COLLECTIVE BARGAINING AGREEMENT · COLLECTIVE BARGAINING AGREEMENT Between California Processors, Inc. and Teamsters California State Council of Cannery and Food Processing Unions,

COLLECTIVE

BARGAINING

AGREEMENT

Between

California Processors, Inc.

and

Teamsters

California State Councilof

Cannery and Food Processing Unions,

International Brotherhood of Teamsters

as

Adopted June 16, 2009

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25275_CPI _cba09_cvr.qxp:21382_CPI _Agreement_cover.qxd 1/27/10 8:34

TABLE OF CONTENTS

Detailed Index located in back of Agreementpages 104 through 118

Title Section PageAdjustment of Grievances...................... XIII 45Affiliated Locals and Designated Plants — 102Agreement Description .......................... — 1Compliance ............................................ XV 51Conduct of Union Business.................... XI 41Conflicting Agreements ......................... XVI 52Conformance with State and Federal Laws.. XIV 51Contractual Seniority ............................. IX 26Death in Family Benefit ......................... Appendix H 93Employment Conditions......................... IV 5Fringe Benefits Preface .......................... Appendix B 57Hiring Practices...................................... X 40Holidays ................................................. VII 21Job Classifications.................................. Appendix A 54Jury Duty................................................ Appendix E 86Medical Examination Plan ..................... Appendix C 79Merger, Lease or Purchase..................... XVIII 53On-the-Job Training Program ................ Appendix I 94Pension Plans ......................................... Appendix D 83Plant Operations ..................................... XII 42Plants Covered by Agreement................ — 103Prior Agreements ................................... I 1Procedure for Modification .................... XX 53Recognition and Employment Practices ... II 2Sabbatical Leave Plan ............................ Appendix K 96Severance Pay ........................................ Appendix L 101Sick Leave Plan...................................... Appendix F 87Special Addendum to the Collective

Bargaining Agreement ...................... Addendum 119Term of Agreement ................................ XIX 53Transfer of Company Title or Interest ... XVII 52Vacations ............................................... VIII 23Wages .................................................... VI 15Wage Rates............................................. Appendix A 54Welfare Plans ......................................... Appendix C 61Work Covered ....................................... III 2Working Hours ...................................... V 6

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AGREEMENTThis COLLECTIVE BARGAINING AGREEMENT entered

into this 1st day July, 2009, between California Processors,Inc., hereinafter called the “Employer”, and the TeamstersCalifornia State Council of Cannery and Food ProcessingUnions, International Brotherhood of Teamsters, hereinaftercalled the “Union”, shall operate as a Master Agreementbetween said Employer and said Union for purposes of estab-lishing uniform wages, hours and working conditions as here-inafter defined, and a harmonious relationship betweenemployees and companies engaged in the fruit, vegetable andrelated products processing industry of California.

This Agreement shall be binding upon each of the individualcompanies (hereinafter called “company”), members of theCalifornia Processors, Inc., for the plants designated, and uponeach of the individual locals affiliated with the TeamstersCalifornia State Council of Cannery and Food ProcessingUnions, International Brotherhood of Teamsters (hereinaftercalled “local”), for the local unions designated. Each of saidcompanies has authorized the Employer to be its sole collectivebargaining representative, and each of said local unions andmembers thereof has authorized the Union to be its sole collec-tive bargaining representative for the negotiation and executionof this Agreement.

The Execution of this Agreement shall bind each companyand each local union as follows: The company will pay thewages herein specified and perform the agreements on its part asset forth, and the local union through its members will do thework herein described and perform the agreements on its part asset forth, each without limitation or reservation, except as here-inafter expressed.

WITNESSETH: That in consideration of the premises it ismutually agreed as follows:

Section IPRIOR AGREEMENTS

All previous interpretations and rulings, such as AdjustmentBoard decisions, Arbitration Board decisions, arbitrators’ deci-sions, and sick pay or job classification decisions which conflictwith or are superseded by the specific provisions of this Agreementshall be given no weight or consideration whatsoever in the settle-ment of disputes involving the interpretation of this Agreement.

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Section IIRECOGNITION AND EMPLOYMENT PRACTICES

A. For the purpose of collective bargaining, the Employer rec-ognizes the Union as the sole agency representing all theemployees of member companies who perform the workcovered by Section III hereof, and the Union recognizes theEmployer as the sole agency representing its member com-panies.

B. There shall be no discrimination of any kind by any compa-ny or local union against any employees or membersbecause of race, creed, sex, color, age, national origin,physical handicap, disability or any other legally protectedstatus. The Employer and the Union mutually support allaffirmative action efforts directed towards the expansion ofequal employment opportunities within the Industry.

C. There shall be no discrimination of any kind by any compa-ny against any employees on account of local union affilia-tion or on account of bona fide local union activity of suchpersons.

Section IIIWORK COVERED

The following work is covered by this Agreement:A. 1. All work performed in companies’ factories including

buildings or lots where commodities or materials areprocessed or stored. Any of the companies’ factories,buildings or lots not previously designated in thisCollective Bargaining Agreement where work is per-formed within the jurisdiction of the Union shall be cov-ered by all terms and conditions of this CollectiveBargaining Agreement upon the commencement of theperformance of such work.

2. Contract coverage shall apply to operation, maintenance orrepair of vining equipment owned or leased by plants cov-ered by this Agreement. This provision shall apply toexclude agricultural labor and operations of bona fide agri-cultural departments. Box and bin repair which at the pre-sent time is being done by local union members on thepremises of a plant covered by this Agreement and whichis hereafter removed to another location within the juris-

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diction of the Teamsters California State Council ofCannery and Food Processing Unions is covered by thisAgreement, if the sole reason for such removal is to escapefrom the provisions of this Agreement; provided, however,that this provision will not be applied to disturb historicalpractices.

The parties shall negotiate a separate Master ReceivingStation Agreement in accordance with agreed upon proce-dures.

B. Consistent with Federal statutes, the Union agrees that dur-ing the life of this Agreement it will not surrender jurisdic-tion to any other union over any of the work covered by thisAgreement. Similarly, the Employer, consistent withFederal statutes, agrees that during the life of thisAgreement it will not grant recognition to any other unionfor any of the work covered by this Agreement.

C. The parties recognize both the desirability of preservingbargaining unit work and that it is proper under some cir-cumstances for the company to subcontract certain of suchwork. Any subcontracting shall be subject to the followingconditions:i. when a Company determines to subcontract a job, it

shall meet with the local union to determine whetherbargaining unit employees can perform the workinvolved; and

ii. during the period when subcontracting is occurring, bar-gaining unit employees are assigned to perform thework on overtime at least equivalent to any overtimework performed by Employees of the subcontractor(s).Therefore, the parties agree to the following with

respect to subcontracting provided, however, that the fol-lowing applies to new and additional subcontracting onlyand shall not be applied to work which has been subcon-tracted prior to August 4, 1970:1. The company may subcontract bargaining unit work as

defined in Appendix A hereof when circumstances exist asprovided in a. through e. below. Under these circumstancesthe Company will notify the local union ten (10) days priorto subcontracting work, except in emergencies. In cases ofemergencies, the Company will notify the local union assoon as practicable of its decision to subcontract work.

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a. The employees lack the necessary competence toperform the work involved; or

b. there is lack of sufficient number of employees rea-sonably available to do the work within the requiredtime limits; or

c. the equipment required to perform the work is not onthe premises or is of a specialized type which hasonly occasional use and is not central to plant opera-tions; or

d. new or modified equipment of specialized type isinstalled, and such installation or modification isgenerally performed by personnel employed byequipment manufacturers or representatives; or

e. the work is performed by employees of a public utility.2. If other unusual circumstances require subcontracting,

the company shall first notify the local union involved.If the parties cannot agree, the issue shall be submittedto an impartial Arbitrator, whose decision shall be finaland binding. In the event the company subcontractswork and the Arbitrator subsequently finds the companyis in violation of the provisions of the Agreement, theArbitrator shall have the right to fashion any remedydeemed appropriate under the circumstances. No sub-contracting (as provided in this paragraph No. 2) shallbe undertaken, except in an emergency situation unlessthe agreement of the local is first obtained, or unless animpartial Arbitrator authorizes it.

D. Any combination of two or more firms, parties to thisAgreement, operating on the same premises and sharing orinter-changing employees within the same work day and/orwork week shall, for purposes of the working hours’ provi-sions of this Agreement, be defined as a single company.

E. Salaried supervisors will not perform bargaining unit workexcept while training employees. A supervisor who per-forms no bargaining unit work is not claimed by the Unionto be within its jurisdiction and is not subject to the provi-sions of this Agreement. Upon request, a list of salariedsupervisors who supervise bargaining unit employees andthe department they supervise, shall be mailed to the LocalUnion each year.

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Section IVEMPLOYMENT CONDITIONS

A. The companies covered by this Agreement will not dis-courage union membership by employees, and said compa-nies hereby recognize that employees are entitled to jointhe local union upon being hired, and thereby to enjoyimmediately all rights and benefits of union membership.All employees covered by this Agreement shall, as a condi-tion of continued employment, become and remain mem-bers of the local union after the thirtieth (30th) day ofemployment under this Agreement, in accordance with theprovisions of the Labor Management Relations Act of1947.

B. The company will deduct from their wages and turn over tothe proper officers of the local union the initiation fees anddues of such members of the local union as individuallyand voluntarily certify in writing that they authorize suchdeductions.

C. When requested by the local union, deduction authoriza-tions shall be reported to the local union on a weekly basis.The monies collected for such initiation fees and dues shallbe paid to the local union each week or deposited asdeducted in a separate trust account, making paymentsthereof to the local union on a monthly basis or such otherintervals as may be agreed upon between the local unionand the company. The local union shall have a right toreview the company’s records in regard to issues of unionauthorization and/or dues deductions.

D. The company agrees to deduct from the paycheck of allemployees covered by this Agreement voluntary contribu-tions to DRIVE or such other Political Action Committeedesignated by the union. The company shall be notified ofthe amounts designated by each contributing employee thatare to be deducted from his/her paycheck on a weekly basisfor all weeks worked. The phrase “weeks worked” excludesany weeks other than a week in which the employee earneda wage. The company shall transmit to the designatedPolitical Action Committee on a monthly basis, in onecheck, the total amount deducted along with the name ofeach employee on whose behalf a deduction is made, theemployee’s Social Security number and the amount deduct-ed from that employee’s paychecks. The union shall reim-

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burse the company annually for the company’s actual costfor the expenses incurred in administering the weekly pay-roll deduction plan.

Section VWORKING HOURS

A. Work Week. All weeks shall be weeks of not more thanforty (40) hours at straight-time.1. For each of the days Monday through Friday inclusive,

straight-time and overtime for hours worked shall bepaid as follows:First eight hours—straight-time.Next four hours—one and one-half (11/2) times the

straight-time rate.Over twelve hours—two (2) times the straight-time

rate.2. For each Saturday and Sunday, payments for hours

worked shall be as follows:First eight hours—one and one-half (11/2) times the

straight-time rate.Over eight hours—two (2) times the straight-time rate.

3. Work performed on Saturdays shall be paid for at therate provided in 2. above provided, however, that anyemployee who remains away from the job during theweek without excused absence granted by the companyshall not receive that rate for such Saturday work butonly for any portion of the employee’s work thatexceeds forty (40) straight-time hours in the particularwork week; and further provided that any employeewho starts work after the beginning of the work week atthe start of processing a particular product, shall receiveovertime only for any Saturday hours which exceedforty (40) straight-time hours worked by the employeein the particular work week, except that employeesworking on non-perishable products on Saturday will bepaid at the rate in 2. above. Employees who do not qual-ify for one and one-half (11/2) times the straight-timerate for Saturday hours under the above provisions willreceive the straight-time rate plus twenty-five cents(25¢) for the hours worked up to forty (40) after which

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the contractual rates for Saturday shall apply, excludingthe twenty-five cents (25¢).

4. Notwithstanding the above, upon request of the employ-er or the local union the parties may agree to institute adifferent work week schedule. The agreed upon alter-nate work week shall be submitted to the TeamstersCalifornia State Council of Cannery and FoodProcessing Unions and California Processors, Inc.Failure of the parties to agree to the alternate work weekshall be subject to the grievance procedure by eitherparty. However, the procedure cannot be implementedwithout the approval of the Teamsters Cannery Counciland California Processors, Inc. The agreed upon termsand conditions of the different work week scheduleshall be reduced to writing and subject to approval by atleast three-fourths (3/4) of the affected employees vot-ing on such a request. The change in the work week maybe applicable either to separate units within a plant or ona plant-wide basis. Any such approved schedule may beterminated by the employer upon submission of writtennotification to the local union or by the local union fur-nishing the employer written notification.

B. General Conditions.1. Call-in, Call-back Time.

a. Any employee instructed to report for work, whetheror not put to work, shall receive four (4) hours’ pay.If an employee is specifically instructed by the com-pany to stand by the phone and is not required toreport to work, such employee shall receive four (4)hours pay. If an employee requests not to beassigned to stand by, the employee shall be allowedto sign-off such stand by time provided a qualifiedalternate is available for assignment.

b. Employees called in to perform emergency workprior to their normal scheduled shift starting timeshall receive time and one-half their regular straight-time hourly rate for all time worked prior to theirregularly scheduled shift starting time. In addition,such employees shall work their normal scheduledshift in accordance with A. above.

c. The rate of pay for all time credited to the employeeunder the above rules shall be the employee’s regu-

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lar straight-time rate received for the preceding workday. Call-in time payments to incentive workersshall be at the contractual hourly rate.

d. The foregoing payments for call-in time shall notapply if failure to provide work is due to any of thefollowing:(1) Failure of the public utilities to supply electricity,

gas or water or the failure of its sewer systems.(2) Failure to maintain or commence operations due

to threats to employees or property when recom-mended by civil authorities.

(3) Overnight weather changes preventing harvestingof the crops in process. The company will attemptto notify employees of such lack of product due toovernight weather changes when it knows inadvance of shift starting times of this conditionand has sufficient time to notify all employees.The burden of proof on whether or not the compa-ny attempted to notify employees under the aboveprovision shall be borne by the company in anygrievance or arbitration proceeding.

e. When an employee has completed the employee’sregular shift and has left the company’s premisesand is called back to perform emergency work, theemployee shall receive a minimum of four (4) hours’pay at the applicable overtime rate. If such recalloccurs less than four (4) hours prior to the start of theemployee’s regular shift, said employee shall be paidat the overtime rate up to the time the regular shiftcommences. The employee shall only be required toperform the emergency work or work related to anemergency. Intervening hours shall not count ashours of work.

2. Eight Hour Work Guarantee for Fourteen Hundred(1400) Hour Employees.a. Any fourteen hundred (1400) hour employee who is

called to work on any straight-time day shall receiveat least eight (8) hours’ work or eight (8) hours’ pay.

b. The foregoing work guarantee shall not apply if fail-ure to provide work is due to any of the following:

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(1) Failure of the public utilities to supply electricity,gas or water or the failure of its sewer systems.

(2) Failure to maintain or commence operations dueto threats to employees or property when recom-mended by civil authorities.

(3) Lack of product due to harvesting or substantiat-ed delivery difficulties.

(4) Any labor disputes.(5) The refusal of the employee to accept any work

assignment for which the employee is qualifiedand physically able to perform.

(6) Employee absence for sickness or any other reason.3. Seven Hour Work Guarantee for Seniority

Employees With Less Than Fourteen Hundred(1400) Hours.a. When two shifts are operating on a particular prod-

uct, seniority employees assigned to the first shiftworking on that particular product will be guaran-teed at least seven (7) hours’ work or seven (7)hours’ pay. When three shifts are operating on a par-ticular product, employees assigned to the first andsecond shifts working on that particular product willbe guaranteed at least seven (7) hours’ work or seven(7) hours’ pay. The above seven (7) hour guaranteeis applicable only on straight-time days.

b. The rate of pay for all time credited to the employeeunder the above rules shall be the employee’s regu-lar straight-time rate. Payments to incentive workersshall be at the contractual hourly rate.

c. If an employee is required by the company to take ashift other than the shift to which seniority wouldentitle the employee, this person shall receive a guar-antee of no less than the number of hours theemployee would have worked on the earlier shift.

d. The foregoing payments for work guarantees shallnot apply if failure to provide work is due to any ofthe following:(1) Failure of the public utilities to supply electricity,

gas or water or the failure of its sewer systems.(2) Failure to maintain or commence operations due

to threats to employees or property when recom-

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mended by civil authorities.(3) Lack of product due to harvesting or substantiat-

ed delivery difficulties.(4) On the first day of the start of the processing of

each product and the last day when the process-ing of each product is being completed.

(5) Any labor disputes.(6) The refusal of the employee to accept any work

assignment for which the employee is qualifiedand physically able to perform.

(7) Employee absence for sickness or any other rea-son.

4. Work Recesses. Any work recess time shall be paid forat the applicable contractual hourly rate for both hourlyand incentive workers, except that one (1) hour of suchrecess time need not be paid for if the cause was failureof any public utility to supply electricity, gas or water orthe failure of its sewer systems. Any recess time whichis paid for shall not be counted as time worked in com-puting daily overtime. Starting and ending time of allrecesses shall be posted and employees may leave thepremises of the company for the posted interval of therecess period.

5. Relief Periods. Each company shall authorize allemployees to take adequate relief periods which shall beapproximately in the middle of each half-day of work.In the event any question arises as to the adequacy ofthe relief periods, twelve (12) minutes within each four(4) hours worked shall be presumed to be adequate. Thetwelve (12) minute relief period is intended to providethe employee with twelve (12) minutes away from thejob and is not meant to be a required time to go to thelavatory. Employees should be allowed to leave theirwork to go to the lavatory as reasonably required.Relief periods shall be in accordance with the followingschedule:

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MinimumRelief

No. Hours Worked PeriodUp to 6 hours or less 1Over 6 hours but less than 10 hours 2Over 10 hours 3Over 12 hours 4in accordance with I.W.C. regulations.The intent of the parties is that actual relief periods bescheduled in accordance with the provisions of thisparagraph unless unusual circumstances prevent sched-uling of such relief periods. However, the scheduling ofrelief periods may be altered by mutual agreementbetween the company and the local union so that pay-ment in lieu of relief periods may be made.When an employee is not granted a relief period, theemployee shall receive an additional twelve (12) minutespay for each such relief period not granted. Such pay-ments shall be made at the rate which the employeewould have received if the relief period had been granted.

6. Meal Time. Meal time shall normally be one-half (1⁄2)hour; however, a different meal period may be fixed byagreement in writing between the local union and thecompany. Either the local union or the company mayrequest such different period, and neither shall unrea-sonably withhold approval. Any plant having a longermeal period as of the date of this Agreement may con-tinue such longer meal period until the local union andthe company otherwise agree in writing.The meal period may occur after the employee hasworked at least three (3) hours but not more than five (5)hours, unless different periods are fixed in writingbetween the local union and the company. In the absenceof such agreement, a penalty of one-half (1/2) theemployee’s straight-time hourly rate shall apply to eitherthe amount of time less than three (3) hours or more thanthe five (5) hours limitation, as the case may be.Notwithstanding the foregoing, when there are shifts ofeight (8) hours or less, and an entire department is shutdown for the meal period, then the upper limit without ameal period shall be four (4) hours instead of five (5)

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hours (except for those employees who adjust machinesor work on clean-up; the five (5) hour limit will apply toemployees on these two assignments). In the event thatthe four (4) hour limit or the five (5) hour limit formachine adjusting and clean-up is exceeded, the one-half(1/2) straight-time penalty applies as in the above para-graph unless different periods are fixed by agreement inwriting between the local union and the company. a. Meal periods shall not be changed from the normal

schedule for the sole purpose of using meal periodsto repair breakdowns.

b. The company will not arbitrarily change the sched-ule of meal periods and the local union will not arbi-trarily withhold approval for reasonable meal timeschedules. Any dispute arising from failure of a localunion to agree to a meal period of less than one-half(1⁄2) hour shall be resolved by secret ballot amongthe employees affected.

c. Boiler room attendants shall either be given a regularmeal period or shall be paid without deduction formeal periods. Other employees may be placed on thesame basis as boiler room attendants by mutualagreement in writing between the local union and thecompany.

d. An employee who is assigned emergency work bythe company after the employee has started a mealperiod shall receive an additional one (1) hour of payat the applicable rate and be permitted to finish saidmeal.

7. Interval Between Shifts.a. There shall be a lapse of eight (8) hours between the

time an employee finishes one day or shift and startsanother day or shift. When a “change over” occursfrom one regular shift schedule to another regularshift schedule, this rule shall not apply. As used inthis paragraph the term “regular shift” means at leastfive (5) working days. However, at the request of theemployee, the lapse of eight (8) hours between shiftsmay be reduced to no less than four (4) hours if thechange over is less than five (5) working days. Suchemployee request will be made in accordance with

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Section IX, Paragraph I.b. Except as provided for a “change over” in Paragraph

“a” above, a penalty payment of one-half (1/2) thestraight-time hourly rate shall be paid for theencroaching hours worked by an employee after theemployee is called back short of the required eight(8) hour interval. All such encroaching hours shallbe considered as part of the succeeding shift for pur-poses of computing daily overtime and requiredintervals for meal periods.

8. Work Day. A work day shall be from 6:00 A.M. to 6:00A.M. of the following day.

9. Working Hours. Employees who start to work at 2:00A.M. or later and before 6:00 A.M. will receive one-half(1/2) time additional pay as penalty for hours workedprior to 6:00 A.M.Employees who start to work at 2:00 A.M. or later andbefore 6:00 A.M. on days where overtime payment ofone and one-half (11/2) times the straight-time hourlyrate of pay is applicable, such as holidays, Sundays andSaturdays, will receive, in addition to the applicableovertime rate of one and one-half (11/2) times thestraight-time hourly rate of pay, one-half (1/2) timestheir straight-time hourly rate of pay additional as apenalty for reporting between 2:00 A.M. and 6:00 A.M.,or a total of two (2) times their straight-time hourly rateof pay for reporting between 2:00 A.M. and 6:00 A.M.

10. Record Keeping.a. Each company shall convert to payment for all time

on the basis of one-tenth (1/10) hour or major frac-tion thereof.

b. Each employee shall receive and sign a time carddaily showing recorded hours and minutes workedfor that day. Sufficient and adequate arrangementsshall be made so that no unnecessary delay shall beinvolved in signing such cards. Each employee shalldeposit such signed card in a suitable place. In theevent the company does not have time clocks, anemployee who has reason to believe that an error hasbeen made with regard to the record of the employ-ee’s working time shall be given a copy of the daily

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time card for the period in question if the employeeso requests. Companies will continue present prac-tices of providing duplicate time cards and timeclocks at facilities currently providing such clocksand cards.

c. If a company issues time cards which do not reflectthe employees’ bracket codes, the company shallpost a list of all job codes and the appropriate brack-et rate for each code.

d. For those plants who do not issue daily time cards,employees may request a weekly print-out of theirtime records.

11. Compulsory Overtime and Overtime Notification.a. Compulsory Overtime. All employees shall report

for and work the scheduled hours including over-time. However, employees are not required to workovertime provided a qualified work force is availableat the plant to perform the available work.

b. Overtime Notification.(1) Provided a qualified work force is available at the

plant, employees during the non-processing sea-son shall have notice of work on an overtime dayat least four (4) hours before the end of the firstshift on the previous day.

(2) Employees assigned to processing work, shall benotified of overtime work as soon as knowledge orneed of such overtime work is known by the com-pany. However, where employees ordinarily workfive (5) days per week during the processing sea-son, subparagraph (1.) above shall apply provideda qualified work force based on inverse seniority isavailable at the plant to perform the work.

12. Accident, Industrial Illness or Injury on the Job.Any employee who suffers an accident, industrial ill-ness or injury on the job requiring medical treatment bya physician who is unable to return to work will be paidfor the balance of the day. The pay shall be based on thenumber of hours the employee would have otherwiseworked on the day of the accident, industrial illness orinjury.

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13. Treatments by a Doctor.a. Industrial Injury. Employees shall attempt to

schedule doctor’s visits for industrial injury orindustrial illness on non-work time. An employeewho is required to take time off as a result of anindustrial injury for treatment in the doctor’s officeshall be paid for such time lost from work.

b. Non-lndustrial Treatment. An employee who isrequired to take time off as a result of a non-industri-al injury or illness for treatment in the doctor’s officeor for dental treatment, will be permitted to return towork for the balance of the shift provided the requestfor time off is made at least one (1) working day inadvance except in cases of emergency when suchnotice cannot be given. In such event, the employeeshall be paid only for actual time worked.

14. There shall be no pyramiding of overtime or premiumpay under the terms of this Agreement and under no cir-cumstances will there be more than one basis of calcu-lating overtime or premium pay to be used for the samehours. However, penalty time at straight-time rates willin all cases be added to the applicable rate set forth inthe Agreement.

Section VlWAGES

A. Straight-Time Wage Rates.Straight-time wage rates for all employees shall be inaccordance with the schedule set forth in Appendix A. 1. a.and b. of this Agreement.

B. Incentive Wage Rates.1. If any company elects to pay any worker or group of

workers on an “incentive” (as distinguished from hourwork) basis, each worker or group of workers shall beguaranteed a minimum of the applicable straight-timerate for the job.

2. Incentive plans currently in effect may be continued atthe company’s option. If a company intends to institutea new incentive plan, the company must first notify thelocal union. After notifying the local union, the compa-

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ny must enter into negotiations with the local union con-cerning such incentive rates. If the parties cannot mutu-ally resolve the matter, all unresolved issues will bereferred to the arbitration provisions of this Agreement.The new plan will not be made effective until the partieshave reached agreement or the Arbitrator has renderedhis decision.

3. Rules governing the incentive basis of pay:a. Incentive rates applicable to the workers in any

department for each product and for each classifica-tion of work shall be posted in advance upon a bul-letin board in plain sight of the workers. Postedincentive rates shall state a definite unit price to bepaid, and the unit of work to which the unit price isapplicable. Incentive rates may be changed there-after to compensate for variations in products orprocesses, to correct errors, or for other reasonablecauses. The local union shall be notified in writing inadvance of any such changes in incentive rates.

b. Any protests involving changes in incentive ratesmust be filed as a grievance within five (5) days aftersuch notice of change, otherwise the change shall bedeemed approved. Changes in incentive rates ineffect at the end of the preceding season are includedwithin the meaning of this paragraph.

C. General Wage Provisions.1. Daily Assignment. The rate of pay per hour for each

hour worked by any employee shall be in accordancewith the rate established for the job classification towhich the employee is assigned, provided, however, therate of pay of any employee shall not be reduced duringany day or shift by reason of the employee’s assignmentto a lower classification during such day or shift.

2. Annual Assignment.a. Employees who worked at least fourteen hundred

(1400) hours in the preceding calendar year oranniversary year shall not be reduced from theirannual assignment regardless of work assignmentsubject to the conditions set forth below. Holidays,at the rate of eight (8) hours for each contractual hol-iday, and vacation hours including sabbatical leave,

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jury duty and death in the family (calculated as thenumber of hours the employee would otherwise haveworked) shall be credited toward the fourteen hun-dred (1400) hour requirement. Hours lost due to anindustrial injury, industrial illness and paid sickleave (calculated as the number of hours the employ-ee would otherwise have worked) shall also be cred-ited toward the fourteen hundred (1400) hourrequirement. A list of such employees and theirannual assignments shall be prepared by the compa-ny and sent to the local union not later than January20th of each year or the 20th day after the anniver-sary date. Any such eligible employee’s initial annu-al assignment rate shall be effective January 1, or atthe end of the employee’s 12 month anniversaryperiod. Such eligibility date will be the first day ofthe calendar month in which the employee’semployment anniversary occurs, if no later than the15th day of the month; otherwise, it will be the firstday of the following calendar month. Subsequentrecalculations of annual assignment shall be madeon January 1st of the following year.

b. Any dispute concerning an employee’s annualassignment shall be referred to the Arbitration Boardand shall be determined as follows:(1) The annual assignment shall be determined as

follows: A statement shall be prepared showingthe rates of pay and the number of hours workedat each rate of pay up to a minimum of sevenhundred (700) hours during the previous year.Starting with the highest hourly rate on suchstatement, the corresponding hours shall beadded until seven hundred (700) hours arearrived at. The rate last used upon reaching sevenhundred (700) hours becomes the annual assign-ment. Holidays, at the rate of eight (8) hours foreach contractual holiday, shall be credited towardthe seven hundred (700) hour requirement. Hourslost due to an industrial injury, industrial illness,sabbatical leave and paid sick leave, vacations,jury duty or death in the family (calculated as thenumber of hours the employee would otherwise

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have worked) shall be credited towards the sevenhundred (700) hours on the basis of the bracketrate of pay the employee would have been enti-tled to be assigned to, based on seniority andqualifications, if the employee had not beeninjured. In the event that an employee’s seniorityand ability would entitle this person to credit fora higher rate of pay than used in the aforemen-tioned statement, the employee shall receivecredit in the computation for the rate to whichseniority and ability would entitle the employee.

(2) After an employee gains an annual assignment, itshall be maintained from year to year thereafterand to the end of the calendar year after the job isabolished. The annual assignment shall not con-tinue if the employee becomes unable to performthe job, unless the employee’s inability to per-form the job is due to an industrial injury.The company shall notify the local union at leastten (10) days before a job is to be abolished.Employees who earn an annual assignment forthe first time on or after January 1, 1964, mayhave their annual assignments recalculated eachyear. However, if the calculation results in alower annual assignment, the higher annualassignment will be retained for the same numberof consecutive years the higher annual assign-ment was earned to a maximum of ten (10) years.Employees who have earned a higher annualassignment equivalent to the number of years ofseniority protection prior to January 1, 1989, willretain said annual assignment until such years ofprotection are used.

(3) Personal premiums granted after March 1, 1947,will not be used in the computations and will notbe part of the annual assignment.

3. Personal Premiums. Employees who on or beforeMarch 1, 1947, were receiving a personal premium shallcontinue to receive the premium when assigned to theirregular duties or to duties calling for a lower bracketrate. Any employee receiving a personal premium forthe first time after July 1, 1994, at a bracket rate, will be

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advised in writing with a copy to the local union, of hisor her personal premium. If such written notification isnot given, said personal premium may not be withdrawnas long as the employee continues to perform the job forwhich such personal premium was given. This writtennotification does not apply to personal premiums paid atother than an established bracket rate. Piece-work pay-ments, incentive payments or other methods of paymentwhere earnings are directly related to a measuredamount of production are not included within the limita-tions of this paragraph.

4. Night Work Premium.a. A second shift premium of ten cents (10¢) per hour

shall be paid to all employees in accordance with thefollowing rules:(1) When an employee’s daily overtime starts at or

before 6:00 P.M., the employee shall not be enti-tled to the night work premium for any overtimehours worked after 6:00 P.M.

(2) Any employee who works four (4) hours or moreat straight-time between 6:00 P.M. and 12:00Midnight shall receive the second shift premiumfor the full shift including any overtime hours.

(3) Any employee who works less than four (4)straight-time hours between 6:00 P.M. and 12:00Midnight shall receive the second shift premiumonly for those hours worked within the period6:00 P.M. and 12:00 Midnight.

b. A third shift premium of fifteen cents (15¢) per hourshall be paid to all employees in accordance with thefollowing rules:(1) When an employee’s daily overtime starts at or

before 12:00 Midnight, the employee shall not beentitled to the third shift premium for overtimehours worked after 12:00 Midnight.

(2) Any employee who works four (4) hours or moreat straight-time between 12:00 Midnight and 6:00A.M. shall receive the third shift premium for thefull shift including any overtime hours.

(3) Any employee who works less than four (4)straight-time hours between 12:00 Midnight and

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6:00 A.M. shall receive the third shift premiumonly for those hours worked within the period12:00 Midnight and 6:00 A.M.

(4) Any employee who works four (4) straight-timehours before and after 12:00 Midnight shallreceive the third shift premium.

(5) Any third shift (graveyard) employee who worksa shift of four (4) hours or less will receive a totalof twenty-five cents (25¢) per hour as a nightshift premium for each hour worked.

c. The appropriate shift premium shall be added to thebase rate for purposes of computing overtime pay-ments to all employees who are entitled to a shiftpremium.

d. When asparagus is being processed on a one-shiftbasis, the shift premium shall not start before 6:00P.M. When asparagus is being processed on a two orthree-shift basis, all provisions of the above para-graphs shall apply.

5. Time and Place of Compensation. Weekly paychecksto all employees compensated on an hourly basis shallbe made available to employees not later than Friday ofthe following week. Paychecks for employees who quitvoluntarily shall be available within seventy-two (72)hours from the close of the shift on which they quit,Sundays and contractual holidays excluded. Paychecksfor employees who are laid off for lack of work shall beavailable within seventy-two (72) hours from the closeof the shift on which the layoff occurred, Sundays andcontractual holidays excluded; provided, however, thecompany will make every reasonable effort to make ear-lier payment to employees requesting the same, or willmail paychecks to such employees upon request.Grievance adjustments and sick leave payments, if notspecifically itemized on regular paychecks, shall be paidin a separate check.

6. If requested by the local union, a joint committee will beestablished at the plant level for the purpose of develop-ing reasonable and practicable methods for reducing oreliminating long lines at employee pay windows. In

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addition, the joint committee will attempt to developreasonable means by which second and third shiftemployees can receive their paychecks following thesecond and third shifts on Thursday.The joint committee shall function in good faith toachieve the above stated objectives.

Section VIIHOLIDAYS

A. The Following Holidays Will Be Recognized: NewYear’s Day, President’s Day, Good Friday, Memorial Day,Fourth of July, Labor Day, Veterans’ Day, ThanksgivingDay, Friday after Thanksgiving, Christmas Eve, ChristmasDay and December 31.

B. Eligibility For Benefits For All Contractual Holidays:Fourteen Hundred (1400) Hour EmployeesFourteen Hundred (1400) Hour Employees shall be eligiblefor all holidays immediately upon obtaining fourteen hun-dred (1400) hours.Non-Fourteen Hundred (Non-1400) Hour EmployeesEmployees whose names appear on the current senioritylist and who also had seniority status in the previous calen-dar year.

C. All Eligible Employees Must Meet The FollowingRequirements:1. If called to work on the holiday, the employee must

work or forfeit holiday pay unless the absence isexcused as provided in Section IX.M.5.

2. For all holidays: The employee must work on the employ-ee’s scheduled work day before and after the holiday andsuch scheduled work days must fall within a spread oftwelve (12) working days before and after the holiday, butexcluding the holiday. However, a fourteen hundred(1400) hour employee shall be guaranteed to receive holi-day pay for Christmas Eve, Christmas Day, New Year’sEve and New Year’s Day. An otherwise eligible employ-ee who works on a holiday but is thereafter on layoff dueto lack of work shall qualify for holiday pay.

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3. An employee who is absent from the employee’s sched-uled working day before or after the holiday because ofsubstantiated illness or other legitimate reason shall qual-ify for the paid holiday provided the employee returns towork within the twelve (12) day spread. Documentationverifying a substantiated illness or other legitimate reasonmust be provided on the employee’s next scheduled workday, except for circumstances beyond the employee’scontrol. The foregoing requirement shall not be applica-ble to an employee who is on vacation.

D. Calculation of Holiday Pay:1. The amount of pay for an unworked holiday will be

eight (8) hours’ pay at the employee’s hourly rate ineffect on the employee’s previous working day or if theemployee is on an incentive basis of pay, the holidaypay will be eight (8) hours at the contractual straight-time hourly rate.

2. Established personal premiums shall be included in thecalculation of pay for holidays not worked, but the nightwork premium shall not be included.

3. An employee eligible for holiday pay who works on theholiday will receive the eight (8) hours of holiday pay asdefined in Paragraph 1. above plus Sunday rates forwork performed on the holiday.

4. An employee not eligible for holiday pay who works onthe holiday shall receive Sunday rates.

E. Other General Holiday Provisions:1. If any of the contractual holidays fall on Sunday, the

following Monday shall be observed as the holiday.2. Any holiday which falls on a Saturday shall be granted

as a paid holiday to eligible employees, with the actualobservance of the holiday to be at the company’s optionon either Friday or Saturday. If the company electsFriday but does not work on Friday, Saturday shall be atime and one-half day if worked. The company shallnotify the employees and the local union no later thanMonday of the week in which a holiday falls onSaturday which day the company has selected as thecontractual holiday.

3. If an eligible employee is on vacation, the pay for a con-tractual holiday which falls during the vacation will be

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added to the vacation check or the employee’s paidvacation may be extended by the number of contractualholidays which fall during the vacation period.Whichever practice is followed, the company must beuniform and consistent with respect to all employees.

4. No work shall be performed on any contractual holidayexcept in cases of emergency or in the performance ofnecessary maintenance, repairs or preparation work toenable resumption of regular operations on the follow-ing day.

5. No plant layoffs shall be scheduled for the sole purposeof avoiding holiday pay.

6. The July 4 holiday shall be paid at the rate in effect onJuly 1.

Section VIIIVACATIONS

A. Eligible Employees Will Be Granted Vacations With PayIn Accordance With The Following Schedule:Years of Service Length of Vacation1 but less than 3 years . . . . . . . . . . . . . . . . . 1 week

Pay: 2% of “annual earnings”including vacation pay

3 but less than 7 years . . . . . . . . . . . . . . . . . 2 weeksPay: 4% of “annual earnings”

including vacation pay7 but less than 18 years . . . . . . . . . . . . . . . . 3 weeks

Pay: 6% of “annual earnings”including vacation pay

18 years and over . . . . . . . . . . . . . . . . . . . . 4 weeksPay: 8% of “annual earnings”

including vacation pay“Annual Earnings” do not include retirement allowances,sick leave payments, bonus payments, traveling expenses,other insurance payments, nor earnings subsequent to thetime a vacation is taken as provided in Paragraph D. and E.below. If an employee has qualified for vacation pay, and isoff work due to an industrial injury, Workers’

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Compensation payments will be included in the computa-tion of “annual earning” only in those years in which theemployee has actually worked.

B. Eligibility. For purposes of this Section, a “year of service”is defined as fourteen hundred (1400) combined straightand overtime hours of employment, including all hours forwhich payment is required under the contract, within theemployee’s twelve (12) month “qualifying period”. Theterm “qualifying period” as used in this Section shall meanthe twelve (12) calendar months of the year or the twelve(12) months dating from the hiring date of the employee oran anniversary thereof, during which the employee hasworked at least fourteen hundred (1400) combined straightand overtime hours. Either type of “qualifying period” maybe used by the company in keeping vacation records. Anemployee initially qualifies immediately upon attainingfourteen hundred (1400) hours.

C. Other General Vacation Provisions.1. Leaves of absence granted under Section IX.M. 1.b.

shall be counted as time worked in computing vacationeligibility, and the number of hours credited shall be thestraight-time hours of the appropriate shift worked inthe plant during the period of such leave.

2. Any employee whose service is broken by any of theconditions set forth under “Loss of Seniority” and who issubsequently rehired, forfeits any previous fractionalvacation eligibility, original anniversary date of employ-ment and all previously accumulated years of service.

3. Similarly, any employee whose service is broken beforehaving completed the requisite number of hours forfeitsall vacation privileges.

4. If an employee becomes disabled while on vacation orsabbatical leave, at the employee’s request, suchemployee may have their vacation or sabbatical leaveinterrupted and be placed on sick leave status onMonday of any week providing the employee notifiesthe company and substantiates the disability onMonday. Failing such Monday notification, the employ-ee may be placed on sick leave on Monday of the nextweek. The employee’s unused vacation shall be grantedon request on a later date.

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5. Employees who retire and are granted the retiree Healthand Welfare Plan benefits for fourteen hundred (1400)hour employees will be given a pro-rata vacation basedon the appropriate percentage of their earnings from thelast date of their qualifying period to the start of thevacation prior to retirement.

6. Each employee shall be given an opportunity annuallyto request vacation preferences as early as practicable inthe plant’s vacation eligibility year. Vacation prefer-ences shall be granted consistent with operating require-ments and the employee’s seniority. At least sixty (60)days’ advance notice of vacation shall be given to eachemployee. Employees shall not be required to take vaca-tions during layoff periods except by mutual consent.Contractual holidays that fall during vacations whichhave been scheduled and agreed to in advance will bepaid for in accordance with Section VII. E. 3. However,employees shall not be permitted to schedule vacationduring layoff periods for the specific purpose of obtain-ing additional pay for holidays for which they would nothave been eligible.

7. Nothing in this Section shall be interpreted to entitle anyemployee to a pro-rata vacation based on partial eligibili-ty, except as provided in C.5. above and E. of this Section.

8. Consistent with operating requirements, vacations shallbe scheduled in accordance with seniority preference.

9. Any employee who has completed fourteen hundred(1400) hours in the employee’s current qualifying peri-od and who quits or is discharged is entitled to receivevacation pay, but not pay for holidays which fall afterthe date of termination. Employees who are laid off oremployees who, for personal convenience, request theirvacation pay immediately after fourteen hundred (1400)hours’ work in their current qualifying period shall bepaid on the basis of their earnings to the date of thevacation. Credits for any subsequent vacation pay willcommence again upon returning from vacation.

10. Employees may not receive vacation pay in lieu of time off.11. If either the Company or the employee elects to cancel

the employee’s scheduled vacation, the party makingthe cancellation shall be required to give the other party

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thirty (30) calendar days notice prior to the start of thescheduled vacation.

12. The parties agree that an employee who is on a regularlyscheduled vacation shall not be required to report forwork on the weekend before and the weekend after theemployee is granted vacation leave.

13. If an eligible employee is on vacation, the pay for a con-tractual holiday which falls during the vacation will beadded to the vacation check or the employee’s paidvacation may be extended by the number of contractualholidays which fall during the vacation period.Whichever practice is followed, the company must beuniform and consistent with respect to all employees.

D. Protection of Vacation.After an employee has qualified for a vacation, the employ-ee shall retain vacation eligibility if the employee failed towork fourteen hundred (1400) hours, including all hours forwhich payment is required under the contract, and suchfailure to work was due to layoff by the company for lackof work or due to an approved leave of absence for person-al or industrial illness or injury. Such protected vacationshall be counted as a “year of service”. An employee’svacation will be protected for the same number of creditedyears of service up to a maximum of ten (10) years.

E. Pro-rata Vacation Pay.After an employee has qualified for a vacation and fails towork fourteen hundred (1400) hours and such failure towork was due to layoff by the company for lack of work,due to an approved leave of absence for personal or indus-trial illness or injury, as a result of a plant closure or due tothe death of the employee, such employee is eligible forpro-rata vacation pay based on all hours for which paymentis required under the contract, except paid sick leave.

Section IXSENIORITY

A. The Seniority List. There shall be one seniority list in eachplant. Seniority will be attained after an employee hasworked thirty (30) working days dating from the employ-ee’s hire date within two (2) consecutive calendar years.

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B. Order of Seniority. The order of seniority shall be on the daythat the employee attains the thirtieth (30th) work day. Whenan employee has worked thirty (30) days as provided above,the employee’s name shall be added to the seniority list.In the event that more than one employee attains seniorityon the same calendar day of the year, those employees willbe listed on the seniority list according to the last four digitsof their Social Security Number, in ascending order, withthe lowest number at the top of the list prevailing. If anerror is made in applying this provision, the company shallhave twenty-four (24) hours after being informed of theerror to correct it.

C. Review and Approval Procedure. All requests for correc-tion by an employee in the seniority listing shall be made inwriting within thirty (30) days after the employee’s namehas been added to the seniority list.If the employee is on layoff when such employee’s name isadded to the seniority list, the employee shall have thirty(30) days after returning to work to request a correction ifwarranted.After said thirty (30) days, no changes will be made for anyreason.

D. Effective Date for Seniority. Until an employee’s nameappears on the seniority list, the employee shall not be enti-tled to seniority privileges. Job assignment, layoff andrecall may be made without regard to hiring dates untilsuch time as an employee gains seniority listing.

E. The company shall place all additional names on theseniority list promptly after the employee has attained therequired thirty (30) work days. The local union shallreceive a copy of all names added to the seniority list. Theemployee shall be promptly notified that seniority has beenattained. The company and the local union shall determinea suitable procedure for notification in each plant.

F. It is expressly understood that in a new plant where no pre-vious seniority list has been established, seniority duringthe first year of the plant’s operation will begin to exist andaccrue after the first thirty (30) days of employment of theindividual worker. The seniority list so established shallconfer eligibility for holiday pay.

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G. Preference in Recalling, Layoffs and in Filling Jobs.1. In layoffs and recalling of employees and in filling of

jobs, seniority shall be observed providing the employeeis qualified to perform the available work. Qualifiedshall mean an individual who has bid on and who isawarded a Bracket III or above job bid for seasonal ornon-seasonal openings.

2. A senior Bracket V employee may request to be placedon a Bracket IV job and can thereby displace anemployee in Bracket IV with lesser seniority. Seniorityshall prevail where an employee moves from Bracket Vto Bracket IV in spite of the fact that the employee inBracket V may require training to qualify for theBracket IV job. Bumping from one Bracket IV job toanother Bracket IV job shall not be permitted unless themove provides definite promotional opportunities orinvolves superior working conditions. Superior workingconditions shall be limited to hot, cold, wet or dry work-ing environments.

3. In the event of a layoff because of curtailment of opera-tions, seniority employees, if qualified, shall be entitled toclaim available jobs of equal or lesser rates of pay held byemployees with less seniority, but are not entitled toclaim any specific jobs, it being understood that the prin-ciple of seniority establishes the right of job security butnot job selection. However, if no job is available withequal or lesser rates of pay, the senior employee who inlieu of being laid off shall, if qualified, replace a lesssenior employee in a higher rated job; qualified shallmean having previously preformed the job satisfactorilyfor the company as a result of bidding and having beenawarded a Bracket III or above job for a seasonal, non-seasonal, or temporary opening. Notwithstanding theabove provisions, in the event an employee with seniorityis shifted to another job or given an unreasonable jobassignment, such job assignment shall be subject to thegrievance procedure of the Agreement.

H. Job Posting.1. Seasonal Openings. For jobs which are available sea-

sonally, or job openings which exist due to increasedseasonal activity, a seasonal master listing of such jobswill be posted in each plant on a bulletin board at loca-

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tions agreed to by both parties. Seniority shall beobserved providing the employee is qualified to performthe available work and follows the procedures outlinedbelow. Such seniority shall be exercised only for higherbracketed jobs unless a lateral job with no increase inpay offers definite promotional opportunities orinvolves superior working conditions, or a lower brack-eted job offers definite promotional opportunities oradditional hours of work. Superior working conditionsshall be limited to hot, cold, wet or dry working envi-ronments. However, for the period of time the employeeworks in the lower bracketed job, the employee, regard-less of annual assignment, shall receive the rate of payof the work performed. Employees must sign-off fromtheir higher bracketed jobs and will not be eligible to re-bid for their previous jobs for at least six (6) months ifthey are awarded a lower bracketed job.a. The company will post a master listing, prior to the

beginning of each season, of all Bracket III or abovejobs that are expected to become available. Jobapplications will be accepted on all future job open-ings contained in the master listing. The companyshall be required to provide each employee at thetime of the employee’s registration with informationregarding future job openings and procedures for fil-ing job applications. The master listing and each jobposting will contain a notice advising employees thatadditional information relating to the job duties ofthe posted job may be obtained by contacting thepersonnel office.The master listing of all jobs that are expected tobecome available in Bracket III or above shall beupdated every two (2) weeks and the number of antic-ipated openings in each job shall be indicated on thelist. The date of updating the list will also be shown.Employees who complete an application for the jobrequested will be considered. If a given job has notbeen included in the master listing, it shall be postedon a bulletin board at locations agreed to by bothparties for five (5) working days when the job open-ing becomes known, at which time employees maymake application.

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New jobs or jobs not otherwise on the list will beposted on a bulletin board at locations agreed to byboth parties for five (5) working days.Seasonal jobs temporarily vacated for less than three(3) weeks, 21 consecutive days, due to illness, leaveof absence, etc., shall be filled by interim appoint-ments, unless such jobs are included in the masterlisting. If included in the master listing, the tempo-rary seasonal opening will be filled from the list ofseasonal applicants. Section IX, H., 3. (TemporaryOpenings) applies to this section.

b. As soon as practical after receiving the job applica-tion, the company will review the application andnotify the employee and the local union if suchemployee does not have the qualifications to be con-sidered for employment in that job. Such decisionson the part of the company will be subject to thegrievance and arbitration procedures of thisAgreement.

c. When openings occur in a job, these openings will beoffered to the employees who have approved applica-tions on the job application roster for that job.Selections will be made on the basis of seniority statusof the applicants providing ability and physical fitnessare comparable. However, if no applicants are quali-fied to perform the work, the company may elect toassign another employee or hire a new employee whopossesses the qualifications for the job.

d. Applications will remain in effect only during theoperating season in which the application is made.

e. No employee may be eligible to have more than five(5) qualified job applications outstanding at the sametime. In the event that an employee applies for asixth (6th) job and is found qualified, the earliestoutstanding job application will be automaticallycancelled unless the employee chooses to cancelanother application. When an employee is trans-ferred to a job for which the employee has applied,the employee’s remaining applications for higher-paid jobs shall continue in effect if the employee sospecifies. The company shall request the employeeat the time of such transfer to put in writing whether

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or not the employee desires the remaining applica-tions to continue in effect.

f. An employee awarded a job for which the employeehas applied may not apply for another job before six(6) months unless there is a mutual agreementbetween the company and the local union except fora job for which such employee has previously madeapplication as provided in “e” above. Neither thecompany nor the union may arbitrarily withholdapproval.

g. During the first seven (7) working days of the trialperiod, the employee will be paid at the employee’sold rate of pay. If an employee did not qualify, theemployee will be allowed to rebid for the same job atthe next job posting, after one (1) year. To be consid-ered for the new job opening, the employee mustpresent acceptable documentation of a demonstrablechange in ability or qualifications and/or skills. Thetrial period may be less than, but not more than, thir-ty (30) working days unless the trial period isextended by mutual agreement. In the event theemployee is not qualified, the trial period may beless than seven (7) days. If the employee is not qual-ified, such employee shall be returned to a job at theemployee’s former rate of pay.

h. Those jobs on the Master List which may exist on anon-seasonal basis will be indicated as such on theMaster List. Future job assignments will be based onseniority and qualifications. Qualified shall mean anindividual who has bid on, was awarded, and suc-cessfully performed a Bracket III or above job forseasonal or non-seasonal openings.

2. Non-Seasonal Openings. a. All non-seasonal job openings that the company

requires to be filled will be posted on a bulletinboard at locations agreed to by both parties for five(5) days.

b. (1) All jobs permanently vacated and temporary jobopenings, that the company requires to be filled,for non-seasonal assignments of three (3) or moreweeks, 21 consecutive days duration will be post-

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ed on a bulletin board at locations agreed to byboth parties for five (5) working days. Such jobposting shall include job descriptions. If a planthas need for an employee to perform mechanicalwork that will exist on a year-round basis andsuch need is predictable but is not for a jobspecifically vacated by any year-round employee,then such predictable need shall also be posted ona bulletin board at locations agreed to by bothparties and the posting period will be for ten (10)working days. During the posting period, interimappointments may be made providing the compa-ny does not have sufficient notice of the tempo-rary opening.Employees will be provided an opportunity toindicate their desire to be considered for postedjobs by completing a form prior to being offwork. In the event a more senior employee is notselected for the job posting, the company willcontact employees who have completed the form.The company will not be obligated to contactmore than fifty (50) employees on any one jobposting. Such notifications will be by phone orcertified mail.New jobs or jobs not otherwise on the list will beposted on a bulletin board at locations agreed toby both parties for five (5) working days. Thecompany shall notify all employees who bid for ajob and the union of the person selected. If thecompany decides not to fill the job, the companyshall advise the union of the reason why any suchjob was not filled.

(2) Only applications made within the specified postingperiod by seniority employees will be considered.

(3) The company will consider all employees whoapply although consideration need not be limitedto this group if there are no qualified applicants.

(4) In making promotions to jobs permanently vacat-ed or to new jobs to be filled, seniority shall pre-vail providing ability and physical fitness arecomparable.

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(5) A copy of the posted vacancy will be sent to thelocal union.

(6) Applications may be made only for higher brack-eted jobs unless a lateral job with no increase inpay offers definite promotional opportunities orinvolves superior working conditions, or a lowerbracketed job offers definite promotional oppor-tunities or additional hours of work. Superiorworking conditions shall be limited to hot, cold,wet or dry working environments. However, forthe period of time the employee works in thelower bracketed job, the employee, regardless ofannual assignment, shall receive the rate of payof the work performed. Employees must sign-offfrom their higher bracketed jobs and will not beeligible to re-bid for their previous jobs for atleast six (6) months if they are awarded a lowerbracketed job.

(7) Prior to commencing sabbatical leave, vacationor an approved leave of absence seniorityemployees shall receive a form from the compa-ny on which the employee shall be given theopportunity to bid on a promotion which maybecome available during the absence. Theemployee shall complete the form and return it tothe company prior to departure. The form shall besent to the home of any sick or injured seniorityemployee for completion. Thereafter, the compa-ny shall send a copy of any promotional openingto any employee who has indicated a desire to bidat the address designated on the form. Theemployee shall have seven (7) days from themailing date to apply in writing for the opening,unless the employee can demonstrate that it wasnot possible to do so in which event the employeeshall be given an opportunity to bid on the jobopening within two (2) days following theemployee’s return to work. The employee musthave returned to work and be able to perform theduties within thirty (30) calendar days, except forsabbatical leave or vacation, from the date the jobwas posted in order for the bid to be considered.

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(8) The local union will be notified promptly whenthe job is filled and the local union has ten (10)days from the date of notification to file anyprotest.

(9) An employee awarded a posted job may notapply for another job before six (6) monthsunless there is mutual agreement between thecompany and the local union.

(10) During the first seven (7) working days of thetrial period, the employee will be paid at theemployee’s old rate of pay. If an employee didnot qualify, the employee will be allowed to re-bid for the same job at the next job posting, afterone (1) year. To be considered for the new jobopening, the employee must present acceptabledocumentation of a demonstrable change in abili-ty or qualifications and/or skills. The trial periodmay be less than, but not more than, thirty (30)working days unless the trial period is extendedby mutual agreement. In the event the employeeis not qualified, the trial period may be less thanseven (7) days. If the employee is not qualified,such employee shall be returned to a job at theemployee’s former rate of pay.

(11) No more than two (2) postings shall be requiredas a result of any one vacancy.

3. Temporary Openings. The parties agree that a tempo-rary opening occurs when an employee is ill, on vaca-tion or sabbatical leave, or on an approved leave ofabsence, and needs to be replaced.The parties further agree that if a junior employee isimproperly assigned to fill a temporary opening, it willbe corrected by the company as soon as either the unionor the employee brings it to the company’s attention.The experience gained by the employee who wasimproperly assigned will not be counted as the abilityand physical fitness requirements for the job if it is sub-sequently posted and that employee bids on the job.Conversely, if a temporary opening is posted in accordwith the posting provisions of the Contract, the experi-ence gained by the successful bidder will count as the

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ability and physical fitness requirements of the job. Thecompany shall provide a bulletin board at locationsagreed to by both parties.

I. Day or Shift Assignment. Employees on the basis ofseniority may claim the right to transfer to another depart-ment to work more hours or to work on an overtime day inaccord with the following rules:1. Employees requesting a transfer to another department

in order to work more hours weekly must:a. Request such transfer by completion of appropriate

form furnished by the company.b. Transfer for the entire week at the beginning of the

week.c. Receive the rate of the job requested.

2. Employees requesting a transfer for work on whichovertime premium is paid (holiday, Saturday or Sunday)in another department must request such transfer bycompletion of an appropriate form furnished by thecompany. Such work assignment for clean-up crewemployees and for quality control employees, BracketIV and above, shall be made first to those that workedon that crew or department on the work day prior to theweekend or holiday. If working clean-up crew employ-ees or employees in quality control are not sufficient tofill staffing needs, any employee from another depart-ment who has requested Saturday, Sunday, or holidaywork shall be assigned clean-up crew work or qualitycontrol work in line with that employee’s seniority andqualifications.An employee shall not be eligible to claim work on thebasis of seniority in the event the IWC imposes restric-tions or penalties on work in excess of seventy-two (72)hours and seven (7) consecutive days.

3. On multiple shift operations, each company will makeshift assignments in the order of seniority consistentwith the operating requirements of the particular plant,including the availability of products. The above shallbe subject to the grievance procedure of the Agreement.Employees requesting a transfer to another shift must:a. State their shift preference on the appropriate form

furnished by the company.

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b. Transfer at the beginning of the week. c. Transfer only to an equal or higher rated job.

However, senior employees shall be allowed toselect a shift to a lower rated job without loss ofguaranteed annual assignment, when there is nomonetary cost to the company. However, such elec-tion may result in the employee waiving his guaran-teed annual assignment, if applicable, for the periodof such transfer. Such request for a transfer to alower rated job will be granted if there is a qualifiedreplacement for that employee currently working.

4. In instances where two or more employees are perform-ing the same job in a department within a shift whichhas different starting times and all employees are quali-fied to perform the work, the senior employee mayrequest a change in starting time. The company shall notarbitrarily withhold approval of such a request.

5. It is understood that the repetitive exercising of shiftpreference and shift starting time will not be abused soas to adversely affect company operations.

J. Loss of Seniority. Seniority will be forfeited under the fol-lowing conditions:1. If the employee is discharged for cause.2. If the employee voluntarily quits.3. If, upon resumption of operation or when recalling after

a temporary layoff, the employee is reasonably notifiedto report to work and fails to do so at the specified time,unless such failure to report was excusable for reasonssatisfactory to the company and the local union. If suchfailure to report is excusable, the employee shall loseonly the immediate employment offered and shall becontinued in that employee’s relative place on theseniority list.Failure to report to work shall be considered excusableunder this Section if:a. The individual employee is unable to perform the

duties of the job offered or available for any one ofthe following reasons:(1) The duties of the particular job exceed the physi-

cal capabilities of the employee and the employ-ee has executed a signed waiver for that job.

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(2) A doctor’s certificate is furnished to the companyattesting to the existence of a medical conditionrendering the employee unable to perform theduties of that job.

b. After the processing season the job offered is notaccompanied by a statement from the company thatemployment will be reasonably assured for ten (10)consecutive working days.(1) In the event that employment is less than or more

than ten (10) consecutive working days, the com-pany must demonstrate that its employment offerwas made on good faith based on the specificfacts available at the time employment wasoffered.

(2) It is understood that an offer of employment ofless than ten (10) consecutive working days can-not be excused if there is no one else availableand qualified to perform the work.

In order to facilitate the implementation of theabove, employees who do not want to be called foravailable work which, in the estimation of the com-pany, will amount to less than ten (10) consecutiveworking days, shall sign an appropriate form.

4. If, in the absence of a signed waiver, an employee doesnot report for work when recalled where:a. The employee has previously performed such work.b. The company can reasonably expect the employee to

perform such work.5. If the employee has been off work for two (2) days or

more and has failed:a. To properly notify the company.b. To provide satisfactory reasons to the company and

the local union for the absence or failure to call.6. If the employee fails to report to work at the termination

of a leave of absence.7. Seniority shall be lost in the event an employee fails to

work thirty (30) working days within two (2) consecu-tive calendar years except as provided in M. 1. and N. ofthis Section.

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K. Demotion or Discharge for Lack of Qualifications. Incases of demotion (permanent) or discharge of employeeson the seniority list for lack of qualifications or ability toperform a job, the company will notify the local unionbefore action is taken, whenever time and circumstancespermit.

L. Rehiring. Any person rehired after losing seniority shall berehired as a new employee, having forfeited all previouslyaccrued privileges and benefits provided in the Agreement.Probationary employees who are terminated and thenrehired at the same facility within thirty (30) days will begiven credit for all days previously worked.

M. Retention of Seniority.1. Leaves of absence shall be granted under the following

circumstances:a. To Employees who left their cannery jobs to accept

positions with the local union or the Union, prior toJuly 1, 2009, provided that upon termination of suchposition they shall notify the company within thirty(30) days of such termination that they are availablefor reemployment. No new leaves for this purposewill be granted after June 30, 2009.

b. If the employee suffers an injury on the job or suf-fers an illness growing directly out of an injury onthe job. Such leave shall be for the duration of the illness orinjury as determined by appropriate medical evidence.

2. Leaves of absence may be granted when an employeerequests a leave in writing and in the company’s judg-ment such leave is consistent with operating require-ments. In all cases where an employee has properlyrequested a leave in writing and it is denied by the com-pany, the local union shall be notified by the companyof such denial.

3. A leave of absence shall not be valid unless granted bythe company in writing and approved by the local union.The company will not arbitrarily withhold the leave andthe local union will not arbitrarily withhold approval.

4. A leave of absence shall protect an employee’s seniori-ty, but leave of absence time except for the leave ofabsence under M. 1. b. above and a leave of absence for

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personal illness or injury, shall not count as time workedin computing vacation eligibility.

5. The company shall designate and send to the local uniona list of persons authorized to grant leaves of absencefor sickness or other emergencies for not more than ten(10) days. Such leaves need not be in writing but arecord shall be made of the permission granted. Suchleaves will not be official unless granted by the autho-rized person or persons.

6. When an employee exercises the employee’s rightsunder the provisions of Section X, Hiring Practices, andis rehired by a company from one of its plants that hasbeen closed permanently, such employee shall retainseniority for only the purposes of fringe benefits subjectto the provisions of subparagraph N. of this Section.However, the employee shall be treated as a newemployee for purposes of contractual seniority.

N. Protection of Seniority. An employee’s seniority andfringe benefits status shall be protected if the employeefailed to work the required hours and days during the pre-ceding calendar year or anniversary period and such failurewas due to layoff for lack of work by the company. Thelength of protection shall be directly equivalent to the num-ber of attained years of seniority up to a maximum of ten(10) years.

Years of Seniority Length of Protection1 Year 1 Year2 23 34 45 56 67 78 89 9

10 10

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Section XHIRING PRACTICES

The following procedures shall be observed in the rehiring offormer employees and in the hiring of new employees.A. When operations require the employment of additional

workers, the company will give preference to unemployedpersons whose names appear on the current seniority list ofthe particular plant, it being understood that such personsmust be available and qualified to perform the work.

B. In the event available qualified persons with seniority areinsufficient to supply the requirements of the company, thecompany shall hire cannery workers with previous satisfac-tory employment in the particular plant who are qualified toperform the work available. Such hiring insofar as possiblewill be in accordance with the amount of time previouslyworked in the plant.

C. In the event the available and qualified persons with senior-ity, plus additional persons hired in accordance with theforegoing rule in B. above, are insufficient to fill therequirements of the company, then the company will givepreference in hiring to additional qualified persons whohave had previous experience in the Northern CaliforniaCanning Industry; however, the company shall have theright to reject any undesirable applicants. If no such per-sons are available, the company may then hire from anysource. All non-seniority persons shall make application forunion membership, and the local union agrees not to unrea-sonably refuse such persons into membership in the localunion. Such persons shall make application for and com-plete such union membership subject to the provisions ofthe Labor-Management Relations Act of 1947.

D. As used in the foregoing paragraphs, it is understood that theterm “available” shall mean the persons shall present them-selves at the time and place specified by the company, andthe term “qualified” shall mean able to perform the workaccording to the standards and judgment of the company.

E. Whenever possible, companies will give advance notice tothe locals of their intent to hire new employees. Uponrequest from the local union, the company will furnish thename, social security number and badge number of all newemployees hired on a daily basis.

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Section XICONDUCT OF UNION BUSINESS

A. Plant Visits by Local Union Representatives.The company agrees to admit to its plant at all reasonabletimes the authorized representative of the local union forthe purpose of collecting dues, observing the application ofthis Agreement and adjusting grievances. These activitiesare to be discharged in a manner that will avoid unneces-sary loss of time or disruption of working schedules. Thelocal union representative shall advise the company of suchvisits by notifying the plant office before or at the time ofentering the plant.

B. Authority of Union Stewards.1. The company recognizes the right of the local union to

designate job stewards and alternates.2. The authority of job stewards and alternates so designat-

ed by the local union shall be limited to, and shall notexceed, the following duties and activities:a. The investigation and presentation of grievances in

accordance with the provisions of the CollectiveBargaining Agreement.

b. The transmission of such messages and informationwhich shall originate with, and are authorized by thelocal union or its officers, provided such messagesand information:(1) Have been reduced to writing, or(2) If not reduced to writing, are of a routine nature

and do not involve work stoppages, slowdowns,refusal to handle goods, or any other interferencewith the company’s business.

c. Such stewards or alternates will be permitted tem-porarily to leave their work stations to discuss emer-gency grievances with local union representativesvisiting the plant under the provisions of ParagraphA. of this Section in instances where the discussioncannot be delayed. The representatives agree torequest such meetings through the departmentalsupervisor when they wish to see the steward or alter-nate away from the steward’s or alternate’s station.

3. Job stewards and alternates have no authority to takestrike action, or any other action interrupting the

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company’s business, except as authorized by officialaction of the union.

4. The company recognizes these limitations upon theauthority of job stewards and their alternates and shallnot hold the union liable for any unauthorized acts. Thecompany in so recognizing such limitations shall havethe authority to impose proper discipline, including dis-charge, in the event the job steward has taken unautho-rized strike action, slowdown, or work stoppage inviolation of this Agreement.

C. Union Bulletin Boards.The local union shall have the privilege of installing bul-letin boards within the plant at suitable locations agreeableto the company. The local union agrees it will not postnotices which are inflammatory or controversial.

Section XIIPLANT OPERATIONS

A. On all incentive operations where there is an advantage tothe worker because of position in the work line, the workersshall be rotated daily in position insofar as such rotation ispracticable from the standpoint of efficient operation. Suchrotation shall take place at the start of each shift. This para-graph shall not be construed to require the rotation ofemployees who are performing work of different kinds orqualities. On all non-incentive operations, as provided above,rotation shall apply where the employees have more than ten(10) days of service with the company and providing theoperation involves different degrees of physical effort.

B. Any house rules or working rules or regulations of the com-pany affecting general conduct of employees in or aboutthe premises of the plant shall be reduced to writing in aform easily read and understood and shall be permanentlyposted in conspicuous places throughout each plant. Suchhouse rules shall be reasonable and consistent with thesound business and operational requirements. Such rulesand modifications or additions shall be submitted to thelocal union for review prior to posting or publication.The local union shall have twenty (20) days within whichto protest the reasonableness of such house rules or modifi-cations thereof through the grievance and arbitration proce-

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dure provided in Section XIII. No house rules shall be inconflict with any provisions of the Agreement.

C. The company shall make reasonable provision for definitework call orders to employees. In general, daily work callnotices shall be given by blackboards maintained in thevarious cannery departments, advising the workers of thetimes crews will be expected to report, with exceptions forspecial types of work specified. Detailed methods for pro-viding further satisfactory notice shall, if necessary, beagreed upon by the local union and the company con-cerned. Any violations of this Section shall be subject toreview through the grievance procedure provided inSection XIII hereof.

D. Tools. The company shall make the following provisionswith respect to tools owned by employees and registeredwith the company:1. Provide a secure place for safekeeping of employees’

tools.2. Include under the company’s basic insurance program

insurance for employees’ tools lost by either fire or bur-glary (breaking and entering) of company’s premises.

3. Provide for the replacement of personal tools which arelost by theft or stolen from employees for the firstoccurrence in any one calendar year. For each subse-quent loss of tools by theft or stolen from employees inthat calendar year, the tools will be provided to theextent the replacement value of such stolen toolsexceeds $25.00.

4. The provisions of this section apply only to tools regis-tered in advance with the company which are used andowned by employees who are classified in skilledmechanical classifications who are required to havesuch tools for the performance of their jobs. Mechanicsshall update their tool registration list once a year.

5. Required hand tools shall be made available by thecompany for use by mechanic trainees enrolled in theMechanical Training Program. Such tools shall bereturned to the company when the trainee is no longerenrolled in the training program.

6. The company shall provide those items of personal pro-tective equipment which are required by the company or

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by appropriate law. Deposits for items furnished by thecompany may be required as security for the return ofthe items furnished. Upon presentation of proof satisfac-tory to the company, any provided item which is brokenor worn out will be replaced by the company.

E. First Aid Treatment. Each company shall make availableappropriate medical help in order to provide adequate firstaid treatment for employees who are sick or injured consis-tent with the State law and insure that appropriate medicaltreatment is available within or outside the plant with pub-lished procedures for obtaining such medical treatment. Anemployee who is injured on the job who believes that theinjury requires the services of a physician shall be sent to aphysician for treatment. In this event, if the employee hascompleted a form provided by the employer prior to thedate of an injury that he has a personal physician, he shallhave the right to be treated by such physician. If suchemployee fails to specify a personal physician in advanceof the injury, the employee may after thirty (30) days fromthe date the injury is reported be treated by a physician ofhis own choice or at a facility of his own choice within areasonable geographic area. Selection of a physician shallbe consistent with State law. The local union will be noti-fied of all reportable employee injuries by a copy of a formdeveloped by the company which reflects the same infor-mation regarding such injuries as is contained in the appro-priate State form.

F. Prescription Eye Glasses. In the event an employee breaksthe employee’s prescription eye glasses and such damage ison the job and work connected, the company will pay thenecessary cost for repair or replacement of such glasses inaccordance with the schedule of benefits provided underVision Service Plan provided the employee is not reim-bursed under any regulation, rule or procedure establishedby any local, State or Federal law. The provisions of thisclause will not apply in cases of willful damage, or if thebreakage occurs at times other than when the employee isactually on the job.

G. Safety & Health Program. There shall be established ajoint labor-management Plant Health and Safety Committeein each plant covered by this Agreement, consisting of equalrepresentation from the company and the union.

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The Joint Plant Committees shall meet at least once eachmonth, at a regularly scheduled time and place, for the pur-pose of investigating accidents, and for the purpose of mak-ing constructive recommendations with respect thereto. Allmatters considered and handled by the Committee shall bereduced to writing, and joint minutes of all meetings of theCommittee shall be made and maintained, and copies there-of shall be furnished to the local union upon request.A Joint CPl-State Council Health and Safety Committeeshall be formed to review any plant level problems andmake recommendations.In plants where a significant percentage of members ofminorities are employed, all Safety Bulletins shall be post-ed in the appropriate language of that minority group.

H. Plant Closures. Recognizing the impact of a plant closureon employees, it is agreed that the company will notify theTeamsters California State Cannery Council and the localunion affected at least sixty (60) days in advance of theplant closure and prior to any public announcement beingmade. The company will comply with all provisions of theWARN Act.

I. When employees are temporarily transferred from oneplant covered by the Collective Bargaining Agreement toanother plant covered by the Collective BargainingAgreement, the company shall notify the principal officerof the local union(s) involved at least seven (7) days inadvance of the contemplated transfer. Such transfers will bemade based on seniority and qualifications. Employee(s)have the right to decline the work if a less senior qualifiedemployee is available.

Section XIIIADJUSTMENT OF GRIEVANCES

A. It is the intention of the parties to adjust any and all claims,disputes or grievances arising hereunder by resort to theprocedures provided in this Section, and it is thereforeagreed that during the life of this Agreement, there shall beno cessation of work, whether by strike, walkout, lockout,intentional slow-down or other interference with produc-tion, provided the parties hereto comply with the terms andconditions of this Agreement and follow the adjustment

45


procedures of this Section. Violation of this provision shallconstitute grounds for termination of the CollectiveBargaining Agreement by the aggrieved party, but saidparty may, without waiver of said breach and right to termi-nate, submit the violation to the Arbitration Board forappropriate action.

B. Grievances shall be settled in the following manner andwithout resort to any other procedures, methods or agenciesand there shall be no discrimination of any kind by any com-pany against any employee on account of a grievance filedpursuant to the terms and conditions of this Agreement.1. First Step. The grieving party shall notify the other

party of the existence of a grievance within five (5)working days following the date the alleged grievanceoccurred. Efforts shall be made to settle the grievancepromptly by the company and local union representa-tives. Therefore, the company and local union represen-tatives shall meet within five (5) working days afternotification by one party to the other of the existence ofa grievance to obtain all pertinent facts.

2. Second Step. It is the intent of the parties that if thegrievance is not settled at the first step, it shall bereduced to writing within five (5) working days on anindustry-wide grievance form and submitted, dependingon which is the grieving party, by the local union to thecompany, or by the company to the local union, andcopies shall be submitted to the Teamsters CaliforniaState Council of Cannery and Food Processing Unionsand California Processors, Inc.It is the intent of the parties that within five (5) workingdays following receipt of the written grievancedescribed herein, the party who allegedly committed thegrievance shall submit in writing its answer to the griev-ance, including a reason, if denied. A copy of this writ-ten answer shall be submitted to the TeamstersCalifornia State Council of Cannery and FoodProcessing Unions and California Processors, Inc. Thecompany and the local union will submit a list of repre-sentatives at each location who shall have full authorityto settle grievances referred to in the second step. Suchrepresentatives shall meet within the five (5) workingdays following receipt of the written grievance to

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attempt to resolve the grievance. Any changes in this listwill be given to the other party in writing.

3. Third Step. It is the intent of the parties that if thegrievance is not settled at the second step, it shall besubmitted within ten (10) working days from receipt ofthe answer given in the second step to Arbitration inwriting on an industry-wide grievance form. Copies ofthe grievance filed at this step shall be sent to theTeamsters California State Council of Cannery andFood Processing Unions, the California Processors,Inc., the company and the local union.

C. Discharge cases shall be reduced to writing by the grievingparty within three (3) working days from the date of dis-charge and if not resolved, shall be scheduled for arbitra-tion not later than ten (10) working days from the date ofthe written grievance.

D. The Parties agree to follow the foregoing grievance proce-dure in accordance with the steps, time limits and condi-tions contained therein. It is also agreed that time limits inall steps of the grievance procedure shall be strictly adheredto unless mutually waived. With the exception of a caseinvolving a discharge or suspension, a grievance shall notbe filed at more than one step of the grievance procedure ona concurrent basis.

E. The Arbitration Board.1. An Arbitration Board is hereby established to process

cases which cannot be resolved by the parties. A sub-committee of the Arbitration Board will meet to settlecases when assigned to the sub-committee by theTeamsters California State Council of Cannery andFood Processing Unions and California Processors, Inc.Sub-committee hearings shall be held on dates and inareas mutually agreed upon by California Processors,Inc. and the Teamsters California State Council ofCannery and Food Processing Unions. The TeamstersCannery Council and California Processors, Inc. shallschedule sufficient monthly meetings of the sub-com-mittee of the Arbitration Board to resolve pendinggrievances promptly. All cases involving contract griev-ances, classification of jobs or employees and all othermatters arising under the contract shall be assigned tothe sub-committee. Cases involving discipline will not

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be referred to the sub-committee, unless mutuallyagreed to by the parties. The sub-committee of theArbitration Board will consist of equal representationbetween the Employer and the Union. Members of theArbitration Board or the sub-committee may not act oncases involving that member’s company or local union.If the sub-committee is unable to resolve a case, thatmatter will be referred to the Arbitrator. Decisions ofthe sub-committee will be in writing and will be finaland binding on both parties.

2. California Processors, Inc., the Teamsters CaliforniaState Council of Cannery and Food Processing Unions,any company, or any local union, shall have the right topresent grievances for adjustment. If the party present-ing the grievance is a local union, the grievance shall bepresented through the Union and if a company, throughthe Employer. Grievances related to working conditionsunder this Agreement shall be proper subjects for sub-mission to the Arbitration Board.

3. A permanent Arbitrator shall be selected by mutualagreement. In the event of the unavailability of the per-manent Arbitrator during the period requested by theparties, alternate arbitrators shall be asked to serve inthe order agreed upon by the parties. If the parties can-not agree upon an arbitrator or alternate arbitrators with-in the time specified, such arbitrator or alternatearbitrators shall be selected by the Chief Judge of theFederal District Court in San Francisco.

4. A schedule shall be arranged, if possible, to assure thatsix (6) cases shall be heard on each day that theArbitrator is regularly available for hearings.

5. The Arbitration Board shall meet once monthly to hearcomplaints submitted for arbitration in accordance withthe third step of the grievance procedure. Unless other-wise mutually agreed upon by the parties, no grievance,other than discharge cases, will be included in the agen-da for any meeting of the Arbitration Board which wasnot submitted for arbitration at least ten (10) workingdays in advance of the scheduled meeting date. In theevent a grievance filed by a local union or a company isclassified as urgent by either the Teamsters CanneryCouncil or California Processors, Inc., an Arbitration

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Board meeting will be held within ten (10) days fromthe date the grievance is filed in accordance with theabove procedure. By mutual agreement a grievanceclassified by either the Teamsters Cannery Council orCalifornia Processors, Inc. as urgent may be submittedto the sub-committee of the Arbitration Board whichshall hear the grievance within ten (10) working daysfrom the date the grievance was classified in writing asurgent. If the sub-committee is unable to resolve theurgent grievance it shall be scheduled for the firstArbitration Board Hearing subsequent to the sub-com-mittee hearing. The parties agree that the monthly meet-ing of the Arbitration Board should be utilized to itsfullest extent, and to accomplish this at least three (3)working days advance notice should be given in order topostpone any case scheduled for an Arbitration Hearingunless good cause is shown for postponement withoutadvance notice on conditions satisfactory to theArbitration Board.

6. Failure on the part of the complainant, whether compa-ny or local union, to appear in any cases pending beforethe Arbitration Board shall result in the forfeiture of itscase by the complainant party.

7. No claim for back pay will be valid for a period prior tofifteen (15) days before the date the grievance was firstreduced to writing in accordance with step two of thegrievance procedure, unless neither the local union nor theemployee could reasonably be expected to know of theexistence of the claim. In which event, the claim will bevalid back to the original date that the violation occurred.

8. The Arbitration Board shall consist of the Arbitrator andan advisory panel consisting of no more than two (2)representatives from each party to assist the Arbitratorin making his determinations. The advisory panel shallin any event consist of equal representation from theparties. The Teamsters Cannery Council members of thepanel shall be appointed by the Council and theCalifornia Processors, Inc. members shall be appointedby California Processors, Inc. Members of the advisorypanel shall provide information to the Arbitrator butshall not have voting rights. No member of the advisorypanel may act on cases involving that member’s own

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company or local union.Decisions shall be rendered no later than the conclusionof the hearing day unless a written opinion or decisionhas been requested.

9. Decisions of the Arbitration Board will be in writingand will be final and binding on both parties.

10. Expenses of the Arbitration Board will be shared equal-ly by the parties to this Agreement.

11. The Arbitration Board is empowered to make its ownrules of procedure but cannot change the presentAgreement or make new agreements.

12. The grievance procedure is designed to encourage set-tlement of grievances promptly at the lower steps and itis recognized that this objective can best be accom-plished when there is full and complete disclosure byboth parties of all information relevant to the discussionand resolution of a particular grievance. Therefore, it isthe intent of the parties that all facts, evidence and wit-nesses pertinent to a grievance, and known to exist byeither party, shall be disclosed as early as possible in thegrievance procedures.

13. In hearings before the Arbitration Board, either partymay announce at the start of a hearing on any case thatsaid party desires a subsequent written opinion or deci-sion by the Arbitrator provided that the following proce-dures are observed:a. Any party desiring a subsequent written opinion or

decision by the Arbitrator must give written notifica-tion to the Employer and the Union at least one (1)week prior to the date of the scheduled hearing thatsaid party will announce at the start of the hearing onthe case that it desires a written opinion or decision.

b. Upon receipt of such notification, and a request bythe Arbitrator, the Employer or the Union, a courtreporter will be arranged for the hearing. The cost ofsuch court reporter shall be borne by the company orthe local union making the request for the writtenopinion or decision.

c. If any party desires a subsequent written opinion ordecision and fails to give the required notification,the scheduled hearing on that case will be automati-cally cancelled and a further hearing set up so that all

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parties can be advised and a court reporter madeavailable.

14. The amounts due under any decisions shall be made byseparate checks if not specifically itemized on the griev-ant’s regular paycheck.

15. For all fourteen hundred (1400) hour employees a verbalor written warning or a suspension shall not be used asevidence in Arbitration if more than twenty-four (24)months have elapsed since the date of such warning orsuspension. For all non-fourteen hundred (non-1400)hour employees a verbal or written warning or a suspen-sion shall not be used as evidence in Arbitration if morethan thirty-six (36) months have elapsed since the dateof such warning or suspension.

F. The company will pay all monies owed for grievanceawards within two (2) pay periods following settlement.

G. Disputes arising under Paragraph 12 of Appendix F will beresolved in accordance with the expedited arbitration pro-cedure established thereunder.

Section XIVCONFORMANCE WITH STATE AND

FEDERAL LAWSThis Agreement shall at all times conform with all State and

Federal laws. Any portion of the Agreement which contravenessaid State or Federal laws shall become void and inoperable, andthe remaining provisions of this Agreement shall, nevertheless,remain in full force and effect.

Section XVCOMPLIANCE

In the event of a violation of any part of the Agreement by acompany, party to this Agreement, such violation shall be imme-diately brought before the Arbitration Board, herein providedfor, and the ruling handed down by said Board shall be final andbinding upon the parties. If such company does not abide by thatruling, it shall then be necessary for the Employer to immediate-ly suspend that company and no assistance will be given thecompany against the action deemed advisable and necessary bythe Union, because of the refusal of the company to accept theruling handed down by the Arbitration Board.

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Likewise, in the event of a violation of any part of thisAgreement by a local union, such violation will be immediatelybrought before the Arbitration Board, provided herein, and theruling handed down by such Board shall be final and bindingupon the parties. If such local union refuses to abide by the rulinghanded down, it shall then be necessary to immediately recom-mend to the International Brotherhood of Teamsters that that localunion shall not receive official recognition from the InternationalBrotherhood of Teamsters, and the Teamsters California StateCouncil of Cannery and Food Processing Unions, and therebyprevent that local union from receiving any assistance from thosebodies until such time as the local union agrees to comply with theruling handed down by the Arbitration Board.

Section XVICONFLICTING AGREEMENTS

Except where specifically authorized by this Agreement, it isexpressly understood that no company or local union party tothis Agreement, shall have the power to make or enter into anyseparate or special agreement involving the subject matter ofthis Agreement.

Section XVIITRANSFER OF COMPANY TITLE

OR INTERESTThis Agreement shall be binding upon the parties hereto,

their successors, administrators, executors and assignees underthe following conditions: In the event an operation is sold,leased or transferred or taken over by sale, transfer, lease,assignment, receivership or bankruptcy proceeding, such opera-tion shall continue to be subject to the terms and conditions ofthis Agreement for the life thereof, if such successors, etc., con-tinue in substantially the same operations at the same location.The company shall give notice of the existence of thisAgreement to any purchaser, transferee, lessee, assignee, etc.Such notice shall be in writing with a copy to the Union, at thetime the seller, transferor or lessor executes a contract or trans-action as herein described. At that time, the Union shall also beadvised of the nature of the transaction, not including financialdetails.

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Section XVIIIMERGER, LEASE OR PURCHASE

When a company facility covered by this Agreement ismerged, leased or purchased by another firm, and such facility issubject to the provisions of this Agreement, employees shall begiven full credit for their original date of employment for pur-poses of paid vacation credit, sabbatical leave, sick leave andother benefits in the Agreement which accrue to employees andare computed on the basis of the original date of employment.

Section XIXTERM OF AGREEMENT

The term of this Agreement shall be from July 1, 2009, toJune 30, 2012

Section XXPROCEDURE FOR MODIFICATION

A. In the event either party desires to modify any of the termsof this Agreement or to establish new or different terms orconditions, written notice specifying in exact language thechanges desired shall be served within the sixteen (16) dayperiod April 15, 2012, to April 30, 2012, inclusive. Themonths of May and June shall be devoted to negotiations;and if the parties are in complete agreement, all changesmutually agreed upon shall become effective on July 1,2012, and shall remain effective for not less than twelve(12) months thereafter.

B. If any of the matters under negotiation are still in dispute onJuly 1, 2012, this contract will terminate unless the partiesmutually agree upon an additional period or periods ofnegotiation. The changes agreed upon during such addi-tional negotiations shall become effective on a mutuallyacceptable date and shall remain effective until at least thefollowing July 1st.

C. If, during the above April 15th to April 30th period, neitherparty serves notice of a desire to modify any of the terms ofthis Agreement or to establish new or different terms orconditions, then this Agreement shall continue for an addi-tional period of at least twelve (12) months after the nextJuly 1st anniversary date.

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IN WITNESS WHEREOF the parties have set their handsand seals this 1st day of July, 2009

/s/ Lucio ReyesSecretary-Treasurer, Teamsters California State Council of

Cannery and Food Processing Unions./s/ John B. Hurley

President, California Processors, Inc./s/ Lupe Juarez

President, Teamsters California State Council of Cannery andFood Processing Unions./s/ Thomas Nett

Chairman of the Board, California Processors, Inc.APPENDIX A

1. Straight-Time Wage Rates Shall Be in AccordanceWith the Following Schedule:

July 1 July 1 July 12009 2010 2011

Bracket IAA.................24.36 24.96 25.61Bracket IA ...................22.65 23.25 23.90Bracket IB....................23.41 24.01 24.66Bracket I ......................21.37 21.97 22.62Bracket IIAA ...............18.78 19.23 19.68Bracket IIA ..................18.53 18.98 19.43Bracket II .....................18.37 18.82 19.27Bracket IIIA.................16.84 17.24 17.64Bracket III....................16.54 16.94 17.34Bracket IIIB .................13.85 14.05 14.25Bracket IV................... 11.84 11.99 12.14Bracket V.....................11.22 11.37 11.52*Cost of Living Provision and Inflation ProtectionAdjustments.

*(1) The CPI-W All Cities Index as reported bythe Bureau of Labor Statistics for the month ofApril 1979 shall be the base index for the cost ofliving review. In the event that the index in April,1980 shall exceed an increase of five and one-half percent (51/2%) of the April, 1979 baseindex, then wage rates shall be increased one cent(1¢) per hour for each full.3 increments of theindex over and above the five and one-half per-

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cent (51/2%) increase in the index. Any adjust-ments due under the above formula shall beeffective July 1, 1980.*(2) The CPI-W All Cities Index as reported bythe Bureau of Labor Statistics for the month ofApril, 1980, shall be the base index for a secondcost of living review. In the event that the indexin April, 1981 shall exceed an increase of fiveand one-half percent (51/2%) of the April, 1980base index, the wage rates shall be increased byone cent (1¢) per hour for each full.3 incrementsof the index over and above the five and one-halfpercent (51/2%) increase in the index. Anyadjustment due under the above formula shall beeffective July 1,1981.*(3) Additional inflation protection adjustments tothe basic straight-time wage rates shall becomeeffective July 1, 1983 and July 1, 1984 in accor-dance with the following schedule. Such adjust-ments shall be based on the overall rate of inflationas measured by the increase, if any, in the CPI-WAll Cities Index as reported by the Bureau ofLabor Statistics during the periods April 1982 -April 1983 and April 1983 - April 1984.

CPI-W All Cities Index5%- 8.01%- 10.01%8% 10% and Over

Bracket IAA 25¢ 30¢ 35¢Bracket IA 25¢ 30¢ 35¢Bracket IB 25¢ 30¢ 35¢Bracket I 25¢ 30¢ 35¢Bracket IIA 20¢ 25¢ 30¢Bracket II 20¢ 25¢ 30¢Bracket IIIA 15¢ 20¢ 25¢Bracket III 15¢ 20¢ 25¢Bracket IV 10¢ 15¢ 20¢Bracket V 10¢ 15¢ 20¢

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* The Cost of Living and Inflation Protection Adjustments provisions as set forth in AppendixA.l. (1), (2) and (3) of the Collective Bargaining Agreement shall be inoperative for the life ofthe current labor Agreement.


a. Beginner’s Rate.Any employee hired on or after July 1, 2000, and per-forming work at Bracket IV or Bracket V shall receive arate of $2.00 less per hour than the rate of pay of thebracket of work performed for the employee’s first onehundred twenty (120) working days of continuousemployment without a break of service. Employees eli-gible to receive holiday pay will have such paid holi-days credited toward such one hundred twenty (120)working days of continuous employment.The above bracket rates shall be paid for work describedby the job titles and job descriptions appearing in theAppendix A Job Classification Manual in accordancewith the ranking of jobs therein. The foregoing provi-sion shall not apply to employees hired into all BracketIII and above classifications.

2. Procedures and Rules Governing Classification ofNew Jobs and Jobs Not Originally Classified in theJob Classification Manual.a. The following procedure shall govern in determining

Bracket classifications, but in no event shall any newBrackets be created.(1) The company shall establish the Bracket classifi-

cation for all new jobs or for jobs not originallyclassified and shall supply the local union with ajob description, job title and the Bracket classifi-cation applied.

(2) If the local union disagrees with the job descrip-tion, job title or Bracket classification, the basis ofdisagreement shall be submitted to the companyin writing within ten (10) days from mailing ofcompany’s notice. If no such submission is madeby the local union, the job description, job titleand Bracket classification shall be submitted tothe permanent Job Classification Committee forapproval and incorporation into Appendix A bythe Teamsters Cannery Council and CaliforniaProcessors, Inc. In the event that the Joint JobClassification Committee does not reach an agree-ment, this section is subject to the grievance pro-cedure of the Collective Bargaining Agreement.

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(3) A copy of any new job description will be sub-mitted by the company to CPI, and by the localunion to Teamsters Cannery Council, for the pur-pose of incorporation into Appendix A by theTeamsters Cannery Council and CPI upon therecommendation of the permanent JobClassification Committee.

b. Where content of a job originally classified in thisAgreement has not been changed in any substantialparticular, no requests for review shall be recognizedby the Arbitration Board.

c. During processing season, all maintenance personnelresponsible for supervising Bracket IB maintenanceemployees on that shift will be paid Bracket IAA,and such pay shall be considered in the calculationof annual assignment.

APPENDIX BPREFACE TO THE FRINGE BENEFIT APPENDICES

1. Fourteen Hundred (1400) Hour Employees(employees hired before July 1, 2009 only).a. Seniority employees who have worked in the plant at

least fourteen hundred (1400) combined straight andovertime hours during the preceding calendar year,or during their twelve (12) month anniversary peri-od, including all hours for which payment is requiredunder the contract and also including those hoursemployees would have otherwise worked had theynot lost time because of an industrial injury or indus-trial illness, are eligible for the benefits listed below.

b. An employee shall become eligible immediatelyupon attaining fourteen hundred (1400) hours withinthat individual’s anniversary or calendar year. Anemployee’s eligibility date for such benefits will bethe first day of the calendar month in which theemployee attains fourteen hundred (1400) hours, ifno later than the 15th day of the month; otherwise, itwill be the first day of the following calendar month.

c. Protection of Eligibility for Fourteen Hundred(1400) Hour Benefits. Employees eligible for four-teen hundred (1400) hour benefits will have their

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future eligibility protected for the same number ofconsecutive fourteen hundred (1400) hour benefityears up to a maximum of ten (10) years.(1) Welfare Plan as described in Appendix “C.” 1.

and 2.(2) Dental Plan as described in Appendix “C.” 1.

and 2.(3) Drug Plan as described in Appendix “C.” 1.

and 2.(4) Vision Plan as described in Appendix “C.” 1.

and 2.(5) Life Insurance Program as described in

Appendix “C.” 7.(6) Pension Plan (if qualified in the Pension Plan)

as described in Appendix “D.” 1.(7) Jury Duty as described in Appendix “E.”(8) Sick Leave Plan as described in Appendix “F.”(9) Death-in-Family as described in Appendix

“H.”(10) Medical Examination Plan as described in

Appendix “C.” 6.(11) Sabbatical Leave Plan as described in

Appendix “K.”(12) Holidays as described in Section VII.(13) Vacations as described in Section VIII.

d. Employees hired on or after July 1, 2009 will be eli-gible for the above benefits based on sixteen hun-dred (1600) hours, otherwise they will be eligible forbenefits as set forth below for Non-1400 houremployees.

2. Non-Fourteen Hundred (Non-1400) HourEmployees.a. Employees acquire eligibility for non-fourteen hun-

dred (non-1400) hour benefits twelve (12) monthsfrom the date they acquired seniority. Employeeswho complete their 30th day of work on or after July1, 1973 will have their years of seniority standingbased on a twelve (12) month period after the date of

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the completion of thirty (30) days of employment.For instance, an employee achieves seniority byworking the 30th day on August 15, 1973. Thatemployee’s standing for eligibility for non-fourteenhundred (non-1400) hour fringe benefits will bebased on the twelve (12) month period from August15 of each year. If seniority is retained as of August15, 1974, there will be eligibility for this employeefor one year seniority standing benefits, on August15, 1975 for two (2) year benefits, and on August 15,1976 for three (3) year benefits.The beginning date for the welfare payments, eitherby the employer or from the employee, for anemployee earning his initial eligibility shall be thefirst of the month during which he completes histwelve (12) month anniversary period between thefirst and fifteenth of said month. Otherwise, thebeginning date of eligibility will be the first of thefollowing month.

b. Protection of fringe benefits for non-fourteen hun-dred (non-1400) hour employees shall be asdescribed in Section IX. N.

3. Non-Fourteen Hundred (Non-1400) HourEmployees—Three or More Years Seniority.Employees who have three (3) or more years of seniori-ty standing who are employed seasonally with less thanfourteen hundred (1400) hours are basically eligible for:a. Life Insurance Plan as described in Appendix “C.” 7.b. Pension Plan (if qualified in the Pension Plan) as

described in Appendix “D.”c. Jury Duty as described in Appendix “E.”d. Death-in-Family as described in Appendix “H.”e. Medical Examination Plan as described in Appendix

“C” 6.f. Holidays as described in Section VII.g. Non-1400 Hour Employees who attained three (3) or

more years of seniority by June 30, 2003:i. Welfare Plan as described in Appendix “C.” 1.

and 4.ii. Dental Plan as described in Appendix “C.” 1. and 4.

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iii. Drug Plan as described in Appendix “C.” 1. and 4.iv. Vision Plan as described in Appendix “C.” 1. and 4.

h. Non-1400 Hour Employees who attained three (3) ormore years of seniority on or after July 1, 2003:i. Welfare Plan as described in Appendix “C.” 1.

and 5.ii Drug Plan as described in Appendix “C.” 1. and 5.iii Dental Plan as described in Appendix “C.” 1. and 4.

4. Non-Fourteen Hundred (Non-1400) HourEmployees—Two or More Years Seniority.Employees who have two (2) years of seniority standingwho are employed seasonally with less than fourteenhundred (1400) hours are basically eligible for:a. Life Insurance Program as described in Appendix

“C.” 7.b. Pension Plan (if qualified in the Pension Plan) as

described in Appendix “D.”c. Jury Duty as described in Appendix “E.”d. Death-in-Family as described in Appendix “H.”e. Medical Examination Plan as described in Appendix

“C.” 6.f. Holidays as described in Section VII.

5. Non-Fourteen Hundred (Non-1400) HourEmployees—One Year or More Seniority.Employees who have one (1) year of seniority standingwho are employed seasonally with less than fourteenhundred (1400) hours are basically eligible for:a. Life Insurance Program as described in Appendix

“C.” 7.b. Pension Plan (if qualified in the Pension Plan) as

described in Appendix “D.”c. Jury Duty as described in Appendix “E.”d. Medical Examination Plan as described in Appendix

“C.” 6. effective July 1, 1974.e. Holidays. (See Section VII for eligibility.)

6. Employees Who Have Completed Thirty (30)Calendar Days.Employees who have completed thirty (30) calendardays of employment are eligible for:

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a. Life Insurance Program as described in Appendix“C” 7.

b. Pension Plan Contributions (contributions basedupon the first hour worked).

APPENDIX CWELFARE PLANS

1. Joint Benefit Trust—Benefits, Contributions andReserve Levels.a. Powers of the Board of Trustees of the Joint Benefit

TrustThe welfare, dental, drug, vision, life insurance andmedical examination plans described in thisAppendix C shall be administered by the Board ofTrustees of the Joint Benefit Trust composed of anequal number of representatives designated by theUnion and the Employer. The duties and power ofthe Board of Trustees shall be set forth in the TrustAgreement between the Union and the Employerestablishing the Joint Benefit Trust. The parties tothis Agreement have established the following bene-fit plans: • 1400 Hour Plan• Non-1400 Hour Plan• Non-1400 Hour Plan for Bridged Employees• Non-1400 Hour Plan for Employees Who Attain

Three-Year Seniority on or after July 1, 2003• Retired 1400 Hour Employees PlanFor purposes of the 1400 Hour and Non-1400 HourPlans, the amount of contributions is determined bythe Board of Trustees of the Joint Benefit Trust sub-ject to paragraph c of this Section; provided that forthe period July 1, 2009 through June 30, 2011 theEmployer’s monthly contribution for the 1400 Hourand Non-1400 Hour Plans, and Non-1400 Hour Planfor Bridged Employees shall be the amount deter-mined by the Board of Trustees as necessary tomaintain the schedule of benefits for the 1400 Hour,Non-1400 and Non-1400 Hour Plan for BridgedEmployees referenced in paragraph b of this Section.

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Effective July 1, 2011, the Employer’s obligation tomaintain the benefits of the 1400 Hour and Non-1400 Hour Plans, and Non-1400 Hour Plan forBridged Employees shall be subject to the limits oncontribution rates provided in paragraph c. For purposes of the Non-1400 Hour Plan forEmployees Who Attain Three-Year seniority on orafter July 1, 2003, the Employer’s obligation shallremain fixed for the term of the Agreement.The Board of Trustees, in their sole and absolute dis-cretion, shall have the sole authority to admit newgroups to coverage under the plan it administers onsuch terms and conditions, including different sched-ules of benefits and contribution rates, as it deter-mines are appropriate in the circumstances. In thiscontext, new groups includes any current employerthat negotiates a new level of benefits.

b. The Schedule of BenefitsThe schedule of benefits for the 1400 Hour, Non-1400 Hour, Non-1400 Hour Plan for BridgedEmployees, and Non-1400 Hour Plan for EmployeesWho Attain Three-Year Seniority on or after July 1,2003 shall be as set forth in the Joint Benefit TrustSummary Plan Descriptions and “Summaries ofMaterial Modifications” issued by the Trust. TheseSummaries are available in brochure form from theJoint Benefit Trust. Effective July 1, 2008, theschedules of benefits for the 1400 Hour, Non-1400Hour Plan or Non-1400 Hour Plan for BridgedEmployees and the Non-1400 Hour Plan forEmployees Who Attain Three-Year Seniority on orafter July 1, 2003 may be modified at any time bythe Board of Trustees if the respective cost of main-taining these schedules of benefits exceeds the con-tribution rates set forth in 1. c. (3) below.

c. Contribution Rates and Reserves(1) Initial Contribution Rate

Effective with benefit coverage commencingJuly 1, 2009, which coverage is based on hoursand/or work status in June 2009, the contribution

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rate to be paid by Employers on behalf of eachemployee shall be as follows:

1400 Hour $1,044.00 (MOB without Spend-down)$983.00 (MOB with Spend-down)

Non-1400 Hour:Three-Year Seniority Attained Prior to July 1, 2003:

Working $339.00 (MOB)Bridged $234.00 (MOB)

Three-Year Seniority Attained after June 30, 2003(New Entrants) $125.00

(2) Maintenance of Benefits and ReservesFor the period July 1, 2009 through June 30,2011, the contribution rates shall be adjusted, asrequired to cover the cost of the schedules of ben-efits and to maintain adequate reserves as deter-mined by the Board of Trustees and theconsultant to the Joint Benefit Trust. If at anytime the Board of Trustees determines that thereserves of the Joint Benefit Trust will fall belowan amount equal to three months of insurancepremiums, benefit payments, and administrativeexpenses (as determined by the administrator andthe consultant) within three months, the Board ofTrustees shall increase the rates by an amountsufficient to maintain the reserves at the three-month level. Should this become necessary dur-ing the third year of this Agreement, theadditional increment necessary to maintainreserves is not subject to the contribution rate capset forth in paragraph 1 c. (3)(B).

(3) Limit on Employer Contribution(A) Effective July 1, 2009 and throughout the

term of this Agreement, the monthly contri-bution rate to be paid by Employers onbehalf of each employee eligible for theNon-1400 Hour New Entrant plan is limitedto the initial contribution rate set forth in c.(1) above.

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(B) Effective July 1, 2011 the maximum month-ly contribution rate to be paid by Employersshall be as follows:

1400 Hour $1190Non-1400 Hour Three-Year SeniorityAttained Prior to July 1, 2003:Working $377.00Bridged $263.00(i) If at any time on or after July 1, 2011 the

monthly contribution rate required tomaintain the 1400 Hour, Non-1400 Hourand/or Bridged Non-1400 Hour Planexceeds the amounts referenced in para-graph 1 c. (3)(B) above, the Board ofTrustees shall determine sufficiently inadvance the benefit changes necessary toconform the benefit plan(s) to the contri-bution rate. The bargaining parties shallthen advise the Board of Trusteeswhether they are prepared to accept someor all of the conforming changes withrespect to each plan. If the bargainingparties accept none of these changes, anydifference between the contribution caprate and the rate required to maintain theschedules of benefits and reserves pur-suant to 1 c. (2) above shall be theresponsibility of the employee and shallbe paid through deferral or reallocation ofwages, as determined by the bargainingparties. If the bargaining parties acceptsome but not all of these changes, anydifference between the contribution caprate and the rate required to fund theschedules of benefits, as so modified, andreserves pursuant to 1 c. (2) above, shallbe the responsibility of the employee andshall be paid through deferral or realloca-tion of wages, as determined by the bar-gaining parties.

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(ii) Any reserves in excess of the three-monthreserve level specified in paragraph 1c.(2) as of July 1, 2011 shall not be takeninto account in determining the ratesunder paragraph 1 c.(3)(B)(i).

(4) Adjustment of 1400 Hour Plan EmployerContribution for Spend-downNotwithstanding the preceding provisions ofparagraph 1.c.:(A) The initial contribution rate for the 1400

Hour Plan shall be set at the $983.00 ratelabeled “MOB with Spend-down” in c. (1).That rate shall stay in effect from July 1,2009 through the earlier of June 30, 2010, orthe end of the “last spend-down” month.The last spend-down month with respect tothe 12 months beginning July 1, 2009 is themonth just before the month in which Trustreserves are projected (based on the mostrecent experience available) to havedeclined by $6.5 million from the reservelevel as of July 1, 2009 (but not below theminimum reserve level established under c.(2)).

(B) If the last spend-down month occurs beforeJune 1, 2010, the contribution rate for the1400 Hour Plan shall increase to the $1,044rate labeled “MOB without Spend-down” inc. (1) above effective the first day of themonth following the last spend-down monthand shall remain in effect through June 30,2010. If the last spend-down month does notoccur before July 1, 2010, then the contribu-tion rate established by the Board of Trusteesfor the 1400 Hour Plan for the period begin-ning July 1, 2010 pursuant to c. (2) (here-inafter the “unadjusted 2nd year rate”) shallbe reduced by an amount determined as fol-lows:

(i) First, subtract from $6.5 million theexcess, if any, of (a) the amount of Trust

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reserves as of July 1, 2009 over (b) theamount of Trust reserves as of July 1,2010 (using the Trustees’ best estimate ofthat amount based on the most recentexperience available). The result is the“remaining spend-down amount”.

(ii) Second, divide the remaining spend-down amount by the number of 1400Hour employees that the Board ofTrustees and the administrator estimatewill be reported by all Employers for theperiod July 1, 2010 through June 30,2011. The result is the “2nd year rateadjustment”.

(iii)Third, reduce the unadjusted 2nd yearrate by the 2nd year rate adjustment toarrive at the “adjusted 2nd year rate”.

(C) The adjusted 2nd year rate shall be in effectfrom July 1, 2010 through the earlier of June30, 2011 or the end of the “last spend-downmonth”. The last spend-down month for the12-month period beginning July 1, 2010 is themonth just before the month in which Trustreserves are projected (based on the mostrecent experience available) to have declinedby $6.5 million from the reserve level as ofJuly 1, 2009 (but not below the minimumreserve level established under c. (2)).

(D) If the last spend-down month occurs beforeJune 1, 2011, the contribution rate for the1400 Hour Plan shall increase to the unadjust-ed 2nd year rate effective the first day of themonth following the last spend-down month.

(E) If the last spend-down month does not occurbefore July 1, 2011, rules similar to those insubparagraphs (B) through (D) above shallbe used to determine the adjustment in the1400 Hour Plan contribution rate cap refer-enced in paragraph 1 c. (3)(B) and the dura-tion of the period starting July 1, 2011 duringwhich that adjustment shall remain in effect.

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2. Health and Welfare, Dental, Drug and Vision Plansfor Fourteen Hundred (1400) Hour Employees.a. Welfare Plans Provided for Employees and Their

Eligible Dependents:(1) Health and Welfare Plan.

If employees or dependents receive any treatmentor service which is compensated or furnished byany other group or group-type hospital, govern-mental program, and/or surgical program, thetotal amount of benefits paid by this program orany other program shall not exceed 100% of thecharges for such treatment or service.

(2) Dental Plan by Health Services BenefitAdministrators, Inc. and/or an administratorselected by the Trustees. The schedule of benefitsshall be increased by 3% each year of the collec-tive bargaining agreement, commencing withJuly 1, 2009.

(3) Drug Plan by Health Services BenefitAdministrators, Inc. and/or an administratorselected by the Trustees.

(4) Vision Plan by Vision Service Plan and/or aprovider selected by the Trustees.

b. Eligibility for all plans:(1) A covered employee is one who on the first of

any calendar month is an eligible employee whohas worked for the company eighty (80) hours ormore during the preceding calendar month.Notwithstanding this requirement, an otherwiseeligible fourteen hundred (1400) hour seniorityemployee who fails to work the eighty (80) hoursdue to layoff for lack of work will be considereda covered employee and will have the contribu-tion made by the company for a period of one (1)year dating from the date of the employee’s lay-off. Thereafter, an employee may continue healthand welfare coverage by making self-contribu-tions for a period of up to twenty-four (24) con-secutive months or to the end of layoff,whichever is shorter.

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This provision shall not apply when the employ-ee is directly covered by a plan provided byanother employer.If an employee quits or is terminated for any rea-son during a month, even if eighty (80) hourshave been worked, no contribution is required forthe following month nor will coverage be granted.

(2) An employee hired within six (6) months aftertermination from either the same company oranother canner covered by the Welfare Plans forfourteen hundred (1400) hour employees whowas previously eligible and who is assigned tonon-seasonal work shall have contributions madeon the employee’s behalf beginning after the nor-mal trial period of thirty (30) calendar daysretroactive to the date of employment.

(3) For the purpose of determining initial eligibility,all hours for which payment is required under thecontract count as time worked.

(4) After an employee has first become eligible, eli-gibility for each future year shall be determinedon the calendar year basis provided, however,that the employee shall not lose eligibility duringperiods covered by approved leaves of absence.

(5) If an eligible employee has taken a leave ofabsence and returns to work, company paymentson the employee’s behalf shall be restored as ofthe first day of the month next following themonth in which the employee works eighty (80)hours or more.

(6) An eligible employee who takes a leave ofabsence may make the required health and wel-fare contributions on the employee’s own behalfby making payments in person to the companyoffice prior to the sixth (6th) day of the month forwhich the payment is due. Such payment cannotbe made more than one month in advance on aconsecutive monthly basis, nor exceed a total oftwenty-four (24) months. If an employee exercis-es his option to make his own contributions, heshall make payments for the health and welfarecoverage and also the Dental, Drug and Vision at

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a package rate.In the case of a personal illness the companyshall continue to make payments on the employ-ee’s behalf until the employee returns to work, orfor a period of one (1) year after the disabilitybegan, whichever is shorter. Thereafter, anemployee may continue health and welfare cov-erage by making self-contributions for a periodof up to twenty-four (24) consecutive months orto the end of the disability, whichever is shorter.

(7) If an eligible employee suffers an injury on the jobor suffers an illness growing directly out of aninjury on the job, the company shall continue tomake payments on the employee’s behalf until thedate on which the Workers’ Compensation weeklybenefits cease or for one (1) year after the injuryoccurred, whichever period is the shorter.Thereafter, an employee may continue health andwelfare coverage by making self-contributions fora period of up to twenty-four (24) consecutivemonths or to the date Workers’ Compensationweekly benefits cease, whichever period is shorter.

(8) Employees who are permanently laid off as aresult of a plant closure as defined in AppendixL, shall be eligible to make self-contributions fortheir continued health and welfare coverageunder these Plans for a period not to exceedtwelve (12) months after their termination date.Such self-contributions must be continuous witheither the Company’s or the employee’s last con-tribution without any lapse in coverage.

(9) By agreement of the parties to this contract, theabove eligibility rules appearing in the Trust PlanDocument or SPD shall be considered part of thisAppendix C and thereby subject to the arbitrationmachinery of this contract.

c. Mammography Coverage: During the term of thisAgreement it may no longer be possible to provide amammography testing benefit under the MedicalExamination Program described in Section 6 of thisAppendix. In the event that the Medical ExaminationProgram no longer offers a mammography benefit,

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the 1400 Hour Plan shall provide a mammographybenefit of up to $75 per exam to each coveredemployee and spouse at screening intervals as rec-ommended by the American Cancer Society.

3. Health and Welfare Plan for Retired FourteenHundred (1400) Hour Employees.a. A Health and Welfare program with contributions

made by the company will be provided for anyemployee (and spouse) who retires on or afterJanuary 1, 1962. This program shall be available foremployees (and spouses) who retire and receive apension under the Western Conference of TeamstersPension Plan or an alternate company plan. FourteenHundred (1400) Hour employees who meet therequirements for participation in the Health andWelfare Plan for Retired Fourteen Hundred (1400)Hour Employees shall not be precluded from partici-pation as a result of acceptance of severance pay asdefined in Appendix L.Retired employees must have their contribution paideven though their spouse may be an eligible fourteenhundred (1400) hour employee.

b. If employees or dependents receive any treatment orservice which is compensated or furnished by anyother group or group-type hospital, governmentalprogram, and/or surgical program, the total amountof benefits paid by this program or any other pro-gram shall not exceed 100% of the charges for suchtreatment or service.

c. Each company individually will make provision toguarantee the future payment of health and welfarecontributions for eligible employees who retiredafter January 1, 1962, or who retire hereafter. If suchindividual company provision is not made, theTrustees shall take all necessary steps to obtain suchcontributions. In the event such efforts to obtain con-tributions are not successful, all the individual com-panies involved shall assume such contributionobligations in the following manner:(1) The unpaid contribution obligation will be borne

equally by all the individual companies involved.

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(2) Such companies shall be billed annually inadvance for their share of the obligation.

The schedule of health and welfare benefits shall beguaranteed by the company for the life of theAgreement.

d. The Health and Welfare Plan for Retired FourteenHundred (1400) Hour Employees shall include thefollowing options, the availability of which dependson whether the employee retired before or after July1, 1994:(1) Basic Option for Participants Not Eligible for

Medicare which provides certain basic benefits.(2) Individual Health Care Account (IHCA) for par-

ticipants eligible for Medicare which provides anannual benefit of $439.20 (reduced proportion-ately if eligible less than twelve (12) months) forcertain eligible health care expenses, whichexpenses exclude reimbursement of Part BMedicare premiums.

(3) HMO option which provides coverage and bene-fits under one or more HMOs the cost of which(including both premiums and the cost to theJoint Benefit Trust of administering the program)equals the sum of (a) the employer’s contributionon behalf of the retired employee and his/herdependents, if any, under 3.a., (b) the portion ofthe premium covered by the employer’s contribu-tion for active 1400 Hour Employees under3.e.(2), and (c) the portion of the premium paidby the retired employee under 3.e.(2). The HMOOption in effect under this paragraph (3) prior toJuly 1, 2000 shall continue in effect until the newHMO Option becomes effective (which shall beno later than January 1, 2001).

(4) Major Medical Option which provides majormedical benefits to cover medical and prescrip-tion drug costs, the cost of which (including thecost to the Joint Benefit Trust of administeringthe program) equals the sum of (a) the employ-er’s contribution on behalf of the retiree andhis/her dependent, if any, under 3.a. (b) the por-tion of the premium covered by the employer’s

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contribution under 3.e (2), and (c) the portion ofthe premium paid by the retired employee under3.e (2). Effective January 1, 2001, the MajorMedical Option shall no longer provide reim-bursement of Part B Medicare premiums and thepremiums paid by the retired employees whoelect that option shall be reduced to reflect theelimination of that benefit.

(5) The Board of Trustees of the Joint Benefit Trustshall have full authority and discretion to modifythe benefits provided under options d. (3) and (4)and the premium paid by the retired employee toparticipate in either of those options and to elimi-nate either one, but not both, of those options if intheir judgment it is no longer in the best interestsof the Trust to continue such option. The HMOOption may, but need not, include a provision forcovering prescription drug costs either throughthe HMO or through an indemnity programadministered by the Trust. The Board from timeto time may set eligibility rules limiting partici-pation in the HMO Option, or enrollment in aparticular HMO to conform to the eligibility rulesset from time to time by the various HMOsoffered through the HMO option.

e. Contributions and premiums for the Health andWelfare Plan for Retired Fourteen Hundred (1400)Hour Employees will be determined as follows:(1) As to options d. (1) and (2) the companies shall

contribute at a rate sufficient to cover the cost ofthe benefits provided.

(2) As to options d. (3) and (4), the companies shallmake an additional monthly contribution peractive Fourteen-Hundred (1400) Hour Employeeof $23.56 effective July 1, 2000 plus the amountthe company would have paid had the retiredemployee and dependents, if any, enrolled inoptions (1) or (2). The portion of the premium paidby the retired employee to participate in eitheroption (3) or (4) shall be the amount, as deter-mined from time to time by the Board of Trustees,necessary to cover the projected cost of the pro-

72


gram of benefits under those options after takinginto account the projected amount of employercontributions payable under this paragraph (2) onbehalf of active Fourteen-Hundred (1400) HourEmployees, less the amount the company isrequired to pay on behalf of the retired employeeand dependents, if any, under this paragraph (2).The portion of the premium paid by a retiredemployee shall be adjusted to take into account thedifference in cost, if any, of the benefits providedunder the particular option the retired employeeelects, including whether the retired employeeelects retiree only or family coverage.

(3) The company’s obligation to make the per-retiredemployee contribution specified in paragraph (1),or the per-retired employee contribution speci-fied in paragraph (2), ends with the retiredemployee’s death. (The per-active Fourteen-Hundred (1400) Hour Employee contributionspecified in paragraph (2) is not affected by thedeath of a particular retired employee.) As setforth in the Plan booklets, under certain circum-stances, dependents may continue coverage bymaking self-payments.

f. Effective July 1, 2006, the options available toretirees include those set forth in paragraph d (1)through (4).The rights of retired employees and dependents toswitch options or to make separate elections is limit-ed as set forth in the Plan booklets

g. Effective July 1, 2006, the pre-1994 RetireeMedicare Part B Benefit shall terminate and allMedicare Part B Retirees will be transferred by theTrustees of the Joint Benefit Trust to the IHCAoption (paragraph d (2) of this Section).

4. Health and Welfare, Dental, Drug and Vision Plansfor Employees With Three or More Years’ Non-Fourteen Hundred (Non-1400) Hour SeniorityBefore July 1, 2003.a. Welfare plans provided for employees and their eli-

gible dependents:(1) Health and Welfare, Dental, Drug and Vision

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programs covering employees and their depen-dent children will be provided for those employ-ees with three or more years’ seniority standingprior to July 1, 2003. The Vision Plan will beprovided for employees only.

(2) If employees or, if applicable, dependents,receive any treatment or service which is coveredor furnished by any other group or group-typehospital, governmental program, and/or surgicalprogram, the total benefit paid by this Plan shallnot exceed 100% of the charges for such treat-ment or service.

(3) The health and welfare plan, dental plan and drugplan are provided through Health ServicesBenefit Administrators, Inc. and/or an adminis-trator selected by the Trustees. The schedule ofdental benefits shall be increased by 3% eachyear of the collective bargaining agreement, com-mencing with July 1, 2009. The vision plan isprovided through Vision Service Plan and/or aprovider selected by the Trustees.

b. Eligibility for all plans:(1) The seniority listing will constitute basic eligibil-

ity and the contribution for the employee and theemployee’s dependent children, if covered, willbe paid under this program by the company foreach month following a month in which the basi-cally eligible employee worked eighty (80) ormore hours.

(2) In the employee’s first month of eligibility, theemployee has the option of making self-contribu-tions if the employee failed to work eighty (80)hours. If the employee does not make self-contri-butions for the first month of eligibility or if theemployee skips a month, no additional self-con-tribution can be made until eighty (80) hours in amonth have been worked.

(3) All non-fourteen hundred (non-1400) houremployees eligible for benefits under the 1400Hour Plan described in this paragraph 4 musthave their contributions paid even though their

74


spouse may be an eligible fourteen hundred(1400) hour employee.

(4) If an employee quits or is terminated for any rea-son during a month, even if eighty (80) hourshave been worked, no contribution is required forthe following month nor will coverage be granted.

c. Extended Coverage Rules:(1) Eligible employees who were either in a bridging

status or eligible for bridging on July 1, 1985(bridged employees) and who are laid off due tolack of work shall have their health and welfarecontributions paid for by the company (employeemedical coverage only) for a period not to exceedeleven (11) months from the date of layoff (bridg-ing period) to provide employee coverage duringthe layoff period, provided the company has madeat least one (1) contribution payment as a result ofthe employee working eighty (80) hours.

(2) Non-fourteen hundred (non-1400) hour employ-ees who were neither in bridging status norbridged as of July 1, 1985 (“unbridged” employ-ees) will not qualify for bridging. Unbridgedemployees who are laid off due to lack of workshall have the right to self-pay for health and wel-fare (employee medical coverage only) for thebridging period, provided the company has madeat least one (1) contribution payment as a resultof the employee working eighty (80) hours.

(3) In the event the employee (bridged or unbridged)is not returned from layoff following the expira-tion of the bridging period and, in the case of theunbridged employee, provided self-paymentshave been made for health and welfare coveragethroughout the bridging period, the employeemay elect to pay the health and welfare contribu-tions for the employee’s own coverage at theapplicable rate for an additional period not toexceed twenty-four (24) additional months.Thereafter, the employee must requalify forbridging or for the right to make self-paymentsby being recalled to work from layoff or return-ing from personal leave and by the company’s

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payment of the contribution for at least one (1)month as required under the 1400 Hour plan.

(4) There is no bridging of Non-1400 Hour Plan den-tal or drug benefits for the eligible employee inthe event of layoff. However, the bridged employ-ee and the unbridged employee self paying forcoverage pursuant to 4. c .(3) above shall have theright to make self-contributions for the employ-ee’s drug and dental plans and dependent chil-dren’s health and welfare, drug and dental plans’coverage during the eleven (11) month bridgingperiod and may continue such coverage by selfcontribution during the subsequent twenty-four(24) month period if the employee elects to becovered. The intent of this paragraph is to prohibitselectivity against the plans. If the employee doesnot pay for dependent coverage during the eleven(11) month bridging period, the employee cannotpay for dependent children coverage for the twen-ty-four (24) month additional period.

(5) Bridged employees electing to self-pay for cover-age pursuant to this Section must elect to do sowithin 31 days of employment. Unbridgedemployees electing to make self-payments forcoverage may pay on a month-to-month basisafter company-paid coverage ends.

(6) When eligible employees are ill, have an industri-al injury or take a personal leave of absence dur-ing the working season and, thereby, fail to workeighty (80) hours in a month, the company is notresponsible for contributions for the employee orthe employee’s dependent children. However,employees may make their own contributions upto eleven (11) months providing that either thecompany or the employee made a contributionfor the month preceding the illness, industrialinjury or personal leave of absence. The eleven(11) month period begins with the first day of themonth following the month for which theemployer would have been required to make acontribution under paragraphs 4. b. or 4. c. (1) orfor which the employee had the right to make a

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contribution under paragraph 4. c. (2) had the ill-ness, industrial injury or personal leave ofabsence not occurred. After the eleven (11)month period expires, the employee has no fur-ther self-pay rights under this paragraph until acontribution is required from the companybecause of hours worked.

(7) Employees who are permanently laid off as aresult of a plant closure as defined in AppendixL, shall be eligible to make self-contributions fortheir continued health and welfare coverageunder these Plans for a period not to exceedtwelve (12) months after their termination date.Such self-contributions must be continuous witheither the company’s or the employee’s last con-tribution without any lapse in coverage.Employees can make self-contributions for theirown coverage or for the coverage they elected inaccord with paragraph 4. c. (2) or 4. c. (4) above.If said election has not been made at the time ofthe plant closure, the previous years’ electionshall apply.

(8) Unless pre-funded through payroll withholding,all self-payments for health and welfare coveragemust be made directly to the company by thesixth (6th) day of the month for which coverageis being purchased. Self-pay coverage must becontinuous. If a payment is missed, the employ-ee’s (and dependent’s coverage if applicable)ends and the employee loses the right to self-payfor coverage in future months unless and untilemployer-paid eligibility is reestablished.

d. Mammography Coverage: During the term of thisAgreement it may no longer be possible to provide amammography testing benefit under the MedicalExamination Program described in Section 6 of thisAppendix. In the event that the Medical ExaminationProgram no longer offers a mammography benefit,the Non-1400 Plan, and Bridged Non-1400 Planshall provide a mammography benefit of up to $75per exam to each covered employee and spouse atscreening intervals as recommended by theAmerican Cancer Society.

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5. Health and Welfare, Dental and Drug Plans forEmployees Who First Attain Three or More Year’sNon-Fourteen Hundred (Non-1400) Hour SeniorityOn Or After July 1, 2003. (“New Entrants”)a. Welfare Plans Provided for Employees:

(1) Health and Welfare, Dental and Drug programscovering employees will be provided for thoseemployees who attain three or more years’seniority standing on or after July 1, 2003.

(2) If employees receive any treatment or servicewhich is compensated or furnished by any othergroup or group-type hospital, governmental pro-gram, and/or surgical program, the total amountof benefits paid by this Plan shall not exceed100% of the charges for such treatment or ser-vice. The health and welfare plan, dental plan,and drug plan are provided through HealthServices Benefit Administrators, Inc. and/or anadministrator selected by the Trustees.

b. Eligibility for all plans:(1) The seniority listing will constitute basic eligibil-

ity and the contribution for the employee, if cov-ered, will be paid under this program by thecompany for each month following a month inwhich the basically eligible employee workedeighty (80) or more hours.

(2) In the employee’s first month of eligibility, theemployee has the option of making self-contribu-tions if the employee failed to work eighty (80)hours. If the employee does not make self-contri-butions for the first month of eligibility or if theemployee skips a month, no additional self-con-tributions can be made until eighty (80) hours ina month have been worked.

(3) All non-fourteen hundred (non-1400) houremployees eligible for benefits under the NewEntrants plan must have their contributions paideven though their spouse may be an eligible four-teen hundred (1400) employee.

(4) If an employee quits or is terminated for any rea-son during a month, even if eighty (80) hours

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have been worked, no contribution is required forthe following month nor will coverage be granted.

c. Eligibility for employees who attained three-yearseniority status on or after July 1, 2003:(1) Only employees are eligible for coverage under

the Health and Welfare and Drug Plans. There isno coverage for dependent children. Eligibleemployees and their dependent children may becovered under the Dental Plan.

(2) When coverage is lost, there are no rights to self-pay for coverage other than those provided by law.

d. Mammography coverage: During the term of thisAgreement it may no longer be possible to provide amammography testing benefit under the MedicalExamination Program described in Section 6 of thisAppendix. In the event that the Medical ExaminationProgram no longer offers a mammography benefit,the New Entrants Plan shall provide a mammogra-phy benefit of up to $75 per exam to the employee atscreening intervals as recommended by theAmerican Cancer Society.

6. Medical Examination Plana. Employees with one (1) or more years of seniority

become eligible for the Medical Examination Planand Follow-up Program. For employees hired beforeJuly 1, 2009 who attain 1400 hour status will be eli-gible for the medical examination annually for them-selves and spouse. Employees hired on or after July1, 2009 who attain 1600 hour status will be eligibleannually for themselves and spouse. Seasonalemployees will be eligible for the medical examina-tion program evey three (3) years.

b. The purpose of the Plan is to provide the employeeswith complete periodic physical examinations by aprofessional medical staff for the purpose of detect-ing and diagnosing diseases and health disorders.

c. Examinations shall take place at the employees’ jobsites. For purposes of administering the examina-tions, movable vans appropriately designated andequipped for administering complete medical exami-nations shall be utilized. The vans shall be used to

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transport the necessary staff and equipment to thejob site and shall serve as a place in which to con-duct examinations.

d. Examinations shall be administered by a profession-al medical staff.

e. The examinations shall be given during the regularwork hours of the employee where operatingrequirements permit, provided the employees shallnot suffer a reduction of pay for reason of taking thephysical examinations. All eligible employees whoobtain medical examinations at times other than theirindividual working hours shall receive $3.00 paid bythe company provided they take the medical exami-nation.

f. Provided that facilities are available and the sched-ule permits, employees of companies not membersof California Processors, Inc., shall be permitted toobtain a medical examination; and the independentcompany or trust shall be charged on a reasonablebasis.

g. In the event scheduling problems arise between thecompanies, the administrator and local unions, ajoint committee composed of the Joint Benefit TrustTrustees shall resolve such issues. Unresolved issuesshall be subject to arbitration.

h. Mammography coverage: During the term of thisAgreement it may no longer be possible to provide amammography testing benefit under the MedicalExamination Program described in Section 6 of thisAppendix. In the event that the Medical ExaminationProgram no longer offers a mammography benefit,then for those employees who are not covered underSections 2 (c), 4 (d) or 5 (d), the MedicalExamination Program shall provide a mammogra-phy benefit of up to $75 per exam to the employee inthe year the field examination is conducted at theemployee’s plant.

7. Life Insurance Plan No. 1104LD.a. Initial Eligibility for Plan.

All employees who have completed thirty (30) daysof employment (employment status for thirty (30)

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calendar days not seniority as such) shall be eligiblefor the Plan. The Plan shall provide a benefit of$5,000 for 1400 Hour employees and $1,500 fornon-1400 Hour employees.Employees shall become initially eligible for the Planif they satisfy any one of the following conditions:(1) They are hired at a particular plant in accord with

Section X, Hiring Practices, and have had previ-ous satisfactory employment at that plant.

(2) They are hired at a particular plant in accord withSection X, Hiring Practices, and have had previ-ous experience at other plants in the NorthernCalifornia Canning Industry.

(3) They are hired at a particular plant and have com-pleted thirty (30) calendar days of employment(employment status for thirty (30) calendar days,not seniority as such).

Employees are covered for the life insurance on theday thirty (30) calendar days of employment arecompleted. If an employee completes thirty (30) cal-endar days on or prior to the fifteenth of any month,a premium payment for that month is required by thecompany. However, if an employee completes thirty(30) calendar days of employment after the fifteenthof a month, no contribution is required for thatmonth even though the employee is covered by thelife insurance plan.

b. Continuing Eligibility for Plan.After an employee establishes initial eligibility asdefined above, coverage and company contributionsin subsequent months shall require the employeeworking at least one (1) day in each month for cover-age in that month.

c. Waiver of Contribution.Except when an employee is permanently disabled,there is no waiver of contribution under the Plan.When eligible fourteen hundred (1400) hour, non-fourteen hundred (non-1400) hour, or non-seniorityemployees are ill, have an industrial injury or take anapproved leave of absence and thereby fail to workone (1) day in a month, no contribution is required

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by the company. However, employees can maketheir own contribution in accord with the followingrules regarding self-contributions.

d. Self-Contributions.Employees are not eligible for contributions by thecompany if they do not work one (1) day in a month.Therefore, employees interested in protecting theirpaid up portion of the policy must make their owncontributions when they are not working.(1) When fourteen hundred (1400) hour employees

fail to work one (1) day in a month they mustmake provision to pay the contribution for thatmonth in order to continue their insurance inforce. Vacation and sabbatical leave shall countas time worked and the contribution shall be paidby the company during those periods of leave.

(2) Non-fourteen hundred (non-1400) hour employ-ees and non-seniority employees eligible for theplan can make provision to pay the contributionsduring non-working months in accord with thefollowing procedure:(a) At the beginning of the season employees

must be notified they have an option to electto continue coverage under the $1,500 LifeInsurance Plan during any subsequent peri-od in which contributions are not required tobe made, such as layoff.

(b) If employees elect to have the life insuranceplan continued during any such period, theemployees should authorize that appropriatecontributions be withheld during the season.

(c) The maximum period in which employeescan pre-pay their insurance is twenty-four(24) months. Thereafter, employees mustrequalify for the Plan by being recalled towork and having the company pay the con-tribution for at least one (1) month.

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APPENDIX DPENSION PLANS

1. General Background.Pension benefits are provided for covered employeesunder the Western Conference of Teamsters PensionTrust Fund (WCT Trust Fund). Before January 1, 2002,pension benefits for covered employees also were pro-vided under the Western States Food ProcessingIndustry Employees Pension Plan (Food ProcessingPlan). On December 31, 2001, the Food Processing Planmerged into the WCT Trust Fund which assumedresponsibility for payment of the pension benefitsearned by covered employees under the FoodProcessing Plan up through that date. Pension benefits provided under the WCT Trust Fund inaccordance with the Western Conference of TeamstersPension Plan (WCT Plan) are based on company contri-butions on an hourly basis in the amount and under theterms set forth in Sections 2. and 3. (below) for eachclassification of employees.

2. Pension Benefits for Employees Who Have AchievedFourteen Hundred (1400) Hour Status.a. For employees classified as “fourteen hundred

(1400) hour employees”, the company will con-tribute $1.736 per hour for each covered employee tothe WCT Trust Fund to provide benefits in accor-dance with the WCT Plan. In addition, the companywill contribute an amount equal to 16.5% of the fore-going basic contribution (28¢) to provide for partici-pation in the Program for Enhanced EarlyRetirement (PEER/80).Effective July 1, 2009, the company will increase itscontribution to the WCT Trust Fund by 10¢ per hour,of which 8¢ shall be allocated to basic contributionsand 2¢ shall be allocated to PEER/80, therebyincreasing the basic contribution rate from $1.736 to$1.816 per hour and the PEER/80 contribution from28¢ to 30¢ per hour for a total of $2.116 per hour.Effective July 1, 2010, the company will increase itscontribution to the WCT Trust Fund by 10¢ per hour,of which 9¢ shall be allocated to basic contributions

83


and 1¢ shall be allocated to PEER/80, therebyincreasing the basic contribution rate from $1.816 to$1.906 per hour and the PEER/80 contribution from30¢ to 31¢ per hour for a total of $2.216 per hour.Effective July 1, 2011, the company will increase itscontribution to the WCT Trust Fund by 10¢ per hour,of which 8¢ shall be allocated to basic contributionsand 2¢ shall be allocated to PEER/80, therebyincreasing the basic contribution rate from $1.906 to$1.986 per hour and the PEER/80 contribution from31¢ to 33¢ per hour for a total of $2.316 per hour.The contribution required to provide for PEER/80will not be taken into consideration for benefitaccrual purposes under the WCT Plan.The additional contribution for PEER/80 must at alltimes be 16.5% of the basic contribution and cannotbe decreased or discontinued at any time.

b. Contributions shall be made for each and every hourworked or paid for on behalf of each employee.

c. Contributions for new fourteen hundred (1400) houremployees begin the day following the day theemployee has qualified by working fourteen hundred(1400) hours, including holiday and vacation hoursper Paragraph VI.C.2.a. on an anniversary or calen-dar year basis, except that:(1) An employee hired within six (6) months after ter-

mination from another canner covered by theWCT Trust Fund who has previously qualifiedand who is assigned to non-seasonal work shallhave contributions made on the employee’s behalfbeginning after the normal trial period (30 calen-dar days) retroactive to the date of employment.

(2) An employee hired within (6) months after termi-nation from an employer covered by the WCTTrust Fund and who had previously qualified andwho works fourteen hundred (1400) hours afterthe employee’s date of employment shall havecontributions made on the employee’s behalfretroactive to the employee's starting date.Continuation of eligibility shall be based on theretention of fourteen hundred (1400) hour eligi-bility as provided in Section IX.N.

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3. Pension Benefits for Non-Fourteen Hundred (Non-1400) Hour Employees.a. For employees classified as “non-fourteen hundred

(non-1400) hour employees” the company will con-tribute 1.062¢ per hour for each covered employee tothe WCT Trust Fund to provide benefits in accor-dance with the WCT Plan. In addition, the companywill contribute an amount equal to 16.5% of the fore-going basic contribution (17¢) to provide for partici-pation in the Program for Enhanced EarlyRetirement (PEER/80).Effective July 1, 2010, the company will increase itscontribution to the WCT Trust Fund by 5¢ per hour,of which 4¢ shall be allocated to basic contributionsand 1¢ shall be allocated to PEER/80, therebyincreasing the basic contribution rate from $1.062 to$1.102 per hour and the PEER/80 contribution from17¢ to 18¢ per hour for a total of $1.282 per hour.Effective July 1, 2011, the company will increase itscontribution to the WCT Trust Fund by 5¢ per hour, ofwhich 4¢ shall be allocated to basic contributions and1¢ shall be allocated to PEER/80, thereby increasingthe basic contribution rate from 1.102¢ to 1.142¢ perhour and the PEER/80 contribution from 18¢ to 19¢per hour for a total contribution of $1.332 per hour.The contribution required to provide for PEER/80will not be taken into consideration for benefitaccrual purposes under the WCT Plan.The additional contribution required to provide forPEER/80 must at all times be 16.5% of the basiccontribution and cannot be decreased or discontin-ued at any time.

b. Contributions shall be made for each and every hourworked or paid for on behalf of each employee.

c. Effective January 1, 1998, the company will makeadditional contributions to the WCT Trust Fund foremployees classified as “non-fourteen hundred (non-1400) hour employees” in amounts necessary tocomply with the WCT Trust Fund’s Trustee Ruleson Acceptance of Employer Contributions in theFood Processing Industry regarding permissible dual

85


rate provisions, subject to all permissible limitationson such additional contributions.

d. Effective for any non-fourteen hundred (non-1400)hour employee hired by the company on or after July1, 2003, the company shall pay to the WCT TrustFund a contribution rate of 10¢ per hour, of which 9¢shall be the basic contribution and 1¢ shall be thePEER/80 contribution, until the employee attainsseniority as provided in Section IX.A., but in no casefor a period longer than 90 calendar days from theemployee’s initial date of hire with the company.These contributions shall be in lieu of the contribu-tions provided for in Paragraph 3.a., above.Contributions during this period shall be made foreach and every hour worked or paid for on behalf ofthe employee. Upon the employee’s attainment ofseniority as provided in Section IX.A., or if earlier,upon expiration of the 90-calender day period frominitial date of hire, the contribution rate shallincrease to the full contribution rate specified inParagraph 3.a. above. The intent of this Paragraph3.d. is to conform to item number 3 of the WCTTrust Fund’s Trustee Policy on Acceptance ofEmployer Contributions and the parties agree to exe-cute any conforming amendments to this Paragraphthat may be required by the WCT Trust Fund.

4. If there are any conflicts between the provisions of thisAppendix D and the provisions of the WCT PensionPlan and Trust Agreement, the provisions of the PensionPlan and Trust Agreement will apply.

5. When an employee retires and receives an initial pensioncheck from the WCT Trust Fund, the company shall beimmediately notified by the local union of the date theemployee begins to receive such pension benefits.

APPENDIX EJURY DUTY

Any employee with one (1) or more years of seniority stand-ing, twelve (12) calendar months following attainment of senior-ity, called to jury duty or subpoenaed by the Court as witnessesto appear in court shall not lose any pay by reason of being

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called to qualify or serve as jurors or witnesses to appear incourt. Such employees will not be required to report to workwhen called to perform such services. The company shall paysuch employees the difference between their regular compensa-tion and the payment made to them as jurors or witnesses.

APPENDIX FSICK LEAVE PLAN

1. Eligibility.Employees who have worked in the plant at least fourteenhundred (1400) combined straight and overtime hours, perAppendix B, Preface to the Fringe Benefit Appendices,during the preceding calendar year or anniversary year areeligible. Paid sick leave hours shall be credited towardsthe eligibility hours referred to above.

2. Waiting Period.Except in cases of industrial disability or accident whichnecessitate absence from work, there shall be a waitingperiod of three (3) working days, including overtimedays the employee would have worked on each disabili-ty before the benefits are payable. In the case of arelapse caused by the same illness or injury within two(2) weeks after an employee returns to work, no waitingperiod is required. If an employee is hospitalized at anytime during the employee’s three-day waiting period,the full waiting period is waived. Surgery performed onan out-patient basis in lieu of hospitalization, as deter-mined by the Joint Benefit Trust Utilization ReviewService, shall be considered hospitalization for theapplication of this paragraph.

3. Calculation of Benefits.Disability pay will be calculated on the basis of straight-time hours (including the twenty-five cents (25¢) paid onstraight-time Saturdays and night shift premium) theemployee would have worked (based on each employee’sannual assignment hourly rate), for each of the employ-ee’s scheduled straight-time days of work lost due to thedisability, less the waiting period. If an employee isassigned to a temporary job, due to an industrial injuryand laid-off from the temporary job, the determination asto whether the employee would have worked will be

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based on whether the employee would or would not havebeen on layoff from the employee’s regular assignment.If the employee is on layoff and is called back to workbut is unable to return because of a disability, sick leavewill start for the time the employee would have been atwork, less the waiting period. If the employee, based onseniority and qualifications would have been on layoff,no disability pay is due during such layoff periods. Theintent of this Section is to provide that an eligibleemployee will receive the designated sick pay forstraight-time scheduled days of work for which theemployee is not paid wages on account of the disability.In no event shall there be a layoff for the purpose ofavoiding the payments of sick benefits.Sick leave payments by the company shall be made tothe employee not later than the second payday after thecompany receives notification of the illness or injury.

4. Schedule of Benefits.Completed Years Weeks’ Benefits Weeks’ Benefits

of Service at Full Pay at Half Pay

1 1 42 2 73 3 104 4 135 5 166 6 197 7 228 8 259 9 2810 10 3211 11 3112 12 3013 13 2914 14 2815 15 2716 16 2617 17 2518 18 24

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19 19 2320 20 2221 21 2122 22 2023 23 1924 24 1825 25 17

26 or more 26 16

5. Application of Benefit Schedule.If an employee becomes disabled while on vacation orsabbatical leave, at the employee’s request, such employ-ee may have vacation or sabbatical leave interrupted andbe placed on sick leave status on Monday of any weekproviding the employee notifies the company and sub-stantiates the disability on Monday. Failing such Mondaynotification, the employee may be placed on sick leaveMonday of the next week. The employee’s unused vaca-tion shall be granted on request on a later date.The benefits under Workers’ Compensation are separatefrom and in addition to the benefits provided for non-industrial cases. For example, the employee mayexhaust the employee’s benefit schedule while off workfor a Workers’ Compensation injury but after returningto work will still remain eligible to apply the scheduleof benefits for a non-industrial disability. This alsoapplies in reverse in the event the non-industrial disabil-ity occurs first and an industrial injury occurs after theemployee returns to work.

6. Integration with S.D.I. and Workers’ Compensation.Company-paid benefits will be fully integrated withS.D.I. and Workers’ Compensation, and this will beaccomplished in the following manner:a. Full-week benefits—during full-week benefits the

company will supplement the weekly S.D.I. andWorkers’ Compensation payments for which theemployee is eligible up to a maximum of 100% ofthe employee’s normal net weekly straight-timeearnings. The net weekly straight-time earnings willbe based on the last straight-time week prior to thecommencement of sick pay.

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b. In the event the weekly S.D.I. and/or Workers’Compensation payments become subject to taxationas income, the maximum net of the employee’s nor-mal straight-time earnings provided in 6.a. shallbecome 100%.

c. Half-week benefits—during the half-week benefitsthe benefits due from the company shall be a maxi-mum of one-half the employee’s normal weeklystraight-time earnings. Company payments, up to amaximum of one-half the employee’s straight-timeearnings, will supplement S.D.I. and Workers’Compensation payments by the full one-half of theemployee’s straight-time weekly earnings if the com-bined benefits would equal more than 100% of theemployee’s normal weekly straight-time earnings.If the combination of half the employee’s straight-time earnings for the week involved, plus theemployee’s weekly S.D.I. benefits, do not equal100% of the employee’s weekly straight-time earn-ings, the difference up to 100% will be paid from theemployee’s S.D.I. reserve account.

7. Subsequent Employee Credits Resulting From theS.D.I. Integration.All S.D.I. payments that have been used as a creditagainst the weekly benefits that the company is obligat-ed to pay, will be set up by the company as a credit forthe individual employee concerned and will be availableto the employee, if disabled, in accordance with stan-dard S.D.I. practices after the employee is no longer eli-gible to collect S.D.I. benefits during the disabilityperiod involved.Any employee eligible for “Sick Leave Plan” benefitswho retires on or after age 65 will be entitled to receiveall S.D.I. payments remaining in the employee’s reserveaccount that have been used as a credit by the company.Providing the employee meets the following conditions,weekly payments will be made in the same amount ofmoney as was weekly credited to the reserve account:a. The employee is receiving payments under the Sick

Leave Plan at the time of retirement.b. The employee remains continually incapacitated by

the same illness and can satisfy the provisions of

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“Proof of Claim” under the Sick Leave Plan in thesame manner as an active member.

c. The employee is no longer eligible for S.D.I. payments.8. Renewal of Benefits.

Whenever an employee has worked one hundred thirty(130) working days or more since the employee’s lastpaid disability, including holiday, vacation and sabbati-cal leave, the full schedule of benefits is renewed auto-matically in accordance with the employee’s service.The employee is always eligible for the scheduledamount of benefits, less accumulated periods of paiddisability, during the one hundred thirty (130) work dayperiod necessary for full renewal of benefits.If an employee is on sick leave at the time the employeebecomes ineligible to be continued on the sick leave ros-ter, the employee shall be eligible for the remaining partof the existing benefit schedule as long as the employeeremains continuously disabled with the same disability.

9. Proof of Claim.If required by the company, a claim for disability pay-ments shall be supported by a certificate from a licensedphysician, surgeon, or chiropractor. When required,such certificate shall be supplied to the company by theemployee. An employee will be eligible for sick leavepay as long as the employee qualifies for state disabilitybenefits under the provisions of Assembly Bill #3082relating to Alcoholic Recovery Programs. The companyshall have the right at any time to make an investigationof each claim filed. Any dispute between the parties asto the validity of a claim shall be referred to theArbitration Board.

10. Notification Required.In case of illness or disability, notice shall be given to theperson or persons designated by the company, providedsuch person or persons are available to receive suchnotice during specified hours. The waiting period for ben-efits shall commence on the date such notice is receivedby the company unless unusual circumstances beyond thecontrol of the employee make it impossible for theemployee to notify the company as provided above.When requested by the local union, each company shall

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furnish, at reasonable intervals of time, statements list-ing the employees receiving sick pay and the amountspaid to each.

11. Conditions Not Covered.Employees will not be entitled to disability pay underthis Plan:a. If the sickness or injury is due to willful self-injury,

intoxication, the use of narcotics or habit-formingdrugs, or for illness or injury resulting from willful,illegal action.

b. If the employee is injured while performing work foranother employer unless such work is performedwith the knowledge and written consent of the pri-mary employer.

c. If the employee’s sickness or injury is the result ofan act of war.

d. The last three (3) working days of an employee’svacation shall count as waiting days if the employeeis sick on those days and gives notice at the start ofthe sickness in accordance with “NotificationRequired” above and can submit evidence of sick-ness as provided under “Proof of Claim.”This shall not apply if the employee would havebeen on layoff status during the three (3) day periodreferred to above.

e. If an employee receives a settlement or award cover-ing wages lost, the company shall have the right torecover disability payments made by the companyduring such period or periods.

12. Notwithstanding an employee’s eligibility for the bene-fits set forth herein, an employee who has a pattern ofexcessive absences may be subject to discipline and/orseparation from employment where such employee haseffectively become unemployable. In such cases theparties agree to submit any dispute as to whether there isjust cause for such discipline to expedited arbitration.The Arbitrator’s fees and other costs incidental to suchexpedited arbitration will be borne by the Employer,each side shall bear their own costs of representation.

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APPENDIX GThe substance of this Appendix was deleted in June of1994.

APPENDIX HDEATH IN FAMILY

Death in the Family Benefit for Fourteen Hundred (1400)Hour Employees and Non-Fourteen Hundred (Non-1400)Hour Employees With Two or More Years of SeniorityStanding.

Upon request, three (3) straight-time days (five (5) such daysfor death outside the State of California) will be paid for by thecompany in the event of a death in the immediate family. Anemployee may request that Saturday and/or Sunday be consid-ered as straight-time days for purposes of this Appendix, if suchemployee was scheduled to work on Saturday and/or Sunday. Itis the intention of this provision that persons who take suchleave shall actually be attending the funeral of the member of theimmediate family and/or have to attend pre- or post-burial mat-ters. Upon request, proof of travel shall be furnished to the com-pany for deaths out of state.

The amount of pay for each such day shall be determined bythe work guarantee for fourteen hundred (1400) hour employeesset forth in Section V.C.2.a. and b., and for non-fourteen hun-dred (non-1400) hour employees set forth in Section V.C.3.a.

“Immediate family” includes the following:1. Spouse — includes legal wife or husband. Does not

include ex-wife or ex-husband.2. Child — also includes stepchild, legally adopted child

or children of whom employee is legal guardian.3. Parent — includes natural parents, step-parents or adop-

tive parents.4. Brother — includes natural brother, stepbrother, adop-

tive brother or half-brother.

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5. Sister — same type of inclusions as described for“Brother.”

6. Father-in-Law — applies only to the father of the cur-rent legal spouse.

7. Mother-in-Law — applies only to the mother of the cur-rent legal spouse.

8. Son-in-Law.9. Daughter-in-Law.10. Grandparents — includes the parents of the employee’s

natural parents, step-parents or adoptive parents. Thiscategory also includes great-grandparents.

11. Grandchildren.Employees are not eligible to receive this benefit if they areon layoff status or on a leave of absence without pay.However, if an employee is on a leave of absence withoutpay relating to an illness of a member of the employee’s“immediate family” as defined in this Appendix, the employ-ee shall be entitled to receive this benefit if such familymember dies while the employee is on such leave of absence.

APPENDIX ION-THE-JOB TRAINING PROGRAM

An On-the-Job Training Program will be provided for quali-fied designated employees to develop special mechanical skills(all varieties of maintenance and repair work; such as, electrical,automotive, boiler room and the various categories of processingmachinery) prior to the anticipated retirement of specificemployees in the mechanical classifications. Mechanical posi-tions for which training is provided under the CaliforniaCanning Industry Joint Apprenticeship Program are specificallyexcluded from this Appendix.

The parties agree that the Teamsters Cannery Council andCalifornia Processors, Inc. shall each appoint four (4) membersto an On-The-Job Training Committee. This Committee shall beresponsible for and have the authority to establish and imple-ment consistent rules and procedures to effectuate, modifyand/or improve the On-The-Job Program set forth below. Thetraining program will operate as follows:

1. Annual review (between January 1 and March 1) ofmechanically skilled employees due to retire who need

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to be replaced will be made by all companies for eachindividual plant covered by this Agreement.Opportunities to enter this On-the-Job TrainingProgram as a replacement for employees due to retire orthe additional needs for an increased work force, asrequired by the company, will be posted for a period often (10) working days, and employees accepted fortraining by the company and the local union willbecome “designated trainees.” Except for the ten (10)day posting period, the rules and conditions applicableto the posting of training opportunities will be the sameas those applicable to the general posting of job vacan-cies appearing under Section IX.H. — Job Posting.

2. The following wage rates at the appropriate intervalsshall apply to trainees who have demonstrated satisfac-tory progress.First 400 hours Class C level BR III

of TrainingNext 600 hours Class B level BR III + 50% of dif-

of training ference betweenBR III and BR II

Next 1000 hours Class A level BR IIof training

Next 1000 hours BR II + 25% of dif-ference betweenBR II and BR IB

Next 1000 hours BR II+50% of dif-ference betweenBR II and BR IB

Next 1000 hours BR II+75% of dif-ference betweenBR II and BR IB

End of 5000 hours BR IB(when assigned)

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3. The number of hours of training to qualify for specifiedvacancies shall be:(a) Bracket III trainee to qualify for Bracket IB — 5000

hrs. of training.(b) Bracket II trainee to qualify for Bracket IB — 4000

hrs. of training.(c) Bracket III trainee to qualify for Bracket II — 1000

hrs. of training.An untrained employee already at the Bracket II rateshall remain at the Bracket II rate for 1000 hours andthen will become eligible for progression increases.

APPENDIX JThe substance of this Appendix was transferred toAppendix C effective July 1, 2000.

APPENDIX KSABBATICAL LEAVE PLAN

1. General.a. It is agreed that a Sabbatical Leave Plan shall be part

of the Collective Bargaining Agreement. The agreedupon Sabbatical Leave Plan shall be administered bya Board of Trustees composed of five (5) representa-tives designated by the Employer and an equal num-ber of representatives designated by the Union. Theduties and powers of the Board of Trustees shall beset forth in a Trust Agreement.

b. Employees shall be granted Sabbatical Leave withfull pay based on a program to be established by theTrustees. The current eligibility and benefits will bemaintained by the companies for the life of thisAgreement.

c. Leave granted under the Plan shall be exclusive ofand in addition to regular vacations granted underSection VIII of this Collective BargainingAgreement.

d. Each company shall contribute an amount deter-mined by the Trustees to the Trust Fund providingfor this Plan for each and every hour worked or paidfor, including all sick pay hours and those hours par-

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tially covered by State disability insurance, pursuantto this Collective Bargaining Agreement.

2. Eligibility.a. Effective January 1, 1966, all employees who have

fifteen (15) years or more of sixteen hundred (1600)hour years of seniority including the first (1st) calen-dar year in which they have completed sixteen hun-dred (1600) hours worked and commencing January1, 1971, who have completed fourteen hundred(1400) hours worked in accordance with the provi-sions of this Agreement and who are on the senioritylist at the time of eligibility or anytime thereaftershall have satisfied the basic eligibility requirementsubject to the following:(1) Employees who have satisfied the eligibility

requirement as outlined in 2.a. above shall beconsidered as having satisfied the eligibilityrequirement and shall become eligible forSabbatical Leave.

(2) Employees who have not acquired the basic eligi-bility requirement must be actively employedafter satisfying the eligibility requirement as out-lined in 2.a. above in order to be eligible andfully vested. To be actively employed requiresthe performance of work for which the employeeis compensated.

(3) Employees on extended leaves of absence priorto the inception of a five (5) year cycle mustreturn to work and must be actively employedbefore they are eligible and fully vested.

b. Once an employee qualifies for Sabbatical Leave,that employee requalifies again every five (5) years,providing the employee maintains seniority andmeets the requirements outlined in a. (3) above.

c. In the event a fourteen hundred (1400) hour employ-ee’s job is lost because of a plant closure, as definedin Appendix L, and the employee is hired within six(6) months by another canner participating in theSabbatical Leave Trust, such employee shall main-tain years of service with the previous companytoward such employee’s eligibility for benefits.

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d. Employees who complete fourteen hundred (1400)hours of work in their fifteenth (15th) year and whoretire that year are eligible for the sabbatical leavebenefits.

3. Benefits — Basic Plan.Each eligible employee shall be granted nine (9) weeksleave during each five (5) year cycle with leave pay-ment equal to three hundred sixty (360) hours at theemployee’s annual assignment rate in effect at the timethe employee goes on leave.

4. Scheduling.a. The Board of Trustees shall determine the percentage

of eligible employees at each plant location that canbe granted leave each year of the five (5) year cycle.

b. Consistent with operating requirements, leaves shall bescheduled in accordance with seniority preference inthe same manner as vacations are presently scheduled.

c. Leaves and vacations shall be scheduled consecu-tively. By mutual agreement between the Parties,leaves and vacations may be granted separately.Neither party may unreasonably withhold approvalof the separation of leaves and vacations.

5. Conditions Applicable to the Sabbatical Leave Plan.a. Leave granted under the Plan shall be exclusive of

and in addition to regular vacations granted underSection VIII of this Collective BargainingAgreement.

b. Time on leave shall be treated in the same manner astime on regular vacation. Therefore:(1) The company shall maintain all fringe benefits for

employees on Sabbatical Leave that normallyaccrue to the employees under the CollectiveBargaining Agreement during active employment.

(2) The payments given to employees on SabbaticalLeave, whether in lump sum payment or in week-ly increments shall reflect any and all obligationsimposed upon companies by any City, County,State or Federal Statute.

(3) In addition, the payments given to the employeeson Sabbatical Leave shall reflect any and all

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obligations imposed upon employees by anyCity, County, State or Federal Statute.

(4) All employees on leave shall accrue seniority forthe full amount of hours for which they are paidwhile on leave.

c. Employees on leave shall receive holiday pay if theywould otherwise have been eligible but they shallnot be permitted to schedule leave during layoffperiods for the specific purpose of obtaining addi-tional pay for holidays for which they would nothave been eligible.

d. Payment for Sabbatical Leave shall be made to theemployee in a lump sum or in weekly increments atthe option of the employee.

e. All employees who meet the eligibility requirementsare automatically vested. Leave payments shall bemade after an employee is vested regardless of thetermination reason, and payment will be made inaccordance with Article Vll, Section F of the TrustAgreement. In the event of termination, the paymentobligation shall be fulfilled by lump sum payment atthe applicable rate excluding fringe benefits, exceptthat the foregoing shall not apply to those employeeswho will be granted their Sabbatical Leave(s) justprior to retirement in accordance with f. below.

f. An employee may only defer one five (5) year cycleof benefits prior to retirement.

g. If an extended layoff is scheduled, eligible employ-ees shall be permitted to request their leave instead,providing there are sufficient contributions in thefund for those employees already scheduled for thatyear.

h. An employee on Sabbatical Leave shall not be per-mitted to accept employment elsewhere unless:(1) The employee requests in writing prior to accept-

ing employment elsewhere and,(2) Further provided that a joint committee of the

Teamsters California State Council of Canneryand Food Processing Unions, InternationalBrotherhood of Teamsters, and the CaliforniaProcessors, Inc., grants permission.

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Acceptance of such employment by an employeewithout meeting the conditions outlined in h. (1) and(2) above shall subject such employee to discharge.

i. When vacations and Sabbatical Leaves are takenconsecutively, the vacation portion shall be takenfirst by the employee.

j. Leaves must be taken or deferred in nine (9) weekincrements.

6. Extended Vacation Plan (Sabbatical Leave).a. All eligible employees who have earned a Sabbatical

Leave which vested on or before January 1, 1982,but who have not taken such a leave, will have theirbenefit provided by the Trust. Contributions will bemade to the Trust in an amount that will adequatelyfinance these benefits. All future benefits will beprovided directly by each individual employer asextended vacation under the terms and provisionsdescribed below.

b. Employees who elect the extended vacation planwill be granted an additional nine (9) days vacationand will be paid seventy-two (72) hours at theirguaranteed annual assignment rate for each year theyelect the extended vacation plan, in addition to thevacation schedule as provided in Section VIII.

c. For employees who have earned a Sabbatical Leavewhich vested on or prior to January 1, 1982, themodified vacation schedule described in Paragraphb. above will become effective for such employeesbeginning five (5) years after they become eligiblefor the Sabbatical Leave Benefit either on a first timebasis or a subsequent five (5) year cycle.

d. Employees whose Sabbatical Leave has been con-verted to modified vacation will receive upon termi-nation the unused portion of their modified vacationbenefit attributable to the conversion from SabbaticalLeave, providing the employee would have beenvested under the Sabbatical Leave program. Themaximum payment will be nine (9) weeks.Example — If an employee is terminated who hasconverted to a modified vacation schedule aftertwenty-one (21) years of service, he would receive

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seven (7) weeks and one (1) day vacation pay at thetime of termination (nine (9) weeks minus one (1)week and four (4) days).

e. If an employee elects to exercise an option to take allnine (9) weeks of the converted Sabbatical Leave,the employee shall notify the company of this elec-tion within sixty (60) days after January 1 of anyyear subsequent to the year in which an employeecompletes 15, 20, 25, 30 year’s, etc. worked. Suchnotification shall be made utilizing forms furnishedby the company. Once such election is made it shallbe irrevocable during each five (5) year period. Anyemployee who selects this option shall be scheduledto take the nine (9) weeks off within the subsequentfive (5) year period. Determination of when the nine(9) weeks shall be taken shall be made based uponthe scheduling policy currently utilized by theSabbatical Leave Trust.The Trustees of the Sabbatical Leave Trust will con-tinue to serve as Trustees and in addition will servein the capacity of an advisory body for the expresspurpose of insuring an orderly and continuous transi-tion from the Trust Fund to the modified vacationplan.

APPENDIX LSEVERANCE PAY

1. For purposes of this Agreement, severance pay as pro-vided in this paragraph shall be payable to a qualifiedemployee who is permanently laid off as a result of anentire plant closing or in the event the company perma-nently closes a processing or warehouse unit (asopposed to the partial discontinuance of an operation orthe discontinuance of processing a particular prod-uct(s)). To be eligible for the severance benefit set forthbelow, an employee must be employed at the time of theclosing and will not qualify for such benefit if theemployee resigns, is discharged for cause before theemployee is laid off, or accepts a transfer to anotherplant of the same company outside the local union’sjurisdiction but within the jurisdiction of the Union.

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2. Employees who qualify for severance pay as describedabove who have one (1) or more years of fourteen hun-dred (1400) hour status will be given a severanceallowance of one (1) week pay at their regular straight-time rate for each full year of fourteen hundred (1400)hour status. Severance pay will not be granted if thecompany offers an employee a transfer to another of itsplants within the same local union’s jurisdiction cov-ered by the Collective Bargaining Agreement; however,if an employee accepts such a transfer, such employeeshall retain years of service credit earned at the priorplant for purposes of this Section.Furthermore, severance pay will not be granted if thecompany offers and an employee accepts a transfer toanother of its plants outside the same local union’s juris-diction but within the jurisdiction of the Union coveredby the Collective Bargaining Agreement; however, if anemployee accepts such a transfer, such employee shallretain years of service credit including fringe benefitcredit earned at the prior plant for purposes of thisSection. Any employee who is laid off as a result of aplant closing will lose seniority except as otherwise pro-vided under Section IX, Paragraph M. 6. It is alsounderstood that such employee does not qualify underthe provisions of Paragraph N. of said Section.

3. Acceptance of severance pay will not disqualify an oth-erwise eligible employee from receiving retiree Healthand Welfare benefits.

AFFILIATED LOCALS AND DESIGNATED PLANTSThe following locals, members of the Teamsters California

State Council of Cannery and Food Processing Unions, are cov-ered by the Collective Bargaining Agreement entered into onJune 16, 2009, by and between California Processors, Inc., andthe Teamsters California State Council of Cannery and FoodProcessing Unions, International Brotherhood of Teamsters:

Local LocationI. Cannery Warehousemen, Food Processors,

Drivers and Helpers Union No. 948 ModestoII. Cannery Warehousemen, Food Processors,

Drivers and Helpers Union No. 601 Stockton

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The following companies for the plants designated are cov-ered by the Collective Bargaining Agreement entered into onJune 16, 2009, by and between California Processors, Inc. andthe Teamsters California State Council of Cannery and FoodProcessing Unions, International Brotherhood of Teamsters.

Plant LocalCompany Location Union

Cascade LogisticsTracy Plant Tracy #601

ConAgraOakdale Plant Oakdale #948

Del Monte CorporationPlant No. 1 Modesto #948Plant No. 25 Kingsburg #948Plant No. 48 Lathrop #601Plant No. 450 Hughson #948

Escalon Premier Brands, Inc. Escalon #601(Acquired by Heinz U.S.A.)

Pacific Coast ProducersPlant No. 6 Oroville #601Plant No. 9 Lodi #601Lodi (D.C.) Lodi #601Pallet Repair Lodi #601Woodland Plant Woodland #601

Seneca Foods, LLCModesto Fruit Operation Modesto #948

Stanislaus Food Products Company Modesto #948

Unilever Supply Chain, Inc.Stockton Plant Stockton #601

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INDEXSection Page Paragraph

ACCIDENT, INDUSTRIAL ILL-NESS,OR INJURY ON THE JOB…… V 14 B. 12ADJUSTMENT OF GRIEVANCES

Discharge Cases …………………… XIII 47 C., D.Grievance Procedure and Steps …… XIII 46, 47 B., D.Arbitration Board ………………… XIII 47 E. 1.No Work Stoppage Agreement …… XIII 45 A.Powers of Arbitration Board ……… XIII 47 E.Time Limit Agreement …………… XIII 47 D.

AGREEMENTAutomatic Extension ofAgreement ………………………… XX 53 C.

Compliance ………………………… XV 51Conflicting Agreements …………… XVI 52Merger, Lease or Purchase ………… XVIII 53Period of Negotiations……………… XX 53 A., B.Preamble …………………………… _ 1Prior Agreements ………………… I 1Procedure for Modification ………… XX 53Reopening of Agreement ………… XX 53 A.Term of Agreement ………………… XIX 53Transfer of Company Title orInterest …………………………… XVII 52

ASSIGNMENTSAnnual Assignment………………… VI 16 C. 2.Daily Assignment ………………… VI 16 C. 1.Retention of Annual Assignment …… VI 17, 18 C. 2.b.(1), (2)Shift Assignment…………………… IX 35 I.

APPENDIX A–WAGE RATES–JOB CLASSIFICATIONS

Beginner’s Rate …………………… 56 1. a.Cost of Living Provision …………… 54, 55 1., (1), (2)Classification of New Jobs andJobs Not Originally Classified …… 56 2.

Inflation Protection Adjustments … 55 1., (3)Wage Rates(Brackets IAA through V) ………… 54 1.

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INDEX (Continued)Section Page Paragraph

APPENDIX B–PREFACE TOFRINGE BENEFIT APPENDICES

Plans for 1400 Hour Employees …… 57 1.Eligibility for Non-1400 HourSeniority…………………………… 58 2.

Plans for 3-Year, Non-1400 HourSeniority Employees ……………… 59 3.

Plans for 2-Year Non-1400 HourSeniority Employees ……………… 60 4.

Plans for 1-Year Non-1400 HourSeniority Employees ……………… 60 5.

Plans for Non-SeniorityEmployees ………………………… 60 6.

Protection of Benefits — Non-1400 Hour Employees …………… 60 2. b.

APPENDIX C—WELFARE PLANS

Plan for 1400 Hour SeniorityEmployees ………………………… 67 2.

Plan for Employees with Three or More Years Non-1400 HourSeniority Before July 1, 2003 …… 73 4.

Plan for Retired 1400 HourEmployees ………………………… 70 3.

Life Insurance Plan ………………… 80 7.APPENDIX D—PENSION PLANS

Plan for Employees Who Achieved1400 Hour Status ………………… 83 2.

Plan for Non-1400 HourEmployees ………………………… 85 3.

APPENDIX E—JURY DUTY ……… 86APPENDIX F—SICK LEAVE PLAN ………………… 87

APPENDIX H—DEATH IN FAMILY BENEFIT …… 93

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APPENDIX I—ON-THE-JOBTRAINING PROGRAM …………… 94APPENDIX C—MEDICAL EXAMINATION PLAN… 79 6.APPENDIX K—SABBATICAL LEAVE PLAN ……… 96APPENDIX L—SEVERANCE PAY ………………… 101ARBITRATION

Annual Assignment………………… VI 17 C. 2. b.Call-In (Weather Changes) ………… V 8 B. 1. d. (3)Compliance ………………………… XV 51Discharge Cases …………………… XIII 47 C.Grievance Procedures ……………… XIII 46 B.Arbitration Board ………………… VII 47 E. 1.House Rules ……………………… XII 42 B.Incentive Plan Protests …………… VI 15 B. 2.Incentive Rate Protests …………… VI 16 B. 3. b.Job Applications …………………… IX 30 H. 1. b.Job Assignments …………………… IX 28 G. 3.Medical Examination Plan ………… Appendix C 80 g.No Strike—No Lockout …………… XIII 45 A.Powers of Arbitration Board ……… XIII 47 E.Shift Assignments—Multiple ShiftOperations ………………………… IX 35 I. 3.

Sick Leave Plan …………………… Appendix F 91 9.Subcontracted Work ……………… III 4 C. 2.Time Limit Agreement …………… XIII 47 D.Welfare Plan ……………………… Appendix C 69 2. b. (9)Work-Call Notices ………………… XII 43 C.

BARGAINING AGENTS …………… II 2 A.BEGINNER’S RATE………………… Appendix A 56 1. a.BRACKET RATES ………………… Appendix A 54 1.BULLETIN BOARD

House Rules ……………………… XII 42 B.Job Vacancies (1400 HourSeniority) ………………………… IX 31 H. 2. b. (1)

Job Vacancies (AvailableSeasonally)………………………… IX 28 H. 1.

On-the-Job Training Program ……… Appendix I 94 1.

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Union Bulletin Boards……………… XI 42 C.Work-Call Notices………………… XII 43 C.

CALL-IN, CALL-BACK TIMEEmergency Work ………………… V 7, 8 B. 1. b., e.Exemptions from Call-In Time …… V 8 B. 1. d.Exemptions from 7-HourGuarantee (Non-1400 HourSeniority Employees) …………… V 9 B. 3. d.

Exemption from 8-HourGuarantee (1400 HourSeniority Employees) …………… V 8 B. 2. b.

Incentive Workers ………………… V 7, 9 B. 1. c., 3. b.Interval Between Shifts …………… V 13 B. 7. b.Minimum Pay—Call-In …………… V 7 B. 1. a., b.Minimum Pay—1400 HourSeniority 8-Hour Guarantee ……… V 8 B. 2. a.

Minimum Pay—Non-1400 HourSeniority (7-Hour Guarantee) …… V 9 B. 3. a., b., c.

Minimum Pay—Emergency Work … V 7, 8 B. 1. b., e.COMPLIANCE

Violation of Agreement …………… XV 51COMPULSORY OVERTIME &OVERTIME NOTIFICATION ……… V 14 B. 11. a., b.CONFLICTING AGREEMENTS

Limitation on SeparateAgreements ……………………… XVI 52

CONFORMANCE WITH STATEAND FEDERAL LAWS …………… XIV 51CONDUCT OF UNION BUSINESS

Authority of Union Stewards ……… XI 41 B.Plant Visits ………………………… XI 41 A.Union Bulletin Boards……………… XI 42 C.

CONTRACTUAL SENIORITY(Reference Only)

See Index Section Titled“Seniority,” ……………………… 114

COST OF LIVING PROVISION …… Appendix A 54, 55 1. (1), (2)DAILY ASSIGNMENT……………… VI 16 C. 1.

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DAILY TIME AND OVERTIMEDaily Assignment ………………… VI 16 C. 1.Work Week ………………………… V 6 A. 1.

DEATH IN FAMILY………………… Appendix H 93DEMOTION OR DISCHARGE

Demotion or Discharge for Lackof Qualifications ………………… IX 38 K.

Grievance Procedure—Discharge … XIII 47 C., D.Loss of Seniority …………………… IX 36 J.Vacation and Holiday Pay—Discharge ………………………… VIII 25 C. 9.

DENTAL PLANS …………………… Appendix C 67, 73 2., 4.DRUG PLANS

Plan for 1400 Hour SeniorityEmployees ………………………… Appendix C 67 2.

Plan for Employees with 3 or More Years Non-1400 Hour Seniority Before July 1, 2003 …… Appendix C 73 4.

DUES DEDUCTIONS ……………… IV 5 B., C.EIGHT-HOUR GUARANTEE FOR1400 HOUR EMPLOYEES ………… V 8 B. 2. a., b.EMPLOYMENT CONDITIONS

Maintenance of UnionMembership ……………………… IV 5 A.

Separate Account for Union Duesand Initiation Fees ………………… IV 5 C.

Voluntary dues and Initiation FeesCheck-Off ………………………… IV 5 B.

EMPLOYMENT PRACTICESEqual Employment ………………… II 2 B.Hiring Practices …………………… X 40Non-Discrimination andAffirmative Action………………… II 2 B., C.

EXTENDED VACATION PLAN(Sabbatical Leave) ………………… Appendix K 100 6.

EYE GLASSES (BREAKAGE) …… XII 44 F.FIRST AID TREATMENT ………… XII 44 E.FRINGE BENEFITS

Dental Plans ……………………… Appendix C 67, 73 2., 4.Drug Plans ………………………… Appendix C 67, 73 2., 4.Funeral Leave ……………………… Appendix H 93

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Holidays …………………………… VII 21Jury Duty…………………………… Appendix E 86Life Insurance Plan ………………… Appendix C 80 7.Medical Examination Plan ………… Appendix C 79 6.Merger, Lease or Purchase ………… XVIII 53Pension Plans ……………………… Appendix D 83Preface to Fringe BenefitAppendices ……………………… Appendix B 57

Sabbatical Leave Plan ……………… Appendix K 96Sick Leave Plan …………………… Appendix F 87Transfer of Company Title orInterest …………………………… XVII 52

Uniform Eligibility ………………… Appendix B 57-60 1. - 6.Vacations…………………………… VIII 23Vision Plan ………………………… Appendix C 67 2.Welfare Plans ……………………… Appendix C 61

FUNERAL LEAVEDeath in Family Benefit …………… Appendix H 93

GENERAL CONDITIONSAccident, Industrial Illness, or Injury on the Job ………………… V 14 B. 12

Call-In, Call-Back Time …………… V 7 B. 1.Compulsory Overtime andOvertime Notification …………… V 14 B. 11.

Eight-Hour Work Guarantee for1400 Hour Seniority ……………… V 8 B. 2.

Interval Between Shifts …………… V 12 B. 7.Meal Time ………………………… V 11 B. 6.Pyramiding ………………………… V 15 B. 14.Record Keeping …………………… V 13 B. 10.Relief Periods ……………………… V 10 B. 5.Seven-Hour Work Guarantee forNon-1400 Hour Seniority ………… V 9 B. 3.

Shift Scheduling …………………… V 8, 9 B. 2., 3.Treatments by a Doctor …………… V 15 B. 13. a., b.Uniform Eligibility for All FringeBenefits …………………………… Appendix B 57- 60 1. - 6.

Work Day ………………………… V 13 B. 8.Work Recesses …………………… V 10 B. 4.Working Hours …………………… V 13 B. 9.

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GRIEVANCE PROCEDUREAnnual Assignment………………… VI 17 C. 2. b.Call-In, Call-Back Time …………… V 8 B. 1. d. (3)Compliance ………………………… XV 51Discharge Cases …………………… XIII 47 C., D.Grievance Procedures & Steps …… XIII 46, 47 B., D.House Rules ……………………… XII 42 B.Incentive Plan Protests …………… VI 15 B. 2.Incentive Rate Protests …………… VI 16 B. 3. b.Job Applications …………………… IX 30 H. 1. b.Job Assignment …………………… IX 28 G. 3.Medical Examination Plan ………… Appendix C 80 6.g.New Work ………………………… Addendum 119No Strike—No Lockout …………… XIII 45 A.Powers of Arbitration Board ……… XIII 47 E.Retroactivity on Grievances ……… XIII 49 E. 7Shift Assignments—Multiple ShiftOperations ………………………… IX 35 I. 3.

Sick Leave Plan …………………… Appendix F 87Subcontracted Work ……………… III 4 C. 2.Time Limit Agreement …………… XIII 47 D.Welfare Plan ……………………… Appendix C 69 2. b. (9)Work-Call Notices ………………… XII 43 C.

HIRING PRACTICESDefinition of Available andQualified Employees ……………… X 40 D.

Hiring from Other Sources ………… X 40 C.Hiring Practices …………………… X 40Order of Seniority ………………… IX 27 B.Rehiring of Cannery WorkersWithout Seniority ………………… X 40 B.

Rehiring of UnemployedEmployees With Seniority………… X 40 A.

Retention of Seniority UponRehire……………………………… IX 39 M. 6.

HOUSE RULES……………………… XII 42 B.HOLIDAYS

Annual Assignment………………… VI 16 C. 2. a.Calculation of Holiday Pay ………… VII 22 D. Eligibility for Holiday Benefits …… VII 21 B.Eligibility Requirements—General… VII 21 C.

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Holidays Recognized ……………… VII 21 A.Other General Holiday Provisions … VII 22 E.

INCENTIVE WORKERSCall-In Time ……………………… V 7, 9 B. 1. c., 3. b.Rates ……………………………… VI 15, 16 B. 1., 2., 3.Rotation of Workers ……………… XII 42 A.Rules Governing Rates …………… VI 16 B. 3. a., b.

INITIATION FEE …………………… IV 5 B., C.INJURY ON THE JOB

Annual Assignment………………… VI 16, 17 C. 2. a., b.Inability to Return to Work (Pay). … V 14 B. 12Industrial Accident Reports(Reference Only) See First AidTreatment ………………………… XII 44 E.

Protection of Vacation……………… VIII 26 D.Retention of Seniority ……………… IX 38 M. 1. b.Sick Leave Plan Payments ………… Appendix F 87Sick Leave Waiting Period ………… Appendix F 87 2.Treatments by a Doctor …………… V 15 B. 13. a.Welfare Payments ………………… Appendix C 69 2. b. (7)

INTERVAL BETWEEN SHIFTS …… V 12 B. 7.JOB CLASSIFICATIONS

Job Classification and WageRates ……………………………… Appendix A 54 1.

Classification on New Jobs andJobs Not Originally Classified …… Appendix A 56 2.

JURY DUTY ………………………… Appendix E 86JOB POSTING

Jobs Available Seasonally ………… IX 28 H. 1.On-the-Job Training Openings …… Appendix I 94 1.Vacated Jobs by 1400 HourEmployees ………………………… IX 31 H. 2. b. (1)

JURISDICTIONJurisdiction Guaranteed …………… III 3 B.

LAYOFFSExtended Coverage Rules ………… Appendix C 75 4. c.Failure to Report After Recall……… IX 36 J. 3.Holidays …………………………… VII 21, 23 C. 2., E. 5.Observance of Seniority …………… IX 28 G. 1.Protection of Vacation……………… VIII 26 D.Seasonal Activities ………………… IX 28 G. 3.

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Three or More Years Non-1400Hour Seniority Welfare Plan ……… Appendix C 75-77 4. c. (1), (4), (7)

Sick Leave ………………………… Appendix F 87 3.Time and Place of Compensation … VI 20 C. 5.Vacation Pay ……………………… VIII 25 C. 9.

LEAVES OF ABSENCEFailure to Return to Work ………… IX 37 J. 6.Job Posting ………………………… IX 33 H. 2. b. (7)Retention of Seniority ……………… IX 38 M.Welfare Payments ………………… Appendix C 68 2. b. (4), (5), (6)Vacation Eligibility ………………… VIII 24 C. 1.

LIFE INSURANCE PLAN ………… Appendix C 80 7.MEAL TIME ………………………… V 11 B. 6.MEDICAL EXAMINATIONPLAN ………………………………… Appendix C 79 6.MERGER, LEASE ORPURCHASE ………………………… XVIII 53NEW WORK ………………………… Addendum 119NIGHT WORK PREMIUM ………… VI 19 C. 4.NON-DISCRIMINATION…………… II 2 B., C.ON-THE-JOB TRAININGPROGRAM ………………………… Appendix I 94OVERTIME

Call-In Pay for Emergency Work … V 8 B. 1. e.Compulsory Overtime……………… V 14 B. 11. a.Meal Time ………………………… V 11 B. 6.Night Work Premium ……………… VI 19 C. 4.Overtime Notification …………… V 14 B. 11. b.

Work WeekMonday thru Friday ……………… V 6 A. 1.Saturday …………………………… V 6 A. 2., 3.Sunday …………………………… V 6 A. 2.

Working Hours between2:00 A.M. and 6:00 A.M. ………… V 13 B. 9.

PAY DAY—TIME AND PLACEOF COMPENSATION ……………… VI 20 C. 5.PENSION PLANS

Plan for Employees who Achieved1400 Hour Status ………………… Appendix D 83 2.

Plan for Non-1400 HourEmployees ………………………… Appendix D 85 3.

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PERSONAL PREMIUMS …………… VI 18 C. 3.PLANT OPERATIONS

First Aid Treatment ………………… XII 44 E.House Rules ……………………… XII 42 B.Plant Closures ……………………… XII 45 H.Prescription Eye Glasses …………… XII 44 F.Rotation of Workers ……………… XII 42 A.Safety Program …………………… XII 44 G.Tools ……………………………… XII 43 D.Work Call Notices ………………… XII 43 C.

PLANT VISITS BY LOCALUNION REPRESENTATIVES ……… XI 41 A.PLANTS COVERED BYAGREEMENT ……………………… 102PREAMBLE ………………………… 1PRESCRIPTION EYE GLASSES…… XII 45 F.PRIOR AGREEMENTS …………… I 1PROCEDURES FORMODIFICATION

Automatic Extension ofAgreement ………………………… XX 53 C.

Period of Negotiations……………… XX 53 A.Reopening of Agreement ………… XX 53 A.

RECOGNITION……………………… II 2 A.RECORD KEEPING

Annual Assignment………………… VI 16 C. 2. a.Hours Worked ……………………… V 13 B. 10.Industrial Injury …………………… XII 44 E.Leaves of Absence ………………… IX 39 M. 5.Seniority Lists ……………………… IX 27 B., C.Sick Leave ………………………… Appendix F 87Union dues and Initiation Fees …… IV 5 C.Vacation …………………………… VIII 24 B.

RECALLINGFailure to Report …………………… IX 36 J. 3.

REHIRINGHiring Practices …………………… X 40Loss of Seniority …………………… IX 38 L.Seniority …………………………… IX 28 G. 1.Vacations…………………………… VIII 24 C. 2.

RELIEF PERIODS…………………… V 10 B. 5.

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RETIRED EMPLOYEESPro-rata Vacation ………………… VIII 25 C. 5.Welfare Plan ……………………… Appendix C 70-73 3.

ROTATION OF WORKERSIncentive and Non-Incentive ……… XII 42 A.

SABBATICAL LEAVE PLANExtended Vacation Plan …………… Appendix K 100 6.Sabbatical Leave Plan ……………… Appendix K 96Sick Leave ………………………… Appendix F 89-91 5., 8.

SAFETY PROGRAM ……………… XII 44 G.SALARIED SUPERVISORS ……… III 4 E.SATURDAYS—WORKINGHOURS

Work Week ………………………… V 6 A. 2., 3.SENIORITY

Contractual ………………………… IX 26Day or Shift Assignment…………… IX 35 I.Demotion or Discharge for Lackof Qualifications ………………… IX 38 K.

Effective Date of Seniority ………… IX 27 D.Eight-Hour Guarantee ……………… V 8 B. 2. a.Failure to Report to Work ………… IX 36 J. 3.Hiring Practices …………………… X 40Job Posting (1400 Hour Seniority) … IX 31 H. 2. b.(1)Job Posting (Available Seasonally)… IX 28 H. 1.Loss of Seniority …………………… IX 36 J.Master Listing ……………………… IX 29 H. 1. a.Order of Seniority ………………… IX 27 B.Pension Plans ……………………… Appendix D 83Preference in Recalling, Layoffsand in Filling Jobs ………………… IX 28 G. 1.

Protection of Seniority …………… IX 39 N.Recalling (Loss of Seniority) ……… IX 36 J.Rehiring Related to HiringPractices…………………………… IX 39 M. 6.

Retention of Seniority ……………… IX 38 M.Review of Approval Procedure …… IX 27 C.Salaried Supervisors Returning tothe Bargaining Unit ……………… III 4 E.

Seniority List ……………………… IX 26, 27 A., C., E.

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Seniority List (New Plants)………… IX 27 F.Seven-Hour Work Guarantee—(Non-1400 Hour Seniority) ……… V 9 B. 3.

Sick Leave ………………………… Appendix F 87Uniform Eligibility for FringeBenefits …………………………… Appendix B 57-60 1. - 6.

Vacations…………………………… VIII 25 C. 6., 8.SEVEN-HOUR GUARANTEE

(Non-1400 Hour Employees) ……… V 9 B. 3.SEVERANCE PAY ………………… Appendix L 101SHIFT ASSIGNMENT ……………… IX 35 I.SHIFT SCHEDULING ……………… V 8, 9 B. 2., 3.SICK LEAVE PLAN

Sick Leave Plan …………………… Appendix F 87Uniform Eligibility for FringeBenefits …………………………… Appendix B 57, 58 1., 2.

SINGLE COMPANY DEFINED …… III 4 D.SPECIAL ADDENDUM TO THECOLLECTIVE BARGAININGAGREEMENT ……………………… Addendum 119

Applicable Wage Rate……………… Addendum 119Definition of New Work …………… Addendum 119Products …………………………… Addendum 120Special Conditions ………………… Addendum 120

STRAIGHT-TIME RATESPER HOUR

Bracket Rate Schedule …………… Appendix A 54 1.Reference…………………………… VI 15 A.Work Week ………………………… V 6 A. 1., 2., 3.

SUBCONTRACTED WORK ……… III 3 C.SUNDAYS—WORKING HOURS

Work Week ………………………… V 6 A. 2.TERM OF AGREEMENT …………… XIX 53TIME AND PLACE OFCOMPENSATION…………………… VI 20 C. 5.TIME CARDS ……………………… V 13, 14 B. 10. b., c.TOOLS OWNED BYEMPLOYEES ……………………… XII 43 D.TRANSFER OF COMPANYTITLE OR INTEREST ……………… XVII 52

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UNEMPLOYMENT INSURANCEAND WORKERS’COMPENSATION…………………… Appendix F 89, 90 5., 6., 7.UNIFORM ELIGIBILITY FORALL FRINGE BENEFITS …………… Appendix B 57-60 1. - 6.UNION BULLETIN BOARDS ……… XI 42 C.UNION BUSINESS ………………… XI 41UNION LOCALS COVEREDBY AGREEMENT…………………… 102UNION MEMBERSHIP

Dues and Initiation Fees …………… IV 5 B., C.Employment Conditions …………… IV 5 A.Hiring Practices …………………… X 40 C.

UNION STEWARDS ……………… XI 41 B.VACATIONS

Eligibility for Vacation Benefits …… VIII 24 B.General Vacation Provisions ……… VIII 24 C.Holiday Pay………………………… VII 22 E. 3.Leaves of Absence ………………… IX 38 M. 4.Pro-rata Vacation(1400 Hour Retirees) ……………… VIII 25 C. 5.

1400 Hour Employees—(Lack of Work) …………………… VIII 26 D.

Protection of Vacation……………… VIII 26 D.Qualifying Period for Vacations …… VIII 23 A.Sick Leave ………………………… Appendix F 89, 91 5., 8.

VISION PLAN ……………………… Appendix C 67 2.WAGES

Annual Assignment………………… VI 16 C. 2. a.Beginner’s Rate …………………… Appendix A 56 1. a.Bracket Rates (IAA through V) …… Appendix A 54 1.Cost of Living Provision …………… Appendix A 54, 55 1. (1), (2)Daily Assignment ………………… VI 16 C. 1.Grievance and Sick Leave PayAdjustments ……………………… VI 20 C. 5.

Holiday Pay………………………… VII 22 D. 3., 4.Incentive Wage Rates ……………… VI 15 B, 1., 2.Incentive Rules—Posting Rates …… VI 16 B. 3. a.Incentive Rules—Protests ………… VI 16 B. 3. b.Inflation Protection Adjustments … Appendix A 55 1. (3) Job Classifications ………………… Appendix A 56 2.

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New Work ………………………… Addendum 119Night Work Premiums …………… VI 19 C. 4.On-the-Job Training Program ……… Appendix I 95 2.Personal Premiums ………………… VI 18 C. 3.Pyramiding ………………………… V 15 B. 14Retention of Annual Assignment … VI 18 C. 2. b. (2)Rules Governing AnnualAssignment ……………………… VI 16 C. 2. a.

Rules Governing AnnualAssignment Disputes ……………… VI 17 C. 2. b.

Straight Time Wage Rates—Reference to Appendix A ………… VI 15 A.

Time and Place of Compensation … VI 20 C. 5.WELFARE PLANS

For 1400 Hour SeniorityEmployees ………………………… Appendix C 67 2.

For Employees with 3 or MoreYears’ Non-1400 HourSeniority Before July 1, 2003 …… Appendix C 73 4.

For Retired 1400 HourEmployees ………………………… Appendix C 70 3.

Preface to Fringe BenefitAppendices ……………………… Appendix B 57

Uniform Eligibility for All FringeBenefits …………………………… Appendix B 57

WORK CALL NOTICES …………… XII 43 C.WORK COVERED

Jurisdiction Guaranteed …………… III 3 B.Location of Work ………………… III 2 A.Master Receiving StationAgreement ………………………… III 2 A. 2.

Settlement of Disputes InvolvingSubcontracted Work ……………… III 4 C. 2.

Single Company Defined ………… III 4 D.Subcontracted Work Defined ……… III 3 C. 1.

WORK DAY ………………………… V 13 B. 8.WORK RECESSES ………………… V 10 B. 4.WORK RETURN—DOCTOR’S VISIT…………………… V 15 B. 13. b.WORK WEEK

Daily Straight-Time Overtime …… V 6 A. 1.

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Saturdays …………………………… V 6 A. 3.Sundays …………………………… V 6 A. 2.

WORKING HOURSAccident, Industrial Illness, orInjury on the Job ………………… V 14 B. 12.

Call-In, Call-Back Time …………… V 7 B. 1.Compulsory Overtime……………… V 14 B. 11. a.Eight-Hour Guarantee for1400 Hour Employees …………… V 8 B. 2.

Interval Between Shifts …………… V 12 B. 7.Meal Time ………………………… V 11 B. 6.On-the-Job Training Program ……… Appendix I 96 3.Overtime Notification ……………… V 14 B. 11. b.Pyramiding ………………………… V 15 B. 14.Record Keeping …………………… V 13 B. 10.Relief Periods ……………………… V 10 B. 5.Seven-Hour Guarantee for Non-1400 Hour SeniorityEmployees ………………………… V 9 B. 3.

Shift Scheduling …………………… V 8, 9 B. 2., 3.Work Day Defined ………………… V 13 B. 8.Work Recesses …………………… V 10 B. 4.Work Return After Doctor’s Visit … V 15 B. 13. b.Work Week ………………………… V 6, 7 A. 1., 2., 3., 4.Working Hours Between2:00 A.M.-6:00 A.M.……………… V 13 B. 9.

Uniform Eligibility for AllFringe Benefits …………………… Appendix B 57

WORKERS’ COMPENSATIONAND S.D.I. ………………………… Appendix F 89, 90 5., 6., 7.

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SPECIAL ADDENDUM TO THECOLLECTIVE BARGAINING AGREEMENT

PREAMBLEThe parties to the Collective Bargaining Agreement have a

mutual interest in encouraging employers to bring additionalwork to existing or new facilities through the introduction ofproducts not currently manufactured, processed or packaged atsuch facilities. In this regard, the parties have entered into anexperimental agreement as an addendum to the CollectiveBargaining Agreement. The term of this experimental agreementshall be consistent with that of the Collective BargainingAgreement. The purpose of the agreement is to:

1. Stimulate new capital investment in plant expansion,new equipment and new products.

2. Encourage bringing work from outside the jurisdictionof the Northern California Cannery industry into plantscovered by the Collective Bargaining Agreement.

3. Encourage the creation of jobs in the plants of compa-nies covered under the Collective BargainingAgreement.

4. Encourage the stabilization of the industry by broaden-ing its base of work activity to establish new product.

In view of the fact that this addendum establishes an entirelynew concept for the industry, it is agreed and understood that it isan experimental agreement under which both parties will operatein good faith, directed toward achieving the established objectives.

Definition of New WorkFor the purpose of this agreement, new work shall be defined

as Bracket IV and V work as described below which is per-formed on any products new to the plant which have not beenmanufactured or processed at the plant or at any of the facilitiescovered under the Collective Bargaining Agreement by anymember company of the employer during the three (3) year peri-od prior to July 1, 1982. A product will be considered “newwork” for a period of twelve (12) months from the commence-ment of the new product operation.

Applicable Wage RateWage rates for work performed on new work as described

above will be $9.22/hour for Bracket V and $9.84/hour for

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Bracket IV. Such rates will be applicable to all Bracket IV and Vwork in the processing, canning, packaging and related work,but shall not be applicable to warehousing, shipping and relatedBracket IV and V work or to any work on such products otherthan that in Bracket IV or V which shall be paid for at applicablecontract rates. The wage rates for Bracket IV and V as providedherein for new work shall be adjusted by the same cent per hourincreases as are made applicable to Bracket IV and V contractrates effective July 1, 2010 and July 1, 2011.

Special ConditionsIt is agreed that employees will have the right annually to bid

on transfers to such work under procedures established by thecommittee provided for in the following paragraph. It is furtheragreed that guaranteed annual assignment rates will not beapplicable to such new work assignments, but hours worked atsuch rates will be counted for purposes of maintaining guaran-teed annual assignments as provided under procedures estab-lished by said committee.

A committee of six (6) (three (3) appointed by the Union andthree (3) appointed by the Employer) shall be formed to developprocedures and to assist the parties in the implementation of theprovisions of this special addendum. A representative of thecompany introducing the new product and a representative ofany effected union shall also participate in any discussionsinvolving such product. The company introducing a new productshall notify the Union, the Employer and the effected Union atleast ninety (90) days in advance of the commencement of pro-cessing such product and provide particulars regarding the prod-uct, the length of the processing season and other such relevantinformation. By mutual agreement between the parties, the peri-od of notification may be less than ninety (90) days. The com-mittee shall meet promptly thereafter to discuss implementationof the processing of the new product. Issues which cannot beresolved by the committee shall be reduced to writing and sub-mitted for settlement under the arbitration provisions of theCollective Bargaining Agreement. The committee shall beestablished effective July 1, 1982 and the application of the spe-cial rates provided hereunder shall become effective January 1,1983.

DefinitionsCurrent Products — Current Products are those that have

been processed at any time, in any plant covered by the collec-

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tive bargaining contract since July 1, 1979. This definition isapplicable to new methods used to process a current product, toany new ingredient added or substituted for a current ingredientin a current product, to any new product (as defined below)added to or mixed with a current product, to any mixture of cur-rent products and to any change made in the form, shape or colorof a current product.

New Products — New Products are products such as, butnot limited to, raspberries, rice, health foods in dry form thathave not been processed at any time in any plant covered by thecollective bargaining contract since July 1, 1979.

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Documents

COLLECTIVE BARGAINING AGREEMENT · COLLECTIVE BARGAINING AGREEMENT Between California Processors, Inc. and Teamsters California State Council of Cannery and Food Processing Unions,