EXHIBIT 10.6(d)
SEAMAN FURNITURE COMPANY, INC. and LOCAL 875, Affiliated
with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA
COLLECTIVE BARGAINING AGREEMENT
--------------------------------------------------------
ARTICLE I GOOD FAITH.................................... 3
- --------- ----------
ARTICLE II RECOGNITION................................... 4
- ---------- -----------
ARTICLE III UNION SECURITY................................ 4
- ----------- --------------
ARTICLE IV CHECK-OFF..................................... 6
- ---------- ---------
ARTICLE V HOURS OF WORK................................. 6
- --------- -------------
ARTICLE VI OVERTIME...................................... 7
- ---------- --------
ARTICLE VII HOLIDAYS...................................... 8
- ----------- --------
ARTICLE VIII PERSONAL DAYS................................. 9
- ------------ -------------
ARTICLE IX VACATIONS.....................................10
- ---------- ---------
ARTICLE X WAGES & WAGE INCREASES........................11
- --------- ----------------------
ARTICLE XI SICK BENEFITS WELFARE FUND....................12
- ---------- --------------------------
ARTICLE XII PENSION FUND..................................15
- ----------- ------------
ARTICLE XIII GRIEVANCE PROCEDURE...........................15
- ------------ -------------------
ARTICLE XIV SENIORITY.....................................17
- ----------- ---------
ARTICLE XV NOTICE TO AND FROM UNION......................18
- ---------- ------------------------
ARTICLE XVI BULLETIN BOARD................................20
- ----------- --------------
ARTICLE XVII LIE DETECTOR TEST.............................20
- ------------ -----------------
ARTICLE XVIII NON-DISCRIMINATION............................21
- ------------- ------------------
ARTICLE XIX SAFETY AND SANITARY CONDITIONS................21
- ----------- ------------------------------
ARTICLE XX VISITATION....................................21
- ---------- ----------
ARTICLE XXI LEAVE OF ABSENCE..............................22
- ----------- ----------------
ARTICLE XXII EXISTING PRACTICES............................23
- ------------ ------------------
1
ARTICLE XXIII NO STRIKE - NO LOCKOUT........................23
- ------------- ----------------------
ARTICLE XXIV GUARANTEED WORK...............................24
- ------------ ---------------
ARTICLE XXV PROBATIONARY PERIOD...........................24
- ----------- -------------------
ARTICLE XXVI DISCHARGES....................................24
- ------------ ----------
ARTICLE XXVII COLLECTIVE BARGAINING.........................26
- ------------- ---------------------
ARTICLE XXXVIII SUBCONTRACTING................................26
- --------------- --------------
ARTICLE XXVIX PROTECTION OF RIGHTS..........................26
- ------------- --------------------
ARTICLE XXX ASSIGNABILITY.................................27
- ----------- -------------
ARTICLE XXXI EFFECTIVE DATE................................27
- ------------ --------------
ARTICLE XXXII SEPARABILITY..................................27
- ------------- ------------
ARTICLE XXXIII MINIMUM STARTING WAGE.........................27
- -------------- ---------------------
ARTICLE XXXIV SICK LEAVE....................................28
- ------------- ----------
ARTICLE XXXV UNIFORMS......................................28
- ------------ --------
ARTICLE XXXVI SAFETY BELTS..................................29
- ------------- ------------
ARTICLE XXXVII MOVING OF FURNITURE OR OTHER HEAVY OBJECTS....29
- -------------- ------------------------------------------
ARTICLE XXXVIII BEREAVEMENT LEAVE.............................30
- --------------- -----------------
ARTICLE XXXIX TOOLS.........................................30
- ------------- -----
ARTICLE XL DURATION......................................30
- ---------- --------
THIS AGREEMENT made and entered into as of March 1, 1997, by and between SEAMAN
FURNITURE COMPANY, INC., 300 Crossways Park Drive, Woodbury, New York 11797, a
Delaware Corporation, hereinafter designated as the Employer or Company, and
LOCAL 875, affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
2
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, hereinafter designated as the
Union.
WHEREAS, the Employer is engaged in the business of retail sale of furniture
and
WHEREAS, the Union represents the majority of the Houseman Employees of the
Employer and
WHEREAS, the parties hereto desire to cooperate in establishing conditions in
the Employer's stores which will tend to secure to the workers a living wage,
improve the standards of labor, abolish unfair competition insofar as labor is
concerned, and provide methods for a fair and peaceful adjustment of all
disputes that may arise between the parties hereto.
NOW, THEREFORE, in consideration of one dollar and other good and valuable
consideration to each in hand paid by the other, and in consideration of the
mutual promises and obligations herein assumed and made, the parties hereby
agree as follows:
ARTICLE I GOOD FAITH
- --------- ----------
The Employer and the Union hereby agree that they will in good faith live up
to the provisions of this Agreement, and that this Agreement is entered into by
the Union and the Employer on behalf of the employees of the Employer, now
employed or hereafter to be employed, in the bargaining unit as defined in
ARTICLE II hereof.
3
ARTICLE II RECOGNITION
- ---------- -----------
The Employer agrees to and does hereby recognize the Union as the sole and
exclusive bargaining agent for all maintenance associates (hereinafter
"associates" or "Housemen"), excluding clerical and office employees, guards,
professional employees, and supervisors as defined in the Labor Management
Relations Act of 1947.
This Agreement shall cover all future plants which the Company may operate
during the term of this Agreement or any extension thereof, including all stores
operated as the result of expansion or change. This Agreement shall apply to
the Company's stores should there be any shift of geographical location. This
clause shall inure to the benefit of the Local herein only, but not its
successors or assigns.
ARTICLE III UNION SECURITY
- ----------- --------------
All associates who are members of the Local Union on the effective date of
this subsection or on the date of execution of this Agreement, whichever is the
later, shall remain members of the Local Union in good standing as a condition
of employment. All present associates who are not members of the Local Union and
all associates who are hired hereafter shall become and remain members in good
standing of the Local Union as a condition of employment by the 31st day
following the effective date of this subsection or the date of their employment,
whichever is the later. This provision
4
shall be made and become effective as of such time as it may be made and become
effective under the provisions of the National Labor Relations Act, but not
retroactively.
The failure of any person to become a member of the Union at the required time
shall obligate the Employer, upon written notice from the Union to such effect
and to the further effect that Union membership was available to such person on
the same terms and conditions generally available to other members, to forthwith
discharge such person. Further, the failure of any person to maintain his Union
membership in good standing as required herein shall, upon written notice to the
Employer by the Union to such effect, obligate the Employer to discharge such
person.
In the event of any change in the law during the terms of this Agreement, the
Employer agrees that the Union will be entitled to receive the maximum Union
security which may be lawfully permissible.
No provision of this Article shall apply in any state to the extent that it
may be prohibited by State Law. If under applicable State Law, additional
requirements must be met before any such provision may become effective, such
additional requirements shall first be met.
If any provisions of this Article are invalid under the law of any state
wherein this Agreement is executed, such provisions shall be modified to comply
with the requirements of
5
State Law or shall be re-negotiated for the purpose of adequate replacement. If
such negotiations shall not result in a mutually satisfactory agreement, the
Union shall be permitted all legal or economic recourse.
ARTICLE IV CHECK-OFF
- ---------- ---------
The Employer agrees to deduct, on the first pay day of each month,
from the salary or wages of the associates covered by this Agreement such Union
dues and initiation fees as the Union, by written notice, advises the Employer
are regularly due as such from the associates, and will turn such monies over to
the Union on or before the TENTH DAY of each month covering the current month in
advance, together with its listing of the associates and amount, from whom such
monies have been deducted, provided, however, that the Employer will make such
deduction only from wages of those associates who submit individual written
authorization to the Employer directing and authorizing the Employer to make
such deductions.
Any monies deducted from the associates are to remain the property of
the Union and in no event shall the Employer be permitted to use said monies for
any other purpose.
ARTICLE V HOURS OF WORK
- --------- -------------
Each regular shift shall consist of not more than eight (8) hours per
day, and shall constitute a regular work day. The regular work week shall
consist of five (5) days. For all associates hired before March 1, 1994, there
shall be a Monday
6
through Friday work week, and a Tuesday through Saturday work week. For those
associates hired on March 1, 1994 and thereafter, the work week shall be Monday
through Saturday with a day off scheduled by the Store Manager.
ARTICLE VI OVERTIME
- ---------- --------
a) Work performed in excess of forty (40) hours per week shall be
considered as overtime work and shall be paid for at the rate of time and one-
half the regular rate of pay. Work performed on Sundays and holidays shall be
paid for at the rate of double time for Sundays and holidays as such, in
addition to the holiday pay. In any week during which a holiday occurs, the
holiday shall be regarded as a regular day worked, and overtime shall commence
after thirty-two (32) hours of work that week.
b) Associates shall be required to work a reasonable amount of
overtime. The employer shall offer overtime by seniority first. If overtime
requirements are still not met, the Employer shall require the least senior
associate or associates within each store, to work overtime, provided there is
eight (8) hours' notice, unless an emergency exists. On the next occasion that
an associate is required to work overtime, the next least senior associate will
be required to work. This method will act to equitably distribute required
overtime.
7
ARTICLE VII HOLIDAYS
- ----------- --------
The Employer shall not require its associates to work on the following
holidays, and shall pay them for such holidays. For all associates hired before
March 1, 1997:
New Year's Day July 4th
Martin Luther King's Birthday Labor Day
Washington's Birthday Thanksgiving Day
Good Friday Christmas Day
Memorial Day Employee's Birthday
Day after Thanksgiving Day
For those associates hired on March 1, 1997 and thereafter, they will be
required to work on Martin Luther King's Birthday and Good Friday. For those
associates hired on March 1, 1997 and thereafter, the Day after Thanksgiving and
the associate's birthday will be given as holidays, only after completion of one
year of employment.
To be eligible for holiday pay, the associate must work the full
schedule day before and the full schedule day after the said holiday, unless the
associate has a verified illness, is on layoff or there is an Act of God or
shutdown prohibiting work.
Holiday pay for the associates who do not work on the foregoing holidays
shall be eight (8) hours pay.
8
a) If any of said holidays shall fall on Saturday, then, even though no
work shall be performed, the associates shall be paid at straight time for that
day.
b) If any of said holidays shall fall on Sunday, then the Monday
following shall be considered the holiday, and even though no work shall have
been performed on such Monday, the associates shall be paid for that day.
c) If any of the above holidays shall fall within the associate vacation
period, his vacation shall be extended one (1) day with pay.
d) Associates absent because of a compensable illness or injury shall be
entitled to full holiday pay, provided illness is temporary and does not exceed
six (6) weeks duration.
ARTICLE VIII PERSONAL DAYS
- ------------ -------------
The employer agrees to grant all associates hired before March 1, 1997,
three (3) personal days per year at base pay. There are no partial personal
days; personal days can be taken only in eight (8) hour segments. A personal day
is a planned day off and thereby requires Management's advance approval. There
is no carry over of personal days from one calendar year to the next.
Those associates hired on March 1, 1997 or thereafter, will receive
three (3) personal days at base pay upon completing one year of employment.
9
ARTICLE IX VACATIONS
- ---------- ---------
The Employer shall grant vacation with pay for all its associates in
accordance with provisions of this paragraph as set forth below:
For all associates the following vacation schedule applies:
One week's vacation for all associates with one (1) year or more but less
than two (2) years in the employ of the Employer.
Two weeks' vacation with pay for all associates with two (2) years or
more (up to seven (7) years) in the employ of the Employer.
Three weeks' vacation with pay for all associates with seven (7) years or
more (up to fourteen (14) years) in the employ of the Employer.
Four weeks vacation with pay for all associates with fourteen (14) years
or more in the employ of the employer.
The employer shall pay to all its associates their vacation pay prior
to the employee going on his or her vacation.
Associates who have been employed for one year or more, who are laid
off at any time during the term of this Agreement, shall be paid a pro-rata
vacation at the time of their job severance.
Associates who have been employed more than three (3) years and are
discharged for cause shall be entitled to pro-rata
10
vacation pay. Such pro-rata vacation shall be based upon the vacation provisions
above set forth.
ARTICLE X WAGES AND WAGE INCREASES
- --------- ------------------------
a) Effective as of March 1, 1997, there shall be a general wage increase
of $20.00 per week for all associates currently covered by this Agreement.
b) Effective as of March 1, 1998, there shall be a general wage increase
of $17.00 per week for all associates hired prior to March 1, 1997.
c) Effective as of March 1, 1999, there shall be a general wage increase
of $17.00 per week for all associates hired before March 1, 1997.
d) Effective as of March 1, 1998 there shall be a general wage increase
of $6.00 per week for those associates hired on March 1, 1997 and thereafter.
e) Effective as of March 1, 1999 there shall be a general wage increase
of $6.00 per week for those associates hired on March 1, 1997 and thereafter.
f) Associates who shall not actually be working as of or on the
effective date of the wage increase provided herein shall be entitled to receive
such increase on their return or recall to work.
g) Increases in wages granted by virtue of this Agreement shall be given
to the associates on dates specified
11
herein over and above any increases in wages decreed by New York State and/or
Federal Agencies having jurisdiction thereof during the terms of this Agreement.
ARTICLE XI SICK BENEFITS WELFARE FUND
- ---------- --------------------------
In order to protect and promote the health and welfare of the employees
in the industry, the Union has established the WELFARE FUND, which is
administered under a Declaration of Trust adopted by its members.
a) The Company, effective as of March 1, 1997, shall pay monthly to the
Local 875 LOUIS HIRSCH MEMORIAL WELFARE FUND the sum of Two Hundred Seventy-
Eight Dollars ($278.00) for each associate covered by this Agreement. The
Company, effective March 1, 1998, shall pay monthly to the Local 875 LOUIS
HIRSCH MEMORIAL FUND the sum of Two Hundred Eighty-Three Dollars ($283.00) for
each associate covered by this Agreement. The Company, effective as of March 1,
1999, shall pay monthly to the Local 875 LOUIS HIRSCH MEMORIAL FUND the sum of
Two Hundred Ninety-Three Dollars ($293.00) for each associate covered by this
Agreement. These monies shall be used for the purpose of securing
hospitalization and surgical benefits, Life Insurance, and other Welfare
benefits for its associates, employees of the Union, the PENSION FUND AND this
WELFARE FUND, in accordance with the Trust Agreements covering such Fund. The
Employer shall segregate from such contributions and pay by separate check such
sum as designated by the Trustees of the
12
Plan to the Local 875 Pre-Paid Legal Plan, which sum shall be utilized by the
Trustees in accordance with the Trust Indenture covering such entity. The
Trustees of the fund may, in their discretion, allocate the total amounts paid
between the two (2) Funds in any proportion which sound accounting practices
dictate, so long as the total amounts do not exceed the original figures set
forth in the Collective Bargaining Agreement.
b) Such payments shall not be in lieu of any other payments required to
be made by the Employer such as New York Disability payments, New York
Unemployment Insurance, Social Security, Workers' Compensation, etc.
c) Holiday and vacation time shall be considered time worked for the
purpose of this Article at the rate of eight (8) hours per day.
d) The Company shall forfeit all rights under this Agreement and the
associates may cease to work if the Company fails to pay its contributions as
provided above and/or the matter may be treated as a grievance hereunder.
e) With its monthly remittance, the Company will forward to the LOUIS
HIRSCH MEMORIAL WELFARE FUND (Local 875) the names of the associates covered and
such other information as may be required by the Trustees of the Fund for the
administration of the Fund.
f) If the Employer is delinquent in his payments to the Fund, claims for
payment may be prosecuted in the name of the
13
Union, on behalf of the associate(s) concerned, or in the name of the Fund and
may be submitted to arbitration.
The Arbitrator may schedule a hearing for any date on or after
expiration of twenty-four (24) hours notice sent by the Union to the Company,
and the Arbitrator shall render an award as quickly as possible. If the Company
fails to appear, the Arbitrator shall proceed without the Company being present.
In the absence of proof otherwise by the Company, which shall bring to such
hearing all books and records pertaining to the matter to be heard, the
Arbitrator shall determine the amount due to the Fund, on the petition of the
Union or of the Welfare Fund as to the amounts due and payable. In the absence
of other proof by the Union, all Welfare Fund payments due shall be based on the
average number of associates and hours worked by each such associates as
contained in the two highest reports thereof submitted by the Company to the
Union during the two (2) year period preceding.
g) The Union may elect not to proceed before the Arbitrator and may
proceed in any other manner provided by law, as if the provisions of ARTICLE XIV
were not contained in this Agreement. In such event the amounts due and payable
shall be determined in such other proceedings or proceeding in the same manner
as is provided above for determining such amounts before the Arbitrator, in the
absence of the Company from such hearing.
14
ARTICLE XII PENSION FUND
- ----------- ------------
In order to protect and promote security for associates in the industry,
the Union has established a PENSION FUND, which is administered under a
Declaration of Trust adopted by its members.
a) Effective as of March 1, 1997, the Employer shall pay to LOCAL 875 -
PENSION FUND the sum of $8.00 per week or 8% of the gross earning, whichever is
greater, for each associate covered by this Agreement.
b) All clauses under ARTICLE XI, (b), (c), (e), (f) and (g) are
incorporated herein and such clauses shall be deemed to apply to the Pension
Fund for the associates eligible under ARTICLE XI.
ARTICLE XIII GRIEVANCE PROCEDURE
- ------------ -------------------
Section 1: A grievance is hereby jointly defined to be any controversy,
- ----------
complaint, misunderstanding, or dispute.
Any grievance arising between the Company and the UNION shall be settled
in the following manner:
a) The aggrieved associate or associates must present the grievance to
the Shop Steward within five (5) working days after the reason for the grievance
has occurred, except that no time limit shall apply in case of violation of wage
provisions of this Agreement. If a satisfactory settlement is not effected with
15
the foreman within three (3) working days, the Shop Steward and associate shall
submit such grievance in writing to the Union's Business Representative.
b) The Business Representative shall then take the matter up with a
representative of the Company with authority to act upon such grievance. A
decision must be made within five (5) working days.
c) If the Company fails to comply with any settlement of the grievance
or fails to comply with the procedures of this Article, the Union has the right
to take all legal and economic action to enforce its demands.
Section 2: Any Shop Steward shall be permitted to leave his or her work to
- ----------
investigate and adjust the grievance of any employee within his or her
jurisdiction, after prior notification to his Supervisor, and approval by both
the Union and Director of Human Resources and/or Director of Stores, who shall
not unreasonably withhold his/her consent. Associates shall have the Shop
Steward or a representative of the Union present during the discussion of any
grievance with representatives of the Company.
Section 3: a) The dispute shall then be submitted to an Arbitrator appointed
- ----------
by the New York State Board of Mediation or a mutually agreed upon arbitrator.
b) Expense of the Arbitrator selected or appointed shall be borne
equally by the Company and the Union, unless arbitration is requested because of
the Employer's failure
16
to make remittances as required by this Agreement, in which event the Employer
shall pay the total cost.
Section 4: The Arbitrator shall not have the authority to amend or modify
- ----------
this Agreement or establish new terms or conditions under this Agreement. The
Arbitrator shall determine any question of arbitrability. In the event the
position of the Union is sustained, the aggrieved party shall be entitled to all
the benefits of this Agreement which would have accrued to him had there been no
grievance.
Section 5: Both parties agree to accept the decision of the Arbitrator as final
- ---------
and binding. If the Company fails to comply with the award of the Arbitrator or
with the procedures of this Article, the Union has a right to take all legal and
economic action to enforce compliance.
ARTICLE XIX SENIORITY
- ----------- ---------
a) The Employer recognizes the principle of seniority. For the purpose
of lay-off and rehiring, seniority shall be on a company-wide basis, in that the
last associate hired in a company-wide basis shall be the first associate laid
off and the last associate laid off shall be the first associate rehired.
b) It is agreed by the Company and the Union that all Shop Stewards and
officers of the Union have seniority over all associates in the plant providing
they can do the work that is to be done.
17
c) Any associate who is laid off six (6) consecutive months shall lose
his seniority. However, if he is rehired thereafter, such associate shall return
with his original seniority.
d) The rights of seniority in re-employment shall be accorded to a laid
off associate prior to new associates being hired provided such laid off
associate responded to a call to report for work not more than ten (10) working
days after notice has been sent to him by registered mail, return receipt
requested, to his last-known post office address.
e) Preference in assignment to shift work and choice of new jobs shall
be given to associates having higher seniority. New jobs shall be defined as
jobs having a higher rate of pay. This section shall not limit the Employer's
right to transfer or run its operation.
f) Seniority rights to a laid off associate will continue to accumulate
while he is laid off.
ARTICLE XV NOTICE TO AND FROM THE UNION
- ---------- ----------------------------
a) A seniority list, including name, category, rate of pay, and starting
date, shall be submitted every other month.
b) Remittance sheets, including names, new associates starting date, old
associates termination date, gross wages earned for the preceding month for each
associate, the amounts of dues and initiation checked-off, contributions to
fringe benefit funds, and
18
for what monthly periods, shall be remitted once a month, for the prior month,
within ten (10) days after the 1st day of each month, together with checks made
payable to the proper fringe benefit fund and dues and initiation to Local 875
I.B.T.
c) All necessary cards, properly signed, to the fringe benefit funds,
from a new associate, must be submitted with the remittance sheet.
d) For failure to submit the remittance sheet within ten (10) days after
it is due, then in such event, the Union, at its option, may take economic
action until it is submitted, and the Employer shall pay to associates for all
time out on strike or work stoppage their regular rate of pay.
e) If the Employer fails to notify the Union of the hiring of a new
associate and/or the rehiring of the associate, then in such event, the Employer
shall be responsible from the first day due, for all monies as if he collected
same to the Union for dues, initiations and contributions to all fringe benefit
funds as described herein.
f) For failure to remit monies due to the Union for dues, initiations
and any fringe benefit fund before the 61st day of accrual, the Union, at its
option, may charge a bookkeeping fee of two (2%) percent per month or any part
thereof until it is remitted, provided that not less than ten (10) days written
notice of the proposed charge is given to the Employer and the Employer fails to
remit within ten (10) days.
19
g) If the Employer fails to notify the Union of the termination of an
associate, for any reason, then in such event, the Employer shall be responsible
for all monies, as if he collected same, to the Union for dues, initiation and
contributions to all fringe benefit funds, if any, as described herein.
h) The Welfare and/or Pension Fund may audit the Employer's payroll
books and records after giving reasonable notice to the Employer, and if
contributions are incorrect, the Employer shall pay the cost of such audit and
all legal fees necessary and incident to collect the same.
i) In the event of default by the Employer in the payment of
contributions to the Funds mentioned in this Agreement, the Trustees may take
legal action to obtain payment, including but not limited to, the commencement
of arbitration proceedings for such purposes before an Arbitrator, selected by
the appropriate Trustees. All expenses thereof, including but not limited to,
the fee and expenses of the Arbitration and any filing or other administrative
fee plus reasonable attorney's fees fixed at twenty (20%) percent of the
indebtedness, together with interest at a reasonable rate on any monies
determined to be due, shall be chargeable to, and an obligation of, the
contributing Employer against whom such arbitration proceeding is commenced. The
Arbitrator may schedule a hearing on twenty-four (24) hours notice by regular or
certified mail.
20
ARTICLE XVI BULLETIN BOARD
- ----------- --------------
The Employer will provide the Union with a Bulletin Board in an
appropriate location in the plant to be used by the Union for posting of all
Union notices and literature.
ARTICLE XVII LIE DETECTOR TEST
- ------------ -----------------
The Company shall not require, request or suggest that an associate take
a polygraph or any other form of lie detector test.
ARTICLE XVIII NON-DISCRIMINATION
- ------------- ------------------
No associate shall be discriminated against, directly or indirectly,
because of his membership in or activity on behalf of the Union, nor will the
Employer, directly or indirectly, discourage membership in the Union, and the
provisions of this Agreement shall apply to all employees without discrimination
as to sex, color, race, creed, age, national origin, pregnancy or disability.
ARTICLE XIX SAFETY AND SANITARY CONDITIONS
- ----------- ------------------------------
The Company shall furnish and maintain safe and healthful sanitary
conditions, including clean and adequate locker accommodations, washing
facilities and toilets.
21
ARTICLE XX VISITATION
- ---------- ----------
Union representatives shall be given the right to enter the plant
premises at all reasonable times for the purpose of investigating grievances and
to secure the enforcement of the contract and for such other purposes as may be
necessary; provided however, that prior to entering the plant property they
shall first advise the front office of their presence and intention to enter the
plant property.
ARTICLE XXI LEAVE OF ABSENCE
- ----------- ----------------
a) In accordance with the Family and Medical Leave Act of 1993 (the
"FMLA"), an associate who has been employed by the Employer for at least twelve
(12) months (at the time the leave commences) and has worked at least 1,250
compensable hours during the twelve (12) months prior to the leave is entitled
to a total of twelve (12) weeks of unpaid leave during any twelve (12) month
period for the reasons listed in the FMLA. An associate who takes a leave of
absence under FMLA is required to use his or her accrued vacation, sick or
personal days during the leave period. For example, when two weeks of accrued
paid leave is used by an associate for FMLA purposes, the Employer will provide
ten (10) weeks unpaid leave to total twelve (12) weeks. A leave of absence
under FMLA will be granted in accordance with Employer's
22
then existing procedures. The FMLA and the regulations promulgated thereunder
will govern the procedures for a leave of absence unless state law provides
greater family and medical leave rights in which case the state law will govern.
b) Any associate upon application in writing shall be granted a leave
of absence without pay not to exceed one (1) month because of official Union
business.
ARTICLE XXII EXISTING PRACTICES
- ------------ ------------------
All benefits of employment in existence at the effective date of this
Agreement and not modified by the Agreement shall be continued without
modification.
ARTICLE XXIII NO STRIKE - NO LOCKOUT
- ------------- ----------------------
During the term of this Agreement, the Employer agrees that they will
not declare or authorize a lockout unless the Union failed to comply with an
arbitration award within forty-eight (48) hours after the award has been made,
and the Union agrees that no strike shall take place unless the Employer fails
to comply with an arbitration award within forty-eight (48) hours after the
award has been made. Neither the Union nor its Officers, agents or
representatives shall be liable for any acts of any person or any associates
participating in any strike or work stoppage unless such act or strike or work
stoppage has been expressly authorized by the Union and in conformance with the
provisions of the Constitution of
23
the Union and the provisions of the International Union Constitution. The
parties further agree that any strike, slowdown or stoppage not authorized as
herein specified shall not be deemed a violation of this Agreement.
In the event of an unauthorized slowdown or work stoppage, the Union
agrees within twenty-four (24) hours after receipt of notice thereof from the
Employer solely to endeavor in good faith to bring about a return to work of its
members who have stopped work. Upon failure of the associates to return to work
within the said twenty-four (24) hours, the Employer may take appropriate action
with respect to such associate or associates. Compliance by the Union in good
faith herewith shall be deemed full compliance with the Union's obligation
hereunder.
ARTICLE XXIV GUARANTEED WORK
- ------------ ---------------
Associates regularly scheduled for full-shift work shall be given four
(4) hours' work or the monetary equivalent thereof unless notified on the
previous day not to report, except in cases of power failure, Acts of God or
other such circumstances beyond the Employer's control. This clause shall not
apply to part time or premium work except that associates directed to report on
Saturday or Sunday shall be guaranteed at least four (4) hours' work or the
monetary equivalent thereof; and on the sixth (6th) day of work, associates
shall be guaranteed four (4) hours' work at a rate of time and one-half their
regular hourly wage.
24
ARTICLE XXV PROBATIONARY PERIOD
- ----------- -------------------
The parties agree to a ninety (90) day probationary period for all
associates. The Employer shall be entitled to discharge the newly hired
associate for any cause during this probationary period.
ARTICLE XXVI DISCHARGES
- ------------ ----------
No associate shall be discharged except for just and sufficient cause.
In the event any associate engages in the following conduct, it shall be
grounds for immediate discharge and shall be deemed to be just and sufficient
cause. However, any associate, if he is discharged, shall be granted an
interview with his shop steward.
Just cause for discharge shall include but not be limited to the
following:
a) Theft of Company property.
b) Wanton destruction of Company property.
c) Drunkenness or being under the influence of drugs while on the job.
d) Excessive lateness and absenteeism.
25
Whenever the Union disputes and/or disagrees with the justification of
the discharge of any associate, the Union shall provide the Employer with a
written notice of its dispute and/or disagreement within one (1) working day of
the time that the individual is required to leave the plant premises or the
Chief Steward receives official notification of the Employer's intention to
discharge the said associate, whichever occurs later. The dispute and/or
disagreement shall thereupon be adjusted between the parties in the manner
provided in ARTICLE XIII of this Agreement provided, however, that it shall not
be necessary to commence with subdivision "a" of said paragraph but institution
of the dispute may be by immediate recourse to Section 3 of said Article, and
any associate who has been discharged and subsequently reinstated as a result of
invoking the machinery for resolving dispute as set forth in ARTICLE XIII shall
be reinstated to his former job with full back pay.
Any new associates retained beyond the ninety (90) day trial shall be
entitled to all the rights and privileges of this Agreement, effective as of the
date of the commencement of his employment, but in no event shall new associates
be paid less than the minimum rate of pay established under this Agreement.
ARTICLE XXVII COLLECTIVE BARGAINING
- ------------- ---------------------
The Company agrees that it will negotiate with the Union during the term
of this Agreement concerning any matter involving
26
the wages, hours and working conditions of the associates, which is not
specifically provided for in this Agreement and which is not subject of any
grievance.
ARTICLE XXVIII SUBCONTRACTING
- -------------- --------------
The Company will not, so long as equipment and personnel are available,
subcontract work which is customarily performed by associates in the bargaining
unit to any other company.
ARTICLE XXIX PROTECTION OF RIGHTS
- ------------ --------------------
Picket Line - It shall not be a violation of this Agreement and shall
not be cause for discharge or disciplinary action in the event an associate
refuses to enter upon any property of his Employer involved in a lawful primary
labor dispute, or refuses to go through or work behind any lawful primary picket
lines at his Employer's places of business, including picket lines of Unions,
parties to this Agreement.
ARTICLE XXX ASSIGNABILITY
- ----------- -------------
This Agreement shall be binding upon the parties hereto, their
successors and assigns.
ARTICLE XXXI EFFECTIVE DATE
- ------------ --------------
All the terms and conditions of this Agreement shall be effective as of
March 1, 1997, except as otherwise indicated.
27
ARTICLE XXXII SEPARABILITY
- ------------- ------------
It is understood and agreed that if any provision of the Agreement or
the application of such provision to any person or circumstances shall be held
invalid, the remainder of this Agreement or the application of such provision to
other persons or circumstances shall not be affected thereby.
ARTICLE XXXIII MINIMUM STARTING WAGES
- -------------- ----------------------
The Employer agrees that in no event shall it pay its associates less
than the minimum wages decreed by New York State and/or Federal Agencies having
jurisdiction thereof during the term of this Agreement.
ARTICLE XXXIV SICK LEAVE
- ------------- ----------
All associates who were hired prior to March 1, 1997, shall continue to
receive payment for seven (7) sick days not worked each year. All associates
hired subsequent to March 1, 1997, shall continue to receive payment for sick
days not worked according to the following schedule:
(1) In the first year of employment an associate will accrue one (1)
sick day every ninety (90) days up to a maximum of three (3) days.
28
(2) In the second year of employment and each year thereafter, up to
five (5) years, an associate will accrue one (1) sick day every sixty
(60) days up to a maximum of five (5).
(3) Those associates with five (5) years or more in the employ of the
Employer will receive seven (7) days of sick leave.
If not used, the monetary equivalent of the unused days shall be paid to
the associates two (2) weeks before Christmas of each calendar year.
ARTICLE XXXV UNIFORMS
- ------------ --------
The Employer agrees to furnish each associate two (2) sets of two-piece
uniforms (pants and shirts) each year. Each associate shall be responsible for
the cleaning and maintenance of his or her uniforms.
ARTICLE XXXVI SAFETY BELTS
- ------------- ------------
The Employer agrees to furnish a safety belt to each associate who will
be responsible for the proper care and maintenance of the safety belt. In the
event the safety belt is damaged or lost, the cost of the replacement safety
belt will be assumed by the associate.
Upon termination of employment from Seaman Furniture Company, the
associate must return the safety belt in good and usable condition to the
Employer. If the terminating associate is
29
unable to do so, the associate must reimburse Seaman Furniture Company for the
replacement cost.
All associates are required to wear a safety belt at all time whenever
lifting any object.
ARTICLE XXXVII MOVING OF FURNITURE OR OTHER HEAVY OBJECTS
- -------------- ------------------------------------------
The Company recognizes the burden which is imposed on a single associate
by requiring his moving substantial items (e.g., large, sofas, bedroom suites,
etc.) without assistance. Consequently, the Company will make reasonable efforts
to schedule these tasks when two or more associates are available. However, the
Union and Company recognize that there will be extenuating circumstances when it
may be necessary to require an associate to move such items to the best of his
ability.
ARTICLE XXXVIII BEREAVEMENT PAY
- --------------- ---------------
All associates covered by this Agreement shall be granted up to three
(3) days off from work, with pay, if scheduled, in the event of a death in the
asssociate's immediate family. The leave must be taken consecutively, just
subsequent to the death in the associate's immediate family. "Immediate family"
is defined as an associate's spouse, mother, father, brother, sister, children,
grandparents and grandchildren. Proof of death and of relationship to the
deceased may be required.
30
ARTICLE XXXIX TOOLS
- ------------- -----
Associates shall be provided with all tools necessary to perform their
duties.
ARTICLE XL DURATION
- ---------- --------
The foregoing Agreement between the Employer and the Union shall
continue in full force and effect from March 1, 1997, and expire as of 11:59
P.M. on March 1, 2000, and shall be automatically renewed from year to year
thereafter unless at least sixty (60) days prior to any expiration date either
party desiring to terminate or modify this Agreement shall so notify the other
party in writing.
IN WITNESS WHEREOF, the parties have caused these presents to be signed.
SEAMAN FURNITURE COMPANY, INC. LOCAL 875, Affiliated with the
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND HELPERS OF
AMERICA
By:___________________________ By:___________________________
31