure therein.
d) Working with a level of prohibited drugs in one's system above cutoff
level. Prohibited drugs include both illegal substances and prescription
drugs that have not been specifically prescribed by a registered
physician for specific treatment purposes
28
for the Employee. Employees are required to report to work in a condition that
allows them to perform their duties. Employees who appear to be unfit for work may
be subject to a fitness-for-duty examination at a designated medical facility.
e) Working while under the influence of alcohol.
2. Voluntary Recognition of Substance Abuse/Dependency (Self-Identification)
-------------------------------------------------------------------------
a) Employees of the Company with drug and/or alcohol dependency/abuse
problems are encouraged to come forward voluntarily.
b) Employees will be strongly encouraged to seek and receive the services
of the Employee Assistance Program prior to any violations of this
policy which causes disciplinary action to be initiated.
c) Individuals who voluntarily seek assistance for substance abuse/chemical
dependency (either directly or through a third party) will be eligible
for the Employee Assistance Program established by the Company.
d) The concerned individual will be referred to a designated medical and/or
counseling facility for evaluation of their problem/dependency. A
recovery program will be outlined and submitted to the Plant Manager or
other appropriate senior manager. If appropriate, that program may
include a leave of absence of up to four (4) consecutive weeks for
inpatient treatment and two (2) weeks outpatient treatment at a facility
designated by the Company.
e) Following completion of the leave of absence, the individual will be
expected to return to their former position (with no loss of seniority)
and complete continuing and/or follow-up rehabilitation
treatment/counseling. To reinforce the treatment regimen, the Company
reserves the right to require the affected Employee to submit to
drug/alcohol tests within the first year following referral for
treatment on a random basis as determined by the Company. Refusal to be
tested or comply with the approved treatment plan will result in
termination.
f) Employees who successfully complete the Employee Assistance Program and
their individual treatment plan agreements, return to work and
subsequently relapse into substance abuse/dependency will be afforded a
second and final opportunity to use the Employee Assistance Program's
services under the terms provided in this Section if they come forward
voluntarily and prior to any violations of this policy which causes
disciplinary action to be initiated.
3. Involuntary Recognition of Substance Abuse/Dependency
-----------------------------------------------------
Employees who do not voluntarily confront their alcohol/drug
dependency/abuse problems will be subject to the following terms which
differ from those outlined above:
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a) When a supervisor or manager (hereafter referred to as the "Employer")
has reasonable suspicion to conclude that an Employee has a substance
abuse/chemical dependency problem, the Employer may attempt to meet with
and counsel that Employee to seek treatment and rehabilitation.
b) When the Employer has reasonable suspicion to determine an Employee's job
performance is impaired by alcohol or drugs (hereafter referred to as
"substance"), the Employer shall document these observations in writing
and contact another Employer representative for purposes of confirming
the observations
The Employer shall contact the Business Agent, Union Steward or other
Union representative for the purpose of informing and involving the
appropriate and available Union representative in the immediate
situation.
In the presence of the employee and the Union representative, the
Employer shall present the observations establishing reasonable
suspicion. The Employee shall, upon hearing the Employer's confirmed
observations, receive counseling as to the policy and shall be presented
with the opportunity to immediately enter the Employee Assistance
Program. If the Employee agrees to enter the Employee Assistance Program,
at this point it will be treated as voluntary recognition and the
aforementioned provisions of Section 2 shall apply. If the Employee does
not agree to enter the Employee Assistance Program, the Employee will be
subject to drug/alcohol testing for substance abuse. The refusal to be
tested will cause termination.
c) Reasonable suspicion based on objective criteria means that based on
specific personal observations which the Employer representative can
describe concerning the appearance, behavior, speech or performance of
the Employee, it is reasonable to conclude that because of drug or
alcohol use the Employee is unable to satisfactorily perform his or her
job. Suspicion is not reasonable, and thus not a basis for testing, if it
is based solely on third party observations and reports.
The Employer may require that the Employee immediately go to a medical
facility to provide urine specimens for the purpose of testing and/or
taking a breath test and to receive a fitness-for-work examination by a
licensed physician.
d) While the observations of the Business Agent, Union Steward, or other
bargaining unit employee may be solicited and are relevant in the context
of the joint Employer/Union commitment to addressing the problem of
substance abuse, Union representatives shall have no right to interfere
with the Employer's decision to require testing or to take other
management action.
4. Drug/Alcohol Test Procedures
----------------------------
Drug/Alcohol testing shall be done at the medical facility using urine
specimens/breathalyzer tests. With regard to alcohol, the cutoff level
below which a test is
30
presumed negative shall be that used by the State Police to conclude impairment
in the operation of a motor vehicle.
a) If required by the medical facility or testing lab the Employee shall sign
forms authorizing: (1) providing the medical facility a specimen of urine;
(2) the testing laboratory to release the results of the testing indicating
the presence or absence of a substance capable of causing impairment to the
medical facility for physician review and to the designated manager of the
Company, and; (3) at the Employee's discretion, he/she may authorize the
same release as defined in (2 above) to the Union. An Employee's refusal to
sign the release shall constitute a refusal to be examined and tested. Such
refusal shall result in termination.
b) The Employee to be tested shall be taken to the medical facility by an
Employer representative accompanied, at the request of the Employee, by the
Business Agent, Union Steward or another Employee.
c) In an effort to protect individual privacy, Employees will not be subject to
direct observation while rendering urine samples. If the Employee provides
urine samples that contain confirmed evidence of any form of tampering or
substitution, the Employee shall be discharged.
d) Urine samples shall be drawn, subject to the provisions set forth below.
Upon receipt of the specimens by the laboratory one of three urine specimens
(or subdivisions of a single specimen) will be placed immediately, unopened
in a locked freezer for storage. A second sample will be used for the
initial and confirming test. In the event of a positive initial test, within
twenty-four (24) hours a second, independent, confirming test will be
conducted at the laboratory site. The cost of the examination and initial
and confirming test shall be borne by the Company. A negative result in the
confirming test will prevail.
A third sample will, at the Employee's request, be transferred to a
laboratory (meeting standards mutually agreed on by Company and Union)
chosen by the Employer for an independent test. The Employee shall bear all
costs for this test.
e) The examination and testing procedures and standards to be carried out by
the medical facility personnel and testing laboratory shall be those adopted
by the Employer and the Union and shall include the following general
components:
(e.1) Medical Facilities:
Medical facilities performing the examination must be under the direction of
a licensed physician. The facility must employ at least one charge nurse who
is a registered nurse, or a degreed, registered medical technician.
A licensed physician must perform the fitness for work examination and
review the laboratory reports. The physician must have knowledge of
substance abuse
31
disorders and must possess the appropriate medical training to interpret
and evaluate all positive test results together with the Employee's medical
history, including medications used, and any other relevant biomedical
information.
The medical facility must possess all necessary personnel, materials,
equipment, facilities, and supervision to provide for the collection,
security, temporary storage, and transportation (shipping) of urine
specimens to the testing laboratory.
The medical facility must provide written assurances that the specimen
collection space is secure; that chain of custody forms will be properly
executed by authorized collection personnel upon receipt of specimens; that
the handling and transportation of specimens from one authorized individual
or place to another will be accomplished through the use of chain of
custody procedures; and that no unauthorized personnel are permitted in any
part of the specimen collection or storage spaces.
(e.2) Laboratory Facilities
Laboratory facilities must comply with applicable provisions of any state
licensing requirement and must meet the standards for accreditation
promulgated by the National Institute on Drug Abuse and be an ongoing
participant in a program of external quality assurance. These standards may
be revised as recommended by the National Institute on Drug Abuse.
f) Specific specimen collection procedures that include safeguards to ensure
the Employee's right to privacy:
(f.1) Authorized specimen collection personnel shall request that the
Employee show positive identification by providing a pictured
identification card such as a driver's license, or being identified by
accompanying Management or Union personnel, and shall assure that the
Employee signs the notice that explains the procedures for testing and
reporting results. These personnel shall remove all articles and items
from the collection space or bathroom, shall turn off the hot water valve
under the sink, shall assure that the tamper-proof specimen collection kit
is intact, and shall instruct the Employee to wash and dry hands prior to
entry.
(f.2) Employees shall remove all coats, sweaters, jackets and similar
excess clothing and leave belongings outside the bathroom and shall provide
urine samples in multiple containers. Employees will not be subject to
direct observation while rendering samples. Authorized specimen collection
personnel shall, however, be present outside the bathroom and shall receive
the containers, assure that the quantity is sufficient for testing, check
color and measure the temperature of each container and record same. These
personnel shall fill in specimen labels in the presence of the Employee,
shall cap and seal containers with evidence tape and shall secure the
Employee's initials on the tape.
32
g) Flawless chain of custody procedures shall govern specimen handling
throughout the testing process. Chain of custody procedures shall assure
that urine samples shall not leave the sight of the Employee until each vial
has been sealed and initialed and that at least the following measures are
taken by medical facility and laboratory staff:
(g.1) Medical Facilities
Personnel shall complete a chain of custody form and shall place the sealed
and initialed specimens in the drug collection kit or box provided by the
laboratory along with the chain of custody form and signed notice. The
collection kit or box shall be sealed by authorized medical facility
personnel and this seal or tape shall be initialed by these personnel.
The medical facility shall make prior arrangements for courier pickup of the
specimens and shall assure that all specimens are couriered or shipped to
the testing laboratory as immediately as possible. The medical facility
shall assure that no specimens will be shipped on a Friday or the day before
a holiday and that any specimens held at the facility overnight shall be
placed in a secured refrigerator until courier pickup.
(g.2) Laboratory
The testing laboratory shall assure that personnel authorized to receive
specimens immediately open the package, inspect the sealing tape for
initials, and open the kit or box. These personnel shall examine and inspect
the chain of custody form, the specimen containers, and kit or box to assure
that it conforms to the requirements of Subsection g.1 (above). If these
requirements are not met, the laboratory personnel shall immediately notify
the laboratory's scientific director and shall document any and all
inadequacies in the chain of custody requirements. The laboratory's
scientific director shall immediately notify the medical facility and the
Company of the inadequacies and shall retain the specimens in a locked
freezer pending disposition direction. Failure to maintain the secure chain
of custody delineated will be the equivalent of a negative test result.
If the requirements are met, authorized laboratory personnel shall sign on
the appropriate line of the chain of custody form and deliver the specimen
kit or box to authorized laboratory technologists for testing. Each
technologist shall sign on the appropriate line of the chain of custody
form.
All positive samples shall be resecured with evidence tape, signed, and
dated by an authorized technologist. Upon completion of testing procedures,
testing reports shall be prepared and a signed by at least two authorized
technologists for the review, approval, and signature of the scientific
director.
33
h) Established levels below which specimens are deemed negative:
Drug Assay Cut-Off Level
---------- -------------
Cocaine Metabolite 300 ng/ml
Phencyclidine 25 ng/ml
Opiates 300 ng/ml
Amphetamine 1000 ng/ml
Cannabinoids 100 ng/ml
i) Laboratory use of appropriate screening and confirmation procedures and
technology:
(i.1) The laboratory shall assure that each specimen in both initial and
confirming tests (as well as tests paid for by the Employee) will use gas
chromatography/mass spectrometry. Both tests must be positive before a
specimen is reported as positive.
j) Procedures to assure the confidentiality of test results and the treatment
of these records as confidential health information or data:
(j.1) The laboratory shall ensure that alcohol and drug testing reports,
including the original chain of custody form, are mailed only to the
appropriate personnel at the medical facility, the designated manager of
the Company and, if the Employee so chooses, to the Union immediately.
The lab shall ensure that, in the event that telephone reports of testing
results are required, a security code system be used to establish that
results are being verbally reported only to those individuals authorized by
the medical facility, the Employee and the Employer.
(j.2) If an Employee is taking a prescription or non-prescription
medication in the appropriate manner, had noted such use, and the observed
impairment in the opinion of the physician reviewing laboratory reports of
tests could reasonably have been caused, in the absence of other
substances, by the legal medication, then the Employee will not be
disciplined under this policy and will be returned to work or, at the
Employer's discretion, given sick leave and/or disability for the duration
of the medication's use.
(j.3) All information other than positive or negative test results and
fitness-for-work examination results are confidential and will be revealed
only to the examining physician, Employee and those authorized by him or
her.
5. Status of Tested Employees and Penalties for Positive Results
-------------------------------------------------------------
a) Employees subject to the requirement for testing shall be suspended without
pay, effective immediately after receipt of the fitness-for-work examination
and rendering of samples for the period of time required to process, confirm
and report test results.
b) Employees whose test results are negative, and who pass the fitness-for-work
examination, shall be reinstated and made whole for the period of
suspension.
c) Employees whose first alcohol/drug test results are positive shall not be
eligible for reinstatement with back pay but shall be given a final
opportunity to immediately enter the Employee Assistance Program. Failure to
enter the rehabilitation program and failure to abide by the terms of the
treatment plan shall be grounds for discharge. This option will not be
afforded to those who test positive for a second time.
d) An Employee who, on the basis of such random and mandatory tests as defined
in this policy, provides samples that contain positive and confirmed
evidence of
34
substances at or above the stipulated levels, or confirmed evidence of
tampering or substitution, shall be discharged.
6. Right of Search
---------------
Aurora does not intend to authorize indiscriminate searches of employee
desks, lockers, vehicles or personal effects such as purses and lunch
boxes, but the Company reserves the right to authorize searches for illegal
drugs, alcohol or contraband, if warranted, by reasonable cause.
35
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
AURORA FOODS, INC. / BAKERY, CONFECTIONERY, TOBACCO LENDER'S
BAGEL BAKERY WORKERS & GRAIN MILLERS'
INTERNATIONAL UNION OF AMERICA,
LOCAL 429
For the Company: For the Union: - ----------------
--------------
/s/ Stefon L. Martin /s/ James T. Short - -------------------------------------------
---------------------------------- Stefon L. Martin, General Manager
James T. Short, Business Agent Lender's Bagel Bakery
BCT/GM Local 429
/s/ Francis W. Furlong /s/ Robert T. Giczkowski - -------------------------------------------
---------------------------------- Francis W. Furlong, Human Resources Manager
Robert T. Giczkowski, President Lender's Bagel Bakery
BC&T/GM Local 429
/s/ Edward C. Malowney /s/ Timothy C. Ahrens - -------------------------------------------
---------------------------------- Edward C. Malowney, Regional HR Manager
Timothy C. Ahrens, Shop Chairman Aurora Foods, Inc.
BC&T/GM Local 429
/s/ John M. Keough /s/ Edward J. Walsh - -------------------------------------------
---------------------------------- John M. Keough, Production Manager
Edward J. Walsh, Committee Member Lender's Bagel Bakery
BC&T/GM Local 429
/s/ Karen A. Prokop /s/ Sandra L. Dorman - -------------------------------------------
---------------------------------- Karen A. Prokop, Human Resource Generalist
Sandra L. Dorman, Committee Member Lender's Bagel Bakery
BC&T/GM Local 429
/s/ David A. Urban
----------------------------------
David A. Urban, Committee Member
BC&T/GM Local 429
36
SCHEDULE "A" OF AGREEMENT BETWEEN
AURORA FOODS INC. AND
BAKERY, CONFECTIONERY, TOBACCO WORKERS & GRAIN MILLERS'
INTERNATIONAL UNION OF AMERICA, LOCAL 429
DATED AS OF JANUARY 12, 2001
WAGE SCHEDULE
-------------
Effective Effective Effective Effective Effective CLASSIFICATION
09/02/01 09/01/02 08/31/03 08/29/04 08/28/05 - -------------------
--------- --------- --------- --------- ---------
Maintenance $ 14.93 $ 15.43 $ 15.93
$ 16.43 $ 16.93 Employees
Production & $ 13.87 $ 14.37 $ 14.87 $ 15.37 $ 15.87 Quality
Assurance Employees
Shippers $ 13.27 $ 13.77 $ 14.27 $ 14.77 $ 15.27
Packers, Sanitors $ 13.02 $ 13.52 $ 14.02 $ 14.52 $ 15.02 and
Helpers
Any Employee receiving a higher rate than specified in this Agreement, his/her
hourly rate shall not be reduced under any condition.
New, inexperienced Employees hired after August 31, 1995 shall be paid at the
rate of seventy percent (70%) of the job rate in the classification in which the
Employee is working for the first six (6) months, eighty percent (80%) of the job
rate for the second six (6) months, and ninety percent (90%) for the third six (6)
months. Thereafter, the Employee shall receive the rate of the classification.
If an Employee has worked in the industry and has completed the necessary time
requirements and leaves such company and resumes work with the same company or another
company in the industry and still maintains the skills and ability, such Employee
will not be required to meet the time requirements again, and will receive the rate
stated in the classification the Employee is working.
37