EXHIBIT 10.67
AGREEMENT
between
PENNSYLVANIA NATIONAL TURF CLUB, INC.
and
MOUNTAINVIEW RACING ASSOCIATION
and
SPORTS ARENA EMPLOYEES' UNION LOCAL NO. 137
October 3, 1996
to
October 3, 1999
THIS AGREEMENT made this 3rd day of October, 1996 by and between
PENNSYLVANIA NATIONAL TURF CLUB, INC., and MOUNTAINVIEW RACING ASSOCIATION,
hereinafter referred to as the "Employer" and SPORTS ARENA EMPLOYEES' UNION
LOCAL NO. 137, affiliated with the Laborers' International Union of North
America, AFL-CIO, hereinafter referred to as the "Union",
WITNESSETH:
WHEREAS, it is the intent and purpose of the parties hereto to improve
efficiency and promote continued harmony between the Employer and its employees,
to establish a basic understanding concerning hours of work, rates of pay, and
conditions of employment for said employees, and to establish a peaceful and
cooperative method for settling disputes which may arise concerning the
application of their understanding.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and intending to be legally bound, the parties do hereby agree as follows:
ARTICLE I
Union Recognition
1. The Employer recognizes the Union as the sole and exclusive bargaining
agent for all of the Mutuel Department, TeleBet Department and Admissions
Department employees at the Employer's racetrack in Grantville, Pennsylvania,
excluding the following:
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TeleBet Department - TeleBet Supervisors and Assistant Supervisors.
Mutual Department - Director of Mutuels, Assistant Director, Mutuel
Department Auditor and Head Cashier.
Admissions Department - Director of Admission, Assistant Director,
Auditor-Cashier, Department Secretary, and Turf Club Attendant.
2. In the event the Employer operates establishments for the purposes of
betting off the premises of its racetrack in Grantville, Pennsylvania, the Union
shall be recognized as the collective bargaining agent for the employees
employed in the same classifications as in this Agreement. Upon such
recognition, the parties shall then negotiate the applicable wages and benefits.
In addition, the Employer agrees to give first consideration to any employee
with more than three (3) years seniority who wishes to transfer to an OTB
facility operated by the Employer.
ARTICLE II
Union Security
1. It shall be a condition of employment that all employees of the
Employer covered by this Agreement, who are members of the Union in good
standing and those who are not members of the Union as of the effective date of
this Agreement, shall within thirty-one (31) days from the date hereof become
and remain members in good standing in the Union. It shall also be a condition
of employment that all employees covered by this Agreement and hired on or after
its effective date shall on the thirty-first (31st) day following the beginning
of such employment become and remain members in good standing in the Union.
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2. Commencement of employment shall mean the first day on which an
employee begins working for the Employer, whether as a regular or an extra.
Employees who have been employed in a previous racing meeting with the Employer
shall not be considered new employees when returning to work in a subsequent
racing meeting, provided such employee has worked in the preceding racing
meeting of the Employer.
ARTICLE III
Check-Off
1. During each racing meet, the Employer shall deduct from the pay of the
employees represented by the Union any established Union dues or assessments
and/or payments to the Local 137 Credit Union and turn such over to the
authorized agent of the Union, by check, after first having received a copy of a
separate signed check-off authorization from executed by an employee from the
union as to dues or the Credit Union as the case may be.
2. The amount to be deducted shall be shown on a list to be furnished by
the Employer to the Secretary-Treasurer of the Union promptly after deducting
any Union dues, assessments and initiation fees deducted from the earnings of
the employees.
3. The check-off authorization shall be irrevocable for a period of one
(1) year of the termination date of the contract then in effect, whichever
occurs sooner. In the event the contract is automatically renewed, it shall be
for a further period of one (1) year or the termination date of the contract
then in effect, whichever occurs sooner, provided the employee shall have the
right to revoke the check-off authorization within fifteen (15) days of any
irrevocable period by giving written notice to the Employer and the Union within
such fifteen (15) day period. The form of the authorization shall be in
accordance with the existing state labor laws.
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4. The Union hereby agrees to indemnify and save the Employer harmless
against any and all suits or other forms of liability which shall arise upon or
by reason of action taken by the Employer for the purpose of complying with this
Article.
ARTICLE IV
Grievances
1. If a dispute shall arise between the Employer and the Union or between
the Employer and any employee with respect to the interpretation, application or
claim to violation of any of the terms of this Agreement, an earnest effort
shall be made to settle such difference immediately in the following manner.
STEP 1. Any employee having a grievance shall present it, in the first
instance, in writing within five (5) calendar days of its occurrence to his
steward, who shall refer the grievance to the Business Manager of the Union and
Employer within the next following two days. Grievances may be initiated by the
Union, if it so desires. The Business Manager shall take up the grievance with
the Department Manager.
STEP 2. If a satisfactory settlement cannot be reached in Step 1 above,
within two days after it first comes to the attention of the Department Manager,
who shall submit a written report to the Business Manger within the same two-day
period, the Business Manager shall take up the unsettled grievance with the
designated representative of management who has final authority to dispose of
grievances and who shall, within five (5) days after presentation to him of the
grievance, submit an answer to the Union's representative. In the event that the
designated representative of management fails to give his answer within the
aforesaid five (5) day period or if the Union is not satisfied with the answer
that is given, the Union shall have the right to submit said grievance to
arbitration in accordance with the procedure set forth herein.
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2. The Union may, after expiration of the five (5) day period or after the
receipt of the Employer's answer, whichever is later, but not later than five
(5) days thereafter, give the Employer notice of its desire to have the
grievance submitted to impartial arbitration. The Union and the Employer shall
attempt to agree upon the appointment of an impartial arbitrator. If the parties
are unable to agree within five (5) days after the notification from the Union
or Employer of its desire to arbitrate, the parties shall request that the
American Arbitration Association submit to each of them a list of arbitrators
from its panel of impartial arbitrators.
3. The decision of the arbitrator shall be final and binding on all
parties and he shall have no authority to add to, detract from, or in any way
alter the terms of this Agreement, or change their terms or conditions of this
contract or the wage rates therein established, or to decide issues not subject
to arbitration under the terms of this Agreement or disputes which have not
arisen during the life of this contract, of matters not presented by the Union
as a party; nor shall any dispute concerning contracting out of work be subject
to arbitration. This arbitration article shall not deprive the Employer or the
Union of any remedy or action by either of them for violation of Article XII of
this Agreement by appropriate action in a court of law. In the event such action
is instituted, the arbitrator shall have no jurisdiction. The expenses incident
to the services of any arbitrator shall be paid equally by the Employer and the
Union.
4. A decision reached at any stage of the proceedings above shall be
binding upon both parties hereto and shall not be subject to reopening by either
party except by mutual agreement.
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ARTICLE V
Seniority
1. The Employer and the Union accept the principle of seniority. The
seniority referred to in this Agreement is departmental seniority except where
otherwise stated and employees shall accrue seniority only in the department in
which they are employed. Seniority shall be defined as an employee's length of
continuous service from the year of hire with the Employer in the Mutuel
Department or Admissions Department. Continuous service shall be calculated from
the date of the first employment with the Employer, or re-employment following a
break in continuous service, without deduction of any time lost which does not
constitute a break in continuous service. Effective with this Agreement, no more
than 90% of the total racing days may be accrued for seniority purposes in any
year. Seniority shall govern layoffs, recalls and promotions when, in the
opinion of the Employer, the employee is qualified to perform the job. For
purposes of seniority only, all racing associations conducting racing meetings
at the Grantville, Pennsylvania track, shall be treated as a single employer.
2. Two seniority lists shall be maintained for each department, one for
all Regular employees, and a separate one for all part-time and Extra employees.
Employees who have not worked at least 75% of the maximum days (90%) that may be
accrued for seniority in the previous calendar year shall be listed on the
part-time or extra employees' seniority list for the next calendar year,
provided, however, that any regular employee who is absent more than 25% of said
days due to bona fide illness or accident which makes him unavailable for work
or who has been granted an official leave of absence by the Employer in
accordance with this Agreement shall retain the years and days of seniority
service credits that he had accrued prior to his leave.
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Employees losing their status as regular employees shall be placed on the
extra and part-time employees' seniority list, provided they have worked for
each employer at least 15% of the days raced in the last previous calendar year
unless such absence is due to illness, accident, official leave of absence or
other good cause. Such employee shall, if he is assigned to regular employment
and works in such regular assignment for at least 75% of the maximum days (90%)
that may be accrued for seniority in the calendar year following his loss of
regular employment seniority status, have his name placed on the bottom of the
regular employees' seniority list at the beginning of the calendar year
following the year in which said employee worked the aforesaid 75% or more.
Mutuel, TeleBet and Admissions employees who are on the regular or extra
seniority lists and who report and are available for work and are not assigned
because of lack of work, shall be given credit for such day or days only for the
purpose of retaining seniority.
3. In cases where employees have the same year of hire, the employee who
has worked the greatest number of days shall be placed higher on the list. In
cases where the year of hire and the number of days worked since the date of
hire are the same, employees shall be arranged in alphabetical order, based on
the first initial of their last name.
4. Seniority shall be lost for the following reasons:
a) Voluntary quit.
b) Discharge for just cause.
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c) Failure to report for work within three (3) days after being
notified by the Employer or the Union by telegram, or three (3) days after
tender of delivery of letter in the United States mail addressed to the
employee's last known address appearing on the Employer's records.
Written notice directed by either the Employer or the Union to the
employee's last address on either the Employer's or Union's records shall
constitute notice within the meaning of this provision.
d) Unexcused absence. An unexcused absence shall consist of any absence
without justifiable cause provided, however, that for purposes of Sunday premium
pay, eight (8) absences will be permitted on Saturday nights only in each
contract year.
e) Failure to work at least 15% of the days raced in the previous
calendar year unless such failure was due to an absence for good cause, or as a
result of an approved leave of absence of the Employer.
f) It shall be the sole responsibility of the employee to provide the
Employer with his current address.
5. The seniority lists shall be established from the information appearing
on the records of the Employer. The seniority lists shall be posted in each
department. Anyone having any question concerning his seniority standing shall
present his complaint to the Employer and the Union within thirty (30) days
after the list have been posted. Failure to object by anyone whose name appears
on the seniority list within the aforementioned period will preclude him from
raising any objection concerning his seniority standing.
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6. All assignments which are available at check-in time shall go to the
qualified employees who have filed request cards in order of seniority.
Assignments which become available after that time shall be given to the most
senior qualified employee not yet assigned. Request cards will be valid for six
months. Employees desiring these assignments will remain in the check-in area 15
minutes after check-in time. Any employee who is called twice for such an
assignment and is not available shall not then be eligible until new request
cards are filed. Request cards will be filed every six months starting with
October 3rd and every six months thereafter.
7. In the event of layoffs or demotions due to layoffs, the employees with
the least seniority shall be laid off or demoted first. In recalling after
layoffs, employees with the most seniority who are on layoff shall be first
recalled and shall be assigned by the Employer to jobs that are open, provided
they have the skill, ability and qualifications to perform the work.
8. No layoff of regular employees shall become effective until at least
one (1) calendar day has elapsed following notification to the Union of the
Employer's desire to make such layoff.
9. If, prior to the opening of any racing meetings, vacancies occur in
either the Mutuel or Admissions Department, notice of this vacancy will be
posted in either department; employees in the department with the vacancy shall
be given consideration for such vacancies if they are qualified to perform the
work and said vacancies shall be filled within ten (10) working days of posting.
Employees may be transferred from on department to another only with the consent
of the Employer and the Union. In the event of such a transfer, employees shall
not carry any seniority already accrued to the new department but shall be
considered as a new employee for the purposes of seniority.
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10. Any employee on any Extra List who works a simulcast shift shall
receive a one-half (1/2) day of seniority credit for such a shift but only for
the purpose of "attaining" regular status.
11. All money room counter/skimmer jobs shall be assigned by seniority.
12. Any employee who would not otherwise maintain their "Regular" or
"Extra" status due to a Pennsylvania Racing Commission Ruling, suspension or
disciplinary action shall retain their year of seniority on the appropriate
seniority list. Nothing in this paragraph is intended or shall interfere with or
reduce the rights which the Employer otherwise may have to terminate such
employee for just cause.
13. Any employee who begins a period of absence from work by reason of a
bona fide illness or accident, either work-related or non-work related,
subsequent to the date of this contract shall accrue seniority for up to the
first 180 days of the absence, after which time no additional seniority shall
accrue until the employee returns to work.
ARTICLE VI
Hiring and Promotion
1. Employees shall be recalled as needed for each meeting on the basis of
seniority as defined and established in Article V hereof. Any person on said
list, who has seniority as herein defined, may be rejected by the Employer only
for just cause, and such determination shall be subject to the grievance and
arbitration procedure herein set forth. In recalling or hiring prior to the
commencement of the racing meeting, the Employer shall give notice to the union
of any employee who has seniority as herein defined, but who is rejected and the
reasons for rejection.
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2. During the course of the racing meeting, if additional employees are
required, they shall be recalled or hired from the part-time or extra seniority
list described in Article V hereof. Employees on the part-time or extra
seniority list who have seniority standing with the Employer shall be called for
extra assignment in order of seniority. If the persons with seniority on the
part-time or extra list who are available for work have been exhausted, then the
Employer may hire additional employees form other sources, but shall give the
Union equal opportunity with such sources to provide suitable applicants, and
such additional employees shall be hired on the basis of their qualifications,
competence, ability and honesty. In the event that all employees on the regular
employees' seniority list have been recalled, any vacancy in a regular position,
which exists after the provisions of this Article have been followed, shall be
filled from the part-time or extra seniority list. If there are insufficient
regular assignments to give employment to those with regular employee seniority,
those regular employees not given a regular assignment shall be placed at the
top of the part-time or extra employees' seniority list and shall be called for
work in accordance therewith.
3. There shall be no discrimination against any person with respect to
referral for work or placement on the hiring lists because of Union membership
or lack of Union membership.
4. All employees shall have the right to be placed in the classification
they held during the last previous meeting when returning to work if such jobs
are available, and they shall remain in such jobs or positions until they lose
the same by the operation of the seniority provisions of this contract, or there
are not enough places to be filled in such jobs.
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5. The Employer shall have the right to hire, rehire, discharge for just
cause, lay off, transfer and promote all employees subject, however, to the
terms, procedures and provisions of this entire Agreement.
6. Whenever a vacancy occurs in any position in any department, it shall
be filled by the most senior qualified employee in that department, except that,
any employee who has bid for and been assigned to a money room position, shall
be ineligible to bid on any other position outside of the money room for a
period of two (2) years.
All temporary vacancies, vacancies to which permanent replacements have
not as yet been assigned and all temporary or additional posts, windows, or
assignments shall be offered to qualified regular employees according to
seniority before such positions are filled by extra employees. It is the
intention of the parties to offer all higher paying jobs, even if temporary, to
regular employees and to utilize extra employees in the lowest paying
classifications.
7. The Employer shall submit copies of the payroll of each department to
the Union on a weekly basis and copies of the auditor's report on overages and
shortages on a daily basis. In addition, the Employer shall continue to furnish
such other records which it has in the past furnished to the Union.
8. All regularly assigned employees shall, prior to their required
check-in time, provide notice for excused absence, unless the absence is a
justifiable emergency.
ARTICLE VII
Reporting Time and Scheduling
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A. Reporting Time
1. Reporting time for the Mutuel and Department shall not be less than
fifteen (15) minutes prior to the start of actual work. Reporting time for
TeleBet Department shall not be less than five (5) minutes prior to the start of
actual work. These 15 and 5 minute periods shall be considered part of the shift
for all purposes including pay. Management reserves the right to start shifts at
the times it deems necessary for proper staffing. The shift starting time for
Sunday in TeleBet shall not be more than one (1) hour and fifteen (15) minutes
before the first scheduled post.
It is agreed that during each racing meeting of the Employer, reporting
time for all Admissions Department employees shall not be more than two and
one-quarter (2-1/4) hours before the advertised post time.
2. Any employee reporting for work who begins to perform any duties of his
job shall be entitled to one shift's pay at straight-time rates, unless he
leaves work for a reason other than by the direction of the Employer. However,
in case of the cancellation of a racing program, employees who have not been
notified at least three (3) hours before their regular reporting time of such
cancellation shall, if they do report, receive no less than one-half (1/2) shift
pay for so reporting. Notification of the cancellation of the racing program
shall be made by the Employer by broadcasting such notice over radio stations to
be selected by mutual agreement of the parties. However, in the event that the
cancellation is caused by an Act of God, weather conditions or other causes
beyond the Employer's control and no notification is given to the employees in
accordance with the above provisions, those employees who have reported and have
begun their work shall be paid a minimum of one-half (1/2) shift's pay.
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3. If a racing program is cancelled at any time after five (5) minutes
prior to the midpoint of any shift length as described in Schedule "A", then
employees in the mutuel and TeleBet Departments and the money room who have
reported and worked shall receive their full shift pay. Admissions Department
employees shall receive a full day's pay after the first two races of a racing
program have been completed.
4. Those employees who have reported but have not begun their day's work
due to a cancellation without notification, shall be paid the sum of Seven
Dollars and Fifty Cents ($7.50) to compensate them for expenses. The sum of
Seven Dollars and Fifty Cents ($7.50) shall also be paid to employees who cannot
continue working, after having reported, because of personal illness or injury,
after the injury or illness has been verified or approved by the Employer's
medical department.
5. The five (5) most senior employees signing in shall be paid Seven
Dollars and Fifty Cents ($7.50) for that day unless they are assigned. For
example, if two of the four most senior employees do receive assignments, then
the remaining three employees shall be entitled to this pay for signing in.
B. Scheduling
1. a. All Mutuel Teller regulars with guaranteed regular assignments are
to report for all live events.
b. The Mutuel Manager or his designee shall post a blank
schedule/calendar no less than two weeks prior to the commencement of the four
(4) week scheduling period reflected on that calendar. The weeks shall commence
with any shifts on Monday and go through Sunday. Each of the shifts (i.e.
starting times) shall be reflected for each day on the scheduling calendar at
the time it is posted.
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c. Each employee shall, by the Wednesday prior to the commencement of
the term, select each of the specific days and shifts during any of the
twenty-eight days posted which they desire to work during that scheduling
period.
2. Assignments for specific shifts among employees signing-up shall be
awarded according to seniority among those requesting a specific shift, subject
to a required preference for live shifts noted above for mutuel tellers.
3. Employees shall be permitted to work up to eight (8) shifts in a
regular work week or as many shifts as do not require that the employer pay
overtime.
4. All other aspects of the scheduling and assignments shall remain as had
been the current practice, except Telebet Tellers shall be scheduled every two
weeks.
ARTICLE VIII
Management Rights
1. The Employer alone shall have the right to determine the number of
employees to be employed, work assignments subject to seniority and other
provisions of this Agreement, equipment to be used, methods of operations, lease
or subcontract its operations and, in general, the Employer shall have the sole
right to exercise all managerial functions not in conflict with the terms of
this Agreement.
2. The Employer shall have the right to discharge or discipline for just
cause or violation of any term of this Agreement.
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ARTICLE IX
Validity of Contract
The parties hereto agree that should any Article, part or paragraph of
this Agreement be declared by a federal or state court of competent and final
jurisdiction in the premises, to be unlawful, invalid, ineffective or
unenforceable, said Article, part or paragraph shall not affect the validity and
enforceability of any other Article, part or paragraph hereof and the remainder
of this Agreement shall continue in full force and effect. Moreover, anything
herein to the contrary notwithstanding, this entire contract is subject to the
provisions of the Pennsylvania State Racing Law, the provisions whereof take
precedence over and supplant any provision of this contract which may be in
conflict therewith.
ARTICLE X
Conduct of Union Business
1. Union Visitation. A Union representative shall be permitted entry for
Union business upon the Employer's premises where the Union's members are
employed. It is agreed that such Union representative will not interfere in any
way with the Employer's business and will give notice to the Employer of his
presence.
2. Union Bulletin Board. The Union shall have the privilege of installing
a bulletin board in the Employer's facilities at a suitable location, but use of
such bulletin board shall be restricted to the following purposes: notice of
recreational and social activities; notice of election and results; notice of
appointment of Union representatives; notice of meetings.
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Use of the bulletin board for any other purpose shall be subject to
approval by the Employer. Under no circumstances will the Union or its
representatives post any matter of a libelous, obscene, or scandalous character.
The Union shall assume full responsibility for the items there posted and all
such notices posted shall first be approved by the Union.
ARTICLE XI
No Strikes or Lockouts
1. During the term of this Agreement neither the Union nor any employees
shall authorize, cause, engage in, sanction or assist in any work stoppage,
strike, picketing, slowdown or curtailment of the Employer's business.
2. In addition to any other remedies available to the Employer any
employee or employees, either individually or collectively, who violate Section
1 above are subject to discharge by the Employer.
3. The Employer agrees that during the term of this Agreement, it shall
not cause, permit or engage in any lockout of its employees, provided, however,
that neither this provision nor any other provision of this Agreement shall be
interpreted as requiring the Employer to stay in continuous operation. The
Employer shall have the right at all times to reduce or close the number of
shifts, departments or jobs and any such action by the Employer shall not be
considered a lockout.
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ARTICLE XII
Wages
1. The wage schedule and job classifications applicable to the employees
covered by this Agreement is attached hereto and made a part hereof as Schedule
"A".
The wages paid under this contract are premised on a shift concept for
each department. Any extra time worked over the set shift hours shall be
compensated in increments of fifteen (15) minutes by paying an amount per hour
based upon the shift rate divided by the number of hours in the shift, one
minute into the next fifteen minutes is paid at 1/4 hour overtime. Any employee
who actually worked over forty (40) hours in a week shall receive premium pay of
one and one-half (1 1/2) times his/her hourly shift rate for all hours of work
(as opposed to pay) over forth (40).
2. It is the intent that every employee within the bargaining unit shall
be covered by the terms of this Agreement; any omissions or new non-supervisory
classifications shall be subject to the terms, procedures and provisions of this
Agreement.
3. In the event that the content of any job, classification or title
covered by this Agreement is changed either with respect to the duties performed
therein or the responsibilities thereof, the matter of appropriate conditions
and rates of pay therefor shall be negotiated with the Union and be subject to
the grievance procedure of Article IV if no agreement is reached by the parties.
4. Any dealer who is required to sell or cash tickets during any portion
of a dealer's shift shall be compensated by an additional $3.00 per day.
5. Assistant head cashier shifts shall be eight (8) hours. Assistant head
cashier shall receive an additional $8.00 per shift if he/she performs the
duties of the first floor dealer.
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6. The extra duty of Stationary Room shall be paid an additional $15.00
per shift.
7. Counters shall receive appropriate extra duty pay in fifteen (15)
minute increments based on a prorated daily shift rate when required to stay on
a window past a five (5) hour shift.
8. SSTman extra duty shall be paid in the appropriate fifteen (15) minute
increments based on a prorated daily shift rate of five (5) hours.
9. The Employer shall cease late sales as of November 1, 1996 and shall if
resurrected pay any additional time at the appropriate pay rate in fifteen (15)
minute increments;
10. Black light job shall be bid out separately and shall not be in a
rotation with any other jobs in the department;
11. Non-racing events shall be paid at the appropriate hourly rate in
fifteen (15) minute increments. Current practice had been $10.00/hour;
12. The employees shall be permitted to raise the cost of pencils to $.25
without any additional cost of such supplies by the Employer effective 01/01/97.
13. New Hire Rates: Schedule "A" notwithstanding:
A. Any Mutuel Department Teller initially hired
after 10/03/96 shall be paid $48.00 per shift; and
after 10/03/97 shall be paid $49.20 per shift; and
after 10/03/98 shall be paid $50.43 per shift.
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B. Telebet Operators initially hired
after 10/03/96 shall be paid $45.00 per shift; and
after 10/03/97 shall be paid $46.13 per shift; and
after 10/03/98 shall be paid $47.28 per shift.
C. Any Admissions employees initially hired
after 10/03/96 shall be paid $35.00 per shift; and
after 10/03/97 shall be paid $36.05 per shift; and
after 10/03/98 shall be paid $37.13 per shift.
D. In addition, anything to the contrary herein notwithstanding, every
employee hired under the New Hire Rate shall be paid in accordance with the
"catch-up" formula which shall be applied according to the position they are
filling:
1) Beginning with the anniversary date of hire commencing the first day
of their 25th month of employment they shall be paid at 90% of the then current
applicable shift rate detailed herein for the job being performed;
2) Beginning with the anniversary date of hire commencing the first day
of their 37th month of employment they shall be paid at 95% of the then current
applicable shift rate detailed herein for the job being performed;
3) Beginning with the anniversary date of hire commencing the first day
of their 49th month of employment they shall be paid at 100% of the then current
applicable shift rate detailed herein for the job being performed;
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14. In addition to all other compensation, Tellers, Counter/Skimmers and
TeleBet Operators, shall be eligible to be paid a production premium of any
additional $1/hour for each hour worked in those positions in accordance with
the terms set forth in Schedule "B" for Mutuel Department, and Schedule "C" to
be mutually arrived at between the parties regarding the TeleBet Department.
ARTICLE XIII
Life Insurance
The Employer shall provide each employee on the regular seniority list,
who has worked at least 75% of the 90% of the preceding racing meeting and who
is at work during the current meeting, with group life insurance in the sum of
Three Thousand Dollars ($3,000) on a year-round basis, so long as he remains on
the regular seniority list.
Each employee on the extra seniority list and who is at work during the
current meeting, shall be provided with One Thousand Dollars ($1,000) of group
life insurance on a year-round basis, so long as he remains on the extra
seniority list and works 110 days per calendar year.
ARTICLE XIV
Pension Plan
A pension plan (Sports Arena Employees' Local 137 Retirement Fund) costing
$3.40 per employee per day shall begin the first day of the calendar year
following the calendar year when the track has had an average daily handle for
the total number of days raced by all thoroughbred licenses at Penn National
Race Course for such year of $605,000; a double-header shall be treated as two
racing days for the purpose of this Article.
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ARTICLE XV
Vacation Plan
After an employee has worked the number of Live or Seniority shifts in a
calendar year as set forth below, that employee shall be entitled to the
following paid vacation:
Employees With Employees With
Live or Less than 10 10 or More Years
Seniority Years Seniority Seniority
Shifts Worked Vacation Days Vacation Days
*90% 5 10
*70% 4 7
*60% 2 4
*Percent of live days run at Penn National Racetrack in the prior calendar year.
An employee must work a minimum number of days in each category to be
eligible for the prescribed vacation days. No fractional vacation days shall be
granted.
ARTICLE XVI
Notice of Discharge or Suspension
The Business Manager of the Union shall be notified in writing immediately
after discharge or suspension takes place, which notice shall contain the name
of the employee involved and the reason for such discharge or suspension.
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ARTICLE XVII
Ticket Errors, Overages and Shortages
1. The Employer agrees to have posted as quickly as possible listings of
shortages and overages at locations where they are readily accessible to
employees.
2. The Employer agrees that a shortage and overage report will be made
available to employees and a copy submitted to the Union daily. Shortages shall
be settled on a current basis in accordance with the provision detailed herein
after at Schedule "D".
3. It is the intention of the parties that overages shall be used to set
off shortages. The Employer and the Union shall mutually agree as to the amount
in each specific case. Overages not so applied shall be paid to the employee at
the conclusion of each racing meeting.
4. Those employees handling money or tickets shall be fully accountable to
the Employer for any loss or shortage therein, except when such loss or shortage
is caused by:
a. Force or threat of bodily harm;
b. Acceptance of counterfeit money which is not clearly detectible;
c. Theft - The burden of proving a loss as a result of theft is place
on the employee and such proof must be more than a surmise or suspicion. It must
clearly establish that the employee's shortage is due to theft and not his own
negligence.
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ARTICLE XVIII
Rules and Regulations
The Employer shall have the right, from time to time, to make such
reasonable rules and regulations for the conduct of its business, not
inconsistent with the provisions hereof, as it may deem necessary and advisable,
and all employees shall be obligated to comply with such rules and regulations.
Before such rules and regulations become effective, they shall be in writing and
a copy shall be given to the Business Manager of the Union and sufficient copies
shall be posted throughout each department in order to apprise the employees of
their obligation thereunder.
ARTICLE XIX
Technological Improvements and Job Security
1. Should new machines be introduced in the operations of the Mutuel
Department, such machines, insofar as they require human operation or servicing,
shall be operated or serviced by employees covered by this Agreement unless such
machines are leased to the Employer and the Employer is unable to negotiate with
the lessor that such machines be operated by the Employer's employees.
2. Vacancies in new classification created by the instruction of new
machines shall be filled in accordance with the procedure set forth in Articles
V and VI herein.
3. Should a technological displacement of employees occur by reason of
technological improvements, the Employer will endeavor to relocate employees in
new classifications on the basis of their seniority, ability and qualifications,
and will meet with the Union to negotiate mutually satisfactory rates of pay new
classifications created.
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4. Should the Employer lease its property to a lessee for the purpose of
conducting racing, provisions shall be made in said lease for the observance by
the lessee of the terms of this Agreement.
5. Should any new form of gambling or gaming be introduced, all current
employees shall be permitted the opportunity to apply for any new positions
created thereby with the Employer and management shall have sole discretion as
to allowing any such transfers.
ARTICLE XX
Leaves of Absence
No employee shall be granted a leave of absence without the prior written
approval of the Employer and the Union. At the end of such leave of absence,
such employee shall be reemployed in the same classification in which he was
employed at the commencement of his leave, without prejudice to his previous
status and without loss of seniority accrued at the commencement of the leave of
absence. In the event that an employee exceeds the time specified in the leave
of absence granted, the employee shall go to the bottom of the seniority list
and shall be offered employment based on seniority as set forth in Article V of
this Agreement. No seniority shall accrue during the period of the employee's
leave of absence as provided in this article but the employee shall retain only
the years and days of seniority service credits that he had accrued prior to the
leave.
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ARTICLE XXI
Death in Family
Any regular employee who, during the racing meeting, suffers a death in
his family as hereinafter defined, shall be entitled to three (3) consecutive
working days off and shall be compensated for all pay lost during that absence.
A member of the family is defined as: wife or husband, child (natural, adopted
or foster), stepchild, sister, brother, parent, parent-in-law or grandparent.
Extras shall be entitled to miss work for a death in the family (as
described herein) with no compensation for lost pay but with no loss of
seniority status.
ARTICLE XXII
Premium Pay
1. With respect to the following listed holidays, triple crown days,
Breeders Cup, and with respect to all meetings held on Sundays, the Employer
agrees to pay all employees covered by this Agreement who perform work on any
such days one and one-half (1-1/2) times their then prevailing shift rates of
pay, and extra race compensation (if applicable), provided the handle exceeds
$570,000 on the day in question. This $570,000 handle figure includes TeleBet,
on-track and simulcast wagering for the entire day and up until the end of the
last shift of the day. The premium pay shall go to those individuals working any
shift during the premium "day" or in the case of special events, i.e. Breeders'
Cup, those working during that event.
New Year's Day Labor Day
Washington's Birthday Veterans' Day
Easter Sunday Thanksgiving Day
Memorial Day Christmas Day
Independence Day New Year's Eve
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2. In the event that one of the above listed holidays falls on a Sunday,
the premium shall be paid on the Monday following such holiday if it is mandated
by federal law to be so celebrated on such a Monday, and a meeting day is
scheduled on such a Monday.
3. In the event the pari-mutuel handle on any Sunday when racing is
conducted is $1,000,000 or more, then the Employer shall pay all employees
covered by this Agreement who perform work on that Sunday two (2) times their
shift rate of pay and extra race compensation. If the pari-mutuel handle is less
than $1,000,000 the provisions of Section 1 above shall apply. In order to be
eligible for Sunday premium pay employees must work the preceding Saturday,
where so scheduled, unless excused because of illness or other compelling
personal reasons.
4. A premium of $3.00 shall be paid to all regular employees for each
Saturday worked when such Saturdays fall within a week in which six (6) days of
racing is conducted.
ARTICLE XXIII
General Conditions
1. This Agreement when accepted by the parties hereto and signed by the
respective agents thereunto duly authorized shall constitute the sole Agreement
between them involving the employees in this bargaining unit. Any alteration or
modification to this Agreement must be made by and between the parties hereto
and must be in writing.
2. Either party hereto shall be entitled to require specific performance
of the provisions of this Agreement.
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3. The waiver of any breach or condition of this Agreement by either party
shall not constitute a precedent for any future waiver of such breach or
condition.
4. In addition to any other remedies available to the Employer, any
employee or employees, either individually or collectively, who violate Article
XII of this Agreement shall be subject to discharge by the Employer.
5. Whenever an employee is unable to perform his duties because of illness
or accident, he shall, if requested by the Employer, submit a doctor's
certificate certifying to his illness, or at the option of the Employer, he
shall submit to an examination by a doctor selected by the Employer.
6. Any notice in writing required to be given to the Employer under this
Agreement shall be directed in writing to the General Manager of Pennsylvania
National Turf Club, Inc., Grantville, Pennsylvania, and any notice required to
be given to the Union shall be addressed in writing to it at 1012 Haddonfield
Road, Suite 106, Cherry Hill, New Jersey 08002.
7 The Employer shall make Blue Cross and Blue Shield coverage available to
those employees who desire it at group rates but at the employee's expense.
Premiums shall be deducted from the employee's wages in advance.
8. All working areas shall be cleaned daily and all rest rooms shall be
cleaned at least daily and a sanitary napkin dispenser shall be installed in all
rest rooms used by female employees.
9. The floors of the sheds in the parking lot and oil heaters in these
sheds shall be maintained in good repair.
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10. Four jackets will be kept available in the Admissions Department for
Parkers and rain suits shall be provided for Collectors only. Parkers will be
given programs on request.
11. Additional help will be provided to Turnstile Collectors during
promotions for busy windows or busy periods.
12. Where there is an early gate opening, Admissions Department employees
who report early shall be paid $5.00 per hour for each hour, in half hour
increments, prior to normal reporting time. If such employees report three (3)
hours or more prior to normal reporting, they shall receive a hot meal.
13. Heaters shall be provided in Admissions Booth where needed.
14. Mutuel Department employees may have their own coffee makers and
refrigerators behind the lines.
ARTICLE XXIV
Uniforms
1. Employees are required to wear the following items of clothing:
a. Solid white shirt with collar. If the shirt extends below the red vest,
then the shirt must be tucked into the pants/skirt. Shirts may be long or short
sleeves.
b. Dark colored pants/skirt, culottes or split skirts optional for female
employees only.
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c. Red vest. 1
2. Optional items of clothing permitted are as follows:
a. Dark blue blazer is permitted to be worn over the required uniform as
stated in Section 1 of this Dress Code.
b. A dark blue jacket/windbreaker is permitted to be worn only if the
temperature is 65 degrees or below. If this article is completely zipped or
buttoned up so as not to expose items of clothing underneath then the employee
is free to deviate from the white shirt and red vest.
c. A white sweater may be worn in addition to the required uniform as
stated in Section 1 of this Dress Code. If a white sweater is worn, the red vest
is to be worn on top of the sweater in keeping with the uniform theme.
d. During warm weather (Memorial Day through Labor Day inclusive)
light-colored lightweight pants may be worn.
ARTICLE XXV
Term of Agreement
This Agreement shall be made effective the 3rd day of October, 1996, and
shall continue in full force and effect without any further reopening or
renegotiation until October 3, 1999 and shall continue in full force and effect
from year to year thereafter unless either party hereto shall give written
notice at least sixty (60) days prior to the expiration of this Agreement, of
the intention of the party to amend, modify, or to terminate, whereupon the
Agreement shall terminate on the date set forth.
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1 Upon determination of excessive heat (in excess of 85 degrees at one
hour before first post) according to the thermometers placed on each line, vests
may be taken off. If during periods of excessive heat vests are taken off on any
division, all employees of those divisions will not wear vests during this
period. The Employer shall provide cotton vests for summer racing days.
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Complete Agreement
The foregoing represents the complete agreement of the parties. In all
other respects the terms and conditions of employment and past practices shall
remain in full force and effect and shall be renewed for the term of the
upcoming three (3) years. All other proposals by either party made in the course
of this bargaining shall be deemed withdrawn and without effect.
IN WITNESS WHEREOF, and intending to be legally bound hereby the parties
have caused their properly authorized officers to sign this Agreement.
FOR FOR
PENNSYLVANIA NATIONAL SPORTS ARENA EMPLOYEES' UNION
TURF CLUB, INC. LOCAL NO. 137
BY: \s\ Philip T. O'Hara Jr. BY: \s\ Robert LiGouri
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FOR WITNESS:
MOUNTAINVIEW RACING ASSOCIATION
BY: \s\ Philip T. O'Hara Jr. BY: \s\ Ray Garganes
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