20191114_CBA.pdf

ARTICLE

ARTICLE 1

ARTICLE 2

ARTICLE 3

ARTICLE 4

ARTICLE 5

ARTICLE 6

ARTICLE 7

ARTICLE 8

ARTICLE 9

ARTICLE 10

ARTICLE 11

ARTICLE 12

ARTICLE 13

ARTICLE 14

ARTICLE 15

ARTICLE 16

ARTICLE 17

ARTICLE 18

ARTICLE 19

ARTICLE 20

ARTICLE 21

PURPOSE

RECOGNITION

GRIEVANCE & ARBITRATON

NO STRIKE & NO LOCKOUT

MANAGEMENT RIGHTS

EMPLOYEE STATUS

PROBATION

PROMOTION

LAYOFF & RECALL

HOURS OF WORK

HOLIDAYS & HOLIDAY PAY

VACATION

LEAVE OR PERSONAL ABSENCE

BEREAVEMENT LEAVE

JURY DUTY

UNION VISITATION

CHECK OFF

BULLETIN BOARDS

RIGHT TO HIRE

MANAGEMENT WORKING

NON DISCRIMINATION

PAGE

UFCW Local 312

ARTICLE 22

ARTICLE 23

ARTICLE 24

ARTICLE 25

ARTICLE 26

ARTICLE 27

ARTICLE 28

ARTICLE 29

HEALTH AND WELFARE -

RETIREMENT

WAGES

SICK LEAVE

REST PERIOD

SHOP STEWARD

SAVINGS & SEPARABILITY

DRUG TESTING

DURATION

UFCWLocal312

Agreement made this 3rd day of September, 2019 by and between LOCAL 312, UNITED FOOD AND COMMERCIAL WORKERS, and any successors due to merger or acquisition, with is principal place of business located at 400 State Route 34 Suite D Matawan, NJ 07747 (hereinafter called the "UNION") and PENN ENTERPRISES, INC. having its principal place of business located at:

5260 S. STONEHAVEN DR.

SPRINGFIELD, MO 65809

(hereinafter called the "EMPLOYER")

WITNESSETH

In consideration of the mutual covenants, provisions and conditions of this agreement and other good and valuable considerations, the parties hereto agree as follows:

ARTICLE 1.

PURPOSE

It is the general purpose of this agreement to promote the mutual interests of the Employer and its employees and to provide for the operation of the Employer's business under methods which will further, to the fullest extent possible, the safety of the employees, economy and efficiency of operations, elimination of waste, realization of maximum quantity and quality of output, cleanliness, protection of property and avoidance of interruptions to production and delivery. The parties to this agreement will cooperate fully to secure the advancement of these purposes.

ARTICLE 2.

RECOGNITION

The Employer recognizes the Union as the sole and exclusive representative of all full time and regular part time employees, who are employees and employed in the WEST POINT Laundry/Dry Cleaning GOCO division of the Employer, for the purpose of collective bargaining with respect to rates of pay, hours of employment, and other terms and conditions of employment per NLRB Certification Case 2-RC-19901. In case the Union shall be certified as the bargaining representative for additional unit(s) with the Employer, the terms of this agreement or any new agreement will be discussed at the time said certification or recognition becomes effective.

The Union promises that during the term of this agreement, it will not seek to arrange, petition to represent or accept into membership any employees of the Employer in its Laundry GOCO division at West Point, N.Y., who are excluded from this recognition.

Section 1. The Employer grants to the Union the maximum Union Security permissible under applicable law.

Section 2. All present employees covered by this agreement who are members of the Union, as a condition of continued employment, shall maintain such membership in good standing in the Union. All present employees who are not members of the Union shall be required to become members in good standing, as a condition of continued employment, after the thirtieth (30th) day following the execution of this agreement or its effective date or their date of employment, whichever is later. All employees thereafter hired shall be required as a condition of continued employment to join and become members in good standing of the Union on or after the completion of their thirtieth (30th) day of their employment and to thereafter maintain membership in good standing in the Union.

"Good Standing," for the purpose of this agreement shall mean the payment or tender of periodic dues and initiation fees uniformly required by the Union and allowed by law.

The Employer shall discharge any employee covered by this agreement within one (1) week after receipt of written notice from the Union that said employee has not paid required dues and/or initiation fees under this agreement.

It is agreed by both the Union and the Employer that the non-supervisory office personnel are covered by this agreement, and that supervisory office employees as designated by management are not covered by this agreement.

Section 3. All employees covered by this agreement, which contains a Union Security clause, are required, as a condition of employment, to pay dues or fees to the Union. This is the only obligation under such Union security clause. Employees who are members pay dues while those employees who are nonmembers pay an equivalent fee.

However, nonmembers may file objections to funding expenditures that are not germane to the collective bargaining process and thereby nonmembers are only obligated to pay that percentage of the fees representing expenditures germane to the collective bargaining process. Employees who elect to file such objections may do so once a calendar year during the month of January. At that time, such employees are required to advise, in writing, the Union of their wish to become nonmembers and to request a description of the procedures which must be followed. Upon doing so, besides being sent the procedures, they will also be sent information on how fees payers may object to funding expenditures not germane to the collective bargaining process.

Section 4. Examples of expenditures germane to the collective process are those made for the negotiation, enforcement and administration of collective bargaining agreements; meetings with Employer and Union Representatives, proceedings on behalf of workers under the grievance procedure, including arbitration, servicing internal Union administration, and other matters related to the above activities. Examples of expenditures non-germane to the collective bargaining process are those made for political purposes, for general community service, for non-worker related legislative activities, for member's only benefits, and for certain affiliation costs.

UFCWLoca!312

Section 5. As non-members, employees will not be eligible to participate in contract negotiations, vote on the terms of a contract, participate in strike votes, or participate in any Union business.

Section 6. The failure of a person to become a member in good standing of the Union at the required time, or to fail to maintain his/her Union membership in good standing as that term is defined herein, 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 others members, forthwith to discharge such person.

Section 7. Commencing with the first payroll period in each month, the Employer shall deduct from their wages and pay over to the Union the regular monthly dues or fees of all employees who have authorized the Employer to do so by individual written authorization satisfactory to the Employer for the purpose of this agreement.

Section 8. If the Employer fails to deliver the monthly Union dues to the Union by the last day of the month in which the dues are due as provided above, a late penalty of interest at the rate of 1.5 percent per month, shall be imposed upon the Employer until the payment is made.

ARTICLE 3.

GRIEVANCE & ARBITRATION PROCEDURES

A formal grievance is a written dispute, claim or complaint arising under during the term of this agreement and is filed by either an authorized representative of or an employee in the bargaining unit. Grievances are limited to matters of interpretation or application of express provisions of this contract. It is expressly agreed however, that any complaint by an employee against the Employer about or arising out of the employment relationship covered by this agreement, or the severance or termination of the relationship or the reasons thereof, including claims under any Service Letter Statue or other similar claims, are matters which must be processed exclusively through this grievance and arbitration procedure and not otherwise.

No grievance shall be processed based on facts or events which have occurred prior to five (5) working days before the grievance is filed. Grievances shall be process from one step to the next within five (5) working days. Any grievance upon which a disposition is not made by the Employer within such time limits, or any extensions which may be agreed to, may be referred to the next step in the grievance procedure, the time limit to run from the date when time for disposition expired. Any grievance not carried to the next step by the Union within the prescribed time limits, or such extension which may be agreed to, shall be automatically closed upon the basis of the last disposition. Extensions of time must be in writing to be effective.

The Employer shall be required to pay back any wages prior to the date a written grievance is filed; provided that in the case of a pay shortage, of which the employee had not been aware before receiving his pay, any adjustment made shall be retroactive to the beginning of the pay period if the employee files the grievance within five (5) working days receipt of such pay.

Step One:

The employee and/or his Union Representative shall first take the matter up orally with the immediate supervisor of the employee or other appropriate Employer or Union Representative, within two (2) working days after the event complained about or he has reasonable cause to become aware of the compliant. The supervisor, upon request, will promptly summon the chief steward. If the matter is not resolved by such discussion the grievant and/or the steward shall submit the grievance compliant in writing to the Employer's general manager, which written grievance complaint must spell out the contract Article and Section allegedly violated, the date of the alleged violation, and must contain a general written description of the facts on which the claim is based and an indication of the relief being requested. This written grievance must be submitted within five (5) working days.

Step Two:

Within five working days after the written grievance complaint has been received by the Employer, the Employer may request a meeting with the grievant who may be accompanied by a Union Representative, to meet in an oral conference to discuss the matter, and to answer any questions concerning the grievance. The Employer shall, within a reasonable time, thereafter make a written response to the Union on the grievance.

Step Three:

Within five (5) calendar days after receiving the Employer's response to the grievance, the Union shall submit in writing its request for final binding arbitration of the dispute covered by the grievance, unless the time for doing so is extended by mutual written agreement.

ARBITRATION

After the three step grievance procedure set out above has been concluded, the parties shall select a neutral arbitrator. In the event that either party desires to demand a second list from the New York State Board of Mediation because the party is not satisfied with the first list submitted, the party shall have the right to demand a second list; provided the party gives a written notice to the other party which is postmarked or delivered within seven (7) calendar days from the date the first list is received by that party from the New York State Board of Mediation. Either party shall have the right to reject one (1) panel, and to demand the replacement list. Each party shall bare the expense of his own

UFCW

representatives and the parties agree to equally divide the cost, expenses and fees of the neutral arbitrator.

ARBITRATION RULES:

The Arbitrator shall have no power:

1. To add or subtract from or modify any of the terms of this agreement or of a supplement or addendum thereto, nor to rule upon any matter except those covered by this agreement.

2. To establish wage scales, rates, or to establish job content or change jobs, job wage rate, wage scale or job description.

3. To provide agreements for the parties in those cases where in this agreement or otherwise, the parties have agreed that further negotiations shall occur to cover the matters in dispute.

4. To make agreements for the parties where the parties have failed to reach an agreement and to incorporate into this agreement.

5. To require the Employer to pay back wages under any grievance more than sixty (60) calendar days retroactive to the date the grievance was filed with the Employer.

6. To decide any question except the lack of timeliness of the grievance or lack of arbitrability, unless a grievance has been presented to the Employer as defined above, claiming a specific violation of the specific agreement article and section, or to decide any question not specifically covered by the written grievance presented to the Employer and timely processed through the grievance steps as set forth herein.

7. The power of the arbitrator is limited to deciding the merits only for the precise question presented by the written grievance and the claimed violation of the agreement articles and section therein referred to expressly in writing, based upon the written description of the events therein set out and is limited to the relief therein requested in writing.

DISCHARGE GRIEVANCE:

Complaints and grievances regarding the discharge or suspension of employees shall be handled promptly according to the grievance procedure above provided. Such grievance must be filed in writing within three (3) working days of the discharge. The Employer may request the grievant or the discharged employee and his representative to appear before the Employer to clarify the position of the Employer within five (5) days which are normally considered work days by the Employer, from the date the grievance is received, and both parties shall have the right to request documentary evidence which is relevant and material to the investigation or other facts which maybe relevant and f UFCWLocal312 material, to be furnished at such meeting. If either the Employer or Union is not satisfied that it has received full information at that meeting, it shall have a right to demand a second meeting within five (5) days which are normally considered work days by the Employer, from the date of the first meting. The Employer shall, after concluding those meetings and its investigation, give a written report of its decision to the Union Representative within five (5) workdays after the last meeting on the grievance announcing the Employer's decision.

ARBITRATION AUTHORITY:

The arbitrator's power and authority and jurisdiction in connection with the arbitration of any grievance on issues involving discharge, suspension or other disciplinary actions shall be limited to deciding whether the Employer abused its managerial discretion in taking the action in question or in announcing any decision at the conclusion of the investigation of the grievance as aforesaid.

RETURN TO WORK:

In connnection with any grievance protesting a discharge or suspension of an employee, the Employer shall have the option of notifying the employee to return to work within three (3) calendar days, without prejudice to the rights of the Employer or to the Union in connection with the grievance and to have the employee work as a temporary employee in his former job or a substantially equivalent position pending the outcome of the arbitrator's decision. In such case, if the arbitrator decides against the employee's grievance, the employee shall then be discharged permanently at the option of the Employer and shall have no further rights to employment or any further rights under this agreement. In cases where the Employer has notified the former employee to return to work without prejudice in such manner, and the employee fails to do so, the arbitrator shall have no authority to grant any back pay even if the grievance is sustained by him, for any time subsequent to the employee's receipt of the notification that he may return to work without prejudice to the grievance, as a temporary employee as herein provided.

BACK WAGES:

All claims for back wages shall be limited to the amount of wages the employee otherwise would have earned during the period when the arbitrator is authorized to consider or grant back wages, less any employee compensation for personal services that the employee may have received, or could have received by reasonable efforts to obtain employment from any source during the period in question. This section shall not be deemed as granting any authority to the arbitrator beyond that previously provided or otherwise limited herein.

REMEDIES:

It is agreed by and between the parties and on behalf of all employees subject to the recognition clause herein, that this grievance and arbitration procedure shall be the exclusive means and method of settling claims by the Union against the Employer which arise during the term of this agreement. However, the Employer shall be entitled to enforce the provisions of this agreement and any and all promises herein made to it by the Union by seeking specific enforcement of the terms of this agreement in an appropriate State Court, or seeking injunctive relief to enforce the provisions hereof in said Court, and shall also have the alternative remedy for damages, reasonable attorney's fees and costs for enforcing the promises of the Union herein contained. The Union expressly agrees it will not seek to remove any such proceedings from State Court to Federal Court.

ARTICLE 4

NO STRIKE & NO LOCKOUTS

The Employer and the Union agree that since this agreement provided for the orderly settlement of any and all disputes, there shall be no strikes or lockouts or labor disturbances of any nature whatsoever during the term of this agreement.

Under no circumstances will the Union cause or permit its members to cause, nor will any member of the bargaining unit take part in any strike, sit-down, stay-in or slow down, in any work or location or building of the Employer or in any curtailment of work or restriction of production of work output or service, or in any interference with the operations of the Employer or its employees, or in any picketing or patrolling at or near the premises of the Employer covered by this agreement. In the case of a work stoppage, other curtailment of production, picketing or patrolling, in violation of this agreement, the Employer shall not be required to negotiate on the term of the dispute which gave rise to the stoppage, curtailment or picketing until same is discontinued.

In the event of a work stoppage, curtailment or other violation of this Article, the Employer and the Union shall immediately instruct the involved employees in writing, that their conduct is in violation of the agreement, that they may be disciplined by the Employer up to and including discharge for such offense, and must otherwise instruct all such persons, in writing, to stop the offending conduct immediately.

The Employer shall have the right to discipline, up to and including discharge anyone who instigates or gives leadership to any activity prohibited under this Article. If the Employer's discipline in this regard is challenged through the grievance and arbitration procedures and the same proceeds to arbitration, the arbitrator shall not have power to review the reasonableness of the penalties imposed and he may order back pay only upon finding of innocence of the employee, and finding that the employee did not engage in any of the offending activity herein prohibited.

There shall be no authorized strikes, work stoppages or slow downs called either by the Shop Steward or any other employee member of the Union during scheduled working hours. Any employee member of the Union, who calls such strikes, work stoppages or slow downs and participates, shall be discharged immediately. The Employer may exercise its right of refusal to hire any employee who engages in a so-called "wildcat strike."

ARTICLE 5

MANAGEMENT RIGHTS

It is agreed that the management of the Employer and its business and the direction of its working forces are vested exclusively in the Employer and nothing in this agreement shall be construed to limit or impair the right of the Employer to exercise its own discretion on all of the following matters, whatever be the effect upon employment, when in its sole discretion it may determine it is advisable to do any or all of the following: to manage its business generally; to decide the number and location of plants, shops or facilities, or offices and work locations; to decide all machines, tools and equipment to be used; to decide the products or services to be performed; to move or remove any production facilities or workers or any of its parts to other areas; to decide the method and place of work; to contract out or subcontract any work, labor or services as deemed proper; to determine the schedules of production; to determine the process of performing work and coordinating work, together with the type of work to be promoted and conducted; to maintain order and efficiency in its Plant and operations; to hire, layoff, assign, transfer and promote employees; to determine and re-determine job content; to determine the starting and quitting time; determine the number of hours to be worked; to make such reasonable rules and regulations as are not in conflict with this agreement, as Employer may from time to time deem best for the purposes of maintaining order, safety and/or effective operation of Employer's plant and to require compliance therewith by employees and to discipline and discharge employees for such cause as the Employer, in good faith, determines to be reasonable and proper.

The Employer's exercise of the foregoing functions shall be limited only by the expressed provisions of this agreement and the Employer has all of the other rights which it had at common law, including those unilaterally exercised in the past, except those expressly bargained away in this agreement and except as otherwise limited by statute.

In the event that the Employer covered by this agreement is confronted with a situation where the Employer is being picketed or where handbills are being handed out by this Union, which handbills or pickets or strike activity is requesting customers not to patronize the Employer in whole or in part, or not to buy any particular product of the Employer, the Employer shall have a right to make reasonable adjustments in the Employer operation and in employee job assignments, in order to be able to best counteract the difficulties with which the Employer is confronted in that connection. The Employer shall have the right in such situations to require personnel to work outside of their normal classifications at the regular rate of their classification or new classification rate, whichever is higher, hi such circumstances, the Employer may make all other reasonable unilateral changes or modifications in the conduct of the operations of the Employer or in their terms and conditions hereof as may be necessary in order for the Employer to be able to efficiently maintain operations during such difficulties.

ARTICLE 6

EMPLOYMENT STATUS

The Employer shall maintain a length of employment status list for all members within the bargaining unit including name, date of hire, current classification and address. The initial list is to be provided upon the effective date of this agreement and updates provided thereafter on or before the fifteenth (15) day of January and July during the term of this agreement with a copy being sent to the Unit Chairperson and Union Office.

Length of employment status is defined as the length of continuous service with the Employer or previous contractor since the employee's most recent date of hire.

Any employee shall lose his status as an employee of the Employer upon the occurrence of any of the following events:

1. If the employee quits.

2. If the employee is discharged and the discharge is not reversed through the grievance procedure.

3. If the employee fails to return to work within 5 working days from the date of the sending of a notice of recall by registered or certified mail to the last known address of such employee, as shown on the Employer records.

4. If the employee files a false reason for a leave of absence or over stays a leave of absence, or engages in any other employment during a leave of absence.

5. If a settlement with the employee has been made for total disability.

6. If the employee is laid off for a continuous period of time of twenty-six (26) weeks, or a period of time equal to his length of continuous employment prior to such lay-off, whichever is shorter.

7. If the employee is found to have falsified pertinent information on his application for employment it being understood that the falsity of such may not come to light until after the employee's date of hire or other date of acquiring employment status.

8. If the employee has been arrested or charged with a felony, the Employer shall have a right to suspend the employment of the employee pending the outcome of the trial on such charge (or discharging the employee based on the facts and investigation of the Employer with regard to that or to other matters). Upon conviction of any such felony, the employment relationship of the employee with the Employer shall be automatically terminated unless the Employer otherwise elects.

9. If for any event the list above not being exhaustive, where such status is reasonably deemed to be terminated.

10. If any employee is found to be in possession of, and/or under the influence of alcohol or illegal substance(s), that employee will be immediately terminated.

ARTICLE 7

PROBATION

Any person commencing work for the Employer shall at the option of the Employer, be under a probationary status for a period of the first ninety (90) calendar days of employment during which time the Employer shall have a right to discipline or discharge such person and the employee shall not have recourse to the grievance or arbitration procedures wherein to question the right of the Employer to impose such discipline or discharge during that period of time. It is understood that those employees under probationary status will be paid $ 1 less than the current starting wage per hour for their first ninety (90) calendar days of employment.

ARTICLE 8

PROMOTION

When a vacancy occurs, management will choose the replacement from qualified applicants as determined by the Employer. The Employer recognizes length of continuous employment as a factor when determining qualifications. All job vacancies in the field of membership will be posted on the bulletin board in a prominent place for a minimum of 48 hours.

ARTICLE 9

LAYOFFS & RECALL

Full consideration shall be given to employee's continuous length of service record in making promotions, layoffs and rehiring after layoffs.

In recognition however, of the responsibility of the Employer for the efficient operation of the Plant it is understood and agreed that in all cases of increases or decreases of Plant forces and in all cases of promotion, the Employer shall consider seniority, ability to perform the work and physical fitness. If ability to perform the work and physical fitness are relatively equal, then seniority shall govern.

UFCWLoca!312

ARTICLE 10

HOURS OF WORK

Normal workday for full-time employees shall be eight (8) hours, including a rest period of fifteen (15) minutes during the first four (4) hours of the shift and the last four (4) hours of the shift taken at time determined exclusively by the Employer, excluding non-paid lunch periods. The normal workweek for regular full-time employees shall consist of six (6) workdays, which may be scheduled throughout the week by management. The Employer shall have the right to schedule employees to work a forty (40) hour week spread over five (5) days when the Employer deems necessary. This section shall not be construed as, and is not a guarantee of any number of hours of work per day or week.

If an employee is more than ten (10) minutes late, the Project Manager may discipline the employee by written reprimand, and subsequent violations shall lead to suspension.

If an employee is requested by a supervisor to work hours longer than his regular assigned shift or longer than the regular forty (40) hours workweek, an employee will be expected to do so unless excused for good cause. Full-time pay at the rate of one and one-half times the employee's regular hourly rate (excluding premium pay) shall be paid for all hours worked by the employee over forty (40) in the employee's regular workweek. There shall be overtime pay for hours worked over forty (40) hours in any one week. Overtime is not paid for hours worked over eight (8) hours in any workday if the weekly total does not exceed forty (40) hours. Paid holidays or vacation hours are not to be included in the calculation of any overtime for the week in which holiday or vacation hours fall.

Employees who are scheduled to work, or called into work on any given workday will be paid for a minimum of four (4) hours, unless the employee shows up late for the start of work or leaves early when work is available, and/or is sent home due to "Acts of God, at the direction of the government due to workload short falls from government, or any other occurrence outside of the control of the Employer".

Employees shall be considered "full time" employees if they are regularly scheduled to work twenty-four (24) hours or more during their regular workweek. All other employees shall be considered part time employees or call in employees.

The Employer recognizes length of continuous employment as a factor with reference for hours to be worked; only when the skill of the employees as determined exclusively by the Employer is determined to be equal.

The work week begins on Sunday and ends on Saturday.

Code Red day plant closures will be at the direction of West Point command.

ARTICLE 11

HOLIDAYS & HOLIDAY PAY

The Employer agrees to the same paid holidays that are observed and taken by the Federal Government at West Point, which is currently as follows:

NEW YEAR'S DAY LABOR DAY

MARTIN LUTHER KING DAY COLUMBUS DAY

WASHINGTON'S BIRTHDAY VETERAN'S DAY

MEMORIAL DAY THANKSGIVING DAY

JULY 4™ CHRISTMAS DAY

All full-time employees shall be entitled to straight time for eight (8) hours for those holidays listed above. If the full-time employee works on such holiday, the employee shall receive in addition to the holiday pay, one and one-half times the employee's regular pay for each hour worked during that day.

In order for an employee to receive holiday pay, the following qualifications must be met:

Work full-time and, have completed their probationary period before the date the holiday occurs.

Have worked in full the Employer's regularly scheduled straight-time workday prior to, and the day after the holiday, unless unable to work due to injury, such condition being verifiable by a written statement from physician, if requested.

Be an employee who would otherwise have been scheduled to work on such day if it had not been observed as a holiday.

ARTICLE 12

VACATION

The Employer shall grant paid vacations in accordance with the following schedule:

1 year - one week vacation (40hours) 2 to 5 year - two weeks vacation (80 hours) 6 to 9 years - three weeks (120 hours) 10 to 15 years - three weeks and 1 day vacation (128 hours) Over 15 years - three weeks and 3 days vacation (144 hours)

The vacation eligibility year shall be measured from the employee's anniversary date of hire, and in one (1) year periods thereafter. An employee under 5 years of service who is absent for more than two hundred and forty (240) hours during his/her eligibility year, shall receive pro-rated vacation or pro-rated vacation pay for hours worked during the vacation year. Employees 5 years and over who is absent for more than two hundred and eighty (280) hours during his/her eligibility year shall receive pro-rated vacation or pro-rated prorated vacation hours worked during the vacation year.

Employees shall submit vacation request to Employer for approval as early as possible to allow the Employer to schedule employee vacations in a manner consistent with workload requirement. Vacation requests will be approved on the basis of the earliest request received. If two (2) requests are received at the same time for the same vacation period seniority will prevail.

Employees must submit vacation requests in writing at least three (3) full workdays prior to the date the vacation starts to allow the Company to schedule employee vacations in a manner consistent with workload requirements. The exception being two (2) days may be used for sick days if proper documentation is submitted and all sick days are already used.

Any employee who voluntarily quits or terminates his employment without a three (3) week written notice of resignation, prior to the scheduled resignation date shall be deemed to have forfeited any rights to vacation or vacation pay. Any employee discharged for cause by the Employer (and not reversed by the grievance procedure) prior to the scheduled vacation date, shall be deemed to have forfeited any right to vacation or vacation pay as of the date of such discharge. Employees with 5 or more years of service resigning before their anniversary date will be paid vacation based on proration as set forth above. In the event that the current contractor loses the government contract at rebid time the proration will not apply.

ARTICLE 13

LEAVE OR PERSONAL ABSENCES

Upon written application from an employee, the Employer in its exclusive discretion may grant a leave, Union leave, or personal absence without pay where good cause is shown for a period not to exceed thirty (30) calendar days. The leave may be extended for additional periods up to the thirty (30) calendar days for reasons which, in the opinion of the Employer are satisfactory. Employment status shall not accrue but merely be retained during any leave or personal absence time. An employee shall not work for another employer during his leave, and any employee who gives false reason for leave or personal absence shall be disciplined up to and including discharge.

Upon return of an employee from leave or personal absence, he/she shall be employed at work to be generally similar to that which he/she did last and at the prevailing rate of pay for that job.

Time absent on leave or personal absence shall not be counted as time at work for any purpose, including but not limited to vacations, etc.

An employee who fails to return to work at the termination of leave or personal absence shall lose his/her employment status, and their employment with the Employer shall be terminated.

ARTICLE 14

BEREAVEMENT LEAVE

The employees shall be entitled to three (3) consecutive days with pay for death in the employee's immediate family, i.e., Spouse, Partner, Child/Children, brother and Sister.

Proof of death is required. Grandparents, Mother-in-law, Father-in-law, require proof of residing with employee and proof of death.

ARTICLE 15

JURY DUTY

An employee summoned to serve on jury duty on his/her regularly scheduled workday shall receive the difference in regular rate of pay and the amount received for jury duty.

In order to be eligible for this compensation, a written statement from the court clerk, showing the employee was summoned, and the amount received for jury duty pay must be given to the Employer.

ARTICLE 16

UNION VISITATION

The Employer agrees that accredited representatives of the Union shall have reasonable access to the Employer's break area during breaks, lunchtime and before and after work.

The representative shall first secure verbal permission from the Project Manager before proceeding to the break area. If the Union Representative requests to go into the Plant, a representative of the Employer may accompany the Union Agent during the entire time he/she is in the Plant.

UFCWLocal3l2

ARTICLE 17

CHECK-OFF

Section 1. During the term of this agreement and subject to the provisions of State and Federal Law, the Employer will deduct uniform monthly Union dues and, if applicable initiation fees of employees who are or become members of the Union in good standing, only pursuant to voluntary written check-off authorizations forms received and thereafter beginning on the first day of the calendar month following receipt of such an authorization, such an authorization to be signed by the employees in a form that conforms to the requirements of the National Labor Relations Act, as amended, and applicable State Law, and that shall provide that an employee may revoke the authorization during the fourteen (14) calendar days prior to any annual anniversary date of the agreement, in either event by written notice received by the Employer during such period.

Section 2. The Employer shall remit sums, deducted pursuant to this Article, to the Union on or before the twentieth (20th) calendar day of the month following the month in which the Employer deducted them. The Union shall indemnify and hold the Employer harmless against all claims, demands or other forms of liability that may arise out of the Employer deducting Union dues and initiation fees pursuant to this article.

ARTICLE 18

BULLETIN BOARD

The Employer shall furnish a bulletin board for the use of the Union. All materials posted must be approved by management prior to posting and signed by the Bargaining Committee Chairman. Notices shall be restricted to notices of Union recreation, social affairs, elections, and results of election, appointments, meetings and other notices concerning Union affairs which are not political or controversial in nature.

The Union will remove from the bulletin board any material which in the opinion of management is libelous, scurrilous, or detrimental to the labor-management relationship.

There shall be no other general distribution or posting by employees or the Union of pamphlets, advertising, political matters, notices or any kind of literature upon Employer property other than as herein provided.

ARTICLE 19

RIGHT TO HIRE

The Union shall have the right to hire a CPA to audit the employee's payroll records of the Employer.

ARTICLE 20

MANAGEMENT WORKING

Management employees shall have the right to perform bargaining unit work where employees are absent and/or to relieve bottlenecks in production until sufficient call-in employees arrive, and/or to instruct or train employees or if there 1 (one) full hour of work available in a day, not to diminish the workweek or to prevent overtime if overtime is necessary.

ARTICLE 21

NON-DISCRIMINATION

It is agreed that the Union and the Employer will not discriminate against any employee because of race, color, creed, religion, sex, handicap, age, veteran status, marital status, national origin, family relationship, Union membership or lack of Union membership, to the extent prohibited by applicable law.

The Union and the Employer further agree not to discriminate against any employee because he/she crossed a picket line, filed a grievance, gave testimony or took part in grievance procedures or other hearings, negotiations or conferences as part of the terms of this agreement.

ARTICLE 22

HEALTH AND WELFARE - RETIREMENT

Combined Health and Welfare and Retirement benefit amounts will be paid by the Employer in the amount of $871.57 per month (hereinafter referred to as Health and Welfare Contribution). If an employee does not work a minimum of 30 hours per month the employer is not required to make a contribution for that month. New hire combined Health and Welfare and Retirement benefit amounts will be paid by the Employer in the amount of $871.57 per month at the end of the probation period.

Employees will participate in the single person health insurance coverage plan that will be offered by the employer. Monthly premiums for employees under the health insurance plan shall be paid in the following manner. The premium will be deducted by the Employer from the total Health and Welfare contribution provided to the employee.

Employees will also participate in the UFCW Local 312 Health Fund Fringe Benefit Plan (Dental, Death Benefit, Critical Illness and Accident, Optical and Legal)for a $52 monthly premium this amount will also be deducted from the Health and Welfare contribution.

, UFCW Local 312

The deducted portion will be forwarded to the appropriate insurer(s). Should this Health and Welfare Contribution not be sufficient to cover the monthly premiums, the employee will be responsible for making up the difference in order to maintain coverage.

Additionally, if employees choose to add spouse, children, or family insurance any cost exceeding the H&W amount will be deducted from their pay or if they don't have enough hours to cover the cost they will have to reimburse the company for this additional coverage.

The Employer will have an established 401(k) or (a) retirement benefit plan for enrollment by the Employees. Health and Welfare funds remaining after any applicable health insurance plan deductions will be paid to Employee's retirement benefit plan.

ARTICLE 23

WAGES (per hour)

A wage increase for employees will receive a 1% increase per hour.

POSITION

EFFECTIVE

1-October-19

Laundry/Dry Cleaning NOC $ 17.21

Janitor $17.21

Quality Inspector $17.58

Counter Attendants $17.58

Office Clerks $17-58

Dry Cleaner $18.52

Maintenance Trades Helper $18.88

Fancy Presser $ 19.09

Work Leaders $20-36

Drivers $20.55

Mechanic I $24.18

Mechanic II $31-57

Claims Clerk $20.86

ARTICLE 24

SICK LEAVE

A. Employer agrees to grant up to 56 hours (7 days) of paid sick leave per calendar year to all employees employed as of Jan 1st of new year. All employees hired after that date will accumulate at the rate of 1 hour for every 30 hours worked.

B. Employees will be given up to 56 hours as needed to bring the total to 56 hours on first day of the year. No additional days will accrue during the remainder of the year.

Employees will be notified in writing of the hours of paid sick leave they have available at each pay period. Maximum of 56 hours of unused paid sick leave will carry over from one year to the next. The maximum number of hours accrued at any time will be 56 hours.

C. Employees are to use paid sick leave in increments of one hour and paid sick leave must be exhausted before unpaid leave is granted.

ARTICLE 25

REST PERIOD

The Employer agrees to schedule two (2) fifteen (15) minute rest periods during each full workday to all employees working at those scheduled times; one (1) in the A.M., and one

(1) in the P.M.

The Company agrees to add an additional fifteen (15) minute break for all employees who work more than ten hours since their scheduled start time.

ARTICLE 26

SHOP STEWARD

A. The parties agree that the Union may appoint one Chief Steward, who shall have super seniority in the event of layoff and recall, provided the Chief Steward is fully qualified to perform the available work without further training and an Assistant Shop Steward who will have regular seniority.

B. Discussions between an employee and a representative of the Union, including the Chief or Assistant Shop Stewards, or among themselves concerning grievances and/or disputes shall be permitted during working hours provided such discussions shall not be lengthy or abusive, and provided that the Project Manager or the Supervisor agrees

UFCW Local 312 is to such discussions. The Manager or the Supervisor shall not unreasonably refuse to grant permission for such discussions.

Neither the Chief Steward nor the Assistant Shop Steward shall have any authority to call a strike or a work slowdown.

ARTICLE 27

SAVINGS & SEPARABILITY

If any Article or section of this agreement or any supplement, addendum or rider hereto shall be ruled invalid by operation of law or any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or section should be reinstated by such tribunal pending a final determination as to its validity, the remainder of this agreement and any supplement, addendum, or rider thereto, or the application of such Article or paragraph to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. The invalidation by law or decree or judgment of any provision hereof shall not operate to invalidate the entire agreement, since all provisions of the agreement are deemed to be severable to the extent that any provision hereof is invalidated so that the remaining part will remain valid for the term hereof. In the event of such decision, the parties will meet within thirty (30) calendar days to negotiate in good faith in an attempt to reach agreement on new language to replace the voided provisions.

ARTICLE 28

DRUG TESTING

The Employer and Union agree that drug testing is appropriate under the following conditions:

1. Prior to hiring an employee;

2. Upon the occurrence of a work-related accident;

3. Randomly throughout the year; and

4. Annually for all Work Leaders and Drivers.

ARTICLE 29

DURATION

This Agreement shall become effective October 1, 2019, and shall remain in effect until midnight September 30, 2020. If notice of a desire to change the terms and conditions of this agreement is not given by either party at least sixty (60) days prior to the expiration date of this agreement, there shall be an automatic renewal thereof, for a period of one (1) year.

FOR THE UNION: FOR PENN ENTERPRISES, INC.

Russell D. Williams

DATE: 0*7 - IP ~ f°l

UFCWLocai312