Attachment_3_-_Fort_Riley_-_CBA_dated_June_1 _2011_-_May_31 _2015.pdf

FORT RILEY, KANSAS AGREEMENT

BETWEEN

LOGISTICAL CUSTOMER SERVICE, INC.

AND

MOTION PICTURE AND VIDEO TAPE

LABORATORY TECHNICIANS, ALLIED CRAFTS

AND GOVERNMENT EMPLOYEES,

LOCAL 780, IATSE

AFL-CIO, CLC

EFFECTIVE

JUNE 1, 2011

To

MAY 31, 2015

ii

Table of Contents Page

ARTICLE 1. RECOGNITION

ARTICLE 2. SCOPE

ARTICLE 3. INDIVIDUAL AGREEMENTS

ARTICLE 4. SUCCESSORS, ASSIGNEES, LESSEES

ARTICLE 5. MINIMUM CLAUSE

ARTICLE 6. BARGAINING UNIT WORK JURISDICTION

ARTICLE 7. SENIORITY

ARTICLE 8. POLYGRAPH TESTS

ARTICLE 9. BULLETIN BOARD

ARTICLE 10. JOB REFERRAL

ARTICLE 11. JOB BIDDING AND POSTING

ARTICLE 12. NO DISCRIMINATION

ARTICLE 13. UNION SECURITY

ARTICLE 14. CHECKOFF

ARTICLE 15. MEETINGS

ARTICLE 16. PAY DAYS

ARTICLE 17. TIME RECORDS

ARTICLE 18. FREE WORK PROHIBITION

ARTICLE 19. WORK SCHEDULE

ARTICLE 20. WORKING HOURS AND OVERTIME

ARTICLE 21. SPLIT SHIFTS

ARTICLE 22. REPLACEMENT AND ADDITIONAL HOURS CALL-IN

ARTICLE 23. AVAILABLE AND ADDITIONAL HOURS

ARTICLE 24. LUNCH PERIOD

ARTICLE 25. REST PERIOD

ARTICLE 26. HOLIDAYS

ARTICLE 27. VACATIONS

ARTICLE 28. HEALTH AND WELFARE BENEFIT

ARTICLE 29. NATIONAL HEALTH LEGISLATION

ARTICLE 30. INJURED ON JOB

ARTICLE 31. BEREAVEMENT

ARTICLE 32. LEAVE OF ABSENCE AND SICK LEAVE

ARTICLE 33. PROMOTION

ARTICLE 34. STORE VISITS

ARTICLE 35. SAVINGS CLAUSE

ARTICLE 36. PICKET LINE CLAUSE

ARTICLE 37. SHOP STEWARDS

ARTICLE 38. NEW UNITS

ARTICLE 39. DISCHARGES AND SEVERANCE NOTICE

ARTICLE 40. WARNING NOTICES

ARTICLE 41. GRIEVANCE

ARTICLE 42. ARBITRATION

ARTICLE 43. PENSION

ARTICLE 44. INCENTIVE PROGRAM

ARTICLE 45. SALARY RATES FOR NEW OR REVISED OCCUPATIONAL

CASSIFICATIONS

ii

ARTICLE 46. TERM OF AGREEMENT

IN WITNESS WHEREOF,

SCHEDULE “A”

COLLECTIVE BARGAINING AGREEMENT

MOTION PICTURE AND VIDEO TAPE LABORATORY TECHNICIANS, ALLIED CRAFTS

AND GOVERNMENT EMPLOYEES, LOCAL 780, IATSE hereinafter collectively referred to as “the Union,” and LOGISTICAL CUSTOMER SERVICE AT FORT RILEY, KANSAS, hereafter referred to as “the Employer,” have agreed as follows:

ARTICLE 1. RECOGNITION

1.1 The Employer recognizes MOTION PICTURE AND VIDEO TAPE LABORATORY

TECHNICIANS, ALLIED CRAFTS AND GOVERNMENT EMPLOYEES, LOCAL 780,

IATSE as the sole Collective Bargaining Agent for all employees within the scope of this Agreement.

ARTICLE 2. SCOPE

2.1 All full-time and regular part-time stockers, stock clerks, custodians, warehouse persons, equipment mechanics and other full-time and regular part-time employees working in the Employer’s commissary located at the Fort Riley, Kansas, but EXCLUDING all office clerical employees, confidential employees, professional employees, guards and supervisors as defined in the Act, and all other employees.

2.2 During the term of this Agreement and any extensions hereof, neither party shall be obligated to bargain collectively with respect to any matter unless specifically required to do so by the express terms of this Agreement.

2.3 The Employer retains all rights not surrendered herein to manage, control, operate or regulate its business and its work force including, but not limited to, the right to schedule work and time off as it sees fit.

ARTICLE 3. INDIVIDUAL AGREEMENTS

3.1 The Employer agrees that no employee shall be compelled or allowed to enter into any agreement individually or collectively, verbally or in writing, which in any way conflicts with the terms and provisions of this Agreement.

ARTICLE 4. SUCCESSORS, ASSIGNEES, LESSEES

4.1 This Agreement and any supplements or amendments thereto, hereinafter referred to collectively as “AGREEMENT” shall be binding upon the parties hereto, their successors, administrators, executors and assignees. In the event the Employer’s business is, in whole or in part, sold, leased, transferred or taken over by sale, lease, assignment, transfer, receivership or bankruptcy proceeding, such business and operation shall continue to be subject to the terms and conditions of this Agreement for the life hereof.

4.2 It is understood by this provision that the parties herein shall not use any leasing or other transfer device to a third party to evade this Agreement. The Employer shall give notice of the existence of this Agreement and this provision to any purchaser, transferee, lessee, assignee, etc., of the business and operation covered by this Agreement or any part thereof. Such notice shall be in writing with a copy to the Union at the time the seller, transferor, or lessor, executes a contract of transaction as herein described. The Union shall be advised of the exact nature of the transaction, not including financial details.

ARTICLE 5. MINIMUM CLAUSE

5.1 The wages, hours and working conditions established in contract will be the minimum allowed. The Employer may place superior wages, hours or working conditions into effect upon notification to the Union.

ARTICLE 6. BARGAINING UNIT WORK JURISDICTION

6.1 Only members of the bargaining unit and service contract supervisors and managers in each commissary shall handle or stock merchandise or perform janitorial services in the service contract area. It is understood that the above shall not apply in new stores or department(s) during the first week after the store or department(s) is opened.

6.2 In the event of violation of this section, the most senior employee working in that classification at the time of the violation shall receive four (4) hours straight time pay or straight time pay in the amount of actual time spent in such violation, whichever is greater. If more than one (1) person is involved in the violation, the two (2) senior employee(s) shall receive the violation pay.

ARTICLE 7. SENIORITY

7.1 The Employer agrees to recognize the seniority of each individual employed under the terms of this agreement. Seniority shall be company wide with the Employer within the county of Geary, and shall date from the individual’s most recent date of employment with the Employer, except as provided below.

7.2 Employees shall not attain seniority until ninety (90) days after employment. Initially, seniority shall be defined as the individual’s length of service with the U.S. Government service contract vendors providing service in the area of commissary stocking or janitorial work effective June 1, 2008 for employees hired on or after that date, seniority will revert to the employees date of hire except as provided below. Seniority ranking for employees commencing employment on the same date shall be determined by the day and month of birth. The employee whose month and date of birth is closest to January 1, within the calendar year, shall have the greatest seniority. If an employee is returned to work after an approved leave of absence or in accordance with Leave of Absence, Article 33, layoff of less than six (6) months, the seniority of such employee shall not be broken by such illness or layoff.

7.3 The Employer and the Union agree that seniority as identified in Section 7.2 of this Agreement shall govern in layoffs (last hired, first laid off), reduction of hours, holidays, Sunday work, vacation and availability of hours including overtime hours available and rehiring employees who have been laid off due to lack of business will be rehired in accordance with seniority.

7.4 Seniority, merit and ability being equal, shall prevail per job classification in case of layoff, increasing of hours and decreasing of hours, increasing or reduction of the workforce, holidays, vacation and including overtime hours available. The employee with the least seniority shall be the first reduced to layoff before a senior employee is reduced in hours. In case of recall, the most senior employee on layoff, shall be the first reinstated. All layoff time shall be credited as accumulated service to the employee affected.

7.5 Involuntary and voluntary transfers: The Employer will first seek volunteers to meet the short term (less than ten (10) working days) needs of the business with the following limitations and under the following conditions:

A. No employee shall be involuntarily transferred outside of their job classification.

B. In the event a transfer is required outside of the job classification, the Employer will first seek volunteers. In the event, no volunteers apply for a transfer; the Employer will secure a new employee to fill the job.

7.6 Recall after layoff shall be achieved by notice directed by telegram, certified or registered mail to the employee’s last known address as furnished by him to the Employer. Employees must report to work within seventy-two (72) hours (or such longer period as may be specified by Employer) after receipt of such notice or lose their seniority.

7.7 The company agrees to post seniority lists by job classification each quarter of the year.

Unless challenged within thirty (30) days to the company office in writing, such list of the seniority will be considered a correct seniority list of the employees affected. A copy will be supplied to the Union.

7.8 Claims respecting seniority shall be processed under the grievance and arbitration hereof and settlement awards may include reinstatement with back pay.

7.9 Loss of Seniority: No employee shall suffer loss of seniority unless he:

A. Is discharged for just cause;

B. Resigns or voluntarily quits;

C. Is absent from work for six (6) consecutive months due to layoff;

D. Fails to return to work upon completion of a leave of absence as defined in Article 33.

E. Fails to report for work when recalled as provided in Article 7.6 of this Agreement.

7.10 Employees desiring available or additional hours up to full-time, shall notify the site manager in writing. The Employer shall utilize such requesting and qualified part-time employees before scheduling less senior employees and/or new hires.

ARTICLE 8. POLYGRAPH TESTS

8.1 The Employer agrees that it will not require any employee or prospective employee to take a polygraph (lie detector), voice stress or any other similar test as a condition of employment or continued employment.

ARTICLE 9. BULLETIN BOARD

9.1 The Employer agrees to provide sufficient space in the facility, for a bulletin board for the posting of official Union notices. Such notices shall contain only matters of official Union business.

ARTICLE 10. JOB REFERRAL

10.1 Unemployed List: The Union agrees to keep an up to date list of known unemployed with an accurate record of their experience or training, and the employer agrees to notify the union of vacancies in positions or job openings within the classifications covered by this agreement in order that the unemployed on the aforementioned list may be provided with a full opportunity to fill such vacancy. Employer has the right to hire from any source.

10.2 Registrations: The Union agrees to accept registrations for employment upon each list so maintained, and to dispatch applicants for employment from said lists for vacancies or job openings with the Employer in accordance with his specification and this Agreement.

10.3 Previous provable comparable experience of new or rehired employees in the industry shall be credited, provided such past experience is claimed by the employee on his/her employment application setting forth the experience being claimed.

10.4 So long as the Union supplies Employer with appropriate forms, postage prepaid, Employer will notify the Union in writing within five (5) calendar days when new regular or new part-time employees are hired or terminated.

ARTICLE 11. JOB BIDDING AND POSTING

11.1 Vacancies and New Position Openings: The existence of any permanent vacancy or new position within the bargaining unit shall be posted on the Bulletin Board. The posting will contain information as to job classification, requirements, qualification, job descriptions, department in which job is located, shift, pay rate and posting termination date. A copy of which will be submitted to the Union. The notice shall be posted for ten

(10) working days exclusive of the day of posting.

11.2 Applications:

A. Applications shall be submitted in writing by employees within the bargaining unit and must be received by the Employer no later than the close of the day the posting terminates. The Employer will immediately issue a receipt for said application with a copy to the Union at the end of the posting period.

B. The Employer will fill vacancies based on seniority, merit and ability being equal, and qualifications by the following priority: First employees from the department or classification in which the vacancy exists, second the employees from other classifications performing or having performed similar job functions, third from other employees from the bargaining unit, and fourth other applicants.

C. Filling of Vacancy - Time Limit: All vacancies filled by posting shall be filled within fifteen (15) days of the date of job was posted on the bulletin board. The Union will be notified of the person selected to fill the job vacancy.

D. Temporary Filling of Vacancy: The Employer may temporarily fill a vacancy between the time the vacancy occurs and the time the appointment is made. In no event shall the temporary filling of a vacancy be for more than ten (10) days, unless agreed to by the parties.

E. Failure to Qualify for Job: An employee who fails to have the ability to handle a job obtained through job posting or who desires to return to his previous position during a thirty (30) working day period, shall return to his former job classification and rate of pay and department seniority. It is understood that employees will be trained during the above time period.

ARTICLE 12. NO DISCRIMINATION

12.1 No employer shall discriminate against any employee or applicants because of union activity or membership.

A. The employer and the union agree that each will not discriminate against any employee because of such person’s race, religion, color, national origin, sex, age or handicap in accordance with the current Federal EEOC requirement; or disability unrelated to performance of essential function of the job.

B. Americans With Disability Act: When the employer determines that the seniority or other provisions of this agreement conflict with the “Reasonable Accommodation” or other provisions of The Americans with Disabilities Act (ADA), the employer and union agree to meet in good faith effort to reasonably accommodate the disabled employee.

12.2 When the gender term “he” or “she” is used within this agreement, it is for explanatory purposes only and does not refer to the actual sex of any person.

ARTICLE 13. UNION SECURITY

13.1. Union Representation. All employees identified in the occupational classifications set forth in Schedule A will be informed that the union is the sole and exclusive collective bargaining agency for the employees in the bargaining unit and, accordingly, they will be represented by the union. They will be given a copy of the Collective Bargaining Agreement and will be referred to the appropriate union representative for information as to membership and checkoff of union dues.

13.2 Agency Shop.

A. Membership in the Union is not compulsory. Employees have the right to join, not join, maintain or drop their membership in the union, as they see fit. Neither party shall exert any pressure on or discriminate against an employee as regards such matters.

B. Membership in the Union is separate, apart, and distinct from the assumption by an employee of an equal obligation, to the extent that said employee receives equal benefits. The union is required under this agreement to represent all of the employees in the bargaining unit fairly and equally without regard as to whether or not an employee is a member of the Union. The terms of this agreement have been made for all employees in the bargaining unit and not only for members in the union and this agreement has been executed by the employer after it has satisfied itself that the union is the choice of a majority of the employees in the bargaining unit. Accordingly, it is fair that each member of the bargaining unit pay his or her own way and assume a fair share of the obligation along with the grant of equal benefit contained in this agreement.

C. In accordance with the policy set forth under subparagraphs (13.2.A) and (13.2.B) of this Article, all employees in the bargaining unit, as a condition of continued employment, pay to the union, the employee’s exclusive collective bargaining representative, an amount of money equal to that paid by other employees in the bargaining unit who are members of the union (except initiation fees) which shall be limited to an amount of money equal to the union’s regular and usual dues, including its general and uniform assessments which are part of dues.

ARTICLE 14. CHECKOFF

14.1 Upon receipt of an employee’s written authorization, which shall not be irrevocable for more than one year, or beyond the termination date of this agreement, whichever occurs sooner (when revocation is not otherwise provided for by local law), the company shall deduct from such employee’s wages, in accordance with this agreement, if he so authorizes, the employee’s union dues and remit same to the duly authorized representative of the union, together with a list of the names of the employees from whose pay deduction was made. Such a written authorization may be revoked by the employee by written notice by registered mail received by the company during the ten day period prior to the end of any such applicable yearly period or during the ten day period prior to the termination date of any applicable collective bargaining agreement, whichever occurs sooner. The company shall notify the union of such revocations not later than one day following receipt of same. In the absence of such notice of revocation, the authorization shall be renewed for successive yearly periods or until the end of the collective bargaining agreement, whichever occurs sooner. The union agrees to hold the company free from all liability in connection with dues collections except for ordinary diligence and care in transmittal of the monies to the union.

Contributions, gifts or dues paid to Motion Picture and Video Tape Laboratory Technicians, Allied Crafts and Government Employees, Local 780 Union are not tax deductible as charitable contributions. However, they may be tax deductible as ordinary and necessary business expenses.

14.2 Discharges. Employees who fail to pay an amount of money equal to that paid as regular and usual dues to the union (including an amount equal to the union’s general and uniform assessments which are part of dues), and/or any member who fails to maintain his membership in good standing, shall forfeit the right of continued employment.

Accordingly, the employer shall discharge such employee within seven (7) days of being notified by the union in writing as to the failure of said employee to maintain such payments. The requirements of maintaining a membership, shall be consistent with Federal Law.

14.3 Notice. The employer shall advise the union of the employment of employees subject to this agreement, setting forth the employee’s name, residence address, date of employment, and classification of work assigned. Said notice shall be given within seven (7) days of the hiring of the employee.

ARTICLE 15. MEETINGS

15.1 Time spent by employees in the attendance of company or store meetings, or training shall be compensated for at straight or overtime rates of pay as provided in this agreement, whichever of such rates shall be applicable.

ARTICLE 16. PAY DAYS

16.1 Shall be twice (2) a month. (Current practice is the 1st and the 15th of the month).

ARTICLE 17. TIME RECORDS

17.1 The Employer agrees to keep records of time worked by all employees in such a manner as is prescribed by the applicable provisions of the Fair Labor Standards Act, whether or not that Act actually applies to the employer.

17.2 The Employer shall utilize the time clock which will be used for the purpose of keeping accurate records of the hours worked by each employee. Any alterations will be made in a different colored ink and initialed by the manager and the affected employee.

17.3 Upon request, the Employer shall permit the union to examine the payroll records of the employees in the bargaining unit at reasonable times during the regular scheduled working hours.

17.4 Under no circumstances is an employee permitted to clock in or out for another employee. Any employee found by management, the employees, or the Union to be engaging in such unauthorized practice shall be subject to discipline, which may include termination. If employees clock in or out incorrectly, the employee must consult the manager for correction.

ARTICLE 18. FREE WORK PROHIBITION

18.1 There shall be no “Free” or “Time-off-the-clock” work practices under this Agreement.

ARTICLE 19. WORK SCHEDULE

19.1 Work Schedule: The Employer shall post in ink or other permanent means, in each store, the current work schedule for all employees who work twenty-five (25) or more hours per week for four out of six weeks prior to the schedule posting date. The schedule shall be posted by no later than Thursday, 9:00 P.M. of the week preceding the scheduled work week. The schedule shall list the names of the employees in accordance with seniority. All hours, starting time and days off for the week shall be posted on the schedule. Work schedules shall be maintained in the store for a three (3) month period of time, and shall be made available to an authorized representative of the Union for examination upon request. Schedules must be posted on the bulletin board.

The work schedule shall not be changed except in case of illness, accidents, acts of God, and the mutual consent of the parties.

19.2 All available work hours per week in any given occupation would be equally distributed between the employees in said occupation.

ARTICLE 20. WORKING HOURS AND OVERTIME

20.1 Work Day: A day’s work shall be constituted by the hours posted on the work schedule.

20.2 Employees will be paid time and one-half (1 1/2) their average rate of pay for work in excess of forty (40) hours per week.

ARTICLE 21. SPLIT SHIFTS

21.1 Employees shall not be required to work split shifts.

ARTICLE 22. REPLACEMENT AND ADDITIONAL HOURS CALL-IN

22.1 Call-in hours are defined as replacement hours occasioned by the absence of an employee. The Employer will make a reasonable effort to call in employees in accordance with seniority.

22.2 Call-In Procedures: The Employer will provide its current telephone and page numbers to the employees.

ARTICLE 23. AVAILABLE AND ADDITIONAL HOURS

23.1 Available hours shall be defined as work hours posted on the weekly work schedule, plus additional work hours added after the work schedule is posted.

ARTICLE 24. LUNCH PERIOD

24.1 Employees working six (6) hours or more, but less than eight (8) hours per day shall be scheduled for a one-half (1/2) hour, one hour (1) (with twenty-four (24) hours advance notice), or no lunch period as mutually agreed. In case of an eight (8) hour shift, the lunch break shall be scheduled no earlier than three (3) hours, after the beginning of the shift and not later than five (5) hours after the start of the shift.

ARTICLE 25. REST PERIOD

25.1 Employees working more than seven hours in a work day shall be given two (2) ten (10) minute rest periods during the work day, one in the first part of the day and the other in the second part of the day. Employees working less than seven (7) hours in a work day shall be given one (1) ten (10) minute rest period during such work day. No rest period shall be scheduled until the employee has worked at least two (2) hours. If an employee is scheduled to work two (2) hours or more overtime beyond the end of his regular straight time shift, he shall be given an additional ten (10) minute rest period at the end of his regular straight time shift.

ARTICLE 26. HOLIDAYS

26.1 The Employer agrees to observe the following holidays. The below holidays shall be paid holidays.

New Year’s Day Memorial Day Veterans Day Martin Luther King, Jr. Day Independence Day Thanksgiving Day

Presidents Day Labor Day Christmas Day Columbus Day

26.2 All employees, who have worked a minimum of thirty (30) days for the Employer, shall receive holiday pay pro-rated. Holiday pay shall be determined by the number of hours which an employee receives during the work week prior to the recognized holiday.

Holiday pay shall be calculated as follows, (Hours worked prior to the week of the holiday divided by forty (40) times eight (8) equals holiday hours.) Providing they work their regularly scheduled work day preceding and following the holiday, authorized absence shall not deprive an employee of holiday credits established herein.

26.3 It is understood and agreed that holidays not worked shall not be considered as days worked for the purpose of computing weekly overtime.

26.4 If any of such holidays occur within an employee’s vacation period, the employee shall be given, at the employee’s option, an extra day off with pay or an extra day’s pay.

26.5 Time worked on any of the holidays described above shall be compensated at the employee’s basic or straight time hourly rate and such pay shall be in addition to any holiday pay to which the employee may be entitled.

ARTICLE 27. VACATIONS

27.1 All employees shall be entitled to receive paid vacation, the pay based on the average number of hours paid per week during their qualifying year. The number of weeks determined by the schedule as set forth below.

27.2 After one (1) year of continuous government service contract employment at Fort Riley two (2) weeks of paid vacation, following the employee’s first anniversary date of employment.

27.3 After five (5) years of continuous government service contract employment at Fort Riley three (3) weeks of paid vacation annually following the employee’s second anniversary date of most recent employment.

27.4 After fifteen (15) years of continuous government service contract employment at Fort Riley four (4) weeks of paid vacation annually following the employee’s fifth anniversary date of most recent employment.

27.5 Vacation pay shall be calculated as follows, gross pay received in the qualifying year divided by fifty-two (52) times vacation weeks plus the percentage increase for the current year if any.

27.6 Employees who have earned a vacation shall receive their pay in advance, if requested at least four (4) weeks in advance of their scheduled vacation period.

27.7 Vacation shall be taken at any time during the year in which an employee is entitled to a vacation. Vacation week(s) shall be selected by April 1 of each calendar year by the employees in accordance with seniority. Vacation week(s) not selected by April 1 shall then become on a first come first serve basis. Vacations shall not be selected more than one (1) year in advance.

27.8 All vacations must be taken within an employee’s anniversary year and may not be accumulated from one anniversary year to the next, unless mutually agreed in writing by the Employer, employee, and the Union. Employees must take their vacations-not money in lieu of their vacations.

ARTICLE 28. HEALTH AND WELFARE BENEFIT

28.1 Contribution Rates: For contribution rates see Schedule “A”, Paragraph “A” & “D”.

Beginning June 1, 2011 and until a majority of the bargaining unit employees vote to approve a medical insurance plan or the Government mandates a plan, unit employees will receive the Health and Welfare benefit on their paycheck.

28.2 Absence from work by bargaining unit employee(s) by reason of paid vacation, paid holiday, approved family leave of absence, paid sick leave, paid bereavement leave (or for any other purpose resulting in W-2 pay) shall be considered as time worked for the purpose of this Article and contributions shall be made for such employees.

28.3 In the event that the Parties decide to provide a medical plan and, only after a majority of the bargaining unit employees vote to approve a medical plan, the Employer agrees to Participate in the Local 780 Health and Welfare Fund. The parties agree to be bound by all of the terms and provisions of the Local 780 Health and Welfare Fund Trust Agreement and declaration of Trust and any current or future amendments, (“The Trust Agreement”). The Employer and the Union, respectively, further agree to accept the current members of the Board of Trustees and agree to accept of said Fund, the successors of such Trustees selected in the manner provided by said Trust Agreement, and said parties further agree to be bound by all acts that the Trustees performed pursuant to said Trust Agreement.

28.3.1 Employees are eligible for benefits under the Local 780, IATSE Health and Welfare Fund (“Welfare Fund”) on the first (1st) day of the second (2nd) consecutive month for which contributions are due on the employee’s behalf.

28.3.2 Contributions to the Local 780 Welfare Fund shall be due and payable on or before the twentieth (20th) day of each month following the month in which the contributions were earned and shall become delinquent after the twentieth (20th) of said month, and the Employer’s failure to make such payment shall be a violation of this Agreement.

28.3.3 In the event the Employer becomes delinquent in payment of contributions owed to the Fund for two (2) or more consecutive months, and the Union, has so notified the Employer by certified or registered mail, or personal service of the written notice, and the Employer does not then make the required payments due and owing within five (5) working days, the Union may then take whatever economic action it may deem necessary nothing in this Agreement shall be deemed to be contrary or shall prohibit such action. In the event the Union undertakes such economic action against the Employer, those employees engaged in that action and who report to the Union Hall, shall suffer no loss of pay, but shall continue to be paid their regularly scheduled hours, up to forty (40) hours per week until such time as the Employer has paid in full the monies due and owing to the respective Trust.

28.3.4 It is agreed that the Local 780 Welfare Fund shall comply with all applicable Federal and State laws.

ARTICLE 29. NATIONAL HEALTH LEGISLATION

29.1 In the event of the passage of federal legislation during the term of this Agreement, implementing a national program, the Employer shall assume the entire cost thereof. If such national health program does not provide the same level of benefits that is currently enjoyed by the employee, the Employer shall continue to pay the contributions to the then agreed health and welfare program as will be sufficient to fund the difference in benefits.

ARTICLE 30. INJURED ON JOB

30.1 An employee who is injured on the job and is required to leave his work to receive medical attention or hospitalization shall receive full pay for that day, based on the daily average hours from the previous pay period.

ARTICLE 31. BEREAVEMENT

31.1 The Employer agrees to give time off to all employees for necessary absence on account of death in the immediate family up to as required, but not to exceed two (2) scheduled work days at straight time pay, pro-rated to be determined by number of hours which the employee averages during the normal work week immediately preceding the leave to begin. Employer can request certified documentation.

31.2 The term “Immediate Family” shall mean Mother, Father, Spouse, Children, Grandparents, Grandchildren and Siblings.

31.3 Extended Bereavement Leave: Extended bereavement leave as vacation or as leave without pay may be granted, if requested, after funeral leave pay ceases.

31.4 However, no employee shall be entitled to more than three (3) bereavement leaves during the term of this Agreement.

ARTICLE 32. LEAVE OF ABSENCE AND SICK LEAVE

Employees employed by the Employer shall be entitled to written leave of absence for the following reasons:

32.1 Illness or injury, including pregnancy, of the employee is required to fill out leave of absence from work. Such absence shall be for a period of up to thirty (30) days. Leaves of absence can be resubmitted every thirty (30) days up to six (6) months.

Each employee will be granted a leave of absence on a case by case incident. Before returning to work, each employee must submit a “Fitness for Duty Certification” completed by employee’s physician. All jobs at the commissary require lifting 80 – 100 lbs at any time.

32.2 An employee upon becoming pregnant shall be granted a leave of absence. Such leave will commence as of the date the doctor decided the employee should no longer work and will expire as soon after the termination of pregnancy as the employee’s doctor shall decide that the employee may safely return to work. In no event shall the total leave exceed one (1) year.

32.3 Military service by the employee.

32.4 Employees who are elected or appointed to a full-time position with the Union, upon proper notice shall be granted a leave of absence without pay and without loss of seniority earned in the bargaining unit. Upon thirty (30) day’s notice of their desire to return to work for the Employer, such persons shall be placed upon their jobs previously held, or one of equal pay, provided they are capable of performing the work. It is understood that there shall be no accrual of seniority during the aforementioned leave of absence.

32.5 Employees who accept a position with management outside the bargaining unit shall be placed on leave of absence. In the event such employees are returned to work in the bargaining unit they shall retain the seniority formerly earned in the unit but shall not accrue seniority during the absence.

32.6 Personal leave, not to exceed three (3) months. The employer agrees to provide family leaves of absence, as prescribed by the Family and Medical Leave Act.

32.7 Any other reason acceptable to the Employer, not to exceed six (6) months.

32.8 Upon return to work from a leave of absence, the employee shall be restored to the job previously held, hours scheduled or to a job comparable with regard to work and rate of pay. Upon notice of the employee’s availability for work prior to P.M. Wednesday of any week, the employee shall be restored to work to begin not later than Monday following the giving of such notice. If the notice of availability for work is given after Wednesday, P.M. of any week, the employer is required to schedule the employee on the schedule prepared for the following week, and the employee will begin work the Monday thereafter.

32.9 The employee must be qualified to resume his/her regular duties upon return to work from an approved leave of absence. A doctor’s certificate verifying the employee is able to resume his normal duties may be required by the employer.

32.10 Any employee proving to falsify leave of absence will be subject to immediate termination.

32.11 All leaves of absence are to be requested in writing and shall state 1) the reason, 2) date leave is to begin, 3) expected date of return to work. Leave of absence shall be granted in writing.

32.12 Sick Leave

A. Effective June 1, 2011, upon approval of the immediate supervisor, an employee who has been employed by the company for six (6) months or more after that event, shall be paid for absence due to personal illness at the employee’s basic rate of pay. Employees will receive one day sick leave per six months based on the average hours worked per day from the previous month. Employees will be entitled to earn up to two (2) days sick leave per year; for the first year June 2011

– May 2012. The remaining years an employee will receive sick leave at a rate of one day for every 4 months worked based on an average work day.

B. Sick leave must be earned by employment with the employer. Employees will receive one-half day sick leave per month based on the average hours worked per day from the previous month. Employees will be entitled to earn up to three

(3) days sick leave per year.

C. All unused sick leave will be carried over to the next year. An employee can accrue up to (6) days of sick leave. All unused sick leave at the end of the contract will be forfeited.

D. Sick leave pay to the extent it has been earned shall begin on the First (1st) day of illness or accident, and shall continue for each regular scheduled work day which said employee misses because of said disability until the employee’s accumulated sick leave benefits have been exhausted.

E. Sick leave benefits will be paid only with respect of a work day on which the employee would have otherwise worked, and will not apply to any employee’s scheduled day off, holidays, vacations or any other day on which the employee would not have worked.

F. Sick leave pay, to the extent it has been earned, will be integrated with payments under any Federal or State Workers’ Compensation program. Employer paid Health and Welfare program or other Disability program to which the employer contributes, so as not to permit the employee to receive more than the equivalent of the forty (40) hours pay for any week in which the employee is off work.

G. A doctor’s certificate or other authoritative verification of illness or accident may be required by the employer, and if so, must be presented by the employee prior to return to work if requested by the employer. Any employee found to have abused sick leave benefits by falsification or misrepresentation shall thereupon be subject to disciplinary action, which may include termination.

ARTICLE 33. PROMOTION

33.1 Where an employee who has been promoted to management is unable to perform the duties of the higher classification, he shall have the right to be demoted to his former or equivalent position without loss of seniority, and his right to such employment shall not be jeopardized by reason of such demotion.

ARTICLE 34. STORE VISITS

34.1 Representatives of the Union shall have the right to contact employees during the store hours as long as such contacts shall not interfere with the duties of the employees, and as long as the management has been advised of their presence on the premises, before any employees can be contacted.

ARTICLE 35. SAVINGS CLAUSE

35.1 The provisions of this Agreement are deemed to be separable to the extent that if and when a court of last resort adjudges any provision of this agreement in its application between the Union and Employer to be in conflict with any law, such decision shall not affect the validity of the remaining provisions of this Agreement; but such remaining provisions shall continue in full force and effect provided further, that in the event any provision or provisions are so declared to be in conflict with a law, both parties shall meet within thirty (30) days for the purpose of renegotiating an Agreement on the provision or provision so invalidated.

ARTICLE 36. PICKET LINE CLAUSE

36.1 Notwithstanding any other provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any person covered by this Agreement to refuse to cross any picket line, to work behind any picket line. Any such refusal shall not constitute grounds or cause for discharge, layoff, demotion, suspension or any other disciplinary action by the employer.

ARTICLE 37. SHOP STEWARDS

37.1 The Union shall have the right to appoint an employee representative in each of the stores, who shall be recognized by the Employer as having authority to report irregularities in interpretation or application of this agreement to the Union and to assist the staff of the Union in the adjustment of grievances. Said representative shall not be discriminated against for discharging duties assigned by the Union, it being understood that performance of such duties shall not materially interfere with performance of the employee’s normal duties.

ARTICLE 38. NEW UNITS

38.1 New Units - In the event an Employer is awarded new unit(s) or department(s), said unit(s) or department(s) will be staffed by existing employees in accordance with the following procedures:

38.1 The Employer will post in each of the Employer’s stores notice of the new store or department opening at least eight (8) weeks prior to the store or department opening date. The notice shall remain posted for at least fifteen (15) days including the date of posting and give a full description of each position to be filled and the anticipated number of full-time and the number of part-time jobs in each area of the unit. Further, the posted notice shall advise the employees that they can bid on the positions at the new unit by signing the notice for the posted positions. Time is of the essence, however, the parties by mutual consent in writing may extend or waive the time set forth herein.

38.2 All positions will be filled in accordance with the seniority of the bidding employees. All positions not filled shall be offered to employees on layoff status in accordance with seniority.

38.3 The Employer shall not hire new employees for the new unit or department until they have complied with the above procedures.

38.4 Employees transferred from existing stores or departments to a new unit or department that is opened shall, if subject to lay-off within a period of ninety (90) days after the store or department is opened shall have the right to return to the store from which transferred and assume the job that their seniority warrants.

ARTICLE 39. DISCHARGES AND SEVERANCE NOTICE

39.1 Employer agrees to give Union reasons in writing for discharge on request.

39.2 In the event of layoffs or discharges attending a reduction of force, each employee to be so laid off or discharged shall be given notice within seventy-two (72) hours after notification from the DECA contracting office to employer. The employee shall be given his vacation pay, then due.

39.3 If any employee gives two (2) weeks’ notice of voluntary quit, they shall be allowed to work for that period provided they continue to perform satisfactorily. Unsatisfactory performance shall be subject to the grievance procedure.

ARTICLE 40. WARNING NOTICES

40.1 The Employer will not impose any form of discipline without just cause. If just cause exists, the following formula of progressive discipline shall be applied for each infraction except on the job infractions of dishonesty; theft; drunkenness; fighting; possession, use, or sale of illegal drugs; endangering the safety of other persons; working off the clock;

or, gross insubordination:

A. Verbal warnings (employees have the right to request Union representative at the meeting).

B. One (1) written warning.

C. Suspension (2 day limit). (Suspension for like infraction as outlined in the written warning).

D. Discharge.

40.2 The warning notices as herein provided shall not remain in effect for a period of more than one (1) year, except that written warning notices for sexual harassment or other equal employment opportunity violations will be permanent.

40.3 Employee can notify a representative of the Union to be present at each Step B, C, and D of the above disciplinary procedures.

40.4. The failure of the Union to protest any constructive action issued an employee shall not be deemed as an admission on the part of the Union or the employee as to the truth of the content of such warning or the propriety of its issuance.

40.5 Warnings must be issued within five (5) days of the offense.

40.6 Employees who do not come in on their scheduled work day, and who have not informed their supervisor or project manager prior to their clock-in time that they are going to be absent, will be considered to have abandoned their position, as a voluntary quit.

ARTICLE 41. GRIEVANCE

41.1 For the purpose of this agreement the term “Grievance” means any dispute between the Employer and the Union, or between the employer and any employee concerning the effect, interpretation, application, claim of breach or violation of this agreement.

Grievances involving improper discharges or other disciplinary suspension shall be filed within ten (10) calendar days after the incident occurs. All other grievances must be filed within ten (10) calendar days of the event or occurrence upon which the grievance is based, or within ten (10) calendar days of when the employee or a Union representative knew or should reasonably have known of such event or occurrence.

41.2 All grievances shall be presented to the Employer or the Union, as the case may be, within the time limit herein before set forth. Said grievance shall be settled in accordance with the following grievance procedure:

STEP A: The matter shall first be raised verbally by the aggrieved employee or by a representative of the Union with the manager. The manager shall give his verbal answer to the grievance, either settling or not settling the grievance, within two (2) working days of its presentation.

STEP B: If the grievance is not settled in STEP A, the grievance shall be reduced to writing and presented by the proper Union official and/or the aggrieved employee to the management representative. The company will give its written answer, either settling or not settling the grievance, within three (3) working days of its presentation.

STEP C: In the event the grievance is not settled in STEP B, then either party reserves the right and authority to submit such grievance or dispute to arbitration in the manner hereinafter provided.

41.3 Appeals from one step to the other in the above procedure when grievances are not settled shall be made within five (5) days after the answer or decision is received.

41.4 Either party to this agreement shall be permitted to call any witnesses at each and every step of the grievance procedure. The Employer, on demand, will produce production, payroll, and other pertinent records for the purpose of substantiating the contentions or claims of the parties.

41.5 The local Union Business Representative shall determine the extent to which a grievance may be processed.

41.6 The parties hereto agree that the time allowed to process grievances under this Article is adequate. If the Union fails to process a grievance within the time limits specified herein, the grievance is ended. If the Employer fails to answer a grievance within the time limits specified herein, the grievance will be deemed substantiated and the employee shall be made whole. By mutual agreement between the Employer and Union the time limits specified herein may be extended.

41.7 The grievance procedure and arbitration provided for herein shall constitute the sole and exclusive method of determination, decision, adjustment, or settlement between the parties of any and all grievances as herein defined; and the grievance procedure and arbitration provided for herein shall constitute the sole and exclusive remedy to be utilized by the parties hereto and all grievances as herein defined.

ARTICLE 42. ARBITRATION

42.1 In the event a grievance or dispute is submitted to arbitration the following procedure shall be used.

STEP A: The Federal Mediation and Conciliation Service shall be requested to submit to both parties the names of seven (7) persons qualified to arbitrate.

STEP B: Within ten (10) days after receiving the list the parties will meet and determine by lot the order of elimination, and thereafter each shall alternately in that order eliminate one name until only one remains. The seventh or remaining person shall be accepted by both parties as the arbitrator.

42.2 The arbitrator shall render his decision within thirty (30) calendar days after the close of the hearing, and such decision shall be binding upon the parties and shall be complied within five (5) days after receipt of the decision.

42.3 The arbitrator shall not have the power or authority to add, to subtract from, or modify the terms of this agreement.

42.4 Expenses and compensation of the arbitrator shall be divided equally between the company and the union.

42.5 Unless otherwise e stated, any period of time specified herein shall not include time on any Saturday, Sunday, or Holiday.

ARTICLE 43. PENSION

43.1 Pension Fund Contribution Rates – See Schedule “A” Paragraph B.

43.2 The Employer agrees to be bound by the Motion Picture Laboratory Technicians and Film Editors Local 780 Pension Fund Trust Agreement, as it may be amended from time to time, and accepts the appointment of the current Employer Trustees and their successor Trustees.

43.3 In the event an employer becomes delinquent in payment of monies owed to the Pension Fund for two (2) or more consecutive months, and the union, has so notified the employer by certified or registered mail, or by telegram of his delinquency, and the employer does not then make the required payments due and owing within five (5) working days, the union may then take whatever economic action it may deem necessary and nothing in this agreement shall be deemed to be contrary or shall prohibit such action. In the event the union undertakes such economic action against the employer, those employees engaged in that action shall suffer no loss of pay, but shall continue to be paid their regularly scheduled hours, up to forty (40) hours per week until such time as the employer has paid in full the monies due and owing to the respective trust.

43.4 The Pension payment shall be due and payable on the twentieth (20th ) day of each month following the month in which the hours establishing eligibility are worked, and shall become delinquent after the twenty-fifth (25th) of said month, and the employer’s failure to make such payment shall be a violation of this agreement. Such employee must be included and paid for, even though that employee may have terminated before the end of such preceding month.

43.5 It is agreed that the Pension Fund shall comply with all applicable federal and state laws and shall qualify for tax-exempt status under the rules and regulations of the Internal Revenue Service.

ARTICLE 44. INCENTIVE PROGRAM

44.1 The Union hereby acknowledges the current incentive programs established at this site.

Any and all current incentive programs agreed upon at this time will remain in accordance with the terms set forth in this Agreement.

ARTICLE 45. SALARY RATES FOR NEW OR REVISED OCCUPATIONAL

CASSIFICATIONS

45.1 In the event the…