Agreement - Joseph A. Bank Mfg. Co. Inc. and Baltimore Regional Joint Board Unite
AGREEMENT dated March 1, 2000 by and between Joseph A. Bank Mfg. Co., Inc.
(hereinafter referred to as the "Employer") and the BALTIMORE REGIONAL JOINT BOARD,
UNITE, an unincorporated association (hereinafter collectively referred to as the
"Union"), for and in behalf of itself and the employees now employed, or hereafter
to be employed by the Employer at its Hampstead, Maryland, Distribution Center and
National Tailoring Service branch.
In consideration of the mutual covenants, promises and agreements herein contained,
the parties hereto agree as follows:
ARTICLE I
COVERAGE:
A. The term "Employees" as used in this Agreement shall include all employees
of the Employer's Hampstead, Maryland, Distribution Center and Hampstead Maryland,
National Tailoring Service branch, except executive, administrative, office clericals,
supervisors and guards as defined in the National Labor Relations Act. This collective
bargaining agreement is gender neutral, and wherever the pronouns "he" or "his"
are used in the interests of brevity, they are intended to mean female employees
as well.
ARTICLE II
UNION RECOGNITION:
A. The Employer recognizes the Union as the exclusive collective bargaining
agent for the employees in the bargaining unit described above with reference to
wages, hours and working conditions.
B. The Employer shall recognize and deal with such representatives of the
employees as the Union may elect or appoint and shall permit such representatives
elected or appointed by the Union to visit its Hampstead Distribution Center and
Hampstead NTS at any time during working hours in accordance with existing rules.
C. The Employer agrees to make available to the Union such payroll and production
records as the Union may reasonably require as the collective bargaining agent and/or
contracting party hereunder.
ARTICLE III
UNION SECURITY:
A. In the manner and to the extent permitted by law, membership in the Union
on completion of the trial period of each employee or on and after the 30th day
following execution of this Agreement, whichever is later, shall be required as
a condition of continued employment of each employee. In the event that the trial
period is less than thirty (30) days, membership in the Union shall not be required
until thirty (30) days after date of employment. All employees who are now members
or hereafter become members of the Union shall, as a condition of continued employment,
remain members in good standing during the term of this Agreement.
B. Trial Period: Hampstead Distribution Center and Hampstead NTS; All new
experienced employees shall have a trial period of two (2) weeks. All new inexperienced
employees shall have a trial period of ninety (90) days.
It is agreed that the Employer shall pay to an employee who has completed
his probationary period indicated in the collective bargaining agreement at least
twenty-five (25) cents an hour above the then existing Federal or State minimum
wage whichever is
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higher. This provision is not to substitute for or supersede higher straight- time
hourly rates and incentive base rates, if any exist.
ARTICLE IV
WAGES:
1. Effective March 1, 2000, the Employer shall grant a wage increase of
30cents per hour to all employees in the bargaining unit.
2. Effective March 1, 2001, the Employer shall grant a wage increase of
30cents per hour to all employees in the bargaining unit.
3. Effective March 1, 2002, the Employer shall grant a wage increase of
30cents per hour to all employees in the bargaining unit.
4. If an employee is temporarily transferred from one job to another at
the request of the Employer, he shall, while working on the job to which he has
been transferred, be paid (a) if an hourly paid employee, his regular hourly straight-time
rate of pay prevailing at the time of the transfer or the hourly straight-time rate
of the job to which he is transferred, whichever shall be higher; or (b) if an incentive
paid employee, his regular straight time hourly incentive rate* or the hourly straight-time
base rate for the job to which he is transferred, whichever shall be higher.
ARTICLE V
REPORTING PAY:
Employees who report for work at their regular starting time, or at such hour
designated by the Employer, shall be paid their regular straight-time hourly incentive
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rate, or regular, whichever is applicable, straight-time hourly rate of pay for
all work performed between the hour they report for work and the hour that they
are dismissed, but in no event shall they be paid less than six (6) hours, or four
(4) hours on Saturday. This clause shall not apply in the event of power failure,
fire, or other cause over which the Employer has no control. In the case of the
first five (5) hours of call in pay, failure of other employees to report for work
shall be considered cause over which the Employer has no control only if an emergency
arises which it could not foresee and it had taken adequate steps to train and provide
relief workers. Excessive absenteeism shall relieve the Employer of the obligation
to pay the sixth hour of call in pay.
ARTICLE VI
HOURS OF WORK:
1. Regular Work Week: The regular hours of work for all employees may be
eight (8) hours in any one day, from Monday to Friday inclusive. The time when
work shall begin and end each day shall be agreed upon by the Employer and the Union.
2. Overtime: Time and one-half shall be paid for all work outside the regular
daily hours. As long as the regular work week shall be from Monday to Friday inclusive,
time and one-half shall be paid for all work performed on Saturdays and double time
for work performed on Sunday irrespective of the number of hours worked during the
week.
In the event the Employer deems it necessary for business reasons to institute
a multi-shift operation during the regular work week Monday through Friday, inclusive,
it
________________________________________________________________________________
* An incentive employee's regular straight-time hourly incentive rate is the employee's
average straight-time hourly earnings for the first thirteen (13) weeks of the calendar
year, effective July 4 of each year.
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will give the Union no less than thirty (30) days notice of such intention, and
the parties shall meet promptly for the purpose of negotiating a shift premium(s).
3. In the event the Employer deems it necessary for business reasons to
adopt a seven day operation, Saturday and/or Sunday will become part of a regular
five day work week for those employees scheduled regularly to work either or both
of those days and Saturday and Sunday premium pay will not be applicable to those
employees so scheduled.
It is further understood, however, that premium pay of time and one-half for
Saturday work and double time for Sunday work, whichever is appropriate, will continue
to be applicable to those employees for whom Saturday or Sunday work constitutes
a sixth or seventh consecutive work day.
4. No work shall be performed on a designated holiday except by mutual agreement
of the parties, and, if agreed upon, at double time. Overtime pay for work on a
designated holiday shall be in addition to holiday pay to which the employee is
entitled pursuant to the provisions hereinafter set forth in HOLIDAYS, Article IX,
Sections B1 or B2, whichever is applicable.
5. Notice of Overtime: The Employer agrees to give reasonable notice to
the employees and the appropriate union shop committee representative when overtime
is to be worked.
ARTICLE VII
EQUIPMENT BREAKDOWN TIME AND WAITING TIME:
An employee paid on an incentive basis who is required to wait for work due
to equipment breakdown beyond his control shall be compensated at his straight-time
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hourly incentive rate for all such waiting time in excess of fifteen (15) minutes
per day. An employee paid on an incentive basis who is required to wait for work
due to cause beyond his control other than for equipment breakdown shall be compensated
at his straight-time hourly incentive rate for all such waiting time in excess of
thirty (30) minutes per day. However, in no event will the combined unpaid equipment
down time and waiting time exceed thirty minutes per day. Any employee who finds
it necessary to wait for work shall, on each separate occasion, notify his immediate
supervisor both at the beginning and end of such waiting period. Payment for waiting
time shall cover only such time as follows such notification. The Employer may transfer
such employees to other equipment during equipment down time, in the same department
or to another department if the employee is qualified to perform the required work,
and the employee will be paid his straight-time hourly incentive rate.
ARTICLE VIII
VACATIONS:
I. Hampstead Distribution Center
-----------------------------
A. Vacation Period. It is mutually agreed that there shall be the following
vacation periods for the Hampstead Distribution Center employees entitled to vacation
pay as hereinafter provided.
1. Unless changed by mutual agreement between the Employer and the
Union, the Summer Vacation Period shall be June 1 through August 31. There shall
be no shut down of Distribution Center operations for the purpose of observing summer
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vacations. Summer Vacations shall be scheduled individually with due regard to
seniority and subject to the approval of the Employer based upon business needs.
2. The Christmas Vacation Period shall be between Christmas Day and
New Year's Day of each year.
3. Fourth Week of Vacation: Any Hampstead Distribution employee with
20 years, or more, of employment, with the Employer is entitled to a fourth (4th)
week of paid vacation to be taken during the ensuing twelve (12) month period following
the date that the employee reaches 20 or more years of employment. The schedule
of vacations shall be fixed by mutual agreement with the Union in accordance with
the needs of business. Individual employees may bid for an available week in order
of seniority or such other rotational system as mutually agreed to with the Union.
If mutually agreed to with the Union, an employee may elect to work during the
employee's week of vacation at straight time in addition to vacation pay. The amount
of time off and pay shall be the same as the preceding Winter Vacation.
4. In the event that a paid holiday falls within the employee's vacation,
Hampstead Distribution Center employees entitled to holiday pay shall be entitled
to such holiday pay in addition to vacation pay hereinafter provided.
B. Eligibility and Pay for Hampstead Distribution Center Employees Employed
Prior to October 1, 1985:
1. For the Summer Vacation:
(a) All employees who have been on the payroll of the Employer for at
least six (6) months prior to the commencement of the Summer Vacation period and,
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except as hereinafter provided, who are on such payroll at the commencement of
the Summer Vacation Period are eligible for a paid vacation.
(b) The amount of each employee's vacation pay for Summer Vacation shall
be determined in the manner set forth in this subparagraph. If the employee has
been on the payroll of the Employer:
(i) Six (6) months but less than nine (9) months, he shall receive
one-half of one week's pay,
(ii) Nine (9) months but less than one (1) year, he shall receive
three-fourths of one week's pay,
(iii) One year or more, he shall receive two (2) week's pay.
(c) (i) First Week: One week's pay shall be forty (40) times the
employee's regular straight-time hourly incentive rate if an incentive paid employee
scheduled to work forty (40) hours per week, or forty (40) times the employee's
straight-time hourly rate if so compensated. The full amount of the wage increases
scheduled to be paid on March 1, 2001 and March 1, 2002 shall be included as applicable.
(ii) Second Week: An eligible employee who has worked not less
than 1000 hours in the 12 months beginning June 1st in the previous calendar year
and ending May 31st in the current vacation year shall receive for his second week's
vacation pay the same amount as the employee's vacation pay for the first week.
(d) For those eligible Hampstead Distribution Center employees regularly
scheduled to work less than eight (8) hours daily, one week's vacation pay shall
consist of their regular straight-time hourly incentive rate or regular straight-time
hourly rate of pay, whichever is applicable, times the average weekly hours they
were scheduled
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to work during the twelve (12) months beginning June 1/st/ in the previous calendar
year and ending May 31/st/ in the current vacation year.
(e) For those eligible employees who worked less than 1000 hours during
the entire aforesaid twelve (12) months period, the second week's vacation pay shall
be two and one-half percent (2 1/2%) of the employee's straight-time earnings for
up to forty (40) hours per week in the twelve (12) months beginning June 1st in
the previous calendar year and ending May 31st in the current vacation year.
2. For the Christmas Vacation Period:
(a) All Hampstead Distribution Center employees who have been on the
payroll of the Employer one year or more prior to December 1st and, except as hereinafter
provided, who are on such payroll at the commencement of the Christmas Vacation
Period are eligible for a paid Christmas vacation.
(b) The amount of each employee's vacation pay for the Christmas Vacation
Period shall be determined in the manner set forth in the following subparagraphs;
(i) An employee who has worked not less than 1000 hours in the
entire aforesaid twelve (12) months period, shall receive 40 times his regular straight
time hourly incentive rate or forty (40) times his straight- time hourly rate, whichever
is applicable, adjusted by three-quarters of the wage increases scheduled to be
paid pursuant to Article IV hereof, as applicable.
(ii) An employee who worked less than 1000 hours in the entire
aforesaid twelve (12) months period shall receive one week's vacation for up to
forty (40) hours calculated on the basis of two and one-half percent (2 1/2%) of
his straight time
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earnings in the twelve (12) months beginning December 1st in the previous calendar
year and ending November 30th in the current vacation year.
C. Eligibility for Hampstead Distribution Center Employees Employed After
October 1, 1985:
Each employee hired by the Employer on or after October 1, 1985 shall receive
vacation pay in accordance with the following requirements:
(i) On completion of 1 year of service, 1 week vacation at the
next ensuing regularly scheduled vacation period (either winter or summer, whichever
comes first).
(ii) On completion of 2 years of service, 2 weeks of summer vacation
except that an employee who first becomes eligible for two weeks of vacation prior
to the winter vacation shall receive one week of winter vacation and one week of
summer vacation.
(iii) On completion of 3 years of service, 2 weeks of summer vacation
and 1 week of winter vacation.
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II. Hampstead National Tailoring Service Employees
----------------------------------------------
A. Vacation Period
It is mutually agreed that there shall be the following vacation periods
for Hampstead National Tailoring Service employees entitled to vacation pay as hereinafter
provided.
1. The Summer Vacation Period shall be July 15 through September 15 of
each calendar year.
2. The Winter Vacation Period shall be January 15 through March 15 of
each calendar year.
3. If mutually agreed to with the Union, an employee may elect to work
during the employee's vacation week at his/her straight-time hourly rate in addition
to vacation pay. The amount of time off and pay shall be the same as that to which
the employee was entitled during the immediately preceding vacation period.
B. Eligibility and Pay for Hampstead National Tailoring Service Employees
1. Hampstead NTS employees shall be entitled to receive paid vacations
in accordance with the following schedule:
Length of Service Vacation Entitlement
----------------- --------------------
a) One (1) year but less than two (2) One (1) week's vacation with pay
b) Two (2) years but less than three (3) Two (2) weeks' vacation with pay
c) Three (3) years but less than twenty (20) Three (3) weeks vacation with pay
d) Twenty (20) years or more Four (4) weeks of vacation with
pay
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e) One (1) week's vacation pay for eligible employees who worked not less
than 1000 hours in the 12 months preceding their vacation shall consist of forty
(40) times the employee's then current regular straight-time hourly rate of pay.
f) For eligible employees who worked less than 1000 hours in the twelve
(12) month period preceding their vacation, one (1) week's vacation pay shall be
two and one half percent (2 1/2%) of their straight time earnings in the preceding
twelve (12) months.
g) Employees entitled to more than one (1) week's vacation with pay may
schedule up to two (2) weeks during either of the Winter or Summer vacation periods.
h) All scheduled vacations are subject to approval of the Employer based
upon business needs.
i) Where a dispute arises between two (2) or more employees seeking to schedule
the same vacation period, preference shall be determined by order of seniority.
III. General Vacation Conditions:
1. In the event a paid holiday falls within an employee's vacation,
if the employee is entitled to holiday pay, he shall receive such holiday pay in
addition to vacation pay.
2. An employee otherwise eligible for a paid vacation shall not
be deemed ineligible because of the fact that he is temporarily laid off or ill
at the commencement of the vacation period. The Arbitrator is expressly empowered
to determine, in accordance with the arbitration procedure provided in this Agreement,
whether an employee discharged prior to the commencement of a vacation period but
otherwise eligible for a paid vacation, shall be entitled to vacation pay.
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3. An employee who has been in the employ of the Employer a sufficient
length of time to have earned a paid vacation as herein set forth but whose employment
has been terminated because of termination of business shall be entitled to vacation
pay pro-rated as of the date of termination of employment.
4. Vacation pay as hereinabove provided shall be paid on the pay day
immediately preceding the applicable vacation period.
5. Where an employee has been permanently and formally scheduled to
work less than the regular work week for his operation the work eligibility and
vacation pay for such employee shall be adjusted pro-rata.
6. Retired and Permanently Disabled Employees:
Employees who, during any vacation year, retire or receive Federal Old Age Social
Security Retirement Benefits, or become totally and permanently disabled so as to
become eligible for and subsequently receive disability insurance benefits pursuant
to the Social Security Act, as amended, shall receive pro-rata vacation pay for
any untaken vacation for which they were eligible. The vacation pay herein provided
shall be paid upon presentation to the Employer of proof of retirement or the Certificate
of Award issued by the Social Security Administration, as appropriate.
7. Anything to the contrary notwithstanding contained in this Article
VIII, the Union shall have the right to present to the Employer the question of
vacation pay for the Christmas vacation period on behalf of a Hampstead Distribution
Center employee who does not qualify for same because he was employed after December
1st but prior to Christmas Day during the previous calendar year. If agreement between
the
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Union and the Employer is not reached the Arbitrator is expressly empowered to
settle said matter.
8. For the purpose of Sections I. B and C and II. A, above, an employee
who has completed a probationary period with a prior employer in contractual relationship
with the Union and who has been unemployed because of layoff or plant closing and
is reemployed in the same local market within one year of loss of employment shall
receive credit for each year of employment with the prior employer.
9. Employees entitled to a fourth (4/th/) week of vacation may take
that week one (1) day at a time subject to:
(a) Mutual agreement between the employee and his supervisor on the
vacation day to be taken. The Company's agreement will not be
unreasonably withheld.
(b) Where more than one (1) employee seeks to take the same vacation
day off, the Company shall have the right to limit the number of
employees permitted off in order not to interfere with the
production process.
(c) Where more than one employee seeks the same vacation day off and
production requirements will not so permit, the choice shall be
made by seniority.
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ARTICLE IX
HOLIDAYS:
A. 1. All employees shall be entitled to the following eleven (11) holidays
with pay subject to paragraph E:
New Years Day; National Observance of Martin Luther King, Jr.'s Birthday;
Good Friday; Easter Monday; Memorial Day; Independence Day; Labor Day;
Thanksgiving Day; Friday After Thanksgiving Day; Last Weekday Prior to the
Commencement of Christmas Vacation; Christmas Day.
The Employer and the Union may substitute two other holidays for those listed
above, by mutual agreement. Should any of the above holidays fall on Sunday, the
day celebrated as such shall be considered the holiday.
2. All such holidays shall be paid for irrespective of the day of the
week on which the holiday falls.
3. In the event of back-to-back paid holidays, if a worker is absent
without reasonable excuse, either the day before or the day after the paid holiday,
he shall lose only one holiday's pay.
B. The pay for each holiday shall be:
1. For Hampstead Distribution Center employees regularly scheduled
to work forty (40) or more hours per week, eight times their regular straight- time
hourly incentive rate or regular straight-time hourly rate of pay, whichever is
applicable. For those Hampstead Distribution Center employees regularly scheduled
to work less than eight (8) hours daily, their regular straight-time hourly incentive
rate or regular straight
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time hourly rate of pay, whichever is applicable, times the daily hours they are
regularly scheduled to work.
2. For Hampstead NTS employees eight (8) times the employee's then
current straight-time hourly rate of pay.
C. Any employee who, without reasonable excuse, is absent from work or who
does not work all his scheduled hours on the work day before or the work day after
a holiday shall not be entitled to holiday pay. Reasonable excuse shall be limited
to the following:
1. Illness of the employee;
2. Death in the immediate family of the employee;
3. Lack of work for the employee.
D. Notwithstanding the provisions of this Article IX, it is understood that
holiday pay shall not be paid any employees of the Employer's Hampstead Distribution
Center or Hampstead NTS, whichever is applicable, if such operation is shutdown
for five (5) consecutive weeks as follows:
1. The entire two (2) weeks immediately preceding the week in which
such paid holiday occurs; and
2. The entire week during which such paid holiday occurs; and
3. The entire two (2) weeks immediately following the week in which
such paid holiday occurs.
E. Trial Period, Intervening Holidays: If a holiday falls within the initial
trial period, the employee shall receive his holiday pay on the first full pay period
following the successful completion of the trial period. If the employee does not
complete the initial
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trial period for any reason no holiday pay is payable. This paragraph shall not
apply to employees who have completed their initial trial period with any employer
in contractual relations with the Union.
ARTICLE X
BEREAVEMENT PAY:
A. An employee who has been on the payroll of the Employer for six (6) months
or more shall be granted bereavement pay in the event of a death in his immediate
family.
B. The immediate family is defined as father, mother, sister, brother, spouse,
children, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandmother,
grandfather and grandchildren.
C. Bereavement pay shall be paid for the day before, the day of and the
day following the funeral when these days fall on days the employee would otherwise
have worked. In the event that the death occurs outside the United States and notice
thereof does not reach the employee until after the funeral, bereavement pay shall
be paid for the three (3) days following receipt of notice provided that such days
are days on which the employee would otherwise have worked.
D. For each day of bereavement leave, pay shall be calculated for Hampstead
Distribution Center employees scheduled to work forty (40) hours per week at the
rate of eight (8) times the employee's regular straight-time hourly incentive rate
if an incentive paid employee, or eight (8) times the employee's regular straight-time
hourly rate if paid on that basis. Distribution Center employees scheduled to work
less than eight (8) hours daily shall for each day of bereavement leave receive
their regular straight-time hourly
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incentive rate or regular straight-time hourly rate of pay, whichever is applicable,
times the daily hours they are regularly scheduled to work. Hampstead NTS employees
shall receive eight (8) times their regular straight- time hourly rate of pay for
each day of bereavement leave.
E. No bereavement pay will be granted unless the employee notifies the Employer
and requests leave. At its discretion, the Employer may require evidence of death
and kinship.
ARTICLE XI
EQUAL DIVISION OF WORK:
During any slack season or whenever there is insufficient work, the available
work shall be divided, insofar as is practicable, equally among all regular employees
of the Employer in order that continuity of employment may be maintained unless
the Employer and the Union shall mutually agree upon a lay-off and the conditions
applicable thereto.
It is understood that this clause has been mutually interpreted to provide
for seniority of the employee as the basis for layoff.
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ARTICLE XII
PAYMENT OF WAGES AND CHECKOFF:
A. The Employer agrees to pay its employees on a prescribed day in each
week.
B. The Employer shall deduct from the wages of its employees upon written
authorization of the employees, union dues, initiation fees and assessments. The
amounts deducted pursuant to such authorization shall be transmitted at intervals
to the properly designated official of the Union, together with a list of names
of the employees from whom the deductions were made on forms to be provided by the
Union. Sums deducted by the Employer as union dues, initiation fees or assessments
shall be kept separate and apart from general funds of the Employer and shall be
deemed trust funds. The above mentioned monies are to be paid to the Baltimore Regional
Joint Board, UNITE. immediately after it is collected at least once a month.
ARTICLE XIII
INSURANCE:
The Employer will continue the existing Amalgamated Cotton Garment and Allied
Industries Fund (social insurance) program and adopt any adjustments in premium
cost negotiated between the CMA and UNITE during their next negotiations that as
of their effective date or dates would fall due during the life of this collective
bargaining agreement.
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ARTICLE XIV
HEALTH AND WELFARE FUND:
The Employer agrees to contribute sums of money equal to two (2) percent of
its payroll to the Baltimore Regional Joint Board, UNITE, Union Health and Welfare
Fund, to be used to provide health and welfare benefits to the members. The terms
and provisions of Exhibit I attached hereto being specifically incorporated herein
by reference.
ARTICLE XV
MILITARY SERVICE:
In the event that an employee enlists or is conscripted into the Armed Forces
of the United States of America or is called into service as a member of the National
Guard or Army, Navy, Air Force or Marine Corps Reserves, he shall, upon discharge
from service be reinstated with all his rights and privileges enjoyed by him at
the time he entered service; provided, that he shall request reinstatement within
the period fixed by law and provided that the Employer shall have the right to discharge
any person whom it hired by reason of the entry into military service of the person
to be reinstated.
ARTICLE XVI
DISCHARGES AND DISCIPLINE:
A. No employee covered by this Agreement shall be discharged without just
cause. The Union shall present all complaints of discharge without just cause to
the Employer within seven (7) days after the discharge. If the complaint cannot
be adjusted by mutual consent, it shall be submitted to the Arbitrator hereinafter
designated in this
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Agreement for determination pursuant to the procedure provided. The Arbitrator
shall issue his decision and award within seven (7) days from the conclusion of
the hearing of the discharge in dispute. If the Arbitrator finds that the employee
was discharged without just cause, he shall order reinstatement and may require
the payment of back pay in such amount as, in his judgment, the circumstances warrant.
This paragraph shall not apply to an employee during his trial period.
B. In the manner and to the extent permitted by law, it shall not be a violation
of this Agreement nor grounds for discharge, discipline or permanent replacement
for employees covered by this Agreement to refuse voluntarily to cross a lawful
picket line.
ARTICLE XVII
GRIEVANCE AND ARBITRATION PROCEDURE:
A. Any complaint, grievance or dispute arising under, out of or relating
directly or indirectly to the provisions of this Agreement between the Union or
any employees and the Employer, or the interpretation or performance thereof, shall,
in the first instance be taken up for adjustment by a representative of the Union
and a representative of the Employer. Any and all matters in dispute, including
a dispute concerning the interpretation or application of the arbitration provision,
which have not been adjusted pursuant to the procedure therein provided shall be
referred for arbitration and final determination to the Arbitrator herein designated,
and his decision or award shall be final, conclusive and binding on all parties;
and the parties hereby
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stipulate and consent that the Arbitrator may make findings, decisions and awards
which may be enforced by appropriate judgment thereon to be entered in a Court of
Law or Equity.
Any grievance which is submitted to arbitration shall be heard by one of the
members of a panel of three arbitrators, who shall be Jerome H. Ross, Bernard Cushman
and Joseph M. Sharnoff. These arbitrators shall hear grievances on a rotating basis
in order set forth above, provided that if the arbitrator whose turn it is to hear
a grievance cannot meet the timetable set forth herein, the next available arbitrator
shall hear the case and the rotation shall continue from there. If none of the arbitrators
can hear the case within said timetable, then the arbitrator who can hear it first
will be utilized and the rotation will continue from there.
Hearings shall be held no later than fifteen calendar days after the arbitrator
has received his assignment at a place mutually agreeable to the Union and the Company.
The hearing shall be conducted by the arbitrator in whatever manner will most expeditiously
permit the full presentation of all evidence and arguments for both parties, provided,
however, that the parties shall have the right to file written briefs with the arbitrator
within seven calendar days following the closing of the hearing record.
The award of the arbitrator shall be rendered no later than ten calendar days
from the day the hearing concluded or the briefs are submitted unless an extension
of time is mutually agreed upon by the parties. A lengthy opinion shall not be requested
or required from the arbitrator. Rather, the arbitrator is instructed to issue an
award and a summary statement of no more than five pages which briefly sets forth
the basis for the
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award. The parties may request the arbitrator to notify them of his award by telephone
after the award has been mailed.
The decision of the arbitrator shall be limited to the matter presented to
him; he shall have no authority to amend, alter or change any provision of this
Agreement. The decision of the arbitrator shall be final and conclusive on the Company,
the Union and the employee(s) involved. The arbitrator's fees and expenses shall
be borne equally by the Union and the Company.
Except as expressly provided otherwise in the Agreement, with respect to any
dispute subject to arbitration or any claim, demand, or act arising under the Agreement
which is subject to arbitration, the procedure established in this Agreement for
the adjustment thereof shall be the exclusive means for its determination. No proceeding
or action in a court of law or equity or administrative tribunal shall be initiated
with respect thereto other than to compel arbitration or to enforce, modify, or
vacate an award. This paragraph shall constitute a complete defense to or ground
for a stay of an action instituted contrary hereto.
ARTICLE XVIII CIVIL RIGHTS
1. The Employer and the Union shall not discriminate nor perpetuate the
effect of past discrimination, if any, against any employee or applicants for employment
on account of race, color, religion, creed, sex, or national origin. This clause
shall be interpreted broadly to be co-extensive with all federal, state or local
anti-discrimination laws and where available, judicial interpretations thereof.
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2. Representatives of the Employer and the Union shall meet to review compliance
with this provision and to mutually agree upon such steps as are necessary to achieve
compliance. If, upon failure to so mutually agree, either party invokes the arbitration
procedure of the Agreement to resolve the dispute, the Arbitrator shall fashion
his award to grant any and all relief appropriate to effectuate this Article.
ARTICLE XIX
STRIKES, STOPPAGES AND LOCKOUTS
A. This Agreement provides for an orderly adjustment of differences. Strikes,
stoppages, and lockouts are therefore prohibited. If a strike, stoppage or lockout
shall occur then the parties agree that any remedy sought by either party arising
from such act shall be resolved through the medium of the arbitration machinery
and the aggrieved party shall have the right to demand an immediate hearing on twenty-four
(24) hours notice before the Arbitrator.
B. In the event either party fails to comply with the decision or award
of the Arbitrator within ten (10) days after service of a copy thereof, the other
party shall be free to call a strike, stoppage or lockout as the case may be, unless
the failure to comply is the result of a suit filed by either party in the U.S.
District Court for the District of Maryland within ten (10) days from the date of
receipt of the Award seeking to set aside or modify the award.
24
ARTICLE XX
LEAVE OF ABSENCE:
A. Leave of absence shall be granted an employee upon request if the employee
is ill or a member of his immediate family is seriously ill. Illness shall be certified
by a doctor's certificate. Leave on account of illness shall include leave of absence
in maternity cases. Leave of absence shall be for an initial period of not more
than one (1) month. In the event of a leave of absence for personal illness including
maternity, the leave of absence may be extended to an additional period of one (1)
month each up to a total of one (1) year unless the employee was employed for less
than six (6) months. In the event of a leave of absence because of serious illness
in the employee's immediate family, the initial leave and extension shall not extend
for more than three months unless mutually agreed otherwise. Such employee shall
upon return to work from such leave be reinstated to his previous job. In the case
where a job or operation has been abolished during employee's absence such provision
shall apply to re-employment as would have applied had such employee been at work
at the time the job or operation was abolished.
B. Leaves of absence shall be granted for justifiable personal reasons.
The Employer may limit the number of leaves for personal reasons granted at any
given time to avoid an unreasonable effect on the Employer's ability to operate.
Such leaves may be limited to an initial period of two (2) weeks with extensions
granted by mutual agreement.
C. An employee who becomes a paid officer of the Union shall be entitled
to a leave of absence for the term of his office.
25
B. FAMILY AND MEDICAL LEAVE PURSUANT TO THE FMLA ACT:
1. An employee who has been employed by the Employer for at least twelve
(12) months (and who has worked at least 1,250 hours during the twelve (12) months
immediately preceding the employee's request for leave under this paragraph) shall
be entitled to at least twelve (12) weeks of unpaid Family Leave, within any twelve
(12) month period, without loss of seniority rights for the following reasons:
a. For the birth or placement of a child for adoption or foster care;
or
b. To care for a spouse, child or parent with a serious health condition
as such terms are defined by the Family and Medical Leave Act of 1993 ("FMLA");
or
c. To take medical leave when the employee is unable to work because
of the employee's own serious health condition as defined in the FMLA.
2. An employee requesting Family Leave shall present satisfactory proof
of the reason for such leave.
3. Family Leave may be taken on an intermittent basis under 1b) and
c) above when there is a medical necessity for such intermittent leave as provided
in the FMLA.
4. Leave pursuant to FMLA shall be coordinated with any other leave
of absence provided for in this Agreement. They shall not be cumulated, and one
shall be offset against the other.
C. Child Care Facilities: The Employer and the Union shall establish a
local committee to study the availability of child care facilities.
26
ARTICLE XXI
MORE FAVORABLE PRACTICES:
Any custom or practice existing at the time of the execution of this Agreement
more favorable to the employees than the provisions hereof shall be continued as
heretofore. It is understood that this clause is to be mutually interpreted to provide
that prior contrary past practices do not prevail over subsequently negotiated contract
provisions.
ARTICLE XXII
JURY DUTY:
Hampstead Distribution Center employees scheduled to work forty (40) hours
per week and Hampstead NTS employees called for involuntary trial jury duty will
be paid each day for the period of such jury duty the difference, if any, between
the pay received for such jury duty and their regular straight-time hourly rate
or straight-time hourly incentive rate, whichever is applicable, for up to eight
(8) hours. Hampstead Distribution Center employees called to such jury duty who
are scheduled to work less than eight (8) hours daily shall receive for each day
of jury duty the difference, if any, between the pay received for such jury service
and their straight-time hourly rate or straight- time hourly incentive rate for
the daily hours they are regularly scheduled to work. The employee shall present
a receipt for the amount of jury duty pay received. An employee who receives a notice
to serve as a juror must notify the Employer not later than the next work day. If
the Employer deems it necessary to have the employee excused from jury duty, the
Union and the employee agree to cooperate in seeking to have the employee excused.
27
ARTICLE XXIII
TECHNOLOGICAL CHANGE:
The parties hereto anticipate the possibility of technological change in the
equipment of the Employer's Hampstead Distribution Center and Hampstead NTS designed
to improve productivity and efficiency.
The Employer and the Union recognize that such change should not reduce the
wages of the workers affected thereby or result in workers losing employment provided
they are capable of being trained within a reasonable period of time to operate
the new or modified equipment involved.
In the interests of improving productivity and efficiency and at the same
time protecting the earning opportunity and job security of the employee affected
by technological change the parties hereto are agreed that:
1. The Employer shall give prior notice to the Union of such change.
2. Rates for newly introduced or changed equipment shall be established
by mutual agreement.
3. Reasonable training periods for the new or modified equipment shall
be established by mutual agreement.
4. During any required training period, employees employed on the new
or modified equipment shall be paid on the basis of wages earned plus the difference,
if any, between the expected earnings under the newly established rates and their
prior earnings.
5. Where the new or changed equipment eliminates the need for an employee
or employees or an employee employed on the new or modified equipment is
28
unable after the agreed upon training period to perform the new or changed job
satisfactorily, the employee or employees so affected shall not be terminated.
Instead, if a job or job is available on a substantially equivalent operation
with the opportunity for substantially equivalent earnings, the employee or employees
may be transferred to such job or jobs. When so transferred, employees will receive
a period of re-training equal to the normal training period for similarly experienced
workers during which they will receive their former average hourly earnings.
If there are no jobs available on a substantially equivalent operation with
the opportunity for substantially equivalent earnings to which the affected employee
or employees may transfer, they shall have the option to (a) accept any other available
job and receive the normal training period on such job during which they will receive
their former average hourly earnings or (b) they can leave the employee of the Employer
voluntarily and receive severance pay in an amount mutually agreed to by the Employer
and the Union.
A displaced employee who at first elects to take an available job which does
not provide substantially equivalent earning opportunity, at the completion of the
normal training period may at that time elect to accept severance pay and voluntarily
leave the employ of the Employer. In that event the employee's severance pay shall
be reduced by any makeup pay paid the employee during his normal training period.
In the event an employee elects to accept severance pay, he shall retain for
one year his seniority and recall rights to his former job if such an opening becomes
available.
ARTICLE XXIV
SEPARABILITY:
29
Should any part or provision of this Agreement be rendered or declared illegal
by reasons of any existing or subsequently enacted legislation or by any decree
of a court of competent jurisdiction or by the decision of any authorized government
agency such invalidation of such part or provision shall not invalidate the remainder
thereof. In such event, the parties agree to negotiate substitute provisions.
ARTICLE XXV
VOLUNTARY CHECKOFF FOR POLITICAL CONTRIBUTIONS:
In the event that voluntary authorization to deduct voluntary political contributions
weekly from an individual member's pay is signed, the Employer agrees to deduct
the said amount and remit the said sum to the Baltimore Regional Joint Board Political
Education Committee. The Union shall reimburse the Employer for any expense incurred
due to this provision.
ARTICLE XXVI
SAFETY AND HEALTH STUDY COMMITTEE:
A Safety and Health Study Committee composed of an equal number of Management
members and Union members from the bargaining unit shall be established. It will
meet regularly at dates, times, and place to be determined by management after consultation
with the Union. The employees shall be paid their established hourly straight-time
rate of pay by the Employer while attending such meetings.
ARTICLE XXVII
FEDERAL FUNDS:
30
The Union shall cooperate with the Employer to facilitate the availability
of federal funds for training programs.
ARTICLE XXVIII
SUB PROGRAM:
Should the employees agree to purchase additional insurance coverage provided
by the Amalgamated Life Insurance Company, the Employer shall check off the employees'
cost of the program, upon presentation of proper authorization, and pay the same
over to the Amalgamated Life Insurance Company as required by the contract between
the employees and the Amalgamated Life Insurance Company.
ARTICLE XXIX
ORGANIZATIONAL HIRING:
The Employer agrees that it will hire employees who have been discharged from
other employers during an organizing campaign conducted by the Union. The Employer
is not required by this Section to hire an employee who is not qualified to perform
the job that is being applied for. The Employer is not required to employ such
applicants if it does not have jobs available. Any employee hired under this Section
is subject to the Employer's regular probationary period for new employees.
The Employer is not required to unlawfully give preference to employees applying
under this section.
The Union will hold the Employer harmless for any liability, included but
not limited to attorney's fees imposed by enforcement of this clause.
31
ARTICLE XXX
PERSONAL DAYS OFF WITHOUT PAY
In the administration of the Employer's Absence and Lateness Policy, the parties
are agreed that:
1) Commencing March 1, 2000, employees who have a perfect attendance
record for six (6) consecutive months under the criteria set forth in
the Attendance and Lateness Policy will be entitled to one (1)
personal day off without pay to be taken within the next consecutive
six (6) months.
Example: Those employees who have perfect attendance records measured
-------
by the six (6) consecutive months ending August 31, 2000 will
thereafter be entitled to one (1) personal day off without pay to be
taken within the next consecutive six (6) months, without that time
off being counted as an occurrence.
2) Personal days off shall be scheduled by mutual agreement between the
employee so entitled and his/her immediate supervisor. The Employer's
agreement shall not be unreasonably withheld.
3) The Employer shall have the right to limit the number of employees who
chose to take the same day as a personal day off when granting such
requests would interfere with production needs. In the event that
only a certain number of employees may be permitted to take the same
personal day off, the choice shall be decided by seniority.
32
4) Personal days off may not be cumulated and no more than two (2)
personal days off may be taken in any one contract year.
ARTICLE XXXI
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties hereto and thereafter upon
any successor, purchaser, transferee, lessee or assignee of the Employer's Hampstead
Distribution Center and/or Hampstead National Tailoring Service. The Employer shall
give notice in writing of the existence of this Agreement to any successor, purchaser,
transferee, lessee or assignee with a copy to the Union no later than the effective
date of such purchase, sale, transfer, lessee or assignment.
ARTICLE XXXII
TERM OF AGREEMENT:
This Agreement shall be effective upon the date hereof and shall remain in
full force and effect until midnight February 28, 2003. It shall be automatically
renewed from year to year thereafter unless on or before December 31, 2003, or December
31, of any year thereafter, notice in writing by certified mail is given by either
the Employer or the Union to the other of its desire to propose changes in this
Agreement or of intention to terminate the same, in either of which events this
Agreement shall terminate upon the ensuing February 28 (or 29 in a Leap Year).
IN WITNESS WHEREOF, the parties hereto have caused their signatures to be
affixed effective the day and year hereinabove first written.
JOSEPH A BANK MFG. CO.
33
_____________________________
BALTIMORE REGIONAL JOINT BOARD,
UNITE
_____________________________
Co-Manager
_____________________________
Co-Manager
34
AGREEMENT dated March 1, 2000 by and between
Joseph A. Bank Mfg. Co., Inc. (Hampstead Distribution
Center & Hampstead National Tailoring Service)
and
Baltimore Regional Joint Board, UNITE
TABLE OF CONTENTS
Page
ARTICLE I -- Coverage..........................................
1
ARTICLE II -- Union Recognition................................ 1
ARTICLE III -- Union Security.................................. 2
ARTICLE IV -- Wages............................................ 3
ARTICLE V -- Reporting Pay..................................... 4
ARTICLE VI -- Hours of Work.................................... 4
ARTICLE VII - Equipment Breakdown Time and Working Time........ 6
ARTICLE VIII -- Vacations...................................... 6
ARTICLE IX -- Holidays......................................... 15
ARTICLE X -- Bereavement Pay................................... 17
ARTICLE XI -- Equal Division of Work........................... 18
ARTICLE XII -- Payment of Wages and Checkoff................... 19
ARTICLE XIII -- Insurance...................................... 19
ARTICLE XIV -- Health and Welfare Fund......................... 20
ARTICLE XV -- Military Service................................. 20
ARTICLE XVI -- Discharges and Discipline....................... 20
ARTICLE XVII -- Grievance and Arbitration Procedure............ 21
ARTICLE XVIII -- Civil Rights.................................. 23
ARTICLE XIX -- Strikes, Stoppages and Lockouts................. 24
ARTICLE XX -- Leave of Absence................................. 25
ARTICLE XXI --
More Favorable Practices........................ 27
ARTICLE XXII -- Jury Duty...................................... 27
ARTICLE XXIII - Technological Change........................... 28
ARTICLE XXIV -- Separability................................... 30
ARTICLE XXV -- Voluntary Checkoff for Political Contributions.. 30
ARTICLE XXVI -- Safety and Health Study Committee.............. 31
ARTICLE XXVII - Federal Funds.................................. 31
ARTICLE XXVIII - Sub Program................................... 31
ARTICLE XXIX - Organizational Hiring........................... 32
ARTICLE XXX - Personal Days Off Without Pay.................... 32
ARTICLE XXXI - Successors and Assigns.......................... 33
ARTICLE XXXII - Term of Agreement.............................. 34
EXHIBIT I
SUPPLEMENTAL AGREEMENT dated as of March 1, 2000 by and between JOSEPH A.
BANK MFG., CO. (hereinafter called the "Employer") and the BALTIMORE REGIONAL JOINT
BOARD, UNITE (hereinafter called the "Union").
WITNESSETH:
The Employer and the Union have executed a Collective Bargaining Agreement
wherein the Employer agreed to contribute 2% of its gross payroll to a fund to be
used to provide medical benefits to employees, subject to such conditions as the
Trustees may determine with reference to length of service in the clothing industry
and length of payment by the Employer of contributions to the Fund. The Trustees
shall have the right at any time and from time to time modify, change, amend or
terminate to any extent any or all of the terms or provisions of such plan and to
make rules and regulations to carry out the provisions hereof.
This SUPPLEMENTAL AGREEMENT, EXHIBIT I, is hereby made a part of the Collective
Bargaining Agreement and shall run concurrent to the date of its expiration.
JOSEPH A. BANK MFG. CO.
/s/: Robert B. Hensley
------------------------------
BALTIMORE REGIONAL JOINT BOARD
UNITE
/s/: Joan Davis
------------------------------
Joan Davis, Co-Manager
/s/: Carmine D'Alessandro
-------------------------------
Carmine D'Alessandro, Co-Manager