Amendment to Current Report — Form 8-K
Filing Table of Contents
Document/Exhibit Description Pages Size
1: 8-K/A Amendment to Current Report 23 120K
2: EX-1 Underwriting Agreement 1 8K
3: EX-2 Plan of Acquisition, Reorganization, Arrangement, 23 58K
Liquidation or Succession
4: EX-3 Articles of Incorporation/Organization or By-Laws 26 89K
5: EX-4 Instrument Defining the Rights of Security Holders 32 108K
6: EX-5 Opinion re: Legality 23 82K
7: EX-6 Opinion re: Discount on Capital Shares 30 65K
8: EX-7 Opinion re: Liquidation Preference 24 71K
9: EX-8 Opinion re: Tax Matters 22 75K
10: EX-9 Voting Trust Agreement 21 80K
11: EX-10 Material Contract 23 70K
12: EX-11 Statement re: Computation of Earnings Per Share 31 92K
13: EX-12 Statement re: Computation of Ratios 35 117K
EX-9 — Voting Trust Agreement
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EXHIBIT 9
AGREEMENT
ADAM WHOLESALERS, INC.
INDEX OF ARTICLES
1996-1999
PAGE
ARTICLE I RECOGNITION 1 & 2
ARTICLE II REPRESENTATION 2
ARTICLE III HOURS OF WORK 2 - 4
ARTICLE IV VACATIONS 4 & 5
ARTICLE V SENIORITY 5 & 6
ARTICLE VI GRIEVANCE PROCEDURE 7 & 8
ARTICLE VII HEALTH AND WELFARE 8
ARTICLE VIII JOB STEWARDS 8
ARTICLE IX PICKETING CLAUSE AND
NO STRIKE CLAUSE 9
ARTICLE X MISCELLANEOUS PROVISIONS 9 - 11
ARTICLE XI JOB LABOR STANDARDS AND JOB SECURITY 11
ARTICLE XII UNAUTHORIZED UNION ACTIVITY 11 & 12
ARTICLE XIII WAGES 12 & 13
ARTICLE XIV PENSION 13 & 14
ARTICLE XV SAVINGS CLAUSE 14
ARTICLE XVI D.R.I.V.E. DEDUCTIONS AND CHECKOFF 14
ARTICLE XVII FUNERAL LEAVE 15
ARTICLE XVIII MANAGEMENT RIGHTS 15
ARTICLE XIX TERMINATION 15 - 17
AGREEMENT
ADAM WHOLESALERS, INC.
1996-1999
THIS AGREEMENT, DATED THE 1ST DAY OF MAY, 1996, BY AND BETWEEN ADAM
WHOLESALERS, INC., OR ITS SUCCESSORS, LOCATED IN ST. LOUIS, MISSOURI,
HEREINAFTER CALLED THE "COMPANY", PARTY OF THE FIRST PART, AND THE CONSTRUCTION,
BUILDING MATERIAL, ICE AND COAL, LAUNDRY AND DRY CLEANING, MEAT AND FOOD
PRODUCTS DRIVERS, HELPERS, WAREHOUSEMEN, YARDMEN, SALESMEN AND ALLIED WORKERS,
LOCAL UNION NO. 682, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
OR ITS SUCCESSORS, PARTY OF THE SECOND PART, HEREINAFTER REFERRED TO AS THE
"UNION", FOR THE PURPOSE OF ESTABLISHING RATES OF PAY, WAGES, HOURS OF WORK, AND
CONDITIONS OF EMPLOYMENT TO BE OBSERVED BETWEEN THE PARTIES HERETO.
ARTICLE I - RECOGNITION
SECTION 1. THE COMPANY AGREES TO RECOGNIZE, AND DOES HEREBY
RECOGNIZE, THE UNION, ITS AGENTS, REPRESENTATIVES OR SUCCESSORS, AS THE
EXCLUSIVE BARGAINING AGENCY FOR ALL OF THE EMPLOYEES OF THE COMPANY AS HEREIN
DEFINED.
SECTION 2. THE TERM "EMPLOYEE" AS USED IN THIS AGREEMENT SHALL
INCLUDE ALL TRUCK DRIVERS AND TRUCK LOADERS AND WAREHOUSE LABORERS.
SECTION 3. THE EMPLOYER WILL NEITHER NEGOTIATE NOR MAKE COLLECTIVE
BARGAINING AGREEMENTS FOR ANY OF ITS EMPLOYEES IN THE BARGAINING UNIT COVERED
HEREBY UNLESS IT BE THROUGH DULY AUTHORIZED REPRESENTATIVES OF THE UNION.
SECTION 4. THE COMPANY AGREES THAT IT WILL NOT SPONSOR OR PROMOTE,
FINANCIALLY OR OTHERWISE, ANY GROUP OR LABOR ORGANIZATION FOR THE PURPOSE OF
UNDERMINING THE UNION, NOR WILL IT INTERFERE WITH, RESTRAIN, COERCE, OR
DISCRIMINATE AGAINST ANY OF ITS EMPLOYEES IN CONNECTION WITH THEIR MEMBERSHIP IN
THE UNION.
SECTION 5. IT IS UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES
HERETO THAT AS A CONDITION OF CONTINUED EMPLOYMENT ALL PERSONS WHO ARE HEREAFTER
EMPLOYED BY THE EMPLOYER IN THE UNIT WHICH IS THE SUBJECT OF THIS AGREEMENT
SHALL BECOME MEMBERS OF THE UNION NOT LATER THAN THE THIRTY-FIRST (31ST) DAY
FOLLOWING THE BEGINNING OF THEIR EMPLOYMENT OR THE EXECUTION DATE OF THIS
AGREEMENT, WHICHEVER IS THE LATER; THAT THE CONTINUED EMPLOYMENT BY THE EMPLOYER
IN SAID UNIT OF PERSONS WHO ARE ALREADY MEMBERS IN GOOD STANDING OF THE UNION
SHALL BE CONDITIONED UPON THOSE PERSONS CONTINUING THEIR PAYMENT OF THE PERIODIC
DUES OF THE UNION; AND THAT THE CONTINUED EMPLOYMENT OF PERSONS WHO WERE
1
IN THE EMPLOY OF THE EMPLOYER PRIOR TO THE DATE OF THIS AGREEMENT AND WHO ARE
NOT NOW MEMBERS OF THE UNION SHALL BE CONDITIONED UPON THOSE PERSONS BECOMING
MEMBERS OF THE UNION NOT LATER THAN THE THIRTY-FIRST (31ST) DAY FOLLOWING THE
EXECUTION DATE OF THIS AGREEMENT.
THE FAILURE OF ANY PERSON TO BECOME A MEMBER OF THE UNION AT SUCH
REQUIRED TIME SHALL OBLIGATE THE EMPLOYER, UPON WRITTEN NOTICE FROM THE UNION TO
SUCH EFFECT AND TO THE FURTHER EFFECT THAT UNION MEMBERSHIP WAS AVAILABLE TO
SUCH PERSON ON THE SAME TERMS AND CONDITIONS GENERALLY AVAILABLE TO OTHER
MEMBERS, TO FORTHWITH DISCHARGE SUCH PERSON. FURTHER, THE FAILURE OF ANY PERSON
TO MAINTAIN HIS UNION MEMBERSHIP IN GOOD STANDING AS REQUIRED HEREIN SHALL, UPON
WRITTEN NOTICE TO THE EMPLOYER BY THE UNION, TO SUCH EFFECT, OBLIGATE THE
EMPLOYER TO DISCHARGE SUCH PERSON.
ALL BARGAINING UNIT EMPLOYEES WILL BE PUT TO WORK BEFORE ANY LEASED
WORKERS OR OTHER CONTRACT PEOPLE OR OTHER TEMPORARY WORKERS ARE ENGAGED FOR
WORK, PROVIDED, SAID EMPLOYEES ARE QUALIFIED TO PERFORM THE AVAILABLE WORK.
ARTICLE II - REPRESENTATION
THE UNION SHALL BE REPRESENTED BY A SHOP STEWARD TO BE SELECTED IN
ANY MANNER DETERMINED BY THE UNION. IT SHALL BE HIS DUTY TO SEE THAT THE TERMS
AND CONDITIONS OF THIS CONTRACT ARE LIVED UP TO BY BOTH EMPLOYER AND HIS
EMPLOYEES. HE SHALL NOT HAVE AUTHORITY TO CALL ANY STRIKES OR WORK STOPPAGES. IN
THE EVENT OF A LAYOFF, HE SHALL BE THE LAST MAN LAID OFF IN THE BARGAINING UNIT.
ARTICLE III - HOURS OF WORK
SECTION 1. THE COMPANY AGREES EXCEPT FOR THE SECOND AND THIRD
SHIFTS, THAT THE WORKING TIME FOR DRIVERS SHALL START BETWEEN THE HOURS OF 6:00
A.M. AND NOT LATER THAN 8:00 A.M., AND THE STARTING TIME FOR OUT OF TOWN RUNS
SHALL BE BETWEEN THE HOURS OF 5:00 A.M. AND NOT LATER THAN 8:00 A.M., AND THE
STARTING TIME FOR WAREHOUSEMEN SHALL START BETWEEN THE HOURS OF 6:00 A.M. AND
NOT LATER THAN 8:00 A.M. ON EVERY DAY INCLUDING SATURDAYS, SUNDAYS AND HOLIDAYS.
ANY TIME WORKED PRIOR TO THE EARLIEST STARTING TIME SHALL BE PAID AT THE
OVERTIME RATE OF PAY. NOT LESS THAN ONE-HALF (1/2) HOUR AND NOT TO EXCEED ONE
(1) HOUR SHALL BE ALLOWED FOR LUNCH DURING THE DAY.
EIGHT (8) HOURS OF WORK SHALL BE GUARANTEED TO ALL TRUCK DRIVERS AND
HELPERS STARTING TO WORK ON ANY DAY MONDAY THROUGH FRIDAY ALSO INCLUDING SUNDAYS
AND HOLIDAYS, ON SATURDAYS ONLY FIVE (5) HOURS OF WORK SHALL BE GUARANTEED,
EXCEPT IN THE CASE OF TARDINESS OR LEAVING OF HIS OWN ACCORD, IN WHICH CASE HE
WILL BE PAID FOR ACTUAL TIME WORKED.
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SECTION 2. IT IS AGREED THAT THE STANDARD HOURS OF WORK SHALL BE
EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK, AND THAT THE WORK WEEK
SHALL START ON MONDAY AND END ON FRIDAY. ALL WORK IN EXCESS OF EIGHT (8) HOURS
PER DAY AND FORTY (40) HOURS PER WEEK SHALL BE CONSIDERED AS OVERTIME AND
EMPLOYEES SHALL BE PAID AT THE RATE OF TIME AND ONE-HALF (1 1/2) FOR WORKING
SUCH OVERTIME PERIODS. ALL HOURS IN EXCESS OF FIFTY-SIX (56) HOURS PER WEEK
SHALL BE PAID AT THE RATE OF DOUBLE TIME.
TIME AND ONE-HALF SHALL BE PAID FOR ALL WORK PERFORMED ON SATURDAYS
EXCEPT IN THE CASE WHERE MORE THAN FIFTY-SIX (56) HOURS HAVE BEEN WORKED, IN
WHICH CASE SHALL BE PAID AT THE RATE OF DOUBLE TIME. OVERTIME SHALL NOT BE PAID
TWICE FOR THE SAME HOURS. ALL EMPLOYEES SHALL BE PAID ON FRIDAY OF EACH WEEK,
`UNLESS OTHERWISE MUTUALLY AGREED TO BETWEEN EMPLOYEES AND EMPLOYER.
SECTION 3. EMPLOYEES WHO SHALL REPORT FOR WORK NOT HAVING BEEN
NOTIFIED ON THE PRECEDING DAY OR PRIOR THERETO NOT TO REPORT, SHALL RECEIVE AT
LEAST EIGHT (8) HOURS WORK OR PAY THEREFOR AT THE REGULAR HOURLY RATE.
IT IS UNDERSTOOD THAT THE EIGHT (B) HOUR GUARANTEE IN SECTION 1
ABOVE AND IN THIS SECTION REQUIRE THE EMPLOYEE TO WORK EIGHT (8) HOURS IF
OFFERED WORK BY THE EMPLOYER; THIS INCLUDES DRIVERS WHO WILL BE REQUIRED TO WORK
IN THE WAREHOUSE TO FILL OUT THEIR EIGHT (8) HOUR DAY IF REQUESTED BY THE
COMPANY.
SECTION 4. ALL WORK PERFORMED ON SUNDAY SHALL BE PAID FOR AT DOUBLE
TIME. ALL WORK PERFORMED ON HOLIDAYS, HEREINAFTER NOTED, SHALL BE PAID FOR AT
TRIPLE TIME.
ALL EMPLOYEES AFTER SIXTY (60) WORKING DAYS OF CONTINUOUS EMPLOYMENT
SHALL RECEIVE EIGHT (8) HOURS PAY AT THEIR REGULAR HOURLY RATE FOR THE FOLLOWING
HOLIDAYS WITHOUT WORKING ON SUCH DAYS:
NEW YEAR'S DAY PERSONAL HOLIDAY
MEMORIAL DAY THANKSGIVING DAY
FOURTH OF JULY DAY AFTER THANKSGIVING
LABOR DAY CHRISTMAS DAY
TO BE ELIGIBLE FOR THE ABOVE HOLIDAY PAY, AN EMPLOYEE MUST HAVE
WORKED ON THE SCHEDULED WORKING DAY BEFORE AND THE SCHEDULED WORKING DAY AFTER
THE HOLIDAY, UNLESS EXCUSED BY THE COMPANY.
ANY EMPLOYEE AFTER SIXTY (60) DAYS OF CONTINUOUS EMPLOYMENT WHO IS
LAID OFF THROUGH NO FAULT OF HIS OWN, WITHIN FIVE (5) WORKING DAYS BEFORE A
DESIGNATED HOLIDAY, SHALL BE PAID FOR SUCH HOLIDAY.
THE PERSONAL HOLIDAY IS TO BE TAKEN DURING THE PERIOD BETWEEN LABOR
DAY AND MAY 1 EACH YEAR, UNLESS OTHERWISE MUTUALLY AGREED TO BY THE COMPANY AND
EMPLOYEE. IN ADDITION, THE DAY TAKEN BETWEEN LABOR DAY
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AND MAY 1 SHALL ALSO BE BY MUTUAL AGREEMENT OF THE EMPLOYER AND EMPLOYEE. THE
DAY SELECTED SHALL ALSO BE BY SENIORITY IF THERE IS A CONFLICT BETWEEN EMPLOYEES
AND THE DAY IS TO BE SELECTED AT THE TIME OF VACATION SELECTION. FINALLY, ONLY
ONE EMPLOYEE IS TO BE OFF ON THE PERSONAL HOLIDAY AT ANY ONE TIME, EXCEPT IF
OTHERWISE MUTUALLY AGREED BY THE EMPLOYER AND EMPLOYEE.
ON ELECTION DAYS IN WHICH NATIONAL, CITY, STATE OR COUNTY OFFICIALS
ARE TO BE NOMINATED OR ELECTED, EMPLOYEES SHALL BE GIVEN TIME OFF WITH PAY FOR
HOURS OF WORK MISSED, SO THAT THEY MAY HAVE A PERIOD OF THREE (3) CONTINUOUS
HOURS IN WHICH TO VOTE, BETWEEN THE TIME OF OPENING AND CLOSING THE POLLS,
PROVIDED SUCH TIME IS REQUESTED A DAY BEFORE AND THAT THE EMPLOYEES ARE
REGISTERED AND ELIGIBLE VOTERS, AND PROVIDED FURTHER, THAT THE COMPANY MAY
SPECIFY THE HOURS DURING WHICH SUCH EMPLOYEE MAY ABSENT HIMSELF.
SECTION 5. ANY PART OF ONE-FOURTH (1/4) HOUR WORKED BY AN EMPLOYEE
BEFORE HIS REGULAR STARTING TIME, OR AFTER HIS REGULAR QUITTING TIME, AT THE
DIRECTION OF THE SUPERVISOR, SHALL CONSTITUTE A FULL ONE-FOURTH (1/4) HOUR AND
SHALL BE PAID FOR AT THE RATE OF TIME AND ONE-HALF (l 1/2). ALL OVERTIME SHALL
BE VOLUNTARY ON THE PART OF THE WAREHOUSE EMPLOYEES, EXCEPT THAT WAREHOUSE
EMPLOYEES AGREE TO WORK OVERTIME WHEN REQUESTED BY THE COMPANY TO LOAD TRUCKS
FOR THE NEXT DAY'S DELIVERY.
WHEN OVERTIME WORK IS NECESSARY FOR DRIVERS, SUCH OVERTIME WILL BE
DISTRIBUTED AS EQUALLY AS PRACTICABLE AND BY ROTATION AMONG EMPLOYEES WITHIN THE
CLASSIFICATION IN ACCORDANCE WITH SENIORITY WITHIN THE CLASSIFICATION AS IN THE
PAST. HOWEVER, WHEN A DRIVER IS OUT ON HIS RUN, SAID DRIVER IS TO COMPLETE HIS
RUN EVEN IF IT EXTENDS INTO OVERTIME. WHEN OVERTIME WORK IS NECESSARY IN THE
WAREHOUSE, SUCH OVERTIME WILL BE ROTATED AS IN THE PAST AMONG THE WAREHOUSE
EMPLOYEES.
WHEN THE COMPANY REQUIRES OVERTIME IN THE WAREHOUSE, IT WILL FIRST
BE OFFERED TO QUALIFIED VOLUNTEERS STARTING WITH THE MOST SENIOR AMONG THE
WAREHOUSE EMPLOYEES. IF THERE ARE NOT SUFFICIENT QUALIFIED VOLUNTEERS, THEN THE
MOST JUNIOR QUALIFIED WAREHOUSEMEN WILL BE REQUIRED TO WORK STARTING WITH THE
LEAST SENIOR AND GOING UP THE SENIORITY LIST UNTIL THE REQUIRED COMPLEMENT IS
FILLED.
SECTION 6. ALL OVER-THE-ROAD DRIVERS SHALL BE ADVANCED $75.00. THE
DRIVERS SHALL BE RESPONSIBLE FOR THE MONEY AND RECEIPTS. A REASONABLE AMOUNT FOR
LODGING, DINNER AND BREAKFAST WILL BE PAID FOR DRIVERS WHO REMAIN OUT OVER NIGHT
AS IN THE PAST. TO BE PAID FOR MEALS UNDER THIS ARTICLE, PROPER RECEIPTS ARE TO
BE FURNISHED THE COMPANY NO LATER THAN THE FOLLOWING DAY.
ARTICLE IV - VACATIONS
SECTION 1. THE EMPLOYER AGREES THAT IT WILL ATTEMPT TO ACCOMODATE
THE PREFERENCE OF THE EMPLOYEE AS FAR AS IS POSSIBLE, WHEN SCHEDULING VACATIONS
AND THE EMPLOYER MUST GIVE AT LEAST THIRTY (30)
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DAYS NOTICE TO THE EMPLOYEE IF HE WANTS HIM TO TAKE HIS VACATION AT A SPECIAL
TIME AND THE EMPLOYEE SHALL DO LIKEWISE TO THE EMPLOYER. THE ABOVE PROVISIONS
ARE SUBJECT TO THE FOLLOWING: IF AN EMPLOYEE IS ENTITLED TO ONE (1) WEEK OF
VACATION, IT CAN BE SCHEDULED BETWEEN LABOR DAY AND APRIL 30, UNLESS OTHERWISE
MUTUALLY AGREEABLE BETWEEN THE EMPLOYER AND EMPLOYEE. IF AN EMPLOYEE IS ENTITLED
TO TWO (2) WEEKS VACATION, ONE (1) WEEK CAN BE SCHEDULED BETWEEN MAY 1 AND LABOR
DAY. IF AN EMPLOYEE IS ENTITLED TO THREE (3) WEEKS VACATION, TWO (2) WEEKS OF IT
CAN BE SCHEDULED BETWEEN MAY 1 AND LABOR DAY. IF AN EMPLOYEE IS ENTITLED TO FOUR
(4) WEEKS VACATION, THREE (3) WEEKS OF IT CAN BE SCHEDULED BETWEEN MAY 1 AND
LABOR DAY.
SECTION 2. EMPLOYEES HAVING ONE (1) YEAR'S SENIORITY SHALL RECEIVE
ONE (1) WEEK'S VACATION WITH PAY. EMPLOYEES HAVING THREE (3) YEARS' SENIORITY
SHALL RECEIVE TWO (2) WEEKS' VACATION WITH PAY. EMPLOYEES HAVING TEN (10) YEARS'
SENIORITY SHALL RECEIVE THREE (3) WEEKS' VACATION WITH PAY. EMPLOYEES HAVING
SEVENTEEN (17) YEARS' SENIORITY SHALL RECEIVE FOUR (4) WEEKS' VACATION WITH PAY.
SECTION 3. VACATION PAY SHALL BE FIGURED AT THE EMPLOYEE'S REGULAR
STRAIGHT TIME HOURLY RATE EARNED BY SUCH EMPLOYEE PRIOR TO STARTING HIS
VACATION, AND SHALL BE COMPUTED AT FORTY (40) HOURS. VACATION PAY SHALL BE PAID
ON THE DAY PRIOR TO VACATION.
SECTION 4. IT IS ALSO AGREED THAT WHENEVER A HOLIDAY FALLS WITHIN AN
EMPLOYEE'S VACATION PERIOD, SUCH EMPLOYEE SHALL BE GRANTED AN ADDITIONAL DAY OF
VACATION.
SECTION 5. ANY EMPLOYEE AFTER ONE (1) YEAR'S SENIORITY LEAVING THE
SERVICE OF THE COMPANY SHALL RECEIVE ALL ACCUMULATED VACATION BENEFITS. ALL
BENEFITS TO BE COMPUTED ON FULL CALENDAR MONTHS.
SECTION 6. ALL EMPLOYEES SHALL RECEIVE AND TAKE TIME OFF FROM WORK
IN ACCORDANCE WITH THEIR VACATION SCHEDULE, UNDER PENALTY OF LOSING VACATION
TIME AND WAGES THEREOF.
SECTION 7. NO MORE THAN ONE BARGAINING UNIT EMPLOYEE CAN BE ON
VACATION AT ANY ONE TIME EXCEPT IF THE COMPANY ALSO AGREES TO ALLOW ANOTHER
EMPLOYEE OFF FOR VACATION AT THE SAME TIME.
SECTION 8. ALL EMPLOYEES, IN 6RDER TO BE ELIGIBLE FOR EITHER A ONE
(1) WEEK, TWO (2) WEEK, THREE (3) WEEK, OR FOUR (4) WEEK VACATION, MUST HAVE
BEEN EMPLOYED FOR A MINIMUM OF FIFTEEN HUNDRED (1500) HOURS IN THE TWELVE (12)
MONTH PERIOD PRECEDING THEIR ANNIVERSARY DATE, EXCEPT FOR ON-THE-JOB ACCIDENT.
IF NOT, THEY WILL RECEIVE A VACATION PERIOD AND VACATION PAY ON A PRO-RATED
BASIS.
ARTICLE V - SENIORITY
SECTION 1. IN ALL CASES OF DECREASING AND INCREASING THE WORKING
FORCES OR FOR PROMOTIONS, THE ONLY FACTOR TO BE CONSIDERED WILL
5
BE THE LENGTH OF CONTINUOUS SERVICE WITH THE COMPANY AS LONG AS THE EMPLOYEE(S)
ARE QUALIFIED TO PERFORM THE AVAILABLE WORK.
SECTION 2. IT IS UNDERSTOOD THAT SENIORITY SHALL BE PLANT-WIDE
WITHIN THE BARGAINING UNIT.
SECTION 3. THE LIST OF EMPLOYEES RATED ACCORDING TO SENIORITY IS
ATTACHED HERETO AND MADE A PART OF THIS AGREEMENT. THE COMPANY WILL SUPPLY THE
UNION OFFICE WITH A LIST OF ALL ADDITIONS OR DEDUCTIONS FROM THE SENIORITY LIST.
SECTION 4. BEGINNERS SHALL OBTAIN SENIORITY AFTER COMPLETING A
NINETY (90) DAYS OF WORK PROBATIONARY PERIOD. IN CASE OF LAYOFFS, THE COMPANY
SHALL LAY OFF SUCH BEGINNERS BEFORE PUTTING INTO EFFECT THE SENIORITY POLICY, AS
STATED ABOVE. BEGINNERS, AFTER HAVING FULFILLED NINETY (90) DAYS' WORK OF WORK,
SHALL DATE THEIR SENIORITY FROM THE DATE THEY WERE FIRST EMPLOYED. ANYTHING TO
THE CONTRARY IN THIS AGREEMENT NOTWITHSTANDING, NO PROBATIONARY EMPLOYEE WILL BE
ENTITLED TO FRINGE BENEFITS OR FRINGE BENEFIT .PAYMENTS MADE ON THEIR BEHALF
UNDER THIS CONTRACT DURING THE PROBATIONARY PERIOD EXCEPT AS OTHERWISE PROVIDED
IN ARTICLE XIV (PENSION) AND THE COMPANY SHALL HAVE THE RIGHT TO DISCHARGE SUCH
EMPLOYEE AT ITS DISCRETION AND WITHOUT RECOURSE BY THE UNION, EMPLOYEE OR
EMPLOYEES.
SECTION 5. AN EMPLOYEE SHALL BE CONTINUED ON THE SENIORITY LIST OF
THE COMPANY FOR A PERIOD OF TWELVE (12) MONTHS FROM THE DATE OF HIS LAYOFF,
PROVIDED, HOWEVER, THAT IN CASES OF PROVEN SICKNESS OR ACCIDENT HE SHALL BE
CONTINUED ON THE SENIORITY LIST FOR A PERIOD OF TWELVE (12) MONTHS, EXCEPT FOR
ON THE JOB INJURY WHEREIN HE SHALL BE CONTINUED ON THE SENIORITY LIST FOR A
PERIOD OF EIGHTEEN (18) MONTHS.
SECTION 6. ANY EMPLOYEE ELECTED OR APPOINTED AS AN OFFICIAL OF THE
UNION OR DELEGATE TO ANY LABOR ACTIVITY, NECESSITATING A LEAVE OF ABSENCE, SHALL
BE GRANTED A LEAVE OF ABSENCE FOR TWELVE (12) MONTHS WITHOUT PAY AND BE
GUARANTEED RE-EMPLOYMENT AT THE END OF SUCH PERIOD, WITH THE SAME SENIORITY AS
THOUGH HE HAD BEEN CONTINUOUSLY EMPLOYED, AS LONG AS HE IS ABLE TO PERFORM THE
WORK.
SECTION 7. REGULAR EMPLOYEES WHO LEAVE THE SERVICE OF THE COMPANY TO
ENTER THAT OF THE UNITED STATES ARMED FORCES, OR THE SERVICE OF THE U.S.
MARITIME COMMISSION, OR WHO ARE DRAFTED BY THE UNITED STATES GOVERNMENT FOR
CIVILIAN SERVICE, WILL UPON THEIR RETURN, WITHIN NINETY (90) DAYS FROM RELEASE
FROM SUCH SERVICE BE GRANTED ALL SENIORITY RIGHTS AS IF CONTINUOUSLY EMPLOYED BY
THE COMPANY DURING SUCH SERVICE. SUCH PERSONS WILL BE REHIRED BY THE COMPANY TO
TAKE THE PLACE OF OTHER PERSONS EMPLOYED BY THE COMPANY WHO HAVE LESS SENIORITY.
UNDER NO CIRCUMSTANCES WILL THIS ARTICLE BE CONSTRUED AS TO REQUIRE
THE COMPANY TO INCREASE THE NUMBER OF ITS EMPLOYEES BEYOND THOSE ACTUALLY
NEEDED.
6
ARTICLE VI - GRIEVANCE PROCEDURE
SHOULD DIFFERENCES ARISE BETWEEN AN EMPLOYER AND THE UNION OR ANY
EMPLOYEE OF SUCH EMPLOYER, AS TO THE MEANING OR APPLICATION OF THE PROVISIONS OF
THIS AGREEMENT, SUCH DIFFERENCES SHALL BE SETTLED IN THE FOLLOWING MANNER:
SECTION 1. MEDIATION-EMPLOYEE-FOREMAN: AGGRIEVED EMPLOYEE OR
EMPLOYEES SHALL TAKE THEIR GRIEVANCE UP WITH THE FOREMAN IN CHARGE OF THEIR
DEPARTMENT. EMPLOYEES MAY HAVE THE SHOP STEWARD PRESENT ON ANY GRIEVANCE. IF A
SATISFACTORY SETTLEMENT IS NOT EFFECTED WITH THE FOREMAN WITHIN ONE (1) WORKING
DAY, THE EMPLOYEE SHALL SUBMIT SUCH GRIEVANCE TO THE SHOP STEWARD, IN WRITING.
TO BE TIMELY FILED, SUCH WRITTEN GRIEVANCE MUST BE FILED WITH THE COMPANY
WITHIN FIVE (5) DAYS AFTER THE EMPLOYEE KNEW OR SHOULD HAVE KNOWN OF THE
OCCURRENCE GIVING RISE TO THE GRIEVANCE.
SECTION 2. MEDIATION-STEWARD-MANAGER: IF NO SATISFACTORY
ADJUSTMENT IS AGREED UPON, THE MATTER SHALL BE REFERRED BY THE SHOP STEWARD TO
THE GENERAL MANAGER OF THE EMPLOYER, OR SOME OTHER EXECUTIVE OFFICER OF THE
COMPANY WITH AUTHORITY TO ACT, WHO SHALL REVIEW THE ALLEGED GRIEVANCE AND OFFER
A DECISION WITHIN FIVE (5) WORKING DAYS AFTER THE RECEIPT OF SAME.
SECTION 3. INVESTIGATION - STEWARD: ANY SHOP STEWARD SHALL BE
PERMITTED TO LEAVE HIS WORK TO INVESTIGATE AND ADJUST GRIEVANCES OF ANY EMPLOYEE
WITHIN HIS JURISDICTION AFTER FIRST NOTIFYING THE FOREMAN IN CHARGE. UPON
ENTERING A DEPARTMENT OTHER THAN HIS OWN, IN THE FULFILLMENT OF HIS DUTIES, THE
SHOP STEWARD SHALL NOTIFY THE FOREMAN OF THAT DEPARTMENT OF HIS PRESENCE AND
PURPOSE. THE SHOP STEWARD SHALL HAVE FREE ACCESS TO THE PLANT DURING WORKING
HOURS, SO THAT HE MAY INVESTIGATE GRIEVANCES AND PROMOTE SMOOTH OPERATIONS OF
THE CONTRACT. NO TIME OR PAY WILL BE LOST DURING REGULAR WORKING HOURS BY THE
SHOP STEWARD WHILE PERFORMING HIS DUTIES OR INVESTIGATING GRIEVANCES IF NOT
ABUSED.
SECTION 4. UNION REPRESENTATIVE-GENERAL MANAGER: IN CASE NO
SETTLEMENT IS THEN AGREED UPON, THE WHOLE MATTER SHALL BE TAKEN UP THEN BETWEEN
THE REPRESENTATIVES OF THE UNION AND THE GENERAL MANAGER OR SOME OTHER EXECUTIVE
OFFICER OF THE EMPLOYER DULY DESIGNATED BY THE EMPLOYER WITH AUTHORITY TO ACT.
THEY SHALL HAVE TEN (10) WORKING DAYS TO REACH A DECISION UNLESS MORE TIME IS
EXTENDED BY MUTUAL CONSENT.
SECTION 5. ARBITRATION: IF NO AGREEMENT HAS YET BEEN REACHED AFTER
THE ABOVE PROCEDURES AND THE UNION DESIRES TO PURSUE THE GRIEVANCE FURTHER, THE
UNION SHALL GIVE THE EMPLOYER WRITTEN NOTICE WITHIN TEN (10) DAYS AFTER THE STEP
IN SECTION 4 HAS BEEN COMPLETED. UPON RECEIPT OF THE UNION'S REQUEST FOR
ARBITRATION, THE EMPLOYER AND THE UNION HEREBY AGREE TO SUBMIT THE MATTER TO
ARBITRATION, AND TO ACCEPT THE DECISION OF THE IMPARTIAL ARBITRATOR. IT SHALL BE
INCUMBENT UPON BOTH PARTIES TO NOMINATE AN ARBITRATOR WITHIN TEN (10) DAYS AFTER
SUCH NOTICE IS GIVEN. IF THEY FAIL TO AGREE UPON SAID ARBITRATOR WITHIN
7
SAID TEN (10) DAYS, THEY SHALL JOINTLY PETITION THE FEDERAL MEDIATION AND
CONCILIATION SERVICE TO SUBMIT A LIST OF SEVEN (7) ARBITRATORS FROM WHICH THE
COMPANY AND UNION SHALL SELECT THE IMPARTIAL ARBITRATOR BY ALTERNATIVE STRIKES.
THE SIDE TO STRIKE FIRST SHALL BE SETTLED BY LOT. EITHER PARTY SHALL HAVE THE
RIGHT TO REJECT THE PANEL AND REQUEST A NEW PANEL. THE EXPENSE OF THE ARBITRATOR
SELECTED OR APPOINTED SHALL BE BORNE EQUALLY BY THE COMPANY AND THE UNION. THE
ARBITRATOR SHALL HAVE NO POWER TO ADD TO, SUBTRACT FROM OR MODIFY ANY OF THE
TERMS OF THIS AGREEMENT.
SECTION 6. ANY EMPLOYEE WHO IS REINSTATED AFTER DISCHARGE WILL BE
RETURNED TO WORK AT THE SAME RATE OF PAY AND WITHOUT LOSS OF SENIORITY AND THE
DETERMINATION OF WHETHER BACK PAY IS TO BE AWARDED IS TO BE DETERMINED BY THE
ARBITRATOR OR IF SETTLED, IS TO BE DETERMINED BY THE PARTIES.
ARTICLE VII - HEALTH AND WELFARE
THE COMPANY WILL PROVIDE ALL UNIT EMPLOYEES THE SAME BENEFITS AND
ELIGIBILITY FOR MEDICAL AND HOSPITALIZATION COVERAGE AS THE COMPANY PROVIDES FOR
ITS SALARIED NON UNIT EMPLOYEES WITH THE UNIT EMPLOYEES BEING SUBJECT TO THE
SAME PREMIUM CONTRIBUTION FORMULA REGARDING THAT PORTION OF PREMIUM FOR
EMPLOYEE AND DEPENDENT COVERAGE PAID BY EMPLOYEES THAT IS IN EFFECT FOR THE
COMPANY'S SALARIED EMPLOYEES.
THE EMPLOYER WILL NOT BE OBLIGATED TO PAY THE MEDICAL AND
HOSPITALIZATION PREMIUM CONTRIBUTIONS FOR ANY MONTH THAT AN EMPLOYEE DOES NOT
WORK EXCEPT AS FOLLOWS:
THE EMPLOYER AGREES THAT WHERE AN EMPLOYEE CEASES ACTIVE WORK DUE TO
LAYOFF OR TEMPORARY SUSPENSION OF THE EMPLOYER'S BUSINESS, THAT IT SHALL
CONTINUE TO MAKE THE PREMIUM PAYMENTS FOR THE HEALTH, LIFE AND SICKNESS AND
ACCIDENT PLANS FOR THE EMPLOYEE AND HIS DEPENDENTS, BUT NOT TO EXCEED ONE (1)
MONTH FOLLOWING THE MONTH IN WHICH THE LAYOFF OCCURS.
IF AN EMPLOYEE IS ABSENT BECAUSE OF ILLNESS OR OFF-THE-JOB INJURY
AND NOTIFIES THE EMPLOYER OF SUCH ABSENCE, THE EMPLOYER SHALL CONTINUE TO MAKE
THE REQUIRED CONTRIBUTIONS FOR A PERIOD OF ONE (1) MONTH. IF AN EMPLOYEE IS
INJURED ON THE JOB, THE EMPLOYER SHALL CONTINUE TO PAY THE REQUIRED
CONTRIBUTIONS UNTIL SUCH EMPLOYEE RETURNS TO WORK; HOWEVER, SUCH CONTRIBUTIONS
SHALL NOT BE PAID FOR A PERIOD OF MORE THAN SIX (6) MONTHS. IF AN EMPLOYEE IS
GRANTED A LEAVE OF ABSENCE, THE EMPLOYER SHALL COLLECT FROM SAID EMPLOYEE, PRIOR
TO LEAVE OF ABSENCE BEING EFFECTIVE, SUFFICIENT MONIES TO PAY THE REQUIRED
CONTRIBUTIONS FOR MEDICAL AND HOSPITALIZATION INSURANCE PREMIUMS DURING THE
PERIOD OF ABSENCE.
ARTICLE VIII - JOB STEWARDS
THE EMPLOYER RECOGNIZES THE RIGHT OF THE UNION TO DESIGNATE JOB
STEWARDS AND ALTERNATES.
THE AUTHORITY OF JOB STEWARDS AND ALTERNATES SO DESIGNATED BY THE
UNION SHALL BE LIMITED TO, AND SHALL NOT EXCEED, THE FOLLOWING DUTIES AND
ACTIVITIES:
8
1. THE INVESTIGATION AND PRESENTATION OF GRIEVANCES IN ACCORDANCE
WITH THE PROVISIONS OF THE COLLECTIVE BARGAINING AGREEMENT;
2. THE COLLECTION OF DUES WHEN AUTHORIZED BY APPROPRIATE LOCAL UNION
ACTION;
3. THE TRANSMISSION OF SUCH MESSAGES AND INFORMATION WHICH SHALL
ORIGINATE WITH, AND ARE AUTHORIZED BY THE LOCAL UNION OR ITS OFFICERS, PROVIDED
SUCH MESSAGES AND INFORMATION;
(A) HAVE BEEN REDUCED TO WRITING, OR,
(B) IF NOT REDUCED TO WRITING, ARE OF A ROUTINE NATURE AND DO NOT
INVOLVE WORK STOPPAGES, SLOW DOWNS, REFUSAL TO HANDLE GOODS, OR ANY OTHER
INTERFERENCE WITH THE EMPLOYER'S BUSINESS.
JOB STEWARDS AND ALTERNATES HAVE NO AUTHORITY TO TAKE STRIKE ACTION,
OR ANY OTHER ACTION INTERRUPTING THE EMPLOYER'S BUSINESS, EXCEPT AS AUTHORIZED
BY OFFICIAL ACTION OF THE UNION.
THE EMPLOYER RECOGNIZES THESE LIMITATIONS UPON THE AUTHORITY OF JOB
STEWARDS AND THEIR ALTERNATES, AND SHALL NOT HOLD THE UNION LIABLE FOR ANY
UNAUTHORIZED ACTS. THE EMPLOYER IN SO RECOGNIZING SUCH LIMITATIONS SHALL HAVE
THE AUTHORITY TO IMPOSE PROPER DISCIPLINE, INCLUDING DISCHARGE, IN THE EVENT THE
SHOP STEWARD HAS TAKEN UNAUTHORIZED STRIKE ACTION, SLOW DOWN, OR WORK STOPPAGE
IN VIOLATION OF THIS AGREEMENT, SUBJECT TO ARTICLE VI.
ARTICLE IX - PICKETING CLAUSE
THERE SHALL BE NO SLOW DOWNS, PICKETING, BOYCOTTS, CESSATION OF
WORK, STRIKES, INTERFERENCE WITH THE BUSINESS OF THE COMPANY OR OTHER DISRUPTIVE
ACTIVITIES BY EITHER EMPLOYEES OR THE UNION FOR ANY REASON WHATSOEVER DURING THE
TERM OF THIS AGREEMENT. THE COMPANY SHALL NOT LOCK OUT ITS EMPLOYEES.
IT SHALL NOT BE A VIOLATION OF THIS AGREEMENT, AND IT SHALL NOT BE
CAUSE FOR DISCHARGE OR DISCIPLINARY ACTION IN THE EVENT AN EMPLOYEE REFUSES TO
ENTER UPON ANY PROPERTY INVOLVED IN A PRIMARY LABOR DISPUTE, OR REFUSES TO GO
THROUGH OR WORK BEHIND ANY PRIMARY PICKET LINE, INCLUDING THE PRIMARY PICKET
LINE OF ANY UNION PARTY TO THIS AGREEMENT AND INCLUDING PRIMARY PICKET LINES AT
THE EMPLOYER'S PLACES OF BUSINESS.
ARTICLE X - MISCELLANEOUS PROVISIONS
SECTION 1. UPON NOTIFYING MANAGEMENT, AUTHORIZED AGENTS OF THE UNION
SHALL HAVE ACCESS TO THE COMPANY'S ESTABLISHMENT DURING WORKING HOURS FOR THE
PURPOSE OF ADJUSTING DISPUTES, INVESTIGATING WORKING CONDITIONS, COLLECTION OF
DUES, AND ASCERTAINING THAT THE AGREEMENT IS BEING ADHERED TO, PROVIDING
HOWEVER, THAT THERE IS NO INTERRUPTION OF THE FIRM'S WORKING SCHEDULE.
9
SECTION 2. THE COMPANY AGREES TO FURNISH A BULLETIN BOARD, AND THE
UNION SHALL HAVE THE RIGHT TO POST UNION NOTICES OR NOTICES OF SOCIAL GATHERINGS
ON THE BULLETIN BOARDS FURNISHED BY THE COMPANY.
SECTION 3. THE COMPANY AGREES THAT IT WILL NOT DISCRIMINATE AGAINST
ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT AND OR ON ACCOUNT OF HIS AFFILIATION OR
ACTIVITIES WITH THE UNION OR BECAUSE OF RACE, CREED, COLOR, SEX, AGE OR NATIONAL
ORIGIN.
SECTION 4. IT IS AGREED THAT THE COMPANY WILL NOT ASK EMPLOYEES TO
WORK OVERTIME ON ANY REGULAR OR SPECIAL MEETING NIGHT OF THE UNION, PROVIDED
SUCH MEETINGS ARE LIMITED TO THREE (3) IN ANY ONE MONTH, EXCEPT BY MUTUAL
AGREEMENT BETWEEN THE COMPANY AND THE UNION.
SECTION 5. IF THE EMPLOYER REQUIRES THEIR EMPLOYEES TO WEAR SPECIFIC
WEARING APPAREL, THEY SHALL FURNISH SAME WITHOUT COST TO THE EMPLOYEES AND THE
WEARING APPAREL SHALL BEAR THE UNION LABEL.
SECTION 6. THE COMPANY AGREES THAT THE UNION SHALL HAVE THE RIGHT TO
AFFIX NO MORE THAN THREE (3) TEAMSTERS UNION SERVICE SIGNS ON ALL EQUIPMENT
UNDER THE JURISDICTION OF TEAMSTERS LOCAL UNION NO. 682.
SECTION 7. DRIVERS SHALL BE REQUIRED TO MAKE STORE DOOR
AND/OR BUILDING CONSTRUCTION SITE DELIVERY.
SECTION 8. HEAVY OR BULKY MATERIAL ADDED TO THE TRUCK AFTER THE
TRUCK LOAD HAS BEEN MADE UP AND WHICH INTERFERES WITH THE UNLOADING OF THE
PREVIOUSLY LOADED DELIVERIES, SUCH HEAVY OR BULKY MATERIAL SHALL BE DELIVERED
FIRST.
SECTION 9. SHOULD THE COMPANY REQUIRE ANY EMPLOYEE TO GIVE BOND, ANY
PREMIUM INVOLVED SHALL BE PAID BY THE COMPANY.
SECTION 10. WHENEVER AN EMPLOYEE IS UNABLE TO COMPLETE HIS DAY'S
WORK BECAUSE OF INJURY IN THE LINE OF DUTY, HE IS TO RECEIVE EIGHT (8) HOURS'
PAY FOR THAT DAY.
WHEN AN EMPLOYEE IS REQUIRED TO GO TO THE DOCTOR DURING WORKING
HOURS BECAUSE OF INJURY ARISING OUT OF HIS EMPLOYMENT, AND WOULD THEREBY LOSE
WORKING TIME, SUCH VISIT SHALL BE ON COMPANY TIME.
SECTION 11. WHEN EMPLOYEES COVERED BY THIS AGREEMENT ARE CALLED UPON
FOR JURY SERVICE, THEY SHALL ADVISE THEIR FOREMAN OR FORELADY UPON RECEIPT OF
SUCH CALL, AND, IF TAKEN FROM THEIR WORK FOR SUCH SERVICE, SHALL BE PAID EIGHT
(8) HOURS' PAY AT THEIR REGULAR HOURLY RATE FOR EACH DAY OF ABSENCE, LESS ANY
JURY PAY. SUCH PAY BY THE EMPLOYER SHALL NOT EXCEED TEN (10) WORK DAYS LOST PER
CALENDAR YEAR.
SECTION 12. THE PARTIES AGREE DOCK GUARDS WILL BE FURNISHED BY
EMPLOYER.
10
SECTION 13. AN EMPLOYEE MUST PROVIDE A DOCTOR'S STATEMENT
SATISFACTORY TO THE COMPANY IF OFF WORK BECAUSE OF A CLAIMED INJURY OR ILLNESS,
IF REQUESTED BY THE COMPANY. IT IS NOT THE INTENT OF THE COMPANY TO MAKE SUCH
REQUEST UNLESS THE EMPLOYEE HAS AN ATTENDANCE PROBLEM OR THE EMPLOYEE IS OFF FOR
ILLNESS OR INJURY FOR THREE (3) WORKING DAYS OR MORE OR THE COMPANY SUSPECTS
ABUSE.
SECTION 14. FOR EMPLOYEES TO BE OR REMAIN QUALIFIED AS DRIVERS THEY
MUST HAVE A VALID CDL, BE IN COMPLIANCE OR MEET ALL DOT RULES, REGULATIONS AND
STANDARDS AND THE APPLICABLE STATE LAWS, HAVE A SATISFACTORY DRIVING RECORD AND
BE ABLE TO OBTAIN STANDARD INSURANCE RATES.
ARTICLE XI - JOB LABOR STANDARDS AND JOB SECURITY
SECTION 1. THE TERMS AND PROVISIONS OF THIS ARTICLE HAVE BEEN
NEGOTIATED AND AGREED UPON BY AND BETWEEN THE PARTIES FOR THE PURPOSE OF
PROVIDING COVERED EMPLOYEES WITH THE MAXIMUM JOB SECURITY AND STEADY EMPLOYMENT
WARRANTED BY THE EMPLOYER'S BUSINESS, AND FOR THE ADDITIONAL PURPOSE OF
PROVIDING AGAINST THE DIMINUTION OF THIS UNION'S ESTABLISHED WAGE SCALES AND
WORKING CONDITIONS WHICH MAY RESULT IF PERSONS OUTSIDE OF THE BARGAINING UNIT
HERE INVOLVED OR OUTSIDE OF OTHER SIMILAR BARGAINING UNITS ARE FREE TO DO LIKE
WORK FOR LESS.
SECTION 2. THE EMPLOYER SHALL NOT DIRECT, REQUIRE OR KNOWINGLY
PERMIT ANY OF ITS EMPLOYEES WHO ARE NOT INCLUDED WITHIN THE BARGAINING UNIT
COVERED BY THIS AGREEMENT TO DO OR PERFORM ANY OF THE WORK WHICH IS DONE OR
PERFORMED BY THOSE WITHIN THIS BARGAINING UNIT. NOR SHALL OWNERS, EMPLOYERS,
THOSE HAVING A PROPRIETARY INTEREST IN THE BUSINESS, OR PERSONS OUTSIDE OF THIS
BARGAINING UNIT, BE DIRECTED, REQUIRED OR KNOWINGLY PERMITTED TO DO OR PERFORM
ANY OF SAID WORK.
SECTION 3. THE EMPLOYER AGREES TO REFRAIN FROM KNOWINGLY EMPLOYING
THE SERVICES OF ANY PERSON WHO DOES NOT OBSERVE THE WAGES, HOURS AND CONDITIONS
OF EMPLOYMENT ESTABLISHED BY THIS COLLECTIVE BARGAINING AGREEMENT ON WORK
COVERED BY THIS AGREEMENT.
ARTICLE XII - UNAUTHORIZED ACTIVITY
IT IS UNDERSTOOD AND AGREED THAT THE UNION SHALL HAVE NO FINANCIAL
LIABILITY FOR ACTS OF ITS MEMBERS OR AGENTS WHICH ARE UNAUTHORIZED AND WHICH THE
UNION CANNOT CONTROL. IT IS AGREED, HOWEVER, THAT IN THE EVENT OF ANY SUCH
UNAUTHORIZED ACTION, THE UNION SHALL, UPON RECEIVING NOTICE THEREOF, USE ALL
REASONABLE MEANS TO END SAID CONDUCT, INCLUDING BUT NOT LIMITED TO USING ALL
RESOURCES AVAILABLE UNDER ITS CONSTITUTION AND BY-LAWS AND BY LETTER OR
TELEGRAM WITH A COPY TO THE COMPANY, IMMEDIATELY ORDERING SAID EMPLOYEES TO
RETURN TO WORK AND TO CEASE ENGAGING IN ANY VIOLATION OF THE NO STRIKE
OBLIGATION AND NOTIFYING THE COMPANY THAT THE ACTION OF THE UNION MEMBERS OR
AGENTS IS UNAUTHORIZED.
11
THE COMPANY SHALL BE PRIVILEGED TO DISCIPLINE EMPLOYEES RESPONSIBLE
FOR SUCH UNAUTHORIZED ACTIVITIES WITHOUT VIOLATION OF THE TERMS OF THIS
AGREEMENT, SUBJECT, HOWEVER, TO THE GRIEVANCE AND ARBITRATION PROVISIONS OF THIS
AGREEMENT.
IN ORDER THAT THE COMPANY MAY BE APPRISED OF THE OFFICER OF THE
UNION EMPOWERED TO AUTHORIZE STRIKES, WORK STOPPAGES, OR ACTIONS WHICH WILL
INTERFERE WITH THE ACTIVITIES REQUIRED OF EMPLOYEES UNDER THIS AGREEMENT, IT IS
UNDERSTOOD AND AGREED THAT ONLY THE TOP ADMINISTRATIVE OFFICERS OF THE UNION HAS
THE POWER OR AUTHORITY TO AUTHORIZE ANY SUCH ACTIONS OR GIVE THE ORDERS OR
DIRECTIONS NECESSARY TO CARRY OUT ANY SUCH ACTION.
ARTICLE XIII - WAGES
A. FOR EMPLOYEES HIRED ON OR BEFORE APRIL 30, 1984, THEY SHALL
RECEIVE THE FOLLOWING WAGES:
EFFECTIVE PER HOUR: 5/1/96 5/1/97 5/1/98
------ ------ ------
TRUCK DRIVER $15.385 $15.635 $15.935
LOADERS $ 15.30 $ 15.55 $ 15.85
LABORERS $ 15.01 $ 15.26 $ 15.56
B. FOR EMPLOYEES HIRED AFTER APRIL 30, 1984, THEY SHALL RECEIVE THE
FOLLOWING WAGES:
EFFECTIVE PER HOUR: 5/1/96 5/1/97 5/1/98
------ ------ ------
TRUCK DRIVERS $11.38 $11.73 $12.13
LOADERS $11.30 $11.65 $12.05
LABORERS $11.01 $11.36 $11.76
SHOULD THE COMPANY APPOINT A BARGAINING UNIT EMPLOYEE AS A LEADMAN,
THE LEADMAN SHALL BE A WORKING LEADMAN AND THE LEADMAN SHALL BE PAID A FIFTY
CENTS (.50(CENTS)) PER HOUR PREMIUM ABOVE THE TOP CLASSIFICATION RATE. NOTHING
CONTAINED HEREIN SHALL REQUIRE THE COMPANY TO FILL THE POSITION AND THE PERSON
IN THIS CLASSIFICATION SHALL BE APPOINTED BY THE COMPANY IN ITS SOLE DISCRETION.
SHOULD THE COMPANY REQUIRE LABORERS TO FILL WILL CALLS AND/OR LOAD
TRUCKS, THAT IS PERFORM LOADER'S WORK, THE FOLLOWING SHALL APPLY:
THE COMPANY WILL CONTINUE TO ROTATE ON A DAILY BASIS WHICH LABORER
WILL INITIALLY BE ASSIGNED WILL CALLS. SAID LABORER MAY ALSO BE ASSIGNED TO LOAD
TRUCKS. THE COMPANY CAN ALSO ASSIGN ADDITIONAL LABORERS TO DO WILL CALLS AND/OR
LOAD TRUCKS WHEN LABORERS PERFORM
12
LOADERS WORK AS SET FORTH ABOVE, THEY SHALL BE PAID LOADERS WAGES ONLY FOR THE
TIME SPENT PERFORMING LOADERS WORK WITH A FIFTEEN (15) MINUTE PER DAY MINIMUM
BEING PAID IF A LABORER PERFORMS ANY SUCH LOADERS WORK.
ALL EMPLOYEES STARTING WORK ON THE SECOND SHIFT SHALL RECEIVE TWENTY
CENTS (.2O CENTS) PER HOUR OVER AND ABOVE SCALE OF WAGES. EMPLOYEES STARTING
WORK ON THE THIRD SHIFT SHALL RECEIVE THIRTY CENTS (.30 CENTS) PER HOUR OVER
AND ABOVE THE REGULAR SCALE OF WAGES.
ANY EMPLOYEE RECEIVING MORE THAN THE SCALE OF WAGES SHOWN ABOVE
SHALL NOT SUFFER A REDUCTION AFTER THE SIGNING OF THIS AGREEMENT AND SHALL
RECEIVE ALL INCREASES THAT WILL BE RECEIVED BY EMPLOYEES WORKING AT THE MINIMUM
OF THE SCALE SO THAT EXISTING DIFFERENTIALS WILL BE MAINTAINED.
TEMPORARY EMPLOYEES, WHO SHALL ONLY DO CLEAN-UP WORK, SHALL BE PAID
NO LESS THAN SIX DOLLARS ($6.00) PER HOUR AND WILL NOT RECEIVE OR BE ELIGIBLE
FOR FRINGE BENEFITS.
ARTICLE XIV - PENSION
EFFECTIVE MAY 1, 1996, THE EMPLOYER SHALL CONTRIBUTE TO A PENSION
FUND FOR EACH EMPLOYEE COVERED BY THIS AGREEMENT WHO HAS BEEN ON THE PAYROLL
THIRTY (30) DAYS OR MORE, THE SUM OF SEVENTY NINE DOLLARS ($79.00) PER WEEK.
EFFECTIVE MAY 1, 1997, THIS CONTRIBUTION SHALL BE EIGHTY THREE
DOLLARS ($83.00) PER WEEK, PER ELIGIBLE EMPLOYEE. EFFECTIVE MAY 1, 1998, THIS
CONTRIBUTION SHALL BE EIGHTY FIVE DOLLARS ($85.00) PER WEEK, PER ELIGIBLE
EMPLOYEE.
EMPLOYEES RECEIVING ANY COMPENSATION IN ANY WEEK FROM THE EMPLOYER
SHALL HAVE HIS PENSION CONTRIBUTION PAID FOR THAT WEEK.
THIS FUND SHALL BE THE CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS
PENSION FUND.
THERE SHALL BE NO OTHER PENSION FUND UNDER THIS CONTRACT FOR
OPERATIONS UNDER THIS CONTRACT OR FOR OPERATIONS UNDER THE SOUTHEAST AND
SOUTHWEST AREAS CONTRACTS TO WHICH EMPLOYER'S WHO ARE PARTY TO THIS CONTRACT ARE
ALSO PARTIES.
IF AN EMPLOYEE IS ABSENT BECAUSE OF ILLNESS OR OFF-THE-JOB INJURY
AND NOTIFIES THE EMPLOYER OF SUCH ABSENCE, THE EMPLOYER SHALL CONTINUE TO MAKE
THE REQUIRED CONTRIBUTIONS FOR A PERIOD OF FOUR (4) WEEKS. IF AN EMPLOYEE IS
INJURED ON THE JOB, THE EMPLOYER SHALL CONTINUE TO PAY THE REQUIRED
CONTRIBUTIONS UNTIL SUCH EMPLOYEE RETURNS TO WORK, HOWEVER, SUCH CONTRIBUTIONS
SHALL NOT BE PAID FOR A PERIOD OF MORE THAN SIX (6) MONTHS. IF AN EMPLOYEE IS
GRANTED A LEAVE OF ABSENCE, THE EMPLOYER SHALL COLLECT FROM SAID EMPLOYEE, PRIOR
TO THE LEAVE OF ABSENCE BEING EFFECTIVE SUFFICIENT MONIES TO PAY THE REQUIRED
CONTRIBUTIONS INTO THE PENSION FUND DURING THE PERIOD OF ABSENCE.
13
NOTWITHSTANDING ANYTHING HEREIN CONTAINED IT IS AGREED THAT IN THE
EVENT ANY EMPLOYER IS DELINQUENT AT THE END OF A PERIOD IN THE PAYMENT OF HIS
CONTRIBUTIONS TO THE PENSION FUND CREATED UNDER THIS CONTRACT, IN ACCORDANCE
WITH THE RULES AND REGULATIONS OF THE TRUSTEES OF SUCH FUNDS, THE EMPLOYEES OR
THEIR REPRESENTATIVES, AFTER THE PROPER OFFICIAL OF THE LOCAL UNION SHALL HAVE
GIVEN SEVENTY-TWO (72) HOURS' NOTICE TO THE EMPLOYER OF SUCH DELINQUENCY IN
PENSION PAYMENTS, SHALL HAVE THE RIGHT TO TAKE SUCH STRIKE ACTION AS THEY DEEM
NECESSARY UNTIL SUCH DELINQUENT PAYMENTS ARE MADE IF THERE IS NO BONA FIDE
DISPUTE AS TO WHETHER SUCH-PAYMENT IN THE AMOUNT CLAIMED IS DUE.
ARTICLE XV - SAVINGS CLAUSE
SECTION 1. IF ANY ARTICLE OR SECTION OF THIS CONTRACT IS INVALID
UNDER THE LAW, THEN SUCH ARTICLE OR SECTION SHALL BE MODIFIED TO COMPLY WITH THE
REQUIREMENTS OF THE LAW, OR SHALL BE RENEGOTIATED FOR THE PURPOSE OF ADEQUATE
REPLACEMENT. IF SUCH NEGOTIATIONS SHALL NOT RESULT IN A MUTUALLY SATISFACTORY
AGREEMENT, THE UNION SHALL BE PERMITTED ALL LEGAL OR ECONOMIC RECOURSE.
SECTION 2. IF ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE
IN VIOLATION OF ANY STATE OR FEDERAL LAW OR COURT DECISION OR DECREE, THEN TO
THE EXTENT OF ANY VIOLATION, THIS AGREEMENT SHALL BE NULL AND VOID AND SUBJECT
TO RENEGOTIATION. IF ANY PORTION OF THIS AGREEMENT IS DECLARED ILLEGAL, IT SHALL
NOT IN ANY WAY AFFECT THE REMAINING PROVISIONS OF THE AGREEMENT.
ARTICLE XVI - D.R.I.V.E. DEDUCTIONS AND CHECKOFF
SECTION 1. D.R.I.V.E. THE COMPANY WILL RECOGNIZE A LAWFUL, VOLUNTARY
EMPLOYEE AUTHORIZATION FOR A DRIVE DEDUCTION FROM WAGES. THE DRIVE DEDUCTION
SHALL BE MADE WEEKLY AND REMITTED WITHIN 30 DAYS TO NATIONAL DRIVE, C/0
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, 25 LOUISIANA AVENUE, N.W., WASHINGTON,
D.C. 20001. THE UNION SHALL REIMBURSE THE COMPANY FOR ONLY THE COMPANY'S ACTUAL
COST FOR THE EXPENSE INCURRED HEREBY.
SECTION 2. CHECK OFF UPON RECEIPT OF WRITTEN AUTHORIZATION AS
PROVIDED IN THE LABOR-MANAGEMENT RELATIONS ACT OF 1947, THE EMPLOYER AGREES TO
DEDUCT ALL INITIATION FEES AND DUES WHICH THE PROPER OFFICIALS OF THE UNION MAY
CERTIFY TO THE EMPLOYER, AND TO REMIT TO THE PROPER UNION OFFICIALS. A DUPLICATE
LIST OF SUCH MONIES CHECKED OFF WILL BE GIVEN TO THE SHOP STEWARD. THE UNION
SHALL GIVE THE EMPLOYER A CERTIFICATION OF SUCH FEES AND DUES ON OR BEFORE THE
FIRST DAY OF EACH MONTH, AND THE EMPLOYER AGREES TO MAKE THE DEDUCTION SO
INDICATED FROM THE PAY OF THE EMPLOYEES, FROM THE SECOND PAY DAY OF EACH MONTH.
14
ARTICLE XVII - FUNERAL LEAVE
IN CASE OF DEATH OF AN EMPLOYEE'S MOTHER, FATHER, BROTHER, SISTER,
HUSBAND, WIFE, CHILD, MOTHER-IN-LAW OR FATHER-IN-LAW, THE COMPANY WILL GRANT
TO SAID EMPLOYEE WHO HAD ONE YEAR OR MORE OF SERVICE WITH THE COMPANY, A LEAVE
OF ABSENCE WITH PAY FROM DAY OF DEATH UNTIL AND INCLUDING DAY OF THE FUNERAL,
NOT TO EXCEED THREE (3) CALENDAR DAYS. IN CASE OF DEATH OF EMPLOYEE'S
GRANDMOTHER, GRANDFATHER, GRANDCHILD, BROTHER-IN-LAW OR SISTER-IN-LAW, THE
COMPANY WILL GRANT TO SAID EMPLOYEE THE DAY OF THE FUNERAL WITH PAY. IN ORDER TO
BE PAID UNDER THIS PROVISION, PROOF OF DEATH AND ATTENDANCE AT THE FUNERAL MUST
ALSO BE FURNISHED TO THE COMPANY UPON REQUEST.
ARTICLE XVIII - MANAGEMENT RIGHTS
THE UNION RECOGNIZED THAT ANY AND ALL RIGHTS CONCERNED WITH THE
MANAGEMENT OF THE BUSINESS AND THE DIRECTION OF THE WORKING FORCES ARE
EXCLUSIVELY THAT OF THE COMPANY EXCEPT WHERE EXPRESSLY AND SPECIFICALLY
MODIFIED, LIMITED AND RESTRICTED BY THE PROVISIONS OF THIS AGREEMENT. SUCH
FUNCTIONS INCLUDE, BUT ARE NOT LIMITED TO, THE RIGHT TO SELECT AND HIRE, TO
ASSIGN WORK AND EMPLOYEES, TO TRANSFER FROM JOB TO JOB, TO PROMOTE TO A BETTER
POSITION, TO SUSPEND, DEMOTE, DISCIPLINE, OR DISCHARGE FOR CAUSE, TO ESTABLISH
AND MAINTAIN RULES GOVERNING EMPLOYEES' CONDUCT, WORK AND APPEARANCE, TO
DETERMINE THE NUMBER OR COMPLEMENT OF EMPLOYEES REQUIRED IN ANY FUNCTION OR ON
ANY JOB, TO RELIEVE EMPLOYEES FROM DUTY BECAUSE OF LACK OF WORK OR OTHER
REASONS, THE RIGHT TO SET WORK SCHEDULES AND STARTING TIMES OR TO CHANGE
SCHEDULES AND STARTING TIMES ALREADY SET, THE RIGHT TO STUDY, DETERMINE, AND
REGULATE THE METHODS, QUANTITY AND QUALITY OF WORK, THE RIGHT TO ESTABLISH
INCENTIVE PAY PLANS, THE RIGHT TO REQUIRE AND ASSIGN OVERTIME, THE RIGHT TO
DETERMINE THE LEVEL OF KNOWLEDGE AND THE AMOUNT AND TYPE OF EDUCATION REQUIRED
AS A CONDITION OF EMPLOYMENT OR CONTINUED EMPLOYMENT, THE RIGHT TO DETERMINE THE
EXTENT TO WHICH A DEPARTMENT OR OPERATION SHALL BE OPERATED, THE RIGHT TO CLOSE
OR SHUT DOWN ANY PART OR ALL OF THE OPERATIONS OR TO MOVE THE SAME, THE RIGHT TO
CHANGE METHODS OR PROCEDURES OR TO TRANSFER WORK TO OTHER FACILITIES OR TO USE
ANY EQUIPMENT OR TO SUBCONTRACT, THE RIGHT TO INTRODUCE NEW OR IMPROVED
EQUIPMENT, PRODUCTS, PROCEDURES OR FACILITIES, THE RIGHT TO DETERMINE THE
METHODS AND MEANS OF DISTRIBUTION OF PRODUCTS, AND THE RIGHT TO DETERMINE ALL
METHODS OF SELLING, MARKETING AND ADVERTISING PRODUCTS, INCLUDING PRICING. THE
COMPANY SHALL BE FREE TO EXERCISE ITS RIGHTS TO PURCHASE AND USE ANY MATERIALS,
SPECIAL SUPPLIES, PRODUCTS, EQUIPMENT OR OTHER PRODUCTS AND SERVICES WHICH IT
MAY DESIRE.
ARTICLE XIX - TERMINATION OF AGREEMENT
THIS AGREEMENT SHALL BECOME EFFECTIVE ON THE 1ST DAY OF MAY, 1996
AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL THE 30TH DAY OF APRIL, 1999, AND
EACH YEAR THEREAFTER, UNLESS WRITTEN NOTICE OF TERMINATION OR DESIRED
MODIFICATION IS GIVEN AT LEAST SIXTY (60) DAYS PRIOR TO ANY YEARLY EXPIRATION
DATE BY EITHER OF THE PARTIES HERETO.
15
SHOULD NOTICE OF TERMINATION OR DESIRED MODIFICATION BE GIVEN IN THE
MANNER PROVIDED FOR ABOVE, THE PARTIES DESIRING THE SAME SHALL:
1. OFFER TO MEET AND CONFER WITH THE OTHER PARTY FOR THE PURPOSE OF
NEGOTIATING A NEW CONTRACT OR A CONTRACT CONTAINING THE PROPOSED MODIFICATIONS.
2. NOTIFY THE FEDERAL MEDIATION AND CONCILIATION SERVICE WITHIN
THIRTY (30) DAYS AFTER SUCH NOTICE OF THE EXISTENCE OF SUCH A DISPUTE, AND
SIMULTANEOUSLY THEREWITH NOTIFY ANY STATE AGENCY ESTABLISHED TO MEDIATE DISPUTES
WITHIN THE STATE, PROVIDED NO AGREEMENT HAS BEEN REACHED BY THAT TIME.
3. CONTINUE IN FULL FORCE AND EFFECT WITHOUT RESORTING TO STRIKE OR
LOCKOUT, ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT FOR A PERIOD OF SIXTY
(60) DAYS AFTER SUCH NOTICE IS GIVEN OR UNTIL THE EXPIRATION DATE OF THIS
CONTRACT WHICHEVER OCCURS LATER.
IN THE PROCESS OF BARGAINING IN GOOD FAITH, FOR A NEW CONTRACT OR A
CONTRACT CONTAINING DESIRED MODIFICATIONS, THE PARTIES RECOGNIZE THE FACT THAT
IT MAY BE NECESSARY TO CONTINUE THEIR NEGOTIATIONS AFTER THE DATE UPON WHICH
THIS AGREEMENT LEGALLY TERMINATES AND IN ORDER TO PROVIDE FOR THEIR DUTIES AND
OBLIGATIONS FOR THE PERIOD OF TIME BETWEEN THE TERMINATION DATE OF THIS CONTRACT
AND THE DATE UPON WHICH THEY CONCLUDE A NEW CONTRACT OR ONE CONTAINING THE
DESIRED MODIFICATIONS IT IS UNDERSTOOD AND AGREED AS FOLLOWS:
1. THE PARTIES SHALL CONTINUE TO BARGAIN AND NEGOTIATE IN GOOD FAITH
IN AN EFFORT TO REACH A COMPLETE AGREEMENT AND UNDERSTANDING COVERING THE TERMS
AND PROVISIONS OF A NEW CONTRACT TO TAKE THE PLACE OF THIS ONE OR A CONTRACT
CONTAINING THE DESIRED MODIFICATIONS, AND SUCH NEGOTIATIONS SHALL CONTINUE UNTIL
EITHER A COMPLETE AGREEMENT AND UNDERSTANDING IS REACHED OR UNTIL EITHER OR BOTH
PARTIES CONCLUDE THAT IT IS NOT PROBABLE THAT FURTHER NEGOTIATIONS WILL RESULT
IN AN AGREEMENT.
2. ALL OF THE TERMS AND PROVISIONS OF THIS CONTRACT SHALL BE
CONTINUED IN FULL FORCE AND EFFECT AND EXTENDED FROM THE TERMINATION DATE HEREOF
TO SUCH TIME AS THE PARTIES EITHER ENTER INTO A NEW AGREEMENT OR AGREEMENT
CONTAINING THE DESIRED MODIFICATIONS, OR TERMINATE FURTHER NEGOTIATIONS IN THE
MANNER ABOVE MENTIONED.
3. SHOULD THE PARTIES REACH AN AGREEMENT UPON THE TERMS AND
PROVISIONS OF A NEW CONTRACT OR A CONTRACT CONTAINING THE DESIRED MODIFICATIONS,
AT A TIME SUBSEQUENT TO THE TERMINATION DATE OF THIS CONTRACT, THEN, IN SUCH
EVENT ALL OF THE TERMS AND PROVISIONS OF THE NEW CONTRACT, OR THE CONTRACT
CONTAINING THE DESIRED MODIFICATIONS, SHALL BE MADE RETROACTIVE TO THE
TERMINATION OF THIS CONTRACT IF THERE IS NO STRIKE.
16
THE POST OFFICE ADDRESS OF ADAM WHOLESALERS, INC. IS 13679 RIDER
TRAIL NORTH, EARTH CITY, MISSOURI, 63045.
THE POST OFFICE ADDRESS OF THE UNION 15 5730 ELIZABETH AVENUE, ST.
LOUIS, MISSOURI 63110.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE SIGNED AND EXECUTED THIS
AND SEVERAL OTHER COPIES HERETO, THE DAY AND YEAR FIRST ABOVE WRITTEN.
ADAM WHOLESALERS, INC. CONSTRUCTION, BUILDING MATERIAL,
ICE AND COAL, LAUNDRY AND DRY
BY /s/ George E. Henderson CLEANING, MEAT AND FOOD PRODUCTS
--------------------------------- DRIVERS, HELPERS, WAREHOUSEMEN,
YARDMEN, SALESMEN AND ALLIED
WORKERS, LOCAL UNION NO. 682,
AFFILIATED WITH THE INTERNATIONAL
BROTHERHOOD OF TEAMSTERS
BY /s/ William A. Ferris
--------------------------------------
PRESIDENT
17
MEMORANDUM OF AGREEMENT
This memorandum of agreement is entered into this 13th day May, 1999 between
Teamsters Local No. 682, St. Louis, Missouri (the "Union") and Morgan Products
Ltd.(the "Company").
WHEREAS, the Union and the Company have bargained in good faith over the terms
of a successor agreement to the agreement between the parties, which expired by
its terms at 11:59 p.m. on April 30, 1999; and
WHEREAS, the parties have had the opportunity to bargain over all aspects of the
terms and conditions of employment concerning the members of the bargaining unit
represented by Union;
It is hereby agreed between the parties as follows:
The current agreement between the parties shall be extended for one year,
effective May 1, 1999 and expiring at 11:59 p.m. on April 30, 2000, and will be
unchanged except as specifically set forth below:
1. The Date of the preamble is amended to read "This agreement, dated the
1st Day of May, 1999, by and between Morgan Products, Ltd., or its
successors, located in St. Louis, Missouri".
2. Article III, Section 3 is amended to read as follows: Employees who
shall report for work not having been notified on the preceding day or
prior thereto not to report, shall receive at least eight (8) hours
work or pay therefor at the regular hourly rate, except for Acts of God
or other circumstances beyond the control of management.
3. Amend Article VI, section to correct typographical error: "within five
(5) working days" to read "within five (5) working days.
4. The Wages Rates in Article XIII will be retroactive back to May 1, 1999
and shall be increased as follows:
A. For employees hired on or before April 30, 1984, they shall
receive the following wages:
[Download Table]
5/1/99
Truck Driver $16.185
Loaders $16.10
Laborers $15.81
18
B. For employees hired after April 30, 1984, they shall receive the
following wages:
[Download Table]
5/1/99
Truck Drivers $12.43
Loaders $12.35
Laborers $12.06
5. Additionally, each employee in the bargaining unit shall receive a net
one time payment of $100 no later than the second payroll period
following the ratification of the agreement.
6. Article XVII - Funeral Leave is amended to read as follows: "In case of
death of an employee's mother, father, brother, sister, husband, wife,
child, grandchild, mother-in-law or father-in-law, the company will
grant to said employee who had one year or more of service with the
company, a leave of absence with pay from day of death until and
including day of the funeral, not to exceed three (3) calendar days. In
case of death of employee's grandmother, grandfather, spouse's
grandmother, spouse's grandfather, brother-in-law or sister-in-law,
the Company will grant to said employee the day of the funeral with
pay. In order to be paid under this provision, proof of death and
attendance at the funeral must also be furnished to the company upon
request."
7. Article XIX - termination of Agreement is amended to read as follows:
"This agreement shall become effective on the 1st day of May, 1999 and
shall remain in full force and effect until the 30th day of April,
2000, and each year thereafter, unless written notice of termination or
desired modification is given at least sixty (60) days prior to any
yearly expiration date by either of the parties hereto."
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This Memorandum of Agreement is subject to ratification by the membership,
approval by the President of the Union, and approval by the Company's Board of
Directors. The Bargaining Committee of the Union hereby agrees to recommend and
to support ratification of this agreement by the members.
/s/ R.J. "Duck" Wurst V.P. /s/ Darrell Olson
------------------------------ -----------------------------
R.J. "Duck" Wurst Darrell Olson
/s/ Tom Welby /s/ Michael VanDervort
------------------------------ -----------------------------
Tom Welby Michael VanDervort
/s/ Jim Langley /s/ Greg Pritchett
------------------------------ -----------------------------
Jim Langley Greg Pritchett
20
Dates Referenced Herein and Documents Incorporated by Reference
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